Pages 46529±46698 Vol. 61 9±4±96 No. 172 federal register September 4,1996 Wednesday of thisissue. Washington, DC,seeannouncementontheinsidecover For informationonbriefingsinNewYork,NYand Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996

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2 III

Contents Federal Register Vol. 61, No. 172

Wednesday, September 4, 1996

Agricultural Marketing Service Energy Information Administration PROPOSED RULES NOTICES Milk marketing orders: Agency information collection activities: Iowa, 46571–46572 Submission for OMB review; comment request, 46637– 46638 Agriculture Department See Agricultural Marketing Service Engineers Corps See Foreign Agricultural Service NOTICES Environmental statements; availability, etc.: Army Department Food and Drug Administration Laboratory, CA, 46635 See Engineers Corps Jackson Hole, WY; Snake River channel between Grand NOTICES Teton National Park and South Park Elk Feed Pharmacoeconomic Center; use of FDA-approved drugs for Grounds; environmental restoration, 46635–46636 unlabeled applications, 46632 Environmental Protection Agency Senior Executive Service: Performance Review Boards; membership, 46632–46635 NOTICES Committees; establishment, renewal, termination, etc.: Food Safety Advisory Committee; meeting, 46641 Commerce Department Confidential business information and data transfer, 46641– See International Trade Administration 46642 See National Oceanic and Atmospheric Administration Environmental reports; filing via electronic data interchange; policy, 46684–46694 Corporation for National and Community Service Grants and cooperative agreements; availability, etc.: NOTICES Rural communities hardship program; implementation Agency information collection activities: guidelines, 46642 Submission for OMB review; comment request, 46628 Pesticide registration, cancellation, etc.: Grants and cooperative agreements; availability, etc.: Agridyne Technologies, Inc., et al., 46642–46643 AmeriCorps* programs— S.C. Johnson & Son, 46643–46644 Education awards, 46628–46631 National service scholarship program, 46631–46632 Executive Office of the President See Presidential Documents Defense Department See Army Department Federal Aviation Administration See Engineers Corps RULES See Navy Department Airworthiness directives: Airbus, 46540–46542 Drug Enforcement Administration Beech, 46542–46543 NOTICES Bellanca, 46538–46539 Applications, hearings, determinations, etc.: PROPOSED RULES Johnson Matthey, Inc., 46664–46666 Airworthiness directives: Beech, 46574–46576 Israel Aircraft Industries, Ltd., 46576–46577 Education Department Saab, 46572–46574 NOTICES Meetings: Federal Communications Commission Foreign Medical Education and Accreditation National RULES Committee, 46637 Radio broadcasting: AM broadcast stations— Employment and Training Administration Technical assignment criteria; correction, 46563 NOTICES Radio services, special: Agency information collection activities: Low power radio and automated maritime Proposed collection; comment request, 46666–46667 telecommunications system operations in 216-217 MHz band, 46563–46570 Energy Department Telecommunications Act of 1996; implementation: See Energy Information Administration Common carrier services— See Federal Energy Regulatory Commission Over-the-air reception devices; restrictions preemption, See Hearings and Appeals Office, Energy Department 46557–46562 NOTICES PROPOSED RULES Federal assistance rules; class deviation: Telecommunications Act of 1996; implementation: Research for improving vehicular transportation, reducing Common carrier services— energy consumption, and pollution from Over-the-air reception devices; restrictions preemption, manufacturing processes program, 46637 46603–46607 IV Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Contents

NOTICES Bioresearch industry; regulatory requirements; public Agency information collection activities: workshop, 46653 Proposed collection; comment request, 46644–46645 Health professional organizations representatives, 46654 Investigational biological product trials; procedure to Federal Energy Regulatory Commission monitor clinical hold process; submissions request, NOTICES 46654–46655 Applications, hearings, determinations, etc.: Equitrans, L.P., 46638 Natural Gas Pipeline Co. of America, 46638 Foreign Agricultural Service Northern Natural Gas Co., 46638–46639 NOTICES Texas Eastern Transmission Corp., 46639 North American Free Trade Agreement (NAFTA) Ultramar Inc., 46639–46640 Implementation Act: Frozen concentrated orange juice; special provision, Federal Financial Institutions Examination Council 46617 NOTICES Trust assets annual report; addition of Schedule E fiduciary General Services Administration income statement, 46645–46649 PROPOSED RULES Acquisition regulations: Federal Highway Administration Commercial items and open season solicitations, 46607– NOTICES 46608 Meetings: Intelligent Transportation Society of America, 46678– 46679 Health and Human Services Department See Food and Drug Administration Federal Maritime Commission See Health Care Financing Administration NOTICES See Health Resources and Services Administration Casualty and nonperformance certificates: Royal Venture Cruise Line, Inc., 46650 Health Care Financing Administration Freight forwarder licenses: PROPOSED RULES AGS International Forwarders, Inc., et al., 46650 Medicare: Hospice wage index, 46579–46603 Federal Reserve System NOTICES NOTICES Agency information collection activities: Banks and bank holding companies: Submission for OMB review; comment request, 46655 Formations, acquisitions, and mergers, 46650–46651 Permissible nonbanking activities, 46651 Health Resources and Services Administration Fish and Wildlife Service NOTICES PROPOSED RULES Agency information collection activities: Endangered and threatened species: Submission for OMB review; comment request, 46655– Barton Springs salamander, 46608–46616 46656 NOTICES Grants and cooperative agreements; availability, etc.: Endangered and threatened species: Human immunodeficiency virus (HIV)— Recovery plans— Adolescent-focused HIV service delivery and care Rock gnome lichen, 46660 demonstration models, 46656 Meetings: Professional trade association representing health Klamath Fishery Management Council, 46660 maintenance organizations, 46656–46658 Meetings: Food and Drug Administration Liver, kidney, and kidney/pancreas transplantation; liver RULES allocation and patient listing criteria; public forum, Animal drugs, feeds, and related products: 46658 New drug applications— Nursing’s Third Minority Congress Division; caring for Xylazine injection, 46548 emerging majority; blueprint in action; team proposals Sponsor name and address changes— request, 46659 Roussel-UCLAF-SA, 46547–46548 Food additives: Hearings and Appeals Office, Energy Department Adjuvants, production aids, and sanitizers— NOTICES Bis(2,4-di-tert-butyl-6-methylphenyl) ethyl phosphite, Decisions and orders, 46640–46641 46545–46547 Phosphorous acid, cyclic neopentanetetrayl bis(2,6-di- tert-butyl-4-methylphenyl)ester, 46544–46545 Immigration and Naturalization Service Polymers— RULES Di(4-methylbenzoyl) peroxide, 46543–46544 Immigration: NOTICES Alien employment control; employment authorization Agency information collection activities: document (Form I–766) introduction, 46534–46537 Proposed collection; comment request, 46651–46652 NOTICES Meetings: Agency information collection activities: Advisory committees, panels, etc., 46652–46653 Submission for OMB review; comment request, 46666 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Contents V

Indian Affairs Bureau National Bankruptcy Review Commission NOTICES NOTICES Tribal priority allocations; contract support, housing Meetings, 46668 improvement program, and social services welfare assistance funds; distribution methodologies, 46660– National Oceanic and Atmospheric Administration 46662 RULES Tribal-State Compacts approval; Class III (casino) gambling: Fishery conservation and management: Confederated Tribes of Siletz Indians Tribe, OR, 46662 Gulf of Alaska groundfish, 46570 Confederated Tribes of Warm Springs Reservation, OR, NOTICES 46662 Permits: Coquille Indian Tribe, OR, 46662 Marine mammals, 46627 Cow Creek Band of Umpqua Tribe of Indians, OR, 46662– 46663 National Park Service RULES Interior Department Environman and human figure and design symbol use; CFR See Fish and Wildlife Service part removed, 46554–46556 See Indian Affairs Bureau NOTICES See Land Management Bureau Native American human remains and associated funerary See National Park Service objects: See Surface Mining Reclamation and Enforcement Office University of Alaska Museum, AK; inventory from Gambell, AK, 46663–46664 Internal Revenue Service NOTICES Navy Department Agency information collection activities: NOTICES Proposed collection; comment request, 46679–46681 Environmental statements; availability, etc.: Meetings: Base realignment and closure— Actuarial Examinations Advisory Committee, 46681 Long Beach Naval Shipyard, CA, 46636 Senior Executive Service: Performance Review Board; membership, 46681 Nuclear Regulatory Commission RULES International Trade Administration Regulatory agenda; report availability, 46537–46538 NOTICES NOTICES, 46668 Antidumping: Meetings; Sunshine Act, 46668 Brass sheet and strip from— Reports; availability, etc.: Canada, 46618–46621 Boiling water reactors; decommissioning analyses and Large newspaper printing presses and components costs estimate, 46668–46669 (assembled or unassembled) from— Germany, 46623–46624 Personnel Management Office Japan, 46621–46622 RULES Professional electric cutting tools from— Senior Executive Service: Japan, 46624–46627 Executive, management, and supervisory development, Antidumping and countervailing duties: 46531–46534 Administrative review requests, 46617–46618 NOTICES Meetings: International Trade Commission Federal Prevailing Rate Advisory Committee, 46669 NOTICES Meetings; Sunshine Act, 46664 Physician Payment Review Commission NOTICES Justice Department Meetings, 46669 See Drug Enforcement Administration See Immigration and Naturalization Service Presidential Documents NOTICES ADMINISTRATIVE ORDERS Pollution control; consent judgments: Broom corn brooms; determinations under section 203 of Metallics, Inc., 46664 the Trade Act of 1974 and section 304 of the North American Free Trade Act (Memorandum of August 30, Labor Department 1996), 46697–46698 See Employment and Training Administration Trading With the Enemy Act; extension of the exercise of certain authorities (Presidential Determination No. 96– Land Management Bureau 43 of August 27, 1996), 46529 NOTICES Organization, functions, and authority delegations: Public Health Service Lake Havasu Field Office, AK; mailing address and See Food and Drug Administration telephone number change, 46663 See Health Resources and Services Administration

National Aeronautics and Space Administration Securities and Exchange Commission NOTICES NOTICES Meetings: Applications, hearings, determinations, etc.: Space Science Advisory Committee, 46667–46668 Schwab Annuity Portfolios, 46669–46674 VI Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Contents

Small Business Administration Treasury Department NOTICES See Internal Revenue Service Applications, hearings, determinations, etc.: Enterprise Fund, L.P., 46674 FNF Ventures, Inc., 46674 Toronto Dominion Capital (U.S.A), Inc., 46674–46675 Separate Parts In This Issue

Social Security Administration Part II NOTICES Environmental Protection Agency, 46684–46694 Privacy Act: Systems of records, 46675–46678 Part III Surface Mining Reclamation and Enforcement Office The President, 46697–46698 RULES Permanent program and abandoned mine land reclamation plan submissions: Reader Aids Ohio, 46548–46550 Additional information, including a list of public laws, Utah, 46550–46552 telephone numbers, reminders, and finding aids, appears in Virginia, 46552–46554 the Reader Aids section at the end of this issue. PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Kentucky, 46577–46579 Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law Transportation Department numbers, Federal Register finding aids, and a list of See Federal Aviation Administration documents on public inspection is available on 202–275– See Federal Highway Administration 1538 or 275–0920. Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR 50 CFR Administrative Orders: 679...... 46570 Presidential Determinations: Proposed Rules: No. 96±43 of August 17...... 46608 27, 1996 ...... 46529 Memorandums: August 30, 1996 ...... 46695 5 CFR 317...... 46531 412...... 46531 7 CFR Proposed Rules: 1079...... 46571 8 CFR 210...... 46534 245a...... 46534 264...... 46534 274a...... 46534 299...... 46534 10 CFR Chap. 1 ...... 46537 14 CFR 39 (4 documents) ...... 46538, 46540, 46541, 46542 Proposed Rules: 39 (3 documents) ...... 46572, 46574, 46576 21 CFR 177...... 46543 178 (2 documents) ...... 46544, 46545 510...... 46547 522...... 46548 30 CFR 935...... 46548 944...... 46550 946...... 46552 Proposed Rules: 917...... 46577 36 CFR 1...... 46554 15...... 46554 42 CFR Proposed Rules: 418...... 46579 47 CFR 1...... 46557 25...... 46557 73...... 46563 80...... 46563 95...... 46563 Proposed Rules: 1...... 46603 48 CFR Proposed Rules: 501...... 46607 504...... 46607 507...... 46607 510...... 46607 511...... 46607 512...... 46607 514...... 46607 515...... 46607 538...... 46607 539...... 46607 543...... 46607 546...... 46607 552...... 46607 570...... 46607 46529

Federal Register Presidential Documents Vol. 61, No. 172

Wednesday, September 4, 1996

Title 3— Presidential Determination No. 96–43 of August 27, 1996

The President Extension of the Exercise of Certain Authorities Under the Trading With the Enemy Act

Memorandum for the Secretary of State [and] the Secretary of the Treasury

Under section 101(b) of Public Law 95–223 (91 Stat. 1625; 50 U.S.C. App. 5(b) note), and a previous determination made by me on September 8, 1995 (60 FR 47659), the exercise of certain authorities under the Trading With the Enemy Act is scheduled to terminate on September 14, 1996. I hereby determine that the extension for 1 year of the exercise of those authorities with respect to the applicable countries is in the national interest of the United States. Therefore, pursuant to the authority vested in me by section 101(b) of Public Law 95–223, I extend for 1 year, until September 14, 1997, the exercise of those authorities with respect to countries affected by: (1) the Foreign Assets Control Regulations, 31 CFR Part 500; (2) the Transaction Control Regulations, 31 CFR Part 505; and (3) the Cuban Assets Control Regulations, 31 CFR Part 515. The Secretary of the Treasury is authorized and directed to publish this determination in the Federal Register. œ–

THE WHITE HOUSE, Washington, August 27, 1996. [FR Doc. 96–22710 Filed 9–3–96; 8:45 am] Billing code 4810–31–M 46531

Rules and Regulations Federal Register Vol. 61, No. 172

Wednesday, September 4, 1996

This section of the FEDERAL REGISTER Part 317—Employment in the Senior Part 412—Executive, Management, and contains regulatory documents having general Executive Service Supervisory Development applicability and legal effect, most of which are keyed to and codified in the Code of The proposed regulations included a One agency raised a question about sabbaticals, which are spelled out in Federal Regulations, which is published under change in 5 CFR 317.501(c)(5) which statute (5 U.S.C. 3396(c)) and which are 50 titles pursuant to 44 U.S.C. 1510. would have allowed Executive not covered in this final rule. The Resources Boards to refer to the The Code of Federal Regulations is sold by question concerned whether agencies the Superintendent of Documents. Prices of selecting official all candidates as best would have complete authority for new books are listed in the first FEDERAL qualified when there were less than 10 deciding the merits of requests for REGISTER issue of each week. applicants for a position. This was sabbaticals. Agencies have always had proposed in response to a complete decision-making authority recommendation from the Executive regarding the use of sabbaticals. OFFICE OF PERSONNEL Resources Management Group’s (ERMG) Agencies should continue to report the MANAGEMENT Staffing Work Group, with the goal of use of sabbaticals to OPM, including simplifying and streamlining the merit 5 CFR Parts 317 and 412 submission of appropriate staffing process. However, we recognize documentation (currently OPM Form RIN 3602±AF96 that such a provision presents 1390, Executive Personnel Transaction). difficulties in the context of other One agency suggested including the Executive, Management, and requirements of 5 CFR 317.501(c), role of ‘‘team leader’’ in the supervisory, Supervisory Development calling for the ‘‘relative ranking of the managerial, and executive continuum. AGENCY: Office of Personnel candidates’’ and requiring selection At this time the role of the team leader Management. ‘‘from among the candidates identified is still evolving and may vary widely, as best qualified.’’ Two agencies as well depending on the type of team or the ACTION: Final rule. as the Senior Executives Association specific agency. There is no prohibition SUMMARY: The Office of Personnel raised concerns relating to the barring an agency from setting whatever Management (OPM) is issuing final interpretation and application of the training policies it deems appropriate regulations to eliminate the 3-year proposed revision. In evaluating the for the training of teams and team limitation on the validity of proposal and the subsequent comments, leaders. However, we are not Qualifications Review Board (QRB) we placed primary emphasis on the broadening the scope of part 412 to certification for appointment to the language of the merit principle requiring incorporate such a requirement for all Senior Executive Service (SES). The selection and advancement ‘‘solely on agencies. Office is also revising its regulations the basis of relative ability, knowledge, Another agency asked for verification governing executive and management and skills * * * ’’ (5 U.S.C. 2301(b)(1)). of its assumption that a person who development. The coverage has been In light of these considerations, the leaves the Government and has been expanded to include supervisory proposals has been deleted from the certified as qualified for the SES by a development. The revised regulations final regulation. QRB retains that certification. Since the present broad program criteria on the certification has no time limit, this is a Another recommendation put forward correct assumption. The individual systematic development of executives, by the ERMG’s Staffing Work Group managers, supervisors, and candidates could use that certification to return to involves a larger role for agencies in the the Government and receive a for these positions. They also establish management of the QRB process. Two minimum requirements for formal SES noncompetitive appointment to the SES, agencies commenting on these proposed provided that he or she had competed candidate development programs. The regulations recommended that the QRB revisions are intended to promote Governmentwide to enter the Candidate process be delegated to agencies or, Development Program (CDP). training and development activities alternatively, eliminated entirely. Our which foster a corporate perspective of One agency commented that agencies research of the legislative history of the should be encouraged to train their Government within the Federal Civil Service Reform Act indicates that executive cadre. managerial corps as needed to meet Congressional intent in legislating their program needs rather than being EFFECTIVE DATE: October 4, 1996. Qualifications Review Boards was to required to provide managerial training FOR FURTHER INFORMATION CONTACT: assure an independent review of generally. The regulations require that Constance Maravell at 202–606–1832. executive qualifications outside the training and development programs be SUPPLEMENTARY INFORMATION: OPM selecting agency. This is incompatible consistent with an agency’s strategic published proposed regulations to make with full delegation of the QRB process plan. We would like to emphasize the changes in parts 317 and 412 on to agencies. We currently have an importance of training for enhancing December 11, 1995 (60 FR 63454). We interagency advisory group reviewing organizational achievement. Training received comments from 7 agencies, 1 the function and operations of the QRBs and development play a critical role in individual, and the Senior Executives as they are presently conducted. If we assuring high quality customer service, Association (SEA). Most comments were conclude that the QRB process does not information management, and improved supportive of the changes. There were ‘‘add value’’ to the selection of Federal management skills. This is widely some reservations about requirements executives, we will recommend recognized in the private sector as well for SES candidate development appropriate changes, including as in Government. Furthermore, the programs. revisions to the statute if necessary. requirements for managerial 46532 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations development are flexible enough to considering the feasibility of possible enough to achieve the principal goal of allow agencies to comply within the options for implementing such a the developmental assignment, which is limits of their financial resources. recommendation. We recognize that to have the person gain a broader even experienced managers, who would perspective on his/her agency and the Section 412.104 Formal Candidate otherwise meet the requirements for Federal Government. To achieve this Development Programs for SES SES appointment, can benefit from the requires experience in other lines of Positions training and development provided work and/or in different working OPM believes that formal SES through a formal CDP. However, given relationships within the organization, or Candidate Development Programs the limitations of formal training in different organizations. Adding (CDPs) provide an excellent vehicle for budgets, the CDP is not a cost-effective duties to an existing position does not creating and reinforcing a corporate vehicle for certifying executive accomplish that purpose. perspective within the SES. The idea of qualifications obtained outside a formal One agency commented that not all a ‘‘corporate SES’’ originated with the program. candidates have equivalent backgrounds Civil Service Reform Act of 1978 and One agency advocated substituting a and, therefore, that development should was reinforced by the National general statement of purpose for formal be based on individual requirements Performance Review (NPR) in 1994. One candidate development programs, in needed to reach a set level of expected agency asked us to clarify the concept place of the specific program job performance. As we have previously of corporate SES perspective; another requirements at § 412.104(e), saying that indicated, we agree that development questioned whether it was a valid such specifications are ‘‘unnecessary plans should be tailored to the objective. We believe that a corporate and rigid.’’ Another agency took individual needs of each candidate. The SES ( a Governmentwide executive exception to the requirement specifying regulations require that each candidate service with shared values, a common the aggregate length of developmental have a development plan prepared from identity, and a certain fundamental assignment(s) outside the candidate’s a competency-based needs assessment. uniformity in personnel systems) position of record. We do not find these The minimum standards are sufficiently contributes to stronger Government, and requirements to be unnecessary, and it broad so that individual development we will continue our efforts to promote is not our intention to be rigid in their plans can be tailored to meet each a corporate SES culture in our policies application or interpretation. In all cases candidate’s needs. and programs. except where competition for entry into Another agency requested that OPM The essence of a corporate SES is the CDP is restricted to agency not restrict formal training to shared values. These values must employees, QRB certification based on ‘‘interagency sources.’’ In fact, the transcend a commitment to agency successful completion of an OPM- regulations do not restrict formal mission; they must extend beyond an approved executive development training to any particular source or executive’s individual profession and program makes an individual eligible sources. The regulations allow agencies aspirations. The SES values must Governmentwide for noncompetitive to choose any source, including respect and embrace the dynamics of appointment to the SES. Therefore, to nongovernmental, for the required American democracy, an approach to support development of a corporate training experience, which must be governance that provides a continuing perspective in Government, there is a Governmentwide or multi-agency in its vehicle for change. The NPR report on Governmentwide interest in assuring nature and scope. The purpose of this the SES captures the original vision of that a minimum level of training and requirement is to expose potential the SES: development is shared by successful executives to multiple points of view to serve the twin objectives of change and DCP participants. The regulations allow and foster a corporate perspective. continuity: On one hand helping the top a great deal of flexibility in choosing the One agency questioned the necessity officials of a new administration to steer their formal interagency training experience, of requiring OPM approval of agency agencies in the direction set by the newly and the 4 months of developmental programs prior to announcement for the elected President; on the other hand carrying assignments can be accomplished first time under the new regulations. We forward the institutional memory of through a series of shorter assignments. believe these regulations are a government and maintaining high standards Furthermore, OPM will work with significant departure from the of public service. agencies to develop program plans that superseded regulations, such that prior We believe that this vision is still valid, are tailored to specific agency needs and OPM review and approval will and we believe that balancing circumstances, and we will permit contribute to the development of agency continuity and change is the individual participants to have programs that both meet minimum fundamental responsibility of the Senior development plans which deviate from regulatory standards and are tailored to Executive. Inherent in this their agencies’ approved program plans, individual agency needs. We encourage responsibility is respect for both merit provided these deviations are approved agencies to meet with us early in the and diversity, both the dignity and by OPM in advance. We absolutely development of their programs so that importance of the individual and the agree with the comment that the concerns of all parties can be richness and wisdom that diversity of developmental assignments should be surfaced and adequately addressed. By individuals brings to organizations and ‘‘tailored to the individual engaging in such discussion before societies. developmental needs of each agencies’ programs are announced for Two agencies commented in favor of candidate.’’ the first time, we can minimize adding a provision to establish a cadre At the same time, some work problems which might arise as of ‘‘precertified’’ managers in order to experiences would not normally individual candidates are submitted for expedite the filling of executive provide the depth and breadth of QRB certification. positions. The ERMG’s Staffing Work experience needed to enhance a The Senior Executives Association Group has recommended that OPM candidate’s executive qualifications. For (SEA) commented on the requirement examine ways to allow agencies to example, one agency asked if a that agencies’ recruitment efforts precertify the qualifications of executive candidate could stay in his/her current comply with statutory merit principles candidates outside of the candidate position and have extra duties added to (1) and (2) and also take ‘‘into development process. We are currently that position. This does not go far consideration the goal of achieving a Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46533 diversified workforce’’ (412.104(b)). to Governmentwise recruitment under Subpart BÐSenior Executive Service Status SEA believes ‘‘To provide additional section 412.104(a)(2). We plan to and Nonstatus Candidate Development emphasis will create an appearance that discuss these and other procedural Programs preferential treatment for some is the questions with all stake holders and 412.201 Purpose. desired, but unclearly stated, goal.’’ In issue operational guidance at the time 412.202 ‘‘Status’’ programs. Adarand Constructors, Inc. v. Pena, 115 the regulations become final. 412.203 ‘‘Non-status’’ programs. S. Ct. 2097 (1995), the Supreme Court Authority: 5 U.S.C. 3397, 4101, et seq. Regulatory Flexibility Act ruled that all Federal programs which Subpart AÐGeneral Provisions use race-based decision-making are I certify that these regulations will not subject to strict judicial scrutiny. have significant economic impact on a § 412.101 Coverage. However, the provision in question substantial number of small entities This subpart applies to all incumbents speaks to the recruiting process and not because they affect only federal of or candidates for supervisory, to the selection process. In a Department employees and agencies. managerial, and executive positions in of Justice memorandum to General the General Schedule, the Senior Counsels providing guidance on the List of Subjects in 5 CFR Parts 317 and Executive Service (SES), or equivalent Adarand decision (February 29, 1996), 412 pay systems who are also covered by agencies were advised: Government employees. part 410 of this chapter. Adarand does not apply, however, to actions James B. King, in which race is not used as a basis for § 412.102 Purpose Director, Office of Personnel Management. making employment decisions about (a) This subpart implements for individuals. For example, action to increase Accordingly, the Office of Personnel minority applications for employment is not supervisors, managers, and executives subject to Adarand. Outreach and Management is amending 5 CFR parts the provisions of chapter 41 of title 5 of recruitment efforts * * * which merely seek 317 and 412 as follows: the United States Code related to to expand the pool of qualified applicants training and section 3396 of title 5 generally would not be subject to strict PART 317ÐEMPLOYMENT IN THE related to the criteria for programs of scrutiny under Adarand. SENIOR EXECUTIVE SERVICE systematic development of candidates Our purpose in highlighting the value of for the SES and the continuing 1. The authority citation for part 317 achieving a diversified workforce is not development of SES members. continues to read as follows: to influence selections or other (b) The subpart identifies a employment decisions but to articulate Authority: 5 U.S.C. 3392, 3393, 3393a, continuum of preparation starting with the principle that members of all groups 3395, 3395, 3397, 3593, and 3595. supervisory positions and proceeding should have an opportunity for 2. In subpart E, § 317.502, paragraph through management and executive consideration. (c) is revised to read as follows: positions Governmentwide. For this The SEA suggested that we list in the reason, the subpart establishes a regulations the 22 generic competencies Subpart EÐCareer Appointments comprehensive system that is intended identified in the Leadership to: Effectiveness Framework to assist § 317.502 Qualifications Review Board (1) Provide the competencies needed potential candidates in assessing their certification. by supervisors, managers, and qualifications for SES positions. For * * * * * executives to perform their current purposes of assessing an individual’s (c) Qualifications Review Board functions at the mastery level of executive qualifications, these 22 certification of executive qualifications proficiency; and competencies are grouped into five just be based on demonstrated executive (2) Provide learning through ‘‘executive core qualification:’’ strategic experience; successful completion of an development and training in the context vision, human resources management, OPM-approved candidate development of succession planning and corporate program development and evaluation, program; or possession of special or perspective to prepare individuals for resource planning and management, and unique qualities that indicate a advancement, thus supplying the organizational representation and likelihood of executive success. Any agency and the government with an liaison. It is against these five core existing time limit on a previously adequate number of well prepared and qualifications that individuals are approved certification is removed. qualified candidates to fill supervisory, evaluated by Qualifications Review * * * * * managerial, and executive positions Boards to determine ‘‘demonstrated Governmentwide. executive experience’’ and/or PART 412ÐEXECUTIVE, § 412.103 Criteria for programs for the ‘‘likelihood of executive success,’’ as MANAGEMENT, AND SUPERVISORY required by 5 U.S.C. 3393. OPM has systematic training and development of DEVELOPMENT executives, managers, supervisors, and already published guidance which candidates. describes the five core qualifications 3. Part 412 is revised to read as and provides additional information on follows: Each agency must provide for the how to present a candidate’s executive initial and continuing development of Subpart AÐGeneral Provisions qualifications for consideration by a individuals in executive, managerial, QRB. Sec. and supervisory positions, and 412.101 Coverage. candidates for those positions. The Operational Issues 412.102 Purpose. agency must issue a written policy to One agency raised a number of 412.103 Criteria for programs for the assure that their development programs: systematic training and development of (a) Are designed as part of the operational issues, such as the executives, managers, supervisors, and appropriate organizational level for candidates. agency’s strategic plan and foster a seeking OPM approval of agency 412.104 Formal candidate development corporate perspective. programs and the lowest organizational programs for Senior Executive Service (b) Make assignments to training and level appropriate for seeking exceptions positions. development consistent with the merit 46534 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations system principles set forth in 5 U.S.C. number selected shall be consistent within the civil service. This subpart 2301(b) (1) and (2). with the number of expected vacancies. sets forth regulations establishing two (c) Provide for: (d) Each candidate has an SES types of SES candidate development (1) Initial training as an individual development plan covering the period programs, ‘‘status’’ and ‘‘non-status.’’ makes critical career transitions to of the program. The plan is prepared become a new supervisor, a new from a competency-based needs § 412.202 ``Status'' programs. manager, or a new executive consistent determination. It is approved by the Only employee serving under career with the results of needs assessments; Executive Resources Board. appointments, or under career-type (2) Continuing learning experiences, (e) The minimum program appointments as defined in both short- and long-term, throughout requirements, unless an exception is § 317.304(a)(2) of this chapter, may an individual’s career in order for the obtained in advance of the beginning of participate in ‘‘status’’ candidate individual to achieve the mastery level the candidate’s program, for an SES development programs. of proficiency for his or her current development plan are as follows: § 412.203 ``Non-status'' programs. management level and position; and (1) There is a formal training (3) Systematic development of experience that addresses the executive (a) Eligibility. Candidates are from candidates for advancement to a higher core qualifications and their application outside Government and/or from among management level. Formal candidate to SES positions Governmentwide. The employees serving on other than career development programs leading to training experience must include or career-type appointments within the noncompetitive placement eligibility interaction with a wide mix of Federal civil service. represent one, but not the only, type of employees outside the candidate’s (b) Requirements. systematic development. department or agency to foster a (1) Candidates must be appointed corporate perspective but may include using the Schedule B authority § 412.104 Formal candidate development managers from the private sector and authorized by § 213.3202(j) of this programs for Senior Executive Service chapter. The appointment may not positions. state and local governments. The nature and scope of the training must have exceed or be extended beyond 3 years. Formal SES candidate development Governmentwide or multi-agency (2) Assignments must be to a full-time programs permit the certification of the applicability. If formal interagency position created for developmental executive qualifications of graduates by training is used to meet this purposes connected with the SES a Qualifications Review Board under the requirement, it must total at least 80 candidate development program. criterion of 5 U.S.C. 3393(c)(2)(B) and hours. If an interagency work Candidates serving under Schedule B selection for the SES without further experience is used, it must be of appointment may not be used to fill an competition. The agency must have a significantly longer duration than 80 agency’s regular positions on a written policy describing how the hours. continuing basis. program will operate. The agency must (2) There are developmental (3) Schedule B appointments must be obtain OPM approval of the program assignments that total at least 4 months made in the same manner as merit before it is conducted for the first time of full-time service outside the staffing requirements prescribed for the under these regulations and whenever candidate’s position of record. The SES, except that each agency shall there are substantive changes to the purpose of the assignments is to follow the principle of veteran program. Agency programs must meet broaden the candidate’s experience and/ preference as far as administratively the following criteria. or increase knowledge of the overall feasible. Positions filled through this (a) Recruitment. functioning of the agency so that the authority are excluded under (1) Recruitment for the program is candidate is prepared for a range of § 302.101(c)(6) of this chapter from the from all groups of qualified individuals agency positions. appointment procedures of part 302. within the civil service, or all groups of (3) There is a member of the Senior qualified individuals whether or not [FR Doc. 96–22366 Filed 9–3–96; 8:45 am] Executive Service as a mentor. BILLING CODE 6325±01±M within the civil service. (f) Each candidate’s performance in (2) Agencies may request an exception the program is evaluated periodically, to the provision in paragraph (a) of this and there is a written policy for DEPARTMENT OF JUSTICE section if they can show that during the discontinuing a candidate’s 5-year period prior to the announcement participation in the program. A Immigration and Naturalization Service of a program they have made at least candidate can be discontinued or may 15% of their career SES appointments withdraw from the program without 8 CFR Parts 210, 245a, 264, 274a and from sources outside the agency. prejudice to his or her ability to apply 299 Notwithstanding this exception directly for SES positions. recruitment must be competitive and be (g) Each candidate has a documented [INS No. 1399 E±96] announced at least agencywide. starting and finishing date in the RIN 1115±AB73 Graduates of these programs who have program. been certified by a QRB must then Introduction of New Employment compete Governmentwide for entry to Subpart BÐSenior Executive Service Authorization Document the SES, but do not have to obtain a Status and Nonstatus Candidate second QRB certification before Development Programs AGENCY: Immigration and Naturalization appointment. Service, Justice. § 412.201 Purpose. (b) In recruiting, the agency, ACTION: Final rule. consistent with the merit system Section 3393 of title 5, United States principles in 5 U.S.C. 2301(b) (1) and Code, requires that career appointees to SUMMARY: The Immigration and (2), takes into consideration the goal of the SES be recruited either from all Naturalization Service (Service) is achieving a diversified workforce. groups of qualified individuals within publishing a final rule introducing a (c) All candidates are selected through the civil service, or from all groups of more secure Employment Authorization SES merit staffing procedures. The qualified individuals whether or not Document (EAD), Form I–766. The Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46535

Service will begin issuing Form I–766 aliens who have been granted eligibility (List A) of the Form I–9, the on or after October 4, 1996. This rule employment authorization, and the Service is amending part 264 to add will confer authority for INS to begin Service as well. Forms I–688B and I–766. issuing Form I–766 to certain classes of Currently, more than half of all EAD applications are filed and processed at Elimination of Certain Service-Issued aliens as evidence of authorization to Paper Documents work temporarily in the United States. the service centers through direct mail, Form I–766 may be used by employees and the Service plans to shift all In the supplemental proposed rule and employers for purposes of remaining EAD applications to direct published on June 22, 1995, the Service employment verification eligibility mail as a new production system notified the public of its intent to requirements on the Service Form I–9. becomes available in the service centers. eliminate from circulation an unknown No action is necessary for those aliens As noted in the proposed supplemental number of paper work authorization who have valid evidence of employment rule, direct mail is a Service program documents issued prior to June 1, 1987. authorization on Service Forms I–688A which allows the public to file certain These pre-1987 paper work and I–688B. applications and petitions for benefits authorization documents neither adhered to uniform standards for EFFECTIVE DATE: October 4, 1996. under the Immigration and Nationality Act (Act), as amended, at service centers issuance and recordkeeping nor FOR FURTHER INFORMATION CONTACT: instead of field offices. This contained security features. The Service, MayBurn DeBoe, Senior Immigration centralization has improved inventory by its own regulation, intended that Examiner, Immigration and control, data integrity, and overall these paper documents be terminated Naturalization Service, Adjudications service. automatically on June 1, 1988. However, and Nationality Division, 425 I Street the Service was not in a state of NW., room 3214, Washington, DC. Introduction of Form I–766 readiness to issue a secure employment 20536, telephone (202) 514–5014. In the proposed rule published authorization document on June 1, 1988 SUPPLEMENTARY INFORMATION: The November 23, 1993, the Service and published in the Federal Register a Service published a supplemental proposed amending 8 CFR parts 210 and stay and suspension of this paragraph of proposed rule (INS No. 1399S–94) in the 245a to reflect the eventual replacement its regulation. The Service is now Federal Register at 60 FR 32472–32477 of Form I–688A with Form I–766. The prepared to issue a highly secure on June 22, 1995. That rule, among Service will amend those parts to document, Form I–766. Accordingly, other things, proposed to introduce a include specific references to the form effective December 31, 1996, consistent new, more secure Employment number of Service-issued employment with the provisions of 8 CFR 274a.14(c), Authorization Document (EAD), Form I– authorization documents (e.g., Form I– this rule will lift the stay on the 766. This final rule introduces Form I– 688B and Form I–766). In addition, expiration of Service-issued paper work 766 as a designated employment current language in sections under 8 permits issued before June 1, 1987, that authorization document and, for Form CFR parts 210 and 245a provide for was noticed at 53 FR 20086–87 on June I–688A and I–688B Employment employment authorization in 6-month 1, 1988. The stay was imposed ‘‘to Authorization Document holders, increments. This rule amends those promote clarity in the issuance of evidence of alien registration; while also sections to make them consistent with employment authorization documents’’ amending 8 CFR parts 210 and 245a to language in 8 CFR 274a.12(c) which while the Service investigated reflect revised document numbers. provides for employment authorization technologies for a secure, standardized The Service will begin to issue Form in increments not to exceed 1 year. employment authorization system. The I–766 on October 4, 1996. At this time, technology behind Form I–766 Related Regulatory and Process the Service is publishing in final form represents an important step towards those provisions which will allow for Changes such a system. Holders of such the use of Form I–766. Form I–766 will To clarify the regulatory provisions documents will be required to obtain eventually replace two existing for legalization applicant work the new, secure Form I–766, through the Employment Authorization Documents, authorization in 8 CFR 274a.12, the prescribed process for filing an Forms I–688A and I–688B. These Service is adding paragraphs to (c) (20) Application for Employment provisions were contained in the and (22) to include these legalization Authorization (Form I–765. This proposed document reduction rule (INS groups as classes of aliens who must provision applies exclusively to paper No. 1399–92) published on November apply for employment authorization documents evidencing periods of 23, 1993, at 58 FR 61846–61850, and the while their applications are pending temporary employment authorization supplemental proposed rule (INS No. before the Service. The addition of these issued prior to June 1, 1987. Although 1399S–94) published on June 22, 1995. two (2) paragraphs will permit the the Service does not know the precise The Service has elected to publish only Service to indicate on the EAD, the number of aliens holding these pre-1987 these select provisions in final form at different terms and conditions of paper work permits, it is reasonable to this time. The remainder of the legalization applicants under sections expect that most such aliens have provisions contained in the proposed 210 and 245A of the Act. applied for immigration benefits under document reduction rule and In addition, since Form I–688A, the legalization program enacted in supplemental proposed rule will be which is issued to legalization 1986 or otherwise sought immigration published in final form at a later date. applicants, is designated by existing benefits at which time the question of regulation as evidence of alien employment authorization would have Centralized EAD Production registration, 8 CFR part 264 will be been revisited. The Service will centralize I–766 amended to permit Form I–766, which production at the service centers. The eventually will replace Form I–688A, to Comments Service has determined that utilizing be used as evidence of alien registration. Many of the comments received on state-of-the-art technology at one or Also, because an employment the proposed supplement relate to more of its service centers will enable authorization document is considered sections that are not the subject of this the Service to produce a more secure an alien registration document for final rule. Those will be addressed EAD which will benefit employers, purposes of identity and employment when the Service publishes the final 46536 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations document reduction rule. One with the employment eligibility the scheduled appointment date. commenter supported the eventual verification requirements of the Act. Employment authorization, both prior elimination of the Form I–688B in and subsequent to an interview, will be Executive Order 12612 conjunction with Form I–688A with the restricted to increments not exceeding 1 introduction of the Form I–766. This regulation will not have year, pending final determination on the However, another commenter requested substantial direct effects on the States, application for temporary resident that prompt adjudication of EAD on the relationship between the status. If a final determination has not applications be ensured. The National Government and the States, or been made prior to the expiration date commender expressed concern that the on the distribution of power and on the Employment Authorization processing time for Form I–766 will responsibility among the various levels Document (Form I–766, Form I–688A or further increase overall adjudication of government. Therefore, in accordance Form I–688B) that date may be extended and processing time. The commenter with Executive Order 12612, it is upon return of the employment also encouraged the Service to engage in determined that this rule does not have authorization document by the an aggressive informational campaign to sufficient federalism implications to applicant to the appropriate Service make affected aliens aware of the need warrant the preparation of a Federalism office. Persons submitting applications to eventually replace their EADs and to Assessment. who currently have work authorization advise employers about the proposed incident to status as defined in List of Subjects changes so that inadvertent § 274a.12(b) of this chapter shall be discrimination and verification mistakes 8 CFR Part 210 granted work authorization by the do not occur. Aliens, Reporting and recordkeeping Service effective on the date the alien’s The Service is prepared to institute an requirements. prior work authorization expires. aggressive informational and Permission to travel abroad shall be educational campaign advising both 8 CFR Part 245a granted in accordance with the Service’s employers and employees of the Aliens, Immigration, Reporting and advance parole provisions contained in introduction of the Form I–766. The recordkeeping requirements. § 212.5(e) of this chapter. Form I–766 is a more secure card and (3) Employment and travel is being introduced by the Service as a 8 CFR Part 264 authorization upon grant of temporary means to ensure quicker processing Aliens, Reporting and recordkeeping resident status. Upon the granting of an time, as well as greater uniformity and requirements. application for adjustment to temporary consistency among EADs. It is resident status, the service center will anticipated that the new EAD will 8 CFR Part 274a forward a notice of approval to the ultimately result in less confusion for Administrative practice and applicant at his or her last known the employment community. procedure, Aliens, Employment, address and to his or her qualified designated entity or representative. The Regulatory Flexibility Act Penalties, Reporting and recordkeeping requirements. applicant may appear at any Service The Commissioner of the Immigration office, and upon surrender of the and Naturalization Service, in 8 CFR Part 299 previously issued Employment accordance with the Regulatory Immigration, Reporting and Authorization Document, will be issued Flexibility Act (5 U.S.C. § 605(b)), has recordkeeping requirements. Form I–688, Temporary Resident Card. reviewed this regulation and, by Accordingly, chapter I of title 8 of the An alien whose status is adjusted to that approving it, certifies that the rule will Code of Federal Regulations is amended of a lawful temporary resident under not have a significant economic impact as follows: section 210 of the Act has the right to on a substantial number of small reside in the United States, to travel entities. Employers, including small PART 210ÐSPECIAL AGRICULTURAL abroad (including commuting from a entities, are required to comply with WORKERS residence abroad), and to accept existing employment verification employment in the United States in the eligibility requirements under the Act. 1. The authority citation for part 210 continues to read as follows: same manner as aliens lawfully Introduction of the more secure EAD, admitted to permanent residence. Authority: 8 U.S.C. 1103, 1160; 8 CFR part Form I–766, imposes no such additional * * * * * requirement. Rather, introduction of the 2. more secure EAD and centralizing its 2. In § 210.4 paragraphs (b) (2) and (3) PART 245aÐADJUSTMENT OF production are intended to streamline are revised to read as follows: STATUS TO THAT OF PERSONS the current process and simplify ADMITTED FOR LAWFUL existing employment verification § 210.4 Status and benefits. TEMPORARY OR PERMANENT eligibility requirements imposed on * * * * * RESIDENT STATUS UNDER SECTION employers. (b) * * * 245A OF THE IMMIGRATION AND (2) Employment and travel NATIONALITY ACT Executive Order 12866 authorization prior to the granting of This rule is considered by the temporary resident status. Permission to 3. The authority citation for part 245a Department of Justice, Immigration and travel abroad and to accept employment continues to read as follows: Naturalization Service, to be a will be granted to the applicant after an Authority: 8 U.S.C. 1101, 1103, 1255a and ‘‘significant regulatory action’’ under interview has been conducted in 1255a note. Executive Order 12866, section 3(f), connection with a nonfrivolous 4. In § 245a.2 paragraph (n)(2) Regulatory Planning and Review, and application at a Service office. If an heading, and paragraphs (n)(2)(ii) and has been reviewed by the Office of interview appointment cannot be (n)(3) are revised to read as follows: Management and Budget (OMB). As scheduled within 30 days from the date noted in the supplementary section of an application is filed at a Service § 245a.2 Application for temporary this rule, this action is intended to office, authorization to accept residence. streamline and simplify compliance employment will be granted, valid until * * * * * Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46537

(n) * * * PART 274AÐCONTROL OF Temporary employment authorization (2) Employment authorization prior to EMPLOYMENT OF ALIENS granted prior to June 1, 1987, pursuant the granting of temporary resident to 8 CFR 274a.12(c) (§ 109.1(b) status. 7. The authority citation for part 274a contained in the 8 CFR edition revised continues to read as follows: * * * * * as of January 1, 1987), shall (ii) If an interview appointment Authority: 8 U.S.C. 1101, 1103, 1324a; 8 automatically terminate on the date cannot be scheduled within 30 days CFR part 2. specified by the Service on the from the date an application is filed at 8. Section 274a is amended by document issued to the alien, or on a Service office, authorization to accept revising paragraph (b)(1)(v)(A)(6) and December 31, 1996, whichever is earlier. employment will be granted, valid until removing and reserving paragraphs Automatic termination of temporary the scheduled appointment date. (b)(1)(v)(A)(7) and (b)(1)(v)(A)(10) to employment authorization does not Employment authorization, both prior read as follows: preclude a subsequent application for and subsequent to an interview, will be temporary employment authorization. restricted to increments of 1 year, § 274a.2 Verification of employment (2) A document issued by the Service pending final determination on the eligibility. prior to June 1, 1987, that authorized application for temporary resident * * * * * temporary employment authorization status. If a final determination has not (b) * * * for any period beyond December 31, been made prior to the expiration date (1) * * * 1996, is null and void pursuant to on the Employment Authorization (v) * * * paragraph (c)(1) of this section. The Document (Form I–766, Form I–688A or (A) * * * alien shall be issued a new employment Form I–688B), that date may be (6) An unexpired Employment authorization document upon extended upon return of the Authorization Document issued by the application to the Service if the alien is employment authorization document by Immigration and Naturalization Service eligible for temporary employment the applicant to the appropriate Service which contains a photograph, Form I– authorization pursuant to 274A.12(c). office. 766; Form I–688, Form I–688A, or Form * * * * * (3) Employment and travel I–688B; authorization upon grant of temporary (7) [Reserved] PART 299ÐIMMIGRATION FORMS resident status. Upon the granting of an * * * * * 11. The authority citation for part 299 application for adjustment to temporary (10) [Reserved] continues to read as follows: resident status, the service center will * * * * * Authority: 8 U.S.C. 1101, 1103; 8 CFR part forward a notice of approval to the 9. In § 274a.12, new paragraphs (c)(20) 2. applicant at his or her last known and (c)(22) are added, to read as follows: address and to his or her qualified 12. Section 299.1 is amended by designated entity or representative. The § 274a.12 Classes of aliens authorized to adding the entry for ‘‘Form I–766’’ in applicant may appear at any Service accept employment. proper numerical sequence to the listing office and, upon surrender of the * * * * * of forms, to read as follows: previously issued Employment (c) * * * § 299.1 Prescribed forms. Authorization Document, will be issued (20) Any alien who has filed a * * * * * Form I–688, Temporary Resident Card, completed legalization application authorizing employment and travel pursuant to section 210 of the Act (and Edition abroad. part 210 of this chapter). Employment Form No. date Title * * * * * authorization shall be granted in increments not exceeding 1 year during PART 264ÐREGISTRATION AND the period the application is pending ***** I±766 ...... 01±03±96 Employment Author- FINGERPRINTING OF ALIENS IN THE (including any period when an ization Document. UNITED STATES administrative appeal is pending) and shall expire on a specified date. 5. The authority citation for part 264 ***** continues to read as follows: * * * * * (22) Any alien who has filed a Dated: May 20, 1996. Authority: 8 U.S.C. 1103, 1201, 1201a, completed legalization application Doris Meissner, 1301–1305. pursuant to section 245A of the Act (and Commissioner, Immigration and 6. In § 264.1 paragraph (b) is amended part 245a of this chapter). Employment Naturalization Service. by adding the entries for ‘‘Form I–766’’ authorization shall be granted in [FR Doc. 96–22426 Filed 9–3–96; 8:45 am] and ‘‘Form I–688B’’ to the listing of increments not exceeding 1 year during BILLING CODE 4410±10±M forms, in proper numerical sequence, to the period the application is pending read as follows: (including any period when an administrative appeal is pending) and NUCLEAR REGULATORY § 264.1 Registration and fingerprinting. shall expire on a specified date. COMMISSION * * * * * * * * * * (b) * * * 10. In 274a.14 paragraphs (c)(1) and 10 CFR Chapter I (c)(2) are revised to read as follows: Form No. and Class Issuance of Report on the NRC * * * * * § 274a.14 Termination of employment Regulatory Agenda I–688B, Employment Authorization authorization. AGENCY: Nuclear Regulatory Document. * * * * * Commission. I–766, Employment Authorization (c) Automatic termination of Document. ACTION: Issuance of NRC Regulatory temporary employment authorization Agenda. * * * * * granted prior to June 1, 1987—(1) 46538 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations

SUMMARY: The Nuclear Regulatory DEPARTMENT OF TRANSPORTATION Register on January 22, 1996 (61 FR Commission (NRC) has issued the NRC 1532). The action proposed to require Regulatory Agenda for the period Federal Aviation Administration repetitively inspecting, testing, and covering January through June of 1996. possibly replacing the nose landing gear 14 CFR Part 39 This agenda provides the public with (NLG) strut and brackets. information about NRC’s rulemaking [Docket No. 95±CE±54±AD; Amendment 39± Accomplishment of the proposed action activities. The NRC Regulatory Agenda 9731; AD 96±18±07] would be in accordance with Bellanca Service Letter (SL) B–107, dated is a compilation of all rules on which RIN 2120±AA64 the NRC has recently completed action, September 20, 1995. Interested persons have been afforded or has proposed action, or is considering Airworthiness Directives; Bellanca, Incorporated Models 17±30, 17±30A, an opportunity to participate in the action, and of all petitions for making of this amendment. No rulemaking that the NRC has received 17±31, 17±31A, 17±31TC, and 17± 31ATC Airplanes comments were received on the that are pending disposition. Issuance of proposed rule or the FAA’s this publication is consistent with AGENCY: Federal Aviation determination of the cost to the public. Section 610 of the Regulatory Flexibility Administration, DOT. After careful review of all available Act. ACTION: Final rule. information related to the subject presented above, the FAA has ADDRESSES: A copy of this report, SUMMARY: This amendment adopts a determined that air safety and the designated NRC Regulatory Agenda new airworthiness directive (AD) that public interest require the adoption of (NUREG–0936), Vol. 15, No. 1, is applies to Bellanca, Incorporated the rule proposed except for minor available for inspection, and copying for (Bellanca) Models 17–30, 17–30A, 17– editorial corrections. The FAA has a fee, at the Nuclear Regulatory 31, 17–31A, 17–31TC, and 17–31ATC determined that these minor corrections Commission’s Public Document Room, airplanes. This action requires will not change the meaning of the AD 2120 L Street, NW. (Lower Level), repetitively inspecting, testing, and and will not add any additional burden Washington, DC. possibly replacing the nose landing gear upon the public than was already In addition, the U.S. Government (NLG) strut and brackets. A collapse of proposed. Printing Office (GPO) sells the NRC a Bellanca airplane’s NLG during a The FAA estimates that 1,109 Regulatory Agenda. To purchase it, a landing prompted this action. The airplanes in the U.S. registry will be customer may call (202) 512–2249 or actions specified by this AD are affected by this AD, that it will take write to the Superintendent of intended to prevent possible failure of approximately 24 workhours per Documents, U.S. Government Printing the nose landing gear, which, if not airplane to accomplish the required action, and that the average labor rate is Office, Post Office Box 37082, detected and corrected, could result in approximately $60 an hour. Parts cost Washington, DC 20013–7082. loss of control of the airplane during landing operations. approximately $160 per airplane. Based FOR FURTHER INFORMATION CONTACT: DATES: Effective October 25, 1996. on these figures, the total cost impact of Michael T. Lesar, Chief, Rules Review The incorporation by reference of the AD on U.S. operators is estimated to Section, Rules Review and Directives certain publications listed in the be $1,774,400 or approximately $1,600 Branch, Division of Freedom of regulations is approved by the Director per airplane. Bellanca has informed the Information and Publications Services, of the Federal Register as of October 25, FAA that no parts have been distributed Office of Administration, U.S. Nuclear 1996. to owners/operators for this replacement; therefore, this figure is Regulatory Commission, Washington, ADDRESSES: Service information that based on the assumption that no DC 20555–0001, Telephone: (301) 415– applies to this AD may be obtained from owners/operators have accomplished 7163, toll-free number (800) 368–5642. Bellanca, Incorporated, P.O. Box 964, the proposed inspection, testing, and Alexandria, Minnesota 56308; telephone Dated at Rockville, Maryland, this 28th day replacement. In addition, the FAA has (612) 762–1501. This information may of August 1996. For the Nuclear Regulatory no way of determining the number of also be examined at the Federal Commission. repetitive inspections each owner/ Aviation Administration (FAA), Central Michael T. Lesar, operator will incur prior to replacing the Region, Office of the Assistant Chief Chief, Rules Review Section, Rules Review bracket. Counsel, Attention: Rules Docket 95– The regulations adopted herein will and Directives Branch, Division of Freedom CE–54–AD, Room 1558, 601 E. 12th of Information and Publications Services, not have substantial direct effects on the Street, Kansas City, Missouri 64106; or Office of Administration. States, on the relationship between the at the Office of the Federal Register, 800 national government and the States, or [FR Doc. 96–22508 Filed 9–3–96; 8:45 am] North Capitol Street, NW., suite 700, BILLING CODE 7590±01±P on the distribution of power and Washington, DC. responsibilities among the various FOR FURTHER INFORMATION CONTACT: levels of government. Therefore, in Steven J. Rosenfeld, Aerospace accordance with Executive Order 12612, Engineer, Chicago Aircraft Certification it is determined that this final rule does Office, 2300 East Devon Avenue, Rm. not have sufficient federalism 232, Des Plaines, Illinois 60018; (847) implications to warrant the preparation 294–7030; facsimile (847) 294–7834. of a Federalism Assessment. SUPPLEMENTARY INFORMATION: A For the reasons discussed above, I proposal to amend part 39 of the Federal certify that this action (1) is not a Aviation Regulations (14 CFR part 39) to ‘‘significant regulatory action’’ under include an AD that would apply to Executive Order 12866; (2) is not a Bellanca Models 17–30, 17–30A, 17–31, ‘‘significant rule’’ under DOT 17–31A, 17–31TC, and 17–31ATC Regulatory Policies and Procedures (44 airplanes was published in the Federal FR 11034, February 26, 1979); and (3) Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46539 will not have a significant economic this AD; and, if the unsafe condition has not N 194650–0 (right side) bracket eliminates impact, positive or negative, on a been eliminated, the request should include the repetitive inspection requirement in substantial number of small entities specific proposed actions to address it. paragraph (d)(1) of this AD. under the criteria of the Regulatory Compliance: Required initially upon (3) The P/N 194650–0 (right side) bracket Flexibility Act. A copy of the final accumulating 500 hours time-in-service (TIS) may be installed at any time to eliminate the evaluation prepared for this action is or within the next 50 hours TIS after the repetitive inspection requirement of this AD. effective date of this AD, whichever occurs contained in the Rules Docket. A copy (e) Check the NLG retraction (NLG-In-The- later, unless already accomplished, and Well Test) in accordance with the of it may be obtained by contacting the thereafter as indicated in the body of this AD. instructions in Section 10, NLG–IN–THE– Rules Docket at the location provided To prevent failure of the nose landing gear WELL TEST AND NLG CYLINDER under the caption ADDRESSES. (NLG), which, if not detected and corrected, MODIFICATION, of Bellanca SL B–107, List of Subjects in 14 CFR Part 39 could result in loss of control of the airplane during landing operations, accomplish the dated September 20, 1995. If the nose gear Air transportation, Aircraft, Aviation following: cylinder rod motion is greater than 0.015 safety, Incorporation by reference, (a) Inspect the NLG drag strut brackets for inches, prior to further flight, replace the Safety. cracks or bends in accordance with the cylinder internal stroke limiting sleeve with instructions in section 4, NLG DRAG STRUT a new sleeve, P/N 195577–4, in accordance Adoption of the Amendment BRACKET INSPECTION, of Bellanca Service with the instructions in Section 10, NLG–IN– Accordingly, pursuant to the Letter (SL) B–107, dated September 20, 1995. THE–WELL TEST AND NLG CYLINDER authority delegated to me by the Prior to further flight, replace any cracked or MODIFICATION, of Bellanca SL B–107, bent bracket with a part number (P/N) Administrator, the Federal Aviation dated September 20, 1995. 194650–0 (right side) bracket or a P/N (f) Special flight permits may be issued in Administration amends part 39 of the 194383–0 (left side) bracket in accordance accordance with sections 21.197 and 21.199 Federal Aviation Regulations (14 CFR with the instructions in section 5, of the Federal Aviation Regulations (14 CFR part 39) as follows: INSTALLATION NEW BRACKETS, of Bellanca SL B–107, dated September 20, 21.197 and 21.199) to operate the airplane to PART 39ÐAIRWORTHINESS 1995. a location where the requirements of this AD DIRECTIVES (b) Inspect the NLG installation, including can be accomplished. the upper and lower leg assemblies, upper (g) An alternative method of compliance or 1. The authority citation for part 39 and lower drag struts, over-center spring adjustment of the initial or repetitive continues to read as follows: assembly, and engine mount for corroded or compliance times that provides an equivalent Authority: 49 U.S.C. 106(g), 40113, 44701. worn bolts in accordance with the level of safety may be approved by the instructions in Section 6, NLG DRAG STRUT Manager, Chicago Aircraft Certification § 39.13 [Amended] INSPECTION, of Bellanca SL B–107, dated Office, 2300 East Devon Avenue, Rm. 232, 2. Section 39.13 is amended by September 20, 1995. Prior to further flight, Des Plaines, Illinois 60018. The request shall adding a new airworthiness directive replace any corroded or worn bolts. be forwarded through an appropriate FAA (c) Check the NLG drag strut rigging, the (AD) to read as follows: Maintenance Inspector, who may add overcenter of the drag strut, and the NLG comments and then send it to the Manager, 96–18–07. Bellanca, Incorporated: cylinder actuator stroke limit, and adjust any Amendment 39–9731; Docket No. 95– discrepancies in accordance with the Chicago Aircraft Certification Office. CE–54–AD. applicable instructions contained in the Note 2: Information concerning the Applicability: The following airplane following: existence of approved alternative methods of models and serial numbers, certificated in (1) Section 7, PRELIMINARY NLG DRAG compliance with this AD, if any, may be any category: STRUT RIGGING CHECK (including section obtained from the Chicago Aircraft 7.1, Preliminary Nose-Wheel-In-The-Well Certification Office. Test, and section 7.2, Preliminary NLG Model Serial Nos. (h) The inspections, modifications, and Cylinder Down Test), of Bellanca SL B–107, replacements required by this AD shall be 17±30 ...... (30123 through dated September 20, 1995. 30262) (2) Section 8, DRAG STRUT OVERCENTER done in accordance of Bellanca Service Letter 17±30A ...... (30263 through 78± TEST AND ADJUSTMENT, of Bellanca SL B– B–107, dated September 20, 1995. This 30905, except 76± 107, dated September 20, 1995. incorporation by reference was approved by 30824) (3) Section 9, NLG CYLINDER DOWN the Director of the Federal Register in 17±31 ...... (32±1 through 32±14) TEST AND ADJUSTMENT, of Bellanca SL B– accordance with 5 U.S.C. 552(a) and 1 CFR 17±31A ...... (32±15 through 78± 107, dated September 20, 1995. part 51. Copies may be obtained from 32172) (d) If any discrepancies are found during Bellanca, Incorporated, P.O. Box 964, 17±31TC ...... (31001 through any of the checks accomplished as required Alexandria, Minnesota 56308; telephone 31003) by paragraph (c) of this AD, and the right side (612) 762–1501. Copies may be inspected at 17±31ATC ...... (31004 through 79± NLG drag strut bracket has not been replaced the FAA, Central Region, Office of the 31155) with P/N 194650–0 (accomplished as Assistant Chief Counsel, Room 1558, 601 E. possible requirement of paragraph (a) of this 12th Street, Kansas City, Missouri, or at the Note 1: This AD applies to each airplane AD), accomplish the following: Office of the Federal Register, 800 North identified in the preceding applicability (1) Reinspect the NLG drag strut brackets Capitol Street, NW., suite 700, Washington, provision, regardless of whether it has been for cracks or bends at intervals not to exceed DC. modified, altered, or repaired in the area 50 hours TIS in accordance with Section 4, subject to the requirements of this AD. For NLG DRAG STRUT BRACKET INSPECTION, (i) This amendment (39–9731) becomes airplanes that have been modified, altered, or of Bellanca SL B–107, dated September 20, effective on October 25, 1996. repaired so that the performance of the 1995. Issued in Kansas City, Missouri, on August requirements of this AD is affected, the (2) Prior to further flight, replace any 23, 1996. owner/operator must request approval for an cracked or bent bracket with a P/N 194650– Michael Gallagher, alternative method of compliance in 0 (right side) bracket or a P/N 194383–0 (left Manager, Small Airplane Directorate, Aircraft accordance with paragraph (g) of this AD. side) bracket in accordance with the Certification Service. The request should include an assessment of instructions in section 5, INSTALLATION the effect of the modification, alteration, or NEW BRACKETS, of Bellanca SL B–107, [FR Doc. 96–22247 Filed 9–3–96; 8:45 am] repair on the unsafe condition addressed by dated September 20, 1995. Installing the P/ BILLING CODE 4910±13±U 46540 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations

14 CFR Part 39 April 29, 1996 (61 FR 18709). That impact, positive or negative, on a action proposed to require a one-time substantial number of small entities [Docket No. 95±NM±237±AD; Amendment inspection to detect damage to the under the criteria of the Regulatory 39±9736; AD 96±18±12] electrical wiring and to verify if the Flexibility Act. A final evaluation has RIN 2120±AA64 proper P-clip is installed in the been prepared for this action and it is electrical wiring at outboard rib 6 in the contained in the Rules Docket. A copy Airworthiness Directives; Airbus Model inner cell of the fuel tank of the wings. of it may be obtained from the Rules A320 Series Airplanes That action also proposed to require re- Docket at the location provided under fitting proper P-clips, replacing the caption ADDRESSES. AGENCY: Federal Aviation improper P-clips with certain new fuel- Administration, DOT. List of Subjects in 14 CFR Part 39 resistant P-clips, and repairing damaged ACTION: Final rule. electrical wiring. Air transportation, Aircraft, Aviation Interested persons have been afforded SUMMARY: This amendment adopts a safety, Incorporation by reference, an opportunity to participate in the new airworthiness directive (AD), Safety. making of this amendment. Due applicable to certain Airbus Model consideration has been given to the Adoption of the Amendment A320 series airplanes, that requires an three comments received. inspection to detect damage to the Accordingly, pursuant to the All commenters support the proposed authority delegated to me by the electrical wiring of the fuel tank of the rule. wings and to verify if the proper P-clip Administrator, the Federal Aviation is installed in the electrical wiring. This Conclusion Administration amends part 39 of the amendment also requires re-fitting any Federal Aviation Regulations (14 CFR After careful review of the available part 39) as follows: proper P-clip, replacing any improper data, including the comments noted P-clip with a new P-clip, and repairing above, the FAA has determined that air PART 39ÐAIRWORTHINESS damaged electrical wiring. This safety and the public interest require the DIRECTIVES amendment is prompted by a report that adoption of the rule as proposed. incorrect P-clips were found installed in 1. The authority citation for part 39 Cost Impact the electrical wiring of the fuel system continues to read as follows: on these airplanes. The actions specified The FAA estimates that 44 Airbus Authority: 49 U.S.C. 106(g), 40113, 44701. by this AD are intended to ensure that Model A320 series airplanes of U.S. the proper P-clips are installed. registry will be affected by this AD, that § 39.13 [Amended] Improper P-clips could fail to it will take approximately 3 work hours 2. Section 39.13 is amended by adequately safeguard the fuel tank of the per airplane to accomplish the required adding the following new airworthiness wing against a lightning strike, which actions, and that the average labor rate directive: could result in electrical arcing and is $60 per work hour. Required parts resultant fire. will cost approximately $100 per 96–18–12 Airbus Industrie: Amendment 39–9736. Docket 95–NM–237–AD. DATES: Effective October 9, 1996. airplane. Based on these figures, the cost The incorporation by reference of impact of the AD on U.S. operators is Applicability: Model A320 series airplanes, estimated to be $12,320, or $280 per manufacturer’s serial numbers 129 through certain publications listed in the 343 inclusive, 345 through 347 inclusive, and regulations is approved by the Director airplane. 349 through 363 inclusive; certificated in any of the Federal Register as of October 9, The cost impact figure discussed category. above is based on assumptions that no 1996. Note 1: This AD applies to each airplane ADDRESSES: The service information operator has yet accomplished any of identified in the preceding applicability referenced in this AD may be obtained the requirements of this AD action, and provision, regardless of whether it has been from Airbus Industrie, 1 Rond Point that no operator would accomplish modified, altered, or repaired in the area Maurice Bellonte, 31707 Blagnac Cedex, those actions in the future if this AD subject to the requirements of this AD. For France. This information may be were not adopted. airplanes that have been modified, altered, or repaired so that the performance of the examined at the Federal Aviation Regulatory Impact requirements of this AD is affected, the Administration (FAA), Transport The regulations adopted herein will owner/operator must request approval for an Airplane Directorate, Rules Docket, not have substantial direct effects on the alternative method of compliance in 1601 Lind Avenue, SW., Renton, States, on the relationship between the accordance with paragraph (b) of this AD. Washington; or at the Office of the The request should include an assessment of national government and the States, or Federal Register, 800 North Capitol the effect of the modification, alteration, or on the distribution of power and Street, NW., suite 700, Washington, DC. repair on the unsafe condition addressed by responsibilities among the various this AD; and, if the unsafe condition has not FOR FURTHER INFORMATION CONTACT: levels of government. Therefore, in been eliminated, the request should include Charles Huber, Aerospace Engineer, accordance with Executive Order 12612, specific proposed actions to address it. Standardization Branch, ANM–113, it is determined that this final rule does Compliance: Required as indicated, unless FAA, Transport Airplane Directorate, not have sufficient federalism accomplished previously. 1601 Lind Avenue, SW., Renton, implications to warrant the preparation To ensure that the proper P-clips are Washington 98055–4056; telephone of a Federalism Assessment. installed, accomplish the following: (206) 227–2589; fax (206) 227–1149. For the reasons discussed above, I (a) Within 6 months after the effective date SUPPLEMENTARY INFORMATION: A certify that this action (1) is not a of this AD, perform a one-time inspection to proposal to amend part 39 of the Federal ‘‘significant regulatory action’’ under detect damage to the electrical wiring and to verify if the proper P-clip is installed in the Aviation Regulations (14 CFR part 39) to Executive Order 12866; (2) is not a electrical wiring at outboard rib 6 in the include an airworthiness directive (AD) ‘‘significant rule’’ under DOT inner cell of the fuel tank of the wings, in that is applicable to certain Airbus Regulatory Policies and Procedures (44 accordance with Airbus Service Bulletin Model A320 series airplanes was FR 11034, February 26, 1979); and (3) A320–28–1052, Revision 2, dated September published in the Federal Register on will not have a significant economic 8, 1994. Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46541

Note 2: Accomplishment of the actions 14 CFR Part 39 Model A300–600 and A310 series specified in this paragraph in accordance airplanes was published in the Federal with Airbus Service Bulletin A320–28–1052, [Docket No. 95±NM±175±AD; Amendment Register on April 29, 1996 (61 FR 39±9734; AD 96±18±10] Revision 1, dated July 7, 1993, prior to the 18699). That action proposed to require effective date of this AD is considered RIN 2120±AA64 a one-time inspection to detect defects acceptable for compliance with this paragraph. of the DPV. If a defective DPV is Airworthiness Directives; Airbus Model detected, it will be required to be (1) If any damage is detected to the wiring, A300±600 and A310 Series Airplanes replaced with a new DPV, or the thrust prior to further flight, repair it in accordance Equipped With General Electric Model with the Airplane Wiring Manual. reverser system will be required to be (2) If a P-clip having P/N NSA5515–03NF CF6±80 Engines deactivated until the DPV is replaced. or NSA5516–03NV is installed, prior to Interested persons have been afforded AGENCY: Federal Aviation further flight, re-fit it in accordance with the an opportunity to participate in the Administration, DOT. service bulletin. making of this amendment. Due (3) If a P-clip having P/N NSA5516–03NJ ACTION: Final rule. consideration has been given to the two is installed, prior to further flight, replace it comments received. SUMMARY: with a new fuel-resistant P-clip having P/N This amendment adopts a Both commenters support the NSA5515–03NF or NSA5516–03NV, in new airworthiness directive (AD), proposed rule. accordance with the service bulletin. applicable to certain Airbus Model (b) An alternative method of compliance or A300–600 and A310 series airplanes, Conclusion adjustment of the compliance time that that requires an inspection to detect provides an acceptable level of safety may be After careful review of the available defects of the directional pilot valves data, including the comments noted used if approved by the Manager, (DPV); and replacement of any defective Standardization Branch, ANM–113, FAA, above, the FAA has determined that air Transport Airplane Directorate. Operators DPV with a new DPV, or deactivation of safety and the public interest require the shall submit their requests through an the thrust reverser system, if necessary. adoption of the rule as proposed. appropriate FAA Principal Maintenance This amendment is prompted by a Inspector, who may add comments and then report indicating that, during a Cost Impact send it to the Manager, Standardization maintenance check, an uncommanded The FAA estimates that 43 Airbus Branch, ANM–113. deployment and stowage of the thrust Model A300–600 and A310 series Note 3: Information concerning the reverser occurred due to improperly airplanes of U.S. registry will be affected existence of approved alternative methods of modified DPV’s. The actions specified by this AD, that it will take compliance with this AD, if any, may be by this AD are intended to prevent approximately 10 work hours per obtained from the Standardization Branch, uncommanded deployment and stowage airplane to accomplish the required one- ANM–113. of the thrust reverser during time inspection, and that the average (c) Special flight permits may be issued in maintenance activities, as a result of labor rate is $60 per work hour. Based accordance with sections 21.197 and 21.199 improperly modified DPV’s, which of the Federal Aviation Regulations (14 CFR on these figures, the cost impact of the 21.197 and 21.199) to operate the airplane to could result in injury to maintenance AD on U.S. operators is estimated to be a location where the requirements of this AD personnel or other people on the $25,800, or $600 per airplane. can be accomplished. ground. The cost impact figure discussed (d) The actions shall be done in accordance DATES: Effective October 9, 1996. above is based on assumptions that no with Airbus Service Bulletin A320–28–1052, The incorporation by reference of operator has yet accomplished any of Revision 2, dated September 8, 1994, which certain publications listed in the the requirements of this AD action, and contains the following list of effective pages: regulations is approved by the Director that no operator would accomplish of the Federal Register as of October 9, those actions in the future if this AD Revision level Page 1996. were not adopted. No. shown on Date shown on page page ADDRESSES: The service information Regulatory Impact referenced in this AD may be obtained The regulations adopted herein will 1±5 ... 2 ...... September 8, 1994. from Airbus Industrie, 1 Rond Point 6±9 ... Original ...... July 7, 1993. not have substantial direct effects on the Maurice Bellonte, 31707 Blagnac Cedex, States, on the relationship between the France. This information may be This incorporation by reference was national government and the States, or examined at the Federal Aviation approved by the Director of the Federal on the distribution of power and Administration (FAA), Transport Register in accordance with 5 U.S.C. 552(a) responsibilities among the various Airplane Directorate, Rules Docket, and 1 CFR part 51. Copies may be obtained levels of government. Therefore, in from Airbus Industrie, 1 Rond Point Maurice 1601 Lind Avenue, SW., Renton, accordance with Executive Order 12612, Bellonte, 31707 Blagnac Cedex, France. Washington; or at the Office of the it is determined that this final rule does Copies may be inspected at the FAA, Federal Register, 800 North Capitol not have sufficient federalism Transport Airplane Directorate, 1601 Lind Street, NW., suite 700, Washington, DC. Avenue, SW., Renton, Washington; or at the implications to warrant the preparation Office of the Federal Register, 800 North FOR FURTHER INFORMATION CONTACT: of a Federalism Assessment. Capitol Street, NW., suite 700, Washington, Charles Huber, Aerospace Engineer, For the reasons discussed above, I DC. Standardization Branch, ANM–113, certify that this action (1) is not a (e) This amendment becomes effective on FAA, Transport Airplane Directorate, ‘‘significant regulatory action’’ under October 9, 1996. 1601 Lind Avenue, SW., Renton, Executive Order 12866; (2) is not a Issued in Renton, Washington, on August Washington 98055–4056; telephone ‘‘significant rule’’ under DOT 26, 1996. (206) 227–2589; fax (206) 227–1149. Regulatory Policies and Procedures (44 Darrell M. Pederson, SUPPLEMENTARY INFORMATION: A FR 11034, February 26, 1979); and (3) Acting Manager, Transport Airplane proposal to amend part 39 of the Federal will not have a significant economic Directorate, Aircraft Certification Service. Aviation Regulations (14 CFR part 39) to impact, positive or negative, on a [FR Doc. 96–22263 Filed 9–3–96; 8:45 am] include an airworthiness directive (AD) substantial number of small entities BILLING CODE 4910±13±U that is applicable to certain Airbus under the criteria of the Regulatory 46542 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations

Flexibility Act. A final evaluation has a new DPV in accordance with the AOT; or airplanes, that requires modification of been prepared for this action and it is deactivate the thrust reverser system in the TKS metering pump in the airframe contained in the Rules Docket. A copy accordance with approved procedures of the ice protection system. This amendment of it may be obtained from the Rules Minimum Equipment List (MEL) until the is prompted by a report that the pump DPV is replaced. Docket at the location provided under (b) An alternative method of compliance or was found fitted with silver plated the caption ADDRESSES. adjustment of the compliance time that wiring. The actions specified by this AD are intended to ensure that silver plated List of Subjects in 14 CFR Part 39 provides an acceptable level of safety may be used if approved by the Manager, wiring is removed from these pumps; Air transportation, Aircraft, Aviation Standardization Branch, ANM–113, FAA, silver plated wiring carrying a direct safety, Incorporation by reference, Transport Airplane Directorate. Operators current can ignite the ice protection Safety. shall submit their requests through an fluid (glycol) when exposed to it, which appropriate FAA Principal Maintenance could result in a possible fire hazard. Adoption of the Amendment Inspector, who may add comments and then DATES: Effective October 9, 1996. Accordingly, pursuant to the send it to the Manager, Standardization The incorporation by reference of authority delegated to me by the Branch, ANM–113. certain publications listed in the Administrator, the Federal Aviation Note 2: Information concerning the regulations is approved by the Director Administration amends part 39 of the existence of approved alternative methods of of the Federal Register as of October 9, Federal Aviation Regulations (14 CFR compliance with this AD, if any, may be 1996. part 39) as follows: obtained from the Standardization Branch, ANM–113. ADDRESSES: The service information PART 39ÐAIRWORTHINESS (c) Special flight permits may be issued in referenced in this AD may be obtained DIRECTIVES accordance with sections 21.197 and 21.199 from Raytheon Aircraft Company, of the Federal Aviation Regulations (14 CFR Manager Service Engineering, Hawker 1. The authority citation for part 39 21.197 and 21.199) to operate the airplane to Customer Support Department, P.O. Box continues to read as follows: a location where the requirements of this AD 85, Wichita, Kansas 67201–0085. This can be accomplished. Authority: 49 U.S.C. 106(g), 40113, 44701. (d) The inspection and replacement shall information may be examined at the Federal Aviation Administration (FAA), § 39.13 [Amended] be done in accordance with Airbus All Operators Telex (AOT) 78–05, Revision 01, Transport Airplane Directorate, Rules 2. Section 39.13 is amended by February 8, 1995. This incorporation by Docket, 1601 Lind Avenue, SW., adding the following new airworthiness reference was approved by the Director of the Renton, Washington; or at the Office of directive: Federal Register in accordance with 5 U.S.C. the Federal Register, 800 North Capitol 96–18–10 Airbus Industrie: Amendment 552(a) and 1 CFR part 51. Copies may be Street, NW., suite 700, Washington, DC. obtained from Airbus Industrie, 1 Rond Point 39–9734. Docket 95–NM–175–AD. FOR FURTHER INFORMATION CONTACT: Tim Maurice Bellonte, 31707 Blagnac Cedex, Applicability: Model A300B4–601, –603, Backman, Aerospace Engineer, –605R, A300–F4–605R, and A310–203, France. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Standardization Branch, ANM–113, –203C, –204, –304, –308 series airplanes, FAA, Transport Airplane Directorate, equipped with General Electric Model CF6– Avenue, SW., Renton, Washington; or at the 80 engines; on which General Electric Office of the Federal Register, 800 North 1601 Lind Avenue, SW., Renton, Service Bulletin 78–031 has been Capitol Street, NW., suite 700, Washington, Washington 98055–4056; telephone accomplished; certificated in any category. DC. (206) 227–2797; fax (206) 227–1149. (e) This amendment becomes effective on Note 1: This AD applies to each airplane SUPPLEMENTARY INFORMATION: A October 9, 1996. identified in the preceding applicability proposal to amend part 39 of the Federal provision, regardless of whether it has been Issued in Renton, Washington, on August Aviation Regulations (14 CFR part 39) to otherwise modified, altered, or repaired in 26, 1996. include an airworthiness directive (AD) the area subject to the requirements of this Darrell M. Pederson, that is applicable to certain Beech AD. For airplanes that have been modified, Acting Manager, Transport Airplane (Raytheon) Model BAe 125–800A and altered, or repaired so that the performance Directorate, Aircraft Certification Service. of the requirements of this AD is affected, the –1000A, and Model Hawker 800 and [FR Doc. 96–22260 Filed 9–3–96; 8:45 am] owner/operator must request approval for an 1000 series airplanes was published in alternative method of compliance in BILLING CODE 4910±13±U the Federal Register on May 13, 1996 accordance with paragraph (b) of this AD. (61 FR 21979). That action proposed to The request should include an assessment of require modification of the TKS the effect of the modification, alteration, or 14 CFR Part 39 metering pump in the airframe ice repair on the unsafe condition addressed by [Docket No. 95±NM±165±AD; Amendment protection system. this AD; and, if the unsafe condition has not 39±9733; AD 96±18±09] Interested persons have been afforded been eliminated, the request should include an opportunity to participate in the specific proposed actions to address it. RIN 2120±AA64 making of this amendment. No Compliance: Required as indicated, unless accomplished previously. Airworthiness Directives; Beech comments were submitted in response To prevent uncommanded deployment and (Raytheon) Model BAe 125±800A and to the proposal or the FAA’s stowage of the thrust reverser during ±1000A, and Model Hawker 800 and determination of the cost to the public. maintenance activities, accomplish the 1000 Series Airplanes The FAA has determined that air safety following: and the public interest require the (a) Within 600 flight hours after the AGENCY: Federal Aviation adoption of the rule as proposed. effective date of this AD, perform an Administration, DOT. inspection to detect defects of the directional Cost Impact ACTION: Final rule. pilot valves (DPV), in accordance with The FAA estimates that 23 airplanes Airbus All Operators Telex (AOT) 78–05, SUMMARY: This amendment adopts a of U.S. registry will be affected by this Revision 01, February 8, 1995. (1) If no defects are detected, no further new airworthiness directive (AD), AD, that it will take approximately 1 action is required by this AD. applicable to certain Beech (Raytheon) work hour per airplane to accomplish (2) If any defect is detected, prior to further Model BAe 125–800A and –1000A, and the required actions, and that the flight, either replace the defective DPV with Model Hawker 800 and 1000 series average labor rate is $60 per work hour. Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46543

Based on these figures, the cost impact § 39.13 [Amended] Inspector, who may add comments and then of the AD on U.S. operators is estimated 2. Section 39.13 is amended by send it to the Manager, Standardization to be $1,380, or $60 per airplane. adding the following new airworthiness Branch, ANM–113. directive: Note 3: Information concerning the The cost impact figure discussed existence of approved alternative methods of above is based on assumptions that no 96–18–09 Beech Aircraft Company compliance with this AD, if any, may be operator has yet accomplished any of (Formerly DeHavilland; Hawker obtained from the Standardization Branch, the requirements of this AD action, and Siddeley; British Aerospace, PLC; ANM–113. Raytheon Corporate Jets, Inc.): (d) Special flight permits may be issued in that no operator would accomplish Amendment 39–9733. Docket 95–NM– those actions in the future if this AD accordance with sections 21.197 and 21.199 165–AD. of the Federal Aviation Regulations (14 CFR were not adopted. Applicability: Model BAe 125–800A and 21.197 and 21.199) to operate the airplane to Regulatory Impact –1000A, and Model Hawker 800 and 1000 a location where the requirements of this AD series airplanes; on which Modification can be accomplished. The regulations adopted herein will 257676A has not been accomplished (e) The modification shall be done in (reference Hawker Service Bulletin SB.30– accordance with Hawker Service Bulletin not have substantial direct effects on the 61–7676A or Aerospace Systems and SB.30–61–7676A, dated February 15, 1995. States, on the relationship between the Technology Service Bulletin S.B.30–25); (NOTE: The issue date of this service bulletin national government and the States, or certificated in any category. is indicated only on Page 1; no other page of on the distribution of power and Note 1: This AD applies to each airplane the document is dated.) This incorporation responsibilities among the various identified in the preceding applicability by reference was approved by the Director of levels of government. Therefore, in provision, regardless of whether it has been the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may accordance with Executive Order 12612, otherwise modified, altered, or repaired in the area subject to the requirements of this be obtained from Raytheon Aircraft it is determined that this final rule does AD. For airplanes that have been modified, Company, Manager Service Engineering, not have sufficient federalism altered, or repaired so that the performance Hawker Customer Support Department, P.O. implications to warrant the preparation of the requirements of this AD is affected, the Box 85, Wichita, Kansas 67201–0085. Copies of a Federalism Assessment. owner/operator must request approval for an may be inspected at the FAA, Transport alternative method of compliance in Airplane Directorate, 1601 Lind Avenue, For the reasons discussed above, I accordance with paragraph (c) of this AD. SW., Renton, Washington; or at the Office of certify that this action (1) is not a The request should include an assessment of the Federal Register, 800 North Capitol ‘‘significant regulatory action’’ under the effect of the modification, alteration, or Street, NW., suite 700, Washington, DC. Executive Order 12866; (2) is not a repair on the unsafe condition addressed by (f) This amendment becomes effective on October 9, 1996. ‘‘significant rule’’ under DOT this AD; and, if the unsafe condition has not Regulatory Policies and Procedures (44 been eliminated, the request should include Issued in Renton, Washington, on August specific proposed actions to address it. 26, 1996. FR 11034, February 26, 1979); and (3) Note 2: Beech (Raytheon) Model BAe 125– Darrell M. Pederson, will not have a significant economic 800B and BAe 125–1000B series airplanes are Acting Manager, Transport Airplane impact, positive or negative, on a similar in design to the airplanes that are Directorate, Aircraft Certification Service. substantial number of small entities subject to the requirements of this AD and, [FR Doc. 96–22261 Filed 9–3–96; 8:45 am] under the criteria of the Regulatory therefore, also may be subject to the unsafe BILLING CODE 4910±13±U Flexibility Act. A final evaluation has condition addressed by this AD. However, as of the effective date of this AD, those models been prepared for this action and it is are not type certificated for operation in the contained in the Rules Docket. A copy United States. Airworthiness authorities of DEPARTMENT OF HEALTH AND of it may be obtained from the Rules countries in which the Model BAe 125–800B HUMAN SERVICES Docket at the location provided under and BAe 125–1000B series airplanes are the caption ADDRESSES. approved for operation should consider Food and Drug Administration adopting corrective action, applicable to List of Subjects in 14 CFR Part 39 those models, that is similar to the corrective 21 CFR Part 177 action required by this AD. Air transportation, Aircraft, Aviation Compliance: Required as indicated, unless [Docket No. 95F±0402] safety, Incorporation by reference, accomplished previously. Safety. To ensure that silver plated wiring is Indirect Food Additives: Polymers removed from the TKS metering pump and AGENCY: Adoption of the Amendment a possible fire hazard eliminated, accomplish Food and Drug Administration, the following: HHS. Accordingly, pursuant to the (a) Within 3 months after the effective date ACTION: Final rule. authority delegated to me by the of this AD, modify the TKS metering pump Administrator, the Federal Aviation in the airframe ice protection system in SUMMARY: The Food and Drug Administration amends part 39 of the accordance with Hawker Service Bulletin Administration (FDA) is amending the Federal Aviation Regulations (14 CFR SB.30–61–7676A, dated February 15, 1995. food additive regulations to provide for (b) As of the effective date of this AD, no part 39) as follows: the safe use of di(4-methylbenzoyl) person shall install on any airplane a TKS peroxide as an accelerator for silicone metering pump, having part number PART 39ÐAIRWORTHINESS XA9511E003–3 or XA9511E009, unless it has polymers and elastomers for use in DIRECTIVES been modified in accordance with the contact with food. This action is in requirements of paragraph (a) of this AD. response to a petition filed by 1. The authority citation for part 39 (c) An alternative method of compliance or Registration and Consulting Co., Ltd., on continues to read as follows: adjustment of the compliance time that behalf of Peroxid-Chemie GmbH. provides an acceptable level of safety may be DATES: Authority: 49 U.S.C. 106(g), 40113, 44701. Effective September 4, 1996; used if approved by the Manager, written objections and requests for a Standardization Branch, ANM–113, FAA, Transport Airplane Directorate. Operators hearing by October 4, 1996. shall submit their requests through an ADDRESSES: Submit written objections to appropriate FAA Principal Maintenance the Dockets Management Branch (HFA– 46544 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations

305), Food and Drug Administration, separately numbered, and each exceed 1.5 percent by weight of rubber 12420 Parklawn Dr., rm. 1–23, numbered objection shall specify with product. Rockville, MD 20857. particularity the provisions of the * * * * * regulation to which objection is made FOR FURTHER INFORMATION CONTACT: Vir Dated: August 22, 1996. and the grounds for the objection. Each D. Anand, Center for Food Safety and Fred R. Shank, Applied Nutrition (HFS–216), Food and numbered objection on which a hearing is requested shall specifically so state. Director, Center for Food Safety and Applied Drug Administration, 200 C St. SW., Nutrition. Washington, DC 20204, 202–418–3081. Failure to request a hearing for any [FR Doc. 96–22482 Filed 9–3–96; 8:45 am] SUPPLEMENTARY INFORMATION particular objection shall constitute a : In a notice BILLING CODE 4160±01±F published in the Federal Register of waiver of the right to a hearing on that December 20, 1995 (60 FR 65658), FDA objection. Each numbered objection for which a hearing is requested shall announced that a food additive petition 21 CFR Part 178 (FAP 6B4489) had been filed by include a detailed description and Registration and Consulting Co., Ltd., on analysis of the specific factual [Docket No. 96F±0092] behalf of Peroxid-Chemie GmbH, c/o information intended to be presented in support of the objection in the event Indirect Food Additives: Adjuvants, Bruce A. Schwemmer, Bruce Production Aids, and Sanitizers EnviroExcel Group, Inc., 94 Buttermilk that a hearing is held. Failure to include Bridge Rd., Washington, NJ 07882 such a description and analysis for any AGENCY: Food and Drug Administration, (formerly 55 River Dr. South No. 1808, particular objection shall constitute a HHS. Jersey City, NJ 07310). The petition waiver of the right to a hearing on the ACTION: Final rule. proposed to amend the food additive objection. Three copies of all documents regulations in § 177.2600 Rubber articles shall be submitted and shall be SUMMARY: The Food and Drug intended for repeated use (21 CFR identified with the docket number Administration (FDA) is amending the 177.2600) to provide for the safe use of found in brackets in the heading of this food additive regulations to provide for di(4-methylbenzoyl) peroxide as an document. Any objections received in the expanded safe use of phosphorous accelerator for silicone polymers and response to the regulation may be seen acid, cyclic neopentanetetrayl bis(2,6- elastomers complying with § 177.2600 in the Dockets Management Branch di-tert-butyl-4-methylphenyl)ester for for use in contact with food. between 9 a.m. and 4 p.m., Monday use as an antioxidant and/or stabilizer at FDA has evaluated data in the through Friday. levels not to exceed 0.05 percent by weight of olefin polymers intended for petition and other relevant material. The List of Subjects in 21 CFR Part 177 agency concludes that the proposed use use in contact with food. This action is of the additive is safe, that it will Food additives, Food packaging. in response to a petition filed by Asahi achieve its intended technical effect, Therefore, under the Federal Food, Denka Kogyo K. K. and that the regulations in § 177.2600 Drug, and Cosmetic Act and under DATES: Effective September 4, 1996; should be amended as set forth below. authority delegated to the Commissioner written objections and requests for a In accordance with § 171.1(h) (21 CFR of Food and Drugs and redelegated to hearing by October 4, 1996. 171.1(h)), the petition and the the Director, Center for Food Safety and ADDRESSES: Submit written objections to documents that FDA considered and Applied Nutrition, 21 CFR part 177 is the Dockets Management Branch (HFA– relied upon in reaching its decision to amended as follows: 305), Food and Drug Administration, approve the petition are available for 12420 Parklawn Dr., rm. 1–23, PART 177ÐINDIRECT FOOD Rockville, MD 20857. inspection at the Center for Food Safety ADDITIVES: POLYMERS and Applied Nutrition by appointment FOR FURTHER INFORMATION CONTACT: Vir with the information contact person 1. The authority citation for 21 CFR D. Anand, Center for Food Safety and listed above. As provided in 21 CFR part 177 continues to read as follows: Applied Nutrition (HFS–216), Food and 171.1(h), the agency will delete from the Authority: Secs. 201, 402, 409, 721 of the Drug Administration, 200 C St. SW., documents any materials that are not Federal Food, Drug, and Cosmetic Act (21 Washington, DC 20204, 202–418–3081. available for public disclosure before U.S.C. 321, 342, 348, 379e). SUPPLEMENTARY INFORMATION: In a notice making the documents available for 2. Section 177.2600 is amended in published in the Federal Register of inspection. paragraph (c)(4)(ii)(b) by alphabetically March 25, 1996 (61 FR 12075), FDA The agency has carefully considered adding a new entry for ‘‘Di(4- announced that a food additive petition the potential environmental effects of methylbenzoyl) peroxide’’ to read as (FAP 6B4498) had been filed by Asahi this action. FDA has concluded that the follows: Denka Kogyo K. K., 2–13 Shirahata 5– action will not have a significant impact Chome, Urawa City, Saitama 336, Japan. on the human environment, and that an § 177.2600 Rubber articles intended for The petition proposed to amend the environmental impact statement is not repeated use. food additive regulations in § 178.2010 required. The agency’s finding of no * * * * * Antioxidants and/or stabilizers for significant impact and the evidence (c) * * * polymers (21 CFR 178.2010) to provide supporting that finding, contained in an (4) * * * for the expanded safe use of environmental assessment, may be seen (ii) * * * phosphorous acid, cyclic in the Dockets Management Branch (b) * * * neopentanetetrayl bis(2,6-di-tert-butyl- (address above) between 9 a.m. and 4 Di(4-methylbenzoyl) peroxide (CAS Reg. 4-methylphenyl)ester for use as an p.m., Monday through Friday. No. 895–85–2) for use only as a antioxidant and/or stabilizer at levels Any person who will be adversely crosslinking agent in silicone polymers not to exceed 0.05 percent by weight of affected by this regulation may at any and elastomers identified under olefins complying with 21 CFR time on or before October 4, 1996, file paragraph (c)(4)(i) of this section at 177.1520 intended for use in contact with the Dockets Management Branch levels not to exceed 1 percent by weight with food. (address above) written objections of such polymers and elastomers where FDA has evaluated data in the thereto. Each objection shall be the total of all accelerators does not petition and other relevant material. Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46545

Based on this information, the agency Any person who will be adversely between 9 a.m. and 4 p.m., Monday concludes that the proposed use of the affected by this regulation may at any through Friday. additive is safe, that the additive will time on or before October 4, 1996, file List of Subjects in 21 CFR Part 178 achieve its intended technical effect, with the Dockets Management Branch and therefore, that the regulations in (address above) written objections Food additives, Food packaging. § 178.2010 should be amended as set thereto. Each objection shall be Therefore, under the Federal Food, forth below. separately numbered, and each Drug, and Cosmetic Act and under In accordance with § 171.1(h) (21 CFR numbered objection shall specify with authority delegated to the Commissioner 171.1(h)), the petition and the particularity the provisions of the of Food and Drugs and redelegated to the Director, Center for Food Safety and documents that FDA considered and regulation to which objection is made Applied Nutrition, 21 CFR part 178 is relied upon in reaching its decision to and the grounds for the objection. Each amended as follows: approve the petition are available for numbered objection on which a hearing inspection at the Center for Food Safety is requested shall specifically so state. PART 178ÐINDIRECT FOOD and Applied Nutrition by appointment Failure to request a hearing for any ADDITIVES: ADJUVANTS, with the information contact person particular objection shall constitute a PRODUCTION AIDS, AND SANITIZERS listed above. As provided in § 171.1(h), waiver of the right to a hearing on that the agency will delete from the objection. Each numbered objection for 1. The authority citation for 21 CFR documents any materials that are not which a hearing is requested shall part 178 continues to read as follows: available for public disclosure before include a detailed description and Authority: Secs. 201, 402, 409, 721 of the making the documents available for analysis of the specific factual Federal Food, Drug, and Cosmetic Act (21 inspection. information intended to be presented in U.S.C. 321, 342, 348, 379e). The agency has carefully considered support of the objection in the event 2. Section 178.2010 is amended in the the potential environmental effects of that a hearing is held. Failure to include table in paragraph (b) by revising the this action. FDA has concluded that the such a description and analysis for any entry for ‘‘Phosphorous acid, cyclic action will not have a significant impact particular objection shall constitute a neopentanetetrayl bis(2,6-di-tert-butyl- on the human environment, and that an waiver of the right to a hearing on the 4-methylphenyl)ester’’ under the environmental impact statement is not objection. Three copies of all documents heading ‘‘Substances’’ and by adding a required. The agency’s finding of no shall be submitted and shall be new entry ‘‘2.’’ under the heading significant impact and the evidence ‘‘Limitations’’ to read as follows: supporting that finding, contained in an identified with the docket number environmental assessment, may be seen found in brackets in the heading of this § 178.2010 Antioxidants and/or stabilizers in the Dockets Management Branch document. Any objections received in for polymers. (address above) between 9 a.m. and 4 response to the regulation may be seen * * * * * p.m., Monday through Friday. in the Dockets Management Branch (b) * * *

Substances Limitations

******* Phosphorous acid, cyclic neopentanetetrayl bis(2,6-di-tert- For use only: butyl-4-methylphenyl)ester (CAS Reg. No. 80693±00±1). 1. At levels not to exceed 0.25 percent by weight of polypropylene complying with § 177.1520 of this chapter. * * * 2. At levels not to exceed 0.05 percent by weight of polymers complying with § 177.1520(c) of this chapter, item 3.1 or 3.2, and with a maximum thickness of 100 micrometers (0.004 inch) for use with all food types under conditions of use B, C, D, E, F, G, and H described in Table 2 of § 176.170(c) of this chap- ter. *******

Dated: August 20, 1996. 21 CFR Part 178 processing stabilizer for olefin polymers Fred R. Shank, intended for use in contact with food. [Docket No. 96F±0027] Director, Center for Food Safety and Applied This action is in response to a petition Nutrition. Indirect Food Additives: Adjuvants, filed by Ciba-Geigy Corp. [FR Doc. 96–22483 Filed 9–3–96; 8:45 am] Production Aids, and Sanitizers DATES: Effective September 4, 1996; BILLING CODE 4160±01±F written objections and requests for a AGENCY: Food and Drug Administration, hearing by October 4, 1996. HHS. ADDRESSES: Submit written objections to ACTION: Final rule. the Dockets Management Branch (HFA– SUMMARY: The Food and Drug 305), Food and Drug Administration, Administration (FDA) is amending the 12420 Parklawn Dr., rm. 1–23, food additive regulations to provide for Rockville, MD 20857. the safe use of bis(2,4-di-tert-butyl-6- FOR FURTHER INFORMATION CONTACT: Vir methylphenyl) ethyl phosphite as a D. Anand, Center for Food Safety and 46546 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations

Applied Nutrition (HFS–216), Food and available for public disclosure before that a hearing is held. Failure to include Drug Administration, 200 C St. SW., making the documents available for such a description and analysis for any Washington, DC 20204, 202–418–3081. inspection. particular objection shall constitute a SUPPLEMENTARY INFORMATION: In a notice The agency has carefully considered waiver of the right to a hearing on the published in the Federal Register of the potential environmental effects of objection. Three copies of all documents February 9, 1996 (61 FR 5001), FDA this action. FDA has concluded that the shall be submitted and shall be announced that a food additive petition action will not have a significant impact identified with the docket number (FAP 6B4492) had been filed by Ciba- on the human environment, and that an found in brackets in the heading of this Geigy Corp., 540 White Plains Rd., environmental impact statement is not document. Any objections received in Tarrytown, NY 10591–9005, proposing required. The agency’s finding of no response to the regulation may be seen that food additive regulations be significant impact and the evidence in the Dockets Management Branch amended in § 178.2010 Antioxidants supporting that finding, contained in an between 9 a.m. and 4 p.m., Monday and/or stabilizers for polymers (21 CFR environmental assessment, may be seen through Friday. in the Dockets Management Branch 178.2010) to provide for the safe use of List of Subjects in 21 CFR Part 178 bis(2,4-di-tert-butyl-6-methylphenyl) (address above) between 9 a.m. and 4 ethyl phosphite as a processing p.m., Monday through Friday. Food additives, Food packaging. stabilizer for olefin polymers complying Any person who will be adversely Therefore, under the Federal Food, with 21 CFR 177.1520 intended for use affected by this regulation may at any Drug, and Cosmetic Act and under in contact with food. time on or before October 4, 1996, file authority delegated to the Commissioner FDA has evaluated data in the with the Dockets Management Branch of Food and Drugs and redelegated to petition and other relevant material. The (address above) written objections the Director, Center for Food Safety and agency concludes that the proposed use thereto. Each objection shall be Applied Nutrition, 21 CFR part 178 is of the additive is safe, that the additive separately numbered, and each amended as follows: will achieve its intended technical numbered objection shall specify with effect, and that the regulations in particularity the provisions of the PART 178ÐINDIRECT FOOD § 178.2010(b) should be amended as set regulation to which objection is made ADDITIVES: ADJUVANTS, forth below. and the grounds for the objection. Each PRODUCTION AIDS, AND SANITIZERS In accordance with § 171.1(h) (21 CFR numbered objection on which a hearing 1. The authority citation for 21 CFR 171.1(h)), the petition and the is requested shall specifically so state. part 178 continues to read as follows: documents that FDA considered and Failure to request a hearing for any relied upon in reaching its decision to particular objection shall constitute a Authority: Secs. 201, 402, 409, 721 of the approve the petition are available for waiver of the right to a hearing on that Federal Food, Drug, and Cosmetic Act (21 inspection at the Center for Food Safety objection. Each numbered objection for U.S.C. 321, 342, 348, 379e). and Applied Nutrition by appointment which a hearing is requested shall 2. Section 178.2010 is amended in the with the information contact person include a detailed description and table in paragraph (b) by alphabetically listed above. As provided in § 171.1(h), analysis of the specific factual adding a new entry for bis(2,4-di-tert- the agency will delete from the information intended to be presented in butyl-6-methylphenyl) ethyl phosphite documents any materials that are not support of the objection in the event to read as follows:

§ 178.2010 Antioxidants and/or stabilizers for polymers * * * * * (b) * * *

List of Substances Limitations

******* Bis(2,4-di-tert-butyl-6-methylphenyl) ethyl phosphite (CAS Reg. No. For use only: 145650±60±8). 1. At levels not to exceed 0.3 percent by weight of olefin polymers complying with § 177.1520(c) of this chapter. The finished polymers may only be used with food of the types identified in § 176.170(c) of this chapter, Table 1, under Categories I, II, IV-B, VI-A, VI-B, VII-B, and VIII, and under conditions of use B through H described in Table 2 of § 176.170(c) of this chapter. 2. At levels not to exceed 0.1 percent by weight of propylene polymers complying with § 177.1520(c) of this chapter, items 1.1, 1.2, 1.3, 3.2b, 3.4, or 3.5, or 3.1a (where the density of this polymer is at least 0.85 gram per cubic centimeter and less than 0.91 gram per cubic centimeter). The finished polymers may only be used in con- tact with food of the types identified in § 176.170(c) of this chapter, Table 1, under Categories III, IV-A, V, VI-C, VII-A, and IX, and under conditions of use B through H described in Table 2 of § 176.170(c) of this chapter. Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46547

List of Substances Limitations

3. At levels not to exceed 0.1 percent by weight of high-density ethyl- ene polymers complying with § 177.1520(c) of this chapter, items 2.1, 2.2, 2.3, 3.1a, 3.1b, 3.2a, or 3.6 (where the density of each of these polymers is at least 0.94 gram per cubic centimeter), or 5. The finished polymers may only be used in contact with food of the types identified in § 176.170(c) of this chapter, Table 1, under Categories III, IV-A, V, VI-C, VII-A, and IX, and under conditions of use C (maxi- mum temperature 70 °C) through G described in Table 2 of § 176.170(c) of this chapter. Provided, that the finished food contact articles have a volume of at least 18.9 liters (5 gallons). 4. At levels not to exceed 0.01 percent by weight of low-density ethyl- ene polymers complying with § 177.1520(c) of this chapter, items 2.1, 2.2, 2.3, 3.1a, 3.1b, 3.2a, 3.4, 3.5, or 3.6 (where the density of each of these polymers is less than 0.94 gram per cubic centimeter). The finished polymers may only be used in contact with food of the types identified in § 176.170(c) of this chapter, Table 1, under Cat- egories III, IV-A, V, VI-C, VII-A, and IX, and under conditions of use B through H described in Table 2 of § 176.170(c) of this chapter. Provided, that the average thickness of such polymers in the form in which they contact food shall not exceed 0.001 inch. *******

* * * * * FOR FURTHER INFORMATION CONTACT: the Center for Veterinary Medicine, 21 Dated: August 22, 1996. Thomas J. McKay, Center for Veterinary CFR part 510 is amended as follows: Medicine (HFV–102), Food and Drug Fred R. Shank, Administration, 7500 Standish Pl., PART 510ÐNEW ANIMAL DRUGS Director, Center for Food Safety and Applied Rockville, MD 20855, 301–827–0213. Nutrition. 1. The authority citation for 21 CFR SUPPLEMENTARY INFORMATION: [FR Doc. 96–22484 Filed 9–3–96; 8:45 am] Roussel- part 510 continues to read as follows: UCLAF, Division Agro-Veterinaire, 163 BILLING CODE 4160±01±F Avenue Gambetta, 75020 Paris, France, Authority: Secs. 201, 301, 501, 502, 503, has informed FDA of a change of 512, 701, 721 of the Federal Food, Drug, and sponsor name and address to Roussel- Cosmetic Act (21 U.S.C. 321, 331, 351, 352, 21 CFR Part 510 353, 360b, 371, 379e). UCLAF SA, Animal Health Division, New Animal Drugs; Change of Sponsor 102 Route de Noisy, 93235 Romainville 2. Section 510.600 is amended in the Name and Address Cedex, France. Accordingly, the agency table in paragraph (c)(1) by removing is amending the regulations in 21 CFR the entry ‘‘Roussel-UCLAF’’ and adding AGENCY: Food and Drug Administration, 510.600(c)(1) and (c)(2) to reflect the in its place a new entry for ‘‘Roussel- HHS. change of sponsor name and address. UCLAF SA’’ and in the table in paragraph (c)(2) in the entry for ACTION: Final rule. List of Subjects in 21 CFR Part 510 ‘‘012579’’ by revising the sponsor name Administrative practice and and address to read as follows: SUMMARY: The Food and Drug procedure, Animal drugs, Labeling, Administration (FDA) is amending the Reporting and recordkeeping § 510.600 Names, addresses, and drug animal drug regulations to reflect a requirements. labeler codes of sponsors of approved change of sponsor name and address Therefore, under the Federal Food, applications. from Roussel-UCLAF to Roussel-UCLAF Drug, and Cosmetic Act and under * * * * * SA. authority delegated to the Commissioner (c) * * * EFFECTIVE DATE: September 4, 1996. of Food and Drugs and redelegated to (1) * * *

Firm name and address Drug labeler code

******* Roussel-UCLAF SA, Animal Health Division, 102 Route de Noisy, 93235 Romainville Cedex, France 012579 *******

(2) * * * 46548 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations

Drug labeler code Firm name and address

******* 012579 ...... Roussel-UCLAF SA, Animal Health Division, 102 Route de Noisy, 93235 Romainville Cedex, France. *******

Dated: August 20, 1996. revising 21 CFR 522.2662(b) to reflect Dated: August 20, 1996. Robert C. Livingston, the approval. The basis of approval is Stephen F. Sundlof, Director, Office of New Animal Drug discussed in the freedom of information Director, Center for Veterinary Medicine. Evaluation, Center for Veterinary Medicine. summary. [FR Doc. 96–22487 Filed 9–3–96; 8:45 am] [FR Doc. 96–22486 Filed 9–3–96; 8:45 am] In accordance with the freedom of BILLING CODE 4160±01±F BILLING CODE 4160±01±F information provisions of part 20 (21 CFR part 20) and § 514.11(e)(2)(ii) (21 CFR 514.11(e)(2)(ii)), a summary of DEPARTMENT OF THE INTERIOR 21 CFR Part 522 safety and effectiveness data and information submitted to support Office of Surface Mining Reclamation Implantation or Injectable Dosage approval of this application may be seen and Enforcement Form New Animal Drugs; Xylazine in the Dockets Management Branch Injection (HFA–305), Food and Drug 30 CFR Part 935 Administration, 12420 Parklawn Dr., AGENCY: Food and Drug Administration, [OH±238±FOR, #72] HHS. rm. 1–23, Rockville, MD 20857, between 9 a.m. and 4 p.m., Monday through Ohio Regulatory Program ACTION: Final rule. Friday. SUMMARY: The Food and Drug The agency has determined under 21 AGENCY: Office of Surface Mining Administration (FDA) is amending the CFR 25.24(d)(1)(i) that this action is of Reclamation and Enforcement (OSM), animal drug regulations to reflect a type that does not individually or Interior. approval of an abbreviated new animal cumulatively have a significant effect on ACTION: Final rule; approval of drug application (ANADA) filed by the human environment. Therefore, amendment. Chanelle Pharmaceuticals neither an environmental assessment Manufacturing Ltd. The ANADA nor an environmental impact statement SUMMARY: OSM is approving a proposed provides for intravenous, intramuscular, is required. amendment to the Ohio regulatory program (hereinafter referred to as the or subcutaneous use of xylazine List of Subjects in 21 CFR Part 522 injection in dogs and cats to produce ‘‘Ohio program’’) under the Surface Animal drugs. sedation accompanied by a shorter Mining Control and Reclamation Act of Therefore, under the Federal Food, period of analgesia. 1977 (SMCRA). Ohio proposed revisions Drug, and Cosmetic Act and under to rules pertaining to underground EFFECTIVE DATE: September 4, 1996. authority delegated to the Commissioner mining. The amendment is intended to FOR FURTHER INFORMATION CONTACT: of Food and Drugs and redelegated to revise the Ohio program to be consistent Sandra K. Woods, Center For Veterinary the Center for Veterinary Medicine, 21 with the corresponding Federal Medicine (HFV–114), Food and Drug CFR part 522 is amended as follows: regulations. Administration, 7500 Standish Pl., Rockville, MD 20855, 301–594–1617. PART 522ÐIMPLANTATION OR EFFECTIVE DATE: September 4, 1996. SUPPLEMENTARY INFORMATION: Chanelle INJECTABLE DOSAGE FORM NEW FOR FURTHER INFORMATION CONTACT: Pharmaceuticals Manufacturing Ltd., ANIMAL DRUGS George Rieger, Field Branch Chief, Loughrea, County Galway, Ireland, filed Appalachian Regional Coordinating 1. The authority citation for 21 CFR ANADA 200–184, which provides for Center, OSM, 3 Parkway Center, part 522 continues to read as follows: intravenous, intramuscular, and Pittsburgh, PA 15220, Telephone: (412) subcutaneous use of Chanazine (20 Authority: Sec. 512 of the Federal Food, 937–2153. Drug, and Cosmetic Act (21 U.S.C. 360b). milligrams/milliliter (mg/mL)) SUPPLEMENTARY INFORMATION: Injectable (xylazine hydrochloride 2. Section 522.2662 is amended by equivalent to 20 mg xylazine per mL) in I. Background on the Ohio Program revising the first two sentences in II. Submission of the Proposed Amendment dogs and cats to produce sedation paragraph (b) to read as follows: III. Director’s Findings accompanied by a shorter period of IV. Summary and Disposition of Comments analgesia. The drug is limited to use by § 522.2662 Xylazine hydrochloride injection. V. Director’s Decision or on the order of a licensed VI. Procedural Determinations veterinarian. * * * * * Approval of ANADA 200–184 for (b) Sponsor. See 000856 in I. Background on the Ohio Program Chanelle’s Chanazine (xylazine 20 mg/ § 510.600(c) of this chapter for use in On August 16, 1982, the Secretary of mL) Injectable is as a generic copy of horses, wild deer, and elk. See 000859 the Interior conditionally approved the Bayer’s NADA 47–955 for Rompun and 061651 in § 510.600(c) of this Ohio program. Background information (xylazine 20 mg/mL) injectable. The chapter for use in horses, wild deer, elk, on the Ohio program, including the ANADA is approved as of July 12, 1996, dogs, and cats. * * * Secretary’s findings, the disposition of and the regulations are amended by * * * * * comments, and the conditions of Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46549 approval can be found in the August 10, Requirements for Special Categories of III. Director’s Findings 1982, Federal Register (42 FR 34668). Mining; 1501:13–9–08(A),(B)— Set forth below, pursuant to SMCRA Subsequent actions concerning Protection of Underground Mining; and and the Federal regulations at 30 CFR conditions of approval and program 1501:13–13–01—Concurrent Surface 732.15 and 732.17, are the Director’s amendments can be found at 30 CFR and Underground Mining. findings concerning the proposed 935.11, 935.12, 935.15, and 935.16. OSM announced receipt of the amendment. II. Submission of the Proposed proposed amendment in the June 24, Revisions not specifically discussed Amendment 1996, Federal Register (61 FR 32382), below concern nonsubstantive wording changes, or revised cross-references and By letter dated May 23, 1996, and in the same document opened the paragraph notations to reflect (Administrative Record No. OH–2166– public comment period and provided an organizational changes resulting from 00) Ohio submitted a proposed opportunity for a public hearing on the this amendment. amendment to its program pursuant to adequacy of the proposed amendment. SMCRA at its own initiative. Ohio The public comment period closed on A. Revisions to Ohio’s Regulations That proposed to revise the Ohio July 24, 1996. Are Substantively Identical to the Administrative Code (OAC) at sections Corresponding Provisions of the Federal 1501:13–4–12(G)(3)(d) and 4(f),(I)— Regulations

State regulation Subject Federal counterpart

OAC 1501:13±4±12(G)(3)(d) ...... Variances ...... 30 CFR 785.18(b)(4) OAC 1501:13±4±12(G)(4)(f) ...... Permit Issuance ...... 30 CFR 785.18(c)(6) OAC 1501:13±4±12(G)(4)(i) ...... Permit Issuance ...... 30 CFR 785.18(c)(9)(iii) OAC 1501:13±9±08(A)(1) ...... Protection of Underground Mining ...... 30 CFR 816.79(b)

Because the above proposed revisions were received. Because no one for adverse effects to properties that may are identical in meaning to the requested an opportunity to speak at a be eligible for inclusion in the NRHP. corresponding Federal regulations, the public hearing, no hearing was held. The Director acknowledges that all Director finds that Ohio’s proposed One commenter stated that by requirements of coordination and rules are no less effective than the rescinding OAC 1501:13–13–01, consultation between agencies Federal rules. underground and surface coal reserves responsible for implementing the will be sterilized needlessly. The National Historic Preservation Act B. Revisions to Ohio’s Regulations With commenter suggests that this provision No Corresponding Federal Regulations (NHPA) must be met. However, the provides a degree of flexibility and that changes proposed by Ohio do not Ohio proposed to delete OAC the 500 foot barrier was meant for impact compliance with NHPS and the 1501:13–9–08(B) which required that underground and surface mines in the OHPA comments are, therefore, outside surface mining operations be designed same seam. The Director notes that the the scope of this amendment. The to protect disturbed surface areas, changes proposed by Ohio simplify its Director notes that the referenced 500 including spoil disposal sites, so as not rule structure by eliminating OAC foot distance concerns the amount of to endanger any present or future coal 1501:13–13–01 which duplicates barrier that may be necessary to ensure mining operation. There is no requirements found under 1501:13–4– the protection of underground coal corresponding Federal requirement to 12(G) (contemporaneous reclamation) miners and is consistent with Federal this provision. Therefore, the Director and 1501:13–9–08 (concurrence). The requirements. The barrier is a finds that the proposed deletion will not revisions are not intended to create the hydrologic and structural consideration render the State program less effective loss of any flexibility nor cause any and not considered as a direct limitation than the Federal regulations. impact that would sterilize or impact on surface impacts as OHPA suggests. Ohio proposed to delete OAC the ability to mine certain reserves The Director concludes that none of the 1501:13–13–01 which specifies beyond those that currently exist in the changes proposed by Ohio create performance standards for concurrent Ohio program and do not render the barriers to compliance with the NHPA. surface and underground mining program less effective than the Federal activities operating under a variance regulations. Federal Agency Comments from contemporaneous reclamation The second commenter, the Ohio Pursuant to 30 CFR 732.17(h)(11)(I), requirements. These provisions have no Historic Preservation Office (OHPO), the Director solicited comments on the corresponding Federal requirements. expressed several concerns. OHPO feels proposed amendment from various Ohio’s provisions for variances in that proposed rule changes pertaining to Federal agencies with an actual or contemporaneous reclamation appear in surface mining operations are not potential interest in the Ohio program. OAC 1501:13–4–12(G). The Director routinely sent to OHPO for review. None were received. finds that the proposed deletion will not OHPO is particularly concerned that render the State program less effective there is no basis for selecting the 500 Environmental Protection Agency (EPA) than the Federal regulations. foot distance requirement specified in Pursuant to 30 CFR 732.17(h)(11)(ii), IV. Summary and Disposition of OAC 1501:13–9–08. If feels this could OSM is required to obtain the written Comments create situations where there are adverse concurrence of the EPA with respect to effects to a property eligible for those provisions of the proposed Public Comments inclusion in the National Register of program amendment that relate to air or The Director solicited public Historic Places (NRHP). OHPO is also water quality standards promulgated comments and provided an opportunity concerned that the proposed changes under the authority of the Clean Water for a public hearing on the proposed could result in an acceleration of surface Act (33 U.S.C. 1251 et. seq.) or the Clean amendment. Two public comments affectment actions with increased risks Air Act (42 U.S.C. 7401 et seq.). 46550 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations

None of the revisions Ohio proposed Environmental Policy Act (42 U.S.C. OAC 1501:13–4–12(G)(3)(d)—Variance to make in its amendment pertains to air 4332(2)(C)). OAC 1501:13–4–12(G)(4)(f),(i)—Permit or water quality standards. Issuance Paperwork Reduction Act Nevertheless, OSM requested EPA’s OAC 1501:13–9–08(A)(1)—Protection of concurrence with the proposed This rule does not contain Underground Mining amendment. EPA did not respond to information collection requirements that OAC 1501:13–9–08(B) (Deletion)— OSM’s request. require approval by OMB under the Protection of Underground Mining Paperwork Reduction Act (44 U.S.C. OAC 1501:13–13–01 (Deletion)— V. Director’s Decision 3507 et seq.). Concurrent Surface and Underground Based on the above findings, the Mining Regulatory Flexibility Act Director approves the proposed [FR Doc. 96–22447 Filed 9–3–96; 8:45 am] amendment as submitted by Ohio on The Department of the Interior has BILLING CODE 4310±05±M May 23, 1996. determined that this rule will not have The Federal regulations at 30 CFR a significant economic impact on a Part 935, codifying decisions concerning substantial number of small entities 30 CFR Part 944 the Ohio program, are being amended to under the Regulatory Flexibility Act (5 implement this decision. This final rule U.S.C. 601 et seq.). The State submittal [SPATS No. UT±034] which is the subject of this rule is based is being made effective immediately to Utah Regulatory Program expedite the State program amendment upon corresponding Federal regulations process and to encourage States to bring for which an economic analysis was AGENCY: Office of Surface Mining their programs into conformity with the prepared and certification made that Reclamation and Enforcement (OSM), Federal standards without undue delay. such regulations would not have a Interior. Consistency of State and Federal significant economic effect upon a ACTION: Final rule; approval of standards is required by SMCRA. substantial number of small entities. amendment. Accordingly, this rule will ensure that VI. Procedural Determinations existing requirements previously SUMMARY: OSM is announcing approval Executive Order 12866 promulgated by OSM will be of a proposed amendment to the Utah implemented by the State. In making the regulatory program (hereinafter, the This rule is exempted from review by determination as to whether this rule ‘‘Utah program’’) under the Surface the Office of Management and Budget would have a significant economic Mining Control and Reclamation Act of (OMB) under Executive Order 12866 impact, the Department relied upon the 1977 (SMCRA). The proposed (Regulatory Planning and Review). data and assumptions for the amendment consists of revisions to Executive Order 12778 corresponding Federal regulations. rules pertaining to petitions to initiate rulemaking, and backfilling and grading The Department of the Interior has Unfunded Mandates and highwall retention. The amendment conducted the reviews required by This rule will not impose a cost of revises the Utah program to be section 2 of Executive Order 12778 $100 million or more in any given year consistent with the corresponding (Civil Justice Reform) and has on any governmental entity or the Federal regulations. determined that, to the extend allowed private sector. by law, this rule meets the applicable EFFECTIVE DATE: September 4, 1996. standards of subsections (a) and (b) of List of Subjects in 30 CFR 935 FOR FURTHER INFORMATION CONTACT: James F. Fulton, Telephone: (303) 672– that section. However, these standards Intergovernmental relations, Surface 5524. are not applicable to the actual language mining, Underground mining. of State regulatory programs and SUPPLEMENTARY INFORMATION: program amendments since each such Dated: August 19, 1996. program is drafted and promulgated by Tim L. Dieringer, I. Background on the Utah Program a specific State, not by OSM. Under Acting Regional Director, Appalachian On January 21, 1981, the Secretary of sections 503 and 505 of SMCRA (30 Regional Coordinating Center. the Interior conditionally approved the U.S.C. 1253 and 1255) and 30 CFR For the reasons set out in the Utah program. General background 730.11, 732.15, and 732.17(h)(10), preamble, Title 30, Chapter VII, information on the Utah program, decisions on proposed State regulatory Subchapter T of the Code of Federal including the Secretary’s findings, the programs and program amendments Regulations is amended as set forth disposition of comments, and the submitted by the States must be based below: conditions of approval of the Utah solely on a determination of whether the program can be found in the January 21, submittal is consistent with SMCRA and PART 935ÐOHIO 1981, Federal Register (46 FR 5899). its implementing Federal regulations Subsequent actions concerning Utah’s 1. The authority citation for Part 935 and whether the other requirements of program and program amendments can continues to read as follows: 30 CFR Parts 730, 731, and 732 have be found at 30 CFR 944.15, 944.16, and been met. Authority: 30 U.S.C. 1201 et seq. 944.30. National Environmental Policy Act 2. Section 935.15 is amended by II. Proposed Amendment adding paragraph (bbbb) to read as No environmental impact statement is follows: By letter dated November 30, 1995, required for this rule since section and March 11, 1996, Utah submitted to 702(d) of SMCRA (30 U.S.C. 1292(d)) § 935.15 Approval of regulatory program OSM rules that it had promulgated for provides that agency decisions on amendments. its program (administrative record Nos. proposed State regulatory program * * * * * UT–1079 and UT–1081) pursuant to provisions do not constitute major (bbbb) The following rules, as SMCRA (30 U.S.C. 1201 et seq.). With Federal actions within the meaning of submitted to OSM on May 23, 1996 are three exceptions, these rules were section 102(2)(C) of the National approved effective September 4, 1996. substantively identical to rules that Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46551

Utah had previously submitted to OSM Rulemaking Act at Utah Code original contour provisions, to read and for which the Director made a Annotated (U.C.A.) ‘‘63–46a–1, et seq.’’ ‘‘R645–031–553.500 through R645–301– decision in the May 30, 1995, Federal instead of ‘‘63–46–8.’’ 553.540’’ (emphasis added). In response Register (60 FR 28040, administrative Utah deleted the reference to the to the required amendment, Utah made record No. UT–1057). The three statute at U.C.A. 63–46–8 because it the revision in the citation. exceptions occurred in rules that Utah previously repealed it. Newly OSM also at 30 CFR 944.16(d) revised in response to required referenced ‘‘U.C.A. 63–46a–1 et seq.’’ required Utah to revise Utah Admin. R. amendments and in response a includes the statutory provisions at disapproval that OSM set forth in the U.C.A. 63–46a–12, which allow 645–301–553.120 to correct the cross- May 30, 1995, notice. In response to the interested persons to petition agencies referenced provisions in the phrase required program amendments at 30 requesting the making, amendment, or ‘‘R645–301–553.650 through R645–301– CFR 944.16 (c) and (d) (May 30, 1995, repeal of rules. 553.653’’ to read ‘‘R645–301–553.650 60 FR 28040, 28043–4, finding Nos. 4 The Federal counterpart regulation to through R645–301–553.651’’ (emphasis and 5), Utah proposed to revise Utah proposed Utah Admin. R. 645–100–500 added), or otherwise make a revision Admin. R. 645–301–553.110 and Utah is at 30 CFR 700.12. The Federal that had the same effect. As discussed Admin. R. 534–301–553.120. In counterpart statutory provision to in following finding No. 4, Utah did not response to the Director not approving U.C.A. 63–46a–12 is at section 201(g)(1) promulgate Utah Admin. R. 645–301– proposed Utah Admin. R. 645–301– of SMCRA. They both provide for 553.651. Therefore, at Utah Admin. R. 553.651 (May 30, 1995, 60 FR 28040, persons to petition OSM requesting the 645–301–553.120, Utah proposed to 28046–7, finding No. 15), Utah did not issuance, amendment, or repeal of a only reference Utah Admin. R. 645– promulgate the rule. The rule concerned rule. 301–553.650. a proposed applicability date for the The proposed revision to Utah Admin. R. 645–100–500 is no less For the reasons discussed in the May backfilling and grading of highwalls. 30, 1995, Federal Register notice, the In addition to the aforementioned effective than the Federal regulations at Director finds that the proposed revisions, Utah by letter dated December 30 CFR 700.12 and no less stringent 4, 1995, submitted to OSM a proposed than section 201(g)(1) of SMCRA. revisions to Utah Admin. R. 645–301– revision to Utah Admin. R. 645–100– Therefore, the Director approves the 553.120 are consistent with the Federal 500, pertaining to petitions to initiate proposed revision to Utah Admin. R. regulations at 30 CFR 816.102(a)(2) and rulemaking (administrative record No. 645–100–500. 817.102(a)(2). Accordingly, the Director approves the proposed revisions to Utah UT–1080). Utah submitted the proposed 2. Utah Admin. R. 645–301–553.110 and revision in response to a November 22, Admin. R. 645–301–553.120 and .120, Backfilling and Grading and removes the required amendment at 30 1995, OSM letter (administrative record Highwall Retention No. UT–1078) notifying Utah of a CFR 944.16(d). Utah Admin. R. 645–301–553.110.— needed revision to Utah’s rule. 3. Utah Admin. R. 645–301–553.651, These revisions constitute a proposed On May 30, 1995, OSM at 30 CFR Applicability Date amendment to Utah’s program. OSM 944.16(c) (finding No. 4, 60 FR 28040, announced receipt of the proposed 28043) required Utah to revise Utah On May 30, 1995, the Director did not Admin. R. 645–301–553.110 to correct amendment in the March 20, 1996, approve Utah’s proposed rule at Utah the cross referenced provisions in the Federal Register (61 FR 11350), Admin. R. 645–301–553.651 (finding phrase ‘‘R645–301–500 through R645– provided an opportunity for a public No. 15, 60 FR 28040, 28046) because it 301–540,’’ regarding previously mined hearing or meeting on its substantive was less stringent than section 515 of adequacy, and invited public comment areas, continuously mined areas, and areas subject to the approximate original SMCRA, not in accordance with the on its adequacy (administrative record Secretary’s assumptions in approving No. UT–1085). Because no one contour provisions, to read ‘‘R645–301– 553.500 through R645–301–553.540’’ the provisions of the Utah program that requested a public hearing or meeting, allow for the incomplete elimination of none was held. The public comment (emphasis added). highwalls for areas with remaining period ended on April 19, 1996. In response to the required amendment, Utah proposed to make the highwalls subject to the approximate III. Director’s Findings changes in the citations. For the reasons original contour provisions, and not in As discussed below, the Director, in discussed in the May 30, 1995, Federal accordance with the Director’s previous accordance with SMCRA and 30 CFR Register notice, the Director finds that finding in the September 17, 1993, final 732.15 and 732.17, finds that the the proposed revisions to Utah Admin. rule Federal Register notice (58 FR proposed program amendment R. 645–301–553.110 are consistent with 48600, 48605–6; finding No. 3(C)(3)(b)). submitted by Utah on November 30 and the Federal regulations at 30 CFR In response to this disapproval, Utah December 4, 1995, and March 11, 1996, 816.102(k) and 817.102(k). Accordingly, deleted the proposed rule at Utah is no less effective than the the Director approves the proposed Admin. R. 645–301–553.651 (i.e., did corresponding Federal regulations and revisions to Utah Admin. R. 645–301– not promulgate the rule in the State no less stringent than SMCRA. 553.110 and removes the required rulemaking process). Utah’s deletion of Accordingly, the Director approves the amendment at 30 CFR 944.16(c). the proposed rule is consistent with the proposed amendment. Utah Admin. R. 534–301–553.120.— On May 30, 1995, OSM at 30 CFR Director’s disapproval. 1. Utah Admin. R. 645–100–500, 944.16(d) (finding No. 5, 60 FR 28040, IV. Summary and Disposition of Petitions To Initiate Rulemaking 28043) required Utah to revise Utah Comments Utah proposed to revise Utah Admin. Admin. R. 645–301–553.120 to correct R. 645–100–500 to provide that persons the cross-referenced provisions in the Following are summaries of all other than the Division or Board of Oil, phrase ‘‘R645–301–553.500 through substantive written comments on the Gas and Mining may petition to initiate R645–301–540,’’ regarding previously proposed amendment that were rulemaking pursuant to Utah Admin. R. mined areas, continuously mined areas, received by OSM, and OSM’s responses Part 641 and the Utah Administrative and areas subject to the approximate to them. 46552 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations

1. Public Comments VI. Procedural Determinations existing requirements previously promulgated by OSM will be OSM invited public comments on the 1. Executive Order 12866 proposed amendment, but none were implemented by the State. In making the This rule is exempted from review by received. determination as to whether this rule the Office of Management and Budget would have a significant economic 2. Federal Agency Comments (OMB) under Executive Order 12866 impact, the Department relied upon the Pursuant to 732.17(h)(11)(i), OSM (Regulatory Planning and Review). data and assumptions for the solicited comments on the proposed 2. Executive Order 12988 counterpart Federal regulations. amendment from various Federal 6. Unfunded Mandates agencies with an actual or potential The Department of the Interior has interest in the Utah program conducted the reviews required by This rule will not impose a cost of (administrative record No. UT–1082). section 3 of Executive Order 12988 $100 million or more in any given year None of the Federal agencies responded. (Civil Justice Reform) and has on any governmental entity or the determined that this rule meets the private sector. 3. Environmental Protection Agency applicable standards of subsections (a) (EPA) Concurrence and Comments and (b) of that section. However, these List of Subjects in 30 CFR Part 944 Pursuant to 30 CFR 732.17(h)(11)(ii), standards are not applicable to the Intergovernmental relations, Surface OSM is required to solicit the written actual language of State regulatory mining, Underground mining. programs and program amendments concurrence of EPA with respect to Dated: August 21, 1996. since each such program is drafted and those provisions of the proposed Peter A. Rutledge, program amendment that relate to air or promulgated by a specific State, not by OSM. Under sections 503 and 505 of Acting Regional Director, Western Regional water quality standards promulgated Coordinating Center. under the authority of the Clean water SMCRA (30 U.S.C. 1253 and 1255) and Act (33 U.S.C. 1251 et seq.) or the Clean the Federal regulations at 30 CFR For the reasons set out in the Air Act (42 U.S.C. 7401 et seq.). None 730.11, 732.15, and 732.17(h)(10), preamble, Title 30, Chapter VII, of the revisions that Utah proposed to decisions on proposed State regulatory Subchapter T of the Code of Federal make in its amendment pertain to air or programs and program amendments Regulations is amended as set forth water quality standards. Therefore, OSM submitted by the States must be based below: did not request EPA’s concurrence. solely on a determination of whether the Pursuant to 732.17(h)(11)(i), OSM submittal is consistent with SMCRA and PART 944ÐUTAH solicited comments on the proposed its implementing Federal regulations 1. The authority citation for Part 944 amendment from EPA (administrative and whether the other requirements of continues to read as follows: record No. UT–1082). It did not respond 30 CFR Parts 730, 731, and 732 have to OSM’s request. been met. Authority: 30 U.S.C. 1201 et seq. 2. Section 944.15 is amended by 4. State Historic Preservation Officer 3. National Environmental Policy Act adding paragraph (hh) to read as (SHPO) and the Advisory Council on No environmental impact statement is follows: Historic Preservation (ACHP) required for this rule since section Pursuant to 30 CFR 732.17(h)(4), OSM 702(d) of SMCRA (30 U.S.C. 1292(d)) § 944.15 Approval of amendments to the solicited comments on the proposed provides that agency decisions on State regulatory program. amendment from the SHPO and ACHP proposed State regulatory program * * * * * (administrative record No. UT–1082). provisions do not constitute major (hh) Revisions to Utah Admin. R. Neither SHPO nor ACHP responded to Federal actions within the meaning of 645–100–500, concerning petitions to OSM’s request. section 102(2)(C) of the National initiate rulemaking, and revisions to Environmental Policy Act (42 U.S.C. Utah Admin. R. 645–301–553.110 and V. Director’s Decision 4332(2)(C)). Utah Admin. R. 534–301–553.120, Based on the above findings, the concerning backfilling and grading and Director approves Utah’s proposed 4. Paperwork Reduction Act highwall retention, as submitted to OSM amendment as submitted on November This rule does not contain on November 30 and December 4, 1995, 30 and December 4, 1995, and March information collection requirements that and March 11, 1996, are approved 11, 1996. require approval by OMB under the effective September 4, 1996. The Director approves, as discussed Paperwork Reduction Act (44 U.S.C. in: finding No. 1, Utah Admin. R. 645– 3507 et seq.). § 944.16 [Amended] 100–500, concerning petitions to initiate 3. Section 944.16 is amended by rulemaking; and finding No. 2, Utah 5. Regulatory Flexibility Act removing and reserving paragraphs (c) Admin. R. 645–301–553.110 and .120, The Department of the Interior has and (d). determined that this rule will not have concerning backfilling and grading and [FR Doc. 96–22524 Filed 9–3–96; 8:45 am] highwall retention. a significant economic impact on a The Federal regulations at 30 CFR substantial number of small entities BILLING CODE 4310±05±M Part 944, codifying decisions concerning under the Regulatory Flexibility Act (5 the Utah program, are being amended to U.S.C. 601 et seq.). The State submittal 30 CFR Part 946 implement this decision. This final rule that is the subject of this rule is based is being made effective immediately to upon counterpart Federal regulations for expedite the State program amendment which an economic analysis was [VA±108±FOR] process and to encourage States to bring prepared and certification made that Virginia Regulatory Program their programs into conformity with the such regulations would not have a Federal standards without undue delay. significant economic effect upon a AGENCY: Office of Surface Mining Consistency of State and Federal substantial number of small entities. Reclamation and Enforcement (OSM), standards is required by SMCRA. Accordingly, this rule will ensure that Interior. Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46553

ACTION: Final rule; approval of III. Director’s Findings at the site; and mitigation plans to amendment. Set forth below, pursuant to SMCRA sufficiently address these potential and the Federal regulations at 30 CFR environmental and safety problems so SUMMARY: OSM is approving a proposed that reclamation as required by the amendment to the Virginia regulatory 732.15 and 732.17, are the Director’s findings concerning the proposed applicable requirements of this chapter program (hereinafter referred to as the can be accomplished. ‘‘Virginia program’’) under the Surface amendment. Revisions not specifically discussed Mining Control and Reclamation Act of 3. Section 480–03–19.785.25 Lands below concern nonsubstantive wording 1977 (SMCRA). The proposed Eligible for Remining changes, or revised cross-references and amendment consists of regulatory paragraph notations to reflect This new section contains permitting changes to implement the remining organizational changes resulting from requirements to implement § 480–03– standards of the Federal Energy Policy this amendment. 19.773.15(b)(4), and provides that: any Act of 1992. The amendment is person who submits a permit intended to revise the Virginia program A. Revisions to Virginia Regulations application to conduct a surface coal to be consistent with the corresponding That Are Substantively Identical to the mining operation on lands eligible for Federal regulations as amended on Corresponding Federal Regulations remaining must comply with this November 27, 1995. (60 FR 58480) The amendments proposed by section; any application for a permit EFFECTIVE DATE: September 4, 1996. Virginia are as follows: under this section shall be made according to all requirements of this FOR FURTHER INFORMATION CONTACT: 1. Section 480–03–19.700.5 Definitions Robert A. Penn, Director, Big Stone Gap subchapter applicable to surface coal Field Office, 1941 Neely Road, Suite (a) ‘‘Lands eligible for remining’’ has mining and reclamation operations. In 201, Compartment 116, Big Stone Gap, been added to mean those lands that addition, the application shall: to the Virginia 24219 Telephone: (540) 523– would otherwise be eligible for extent not otherwise addressed in the permit application, identify potential 4303 expenditures under section 404 or under section 402(g)(4) of the Federal environmental and safety problems SUPPLEMENTARY INFORMATION: Act. related to prior mining activity at the I. Background on the Virginia Program (b) ‘‘Unanticipated event or site and that could be reasonably II. Submission of the Proposed Amendment condition’’ has been added to mean (as anticipated to occur. This identification III. Director’s Findings used in § 480–03–19.773.15), an event shall be based on a due diligence IV. Summary and Disposition of Comments or condition related to prior mining investigation which shall include visual V. Director’s Decision activity which arises from a surface coal observations at the site, a record review VI. Procedural Determinations. mining and reclamation operation on of past mining at the site, and I. Background on the Virginia Program lands eligible for remining and was not environmental sampling tailored to contemplated by the applicable permit. current site conditions; with regard to On December 15, 1981, the Secretary potential environmental and safety 2. Section 480–03–19.773.15 Review of of the Interior conditionally approved problems referred to in paragraph (b)(1) Permit Applications the Virginia program. Background of this section, describe the mitigative information on the Virginia program, (a) New subsection (b)(4) has been measures that will be taken to ensure including the Secretary’s findings, the added to provide, at (b)(4)(i) that that the applicable reclamation disposition of comments, and the subsequent to October 24, 1992, the requirements of this chapter can be met; conditions of approval can be found in prohibitions of paragraph (b) of this The requirements of this section shall the December 15, 1981, Federal Register section regarding issuance of a new not apply after September 30, 2004. (46 FR 61088). Subsequent actions permit shall not apply to any violation concerning conditions of approval and that: occurs after that date; is unabated; 4. Section 480–03–19.816/817.116 program amendments can be found at and results from an unanticipated event Revegetation: Standards for Success 30 CFR 946.11, 946.12, 946.13, 946.15, or condition that arises from a surface Subsections (c)(2)(i) have been and 946.16. coal mining and reclamation operation amended by adding the phrase ‘‘except on lands that are eligible for remining as provided in paragraph (c)(2)(ii) of this II. Submission of the Proposed under a permit which is issued before section’’ to the first sentence. This Amendment September 30, 2004, or any renewals modification was made in response to By letter dated May 28, 1996, thereof, and held by the person making the new language added at subsection (Administrative Record No. VA–885) applications for the new permit. (c)(2)(ii), and that is identified below. Virginia submitted a proposed New subsection (b)(4)(ii) provides that New subsection (c)(2)(ii) provide that amendment to its program pursuant to for permits issued under § 480–03– the responsibility period shall be two SMCRA. Virginia submitted the 19.785.25 of this chapter, an event or full years for lands eligible for remining proposed amendment at its own condition shall be presumed to be included in permits issued before initiative. Virginia proposed unanticipated for the purposes of this September 30, 2004, or any renewals amendments to implement the remining paragraph if it: arose after permit thereof. To the extent that the success standards of the Federal Energy Policy issuance; was related to prior mining; standards are established by paragraph Act of 1992. and was not identified in the permit. (b)(5) of this section, the lands shall OSM announced receipt of the (b) New subsection (c)(14) has been equal or exceed the standards during the proposed amendment in the June 19, added to provide that for permits to be growing season of the last year of the 1996, Federal Register (61 FR 31071) issued under § 480–03–19.785.25 of this responsibility period. and in the same document opened the chapter, the permit application must Because the above proposed revisions public comment period and provided an contain: lands eligible for remining; an are identical in meaning to the opportunity for a public hearing on the identification of the potential corresponding Federal regulation, the adequacy of the proposed amendment. environmental and safety problems Director finds that Virginia’s proposed The public comment period closed on related to prior mining activity which rules are no less effective than the July 19, 1996. could reasonably be anticipated to occur Federal rule. 46554 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations

IV. Summary and Disposition of This final rule is being made effective which is the subject of this rule is based Comments immediately to expedite the State upon counterpart Federal regulations for program amendment process and to which an economic analysis was Public Comments encourage States to bring their programs prepared and certification made that The Director solicited public into conformity with the Federal such regulations would not have a comments and provided an opportunity standards without undue delay. significant economic effect upon a for a public hearing on the proposed Consistency of State and Federal substantial number of small entities. amendment. No public comments were standards is required by SMCRA. Accordingly, this rule will ensure that received, and because no one requested VI. Procedural Determinations existing requirements previously an opportunity to speak at a public promulgated by OSM will be hearing, no hearing was held. Executive Order 12866 implemented by the State. In making the Federal Agency Comments This rule is exempted from review by determination as to whether this rule the Office of Management and Budget would have a significant economic Pursuant to 30 CFR 732.17(h)(11)(i), (OMB) under Executive Order 12866 impact, the Department relied upon the the Director solicited comments on the (Regulatory Planning and Review). data and assumption for the counterpart proposed amendment from various Federal regulations. Federal agencies with an actual or Executive Order 12988 Unfunded Mandates potential interest in the Virginia The Department of the Interior has program. The U.S. Department of concluded the reviews required by This rule will not impose a cost of Agriculture, Natural Resources section 3 of Executive Order 12988 $100 million or more in any given year Conservation Service responded and (Civil Justice Reform) and has on any governmental entity or the recommended that the amendments be determined that, to the extent allowed private sector. accepted. The U.S. Fish and Wildlife by law, this rule meets the applicable Intergovernmental relations, Surface Service responded and stated that the standards of subsections (a) and (b) of mining, Underground mining. proposed regulatory changes are not that section. However, these standards Dated: August 14, 1996. likely to adversely affect threatened or are not applicable to the actual language Tim L. Dieringer, endangered species or critical habitats. of State regulatory programs and The U.S. Department of Labor, Mine Acting Regional Director, Appalachian program amendments since each such Regional Coordinating Center. Safety and Health Administration program is drafted and promulgated by (MSHA) responded and stated that the a special State, not by OSM. Under For the reasons set out in the amendments should be accepted. sections 503 and 505 of SMCRA (30 preamble, Title 30, Chapter VII, Subchapter T of the Code of Federal Environmental Protection Agency (EPA) U.S.C. 1253 and 1255) and 30 CFR 730.11, 732.15 and 732.17(h)(10), Regulations is amended as set forth Pursuant to 30 CFR 732.17(h)(11)(ii), decisions on proposed State regulatory below: OSM is required to obtain the written programs and program amendments concurrence of the EPA with respect to submitted by the States must be based PART 946ÐVIRGINIA those provisions of the proposed solely on a determination of whether the 1. The authority citation for Part 946 program amendment that relate to air or submittal is consistent with SMCRA and continues to read as follows: water quality standards promulgated its implementing Federal regulations Authority: 30 U.S.C. 1201 et seq. under the authority of the Clean Water and whether the other requirements of Act (33 U.S.C. 1251 et seq.) or the Clean 30 CFR Parts 730, 731, and 732 have 2. Section 946.15 is amended by Air Act (42 U.S.C. 7401 et seq.). The been met. adding paragraph (ll) to read as follows: Director has determined that this amendment contains no provisions in National Environmental Policy Act § 946.15 Approval of regulatory program these categories and that EPA’s No environmental impact statement is amendments. concurrence is not required. required for this rule since section * * * * * Pursuant to 732.17(h)(11)(i), OSM 702(d) of SMCRA [30 U.S.C. 1292(d)] (ll) The amendment to the Virginia solicited comments on the proposed provides that agency decisions on program concerning implementation of amendment from EPA on May 31, 1996. proposed State regulatory program the remining standards of the Federal EPA responded that the amendment was provisions do not constitute major Energy Policy Act of 1992 as submitted acceptable. Federal actions within the meaning of to OSM on May 28, 1996, is approved effective September 4, 1996. State Historical Preservation Officer section 102(2)(C) of the National (SHPO) and the Advisory Council on Environmental Policy Act (42 U.S.C. [FR Doc. 96–22448 Filed 9–3–96; 8:45 am] Historic Preservation (ACHP) 4332(2)(C)). BILLING CODE 4310±05±M Pursuant to 30 CFR 732.17(h)(4), OSM Paperwork Reduction Act solicited comments on the proposed This rule does not contain National Park Service amendment from the SHPO and ACHP. information collection requirements that They did not respond. require approval by OMB under the 36 CFR Parts 1 and 15 Paperwork Reduction Act (44 U.S.C. V. Director’s Decision RIN 1024±AC50 3507 et seq.). Based on the above finding(s), the Use of Environman and Human Figure Director approves the proposed Regulatory Flexibility Act and Design Symbol amendment as submitted by Virginia on The Department of the Interior has May 28, 1996. determined that this rule will not have AGENCY: National Park Service, Interior. The Federal regulations at 30 CFR a significant economic impact on a ACTION: Final rule. Part 946, codifying decisions concerning substantial number of small entities the Virginia program, are being under the Regulatory Flexibility Act (5 SUMMARY: The National Park Service amended to implement this decision. U.S.C. 601 et seq.). The State submittal (NPS) is adopting this final rule to Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46555 remove the regulations on the Therefore, 36 CFR Part 15 is no longer The NPS has determined and certifies ‘‘Environman’’ symbol and program needed and will be deleted from the pursuant to the Unfunded Mandates which was developed in the late 1960’s CFR. Reform Act, 2 U.S.C. 1502 et seq., that during the early days of the NPS this rule will not impose a cost of $100 Administrative Procedure Act Division of Environmental Education. million or more in any given year on The Environman symbol was developed In accordance with the local, State, or tribal governments or as the NPS symbol for environmental Administrative Procedure Act (5 U.S.C. private entities. education. Portions of the 553(b)(B)), the NPS is promulgating this The NPS has determined that this rule environmental education program never rule under the ‘‘good cause’’ exception will not have a significant effect on the materialized as envisioned, however, of the Act from general notice and quality of the human environment, and the Environman symbol was seldom comment rulemaking. As discussed health and safety because it is not used and has not been used since the above, the NPS believes this exception expected to: early 1970’s. Therefore, these is warranted because the existing (a) Increase public use to the extent of regulations are no longer necessary and regulations are no longer used. This compromising the nature and character will be removed from the CFR. A final rule will not impose any additional of the area or causing physical damage conforming amendment is also made to restrictions on the public and comments to it; the regulation regarding symbolic signs. on this rule are deemed unnecessary. (b) Introduce non-compatible uses EFFECTIVE DATE: The rule will become Based upon this discussion, the NPS which compromise the nature and effective on September 4, 1996. finds pursuant to 5 U.S.C. 533(b)(B) that characteristics of the area, or cause FOR FURTHER INFORMATION CONTACT: it would be contrary to the public physical damage to it; Dennis Burnett, Washington Office of interest to publish this rule through (c) Conflict with adjacent ownerships Ranger Activities, P.O. Box 37127, general notice and comment or land uses; or Washington, D.C. 20013–7127. rulemaking. (d) Cause a nuisance to adjacent Telephone 202–208–4874. The NPS also believes that publishing owners or occupants. this final rule 30 days prior to the rule SUPPLEMENTARY INFORMATION: Based on this determination, this final becoming effective would be rule is categorically excluded from the Background counterproductive and unnecessary for procedural requirements of the National On December 31, 1971, the NPS the reasons discussed above. A 30-day Environmental Policy Act (NEPA) by published in the Federal Register (36 delay in this instance would be Departmental regulations in 516 DM 6 FR 25406) a final rule adding a new Part unnecessary and contrary to the public (49 FR 21438). As such, neither an 15 to the CFR. The purpose of the rule interest. Therefore, under the ‘‘good Environmental Assessment (EA) nor an was to give notice that the name cause’’ exception of the Administrative Environmental Impact Statement (EIS) ‘‘Environman’’ and an Environman Procedure Act (5 U.S.C. 553(d)(3)), it has been prepared. symbol named ‘‘Human Figure and has been determined that this final Design’’, were owned and protected by rulemaking is excepted from the 30-day List of Subjects the U.S. Government. The symbol was delay in the effective date and will 36 CFR Part 1 to identify the role of the NPS in therefore become effective on the date promoting high-quality environmental published in the Federal Register. National parks, Penalties, Reporting education and to represent and Drafting Information. The primary author and recordkeeping requirements, Signs symbolize such activities. The ‘‘Human of this rule is Dennis Burnett, Washington and symbols. Figure and Design’’ was the official sign Office of Ranger Activities, National Park 36 CFR Part 15 to identify a National Environmental Service. Study Area (NESA). The name National parks, Signs and symbols. Paperwork Reduction Act ‘‘Environman’’ was used in connection In consideration of the foregoing, and with NESA’s and that name and the This final rule does not contain under the authority of 16 U.S.C. 1 and ‘‘Human figure and Design’’ were used collections of information requiring 5 U.S.C. 301, the NPS is amending 36 in connection with National approval by the Office of Management CFR Chapter I as follows: Environmental Education Developments and Budget under the Paperwork and National Environmental Education Reduction Act of 1995. PART 1ÐGENERAL PROVISIONS Landmarks. Compliance With Other Laws The regulation provided the necessary 1. The authority citation for part 1 protection of the symbol from This rule was not subject to Office of continues to read as follows: unauthorized use, while listing Management and Budget review under Authority: 16 U.S.C. 1, 3, 9a, 460 1–6a(e), guidelines for individuals wishing a Executive Order 12866. The Department 462(k); D.C. Code 8–137, 40–721 (1981) license to reproduce, manufacture, sell of the Interior determined that this § 1.10 [Amended] or use either ‘‘Environman’’ or the document will not have a significant ‘‘Human Figure and Design’’. Portions of economic effect on a substantial number 2. Section 1.10 is amended in the environmental education program of small entities under the Regulatory paragraph (b) by revising the second never materialized as envisioned, Flexibility Act (5 USC 601 et. seq.). The page of symbolic signs to read as however, and the Environman symbol economic effects of this rulemaking are follows: has not been used since the early 1970’s. nonexistent. BILLING CODE 4310±70±M 46556 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations

PART 15Ð[REMOVED] Dated: August 13, 1996. George T. Frampton, Jr., 3. 36 CFR Part is removed. Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 96–22430 Filed 9–3–96; 8:45 am] BILLING CODE 4310±70±C Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46557

FEDERAL COMMUNICATIONS FOR FURTHER INFORMATION, CONTACT: Respondents: State and local COMMISSION Jacqueline Spindler, Cable Services governments; small organizations; small Bureau, (202) 418–7200. For additional businesses. 47 CFR Parts 1 and 25 information concerning the information Number of Respondents for the Order: collections contained herein, contact 248. (100 requests for declaratory [CS Docket No. 96±83; IB Docket No. 95± Dorothy Conway at 202–418–0217, or rulings, 24 comments on requests, 100 59; FCC 96±328] via the Internet at [email protected]. petitions for wavers, 24 comments on Telecommunications Act of 1996; petitions.) SUPPLEMENTARY INFORMATION: This is a Estimated Time Per Response for the Preemption of Restrictions on Over- synopsis of the Commission’s R&O and Order: 2–5 hours. the-Air Reception Devices MO&O in CS Docket No. 96–83, IB Total Annual Burden for the Order: Docket No. 95–59, FCC No. 96–328, AGENCY: Federal Communications 844 hours. It is estimated that 50% of Commission. adopted August 5, 1996 and released declaratory rulings will be prepared August 6, 1996. The full text of this without outside counsel with a burden ACTION: Final rule. decision is available for inspection and of 5 hours each and 50% of parties will SUMMARY: The Report and Order copying during normal business hours hire outside counsel. The estimated (‘‘R&O’’) implements Section 207 of the in the FCC Reference Center (room 239), burden to coordinate information with Telecommunications Act of 1996. 1919 M Street, NW., Washington, DC outside counsel is 2 hours. 50 (50% Section 207 directs that the Commission 20554, and may be purchased from the without outside counsel) × 5 hours = shall: ‘‘pursuant to Section 303 of the Commission’s copy contractor, 250 hours. 50 (50% with outside Communications Act, promulgate International Transcription Service, counsel) × 2 hours = 100 hours. It is regulations to prohibit restrictions that (202) 857–3800, 1919 M Street, NW., estimated that 50% of comments on impair a viewer’s ability to receive Washington, DC 20554. This R&O and declaratory rulings will be prepared video programming services through MO&O contain proposed or modified without outside counsel with a burden devices designed for over-the-air information collections subject to the of 4 hours each and 50% of parties will reception of television broadcast signals, Paperwork Reduction Act of 1995 hire outside counsel. The estimated multichannel multipoint distribution (PRA). As part of our continuing effort burden to coordinate information with service or direct broadcast satellite to reduce paperwork burdens, we invite outside counsel is 2 hours. 12 (50% × services.’’ The R&O prohibits the general public and OMB to comment without outside counsel) 4 hours = 48 × restrictions that impair a viewer’s ability on the modified information collections hours. 12 (50% with outside counsel) to install, use and maintain devices contained in this Report and Order, as 2 hours = 24 hours. It is estimated that used to receive TVBS, MMDS and DBS required by the Paperwork Reduction 50% of petitions for waivers will be signals on property within the exclusive Act of 1995, Pub. L. 104–13. Public and prepared without outside counsel with use or control of the antenna user and agency comments are due on September a burden of 5 hours each and 50% of in which the user has a direct or 27, 1996; OMB comments are due parties will hire outside counsel. The indirect ownership interest. The November 4, 1996. Comments should estimated burden to coordinate Memorandum Opinion and Order address: (a) Whether the collection of information with outside counsel is 2 (MO&O) addresses petitions for information is necessary for the proper hours. 50 (50% without outside performance of the functions of the counsel) × 5 hours = 250 hours. 50 (50% reconsideration in IB Docket No. 95–59 × as they relate to implementation of Commission, including whether the with outside counsel) 2 hours = 100 Section 207. The intended effect of this information will have practical utility; hours. It is estimated that 50% of R&O and MO&O is to complete the (b) the accuracy of the Commission’s comments on waivers will be prepared implementation of Section 207 of the burden estimates; (c) ways to enhance without outside counsel with a burden Telecommunications Act of 1996. The the quality, utility, and clarity of the of 4 hours each and 50% of parties will R&O and MO&O will foster competition information collected; and (d) ways to hire outside counsel. The estimated among video programming service minimize the burden of the collection of burden to coordinate information with providers and will increase consumer information on the respondents, outside counsel is 2 hours. 12 (50% including the use of automated without outside counsel) × 4 hours = 48 options for receiving video × programming. collection techniques or other forms of hours. 12 (50% with outside counsel) information technology. 2 hours = 24 hours. EFFECTIVE DATE: Upon approval by the OMB Approval Number: 3060–0707. Estimated Costs Per Respondent for Office of Management and Budget the Order: It is estimated that 50 (OMB) of the new information Title: Preemption of Restrictions on requests for declaratory rulings, 12 collection requirements adopted herein, Over-the-Air Reception Devices—Report comments on requests for declaratory but no sooner than October 4, 1996. The and Order, Memorandum Opinion and rulings, 50 petitions for waivers and 12 Commission will publish a document at Order, and Further Notice of Proposed comments on petitions for waivers will a later date advising of the effective Rulemaking. be prepared each year through outside date. Type of Review: Revision of an counsel. The estimated annual costs are ADDRESSES: A copy of any comments on existing collection. The following are $89,400, illustrated as follows: 50 the information collections contained burden estimates for the Order portion declaratory rulings × 5 hours × $150/hr. herein should be submitted to Dorothy of the document, as well as the Further = $37,500. 12 comments on declaratory Conway, Federal Communications Notice of Proposed Rulemaking portion rulings × 4 hours × $150/hr. = $7,200. Commission, Room 234, 1919 M Street, of the document. We account for the 50 petitions for waivers × 5 hours × NW, Washington, DC 20054, or via the burdens estimates separately. If, in a $150/hr. = $37,500. 12 comments on Internet to [email protected], and to subsequent rulemaking, the proposed petitions for waivers × 4 hours × $150/ Timothy Fain, OMB Desk Officer, 10236 rules in the Further Notice of Proposed hr. = $7,200. NEOB, 725–17th Street, NW, Rulemaking are not adopted in part or Number of Respondents for the Washington, DC 20503 or via the in whole, the Commission will adjust its FNPRM: 248. (100 requests for Internet to [email protected]. burden estimates accordingly. declaratory rulings, 24 comments on 46558 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations requests, 100 petitions for waivers, 24 I. Synopsis of Report and Order, precludes reception of an acceptable comments on petitions.) Memorandum Opinion and Order quality signal. Estimated Time Per Response for the 1. On February 8, 1996, the 3. In the DBS Order and Further Notice of Proposed Rulemaking and FNPRM: 2–5 hours. Telecommunications Act of 1996 (‘‘1996 TVBS-MMDS Notice of Proposed Total Annual Burden for the FNPRM: Act’’) became law. Section 207 of the 1996 Act directs that the Commission Rulemaking, we proposed to preempt 844 hours. It is estimated that 50% of nongovernmental restrictions on DBS, declaratory rulings will be prepared shall, ‘‘pursuant to Section 303 of the Communications Act, promulgate TVBS, and MMDS reception devices, without outside counsel with a burden regulations to prohibit restrictions that and did not provide any recourse for of 5 hours each and 50% of parties will impair a viewer’s ability to receive nongovernmental authorities seeking to hire outside counsel. The estimated enforce their restrictions. In the rule we video programming services through burden to coordinate information with adopt today, we preempt devices designed for over-the-air outside counsel is 2 hours. 50 (50% nongovernmental restrictions on the reception of television broadcast signals, × same basis as governmental, and without outside counsel) 5 hours = multichannel multipoint distribution provide the same declaratory ruling and 250 hours. 50 (50% with outside service, or direct broadcast satellite × waiver opportunities to counsel) 2 hours = 100 hours. It is services.’’ In this Report and Order nongovernmental associations as we estimated that 50% of comments on (R&O) and Memorandum Opinion and offer to governmental authorities. The declaratory rulings will be prepared Order (MO&O) we consolidate two legislative history of Section 207 without outside counsel with a burden rulemaking proceedings, IB Docket No. of 4 hours each and 50% of parties will consists of the House Commerce 95–59, 11 FCC Rcd 5809 (1996) (61 FR Committee Report, which states clearly hire outside counsel. The estimated 10710) (DBS Order and Further Notice burden to coordinate information with that the provision applies to of Proposed Rulemaking), and CS nongovernmental restrictions, including outside counsel is 2 hours. 12 (50% Docket No. 96–83, 11 FCC Rcd 6357 × restrictive covenants and homeowners’ without outside counsel) 4 hours = 48 (1996) (61 FR 16890) (TVBS-MMDS hours. 12 (50% with outside counsel) × association rules. The final rule treats Notice of Proposed Rulemaking), to nongovernmental restrictions the same 2 hours = 24 hours. It is estimated that implement Section 207 with respect to 50% of petitions for waivers will be as governmental and establishes waiver direct broadcast satellite (‘‘DBS’’) and declaratory ruling processes. prepared without outside counsel with service, television broadcast signals 4. The rule we adopt creates a burden of 5 hours each and 50% of (‘‘TVBS’’) and multichannel multipoint exemptions for regulations serving parties will hire outside counsel. The distribution service (‘‘MMDS’’). We safety and historic preservation goals. estimated burden to coordinate adopt a rule that prohibits restrictions The rule that we adopted in the DBS information with outside counsel is 2 that impair a viewer’s ability to install, Order and Further Notice of Proposed hours. 50 (50% without outside maintain and use devices designed to Rulemaking and proposed in the TVBS- × counsel) 5 hours = 250 hours. 50 (50% receive these services on property MMDS Notice of Proposed Rulemaking × with outside counsel) 2 hours = 100 within the exclusive use or control of required that any governmental entity hours. It is estimated that 50% of the viewer and in which the viewer has seeking to enforce a restriction or comments on waivers will be prepared a direct or indirect property interest. regulation that affects reception secure a without outside counsel with a burden 2. In the DBS Order and Further declaration or waiver. Parties generally of 4 hours each and 50% of parties will Notice of Proposed Rulemaking and the agree that some restrictions are prima hire outside counsel. The estimated TVBS-MMDS Notice of Proposed facie justified, and we accordingly burden to coordinate information with Rulemaking we adopted and proposed a create exemptions for safety and historic outside counsel is 2 hours. 12 (50% rule, respectively, establishing a preservation regulations. While these without outside counsel) × 4 hours = 48 rebuttable presumption of restrictions must be tailored to impose hours. 12 (50% with outside counsel) × unreasonableness for restrictions on as little burden as possible on the use 2 hours = 24 hours. TVBS, MMDS and DBS. In the R&O, we of receiving devices, they are replace the presumptive approach with Estimated Costs Per Respondent for permissible even if they impair the a per se preemption of such restrictions. the FNPRM: It is estimated that 50 ability to receive video programming Although the rebuttable presumption requests for declaratory rulings, 12 services. was created in an effort to be less comments on requests for declaratory 5. To the extent that they receive intrusive in local government affairs, it rulings, 50 petitions for waivers and 12 video programming services, our rule was broadly viewed as creating applies to services closely related to comments on petitions for waivers will unsustainable burdens on all parties, DBS, TVBS and MMDS, including be prepared each year through outside including the Commission. medium-power satellite services using counsel. The estimated annual costs are Consequently, we replaced the antennas one meter or less in diameter $89,400, illustrated as follows: 50 rebuttable presumption approach with a or diagonal measurement to receive declaratory rulings × 5 hours × $150/hr. narrower, clearer preemption. In over-the-air video programming, and = $37,500. 12 comments on declaratory addition, the rule we adopt preempts multipoint distribution services (MDS), rulings × 4 hours × $150/hr. = $7,200. × × restrictions and regulations that instructional television fixed service 50 petitions for waivers 5 hours ‘‘impair’’ rather than ‘‘affect’’ reception, (ITFS) and local multipoint distribution $150/hr. = $37,500. 12 comments on × × in order to narrow the preemption and service (LMDS). Our rule defines DBS petitions for waivers 4 hours $150/ adhere more closely to the language of and MMDS by the size and shape of the hr. = $7,200. the statute. A law, regulation or services’ receiving devices, and Needs and Uses: Submitted restriction impairs installation, preempts restrictions on antennas one information will be used to evaluate maintenance or use of an antenna if it: meter or less in diameter or diagonal requests for declaratory ruling regarding (1) Unreasonably delays or prevents measurement. We also include masts in the reasonableness of state, local and installation, maintenance or use, (2) our definition of MMDS, and preempt nongovernmental restrictions, or to unreasonably increases the cost of restrictions on antennas that extend 12 requests for waiver of the rule. installation, maintenance or use, or (3) feet or less above the roofline; such Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46559 installations cannot require a permit or governmental and nongovernmental major impact on the rental property prior approval, absent a safety or regulations and restrictions on property industry. The question of the historic preservation reason. In within the exclusive use or control of applicability of Section 207 and our rule addition, governmental and the viewer in which the viewer has a to rental properties is raised in the nongovernmental authorities cannot direct or indirect ownership interest. Further Notice of Proposed Rulemaking. require permits or prior approvals for Our rule exempts regulations and 12. Several neighborhood associations installation of an antenna placed a restrictions which are clearly and suggest that our rule will have a distance at least as far from the lot line specifically designed to preserve safety negative economic impact on the value as the height of the antenna. Because or historic districts, allowing for the of their land and that such a prohibition there is no history of controversy enforcement of such restrictions even if would constitute a taking, requiring concerning their size or shape, we they impair a viewer’s ability to install, compensation under the Fifth decline to establish any size or shape maintain or use a reception device. Amendment of the Constitution. We do limits on TVBS antennas. However, 9. Summary and Assessment of Issues not believe that implementation of our TVBS antennas are subject to the same Raised by Commenters in Response to rule results in a taking of property. height limitations as MMDS and DBS. the Initial Regulatory Flexibility There is nothing in the record here to Analysis. The Commission, in its DBS indicate that nullifying a homeowner’s II. Regulatory Flexibility Analysis Order and Further Notice of Proposed ability to prevent his neighbor from 6. Pursuant to the Regulatory Rulemaking and TVBS-MMDS Notice of installing antennas has a measurable Flexibility Act of 1980, 5 U.S.C. 601– Proposed Rulemaking, invited comment economic impact on the homeowner’s 612, the Commission’s Regulatory on the IRFA and the potential economic property, nor that it interferes with Flexibility Analysis with respect to the impact the proposed rules would have investment-backed expectations. In R&O, MO&O is as follows: on small entities. NLC comments that support of the rule, several commenters As required by Section 603 of the the proposed rule would have a argue that the rule enhances the value Regulatory Flexibility Act, 5 U.S.C. 603 ‘‘substantial economic and of the homeowner’s property. (RFA), an Initial Regulatory Flexibility administrative impact’’ on over 37,000 13. The Commission also notes the Analysis (IRFA) was incorporated in the small local governments. NLC states that positive economic impact the new rule DBS Order and Further Notice of the proposed rule would require ‘‘local will have on many small businesses. Proposed Rulemaking and the TVBS- governments to amend their laws and to The new rule will allow small MMDS Notice of Proposed Rulemaking. file petitions at the FCC * * * for businesses that use video programming The Commission sought written public permission to enforce those laws.’’ services to select from a broader range comments on the proposals in the two 10. The Commission has modified its of providers, which could result in proceedings, including comments on proposed rule and has addressed the significant economic savings; because the IRFA. The Commission’s Final concerns raised by NLC by providing providers will be competing for Regulatory Flexibility Analysis (FRFA) greater certainty regarding the customers, more services will be in this Report and Order conforms to the application of the rule, and by clarifying available at lower prices. In addition, RFA, as amended by the Contract With that local regulations need not be small business video programming America Advancement Act of 1996 rewritten or amended. The Commission providers will be faced with fewer entry (CWAAA), Pub. L. 104–121, 110 Stat. recognizes that some regulations are hurdles, and will thus be able to 847. integral to local governments’ ability to develop their markets and compete 7. Need for Action and Objectives of protect the safety of its citizens. The more effectively, achieving one of the the Rule. The rulemaking implements rule that we adopt exempts restrictions purposes of Section 207. Section 207 of the Telecommunications clearly defined as necessary to ensure 14. Description and Estimate of the Act of 1996, Pub. L. No. 104–104, 110 safety, and permits enforcement of Number of Small Entities Impacted. The Stat. 56. Section 207 directs the safety restrictions during the pendency Regulatory Flexibility Act, 5 U.S.C. Commission to promulgate regulations of any challenges. In addition, limiting 601(3) (1980), defines the term ‘‘small to prohibit restrictions that impair a the rule’s scope to regulations that entity’’ as having the same meaning as viewer’s ability to receive video ‘‘impair,’’ rather than the proposed the terms ‘‘small business,’’ ‘‘small programming services through devices preemption of regulations that ‘‘affect,’’ organization,’’ and ‘‘small governmental designed for over-the-air reception of will minimize the impact on small local jurisdiction,’’ and ‘‘the same meaning as TVBS, MMDS and DBS. This action is governments, while effectively the term ‘small business concern’ under authorized under the Communications implementing Congress’ directive. section 3 of the Small Business Act.’’ A Act of 1934 section 1, as amended, 47 Finally, the inclusion in the Report and small business concern is one which: (1) U.S.C. 151, pursuant to the Order of examples of permissible and Is independently owned and operated; Communications Act of 1934 section prohibited restrictions will minimize (2) is not dominant in its field of 303, as amended, 47 U.S.C. 303, and by the need for local governments to operation; and (3) satisfies any Section 207 of the Telecommunications submit waiver or declaratory ruling additional criteria established by the Act of 1996. petitions to the Commission, decreasing Small Business Administration (SBA), 8. The Commission seeks to promote the potential economic burden. 15 U.S.C. 632 (1996). The rule we adopt competition among video service 11. Numerous apartment complexes today applies to small organizations and providers and to enhance consumer filed comments seeking clarification of small governmental jurisdictions, rather choice. To accomplish these objectives, Section 207’s impact on their lease than businesses. the Commission implements Congress’ terms. These filings express concern 15. The term ‘‘small governmental directive by adopting a rule that about the impact the rule will have on jurisdiction’’ is defined as ‘‘governments prohibits restrictions that impair a the rental property industry. This of * * * districts, with a population of viewer’s ability to install, maintain and Report and Order applies only to less than fifty thousand.’’ 5 U.S.C. use devices designed for over-the-air property in the exclusive control or use 601(5). There are 85,006 governmental reception of video programming through of the viewer and in which the viewer entities in the United States. United TVBS, MMDS, and DBS services. The has a direct or indirect ownership States Dept. of Commerce, Bureau of the rule that we adopt preempts interest. Thus, this Order will have no Census, 1992 Census of Governments. 46560 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations

This number includes such entities as small entities to varying extents. These Report and Order provides such clarity states, counties, cities, utility districts included a rebuttable presumption as will make the enforcement of the rule and school districts. We note that approach, the use of the term ‘‘affect’’ in the most efficient and least burdensome restrictions concerning antenna the rule, and a rule that allowed for for local governments, neighborhood installation are usually promulgated by adjudicatory proceedings in courts of associations, and this Commission. cities, towns and counties, not school or competent jurisdiction, all of which 21. In adopting the new rule, the utility districts. Of the 85,006 were adopted in the DBS Order and Commission rejected the alternative of governmental entities, 38,978 are Further Notice of Proposed Rulemaking preempting all restrictions that ‘‘affect’’ counties, cities and towns; and of those, and proposed in the TVBS–MMDS the reception of video programming 37,566, or 96%, have populations of Notice of Proposed Rulemaking. The services through devices designed for fewer than 50,000. The NLC estimates rule we adopt today replaces the over-the-air reception of TVBS, MMDS that there are 37,000 ‘‘small rebuttable presumption with a simpler and DBS services. The new rule governmental jurisdictions’’ that may be preemption approach, adheres to the prohibits only those local restrictions affected by the proposed rule. statutory language by using the term that ‘‘impair’’ a viewer’s ability to 16. Section 601(4) of the Regulatory ‘‘impair’’ rather than ‘‘affect’’ in the receive these signals and exempts Flexibility Act defines ‘‘small rule, and allows for adjudication at the restrictions necessary to ensure safety or organization’’ as ‘‘any not-for-profit Commission or in a court of competent to preserve historic districts. In defining enterprise which is independently jurisdiction. We believe that we have the term ‘‘impair’’ we reject the owned and operated and is not effectively minimized the rule’s interpretation that impair means dominant in its field.’’ 5 U.S.C. 601(4). economic impact on small entities. prevent because that definition would This definition includes homeowner not properly implement Congress’ 20. In the DBS Order and Further and condominium associations that objective of promoting competition. We Notice of Proposed Rulemaking and the operate as not-for-profit organizations. find that a restriction impairs a viewer’s TVBS–MMDS Notice of Proposed The Community Associations Institute ability to receive over-the-air video Rulemaking, we adopted and proposed, estimates that there were 150,000 programming signals, if it (a) respectively, a rebuttable presumption associations in 1993. Given the nature of unreasonably delays or prevents approach to governmental regulations, a neighborhood association, we assume installation, maintenance or use of a and proposed strict preemption of for the purposes of this FRFA that all device used for the reception of over- nongovernmental restrictions. We 150,000 associations are small the-air video programming signals by organizations. acknowledged in the DBS Order and DBS, TVBS, or MMDS; (b) unreasonably 17. Reporting, Recordkeeping, and Further Notice of Proposed Rulemaking increases the cost of installation, Other Compliance Requirements. The that a rule relying on a presumptive maintenance or use of such devices; (c) rule does not establish any filing approach would be more difficult to precludes reception of an acceptable requirements. However, state and local administer than a rule based upon a per quality signal. The use of the term governments and neighborhood se prohibition, and we sought comment impair will decrease the burden on associations promulgating regulations in the TVBS–MMDS Notice of Proposed small entities while implementing that are prohibited by this rule may seek Rulemaking on less burdensome Congress’ objective. declaratory rulings concerning the approaches. Under the rebuttable 22. In the DBS Order and Further validity of a restriction, or may request presumption approach, local Notice of Proposed Rulemaking and the waivers of the rule. Petitions for governments would have been required TVBS–MMDS Notice of Proposed declaratory ruling and requests for to request a declaratory ruling from the Rulemaking, we discussed the waiver will be considered through a Commission every time they sought to possibility of parties seeking judgment paper hearing process, and the initiating enforce or enact a restriction; and from either the Commission or a court petition will require only standard neighborhood associations would not of competent jurisdiction. The secretarial skills to prepare. have been able to enforce or enact any Commission is concerned about 18. If a governmental or restrictions that impaired a viewer’s uniformity in the application of our nongovernmental authority wishes to ability to receive the signals in question. rule, and about the financial burden that enforce a safety restriction, the rule The rebuttable presumption approach litigation might place on small entities. requires that the safety reasons for the was adopted to ensure the protection of While we cannot prohibit parties’ restrictions be clearly defined in the local interests, including local applications to courts of competent legislative history, preamble or text of governments. Based on the record, the jurisdiction, we address this concern by the restriction. Alternatively, the local Commission recognizes that the burden exercising our Congressional grant of entity may include a restriction on a list of rebutting a presumption could strain jurisdiction and implementing a waiver of safety restrictions related to antennas, the resources of local authorities. The process, and encouraging parties to use that is made available to interested Commission has rejected the rebuttable this approach rather than relying on parties (including those who wish to presumption approach for a less costly litigation. install antennas). Thus, governmental burdensome preemption approach. In 23. Waiver proceedings will be paper entities will not be required to amend addition we have provided recourse for hearings, allowing the Commission to their rules. Local officials may need both neighborhood associations and alleviate the negative potential time to review regulations to determine municipalities. The rule we adopt today economic impact from costly litigation. if the safety reasons are clearly defined provides for a per se prohibition of Further, any regulations necessary to the in the legislative history, preamble or restrictions that impair a viewer’s ability safeguarding of safety will remain text, or to create a list of applicable to install, maintain or use devices enforceable pending the Commission’s restrictions. designed for over-the-air reception of resolution of waiver requests. The 19. Steps Taken to Minimize the video programming services. Our Report Commission believes that the rule we Economic Impact on Small Entities and and Order provides examples of adopt today effectively implements Significant Alternatives Rejected. The reasonable regulations that can be Congress’ intent while minimizing any Commission considered various enforced without a waiver application. significant economic impact on small alternatives that would have impacted The Commission believes that the entities. Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46561

24. Report to Congress. The herein should be submitted to Dorothy burden estimates; (c) ways to enhance Commission shall send a copy of this Conway, Federal Communications the quality, utility and clarity of the Final Regulatory Flexibility Analysis, Commission, Room 234, 1919 M Street, information collected; and (d) ways to along with this Report and Order, in a NW, Washington DC 20554, or via the minimize the burden of collection of report to Congress pursuant to the Small Internet to [email protected], and to information on the respondents, Business Regulatory Enforcement Timothy Fain, OMB Desk Officer, 10236 including the use of automated Fairness Act of 1996, 5 U.S.C. NEOB, 725 17th Street, NW, collection techniques or other forms of § 801(a)(1)(A). A copy of this FRFA will Washington DC 20503 or via the information technology. In addition to l also be published in the Federal Internet to fain [email protected]. filing comments with the Secretary, a Register. IV. Ordering Clauses copy of any comments on the information collections contained III. Paperwork Reduction Act of 1995 28. Accordingly, it is ordered, herein should be submitted to Dorothy Analysis pursuant to sections 4(i), 4(j), and 303 Conway, Federal Communications 25. Final Paperwork Reduction Act of of the Communications Act of 1934, as 1995 Analysis. This Report and Order amended, 47 U.S.C. 154(i), 154(j), and Commission, Room 234, 1919 M Street, has been analyzed with respect to the 303, and section 207 of the NW, Washington DC 20554, or via the Paperwork Reduction Act of 1995 and Telecommunications Act of 1996, Internet to [email protected], and to found to contain an information Public Law No. 104–104, 110 Stat. 56, Timothy Fain, OMB Desk Officer, 10236 collection requirement on the public. that the rule discussed in this Report NEOB, 725 17th Street, NW, Implementation of an information and Order is adopted as § 1.4000 of the Washington, DC 20503 or via the l collection requirement is subject to Commission’s rules, 47 CFR 1.4000. Internet to fain [email protected]. approval by the Office of Management 29. It is further ordered that § 25.104 33. It is further ordered that the and Budget as prescribed by the Act. of the Commission’s rules, 47 CFR Secretary shall send a copy of this 26. In the DBS Order and Further 25.104, is amended as set forth below. Report and Order and Memorandum Notice of Proposed Rulemaking and the 30. It is further ordered that the Opinion and Order including the Final TVBS–MMDS Notice of Proposed Petitions for Reconsideration filed in IB Regulatory Flexibility Analysis, to the Rulemaking we proposed an Docket No. 95–59 by Alphastar Chief Counsel for Advocacy of the Small information collection process, utilizing Television Network, Inc.; County of Business Administration in accordance waivers and declaratory rulings, that has Boulder, State of Colorado; DIRECTV, with paragraph 603(a) of the Regulatory now been approved by the Office of Inc.; Florida League of Cities; Hughes Flexibility Act, Pub. L. 96–354, 94 Stat. Management and Budget (OMB). This Network Systems, Inc.; City of Dallas et 1164, 5 U.S.C. 601 et seq. (1981). Report and Order contains a modified al.; National League of Cities et al.; information collection that we believe is Primestar, Inc.; Satellite Broadcasting List of Subjects less burdensome. As part of our and Communications Association of continuing effort to reduce paperwork America; and United States Satellite 47 CFR Part 1 burdens, we invite the general public Broadcasting Co., to the extent that they Telecommunications, Television. and OMB to comment on the modified address issues related to section 207, are information collections contained in granted in part as discussed herein, and 47 CFR Part 25 this Report and Order, as required by are otherwise denied. the Paperwork Reduction Act of 1995, 31. It is further ordered that the Satellites. Pub. L. No. 104–13. Public and agency requirements and regulations Federal Communications Commission. comments are due on September 27, established in this decision shall William F. Caton, 1996; OMB comments are due become effective upon approval by the Acting Secretary. November 4, 1996. Comments should Office of Management and Budget address: (a) whether the collection of (OMB) of the new information Rule Changes information is necessary for the proper collection requirements adopted herein, performance of the functions of the but no sooner than October 4, 1996. Parts 1 and 25 of Title 47 of the Code Commission, including whether the 32. This Report and Order and of Federal Regulations are amended to information will have practical utility; Memorandum Opinion and Order read as follows: (b) the accuracy of the Commission’s contains a modified information 1. The authority citation for Part 1 is burden estimates; (c) ways to enhance collection. As part of our continuing revised to read as follows: the quality, utility, and clarity of the effort to reduce paperwork burdens, we information collected; and (d) ways to invite the general public and the OMB Authority: 47 U.S.C. 151, 154, 207, 303 and minimize the burden of the collection of to comment on the information 309(j) unless otherwise noted. information on the respondents, collections contained in this Report and 2. A new subpart S is added to part including the use of automated Order, as required by the Paperwork 1 to read as follows: collection techniques or other forms of Reduction Act of 1995, Pub. L. 104–13. information technology. Public and agency comments are due Subpart S—Preemption of Restrictions That 27. Written comments by the public September 27, 1996; OMB comments are ‘‘Impair’’ a Viewer’s Ability To Receive on the modified information collections due November 4, 1996. Comments Television Broadcast Signals, Direct are due on September 27, 1996. Written should address: (a) Whether the Broadcast Satellite Services or Multichannel comments must be submitted by the modified and proposed collections of Multipoint Distribution Services Office of Management and Budget information are necessary for the proper Sec. 1.4000. Restrictions impairing (OMB) on the proposed and/or modified performance of the functions of the reception of television broadcast signals, collections on or before November 4, Commission, including whether the direct broadcast satellite services or 1996. A copy of any comments on the information will have practical utility; multichannel multipoint distribution information collections contained (b) the accuracy of the Commission’s services. 46562 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations

Subpart SÐPreemption of Restrictions to the extent practicable in a non- the Commission must be supported by That ``Impair'' a Viewer's Ability To discriminatory manner to other affidavit of a person or persons with Receive Television Broadcast Signals, appurtenances, devices, or fixtures that actual knowledge thereof. An original Direct Broadcast Satellite Services or are comparable in size, weight and and two copies of all petitions and Multichannel Multipoint Distribution appearance to these antennas and to pleadings should be addressed to the Services which local regulation would normally Secretary, Federal Communications apply; or Commission, 1919 M St. § 1.4000. Restrictions impairing reception (2) It is necessary to preserve an NW.,Washington, DC 20554. Copies of of television broadcast signals, direct historic district listed or eligible for the petitions and related pleadings will broadcast satellite services or multichannel listing in the National Register of multipoint distribution services. be available for public inspection in the Historic Places, as set forth in the Cable Reference Room in Washington, (a)(1) Any restriction, including but National Historic Preservation Act of DC. Copies will be available for not limited to any state or local law or 1966, as amended, 16 U.S.C. 470a, and purchase from the Commission’s regulation, including zoning, land-use, imposes no greater restrictions on contract copy center, and Commission or building regulation, or any private antennas covered by this rule than are decisions will be available on the covenant, homeowners’ association rule imposed on the installation, Internet. or similar restriction on property within maintenance or use of other modern the exclusive use or control of the appurtenances, devices or fixtures that PART 25ÐSATELLITE antenna user where the user has a direct are comparable in size, weight, and COMMUNICATIONS or indirect ownership interest in the appearance to these antennas; and property, that impairs the installation, (3) It is no more burdensome to 1. The authority citation for Part 25 maintenance, or use of: An antenna that affected antenna users than is necessary continues to read as follows: is designed to receive direct broadcast to achieve the objectives described Authority: Sections 25.101 to 25.601 satellite service, including direct-to- above. issued under Sec. 4, 48 Stat. 1066, as home satellite services, that is one meter (c) Local governments or associations amended; 47 U.S.C. 154. Interpret or apply or less in diameter or is located in may apply to the Commission for a secs. 101–104, 76 Stat. 416–427; 47 U.S.C. Alaska; or an antenna that is designed waiver of this rule under § 1.3. Waiver 701–744; 47 U.S.C. 554. to receive video programming services requests will be put on public notice. via multipoint distribution services, The Commission may grant a waiver 2. Section 25.104 is amended by including multichannel multipoint upon a showing by the applicant of revising paragraph (b)(1) and adding distribution services, instructional local concerns of a highly specialized or new paragraph (f) to read as follows: television fixed services, and local unusual nature. No petition for waiver § 25.104 Preemption of local zoning of multipoint distribution services, and shall be considered unless it specifies earth stations. that is one meter or less in diameter or the restriction at issue. Waivers granted diagonal measurement; or an antenna in accordance with this section shall not * * * * * that is designed to receive television apply to restrictions amended or (b)(1) Any state or local zoning, land- broadcast signals; is prohibited, to the enacted after the waiver is granted. use, building, or similar regulation that extent it so impairs, subject to paragraph Any responsive pleadings must be affects the installation, maintenance, or (b) of this section. served on all parties and filed within 30 use of a satellite earth station antenna (2) For purposes of this section, a law, days after release of a public notice that that is two meters or less in diameter regulation or restriction impairs such petition has been filed. Any replies and is located or proposed to be located installation, maintenance or use of an must be filed within 15 days thereafter. in any area where commercial or antenna if it: (d) Parties may petition the industrial uses are generally permitted (i) Unreasonably delays or prevents Commission for a declaratory ruling by non-federal land-use regulation shall installation, maintenance or use, under § 1.2, or a court of competent be presumed unreasonable and is (ii) Unreasonably increases the cost of jurisdiction, to determine whether a therefore preempted subject to installation, maintenance or use, or particular restriction is permissible or paragraph (b)(2) of this section. No civil, (iii) Precludes reception of an prohibited under this section. Petitions criminal, administrative, or other legal acceptable quality signal. to the Commission will be put on public action of any kind shall be taken to (3) No civil, criminal, administrative, notice. Any responsive pleadings must enforce any regulation covered by this or other legal action of any kind shall be served on all parties and filed within presumption unless the promulgating be taken to enforce any restriction or 30 days after release of a public notice authority has obtained a waiver from the regulation prohibited by this section that such petition has been filed. Any Commission pursuant to paragraph (e) except pursuant to paragraph (c) or (d) replies must be filed within 15 days of this section, or a final declaration of this section. No fine or other thereafter. from the Commission or a court of penalties shall accrue against an (e) In any Commission proceeding competent jurisdiction that the antenna user while a proceeding is regarding the scope or interpretation of presumption has been rebutted pursuant pending to determine the validity of any any provision of this section, the burden to paragraph (b)(2) of this section. restriction. of demonstrating that a particular * * * * * (b) Any restriction otherwise governmental or nongovernmental prohibited by paragraph (a) of this restriction complies with this section (f) a satellite earth station antenna that section is permitted if: and does not impair the installation, is designed to receive direct broadcast (1) It is necessary to accomplish a maintenance or use of devices designed satellite service, including direct-to- clearly defined safety objective that is for over-the-air reception of video home satellite services, that is one meter either stated in the text, preamble or programming services shall be on the or less in diameter or is located in legislative history of the restriction or party that seeks to impose or maintain Alaska is covered by the regulations in described as applying to that restriction the restriction. § 1.4000 of this chapter. in a document that is readily available (f) All allegations of fact contained in [FR Doc. 96–22494 Filed 9–3–96; 8:45 am] to antenna users, and would be applied petitions and related pleadings before BILLING CODE 6712±01±P Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46563

47 CFR Part 73 in its notification the contingencies EFFECTIVE DATE: October 4, 1996. involved. [MM Docket No. 87±267] FOR FURTHER INFORMATION CONTACT: 3. Section 73.3571(c)(1) is amended Roger Noel or Ira Keltz of the Radio Broadcast Services; Correction by redesignating paragraphs (c)(1) and Commission’s Wireless (c)(2) as (c)(2) and (c)(3), and by adding Telecommunications Bureau at (202) AGENCY: Federal Communications new paragraph (c)(1) to read as follows: 418–0680 or via email at Commission. § 73.3571 Processing of AM broadcast [email protected]. ACTION: Correcting amendments. station applications. [Corrected] SUPPLEMENTARY INFORMATION: This is a SUMMARY: This document contains * * * * * summary of the Commission’s Report corrections to the final rules that were (c) * * * and Order, FCC 96–315, adopted July published Thursday, December 12, 1991 (1) In order to grant a major or minor 25, 1996, and released August 2, 1996. (56 FR 64842). The rules related to change application made contingent The full text of this Report and Order improvement of the AM broadcast upon the grant of another licensee’s is available for inspection and copying service. request for a facility modification, the during normal business hours in the Commission will not consider mutually FCC Reference Center (Room 239) 1919 EFFECTIVE DATE: April 19, 1992. exclusive applications by other parties M Street, NW., Washington, DC. The FOR FURTHER INFORMATION CONTACT: that would not protect the currently complete text may be purchased from William A. Dever, (202) 418–2689. authorized facilities of the contingent the Commission’s copy contractor, ITS, SUPPLEMENTARY INFORMATION: applicants. Such major change Inc., 2100 M Street NW., Suite 140, applications remain, however, subject to Washington, DC 20037, telephone (202) Background the provisions of §§ 73.3580 and 1.1111. 857–3800. The final rules that are the subject of The Commission shall grant contingent Summary of Order these corrections were adopted in the requests for construction permits for Federal Communications Commission’s station modifications only upon a 1. The 216–220 MHz band was Report and Order in MM Docket No. 87– finding that such action will promote originally allocated to the AMTS to 267, which was published on December the public interest, convenience and provide automated, integrated, 12, 1991 (56 FR 64842). The rules, necessity. interconnected ship-to-shore which related generally to improvement * * * * * communications for vessel operators. of the AM broadcast service, were William F. Caton, The 216–217 MHz portion of the band, however, was found to be unusable by intended to include all of the rules Acting Secretary. adopted in the Commission’s Report high power AMTS coast stations within [FR Doc. 96–22429 Filed 9–3–96; 8:45 am] and Order in MM Docket No. 89–46, 105 miles of TV channel 13 stations, which were published on August 13, BILLING CODE 6712±01±U which operate on the immediately 1990 (55 FR 32922), and which adjacent 210–216 MHz band, due to the provided for interference reduction 47 CFR Parts 80 and 95 potential for harmful interference. On between AM broadcast stations. May 16, 1995, the Commission released [WT Docket No. 95±56; FCC 96±315] a Notice of Proposed Rule Making, 60 Need for Correction FR 28079 (May 30, 1995), in this The amendatory text accompanying Amendment of the Commission's proceeding proposing to permit the the Report and Order in MM Docket No. Rules Concerning Low Power Radio shared use of the 216–217 MHz band for 87–267 omitted two provisions that and Automated Maritime a new LPRS and low power AMTS were adopted in MM Docket No. 89–46, Telecommunications System communications. and that were intended to be included Operations in the 216±217 MHz Band 2. This action authorizes use of the in the final rules in MM Docket No. 87– AGENCY: Federal Communications 216–217 MHz band for a new service, 267. Commission. the LPRS, for auditory assistance, radio- Correction of Publication ACTION: Final rule. based health care, law enforcement tracking, and AMTS point-to-point Accordingly, 47 CFR Part 73 is SUMMARY: This action amends the network control communications. LPRS corrected by making the following maritime service and personal radio transmitters will be authorized on a correcting amendments: service rules to permit the shared use of secondary, non-interference, basis and the 216–217 MHz band on a secondary, must not cause harmful interference to PART 73ÐAMENDED non-interference basis, for a new Low TV receivers within the Grade B contour 1. The authority citation for Part 73 Power Radio Service (LPRS) to include of any TV channel 13 station or cause continues to read as follows: auditory assistance devices, health care harmful interference to the United assistance devices, law enforcement States Navy’s Space Surveillance Authority: 47 U.S.C. 154 and 303. tracking systems, and automated System (SPASUR) operating in the § 73.1750 [Corrected] maritime telecommunications system 216.88–217.08 MHz band. 2. Section 73.1750 is amended to add (AMTS) point-to-point network control 3. Rather than licensing each station the following language at the end to communications. The effect of this rule individually, this action authorizes read as follows: is to: increase educational opportunities LPRS transmitters by rule under the and access to telecommunications Citizens Band Radio Service in Part 95 § 73.1750 Discontinuance of operation. devices for persons with disabilities; of the Commission’s rules. This *** If a licensee surrenders its facilitate health care services, strengthen approach greatly reduces administrative license pursuant to an interference law enforcement, and maximize and economic burdens for individuals reduction arrangement, and its efficiency in the use of AMTS coast and organizations that will use LPRS surrender is contingent upon the grant stations frequencies. This action systems by not requiring them to file of another application, the licensee promotes effective utilization of license applications and remit fees to surrendering the license must identify presently unused radio spectrum. the Commission prior to using these low 46564 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations power devices. Although these devices 303(r), and 307(e) of the individuals and could deter them from may be used anywhere in the United Communications Act of 1934, as using LPRS systems. Small business States, its territories, and possessions, amended, 47 U.S.C. §§ 154(i), 302, commenters also noted that the LPRS devices may only be operated as 303(r), and 307(e). Commission should channelize the 216– follows: for auditory assistance 217 MHz band in order to promote the Final Regulatory Flexibility Analysis communications (including but not conversion of existing equipment limited to applications such as assistive As required by Section 603 of the (operating in 72–76 MHz band) to the listening devices, audio description for Regulatory Flexibility Act, 5 U.S.C. higher band and the rapid deployment the blind, and simultaneous language § 603 (RFA), an Initial Regulatory of auditory assistance systems. Further, translation); for health care related Flexibility Analysis (IRFA) was small business commenters asked the communications; for law enforcement incorporated in the Notice of Proposed Commission to eliminate the tracking purposes; and for AMTS point- Rule Making. The Commission sought requirement for LPRS transmitters to to-point network control written public comments on the employ crystal oscillators to control communications. proposals in the Notice of Proposed frequency stability. These small 4. In order to promote flexible use of Rule Making, including on the IRFA. business commenters noted that there the 216–217 MHz band, the LPRS The Commission’s Final Regulatory may be other technologies that may be channel plan accommodates a variety of Flexibility Analysis (FRFA) in this economically and technically viable, channel bandwidths and technologies. Report and Order conforms to the RFA, while providing adequate frequency We believe that this flexible channel as amended by the Contract With control. The Commission carefully plan will allow consumers to choose America Advancement Act of 1996 considered each of these comments in equipment that best suits their needs. (CWAAA), Public Law No. 104–121, 110 reaching the decisions set forth in this The channel plan permits LPRS Stat. 847 (1996). Notice. transmitters (excluding AMTS) to utilize I. Need For and Purpose of this Action 40 twenty-five kilohertz (standard band) III. Changes Made to the Proposed Rules channels, 20 fifty kilohertz (extra band) Our objective is to permit the shared In the Notice of Proposed Rule channels, or 200 five kilohertz (narrow use of the 216–217 MHz band on a Making, the Commission proposed to band) channels. These channels are secondary basis by a new Low Power generally license LPRS stations overlapping and extend throughout the Radio Service (LPRS)—consisting of regionally based on Metropolitan entire one megahertz band. AMTS auditory assistance devices, health care Statistical Areas (MSAs) and Rural transmissions, however, will be limited aids, law enforcement tracking systems Service Areas (RSAs), with the AMTS to the 216.750–217.000 MHz band and and AMTS point-to-point network stations licensed under the Maritime may use this entire segment as a single control communications. This action Service Rules in Part 80 and two of the wideband channel or may use any of the will: (1) promote the utilization of law enforcement tracking channels three channelizations described above. presently unused spectrum; (2) speed under the Police Radio Service in Part In order to minimize the potential for development and delivery of advanced 90. The Commission also proposed to harmful interference to TV reception telecommunications devices for persons require the public to apply for these and federal government radar, all LPRS with disabilities and illnesses; (3) licenses using FCC Form 600 or FCC transmissions are limited to 100 promote the development of tools for Form 503 (AMTS only). However, the milliwatts effective radiated power and use by federal, state, and local law Commission here determines that the must comply with the out of band enforcement agencies in retrieving public interest is served by licensing all emission and frequency stability stolen goods and deterring crime; and LPRS stations by rule, rather than requirements as described in the final (4) increase system efficiency in the individually. The Commission proposed rules. AMTS. to divide the 216–217 MHz band into 5. This rule is necessary in order to In creating a new LPRS, we find that 40, twenty-five kilohertz channels. In provide for the utilization of presently the potential benefits to persons with order to promote technical flexibility unused radio spectrum. This action also disabilities and illnesses, the law and allow consumers to choose among furthers the goals of the Americans with enforcement community, and vessel a broader range of low power Disabilities Act of 1990 and the operators exceed any negative effects equipment, the Commission decided to Technology-Related Assistance for that may result from the promulgation instead divide the band into 40, twenty- Individuals with Disabilities Act of rules for this purpose. Thus, we five kilohertz channels (standard band), Amendments of 1994 by promoting the conclude that the public interest is 20, fifty kilohertz channels (extra band), development and use of affordable served by creating a new LPRS in the 200, five kilohertz channels telecommunications devices by persons 216–217 MHz band. (narrowband), and permit AMTS with disabilities in places such as operations in the highest two hundred educational settings, public gathering II. Summary of Issues Raised by the fifty kilohertz block of the band. The places, and health care facilities. Public Comments in Response to the Commission proposed to permit 100 Additionally, this action promotes the Initial Regulatory Flexibility Analysis milliwatt and 1 watt transmissions in development of state-of-the-art law (IRFA) the lower and upper portions of the enforcement tools that will facilitate the No comments were filed in direct 216–217 MHz band, respectively. Based reduction of crime and law enforcement response to the IRFA. In general on the comments, however, the costs by expediting the retrieval of comments on the Notice of Proposed Commission decides to instead limit stolen goods and apprehension of Rule Making, however, some small LPRS transmitter power to 100 suspects. Finally, this action benefits business commenters raised issues that milliwatts. The Commission also vessel operators on our nation’s might affect small entities. In particular, deviates from the proposed rules to waterways by increasing the efficiency some small business commenters argued expand the scope of the LPRS to include of channel usage for AMTS coast that requiring very low power LPRS auditory assistance services for all stations. devices to be licensed by the persons in educational settings and 5. This Report and Order is issued Commission would be overly persons that require language under the authority of sections 4(i), 302, burdensome on small entities and translation in any setting. The Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46565

Commission decides not to specify the the new LPRS. Further, any entity may V. Summary of Projected Reporting, means by which manufacturers may choose to manufacture LPRS equipment. Recordkeeping and Other Compliance provide for frequency stability in LPRS Further, 12,161 of the 12,654 wholesale Requirements transmitters. Finally, the Commission electronic parts and equipment firms In order to facilitate operation of determines that it is unnecessary for have fewer than 100 employees, and AMTS licensees to notify channel 13 TV LPRS devices without individual would be classified as small entities. licenses, we are imposing four separate stations of proposed LPRS point-to- Therefore, for purposes of our point operations other than those regulatory burdens that may affect small evaluations and conclusions in this businesses. stations that were not originally notified Final Regulatory Flexibility Analysis, (1) Prior to marketing an LPRS device at licensing. we estimate that there are at least 13,086 in the U.S., a manufacturer must have potential manufacturers or importers of IV. Description and Estimate of the the unit type accepted by the LPRS equipment which are small Small Entities Subject to the Rules Commission under the technical criteria The rules adopted in this Report and businesses, as that term is defined by set forth in the final rules. The criteria Order will apply to small businesses the Small Business Administration. include channel specifications and that choose to use, manufacturer, B. Estimates for AMTS Licensees emission limitations that will facilitate design, import, or sell auditory the shared use of the 216–217 MHz assistance devices, radio-based health The Commission has not developed a band by a diverse group of users. All care aids, law enforcement tracking definition of small entities specifically classes of small businesses could systems, or AMTS point-to-point applicable to AMTS licensees. potentially be affected by this transmitters. There is no requirement, Therefore, the applicable definition of requirement. In order to have a unit type however, for any entity to use or small entity is the definition under the accepted, a small entity would have to produce these types of products. Small Business Administration rules test the radio equipment and provide A. Estimates for LPRS Manufacturers/ applicable to radiotelephone service clerical support to file the requisite FCC Importers providers. This definition provides that application forms. Both of these a small entity is any entity employing functions could be handled by a third The Commission has not developed a party. definition of small entities specifically less than 1,500 persons. See 13 CFR applicable to LPRS manufacturers and § 121.201, Standard Industrial (2) Each LPRS transmitter sold must importers. Therefore, the applicable Classification (SIC) Code 4812. Since have included with it the following definition of small entity is the the Regulatory Flexibility Act statement: ‘‘This transmitter is definition under the Small Business amendments were not in effect until the authorized by rule under the Low Power Administration rules applicable to radio record in this proceeding was closed, Radio Service (47 C.F.R. Part 95) and and television broadcasting and the Commission was unable to request must not cause harmful interference to communications equipment information regarding the number of TV reception or United States Navy manufacturers. This definition provides small AMTS businesses and is unable at SPASUR installations. You do not need that a small entity is any entity this time to determine the precise an FCC license to operate this employing less than 750 persons. See 13 number of AMTS firms which are small transmitter. This transmitter may only CFR § 121.201, Standard Industrial businesses. be used to provide: auditory assistance to persons with disabilities, persons Classification (SIC) Code 3663. The size data provided by the Small Additionally, the Small Business who require language translation, or Business Administration does not persons in educational settings; health Administration rules state that enable us to make a meaningful estimate wholesale electronic parts and care services to the ill; law enforcement of the number of AMTS firms which are tracking services under agreement with equipment firms must have 100 or fewer small businesses. Therefore, we used employees in order to qualify as a small a law enforcement agency; or automated the 1992 Census of Transportation, business entity. See 13 CFR § 121.201. maritime telecommunications system Communications, and Utilities, Since the Regulatory Flexibility Act (AMTS) network control conducted by the Bureau of the Census, amendments were not in effect until the communications Two-way voice which is the most recent information record in this proceeding was closed, communications and all other types of available. This document shows that the Commission was unable to request uses are expressly prohibited.’’ All information regarding the number of only 12 radiotelephone firms out of a classes of small businesses could small entities that may choose to total of 1,178 such firms which operated potentially be affected. Because the manufacture LPRS equipment and is during 1992 had 1,000 or more Commission is providing specific unable at this time to make a employees. There are three AMTS language to be included with each meaningful estimate of the number of licensees which are authorized on an device, a small business would need potential manufacturers which are small exclusive basis along the Mississippi clerical support to add this language to businesses. River, portions of the West Coast, and the instruction manual for the device. The 1992 Census of Manufacturers, nearly the entire East Coast. Because (3) Unless the transmitter is so small conducted by the Bureau of Census, most of the nation’s coastline has or will as to make this requirement impractical, which is the most comprehensive and be covered by the present licensees, it each LPRS transmitter sold must bear recent information available, shows that is unlikely that a large number of the following statement in a approximately 925 out of the 948 additional licenses will be authorized in conspicuous location on the device: entities manufacturing radio and the future. Therefore, for purposes of ‘‘This device may not interfere with TV television transmitting equipment in our evaluations and conclusions in this reception or federal government radar, 1992 employed less than 750 persons. Final Regulatory Flexibility Analysis, and must accept any interference We are unable to discern from the we estimate that there are three AMTS received, including interference that Census data precisely how many of licensees which are small businesses, as may cause undesired operation.’’ The these manufacturers produce devices that term is defined by the Small Commission does not specifiy whether similar to those that will be used under Business Administration. this statement must be inscribed into 46566 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations the unit or attached via a label or molded into the transmitter unit. This 1064–1068, 1081–1105, as amended; 47 sticker. action reduces burdens and increases U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST (4) AMTS licensees must notify, in flexibility for manufacturers that are 4726, 12 UST 2377. writing, each television station that may also small entities. 2. Section 80.385 is amended by be affected by these new low power VII. Significant Alternatives Considered revising footnote 2 to the table in operations. There is no need, however, paragraph (a)(2) to read as follows: for AMTS licensees to renotify and Rejected television stations that were previously The Commission considered and § 80.385 Frequencies for automated alerted concerning AMTS operations in rejected several significant alternatives. systems. their areas. The Commission rejected the alternative * * * * * of requiring LPRS transmitters to be (a) * * * VI. Steps Taken to Minimize the licensed individually because it (2) * * * Significant Economic Impact on Small determined that such a procedure 2 Coast station operation on frequencies in Entities would not further spectrum Groups C and D are not currently assignable The Commission in this proceeding management or enforcement goals and and are shared on a secondary basis with the has considered comments on ways to Low Power Radio Service in part 95 of this would place administrative and chapter. Frequencies in the band 216.750– implement a new LPRS. In doing so, the economic burdens on the public. The 217.000 MHz band are available for low Commission has adopted alternatives Commission also rejected the alternative power point-to-point network control which minimize burdens placed on of permitting one-watt transmissions in communications by AMTS coast stations small entities. First, it has decided not the 216–217 MHz band because of the under the Low Power Radio Service (LPRS). to require LPRS transmitters to be potential for harmful interference to TV LPRS operations are subject to the conditions individually licensed, as proposed in reception. Finally, the Commission that no harmful interference is caused to the the Notice of Proposed Rule Making in rejected the alternative of requiring the United States Navy’s SPASUR radar system this proceeding. This approach use of crystal oscillators because there (216.88–217.08 MHz) or to TV reception within the Grade B contour of any TV eliminates the need for small entities are other technologies that can control and individuals to apply for a license channel 13 station or within the 68 dBu frequency stability that may be cheaper predicted contour of any low power TV or and remit processing fees. Second, as and just as efficient to implement. By TV translator station operating on channel the small business commenters point rejecting these alternatives, the 13. out, dividing the 216–217 MHz band Commission seeks to provide flexibility * * * * * into forty, twenty-five kilohertz in the licensing and design of these low channels will allow existing equipment power transmitters while eliminating PART 95ÐPERSONAL RADIO designs (e.g., 72–76 MHz band unnecessary regulatory burdens for SERVICES equipment) to be converted to permit small entities. operation in the higher band. This 1. The authority citation for Part 95 approach promotes the rapid delivery of VIII. Report to Congress continues to read as follows: LPRS devices to the public with a The Commission shall send a copy of Authority: Secs. 4, 303, 48 Stat. 1066, minimum negative impact on this Final Regulatory Flexibility 1082, as amended; 47 U.S.C. 154, 303. manufacturers who are small Analysis, along with this Report and 2. Section 95.401 is amended by businesses. Third, it has decided not to Order, in a report to Congress pursuant adding paragraph (c) to read as follows: require LPRS transmitter stability to be to the Small Business Regulatory controlled by crystal oscillators. This Enforcement Fairness Act of 1996, 5 § 95.401 (CB Rule 1) What are the Citizens approach permits manufacturers to use U.S.C. § 801(a)(1)(A). A copy of this Band Radio Services? other technologies that may be cheaper FRFA will also be published in the * * * * * to implement and can provide Federal Register. (c) The Low Power Radio Service equivalent, if not better, control of a (LPRS)—a private, short-distance List of Subjects unit’s operating frequency. Fourth, it communication service providing has decided not to require AMTS 47 CFR Part 80 auditory assistance to persons with licensees to renotify broadcast licensees Communications equipment, Radio, disabilities, persons who require prior to commencing point-to-point Vessels. language translation, and persons in operations under the LPRS. educational settings, health care Renotification is unnecessary because 47 CFR Part 95 assistance to the ill, law enforcement AMTS applicants already notify affected Communications equipment, Radio. tracking services in cooperation with broadcast licensees prior to licensing. Federal Communications Commission. law enforcement, and point-to-point Further, it is unlikely that AMTS point- network control communications for William F. Caton, to-point operations will affect broadcast Automated Marine Telecommunications licensees that have not already been Acting Secretary. System (AMTS) coast stations licensed notified. This action eliminates Rule Changes under part 80 of this chapter. The rules unnecessary economic and Parts 80 and 95 of Chapter I of Title for this service are listed under subpart administrative burdens for AMTS G of this part. Two-way voice providers that are also small businesses. 47 of the Code of Federal Regulations are amended as follows: communications are prohibited. Fifth, the Commission has taken steps to 3. Section 95.601 is revised to read as minimize the economic burdens PART 80ÐSTATIONS IN THE follows: associated with the labeling requirement MARITIME SERVICES found in § 95.1017. The Commission § 95.601 Basis and purpose. minimized the number of words to be 1. The authority citation for Part 80 This section provides the technical included in the label (half the number continues to read as follows: standards to which each transmitter of words required for similar devices Authority: Secs. 4, 303, 48 Stat. 1066, (apparatus that converts electrical under Part 15 of our rules) and did not 1082, as amended; 47 U.S.C. 154, 303, unless energy received from a source into RF require the words to be engraved or otherwise noted. Interpret or apply 48 Stat. (radio frequency) energy capable of Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46567 being radiated) used or intended to be Center within a frequency stability of 50 parts used in a station authorized in any of Channel No. frequency per million. the Personal Radio Services must (MHz) (d) Narrowband channels. comply. This section also provides (1) The following table indicates 7 ...... 216.1625 requirements for obtaining type narrowband frequencies. The channel 8 ...... 216.1875 bandwidth is 5 kHz and the authorized acceptance or type certification for such 9 ...... 216.2125 transmitters. The Personal Radio 10 ...... 216.2375 bandwidth is 4 kHz. Services are the GMRS (General Mobile 11 ...... 216.2625 Radio Service)—subpart A, the Family 12 ...... 216.2875 Center 13 ...... 216.3125 Channel No. frequency Radio Service (FRS)—subpart B, the R/ (MHz) C (Radio Control Radio Service)— 14 ...... 216.3375 subpart C, the CB (Citizens Band Radio 15 ...... 216.3625 61 ...... 216.0025 Service)—subpart D, and the Low Power 16 ...... 216.3875 62 ...... 216.0075 17 ...... 216.4125 Radio Service (LPRS)—subpart G. 63 ...... 216.0125 18 ...... 216.4375 64 ...... 216.0175 4. Section 95.603 is amended by 19 ...... 216.4625 adding paragraph (e) to read as follows: 65 ...... 216.0225 20 ...... 216.4875 66 ...... 216.0275 21 ...... 216.5125 § 95.603 Type acceptance or certification 67 ...... 216.0325 22 ...... 216.5375 required. 68 ...... 216.0375 23 ...... 216.5625 69 ...... 216.0425 * * * * * 24 ...... 216.5875 70 ...... 216.0475 (e) Each Low Power Radio Service 25 ...... 216.6125 71 ...... 216.0525 transmitter (a transmitter that operates 26 ...... 216.6375 72 ...... 216.0575 or is intended to operate in the LPRS) 27 ...... 216.6625 73 ...... 216.0625 must be type accepted. 28 ...... 216.6875 74 ...... 216.0675 5. Section 95.605 is revised to read as 29 ...... 216.7125 75 ...... 216.0725 follows: 30 ...... 216.7375 76 ...... 216.0775 31 ...... 216.7625 77 ...... 216.0825 § 95.605 Type acceptance and certification 32 ...... 216.7875 78 ...... 216.0875 procedures. 33 ...... 216.8125 79 ...... 216.0925 Any entity may request type 34 ...... 216.8375 80 ...... 216.0975 acceptance for its transmitter when the 35 ...... 216.8625 81 ...... 216.1025 36 ...... 216.8875 82 ...... 216.1075 transmitter is used in the GMRS, R/C, 37 ...... 216.9125 CB, IVDS, or LPRS following the 83 ...... 216.1125 38 ...... 216.9375 84 ...... 216.1175 procedures in part 2 of this chapter. 39 ...... 216.9625 85 ...... 216.1225 Any entity may request certification 40 ...... 216.9875 86 ...... 216.1275 for its transmitter when the transmitter 87 ...... 216.1325 is used in the FRS following the (2) LPRS transmitters operating on 88 ...... 216.1375 procedures in part 2 of this chapter. standard band channels must be 89 ...... 216.1425 6. Sections 95.629 through 95.671 are maintained within a frequency stability 90 ...... 216.1475 redesignated as 95.631 through 95.673 of 50 parts per million. 91 ...... 216.1525 respectively, and a new Section 95.629 (c) Extra band channels. 92 ...... 216.1575 is added to read as follows: (1) The following table indicates extra 93 ...... 216.1625 94 ...... 216.1675 band frequencies. The channel 95 ...... 216.1725 § 95.629 LPRS transmitter frequencies. bandwidth is 50 kHz. (a) LPRS transmitters may operate on 96 ...... 216.1775 97 ...... 216.1825 any frequency listed in paragraphs (b), Center 98 ...... 216.1875 (c), and (d) of this section. Channels 19, Channel No. frequency 99 ...... 216.1925 20, 50, and 151–160 are available (MHz) 100 ...... 216.1975 exclusively for law enforcement 101 ...... 216.2025 41 ...... 216.025 102 ...... 216.2075 tracking purposes. AMTS transmissions 42 ...... 216.075 are limited to the 216.750–217.000 MHz 103 ...... 216.2125 43 ...... 216.125 104 ...... 216.2175 band for low power point-to-point 44 ...... 216.175 network control communications by 105 ...... 216.2225 45 ...... 216.225 106 ...... 216.2275 AMTS coast stations. Other AMTS 46 ...... 216.275 107 ...... 216.2325 transmissions in the 216–217 MHz band 47 ...... 216.325 108 ...... 216.2375 are prohibited. 48 ...... 216.375 109 ...... 216.2425 (b) Standard band channels. 49 ...... 216.425 110 ...... 216.2475 (1) The following table indicates 50 ...... 216.475 111 ...... 216.2525 standard band frequencies. The channel 51 ...... 216.525 112 ...... 216.2575 bandwidth is 25 kHz. 52 ...... 216.575 113 ...... 216.2625 53 ...... 216.625 114 ...... 216.2675 54 ...... 216.675 Center 115 ...... 216.2725 Channel No. frequency 55 ...... 216.725 116 ...... 216.2775 (MHz) 56 ...... 216.775 117 ...... 216.2825 57 ...... 216.825 118 ...... 216.2875 1 ...... 216.0125 58 ...... 216.875 119 ...... 216.2925 2 ...... 216.0375 59 ...... 216.925 120 ...... 216.2975 3 ...... 216.0625 60 ...... 216.975 121 ...... 216.3025 4 ...... 216.0875 122 ...... 216.3075 5 ...... 216.1125 (2) LPRS transmitters operating on 123 ...... 216.3125 6 ...... 216.1375 extra band channels must be maintained 124 ...... 216.3175 46568 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations

Center Center § 95.631 Emission types. Channel No. frequency Channel No. frequency * * * * * (MHz) (MHz) (g) An LPRS station may transmit any 125 ...... 216.3225 197 ...... 216.6825 emission type appropriate for 126 ...... 216.3275 198 ...... 216.6875 communications in this service. Two- 127 ...... 216.3325 199 ...... 216.6925 way voice communications, however, 128 ...... 216.3375 200 ...... 216.6975 are prohibited. 129 ...... 216.3425 201 ...... 216.7025 8. Section 95.633 is amended by 130 ...... 216.3475 202 ...... 216.7075 adding paragraph (d) to read as follows: 131 ...... 216.3525 203 ...... 216.7125 132 ...... 216.3575 204 ...... 216.7175 § 95.633 Emission bandwidth. 133 ...... 216.3625 205 ...... 216.7225 * * * * * 134 ...... 216.3675 206 ...... 216.7275 (d) For transmitters in the LPRS: 135 ...... 216.3725 207 ...... 216.7325 (1) The authorized bandwidth for 136 ...... 216.3775 208 ...... 216.7375 narrowband frequencies is 4 kHz and 137 ...... 216.3825 209 ...... 216.7425 138 ...... 216.3875 210 ...... 216.7475 the channel bandwidth is 5 kHz 139 ...... 216.3925 211 ...... 216.7525 (2) The channel bandwidth for 140 ...... 216.3975 212 ...... 216.7575 standard band frequencies is 25 kHz. 141 ...... 216.4025 213 ...... 216.7625 (3) The channel bandwidth for extra 142 ...... 216.4075 214 ...... 216.7675 band frequencies is 50 kHz. 143 ...... 216.4125 215 ...... 216.7725 (4) AMTS stations may use the 144 ...... 216.4175 216 ...... 216.7775 216.750–217.000 MHz band as a single 145 ...... 216.4225 217 ...... 216.7825 250 kHz channel so long as the signal 146 ...... 216.4275 218 ...... 216.7875 is attenuated as specified in § 95.635(c). 147 ...... 216.4325 219 ...... 216.7925 148 ...... 216.4375 9. Section 95.635 is amended by 220 ...... 216.7975 adding paragraph (c) to read as follows: 149 ...... 216.4425 221 ...... 216.8025 150 ...... 216.4475 222 ...... 216.8075 § 95.635 Unwanted radiation. 151 ...... 216.4525 223 ...... 216.8125 152 ...... 216.4575 224 ...... 216.8175 * * * * * 153 ...... 216.4625 225 ...... 216.8225 (c) For transmitters designed to 154 ...... 216.4675 226 ...... 216.8275 operate in the LPRS, emissions shall be 155 ...... 216.4725 227 ...... 216.8325 attenuated in accordance with the 156 ...... 216.4775 228 ...... 216.8375 following: 157 ...... 216.4825 229 ...... 216.8425 (1) Emissions for LPRS transmitters 158 ...... 216.4875 230 ...... 216.8475 operating on standard band channels 159 ...... 216.4925 231 ...... 216.8525 160 ...... 216.4975 (25 kHz) shall be attenuated below the 232 ...... 216.8575 unmodulated carrier in accordance with 161 ...... 216.5025 233 ...... 216.8625 162 ...... 216.5075 234 ...... 216.8675 the following: 163 ...... 216.5125 235 ...... 216.8725 (i) Emissions 12.5 kHz to 22.5 kHz 164 ...... 216.5175 236 ...... 216.8775 away from the channel center 165 ...... 216.5225 237 ...... 216.8825 frequency: at least 30 dB; and 166 ...... 216.5275 238 ...... 216.8875 (ii) Emissions more than 22.5 kHz 167 ...... 216.5325 239 ...... 216.8925 away from the channel center 168 ...... 216.5375 240 ...... 216.8975 frequency: at least 43 + 10log(carrier 169 ...... 216.5425 241 ...... 216.9025 power in watts) dB. 170 ...... 216.5475 242 ...... 216.9075 171 ...... 216.5525 (2) Emissions for LPRS transmitters 243 ...... 216.9125 operating on extra band channels (50 172 ...... 216.5575 244 ...... 216.9175 173 ...... 216.5625 245 ...... 216.9225 kHz) shall be attenuated below the 174 ...... 216.5675 246 ...... 216.9275 unmodulated carrier in accordance with 175 ...... 216.5725 247 ...... 216.9325 the following: 176 ...... 216.5775 248 ...... 216.9375 (i) Emissions 25 kHz to 35 kHz from 177 ...... 216.5825 249 ...... 216.9425 the channel center frequency: at least 30 178 ...... 216.5875 250 ...... 216.9475 dB; and 179 ...... 216.5925 251 ...... 216.9525 (ii) Emissions more than 35 kHz away 180 ...... 216.5975 252 ...... 216.9575 from the channel center frequency: at 181 ...... 216.6025 253 ...... 216.9625 182 ...... 216.6075 least 43 + 10log(carrier power in watts) 254 ...... 216.9675 dB. 183 ...... 216.6125 255 ...... 216.9725 184 ...... 216.6175 256 ...... 216.9775 (3) Emissions for LPRS transmitters 185 ...... 216.6225 257 ...... 216.9825 operating on narrowband channels (5 186 ...... 216.6275 258 ...... 216.9875 kHz) shall be attenuated below the 187 ...... 216.6325 259 ...... 216.9925 power (P) of the highest emission, 188 ...... 216.6375 260 ...... 216.9975 measured in peak values, contained 189 ...... 216.6425 within the authorized bandwidth (4 190 ...... 216.6475 (2) LPRS transmitters operating on 191 ...... 216.6525 kHz) in accordance with the following: 192 ...... 216.6575 narrowband channels must be (i) On any frequency within the 193 ...... 216.6625 maintained within a frequency stability authorized bandwidth: Zero dB; 194 ...... 216.6675 of 1.5 parts per million. (ii) On any frequency removed from 195 ...... 216.6725 7. Section 95.631 is amended by the center of the authorized bandwidth 196 ...... 216.6775 adding paragraph (g) to read as follows: by a displacement frequency (fd in kHz) Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations 46569 of more than 2 kHz up to and including required to be individually licensed by shared basis only and will not be 3.75 kHz: The lesser of 30 + 20(fd-2) dB, the FCC if it is not a representative of assigned for the exclusive use of any or 55 + 10 log(P), or 65 dB; and a foreign government and if it uses the entity. (iii) On any frequency beyond 3.75 transmitter only in accordance with (b) Those using LPRS transmitters kHz removed from the center of the § 95.1009. Each entity operating a LPRS must cooperate in the selection and use authorized bandwidth: At least 55 + 10 transmitter for AMTS purposes must of channels in order to reduce log(P) dB. hold an AMTS license under part 80 of interference and make the most effective (4) Emissions from AMTS transmitters this chapter. use of the authorized facilities. using a single 250 kHz channel shall be Channels must be selected in an effort attenuated below the unmodulated § 95.1003 Authorized locations. to avoid interference to other LPRS carrier in accordance with the LPRS operation is authorized: transmissions. following: (a) Anywhere CB station operation is (c) Operation is subject to the (i) Emissions from 125 kHz to 135 kHz permitted under § 95.405(a); and conditions that no harmful interference away from the channel center (b) Aboard any vessel or aircraft of the is caused to the United States Navy’s frequency; at least 30 dB; and United States, with the permission of SPASUR radar system (216.88–217.08 (ii) Emissions more than 135 kHz the captain, while the vessel or aircraft MHz) or to TV reception within the away from the channel center is either travelling domestically or in Grade B contour of any TV channel 13 frequency; at least 43 + 10log(carrier international waters or airspace. station or within the 68 dBu predicted power in watts) dB. § 95.1005 Station identification. contour of any low power TV or TV 10. Section 95.639 is amended by translator station operating on channel An LPRS station is not required to adding paragraph (e) to read as follows: 13. transmit a station identification § 95.639 Maximum transmitter power. announcement. § 95.1013 Antennas. * * * * * § 95.1007 Station inspection. (a) The maximum allowable ERP for (e) The maximum transmitter output All LPRS system apparatus must be a station in the LPRS is 100 mW. power authorized for LPRS stations is (b) AMTS stations must employ made available for inspection upon 100 mW. directional antennas. request by an authorized FCC 11. Section 95.649 is revised to read (c) Antennas used with LPRS units representative. as follows: must comply with the following: § 95.1009 Permissible communications. (1) For LPRS units operating entirely § 95.649 Power capability. LPRS stations may transmit voice, within an enclosed structure, e.g., a No CB, R/C, LPRS transmitter, or FRS data, or tracking signals as permitted in building, there is no limit on antenna unit shall incorporate provisions for this section. Two-way voice height; increasing its transmitter power to any communications are prohibited. (2) For LPRS units not operating level in excess of the limits specified in (a) Auditory assistance entirely within an enclosed structure, § 95.639. communications (including but not the tip of the antenna shall not exceed 12. Section 95.651 is revised to read limited to applications such as assistive 30.5 meters (100 feet) above ground. In as follows: listening devices, audio description for cases where harmful interference occurs the FCC may require that the antenna § 95.651 Crystal control required. the blind, and simultaneous language height be reduced; and All transmitters used in the Personal translation) for: (1) Persons with disabilities. In the (3) The height limitation in paragraph Radio Services must be crystal (c)(2) of this section does not apply to controlled, except an R/C station that context of the LPRS, the term ‘‘disability’’ has the meaning given to it LPRS units in which the antenna is an transmits in the 26–27 MHz frequency integral part of the unit. band, a FRS unit, and a LPRS unit. by section 3(2)(A) of the Americans with 13. A new Subpart G is added to Part Disabilities Act of 1990 (42 U.S.C. § 95.1015 Disclosure policies. 12102(2)(A)), i.e, persons with a 95 to read as follows: (a) Manufacturers of LPRS physical or mental impairment that transmitters used for auditory Subpart GÐLow Power Radio Service substantially limits one or more of the assistance, health care assistance, and (LPRS). major life activities of such individuals; law enforcement tracking purposes must (2) Persons who require language General Provisions include with each transmitting device translation; or Sec. the following statement: ‘‘This 95.1001 Eligibility. (3) Persons who may otherwise benefit from auditory assistance transmitter is authorized by rule under 95.1003 Authorized locations. the Low Power Radio Service (47 C.F.R. 95.1005 Station identification. communications in educational settings. 95.1007 Station inspection. (b) Health care related Part 95) and must not cause harmful 95.1009 Permissible communications. communications for the ill. interference to TV reception or United 95.1011 Channel use policy. (c) Law enforcement tracking signals States Navy SPASUR installations. You 95.1013 Antennas. (for homing or interrogation) including do not need an FCC license to operate 95.1015 Disclosure policies. the tracking of persons or stolen goods this transmitter. This transmitter may 95.1017 Labeling requirements. under authority or agreement with a law only be used to provide: auditory 95.1019 Marketing limitations. enforcement agency (federal, state, or assistance to persons with disabilities, local) having jurisdiction in the area persons who require language Subpart GÐLow Power Radio Service translation, or persons in educational (LPRS). where the transmitters are placed. (d) AMTS point-to-point network settings; health care services to the ill; General Provisions control communications. law enforcement tracking services under agreement with a law enforcement § 95.1001 Eligibility. § 95.1011 Channel use policy. agency; or automated maritime An entity is authorized by rule to (a) The channels authorized to LPRS telecommunications system (AMTS) operate a LPRS transmitter and is not systems by this part are available on a network control communications. Two- 46570 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Rules and Regulations way voice communications and all other only for those uses described in Pacific Fishery Management Council types of uses not mentioned above are § 95.1109. under authority of the Magnuson expressly prohibited.’’ [FR Doc. 96–21583 Filed 9–3–96; 8:45 am] Fishery Conservation and Management (b) Prior to operating a LPRS Act. Fishing by U.S. vessels is governed BILLING CODE 6712±01±U transmitter for AMTS purposes, an by regulations implementing the FMP at AMTS licensee must notify, in writing, subpart H of 50 CFR part 600 and 50 each television station that may be CFR part 679. DEPARTMENT OF COMMERCE affected by such operations, as defined The 1996 pollock TAC in Statistical in § 80.215(h) of this chapter. The National Oceanic and Atmospheric Area 630 was established by the Final notification provided with the station’s Administration 1996 Harvest Specifications of license application is sufficient to Groundfish (61 FR 4304, February 5, satisfy this requirement if no new 50 CFR Part 679 1996) as 13,680 metric tons (mt). (See television stations would be affected. [Docket No. 960129018±6018±01; I.D. § 679.20(c)(3).) § 95.1017 Labeling requirements. 082796B] The Director, Alaska Region, NMFS (Regional Director), has determined, in (a) Each LPRS transmitting device Fisheries of the Exclusive Economic shall bear the following statement in a accordance with § 679.20(d)(1), that the Zone Off Alaska; Pollock in Statistical 1996 pollock TAC in Statistical Area conspicuous location on the device: Area 630 of the Gulf of Alaska ‘‘This device may not interfere with TV 630 has been reached. The Regional reception or federal government radar, AGENCY: National Marine Fisheries Director established a directed fishing and must accept any interference Service (NMFS), National Oceanic and allowance of 12,080 mt, and has set received, including interference that Atmospheric Administration (NOAA), aside the remaining 1,600 mt as bycatch may cause undesired operation.’’ Commerce. to support other anticipated groundfish fisheries. Consequently, NMFS is (b) Where an LPRS device is ACTION: Closure. constructed in two or more sections prohibiting directed fishing for pollock connected by wires and marketed SUMMARY: NMFS is prohibiting directed in Statistical Area 630. together, the statement specified in this fishing for pollock in Statistical Area Maximum retainable bycatch amounts section is required to be affixed only to 630 of the Gulf of Alaska (GOA). This for applicable gear types may be found the main control unit. action is necessary to prevent exceeding in the regulations at § 679.20(e). the 1996 pollock total allowable catch (c) When the LPRS device is so small Classification or for such use that it is not practicable (TAC) in this area. to place the statement specified in the EFFECTIVE DATE: 1200 hrs, Alaska local This action is taken under 50 CFR section on it, the statement must be time (A.l.t.), September 3, 1996, until 672.20 and is exempt from review under placed in a prominent location in the 2400 hrs, December 31, 1996. E.O. 12866. FOR FURTHER INFORMATION CONTACT: instruction manual or pamphlet Authority: 16 U.S.C. 1801 et seq. supplied to the user or, alternatively, Mary Furuness, 907–586-7228. shall be placed on the container in SUPPLEMENTARY INFORMATION: The Dated: August 29, 1996. which the device is marketed. groundfish fishery in the GOA Gary C. Matlock, exclusive economic zone is managed Director, Office of Sustainable Fisheries, § 95.1019 Marketing limitations. by NMFS according to the Fishery National Marine Fisheries Service. Transmitters intended for operation in Management Plan for Groundfish of the [FR Doc. 96–22512 Filed 8–29–96; 4:30 pm] the LPRS may be marketed and sold GOA (FMP) prepared by the North BILLING CODE 3510±22±F 46571

Proposed Rules Federal Register Vol. 61, No. 172

Wednesday, September 4, 1996

This section of the FEDERAL REGISTER 605(b), the Agricultural Marketing 6456 by the 7th day after publication of contains notices to the public of the proposed Service has certified that this action this notice in the Federal Register. The issuance of rules and regulations. The would not have a significant economic filing period is limited to seven days purpose of these notices is to give interested impact on a substantial number of small because a longer period would not persons an opportunity to participate in the entities. Such action would tend to provide the time needed to complete the rule making prior to the adoption of the final rules. ensure that an adequate supply of fluid required procedures and include milk is available to consumers in the September in the temporary revision marketing area. period. DEPARTMENT OF AGRICULTURE The Department is issuing this All written submissions made proposed rule in conformance with pursuant to this notice will be made Agricultural Marketing Service Executive Order 12866. available for public inspection in the This proposed revision of rules has Dairy Division during regular business 7 CFR Part 1079 been reviewed under Executive Order hours (7 CFR 1.27(b)). [DA±96±11] 12988, Civil Justice Reform. This action Small Business Consideration is not intended to have retroactive Milk in the Iowa Marketing Area; Notice effect. If adopted, this proposed action Actions under the Federal milk order of Proposed Revision of Pool Supply will not preempt any state or local laws, program are subject to the Regulatory Plant Shipping Percentage regulations, or policies, unless they Flexibility Act (Pub. L. 96–354). This present an irreconcilable conflict with Act seeks to ensure that, within the AGENCY: Agricultural Marketing Service, this rule. statutory authority of a program, the USDA. The Agricultural Marketing regulatory and informational requirements are tailored to the size and ACTION: Proposed rule. Agreement Act of 1937, as amended (7 nature of small businesses. For the U.S.C. 601–674), provides that SUMMARY: This notice invites written purpose of the Act, a dairy farm is a administrative proceedings must be comments on a proposal to increase the ‘‘small business’’ if it has an annual exhausted before parties may file suit in percentage of a supply plant’s receipts gross revenue of less than $500,000, and court. Under section 608c(15)(A) of the that must be delivered to fluid milk a dairy products manufacturer is a Act, any handler subject to an order may plants to qualify a supply plant for ‘‘small business’’ if it has fewer than 500 file with the Secretary a petition stating pooling under the Iowa Federal milk employees. For the purpose of that the order, any provisions of the order. The applicable percentage would determining which dairy farms are order, or any obligation imposed in be increased by 10 percentage points, ‘‘small businesses’’, the $500,000 per from 35 percent to 45 percent for the connection with the order is not in year criterion was divided by 12, then months of September through November accordance with the law and request a by the uniform price, to arrive at a 1996, and from 20 percent to 30 percent modification of an order or to be 300,000 pounds-per-month limit for for the months of December 1996 exempted from the order. A handler is ‘‘small’’ dairy farmers. through March 1997. The action is afforded the opportunity for a hearing The supply plant shipping percentage requested by Anderson-Erickson Dairy on the petition. After a hearing the provisions proposed to be revised are Company of Des Moines, Iowa, a Secretary would rule on the petition. incorporated in the order to assure an proprietary distributing plant that is The Act provides that the district court adequate supply of milk for the fluid regulated under the order. Proponent of the United States in any district in market. It is expected that producers contends that the action is needed to which the handler is an inhabitant, or and their handlers who share in the obtain an adequate supply of milk for has its principal place of business, has benefits of the higher-valued fluid uses fluid use. jurisdiction in equity to review the of the market through their participation Secretary’s ruling on the petition, DATES: in a marketwide pool should be Comments are due no later than provided a bill in equity is filed not September 11, 1996. required to help supply milk to fluid later than 20 days after date of the entry milk distributing plants when ADDRESSES: Comments (two copies) of the ruling. additional supplies are needed. As a should be sent to USDA/AMS/Dairy Notice is hereby given that, pursuant result of this expectation, order Division, Order Formulation Branch, to the provisions of the Agricultural provisions based on testimony and data Room 2968, South Building, P.O. Box Marketing Agreement Act of 1937 and presented at a public hearing in which 96456, Washington, DC 20090–6456. the provisions of § 1079.7(b)(1) of the all interested parties were encouraged to FOR FURTHER INFORMATION CONTACT: order, the revision of certain provisions participate were promulgated and Clifford M. Carman, Marketing of the order regulating the handling of approved by at least two-thirds of the Specialist, USDA/AMS/Dairy Division, milk in the Iowa marketing area is being dairy farmers whose milk was pooled Order Formulation Branch, Room 2968, considered for the months of September under the Iowa order. South Building, P.O. Box 96456, 1, 1996 through March 31, 1997. The Iowa order provides that the pool Washington, DC 20090–6456, (202) 720– All persons who desire to submit supply plant shipping percentages in 9368. written data, views or arguments about the order may be increased or reduced SUPPLEMENTARY INFORMATION: The the proposed revision should send two by the Director of the Dairy Division, Regulatory Flexibility Act (5 U.S.C. copies of their views to USDA/AMS/ Agricultural Marketing Service, to 601–612) requires the Agency to Dairy Division, Order Formulation assure that an adequate supply of milk examine the impact of a proposed rule Branch, Room 2971, South Building, will be made available to distributing on small entities. Pursuant to 5 U.S.C. P.O. Box 96456, Washington, DC 20090– plants, or to avoid excessive costs of 46572 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules hauling and handling milk that may be Statement of Consideration DEPARTMENT OF TRANSPORTATION moved to distributing plants only to pool plentiful supplies of producer The provision proposed for revision is Federal Aviation Administration milk. the percentage of a supply plant’s receipts required to be shipped to pool 14 CFR Part 39 For the month of June 1996, 2,896 distributing plants pursuant to dairy farmers were producers under the [Docket No. 96±NM±69±AD] § 1079.7(b) of the Iowa Federal milk Iowa milk order. Of these, all but 24 order (Order 79). As proposed, the RIN 2120±AA64 would be considered small businesses, having under 300,000 pounds of percentage of a supply plant’s receipts Airworthiness Directives; Saab Model production for the month. Of the dairy that must be shipped to pool SAAB SF340A, SAAB 340B, and SAAB farmers in the small business category, distributing plants (fluid milk plants) if 2000 Series Airplanes 2,312 produced under 100,000 pounds the supply plant is to be considered a AGENCY: Federal Aviation of milk, 515 produced between 100,000 pool plant would be increased by the Administration, DOT. and 200,000 pounds, and 45 produced maximum allowable 10 percentage between 200,000 and 300,000 pounds of points, from 35 percent to 45 percent for ACTION: Notice of proposed rulemaking milk during June. the period September 1, 1996, through (NPRM). November 30, 1996, and from 20 The reports filed on behalf of the SUMMARY: This document proposes the percent to 30 percent for the period slightly more than 20 milk handlers adoption of a new airworthiness pooled, or regulated, under the Iowa December 1, 1996, through March 31, directive (AD) that is applicable to order in June 1996 were filed for 1997. certain Saab Model SAAB SF340A, individual establishments that, for the Section 1079.7(b)(1) allows the SAAB 340B, and SAAB 2000 series most part, would meet the SBA Director of the Dairy Division to reduce airplanes. This proposal would require definition of a small business, having or increase a pool supply plant’s replacement of the hubcap drive less than 500 employees. However, most minimum shipping requirement by up coupling of the main wheel with an of these establishments are part of larger to 10 percentage points to prevent improved coupling. This proposal is businesses that operate multiple plants, uneconomic milk shipments or to assure prompted by reports of unexpected and meet the definition of large entities an adequate supply of milk for fluid use. decreases in the pressure of the main wheel brake due to incorrect on that basis. Anderson-Erickson Dairy Company The proposed revision would increase engagement between the main wheel (A–E), a fluid milk processing plant that coupling and the wheel speed the percentage of milk receipts that is a pool distributing plant under Order transducer, which can result in false handlers are required to move to fluid 79, requested that the shipping signals being sent to the anti-skid milk distributing plants. If the shipping percentage be increased. The handler’s control box. The actions specified by the percentages are revised, some handlers request states that it is unable to obtain proposed AD are intended to prevent may choose to move increased volumes a supply of milk at the present market loss of brake effectiveness due to a of their milk supplies from price, leaving A–E short of its needs for decrease in the pressure of the main manufacturing uses to fluid use in order fluid milk. A–E cites difficulty in wheel brake. to assure that all of their producer milk attracting milk for high-valued bottling DATES: Comments must be received by supplies will be able to share in the use, which requires drawing milk away benefits of the marketwide pool. Some October 15, 1996. from lower-valued uses of milk such as ADDRESSES: Submit comments in handlers may elect to not pool some of nonfat dry milk and cheese that may be their producer milk supplies rather than triplicate to the Federal Aviation more remunerative to processors. ship more milk to distributing plants. Administration (FAA), Transport Others may already be moving as much In view of the foregoing, it may be Airplane Directorate, ANM–103, as they would be required to move appropriate to increase the shipping Attention: Rules Docket No. 96–NM– under increased percentages, and would percentage requirements for pool supply 69–AD, 1601 Lind Avenue, SW., be unaffected by the proposed revision. plants as proposed to provide for the Renton, Washington 98055–4056. efficient and economic marketing of Comments may be inspected at this If the shipping percentages are not location between 9:00 a.m. and 3:00 increased the distributing plant operator milk during the months of September 1, 1996, through March 31, 1997. p.m., Monday through Friday, except requesting the revision, who would be Federal holidays. described as a large entity on the basis List of Subjects in 7 CFR Part 1079 The service information referenced in of its multiple plant operations, may not the proposed rule may be obtained from be able to obtain an adequate supply of Milk marketing orders. SAAB Aircraft AB, SAAB Aircraft milk at a competitive price to meet its The authority citation for 7 CFR Part Product Support, S–581.88, Linko¨ping, needs. The handlers from whom the 1079 continues to read as follows: Sweden. This information may be distributing plant handler would be examined at the FAA, Transport most likely to receive increased Authority: 7 U.S.C. 601–674. Airplane Directorate, 1601 Lind shipments are also, for the most part, Dated: August 26, 1996. Avenue, SW., Renton, Washington, or at large entities. Richard M. McKee, the FAA, Transport Airplane Interested parties are invited to Director, Dairy Division. Directorate, Los Angeles Aircraft submit comments on the probable [FR Doc. 96–22452 Filed 9–3–96; 8:45 am] Certification Office, 3960 Paramount regulatory and informational impact of BILLING CODE 3410±02±P Boulevard, Lakewood, California. this proposed rule on small businesses. FOR FURTHER INFORMATION CONTACT: Also, parties may suggest modifications Walter Eierman, Aerospace Engineer, of this proposal for the purpose of Systems and Equipment Branch, ANM– tailoring their applicability to small 130L, FAA, Los Angeles Aircraft businesses. Certification Office, 3960 Paramount Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46573

Boulevard, Lakewood, California 90712; coupling and wheel speed transducer be required to be accomplished in telephone (310) 627–5336; fax (310) from engaging properly, and ultimately, accordance with the service bulletins 627–5210. can result in a false signal being sent to described previously. the anti-skid control box; this can cause SUPPLEMENTARY INFORMATION: Cost Impact main wheel brake pressure to decrease. Comments Invited This condition, if not corrected, could The FAA estimates that 235 Model Interested persons are invited to result in a loss of brake effectiveness. SAAB SF340A and SAAB 340B series participate in the making of the airplanes and 3 Model SAAB 2000 Explanation of Relevant Service series airplanes of U.S. registry would proposed rule by submitting such Information written data, views, or arguments as be affected by this proposed AD. For Model SAAB SF340A and SAAB they may desire. Communications shall Saab has issued Service Bulletins 340B series airplanes, it would take identify the Rules Docket number and SAAB 340–32–107 (for Model SAAB approximately 2 work hours per be submitted in triplicate to the address SF340A and SAAB 340B series airplane to accomplish the proposed specified above. All communications airplanes), and SAAB 2000–32–019 (for received on or before the closing date Model SAAB 2000 series airplanes), actions, at an average labor rate of $60 for comments, specified above, will be both dated January 18, 1996. These per work hour. Required parts would considered before taking action on the service bulletins describe procedures for cost approximately $200 per airplane. proposed rule. The proposals contained replacing the hubcap drive coupling of Based on these figures, the cost impact in this notice may be changed in light the main wheel with an improved of the proposed AD on U.S. operators of of the comments received. coupling that is more resistant to Model SAAB 340A and SAAB 340B Comments are specifically invited on damage from the removal and series airplanes is estimated to be the overall regulatory, economic, reinstallation of the main wheel hubcap. $75,200, or $320 per airplane. environmental, and energy aspects of The Saab service bulletins reference For Model SAAB 2000 series the proposed rule. All comments Crane Hydro-Aire Division Service airplanes, it would take approximately 2 submitted will be available, both before Bulletins 140–041–32–1 (for wheel work hours per airplane to accomplish and after the closing date for comments, hubcaps having part number 140– the proposed actions, at an average labor in the Rules Docket for examination by 04120) and 140–159–32–1 (for wheel rate of $60 per work hour. Required interested persons. A report hubcaps having part number 140– parts would cost approximately $120 summarizing each FAA-public contact 15920), both dated December 21, 1995, per airplane. Based on these figures, the concerned with the substance of this as additional sources of service cost impact of the proposed AD on U.S. proposal will be filed in the Rules information for replacement of the operators of Model SAAB 2000 series Docket. hubcap drive coupling. airplanes is estimated to be $720, or Commenters wishing the FAA to The LFV classified these Saab service $240 per airplane. acknowledge receipt of their comments bulletins as mandatory and issued The cost impact figures discussed submitted in response to this notice Swedish Airworthiness Directive (SAD) above are based on assumptions that no must submit a self-addressed, stamped 1–085R1, dated January 22, 1996, in operator has yet accomplished any of postcard on which the following order to assure the continued the proposed requirements of this AD statement is made: ‘‘Comments to airworthiness of these airplanes in action, and that no operator would Docket Number 96–NM–69–AD.’’ The Sweden. accomplish those actions in the future if this AD were not adopted. postcard will be date stamped and FAA’s Conclusions returned to the commenter. These airplane models are Regulatory Impact Availability of NPRMs manufactured in Sweden and are type The regulations proposed herein Any person may obtain a copy of this certificated for operation in the United would not have substantial direct effects NPRM by submitting a request to the States under the provisions of section on the States, on the relationship FAA, Transport Airplane Directorate, 21.29 of the Federal Aviation between the national government and ANM–103, Attention: Rules Docket No. Regulations (14 CFR 21.29) and the the States, or on the distribution of 96–NM–69–AD, 1601 Lind Avenue, applicable bilateral airworthiness power and responsibilities among the SW., Renton, Washington 98055–4056. agreement. Pursuant to this bilateral various levels of government. Therefore, airworthiness agreement, the LFV has in accordance with Executive Order Discussion kept the FAA informed of the situation 12612, it is determined that this The Luftfartsverket (LFV), which is described above. The FAA has proposal would not have sufficient the airworthiness authority for Sweden, examined the findings of the LFV, federalism implications to warrant the recently notified the FAA that an unsafe reviewed all available information, and preparation of a Federalism Assessment. condition may exist on certain Saab determined that AD action is necessary For the reasons discussed above, I Model SAAB SF340A, SAAB 340B and for products of this type design that are certify that this proposed regulation (1) SAAB 2000 series airplanes. The LFV certificated for operation in the United is not a ‘‘significant regulatory action’’ advises that it has received reports States. under Executive Order 12866; (2) is not indicating that sudden and unexpected a ‘‘significant rule’’ under the DOT decreases in the pressure of the main Explanation of Requirements of Regulatory Policies and Procedures (44 wheel brake occurred due to incorrect Proposed Rule FR 11034, February 26, 1979); and (3) if engagement between the drive coupling Since an unsafe condition has been promulgated, will not have a significant of the main wheel and the wheel speed identified that is likely to exist or economic impact, positive or negative, transducer. Investigation revealed that develop on other airplanes of the same on a substantial number of small entities constant removal and reinstallation of type design registered in the United under the criteria of the Regulatory the main wheel hubcap during States, the proposed AD would require Flexibility Act. A copy of the draft maintenance eventually can cause large replacement of the hubcap drive regulatory evaluation prepared for this gaps or cracks in the drive coupling. coupling of the main wheel with an action is contained in the Rules Docket. Such damage can prevent the drive improved coupling. The actions would A copy of it may be obtained by 46574 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules contacting the Rules Docket at the 159–32–1 (for wheel hubcaps having part and to the lines that carry flammable location provided under the caption number 140–15920), both dated December fluid that are located inboard of the ADDRESSES. 21, 1995, as additional sources of service firewall. information for replacement of the hubcap DATES: List of Subjects in 14 CFR Part 39 drive coupling. Comments must be received by October 15, 1996. (b) As of the effective date of this AD, no Air transportation, Aircraft, Aviation ADDRESSES: Submit comments in safety, Safety. person shall install on any airplane a main wheel hubcap drive coupling having P/N 40– triplicate to the Federal Aviation The Proposed Amendment 91115 in a wheel hubcap having P/N 140– Administration (FAA), Transport 04120 (for Model SAAB SF340A and SAAB Accordingly, pursuant to the Airplane Directorate, ANM–103, 340B series airplanes), or P/N 140–15920 (for Attention: Rules Docket No. 96–NM– authority delegated to me by the Model SAAB 2000 series airplanes), as 136–AD, 1601 Lind Avenue, SW., Administrator, the Federal Aviation applicable. Renton, Washington 98055–4056. Administration proposes to amend part (c) An alternative method of compliance or Comments may be inspected at this 39 of the Federal Aviation Regulations adjustment of the compliance time that location between 9:00 a.m. and 3:00 (14 CFR part 39) as follows: provides an acceptable level of safety may be used if approved by the Manager, Los p.m., Monday through Friday, except PART 39ÐAIRWORTHINESS Angeles Aircraft Certification Office (ACO), Federal holidays. DIRECTIVES FAA, Transport Airplane Directorate. The service information referenced in Operators shall submit their requests through the proposed rule may be obtained from 1. The authority citation for part 39 an appropriate FAA Principal Maintenance Raytheon Aircraft Company, Manager continues to read as follows: Inspector, who may add comments and then Service Engineering, Hawker Customer send it to the Manager, Los Angeles ACO. Authority: 49 U.S.C. 106(g), 40113, 44701. Support Department, P.O. Box 85, Note 3: Information concerning the Wichita, Kansas 67201–0085. This § 39.13 [Amended] existence of approved alternative methods of information may be examined at the 2. Section 39.13 is amended by compliance with this AD, if any, may be FAA, Transport Airplane Directorate, obtained from the Los Angeles ACO. adding the following new airworthiness 1601 Lind Avenue, SW., Renton, directive: (d) Special flight permits may be issued in Washington, or FAA, Wichita Aircraft accordance with sections 21.197 and 21.199 Saab Aircraft AB: Docket 96–NM–69–AD. of the Federal Aviation Regulations (14 CFR Certification Office, Small Airplane Applicability: Model SAAB SF340A series 21.197 and 21.199) to operate the airplane to Directorate, 1801 Airport Road, Room airplanes having serial numbers 004 through a location where the requirements of this AD 100, Mid-Continent Airport, Wichita, 159 inclusive; Model SAAB 340B series can be accomplished. Kansas. airplanes having serial numbers 160 through Issued in Renton, Washington, on August FOR FURTHER INFORMATION CONTACT: Karl 378 inclusive; and Model SAAB 2000 series 28, 1996. Schletzbaum, Aerospace Engineer, airplanes having serial numbers 002 through Darrell M. Pederson, Systems and Propulsion Branch, ACE– 029 inclusive; certificated in any category. Acting Manager, Transport Airplane 116W, FAA, Wichita Aircraft Note 1: This AD applies to each airplane Directorate, Aircraft Certification Service. Certification Office, Small Airplane identified in the preceding applicability provision, regardless of whether it has been [FR Doc. 96–22475 Filed 9–3–96; 8:45 am] Directorate, 1801 Airport Road, Room otherwise modified, altered, or repaired in BILLING CODE 4910±13±U 100, Mid-Continent Airport, Wichita, the area subject to the requirements of this Kansas 67209; telephone (316) 946– AD. For airplanes that have been modified, 4146; fax (316) 946–4407. altered, or repaired so that the performance 14 CFR Part 39 SUPPLEMENTARY INFORMATION: of the requirements of this AD is affected, the owner/operator must request approval for an [Docket No. 96±NM±136±AD] Comments Invited alternative method of compliance in RIN 2120±AA64 accordance with paragraph (c) of this AD. Interested persons are invited to The request should include an assessment of participate in the making of the Airworthiness Directives; Beech proposed rule by submitting such the effect of the modification, alteration, or (Raytheon) Model BAe 125±800A, repair on the unsafe condition addressed by written data, views, or arguments as this AD; and, if the unsafe condition has not Model Hawker 800, and Model Hawker they may desire. Communications shall been eliminated, the request should include 800XP Series Airplanes identify the Rules Docket number and specific proposed actions to address it. AGENCY: Federal Aviation be submitted in triplicate to the address Compliance: Required as indicated, unless Administration, DOT. specified above. All communications accomplished previously. ACTION: Notice of proposed rulemaking received on or before the closing date To prevent loss of brake effectiveness due for comments, specified above, will be to a decrease in pressure of the main wheel (NPRM). brake, accomplish the following: considered before taking action on the (a) Within 90 days after the effective date SUMMARY: This document proposes the proposed rule. The proposals contained of this AD, replace each main wheel hubcap adoption of a new airworthiness in this notice may be changed in light drive coupling having part number (P/N) 40– directive (AD) that is applicable to of the comments received. 91115 with a main wheel hubcap drive certain Beech (Raytheon) Model BAe Comments are specifically invited on coupling having P/N 40–91115, Rev. D, in 125–800A, Model Hawker 800, and the overall regulatory, economic, accordance with Saab Service Bulletin SAAB Model Hawker 800XP series airplanes. environmental, and energy aspects of 340–32–107, dated January 18, 1996 (for This proposal would require the filling the proposed rule. All comments Model SAAB SF340A and SAAB 340B series of two tooling holes on the firewalls of submitted will be available, both before airplanes), or Saab Service Bulletin SAAB 2000–32–019, dated January 18, 1996 (for the left and right engine pylons with and after the closing date for comments, Model SAAB 2000 series airplanes), as sealant. This proposal is prompted by in the Rules Docket for examination by applicable. notification from the manufacturer that interested persons. A report Note 2: The Saab service bulletins these holes were not sealed during summarizing each FAA-public contact reference Crane Hydro-Aire Division Service production. The actions specified by the concerned with the substance of this Bulletins 140–041–32–1 (for wheel hubcaps proposed AD are intended to prevent an proposal will be filed in the Rules having part number 140–04120) and 140– engine fire from moving to the fuselage Docket. Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46575

Commenters wishing the FAA to airplanes of U.S. registry would be § 39.13 [Amended] acknowledge receipt of their comments affected by this proposed AD, that it 2. Section 39.13 is amended by submitted in response to this notice would take approximately 2 work hours adding the following new airworthiness must submit a self-addressed, stamped per airplane to accomplish the proposed directive: postcard on which the following actions, and that the average labor rate Beech Aircraft Corporation (Formerly de statement is made: ‘‘Comments to is $60 per work hour. Based on these Havilland; Hawker Siddeley; British Docket Number 96–NM–136–AD.’’ The figures, the cost impact of the proposed Aerospace, plc; Raytheon Corporate postcard will be date stamped and AD on U.S. operators is estimated to be Jets, Inc.): Docket 96–NM–136–AD. returned to the commenter. $20,400, or $120 per airplane. Applicability: Model BAe 125–800A series airplanes, Model Hawker 800 series airplanes Availability of NPRMs The cost impact figure discussed above is based on assumptions that no including Special Variants (C29A, U125, and Any person may obtain a copy of this U125A), and Model Hawker 800XP series operator has yet accomplished any of NPRM by submitting a request to the airplanes; on which the modification the proposed requirements of this AD FAA, Transport Airplane Directorate, described in Raytheon Service Bulletin action, and that no operator would ANM–103, Attention: Rules Docket No. SB.54–1–3815B, or a production equivalent, accomplish those actions in the future if 96–NM–136–AD, 1601 Lind Avenue, has not been installed; certificated in any this AD were not adopted. category. SW., Renton, Washington 98055–4056. Regulatory Impact Note 1: This AD applies to each airplane Discussion identified in the preceding applicability provision, regardless of whether it has been The manufacturer has notified the The regulations proposed herein would not have substantial direct effects otherwise modified, altered, or repaired in FAA that two, unused (open) tooling the area subject to the requirements of this holes in the firewalls of the left and on the States, on the relationship AD. For airplanes that have been modified, right engine pylons on certain Model between the national government and altered, or repaired so that the performance BAe 125–800A, Model Hawker 800, and the States, or on the distribution of of the requirements of this AD is affected, the Model Hawker 800XP series airplanes power and responsibilities among the owner/operator must request approval for an were not sealed during production. This various levels of government. Therefore, alternative method of compliance in condition, if not corrected, compromises in accordance with Executive Order accordance with paragraph (b) of this AD. the integrity of the pylon firewall, and 12612, it is determined that this The request should include an assessment of the effect of the modification, alteration, or could allow an engine fire to move to proposal would not have sufficient federalism implications to warrant the repair on the unsafe condition addressed by the fuselage and to the lines that carry this AD; and, if the unsafe condition has not flammable fluid that are located inboard preparation of a Federalism Assessment. been eliminated, the request should include of the firewall. For the reasons discussed above, I specific proposed actions to address it. certify that this proposed regulation (1) Note 2: Beech (Raytheon) Model BAe 125– Explanation of Relevant Service 800B series airplanes are similar in design to Information is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not the airplanes that are subject to the The FAA has reviewed and approved a ‘‘significant rule’’ under the DOT requirements of this AD and, therefore, may Raytheon Service Bulletin SB.54–1– also be subject to the unsafe condition Regulatory Policies and Procedures (44 addressed by this AD. As of the effective date 3815B, dated March 26, 1996, which FR 11034, February 26, 1979); and (3) if describes procedures for filling the two, of this AD, however, this model is not type promulgated, will not have a significant certificated for operation in the United unused tooling holes in the firewalls of economic impact, positive or negative, States. Airworthiness authorities of countries the left and right engine pylons of on a substantial number of small entities in which the Model BAe 125–800B series Model BAe 125–800A and 800B, Model under the criteria of the Regulatory airplanes are approved for operation should Hawker 800 (including Special Variants Flexibility Act. A copy of the draft consider adopting corrective action, C29A, U125 and U125A), and Model regulatory evaluation prepared for this applicable to this model, that is similar to the Hawker 800XP series airplanes. These action is contained in the Rules Docket. corrective action required by this AD. procedures involve the removal of A copy of it may be obtained by Compliance: Required as indicated, unless access panels to the firewall, the contacting the Rules Docket at the accomplished previously. To prevent an engine fire from moving to the fuselage and application of sealant, and the location provided under the caption reinstallation of the access panels. flammable fluid carrying lines located ADDRESSES. inboard of the firewalls on the left and right Explanation of Requirements of List of Subjects in 14 CFR Part 39 engine pylons, accomplish the following: Proposed Rule (a) Within six months after the effective date of this AD, fill the two, unused (open) Since an unsafe condition has been Air transportation, Aircraft, Aviation safety, Safety. tooling holes in the firewalls of the left and identified that is likely to exist or right engine pylons, in accordance with develop on other products of this same The Proposed Amendment Raytheon Service Bulletin SB.54–1–3815B, type design, the proposed AD would dated March 26, 1996. require the filling of the two, unused Accordingly, pursuant to the (b) An alternative method of compliance or (open) holes in the firewall of each authority delegated to me by the adjustment of the compliance time that engine pylon. The actions would be Administrator, the Federal Aviation provides an acceptable level of safety may be required to be accomplished in Administration proposes to amend part used if approved by the Manager, Wichita accordance with the service bulletin 39 of the Federal Aviation Regulations Aircraft Certification Office (ACO), FAA, (14 CFR part 39) as follows: Small Airplane Directorate. Operators shall described previously. submit their requests through an appropriate Cost Impact PART 39ÐAIRWORTHINESS FAA Principal Maintenance Inspector, who DIRECTIVES may add comments and then send it to the There are approximately 286 Model Manager, Wichita ACO. BAe 125–800A, Model Hawker 800, and 1. The authority citation for part 39 Note 3: Information concerning the Model Hawker 800XP series airplanes of existence of approved alternative methods of the affected design in the worldwide continues to read as follows: compliance with this AD, if any, may be fleet. The FAA estimates that 170 Authority: 49 U.S.C. 106(g), 40113, 44701. obtained from the Wichita ACO. 46576 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules

(c) Special flight permits may be issued in Directorate, 1601 Lind Avenue, SW., cause of this excessive wear has been accordance with sections 21.197 and 21.199 Renton, Washington. determined to be abrasion between the of the Federal Aviation Regulations (14 CFR FOR FURTHER INFORMATION CONTACT: guide rollers and push-pull tube, 21.197 and 21.199) to operate the airplane to Tim Dulin, Aerospace Engineer, possibly due to sticking of the guide a location where the requirements of this AD rollers. This condition, if not corrected, can be accomplished. Standardization Branch, ANM–113, FAA, Transport Airplane Directorate, could result in uneven movement of the Issued in Renton, Washington, on August control wheel, perforation of the aileron 28, 1996. 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone push-pull tube, and consequent reduced Darrell M. Pederson, roll control of the airplane. Acting Manager, Transport Airplane (206) 227–2141; fax (206) 227–1149. Directorate, Aircraft Certification Service. SUPPLEMENTARY INFORMATION: Explanation of Relevant Service [FR Doc. 96–22474 Filed 9–03–96; 8:45 am] Information Comments Invited BILLING CODE 4910±13±U Astra Jet has issued Service Bulletins Interested persons are invited to SB 1123–27–043 (for Model 1123 series participate in the making of the airplanes), and SB 1124–27–129 (for 14 CFR Part 39 proposed rule by submitting such Model 1124 and 1124A series written data, views, or arguments as [Docket No. 96±NM±173±AD] airplanes), both dated June 12, 1995. they may desire. Communications shall The service bulletins describe RIN 2120±AA64 identify the Rules Docket number and procedures for repetitive inspections of be submitted in triplicate to the address the left and right aileron push-pull tubes Airworthiness Directives; Israel specified above. All communications for excessive wear and the guide rollers Aircraft Industries (IAI), Ltd., Model received on or before the closing date for smooth rotation; replacement of the 1123, 1124, and 1124A Airplanes for comments, specified above, will be push-pull tubes with serviceable parts, considered before taking action on the AGENCY: Federal Aviation if necessary; and repair or replacement Administration, DOT. proposed rule. The proposals contained of the guide rollers with serviceable in this notice may be changed in light parts, if necessary. The CAAI classified ACTION: Notice of proposed rulemaking of the comments received. these service bulletins as mandatory and (NPRM). Comments are specifically invited on issued Israeli airworthiness directive SUMMARY: This document proposes the the overall regulatory, economic, 95–28, dated May 10, 1995, in order to adoption of a new airworthiness environmental, and energy aspects of assure the continued airworthiness of directive (AD) that is applicable to all the proposed rule. All comments these airplanes in Israel. submitted will be available, both before IAI, Ltd., Model 1123, 1124, and 1124A FAA’s Conclusions series airplanes. This proposal would and after the closing date for comments, require repetitive inspections of the in the Rules Docket for examination by These airplane models are aileron push-pull tubes for excessive interested persons. A report manufactured in Israel and are type wear and the guide rollers for smooth summarizing each FAA-public contact certificated for operation in the United rotation; and repair or replacement of concerned with the substance of this States under the provisions of section worn parts with serviceable parts, if proposal will be filed in the Rules 21.29 of the Federal Aviation necessary. This proposal is prompted by Docket. Regulations (14 CFR 21.29) and the reports of excessive wear on the aileron Commenters wishing the FAA to applicable bilateral airworthiness push-pull tube in the area of the guide acknowledge receipt of their comments agreement. Pursuant to this bilateral rollers. The actions specified by the submitted in response to this notice airworthiness agreement, the CAAI has proposed AD are intended to prevent must submit a self-addressed, stamped kept the FAA informed of the situation such wear, which could result in postcard on which the following described above. The FAA has uneven movement of the control wheel, statement is made: ‘‘Comments to examined the findings of the CAAI, perforation of the aileron push-pull Docket Number 96–NM–173–AD.’’ The reviewed all available information, and tube, and consequent reduced roll postcard will be date stamped and determined that AD action is necessary control of the airplane. returned to the commenter. for products of this type design that are certificated for operation in the United Availability of NPRMs DATES: Comments must be received by States. October 15, 1996. Any person may obtain a copy of this ADDRESSES: Submit comments in NPRM by submitting a request to the Explanation of Requirements of triplicate to the Federal Aviation FAA, Transport Airplane Directorate, Proposed Rule Administration (FAA), Transport ANM–103, Attention: Rules Docket No. Since an unsafe condition has been Airplane Directorate, ANM–103, 96–NM–173–AD, 1601 Lind Avenue, identified that is likely to exist or Attention: Rules Docket No. 96–NM– SW., Renton, Washington 98055–4056. develop on other airplanes of the same 173–AD, 1601 Lind Avenue, SW., type design registered in the United Renton, Washington 98055–4056. Discussion States, the proposed AD would require Comments may be inspected at this The Civil Aviation Administration of repetitive inspections of the left and location between 9:00 a.m. and 3:00 Israel (CAAI), which is the right aileron push-pull tubes for p.m., Monday through Friday, except airworthiness authority for Israel, excessive wear and the guide rollers for Federal holidays. recently notified the FAA that an unsafe smooth rotation; replacement of the The service information referenced in condition may exist on all IAI, Ltd., push-pull tubes with serviceable parts, the proposed rule may be obtained from Model 1123, 1124, and 1124A series if necessary; and repair or replacement Technical Publications, Astra Jet airplanes. The CAAI advises that it has of the guide rollers with serviceable Corporation, 77 McCullough Drive, received reports indicating that parts, if necessary. The actions would be Suite 11, New Castle, Delaware 19720. excessive wear was found on the aileron required to be accomplished in This information may be examined at push-pull tube in areas where the tube accordance with the service bulletins the FAA, Transport Airplane comes in contact with guide rollers. The described previously. Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46577

This is considered to be interim PART 39ÐAIRWORTHINESS (b) An alternative method of compliance or action until final action is identified, at DIRECTIVES adjustment of the compliance time that which time the FAA may consider provides an acceptable level of safety may be further rulemaking. 1. The authority citation for part 39 used if approved by the Manager, continues to read as follows: Standardization Branch, ANM–113, FAA, Transport Airplane Directorate. Operators Cost Impact Authority: 49 U.S.C. 106(g), 40113, 44701. shall submit their requests through an The FAA estimates that 213 airplanes § 39.13 [Amended] appropriate FAA Principal Maintenance Inspector, who may add comments and then of U.S. registry would be affected by this 2. Section 39.13 is amended by proposed AD, that it would take send it to the Manager, Standardization adding the following new airworthiness Branch, ANM–113. approximately 1 work hour per airplane directive: to accomplish the proposed inspections, Note 2: Information concerning the and that the average labor rate is $60 per Israel Aircraft Industries (IAI), Ltd.: Docket existence of approved alternative methods of work hour. Based on these figures, the 96–NM–173–AD. compliance with this AD, if any, may be cost impact of the proposed AD on U.S. Applicability: All IAI, Ltd., Model 1123, obtained from the Standardization Branch, ANM–113. operators is estimated to be $12,780, or 1124, and 1124A series airplanes, certificated in any category. $60 per airplane, per inspection. (c) Special flight permits may be issued in Note 1: This AD applies to each airplane accordance with sections 21.197 and 21.199 The cost impact figure discussed identified in the preceding applicability of the Federal Aviation Regulations (14 CFR above is based on assumptions that no provision, regardless of whether it has been 21.197 and 21.199) to operate the airplane to operator has yet accomplished any of otherwise modified, altered, or repaired in a location where the requirements of this AD the proposed requirements of this AD the area subject to the requirements of this can be accomplished. action, and that no operator would AD. For airplanes that have been modified, Issued in Renton, Washington, on August altered, or repaired so that the performance 28, 1996. accomplish those actions in the future if of the requirements of this AD is affected, the Darrell M. Pederson, this AD were not adopted. owner/operator must request approval for an Acting Manager, Transport Airplane Regulatory Impact alternative method of compliance in accordance with paragraph (b) of this AD. Directorate, Aircraft Certification Service. The regulations proposed herein The request should include an assessment of [FR Doc. 96–22473 Filed 9–3–96; 8:45 am] would not have substantial direct effects the effect of the modification, alteration, or BILLING CODE 4910±13±U repair on the unsafe condition addressed by on the States, on the relationship this AD; and, if the unsafe condition has not between the national government and been eliminated, the request should include the States, or on the distribution of specific proposed actions to address it. DEPARTMENT OF THE INTERIOR power and responsibilities among the Compliance: Required as indicated, unless various levels of government. Therefore, accomplished previously. Office of Surface Mining Reclamation in accordance with Executive Order To prevent excessive wear of the aileron and Enforcement 12612, it is determined that this push-pull tube, which could result in uneven proposal would not have sufficient movement of the control wheel, perforation 30 CFR Part 917 federalism implications to warrant the of the aileron push-pull tube, and consequent [KY±210] preparation of a Federalism Assessment. reduced roll control of the airplane; accomplish the following: Kentucky Regulatory Program For the reasons discussed above, I (a) Within 50 hours time-in-service after certify that this proposed regulation (1) the effective date of this AD, inspect the left AGENCY: Office of Surface Mining is not a ‘‘significant regulatory action’’ and right aileron push-pull tubes for wear Reclamation and Enforcement (OSM), under Executive Order 12866; (2) is not and the guide rollers for smoothness of rotation, in accordance with Astra Jet Service Interior. a ‘‘significant rule’’ under the DOT Bulletin SB 1123–27–043, dated June 12, ACTION: Proposed rule; public comment Regulatory Policies and Procedures (44 1995 (for Model 1123 series airplanes); or period and opportunity for public FR 11034, February 26, 1979); and (3) if Service Bulletin SB 1124–27–129, dated June hearing. promulgated, will not have a significant 12, 1995 (for Model 1124 and 1124A Series economic impact, positive or negative, airplanes); as applicable. SUMMARY: OSM is announcing receipt of on a substantial number of small entities (1) If no wear is detected or if wear is a proposed amendment to the Kentucky under the criteria of the Regulatory within the limits specified in the applicable regulatory program (hereinafter the Flexibility Act. A copy of the draft service bulletin, repeat the inspections thereafter at intervals not to exceed 600 hours ‘‘Kentucky program’’) under the Surface regulatory evaluation prepared for this time-in-service. Mining Control and Reclamation Act of action is contained in the Rules Docket. (2) If any wear is detected and that wear 1977 (SMCRA). The proposed A copy of it may be obtained by is outside the limits specified in the amendment consists of revisions to the contacting the Rules Docket at the applicable service bulletin, prior to further Kentucky statues pertaining to bonds, location provided under the caption flight, replace the tube with serviceable parts permitting, coal waste disposal, ADDRESSES. in accordance with the applicable service administrative hearings, and civil bulletin. Thereafter, repeat the inspections at penalties. The amendment is intended List of Subjects in 14 CFR Part 39 intervals not to exceed 600 hours time-in- service. to revise the Kentucky program to be Air transportation, Aircraft, Aviation (3) If the guide rollers do not rotate consistent with the corresponding safety, Safety. smoothly, accomplish either paragraph Federal regulations. The Proposed Amendment (a)(3)(i) or (a)(3)(ii) of this AD. Thereafter, DATES: Written comments must be repeat the inspections at intervals not to received by 4:00 p.m., [E.D.T.], October Accordingly, pursuant to the exceed 600 hours time-in-service. 4, 1996. If requested, a public hearing authority delegated to me by the (i) Prior to further flight, repair the guide on the proposed amendment will be roller in accordance with the applicable Administrator, the Federal Aviation service bulletin. Or held on September 30, 1996. Requests to Administration proposes to amend part (ii) Prior to further flight, replace the guide speak at the hearing must be received by 39 of the Federal Aviation Regulations roller with serviceable parts in accordance 4:00 p.m., [E.D.T.], on September 18, (14 CFR part 39) as follows: with the applicable service bulletin. 1996. 46578 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules

ADDRESSES: Written comments and a surety bond or letter credit, to enter a officials to prepare adequate responses requests to speak at the hearing should contract with an overlapping permittee and appropriate questions. be mailed or hand delivered to William to perform reclamation on the forfeited The public hearing will continue on J. Kovacic, Director, at the address listed permit area. KRS 350.150(1) is amended the specified date until all persons below. to exempt contracts negotiated under scheduled to speak have been heard. Copies of the Kentucky program, the new subsection KRS 350.131(3) from the Persons in the audience who have not proposed amendment, a listing of any requirement that reclamation contracts been scheduled to speak, and who wish scheduled public hearings, and all be awarded to the lowest responsible to do so, will be heard following those written comments received in response bidder upon competitive bids. KRS who have been scheduled. The hearing to this document will be available for Chapter 350 Section (3) is added to will end after all persons scheduled to public review at the addresses listed allow Kentucky to negotiate improved speak and persons present in the below during normal business hours, coordination among Federal and State audience who wish to speak have been Monday through Friday, excluding agencies in reviewing proposals for heard. holidays. Each requester may receive reinjection or backstowing of coal Any disabled individual who has one free copy of the proposed processing waste and underground need for a special accommodation to amendment by contacting OSM’s development waste. House Bill 764 attend a public hearing should contact Lexington Field Office. amends KRS 350.0301(1) to allow a the individual listed under FOR FURTHER William J. Kovacic, Director, Lexington person contesting a failure-to-abate INFORMATION CONTACT. Field Office, Office of Surface Mining cessation order to also contest the Public Meeting underlying noncompliance at the Reclamation and Enforcement, 2675 If only one person requests an hearing on the cessation order. KRS Regency Road, Lexington, Kentucky opportunity to speak at a hearing, a 350.990(1) is amended to require that 40503, Telephone: (606) 233–2896. public meeting, rather than a public Kentucky assess up to $5,000 on each Department of Surface Mining hearing, may be held. Persons wishing violation in a noncompliance Reclamation and Enforcement, 2 to meet with OSM representatives to Hudson Hollow Complex, Frankfort, underlying an imminent danger discuss the proposed amendment may Kentucky 40601, Telephone: (502) cessation order but prohibits the request a meeting by contacting the assessment of a separate penalty on the 564–6940. person listed under FOR FURTHER cessation order itself. FOR FURTHER INFORMATION CONTACT: INFORMATION CONTRACT. William J. Kovacic, Director, Lexington III. Public Comment Procedures All such meetings will be open to the Field Office, Telephone: (606) 233– public and, if possible, notices of 2896. In accordance with the provisions of meetings will be posted at the locations 30 CFR 732.17(h), OSM is seeking SUPPLEMENTARY INFORMATION: listed under ADDRESSES. A written comments on whether the proposed summary of each meeting will be made I. Background on the Kentucky amendment satisfies the applicable a part of the Administrative Record. Program program approval criteria of 30 CFR IV. Procedural Determinations On May 18, 1982, the Secretary of the 732.15. If the amendment is deemed Interior conditionally approved the adequate, it will become part of the Executive Order 12866 Kentucky program. Kentucky program. Background This rule is exempted from review by information on the Kentucky program, Written Comments the Office of Management and Budget including the Secretary’s findings, the (OMB) under Executive Order 12866 Written comments should be specific, disposition of comments, and the (Regulatory Planning and Review). conditions of approval can be found in pertain only to the issues proposed in the May 18, 1982, Federal Register (47 this rulemaking, and include Executive Order 12778 FR 21404). Subsequent actions explanations in support of the The Department of the Interior has concerning the conditions of approval commenter’s recommendations. conducted the reviews required by and program amendments can be found Comments received after the time section 2 of Executive Order 12778 at 30 CFR 917.11, 917.13, 917.15, indicated under ‘‘DATES’’ or at (Civil Justice Reform) and has 917.16, and 917.17. locations other than the Lexington Field determined that, to the extent allowed Office will not necessarily be by law, this rule meets the applicable II. Description of the Proposed considered in the final rulemaking or standards of subsections (a) and (b) of Amendment included in the Administrative Record. that section. However, these standards By letter dated August 15, 1996, Public Hearing are not applicable to the actual language (Administrative Record No. KY–1371) of State regulatory programs and Kentucky submitted a proposed Persons wishing to speak at the public program amendments since each such amendment to its program pursuant to hearing should contact the person listed program is drafted and promulgated by SMCRA at its own initiative. Senate Bill under FOR FURTHER INFORMATION a specific State, not by OSM. Under 231 and House Bill 764 enacted on CONTACT by 4:00 p.m., [E.D.T.] on sections 503 and 505 of SMCRA (30 March 28, 1996, revised the following September 19, 1996. The location and U.S.C. 1253 and 1255) and CFR 730.11, provisions of the Kentucky Revised time of the hearing will be arranged 732.15, and 732.17(h)(10), decisions on Statutes (KRS): KRS 350.131(3); KRS with those persons requesting the proposed State regulatory programs and 350.150(1); KRS Chapter 350 Section hearing. If on one requests an program amendments submitted by the (3); KRS 350.0301(1); and KRS opportunity to speak at the public States must be based solely on a 350.990(1). hearing, the hearing will not be held. determination of whether the submittal Specifically, Kentucky proposes to Filing of a written statement at the is consistent with SMCRA and its make the following changes. Senate Bill time of the hearing is requested as it implementing Federal regulations and 231 creates a new subsection at KRS will greatly assist the transcriber. whether the other requirements of 30 350.131(3) that allows Kentucky to use Submission of written statements in CFR Parts 730, 731, and 732 have been money from a forfeited bond, other than advance of the hearing will allow OSM met. Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46579

National Environmental Policy Act DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: HUMAN SERVICES No environmental impact statement is I. Background required for this rule since section Health Care Financing Administration A. Statute and Regulations 702(d) of SMCRA (30 U.S.C. 1292(d)) 42 CFR Part 418 Hospice care is an approach to provides that agency decisions on treatment that recognizes that the proposed State regulatory program impending death of an individual provisions do not constitute major [BPD±820±P] warrants a change in focus from curative Federal actions within the meaning of care to palliative care (relief of pain and section 102(2)(C) of the National RIN 0938±AG93 other uncomfortable symptoms). The Environmental Policy Act (42 U.S.C. goal of hospice care is to help terminally 4332(2)(C)). Medicare Program; Hospice Wage ill individuals continue life with Index Paperwork Reduction Act minimal disruption to normal activities AGENCY: Health Care Financing while remaining primarily in the home This rule does not contain Administration (HCFA), HHS. environment. A hospice uses an interdisciplinary approach to deliver information collection requirements that ACTION: Proposed rule. require approval by OMB under the medical, social, psychological, Paperwork Reduction Act (44 U.S.C. SUMMARY: This proposed rule would emotional, and spiritual services 3507 et seq.). establish a methodology to update the through the use of a broad spectrum of wage index used to adjust Medicare professional and other caregivers, with Regulatory Flexibility Act payment rates for hospice care. The the goal of making the individual as wage index is used to reflect local physically and emotionally comfortable The Department of the Interior has as possible. Counseling and respite determined that this rule will not have differences in wage levels. A new wage index is needed because the index services are available to the family of a significant economic impact on a the hospice patient. Hospice programs substantial number of small entities currently applied is based on 1981 wage and employment data and has not been consider both the patient and the family under the Regulatory Flexibility Act (5 updated since 1983. The methodology is as a unit of care. U.S.C. 601 et seq.). The State submittal based on the recommendations of a Section 122 of the Tax Equity and which is the subject of this rule is based negotiated rulemaking advisory Fiscal Responsibility Act of 1982 upon counterpart Federal regulations for committee comprised of persons who (TEFRA) (Public Law 97–248) added which an economic analysis was represent interests affected by the section 1861(dd) to the Social Security prepared and certification made that hospice rules. Act (the Act) to provide coverage for such regulations would not have a hospice care for terminally ill Medicare DATES: Comments will be considered if significant economic effect upon a beneficiaries who elect to receive care we receive them at the appropriate from a participating hospice. The substantial number of small entities. address, as provided below, no later statutory authority for payment to Accordingly, this rule will ensure that than 5 p.m. on November 4, 1996. existing requirements previously hospices participating in the Medicare ADDRESSES: Mail written comments (one promulgated by OSM will be program is contained in section 1814(i) original and three copies) to the implemented by the State. In making the of the Act. following address: Health Care determination as to whether this rule On December 16, 1983, we published Financing Administration, Department a final rule in the Federal Register (48 would have a significant economic of Health and Human Services, impact, the Department relied upon the FR 56008) that, effective for hospice Attention: BPD–820–P, P.O. Box 7517, services furnished on or after November data and assumptions for the Baltimore, MD 21207–0519. counterpart Federal regulations. 1, 1983, established eligibility If you prefer, you may deliver your requirements and payment standards Unfunded Mandates written comments (one original and and procedures, defined covered three copies) to one of the following services, and delineated the conditions This rule will not impose a cost of addresses: Room 309–G, Hubert H. a hospice must meet to be approved for $100 million or more in any given year Humphrey Building, 200 Independence participation in the Medicare program. on any governmental entity or the Avenue, SW, Washington, DC 20201, or Regulations at 42 CFR part 418, private sector. Room C5–09–26, 7500 Security subpart G, Payment for Hospice Care, Boulevard, Baltimore, MD 21244–1850. provide for payment to hospices based List of Subjects in 30 CFR Part 917 Because of staffing and resource on one of four prospectively determined Intergovernmental relations, Surface limitations, we cannot accept comments rates for each day in which a qualified by facsimile (FAX) transmission. In mining, Underground mining. Medicare beneficiary is under the care commenting, please refer to file code of a hospice. The four rate categories are Dated: August 27, 1996. BPD–820–P. Comments received timely routine home care, continuous home Vann Weaver, will be available for public inspection as care, inpatient respite care, and general Acting Regional Director, Appalachian they are received, generally beginning inpatient care. Payment rates are Regional Coordinating Center. approximately 3 weeks after publication established for each category. [FR Doc. 96–22446 Filed 9–3–96; 8:45 am] of a document, in Room 309–G of the The final rule of December 16, 1983 Department’s offices at 200 BILLING CODE 4310±05±M (48 FR 56034) included the following Independence Avenue, SW., provisions with regard to payment: Washington, DC, on Monday through • Provision for adjustment to the Friday of each week from 8:30 a.m. to payment rates to reflect differences in 5 p.m. (phone: (202) 690–7890). area wage levels. Since hospice care is FOR FURTHER INFORMATION CONTACT: labor-intensive, adjustment was Jennifer Carter, (410) 786–4615. necessary to permit payment of higher 46580 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules rates in areas with relatively high wage updated the hospital wage index local differences in area wage levels. levels, and proportionately lower rates annually, based on a survey of wages The notice solicited public comment on in areas with wage levels below the and wage-related costs of short-term, the appropriateness of the negotiated national average. acute care hospitals. rulemaking process for updating the • Provision that the labor market The most recent hospital wage index hospice wage index and on whether we areas be based on the definitions of was published in the Federal Register identified all of the interests that would Metropolitan Statistical Areas (MSAs) on September 1, 1995 (60 FR 45778). It be affected. As a result, we received issued by the Office of Management and is based on the data collected from the eight public comments. The Budget (OMB). Medicare cost reports submitted by commenters supported our decision to • Provision that the wage index used hospitals for cost reporting periods establish a negotiating committee and to adjust the hospice payment rates was beginning in fiscal year 1992. utilize the negotiated rulemaking to be the wage index published in the process for this purpose. Federal Register on September 1, 1983 B. The Negotiated Rulemaking Advisory Committee We published a notice in the Federal (48 FR 39871) for purposes of Register on December 29, 1994 to determining Medicare inpatient hospital The Negotiated Rulemaking Act of announce establishment of the prospective payment rates. This hospital 1990 (Public Law 101–648), which Negotiated Rulemaking Advisory wage index, which is still in use for encourages agencies to use negotiated Committee on the Medicare Hospice hospices, was based on calendar year rulemaking to enhance the informal Wage Index (59 FR 67264). The 1981 hospital wage and employment rulemaking process, established a Committee represented interests that data obtained from the Bureau of Labor framework for the conduct of negotiated would be significantly affected by the Statistics’ (BLS) ES 202 Employment, rulemaking. Negotiated rulemaking is a adoption of a new wage index and Wages and Contributions file for process by which a proposed rule is included an appropriate mix of interests hospital workers. developed by a committee of and backgrounds. Committee members • Provision that, in applying the representatives of interests that may be included representatives of national hospital wage index to the hospice rates, significantly affected by the rule, we use an index value of 0.8 if the hospice associations; rural, urban, large, including a government representative. and small hospices; multi-site hospices; hospital wage index value were lower The goal of the process is to reach than 0.8. The use of a wage index and consumer groups. In addition, consensus on the text or content of the during the process, when the Committee ‘‘floor’’ reflected our belief that an index proposed rule, which then is published value below 0.8 would make payment identified large groups of hospices for public comment. The committee is likely to suffer a significant negative levels very low. We believed this would assisted by a neutral facilitator unduly jeopardize the availability of the impact as a result of the revised wage (mediator). Consensus means index, attempts were made to contact benefit in rural areas by discouraging unanimous concurrence of all participation in the Medicare hospice representatives of those groups for their committee members. input, as well as to provide them an program by hospices that are located in We chose to use the negotiated opportunity to participate in the these areas, and by inhibiting the ability rulemaking process to update the meetings and discussions. of these rural hospices to attract and hospice wage index for the following retain sufficient skilled staff. reasons: C. Consensus Agreement The hospice wage index has not been • There was a general recognition by updated since 1983. Over the ensuing the hospice industry that the existing The Committee met five times from years, we instituted many changes in wage index is not satisfactory and that November 1994 to April 1995. Its the hospital wage index in order to further inaction will likely widen the deliberations focused on the following ensure its continuing accuracy for gap between the existing index and a issues: the data source for the wage hospitals. Since these changes have not revised index. index; the budget neutrality adjustment; been applied to hospices, there are • Industry and consumer continued application of a wage index widening differences between the representatives exhibited a high degree floor; the transition period; future existing hospice wage index and actual of willingness to participate. updates; and the effective date of a wage levels. The existing hospice wage • There were opportunities for revised index. The Committee reached index is based on 1981 BLS hospital compromises among the various consensus on a hospice wage index that data; however, BLS data are no longer interests, as well as an opportunity for results from the methodology described used in determining the hospital wage creative problemsolving that could lead below. The Committee Statement is index. Based on our concern that the to an acceptable result. included as an addendum at the end of BLS data did not accurately reflect • Even if consensus were not this proposed rule. hospital wages, we conducted a survey achieved, acceptability of the resulting In the Agreement with which all of hospital wage and wage related costs wage index would be enhanced by the Committee members concurred, HCFA and, in fiscal year 1986, implemented a type of information-sharing that would agreed that it would, to the maximum hospital wage index based solely on occur in the context of negotiation. extent possible and consistent with HCFA survey data. We repeated the On October 14, 1994, we published in applicable legal obligations, draft a survey in 1988 and implemented a the Federal Register a notice of intent proposed rule consistent with the revised hospital wage index during to establish an advisory committee Committee Statement, and publish it as fiscal year 1991. under the Federal Advisory Committee a Notice of Proposed Rulemaking. Additionally, in fiscal year 1991, we Act to negotiate the hospice wage index Accordingly, under the proposed rule, began adjusting the hospital wage index (59 FR 52129). The purpose of this the revised hospice wage index will be to take into account the geographic committee was to provide advice and calculated in a manner fully consistent reclassification of hospitals in make recommendations to the Secretary with the negotiated rulemaking process accordance with sections 1886(d)(8)(B) with respect to the text or content of a and the Committee Statement. The one and 1886(d)(10) of the Act. Beginning in proposed rule on the wage index used exception will be the wage index value fiscal year 1994, in accordance with to adjust payment rates for hospices for the Virgin Islands, as noted in section 1886(d)(3)(E) of the Act, we have under the Medicare program to reflect section III.D of this preamble. Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46581

1. Data to be Used census, and updated periodically by 3. Wage Index Floor A primary concern of the Committee OMB. Any changes to the MSA The Committee discussed retention of was the data to be used to construct a definitions would be effective annually the wage index floor in terms of its revised hospice wage index. Options and announced in the final rule original intended purpose—allowing considered by the Committee included updating the hospice wage index. hospices in rural areas to recruit and continued use of BLS data, updated 2. Budget Neutrality retain staff. In addition, the Committee hospital wage data, hospice-specific Options considered by the Committee discussed transportation issues data, and data used for the physician regarding budget neutrality included the experienced by hospice programs in payment system. The Committee following: (1) whether to apply a budget both rural and urban areas. Information considered the following criteria in neutrality adjustment; (2) whether the was provided to the Committee evaluating the available data sources: illustrating those wage index areas that • adjustment would be applied equally to Fundamental equity of the wage all wage index values; and (3) whether are protected by the current wage index index. floor. The Committee determined that in • the budget neutrality adjustment would Data that reflected actual work be applied after the transition period order to maintain the viability of the performed by hospice personnel. hospice programs in rural and other low • (see section I.C.4, of this preamble). Reliability of data. The Committee determined that, each wage index areas, it was appropriate to • Variability of data (that is, fewer year in updating the wage index, continue to assist those areas with wage shifts in wage index values from year to aggregate Medicare payments to index values below 0.8 by providing an year). hospices would remain the same, using adjustment to the wage component of • Uniform treatment across MSAs. the revised wage index as if the 1983 the rate. In reaching consensus on the • Compatibility with wage indices wage index had not been updated. Thus, adjustment factor, the Committee used by HCFA for other Medicare although payments to individual considered alternatives such as providers. hospice programs may change each retention of the 0.8 wage index floor, the • Accuracy of data (that is, ability to year, overall Medicare payments to impact of other floor values on the eliminate data errors). hospices would not be affected by budget neutrality adjustment, and use of • Preserving access to hospice care. updating the wage index, that is, budget a two-tiered floor. The Committee • Minimizing losses in payment to a neutrality will be maintained during reached consensus on a 15-percent high percentage of hospices, or and after the transition period. increase adjustment for those wage areas minimizing the total amount hospices In order to ensure budget neutrality, below 0.8, up to a maximum of 0.8, to would lose on an individual basis. an adjustment would be made to the assist hospices in areas with low wage • Limitation of data to Medicare- payments that would otherwise be made index values to continue to provide certified agencies. to individual hospices for the period access to hospice care. • Cost of data collection. beginning on the effective date of the However, the Committee also agreed • Lack of bias against rural areas or final rule and ending September 30, that hospices should not receive the urban areas. 1997. We would determine the amount benefit of both the budget neutrality • Availability of the data for timely of the budget neutrality adjustment by adjustment and a wage index floor implementation. first computing the amount of hospice adjustment. Thus, for those wage areas The Committee heard presentations payments that would have resulted from below 0.8, the revised wage index for about the different types of data the hospice payment methodology using the area will be the greater of the available and determined that, since the 1983 hospice wage index. To following— hospice-specific data are unavailable, perform this computation for this • The pre-reclassification hospital the hospital wage index data best proposed rule, we obtained the 1995 wage index value times a budget represents hospices. December update of the national claims neutrality adjustment factor; or The Committee agreed that the history file of all bills submitted during • The pre-reclassification hospital revised wage index would be based for fiscal year 1995. We deleted all bills wage index value multiplied by 1.15, each fiscal year on the most currently from hospices that have since closed. but subject to a maximum wage index available data used by HCFA to Then, we computed program value of 0.8. construct a wage index for hospitals expenditures using updated hospital under the prospective payment system, wage data (that is, 1993 hospital wage 4. Transition Period before adjustments are made to take into data for fiscal year 1997). To achieve The revised wage index would not be account the geographic reclassification budget neutrality, we have determined fully implemented until October 1, of hospitals in accordance with sections that it would be necessary to apply a 1998. For the transition period 1886(d)(8)(B) and (d)(10) of the Act. budget neutrality adjustment factor of beginning on the effective date of the Among the reasons the Committee chose 1.020702 to the wage portion of the final rule and ending September 30, to recommend use of unadjusted payment rate. That is, an increase of 2 1997, a blended index value would be hospital wage data was to avoid further percent to the wage portion of the calculated by adding two-thirds of the reductions in certain rural statewide payment rate results in the same wage index value currently in effect for wage index values that result from program expenditures as would have hospices in an area (the 1983 index) to reclassification. (Reductions occur been realized had we continued to one-third of the pre-reclassification because, when rural hospitals are apply the 1983 hospice wage index. For hospital wage index value or the reclassified to urban areas, the wage fiscal year 1998 and subsequent years, a adjusted index value, as applicable. data from the affected hospitals are not budget neutrality adjustment would be During the second year of the transition included in determining the statewide made using the most currently available period, beginning October 1, 1997, the rural rate.) HCFA hospital data. A budget neutrality calculation would be similar, except Each hospice’s labor market area adjustment factor would be calculated that the blend would be one-third of the would be established by the MSA each year in order to maintain aggregate 1983 index value and two-thirds of the definitions issued by the OMB on payments that would have been made pre-reclassification or adjusted wage December 28, 1992, based on the 1990 under the 1983 wage index. index value. A fully updated hospice 46582 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules wage index, based on the most current inpatient hospital services under the The continuous home care rate is hospital wage index, would be prospective payment system for intended only for periods of crisis when implemented beginning October 1, hospitals. However, section 13504 of the predominantly skilled continuous care 1998. Omnibus Budget Reconciliation Act of is necessary to achieve palliation or The hospital wage index establishes a 1993 (Public Law 103–66) amended management of the patient’s acute wage index value for each MSA and section 1814(i) of the Act to decrease the medical symptoms and only as rural statewide values. However, amount of the market basket percentage necessary to maintain the patient at because MSA definitions have changed increase that is applied to hospice rates home. The current continuous home since 1983, we also need to develop a for fiscal years 1994 through 1997. For care hourly rate is $22.45 and the daily methodology for setting wage index hospice payments in fiscal years 1996 payment rate is $538.87. values for hospices in counties that are and 1997, the market basket increase is • Inpatient Respite Care—The no longer in the same MSA as they were reduced by 1.5 percent and 0.5 percent, hospice is paid the inpatient respite care in 1983. The Committee agreed that the respectively. For fiscal years after 1997, rate for each day the patient is in a wage index value for hospices located in hospices receive the full hospital market Medicare or Medicaid approved these counties for the first year of the basket increase. Following is a brief inpatient facility receiving respite care. transition would be calculated by description of each level of care and the The inpatient respite rate applies adding two-thirds of the wage index current daily payment rates for the specifically to situations where the value for the MSA to which the county period October 1, 1995 through patient’s family members or other was assigned in 1983 to one-third of the September 30, 1996. persons caring for the patient need a updated wage index value for the area • Routine Home Care—As specified short period of relief. Payment is limited to which the county is now assigned. in § 418.302(d)(3) of the regulations, the to no more than 5 consecutive days. Throughout the transition period, new payment rate for routine home care is Subsequent days of respite care are paid hospices would be treated the same as paid to the hospice for each day during at the routine home care rate. The existing hospices based in the same which a Medicare beneficiary is under current daily payment rate for inpatient county. the care of the hospice, and not respite care is $95.50. • 5. Annual Updates receiving the care described under General Inpatient Care—The continuous home care, inpatient respite hospice is paid the general inpatient The revised hospice wage index care, or general inpatient care, care rate for each day the patient is in would be updated annually, beginning regardless of the volume and intensity a Medicare or Medicaid approved on October 1, 1997, so that it is based of the services provided on any given inpatient setting to receive services that on the most currently available HCFA day. The current routine home care rate are reasonable and necessary for the hospital data, including any changes to is $92.32. palliation or management of acute and the definitions of MSAs. • Continuous Home Care—The severe clinical problems related to the While Committee members supported hospice is paid the continuous home terminal condition that cannot be the use of the most currently available care rate when, in order to maintain the managed in other settings. The current data, the Committee determined that terminally ill patient at home in a daily payment rate for general inpatient this must be balanced against the period of crisis, nursing care is required care is $410.72. interest of allowing hospices sufficient on a continuous basis. Either home B. Adjustment for Wage Variations time to adjust to shifts in wage index health aide or homemaker services or values. Accordingly, it was agreed by both may also be provided. Medicare In adjusting the payment rates, we the Committee that HCFA would use the regulations at § 418.302(e)(4) specify separate the national payment rates into most current hospital cost report data that the hospice payment on a components that reflect the estimated available that would allow us to publish continuous home care day varies proportion of the rate that is attributable a proposed rule containing wage index depending on the number of hours of to wage and nonwage costs. We then values for hospices at least 4 months in continuous care. The continuous home multiply the wage component of each advance of the effective date. care rate is divided by 24 to yield an rate by the wage index value applicable II. Current Payment Procedures for hourly rate. The number of hours of to the area in which the hospice is Hospice Care continuous home care furnished during located (adjusted wage component). The a continuous home care day is rate paid to a hospice is the sum of the A. Annual Increase in Payment Rates multiplied by the hourly rate to non-wage component and the adjusted Section 1814(i)(1)(C)(ii) of the Act calculate the hospice payment amount wage component. provides for an annual increase in the for that day. The hospice must furnish The following table indicates the hospice payment rates based on the rate a minimum of 8 hours of continuous current hospice payment rates and the of increase in the hospital market basket home care on a particular day to qualify amount (in dollars) of each rate subject index used to adjust payments for for the continuous home care daily rate. to adjustment by the wage index:

Compo- National nent sub- Nonwage Payment category rate ject to component index

Routine home ...... $92.32 $63.43 $28.89 Continuous home ...... 538.87 370.26 168.61 Inpatient respite ...... 95.50 51.69 43.81 General inpatient ...... 410.72 262.90 147.82 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46583

III. Proposed Hospice Wage Index The wage data are reported after October 1, 1992, and before Existing hospice regulations at electronically to HCFA through the October 1, 1993. § 418.306(c) provide that the payment Hospital Cost Report Information Step 2—For each hospital, we subtract rates established by HCFA are adjusted System (HCRIS). The HCRIS system the excluded salaries (that is, direct by the intermediary to reflect local includes several screens to identify salaries attributable to skilled nursing differences in wages. We are proposing unusual data. Then, we initiate an facility services, home health services, intensive review of the wage data by the to amend § 418.306(c) to add that: and other subprovider components not fiscal intermediaries to ensure quality • The hospice wage index is updated subject to the prospective payment and accuracy. Finally, we subject the annually based on the most current system) from gross hospital salaries to revised cost report data to several edit available hospital wage data, and determine net hospital salaries. To the checks. Edit failures involve data that • This data will include any changes net hospital salaries, we add hospital appear unusual and need to be verified to the definitions of Metropolitan contract labor costs, hospital fringe by the intermediary. Statistical Areas. benefits, and any home office salaries The wage file that will be used to and fringe benefits reported by the As noted above, the revised hospice construct the fiscal year 1997 proposed wage index is based on the hospital to determine total salaries plus hospital wage index will include data fringe benefits. recommendations of a Negotiated that we obtained in late January 1996 Rulemaking Advisory Committee. In the Step 3—For each hospital, we inflate from the HCRIS database and or deflate, as appropriate, the total Agreement concurred in by all subsequent changes that we received Committee members, HCFA agreed that salaries plus fringe benefits resulting from intermediaries through March from Step 2 to a common period to it would, to the maximum extent 1996. The intermediaries will be possible consistent with the applicable determine total adjusted salaries. A instructed to complete verification of complete description of this step legal obligations, draft a proposed rule questionable data elements and to consistent with the Committee appeared in the September 1995 final transmit any changes to the wage data, Prospective Payment System regulation Statement and publish it as a Notice of through HCRIS, no later than mid-June Proposed Rulemaking. We intend to for fiscal year 1996 (60 FR 45792). 1996. We expect that all outstanding Step 4—For each hospital, we subtract interpret and apply the proposed rule, if data elements will be resolved by then, adopted in final form, in a manner fully the reported excluded hours from the so that we will be able to reflect the gross hospital hours to determine net consistent with the Committee corrected data in the final hospital wage Statement. hospital hours. We increase the net index. hours by the addition of any reported If the final rule were adopted without In addition, in March 1996, we contract labor hours and home office change from the proposed rule, the only afforded hospitals an opportunity to hours to determine total hours. difference between the final rule and the evaluate the raw hospital wage data that Committee Statement would be the would be used to construct the Step 5—As part of our editing calculation of the wage index value for proposed fiscal year 1997 hospital wage process, we delete data for hospitals for the Virgin Islands, as noted in section index. Also, we will publish which we lacked sufficient III.D below. The wage index value for information in the fiscal year 1997 documentation to verify data that failed the Virgin Islands was not addressed by hospital prospective payment system edits because the hospitals are no longer the Committee, since at the time of its proposed rule to enable hospitals to participating in the Medicare program meetings there were no certified identify inconsistencies. To be reflected or are in bankruptcy status. We retained hospices located in the Virgin Islands. in the final hospital wage index, any the data for other hospitals that are no wage data corrections must be reviewed longer participating in the Medicare A. Computation of the Hospice Wage program because these hospitals Index by the intermediary and transmitted to HCFA through HCRIS by mid-June contributed to the relative wage levels The hospice wage index would be 1996. in their labor market areas during their derived from the following 1993 We have created the process fiscal year 1993 cost reporting period. hospital cost report data: described above to resolve all Step 6—Within each urban or rural • Total short-term, acute care hospital substantive wage data correction labor market area, we add the total salaries and hours. disputes before we finalize the raw wage adjusted salaries plus fringe benefits • Home office costs and hours. data for the fiscal year 1997 hospital obtained in Step 3 for all hospitals in • Fringe benefits associated with wage index. that area to determine the total adjusted hospital and home office salaries. As noted above, we are proposing to salaries plus fringe benefits for the labor • Direct patient care related contract base the fiscal year 1997 hospice wage market area. labor cost and hours. index on hospital wage data reported on Step 7—We divide the total adjusted • The exclusion of salaries and hours the fiscal year 1993 cost report prior to salaries plus fringe benefits obtained in for nonhospital type services such as reclassification; that is, the hospital Step 6 by the sum of the total hours skilled nursing facility services, home wage index will not be adjusted to take (from Step 4) for all hospitals in each health services, or other subprovider into account the geographic labor market area to determine an components that are not subject to the reclassification of hospitals in average hourly wage for the area. prospective payment system. accordance with sections 1886(d)(8)(B) Step 8—We add the total adjusted The raw hospital wage data would and 1886(d)(10) of the Act. The method salaries plus fringe benefits obtained in undergo a series of reviews and edits to used to compute the hospital wage Step 3 for all hospitals in the nation and verify the wage data from the Medicare index is as follows: then divide the sum by the national sum cost report. A detailed description of Step 1—We gather data from each of of total hours from Step 4 to arrive at a this process is contained in the the non-Federal short-term, acute care national average hourly wage. September 1, 1995 (60 FR 45778) hospitals for which data were reported Step 9—For each urban or rural labor hospital prospective payment final rule. on the Worksheet S–3, Part II of the market area, we calculate the hospital A brief description of the process Medicare cost report for the hospital’s wage index value by dividing the area follows: cost reporting periods beginning on or average hourly wage obtained in Step 7 46584 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules by the national average hourly wage sections I.C.4 and I.C.5 and in the provider characteristics. The top row of computed in Step 8. Committee Statement. the table demonstrates the neutral overall payment impact on 1,755 B. Budget Neutrality Adjustment and D. Wage Index Value for the Virgin hospices included in the analysis. The Application of Wage Index Floor for the Islands next two rows of the table categorize Proposed Hospice Index At the time of negotiations, there were hospices according to their geographic All hospice wage index values below no certified hospices located in the location (urban and rural). There are 0.8 would receive the greater of the Virgin Islands. However, since that 1,143 hospices located in urban areas following: time, a hospice program has been included in our analysis and 612 • A 15 percent increase, subject to a certified to provide services under hospices located in rural areas. The next maximum wage index value of 0.8; or Medicare. Since the Virgin Islands is not two groupings in the table indicate the • An adjustment, by multiplying the an area designated under the number of hospices by census region, hospice wage index value for a given prospective payment system for also broken down by urban and rural area by the budget neutrality adjustment hospitals, there is no hospital wage hospices. The next grouping shows the factor. In this way, wage areas with index value for the Virgin Islands. impact on hospices based on the size of Therefore, though this was not an issue values below 0.8 would not receive both the hospice’s program. We determined discussed by the Committee, we are the wage index floor adjustment and the that the majority of hospice payments proposing that the methodology to budget neutrality adjustment. All are made at the routine home care rate: calculate a wage index value for the hospice wage index values of 0.8 or therefore, we based the size of each Virgin Islands would be to gather greater would receive a budget individual hospice’s program on the information from the hospital cost neutrality adjustment, which would be report and compare hourly wages of the number of routine home care days calculated by multiplying the hospice hospital located in the Virgin Islands to provided in 1995. The next grouping wage index value for a given area by the the national average. This would shows the impact on hospices by type budget neutrality factor. generate a wage index value of 0.6594. of ownership. The final grouping shows To determine a budget neutrality the impact on hospices defined by adjustment factor, we would establish IV. Regulatory Impact Statement whether they are provider-based or the payments that would be made under Consistent with the Regulatory freestanding. the 1983 wage index. We would do this Flexibility Act (RFA) (5 U.S.C. 601 In column 2 of the table we indicate by calculating the labor-related through 612), we prepare a regulatory the number of routine home care days payments for each of the four types of flexibility analysis unless we certify that that were included in our analysis, hospice services using patient bills for a proposed rule would not have a although the analysis was performed on the most recent completed fiscal year significant economic impact on a all types of hospice care. Columns 3 and (that is, fiscal year 1995 bills would be substantial number of small entities. For 4 show the payments that would have used to calculate the fiscal year 1997 purposes of the RFA, all hospices are been made to hospices under the 1983 index). That dollar amount would be the considered to be small entities. wage index and payments that would be target for the budget neutrality Individuals and States are not included made under the 1997 wage index. As calculation. Then payments would be in the definition of a small entity. the first row in column 4 indicates, the calculated separately for the labor- In addition, section 1102(b) of the Act wage index is budget neutral. The final related portion of the rates using the requires us to prepare a regulatory column shows the percent change in wage index proposed in this rule. The impact analysis if a proposed rule may hospice payments based on the category budget neutrality factor would be have a significant impact on the of the hospice. calculated as the multiplier by which operations of a substantial number of The results of our analysis show that labor-related payments using the small rural hospitals. Such an analysis the greatest increases are for urban proposed wage index must be adjusted must conform to the provisions of hospices in the New England and to equal labor-related payments using section 603 of the RFA. For purposes of Pacific regions, 4.4 percent and 1.7 the 1983 wage index. The calculation section 1102(b) of the Act, we define a percent respectively. The greatest would be made taking into account the small rural hospital as a hospital that is decreases, besides Puerto Rico, are the respective adjustments applicable to located outside of a Metropolitan urban East South Central and West wage index values below, at, or above Statistical Area and has fewer than 50 South Central regions with 1.6 percent the 0.8 threshold described above. The beds. payments would be for the total of This impact analysis compares and 1.4 percent respectively. The most labor-related payments for each of the hospice payments under the current dramatic shift occurs in Puerto Rico, four types of hospice services. The wage index (column 3 of the table) to where urban payments decrease by 7.3 budget neutrality factor would then be the first transition year blend (column percent and rural payments decrease by applied to the wage index. To confirm 4). The wage index blend for the first 8.5 percent. Since the wage index values the accuracy of the calculation, total transition year of the 3 year transition is for the Puerto Rico region are more than payments would then be calculated by two-thirds of the current wage index 15 percent below 0.8, this region is most using the new budget neutrality added to one-third of the new wage affected by the revision to the wage adjusted wage index and would be index. The data used in developing the index floor. compared to payments using the 1983 quantitative analysis for this proposed Small hospice programs show small wage index. rule were obtained from the December decreases while larger programs show The budget neutrality factor would be 1995 update of the national claims slight increases. Proprietary hospices calculated and applied annually, both history file of all bills submitted during show slight decreases in payment due to during and after the transition period. fiscal year 1995. We deleted bills from the wage index change while voluntary hospices that have since closed. programs gain slightly. Finally, C. Transition and Annual Updates The table demonstrates the results of freestanding hospices show small We are proposing a 3-year transition our analysis. The table categorizes decreases while provider-based hospice period with annual updates as noted in hospices by various geographic and programs show small increases. Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46585

IMPACT OF PROPOSED HOSPICE WAGE INDEX CHANGE

Payments Number of Payments using new Percent Number routine home using old wage index change in of hos- care days wage index first transition hospice pay- pices (thousands) (thousands) year blend ments (thousands)

(1) (2) (3) (4) (5)

All Hospices ...... 1,755 15,085 $1,600,527 $1,600,527 ¥0.0 Urban Hospices ...... 1,143 12,995 1,415,499 1,416,030 0.0 Rural Hospices ...... 612 2,090 185,028 184,497 ¥0.3 Region (Urban): New England ...... 88 476 53,435 55,769 4.4 Middle Atlantic ...... 155 1,453 164,613 165,971 0.8 South Atlantic ...... 152 2,960 326,084 326,984 0.3 East North Cent ...... 189 2,317 251,746 249,521 ¥0.9 East South Cent ...... 76 549 59,309 58,359 ¥1.6 West North Cent ...... 76 865 85,963 85,615 ¥0.4 West South Cent ...... 148 1,693 168,385 165,986 ¥1.4 Mountain ...... 68 702 84,373 83,439 ¥1.1 Pacific ...... 162 1,842 210,740 214,321 1.7 Puerto Rico ...... 29 138 10,852 10,065 ¥7.3 Region (Rural): New England ...... 17 48 4,620 4,690 1.5 Middle Atlantic ...... 33 138 13,438 13,310 ¥1.0 South Atlantic ...... 102 450 39,330 39,165 ¥0.4 East North Cent ...... 104 392 35,140 35,073 ¥0.2 East South Cent ...... 65 282 23,743 23,656 ¥0.4 West North Cent ...... 124 290 25,412 25,310 ¥0.4 West South Cent ...... 66 212 17,756 17,688 ¥0.4 Mountain ...... 57 137 12,343 12,273 ¥0.6 Pacific ...... 41 129 12,289 12,456 1.4 Puerto Rico ...... 3 12 957 876 ¥8.5 Size (Routine home care days): 0±1,555 Days ...... 438 315 32,087 32,077 ¥0.0 1,555±4,068 Days ...... 439 1,164 113,549 113,134 ¥0.4 4,068±9,202 Days ...... 439 2,770 273,259 273,948 0.3 9,202 + Days ...... 439 10,836 1,181,632 1,181,367 ¥0.0 Unknown ...... 0 0 0 0 0.0 Type of Ownership Voluntary ...... 821 7,889 832,891 834,314 0.2 Proprietary ...... 756 6,706 720,070 718,637 ¥0.2 Government ...... 177 487 47,330 47,340 0.0 Unknown ...... 1 3 236 236 0.2 Hospice Base: Freestanding ...... 651 8,242 877,025 874,053 ¥0.3 Home Health Agency ...... 651 4,073 428,636 430,987 0.5 Hospital ...... 437 2,596 272,480 273,149 0.2 Unknown ...... 16 174 22,386 22,337 ¥0.2

We have concluded that this small rural hospitals. For these reasons, a subsequent document, we will regulation will have an impact on small we are not preparing analyses for the respond to the comments in the hospices. However, the provisions of RFA or section 1102(b) of the Act. preamble to that document. this regulation were determined by In accordance with the provisions of B. Collection of Information consensus through a negotiated Executive Order 12866, this regulation Requirements rulemaking committee. Based on all of was reviewed by the Office of the options considered, the committee Management and Budget. This document does not impose determined that the provisions V. Other Information information collection and proposed in this regulation were recordkeeping requirements. favorable for the hospice community as A. Response to Comments Consequently, it need not be reviewed a whole, as well as for the beneficiaries Because of the large number of items by the Office of Management and that they serve. of correspondence we normally receive Budget under the authority of the We have also determined, and the on Federal Register documents Paperwork Reduction Act of 1995 (44 Secretary certifies, that this proposed published for comment, we are not able U.S.C. 3501 et seq.). rule would not result in a significant to acknowledge or respond to them List of Subjects in 42 CFR Part 418 economic impact on a substantial individually. We will consider all number of small entities and would not comments we receive by the date and Health facilities, Hospice care, have a significant impact on the time specified in the DATES section of Medicare, Reporting and recordkeeping operations of a substantial number of this preamble, and, if we proceed with requirements. 46586 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules

42 CFR part 418 would be amended The hospital wage index prior to E. Annual Updates as set forth below. reclassification will be referred to in this The Revised Wage Index will be statement as the Raw Index and will be PART 418ÐHOSPICE CARE updated annually, so that it is based on adjusted as provided below to calculate the most current available data used by 1. The authority citation for part 418 what will be referred to as the Revised HCFA to construct the hospital wage continues to read as follows: Wage Index. index, as well as on changes by the Special provisions governing a Office of Management and Budget to Authority: Secs. 1102 and 1871 of the transition period are described in Metropolitan Statistical Areas as Social Security Act (42 U.S.C. 1302 and paragraph D below. 1395hh). adopted by HCFA in calculating the 2. In § 418.306, paragraph (c) is B. Budget Neutrality hospital wage index. revised to read as follows: HCFA will determine a Budget HCFA will use the most current Neutrality Factor that will be applied to hospital cost report data available that § 418.306 Determination of payment allows HCFA to publish a proposed rule amounts. achieve budget neutrality during and after the transition period. Budget containing wage index values at least 4 * * * * * neutrality means that, in a given year, months in advance of the effective date (c) Adjustment for wage differences. estimated aggregate payments for of each annual update to the Revised HCFA will publish annually, in the Medicare hospice services using the Wage Index. Federal Register, a hospice wage index Revised Wage Index will equal based on the most current available F. Effective Date estimated payments that would have HCFA hospital data, including any The effective date of a final rule been made for the same services if the changes to the definitions of revising the wage index as stated above wage index adopted for hospices in Metropolitan Statistical Areas. The should be October 1, 1996. 1983 (1983 Index) had remained in payment rates established by HCFA are effect. HCFA will estimate aggregate G. Statement to Accompany Proposed adjusted by the intermediary to reflect payments for Medicare hospice services and Final Hospice Wage Index Notice local differences in wages according to using the best available utilization data. the revised wage index. The proposed rule is based upon a (Catalog of Federal Domestic Assistance C. Adjustments Committee Statement developed by a Program No. 93.773, Medicare—Hospital Each Raw Index value will be Negotiating Committee on the Medicare Insurance; and Program No. 93.774, adjusted in one of two ways to hospice wage index which was Medicare—Supplementary Medical determine the Revised Wage Index convened under the Negotiated Insurance Program) value applicable to each area. Rulemaking Act. A new hospice wage Dated: May 16, 1996. (1) If the Raw Index value for any area index is needed because the existing Bruce C. Vladeck, is 0.8 or greater, the Revised Wage Index hospice wage index is based on a 1983 Administrator, Health Care Financing will be calculated by multiplying the wage index using 1981 Bureau of Labor Administration. Raw Index value for that area by the Statistics (BLS) data which is inaccurate Dated: June 27, 1996. Budget Neutrality Factor. and outdated. Donna E. Shalala, (2) If the Raw Index value for any area The Committee reached consensus; Secretary. is less than 0.8, the Revised Wage Index however, this means only that all will be the greater of either: Committee members could ‘‘live with’’ Appendix—United States Department (a) The Raw Index value for that area the agreement, considered as a whole, of Health and Human Services multiplied by the Budget Neutrality even if elements of that agreement were Negotiating Committee on the Medicare Factor; or not the preferred choice of individual Hospice Wage Index (b) The Raw Index value for that area Committee members. The Committee Committee Statement multiplied by 1.15 (in effect, a 15- Statement reflects those issues upon percent increase), but subject to a which the Committee ultimately April 13, 1995 maximum index value of 0.8. concurred, but does not address many The Negotiating Committee on issues that were considered by the D. Transition Period Medicare Hospice Wage Index has Committee. concurred in the following The Revised Wage Index will be The Committee considered the recommendations, considered as a implemented over a 3-year transition appropriate data to be used to construct whole, concerning the wage index used period beginning on or about October 1, a wage index, the appropriateness of to adjust Medicare payment rates for 1996. For the first year of the transition retaining a 0.8 floor, budget neutrality, hospice services to reflect geographic period, a blended index will be and how to structure a transition to differences in wages: calculated by adding two-thirds of each timely update the index yet ensure 1983 Index value for an area to one- access to hospice care. In particular, the A. Data to be Used third of the Revised Wage Index value Committee considered the problems The wage index for hospices will be for that area. During the second year of faced by hospices that would receive based on the wage index used by the the transition period, the calculation significant decreases under the new Health Care Financing Administration will be similar, except that the blend wage indices, rural hospices, hospices (HCFA) for hospitals under the will be one-third of the 1983 Index with low wage indices, and hospices Medicare Prospective Payment System, values and two-thirds of the Revised that may have disproportionately high prior to reclassification. This means that Wage Index values. During the third non-wage costs. the hospital wage index will not be year the Revised Wage Index will be The Committee received extensive adjusted to take into account the fully implemented. information from experts who appeared geographic reclassification of hospitals Throughout the transition period, new before the Committee and from the in accordance with sections hospices will be treated the same as hospice community, and sought public 1886(d)(8)(B) and 1886(d)(10) of the existing hospices based in the same input. While considerable data were Social Security Act. county. reviewed, the Committee acknowledges Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46587 that hospice data collection is maturing TABLE A.ÐWAGE INDEX FOR URBAN TABLE A.ÐWAGE INDEX FOR URBAN and encourages its continued AREASÐContinued AREASÐContinued development. In addition, while other issues were identified, the scope of the Urban area (Constituent counties or Wage Urban area (Constituent counties or Wage Committee’s negotiations was limited by county equivalents) index county equivalents) index the Notice of Intent to Negotiate. Given these constraints, and taking Livingston, MI ...... 1.2137 West Baton Rouge, LA ...... 0.9795 Washtenaw, MI ...... 1.2204 Beaumont-Port Arthur, TX: into account the differing and Anniston, AL: Calhoun, AL ...... 0.8539 Hardin, TX ...... 0.9637 conflicting interests that would be Appleton-Oshkosh-Neenah, WI: Jefferson, TX ...... 0.9637 significantly affected, the Committee Calumet, WI ...... 0.9635 Orange, TX ...... 0.9637 sought to develop a wage index that Outagamie, WI ...... 0.9635 Bellingham, WA: Whatcom, WA ...... 1.1034 would be as accurate, reliable, and Winnebago, WI ...... 0.9635 Benton Harbor, MI: Berrien, MI ...... 0.8838 equitable as possible, but would not Arecibo, PR: Bergen-Passaic, NJ: threaten access to hospice care. Arecibo, PR ...... 0.7109 Bergen, NJ ...... 1.0989 The Committee recognizes that Camuy, PR ...... 0.7109 Passaic, NJ ...... 1.0989 Hatillo, PR ...... 0.7109 Billings, MT: Yellowstone, MT ...... 0.9594 hospice care is still not universally Asheville, NC: Biloxi-Gulfport-Pascagoula, MS: available. The Committee further Buncombe, NC ...... 0.9653 Hancock, MS ...... 0.8844 recognizes that there may be geographic Madison, NC ...... 0.8969 Harrison, MS ...... 0.8844 or other circumstances that inhibit the Athens, GA: Jackson, MS ...... 0.9816 provision of hospice care. The Clarke, GA ...... 0.9150 Binghamton, NY: Committee strongly requests that HCFA Madison, GA ...... 0.9150 Broome, NY ...... 0.9490 consider options to address these access Oconee, GA ...... 0.9150 Tioga, NY ...... 0.9490 problems. Atlanta, GA: Birmingham, AL: Reaching consensus was a long and Barrow, GA ...... 0.9841 Blount, AL ...... 0.9915 Bartow, GA ...... 0.9218 Jefferson, AL ...... 0.9915 deliberative process. The Committee Carroll, GA ...... 0.9218 St. Clair, AL ...... 0.9915 concurred that the wage index it Cherokee, GA ...... 0.9841 Shelby, AL ...... 0.9915 recommends will be better both for the Clayton, GA ...... 0.9841 Bismarck, ND: hospice community as a whole, and for Cobb, GA ...... 0.9841 Burleigh, ND ...... 0.9400 the Medicare beneficiaries it serves, Coweta, GA ...... 0.9841 Morton, ND ...... 0.9400 than a wage index developed by the De Kalb, GA ...... 0.9841 Bloomington, IN: Monroe, IN ...... 0.9154 traditional rulemaking process. Douglas, GA ...... 0.9841 Bloomington-Normal, IL: McLean, IL 0.9934 Fayette, GA ...... 0.9841 Boise City, ID: Forsyth, GA ...... 0.9841 Ada, ID ...... 1.0470 TABLE A.ÐWAGE INDEX FOR URBAN Fulton, GA ...... 0.9841 Canyon, ID ...... 0.9277 AREAS Gwinnett, GA ...... 0.9841 Boston-Brockton-Nashua, MA±NH: Henry, GA ...... 0.9841 Bristol, MA ...... 1.0535 Urban area (Constituent counties or Wage Newton, GA ...... 0.9841 Essex, MA ...... 1.1410 county equivalents) index Paulding, GA ...... 0.9841 Middlesex, MA ...... 1.1410 Pickens, GA ...... 0.9218 Norfolk, MA ...... 1.1410 Abilene, TX: Taylor, TX ...... 0.9105 Rockdale, GA ...... 0.9841 Plymouth, MA ...... 1.1410 Aguadilla, PR: Spalding, GA ...... 0.9841 Suffolk, MA ...... 1.1410 Aguada, PR ...... 0.7032 Walton, GA ...... 0.9841 Worcester, MA ...... 1.0607 Aguadilla, PR ...... 0.7032 Atlantic City-Cape May, NJ: Hillsborough, NH ...... 1.0320 Moca, PR ...... 0.7032 Atlantic City, NJ ...... 1.1024 Merrimack, NH ...... 1.0320 Akron, OH: Cape May, NJ ...... 1.1024 Rockingham, NH ...... 0.9713 Portage, OH ...... 1.0664 Augusta-Aiken, GA±SC: Strafford, NH ...... 0.9713 Summit, OH ...... 1.0664 Columbia, GA ...... 0.9553 Boulder-Longmont, CO: Boulder, CO 0.9985 Albany, GA: McDuffie, GA ...... 0.9553 Brazoria, TX: Brazoria, TX ...... 0.8860 Dougherty, GA ...... 0.8903 Richmond, GA ...... 0.9553 Bremerton, WA: Kitsap, WA ...... 0.9834 Lee, GA ...... 0.8903 Aiken, SC ...... 0.9553 Brownsville-Harlingen-San Benito, Albany-Schenectady-Troy, NY: Edgefield, SC ...... 0.8514 TX: Cameron, TX ...... 0.9185 Albany, NY ...... 0.8969 Austin-San Marcos, TX: Bryan-College Station, TX: Brazos, Montgomery, NY ...... 0.8969 Bastrop, TX ...... 0.8675 TX ...... 0.9157 Rensselaer, NY ...... 0.8969 Caldwell, TX ...... 0.8675 Buffalo-Niagara Falls, NY: Saratoga, NY ...... 0.8969 Hays, TX ...... 1.0354 Erie, NY ...... 0.9764 Schenectady, NY ...... 0.8969 Travis, TX ...... 1.0354 Niagara, NY ...... 0.9052 Schoharie, NY ...... 0.8826 Williamson, TX ...... 1.0354 Burlington, VT: Albequerque, NM: Bakersfield, CA: Kern, CA ...... 1.1821 Chittenden, VT ...... 0.9674 Bernalillo, NM ...... 1.0392 Baltimore, MD: Franklin, VT ...... 0.9075 Sandoval, NM ...... 0.9517 Anne Arundel, MD ...... 1.0731 Grand Isle, VT ...... 0.9674 Valencia, NM ...... 0.9517 Baltimore, MD ...... 1.0731 Caguas, PR: Alexandria, LA: Rapides, LA ...... 0.9393 Baltimore City, MD ...... 1.0731 Caguas, PR ...... 0.7111 Allentown-Bethlehem-Easton, PA: Carroll, MD ...... 1.0731 Cayey, PR ...... 0.7111 Carbon, PA ...... 1.0564 Harford, MD ...... 1.0731 Cidra, PR ...... 0.7111 Lehigh, PA ...... 1.0564 Howard, MD ...... 1.0731 Gurabo, PR ...... 0.7111 Northampton, PA ...... 1.0564 Queen Annes, MD ...... 1.0731 San Lorenzo, PR ...... 0.7111 Altoona, PA: Blair, PA ...... 1.0217 Bangor, ME: Penobscot, ME ...... 0.9511 Canton-Massillon, OH: Amarillo, TX: Barnstable-Yarmouth, MA: ± Carroll, OH ...... 0.9615 Potter, TX ...... 0.9509 Barnstable, MA ...... 1.1262 Stark, OH ...... 0.9615 Randall, TX ...... 0.9509 Baton Rouge, LA: Casper, WY: Natrona, WY ...... 0.9986 Anchorage, AK: Anchorage, AK ...... 1.4483 Ascension, LA ...... 0.9795 Cedar Rapids, IA: Linn, IA ...... 0.9266 Ann Arbor, MI: East Baton Rouge, LA ...... 0.9795 Champaign-Urbana, IL: Champaign, Lenawee, MI ...... 1.0424 Livingston, LA ...... 0.9795 IL ...... 1.0174 46588 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules

TABLE A.ÐWAGE INDEX FOR URBAN TABLE A.ÐWAGE INDEX FOR URBAN TABLE A.ÐWAGE INDEX FOR URBAN AREASÐContinued AREASÐContinued AREASÐContinued

Urban area (Constituent counties or Wage Urban area (Constituent counties or Wage Urban area (Constituent counties or Wage county equivalents) index county equivalents) index county equivalents) index

Charleston-North Charleston, SC: Harris, GA ...... 0.8335 Eau Claire, WI: Berkeley, SC ...... 1.0040 Muscogee, GA ...... 0.8799 Chippewa, WI ...... 0.9562 Charleston, SC ...... 1.0040 Columbus, OH: Eau Claire, WI ...... 0.9562 Dorchester, SC ...... 1.0040 Delaware, OH ...... 1.0392 El Paso, TX: El Paso, TX ...... 0.9346 Charleston, WV: Fairfield, OH ...... 1.0392 Elkhart-Goshen, IN: Elkhart, IN ...... 0.9062 Kanawha, WV ...... 1.0756 Franklin, OH ...... 1.0392 Elmira, NY: Chemung, NY ...... 0.9850 Putnam, WV ...... 1.0756 Licking, OH ...... 1.0392 Enid, OK: Garfield, OK ...... 0.8817 Charlotte-Gastonia-Rock Hill, NC± Madison, OH ...... 1.0392 Erie, PA: Erie, PA ...... 0.9864 SC: Pickaway, OH ...... 1.0392 Eugene-Springfield, OR: Lane, OR 1.0568 Cabarrus, NC ...... 0.9929 Corpus Christi, TX: Evansville-Henderson, IN±KY: Gaston, NC ...... 0.9929 Nueces, TX ...... 0.9505 Posey, IN ...... 0.9927 Lincoln, NC ...... 0.9929 San Patricio, TX ...... 0.9505 Vanderburgh, IN ...... 0.9927 Mecklenburg, NC ...... 0.9929 Cumberland, MD±WV: Warrick, IN ...... 0.9927 Rowan, NC ...... 0.9929 Allegany, MD ...... 0.9368 Henderson, KY ...... 0.9927 Union, NC ...... 0.9929 Mineral, WV ...... 0.9368 Fargo-Moorhead, ND±MN: York, SC ...... 0.9929 Dallas, TX: Clay, MN ...... 0.9905 Charlottesville, VA: Collin, TX ...... 1.0574 Cass, ND ...... 0.9905 Albemarle, VA ...... 1.1917 Dallas, TX ...... 1.0574 Fayetteville, NC: Cumberland, NC ... 0.9416 Charlottesville City, VA ...... 1.1917 Denton, TX ...... 1.0574 Fayetteville-Springdale-Rogers, AR: Fluvanna, VA ...... 1.1917 Ellis, TX ...... 1.0574 Benton, AR ...... 0.8000 Greene, VA ...... 1.1917 Henderson, TX ...... 0.8770 Washington, AR ...... 0.8205 Chattanooga, TN±GA: Hunt, TX ...... 0.8770 Flagstaff, AZ±UT: Catoosa, GA ...... 0.9598 Kaufman, TX ...... 1.0574 Coconino, AZ ...... 0.9165 Dade, GA ...... 0.9598 Rockwall, TX ...... 1.0574 Kane, UT ...... 0.8697 Walker, GA ...... 0.9598 Danville, VA: Flint, MI: Genesee, MI ...... 1.1676 Hamilton, TN ...... 0.9598 Danville City, VA ...... 0.8818 Florence, AL: Marion, TN ...... 0.9598 Pittsylvania, VA ...... 0.8818 Colbert, AL ...... 0.8222 Cheyenne, WY: Laramie, WY ...... 0.9043 Davenport-Rock Island-Moline, IA± Lauderdale, AL ...... 0.8222 Chicago, IL: IL: Florence, SC: Florence, SC ...... 0.8424 Cook, IL ...... 1.1959 Scott, IA ...... 0.9543 Fort Collins-Loveland, CO: Larimer, De Kalb, IL ...... 0.9568 Henry, IL ...... 0.9543 CO ...... 0.9929 Du Page, IL ...... 1.1959 Rock Island, IL ...... 0.9543 Ft. Lauderdale, FL: Broward, FL ...... 1.1146 Grundy, IL ...... 1.1072 Dayton-Springfield, OH: Fort Myers-Cape Coral, FL: Lee, FL 0.9383 Kane, IL ...... 1.0436 Clark, OH ...... 1.0825 Fort Pierce-Port St. Lucie, FL: Kendall, IL ...... 1.0436 Greene, OH ...... 1.0825 Martin, FL ...... 1.0234 Lake, IL ...... 1.1203 Miami, OH ...... 1.0825 St. Lucie, FL ...... 1.0234 McHenry, IL ...... 1.1959 Montgomery, OH ...... 1.0825 Fort Smith, AR±OK: Will, IL ...... 1.1072 Daytona Beach, FL: Crawford, AR ...... 0.9286 Chico-Paradise, CA: Butte, CA ...... 1.0737 Flagler, FL ...... 0.8959 Sebastian, AR ...... 0.9286 Cincinnati, OH±KY±IN: Volusia, FL ...... 0.9621 Sequoyah, OK ...... 0.9286 Dearborn, IN ...... 1.0409 Decatur, AL: Fort Walton Beach, FL: Okaloosa, Ohio, IN ...... 0.9088 Lawrence, AL ...... 0.8303 FL ...... 0.8569 Boone, KY ...... 1.0409 Morgan, AL ...... 0.8303 Fort Wayne, IN: Campbell, KY ...... 1.0409 Decatur, IL: Macon, IL ...... 0.9366 Adams, IN ...... 0.8864 Gallatin, KY ...... 0.8773 Denver, CO: Allen, IN ...... 0.9428 Grant, KY ...... 0.8773 Adams, CO ...... 1.1763 De Kalb, IN ...... 0.9428 Kenton, KY ...... 1.0409 Arapahoe, CO ...... 1.1763 Huntington, IN ...... 0.8864 Pendleton, KY ...... 0.8773 Denver, CO ...... 1.1763 Wells, IN ...... 0.8864 Brown, OH ...... 0.9447 Douglas, CO ...... 1.1763 Whitley, IN ...... 0.9428 Clermont, OH ...... 1.0409 Jefferson, CO ...... 1.1763 Fort Worth-Arlington, TX: Hamilton, OH ...... 1.0409 Des Moines, IA: Hood, TX ...... 0.8962 Warren, OH ...... 1.0409 Dallas, IA ...... 1.0272 Johnson, TX ...... 0.9750 Clarksville-Hopkinsville, TN±KY: Polk, IA ...... 1.0272 Parker, TX ...... 0.9750 Christian, KY ...... 0.8228 Warren, IA ...... 1.0272 Tarrant, TX ...... 0.9750 Montgomery, TN ...... 0.8228 Detroit, MI: Frenso, CA: Cleveland-Lorain-Elyria, OH: Lapeer, MI ...... 1.1817 Fresno, CA ...... 1.1944 Ashtabula, OH ...... 0.9594 Macomb, MI ...... 1.1817 Madera, CA ...... 1.0689 Cuyahoga, OH ...... 1.1556 Monroe, MI ...... 1.1817 Gadsden, AL: Etowah, AL ...... 0.9312 Geauga, OH ...... 1.1556 Oakland, MI ...... 1.1817 Gainesville, FL: Alachua, FL ...... 0.9824 Lake, OH ...... 1.1556 St. Clair, MI ...... 1.1817 Galveston-Texas City, TX: Gal- Lorain, OH ...... 1.0549 Wayne, MI ...... 1.1817 veston, TX ...... 1.1795 Medina, OH ...... 1.1556 Dothan, AL: Gary, IN: Colorado Springs, CO: El Paso, CO 1.0749 Dale, AL ...... 0.8565 Lake, IN ...... 1.0917 Columbia, MO: Boone, MO ...... 1.0763 Houston, AL ...... 0.8565 Porter, IN ...... 1.0917 Columbia, SC: Dover, DE: Kent, DE ...... 0.9202 Glens Falls, NY: Lexington, SC ...... 0.9657 Dubuque, IA: Dubuque, IA ...... 0.9768 Warren, NY ...... 0.8909 Richland, SC ...... 0.9657 Duluth-Superior, MN±WI: Washington, NY ...... 0.8909 Columbus, GA±AL: St. Louis, MN ...... 0.9440 Goldsboro, NC: Wayne, NC ...... 0.8648 Russell, AL ...... 0.8799 Douglas, WI ...... 0.9440 Grand Forks, ND±MN: Chattanoochee, GA ...... 0.8799 Dutchess County, NY: Dutchess, NY 1.1038 Polk, MN ...... 0.8918 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46589

TABLE A.ÐWAGE INDEX FOR URBAN TABLE A.ÐWAGE INDEX FOR URBAN TABLE A.ÐWAGE INDEX FOR URBAN AREASÐContinued AREASÐContinued AREASÐContinued

Urban area (Constituent counties or Wage Urban area (Constituent counties or Wage Urban area (Constituent counties or Wage county equivalents) index county equivalents) index county equivalents) index

Grand Forks, ND ...... 0.9716 Madison, AL ...... 0.8889 Union, TN ...... 0.9150 Grand Junction, CO: Mesa, CO ...... 0.8504 Indianapolis, IN: Kokomo, IN: Grand Rapids-Muskegon-Holland, Boone, IN ...... 1.0568 Howard, IN ...... 0.9468 MI: Hamilton, IN ...... 1.0568 Tipton, IN ...... 0.9468 Allegan, MI ...... 0.9880 Hancock, IN ...... 1.0568 La Crosse, WI±MN: Kent, MI ...... 1.0236 Hendricks, IN ...... 1.0568 Houston, MN ...... 0.8783 Muskegon, MI ...... 0.9778 Johnson, IN ...... 1.0568 La Crosse, WI ...... 0.9337 Ottawa, MI ...... 1.0236 Madison, IN ...... 0.9979 Lafayette, LA: Great Falls, MT: Cascade, MT ...... 0.9974 Marion, IN ...... 1.0568 Acadia, LA ...... 0.8469 Greeley, CO: Weld, CO ...... 1.0673 Morgan, IN ...... 1.0568 Lafayette, LA ...... 0.9698 Green Bay, WI: Brown, WI ...... 0.9869 Shelby, IN ...... 1.0568 St. Landry, LA ...... 0.8469 Greensboro-Winston-Salem-High Iowa City, IA: Johnson, IA ...... 1.0965 St. Martin, LA ...... 0.9698 Point, NC: Jackson, MI: Jackson, MI ...... 1.0080 Lafayette, IN: Alamance, NC ...... 0.8944 Jackson, MS: Clinton, IN ...... 0.8857 Davidson, NC ...... 0.9691 Hinds, MS ...... 0.8872 Tippecanoe, IN ...... 0.9194 Davie, NC ...... 0.9691 Madison, MS ...... 0.8872 Lake Charles, LA: Calcasieu, LA ..... 0.9505 Forsyth, NC ...... 0.9691 Rankin, MS ...... 0.8872 Lakeland-Winter Haven, FL: Polk, Guilford, NC ...... 0.9691 Jackson, TN: Madison, TN ...... 0.8281 FL ...... 0.9304 Randolph, NC ...... 0.9691 Jacksonville, FL: Lancaster, PA: Lancaster, PA ...... 1.0326 Stokes, NC ...... 0.9691 Clay, FL ...... 0.9814 Lansing-East Lansing, MI: Yadkin, NC ...... 0.9691 Duval, FL ...... 0.9814 Clinton, MI ...... 1.0562 Greenville, NC: Pitt, NC ...... 0.8881 Nassau, FL ...... 0.9814 Eaton, MI ...... 1.0562 Greenville-Spartanburg-Anderson, St. Johns, FL ...... 0.9814 Ingham, MI ...... 1.0562 SC: Jacksonville, NC: Onslow, NC ...... 0.8565 Laredo, TX: Webb, TX ...... 0.8374 Anderson, SC ...... 0.8995 Jamestown, NY: Chautaqua, NY ...... 0.8477 Las Cruces, NM: Dona Ana, NM ...... 0.8651 Cherokee, SC ...... 0.8547 Janesville-Beloit, WI: Rock, WI ...... 0.9009 Las Vegas, NV±AZ: Greenville, SC ...... 0.9491 Jersey City, NJ: Hudson, NJ ...... 1.1307 Mohave, AZ ...... 0.9796 Pickens, SC ...... 0.9491 Johnson City-Kingsport-Bristol, TN± Clark, NV ...... 1.2001 Spartanburg, SC ...... 0.9491 VA: Nye, NV ...... 1.0632 Hagerstown, MD: Washington, MD 0.9995 Carter, TN ...... 0.9317 Lawrence, KS: Douglas, KS ...... 0.9598 Hamilton-Middletown, OH: Butler, Hawkins, TN ...... 0.9317 Lawton, OK: Comanche, OK ...... 0.9149 OH ...... 1.0338 Sullivan, TN ...... 0.9317 Lewiston-Auburn, ME: ± Harrisburg-Lebanon-Carlisle, PA: Unicoi, TN ...... 0.9317 Androscoggin, ME ...... 0.9453 Cumberland, PA ...... 1.0511 Washington, TN ...... 0.9317 Lexington, KY: Dauphin, PA ...... 1.0511 Bristol City, VA ...... 0.9317 Bourbon, KY ...... 0.9366 Lebanon, PA ...... 1.0511 Scott, VA ...... 0.9317 Clark, KY ...... 0.9366 Perry, PA ...... 1.0511 Washington, VA ...... 0.9317 Fayette, KY ...... 0.9366 Hartford, CT: Johnstown, PA: Jessamine, KY ...... 0.9366 Hartford, CT ...... 1.1493 Cambria, PA ...... 0.9862 Madison, KY ...... 0.8400 Litchfield, CT ...... 1.1493 Somerset, PA ...... 0.9862 Scott, KY ...... 0.9366 Middlesex, CT ...... 1.1493 Joplin, MO: Woodford, KY ...... 0.9366 Tolland, CT ...... 1.1493 Jasper, MO ...... 0.9053 Lima, OH: Hattiesburg, MS: Newton, MO ...... 0.9053 Allen, OH ...... 0.9774 Forrest, MS ...... 0.8013 Kalamazoo-Battlecreek, MI: Auglaize, OH ...... 0.9774 Lamar, MS ...... 0.8013 Calhoun, MI ...... 1.0808 Lincoln, NE: Lancaster, NE ...... 0.9027 Hickory-Morganton-Lenoir, NC: Kalamazoo, MI ...... 1.1943 Little Rock-North Little Rock, AR: Alexander, NC ...... 0.9408 Van Buren, MI ...... 1.0042 Faulkner, AR ...... 0.9861 Burke, NC ...... 0.9408 Kankakee, IL: Kankakee, IL ...... 0.9283 Lonoke, AR ...... 0.9861 Caldwell, NC ...... 0.8728 Kansas City, KS±MO: Pulaski, AR ...... 0.9861 Catawba, NC ...... 0.9408 Johnson, KS ...... 0.9897 Saline, AR ...... 0.9861 Honolulu, HI: Honolulu, HI ...... 1.1714 Leavenworth, KS ...... 0.9897 Longview-Marshall, TX: Houma, LA: Miami, KS ...... 0.9897 Gregg, TX ...... 0.8763 Lafourche, LA ...... 0.9328 Wyandotte, KS ...... 0.9897 Harrison, TX ...... 0.8763 Terrebonne, LA ...... 0.9328 Cass, MO ...... 0.9983 Upshur, TX ...... 0.8465 Houston, TX: Clay, MO ...... 0.9983 Los Angeles-Long Beach, CA: Los Chambers, TX ...... 0.8858 Clinton, MO ...... 0.8886 Angeles, CA ...... 1.3075 Fort Bend, TX ...... 1.0897 Jackson, MO ...... 0.9983 Louisville, KY±IN: Harris, TX ...... 1.0897 Lafayette, MO ...... 0.9983 Clark, IN ...... 1.0599 Liberty, TX ...... 1.0897 Platte, MO ...... 0.9983 Floyd, IN ...... 1.0599 Montgomery, TX ...... 1.0897 Ray, MO ...... 0.9983 Harrison, IN ...... 1.0599 Waller, TX ...... 1.0897 Kenosha, WI: Kenosha, WI ...... 1.0545 Scott, IN ...... 0.9077 Huntington-Ashland, WV±KY±OH: Killeen-Temple, TX: Bullitt, KY ...... 1.0599 Boyd, KY ...... 0.9803 Bell, TX ...... 0.9941 Jefferson, KY ...... 1.0599 Carter, KY ...... 0.9803 Coryell, TX ...... 0.9941 Oldham, KY ...... 1.0599 Greenup, KY ...... 0.9803 Knoxville, TN: Lubbock, TX: Lubbock, TX ...... 0.9764 Lawrence, OH ...... 0.9803 Anderson, TN ...... 0.9150 Lynchburg, VA: Cabell, WV ...... 0.9803 Blount, TN ...... 0.9150 Amherst, VA ...... 0.9022 Wayne, WV ...... 0.9803 Knox, TN ...... 0.9150 Bedford City, VA ...... 0.8531 Huntsville, AL: Loudon, TN ...... 0.8343 Bedford, VA ...... 0.8531 Limestone, AL ...... 0.8215 Sevier, TN ...... 0.9150 Campbell, VA ...... 0.9022 46590 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules

TABLE A.ÐWAGE INDEX FOR URBAN TABLE A.ÐWAGE INDEX FOR URBAN TABLE A.ÐWAGE INDEX FOR URBAN AREASÐContinued AREASÐContinued AREASÐContinued

Urban area (Constituent counties or Wage Urban area (Constituent counties or Wage Urban area (Constituent counties or Wage county equivalents) index county equivalents) index county equivalents) index

Lynchburg City, VA ...... 0.9022 Cheatham, TN ...... 1.1445 Cleveland, OK ...... 1.0074 Macon, GA: Davidson, TN ...... 1.1445 Logan, OK ...... 1.0074 Bibb, GA ...... 0.9709 Dickson, TN ...... 1.1445 McClain, OK ...... 1.0074 Houston, GA ...... 0.9709 Robertson, TN ...... 1.1445 Oklahoma, OK ...... 1.0074 Jones, GA ...... 0.9709 Rutherford TN ...... 1.1445 Pottawatomie, OK ...... 1.0074 Peach, GA ...... 0.9709 Sumner, TN ...... 1.1445 Olympia, WA: Thurston, WA ...... 1.0840 Twiggs, GA ...... 0.8792 Williamson, TN ...... 1.1445 Omaha, NE±IA: Madison, WI : Dane, WI ...... 1.0400 Wilson, TN ...... 1.1445 Pottawattamie, IA ...... 0.9293 Mansfield, OH: Nassau-Suffolk, NY: Cass, NE ...... 0.8650 Crawford, OH ...... 0.9129 Nassau, NY ...... 1.2838 Douglas, NE ...... 0.9293 Richland, OH ...... 0.9151 Suffolk, NY ...... 1.2838 Sarpy, NE ...... 0.9293 Mayaguez, PR: New Haven-Bridgeport-Stamford- Washington, NE ...... 0.9293 Anasco, PR ...... 0.6938 Danbury-Waterbury, CT: Orange County, CA: Orange, CA ..... 1.2549 Cabo Rojo, PR ...... 0.6938 Fairfield, CT ...... 1.2207 Orlando, FL: Hormigueros, PR ...... 0.6938 New Haven, CT ...... 1.1591 Lake, FL ...... 0.9164 Mayaguez, PR ...... 0.6938 New London-Norwich, CT: New Lon- Orange, FL ...... 1.0133 Sabana Grande, PR ...... 0.6938 don, CT ...... 1.1440 Osceola, FL ...... 1.0133 San German, PR ...... 0.6938 New Orleans, LA: Seminole, FL ...... 1.0133 McAllen-Edinburg-Mission, TX: Hi- Jefferson, LA ...... 1.0126 Owensboro, KY: Daviess, KY ...... 0.8565 dalgo, TX ...... 0.8594 Orleans, LA ...... 1.0126 Panama City, FL: Bay, FL ...... 0.8926 Medford-Ashland, OR: Jackson, OR 1.0138 Plaquemines, LA ...... 0.8896 Parkersburg-Marietta, WV±OH: Melbourne-Titusville-Palm Bay, FL: St. Bernard, LA ...... 1.0126 Washington, OH ...... 0.9459 Brevard, Fl ...... 0.9443 St. Charles, LA ...... 1.0126 Wood, WV ...... 0.9459 Memphis, TN±AR±MS: St. James, LA ...... 0.8896 Pensacola, FL: Crittenden, AR ...... 1.0110 St. John The Baptist, LA ...... 1.0126 Escambia, FL ...... 0.8993 De Soto, MS ...... 1.0110 St. Tammany, LA ...... 1.0126 Santa Rosa, FL ...... 0.8993 Fayette, TN ...... 0.8229 New York, NY: Peoria-Pekin, IL: Shelby, TN ...... 1.0110 Bronx, NY ...... 1.4070 Peoria, IL ...... 1.0629 Tipton, TN ...... 1.0110 Kings, NY ...... 1.4070 Tazewell, IL ...... 1.0629 Merced, CA: Merced, CA ...... 1.0513 New York, NY ...... 1.4070 Woodford, IL ...... 1.0629 Miami, FL: Dade, FL ...... 1.1198 Putnam, NY ...... 1.4070 Philadelphia, PA±NJ: Middlesex-Somerset-Hunterdon, NJ: Queens, NY ...... 1.4070 Burlington, NJ ...... 1.1812 Hunterdon, NJ ...... 1.0911 Richmond, NY ...... 1.4070 Camden, NJ ...... 1.1812 Middlesex, NJ ...... 1.0911 Rockland, NY ...... 1.4070 Gloucester, NJ ...... 1.1812 Somerset, NJ ...... 1.0911 Westchester, NY ...... 1.4070 Salem, NJ ...... 1.1222 Milwaukee-Waukesha, WI: Newark, NJ: Bucks, PA ...... 1.1812 Milwaukee, WI ...... 1.0449 Essex, NJ ...... 1.1686 Chester, PA ...... 1.1812 Ozaukee, WI ...... 1.0449 Morris, NJ ...... 1.1686 Delaware, PA ...... 1.1812 Washington, WI ...... 1.0449 Sussex, NJ ...... 1.1686 Montgomery, PA ...... 1.1812 Waukesha, WI ...... 1.0449 Union, NJ ...... 1.1686 Philadelphia, PA ...... 1.1812 Minneapolis-St Paul, MN±WI: Warren, NJ ...... 1.1162 Phoenix-Mesa, AZ: Anoka, MN ...... 1.0659 Newburgh, NY±PA: Maricopa, AZ ...... 1.0913 Carver, MN ...... 1.0659 Orange, NY ...... 1.0531 Pinal, AZ ...... 0.9435 Chisago, MN ...... 1.0659 Pike, PA ...... 1.0713 Pine Bluff, AR: Jefferson, AR ...... 0.8660 Dakota, MN ...... 1.0659 Norfolk-Virginia Beach-Newport Pittsburgh, PA: Hennepin, MN ...... 1.0659 News, VA±NC: Allegheny, PA ...... 1.1058 Isanti, MN ...... 1.0659 Currituck, NC ...... 0.8619 Beaver, PA ...... 1.0701 Ramsey, MN ...... 1.0659 Chesapeake City, VA ...... 0.9490 Butler, PA ...... 1.0338 Scott, MN ...... 1.0659 Gloucester, VA ...... 0.9490 Fayette, PA ...... 1.1058 Sherburne, MN ...... 0.9662 Hampton City, VA ...... 0.9490 Washington, PA ...... 1.1058 Washington, MN ...... 1.0659 Isle of Wight, VA ...... 0.8630 Westmoreland, PA ...... 1.1058 Wright, MN ...... 1.0659 James City, VA ...... 0.9490 Pittsfield, MA: Berkshire, MA ...... 1.0275 Pierce, WI ...... 0.9319 Mathews, VA ...... 0.8630 Ponce, PR: St. Croix, WI ...... 1.0659 Newport News City, VA ...... 0.9490 Guayanilla, PR ...... 0.7058 Mobile, AL: Norfolk City, VA ...... 0.9490 Juana Diaz, PR ...... 0.7058 Baldwin, AL ...... 0.9070 Poquoson City, VA ...... 0.9490 Penuelas, PR ...... 0.7058 Mobile, AL ...... 0.9070 Portsmouth City, VA ...... 0.9490 Ponce, PR ...... 0.7058 Modesto, CA: Stanislaus, CA ...... 1.0960 Suffolk City, VA ...... 0.9490 Villalba, PR ...... 0.7058 Monmouth-Ocean, NJ: Virginia Beach City VA ...... 0.9490 Yauco, PR ...... 0.7058 Monmouth, NJ ...... 1.0400 Williamsburg City, VA ...... 0.9490 Portland, ME: Ocean, NJ ...... 1.0400 York, VA ...... 0.9490 Cumberland, ME ...... 0.9841 Monroe, LA: Ouachita, LA ...... 0.9300 Oakland, CA: Sagadahoc, ME ...... 0.9841 Montgomery, AL: Alameda, CA ...... 1.3699 York, ME ...... 0.9841 Autauga, AL ...... 0.9323 Contra Costa, CA ...... 1.3699 Portland-Vancouver, OR±WA: Elmore, AL ...... 0.9323 Ocala, FL: Marion, FL ...... 0.9934 Clackamas, OR ...... 1.1451 Montgomery, AL ...... 0.9323 Odessa-Midland, TX: Columbia, OR ...... 1.0340 Muncie, IN: Delaware, IN ...... 0.9970 Ector, TX ...... 0.9545 Multnomah, OR ...... 1.1451 Myrtle Beach, SC: Horry, SC ...... 0.8058 Midland, TX ...... 1.0230 Washington, OR ...... 1.1451 Naples, FL: Collier, FL ...... 0.9412 Oklahoma City, OK: Yamhill, OR ...... 1.1451 Nashville, TN: Canadian, OK ...... 1.0074 Clark, WA ...... 1.1202 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46591

TABLE A.ÐWAGE INDEX FOR URBAN TABLE A.ÐWAGE INDEX FOR URBAN TABLE A.ÐWAGE INDEX FOR URBAN AREASÐContinued AREASÐContinued AREASÐContinued

Urban area (Constituent counties or Wage Urban area (Constituent counties or Wage Urban area (Constituent counties or Wage county equivalents) index county equivalents) index county equivalents) index

Providence-Warwick, RI: Benton, MN ...... 0.9217 San Luis Obispo-Atascadero-Paso Bristol, RI ...... 1.0432 Stearns, MN ...... 0.9217 Robles, CA: San Luis Obispo, CA 1.0820 Kent, RI ...... 1.0432 St. Joseph, MO: Santa Barbara-Santa Maria-Lompoc, Newport, RI ...... 1.0432 Andrews, MO ...... 0.8562 CA: Santa Barbara, CA ...... 1.1398 Providence, RI ...... 1.0432 Buchanan, MO ...... 0.9636 Santa Cruz-Watsonville, CA: Santa Washington, RI ...... 1.0432 St. Louis, MO±IL: Cruz, CA ...... 1.2359 Provo-Orem, UT: Utah, UT ...... 0.9894 Clinton, IL ...... 0.9649 Santa Fe, NM: Pueblo, CO: Pueblo, CO ...... 1.0718 Jersey, IL ...... 0.9561 Los Alamos, NM ...... 1.0014 Punta Gorda, FL: Charlotte, FL ...... 0.8753 Madison, IL ...... 0.9561 Santa Fe, NM ...... 1.0014 Racine, WI: Racine, WI ...... 0.9827 Monroe, IL ...... 1.0329 Santa Rosa, CA: Sonoma, CA ...... 1.2324 Raleigh-Durham-Chapel Hill, NC: St. Clair, IL ...... 0.9649 Sarasota-Bradenton, FL: Chatham, NC ...... 0.9100 Franklin, MO ...... 1.0329 Manatee, FL ...... 0.9584 Durham, NC ...... 1.0213 Jefferson, MO ...... 1.0329 Sarasota, FL ...... 1.0047 Franklin, NC ...... 1.0213 Lincoln, MO ...... 0.8683 Savannah, GA: Johnston, NC ...... 0.9100 St. Charles, MO ...... 1.0329 Bryan, GA ...... 0.9218 Orange, NC ...... 1.0213 St. Louis, MO ...... 1.0329 Chatham, GA ...... 0.9911 Wake, NC ...... 1.0213 St. Louis City, MO ...... 1.0329 Effingham, GA ...... 0.9911 Rapid City, SD: Pennington, SD ...... 0.8327 Warren, MO ...... 0.8683 ScrantonÐWilkes-BarreÐHazleton, Reading, PA: Berks, PA ...... 1.0220 Salem, OR: PA: Redding, CA: Shasta, CA ...... 1.1132 Marion, OR ...... 1.0516 Columbia, PA ...... 0.9626 Reno, NV: Washoe, NV ...... 1.2595 Polk, OR ...... 1.0516 Lackawanna, PA ...... 0.9626 Richland-Kennewick-Pasco, WA: Salinas, CA: Monterey, CA ...... 1.3392 Luzerne, PA ...... 0.9626 Benton, WA ...... 0.9896 Wyoming, PA ...... 0.9626 Salt Lake City-Ogden, UT: Franklin, WA ...... 0.9896 Seattle-Bellevue-Everett, WA: Davis, UT ...... 0.9872 Richmond-Petersburg, VA: Island, WA ...... 1.0345 Salt Lake, UT ...... 0.9872 Charles City County, VA ...... 0.9159 King, WA ...... 1.1286 Weber, UT ...... 0.9872 Chesterfield, VA ...... 0.9159 Snohomish, WA ...... 1.1286 Colonial Heights City, VA ...... 0.9159 San Angelo, TX: Tom Green, TX ..... 0.8859 Sharon, PA: Mercer, PA ...... 0.9555 Dinwiddie, VA ...... 0.9159 San Antonio, TX: Sheboygan, WI: Sheboygan, WI ...... 0.8571 Goochland, VA ...... 0.9159 Bexar, TX ...... 1.0003 Sherman-Denison, TX: Grayson, TX 0.9072 Hanover, VA ...... 0.9159 Comal, TX ...... 1.0003 Shreveport-Bossier City, LA: Henrico, VA ...... 0.9159 Guadalupe, TX ...... 1.0003 Bossier, LA ...... 1.0442 Hopewell City, VA ...... 0.9159 Wilson, TX ...... 0.8373 Caddo, LA ...... 1.0442 New Kent, VA ...... 0.9159 San Diego, CA: San Diego, CA ...... 1.2234 Webster, LA ...... 0.8877 Petersburg City, VA ...... 0.9159 San Francisco, CA: Sioux City, IA±NE: Powhatan, VA ...... 0.9159 Marin, CA ...... 1.4361 Woodbury, IA ...... 0.9858 Prince George, VA ...... 0.9159 San Francisco, CA ...... 1.4361 Dakota, NE ...... 0.9858 Richmond City, VA ...... 0.9159 San Mateo, CA ...... 1.4361 Sioux Falls, SD: Riverside-San Bernardino, CA: San Jose, CA: Santa Clara, CA ...... 1.3749 Lincoln, SD ...... 0.8372 Riverside, CA ...... 1.1875 San Juan-Bayamon, PR: Minnehaha, SD ...... 0.9357 San Bernardino, CA ...... 1.1875 Aguas Buenas, PR ...... 0.7103 South Bend, IN: St. Joseph, IN ...... 0.9504 Roanoke, VA: Barceloneta, PR ...... 0.7103 Spokane, WA: Spokane, WA ...... 1.1205 Botetourt, VA ...... 0.9785 Bayamon, PR ...... 0.7103 Springfield, IL: Roanoke, VA ...... 0.9785 Canovanas, PR ...... 0.7103 Menard, IL ...... 1.0757 Roanoke City, VA ...... 0.9785 Carolina, PR ...... 0.7103 Sangamon, IL ...... 1.0757 Salem City, VA ...... 0.9785 Catano, PR ...... 0.7103 Springfield, MO: Rochester, MN: Olmsted, MN ...... 1.0534 Ceiba, PR ...... 0.7103 Christian, MO ...... 0.9157 Rochester, NY: Comerio, PR ...... 0.7103 Greene, MO ...... 0.9157 Genesee, NY ...... 0.9201 Corozal, PR ...... 0.7103 Webster, MO ...... 0.8313 Livingston, NY ...... 1.0333 Dorado, PR ...... 0.7103 Springfield, MA: Monroe, NY ...... 1.0333 Fajardo, PR ...... 0.7103 Hampden, MA ...... 1.0329 Ontario, NY ...... 1.0333 Florida, PR ...... 0.7103 Hampshire, MA ...... 1.0329 Orleans, NY ...... 1.0333 Guaynabo, PR ...... 0.7103 State College, PA: Centre, PA ...... 1.0214 Wayne, NY ...... 1.0333 Humacao, PR ...... 0.7103 Steubenville-Weirton, OH±WV: Rockford, IL: Juncos, PR ...... 0.7103 Jefferson, OH ...... 0.9448 Boone, IL ...... 1.0166 Los Piedras, PR ...... 0.7103 Brooke, WV ...... 0.9448 Ogle, IL ...... 0.8976 Loiza, PR ...... 0.7103 Hancock, WV ...... 0.9448 Winnebago, IL ...... 1.0166 Luguillo, PR ...... 0.7103 Stockton-Lodi, CA: San Joaquin, CA 1.1789 Rocky Mount, NC: Manati, PR ...... 0.7103 Sumter, SC: Sumter, SC ...... 0.8058 Edgecombe, NC ...... 0.8831 Morovis, PR ...... 0.7103 Syracuse, NY: Nash, NC ...... 0.8831 Naguabo, PR ...... 0.7103 Cayuga, NY ...... 0.9131 Sacramento, CA: Naranjito, PR ...... 0.7103 Madison, NY ...... 1.3105 El Dorado, CA ...... 1.1985 Rio Grande, PR ...... 0.7103 Onondaga, NY ...... 1.3105 Placer, CA ...... 1.1985 San Juan, PR ...... 0.7103 Oswego, NY ...... 1.3105 Sacramento, CA ...... 1.1985 Toa Alta, PR ...... 0.7103 Tacoma, WA: Pierce, WA ...... 1.0811 Saginaw-Bay City-Midland, MI: Toa Baja, PR ...... 0.7103 Tallahassee, FL: Bay, MI ...... 1.0692 Trujillo Alto, PR ...... 0.7103 Gadsden, FL ...... 0.9143 Midland, MI ...... 1.0692 Vega Alta, PR ...... 0.7103 Leon, FL ...... 0.9143 Saginaw, MI ...... 1.0692 Vega Baja, PR ...... 0.7103 Tampa-St. Petersburg-Clearwater, St. Cloud, MN: Yabucoa, PR ...... 0.7103 FL: 46592 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules

TABLE A.ÐWAGE INDEX FOR URBAN TABLE A.ÐWAGE INDEX FOR URBAN TABLE B.ÐWAGE INDEX FOR RURAL AREASÐContinued AREASÐContinued AREASÐContinued

Urban area (Constituent counties or Wage Urban area (Constituent counties or Wage Wage county equivalents) index county equivalents) index Nonurban area index

Hernando, FL ...... 0.9947 Wheeling, OH±WV: Marion, AL ...... 0.8000 Hillsborough, FL ...... 0.9947 Belmont, OH ...... 0.9221 Marshall, AL ...... 0.8000 Pasco, FL ...... 0.9947 Marshall, WV ...... 0.9221 Monroe, AL ...... 0.8000 Pinellas, FL ...... 0.9947 Ohio, WV ...... 0.9221 Perry, AL ...... 0.8000 Terre Haute, IN: Wichita, KS: Pickens, AL ...... 0.8000 Clay, IN ...... 0.8968 Butler, KS ...... 1.0844 Pike, AL ...... 0.8000 Vermillion, IN ...... 0.8793 Harvey, KS ...... 0.8750 Randolph, AL ...... 0.8000 Vigo, IN ...... 0.8968 Sedgwick, KS ...... 1.0844 Sumter, AL ...... 0.8000 Texarkana, AR-Texarkana, TX: Wichita Falls, TX: Talladega, AL ...... 0.8000 Miller, AR ...... 1.0438 Archer, TX ...... 0.8273 Tallapoosa, AL ...... 0.8000 Bowie, TX ...... 1.0438 Wichita, TX ...... 0.8678 Walker, AL ...... 0.9365 Toledo, OH: Williamsport, PA: Lycoming, PA ...... 0.9871 Washington, AL ...... 0.8000 Fulton, OH ...... 1.1242 Willington-Newark, DE±MD: Wilcox, AL ...... 0.8000 Lucas, OH ...... 1.1242 New Castle, DE ...... 1.1271 Winston, AL ...... 0.8000 Wood, OH ...... 1.1242 Cecil, MD ...... 1.1271 Alaska: Topeka, KS: Shawnee, KS ...... 1.1013 Willington, NC: Aleutians East, AK ...... 1.3612 Trenton, NJ: Mercer, NJ ...... 1.0664 New Hanover, NC ...... 0.8873 Aleutians West, AK ...... 1.3612 Tucson, AZ: Pima, AZ ...... 0.9990 Brunswick, NC ...... 0.9221 Bethel, AK ...... 1.3612 Tulsa, OK: Yakima, WA: Yakima, WA ...... 1.0250 Bristol Bay Borough, AK ...... 1.3612 Creek, OK ...... 0.9832 Yolo, CA: Yolo, CA ...... 1.1675 Dillingham, AK ...... 1.3612 Osage, OK ...... 0.9832 York, PA: York, PA ...... 1.0118 Fairbanks North Star, AK ...... 1.3612 Rogers, OK ...... 0.9832 Youngstown-Warren, OH: Haines, AK ...... 1.3612 Tulsa, OK ...... 0.9832 Columbiana, OH ...... 0.9545 Juneau, AK ...... 1.3612 Wagoner, OK ...... 0.9832 Mahoning, OH ...... 1.0834 Kenai Peninsula ...... 1.3612 Tuscaloosa, AL: Tuscaloosa, AL ...... 0.9457 Trumbull, OH ...... 1.0834 Ketchikan Gateway, AK ...... 1.3612 Tyler, TX: Smith, TX ...... 1.0281 Yuba City, CA: Kodiak Island, AK ...... 1.3612 Utica-Rome, NY: Sutter, CA ...... 1.0920 Lake and Peninsula, AK ...... 1.3612 Herkimer, NY ...... 0.9228 Yuba, CA ...... 1.0920 Matanuska-Susitna, AK ...... 1.3612 Oneida, NY ...... 0.9228 Yuma, AZ: Yuma, AZ ...... 0.9328 Nome, AK ...... 1.3612 Vallejo-Fairfield-Napa, CA: North Slope, AK ...... 1.3612 Napa, CA ...... 1.3804 Northwest Arctic, AK ...... 1.3612 Solano, CA ...... 1.3804 TABLE B.ÐWAGE INDEX FOR RURAL Pr. of Wales-out Ketchikanak, Ventura, CA: Ventura, CA ...... 1.2087 AREAS AK ...... 1.3612 Victoria, TX: Victoria, TX ...... 0.8760 Sitka, AK ...... 1.3612 Vineland-Millville-Bridgeton, NJ: Wage Skagway-Yakutat-Angoon, AK 1.3612 Cumberland, NJ ...... 0.9871 Nonurban area index Southeast Fairbanks, AK ...... 1.3612 Visalia-Tulare-Porterville, CA: Valdez-Cordova, AK ...... 1.3612 Tulare, CA ...... 1.1188 Alabama: Wade Hampton, AK ...... 1.3612 Waco, TX: McLennan, TX ...... 0.8220 Barbour, AL ...... 0.8000 Wrangell-Petersburg, AK ...... 1.3612 Washington, DC±MD±VA±WV: Bibb, AL ...... 0.8000 Yukon-Koyukuk, AK ...... 1.3612 District of Columbia, DC ...... 1.1607 Bullock, AL ...... 0.8000 Arizona: Calvert, MD ...... 1.1607 Butler, AL ...... 0.8000 Apache, AZ ...... 0.8793 Charles, MD ...... 1.1607 Chambers, AL ...... 0.8000 Cochise, AZ ...... 0.8793 Frederick, MD ...... 1.1607 Cherokee, AL ...... 0.8000 Gila,AZ ...... 0.8793 Montgomery, MD ...... 1.1607 Chilton, AL ...... 0.8000 Graham, AZ ...... 0.8793 Prince Georges, MD ...... 1.1607 Choctaw, AL ...... 0.8000 Greenlee, AZ ...... 0.8793 Alexandria City, VA ...... 1.1607 Clarke, AL ...... 0.8000 Lapaz, AZ ...... 0.8793 Arlington, VA ...... 1.1607 Clay, AL ...... 0.8000 Navajo, AZ ...... 0.8793 Clarke, VA ...... 0.9486 Cleburne, AL ...... 0.8000 Santa Cruz, AZ ...... 0.8793 Culpepper, VA ...... 0.9486 Coffee, AL ...... 0.8000 Yavapai, AZ ...... 0.8793 Fairfax, VA ...... 1.1607 Conecuh, AL ...... 0.8000 Arkansas: Fairfax City, VA ...... 1.1607 Coosa, AL ...... 0.8000 Arkansas, AR ...... 0.8000 Falls Church City, VA ...... 1.1607 Covington, AL ...... 0.8000 Ashley, AR ...... 0.8000 Fauquier, VA ...... 0.9486 Crenshaw, AL ...... 0.8000 Baxter, AR ...... 0.8000 Fredericksburg City, VA ...... 0.9486 Cullman, AL ...... 0.8000 Boone, AR ...... 0.8000 King George, VA ...... 0.9486 Dallas, AL ...... 0.8000 Bradley, AR ...... 0.8000 Loudoun, VA ...... 1.1607 De Kalb, AL ...... 0.8000 Calhoun, AR ...... 0.8000 Manassas City, VA ...... 1.1607 Escambia, AL ...... 0.8000 Carroll, AR ...... 0.8000 Manassas Park City, VA ...... 1.1607 Fayette, AL ...... 0.8000 Chicot, AR ...... 0.8000 Prince William, VA ...... 1.1607 Franklin, AL ...... 0.8000 Clark, AR ...... 0.8000 Spotsylvania, VA ...... 0.9486 Geneva, AL ...... 0.8000 Clay, AR ...... 0.8000 Stafford, VA ...... 1.1607 Greene, AL ...... 0.8000 Cleburne, AR ...... 0.8000 Warren, VA ...... 0.9486 Hale, AL ...... 0.8000 Cleveland, AR ...... 0.8000 Berkeley, WV ...... 0.9937 Henry, AL ...... 0.8000 Columbia, AR ...... 0.8000 Jefferson, WV ...... 0.9937 Jackson, AL ...... 0.8000 Conway, AR ...... 0.8000 Waterloo-Cedar Falls, IA: Black Lamar, AL ...... 0.8000 Craighead, AR ...... 0.8000 Hawk, IA ...... 0.9160 Lee, AL ...... 0.8000 Cross, AR ...... 0.8000 Wausau, WI: Marathon, WI ...... 0.9859 Lowndes, AL ...... 0.8000 Dallas, AR ...... 0.8000 West Palm Beach-Boca Raton, FL: Macon, AL ...... 0.8000 Desha, AR ...... 0.8000 Palm Beach, FL ...... 1.0152 Marengo, AL ...... 0.8000 Drew, AR ...... 0.8000 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46593

TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL AREASÐContinued AREASÐContinued AREASÐContinued

Wage Wage Wage Nonurban area index Nonurban area index Nonurban area index

Franklin, AR ...... 0.8000 Colorado: Highlands, FL ...... 0.8887 Fulton, AR ...... 0.8000 Alamosa, CO ...... 0.8438 Holmes, FL ...... 0.8887 Garland, AR ...... 0.8000 Archuleta, CO ...... 0.8438 Indian River, FL ...... 0.8887 Grant, AR ...... 0.8000 Baca, CO ...... 0.8438 Jackson, FL ...... 0.8887 Greene, AR ...... 0.8000 Bent, CO ...... 0.8438 Jefferson, FL ...... 0.8887 Hempstead, AR ...... 0.8000 Chaffee, CO ...... 0.8438 Lafayette, FL ...... 0.8887 Hot Spring, AR ...... 0.8000 Cheyenne, CO ...... 0.8438 Levy, FL ...... 0.8887 Howard, AR ...... 0.8000 Clear Creek, CO ...... 0.8438 Liberty, FL ...... 0.8887 Independence, AR ...... 0.8000 Conejos, CO ...... 0.8438 Madison, FL ...... 0.8887 Izard, AR ...... 0.8000 Costilla, CO ...... 0.8438 Monroe, FL ...... 0.8887 Jackson, AR ...... 0.8000 Crowley, CO ...... 0.8438 Okeechobee, FL ...... 0.8887 Johnson, AR ...... 0.8000 Custer, CO ...... 0.8438 Putnam, FL ...... 0.8887 Lafayette, AR ...... 0.8000 Delta, CO ...... 0.8438 Sumter, FL ...... 0.8887 Lawrence, AR ...... 0.8000 Dolores, CO ...... 0.8438 Suwannee, FL ...... 0.8887 Lee, AR ...... 0.8000 Eagle, CO ...... 0.8438 Taylor, FL ...... 0.8887 Lincoln, AR ...... 0.8000 Elbert, CO ...... 0.8438 Union, FL ...... 0.8887 Little River, AR ...... 0.8000 Fremont, CO ...... 0.8438 Wakulla, FL ...... 0.8887 Logan, AR ...... 0.8000 Garfield, CO ...... 0.8438 Walton, FL ...... 0.8887 Madison, AR ...... 0.8000 Gilpin, CO ...... 0.8438 Washington, FL ...... 0.8887 Marion, AR ...... 0.8000 Grand, CO ...... 0.8438 Georgia: Mississippi, AR ...... 0.8000 Gunnison, CO ...... 0.8438 Appling, GA ...... 0.8335 Monroe, AR ...... 0.8000 Hinsdale, CO ...... 0.8438 Atkinson, GA ...... 0.8335 Montgomery, AR ...... 0.8000 Huerfano, CO ...... 0.8438 Bacon, GA ...... 0.8335 Nevada, AR ...... 0.8000 Jackson, CO ...... 0.8438 Baker, GA ...... 0.8335 Newton, AR ...... 0.8000 Kiowa, CO ...... 0.8438 Baldwin, GA ...... 0.8335 Ouachita, AR ...... 0.8000 Kit Carson, CO ...... 0.8438 Banks, GA ...... 0.8335 Perry, AR ...... 0.8000 Lake, CO ...... 0.8438 Ben Hill, GA ...... 0.8335 Phillips, AR ...... 0.8000 La Plata, CO ...... 0.8438 Berrien, GA ...... 0.8335 Pike, AR ...... 0.8000 Las Animas, CO ...... 0.8438 Bleckley, GA ...... 0.8335 Poinsett, AR ...... 0.8000 Lincoln, CO ...... 0.8438 Brantley, GA ...... 0.8335 Polk, AR ...... 0.8000 Logan, CO ...... 0.8438 Brooks, GA ...... 0.8335 Pope, AR ...... 0.8000 Mineral, CO ...... 0.8438 Bulloch, GA ...... 0.8335 Prairie, AR ...... 0.8000 Moffat, CO ...... 0.8438 Burke, GA ...... 0.8335 Randolph, AR ...... 0.8000 Montezuma, CO ...... 0.8438 Butts, GA ...... 0.8945 St. Francis, AR ...... 0.8000 Montrose, CO ...... 0.8438 Calhoun, GA ...... 0.8335 Scott, AR ...... 0.8000 Morgan, CO ...... 0.8438 Camden, GA ...... 0.8335 Searcy, AR ...... 0.8000 Otero, CO ...... 0.8438 Candler, GA ...... 0.8335 Sevier, AR ...... 0.8000 Ouray, CO ...... 0.8438 Charlton, GA ...... 0.8335 Sharp, AR ...... 0.8000 Park, CO ...... 0.8438 Chattooga, GA ...... 0.8335 Stone, AR ...... 0.8000 Phillips, CO ...... 0.8438 Clay, GA ...... 0.8335 Union, AR ...... 0.8000 Pitkin, CO ...... 0.8438 Clinch, GA ...... 0.8335 Van Buren, AR ...... 0.8000 Prowers, CO ...... 0.8438 Coffee, GA ...... 0.8335 White, AR ...... 0.8000 Rio Blanco, CO ...... 0.8438 Colquitt, GA ...... 0.8335 Woodruff, AR ...... 0.8000 Rio Grande, CO ...... 0.8438 Cook, GA ...... 0.8335 Yell, AR ...... 0.8000 Routt, CO ...... 0.8438 Crawford, GA ...... 0.8335 California: Saguache, CO ...... 0.8438 Crisp, GA ...... 0.8335 Alpine, CA ...... 1.0277 San Juan, CO ...... 0.8438 Dawson, GA ...... 0.8335 Amador, CA ...... 1.0277 San Miguel, CO ...... 0.8438 Decatur, GA ...... 0.8335 Calaveras, CA ...... 1.0277 Sedgwick, CO ...... 0.8438 Dodge, GA ...... 0.8335 Colusa, CA ...... 1.0277 Summit, CO ...... 0.8438 Dooly, GA ...... 0.8335 Del Norte, CA ...... 1.0277 Teller, CO ...... 0.8438 Early, GA ...... 0.8335 Glenn, CA ...... 1.0277 Washington, CO ...... 0.8438 Echols, GA ...... 0.8335 Humboldt, CA ...... 1.0277 Yuma, CO ...... 0.8438 Elbert, GA ...... 0.8335 Imperial, CA ...... 1.0277 Connecticut: Windham, CT ...... 1.1137 Emanuel, GA ...... 0.8335 Inyo, CA ...... 1.0277 Delaware: Sussex, DE ...... 0.9354 Evans, GA ...... 0.8335 Kings, CA ...... 1.0277 Florida: Fannin, GA ...... 0.8335 Lake, CA ...... 1.0277 Baker, FL ...... 0.8887 Floyd, GA ...... 0.8335 Lassen, CA ...... 1.0277 Bradford, FL ...... 0.9559 Franklin, GA ...... 0.8335 Mariposa, CA ...... 1.0277 Calhoun, FL ...... 0.8887 Gilmer, GA ...... 0.8335 Mendocino, CA ...... 1.0277 Citrus, FL ...... 0.8887 Glascock, GA ...... 0.8335 Modoc, CA ...... 1.0277 Columbia, FL ...... 0.8887 Glynn, GA ...... 0.8335 Mono, CA ...... 1.0277 De Soto, FL ...... 0.8887 Gordon, GA ...... 0.8335 Nevada, CA ...... 1.0277 Dixie, FL ...... 0.8887 Grady, GA ...... 0.8335 Plumas, CA ...... 1.0277 Franklin, FL ...... 0.8887 Greene, GA ...... 0.8335 San Benito, CA ...... 1.0277 Gilchrist, FL ...... 0.8887 Habersham, GA ...... 0.8335 Sierra, CA ...... 1.0277 Glades, FL ...... 0.8887 Hall, GA ...... 0.8335 Siskiyou, CA ...... 1.0277 Gulf, FL ...... 0.8887 Hancock, GA ...... 0.8335 Tehama, CA ...... 1.0277 Hamilton, FL ...... 0.8887 Haralson, GA ...... 0.8335 Trinity, CA ...... 1.0277 Hardee, FL ...... 0.8887 Hart, GA ...... 0.8335 Tuolumne, CA ...... 1.0277 Hendry, FL ...... 0.8887 Heard, GA ...... 0.8335 46594 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules

TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL AREASÐContinued AREASÐContinued AREASÐContinued

Wage Wage Wage Nonurban area index Nonurban area index Nonurban area index

Irwin, GA ...... 0.8335 Kauai, HI ...... 1.1503 Greene, IL ...... 0.8455 Jackson, GA ...... 0.8545 Maui, HI ...... 1.1503 Hamilton, IL ...... 0.8455 Jasper, GA ...... 0.8335 Idaho: Hancock, IL ...... 0.8455 Jeff Davis, GA ...... 0.8335 Adams, ID ...... 0.8969 Hardin, IL ...... 0.8455 Jefferson, GA ...... 0.8335 Bannock, ID ...... 0.8969 Henderson, IL ...... 0.8455 Jenkins, GA ...... 0.8335 Bear Lake, ID ...... 0.8969 Iroquois, IL ...... 0.8455 Johnson, GA ...... 0.8335 Benewah, ID ...... 0.8969 Jackson, IL ...... 0.8455 Lamar, GA ...... 0.8335 Bingham, ID ...... 0.8969 Jasper, IL ...... 0.8455 Lanier, GA ...... 0.8335 Blaine, ID ...... 0.8969 Jefferson, IL ...... 0.8455 Laurens, GA ...... 0.8335 Boise, ID ...... 0.8969 Jo Daviess, IL ...... 0.8455 Liberty, GA ...... 0.8335 Bonner, ID ...... 0.8969 Johnson, IL ...... 0.8455 Lincoln, GA ...... 0.8335 Bonneville, ID ...... 0.8969 Knox, IL ...... 0.8455 Long, GA ...... 0.8335 Boundary, ID ...... 0.8969 La Salle, IL ...... 0.8455 Lowndes, GA ...... 0.8335 Butte, ID ...... 0.8969 Lawrence, IL ...... 0.8455 Lumpkin, GA ...... 0.8335 Camas, ID ...... 0.8969 Lee, IL ...... 0.8455 McIntosh, GA ...... 0.8335 Caribou, ID ...... 0.8969 Livingston, IL ...... 0.8455 Macon, GA ...... 0.8335 Cassia, ID ...... 0.8969 Logan, IL ...... 0.8455 Marion, GA ...... 0.8335 Clark, ID ...... 0.8969 McDonough, IL ...... 0.8455 Meriwether, GA ...... 0.8335 Clearwater, ID ...... 0.8969 Macoupin, IL ...... 0.8455 Miller, GA ...... 0.8335 Custer, ID ...... 0.8969 Marion, IL ...... 0.8455 Mitchell, GA ...... 0.8335 Elmore, ID ...... 0.8969 Marshall, IL ...... 0.8455 Monroe, GA ...... 0.8335 Franklin, ID ...... 0.8969 Mason, IL ...... 0.8455 Montgomery, GA ...... 0.8335 Fremont, ID ...... 0.8969 Massac, IL ...... 0.8455 Morgan, GA ...... 0.8335 Gem, ID ...... 0.8969 Mercer, IL ...... 0.8455 Murray, GA ...... 0.8335 Gooding, ID ...... 0.8969 Montgomery, IL ...... 0.8455 Oglethorpe, GA ...... 0.8335 Idaho, ID ...... 0.8969 Morgan, IL ...... 0.8455 Pierce, GA ...... 0.8335 Jefferson, ID ...... 0.8969 Moultrie, IL ...... 0.8455 Pike, GA ...... 0.8335 Jerome, ID ...... 0.8969 Perry, IL ...... 0.8455 Polk, GA ...... 0.8335 Kootenai, ID ...... 0.8969 Piatt, IL ...... 0.8455 Pulaski, GA ...... 0.8335 Latah, ID ...... 0.8969 Pike, IL ...... 0.8455 Putnam, GA ...... 0.8335 Lemhi, ID ...... 0.8969 Pope, IL ...... 0.8455 Quitman, GA ...... 0.8335 Lewis, ID ...... 0.8969 Pulaski, IL ...... 0.8455 Rabun, GA ...... 0.8335 Lincoln, ID ...... 0.8969 Putnam, IL ...... 0.8455 Randolph, GA ...... 0.8335 Madison, ID ...... 0.8969 Randolph, IL ...... 0.8455 Schley, GA ...... 0.8335 Minidoka, ID ...... 0.8969 Richland, IL ...... 0.8455 Screven, GA ...... 0.8335 Nez Perce, ID ...... 0.8969 Saline, IL ...... 0.8455 Seminole, GA ...... 0.8335 Oneida, ID ...... 0.8969 Schuyler, IL ...... 0.8455 Stephens, GA ...... 0.8335 Owyhee, ID ...... 0.8969 Scott, IL ...... 0.8455 Stewart, GA ...... 0.8335 Payette, ID ...... 0.8969 Shelby, IL ...... 0.8455 Sumter, GA ...... 0.8335 Power, ID ...... 0.8969 Stark, IL ...... 0.8455 Talbot, GA ...... 0.8335 Shoshone, ID ...... 0.8969 Stephenson, IL ...... 0.8455 Taliaferro, GA ...... 0.8335 Teton, ID ...... 0.8969 Union, IL ...... 0.8455 Tattnall, GA ...... 0.8335 Twin Falls, ID ...... 0.8969 Vermilion, IL ...... 0.8455 Taylor, GA ...... 0.8335 Valley, ID ...... 0.8969 Wabash, IL ...... 0.8455 Telfair, GA ...... 0.8335 Washington, ID ...... 0.8969 Warren, IL ...... 0.8455 Terrell, GA ...... 0.8335 Illinois: Washington, IL ...... 0.8455 Thomas, GA ...... 0.8335 Adams, IL ...... 0.8455 Wayne, IL ...... 0.8455 Tift, GA ...... 0.8335 Alexander, IL ...... 0.8455 White, IL ...... 0.8455 Toombs, GA ...... 0.8335 Bond, IL ...... 0.8455 Whiteside, IL ...... 0.8455 Towns, GA ...... 0.8335 Brown, IL ...... 0.8455 Williamson, IL ...... 0.8455 Treutlen, GA ...... 0.8335 Bureau, IL ...... 0.8455 Indiana: Troup, GA ...... 0.8335 Calhoun, IL ...... 0.8455 Bartholomew, IN ...... 0.8626 Turner, GA ...... 0.8335 Carroll, IL ...... 0.8455 Benton, IN ...... 0.8626 Union, GA ...... 0.8335 Cass, IL ...... 0.8455 Blackford, IN ...... 0.8626 Upson, GA ...... 0.8335 Christian, IL ...... 0.8455 Brown, IN ...... 0.8626 Ware, GA ...... 0.8335 Clark, IL ...... 0.8455 Carroll, IN ...... 0.8626 Warren, GA ...... 0.8335 Clay, IL ...... 0.8455 Cass, IN ...... 0.8626 Washington, GA ...... 0.8335 Coles, IL ...... 0.8455 Crawford, IN ...... 0.8626 Wayne, GA ...... 0.8335 Crawford, IL ...... 0.8455 Daviess, IN ...... 0.8626 Webster, GA ...... 0.8335 Cumberland, IL ...... 0.8455 Decatur, IN ...... 0.8626 Wheeler, GA ...... 0.8335 De Witt, IL ...... 0.8455 Dubois, IN ...... 0.8626 White, GA ...... 0.8335 Douglas, IL ...... 0.8455 Fayette, IN ...... 0.8626 Whitfield, GA ...... 0.8335 Edgar, IL ...... 0.8455 Fountain, IN ...... 0.8626 Wilcox, GA ...... 0.8335 Edwards, IL ...... 0.8455 Franklin, IN ...... 0.8626 Wilkes, GA ...... 0.8335 Effingham, IL ...... 0.8455 Fulton, IN ...... 0.8626 Wilkinson, GA ...... 0.8335 Fayette, IL ...... 0.8455 Gibson, IN ...... 0.8626 Worth, GA ...... 0.8335 Ford, IL ...... 0.8455 Grant, IN ...... 0.8626 Hawaii: Franklin, IL ...... 0.8455 Greene, IN ...... 0.8626 Hawaii, HI ...... 1.1503 Fulton, IL ...... 0.8455 Henry, IN ...... 0.8626 Kalawao, HI ...... 1.1503 Gallatin, IL ...... 0.8455 Jackson, IN ...... 0.8626 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46595

TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL AREASÐContinued AREASÐContinued AREASÐContinued

Wage Wage Wage Nonurban area index Nonurban area index Nonurban area index

Jasper, IN ...... 0.8626 Greene, IA ...... 0.8116 Cloud, KS ...... 0.8090 Jay, IN ...... 0.8626 Grundy, IA ...... 0.8116 Coffey, KS ...... 0.8090 Jefferson, IN ...... 0.8626 Guthrie, IA ...... 0.8116 Comanche, KS ...... 0.8090 Jennings, IN ...... 0.8626 Hamilton, IA ...... 0.8116 Cowley, KS ...... 0.8090 Knox, IN ...... 0.8626 Hancock, IA ...... 0.8116 Crawford, KS ...... 0.8090 Kosciusko, IN ...... 0.8626 Hardin, IA ...... 0.8116 Decatur, KS ...... 0.8090 Lagrange, IN ...... 0.8626 Harrison, IA ...... 0.8116 Dickinson, KS ...... 0.8090 La porte, IN ...... 0.8626 Henry, IA ...... 0.8116 Doniphan, KS ...... 0.8090 Lawrence, IN ...... 0.8626 Howard, IA ...... 0.8116 Edwards, KS ...... 0.8090 Marshall, IN ...... 0.8626 Humboldt, IA ...... 0.8116 Elk, KS ...... 0.8090 Martin, IN ...... 0.8626 Ida, IA ...... 0.8116 Ellis, KS ...... 0.8090 Miami, IN ...... 0.8626 Iowa, IA ...... 0.8116 Ellsworth, KS ...... 0.8090 Montgomery, IN ...... 0.8626 Jackson, IA ...... 0.8116 Finney, KS ...... 0.8090 Newton, IN ...... 0.8626 Jasper, IA ...... 0.8116 Ford, KS ...... 0.8090 Noble, IN ...... 0.8626 Jefferson, IA ...... 0.8116 Franklin, KS ...... 0.8090 Orange, IN ...... 0.8626 Jones, IA ...... 0.8116 Geary, KS ...... 0.8090 Owen, IN ...... 0.8626 Keokuk, IA ...... 0.8116 Gove, KS ...... 0.8090 Parke, IN ...... 0.8626 Kossuth, IA ...... 0.8116 Graham, KS ...... 0.8090 Perry, IN ...... 0.8626 Lee, IA ...... 0.8116 Grant, KS ...... 0.8090 Pike, IN ...... 0.8626 Louisa, IA ...... 0.8116 Gray, KS ...... 0.8090 Pulaski, IN ...... 0.8626 Lucas, IA ...... 0.8116 Greeley, KS ...... 0.8090 Putnam, IN ...... 0.8626 Lyon, IA ...... 0.8116 Greenwood, KS ...... 0.8090 Randolph, IN ...... 0.8626 Madison, IA ...... 0.8116 Hamilton, KS ...... 0.8090 Ripley, IN ...... 0.8626 Mahaska, IA ...... 0.8116 Harper, KS ...... 0.8090 Rush, IN ...... 0.8626 Marion, IA ...... 0.8116 Haskell, KS ...... 0.8090 Spencer, IN ...... 0.8626 Marshall, IA ...... 0.8116 Hodgeman, KS ...... 0.8090 Starke, IN ...... 0.8626 Mills, IA ...... 0.8116 Jackson, KS ...... 0.8090 Steuben, IN ...... 0.8626 Mitchell, IA ...... 0.8116 Jefferson, KS ...... 0.8090 Sullivan, IN ...... 0.8626 Monona, IA ...... 0.8116 Jewell, KS ...... 0.8090 Switzerland, IN ...... 0.8626 Monroe, IA ...... 0.8116 Kearny, KS ...... 0.8090 Union, IN ...... 0.8626 Montgomery, IA ...... 0.8116 Kingman, KS ...... 0.8090 Wabash, IN ...... 0.8626 Muscatine, IA ...... 0.8116 Kiowa, KS ...... 0.8090 Warren, IN ...... 0.8626 O'Brien, IA ...... 0.8116 Labette, KS ...... 0.8090 Washington, IN ...... 0.8626 Osceola, IA ...... 0.8116 Lane, KS ...... 0.8090 Wayne, IN ...... 0.8626 Page, IA ...... 0.8116 Lincoln, KS ...... 0.8090 White, IN ...... 0.8626 Palo Alto, IA ...... 0.8116 Linn, KS ...... 0.8090 Iowa: Plymouth, IA ...... 0.8116 Logan, KS ...... 0.8090 Adair, IA ...... 0.8116 Pocahontas, IA ...... 0.8116 Lyon, KS ...... 0.8090 Adams, IA ...... 0.8116 Poweshiek, IA ...... 0.8116 Mcpherson, KS ...... 0.8090 Allamakee, IA ...... 0.8116 Ringgold, IA ...... 0.8116 Marion, KS ...... 0.8090 Appanoose, IA ...... 0.8116 Sac, IA ...... 0.8116 Marshall, KS ...... 0.8090 Audubon, IA ...... 0.8116 Shelby, IA ...... 0.8116 Meade, KS ...... 0.8090 Benton, IA ...... 0.8116 Sioux, IA ...... 0.8116 Mitchell, KS ...... 0.8090 Boone, IA ...... 0.8116 Story, IA ...... 0.8116 Montgomery, KS ...... 0.8090 Bremer, IA ...... 0.8733 Tama, IA ...... 0.8116 Morris, KS ...... 0.8090 Buchanan, IA ...... 0.8116 Taylor, IA ...... 0.8116 Morton, KS ...... 0.8090 Buena Vista, IA ...... 0.8116 Union, IA ...... 0.8116 Nemaha, KS ...... 0.8090 Butler, IA ...... 0.8116 Van Buren, IA ...... 0.8116 Neosho, KS ...... 0.8090 Calhoun, IA ...... 0.8116 Wapello, IA ...... 0.8116 Ness, KS ...... 0.8090 Carroll, IA ...... 0.8116 Washington, IA ...... 0.8116 Norton, KS ...... 0.8090 Cass, IA ...... 0.8116 Wayne, IA ...... 0.8116 Osage, KS ...... 0.8090 Cedar, IA ...... 0.8116 Webster, IA ...... 0.8116 Osborne, KS ...... 0.8090 Cerro Gordo, IA ...... 0.8116 Winnebago, IA ...... 0.8116 Ottawa, KS ...... 0.8090 Cherokee, IA ...... 0.8116 Winneshiek, IA ...... 0.8116 Pawnee, KS ...... 0.8090 Chickasaw, IA ...... 0.8116 Worth, IA ...... 0.8116 Phillips, KS ...... 0.8090 Clarke, IA ...... 0.8116 Wright, IA ...... 0.8116 Pottawatomie, KS ...... 0.8090 Clay, IA ...... 0.8116 Kansas: Pratt, KS ...... 0.8090 Clayton, IA ...... 0.8116 Allen, KS ...... 0.8090 Rawlins, KS ...... 0.8090 Clinton, IA ...... 0.8116 Anderson, KS ...... 0.8090 Reno, KS ...... 0.8090 Crawford, IA ...... 0.8116 Atchison, KS ...... 0.8090 Republic, KS ...... 0.8090 Davis, IA ...... 0.8116 Barber, KS ...... 0.8090 Rice, KS ...... 0.8090 Decatur, IA ...... 0.8116 Barton, KS ...... 0.8090 Riley, KS ...... 0.8090 Delaware, IA ...... 0.8116 Bourbon, KS ...... 0.8090 Rooks, KS ...... 0.8090 Des Moines, IA ...... 0.8116 Brown, KS ...... 0.8090 Rush, KS ...... 0.8090 Dickinson, IA ...... 0.8116 Chase, KS ...... 0.8090 Russell, KS ...... 0.8090 Emmet, IA ...... 0.8116 Chautauqua, KS ...... 0.8090 Saline, KS ...... 0.8090 Fayette, IA ...... 0.8116 Cherokee, KS ...... 0.8090 Scott, KS ...... 0.8090 Floyd, IA ...... 0.8116 Cheyenne, KS ...... 0.8090 Seward, KS ...... 0.8090 Franklin, IA ...... 0.8116 Clark, KS ...... 0.8090 Sheridan, KS ...... 0.8090 Fremont, IA ...... 0.8116 Clay, KS ...... 0.8090 Sherman, KS ...... 0.8090 46596 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules

TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL AREASÐContinued AREASÐContinued AREASÐContinued

Wage Wage Wage Nonurban area index Nonurban area index Nonurban area index

Smith, KS ...... 0.8090 McCreary, KY ...... 0.8103 Richland, LA ...... 0.8237 Stafford, KS ...... 0.8090 McLean, KY ...... 0.8103 Sabine, LA ...... 0.8237 Stanton, KS ...... 0.8090 Magoffin, KY ...... 0.8103 St. Helena, LA ...... 0.8237 Stevens, KS ...... 0.8090 Marion, KY ...... 0.8103 St. Mary, LA ...... 0.8237 Sumner, KS ...... 0.8090 Marshall, KY ...... 0.8103 Tangipahoa, LA ...... 0.8237 Thomas, KS ...... 0.8090 Martin, KY ...... 0.8103 Tensas, LA ...... 0.8237 Trego, KS ...... 0.8090 Mason, KY ...... 0.8103 Union, LA ...... 0.8237 Wabaunsee, KS ...... 0.8090 Meade, KY ...... 0.8103 Vermilion, LA ...... 0.8237 Wallace, KS ...... 0.8090 Menifee, KY ...... 0.8103 Vernon, LA ...... 0.8237 Washington, KS ...... 0.8090 Mercer, KY ...... 0.8103 Washington, LA ...... 0.8237 Wichita, KS ...... 0.8090 Metcalfe, KY ...... 0.8103 West Carroll, LA ...... 0.8237 Wilson, KS ...... 0.8090 Monroe, KY ...... 0.8103 West Feliciana, LA ...... 0.8237 Woodson, KS ...... 0.8090 Montgomery, KY ...... 0.8103 Winn, LA ...... 0.8237 Kentucky: Morgan, KY ...... 0.8103 Maine: Adair, KY ...... 0.8103 Muhlenberg, KY ...... 0.8103 Aroostook, ME ...... 0.8737 Allen, KY ...... 0.8103 Nelson, KY ...... 0.8103 Franklin, ME ...... 0.8737 Anderson, KY ...... 0.8103 Nicholas, KY ...... 0.8103 Hancock, ME ...... 0.8737 Ballard, KY ...... 0.8103 Ohio, KY ...... 0.8103 Kennebec, ME ...... 0.8737 Barren, KY ...... 0.8103 Owen, KY ...... 0.8103 Knox, ME ...... 0.8737 Bath, KY ...... 0.8103 Owsley, KY ...... 0.8103 Lincoln, ME ...... 0.8737 Bell, KY ...... 0.8103 Perry, KY ...... 0.8103 Oxford, ME ...... 0.8737 Boyle, KY ...... 0.8103 Pike, KY ...... 0.8103 Piscataquis, ME ...... 0.8737 Bracken, KY ...... 0.8103 Powell, KY ...... 0.8103 Somerset, ME ...... 0.8737 Breathitt, KY ...... 0.8103 Pulaski, KY ...... 0.8103 Waldo, ME ...... 0.8737 Breckinridge, KY ...... 0.8103 Robertson, KY ...... 0.8103 Washington, ME ...... 0.8737 Butler, KY ...... 0.8103 Rockcastle, KY ...... 0.8103 Maryland: Caldwell, KY ...... 0.8103 Rowan, KY ...... 0.8103 Caroline, MD ...... 0.9212 Calloway, KY ...... 0.8103 Russell, KY ...... 0.8103 Dorchester, MD ...... 0.9212 Carlisle, KY ...... 0.8103 Shelby, KY ...... 0.9903 Garrett, MD ...... 0.9212 Carroll, KY ...... 0.8103 Simpson, KY ...... 0.8103 Kent, MD ...... 0.9212 Casey, KY ...... 0.8103 Spencer, KY ...... 0.8103 St. Marys, MD ...... 0.9212 Clay, KY ...... 0.8103 Taylor, KY ...... 0.8103 Somerset, MD ...... 0.9212 Clinton, KY ...... 0.8103 Todd, KY ...... 0.8103 Talbot, MD ...... 0.9212 Crittenden, KY ...... 0.8103 Trigg, KY ...... 0.8103 Wicomico, MD ...... 0.9212 Cumberland, KY ...... 0.8103 Trimble, KY ...... 0.8103 Worcester, MD ...... 0.9212 Edmonson, KY ...... 0.8103 Union, KY ...... 0.8103 Massachusetts: Elliott, KY ...... 0.8103 Warren, KY ...... 0.8103 Dukes, MA ...... 1.0280 Estill, KY ...... 0.8103 Washington, KY ...... 0.8103 Franklin, MA ...... 1.0280 Fleming, KY ...... 0.8103 Wayne, KY ...... 0.8103 Nantucket, MA ...... 1.0280 Floyd, KY ...... 0.8103 Webster, KY ...... 0.8103 Michigan: Franklin, KY ...... 0.8103 Whitley, KY ...... 0.8103 Alcona, MI ...... 0.9451. Fulton, KY ...... 0.8103 Wolfe, KY ...... 0.8103 Alger, MI ...... 0.9451. Garrard, KY ...... 0.8103 Louisiana: Alpena, MI ...... 0.9451. Graves, KY ...... 0.8103 Allen, LA ...... 0.8237 Antrim, MI ...... 0.9451. Grayson, KY ...... 0.8103 Assumption, LA ...... 0.8237 Arenac, MI ...... 0.9451. Green, KY ...... 0.8103 Avoyelles, LA ...... 0.8237 Baraga, MI ...... 0.9451. Hancock, KY ...... 0.8103 Beauregard, LA ...... 0.8237 Barry, MI ...... 0.9451. Hardin, KY ...... 0.8103 Bienville, LA ...... 0.8237 Benzie, MI ...... 0.9451. Harlan, KY ...... 0.8103 Caldwell, LA ...... 0.8237 Branch, MI ...... 0.9451. Harrison, KY ...... 0.8103 Cameron, LA ...... 0.8237 Cass, MI ...... 0.9451. Hart, KY ...... 0.8103 Catahoula, LA ...... 0.8237 Charlevoix, MI ...... 0.9451. Henry, KY ...... 0.8103 Claiborne, LA ...... 0.8237 Cheboygan, MI ...... 0.9451. Hickman, KY ...... 0.8103 Concordia, LA ...... 0.8237 Chippewa, MI ...... 0.9451. Hopkins, KY ...... 0.8103 De Soto, LA ...... 0.8237 Clare, MI ...... 0.9451. Jackson, KY ...... 0.8103 East Carroll, LA ...... 0.8237 Crawford, MI ...... 0.9451. Johnson, KY ...... 0.8103 East Feliciana, LA ...... 0.8237 Delta, MI ...... 0.9451. Knott, KY ...... 0.8103 Evangeline, LA ...... 0.8237 Dickinson, MI ...... 0.9451. Knox, KY ...... 0.8103 Franklin, LA ...... 0.8237 Emmet, MI ...... 0.9451. Larue, KY ...... 0.8103 Grant, LA ...... 0.8237 Gladwin, MI ...... 0.9451. Laurel, KY ...... 0.8103 Iberia, LA ...... 0.8237 Gogebic, MI ...... 0.9451. Lawrence, KY ...... 0.8103 Iberville, LA ...... 0.8237 Grand Traverse, MI ...... 0.9451. Lee, KY ...... 0.8103 Jackson, LA ...... 0.8237 Gratiot, MI ...... 0.9451. Leslie, KY ...... 0.8103 Jefferson Davis, LA ...... 0.8237 Hillsdale, MI ...... 0.9451. Letcher, KY ...... 0.8103 La Salle, LA ...... 0.8237 Houghton, MI ...... 0.9451. Lewis, KY ...... 0.8103 Lincoln, LA ...... 0.8237 Huron, MI ...... 0.9451. Lincoln, KY ...... 0.8103 Madison, LA ...... 0.8237 Ionia, MI ...... 0.9451. Livingston, KY ...... 0.8103 Morehouse, LA ...... 0.8237 Iosco, MI ...... 0.9451. Logan, KY ...... 0.8103 Natchitoches, LA ...... 0.8237 Iron, MI ...... 0.9451. Lyon, KY ...... 0.8103 Pointe Coupee, LA ...... 0.8237 Isabella, MI ...... 0.9451. McCracken, KY ...... 0.8103 Red River, LA ...... 0.8237 Kalkaska, MI ...... 0.9451. Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46597

TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL AREASÐContinued AREASÐContinued AREASÐContinued

Wage Wage Wage Nonurban area index Nonurban area index Nonurban area index

Keweenaw, MI ...... 0.9451. Murray, MN ...... 0.8621 Neshoba, MS ...... 0.7956 Lake, MI ...... 0.9451. Nicollet, MN ...... 0.8621 Newton, MS ...... 0.7956 Leelanau, MI ...... 0.9451. Nobles, MN ...... 0.8621 Noxubee, MS ...... 0.7956 Luce, MI ...... 0.9451. Norman, MN ...... 0.8621 Oktibbeha, MS ...... 0.7956 Mackinac, MI ...... 0.9451. Otter Tail, MN ...... 0.8621 Panola, MS ...... 0.7956 Manistee, MI ...... 0.9451. Pennington, MN ...... 0.8621 Pearl River, MS ...... 0.7956 Marquette, MI ...... 0.9451. Pine, MN ...... 0.8621 Perry, MS ...... 0.7956 Mason, MI ...... 0.9451. Pipestone, MN ...... 0.8621 Pike, MS ...... 0.7956 Mecosta, MI ...... 0.9451. Pope, MN ...... 0.8621 Pontotoc, MS ...... 0.7956 Menominee, MI ...... 0.9451. Red Lake, MN ...... 0.8621 Prentiss, MS ...... 0.7956 Missaukee, MI ...... 0.9451. Redwood, MN ...... 0.8621 Quitman, MS ...... 0.7956 Montcalm, MI ...... 0.9451. Renville, MN ...... 0.8621 Scott, MS ...... 0.7956 Montmorency, MI ...... 0.9451. Rice, MN ...... 0.8621 Sharkey, MS ...... 0.7956 Newaygo, MI ...... 0.9451. Rock, MN ...... 0.8621 Simpson, MS ...... 0.7956 Oceana, MI ...... 0.9451. Roseau, MN ...... 0.8621 Smith, MS ...... 0.7956 Ogemaw, MI ...... 0.9451. Sibley, MN ...... 0.8621 Stone, MS ...... 0.7956 Ontonagon, MI ...... 0.9451. Steele, MN ...... 0.8621 Sunflower, MS ...... 0.7956 Osceola, MI ...... 0.9451. Stevens, MN ...... 0.8621 Tallahatchie, MS ...... 0.7956 Oscoda, MI ...... 0.9451. Swift, MN ...... 0.8621 Tate, MS ...... 0.7956 Otsego, MI ...... 0.9451. Todd, MN ...... 0.8621 Tippah, MS ...... 0.7956 Presque Isle, MI ...... 0.9451. Traverse, MN ...... 0.8621 Tishomingo, MS ...... 0.7956 Roscommon, MI ...... 0.9451. Wabasha, MN ...... 0.8621 Tunica, MS ...... 0.7956 St. Joseph, MI ...... 0.9451. Wadena, MN ...... 0.8621 Union, MS ...... 0.7956 Sanilac, MI ...... 0.9451. Waseca, MN ...... 0.8621 Walthall, MS ...... 0.7956 Schoolcraft, MI ...... 0.9451. Watonwan, MN ...... 0.8621 Warren, MS ...... 0.7956 Shiawassee, MI ...... 0.9451. Wilkin, MN ...... 0.8621 Washington, MS ...... 0.7956 Tuscola, MI ...... 0.9451. Winona, MN ...... 0.8621 Wayne, MS ...... 0.7956 Wexford, MI ...... 0.9451. Yellow Medicine, MN ...... 0.8621 Webster, MS ...... 0.7956 Minnesota: Mississippi: Wilkinson, MS ...... 0.7956 Aitkin, MN ...... 0.8621. Adams, MS ...... 0.7956 Winston, MS ...... 0.7956 Becker, MN ...... 0.8621. Alcorn, MS ...... 0.7956 Yalobusha, MS ...... 0.7956 Beltrami, MN ...... 0.8621. Amite, MS ...... 0.7956 Yazoo, MS ...... 0.7956 Big Stone, MN ...... 0.8621. Attala, MS ...... 0.7956 Missouri: Blue Earth, MN ...... 0.8621. Benton, MS ...... 0.7956 Adair, MO ...... 0.8198 Brown, MN ...... 0.8621. Bolivar, MS ...... 0.7956 Atchison, MO ...... 0.8198 Carlton, MN ...... 0.8621. Calhoun, MS ...... 0.7956 Audrain, MO ...... 0.8198 Cass, MN ...... 0.8621. Carroll, MS ...... 0.7956 Barry, MO ...... 0.8198 Chippewa, MN ...... 0.8621. Chickasaw, MS ...... 0.7956 Barton, MO ...... 0.8198 Clearwater, MN ...... 0.8621. Choctaw, MS ...... 0.7956 Bates, MO ...... 0.8198 Cook, MN ...... 0.8621. Claiborne, MS ...... 0.7956 Benton, MO ...... 0.8198 Cottonwood, MN ...... 0.8621. Clarke, MS ...... 0.7956 Bollinger, MO ...... 0.8198 Crow Wing, MN ...... 0.8621. Clay, MS ...... 0.7956 Butler, MO ...... 0.8198 Dodge, MN ...... 0.8621. Coahoma, MS ...... 0.7956 Caldwell, MO ...... 0.8198 Douglas, MN ...... 0.8621. Copiah, MS ...... 0.7956 Callaway, MO ...... 0.8198 Faribault, MN ...... 0.8621. Covington, MS ...... 0.7956 Camden, MO ...... 0.8198 Fillmore, MN ...... 0.8621. Franklin, MS ...... 0.7956 Cape Girardeau, MO ...... 0.8198 Freeborn, MN ...... 0.8621. George, MS ...... 0.7956 Carroll, MO ...... 0.8198 Goodhue, MN ...... 0.8621. Greene, MS ...... 0.7956 Carter, MO ...... 0.8198 Grant, MN ...... 0.8621 Grenada, MS ...... 0.7956 Cedar, MO ...... 0.8198 Hubbard, MN ...... 0.8621 Holmes, MS ...... 0.7956 Chariton, MO ...... 0.8198 Itasca, MN ...... 0.8621 Humphreys, MS ...... 0.7956 Clark, MO ...... 0.8198 Jackson, MN ...... 0.8621 Issaquena, MS ...... 0.7956 Cole, MO ...... 0.8198 Kanabec, MN ...... 0.8621 Itawamba, MS ...... 0.7956 Cooper, MO ...... 0.8198 Kandiyohi, MN ...... 0.8621 Jasper, MS ...... 0.7956 Crawford, MO ...... 0.8198 Kittson, MN ...... 0.8621 Jefferson, MS ...... 0.7956 Dade, MO ...... 0.8198 Koochiching, MN ...... 0.8621 Jefferson Davis, MS ...... 0.7956 Dallas, MO ...... 0.8198 Lac Qui Parle, MN ...... 0.8621 Jones, MS ...... 0.7956 Daviess, MO ...... 0.8198 Lake, MN ...... 0.8621 Kemper, MS ...... 0.7956 De Kalb, MO ...... 0.8198 Lake of Woods, MN ...... 0.8621 Lafayette, MS ...... 0.7956 Dent, MO ...... 0.8198 Le Sueur, MN ...... 0.8621 Lauderdale, MS ...... 0.7956 Douglas, MO ...... 0.8198 Lincoln, MN ...... 0.8621 Lawrence, MS ...... 0.7956 Dunklin, MO ...... 0.8198 Lyon, MN ...... 0.8621 Leake, MS ...... 0.7956 Gasconade, MO ...... 0.8198 McLeod, MN ...... 0.8621 Lee, MS ...... 0.7956 Gentry, MO ...... 0.8198 Mahnomen, MN ...... 0.8621 Leflore, MS ...... 0.7956 Grundy, MO ...... 0.8198 Marshall, MN ...... 0.8621 Lincoln, MS ...... 0.7956 Harrison, MO ...... 0.8198 Martin, MN ...... 0.8621 Lowndes, MS ...... 0.7956 Henry, MO ...... 0.8198 Meeker, MN ...... 0.8621 Marion, MS ...... 0.7956 Hickory, MO ...... 0.8198 Mille Lacs, MN ...... 0.8621 Marshall, MS ...... 0.7956 Holt, MO ...... 0.8198 Morrison, MN ...... 0.8621 Monroe, MS ...... 0.7956 Howard, MO ...... 0.8198 Mower, MN ...... 0.8621 Montgomery, MS ...... 0.7956 Howell, MO ...... 0.8198 46598 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules

TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL AREASÐContinued AREASÐContinued AREASÐContinued

Wage Wage Wage Nonurban area index Nonurban area index Nonurban area index

Iron, MO ...... 0.8198 Flathead, MT ...... 0.8689 Franklin, NE ...... 0.8000 Johnson, MO ...... 0.8198 Gallatin, MT ...... 0.8689 Frontier, NE, ...... 0.8000 Knox, MO ...... 0.8198 Garfield, MT ...... 0.8689 Furnas, NE ...... 0.8000 Laclede, MO ...... 0.8198 Glacier, MT ...... 0.8689 Gage, NE ...... 0.8000 Lawrence, MO ...... 0.8198 Golden Valley, MT ...... 0.8689 Garden, NE ...... 0.8000 Lewis, MO ...... 0.8198 Granite, MT ...... 0.8689 Garfield, NE ...... 0.8000 Linn, MO ...... 0.8198 Hill, MT ...... 0.8689 Gosper, NE ...... 0.8000 Livingston, MO ...... 0.8198 Jefferson, MT ...... 0.8689 Grant, NE ...... 0.8000 McDonald, MO ...... 0.8198 Judith Basin, MT ...... 0.8689 Greeley, NE ...... 0.8000 Macon, MO ...... 0.8198 Lake, MT ...... 0.8689 Hall, NE ...... 0.8000 Madison, MO ...... 0.8198 Lewis and Clark, MT ...... 0.8689 Hamilton, NE ...... 0.8000 Maries, MO ...... 0.8198 Liberty, MT ...... 0.8689 Harlan, NE ...... 0.8000 Marion, MO ...... 0.8198 Lincoln, MT ...... 0.8689 Hayes, NE ...... 0.8000 Mercer, MO ...... 0.8198 McCone, MT ...... 0.8689 Hitchcock, NE ...... 0.8000 Miller, MO ...... 0.8198 Madison, MT ...... 0.8689 Holt, NE ...... 0.8000 Mississippi, MO ...... 0.8198 Meagher, MT ...... 0.8689 Hooker, NE ...... 0.8000 Moniteau, MO ...... 0.8198 Mineral, MT ...... 0.8689 Howard, NE ...... 0.8000 Monroe, MO ...... 0.8198 Missoula, MT ...... 0.8689 Jefferson, NE ...... 0.8000 Montgomery, MO ...... 0.8198 Musselshell, MT ...... 0.8689 Johnson, NE ...... 0.8000 Morgan, MO ...... 0.8198 Park, MT ...... 0.8689 Kearney, NE ...... 0.8000 New Madrid, MO ...... 0.8198 Petroleum, MT ...... 0.8689 Keith, NE ...... 0.8000 Nodaway, MO ...... 0.8198 Phillips, MT ...... 0.8689 Keya Paha, NE ...... 0.8000 Oregon, MO ...... 0.8198 Pondera, MT ...... 0.8689 Kimball, NE ...... 0.8000 Osage, MO ...... 0.8198 Powder River, MT ...... 0.8689 Knox, NE ...... 0.8000 Ozark, MO ...... 0.8198 Powell, MT ...... 0.8689 Lincoln, NE ...... 0.8000 Pemiscot, MO ...... 0.8198 Prairie, MT ...... 0.8689 Logan, NE ...... 0.8000 Perry, MO ...... 0.8198 Ravalli, MT ...... 0.8689 Loup, NE ...... 0.8000 Pettis, MO ...... 0.8198 Richland, MT ...... 0.8689 McPherson, NE ...... 0.8000 Phelps, MO ...... 0.8198 Roosevelt, MT ...... 0.8689 Madison, NE ...... 0.8000 Pike, MO ...... 0.8198 Rosebud, MT ...... 0.8689 Merrick, NE ...... 0.8000 Polk, MO ...... 0.8198 Sanders, MT ...... 0.8689 Morrill, NE ...... 0.8000 Pulaski, MO ...... 0.8198 Sheridan, MT ...... 0.8689 Nance, NE ...... 0.8000 Putnam, MO ...... 0.8198 Silver Bow, MT ...... 0.8689 Nemaha, NE ...... 0.8000 Ralls, MO ...... 0.8198 Stillwater, MT ...... 0.8689 Nuckolls, NE ...... 0.8000 Randolph, MO ...... 0.8198 Sweet Grass, MT ...... 0.8689 Otoe, NE ...... 0.8000 Reynolds, MO ...... 0.8198 Teton, MT ...... 0.8689 Pawnee, NE ...... 0.8000 Ripley, MO ...... 0.8198 Toole, MT ...... 0.8689 Perkins, NE ...... 0.8000 St. Clair, MO ...... 0.8198 Treasure, MT ...... 0.8689 Phelps, NE ...... 0.8000 St. Genevieve, MO ...... 0.8198 Valley, MT ...... 0.8689 Pierce, NE ...... 0.8000 St. Francois, MO ...... 0.8198 Wheatland, MT ...... 0.8689 Platte, NE ...... 0.8000 Saline, MO ...... 0.8198 Wibaux, MT ...... 0.8689 Polk, NE ...... 0.8000 Schuyler, MO ...... 0.8198 Yellowstone Natl Park, MT ...... 0.8689 Red Willow, NE ...... 0.8000 Scotland, MO ...... 0.8198 Nebraska: Richardson, NE ...... 0.8000 Scott, MO ...... 0.8198 Adams, NE ...... 0.8000 Rock, NE ...... 0.8000 Shannon, MO ...... 0.8198 Antelope, NE ...... 0.8000 Saline, NE ...... 0.8000 Shelby, MO ...... 0.8198 Arthur, NE ...... 0.8000 Saunders, NE ...... 0.8000 Stoddard, MO ...... 0.8198 Banner, NE ...... 0.8000 Scott Bluff, NE ...... 0.8000 Stone, MO ...... 0.8198 Blaine, NE ...... 0.8000 Seward, NE ...... 0.8000 Sullivan, MO ...... 0.8198 Boone, NE ...... 0.8000 Sheridan, NE ...... 0.8000 Taney, MO ...... 0.8198 Box Butte, NE ...... 0.8000 Sherman, NE ...... 0.8000 Texas, MO ...... 0.8198 Boyd, NE ...... 0.8000 Sioux, NE ...... 0.8000 Vernon, MO ...... 0.8198 Brown, NE ...... 0.8000 Stanton, NE ...... 0.8000 Washington, MO ...... 0.8198 Buffalo, NE ...... 0.8000 Thayer, NE ...... 0.8000 Wayne, MO ...... 0.8198 Burt, NE ...... 0.8000 Thomas, NE ...... 0.8000 Worth, MO ...... 0.8198 Butler, NE ...... 0.8000 Thurston, NE ...... 0.8000 Wright, MO ...... 0.8198 Cedar, NE ...... 0.8000 Valley, NE ...... 0.8000 Montana: Chase, NE ...... 0.8000 Wayne, NE ...... 0.8000 Beaverhead, MT ...... 0.8689 Cherry, NE ...... 0.8000 Webster, NE ...... 0.8000 Big Horn, MT ...... 0.8689 Cheyenne, NE ...... 0.8000 Wheeler, NE ...... 0.8000 Blaine, MT ...... 0.8689 Clay, NE ...... 0.8000 York, NE ...... 0.8000 Broadwater, MT ...... 0.8689 Colfax, NE ...... 0.8000 Nevada: Carbon, MT ...... 0.8689 Cuming, NE ...... 0.8000 Churchill, NV ...... 0.9918 Carter, MT ...... 0.8689 Custer, NE ...... 0.8000 Douglas, NV ...... 0.9918 Chouteau, MT ...... 0.8689 Dawes, NE ...... 0.8000 Elko, NV ...... 0.9918 Custer, MT ...... 0.8689 Dawson, NE ...... 0.8000 Esmeralda, NV ...... 0.9918 Daniels, MT ...... 0.8689 Deuel, NE ...... 0.8000 Eureka, NV ...... 0.9918 Dawson, MT ...... 0.8689 Dixon, NE ...... 0.8000 Humboldt, NV ...... 0.9918 Deer Lodge, MT ...... 0.8689 Dodge, NE ...... 0.8000 Lander, NV ...... 0.9918 Fallon, MT ...... 0.8689 Dundy, NE ...... 0.8000 Lincoln, NV ...... 0.9918 Fergus, MT ...... 0.8689 Fillmore, NE ...... 0.8000 Lyon, NV ...... 0.9918 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46599

TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL AREASÐContinued AREASÐContinued AREASÐContinued

Wage Wage Wage Nonurban area index Nonurban area index Nonurban area index

Mineral, NV ...... 0.9918 Beaufort, NC ...... 0.8488 Dickey, ND ...... 0.8217 Pershing, NV ...... 0.9918 Bertie, NC ...... 0.8488 Divide, ND ...... 0.8217 Storey, NV ...... 0.9918 Bladen, NC ...... 0.8488 Dunn, ND ...... 0.8217 White Pine, NV ...... 0.9918 Camden, NC ...... 0.8488 Eddy, ND ...... 0.8217 Carson City, NV ...... 0.9918 Carteret, NC ...... 0.8488 Emmons, ND ...... 0.8217 New Hampshire: Caswell, NC ...... 0.8488 Foster, ND ...... 0.8217 Belknap, NH ...... 1.0345 Cherokee, NC ...... 0.8488 Golden Valley, ND ...... 0.8217 Carroll, NH ...... 1.0345 Chowan, NC ...... 0.8488 Grant, ND ...... 0.8217 Cheshire, NH ...... 1.0345 Clay, NC ...... 0.8488 Griggs, ND ...... 0.8217 Coos, NH ...... 1.0345 Cleveland, NC ...... 0.8488 Hettinger, ND ...... 0.8217 Grafton, NH ...... 1.0345 Columbus, NC ...... 0.8488 Kidder, ND ...... 0.8217 Sullivan, NH ...... 1.0345 Craven, NC ...... 0.8488 La Moure, ND ...... 0.8217 New Mexico: Dare, NC ...... 0.8488 Logan, ND ...... 0.8217 Catron, NM ...... 0.9002 Duplin, NC ...... 0.8488 McHenry, ND ...... 0.8217 Chaves, NM ...... 0.9002 Gates, NC ...... 0.8488 McIntosh, ND ...... 0.8217 Cibola, NM ...... 0.9002 Graham, NC ...... 0.8488 McKenzie, ND ...... 0.8217 Colfax, NM ...... 0.9002 Granville, NC ...... 0.8488 McLean, ND ...... 0.8217 Curry, NM ...... 0.9002 Greene, NC ...... 0.8488 Mercer, ND ...... 0.8217 De Baca, NM ...... 0.9002 Halifax, NC ...... 0.8488 Mountrail, ND ...... 0.8217 Eddy, NM ...... 0.9002 Harnett, NC ...... 0.8488 Nelson, ND ...... 0.8217 Grant, NM ...... 0.9002 Haywood, NC ...... 0.8488 Oliver, ND ...... 0.8217 Guadalupe, NM ...... 0.9002 Henderson, NC ...... 0.8488 Pembina, ND ...... 0.8217 Harding, NM ...... 0.9002 Hertford, NC ...... 0.8488 Pierce, ND ...... 0.8217 Hidalgo, NM ...... 0.9002 Hoke, NC ...... 0.8488 Ramsey, ND ...... 0.8217 Lea, NM ...... 0.9002 Hyde, NC ...... 0.8488 Ransom, ND ...... 0.8217 Lincoln, NM ...... 0.9002 Iredell, NC ...... 0.8488 Renville, ND ...... 0.8217 Luna, NM ...... 0.9002 Jackson, NC ...... 0.8488 Richland, ND ...... 0.8217 McKinley, NM ...... 0.9002 Jones, NC ...... 0.8488 Rolette, ND ...... 0.8217 Mora, NM ...... 0.9002 Lee, NC ...... 0.8488 Sargent, ND ...... 0.8217 Otero, NM ...... 0.9002 Lenoir, NC ...... 0.8488 Sheridan, ND ...... 0.8217 Quay, NM ...... 0.9002 McDowell, NC ...... 0.8488 Sioux, ND ...... 0.8217 Rio Arriba, NM ...... 0.9002 Macon, NC ...... 0.8488 Slope, ND ...... 0.8217 Roosevelt, NM ...... 0.9002 Martin, NC ...... 0.8488 Stark, ND ...... 0.8217 San Juan, NM ...... 0.9002 Mitchell, NC ...... 0.8488 Steele, ND ...... 0.8217 San Miguel, NM ...... 0.9002 Montgomery, NC ...... 0.8488 Stutsman, ND ...... 0.8217 Sierra, NM ...... 0.9002 Moore, NC ...... 0.8488 Towner, ND ...... 0.8217 Socorro, NM ...... 0.9002 Northampton, NC ...... 0.8488 Traill, ND ...... 0.8217 Taos, NM ...... 0.9002 Pamlico, NC ...... 0.8488 Walsh, ND ...... 0.8217 Torrance, NM ...... 0.9002 Pasquotank, NC ...... 0.8488 Ward, ND ...... 0.8217 Union, NM ...... 0.9002 Pender, NC ...... 0.8488 Wells, ND ...... 0.8217 New York: Perquimans, NC ...... 0.8488 Williams, ND ...... 0.8217 Allegany, NY ...... 0.8845 Person, NC ...... 0.8488 Ohio: Cattaraugus, NY ...... 0.8845 Polk, NC ...... 0.8488 Adams, OH ...... 0.9063 Chenango, NY ...... 0.8845 Richmond, NC ...... 0.8488 Ashland, OH ...... 0.9063 Clinton, NY ...... 0.8845 Robeson, NC ...... 0.8488 Athens, OH ...... 0.9063 Columbia, NY ...... 0.8845 Rockingham, NC ...... 0.8488 Champaign, OH ...... 0.9063 Cortland, NY ...... 0.8845 Rutherford, NC ...... 0.8488 Clinton, OH ...... 0.9063 Delaware, NY ...... 0.8845 Sampson, NC ...... 0.8488 Coshocton, OH ...... 0.9063 Essex, NY ...... 0.8845 Scotland, NC ...... 0.8488 Darke, OH ...... 0.9063 Franklin, NY ...... 0.8845 Stanly, NC ...... 0.8488 Defiance, OH ...... 0.9063 Fulton, NY ...... 0.8845 Surry, NC ...... 0.8488 Erie, OH ...... 0.9063 Greene, NY ...... 0.8987 Swain, NC ...... 0.8488 Fayette, OH ...... 0.9063 Hamilton, NY ...... 0.8845 Transylvania, NC ...... 0.8488 Gallia, OH ...... 0.9063 Jefferson, NY ...... 0.8845 Tyrrell, NC ...... 0.8488 Guernsey, OH ...... 0.9063 Lewis, NY ...... 0.8845 Vance, NC ...... 0.8488 Hancock, OH ...... 0.9063 Otsego, NY ...... 0.8845 Warren, NC ...... 0.8488 Hardin, OH ...... 0.9063 St Lawrence, NY ...... 0.8845 Washington, NC ...... 0.8488 Harrison, OH ...... 0.9063 Schuyler, NY ...... 0.8845 Watauga, NC ...... 0.8488 Henry, OH ...... 0.9063 Seneca, NY ...... 0.8845 Wilkes, NC ...... 0.8488 Highland, OH ...... 0.9063 Steuben, NY ...... 0.8845 Wilson, NC ...... 0.8488 Hocking, OH ...... 0.9063 Sullivan, NY ...... 0.8845 Yancey, NC ...... 0.8488 Holmes, OH ...... 0.9063 Tompkins, NY ...... 0.8845 North Dakota: Huron, OH ...... 0.9063 Ulster, NY ...... 0.8845 Adams, ND ...... 0.8217 Jackson, OH ...... 0.9063 Wyoming, NY ...... 0.8845 Barnes, ND ...... 0.8217 Knox, OH ...... 0.9063 Yates, NY ...... 0.8845 Benson, ND ...... 0.8217 Logan, OH ...... 0.9063 North Carolina: Billings, ND ...... 0.8217 Marion, OH ...... 0.9063 Alleghany, NC ...... 0.8488 Bottineau, ND ...... 0.8217 Meigs, OH ...... 0.9063 Anson, NC ...... 0.8488 Bowman, ND ...... 0.8217 Mercer, OH ...... 0.9063 Ashe, NC ...... 0.8488 Burke, ND ...... 0.8217 Monroe, OH ...... 0.9063 Avery, NC ...... 0.8488 Cavalier, ND ...... 0.8217 Morgan, OH ...... 0.9063 46600 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules

TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL AREASÐContinued AREASÐContinued AREASÐContinued

Wage Wage Wage Nonurban area index Nonurban area index Nonurban area index

Morrow, OH ...... 0.9063 Ottawa, OK ...... 0.8395 Snyder, PA ...... 0.9910 Muskingum, OH ...... 0.9063 Pawnee, OK ...... 0.8395 Sullivan, PA ...... 0.9910 Noble, OH ...... 0.9063 Payne, OK ...... 0.8395 Tioga, PA ...... 0.9910 Ottawa, OH ...... 0.9063 Pittsburg, OK ...... 0.8395 Susquehanna, PA ...... 0.9910 Paulding, OH ...... 0.9063 Pontotoc, OK ...... 0.8395 Union, PA ...... 0.9910 Perry, OH ...... 0.9063 Pushmataha, OK ...... 0.8395 Venango, PA ...... 0.9910 Pike, OH ...... 0.9063 Roger Mills, OK ...... 0.8395 Warren, PA ...... 0.9910 Preble, OH ...... 0.9063 Seminole, OK ...... 0.8395 Wayne, PA ...... 0.9910 Putnam, OH ...... 0.9063 Stephens, OK ...... 0.8395 Puerto Rico: Ross, OH ...... 0.9063 Texas, OK ...... 0.8395 Adjuntas, PR ...... 0.6936 Sandusky, OH ...... 0.9063 Tillman, OK ...... 0.8395 Aibonito, PR ...... 0.6936 Scioto, OH ...... 0.9063 Washington, OK ...... 0.8395 Arroyo, PR ...... 0.6936 Seneca, OH ...... 0.9063 Washita, OK ...... 0.8395 Barranquitas, PR ...... 0.6936 Shelby, OH ...... 0.9063 Woods, OK ...... 0.8395 Ciales, PR ...... 0.6936 Tuscarawas, OH ...... 0.9063 Woodward, OK ...... 0.8395 Coamo, PR ...... 0.6936 Union, OH ...... 0.9933 Oregon: Culebra, PR ...... 0.6936 Van Wert, OH ...... 0.9063 Baker, OR ...... 0.9812 Guanica, PR ...... 0.6936 Vinton, OH ...... 0.9063 Benton, OR ...... 0.9812 Guayama, PR ...... 0.6936 Wayne, OH ...... 0.9063 Clatsop, OR ...... 0.9812 Isabela, PR ...... 0.6936 Williams, OH ...... 0.9063 Coos, OR ...... 0.9812 Jayuya, PR ...... 0.6936 Wyandot, OH ...... 0.9063 Crook, OR ...... 0.9812 Lajas, PR ...... 0.6936 Oklahoma: Curry, OR ...... 0.9812 Lares, PR ...... 0.6936 Adair, OK ...... 0.8395 Deschutes, OR ...... 0.9812 Las Marias, PR ...... 0.6936 Alfalfa, OK ...... 0.8395 Douglas, OR ...... 0.9812 Maricao, PR ...... 0.6936 Atoka, OK ...... 0.8395 Gilliam, OR ...... 0.9812 Maunabo, PR ...... 0.6936 Beaver, OK ...... 0.8395 Grant, OR ...... 0.9812 Orocovis, PR ...... 0.6936 Beckham, OK ...... 0.8395 Harney, OR ...... 0.9812 Patillas, PR ...... 0.6936 Blaine, OK ...... 0.8395 Hood River, OR ...... 0.9812 Quebradillas, PR ...... 0.6936 Bryan, OK ...... 0.8395 Jefferson, OR ...... 0.9812 Rincon, PR ...... 0.6936 Caddo, OK ...... 0.8395 Josephine, OR ...... 0.9812 Salinas, PR ...... 0.6936 Carter, OK ...... 0.8395 Klamath, OR ...... 0.9812 San Sebastian, PR ...... 0.6936 Cherokee, OK ...... 0.8395 Lake, OR ...... 0.9812 Santa Isabel, PR ...... 0.6936 Choctaw, OK ...... 0.8395 Lincoln, OR ...... 0.9812 Utuado, PR ...... 0.6936 Cimarron, OK ...... 0.8395 Linn, OR ...... 0.9812 Vieques, PR ...... 0.6936 Coal, OK ...... 0.8395 Malheur, OR ...... 0.9812 Puerto Rico, Nfd, PR ...... 0.6936 Cotton, OK ...... 0.8395 Morrow, OR ...... 0.9812 South Carolina: Craig, OK ...... 0.8395 Sherman, OR ...... 0.9812 Abbeville, SC ...... 0.8058 Custer, OK ...... 0.8395 Tillamook, OR ...... 0.9812 Allendale, SC ...... 0.8058 Delaware, OK ...... 0.8395 Umatilla, OR ...... 0.9812 Bamberg, SC ...... 0.8058 Dewey, OK ...... 0.8395 Union, OR ...... 0.9812 Barnwell, SC ...... 0.8058 Ellis, OK ...... 0.8395 Wallowa, OR ...... 0.9812 Beaufort, SC ...... 0.8058 Garvin, OK ...... 0.8395 Wasco, OR ...... 0.9812 Calhoun, SC ...... 0.8058 Grady, OK ...... 0.8395 Wheeler, OR ...... 0.9812 Chester, SC ...... 0.8058 Grant, OK ...... 0.8395 Pennsylvania: Chesterfield, SC ...... 0.8058 Greer, OK ...... 0.8395 Adams, PA ...... 0.9895 Clarendon, SC ...... 0.8058 Harmon, OK ...... 0.8395 Armstrong, PA ...... 0.9910 Colleton, SC ...... 0.8058 Harper, OK ...... 0.8395 Bedford, PA ...... 0.9910 Darlington, SC ...... 0.8058 Haskell, OK ...... 0.8395 Bradford, PA ...... 0.9910 Dillon, SC ...... 0.8058 Hughes, OK ...... 0.8395 Cameron, PA ...... 0.9910 Fairfield, SC ...... 0.8058 Jackson, OK ...... 0.8395 Clarion, PA ...... 0.9910 Georgetown, SC ...... 0.8058 Jefferson, OK ...... 0.8395 Clearfield, PA ...... 0.9910 Greenwood, SC ...... 0.8058 Johnston, OK ...... 0.8395 Clinton, PA ...... 0.9910 Hampton, SC ...... 0.8058 Kay, OK ...... 0.8395 Crawford, PA ...... 0.9910 Jasper, SC ...... 0.8058 Kingfisher, OK ...... 0.8395 Elk, PA ...... 0.9910 Kershaw, SC ...... 0.8058 Kiowa, OK ...... 0.8395 Forest, PA ...... 0.9910 Lancaster, SC ...... 0.8058 Latimer, OK ...... 0.8395 Franklin, PA ...... 0.9910 Laurens, SC ...... 0.8058 Le Flore, OK ...... 0.8395 Fulton, PA ...... 0.9910 Lee, SC ...... 0.8058 Lincoln, OK ...... 0.8395 Greene, PA ...... 0.9910 McCormick, SC ...... 0.8058 Love, OK ...... 0.8395 Huntingdon, PA ...... 0.9910 Marion, SC ...... 0.8058 McCurtain, OK ...... 0.8395 Indiana, PA ...... 0.9910 Marlboro, SC ...... 0.8058 McIntosh, OK ...... 0.8395 Jefferson, PA ...... 0.9910 Newberry, SC ...... 0.8058 Major, OK ...... 0.8395 Juniata, PA ...... 0.9910 Oconee, SC ...... 0.8058 Marshall, OK ...... 0.8395 Lawrence, PA ...... 0.9910 Orangeburg, SC ...... 0.8058 Mayes, OK ...... 0.8395 McKean, PA ...... 0.9910 Saluda, SC ...... 0.8058 Murray, OK ...... 0.8395 Mifflin, PA ...... 0.9910 Union, SC ...... 0.8058 Muskogee, OK ...... 0.8395 Monroe, PA ...... 0.9524 Williamsburg, SC ...... 0.8058 Noble, OK ...... 0.8395 Montour, PA ...... 0.9910 South Dakota: Nowata, OK ...... 0.8395 Northumberland, PA ...... 0.9910 Aurora, SD ...... 0.8000 Okfuskee, OK ...... 0.8395 Potter, PA ...... 0.9910 Beadle, SD ...... 0.8000 Okmulgee, OK ...... 0.8395 Schuylkill, PA ...... 0.9910 Bennett, SD ...... 0.8000 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46601

TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL AREASÐContinued AREASÐContinued AREASÐContinued

Wage Wage Wage Nonurban area index Nonurban area index Nonurban area index

Bon Homme, SD ...... 0.8000 Claiborne, TN ...... 0.8000 Bandera, TX ...... 0.8082 Brookings, SD ...... 0.8000 Clay, TN ...... 0.8000 Baylor, TX ...... 0.8082 Brown, SD ...... 0.8000 Cocke, TN ...... 0.8000 Bee, TX ...... 0.8082 Brule, SD ...... 0.8000 Coffee, TN ...... 0.8000 Blanco, TX ...... 0.8082 Buffalo, SD ...... 0.8000 Crockett, TN ...... 0.8000 Borden, TX ...... 0.8082 Butte, SD ...... 0.8000 Cumberland, TN ...... 0.8000 Bosque, TX ...... 0.8082 Campbell, SD ...... 0.8000 Decatur, TN ...... 0.8000 Brewster, TX ...... 0.8082 Charles Mix, SD ...... 0.8000 DeKalb, TN ...... 0.8000 Briscoe, TX ...... 0.8082 Clark, SD ...... 0.8000 Dyer, TN ...... 0.8000 Brooks, TX ...... 0.8082 Clay, SD ...... 0.8000 Fentress, TN ...... 0.8000 Brown, TX ...... 0.8082 Codington, SD ...... 0.8000 Franklin, TN ...... 0.8000 Burleson, TX ...... 0.8082 Corson, SD ...... 0.8000 Gibson, TN ...... 0.8000 Burnet, TX ...... 0.8082 Custer, SD ...... 0.8000 Giles, TN ...... 0.8000 Calhoun, TX ...... 0.8082 Davison, SD ...... 0.8000 Grainger, TN ...... 0.8791 Callahan, TX ...... 0.8082 Day, SD ...... 0.8000 Greene, TN ...... 0.8000 Camp, TX ...... 0.8082 Deuel, SD ...... 0.8000 Grundy, TN ...... 0.8000 Carson, TX ...... 0.8082 Dewey, SD ...... 0.8000 Hamblen, TN ...... 0.8000 Cass, TX ...... 0.8082 Douglas, SD ...... 0.8000 Hancock, TN ...... 0.8000 Castro, TX ...... 0.8082 Edmunds, SD ...... 0.8000 Hardeman, TN ...... 0.8000 Cherokee, TX ...... 0.8082 Fall River, SD ...... 0.8000 Hardin, TN ...... 0.8000 Childress, TX ...... 0.8082 Faulk, SD ...... 0.8000 Haywood, TN ...... 0.8000 Clay, TX ...... 0.8082 Grant, SD ...... 0.8000 Henderson, TN ...... 0.8000 Cochran, TX ...... 0.8082 Gregory, SD ...... 0.8000 Henry, TN ...... 0.8000 Coke, TX ...... 0.8082 Haakon, SD ...... 0.8000 Hickman, TN ...... 0.8000 Coleman, TX ...... 0.8082 Hamlin, SD ...... 0.8000 Houston, TN ...... 0.8000 Collingsworth, TX ...... 0.8082 Hand, SD ...... 0.8000 Humphreys, TN ...... 0.8000 Colorado, TX ...... 0.8082 Hanson, SD ...... 0.8000 Jackson, TN ...... 0.8000 Comanche, TX ...... 0.8082 Harding, SD ...... 0.8000 Jefferson, TN ...... 0.8791 Concho, TX ...... 0.8082 Hughes, SD ...... 0.8000 Johnson, TN ...... 0.8000 Cooke, TX ...... 0.8082 Hutchinson, SD ...... 0.8000 Lake, TN ...... 0.8000 Cottle, TX, ...... 0.8082 Hyde, SD ...... 0.8000 Lauderdale, TN ...... 0.8000 Crane, TX ...... 0.8082 Jackson, SD ...... 0.8000 Lawrence, TN ...... 0.8000 Crockett, TX ...... 0.8082 Jerauld, SD ...... 0.8000 Lewis, TN ...... 0.8000 Crosby, TX ...... 0.8082 Jones, SD ...... 0.8000 Lincoln, TN ...... 0.8000 Culberson, TX ...... 0.8082 Kingsbury, SD ...... 0.8000 McMinn, TN ...... 0.8000 Dallam, TX ...... 0.8082 Lake, SD ...... 0.8000 McNairy, TN ...... 0.8000 Dawson, TX ...... 0.8082 Lawrence, SD ...... 0.8000 Macon, TN ...... 0.8000 Deaf Smith, TX ...... 0.8082 Lyman, SD ...... 0.8000 Marshall, TN ...... 0.8000 Delta, TX ...... 0.8082 McCook, SD ...... 0.8000 Maury, TN ...... 0.8000 De Witt, TX ...... 0.8082 McPherson, SD ...... 0.8000 Meigs, TN ...... 0.8000 Dickens, TX ...... 0.8082 Marshall, SD ...... 0.8000 Monroe, TN ...... 0.8000 Dimmit, TX ...... 0.8082 Meade, SD ...... 0.8000 Moore, TN ...... 0.8000 Donley, TX ...... 0.8082 Mellette, SD ...... 0.8000 Morgan, TN ...... 0.8000 Duval, TX ...... 0.8082 Miner, SD ...... 0.8000 Obion, TN ...... 0.8000 Eastland, TX ...... 0.8082 Moody, SD ...... 0.8000 Overton, TN ...... 0.8000 Edwards, TX ...... 0.8082 Perkins, SD ...... 0.8000 Perry, TN ...... 0.8000 Erath, TX ...... 0.8082 Potter, SD ...... 0.8000 Pickett, TN ...... 0.8000 Falls, TX ...... 0.8082 Roberts, SD ...... 0.8000 Polk, TN ...... 0.8000 Fannin, TX ...... 0.8082 Sanborn, SD ...... 0.8000 Putnam, TN ...... 0.8000 Fayette, TX ...... 0.8082 Shannon, SD ...... 0.8000 Rhea, TN ...... 0.8000 Fisher, TX ...... 0.8082 Spink, SD ...... 0.8000 Roane, TN ...... 0.8000 Floyd, TX ...... 0.8082 Stanley, SD ...... 0.8000 Scott, TN ...... 0.8000 Foard, TX ...... 0.8082 Sully, SD ...... 0.8000 Sequatchie, TN ...... 0.9114 Franklin, TX ...... 0.8082 Todd, SD ...... 0.8000 Smith, TN ...... 0.8000 Freestone, TX ...... 0.8082 Tripp, SD ...... 0.8000 Stewart, TN ...... 0.8000 Frio, TX ...... 0.8082 Turner, SD ...... 0.8000 Trousdale, TN ...... 0.8000 Gaines, TX ...... 0.8082 Union, SD ...... 0.8000 Van Buren, TN ...... 0.8000 Garza, TX ...... 0.8082 Walworth, SD ...... 0.8000 Warren, TN ...... 0.8000 Gillespie, TX ...... 0.8082 Washabaugh, SD ...... 0.8000 Wayne, TN ...... 0.8000 Glasscock, TX ...... 0.8082 Yankton, SD ...... 0.8000 Weakley, TN ...... 0.8000 Goliad, TX ...... 0.8082 Ziebach, SD ...... 0.8000 White, TN ...... 0.8000 Gonzales, TX ...... 0.8082 Tennessee: Texas: Gray, TX ...... 0.8082 Bedford, TN ...... 0.8000 Anderson, TX ...... 0.8082 Grimes, TX ...... 0.8082 Benton, TN ...... 0.8000 Andrews, TX ...... 0.8082 Hale, TX ...... 0.8082 Bledsoe, TN ...... 0.8000 Angelina, TX ...... 0.8082 Hall, TX ...... 0.8082 Bradley, TN ...... 0.8000 Aransas, TX , ...... 0.8082 Hamilton, TX ...... 0.8082 Campbell, TN ...... 0.8000 Armstrong, TX ...... 0.8082 Hansford, TX ...... 0.8082 Cannon, TN ...... 0.8000 Atascosa, TX ...... 0.8082 Hardeman, TX ...... 0.8082 Carroll, TN ...... 0.8000 Austin, TX ...... 0.8082 Hartley, TX ...... 0.8082 Chester, TN ...... 0.8000 Bailey, TX ...... 0.8082 Haskell, TX ...... 0.8082 46602 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules

TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL AREASÐContinued AREASÐContinued AREASÐContinued

Wage Wage Wage Nonurban area index Nonurban area index Nonurban area index

Hemphill, TX ...... 0.8082 Real, TX ...... 0.8082 Wasatch, UT ...... 0.8634 Hill, TX ...... 0.8082 Red River, TX ...... 0.8082 Washington, UT ...... 0.8634 Hockley, TX ...... 0.8082 Reeves, TX ...... 0.8082 Wayne, UT ...... 0.8634 Hopkins, TX ...... 0.8082 Refugio, TX ...... 0.8082 Vermont: Houston, TX ...... 0.8082 Roberts, TX ...... 0.8082 Addison, VT ...... 0.9012 Howard, TX ...... 0.8082 Robertson, TX ...... 0.8082 Bennington, VT ...... 0.9012 Hudspeth, TX ...... 0.8082 Runnels, TX ...... 0.8082 Caledonia, VT ...... 0.9012 Hutchinson, TX ...... 0.8082 Rusk, TX ...... 0.8082 Essex, VT ...... 0.9012 Irion, TX ...... 0.8082 Sabine, TX ...... 0.8082 Lamoille, VT ...... 0.9012 Jack, TX ...... 0.8082 San Augustine, TX ...... 0.8082 Orange, VT ...... 0.9012 Jackson, TX ...... 0.8082 San Jacinto, TX ...... 0.8082 Orleans, VT ...... 0.9012 Jasper, TX ...... 0.8082 San Saba, TX ...... 0.8082 Rutland, VT ...... 0.9012 Jeff Davis, TX ...... 0.8082 Schleicher, TX ...... 0.8082 Washington, VT ...... 0.9012 Jim Hogg, TX ...... 0.8082 Scurry, TX ...... 0.8082 Windham, VT ...... 0.9012 Jim Wells, TX ...... 0.8082 Shackelford, TX ...... 0.8082 Windsor, VT ...... 0.9012 Jones, TX ...... 0.8082 Shelby, TX ...... 0.8082 Virgin Islands ...... 0.6594 Karnes, TX ...... 0.8082 Sherman, TX ...... 0.8082 Virginia: Kendall, TX ...... 0.8082 Somervell, TX ...... 0.8082 Accomack, VA ...... 0.8346 Kenedy, TX ...... 0.8082 Starr, TX ...... 0.8082 Alleghany, VA ...... 0.8346 Kent, TX ...... 0.8082 Stephens, TX ...... 0.8082 Amelia, VA ...... 0.8346 Kerr, TX ...... 0.8082 Sterling, TX ...... 0.8082 Appomattox, VA ...... 0.8346 Kimble, TX ...... 0.8082 Stonewall, TX ...... 0.8082 Augusta, VA ...... 0.8346 King, TX ...... 0.8082 Sutton, TX ...... 0.8082 Bath, VA ...... 0.8346 Kinney, TX ...... 0.8082 Swisher, TX ...... 0.8082 Bland, VA ...... 0.8346 Kleberg, TX ...... 0.8082 Terrell, TX ...... 0.8082 Brunswick, VA ...... 0.8346 Knox, TX ...... 0.8082 Terry, TX ...... 0.8082 Buchanan, VA ...... 0.8346 Lamar, TX ...... 0.8082 Throckmorton, TX ...... 0.8082 Buckingham, VA ...... 0.8346 Lamb, TX ...... 0.8082 Titus, TX ...... 0.8082 Caroline, VA ...... 0.8346 Lampasas, TX ...... 0.8082 Trinity, TX ...... 0.8082 Carroll, VA ...... 0.8346 La Salle, TX ...... 0.8082 Tyler, TX ...... 0.8082 Charlotte, VA ...... 0.8346 Lavaca, TX ...... 0.8082 Upton, TX ...... 0.8082 Craig, VA ...... 0.8346 Lee, TX ...... 0.8082 Uvalde, TX ...... 0.8082 Cumberland, VA ...... 0.8346 Leon, TX ...... 0.8082 Val Verde, TX ...... 0.8082 Dickenson, VA ...... 0.8346 Limestone, TX ...... 0.8082 Van Zandt, TX ...... 0.8082 Essex, VA ...... 0.8346 Lipscomb, TX ...... 0.8082 Walker, TX ...... 0.8082 Floyd, VA ...... 0.8346 Live Oak, TX ...... 0.8082 Ward, TX ...... 0.8082 Franklin, VA ...... 0.8346 Llano, TX ...... 0.8082 Washington, TX ...... 0.8082 Frederick, VA ...... 0.8346 Loving, TX ...... 0.8082 Wharton, TX ...... 0.8082 Giles, VA ...... 0.8346 Lynn, TX ...... 0.8082 Wheeler, TX ...... 0.8082 Grayson, VA ...... 0.8346 McCulloch, TX ...... 0.8082 Wilbarger, TX ...... 0.8082 Greensville, VA ...... 0.8346 McMullen, TX ...... 0.8082 Willacy, TX ...... 0.8082 Halifax, VA ...... 0.8346 Madison, TX ...... 0.8082 Winkler, TX ...... 0.8082 Henry, VA ...... 0.8346 Marion, TX ...... 0.8082 Wise, TX ...... 0.8082 Highland, VA ...... 0.8346 Martin, TX ...... 0.8082 Wood, TX ...... 0.8082 King and Queen, VA ...... 0.8346 Mason, TX ...... 0.8082 Yoakum, TX ...... 0.8082 King William, VA ...... 0.8346 Matagorda, TX ...... 0.8082 Young, TX ...... 0.8082 Lancaster, VA ...... 0.8346 Maverick, TX ...... 0.8082 Zapata, TX ...... 0.8082 Lee, VA ...... 0.8346 Medina, TX ...... 0.8082 Zavala, TX ...... 0.8082 Louisa, VA ...... 0.8346 Menard, TX ...... 0.8082 Utah: Lunenburg, VA ...... 0.8346 Milam, TX ...... 0.8082 Beaver, UT ...... 0.8634 Madison, VA ...... 0.8346 Mills, TX ...... 0.8082 Box Elder, UT ...... 0.8634 Mecklenburg, VA ...... 0.8346 Mitchell, TX ...... 0.8082 Cache, UT ...... 0.8634 Middlesex, VA ...... 0.8346 Montague, TX ...... 0.8082 Carbon, UT ...... 0.8634 Montgomery, VA ...... 0.8346 Moore, TX ...... 0.8082 Daggett, UT ...... 0.8634 Nelson, VA ...... 0.8346 Morris, TX ...... 0.8082 Duchesne, UT ...... 0.8634 Northampton, VA ...... 0.8346 Motley, TX ...... 0.8082 Emery, UT ...... 0.8634 Northumberland, VA ...... 0.8346 Nacogdoches, TX, ...... 0.8082 Garfield, UT ...... 0.8634 Nottoway, VA ...... 0.8346 Navarro, TX ...... 0.8082 Grand, UT ...... 0.8634 Orange, VA ...... 0.8346 Newton, TX ...... 0.8082 Iron, UT ...... 0.8634 Page, VA ...... 0.8346 Nolan, TX ...... 0.8082 Juab, UT ...... 0.8634 Patrick, VA ...... 0.8346 Ochiltree, TX ...... 0.8082 Millard, UT ...... 0.8634 Prince Edward, VA ...... 0.8346 Oldham, TX ...... 0.8082 Morgan, UT ...... 0.8634 Pulaski, VA ...... 0.8346 Palo Pinto, TX ...... 0.8082 Piute, UT ...... 0.8634 Rappahannock, VA ...... 0.8346 Panola, TX ...... 0.8082 Rich, UT ...... 0.8634 Richmond, VA ...... 0.8346 Parmer, TX ...... 0.8082 San Juan, UT ...... 0.8634 Rockbridge, VA ...... 0.8346 Pecos, TX ...... 0.8082 Sanpete, UT ...... 0.8634 Rockingham, VA ...... 0.8346 Polk, TX ...... 0.8082 Sevier, UT ...... 0.8634 Russell, VA ...... 0.8346 Presidio, TX ...... 0.8082 Summit, UT ...... 0.8634 Shenandoah, VA ...... 0.8346 Rains, TX ...... 0.8082 Tooele, UT ...... 0.8634 Smyth, VA ...... 0.8346 Reagan, TX ...... 0.8082 Uintah, UT ...... 0.8634 Southampton, VA ...... 0.8346 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46603

TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL TABLE B.ÐWAGE INDEX FOR RURAL AREASÐContinued AREASÐContinued AREASÐContinued

Nonurban area Wage Nonurban area Wage Wage index index Nonurban area index

Surry, VA ...... 0.8346 Mason, WV ...... 0.8944 Vernon, WI ...... 0.8524 Sussex, VA ...... 0.8346 Mercer, WV ...... 0.8944 Vilas, WI ...... 0.8524 Tazewell, VA ...... 0.8346 Mingo, WV ...... 0.8944 Walworth, WI ...... 0.8524 Westmoreland, VA ...... 0.8346 Monongalia, WV ...... 0.8944 Washburn, WI ...... 0.8524 Wise, VA ...... 0.8346 Monroe, WV ...... 0.8944 Waupaca, WI ...... 0.8524 Wythe, VA ...... 0.8346 Morgan, WV ...... 0.8944 Waushara, WI ...... 0.8524 Buena Vista City, VA ...... 0.8346 Nicholas, WV ...... 0.8944 Wood, WI ...... 0.8524 Clifton Forge City, VA ...... 0.8346 Pendleton, WV ...... 0.8944 Wyoming: Covington City, VA ...... 0.8346 Pleasants, WV ...... 0.8944 Albany, WY ...... 0.9299 Emporia City, VA ...... 0.8346 Pocahontas, WV ...... 0.8944 Big Horn, WY ...... 0.9299 Franklin City, VA ...... 0.8346 Preston, WV ...... 0.8944 Campbell, WY ...... 0.9299 Galax City, VA ...... 0.8346 Raleigh, WV ...... 0.8944 Carbon, WY ...... 0.9299 Harrisonburg City, VA ...... 0.8346 Randolph, WV ...... 0.8944 Converse, WY ...... 0.9299 Lexington City, VA ...... 0.8346 Ritchie, WV ...... 0.8944 Crook, WY ...... 0.9299 Martinsville City, VA ...... 0.8346 Roane, WV ...... 0.8944 Fremont, WY ...... 0.9299 Nansemond City, VA ...... 0.8346 Summers, WV ...... 0.8944 Goshen, WY ...... 0.9299 Norton City, VA ...... 0.8346 Taylor, WV ...... 0.8944 Hot Springs, WY ...... 0.9299 Radford City, VA ...... 0.8346 Tucker, WV ...... 0.8944 Johnson, WY ...... 0.9299 South Boston City, VA ...... 0.8346 Tyler, WV ...... 0.8944 Lincoln, WY ...... 0.9299 Staunton City, VA ...... 0.8346 Upshur, WV ...... 0.8944 Niobrara, WY ...... 0.9299 Waynesboro City, VA ...... 0.8346 Webster, WV ...... 0.8944 Park, WY ...... 0.9299 Winchester City, VA ...... 0.8346 Wetzel, WV ...... 0.8944 Platte, WY ...... 0.9299 Washington: Wirt, WV ...... 0.8944 Sheridan, WY ...... 0.9299 Adams, WA ...... 0.9850 Wyoming, WV ...... 0.8944 Sublette, WY ...... 0.9299 Asotin, WA ...... 0.9850 Wisconsin: Sweetwater, WY ...... 0.9299 Chelan, WA ...... 0.9850 Adams, WI ...... 0.8524 Teton, WY ...... 0.9299 Clallam, WA ...... 0.9850 Ashland, WI, ...... 0.8524 Uinta, WY ...... 0.9299 Columbia, WA ...... 0.9850 Barron, WI ...... 0.8524 Washakie, WY ...... 0.9299 Cowlitz, WA ...... 0.9850 Bayfield, WI ...... 0.8524 Weston, WY ...... 0.9299 Douglas, WA ...... 0.9850 Buffalo, WI ...... 0.8524 Ferry, WA ...... 0.9850 Burnett, WI ...... 0.8524 [FR Doc 96–22375 Filed 9–3–96; 8:45 am] Garfield, WA ...... 0.9850 Clark, WI ...... 0.8524 Grant, WA ...... 0.9850 Columbia, WI ...... 0.8524 BILLING CODE 4120±03±P Grays Harbor, WA ...... 0.9850 Crawford, WI ...... 0.8524 Jefferson, WA ...... 0.9850 Dodge, WI ...... 0.8524 Kittitas, WA ...... 0.9850 Door, WI ...... 0.8524 FEDERAL COMMUNICATIONS Klickitat, WA ...... 0.9850 Dunn, WI ...... 0.8524 COMMISSION Lewis, WA ...... 0.9850 Florence, WI ...... 0.8524 Lincoln, WA ...... 0.9850 Fond Du Lac, WI ...... 0.8524 47 CFR Part 1 Mason, WA ...... 0.9850 Forest, WI ...... 0.8524 Okanogan, WA ...... 0.9850 Grant, WI ...... 0.8524 [CS Docket No. 96±83; IB Docket No. 95± Pacific, WA ...... 0.9850 Green, WI ...... 0.8524 59; FCC 96±328] Pend Oreille, WA ...... 0.9850 Green Lake, WI ...... 0.8524 San Juan, WA ...... 0.9850 Iowa, WI ...... 0.8524 Telecommunications Act of 1996; Skagit, WA ...... 0.9850 Iron, WI ...... 0.8524 Preemption of Restrictions on Over- Skamania, WA ...... 0.9850 Jackson, WI ...... 0.8524 the-Air Reception Devices Stevens, WA ...... 0.9850 Jefferson, WI ...... 0.8524 Wahkiakum, WA ...... 0.9850 Juneau, WI ...... 0.8524 AGENCY: Federal Communications Walla Walla, WA ...... 0.9850 Kewaunee, WI ...... 0.8524 Commission. Whitman, WA ...... 0.9850 Lafayette, WI ...... 0.8524 ACTION: Proposed rule. West Virginia: Langlade, WI ...... 0.8524 Barbour, WV ...... 0.8944 Lincoln, WI ...... 0.8524 SUMMARY: This Further Notice of Boone, WV ...... 0.8944 Manitowoc, WI ...... 0.8524 Proposed Rulemaking seeks comment Braxton, WV ...... 0.8944 Marinette, WI ...... 0.8524 on the implementation of Section 207 as Calhoun, WV ...... 0.8944 Marquette, WI ...... 0.8524 Clay, WV ...... 0.8944 Menomonee, WI ...... 0.8524 it relates to nongovernmental Doddridge, WV ...... 0.8944 Monroe, WI ...... 0.8524 restrictions on property not within the Fayette, WV ...... 0.8944 Oconto, WI ...... 0.8524 exclusive use or control of the viewer Gilmer, WV ...... 0.8944 Oneida, WI ...... 0.8524 and/or in which the viewer may not Grant, WV ...... 0.8944 Pepin, WI ...... 0.8524 have a direct or indirect ownership Greenbrier, WV ...... 0.8944 Polk, WI ...... 0.8524 interest. Section 207 directs that the Hampshire, WV ...... 0.8944 Portage, WI ...... 0.8524 Commission shall: ‘‘pursuant to Section Hardy, WV ...... 0.8944 Price, WI ...... 0.8524 303 of the Communications Act, Harrison, WV ...... 0.8944 Richland, WI ...... 0.8524 promulgate regulations to prohibit Jackson, WV ...... 0.8944 Rusk, WI ...... 0.8524 Lewis, WV ...... 0.8944 Sauk, WI ...... 0.8524 restrictions that impair a viewer’s ability Lincoln, WV ...... 0.8944 Sawyer, WI ...... 0.8524 to receive video programming services Logan, WV ...... 0.8944 Shawano, WI ...... 0.8524 through devices designed for over-the- McDowell, WV ...... 0.8944 Taylor, WI ...... 0.8524 air reception of television broadcast Marion, WV ...... 0.8944 Trempealeau, WI ...... 0.8524 signals, multichannel multipoint 46604 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules distribution service or direct broadcast Street, NW, Washington, D.C. 20554, outside counsel is 2 hours. 50 (50% satellite services.’’ This FNPRM will and may be purchased from the without outside counsel) × 5 hours = provide interested parties an Commission’s copy contractor, 250 hours. 50 (50% with outside opportunity to submit comments that International Transcription Service, counsel) × 2 hours = 100 hours. It is will provide the Commission with a (202) 857–3800, 1919 M Street, NW, estimated that 50% of comments on sufficient record on which to base Washington, D.C. 20554. This FNPRM declaratory rulings will be prepared ultimate regulations. contains a proposed information without outside counsel with a burden DATES: Interested parties may file collection subject to the Paperwork of 4 hours each and 50% of parties will comments to the FNPRM on or before Reduction Act of 1995 (PRA). As part of hire outside counsel. The estimated September 27, 1996 and reply our continuing effort to reduce burden to coordinate information with comments on or before October 28, paperwork burdens, we invite the outside counsel is 2 hours. 12 (50% 1996. Written comments by the public general public and OMB to comment on without outside counsel) × 4 hours = 48 on the proposed and/or modified the information collection contained in hours. 12 (50% with outside counsel) × information collections are due on or this FNPRM, as required by the 2 hours = 24 hours. It is estimated that before September 27, 1996. Written Paperwork Reduction Act of 1995, 50% of petitions for waivers will be comments must be submitted by the Public Law No. 104–13. Public and prepared without outside counsel with Office of Management and Budget agency comments are due on September a burden of 5 hours each and 50% of (OMB) on the proposed and/or modified 27, 1996; OMB comments are due 60 parties will hire outside counsel. The information collections on or before days from the date of publication in the estimated burden to coordinate November 4, 1996. Federal Register. Comments should information with outside counsel is 2 ADDRESSES: An original and six copies address: (a) Whether the collection of hours. 50 (50% without outside × of all comments and reply comments information is necessary for the proper counsel) 5 hours = 250 hours. 50 (50% × should be sent to Office of the Secretary, performance of the functions of the with outside counsel) 2 hours = 100 Federal Communications Commission, Commission, including whether the hours. It is estimated that 50% of 1919 M Street, N.W., Room 222, information will have practical utility; comments on waivers will be prepared Washington, D.C. 20554, with a copy to (b) the accuracy of the Commission’s without outside counsel with a burden Jacqueline Spindler of the Cable burden estimates; (c) ways to enhance of 4 hours each and 50% of parties will Services Bureau, 2033 M Street, N.W., the quality, utility, and clarity of the hire outside counsel. The estimated Room 700, Washington, D.C. 20554. information collected; and (d) ways to burden to coordinate information with Parties should also file one copy of any minimize the burden of the collection of outside counsel is 2 hours. 12 (50% × documents filed in this docket with the information on the respondents, without outside counsel) 4 hours = 48 × Commission’s copy contractor, including the use of automated hours. 12 (50% with outside counsel) International Transcription Services, collection techniques or other forms of 2 hours = 24 hours. Inc., 2100 M Street, N.W., Suite 140, information technology. Estimated Costs Per Respondent for Washington, D.C. 20037. Comments and OMB Approval Number: 3060–0707. the Order: It is estimated that 50 reply comments will be available for Title: Preemption of Restrictions on requests for declaratory rulings, 12 public inspection during regular Over-the-Air Reception Devices—Report comments on requests for declaratory business hours in the FCC Reference and Order, Memorandum Opinion and rulings, 50 petitions for waivers and 12 Center, 1919 M Street, N.W., Room 239, Order, and Further Notice of Proposed comments on petitions for waivers will Washington, D.C. 20554. In addition to Rulemaking. be prepared each year through outside filing comments with the Secretary, a Type of Review: Revision of an counsel. The estimated annual costs are copy of any comments on the existing collection. The following are $89,400, illustrated as follows: 50 declaratory rulings × 5 hours × $150/hr. information collections contained burden estimates for the Order portion = $37,500. 12 comments on declaratory herein should be submitted to Dorothy of the document, as well as the Further rulings × 4 hours × $150/hr. = $7,200. Conway, Federal Communications Notice of Proposed Rulemaking portion 50 petitions for waivers × 5 hours × Commission, Room 234, 1919 M Street, of the document. We account for the $150/hr. = $37,500. 12 comments on N.W., Washington, D.C. 20054, or via burdens estimates separately. If, in a petitions for waivers × 4 hours × $150/ the Internet to [email protected], and to subsequent rulemaking, the proposed rules in the Further Notice of Proposed hr. = $7,200. Timothy Fain, OMB Desk Officer, 10236 Number of Respondents for the NEOB, 725–17th Street, N.W., Rulemaking are not adopted in part or in whole, the Commission will adjust its FNPRM: 248. (100 requests for Washington, D.C. 20503 or via the declaratory rulings, 24 comments on Internet to [email protected]. burden estimates accordingly. Respondents: State and local requests, 100 petitions for wavers, 24 FOR FURTHER INFORMATION CONTACT: governments; small organizations; small comments on petitions.) Jacqueline Spindler, Cable Services businesses. Estimated Time Per Response for the Bureau, (202) 418–7200. For additional Number of Respondents for the Order: FNPRM: 2–5 hours. information concerning the information 248. (100 requests for declaratory Total Annual Burden for the FNPRM: collections contained herein, contact rulings, 24 comments on requests, 100 844 hours. It is estimated that 50% of Dorothy Conway at 202–418–0217, or petitions for waivers, 24 comments on declaratory rulings will be prepared via the Internet at [email protected]. petitions.) without outside counsel with a burden SUPPLEMENTARY INFORMATION: This is a Estimated Time Per Response for the of 5 hours each and 50% of parties will synopsis of the Commission’s FNPRM Order: 2–5 hours. hire outside counsel. The estimated in CS Docket No. 96–83, IB Docket No. Total Annual Burden for the Order: burden to coordinate information with 95–59, FCC No. 96–328, adopted August 844 hours. It is estimated that 50% of outside counsel is 2 hours. 50 (50% 5, 1996 and released August 6, 1996. declaratory rulings will be prepared without outside counsel) × 5 hours = The full text of this decision is available without outside counsel with a burden 250 hours. 50 (50% with outside for inspection and copying during of 5 hours each and 50% of parties will counsel) × 2 hour = 100 hours. It is normal business hours in the FCC hire outside counsel. The estimated estimated that 50% of comments on Reference Center (room 239), 1919 M burden to coordinate information with declaratory rulings will be prepared Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46605 without outside counsel with a burden (FNPRM) we seek comment on the Id. at 440 n.19. We therefore request of 4 hours each and 50% of parties will implementation of Section 207 as it comment on the question of whether hire outside counsel. The estimated relates to restrictions on property not adoption of a prohibition applicable to burden to coordinate information with within the exclusive use or control of restrictions imposed on rental property outside counsel is 2 hours. 12 (50% the viewer and/or in which the viewer or property not within the exclusive without outside counsel) × 4 hours = 48 may not have a direct or indirect control of the viewer who has an hours. 12 (50% with outside counsel) × ownership interest. ownership interest would constitute a 2 hour = 24 hours. It is estimated that 2. Neither the DBS Order and FNPRM taking under Loretto, for which just 50% of petitions for waivers will be nor the TVBS–MMDS NPRM specifically compensation would be required, and if prepared without outside counsel with proposed rules to govern or sought so, what would constitute just a burden of 5 hours each and 50% of comment on the question of whether the compensation in these circumstances. parties will hire outside counsel. The antenna restriction preemption rules 4. In this regard, we also request estimated burden to coordinate should apply to the placement of comment on how the case of Bell information with outside counsel is 2 antennas on rental and other property Atlantic Telephone Companies v. FCC, hours. 50 (50% without outside not within the exclusive control of a 24 F.3d 1441 (D.C. Cir. 1994), should counsel) × 5 hours = 250 hours. 50 (50% person with an ownership interest. As a affect the constitutional and legal with outside counsel) × 2 hour = 100 consequence many of the specific analysis. In that case, the U.S. Court of hours. It is estimated that 50% of practical problems of how possible Appeals for the District of Columbia comments on waivers will be prepared regulations might apply were not invalidated Commission orders that without outside counsel with a burden commented on, nor were the policy and permitted competitive access providers of 4 hours each and 50% of parties will legal issues fully briefed. We conclude to locate their connecting transmission hire outside counsel. The estimated that the record before us at this time is equipment in local exchange carrier burden to coordinate information with incomplete and insufficient on the legal, central offices because these orders outside counsel is 2 hours. 12 (50% technical and practical issues relating to directly implicated the Just without outside counsel) × 4 hours = 48 whether, and if so how, to extend our Compensation Clause of the Fifth hours. 12 (50% with outside counsel) × rule to situations in which antennas Amendment. may be installed on common property 2 hour = 24 hours. II. Initial Regulatory Flexibility Estimated Costs Per Respondent for for the benefit of one with an ownership Analysis the FNPRM: It is estimated that 50 interest or on a landlord’s property for requests for declaratory rulings, 12 the benefit of a renter. Accordingly, we 5. As required by Section 603 of the comments on requests for declaratory request further comment on these Regulatory Flexibility Act, 5 U.S.C. rulings, 50 petitions for waivers and 12 issues. We invite comment on the § 603 (1996), the Commission has comments on petitions for waivers will potential for central reception facilities prepared an Initial Regulatory be prepared each year through outside in situations where restrictions on Flexibility Analysis (IRFA) of the counsel. The estimated annual costs are individual antenna placement are potential economic impact on small $89,400, illustrated as follows: 50 preempted by the rules, and thus no entities of the approach proposed in this declaratory rulings × 5 hours × $150/hr. involuntary use of common or landlord- Further Notice of Proposed Rulemaking. = $37,500. 12 comments on declaratory owned property is involved. We seek Written public comments are requested rulings × 4 hours × $150/hr. = $7,200. comment on the technical and practical on the IRFA. Comments must be 50 petitions for waivers × 5 hours × feasibility of an approach that would identified as responses to the IRFA and $150/hr. = $37,500. 12 comments on allow the placement of over-the-air must be filed by the deadlines for petitions for waivers × 4 hours × $150/ reception devices on rental or comments on the Further Notice of hr. = $7,200. commonly-owned property. In Proposed Rulemaking provided above. Needs and Uses: Submitted particular, we invite commenters to 6. Reason for Action. The rulemaking information will be used to evaluate address technical and/or practical is initiated to obtain comment on the requests for declaratory ruling regarding problems or any other considerations implementation of Section 207 of the the reasonableness of state, local and they believe the Commission should Telecommunications Act of 1996, nongovernmental restrictions, or to take into account in deciding whether to Public Law No. 104–104, 110 Stat. 56, requests for waiver of the rule. adopt such a rule and, if so, the form as it applies to the installation, maintenance or use of antennas on I. Synopsis of Further Notice of such a rule should take. 3. Specifically, we seek comment on common areas or rental properties, Proposed Rulemaking the Commission’s legal authority to property not within the exclusive 1. On February 8, 1996, the prohibit nongovernmental restrictions control of a person with an ownership Telecommunications Act of 1996 (‘‘1996 that impair reception by viewers who do interest, where a community association Act’’) became law. Section 207 of the not have exclusive use or control and a or landlord is legally responsible for 1996 Act directs that the Commission direct or indirect ownership interest in maintenance and repair. shall, ‘‘pursuant to Section 303 of the the property. On the question of our 7. Objectives. The Commission seeks Communications Act, promulgate legal authority, we note that in Loretto to evaluate whether preempting non- regulations to prohibit restrictions that v. Teleprompter Manhattan CATV federal Restrictions on commonly impair a viewer’s ability to receive Corp., 458 U.S. 419 (1982), the Supreme owned property and property subject to video programming services through Court held that a state statute that lease agreements, would: (1) enhance devices designed for over-the-air allowed a cable operator to install its viewers’ ability to receive video reception of television broadcast signals, cable facilities on the landlord’s programming services through devices multichannel multipoint distribution property constituted a taking under the designed for over-the-air reception of service, or direct broadcast satellite Fifth Amendment. In the same case, the television broadcast signals and services.’’ On August 6, 1996, the Court stated, in dicta, that ‘‘a different multichannel multipoint distribution Commission released a Report and question’’ might be presented if the services; (2) provide an unreasonable Order implementing Section 207. In this statute required the landlord to provide management burden for parties owning Further Notice of Proposed Rulemaking cable installation desired by the tenant. and legally responsible for the property 46606 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules at issue; and (3) result in the Regulatory Flexibility Act, App. A any comments on the information Commission exceeding its statutory (1996). Utilizing the Standard Industrial collection contained herein should be authority and Congress’ constitutional Classification Codes for Real Estate submitted to Dorothy Conway, Federal authority. Agents and Managers, 100,135 firms (of Communications Commission, Room 8. Legal Basis. The proposed action is a total of 100,554) have fewer than 500 234, 1919 M Street, NW, Washington DC authorized under Section 1 of the employees. United States Dept. of 20554, or via the Internet to Communications Act of 1934, as Commerce, Bureau of the Census, 1993 [email protected], and to Timothy Fain, amended, 47 U.S.C. § 151, and Section Census of Cable and Other Pay OMB Desk Officer, 10236 NEOB, 725 207 of the Telecommunications Act of Television Services (quoted by Dr. 17th Street, NW, Washington DC 20503 1996, Public Law No. 104–104, 110 Stat. William Whiston, Chief, Research or via the Internet to [email protected]. 56. Contracts Branch, Office of Advocacy IV. Procedural Provisions 9. Reporting, Recordkeeping, and for the Small Business Administration, Other Compliance Requirements. July 31, 1996). This number does 18. Ex parte Rules—Non-Restricted Depending on the outcome of the include real estate agents, who would Proceeding. This is a non-restricted Further Notice of Proposed Rulemaking, not be burdened by the proposed rule, notice and comment rulemaking neighborhood associations, property but does not include sole proprietors proceeding. Ex parte presentations are management companies and individual engaged in leasing rental property, who permitted, provided that they are landlords promulgating regulations that might be burdened. disclosed as provided in Commission’s restrict the installation, maintenance or 14. Any Significant Alternatives rules. See generally 47 CFR §§ 1.1202, use of devices designed for receiving Minimizing the Impact on Small Entities 1.1206. over-the-air signals of DBS, MMDS and Consistent with the Stated Objectives. 19. Pursuant to applicable procedures TVBS may, in certain circumstances, This Notice solicits comments on a set forth in Sections 1.415 and 1.419 of request declaratory rulings from the general approach only. the Commission’s rules, 47 CFR Commission that their regulations are §§ 1.415, 1.419, interested parties may reasonable, or petition the Commission III. Paperwork Reduction Act of 1995 file comments on or before September for waiver of the rule. Analysis 27, 1996, and reply comments on or 10. Federal Rules that Overlap, 15. Final Paperwork Reduction Act of before October 28, 1996. To file formally Duplicate or Conflict with These 1995 Analysis. This FNPRM has been in this proceeding, you must file an Requirements. None. analyzed with respect to the Paperwork original and six copies of all comments, 11. Description and Estimate of the Reduction Act of 1995 and found to reply comments, and supporting Number of Small Entities Impacted. The contain an information collection comments. If you want each Regulatory Flexibility Act defines the requirement on the public. Commissioner to receive a personal term ‘‘small entity’’ as having the same Implementation of an information copy of your comments, you must file meaning as the terms ‘‘small business,’’ collection requirement is subject to an original and eleven copies. ‘‘small organization,’’ and ‘‘small approval by the Office of Management Comments and reply comments should governmental jurisdiction,’’ and ‘‘the and Budget as prescribed by the Act. be sent to Office of the Secretary, same meaning as the term ‘small 16. This FNPRM contains a proposed/ Federal Communications Commission, business concern’ under section 3 of the modified information collection. As part 1919 M Street, N.W., Room 222, Small Business Act.’’ A small business of our continuing effort to reduce Washington, D.C. 20554, with a copy to concern is one which: (1) Is paperwork burdens, we invite the Jacqueline Spindler of the Cable independently owned and operated; (2) general public and OMB to comment on Services Bureau, 2033 M Street, N.W., is not dominant in its field of operation; the information collection contained in Room 700, Washington, D.C. 20554. and (3) satisfies any additional criteria this FNPRM, as required by the Parties should also file one copy of any established by the Small Business Paperwork Reduction Act of 1995, documents filed in this docket with the Administration (SBA), 15 U.S.C. § 632. Public Law No.104–13. Public and Commission’s copy contractor, Neighborhood associations and property agency comments are due on September International Transcription Services, rental businesses may be affected by the 27, 1996; OMB comments are due Inc., 2100 M Street, N.W., Suite 140, ultimate outcome in the Further Notice November 4, 1996. Comments should Washington, D.C. 20037. Comments and of Proposed Rulemaking. These entities address: (a) Whether the collection of reply comments will be available for might need to revise their covenants and information is necessary for the proper public inspection during regular lease restrictions so that they conform performance of the functions of the business hours in the FCC Reference with the rule. Commission, including whether the Center, 1919 M Street, N.W., Room 239, 12. Section 601(4) of the Regulatory information will have practical utility; Washington, D.C. 20554. Flexibility Act defines ‘‘small (b) the accuracy of the Commission’s organization’’ as ‘‘any not-for-profit burden estimates; (c) ways to enhance V. Ordering Clauses enterprise which is independently the quality, utility, and clarity of the 20. It is ordered that pursuant to owned and operated and is not information collected; and (d) ways to Sections 4(i), 4(j), and 303 of the dominant in its field.’’ 5 U.S.C. § 601(4). minimize the burden of the collection of Communications Act of 1934, as This definition includes homeowner information on the respondents, amended, 47 U.S.C. §§ 154(i), 154(j), and condominium associations that including the use of automated and 303, and Section 207 of the operate as not-for-profit organizations. collection techniques or other forms of Telecommunications Act of 1996, The Community Associations Institute information technology. Public Law No. 104–104, 110 Stat. 56, estimates that there were 150,000 17. Written comments by the public notice is hereby given and comment is associations in 1993. on the modified information collections sought regarding the proposals, 13. The U.S. Small Business are due on September 27, 1996. Written discussion, and statement of issues in Administration classifies a small entity comments must be submitted by the the Further Notice of Proposed as a firm with fewer than 500 Office of Management and Budget Rulemaking. employees. United States Small (OMB) on the proposed collections on 21. It is further ordered that the Business Administration, A Guide to the or before November 4, 1996. A copy of requirements and regulations Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46607 established in this decision shall ways to enhance the quality, utility and implement the portions of the Federal become effective upon approval by the clarity of the information collected; and Acquisition Streamlining Act of 1994 Office of Management and Budget (d) ways to minimize the burden of (Pub. L. 103–355) dealing with the (OMB) of the new information collection of information on the Truth in Negotiation Act and with the collection requirements adopted herein, respondents, including the use of acquisition of commercial items. The but no sooner than October 4, 1996. automated collection techniques or GSAR interim rule also canceled the 22. This is a non-restricted notice and other forms of information technology. Multiple Award Schedule (MAS) policy comment rulemaking proceeding. Ex In addition to filing comments with the Statement of October 1, 1982 (47 FR parte presentations are permitted, Secretary, a copy of any comments on 50242, November 5, 1982). This notice except during the Sunshine Agenda the information collections contained also extends the period for public period, provided that they are disclosed herein should be submitted to Dorothy comment and provides notification of a as provided in the Commission rules. Conway, Federal Communications public meeting. GSA has made some See generally, 47 CFR §§ 1.1202, 1.1203, Commission, Room 234, 1919 M Street, revisions to the interim rule that was and 1.1206(a). NW., Washington DC 20554, or via the published in the February 16, 1996, 23. Pursuant to applicable procedures Internet to [email protected], and to Federal Register to address public set forth in Sections 1.415 and 1.419 of Timothy Fain, OMB Desk Officer, 10236 comments and to take into account the the Commission’s rules, 47 CFR §§ 1.415 NEOB, 725 17th Street, NW., enactment of the Federal Acquisition and 1.419, interested parties may file Washington, DC 20503 or via the Reform Act of 1996. The revised comments on or before September 27, Internet to [email protected]. coverage has been mailed to the public 1996, and reply comments on or before 25. It is further ordered that the commentors and copies may be October 28, 1996. All pleadings must Secretary shall send a copy of this obtained by other interested parties. conform to Section 1.49(a) of the Report and Order and Memorandum DATES: Comment Date: Comments Commission’s rules, 47 CFR § 1.49(a). Opinion and Order and Further Notice should be submitted in writing to the To file formally in this proceeding, of Proposed Rulemaking, including the address shown below on or before parties must file an original and six Initial Regulatory Flexibility Analysis, September 30, 1996. copies of all comments, reply comments to the Chief Counsel for Advocacy of the Meeting Date: The meeting will be and supporting comments. If parties Small Business Administration in held at 10:00 a.m. on September 19, want each Commissioner to receive a accordance with paragraph 603(a) of the 1996. personal copy of their comments, they Regulatory Flexibility Act, Public Law must file an original plus eleven copies. ADDRESSES: A copy of the revised No. 96–354, 94 Stat. 1164, 5 U.S.C. 601 coverage may be obtained by calling the Parties should send comments and reply et seq. (1981). comments to Office of the Secretary, GSA Acquisition Policy Division at Federal Communications Commission, List of Subjects in 47 CFR Part 1 501–1224. Interested parties should submit written comments to the Office Washington, DC 20554. Comments and Telecommunications, Television. reply comments will be available for of Acquisition Policy (MV), General Federal Communications Commission. public inspection during regular Services Administration, Room 4010, business hours in the FCC Reference William F. Caton, 18th & F Streets, NW, Washington, DC Room of the Federal Communications Acting Secretary. 20405. Commission, 1919 M Street, NW., [FR Doc. 96–22427 Filed 9–3–96; 8:45 am] The public meeting will be held at: Washington, DC 20554. For further BILLING CODE 6712±01±U General Services Administration information, contact Jacqueline Spindler Auditorium, 18th & F Streets, NW, at (202) 418–7200. Washington, DC, 20405. 24. This Further Notice of Proposed GENERAL SERVICES FOR FURTHER INFORMATION CONTACT: Rulemaking contains a proposed ADMINISTRATION Al Matera, Office of GSA Acquisition information collection. As required by Policy, (202) 501–1224. Section 603 of the Regulatory Flexibility 48 CFR Parts 501, 504, 507, 510, 511, SUPPLEMENTARY INFORMATION: On Act, the Commission has prepared an 512, 514, 515, 538, 539, 543, 546, 552 February 16, 1996, a interim rule was Initial Regulatory Flexibility Analysis and 570 published in the Federal Register (61 (IRFA) of the expected impact on small [APD 2800.12A, CHGE 70] FR 6164). The interim rule afforded the entities of the proposals suggested in the public a 60-day comment period. During Further Notice of Proposed Rulemaking. RIN 3090±AF86 that time 13 organizations submitted As part of our continuing effort to comments. Based on comments received reduce paperwork burdens, we invite General Services Administration and the enactment of the Federal the general public and the OMB to Acquisition Regulation; Acquisition of Acquisition Reform Act of 1996, GSA comment on the information collections Commercial Items has refined the coverage. Accordingly, a contained in this Further Notice of AGENCY: Office of Acquisition Policy, copy of the revised coverage has been Proposed Rulemaking, as required by GSA. mailed to previous public commenters. the Paperwork Reduction Act of 1995, ACTION: Extension of comment period The purpose of this notice is to advise Public Law No. 104–13. Public and and notice of public meeting. the public generally of the availability of agency comments are due on September the revised coverage and enable other 27, 1996; OMB comments are due SUMMARY: This public notice is issued to interested parties to obtain a copy by November 4, 1996. Comments should familiarize the public with the status of contacting the GSA Acquisition Policy address: (a) Whether the modified and finalizing the interim rule which Division. proposed collections of information are amended the General Services To allow the public to present its necessary for the proper performance of Administration Acquisition Regulation views on the refinements to this interim the functions of the Commission, (GSAR) to implement Items I and III of rule, a public meeting will be held at the including whether the information will Federal Acquisition Circular 90–32. GSA Auditorium on September 19, have practical utility; (b) the accuracy of These items in FAC 90–32 amended the 1996. Persons or organizations wishing the Commission’s burden estimates; (c) Federal Acquisition Regulation (FAR) to to make presentations should notify 46608 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules

Marjorie Ashby at (202) 501–1224, and commitment to compliance Based on Sweet’s work and genetic provide an advance copy of your enforcement, monitoring, and reporting; studies conducted by the University of remarks not later than September 17, and development and implementation Texas and Chippindale et al. (1990, 1996. of local management plans to prevent 1992, 1993b), the Barton Springs Dated: August 28, 1996. degradation of surface and springhead salamander was formally described in habitat. The Agreement contains June 1993 (Chippindale et al. 1993a). Ida M. Ustad, measures to address potential water An adult male (based on external Deputy Associate Administrator for quantity concerns and to establish examination only) collected from Barton Acquisition Policy. captive refugia to prevent extinction in Springs Pool in November 1992, was [FR Doc. 96–22488 Filed 9–3–96; 8:45 am] case of catastrophic or chronic events. selected to be the holotype (Chippindale BILLING CODE 6820±61±M Because the commitment by the State of et al. 1993a). Texas to fully implement the The water that discharges at Barton cooperative Agreement significantly Springs originates from the Barton DEPARTMENT OF THE INTERIOR reduces the risks to the species, the Springs segment of the Edwards Aquifer Service concludes that listing is no (hereafter referred to as the ‘‘Barton Fish and Wildlife Service longer warranted. Springs segment’’). Barton Springs is the fourth largest spring in Texas, exceeded 50 CFR Part 17 ADDRESSES: The complete file for this rule is available for inspection, by only by Comal, San Marcos, and San RIN 1018±AC22 appointment, during normal business Felipe springs (Brune 1981). The Barton hours at the Ecological Services Field Springs salamander is found near three Endangered and Threatened Wildlife Office, U.S. Fish and Wildlife Service, of four hydrologically connected spring and Plants; Withdrawal of Proposed 10711 Burnet Road, Suite 200, Austin, outlets that collectively make up Barton Rule To List the Barton Springs Texas 78758. Springs. These three spring outlets are Salamander as Endangered FOR FURTHER INFORMATION CONTACT: known as Parthenia (=Main), Eliza Steve Helfert, Field Supervisor (see (=Concession, =Elk’s), and Sunken AGENCY: Fish and Wildlife Service, Garden (=Old Mill, =Walsh) springs, Interior. ADDRESSES section) (512/490–0057; facsimile 512/490–0974). and they occur in Zilker Park, which is ACTION: Proposed rule; withdrawal. owned and operated by the City of SUPPLEMENTARY INFORMATION: Austin. No salamanders have been SUMMARY: The Fish and Wildlife Service Background found at the fourth spring outlet, which (Service) withdraws the February 17, is in Barton Creek immediately above 1994, proposed rule (59 FR 7968) to list The Service withdraws the proposal Barton Springs Pool (Chippindale et al. the Barton Springs salamander (Eurycea to designate the Barton Springs 1993a,b; Sweet, pers. comm., 1993; sosorum) as an endangered species salamander (Eurycea sosorum) as Hansen, in litt., 1995a; William Russell, under the Endangered Species Act of endangered, under the authority of the Texas Speleological Survey, in litt. 1973, as amended. The Service finds Endangered Species Act (Act) (16 U.S.C. 1995). The area around the main spring that information now available, 1531 et. seq.). The Barton Springs outlet (Parthenia Springs) was discussed below, justifies withdrawal of salamander is entirely aquatic and impounded in the late 1920’s to create the proposed listing of this species as neotenic (meaning it does not Barton Springs Pool. Flows from Eliza endangered. Various agencies of the metamorphose into a terrestrial form and Sunken Garden springs also are State of Texas have committed to and retains its bright red external gills retained by concrete structures, forming expedite developing and implementing throughout life) and depends on a small pools located on either side of conservation measures needed for the constant supply of clean, flowing water Barton Springs Pool. The salamander species and the Barton Springs segment from Barton Springs. Adults attain an has been observed at depths of about 0.1 of the Edwards Aquifer supporting its average length of 6.35 cm (2.5 in). This to 5 m (0.3 to 16 ft) of water under spring habitat, as set forth in the species is slender, with slightly elongate gravel and small rocks, submerged ‘‘Barton Springs Salamander limbs and reduced eyes. Dorsal leaves, and algae; among aquatic Conservation Agreement and Strategy’’ coloration varies from pale purplish- vegetation; and buried in organic debris. (Agreement), signed August 13, 1996. brown or gray to yellowish-cream. It is generally not found on exposed The Texas Parks and Wildlife Irregular spacing of dorsal pigments and limestone surfaces or in silted areas Department, Texas Natural Resource pigment gaps results in a mottled, ‘‘salt (Sweet 1978; Dr. Charles Sexton, City of Conservation Commission, the Texas and pepper’’ pattern (Sweet 1978, Austin, in litt., 1992; Chippindale et al. Department of Transportation, and the Chippindale et al. 1993a). 1993a,b; Jim Collett, Robert Hansen, and Service are signatories to the The Barton Springs salamander was Mateo Scoggins, City of Austin, pers. Agreement. The cooperative Agreement first collected from Barton Springs Pool comms., 1994–1995; O’Donnell, pers. addresses risks to the survival and in 1946 by Bryce Brown and Alvin obs., 1996). recovery of the Barton Springs Flury (Chippindale et al. 1993a,b). ‘‘Dozens or hundreds’’ of individuals salamander through a combination of Although he did not publish a formal were estimated to occur among sunken measures. These measures include: description, Dr. Samuel Sweet leaves in Eliza Pool during the 1970’s revision, adoption, and implementation (University of California at Santa (Chippindale et al. 1993a,b), while of regulations to protect water quality in Barbara) was the first to recognize the fewer than 15, and occasionally no the Barton Springs watershed and the Barton Springs salamander as distinct individuals, were observed during Barton Springs segment of the Edwards from other central Texas Eurycea surveys conducted in Eliza Pool Aquifer from degradation; development salamanders based on its restricted between 1987 and 1992 (Chippindale et and implementation of Best distribution and unique morphological al. 1993a, b). Fifteen salamanders were Management Practices to address point and skeletal characteristics (such as its observed on November 16, 1992 source contaminants; refinement and reduced eyes, elongate limbs, dorsal (Chippindale et al. 1993a,b). No enforcement of storage and disposal of coloration, and reduced number of salamanders were observed at this hazardous waste protocols; increased presacral vertebrae) (Sweet 1978, 1984). location between December 1993 and Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46609

May 1995 (Paul Chippindale, University than 20 individuals have been sighted have never been observed in the wild of Texas at Arlington, Collett, Hansen, on any given visit to that outlet (Chippindale, Hillis, and Price, pers. and Scoggins; pers. comms., 1994–1995; (Chippindale 1993b; Hansen, pers. comms. 1993; Collett, Hansen, and Hansen in litt. 1995b). Numbers ranged comm., 1995). Because it is part of the Scoggins, pers. comms., 1994–1995; from 0 to 28 between June 1995 and July Barton Springs complex and is O’Donnell, pers. obs., 1995–1996), and 1996. Dead salamanders also have been hydrologically connected to Parthenia thus oviposition likely occurs in found (O’Donnell, unpubl. data, 1995– Springs, biologists had speculated that subsurface habitat. 1996). the salamander occurred at Sunken Captive propagation of the Barton The Barton Springs salamander was Garden Springs. However, no Springs salamander has been initiated at reportedly abundant among the aquatic salamanders were observed during the Dallas Aquarium in Texas and at the vegetation in the deep end of Barton previous surveys conducted at this National Biological Service’s Midwest Springs Pool when salamanders were location between 1987 and 1992. Low Science Center in Missouri. Although collected there in 1946 (Hillis and water levels and the presence of large each facility has had one successful Chippindale 1992; Chippindale et al. rocks and sediment make searching for spawning, hatching success was less 1993a,b). Between 1989 and 1991, salamanders difficult at Sunken Garden than 8 percent (Ables, Coale, and Sexton (in litt., 1992) reported finding Springs (Chippindale et al. 1993b; Dwyer, pers. comms., 1996). salamanders under rock rubble O’Donnell, pers. obs., 1995). The Barton Springs segment covers immediately adjacent to the main spring No evidence exists that the species’ roughly 400 sq. km (155 sq. mi) from outflows on ‘‘about one out of four range extends beyond the immediate southern Travis County to northern [snorkeling] dives.’’ On July 28, 1992, at vicinity of Barton Springs. Despite Hays County, Texas, and has a storage least 50 salamanders (David Hillis, survey efforts and searches at other capacity of over 37,000 hectare-meters University of Texas at Austin, pers. spring outlets (including the spring (300,000 acre-feet) (Slade et al. 1985, comm., 1993) were found over an area outlet immediately above Barton 1986). The approximate boundaries are of roughly 400 sq. m (4,300 sq. ft) near Springs Pool), caves, and uncased wells the ‘‘bad-water’’ line to the east (where the spring outflows in Barton Springs in the Barton Springs segment, no other dissolved solids are less than 1,000 Pool, about 3 to 5 m (10 to 15 ft) below locations of the Barton Springs milligrams/liter (mg/l) (1,000 parts per the water (Chippindale et al. 1993a,b). salamander have been found million (ppm)) in the aquifer, but greater Following reports of a fish kill on (Chippindale et al. 1993a,b; Russell, in than this to the east); the Colorado River September 28, 1992, which was litt. 1995; Russell 1996; Hillis; Andy to the north; the geologic divide attributed to the improper application of Price, Texas Parks and Wildlife between contiguous Edwards limestones chlorine to clean Barton Springs Pool, Department; Sweet; pers. comms., 1993; overlying the aquifer and the Glen Rose only 10 to 11 salamanders were Hansen, in litt. 1995a). No other species limestones to the west (Slade et al. 1985, observed and could only be found in an of Eurycea is known to occur in this 1986); and a groundwater divide area of about 5 sq. m (54 sq. ft) in the portion of the aquifer. Although the occurring roughly between the Onion immediate vicinity of the Parthenia extent to which the Barton Springs Creek and Blanco River watersheds to Spring outflows (Chippindale et al. salamander occurs in the aquifer is the south. The area south of the 1993a,b). At least 80 individuals were unknown, it is likely concentrated near southern boundary is known as the San observed during the first comprehensive the spring openings where light is Antonio segment of the Edwards aquifer survey effort conducted in Barton available for photosynthesis and food and drains toward San Marcos Springs. Springs Pool on November 16, 1992, supplies are abundant, water chemistry Significant groundwater movement from and about 150 individuals were seen on and temperatures are relatively the San Antonio segment northward to November 24, 1992 (Chippindale et al. constant, and where the salamander has the Barton Springs segment is believed 1993a,b). A comprehensive survey immediate access to both surface and to occur only during extreme drought conducted immediately following an subsurface habitats. Barton Springs is conditions. North of the southern October 1994 flood event found a total also the main discharge point for the boundary, water in the aquifer moves of 16 salamanders. A total of 10 entire Barton Springs segment, and is toward Barton Springs (Slade et al. salamanders were counted in March one of the few perennial springs in the 1985, 1986; Stein 1995). Transmissivity 1995 (Hansen, in litt. 1995c). area. (the rate at which groundwater is The City of Austin initiated monthly The Barton Springs salamander’s diet transmitted through the aquifer) values transect surveys in June 1993 to provide is believed to consist almost entirely of for the Barton Springs segment have more consistent data concerning the amphipods (Hyallela azteca) and other been estimated at 0.3 to 4,000 sq. m (3 range and size of the Barton Springs small invertebrates (James Reddell, to 47,000 sq. ft) per day and tend to salamander population in Barton Texas Memorial Museum, University of increase as one moves northward Springs Pool. Survey counts ranged Texas at Austin, pers. comm., 1993; toward the springs (Slade et al. 1985, from 1 to 27 individuals (mean=13) Hillis and Chippindale 1992; 1986). between July 1993 and March 1995. The Chippindale et al. 1993a,b). Primary Barton Springs drains about 391 sq. highest survey counts (27 individuals) predators of the Barton Springs km (151 sq. mi) of the Barton Springs were reported in November 1993 and salamander are believed to be fish and segment. The remaining 10 sq. km (4 sq. May 1994. The lowest counts (ranging crayfish (Chippindale et al. 1993a,b; mi) discharge at Cold and Deep Eddy from 1 to 6 individuals) occurred during Collett, Hansen, and Scoggins, pers. springs and are believed to be a five-month period following the comms., 1995). Observations of larvae hydrologically distinct from the area October 1994 flood event (Hansen, in and females with eggs indicate breeding discharging from Barton Springs. Cold litt. 1995c). Survey counts between occurs year-round (Chippindale, pers. and Deep Eddy springs are recharged by April 1995 and April 1996 ranged from comm., 1993; Collett, Hansen, and Dry Creek and a portion of Barton Creek. 3 to 45 salamanders (City of Austin, Scoggins, pers. comms., 1994–1995). About 96 percent of all springflow from unpubl. data). The Barton Springs salamander’s eggs the aquifer discharges through Barton The salamander was first observed at are white (Lynn Ables and Streett Coale, Springs. The remaining 4 percent exits Sunken Garden Springs on January 12, Dallas Aquarium; Jim Dwyer, Midwest through intermittent springs. These 1993 (Chippindale et al. 1993b). Less Science Center; pers. comms., 1996) and intermittent springs flow only about 30 46610 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules percent of the time and discharge up to Owing to the amount of recharge highly insoluble and mobile in water 170 liters per second (l/s) (6 cubic feet contributed by Barton Creek and its and may not adsorb onto karst per second (cfs)). The long-term mean proximity to Barton Springs, this creek substrates (TWC 1989). discharge from Barton Springs is about has a greater impact on the water quality Because of the characteristics of karst 1,415 l/s (50 cfs), ranging from 283 l/s at the springs than any other recharge aquifers, Barton Springs is believed to (10 cfs) to 4,700 l/s (166 cfs) (Andrews source in the Barton Springs segment be heavily influenced by the quality and et al. 1984; Slade et al. 1985, 1986). The (Slade et al. 1985, 1986). Although some quantity of runoff, particularly in the mean water temperature is 20°C (68°F) development has occurred along Barton recharge zone (City of Austin 1991, (Martyn-Baker et al. 1992). Depending Creek near Barton Springs, these waters Slade et al. 1986). Thus, increasing on flow conditions and whether the are diluted by recharge waters from urban development over the area pool is full or drained, about 55 to 82 more rural watersheds, such as Onion supplying recharge waters to the Barton percent of the total springflow from Creek. Although farthest from the Springs segment can threaten water Barton Springs exits the main springs springs, Onion Creek provides a quality within the aquifer. The Texas into Barton Springs Pool (Slade et al. significant amount of recharge and thus Water Commission (now known as the 1986). makes an important contribution to the Texas Natural Resource Conservation The Barton Springs segment is water quality at Barton Springs Commission (TNRCC)) identified the divided into the recharge and artesian (Andrews et al. 1984; Slade et al. 1985, Edwards Aquifer as being one of the zones. The recharge zone is that portion 1986). most sensitive aquifers in Texas to of the aquifer where Edwards The Edwards Aquifer is a ‘‘karst’’ groundwater pollution (TWC 1989; Hart, limestones are exposed at the surface, aquifer, characterized by subsurface in litt., 1991; TNRCC 1994). and covers the western 79 percent features such as caves, sinkholes, and Previous Federal Action (about 233 sq. km (90 sq. mi)) of the other conduits. The aquifer is made up aquifer. The artesian zone is confined by of limestones that have high localized The Barton Springs salamander was a an impermeable layer of Del Rio clay permeability and porosity. Dissolution Category 2 candidate species on the and covers the eastern 21 percent of the of calcium carbonate along faults and Service’s candidate notices of review aquifer. About 85 percent of all recharge fractures in the bedrock forms solution from December 30, 1982 (47 FR 58454; is through sinkholes, fractures, and channels similar to an underground September 18, 1985: 50 FR 37958; other openings in the beds of six major network of pipes. Since these subsurface January 6, 1989: 54 FR 554; and creeks that cross the recharge zone, ‘‘pipes’’ are not uniformly distributed, November 21, 1991: 56 FR 58804) until including (from north to south) Barton, groundwater movement in the aquifer is publication of the proposed rule to list Williamson, Slaughter, Bear, Little Bear, highly variable, being rapid in areas the species as endangered (59 FR 7968). and Onion creeks. The remaining 15 where the ‘‘pipes’’ are large and Dr. Mark Kirkpatrick and Ms. Barbara percent of recharge is through extensive, and slow where permeability Mahler petitioned the Service to list the tributaries and direct infiltration and porosity are low. Barton Springs salamander on January between the creeks (Andrews et al. The potential of the Edwards Aquifer 22, 1992, and on December 11, 1992 (57 1984; Slade et al. 1985, 1986). and other karst aquifers to rapidly FR 58779), the Service published a The watersheds of the six creeks transmit large volumes of water with notice in the Federal Register that the upstream (west) of the recharge zone little filtration makes them highly petitioner presented substantial span about 684 sq. km (264 sq. mi). This susceptible to pollution (Slade et al. information that the requested action area is referred to as the contributing 1986; Texas Water Commission (TWC) may be warranted. A proposed rule to zone and includes portions of Travis, 1989; Environmental Protection Agency list the Barton Springs salamander was Hays, and Blanco counties. The recharge (EPA) 1990; City of Austin 1991; published in the Federal Register on and contributing zones (hereafter Margaret Hart, TWC, in litt. 1991; Ford February 17, 1994 (59 FR 7968). The referred to collectively as the ‘‘Barton and Williams 1994; Notenboom et al. Service held a public hearing on June Springs watershed’’) make up the total 1994). Major potential sources of 16, 1994, in Austin, Texas (59 FR area that provides water to the aquifer, groundwater contamination have been 27257). On March 10, 1995, the Service which equals about 917 sq. km (354 sq. attributed to construction activities, published a notice extending the 1-year mi). Based on streamflow studies, Onion leaking underground storage tanks, deadline for final action on the Creek and Barton Creek contribute the pipelines, septic tanks, accidental spills, proposed rule until August 17, 1995, greatest percentages of total recharge to and pesticide and fertilizer use (EPA and reopened the public comment the aquifer (34 percent and 28 percent, 1990, TWC 1989). Pollutants entering period (59 FR 27257). Reasons for the 6- respectively). Williamson, Slaughter, the creeks or other recharge features month extension are provided in the Bear, and Little Bear creeks each may then be rapidly transported into the March 10, 1995, Federal Register notice. contribute 12 percent or less to total aquifer. Once in a karst aquifer, On April 10, 1995, Congress enacted recharge (Andrews et al. 1984; Slade et treatment of water-borne contaminants a moratorium prohibiting work on al. 1985, 1986). The total maximum is generally ineffective because: (1) Few listing actions (Public Law 104–6) and instantaneous recharge for the creeks materials (such as sand, gravel, and eliminated funding for the Service to has been estimated at 10,000 to 11,000 organic matter) are present to filter out conduct final listing actions. On l/s (350 to 400 cfs), above which runoff pollutants; (2) little evaporation occurs, November 27, 1995, in response to a does not infiltrate into the aquifer. which is important in eliminating lawsuit from the Save Our Springs Legal Water flowing downstream off the highly volatile organic compounds; (3) Defense Fund (Save Our Springs Legal recharge zone is runoff that has been little filtration occurs through thin karst Defense Fund, Inc., et al., v. Bruce rejected (Slade et al. 1985). soils; (4) water is transported rapidly Babbitt), a U.S. District Court Water quality is highly variable through a conduit system with little or invalidated the Service’s March 10, throughout the Barton Springs segment no filtration (EPA 1990; TWC 1989; 1995, notice of extension and ruled that and waters flowing from Barton Springs Slade et al. 1986; Ford and Williams the Service had to make a final represent a mixture of these waters 1994; Notenboom et al. 1994); and (5) determination on whether to list the originating primarily from the six some contaminants (such as nitrates and Barton Springs salamander within 14 streams crossing the recharge zone. petroleum hydrocarbons) tend to be days of the court order. The court Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46611 granted a stay pending the Service’s State will effect four general on June 9, 1994, and in the Austin appeal of the order, on the grounds that administrative actions: (1) Coordination Chronicle on June 10, 1994. the moratorium and lack of funding of conservation activities; (2) The Service received 657 written and prohibited the Service from making a implementation of the conservation oral comments, 8 videotapes, 5 final listing determination. The schedule; (3) funding of conservation petitions, and 2 resolutions from moratorium was lifted on April 26, actions; and (4) assessment of the individuals and agencies. Of the 657 1996, by means of a Presidential waiver, conservation progress. The actions comments, 524 supported the proposed at which time limited funding for listing listed above are adequate to reduce risks action, 123 opposed it, and 10 stated actions was made available through the to the salamander. But, if in the future, neither support nor opposition. Four Omnibus Budget Reconciliation Act of the adequacy is questioned, the Barton petitions totaling over 1,800 signatures 1996 (Public Law No. 104–134, 100 Stat. Springs Salamander Conservation Team and one resolution from the City of 1321, 1996). The Service published (Conservation Team) will assess such Austin supported listing, and one guidance for restarting the listing issues for follow up on conservation petition containing 29 signatures and program on May 16, 1996 (61 FR 24722). actions. one resolution from the city of Dripping Due to the potential for new information The Conservation Team was formed Springs opposed the listing. during the lapse between the under the Agreement to administer and The Service held a public hearing in reinstatement of the listing program and revise the Agreement as needed, based two sessions on June 16, 1994, at the the close of the last comment period on new biological information on the Lyndon Baines Johnson Auditorium at (May 17, 1995), the Service reopened species. Such information will include the University of Texas at Austin. Over the public comment period on June 24, the results of a TPWD-sponsored 160 people attended the public hearing, 1996, for 30 days. That comment period population and habitat study, which and 74 individuals provided oral closed July 10, 1996, by U.S. District may lead to a population viability and testimony. Court order. habitat analysis (PVHA) workshop. The Written and oral comments are Conservation Team will coordinate incorporated into this withdrawal notice Development of Conservation conservation activities and monitor where appropriate. Most of the Agreement conservation actions taken by the comments were directly related to Following the Service’s decision to signatories of the Agreement. The listing the salamander as endangered. propose the species for listing as Service understands that the Many of the comments supporting endangered, the City of Austin and the Conservation Team will review the listing provided substantive factual Texas Parks and Wildlife Department current and proposed regulatory information that documented risks to (TPWD) formed the Aquatic Biological programs that contribute to conserving the Barton Springs salamander. Those Assessment Team (ABAT) to conduct the Barton Springs salamander, its comments were considered, and listing independent peer review of the listing habitat and the ecosystem, the Barton appeared warranted prior to the signing proposal and to address salamander Springs segment of the Edwards of the Agreement. Conversely, issues. The ABAT concluded that Aquifer. substantive comments opposing listing important information gaps exist that The Service believes that the generally discussed the adequacy of prevent a conclusive scientific Agreement ensures the implementation existing regulatory mechanisms then in assessment regarding the biology of the of conservation measures that will place to protect the salamander. Since salamander. The ABAT also noted that reduce the threats to the salamander to development of the Agreement, both short-term and long-term threats to the point that it does not warrant listing. commitment to conservation of the the viability of the species exist. On The Service therefore withdraws the species has been insured, rendering September 20, 1995, the ABAT issued a proposal to list the Barton Springs most of the comments on this action report detailing its recommendations for salamander as endangered. moot, outdated, or otherwise irrelevant further study of the Barton Springs Public Comments on the Proposed Rule to this withdrawal notice. The Service salamander so that improved scientific carefully considered all comments understanding could lead to the In the February 17, 1994, proposed submitted relevant to the decision to development of factually based rule (59 FR 7968) and associated withdraw the proposed listing. conservation measures for the species. Federal Register notices, including Comments submitted are available for Those recommendations led to the notification of a public hearing (59 FR review at the Service’s Austin ‘‘Barton Springs Salamander 27257) and each of the five comment Ecological Services Office (see Conservation Agreement and Strategy’’ periods (February 17 to April 18, 1994 ADDRESSES). (Agreement) signed by the State (59 FR 7968); May 26 to July 1, 1994 (47 agencies on August 13, 1996. FR 13105); July 8 to July 29, 1994 (59 Summary of Factors Affecting the In order to meet the objectives of the FR 35089); March 10 to May 17, 1995 Species Agreement, agencies of the State of (47 FR 13105); and June 24 to July 10, The Service must consider five factors Texas will implement five conservation 1996 (61 FR 32414)), all interested described in section 4(a)(1) of the Act actions. These actions are: (1) parties were requested to submit factual when determining whether to list a Enforcement and monitoring of reports or information to be considered species. These factors, and their compliance with existing regulations in making a final listing determination. application to the Service’s decision to and adoption, implementation, and Appropriate Federal and State agencies, withdraw the proposal to list the Barton enforcement of currently proposed local governments, scientific Springs salamander, are as follows: regulations; (2) prevention of organizations, and other interested A. The present or threatened catastrophic contaminant releases into parties were contacted and asked to destruction, modification, or the spring waters; (3) prevention of comment. Legal notices of the public curtailment of its habitat or range. The degradation of the springhead habitat; hearing which invited general public primary risks to the Barton Springs (4) establishment of a captive breeding comment were published in the salamander and its habitat, which the program; and (5) development of a Dripping Springs Century News and Service identified in its proposal to list better biological understanding of the Austin-American Statesman on June 8, the species (59 FR 7968), are salamander population. In addition, the 1994, in the Drippings Springs Dispatch degradation of water quality and 46612 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules quantity resulting from urban expansion for State and local agencies and private salamander are believed to be predatory over the Barton Springs watershed development compliance in the fish and crayfish; however, no (including roadway, residential, protection and conservation of Barton information exists to indicate that commercial, and industrial Springs, the Barton Springs segment of predation poses a major threat to this development). The Service identified the Edwards Aquifer, and the recharge species. cumulative degradation, catastrophic zone and contributing streams and D. The inadequacy of existing spills (such as hazardous materials), and watersheds; serve as the responsible regulatory mechanisms. The increased water withdrawals from the State agency for ensuring water quality conservation and recovery of this aquifer (compounded by drought) as compliance and monitoring; and serve species is tied to the protection of water factors contributing to declining water as the responsible State agency for quality and quantity through regulatory quality and quantity in the portion of coordinating State/regional/local mechanisms for Barton Springs, the the Edwards Aquifer upon which the response and remediation on hazardous Barton Creek watershed, and the Barton species depends. Other concerns materials spills and contingency plans Springs segment of the Edwards identified by the Service are potential and operations. Commitments by The Aquifer. The Service evaluated existing impacts to the salamander’s surface Texas Department of Transportation State and local regulatory mechanisms habitat in Barton Springs pool caused by (TxDOT) include: serve as the and BMPs prior to preparing the pool maintenance and cleaning responsible State agency for ensuring proposed rule for listing the species. activities. that all transportation projects over the The Service found evidence of The Agreement includes a State recharge zone are developed with BMPs inadequacy of existing regulatory commitment to implement specific that will minimize or prevent the mechanisms in 1994 and published the conservation measures to protect the degradation of recharging waters to proposed rule with information on this salamander, its habitat and the Barton Springs; serve as responsible factor. Several commentors, including ecosystem, the Barton Springs segment State agency for the design, construction the State of Texas, presented of the Edwards Aquifer. The Agreement and maintenance of permanent information on the issue of existing addresses these risks to the Barton structural controls (e.g., hazardous regulatory programs. The Service Springs salamander through a materials traps, detention ponds, reopened the comment period on June combination of measures. They are: (1) filtration basins, etc.) on transportation 24, 1996, in part due to the potential for Revision, adoption, and implementation projects over the recharge zone; serve as new information on proposed regulatory of regulations to protect water quality in the responsible State agency for protection under State authorities and the Barton Springs watershed and the ensuring that transportation projects are disagreement concerning data on Barton Springs segment of the Edwards constructed in a manner to minimize existing regulatory mechanisms that Aquifer from degradation; (2) water quality impacts in accordance would conserve the species. The State of development and implementation of with State law and regulations; and Texas developed the Agreement Best Management Practices (BMPs) to work with TPWD on conservation issues specifically to implement conservation address point source contaminants; (3) related to transportation activities in measures using existing and proposed refinement and enforcement of storage accordance with the Memorandum of regulatory mechanisms in a and disposal of hazardous waste Understanding between the two State comprehensive program for the protocols; (4) increased commitment to agencies. The Service is responsible for: conservation of the Barton Springs compliance enforcement, monitoring, serving on the Conservation Team and salamander. and reporting; and (5) development of providing technical assistance to all The Service recognizes that the local management plans to prevent State agencies, regional and local Agreement reduces the threats to the degradation of surface and springhead agencies and cooperators; and providing salamander. The Agreement addresses habitat. technical input to State, regional and the issue of reducing threats by charging The Agreement includes specific local agencies and cooperating interests the Conservation Team to review the responsibilities to be implemented concerning the conservation of the adequacy of those regulatory immediately and in Fiscal Year 1997 by salamander. mechanisms, rules, regulations, and the lead State agencies. Those The Agreement includes measures to State agency policies for conserving the responsibilities for the TPWD include: address potential water quantity species and its habitat. This review will provide the team leader for the concerns and to minimize chances of a ensure that revisions or changes will be Conservation Team (formed in the catastrophic event, however the developed cooperatively and Agreement); assist the City of Austin in Agreement establishes captive refugia to implemented expeditiously through Barton Springs pool maintenance; assist prevent extinction in case of State government mechanisms to other State and local agencies in catastrophic or chronic events. The conserve the salamander and its evaluating existing and proposed Barton Springs salamander is still ecosystem. As team leader, TPWD is conservation actions that benefit the considered rare and potentially charged with ensuring that these Barton Springs salamander; sponsor a vulnerable; however, the commitment conservation measures are salamander population and habitat by the State of Texas to implement the implemented. The Service serves on the study and follow up on a population cooperative Agreement reduces the team, but if the team’s recommendations viability and habitat analysis (PVHA) imminence and severity of threats to the to State agencies are not implemented, workshop; serve as the responsible State species so that listing is no longer the Service may withdraw from the agency for protection and conservation considered warranted. Agreement and will consider the use of of the salamander and its unique B. Overutilization for commercial, the full range of its listing authority, ecosystem; serve as the responsible recreational, scientific, or educational including emergency listing, to protect State agency for enforcement of the Act; purposes. No threat from overutilization the species. and serve as the responsible lead for of this species is known at this time. The signatories of the Agreement are establishing a captive breeding/ C. Disease or predation. The Service those agencies with the responsibility, refugium program. The responsibilities is not aware of diseases or parasites of authority, and funding mechanisms to of the TNRCC include: evaluate existing the Barton Springs salamander. Primary implement the provisions of the and proposed water quality regulations predators of the Barton Springs Agreement. The signatories include the Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46613

TPWD, the TNRCC, the TXDOT, and the salamander of the anti-degradation and re-propose the salamander for Service. Other parties may be included policy exception (important economic listing. as additional measures are added to the or social development) that could lead The TNRCC proposed a new Edwards Agreement. The Agreement follows the to degradation of the salamander’s Aquifer rule as a new chapter 213 to recommendations presented by the habitat. The policy exception would streamline and consolidate the existing ABAT report (1995), using an ecosystem require careful assessment and chapter 313 Edwards Aquifer rule, approach to conserve the Barton Springs recommended action to alleviate the which are also expected to be adopted salamander population by maintaining threat to the salamander, its habitat and in October, 1996. The proposed rule the high quality spring ecosystem the ecosystem, the Barton Springs would also update the current day-to- within which the salamander exists. segment of the Edwards Aquifer. If the day operations of the agency relating to The Agreement focuses on two Conservation Team’s recommended the protection of the water quality of the objectives. The main objective is to action is not implemented, the Service Edwards Aquifer and make the eliminate or significantly reduce the may withdraw from the Agreement and administration of the Edwards Aquifer threats to the species. This includes will consider the use of the full range of Protection Program more efficient and eliminating risk of catastrophic events. its listing authority, including effective. The proposed rule also In case this does not work, the emergency listing, to protect the species. provides: new or revised definitions for Agreement establishes a captive The TNRCC’s rules seek to maintain regulated activity, BMP, aboveground breeding/refugium program in order to and protect the water quality standards and underground storage tank facilities, avoid extinction of the species should and related aquatic life uses designated commencement of construction, any potential threats actually cause the for the Barton Creek watershed. The geologic or manmade feature, sensitive species to disappear in the wild. These regulation of point discharges and feature, and site. The rule consolidates objectives will be reached through effluent on and upstream of the recharge into one section the requirement for implementation of the Agreement for zone (section 313.6), as well as the filing and processing an Edwards the species. design, installation, and removal of Aquifer protection plan, details how the The TNRCC has implemented a petroleum storage tanks (PSTs) (sections plan will be processed by the agency; comprehensive water quality protection 313.10 and 313.11) and on-site sewage prohibits the commencement of program for the Edwards Aquifer and systems (section 285.9) are the most construction of any regulated activity related surface waters. This program stringent in the State and are until a plan has been approved by the covers the Barton Springs segment of summarized in the TNRCC’s July 1, agency; and provides that the term of the Edwards Aquifer that yields flow to 1996, memo entitled ‘‘Protecting Water approval of a plan will expire two years Barton Springs and provides the most Quality in the Edwards Aquifer.’’ No after the initial issuance unless stringent groundwater quality protection new or increased discharges are allowed commencement of construction has measures in the State. in the recharge zone. Additionally, no occurred. The rule also consolidates the The Federal Clean Water Act and the confined animal operations may be description of activities that require an Environmental Protection Agency’s located in the recharge zone (section Edwards Aquifer protection plan, the (EPA) rules require each State to 313.10). contents of various plans, notification develop and implement an anti- In addition to the more broadly and inspection requirements, and degradation policy, as a part of its water applicable chapter 313 TNRCC’s rules, exemptions from submitting a plan. quality standards (40 CFR 131.6). Such for which revisions are currently Five new requirements for the standards, including the anti- proposed, under State Senate Bill 1017 technical report submitted as part of an degradation policy, must be approved (codified as section 26.179, Texas Water Edwards Aquifer protection plan are by the EPA. The TNRCC’s policy, which Code), special water quality protection proposed under the new rule in chapter has been approved by EPA, is contained plans are being developed and 213. The report must include a in 30 TAC 307.5 and adopts the implemented in the Barton Creek description of measures to be taken to language used by the EPA in its anti- watershed within the contributing zone avoid or minimize instream erosion degradation policy (40 CFR 131.12). of the Edwards Aquifer. This legislation from water flowing off the site. The Tier II Anti-degradation Policy applies to property of 200 hectares (500 Measures that would decrease instream contained in section 307.5 of the acres) or more within the City of erosion will protect water quality. The TNRCC’s rules is currently applicable to Austin’s extraterritorial jurisdiction report must include a description of the the Barton Creek watershed. This policy where a designated water quality BMPs and measures that will be taken provides that no activities subject to protection zone and a water quality to prevent pollutants from entering the regulatory action which would cause protection plan are subject to review aquifer while, to the extent practicable, degradation of waters which exceed and approval by the TNRCC. The maintaining flow to sensitive features fishable/swimmable quality will be legislation provides a non-degradation identified in either the assessment of allowed, unless it can be shown that the water quality goal by providing that area geology or during excavation, lowering of the water quality is development on the property may not blasting, or construction. The report necessary for important economic or result in exceeding background water must include a plan for inspection of social development. Degradation is quality. The quality of runoff water BMPs and measures and their defined as a lowering of water quality must be comparable to those levels that maintenance and repair. The existing beyond a de minimus extent, to the existed prior to new development. rule requires measures to prevent extent that an existing use is impaired. Proposed rules under 30 TAC chapter pollution of stormwater flowing onto Fishable/swimmable waters are waters 216 (relating to Water Quality Protection and off a site. The submission of this which have quality sufficient to support Zones) that implement this legislation plan will formalize maintenance and propagation of indigenous fish, shellfish were published in the Texas Register on repair as part of an Edwards Aquifer and wildlife, as well as recreation in April 14, 1996, for public comment. protection plan. The requirement for a and on the water. Water quality Adoption of these rules by the TNRCC downgradient assessment of area sufficient to protect existing uses is to is expected in October 1996. If not geology has been changed from one mile be maintained. The Conservation Team adopted in a timely manner, the Service to one-half mile. A geological will assess the potential impact to the would withdraw from the Agreement assessment will be performed 15 m (50 46614 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules feet) on either side of the path of a up inspections. Almost all non- for catastrophic spills from a highway proposed sewer line, allowing for pre- compliances (typically failure to over the recharge zone is a major risk to planning to address sensitive features. properly maintain a BMP such as a the species. In order to eliminate the The rule prohibits construction on sediment control fence or other risk, the TNRCC works with the TxDOT either the recharge or transition zone of structure) were remedied immediately to address both potential contamination new municipal solid waste landfill during these inspections. The remainder issues surrounding the construction of activities and restricts further the were remedied after receipt of a ‘‘Notice highways and the placement of construction and use of underground of Violation’’ letter. In only one instance hazardous materials traps (HMTs) to and aboveground storage tanks and during Fiscal Year 1996 was it necessary capture accidental spills resulting from facilities. for the field staff to refer a violation for accidents. Prior to commencement of formal enforcement in order to achieve The U.S. Department of construction, a developer of a project on compliance. Transportation (USDOT) regulates the the Edwards Aquifer recharge zone must Statewide rules for the protection of transportation of hazardous materials. submit a Water Pollution Abatement water quality have been applied to the The requirements for driver training, Plan (WPAP) to the TNRCC for review Barton Springs area since their shipping papers, insurance, placarding and approval. The developer must inception. This includes requirements and container integrity and labeling are propose in the plan measures and for PSTs, spill response and established by the USDOT pursuant to practices that will prevent pollution of remediation, hazardous waste control, the Hazardous Materials Uniform stormwater entering the site, on-site, and point and non-point source Transportation Safety Act. The TNRCC and leaving the site. Pollution is defined pollution prevention programs. The imposes additional regulations on the in the rule as the alteration of the Edwards Aquifer rules contained in transportation of hazardous wastes, physical, chemical or biological quality chapter 313 were extended to Travis which call for tracking of shipments to of, or the contamination of, any water in County beginning in 1990. Chapter 313 ensure that they reach their intended the State that renders the water harmful, provides that if construction on a destination. The Texas Department of detrimental or injurious to humans, project has not commenced within two Public Safety provides enforcement of animal life, vegetation or property, or to years of application approval, a new both the USDOT and TNRCC transporter public health, safety or welfare, or application must be submitted for regulations. impairs the usefulness of the public review and approval. However, rules in The TxDOT began implementing enjoyment of the waters for any lawful effect at the time of resubmission of the stormwater runoff controls on projects or reasonable purpose. The plans must initial application shall apply to the over the Barton Springs segment of the meet this performance goal of water new application. Edwards Aquifer recharge zone in 1991. quality protection. Under the proposed Pursuant to the TNRCC’s authority to These controls include facilities to new rule in chapter 213, BMPs must be protect the water quality of the Edwards capture spills of hazardous material included and implemented as part of Aquifer, the TNRCC’s rules contained in occurring on roadways that contribute the WPAP. section 313.4(b)(4)(D) provide that a runoff to creeks and streams in the The TNRCC is responsible for water pollution abatement plan must recharge zone. To date, the TxDOT has compliance monitoring of water contain a description of the measures constructed 44 HMTs at a cost of over pollution abatement plans for the Barton that will be taken to prevent pollutants $15 million at outfalls over the recharge Creek watershed. The TNRCC’s staff from entering recharge features ‘‘while zone on three major projects: Loop 1, perform pre-construction onsite maintaining or enhancing the quantity State Highway (SH) 45, and U.S. inspections prior to approval of WPAPs. of water entering the recharge Highway 290. These outfalls discharge This includes inspection to verify that features. * * *’’ This language is also to the watersheds of Slaughter, all recharge features have been contained in the proposed amendments Williamson, and Barton creeks, all of identified on the site. The TNRCC’s staff to these rules and more clearly states which contribute to the recharge of the conduct a follow-up inspection for each that the sealing of a recharge feature Barton Springs segment of the Edwards site during construction to ensure that may not be an acceptable measure to Aquifer. All new and retrofit TxDOT all pollution prevention measures are in prevent contaminants from entering the project plans incorporate stormwater place, maintained properly and working aquifer unless there is no reasonable, runoff controls and HMTs where needed as required. A reporting requirement in practicable alternative. for water quality protection. all approved plans is the immediate The Edwards Aquifer/Barton Springs The HMT is a concrete-lined basin notification by the permittee to the Conservation District controls the located at the end of the storm drainage TNRCC of any previously unidentified withdrawal and use of the Barton system just prior to discharging to the recharge feature discovered during Springs segment of the Edwards natural drainageway. The HMT is construction. If such a feature is found, Aquifer. The District’s rules require designed to hold 38,000 l (10,000 construction must stop until the users to implement water conservation gallons), the capacity of a large tanker TNRCC’s staff can inspect the feature measures and mandate reduction truck. The HMTs operate as stand-alone and approve the proposed measures to measures during a drought. When fully structures or work in combination with prevent pollution from entering the implemented, the District’s drought other stormwater runoff controls such as feature. The TNRCC conducts contingency plan is set up to prevent detention ponds or filtration basins. inspections before, during, and after the aquifer from dropping below Routine maintenance procedures for construction of all TxDOT road and historically low levels and thus HMTs include regular inspections by highway projects as well as commercial conserve springflow at Barton Springs. TxDOT personnel. The HMTs are developments. The TNRCC also inspects Full implementation of spill inspected at least monthly and/or after any non-State road development project contingency plans and hazardous each rainfall event. Based on these (e.g., city) to ensure that water quality materials storage, transportation, and inspections, the HMTs are cleaned, protection under permitted WPAPs is use during construction is a key drained or otherwise repaired as enforced. During Fiscal Year 1996, component of protection of the waters necessary. TNRCC Austin field staff conducted 182 supporting Barton Springs and the The TNRCC is authorized by statute to initial site assessments and 289 follow- salamander. In particular, the potential conduct emergency spill response and Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules 46615 cleanup activities statewide pursuant to wells and disposal are also prohibited in prolonged drought or contamination section 26.264 of the Texas Water Code. the transition zone. events. Surveys will be conducted at all This includes spills occurring on the The Barton Springs pool is an on- three springs. The TPWD will sponsor a recharge zone, within the transition channel impoundment on Barton Creek Barton Springs salamander PVHA zone and in the contributing watershed and constitutes a State water under the workshop based upon these studies and of the Edwards Aquifer. The TNRCC is TNRCC’s water quality rules and other information concerning the the lead State agency for response to all statutes. Any pool maintenance activity salamander. hazardous substance spills into State carried out by the City of Austin must By protecting the water quality and waters. The TNRCC works with State, have prior TNRCC review and approval. quantity at Barton Springs and in the regional and local entities to carry out The TPWD and the Service have been Barton Springs segment of the Edwards a comprehensive, coordinated plan that working with the City to develop and Aquifer, the involved agencies will can be implemented in the event of a implement BMPs for Barton Springs reduce the threats to the species to the crisis. The TNRCC works closely with pool maintenance. The City of Austin is point that it does not warrant listing. the TxDOT by implementing a continuing to review and revise as The Service will closely monitor the contractual agreement (statute necessary its pool maintenance implementation of the Agreement and, requirement) whereby personnel, practices in order to protect the if the Agreement is not accomplishing equipment and materials under TxDOT salamander and its habitat while its purpose the Service will consider the control may be diverted and utilized for considering human recreational needs. use of the full range of its listing spill and discharge cleanup. The The maintenance plan is designed to authority, including emergency listing, TNRCC works closely with the Edwards avoid impacting the salamander and to protect the species. Aquifer/Barton Springs Conservation maintain the highest possible level of E. Other natural or manmade factors District in spill response and cleanup water quality. The TPWD will work affecting its continued existence. The planning and action for the Barton with the City of Austin to continue to very restricted range of the Barton Springs segment of the Edwards improve the BMPs for the Barton Springs salamander makes this species Aquifer. The TNRCC, the District and Springs pool. The Service believes that especially vulnerable to acute and/or the TxDOT conduct joint training current pool maintenance BMPs are cumulative groundwater contamination. exercises to respond to simulated spills. sufficient to reduce threats to the As described above, the threat to the The TNRCC works with local fire salamander. salamander due to limited distribution, departments and county emergency The Baron Spring salamander’s along with catastrophic spills and services districts to develop and limited geographic distribution, small drought-related effects on the implement spill response plans, such as population size, and presumed delayed salamander through groundwater use of in the Barton Creek watershed with the reproductive strategy contribute to the the Barton Springs segment of the Oak Hill Fire Department and Travis recommendation for a captive breeding Edwards Aquifer are factors that are County Services District Number 3. program for the species. Such a program addressed in the Agreement. The The TNRCC prohibits the storage of may prevent extinction of the species signatories of the Agreement will hazardous materials and waste in the should any of the potential threats conduct a salamander population and recharge zone of the Edwards Aquifer. previously described cause the habitat study, including sponsoring a Hazardous waste storage facilities, salamander to disappear at Barton PVHA workshop; develop a captive waster piles or landfills containing Springs. Small breeding populations are breeding/refugium program; and work hazardous waste may not be located in currently maintained at the Dallas with other agencies, local water the recharge zone of the Edwards Aquarium and at the Midwest Science conservation districts, local Aquifer unless secondary containment Center of the National Biological Service communities and private landowners to is provided to preclude migration to in Columbia, Missouri. Both of these protect water quality in the Barton groundwater from spills, leaks or captive programs will continue and Springs segment of the Edwards discharges. Approximately 70 to 80 could serve as refugia in the event of a Aquifer. percent of the recharge to the Edwards catastrophe. The Agreement commits to Finding and Withdrawal Aquifer comes from surface streams. a third more local captive breeding/ Protection of water quality is provided refugium program, to be established The Barton Springs salamander is in these affected riparian areas in the when sufficient founding stock are known only from the immediate vicinity recharge zone as well as in the available. Local facilities may be of the three spring outlets that are contributory watershed. available at either the national fish collectively known as Barton Springs in Wetlands are a major contributor of center at San Marcos, Texas, or the Zilker Park, Austin, Travis County, surface water to groundwater recharge TPWD fish hatchery in San Marcos. Texas. The waters at Barton Springs and serve a vital water quality The Service believes that the actions originate from a 920 sq. km (354 sq. protection function. They trap noted above are sufficient to reduce the mile) area, which consists of the sediments, filter contaminants, and help risks to the salamander. But uncertainty recharge zone of the Barton Springs prevent flooding and increased soil exists on the biological information on segment of the Edwards Aquifer and its erosion. The State regulates the location the species. Therefore, the Agreement contributing zone. The Barton Springs of hazardous material storage facilities makes the TPWD responsible for segment is a designated sole source of in wetlands. Protected wetlands include providing population monitoring water for over 35,000 people in a three- those that may provide recharge to the studies for the Barton Springs county area. The Barton Springs Barton Springs segment of the Edwards salamander . These studies will include watershed occurs in Blanco, Hays and Aquifer and serve a water quality surveys of population numbers and Travis counties. protection function for the aquifer and observations on distribution, body sizes, The proposed rule identified related springs. Transition zones, areas stages of development, and habitat. degradation of water quality and of downgradient of the recharge zone Surveys will include times immediately quantity of Barton Springs, resulting but where faults and fractures may following storm events, during periods from urban expansion over the Barton occur, provide additional recharge to of low spring flow, and during recovery Springs watershed, as the primary threat the Edwards Aquifer. Waster disposal periods from abnormal events such as to the Barton Springs salamander. 46616 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Proposed Rules

Reasons for this degradation were listed of the Agreement is to conserve the reduced. By protecting water quality at as: chronic degradation, catastrophic Barton Springs salamander by Barton Springs and in the Barton spills, and increasing water withdrawals protecting the high quality spring Springs segment of the Edwards Aquifer from the Barton Springs segment of the ecosystem within which the salamander and conserving water quantity, this Edwards Aquifer. Following the exists. Agreement reduces the threats to the Service’s publication of the proposed The agreement focuses on two species to the point that the Service no rule, the City of Austin and the TPWD objectives. The primary objective is to longer believes the species warrants initiated an effort to develop an eliminate or significantly reduce the listing. The Service will closely monitor independent peer review process to threats to the species and to minimize the implementation of the Agreement address salamander issues. The chances of a catastrophic event. The and, if the Agreement is not resulting Aquatic Biological Assessment Agreement establish a captive breeding/ accomplishing its purpose, the Service Team (ABAT) concluded that both refugium program in order to avoid may list the salamander on an short-term and long-term threats to the extinction of the species should any emergency basis if appropriate and re- viability of the salamander exist. The potential threats cause the species to propose it for permanent listing. ABAT concluded that important disappear in the wild. These objectives After a thorough review and information gaps exist that prevent a will be reached through implementing consideration of all information conclusive scientific assessment the five management actions: (1) Enforce available, including the development regarding the biology of the salamander. and monitor compliance with existing and implementation of the Agreement, The ABAT report included conservation regulations and adopt, implement, and the Service has determined that listing recommendations that emphasize an enforce currently proposed regulations the Barton Springs salamander as ecosystem approach to conservation and to protect the Barton Springs recharge endangered or threatened is no longer recovery of the Barton Springs zone; (2) prevent catastrophic warranted. The Service has carefully salamander. Through its signatory contaminant releases into spring waters; assessed the best scientific and agencies, the state of Texas developed (3) prevent degradation of springhead commercial information available in the the ‘‘Barton Springs Salamander habitat; (4) establish a captive breeding/ development of this withdrawal notice. Conservation Agreement and Strategy’’ refugium program; and (5) study the References Cited (Agreement) to expedite conservation salamander population. In addition, measures recommended by the ABAT. four administrative actions will be A complete list of all references cited The signatory State agencies have implemented: (1) Coordinate herein is available upon request from committed to implement those conservation activities; (2) implement the Austin Ecological Services Field conservation measures using existing the conservation schedule; (3) fund Office (see ADDRESSES section). and proposed regulatory mechanisms in conservation actions; and (4) assess Author a comprehensive program for the conservation progress. The Agreement The primary author of this proposed conservation of the salamander. establishes the Conservation Team to rule is Steve Helfert, Austin Ecological One function of the implemented ensure that the coordination and Services Field Office (see ADDRESSES Agreement is for the Barton Springs assessment roles are carried out under section). Salamander Conservation Team the team leadership of the TPWD. The (Conservation Team) to review the Agreement will provide for conservation AUTHORITY: The authority for this action is adequacy of those regulatory and recovery of the Barton Springs section 4(b)(6)(B)(ii) of the Endangered mechanisms, rules, regulations, and salamander by establishing a framework Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) State agency policies to ensure that for interagency cooperation, State and revisions or changes can be developed local community leadership, and Dated: August 28, 1996. cooperatively and implemented coordination on conservation efforts, John G. Rogers, expeditiously through State setting recovery priorities, and assessing Director, Fish and Wildlife Service. responsibility for conservation of the existing, proposed and future regulatory [FR Doc. 96–22503 Filed 9–3–96; 8:45 am] salamander and its ecosystem. The goal programs to ensure that the threats are BILLING CODE 4310±55±P 46617

Notices Federal Register Vol. 61, No. 172

Wednesday, September 4, 1996

This section of the FEDERAL REGISTER the daily price for frozen concentrated In accordance with Section 309(a) of contains documents other than rules or orange juice is less than the trigger the NAFTA Implementation Act, it has proposed rules that are applicable to the price. been determined that for the period public. Notices of hearings and investigations, committee meetings, agency decisions and For the purpose of this provision, the August 5–9, the daily price for frozen rulings, delegations of authority, filing of term ‘‘daily price’’ means the daily concentrated orange juice has exceeded petitions and applications and agency closing price of the New York Cotton the trigger price. statements of organization and functions are Exchange, or any successor as Issued at Washington, DC the 26th day of examples of documents appearing in this determined by the Secretary of August 1996. section. Agriculture (the ‘‘Exchange’’), for the Timothy J. Galvin, closest month in which contracts for frozen concentrated orange juice are Acting Administrator, Foreign Agricultural DEPARTMENT OF AGRICULTURE being traded on the Exchange. The term Service. [FR Doc. 96–22451 Filed 9–3–96; 8:45 am] Foreign Agricultural Service ‘‘business day’’ means a day in which contracts for frozen concentrated orange BILLING CODE 3410±10±M Special Provision for Frozen juice are being traded on the Exchange. Concentrated Orange Juice Under the The term ‘‘trigger price’’ means the North American Free Trade Agreement average daily closing price of the Implementation Act Exchange for the corresponding month DEPARTMENT OF COMMERCE during the previous 5-year period, AGENCY: Foreign Agricultural Service, International Trade Administration USDA. excluding the year with the highest average price for the corresponding ACTION: Notice of Determination of Antidumping or Countervailing Duty month and the year with the lowest Termination of Existence of Price Order, Finding, or Suspended average price for the corresponding Conditions Necessary for Imposition of Investigation; Opportunity To Request month. Temporary Duty on Frozen Administrative Review Concentrated Orange Juice from Mexico. Price conditions no longer exist when the Secretary determines that for a AGENCY: Import Administration, SUMMARY: Pursuant to Section 309(a) of period of 5 consecutive business days International Trade Administration, the North American Free Trade the daily price for frozen concentrated Department of Commerce. Agreement Implementation Act of 1993 orange juice has exceeded the trigger (‘‘NAFTA Implementation Act’’), this is price. Whenever the price conditions ACTION: Notice of Opportunity to a notification that for 5 consecutive are determined to exist or to cease to Request Administrative Review of business days the daily price for frozen exist the Secretary is required to Antidumping or Countervailing Duty concentrated orange juice has exceeded immediately notify the Commissioner of Order, Finding, or Suspended the trigger price. Customs of such determination. Investigation. FOR FURTHER INFORMATION CONTACT: Whenever the determination is that the Joseph Somers, Horticultural and price conditions exist and the quantity Background Tropical Products Division, Foreign of Mexican articles of frozen Agricultural Service, U.S. Department of concentrated orange juice entered Each year during the anniversary Agriculture, Washington, DC 20250– exceeds (1) 264,978,000 liters (single month of the publication of an 1000 or telephone at (202) 720–2974. strength equivalent) in any of calendar antidumping or countervailing duty SUPPLEMENTARY INFORMATION: The years 1994 through 2002, or (2) order, finding, or suspension of NAFTA Implementation Act authorizes 340,560,000 liters (single strength investigation, an interested party, as the imposition of a temporary duty equivalent) in any of calendar years defined in section 771(9) of the Tariff (snapback) for Mexican frozen 2003 through 2007, the rate of duty on Act of 1930, as amended, may request, concentrated orange juice when certain Mexican articles of frozen concentrated in accordance with section 353.22 or conditions exist. Mexican articles falling orange juice that are entered after the 355.22 of the Department of Commerce under subheading 2009.11.00 of the date on which the applicable quantity (the Department) Regulations (19 CFR Harmonized Tariff Schedule of the limitation is reached and before the date 353.22/355.22 (1993)), that the United States (HTS) are subject to the of publication in the Federal Register of Department conduct an administrative snapback duty provision. the determination that the price review of that antidumping or Under Section 309(a) of the NAFTA conditions have ceased to exist shall be countervailing duty order, finding, or the lower of—(1) the column 1—General Implementation Act, certain price suspended investigation. conditions must exist before the United rate of duty in effect for such articles on States can apply a snapback duty on July 1, 1991; or (2) the column 1— Opportunity To Request a Review: imports of Mexican frozen concentrated General rate of duty in effect on that Not later than September 30, 1996, orange juice. In addition, such imports day. For the purpose of this provision, interested parties may request must exceed specified amounts before the term ‘‘entered’’ means entered or administrative review of the following the snapback duty can be applied. The withdrawn from warehouse for orders, findings, or suspended price conditions exist when for each consumption in the customs territory of investigations, with anniversary dates in period of 5 consecutive business days the United States. September for the following periods: 46618 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

Period

Antidumping Duty Proceedings: Argentina: Silicon Metal, A±357±804 ...... 9/1/95±8/31/96 Canada: Steel Jacks, A±122±006 ...... 9/1/95±8/31/96 Canada: Steel Rail, A±122±804 ...... 9/1/95±8/31/96 Germany: Crankshafts, A±428±604 ...... 9/1/95±8/31/96 Italy: Woodwind Pads, A±475±017 ...... 9/1/95±8/31/96 Japan: Electroluminescent Flat Panel Diplays, A±588±838 ...... 9/1/93±8/31/94 9/1/94±8/31/95 9/1/95±8/31/96 Taiwan: Lug Nuts, A±583±810 ...... 9/1/95±8/31/96 The People's Republic of China: CDIW Fittings & Glands, A±570±820 ...... 9/1/95±8/31/96 The People's Republic of China: Greige Polyester Cotton Printcloth, A±570±101 ...... 9/1/95±8/31/96 The People's Republic of China: Lug Nuts, A±570±808 ...... 9/1/95±8/31/96 The United Kingdom: Crankshafts, A±412±602 ...... 9/1/95±8/31/96 Countervailing Duty Proceedings: Canada: New Steel Rail, Except Light Rail, C±122±805 ...... 1/1/95±12/31/95 Thailand: Steel Wire Rope, C±459±806 ...... 1/1/95±12/31/95

In accordance with sections 353.22(a) be served on every party on the the antidumping duty order on brass and 355.22(a) of the regulations, an Department’s service list. sheet and strip from Canada. The review interested party as defined by section The Department will publish in the covers exports of this merchandise to 353.2(k) may request in writing that the Federal Register a notice of ‘‘Initiation the United States by one manufacturer/ Secretary conduct an administrative of Antidumping (Countervailing) Duty exporter, Wolverine Tube (Canada) Inc. review. The Department has changed its Administrative Review,’’ for requests (Wolverine), during the period January requirements for requesting reviews for received by the last day of September 1, 1994, through December 31, 1994. countervailing duty orders. Pursuant to 1996. If the Department does not The review indicates the existence of 19 CFR 355.22(a) of the regulations, an receive, by September 30, 1996, a no dumping margins for this period. interested party must specify the request for review of entries covered by We gave interested parties an individual producers or exporters an order or finding listed in this notice opportunity to comment on our covered by the order for which they are and for the period identified above, the preliminary results. Based on our requesting a review, (Interim Department will instruct the Customs analysis of the comments received, we Regulations, 60 FR 25130, 25137 (May Service to assess antidumping or have made certain changes for these 11, 1995)). Therefore, for both countervailing duties on those entries at final results. antidumping and countervailing duty a rate equal to the cash deposit of (or EFFECTIVE DATE: September 4, 1996. reviews, the interested party must bond for) estimated antidumping or FOR FURTHER INFORMATION CONTACT: specify for which individual producers countervailing duties required on those or exporters covered by an antidumping entries at the time of entry, or Thomas Killiam or John Kugelman, finding or an antidumping or withdrawal from warehouse, for Office of AD/CVD Enforcement, Group countervailing duty order it is consumption and to continue to collect III, Import Administration, International requesting a review, and the requesting the cash deposit previously ordered. Trade Administration, U.S. Department party must state why it desires the This notice is not required by statute, of Commerce, 14th Street and Secretary to review those particular but is published as a service to the Constitution Avenue, N.W., producers or exporters. If the interested international trading community. Washington, D.C. 20230; telephone: (202) 482–2704 or 482–0649, party intends for the Secretary to review Dated: August 27, 1996. respectively. sales of merchandise by an exporter (or Holly Kuga, a producer if that producer also exports Acting Principal Deputy Assistant Secretary SUPPLEMENTARY INFORMATION: merchandise from other suppliers) for Import Administration. Applicable Statute and Regulations which were produced in more than one [FR Doc. 96–22522 Filed 9–3–96; 8:45 am] country of origin, and each country of Unless otherwise indicated, all BILLING CODE 3510±DS±M origin is subject to a separate order, then citations to the statute are references to the interested party must state the provisions effective January 1, 1995, specifically, on an order-by-order basis, [A±122±601] the effective date of the amendments to which exporter(s) the request is the Tariff Act of 1930 (the Act) by the intended to cover. Brass Sheet and Strip from Canada; Uruguay Round Agreements Act Seven copies of the request should be Final Results of Antidumping Duty (URAA). In addition, unless otherwise submitted to the Assistant Secretary for Administrative Review indicated, all citations to the Import Administration, International AGENCY: Import Administration, Department’s regulations are to the Trade Administration, Room B–099, International Trade Administration, current regulations, as amended by the U.S. Department of Commerce, 14th Department of Commerce. interim regulations published in the Street & Constitution Avenue, N.W., ACTION: Notice of Final Results of Federal Register on May 11, 1995 (60 Washington, D.C. 20230. The Antidumping Duty Administrative FR 25130). Department also asks parties to serve a Review. copy of their requests to: Sheila Forbes Background in room 3061 of the main Commerce SUMMARY: On February 27, 1996, the On February 27, 1996, the Department Building. Further, in accordance with Department of Commerce (the published in the Federal Register (61 section 353.31(g) or 355.31(g) of the Department) published the preliminary FR 7238) the preliminary results of its regulations, a copy of each request must results of its administrative review of administrative review of the Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46619 antidumping duty order on brass sheet than Wolverine’s product control fields is correct; however, we derived and strip (BSS) from Canada (51 FR number system. The petitioners contend and used this information from the 44319). The preliminary results that Wolverine has not defined its PRODCODH/U fields. indicated that no dumping margin product control numbers and that Comment 2: The petitioners argue that existed for Wolverine. Wolverine’s system contains an element the Department should revise that does not reflect the physical Wolverine’s reported general and Scope of the Review characteristics of the finished brass administrative (G&A) expenses to Imports covered by this review are sheet and strip, namely, alloy include expenses incurred by the U.S. shipments of BSS, other than leaded designations which distinguish between parent in support of Wolverine. The and tinned BSS. The chemical reroll and non-reroll materials. Reroll respondent argues that the cost of composition of the covered products is materials are those which Wolverine production (COP) data which it currently defined in the Copper purchases from outside suppliers that submitted accurately reflected G&A Development Association (C.D.A.) 200 do not require casting. Non-reroll expenses, and that the Department Series or the Unified Numbering System materials are those which Wolverine correctly determined not to artificially (U.N.S.) C2000. This review does not processes from the casting stage. The inflate Wolverine’s G&A expenses by cover products the chemical petitioners argue that no distinction adding a portion of the U.S. parent’s compositions of which are defined by should be made or allowed for model- G&A expenses to COP and constructed other C.D.A. or U.N.S. series. In matching purposes because products value. The respondent also argues that physical dimensions, the products made from either source of brass are to allocate the U.S. parent’s G&A to the covered by this review have a solid physically identical. Canadian facility’s COP would double- rectangular cross section over 0.006 The respondent counters that the count the subsidiary’s G&A, because the inches (0.15 millimeters) through 0.188 petitioners’ claims are untimely and latter is included in the parent’s inches (4.8 millimeters) in finished incorrect, and that the Department was consolidated financial statements. thickness or gauge, regardless of width. correct in using Wolverine’s control The respondent further argues that it Coiled, wound-on-reels (traverse numbers. The respondent notes that the complied with our questionnaire by wound), and cut-to-length products are petitioners raised this issue for the first including a proportionate amount of included. The merchandise is currently time in their March 28, 1996, case brief, G&A expenses from its Canadian classified under Harmonized Tariff and not in their September 12 or 19, headquarters, which supplies it with Schedule (HTS) item numbers 1995, comments, in which the administrative, computer, and other 7409.21.00 and 7409.29.00. Although petitioners urged the Department to services, whereas the U.S. parent the HTS item numbers are provided for reject certain other aspects of provides no services which would convenience and Customs purposes, the Wolverine’s response, including other warrant an allocation of the latter’s G&A written description of the scope of this aspects of the product code numbering expenses. order remains dispositive. system not pertaining to the distinction Department’s Position: We agree with Pursuant to the final affirmative between reroll and non-reroll brass. The the respondent, in light of the record determination of circumvention of the respondent argues that to adopt the evidence in this case and our policy as antidumping duty order, we determined petitioners’ arguments for changing the stated in Certain Hot-Rolled Carbon that brass plate used in the production product codes to erase the distinction Steel Flat Products et al., from Japan (58 of BSS falls within the scope of the between the Wolverine sources of raw FR 37154, 37166, July 9, 1993) (Certain antidumping duty order on BSS from material would deprive Wolverine of Steel/Japan): Canada. See Brass Sheet and Strip from the opportunity to meaningfully participate in this proceeding, since it The Department normally computes the Canada: Final Affirmative G&A and other non-operating income and Determination of Circumvention of could not respond or place new expense ratio of a company based on its Antidumping Duty Order, 58 FR 33610 information on the record to rebut the unconsolidated operations and includes an (June 18, 1993). petitioners’ claim. amount of G&A from related companies The review covers one manufacturer/ Concerning the substance of the which pertains to the product under exporter, Wolverine, and the period petitioners’ complaint, the respondent investigation. G&A and other non-operating January 1, 1994, through December 31, answers that certain applications income and expense items are not considered 1994. require low impurities, which produce fungible in nature. Thus, other non-operating a fine grain size at a heavy finished income and expenses realized by a related Analysis of Comments Received gauge and, therefore, require reroll company does not necessarily affect the general activity of [the respondent]. We received a case brief from the inputs, not material cast by Wolverine. petitioners, Hussey Copper, Ltd., The Department’s Position: We agree with Since the record shows the U.S. Miller Company, Olin Corporation-Brass the respondent. The respondent’s headquarters provides no support Group, Outokumpu American Brass, distinction between the two metal services to Wolverine, allocating a Revere Copper Products, Inc., categories is supported by the record portion of the U.S. G&A expenses to International Association of Machinists evidence and was used in prior reviews Wolverine would be inappropriate. and Aerospace Workers, International of this order. Comment 3: The petitioners argue that Union, Allied Industrial Workers of Wolverine explained the physical Wolverine’s submitted G&A expenses America (AFL–CIO), Mechanics differences between the two types of fail to reflect expenses which the Educational Society of America (Local brass in its September 1, 1995, response. respondent’s parent company incurred 56), United Steelworkers of America The petitioners furnished no evidence in holding an inactive manufacturing (AFL–CIO/CLC). We received a rebuttal in rebuttal to support their claim that facility in New Westminster, Canada. brief from the respondent. the product codes wrongly differentiate The petitioners note that in the 1992 Comment 1: The petitioners argue that between what it alleges to be physically review of this order, the respondent also the Department must match Wolverine’s identical materials. did not report the same expense item, U.S. and home market sales based on The petitioners’ claim that the and the Department included an the actual physical characteristics of the respondent never defined its product allocated amount for it in Wolverine’s finished brass sheet and strip, rather control numbers in the CONNUMH/U G&A in the final review results. 46620 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

The respondent argues that such an customer categories, and that it differences in sales process or expenses adjustment would be inappropriate performs significantly different were directly related to differences in because 1) information concerning the processing services for each. selling at the claimed levels of trade.’’ inactive facility which the petitioners The respondent claims that in a recent We note that the case which submit in its brief was available in the final determination, ‘‘the Department Wolverine cites as evidence that the response, but the petitioners did not appeared to disregard the criteria where Department may overlook the selling raise the issue earlier, 2) the there were sales at identical levels of function criteria, Polyvinyl Alcohol, Department’s supplemental trade in U.S. and home markets,’’ citing does not support the respondent’s questionnaire did not request additional Polyvinyl Alcohol from Taiwan, 61 FR argument. On the contrary, rather than information or calculations concerning 14064, 14069 (March 29, overlooking these criteria in that case, the respondent’s G&A, and 3) the 1996)(Polyvinyl Alcohol). we applied them and determined that Department altered its treatment of this The respondent argues that we should the respondent provided ‘‘nearly all of expense in its preliminary results of not apply a new set of criteria at this the same or very similar selling review of the 1993 period of review stage of the review, that ‘‘it would be an functions to all customers,’’ and that because it verified that the inactive even greater abuse of the Department’s there was only one level of trade in the plant had handled only non-subject discretion to apply such a standard home market. merchandise, whereas the Department when it has not requested the pertinent Because Wolverine performed similar only accounts for G&A expenses that information from Wolverine,’’ and cites selling functions in all channels of relate to covered merchandise. The Usinor Sacilor v. United States, 893 F. distribution, we determined that there is respondent cites the Department’s Supp. 1112, 1141–42 (CIT 1995) and only one LOT in the home market. position in Certain Steel/Japan in this Creswell Trading Co., Inc. v. United Furthermore, we determined that this regard. States, 15 F. 3d 1054, 1062 (Fed. Cir. level is comparable to the LOT in the Department’s Position: We agree with 1994) to support this point. The U.S. market and, therefore, no LOT the respondent. The plant in question respondent also notes that in the cases adjustment is necessary. never handled subject merchandise, cited by the petitioners, the Department We also disagree with the and, as explained in Certain Steel/ issued specific questions to elicit respondent’s claim that to disallow the Japan, we allocate G&A based on detailed LOT data. claimed differences in home market expenses associated with subject Department’s Position: We agree with LOTs would be an unwarranted reversal merchandise. the petitioners. Contrary to the of our preliminary determination. Comment 4: The petitioners argue that respondent’s claims, in our Although the Department allowed the the Department must consider questionnaire we specifically asked the LOT distinctions in its preliminary Wolverine’s selling functions when respondent to describe the functions determination, further analysis of the performing its level-of-trade (LOT) performed and services offered in each LOT claim, the petitioners’ arguments, analysis. The petitioners state that distribution channel, for each customer and the evidence on the record indicates Wolverine neglected to identify the or class of customer in the U.S. market that our preliminary results were in selling functions corresponding to what and the comparison market. We gave error, and that there was only one LOT it claimed to be three different home examples of selling functions and asked in the home market. market levels of trade. the respondent to specify whether sales The respondent’s argument that, in The petitioners note that the services were provided by the making its final determination, Statement of Administrative Action respondent or by an affiliate. Wolverine Commerce cannot apply the LOT accompanying the Uruguay Round stated only that it provides customized standards associated with the new Agreements Act requires the slit-to-width products to original statute is incorrect. This statute, and the Department to calculate normal value equipment manufacturers, and not to interpretive approach taken in the SAA, for sales at the same level of trade as the processing distributors. The respondent clearly apply to this review. U.S. sales, to the extent possible. The did not mention any other of the selling As for the respondent’s argument that petitioners claim that ‘‘in recent cases functions identified in our it would be unfair to place it at risk of the Department has expressed its questionnaire, or provide any further losing its LOT distinctions without emphasis on the seller’s functions in its information to document, justify, or having been asked for detailed level of trade analysis.’’ To support this quantify the differences it claims the information, in our original contention the petitioners cite the Department should recognize between questionnaire we clearly asked Notice of Preliminary Determination of three different LOTs in the home Wolverine for detailed information on Sales at Less than Fair Value and market. the selling functions it provided at each Postponement of Final Determination: As documentation to support its LOT claimed LOT. We acknowledge that in Certain Pasta From Italy, 61 FR 1344, claim, the respondent supplied price our supplemental questionnaire we did 1347 (January 19, 1996) and Certain lists, but these lists do not identify any not repeat our earlier request for this Stainless Steel Wire Rods from France: particular LOT or show any differences information. However, we are not Preliminary Results of Antidumping in selling functions. On the contrary, if obligated by law or practice to repeat Administrative Review, 61 FR 8915, anything, the price lists show that every original request in a supplemental 8916 (March 6, 1996). Wolverine offers identical terms, questionnaire. The Department’s The respondent argues that the services, and service charges to all practice of requesting additional Department would err if it were to reject customers. information or clarification of a Wolverine’s LOT claim on the basis of Wolverine’s assertion that it provided previous response does not relieve a a perceived change in the Department’s information on different selling respondent of its obligation to answer policy, after issuing the preliminary functions to three different LOTs is not every question in an original review results. The respondent claims supported by information on the record. questionnaire. that it fully documented the fact that it Here, just as in Carbon and Alloy Steel Comment 5: The petitioners argue that sells to three different levels of trade in Wire Rod From Canada, 59 FR 18791, the Department’s computer program for the home market, that it maintains 18794 (April 20, 1994), the respondent the preliminary results omitted selling separate price lists for each of these ‘‘did not demonstrate that any expenses that Wolverine reported in its Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46621 home market COP database under the protective order (APOs) of their Mitsubishi Heavy Industries Ltd. (MHI), category ‘‘INDSELEX’’. The respondent responsibility concerning the alleging ministerial errors in the did not address this claim. disposition of proprietary information Department’s final determination. We Department’s Position: We agree with disclosed under APO in accordance also received comments from the the petitioners, and have amended our with 19 CFR § 353.34(d). Timely written petitioner rebutting MHI’s allegations on final results to include these indirect notification of the return/destruction of August 2, 1996. selling expenses in our COP APO materials or conversion to judicial We determine, in accordance with 19 calculations. protective order is hereby requested. CFR 353.28(d), that ministerial errors Failure to comply with the regulations Final Results of Review were made in our margin calculations and terms of an APO is a violation for MHI. Specifically, we inadvertently: As a result of our analysis of the which is subject to sanction. This (1) overstated the amount of the comments received, we determine that administrative review and this notice outstanding payment on the Guard sale the following margin exists for are in accordance with section 751(a)(1) in our calculations; (2) did not take into Wolverine: of the Act (19 U.S.C. § 1675(a)(1)) and account the reduction in the sales price 19 CFR § 353.22. Manufacturer/ Margin for the outstanding payment in the exporter Period (percent) Dated: August 26, 1996. calculation of imputed credit; (3) Robert S. LaRussa, incorporated the total costs from our Wolverine ...... 1/1/94±12/31/ 0 Acting Assistant Secretary for Import preliminary determination imputed 94. Administration. interest schedules instead of our final [FR Doc. 96–22520 Filed 9–03–96; 8:45 am] determination interest schedules in the Individual differences between the BILLING CODE 3510±DS±P calculation of imputed interest on U.S. price and normal value may vary SG&A; and (4) included the interest from the above percentage. The income associated with the commission Department shall instruct the U.S. [A±588±837] on the Guard sale in the schedule of Customs Service to assess antidumping Notice of Antidumping Duty Order and payments used in the calculation of duties on all appropriate entries. imputed credit, while we excluded this Furthermore, the following deposit Amended Final Determination of Sales at Less Than Fair Value: Large amount from the commission deducted requirements will be effective for all from the constructed export price. For a shipments of subject merchandise Newspaper Printing Presses and Components Thereof, Whether detailed discussion of the above-cited entered, or withdrawn from warehouse, ministerial errors and the Department’s for consumption on or after the Assembled or Unassembled, from Japan analysis, see Memorandum from The publication date of these final results, as Team to Susan Kuhbach, dated August provided for by section 751(a)(1) of the AGENCY: Import Administration, 12, 1996. In accordance with 19 CFR Act. International Trade Administration, 353.28(c), we are amending the final (1) For previously reviewed or Department of Commerce. determination of the antidumping duty investigated companies not listed above, EFFECTIVE DATE: September 4, 1996. investigation of LNPPs from Japan to the cash deposit rate will continue to be FOR FURTHER INFORMATION CONTACT: correct these ministerial errors. The the company-specific rate published for William Crow at (202) 482–0116 or revised final weighted-average dumping the most recent period; Irene Darzenta at (202) 482–6320, Office margins are as follows: (3) If the exporter is not a firm of Antidumping/Countervailing Duty covered in this review, a prior review, Enforcement, Import Administration, Original Revised or the original less-than-fair-value International Trade Administration, Manufacturer/producer margin margin (LTFV) investigation, but the exporter percent- percent- U.S. Department of Commerce, 14th age age manufacturer is, the cash deposit rate Street and Constitution Avenue, N.W., will be the rate established for the most Washington, D.C. 20230. Mitsubishi Heavy Indus- recent period for the manufacturer of tries, Ltd ...... 62.96 62.26 the merchandise; and Applicable Statute and Regulations Tokyo Kikai Seisakusho, (4) If neither the exporter nor the Unless otherwise indicated, all Ltd ...... 56.28 56.28 manufacturer is a firm covered in this or citations to the statute are references to All Others ...... 58.97 58.69 any previous review conducted by the the provisions effective January 1, 1995, Department, the cash deposit rate will the effective date of the amendments Scope of Order be 8.10 percent, the ‘‘all others’’ rate made to the Tariff Act of 1930 by the established in the LTFV investigation. Uruguay Round Agreements Act The products covered by this This notice also serves as a final (URAA). investigation are large newspaper reminder to importers of their printing presses, including press responsibility under 19 CFR § 353.26 to Amended Final Determination systems, press additions and press file a certificate regarding the In accordance with section 735(a) of components, whether assembled or reimbursement of antidumping duties the Tariff Act of 1930, as amended (the unassembled, whether complete or prior to liquidation of the relevant Act), on July 15, 1996, the Department incomplete, that are capable of printing entries during the review period. Failure made its final determination that large or otherwise manipulating a roll of to comply with this requirement could newspaper printing presses (LNPPs) and paper more than two pages across. A result in the Secretary’s presumption components thereof from Japan are page is defined as a newspaper that reimbursement of antidumping being, or are likely to be, sold in the broadsheet page in which the lines of duties occurred and the subsequent United States at less than fair value (61 type are printed perpendicular to the assessment of double antidumping FR 38139, July 23, 1996). Subsequent to running of the direction of the paper or duties. the final determination, on July 27, a newspaper tabloid page with lines of This notice also serves as a reminder 1996, we received a submission, timely type parallel to the running of the to parties subject to administrative filed pursuant to 19 CFR 353.28(b), from direction of the paper. 46622 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

In addition to press systems, the LNPP is intended to be equipped in are liable for the assessment of scope of this investigation includes the order to fulfill a contract for a LNPP antidumping duties. five press system components. They are: system, addition or component. Accordingly, the Department will (1) a printing unit, which is any This scope does not cover spare or direct the Customs Service to terminate component that prints in monocolor, replacement parts. Spare or replacement spot color and/or process (full) color; parts imported pursuant to a LNPP the suspension of liquidation of entries (2) a reel tension paster, which is any contract, which are not integral to the of LNPP imported from Japan, entered component that feeds a roll of paper original start-up and operation of the or withdrawn from warehouse, for more than two newspaper broadsheet LNPP, and are separately identified and consumption before the date on which pages in width into a subject printing valued in a LNPP contract, whether or the ITC published its notice of final unit; not shipped in combination with determination of threat of material (3) a folder, which is a module or covered merchandise, are excluded from injury in the Federal Register, and to combination of modules capable of the scope of this investigation. Used release any bond or other security, and cutting, folding, and/or delivering the presses are also not subject to this refund any cash deposit, posted to paper from a roll or rolls of newspaper scope. Used presses are those that have secure the payment of estimated broadsheet paper more than two pages been previously sold in an arm’s length antidumping duties with respect to in width into a newspaper format; transaction to a purchaser that used these entries. (4) conveyance and access apparatus them to produce newspapers in the In accordance with section 736(a)(1) capable of manipulating a roll of paper ordinary course of business. more than two newspaper broadsheet Further, this investigation covers all of the Act, the Department will direct pages across through the production current and future printing technologies U.S. Customs officers to assess, upon process and which provides structural capable of printing newspapers, further advice by the administering support and access; and including, but not limited to, authority, antidumping duties equal to (5) a computerized control system, lithographic (offset or direct), the amount by which the normal value which is any computer equipment and/ flexographic, and letterpress systems. of merchandise exceeds constructed or software designed specifically to The products covered by this export price of all relevant entries of control, monitor, adjust, and coordinate investigation are imported into the LNPP from Japan. U.S. Customs officers the functions and operations of large United States under subheadings must require, at the same time as newspaper printing presses or press 8443.11.10, 8443.11.50, 8443.30.00, importers would normally deposit components. 8443.59.50, 8443.60.00, and 8443.90.50 estimated duties on this merchandise, a A press addition is comprised of a of the HTSUS. Large newspaper printing cash deposit equal to the estimated union of one or more of the press presses may also enter under HTSUS weighted-average antidumping duty components defined above and the subheadings 8443.21.00 and 8443.40.00. margins noted below. The ‘‘All Others’’ equipment necessary to integrate such Large newspaper printing press rate listed applies to all Japanese components into an existing press computerized control systems may enter exporters of LNPP not specifically listed system. under HTSUS subheadings 8471.49.10, below. Because of their size, large newspaper 8471.49.21, 8471.49.26, 8471.50.40, printing press systems, press additions, 8471.50.80, and 8537.10.90. Although The ad valorem weighted-average and press components are typically the HTSUS subheadings are provided dumping margins are as follows: shipped either partially assembled or for convenience and Customs purposes, unassembled, complete or incomplete, our written description of the scope of Revised and are assembled and/or completed margin this investigation is dispositive. Manufacturer/producer/exporter percent- prior to and/or during the installation age process in the United States. Any of the Antidumping Duty Order five components, or collection of On August 28, 1996, the U.S. Mitsubishi Heavy Industries, Ldt ... 62.26 components, the use of which is to International Trade Commission (ITC) Tokyo Kikai Seisakusho, Ltd ...... 56.28 fulfill a contract for large newspaper notified the Department of its final All Others ...... 58.69 printing press systems, press additions, determination, pursuant to section or press components, regardless of 735(b)(1)(A)(ii) of the Act, that an This notice constitutes the degree of assembly and/or degree of industry in the United States is antidumping duty order with respect to combination with non-subject elements threatened with material injury by LNPPs from Japan, pursuant to section before or after importation, is included reason of imports of the subject 736(a) of the Act. Interested parties may in the scope of this investigation. Also merchandise from Japan. The ITC did contact the Central Records Unit, Room included in the scope are elements of a not determine, pursuant to section LNPP system, addition or component, 735(b)(4)(B) of the Act, that, but for the B–099 of the Main Commerce Building, which taken altogether, constitute at suspension of liquidation of entries of for copies of an updated list of least 50 percent of the cost of the subject merchandise, the domestic antidumping duty orders currently in manufacture of any of the five major industry would have been materially effect. LNPP components of which they are a injured. This order is published pursuant to part. When the ITC finds threat of material section 736(a) of the Act (19 USC For purposes of this investigation, the injury, and makes a negative ‘‘but for’’ 1673e(a)) and 19 CFR 353.21. following definitions apply irrespective finding, the ‘‘Special Rule’’ provision of of any different definition that may be section 736(b)(2) applies. Therefore, Dated: August 30, 1996. found in Customs rulings, U.S. Customs only unliquidated entries of LNPP from Robert S. LaRussa, law or the HTSUS: the term Japan entered or withdrawn from Acting Assistant Secretary for Import ‘‘unassembled’’ means fully or partially warehouse, for consumption on or after Administration. unassembled or disassembled; and (2) the date on which the ITC published its [FR Doc. 96–22677 Filed 9–3–96; 8:45 am] the term ‘‘incomplete’’ means lacking notice of final determination of threat of BILLING CODE 3510±DS±P one or more elements with which the material injury in the Federal Register Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46623

[A±428±821] analysis, see Memorandum for Susan components defined above and the Kuhbach from Neal Halper, et al., dated equipment necessary to integrate such Notice of Antidumping Duty Order and August 15, 1996. In accordance with 19 components into an existing press Amended Final Determination of Sales CFR 353.28(c), we are amending the system. at Less Than Fair Value: Large final determination of the antidumping Because of their size, large newspaper Newspaper Printing Presses and duty investigation of LNPPs from printing press systems, press additions, Components Thereof, Whether Germany to correct these ministerial and press components are typically Assembled or Unassembled, from errors. The revised final weighted- shipped either partially assembled or Germany average dumping margins are as follows: unassembled, complete or incomplete, and are assembled and/or completed AGENCY: Import Administration, Original Revised prior to and/or during the installation International Trade Administration, Manufacturer/producer margin margin Department of Commerce. process in the United States. Any of the exporter percent- percent- five components, or collection of age age EFFECTIVE DATE: September 4, 1996. components, the use of which is to FOR FURTHER INFORMATION CONTACT: MAN Roland fulfill a contract for large newspaper William Crow at (202) 482–0116 or Druckmaschinen AG 30.80 30.72 printing press systems, press additions, Irene Darzenta at (202) 482–6320, Office Koenig Bauer-Albert AG 46.40 46.40 or press components, regardless of of Antidumping/Countervailing Duty All Others ...... 30.80 30.72 degree of assembly and/or degree of Enforcement, Import Administration, combination with non-subject elements International Trade Administration, Scope of Order before or after importation, is included U.S. Department of Commerce, 14th The products covered by this in the scope of this investigation. Also Street and Constitution Avenue, N.W., included in the scope are elements of a investigation are large newspaper Washington, D.C. 20230. LNPP system, addition or component, printing presses, including press which taken altogether, constitute at Applicable Statute and Regulations systems, press additions and press least 50 percent of the cost of components, whether assembled or Unless otherwise indicated, all manufacture of any of the five major unassembled, whether complete or citations to the statute are references to LNPP components of which they are a incomplete, that are capable of printing the provisions effective January 1, 1995, part. the effective date of the amendments or otherwise manipulating a roll of For purposes of this investigation, the made to the Tariff Act of 1930 by the paper more than two pages across. A following definitions apply irrespective Uruguay Round Agreements Act page is defined as a newspaper of any different definition that may be (URAA). broadsheet page in which the lines of found in Customs rulings, U.S. Customs type are printed perpendicular to the Amended Final Determination law or the HTSUS: the term running of the direction of the paper or ‘‘unassembled’’ means fully or partially In accordance with section 735(a) of a newspaper tabloid page with lines of unassembled or disassembled; and (2) the Tariff Act of 1930, as amended (the type parallel to the running of the the term ‘‘incomplete’’ means lacking Act), on July 15, 1996, the Department direction of the paper. one or more elements with which the made its final determination that large In addition to press systems, the LNPP is intended to be equipped in newspaper printing presses (LNPPs) and scope of this investigation includes the order to fulfill a contract for a LNPP components thereof from Germany is five press system components. They are: system, addition or component. being, or is likely to be, sold in the (1) a printing unit, which is any This scope does not cover spare or United States at less than fair value (61 component that prints in monocolor, replacement parts. Spare or replacement FR 38166, July 23, 1996). Subsequent to spot color and/or process (full) color; parts imported pursuant to a LNPP the final determination, on July 29, (2) a reel tension paster, which is any contract, which are not integral to the 1996, we received a submission, timely component that feeds a roll of paper original start-up and operation of the filed pursuant to 19 CFR 353.28(b), from more than two newspaper broadsheet LNPP, and are separately identified and the petitioner, alleging ministerial errors pages in width into a subject printing valued in a LNPP contract, whether or in the Department’s final determination. unit; not shipped in combination with We also received such allegations from (3) a folder, which is a module or covered merchandise, are excluded from MAN Roland Druckmaschinen AG combination of modules capable of the scope of this investigation. Used (MRD) on August 5, 1996. In addition, cutting, folding, and/or delivering the presses are also not subject to this we received comments from the paper from a roll or rolls of newspaper scope. Used presses are those that have petitioner rebutting MRD’s allegations broadsheet paper more than two pages been previously sold in an arm’s length on August 12, 1996. in width into a newspaper format; transaction to a purchaser that used We determine, in accordance with 19 (4) conveyance and access apparatus them to produce newspapers in the CFR 353.28(d), that ministerial errors capable of manipulating a roll of paper ordinary course of business. were made in our margin calculations more than two newspaper broadsheet Further, this investigation covers all for MRD. Specifically, we failed to pages across through the production current and future printing technologies exclude from our calculations for the process and which provides structural capable of printing newspapers, Fargo and Global sales, certain non- support and access; and including, but not limited to, subject parts (i.e., imported parts which (5) a computerized control system, lithographic (offset or direct), did not constitute at least 50 percent of which is any computer equipment and/ flexographic, and letterpress systems. the cost of manufacture of the LNPP or software designed specifically to The products covered by this component of which they are a part). control, monitor, adjust, and coordinate investigation are imported into the We also incorrectly calculated the the functions and operations of large United States under subheadings indirect selling expenses incurred in newspaper printing presses or press 8443.11.10, 8443.11.50, 8443.30.00, Germany for the Global sale. For a components. 8443.59.50, 8443.60.00, and 8443.90.50 detailed discussion of the above-cited A press addition is comprised of a of the HTSUS. Large newspaper printing ministerial errors and the Department’s union of one or more of the press presses may also enter under HTSUS 46624 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices subheadings 8443.21.00 and 8443.40.00. exporters of LNPP not specifically listed administrative review, we will instruct Large newspaper printing press below. U.S. Customs to assess antidumping computerized control systems may enter The ad valorem weighted-average duties equal to the difference between under HTSUS subheadings 8471.49.10, dumping margins are as follows : the constructed export price (CEP) and 8471.49.21, 8471.49.26, 8471.50.40, NV. 8471.50.80, and 8537.10.90. Although Revised Interested parties are invited to the HTSUS subheadings are provided margin comment on these preliminary results. Manufacturer/producer/exporter percent- for convenience and Customs purposes, age Parties who submit arguments are our written description of the scope of requested to submit with each argument this investigation is dispositive. MAN Roland Druckmaschinen AG 30.72 (1) A statement of the issue and (2) a Koenig Bauer-Albert AG ...... 46.40 brief summary of the argument. Antidumping Duty Order All Others ...... 3.72 EFFECTIVE DATE: September 4, 1996. On August 28, 1996, the U.S. FOR FURTHER INFORMATION CONTACT: International Trade Commission (ITC) Any securities posted on entries of Rebecca Trainor or Maureen Flannery, notified the Department of its final elements relevant to MAN Roland’s Import Administration, International determination, pursuant to section Charlotte contract shall be refunded or Trade Administration, U.S. Department 735(b)(1)(A)(ii) of the Act, that an canceled. of Commerce, 14th Street and industry in the United States is This notice constitutes the Constitution Avenue, N.W., Washington threatened with material injury by antidumping duty order with respect to D.C. 20230; telephone: (202) 482–4733. reason of imports of the subject LNPPs from Germany, pursuant to merchandise from Germany. The ITC section 736(a) of the Act. Interested Applicable Statute did not determine, pursuant to section parties may contact the Central Records Unless otherwise indicated, all 735(b)(4)(B) of the Act, that, but for the Unit, Room B–099 of the Main citations to the Tariff Act of 1930, as suspension of liquidation of entries of Commerce Building, for copies of an amended (the Act), are references to the the subject merchandise, the domestic updated list of antidumping duty orders provisions effective January 1, 1995, the industry would have been materially currently in effect. effective date of the amendments made injured. This order is published pursuant to to the Act by the Uruguay Round When the ITC finds threat of material section 736(a) of the Act (19 USC Agreements Act (URAA). In addition, injury, and makes a negative ‘‘but for’’ 1673e(a)) and 19 CFR 353.21. unless otherwise indicated, all citations finding, the ‘‘Special Rule’’ provision of to the Department’s regulations are to section 736(b)(2) applies. Therefore, Dated: August 30, 1996. Robert S. LaRussa, the current regulations, as amended by only unliquidated entries of LNPP from the interim regulations published in the Germany entered or withdrawn from Acting Assistant Secretary, for Import Administration. Federal Register on May 11, 1995 (60 warehouse, for consumption on or after FR 25130). the date on which the ITC published its [FR Doc. 96–22678 Filed 9–3–96; 8:45 am] notice of final determination of threat of BILLING CODE 3510±DS±P Background material injury in the Federal Register On July 12, 1993, the Department are liable for the assessment of [A±588±823] published in the Federal Register the antidumping duties. antidumping duty order on PECTs from Accordingly, the Department will Professional Electric Cutting Tools Japan (58 FR 37461). On July 3, 1995, direct the Customs Service to terminate from Japan; Preliminary Results of the Department published in the the suspension of liquidation of entries Antidumping Duty Administrative Federal Register a notice of opportunity of LNPP imported from Germany, Review to request an administrative review of entered or withdrawn from warehouse, this antidumping duty order (60 FR for consumption before the date on AGENCY: Import Administration, 34511). On July 27, 1995, Makita which the ITC published its notice of International Trade Administration, requested that we conduct an final determination of threat of material Department of Commerce. administrative review in accordance injury in the Federal Register, and to ACTION: Notice of Preliminary Results of with 19 CFR 353.22(a)(1). We published release any bond or other security, and Antidumping Duty Administrative the notice of initiation of this refund any cash deposit, posted to Review. antidumping duty administrative review secure the payment of estimated on August 16, 1995 (60 FR 42500). antidumping duties with respect to SUMMARY: In response to a request by the The Department is conducting this these entries. respondent, Makita Corporation and review in accordance with section 751 In accordance with section 736(a)(1) Makita U.S.A. Inc. (Makita), the of the Act. of the Act, the Department will direct Department of Commerce (the U.S. Customs officers to assess, upon Department) is conducting an Scope of the Review further advice by the administering administrative review of the The products covered by this review authority, antidumping duties equal to antidumping duty order on professional are PECTs from Japan. PECTs may be the amount by which the normal value electric cutting tools (PECTs) from assembled or unassembled and corded of merchandise exceeds constructed Japan. The review covers shipments of or cordless. export price of all relevant entries of the subject merchandise to the United The term ‘‘electric’’ encompasses LNPP from Germany. U.S. Customs States during the period July 1, 1994, electromechanical devices, including officers must require, at the same time through June 30, 1995. The review tools with electronic variable speed as importers would normally deposit indicates the existence of dumping features. The term ‘‘assembled’’ estimated duties on this merchandise, a margins during the period of review. includes unfinished or incomplete cash deposit equal to the estimated We have preliminarily determined articles, which have the essential weighted-average antidumping duty that sales have been made below normal characteristics of the finished or margins noted below. The ‘‘All Others’’ value (NV). If these preliminary results complete tool. The term ‘‘unassembled’’ rate listed applies to all German are adopted in our final results of means components, which when taken Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46625 as a whole, can be converted into the supply cord with a length of 8 feet or those imputed credit and warranty finished or unfinished or incomplete more; expenses that were incurred in the tool through simple assembly 4. Power supply cord with a separate United States. In accordance with operations, (e.g., kits). cord protector; section 772(d)(1) and the Statement of PECTs have blades or other cutting 5. Externally accessible motor Administrative Action (SAA) at 823–24, devices used for cutting wood, metal, brushes; we also deducted those selling expenses and other materials. PECTs include 6. The predominate use of heat- that related to commercial activity in chop saws, circular saws, jig saws, treated transmission parts (i.e., a the United States, and added revenues reciprocating saws, miter saws, portable majority or greater number of the earned from drop-ship fees and bank saws, cut-off machines, shears, transmission parts in the tool are heat miscellaneous charges, where nibblers, planers, routers, joiners, treated); and appropriate. Finally, we made an jointers, metal cutting saws, and similar 7. The presence of more than one coil adjustment for an amount of profit cutting tools. per slot armature. allocated to these expenses in The products subject to this order If only six of the above seven accordance with section 772(d)(3) of the include all hand-held PECTs and certain characteristics are applicable to a Act. bench-top, hand-operated PECTs. Hand- particular ‘‘corded’’ tool, then that tool operated tools are designed so that only must have at least four of the six Normal Value the functional or moving part is held characteristics to be considered a Based on a comparison of the and moved by hand while in use, the ‘‘corded’’ PECT. aggregate quantity of Makita’s home- whole being designed to rest on a table ‘‘Cordless’’ PECTs, for the purposes of market and U.S. sales, we determined top, bench, or other surface. Bench-top this order, consist of those cordless that the quantity of the foreign like tools are small stationary tools that can electric power tools having a voltage product Makita sold in Japan was be mounted or placed on a table or greater than 7.2 volts and a battery sufficient to permit a proper comparison bench. They are generally recharge time of one hour or less. to its sales of PECTs to the United distinguishable from other stationary PECTs are currently classifiable under States, pursuant to section 773(a) of the tools by size and ease of movement. the following subheadings of the Act. Makita’s quantity of home-market The scope of the order includes only HTSUS: 8508.20.00.20, 8508.20.00.70, sales was greater than five percent of its the following bench-top, hand-operated 8508.20.00.90, 8461.50.00.20, sales to the U.S. market. Therefore, in tools: cut-off saws; PVC saws; chop 8465.91.00.35, 85.80.00.55, accordance with section 773(a)(1)(B)(i) saws; cut-off machines, currently 8508.80.00.65 and 8508.80.00.90. The of the Act, we based NV on the prices classifiable under subheading 8461 of HTSUS subheadings are provided for at which the foreign like products were the Harmonized Tariff Schedule of the convenience and Customs purposes first sold for consumption in Japan. United States (HTSUS); all types of only. The written description remains In calculating NV, we disregarded miter saws, including slide compound dispositive as to the scope of the order. sales to affiliated customers where we miter saws and compound miter saws, This review covers one manufacturer/ determined that such sales were not currently classifiable under subheading exporter of PECTs from Japan, Makita, made at arm’s-length prices, i.e., at 8465 of the HTSUS; and portable band and the period July 1, 1994 through June prices comparable to prices at which saws with detachable bases, also 30, 1995. Makita sold identical merchandise to unrelated customers. currently classifiable under subheading Verification 8465 of the HTSUS. Based on petitioner’s allegation, and This order does not include: From June 3 through June 12, 1996, in accordance with section professional sanding/grinding tools; the Department conducted verification 773(b)(2)(A)(i) of the Act, we found professional electric drilling/fastening of Makita’s questionnaire responses, as reasonable grounds to believe or suspect tools; lawn and garden tools; heat guns; provided in section 782(i) of the Act. that Makita made sales in the home paint and wallpaper strippers; and We used standard verification market at prices below the cost of chain saws, currently classifiable under procedures, including on-site inspection production (COP). As a result, we subheading 8508 of the HTSUS. of the manufacturer’s facilities, initiated a sales-below-cost Parts or components of PECTs when examination of relevant accounting, investigation. We calculated COP based they are imported as kits, or as sales, and other financial records, and on the sum of Makita’s cost of materials accessories imported together with selection of original documentation and fabrication employed in producing covered tools, are included within the containing relevant information. Our the foreign like product plus amounts scope of this order. verification results are outlined in the for home-market selling, general, and ‘‘Corded’’ and ‘‘cordless’’ PECTs are public version of the verification report. administrative expenses (SG&A) and included within the scope of this order. packing costs, in accordance with Constructed Export Price ‘‘Corded’’ PECTs, which are driven by section 773(b)(3) of the Act. We electric current passed through a power In calculating United States price, we compared Makita’s weighted-average cord, are, for purposes of this order, used CEP, in accordance with COP for the review period to home- defined as power tools which have at subsections 772(b), (c), and (d) of the market sales of the foreign like product least five of the following seven Act, because Makita’s sales to the first as required under section 773(b) of the characteristics: unaffiliated purchaser occurred after Act, in order to determine whether these 1. The predominate use of ball, importation into the United States. We sales had been made at below-cost needle, or roller bearings (i.e., a majority calculated CEP based on the packed, prices within an extended period of or greater number of the bearings in the delivered prices to the first unrelated time in substantial quantities, and tool are ball, needle, or roller bearings); purchaser in the United States. whether they were at prices which 2. Helical, spiral bevel, or worm Where appropriate, we made permit recovery of all costs within a gearing; deductions from the starting price for reasonable period of time. On a product- 3. Rubber (or some equivalent discounts, rebates, Japanese and U.S. specific basis, we compared the COP to material which meets UL’s inland freight, ocean freight, Japanese the home-market prices, less any specifications S or SJ) jacketed power and U.S. brokerage and handling, and applicable movement charges, 46626 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices discounts, rebates, and direct and in accordance with section 773(e) of the Second, pursuant to section indirect selling expenses. Act. We included the cost of materials 773(a)(7)(A), the differences must affect Pursuant to section 773(b)(2)(C), and fabrication, SG&A expenses, profit, price comparability as evidenced by a where less than 20 percent of and U.S. packing. In accordance with pattern of consistent price differences respondent’s sales of a given product section 773(e)(2)(A) of the Act, we based between sales at the different levels of were at prices less than the COP, we did SG&A expenses and profit on the trade in the market in which NV is not disregard any below-cost sales of amounts incurred and realized by the determined. that product because we determined respondent in connection with the Makita reported two levels of trade in that the below-cost sales were not made production and sale of the foreign like the home market and one level of trade in ‘‘substantial quantities.’’ Where 20 product in the ordinary course of trade in the United States. We reviewed and percent or more of a respondent’s sales for consumption in the foreign country. verified the selling functions and during the review period of a given For selling expenses, we used the activities associated with each claimed product were at prices less than the weighted-average home-market selling level of trade. Because Makita’s sales to COP, we disregarded the below-cost expenses. We calculated CV by level of the United States were all CEP sales sales because we determined that the trade, using the selling expenses and made by an affiliated company, we below-cost sales were made within an profit determined for each level of trade considered only the parent company’s extended period of time in ‘‘substantial in the comparison market. selling activities reflected in the price quantities’’ in accordance with section Where appropriate, we made after the deduction of expenses and 773(b)(2)(B) and (C) of the Act, and adjustments to CV in accordance with profit, pursuant to section 772(d) of the because we determined that the below- section 773(a)(8) of the Act and 19 CFR Act. In examining all of Makita’s selling cost sales of the product were at prices 353.56 for COS differences and level-of- functions and activities, we found that which would not permit recovery of all trade differences. We made COS no single selling function or activity was costs within a reasonable period of time, adjustments by deducting home-market sufficient to warrant distinguishing in accordance with section 773(b)(2)(D) direct selling expenses and adding U.S. separate levels of trade. We also determined that Makita’s of the Act. Where all sales of a specific direct selling expenses except those selling functions with respect to the model were at prices below the COP, we deducted from the starting price in channels of distribution for wholesalers disregarded all sales of that model, and calculating CEP pursuant to section and retailers in the home market are calculated NV based on CV, in 772(d) of the Act. accordance with section 773(b)(1) of the sufficiently dissimilar to conclude that Act. Level of Trade two separate levels of trade exist in the Home-market prices were based on home market. Further, we determined As set forth in section 773(a)(1)(B)(i) the packed, delivered prices to affiliated that Makita’s aggregate selling functions or unaffiliated purchasers in the home of the Act and in the SAA and activities in the United States were market. Where applicable, we made accompanying the URAA at 829–831, to substantially the same as those it adjustments for differences in packing the extent practicable, the Department performs in Japan at the wholesaler and for movement expenses in will calculate NV based on sales at the channel of distribution. Thus, we accordance with section 773(a)(6)(A) same level of trade as the U.S. sale. concluded that sales to the United and (B) of the Act. We also made When the Department is unable to find States and sales in the home market at adjustments for discounts and rebates, sale(s) in the comparison market at the the wholesaler channel of distribution and differences in cost attributable to same level of trade as the U.S. sale(s), were made at the same level of trade. differences in physical characteristics of the Department may compare U.S. sales When we were unable to find sales of the merchandise pursuant to section to comparison market sales at a different the foreign like product in the home 773(a)(6)(C)(ii) of the Act and for level of trade. market at the same level of trade as the differences in circumstances of sale In accordance with section U.S. sale, we examined whether a level (COS) in accordance with section 773(a)(7)(A) of the Act, if sales at of trade adjustment was appropriate. We 773(a)(6)(C)(iii) of the Act and 19 CFR allegedly different levels of trade are will make this adjustment when it is 353.56. If appropriate, we made COS compared, the Department will adjust demonstrated that a difference in level adjustments by deducting home-market the NV to account for the difference in of trade has an effect on price direct selling expenses and adding U.S. level of trade if two conditions are met. comparability. This is the case when it direct selling expenses, except those First, there must be differences between is established that, with respect to sales deducted from the starting price in the actual selling activities performed used to calculate NV, there is a pattern calculating CEP pursuant to section by the exporter at the level of trade of of consistent price differences between 772(d) of the Act. the U.S. sale and the level of trade of the sales made at the two different levels of In accordance with section comparison-market sales used to trade. To make this determination, we 773(a)(1)(B)(i) of the Act, to the extent determine NV. In making this compared the weighted average of practicable, we based NV on sales at the determination, we consider all selling Makita’s NV prices of sales made in the same level of trade as the CEP sales. If functions and activities performed by ordinary course of trade at the two NV was calculated at a different level of the exporter. The fact that there is some levels of trade for models sold at both trade, we made an adjustment, if overlap in selling functions and levels, after making any other appropriate, and if possible, in activities does not preclude us from adjustments required under section accordance with section 773(a)(7) of the finding that sales were made at different 773(a)(6). If the weighted-average prices Act. This adjustment is discussed levels of trade. Where selling functions were higher at one of the levels of trade further in the Level of Trade section and activities are substantially the same, for a preponderance of the models, we below. however, we normally will consider considered this to demonstrate a pattern In accordance with section 773(a)(4) sales to have been made at the same of consistent price differences. We also of the Act, we used CV as the basis for level of trade. See, Notice of Proposed considered whether the weighted- NV when there were no usable sales of Rulemaking and Request for Public average prices were higher at one of the the foreign like product in the Comments, 61 FR 7348 (February 27, levels of trade for a preponderance of comparison market. We calculated CV 1996). sales, based on the quantities of each Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46627 model sold, in making this and (2) a brief summary of the comment. Dated: August 27, 1996. determination. See Antifriction Bearings The Department will publish a notice of Robert S. LaRussa, (Other Than Tapered Roller Bearings) final results of this administrative Acting Assistant Secretary for Import and Parts Thereof from France, et al.: review, which will include the results of Administration. Preliminary Results of Antidumping its analysis of issues raised in any such [FR Doc. 96–22521 Filed 9–3–96; 8:45 am] Duty Administrative Reviews, 61 FR comments. The Department will issue BILLING CODE 3510±DS±P 35713 (July 8, 1996). As a result of our the final results of this review within analysis, we found that there was a 180 days of publication of these pattern of consistent price differences preliminary results. National Oceanic and Atmospheric between the two levels of trade in the The Department shall determine, and Administration home market. Thus, we made an the Customs Service shall assess, antidumping duties on all appropriate adjustment to NV for the differences in [I.D. 082796D] levels of trade. entries. Individual differences between We calculated the level of trade CEP and NV may vary from the Marine Mammals; Scientific Research adjustment based on home-market sales percentage stated above. Upon Permit No. 1012 (P616) made in the ordinary course of trade completion of this review, the and on prices net of movement Department will issue appraisement AGENCY: National Marine Fisheries expenses, discounts, rebates, direct instructions directly to the Customs Service (NMFS), National Oceanic and selling expenses and packing expenses. Service. Atmospheric Administration (NOAA), For each model sold at both levels of Furthermore, the following deposit Commerce. trade in the home market, we calculated requirements will be effective upon the difference between the weighted- publication of the final results of this ACTION: Issuance of permit. average prices at the two levels of trade administrative review for all shipments as a percentage of the weighted-average of PECTs from Japan entered, or SUMMARY: Notice is hereby given that Dr. price at the comparison level of trade. withdrawn from warehouse, for David R. Young, Professor, Oregon State We then calculated a weighted average consumption on or after the publication University, College of Oceanography, of these model-specific percentage date, as provided for by section Hatfield Marine Science Center, differences. We calculated the amount 751(a)(2)(c) of the Act: (1) The cash Newport, Oregon 97365–5260, has been of the level-of-trade adjustment by deposit rate for Makita will be the rate issued a permit to import Baikal seal applying this weighted-average we determine in the final results of specimens for scientific purposes. review; (2) for previously reviewed or percentage price difference to the NV ADDRESSES: The permit and related determined at the different level of investigated companies not listed above, the cash deposit rate will continue to be documents are available for review trade. upon written request or by appointment The level of trade methodology the company-specific rate published for the most recent period; (3) if the in the following office(s): employed in these preliminary results of exporter is not a firm covered in this Permits Division, Office of Protected review is based on the facts particular review, a prior review, or the original Resources, NMFS, 1315 East-West to this review. We will continue to less-than-fair-value (LTFV) Highway, Room 13130, Silver Spring, examine our policy for making level-of- investigation, but the manufacturer is, MD 20910 (301/713–2289); trade comparisons and adjustments for the cash deposit rate shall be the rate the final results of review. Director, Alaska Region, NMFS, P.O. established for the most recent period Box 21668, Juneau, AK 99802–1668 Preliminary Results of the Review for the manufacturer of the (907/586–7221); and As a result of our review, we merchandise; and (4) if neither the exporter nor the manufacturer is a firm Director, Northwest Region, NMFS, preliminarily determine that the 7600 Sand Point Way, NE, BIN C15700, following margins exist: covered in this or any previous review, the cash deposit rate will be 54.52 Bldg. 1, Seattle, WA 98115–0070 (206/ percent, the all others rate established in 526–6150). Manufacturer/ Time period Margin exporter (percent) the LTFV investigation. SUPPLEMENTARY INFORMATION: On July 9, These deposit requirements, when 1996, notice was published in the Makita Cor- 7/1/94± 6.34 imposed, shall remain in effect until Federal Register (61 FR 36036) that a poration. 6/30/95 publication of the final results of the request for a scientific research permit next administrative review. to import Baikal seal (Phoca sibirica) Parties to the proceeding may request This notice serves as a preliminary samples from Russia had been disclosure within five days of the date reminder to importers of their submitted by the above-named of publication of this notice. Any responsibility under 19 CFR 353.26 of individual. The requested permit has interested party may request a hearing the Department’s regulations to file a been issued under the authority of the within ten days of publication. Any certificate regarding the reimbursement Marine Mammal Protection Act of 1972, hearing, if requested, will be held 44 of antidumping duties prior to as amended (16 U.S.C. 1361 et seq.), and days after the publication of this notice, liquidation of the relevant entries the Regulations Governing the Taking or the first workday thereafter. during this review period. Failure to and Importing of Marine Mammals (50 Interested parties may submit case briefs comply with this requirement could CFR part 216). within 30 days of the date of publication result in the Secretary’s presumption of this notice. Rebuttal briefs, which that reimbursement of antidumping Dated: August 27, 1996. must be limited to issues raised in the duties occurred and the subsequent William Windom, case briefs, may be filed not later than assessment of double antidumping Acting Chief, Permits and Documentation 37 days after the date of publication. duties. Division, Office of Protected Resources, Parties who submit comments are This administrative review and notice National Marine Fisheries Service. requested to submit with their are in accordance with section 751(a)(1) [FR Doc. 96–22523 Filed 9–3–96; 8:45 am] comments (1) A statement of the issue of the Act and 19 CFR 353.22. BILLING CODE 3510±22±F 46628 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

CORPORATION FOR NATIONAL AND ADDRESSES: David Gurr, Corporation for programs to maintain the integrity of the COMMUNITY SERVICE National Service, 1201 New York Ave., AmeriCorps national service network, N.W., Washington, D.C. 20525. the Corporation is modifying certain Revision of the AmeriCorps*VISTA Estimated Annual Reporting Burden: AmeriCorps requirements and Project Pre-Application Inquiry, Project 13,500 hours (900 annual respondents at permitting programs greater Application and Project Progress an average of 15 hours per respondent) management and operating flexibility. Report Forms for the Project Application. 10,800 In addition, the Corporation will hours (900 respondents at an average of consider requests for up to $1,000 per AGENCY: Corporation for National and 3 hours, submitted 4 times each year). full-time Member (pro-rated for a part- Community Service (CNCS). FOR FURTHER INFORMATION, PLEASE time Member) to manage these ACTION: Notice of 30-day OMB Review CONTACT: David Gurr (202) 606–5000, programs. of Project Application and Project extension 212. Potential program sponsors eligible to Progress Report Forms. *This document will be made apply under this Notice include available in alternate format upon national nonprofit organizations, multi- SUMMARY: On June 14, 1996, request. TDD (202) 606–5256. state collaborations, state commissions for national and community service, AmeriCorps*VISTA announced a 60- REGULATORY AUTHORITY: National institutions for higher education, and day review and comment ending on Service Trust Act of 1993. August 13, 1996, during which project state education agencies. Other sponsors and the public were Dated: August 29, 1996. applicants may apply through state encouraged to submit comments Larry Bevan, commissions, provided they meet suggesting revisions to the Program and Field Support Manager, criteria established by the state Americorps*VISTA Pre-Application AmeriCorps*VISTA. commission. Inquiry, CNCS 3045–0042 (formerly [FR Doc. 96–22519 Filed 9–3–96; 8:45 am] DATES: Applications may be obtained on form A–1421), Project Application and BILLING CODE 6050±28±M or after September 4, 1996. For Grant Application CNCS 3045–0038 applications received by October 31, (formerly forms 1421 and 1421–B), 1996, we anticipate making decisions by Project Progress Report forms (CNCS Availability of Education Awards under November 30, 1996. For applications 3045–0042, and Project Progress Report, the AmeriCorps Education Awards received by February 28, 1997, we CNCS–3045–0033 (formerly form 1433). Program anticipate making decisions by March 31, 1997. For applications received by The Pre-Application Inquiry and AGENCY: Corporation for National and June 30, 1997, we anticipate making Project Application were submitted by Community Service. decisions by July 31, 1997. prospective grantees to apply for, or ACTION: Notice of availability of ADDRESSES: Application materials may renew sponsorship of projects under the education awards. AmeriCorps*VISTA Program. be obtained from, and must be Completion of the application is SUMMARY: The Corporation for National submitted to, the following address: required to obtain or retain sponsorship Service (The Corporation) seeks to AmeriCorps Education Awards and to refund the continuation of expand opportunities for individuals to Program, Corporation for National projects. The Project Progress Report is serve as AmeriCorps Members and earn Service, 1201 New York Avenue NW, submitted by project sponsors to educational benefits, broaden the Washington, DC 20525. They may also periodically report on activities listed in network of national service programs be requested by telephone, at 202/606– an approved application. and strategies, and increase the number 5000, ext. 260, or (TDD) 202/565–2700. In the June 14 announcements, of communities joining with This notice may be requested in an comments were invited on (1) whether AmeriCorps to better meet their alternative format for the visually the forms collect information sufficient education, public safety, environmental, impaired. to meet operational management, and other human needs. FOR FURTHER INFORMATION: For further planning and reporting needs of the Accordingly, the Corporation information about this program, contact AmeriCorps*VISTA program; (2) ways announces the availability of up to the Corporation for National Service, to enhance the quality, utility and 5,000 education awards from the Hank Oltmann at 202/606–5000, ext. clarity of the information collected (3) National Service Trust (the Trust) 417, or (TDD) 202/565–2700. accuracy of Corporation estimates of through a simplified application process SUPPLEMENTARY INFORMATION: reporting burden; and (4) ways to for community service programs that (1) Background further reduce the reporting burden. Can support most or all of the No comments were received. AmeriCorps Member and program costs The Corporation is a federal from sources other than the Corporation; government corporation that engages AmeriCorps*VISTA is requesting (2) meet certain AmeriCorps program Americans of all ages and backgrounds extension of the authorization to use the requirements; and (3) are judged to be in community-based service. This revised Project Application Part A and high quality according to Corporation service addresses the nation’s Part B (new title of the combined Pre- criteria, as highlighted below and set education, public safety, environmental, Application Inquiry and Project forth in the application materials. The or other human needs to achieve direct Application) and the Project Progress education awards being made available and demonstrable results. In doing so, Report. may be earned by AmeriCorps Members the Corporation fosters civic DATES: AmeriCorps*VISTA and the successfully completing Full-time or responsibility, strengthens the ties that Office of Management and Budget will Part-time terms in a community service bind us together as a people, and consider written comments on the program approved through this provides educational opportunity for Project Application and Project Progress application process. those who make a substantial Report and record keeping requirements While programs supported under this commitment to service. which are received within 30 days from Notice should be similar to other Pursuant to the National and the date of publication. AmeriCorps*State and *National Community Service Act of 1990, as Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46629 amended, 42 U.S.C. 12501, et seq. (the and demonstrable service. Programs admission, and (b) provide younger Act), the Corporation may ‘‘support must be large enough to achieve a students with college student mentors, innovative and model programs.’’ 42 demonstrable impact on the community who are part-time AmeriCorps U.S.C. Sec. 12653(b). In addition, an served. Accordingly, the Corporation Members. individual can receive an education expects programs to enroll a sufficient (4) Summer programs in which award from the National Service Trust number of either full-time or part-time AmeriCorps Members organize service if, among other things, the individual Members, regardless of whether they are and other activities for children and ‘‘successfully completes the required placed individually or in teams, to youth. term of service ... in an approved produce a demonstrable impact. If the (5) Joint initiatives between national service position.’’ 42 U.S.C. program uses part-time Members, the community organizations and private 12602. The Act defines an approved program must demonstrate that the sector organizations in which full-time national service position to include six service provided by individual Members employees perform service in the specific service positions and ‘‘such will be sustained and ongoing, not community on their own time as other national service positions as the merely episodic. AmeriCorps Members and receive a Corporation considers to be To strengthen communities, programs part-time education award. appropriate.’’ 42 U.S.C. 12573. should engage a full range of local (6) Before and after-school child care Although AmeriCorps Education partners to build a self-sustaining programs led by AmeriCorps Members Award programs should be similar to commitment to service. Service projects funded by local communities. existing AmeriCorps programs to should be designed, implemented, and (7) Full-time service programs run by maintain the integrity of the evaluated with appropriate local input religious organizations, youth corps, or AmeriCorps national service network, and consultation with representatives of other entities where expansion will be the Corporation recognizes that some the community served, including achieved by offering additional modifications to program and community-based agencies, education awards. administrative requirements are foundations, businesses, local labor (8) Fellowship programs in which appropriate. Program, grant, and organizations representing employees of individuals such as recent college or administrative requirements are set service sponsors, and local government. professional school graduates serve in forth in the application guidelines. To develop Members, programs public interest positions in their field of service for a year before seeking more Program Eligibility and Design should provide appropriate training, education, supervision, and support, permanent employment. The Corporation will accept and emphasize the ethic and skills (9) Programs initiated by mayors and applications from eligible applicants needed for productive, active other local officials to integrate locally proposing to sponsor a national service citizenship. funded AmeriCorps Members into program that addresses the unmet Programs must keep time and community-wide strategies to solve education, public safety, environmental, attendance records on all AmeriCorps local problems; for example, a city or and other human needs in the Members to document their eligibility town with a shortage of supervised community served, and provides a for the education award. Programs will activities for middle-school students direct and demonstrable benefit that is be required to cooperate with the during summer months might design valued by the community. The Corporation and its evaluators in all its and fund a program for AmeriCorps Corporation is looking for high-quality monitoring and evaluation efforts. Semi- Members to lead teams of youth in programs that (1) ‘‘get things done’’ to annual program progress reports will be service activities. meet local needs, (2) strengthen required. Member enrollment, end-of- Matching Funds Requirements communities, and (3) develop Members. term, and other National Service Trust Programs must establish specific forms must be submitted in compliance There is no matching funds objectives for the program, which are with existing requirements. requirement under the AmeriCorps subject to the Corporation’s approval. Education Award Program. For this initiative, the Corporation Program Models Member Recruitment and Development seeks programs that will support most The Corporation intends to support a or all program and participant costs variety of models under this initiative. Programs must enroll Members to (other than education awards) through The following is a list of models for both complete full-time (at least 1700 hours sources other than the Corporation. The part-time (including summer) and full- in a nine to twelve month period) or Corporation will consider requests for time programs the Corporation intends part-time (at least 900 hours over not up to $1,000 per new full-time Member to support. Applicants are encouraged more than two years or approved (pro-rated for a part-time Member) to to propose additional models. reduced part-time) terms of service. manage the program. A request for (1) School-based and community- Programs must select their Members funds in addition to the education based service programs, including youth in a non-partisan, non-political, and awards should reflect the minimum corps. Potential projects include non-discriminatory manner. Members support necessary to manage the tutoring and mentoring younger must be U.S. citizens, U.S. nationals, or program; should, in the case of existing children and leading them in service lawful permanent resident aliens. service programs, reflect only the projects after school, on weekends, and Members must be at least 17 years old, management costs related to adding new during summer. except that out-of-school 16 year olds Members; may affect approval of the (2) College-based programs in which may participate in youth corps programs proposal due to lack of available student AmeriCorps Members eligible and programs for disadvantaged youth funding; and will be the subject of for education awards act as part-time that address the need for housing and negotiation between the applicant and service-learning coordinators in local other community facilities in low- the Corporation. schools, or perform other service. income areas. By ‘‘getting things done,’’ programs (3) Programs run by colleges in which Programs are encouraged to recruit will help their communities meet institutions agree to provide (a) future Members who possess leadership education, public safety, environmental, scholarships to middle and secondary potential and a commitment to the goals or other human needs through direct level students if they qualify for of national service, regardless of the 46630 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

Member’s educational level, work are eligible for education awards for (7) engaging in religious instruction, experience, or economic background. In each of up to two terms of service. Full- conducting worship services, providing recruiting and placing their Members, time Members must serve at least 1700 instruction as part of a program that programs must not displace any hours during a period of not less than includes mandatory religious education employee or position, or otherwise nine months and not more than a year. or worship, constructing or operating violate the non-displacement provisions Part-time Members must generally serve facilities primarily or inherently of the Corporation’s regulations, which at least 900 hours during a period of not devoted to religious instruction or are published at 45 CFR Sec. more than two years. Members may also worship, or engaging in any form of 2540.100(f). serve in approved reduced part-time religious proselytization; and providing In addition, programs should strive to programs (such as summer programs or a direct benefit to (a) A business build strong communities by engaging other programs requiring less than 900 organized for profit, (b) a labor union, diverse Members, community hours), with education awards prorated (c) a partisan political organization, (d) volunteers and staff in service activities to the number of hours served. a nonprofit organization that fails to and by encouraging mutual Under the AmeriCorps Education comply with the restrictions contained understanding and cooperation. Awards Program, the Corporation will in Sec. 501(c)(3) of the Internal Revenue Programs should actively seek to not accept proposals for part-time Code of 1986, or (e) an organization include Members and staff from the service of more than two years. Full- engaged in the religious activities communities in which projects are time education awards are $4,725 and described in paragraph (6) above, unless conducted, as well as individuals of part-time education awards are Corporation assistance is not used to different races and ethnicities, ages, $2,362.50. support those religious activities. education levels, socioeconomic backgrounds, both men and women, and Use of Education Award Eligible Applicants individuals with physical and cognitive The education award may be used State Commissions, national non- disabilities. only for specific educational purposes: profit organizations proposing to Programs must provide Members with (1) To repay a Member’s qualified loans; operate in more than one state, multi- the training, skills, and knowledge or (2) towards the cost of a Member’s state collaborations, institutions of necessary to perform the tasks required attendance at a qualified institution of higher education, and state education in their respective projects. In addition, higher education or approved School-to- agencies may apply directly to the programs are encouraged to help Work program. The education award is Corporation. participants who have not completed not transferable to anyone other than the Local non-profit organizations, State their secondary education to earn the Member. The award must be paid and local units of government (other equivalent of a high school diploma. directly to the loan holder or the than state education agencies), other educational institution. Regulations state-wide programs, and programs Member Benefits governing AmeriCorps education operating only within the state must The Corporation will not set a awards are published at 45 CFR Sec. apply through respective State minimum living allowance for full-time 2525–2529. Commissions on National and Members (which, for current Community Service. Interested AmeriCorps programs, is $7,945 per Prohibited Service applicants should first contact their year) under the AmeriCorps Education Prohibited activities may not be respective Commissions. Award Program. The maximum living performed by Members in the course of Pursuant to the Lobbying Disclosure allowance for full-time AmeriCorps their duties, at the request of program Act of 1995, an organization described Members under this program is $10,000 staff, or in a manner that would in Section 501(c)(4) of the Internal per year. Any living allowance for a associate the activities with the national Revenue Code of 1986, 26 U.S.C. part-time Member may not exceed a service program or the Corporation. 501(c)(4), which engages in lobbying prorated share of a maximum of $10,000 However, Members are free to engage in activities is not eligible to apply, serve per year on a full-time basis. This such activities on their own initiative, as a host site for Member placements, or maximum may be waived by the on their own time, and at their own act in any type of supervisory role in the Corporation, upon request, for certain expense. These activities include: program. professional corps and similar (1) any effort to influence legislation, This Notice does not apply to programs. as defined under Sec. 501(c)(3) of the organizations interested in applying to Health care and child care are not Internal Revenue Code of 1986 (26 become AmeriCorps*VISTA cost-share required under the AmeriCorps U.S.C. Sec. 501); projects. Such organizations should Education Award Program, but may be (2) organizing or engaging in protests, contact their respective State Office of offered by the local program which is petitions, boycotts, or strikes; the Corporation for National Service. responsible for all Member benefits. (3) assisting, promoting, or deterring Programs must provide reasonable union organizing; Criteria for the Selection of Programs accommodation, including auxiliary (4) impairing existing contracts for The Corporation will employ the aids and services, based on the services or collective bargaining following criteria in the review of individualized need of a Member who is agreements; proposals under this initiative: a qualified individual with a disability. (5) engaging in partisan political 1. Program Quality. A proposal must Programs must also establish and activities, or other activities designed to demonstrate the applicant’s capacity to maintain a procedure for receiving and influence the outcome of an election to establish clear and specific objectives to resolving grievances from participants any public office; meet compelling community needs, and other interested individuals (6) participating in, or endorsing, design meaningful service activities concerning the program. events or activities which are likely to based on these needs, and recruit, include advocacy for or against political select, train and manage AmeriCorps Eligibility for the Education Award parties, political platforms, political Members to carry out these needs. The Members who successfully complete candidates, proposed legislation, or proposal should demonstrate the full-time or part-time terms of service elected officials; applicant’s organizational and staff Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46631 capacity to manage a high quality a new National Service Scholarship to achieve direct and demonstrable program. The proposal should evidence Program to recognize high school results. In doing so, the Corporation strong community support, and have a juniors and seniors engaged in fosters civic responsibility, strengthens demonstrable impact on the community outstanding community service. the ties that bind us together as a being served, together with the capacity Students selected for recognition will people, and provides educational to document that impact. receive locally-funded scholarships, opportunity for those who make a 2. Program Growth. If the applicant matched or supplemented with federal substantial commitment to service. currently sponsors an AmeriCorps funds provided by the Corporation. Of Pursuant to the National and project or another service project, there the National Service Scholars, a small Community Service Act of 1990, as must be evidence that the availability of number selected at the State level will amended, 42 U.S.C. Sec. 12501, et seq. education awards will increase the size receive special recognition and larger (the Act), the Corporation may ‘‘support and scope of the service program and/ scholarships, and an even smaller innovative and model programs.’’ Under or enhance its quality. number selected at the national level this authority, the Corporation intends 3. Preference for Children and Youth will receive special recognition and still to conduct a National Service Programs. The Corporation will give larger scholarships. The Corporation’s Scholarship Program that will recognize preference to those programs addressing goal in this effort is to highlight the high school juniors/seniors for the needs of our Nation’s children and outstanding community service outstanding service in their youth, such as tutoring, mentoring, performed by high school students communities and provide modest after-school and summer programs, and across the country, to recognize the scholarship support in recognition of immunization. Especially important are particularly noteworthy service such service. efforts designed to involve children and accomplishments of outstanding young Through this notice, the Corporation youth being served in performing individuals, and to assist those invites proposals from interested service themselves, not simply the individuals in pursuing higher applicants to design and implement the implementation of programs designed to education. program. An outline of the program, and serve them. As part of this effort, the Corporation the expectations of performance are 4. Preference for identified models. is interested in selecting an organization provided below. Although the Corporation will consider to provide administrative and technical all model program proposals, the support related to this program. The Purpose and Potential Design of the Corporation will give preference to the successful applicant will assist in the National Service Scholarship Program models identified in this design of the program, conduct outreach The purpose of this program is to announcement. and promote the program, solicit input highlight the outstanding community from interested nonprofit organizations Selection Process service performed by high school with relevant expertise, work with local students across the country, to recognize The Corporation will judge proposals nonprofits and other organizations to the particularly noteworthy service with a process that includes review by carry out the program, and provide the accomplishments of outstanding young outside experts, staff review and administrative and technical support individuals, and to assist those recommendations, and final decisions necessary to accomplish the objectives individuals in pursuing higher by the Corporation Board. The described above. education. Corporation will enter into negotiations DATES: The deadline for submission of The Corporation anticipates that the with potentially successful applicants in applications is October 15, 1996. final design of this program will come a manner that may require significant Applications must be received by the from a collaboration involving the modifications to original proposals. Corporation no later than 3:00 p.m. organization selected under this notice, Awards are contingent on successful Eastern Standard Time on that date. an independent panel of experts in the completion of negotiations. The number ADDRESSES: Applications must be field, and State and local stakeholders. of applications approved, the number of addressed to: Corporation for National The Corporation expects that the education awards provided to approved Service, 1201 New York Avenue NW, national service scholarship program programs, and the duration of approved Ninth Floor, Washington, DC 20525. will be implemented by local schools programs are subject to the availability Attention: Simon G. Woodard. and communities across the country of funds and education awards. Applications may not be submitted by according to guidelines and procedures Dated: August 28, 1996. facsimile. they will establish, consistent with the Shirley Sagawa, FOR FURTHER INFORMATION CONTACT: For following general guidelines: Managing Director for Planning, Corporation further information, contact Simon G. (1) The volunteer activities of the high for National Service. Woodard at (202) 606–5000, ext. 114. school junior/senior should demonstrate [FR Doc. 96–22449 Filed 9–3–96; 8:45 am] This notice may be requested in an effort over a sustained period of no less BILLING CODE 6050±28±P alternative format for the visually than one year, and should have a impaired by calling (202) 606–5000, ext. significant impact in meeting the needs 260. The Corporation’s T.D.D. number is of the local community. Availability of Funds for Technical and (202) 565–2799. (2) The awarding of the scholarship Administrative Support for the National SUPPLEMENTARY INFORMATION: should be made by a local organization Service Scholarship Program in recognition of the individual’s Background AGENCY: Corporation for National and community service and in accordance Community Service. The Corporation is a federal with procedures that are equitable and provide the opportunity for ACTION: Notice of availability of funds. government corporation that encourages Americans of all ages and backgrounds consideration of all eligible candidates. SUMMARY: The Corporation for National to engage in community-based service. (3) It may be connected with service Service (the Corporation) announces the This service addresses the nation’s learning programs of the school district. availability of up to $250,000 to provide educational, public safety, (4) The selection process should be technical and administrative support for environmental and other human needs strictly non-partisan and non-political. 46632 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

(5) The scholarship recipient should organization with relevant expertise and Dated: August 28, 1996. be acknowledged by the community and knowledge; (4) respond to inquiries Shirley Sagawa, school in an appropriate fashion, such from all parties in timely fashion; (5) Managing Director for Planning, Corporation as high school graduation. organize the selection process for for National Service. (6) The scholarship should be nationally-selected scholarships; and (6) [FR Doc. 96–22450 Filed 9–3–96; 8:45 am] provided by private funding sources, provide administrative and technical BILLING CODE 6050±28±P and should be a minimum of $500. support to the Corporation at all phases The following is one potential design of the program. of the program to assist organizations in understanding the scope and magnitude Corporation Involvement DEPARTMENT OF DEFENSE of the effort required in this project. In Department of the Army this scenario, individuals might be Substantial involvement is expected between the Corporation and the selected by local high schools or Pharmacoeconomic Center Notice community organizations as National successful applicant when carrying out Regarding Use of Drugs for Unlabeled Service Scholars. They, in turn, might the program. The Corporation Applications complete a brief application and submit anticipates providing sufficient staff to them to either the State Education support this effort and to oversee the AGENCY: Department of Defense Agency, which now administers service provision of Corporation funds. The Pharmacoeconomic Center. learning programs, or to the State applicant must keep relevant ACTION: Notice. Commission on National and Corporation staff informed of its Community Service, as determined by activities; work with Corporation staff SUMMARY: The Pharmacoeconomic the governor of the State. That during development, delivery and Center (PEC) announces as a matter of organization, based on merit criteria and assessment of services provided; and policy that Food and Drug consistent with the local guidelines, attend meetings/conferences at the Administration (FDA) approved drugs may be used, where appropriate, for could select a number of individuals Corporation’s request. who would have their scholarship unlabeled indications. It is the further matched by the Corporation; and award Project Duration intent of the Department of Defense a number of larger scholarships to (DoD) that such drugs may be included, particularly noteworthy individuals. The Corporation anticipates entering where appropriate, in disease state The application might also include into a cooperative agreement covering a analyses which may result in their reference to the connection between project period of approximately selection to the Tri-Service Formulary service and school studies. Each State November, 1996 through approximately and promotion for a given disease state. agency would forward the applications October, 1997, with the possibility of FOR FURTHER INFORMATION CONTACT: of the statewide scholarship recipients renewal based on performance, need, Captain Charles S. Reeves, USN, DoD to a panel of nationally renowned and the availability of funds at the Pharmacoeconomic Center, Fort Sam individuals who will select several discretion of the Corporation. Houston, Texas 78234, (210) 221–5596. larger scholarship recipients across the Overview of Application Requirements SUPPLEMENTARY INFORMATION: Under the nation. Federal Food, Drug, and Cosmetic Act, The scholarships provided by private The application should include a 21 U.S.C. 352(f) et seq., notice is given organizations should be for the purpose narrative section describing the that pharmacies on DoD installations of paying the cost of a student’s higher organization’s background and capacity will, as a matter of policy, fill education and will be granted under the to provide the technical and prescriptions in appropriate cases with terms and conditions set by those administrative support for this program, drugs that are not necessarily approved organizations. The matching amount an implementation timeline, a staffing by the FDA for the treatment of the provided by the Corporation, as well as underlying medical condition but have the larger scholarships, would be paid plan, and a certification that it will comply with all conditions attendant to nonetheless been proven effective for directly to an institution of higher treatment of the disease state in education. the receipt of federal funding. The application may be no longer than 20 question. Eligible Applicants single-sided pages double-spaced in 12- Errol L. Moran, To be eligible, applicants must be a point font. Director, Pharmacoeconomic Center. non-profit organization or educational Initially all applications will be [FR Doc. 96–22479 Filed 9–3–96; 8:45 am] institution. Pursuant to the Lobbying reviewed to confirm that the applicant BILLING CODE 3710±08±M Disclosure Act of 1995, an organization is an eligible recipient and to ensure described in section 501(c)(4) of the that the application contains the Internal Revenue Code of 1986, 26 Performance Review Boards information required. The Corporation U.S.C. 501(c)(4), which engages in will assess applications based on the AGENCY: Assistant Secretary of the Army lobbying activities is not eligible. criteria listed below (in descending (Manpower and Reserve Affairs). Required Activities of the Successful order of importance): ACTION: Notice. Applicant (1) Quality The organization selected will (1) SUMMARY: Notice is given of the names Complete a final program design and (2) Organizational Capacity of members of the Performance Review implementation plan for approval by the (3) Proposed Costs. Boards for the Department of the Army. Corporation; (2) publicize the program EFFECTIVE DATE: August 1, 1996. The Corporation reserves the right to to local school districts, State agencies, FOR FURTHER INFORMATION CONTACT: request additional written information and other affected parties; (3) provide David Stokes, U.S. Army Senior assistance to local nonprofits and seek from applicants subsequent to the Executive Service Office, Assistant input from national nonprofit submission of initial applications. Secretary of the Army, Manpower & Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46633

Reserve Affairs, 111 Army, Washington, 15. Mr. Alexander Farkas, Director for 33. Dr. Bhakta Rath, Associate Director DC 20310–0111. Development Business Group, U.S. for Research, U.S. Naval Research SUPPLEMENTARY INFORMATION: Section Army Tank-Automotive and Laboratory 4314(c)(1) through (5) of Title 5, U.S.C., Armaments Command, AMC 34. Mr. Arend H. Reid, Retired SES requires each agency to establish, in 16. Mr. Frank E. Fiorilli, Comptroller, Member accordance with regulations, one or U.S. Army Communications- 35. Mr. Daniel J. Rubery, Deputy to the more Senior Executive Service Electronic Command, AMC Commander, U.S. Army Aviation performance review boards. The boards 17. Mr. James L. Flinn III, Director, and Troop Command, AMC shall review and evaluate the initial Integrated Materiel Management 36. Mr. Carmine Spinelli, Technical appraisal of senior executives; Center, U.S. Army Missile Director, U.S. Army Armament performance by supervisors and make Command, AMC RD&E Center, U.S. Army Tank- 18. Dr. John T. Fraiser, Associate recommendations to the appointing Automotive and Armaments Director for Science and authority or rating official relative to the Command, AMC Technology, U.S. Army Research performance of these executives. 37. Dr. James J. Streilein, Chief, Laboratory, AMC Reliability Analysis Division, U.S. The members of the Performance 19. Mr. John F. Gehbauer, Deputy Review Board for the U.S. Army Army Materiel Systems Analysis Director, Close Combat Armaments Activity Materiel Command (AMC) are: Center, Armament RD&E Center, 1. Major General (MG) Michael S. 38. Mr. Joseph J. Vervier, Acting AMC Technical Director, Edgewood Davison, Jr., Commander, U.S. 20. Ms. Linda J. Glasgow, Executive RD&E Center, U.S. Army Chemical Army Security Assistance Director, Integrated Materiel and Biological Defense Command, Command Management Center, U.S. Army AMC 2. MG Robert D. Orton, Program Aviation and Troop Command, 39. Mr. Walter Wynbelt, Program Manager for Chemical AMC Demilitarization 21. Mr. Spencer S. Hirshman, Associate Executive Officer, Tactical Wheeled 3. Brigadier General (BG) Jerry L. Laws, Technical Dir, Producibility and Vehicles, Army Acquisition Commander, U.S. Army White Process Technology, U.S. Army Executive Sands Missile Range Armament RD&E Center, AMC The members of the Performance 4. BG David R. Gust, Program 22. Ms. Kathryn T. Hoener, Chief Review Board for the Office of the Chief Executive Officer, Intelligence and Counsel, U.S. Army of Staff, Army are: Electronic Warfare, Army Communications-Electronics 1. Mr. Chester A. Kowalczyk, Acquisition Executive Command, AMC Assistant Director, Energy and 5. BG James R. Snider, Comanche 23. Mr. Gary L. Holloway, Director for Troop Support, Office of the Deputy Program Manager, Program Test and Assessment, U.S. Army Chief of Staff for Logistics Executive Office, Aviation, Army Test and Evaluation Command, (DCSLOG) Acquisition Executive AMC 2. Mr. A. David Mills, Assistant 6. Mr. Dale G. Adams, Principal 24. Mr. Thomas L. House, Executive Director for Maintenance Deputy for Acquisition, U.S. Army Director, Aviation RD&E Center, Management, DCSLOG Materiel Command U.S. Army Aviation and Troop 3. MG Charles S. Mahan, Acting 7. Mr. Edward Bair, Deputy PEO, Command, AMC Assistant Deputy Chief of Staff for Intelligence and Electronic Warfare, 25. Dr. Paul L. Jacobs, Associate Director Logistics, DCSLOG Army Acquisition Executive for Technology, U.S. Army Missile 4. BG Boyd E. King, Director, 8. Mr. Jerry L. Chapin, Director, Tank Command, AMC Transportation, Energy and Troop 26. Mr. Larry H. Johnson, Director, Automotive RD&E Center, U.S. Support, DCSLOG Redstone Technical Test Center, Army Tank-automotive and 5. Mr. Mark W. Ewing, Assistant U.S. Test and Evaluation Command, Armaments Command, AMC Deputy Chief of Staff for AMC 9. Dr. Andrew Crowson, Director, 27. Mr. Arthur R. Keltz, Principal Intelligence, Office of the Deputy Materiels Science Division, U.S. Deputy for Logistics, U.S. Army Chief of Staff for Intelligence Army Research Office, AMC Materiel Command (DCSINT) 10. Ms. L. Marlene Cruze, Director, 28. Ms. Barbara A. Leiby, Deputy Chief 6. MG Claudia J. Kennedy, Assistant Acquisition Center, U.S. Army of Staff for Resource Management, Deputy Chief of Staff for Missile Command, AMC U.S. Army Materiel Command Intelligence, DCSINT 11. Dr. Larry O. Daniel, Director, 29. Mr. Harold L. Mabrey, Executive 7. Dr. James R. Fisher, Director, Systems Engineering and Director, Acquisition Center, U.S. Missile Defense and Space Production, U.S. Army Missile Army Aviation and Troop Technology Center, U.S. Army Command, AMC Command, AMC Space and Strategic Defense 12. Mr. Vito J. DeMonte, Director, 30. Dr. Ingo W. May, Acting Director, Command (SSDC) Information Sciences and Weapons Technology Directorate, 8. Mr. Mark J. Lumer, Principal Technology, U.S. Army Research U.S. Army Research Laboratory, Assistant Responsible for Laboratory, AMC AMC Contracting, SSDC 13. Mr. Edward G. Elgart, Director, 31. Mr. Douglas R. Newberry, Deputy to 9. MG F.E. Vollrath, Assistant Deputy CECOM Acquisition Center, U.S. the Commander, U.S. Army Tank- Chief of Staff for Personnel, Office Army Communications-Electronics Automotive and Armaments of the Deputy Chief of Staff for Command, AMC Command, AMC Personnel (DCSPER) 14. Mr. Eugene Famolari, Jr., Associate 32. Ms. Renata F. Price, Associate 10. BG Stephen Smith, Director of Technical Director, CECOM RD&E Technical Director, U.S. Army Enlisted Personnel Management Center, U.S. Army Armament RD&E Center, U.S. Army Directorate, DCSPER Communications-Electronics Tank-Automotive and Armaments 11. Dr. Jack H. Hiller, Director of Command, AMC Command, AMC MANPRINT, DCSPER 46634 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

12. Dr. Zita M. Simutis, Deputy 5. Mr. Bennett Hart, PEO, Command 17. Mr. Joel B. Hudson, Administrative Director, Army Research Institute, and Control Systems Assistant to the Secretary of the DCSPER 6. MG John Michitsch, PEO, Field Army 13. Mr. John Riente, Technical Advisor Artillery Systems The members of the Performance to the Deputy Chief of Staff for 7. Mr. Walter Wynbelt, PEO, Tactical Review Board for the United States Operations and Plans, Office of the Wheeled Vehicles Army, Corps of Engineers (USACE) are: Deputy Chief of Staff for Operations 8. Mr. Daryl White, Deputy Director, 1. MG Stanley Genega, Director of and Plans Army Digitization Office Civil Works, USACE The members of the Performance The members of the Performance 2. Mr. Lester Edelman, Chief Counsel, Review Board for the Consolidated Review Board for the Office of the USACE Commands are: Secretary of the Army are: 3. Dr. William Roper, Assistant to the 1. Mr. William R. Lucas, Deputy to the 1. Mr. Walter Hollis, Deputy Under Chief of Engineers for Research and Commander, Military Traffic Secretary of the Army (Operations Development (R&D) and Director, Management Command (MTMC) Research) (DUSA{OR}) Directorate of R&D, USACE 2. Mr. Thomas D. Collinsworth, 2. Mr. Vernon Bettencourt, Special 4. Mr. Charles Schroer, Chief, Director, MTMC Transportation Assistant for Forces and Program Construction Division, Directorate Engineering Agency Evaluation, DUSA(OR) of Military Programs, USACE 3. MG Robert H. Scales, Deputy Chief 3. Mr. John Zirschky, Principal Deputy 5. Mr. Charles Hess, Director of of Staff for Doctrine, U.S. Army Assistant Secretary of the Army Engineering and Technical Training and Doctrine Command (Civil Works) (ASA{CW}) Services, Ohio River Division, (TRADOC) 4. Mr. Steven Dola, Deputy Assistant USACE 4. Mr. Roy Reynolds, Director of Secretary of the Army (Management 6. Dr. William Marcuson, Director, Operations, White Sands Missile & Budget & Budget), ASA(CW) Geotechnical Laboratory, Range, TRADOC 5. Mr. William K. Takakoshi, Special Waterways Experiment Station, 5. Mr. Robert Seger, Assistant Deputy Assistant to the Under Secretary of USACE Chief of Staff for Training (Plans the Army 7. BG Robert Flowers, Commander, and Policy), TRADOC 6. Ms. Alma Moore, Principal Deputy Lower Mississippi Division, USACE 6. BG Timothy J. Maude, Deputy Chief Assistant Secretary of the Army 8. Dr. G. Edward Dickey, Chief, of Staff for Personnel, U.S. Army, (Installations, Logistics & Planning Division, Directorate of Europe (USAREUR) Environment) (ASA{ILE}) Civil Works, USACE 7. Mr. Leland A. Goeke, Assistant 9. Mr. William Brown, Sr., Chief, Deputy Chief of Staff for Personnel 7. Mr. Eric Orsini, Deputy Assistant Secretary of the Army (Logistics), Programs Management Division, (Civilian Personnel), USAREUR Directorate of Military Programs, 8. Dr. Michael Gentry, Technical ASA(ILE) 8. Mr. Thomas Brown, Director, USACE Director/Chief Engineer, U.S. Army 10. Mr. Frank Oliva, Director of Information Systems Command Acquisition and Force Management, Army Audit Agency Programs Management, North (ISC) Atlantic Division, USACE 9. Mr. James A. Macinko, Deputy 9. Mr. Francis Reardon, The Auditor 11. Mr. Earl Stockdale, Deputy General Chief of Staff for Resource General Counsel (Civil Works and Management, ISC 10. Dr. Richard Chait, Director for Environment), Office of the General 10. BG Joseph E. Oder, Director of Research, Office of the Assistant Counsel. Resource Management, Forces Secretary of the Army (Research, Command (FORSCOM) Development and Acquisition) The members of the Performance 11. Mr. Philip Sakowitz, Assistant (ASA {RDA}) Review Board for the United States Deputy Chief of Staff for Personnel 11. BG Harry D. Gatanas, Assistant Army, Office of The Surgeon General and Installation Management, Deputy for Systems Management are: FORSCOM and International Cooperation, 1. BG John S. Parker, Assistant 12. Ms. Vickie Jefferies, Deputy Director ASA(RDA) Surgeon General, Health Services, of Resource Management, 12. Mr. David Borland, Vice Director to Operations, & Logistics, Office of FORSCOM the Director for Information The Surgeon General 13. Mr. William S. Rich, Jr., Deputy/ Systems for Command, Control, 2. BG Patrick D. Sculley, Assistant Technical Director, National Communications, and Computers Surgeon, Personnel & Resources Ground Intelligence Center, U.S. 13. Mr. Robert Young, Deputy for Cost Management, and Commander, U.S. Army Intelligence and Security Analysis, Office of the Assistant Army Center for Health Promotion Command Secretary of the Army (Financial & Preventive Medicine The members of the Performance Management and Comptroller) 3. Mr. John L. Maddy, Principal Review Board for the U.S. Army 14. Mr. Archie Barrett, Principal Director, Office of Deputy Assistant Acquisition Executive are: Deputy Assistant Secretary of the Secretary (Health Budgets and 1. Mr. Edward Bair, Program Executive Army (Manpower & Reserve Programs), Office of the Assistant Officer (PEO), Intelligence & Affairs), Office of the Assistant Secretary of Defense (Health Electronic Warfare Secretary of the Army (Manpower & Affairs) 2. Mr. Paul Bogosian, PEO, Aviation Reserve Affairs) (ASA{MRA}) 4. Ms. Jean Storck, Principal Director, 3. MG William Campbell, PEO, 15. Ms. Carol Smith, Deputy Assistant Office of Deputy Assistant Secretary Command and Control Systems Secretary of the Army (Civilian (Health Services Financing), Office 4. Dr. Herbert K. Fallin, Jr., Director for Personnel Policy)/Director of of the Assistant Secretary of Assessment & Evaluation, Office of Civilian Personnel, ASA(MRA) Defense (Health Affairs) the Assistant Secretary of the Army 16. Mr. Claude M. Kicklighter, Deputy 5. Dr. John F. Mazzuchi, Deputy (Research, Development & Under Secretary of the Army Assistant Secretary (Clinical Acquisition) (International Affairs) Services), Office of the Assistant Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46635

Secretary of Defense (Health SUPPLEMENTARY INFORMATION: Scoping: The objective of this study is to Affairs). A Public Hearing was held in Irvine, provide site-specific restoration 6. Dr. Edgar M. Johnson, Director, U.S. California on July 10, 1996. Public measures. Formulation of the restoration Army Institute for Behavioral notices requesting comments from the activities focuses on examining the Sciences, Office of the Deputy Chief public concerning the environmental condition of the existing ecosystem and of Staff for Personnel impact statement were issued in the determining the feasibility of restoring Gregory D. Showalter, regional area surrounding University of degraded ecosystem structure, function, Army Federal Register Liaison Officer. Irvine Campus. Separate notification of and dynamic processes to a less [FR Doc. 96–22477 Filed 9–3–96; 8:45 am] the hearing was sent to all parties on the degraded and more natural condition. BILLING CODE 3710±08±M project mailing list. Ecosystem restoration provides a more The Final EIS/EIR has been prepared comprehensive approach than focusing as an addendum to the Draft, and only on fish and wildlife habitat for Corps of Engineers includes all comments received on the addressing problems associated with Draft document, responses to the disturbed and degraded ecological Final Environmental Impact Statement/ comments, and changes made to the text resources. Report for Proposed U.S. Food & Drug of the document. FOR FURTHER INFORMATION CONTACT: Administration Laboratory, Irvine, Copies of the FEIS/R, including the Please contact Mr. Bill MacDonald, California Draft EIS/EIR, are available for review at Study Manager, Walla Walla District, the following locations: AGENCY: U.S. Army Corps of Engineers, Corps of Engineers, CENPW–PL–PF, 201 UCI Main Library, Government Los Angeles District, DoD. North Third Avenue, Walla Walla, WA Publications, P.O. Box 19557, Irvine, 99362, phone (509) 527–7253 or Ms. ACTION: Notice of availability. California 92623–9557 Anneli Aston, NEPA Coordinator, Walla SUMMARY: The U.S. Food and Drug Heritage Park Regional Library, 14361 Walla District, Corps of Engineers, Administration (FDA) plans to Yale Avenue, Irvine, California 92714 CENPW–PL–ER, 201 North Third Newport Beach Public Library, Central consolidate the functions of several of Avenue, Walla Walla, WA 99362, phone Library, 1000 Avocado Avenue, its California facilities as recommended (509) 527–7263. Newport Beach, California 92660 by the April 15, 1994 document, University Park Library, 4512 Sandburg SUPPLEMENTARY INFORMATION: By ‘‘Proposal for Implementing and Way, Irvine, CA 92715 focusing on the Upper Snake River Managing the Restructuring of the Field U.S. Army Corps of Engineers, Los ecosystem structure, the Corps’ Laboratories’’. As a consolidated Angeles District, Environmental interdisciplinary planning team will facility, the laboratory would be multi- Resources Branch, 911 Wilshire identify parameters that are altering functional with respect to FDA Boulevard, 14th Floor, Los Angeles, water quantity or quality and adversely activities, including administration CA 90017 impacting the ecosystem, or parts functions, such as investigation and thereof, within the watershed. compliance activities, and laboratory Dated: August 22, 1996. Consideration must be given, during testing and analytical services. The Michal R. Robinson, plan formulation, to those activities and facility would have a Food Chemistry Colonel, Corps of Engineers, District Engineer. conditions in the watershed that may Branch, Drug Chemistry Section, [FR Doc. 96–22478 Filed 9–3–96; 8:45 am] influence the success and resilience of Pesticide Branch, Microbiology Branch, BILLING CODE 3710±KF±M the restoration proposal, even though and Biochemistry section for its testing they may exist outside of the study area. and analytical services. In addition, the Hydrology and sediment transport are FDA, in cooperation with University of Corps of Engineers two key functions that must be California, Irvine, may utilize portions investigated in order for this restoration Intent to Prepare a Draft Environmental or functions of the laboratory for effort to be successful. educational purposes. Impact Statement, Environmental Alternatives: Along a 25-mile reach of No long-term adverse ecological or Restoration, Jackson Hole, Wyoming the Snake and Gros Ventre rivers, environmental health effects are AGENCY: U.S. Army Corps of Engineers, twelve locations which showed the best expected due to the land acquisition for, DoD. potential for restoration were selected and the construction and operation of ACTION: Notice of Intent. for evaluation. In an effort to reduce the the proposed U.S. Food and Drug scope and cost of the study, the number Administration Laboratory. No SUMMARY: The U.S. Army Corps of of sites was reduced to four. significant impacts are expected to Engineers (Corps), Walla Walla District, Alternatives that could be implemented occur. intends to prepare a Draft at the four sites include: The Draft EIS/EIR was released for a Environmental Impact Statement (EIS) a. Channel restoration to rehabilitate 45 day public comment period on June under the National Environmental fisheries. 14, 1996. Policy Act (NEPA). The EIS will b. Island protection measures to FOR FURTHER INFORMATION CONTACT: evaluate the environmental effects of preserve riparian island values. For a copy of the FEIS/EIR or for further providing environmental restoration to c. Island restoration measures to information, please contact Mr. Dale riverine, wetland, and riparian habitat restore riparian island values. Bulick, (213) 452–4010, or by writing to for four sites within the active Snake d. Fish habitat creation through the U.S. Army Corps of Engineers, Los River channel between Grand Teton stream structure alteration. Angeles District (Attn: CESPL–PM–C), National Park and the South Park Elk e. Headgate opportunities to provide P.O. Box 2711, Los Angeles, CA 90053– Feed Grounds in Jackson Hole, for future water diversions to restore 2325. Written comments on the Final Wyoming. Teton County and the Teton spring creeks, wetlands, and riparian EIS/EIR can be sent to Mr. Dale Bulick, County Natural Resources District are habitats. U.S. Army Corps of Engineers, at the cost sharing sponsors and participating f. No action. above address, or Faxed to him at (213) partners in the project and in Scoping Process: The Corps invites 452–4213. developing the EIS. affected Federal, state and local 46636 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices agencies, Native American tribes, and accordance with the Base Realignment could be reused. The EIS will also other interested organizations, parties, and Closure (BRAC) process of 1995, address any alternatives that are raised and the public to participate in the Long Beach NSY is slated for during the public scoping process. scoping process for the EIS. Input from operational closure on September 30, Environmental issues to be addressed in other agencies and organizations that 1997. The DBCRA, as amended by the the EIS include: geology, topography, have a special interest and expertise in Defense Authorization Act for Fiscal and soils; hydrology; biology; noise; air key resource areas such as fisheries, Year 1996, established procedures to quality; land use; historic and wildlife, water quality, hydrology, and minimize hardships on local archaeological resources; socio- stream restoration techniques is communities adversely affected by base economic; transportation/circulation; welcome. The EIS process includes closures and to facilitate economic public facilities/recreation; safety and environmental review and consultation recovery of such communities. In this environmental health; aesthetics; and in accordance with other environmental regard, job creation and economic utilities. Issue analysis will include an statutes, rules, and regulations which development are given the highest evaluation of the direct, indirect, short- apply to the proposed action. priority in the reuse of closed military term, and cumulative impacts Scoping meeting: A public scoping bases, in accordance with objectives for associated with the proposed action. meeting for the EIS will be held in disposal of federal property. The decision to implement the proposed Jackson, Wyoming on September 25, The Secretary of the Navy must action will not be made until the NEPA 1996. Time and location information consider the community’s process is complete. will be advertised and provided in a redevelopment plan proposed for the ADDRESSES: The Department of the Navy scoping letter that will be distributed base slated for closure. The will initiate a scoping process for the throughout the region. development plan is a plan approved by purpose of determining the scope of Availability: The draft EIS should be the Local Redevelopment Authority issues to be addressed and for available in September 1998. (LRA) which provides for the reuse or identifying significant issues relative to Gregory D. Showalter, redevelopment of the closed military this action. A public meeting to allow Army Federal Register Liaison Officer. installation. The City of Long Beach was oral comments from the public will be [FR Doc. 96–22480 Filed 9–3–96; 8:45 am] designated as the LRA by the Secretary held at the Long Beach Public Library, BILLING CODE 3710±GC±M of Defense. The City of Long Beach has Main Branch, 101 Pacific Avenue, Long prepared a reuse plan (July 1996) with Beach, California on September 18, 1996 recommendations for the reuse of at 7:00 P.M. This meeting will be Department of the Navy surplus Long Beach Naval Shipyard advertised in area newspapers. Navy property. representatives will be available at the Notice of Intent to Prepare an An Environmental Impact Statement scoping meeting to receive comments Environmental Impact Statement and (EIS) is being prepared by the from the public regarding issues of to Open Scoping for the Disposal and Department of the Navy in accordance concern. A brief presentation describing Reuse of Long Beach Naval Shipyard, with NEPA and DBCRA requirements. the disposal and NEPA processes will Long Beach, California The EIS will analyze the environmental precede request for public comments. It effect of the disposal and reuse of the is important that federal, state, and local SUMMARY: Pursuant to Section 102(2) of Long Beach NSY. The environmental agencies, as well as interested the National Environmental Policy Act studies will be based on the reasonably organizations and individuals, take this (NEPA) of 1969 as implemented by the foreseeable reuse of the existing opportunity to identify environmental Council on Environmental Quality buildings and redevelopment of the site. concerns that they feel should be Regulations (40 CFR Parts 1500–1508), The EIS will analyze three reuse addressed during the preparation of the the Department of the Navy announces alternatives in an equal level of detail EIS. its intent to prepare an Environmental and a ‘‘no action’’ alternative. The Agencies and the public are invited Impact Statement (EIS) and to open proposed action is the disposal of the and encouraged to provide written scoping to evaluate the environmental base for reuse. Alternative 1 is comments in addition to, or in lieu of, effects associated with the disposal and consistent with the reuse plan proposed oral comments at the public meeting. To reuse of Long Beach Naval Shipyard by the LRA and would involve be most helpful, scoping comments (NSY), Long Beach, California. Long demolition of three piers, two dry-docks should clearly describe specific issues Beach NSY is located in Long Island (one large dry-dock would remain), and or topics that the commenter believes Beach Harbor, immediately east of Long most buildings. These would be the EIS should address. Written Beach Naval Station, and includes replaced by a 152-acre container comments or questions regarding the approximately 259 acres of real estate. terminal; an intermodal railyard; an 18- scoping process and/or EIS should be On this, approximately 4 acres will be acre (one pier) shipyard facility postmarked no later than October 4, retained as a government-owned, surrounding the remaining dry-dock, 1996 and sent to the following address. contractor-operated parcel, and 85 acres with a 100,000 square-foot support FOR FURTHER INFORMATION CONTACT: Ms. will revert automatically to the City of building (possibly an existing building); Melanie Ault (Code 232MA), BRAC Long Beach in conformance with the and six 500,000-barrel tanks in a 36-acre Program Office, Southwest Division, original deed which transferred land liquid bulk facility. Alternative 2, Two- Naval Facilities Engineering Command, from the City to the Navy. These parcels pier Shipyard, would be identical to the 1420 Kettner Boulevard, Suite 507, San are not included as part of the disposal proposed action except that the Diego, CA 92101–2404; telephone (619) and reuse of the Long Beach NSY. The shipyard area would be expanded to 32 556–0250 Ext. 226. proposed action involves the disposal of acres and contain 2 piers and some land, buildings, and infrastructure for additional buildings. Alternative 3, Dated: August 28, 1996. subsequent reuse of the remaining 170 Commercial Shipyard, would involve D.E. Koenig, acres. the conversion of the existing shipyard LCDR, JAGC, USN, Federal Register Liaison As a result of the Defense Base for commercial use. Under this Officer. Closure and Realignment Act (DBCRA) alternative, all the piers and dry-docks [FR Doc. 96–22425 Filed 9–3–96; 8:45 am] of 1990 (Public Law 101–510), and in would remain and most of the buildings BILLING CODE 3810±FF±M Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46637

DEPARTMENT OF EDUCATION DEPARTMENT OF ENERGY basis. Without the deviation, recipients funded totally by NSF funds could have National Committee on Foreign Deviation for the Research for budget periods longer than those which Medical Education and Accreditation Improving Vehicular Transportation, will be jointly funded by DOE and NSF and Reducing Energy Consumption, or solely by DOE. Since DOE will award Date and Time: Wednesday, and Pollution from Manufacturing the grants and will oversee their September 18, 1996, 9:00 a.m. until 5:30 Processes Program administration, a consistent approach p.m.; Thursday, September 19, 1996, AGENCY: Department of Energy. for handling award requirements for 9:00 a.m. until 5:30 p.m.; Friday, reporting, budgeting, and continuation/ ACTION: Notice of Class Deviation. September 20, 1996, 9:00 a.m. until 5:30 renewal purposes is needed to assure p.m. SUMMARY: The Department of Energy uniformity in administration of the program. Place: The Latham Hotel, 3000 M (DOE), pursuant to 10 CFR 600.4, The deviation waives the limitation of Street, N.W., Washington, D.C. 20007. announces a deviation from its Financial Assistance Rules for the 600.26(b) that coextensive budget and Status: Parts of this meeting will be Research for Improving Vehicular project periods only be used when the open to the public. Parts of this meeting Transportation, and Reducing Energy period of performance for a DOE award will be closed to the public. Consumption, and Pollution from will be twelve months or less. Multi- Matters to be Considered: The Manufacturing Processes program. This year awards are generally funded on an standards of accreditation applied to program is a joint effort between DOE annual basis. In such awards, funding medical schools by a number of foreign and the National Science Foundation for each budget period within a project countries and the comparability of those (NSF) to further basic research involving period is contingent on DOE approval of a continuation application submitted in standards to standards of accreditation vehicles of the future and accordance with a schedule specified by applied to the United States medical environmental technologies. The approval of this deviation from the DOE. This deviation will allow both schools. Discussions of the standards of requirement of 10 CFR 600.26(b) DOE and NSF funded awards under the accreditation will be held in sessions permits coextensive budget and project program to have coextensive budget and open to the public. Discussions that periods for multi-year awards. project periods. This action is necessary focus on specific determinations of EFFECTIVE DATE: September 19, 1996. to achieve program objectives [see 10 comparability are closed to the public in FOR FURTHER INFORMATION CONTACT: CFR 600.4(b)(1)] in order to ensure order that each country may be properly Cherlyn D. Seckinger, Business and consistency in award administration. notified of the decision. Financial Policy Division, [HR–51], U.S. Issued in Washington, DC, August 26, SUPPLEMENTARY INFORMATION: Pursuant Department of Energy, 1000 1996. to section 481 of the Higher Education Independence Avenue, SW., Richard H. Hopf, Act of 1965, as amended in 1992 (20 Washington, DC 20585, (202) 586–8246. Deputy Assistant Secretary for Procurement U.S.C. § 1088), the Secretary established SUPPLEMENTARY INFORMATION: In this and Assistance Management. within the Department of Education the notice, the DOE announces that, [FR Doc. 96–22490 Filed 9–3–96; 8:45 am] National Committee on Foreign Medical pursuant to 10 CFR 600, the Deputy BILLING CODE 6450±01±P Education and Accreditation. The Assistant Secretary for Procurement and Committee’s responsibilities are to (1) Assistance Management has made a evaluate the standards of accreditation determination of the need for a Energy Information Administration deviation to the DOE Financial applied to applicant foreign medical Agency Information Collection Under schools; and (2) determine the Assistance Rules. The determination document, dated August 26, 1996 Review by the Office of Management comparability of those standards to and Budget standards for accreditation applied to provides for a deviation for 18 grants under the Improving Vehicular United States medical schools. AGENCY: Energy Information Transportation, and Reducing Energy Administration, Department of Energy. FOR FURTHER INFORMATION CONTACT: Consumption and Pollution from ACTION: Submission for OMB review; Carol F. Sperry, Executive Director, Manufacturing Processes program. comment request. National Committee on Foreign Medical The deviation has been approved to achieve program objectives of Education and Accreditation, 600 SUMMARY: The Energy Information uniformity of treatment among proposed Independence Avenue, S.W., Room Administration (EIA) has submitted the awardees and between DOE and NSF in energy information collection(s) listed at 3905, ROB #3, Washington, D.C. 20202– the administration of the resulting the end of this notice to the Office of 7563. Telephone: (202) 260–3636. grants. By agreement with NSF, DOE Management and Budget (OMB) for Beginning Tuesday, September 10, released a Program Notice (96–05) under review under section 3507(a)(1)(D)of the 1996, you may call to obtain the identity 10 CFR 605 for the subject program Paperwork Reduction Act of 1995 (Pub. of the countries whose standards are to which has resulted in 35 applicants L. 104–13). The listing does not include be evaluated during this meeting. being selected for award. Awards will collections of information contained in August 28, 1996. be of three types: totally DOE funded, new or revised regulations which are to David A. Longanecker, totally NSF funded, and jointly funded. be submitted under section 3507 Assistant Secretary for Postsecondary DOE will award all the grants. The (d)(1)(A) of the Paperwork Reduction Education. proposed detailed research projects Act, nor management and procurement [FR Doc. 96–22424 Filed 9–3–96; 8:45 am] range in term from 12 to 39 months. assistance requirements collected by the Standard NSF grants are made for Department of Energy (DOE). BILLING CODE 4000±01±M durations of 6 months to three years and Each entry contains the following are fully funded at the time of award. information: (1) Collection number and DOE multi-year grants are typically title of the collection of information; (2) funded incrementally on an annual summary of the collection of 46638 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices information (includes sponsor (the DOE Issued in Washington, D.C., August 28, [Docket No. RP96±16±000] component)), current OMB document 1996. number (if applicable), type of request Yvonne M. Bishop, Natural Gas Pipeline Company of (new, revision, extension, or America; Notice of Technical Director, Office of Statistical Standards Conference reinstatement); response obligation Energy Information Administration. (mandatory, voluntary, or required to [FR Doc. 96–22492 Filed 9–3–96; 8:45 am] August 28, 1996. obtain or retain benefits); (3) a BILLING CODE 6450±01±P In the Commission’s order issued on description of the need and proposed November 22, 1995, in the above- use of the information; (4) description of captioned proceeding, the Commission the likely respondents; and (5) estimate Federal Energy Regulatory held that the filing raises issues for of total annual reporting burden Commission which a technical conference is to be (average hours per response x proposed convened. frequency of response per year x [Docket No. TM97±1±24±000] Take notice that the technical estimated number of likely conference to address the issues will be respondents.) Equitrans, L.P.; Notice of Proposed held on Thursday, September 5, 1996, at DATES: Comments must be filed by Changes in FERC Gas Tariff 10:00 a.m. in a room to be designated at October 4, 1996. If you anticipate that the offices of the Federal Energy you will be submitting comments but August 28, 1996. Regulatory Commission, 888 First find it difficult to do so within the time Take notice that on August 23, 1996, Street, N.E., Washington, D.C. 20426. allowed by this notice, you should Equitrans, L.P. (Equitrans), tendered for All interested persons and staff are advise the OMB DOE Desk Officer listed filing to become part of its FERC Gas permitted to attend. below of your intention to do so as soon Tariff, First Revised Volume No. 1, the Lois D. Cashell, as possible. The Desk Officer may be following tariff sheets, to be effective Secretary. telephoned at (202) 395–3084. (Also, October 1, 1996. [FR Doc. 96–22459 Filed 9–3–96; 8:45 am] please notify the EIA contact listed BILLING CODE 6717±01±M below.) Seventh Revised Sheet No. 5 Seventh Revised Sheet No. 6 ADDRESSES: Address comments to the Sixth Revised Sheet No. 8 Department of Energy Desk Officer, [Docket No. RP96±347±000] Office of Information and Regulatory Pursuant to Order No. 472, the Northern Natural Gas Company; Notice Affairs, Office of Management and Commission authorized pipeline of Proposed Changes in FERC Gas Budget, 726 Jackson Place N.W., companies to track and pass through to Tariff Washington, D.C. 20503. (Comments their customers their annual charges should also be addressed to the Office under an Annual Charge Adjustment August 28, 1996. of Statistical Standards at the address (ACA) clause. The 1996 ACA unit Take notice that on August 23, 1996, below.) surcharge approved by the Commission Northern Natural Gas Company FOR FURTHER INFORMATION: Requests for is $.0020 per Mcf. Equitrans has (Northern), tendered for filing to become additional information should be converted this Mcf rate to a dekatherm part of Northern’s FERC Gas Tariff, Fifth directed to Herbert Miller, Office of (Dth) rate of $.0019 per Dth. Revised Volume No. 1, the following Statistical Standards, (EI–73), Forrestal Equitrans states that a copy of its tariff sheets proposed to be effective Building, U.S. Department of Energy, filing has been served upon its November 1, 1996: Washington, D.C. 20585. Mr. Miller may customers and interested state Third Revised Sheet No. 263 be telephoned at (202) 426–1103, FAX commissions. Second Revised Sheet No. 263A (202) 426–1081, or e-mail at Northern states that its filing contains [email protected]. Any person desiring to be heard or to protest this filing should file a motion Northern’s proposal for a permanent SUPPLEMENTARY INFORMATION: The to intervene or protest with the Federal Carlton Resolution in response to the energy information collection submitted Energy Regulatory Commission, 888 Commission’s August 6 Order to OMB for review was: First Street NE., Washington, DC 20426, Establishing Guidelines in Docket No. 1. ERA–766R, ‘‘Recordkeeping in accordance with Section 385.211 and RP93–206–000. Northern further states Requirements of DOE’s Allocation and 385.214 of the Commission’s Rules and that the proposal is consistent with the Price Rules; Regulations. All such motions or Commission Guidelines and believes its 2. Economic Regulatory protests must be filed as provided in proposal is the most efficient method of Administration, OMB No. 1903–0073, Section 154.210 of the Commission’s resolving the Carlton sourcing issue on Extension, Mandatory; Regulations. Protests will be considered its system. 3. ERA–766R requires firms in all by the Commission in determining the Northern states that copies of the segments of the oil industry to maintain appropriate action to be taken, but will filing were served upon the company’s only those records essential to the not serve to make protestants parties to customers and interested State orderly and timely completion of the oil the proceeding. Any person wishing to Commissions. pricing enforcement program. Firms not become a party must file a motion to Any person desiring to be heard or to having such records would be exempt intervene. Copies of this filing are on protest said filing should file a motion from the recordkeeping requirements of file with the Commission and are to intervene or protest with the Federal 10 CFR 210.1; available for public inspection in the Energy Regulatory Commission, 888 4. Firms in the oil industry Public Reference Room. First Street, NE., Washington, DC, 5. 912 hours (40 hrs. × 1 response per 20426, in accordance with Sections year × 228 respondents) Lois D. Cashell, 385.214 and 385.211 of the Secretary. Statutory Authority: 44 U.S.C. Commission’s Rules and Regulations. 3506(a)(2)(A) of the Paperwork Reduction [FR Doc. 96–22461 Filed 9–3–96; 8:45 am] All such petitions or protests must be Act of 1995 (Pub. L. No. 104–13). BILLING CODE 6717±01±M filed as provided in Section 154.210 of Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46639 the Commission’s Regulations. All Texas Eastern and Arkla have agreed and Procedure, a hearing will be held protests will be considered by the to abandon the Exchange Agreement as without further notice before the Commission in determining the evidenced by the termination agreement Commission or its designee on this appropriate action to be taken in this dated August 16, 1996, (‘‘Termination application if no motion to intervene is proceeding, but will not serve to make Agreement’’) attached to the filed within the time required herein, if Protestant a party to the proceeding. application, and provides that the the Commission on its own review of Any person wishing to become a party Exchange Agreement will terminate the matter finds that a grant of the must file a motion to intervene. Copies effective as of August 31, 1996. certificate is required by the public of this filing are on file with the More specifically, Texas Eastern convenience and necessity. If a motion Commission and are available for proposes to abandon by removal the for leave to intervene is timely filed, or inspection. following Interconnection Facilities: if the Commission on its own motion Lois D. Cashell, Facilities South of Arkansas River: believes that a formal hearing is Secretary. (1) Approximately 501 feet of 12-inch required, further notice of such hearing diameter pipeline. [FR Doc. 96–22460 Filed 9–3–96; 8:45 am] will be duly given. (2) Miscellaneous valves, fittings, and Under the procedure herein provided BILLING CODE 6717±01±M appurtenant facilities. for, unless otherwise advised, it will be Facilities North of Arkansas River: unnecessary for Texas Eastern to appear (3) Approximately 1,013 feet of 12- or be represented at the hearing. [Docket No. CP96±733±000] inch diameter pipeline. (4) Approximately 807 feet of 24-inch Lois D. Cashell, Texas Eastern Transmission diameter pipeline. Secretary. Corporation; Notice of Application (5) Miscellaneous valves, fittings, and [FR Doc. 96–22457 Filed 9–3–96; 8:45 am] appurtenant facilities. BILLING CODE 6717±01±M August 28, 1996. Physical abandonment of the Take notice that on August 21, 1996, Interconnection Facilities will be [Docket No. OR96±17±000] Texas Eastern Transmission Corporation performed on Texas Eastern’s existing (‘‘Texas Eastern’’), 5400 Westheimer right of way. Those facilities located Ultramar Inc., Complainant v. SFPP, Court, Houston, Texas 77056–5310, South of the Arkansas River which are L.P., Respondent; Notice of Complaint filed in the above docket an application proposed to be abandoned are within with the Federal Energy Regulatory the work area included in the August 28, 1996. Commission (‘‘Commission’’) pursuant environmental scope of the airport’s Take notice that on August 21, 1996, to Section 7(b) of the Natural Gas Act for expansion. pursuant to sections 9, 13(1), and 15(1) authorization permitting the On August 27, 1996, Texas Eastern of the Interstate Commerce Act of 1887 abandonment of Texas Eastern’s Rate filed a supplement to its application (49 U.S.C. §§ 9, 13(1), 15(1)), Rule 206 Schedule X–8, an emergency exchange withdrawing its request to abandon of the Commission’s Rules of Practice of natural gas between Texas Eastern those Interconnect Facilities located and Procedure (18 CFR 385.206), and and Arkla (formerly Arkansas Louisiana north of the Arkansas River and a the Commission’s Procedural Rules Gas Company) (‘‘Arkla’’), and for revised Exhibit Y to facilitate Applicable to Oil Pipeline Procedures authorization to abandon certain expeditious consideration of the (18 CFR 343.1(c)), Ultramar Inc. pipeline interconnect facilities between remaining authorizations requested on (Ultramar) tendered for filing a Texas Eastern and Arkla or before October 1, 1996. complaint against charges collected by (‘‘Interconnection Facilities’’). Any person desiring to be heard or to SFPP, L.P. (SFPP) for the pipeline Texas Eastern requests expedited make any protest with reference to said transportation of petroleum products. consideration and approval of the application should on or before Ultramar complains against the charge authorizations requested herein in order September 6, 1996, file with the Federal collected for transportation of refined to remove the Interconnection Facilities Energy Regulatory Commission, products over SFPP’s pipeline in on or before October 1, 1996, in Washington, DC 20426, a motion to California from Sepulveda Junction to connection with a runway expansion intervene or a protest in accordance Watson Station (Sepulveda Line). project in Little Rock, Arkansas which with the requirements of the Ultramar complains that the foregoing is currently being undertaken by the Commission’s Rules of Practice and charges (1) are not covered by tariffs Little Rock National Airport (formerly Procedure (18 CFR 385.214 or 385.211) filed with the Commission, (2) are not Adams Field Municipal Airport). and the Regulations under the Natural justified by the cost of service, (3) The FPC issued an order in Docket Gas Act (18 CFR 157.10). All protests discriminate against shippers which use No. G–1500 on November 29, 1950, filed with the Commission will be the Sepulveda Line, and (4) result in authorizing Texas Eastern to operate considered by it in determining the overcharges in excess of filed tariff rates. and maintain the Interconnection appropriate action to be taken, but will Ultramar respectfully requests that the Facilities and to exchange gas on an not serve to make the protestants parties Commission action upon this emergency basis with Arkla pursuant to to the proceedings. Any person wishing Complaint, by (1) examine the charges an emergency exchange agreement to become a party to a proceeding or to collected by SFPP for transportation dated November 20, 1950 (‘‘Exchange participate as a party in any hearing through the Sepulveda Line, (2) order Agreement’’). The Exchange Agreement therein must file a motion to intervene refunds to Ultramar to the extent that is included as Rate Schedule X–8 in in accordance with the Commission’s the Commission finds that the rates Texas Eastern’s Ferc Gas Tariff Original Rules. were unlawful, (3) determine and Volume No. 2. Pursuant to the Exchange Take further notice that, pursuant to prescribe just, reasonable, and non- Agreement, both parties agreed to the the authority contained in and subject to discriminatory rates for the Sepulveda exchange of gas and use of the the jurisdiction conferred upon the Line, and (4) award Ultramar reasonable Interconnection Facilities by either Federal Energy Regulatory Commission attorney’s fees and costs. party without charge during temporary by Sections 7 and 15 of the Natural Gas Any person desiring to be heard or to periods of emergency. Act and Commission’s Rules of Practice protest said complaint should file a 46640 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices motion to intervene or a protest with the Monday through Friday, between the Restitutionary Policy Concerning Crude Federal Energy Regulatory Commission, hours of 1:00 p.m. and 5:00 p.m., except Oil Overcharges. Under that policy, 888 First Street, N.E., Washington, D.C. federal holidays. They are also available 20% will be reserved for injured 20426, in accordance with Rules 214 in Energy Management: Federal Energy purchasers of refined products, 40% and 211 of the Commission’s Rules of Guidelines, a commercially published will be distributed to the federal Practice and Procedure 18 CFR 385.214, loose leaf reporter system. government, and 40% to the states. 385.211. All such motions or protests Dated: August 19, 1996. Personnel Security Hearing should be filed on or before September George B. Breznay, 27, 1996. Protests will be considered by Albuquerque Operations Office, Director, Office of Hearings and Appeals. the Commission in determining the 7/21/95, VSO–0023, VSZ–0003, appropriate action to be taken, but will Request for Exception VSZ–0004 not serve to make protestants parties to A Hearing Officer from the Office of the proceeding. Any person wishing to Big Little Stores, Inc., 7/19/95, VEF– Hearings and Appeals issued an become a party must file a motion to 0005 Opinion regarding the eligibility of an intervene. Copies of this filing are on Big Little Stores, Inc., filed an individual for access authorization file with the Commission and are Application for Exception from the under the provisions of 10 C.F.R. Part available for public inspection. Answers Energy Information Administration 710. As preliminary matters, a motion to to this complaint shall be due on or requirement that it file Form EIA–782B, dismiss the proceeding for lack of before September 27, 1996. the ‘‘Resellers’/Retailers’ Monthly authority and a motion to strike certain Lois D. Cashell, Petroleum Product Sales Report.’’ In documentary evidence were denied. Secretary. considering this request, the DOE found The Hearing found that although the [FR Doc. 96–22458 Filed 9–3–96; 8:45 am] that the firm was not suffering gross individual has used marijuana a limited inequity or serious hardship. Therefore, number of times over a 20-year period, BILLING CODE 6717±01±M the DOE denied the Big Little Stores’ his subsequent rehabilitation from that Application for Exception. behavior mitigated the DOE’s security concerns. The Hearing Officer also Notice of Issuance of Decisions and Implementation for Special Refund found, however, that the individual had Orders by the Office of Hearings and Procedures Appeals; Week of July 17 through July misrepresented his marijuana use to the 21, 1995 Western Asphalt Service, Inc., et al., DOE by omitting significant information 7/17/95 LEF–0047 et al. from forms and at interviews, and that During the week of July 17 through The DOE issued a Decision and Order the DOE’s security concerns regarding July 21, 1995, the decisions and orders implementing procedures for the this behavior were not overcome by any summarized below were issued with distribution of $29,376,255.50 (plus mitigating factors. Accordingly, the respect to appeals and applications for accrued interest) obtained from Western Hearing Officer found that the exception or other relief filed with the Asphalt Service, Inc., Gray Trucking individual’s access authorization should Office of Hearings and Appeals of the Company, William Valentine & Sons, not be restored. Department of Energy. The following Inc., Dorchester Master Limited summary also contains a list of Partnership, Howell Corporation, Placid Refund Applications submissions that were dismissed by the Oil Company, Eton Trading The Office of Hearings and Appeals Office of Hearings and Appeals. Corporation. These funds were remitted issued the following Decisions and Copies of the full text of these by each firm to the DOE to settle Orders concerning refund applications, decisions and orders are available in the possible pricing violations with respect which are not summarized. Copies of Public Reference Room of the Office of to sales of crude oil. The DOE the full texts of the Decisions and Hearings and Appeals, Room 1E–234, determined that these monies will be Orders are available in the Public Forrestal Building, 1000 Independence distributed in accordance with the Reference Room of the Office of Avenue, S.W., Washington, D.C. 20585, DOE’s Modified Statement of Hearings and Appeals. CITY OF CANTON ...... RF272–97125 07/17/95 CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION ...... RB272–12 07/17/95 CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION ...... RB272–21 07/17/95 CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION ...... RB272–19 07/17/95 CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION ...... RB272–23 07/19/95 CRUDE OIL SUPPLEMENTAL REFUND ...... RB272–28 07/19/95 CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION ...... RB272–26 07/19/95 CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION ...... RB272–16 07/20/95 DALCO PETROLEUM, INC./GREAT PLAINS GAS ...... RF248–13 07/17/95 DALE TRACY ET AL ...... RK272–81 07/19/95 M.S.A.D. #29 ET AL ...... RF272–86541 07/19/95 MARION COUNTY, KY ET AL ...... RF272–95475 07/19/95 McLOUD SCHOOL DISTRICT, OKLAHOMA ET AL ...... RF272–95451 07/19/95 METROPOLITAN PETROLEUM & FUEL/ZINN COMPANIES, INC ...... RF349–21 07/19/95 MOHASCO CARPET CORPORATION ...... RC272–308 07/17/95 MOHAWK COMMERCIAL CARPET ...... RC272–309 MOHASCO CARPET CORPORATION ...... RC272–310 SUPERIOR KNITS ET AL ...... RF272–77524 07/20/95 TEXACO INC./ROOSEVELT TEXACO ET AL ...... RF321–12899 07/19/95 TOMS RIVER SCHOOLS ET AL ...... RF272–86349 07/19/95

Dismissals The following submissions were dismissed: Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46641

Name Case No.

BUCK'S TRUCK STOP, INC...... RF315±10189 CITY OF SANGER ...... RF272±96104 KALAMA CHEMICAL, INC...... RF272±90203 McREE TEXACO & DRIVE IN GROCERY ...... RF321±14130 OLD TOWN PLAZA SERVICE STATION ...... RF304±14463 RICHMOND, FREDERICKSBURG, AND POTOMAC RAILROAD CO...... RF321±14111

[FR Doc. 96–22491 Filed 9–3–96; 8:45 am] and children. EPA is forming the FSAC 15, and, if necessary, December 4, 1996, BILLING CODE 6450±01±P to provide a structured environment for in the same location. Agendas and exchange of information and ideas on background materials will be available regulatory, policy, and implementation two weeks prior to the meeting from ENVIRONMENTAL PROTECTION issues. These discussions will assist Martha Tableman, PhD., telephone: AGENCY EPA in the implementation of the new (970) 468–5822, fax: (970) 262–0152, e- food safety statute and are essential if mail: [email protected]. [OPP±00450; FRL±5395±1] EPA is to be responsive to the needs of List of Subjects Food Safety Advisory Committee; the public and the affected industry. Open Meeting II. Participation Environmental protection. AGENCY: Environmental Protection The FSAC will be composed of a Dated: August 27, 1996. Agency (EPA). balanced group of participants from the Daniel M. Barolo, ACTION: Notice. following sectors: pesticide user and commodity groups; environmental/ Director, Office of Pesticide Programs. SUMMARY: As required by section 9 of public interest groups, including the [FR Doc. 96–22506 Filed 9–3–96; 8:45 am] the Federal Advisory Committee Act general public; federal and state BILLING CODE 6560±50±F (Public Law 92–463), EPA’s Office of governments; academia; industry; the Pesticide Programs (OPP) is giving public health community; and notice of the establishment of the Food congressional offices. [FRL±5603±9] FSAC meetings will be open to the Safety Advisory Committee (FSAC), and Contractor Access to Confidential to announce a series of FSAC meetings, public. Statements by observers are welcome. Oral statements will be Business Information Under the Clean the first of which will be September 26, Air Act 1996. limited to three minutes, and it is DATES: The initial meeting will take preferred that only one person present AGENCY: Environmental Protection place September 26, 1996, from 9 a.m. the statement. In the event that there are Agency (EPA). more people wanting to speak than time to 5 p.m.. Subsequent meetings will be ACTION: Notice. held on October 22 and 23, November will allow, written statements will be 14 and 15, and, if necessary, December accepted at the time of the meeting. In SUMMARY: The EPA has authorized the 4, 1996. addition, any person who wishes to file following contractors for access to a written statement can do so before or ADDRESSES: The meetings will be held information that has been, or will be, after an FSAC meeting. These at: The Green Room (next to Rm. 3204) submitted to EPA under section 114 of statements will become part of the of the Ariel Rios Federal Office the Clean Air Act (CAA) as amended. (1) permanent file and will be available to Building, 1200 Pennsylvania Avenue, Environmental Consulting and Research FSAC members for their information. NW., Washington, DC 20044. (EC/R) Incorporated, 3721–D University Materials relating to the Food Safety Drive, Durham, North Carolina 27707, FOR FURTHER INFORMATION CONTACT: By Advisory Committee will be maintained contract number 68D60008, (prime mail: Margie Fehrenbach, Designated in a public record. These materials will contractor); (2) Environmental Federal Official, or Carol Peterson, be available for inspection from 8 a.m. Investigations, 2327 Englert Drive, Suite Office of Pesticide Programs (7501C), to 4 p.m. Monday through Friday, 1, Durham, North Carolina 27713, Environmental Protection Agency, 401 excluding legal holidays. The public contract number 68D60008, M St., SW., Washington, DC 20460. record is located in Rm. 1132 of the (subcontractor). Office location and telephone number: Public Response and Program Resources Some of the information may be Rm. 1119, Crystal Mall #2, 1921 Branch, Field Operations Division claimed to be confidential business Jefferson Davis Highway, Arlington, VA (7506C), Office of Pesticide Programs, information (CBI) by the submitter. 22202, (703) 305–7090; e-mail: Environmental Protection Agency, DATES: Access to confidential data [email protected] or Crystal Mall #2, 1921 Jefferson Davis [email protected]. submitted to EPA will occur no sooner Highway, Arlington, VA 22202, (703) than ten days after publication of this SUPPLEMENTARY INFORMATION: 305–5805. notice. I. Background III. Meeting Schedule FOR FURTHER INFORMATION CONTACT: The Food Quality Protection Act The first meeting of the FSAC will be Doris Maxwell, Document Control (FQPA), signed into law on August 3, held on September 26, 1996, in the Officer, Office of Air Quality Planning 1996, (Public Law 104–170) amends the Green Room of the Ariel Rios Federal and Standards (MD–13), U.S. Federal Insecticide, Fungicide, and Office Building (next to Room 3204), Environmental Protection Agency, Rodenticide Act (FIFRA) and the 1200 Pennsylvania Avenue, NW., Research Triangle Park, North Carolina Federal Food, Drug, and Cosmetic Act Washington, DC 20044. Subsequent 27711, (919) 541–5312. (FFDCA) to provide greater protection meetings have been scheduled for SUPPLEMENTARY INFORMATION: The EPA for U.S. consumers, particularly infants October 22 and 23, November 14 and is issuing this notice to inform all 46642 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices submitters of information under section parties may also view or download a DATES: Written comments must be 114 of the CAA that EPA may provide copy of the Guidelines via Internet, at submitted byOctober 4, 1996. the above mentioned contractors access either the Environmental Protection ADDRESSES: to these materials on a need-to-know Agency Homepage under ‘‘What’s New’’ By mail, submit written basis. These contractors will provide (http://www.epa.gov/WhatsNew.html), comments identified by the document technical support to the Office of Air or on the Office of Water Homepage control number [OPP–30418] and the Quality Planning and Standards under ‘‘What’s New’’ (http:// file symbol to: Public Response and (OAQPS) in economic impact www.epa.gov/OW/sec8). Program Resources Branch, Field Operations Divisions (7506C), Office of assessment for Federal Air Pollution DATES: Comments on the Guidelines Pesticide Programs, Environmental Control Regulations. must be received by October 21, 1996. In accordance with 40 CFR 2.301(h), Protection Agency, 401 M St., SW., ADDRESSES: Address comments to EPA has determined that each Washington, DC 20460. In person, bring Sheila Hoover (4204), Environmental comments to: Environmental Protection contractor requires access to CBI Protection Agency, 401 M Street SW., submitted to EPA under sections 112 Agency, Rm. 1132, CM #2, 1921 Washington, DC 20460, or via Internet at Jefferson Davis Hwy., Arlington, VA. and 114 of the CAA in order to perform [email protected]. work satisfactorily under the above Comments and data may also be FOR FURTHER INFORMATION CONTACT: noted contracts. The contractors’ submitted electronically by sending Sheila Hoover (4204), Environmental personnel will be given access to electronic mail (e-mail) to: opp- Protection Agency, 401 M Street SW., information submitted under section [email protected]. Electronic Washington, DC 20460, (202) 260–2268. 114 of the CAA. Some of the comments must be submitted as an information may be claimed or SUPPLEMENTARY INFORMATION: These ASCII file avoiding the use of special determined to be CBI. The contractors’ guidelines implement a $50 million characters and any form of encryption. personnel will be required to sign grant program contained in the Comments and data will be accepted on nondisclosure agreements and will be Omnibus Consolidated Rescissions and disks in Wordperfect in 5.1 file format briefed on appropriate security Appropriations Act of 1996 (Pub. L. or ASCII file format. All comments and procedures before they are permitted 104–134). The Agency will make grants data in electronic form must be access to CBI. All contractor access to to states, which in turn can provide identified by the docket number [OPP– CAA CBI will take place at the assistance to improve wastewater 30418]. No ‘‘Confidential Business contractors’ facility. Each contractor treatment services in poor, rural Information’’ (CBI) should be submitted will have appropriate procedures and communities with populations of 3,000 through e-mail. Electronic comments on facilities in place to safeguard the CAA or fewer where such services are this notice may be filed online at many CBI to which the contractor has access. currently inadequate. The Hardship Federal Depository Libraries. Additional Clearance for access to CAA CBI is Grants Program for Rural Communities information on electronic submission scheduled to expire on September 30, will be coordinated with the Clean can be found below in this document. 1998 under contract 68D40099 and on Water Act State Revolving Fund (SRF) Information submitted as a comment September 30, 1997 under contract program and in accordance with the concerning this notice may be claimed 68D40107. SRF program regulations at 40 CFR Part 35, Subpart K and existing Agency grant confidential by marking any part or all Dated: August 23, 1996. regulations and procedures, including of that information as ‘‘Confidential Mary D. Nichols, 40 CFR Part 31. Business Information’’ (CBI). Assistant Administrator for Air and Information so marked will not be Radiation. Dated: August 28, 1996. disclosed except in accordance with [FR Doc. 96–22382 Filed 9–3–96; 8:45 am] Michael B. Cook, procedures set forth in 40 CFR part 2. BILLING CODE 6560±50±P Director, Office of Wastewater Management. A copy of the comment that does not [FR Doc. 96–22504 Filed 9–3–96; 8:45 am] contain CBI must be submitted for BILLING CODE 6560±50±P inclusion in the public record. [FRL±5605±2] Information not marked confidential may be disclosed publicly by EPA Guidelines for Implementing the [OPP±30418; FRL±5391±9] without prior notice. All written Hardship Grants Program for Rural comments will be available for public Communities Certain Companies; Applications to Register Pesticide Products inspection in Rm. 1132 at the address AGENCY: Environmental Protection given above, from 8 a.m. to 4:30 p.m., Agency. AGENCY: Environmental Protection Monday through Friday, excluding ACTION: Notice of availability. Agency (EPA). holidays. ACTION : Notice. FOR FURTHER INFORMATION CONTACT: SUMMARY: The Environmental Protection By Agency is making Guidelines for SUMMARY: This notice announces receipt mail: Biopesticides and Pollution Implementing the Hardship Grants of applications to register pesticide Prevention Division (7501W), Office of Program for Rural Communities products containing active ingredients Pesticide Programs, Environmental available for public review and not included in any previously Protection Agency, 401 M St., SW., comment. Members of the public can registered products pursuant to the Washington, DC 20460. obtain a copy of the Guidelines by provisions of section 3(c)(4) of the In person: Contact the person named telephoning (202) 260–2268 and leaving Federal Insecticide, Fungicide, and in each registration at the following a name and mailing address. Interested Rodenticide Act (FIFRA), as amended. office location/telephone number: Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46643

Contact Person Office location/telephone number Address

Rita Kumar, 5th Fl, CS #1 (703±308±8291); e-mail: Environmental Protection Agency [email protected]. Westfield Building North Tower 2800 Crystal Drive Arlington, VA 22202 Paul Zubkoff, 5th Fl, CS #1 (703±308±8694); e-mail: -Do- [email protected].

SUPPLEMENTARY INFORMATION: EPA before a final decision is made; List of Subjects received applications to register comments received after the time Environmental protection, Pesticides pesticide products containing active specified will be considered only to the and pests, Product registration. ingredients not included in any extent possible without delaying Dated: August 20, 1996. previously registered products pursuant processing of the application. to the provisions of section 3(c)(4) of A record has been established for this Janet L. Andersen, FIFRA. Notice of receipt of the notice under docket number [OPP– Acting Director, Biopesticides and Pollution applications does not imply a decision 30418] (including comments and data Prevention Division, Office of Pesticide by the Agency on the applications. submitted electronically as described Programs. Products Containing Active Ingredients below). A public version of this record, [FR Doc. 96–22243 Filed 9–3–96; 8:45 am] including printed, paper versions of Not Included In Any Previously BILLING CODE 6560±50±F Registered Products electronic comments, which does not include any information claimed as CBI, 1. File Symbol: 62552–RE. Applicant: is available for inspection from 8 a.m. to [OPP±30419; FRL±5392±1] Agridyne Technologies, Inc. 2401 S. 4:30 p.m., Monday through Friday, Foothill Drive, Salt Lake City, UT excluding legal holidays. The public S.C. Johnson and Son; Applications to 84109. Product name: Daza Technical. record is located in Rm. 1132 of the Register Pesticide Products Biological Insecticide. Active Public Response and Program Resources ingredient: Dihydroazadirachtin at 17.5 AGENCY: Environmental Protection Branch, Field Operations Division percent. Proposed classification/Use: Agency (EPA). (7506C), Office of Pesticide Programs, None. For manufacturing use only. (Paul ACTION: Notice. Environmental Protection Agency, Zubkoff) SUMMARY: This notice announces receipt 2. File Symbol: 62552–RG. Applicant: Crystal Mall #2, 1921 Jefferson Davis of applications to register pesticide AgriDyne Technologies, Inc. Product Highway, Arlington, VA. products containing a new active name: Daza EC. Biological Insecticide. Electronic comments can be sent ingredient not included in any Active ingredient: Dihydroazadirachtin directly to EPA at: previously registered products pursuant at 3.0 percent. Proposed classification/ [email protected] to the provisions of section 3(c)(4) of the Use: None. For indoor and outdoor use Electronic comments must be Federal Insecticide, Fungicide, and on ornamentals, turf, agronomic and submitted as an ASCII file avoiding the Rodenticide Act (FIFRA), as amended. horticultural crops. (Paul Zubkoff) use of special characters and any form DATES: 3. File Symbol: 62552–RU. Applicant: of encryption. Written comments must be submitted by October 4, 1996. AgriDyne Technologies, Inc. Product The official record for this notice, as ADDRESSES: By mail, submit written name: Daza 4.5 WDG. Biological well as the public version, as described comments identified by the document Insecticide. Active ingredient: above will be kept in paper form. control number [OPP–30419] and the Dihydroazadirachtin at 4.5 percent. Accordingly, EPA will transfer all file symbol to: Public Response and Proposed classification/Use: None. For comments received electronically into Program Resources Branch, Field indoor and outdoor use on ornamentals, printed, paper form as they are received Operations Divisions (7506C), Office of turf, agronomic and horticultural crops. and will place the paper copies in the Pesticide Programs, Environmental (Paul Zubkoff) official record which will also include Protection Agency, 401 M St., SW., 4. File Symbol: 68822–R. Applicant: all comments submitted directly in Washington, DC 20460. In person, bring Tuttle Apiary Laboratory, 3030 Lewis writing. The official record is the paper comments to: Environmental Protection River Road, Woodland, WA 98674. record maintained at the address in Agency, Rm. 1132, CM #2, 1921 Product name: Mite Solution. ‘‘ADDRESSES’’ at the beginning of this Jefferson Davis Hwy., Arlington, VA. Insecticide. Active ingredient: Tea tree document. oil, a natural plant extract, at 5 percent. Comments and data may also be Written comments filed pursuant to Proposed classification/Use: None. For submitted electronically by sending this notice, will be available in the mite control in honey bee populations. electronic mail (e-mail) to: opp- Public Response and Program Resources (Rita Kumar) [email protected]. Electronic Notice of approval or denial of an Branch, Field Operations Division at the comments must be submitted as an application to register a pesticide address provided from 8 a.m. to 4:30 ASCII file avoiding the use of special product will be announced in the p.m., Monday through Friday, excluding characters and any form of encryption. Federal Register. The procedure for legal holidays. It is suggested that Comments and data will be accepted on requesting data will be given in the persons interested in reviewing the disks in Wordperfect in 5.1 file format Federal Register if an application is application file, telephone this office at or ASCII file format. All comments and approved. (703–305–5805), to ensure that the file data in electronic form must be Comments received within the is available on the date of intended visit. identified by the docket number [OPP– specified time period will be considered Authority: 7 U.S.C. 136. 30419]. No ‘‘Confidential Business 46644 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

Information’’ (CBI) should be submitted requesting data will be given in the Dated: August 15, 1996. through e-mail. Electronic comments on Federal Register if an application is Stephen L. Johnson, this notice may be filed online at many approved. Director, Registration Division, Office of Federal Depository Libraries. Additional Comments received within the Pesticide Programs. information on electronic submission specified time period will be considered [FR Doc. 96–22242 Filed 9–3–96; 8:45 am] can be found below in this document. before a final decision is made; BILLING CODE 6560±50±F Information submitted as a comment comments received after the time concerning this notice may be claimed specified will be considered only to the confidential by marking any part or all extent possible without delaying of that information as ‘‘Confidential processing of the application. FEDERAL COMMUNICATIONS Business Information’’ (CBI). COMMISSION Information so marked will not be A record has been established for this disclosed except in accordance with notice under docket number [OPP– Notice of Public Information procedures set forth in 40 CFR part 2. 30419] (including comments and data Collections Being Reviewed by the A copy of the comment that does not submitted electronically as described Federal Communications Commission contain CBI must be submitted for below). A public version of this record, inclusion in the public record. including printed, paper versions of August 26, 1996. Information not marked confidential electronic comments, which does not SUMMARY: The Federal Communications may be disclosed publicly by EPA include any information claimed as CBI, Commission, as part of its continuing without prior notice. All written is available for inspection from 8 a.m. to effort to reduce paperwork burden comments will be available for public 4:30 p.m., Monday through Friday, invites the general public and other inspection in Rm. 1132 at the address excluding legal holidays. The public Federal agencies to take this given above, from 8 a.m. to 4:30 p.m., record is located in Rm. 1132 of the opportunity to comment on the Monday through Friday, excluding Public Response and Program Resources following information collection, as holidays. Branch, Field Operations Division required by the Paperwork Reduction Act of 1995, Public Law 104–13. An FOR FURTHER INFORMATION CONTACT: By (7506C), Office of Pesticide Programs, agency may not conduct or sponsor a mail: Richard Keigwin, Product Environmental Protection Agency, collection of information unless it Manager (PM 10), Registration Division Crystal Mall #2, 1921 Jefferson Davis displays a currently valid control (7505C), Office of Pesticide Programs, Highway, Arlington, VA. number. No person shall be subject to Environmental Protection Agency, 401 Electronic comments can be sent any penalty for failing to comply with M St., SW., Washington, DC 20460. directly to EPA at: a collection of information subject to the Office location and telephone number: Paperwork Reduction Act (PRA) that Rm. 210, CM #2, 1921 Jefferson Davis [email protected] does not display a valid control number. Hwy, Arlington, VA 22202, (703) 305– Electronic comments must be Comments are requested concerning (a) 6788; e-mail: submitted as an ASCII file avoiding the whether the proposed collection of [email protected]. use of special characters and any form information is necessary for the proper of encryption. SUPPLEMENTARY INFORMATION: EPA performance of the functions of the received applications to register The official record for this notice, as Commission, including whether the pesticide products containing an active well as the public version, as described information shall have practical utility; ingredient not included in any above will be kept in paper form. (b) the accuracy of the Commission’s previously registered products pursuant Accordingly, EPA will transfer all burden estimate; (c) ways to enhance to the provisions of section 3(c)(4) of comments received electronically into the quality, utility, and clarity of the FIFRA. Notice of receipt of these printed, paper form as they are received information collected; and (d) ways to applications does not imply a decision and will place the paper copies in the minimize the burden of the collection of by the Agency on the applications. official record which will also include information on the respondents, Products Containing Active Ingredients all comments submitted directly in including the use of automated Not Included In Any Previously writing. The official record is the paper collection techniques or other forms of Registered Products record maintained at the address in information technology. ‘‘ADDRESSES’’ at the beginning of this 1. File Symbol: 4822–ULI. Applicant: DATES: Persons wishing to comment on document. S.C. Johnson and Son, 1525 Howe St., this information collection should Racine, WI 53403. Product name: Raid Written comments filed pursuant to submit comments by November 4, 1996. TVK. Insecticide. Active ingredient: this notice, will be available in the ADDRESSES: Direct all comments to Lithium perfluorooctane sulfonate at Public Response and Program Resources Dorothy Conway, Federal 0.03 percent. Proposed classification/ Branch, Field Operations Division at the Communications Commission, Room Use: General. For use as a wasp and address provided from 8 a.m. to 4:30 234, 1919 M St., N.W., Washington, DC hornet bait trap. p.m., Monday through Friday, excluding 20554 or via internet to 2. File Symbol: 4822–ULT. Applicant: legal holidays. It is suggested that [email protected]. S.C. Johnson and Son. Product name: persons interested in reviewing the FOR FURTHER INFORMATION CONTACT: For Sulfotine. Insecticide. Active ingredient: application file, telephone this office at additional information or copies of the Lithium perfluorooctane sulfonate at 26 (703–305–5805), to ensure that the file information collections contact Dorothy percent. Proposed classification/Use: is available on the date of intended visit. Conway at 202–418–0217 or via internet General. For manufacturing purpose Authority: 7 U.S.C. 136. at [email protected]. only. SUPPLEMENTARY INFORMATION: Notice of approval or denial of an List of Subjects application to register a pesticide OMB Approval No.: None. product will be announced in the Environmental protection, Pesticides Title: Policy and Rules Concerning the Federal Register. The procedure for and pests, Product registration. Interstate, Interexchange Marketplace, Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46645

CC Docket No. 96–61 (Integrated Rate $100,000 or more in any year, areas that pose greater risks to Plans). individual losses of $10,000 or more institutions. Form No.: N/A. must be reported by type of account. Proposed Schedule on Trust Income Type of Review: New Collection. The information reported by individual and Expense Respondents: businesses or other for institutions in Schedule E will not be profit. publicly available, but aggregate data On June 29, 1995, the FFIEC Number of Respondents: 6. will be published by the FFIEC. The published a request for comment on a Estimated Hour Per Response: 70 new trust income schedule is intended proposed Schedule E, ‘‘Fiduciary hours. to enable the agencies to better target Income Statement,’’ that would be Total Annual Burden: 720 hours. their supervision of trust activities to added to the Annual Report of Trust Needs and Uses: Section 254(g) of the those areas that pose greater risk to Assets and prepared on a calendar year 1934 Communications Act, as amended, institutions. basis beginning with the year ending and our rules extend rate integration to EFFECTIVE DATE: For the Annual Report December 31, 1996 (60 FR 34252). The all U.S. territories and possessions. We of Trust Assets (form FFIEC 001) to be comment period closed on August 29, will require certain carriers to submit no prepared as of December 31, 1996. 1995. later than February 1, 1997, preliminary The FFIEC proposed that this plans to achieve rate integration by FOR FURTHER INFORMATION CONTACT: schedule be required to be filed by all August 1, 1997, and final plans no later Board: Donald R. Vinnedge, Manager, institutions with $100 million or more than June 1, 1997. These plans will Trust Activities Program, (202) 452– in total trust assets as reported on permit the Commission to review 2717; William R. Stanley, Supervisory Schedule A, ‘‘Annual Report of Trust progress toward achieving rate Trust Analyst, Trust Activities Program, Assets,’’ on form FFIEC 001. In addition, integration. (202) 452–2744. all nondeposit trust companies, whether Federal Communications Commission. FDIC: John F. Harvey, Trust Review or not they report any assets on Examiner, Division of Supervision, Schedule A, would be required to file William F. Caton, (202) 898–6762. Schedule E. Under this proposal, less Acting Secretary. OCC: William F. Granovsky, National than one third of all institutions actively [FR Doc. 96–22428 Filed 9–3–96; 8:45 am] Bank Examiner, Fiduciary Activities, engaging in trust activities were to be BILLING CODE 6712±01±P (202) 874–4447. required to report trust income and OTS: Larry A. Clark, Program expense on the new schedule, but these Manager, Compliance and Trust, (202) institutions accounted for FEDERAL FINANCIAL INSTITUTIONS 906–5628. approximately 99 percent of all trust EXAMINATION COUNCIL assets. SUPPLEMENTARY INFORMATION: The proposal called for institutions to Schedule on Trust Income and Background provide a breakdown of fiduciary Expense income along six categories that There are approximately 3,000 banks, correspond to the existing account AGENCY: Federal Financial Institutions savings associations, and trust Examination Council. classifications on Schedule A, ‘‘Annual companies that actively engage in trust Report of Trust Assets,’’ and Schedule ACTION: Final action. activities. These institutions C, ‘‘Corporate Trusts,’’ of the form administered $11.6 trillion of assets as SUMMARY: The Federal Financial FFIEC 001. This would permit the of December 31, 1994, or nearly three Institutions Examination Council agencies to compare income data with times the commercial banking (FFIEC) 1 has approved the addition of information on assets managed and to industry’s on-balance sheet assets. The Schedule E, ‘‘Fiduciary Income enhance their understanding of the information that the agencies have been Statement,’’ to the Annual Report of operations of individual institutions. collecting from institutions engaging in Trust Assets (form FFIEC 001), effective Expense information was proposed to trust activities has been limited to data for the December 31, 1996, report date. be broken out by three categories: (1) reported in the Annual Report of Trust The new trust income statement must be Salaries and Employee Benefits, (2) Assets (form FFIEC 001) showing completed only by those banks and Other Direct Expense, and (3) Allocated discretionary and nondiscretionary trust savings associations with $100 million Indirect Expense. This would permit the assets by various types of accounts. or more in total trust assets and by all development of efficiency or overhead The off-balance sheet nature of nondeposit trust companies. In general, ratios comparable to those commonly fiduciary activities has presented certain institutions will report trust fees by type used in the analysis of commercial bank impediments to the agencies in the of trust account, three general categories operations. development and implementation of The proposed schedule included two of expense, and the amount of fiduciary and related supervision types of breakdowns of losses resulting settlements, surcharges, and other losses policy. The lack of uniform, consistent from surcharges and settlements (e.g., gross and net of recoveries. If an and industry-wide information on replenishment of losses incurred by institution’s aggregate losses are fiduciary income and expenses has fiduciary customers). For the first 1 The FFIEC consists of representatives from the precluded effective analysis of fiduciary breakdown, these losses were to be Board of Governors of the Federal Reserve System profitability and risk management for an separately reported for ten categories of (Board), the Federal Deposit Insurance Corporation individual institution, a peer group, and fiduciary activities, including eight (FDIC), the Office of the Comptroller of the the entire industry. It also has hampered types of accounts reported on Schedule Currency (OCC), the Office of Thrift Supervision (OTS) (referred to as the ‘‘agencies’’), and the the agencies’ ability to measure the risk A, ‘‘Annual Report of Trust Assets,’’ and National Credit Union Administration. However, associated with particular lines of corporate trusts reported on Schedule C this reporting requirement is not applicable to fiduciary business and to evaluate the of the form FFIEC 001. For the second credit unions. Section 1006(c) of the Federal functional activities causing losses. breakdown, loss data were to be Financial Institutions Examination Council Act requires the FFIEC to develop uniform reporting Thus, the agencies have not been able to reported for three types of losses: (1) standards for federally-supervised financial ensure that they have targeted their Investment, (2) Administrative, and (3) institutions. supervision of trust activities to those Operational. If an institution or group of 46646 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices institutions show loss data or trends in would be readily available. Four $100 million in total trust assets. Of loss data for certain categories of respondents stated that the data on these nine, five indicated that the $100 fiduciary activities or certain types of settlements, surcharges, and other losses million threshold was appropriate since losses, this information should help the would cause difficulties because the it would eliminate the small institutions agencies develop and implement records they maintain do not use the while including the majority of trust appropriate supervisory policies and categories that were proposed in the assets. One respondent stated that examination emphasis. schedule. In addition, three respondents institutions below this level should be Since the trust income and expense also believed that the information on asked to file the schedule on a voluntary information proposed for collection expenses, gross losses, and recoveries basis. Three respondents stated that the generally pertains to only a portion of a was not readily available to them and threshold level was too low and should reporting institution’s total operations, would be difficult to obtain. be raised. One respondent believed that the proposal stated that the data Only five respondents supplied there should be no threshold level and reported in Schedule E by individual information concerning the second issue that all trust institutions should be institutions would be regarded as for which comments were requested— required to file the schedule. confidential by the FFIEC and the the cost and time required to implement Only three respondents commented agencies. Aggregate information, any needed changes in institutions’ on the sixth issue for which comment however, would be published annually recordkeeping systems to provide the was requested—the proposed in an FFIEC publication entitled ‘‘Trust information requested in proposed requirement that all nondeposit trust Assets of Financial Institutions.’’ Schedule E. Two of these respondents companies, regardless of size, file the indicated that there would be little or no trust income schedule. Each respondent Public Comments cost and time involved. One stated that felt that all of the trust companies The FFIEC solicited comment on all five to six hours would be needed while should be required to supply income aspects of the proposed trust income another reported that 20 hours would be and expense information. schedule and specifically requested needed to make the needed changes. Finally, seven respondents replied to comments on seven issues. The FFIEC One respondent only stated that the seventh issue for which comment received 58 comments on the proposal, extensive time plus changes to was requested—the adequacy and 56 from institutions or the parent computer systems would be needed to clarity of the proposed instructions. holding companies of institutions that obtain the required information. Each one indicated that the instructions engage in trust activities and two from Ten respondents commented on the were clearly written, adequate in scope bank trade associations. third issue for which comments were and detail, and easy to follow. No Comments submitted by the largest requested—the cost and time that would suggestions were made for institutions dealt primarily with the be required to complete the proposed improvement. initial cost of establishing data schedule each year after the initial year. A total of fourteen respondents collection systems in environments Five of these respondents indicated that supplied other comments covering a where many of them are no longer there would be either minimal or no wide range of topics in addition to those structured along traditional trust additional time or cost involved. The detailed above. One objected to the business or reporting lines. Most other five respondents gave cost inclusion of allocated expenses as well respondents of all sizes indicated that estimates for preparing the new as to the amount of detail required for required income and expense schedule along with time commitments settlements, surcharges, and other information was available, but that it ranging from one hour to 48 hours per losses. Another respondent, however, might need to be reformatted to be used year. felt that there should be a more detailed for reporting in the proposed schedule Seven commenters expressed breakdown of expenses. One respondent and that the reporting burden in years opinions about the fourth issue for suggested that a threshold level should after the first year would diminish which comment was requested—the be used for the reporting of losses so significantly. Several respondents feasibility of providing the information that small items would be eliminated. indicated that, while available, expense in the proposed schedule for the Another respondent felt that the information might not be meaningful calendar year ending December 31, proposed single item on total non- due to the wide variety of indirect 1996. Four of these commenters fiduciary income, which would be expense allocation formulas in use indicated that this would not present applicable to non-deposit trust throughout the industry. The any problem for them since the companies only, should be eliminated settlements, surcharges, and other losses information is already available, with completely since it is often only an portion of the proposed schedule one stating that most banking estimate. On the other hand, one generated six comments indicating that institutions already produce the commenter felt that this item should be manual collection procedures would requested information in a similar expanded to detail all types of non- have to be utilized because of the format. Two commenters indicated that fiduciary income. unique nature of this information. The the schedule would not present any confidentiality of the Schedule E data problem for them, provided that they Final Action was a concern of several respondents. were given sufficient lead time. They After reviewing the comments The first issue for which comments noted that sufficient lead time would received and giving further were specifically requested—the perhaps be 12 months. One respondent consideration to the issues involved, on availability of the information proposed stated that there would be no problem December 15, 1995, the FFIEC approved to be collected—elicited comments from with supplying the information with the the addition of Schedule E to the 13 respondents. Eleven of these exception of the proposed data on Annual Report of Trust Assets (form indicated that the information was settlements, surcharges, and other FFIEC 001), effective for the December already available, although three stated losses. 31, 1996, report date. All banks, savings that it would have to be obtained Nine respondents expressed opinions associations, and trust companies manually. Only two respondents on the fifth issue for which comment engaged in trust activities were directly indicated that none of the information was requested—the proposed reporting notified of the FFIEC’s decision on to be collected in the proposed schedule threshold for depository institutions of December 28, 1995, in Financial Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46647

Institutions Letter (FIL) 85–95. Copies of Finally, in recognition of the limited gross trust fee income of $10.8 billion FIL–85–95 may be obtained from the amount of time between the date of the was nearly 20 percent of noninterest FDIC’s Office of Corporate FFIEC’s final action and the beginning income in 1994, and this dollar amount Communications, Public Information of the initial calendar year for which was 83 percent higher than the $5.9 Center, 801 17th Street, N.W., trust income statement data must be billion in trust fee income earned in Washington, D.C. 20434–0001, (202) compiled, i.e, January 1, 1996, the 1989. 416–6940. FFIEC decided that institutions may As proposed, the new trust income report reasonable estimates in Schedule Paperwork Reduction Act statement must be completed only by E for 1996 if the requested information those depository institutions with $100 is not readily available. Institutions In accordance with the Paperwork million or more in total trust assets and were advised of this decision in FIL–85– Reduction Act of 1995 (44 U.S.C. by all nondeposit trust companies. Also 95. chapter 35), the current Annual Report as proposed, the information reported In approving the trust income of Trust Assets required from those by individual institutions in Schedule E reporting requirement, the Examination institutions with trust powers and under will not be publicly available, but Council noted that the trust activities of the supervision of one of the agencies aggregate data will be included in federally-supervised financial has been submitted to, and approved by, ‘‘Trust Assets of Financial Institutions,’’ institutions have grown substantially in the U.S. Office of Management and which is published annually by the recent years, both in terms of the types Budget (OMB). (OMB Control Numbers: FFIEC. and volume of assets administered and for the Board, 7100–0031; for the OCC, However, the version of Schedule E the variety and sophistication of 1557–0127; for the FDIC, 3064–0024; adopted by the FFIEC incorporates investment services offered. Trust assets and for the OTS, 1550–0026.) Each of changes made to the proposal to address administered by the industry have the agencies is submitting the Annual commenters’ concerns about reporting grown by 74 percent over the five years Report of Trust Assets, revised to burden. First, the proposed breakdown from 1989 to 1994, including increases include Schedule E, ‘‘Fiduciary Income of settlements, surcharges, and other of 12 percent from 1992 to 1993 and 10 Statement,’’ to OMB for its review. losses by type of loss, i.e., Investment, percent from 1993 to 1994. At year-end Administrative, and Operational Losses, 1994, 2,892 institutions administered Schedule E and its accompanying was eliminated. Second, a threshold of total trust assets of $11.6 trillion, with (draft) instructions are illustrated as $100,000 was established for reporting the 886 institutions with $100 million follows: the breakdown of losses incurred by or more in trust assets holding more Dated: August 29, 1996. type of fiduciary activity. Thus, only if than 99 percent of this total. Trust Joe M. Cleaver, an institution’s aggregate losses are activities have also been an important greater than $100,000 in any year must source of fee income for financial Executive Secretary, Federal Financial Institutions Examination Council. individual losses greater than $10,000 institutions with trust powers. For the be reported by type of fiduciary activity. 50 largest bank holding companies, BILLING CODE 6210±01±P 46648 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

BILLING CODE 6210±01±C Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46649

Annual Report of Trust Assets—Form FFIEC 2. Expenses line should then agree to the total of the 001 Specific Instructions 2(a) Salaries and Employee Benefits details shown in that box. Schedule E—Fiduciary Income Statement Include salaries, bonuses, hourly wages, 3(b) Recoveries to Reported Losses Who Must Report: This Schedule must be overtime pay, and incentive pay for officers Show all recoveries received on reported completed by each financial institution with and employees of the trust department. If losses, including recoveries on prior years’ more than $100 million in Total Trust Assets officers or employees spend only a portion of losses. their time in the trust department, allocate as reported on Schedule A (Line 18, Column 3(c) Net Settlements, Surcharges & Losses F). In addition, all non-deposit trust that proportional share of their salaries and employee benefits. Expenses associated with companies, whether or not they report any Line 3(a) less 3(b). employee benefit plans (pension, profit- assets on Schedule A, must also file Schedule sharing, 401(k), ESOP, etc.), health and life 4. Net Operating Income (Loss) E. Institutions which are not required to file insurance, Social Security and Line 1(g) minus lines 2(d) and 3. If the Schedule E are encouraged to file it on a unemployment taxes, tuition reimbursement, voluntary basis. result is less than zero, the figure should be and all other so-called fringe benefits, should shown in parentheses. Public Availability of Schedule E: The be included on this line. information on Schedule E is confidential 5. Credit For Own-Institution Deposits and will not be publicly available. The (b) Other Direct Expense aggregate information will be included in the In general, direct expenses are immediately Uninvested cash belonging to fiduciary annual FFIEC publication, Trust Assets of identifiable as costs expended for and under accounts is available to the commercial Financial Institutions. the control of the trust function. These banking side of the institution for Instructions: Institutions filing Schedule E include expenses related to the use of trust investment, trust functions are often given must complete all portions of the Schedule. premises, furniture, fixtures, and equipment, credit for the use of these monies. When this Enter a zero on any line item that does not as well as depreciation/amortization, credit is given to the trust department or trust apply to your institution. ordinary repairs and maintenance, service or company as part of the bank’s profit tracking maintenance contracts, utilities, lease or system, it should be reported on line 5. Do 1. Gross Fees, Commission and Other rental payments, insurance coverage, and real not include actual interest earned on Fiduciary Income estate and other property taxes if they are fiduciary funds on deposit, as this income directly chargeable to the trust function. 1(a through e) Trust and Agency Accounts would normally belong to the fiduciary Gross fees, commissions and other 2(c) Allocated Indirect Expense account. fiduciary income data is to be reported by Allocated indirect expenses are those line of business. Please refer to the charged to the trust function from other 6. Net Trust Income (Loss) instructions for Schedules A and C for departments of the institution as reflected in Report the total amount of trust income or guidance in defining these lines of business. the institution’s internal management loss, prior to any income taxes, experienced For employee benefit trust accounts, see accounting system. These include any by the trust function for the full year. The Schedule A, column A; for personal trust & allocation for the trust function’s number for this line is the result of adding estate accounts, see Schedule A, columns B proportionate share of corporate expenses line 5 to the sub-total shown on line 4. If the that cannot be directly charged to particular and C; for other agency accounts, see total on line 6 is less than zero, the resulting departments or functions. If the institution’s Schedule A, column E; and for corporate figure should be shown in parentheses. trust and agency accounts, see Schedule C. internal accounting system is not able to Fees received for IRA, Keogh Plan or other provide this information, the institution may 7. Settlements, Surcharges & Other Losses accounts that are not administered by the use a reasonable alternate method to estimate indirect expenses. This box should only be completed where trust department should be excluded from total settlements, surcharges and other losses this Schedule. If these accounts require the Indirect expenses include audit and examination fees, marketing, charitable for the reporting year on line 3(a) are bank to have trust powers, then their fees $100,000 or more. If they are, report should be reported on this Schedule. contributions, customer parking, holding company overhead, and, in many cases, individual gross losses of $10,000 or ore on 1(f) All Other Fiduciary Income functions such as personnel, corporate lines (a) through (j). Report individual gross Report all other direct income derived from planning, and corporate financial staff. Other losses of less than $10,000 on line (j). These other fiduciary sources not included in any indirect expenses include the trust function’s amounts should not be shown net of any of the above categories (e.g. 12b–1 fees and proportionate share of building rent or recoveries or insurance payments. Legal income from providing fiduciary services depreciation, utilities, real estate taxes, and expenses should be included on line 2(b) or under agreement with another institution). insurance. 2(c). Do not include contingent liabilities Include all internal allocations of income to If no direct expense is shown for related to outstanding litigation. the trust function (such as transfer agent or occupancy on line 2(b) and the institution’s Report settlements, surcharges, and other internal accounting system does not provide pension plan administration credits), except losses arising from errors, misfeasance or an allocated amount, an allocated occupancy for credits for deposits held in own or malfeasance according to the type of account expense based on proportionate floor space affiliated institutions, which are to be and capacity. The sum of lines 7(a) through reported on line 5. used by the trust function or some other reasonable alternate method should be 7(j) should equal the total shown on line 3(a) 1(g) Total Fiduciary Income shown on line 2(c). above. The total of lines 1(a) through 1(f). 2(d) Total Expense Memo Item to be Completed by Non-Deposit (It should be noted that banks with more Trust Companies Only than $100 million in commercial bank assets The total of lines 2(a) through 2(c). are required to itemize ‘‘Income from 3. Settlements, Surcharges & Other Losses 8. Non-Fiduciary Income fiduciary activities’’ in the quarterly FFIEC See the instructions for line 7 for Stand alone or non-deposit trust Report of Condition and Income (‘‘Call information about the reporting of companies, whose activities are limited to Report’’) on line 5(a) of Schedule RI. settlements, surcharges and other losses. providing fiduciary services, may have Instructions for fiduciary income to be 3(a) Gross Settlements, Surcharges & Other income not directly attributable to the reported on line 5(a) of Call Report Schedule furnishing of fiduciary services. This income RI differ from those for line 1(g) of this Losses should be reported on this line 8 as a memo Schedule with respect to allocated income. Report the total losses prior to any figure and should not be included in the data Consequently, banks should be aware that adjustments for recoveries. If the amount shown on lines 1 through 6. the amounts reported in these two items will shown on this line is $100,000 or more, a differ by the amount of such allocated breakdown of this amount should be shown [FR Doc. 96–22518 Filed 9–3–96; 8:45 am] income.) on line 7 below. The amount shown on this BILLING CODE 6210±01±P 46650 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

FEDERAL MARITIME COMMISSION Act of 1956 (12 U.S.C. 1841 et seq.) South LaSalle Street, Chicago, Illinois (BHC Act), Regulation Y (12 CFR Part 60690: Security for the Protection of the 225), and all other applicable statutes 1. Hometown Financial Group, Inc., Public, Indemnification of Passengers and regulations to become a bank Flanagan, Illinois; to become a bank for Nonperformance of Transportation; holding company and/or to acquire the holding company by acquiring 100 Notice of Filing an Application for assets or the ownership of, control of, or percent of the voting shares of Flanagan Certificate (Performance) the power to vote shares of a bank or State Bank, Flanagan, Illinois. bank holding company and all of the Notice is hereby given that the 2. Northern Trust Corporation, banks and nonbanking companies following have filed an application for Chicago, Illinois; to acquire 100 percent owned by the bank holding company, a Certificate of Financial Responsibility of the voting shares of Metroplex including the companies listed below. for Indemnification of Passengers for Bancshares, Inc., Dallas, Texas, and Nonperformance of Transportation The applications listed below, as well thereby indirectly acquire Metroplex pursuant to the provisions of Section 3, as other related filings required by the Delaware Financial Corporation, Dallas, Public Law 89–777 (46 U.S.C. § 817(e)) Board, are available for immediate Texas, and Bent Tree National Bank, and the Federal Maritime Commission’s inspection at the Federal Reserve Bank Dallas, Texas. implementing regulations at 46 CFR Part indicated. Once the application has C. Federal Reserve Bank of 540, as amended: been accepted for processing, it will also Minneapolis (Karen L. Grandstrand, be available for inspection at the offices Vice President) 250 Marquette Avenue, Royal Venture Cruise Line, Inc., 2727 of the Board of Governors. Interested Ulmerton Road, Clearwater, Florida Minneapolis, Minnesota 55480: persons may express their views in 1. Community First Bankshares, Inc., 34622 writing on the standards enumerated in Vessel: SUN VENTURE Fargo, North Dakota; to merge with the BHC Act (12 U.S.C. 1842(c)). If the Mountain Parks Financial Corp., Dated: August 29, 1996. proposal also involves the acquisition of Denver, Colorado, and thereby Joseph C. Polking, a nonbanking company, the review also indirectly acquire Mountain Parks Bank, Secretary. includes whether the acquisition of the Denver, Colorado. nonbanking company complies with the [FR Doc. 96–22497 Filed 9–3–96; 8:45 am] 2. Jorgenson Holding Company, BILLING CODE 6730±01±M standards in section 4 of the BHC Act, including whether the acquisition of the Kenmare, North Dakota; to acquire 100 nonbanking company can ‘‘reasonably percent of the voting shares of First National Bancshares, Inc., Williston, Ocean Freight Forwarder License be expected to produce benefits to the North Dakota, and thereby indirectly Applicants public, such as greater convenience, increased competition, or gains in acquire First National Bank & Trust Notice is hereby given that the efficiency, that outweigh possible Company of Williston, Williston, North following applicants have filed with the adverse effects, such as undue Dakota. Federal Maritime Commission concentration of resources, decreased or D. Federal Reserve Bank of Kansas applications for licenses as ocean freight unfair competition, conflicts of City (John E. Yorke, Senior Vice forwarders pursuant to section 19 of the interests, or unsound banking practices’’ President) 925 Grand Avenue, Kansas Shipping Act of 1984 (46 U.S.C. app. (12 U.S.C. 1843). Any request for City, Missouri 64198: 1718 and 46 CFR part 510). a hearing must be accompanied by a 1. Central Financial Corporation, Persons knowing of any reason why statement of the reasons a written Hutchinson, Kansas, and Mesquite any of the following applicants should presentation would not suffice in lieu of Financial Corporation, Mequite, not receive a license are requested to a hearing, identifying specifically any Nevada; to acquire 52.25 percent of the contact the Office of Freight Forwarders, questions of fact that are in dispute, voting shares of Mesquite Financial Federal Maritime Commission, summarizing the evidence that would Corporation, Mesquite, Nevada, and Washington, DC 20573. be presented at a hearing, and indicating thereby indirectly acquire Mesquite AGS International Forwarders, Inc., how the party commenting would be State Bank (in organization), Mesquite, 1092 W. Baltimore Pike, West Grove, aggrieved by approval of the proposal. Nevada. PA 19390. Officers: Andreas G. Unless otherwise noted, nonbanking E. Federal Reserve Bank of Dallas Steinmetz, President, Silke Steinmetz, activities will be conducted throughout (Genie D. Short, Vice President) 2200 Secretary the United States. North Pearl Street, Dallas, Texas 75201- American Pacific Cargo Inc., 875 Mahler Unless otherwise noted, comments 2272: Road, Suite 202, Burlingame, CA regarding each of these applications 1. MainBancorp, Inc., Austin, Texas; 94010. Officer: Sam Wong, President must be received at the Reserve Bank to become a bank holding company by Dated: August 29, 1996. indicated or the offices of the Board of acquiring 100 percent of the voting Joseph C. Polking, Governors not later than September 27, shares of Maincorp Intermediate 1996. Holding Company, Inc., Wilmington, Secretary. A. Federal Reserve Bank of Atlanta Delaware, and thereby indirectly [FR Doc. 96–22498 Filed 9–3–96; 8:45 am] (Zane R. Kelley, Vice President) 104 acquire ROSB Bancorp, Inc., Red Oak, BILLING CODE 6730±01±M Marietta Street, N.W., Atlanta, Georgia Texas, and MainBank, Red Oak, Texas. 30303: In connection with this application, 1. Hibernia Corporation, New Maincorp Intermediate Holding FEDERAL RESERVE SYSTEM Orleans, Louisiana; to merge with Company, Inc., Wilmington, Delaware, Formations of, Acquisitions by, and Texarkana National Bancshares, Inc., also has applied to become a bank Mergers of Bank Holding Companies Texarkana, Texas, and thereby holding company by acquiring 100 indirectly acquire Texarkana National percent of the voting shares of ROSB The companies listed in this notice Bank, Texarkana, Texas. Bancorp, Inc., Red Oak, Texas, and have applied to the Board for approval, B. Federal Reserve Bank of Chicago thereby indirectly acquire MainBank, pursuant to the Bank Holding Company (James A. Bluemle, Vice President) 230 Red Oak, Texas. Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46651

Board of Governors of the Federal Reserve 1. Sun Bancorp, Inc., Selinsgrove, Board of Governors of the Federal Reserve System, August 28, 1996. Pennsylvania; to engage de novo System, August 28, 1996. William W. Wiles through its subsidiary, Anthony Court William W. Wiles Secretary of the Board Associates, L.P., Bloomsburg, Secretary of the Board [FR Doc. 96–22469 Filed 9-3-96; 8:45 am] Pennsylvania, in community [FR Doc. 96–22470 Filed 9-3-96; 8:45 am] BILLING CODE 6210-01-F development activities, pursuant to § BILLING CODE 6210-01-F 225.25(b)(6) of the Board’s Regulation Y. Notice of Proposals to Engage in B. Federal Reserve Bank of Chicago (James A. Bluemle, Vice President) 230 DEPARTMENT OF HEALTH AND Permissible Nonbanking Activities or HUMAN SERVICES to Acquire Companies that are South LaSalle Street, Chicago, Illinois Engaged in Permissible Nonbanking 60690: Food and Drug Administration Activities 1. I.S.B. Financial Corp., Oak Forest, [Docket No. 96N±0266] The companies listed in this notice Illinois; to engage de novo in making have given notice under section 4 of the and servicing loans, pursuant to § Agency Information Collection Bank Holding Company Act (12 U.S.C. 225.25(b)(1) of the Board’s Regulation Y. Activities: Proposed New Collection; 1843) (BHC Act) and Regulation C. Federal Reserve Bank of St. Louis Comment Request Y, (12 CFR Part 225) to engage de novo, (Randall C. Sumner, Vice President) 411 AGENCY: Food and Drug Administration, or to acquire or control voting securities Locust Street, St. Louis, Missouri 63166: HHS. or assets of a company that engages 1. Farmers Capital Bank Corporation, ACTION: Notice. either directly or through a subsidiary or Frankfort, Kentucky; to engage de novo other company, in a nonbanking activity through its subsidiary, FCB Services, SUMMARY: The Food and Drug that is listed in § 225.25 of Regulation Frankfort, Kentucky, in providing data Administration (FDA) is announcing an Y (12 CFR 225.25) or that the Board has processing services to unaffiliated opportunity for public comment on the determined by Order to be closely proposed collection of certain related to banking and permissible for banks, including, but not limited to, general ledger, deposit systems, and information by the agency. Under the bank holding companies. Unless Paperwork Reduction Act of 1995, otherwise noted, these activities will be loan systems, pursuant to § 225.25(b)(7) of the Board’s Regulation Y. The Federal agencies are required to publish conducted throughout the United States. notice in the Federal Register geographic scope for these activities is Each notice is available for inspection concerning each proposed collection of Kentucky. at the Federal Reserve Bank indicated. information and to allow 60 days for Once the notice has been accepted for 2. Mountain Bancshares, Inc., public comment in response to the processing, it will also be available for Yellville, Arkansas; to engage de novo notice. This notice solicits comments on inspection at the offices of the Board of through its subsidiary, The Bank of a proposed survey of operating room Governors. Interested persons may Yellville Financial Services, Yellville, nurse managers at health care facilities. express their views in writing on the Arkansas, in tax planning and The purpose of the survey is to estimate question whether the proposal complies preparation to be provided to the proportion of the population at risk with the standards of section 4 of the individuals, businesses, corporations from the use of adhesive-backed tape to BHC Act, including whether and nonprofit organizations, pursuant to mark surgical instruments. consummation of the proposal can § 225.25(b)(21) of the Board’s DATES: Submit written comments on the ‘‘reasonably be expected to produce collection of information by November benefits to the public, such as greater Regulation Y. The geographic scope for 4, 1996. convenience, increased competition, or these activities is Marion County, ADDRESSES: Submit written comments gains in efficiency, that outweigh Arkansas and contiguous counties. on the collection of information to the possible adverse effects, such as undue D. Federal Reserve Bank of Dockets Management Branch (HFA– concentration of resources, decreased or Minneapolis (Karen L. Grandstrand, 305), Food and Drug Administration, unfair competition, conflicts of Vice President) 250 Marquette Avenue, 12420 Parklawn Dr., rm. 1–23, interests, or unsound banking practices’’ Minneapolis, Minnesota 55480: Rockville, MD 20857. All comments (12 U.S.C. 1843). Any request for a 1. Citizens Development Company, should be identified with the docket hearing on this question must be Billings Montana; to engage de novo in number found in brackets in the accompanied by a statement of the data processing services, pursuant to § heading of this document. reasons a written presentation would 225.25(b)(7) of the Board’s Regulation Y. not suffice in lieu of a hearing, FOR FURTHER INFORMATION CONTACT: identifying specifically any questions of The geographic scope of this activity is Charity B. Smith, Office of Information fact that are in dispute, summarizing the Iroquois, South Dakota. Resources Management (HFA–250), evidence that would be presented at a E. Federal Reserve Bank of Dallas Food and Drug Administration, 5600 hearing, and indicating how the party (Genie D. Short, Vice President) 2200 Fishers Lane, rm. 16B–19, Rockville, commenting would be aggrieved by North Pearl Street, Dallas, Texas 75201- MD 20857, 301–827–1686. approval of the proposal. 2272: SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 (the Unless otherwise noted, comments 1. Plains Capital Corporation, regarding the applications must be PRA), 44 U.S.C. 3501–3520, Federal Lubbock, Texas; to engage de novo received at the Reserve Bank indicated agencies must obtain approval from the through its subsidiary, Plains Service or the offices of the Board of Governors Office of Management and Budget not later than September 17, 1996. Corporation, Lubbock, Texas, in data (OMB) for each collection of A. Federal Reserve Bank of processing, pursuant to § 225.25(b)(7) of information they conduct or sponsor. Philadelphia (Michael E. Collins, Senior the Board’s Regulation Y. The ‘‘Collection of information’’ is defined Vice President) 100 North 6th Street, geographic scope for this activity is in 44 U.S.C. 3502(3) and 5 CFR Philadelphia, Pennsylvania 19105: Texas and New Mexico. 1320.3(c) and includes agency requests 46652 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices or requirements that members of the Surgical Instrument Marking Tape population at risk from this practice, public submit reports, keep records, or Survey and to determine if use of operating provide information to a third party. The mandate of FDA’s Center for room nurse managers as proxies for Section 3506(c)(2)(A) of the PRA (44 Devices and Radiological Health under sampling health care facilities for this U.S.C. 3506(c)(2)(A)) requires Federal the authority of the Federal Food, Drug, purpose is effective. In addition, data agencies to provide a 60-day notice in and Cosmetic Act (the act) (21 U.S.C. will be collected to identify tape the Federal Register concerning each 301–395) and regulations contained in durability, extent of use, and whether proposed collection of information Title 21 of the Code of Federal there are any practices or procedures for before submitting the collection to OMB Regulations includes the approval and marking surgical instruments and/or for approval. To comply with this adequate labeling of medical devices. any human factors that could be altered requirement, FDA is publishing notice Section 903(b)(2)(c) of the act (21 U.S.C. to better protect the public health. of the proposed collection of 393(b)(2)(c)) authorizes FDA to conduct Labeling information will also be collected. information listed below. research relating to medical devices. The regulatory status of adhesive- The proposed randomized survey will With respect to the following backed, colored tape on medical devices be a one-time data collection effort. collection of information, FDA invites is under review by FDA. The tape is Completion of the survey is voluntary, comments on: (1) Whether the proposed frequently applied to medical devices, and anonymity of individuals and collection of information is necessary particularly surgical instruments, to institutions will be protected. Survey for the proper performance of FDA’s facilitate sorting. It may be considered results will be available to participants functions, including whether the an accessory to medical devices used in upon request. information will have practical utility; surgical treatment as defined by 21 CFR The only respondent burden will (2) the accuracy of FDA’s estimate of the 878.4800. derive from the time needed to respond burden of the proposed collection of There are two case reports in the literature in which adverse events are to survey questions. This will occur on information, including the validity of a one-time basis. The length of the the methodology and assumptions used; attributed to the use of adhesive-backed, colored tape to mark surgical screening portion (questions 1 to 7) is (3) ways to enhance the quality, utility, estimated at 5 minutes, and the full and clarity of the information to be instruments (Journal of Oral Maxillofacial Surgery, 41:687–688, survey length is estimated at an collected; and (4) ways to minimize the additional 25 minutes. Burden estimates burden of the collection of information 1983; and British Journal of Surgery, 74:696, 1987). Two additional adverse are based on the need to have 308 on respondents, including through the event reports have been submitted to surveys returned to achieve a use of automated collection techniques, FDA. statistically significant sampling. when appropriate, and other forms of The purpose of the survey is to FDA estimates the burden of this information technology. estimate the proportion of the collection of information as follows:

ESTIMATED ANNUAL REPORTING BURDEN

Annual Burden Element No. of Frequency per Total Annual Hours per Total Hours Respondents Response Responses Response

Screening Questions Only (30%) 92 1 92 0.083 7.63 Complete Survey (70%) 216 1 216 0.50 108 TOTAL 308 --- 115.63 There are no capital costs or operating and maintenance costs associated with this survey.

Dated: August 23, 1996. FDA has established an Advisory MEETING: The following advisory William K. Hubbard, Committee Information Hotline (the committee meeting is announced: Associate Commissioner for Policy hotline) using a voice-mail telephone Antiviral Drugs Advisory Committee Coordination. system. The hotline provides the public [FR Doc. 96–22441 Filed 9–3–96; 8:45 am] with access to the most current Date, time, and place. September 26, BILLING CODE 4160±01±F information on FDA advisory committee 1996, 1 p.m. and September 27, 1996, meetings. The advisory committee 8:30 a.m., Holiday Inn—Gaithersburg, hotline, which will disseminate current Goshen Ballroom, Two Montgomery Advisory Committee; Notice of Meeting information and information updates, Village Ave., Gaithersburg, MD. AGENCY: Food and Drug Administration, can be accessed by dialing 1–800–741– Type of meeting and contact person. HHS. 8138 or 301–443–0572. Each advisory Open committee discussion, September committee is assigned a 5-digit number. ACTION: Notice. 26, 1996, 1 p.m. to 3 p.m.; open public This 5-digit number will appear in each hearing, 3 p.m. to 3:30 p.m., unless SUMMARY: This notice announces a individual notice of meeting. The public participation does not last that forthcoming meeting of a public hotline will enable the public to obtain long; open committee discussion, 3:30 advisory committee of the Food and information about a particular advisory p.m. to 5 p.m.; open committee Drug Administration (FDA). This notice committee by using the committee’s 5- discussion, September 27, 1996, 8:30 also summarizes the procedures for the digit number. Information in the hotline a.m. to 11 a.m.; open public hearing, 11 meeting and methods by which is preliminary and may change before a a.m. to 12 m., unless public interested persons may participate in meeting is actually held. The hotline participation does not last that long; open public hearings before FDA’s will be updated when such changes are open committee discussion, 12 m. to advisory committees. made. 4:30 p.m.; Rhonda W. Stover, Center for Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46653

Drug Evaluation and Research (HFD– minimum rather than a maximum time 2), and FDA’s regulations (21 CFR part 21), Food and Drug Administration, for public participation, and an open 14) on advisory committees. 5600 Fishers Lane, Rockville, MD public hearing may last for whatever Dated: August 27, 1996. 20857, 301–443–5455, or FDA Advisory longer period the committee Michael A. Friedman, Committee Information Hotline, 1–800– chairperson determines will facilitate Deputy Commissioner for Operations. 741–8138 (301–443–0572 in the the committee’s work. Washington, DC area), Antiviral Drugs Public hearings are subject to FDA’s [FR Doc. 96–22485 Filed 9–3–96; 8:45 am] Advisory Committee, code 12531. guideline (subpart C of 21 CFR part 10) BILLING CODE 4160±01±F Please call the hotline for information concerning the policy and procedures concerning any possible changes. for electronic media coverage of FDA’s Bioresearch; Public Workshop General functions of the committee. public administrative proceedings, The committee reviews and evaluates including hearings before public AGENCY: Food and Drug Administration, available data concerning the safety and advisory committees under 21 CFR part HHS. effectiveness of marketed and 14. Under 21 CFR 10.205, ACTION: Notice of public workshop. investigational human drug products for representatives of the electronic media use in the treatment of acquired may be permitted, subject to certain immune deficiency syndrome (AIDS), SUMMARY: The Food and Drug limitations, to videotape, film, or Administration (FDA) (Office of AIDS-related complex (ARC), and other otherwise record FDA’s public viral, fungal, and mycobacterial Regulatory Affairs, Nashville District administrative proceedings, including Office, and the Center for Drug infections. presentations by participants. Agenda—Open public hearing. Evaluation and Research) is announcing Meetings of advisory committees shall a free public workshop on FDA Interested persons may present data, be conducted, insofar as is practical, in information, or views, orally or in regulatory requirements for the accordance with the agenda published bioresearch industry. The workshop is writing, on issues pending before the in this Federal Register notice. Changes committee. Those desiring to make designed to assist the industry in in the agenda will be announced at the formal presentations should notify the complying with regulations for clinical beginning of the open portion of a contact person before September 20, investigators, institutional review meeting. 1996, and submit a brief statement of boards, and sponsor-monitors. Any interested person who wishes to the general nature of the evidence or be assured of the right to make an oral DATES: The public workshop will be arguments they wish to present, the presentation at the open public hearing held on Tuesday, September 24, 1996, names and addresses of proposed from 8:45 a.m. to 4:45 p.m. participants, and an indication of the portion of a meeting shall inform the ADDRESSES: The public workshop will approximate time required to make their contact person listed above, either orally be held at the University of Alabama— comments. or in writing, prior to the meeting. Any Open committee discussion. On person attending the hearing who does Birmingham, University Hospital, 620 September 26, 1996, the committee will not in advance of the meeting request an South 19th St., Spain Wallace Bldg., discuss data relevant to the approved opportunity to speak will be allowed to Margaret Cameron Spain Auditorium, drug, saquinavir (InviraseTM, Hoffmann- make an oral presentation at the rm. S100, Birmingham, AL. La Roche), for use in combination with hearing’s conclusion, if time permits, at FOR FURTHER INFORMATION CONTACT: nucleoside analogues for the treatment the chairperson’s discretion. William H. Oates, FDA’s Nashville of human immunodeficiency virus The agenda, the questions to be District Office, 296 Plus Park Blvd., (HIV) infection. On September 27, 1996, addressed by the committee, and a Nashville, TN 37217, 615–781–5374 ext. the committee will discuss data relevant current list of committee members will 118, FAX 615–781–5391. to new drug application 20–705, be available at the meeting location on Those persons interested in attending delavirdine (Rescriptor, Pharmacia the day of the meeting. this meeting should FAX their and Upjohn Co.) for use in the treatment Transcripts of the open portion of the registration, including name(s), firm of HIV infection. meeting may be requested in writing name, address, telephone and FAX FDA public advisory committee from the Freedom of Information Office numbers, and any specific questions to meetings may have as many as four (HFI–35), Food and Drug William H. Oates (address above) by separable portions: (1) An open public Administration, 5600 Fishers Lane, rm. September 13, 1996. There is no hearing, (2) an open committee 12A–16, Rockville, MD 20857, registration fee for this workshop. Space discussion, (3) a closed presentation of approximately 15 working days after the is limited, therefore, interested parties data, and (4) a closed committee meeting, at a cost of 10 cents per page. are encouraged to register early. The transcript may be viewed at the deliberation. Every advisory committee SUPPLEMENTARY INFORMATION: FDA’s meeting shall have an open public Dockets Management Branch (HFA– survey of the bioresearch industry hearing portion. Whether or not it also 305), Food and Drug Administration, shows that many of these firms are includes any of the other three portions 12420 Parklawn Dr., rm. 1–23, either unaware of applicable regulations will depend upon the specific meeting Rockville, MD 20857, approximately 15 and guidelines or not in compliance involved. There are no closed portions working days after the meeting, between with applicable requirements. This for the meetings announced in this the hours of 9 a.m. and 4 p.m., Monday workshop is designed to assist the notice. The dates and times reserved for through Friday. Summary minutes of bioresearch industry in complying with the open portions of each committee the open portion of the meeting may be applicable regulations. meeting are listed above. requested in writing from the Freedom The open public hearing portion of of Information Office (address above) Dated: August 23, 1996. each meeting shall be at least 1 hour beginning approximately 90 days after William K. Hubbard, long unless public participation does the meeting. Associate Commissioner for Policy not last that long. It is emphasized, This notice is issued under section Coordination. however, that the 1 hour time limit for 10(a)(1) and (a)(2) of the Federal [FR Doc. 96–22442 Filed 9–3–96; 8:45 am] an open public hearing represents a Advisory Committee Act (5 U.S.C. app. BILLING CODE 4160±01±F 46654 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

Food And Drug Administration Food and Drug Administration investigations covered by an investigational new drug application Open Meeting for Representatives of Investigational Biological Product (IND). When a proposed study is placed Health Professional Organizations Trials; Procedure to Monitor Clinical on clinical hold, subjects may not be Hold Process; Meeting of Review given the investigational drug or AGENCY: Food and Drug Administration, Committee and Request for biologic as part of that study. When an HHS. Submissions ongoing study is placed on clinical hold, no new subjects may be recruited AGENCY: ACTION: Notice of public meeting. Food and Drug Administration, to the study and placed on the HHS. investigational drug or biologic, and SUMMARY: The Food and Drug ACTION: Notice. patients already in the study should Administration (FDA) is announcing a stop receiving therapy involving the SUMMARY: The Food and Drug public meeting for representatives of investigational drug or biologic unless Administration (FDA) is announcing a FDA specifically permits it. health professional organizations. The meeting of its clinical hold review meeting will be chaired by Sharon When FDA concludes that there is a committee, which reviews the clinical deficiency in a proposed or ongoing Smith Holston, Deputy Commissioner hold orders that the Center for Biologics for External Affairs, FDA. This meeting clinical trial that may be grounds for Evaluation and Research (CBER) has ordering a clinical hold, ordinarily FDA will provide participants an opportunity placed on certain investigational to hear a discussion on the prevention will attempt to resolve the matter biological product trials. FDA is inviting through informal discussions with the of errors in the use of medications and any interested biological product sponsor. If that attempt is unsuccessful, other medical products. company to use this confidential a clinical hold may be ordered by or on DATES: The meeting will be held on mechanism to submit to the committee behalf of the director of the division that Monday, September 30, 1996, from 1:30 for its review the name and number of is responsible for the review of the IND. p.m. to 4:30 p.m. any investigational biological product FDA regulations in § 312.48 provide trial placed on clinical hold during the dispute resolution mechanisms through ADDRESSES: The meeting will be held at past 12 months that the company wants which sponsors may request the Hyatt Regency Hotel, One Bethesda the committee to review. reconsideration of clinical hold orders. Metro Center, Bethesda, MD. Interested DATES: The meeting will be held in The regulations encourage the sponsor persons may register with Betty November 1996. Biological product to attempt to resolve disputes directly Palsgrove at 301–443–1652. Registration companies may submit review requests with the review staff responsible for the also may be transmitted by FAX to 1– for the November meeting by October 1, review of the IND. If necessary, the 800–344–3332 or 301–443–2446. 1996. sponsor may request a meeting with the ADDRESSES: Submit clinical hold review review staff and management to discuss FOR FURTHER INFORMATION CONTACT: the clinical hold. Peter H. Rheinstein, Office of Health requests to Amanda Bryce Norton, FDA Chief Mediator and Ombudsman, Office CBER began a process to evaluate the Affairs (HFY–40), Food and Drug consistency and fairness of practices in Administration, 5600 Fishers Lane, of the Commissioner (HF–7), Food and Drug Administration, 5600 Fishers ordering clinical holds by instituting a Rockville, MD 20857, 301–443–5470. Lane, rm. 14–105, Rockville, MD 20857, review committee to review clinical SUPPLEMENTARY INFORMATION: The 301–827–3390. holds (see 61 FR 1033, January 11, purpose of the meeting is to provide an 1996). CBER held its first clinical hold FOR FURTHER INFORMATION CONTACT: Joy review committee meeting on May 17, opportunity for representatives of health A. Cavagnaro, Center for Biologics 1995, and plans to conduct further professional organizations and other Evaluation and Research (HFM–4), Food quality assurance oversight of the IND interested persons to be briefed by and Drug Administration, 1401 process. The committee last met in May senior FDA staff and to provide an Rockville Pike, Rockville, MD 20852– 1996. The review procedure of the opportunity for informal discussion and 1448, 301–827–0379. committee is designed to afford an comment on the prevention of errors in SUPPLEMENTARY INFORMATION: FDA opportunity for a sponsor who does not the use of medications and other regulations in part 312 (21 CFR part wish to seek formal reconsideration of a medical products. 312) provide procedures that govern the pending clinical hold to have that This public meeting is free of charge; use of investigational new drugs and clinical hold considered however, space is limited. Registration biologics in human subjects. If FDA ‘‘anonymously.’’ The committee for the meeting will be accepted in the determines that a proposed or ongoing consists of senior managers of CBER, a order received, and should be sent to study may pose significant risks for senior official from the Center for Drug the contact person listed above. human subjects or is otherwise seriously Evaluation and Research, and the FDA deficient, as discussed in the Registration should include the name Chief Mediator and Ombudsman. investigational new drug regulations, it and title of the person attending and the Clinical holds to be reviewed will be may order a clinical hold on the study. chosen randomly. In addition, the name of the organization being The clinical hold is one of FDA’s committee will review some of the represented, if any. primary mechanisms for protecting clinical holds proposed for review by Dated: August 23, 1996. subjects who are involved in biological product sponsors. In general, William K. Hubbard, investigational new drug or biologic a biological product sponsor should trials. Section 312.42 describes the consider requesting review when it Associate Commissioner for Policy grounds for ordering a clinical hold. Coordination. disagrees with FDA’s scientific or A clinical hold is an order that FDA procedural basis for the decision. [FR Doc. 96–22444 Filed 9–3–96; 8:45 am] issues to a sponsor to delay a proposed Requests for committee review of a BILLING CODE 4160±01±F investigation or to suspend an ongoing clinical hold should be submitted to the investigation. The clinical hold may be FDA Chief Mediator and Ombudsman, ordered on one or more of the who is responsible for selecting clinical Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46655 holds for review. The committee and (HCFA), Department of Health and Health Resources and Services CBER staff, with the exception of the Human Services, has submitted to the Administration FDA Chief Mediator and Ombudsman, Office of Management and Budget are never advised, either in the review (OMB) the following proposal for the Agency Information Collection process or thereafter, which of the collection of information. Interested Activities: Submission for OMB clinical holds were randomly chosen persons are invited to send comments Review; Comment Request and which were submitted by sponsors. regarding the burden estimate or any The committee will evaluate the other aspect of this collection of Periodically, the Health Resources selected clinical holds for scientific information, including any of the and Services Administration (HRSA) content and consistency with FDA following subjects: (1) The necessity and publishes abstracts of information regulations and CBER policy. utility of the proposed information collection requests under review by the The meetings of the review committee collection for the proper performance of Office of Management and Budget, in are closed to the public because the agency’s functions; (2) the accuracy compliance with the Paperwork committee discussions deal with of the estimated burden; (3) ways to Reduction Act of 1995 (44 U.S.C. confidential commercial information. enhance the quality, utility, and clarity Chapter 35). To request a copy of the Summaries of the committee of the information to be collected; and clearance requests submitted to OMB for deliberations, excluding confidential (4) the use of automated collection commercial information, may be techniques or other forms of information review, call the HRSA Reports requested in writing from the Freedom technology to minimize the information Clearance Office on (301)–443–1129. of Information Office (HFI–35), Food collection burden. The following request has been and Drug Administration, 5600 Fishers Type of Information Collection submitted to the Office of Management Lane, rm. 12A–16, Rockville, MD 20857, Request: Reinstatement, with change, of and Budget for review under the approximately 15 working days after the a previously approved collection for Paperwork Reduction Act of 1995: meeting, at a cost of 10 cents per page. which approval has expired; Title of Health Professions Student Loan If the status of a clinical hold changes Information Collection: Criteria for (HPSL) and Nursing Student Loan (NSL) following the committee’s review, the Medicare Coverage of Heart Transplants; Programs—Forms (OMB No. 0915– appropriate division will notify the Form No.: HCFA–R–106; Use: Medicare sponsor. participating hospitals must file an 0044)—Extension and Revision—The FDA invites biological product application to be approved for coverage HPSL Program provides long-term, low- companies to submit to the FDA Chief and payment of heart transplants interest loans to students attending Mediator and Ombudsman the name performed on Medicare beneficiaries. schools of medicine, osteopathic and IND number of any investigational Frequency: Annually; Affected Public: medicine, dentistry, veterinary biological product trial that was placed Business or other for-profit; Number of medicine, optometry, podiatric on clinical hold during the past 12 Respondents: 5; Total Annual medicine, and pharmacy. The NSL months that they want the committee to Responses: 5; Total Annual Hours Program provides long-term, low- review at its November 1996 meeting. Requested: 500. interest loans to students who attend Submissions should be made by October To request copies of the proposed eligible schools of nursing in programs 1, 1996, to Amanda Bryce Norton, FDA paperwork collections referenced above, leading to a diploma in nursing, an Chief Mediator and Ombudsman E-mail your request, including your associate degree, a baccalaureate degree, (address above). address, to [email protected], or call or a graduate degree in nursing. the Reports Clearance Office on (410) Dated: August 23, 1996. Participating HPSL and NSL schools are 786–1326. Written comments and responsible for determining eligiblity of William K. Hubbard, recommendations for the proposed applicants, making loans, and collecting Associate Commissioner for Policy information collections should be sent monies owed by borrowers on their Coordination. within 30 days of this notice directly to [FR Doc. 96–22443 Filed 9–3–96; 8:45 am] the OMB Desk Officer designated at the outstanding loans. The Deferment form BILLING CODE 4160±01±F following address: OMB Human (HRSA Form 519) provides the schools Resources and Housing Branch, with documentation of a borrower’s Attention: Allison Eydt, New Executive eligibility for deferment. The Annual Health Care Financing Administration Office Building, Room 10235, Operating Report (AOR—HRSA Form [R±106] Washington, D.C. 20503. 501) provides the Federal Government with information from participating Dated: August 26, 1996. Agency Information Collection schools relating to HPSL & NSL program Edwin J. Glatzel, Activities: Submission for OMB operations and financial activities. The Review; Comment Request Director, Management Planning and Analysis Staff, Office of Financial and Human AOR is submitted electronically. In compliance with the requirement Resources, Health Care Financing The estimated annual reponse burden of section 3506(c)(2)(A) of the Administration. is as follows: Paperwork Reduction Act of 1995, the [FR Doc. 96–22456 Filed 9–03–96; 8:45 am] Health Care Financing Administration BILLING CODE 4120±3±P

Responses Form Number of re- per respond- Hours per re- Total annual spondents ent spondent hour burden

Deferment-519 ...... 10,375 1 10 min...... 1,729 AOR±501 ...... 1,178 1 4 hrs...... 4,712

Total ...... 11,553 ...... 6,441 46656 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

Three additional forms were made under the program authority of Resources and Services Administration, previously approved under the OMB Section 2691 of the Public Health 5600 Fishers Lane, Room 7A–08, number cited above. These forms have Service Act, as amended by the Ryan Rockville, MD 20857. The telephone been discontinued for the following White CARE Act Amendments of 1996, number is (301) 443–3496 or (301) 443– reasons: Public Law 104–146, dated May 20, 9976 and the FAX number is (301) 594– HRSA–514, HPSL & NSL Application 1996. 2511. to Participate: This form was used by HRSA is limiting competition among OTHER GRANT INFORMATION: schools to apply to participate in the those ten (10) currently funded Special programs. Because there have been no Projects of National Significance (SPNS) Certification Regarding program appropriations for several Program Adolescent-focused HIV Environmental Tobacco Smoke: The years, and the schools are operating the Service Delivery and Care Public Health Service strongly program only with revolving loan funds, Demonstration Model grants that were encourages all grant and contract the application form is no longer used. initially funded in fiscal years (FY) 1992 recipients to provide a smoke-free HRSA 518, Request for Postponement and 1993 for three years; including: Bay workplace and to promote the non-use of Installment Payment, and HRSA 520, Area Young Positives, San Francisco, of all tobacco products. In addition, Request for Partial Cancellation of Loan: CA; Children’s Hospital of Boston, Public Law 103–227, the Pro-Children These forms, which were used by Boston HAPPENS Program, Boston, MA; Act of 1994, prohibits smoking in borrowers to request cancellation or Children’s Hospital of Los Angeles, certain facilities (or in some cases, any postponement of their student loan Division Of Adolescent Medicine, Los portion of a facility) in which regular or payments in return for service as a Angeles, CA; Greater Bridgeport routine education, library, day care, Registered Nurse, are no longer needed. Adolescent Pregnancy Project, TOPS health care or early childhood The NSL cancellation provision for Program, Bridgeport, CT; Health development services are provided to service as a Registered Nurse has been Initiatives for Youth, Youth children. repealed for loans made on or after Empowerment Services Project, San (OMB Catalog of Federal Domestic September 29, 1979. There are now no Francisco, CA; Indiana State Assistance: The number for the Special students eligible for these benefits. Department of Health/Indiana Youth Projects of National Significance is 93.928.) Written comments and Access Project, Indianapolis, IN; Dated: August 27, 1996. recommendations concerning the University of Alabama at Birmingham, Ciro V. Sumaya, proposed information collection should Division of Adolescent Medicine, Administrator. be sent within 30 days of this notice to: Birmingham, AL; University of [FR Doc. 96–22431 Filed 9–3–96; 8:45 am] Virginia Huth, Human Resources and Minnesota Youth & AIDS Project, BILLING CODE 4160±15±P Housing Branch, Office of Management Minneapolis, MN; Walden House, Inc., and Budget, New Executive Office Adolescent Planetree Program, San Building, Room 10235, Washington, Francisco, CA; and YouthCare, Program Announcement for a D.C. 20503. Adolescent Health Promotion Program, Cooperative Agreement with a Dated: August 20, 1996. Seattle, WA. Professional Trade Association J. Henry Montes, Experience has taught the SPNS Representing Health Maintenance Associate Administrator for Policy Program that a minimum five year Organizations project period is required to maximize Coordination. The Health Resources and Services the opportunity to fully and [FR Doc. 96–22434 Filed 9–3–96; 8:45 am] Administration (HRSA) announces that comprehensively initiate, evaluate and BILLING CODE 4160±15±P applications will be accepted for a fiscal disseminate the models of HIV care year (FY) 1996 Cooperative Agreement developed by SPNS Program grantees. with a professional trade association Special Projects of National In their first three years of funding, representing health maintenance Significance; Adolescent-focused HIV these ten (10) adolescent-focused SPNS organizations. This activity will be Service Delivery and Care Program grantees have successfully supported under the authority of Title Demonstration Models identified a set of core characteristics III, Section 301, of the Public Health relating to the provision of services for AGENCY: Service Act. Approximately $125,000 is Health Resources and Services young people. Administration, HHS. available to fund one competitive GRANTS/AMOUNTS: This program ACTION: Notice of limited competition. cooperative agreement in FY 1996. The announcement is a contingency action project period will be three years. SUMMARY: The Health Resources and being taken to assure that should funds Services Administration (HRSA) become available in fiscal year (FY) Background announces a limited competition to 1997 for this purpose, grants can be Several years ago the Health support the completion and awarded in a timely fashion consistent Resources and Services Administration dissemination of innovative programs to with the needs of the program. It is (HRSA) in the Department of Health and advance knowledge and skills in the anticipated that a maximum of ten (10) Human Services (the Department) delivery of health and support services projects will be approved and funded became aware of the low numbers of for adolescents at high risk for infection for fiscal year (FY) 1997. All budget minority health administrators in health or who are living with HIV disease. The periods for funded projects will begin maintenance organizations and other purpose of the Special Projects of on December 1, 1996. Project periods managed care systems in the United National Significance (SPNS) Program is will be for two years. States. In response to this concern, to demonstrate innovative and FOR FURTHER INFORMATION CONTACT: HRSA supported the development of a replicable service delivery models of Additional information may be obtained Health Management Training Institute HIV care, to conduct rigorous from Mr. Russell E. Brady, Project for Minorities in Health Maintenance evaluations on the models proposed, Officer, SPNS Branch, Office of Science Organizations which has been and to disseminate the project findings and Epidemiology, Bureau of Health demonstrated in the Baltimore- and lessons learned. Awards will be Resources Development, Health Washington area. Since July 1993, 28 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46657

Fellows have graduated from this During phases one and two, the Substantial Federal Programmatic management training program. Of these cooperative agreement shall be designed Involvement Fellows, less than one-third are of to include activities such as: The Cooperative Agreement Hispanic or Asian American origin. 1. Continuation of the Minority mechanism is being used for this project Therefore, to increase the diversity of Training program in the Baltimore- to allow for substantial Federal potential managers and administrators Washington area. programmatic involvement with the in the managed health care field, the 2. Continuation of an Advisory Board planning, development, administration, Department proposes to expand to monitor implementation of the and evaluation of the minority minority management training to the training program. management training program. southwest region of the United States. 3. Monitoring of the knowledge, skills Substantial Federal programmatic Purpose and abilities/attitudes required of involvement will occur through Federal minority health managers working in membership on the Advisory Board The principal objectives of the the managed care field. representing the Health Resources and cooperative agreement are to support: 4. Assessment and refinement of the Services Administration, including the (1) the continuation of the Minority pedagogical methods used to implement Office of Minority Health and the Training Program in the Baltimore- the educational objectives of the Bureau of Health Professions. The Washington area; (2) the planning and management training program, e.g., Federal government will provide implementation of a model managerial, didactic lectures, role playing, on-the- additional assistance and advice in the fellowship training program in the job training with an experienced following areas: southwest region of the United States, mentor, etc. 1. Identification of emerging health and (3) the development and field 5. Recruitment and matriculation of at management practice issues in managed testing of a two to three week training least 12 Fellows for years two and three care settings. module designed to strengthen the of the project according to the plans 2. Identification of special needs of business communication and computer developed during the first year of the 3- minority population using coordinated skills of Fellows entering management year project period. health care systems, and how this might and administration positions in the 6. Assessment of health plans used for be reflected in the management training coordinated health care field. The experiential learning rotations in the program. training module should be field tested southwest region of the United States. 3. Identification of appropriate with a managerial training program 7. Development of working consultation for implementation of the located in the Baltimore-Washington relationships with accredited health training program. area. administration programs and health 4. Refinement of the educational The recipient will achieve these professions schools in the southwest objectives of the training program, objectives using a two-phase approach. region of the United States. including the business communication During year one, or the first phase of the 8. Development of relationships with and computer skills training module. project, the recipient will develop health plans willing to hire Fellows 5. Refinement of the educational detailed strategies for implementing at upon completion of the training methods to most appropriately convey least two approaches of the Minority program. the knowledge, skills, and attitudes Training Program in the southwest 9. Evaluation of the implemented contained in the educational objectives. region of the United States. The plan training program with the intent of 6. Development of appropriate must include, but not be limited to determining how to upgrade and refine linkages with academic institutions and strategies for: recruiting health plans to the program, and appraising the overall professional associations in the host Fellows; recruiting and selecting impact of the program, including the southwest region of the United States. Fellows; selecting preceptors and extent to which the program succeeded 7. Participation in the selection matching them with Fellows; selecting in placing Fellows in management and process for faculty, preceptors, and the faculty; coordinating activities with administration positions in the managed Fellows. other health-related organizations and health care field. 8. Participation in the review and health professions schools; and 10. Efforts to obtain substantial selection of contracts and agreements obtaining funding to sustain the private funding to support a Baltimore/ developed in implementing the project. program when federal support ceases. Washington-based project, as well as the 9. Participation in all appropriate The business communication and project in the southwest region of the meetings, committees, sub-committees computer training module shall also be United States. and working groups related to the developed, implemented, and field project. tested during the first year of the Eligibility project. The training module shall An entity eligible to apply for funding National Health Objectives for the Year include strategies for acquiring a set of under this Cooperative Agreement must: 2000 core competencies in computer usage 1. Be a recognized professional The HRSA urges applicants to submit and communication that are required for association representing health work plans that address specific successful employment in management maintenance organizations and other objectives of Healthy People 2000. and administration positions in the managed care plans, and Potential applicants may obtain a copy managed health care field. 2. Be headquartered in the of Healthy People 2000 (Full Report; The second phase of the project will Washington, D.C. metropolitan area. Stock No. 017–001–00474–0) or Healthy occur during years two and three of the The Washington, D.C. area is People 2000 (summary Report; Stock project. The recipient will implement specified because of the substantial No. 017–001000473–1) through the the minority management training involvement of Federal officials in Superintendent of Documents, program in the southwest region of the developing the training program, Government Printing Office, United States during the second phase proximity to Federal expertise, and Washington, D.C. 20402–9325 of the project. scarce Federal resources for travel. (Telephone 202–783–3238). 46658 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

Education and Service Linkage Ms. Gwendolyn B. Clark, Office of process. This forum will provide an As part of its long-range planning, Minority Health, Health Resources and opportunity for presentation of public HRSA will be targeting its efforts to Services Administration, Parklawn and professional testimony with regard strengthening linkages between HRSA Building, Room 14–48, 5600 Fishers to the proposed modifications to the education programs and programs Lane, Rockville, Maryland 20857, current UNOS policy on allocation of which provide comprehensive primary Telephone: (301) 443–2964 FAX: (301) livers and patient listing criteria for care services to the underserved. 443–7853. liver, kidney, and kidney/pancreas The standard application form PHS transplantation. UNOS is under contract Smoke-Free Workplace 6025–1, Competing Training Grant with the Health Resources and Services The HRSA strongly encourages all Application and General Instructions Administration, Bureau of Health grant recipients to provide a smoke-free have been approved by the Office of Resources Development’s Division of workplace; to promote the non-use of all Management and Budget under the Transplantation to perform the tobacco products; and to promote Public Paperwork Reduction Act. The OMB requirements of the Organ Procurement Law 103–227, the Pro-Children Act of Clearance Number is 0915–0060. (Insert and Transplantation Network (OPTN). 1994, which prohibits smoking in deadline date that reflects 20 days from Participants may present written certain facilities that receive Federal date of publication in the Federal comments and brief oral testimony on funds in which education, library, day Register.) these proposals to a forum hearing care, health care, and early childhood Applications shall be considered as panel. Selection of participants will be development services are provided to meeting the deadline if they are either: determined on the basis of achieving an children. (1) Received on or before the deadline appropriate balance of patient, public, date, or Review Criteria and professional testimony within the (2) Sent on or before the established available time. All individuals and The following criteria will be used deadline date and received in time for organizations interested in presenting when reviewing the applications: orderly processing. (Applicants should testimony who are not selected to 1. The degree to which the proposal request a legibly dated U.S. Postal participate in the forum may still contains clearly stated, realistic, and Service postmark or obtain a legibly provide written testimony which will be measurable objectives; dated receipt from a commercial carrier considered by the hearing panel. 2. The extent to which the proposal or the U.S. Postal Service. Private includes a methodology compatible Interested participants should contact metered postmarks shall not be Douglas A. Heiney, Director, with scope of project objectives, acceptable as proof of timely mailing.) including collaborative agreements with Department of Membership Services Late applications not accepted for and Policy Development, United relevant institutions and professional processing will be returned to the associations; Network for Organ Sharing (UNOS) and applicant. In addition, as indicated in indicate on which of the following topic 3. The administrative and the application kit, applications which management capability of the applicant areas they will provide comment: (1) exceed the page limitation, or do not Proposed amended policy on allocation to carry out the Cooperative Agreement, follow format instructions, will not be including the demonstrated ability to of livers; (2) standard minimum patient accepted for processing and will be listing criteria for liver transplantation; expand the project to the southwest of returned to the applicant. the United States; and/or (3) standardized patient listing This program is not subject to the 4. The extent to which the budget criteria for kidney transplantation and provisions of Executive Order 12372, justifications are complete, appropriate, combined kidney-pancreas Intergovernmental Review of Federal and cost-effective; and transplantation. Programs (as implemented through 45 5. The extent to which the applicant CFR part 100). This program is not Purpose: The meeting will provide a can demonstrate the ability to obtain subject to the Public Health System forum for presentation and discussion of non-federal funding to continue the Reporting Requirements. proposed policy changes to the management training beyond the project allocation of livers and patient listing period. Dated: August 28, 1996. criteria for transplantation. Ciro V. Sumaya, Application Request Contact: For more information, Administrator. contact Douglas A. Heiney, Director, Eligible entities interested in [FR Doc. 96–22435 Filed 9–3–96; 8:45 am] receiving materials regarding this Department of Membership Services BILLING CODE 4160±15±P program should notify HRSA. Materials and Policy Development, UNOS, 1100 will be sent only to those entities Boulders Parkway, Suite 500, P.O. Box 13770, Richmond, VA 23225–8770. making a request. Requests for proposal Public Forum on Liver Allocation and instructions and questions regarding Telephone: (804) 330–8500 Fax: (804) Patient Listing Criteria for Liver, 330–8517. grants policy and business management Kidney, and Kidney/Pancreas issues should be directed to: Ms. Sandra Transplantation Date and Time: September 25, 1996— Bryant, Health Resources and Services 10 a.m. to 4:00 p.m. September 26, Administration, Bureau of Health AGENCY: Health Resources and Services 1996—10 a.m. to 2:30 p.m. Professions, Parklawn Building, Room Administration (HRSA), HHS. Place: Airport Hilton Hotel, 10330 8C–26, 5600 Fishers Lane, Rockville, ACTION: Notice of public meeting and Natural Bridge Road, St. Louis, MO Maryland 20857, Telephone: (301) 443– opportunity to provide written 63134 (314) 426–5500. 6857 FAX: (301) 443–6343. comments and oral testimony. Completed applications should be Dated: August 27, 1996. forwarded to the Grants Management SUMMARY: On September 25–26, 1996, a Ciro V. Sumaya, Officer at the above address. public forum will be held as an adjunct Administrator. If additional programmatic to the United Network for Organ [FR Doc. 96–22432 Filed 9–3–96; 8:45 am] information is needed, please contact: Sharing (UNOS) public comment BILLING CODE 4160±15±P Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46659

Division of Nursing's Third Minority Nurse Consultant, Division of Nursing, themes of the Congress. The proposal Congress; ``Caring for the Emerging at telephone number (301) 443–6333; or may be in a preliminary state when Majority: A Blueprint in Action'' E-mail address at submitted to the Division of Nursing for [email protected]. review since it is expected that the AGENCY: Health Resources and Services SUPPLEMENTARY INFORMATION: One of the Congress workshops will assist teams in Administration, HHS. national strategic directions identified refining their proposals. The originality ACTION: Request for team proposals. by the Division of Nursing is to enhance of the approach as described in the racial and ethnic diversity and cultural proposal will be considered in the final SUMMARY: The Health Resources and competence in the nursing workforce. evaluation and selection to attend the Services Administration (HRSA), Two Minority Congresses held in 1992 Congress. Bureau of Health Professions (BHPr), and 1993 identified a series of important The team proposals should be limited Division of Nursing (DN), announces recommendations in the areas of policy, to 3–5 written pages in length. Each plans for a Third Minority Congress and legislation, practice, research, and proposal should contain the following: requests team proposals that will be the education. These recommendations Title of the proposal; identification with basis for selection of attendees at the revolved around key issues of concern the name, title, address, phone, Internet Congress. The Third Congress, ‘‘Caring which affect the health of the emerging and FAX number of the primary contact for the Emerging Majority: A Blueprint majority and underserved populations person on the team; identification of in Action,’’ will bring together in the country. The Third Minority each team member and rationale for approximately 100 minority nurses and Congress will build on the two previous being on the team; description of issue community leaders from across the Congresses. or problem to be addressed; objectives; country to further the development of In preparation for the Third Minority outcome measures; methodology; and an agenda for meeting the health care Congress, a national planning an evaluation plan. needs of the emerging majority. This is committee of minority nurse leaders A Selection Committee within the a national invitational meeting. was assembled to identify critical issues Division of Nursing will review and Attendees will be invited participants and areas of concern in implementing a evaluate each proposal received. Criteria selected from teams submitting the most national agenda, and to plan the design used to evaluate each proposal and the promising proposals to advance this for the Third Minority Congress. The weights assigned to each element are as agenda. Teams will receive advice from themes of the Third Minority Congress follows: experts in the field and receive are to increase the recruitment, assistance with writing a strong retention, and graduation of minority Points proposal which may be submitted to students in schools of nursing; to other funding sources for funding increase the numbers of well prepared Presence of at least one minority consideration. DN is soliciting proposals minority nurse leaders; and to develop nurse team member at beginning from teams composed of minority nurse the cultural competency of all nurses to of career ...... 5 leaders and others who have entered care for the emerging majority Diverse team membership appro- into partnerships with key community populations in the Nation. priate to meeting goals described 15 leaders committed to enhancing the The participants selected to attend the Objectives and methodology appro- health care of minority and underserved Congress will consist of teams priate to the stated problem/issue described ...... 25 populations. These proposals will be composed of minority nurse leaders and The proposal shows a relationship to reviewed and evaluated by a DN identified key community leaders. one of the three main themes of Selection Committee. Team members Community leaders should be identified the Congress ...... 5 from selected proposals will be invited as key stakeholders committed to Proposal problem/issue is described 20 to attend the Congress. Each proposal enhancing the health care of minority Outcome measures of success are must address one of the three themes of and underserved populations. Teams described ...... 15 the Congress (see Supplementary may be composed of 3–5 members with Originality of proposal problem/issue 15 Information section). five serving as the maximum number 100 DATES: Proposals must be submitted to per team. Each team roster should the Division of Nursing, Bureau of include at least one minority nurse who The Selection Committee will meet to Health Professions, Health Resources is in the early phase of her/his career evaluate the proposals on November 6, and Services Administration, 5600 development as a leader. Other team 1996. Selected teams will be notified by Fishers Lane, Parklawn Building, Room members should be those individuals November 29, 1996. 9–36, Rockville, Maryland 20857, on or (this includes both nurses and non- before October 18, 1996. FAXED nurses) who can contribute to the Travel and per diem expenses to proposals will not be accepted. The successful implementation of the attend the Congress in May 1997 will be Congress will be held in Denver, proposed action plan contained in the provided for selected teams. The team Colorado on May 28 to 30, 1997. proposal. A rationale for each member’s proposals will contribute to the national presence on the team should be agenda, which when implemented, will ADDRESSES: The review of proposals and provided in the narrative. A diverse further the national goal of caring for the actual selection of teams to be invited to team membership that is appropriate to emerging majority populations in the attend the Congress will occur on accomplishing the goals of the proposal Nation. November 6, 1996 at the Parklawn is strongly encouraged. All team Dated: August 27, 1996. Building, Division of Nursing, 5600 members from each team selected must Fishers Lane, Room 9–36, Rockville, be able to attend the entire Congress. Ciro V. Sumaya, Maryland 20857. Each proposal should address an Administrator. FOR FURTHER INFORMATION CONTACT: issue or problem and describe its [FR Doc. 96–22433 Filed 9–3–96; 8:45 am] Captain Audrey M. Koertvelyessy, relationship to one of the three main BILLING CODE 4160±15±P 46660 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

DEPARTMENT OF THE INTERIOR primary goal of the Service’s U.S. Fish and Wildlife Service endangered species program. To help Fish and Wildlife Service guide the recovery effort, the Service is Klamath Fishery Management Council working to prepare recovery plans for Meeting Notice of Availability of the Technical/ most of the listed species native to the Agency Draft Recovery Plan for Rock AGENCY: U.S. Fish and Wildlife Service, United States. Recovery plans describe Interior. Gnome Lichen (Gymnoderma lineare), actions considered necessary for the ACTION: Notice of meeting a Plant Species, for Review and conservation of the species, criteria for Comment recognizing the recovery levels for SUMMARY: Pursuant to section 10(a)(2) of AGENCY: Fish and Wildlife Service, downlisting or delisting them, and the Federal Advisory Committee Act (5 Interior. initial estimates of time and cost to U.S.C. App. 1), this notice announces a ACTION: Notice of document availability implement the recovery measures meeting of the Klamath Fishery and public comment period. needed. Management Council, established under The Endangered Species Act of 1973, the authority of the Klamath River Basin SUMMARY: The U.S. Fish and Wildlife as amended (16 U.S.C. 1531 et seq.) Fishery Resources Restoration Act (16 Service (Service) announces the (Act), requires the development of U.S.C. 460ss et seq.). The meeting is availability for public review of a recovery plans for listed species unless open to the public. technical/agency draft recovery plan for such a plan would not promote the DATES: The Klamath Fishery Gymnoderma lineare (rock gnome conservation of a particular species. Management Council will meet from lichen). This rare lichen grows in the Section 4(f) of the Act, as amended in 8:00 a.m. to 5:00 p.m. on Wednesday, mountains of North Carolina and 1988, requires that a public notice and September 25, 1996, and from 8:00 a.m. Tennessee, on rocks in areas of high an opportunity for public review and to 12:00 p.m. on Thursday, September humidity, either at high elevations, comment be provided during recovery 26, 1996. where it is frequently bathed in fog, or plan development. The Service will in deep gorges at lower elevations. Only PLACE: The meeting will be held at the 33 populations survive, with most of consider all information presented Victorian Inn, 1709 Main St, Highway these covering an area smaller than two during a public comment period prior to 299 West, Weaverville, California. square meters. The species is threatened the approval of each new or revised FOR FURTHER INFORMATION CONTACT: Dr. by collection, logging, and habitat recovery plan. The Service and other Ronald A. Iverson, Project leader, U.S. disturbance due to heavy use by hikers federal agencies will also take these Fish and Wildlife Service, P.O. Box and climbers. It is also indirectly comments into account in the course of 1006, (1215 South Main), Yreka, threatened by exotic insect pests and implementing approved recovery plans. California 96097–1006, telephone (916) possibly air pollution, which are The primary species considered in 842–5763. contributing to the demise of the Fraser this draft recovery plan is Gymnoderma SUPPLEMENTARY INFORMATION: For fir forests at higher elevations in the lineare (rock gnome lichen). The areas background information on the Klamath Southern Appalachians. The Service of emphasis for recovery actions for this Council, please refer to the notice of solicits review and comments from the plant are the southern Appalachian their initial meeting that appeared in the public on this draft plan. Mountains of North Carolina and Federal Register on July 8, 1987 (52 FR DATES: Comments on the technical/ Tennessee. Initial attention will be 25639). agency draft recovery plan must be focused on high-elevation cliffs and Dated: August 27, 1996. received on or before November 4, 1996, rock outcrops, and lower elevation river Thomas Dwyer, gorges in Tennessee (Sevier County) and to receive consideration by the Service. Acting Regional Director. ADDRESSES: Persons wishing to review North Carolina (Mitchell, Jackson, Yancey, Swain, Transylvania, [FR Doc. 96–22472 Filed 9–03–96; 8:45 am] the technical/agency draft recovery plan BILLING CODE 4310±55±P may obtain a copy by contacting the Buncombe, Avery, Ashe, Rutherford, Asheville Field Office, U.S. Fish and and Haywood Counties). Research on threats, habitat protection, Wildlife Service, 160 Zillicoa Street, Bureau of Indian Affairs Asheville, North Carolina 28801 reintroduction, and the preservation of (Telephone 704/258–3939). Written genetic material are the major objectives Office of Tribal Services' Proposed comments and materials regarding the of this recovery plan. Funding Distribution Methodologies plan should be addressed to the State Public Comments Solicited AGENCY: Bureau of Indian Affairs, Supervisor at the above address. Interior. Comments and materials received are The Service solicits written comments ACTION: available on request for public on the recovery plan described. All Notice of Proposed Transfer of inspection, by appointment, during comments received by the date specified Funds to Tribal Priority Allocations. normal business hours at the above above will be considered prior to SUMMARY: In compliance with House address. approval of the plan. Report Language 103–551, notice is FOR FURTHER INFORMATION CONTACT: Authority hereby given that in Fiscal Year (FY) Ms. Nora Murdock at the address and 1997, the Bureau of Indian Affairs (BIA), telephone number shown above (Ext. The authority for this action is Office of Tribal Services, proposes to 231). Section 4(f) of the Endangered Species permanently transfer Contract Support SUPPLEMENTARY INFORMATION: Act, 16 U.S.C. 1533(f). Funds, Housing Improvement Program Dated: August 28, 1996. Funds, and Social Services Welfare Background Assistance Funds to each eligible Indian Restoring endangered or threatened Brian P. Cole, tribe’s Tribal Priority Allocations (TPA) animals and plants to the point where State Supervisor. budget based on the methodology they are again secure, self-sustaining [FR Doc. 96–22476 Filed 9–3–96; 8:45 am] selected for each program. Currently, members of their ecosystems is a BILLING CODE 4310±55±M funds are allotted annually to and Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46661 distributed by the twelve BIA area assistance program or eligible to If the data is not submitted, the Area offices and the Office of Self- participate in a welfare assistance Director will formulate an average Governance (OSG) for further program. yearly funding for that tribe based upon distribution to tribes and BIA agencies caseload and funding projections and Alternative No. 1 based on the level of current year certify the results. The data certified by appropriations using the procedures and The Division of Social Services the Area Director will be included in the guidelines established by the BIA for proposes to use an average of the most nationwide totals for welfare assistance. payment of these funds. Under the new recent funding history covering the If the 1995 BIA Indian Service proposal, an initial amount of funds will period of 1993–1995. Those tribes Population and Labor Force Estimate be identified for each eligible tribe, without a three-year funding history Report is published in final form, this including Self-Governance Tribes, must be eligible for operation of a BIA document will be used to calculate the which will recur annually. social services program and use 25 CFR appropriate tribal share. DATES: Written comments regarding the 20 as their standard in order to 2. The BIA’s Division of Self- above proposed actions must be determine funding needs for their Determination Services proposes to received by Close of Business in the programs. They must submit verifiable transfer Contract Support Funds (CSF) Office of Tribal Services on or before data of actual expenditures and to the TPA budget system in FY 1997. October 21, 1996 in order to be projected expenditures for an entire year This proposal concerns the payment of considered in the final decisions on the to the Area Director by September 15, CSF for tribes and tribal organizations distribution methodologies for the above 1996 for the Area Director’s contracting under the Indian Self- programs. Tribal leaders will be notified certification. If the data is not Determination and Education by letter of the methodology selected for submitted, the Area Director will Assistance Act (Pub. L. 93–638), as all three programs. formulate an average yearly funding for amended, and is limited to ongoing or that tribe based upon caseload and continuing contracts and would not FOR FURTHER INFORMATION CONTACT: The affect the Indian Self-Determination Office of Tribal Services, Bureau of funding projections and certify the Fund which will continue to be Indian Affairs, MS–4603–MIB, 1849 C results. The data certified by the Area maintained at the Central Office and Street, N.W., Washington, D.C. 20240, Director will be included in the distributed to meet indirect cost needs telephone number (202) 208–3463. nationwide totals for welfare assistance. for new contracts. Under each of the SUPPLEMENTARY INFORMATION: The Alternative No. 2 alternatives explained below, the BIA purpose of this notice is to provide The Division of Social Services will provide a pro rata distribution of Indian tribes an opportunity to submit proposes to allocate to each eligible the available funds to the eligible tribes. written comments on the above tribe a base amount of $20,000 plus a proposed actions. percentage of the remaining funds based Alternative No. 1 Based on information received from on the total population within the BIA In determining the amount of the one- the Congress and through tribal Total Category in the 1993 Bureau of time transfer of CSF to the tribal base, consultation, the Bureau is seeking Indian Affairs’ Indian Service the Division of Self-Determination input from Indian Country on proposed Population and Labor Force Estimates Services proposes to use each tribe’s distribution methodologies for all three Report. A tribe’s percentage share would most current indirect cost rate in effect programs. Two alternative proposals for represent a comparison of the tribe’s during the period between 1994–1996, each of these programs are listed for data to the national totals. For example, as negotiated with the Office of the consideration and all tribes are tribe X receives a total of $1,302,617 for Inspector General. encouraged to comment on the its share of welfare assistance funds. Alternative No. 2 methodologies as described and identify This consists of a $20,000 base and which alternative they prefer for each $1,282,617 in additional funds, based The Division proposes to use an program within 45 days from the date on the following formula: average of the most recent three-year this notice is published in the Federal indirect cost rates, as negotiated with Register. In order for the BIA to select 20,000 (total for the Office of the Inspector General. the most fair and equitable methodology one tribe) divided by It is proposed that tribes contracting that would best serve all tribes under all =..0169 = 1 69% under the Act without indirect cost rates three programs, broad-based tribal 1183, ,967 (total would also have CSF added to their support from the majority of areas will nationwide for all tribes) recurring TPA base at the time the be required. Widespread support in one which translates into: 75,894,501 (total transfer is executed. The BIA will add or two areas for one alternative could funds after $20,000 deducted per tribe) a standard percentage (approximately 20 constitute a national majority of tribes; multiplied by .0169=$1,282,617 in percent) based on the national average however, that alternative will not additional funds which results in: indirect cost rate. The amount derived automatically be implemented unless it $20,000 (base amount for tribe X) plus from this percentage will be added to also receives majority support in other $1,282,617 (additional funding) the program amount being contracted. areas as well. The following methods 3. The BIA’s Division of Housing are being considered by the BIA for $1,302,617 total funding for tribe X Services proposes to transfer Housing determining each tribe’s share of the If any eligible tribe, including an OSG Improvement Program (HIP) funds to Contract Support, Housing tribe, was not included in the 1993 BIA the TPA budget of each federally Improvement Program, and Social Labor Force Report and chooses to recognized Indian tribe. The HIP is not Services Welfare Assistance program obtain additional funding beyond the intended to meet the overall housing funds for allocation to the TPA budget $20,000 tribal base, it must submit needs in Indian Country but is meant to category. verifiable data that tribal members in provide standard housing opportunities 1. The BIA’s Division of Social the BIA Total Category exist in its through repairs of existing homes and, Services proposes to transfer welfare service population to the Area Director in a limited number of cases, assistance funds to each Indian tribe by September 15, 1996 for certification. replacement homes for eligible currently benefitting from a welfare applicants. 46662 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

Alternative No. 1 Dated: August 23, 1996. FOR FURTHER INFORMATION CONTACT: Ada E. Deer, George T. Skibine, Director, Indian The Division of Housing Services Assistant Secretary—Indian Affairs. Gaming Management Staff, Bureau of proposes to allocate to each eligible [FR Doc. 96–22481 Filed 9–03–96; 8:45 am] Indian Affairs, Washington, D.C. 20240, tribe a base amount of $20,000 plus a BILLING CODE 4310±02±P (202) 219–4068. percentage of the remaining funds based Dated: August 21, 1996. on the total populations within the Ada E. Deer, following four categories in the 1993 Indian Gaming Bureau of Indian Affairs’ Indian Service Assistant Secretary—Indian Affairs. Population and Labor Force Estimates AGENCY: Bureau of Indian Affairs, [FR Doc. 96–22440 Filed 9–3–96; 8:45 am] Report: (1) Over 65 years of age, (2) Interior. BILLING CODE 4310±02±P Unable to Work, (3) Total Not Employed ACTION: Notice of Amendment to Approved Tribal-State Compact. of the Potential Labor Force, and (4) Indian Gaming Total number of Labor Force earning SUMMARY: Pursuant to 25 U.S.C. § 2710, AGENCY: Bureau of Indian Affairs, $7,000 or less per year. A tribe’s of the Indian Gaming Regulatory Act of Interior. percentage share would represent a 1988 (Pub. L. 100–497), the Secretary of comparison of the tribe’s data to the the Interior shall publish, in the Federal ACTION: Notice of Amendment to national totals. For example, tribe X Register, notice of approved Tribal-State Approved Tribal-State Compact. receives a total of $25,000 for its share Compacts for the purpose of engaging in SUMMARY: Pursuant to 25 U.S.C. § 2710, of housing funds. This consists of a Class III (casino) gambling on Indian of the Indian Gaming Regulatory Act of $20,000 base and $5,000 additional reservations. The Assistant Secretary— 1988 (Pub. L. 100–497), the Secretary of funds based on the following formula: Indian Affairs, Department of the the Interior shall publish, in the Federal Interior, through her delegated Register, notice of approved Tribal-State 400 (total for one tribe authority, has approved Amendment II infour categories)divided by Compacts for the purpose of engaging in =..001 = 0 10% to the Confederated Tribes of the Warm Class III (casino) gambling on Indian 400, 000(totalnationwidefor Springs Reservation of Oregon and the reservations. The Assistant Secretary— alltribes in four categories) State of Oregon Gaming Compact, which Indian Affairs, Department of the was executed on June 21, 1996. which translates into: 5,000,000 (total Interior, through her delegated DATES: This action is effective funds after $20,000 deducted per tribe) authority, has approved Amendment II September 4, 1996. multiplied by .001 = $5,000 in to the Tribal-State Compact for additional funds, which results in: FOR FURTHER INFORMATION CONTACT: Regulation of Class III Gaming Between $20,000 (base amount for tribe X) plus George T. Skibine, Director, Indian the Coquille Indian Tribe and the State of Oregon, which was executed on June $5,000 (additional funding) $25,000 Gaming Management Staff, Bureau of Indian Affairs, Washington, D.C. 20240, 21, 1996. total funding for tribe X (202) 219–4068. DATES: This action is effective If any eligible tribe, including an OSG Dated: August 21, 1996. September 4, 1996. tribe, was not included in the 1993 BIA Ada E. Deer, FOR FURTHER INFORMATION CONTACT: Labor Force Report and chooses to George T. Skibine, Director, Indian obtain additional funding beyond the Assistant Secretary—Indian Affairs. [FR Doc. 96–22439 Filed 9–3–96; 8:45 am] Gaming Management Staff, Bureau of $20,000 tribal base, it must submit Indian Affairs, Washington, D.C. 20240, BILLING CODE 4310±02±P verifiable data that tribal members in (202) 219–4068. the four categories exist in its service Dated: August 21, 1996. population to the Area Director by Indian Gaming September 15, 1996 for certification. If Michael J. Anderson, the data is not submitted, the Area AGENCY: Bureau of Indian Affairs, Deputy Assistant Secretary—Indian Affairs. Director will formulate a total for the Interior. [FR Doc. 96–22438 Filed 9–3–96; 8:45 am] four categories based upon Service ACTION: Notice of Approval for BILLING CODE 4310±02±P Population estimates and certify the Amendment II to Tribal-State Compact. results. The data certified by the Area Indian Gaming Director will be included in the SUMMARY: Pursuant to 25 U.S.C. § 2710, nationwide totals for HIP. If the 1995 of the Indian Gaming Regulatory Act of AGENCY: Bureau of Indian Affairs, BIA Indian Service Population and 1988 (Pub. L. 100–497), the Secretary of Interior. the Interior shall publish, in the Federal Labor Force Estimate Report is ACTION: Notice of Amendment to Register, notice of approved Tribal-State published in final form, this document Approved Tribal-State Compact. Compacts for the purpose of engaging in will be used to calculate the appropriate Class III (casino) gambling on Indian share. SUMMARY: Pursuant to 25 U.S.C. § 2710, reservations. The Assistant Secretary— of the Indian Gaming Regulatory Act of Alternative No. 2 Indian Affairs, Department of the 1988 (Pub. L. 100–497), the Secretary of Interior, through her delegated the Interior shall publish, in the Federal The Division proposes to use the same authority, has approved Amendment II Register, notice of approved methodology as the first alternative, but to the Tribal-State Compact For Amendments to Tribal-State Compacts allocate a base of $10,000 rather than Regulation of Class III Gaming Between for the purpose of engaging in Class III $20,000. If the 1995 BIA Indian Service the Confederated Tribes of Siletz (casino) gambling on Indian Population and Labor Force Estimate Indians Tribe and the State of Oregon, reservations. The Assistant Secretary— Report is published in final form, this which was executed on June 21, 1996. Indian Affairs, Department of the document will be used to calculate the DATES: This action is effective Interior, through her delegated appropriate share. September 4, 1996. authority, has approved Amendment III Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46663 to the Tribal-State Compact For in the control of the Alaska State Office, In 1967, human remains representing Regulation of Class III Gaming Between Bureau of Land Management, 24 individuals were recovered by Hans- the Cow Creek Band of Umpqua Tribe Anchorage, AK. These human remains Georg Bandi during legally authorized of Indians and the State of Oregon, and associated funerary objects are excavations from the vicinity of the which was executed on June 21, 1996. currently in the possession of the Ayveghyaget and Mayaghaaq sites, DATES: This action is effective University of Alaska Museum. precontact habitation sites near September 4, 1996. A detailed assessment of the human Gambell, AK. No known individuals remains and associated funerary objects were identified. The two associated FOR FURTHER INFORMATION CONTACT: was made by Bureau of Land funerary objects are faunal remains. George T. Skibine, Director, Indian Management professional staff and In 1968, human remains representing Gaming Management Staff, Bureau of University of Alaska Museum one individual were removed from the Indian Affairs, Washington, D.C. 20240, professional staff in consultation with Pagughileq site, a precontact habitation (202) 219–4068. representatives of the Native Village of site on BLM land, and donated to the Dated: August 13, 1996. Gambell. University of Alaska Museum by a State Michael J. Anderson, Between 1972–1973, human remains of Alaska employee in 1985. No known Deputy Assistant Secretary—Indian Affairs. representing 53 individuals were individual was identified. No associated [FR Doc. 96–22437 Filed 9–3–96; 8:45 am] recovered by Hans-Georg Bandi during funerary objects are present. BILLING CODE 4310±02±P legally authorized excavations near Between 1972–1973, human remains Sekloghyaget (or ‘‘Old Gambell’’) site, a representing 36 individuals were nineteenth century habitation section of recovered by Hans-Georg Bandi during Bureau of Land Management Gambell, AK, the Troutman Lake site, a legally authorized excavations from the 19th century grave site near Gambell, vicinity of the Mayaghaaq site, a [AZ±054±06±1990±00; 1535] AK, and a 19th century habitation site precontact habitation site near Gambell, near modern Gambell, AK. No known AK. No known individuals were Arizona, Notice of Change of Mailing individuals were identified. The 142 identified. The 57 associated funerary Address and Telephone Number associated funerary objects include objects include ivory harpoon heads, AGENCY: Bureau of Land Management, abraders, a blubber scraper, buttons, faunal remains, ground slate fragments, Interior. foreshafts, ground slate tools, a ground ulu blades, and ivory fragments. Between 1972–1973, human remains SUMMARY: This notice sets forth the new slate point, faunal remains, walrus tusks mailing address and phone number for and tusk fragments, chert flakes, pottery representing seventeen individuals were recovered by Hans-Georg Bandi during the Bureau of Land Management, Lake sherds, unworked stone, and a winged legally authorized excavations from the Havasu Field Office, Lake Havasu City, object. The three sites listed above have been Dovlaqhyaget site, a precontact Arizona. The new mailing address and identified as 19th century habitation habitation site near Gambell, AK. No phone number for the Lake Havasu and cemetery areas at or near the Native known individuals were identified. The Field Office is 2610 Sweetwater Village of Gambell through historical 24 associated funerary objects include Avenue, Lake Havasu City, AZ 86406 documentation, cultural items found at worked bone and ivory, faunal remains, (520) 505–1200. the sites, and oral history. ground slate points and a winged object. DATES: Effective August 26, 1996. In 1939, human remains representing In 1950, human remains representing FOR FURTHER INFORMATION CONTACT: four individuals were recovered by eighteen individuals were donated to Bureau of Land Management, Lake Louis Giddings at the Ayveghyaget site, the University of Alaska Museum by a Havasu Field Office, 2610 Sweetwater a precontact habitation site near private individual after being illegally Avenue, Lake Havasu City, AZ 86406 Gambell, AK. No known individuals removed from BLM lands in the vicinity (520) 505–1200. were identified. Between 1972–1973, of Gambell, AK. No known individuals Dated: August 20, 1996. human remains representing three were identified. No associated funerary individuals were recovered by Hans- Robert M. Henderson, objects are present. Georg Bandi during legally authorized In 1962, human remains representing Acting Field Manager. excavations from the vicinity of the two individuals were recovered from [FR Doc. 96–22500 Filed 9–03–96; 8:45 am] Ayveghyaget site. No known individuals BLM lands during legally authorized BILLING CODE 4310±32±P were identified. Three associated excavations in the vicinity of Gambell, funerary objects recovered include AK by Otto Geist. No known individuals ground slate, worked ivory and faunal were identified. No associated funerary National Park Service remains. objects are present. Notice of Inventory Completion for In 1939, human remains representing The precontact sites and sites in the Native American Human Remains and three individuals were recovered by vicinity of Gambell, AK listed above Associated Funerary Objects from Louis Giddings from the Kitngipalak have been identified as occupied during Gambell, AK, in the Control of the site, a precontact habitation site near the Okvik, Old Bering Sea, and Punuk Alaska State Office, Bureau of Land Gambell, AK. No known individuals periods based on site organization, Management, Anchorage, AK were identified. Between 1972–1973, habitation structures, cultural material, human remains representing 133 and Carbon0914 assays. The AGENCY: National Park Service individuals were recovered by Hans- Carbon0914 assays and ethnohistorical ACTION: Notice Georg Bandi during legally data indicate these occupations unauthorized excavations from the represent a continuity of cultural Notice is hereby given in accordance Kitngipalak site. No known individuals occupation of St. Lawrence Island from with provisions of the Native American were identified. The 328 associated approximately 300 AD to the Graves Protection and Repatriation Act funerary objects include ground slate historically documented epidemic and (NAGPRA), 25 U.S.C. 3003 (d), of the tools, chert flakes, worked ivory, faunal famine of 1879 AD. The associated completion of an inventory of human remains, a whetstone, abraders and ulu funerary objects from the ten sites remains and associated funerary objects blades. located at or near Gambell are 46664 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices stylistically and functionally consistent PLACE: Room 101, 500 E Street S.W., The Department of Justice will receive with the Gambell cultural development Washington, DC 20436. for a period of thirty (30) days from the sequence. Additionally, the present-day STATUS: Open to the public. date of this publication comments Native residents of Gambell are the MATTERS TO BE CONSIDERED: relating to the proposed Consent Decree. documented descendants of the Comments should be addressed to the 1. Agenda for future meeting. Assistant Attorney General of the survivors of the 1879 epidemic and 2. Minutes. famine. Oral history evidence provided 3. Ratification List. Environment and Natural Resources by representatives of the Native Village 4. Inv. No. 731–TA–750 (Preliminary)— Division, Department of Justice, of Gambell indicates on-going (Vector Supercomputers from Japan)— Washington, D.C. 20530, and should recognition of the above Gambell grave briefing and vote. refer to United States v. Metallics, Inc., sites as traditional burial grounds. 5. Outstanding action jackets: None. D.J. Ref. 90–11–3–605B. Based on the above mentioned In accordance with Commission The proposed Consent Decree may be information, officials of the Bureau of policy, subject matter listed above, not examined at the Office of the United Land Management have determined disposed of at the scheduled meeting, States Attorney, Western District of that, pursuant to 43 CFR 10.2 (d)(1), the may be carried over to the agenda of the Wisconsin, 120 North Henry Street, human remains listed above represent following meeting. Room 420, Madison, Wisconsin 53703, at the Region 5 Office of the the physical remains of 294 individuals By order of the Commission: of Native American ancestry. Officials of Environmental Protection Agency, 77 Issued: August 30, 1996. the Bureau of Land Management have West Jackson Street, Chicago, Illinois also determined that, pursuant to 25 Donna R. Koehnke, 60604–3590, and at the Consent Decree U.S.C. 3001 (3)(A), the 556 objects listed Secretary. Library, 1120 G Street, N.W., 4th Floor, above are reasonably believed to have [FR Doc. 96–22637 Filed 8–30–96; 1:16pm] Washington, D.C. 20005, (202) 624– been placed with or near individual BILLING CODE 7020±02±U 0892. A copy of the proposed Consent human remains at the time of death or Decree may be obtained in person or by later as part of the death rite or mail from the Consent Decree Library, ceremony. Lastly, officials of the Bureau DEPARTMENT OF JUSTICE 1120 G Street, N.W., 4th Floor, of Land Management have determined Washington, D.C. 20005. In requesting a that, pursuant to 25 U.S.C. 3001 (2), Notice of Lodging of Consent Decree copy, please enclose a check in the there is a relationship of shared group Pursuant to the Comprehensive amount of $11.75 (25 cents per page identity which can be reasonably traced Environmental Response, reproduction cost) payable to the between these Native American human Compensation and Liability Act Consent Decree Library. Walker Smith, remains and associated funerary objects In accordance with Departmental Deputy Chief, Environmental Enforcement and the Native Village of Gambell. policy, 28 CFR 50.7, and Section 122 of This notice has been sent to officials Section, Environment and Natural Resources CERCLA, 42 U.S.C. § 9622, notice is Division. of the Native Village of Gambell. hereby given that on August 26, 1996, [FR Doc. 96–22467 Filed 9–3–96; 8:45 am] Representatives of any other Indian tribe a proposed Partial Consent Decree in BILLING CODE 4410±01±M that believes itself to be culturally United States v. Metallics, Inc., Civil affiliated with these human remains and Action No. 96–C–0275–S, was lodged, associated funerary objects should with the United States District Court for Drug Enforcement Administration contact Dr. Robert E. King, Alaska State the Western District of Wisconsin. This NAGPRA Coordinator, Bureau of Land consent decree represents a settlement [Docket No. 95±41] Management, 222 W. 7th Avenue, 1B13, of claims of the United States and the Johnson Matthey, Inc.; Termination of Anchorage, AK 99513–7599; telephone: State of Wisconsin against the Town of Proceedings (907) 271–5510, before [thirty days after Onalaska, Wisconsin for reimbursement publication in the Federal Register]. of response costs and injunctive relief in On May 8, 1995, the Deputy Repatriation of the human remains and connection with the Onalaska Administrator of the Drug Enforcement associated funerary objects to the Native Municipal Landfill site (‘‘Site’’) Administration (DEA) issued a final Village of Gambell may begin after that pursuant to the Comprehensive order granting the September 14, 1992, date if no additional claimants come Environmental Response, Compensation application of Johnson Matthey, Inc. forward. and Liability Act, 42 U.S.C. § 9601 et (Johnson Matthey) to register as a bulk Dated: August 29, 1996. seq. manufacturer of methylphenidate, Francis P. McManamon, Under this settlement between the subject to certain conditions. (Johnson Departmental Consulting Archeologist, United States, the State of Wisconsin, Matthey I) 60 FR 26050 (May 16, 1995). Chief, Archeology and Ethnography Program. and the Town of Onalaska, the Town On January 2, 1996, the United States [FR Doc. 96–22495 Filed 9–3–96; 8:45 am] will pay the United States $482,550 in Court of Appeals for the District of partial reimbursement of response costs BILLING CODE 4310097009F Columbia Circuit denied a petition for incurred by the Environmental review of that final order. MD Protection Agency at the Site, perform Pharmaceutical, Inc. v. Drug operation and maintenance activities at Enforcement Administration, Docket INTERNATIONAL TRADE the site throughout the contemplated No. 95–1267, 1996 U.S. App. Lexis 1229 COMMISSION thirty-year remedial action, provide (D.C. Cir. 1996). access to the site and to properties In the meantime, on February 24, Sunshine Act Meeting adjacent to the site, and impose 1995, Johnson Matthey filed an conservation easements on such application for calendar year 1995 for AGENCY HOLDING THE MEETING: United properties consistent with their location registration as a bulk manufacturer of States International Trade Commission. adjacent to a wildlife refuge, and various Schedule I and II controlled TIME AND DATE: September 11, 1996 at institute appropriate institutional substances, including methylphenidate, 11:00 a.m. controls. notice of which was filed in the Federal Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46665

Register. 60 FR 20751 (April 27, 1995). Summary Disposition. Also, on March C.F.R. 1301.43, effective July 20, 1995, However, on July 27, 1995, Johnson 19, 1996, Mallinckrodt filed a Response by eliminating third-party Matthey withdrew its application, to Johnson Matthey’s Motion to Dismiss, manufacturers’ hearing opportunities, except as to methylphenidate. See 60 FR and on April 8, 1996, MD filed an pursuant to their own request). The 53804 (October 17, 1995). Therefore, the Opposition to the Government’s Motion Deputy Administrator also finds that the only aspects of Johnson Matthey’s for Summary Disposition. termination of these proceedings will February 1995 application pending is By order dated May 15, 1996, Judge not impact upon the continuation of the request to manufacture Bittner (1) denied the Government’s Johnson Matthey’s day-to-day methylphenidate. By letter dated May motion for summary disposition, (2) registration to manufacture 10, 1995, MD Pharmaceutical, Inc. (MD) denied Johnson Matthey’s motion to methylphenidate, given the lack of a filed comments, objecting to Johnson dismiss, (3) found, however, that there resolution of its pending November Matthey’s application with respect to was no longer a basis for holding a 1995 application. methylphenidate, and by letter dated hearing in this proceeding, and (4) The Deputy Administrator agrees with May 26, 1995, Ciba-Geigy Corporation terminated the proceeding. She afforded Judge Bittner’s termination of the (Ciba) requested a hearing, giving rise to the parties an opportunity to file an hearing procedure raised by Ciba’s the instant case. appeal from her ruling, and on June 3, request in response to Johnson Also by letter dated May 26, 1995, 1996, the Government filed exceptions Matthey’s registration application of Mallinckrodt Chemical, Inc. to her ruling, but agreed with her February 1995. As Judge Bittner noted, (Mallinckrodt), stated that it took no termination of the proceedings. No other ‘‘if a hearing were held in this position on Johnson Matthey’s appeals were filed. proceeding, whatever recommendation application to manufacture The Deputy Administrator finds that [she] would make with respect to methylphenidate, but that it ‘‘wish[ed] as of May 8, 1995, Johnson Matthey had Johnson Matthey’s [February] 1995 to participate fully in a hearing if one is a Certificate of Registration as a bulk application would be of no scheduled.’’ The matter was docketed manufacturer of methylphenidate. See consequence.’’ If Judge Bittner and assigned to Administrative Law Johnson Matthey I. As noted by Judge recommended granting the February Judge Mary Ellen Bittner. Extensive Bittner, both the Administrative 1995 application, she would be prehearing communications followed, Procedure Act and DEA’s regulations recommending Johnson Matthey be with the Government filing its provide that a timely application for given a right already flowing from the prehearing memorandum on July 28, reregistration operates to continue an May 1995 final order and the November 1995, and Johnson Matthey, Ciba, existing registration until there is a 1995 reregistration application. If, Mallinckrodt, and MD filing their determination on that application. 5 however, Judge Bittner recommended prehearing memoranda on July 31, 1995. U.S.C. § 558(c)1 and 21 C.F.R. 1301.47.2 the application be denied, and if the Again, the parties engaged in extensive Therefore, the Deputy Administrator Deputy Administrator concurred with prehearing filings surrounding the issue agrees with Judge Bittner’s findings that that recommendation, a show cause of whether to hold in abeyance a (1) the November 1995 application for proceeding would need to be instigated. hearing in this matter pending the reregistration operates to continue See 21 U.S.C. § 824(c), quoted at decision of the Court of Appeals in Johnson Matthey’s registration granted footnote 3 supra. Therefore, since the Johnson Matthey I. by final order on May 8, 1995, with hearing will have no impact upon Subsequently, on October 17, 1995, respect to methylphenidate, (2) Johnson Johnson Matthey’s registration at this the DEA published a notice in the Matthey’s reregistration cannot be point in the registration process, the Federal Register, stating, among other denied until DEA takes further action,3 Deputy Administrator concurs with things, that ‘‘[d]ue to the pending and (3) the November 1995 application Judge Bittner’s decision to terminate administrative proceeding concerning is not before Judge Bittner (nor the this proceeding. See, e.g., National methylphenidate, Johnson Matthey will Deputy Administrator) as a result of Classification Comm. & Natl. Motor continue on a day-to-day registration to Ciba’s hearing request relevant to the Freight Traffic Assn., Inc. v. United bulk manufacture methylphenidate February 1995 application. See 60 FR States, 779 F.2d 687, 693 (D.C. Cir. pending resolution of Docket No. 95– 32099 (June 30, 1995) (amending 21 1985) (noting that ‘‘a hearing is required 41.’’ 60 FR 53804 (1995). On November only when it would serve some 13, 1995, Johnson Matthey filed an 1 5 U.S.C. § 558(c) states: ‘‘When the licensee has purpose’’). application to be registered as a bulk made timely and sufficient application for a Judge Bittner made findings necessary manufacturer of various controlled renewal or a new license in accordance with agency to resolve the Government’s Motion for substances, including methylphenidate, rules, a license with reference to an activity of a Summary Disposition and Johnson for calendar year 1996. See Notice of continuing nature does not expire until the Matthey’s Motion to Dismiss. The application has been finally determined by the Application, 61 FR 8303 (March 4, agency.’’ Deputy Administrator has reviewed 1996). 2 21 C.F.R. 1301.47 provides: ‘‘In the event that those findings, Judge Bittner’s Following the circuit court’s decision an applicant for reregistration (who is doing resolution of the two motions, and the in Johnson Matthey I, on February 23, business under a registration previously granted Government’s exceptions thereto. 1996, Johnson Matthey filed a motion to and not revoked or suspended) has applied for However, the Deputy Administrator reregistration at least 45 days before the date on dismiss, or in the alternative to which the existing registration is due to expire, and concludes that it is unnecessary to terminate, the current proceeding. On the Administrator has issued no order on the address those matters here, since they March 14, 1996, the Government filed a application on the date on which the existing do not impact upon the propriety of the Motion for Summary Disposition, registration is due to expire, the existing registration termination decision. Therefore, the of the applicant shall automatically be extended seeking dismissal of this proceeding on and continue in effect until the date on which the Deputy Administrator makes no various grounds. On March 18, 1996, Administrator so issues his order.’’ findings concerning those issues. MD filed an Objection to Johnson 3 21 U.S.C. § 824(c) provides, in relevant part, that Accordingly, the Deputy Matthey’s Motion to Dismiss, and Ciba ‘‘[b]efore taking action pursuant * * * to a denial Administrator of the Drug Enforcement of registration under section 823 of this title, the filed a Memorandum in Response to Attorney General shall serve upon the applicant or Administration, pursuant to the Motion of Johnson Matthey, Inc., to registrant an order to show cause why registration authority vested in him by 21 U.S.C. Dismiss and Government’s Motion for should not be denied. * * *’’ 823, and 28 C.F.R. 0.100(b) and 0.104, 46666 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices hereby orders that the request for a including whether the information will DEPARTMENT OF LABOR hearing concerning Johnson Matthey’s have practical utility; Employment and Training February 1995 registration application, (2) Evaluate the accuracy of the Administration and the proceedings following and agencies/components estimate of the relevant to that request be, and they burden of the proposed collection of hereby are, terminated. Unemployment Compensation for Ex- information, including the validity of This order is effective October 4, Servicemembers (UCX) Handbook; 1996. the methodology and assumptions used; Comment Request Dated: August 27, 1996. (3) Enhance the quality, utility, and ACTION: Notice. clarity of the information to be Stephen H. Greene, collected; and SUMMARY: The Department of Labor, as Deputy Administrator part of its continuing effort to reduce (4) Minimize the burden of the [FR Doc. 96–22496 Filed 9–3–96; 8:45 am] paperwork and respondent burden collection of information on those who BILLING CODE 4410±09±M conducts a preclearance consultation are to respond, including through the program to provide the general public use of appropriate automated, and Federal agencies with an Immigration and Naturalization Service electronic, mechanical, or other opportunity to comment on proposed technological collection techniques or and/or continuing collections of Agency Information Collection other forms of information technology, information in accordance with the Activities: Extension of Existing e.g., permitting electronic submission of Paperwork Reduction Act of 1995 Collection; Comment Request responses. The proposed collection is (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This ACTION: Notice of Information Collection listed below: program helps to ensure that requested Under Review; Nonimmigrant Checkout (1) Type of Information Collection: data can be provided in the desired Letter. Extension of a currently approved format, reporting burden (time and collection. financial resources) is minimized, Office of Management and Budget collection instruments are clearly (OMB) approval is being sought for the (2) Title of the Form/Collection. understood, and the impact of collection information collection listed below. Nonimmigrant Checkout Letter. requirements on respondents can be This proposed information collection (3) Agency form number, if any, and properly assessed. Currently, the was previously published in the Federal the applicable component of the Employment and Training Register on May 29, 1996, at 61 FR Department of Justice sponsoring the Administration is soliciting comments 26932–26933, allowing for a 60-day collection: Form G–146. Detention and concerning the proposed revision and public comment period. No comments Deportation, Immigration and extension of the Unemployment were received by the Immigration and Naturalization Service. Compensation for Ex-Servicemembers Naturalization Service. (UCX) Handbook. The purpose of this notice is to allow (4) Affected public who will be asked A copy of the proposed information an additional 30 days for public or required to respond, as well as a brief collection request (ICR) can be obtained comments from the date listed at the top abstract: Primary: Individuals or by contacting the office listed below in of this page in the Federal Register. Households. This collection of the addressee section of this notice. This process is conducted in accordance information is used in making inquiries DATES: Written comments must be with 5 CFR Part 1320.10. of persons in the United States or submitted to the office listed in the Written comments and/or suggestions abroad concerning the whereabouts of addresses section below on or before regarding the item(s) contained in this aliens, and also requests departure November 4, 1996. notice, especially regarding the information by the Immigration and The Department of Labor is estimated public burden and associated Naturalization Service, when initial particularly interested in comments response time, should be directed to the investigation to locate the alien or verify which: Office of Management and Budget, his or her departure is unsuccessful. * Evaluate whether the proposed Office of Regulatory Affairs, Attention: collection of information is necessary (5) An estimate of the total number of Department of Justice Desk Officer, for the proper performance of the Washington, DC, 20530. Additionally, respondents and the amount of time functions of the agency, including comments may be submitted to OMB via estimated for an average respondent to whether the information will have facsimile to 202–395–7285. Comments respond: 20,000 respondents at 10 practical utility; may also be submitted to the minutes (.166) per response. * evaluate the accuracy of the Department of Justice (DOJ), Justice (6) An estimate of the total public agency’s estimate of the burden of the Management Division, Information burden (in hours) associated with the proposed collection of information, Management and Security Staff, collection: 3,320 annual burden hours. including the validity of the Attention: Department Clearance methodology and assumptions used; Public comment on this proposed Officer, Suite 850, 1001 G Street, NW, * enhance the quality, utility, and Washington, DC, 20530. Additionally, information collection is strongly clarity of the information to be comments may be submitted to DOJ via encouraged. collected; and facsimile to 202–514–1534. Dated: August 28, 1996. * minimize the burden of the Written comments and suggestions Robert B. Briggs, collection of information on those who are to respond, including through the from the public and affected agencies Department Clearance Officer, United States should address one or more of the Department of Justice. use of appropriate automated, following points: electronic, mechanical, or other [FR Doc. 96–22468 Filed 9–3–96; 8:45 am] (1) Evaluate whether the proposed technological collection techniques or collection of information is necessary BILLING CODE 4410±18±M other forms of information technology, for the proper performance of the e.g., permitting electronic submissions functions of the agency/component, of responses. Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46667

ADDRESSES: Written comments on this information, we could not adequately branches of military service (Army, notice may be mailed or delivered to determine the eligibility of ex- Navy, Marines, Air Force), the Coast Charles E. Longus, Jr., Unemployment servicemembers and would not be able Guard, or the National Oceanic Insurance Service, U.S. Department of to properly administer the program. Atmospheric Administration (they are Labor, Room S–4231, Frances Perkins considered branches of military service II. Current Actions Building, 200 Constitution Ave., N.W., for UCX purposes but are not under the Washington, DC 20210, telephone (202) This is a request for OMB approval jurisdiction of the Department of 219–5340 ext 16 (this is not a toll-free under the Paperwork Reduction Act of Defense). number), fax number (202) 219–8506. 1995 (44 U.S.C. 3506(c)(2)(A)) of an Type of Review: Revision. extension to an existing collection of SUPPLEMENTARY INFORMATION: Agency: Employment and Training information previously approved and Administration. I. Background assigned OMB control No. 1205–0176. A Title: Unemployment Compensation The UCX law (5 U.S.C. 8521–8523) current inventory of 255,000 UCX for Ex-Servicemembers (UCX) requires State employment security claims were filed in FY 1994 and a Handbook. agencies to administer the UCX program proposed inventory of 138,573 UCX OMB Number: 1205–0176. claims will be reported for FY 1995 in accordance with the same terms and Recordkeeping: The Department of reflecting a significant decrease of conditions of the paying State’s Labor (DOL) does not maintain a system 116,427 from the previous fiscal year unemployment insurance law which of records for the UCX program. UCX resulting in a reduction of ¥3,009 hours apply to unemployed claimants who records are maintained by the SESAs toward ETA’s Information Collection worked in the private sector. Each State acting as agents for the Federal Budget. agency must be able to obtain certain Government in the administration of the military service information from each Fifty-three (53) SESAs fill out these forms. Form ETA 841 is completed by UCX program. The DOL procedures claimant filing claims for UCX benefits permit the SESAs, upon request, to to enable them to determine his/her SESAs whenever an ex-servicemember files: (1) A ‘‘first claim’’ (UCX) for dispose of UCX records according to eligibility for benefits. The State State law provisions, 3 years after final agencies record or obtain required UCX unemployment compensation, whereby an assignment of Federal military action (including appeals or court information on forms developed by the action) on the claim, or such records Department of Labor, ETA 841, ETA 842 service is recorded; or (2) a request for determination of entitlement to UCX may be transferred in less than 3-year and ETA 843. The use of each of these period if microphotographed in forms is essential to the UCX claims benefits, whether or not such request results in a ‘‘first claim.’’ Form ETA 842 accordance with appropriate process. microphotography standards. Information pertaining to the UCX is very rarely used under current claimant can only be obtained from the legislation so our estimate is zero Affected Public: State governments individuals’s military discharge papers, burden. ETA 843 is used by SESAs only (State employment security agencies). the appropriate branch of military when it is necessary to obtain additional Cite/Reference/Form/etc: Forms ETA service or the Department of Veterans clarifying information from the military 841, ETA 842 and ETA 843 Affairs (formerly the Veterans pertaining to the UCX claimant or to Total Respondents: 138,573 Administration). If the claimant does obtain a copy of DD Form 214 that was Frequency: As needed not have this information available, the not issued to the claimant when Total Responses: 138,573 most feasible and effective way to obtain separated from military service. Average Time per Response: 1.5 min. this information is by use of the forms Accordingly, the ETA 843 is used for Estimated Total Burden Hours: 3,579 prescribed by the Department of Labor only 5% of the UCX ‘‘first claims.’’ This hrs. or chart for multiple forms/ for State agency use. Without this is then sent to any one of the four information collections.

Average Total re- Total re- time per Burden Cite/reference spond- Frequency sponses response (hrs.) ents (min.)

ETA 841 ...... 138,573 As needed .... 138,573 1.5 3,464 ETA 842 ...... 0 As needed .... 0 0 0 ETA 843 ...... 6,929 As needed .... 6,929 1.0 115

Totals ...... 145,502 ...... 3,579

Total Burden Cost (capital/startup): 0. Dated: August 28, 1996. NATIONAL AERONAUTICS AND Total Burden Cost (operating/ Mary Ann Wyrsch, SPACE ADMINISTRATION maintaining): $3,201,036. Director, Unemployment Insurance Service. [Notice 96±103] Comments submitted in response to [FR Doc. 96–22511 Filed 9–3–96; 8:45 am] this comment request will be BILLING CODE 4510±30±M summarized and/or included in the NASA Advisory Council (NAC), Space request for Office of Management and Science Advisory Committee (SScAC), Budget approval of the information Structure and Evolution of the collection request; they will also Universe Advisory Subcommittee; become a matter of public record. Meeting AGENCY: National Aeronautics and Space Administration. 46668 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

ACTION: Notice of meeting change. MATTERS TO BE CONSIDERED: General Week of September 9—Tentative administrative matters for the There are no meetings scheduled for the FEDERAL REGISTER CITATION OF PREVIOUS Commission, including substantive Week of September 9. ANNOUNCEMENT: 61 FR 40663, Notice agenda; Commission working groups Week of September 16—Tentative Number 96–090, August 5, 1996. will consider the following substantive PREVIOUSLY ANNOUNCED DATES AND matters: government as creditor or There are no meetings scheduled for the Week of September 16. ADDRESSES OF MEETING: Monday, debtor; small businesses, single asset September 9, 1996, 8:30 a.m. to 5:00 real estate cases and partnerships: a Week of September 23—Tentative p.m., and Tuesday, September 10, 1996, special case?; improving jurisdiction There are no meetings scheduled for the 8:30 a.m. to 4:30 p.m.; NASA and procedure; consumer bankruptcy; Week of September 23. Headquarters, Conference Room MIC 6– Chapter 11: uses and consequences; and The schedule for Commission A/B West, 300 E Street, SW, service to the estate: ethical and meetings is subject to change on short Washington, DC 20546. economic choices. An open forum for notice. CHANGES IN THE MEETING: The meeting public participation will be held on To verify the status of Meetings call will be closed to the public on Monday, Wednesday, September 18, 1996 from (recording)—(301) 415–1292. September 9, 1996, 8:30 a.m. to 9:00 8:45 A.M. to 10:00 A.M. and on CONTACT PERSON FOR MORE INFORMATION: a.m. and on Tuesday, September 10, Thursday, September 19, 1996, from Bill Hill (301) 415–1661. 1996, 12:00 p.m. to 1:00 p.m. in 2:30 P.M. to 4:00 P.M. accordance with 5 U.S.C. 552b(c)(6), to The NRC Commission Meeting Schedule CONTACT PERSONS FOR FURTHER can be found on the Internet at: http:// allow for a discussion on procedures INFORMATION: Contact Susan Jensen- and conflicts of interest of scientific www.nrc.gov/SECY/smj/schedule.htm. Conklin or Carmelita Pratt at the This notice is distributed by mail to several priorities by the members. National Bankruptcy Review hundred subscribers. If you no longer wish FOR FURTHER INFORMATION CONTACT: Dr. Commission, Thurgood Marshall to receive it, or would like to be added to it, Alan N. Bunner, Code SA, National Federal Judiciary Building, One please contact the Office of the Secretary, Aeronautics and Space Administration, Columbus Circle, N.E., Suite G–350, Attn: Operations Branch, Washington, D.C. Washington, DC 20546, 202/358–0364. Washington, D.C. 20544; Telephone 20555 (301–415–1963). In addition, distribution of this meeting The remainder of the meeting will be Number: (202) 273–1813. open to the public up to the capacity of notice over the internet system is available. Susan Jensen-Conklin, If you are interested in receiving this the room. Deputy Counsel. Commission meeting schedule electronically, Dated: August 27, 1996. [FR Doc. 96–22464 Filed 9–3–96; 8:45 am] please send an electronic message to Alan M. Ladwig, [email protected] or [email protected]. BILLING CODE 6820±36±P Associate Administrator for Policy and Plans, Dated: August 30, 1996. National Aeronautics and Space William M. Hill, Jr., Administration. SECY Tracking Officer, Office of the [FR Doc. 96–22445 Filed 9–3–96; 8:45 am] NUCLEAR REGULATORY Secretary. BILLING CODE 7510±01±M COMMISSION [FR Doc. 96–22692 Filed 8–30–96; 2:02 pm] BILLING CODE 7590±01±M Sunshine Act Meeting NATIONAL BANKRUPTCY REVIEW COMMISSION AGENCY HOLDING THE MEETING: Nuclear NUREG: Issuance, Availability Regulatory Commission. The Nuclear Regulatory Commission Meeting DATE: Weeks of September 2, 9, 16, and 23, 1996. (NRC) has issued two final reports on AGENCY: National Bankruptcy Review estimating boiling water reactor (BWR) Commission. PLACE: Commissioners’ Conference decommissioning costs. They are ACTION: Notice of public meeting. Room, 11555 Rockville Pike, Rockville, NUREG/CR–6174, ‘‘Revised Analyses of Maryland. the Decommissioning for the Reference TIME AND DATE: Monday, September 16, STATUS: Public and Closed. Boiling Water Reactor Power Station,’’ 1996; 2:00 P.M. to 4:00 P.M.; and NUREG/CR–6270, ‘‘Estimating Wednesday, September 18, 1996; 8:30 MATTERS TO BE CONSIDERED: Boiling Water Reactor Decommissioning A.M. to 4:45 P.M.; and Thursday, Week of September 2 Costs.’’ The reports discuss and provide September 19, 1996; 8:30 A.M. to 4:00 methods for estimating Wednesday, September 4 P.M. decommissioning costs for BWRs. They PLACE: On Monday, September 16, 1996, 9:30 a.m. also provide background information to the Government Working Group of the Briefing by DOE on Status of HLW Program support rulemaking activities to modify (Public Meeting) Commission will hold a Planning funding assurance requirements for Meeting at the State Capitol Building— 11:00 a.m. Affirmation Session (Public Meeting) nuclear power reactor licensees. Room 303, Santa Fe, New Mexico. On a. SECY–96–100—Final Amendments to 10 Copies of NUREG/CR–6174 and Wednesday and Thursday, September CFR Parts 20 and 35 on Criteria for the NUREG/CR–6270 may be purchased 18–19, 1996, the Commission will hold Release of Individuals Administered from the Superintendent of Documents, its Meeting at the State Capitol Radioactive Material (tentative) U.S. Government Printing Office, P.O. Building—Room 307, Santa Fe, New b. SECY–96–118—Amendments to 10 CFR Box 37082, Washington, DC 20013– Mexico. The State Capitol Building is Parts 50, 52, and 100, and Issuance of a 7082. Copies are also available from the located at the intersection of Old Santa New Appendix S to Part 50 (tentative) National Technical Information Service, Fe Trail and Paseo de Peralta in Santa Thursday, September 5 5285 Port Royal Road, Springfield, VA Fe, New Mexico. 3:00 p.m. 22161. Copies are available for STATUS: All meetings will be open to the Briefing by Executive Branch (Closed—Ex. inspection and copying for a fee in the public. 1) NRC Public Document Room, 2120 L Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46669

Street, NW. (Lower Level), Washington, a.m. each day. The Commission expects Management, Inc. (the ‘‘Investment DC. The computer software for NUREG/ to discuss such issues as its comments Manager’’) or an affiliate may serve as CR–6270 can be purchased from the on the Secretary’s report on Volume investment adviser, manager, principal Energy Science and Technology Performance Standards, workforce underwriter or sponsor, to be sold to Software Center, P.O. Box 1020, Oak trends, managing Medicare fee for and held by: (a) variable annuity and Ridge, TN 37831–1020, Phone: (423) service, Medigap portability, PSOs, variable life insurance separate accounts 576–2606. federal premium contributions, and to (the ‘‘Separate Accounts’’) of both For further information contact hear updates on revising practice affiliated and unaffiliated life insurance George J. Mencinsky, U.S. Nuclear expense relative values in the Medicare companies (the ‘‘Participating Insurance Regulatory Commission, Mail Stop T–9 Fee Schedule, antitrust issues, the 5- Companies’’); and (b) qualified pension F31, Washington, DC 20555, Phone: year review of Medicare work relative and retirement plans outside of the (301) 415–6206. values, HCFA regulations on physician separate account context (the ‘‘Plans’’). Dated at Rockville, Maryland, this 23rd day financial incentives, and the Medicare FILING DATE: The application was filed of August, 1996. SELECT evaluation. Panels on Medicare on March 21, 1996. For the Nuclear Regulatory Commission. managed care, the response of academic HEARING OR NOTIFICATION OF HEARING: An Bill M. Morris, medical centers, and structuring choice order granting the application will be in the Medicare program are scheduled. Director, Division of Regulatory Applications, issued unless the Commission orders a Office of Nuclear Regulatory Research. The agenda is tentative at this time; a hearing. Interested persons may request final agenda will be available on Friday, [FR Doc. 96–22509 Filed 9–3–96; 8:45 am] a hearing on this application by writing September 13, 1996 and will be mailed to the Secretary of the SEC and serving BILLING CODE 7590±01±P at that time. Applicants with a copy of the request, ADDRESS: 2120 L Street, N.W., Suite 200; personally or by mail. Hearing requests Washington, D.C. 20037. The telephone must be received by the Commission by OFFICE OF PERSONNEL number is 202/653–7220. 5:30 p.m. on September 23, 1996, and MANAGEMENT FOR FURTHER INFORMATION CONTACT: accompanied by proof of service on the Federal Prevailing Rate Advisory Annette Hennessey, Executive Applicant in the form of an affidavit or, Committee Cancellation of Open Assistant, at 202/653–7220. for lawyers, a certificate of service. Committee Meeting SUPPLEMENTARY INFORMATION: If you are Hearing requests should state the nature not on the Commission mailing list and of the interest, the reason for the request According to the provisions of section wish to receive an agenda, please call and the issues contested. Persons may 10 of the Federal Advisory Committee 202/653–7220 after September 13, 1996. request notification of the date of a Act (Pub. L. 92–463), notice is hereby hearing by writing to the Secretary of given that the meeting of the Federal Lauren LeRoy, the SEC. Executive Director. Prevailing Rate Advisory Committee ADDRESSES: Secretary, SEC, 450 Fifth scheduled for Thursday, September 12, [FR Doc. 96–22502 Filed 9–3–96; 8:45 am] Street, N.W., Washington, D.C. 20549. 1996, has been canceled. BILLING CODE 6820±SE±M Applicant, Frances Cole, Esq., Charles Information on other meetings can be Schwab Investment Management, Inc., obtained by contacting the Committee’s 101 Montgomery Street, San Francisco, Secretary, Office of Personnel SECURITIES AND EXCHANGE CA 94104. Management, Federal Prevailing Rate COMMISSION FOR FURTHER INFORMATION CONTACT: Advisory Committee, Room 5559, 1900 [Rel. No. IC±22180; File No. 812±10052] Mark Amorosi, Attorney, or Patrice M. E Street, NW., Washington, DC 20415, Pitts, Special Counsel, Office of (202) 606–1500. Schwab Annuity Portfolios, et al. Insurance Products, Division of Dated: August 27, 1996. Investment Management, at (202) 942– August 27, 1996. Phyllis G. Foley, 0670. AGENCY: Securities and Exchange SUPPLEMENTARY INFORMATION: Following Chair, Federal Prevailing Rate Advisory Commission (the ‘‘SEC’’ or Committee. is a summary of the application; the ‘‘Commission’’). [FR Doc. 96–22499 Filed 9–3–96; 8:45 am] complete application is available for a ACTION: Notice of Application for BILLING CODE 6325±01±M fee from the Public Reference Branch of Exemptions under the Investment the SEC. Company Act of 1940 (the ‘‘1940 Act’’). Applicant’s Representations PHYSICIAN PAYMENT REVIEW APPLICANT: Schwab Annuity Portfolios 1. The Trust, an open-end COMMISSION (the ‘‘Trust’’). management investment company RELEVANT 1940 ACT SECTIONS: Order Commission Meeting organized as a Massachusetts business requested under Section 6(c) of the 1940 trust on January 21, 1994, currently AGENCY: Physician Payment Review Act from the provisions of Sections 9(a), consists of one series: the Schwab Commission. 13(a), 15(a) and 15(b) of the 1940 Act Money Market Portfolio (the ‘‘Series’’). and Rules 6e–2(b)(15) and 6e– ACTION: Notice of meeting. 2. The Investment Manager, registered 3(T)(b)(15) thereunder. investment adviser under the SUMMARY: The Commission will hold its SUMMARY OF APPLICATION: Applicant Investment Advisers Act of 1940, serves next public meeting on Thursday, seeks an order to the extent necessary to as the investment adviser and September 19, 1996 and Friday, permit shares of the Trust and shares of administrator to each Fund. The September 20, 1996, at the Washington any other investment company (the Investment Manager is a wholly-owned Marriott, 1221 22nd Street NW, ‘‘Future Funds,’’ collectively, with the subsidiary of the Charles Schwab Washington, DC, in the third floor Trust, the ‘‘Funds’’) that is designed to Corporation, a parent of investment conference center. The meetings are fund variable insurance products, and services companies incorporated in tentatively scheduled to begin at 9:00 for which Charles Schwab Investment California. 46670 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

3. The Trust currently offers shares of (‘‘UIT’’), Rule 6e–2(b)(15) provides 3(T) permits mixed funding, but does the Series only to Transamerica partial exemptions from Sections 9(a), not permit shared funding. Separate Account VA–5, a separate 13(a), 15(a) and 15(b) of the 1940 Act. 4. Applicant states that because the account of Transamerica Occidental Life The relief provided by Rule 6e–2 is relief under Rule 6e–3(T) is available Insurance Company and to Separate available to the investment adviser, only where shares are offered Account VA–5 NLNY, a separate principal underwriter, and sponsor or exclusively to separate accounts, account of First Transamerica Life depositor of the Separate Account. The additional exemptive relief is necessary Insurance Company (collectively exemptions granted by Rule 6e–2(b)(15) if shares of the Funds also are to be sold referred to as ‘‘Transamerica’’), to fund are available only where the to Plans. the benefits of Schwab Investment management investment company 5. Applicant states that changes in the Advantage TM, a variable annuity underlying the UIT offers its shares tax law have created the opportunity for contract issued by Transamerica. It is ‘‘exclusively to variable life insurance the Funds to increase their asset base intended, however, that shares of the separate accounts of the life insurer, or through the sale of Fund shares to Plans. Funds will be offered to separate of any affiliated life insurance Section 817(h) of the Internal Revenue accounts of other insurance companies, company.’’ The use of a common Code of 1986, as amended (the ‘‘Code’’), including insurance companies that are management investment company as the imposes certain diversification not affiliated with Transamerica. The underlying medium for both variable standards on the underlying assets of Funds also may be used as investment annuity and variable life insurance the Contracts held in the Funds. The vehicles for qualified pension and separate accounts of a single insurance Code provides that such Contracts shall retirement plans outside of the separate company (or of two or more affiliated not be treated as an annuity contract or account context. insurance companies) is referred to as life insurance contracts for any period 4. Upon the granting of the order ‘‘mixed funding.’’ The use of a common in which the underlying assets are not, requested in the application, the Funds management investment company as the in accordance with regulations intend to offer to Separate Accounts of underlying investment medium for prescribed by the Treasury Department, Participating Insurance Companies variable annuity and variable life adequately diversified. On March 2, shares of the Series and of future insurance separate accounts of 1989, the Treasury Department issued investment series to serve as the unaffiliated insurance companies is regulations which established investment vehicle for various types of referred to as ‘‘shared funding.’’ The diversification requirements for the variable insurance products, including, relief granted by Rule 6e–2(b)(15) is not investment portfolios underlying but not limited to, variable annuity available with respect to a scheduled variable contracts. Treas. Reg. § 1.817– contracts, single premium variable life premium variable life insurance 5(1989). The regulations provide that, to insurance policies, and flexible separate account that owns shares of an meet the diversification requirements, premium variable life insurance underlying fund that offers its shares to all of the beneficial interests in the contracts (collectively, the ‘‘Contracts’’). a variable annuity separate account of investment company must be held by The Funds also may offer shares of the the same company or of any other the segregated assets accounts of one or Series and of future investment series affiliated or unaffiliated life insurance more insurance companies. The directly to Plans outside of the separate company. Therefore, Rule 6e–2(b)(15) regulations do, however, contain certain account context. precludes mixed funding as well as exceptions to this requirement, one of 5. Participating Insurance Companies shared funding. which allows shares in an investment will establish their own Separate 2. Applicant states that because the company to be held by the trustee of a Accounts and design their own variable relief under Rule 6e–2(b)(15) is available qualified pension or retirement plan contracts. The role of the Funds under only where shares are offered without adversely affecting the ability of this arrangement, insofar as the federal exclusively to separate accounts of shares in the same investment company securities laws are applicable, will insurance companies, additional also to be held by the separate accounts consist of offering shares to the Separate exemptive relief is necessary if shares of of insurance companies in connection Accounts and fulfilling any conditions the Funds are also to be sold to Plans. with their variable contracts. Treas. Reg. that the Commission may impose upon 3. In connection with flexible § 1.817–5(f)(3)(iii). granting the order requested in the premium variable life insurance 6. Applicant states that the application. contracts issued through a separate promulgation of Rules 6e–2 and 6e–3(T) 6. Tax law permits the Funds to account registered under the 1940 Act under the 1940 Act preceded the increase their asset base through the sale as a UIT, Rule 6e–3(T)(b)(15) provides issuance of these Treasury Regulations. of shares of the Funds to Plans. Plans partial exemptions from Sections 9(a), Applicant asserts that, given the then may choose the Funds as the sole 13(a), 15(a), and 15(b) of the 1940 Act. current tax law, the sale of shares of the investment option under the Plan or as The relief provided by Rule 6e–3(T) also same investment company to both one of several investment options. is available to the investment adviser, separate accounts and plans could not Which investment choices are available principal underwriter, and sponsor or have been envisioned at the time of the to a Plan participant will depend upon depositor of the Separate Account. The adoption of Rules 6e–2(b)(15) and 6e– the Plan. Shares of the Funds sold to exemptions granted to a separate 3(T)(b)(15). Plans will be held by the trustees of the account by Rule 6e–3(T)(b)(15) are 7. Applicant therefore requests relief Plans, as mandated by Section 403(a) of available only where the UIT’s from Sections 9(a), 13(a), 15(a) and 15(b) the Employee Retirement Income underlying fund offers its shares of the 1940 Act, and Rules 6e–2(b)(15) Security Act (‘‘ERISA’’). ‘‘exclusively to separate accounts of the and 6e–3(T)(b)(15) thereunder, to the life insurer, or of any affiliated life extent necessary to permit shares of the Applicant’s Legal Analysis insurance company, offering either Funds to be offered and sold in 1. In connection with the funding of scheduled or flexible contracts, or both; connection with both mixed and shared scheduled premium variable life or which also offer their shares to funding. insurance contracts issued through a variable annuity separate accounts of 8. Section 9(a) of the 1940 Act separate account registered under the the life insurer or of an affiliated life provides that it is unlawful for any 1940 Act as a unit investment trust insurance company.’’ Thus, Rule 6e– company to serve as investment adviser Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46671 to or principal underwriter for any interprets the 1940 Act to require such 13. Applicant further represents that registered open-end investment privileges. the Funds’ sale of shares to the Plans company if an affiliated person of that 11. Rules 6e–2(b)(15)(iii) and 6e– does not affect the relief requested in company is subject to a disqualification 3(T)(b)(15)(iii) under the 1940 Act this regard. As noted previously, shares enumerated in Section 9(a)(1) or (2). provide exemptions from the pass- of the Funds sold to Plans would be Rules 6e–2(b)(15) and 6e–3(T)(b)(15) through voting requirement with respect held by the trustees of such Plans as provide exemptions from Section 9(a) to several significant matters, assuming required by Section 403(a) of ERISA. under certain circumstances, subject to observance of the limitations on mixed Section 403(a) provides that the the limitations on mixed and shared and shared funding imposed by the trustee(s) must have exclusive authority funding. The relief provided by Rules 1940 Act and the rules thereunder. More and discretion to manage and control 6e–2(b)(15)(i) and 6e–3(T)(b)(15)(i) specifically, Rules 6e–2(b)(15)(iii)(A) the Plan, with two exceptions: (a) When permits a person disqualified under and 6e–3(T)(b)(15)(iii)(A) provide that the Plan expressly provides that the Section 9(a) to serve as an officer, an insurance company may disregard trustee(s) is (are) subject to the direction director, or employee of the life insurer, voting instructions of its contract of a named fiduciary who is not a or any of its affiliates, so long as that owners with respect to the investments trustee, in which case the trustee(s) is person does not participate directly in of an underlying fund, or any contract (are) subject to proper directions made the management or administration of between an underlying fund and its in accordance with the terms of the Plan the underlying fund. The relief provided investment adviser, when required to do and not contrary to ERISA; and (b) when by Rules 6e–2(b)(15)(ii) and 6e– so by an insurance regulatory authority. the authority to manage, acquire or 3(T)(b)(15)(ii) permits the life insurer to In addition, Rules 6e–2(b)(15)(iii)(B) and dispose of assets of the Plan is delegated serve as the underlying fund’s 6e–3(T)(b)(15)(iii)(B) provide that an to one or more investment managers investment adviser or principal insurance company may disregard pursuant to Section 402(c)(3) of ERISA. underwriter, provided that none of the voting instructions of its contract Unless one of the two exceptions stated insurer’s personnel who are ineligible owners if the contract owners initiate in Section 403(a) applies, Plan trustees pursuant to Section 9(a) participate in any change in the company’s have the exclusive authority and the management or administration of investment policies, principal responsibility for voting proxies. Where the fund. underwriter, or any investment adviser, a named fiduciary appoints an 9. Applicant states that the partial provided that disregarding such voting investment manager, the investment instructions is reasonable and subject to relief from Section 9(a) provided by manager has the responsibility to vote the other provisions of paragraphs Rules 6e–2(b)(15) and 6e–3(T)(b)(15), in the shares held unless the right to vote (b)(15)(ii) and (b)(7)(ii)(B) and (C) of effect, limits the amount of monitoring such shares is reserved to the trustees or each rule. to the named fiduciary. In any event, necessary to ensure compliance with 12. Applicant states that Rule 6e–2 Section 9 to that which is appropriate in there is no pass-through voting to the recognizes that variable life insurance participants in such Plans. Accordingly, light of the policy and purposes of the contracts have important elements Section. Applicant states that those Applicant notes that, unlike the case unique to insurance contracts, and are with Separate Accounts of Participating 1940 Act rules recognize that it is not subject to extensive state regulation. Insurance Companies, the issue of the necessary for the protection of investors Applicant maintains, therefore, that in resolution of material irreconcilable or the purposes fairly intended by the adopting Rule 6e–2, the Commission conflicts with respect to voting is not policy and provisions of the 1940 Act to expressly recognized that exemptions present with Plans. apply the provisions of Section 9(a) to from pass-through voting requirements 14. Applicant states that no increased the many individuals in a large are necessary ‘‘to assure the solvency of conflicts of interest would be presented insurance company complex, most of the life insurer and performance of its if the requested relief were granted. whom will have no involvement in contractual obligations by enabling an Applicant asserts that shared funding matters pertaining to investment insurance regulatory authority or the life does not present any issues that do not companies within that organization. insurer to act when certain proposals already exist where a single insurance Applicant notes that the Participating reasonably could be expected to company is licensed to do business in Insurance Companies are not expected increase the risks undertaken by the life several, or all, states. Applicant notes to play any role in the management or insurer.’’ Applicant notes that, in this that where insurers are domiciled in administration of the Funds. Therefore, respect, flexible premium variable life different states, it is possible that the Applicant asserts, applying the insurance contracts are identical to state insurance regulatory body in a restrictions of Section 9(a) serves no scheduled premium variable life state in which one insurance company regulatory purpose. The application insurance contracts, and submits that is domiciled could require action that is states that the relief requested should the corresponding provisions of Rule inconsistent with the requirements of not be affected by the proposed sale of 6e–3(T) (which apply to flexible insurance regulators in one or more shares of the Funds to the Plans because premium insurance contracts and which other states in which other insurance the Plans are not investment companies permit mixed funding) undoubtedly companies are domiciled. Applicant and are not, therefore, subject to Section were adopted in recognition of the same submits that this possibility is no 9(a). considerations as the Commission different from and no greater than what 10. Rules 6e–2(b)(15)(iii) and 6e– applied in adopting Rule 6e–2. exists where a single insurer and its 3(T)(b)(15)(iii) under the 1940 Act Applicant further submits that these affiliates offer their insurance products assume the existence of a pass-through considerations are no less important or in several states. voting requirement with respect to necessary when an insurance company 15. Applicant further submits that management investment company funds its separate accounts in affiliation does not reduce the potential, shares held by a Separate Account. The connection with mixed and shared if any exists, for differences in state application states that the Participating funding, and that such mixed and regulatory requirements. In any event, Insurance Companies will provide pass- shared funding does not compromise the conditions (adapted from the through voting privileges to all Contract the goals of the insurance regulatory conditions included in Rule 6e– owners so long as the Commission authorities or of the Commission. 3(T)(b)(15)) discussed below are 46672 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices designed to safeguard against any requirements for such portfolios, investment objectives. The basic adverse effects these differences may specifically permits ‘‘qualified pension premise of shareholder voting is that not produce. If a particular state insurance or retirement plans’’ and Separate all shareholders may agree with a regulator’s decision conflicts with that Accounts to share the same underlying particular proposal. The state insurance of a majority of other state regulators, management investment company. commissioners have been given the veto the affected insurer may be required to Therefore, Applicant has concluded that power in recognition of the fact that withdraw its Separate Account’s neither the Code, the Treasury insurance companies usually are unable investment in the relevant Fund. regulations nor the revenue rulings to simply redeem their Separate 16. Applicant also argues that thereunder present any inherent Accounts out of one fund and invest affiliation does not eliminate the conflicts of interest if Plans, variable those monies in another fund. Complex potential, if any exists, for divergent annuity Separate Accounts and variable and time consuming transactions must judgments as to the advisability or life insurance Separate Accounts all be undertaken to accomplish such legality of a change in investment invest in the same management redemptions and transfers. By contrast, policies, principal underwriter, or investment company. trustees of Plans or the participants in investment adviser initiated by Contract 20. Applicant states that while there participant-directed Plans can make the owners. Potential disagreement is are differences in the manner in which decision quickly and implement limited by the requirement that the distributions are taxed for variable redemption of shares from a Fund and Participating Insurance Company’s annuity contracts, variable life reinvest the monies in another funding disregard of voting instructions be both insurance contracts and Plans, these tax vehicle without the same regulatory reasonable and based on specified good consequences do not raise any conflicts impediments or, as is the case with most faith determinations. However, if a of interest. When distributions are to be Plans, even hold cash pending suitable Participating Insurance Company’s made and the Separate Account or the investment. Based on the foregoing, decision to disregard Contract owner Plan is unable to net purchase payments Applicant represents that even should instructions represents a minority to make the distributions, the Separate there arise issues where the interest of position or would preclude a majority Account or the Plan will redeem shares Contract owners and the interests of vote approving a particular change, such of the Funds at their respective net asset Plans conflict, the issues can be Participating Insurance Company may value. The Plan then will make resolved almost immediately in that be required, at the election of the distributions in accordance with the trustees of the Plans can, independently, relevant Fund, to withdraw its terms of the Plan. A Participating redeem shares out of the Funds. investment in that Fund. No charge or Insurance Company will surrender penalty will be imposed as a result of values from the Separate Account into 24. Applicant states that various such withdrawal. the general account to make factors have kept certain insurance 17. Applicant states that there is no distributions in accordance with the companies from offering variable reason why the investment policies of a terms of the variable contract. annuity and variable life insurance Fund with mixed funding would or 21. Applicant also states that it is contracts. According to Applicant, these should be materially different from what possible to provide an equitable means factors include: the cost of organizing those policies would or should be if of giving voting rights to Contract and operating an investment funding such investment company or series owners and to Plans. Applicant medium; the lack of expertise with thereof funded only variable annuity or represents that the Funds will inform respect to investment management variable life insurance contracts. each shareholder, including each (particularly with respect to stock and Applicant therefore argues that there is Separate Account and Plan, of its money market investments); and the no reason to believe that conflicts of respective share of ownership in the lack of name recognition by the public interest would result from mixed respective Funds. Each Participating of certain insurers as investment funding. Moreover, Applicant Insurance Company will then solicit professionals. Applicant argues that use represents that the Funds will not be voting instructions in accordance with of the Funds as common investment managed to favor or disfavor any Rules 6e–2 and 6e–3(T). media for the Contracts would ease particular insurance company or type of 22. Applicant submits that the ability these concerns. Participating Insurance Contract. of the Funds to sell their respective Companies would benefit not only from 18. Applicant notes that no one shares directly to Plans does not create the investment and administrative investment strategy can be identified as a ‘‘senior security,’’ as such term is expertise of the Funds’ investment appropriate to a particular insurance defined under Section 18(g) of the 1940 adviser, but also from the cost product. Each pool of variable annuity Act, with respect to any Contract owner efficiencies and investment flexibility and variable life insurance contract as compared to a participant under a afforded by a large pool of funds. owners is composed of individuals of Plan. Regardless of the rights and Applicant states that making the Funds diverse financial status, age, insurance, benefits of participants and Contract available as common investment media and investment goals. An investment owners under the respective Plans and for variable insurance contracts would company supporting even one type of Contracts, the Plans and the Separate benefit contract owners by: (a) insurance product must accommodate Accounts have rights only with respect Eliminating a significant portion of the these diverse factors in order to attract to their shares of the Funds. Such shares costs of establishing and administering and retain purchasers. may be redeemed only at net asset separate funds; (b) increasing the 19. Applicant also notes that Section value. No shareholder of any of the amount of assets available for 817(h) of the Code imposes certain Funds has any preference over any other investment by the Funds, thereby diversification standards on the shareholder with respect to distribution promoting economies of scale, underlying assets of variable annuity of assets or payment of dividends. permitting increased safety of contracts and variable life insurance 23. Applicant states that there are no investments through greater contracts held in the portfolios of conflicts between Contract owners and diversification, and making the addition management investment companies. participants under the Plans with of new portfolios more feasible; and (c) Treasury Regulation 1.817–5(f)(3)(iii), respect to the state insurance encouraging more insurance companies which established diversification commissioners’ veto powers over to offer variable contracts, resulting in Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46673 increased competition with respect to responsible for assisting the appropriate relevant Fund, to withdraw its Separate both the design and the pricing of Board in carrying out its responsibilities Account’s investment in the Fund, and variable contracts, which can be under these conditions by providing the no charge or penalty will be imposed as expected to result in greater product Board with all information reasonably a result of such withdrawal. variation and lower charges. Applicant necessary for the Board to consider any 5. The responsibility to take remedial believes that there is no significant legal issues raised. This responsibility action in the event of a Board impediment to permitting mixed and includes, but is not limited to, an determination of a material shared funding. obligation by each Participating irreconcilable conflict and to bear the cost of such remedial action shall be a Applicant’s Conditions Insurance Company to inform the Board whenever Contract owner voting contractual obligation of all Applicant has consented to the instructions are disregarded. The Participating Insurance Companies and following conditions if the order responsibility to report such Plans under the agreements governing requested in the application is granted: information and conflicts to and to their participation in the Funds. The 1. A majority of the Board of Trustees assist the Board will be a contractual responsibility to take such remedial or Directors of each Fund (each, a obligation of all Participating Insurance action shall be carried out with a view ‘‘Board’’) shall consist of persons who Companies and Plans investing in the only to the intents of Contract owners are not ‘‘interested persons’’ of the Funds under their agreements governing and Participants in the Plan. Funds, as defined by Section 2(a)(19) of participation in the Funds and such 6. For purposes of Condition Four, a the 1940 Act and the rules thereunder agreements shall provide that these majority of the disinterested members of and as modified by any applicable responsibilities will be carried out with the applicable Board shall determine orders of the Commission, except that, a view only to the interests of Contract whether any proposed action adequately if this condition is not met by reason of owners, and, if applicable, Plan remedies any material irreconcilable the death, disqualification, of bona fide participants. conflict, but in no event will the resignation of any trustee or director, relevant Fund or the Investment then the operation of this condition 4. If it is determined by a majority of Manager (or any affiliated adviser) be shall be suspended: (a) for a period of the Board, or by a majority of its required to establish a new funding 45 days if the vacancy or vacancies may disinterested trustees or directors, that medium for any Contract. Further, no be filled by the Board; (b) for a period an irreconcilable material conflicts Participating Insurance Company shall of 60 days if a vote of shareholders is exists, the relevant Participating be required by Condition Four to required to fill the vacancy or vacancies; Insurance Company and Plan shall, at establish a new funding medium for any or (c) for such longer period as the its expense and to the extent reasonably Contract if any offer to do so has been Commission may prescribe by order practicable (as determined by a majority declined by a vote of a majority of the upon application. of the disinterested trustees or Contract owners materially affected by 2. Each Board will monitor its directors), take any steps necessary to the material irreconcilable conflict. respective Fund for the existence of any remedy or eliminate the irreconcilable 7. A Board’s determination of the material irreconcilable conflict among material conflict, including: (a) existence of an irreconcilable material the interests of the Contract owners of Withdrawing the assets allocable to conflict and its implications shall be all of the Separate Accounts investing in some or all of the Separate Accounts made known promptly and in writing to the respective Funds. A material from the affected Funds and reinvesting all Participants. irreconcilable conflict may arise for a such assets in a different investment 8. Participating Insurance Companies variety of reasons, including: (a) An medium including another series of the will provide pass-through voting action by any state insurance regulatory relevant Fund, or submitting the privileges to all Contract owners so long authority; (b) a change in applicable question as to whether such segregation as the Commission continues to federal or state insurance, tax, or should be implemented to a vote of all interpret the 1940 Act as requiring pass- securities laws or regulations, or a affected contract owners and, as through voting privileges for Contract public ruling, private letter ruling, no- appropriate, segregating the assets of owners. Accordingly, the Participating action or interpretative letter, or any any appropriate group (i.e., variable Insurance Companies will vote shares of similar action by insurance, tax, or annuity contract owners or variable life the Funds held in their Separate securities regulatory authorities; (c) an insurance contract owners of one or Accounts in a manner consistent with administrative or judicial decision in more Participating Insurance voting instructions timely received from any relevant proceeding; (d) the manner Companies) that votes in favor of such Contract owners. Each Participating in which the investments of any series segregation, or offering to the affected Insurance Company will vote shares of of the Funds are managed; (e) a variable contract owners the option of a Fund held in the Participating difference in voting instructions given making such a charge; (b) withdrawing Insurance Company’s Separate by owners of variable annuity contracts the assets allocable to some or all of the Account(s) for which no voting and owners of variable life insurance Plans from the affected Fund or any instructions from the Contract owners contracts; or (f) a decision by a series of the Fund and reinvesting such are timely received, as well as shares of Participating Insurance Company to assets in a different investment medium, the Fund which the Participating disregard the voting instructions of including another series of the Fund; Insurance Company itself owns, in the Contract owners. and (c) establishing a new registered same proportion as those shares of the 3. The Participating Insurance management investment company or Fund for which voting instructions from Companies, the Investment Manager (or managed separate account. If a material Contract owners are timely received. any affiliated adviser), and any Plan that irreconcilable conflict arises because of Participating Insurance Companies will executes a fund participation agreement a Participating Insurance Company’s be responsible for assuring that each of upon becoming an owner of 10% or decision to disregard Contract owner their Separate Accounts that more of the assets of a Fund (the voting instructions, and that decision participates in the Funds calculates ‘‘Participants’’) will report any potential represents a minority position or would voting privileges in a manner consistent or existing conflicts to the respective preclude a majority vote, the insurer with other Participating Insurance responsible Board. Participants will be may be required, at the election of the Companies. The obligation to calculate 46674 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices voting privileges in a manner consistent necessary to comply with Rules 6e–2 Administration (SBA) pursuant to with all other Separate Accounts will be and 6e–3(T), as amended, and Rule 6e– Section 107.102 of the Regulations a contractual obligation of all 3, as adopted, to the extent such rules governing small business investment Participating Insurance Companies are applicable. companies (13 C.F.R. 107–102 (1996)) under the agreements governing their 13. No less than annually, the for a license to operate as a small participation in the Funds. Participants shall submit to each Fund’s business investment company. 9. All reports received by the Board of Board such reports, materials, or data as Notice is hereby given that, pursuant potential or existing conflicts, and all the Board reasonably may request so to Section 301(c) of the Small Business Board action with regard to determining that the directors or trustees, as Investment Act of 1958, as amended, the existence of a conflict, notifying appropriate, of the Fund may carry out after having considered the application Participants of a conflict, and fully the obligations imposed upon and all other pertinent information, SBA determining whether any proposed them by the conditions contained in the issued License No. 07/07–0098 on May action adequately remedies a conflict, application. Such reports, materials, and 14, 1996, to Enterprise Fund, L.P. to will be properly recorded in the minutes data shall be submitted more frequently operate as a small business investment of the appropriate Board or other if deemed appropriate by the Board. The company. appropriate records. Such minutes or obligations of the Participating (Catalog of Federal Domestic Assistance other records shall be made available to Insurance Companies and Plans to Program No. 59.011, Small Business the Commission upon request. provide these reports, materials, and Investment Companies) 10. Each Fund shall disclose in its data to a Fund’s Board, when the Dated: August 26, 1996. prospectus that: (a) The Fund is appropriate Board so reasonably Don A. Christensen, intended to be a funding vehicle for all requests, shall be a contractual Associate Administrator for Investment. types of variable annuity and variable obligation of all Participating Insurance life insurance contracts offered by [FR Doc. 96–22463 Filed 9–3–96; 8:45 am] Companies and Plans under the BILLING CODE 8025±01±M various insurance companies and agreements governing their participation certain qualified pension and retirement in the Funds. plans; (b) material irreconcilable 14. If a Plan becomes an owner of [License No. 09/09±0406] conflicts may arise; and (c) the Fund’s 10% or more of the assets of a Fund, FNF Ventures, Inc.; Notice of Issuance Board will monitor events in order to such Plan will execute a fund of a Small Business Investment identify the existence of any material participation agreement with the Company License irreconcilable conflicts and to determine applicable Fund including the what action, if any, should be taken in conditions set forth herein to the extent On December 14, 1995, an application response to any such conflict. Each applicable. A Plan will execute an was filed by FNF Ventures, Inc., Fidelity Fund will notify all Participating application with each of the Funds National Ventures, Inc., 17911 Von Insurance Companies that Separate containing an acknowledgment of this Karman, Suite 500, Irvine, California Account prospectus disclosure condition upon such Plan’s initial 92714–6253, with the Small Business regarding potential risks of mixed and purchase of the shares of any Fund. Administration (SBA) pursuant to shared funding may be appropriate. 11. Each Fund will comply with all Conclusion Section 107.102 of the Regulations provisions of the 1940 Act requiring governing small business investment For the reasons stated above, voting by shareholders, and, in companies (13 CFR 107.102 (1996)) for Applicant asserts that the requested particular, each Fund will either a license to operate as a small business exemptions from Sections 9(a), 13(a), provide for annual meetings (except to investment company. 15(a) and 15(b) of the 1940 Act and the extent that the Commission may Notice is hereby given that, pursuant Rules 6e–2 and 6e–3(T) thereunder are interpret Section 16 of the 1940 Act not to Section 301(c) of the Small Business appropriate in the public interest and to require such meetings) or comply Investment Act of 1958, as amended, with Section 16(c) of the 1940 Act consistent with the protection of after having considered the application (although the Fund is not one of the investors and the purposes fairly and all other pertinent information, SBA trusts described in Section 16(c) of the intended by the policy and provisions of issued License No. 09/09–0406 on 1940 Act), as well as with Section 16(a), the 1940 Act. August 20, 1996, to FNF Ventures, Inc. and, if applicable, Section 16(b) of the For the Commission, by the Division of to operate as a small business 1940 Act. Further, each Fund will act in Investment Management, pursuant to investment company. accordance with the Commission’s delegated authority. (Catalog of Federal Domestic Assistance interpretation of the requirements of Margaret H. McFarland, Program No. 59.011, Small Business Section 16(a) with respect to periodic Deputy Secretary. Investment Companies) elections of directors (or trustees) and [FR Doc. 96–22454 Filed 9–3–96; 8:45 am] Dated: August 26, 1996 with whatever rules the Commission BILLING CODE 8010±01±M Don A. Christensen, may promulgate with respect thereto. Associate Administrator for Investment. 12. If, and to the extent that, Rules 6e– [FR Doc. 96–22466 Filed 9–3–96; 8:45 am] 2 and 6e–3(T) are amended (or if Rule SMALL BUSINESS ADMINISTRATION BILLING CODE 8025±01±P 6e–3 under the 1940 Act is adopted) to provide exemptive relief from any Enterprise Fund, L.P.; Notice of provision of the 1940 Act or the rules Issuance of a Small Business [License No. 02/02±0568] thereunder with respect to mixed and Investment Company License Toronto Dominion Capital (U.S.A.), shared funding on terms and conditions [License No. 07/07±0098] Inc.; Notice of Issuance of a Small materially different from any Business Investment Company exemptions granted in the order On September 19, 1995, an License requested by Applicant, then the Funds application was filed by Enterprise and/or the Participants, as appropriate, Fund, L.P., Clayton, Missouri 63105– On January 19, 1996, an application shall take such steps as may be 3753, with the Small Business was filed by Toronto Dominion Capital Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46675

(U.S.A.), Inc., The Toronto Dominion system. The routine uses are discussed individual who has submitted a PASS. Bank, 31 West 52nd Street, 20th Floor, below. Based on past experience, we expect to New York, New York 10019–6101, with We invite public comment on this process approximately 5,500 new PASS the Small Business Administration publication. per year. We will collect and maintain (SBA) pursuant to Section 107.102 of DATES: We filed a report of the proposed only the information that is essential for the Regulations governing small system of records with the Senate program evaluation and case control business investment companies (13 Committee on Governmental Affairs, the purposes. C.F.R. 107.102 (1996)) for a license to House Committee on Government II. Collection and Maintenance of Data operate as a small business investment Reform and Oversight, and the Office of in the System company. Management and Budget (OMB), Office Notice is hereby given that, pursuant of Information and Regulatory Affairs, Most of the information in this system to Section 301(c) of the Small Business on August 20, 1996. We have requested of records will already be in existing Investment Act of 1958, as amended, a waiver of the OMB 40-day advance SSA Privacy Act systems of records, in after having considered the application notice period for this system of records. the Claims Folder system (09–60–0089) and all other pertinent information, SBA If OMB grants the waiver, the system of or the Supplemental Security Income issued License No. 02/02–0568 on records is effective upon publication in Record system (09–60–0103). Some new August 1, 1996, to Toronto Dominion the Federal Register; if OMB does not information will be obtained from SSI Capital (U.S.A.), Inc. to operate as a grant the waiver, we will implement the recipients or from other persons, or will small business investment company. system on October 4, 1996. In any event, be generated by SSA. Holding this (Catalog of Federal Domestic Assistance we will not disclose any information information together will facilitate Program No. 59.011, Small Business under a routine use until 30 days after review and oversight of SSI claims Investment Companies) publication. We may defer involving PASS by SSA management. Dated: August 26, 1996. implementation of this system of III. Proposed Routine Use Disclosures Don A. Christensen, records or one or more of the routine of Data in the System Associate Administrator for Investment. use statements listed below if we We are proposing to establish the [FR Doc. 96–22465 Filed 9–3–96; 8:45 am] receive comments that persuade us to following routine use disclosures of BILLING CODE 8025±01±P defer implementation. ADDRESSES: Interested individuals may information which will be maintained comment on this proposal by writing to in the system: 1. To third-party contacts when the SOCIAL SECURITY ADMINISTRATION the SSA Privacy Officer. The mailing address is 3–A–6 Operations Building, party to be contacted has, or is expected Privacy Act of 1974; Report of New 6401 Security Boulevard, Baltimore, to have, information relating to the System of Records Maryland 21235; telephone 410–965– individual’s PASS, when: (a) The individual is unable to 1736. Comments may be faxed to 410– AGENCY: provide the information being sought. Social Security Administration 966–0869. All comments received will An individual is considered to be (SSA). be available for public inspection at the unable to provide certain types of ACTION: New system of records. above address. information when: SUMMARY: In accordance with the FOR FURTHER INFORMATION CONTACT: Mr. (1) He or she is incapable or of Privacy Act of 1974 (5 U.S.C. 552a(e)(4) Peter J. Benson, Office of Disclosure questionable mental capability; and (11)), we are notifying the public of Policy, 6401 Security Boulevard, (2) He or she cannot read or write; our intent to establish a new system of Baltimore, Maryland 21235; telephone (3) He or she cannot afford the cost of records. The proposed system is entitled 410–965–1736. obtaining the information; ‘‘Plans for Achieving Self-Support SUPPLEMENTARY INFORMATION: (4) He or she has a hearing (PASS) Management Information impairment, and is contacting SSA by System, SSA/OPBP, 05–009.’’ I. Description of the Proposed System of telephone through a Supplemental Security Income (SSI) Records telecommunications relay system recipients can engage in gainful Sections 1612(b)(4)(A), 1612(b)(4)(B), operator; employment or receive income in other and 1613(a)(4) of the Social Security Act (5) A language barrier exists; or ways that contribute toward their authorize the Commissioner of Social (6) The custodian of the information regaining the ability to participate Security, when determining eligibility will not, as a matter of policy, provide normally in the work force. Individuals for, or the amount of, supplemental it to the individual; or can report their earnings from work security income (SSI) benefits, to (b) The data are needed to establish activity or other job-related income by exclude such income or resources as the validity of evidence or to verify the means of a PASS, which becomes part determined to be necessary for the accuracy of information presented by of their SSI claim documentation. fulfillment of Plans for Achieving Self- the individual in connection with his or The system will maintain information Support (PASS) approved by the her PASS; or SSA is reviewing the about plans to establish financial self- Commissioner. information as a result of suspected sufficiency submitted by certain We are proposing to establish a more abuse or fraud, concern for program recipients of SSI under title XVI of the effective and efficient case control and integrity, quality appraisal, or Social Security Act. SSA management management information system than evaluation and measurement activities. will use the information in the system we now have for PASS program Although most of the information that to keep track of SSI claims involving evaluation purposes. The system would will be maintained in this system will PASS and perform quality assurance maintain information about individuals already be in SSA’s files, SSA will and program reviews and other studies who have submitted a PASS. occasionally need to obtain additional regarding PASS. The proposed system will consist of information from SSI recipients or other We are also proposing to establish computerized files and some paper sources. When an SSI recipient has certain routine use disclosures of the records retrievable by the Social difficulty communicating with SSA or information to be maintained in the Security number (SSN) and name of the obtaining needed information because 46676 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices of a physical handicap, a language SSA occasionally contracts out certain determination would be made in each barrier, or other reason, SSA helps the of its functions when this would instance that, under the circumstances individual as needed. There can also be contribute to effective and efficient involved, the purpose served by the use other situations in which SSA requests operations. SSA must be able to give a of the information in the particular information from a source other than the contractor whatever information is litigation is compatible with a purpose subject individual. To request needed necessary for the contractor to fulfill its for which SSA collects the information. duties. In these situations, safeguards information from such other sources, IV. Compatibility of the Proposed are provided in the contract prohibiting SSA must disclose minimal information Routine Uses about the individual to them, for the contractor from using or disclosing example, information identifying the the information for any purpose other We are proposing the routine use individual and the fact that the subject than that described in the contract. statements discussed above in individual is, or was, a recipient of SSI 6. Nontax return information that is accordance with the Privacy Act (5 payments. not restricted from disclosure by Federal U.S.C. 552a(a)(7), (b)(3), (e)(4) and 2. To a Congressional office in law may be disclosed to the General (e)(11) and our disclosure regulation (20 response to an inquiry from that office Services Administration or the National CFR part 401). made at the request of the subject of the Archives and Records Administration The Privacy Act permits us to disclose record. (NARA) for the purpose of conducting information about individuals without their consent for a routine use, i.e., Individuals sometimes request the records management studies with when the information will be used for help of a Member of Congress in respect to their duties and a purpose that is compatible with the resolving some issue relating to a matter responsibilities under 44 U.S.C. 2904 purpose for which we collected the before SSA. The Member of Congress and 2906. information. then writes SSA, and SSA must be able The General Services Administration (GSA) and NARA are responsible for Our disclosure regulation allows us to to give sufficient information to be disclose information under a routine use responsive to the inquiry. archiving old records no longer actively used but which may be appropriate for when the disclosure will be used to 3. To the Department of the Treasury, administer one of our programs or a Internal Revenue Service, for the preservation; they are responsible in general for the physical maintenance of similar program of another government purpose of auditing SSA’s compliance agency, or when disclosure is required with the safeguard provisions of the the Federal government’s records. SSA must be able to turn records over to by law. See 20 CFR 401.205 and Internal Revenue Code of 1986, as 401.310. amended. these agencies in order to determine the proper disposition of such records. In all of the routine use disclosures Wage and self-employment income described above, either the recipient of information in SSA’s files, obtained 7. To the Department of Justice (DOJ), a court or other tribunal, or another the information will use the information through the Federal tax reporting in connection with a matter relating to process, is considered to be ‘‘tax return’’ party before such tribunal, when: (a) SSA or any component thereof, or one of SSA’s programs (for example, information, subject to the (b) any SSA employee in his or her disclosures to obtain other information confidentiality provisions of section official capacity, or needed for a purpose related to PASS 6103 of the Internal Revenue Code, 26 (c) any SSA employee in his or her from sources other than the SSI U.S.C. 6193, administered by the individual capacity when DOJ (or SSA recipient, disclosures to contractors Internal Revenue Service (IRS). SSA when it is authorized to do so) has assisting SSA with an administrative must give IRS information to allow IRS agreed to represent the employee, or function, disclosure in connection with to carry out its necessary auditing (d) the United States or any agency litigation relating to (or affecting) a functions under that statute to thereof (when SSA determines that the program administered by SSA) or determine whether SSA is maintaining litigation is likely to affect the disclosure is required by law (for and disclosing tax return information in operations of SSA or any of its example, to IRS, GSA and NARA). Uses accordance with that statute. components) is a party to litigation or of information in connection with 4. To the Office of the President for has an interest in such litigation, and matters affecting SSA’s programs are the purpose of responding to an SSA determines that the use of such self-evidently ‘‘compatible.’’ Where individual pursuant to an inquiry records by DOJ, the court, or other disclosure is required by law, the statute received from that individual or from a tribunal, or party before such court or establishes that the mandated use of third party on his or her behalf. tribunal is relevant and necessary to the information described in that statute is Individuals sometimes request the litigation, provided, however, that in one of the statutorily prescribed uses for help of the President in resolving some each case SSA determines that such which that information is collected and issue relating to matters before SSA. The disclosure is compatible with the maintained by SSA. Office of the President then writes SSA, purpose for which the records were V. Safeguards and SSA must be able to give sufficient collected. information to be responsive to the Wage and other information that is We will employ a number of security inquiry. subject to the disclosure provisions of measures to minimize the risk of 5. Information may be disclosed to a the Internal Revenue Code (IRC, 26 unauthorized access to or disclosure of contractor or another Federal agency, as U.S.C. 6103) will not be disclosed under personal data in the proposed system. necessary for the purpose of assisting this routine use unless disclosure is These measures include the use of SSA in the efficient administration of its expressly permitted by the IRC. passwords and access codes to enter the programs. We contemplate disclosing Whenever SSA is involved in computer system which will maintain information under this routine use only litigation, or occasionally when another the data, and storage of the in situations in which SSA may enter party is involved in litigation and SSA’s computerized records and paper into a contractual or similar agreement policies or operations could be affected records, in secured areas which are with a third party to assist in by the outcome of the litigation, SSA accessible only to employees who accomplishing an SSA function relating would be able to disclose information to require the information in performing to this system of records. the court or the parties involved. A their official duties. SSA employees Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46677 who have access to the data will be CATEGORIES OF INDIVIDUALS COVERED BY THE (5) A language barrier exists; or informed of the criminal penalties of the SYSTEM: (6) The custodian of the information Privacy Act for unauthorized access to This system maintains information on will not, as a matter of policy, provide or disclosure of information maintained disabled and blind individuals who are it to the individual; or in the system. Supplemental Security Income (b) The data are needed to establish recipients and who have submitted the validity of evidence or to verify the VI. Effect of the Proposed System of plans for achieving self-support under accuracy of information presented by Records on Individual Rights sections 1612(b)(4)(A), 1612(b)(4)(B), the individual in connection with his or While some new information will be and 1613(a)(4) of the Social Security her PASS; or SSA is reviewing the collected or generated by SSA for this Act. information as a result of suspected system, most of the information abuse or fraud, concern for program maintained in the system will be CATEGORIES OF RECORDS IN THE SYSTEM: integrity, quality appraisal, or obtained from other SSA systems of This system contains the beneficiary’s evaluation and measurement activities. records. Routine use disclosures of name; Social Security number (SSN); 2. To a Congressional office in information in this system will be even disability diagnosis; occupational response to an inquiry from that office more limited than those permitted from objective; information as to whether the made at the request of the subject of the the other systems or records furnishing individual’s plan was developed by a record. information to this system. SSA will use third party and, if so, the identity of the 3. To the Department of the Treasury, the data internally to track cases third party; if the PASS was Internal Revenue Service, for the involving PASS, and perform quality disapproved, terminated or suspended, purpose of auditing SSA’s compliance assurance and program integrity reviews the basis for that action; information with the safeguard provisions of the and other management studies. SSA relating to his or her earnings and Internal Revenue Code of 1986, as will apply the safeguards described employment at the beginning and end of amended. above to information in this system and the PASS; the nature and costs of those 4. To the Office of the President for will comply with the provisions of the goods and services which the individual the purpose of responding to an Privacy Act, the Social Security Act and has purchased or proposes to purchase individual pursuant to an inquiry other laws pertaining to the under his or her plan; information about received from that individual or from a maintenance, use and disclosure of such goods and services actually purchased third party on his or her behalf. information. Any action, resulting from with respect to an approved plan; and 5. Information may be disclosed to a SSA’s use of information maintained in information about plans that were not contractor or another Federal agency, as this system of records and affecting an approved (e.g., the basis for denial of necessary for the purpose of assisting individual’s Supplemental Security approval of a plan). SSA in the efficient administration of its programs. We contemplate disclosing Income benefits, will be taken in AUTHORITY FOR MAINTENANCE OF THE SYSTEM: accordance with the Social Security Act information under this routine use only Secs. 1602, 1612(b)(4)(A), and regulations and procedures in situations in which SSA may enter 1612(b)(4)(B), and 1613(a)(4) of the established to implement that statute. into a contractual or similar agreement Social Security Act. Consequently, we do not anticipate that with a third party to assist in this system of records or the routine PURPOSE(S): accomplishing an SSA function relating uses established for the disclosure of SSA uses the information in the to this system of records. 6. Nontax return information that is information maintained in this system system for program evaluation purposes not restricted from disclosure by Federal of records would have any unwarranted and to determine the number and types law may be disclosed to the General adverse effect on the privacy rights or of individuals that are successfully Services Administration or the National other rights of individuals covered by returning to work as a result of the Archives and Records Administration the system. PASS. for the purpose of conducting records Dated: August 20, 1996. ROUTINE USES OF RECORDS MAINTAINED IN THE management studies with respect to Shirley S. Chater, SYSTEM, INCLUDING CATEGORIES OF USERS AND their duties and responsibilities under Commissioner of Social Security. THE PURPOSES OF SUCH USES: 44 U.S.C. 2904 and 2906. 7. To the Department of Justice (DOJ), 05±009 Disclosure may be made for routine uses as indicated below: a court or other tribunal, or another SYSTEM NAME: 1. To third-party contacts when the party before such tribunal, when: Plans for Achieving Self-Support party to be contacted has, or is expected (a) SSA or any component thereof, or (PASS) Management Information to have, information relating to the (b) Any SSA employee in his or her System, SSA/OPBP. individual’s PASS, when: official capacity, or (a) The individual is unable to (c) Any SSA employee in his or her SECURITY CLASSIFICATION: provide the information being sought. individual capacity when DOJ (or SSA None. An individual is considered to be when it is authorized to do so) has unable to provide certain types of agreed to represent the employee, or SYSTEM LOCATION: information when: (d) The United States or any agency Social Security Administration, Office (1) He or she is incapable or of thereof (when SSA determines that the of Program Benefits Policy, 760 questionable mental capability; litigation is likely to affect the Altmeyer Building, 6401 Security (2) He or she cannot read or write; operations of SSA or any of its Boulevard, Baltimore, MD 21235 (3) He or she cannot afford the cost of components) is a party to litigation or In addition, PASS documents may be obtaining the information; has an interest in such litigation, and temporarily transferred to other (4) He or she has a hearing SSA determines that the use of such locations within the Social Security impairment, and is contacting SSA by records to DOJ, the court or other Administration (SSA). Contact the telephone through a tribunal, or party before such court or system manager to inquire about these telecommunications relay system tribunal, is relevant and necessary to the addresses. operator; litigation, provided, however, that in 46678 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices each case SSA determines that such and documentation are maintained in RECORD SOURCE CATEGORIES: disclosure is compatible with the the Claims Folder System, (SSA/OSR Information in this system is obtained purpose for which the records were 09–60–0089). Means of disposal are from other SSA systems of records (i.e., collected. appropriate to the storage medium (e.g., Claims Folder System (SSA/OSR 09– Wage and other information that is erasure of disks, shredding of paper 60–0089) and Supplemental Security subject to the disclosure provisions of records, or transfer to another system of Income Record (SSA/OSR 09–60–0103), the Internal Revenue Code (IRC, 26 records). from information provided by the U.S.C. 6103) will not be disclosed under beneficiary, and from investigations SYSTEM MANAGER(S) AND ADDRESS: this routine use unless disclosure is conducted by SSA employees relating to expressly permitted by the IRC. Associate Commissioner, Office of beneficiaries’ PASS activities. Program Benefits Policy, 760 POLICIES AND PRACTICES FOR STORING, Altmeyer Building, Social Security SYSTEM EXEMPTIONS FROM CERTAIN PROVISIONS RETRIEVING, ACCESSING, RETAINING, AND Administration, 6401 Security OF THE ACT: DISPOSING OF RECORDS IN THE SYSTEM: Boulevard, Baltimore, Maryland None. 21235 STORAGE: [FR Doc. 96–22489 Filed 9–3–96; 8:45 am] Records in this system are stored in NOTIFICATION PROCEDURE: BILLING CODE 4190±29±P magnetic media (e.g., computer hard An individual can find out if this drives) and on paper. Paper printouts of system of records contains information these data are made when required for about him/her by writing to the system DEPARTMENT OF TRANSPORTATION study. The system also contains manager at the address shown above photocopies of benefit application and providing his or her name, address, Federal Highway Administration forms, keyed application forms, and and SSN. (Furnishing the SSN is other claims documentation, when voluntary. However, searching for the Intelligent Transportation Society of relevant to the PASS system. individual’s data will be easier and America; Public Meeting RETRIEVABILITY: faster if it is furnished.) AGENCY: Federal Highway An individual can also find out if this Records are retrieved from the system Administration (FHWA), DOT. system of records contains information ACTION: Notice of public meeting. by the name or SSN of the individual about him/her by contacting any Social who submitted the PASS. Security office. SUMMARY: The Intelligent Transportation SAFEGUARDS: When requesting notification of Society of America (ITS AMERICA) will Safeguards for automated data have records in person, an individual should hold a meeting of its Coordinating been established in accordance with the provide his/her name, Social Security Council on Sunday, October 13, 1996. Systems Security Program Handbook. claim number (the SSN plus alphabetic The agenda includes the following: (1) This includes maintaining computer symbols), address, and proper Call to order and instructions; (2) disk packs or other magnetic fields with identification. If the Social Security Statement of anti-trust compliance; (3) personal identifiers in secured storage number is not known, the requester’s Approval of July 24, 1996, meeting areas accessible only to authorized date and place of birth and mother’s minutes; (4) Federal Reports—Modal personnel. SSA employees having birth name may be provided instead. Administrations; (5) ITS AMERICA An individual requesting notification access to the computerized records and President’s Report; (6) Sunset-Sunrise of records in person need not furnish employees of any contractor who may Task Force Report; (7) U.S. DOT’s any special documents of identity. be utilized to develop and maintain the ATMS Research and Technology Documents normally carried on one’s software for the automated system will Business Plan Review; (8) Dedicated person are sufficient (e.g., driver’s be notified of criminal sanctions for Short-Range Communications (DSRC) license, voter registration card, or credit unauthorized disclosure of information Report; (9) Joint Meteorological Task cards). An individual requesting about individuals. Also, contracts, if Force Update; (10) Research Agenda notification via mail or telephone must any, will contain language that Task Force Update; (11) CVO Guiding furnish a minimum of his/her name, delineates the conditions under which Principles; (12) Standards Needs date of birth, and address in order to contractors will have access to data in Timeline; (13) ARTS Conference Report; establish identity, plus any additional the system and the safeguards that must (14) AVCS Committee Workshop; (15) information which SSA may request. be employed to protect the data. World Congress and Annual Meeting Paper documents are stored either in RECORD ACCESS PROCEDURES: Update; (16) Other Business; (17) lockable file cabinets within locked Same as notification procedures Adjourn. ITS AMERICA provides a forum for rooms or in otherwise secured areas. described above. Individuals requesting national discussion and Access to these records are restricted to access to their records should also recommendations on ITS activities those employees who require them to reasonably describe the records they are including programs, research needs, perform their assigned duties. seeking. strategic planning, standards, RETENTION AND DISPOSAL: CONTESTING RECORD PROCEDURES: international liaison, and priorities. The Computerized records are maintained Same as notification procedures charter for the utilization of ITS for a period of six years and three described above. Individuals contesting AMERICA establishes this organization months after the end of the fiscal year the contents of a record in the system as an advisory committee under the in which final adjudication was made. should also reasonably describe the Federal Advisory Committee Act Paper records produced for purposes of record, specify the information being (FACA), 5 USC app. 2, when it provides studies will be destroyed upon contested, and state the corrective advice or recommendations to DOT completion of the study. Photocopies of action sought with supporting officials on ITS policies and programs. forms and documentation will be justification showing how the record is (56 FR 9400, March 6, 1991). destroyed upon approval or denial of untimely, incomplete, inaccurate, or DATES: The Coordinating Council of ITS the PASS. Original copies of the forms irrelevant. AMERICA will meet on Sunday, Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46679

October 13, 1996, from 1:00 p.m. to 5:00 charter for the utilization of ITS DATES: Written comments should be p.m. (Eastern Standard time) AMERICA establishes this organization received on or before November 4, 1996 ADDRESSES: Omni-Rosen Hotel, 9840 as an advisory committee under the to be assured of consideration. International Drive, Orlando, Florida, Federal Advisory Committee Act ADDRESSES: Direct all written comments phone: (407) 354–9840; Fax (407) 351– (FACA) 5 USC app. 2, when it provides to Garrick R. Shear, Internal Revenue 2659. advice or recommendations to DOT Service, room 5571, 1111 Constitution FOR FURTHER INFORMATION CONTACT: officials on ITS policies and programs. Avenue NW., Washington, DC 20224. Materials associated with this meeting (56 FR 9400, March 6, 1991). FOR FURTHER INFORMATION CONTACT: may be examined at the offices of ITS DATES: The Board of Directors of ITS Requests for additional information or AMERICA, 400 Virginia Avenue, SW., AMERICA will meet on Tuesday, copies of the form and instructions Suite 800, Washington, D.C. 20024. October 15, 1996, from 1:00 p.m.–5:00 should be directed to Martha R. Brinson, Persons needing further information or p.m. (202) 622–3869, Internal Revenue to request to speak at this meeting ADDRESSES: Omni-Rosen Hotel, 9840 Service, room 5571, 1111 Constitution should contact Kenneth Faunteroy at International Drive, Orlando, Florida, Avenue NW., Washington, DC 20224. ITS AMERICA by telephone at (202) phone: (407) 354–9840; Fax (407) 351– SUPPLEMENTARY INFORMATION: 484–4130, or by FAX at (202) 484–3483. 2659. The DOT contact is Mary Pigott, FHWA, FOR FURTHER INFORMATION CONTACT: Title: Salary Reduction and Other HVH–1, Washington, D.C. 20590, (202) Materials associated with this meeting Elective Simplified Employee Pension— 366–9230. Office hours are from 8:30 may be examined at the offices of ITS Individual Retirement Accounts a.m. to 5:00 p.m., e.t., Monday through AMERICA, 400 Virginia Avenue SW, Contribution Agreement. Friday, except for legal holidays. Suite 800, Washington, D.C. 20024. OMB Number: 1545–0499. (23 U.S.C. 315; 49 CFR 1.48) Persons needing further information or Form Number: Form 5305A–SEP. Issued on: August 28, 1996. who request to speak at this meeting Abstract: Form 5305–SEP is used by an employer to make an agreement to Jeffery Lindley, should contact Kenneth Faunteroy at provide benefits to all employees under Deputy Director, ITS Joint Program Office. ITS AMERICA by telephone at (202) 484–4130 or by FAX at (202) 484–3483. a Simplified Employee Pension (SEP) [FR Doc. 96–22418 Filed 9–3–96; 8:45 am] The DOT contact is Mary C. Pigott, described in Internal Revenue Code BILLING CODE 4910±22±P FHWA, HVH–1, Washington, D.C. section 408(k). This form is not to be 20590, (202) 366–9230. Office hours are filed with the IRS, but is to be retained in the employer’s records as proof of Intelligent Transportation Society of from 8:30 a.m. to 5 p.m., e.t., Monday establishing a SEP and justifying a America; Public Meeting through Friday, except for legal holidays. deduction for contributions made to the AGENCY: Federal Highway (23 U.S.C. 315; 49 CFR 1.48) SEP. Current Actions: There are no changes Administration (FHWA), DOT. Issued on: August 28, 1996. ACTION: Notice of public meeting. being made to this form. Jeffery Lindley, Type of Review: Extension of a SUMMARY: The Intelligent Transportation Deputy Director, ITS Joint Program Office. currently approved collection. Society of America (ITS AMERICA) will [FR Doc. 96–22420 Filed 9–3–96; 8:45 am] Affected Public: Business or other for- hold a meeting of its Board of Directors BILLING CODE 4910±22±P profit organizations. on Tuesday, October 15, 1996. The Estimated Number of Respondents: session begins with an Administrative 100,000. Business session (non-Federal Board DEPARTMENT OF THE TREASURY Estimated Time Per Respondent: 2 hr., members only). The General Program 39 min. Session (open to all members and Internal Revenue Service Estimated Total Annual Burden observers) is as follows: (1) Review of Hours: 265,000. Proposed Collection; Comment ITS America Antitrust Policy and The following paragraph applies to all Request for Form 5305A±SEP Conflict of Interest Statements; (2) of the collections of information covered Welcome; (3) Review and Approval of AGENCY: Internal Revenue Service (IRS), by this notice: Previous Meeting’s Minutes; (4) Report Treasury. An agency may not conduct or of the Executive Committee; (5) ACTION: Notice and request for sponsor, and a person is not required to Coordinating Council Report; (6) State comments. respond to, a collection of information Chapters Council Report; (7) Report of unless the collection of information the U.S. Federal ITS Initiatives; (8) SUMMARY: The Department of the displays a valid OMB control number. Friends of ITS Report; (9) President’s Treasury, as part of its continuing effort Books or records relating to a collection Report; (10) Report of the World to reduce paperwork and respondent of information must be retained as long Congresses (i.e. Orlando and Berlin); burden, invites the general public and as their contents may become material (11) Other Business; (12) Adjournment other Federal agencies to take this in the administration of any internal until the next Board meeting in January opportunity to comment on proposed revenue law. Generally, tax returns and 1997 at the Sheraton Washington Hotel and/or continuing information tax return information are confidential, in Washington, D.C., in conjunction collections, as required by the as required by 26 U.S.C. 6103. with the Annual Transportation Paperwork Reduction Act of 1995, Request for Comments: Comments Research Board (TRB) meeting. Public Law 104–13 (44 U.S.C. submitted in response to this notice will ITS AMERICA provides a forum for 3506(c)(2)(A)). Currently, the IRS is be summarized and/or included in the national discussion and soliciting comments concerning Form request for OMB approval. All recommendations on ITS activities 5305A Salary Reduction and other comments will become a matter of including programs, research needs, Elective–SEP, Simplified Employee public record. Comments are invited on: strategic planning, standards, Pension—Individual Retirement (a) Whether the collection of international liaison, and priorities. The Accounts Contribution Agreement. information is necessary for the proper 46680 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices performance of the functions of the Form Number: Form 5305A–SEP. Proposed Collection; Comment agency, including whether the Abstract: Form 5305–SEP is used by Request for Form 8308 information shall have practical utility; an employer to make an agreement to (b) the accuracy of the agency’s estimate provide benefits to all employees under AGENCY: Internal Revenue Service (IRS), of the burden of the collection of a salary reduction Simplified Employee Treasury. information; (c) ways to enhance the Pension (SEP) described in Internal ACTION: Notice and request for quality, utility, and clarity of the Revenue Code section 408(k). This form comments. information to be collected; (d) ways to is not to be filed with the IRS, but is to SUMMARY: The Department of the minimize the burden of the collection of be retained in the employer’s records as Treasury, as part of its continuing effort information on respondents, including proof of establishing such a plan, to reduce paperwork and respondent through the use of automated collection thereby justifying a deduction for burden, invites the general public and techniques or other forms of information contributions to the SEP. other Federal agencies to take this technology; and (e) estimates of capital Current Actions: There are no changes opportunity to comment on proposed or start-up costs and costs of operation, being made to this form. and/or continuing information maintenance, and purchase of services Type of Review: Extension of a collections, as required by the to provide information. currently approved collection. Paperwork Reduction Act of 1995, Affected Public: Business or other for- Approved: August 28, 1996. Public Law 104–13 (44 U.S.C. profit organizations. 3506(c)(2)(A)). Currently, the IRS is Garrick R. Shear, Estimated Number of Respondents: soliciting comments concerning Form IRS Reports Clearance Officer. 100,000 8308, Report of a Sale or Exchange of [FR Doc. 96–22515 Filed 9–3–96; 8:45 am] Estimated Time Per Respondent: 2 hr., Certain Partnership Interests. BILLING CODE 4830±01±U 39 min. Estimated Total Annual Burden DATES: Written comments should be Hours: 265,000. received on or before November 4, 1996 Proposed Collection; Comment The following paragraph applies to all to be assured of consideration. Request for Form 5305A±SEP of the collections of information covered ADDRESSES: Direct all written comments by this notice: to Garrick R. Shear, Internal Revenue AGENCY: Internal Revenue Service (IRS), An agency may not conduct or Service, room 5571, 1111 Constitution Treasury. sponsor, and a person is not required to Avenue NW., Washington, DC 20224. ACTION: Notice and request for respond to, a collection of information FOR FURTHER INFORMATION CONTACT: comments. unless the collection of information Requests for additional information or copies of the form and instructions SUMMARY: The Department of the displays a valid OMB control number. Treasury, as part of its continuing effort Books or records relating to a collection should be directed to Martha R. Brinson, to reduce paperwork and respondent of information must be retained as long (202) 622–3869, Internal Revenue burden, invites the general public and as their contents may become material Service, room 5571, 1111 Constitution Avenue NW., Washington, DC 20224. other Federal agencies to take this in the administration of any internal opportunity to comment on proposed revenue law. Generally, tax returns and SUPPLEMENTARY INFORMATION: tax return information are confidential, and/or continuing information Title: Report of a Sale or Exchange of collections, as required by the as required by 26 U.S.C. 6103. Request for Comments: Comments Certain Partnership Interests. Paperwork Reduction Act of 1995, OMB Number: 1545–0941. Public Law 104–13 (44 U.S.C. submitted in response to this notice will be summarized and/or included in the Form Number: Form 8308. 3506(c)(2)(A)). Currently, the IRS is Abstract: Form 8308 is an information request for OMB approval. All soliciting comments concerning Form return that gives the IRS the names of comments will become a matter of 5305A–SEP, Salary Reduction and the parties involved in an exchange of public record. Comments are invited on: Other Elective Simplified Employee a partnership interest under Internal (a) Whether the collection of Pension—Individual Retirement Revenue Code section 751(a). It is also information is necessary for the proper Accounts Contribution Agreement. used by the partnership as a statement performance of the functions of the DATES: to the transferor and transferee. It alerts Written comments should be agency, including whether the received on or before November 4, 1996 the transferor that a portion of the gain information shall have practical utility; on the sale of a partnership interest may to be assured of consideration. (b) the accuracy of the agency’s estimate ADDRESSES: Direct all written comments be ordinary income. of the burden of the collection of Current Actions: There are no changes to Garrick R. Shear, Internal Revenue information; (c) ways to enhance the Service, room 5571, 1111 Constitution being made to this form. quality, utility, and clarity of the Type of Review: Extension of a Avenue NW., Washington, DC 20224. information to be collected; (d) ways to currently approved collection. FOR FURTHER INFORMATION CONTACT: minimize the burden of the collection of Affected Public: Business or other for- Requests for additional information or information on respondents, including profit organizations, individuals, and copies of the form and instructions through the use of automated collection farms. should be directed to Martha R. Brinson, techniques or other forms of information Estimated Number of Respondents: (202) 622–3869, Internal Revenue technology; and (e) estimates of capital 200,000. Service, room 5571, 1111 Constitution or start-up costs and costs of operation, Estimated Time Per Respondent: 7 hr., Avenue NW., Washington, DC 20224. maintenance, and purchase of services 40 min. Estimated Total Annual Burden SUPPLEMENTARY INFORMATION: to provide information. Hours: 1,534,000. Approved: August 28, 1996. Title: Salary Reduction and Other The following paragraph applies to all Elective Simplified Employee Pension— Garrick R. Shear, of the collections of information covered Individual Retirement Accounts IRS Reports Clearance Officer. by this notice: Contribution Agreement. [FR Doc. 96–22516 Filed 9–3–96; 8:45 am] An agency may not conduct or OMB Number: 1545–1012. BILLING CODE 4830±01±U sponsor, and a person is not required to Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46681 respond to, a collection of information Approved: August 28, 1996. Dated: August 23, 1996. unless the collection of information Garrick R. Shear, Patrick W. McDonough, displays a valid OMB control number. IRS Reports Clearance Officer. Acting Advisory Committee Management Books or records relating to a [FR Doc. 96–22517 Filed 9–3–96; 8:45 am] Officer, Joint Board for the Enrollment of Actuaries. collection of information must be BILLING CODE 4830±01±U [FR Doc. 96–22513 Filed 9–3–96; 8:45 am] retained as long as their contents may become material in the administration BILLING CODE 4830±01±U of any internal revenue law. Generally, Joint Board for the Enrollment of tax returns and tax return information Actuaries; Advisory Committee on Appointment of Members of the Legal are confidential, as required by 26 Actuarial Examinations; Meeting Division to the Performance Review U.S.C. 6103. Board, Internal Revenue Service Notice is hereby given that the Request for Comments: Comments Advisory Committee on Actuarial Under the authority granted to me as submitted in response to this notice will Examinations will meet in the Office of Chief Counsel of the Internal Revenue be summarized and/or included in the The Wyatt Company, The Board Room, Service by the General Counsel of the request for OMB approval. All 303 West Madison Street, Chicago, IL, Department of the Treasury by General comments will become a matter of on September 30, 1996, beginning at Counsel Order No. 21 (Rev. 4), and public record. Comments are invited on: 8:30 a.m. pursuant to the Civil Service Act, I (a) Whether the collection of hereby appoint the following persons to The purpose of the meeting is to information is necessary for the proper the Legal Division Performance Review discuss topics and questions which may performance of the functions of the Board, Internal Revenue Service Panel: be recommended for inclusion on future agency, including whether the 1. Chairperson, Marlene Gross, information shall have practical utility; Joint Board examinations in actuarial Deputy Chief Counsel; (b) the accuracy of the agency’s estimate mathematics and methodology referred 2. Neal S. Wolin, Deputy General of the burden of the collection of to in Title 29 U.S. Code, section Counsel; information; (c) ways to enhance the 1242(a)(1)(B). 3. Michael Danilack, III, Associate quality, utility, and clarity of the A determination as required by Chief Counsel (International); information to be collected; (d) ways to section 10(d) of the Federal Advisory 4. William A. Goss, Southeast minimize the burden of the collection of Committee Act (Pub. L. 92–463) has Regional Counsel; information on respondents, including been made that the subject of the 5. John B. Cummings, Assistant Chief through the use of automated collection meeting falls within the exception to the Counsel (Disclosure Litigation); techniques or other forms of information open meeting requirement set forth in 6. Catherine L. Lau, Deputy Regional technology; and (e) estimates of capital title 5 U.S. Code, section 552b(c)(9)(B), Counsel, Western Region. or start-up costs and costs of operation, and that the public interest requires that This publication is required by 5 maintenance, and purchase of services such meeting be closed to public U.S.C. 4314(c)(4). to provide information. participation. Stuart L. Brown, Chief Counsel, Internal Revenue Service. [FR Doc. 96–22514 Filed 9–3–96; 8:45 am] BILLING CODE 4830±01±U federal register September 4,1996 Wednesday Data Interchange;Notice Filing ofElectronicReportsvia Protection Agency Environmental Part II 46683 46684 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

ENVIRONMENTAL PROTECTION substantial involvement, as well as format or ASCII file format. All AGENCY ongoing dialogue, with our state and comments and data in electronic form industry partners. While the policy does must be identified by the Federal [FRL±5601±4] not explicitly address state-delegated Register Notice title and date. Electronic Notice of Agency's General Policy for reporting, EPA urges uniform EDI comments on this notice may be filed Accepting Filing of Environmental implementation across State-delegated online at many Federal Depository Reports via Electronic Data programs and believes it is in the Libraries. Interchange (EDI) interest of all the participants to Comments on electronic alternatives conform to the approach set forth in to EDI should also be directed to: U.S. AGENCY: Environmental Protection today’s policy. The Agency will Environmental Protection Agency, RTP Agency. continue to consult and work with (MD–34), ATTN: Julie Dyrdek, Research ACTION: Interim final notice. States to address the implementation of Triangle Park, North Carolina 27711 OR EDI under delegated programs in the sent by FAX to (919) 541–5091; OR by SUMMARY: Agency regulations require Final Notice. We are therefore very Internet to Dyrdek. that specified parties submit interested in receiving comments on our [email protected]. environmental reports under various EDI policy from States and from FOR FURTHER INFORMATION CONTACT: For statutory and regulatory provisions. submitters subject to State-delegated questions about this policy notice or These reports are to be submitted via reporting. EPA EDI environmental reporting in forms and procedures specified by the general, contact Evi Huffer, U.S. Administrator. Today’s notice of policy DATES: This action is effective on September 4, 1996. Environmental Protection Agency, announces the Environmental OPPE (2137), ATTN: EDI Team, 401 M ADDRESSES: The Agency is soliciting Protection Agency’s (EPA’s) general Street, S.W., Washington, D.C. 20460 or public comments on today’s notice. EPA approach for accepting electronic filing call (202) 260–4825 and leave a brief is particularly interested in comments of environmental reports via Electronic message. This telephone number has on the PIN Management System Data Interchange (EDI). As specific EPA been setup to respond to inquiries outlined in today’s notice, on common programs adopt EDI for their reports, concerning today’s notice. details about specific reporting business practices for maintaining requirements will be announced, electronic files associated with the SUPPLEMENTARY INFORMATION: supplementing today’s notice. conduct of EDI (e.g., transmission logs), I. Introduction This action supports the President’s and on the Generic Terms and overall regulatory reinvention goals of Conditions Agreement Model. The Generally reducing the burdens of compliance and Agency also invites the regulated The primary purpose of today’s notice streamline regulatory reporting, as community, contractors, and vendors to is to announce the Agency’s general stated in the President’s March, 1996, provide comments on viable electronic policies concerning the receipt of Reinventing Environmental Regulation alternatives to EDI and viable methods electronic submissions of EPA Report. Also, EDI directly supports the of handling other forms of electronic environmental reports from the Administrator’s ‘‘One-Stop Reporting’’ commerce. reporting community via Electronic initiative, the reengineering of Comments should be addressed to Data Interchange (EDI). Unless specified regulatory reporting under the Common EPA EDI Implementation Policy in a separate program-specific notice, Sense Initiative (CSI), and the Comment Clerk, Water Docket MC– members of the reporting community Administrator’s goal of reducing 4101; United States Environmental are not required to use EDI to submit baseline reporting burden by twenty- Protection Agency, 401 M Street SW., reports. However, EPA is making EDI five percent. The use of EDI under this Washington, DC 20460. Commenters are available because there are specific, policy will make the tools of automation requested to submit an original and 3 well-documented advantages to using and business process reengineering copies of their written comments as well EDI in lieu of paper forms. To get the available wherever the goal is to as an original and 3 copies of any full benefits of these advantages, this streamline and simplify the regulatory attachments, enclosures, or other policy is designed to promote reporting processes. In addition, documents referenced in the comments. consistency across EPA program offices transmission of reports via EDI Commenters who want receipt of the implementing EDI. facilitates the availability of more timely their comments acknowledged should For environmental reports covered by and accurate environmental information include a self-addressed, stamped this policy, today’s notice presents an to the public, in support of the Agency’s envelope. All comments must be overall framework for accepting efforts to improve public access to data postmarked or delivered by hand by electronic reports filed via EDI. This and information. December 30, 1996. No facsimiles notice does not announce EPA’s intent The scope of this policy includes any (faxes) will be accepted. at this time to accept any specific report Agency regulatory, compliance, or EPA will also accept comments via EDI.1 As specific EPA programs informational (e.g., voluntary reporting electronically. Comments should be adopt EDI for the filing of a specific programs) reporting via EDI, and addressed to the following Internet report, the Agency will publish a excludes any procurement-related address: ow–[email protected]. separate notice in the Federal Register reporting, as well any reporting via Electronic comments must be submitted announcing our intent to accept filing of other electronic means that may be as an ASCII file avoiding the use of that report via EDI. Such subsequent adopted in the future. In addition to special characters and any form of program-specific notices shall EDI, the Agency is currently evaluating encryption. Electronic comments will be supplement today’s notice, following alternative means of electronic reporting transferred into a paper version for the for those reporting facilities that may official record. EPA will attempt to 1 EPA currently accepts electronic filing via EDI not be equipped to engage in EDI. clarify electronic comments if there is for the Reformulated Gasoline and Anti-Dumping Reports under 40 CFR Part 80 and, starting in This policy is based on EPA’s an apparent error in transmission. August, 1996, for the Discharge Monitoring Report experience with pilot tests of EDI for Comments and data will also be under the National Pollution Discharge Elimination compliance reports and reflects accepted on disks in WordPerfect 5.1 System. Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46685 the general approach outlined in this information, in support of the Agency’s (4) avoiding any proprietary formats and notice of policy, and providing detailed efforts to improve the public’s access to standards for electronic reporting. information for electronically filing data and information in the public Some of EPA’s programs have now those specific reports. domain. reached the stage where the technical In summary, EDI can both reduce the issues surrounding implementation of EDI and Its Benefits costs of reported data and information, EDI have largely been resolved. For such EDI is the transmission, in a standard and enhance its value. EPA expects programs, the issues that stand between syntax, of unambiguous information many regulated entities will recognize pilot and full EDI implementation between computers that may belong to the benefits of EDI and choose to center on the legal effects of using the organizations completely external to implement it as their preferred method electronic medium for regulatory and each other. It has been widely used by for electronic submission of other environmental reporting. Hence the private sector for commercial environmental reports. EPA’s need for the policy set out in transactions. As an ‘‘open systems’’ today’s notice that defines the History of EPA’s EDI Initiative approach to data exchange, EDI is functional requirements and largely independent of technology The EPA first endorsed EDI for specifications for legally admissible environments, providing a transparent electronic reporting of environmental electronic submission of environmental bridge between incompatible hardware data in its Policy on Electronic reports. Our hope is that today’s notice and software platforms. Reporting (Federal Register Notice No. of policy will allow the Agency to go EDI is the dominant form of electronic FRL–3815–4, vol. 55, no. 146, July 30, forward with the actual implementation commerce across almost all business 1990). This policy was intended to of EDI. sectors—from aerospace to wood promote electronic reporting and a EPA began work on this policy in products—both nationally and uniform Agency approach that would be April 1994, forming an Agency-wide internationally. EDI also predominates compatible with current industry and workgroup, the Electronic Data in the Federal government, most visibly federal government practices. The Interchange Implementation Workgroup at the Department of Defense. At least in policy recommends a standards-based (EDIIW), which involved all interested the U.S., EDI is based on standard approach, and encourages the use of EPA programs, including regional formats and protocols developed and ANSI ASC X12 standards for EDI. offices. EDIIW was formed to address maintained under the auspices of the EPA’s 1990 policy anticipated a issues in three areas: (1) Electronic American National Standards Institute broader federal policy establishing EDI signature/certification—determining (ANSI) Accredited Standards Committee as the uniform approach to electronic which technologies will satisfy legal (ASC) ×12. Supporting these standards reporting for Federal agencies, requirements for signature/certification are a wide array of commercial software published the following year as Federal under EPA’s statues and regulations; (2) packages and communications Information Processing Standard (FIPS terms and conditions of electronic networks, and a growing reservoir of PUB) 161, effective September 30, 1991. submission—setting out the general industry EDI expertise available both to The stated objectives of FIPS PUB 161 requirements for admissible electronic us and our regulated community. are: to have Federal agencies achieve the submissions of environmental reports The benefits of EDI include: benefits of EDI; to minimize the cost of from the reporting community, and For EPA and Delegated States— EDI implementation by preventing addressing such questions as • dollars saved in data processing duplication of effort; and to ensure that determining time of submission, costs; electronic reporting is implemented in a • resolving disputes with the Submitter, significant enhancement of data manner consistent across Agencies and assigning responsibility for errors, and quality; compatible with current practices in the • so on; and (3) regulatory/statutory potential for dramatic regulated community. obstacles to electronic submissions— improvements in speed/ease of data Since 1990, EPA has been working to identifying provisions that, for example, access; and fulfill the goals of these two policy refer directly or indirectly to paper, and • opportunities to change business statements by demonstrating the taking steps to eliminate these to the practices (such as integrating data technical feasibility of EDI for reporting greatest extent possible. collections across programs, States, and environmental data, primarily through a Consistent with the 1990 policy, agencies; automating routine program series of pilot projects involving EDIIW’s goal has been to develop an management functions); partnerships between EPA and the implementation approach that is as For our Industry Partners— States, industry, and foreign • dollars saved in reporting costs; uniform as possible across Agency • much greater control of data quality governments. In keeping with the spirit programs and as consistent as possible in submissions; of collaborative partnerships that EDI with the practices of other Federal • new opportunities to improve embodies, EPA has conducted these Agencies and the private sector. In internal management of environmental pilots: (1) working closely with our developing this policy, EDIIW has data; industry partners in the ASC X12 drawn upon the Agency’s government/ • dramatic improvements in access to community, as a member of the industry collaborative pilot project EPA and State environmental databases; appropriate committees and experience, as well as the practical and subcommittees; (2) seeking voluntary expertise of other government agencies • productivity-enhancing industry collaboration, whenever and industry. To the extent possible, the possibilities (such as more uniform possible, working through such industry workgroup has sought to confine the reporting requirements and procedures groups as the Chemical Industry Data resulting policy to functional across States and programs; more Exchange (CIDX) and the Petroleum requirements so as not to tie Agency streamlined data submissions reflecting Industry Data Exchange (PIDX); (3) policy to particular hardware/software/ the integration of reporting working with EDI software vendors to network platforms or products. In requirements; adapt their existing products to EPA addition, the effort has focused on For the Public— applications—fostering a marketplace assessing existing technologies and • The availability of much more solution that will support the use of EDI practices, and applying them as timely and accurate environmental for environmental data operations; and appropriate, rather than attempting to 46686 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices develop approaches that are wholly program-specific amendments to the authenticity of the information new. generic EPA technical guidance electronically received by EPA. document titled ‘‘EPA Electronic Data How the EPA EDI Reporting Program Management of PINs. During this Interchange Implementation Guideline’’. Will Work interim policy period, PIN’s for This generic guideline sets forth EPA’s program-specific reports will be Today’s policy sets forth the basic general goals in using EDI and the assigned and managed by individual approach for implementing EDI for related business issues; outlines the EPA Program Offices. While EPA environmental reporting. As EPA Agency’s general approach to recognizes the advantages of centralized implements specific reporting initiatives developing, maintaining, and using EDI management of electronic signature (e.g, when a program is ready to move standards; and discusses such issues as devices (PINs or other digital forward with actual EDI implementation choice of systems architecture, value alternatives), we feel that it is for a particular report), a notice will be added network (VAN) and translator impractical to provide for such a system published in the Federal Register products. Copies of this document are at this time. The electronic commerce announcing the Agency’s intent to currently available for the public’s marketplace is still very much in accept a specific environmental report review. [Copies of both the generic transition, and the roles that other electronically. The program-specific and—as they become available— government agencies (both at the State notice will reference or incorporate program-specific guidelines will be sent and Federal levels), as well as third- today’s notice, and outline the program- to Submitters and other interested party commercial service providers will specific requirements for electronic parties, and may be obtained from a play in electronic certification are yet to filing of that report. Following Bulletin Board System listed in be fully determined. EPA will continue publication of a program-specific notice, SUPPLEMENTARY INFORMATION or by to monitor developments in the EPA will accept reports filed via EDI in contacting the person(s) listed in FOR electronic commerce marketplace and lieu of paper reports so long as the FURTHER INFORMATION CONTACT. requests comments from the public on electronic reports are consistent with Finally, it is EPA’s policy to promote management of electronic signature the program-specific notice and the public access to environmental data and devices. The Final Policy Notice will Submitter has signed a formal document information. Where a program is able to address the Agency’s streamlined that sets forth the ‘‘Terms and make a database available to the public management of electronic signature Conditions’’ for submitting reports via online, electronic reporting to EPA via devices. EDI and abides by the provisions set EDI will greatly enhance public access Assignment of PINs. In conjunction forth in that document. to submissions for the reasons already with the Terms and Condition The Agency Generic Terms and noted. In any case, programs Agreement, the responsible corporate Conditions Agreement (TCA) Model, the implementing EDI under this policy officer of the Submitter must identify text of which appears in Section II must insure that the public has at least authorized representatives (i.e., below, sets forth the basic the same or better access to corporate employees who are authorized responsibilities of the Submitters. A electronically submitted reports as they to submit reports). EPA will then assign program-specific notice of intent to currently have to reports submitted on an individual PIN or dual PIN, accept specific reports via EDI will paper. specify a TCA that is correspondingly depending on program-specific needs, program-specific, following the The Personal Identification Number to each authorized representative so approach of today’s TCA Mode. (PIN) System identified, mailing the PINs directly to EPA will accept electronic reporting Where EPA requires certification to such representatives via U.S. Postal of environmental reports covered under insure the integrity and authenticity of Service or recognized carrier. today’s notice only if the Submitter electronically submitted Documents, Once PINs are assigned, EPA does not signs the applicable program-specific EPA will generally require the intend to routinely change them. Terms and Conditions Agreement. EPA Submitter to use a personal However, the Agency will issue a new offices publishing program-specific identification number (PIN) assigned by PIN at the written request, on company TCAs will state their intent to be bound EPA. The minimum requirement is a letterhead, of a responsible corporate by the TCA once the Submitter signs the single PIN approach for each Submitter; officer of the Submitter. Terms and Conditions Memorandum however, specific program needs may In addition, EPA will change PINs and, where applicable, EPA issues a require the use of an additional PIN. where Submitters undergo personnel PIN. By signing the TCA, the reporting These PIN requirements are elaborated changes that affect the identity of their party will be subject to the procedural on in what follows as well as in the authorized representatives, or where requirements discussed in this and applicable TCAs. there is evidence of compromise, as subsequent program-specific Federal Each PIN will consist of a sequence of detailed in the following section, Register notices. alpha-numeric characters. The Security of PINs. In such cases, the In addition, program-specific notices Submitter must ensure that this PIN is Submitter is responsible for will incorporate by reference associated included in each Document that such immediately notifying EPA (in writing program-specific technical EDI party transmits to EPA. and on company letterhead and signed Implementation Guidelines. The When the PIN is received as part of an by an authorized corporate officer) of program-specific Implementation electronic message, the PIN will be termination of employment, or Guidelines will define the application of deemed to indicate authenticity. reassignment, of any authorized specific ANSI ASC X12 transaction sets Further, responsibility and representative, and of any new or newly for the individual environmental reports accountability for the PIN is directly assigned employee(s) who will act as in question. linked to the individual assigned that authorized representative(s). Depending These Implementation Guidelines PIN. Regardless of how a corporation on the reporting cycle, EPA will then may also address other technical issues delegates authority, a PIN is assigned to cancel such authorized representative’s as dictated by the needs of the specific an individual, and that individual individual PIN before the next reporting program and its Submitters. In any within the scope of the agreement is cycle to which the PIN applies, or no event, they shall be understood as responsible for the accuracy and later than fourteen (14) business days of Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46687 receiving such notice, whichever comes address and telephone number, and a the applicable statute or regulation, as first. copy of the file transmitted; it also well as to the program-specific notice, Security of PINs. The Submitters must documents who had access to the guidance, and/or TCA for recordkeeping institute and maintain security Submitter’s system during the creation requirements. procedures to protect their PINs from of the files and during their Paperwork Reduction Act unauthorized disclosure, and EPA will transmission. Following the guidance of do the same within the context of the DISA Audit Model, EPA views these In general, while EPA information Agency systems. The Submitter is Transmission Log elements to constitute collection requirements are subject to responsible for notifying EPA the minimum records required to approval by the Office of Management immediately if it has reason to believe provide an auditable system for creating and Budget (OMB) under the Paperwork the security of any PIN(s) has been and transmitting reports via EDI. Reduction Act, 44 U.S.C. 3501 et seq., compromised and must revoke such Therefore, EPA expects each Submitter EPA considers the activities associated PIN(s) and request a change. If EPA has to create an official Transmission Log of with accepting electronic filing of reason to believe that PIN security has all transactions and maintain it without environmental reports via EDI, detailed been compromised, the Agency will any modification. Each Submitter shall in today’s notice of policy, not subject initiate PIN revocation and/or changes. designate one or more qualified to approval by OMB under the PRA. In Record Retention Requirements individuals with appropriate authority addition, Electronic submission of to certify the accuracy and completeness reports in the manner of EDI do not Certain records must be created and of the Transmission Log and this maintained for the specific purposes of require the inclusion of the OMB designation shall be retained as part of control number to satisfy PRA display transmitting reports to EPA via EDI. the records. Each Submitter shall also However, in addressing such records, requirements, provided that the public maintain records concerning the receives adequate notice of OMB this notice should not be understood to assignment and revocation of PINs, as in any way affect any other record- clearance through other means. While discussed elsewhere in this notice. the PRA requires display of OMB keeping requirements in existing These two items (the Transmission numbers on a legally valid form, in the regulations, or to apply to the question Log and PIN records) constitute the case of EDI, adequate notice will be of satisfying such requirements by minimum records required for EDI provided by including a citation of the maintaining electronic files in lieu of transactions under this notice. OMB number in a PRA section of all paper files for audit purposes. Submitters should determine what program-specific Federal Register Concerning EDI transmission of additional records to retain to ensure notices announcing the availability of reports to EPA then, in general, their record of EDI transmissions is EDI, and also including a citation in the Submitters must retain sufficient adequate to resolve any discrepancies records to demonstrate the authenticity, between the Submitter’s record and program-specific Terms and Conditions completeness, accuracy, and integrity of EPA’s record. Submitters must maintain Agreement. those transmissions. It is EPA’s view such records, together with the Receipt of Documents that this requirement is inherent in the Transmission Log and PIN records for standard business practices associated the applicable retention period specified Date of Receipt. EPA will consider an with EDI. That is, EPA considers, and in the regulations. This period is electronically filed report received the Submitter agrees in the TCA, that by frequently three (3) years or more, and when it can be fully processed by the electing to submit reports to EPA via should be specified in the program- translator at the EPA’s receipt computer, EDI the Submitter commits to adopting specific notice, guidance, and/or TCA. i.e. when the document is retrievable business practices consistent with EDI, Correspondingly, at a minimum, EPA from the electronic mailbox by EPA and to include maintaining an auditable will maintain a secure copy of all EDI syntactically correct (to applicable EDI system of records associated with the transmissions, both in-bound and out- standards), able to be successfully creation and transmission of electronic bound, in addition to the Transmission translated by EPA. No document shall files. Log and PIN assignment records. EPA satisfy any reporting requirement until EPA considers auditability to be will also maintain a record that it is received. Upon receipt of any defined, at least conceptually, by the documents our procedures and report, EPA will promptly send a Data Interchange Standards processes for managing EDI functional acknowledgment in return Association’s (DISA) ‘Model EDI Audit transmissions. EPA will maintain its within ‘‘X’’ business days.2 A positive Program’, and expects Submitters to documentation for the time period set functional acknowledgment indicating maintain records that conform to the by the Agency’s records disposition no syntactical errors will constitute substance of that model. Submitters schedules. conclusive evidence that EPA has should always bear in mind that the Individual EPA Program Offices may properly received a report and will creation and management of adequate mandate additional recordkeeping establish the ‘‘Received Date’’. and proper documentation of all EDI requirements for Submitters or Retransmission. If the Submitter does transactions is essential to ensuring that themselves based on their audit needs. not receive this functional they can serve as the official record of Individual Program Offices will also acknowledgment promptly 3 after its the reports submitted to EPA for determine whether and under what transmission to the EPA, then the administrative, programmatic, and legal conditions the EDI transmission records Submitter must re-send the document purposes. For EPA reports covered can serve as the Submitter’s auditable and follow any recovery procedures under today’s notice, the required record. In addition, of course, the records must be sufficient to serve as the Submitter must maintain whatever other 2 The number of business days shall depend on official record of those reports. records the applicable statute or specific program needs and will be specified in the Central to these required records is a regulation require, including, e.g., the program-specific Notice or related documents (e.g., Transmission Log, which must be files, databases, laboratory reports, Implementation Guidelines, TCA). retained by all parties using EDI for calculations, etc. that might be involved 3 ‘‘Promptly’’ shall be determined by each reporting purposes. The Transmission in preparing the document for program-specific EDI application and defined in the Log includes the date, time, destination submission. Submitters should refer to program-specific notice or related documents (e.g., Implementation Guideline, TCA). 46688 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices stated in the applicable EPA EDI is required on each and every report and and to ensure that (a) use of any Implementation Guidelines. that use of the PIN constitutes a electronic functional equivalent of The Submitter must retransmit any certification, under penalty of perjury documents referenced or exchanged document within ‘‘X’’ days 4 of (or other program-specific requirement), under this agreement shall be deemed receiving a re-transmission request by that the information submitted is true an acceptable practice in the ordinary EPA. Likewise, EPA will re-send any and accurate. However, it should be course of Submitter-to-EPA transmission originated by EPA at the stressed that the PIN will have this environmental reporting and (b) such Submitter’s request. status only to the extent that the electronic records shall be admissible as Inability to Transmit. Circumstances, electronic filing satisfies all the evidence on the same basis as paper both foreseeable and unforeseeable, may requirement procedures. documents. The parties intend to be prevent a reporting party from As technology evolves, EPA may legally bound by them. conducting EDI. Nevertheless, no embrace other, or alternative, electronic 2. VALIDITY AND ENFORCEABILITY Submitter will be excused from the manifestations of signature/certification. 2.1 This Agreement has been executed requirement to file reports with the However, based on current technology, by the parties to evidence their mutual Agency by the appropriate regulatory and considering issues of costs and the intent to create binding regulatory deadline. If a party is unable to level of certainty required for reporting documents using electronic electronically file a required report by authentication, PIN-based certification transmission and receipt of such such deadline, it must submit a paper provides the most suitable approach records. report on forms required by the available to EPA and our regulated 2.2 Any records properly applicable regulation. community. communicated pursuant to this Agreement shall be considered to be a Legal Status of Electronic Submissions II. Text of EPA Generic Terms and ‘‘writing’’ or ‘‘in writing’’; and any such EPA regulatory programs will, where Conditions Agreements Model records which contain or to which there practicable and not in conflict with Scope is affixed, a Signature, as defined by applicable law, initiate EDI for their para. 6 of this Agreement, (‘‘Signed reporting requirements by creating Use of this generic Terms and Documents’’) shall be deemed for all program-specific Implementation Conditions Agreement (TCA) model purposes (a) to have been ‘‘signed’’ and Guidelines, which—taken together with applies when EPA requires certification (b) to constitute an ‘‘original’’ when program-specific Federal Register and/or authentication by the Submitter printed from electronic files or records notices (including Terms and of a report. Where neither certification established and maintained in the Conditions Agreements) that are or authentication is required but use of normal course of business. consistent with this Notice—will a TCA is desired by EPA, the Agency 2.3 The conduct of the parties outline the specific procedures required may modify this TCA to eliminate pursuant to this Agreement, including for electronic submission. For such unnecessary paragraphs. The model the use of Signed Records properly programs, EPA will consider the TCA is designed to promote consistency communicated pursuant to the electronic reports that are filed in a in implementing EDI by Program Offices Agreement, shall, for all legal purposes, manner consistent with the procedures within the Agency. evidence a course of dealing and a thus outlined to fulfill the requirements Model course of performance accepted by the of an equivalent paper submission as parties in furtherance of this Agreement. required under the applicable existing EPA Generic Terms and Conditions 2.4 The Submitter agrees not to Agency regulations pertaining to form/ Agreement (TCA) Model for Submission contest the validity or enforceability of format, submission procedure and of Environmental Reports via Electronic Signed Documents under the provisions signature requirements for reports. Data Interchange (EDI) of any applicable law relating to Specifically, concerning the THIS ELECTRONIC DATA whether certain agreements are to be in requirement that reports must be signed INTERCHANGE TERMS AND writing or signed by the party to be and certified as correct by the Submitter CONDITIONS AGREEMENT (the bound thereby. Signed Documents, if or its authorized representative, EPA ‘‘Agreement’’), by and between the introduced as evidence on paper in any will consider a properly filed electronic United States Environmental Protection judicial, arbitration, mediation or report—filed in a manner consistent Agency (‘‘EPA’’), 401 M St., SW, administrative proceedings, will be with the procedures outlined in Washington, D.C., a federal admissible as between the parties to the applicable program-specific governmental agency, and reporting same extent and under the same Implementation Guidelines and Federal party (‘‘Submitter’’) who has signed and conditions as other business records Register notices—to meet the legal returned the Terms and Conditions originated and maintained in signature/certification requirements of Agreement (TCA) Memorandum, documentary form. Neither party shall equivalent paper submissions. For included in today’s notice referenced contest the admissibility of copies of the practical purposes, EPA will consider above, is effective on the date on which Signed Documents under the Federal the use of the PIN, which is required to EPA issues the initial PIN(s), in Rules of Evidence as inadmissible or in be included in each and every response to receipt and acceptance of violation of either the business records submitted document, to constitute Submitter’s signed TCA Memorandum.5 exception of the rule on hearsay, or the certification of correctness—by the (When a program is not using a PIN best evidence rule, or on the basis that owner or responsible corporate officer of system, some other determinant for the the Signed Documents were not the Submitter—within the meaning of effective date will be specified in the originated or maintained in signature/certification for that report. documentary (paper) form. EPA considers, and the Submitter program-specific notice.) 1. RECITALS. The intent of this 3. RECEIPT. A Document shall be agrees in the TCA, that use of the PIN(s) agreement is to create legally binding deemed to have been properly received obligations upon the parties using EDI by EPA when it is accessible to EPA, 4 The number of days shall depend on specific can be fully processed by the translator program needs and will be specified in the Program-Specific Notice or related documents (e.g., 5 Or, in the case where PIN is not required, as at EPA’s Receipt Computer, and is Implementation Guideline, TCA). otherwise noted in the program-specific notice. syntactically correct to applicable EDI Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46689 standards. No Document shall satisfy the Personal Identification Number syntax of the submitted file conforms to any reporting requirement or be of any [PIN] which is affixed to or contained in the standard and can be processed by legal effect until it is received. each Document transmitted by the the translator. A negative 4. VERIFICATION. Upon receipt of Submitter (‘‘Signature’’). The Submitter acknowledgement indicates any Document, the receiving party shall agrees that any such Signature affixed to nonconformance to the standards. promptly and properly transmit a or contained in any transmitted 9.7 Guidelines. Federal Register functional acknowledgment in return Document shall be sufficient to verify Notice and EPA Implementation within ‘‘x’’ business day of receipt to such party originated and possessed the Guidelines. verify that the Document has been requisite authority both to originate the 9.8 Message. Data structured in received.6 If a positive functional transaction and to verify the accuracy of accordance with the protocol specified acknowledgment is not received in the content of the document at the time in the Guidelines and transmitted return for a Document, the party of transmittal. Unless otherwise electronically between the parties and initially transmitting the Document specified in the TCA, affixing the relating to a Transaction. shall be responsible for re-sending the Personal Identification Number (PIN) 9.9 Personal Identification Number Document. issued to the Submitter by EPA to any (PIN). Assigned by EPA, each PIN will 5. DATE OF RECEIPT. EPA will transmitted Document constitutes a consist of a sequence of alpha-numeric consider an electronically filed report valid Signature. The Submitter characters. received when it can be fully processed expressly agrees that it will sign each 9.10. Receive/Receipt. To take by the translator at the EPA’s receipt and every report it submits by using its delivery of a record or information. An computer, i.e., when the document is PIN(s) [or other electronic identification, electronic record or information is retrievable from the electronic mailbox if provided for in the TCA], and that the received when it enters an information by EPA, syntactically conforms to use of the PIN(s) [or other electronic processing system in a form capable of applicable EDI standards, and is able to identification, if provided for in the being processed by that system if the be successfully translated by EPA. A TCA] constitutes certification of the recipient has designated that positive functional acknowledgment truth and accuracy, upon penalty of information system for the purpose of indicating no syntactical errors will perjury (or other program specific receiving such records or information. constitute conclusive evidence that EPA requirement), of the information 9.11 Date of Receipt. EPA will has properly received a report and will contained in each such report. consider an electronically filed report establish the ‘‘Received Date’’. 9. DEFINITIONS. Whenever used in received when it is accessible to the 6. RE-TRANSMISSION. If the this Agreement or any documents receiver (i.e. EPA) at its receipt Submitter does not receive a functional incorporated into this Agreement by computer. Upon receipt of any report, acknowledgment promptly 7 after its reference, the following terms shall be EPA will promptly submit a functional transmission to the EPA, then the defined as follows: acknowledgment in return. A positive Submitter must re-send the document 9.1 Compromise. When the PIN is functional acknowledgment indicating and follow any recovery procedures intentionally or unintentionally no syntactical errors will constitute stated in the applicable EPA EDI disclosed to individuals and conclusive evidence that EPA has Implementation Guidelines. organizations who are not authorized to properly received a report and will The Submitter must retransmit any know or use the PIN. establish the ‘‘Received Date’’. No document within ‘‘X’’ days 8 of 9.2 Data. Facts or descriptions of document shall satisfy any reporting receiving a re-transmission request by facts. requirement until it is received. EPA. Likewise, EPA will re-send any 9.3 Document/Record. Information 9.12 Report. The report required by transmission originated by EPA at the that is inscribed on a tangible medium llll [Program-specific notice will Submitter’s request. or that is stored in an electronic or other insert applicable regulatory/statutory 7. INABILITY TO TRANSMIT. medium and is retrievable in cite for program-specific report]. Circumstances, both foreseeable and perceivable form. 9.13 Signed. For the purposes of EDI, unforeseeable, may prevent a reporting 9.4 Electronic Agent. A computer a transaction is ‘‘signed’’ if it includes party from conducting EDI. program designed, selected or a symbol and/or action that is adopted Nevertheless, no Submitter will be programmed by a party to initiate or or performed by a party or its electronic excused from the requirement to file respond to electronic messages or agent with the present intent to reports with the Agency by the performances without review by an authenticate or manifest assent to a appropriate regulatory deadline. If a individual. An electronic agent acts record, a performance, or a message. party is unable to electronically file a within the scope of its agency if its Actions or symbols adopted or required report by such deadline, it performance is consistent with the performed by an electronic agent serve must submit a paper report on forms functions intended by the party who to authenticate with present intent a required by the applicable regulation. utilizes the electronic agent. record or message on behalf of a party 8. SIGNATURE. The Submitter shall 9.5 Electronic Message/Transaction. if the party designed, programmed or adopt as its signature an electronic A record generated or communicated by selected the electronic agent with an identification consisting of symbols (i.e., electronic, optical or other analogous intent that the agent produce the result means for transmission from one and the electronic agent performs in a 6 The number of days shall depend on specific information system to another. The term manner consistent with its intended program needs and will be specified in the includes electronic data interchange and programming. That a record or message Program-Specific Notice or related documents (e.g., Implementation Guideline, TCA). electronic mail. is signed is conclusively presumed as a 7 ‘‘Promptly’’ shall be determined by each 9.6 Functional Acknowledgement. Is matter of law if the parties agreed to an program-specific EDI application and defined in the the sending of a 997 transaction set authentication procedure and the program-specific notice or related documents (e.g., (under ANSI ASC X12 Standards) symbol or action taken complies with Implementation Guideline, TCA). indicating the results of the translator’s that procedure. Otherwise, that a 8 The number of days shall depend on specific program needs and will be specified in the syntactical analysis of the electronically document is signed may be proved in Program-Specific Notice or related documents (e.g., submitted file. A positive any manner including by a showing that Implementation Guideline, TCA). acknowledgement indicates that the a procedure existed by which a party 46690 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices must of necessity have taken an action shall be transmitted in accordance with EPA will change PINs where Submitters or executed a symbol in order to have the standards set forth herein and in the undergo personnel changes that affect proceeded further in the use or Appendix. Appendix(es) are hereby the identity of their authorized processing of the information. incorporated herein by reference. Any representatives, or where there is 9.14 Transaction. Any transmission of data which is not a evidence of compromise. Depending on communication made or transaction Document/Report (i.e., which is not one the reporting cycle, EPA will then carried out and identified as the of the specified transaction sets) shall cancel such authorized representative’s communication or transaction to which have no force or effect between the individual PIN before the next reporting a Message refers including but not parties. cycle to which the PIN applies, or no limited to the filing of a specific report. 10.1 Implementation Guidelines. All later than fourteen (14) business days of 9.15 Transmission Log. Must be Documents/Reports transmitted receiving such notice, whichever comes retained by all parties using EDI for between the parties shall strictly adhere first. reporting purposes. The Transmission to published Accredited Standards 12.2 Protection of PIN. Each party Log includes the date, time, destination Committee (ASC) X12 standards for must protect the security of its PIN(s) address and telephone number, and a Electronic Data Interchange (EDI) and from compromise and shall take all copy of the file transmitted; it also shall comply with data conventions and necessary steps to prevent its loss, documents the persons who had access implementation guidelines set forth in disclosure, modification, or to the Submitter’s system during the this Agreement and Federal Register unauthorized use. The Submitter shall creation of the files and during their notice (‘‘Guidelines’’) and all notify EPA immediately if it has reason transmission. The Submitter shall create modifications of the Guidelines. to believe the security of any PIN(s) has an official Transmission Log of all 10.2 Modifications of Standards. been compromised and must request a transactions and maintain it without Whenever EPA intends to upgrade to a change. If EPA has reason to believe that any modification. Each Submitter shall new version and release of the ASC X12 PIN security has been compromised, the designate one or more qualified standard or modify the Guidelines, EPA Agency will consult with the Submitter individuals with appropriate authority shall give notice of its intent and shall and initiate PIN changes where to certify the accuracy and completeness establish a conversion date. The necessary. Also, the Submitter is of the Transmission Log and this Submitter shall have a minimum of responsible for immediately notifying designation shall be retained as part of sixty (60) days from the conversion date EPA (in writing and on company the records. Each Submitter shall also to upgrade to the new standard.10 EPA letterhead and signed by an authorized maintain records concerning the can discontinue support of the previous corporate officer) of termination of assignment and revocation of PINs, as standard no sooner than ninety (90) employment, or reassignment, of any discussed elsewhere in this notice. days after the conversion date.11 authorized representative, and of any 9.16 Transaction set. [Cite for specific 11. SYSTEM AND OPERATION new or newly assigned employee(s) who program]. EXPENSES. Each party, at its own will act as authorized representative(s). 9.17 User Manual. [Cite, if any]. expense, shall provide and maintain the 12.3 Access Control. [If required, 9.18 Writing. Any document properly equipment, software, services and additional program-specific measures to transmitted pursuant to this Agreement testing necessary to effectively and control access to the transmitted files.] shall be considered to be a ‘‘writing’’ or 12.4 Confidentiality. (If Applicable, 9 reliably transmit and receive ‘‘in writing’’. Documents. program-specific clause.) The submitter 9.19 Other Definitions. (As required, 12. SECURITY. The parties shall take may claim as confidential information additional Definitions may be included reasonable actions to implement and submitted to EPA pursuant to this in Program-specific TCAs.) agreement. In order to assert a claim of 10. EDI TRANSACTION maintain security procedures necessary to ensure the protection of confidentiality, the Submitter must PARAMETERS. Each party may mark the response CONFIDENTIAL electronically transmit to or receive transmissions against the risk of unauthorized access, alteration, loss or BUSINESS INFORMATION or with a similar from the other party any of the designation, and must clearly specify transaction sets listed in the Appendix destruction including, but not limited to those set forth [in Appendix A, in which information in the Document is and transaction sets which by agreement so claimed. [The program may wish to are added to the Appendix (collectively guidelines set forth in F.R., etc.]. 12.1 Creation of PIN. Where EPA insert here specific instructions for referred to as ‘‘Documents’’ or requires certification to insure the asserting confidentiality claims for ‘‘Reports’’). All Documents/Reports authenticity of electronically submitted electronic submissions.] Information so documents, EPA will generally require designated will be disclosed by EPA 9 ‘‘For the purpose of interpreting federal statutes, the Submitter to use a PIN assigned by only to the extent allowed by, and by ‘‘writing’’ is defined to include ‘printing and means of, the procedures set forth in, 40 typewriting and reproductions of visual symbols by EPA. If EPA agrees to enter into a photographing, multi graphing, mimeographing, trading partner relationship with a CFR Part 2. If the Submitter fails to manifolding, or otherwise.’ Although the terms of Submitter, EPA will assign PIN(s) upon claim the information as confidential in contracts formed using EDI are stored in a different receipt and receipt by EPA of the accordance with the provisions of this manner than those of paper and ink contracts, they paragraph, 10.4, the information may be ultimately take the form of visual symbols. . . .it is Submitter’s signed TCA. EPA will mail sensible to interpret federal law in a manner to the PIN(s) directly to each authorized available to the public without further accommodate technological advancements. . . .It is representative(s) identified in the PIN notice. evident that EDI technology had not been conceived 12.5 Other Specific Security request. The Agency will issue a new nor, probably, was even anticipated at the times Requirements. [If required, other section 1501 and the statutory definition of PIN at the written request, on company ‘‘writing’’ were enacted. Nevertheless, we conclude program-specific measures.] letterhead, of a responsible corporate 13. MISDIRECTED AND CORRUPTED that, given the legislative history of section 1501 officer of the submitter. In addition, and the expansive definition of writing, section TRANSMISSIONS. If EPA has reason to 1501 and 1 U.S.C. Section 1 encompass EDI believe that a Message is not intended technology.’’ U.S. Comptroller General decision, 10 These dates may vary with specific program ‘‘Use of Electronic Data Interchange Technology to requirements. for EPA or is corrupted, EPA shall notify Create Valid Obligations,’’ File: B–245714 (13 11 These dates may vary with specific program the Submitter and shall delete from December 1991). requirements. EPA’s system the information contained Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46691 in such Message (where allowed by from or waive any requirement of law upon, the Submitter and their respective applicable law) but not the record of its applicable to the Submitter pertaining to successors and assigns. receipt. Where there is evidence that a record or document retention, or to 20. SEVERABILITY. Any provision of Message has been corrupted or if any create new or additional requirements this Agreement which is determined to Message is identified or capable of being for retention of records or documents be invalid or unenforceable will be identified as incorrect, EPA shall notify except as specifically noted herein or in ineffective to the extent of such the Submitter and it shall be re- the Appendix(es). Sender shall retain all determination without invalidating the transmitted by the Submitter as soon as records, regardless of the medium on remaining provisions of this Agreement practicable with a clear indication that which they are recorded, used in the or affecting the validity or enforceability it is a corrected Message. [Dependent on derivation of the Documents/Reports or of such remaining provisions. circumstances, corresponding information therein transmitted 21. NOTICE. All notices or other requirement may be needed if EPA will pursuant to this Agreement for the forms of notification, request or be sending messages.] period which would be required for instruction required to be given by a 14. COMMUNICATIONS functionally equivalent paper records. party to any other party under CONNECTIONS. Unless otherwise 16. CONFLICTING TERMS AND paragraphs 10, 14, and 15 of this stipulated in program-specific notice, CONDITIONS. This Agreement and all Agreement shall be delivered by hand, documents shall be transmitted appendices attached constitute the or sent by first class post or other electronically to each party through a entire agreement between the parties. As recognized carrier to the address of the third party service provider the parties develop additional addressee as set out in this Agreement (‘‘Provider’’), designated in the program- capabilities respecting EDI, additional or to such other address as the specific Implementation Guidelines, addenda may be added to this addressee may from time to time have who shall be considered the designated Agreement. EPA will publish notice of notified for the purpose of this clause, provider. The Submitter may transmit new Addenda appending this or sent by electronic means of message through EPA’s designated Provider or Agreement and their effective date in transmission producing hard copy read- through a third party service provider of the Federal Register. Upon the effective out including telex and facsimile, or their choice. In either case, the date, each Addendum shall be published in the Federal Register Submitter assumes all risks associated appended to this Agreement. If the notice, and shall be deemed to have with their interaction with third party been received: Submitter does not agree to specified • service providers. Upon written consent changes in the terms and conditions of if sent by electronic means: at the of EPA, at Submitter’s own expense and this Agreement, as provided in the time of transmission if transmitted at sender’s own risk, documents may be newly published Addenda, the during business hours of the receiving electronically transmitted to EPA Submitter must notify EPA in instrument and if not during business directly. EPA will specify procedures accordance with paragraph 15 below. In hours, one hour after the for doing so. Upon thirty days advance the absence of such notification, each commencement of the next working day notice EPA may change its third party addendum shall be appended to this following the day transmission; • if sent by first-class post or service providers. Agreement and the date published in recognized carrier: 3 business days after 14.1 Third-Party Service Provider the Federal Register notice shall be the posting exclusive of the day of posting; Fees.12 [Apportionment of the following effective date. • if delivered by hand: on the day of fees: (could be incorporated by reference 17. TERMINATION. This Agreement from guidelines, appendix etc.)] delivery. shall remain in effect until terminated Notwithstanding the above, EPA may 14.2 Third-Party Service Provider by either party with not less than 30 at its discretion provide notices under Liability Apportionment. Each party days prior written notice, which notice paragraphs 7.2, 13, and 17 of this shall be responsible for ensuring the shall specify the effective date of Agreement via publication in the correctness of its transmission except as termination; provided, however, that Federal Register. Notice shall be otherwise provided in this Agreement. any termination shall not affect the deemed to be received on the day of 14.3 Records Transmitted Through respective obligations or rights of the publication of the Federal Register Provider. The parties agree that either of parties arising under any Documents or notice. them may have access to Providers’ otherwise under this Agreement prior to Notice address for EPA follows: copies of the records, at the expense of the effective date of termination. USEPA, llll. the requesting party. Termination of this Agreement shall not 22. INABILITY TO FILE REPORTS 15. RECORD RETENTION AND affect any action required to complete or VIA EDI. No party shall be liable for any STORAGE. implement Messages which are sent failure to perform its obligations in 15.1 Transmission Log. The prior to such termination. Emergency connection with any EDI Transaction or Transmission Log shall be maintained temporary termination of computer any EDI Document, where such failure by the Submitter without any connections may be made to protect results from any act or cause beyond modification for as long as required for data from illegal access or other such party’s control which prevents the paper record [Specific program must incidental damage. such party from transmitting or insert applicable regulations]. The 18. SURVIVABILITY. receiving any Documents via EDI, Submitter shall designate one or more Notwithstanding termination for any except that the Submitter is nonetheless individuals with appropriate authority reason, Clauses #2 (Validity and required to submit records or to certify the accuracy and completeness Enforceability), #10 (Security), #13 information required by law via other of the Transmission Log. (Record Retention and Storage), #21 means, as provided by applicable law 15.2 Record Retention. Nothing herein (Governing Law), #22 (Choice of and within the time period provided by is intended to release the Submitter Language), and #23 (Dispute Resolution) such law. shall survive termination of this 23. GOVERNING LAW. This 12 EPA does not foresee clause 12.1 being Agreement. included in it’s TCA during the Interim Policy Agreement shall be governed by and Phase and is uncertain if such provisions will be 19. ASSIGNABILITY. This Agreement interpreted in accordance with the included in future TCAs. is for the benefit of, and shall be binding Federal laws of the United States. 46692 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

24. CHOICE OF LANGUAGE. Agreement and supersede all prior This Agreement is for the benefit of, (Optional Program-specific application representations or agreements, whether and shall be binding upon, the parties clause) The parties have requested that oral or written, with respect to such and their respective successors and this Agreement and all Documents and matters. No oral modification or waiver assigns. other communications transmitted via of any of the provisions of this (To be signed by the Delegated Authority in the EDI Network or otherwise delivered Agreement shall be binding on either specific EPA Office) party. As the Partners develop with respect to this Agreement be Dated: lllllllllllllllll expressed in the English language. additional capabilities respecting EDI, lllllllllllllllllllll (Should include translation.) additional Addenda may be added to Name of Delegated Authority 25. DISPUTE RESOLUTION. All this Agreement. EPA does not intend to Title of Delegated Authority disputes, differences, disagreements, change guidelines without just cause or and/or claims between the parties without consulting industry, however, III. Model of EPA Terms and arising under or relating to this as a practical matter it is too Conditions Agreement Memorandum agreement that are not resolved by cumbersome to obtain formal negotiation and that the parties cannot agreements from each Submitter when Program-specific notices will contain agree to submit for arbitration or other technical or procedural changes are the memorandum, similar to this model procedure for the resolution of disputes, required, particularly to the agreement memorandum, which the shall be subject to the jurisdiction of Implementation Guidelines. Therefore, Submitter will sign and return to EPA. U.S. Courts. EPA will publish notice of new The program-specific TCA will stipulate 26. ENTIRE AGREEMENT. This Addenda appending this Agreement and what actions will constitute acceptance Agreement [and the Implementation their effective date in the Federal by EPA of a Submitter’s signed and Guide and Appendix] constitute the Register. Upon the effective date, each returned agreement memorandum and complete agreement of the parties Addendum shall be appended to this the effective date of the agreement. relating to the matters specified in this Agreement. BILLING CODE 6560±50±M Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices 46693 46694 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices

Dated: August 21, 1996. Carol M. Browner, Administrator. [FR Doc. 96–22381 Filed 9–3–96; 8:45 am] BILLING CODE 6560±50±C federal register September 4,1996 Wednesday Corn Brooms Implementation ActConcerningBroom North AmericanFreeTradeAgreement Trade Actof1974andSection304the Determinations UnderSection203ofthe Memorandum ofAugust30,1996Ð The President Part III 46695

46697

Federal Register Presidential Documents Vol. 61, No. 172

Wednesday, September 4, 1996

Title 3— Memorandum of August 30, 1996

The President Determinations Under Section 203 of the Trade Act of 1974 and Section 304 of the North American Free Trade Agree- ment Implementation Act Concerning Broom Corn Brooms

Memorandum for the United States Trade Representative, the Secretary of Agriculture, the Secretary of Commerce, [and] the Secretary of Labor

On August 1, 1996, the United States International Trade Commission (USITC) submitted to me a report that included: (a) a determination pursuant to section 202 of the Trade Act of 1974 (‘‘the Trade Act’’) that imports of broom corn brooms are being imported into the United States in such increased quantities as to be a substantial cause of serious injury to the domestic industry producing an article like or directly competitive with the imported article; (b) a finding pursuant to section 311(a) of the North American Free Trade Agreement (NAFTA) Implementation Act (‘‘NAFTA Act’’) that imports of broom corn brooms produced in Mexico account for a substantial share of total imports of such brooms and contribute importantly to the serious injury caused by imports; but that imports of broom corn brooms produced in Canada do not account for a substantial share of total imports and thus do not contribute importantly to the serious injury caused by imports; (c) a determination under section 302 of the NAFTA Act that, as a result of the reduction or elimination or a duty provided for under the NAFTA, broom corn brooms produced in Mexico are being imported into the United States in such increased quantities (in absolute terms) and under such condi- tions so that imports of the article, alone, constitute a substantial cause of serious injury to the domestic industry producing an article that is like, or directly competitive with, the imported article; and (d) recommendations for action by the President in response to these determinations. Pursuant to section 203(a) of the Trade Act, I have determined to take appropriate and feasible action within my power that will facilitate efforts by the domestic industry to make a positive adjustment to competition from imports of broom corn brooms. I have not implemented at this time any of the actions recommended by the USITC, because I believe it would be more appropriate first to seek a negotiated solution with appropriate foreign countries that would address the serious injury to our domestic broom corn broom industry, promote positive adjustment, and strike a bal- ance among the various interests involved. Therefore, after considering all relevant aspects of the investigation, including the factors set forth in section 203(a)(2) of the Trade Act, I hereby direct the Trade Representative to negotiate and conclude, within 90 days, agree- ments of a type described in section 203(a)(3)(E) of the Trade Act, and to carry out any agreements reached. Not later than the end of this 90- day period, I would implement action of a type described in section 203(a)(3). I hereby direct the Secretaries of Agriculture, Commerce, and Labor to de- velop and present to me, within 90 days, a program of measures designed to enable our domestic industry producing broom corn brooms to adjust to import competition. 46698 Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Presidential Documents

I agree with the USITC’s finding under section 311(a) of the NAFTA Act, and therefore determine, pursuant to section 312(a) of the Act, that imports of broom corn brooms from Mexico account for a substantial share of total imports of such brooms and contribute importantly to the serious injury caused by imports; but that imports of broom corn brooms from Canada do not account for a substantial share of total imports and thus do not contribute importantly to the serious injury caused by imports. Therefore, pursuant to section 312(b) of the NAFTA Act, agreements reached, and action of a type described in section 203(a)(3) of the Trade Act, would apply to imports of broom corn brooms from Mexico, but would not apply to imports of broom corn brooms from Canada. Also, in light of the USITC’s findings, any agreements and action would not apply to imports of broom corn brooms from Israel. As a result of the action I have taken under section 203 of the Trade Act, I have fully preserved my ability to implement tariff increases of a magnitude equal to or greater than the increases recommended by USITC commissioners under section 303 of the NAFTA Act. Section 203 of the Trade Act also authorizes a wider array of types of action than the tariff increases permitted under the NAFTA Act. Thus, through section 203 of the Trade Act, I maintain the full power to address the serious injury found by the USITC to have resulted from the reduction in tariffs under the NAFTA. For these reasons, I have determined that additional action under section 304 of the NAFTA Act is not necessary and would not provide greater benefits than costs. The United States Trade Representative is authorized and directed to publish this determination in the Federal Register. œ–

THE WHITE HOUSE, Washington, August 30, 1996. [FR Doc. 96–22756 Filed 9–3–96; 10:24 a.m.] Billing code 3190–01–M i

Reader Aids Federal Register Vol. 61, No. 172 Wednesday, September 4, 1996

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 the revision date of each title. Laws 3 CFR 135...... 46407 Public Laws Update Services (numbers, dates, etc.) 523±6641 For additional information 523±5227 Administrative Orders: Presidential Determinations: 36 CFR Presidential Documents No. 96±43 of August 1...... 46554 Executive orders and proclamations 523±5227 27, 1996 ...... 46529 7...... 46379 The United States Government Manual 523±5227 Memorandums: 15...... 46554 August 30, 1996 ...... 46695 Other Services 40 CFR Electronic and on-line services (voice) 523±4534 5 CFR Privacy Act Compilation 523±3187 317...... 46531 261...... 46380 TDD for the hearing impaired 523±5229 412...... 46531 Proposed Rules: 7 CFR 59...... 46410 64...... 46418 ELECTRONIC BULLETIN BOARD Proposed Rules: 70...... 46418 457...... 46401 Free Electronic Bulletin Board service for Public Law numbers, 71...... 46418 1079...... 46571 Federal Register finding aids, and list of documents on public 300...... 46418 inspection. 202±275±0920 8 CFR 42 CFR FAX-ON-DEMAND 3...... 46373 103...... 46373 417...... 46384 You may access our Fax-On-Demand service. You only need a fax 210...... 46534 Proposed Rules: machine and there is no charge for the service except for long 242...... 46373 418...... 46579 distance telephone charges the user may incur. The list of 245a...... 46534 documents on public inspection and the daily Federal Register’s 264...... 46534 47 CFR table of contents are available using this service. The document 274a...... 46534 numbers are 7050-Public Inspection list and 7051-Table of 299...... 46534 1...... 46557 Contents list. The public inspection list will be updated 25...... 46557 10 CFR immediately for documents filed on an emergency basis. 73...... 46563 Ch. 1 ...... 46537 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 80...... 46563 95...... 46563 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 14 CFR public inspection may be viewed and copied in our office located Proposed Rules: 39 ...... 46538, 46540, 46541, Ch. 1 ...... 46419 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 46542 telephone number is: 301±713±6905 1...... 46420, 46603 Proposed Rules: 22...... 46420 39 ...... 46572, 46574, 46576 25...... 46420 FEDERAL REGISTER PAGES AND DATES, SEPTEMBER 21 CFR 73...... 46430 46373±46528...... 3 173...... 46374, 46376 48 CFR 46529±46698...... 4 177...... 46543 178...... 46544, 46545 Proposed Rules: 510...... 46547 501...... 46607 522...... 46548 504...... 46607 507...... 46607 24 CFR 510...... 46607 3500...... 46510 511...... 46607 Proposed Rules: 512...... 46607 3500...... 46523 514...... 46607 27 CFR 515...... 46607 538...... 46607 Proposed Rules: 539...... 46607 9...... 46403 543...... 46607 30 CFR 546...... 46607 552...... 46607 935...... 46548 570...... 46607 944...... 46550 946...... 46552 Proposed Rules: 49 CFR 917...... 46577 583...... 46385 32 CFR 50 CFR 706...... 46378 801...... 46379 32...... 46390 679...... 46399, 46570 35 CFR Proposed Rules: Proposed Rules: 17...... 46430, 46608 133...... 46407 21...... 46431 ii Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Reader Aids

REMINDERS McDonnell Douglas; by 9-12-96; published 7- Air quality implementation The items in this list were published 7-31-96 24-96 plans; √A√approval and editorially compiled as an aid Ocean salmon off coasts of promulgation; various to Federal Register users. COMMENTS DUE NEXT Washington, Oregon, and States; air quality planning purposes; designation of Inclusion or exclusion from WEEK California; comments due this list has no legal by 9-9-96; published 8-23- areas: significance. 96 Colorado; comments due by AGRICULTURE Pacific Coast groundfish; 9-9-96; published 8-23-96 DEPARTMENT comments due by 9-12- Illinois; comments due by 9- RULES GOING INTO Agricultural Marketing 96; published 8-28-96 9-96; published 8-8-96 Service EFFECT TODAY DEFENSE DEPARTMENT Air quality planning purposes; Cranberries grown in Acquisition regulations: designation of areas: HEALTH AND HUMAN Massachusetts et al.; Allowable individual SERVICES DEPARTMENT comments due by 9-11-96; Nevada; comments due by compensation; comments 9-11-96; published 8-12- Food and Drug published 8-12-96 due by 9-9-96; published 96 Administration Milk marketing orders: 7-10-96 Clean Air Act: Animal drugs, feeds, and Iowa; comments due by 9- ENERGY DEPARTMENT related products: 11-96; published 9-4-96 State operating permits New drug applications-- Energy Efficiency and programs-- Peanuts, domestically Renewable Energy Office Xylazine injection; produced; comments due by New Hampshire; Consumer products; energy published 9-4-96 9-12-96; published 8-28-96 comments due by 9-13- conservation program: 96; published 8-14-96 Sponsor name and address AGRICULTURE Appliance standards; revised Hazardous waste program changes-- DEPARTMENT product data sheets; authorizations: Roussel-UCLAF-SA; Animal and Plant Health comments due by 9-9-96; Delaware; comments due by published 9-4-96 Inspection Service Food additives: published 8-27-96 9-9-96; published 8-8-96 Exportation and importation of Adjuvants, production aids, Refrigerators, refrigerator- Hazardous waste: animals and animal freezers, and freezers; and sanitizers-- State underground storage products: comments due by 9-11- Bis(2,4-di-tert-butyl-6- tank program approvals-- Rinderpest and foot-and- 96; published 8-12-96 methylphenyl) ethyl mouth disease; disease Connecticut; comments phosphite; published 9- ENVIRONMENTAL status change-- due by 9-9-96; 4-96 PROTECTION AGENCY Czech Republic and Italy; published 8-9-96 Phosphorous acid, cyclic Air pollution control; new comments due by 9-9- Delaware; comments due neopentanetetrayl motor vehicles and engines: 96; published 7-9-96 by 9-9-96; published 8- bis(2,6-di-tert-butyl-4- Highway heavy-duty 5-96 AGRICULTURE engines; emissions methylphenyl)ester; Pesticide programs: published 9-4-96 DEPARTMENT control; comments due by Risk/benefit information; Polymers-- Food Safety and Inspection 9-12-96; published 7-19- Service 96 reporting requirements; Di(4-methylbenzoyl) comments due by 9-11- Meat and poultry inspection: Air programs; fuels and fuel peroxide; published 9-4- 96; published 8-12-96 96 Shingle packed bacon; net additives: FARM CREDIT INTERIOR DEPARTMENT weight statements; Reformulated gasoline ADMINISTRATION National Park Service labeling requirement standards-- Farm credit system: Environman and human figure removed; comments due Nitrogen oxides; and design symbol use; by 9-13-96; published 8- comments due by 9-9- Capital adequacy and CFR part removed; 14-96 96; published 7-9-96 customer eligibility; published 9-4-96 COMMERCE DEPARTMENT Air quality implementation miscellaneous plans: amendments; comments INTERIOR DEPARTMENT Census Bureau Preparation, adoption, and due by 9-12-96; published Surface Mining Reclamation Foreign trade statistics: submittal-- 8-13-96 and Enforcement Office Customs entry records; Air quality models FEDERAL Permanent program and collection of Canadian guideline; comments COMMUNICATIONS abandoned mine land Province of Origin due by 9-11-96; COMMISSION reclamation plan information; comments published 8-12-96 submissions: due by 9-9-96; published Radio stations; table of Transportation conformity Ohio; published 9-4-96 7-10-96 assignments: rule; flexibility and Michigan; comments due by Utah; published 9-4-96 COMMERCE DEPARTMENT streamlining; comments 9-9-96; published 8-14-96 Virginia; published 9-4-96 National Oceanic and due by 9-9-96; published Pennsylvania; comments LABOR DEPARTMENT Atmospheric Administration 7-9-96 due by 9-9-96; published Federal Acquisition Fishery conservation and Air quality implementation 8-20-96 Streamlining Act of 1994; management: plans; approval and FEDERAL HOUSING contract labor laws; promulgation; various Alaska; fisheries of FINANCE BOARD published 8-5-96 Exclusive Economic Zone States: LABOR DEPARTMENT and repeal of North Illinois; comments due by 9- Federal home loan bank Wage and Hour Division Pacific fisheries research 9-96; published 8-8-96 system: Federal Acquisition plan; comments due by 9- Massachusetts; comments Budgets approval; Streamlining Act of 1994; 9-96; published 7-12-96 due by 9-9-96; published comments due by 9-9-96; contract labor laws; North Pacific fisheries 8-8-96 published 8-9-96 published 8-5-96 research plan; Pennsylvania; comments FEDERAL TRADE TRANSPORTATION implementation; comments due by 9-9-96; published COMMISSION DEPARTMENT due by 9-13-96; published 7-10-96 Textile Fiber Products Federal Aviation 8-2-96 Washington; comments due Identification Act: Administration Northeastern United States by 9-9-96; published 8-8- Teijin Ltd.; generic fiber Airworthiness directives: fisheries; comments due 96 name application; Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Reader Aids iii

comments due by 9-9-96; or Haitian nationals; Beneficial ownership penalties; practice rules; published 7-9-96 comments due by 9-10- reporting requirements; comments due by 9-13- HEALTH AND HUMAN 96; published 7-12-96 comments due by 9-9-96; 96; published 8-6-96 SERVICES DEPARTMENT Spouses and unmarried published 7-11-96 Motor vehicle safety Food and Drug children of refugees/ TRANSPORTATION standards: Administration asylees; procedures for DEPARTMENT Parts and accessories filing derivative petitions; Federal regulatory review: Coast Guard necessary for safe comments due by 9-9-96; Load lines: operation-- Food additives; comments published 7-9-96 due by 9-10-96; published Great Lakes certificate Antilock brake systems on JUSTICE DEPARTMENT 6-12-96 extension; comments due air-braked truck tractors, Classified national security by 9-9-96; published 7-9- single-unit trucks, Food standards; comments information and access to due by 9-10-96; published 96 buses, trailers, and classified information; converter dollies; 6-12-96 TRANSPORTATION comments due by 9-10-96; comments due by 9-10- DEPARTMENT Human drugs: published 7-12-96 96; published 7-12-96 Internal analgesic, Computer reservation systems: LEGAL SERVICES TRANSPORTATION antipyretic, and Prohibition of participating CORPORATION DEPARTMENT antirheumatic products Class actions; funding systems from engaging in (OTC); tentative final level of participation that National Highway Traffic restriction; comments due Safety Administration monograph; comments by 9-12-96; published 8-13- would be lower than level due by 9-11-96; published 96 of participation in any Motor vehicle safety standards: 6-13-96 Eviction proceedings of other system; comments HOUSING AND URBAN persons engaged in illegal due by 9-13-96; published Occupant crash protection-- DEVELOPMENT drug activity; representation 8-14-96 Safety belt fit DEPARTMENT funding restriction; TRANSPORTATION improvement; Type 2 Public and Indian housing: comments due by 9-12-96; DEPARTMENT safety belts for Public housing families; published 8-13-96 Federal Aviation adjustable seats in strengthening role of Redistricting; funding Administration automobiles with gross fathers; regulatory restriction; comments due Airworthiness directives: weight of 10,000 pounds or less; development; comments by 9-12-96; published 8-13- Airbus; comments due by 9- comments due by 9-12- due by 9-13-96; published 96 10-96; published 7-30-96 96; published 7-29-96 7-30-96 Use of funds from sources AlliedSignal Inc.; comments HOUSING AND URBAN other than Corporation (non- due by 9-9-96; published TREASURY DEPARTMENT DEVELOPMENT LSC funds); comments due 7-10-96 Alcohol, Tobacco and by 9-12-96; published 8-13- DEPARTMENT Boeing; comments due by Firearms Bureau 96 Federal Housing Enterprise 9-9-96; published 7-9-96 Alcohol, tobacco, and other Oversight Office NATIONAL CREDIT UNION Fokker; comments due by excise taxes: Risk-based capital; comments ADMINISTRATION 9-9-96; published 7-9-96 Liquors and articles from Credit unions: due by 9-9-96; published 6- McDonnell Douglas; Puerto Rico and Virgin 11-96 Share insurance payment comments due by 9-9-96; Islands; Federal regulatory and appeals; comments INTERIOR DEPARTMENT published 7-9-96 review; comments due by due by 9-10-96; published 9-11-96; published 6-13- Pratt & Whitney; comments Indian Affairs Bureau 7-12-96 96 Housing improvement due by 9-10-96; published NUCLEAR REGULATORY 7-12-96 Alcoholic beverages: program: COMMISSION Short Brothers PLC; Distilled spirits; labeling and Administrative guidelines Rulemaking petitions: advertising-- simplification; comments comments due by 9-9-96; IsoStent, Inc.; comments published 7-29-96 Grape brandy, unaged; due by 9-13-96; published due by 9-10-96; published 7-15-96 Short Brothers plc; comments due by 9-11- 6-27-96 96; published 6-13-96 Land and water: comments due by 9-11- PERSONNEL MANAGEMENT 96; published 8-1-96 TREASURY DEPARTMENT Land acquisitions-- OFFICE Airworthiness standards: Internal Revenue Service Navajo partitioned land Allowances and diffferentials: Special conditions-- Estate and gift taxes: grazing regulations; Cost-of-living allowances in comments due by 9-9- Alaska, Hawaii, Puerto Cessna model 550 Generation-skipping transfer 96; published 6-10-96 Rico, Guam, and U.S. airplane (serial number tax; comments due by 9- Practice and procedure: Virgin Islands; partnership 550-0801, etc.); 10-96; published 6-12-96 comments due by 9-13- Employment preference; pilot project; comments Sale of seized property; 96; published 8-14-96 comments due by 9-10- due by 9-11-96; published setting of minimum price; 96; published 7-12-96 8-12-96 Class D airspace; comments comments due by 9-11- due by 9-9-96; published 7- 96; published 6-13-96 INTERIOR DEPARTMENT Health benefits, Federal employees: 29-96 Land Management Bureau VETERANS AFFAIRS Opportunities to enroll and Class E airspace; comments DEPARTMENT Range management: change enrollment; due by 9-13-96; published Adjudication; pensions, Wild free-roaming horses comments due by 9-9-96; 7-29-96 compensation, dependency, and burros; adoption fees; published 7-9-96 TRANSPORTATION etc.: comments due by 9-9-96; POSTAL SERVICE DEPARTMENT published 7-10-96 Diseases associated with Postal electronic commerce Federal Highway exposure to herbicide JUSTICE DEPARTMENT services; development; Administration agents-- Immigration and comments due by 9-13-96; Motor carrier safety and Prostate cancer and acute Naturalization Service published 8-14-96 hazardous materials and subacute peripheral Immigration: SECURITIES AND administration: neuropathy; comments Resettlement assistance EXCHANGE COMMISSION Proceeding, investigations, due by 9-9-96; eligibility; paroled Cuban Securities: and disqualifications and published 8-8-96