1-4-85 Monday m \ . 50 No. 23 February 4, 1985 Vages 4847-4956

Selected Subjects

Allens Immigration and Naturalization Service Authority Delegations (Government Agencies) Food and Drug Administration Aviation Safety Federal Aviation Administration Elementary and Secondary Education Education Department Endangered and Threatened Species Fish and Wildlife Service Food Additives Food and Drug Administration Marketing Agreements Agricultural Marketing Service Motor Carriers Interstate Commerce Commission Old-Age, Survivors and Disability Insurance Social Security Administration Quarantine Animal and Plant Health Inspection Service Seamen Coast Guard

CONTINUED INSIDE II Federal Register / Vol. 50, No. 23 / Monday, February 4,1985

FEDERAL REGISTER Published daily, Monday through Friday, (not published on Saturdays, Sundays, or on official holidays), by the Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, DC 20408, under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C. Ch. 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, „ U.S. Government Printing Office, Washington, DC 20402.

The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Federal agencies. These include Presidential proclamations and Executive Orders and Federal agency documents having general applicability and legal effect, documents required to be published by act of Congress and other Federal agency documents of public interest. Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless earlier filing is requested by the issuing agency. The Federal Register will be furnished by mail to subscribers for $300.00 per year, or $150.00 for 6 months, payable in advance. The charge for individual copies is $1.50 for each issue, or $1.50 for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

There are no restrictions on the republieation of material appearing in the Federal Register.

Questions and requests for specific information may be directed to the telephone numbers listed under INFORMATION AND ASSISTANCE in the READER AIDS section of this issue. I l l

Contents Federal Register Vol. 50, No. 23 Monday, February 4, 1985

The President Coast Guard PROCLAMATIONS RULES 4847 Sugars, sirups, and molasses, modification of tariffs Ports and waterways safety: EXECUTIVE ORDERS 4860 Safety zones, security zones, and special local 4849 Semiconductor chip products, protection regulations, list of temporary rules PROPOSED RULES Executive Agencies Merchant marine officers and seamen: 4875 Certification of seamen; advance notice African Development Foundation Vessel documentation and measurement: NOTICES 4877 Hailing port marking, etc.; extension of time 4936 Meetings; Sunshine Act Commerce Department Agency for international Development NOTICES NOTICES 4879 Agency information collection activities under Meetings: OMB review 4921 International Food and Agricultural Development Board Conservation and Renewable Energy Office NOTICES Agricultural Marketing Service Consumer products, energy conservation program: RULES 4888 Average unit costs of residential energy sources 4853 Oranges (navel) grown in Arizona and California Defense Department 4854 Kiwifruit grown in California S ee a lso Army Department; Navy Department. Agriculture Department NOTICES S ee Agricultural Marketing Service; Animal and Meetings: Plant Health Inspection Service; Farmers Home 4880 DIA Scientific Advisory Committee (2 Administration. documents) 4879 Presidents’ Chemical Warfare Review Animal and Plant Health Inspection Service Commission RULES Education Department Plant quarantine, domestic: RULES 4851 Honey bee tracheal mite; interim Elementary and secondary education: Antitrust Division 4862 Areas affected by Federal activities, etc.; assistance for local educational agencies (impact NOTICES aid program); application deadline Competitive impact statements and proposed NOTICES consent judgements: Grants; availability, etc.: 4921 R.C. Cobb, Inc. et al. 4884 Discretionary grant programs National cooperative research notifications: 4881, Teacher incentive structures planning grants (2 4928 Medium range truck transmission cooperative 4882 documents) project (Eaton Corp. et al.) 4884 Guaranteed student loan program and plus program; special allowances Army Department NOTICES Energy Department Meetings: S ee a lso Conservation and Renewable Energy 4880 Science Board (2 documents) Office; Federal Energy Regulatory Commission. NOTICES Arts and Humanities, National Foundation Atomic energy agreements; subsequent NOTICES arrangements: Meetings: 4888 European Atomic Energy Community (2 4929 Music Advisory Panel documents) 4888 European Atomic Energy Community and Centers for Disease Control Switzerland NOTICES Meetings: 4913 1,3-Dichloropropene; secondary data on use and 4887 Dose Assessment Advisory Group health effects; NIOSH inquiry 4913 Fenthion use by veterinarians and allied personnel; Environmental Protection Agency secondary data on peripheral neuropathy; NIOSH PROPOSED RULES. inquiry Water pollution; effluent guidelines for point source Grants and cooperative agreements: categories: 4913 Calcium floride use; demonstration program; 4872 Nonferrous metals forming and metals powders, correction and copper forming; data availability, etc. IV Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Contents

NOTICES Federal Maritime Commission Toxic and hazardous substances control: NOTICES 4897 Premanufacture notices; monthly status reports 4906 Agency information collection activities under 4896 Premanufacture notices receipt OMB review

Farmers Home Administration Federal Reserve System NOTICES n o tic e s Natural resource management guide meetings: Bank holding company applications, etc.: 4878 Arizona 4908 BankEast Corp. et al. 4878 California 4909 Central Fidelity Banks, Inc., et al. 4878 Delaware Federal Reserve Bank services; fee schedules and 4879 Maine pricing principles: 4907 Definitive securities safekeeping and noncash Federal Aviation Administration collection service RULES Airworthiness directives: Federal Trade Commission 4857 Bell NOTICES 4857 Transition areas 4910 Agency information collection activities under PROPOSED RULES OMB review Airworthiness directives: Cigarettes: 4867 British Aerospace 4909 Comprehensive Smoking Education Act; 4869, Partenavia Costruzioni Aeronautiche S.p.A. (2 manufacturer and importer obligations to submit 4870 documents) rotational plans 4910 Tar, nicotine, and carbon monoxide content; Federal Communications Commission listing RULES Radio stations; table of assignments: Fish and Wildlife Service Idaho and Washington (Editorial Note: This RULES document, appearing at page 4220 in the Federal Endangered and threatened species: Register for January 30,1985, was incorrectly 4938 Brown pelican identified as Washington in that issue’s table of PROPOSED RULES contents) Migratory birds: NOTICES 4877 Raptors, exemptions and propagation permits Hearings, etc.: and Federal falconry standards; intent to review; 4905 Saks, David C. extension of time 4906 Rulemaking proceedings filed, granted, denied, etc.; petitions Food and Drug Administration RULES Federal Election Commission Food additives: NOTICES 4859 Adjuvants, production aids, and sanitizers; 4936 Meetings; Sunshijne Act tetrakis [methylene(3,5-di-ter/-butyl-4- hydroxyhydrocinnamate)]-methane Organization and authority delegations: Federal Emergency Management Agency 4858 Regulatory Affairs Office officials et al; NOTICES certification, use of Department seal, disclosure 4906 Agency information collection activities under of official records, etc. OMB review PROPOSED RULES Human drugs: Federal Energy Regulatory Commission 4872 Cold, cough, allergy, bronchodilator, and anti­ PROPOSED RULES asthmatic drug products (OTC); tentative final Natural gas companies (Natural Gas Act) and monograph for (OTC) nasal decongestant drug Natural Gas Policy Act: products; correction 4871 Pipelines; interstate transportation of gas for NOTICES others; implications of partial wellhead Committees; establishment, renewals, terminations, decontrol; conference etc.: NOTICES 4916 Center for Devices and Radiological Health Electric rate and corporate regulation filings: Committees, etc.; request for nominations 4893 Illinois Power Co. et al. Human drugs: Hearings, etc.: 4914 Orphan drug products; designations, cumulative 4889 Carolina Power & Light Co. list 4891 Central Illinois Light Co. 4916 Over-the-counter (OTC) drug feedback meetings; 4892 Hawaiian Electric Co. policy statement 4895 Trunkline Gas Co. Interlocking directorate filings: General Services Administration 4892 Uligan, Charles Gregory, et al. RULES Small power production and cogeneration facilities; Acquisition regulations (GSAR): qualifying status; certification applications, etc.: 4862 Threshold for applications of Trade Agreements 4896 Nitram, Inc., et al. Acts; temporary VFederal Register / Vol. 50, No. 23 / M onday, February 4, 1985VFederal / Contents

NOTICES Navy Department Property management: NOTICES 4912 Self-service store closures, National Capital Meetings: Region 4831 Chief of Naval Operations Executive Panel Advisory Committee Health and Human Services Department 4881 Naval Discharge Review Board S ee Centers for Disease Control; Food and Drug Administration; Human Development Services Office; Public Health Service; Social Security Neighborhood Reinvestment Corporation Administration. NOTICES 493S Meetings; Sunshine Act Human Development Services Office NOTICES Nuclear Regulatory Commission Meetings: PROPOSED RULES 4917 Federal Council on Aging Rulemaking petitions: 4866 Wisconsin Immigration and Naturalization Service NOTICES PROPOSED RULES Applications, etc.: Nonimmigrants; documentary requirements; 4929 Power Authority of State of New York waivers, etc.: Meetings: 4865 Bangladesh, India, Pakistan and Sri Lanka; 4931, Reactor Safeguards. Advisory Committee (4 transit without visa privilege withdrawn 4932 documents) 4932 Operating licenses, amendments; no significant Interior Department hazards considerations; monthly notices; correction S ee Fish and Wildlife Service; Land Management Bureau; Surface Mining Reclamation and Enforcement Office. Overseas Private Investment Corporation NOTICES International Development Cooperation Agency 4936 Meetings; Sunshine Act S ee Agency for International Development; Overseas Private Investment Corporation. Public Health Service NOTICES Interstate Commerce Commission Organization, functions, and authority delegations: RULES 4917 Health Resources and Services Administration Tariffs and schedules: 4862 Amendment procedures; increase in supplemental filings, etc.; correction Research and Special Programs Administration 4863 Motor common carriers of property; residential NOTICES and redelivered shipments; assessment of Hazardous materials; inconsistency rulings, etc.: charges; removed 4934 New York City, NY; conference and extension of NOTICES time Railroad operation, acquisition, construction, etc.: Meetings: 4921 MG Rail, Inc. 4933 National Hazardous Materials Transportation Advisory Committee Justice Department S ee Antitrust Division; Immigration and Naturalization Service. Securities and Exchange Commission NOTICES Land Management Bureau 4936 Meetings; Sunshine Act NOTICES Environmental concern; designation of critical areas: Social Security Administration 4918 Blue Ridge Area, CA PROPOSED RULES Environmental statements; availability, etc.: Social security benefits: 4918 Kemmerer Resource Area, WY 4948 Mental disorders; impairments listing Meetings: 4918 Vale District Grazing Advisory Board and Vale District Advisory Council State Department Resource management plan/environmental NOTICES statements; availability, etc.: Meetings: 4919 Lower Gila South Planning Area, AZ 4932, International Investment, Technology and 4933 Development Advisory Committee (2 documents) Library of Congress 4932, International Radio Consultative Committee (2 NOTICES 4933 documents) Meetings: 4933 International Telegraph and Telephone 4928 American Folklife Center Board of Trustees Consultative Committee (2 documents) VI Federal Register /. Vol. 50, No. 23 / Monday, February 4,1985 / Contents

Surface Mining Reclamation and Enforcement Office NOTICES 4920 Agency information collection activities under OMB review Environmental statements; availability, etc.: 4920 La Plata Mine, San Juan County, NM

Transportation Department S ee Coast Guard; Federal Aviation Administration; Research and Special Programs Administration.

Separate Parts in This issue

Part II 4938 Department of the Interior, Fish and Wildlife Service

Part Hi 4948 Department of Health and Human Services, Social Security Administration

Readers Aids Additional information, including a list of public laws, telephone numbers, and finding aids, appears in the Reader Aids section at the end of this issue

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 21 CFR Executive Orders: 5...... 4858 12504...... 4849 178...... 4859 Proclamations: Proposed Rules: 341...... 5297...... 4847 ____ 4872 7 CFR 33 CFR 1 0 0 ...... 301...... 4851 .....4860 907...... 4853 165...... 4860 920...... 4854 34 CFR 8 CFR 222...... 4862 Proposed Rules: 40 CFR 212...... ______4865 Proposed Rules: 10 CFR 471...... 4872 468...... 4872 Proposed Rules: 71...... 4866 46 CFR 14 CFR Proposed Rules: 12...... 39...... 4857 4875 67...... 4877 71...... 4857 Proposed Rules: 48 CFR Ch. 5...... 39 (3 documents)...... 4867- ...... 4862 4870 49 CFR 18 CFR 1312 (2 documents)...... 4863 Proposed Rules: 50 CFR 157...... 4871 17...... 4938 284...... 4871 Proposed Rules: 20 CFR 21...... 4877 Proposed Rules: 404...... 4948 4847

Federal Register Presidential Documents Vol. 50, No. 23 £ Monday, February 4, 1985

Title 3—

The President Proclamation 5297 of January 31, 1985

Modification of Tariffs on Certain Sugars, Sirups, and Mo­ lasses

By the President of the United States of America

A Proclamation

1. Headnote 2 of Subpart A, Part 10, Schedule 1 of the Tariff Schedules of the United States (19 U.S.C. 1202), hereinafter referred to as the “TSUS,” provides, • in relevant part, as follows:

“(i) . . . if the President finds that a particular rate not lower than such January 1,1968, rate, limited by a particular quota, may be established for any articles provided for in items 155.20 or 155.30, which will give due consider­ ation to the interests in the United States sugar market of domestic producers and materially affected contracting parties to the General Agreement on Tariffs and Trade, he shall proclaim such particular rate and such quota limitation,. . .”

“(ii) . . . any rate and quota limitation so established shall be modified if the President finds and proclaims that such modification is required or appropri­ ate to give effect to the above considerations;. . .” 2. I find that the modifications hereinafter proclaimed of the rates of duty applicable to items 155.20 and 155.30 of the TSUS give due consideration to the interests in the United States sugar market of domestic producers and materially affected contracting parties to the General Agreement on Tariffs and Trade.

NOW, THEREFORE, I, RONALD REAGAN, President of the United States of America, by the authority vested in me by the Constitution and Statutes of the United States, including section 201 of the Trade Expansion Act of 1962, and pursuant to General Headnote 4 and 'Headnote, 2 of Subpart A, Part 10, Schedule 1 of the TSUS, do hereby proclaim until otherwise superseded: A. The rates of duty in rate columns 1 and 2 for items 155.20 and 155.30 of Subpart A, Part 10, Schedule 1 of the TSUS are modified and the following rates are established:

Rates of Duty

1 2 155.20 0.6625$ per lb. less 0.0093754 per lb. for each 1.98754 per lb. less 0.0281254 per lb. for each degree under 100 degrees (and fractions of a degree under 100 degrees (and fractions of a degree in proportion) but not' less than degree in proportion) but not less than 0.4281254 per lb. 1.2843754 per lb. 155.30 Dutiable on total sugar at the rate per lb. appli­ Dutiable on total sugars at the rate per lb. cable under Item 155.20 to sugar testing 100 applicable under Item 155.20 to sugar testing degrees. 100 degrees.

B. The provisions of this Proclamation shall apply to articles entered, or withdrawn from warehouse, for consumption on and after the date of this Proclamation. 4848 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this 31st day of January, in the year of our Lord nineteen hundred and eighty-five, and of the Independence of the United States of America the two hundred and ninth.

QvJL- [FR Doc. 85-2927 Filed 2-1-85; 11:02 am]' Billing code 3195-01-M Federal Register / Vol. 50, No. 23 / Monday, February 4,1985 / Presidential Documents 4849

Presidential Documents

Executive Order 12504 of January 31, 1985

Protection of Semiconductor Chip Products

By the authority vested in me as President by the Constitution and laws of the United States of America, including the Semiconductor Chip Protection Act of 1984 (17 U.S.C. 901 e t s e q .) and in order to provide for the orderly implementa­ tion of that Act, it is hereby ordered that, subject to the authority of the Director of the Office of Management and Budget under Executive Order No. 11030, as amended, requests for issuance by the President of a proclamation extending the protection of Chapter 9 of title 17 of the United States Code against unauthorized duplication of semiconductor chip products to foreign nationals, domiciliaries, and sovereign authorities shall be presented to the President through the Secretary of Commerce in accordance with such regula­ tions as the Secretary may, after consultation with the Secretary of State, prescribe and cause to be published in the Federal Register.

THE WHITE HOUSE, January 31, 1985. [FR Doc. 85-2928 Filed 2-1-85; 11:03 am] Billing code 3195-01-M

4851

Rules and Regulations Federal Register Vol. 50* No. 23

Monday*. February 4, 1985

This section of the FEDERAL REGISTER between 8:00 a.m. and 4:30 p.m., Monday effective date of this amendment, the contains regulatory documents having through Friday, except holidays. regulations quarantined only the State general applicability and legal effect, most FOR FURTHER INFORMATION CONTACT: of Texas, and restricted the interstate of which are keyed to and Codified in movement of regulated articles from the Code of Federal Regulations, which is B. Glen Lee, Emergency Programs published under 50 titles pursuant to 44 Coordinator, Plant Protection and regulated areas in Bee, Cameron, U.S.C. 1510. Quarantine, APHIS, USDA, Federal Chambers, Floyd, Hale, Harris, Hidalgo, The Code of Federal Regulations is sold Building, 6505 Belcrest Road, Room 611, Live Oak and Motley Counties in Texas by the Superintendent of Documents. Hyattsvilie, MD 20782, (301) 436-6365. in order to prevent the artificial spread Prices of new books are listed in the SUPPLEMENTARY INFORMATION: of the honey bee tracheal mite. This first FEDERAL REGISTER issue of each document also changes the previously week. Emergency Action used common name of the mite, Harvey L. Ford, Deputy Administrator Acarapis woodi, from "Acariñe mite” to of the Animal and Plant Health “honey bee tracheal mite”. DEPARTMENT OF AGRICULTURE Inspection Service for Plant Protection Quarantined States and Regulated Areas and Quarantine, has determined that an Animal and Plant Health Inspection emergency situation exists which The honey bee tracheal mite, Service warrants publication without prior Acarapis woodi, is an internal parasitic opportunity for a public comment period mite of honey bees (bees of the genus 7 CFR Part 30t on this final action* Due to the A pis). The mite reduces the ability of the possibility that the honey bee tracheal bees to fly and thereby causes scarcity [Docket No* 84-339] mite could be spread artificially to of food in bee colonies. Consequently, Honey Bee Tracheal Mite; Addition to noninfested areas of the United States, a the mite contributes to a loss of field Ust of Regulated Areas situation exists requiring immediate bees which results in substantial action to better control the spread of reductions in pollination. An infestation agency: Animal and Plant Health this pest. of honey bee tracheal mite disease in Inspection Service, USD A. Further, pursuant to the honey bee colonies can severely damage important agricultural commodities that ACTION: Interim rule. administrative procedure provisions'in 5 U.S.C. 553, it is found upon good cause depend upon pollination by the bees for sum m ary: This document amends that prior notice and other public production. These agricultural regulations in Subpart 92 of the procedure with respect to this commodities include forage crops, fruits, Domestic Quarantine Notices by emergency final action are vegetables, and oil crops. retitling the quarantine and regulations impracticable and contrary to the public Under the regulations, States where as “Subpart-Honey Bee Tracheal Mite”; interest; and good cause is found for- honey bee tracheal mite is found are by adding the States of Florida and making this emergency final action quarantined, and areas in the Louisiana to the list of States, effective less than 30 days after quarantined State are designated as quarantined because of the honey bee publication of this document in the regulated areas under criteria described tracheal mite, Acarapis woodi; by Federal Register* Comments will be below in order to prevent the movement adding the State of Florida, portions of solicited for 60 days after publication of of regulated articles interstate from four parishes in Louisiana, and one this document, and a final document regulated areas. An area in a county in Texas to the list of regulated discussing comments received and any quarantined State is designated as a areas; and by redescribing previously amendments required will be published regulated area if it is an area where the designated regulated areas in two in the Federal Register as soon as honey bee tracheal mite has been found counties in Texas. This action is possible. or an area in which the Deputy Administrator has reason to believe the necessary on an emergency basis to Background prevent the artificial spread of the honey honey bee tracheal mite is present, or bee tracheal mite from infested areas in This document amends §§ 301.92(a) each portion of a quarantined State Florida, Louisiana, and Texas to and 301.92-3(c) of "Subpart-Haney Bee which the Deputy Administrator deems noninfested areas of the United States. Tracheal Mite” quarantine and necessary to regulate because of its regulations (7 CFR 301.92 e t s e q *; proximity to the honey bee tracheal Da te s : Effective date of amendment previously captioned "Subpart-Acarine mite, or its inseparability for quarantine January 28,1985. Written comments Mite” and referred to below as the enforcement purposes from localities in concerning this final rule must be “regulations”) by adding the States of which the honey bee tracheal mite received on oe before April 5,1985. Florida and Louisiana to the fist of occurs. Less than an entire quarantined Address: Written comments concerning States quarantined for honey bee State is designated as a regulated area if rolemaking should be submitted to tracheal mite; by adding the State of the Deputy Administrator determines Thomas G. Gessel, Director, Regulatory Florida, portions of Iberia, Lafayette, St. that: Coordination Staff, Animal and Plant Martin, and Vermilion Parishes in (!) The State has adopted and is Health Inspection Service, Room 728, Louisiana, and a portion of Nueces enforcing a quarantine and regulations Federal Building, 6505 Belcrest Road, County in Texas to the list of regulated which imposes restrictions on the Hyattsvilie, MD 20782. Written areas; and by redescribing previously intrastate movement of the regulated comments received may be inspected at designated regulated areas in Bee and articles which are substantially the Room 728 of the Federal Building Live Oak Counties in Texas. Prior to the same as those imposed with respect to 4852 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations the interstate movement of such articles; Louisiana easterly on Farm Road 1358 to its intersection and Iberia Parish: That portion of the parish with Farm Road 623; then easterly on Farm (2) The designation of less than the lying west of the west shoreline of Lake Road 623 to the Live Oak County line; then entire State as a regulated area will Fausse Pointe except Marsh Island. southerly along the Live Oak County line to otherwise be adequate to prevent the Lafayette Parish: Those portions of T. 11 the point of beginning.” Is redescribed as artificial interstate spread of the honey and 12 S., R. 5 E., and the E. Ya of T. 11 S., R. 4 “That portion of the county bounded by a line bee tracheal mite. E. lying in the parish. beginning at a point where Interstate Recent surveys conducted by St. Martin Parish: That portion of the Highway 37 intersects Farm to Market Road inspectors of the Plant Protection and parish lying south of the north line of T. 11 S. (FM) 1358; then east 6.75 miles along FM1358 and west of Highway 31. Quarantine (PPQ), a unit within the to its intersection with an unnumbered road Vermilion Parish: T. 13 S., R. 4 E.; those in the settlement of Karon; the east 1.25 miles Animal Plant Health Inspection Service, portions of T. 11,12, and 13 S., R. 5 E. lying in along the unnumbered road to the Live Oak- U.S. Department of Agriculture (USDA), the parish; E. VS of T. 12 S., R. 4 E.; and that Bee County line; then south 7.75 miles along and officials of State agencies of portion of the E. Ya of T. 11 S., R. 4 E. lying in said county line to its intersection with an Florida, Louisiana, and Texas have the parish. unnumbered road; then west 2.25 miles along established that a honey bee tracheal Texas the unnumbered road to its intersection with mite infestation is widespread FM 1596; then northwesterly 5 miles along throughout the State of Florida, in the Nueces County: That portion of the county within the city limits of Corpus Christi FM 1596 to its intersection with an parishes of Iberia, Lafayette, St. Martin, bounded by a line beginning at a point where unnumbered road; then southwest 3 miles and Vermilion in Louisiana, and in the State Highway 357 (Saratoga Blvd.) intersects along the unnumbered road to its intersection county of Nuecesin, Texas, respectively. Staples Road; then northerly along Staples with Interstate Highway 37; then north along These areas remain infested at this time. Road to its intersection with State Highway said highway to the point of beginning." Officials of USDA and the State 358 (Padre Island Drive); then easterly along The areas in Bee and Live Oak agencies of Louisiana and Texas have State Highway 358 to its intersection with Airline Road; then northerly along Airline Counties in Texas has been begun eradication programs in the redesignated as regulated areas in infested areas in Louisiana and Texas Road to its intersection with Ocean Drive; then northwesterly along Ocean Drive to its § 301.92-3(c) in accordance with the and are continuing to intensively survey intersection with Morgan Avenue; then criteria for designating regulated areas areas in Louisiana and Texas for the westerly along Morgan Avenue to its discussed elsewhere in the document. honey bee tracheal mite. Further, intersection with Old Brownsville Road; then These areas have been redescribed from Louisiana and Texas have taken action southwesterly along Old Brownsville Road to the previous designation in order to to impose restrictions on the intrastate its intersection with State Highway 357; then conform more precisely the description movement of regulated articles from easterly along State Highway 357 to the point of beginning. of the boundaries in the regulated areas infested areas in order to prevent the with names of roads commonly used artificial spread of the honey bee This document also amends the and easily identifiable. Although, the tracheal mite within Louisiana and regulations by redescribing previously effect of redescribing these boundaries Texas. The State of Florida, however, designated regulated areas in Bee and is to slightly reduce the size of the has removed restrictions previously Live Oak Counties, Texas as follows: regulated area, the redesignation meets imposed on the intrastate movement of (1) The regulated area in Bee County, the regulatory criteria used in regulated articles within Florida Texas, previously described as “The portion designating an area as regulated areas because of a determination that the of Bee County within the area bounded by a in § 301.92-3(c). honey bee tracheal mite is widespread line beginning at the intersection of the Bee throughout the State. Currently, Florida County line and Farm Road 623; then easterly Miscellaneous on Farm Road 623 to the intersection of U.S. is not regulating the movement of This document retitles Subpart 92 articles within Florida to prevent the Highway 59; then westerly on U.S. Highway 59 to the intersection of the Bee County line; from “Subpart-Acarine Mite” to artificial spread of the honey bee “Subpart Honey Bee Tracheal Mite.” tracheal mite. then northerly along Bee County line to the pornt of beginning.” Is redescribed as “That and changes the name of “Acariñe Mite" Therefore, because of the existence of portion of the county bounded by a line whenever previously used in Subpart 92 these honey bee tracheal mite beginning at a point where Live Oak-Bee to “honey'bee tracheal mite” in order to infestations and in accordance with the County line intersects Farm to Market Road use the correct common name for mite, criteria discussed above for designating 799; then north 4.25 miles along said county Acarapis woodi, in the Subpart. and entire State or a portion of a State line to its intersection with an unnumbered as regulated area, it is necessary to road; then east 4.75 miles along the Executive Order 12291 and Regulatory impose restrictions of the interstate unnumbered road to an imaginary point; then Flexibility Act movement of regulated articles from south 8.25 miles from said imaginary point along an imaginary lime parallel to the Live The emergency nature of this action anywhere in the State of Florida, and Oak-Bee County line to its intersection with makes it impracticable for the Agency to from certain areas in Louisiana and an unnumbered road; then west along the follow the procedures of Executive Texas in order to prevent the artificial unnumbered road to its intersection with the Order 12291 with respect to this interim spread interstate of honey bee tracheal Live Oak-Bee County line; then north 3.3 rule. In order to help prevent the spread mite. Also, in accordance with the miles along said county line to the point of of honey bee tracheal mite, immediate criteria discussed above, it is necessary beginning.” action is warranted to regulate the to add the States of Florida and (2) The regulated area in Live Oak County, movement of regulated articles. Louisiana to the list of quarantined Texas, previously described as “Thg portion of Live Oak County within the area bounded States in § 301.92(a) (the State of Texas This emergency situation also makes by a line beginning at the intersection of the compliance with section 603 and timely was previously quarantined). Live Oak County line and U.S. Highway 59; This document designates the compliance with section 604 of the then westerly on U.S. Highway 59 to the Regulatory Flexibility Act impracticable. following areas as regulated areas in intersection of Interstate Highway 37; then § 301.92-3(c): northwesterly along Interstate Highway 37 to Since this action may have a significant the intersection with State Highway 72; then economic impact on a substantial Florida easterly along State Highway 72 to its number of small entities, the final The entire State. intersection with Farm Road 1358; then Regulatory Impact Analysis, if required, Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations 4853 will address the issues required in then north 4.25 miles along said county Agricultural Marketing Service sections 603 and 604. line to its intersection with art unnumbered road; then east 4.75 miles 7 CFR Part 907 List of Subjects in 7 CFR Fart 301 along the unnumbered road to an Agricultural commodities, Plant imaginary point; then south 8.25 miles [Navel Orange Reg. 613, Arndt. 2] diseases, Plant pests, Plants from said imaginary point along an Navel Oranges Grown in Arizona and (Agriculture), Quarantine, imaginary line parallel to the Live Oak- Designated Part of California; Transportation, Honey bee tracheal Bee County line to its intersection with Limitation of Handling mite. ; an unnumbered road; then west along the unnumbered road to its intersection PART 301— DOMESTIC QUARANTINE a g e n c y : Agricultural Marketing Service, with the Live Oak-Bee County line; then USDA. NOTICES north 3.3 miles.along said county line to a c t i o n : Final rule. Under the circumstances referred to the point of beginning. ★ ★ * * * above, newly captioned “Subpart— s u m m a r y : Regulation 613, Amendment Honey Bee Tracheal Mite” quarantine Live Oak County: That portion of the 2, increases the quantity of fresh and regulations (7 CFR 301.92 through county bounded by a line beginning at a oranges that may be shipped during the 301.92-9) are amended as follows: point where Interstate Highway 37 period January 25-31,1985. Such action intersects Farm to Market Road (FM) is needed to provide for orderly §301.92-301.92-9 [Amended] 1358; then east 6.75 miles along FM 1358 marketing of fresh navel oranges for the 1. In Part 301, the title “Subpart— to its intersection with an unnumbered period specified due to the marketing Acariñe Mite” is recaptioned as road in the Settlement of Karon; then situation confronting the orange “Subpart—Honey Bee Tracheal Mite”, east 1.25 miles along the unnumbered industry. The Navel Orange and any references in §§ 301.92—301.92- road to the Live Oak-Bee County line; Administrative Committee, at a meeting 9 to “Acariñe mite” are changed to then south 7.75 miles along said county on January 22,1985, recommended a “honey bee tracheal mite.” line to its intersection with an quantity of oranges that may be shipped §301.92 [Amended] unnumbered road; then west 2.25 miles during the period February 1-7,1985. At along the unnumbered road to its a meeting on January 29, the committee 2. In § 301.92(a) the States of “Florida” intersection with FM 1596; then recommended an amendment to and “Louisiana” are added in northwesterly 5 miles along FM 1596 to increase the quantity previously alphabetical order to the list of its intersection with an unnumbered recommended for the February 1-7, quarantined States. road; then southwest 3 miles along the 1985, period. Based on available supply §301.92-3 [Amended] unnumbered road to its intersection with and demand information and a USDA 3. In § 301.92-3(c), previously Interstate Highway 37; then north along estimate that the 1984-85 season designated regulated areas in Bee and said highway to the point of beginning. average fresh equivalent on-tree returns *- * * ' * * Live Oak Counties in Texas are to producers for such oranges will be redescribed, and the following areas in Nueces County: That portion of the substantially above parity, it is the Florida, Louisiana, and Texas are added county within the city limits of Corpus decision of the Agricultural Marketing in alphabetical order to the list of Christi bounded by a line beginning at a Service not to approve any prorate regulated areas as follows: point where State Highway 357 regulation for the week ending February * * * * * * (Saratoga Blvd.) intersects Staples Road; 7,1985, nor thereafter until further (c) The areas described below are then northerly along Staples Road to its notice. designated as regulated areas: intersection with State Highway 358 OATES: Amended Regulation 613 (Padre Island Drive); then easterly along (§ 907.913) is effective for the period Florida State Highway 358 to its intersection January 25-31,1985. The entire State. with Airline Road; then northerly along FOR FURTHER INFORMATION CONTACT: Airline Road to its intersection with William J. Doyle, 202-447-5975. Louisiana Ocean Drive; then northwesterly along SUPPLEMENTARY INFORMATION: Iberia Parish: That portion of the Ocean Drive to its intersection with parish lying west of the west shoreline Morgan Avenue; then westerly along Findings of Lake Fáusse Pointe except Marsh Morgan Avenue to its intersection with Island. - Old Brownsville Road; then This rule has been reviewed under Lafayette Parish: Those portions of T. southwesterly along Old Brownsville USDA procedures and Executive Order 11 and 12 S., R. 5 E., and the E. Va of T. Road to its intersection with State 12291 and has been designated a “non­ 11S., R. 4 E. lying in the parish. Highway 357; then easterly along State major” rule. William T. Manley, Deputy St. Martin Parish: That portion of the Highway 357 to the point of beginning. Administrator, Agricultural Marketing parish lying south of the north line of T. * * * * ★ Service, has certified that this action 11S. and west of Highway 31. will not have a significant economic Authority: Secs. 105 and 106, 71 Stat. 32 and impact on a substantial number of small Vermilion Parish: T. 13 S., R. 4 E.; 33 (7 IXS.C. 150dd, 150ee); 7 CFR 2.17, 2.51, those portions of T. 11,12, and 13 S., R. 5 and 371.2(c). entities. This amendment is issued under the E* lying in the parish; E. Va of T, 12 S., R. Done at Washington, D.C., this 28th day of 4 E.; and that portion of the E. Va of T. 11 January 1985. Order No. 907, as amended (7 CFR Part S-, R. 4 E. lying in the parish. 907), regulating the handling of navel William F. Helms, Texas ;• oranges grown in Arizona and Acting Deputy Administrator, Plant designated part of California. The order Bee County: That portion of the Protection and Quarantine, Animal and Plant is effective under the Agricultural county bounded by a line beginning at a Health Inspection Service. . Marketing Agreement Act of 1937, as Point where Live Oak-Bee County line [FR Doc. 85-2702 Filed 2-1-85; 8:45 am] amended (7 U.S.C. 601-674). This action intersects Farm to Market Road 799; BILLING CODE 3410-34-M is based upon the recommendation and 4854 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations

information submitted by the Navel Dated: January 31,1885. to the 1984-85 fiscal period, as was Orange Administrative Committee and Thomas R. Clark, indicated in the notice. upon other available information. It is Deputy Director, Fruit and Vegetable The final rule is issued under the hereby found that this action will tend Division, Agricultural Marketing Service. marketing agreement and Order No. 920 ' to effectuate the declared policy of the [FR Doc. 85-2850 Filed 1-31-85; 1:43 pmj (7 CFR Part 920: 49 FR 39657), regulating act by establishing and maintaining, in BILLING CODE 3410-02-M the handling of kiwifruit grown in the interests of producers and California. The agreement and order are consumers, an orderly flow of oranges to effective under the Agricultural market, and avoiding unreasonable 7 CFR Part 920 Marketing Agreement Act of 1937, as amended (7 U.S.C 601-674) (hereinafter fluctuations in supplies and prices for Kiwifruit Grown in California; the week ending January 31,1985; This referred to as the “act”). The rule is Reporting, Pack, Container Stamping based on the recommendations of the action is not for the purpose of and Inspection Requirements; and maintaining prices to farmers above the Kiwifruit Administrative Committee Expenses and Assessment for the (hereinafter referred to as the level which is declared to be the policy 1984-85 Fiscal Period of Congress under the act. “committee”), the comments received and other available information. It is This action is consistent with the agency: Agricultural Marketing Service. hereby found that this action will tend marketing policy for 1984-85. The ACTION: Final rule. to effectuate the declared policy of the marketing policy was recommended by act. the committee following discussion at a s u m m a r y : The final rule establishes reporting, inspection, container At its October 12,1984, meeting, thé public meeting on September 25,1984. committee noted that for the past two The committee met again publicly on stamping, pack and exempt outlet requirements pursuant to the marketing years, inspection and grading have been January 29,1985, at Los Angeles, order for kiwifruit grown in California. on a voluntary basis and concluded that California, to consider the current and Expenses and assessments for the buyer confidence in California kiwifruit prospective conditions of supply and Kiwifruit Administrative Committee for is low because some uninspected fruit demand and recommended a quantity of the 1984-85 fiscal period are also has been sold which did not meet the navel oranges deemed advisable to be established. The rule is designed to specified U.S. Grade. The committee handled during the specified week. The implement the newly established indicated that buyer confidence is committee reports that the demand for kiwifruit marketing order for the benefit necessary for selling the increasing navel oranges is good. of producers and consumers. supplies of California kiwifruit This is especially necessary given the increased It is further found that it is. EFFECTIVE DATE: February 7,1985. level of competition of kiwifruit in world impracticable and contrary to the public Sections 920.201 and 920.301 terminate markets. Thus, to develop such buyer interest to give preliminary notice, on August 1,1985. confidence the committee recommended engage in public rulemaking, and FOR FURTHER INFORMATION CONTACT postpone the effective date until 30 days the following requirements for the 1984 William J. Doyle, Chief, Fruit Branch, crop: (1) Mandatory inspection within 14 after publication in the Federal Register F&V, AMS, USD A, Washington, D.C, (5 U.S.C. 553), because of insufficient days of the date of shipment; (2) grade 20250, telephone 202-447-5975. and lot stamping on each container, and time between the date when information SUPPLEMENTARY INFORMATION: This (3) pack specifications for kiwifruit became available upon which this final rule has been reviewed under shipped in flats. amendment is based and the effective Secretary’s Memorandum 1512-1 and As authorized in § 920.55, the proposal date necessary to effectuate the Executive Order 12291, and has been was to' add § 920.301 to specify that for declared policy of the a ct It is designated a “non-major” rule. William the period ending July 31,1985, handlers necessary to effectuate the declared T. Manley, Acting Administrator, would be required to have all kiwifruit purposes of the act to make this Agricultural Marketing Service, has inspected by the Federal-State regulatory provision effective as certified that this action will not have a Inspection Service prior to shipment. For specified, and handlers have been significant economic impact on a kiwifruit U.S. No. 2 or better, such apprised of such provision and the substantial number of small entities. inspection should be performed within effective time. A proposed rule was published in the 14 days of shipment. However, this rule List of Subjects in 7 CFR Part 907 Federal Register on December 19,1984 waives the 14 day requirement for fruit (49 FR 49302), which contained the inspected and certified as unclassified Marketing Agreements and Orders, actions established herein. That because no purpose would be served by California, Arizona, Oranges (Navel). proposed rule provided an opportunity reinspecting such fruit. Also, the to file comments through January 3, proposal was to require that each PART 907— [AMENDED] 1985. A notice of an extension of the container be stamped with a lot stamp period for filing comments to January 10, and a grade stamp. The lot stamp would Section 907.913 Navel Orange 1985 was published in the Federal be supplied by the Inspection Service to Regulation 613 paragraphs (a) through Register on January 7,1985 (50 FR 835). signify that the kiwifruit had been (d) are hereby revised to read: Comments were submitted by the inspected. The grade stamp would show § 907,913 Navel Orange Regulation 613. Kiwifruit Administrative Committee, the grade as certified by the Inspection Foothill Farms, Gordon W. Heidt, Service. The applicable grades would be (a) District 1 :1,600,000 cartons; Edward G. Cheak, and Richard M. U.S. Fancy, U.S. No. 1, and No. 2 as (b) D istrict 2: Unlimited cartons: Peekema. One grower submitted a specified in the U.S. Standards for (c) District 3: Unlimited cartons; request to extend the comment filing Grades of Kiwifruit. Fruit that did not (d) District 4: Unlimited cartons. period an additional 30 days. That meet one of those standards would be request was denied because another labeled “unclassified”. The tommittee (Secs. 1-19,48 Stat. 31, as amended; 7 U.S.C. extension of time would not be recommended in its comment that 601-674) appropriate if any final rule is to apply § 920.301 should be changed from that Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations 4855 proposed to provide that the grade and waiver provision is designed to relieve likely to be incurred by the committee lot identification stamp be applied to the burden on small handlers, primarily for its maintenance and functioning. either the flat or the master container in those in remote areas. However, all Section 920.41 provides that the funds to accordance with normal Federal-State shipments made under such waivers, cover such expenses shall be defrayed Inspection Service procedures. That is, should comply with all regulations in by levying assessments on handlers of in order to minimize the burden on effect. kiwifruit. Thus, for the period October handlers and the Inspection Service, the As authorized § 920.54, § 920.110(b) 12.1984, through July 31,1985, expenses grade stamp would not be applied to would exempt sales of certain fruit from of $184,500 should be established. That individual flats when they were packed inspection and other marketing order amount includes $93,500 for inspection in master containers. Also, the lot stamp requirements for minimum quantity services pursuant to § 920.55(c), and would be applied by, or under direction sales on the farm, at certified farmers $91,000 for the administrative costs. of the Inspection Service to an markets, or at retail stands. In response These expenses would be covered by appropriate number of flats or master to a comment filed by Richard M. assessments on handlers of $0.0275 per containers, to achieve positive lot Peekema that flea markets were not container for inspection plus an identification, not necessarily every included under the exemption, the final additional pro rata amount according to container as proposed. rule specifically defines retail stand to the weight of kiwifruit in the container. Comments filed by Foothill Farms, include flea markets and any other The committee recommended this Richard M. Peekema, Gordon W. Heidt outlets approved by the committee. Such assessment schedule as a means to and Edward G. Cheak opposed the handling of kiwifruit exempted under collect funds in a manner that would establishment of the inspection and § 920.110(b) would be for home use, not minimize the burden on handlers to other regulatory requirements for 1984 for resale. This exemption allows for the compute such total assessments. crop kiwifruit either because the quality sale of additional quantities of fruit and In its comment the committee noted requirements were too lenient, or should not materially affect the primary that it did not intend that a master because it would be unfair, commercial markets for kiwifruit. container of flats replace the flat for discriminatory or otherwise illegal to The comment filed by Foothill Farms purposes of assessment and inspection. regulate only part of the 1984 crop. said that this exemption would only Thus, § 920.201 has been changed from These commentors maintained that it result in cheating, game playing and the proposal to provide that the has not been shown that there exists a other forms of getting around the rule. assessment for a master container of marketing problem requiring regulation. However, experience in other orders flats shall be computed by multiplying However, such implementation at this indicates that such exemption can be the assessment rate for flats ($0.0545) by time is consistent with the approved enforced so as to minimize possible the number of flats. Such a change committee marketing policy and the abuses. Thus, the benefits of the assures a equitable basis for conclusions drawn from the February exemption prescribed in § 920.110(b) assessment. 1984 order promulgation hearing. outweigh the risk of order violation, and The comments submitted by Foothill Specifically, the record indicates that that paragraph should be established as some fruit inspected and certified at provided herein. Farms and Richard M. Peekema both time of packing as U.S. No. 1 or No. 2 As authorized in § 920.60, § 920.160 stated that any assessment should not may not be shipped for several months would require handlers to submit to the apply on a retroactive basis to October and may deteriorate in quality during committee within five days after the 12.1984, the effective date of the order. storage or subsequent handling. Thus, month of shipment, a handler report of They said such an action would violate buyers receive fruit which does not meet shipment and inventory data. In Federal law and the Constitution. The the specified standards, and growers’ addition, handlers would be required to order authorizes the collection of returns may not even cover harvesting report the beginning inventory data no assessments for committee expenses and packing costs, especially when the later than five days after all fruit is which the Secretary finds are fruit is shipped on a consignment basis. packed. These reports are currently reasonable and likely to be incurred by Taken together, these practices seem to required of all handlers by the the committee during a fiscal period. undermine trade confidence. Thus, California Kiwifruit Commission. Thus, Thus, there is authority for such consumers and growers will benefit by handlers already have the necessary collection from October 12,1984. prompt implementation of initial rules data required and any burden of this Nevertheless, to exercise such authority and regulations. requirement would be insignificant. in the current fiscal period could place Section 920.301 would also require These reports are necessary for an excessive administrative burden on that kiwifruit shipped in flats compliance and statistical purposes, and the committee and handlers since it (containers with six to ten pounds of may supply additional information on might be difficult to compute such kiwifruit) meet the pack requirements of which to base future marketing policies. assessments in the absence of the U.S. Standards with a modified In his comment, Richard M. Peekema inspection and reporting requirements. tolerance for size variation to bring the stated that such reporting and Thus, assessments should be collected pack requirement into conformity with recordkeeping requirements would in the current fiscal period beginning on current industry practices. The pack impose a significant burden on small the effective date of the rules and requirements pertain to the size and size growers who would for the first time be regulations established herein. uniformity of kiwifruit packed in flats regulated as handlers since they sold After considering all the comments and are necessary to build buyer their own fruit. As previously discussed received, along with information and the confidence in California kiwifruit. with respect to exemptions, however, recommendations submitted earlier by As authorized in § 920.55(a), such handlers would be exempted from the committee it is found that upon good 5 920.110(a) would exempt handlers the requirements of § § 920.60 and cause shown it is impracticable, trom inspection and certification 920.160 when they sold fruit in the unnecessary, and contrary to the public requirements if the Inspection Service exempt outlets specified in § 920.110(b). interest to postpone the effective date of determined that it was not practicable to Section 920.40 authorizes the this final rule until 30 days after Provide inspection at the time and place committee to incur such expenses as the publication in the Federal Register (5 designated by the handler. Such a Secretary finds are reasonable and U.S.C. 553) because interested persons 4856 Federal Register / Vol, 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations

were given an opportunity to submit (3) The Federal-State Inspection § 920.201 Expenses and assessments. information and views on the Service furnishes the handler with the Expenses of $184,500 by the Kiwifruit requirements specified in this rule at waiver number which shall cover the Administrative Committee are open meetings at which the committee kiwifruit on which inspection is authorized for the period October 12, recommended issuance of such requested. 1984, through July 31,1985. The requirements to become effective as (4) When instructed to do so, the assessment for kiwifruit handled soon as possible. California kiwifruit handler plainly and conspicuously (shipped) beginning February 7,1985 handlers have been apprised of die final marks the end of each container with through July 31,1985, shall be $0.0275 rule’s provisions; and shipment of these the letter "W ” and the'Waiver number per container for inspection, plus the fruits is currently in progress. This rule assigned by the Federal-State Inspection following amount as applicable: (1) Flats is intended to improve the orderly Service. The letter “W” and the number (6-10 pounds of kiwifruit), $0.0270; (2) marketing of California kiwifruit. The shall not be less than one-half inch in containers (11-35 pounds) which are provisions in the final rule, are with height. either volume fill or master containers of minor exceptions, the same as those in a (b) Minimum quantities. bags, $0.0776; or (3) bulk containers with proposed rule published in the Federal „ 36 or more pounds, $0.00337 per pound: Register, for which a 22-day comment Notwithstanding any other provision of this section, kiwifruit may be handled P rovided, That the assessment for a period was provided. master container of flats shall be * • In accordance with the Paperwork without regard to the provision of §§ 92&41, 920.52, 920.55 and 920.60 computed by multipying $0.0545 by the Reduction Act of 1980 (44 U.S.C. 3507), number of flats contained in the master under the following conditions: the reporting or recordkeeping container. provisions included in this final rule are (1) Such kiwifruit are for home use being submitted for approval to the and not for resale. 4. Section 920.301 is added to read as Office of Management and Budget (2) The net weight of such kiwifruit follows: (OMB). They will not be effective until sold to any one person during any one § 920.301 Inspection, pack and container OMB approval has been obtained. day does not exceed 200 pounds. regulations. List of Subjects in 7 CFR Part 920 (3) Such kiwifruit are handled by the (a) On and after February 7,1985 person who produced them and, the through July 31,1985, no handler shall Marketing Agreements and Orders, handling takes place: (1) On the handle (ship) kiwifruit unless prior to Kiwifruit, California. premises where grown, (ii) at a packing handling such kiwifruit meet the PART 020— [AMENDED] house, or retail stand (roadside stand, following requirements (as applicable): flea market or any other outlet approved (1) Each lot of kiwifruit shall be Therefore, 7 CFR Part 920 is amended by the committee) which is operated by inspected by the Federal or Federal- by adding Subpart-Rules and said handler, or (iii) at a Certified State Inspection Service: Provided, That Regulations to include §§ 920.110, Farmers Market. all kiwifruit which meets the 920.160, 920.201 and 920.301 as follows requirements of U.S. Fancy, U.S. No. 1 or (§§ 920.201 and 920.301 terminate on 2. Section 920.160 is added to read as U.S. No, 2 grades and is so stamped on August 1,1985, and will not be follows: each container or master container published in the Code of Regulations): §920.160 Reports. pursuant to paragraph'(a)(2) of this 1. Section 920.110 is added to read as section, shall be inspected and certified follows: (a) When requested by the Kiwifruit as meeting such requirements within 14 Administrative Committee, each shipper days of shipment. § 920.110 Exemptions. who ships kiwifruit shall furnish a report (2) The containers or master (a) W aivers. A handler may handle of shipment and inventory data to the containers of kiwifruit shall be plainly kiwifruit without inspection and committee no later than the fifth day of stamped in accordance with normal certification, as prescribed under the following month of such shipment, or Federal-State Inspection Service § 920.55, if all shipments made under such other later time established by the procedures, prior to shipment, with a such waivers comply with all committee. That report shall show: (1) Federal-State Inspection Service lot regulations in effect, and all the The reporting month; (2) the name and identification stamp number, assigned following conditions are met: other identification of the shipper; (3) by such Service, showing that such (1) The handler requests the Federal- the number of containers by type and kiwifruit have been inspected in State Inspr.ction Service to provide weight by shipment destination accordance with § 920.55. In addition, inspection diming its regular working category; (4) inventory at the end of the each container or master container shall hours at least 4 hours in advance of the reporting month by container, and with be stamped with the grade time when inspection is needed. The respect to flats, the size of the kiwifruit; classification, determined pursuant to request need not be in writing but it (5) the amount of kiwifruit lost in paragraph (a)(1) of this section, as shall be confirmed immediately in repack; and (6) the amount of fruit set follows: U.S. Fancy, U.S. No. 1, U.S. No. wr iting by the inspection service. aside for processing. 2, or, for kiwifruit which does not meet (2) The Federal-State Inspection (b) Beginning inventory data. Each any of those grades, unclassified. Service advises the handler that it is not handler shall file with the committee no (3) All kiwifruit shipped in flats shall practicable to provide inspection at the later than five days after all fruit is meet the standard pack requirements timé and place designated by the packed, or such other later time as the contained in § 51.2338 of the U.S. handler. This advice may be verbal but committee may establish, the handler’s Standards for Grades of Kiwifruit: it shall be confirmed in writing by the beginning inventory by container and P rovided, That fairly uniform in size Federal-State Inspection Service. A with respect to flats, the sizes of the shall mean the diameter of fruit in confirmed copy thereof shall be kiwifruit packed in such flats. containers numerically marked to forwarded by the inspection service to denote size may not vary more than V% the office of the Kiwifruit Administrative 3. Section 920.201 is added to read as inch (12.7 mm) in size 30 and larger; not Committee. follows: more than % inch (9.5 mm) in sizes 31 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations 4857 thru 38; and not more than V* inch (6.4 FOR FURTHER INFORMATION CONTACT: lateral cyclic flight control systems, mm) in size 39 and smaller. Not more Tyrone D. Millard, Helicopter certificated in all categories. than five percent by count of the fruit in Certification Branch, ASW-170, Aircraft (Airworthiness Docket No. 83-ASW-47). Compliance is required within thè next 100 any container may be outside the Certification Division, Southwest hours’ time in service after the effective date diameter range specified for the Region, Federal Aviation of this AD. respective size. Administration, P.O. Box 1689, Fort To prevent critical flight control failure in (b) As used herein, “U.S. Fancy”, Worth Texas 76101, telephone number the main rotor system, accomplish the “U.S. No. 1” and “U.S. No. 2” mean the (817) 877-2594. following: same as defined in the United States SUPPLEMENTARY INFORMATION: A (a) Inspect for and remove any incorrect Standards for Grades of Kiwifruit (7 proposal to amend Part 39 of the Federal AN/NAS standard bolts installed between CFR 51.2335—51.2340). “Flat” means a Aviation Regulations to include an hydraulic servo and swashplate control plate, Part Number (P/N) 47-150-184-7, which are container holding kiwifruit which weigh airworthiness directive requiring in the aggregate six to ten pounds. not listed in the applicable and current replacement of any incorrect AN/NAS illustrated parts breakdown manual. For (Secs. 1-19,48 Stat. 31, as amended; 7 standard bolts, installed in certain flight removal of incorrect AN/NAS standard bolts, U.SjC. 601-674) control applications, with the required utilize the applicable maintenance and Dated: January 30,1985 to become effective Bell Helicopter Textron, Inc. (BHTI), overhaul instructions. February 7,1985. Sections 920.201 and 920.301 standard bolts on all Bell Model 47 (b) Install, torque, and safety, required Bell terminate on August 1,1985. helicopters equipped with 37-foot Helicopter Textron, Inc., standard bolts, Thomas R. Clark, diameter main rotor systems and utilizing applicable and current maintenance Deputy Director, Fruit and Vegetable hydraulic boost in longitudinal and and overhaul instructions and illustrated Division. lateral cyclic flight control systems, was parts breakdown manual. (c) Inspect flight control system for safety [FR Doc. 85-2829 Filed 1-31-85; 8:45 am] published in the Federal Register on and security. BILLING CODE 3410-02-M February 28,1984. (d) Any equivalent method of compliance The proposal was prompted by two with this AD must be approved by the failures of AN standard bolts installed Manager, Helicopter Certification Branch, DEPARTMENT OF TRANSPORTATION in flight control applications where Federal Aviation Administration, 4400 Blue BHTI standard bolts are used. Incorrect Mound Road, Fort Worth, Texas 76106. Federal Aviation Administration AN/NAS standard bolts which are (e) Special flight permits may be issued in installed in flight control application accordance with FAR § § 21.197 and 21.199 to 14 CFR Part 39 could fall resulting in inoperative flight fly the aircraft to a base where the [Docket No. 83-ASW-47; Arndt. 39-4988} controls. requirements of this AD may be Interested persons have been afforded accomplished. Airworthiness Directives; Bell an opportunity to participate in the (Bell Helicopter Alert Service Bulletin No. 47- 83-8 pertains to this subject) Helicopter Textron, inc., Model 47 making, of this amendment. No Helicopters comments were received. Accordingly, (Secs. 313(a), 601, and 603, Federal Aviation Act of1958, as amended (49 U.S.C. 1354(a), AGENCY: Federal Aviation the proposal is adopted without change. 1421, and 1423); 49 U.S.C. 106(g) (Revised, The FAA has determined that this Administration (FAA), DOT. Pub. L. 97-449, January 12,1983); and 14 CFR regulation only involves 850 aircraft at action: 11.89) Final rule. an approximate cost of $95 per aircraft. This amendment becomes effective summary: Therefore, I certify that this action: (1) Is This amendment adopts a February 6,1985. new airworthiness directive (AD) which not a "major rule” under Executive requires replacement of any incorrect Order 12291; (2) is not a “significant Issued in Fort Worth, Texas, on January 17, AN/NAS standard bolts, installed in rule’’ under DOT Regulatory Policies 1985. certain, flight control applications, with and Procedures (44 FR 11034; February C.R. Meliegin Jr., the required Bell Helicopter Textron, 26,1979); (3) does not warrant Director, Southwest Region. Inc., standard bolts on all Bell Model 47 preparation of a regulatory evaluation [FR Doc. 85-2739 Filed 2-1-85; 8:45 am) helicopters equipped with 37-foot as the anticipated impact is so minimal; BILUNG CODE 4910-13-M diameter main rotor systems and and (4) will not have a significant hydraulic boost in longitudinal and economic impact on a substantial lateral cyclic flight control systems. The number of small entities under the 14 CFR Part 71 AD is needed to prevent failure of the criteria of the Regulatory Flexibility Act. [Airspace Docket No. 84-ACE-11] incorrect AN/NAS standard bolts which List of Subjects in 14 CFR Part 39 could cause the loss of a helicopter as a result of inoperative flight controls. Air transportation, Aircraft, Aviation Alteration of Transition Area; Lawrence, KS DATES: Effective February 6,1985. safety, Safety. Compliance schedule—As prescribed in Adoption of the Amendment a g e n c y : Federal Aviation body of AD. Accordingly, pursuant to the authority Administration (FAA), DOT. add resses: The applicable alert service delegated to me by the Administrator, ACTION: Final rule. bulletin may be obtained from Bell § 39.13 of Part 39 of the Federal Aviation s u m m a r y : Helicopter Textron, Inc., P.O. Box 482, Regulations (14 CFR 39.13) is amended The nature of this Federal Fort Worth, Texas 76101. by adding the following new action is to alter the 700-foot transition A copy of the alert service bulletin is airworthiness directive: area at Lawrence, Kansas, to provide contained in the Rules Docket located at additional controlled airspace for the Office of the Regional Counsel, Bell Helicopter Textron, Inc.; Applies to aircraft executing a new instrument Model 47G—2A, G—2A—1, G—3, G—3B, G— Southwest Region, Federal Aviation 3B—1, G—3B—2, G-3B-2A G—4, G—4A, G—5, approach procedure to the Lawrence Administration, Room 158, Building 3B, G-5A, J, J-2, J-2A, and Khelicopters with Municipal Airport, Lawrence, Kansas, 4400 Blue Mound Road, Fort Worth 37-foot diameter main rotor systems and utilizing the Topeka, Kansas VORTAC Texas 76106. hydraulic boost in longitudinal and as a navigational aid. The intended 4858 1[!—I Voi« 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations

effect of this action is to ensure substantial number of small entities FOR FURTHER INFORMATION CONTACT: segregation of aircraft using the new under the criteria of the Regulatory Robert L. Miller, Office of Management approach procedure under Instrument Flexibility Act. and Operations (HFA-340), Food and Flight Rules (IFR) and other aircraft List of Subjects in 14 CFR Part 71 Drug Administration, 5600 Fishers Lane, operating under Visual Flight Rules Rockville, MD 20857, 301-443-4976. (VFR). Aviation safety, Transition areas. SUPPLEMENTARY INFORMATION: EFFECTIVE DATE: April 11,1985. The Adoption of the Amendment reorganization of November 15,1984 (49 FOR FURTHER INFORMATION CONTACT: Accordingly, pursuant to the authority FR 45260), merged the Executive Dale L. Camine, Airspace Specialist, Director of Regional Operations (EDR0) Operations, Procedures and Airspace delegated to me, § 71.181 of Part 71 of the Federal Aviation Regulations (14 into the Office of Regulatory Affairs Branch, Air Traffic Division, ACE-540, (ORA). FAA, Central Region, 601 East 12th CFR Part 71) is amended, by altering the This document revises § 5.22 Street, Kansas City, Missouri 64106, following transition area: Certification o f true copies and use of Telephone (816) 374-3408. Lawrence, KS D epartm ent s e a l (21 CFR 5.22); § 5.23 SUPPLEMENTARY INFORMATION: To That airspace extending upward from 700 Disclosure o f official records (21 CFR enhance airport usage, an additional feet above the surface within a 5-mile radius . 5.23); § 525 Research, investigation, and instrument approach procedure is being of the Lawrence Municipal Airport (latitude 39°00'41* N; longitude 95°12'56" W); within 2 testing programs and health information developed for the Lawrence, Kansas, and health promotion programs (21 CFR Municipal Airport utilizing the Topeka, miles each side of the Topeka, Kansas VORTAC 116° radial, extending from the 5- 5.25); and § 5.26 Service fellowships (21 Kansas, VORTAC as a navigational aid. mile radius area to 13 miles SE of the CFR 5.26). This document also deletes The establishment of this new VORTAC; and within 3 miles each side of the references to EDRO officials, adds ORA instrument approach procedure based 318° bearing from Lawrence Municipal officials to the delegations where on this approach aid entails alteration of Airport, extending from the 5-mile radius to 8 appropriate, and otherwise corrects the transition area at Lawrence, Kansas, miles NW of the airport, counter-clockwise titles of officials in other organizations at or above 700 feet above the ground within the 5-mile radius area to within 2 miles each side of the 145° bearing from which were changed by earlier within which aircraft are provided air reorganizations. traffic control service. The intended Lawrence Municipal Airport, extending from the 5-mile radius to 9 miles SE of the airport. Further redelegation of the authority effect of this action is to ensure delegated is not authorized. Authority segregation of aircraft using the new (Secs. 307(a) and 313(a), Federal Aviation Act of 1958 (49 U.S.C. 1348(a) and 1354(a)); 49 delegated to a position by title may be approach procedure under Instrument U.S.C. 106(g) (Revised, Pub. L. 97—449, January exercised by a person officially Flight Rules (IFR) and other aircraft 12,1983); and sec. 11.69 of the Federal designated to serve in such position in operating under Visual Flight Rules Aviation Regulations (14 CFR 11.69)) an acting capacity or on a temporary (VFR). Section 71.181 of Part 71 of the basis. Federal Aviation Regulations was This amendment becomes effective at 0901 GMT April 11,1985. republished in Handbook 7400.6 dated List of Subjects in 21 CFR Part 5 January 3,1984. Issued in Kansas City, Missouri, on January 21,1985. Authority delegations (Government Discussion of Comments Murray E. Smith, agencies), Organization and functions (Government agencies). On Pages 46155 and 46156 of the Director, Central Region. Federal Register dated November 23, [FR Doc. 85-2743 Filed 2-1-85; 8:45 am] Therefore, under the Federal Food, 1984, the FAA published a Notice of BILLING CODE 4910-13-M Drug, and Cosmetic Act (sec. 701(a), 52 Proposed Rulemaking which would Stat. 1055 (21 U.S.C. 371(a))) and under amend § 71.181 of Part 71 of the Federal authority delegated to the Commissioner Aviation Regulations so as to alter the DEPARTMENT OF HEALTH AND of Food and Drugs (21 CFR 5.10), Part 5 transition area at Lawrence, Kansas. HUMAN SERVICES is amended as follows: Interested persons were invited to participate in this rulemaking Food and Drug Administration PART 5— DELEGATIONS OF proceeding by submitting written AUTHORITY AND ORGANIZATION comments on the proposal to the FAA. 21 CFR Part 5 1. By revising § 5.22, to read as No objections were received as a result Delegations of Authority and follows: of the Notice of Proposed Rulemaking. Organization; Office of Regulatory The FAA has determined that this § 5.22 Certification of true copies and use Affairs Officials, et al. regulation only involves an established of Department seal. body of technical regulations for which AGENCY: Food and Drug Administration. (a) The following officials are frequent and routine amendments are a c t i o n : Final rule. authorized to certify true copies of or necessary to keep them operationally extracts from any books, records, current. It, therefore: (1) Is not a “major s u m m a r y : The Food and Drug papers, or other documents on file rule” under Executive Order 12291; (2) is Administration (FDA) is amending the within the Food and Drug not a "significant rule” under DOT regulations for delegations of authority Administration, to certify that copies are Regplatory Policies and Procedures (44 relating to certification of true copies tnie copies of the entire file, to certify F R 11034; February 26,1979); and (3) and use of the Department seal; the complete original record, or to does not warrant preparation of a disclosure of official records; research, certify the nonexistence of records on regulatory evaluation as the anticipated investigation, and testing programs and file within the Food and Drug impact is so minimal. Since this is a health promotion programs;1'and service Administration, and to cause the seal of routine matter that will only affect air fellowships. Titles of officials delegated the Department to be affixed to such traffic procedures and air navigation, it the authorities above are being updated certifications: is certified that this rule will not have a where appropriate. (1) The Associate and Deputy significant economic impact on a EFFECTIVE DATE: February 4,1985. Associate Commissioners. Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations 4859

(2) The Director, Executive (iv) The Director, Division of 4. By revising § 5.26(g), to read as Secretariat Compliance Operations, Office of follows: (3) The Executive Officer, Office of Compliance, CDRH. § 5.26 Service fellowships. the Commissioner. (10) (i) The Director and Deputy * 4f . i t * ♦ (4) {i) The Director and Deputy Director, Center for Veterinary Medicine Director, Office of Enforcement, Office (CVM). (g) The Director, Office of Regulatory of Regulatory Affairs (ORA). (11) The Director and Deputy Director, Resource Management, Office of (ii) The Director and Deputy Director, Office of Management, CVM. Regulatory Affairs. Office of Regional Operations, ORA. (iii) The Director and Deputy Director, Effective date. This regulation shall (iii) The Director, Office of Regulatory Office of Surveillance and Compliance, become effective February 4,1985. Resource Management, ORA. CVM. (iv) The Chief, Administrative (iv) The Director and Deputy Director, (Sec. 701(a), 52 Stat.1055 (21 U.S.C. 371(a))) j Management Staff, Office of Regulatory Division of Compliance, Office of Dated: January 28,1985. Resource Management, ORA. Surveillance and Compliance, CVM. Joseph P. Hile, (5) {i) The Director, Division of (ll)(i) The Director and Deputy Associate Commissioner for Regulatory t Management Systems and Policy, Office Director, National Center for A ffairs. of Management and Operations (OMO). Toxicological Research (NCTR). [FR Doc. 85-2735 Filed 2-1-85;. 8:45 am] (ii) The Chief, Dockets Management (11) The Director, Office of BULLING CODE 41S0-01-M Branch, Division of Management Management, NCTR. Systems and Policy, OMO. (12) (i) Regional Food and Drug (6) Thè Director, Freedom of Directors. 21 CFR Part 178 Information Staff, Office of Legislation (ii) District Directors. [Docket No. 84F-0011] and Information, * (iii) Chiefs of Station Offices. (7) (i) The Director and Deputy (iv) The Director, Winchester Director, Center for Drugs and Biologies Indirect Food Additives: Adjuvants, Engineering and Analytical Center. (CDB). Production Aids, And Sanitizers (v) The Director, Minneapolis Center (ii) The Director, Office of for Microbiological Investigations. AGENCY: Food and Drug Administration. Management, CDB. (vi) The Director, New York (iii) The Director and Deputy Director. ACTION: Final rule. Laboratory Division, Region II. Office of Consumer and Professional Affairs, CDB. (vii) The Director, Science Division, s u m m a r y : The Food and Drug Region IV. (iv) The Chief, Freedom of Information Administration (FDA) is amending the Branch, the Chief, Biologies Information (b) The following officials are food additive regulations to provide for Section, and Freedom of Information authorized to cause the seal of the the safe use of tetrakis[methylene(3,5-di- Officers, Office of Consumer and Department to be affixed to agreements, teri-butyl-4-hydroxyhydrocinnamate)]- Professional Affairs, CDB. awards, citations, diplomas, and similar methane as an antioxidant/stabilizer in (v) The Directors and Deputy documents: ethylene-vinyl acetate copolymers used Directors of the Offices of Drug (1) The Associate and Deputy in contact with alcoholic foods. This Research and Review, Biologies Associate Commissioners. action responds to a petition filed by Research and Review, Drug Standards, (2) The Director, Division of Human Ciba-Geigy Corp. Epidemiology and Biostatistics, and Resources Management, Office of OATES: Effective February 4 ,1985; Compliance, CDB. Management and Operations. objections by March 6,1985. (vi) The Directors of the Divisions of (c) The Chief, Regulations Editorial a d d r e s s : Written objections to the Drug Quality Staff and his/her alternates, Division of Evaluation, Drug Labeling Dockets Management Branch (HFA- Compliance, and Regulations Policy, Office of Drug Quality 305), Food and Drug Administration, Rm. Compliance, Office of Compliance, CDB. Enforcement, ORA, are authorized to certify true copies of Federal Register 4-62, 5600 Fishers Lane, Rockville, MD (8) (i) The Director and Deputy 20857. Director, Center for Food Safety and documents. FOR FURTHER INFORMATION CONTACT: Applied Nutrition (CFSAN). 2. By revising § 5.23(a) (4) and (5), to (ii) The Director, Office of read as follows: Michael E. Kashtock, Center for Food Management, CFSAN. Safety and Applied Nutrition (HFF-334), (iii) The Director, Office of § 5.23 Disclosure of official records. Food and Drug Administration, 200 C S t Compliance, CFSAN. (a) * V * SW., Washington, DC 20204, (iv) The Director, Division of {4) The Chief, Dockets Management 202-472-5690. Regulatory Guidance, and the Director, Branch, Division of Management SUPPLEMENTARY INFORMATION: In a Division of Cooperative Programs, Systems and Policy, Office of notice published in the Federal Register Office of Compliance, CFSAN. Management and Operations. of June 21,1984 (49 FR 25520), FDA (v) The Director, Division of Food (5) Program officials at all announced that a food additive petition Technology, Office of Nutrition and organizational levels down to and (FAP 4B3764) had been filed by Ciba- Pood Sciences, CFSAN. including branch level for all Geigy Corp., Hawthorne, NY 10532, (9)(i) The Director and Deputy Headquarters organizations. proposing that § 178.2010 Antioxidants Director, Center for Devices and ★ ★ * a h and/or stabilizers for polymers (21 CFR Radiological Health (CDRH). 178.2010} be amended to provide for the (ii) The Director and Deputy Directe § 5.25 [Amended] safe use of tetrakis[methylene(3,5-di- wice of Management and Systems, 3. By removing paragraph (a)(6) of terf-butyl-4- CDRH. § 5.25 Research, investigation, and hydroxyhydrocinnamate)]methane as an N The Director and Deputy Director testing programs and health information antioxfdant/stabilizer m ethylene-vinyl Office of Compliance, CDRH. a n d h ealth prom otion program s. acetate copolymers that comply with 21 4860 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations

CFR 177.1350 and that are used in Management Branch (address above) shall be separately numbered and each , articles contacting alcoholic foods. between 9 a.m. and 4 p.m., Monday numbered objection shall specify with ’ FDA has evaluated the data in the through Friday. particularity the provision of the petition and other relevant material and regulation to which objection is made. List of Subjects in 21 CFR Part 178 concludes that the proposed food Each numbered objection on which a additive use is safe, and that the Food additives; Food packaging. hearing is requested shall specifically so regulations should be amended as set Therefore, under the Federal Food, state; failure to request a hearing for any forth below. Drug, and Cosmetic Act (secs. 201(s), particular objection shall constitute a Currently, use of the subject additive 409, 72 Stat. 1784-1788 as amended (21 waiver of the right to a hearing on that -4 in ethylene-vinyl acetate copolymers is U.S.C. 321(s), 348)) and under authority objection. Each numbered objection for restricted to articles that contact delegated to the Commissioner of Food which a hearing is requested shall nonalcoholic foods, at a maximum level and Drugs (21 CFR 5.10) and redelegated include a detailed description and of 0.5 percent by weight of the ethylene- to the Director, Center for Food Safety analysis of the specific factual vinyl acetate article. The agency has and Applied Nutrition (21 CFR 5.61), information intended to be presented in reflected this restriction by including the Part 178 is amended in § 178.2010(b) by support of the objection in the event that authorization for the use of the subject amending the entry for the substance a hearing is held; failure to include such T additive in ethylene-vinyl acetate "Tetrakis[methylene(3,5-di-£erf-butyl-4- a description and analysis for any copolymers that comply with § 177.1350 hydroxyhydrocinnamate)]-methane” by particular objection shall constitute a in entry 3 of the list of limitations on the revising entry 3 and adding a new entry waiver of the right to a hearing on the use of the additive in § 178.2010. This 10 to the list of limitations to read as objection. Three copies of all documents entry includes all of the authorizations follows: shall be submitted and shall be for use of the subject additive in identified with the docket number found polymers that contact nonalcoholic PART 178— INDIRECT FOOD in brackets in the heading on this foods. ? ; ADDITIVES: ADJUVANTS, regulation. Received objections may be The petitioner has requested that the PRODUCTION AIDS, AND SANITIZERS seen in the office above between 9 a.m. use of the subject additive in ethylene- and 4 p.m., Monday through Friday. vinyl acetate copolymers complying § 178.2010 Antioxidants and/or stabilizers Effective date: This regulation is with § 177.1350 be moved from entry 3 for polymers. ★ * * i t I t effective February 4,1985. and included in a new entry that would permit its use in such copolymers that (b) * * * (Secs. 201(s), 409, 72 Stat. 1784-1788 as contact alcoholic, as well as amended (21 U.S.C. 321(s), 348)) nonalcoholic, foods. The agency is Substances Limitations Dated: January 25,1985. modifying the existing regulation for this Richard J. Ronk, additive accordingly. It should be noted Tetrakis[methylene)3,5- For use only: * * * Acting Director, Center for Food Safety and that in accord with the data presented di-tert-butyl-4-hydroxy- 3. At levels not to exceed 0.5 hydrocinnamate)] percent by weight of the follow­ Applied Nutrition. by the petitioner, the maximum methane (CAS Reg. ing polymers when used in arti­ (FR Doc. 85-2733 Filed 2-1-85; 8:45 am] permitted use level of the additive in No. 6683-19-8). cles that contact nonalcoholic food: Polystyrene and rubber- BILLING CODE 4160-01-M ethylene-vinyl acetate articles that modified polystyrene complying contact alcoholic foods is restricted to with § 177.1640 of this chapter, 0.2 percent by weight and thus differs ethylene-acrylic acid copoly­ mers complying with DEPARTMENT OF TRANSPORTATION from the level, cited above, that is § 177.1310 of this chapter, eth- permitted for such articles that contact ylene-methacrylic acid copoly­ mers, ' ethylene-methacrylic nonalcoholic foods. acid-vinyl acetate copolymers Coast Guard In accordance with § 171,1(h) (21 CFR and their partial salts complying with § 177.1330 of this chapter; 33 CFR Parts 100 and 165 171.1(h)), the petition and the documents isobutylene polymers complying that FDA considered and relied upon in with §17-7.1420 of this chapter; reaching its decision to approve the and styrene butadiene copoly­ [CGD 85-007] mers used in compliance with petition are available for inspection at regulations in Parts 174, 175, the Center for Food Safety and Applied 176, 177, 178, and §179.45 Of Safety and Security Zones this chapter. * * * Nutrition (address above) by 10. At levels not to exceed 0.5 a g e n c y : appointment with the information percent by weight of ethylene- Coast Guard, DOT. contact person listed above. As vinyl acetate copolymers com­ ACTION: Notice of Temporary Rules plying with §177.1350 of this provided in 21 CFR 171.1(h), the agency chapter, except that when such Issued. ______will delete from the documents any polymers are used in articles that contact alcoholic food, the s u m m a r y : materials that are not available for use level shall not exceed 0.2 This document gives notice of public disclosure before making the percent by weight, and the arti­ temporary safety zones, security zones, cles may be used only under and special local regulations. documents available for inspection. conditions of use E, F, and G The agency has previously concluded described in Table 2 of Periodically the Coast Guard must issue that this action will not have a § 176.170(c) of this chapter. safety zones, security zones, and special significant impact on the human local regulations for limited periods of environment and that an environmental time in limited areas. Safety zones are impact statement is not required. FDA Any person who will be adversely established around areas where there has not received any new information or affected by the foregoing regulation may has been a marine casualty or when a comments that would alter its previous at any time on or before March 6,1985, vessel carrying a particularly hazardous determination that there is no significant submit to the Dockets Management cargo is transiting a restricted or impact on the human environment, and Branch (address above) written congested area. Security zones are that an environmental impact statement objections thereto and may make a temporarily established in response to a is not required. The evidence supporting written request for a public hearing on risk to national security present in a that finding may be seen in the Dockets the stated objections. Each objection particular area. Special local regulations Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations 4861 are issued to assure the safety of SUPPLEMENTARY INFORMATION: The local publish in the Federal Register notice of participants and spectators of regattas Captain of the Port must be immediately substantive rules adopted. To discharge and other marine events. responsive to the safety needs of the this legal obligation without imposing DATES: The following list includes safety waters within his jurisdiction; therefore, undue expense on the public, the Coast zones, security zones, and special local he has been delegated the authority to Guard publishes a periodic list of these regulations that were established issue these regulations. Since Marine temporary special local regulations, security zones, and safety zones. between October 1,1984 and December events and emergencies usually take place without advance notice or Permanent safety zones are not included 31,1984 and have since been terminated. warning, timely publication of notice in in this list. Permanent zones are Also included are several zones the Federal Register is often precluded. published in their entirety in the Federal established earlier but inadvertently However, the affected public is informed Register just as any other rulemaking. omitted from the last published list. through Local Notices to Mariners, press Temporary zones are also published in ADDRESS: The complete text of any releases, and other means. Moreover» their entirety if sufficient time is temporary regulations may be examined actual notification is frequently available to do so before they are placed at, and is» available on request from, provided by Coast Guard patrol vessels in effect or terminated. Executive Secretary, Marine Safety enforcing the restrictions imposed in the Non-major safety zones, special local Council (G-CMC), U.S. Coast Guard zone to keep the public informed of the regulations, and security zones have Headquarters, 2100 Second Street, SW., regulatory activity. Because marinei'S been exempted from review under E.O. Washington, D.C. 20593. are notified by Coast Guard officials on 12291 because of their emergency nature scene prior to enforcement action, and temporary effectiveness. FOR FURTHER INFORMATION CONTACT: Federal Register notice is not required to The following regulations were placed Mr, Bruce Novak, Deputy Executive place the special local regulations, in effect temporarily during the period Secretary, Marine Safety Council at security zone, or safety zone in effect. October 1,1984 through December 31, (202) 426-1477. / However, the Coast Guard, by law, must 1984 unless otherwise indicated:

Docket Number Location Type Date

C0TP Boston, MA, Reg. 84-14...... Salem Sound/Harbor...... 8 NOV 84 C0TP Boston, MA, Reg. 84-13...... t NOV 84 C0TP Providence, Rl, Reg. 84-02...... :...... 28 OCT 84 COTP Providence, Rl, Reg. 84-03...... Narragansett Ray...... 9 DEC 84 C0TP Memphis, TN, Reg. 84-10...... 17 OCT 84 COTP Memphis, TN, Peg. 84-11...... Mississippi River, Mile 611 0 ...... 3 NOV 84 COTP Louisville, KY, Peg. 84-11...... Ohio River, Mile 619 0 ...... 27 OCT 84 COTP Memphis, TN, Reg. 84-04...... 3 OCT 84 CCGD2 84-45...... 20 OCT 84 CCGD3 84-67...... 16 OCT 84 CCGD3 84-68...... 1? OCT 84 CCGD3 84-72...... 26 OCT 84 CCGD3 84-66...... 8 OCT 84 CCGD3 84-71..... 19 OCT 84 CCGD3 84-69..... 18 OCT 84 CCGD3 84-70___ . 18 OCT 84 CCGD3 84-66..... 8 OCT 84 CCGD3 84-78.... 13 DEC 84 CCGD3 84-75...... 5 DEC 84 CCGD3 84-75.... 19 DEC 84 COTP New London, CT, CCGD3 84-76..... 8 DEC 84 COTP Hampton Roads, VA, Reg. 84-15...... 1 NOV 84 COTP Hampton Roads. VA, Reg. 84-13 1 NOV 84 COTP Wilmington, NC, Reg. 84^06...... „...... 4 NOV 84 COTP Wilmington, NC, Reg. 84-07...... 18 NOV 84 cotp Hampton Roads. VA, Reg. ba-or 13 OCT 84 COTP Hampton Roads, VA, Reg. 84- i 4 27 OCT 84 COTP Hampton Roads. VA. Reg. 84-18 17 DEC 84 COTP Miami, FL, CCGD7 84-38...... 1 NOV 84 cofP Miami, FL CCGD7 84-37...... 16 OCT 84 COTP Miami, FL CCGD7 84-44 . Fishermans Channel, Biscayne Bay...... 1 DEC 84 COTP Jacksonville. FL Reg. 84-45...... 30 NOV 84 CCGD7 84-47 ■ ■ ■ 22 DEC 84 CCGD7 84-43... 14 DEC 84 CCGD7 84-42 14 DEC 84 CCGD7 84-36 20 DEC 84 CCGD7 84-46.. 16 DFC 84 CCG07 84-41 16 DEC 84 CoiP Mobile, AL Reg. 84-02...... 1 OCT 84 cotp New Orleans. LA Reg. 8 4 -11...... 24 JUL 84 iJili New Orleans, LA Reg. 84-13...._...... 21 APR 84 CCGD11 84-75 18 OCT 84 ^ San Diego, CA Reg. 84-08...... 11 NOV 84 CCGD11 84-82 16 NOV 84 CCGD11 84-80 6 OCT 84 C0GD11 84-68 CCGD11 84-70 6 OCT 84 ^ San Diego, CA Reg. 84-07...... 22 OCT 84 CCGD 84-91 11 17 DEC 84 ^SanFrarictoco, CA Reg. 84-05...... 18 NOV 84 WIP Honolulu, HI Reg. 84-05...... 27 NOV 84 ------. 4862 Fedeial Register / VoL 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations

Dated: January 30,1985. section 3(d)(2)(B) and section 2 may be GSA contracting activities pending a C.M. Holland, delayed by the time extension. revision to the Federal Acquisition Captain, U.S. Coast Guard, Executive It is the practice of the Department of Regulation. Secretary, Marine Safety Council. Education to provide an opportunity for DATES: Effective date: January 25,1985. [FR Doc. 85-2788 Filed 2-1-85; 8:45 amj public comment on proposed BILLING CODE 49KM4-M regulations. However, because this Expiration date: This Acquisition amendment is a procedural rule, the Circular will expire July 25,1985, Secretary has determined that unless canceled earlier or extended. DEPARTMENT OF EDUCATION publication of this document as a Comment date: Comments must be proposed rule for public comment is not 34 CFR Part 222 submitted on or before March 6,1985. required under 5 U.S.C. 553(b)(A). ADDRESS: Comments may be submitted Assistance for Local Educational (Catalog of Federal Domestic Assistance No. to Carol A. Farrell, 18th and F Sts., NW, Agencies in Areas Affected by Federal 84.041, School Assistance in Federally Room 4027, Office of GSA Acquisition Activities and Arrangements for Affected Areas—Maintenance and Policy and Regulations, Washington, Education of Children Where Local Operation.) D.C. 20405, (202) 523-3822. Educational Agencies Cannot Provide Dated: January 31,1985. FOR FURTHER INFORMATION CONTACT: Suitable Free Public Education Gary L. Jones, Frank Padula, Office of GSA Acquisition Acting Secretary o f Education. a g e n c y : Department of Education. Policy and Regulations (VP), (202) 524- The Secretary amends Part 222 of 3823. a c t i o n : Final regulations. Title 34 of the Code of Federal SUPPLEMENTARY INFORMATION: Pursuant s u m m a r y : This document establishes a Regulations as follows: to 41 U.S.C. 450(h)(1), a determination new closing date for the receipt of Part 222— ASSISTANCE FOR LOCAL has been made to waive the requirement applications for assistance for fiscal EDUCATIONAL AGENCIES IN AREAS for publication of procurement year (FY) 1985 under sections 2 and 3 of AFFECTED BY FEDERAL ACTIVITIES procedures for public comment before Pub. L. 81-874, the Impact Aid Program. AND ARRANGEMENTS FOR the regulation takes effect. The January The closing date is being extended from EDUCATION OF CHILDREN WHERE 1,1985, effective date for the change in January 31, which is in the current LOCAL EDUCATIONAL AGENCIES the dollar threshold under the Trade regulations, to March 21,1985. The new Agreements Act of 1979, creates an date will be effective for FY 1985 only. CANNOT PROVIDE SUITABLE FREE PUBLIC EDUCATION urgent and compelling circumstance The distribution of application forms which makes advance publication was delayed this year, and the Section 222.11 is amended by adding a impracticable. The Director, Office of extension is necessary to allow new paragraph (g) to read as follows: Management and Budget (OMB), by adequate time for applicant local memorandum dated December 14,1984, educational agencies to complete their § 222.11 Final date for filing applications. exempted certain agency procurement * * * * * applications. regulations from Executive Order 12291. e f f e c t iv e d a t e : Unless Congress takes (g) Notwithstanding paragraph (a) of The exemption applies to this rule. The certain adjournments, these regulations this section, the final date for filing an General Services Administration (GSA) will take effect 45 days after publication application for financial assistance for certifies that this document will not in the Federal Register. If you want to fiscal year 1985 under sections 2 and 3 have a significant economic effect on a know the effective date of these of the Act is March 21,1985. substantial number of small entities regulations, call or write the Department (20 U.S.C. 240(a)(1)) under the Regulatory Flexibility Act (5 of Education contact person. U.S.C. 601 et seq.). Therefore, no (FR Doc. 85-2882 Filed 1-31-85; 4:55 pm] FOR FURTHER INFORMATION CONTACT: regulatory flexibility analysis has been Dr. Robert Faming, Chief, School BILLING CODE 400G-01-M prepared. This circular does not contain Assistance Branch, Division of Impact information collection requirements Aid, Department of Education, 400 which require the approval of OMB GENERAL SERVICES Maryland Avenue, SW. (FOB-6, Room under 44 U.S.C. 3501 et seq. ADMINISTRATION 2059), Washington, D.C. 20202-6272. Authority: 40 U.S.C. 486(c). Telephone: (202) 245-8171. 48 CFR Ch. 5 In 48 CFR Chapter 5, the following SUPPLEMENTARY INFORMATION: This Acquisition Circular is added to amendment does not make a [Acquisition Circular AC-85-2] Appendix C at the end of the Chapter to substantive change in the regulations for Threshold for Application of Trade read as follows: the Impact Aid Program. The closing Agreements Act date of March 21,1985 will be effective January 25,1985. for FY 1985 only. Otherwise, the closing a g e n c y : Office of Acquisition Policy, General Services Administration date for applications for sections 2 and 3 GSA. Acquisition Regulation; Acquisition is January 31, contained in the current a c t i o n : Temporary regulation. Circular No. AC-85-2 program regulations (34 CFR 222.11(a)). This change in the closing date will s u m m a r y : This Acquisition Circular To: AH GSA contracting activities. not delay regular impact aid payments provides the new dollar threshold Subject: Threshold for application of Trade Agreements Act. under section 3(c)(1) of Pub. L. 81-874 required for the applicability of the for those LEAs whose applications were Trade Agreements Act of 1979 as 1. Purpose. This Acquisition C ircular received by January-31. However, authorized by the U.S. Trade is issued to provide guidance on payments for other section 3(c)(1) Representative under E .0 .12260. The implementing the change in the d ollar applications and payments under intended effect is to provide guidance to threshold for applicability of the Trade Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations 4863

Agreements Act, pending a formal INTERSTATE COMMERCE By the Commission, Chairman Taylor, Vice revision to the Federal Acquisition COMMISSION Chairman Andre, Commissioners Sterrett, Regulation (FAR). Gradison, Simmons, Lamboley and Stremo. 49 CFR Part 1312 Commissioner Gradison commented with a 2. Background. The United-States separate expression. Commissioners Trade Representative (TR) is authorized [Ex Parte No. MC-97 (Sub-2)] Simmons and Lamboley dissented in part under Executive Order 12260 to with a separate expressions determine the appropriate dollar Investigation Into Practices of Motor Common Carriers of Property on James H. Bayne, threshold required for the applicability Residential and Redelivered Secretary. of the Trade Agreements Act of 1979. Shipments [FR Doc. 85-2808 Filed 2-1-85; 8:45 am] The TR changed the threshold from BILLING CODE 7035-01-M $161,000 to $156,000 effective January 1, AGENCY: Interstate Commerce 1985. (See 49 FR 44959, November 13, Commission. 1984.) ACTION: Removal of rules. 49 CFR Part 1312 3. Effective date. January 25,1985. SUMMARY: The Commission is [Ex Parte No. 435] 4. Expiration date: This Acquisition eliminating the regulations set forth at Circular expires 6 months after issuance 49 CFR 1312.28(c)(3), which govern the Modify Rules Governing Tariff (July 25,1985) unless canceled earlier or assessment of charges by motor Amendments extended. common carriers on shipments to or a g e n c y : 5. Reference to regulation. Section from private residences and similar Interstate Commerce Commission. 25.402(a), 25.402(c), 25.403(a), 25.405, locations and require prenotification 25.405(e) and 52.225-9 of the Federal before delivery to those locations. This a c t io n : Correction of final rule. action is being taken to allow carriers to Acquisition Regulation and Section SUMMARY: The Commission is correcting adopt residential delivery rules tailored 553.370-3507 of the General Services a provision which it inadvertently to meet their needs and the needs of the Administration Acquisition Regulation. adopted in its notice of final rules for shipping public. 6. Instructions/Procedures. this proceeding. Those rules authorize EFFECTIVE DATE: May 6,1985. (a) Annotate FAR 25.402(a), 25.402(c), delayed transmission of tariff 25.403(a), 25.405 and 25.405(e) to reflect FOR FURTHER INFORMATION CONTACT^ publications to subscribers only when the new dollar threshold of $156,000, Howell I. Sporn, (202) 275-7691. they agree to it in writing in advance. The correction will allow presently (b) A class deviation to FAR clause SUPPLEMENTARY INFORMATION: Notice of effective rules permitting a delay in the 52.225-9, Buy American Act—?Trade proposing removal of § 1310.15(e) was published at 48 FR 55149, December 9, transmission of short-notice tariff Agreements Act—Balance of Payments 1983. At 49 FR 38614, October 1,1984, in publication to subscribers for five Program (APR 1984), has been approved No. 37321, Revision of Tariff calendar days after the date copies for authorizing contracting officers to Regulations, All Carriers, former official filing are sent to the Commission change the dollar threshold appearing in § 1310.15(e) was absorbed unto new Part to remain in effect. paragraph (b) of the clause from 1312 as § 1312.28(c)(3). DATE: The effective date of the $161,000 to $156,000. Additional information is contained in correction is February 4,1985. (c) Pending a revision of the GSA the Commission’s decision. To purchase FOR FURTHER INFORMATION CONTACT: Form 3507, Supply Contract Clauses, a copy of the full decision, write to T.S. Lawrence C. Herzig (202) 275-7151. contracting officers shall notify bidders/ InfoSystems, Inc., Room 2227, Interstate SUPPLEMENTARY INFORMATION: In a Commerce Commission, Washington, offerors of the revision to the FAR notice published in the Federal Register D.C., 20423 or call 289-4327 (D.C. clause by including a clause at 50 FR 459, January 4,1985, the substantially as follows in solicitations metropolitan area) or toll free (800) 424- Commission adopted a final rule in this 5403. and contracts subject to the Trade proceeding which would authorize Agreements Act: We reiterate the certification in the delayed transmission of tariff December 8,1983, notice that this action publications to subscribers only when Trade Agreements Act— Applicability will not have a significant economic they agree to it in writing in advance. (January 1985) impact on a substantial number of small Several motor carrier rate bureaus have entities because we are allowing rules Article 30 (FAR 52.225-9 Buy American filed petitions for a stay and petitions Act Trade Agreements Act—Balance of tailored to meet the needs of carriers for reopening of this proceeding. The and the shipping public. Payments Program (APR 1984)) of GSA Form . bureaus show that the presently 3507 is amended by changing the dollar value The present residential delivery rules effective rule at 49 CFR 1312.6. provides specified in paragraph (b) from $161,000 to should be deleted. This decision does that new short-notice publications shall $156,000. not significantly affect the quality of the be sent to each subscriber within five , human environment or energy calendar days of the date of copies for conservation. (d) All solicitations issued on or after official filing are sent to the January 1,1985, that are subject to the List of Subjects in 49 CFR Part 1312 Commission. Short-notice publications Trade Agreements Act shall cite the are defined as publications authorized Motor Carriers. new dollar threshold of $156,000. to be filed without notice or on notice of §1312.28 [Amended] less than ten days. Under the terms of Allan W. Beres, Title 49 of the Code of Federal the rule which was adopted in this Assistant Administrator for Acquisition proceeding authority to delay the Policy. Regulations is amended by removing paragraph (c)(3) of § 1312.28. transmission of short-notice publications would no longer be 1PR Doc. 85-2726 Filed 2-1-85; 8:45 am] Authority: 49 U.S.C. 10321 and 5 U.S.C. 553. automatic and could only be obtained StUJMG CODE 6820-61-M D ecid ed : January 15,1985. by an advance written agreement by a 4864______Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations subscriber to such a delay. This rule January 4,1985. Paragraphs (a) through not later than 5-working days after the change was not intended and therefore (c) are correctly revised to read as time the copies are sent to the we are correcting the final rule in order follows: Commission. New short-notice to maintain the automatic authority to publications shall be sent to each delay the transmission of short-notice § 1312.6 Furnishing copies of tariff publications. subscriber within 5 calendar days of the tariff publications. This action will date the copies for official filing are sent (a) Definitions. '‘Subscriber,'* as used satisfy the concerns of the petitioning to the Commission. bureaus and therefore their petitions in this section means any party other will be dismissed. than carrier participants in the tariff that f3) Carriers or agents may, if acceptable to a subscriber, furnish only This decision is issued pursuant to 5 is voluntarily furnished, or any party specific portions of original tariffs and U.S.C. 553 and 49 U.S.C. 10762. that requests that it be furnished, one or amendments affecting those portions. It is o rd ered : more copies of a particular tariff with or without subsequent amendments or (c) Certification. The letter of 1. The final rules adopted in this reissues of that tariff. "Short-notice proceeding are corrected to the extent transmittal accompanying the copies to publication," as used in this section shown in the appendix. the Commission shall contain the means a tariff publication authorized to following certification: 2. The petitions for stay and petitions be filed without notice or on notice of for reopening are dismissed. I certify that compliance with 49 CFR less than 10 days. 1312.6 has been [in the case of advance Decided: January 31,1985. (b) Sending new publications to agreements by the subscriber to delayed By the Commission, Chairman Taylor, Vice subscribers. (1) The publishing carrier or Chairman Gradison, Commissioners Sterrett, transmission or in the case of short-notice agent shall send each newly-issued publications ‘will be'} made. J Andre, Simmons, Lamboley, and Strenio. tariff, supplement, or loose-leaf page as [FR Doc. 85-2865 Filed 2-1-85; 8:45 am] James H. Bayne; requested to each subscriber by first Secretary. class mail, or other means requested in BILLING COOE 7035-Ot-M Appendix writing by the subscriber. (2) Newly-issued tariffs, supplements, PART 1312— REGULATIONS FOR THE or loose-leaf pages other than short- PUBLICATION POSTING AND FILING notice publications shall be sent to each OF TARIFFS, SCHEDULES AND subscriber not later than the time the RELATED DOCUMENTS copies for official filing are sent to the Commission except that with the 1. Paragraphs (a) through (c) of advance, written perrhission of the § 1312.6 were revised at 49 FR 459, subscriber any publication may be sent 4865

[Proposed Rules Federal Register Vol. 50, No. 23 Monday, February 4, 1985

This section-of the FEDERAL REGISTER 4251 Street NW., Room 2011, per month as of March, 1983. This contains notices to the public of the Washington, D.C. 20536. number included Sri Lankans and [proposed issuance of rules and FOR FURTHER INFORMATION CONTACT: Bangledeshis as well as Iranians. regulations. The purpose of these notices For General Information: Loretta J. In an example of the fallout from is to give interested persons an stricter Canadian legal requirements for opportunity to participate in the rule Shogren, Director, Policy Directives making prior to the adoption of the final and Instructions, Immigration and entry, nineteen Sri Lankans who now rules. Naturalization Service, 425 I Street, require Canadian visas were refused NW, Washington, D.C. 20536, boarding on a flight to Canada from the Telephone: (202) 633-3048 United States where they had arrived as DEPARTMENT OF JUSTICE For Specific Information: Janet M. transits. The carrier was concerned Charney, Immigration Inspector, about being fined by the Canadian Immigration and Naturalization Immigration and Naturalization authorities for bringing improperly Service Service, 4251 Street NW, documented aliens into Canada. The entire group of nineteen then 8CFR Part 212 Washington, D.C. 20536, Telephone: (202) 633-2694 immediately asked for asylum in the Documentary Requirements; SUPPLEMENTARY INFORMATION: The United States. Nonimmigrants; Waivers Admission of Immigration Service has found that in A current trend involves Bangladesh Certain Inadmissible Aliens; Parole; comparison to other nationalities, large nationals transiting through Bermuda to Direct Transits; Restriction for Citizens numbers of nationals from Bangladesh, the Bahamas where they are smuggled of Bangladesh, India, Pakistan and Sri India, Pakistan, and Sri Lanka have into the United States from Bimini and Lanka continually abused the transit without instructed on how to obtain illegal visa provisions of the Immigration and employment These smuggling attempts AGENCY: Immigration and Naturalization Nationality Act. Many of these are highly organized and as a result, the Service, Justice. individuals abscond from the custody of United States Government through the action: Proposed rule. the airlines which brought them to the Department of State is attempting to United States and which are legally engage thé support the Governments of Summary: The proposed rule restricts responsible for facilitating their Bermuda and the Bahama» in dealing citizens of Bangladesh, India, Pakistan departure from the United States on a With this problem. Many of these and Sri Lanka from transiting the United particular flight. This transit without individuals had originally transited States without visas. This waiver of visa provision is also being used by without visa through the U.S. to the visas for transits from the above many of these people to travel through Bahamas. mentioned countries has become a the United States to Central America Nationals of India and Pakistan have means of circumventing immigration where they are smuggled back into the also taken advantage of the transit laws once they arrive in the United United States across the Southern without visa provisions in the law to States. An increasing number of aliens border by organized syndicates. effect illegal entry into the United use the transit without visa provision to On February 24,1982, at 47 FR 8005 States. More recently, many Afghanis get into the United States under the the Service restricted Afghanistan and Iranians who are precluded by guise of transit passengers and have no citizens from transiting the United regulation from transiting without a visa intention of continuing on to a third States without visas. Though the Afghan have attempted entry using Pakistani country. These individuals either case differs from the four nationalities and Indian passports which they have abscond from the custody of the airline now at issue, all are examples of how been able to obtain with relative ease. that brought them to the United States the waiver of visas for transits are used The impact from this problem has been orcontinue on to the third country as a means of circumventing felt in Canada as well. As a result, the which by design is usually contiguous to immigration laws. The Afghans used the Canadians included Pakistan on the list |he United States or is an adjacent transit provisions as a means of effecting of countries requiring visas in 1977 and island. From there they often return to entry into the United States where they the Indians were added to the list in the United States effecting an entry promptly applied for asylum thereby 1981. without inspection with the help of circumventing refugee procedures In an attempt to prevent the continued organized smuggling rings. In an effort to abroad. This same situation is circumvention of immigration law, the control this continued abuse of transit developing with regard to citizens of Sri Service is reviewing the entire transit without visa privileges, the Immigration Lanka and Bangladesh. In light of this, without visa program. As a preliminary Service is proposing to add the four the Government of Canada, which step, the Immigration Service is countries noted above to the list of shares many of the same immigration withdrawing the transit without visa countries are whose nationals precluded problems we have, has instituted visa privilege as it applies to citizens of rom transiting through the United requirements for Sri Lankans and Bangladesh, India, Pakistan, and Sri states without a visa. Bangladeshis. This is in reponse to the Lanka. DATE: Comments must be received on or large number of nationals from these In accordance with 5 U.S.C. 605(b), the before March 6,1985. countries who have similarly attempted Commissioner of Immigration and Address: Please submit written to circumvent Canadian Immigration Naturalization certifies that this rule, if comments in duplicate to the Director of law by using their visa exempt promulgated, will not have a significant obey Directives and Instructions, privileges. In Montreal alone, there was economic impact on a substantial ^migration and Naturalization Service, an average of eighty asylum requests number of small entities. This rule 4866 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Proposed Rules would not be a major rule as defined in Vietnam and is a resident of the said Administration, U.S. Nuclear Regulatory section 1(b) of E .0 .12291. countries. Commission, Washington, DC 20555. 1 List of Subjects in 8 CFR Part 212 (4) Foreign government officials in The petition and copies of comments transit. If an alien is of the class may be inspected and copied for a fee at Administrative practice and described in section 213(d)(8) of the Act, the NRC Public Document Room, 1717 H procedure Aliens Foreign officials only a valid unexpired visa and a travel Street NW., Washington, D.C. Passports and visas Travel restrictions. document valid for entry irtto a foreign FOR FURTHER INFORMATION CONTACT: country for at least 30 days from the Accordingly, it is proposed to amend John Philips, Chief, Rules and date of admission to the United States Chapter I of Title 8 of the Code of Procedures Branch, Division of Rules ■?. are required. Federal Regulations as follows: * * * * * and Records, Office of Administration, U.S. Nuclear Regulatory Commission, PART 212— DOCUMENTARY (Secs. 103 and 212 of the Immigration and Washington, DC 20555, Telephone: 301- Nationality Act, as amended (8 U.S.C. 1103 REQUIREMENT: NONIMMIGRANTS; 492-7086 or Toll Free: 800-368-5642. WAIVERS; ADMISSION OF CERTAIN and 1182)) SUPPLEMENTARY INFORMATION: INADMISSIBLE ALIENS; PAROLE Dated: January 22,1985. Alan C. Nelson, I. Background 1. In 212.1, paragraph (e) would be Commissioner, Immigration and revised to read as follows: Naturalization Service. The petitioner points out that the [FR Doc. 85-2800 Filed 2-1-85; 8:45 am] transportation of irradiated reactor fuel § 212.1 Documentary requirements for is an increasingly significant activity , nonimmigrants. BILLING CODE 4410-10-M * * * * * because nuclear reactor facilities are reaching maximum capacity of their ^ (e) Direct transits—(1) Transit spent fuel storage pools. Additionally, j without visa. A passport and visa are NUCLEAR REGULATORY there is a reduction in away-from- not required of an alien who is being COMMISSION reactor storage, with the General transported in immediate and 10 CFR Part 71 Electric facility at Morris, Illinois, continuous transit through the United offering the only off-site storage States in accordance with the terms of [Docket No. PRM-71-10] alternative. an agreement entered into between the Since the petitioner is a state through transportation line and the Service State of Wisconsin; Filing of Petition which numerous shipments of irradiated under the provisions of section 238(d) of for Rulemaking reactor fuel have passed and through ^ the Act on Form 1-426 to insure such which future shipments are scheduled, immediate and continuous transit AGENCY: Nuclear Regulatory the petitioner has an interest in through, and departure from, the United Commission. protecting its citizens by ensuring that States en route to a specifically a c t i o n : Notice of receipt of petition for transporters of spent fuel have designated foreign country: P rovided, rulemaking from the State of Wisconsin. adequately prepared for potential That such alien is in possession of a emergencies. SUMMARY: travel document or documents The Commission is As the petitioner indicates, there have establishing his/her identity and publishing for public comment this been over 200 highway shipments of notice of receipt of a petition for nationality and ability to enter some spent fuel through the State of country other than the United States. rulemaking dated December 13,1984, Wisconsin since August 1983. (2) W aiver o f pas sort and visa. On the which was filed with the Commission by Additional shipments have been basis of reciprocity, the waiver of the State of Wisconsin. The petition was scheduled by rail and are expected to passport and visa is available to a docketed by the Commission on continue over the next five years. December 17,1984, and has been national of Albania, Bulgaria, For each of these shipments, the assigned Docket No. PRM-71-10. The Czechoslovakia, Estonia, the German petitioner alleges, there has been no petitioner requests that the Commission Democratic Republic, Hungary, Latvia, Federal agency considering the need for establish a regulatory process, that Lithuania, Mongolian People’s Republic, the shipments, the safety or would provide an opportunity for public People’s Republic of China, Poland, environmental risks associated with the participation, for the evaluation and Romania, or the Union of Soviet selected routes, or the propriety of approval of proposed shipments of Socialist Republics resident in one of exposing the public to these risks. The irradiated reactor fuel (spent fuel). said countries, only if he/she is petitioner further alleges that there is no transiting the United States by aircraft DATE: Submit comments by April 5,1985. agency currently requiring adequate of a transportation line signatory to an Comments received after this date safeguards to protect against agreement with the Service on Form I- will be considered if it is practical to do emergencies. 426 on a direct through flight which will so, but assurance of consideration depart directly to a foreign place from cannot be given except as to comments II. Federal Responsibility the port of arrival. received on or before this date The petitioner indicates that there are (3) Unavailability to transit. This ADDRESSES: All persons who desire to three Federal agencies which could waiver of passport and visa requirement submit written comments concerning the potentially influence spent fuel is not available to an alien who is a petition for rulemaking should send their transportation decisionmaking. citizen of Afghanistan, Bangladesh, comments to the Secretary of the Cuba, India, Iran, Iraq, Pakistan or Sri Commission, U.S. Nuclear Regulatory Department o f Energy Lanka. This waiver of passport and visa Commission, Washington, DC 20555, The Department of Energy (DOE), requirement is nof available to an alien Attention: Docketing and Service under the Nuclear Waste Policy Act of who is a citizen or national of North Branch. 1982 (42 U.S.C. 10101 et seq.) is Korea (Democratic People’s Republic of For a copy of the petition, write the responsible for the long-term storage Korea) or Democratic Republic of Division of Rules and Records, Office of and disposal of commercially generated Federal Register / VoL 50, No. 23 / Monday, February 4, 1985 / Proposed Rules 4867

[spent fuel. However, in its draft Mission per hour at a distance of 3 feet from any NRC refrain from approving the routes [Plan, DOE has indicated that its accessible surface without intervening for any shipments of irradiated reactor [responsibility for spent fuel will not shielding, unless that licensee first fuel until the requested rule has been [begin until it accepts title to the waste in obtains the approval of the Commission. promulgated, 1998. In addition, DOE has specifically (b) An application for approval of a [informed Dated at Washington, D.C., this 30th day of the petitioner that its policy shipment of irradiated reactor fuel must January 1985. against unnecessary shipments of be made in writing at least 120 days For the Nuciear Regulatory Commission. [wastes does not apply to NRC licensees prior to the proposed shipment, and prior to 1998, unless such wastes are must demonstrate that: Samuel J. Chilk, being shipped to a Federal interim (1) The applicant has fulfilled the Secretary o f the Commission. . storage facility (which does not yet requirements of $73.37 of this chapter; [FR Doc. 85-2826, Filed 2-1-85; 8:45 am) exist). (2) The proposed shipment is BILUNG CODE 7590-01-M necessary to meet the requirements of [Department of Transportation the licensee’s operating license or ! The Department of Transportation required minimum fuel storage capacity; DEPARTMENT OF TRANSPORTATION (DOT) exercises jurisdiction over spent (3) The proposed route complies with ; fuel transportation, under the Hazardous all applicable DOT safety and routing Federal Aviation Administration [Transportation Act (42 U.S.C. 1801 et regulations; ! seq.). The petitioner points out that DOT (4) There are no route-specific 14 CFR Part 39 has established generic rules for conditions or hazards which create highway transportation of radioactive unique risks of accidents, sabotage, or [Docket No. 85-CE-3-AD] waste. In addition, petitioner alleges, radiological exposure; and DOT has uniformly held that state (5) The applicant has evaluated Airworthiness Directives; British efforts at regulation are preempted by alternatives to the proposed shipment Aerospace Model 3101 Jetstream Federal regulations. and alternative routes and has Airplanes demonstrated that the proposed Nuclear Regulatory Commission AGENCY: shipment is the alternative for handling Federal Aviation The NRC, the petitioner points out, the irradiated reactor fuel which Administration (FAA), DOT. currently regulates spent fuel shipments provides the least risk of radiological a c t io n : Notice of proposed rulemaking to a limited extent (10 CFR 71.12; 10 CFR exposure to the public. (NPRM). * Part 71, Subpart H; and 10 CFR 73.37). (6) The proposed shipping cask is The petitioner alleges, however, that the shown to be capable of withstanding all s u m m a r y : This Notice proposes to NRC does not evaluate the potential reasonably foreseeable incidents along adopt a new Airworthiness Directive safety and environmental risks of the the proposed route which could (AD), applicable to British Aerospace shipments or the need for the shipments interrupt the shipment (BAe) Model 3101 Jetstream airplanes and only gives cursory attention to (c) (1) Upon receipt of the application, which would require a modification to emergency planning. In addition, the the Commission shall provide notice of the electrical system to insure that the petitioner points out that the NRC does receipt of the application in the Federal emergency lighting system is maintained not regulate the carrier or consider its Register and to each state along the at full charge. BAe has reported that the safety record. proposed route. internal discharge rate of the emergency III. Petitioner's Solution to the Problem (2) Any interested person, including lighting power pack during periods of any state or municipality along the airplane non-use may reduce the charge , t The petitioner alleges that there is a proposed route, may submit written level below that necessary to provide [ significant gap in the regulatory program comments and request a hearing light during an airplane emergency regarding shipment of spent fuel concerning the applicant’s compliance evacuation. The proposed modification shipments, because no Federal agency with paragraph (b)(1) of this section, will assure that the power packs will I considers the risks associated with within 30 days after publication of the contain a sufficient charge for this [ specific routes. Furthermore, no Federal application in the Federal Register. purpose at all times. ; agency considers the need for the (3) The Commission shall issue a I shipment or the propriety of the d a t e : Comments must be received on or decision on the application within 60 shipment in light of potential risks, and before March 10,1985. days after completion of any hearing : the public has no opportunity to held under paragraph (c)(2) of this ADDRESSES: BAe Alert Service Bulletin f Participate in the decision to transport (ASB) No. 33-A-JM7431, Revision 1, waste. section. ~ (d) The Commission’s action under dated October 7,1984, applicable to this IV. Proposed Amendments to 10 CFR this section is an action for which an AD may be obtained from British Part 71 environmental impact statement may be Aerospace, Engineering Department, Post Office Box 17414, Dulles I f Therefore, the petitioner propo necessary, in accordance with 10 CFR 51.21. International Airport, Washington, D.C. ! following amendments to 10 CFR 20041; Telephone (703) 435-9100 or the 1; Advance approval for transpc V. Conclusions Rules Docket at the address below. 1 of irradiated reactor fuel. In conclusion, the petitioner asserts Send comments on the proposal in fa) No licensee may transport, or that the NRC has the primary duplicate to FAA, Central Region, Office euyer to a carrier for transport, in a responsibility to protect against the risks of the Regional Counsel, Attention: single shipment, a quantity of irradiated of radiation exposure, and the petitioner Rules Docket No. 85-CE-3-AD, Room reactor fuel in excess of 100 grams in net requests the NRC to adopt the proposed 1558,601 East 12th Street, Kansas City, • g * of irradiated fuel, exclusive of rule that will provide the NRC and the Missouri 64106. Comments may be c adding or other structural or packaging public the opportunity to evaluate the inspected at this location between 8 a.m. aterial, which has a total external propriety of spent fuel shipments. and 4 p.m., Monday through Friday, oiation dose rate in excess of 100 rems Finally, the petitioner requests that the holidays excepted. 4868 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Proposed Rules

FOR FURTHER INFORMATION CONTACT*. recharging by the aircraft system will small that it would not impose a ■14 < Mr. H. Chimerine, Brussels Aircraft then require 20 hours. significant economic input on any such Certification Office, AEU-100, Europe, As a result, BAe has issued ASB No. owners. Therefore, I certify that this [Do Africa and Middle East Office, FAA, c/o 33-A-JM7431, Revision 1, dated October action: (1) Is not a major rule under the Ur American Embassy, 1000 Brussels, 7,1984, which specifies a modification provisions of Executive Order 12291, (2) ICO: Belgium; Telephone 513.38.30; or Mr. L (Modification JM7431) to the emergency is not a significant rule under DOT Mo Werth, FAA, ACE-109, 601 East 12th lighting power pack charging system. Regulatory Policies and Procedures (44 Street, Kansas City, Missouri 64106; This modification will incorporate a F R 11034; February 26,1979) and (3) if ■ Telephone (816) 374-6932. trickle charge facility which is promulgated, will not have a significant SUPPLEMENTARY INFORMATION:. connected to the aircraft battery when economic impact on a substantial the airplane is idle (master switch OFF). number of small entities under the Comments Invited Existing provision for charging the critera of the Regulatory Flexibility Act. i power packs whenever a 28 volt DC A copy of the draft regulatory Interested persons are invited to power supply exists on the essential evaluation has been prepared for this BUI participate in the making of the Ian busbar, i.e. whenever the generators action and has been placed in the public proposed rule by submitting such are on line or whenever the battery docket. A copy of it may be obtained by lap] written data, views or arguments as Ve master switch is in the internal position, contacting the Rules Docket at the they may desire. Communications irrespective of the position of the IP 6 should identify the regulatory docket or location identified under the caption lair emergency lighting control switch, ADDRESSES, notice number and be submitted in remain unchanged. duplicate to the address specified The United Kingdom Civil Aviation List of Subjects in 14 CFR Part 39 above. All communications received on Authority (U.K.C.A.A.) who has or before the closing date for comments Air transportation, Aviation safety, 1681 responsibility and authority to maintain specified above, will be considered by aircraft, Safety. p i the continuing airworthiness of these the Director before taking action on the kui airplanes in the United Kingdom had The Proposed Amendment proposed rule. The proposals contained lea' classified this Alert Service Bulletin and in this notice may be changed in the Accordingly, the Federal Aviation oi ICO' the actions recommended therein by the light of comments received. Comments Administration proposes to amend [bri manufacturer as mandatory to assure are specifically invited on the overall § 39.13 of Part 39 of the Federal Aviation lea the continued airworthiness of the regulatory, economic, environmental las: affected airplanes. On airplanes Regulation (14 CFR 39.13) by adding the and emergency aspects of the rule. All by operated under United Kingdom followng new AD: comments submitted will be available I da registration, this action has the same British Aerospace: Applies to Model 3101 both before and after the closing date |or effect as an AD on airplanes certified for Jetstream (all serial numbers) airplanes, for comments in the Rules Docket for operation in the United States. The FAA certificated in-any category. ■AC examination by interested persons. A relies upon the certification of the Compliance: Required within 100 hours 159 report summarizing each FAA-public U.K.C.A.A. combined with FAA review time-in-service after the effective date of this h i contact concerned with the substance of of pertinent documentation in finding AD, unless already accomplished. Il9 this proposal will be filed in the Rules compliance of the design of these To assure adequate emergency lighting Docket. 119 airplanes with the applicable United system power pack charge for lighting during lob States airworthiness requirements and emergency airplane evacuation, accomplish > Availability of NPRMs |Ai the airworthiness and conformity of the following: Any person may obtain a copy of this products of this design certificated for (a) Incorporate British aerospace (BAe) N: lac Notice of Proposed Rulemaking (NPRM) operation in the United States. Modification JM7431 in accordance with the | instructions-contained in BAe Alert Service Ipr by submitting a request to the Federal The FAA has examined the available Bulletin No. 33-A-JM7431, Revision 1, dated |a Aviation Administration, Central information related to the issuance of October 7,1984. | r i Region, Office of the Regional Counsel, BAe ASB No. 33-A-JM7431, Revision 1, Attention: Airworthiness Rules Docket (b) Aircraft may be flown in accordance |A dated October 7,1984, and the with Federal Aviation Regulation 21.197 to a A No. 85-CE-3-AD, Room 1558, 601 East mandatory classification of this Alert 12th Street, Kansas City, Missouri 64106. location where this AD can be accomplished. Ik Service Bulletin by the U.K.C.A.A. (c) An equivalent method of compliance Discussion Based on the foregoing, the FAA with this AD, if used, must be approved by believes that this condition addressed the Manager, Aircraft Certification Staff, BAe has reported that the inservice by this Alert Service Bulleting is an AEU-100, Europe, Africa and Middle East internal discharge rate of its Model 3101 unsafe condition that may exist on other Office, FAA, c/o American Embassy, 1000 Jetstream airplane emergency lighting products of this type design certificated Brussels, Belgium. for operation in the United States. power pack is in excess of the rate (Secs. 313(a), 601 and 603 of the Federal declared by the manufacturer. This Consequently, the proposed AD would Aviation Act of 1958, as amended (49 U.S.C., internal discharge rate is such that it require modification of the electrical 1354(a), 1421 and 1423); 49 U.S.C. 106(g) would be necessary to apply a system per BAe Modification JM7431 (Revised Pub. L 97-449, January 12,1983); ; prolonged charge after an aircraft has within 100 hours time-in-service. and section 11.85 of tiie Federal Aviation been out of service for a number of The cost of accomplishing the Regulations (14 CFR 11.85)) hours in order to regain the minimum proposed mofification is $142.14 per Issued in Kansas City, MO, on January 24, charge necessary to provide light for an airplane. There are approximately 22 1985. emergency airplane evacuation. Without U.S. registered airplanes affected by the John E. Shaw, power on the essential busbar, an proposed AD. The cost to the private initially fully charged power pack will sector is estimated to be $3,127.08. Few Acting Director, Central Region. become fully discharged within 94.5 if any, small entities own the affected [FR. Doc. 85-2742 Filed 2-1-85; 8:45 amj hours, i.e., less than four days. Complete airplanes. The cost of compliance is so BILLING CODE 4910-13-M Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Proposed Rules 4869

14 CFR Part 39 written data, views or arguments as these airplanes with the applicable they may desire. Communications United States airworthiness ¡Docket No. 85-CE-1-AD] should identify the regulatory docket or requirements and the airworthiness and ¡worthiness Directives; Partenavia notice number and be submitted to the conformity of products of this design ostruzioni Aeronautiche S.p.A. address specified above. All certificated for operation in the United ¡Models P 68, P 68B, P 68C, P 68C-TC communications received on or before States. nd P 68 Observer Airplanes the closing date for comments specified The FAA has examined the available above, will be considered by the information related to the issuance of Agency: Federal Aviation Director before taking action on the Partenavia Costruzioni Aeronautiche Administration (FAA), DOT. proposed rule. The proposals contained Service Bulletin No. 59, Revision 2 and motion: Notice of proposed rulemaking in this notice may be changed in the Service Bulletin No. 64, Revision 1 and (NPRM). light of comments received. Comments the issuance of AD No. 84-1301/P 68-29, are specifically invited on the overall Revision 1, and AD No. 84-146/P 68-32 SUMMARY: This notice proposes to adopt regulatory, economic, environmental by the R.A.I. Based on the foregoing, the a new Airworthiness Directive (AD) and emergency aspects of the proposed FAA believes that the situation applicable to Partenavia Costruzioni rule. All comments submitted will be addressed by these service bulletins and ¡Aeronautiche S.p.A. Models P 68, P 68B, available both before and after the Italian ADs is an unsafe condition that P 68C, P 68C-TC and P 68 Observer closing date for comments in the Rules may exist on other products of this type airplanes. This AD would require the Docket for examination by interested safety wiring of the aileron control persons. A report summarizing each design certificated for operation in the chain, the inspection of the aileron FAA public contact concerned with the United States. control cables for wear, and on the P substance of this proposal will be filed Consequently, the proposed AD, B8C-TC model airplanes only, in the Rules Docket. applicable to all Model P 68, P 68B, P replacement of two aileron control cable 68C, P 68C-TC and P 68 Observer series guides. Loss of the chain safety lock and Availability of NPRMs airplanes, would require the safety cable wear have been reported which Any person may obtain a copy of this lockwiring of the cable chain safety could result in disengagement or Notice of Proposed Rulemaking (NPRM) locks, the inspection of the aileron breaking of the aileron control cable and by submitting a request to the Federal control cable behind the engine firewall cause loss of control. These actions will Aviation Administration, Central adjacent to the cable guard plates, and assure the integrity of the aileron control Region, Office of the Regional Counsel, on the P 68-TC model airplane only, system. _ Attention: Airworthiness Rules Docket replacement of the cable guard plates DATES: Comments must be received on No. 85-CE-l-AD, Room 1558, 601 East with new parts. The FAA has tor before March 9,1985. 12th Street, Kansas City, Missouri 64106. determined that, on the U.S. registry, Addresses: Service Bulletins (S/B) No. Discussion there are approximately eight Model P p9 Revision 1 (dated November 30,1983), 68C-TC airplanes and 51 Model P 68 The manufacturer, Partenavia p/B No. 59 Revision 2 (dated June 27, airplanes affected by the proposed AD. Costruzioni Aeronautiche S.p.A. has u984), Service Instruction No. 18 and S/B The cost of complying with the proposed received reports Of loss of the aileron No. 64 Revision 1 (dated September 10, AD is estimated to be $10 for the chain cable safety locks at the control &984) applicable to this AD may be inspection of the cable (59 airplanes wheel, and chafing of the aileron control [obtained from Partenavia Costruzioni affected), $10 for the labor to lockwire cables by the cable guard plates behind uVeronautiche S.p.A., via Cava, Casoria- the chain safety locks (33 airplanes the engine compartment firewall on a P biapoli (Italy) or the Rules Docket at the affected), $25 for the cable guard plate 68 model airplane. As a result, addresses below. Send comments on the kit (required only on P 68C-TC model Partenavia has issued S/B No. 59, proposal in duplicate to Federal airplanes) and $350 per airplane for the Revision 2, and S/B No. 64, Revision 1, pviation Administration, Central labor to install the plates (four airplanes which require safety lockwiring the [Region, Office of the Regional Counsel, affected). The total cost is estimated to chain safety locks and an inspection for be $2,420 to the private sector. Because Attention: Rules Docket No. 85-C E -l- wear on a portion of the aileron control pVD, Room 1558, 601 East 12th Street, of the limited number of affected cable which contacts the cable guard airplanes and their distribution among Kansas City, Missouri 64106. Comments plates behind the engine firewall. The pay be inspected at this location Registro Aeronautico Italiano (R.A.I-.) several owners, few if any small entities between 8 a.m. and 4 pm., Monday who has responsibility and authority to are expected to experience a significant through Frday, holidays excepted. maintain the continuing airworthiness of economic impact as the result of this fOR FURTHER INFORMATION CONTACT: these airplanes in Italy has issued proposal. bfr* H. Chimerine, Brussels Aircraft Italian Airworthiness Directives No. 84- Therefore, I certify that: (1) This Certification Office, AEU-100, Europe, 1301/P 68-29, Revision 1, and No. 84- action is not a major rule under the pfrica and Middle East Office, FAÂ, c/o 146/P 68-32, which makes these Service provision of Executive Order 12291, (2) [American Embassy, 1000 Brussels, Bulletins and the actions recommended is not a significant rule under DOT Belgium; Telephone 513.38.30; or Mr. H. therein by the manufacturer mandatory Regulatory Policies and Procedures (44 gelderok, FAA, ACE-109. 601 East 12th to assure the continued airworthiness of F R 11034; February 26,1979) and (3) if street Kansas City, Missouri 64106; the affected airplanes. On airplanes promulgated, will not have a significant [telephone (816) 374-6932. operated under Italian registration, this economic impact on a substantial [SUPPLEMENTARY INFORMATION: action has the same effect as an AD on number of small entities under the airplanes certified for operation in the criteria of the Regulatory Flexibility Act. ¡Comments Invited United States. The FAA relies upon the A copy of the draft regulatory Interested persons are invited to certification of the R.A.I. combined with evaluation has been prepared for this participate in the making of the FAA review of pertinent documentation action and has been placed in the public proposed rule by submitting such in finding compliance of the design of docket. A copy of it may be obtained by 4870 Federal Register / VoL 50, No. 23 / Monday, February 4, 1985 / Proposed Rules contacting the Rales Docket at the 14 CFR Part 39 the closing date for comments specified I location provided under the caption above, will be considered by the [Docket No. 85-CE-2-AD] ADDRESSES. Director before taking action on the List of Subjects in 14 CFR Part 39 Airworthiness Directives; Partenavia proposed rule. The proposals contained ! Costruzioni Aeronautiche S.p.A. in this notice may be changed in the Air transportation, Aviation safety, Models P 68, P 68B, P 68C, P 68C-TC light of comments received. Comments Aircraft, Safety. and P 68 Observer Airplanes are specifically invited on the overall The Proposed Amendment regulatory, economic, environmental a g e n c y : Federal Aviation and emergency aspects of the proposed Accordingly, the Federal Aviation Administration (FAA), DOT. rule. All comments submitted will be Administration proposes to amend ACTION: Notice of proposed rulemaking available both before and after the § 39.13 of Part 39 of the Federal Aviation (NPRM). closing date for comments in the Rules Regulations (14 CFR 39.13} by adding the Docket for examination by interested following new AD: SUMMARY: This Notice proposes to persons. A report summarizing each Partenavia Costruzioni Aeronautiche S.p.A.: adopt a new Airworthiness Directive FAA public contact concerned with the Applies to all Models P 68, P 68B, P 68C, (AD) applicable to Partenavia substance of this proposal will be hied P 68C-TC and P 68 Observer series (all Costruzioni Aeronautiche S.p.A. Models in the Rules Docket. Serial Numbers (S/N) 001 through 335, P 68, P 68B, P 68C, P 68C-TC and P 68 Availability of NPRMs and XXX-01TC to XXX-23TC, plus XXX- Observer airplanes. This AD would require the periodic visual inspection of 26TC) airplanes ceritificated in any Any person may obtain a copy of this the front and rear wing spars for cracks category. Notice of Proposed Rulemaking (NPRM) until reinforcement plates are installed. Compliance: Required within the nest 100 by submitting a request to the Federal This proposed action is based upon hours time-in-service after the effective date Aviation Administration, Central Partenavia receiving reports of cracks of this AD, unless already accomplished. Region, Office of the Regional Counsel, being found in the wing spars. The To prevent the loss of aileron control, Attention: Airworthiness Rules Docket inspections required by this AD will accomplish the following: No. 85-CE-2-AD, Room 1558,601 East eliminate these cracks before they (a) On all P 68 Models from S/N 001 12th Street, Kansas City, Missouri 64106. through S/N 335, safety lockwire the aileron adversely affect the airworthiness of the cable chain safety lock, Part Number (P/N) wing. Discussion d a t e s : 68-5.2017-3, as described in Partenavia Comments must be received on The manufacturer, Partenavia Service Bulletin (S/B) No. 64, Revision 1, or before March 8,1985. Costruzioni Aeronautiche S.p.A. has dated September 10,1984. a d d r e s s e s : Service Bulletin (SB) No. 65, received reports of cracks in the front j (b) On all P 88, P 68B, P 68C, P 68C-TC and Revision 1, dated September 27,1984, and rear wing spar on Model P 68 series j P 68 Observer Models from S/Ns 001 to and applicable to this AD may be obtained airplanes. As a result, Partenavia has including 289,305 and 312, except 261, 279, from Partenavia Costruziona issued S/B No. 65, Revision 1, which 284 and 286, visually inspect the aileron Aeronautiche S.p.A. via Cava, Casoria- requires the repetitive visual inspection ] control cable behind the engine compartment Napoli (Italy) or the Rules Docket at the of the front and rear spars until modified | firewall for wear caused by rubbing against addresses below. Send comments on the as described in this bulletin. The the cable guard plates as described in the proposal in duplicate to Federal Registro Aeronautico Italiano (R.A.I.) Instructions of Partenavia S/B No. 59, Aviation Administration, Central who has responsibility and authority to Revision 1, dated Nobvember 30,1983, and Region, Office of the Regional Counsel, maintain the continuing airworthiness of j replace any cables that exhibit wear damage Attention: Rules Docket No. 85-CE-2- as defined in this S.B. these airplanes in Italy has classified AD, Room 1558, 601 East 12th Street, this Service Bulletin and the actions (c) On all P 68C-TC Models from S/N Kansas City, Missouri 64106. Comments XXX-01TC to and including XXX-23TC, and recommended therein by the may be inspected at this location manufacturer as mandatory to assure XXX-26TC, replace aileron cable guard between 8 a.m. and 4 p.m., Monday the continued airworthiness of the plates as described in Partenavia S/B No. 59, through Friday, holidays excepted. Revision 2. affected airplanes. On airplanes FOR FURTHER INFORMATION CONTACT: (d) Airplanes may be flown in accordance operated under Italian registration, this with FAR 21.197 to a location where this AD Mr. H. Chimerine, Brussels Aircraft action has the same effect as an AD on may be accomplished. Certification Office, AEU-100, Europe, airplanes certified for operation in the (e) An equivalent means of compliance Africa and Middle East Office, FAA, c/o United States. The FAA relies upon the may be used, if approved, by the Manager, American Embassy, 1000 Brussels, certification of the R.A.I. combined with Aircraft Certification Staff, AEU-100, Europe, Belgium; Telephone 513.38.30; or Mr. H. FAA review of pertinent documentation Africa, and Middle East Office, FAA, c/o Beider ok, FAA, ACE-109, 601 East 12th ""in finding compliance of the design of American Embassy, 1000 Brussels, Belgium. Street, Kansas, Missouri 64106; these airplanes with the applicable Telephone (816) 374-6932. {Secs. 313(a), 601 and 603 of the Federal United States airworthiness requirements and the airworthiness and Aviation Act of 1958, as amended (49 U.S.C. SUPPLEMENTARY INFORMATION: conformity of products of this design 1354(a), 1421 and 1423); 49 U.S.C. 106(g) Comments Invited (Revised, Pub. L. 97-449, January 12,1983); certificated for operation in the United Sec. 11.85 of the Federal Aviation Regulations Interested persons are invited to States. (14 CFR Sec. 11.85)) participate in the making of the The FAA has examined the available Issued in Kansas City, MO, on January 22, proposed rule by submitting such information related to the issuance of 1985. written data, views or arguments as Partenavia Costruzioni Aeronautiche S/ they may desire. Communications B No. 65, Revision 1, dated September John E. Shaw, should identify the regulatory docket or 27,1984, and the mandatory Acting Director, Central Region. notice number and be submitted to the classification of this Service Bulletin by [FK Doc. 85-2740 Filed 2-1-85; 8:45 amj address specified above. All the R.A.I. Based on the foregoing, the BILLING CODE 4910-13-M communications received on or before FAA believes that the condition Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Proposed Rules 4871 addressed by the service bulletin is an (a) Visually inspect the front and rear wing in a public conference. This notice unsafe condition that may exist on other spars for cracks as described in Part A of informs interested persons of the time, products of this type design certificated Partenavia S/B No. 65, Revision 1, dated place and format of this public for operation in the United States. September 27,1984. (b) If cracks are found as a result of any conference. Consequently, the proposed AD would inspection required by Paragraph (a) of this DATES: The public conference will require repetitive visual inspections of AD, prior to further flight, accomplish the convene at 9 a.m. on Wednesday, the front and rear spars for cracks on modification described in Part B of February 20,1985. Requests to Partenavia Costruzioni Aeronautiche Partenavia S/B No. 65, Revision 1, dated participate and the amount of time S.p.A. Models P 68, P 68B, P 68C, P 68C- September 27,1984. requested must be directed to the TC and P 68 Observer airplanes until (c) The repetitive inspections required by Paragraph (a) of this AD may be discontinued Secretary on or before February 13, modified in accordance with Partenavia 1985. Costruzioni Aeronautiche S/B No. 65, when the modification in Paragraph (b) of Revision 1, dated September 27,1984. this AD is accomplished. a d d r e s s e s : The hearing will be held at: (d) Airplanes may be flown in accordance The FAA has determined there are Hearing Room A, Federal Energy with FAR 21.197 to a location where this AD Regulatory Commission, 825 North approximately 56 U.S. registered may be accomplished. Capitol Street, NE., Washington, D.C. airplanes affected by the proposed AD. (e) An equivalent means of compliance The cost of accomplishing each may be used, if approved, by the Manager, 20426. inspection required by the proposed AD Aircraft Certification Staff, AEU-100, Europe, Requests to participate and questions is estimated to be $280 per airplane. The Africa, and Middle East Office, FAA, c/o regarding participation should be total cost is estimated to be $15,680 to American Embassy, 1000 Brussels, Belgium. directed to: The Office of the Secretary, the private sector. Because of the limited (Secs. 313(a), 601 and 603 of the Federal Federal Energy Regulatory Commission, number of affected airplanes and their Aviation Act of 1958, as amended (49 U.S.C. 825 North Capitol Street, NE., distribution among a number of owners, 1354(a), 1421 and 1423); 49 U.S.C. 106(g) Washington, D.C. 20426. (Revised, Pub. L. 97-449, January 12,1983); few if any small entities are expected to Sec. 11.85 of the Federal Aviation Regulations FOR FURTHER INFORMATION CONTACT: '* experience a significant economic (14 CFR Sec. 11.85)) Kenneth Plumb, Office of the Secretary, impact as the result of this proposal. Issued in Kansas City, MO, on January 22, Federal Energy Regulatory Commission, Therefore, I certify that: (1) This 1985. 825 North Capitol Street, NE., action is not a major rule under the John E. Shaw, Washington, D.C. 20426 (202) 357-8400. provision of Executive Order 12291, (2) Acting Director, Central Region. SUPPLEMENTARY INFORMATION: On is not a significant rule under DOT December 24,1984, the Commission Regulatory Policies and Procedures (44 [FR Doc. 85-2741 Filed 2-1-85; 8:45 amj BILLING CODE 4910-13-M issued a Notice of Inquiry that requests FR11034; February 26,1979) and (3) if comments and information concerning promulgated, will not have a significant the effect of partial decontrol of natural economic impact on a substantial DEPARTMENT OF ENERGY gas prices on the Commission’s number of small éntities under the regulation of the interstate criteria of the Regulatory Flexibility Act, Federal Energy Regulatory transportation of natural gas on behalf A copy of the draft regulatory Commission of non-owner shippers.1 A non-owner evaluation has been prepared for this shipper is a shipper who seeks action and has been placed in the public 18 CFR Parts 157 and 284 transportation on a pipeline system in docket. A copy of it may be obtained by [Docket No. RM85-1-000 Phase I] which it does not have an ownership contracting the Rules Docket at the interest. This notice was the first phase location provided under the caption of an inquiry into the effects on the add resses. Interstate Transportation of Gas for Others natural gas industries of the List of Subjects in 14 CFR Part 39 congressionally-mandated transition to Issued: January 30,1985. competitive pricing of natural gas at the Air transportation, Aviation safety, Aircraft, Safety. AGENCY: Federal Energy Regulatory wellhead. In addition to permitting Commission. anyone to file written comments, the The Proposed Amendment a c t i o n : Notice of public conference. notice invites interested persons to Accordingly, the Federal Aviation participate in a public conference that Administration proposes to amend Su m m a r y : On December 24,1984, the will convene at 9 a.m. on Wednesday, § 39.13 of Part 39 of the Federal Aviation Federal Energy Regulatory Commission February 20,1985. Regulations (14 CFR 39.13) by adding the (Commission) issued the first phase of The public conference wilt not be of a following new AD: its inquiry into the effects on the natural judicial or evidentiary nature. Persons gas industries of the Congressionally- requesting to speak will be divided into Costruzioni Partenavia Aeronautiche S.p.A.: mandated transition to competitive paticipant panels and will be permitted Applies to all Model P 68, P 68B, P 68C, I 68C-TC and P 68 Observer series (Serial pricing of natural gas at the wellhead. time to present prepared remarks. There Numbers 001 thru 328) airplanes (50 FR 114, January 2,1985). The first will be no cross examination of persons certificated in any category. notice seeks information concerning the presenting statements. However, the ^°mP^ance: Required as indicated after effect of partial decontrol of natural gas Commissioners and the staff panel may the effective date of this AD, unless already prices on the Commission’s regulation of question these persons. In addition, accomplished. the interstate transportation of natural anyone may submit to the presiding To preclude the failure of the wing spar, gas on behalf of non-owner shippers, officer questions to be asked of persons within 100 hours time-in-service after the effective date of this AD or upon that is, shippers who seek transportation on the participant panels. The presiding accumulating 2,100 hours time-in-service, on a pipeline system in which they do officer will determine whether the whichever occurs later, and thereafter at not have an ownership interest. In question is relevant and whether the intervals not exceeding 500 hours time-in- addition to permitting anyone to hie 81nce the last inspection accomplish written comments, the notice of inquiry 1 Interstate Transportation of Gas for Others. (50 the following: invites interested persons to participate FR 114; January 2,1985) (Notice of Inquiry). 4872 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Proposed Rules time limitations permit it to be ENVIRONMENTAL PROTECTION After considering the nature and presented. Any further procedural rules AGENCY content of the comments, the Agency will be announced by the presiding dicided to collect additional information officer at the hearing. Transcripts of the 40 CFR Parts 471 and 468 to fill certain data gaps and clarify hearing will be available in the public [OW-FRL-2770-1] comments. Engineering and sampling file for this proceeding, Docket No. visits were made to nine nonferrous RM85-1-000 (Phase-1), in the Nonferrous Metals Forming and Metals metals forming plants to collect process, Commission’s Office of Public Powders Point Source Category and flow and chemical analysis data. The Information, and may be ordered from the Copper Forming Point Source nine plants are involved in the metal that office. Category; Effluent Limitations powder (iron, copper and aluminum), As stated in the December 24,1984, Guidelines, Pretreatment Standards, nickel-cobalt, titanium, zirconium- Notice, requests to participate in the and New Source Performance hafnium, refractory metals, precious hearing should be submitted on or Standards metals or uranium subcategories. Trip before February 13,1985, to the Office of reports from these plant visits that were the Secretary, and it should request the AGENCY: Environmental Protection claimed confidential by the companies amount of time required for the oral Agency (EPA). are in the confidential record; the rest presentation. Persons participating at a c t i o n : Notice of data availability and are in the public record. The the hearing should, if possible, bring 50 request for comment. nonconfidential trip reports of plants copies of their statement to the visited before proposal are also in the s u m m a r y : EPA has obtained additional conference. A list of the participants in public record. data and information necessary to the conference will be available in the EPA has obtained clarification and respond to comments made on the Comqiission’s Office of Public completion of data collection portfolio nonferrous metals forming and metals Information and at the hearing room on (dcp) information. We have also powders (hereinafter, nonferrous metals the morning the conference is convened. received several newly completed dcp's. forming) effluent limitations guidelines, All nonconfidential dcp’s are in the Lois D. Cashell, pretreatment standards, and new source public record. Acting Secretary. performance standards proposed under [FR Doc. 85-2772 Filed 2-1-85; 8:45 am] the authority of the Clean Water Act. Regulatory Flows BILLING CODE 6717-01-M EPA is making the data and information Based on the new data collected end available for public inspection and its re-examination of existing data, the comment. EPA is also giving notice that Agency has made changes to several of it is considering technical amendment to the Best Practicable Control Technology DEPARTMENT OF HEALTH AND the applicability of the copper forming Currently Available (BPT) regulatory HUMAN SERVICES effluent limitations guidelines, flows in the category which are used to pretreatment standards, and new source derive the BPT mass-based effluent Food and Drug Administration performance standards. limitations and standards. On the DATES: Comments on the data and average, the changes made are slight; 21 CFR Part 341 information must be submitted by the median change to the proposed BPT March 6,1985. flows in only about —23 percent. [Docket NO.76N-052N] ADDRESSES: Send comments to Ms. The Agency has also reconsidered Janet K. Goodwin, Industrial Technology several Best Available Technology Cold, Cough, Allergy, Bronchodilator, Division (WH-552), Environmental Economically Achievable (BAT) and Antiasthmatic Drug Products for Protection Agency, 401 M Street, SW., regulatory flows. Although we still Over-the-Counter Human Use; Washington, D.C. 20460. Attention: EGD intend to include flow reduction and in* Tentative Final Monograph for Over- Docket Clerk. The supporting process controls in the model BAT the-Counter Nasal Decongestant Drug information and data described in this technology, several BAT regulatory Products notice are available for inspection and flows have changed based on the new copying at the EPA Public Information data collected or existing data that were Correction Reference Unit, Room 2404 (Rear) PM- clarified. The median change made to 213. The comments on this notice will be In FR Doc. 85-681, beginning on page BAT flows is only about —17 percent. made available for public inspection as 2220, in the issue of Tuesday, January Some slight changes in these regulatory they are received at the above location. 15,1985, make the following corrections: flows might still occur in the final The EPA public information regulation regulation as a result of additional data 1. On page 2221, in the first column, in (40 CFR Part 2) provides that a the second complete paragraph, in the which have been requested. reasonable fee may be charged for As discussed in the proposal, sixteenth line, “introduced into” should copying. read “introduced or initially delivered regulatory flows are based on the FOR FURTHER INFORMATION CONTACT: for introduction into”. average water discharge per unit of Technical information may be obtained production for each subcategory 2. On page 2238, in the second column, from Ernst P. Hall, at (202) 382-7126. operation. Revised regulatory flow in the third line from the top, “71741” SUPPLEMENTARY INFORMATION: EPA allowances for BPT, BAT, PSES, PSNS should read “71742”. proposed effluent limitations guidelines, and NSPS for each process waste 3. Also on page 2238, in the second pretreatment standards, and new source stream in each subcategory are in the column, in the twelfth line, “Subchapter performance standards for the record. B” should read “Subchapter D”. nonferrous metals forming point source New information was obtained from 4. Also in the second column, in the category on March 5,1984 (49 FR 8112). an aluminum powder producer since 23rd line, “(p), 355,” should read "(p), The comment period closed on May 4, proposal. In the dcp response, the plant 352, 355,”. 1984. EPA received comments on this reported using a wet scrubber for air BILUNG CODE 1505-01-M proposal from 22 commenters. pollution control but subsequently Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Proposed Rules 4873

discontinued the use of this scrubber Long-term One-day Monthly at a higher pH may need to use a two- average maximum average and now employs dry air pollution (mg/T) (mg/1) (mg/T) stage lime and settle treatment to meet I control methods. Since this was the only the limitations. This will be reflected in plant which discharged this waste Tungsten______0.85 3.48 1.55 the cost estimates for this subcategory. Tantalum...... 0.4S stream, we now believe the appropriate Molybdenum. ____ 0.94 3.85 1.71 The Agency intends to establish discharge allowance for this waste limitations and standards for gold, stream is zero. platinum and palladium for the precious We expect to sample another plant Four companies commented on the metals forming subcategory. We have that manufactures and forms uranium to flow reduction requirements for surface obtained information indicating that collect additional data on the treatment treatment rinses based on the gold, platinum and palladium can be effectiveness of lime and settle application of countercurrent cascade treated to less than the level of detection treatment for the uranium forming rinsing, particularly as it applies to (0.01 mg/1) analyzed by a graphite subcategory. These data will be added nickel-cobalt forming. The Agency furnace atomic adsorption to the public record as soon as they are continues to believe that cascade spectrophotometer. Hie model available. We believe that the countercurrent rinsing is an effective technology that would achieve this method of flow reduction, but recognizes achievable concentration of uranium (as measured by fluorometry analytical removal is lime, settle, and filter that other flow reduction methods are technology with an ion exchange column used and may be equally effective. For methods) with properly operated lime, settle and filter treatment may be added as a final polishing step. This example, since proposal we have visited technology is demonstrated at precious a nickel-cobalt forming plant that has smaller than the data tabulated above indicate. metals manufacturing plants which achieved a significant water savings by Data collected at two refactory metals claim to achieve a level of 0.01 mg/1 re-using process water in several forming plants using x-ray fluorescence without difficulty. Since the level of different processes prior to discharge. analytical methods indicate that lime detection is the same, we propose to use We believe that while this plant is and settle treatment reduces columbium this level as the basis for establishing presently meeting the BAT regulatory and tantalum levels to below the level of the daily maximum for the precious flows through water reuse, it could also detection when a neutral pH is metals subcategory and not establish meet these flows through countercurrent maintained. Another sampled lime and any monthly average requirements. The cascade rinsing. This alternative flow settle treatment system is operated at a information the Agency has indicates reduction method should cost no more higher pH, from 10.5 to 11.5. Effluent that the cost of the ion exchange should than countercurrent cascade rinsing, in concentrations of columbium and be balanced by the value of the metal fact, the costs associated with w ater' tantalum collected from this system are recovered; therefore, we have assumed reuse should involve only minor significantly higher. Therefore, the data there will be no cost for this technology. expenses for re-piping with perhaps indicate that if the treatment system is We invite comment and additional some pumping. EPA invites comment on operated at a pH near 8, columbium and information regarding this approach. die application of this alternative to tantalum should be removed to below EPA also received several comments countercurrent cascade rinsing and the level of detection. Since these levels about the toxic metal pollutant limits other similar alternatives to the BAT were below the level of detection, it is which were derived using the lime, model technology. impossible to determine precisely what settle and filter treatment effectiveness Treatment Effectiveness Concentrations lower limit is achievable, or to monitor data based In part on EPA's combined for compliance with any lower level. metals data base (CMDB). Several The proposal included limits and Therefore, the level of detection was comments focused on the achievability i standards for a number of used as the one-day maximum of the nickel treatment effectiveness unconventional metal pollutants based concentration for the lime and settle concentration which forms the basis for on engineering estimates of the model treatment effectiveness and EPA is the nickel limits and standards. Hie treatment techology’s effectiveness. considering establishing no long-term Agency sampled two nickel forming Several commenters augued that these average 30- or 10-day average plants and has added data to the record treatment effectiveness concentrations concentration. Although the lime, settle from other industrial categories are not achievable. The Agency has and filter treatment, as the more (including iron and steel, battery subsequently obtained additional data advanced technology, should reduce the manufacturing and nonferrous metals on pollutant concentrations in both the discharge level of these metals still manufacturing). These data further process wastewaters and treated further, the Agency intends to use the demonstrate that the concentration effluent which show the effectiveness of level of detection as the bsasis for the basis for nickel is achievable with the lime and settle treatment in removing one-day maximum for this technology as application of the BAT model treatment. titanium, zirconium, uranium, well since, as explained above, a lower We are also adding data to the record oolumbium, tungsten, and tantalum. level cannot be determined. that supports the achievability of the These new data, which are included in Hie treatment effectiveness lead limits. These data come from the record of this rulemaking, indicate concentration for tungsten using x-ray battery manufacturing, iron and steel u ^°^ow*ng concentrations can be fluorescence analytical methods is manufacturing, metal molding and achieved by the BAT model end-of-pipe based on data collected at the treatment casting and nonferrous metals jreatment technology of lime, settle and system with the high pH (10.5 to 11.5) manufacturing plants. We have placed described above. The data indicate that pertinent parts of these data in the maintaining the pH within this range public record for the nonferrous metals Long-term One-da^ Monthty achieves significantly better removal of forming category. average maximum average (mg/1) img/l) (mg/T) tungsten than a pH near 8. Therefore, We have also reviewed the treatment Titanium.. refactory metals forming plants that effectiveness of molybdenum. The treat wastewaters containing both proposed molybdenum limits and *Wnium 4.81 Uranium.. columbium-tantalum and tungsten or standards were based on engineering Uolranbium___ _ 0.12 other regulated metals that precipitate estimates of the effectiveness of lime, 4874 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Proposed Rules settle and filter treatment. Data from the capital investment and $5.7 million considering establishing a zero subsequent proposal of effluent annually; comparable revised costs are discharge allowance for this waste limitations guidelines and standards for $13.1 million in capital costs and $8.4 stream. Other plants perform the same the nonferrous metals manufacturing million in annual costs. The proposed process without generating any point source category, Phase II, shows regulation also considered level 2 as wastewater, because they use solvents that a molybdenum manufacturing plant BAT for two subcategories. The which need not be followed by a water can achieve a concentration of 1.41 mg/ proposed cost estimates for this level of rinse. We believe this plant could 1 on a long-term basis with lime and treatment were $9.2 million in capital achieve zero discharge from this process settle treatment and that the addition of costs and $5.1 million in annual costs; by converting the water rinse into a a filter should reduce this to 0.93 mg/l comparable revised estimates are $11.9 second cleaning step. This process on a long-term averáge basis. These million in capital costs and $7.7 million change should achieve the same product sampling data and information on in annual costs. The Agency invites quality as a water rinse at very little molybdenum co-precipitation with iron comments on the estimates of cost. The second stage solvent cleaning are in the public record. compliance costs for nonferrous metals could be counter flowed and reused in forming plants. Effluent Limitations and Standards the first stage. This would generate no Treatment Technologies additional spent solvent to be hauled EPA has not recalculated the effluent away and would cost no more than a limitations and standards for each The Agency is considering the two-stage countercurrent water rinse pollutant regulated for each process in application of new treatment which is estimated to cost about $16,000 each subcategory. These effluent technologies for achieving the proposed in capital investment and $3600 for limitations will be derived using the limits for specific pollutants such as operation and maintenance. same methodology as was used in the molybdenum present in nonferrous proposed rule. The discharge allowance metals forming process wastewaters. As Categorization for each pollutant is the product of the an alternative or supplement to the regulatory flow and the treatment model treatment technology, we are The Agency is considering making effectiveness concentration and considering treatment using a sacrificial some minor revisions to the applicability therefore can be readily calculated from electrode or sulfide precipitation to of this regulation. The proposal included the information available in the record. remove metals. A discussion of the limits of various beryllium forming Any persons with questions about the sacrificial electrode technoloy has been processes, including the forming of effluent limitations that would be placed in the public record. Data beryllium alloys such as beryllium applicable to them should call or write provided by the vendor of this nickel. Beryllium alloys were included in the technical contact listed in the technology show the effectiveness of the the subcategory applicable to the metal beginning of this notice. technology in treating metals; in present in the largest proportion. However, the presence of beryllium as Compliance Costs particular this treatment technology appears to be an effective treatment an alloying agent even in very small As discussed in the preamble to the technology for the pollutant * quanti ties (as low as 0.1 percent) imparts proposed regulation, the Agency has re- molybdenum. This technology is unique metallurgical qualities to the estimated the cost of compliance for this currently used at several industrial alloy and may necessitate additional category using a revised costing facilities and while we do not have surface treatment. The Agency, methodology. We have now estimated specific data on its cost, we do not therefore, plans to gather additional costs on a plant-by-plant basis for each expect this technology to be data on beryllium alloys and to re­ nonferrous metals forming discharger. significantly more costly than lime, propose effluent limitations guidelines The plant-by-plant cost estimates have settle and filter treatment. We invite and standards at a later date for been summed to derive subcategory and comments and additional data beryllium forming and beryllium alloy category totals. The Agency costed three concerning the costs and application of forming. Since companies that process levels of treatment: level 1 is lime and this technology. beryllium or beryllium-containing alloys settle end-of-pipe treatment and flow Sulfide precipitation is considered an tend to process a range of alloys at the normalization, level 2 has flow reduction effective treatment technology capable same plant, we believe this change will technologies and in-prócess controls in of achieving better removals for some benefit industry by regulating all additon to lime and settle treatment, and pollutants than hydroxide precipitation beryllium forming processes in the same level 3 adds a polishing filter to level 2. and is available to nonferrous metals category. In settlement of litigation Except for confidential data, these costs forming plants. A sulfide precipitation, challenging the copper forming appear in the public record for this settling and filter treatment system costs regulation (40 CFR Part 468), EPA has rulemaking. We invite comment on the approximately the same as a hydroxide agreed to propose to amend the revised costing methodology. percipitation, settling and filter applicability of the existing copper Using these plant-by-plant costs, we treatment system. Data on costs, as well forming regulation to exclude plants that have recalculated the total cost of as data on treatment effectiveness, for form beryllium copper from the present compliance for the nonferrous metals sulfide percipitation from nonferrous regulation, and to add a new forming category. In the proposal, the metals manufacturers and battery subcategory to the copper forming cost estimates for level 1 treatment for manufacturers which have been category that would apply to beryllium- the entire category were $7.8 million for incorporated into the nonferrous mqtals copper forming. If the data EPA receives capital investment and $4.6 million in forming record. indicate that pure beryllium forming and annual costs; comparable revised costs At one plant sampled after proposal, other beryllium alloy forming result in are $10.6 million (in 1982 dollars) in the Agency observed and sampled an similar discharges, EPA may include all capital costs and $6.8 million in annual organic solvent cleaning process that these discharges under the beryllium- costs. Proposed cost estimates for Level involves the generation of contaminated copper forming subcategory of copper 3 treatment (BAT and PSES) for the rinsewater. (This process was not forming. This change will affect plants entire category were $10.5 million for included in the proposal.) We are in the nonferrous metals forming Federal Register J Vol, 50, No, 23 / Monday, February 4, 1985 / Proposed Rules 4875

category and we specifically request DEPARTMENT OF TRANSPORTATION Qualified Member of the Engine comments on this readjustment of the Department and Tankerman, as well as categorization. Coast Guard the qualifications necessary for such The ratings as food handler, apprentice Agency is also considering 44SCFR Part 12 making some changes to the engineer, and apprentice mate. applicability of the precious metals [CGD 84-083] A number of problems and changes subcaiegory. As with beryllium, at have necessitated the total revision of proposal, an alloy was grouped in the Certification of Seamen Part 12. First, there are changes needed because of additions and amendments metal forming category or subcaiegory a g e n c y : Coast Guard, DOT. according to the principal metal, i.e, the to the statutes. This includes the a c t io n : Advance notice of proposed passage of the Sail Training Vessel Act metal that is present in the greatest rulemaking. of 1982, with its provision for Able amount. However, in the case of Seamen—Sail, the Commercial Fishing precious metals, this approach may not Su m m a r y : The Coast Guard is calling Industry Vessel Act of 1984, with its be for comments on the proposed total appropriate. The precious metals provision for Able Seamen—Fishing revision of 46 CFR Part 12, Certification producers and processors tend to Industry, and the recodification of Title of Seamen. This proposal contemplates consider as precious metals, alloys 46, Shipping with its numerous citation additional requirements, such as which would be out of the scope of the and language changes. Present physical examinations, mandatory proposed precious metals subcategory. regulations neither provide for these training, and drug/alcohol screening for For example, 8 karat gold alloy contains specialized ratings nor cite the current initial certification and retention of less than SO percent by weight of gold, statute. Merchant Mariners Documents. In the balance being mostly copper. Another problem was that many Therefore, 8 karat gold would not be addition, this revision will incorporate changes in the statutes, clarify policy persons were applying for, and included in the proposed precious and procedures, and improve the overall receiving, Merchant Mariner’s metals forming subcaiegory but would readability of the regulations. Documents without any real intent to instead be included in the copper use them for service aboard United forming category. Yet it is generally d a t e s : Comments should be submitted States flag vessels. This increased the considered a gold alloy by companies on or before June 1,1985, administrative burden on the Coast that process it. Additionally, there is a a d d r e s s e s : Comments should be Guard since permanent files are group of silver alloys that range from submitted to the; Executive Secretary, maintained on all document applicants about 40 to 60 percent silver that are Marine Safety Council (G-CMCJ, (CGD and holders. To control administrative considered to be silver alloys by the 84-088), US. Coast Guard Headquarters, costs, the Coast Guard adopted the use companies that process them and are 2100 Second Street SW„ Washington, of Temporary Certificates for Service/ D.C. 20593. Comments will be available processed in the same equipment as Identification in 1982. This policy is not for inspection at the Marine Safety alloys with a higher silver content currently discussed in the regulations. Council (G-CMC), Room 2110, (202) 426- Therefore, we intend to revise the Hie continuing trend of equipping 1477, between the hours of 8 a.m. and 4 applicability of the precious metals vessels with laborsaving devices on p.m„ Monday through Friday except deck and in the engineroom has had subcategory to include gold alloys that holidays. wide ranging efffects. This new contain 30 percent gold or greater and FOR FURTHER INFORMATION CONTACT: equipment has not only decreased the silver alloys that contain 30 percent Lt.jg. Sean T. Connaughion, Project numbers of personnel required for silver or greater. Since all of the plants Manager, Office of Merchant Marine vessel operation, but has impacted on that form these alloys were already at Safety (G-MVP), (202) 426-2240. the qualifications necessary to ensure least partially covered by the precious SUPPLEMENTARY INFORMATION: that the personnel aboard can perform metals forming subcategory, we believe Interested persons are invited to their jobs competently. The reduction in this change will simplify the application participate m this rulemaking by crew also implies the need for personnel of EPA regulations by regulating similar submitting written views, arguments and trained in a wide variety of qreas to alloys formed by the same plant in the data. Comments should Include the meet emergency situations. The current same subcategory. These alloys were name and address of the person making provisions for crew qualifications do not previously covered by the copper them, identify this Notice, give the take into account this trend toward high forming regulation or other specific section of the proposal to which technology vessel systems and reduced subcategories of the nonferrous metals the comment applies, and the reasons manning levels. forming category. for the comment. All comments received In the past, the Coast Guard has only The Agency intends to gather before expiration of the comment period addressed the problem of physical additional data on the chemical will be considered before final action is standards for mariners applying for characteristics of some uncharacterized taken on this Notice. No public hearing qualified ratings. The shipboard process waste streams. We also expect is planned at this stage of the environment is a harsh one and to visit and collect samples from one rulemaking process. Public hearings may emergencies at sea, especially medical emergencies, are magnified by the additional titanium forming plant These be held, however, after the Notice of distances to shoreside assistance. A data will be placed in the public record Proposed Rulemaking is published. seaman unfit to perform his duty or as they become available. Discussion unable to answer the emergency needs Dated: January 25,1985. The present regulations in Part 12 of a vessel is a danger to himself as well Jack JE. Ra van, contain procedures and requirements for as his shipmates. The dimensions of this the issuance of Merchant Mariner*s problem are currently increasing as non- Assistant Administrator for Water. Documents, the qualifications and sea watchstanding positions are being [FR Doc. 85-2750 Filed 2-1-85; 8:45 am) service necessary for the advanced eliminated from vessels. As a result, BILLING CODE 6560-50-M ratings of Able Seaman, Lifeboatman, marginally fit seamen who would 4876 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Proposed Rules normally be involved in a non­ Industry Vessel Act of 1984, Pub. L. 98- their duties. Although these standards watchstanding billet must be placed in 364. This endorsement for service on are too lengthy to: state here, it is watchstandihg positions that they may certain fish processing vessels, as adequate to say that SHIP does provide no longer be competent for. Also the delineated in 46 U.S.C. 7312, may be an exact and accurate picture of elimination of the Public Health obtained after six months of sea service individual seaman’s health and aptitude. Service’s marine hospitals and the onboard seagoing vessels of at least 15 Copies of the SHIP standards are increased use of private physicians for gross tons. available upon request from: Seafarers , required physical examinations has c. It is intended to include regulations Health Improvement Program, Executive created a situation in which many regarding the procedures for issuance of Secretary, 17 Battery Place, Suite 2233, required examinations are being Temporary Certificates of Service/ New York, New York 10004. Some conducted by persons not familiar with Identification. This will formalize questions to be considered are: Coast Guard standards or the maritime present policy into regulation. 1. Should the SHIP standards be environment. Since minimum standards d. It is intended to include the adopted or are there alternative are not specifically delineated in law or procedures for issuing foreign seamen standards that could be utilized? regulation, seamen are not being Merchant Mariner’s Documents for entry 2. Will adopting these standards properly screened. The problem of unfit ratings. This will reflect a recent benefit safety? personnel, specifically poor eyesight or interpretation of the statutes which 3. Should both retention and entry hearing, employed on vessels is broadened the parameters for foreigners standards be adopted? continuing to grow, especially since the to obtain documents. h. It is being considered whether to average age of the merchant mariner e. It is being considered whether to require retention physicals on a periodic community steadily moves upward. require certain basic training and basis. This is to better guarantee that Some seamen now possess Merchant qualifications for persons applying for seamen continué to be qualified to Mariner’s Documents with an original Merchant Mariner’s perform their normal duties, and ensure Document for entry ratings (Ordinary endorsements allowing employment in that the seamen are able to respond Seaman, Wiper and Steward positions with responsibilities that they effectively to emergency situations. Department). These qualifications are are not physically able to fulfill Some questions to be considered are: competently. believed necessary due to the 1. How often should the physicals be The growth in the use and abuse of emergency and normal routine given? narcotics and alcohol in society has requirements aboard vessels, especially 2. Should drug and/or alcohol drawn national attention to the safety those with reduced crewing levels, and screening be included? problems associated with persons under the need to familiarize novice seaman 3. Should complete physical the influence of such drugs. This safety with shipboard life to reduce personnel examinations be given, or only sight and problem is greatly increased aboard ship casualties. Some questions that need to and persons under the influence pose be considered are: sound tests? hazards to both ship and crew. 1. What type of training should be 4. Should there be separate standards Congress, in recognizing this, gave the required, i.e., topics, duration, classroom for the different ratings (i.e., Coast Guard the authority, in 46 United and/or field training, etc.? watchstanding ratings as opposed to States' Code 7503, to deny the issuance 2. Who should bear the cost of such non-watchstanding ratings)? of a Merchant Mariner’s Document to a training? i. The updating of the Qualified user or abuser of dangerous drugs. Until 3. Should physical examinations be Member of the Engine Department recent advances in drug screening required? (QMED) ratings is being considered in procedures were made, there was no 4. Should drug/alcohol screening be order to have the ratings reflect modem accurate method to test for such use or required? power plants and technology. Some abuse. f. Firefighting training is being ratings may be eliminated or Another problem involves Mobile considered as an inclusion in the qualifications changed, and some ratings Offshore Drilling Units (MODU). Recent requirements to obtain an original may be added in order to update the marine accidents point to the fact that Merchant Mariner’s Document or QMED rating to reflect the current needs these vessels are unique platforms and additional endorsements. This is of the industry. Some questions to be that their marine equipment is different designed to answer the increasing need considered are: from traditional ship systems. Present to have more qualified personnel to 1. What ratings need to be revised or regulations to not address the unique meet the emergency needs aboard all eliminated? characteristics of MODU operation. U.S. flag vessels. Some questions that 2. Should ratings be added and what need to be considered are: qualifications should they have? Proposal 1. What type of training should be 3. Should the entire unlicensed engine Because of the problems discussed required, i.e., topics, duration, classroom ratings be completely revised.to reflect above, the following revisions of 46 CFR and/or field training, etc.? the present automation and diesel Part 12 are being considered: 2. Should there be refresher training, trends? a. It is intended to include the and if so, what form should it take and j. It is intended to include the endorsement of Able Seaman—Sail. 1 at what time interval? endorsements of Able Seaman—Mobile This is necessary due to the passage of- 3. Who should bear the cost of such Offshore Unit and Lifeboatman—Mobile the Sail Training Vessel Act of 1982, training? Offshore Unit. These endorsements may Pub. L. 97-322. This endorsement for sail g. The Seafarers Health Improvement be obtained ¿after twelve months of sea training vessels may be obtained after Program (SHIP) standards for physical service and accompanying examination. six months of sea service on sail training examinations are being considered for These endorsements are designed to vessels of at leat 15 gross tons. use as Coast-Guard standards. These address the special needs and b. It is also intended to include the standards, developed by an industry environment aboard Mobile Offshore endorsement of Able Seaman—Fishing working group, are based on a thorough Units. Industry. This is necessary due to the analysis of the physical qualifications k. It is intended to generally update passage of the Commercial Fishing required of seamen to safely perform the regulations with new United States Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Proposed Rules 4877

Code citations, current terminology, and d a t e : Comments must be received on or ADDRESSES: Comments may be mailed comprehensible structure. before April 19,1985. to Director (LE), U.S. Fish and Wildlife It must be stressed that the Coast ADDRESSES: Comments should be Service, P.O, Box 28006, Washington, Guard hopes to elicit as many comments submitted to Commandant (G-CMC/24), D.C. 20005, or delivered weekdays to the as possible for the above items as well (CGD 84-027), U.S. Coast Guard, Division of Law Enforcement, U.S. Fish as any other suggestions or data that Washington, D.C. 20593. Comments may and Wildlife Service, 3rd Floor, 1375 K may be deemed appropriate for this be delivered and will be available for Street NW., Washington, D.C. between project. The Coast Guard is attempting inspection or copying at the Marine 7:45 a.m. and 4:15 p.m. Comments should to rectify identified problems and Safety Council (G-CMC/24), Room 2110, bear the identifying notation REG 14-02- address future trends and will consider U.S. Coast Guard Headquarters, 21000 002069. Comments received may be any alternative approaches offered. It is Second Street, SW., Washington, D.C. inspected weekdays during normal through revising Part 12 that the Coast 20593, (202) 426-1477 between the hours business hours at the Service’s Division Guard will make shipping in the of 7 a.m. and 4 p.m. Monday through of Law Enforcement-, 3rd Floor, 1375 K merchant marine safer, protecting the Friday, except holidays. Street NW., Washington, D.C. lives of seamen and the cargo or FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: By passengers that our vessels carry. Lieutenant Commander Robert R. Meeks The regulation published July 8,1983 (48 FR important items under (Staff Attorney), Office of Merchant consideration 31600) effective August 8,1963, the Fish are summarized as Marine Safety, (202) 426-1492, or (202) follows: and Wildlife Service amended entry level qualifications, entry 426-1493. Normal office hours are level and regulations concerning falconry permits retention physical between 7 a.m. and 3:30 p.m. Monday examinations (50 CFR 21.28), Federal falconry for all mariners (including through Friday, except holidays. drug/alcohol testing), firefighting standards (50 CFR 21.29), a special training for all mariners, the adoption of Dated: January 30,1985. purpose raptor propagation permit (50 SHIP standards for physical Clyde T. Lusk, Jr., CFR 21.27), and creating a new raptor examinations and the revision of Rear Admiral, U.S. Coast Guard, Chief, Office propagation permit (50 CFR 21.30). Qualified Member of the Engine o f Merchant Marine Safety. Pursuant to these amended regulations Department ratings. [FR Doc. 85-2812 Filed 2-1-85; 8:45 am] raptor propagators and most falconers BILLING CODE 4910-14-M could purchase, sell, or barter captive- List of Subjects in 46 CFR Part 12 bred raptors, including raptors Seamen. otherwise “exempt” from such activities DEPARTMENT OF THE INTERIOR Authority vs: by virtue of protections under the Endangered Species Act of 1973 and the The proposed revisions are to be Fish and Wildlife Service Migratory Bird Treaty Act. During the made under the authority of 46 U.S.C. 50 CFR Part 21 comment period, the Fish and Wildlife 2103-2104; 46 U.S.C. 7301-7319; 46 U.S.C, Service received numerous comments 7501-7503; 46 U.S.C. 7701-7705; 46 U.S.C. Review of Regulations Implementing concerning effects of implementation of 8701-8703; and 49 CFR 1.46. the Endangered Species Act the proposed rule. Clyde T. Lusk, Jr., Exemption for Certain Raptors; Raptor In accordance with its responsibilities Rear Admiral, U.S. Coast Guard, Chief, O ffice Propagation Permits; Federal Falconry to protect wildlife, including raptor of Merchant Marine Safety. Standards; Extension of Comment species, the Fish and Wildlife Service January 30,1985. Period will review the regulations governing the [FR Doc. 85-2811 Filed 2-1-85; 8:45 am] possession, sale, purchase, barter, and a g e n c y : Fish and Wildlife Service, BILLING CODE 4910-14-M use of raptors. In particular the Fish and Interior. Wildlife Service solicited public, a c t i o n : Notice of extension of the comment concerning its review of Coast Guard comment period. regulations published in 50 CFR Part 21. Numerous comments have been 46 CFR Part 87 s u m m a r y : The Service published a Notice of Intent and request for received requesting an extension of time tCGD 8 4 -0 2 7 ] comments January 4,1985 (50 FR 518) in order to allow the public to concerning its review of regulations participate more fully in the proposed Documentation of Vessels published in 50 CFR Part 21, in review. The Service believes these requests to be reasonable and extends agen cy: Coast Guard, DOT. particular amended regulations concerning falconry permits (50 CFR the comment period an additional one action: Notice of proposed rulemaking; 21.28), Federal falconry standards (50 hundred twenty days. extension of comment period. CFR 21.29), a special purpose raptor FOR FURTHER INFORMATION CONTACT: Summary: The Coast Guard published a propagation permit (50 CFR 21.27), and Kathleen King, Branch of Investigations, notice of proposed rulemaking (49 FR creating a new raptor propagation Division of Law Enforcement, Fish and 45623) on November 19,1984 concerning permit (50'CFR 21.30). Written public Wildlife Service, U.S. Department of thè changes pertaining to the marking of comments were solicited to be received Interior, P.O. Box 28006, Washington, vessels documented under the laws of by February 4,1985. Comments have D.C. 20005, telephone (202) 343-9242. the United States. Public comments been received requesting additional time Dated: January 29,1985. were invited by February 19,1985. A for comments. The Service therefore is request has been received for an extending the comment period on the Susan Recce, extension of the comment period. In proposed rule to allow the public an Assistant Secretary for Fish and Wildlife and consideration of the request, the closing opportunity to comment fully. Parks. date for comments is extended to the d a t e : Written comments on the [FR Doc. 85-2721 Filed 2-1-85; 8:45 am] close of business on April 19,1985, proposed review are due on June 4,1985. BILUNG CODE 4310-55-M 4878 Notices Federal Register Vol. 50, No. 23 Monday, February 4, 1985

This section of the FEDERAL REGISTER FmHA in advance, if possible. It will Any person or organization desiring to contains documents other than rules or also be possible at the start of the present formal comments or remarks proposed rules that are applicable to the meeting to make arrangements to speak. during the meeting should contact public. Notices of hearings and Time will be available during the FmHA in advance, if possible. It will investigations, committee meetings, agency meeting to informally present brief, also be possible at the start of the decisions and rulings, delegations of meeting to make arrangements to speak. authority, filing of petitions and general remarks or pose questions. applications .and agency statements of Additionally, a 30-day period for the Time will be available during the organization and functions are examples submission of written comments will meeting to informally present brief, of documents appearing in this section. follow the meeting. general remarks or pose questions. Dated: January 28,1985. Additionally, a 30-day period for the Glendon D. Deal, submission of written comments will follow the meeting. DEPARTMENT OF AGRICULTURE Acting Director, Program Support Staff. [FR Doc. 85-2818 Filed 2-1-85; 8:45 am] January 25,1984. Farmers Home Administration BILLING CODE 3410-07-M David J. Howe, Director, Program Support Staff. Natural Resources Management Guide [FR Doc. 85-2816 Filed 2-1-85; 8:45 am] Meeting; Phoenix, AZ Natural Resource Management Guide BILLING CODE 3410-07-M Meeting; Woodland, CA AGENCY: Fanners Home Administration, USDA. AGENCY: Farmers Home Administration, Natural Resource Management Guide a c t i o n : Notice of meeting. USDA. - Meeting; Dover, DE a c t io n : Notice of meeting. s u m m a r y : The Farmers Home AGENCY: Farmers Home Administration, Administration (FmHA) State Office SUMMARY: The Farmers Home USDA. located in Phoenix, Arizona, is Administration (FmHA) State Office a c t io n : Notice of meeting. announcing a public information located in Woodland, California, is meeting to discuss its draft Natural announcing a public information SUMMARY: The Farmers Home Resource Management Guide. meeting to discuss its draft Natural Administration (FmHA) State Office DATES: Meeting on February 15,1985, Resource Management Guide. located in Dover, Delaware is 2:00 p.m. to 4:00 p.m. DATES: Meeting on February 12,1985, announcing a public information Comments must be received no later 2:00 p.m. to 4:00 p.m. meeting to discuss its draft Natural than March 18,1985. Comments must be received no later Resource Management Guide. ADDRESSES: Meeting location at Farmers than March 14,1985. DATES: Meeting on February 20,1985, Home Administration Suite 275, 201 East ADDRESSES: Meeting location at Farmers 10:00 a.m. to 12:00 p.m. Indianola, Phoenix, Arizona. Comments must be received no later Written comments and further Home Administration Conference Room, than March 22,1985. information will be addressed to: State 459 Cleveland Street, Woodland, Director, FmHA, Suite 275, 201 East California. a d d r e s s e s : Meeting location at FmHA Indianola, Phoenix, Arizona 85012 (602) Written comments and further State Office, 2319 South Dupont 241-5086. information will be addressed to: State Highway, Dover, Delaware. All written comments will be Director, FmHA, 459 Cleveland Street, Written comments and further available for public inspection during Woodland, California 95695 (916) 666- information will be addressed to: State regular work hours at the above 3382. Director, FmHA, 2319 South Dupont address. All written comments will be Highway, Dover, Delaware 19901 (302) 697-9530. SUPPLEMENTARY INFORMATION: FmHA’s available for public inspection during All written comments will be Arizona State Office has prepared a regular work hours at the above available for public inspection during draft Natural Resource Management address. regular work hours at the above Guide. The Guide is a brief document SUPPLEMENTARY INFORMATION: FmHA’s describing the major environmental California State Office has prepared a address. standards and review requirements that draft Natural Resource Management SUPPLEMENTARY INFORMATION: FmHA'S have been promulgated at the Federal Guide. The Guide is a brief document Delaware State Office has prepared a and State levels and that affect the describing the major environmental draft Natural Resource Management financing of FmHA activities in Arizona. standards and review requirements that Guide. The Guide is a brief document The purpose of the meeting is to discuss have been promulgated at the Federal describing the major environmental the Guide as well as to consider and State levels and that affect the standards and review requirements that comments and questions from interested financing of FmHA activities in have been promulgated at the Federal parties. Copies of the Guide can be California. The purpose of the meeting is and State levels and that affect the obiained by writing or telephoning the to discuss the Guide as well as to financing of FmHA activities in above contact. consider comments and questions from Delaware. The purpose of the meeting is Any person or organization desiring to interested parties. Copies of the Guide to discuss the Guide as well as to present formal comments or remarks can be obtained by writing or consider comments and questions from during the meeting should contact telephoning the above contact. interested parties. Copies of the Guide Federai Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 487 can be obtained by writing or also be possible at the start of the Type of request: Revision of a currently telephoning the above contact. meeting to make arrangements to speak. approved collection Any person or organization desiring to Time will be available dining the Burden: 2,500 respondents; 625 reporting present formal comments or remarks meeting to informally present brief, hours during the meeting should contact general remarks or pose questions. Needs and uses: Thousands of U.S. FmHA in advance, if possible. It will Additionally, a 30-day period for the firms produce products that are also be possible at the start of the submission of written comments will marketable overseas but have never meeting to make arrangements to speak. follow the meeting. exported. The purpose of the Export Time will be available during the Dated: January 28,1985. Trading Company Act of 1982 is to meeting to informally present brief, Glendon D. Deal, increase United States exports of general remarks or pose questions. Acting Director, Program Support Staff. products and services by encouraging Additionally, a 30-day period for the [FR Doc. 85-2817 Filed 2-1-85; 8:45 am] more efficient export trade services to submission of written comments will U.S. producers and suppliers. Section follow BILUNG CODE 3410-07-M the meeting. 104 of the Act directs Commerce to Dated: January 29,1985, provide such a service. As a result, Glendon D. Deal, Commerce developed the Contact DEPARTMENT OF COMMERCE Acting Director, Program Support Staff. Facilitation Service and the information [FR Doc. 85-2820 Filed 2-1-85; 8:45 am] Agency Forms Under Review by the collected is used to help provide this BILLING CODE 3410-07-M Office of Management and Budget service. (OMB) Affected public: State or local governments, businesses or other for- Natural Resource Management Guide DOC has submitted to OMB for profit institutions, small businesses or Meeting; Orano, ME clearance the following proposals for organizations. collection of information under the Frequency: On occasion, annually. AGENCY: Farmers Home Administration, provisions of the Paperwork Reduction Respondent’s obligation: Required to ÜSDA. Act (44 U.S.C. Chapter 35). obtain or retain a benefit. ACTION: Notice of meeting. Agency: International Trade OMB Desk Officer: Sheri Fox, 395- summary: The Farmers Home Administration 3785. Administration (FmHA) State Office Title: Consumption (Usage) and Copies of the above information located in Orono, Maine, is announcing Reclaiming of Industrial Diamond and collection proposals can be obtained by a public information meeting to discuss Cubic Boron Nitride in 1984 calling or writing DOC Clearance its draft Natural Resource Management Form number: Agency—ITA-992; Officer, Edward Michals (202) 377-4217, Guide. OMB—N/A Department of Commerce, Room 6622, dates: Meeting on February 19,1985, Type of request: New collection 14th and Constitution Avenue, N.W., 9:00 a.m. to 11:00 a.m. Burden: 370 respondents; 555 reporting Washington, D.C. 20230. Comments must be received no later hours Written comments and than March 21,1985. Needs of uses: The information recommendations for the proposed ADDRESSES: Meeting location at USDA collected from producers of diamond information collections should be sent to Office Building, Orono, Maine. dies (natural and synthetic) is required Sheri Fox, OMB Desk Officer, Room Written comments and further in support of mobilization preparedness 3235, New Executive Office Building, information will be addressed to: State responsibilities assigned to the Washington, D.C. 20503. Director, FmHA, USDA Office Building, Department of Commerce under the Dated: January 30,1985. Orono, Maine 04473 (207) 866-4929. Defense Production Act as amended, to Edward Michals, All written comments will be manage the supply and production of Departmental Clearance Officer. available for public inspection during diamond dies (natural and synthetic). [FR Doc. 85-2815 Filed 2-1-85; 8:45 am] regular work hours at the above The Federal Emergency Management BILUNG CODE 3510-CW-M address. Agency uses the data for its SUPPLEMENTARY INFORMATION: management of the Strategic and Critical Materials Stockpile, and for FmHA’s Maine State Office has DEPARTMENT OF THE DEFENSE applications of Title III of the Defense Production Act of 1950. The Department Office of the Secretary of Commerce uses the data in support of its industrial mobilization planning President’s Chemical Warfare Review preparedness programs. Commission; Meetings Affected public: Businesses or other for-profit institutions, small businesses In accordance with section 10(a)(2) of or organizations. the Federal Advisory Committee Act Frequency: Triennially. (Pub. L. 92-463), announcement is made Respondent’s Obligation: Mandatory. of the following Committee Meeting. OMB Desk Officer: Sheri Fox, 395- Name of the committee: President’s 3785. Chemical Warfare Review Commission Agency:*Intemational Trade (CWRC). Administration Dates of meeting: Tuesday, February Title: Export Trading Companies 19,1985 through February 22,1985. Contact Facilitation Service Time of meeting: Form number: Agency—ITA-4094P; 0930-1600—19 February (Open) OMB-0625-0120 0830- jl630—20 February (Open) 4880 Federal Register / VoL 50, No. 23 / Monday, February 4, 1985 / Notices

0830-1730—21 February (Open) SUPPLEMENTARY INFORMATION: The Agenda: The Army Science Board 0830-1730—22 February (Open) entire meeting is devoted to the Steering Committee will meet for Place: discussion of classified information as discussions on membership taskings, 19-20 February, Washington, D.C. defined in Section 552b(c)(l), Title 5 of functional subgroup operations, and • 21-22 February, Ft. Benning, GA the U.S. Code and therefore will be future study efforts. This meeting is closed to the public. Subject matter will Agenda: The President’s Chemical open to the public. Any interested be used in a special study on Advanced Warfare Review Commission (CWRC) person may attend, appear before, or file Air Defense. will hold its initial meetings and take a statements with the committee at the field trip to Ft. Benning, GA during this Dated: January 30,1985. time and in the manner permitted by the period. The ÇWRC will receive Patricia H. Means, committee. The ASB Administrative background briefings including an OSD Federal Register Liaison Officer, Officer, Sally Warner, may be contacted overview of the issues to be addressed Department o f Defense. for further information at (202) 695- by the Commission, chemical warfare [FR Doc. 85-2778 Filed 2-1-85; 8:45 am] 3039/7046. (CW) history, current CW policies, and BILLING CODE 3810-01-M Sally A. Warner, participate in a field trip as follows: Administrative Officer, Army Science Board Tuesday, 19 February 1985 [FR Doc. 85-2780 Filed 2-1-85; 8:45 am] —Morning Session—Charge to Commission, Defense Intelligence Agency Scientific BILLING CODE 3710-08-M Opening Statement and Introduction to CW Advisory Committee; Closed Meeting —Afternoon Session—(Continue) Introduction to CW s u m m a r y : Pursuant to the provisions of Wednesday, 20 February 1985 Subsection (d) of Section 10 of Pub. L Army Science Board; Closed Meeting 92-463, as amended by Section 5 of Pub. —Morning Session—What is CW? Briefings on CW Agents and CW History L. 94-409, notice is hereby given that a In accordance with Section 10(a)(2) of —Afternoon Session—(Continue) CW closed meeting of a panel of the DIA the Federal Advisory Committee Act History; additional briefings on Military Scientific Advisory Committee has been (Pub. L. 92-463), announcement is made Advantages and Biotechnology . changed as follows: The 24 April 1985 of the following Committee Meeting: meeting has been rescheduled to: Thursday and Friday 21-22 February 1985 Name of the Committee: Army DATE: 18 April 1985, 9:00 a.m. to 5:00 p.m. Field trip to Ft Benning, GA Science Board (ASB). ADDRESS: The DIAC, Washington, DC. Dates of meeting: Tuesday-Thursday, The meetings are open to the public. 20336. 26-28 February 1985. Any person may attend and/or file FOR FURTHER INFORMATION CONTACT: Times of Meeting: 0830-1700 hours, 26 requests to appear before the Board or Major Harold E. Linton, USAF, & 27 February (Closed) (full panel); file statements with the Board at the Executive Secretary, DIA Scientific time said in the manner permitted by the 0830-1200 hours, 28 February (Closed) Advisory Committee, Washington, D.C. (subpanel chairs). Board. The Board Staff Manager, LtCol 20301 (202/373-4930). Frank Sisti, may be contacted for further Place: The Pentagon, Washington, information at (202) 695-1097. SUPPLEMENTARY INFORMATION: The entire meeting is devoted to the D.C. Joseph P. Northrop, discussion of classified information as Agenda: The Army Science Board Acting Staff Manager, Presidential Review, defined in Section 552b(c)(l), Title 5 of 1985 Summer Study Panel on Manpower Commission on Chemical Warfare Implications of Logistic Support for Deterrence. the U.S. Code and therefore will be closed to the public. Subject matter will Army 21 will meet to organize the study [FR Doc. 85-2842 Filed 2-1-85; 8:45 am] be used in a special study on future panel, receive background briefings, and BILLING CODE 3713-08-M initiatives in emergency planning. plan future meetings to include the final Dated: January 30,1985. 2-week working session in August. This DEPARTMENT OF DEFENSE Patricia H. Means, follow-on to the 1984 Summer Study on OSD Federal Register Liaison Officer, Technology to Improve Logistics and Defense Intelligence Agency Scientific Department o f Defense. Weapon Support for Army 21 will focus Advisory Committee; Closed Meeting [FR Doc. 85-2779 Filed 2-1-85; 8:45 am] on facilitating the battalion task force’s BILUNG CODE 3810-01-M mission. This meeting will be closed to s u m m a r y : Pursuant to the provisions of the public in accordance with Section Subsection (d) of Section 10 of Pub. L. 552b(c) of Title 5, U.S.C., specifically 92-463, as amended by Section 5 of Pub. subparagraph (1) thereof, and Title 5, L. 94-409, notice is hereby given that a Department of the Army U.S.C., Appendix 1, subsection 10(d). closed meeting of a panel of the DIA The classified and nonclassified matters Scientific Advisory Committee has been Army Science Board; Open Meeting to be discussed are so inextricably changed as follows: The 7 March 1985 meeting has been rescheduled to: In accordance with Section 10(a)(2) of intertwined so as to preclude opening any portion of the meeting. The ASB DATES: 4 March 1985, 9:00 a.m. to 5:00 the Federal Advisory Committee Act Administrative Officer, Sally Warner, p.m. (Pub. L. 92-463), announcement is made of die following Committee Meeting: may be contacted for further a d d r e s s : The DIAC, Bolling AFB, D.C. Name of the Committee: Army information at (202) 695-3039 or 695- 20336. Science Board (ASB). 7046. FOR FURTHER INFORMATION CONTACT: Dates of meeting: Thursday, 21 Major Harold E. Linton, USAF, February 1985. Sally A. Warner, Executive Secretary, DIA Scientific Time: 1330-1630 hours (Open). Administrative Officer, Army Science Board. Advisory Committee, Washington, D.C. Place: The Pentagon, Washington, [FR Doc. 85-2781 Filed 2-1-85; 8:45 am] 20301(202/373-4930). D.C. BILLING CODE 3710-08-M Federal Register / VoJL 3D, No. 23 / Monday, February 4, i985 / Notices 4881

Department of the Navy Chief of Naval Operations Executive quality of elementary and secondary Panel Advisory Committee, education by influencing teacher Naval Discharge Review Board; Technology Transfer Task Force; recruitment and teacher personnel Hearing Locations Closed Meeting systems, and by making the teaching profession more attractive to a wider Pursuant to the provisions of the range c f talented individuals. Authority to November 1975, the Naval Federal Advisory Committee Act (5 for this program is contained in section Discharge Review Board commenced to U.S.C. App.J, notice is hereby given that 583 of the Education Consolidation and convene and conduct prescheduled the Chief of Naval Operations (CNOJ Improvement Act of 1981 (ECIA) (20 discharge review hearings for a number Executive Panel Advisory Committee U.S.C. 3851). of days each quarter in locations outside Technology Transfer Task Force will of the Washington, D.C., area. The cities meet February 20 and 21,1985, from 9 Closing Date for the Transmittal of in which these hearings are scheduled a.m. to 5 p.m. each day, at 2000 North Applications are determined in part by the Beauregard Street, Alexandria, Virginia. concentration of applicants in a All sessions will be closed to the public. An application for a grant must be geographical area. The purpose of this meeting is to mailed or hand-delivered by April 15, The following NDRB itinerary for review technology transfer policy and 1985. January 1985 through May 1985 has bean issues. The entire agenda for the Program information approved, but remains subject to meeting will consist of discussions of modification if required: key issues related to technology transfer The ECIA was enacted as Title V of the Omnibus Budget Reconciliation Act 22 through .30 January 1985, San in the national security context the of 1981 (Pub. L. 97-35). The ECIA has Francisco/San Diego, California appropriate Navy role in that process, two principal purposes: Chapter 1 15 through 19 April 1985, Chicago, and related intelligence. These matters constitute classified mformation that is provides financial assistance to State Illinois specifically authorized by Executive and local educational agencies to meet 6 through 10 May 1985, Dallas, Texas order to be kept secret in the interest of the special needs of educationally Any former member of the Navy or national defense and is, in fact proper^ deprived children, and Chapter 2 Marine Corps who desires a discharge classified pursuant to such Executive consolidates 28 elementary and review, either in Washington, D.CL, or in order. Accordingly, the Secretary ©f the secondary level education grant a city nearer to their residence, should Navy has determined in writing that the programs funded in Fiscal Year 1981 into file an application with the Naval public interest requires that all sessions a single authorization of grants to States Discharge Review Board using DO Form of the meetings foe closed to the public for the same purposes set forth in fee 293. If a personal appearance is because they will foe concerned with programs consolidated. requested, the petitioner should enter on matters listed in section 552b(cl(l) of Section 583(a) of Chapter 2 authorizes the application the hearing location title 5, United States Code. the Secretary to carry out directly, or which is preferred. Application forms For further information concerning through grants or contracts, projects (DD 293j) may be obtained from, and the this meeting, contact Lieutenant Thomas that: (1) Provide a national source for completed application should be mailed E. Arnold, Executive Secretary of the gathering and disseminating information to, the following address: Naval CNO Executive Panel Advisory on fee effectiveness of programs Discharge Review Board, Suite 905,801 Committee, 2000 North Beauregard designed to meet fee special educational North Randolph Street, Arlington, Street, Room 392, Alexandria, Virginia needs of educationally deprived Virginia 22203-1989. 22311. Phone (7031 756-1205. children and others served by fee ECIA, Notice is hereby given that, since the Dated: January 29,1985. (2) cany otrt research and foregoing itinerary is subject to William F. Roes, Jr., demonstrations related to fee purposes modification and since, following receipt of the ECIA; (3) are designed to improve of a new application, the Naval Lieutenant, JAGC, EM.¡Naval Reserve, Federal Register Liaison Officer. the training of teachers and other Discharge Review Board must obtain the instructional personnel needed to cany applicant’s military records before a JFR Doc. 85-2758 Filed 2-1-85: .8:45 am] BILUNG CODE 3810-AE-M out the purposes of the ECIA; or (4) are hearing may be scheduled, the designed to assist Stale and local submission of an application to the educational agencies in the Naval Discharge Review Board is not DEPARTMENT OF EDUCATION implementation of programs under the tantamount to scheduling a hearing. ECIA. Applicants and representatives will be Application Notice for the Secretary’s mailed a notification of the date and Discretionary Program— Planning Eligible Applicants place of their hearing when personal Grants To Develop Teacher Incentive State and local educational agencies, appearance has been requested. Structures institutions of high«’ education, and For further information concerning the other public and private agencies, a g e n c y : Department of Education. NDRB, contact: Captain R.A. Ways, UJS. organizations, and institutions may Navy, Executive Secretary, Naval a c t i o n : Application notice for the apply for a grant An applicant may Discharge Review Board, Suite 905, 801 transmittal of applications for fiscal apply singly or jointly wife another North Randoph Street, Arlington, year 1985. eligible applicant, as provided in 34 CFR Virginia 22203-1989, (202) 696-4881. s u m m a r y : The Secretary of Educa tion 75.127 through 75.129. Dated: January 29,1985. (the Secretary), under the Secretary’s Applicable Regulations William F. Rods, Jr,, Discretionary Program for Fiscal Year lieutenant, JA GC, U.S. N aval Reserve, 1985, announces a grant competition and Regulations applicable to this program Federal Register Liaison Officer. invites applications for new grants for include the following: [FR Doc. 85-2759 Filed 2-1-85; 8:45 amj planning projects to develop teacher (a) Final regulations for fee SILUNG CODE 3810-AE-M incentive structures to improve the Secretary’s Discretionary Program, to foe 4882 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices codified in 34 CFR Part 760, published FR 52368, November 19,1982) as a guide April 15,1985. An applicant must show October 26,1984 [49 FR 43226). to the extent and nature of the required one of the following as proof of mailing: (b) Any final annual priority, adopted consultation with private school officials (a) A legibly dated U.S. Postal Service by the Secretary. A notice of the and the required provision of benefits to Postmark. proposed annual funding priority, for the private school children. (b) A legible mail receipt with the date Secretary’s Decretionary program— of mailing stamped by the U.S. Postal Planning Grants to Develop Teacher Length of Awards Service. Incentive Structures—is published in Applicants may apply for funding for this issue of the Federal Register. a project from 6 to 12 months in (c) A dated shipping label, invoice, or Applicants should prepare their duration. receipt from a commercial carrier. applications based on the proposed (d) Any proof of mailing acceptable to priority. If there are any substantive Available Funds U.S. Secretary of Education. changes made in this proposed priority It is estimated that up to 75 awards If an application is sent through the when published in final form, applicants will be made for $10,000 to $20,000 each. U.S. Postal Service, the Secretary does will be given the opportunity to amend This estimate assumes that applications not accept the following as proof of or resubmit their applications; and of satisfactory quality will be received. mailing: (1) A private metered postmark; (c) The Education Department This estimate does not bind the (2) a mail receipt that is not dated by the General Administrative Regulations Department of Education to a specific U.S. Postal Service. (EDGAR) (34 CFR Parts 74, 75, 77 and number of grants or to the amount of An applicant should note that the U.S. 78). any grant unless that amount is Postal Service does not uniformly Selection Criteria otherwise specified by statute or provide a dated postmark. Before relying regulations. on this method, an applicant should (a) In evaluating applicants, the Pursuant to a Congressional directive check with its local post office. Secretary will use the selection criteria in the conference report accompanying An applicant is encouraged to use contained in § 760.31 of the regulations. the Department’s fiscal year 1985 The maximum possible points for all the registered or at least first-class mail. appropriation act (which is incorporated Each applicant whose grant application criteria is 100 points, and the minimum by reference in the 1985 continuing value assigned by the regulations for does not meet the closing date in this resolution), the Department plans to use notice will be notified that the each criterion is as follows: fiscal year 1985 Secretary’s > (1) Plan of operation. (20 points) application will not be considered and Discretionary Program funds to support that the application will be returned. (2) Quality of key personnel. (15 1984 projects that have not received the Application Delivered by Hand. An points) full amount of their funding application that is hand-delivered must (3) Budget and cost effectiveness. (5 commitments due to the freeze on fiscal points) be taken to the U.S. Department of year 1984 funds imposed as a result of (4) Evaluation plan. (5 points) Education, Application Control Center, ongoing litigation in United States v. (5) Adequacy of resources. (5 points) Regional Office Building 3, Room 5873, Board of Education of the City of (6) Improving elementary and 7th and D Street, SW., Washington, D.C. Chicago. At such time as the fiscal year secondary education. (10 points) 20202. (7) National significance. (15 points) 1984 firnds are released by the District Court, accounting adjustments will be The Application Control Center will (8) Applicant’s commitment and accept a hand-delivered application capacity. (10 points) made so that 1985 grants can be awarded using fiscal year 1985 funds. fietween 8:00 a.m. and 4:30 p.m., (b) Furthermore, the proposed Washington, D.C. time,,daily except regulations authorize the Secretary to Application Information Saturdays, Sundays, and Federal distribute an additional 15 points among Applications are required to be Holidays. An application that is hand- the criteria listed in the proposed delivered will not be accepted after 4:30 regulations. prepared and submitted in accordance p.m. on April 15,1985. The Secretary will distribute these with 34 CFR Part 75. Application forms additional points as follows: may be obtained by writing to: Office of FOR FURTHER INFORMATION CONTACT. (1) Plan o f operation. 10 additional the Secretary, U.S. Department of Dr. Thomas E. Enderlein, Office of the points will be added for a possible total Education, 400 Maryland Avenue, SW., Secretary, U.S. Department of of 30 points. Room 4181, Washington, D.C. 20202. Education, 400 Maryland Avenue, SW., (2) Quality o f key personnel. 5 The Secretary requires an applicant to Room 4181, Washington, D.C. 20202. additional points will be added for a submit an original and two copies of its Telephone: (202) 472-1762. application to the above address, and possible total of 20 points. (20 U.S.C. 3851) (c) The Secretary uses the procedures the Secretary strongly urges that the (Catalog of Federal Domestic Assistance contained in § 75.217 of EDGAR to narrative portion of the application not 84.122 Secretary’s Discretionary Program) select applications for funding. exceed 10 pages in length. Dated: January 30,1985. Private School Children Participation (Approved OMB Number 1880-0505, Expiration Date 9/85.) Gary L. Jones, To receive a grant under the Acting Secretary o f Education. Instructions for Transmittal of competition described in this notice, a [FR Doc. 85-2806 Filed 2-1-85; 8:45 am] lpcal educational agency must comply Applications BILLING CODE 4000-01-M with the provisions of section 586 of the Applications Delivered By Mail. An ECIA, governing equitable participation application sent by mail must be of private school children in the addressed to the Department of Secretary’s Discretionary Program; purposes and benefits of Chapter 2. Education, Application Control Center, Planning Grants To Develop Teacher Applicants are referred to the Attention: 84:122A, Washington, D.C. Incentive Structures regulations implementing Chapter 2 of 20202. Applications will be accepted the ECIA codified at 34 CFR Part 298 (47 only if they are mailed on or before AGENCY: Department of Education. Federal Register / Vot. 50, Mo. 23 / Monday, February 4, 1985- / Notices 4883

ACTION: Notice of proposed annual salaries four the teaching profession be In other words, the grants would be funding priority and required activities professionally competitive, market- intended to assist in the development of for fiscal year 1985. sensitive, and performance based. The incentive structure plans to be Report further recommended that school sum m ary: implemented in a particular local school The Secretary proposes an officials and teachers cooperate to annual funding priority for planning district or districts. The incentive develop career ladders for teachers structure being planned would also have grants to be funded under the which distinguish among the beginning Secretary’s Discretionary Program. The to include staff development and in- instructor, the experienced teacher, and service training and would have to Secretary proposes to reserve funds for the master teacher. the development of plans for teacher provide for collecting and reporting incentive structures designed to improve Funding Priority results and for making information available to other school districts. The the quality of elementary and secondary To address the need to improve the education. quality of elementaiy and secondary Secretary proposes to encourage the DATE: Comments must be received on or teaching and to stimulate interest in this submission of applications that will before March 6,1985. area, the Secretary proposes to reserve affect or have the potential to affect ad d r esses: Comments should be funds under the Discretionary Program large numbers of elementary and addressed to the Office of the Secretary, for the development of teacher incentive secondary students and teachers in a U.S. Department of Education, 400 structures. These planning.grants would single setting. Planning of the incentive Maryland Avenue SW., Room 4181, be intended to assist in the development structures would have to be conducted Washington, D.C. 20202. of plans for teacher incentive structures with the participation of appropriate FOR FURTHER INFORMATION CONTACT: to improve the quality of elementary and interested local groups. The Secretary Dr. Thomas -E. Endeiiein, Office of the secondary level teaching by influencing proposes to encourage activities aimed Secretary. Telephone: $202) 472-1762. teacher recruitment and teacher at achieving wide support for the final SUPPLEMENTARY INFORMATION: personnel systems, and by making the plan from high-level school officials and teaching profession more attractive to a commitment from the various interested Program Information wider range of talented individuals. local groups, including support from the The Education Consolidation and Funds for this competition are private sector. Improvement Act of 1981 (ECIA) (20 reserved only for the costs o f developing The Secretary proposes to encourage U.S.C. 38511) was enacted as Title V of teacher incentive plans, not for the cost collaboration with institutions of higher die Omnibus Budget Reconciliation Act of implementing such plans. education in the planning and of 1981 (Pub. L. 97-35). The ECIA has Furthermore, pursuant to 34 CFR development of teacher incentive 760.10(b), funds provided for these two principal purposes: Chapter 1 structures. An appropriate university for planning grants may not be used as provides financial assistance to State such collaboration would be one, for general operating revenue to meet local and local educational agencies to meet example, that pays its faculty on a merit the special needs of educationally needs of any applicant. For these reasons, funds awarded under this basis and that uses peer review, faculty deprived children, and Chapter 2 participation, and objective criteria in consolidates 28 elementary and competition may not be used to pay evaluating faculty members. The secondary level education grant salaries, merit pay increases or bonuses purpose of this collaboration would be programs funded in Fiscal Year 1981 into for classroom teachers. to enable the applicant/plarmer to learn a single authorization of grants or Activities contracts, programs and projects that: from the university’s experience with (1) Provide a national source for The Secretaiy proposes to require career ladders as well as to promote gathering and disseminating information certain activities as a condition of interest, on the part of the university, in on the effectiveness of programs funding under this priority. The teacher the need for teacher incentive structures designed to meet the special educational incentive structure to be planned would at the elementary and secondary level. needs of educationally deprived have to combine a well-specified An example of a career ladder plan is children and others served by ECIA, and teacher evaluation system, which may one that would enable an outstanding for assessing the needs of such include peer judgement arrangements, teacher to progress along a career individuals; (2) carry out research and with one or more of the following ladder that has clearly specified levels demonstrations related to the purposes elements: or teaching positions. Each successive of the ECIA; (3) are designed to improve —Pay differentials based on a merit pay level or position would be distinguished the training of teachers and other system, that is, one in which limited by increasing teacher responsibilities instructional personnel needed to carry numbers of teachers could qualify for and opportunties while the teacher out the purposes of the ECIA; or (4) are the highest payment would be maintaining superior designed to assist State and local —A career ladder structure that dearly classroom performance. Analogous to educational agencies in the specifies successive labels or teaching the system used in higher education, implementation of programs under the positions analogous to the system progress from one level to the next ECIA. used in higher education. would be based on an evaluation system —Nonsalary forms of recognition for The Secretary has determined that that includes peer review, teacher certain unmet national needs exist superior teaching or contribution to participation, and objective criteria. within the scope of the Discretionary the improvement of the overall Program. More specifically, the National instructional program. The Secretay proposes to require that the plan developed be submitted to the Commission on Excellence in Education The Secretary proposes to require that has identified improving the quality of the incentive structure be developed by, U.S. Department of Education for elementary and secondary level or in conjunction with, a focal school dissemination upon request. Funding for teaching through incentives as an urgent district,, and to be suitable to be used as projects under these grants would be national educational need. The Repeal a model for implementation by other limited to the cost of developing a of the Commission recommended that States or by other local school districts. workable plan. 4884 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices

Invitation to Comment (a) S tep 1. Instructions for Transmittal of Interested persons are invited to Determine the average bond Applications equivalent rate of the 91-day Treasury submit comments and recommendations Applicants should note specifically regarding the proposed priority. Written bills auctioned during the quarter for which this notice applies; the following instructions for the comments and recommendations may transmittal of applications: be sent to the address given at the (b) Step 2. Transmittal o f Applications: To be beginning of this document. All Subtract from that average the assured of consideration for funding, comments submitted in response to this applicable interest rate (7, 8, 9,12, or 14 applications for noncompeting notice will be available for public percent) of loans for which a holder is continuation projects should be mailed inspection, during and after the requesting payment; or hand delivered on or before the comment period, in Room 4181, 400 (c) S tep 3. closing date given in the individual Maryland Avenue, SW., Washington, (1) Add 3.5 percent to the remainder; program annoucements included in this D.C., between the hours of 8:30 a.m. and and document. 4:00 p.m., Monday through Friday of (2) In the case of loans made before each week except Federal holidays. October 1,1981, round the sum upward If an application is late, the to the nearest one-eighth of one percent; Department of Education may lack (20 U.S.C. 3851) (dj S tep 4. sufficient time to review it with other (Catalog of Federal Domestic Assistance Divide the resulting percent in Step 3 noncompeting continuation applications '84.122, Secretary’s Discretionary Program) (either (c)(1) or (c)(2), as applicable) by and may decline to accept it. Dated: January 30,1985. four. Applications Delivered by Mail: An Gary L. Jones, FOR FURTHER INFORMATION CONTACT: application submitted under CFDA Acting Secretary o f Education. Nancy Eakin, Program Specialist, or 84.132, the Centers for Independent [FR Doc. 85-2805 Filed 2-1-85; 8:45 am] Larry Oxendine, Chief, Policy Section, Living program, must be addressed to BILLING CODE 4000-01-M Guaranteed Student Loan Branch, the Department of Education, Division of Policy and Program Application Control Center, Attention: Development, Department of Education 84.132, 400 Maryland Avenue, SW., Office of Postsecondary Education on (202) 245-2475. Washington, D.C. 20202. Applications Guaranteed Student Loan Program (Catalog of Federal Domestic Assistance No. submitted under CFDA 84.128G, the and Pius Program 84.032, Guaranteed Student Loan Program Handicapped Migratory Agricultural and PLUS Program) and Seasonal Farmworker Vocational a g e n c y : Department of Education. Dated: January 30,1985. Rehabilitation Service Projects program, a c t i o n : Notice of Special Allowance for Edward M. Elmendorf, must be addressed to the Regional Quarter Ending December31,1984. Assistant Secretary for Postsecondary Office of the U.S. Department of Education. Education at the appropriate address The Assistant Secretary for [FR Doc. 85-2804 Filed 2-1-85; 8:45 am] below: Postsecondary Education announces a special allowance to holders of eligible BILLING CODE 4000-01-M Region I loans made under the Guaranteed RSA Regional Commissioner, Student Loan Program (GSLP) or the Office of Special Education and Department of Education, OSERS, PLUS Program. This special allowance is Rehabilitative Services provided for under section 438 of the John F. Kennedy Federal Building, Room E-400 Government Center, Higher Education Act of 1965 (the Act), Discretionary Grant Programs as amended (20 U.S.C. 1087-1). Except Boston, Massachusetts 02203 AGENCY: Department of Education. for loans subject to section 438(b)(2)(B) Region II of the Act, 20 U.S.C. 1087-l(b)(2)(B), for a c t i o n : Application Notice Establishing the quarter ending December 31,1984, Closing Dates for Transmittal of Certain RSA Regional Commissioner, the special allowance will be paid at the Fiscal Year 1985 Noncompeting Department of Education, OSERS, 26 following rates: Continuation Applications. Federal Plaza, Room 4106, New York,

s u m m a r y : The purpose of this New York 10278 Applica­ Annual Special ble special allowance application notice is to inform potential Region III interest allow­ rate ance (percent) for applicants of fiscal and programmatic rate rate (per­ quarter information and closing dates for RSA Regional Commissioner, cent) (per­ ending Dec. cent) 31, 1984 transmittal of noncompeting Department of Education, OSERS, 3535 Market Street, Room 3350, GSLP loans or PLUS continuation applications for projects loans made prior to under certain programs administered by Philadelphia, Pennsylvania 19101 Oct 1, 1981...... 7 5.75 1.4375 the Department of Education under the 9 3.75 0.9375 Region IV GSLP loans or PLUS Office of Special Education and loans made on or Rehabilitative Services RSA Regional Commissioner, after Oct. 1, 1981...... 7 5.71 1.4275 8 4.71 1.1775 Organization of Notice Department of Education, OSERS, 101 9 3.71 0.9275 Marietta Street, N.W., Suite 821, 12 0.7f 0.1775 This notice contains two parts. Part I 14 0.00 0.00 includes, in chronological order, the list Atlanta, Georgia 30323 of all closing dates covered by this Region V The Assistant Secretary determines notice. Part II consists of the individual the special allowance rate in the manner application announcements for each RSA Regional Commissioner, specified in the Act, for loans at each program. These announcements are in Department of Education, OSERS, 300 applicable interest rate by making the the same order as the closing dates South Wacker Drive, 15th Floor, following four calculations: listed in Part I. Chicago, Illinois 60606 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 4885

Region VI Migratory Agricultural and Seasonal responsibilities of a State or local RSA Regional Commissioner, Farmworker Vocational Rehabilitation government within that geographic area. [ Department of Education, OSERS, Service Projects Program, must be taken Included in each of the two I 1200 Main Tower Building, Room 1400, to the appropriate Regional Office at the application announcements in this Dallas, Texas 75202 address given above. notice is a current list of States that The Application Control Center will have established a process, designated a Region VII accept hand delivered applications single point of contact, and have [RSA Regional Commissioner, between 8:00 a.m. and 4:30 p.m. selected that program for review. Also [ Department of Education, OSERS, 324 (Washington, D.C. time) daily, except included in each annoucement is the I E. 11th Street, 11 Oak Building, 10th Saturdays, Sundays and Federal date by which comments and l Floor West, Kansas City, Missouri holidays. recommendations from a single point of 64106 — \ ^ '*-** The Regional Offices will accept hand contact review are due to the delivered applications between 8:30 a.m. Department. Region VIII and 4:30 p.m. (local time) daily, except The Executive Order for RSA Regional Commissioner, Saturdays, Sundays, and Federal Intergovernmental Review will apply to Department of Education, OSERS, holidays. both 84.132—Centers for Independent Federal Office Building, Room 398, Applications that are hand delivered Living and 84.128G—Handicapped 1961 Stout Street, Denver, Colorado will not be accepted after 4:30 p.m. on Migratory Agricultural and Seasonal 80294 the closing date. Farmworker Vocational Rehabilitation Available Funds: In each application Service Projects. Region IX notice, under the paragraph on Part I—List of Program Application ¡RSA Regional Commissioner, availability of funds, these estimates of Announcements Published in this Notice Department of Education, OSERS, funding levels do not bind the I Federal Office Building, Room 480, 50 Department to a specific number of CFDA No. Program Closing date United Nations Plaza, San Francisco, grants or to the amount of any grant, ; California 94102 unless that amount is otherwise 84.132...... Centers for independent Mar. 15, 1985 specified by statute or regulations. living. Region X 84.128G...... Handicapped migratory Mar. 29, 1985 Intergovernmental Review: On June agricultural and RSA Regional Commissioner, 24,1983, the Secretary published in the seasonal farmworker Department of Education, OSERS, vocational rehabilitation Federal Register final regulations (34 service projects. 2901 Third Avenue, Room 120, Seattle, CFR Part 79 published at 48 FR 29158 et Washington 98121 seq.) implementing Executive Order An applicant must show proof of 12372 entitled: “Intergovernmental Part II—Application Announcements for mailing consisting of one of the Review of Federal Programs.” The Each Program following: regulations took effect September 30, (1) A legibly dated U.S. Postal Service 1983. 84.132—Renters for Independent Living postmark. The following programs in this notice (Noncompeting) (2) A legible mail receipt with the date are subject to the requirement of the C losing D ate: March 15,1985—(All of mailing stamped by the U.S. Postal Executive Order and the regulations in projects) Service. 34 CFR Part 79. The objective of Authority for this program is (3) A dated shipping label, invoice, or Executive Order 12372 is to foster an contained in section 711 of the receipt from a commercial carrier. intergovernmental partnership and a Rehabilitation Act of 1973, as amended. (4) Any other evidence of mailing strengthened federalism by relying on (29 U.S.C. 796e). acceptable to the U.S. Secretary of State and local processes for State and Awards are made under this program Education. local government coordination and to State vocational rehabilitation If an application is sent through the review of proposed Federal financial agencies or to local public agencies and U.S. Postal Service, the Secretary does assistance. private nonprofit organizations in those not accept either of the following as The Executive Order— States where the State vocational proof of mailing: (1) A private metered • Allows States, after consultation rehabilitation agency doesmot apply. postmark, or (2) a mail receipt that is not with local officials, to establish their The purpose of this program is to dated by the U.S. Postal Service. own process for review and comment on establish and operate Centers for An applicant should note that the U.S. proposed Federal financial assistance; Independent Living services for severely Postal Service does not uniformly • Increases Federal responsiveness to handicapped individuals so that they provide a dated postmark. Before relying State and local officials by requiring may live more independently in family °n this method, an applicant should Federal agencies to accommodate State and community, or secure and maintain check with its local post office. and local views or explain why those employment, with the maximum degree ' An applicant is encouraged to use views will not be accommodated; and of self-direction. registered or at least first class mail. • Revokes OMB Circular A-95. Program Information: Section 711(f) of Applications Delivered by Hand: Transactions with nongovernmental the Rehabilitation Act of 1973, as added delivered applications under entities, including State post-secondary by Pub. L. 98-211, the Rehabilitation CFpA 84.132, the Centers for educational institutions and federally Amendments of 1984, requires the Independent Living Program, must be recognized Indian tribal governments, continued funding of current grantees a *° ,^e Department of Education, are not covered by Executive Order through September 30,1986, unless the Application Control Center, Room 5673, 12372. Also excluded from coverage are Commissioner of the Rehabilitation Regional Office Building #3, 7th and D research, development, or Services Administration determines that streets SW., Washington, D.C. demonstration projects that do not have there is a substantial failure to comply Hand delivered applications under a unique geographic focus and are not with the provisions of the grantee’s UFDA 84.128G, the Handicapped directly relevant to the governmental approved application. 4886 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices

The Rehabilitation Amendments of local entities may submit comments Projects, Rehabilitation Services 1984 also amended section 711(c) of the directly to the Department. Administration, Office of Special Rehabilitation Act of 1973 to require that All comments from State single points Education and Rehabilitative Services, applications contain a description of an of contact and all comments from State, U.S. Department of Education, Room evaluation plan which must reflect areawide, regional, and local entities 3317, Mary E. Switzer Building, 400 certain specific factors. Each applicant must be mailed or hand delivered by Maryland Avenue, SW., (MS 2312) m ust submit this description before the April 15,1985 to the following address: Washington, D.C. 20202. Telephone (202) Commissioner will continue its grant. The Secretary, U.S. Department of 732-1325. (29 U.S.C. 796e) This new requirement is contained in Education, Room 4181 (CFDA No. 84.126G—Handicapped Migratory section 711(c)(3) and a copy of it is 84.132), 400 Maryland Avenue SW., Agricultural and Seasonal Farmworker included in the program information Washington, D.C. 20202. (Proof of Vocational Rehabilition Service packages sent to all eligible applicants. mailing will be determined on the same P rojects All applicants are reminded that basis as applications.) section 711(c)(1) of the Act continues to PLEASE NOTE THAT THE ABOVE C losing dote: March 29,1985— require that handicapped individuals be ADDRESS IS NOT THE SAME Noncompeting Continuation Projects. substantially involved in policy ADDRESS AS THE ONE TO WHICH Authority for this program is direction and management of each THE APPLICANT SUBMITS ITS contained in section 312 of the center, and be employed by the center. APPLICATION, DO NOT SEND Rehabilitation Act of 1973, as amended. APPLICATIONS TO THE ABOVE Intergovernmental Review: The (29 U.S.C. 777b). ADDRESS. information on Intergovernmental Awards are made under this program Available Funds: The total amount of Review of Federal Programs, as required to State vocational rehabilitation funds appropriated under this grant agencies or local administering under Executive Order 12372, is program for Fiscal Year 1984 was included in the preamble to this notice. vocational rehabilitation programs $19,400,000. It is estimated that under written agreements with State The following is a current list of $20,100,000 will be available in Fiscal agencies. States that have established a process, Year 1985 to provide for the designated a single point of contact, and The purpose of this program is to continuation funding of existing support projects for providing vocational have selected this program for review: projects, as mandated by section 711(f) Alabama New Mexico rehabilitation services to handicapped Arizona New York of the Act, and for the adjustment of migratory agricultural workers and Arkansas North Carolina project periods of certain existing handicapped seasonal farmworkers. California North Dakota projects to provide for a standardized Intergovernmental review: The Colorado Ohio project period under the Centers for Oklahoma information on Intergovernmental Connecticut Independent Living program. Delaware Oregon Review of Federal Programs, as required Application Forms: Application forms District of Columbia Pennsylvania under Executive Order 12372, is Florida Rhode Island and program information packages will included in the preamble to this notice. Hawaii South Carolina be mailed to each eligible applicant. Illinois South Dakota The following is a current list of Indiana Texas Applications must be prepared and submitted in accordance with the States that have established a process Kansas Utah designated a single point of contact, and Kentucky Vermont" regulations, instructions, and forms have selected this program for review: Louisiana .Virginia included in the program information Maine Washington Alabama New Jersey Massachusetts W est Virginia package. However, the program Arizona New Mexico Michigan Wisconsin information is only intended to aid Arkansas New York Mississippi Wyoming applicants m applying for assistance. California North Carolina Missouri Guam Nothing in the program information Connecticut North Dokota Montana Northern Mariana Delaware Northern Mariana Island Nebraska Islands package is intended to impose any District of Columbia Ohio Nevada Puerto Rico paperwork, application content, Florida Oklahoma New Hampshire Trust Territory reporting, or grantee performance Guam Oregon Pennsylvania New Jersey Virgin Islands requirement beyond those imposed Hawaii Illinois Fuetto Rio® Immediately upon receipt of this under the statute and regulations. Indiana South Carolina notice, applicants which are The Secretary strongly urges that the kansas South Dakota govenmental entities, including local narrative portion of the application not Louisiana Tennessee Maine Texas educational agencies, must contact the exeed 15 pages in length. The Secretary Maryland Trust Territory appropriate State single point of contact further urges that applicants not submit Massachusetts Utah to find out about, and to comply with, information that is not requested. Michigan Vermont the State’s process under the Executive (Approved by the Office of Management Mississippi Virgin Islands and Budget under control number 1820- Missouri Virginia Order. Applicants proposing to perform Montana Washington activities in more than one State should, 0018). Nebraska Wisconsin immediately upon receipt of this notice, Applicable Regulations: Regulations Nevada Wyoming contact the single point of contact for applicable to this program include the New Hampshire each State and follow the procedures following: Immediately upon recieipt of this established in those States under the (a) Regulations governing the Centers notice, applicants which are Executive Order. A list containing the for Independent living Program (34 CFR governmental entities, including local single point of contact for each State is part 366); and educational agencies, must contact the included in the application package for (b) Education Department General appropriate State Single point of contact this program. , . Administrative Regulation (EDGAR) (34 to find out about, and to comply with, In States that have not established a CFR Parts 74, 75,77, 78 and 79). the State’s process under the Executive process or chosen this program for FOR FURTHER INFORMATION CONTACT: Order. Applicants proposing to perform review, State, areawide, regional, and Harold F. Shay, Division of Special activities in more than one State should, Federal Register / Vol, 50, No. 23 / Monday, February 4, 1985 / Notices immediately upon receipt of this notice, (b) Education Department General —Discussion of DAAG Recommendations ! contact the single point of contact for Administrative Regulations (EDGAR) —DAAG Recommendation to Predict Hot each State and follow the procedures CFR Parts 74, 75, 77, 78 and 79).' Spots from Meteorological Data established in those States under the FOR FURTHER INFORMATION CONTACT: —Project Directive No. 5, 6, 7, and 8 Executive Order. A list containing the Harold F. Shay, Division of Special —Population Summaries single point of contact for each State is Projects, Rehabilitation Services —Survey Meter and Film Badge Data Bases included in the application package for Administration, Office of Special —Format, Contents, and Supporting Data for this program. Education and Rehabilitative Services, the Town Data Base In States that have not established a U.S. Department of Education, Room —Description of the External Dose process or chosen this program for 3317, Mary E. Switzer Building, 400 Assessment Model and External review, State, areawide, regional, and Maryland Avenue, SW., (MS-2312) Population Dose Estimates local entities may submit comments Washington, D.C. 20202. Telephone (202) —Overview of Epidemiological Study of directly to the Department. 732-1325. Fallout All comments from State single points (29 U.S.C. 777b) —Update on CSU Milk Distribution Study of contact and all comments from State, (Catalog of Federal Domestic Assistance No. —Sensitivity of the Model to Predict Fallout areawide, regional, and local entities 84.128, Vocational Rehabilitation Service to 400 Miles must be mailed or hand delivered by Projects and 84.132 Centers for Independent —Analysis of EASY and PIKE fallout April 29,1985 to the following address: Living) patterns The Secretary, U.S. Department of Dated: January 29,1985. —Measurement of Dose from Fallout to Education, Room 4181 (84.128 G), 400 Madeleine Will, Bricks in Utah Locations Using Thermoluminescence Maryland Avenue, SW., Washington, Assistant Secretary, Special Education and D.C. 20202. (Proof of mailing will be Rehabilitative Services. —DAAG Discussion determined on the same basis as —Public Comments and Questions (5-Minute [FR Doc. 85-2807 Filed 2-1-85; 8:45 am] Rule) applications.) BILLING CODE 4000-01-M PLEASE NOTE THAT THE ABOVE ADDRESS IS NOT THE SAME February 22,1985 ADDRESS AS THE ONE TO WHICH DEPARTMENT OF ENERGY —Progress on Internal Dose Assessment THE APPLICANT SUBMITS ITS Model. APPLICATION. DO NOT SEND —Status on PATHWAY Uncertainty and APPLICATIONS TO ABOVE ADDRESS. Dose Assessment Advisory Group; Sediment Sampling Available Funds: The total amount of Open Meeting —Status of Survey Results and IDA funds appropriated under this program Pursuant to the provisions of the —Update on NURE and Gum-Film Analysis for Fiscal Year 1984 was $950,000. It is Federal Advisory Committee Act (Pub. —Quality Assurance of Phase II Sample estimated that $592,000 of the $950,000 L. 92-463, 86 Stat. 770), notice is hereby Analysis —ORERP Quality Assurance Program available in Fiscal Year 1985 for this given to the following meeting: program will be used to support 7 —Status of Phase II Soil Sampling Program noncompeting continuation projects. Name: Dose Assessment Advisory Group —CIC and Document Collection Presentation (DAAG). Application Forms: Application forms —Timeliness and Budget Projects Date and time: and program —DAAG Discussion and Recommendations information packages will Thursday, February 21,1985, 8:30 a.m.-5:00 be mailed to each eligible applicant. p.m.; —Public Comments and Questions (5-Minute Applications must be prepared and Friday, February 22,1985, 8:30 a.m.-4:00 Rule) submitted in accordance with the p.m. regulations, instructions, and forms Place: U.S. Department of Energy, Nevada Public Participation included in the program information Operations Office Auditorium, 2753 South package. However, the program Highland Drive, Las Vegas, Nevada. The meeting is open to the public. The information is only intended to aid Contact: Marshall Page, Jr., Deputy Project Chairperson of the Group is empowered applicants in applying for assistance. Manager, Off-Site Radiation Exposure to conduct the meeting in a fashion that Nothing in the program information Review Project, Nevada Operations Office, will, in his judgment, facilitate the U.S. Department of Energy, Post Office Box package is intended to impose any 14100, Las Vegas, Nevada 89114, Telephone: orderly conduct of business. Any paperwork, application content, (702) 295-0991. member of the public who wishes to file reporting or grantee performance a written statement with the Group will requirements beyond those imposed Purpose of the Group be permitted to do so, either before or the statute and regulations. after the meeting. Members of the public The Secretary strongly urges that the To provide the Secretary of Energy and the Manager, Nevada Operations who wish to make oral statements narrative portion of the application not pertaining to agenda items should exceed 15 pages in length. The Secretary Office (NV), with advice and recommendations pertaining to the Off- contact Marshall Page, Jr., at the further urges that applicants not submit address or telephone number listed information that is not requested. Site Radiation Exposure Review Project (ORERP). This project concerns the above. (Approved by the Office of Management and evaluation and assessment of the ouaget under control number 1820-0018). amount of radiation received by Transcripts Applicable Regulations: The following members of the off-site population regulations are applicable to this surrounding the Nevada Test Site (NTS) Available for public review and Program: ^ as a result of the nuclear test operations copying at the Public Reading Room, (a) Regulations governing conducted at the NTS. Room IE-190, Forrestal Building, 1000 ^•»capped Migratory Agricultural Independence Avenue, SW., Tentative Agenda Rk i?.a.S0Iia^ Farmworker Vocational Washington, D.C., between 9 a.m. and 4 enabilitation Service Project (34 CFR February 21,1985 p.m., Monday through Friday, except Parts 369 and 375); and -—Welcome and Introductions Federal holidays. 4888 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices

Issued in Washington, D.C. on January 30, U.S.C. 2160), notice is hereby given of a it has been determined that this 1985. proposed “subsequent arrangement’’ subsequent arrangement will not be Howard H. Raiken, under the Additional Agreement for mimical to the common defense and Deputy Advisory Committee Management Cooperation Between the Government security. O fficer. of the United States of America and the This subsequent arrangement will [FR Doc. 85-2828 Filed 2-1-85; 8:45 ami European Atomic Energy Community take effect no sooner than fifteen days BILLING CODE 6450-01-M (EURATOM) Concerning Peaceful Uses after the date of publication of this of Atomic Energy, as amended. notice. The subsequent arrangement to be Dated: January 29.1985. Office of Assistant Secretary for carried out under the above mentioned For the Department of Energy. International Affairs and Energy agreement involves approval of the George J. Bradley, Jr., Emergencies following sale: Contract Number S-EU - Deputy Assistant Secretary for International 8129, for the supply of 175 grams of A ffairs. International Atomic Energy natural uranium, for use as standard [FR Doc. 85-2753 Filed 2-1-85; 8:45 am} Agreements; Austria; Proposed reference material by COGEMA BILLING CODE 6450-

Energy (DOE) prescribe test procedures the retail cost of this fuel. However, prices of kerosene and No. 2 heating oil for the determination of the estimated historical refiner and gas plant operator (i.e. percentage sales price increasej is annual operating cost and other sales prices for kerosene, No. 2 heating the same for both of these fuels. On the measures of energy consumption for oil and other petroleum-based fuels are basis of these two assumptions, DOE certain consumer products specified in available for another EIA publication, compted the relative difference between the Act. DOE has prescribed test "Petroleum Marketing Monthly,” DOE/ the 1985 representative average unit cost procedures for the types of products EIA-0380. Referring to Table 7 of the of No. 2 heating oil (taken from the listed in Section 322(a) (1J—(13) of the August 1984 issue of “Petroleum October 1984 issue of “Short-Term Act. These test procedures are found in Marketing Monthly,” published Energy Outlook”) and the average 10 CFR Part 430, Subpart B. November 1984, DOE obtained refiner monthly refiner and gas plant operator Section 323(b) of the Act requires that and gas plant operator average sales sales prices for No. 2 heating oil over, the the estimated annual operating cost of a prices, for koresene and No. 2 heating oil period January 1984 through August covered product be computed from for each month of the period January 1984. DOE then applied this computed measurements of energy use in a 1984 to the most recent month for which value to the average monthly refiner and representative average-use cycle and data was available, August 1984. Based gas plant operator sales price for from representative average unit costs on these data, DOE computed the kerosene over the period January 1984 of the energy needed to operate such average monthly sales prices for each of through August 1984 to forecast its 1985 product during such cycle. The section these fuels. To forecast a 1985 representative average unit cost. further requires DOE to provide representative average unit cost for The 1985 representative average unit information regarding the representative kerosene, DOE made the assumption costs stated in Table 1 are provided average unit costs of energy for use that the relative difference between the pursuant to section 232(b)(2) of the Act wherever such costs are needed to average refiner and gas plant operator and will become effective March 6,1985. perform calculations in accordance with sales price and the average residential They will remain in effect until further the test procedures. Most notably, these retail cost of kerosene and No. 2 heating notice. costs are used under the Federal Trade oil (i.e. the percentage price “mark-up”) Commission labeling program is the same for both of these fuels. DOE issued in Washington, D.C., January 18, established by section 324 of the Act also assumed that the relative difference 1985. and in connection with advertisements between the refiner and gas plant Pat Collins, of appliance energy use and energy operator 1984 and 1985 average sales Undersecretary. costs which are covered by Section 323(c) of the Act. Table t.— Representative Average Unit Costs of Energy for FrvE Residential Energy DOE last published representative Sources (1985) average unit costs of residential energy for use in the Energy Conservation : Dollars per Program for Consumer Products on Type of energy In common terms As required by test procedure milfion February 16,1984 (49 FR »005). Effective Btu:1

March 6,1985, the cost figures published 775ikWb*'*...... $0.0775/kWh...... $22.7t on February 16,1984, will be superseded 61.74/therm* or S6.27/MCF ...... ¿000006T7/B!u...... 6.17 by the cost figures set forth in this $1 fi/gallnnT 0.00000800/Btu...... 8.00 72 Or /gallon •...... _..... 0.00000791/Btu .. ______7.91 notice. $1 24/gaiion • 0.00000921/Btu...... 9.21 DOE’» Energy Information 1 Btu stands for British thermal units. Administration (EIA) has developed the * kWh stands- for kilowatt hour. 1985 representative average unit costs of * 1 kWh = 3,415 BTU. * 1 therm = 100,000 Btu. electricity, natural gas, No. 2.heating oil * MCF stands for 1,000 cubic feet. * For the purposes of this table, one cubic foot of natural gas has an energy equivalence of 1.016 Btu. and propane found in this notice. These 7 For the purposes of this table, one gallon of No. 2 heating oil has an energy equivalence of 13,700 Btu. costs were generated from the EIA * For the purposes of this table, one gallon of liquid propane has an energy equivalence of 91,000 Btu. Short-Term Energy Price Projection * For the purposes of this table, one gallon of kerosene has an energy equivalence of 134.700 Btu. System, which forecasts the retail cost of selected energy products based on [FR Doc. 85-2752 Filed 2-1-85; 8:45 am) On December 14,1984, Carolina changes in world oil prices, wellhead BILLING CODE 6450-01-M Power and Light Company (CP&LJ natural gas prices, seasonal patterns in tendered for filing a proposed two-step retail prices and established trends in increase in its rates for full and partial margins and operating expenses. The Federal Energy Regulatory requirements service to 23 wholesale development of these costs is discussed Commission customers.* The proposed Phase I rates in detail in the October 1984 issue of would increase revenues by EIA’s quarterly publication of historical {[Docket No. ER85-184-000] and forecasted energy consumption and approximately $22 million (10.2%), based prices, "Short-Term Energy Outlook." ' on the calendar year 1985 test period. Carolina Power & Light Co.; Order The Phase II rates would further DOE/EIA-0202 (84/4QJ. The costs Accepting for Filing and Suspending appear in Table 3 of this report. Copies increase revenues by approximately Rates, Granting Intervention, Ordering $11.5 million (5.4%), representing a total -of this report are available at the Summary Disposition, and Establishing National Energy Information Center, increase of $33.5 million (15.6%). Phase I Hearing and Price Squeeze Forrestal Building, 1000 Independence of the proposed increase reflects the Procedures Avenue SW., Washington, D.C. 20585. inclusion in rate base of CP&L’s In the case of kerosene, the 1985 Issued January 30,1985. construction work in progress (CWIP) representative average unit cost found other than CWIP associated with Before Commissioners: Raymond J. m this notice was developed by other O’Connor, Chairman; A.G. Sousa, Oliver G> means since EIA’s “Short-Term Energy Richard III, and Charles G. Stalon. *See Attachment for rate schedule designations Outlook" does not provide a forecast pf and affected customers. 4890 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices pollution control and fuel conversion Cities reserve the right to raise other T exas. Our examination of CP&L’s rates to facilities. The CWIP-based portion of specific issues, including price squeeze. suggests that the Phase I rates may not (IE the rates represents an increase of On January 18,1985, CP&L filed a yield excessive revenues. Accordingly, he approximately $12.1 million. CP&L timely response to the Cooperatives’ we shall suspend the Phase I rates for Re requests effective dates of February 13, pleading. CP&L does not oppose the one day from 60 days after filing, to Ca 1985 for the Phase I rates and February Cooperatives’ motion to intervene and become effective on February 14,1985, 20 14,1985 for the Phase II rates. However, request for hearing. The company, subject to refund. We shall suspend the to however, denies that a five-month the company states that it would not proposed Phase II rates for five months, on contest a five month suspension of the suspension is warranted and asserts to become effective on July 14,1985, di: that a number of the Cooperatives; Phase II rates if the Phase I rates subject to refund. C( allegations are erroneous or unjustified. suspended for only one day. In accordance with the Commission’s Pr Notice of the filing was published in Discussion policy and practice established in the Federal Register (49 FR 50774), with Arkansas Power and Light Company, 8 Under Rule 214 of the Commission’s FERC 1 61,131 (1979), we shall order the comments due on or before January 8, Rules of Practice and Procedure (18 CFR 1985. Timely motions to intervene were initiation of price squeeze procedures 385.214), the timely and unopposed and shall provide that the price squeeze filed by the City of Fayetteville, North motions to intervene serve to make Carolina (Fayetteville) and the Cities of issue be phased. Fayetteville and the Cities parties to this The Commission orders: Bennettsville and Camden, South proceeding. Further, we find good cause (A) The intervention of the Carolina, and the French Broad Electric to grant the Cooperatives’ motion to Cooperatives is hereby granted, subject Membership Corporation (Cities). On intervene, given their interest in the to the Commission’s Rules of Practice January 9,1985, the North Carolina proceeding as customers of CP&L, the and Procedure. Electric Membership Corporation and very early stage of this proceeding, and Brunswick Electric Membership our belief that no undue prejudice or (B) Summary disposition is hereby Corporation (Cooperatives) filed an delay should result. ordered, as noted in the body of this untimely motion to intervene. We note that CP&L’s Phase I and order, with respect to: (1) Specifically defining fuel costs as only those booked Fayetteville, the Cities, and the Phase II fuel clauses do not explicitly to Account Nos. 151 and 518; (2) Cooperatives all request that both define the cost of fuel in terms of the providing that net energy charges phases of the proposed rates be fuel expenses booked to Account Nos. ex clu siv e of capacity or demand charges suspended for five months. In support of 151 and 518 as required by section 35.14 will be reflected in the Phase I fuel its request for a maximum suspension, of the Commission’s regulations. In addition, CP&L’s Phase I fuel clause clause fdr energy purchased on an Fayetteville cites various cost of service economic dispatch basis; and (3) issues, including: (1) Rate of return on incorrectly provides for the recovery of the net energy cost of energy purchases substituting “reliability purposes” for common equity; (2) treatment of system “reliability purchases” in note (c)(4) of sales to the North Carolina Eastern in clu siv e of capacity or demand charges when such energy is purchased on an its Phase II fuel clause. Within thirty (30) Municipal Power Agency (NCEMPA); (3) days of the date of this order, CP&L reflection of the gain and deferred taxes economic dispatch basis. Section 35.14, however, provides for net energy shall file revised Phase I and Phase II associated with the sale of facilites to fuel clauses to reflect these NCEMPA; (4) the amortization period charges ex clu siv e of capacity or demand charges.2 Finally, CP&L’s Phase II fuel determinations. for cancellation costs related to Harris (C) CP&L’s proposed rates are hereby Unit No. 2 and the allocation of those clause, in note (c)(4), provides for reliability p u rch ases instead of accepted for filing as modified; the costs to the wholesale class; (5) cash Phase I rates are suspended for one day, working capital; (6) claimed fossil fuel purchases made for reliability pu rposes. We shall require CP&L to file revised to become effective on February 14, stocks; (7) reflection in administrative 1985, subject to refund, and the Phase II and general expenses of credits for Phase I and Phase II fuel clauses to correct these clear irregularities within rates are suspended for five months, to reimbursements from NCEMPA; (8) become effective on July 14,1985, regulatory expenses; and (9) allocation 30 days. Our preliminaiy review of CP&L’s subject to refund. to the wholesale class of certain EEI submittal and the pleadings indicates (D) Pursuant to the authority expenditures. The Cooperatives raise that the proposed rates have not been contained in and subject to the additional cost of service issues, shown to be just and reasonable and jurisdiction conferred upon the Federal including: (1) The projected cost of long­ may be unjust, unreasonable, unduly Energy Regulatory Commission by term debt; (2) inclusion of operating discriminatory or preferential, or section 402(a) of the Department of reserves in rate base; and (3) allocation otherwise unlawful. Accordingly, we Energy Organization Act and by the of general advertising expenses and shall accept CP&L’s rates for filing, as Federal Power Act, particularly sections industry association dues and modified by summary disposition, and 205 and 206 thereof, and pursuant to the memberships to the wholesale suspend them as ordered below. Commission’s Rules of Practice and customers. The Cities raise many of the In West Texas Utilities Company, 18 Procedure and the regulations under the same issues as Fayetteville and the FERC H 61,189 (1982), we noted that rate Federal Power Act (18 CFR Chapter I), a Cooperatives. The Cities also cite other filings would ordinarily be suspended public hearing shall be held concerning issues, including: (1) Inclusion of for one day where preliminary review the justness and reasonableness of construction-related materials and indicates that the proposed increase CP&L’s rates. supplies in rate base; (2) claimed may be unjust and unreasonable but (E) The Commission staff shall serve interest expense on spent nuclear fuel may not generate substantially top sheets in this proceeding within ten disposal costs (SNFDC) and inclusion of excessive revenues, as defined in W est (10) days of the date of this order. a credit for interest on SNFDC refunds; (F) A presiding administrative law (3) administrative and general expenses 2 CP&L has retained its original fuel clause in its judge, to be designated by the Chief generally; and (4) amortization of Phase I rates which is not a fuel clause permitting Administrative Law Judge, shall investment tax credits. Finally, the demand cost recovery pursuant to Order 352. convene a conference in this proceeding Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 4891 to be held within approximately fifteen Designation Description / other party Designation Description /other party (15) days after service of top sheets in a (5) Supplement No. 33 to Resale Service Schedule (5) Supplement No. 35 to Resale Service Schedule hearing room of the Federal Energy Rate Schedule FPC No. 49 RS85-2 Town of Bermstts- Rate Scheduie FPC No. 49 RS85-2A Town of Ben- Regulatory Commission, 825 North (Supersedes Supplement viiSe, SC. (Supersedes Supplement- neitsvüle, SC. Capitol Street, NE., Washington, D.C. No. 32). No. 33). (6) Supplement No. 34 to FAC Rider No. 85A. (6) Supplement No: 30 to FAC Rider No. 85B. 20426. The presiding judge is authorized Rate Schedule FPC No. 49 Rate Schedule FPC No. 49 to establish procedural dates and to rule (Supersedes Supplement (Supersedes Supplement No. 30). No. 34). on all motions (except motions to (7) Supplement No. 32 to Resale Service Schedule (7) Supplement No. 34 to Resale Service Scheduie dismiss!, as provided in the Rate Schedule FPC No. 50 RS85-2 Town of Camden, Rate Schedule FPC No. 50 RS85-2A Town of Commission’s Rules of Practice and (Supersedes Supplement SC. (Supersedes Supplement Camden, SC. No. 31). No. 32V- Procedures. (8) Supplement No. 33 to FAC Rider No. 85A. (8) Supplement No. 35 to FAC Rider No. 85B. (G) The Commission hereby orders Rate Schedule FPC No. 50 Rate Schedule FPC No. 50 (Supersedes Supplement (Supersedes Supplement initiation of price squeeze procedures No. 29). No. 33). and further orders that this proceeding (9) Supplement Nò- 32 to Resale Service Scheduie (9) Supplement No. 34 to Resale Service Scheduie be phased so that the price squeeze Rate Schedule FPC No. 5T RS85-2 Laurel Hill Electric Rate Schedule FPC Noe 51 RS85-2A Laurel Hill Elec-' (Supersedes Supplement Company. (Supersedes Supplement trie Company. procedures begin after issuance of a No. 31). No. 32). Commission opinion establishing the (10) Supplement No. 33 to FAC Rider No. 85A. (10) Supplement No. 35 to FAC Rider No. 85B. Rate Schedule FPC No. 51 Rate Schedule FPC No. 51 rate which, but for consideration of (Supersedes Supplement (Supersedes Supplement price squeeze, would be just and No. 29). No. 33), (11) Supplement No.' 33 to Resale Service Schedule (11) Supplement No. 35 to Resale Service Schedule reasonable. The presiding judge may RS85-2A Town of Rate Schedule FPC No. 89 - RS85-2 Town of Waynes- Rate Schedule FPC No. 89 Waynesville, NC, modify this schedule for good cause (Supersedes Supplement ville, NC. (Supersedes Supplement No. 32). No. 33). shown. The price squeeze portion of this (12) Supplement No. 36 to FAC Rider No. 85B. (12) Supplement No. 34 to FAC Rider No. 85A. Rate Schedule. FPC No. 89 case shall be governed by the Rate Schedule FPC No. 89 (Supersedes Supplement (Supersedes Supplement procedures set forth in § 2.17 of the No. 34). No. 29). Commission’s regulations as they may (13) Supplement No. 31 to Partial Requirements Service (13) Supplement No. 29 to Partial Requirements Service Rate Schedule FPC No. Schedule RS85-3A City of be modified prior to the initiation of the Rate Schedule FPC No. Schedule RS85-3 City of 102 (Supersedes Supple­ Fayettesviile. NC. 102 (Supersedes Supple­ Fayetteville, NC, price squeeze phase of this proceeding. ment No. 29). ment No. 28). (H) The Secretary shall promptly (14) Supplement No. 32 to FAC Rider No. 85B. (14) Supplement No. 30 to FAC Rider No. 85A. Rate Schedule FPC No. publish this order in the Federal Rate Schedule FPC No. 102 (Supersedes Supple­ Register. 102 (Supersedes Supple­ ment No. 30). ment No. 24). By the Commission. i Lois D. Cashel!, [FR Doc. 85- 2768 Filed 2-1-85:8:45 am] Acting Secretary. Carolina Power & Light Company BILLING CODE 6717-01-M

Carolina Power & Light Company (Docket Nö. EK85-I84-OOQ] [Docket No. ER85-184-000} Rate Schedule Designations (Phase II) [Docket Ho. RE85-2-000] Rate Schedule Designations (Phase I) Filed: December 14,1984. . Central Illinois Light Co.; Application Filed: December 14,1984. for Exemption v FPC Electric Tariff, Original Volume FPC Electric Tariff, Original Volume No. 1 January 29,1985. No. 1 Take notice that Central Illinois Light Sheet No. Supersedes Description Company (CILCO) filed an application Sheet No. Supersedes • Description on December 28,1984 for exemption (1) 12th Revised 11th Revised Resale Service Sheet Nos, 5, 6, Sheet Nos. 5, 6, Schedule RS85- from certain requirements of Part 290 of (1) 11th Revised • 10th Revised Resale Service and 7. and 7. 1A, Sheet Nos. 5, 6 Sheet Nos. 5, 6, Schedule RS85- the Federal Energy Regulatory and 7. and 7. 1. (2) 10th Revised 9th Revised Sheet Resale Service Sheet Nos. 7 A, Nos. 7A. 7B, Schedule RS85- Commission’s (FERC) regulations (2) 9th Revised 8th Revised Si seot Resale Service 78, and 7C. and 7C. 2. Sheet Nos. 7A, Nos. 7A, 7B, Schedule RS85-- concerning collection and reporting of 78, and 7C. and 7C. ,, 2. (3) 11th Revised 10th Revised Partial cost of service information under section Sheet Nos. 7D, Sheet Nos. 7D, Requirements (3) 10th Revised 9th Revised Sheet Palliai 133 of the Public Utility Regulatory Sheet Nos. 7D, Nos. 7D„ 7Er 7F Requirements 7E, 7F and 7G. 7E, 7F, and 7G. Service Schedule R585- 7E, 7F, and 7G. and 7G. Service Policies Act (PURPA), Order No. 48 (44 3A. Schedule RS65- FR 58687, October 11,1979). Exemption 3. (4) 8th Revised 7th Revised Sheet 1 FAC Rider No. (4) 7th Revised 6th Revised Sheet FAC Rider No, Sheet Nos. 8 Nos. 8 and 8A. 95A. is sought from the requirement to file on Sheet Nos. 8 Nos. 8 and 8A. 85A. and 8A. or prior to June 30,1986 and biennially and8A. . thereafter, information on the costs of providing electric service as specified in Electric Tariff Customers Subparts B, C, D, and E of Part 290. Electric Tariff Customers Electric Membership Cooperatives: In its application for exemption Electric Membership Cooperatives: Brunswick EMC, Carteret-Craven EMC, CILCO states, in part, that it should not Brunswick EMC, Carteret-Craven EMC, Central EMC, Four County EMC, French be required to file the specified data for Central EMC, Four County EMC, French Broad EMC, Halifax EMC, Harkers the following reasons: Broad EMC, Halifax EMC, Harkers Island EMC, Haywood EMC, Jones- The goals of section 133 of PURPA are Island EMC, Haywood EMC, jones- Onslow EMC, Lumbee River EMC, Pee being met in the state of Illinois under Onslow EMC Lumbee River EMC, Pee ratemaking procedures and policies set by Pee EMC, Piedmont EMC, Pitt & Greene Dee EMC, Piedmont EMC, Pitt & Green EMC, Randolph EMC, South River EMC, the Illinois Commerce Commission (ICC). EMC, Randolph EMC, South River EMC, The ICC currently requires that CILCO, as Tideland EMC, Tri-County EMC, Wake Tideland EMC, Tri-County EMC, Wake part of the record in each CILCO retail rate EMC. EMC proceeding, file both embedded accounting 4892 Federal Register / VoL 50, No. 23 / Monday, February 4, 1985 / Notices

cost of service and marginal cost of service of the Federal Power Act to hold the protestants parties to the proceeding. studies in formats different from those following positions: specified in Part 290. Any person wishing to become a party The applicant’s current program of class Vice President, Louisville Gas and must file a motion to intervene. Copies load studies is more extensive than the load Electric Company of this filing are on file with the studies required by Part 290. The results of Vice President, Ohio Valley Commission and are available for public CILCO’s ongoing research in class loads are Transmission Corporation inspection. provided to the ICC. Comment date: February 14,1985, in Lois D. Casheli, The ICC allows its staff and retail Acting Secretary. intervenors wide latitude to serve data accordance with Standard Paragraph E requests upon CILCO for data and at the end of this notice. [FR Doc. 85-2774 Filed 2-1-85; 8:45 am] information that have not been provided in 2. Robert P. Reuss BILLING CODE 6717-01-M initial rate case filings. These data requests are tailored to the specific issues of the rate [Docket No. ID-1823-001] case, and are not satisfied by the scope of Take notice that on January 16,1985, [Docket No. RE85-1-000] Part 290 information. CILÇO is not aware of Robert P. Reuss filed an application Hawaiian Electric Co.; Application for any instance where Part 290 data has pursuant to section 305(b) of the Federal reduced the number and scope of such data Exemption requests. ■ , Power Act to hold the following The ICC supports CILO’s request for a positions: January 29,1985. blanket exemption from the filing Director, Chairman of the Board and Take notice that Hawaiian Electric requirements of PURPA Section 133 and 18 Chief Executive Officer, Centel Company (HECO) filed an application CFR Part 290 filing requirements for the June Corporation on December 31,1985, for exemption 30,1986 filing and all subsequent filings. Director, American National Bank, and from certain requirements of Part 290 of Copies of the application for Trust Company of Chicago (Bank) the Federal Energy Regulatory exemption are on file with FERC and are Director, American National Commission’s (FERC) regulations available for public inspection. FERC’s Corporation concerning collection and reporting of regulations require that said utility also Comment date: February 15,1985, in cost of service information under section supply to any state regulatory authority accordance with Standard Paragraph E 133 of the Public Utility Regulatory having jurisdiction over it to have the at the end of this notice. Policies Act (PURPA), Order No. 48 application published in any official (44FR58687, October 11,1979). state publication in which electric rate 3. R. Drake Keith Exemption is sought from the change applications are usually noticed, [Docket No. ID-2151-000] requirement to file on or prior to June 30, and that the utility publish a summary of Take notice that on January 15,1985, 1986 and biennially thereafter, thé application in newspapers of general R. Drake Keith (applicant) filed an information on the costs of providing circulation in the affected jurisdiction. application pursuant to section 305(b) of electric service as specified in Subparts Any person desiring to present written the Federal Power Act to hold the B, C, D, and E of Part 290. In its views, arguments, or other comments on following positions: application for exemption HECO states, the application for exemption should file in part, that it should not be required to Treasurer, Middle South Energy, Inc. file the specified data for the following such information with the Federal Assistant Treasurer and Assistant Energy Regulatory Commission, 825 reasons: Secretary, Arkansas Power & Light North Capitol Street, NE., Washington, Company The data yielded by the Part 290 D.C. 20426, on or before 45 days Assistant Treasurer and Assistant Regulations has proven to be of limited value following the date this notice is Secretary, Louisiana Power & Light for retail ratemaking purposes in the State of Hawaii. HECO’s state regulatory authority published in the Federal Register. Company Within that 45 day period, such person requires other equally sufficient means by Assistant Treasurer and Assistant must also serve a copy of such which necessary information required for Secretary, Mississippi Power & Light comments on: James Vergon, Director, ratemaking purposes in Hawaii is made Company available to interested parties. The continued Rate and Regulatory Affairs, Central Assistant Treasurer and Assistant reporting under the Part 290 Regulations is an Illinois Light Company, 300 Liberty Secretary, New Orleans Public unnecessary burden and not in the public Street, Peoria, Illinois 61602. Service Inc. interest in Hawaii. Lois D. Cashell, Comment date: February 15,1985, in Copies of the applicant for exemption Acting Secretary. accordance with Standard Paragraph E are on file with FERC and are available [FR Doc. 85-2769 Filed 2-1-85; 8:45 am] at the end of this notice. for public inspection. FERC’s regulations BILLING CODE 6717-01-M require that said utility also apply to any Standard Paragraphs state regulatory authority having [Docket Nos. ID-2150-000, et a!.] E. Any person desiring to be heard or jurisdiction over it to have the to protest said filing should file a motion application published in any official Interlocking Directorate Filings; to intervene or protest with the Federal state publication in which electric rate Charles Gregory Uligan, et al. Energy Regulatory Commission, 825 change applications are usually noticed, North Capitol Streejt, NE., Washington, and that the utility publish a summary of Take notice that the following filings D.C. 20426, in accordance with Rules 211 the application in newspapers of general have been made with the Commission: and 214 of the Commission’s Rules of circulation in the affected jurisdiction. 1. Charles Gregory Uligan Practice and Procedure (18 CFR 385.211 Any person desiring to present written and 385.214). All such motions or views, arguments, or other comments on [Docket No. ID-2150-000] protests should be filed on or before the the application for exemption should file January 29,1985. comment date. Protest will be such information with the Federal Take notice that on January 14,1985, considered by the Commission in Energy Regulatory Commission, 825 Charles Gregory Uligan (applicant) filed determining the appropriate action to be North Capitol Street, NE., Washington, an application pursuant to section 305(b) taken, but will not serve to make D.C. 20426, on or before 45 days Federai Register / Voi. 50, No, 23 / Monday, February 4, 1985 / Notices 4893 following the date this notice is 2. Florida Power Corporation PNM requests that the notice bublished in the Federal Register. [Docket No. ER85-245-000] requirements of § 35.15 be waived to Within that 45 day period, such person permit Service Schedule H to be January 29,1985. [must also serve a copy of such terminated as of December 31,1984. tomments on: Mr. Harwood D. Take notice that on January 23,1985, Comment date: February 14,1985, in ¡Williamson, Vice President, Planning, Florida Power Corporation (Florida accordance with Standard Paragraph E Hawaiian Electric Company, Inc., P.O. Power) tendered for filing a revised at the end of this notice. Box 2750, Honolulu, Hawaii 96840. Exhibit A to the Contract for Interchange Service dated July 21,1977 5. Long Island Lighting Company Lois D. Cashell, between Florida Power and Tampa [Docket No. ER85-235-000] Ucting Secretary. Electric Company (Tampa Electric). j|FR Doc. 85-2770 Filed 2-1-85; 8:45 am] Florida Power states that revised January 29,1985. BILLING CODE 6717-01-M Exhibit A, which describes the points of Take notice that on January 16,1985, interconnection between Florida Power the Long Island Lighting Company and Tampa Electric, is submitted for (LILCO) submitted for filing notice of ¡[Docket Nos. ER85-238-000, et al.] inclusion as a supplement under the three separate changes in the rates that existing Contract for Interchange LILCO charges the Incorporated Village Electric Rate and Corporate Regulation Service between Florida Power and of Rockville Centre, New York pursuant Filings; Illinois Power Co., et al. Tampa Electric. The Contract for to the electric power contract dated Interchange Service is designated as April 13,1960 between LILCO and Take notice that the following filings Florida Power’s Rate Schedule FPC No. Rockville Centre. [have been made with the Commission: 80 and Tampa Electric’s Rate Schedule The electric power contract provides 1. Illinois Power Company FPC No. 6. Florida Power’s filing that LILCO will change the rates LILCO includes a Certificate of Concurrence charges Rockville Centre whenever [Docket No. ER85-238-000] executed by Tampa Electric in lieu of an LILCO changes with the approval of the January 29,1985. independent filing. New York Public Service Commission Take notice that on January 22,1985, Florida Power requests that the the rates it charges retail customers in Illinois Power Company (“Illinois revised Exhibit A be permitted to its Service Classification No. 2-MRP. Power”) tendered for filing a proposed bècome effective sixty days after the LILCO states that this filing is to give Amendment dated October 10,1984 to date of filing. Copies of the filing have the Commission notice of the three the Interconnnection Agreement dated been served upon Tampa Electric and changes in the SC2-MRP rates that have November 1,1969 between Central the Florida Public Service Commission. occurred since October 1,1982 and Illinois Public Service Company, Comment date: February 14,1985, in which by operation of Rate Schedule Tennessee Valley Authority, Union accordance with Standard Paragraph E FERC 29 are applicable to Rockville Electric Company, and Illinois Power at the end of this notice. Centre. Comment date: February 13,1895, in Company. 3. Central Hudson Gas & Electric accordance with Standard Paragraph E Illinois Power Company indicates that Corporation at the end of this notice. the changes to Service Schedules A and [Docket No. ER85-243-000] D, the purpose of this filing, are January 29,1985. 6. Southern Indiana Gas and Electric generally in keeping with similar Company schedules which the individual Take notice that on January 22,1985, [Docket No. ER85-237-000] companies referred to as “Companies” Central Hudson Gas and Electric have in interconnection agreements with Corporation (Central Hudson) submitted January 29,1985. other companies. The charges for for filing a Notice of Cancellation of Take notice that Southern Indiana Central Hudson Gas and Electric emergency power have been incurred by Gas and Electric Company on January Corporation’s Rate Schedule FERC No. the supplying party at the time the 22,1985, tendered for filing a first 62. The contract was cancelled on request is made, taking into account supplement to the firm power agreement August 31,1981 in accordance with its dated March 28,1980, whereby Southern other transactions to which the terms. applying party may be committed. The Indiana Gas and Electric Company A copy of this filing has been sent to schedule for maintenance energy has makes certain modifications to the Philadelphia Electric Company. been changed to allow for reservations original agreement with Alcoa Comment date: February 14,1985, in Generating Corporation for the sale of of less than one week. The reservation accordance with Standard Paragraph E 90 MW of power, the quantity being charge is the same as that charge used at the end of this notice. subject to change by written agreement in service schedules between the of the parties. The firm power agreement companies and with other parties for 4. Public Service Company of New is designated as FERC Rate No. 38. The Mexico similar service on file and accepted by modifications proposed will reduce the this Commission. [Docket No. ER85-239-000] adder to the operating cost rate Illinois Power states that a copy of the January 29,1985. contained in the energy charge. The filing was served upon Central Illinois Take notice that on January 22,1985, effective date of the first supplement Public Service Company, Tennessee the Public Service Company of New agreement is January 1,1984. Valley Authority, Union Electric Mexico (PNM) submitted for filing a The proposed modifications have Company, and the Illinois Commerce Notice of Termination of Service been negotiated and agreed to by the Commission. Schedule H to the Interconnection parties. Comment date: February 19,1985, in Agreement between El Paso Electric and Comment date: February 13,1985, in accordance with Standard Paragraph E Public Service Company of New Mexico, accordance with Standard Paragraph E at the end of this notice. Rate Schedule FERC No. 9. at the end of this notice. 4894 Federal Register 1 Voi. 50, No. 23 / Monday, February 4, 1935 / Notices

7. Arizona Public Service Company Comment date: February 13,1985, in Comment date: February 19,1985, in [Docket No. ER85-236-000] accordance with Standard Paragraph E accordance with Standard Paragrpah E January 29,1985. at the end of this notice. at the end of this notice. Take notice that on Janury 17,1985, 10. Pennsylvania Electric Company 12. Public Service Company of Indiana, Arizona Public Service Company Metropolitan Edison Company West Inc. (“APS”) tendered for filing a Notice of Penn Power Company The Potomac {Docket No. ER85-242-000J Cancellation of the Power Agreement Edison Company between Electrical Distrct No. 6 {‘ED-6”) January 29,1985. and APS, FERC Rate Schedule No. 35. [Docket No. ER85-241-OOOJ Take notice that Public Service APS requests to cancel said January 29,1985. Company of Indiana, Inc. on January 18, Agreement as of June 30,1985, pursuant Take notice that on January 22,1985 1985 tendered for filing pursuant to die to its terms. From and after said date, the GPU Service Corporation tendered Interconnection Agreement between APS intends to serve ED-6 as a Section for filing, on behalf of the above listed Public Service Company of Indiana, Inc. 205 customer under the tariff then in utilities, proposed revisions to Schedule (Service Company) and Louisville Gas effect. 1 through Schedule 7 to the 115 kV, 138 and Electric Company (Louisville Copies of this filing have been served kV and 230 kV Interconnection Facilities Company), an Eighth Supplemental upon ED-6 and the Arizona Corporation Agreement, dated June 20,1968, and a Agreement, to become effective March Commission. new Schedule 8. 19,1985. Comment date: February 13,1985, in Said Supplemental Agreement Schedules 1 and 3 have been revised accordance with Standard Paragraph E provides for the following: at the end of this notice. to show the sale of certain substation facilities at Shingletown and Elko (1) Amends Service Schedule A— _ 8. Pacific Power & light Company substations by Pennsylvania Electric Emergency Service to incorporate the parties’ Order 84 language. [Docket No. ER84-622-Q01J Company to West Penn Power Company. Schedule 6 has been revised (2) Inserts a new Service Schedule B— January 29,1985. Interchange Power, which supersedes Take notice that on November 23, to show the payments by West Penn to Pennsylvania Electric for the change in the existing Service Schedule B, as 1984, Pacific Power and Light Company amended. ownership at Shingletown substation. (Pacific) submitted for filing (3) Inserts a new Service Schedule E— accompliance filing pursuant to the Similarly Schedule 7 shows the revised payments at Elko Substation. A new Short Term Power, which superseded Commission’s order dated October 26, the existing Service Schedule E, as 1984. interconnection (Moshannon Interconnection) has also been added to amended. Pacific has filed a revised Average Copies of the filing were served upon System Cost (ASC) for the State of Schedules 1 and 3. Schedule 8 has been established to reflect payments to Louisville Gas and Electric Company, Washington and a revised Schedule 5 the Kentucky Public Service which reflects the Commission’s ordered Penelec for facilities at the Moshannon Interconnection Schedules 2 ,4, and 5 Commission, and the Public Service adjustments. Commission of Indiana. Comment date: February 13,1985, in have changes in alignment for easier February 19,1985, in accordance with Standard Paragraph H understanding for those who must Comment date: accordance with Standard Paragraph E at the end of this notice. administer the terms and conditions of the contract. at the end of this notice. 9. West Texas Utilities Company Comment date: February 14,1985, in 13. Kansas Gas and Electric Company [Docket No. ER85-209-000] accordance with Standard Paragraph E [Docket No. ES85-28-OOOJ January 29,1985. at end of this notice. January 29,1985. Take notice that on January 22,1985, 11. Arizona Public Service Company West Texas Utilities Company (“WTU”) Take notice that on January 18,1985, submitted for filing twenty-four (24) [Docket No. ER85-240-0G0] Kansas Gas and Electric Company (Applicant) filed an application with .the executed Delivery Point and Service January 29,1985. Specifications sheets providing for Federal Energy Regulatory Commission, Take notice that on January 22,1985, changes in conditions of service under pursuant to Section 204 of the Federal Arizona Public Service Company (APS) Service Agreements between WTU and Power Act, seeking an Order authorizing tendered for filing as an initial rate Concho Valley Electric Cooperative, the issuance of up to 3,000,000 shares of schedule an Operating Agreement Inc., Lighthouse Electric Cooperative, its authorized but unissued Common Inc., McCulloch Electric Cooperative, between Cyprus-Bagdad Copper Stock, without par value. Inc., and Taylor Electric Cooperative, Company (Bagdad), Arizona Electric Comment date: February 19,1984, in Inc., exectuted under WTU'3 FERC Power Cooperative, Inc. (AEPCO) and accordance with Standard Paragraph E Electric Tariff, Original Volume No. 1, Arizona Public Service Company (APS), at the end of this notice. executed on December 7,1984. The amendments are for the purpose of 14. West Texas Utilities Company either providing for the establishment of This Agreement provides for Mutual a new delivery point, changing delivery Standby Services at various facilities [Docket No. ER85-81-001) voltage, changing location, terminating a located in Mohave and Yavapai January 28,1985. delivery point, or for increasing or counties, located in Northwestern Take notice that on January 14,1985, decreasing the stated maximunfteontract Arizona, West Texas Utilities Company, pursuant demand at certain existing delivery APS requests that this Agreement to the Commission’s December 28,1984 points. become effective sixty days from the suspension order in this proceeding, WTU states that copies of the filing date of filing. submitted revised rates and cost of have been sent to the Public Utility Copies of this filing have been served service applicable to Texas-New Mexico Commission of Texas and the affected upon Bagdad, AEPCO, and the Arizona Power Company and the Cities of Brady full requirements wholesale customers. Corporation Commission. and Coleman, Texas. As directed by the Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 4895

Commission, the revised rates eliminate accounting practices, adjustment and comment date. Protests will be the apparent difference in proposed certification of accounts and reports, the considered by the Commission in revenues and cost of service revenue filing of procurement policies and determining the appropriate action to be requirement and reflects no increase in practices, the filing of certain statements taken, but will not serve to make non-pollution control construction work and reports, the assessment of annual protestants parties to the proceeding. in progress (“CWIP") over the level of charges, property dispositions and Any person wishing to become a party such CWIP in WTU’s most recent rate consolidations, securities issuances and must file a motion to intervene. Copies case. assumptions of liability, and the holding of this filing are on file with the Copies of the filing have been served of interlocking directorate positions. Commission and are available for public on the customers of WTU affected by The proposed initial rate is set forth in inspection. the filing and upon the Public Utility the Electric Power Purchase Agreement H. Any person desiring to be heard or Commission of Texas. (the Electric Power Purchase to protest this filing should file Comment date: February 7,1985, in Agreement), dated March 31,1983, comments with the Federal Energy accordance with Standard Paragraph E between Resco and NEP. Under the Regulatory Commission, 825 North at the end of this notice. Electric Power Purchase Agreement, the Capitol Street, NE., Washington, D.C. rate for sales of electric energy by Resco 20426, on or before the comment date. 15. Pacific Power & Light Company, an to NEP prior to the initial date of assumed business name of PacificCorp Comments will be considered by the commercial operation of the Facility the Commission in determining the [Docket No. ER85-233-000] (Commencement Date) will be NEP’s appropriate action to be taken. Copies of January 28,1985. average cost of fuel in mills per this filing are on file with the Take notice that on January 14,1985, kilowatt-hour during the current month. Commission and are available for public Pacific Power & Light Company, an Beginning on the Commencement Date, inspection. the rate for sales of electricity by Resco assumed business name of PacificCorp, Lois D. C a sh e ll, tendered for filing, a Notice of to NEP will be determined on a monthly basis, and will be the sum of (a) a Acting Secretary. Cancellation of bilateral Rate Schedule [FR Doc. 85-2773 Filed 2-1-85; 8:45 amj FPC No. 98. Pacific states that this Rate percentage declining over time of NEP’s BILLING CODE 6717-01-M Schedule has expired by its own terms. on-peak incremental cost of fuel in mills Pacific requests an effective date of per kilowatt-hour for each kilowatt-hour delivered during on-peak periods, and • sixty (60) days after the date of filing. [Docket No. GP85-14-000] Notice of the proposed cancellation (b) the same percentage of NEP’s off- peak incremental cost of fuel in mills per has been served upon the following Trunkline Gas Co.; Petition for kilowatt-hour for each kilowatt-hour parties: Declaratory Order delivered during off-peak periods. The Washington Water Power Company Copies of the instant filing have been Puget Sound Power & Light Company January 29,1985. Seattle City Light served upon NEP. On January 4,1985, Trunkline Gas Comment date: February 11,1985, in Portland General Electric Company filed a petition for a I City of Tacoma accordance with Standard Paragraph E declaratory order pursuant to Rule | P.U.D. No. 1 of Snohomish County at the end of this notice. 207(a)(2) of the Commission’s Rules of P.U.D. No. 1 of Grays Harbor County 17. Iowa Public Service Company Practice and Procedure. Bonneville Power Administration [Docket No. ES85-27-000J Trunkline seeks a declaratory order Western Power Administration establishing just and reasonable rates January 25,1985. Public Utility Commission of Oregon for gas it purchases from Monsanto Oil Washington Utilities and Transportation Take notice that on January 16r 1985, Company under Monsanto’s F.E.R.C. Commission Iowa Public Service Company filed an Gas Rate Schedule No. 103 and from Comment date: February 8,1985, in application pursuant to section 204 of Edward L. Cox, Jr. and other small accordance with Standard Paragraph E the Federal Power Act seeking authority producers under small producer to issue up to $60 million of short-term at the end of this notice. certificates. The particular wells from unsecured promissory notes to which the subject gas is being produced 16. Refuse Energy Systems Company commercial banks and its parent or are the No. 1 Altman Well, the No. 1 affiliate companies and commercial [Docket No. ER85-234-000J Braune Well, the No. 1 Rau Well, and paper dealers. All proposed notes are to January 28,1985. the No. 1 Buesing Well, all located in the be issued on or before March 31,1986, Christmas Field, DeWitt County, Texas. Take notice that on January 16,1985, and will bear final maturity dates not Refuse Energy Systems Company later than March 31,1987. Trunkline states that the basic issue is (RESCO) tendered for filing (1) a Comment date: February 15,1985, in whether the gas was dedicated to proposed Refuse Energy Systems accordance with Standard Paragraph E interstate commerce on or after January Company Rate Schedule No. 1 (Resco at the end of this notice. 1,19731 or produced from wells Rate Schedule No. 1), applicable to sales commenced on or after January 1,1973, of energy by Resco to New England Standard Paragraphs so as to qualify for the rates prescribed Power Company (NEP) from a solid E. Any person desiring to be heard or by 18 CFR 2.56a, as adjusted pursuant to waste resource recovery and electric to protest said filing should file a motion section 104 of the Natural Gas Policy generating facility to be located at to intervene or protest with the Federal Act, or whether the gas was dedicated Saugus, Massachusetts (the Facility) and Energy Regulatory Commission, 825 or produced from wells commenced p a petition for waiver of the North Capitol Street, NE., Washington, prior to January 1,1973 so as to qualify Commission's regulations regarding the D.C. 20426, in accordance with Rules 211 for the lower flowing gas rates submission of cost-of-service data, the and 214 of the Commission’s Rules of prescribed by 18 CFR 2.56b, as adjusted requirement that rate schedules be Practice and Procedure (18 CFR 385.211 by section 104 of the N.G.P.A. submitted no more than 120 days before and 385.214). All such motions or The producers mentioned above, the rates are to become effective, protests should be filed on or before the Monsanto and Cox, e t ah, brought suit 4896 Federal Register / VoL 50, No. 23 / Monday, February 4, 1985 / Notices

against Trunkline in the 190th Judicial 2. General Electric Company electric power production capacity be Court in Texas demanding payment of [Docket No. QF85-170-000] changed from 12.5 MW to 25 MW. post-January 1,1973 rates. Oliver, etal., v. Trunkline Gas Company, No. 83- On December 31,1984, the General Standard Paragraphs 33728. By petition of Trunkline on June 3, Electric Company of 1 River Road, E. Any person desiring to be heard or 1983, the suit was removed to the United Building 2—7th Floor, Schenectady, New to protest said filing should file a motion States District Court for the Southern York 12345 (Applicant) submitted for to intervene or protest with the Federal District of Texas and is now pending as filing an application for certification of a Energy Regulatory Commission, 825 Civil Action No. H-83-3549. facility as a qualifying cogeneration North Capitol Street, N.E., Washington, Any person desiring to be heard or to facility pursuant to | 292.207 of the D.C. 20426, in accordance with Rules 211 protest this petition should file within 30 Commission’s regulations. No and 214 of the Commission’s Rules of days after notice is published in the determination has been made that the Practice and Procedure (19 CFR 385.211 Federal Register, with the Federal submittal constitutes a complete filing. and 385.214). All such motions or Energy Regulatory Commission, 825 The topping-cycle cogeneration protests should be filed on or before the North Capitol Street, N.E., Washington, facility will be located at the Monsanto comment date. Protests will be D.C. 20426, a Motion to Intervene or a Chemical Riant in Texas City, Texas. considered by the Commission in Protest in accordance with the The facility will consist of four gas- determining the appropriate action to be requirements of Rules 211 or 214 of the turbine generators combined with an taken, but will not serve to make Commission’s Rules of Practice and automatic extraction/ admission protestants parties to the proceeding. Procedure. All protests filed will be condensing steam turbine-generator. Any person wishing to become a party considered but will not make the The exhaust heat from the gas turbines must file a motion to intervene. Copies protestants parties to the proceeding, will be used to produce steam to drive of this filing are on file with the Lois D. Cashell, turbine and to provide thermal energy Commission and are available for public Acting Secretary. for in-plant processes. The primary inspection. energy source for the facility will be [FR Doc. 85-2771 Filed 2-1-85; 8:45 am] Lois D. Cashell, natural gas. The electric power Acting Secretary. BILLING CODE 6717-01-M v production capacity of the facility will be 422 megawatts. Construction of the [FR Doc. 85-2767 Filed 2-1-85; 8:45 am] facility is scheduled to begin in May BILUNG CODE 6717-01-M [Docket Nos. QF-85-163-000, et al.J 1985 with on-line operation commencing Small Power Production and in 1987. ENVIRONMENTAL PROTECTION Cogeneration Facilities; Qualifying 3. SAI Geothermal, Inc. Status; Certificate Applications, etc.; AGENCY Nitram, Inc., et al. [Docket No. QF85-169-000] On January 7,1985, SAI Geothermal, [OPTS-51556; FRL-2768-3J January 29,1985. Inc. (Applicant), of 3030 Patrick Henry Certain Chemicals; Premanufacture Comments are due on the following Drive, Santa Clara, California 95054- Notices filings on or before thirty days from 1814, submitted for filing an application publication in the Federal Register, in for certification of a facility as a AGENCY: Environmental Protection accordance with Standard Paragraph E qualifying small power production Agency (EPA). at the mid of this notice. facility pursuant to § 292.207 of the a c t i o n : Notice. Take notice that the following filings Commission’s regulations. No have been made with the Commission: determination has been made that the s u m m a r y : Section 5(a)(1) of the Toxic Substances Control Act (TSCA) requires 1. Nitram, Inc. submittal constitutes a complete filing. The geothermal facility is located in any person who intends to manufacture [Docket No. QF85-163-Q00] the county of Mendocino, California. or import a new chemical substance to On January 2,1985, Nitram, Inc. of The facility will consist of three modular submit a premanufacture notice (PMN) 5321 Hartford Street, Tampa, Florida 12.5 MW turbine generator units for a to EPA at least 90 days before 33619 (applicant) submitted for filing an total electric power production capacity manufacture or import commences. application for certification of a facility of 37.5 MW. Initial operation is expected Statutory requirements for seciton as a qualifying cogeneration facility in 1988. 5(a)(1) premanufacture notices are prusuant to | 292.207 of the discussed in EPA statements of the final 4. SAI Geothermal, Inc. Commission’s regulations. No rule published in the Federal Register of determination has been made that the [Docket No. QF84-479-O01] May 13,1983 (48 FR 21722). This notice submittal constitutes a complete filing. On December 31,1984, SAI announces receipt of twenty-seven The topping-cycle cogeneration Geothermal, Inc. (Applicant), of 3030 PMNs and provides a summary of each. facility is located at 5321 Hartford Patrick Henry Drive, Santa Clara, DATES: Close of Review Period: Street, Tampa, Florida 33601. The California 95054-1814, submitted for P 85-414, 85-415, 85-416, 85-417, 85- primary energy source is waste heat, a filing an application for recertification of 418, 85-419, 85-420,85-421, 85-422, byproduct of a nitric acid production a facility as a qualifying small power 85-423,85-424 and 85-425....Apr. 17,1985. process. 1116 facility will consist of a P 85-426, 85-427 and 85-428.....„.Apr. 21,1985. production facility pursuant to § 292.207 P 85-429,85-430, 85-431, 85-432, 85- steam turbine/generator and a waste of the Commission’s regulations. No 433, 85-434,85-435 and 85-438...Apr. 22, heat recovery boiler. The electric power determination has been made that the 1985. production capacity of the facility is submittal constitutes a complete filing. P 85-437,85-438,65-439 and 85-440...Apr, 23, 6,000 kilowatts. The process steam is The geothermal facility is located in 1985. used for the production of ammonium Sonoma County, California. The facility Written comments by: nitrate. The facility is presently in was originally certified November 28, P 85-414, 85-415,85-416, 85-417, 85- operation. 1984. The Applicant requests that the 418,85-419,85-420,85-421,85-422, Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 4897

85-423.85-424 and 85-425....Mar. 18.1985. P 85-416 Use/Production. (S) Thixotropic alkyd P 85-426, 85-427 and 85-428...... Mar. 22» 1985. Manufacturer. Confidential. added to paint. Prod, range: P 85-429. 85-430, 85-431, 85-432, 85- Confidential. 433, 85-434, 85-435 and 85-430...Mar. 23, Chemical. (G) Acrylic resin. No data submitted. 1985. Use/Production. (S) Acrylic resin Toxicity Dota. P 85-437, 85-438, 85-439 and 85-440...Mar. 24, converted into paint. Prod, range: Exposure. Confidential. 1985. Confidential. Environmental Release/Disposal. Confidential. address: Written comments, identified Toxicity Data. No data submitted. by the document control number Exposure. Confidential. P 85-423 Environmental Release/Disposal. "[OPTS-51556]” and the specific PMN Manufacturer. Confidential. number should be sent to: Document Confidential. Chemical. (G) Acrylic resin. Control Officer (TS-793), Chemical P .85-417 Use/Production. (S) Acrylic resin Information Branch, Information converted into paint. Prod, range: Management Division, Office of Toxic Manufacturer. Confidential. Confidential. Substances, Environmental Protection Chemical. (G) Acrylic resin. No data submitted. Agency, Rm. E-201,401M Stu SW., Use/Production. (S) Acrylic resin Toxicity Data. Washington, DC 20460, (202-382-3532). converted into paint. Prod, range: Exposure. Confidential. Environmental Release/Disposal. FOR FURTHER INFORMATION CONTACT: Confidential. No data submitted. Confidential. Wendy Cleland-Hamnett, Toxicity Data. Confidential. Premanufacture Notice Management Exposure. P 85-424 Branch, Chemical Control Division (TS- Environmental Release/Disposal. Confidential. Importer. Confidential. 794), Office of Toxic Substances, Chemical. (S) Diphenylsulfone-3,3'- Environmental Protection Agency, Rm. P 85-418 disulfonylhydrazide. E—611,401M S t, SW., Washington, DC Manufacturer. Confidential Use/lmport. (S) Industrial blowing 20460, (202-382-3725). Chem ical. (G) Acrylic resin. agent in the production of plastic foams. SUPPLEMENTARY INFORMATION: A Use/Production. (S) Acrylic resin Import range: Confidential. nonsubstantive change in the prefixes is converted into paint. Prod, range: Toxicity Data. No data submitted. being initiated for information published Confidential Exposure. None expected. under sections 5(d)(2) and 5(h)(6) of the Toxicity Data. No data submitted. Environmental Release/Disposal. Toxic Substances Control Act (TSCA). Exposure. Confidential. None expected. The notices will contain essentially the Environmental Release/Disposal. P 85-425 same information but the prefixes to the Confidential. specific number assignment will appear Manufacturer: Dow Coming in an abbreviated form. Prefixes under P 85-419 Corporation. the modified format will use the letters Manufacturer. Confidential. Chemical. (G) Ether dicarboxylate. “P" (PMN), “T (TMEA) and “Y” Chemical. (G) Alkyd resin. Use/Production. (G) Reaction (POLYMER EXEMPTION). The Use/Production. (S) Alkyd resin modifier. Prod, range: Confidential. following notice contains information converted into paint. Prod, range: Toxicity Data. Actue oral: Male— extracted from the non-confidential Confidential. 3,150 mg/kg, Female—2,120 mg/kg. version of the submission provided by Toxicity Data. No data submitted. Combined—2,580 mg/kg; Acute dermal: the manufacturer of the PMNs received Exposure. Confidential. > 2,000 mg/kg; Irritation: Skin—Non­ by EPA. The complete non-confidential Environmental Release/Disposal. irritant, Eye—Essentially non-irritant; document is available in the Public Confidential. Spot plate test: Negative; Overlay plate Reading Room E-107 at the above test: Non-mutagenic. address. P 85-420 Exposure. Confidential. P 85-414 Manufacturer. Confidential. Environmental Release/Disposal. Chemical. (G) Alkyd resin. Confidential. Disposal by waste water Manufacturer. Confidential. Use/Production. (S) Thixotropic alkyd treatment. (G) Acrylated alkyd resin. Chemical resin added to paint. Prod, range: P 85-426 Use/Production. (S) Acrylated alkyd Confidential. converted into paint. Prod, range: Toxicity Data. No data submitted. Manufacturer: Confidential Confidential. Exposure. Confidential. Chemical. (G) Complex organo-silane. Toxicity Data. No data submitted. Environmental Release/Disposal. Use/Production. (G) Binder Exposure. Confidential. Confidential. component of paint. Prod, range: 75,000- 290,000 kg/yr. Environmental Release/D isposal P 85-421 Confidential. Toxicity Data. No data submitted. Manufacturer. Confidential Exposure. Manufacture and P85-415 Chemical. (G) Alkyd resin. processing: dermal, a total of 45 Manufacturer. Confidential. Use/Production. (S) Alkyl resin used workers, up to 8 hrs/da, up to 104 da/yr. in paint. Prod, range: Confidential. Environmental Release/Disposal. 5 to Chemical. (G) Acrylic ester. Toxicity Data. No data submitted. 65 kg/batch released to land. Disposal Use/Production. (S) Acrylic ester Exposure. Confidential. by incineration and landfill. reacted into a polymer. Prod, range: Environmental Release/Disposal. Confidential. P 85-427 Confidential. Toxicity Data. No data submitted. Manufacturer: Confidential. Exposure. Confidential. P 85-422 Chemical. (G) Unsaturated polyester. ^Environmental Release/D isposal Manufacturer. Confidential Use/Production. (G) Electrical wire Confidential, Chemical. (G) Alkyd resin. coating. Prod, range: Confidential 4898 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices

Toxicity Data. No data submitted. Environmental Release/Disposal. No Chemical. (G) Hydroxy-propyl- Exposure. Confidential. release. 25 kg/batch incinerated. triazine. Environmental Release/Disposal. P 85-433 Use/Production. (G) Photographic Confidential. chemical—contained use. Prod, range: P 85-428 Manufacturer. Phillips Chemical Confidential. Company. Toxicity Data. Ames Test: Not Manufacturer: Ownes-Corning Chemical. (S) 1-Propanol, 3-mercapto-. mutagenic. Fiberglas Corporation. Use/Production. (G) Destructive use Exposure. Confidential. Chemical. (G) Ester modified phenolic and intermediate in chemical substance. No resin. Environmental Release/Disposal. Prod, range: Confidential. data submitted. Use/Production. (S) Industrial Toxicity Data. No data submitted. molding resin and additive for molding . Exposure. Manufacture and P 85-438 resin. Prod, range: Confidential. processing: dermal, a total of 23 Importer. Confidential. Toxicity Data. No data submitted. workers. Chemical. (G) Bis (substituted- Manufacture: dermal. Exposure. Environmental Release/Disposal. benzamide), N,N’-substituted-. Environmental Release/Disposal. Release to water and land. Disposal by Release to air. Use/Import. (S) Industrial auxiliary' off-site deep well injection or for paper. Import range: Confidential. P 85-429 incineration, landfill and Class 1 Toxicity Data. Acute oral: >5.0 ml/ Evaporation Pond (company owned). AManufacturer: Confidential. kg; Irritation: Skin—Not irritating, Eye- Chemical. (G) Polyester. P 85-434 Slight; IC50 96 hr (Brachydanio rerio): 100 mg/1. Use/Production. (G) Polyester Manufacturer. Confidential. coatings. Prod, range: 33,000-132,000 kg/ Exposure. None expected. Chemical. (G) Substituted Environmental Release/Disposal. No yr. cyclopropane carboxylic acid chloride. No data submitted. release to air, water and land. Toxicity Data. Use/Production. (G) Chemical Exposure. Manufacture and intermediate. Prod, range: Confidential. P 85-439 processing: dermàl, a total of 38 Toxicity Data. Acute oral: >5,000 mg/ workers, up to 8 hrs/da, up to 250 da/yr. Manufacturer. Confidential. kg; Acute dermal: >1,000 mg/kg; Environmental Release/Disposal. 3 to Chemical. (G) Unsaturated polyester. Irritation: Skin—Non-irritant, Eye— 185 kg/batch released to land. Disposal Use/Production. (G) Potting Moderate; Inhalation: >15.8 mg/1 at 24, by incineration and landfill. compound. Prod, range: Confidential. 48, 72, 96 hrs; Ames Test: Negative; Skin Toxicity Data. No data submitted. P 85-430 sensitization: Not strong. Exposure. Confidential. Manufacturer: Confidential. Exposure. Manufacture: dermal, a Environmental Release/Disposal. Chemical. (G) Complex organo-silane. total of 4 workers. Confidential. Use/Production. (G) Binder Environmental Release/Disposal. No P 85-440 component for industrial coatings. Prod, release. range: 75,000-390,000 kg/yr. P 85-435 Importer. Nippon Zeon of America, Toxicity Data. No data submitted. Inc. Exposure. Manufacture and Manufacturer. Confidential. Chemical. (S) Methylmethacrylate- processing: dermal, a total of 84 Chemical. (G) Polyether polyol styrene-n-vinyl pyrrolidone terpolymer. workers, up to 8 hrs/da, up to 104 da/yr. oligomer. Use/Import. (S) Industrial toner for Environmental Release/Disposal. 4 to Use/Production. (G) Crosslinkable the plain paper copier (PPC). Import 59 kg/batch released to land. Disposal oligomer. Prod, range: Confidential. range: 10,000-30,000 kg/yr. by incineration and landfill. Toxicity Data. No data submitted. Toxicity Data. No data submitted. Exposure. Manufacture: dermal, a Exposure. Processing and use: dermal, P 85-431 total of 4 workers, up to 8 hrs/da, up to a total of 6 workers, up to 8 hrs/da, up to Manufacturer: Confidential. 10 da/yr. 50 da/yr. Chemical. (G) Complex amino ester. Environmental Release/Disposal. 0.05 En vironmental Release/Disposal. Use/Production. (G) Specialty to 200 kg/batch released to land. Very little. Disposal by landfill. coatings. Prod, range: 9,000-18,650 kg/yr. Disposal by approved landfill. Dated: January 28,1985. No data submitted. Toxicity Data. P 85-436 Exposure. Manufacture and V. Paul Fuschini, processing: dermal, a total of 31 Manufacturer. Confidential. Acting Director, Information M a n a g em en t workers, up to 6 hrs/da, up to 12 da/yr. Chemical. (G) Halogenated silicon Division. Environmental Release/Disposal. 0.1 magnesium titanium alkoxides. [FR Doc. 85-2560 Filed 2-1-85; 8:45 am] to 20 kg/batch released to land. Use/Production. (S) Industrial BILLING CODE 6560-50-M Disposal by incineration and landfill. catalyst for production of polyolefins. Prod, range: Confidential. P 85-432 [OPTS-53068; FRL-2769-4] Toxicity Data. No data on the PMN Manufacturer. Confidential. substance submitted. Premanufacture Notices; Monthly Chemical. (G) Polyester polyurethane Exposure. Manufacture and use: Status Report for November 1984 prepolymer. dermal, a total of 3 workers, up to 1.0 Use/Production. (S) Industrial and hr/wk, 1 hr/da, up to 100 da/yr, 40 wks/ AGENCY: Environmental Protection commercial magnetic tape binder. Prod, yr. Agency (EPA). range: Confidential. Environmental Release/Disposal. No ACTION: Notice. ______Toxicity Data. No data submitted. release. Exposure. Manufacture: dermal, a s u m m a r y : Section 5(d)(3) of the Toxic P 85-437 total of 30 workers, up to 6 hrs/da, up to Substances Control Act (TSCA) requires 3 da/yr. Manufacturer. Confidential. EPA to issue a list in the Federal Federal Register / Voi. 50, No. 23 / Monday, February 4, 1985 / Notices 4899

Register each month reporting the “[OPTS-53068]” and the specific PMN U.S.C. 2504)), will identify: (a) PMNs premanufacture notices (PMNs) pending number should be sent to: Document received during November; (b) PMNs before the Agency and the PMNs for Control Officer (TS-793), Information. received previously and still under which the review period has expired Management Division, Office of Toxic review at the end of November; (c) since publication of the last monthly Substances, Environmental Protection PMNs for which the notice review summary. This is the report for Agency, Rm. Ê-201,401 M Street, SW., period has ended during November; (d) November 1984. Washington, DC 20460, (202-382-3532). chemical substances for which EPA has date: Written comments are due no FOR FURTHER INFORMATION CONTACT: received a notice of commencement to later than 30 days before the applicable Wendy Cleland-Hamnett, Chemical manufacture during November and (e) notice review period ends on the Control Division (TS-794), Office of PMNs for which the review period has specific chemical substance. Toxic Substances, Environmental been suspended. Therefore, the Nonconfidential portions of the PMNs Protection Agency, Rm. E-613, 401 M November 1984 PMN Status Report is may be seen in Rm. E-107 at the address Street, SW., Washington, DC 20460, being published. below between 8:00 a.m. and 4:00 p.m., (202-382-3725). Dated: January 24,1985. Monday through Friday, excluding legal SUPPLEMENTARY INFORMATION: The holidays. monthly status report published in the Linda A. Travers, address: Written comments, identified Federal Register as required under Acting Director, Information Management with the document control number section 5(d)(3) of TSCA (90 stat. 2012 (15 Division.

Premanufacture Notices Monthly Status Report—November 1984

1.126 Premanufacture Notices Received During the Month

PMN No. Identity and generic name FR Citation Expiration date

85-103 Generic name: Thermoplastic saturated polyester-.....»...... 49 FR 44676 (44678) (11- 8-84). Jan. 29, 1985. 85-104 Generic name: Alkenyl substituted carbomonocycSc alkenyl ether...... 49 FR 44676 (44678) (11-8-84) Do. 85-105 49 FR 44676 (44678) (11-8-84).. Do. 85-106 49 FR 44676 (44676) (11-6-P.4) Do. 85-107 49 FR 45657 (11-19-84).»______... Jan. 30,1985. 85-108 49 FR 46667 (11-t9-A4) Do. 85-109 Generic name: Arylthiodialkanoyfhydrazlde...... 49 FR 46667 ¿11-19-64) Do. 85-110 Generic name: Polysulfide polymer...... —...... 49 FR 46667 (11-19-64)...... Feb. 2, 1985. 85-111 Generic name: Polymer of disubstituted polysiloxane, substituted phenol and substituted alkanoyl 49 FR 45657 (45658) (11-19-84)______Do. halide. 85-112 49 FR 46667 (46666) (11-19-64) Feb. 3j 1985. 85-113 Generic name: Terephthalic acid, polymer with (poly oxyalkylene) b«s(N-aryl trimellitimide) and 49 FR 4.66.67 (45658) (11-19-64) ...... Do. butanechol. , 85-114 Generic name: Blocked aromatic isocyanate prepoiymer...... 49 FR 46667 (46666) (11-19-64) ...... Da 85-115 Generic name: Aromatic polyisocyanate...... 49 FR 46667 (46666) (11-19_fi4V Do. 85-116 7,9 dimethylspiro (5.5) undecan-3-one...... 49 PR 46667 (46666) (11-19-64) ...... Do. 85-117 Generic name: Hydroxy resin...... 49 FR 46667 (46666) (11-19-84) Do. 85-118 Generic name: Polyurethane...... 49 FR 46667 (46666) (11-19-84) Do. 85-119 Generic name: Hydroxy resin...... 49 FR 45657 (45658) (11-19-84)...... »...... » .... DO. 85-120 Generic name: Hydroxy acrylic resin...... 49 FR 46667 (46668) (1 1 -1 9 -6 4 )...... Do. 85-127 Generic name: Acrylic copolymer...... 49 FR 46667 (46666) (11-19-84) ...... Do. 85-122 Generic name: Copolymer of vinyl amides and organic add sale...... 49 FR 46667 (46668) (11-19-84)...... Da 85-123 49 FR 4.6667 (4.6666) (1 1 -1 9 -6 4 )...... Do. 85-124 49 FR 46667 (46666) (11-19-84) Do. 85-125 49 FR 46667 (46669) (11-19-84) Do. ' 85-126 Generic name: Unsaturated polyester...... 49 FR 46667 (46669) (11-1.9-64) ...... Feb. 4,1985. 85-127 Generic name: Butanamide, N-substituted alkyl...... 49 FR 46667 (46669) (11-19-64) ...... Do. 85-128 Generic name: Butanamide, N-subsGtuferf alkyl...... » ,...... 49 FR 46667 (46669) (11-19-64)...... Do. 85-129 Generic name: Styrene, acrylate polymer...... 49 FR 45657 (45659) (11-19-84) ______——. Do. 65-130 Generic name: Tetrabromobisphenoi A-aromatic tertiary amine salt...... 49 FR 46482 (11 -26-84) ...... Feb. 6, 1985. 85-131 49 FR 46669 (11-96-64) 85-132 Generic name: Organosificone copolymer.»...... » ...... 49 FR 46582 (11-26-84)...______Do. 85-133 Generic name: Aliphatic olefin...... '...... 49 FR 46582 (11 -9 6 -6 4 ) . Do. 85-134 Generic name: Intermolecularly rearranged triglycerides...... 49 FR 46662 (11-26-64) ...... Feb. 10, 1985. 85-135 Generic name: Substituted cyclopentadiene...... 49 FR 46862 (11-26-64)...... Feb. 11, 1985. 85-136 Generic name: Substituted aiiphthatic terminated poîy(di(TsethvSsiaîoxane)...... , ...... 49 FR 46662 (11-26-64)...... - ...... Do. 85-137 Generic name: Polyamic acid ester...... 49 FR 46852 (11-26-84)...... Do. 85-138 Generic name: Substituted titanocene...... »...... 49 FR 46652.(11-26-64) ...... Do. 85-139 Generic name: Complex polyester...... 49 FR 46662 (11-26-64) ...... Do. 85-140 49 FR 46662 (46863) (11-26-64) . Da 85-141 Generic name: Polyester acrytate...... 49 FR 46A6? (46663) (11-26-64j Feb. 12,1985. 85-142 Generic name: Aromatic epoxy ester____ ...... »...... 49 FR 46A62 (46663) (11-26-84) ...... Do 85-143 Generic name: Iron complex of a substituted phenyl a m ...... 49 FR 48852 (46853) (1 1 -2 6 -8 4 )...... Da 85-144 49 FR 46662 (46663) (11-26-84) ...... Do. 85-145 Generic name: Substituted pyridinium salt...... 49 FR 46852 (46853) (11-26-84)...... Da 65-146 Generic name: Biphenyl, 3,3 -dichlOFO-4-(substituted azo)-■* -((( (phenylamino) carbonyl)2-oxoprop-1- 49 FR 46852 (46853) (11-26-84)...... - ...... — ... Do. yOazo-. 85-147 Generic name: Biphenyl, 3,3-dichtoro-4-(substltuted azo)-4'-((((phenylaminp) carbonyl)2-oxoprop-1- 49 FR 46662 (466.63) (1 1 -2 6-6 4) Da yi)azp-. 85-148 Generic name: Modified acrylic nopolymor...... , ...... 49 FR 47108 (11-30-84)...... Feb. 1985. 85-149 Generic name: Epoxy acrylic copolymer...... »...... 49 FR 47108 (11-30-34)...... Do. 85-150 Generic name: Fluoranthenamine-substituted-aminoanthraquiRone...... 49 FR 47106 (11-30-84)...... Do. 85-151 49 FR 47108 (11-30-84)...... Do. 85-152 49 FR 47106 (47109) (11-30-84)...... — Do. 85-153 Generic name: Reacted epoxy resin»...... »...... 49 FR 47108 (47109) (11-30-84) ...... Do. 85-154 49 FR 47108 (47109) (11-30-84)...... Do. 85-155 Generic name: Haiogenated aromatic sulfamide...... 49 FR 47108 (47109) (11-30-84)...... - ...... — ...... Do. 85-156 Generic name: Disubstituted carbopotycyde-suifonic add salt....» ...... 49 FR 47106 (47109) (11-30-84)...... Do. 85-157 49 FR 47106 (47109) (11-30-84)...... Do. 85-158 Generic name: Aromatic did!.«...... 49 FR 47106 (47109) (11-30-84)...... Feb. 16,1985. 4900 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices

126 Premanufacture Notices Received During the Month— Continued

PMN No. Identity and generic name FR Citation Expiration date

85-159 Generic name: Polymeric aliphatic polyol acrylate ester...... 49 FR 47108 (47109) (11- 30-84).. Do. 85-160 Generic name: Polymeric aliphatic polyol acrylate ester...... 49 FR 47108 (47109) (11- 30-84).. Do. 85-161 Generic name: Polymeric aliphatic polyol acrylate ester...... ;...... 49 FR 47108 (47109) (11- 30-84).. Do. 85-162 Generic name: Polymeric aliphatic polyol acrylate ester...... 49 FR 47108 (47109) (11- 30-84).. Do. 85-163 Generic name: Cyanoacetate ester...... 49 FR 47108 (47109) (11- 30-84).. Do. 85-164 Generic name: Unsaturated polyester...... 49 FR 47108 (47109) <11- 30-84).. Do. 85-165 Polymer of dehydrated castor-oil fatty acids, pentaerithritol, isophthalic acid, linseed oil, dehydrat­ 49 FR 47108 (47109) (11- 30-84).. Do. ed castor oil, dimethylethanolamine, isononanoic acid and maleic anhydride. 85-166 Generic name: Aromatic polycyanate resin...... „...... 49 FR 47108 (47110) (11-30-84).. Feb. 17,1985. 85-167 Generic name: Organo sulfur compound...... ¿¿...r-.-..j — ffi.,...... — ->__ • < 49 FR 47108 (47110) (11-30-84).. Do. 85-168 Generic name: Functional polyether ...... _ ‘ ~ ■ -• ■■ ...... 49 FR 47108 (47110) (11-30-84).. Do. 85-169 Generic name: Polyester polyurethane ...... *...... ____ ...... 49 FR 47108 (47110) (11-30-84).. Do. 85-170 Generic name: Fatty ester...... ;...... 49 FR 47108 (47110) (11-30-84).. Do. 85-171 Generic name: Fatty ester...... 49 FR 47108 (47110) (11-30-84).. Do. 85-172 Generic name: Fatty ester....„...... „____...... ;. 49 FR 47108 (47110) (11-30-84).. Do. '•'1 85-173 Generic name: Cyanoacetate ester...... ______...... 49 FR 47108 (47110) (H-30-84).. Do. 85-174 Generic name: Alkenyl substituted carbomonocyclic alkenyl ether....:...... 49 FR 47108 (47110) (11-30-84).. Do. 85-175 Generic name: Branched mono-carboxylic fatty acid...... 49 FR 47108 (47110) (11-30-84).. Do. 85-176 Generic name: Branched mono-carboxylic fatty acid...... *...... 49 FR 47108 (47110) (11-30-84).. Do. 85-177 Generic name: Branched mono-carboxylic fatty add______...... „ 49 FR 47108 (47110) (11-30-84).. Do. 85-178 Generic name: Branched mono-carboxylic fatty acid...... 49 FR 47108 (47110) (11-30-84).. Do. 85-179 Generic name: Branched mono-carboxylic fatty add...... 49 FR 47108 (47110) (11-30-84).. Do. 85-180 Generic name: Branched mono-carboxylic fatty add...... -...... 49 FR 47108 (47111) (11-30-84).. Do. 85-181 : 1 -(2-methoxyethoxy)-4-methylbenzene______...,„...... 49 FR 47108 (47111) (11-30-84).. Do. 85-182 Generic name: Alkyl ester...... 49 FR 47108 (47111) (11-30-84).. Do. 85-183 4.5-dihydro-5-ethyyl-2-methyl-3-furancarboxylic acid ethyl ester...... 49 FR 47108 (47111) (11-30-84).. Do. 85-184 Generic name: Naphthoquinone dtazide-sulphonic acid ester in formulation with phenol formalde­ 49 FR 47108 (47111) (11-30-84).. Do. hyde resin. 85-185 Generic name: Substituted phenyl salt...... 49 FR 47108 (47111) (11-30-84) Do. 85-186 Generic name: Polyalkyleneoxy alkyl, aryl alkyl, alkyl silicone...,...... 49 FR 47108 (47111) (11-30-84) Feb. 18,1985. 85-187 Generic name: Arylaikyl hydrogen alkyl silicone______...... 49 FR 47108 (47111) (11-30-84) Do. 85-188 Generic name: Polyester diol...... '...... ;...... 49 FR 47108 (47111) (11-30-84) Do. 85-189 Generic name: Alkyl alkoxy siloxane...... -...... 49 FR 47108 (47111) (11-30-84) Do. 85-190 N,N-dimethyl-2-nitrobenzenesulfonamide....^„„,...... ______49 FR 47921 (12-7-84)...... 2 Feb. 20,1985. 85-191 Phenyl 4-methoxy-3-nitrobenzenesulfonate...... ,...... 49 FR 47921 (12-7-84)...... Do. 85-192 2-amino-N,N-dimethylbenzenesulfonamide...... 49 FR 47921 (12-7-84)...... Do. 85-193 Phenyl 3-amino-4-methoxybenensuifonate!...... -__...... 49 FR 47921 (12-7-84)...... Do. 85-194 Generic name: Acid amide salt...... v..w.'...... „.„....t..__ ...¿...... i...... ;..;.'...;..;.. 49 FR 47921 (12-7-84)...... ;..... Do. 85-195 Generic name: Substituted sHyl epoxide...... 49 FR 47921 (47922) (12-7-84).. Do. 85-196 Generic name: Substituted alkyl silyl urea...... 49 FR 47921 (47922) (12-7-84).. Do. . 85-197 Melamine cyanurate...... 49 FR 47921 (47922) (12-7-84).. Do. 85-198 Generic name: Alkylated aromatic diamine...... 49 FR 47921 (47922) (12-7-84).. Feb. 23,1985. 85-199 Generic name: .Hydrocarbon resin...... 49 FR 47921 (47922) (12-7-84).. Do. 85-200 Generic name: Cyanoacrylate ester...... :...... 49 FR 47921 (47922) (12-7-84).. Do. 85-201 Generic name: Substituted dioxazine...... :...... „...... 49 FR 47921 (47922) (12r-7-84).. Do. 85-202 Generic name: Substituted dioxazine.»...... „.... ™_.;...... !...... :...... 49 FR 47921 (47922) (12-7-84).. Do. 85-203 Generic name: Sulfur-containing potyalkylene oxides...... 49 FR 47921 (47922) (12-7-84)... Do. 85-213 Generic name: Aromatic polyurethane prepolymer containing tertiary amine...... 49 FR 47921 (47922) (12-7-84).. Do. 85-214 Generic name: Aromatic polyurethane prepolymer containing polyether...... 49 FR 47921 (47922) (12-7-84)... Do. 85-215 Generic name: Polyester poiyol...... 49 FR 47921 (47922) (12-7-84)... Do. 85-216 Generic name: Substituted pyridine...... 49 FR 47921 (47922) (12-7-84).. Do. 85-217 Generic name: Polymer of diisocyanate with glycol...... 49 FR 47921 (47923) (12-7-84)... Feb. 24,1985. 85-218 Generic name: Polymer of diisocyanate with glycol...... 49 FR 47921 (47923) (12-7-84)... Do. 85-219 Generic name: Polymer of diisocyanate with g l y c o l ...... 49 FR 47921 (47923) (12-7-84).., Do. 85-220 Generic name: Polymer of diisocyanate with glycol...... »...... __ 49 FR 47921 (47923) (12-7-84)... Do. 85-221 Generic name: Polymer of diisocyanate...... 49 FR 47921 (47923) (12-7-84)... Do. 85-222 Generic name: Polymer of diisocyanate ...... 49 FR 47921 (47923) (12-7-84)... Do. 85-223 Generic name: Polyester diol...... ______...... 49 FR 47921 (47923) (12-7-84)... Do. 85-224 Generic name: Polyester polyol...... ;...... 49 FR 47921 (47923) (12-7-84)... Do. 85-225 2-n-butoxyethyl 4-(dimethylamino)benzoate.J...... 4 ÍF R 47921 (47923) (12-7-84) ... Do. 85-226 Generic name: Substituted succinic acid...... ;...... 49 FR 47921 (47923) (12-7-84)... Do. 85-227 Generic name: Acrylic acid ester...... 49 FR 47921 (47923) (12-7-84)... Do. 85-228 Generic name: Disubstituted pyridirtium’bromide...... ;...... 49 FR 47921 (47923) (12-7-84)... Do. 85-229 Generic name: Epoxy polyester...... J...... 49 FR 47921 (47923) (12-7-84)... Do. 85-230 Generic name: Acrylated alkyd resin...... r....„...... 49 FR 47921 (47923) (12-7-84)... Do. 85-231 Generic name: Polyester base...... 49 FR 47921 (47924) (12-7-84)... Do. 85-232 Chromate (2-), C2-[[1-(3-chlorophenyl)-4.5-dihydro-3-methyl-5-oxo-1H-pyrazol-4-yl]azo]-5-su!foben- 49 FR 47921 (47924) (12-7-84)... Do. zoato-(2)}[2-[4,5-dihydro-5-oxo-1,3-diphenyt-1H-pyrazol-4-yl)azo]benzoato (2-)]-, sodium hydro­ gen (9CI). 85-233 Benzeneamine, 4-[(dichloro-1,3-benzothiazol-2-y1)azo]-N-methyi-N-(3 phenylpropyl)...... 49 FR 47921 (47924) (12-7-84)... Do. 85-234 Generic name: Disubstituted sulfide...... „...... ;. 49 FR 47921 (47924) (12-7-84)... Feb. 26,1985. 85-235 Generic name: Vegetable oil polymer with alkane diols...... Vi...... 49 FR 47921 (47924) (12-7-84)... Do. 85-236 Generic name: Substituted pyridine...... 49 FR 48801 (48802) (12-14-84). Feb. 27,1985. 85-237 Strontium, calcium, barium chloride phosphate; europium activated...... »...... 49 FR 48801 (48802) (12-14-84). Do.

*PMNs 85-204 through 85-212 have been consolidated into PMN 85-203.

II. 102 Premanufacture Notices Received Previously and Still Under Review at the End of the Month

PMN No. Identity and generic name FR citation Expiration date

85-1 Generic name: Aromatic oxime...... 49 FR 41100 (10-19-84)...... Dec. 29, 1984. 85-2 Generic name: Nitro alcohol...... 49 FR 41100 (41101) (10-19-94) Dec. 30,1984. 85-3 Generic name: Polyurethane polymer...... »...... 49 FR 41100 (41101) (10-19-84)...... Do. 85-4 Genenc name: Substituted phenol...... 49 FR 41100 (41101) (10-19-84) Do. 85-5 Adipic acid, azelaic azic, and phthalic anhydride with ethylene glycol terminated with 2-Ethyl 49 FR 41100 (41101) (10-19-84)...... Da hexanol. 85-6 Generic name: Alkyl phosphate, potassium salt...... 49 FR 41100 (41101) (10-19-84) . Do. 85-7 Generic name: Spiro [isobenzofuran xanthene]...... I...... 49 FR 41100 (41101) (10-19-94) Do. 85-8 Generic name: Polyether polyester urethane...... 49 FR 41100 (41101) (10-19-84)...... Dec. 31,1984. Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 4901

II. 102 Premanufacture Notices Received Previously and Still Under Review at the End of the Month— Continued

I N No. , Identity and generic name FR citation Expiration date

15-9 Generic name: Fatty alcohol, ethoxytated, propoxytated, fatty acid ester______...__ 49 FR 41100 (41101) (10-19-84).. Do. k-10 Generic name: Benzothiazolium, 2-(2-ethoxy-1-propenyl)-3-ethyl, ethyl sulfate...... 49 FR 41100 (41101) (10-19-84).. Jan. 1,1985. 85-11 Generic name: Aryl substituted aliphatic thiol...... 49 FR 41102 (10-19-84)...... Jan. 2,1985. 15-12 Generic name: Aliphatic nitrile...... 49 FR 41102 (10-19-84)______Do. 85-13 Generic name: Substituted borazole polymer...... 49 FR 41102 (10-19-84)...... Do. 85-14 Dimethylsila-17-Crown-6...... ______...... 49 FR 41102 (41103) (10-19-84).. Do. 85-15 Generic name: Halogenated fatty acid ester...... 49 FR 41102 (41103) (10-19-84).. Jan. 6,1985. ,'85-16 Generic name: Acrylamide unsaturated quaternary ammonium copolymer...... __...... 49 FR 41102 (41103) (10-19-84).. Do. ¡85-17 Generic name: Acrylic copolymer...... ______49 FR 41102 (41103) (10-19-84).. Jan. 7,1985. 85-18 Generic name: Substituted amino anhtraquinone.,,...... *...... 49 FR 41102 (41103) (10-19-84).. Do. '85-19 Generic name: Terephthalic acid, polymer with 2-oxepanone, and an alkane diol...... 49 FR 41102 (41103) (10-19-84).. Do. 85-20 Generic name: Arylhydrozonotrimethylindolium, salt...... 49 FR 41102 (41103) (10-19-84).. Do. 185-21 Generic name: Substituted alkenyl dimethylchlorosilane...... 49 FR 41102 (41103) (10-19-84).. Do. ¡85-22 Generic name: Polymer of isooctyl acrylate and N-t-octylacrylamide___ ...... ___ 49 FR 41102 (41103) (10-19-84).. Do. ¡85-22 Generic name: Iron complex of a substituted phenyl azo.....__...... ______49 FR 41102 (41103) (10-19-84).. Do. ¡85-24 Generic name: 3-substituted propionic acid...... 49 FR 41102 (41103) (10-19-84).. Jan. 8,1985. ¡85-25 Generic name: Methyl(aryt)indolylazothiazolium, salt...... „...... 49 FR 41102 (41103) (10-19-84).. Do. 85-26 Generic name: Substituted phenyl disulfide...... 49 FR 41102 (41103) (10-19-84).. Do. 85-27 1 -{2-aminophenyl)ethanone hydrochloride...... 49 FR 41102 (41103) (10-19-84).. Do. 85-28 Generic name: Trisubstituted benzene...... 49 FR 43105 (10-26-84) ...... Jan. 9,1985. 85-29 Generic name: Trisubstituted benzene...... 1..™.....,...... „..,.,«..„...... ,™...... 49 FR 43105 (10-26-84)...... Do. 85-30 Generic name: Carbopolycycle sulfonate of substituted phenyl azo substituted heteromonocycle..:. 49 FR 43105 (43106) (10-26-84).. Do. 85-31 Generic name: Carbopolycycle sulfonate of substituted heteropolycycle...... 49 FR 43105 (43106) (10-26-84).. Do. 85-32 Generic name: Alkyl mercaptothiadiazole...... 49 FR 43105 (43106) (10-.26-84).. Jan. 12,1985. 85-33 Generic name: Polymonocydic urethane...... 49 FR 43105 (43106) (10-26-84).. Jan. 13,1985. 85-34 Generic name: Polyoxypropylene polyoxyethylene block copolymer ester acyl lactam...»...... 49 FR 43105 (43106) (10-26-84).. Do. 85-35 Generic name: Polybutadiene ester acyi lactam...... 49 FR 43105 (43106) (10-26-84).. Do. ! 85-36 Generic name: Substituted pyridine...... ,...... 49 FR 43105 (43106) (10-26-84).. Do. 85-37 Generic name: Isocyanate-terminated polyurethane...... 49 FR 43105 (43106) (10-26-84).. Do. 85-38 Generic name: Hydroxy-terminated polyurethane ______...... 49 FR 43105 (43106) (10-26-84).. Do. 185-39 Generic name: Benzoquinolinylsulfoindenedione, substituted ammonium salt______49 FR 43105 (43106) (10-26-84).. Do. 85-40 Generic name: Aliphatic ketone.....«,..-,...... 49 FR 43105 (43106) (10-26-84).. Do. 85-41 Carboxylic acids, C»-Cu mono and Cj-Cu di-, polymers with adipic add, 1,4-butanediol and 49 FR 43105 (43106) (10-26-84).. Do. propylene glycols. 85-42 Carboxylic acids, Ce-Cu mono and C»-Ci« di-, polymers with adipic acid, 1,4-butanediol, 49 FR 43105 (43106) (10-26-84).. Do. propylene glycols and acetic anhydride. 85-43 Polymer of phenol, triphenyl ethyl phosphonium idodide, trimellitic anhydride and EPON 828 49 FR 43105 (43107) (10-26-84).. Do. 85-44 Generic name:c Substituted benzocyazoleydine ethylidine 49 FR 43105 (43107) (10-26-84).. Do. 85-45 Generic namei: 3-substituted propanoic acid, glycol ester...... 49 FR 43105 (43107) (10-26-84).. Do. 85-46 Generic namei: Sutfonated polycyclic aromatics...... 49 FR 43105 (431QS (10-26-84).. Jan. 14, 1985. 85-47 Generic namet Sulfonated polycyclic aromatic, sodium salt...... 49 FR 43105 (43107) (10-26-84).. Do. 85-48 Generic namei: Sulfonated polycyclic aromatic, ammonium salt...... -.____ ..... 49 FR 43105 (43107) (10-26-84).. Do. 85-49 Generic nameC Sulfonated polycyclic aromatic, ammonium salt...... 49 FR 43105 (43107) (10-26-84).. Do. 85-50 Generic namer. Sulfonated polycyclic aromatic, zinc salt...... ______...... 49 FR 43105 (43107) (10-26-84).. Do. 85-51 Generic name : Monoethanolamine salt of lignin.;...... ______...... ______49 FR 43105 (43107) (10-26-84).. Jan. 15, 1985. 85-52 Generic namec Modified fatty acid polyamine condensate______„______49 FR 43105 (43107) (10-26-84).. Do. 85-53 Generic namei: Crosslinked acrylic copolymer...... 49 FR 43105 (43107) (10-26-84).. Do. 85-54- Generic namei: Organotungsten compound...... 49 FR 44139 (11-2-84)...... ;..^.. „ Jaa 16, 85-55 Generic name : Substituted sulfonated naphthalene...,...... 49 FR 44139 (11-2-84)...... Do. 85-56 Generic name Alkylcycloalkenyl ketone______49 FR 44139 (11-2-84)...... « ...... Do. 85-57 Generic name Cycloalkenyl alkyl oxirane..«...... 49 FR 44139 (44140) (11-2-84).... Do. 85-58 Generic name Cycloalkenyl alkyl thiirane______49 FR 44139 (44140) (11-2-84).... Do. 85-59 Generic name Cycloalkenyl alkyl thiol...... £ ...... 49 FR 44139 (44140) (11-2-84).... Do. 85-60 Generic name Functional polyester...... 49 FR 44139 (44140) (11-2-84).... Jan. 19, 1985. 85-81 Generic name Aromatic polyester....;...... __ 49 FR 44139 (44140) (11-2-84).... Do. 85-62 Generic name Polyalkylene oxide aromatic diisocyanate prepolymer...... ______...... 49 FR 44139 (44140) (11-2-84).... Do. 85-63 Generic name Alkyl substituted cyclopentanol...... _....„...... 49 FR 44139 (44140) (11-2-84).... Jan. 20, 1985. 85-64 Generic name Organosilicone copolymer...______...... ,______49 FR 44139 (44140) (11-2-84).... Do. 85-65 Generic name Substituted cycloalkanone...... ;...... 49 FR 44139 (44140) (11-2-84).... Do. 85-86 Generic name: Polyurethane p o l y m e r . . . . , ...... __ ...,,__ ... 49 FR 44139 (44140) (11-2-84).... Do. 85-67 2,2'-diallyl-4,41'-sulfonyl diphenol...... „...... 49 FR 44139 (44140) (11-2-84).... Do. 85-68 Generic name: Alkyd resin...... 49 FR 44139 (44140) (11-2-84).... Do. 85-69 Generic name: Condensation acrylic copolymer...... 49 FR 44139 (44140) (11-2-84).... Do. 85-70 Generic name: Epoxy modified alkyd resin...... J...... 49 FR 44139 (44140) (11-2-84).... Do. 85-71 Generic name: Alkyd resin...... „...... 49 FR 44139 (44141) (11-2-84).... Do. 85-72 Generic name: Lanthanum phosphate, cerium and terbium activated...... 49 FR 44139 (44141) (11-2-84).... Do. 85-73 Generic name: Modified acrylic polymer...... 49 FR 44139 (44141) (11-2-84).... Do. 85-74 Generic name: Modified acrylic polymer...... „...... 49 FR 44139 (44141) (11-2-84).... Do. 85-75 Generic name: Modified acrylic polymer...... 49 FR 44139 (44141) (11-2-84).... Do. 85-76 Generic name: Modified acrylic polymer...... 49 FR 44139 (44141) (11-2-84).... Do. 85-77 Generic name: Modified acrylic polymer...... 49 FR 44139 (44141) (11-2-84).... Do. 85-78 Generic name: Substituted propionamide...... «...... 49 FR 44139 (44141) (11-2-84).... Do. 85-79 Generic name: Substituted naphthol dyestuff...... 49 FR 44139 (44141) (11-2-84).... Jan. 21, 1985. 85-80 3-dodecyl-l-(2,2,6,6-tetramethyl-4-piperdinyl)-2-,5-pyrrolidinedione...... '...... 49 FR 44139 (44141) (11-2-84).... Do. 85-81 N-[3-methyl-5-(phenylamino)-2,4-penta-dienylidene] benzanamine, monohydrobromide salt ...... 49 FR 44139 (44141) (11-2-84)..., Jan. 22, 1985. 85-82 Generic name: Tetrasubstituted pyrazole salt...... 49 FR 44139 (44141) (11-2-84).... Do. 85-83 Generic name: Polyester from dimethyl terephthaiate, ethylene glycol and 3-substituted propano­ 49 FR 44139 (44141X11-2-84).... Do. ic acid glycol ester. 85-84 Generic name: Perfluoroalkyl substituted acrylate polymer...... 49 FR 44139 (44142) (11-2-84).. Do. 85-85 Generic name: Sodium salt of sulfated linear CHt alcohol ethoxytated...... ______...... 49 FR 44139 (44142) (11-2-84).. Do. 85-86 Generic name: Modified acrylic polymer...... 49 FR 44676 (11-8-84)...... «... Jan. 23,1985. 85-87 Generic name: Sulfonated carbocyclic diester...... «...... 49 FR 44676 (11-8-84)— ...... Do. 85-88 Generic name: Substituted phenyiamino substituted carbopolycycle sulfonio acid, salt...... 49 FR 44676 (44677) (11-8-84).. Do. 85-89 Generic name: Polyester from dimethyl terephthaiate, ethylene glycol, isophthalic acid and a 49 FR 44676 (44677) (11-8-84).. Jaa 26,1985. carboxylic acid. 85-90 Polymer of dimethyl therephthalate, ethylene glycol, dimethyl 5-sulfoisophthalate, sodium salt and 49 FR 44676 (44677) (11-8-84)., Do. polyethylene glycol. 85-91 Generic name: Alcohol ether sulfate, sodium salt...... 85-92 49 FR 44676 (44677) (11-8-84).. Do. Qeneric name: Hydroxyethylthiopolyalcohol...... 49 FR 44676 (44677) (11-8-84).. Do. 85-93 85-94 Generic name: Rosin-modified phenolic resin...... ,...... 49 FR 44676 (44677) (11-8-84).. Jaa 27,1985. Generic name: Carboxylated styrene/acrytic multipolymer...... ™.«...... '....«...... -..;...... _____ 49 FR 44676 (44677) (11-8-84).. Do. 85-95 Generic name: Carboxylated acrylic multipolymer...... I'.J...... 49 FR 44676 (44677) (11-8-84).; Do. . 4902 Federal Register / Voi 50, No. 23 / Monday, February 4, 1985 / Notices

ill. 102 Premanufacture Notices Received Previously and Still Under Review at the End of the Month— Continued

PMNNo. identity and generic name FR citation Expiration dale

85-96 Generic name: Reaction product from -the catalyzed reaction of 1,3-disubstituted benzene and an 49 FR 44676 (44677) <11-8-84)...... i O o . oxoalkane, reacted with soduim sulfide (NaifSx)). 85-97 Generic name: Modified polymer of alkyl acrylates and alkyl -methacrylates...... 49 FR 44676 (44677) (11-8-84)...... j Do. 85-98 2,2'-(1 ,3-phenylene)bis(4,5-dihydrooxazole)...... »...... 49 FR 44676 (44677) (H-S-ax) ...... : Do. 85-99 Generic name: (Roiyoxya!kyfene)bis(N-fomel!itimide),...... 49 FR 44676 (44677) (11-8-84)...... Jan. 28,1985, 85-100 Generic name: Modified melamine formaldehyde resin...... 49 FR 44676 (44678) (11-8-84)»...... Do. 85-101 Generic name: Modified malamine formaldehyde resin...... 49 FR 44676 (44678) (11-8-84)..,...... Do. 85-102 Generic name: Modified soybean-tung alkydresin..»...... 49 FR 44676 (44678) (11-8-84)...... Do.

III. 95 Premanufacture Notices for Which the Notice Review Period Has Ended During the Month (Expiration of the Notice Review | Period Does Not Signify That the Chemical Had Been Added to the Inventory)

PMN No. Identify and generic name FR citation Expiration dale!

84-99 Generic name: Hydroxylalkyl ether...... 48 FR 50944 (50945) (11-4-83)...... Nov. 30,1984 84-378 Generic name: Aromatic sulfonate of substituted heteropolycyde...... 49 FR 6160 (6161) (2-17-84)...... Nov. 14,1984. 84-379 Generic name: Aromatic sulfonate -of substituted heteropolycyde...... 49 FR6160 (6161) (2-17-84)...... Do. 84-380 Generic name: Aromatic sulfonate of substituted heteropoiy cycle...... 49 FR 6160 (6161) (2-17-84)...... Do. 84-527 Generic name: Unsaturated amino alkyl ester salt...... 49 FR 13744 (13745) (4-6-84)...... Nov. 1,1984. 84-537 Generic name: Unsaturated amino ester salt...... 49 FR 13744 (13745) (4-6-84)...... Do. 84-660 Generic name: Substituted aryl olefin...... 49 FR 19110 (18114) (5-4-84)..... Nov. 14,1984 84-704 Generic name: Substituted alkyl arene...... 49 FR 22126 (22130) (5-25-84) ...... Do. 84-809 Generic name: Polyesterimide resin...... ; 49 FR 24782 (24783) (6-15-84) .... Nov. 16,1984. 84-992 Generic name: Polyurethane polymer...... 49 FR 31136 (31137) (8 3-84) .. Nov. 17,1984. 84-1038 Antimony pentachloride dimethyl roethytphosphonate complex...... 49 FR 33718 (33719) (8-24-84) Nov. 3,1984. 84-1039 Generic name: Polyester resin...... 49 FR 33718 (33719) (8-24-84)..... Nov. 4, 1984. 84-1040 Generic name: Acrylic resin...... 49 FR 33718 (33719) (8-24-84).... Do. 84-1041 Generic name: Acrylic resin...... 49 FR 33718 (33719) (8-24-84) ...... Do. 84-104a Generic name: Sulfurized magnesium soap...... 49 FR 33718 (33719) (8-24-84)______Do. 84-1044 Generic name: Fatty dimethyl amine...... 49 FR 33718 (33719) (8-24-84) Do. 84-1045 Generic name: Fatty trimethyl ammonium chloride...... 49 FR 33718 (33719) (8-24-84)...... Do. 84-1046 2-naphthy!amine-3, 6, 8-trisutfonic acid, disodium salt...... 49 FR 337T8 (33719) (8-24-84)...... Do. 84-1047 Generic name: Aliphatic polycarbonate silicon urethane...... 49 FR 33718 (33719) (8-24-84)______,______Nov. 5, 1984. 84-1048 Generic name: Aliphatic polycarbonate urethane...... 4n f r san* <33719) (8-24-84)...... Do. 84-1049 Generic name: Aromatic poiyether urethane...... 49 FR 33718 (33719) (8-24-84)...... Do. 84-1050 Generic name: Aliphatic polycarbonate urethane...... 49 FR 33718 (33720) (8-24-84)...... Do. 84-1054 Generic name: Alkyl, sulfonic acid, ammonium salt...... 49 FR 33718 (33720) (8-24-84) . „...... Nov. ,6, 1984. 84-1055 Generic name: Alkyl, sulfonic acid, ammonium salt...... 49 FR 33718 (33720) (8-24-84) Do. 84-1056 Generic name: Alkyl, sulfonic acid, ammonium salt...... 49 FR 33718(33720) (8-24-84)....» Do. 84-1057 Generic name: Alkyl, sulfonic acid, ammonium salt...... 49 FR 33718 (33720) (8-24-84)___ __ Do. 84-1058 Polymer of diethylene glycol, maleic anhydride and benzoic acid...... 49 FR 33718 (33721) (8-74-84) ...... Nov. 7, 1984. 84-1059 Generic name: FJuoropotyester modified toluene diisocyanate polymer...... 49 FR 33718 (33721) (8-74-84) Do. 84-1060 Generic name: Potyamide-graft-polyacrytate polymer...... 49 FR 33718 (33771) (8-74-84) ...... Do. 84-1061 Generic name: Trisubstituted malonamide...... 49 FR 33718 (33771) (8-74-84) Nov. 10,1984. 84-1063 1,3-bis(1 -phenylethenyl)benzene...... 49 FR 33718 (33771) (8-74-84), Nov. 11, 1984. 84-1064 Generic name: Modified polyacrylamide anionic polymer...... 49 FR 33718 133771) (8-24-84)...... Do. 84-1065 Generic name: Polymer of mixed fatty acids, unsubstituted aromatic dicarboxytic acids and an 49 FR 33718 (33722) (8-24-84)...... ’ Do. aliphatic triol. 84-1066 Generic name: Substituted trisazo dye, salt...... 49PR 33718 (33722) (8-24-84) ...... Do. 84-1067 Generic name: Substituted metal complex...... 49 FR 33718 (33723) (8-24-84) Do. 84-1069 Generic name: Substituted ether of alkoxytated fatty alcohol...... 49 FR 33718 (33777) (8-74-84) Nov. 13,1984. 84-1070 Generic name: Alkoxytated fatty alcohol...... 49 FR 33718 (33777) (8 -2 4 -8 4 )...... Do. 84-1071 Generic name: Aikoxv aluminum alkyaceto- acetate...... 49 FR 3371* (33777) (8-74-84) - ...... Nov. 28,1984. 84-1072- Generic name: Copolyester polymer...... 49 FR 33718 (33722) (8-24-84)...... Nov. 13,1984. 84-1073 Generic name: Copolyester polymer...... 49 FR 33718 (33722) (8-24-84)...... »...... Do- 84-1075 Generic name: Propargyl ester...... 49 FR 34572 (8-31-84)...... ’...... Nov. .17,1984. 84-1076 Benzene, 1-(1 -phenyietheny i)-3-(1 -piierryi-ethy!)...... 49 FR 34877 (34873) (8-31-84) Do. 84-1077 Generic name: -Poivamine ion exchange resin...... 49 FR 34572 (34573) (8-31-84)...... Do. 84-1078 Generic name: Partial sodium -salt of aminomethyiene phosphorite acid...... 49 FR 34572 (34573) (8-31-84)...... Do. 84-1080 Generic name: Cyclic phosphite...... 49 FR 34572 (34573) (8-31-84)...... Nov. 18,1984. 84-1081 Generic name: Styrene acrylic copolymer...... 49 F R 34572 (34573) (8 -3 1 -8 4 ) Do. 84-1082 Generic name: Styrene acrylic copolymer...... 49 FR 34572 (34573) (8-31-84)...... , Do. 84-1083 Generic name: Acrylic copolymer...... 49 FR 34572 (34573) (8-31-84)...... Do. 84-1084 Generic name: Acrylic copolymer...... 49 FR 34572 (34573) (8 -3 1 -8 4 )...... Do. 84-1085 Generic name: -Polymer of aliphatic diamines, an aklanediol polyester, a monoalcohol polyether. 49 FR 34572 (34573) (8-31-84)...... »...... Do. and aliphatic diisocyanates. 84-1086 Generic name: Caprolactone modified by hydroxy ethyl acrylate...... 49 FR 34572 (34573) (8-31-84)...... Do. 84-1087 Generic name: Modified polyester...... 49 FR 34572 134573) (8-31 >84)______„...... ■ Nov. 20,1984. 84-1088 ■Generic name: Polyester...... 49 FR 34877 (34873) (8-31-84) Do. 84-1089 Generic name: Modified, maleated metal resinate...... 49 FR 34877 (34574) (8 -3 1 -8 4 )...... Do. 84-1090 Generic name: Fatty acid, carbomonocytic ester...... 49 FR 34877 (34874) (8-31-84) Do. 84-1091 Generic name: Fatty acid, carbomonocylic ester...... 49 FR 34877 (34574) (8-31-84)...... Do. 84-1092 Generic name: Fatty acid, carbomonocylic ester...... 49 FR 348771(34874} (8-31-84) Do. 84-1093 Generic name: Fatty acid, carbomonocylic ester...... 49 FR 34572 (34574) (8-31-84)...... Do. 84-1094 Generic name: Fatty acid, carbomonocylic ester...... 49 FR 34572 (34574) (8-3.1-84). Do. 84-1095 Generic name: Fatty acid, carbomonocylic ester...... 49 FR 34572 (34574) (8-31-84).,...... Do. 84-1096 Generic name: Fatty acid, carbomonocylic ester...... 49 FR 34877 (34874) (8-31-84) , , ...... Do. 84-1097 Generic name: Alky) phosphate ester amine salt...... 49 FR 34572 (34574) (8-31-84).»...... Do. 84-1098 Generic name: Aoetal interpolymer...... 49 FR 34572 (34574) (8-31-84)...... Do. 84-1099 4-arii!ino-4 '-hydroxy azo benzene...... 49 FR 34572 (34574) (8-31-84)...... Do. 84-1100 Generic name: Aliphatic polyurethane aqueous dispersion...... 49 FR 35414 (35415) (9-7-84)...... Nov. 21, 1984- 84-1101 Generic name: Type 1 anion exchange resin, bicarbonate/carbonate form...... 49 FR 35414 (34515) (9-7-84)...... Do. 84-1102 Generic name: -Modified polymer of acrylates and methacrylates...... 49 FR 35414 (35415) (9-7-84)...... Do. 84-1103 Generic name: Terpolymer of acrylate and methacrylates...... 49 FR 35414 (35415) (9-7-84) „ Oo. 84-1104 Generic name: Substituted triazines...... 49 FR 35414 (35415) (9-7-84) ... Do. $4*1105 Generic, name: Tetra amino di-substituted metal complex...... 49 FR 35414 (35415) (9-7-84)...... DO. 84-1106 Generic name: Alkoxytated poly(oxy-a!kylene)diamine...... 49 FR 35414 (35415) (9-7-84) ...... - Nov. 24,1984. 84-1107 Generic name: Cooper complex of a substituted biphenyl sutfonafnd salt ...... 49 FR 35414 (35415) (9-7-84) ...... Do. 84-1108 Generic name: Polyurethane polymer...... 49 FR 35414 (35415) (9-7-84)...... NOV. 25,1984. Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 4903

HI. 95 Premanufacture Notices for Which the Notice Review Period Has Ended During the Month (Expiration of the Notice Review Period Does Not Signify T hat the Chemical Had Been Added to the Inventory)— Continued

PMNNo. Identify and generic name FR citation Expiration date

IU-1109 49 FR 35414 (35415) (9-7-84) Do. 84-1110 Generic name: Terephthalic acid, polymer with polytetramethylene ether glycol, 2-oxepanone, 49 FR 35414 (35415) (9-7-84)...... Do. and an alkane diol. 84-1111 Generic name: Reacted brominated epoxy resin...... 49 FR 35414 (35415) (9-7-84)...... Do. 84-1112 Generic name: Aliphatic dicarboxylic acid polymer with alkane did...... 49 FR 35414 (35415) (9-7-84)...... Nov. 26, 1984.. 84-1113 Generic name: Acid form of sulfonated, alkylated diphenyl oxide...... 49 FR 35414 (35416) (9-7-84)...... Do. 84-1115 Generic name: Phenolic modified rosin ester...... 49 FR 35414 (35416) (9-7-84)...... Do. 84-1116 Adipic acid and phthalic anhydride polymers with ethylene glycol and neopentyl glycol terminated 49 FR 35414’(35416) (9-7-84)...... Do. with 2-ethyl hexand. 84-1117 Adipic acid, azelaic acid, phthalic anhydride, polymers with ethylene glycd neopentyl glycol and 49 FR 35414 (35416) (9-7-84)...... Do. 2-ethyl hexanol. 84-1118 Generic name: Carboxyl functional acrylic copolymer...... 49 FR 35414 (35418) (9-7-84) .. Do 84-1119 1,2,3-Propanetricarboxylic acid, 2-(acetoxy)-, tri-n-hexyl ester...... 49 FR 35414 (35416) (9-7-84)...... Do. 84-1120 1,2,3-Propanetricarboxylic acid, 2-(butoxy)-, tri-n-hexyl ester...... 49 FR 35414 (35416) (9-7-84)...... Do. 84-1121 1,2,3-Propanetricaiboxylic acid, 2-(acetoxy)-, tri-n-(octyl/decyl) ester...... 49 FR 35414 (35416) (9-7-84)...... Do. 84-1122 Generic name: Silicone glycd...... 49 FR 35414 (35416) (9-7-84)...... Do 84-1123 Generic name: Substituted sulfonated naphthalene...... 49 FR 35414 (35416) (9-7-84)...... Nov 27, 1984. 84-1124 Generic name: Modified styrene-divinylbeinzene polymer...... 49 FR 35414 (35416) (9-7-84)...... Do. 84-1125 Generic name: Methanone, alkyl-aryl...... 49 FR 35414 (35416) (9-7-84)...... Do. 84-1126 Generic name: Methanone, alkyl-substituted phenyl...... 49 FR 35414 (35417) (9-7-84)...... Do. 84-1127 Generic name: Sulfamic acid, substituted amine salt...... 49 FR 35414 (35417) (9-7-84)...... Do. 84-1132 Generic name: Heterocydic substituted cooper phthalocyanine...... 49 FR 38151 (3815?) (9-14-84) Nov. 28, 1984. 84-1133 Generic name: Hydroxy acrylic resin...... 49 FR 36151 (36152) (9-14-84)...... Do 84-1134 Generic name: Hydroxy acrylic resin...... 49 FR 36151 (36152) (9-14-84)...... Do. 84-1135 Generic name: Vinyl urethane...... 49 FR 36151 (36152) (9-14-84)...... Do.

NOTE.— 84-991 chemical identity published in the October 1984 Monthly Report 49 FR 49899 (49903) on December 24,1984 should be read as Cellulose, acetate propanoate, [(1-oxo-2- propenyl)amino methyl ether.

IV. 56 C h e m ic a l S u b s t a n c e s f o r W h ic h EPA H a s R e c e iv e d N o t ic e s o f C ommencement To M a n u f a c t u r e S

PMNNo. Chemical Identification Date of FR citation commencement

82-441 47 FR 27610 (27611) (6-25-82)...... „...... Sept. 21, 1984. 83-728 Generic name: Organic silane-sulfonyl azide...... 48 FR 22792 (22795) (5-20-83)...... Oct, 1984. 83-998 Generic name: 6-dibutylamino-2-(substituted) spiro (xanthene-9,3'-phthalide...... 48 FR 35713 (35714) (8-5-83)...... Oct 22, 1984. 83-1015 Generic name; Isocyanato functional polycarbamoyt (polyalkylene oxide) oligomer...... 48 FR 36647 (36649) (8-12-83)...... Nov. 12, 1984. 83-1016 Generic name: Isocyanato functional pdycarbamoyl (polyalkylene oxide) oligomer...... 48 FR 36647 (36649) (8-12-83)..;...... Do. 83-1017 Generic name: Isocyanato functional pdycarbamoyl (polyalkylene oxide) oligomer...... 4ft FR 3RR47 (36649) (ft-1?-ft3) Do. 83-1045 Generic name: 1,3-naphthaienedisulfonic acid, 4-amino-5-hydroxy-6-aryiazo...... - ...... 48 FR 37699 (37700) (8-19-83)...... Sept. 20, 1984. 83-1175 Generic name: Monosubstitutedheterocycle-sulfonylisocyanate...... 48 FR 41638 (41643) (9-16-83)...... Oct 22, 1984. 83-1211 Generic name: Monosubstitutedheterocycle-sulfonamide...... 48 FR 43397 (43398) (9-23-83)...... Oct. 4, 1984. 84-98 Generic name: Alkoxy polyd terpoiymer...... 48 FR 50944 (50945) (11-4-H3). ■ Oct. B, 1984. 84-105 Generic name: Halogented alkene...... 48 FR 50944 (40945) (11-4-83) ...... Nov. 26, 1984. 84-106 Generic name: Haiogenated alkane...... 48 FR 50944 (50945) (11-4-83)...... Do. 84-107 Generic name: Haiogenated alkane...... 48 FR 50944 (50945) (11-4-83).... Nov 16, 1984. 84-201 Generic name: Tetrasubstituted dithiadi-phosphetane...... 48 FR 52505 (52506) (11-18-83)...... Oct. 16, 1984. 84-223 Generic name: Aromatic sulfonate of substituted heteropolycycle...... 48 FR 55332 (12-12^-83)...... Nov. 15,1984. 84-232 Generic name: Alkyd resin...... 48 FR 55332 (55333) (12-12-83)...... Oct. 26, 1984. 84-336 Polymer of Mdamine, formaldehyde, o,p toluenesulfonamide, methly glucoside, sodium hydrox­ 49 FR 3523 (3524) (1-27-84).....'...... - ...... Oct. 27, 1984. ide, guanidine, carbonate, magnesium bromide. 84-387 Generic name: Substituted benzly alcohol...... 49 FR 6160 (6161) (2-17-84)...... Oct 8, 1984. 84-420 Generic name: 4-(4.5-dihydro-4-(5-hydroxy-3-methyl-1 -(4-sulfophenyl)-1 H/pyrazol-1 -yl-benzenesul- 49 FR 7654 (7655) (3-1-84)...... Nov. 19. 1984. fonic acid-triplotassium salt 84-548 Generic name: Carbodiimide...... 49 FR 14802 (14803) (4-13-84)...... Nov. 15,1984. 64-580 Generic name: Isoproply ester of substituted acetic acid...... 49 FR 16833 (16834) (4-20-84)...... Jan. 1, 1984. 84-581 Generic name: Qxaspiroalkane...... 49 FR 16833 (16834) (4-20-84)...... Do. 84-582 Generic name: Substituted triaikylbi-cyclononene...... '49 FR 16833 (16834) (4-20-84)...... Do. 84-584 Generic name: Methl alkanoate ester...... 49 FR 16833 (16834) (4-20-84)...... Do. 84-585 Generic name: Alkvl pentanoate ester...... « 49 FR ififiaa (16834) (a-?fl-fla) Do. 84-629 Generic name: Modified epoxy resin...... 49 FR 19110 (19111) (5-4-84)...... Sept. 20, 1984. 64-668 Generic name: Polyester from carbomonocyclic ester and alkylene glycd...... 49 FR 19110 (19114) (5-4-84)...... Oct 6, 1984. 84-672 Generic name: Reaction product of epoxides and aromatic amine...... 49 FR 22128 (22129) (5-25-84)...... Oct. 15, 1984. 84-682 Generic name: Modified, fatty amidoamine...... 49 FR 21113 (5-18-84)...... Oct 11, 1984. 84-705 Benzeneamine. 2-ethvl-6-methv1-N-methvlene...... 49 FR 22128 (22130) (5-25-84)...... Oct 31, 1984. 84-782 Generic name: Pentasubstituted naphthalene-carboxamide...... 49 FR 23916 (23919) (6-8-84)...... Oct 25, 1984. 84-797 N-ethy-N-(4-nitrophenvl)ethanamide...... 49 FR 24782 (6-15-84)...... Oct 3. 1984. 84-800 Generic name: Pentasubstituted naphthalene-carboxamide...... 49 FR ?47ft? (24783) (6-15 -B 4 )...... Do. 84-801 N-ethyl-N-[4-[(methylsulfony1)amino)phenyl] ethanamide...... 49 FR 24782 (24783) (6-15-84)...... Oct 31, 1984. 84-802 Generic name: Aromatic diamine polymer with epoxy phend novotac...... 49 FR 24782 (24783) (6-15-84)...... Nov. 7, 1984. 84-4)43 ' Generic name: Modified epoxy prepolymer...... 49 FR 2576 (25678) (6-22-84)...... Nov. 12, 1984. 84-844 Generic name: Amine salt of a styrene-divinyl benzene ion exchange resin...... 49 FR 25676 (25678) (2-22-84)...... Oct 17, 1984. 84-859 Generic name: Halophthalimide...... 49 FR 26800 (26801) (6-29-84)...... Oct. 23, 1984. 84-877 Generic name: Polyamide polyether polymer...... 49 FR 28614 (7-13-S4)...... Nov. 1. 1984. 84-889 Generic name: Substituted benzaldehyde...... 49 FR 28614 (28615) (7-13-84)...... Oct 30, 1984. 84-898 Generic name: Polyester polyd...... 49 FR 28616 (28617) (7-13-84)..... Oct 14. 1984. 84-933 Polymer of 2, Butenedioic acid (Z)-, monomethyl ester, polymer with ethenyl-benzene, 2,5- 49 FR 29451 (29453) (7-20-84)...... Nov 15, 1984. furandione and (Z)-2-methytpropyl hydrogen 2-butenedioate, ammonium hydroxide. 84-947 Generic name: Modified pigment yellow 12...... 49 FR 30238 (30239) (7-27-84)..... Oct. 29, 1984. 84-952 Generic name: Ketimine!..."...... 49 FR 30238 (30239) (7-27-84). .. Oct 15, 1984. 84-955 Generic name: Modified polyester resin...... 49 FR 30238 (30239) (7-27-84) Nov. 8, 1984. 84-966 Generic name: Oliaomeric did...... 49 FR 30238 (30240) (7-27-84)..... Od. 18, 1984. 84-967 Generic name: Polyether urethane polymer...... 49 FR 30238 (30240) (2-27-84)..... Do. 84-975 Generic name: Polymer of aliphatic diamines, an alkanediol polyester, a monoalcohol polyether, 49 FR 30238 (30241) (7-27-84)...... Oct 26, 19(14. a metal salt of an alkenedid polyether and aliphatic diisocyanates. 84-1025 Generic name: Modified essential oil...... 49 FR 32110 (32111) (8-10-84)...... Nov. 13, 1984. 84-1026 Generic name: Phenol, benzylic ether...... 49 FR 32110 (32111) (8-10-84).... 84-1029 Nov. 14, 1984. Generic name: Polyether aromatic isocyanate terminated prepdymer...... 49 FR 32110 (32112) (8-10-84)...... 84-1030 Oct 30, 1984. Generic name: Pdy(alkylsuccinic diester)...... 49 FR 33718 (8-24-84)...... Nov. 15, 1984. 4904 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices

IV, 56 C h e m ic a l S u b s t a n c e s f o b W h ic h E P A H a s R e c e iv e d N o t ic e s o f C ommencement T o M a n u f a c t u r e — Continued

PMN No. Chemical Identification FR citation Date of commencement

84-1031 Generic name: Poly(alkylsuccinic diester...... 40 FR .0371« (00710) (R_24_fl4) 84-1033 i Generic name: Alkylated phenol...... :...... 49 FR 32110 (32113) (8-10-84)...... - ...... „.... . 84-1058 I Polymer of diethylene glycol, -maleic anhydride, benzoic acid...... 49 FR 33721 (10-24-84)...... \ 84-1069 Generic name: Substituted either of alkoxylated fatty alcohol...... 40 FR 00721 (00722) («124-R4) 1 Nov. 14,1984.

V. 102 Premanufacture Notice for Which the Review Period Has Been Suspended

PMN No. Identity and generic name FR citation Date suspended

83-1 Generic name: Polyhalogenated aromatic alkylated hydrocarbon...... 47 FR 46371(10-18-82). Oct. 22,1982. 83-333 Generic name: Reaction product of poly-cyctesutfanic acid salt with phosphorus halide/haiogen, 48 FR 72(73) (1-3-83) .... Mar. 14, 1983. subsequent reaction with an amine, subsequent reaction with an aldehyde/sodium bisulfite alkali. 83-401 Generic name: Naphthaienetrisulfonic add, chlorortriazinylamino-methoxymethylphenylazo...... 48 FR 5304 (2 -4 -8 3 )...... Aug. 18,1983. 83-418 Generic name: Benzenedisulfonic acid, chtorothazmylarotnodimethylphenylazo-sulfonaphtha- 48 FR 5304 (5306) (2-4-83). Do. leneazo. , 83-461 Generic name: Substituted alkoxy silane______...... 48 FR 7299 (7300) (2-18-83)______Apr. 25,1983. 83-634 Generic name: Substituted mono azo aromatic...... 48 FR 17385 (4-22-83).______July 5,1983. 83-669 Generic name: Chromium complex of substituted phenotazosuifonaphthol with .nqphtholazosul- 48 FR 20490 (5-6-83)______Aug. 5, 1983. fonaphthol. 83-877 Generic name: Chromium complex of substituted alkylaEninoformimidphenol with sulfonaphthola- 48 FR 20490 (20491) (5-6-83). Do. zosulfophenytpyrazolone. 83-755 4-hydroxy-6-phenyiamincnaphthalene-2-sulfonic acid.______48 FR 24967 (6-3-83)______Aug. 17,1983. 83-770 Generic name: Cobalt complex of a substituted phenoiazonaphthol...... ,,,, ______48 FR 24967 (24968) (6-3-83) ...... Aug. 15, 1983. 83-771 Generic name: Chromium complex of substitued phenotazoalkylarylaminoformimidphenol with 48 FR 24967 (24968) (6-3-839__ Do. sulfonaphthylazosulfonaphthol. 83-860 Generic name: Metal complexed substituted aromatic azo compound...... 48 FR 30434 (30435) (7-1-83)... Sept. 21,1983. 83-875 4-(2-cyano-4-nitrophenyiazo)-[N-(2-cyanoethyl)-N (2-phenoxyethyl)amino] benzene .,„...... 48 FR 31460 (31462) (7-8-83)... Do. 83-876 4-(2-cyano-4-nitrophenylazo)-tN,N-bis(2-propionyloxyethyt)amino]-3-chlorobenzene.„...... 48 FR 31460 (31462) (7-8-83).... Do. 83-913 Generic name: Copper suifonylphenazopolyhydroxy phenazobenzoate...... I.;...__ 48 FR 32381 (32383) (7-15-83). Oct. 1, 1983. 83-1006 Generic name: (Amino)-(hydroxyMsub6tituted)(substituted) naphthalenedisulfonic acid, and 48 FR 36647 (36648) (8-12-83). Oct 14, 1983. famino)-(hydroxy)-(substituted)-(substituted) naphthalenedisulfonic acid, salts with sodium and potassium. 83-1007 Generic name: (Substituted)-(substituted)-hydroxy-r»aphthaiene9ulfonic acid, sodium salts...... 48 FR 36647 (36648) (8-12-83).. Do. 83-1012 Generic name: Bis(surtophenylchloro-triazmeaminosutiopbenylazo) hydroxyamino-disulfonaphtha- 48 FR 36647 (36648) (8-12-83).. Oct. 24, 1983. lene. 83-1018 Generic name: Substituted-naphthalene tetradisutfonic add, bis[(substituted- 48 FR 36647 (36649) (8-12-83)__ Do. hydroxyphenylazo)phenyi] derivative. 83-1033 Generic name: C,-,.carboxylic acid______. 48 FR 37699 (37700) (8-19-83)™ Dec. 8, 1983. 83- Generic 1238 name: Substituted anthraquinone_____ „______48 FR 43397 (43400) (9-23-83).... Dec. 9,1983. 84- Generic 15 name: Substituted heterocyclic .metal complex...... 48 FR 48863 (48864) (10-21-83).. Jan. 3, 1984. 84-17 Generic name: Substituted heterocyclic .metal complex______48 FR 48863 (48864) (10-21-83). Mar. 1,1984. 84-18 1 (1,1 dimethylethoxy)-propan-2-ol______... 48 FR 48863 (48864) (10-21-83).. Jan. 6, 1984. 84-36 Generic name: Substituted heterocyclic .metal complex...... „...... 48 FR 48863 (48866) (10-21-83).. Mar. 1,1984. 84-50 Generic name: Substituted heterocyclic metal complex.... . , ______48 FR 50951 (50952) (11-4-83)... Do. 84-64 Generic name: Substituted-phenylamino monochtoro-triazinyiamioo suifophenyiazo-substituted- 48 FR 50951 (59Ò53) (11-4-83)... Jan. 5,1984. disulfonaphthalenylazo-naphthalene-disulfonic add, hexasodium salt 84-108 Generic name: Trisubstituted heterocyclic disubstituted monocyde____ „______48 FR 50944 (50945) (11-4-83)______„___ !______Mar. 3,1984. 84-121 Generic name: Substituted heterocyclic metal complex______....._____.__ ___ 48 FR 50944 (50946) (11-4-83)______....____ i Mar. 1,1984. 84-306 Benzoic acid, 2-((((2-((2-methyl-1-oxo-2-propenyi)oxy)ethyi)araino)cart>onyl)oxy-, methyl ester____ 49 FR 903 (932) (1-6-84).______Mar. 22,1984. 84-307 2-propenoic acid, 2-methyl-, 2-((hexahydro 2-oxo-1 H-azepin-1 -yt)carbonyl)aminc)ethy1 ester...... 4930 FR 932 (1-6-84)______.... Do. 84-358 Generic name: Polyaromatic urethane poly (unsaturated} ester______49 FR 6991 (2-24-84)______: Apr. 26,1984. 84-375 Generic name: Sodium salt of alkyl dithiocarbamates 49 FR 4980 (4981) (2-9-84)___ .______.______May 11, 1984. 84-376 Generic name: Aryl esters of alkyt dithiocarbamates.. 49 FR 4980 (4981) (2-9-84)______;...... Do. 84-391 Generic name: Cuprate(5-i [5-hydroxy-2-[t4-[t5-hydroxy-6-[[2-methoxy-5- 49 FR 6160 (6162) (2-17-84) ______Apr. 27,1984. alcohols...______49 FR 20060 (20061) (5-11-84).. July 18,1984. 84-673 Generic name: Chromate (substituted naphthatenolato} (substituted substituted 49 FR 20060 (20061) (5-11-84)... July 20,1984. naphthalenoiato)inorganic salts. 64-698 Generic name: 9,10-Anthracenedione sulfonic acid, sodium salt____ „______„..______49 FR 22128 (22129) (5-25-84)___ July 26.1984. 84-703 Oxo-octyl acetate...... , ______49 22128 FR (22130) (5-25-84)..__ Aug. 9, 1984. 84-713 Generic name: Acrylated alkoxylated aliphatic polyol______„______49 FR 22128 (22130) (5-25-84)___ Aug. 3, 1984. 84-737 Generic name: Glycol ether...... 49 FR 22865 (22866) (6-1-84)____ Aug. 15, 1984. 84-738 Generic name: Clycol ether______49 FR 22865 (22866) (6-1-84)_____ Oo. 84-742 Generic name: Cross-linked modified polyvinyl amide______49 FR 22865 (22866) (6-1-84)_____ July 23, 1984. 84-780 Generic name: Aliphatic diacrylate______49 FR 23916 (23919) (6-8-84)_____ Aug. 22, 1984. 84-792 Generic name: Disubstituted anthraquinone^sulfonic acid, alkali metal salt______49 FR 23916 (23920) (6-4-84)___ - Do. 84-796 Generic name: Polyfunctonal aziridine______49 FR 24782 (6-15-84)..______Aug. 17.1984. 84-814 Generic name: Polysubstituted polyol______49 FR 24782 (24784) (6-15-84)___ Aug. 27, 1984 84-820 Generic name: Phosphonium salt....______„______„__ ...... ____ ...... 49 FR 24782 (24784) (6-15-84)___ 84-824 Generic name: Brominated aromatic______....______49 FR 25678 (6-22-84)______64-839 Generic name: Polyfunctional aziridine______49 FR 25676 (25677) (6-22-84)___ _ 84-858 Generic name: Polyalkylene glycol ether acrylate______49 FR 26800 (26801) (6-29-84).___ 84-860 Generic name: Disubstituted n itro b e n ze n e .... ______49 FR 26800 (26801)(6-29-84)___ Federal Register / Voi. 50, No. 23 / Monday, February 4, 1985 / Notices 4905 rTirMnwr>TTMMMirBr>r»iiiiiiiiiii>iiiiiiiii)i»iuiiiifciiMMB>iii»iwwwrwiMiii-|iiiii liwhiiWF1* — ir iw ir u M rr 1- r r m r M ir n n r Y n r M - iT T M ii n m ir ir iM iT T iM ^ M - T —

V. 102 Premanufacture Notice for Which, the Review Period Has Been Suspended—Continued

PMNNo. Identity and generic name FR citation j Date suspended

84-880 Generic name: Modified meiamine formaldehyde polymer.... 49 FR 28614 (7-13-84) . Aug, 22, 1964. 84-881 Generic name: Modified pioymer of styrene with alkyl acrylate and alky! methacrylates . 49 FR 28614 (28615) (7-13-84)...... Aug: 30; 1984. 84-885 Generic name: Carboxylic acid chloride...... 49? FR. 28614 (28615) (7-13-84) Oct. 4, 1984. 84-886 Generic name: Triazine derivative...... 49 FR 28614, (28615) (7-13-84) Oct 22,. 1984. 84-895 Generic name: Subsirtuted-substitoted benzenesulfonlc acid coupled with substitutetf-substituted '49 FR 28614 (28616) (7-13-84)...... Sept. 19; 1984. benzenes and substituted- substituted naphthaienedisuifcnic acid, sodium salt. 84-900 1,3,5-Triazme-2,4,6 (lH,3R5H)-trion8, 1,3,5-tris(23-dibramopropyl)._____ • 49 FR 286,16 (28617) (7-13-84)...... _ SepL 28, 1984 84-901 Bis(tetrabromobtspheno1 A)Bis(tribromo-phenyl)ethylenetetracarbonate...... 49 FR 28616 (28617) (7-13-84)...... Sept. 21, 1984. 84-902 Heaxabromodiphenyf amine...... 49 FR 26616 (28617) (7-13-84)______Do. 84-903 N-methylhexabromodiphenyl amine...... 49 FR 26616 (28617) (7-13-84) Do. 84-910 Phenol, p-aifvl...... Sept. 26, 1984. 84-913 Generic name: N,N’-bis(2-<2-(3-aikyl) thiasoiine)vinyi)-1,4-Dhenylene diamine double salt...... 49 FR 28616 (28618) (7-13-84)_____ Do. 84-916 Generic name: Mixed chromium complexes of substituted hydfoxyphenyl azot hydroxy-naphtha­ 49 FR 29451 P-20-84)...... Sept. 28, 1984. lenes, amine salts. 84-927 Generic name: Garbopolycyclic alkenyl ether...... 49 FR 29451 (7-90-84) Sept. 26, 1984. 84-938 Polymer of hydros ethyl acrylate and polyisocyanate T 1890/100...... 49 FR 29451 (29453) (7-20-84) .. Oct 1T 1984. 84-951 Generic name: Substituted smincbenzoic acid ester...... 49 FR 30938 (30939) (7-97-84) Oct. 4, 1984. 84-954 Generic name: Substituted aromatic....—...... 49 FR 30238. (30939) (7-97-84) Oct 10, 1984. 84-963 6-Nitro-2(3H)-benzoxazolone...... ■ 49' FR 30238 (30940) (7-97-84) 84-989 4-amino-3,6-bis[5-[4-(2'-carboxypyrid!nio)-6-(4-chloro-3-suifQnatfianiiino)-1„3,5-triazin-2-y.!ainiiicr3-2- 4ft F R 31138 (31137) (8-3-84)...... „.ZZZZZ"" Oct 16, 1984. sulfonato-phenylazol-5-hydroxy-2,7-naphthalene-disulfonate-dihydroxid, hexasodium. 84-1005 Generic name: Alkyl amine derivative...... 49 FR 32110 (8-10-84) O ct 24, 1984. 84-1007 Generic name: 3-aikyl-2-(2 -anilino)vinyl thiazoiinium salt...... 49 F R 32110 (8-10-84) .. Oct. 5, 1984. 84-1042 Methylammonium n-methyldithiocarbamate...... ,49 FR 33218 (33719) (8-24-84) Oct. 31, 1984. 84-1051 Generic name: Halogenated aromatic substituted olefin...... 49 FR 33718 (33720) (8-24-84) Oct 30 1984. 84-1053 Generic name: Ethoxylated vegetable fatty acids, end-capped...... 49 FR 33718 (33720) (8-94-84) Oct 26, 1984. 84-1062 Methyl vinyl sulforie...... Nov. 6, 1984. 84-1068 N-dimethylthiocarbamvIthio-N’-ahenvl urea...... 49 FR 3371« (33729) (8-24-84) Nov. 5, 1984. 84-1074 Generic name: Polyurethane pioymer...... 49 FR 3457? (8-31-84) Nov. 9, 1984. 84-1079 Generic name: Alkylated diphenyl oxide...... 49 FR 34572 (34573) (8-31-84)...... Nov. 26, 1984. 84-1114 Generic name: Sodium salt of sulfonated, alkylated diphenyl oxide...... 49 F R 35414 (35416) (9-7-8A)...... Nov, 19, 1984. 84-1128 Generic name: Isoalkyleneoxy alkanot...... 49 FR 35414 (35417) (9-7-84) . 84-1129 Acetic acid, ester with C.-C,, iso alcohols, Ci,— rich...... 49 FR 35414 (35417) (9-7^64) 84-1T30 Acetic acid, ester with. C,-C,» alcohols, C,— rich...... 49 FR 35414 (35417) (9-7-84) Do. 84-1131 Acetic acid, ester with C«r-CM iso alcohols, Cm— rich...... 4ft FR 35414 (35417) (9-7-84)..... Do. 84-1136? Generic name: Substituted aromatic amide...... 49 FR 36151’ (36152) (9-14-84) Nov. 20, 1984. 84-113? Generic: name: Cycloaliphatic epoxide...... 49 FR 361fit (3615?) (9^t4-Ad) Do. 84-1144 Generic, name: Isoalkyleneoxy alkanoate...... 49 FR 3615.1 (36152) i9-14-84) 84-1145 Generic name: Alkyltrialkoxysilane...... „...... 49 FR 361*51 (36152) (9-14-84) Nov. 2/11984. 84-1.16:7 Generic name: Epoxy ester...... Nov. 30, 1984.

(FR Doc. 85-2563 2691 Filed 2-1-85; 8:45 am] Western District of Tennessee (CR-84- days. If such a request is made, a time, BILLING CODE 6560-50-M 20085) of wilfully operating an Amateur place and Presiding Judge will be radio station on December 30,1983, arranged by a later order. If you do not without a proper license, in violation of request a hearing, the Commission staff fed er al communications section 301 of the Communications Act will determine, without a hearing, if COMMISSION of 1934, as amended (Title 47, United revocation is warranted, and will States Code, section 301). All consider any written statements you [PR Docket No. 84-1292; PR-2954-S et al.] determinations made in that proceeding submit. A form and envelope are are r e s ju d ica ta in this proceeding; David C. Saks ef af.; Order to Show enclosed for your reply. Cause, Suspension Order and 2. Section 312(a)(2) of the 4. Additionally, your Novice Class Communications Act of 1934, as Designation Order Amateur radio operator license is amended, allows us to. revoke your hereby suspended under section 303{m) In the matter of Revocation of License of station license for matters coming to our of the Act, for the remainder of its term. attention which would have prevented The suspension will be held in abeyance David C. Saks, P.O. Box PR Docket No. 84- granting your original application. 300GB, Memphis, 'Tennes­ 1292 PR-2954-S. Section 312(a)(4) of the Act allows us to (until the case is decided) if, within 30 see 3813® Licensee of revoke your station license for wilful or days of your receipt of this Order, you Station WD4SHP in the request a hearing or submit a written Amateur Radio Service. repeated violation of the Act of the Suspension of License of: PR Docket No. 84- Commission’s Rules, Section statement concerning the suspension David C. Saka, PCX Box 1293. 303(m)(l)(A) allows us to suspend your matter. If you do not request a hearing 30008, Memphis, Tennes- radio operator license for violation of or submit a statement, the suspension . 38130; Amateur Novice Class Operator the Act or Rules. Section 309(e) requires will take effect 30 days after your License. us to designate your application for receipt of this Order;1 Application of David PR Docket No. 84- hearing, if we are unable to find that its .5. Furthermore, your application 2 to Saks. P.O. Box 300 1294. Memphis. Tenness grant would serve the public, interest, upgrade your operator license to 38130. convenience and necessity. General Class is hereby designated for 3. You are ordered under section hearing under section 309(e) of the Act. 312(a)(2) and (4) and (e) of the Act to F°r Amateur General Class Operator Licei present evidence why your license for Adopted; November 29,1984. Amateur radio station WD4SHP should 1 Any contrary provisions of § 1.85 of the Released: January 14,1985. not be revoked. If you wish to present Commission's Rules are hereby waived. 1- On September 14,1984, you were such evidence at an evidentiary hearing 2 That application was granted on March 16,1984, but the grant was subsequently set aside on April FSS* (upon your plea of guilty) ii before an Administrative Law Judge, 12,1984, and the application was returned to e suited States District Court for th you must request a hearing within 30 pending status. 4906 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices

6. Your case will be decided on the Filed by: A.L. Stein, Attorney for Type of Respondents: State or Local following issues: Goodland Cable TV and KLOE-TV on Governments (a) To determine the effect of the 1—4—85. Number of Respondents: 150 above-mentioned conviction upon your Subject: Petitions Seeking Amendment Burden Hours: 3,038. qualifications to remain an Amateur of Part 68 of the Commission’s Rules Copies of the above information radio station licensee. Concerning Connection of Telephone collection request and supporting (b) To determine whether your license Equipment, Systems and Protective documentation can be obtained by for Amateur radio station WD4SHP Apparatus to the Telephone Network calling or writing the FEMA Clearance should be revoked. and Notice of Inquiry into Standards for Officer, Linda Shiley, (202) 646-2624, 500 (c) To determine, in light of the above- Inclusion on One and Two-Line C Street SW„ Washington, D.C. 20472. mentioned conviction, whether the Business and Residential Service in Part Comments should be directed to Mike suspension of your Novice Class 68 of the Commission’s Rules. (CC Weinstein, Desk Officer for FEMA, Amateur radio operator license should Docket No. 81-216, RM’s 2845, 3195, Office of Information and Regulatory be affirmed, modified or dismissed. 3206, 3227, 3283, 3316, 3329, 3348, 3501, Affairs, OMB, Rm. 3235, New Executive 3526, 3530, 4054 & 4087) (d) To determine, in light of the above- Office Building, Washington, D.C. 20503. Filed by: James A. DeBois, David J. mentioned conviction, whether granting Ritchie & Wendy L. Miller, Attorneys for Dated: January 29,1985. your application would serve the public AT&T Information Systems, Inc., on 1- Walter A. Girstantas, interest, convenience and necessity and 14-85. Andrew D. Lipman, Attorney for Director, Administrative Support. whether it should be granted. Verilink Corporation on 1-14-85. [FR Doc. 85-2744 Filed 2-1-85; 8:45 am] 7. The revocation and suspension Subject: Low Power Television and BILLING CODE 671S-01-M proceedings are hereby consolidated for Television Translator Service. (MM hearing pursuant to § 1.227 of the Docket No. 83-1350) Commission’s Rules. Filed by: Victor E. Ferrall, Jr„ Linda K. FEDERAL MARITIME COMMISSION 8. Any questions about this should be Smith & John T. Scott, III, Attorneys for directed to the Special Services Division the State of Alaska. Items Submitted for OMB Review of the Private Radio Bureau at (202) 632- Subject: Amendment of the 7197. This Order is being sent by Commission’s Rules Regarding the The Federal Maritime Commission Certified Mail—Return Receipt Modification of FM and Television hereby gives notice that the following Requested and Regular Mail to P.O. Box Station Licenses. (MM Docket No. 83- items have been submitted to OMB for 30008, Memphis, Tennessee 38130 and to 1148) review pursuant to the Paperwork 1791 Madison Avenue, Memphis, Filed by: Meredith S. Senter, Jr., Reduction Act of 1980 (44 U.S.C. 3501, et Tennessee 38104. Attorney for Spanish International seq.). Requests for information, Chief Private Radio Bureau. Communications Corporation on 9-27- including copies of the collection of information and supporting Raymond A. Kowalski, 84. William J. Tricarico, documentation, may be obtained from- Chief, Special Services Division. Francis C. Hurney, Secretary, Federal [FR Doc. 85-2723 Filed 2-1-85; 8:45 amj Secretary, Federal Communications Commission. Maritime Commission, 1100 L Street, BILLING CODE 6712-01-M NW., Room 11101, Washington, D.C., [FR Doc. 85-2724 Filed 2-1-85; 8:45 am] 20573, telephone number (202) 523-5725. BILLING CODE 6712-01-M Comments may be submitted to the [Report No. 1495] Office of Information and Regulatory Affairs of the Office of Management and Petitions for Reconsideration and FEDERAL EMERGENCY Budget, Attention: Desk Officer for the Clarification of Actions in Rule Making MANAGEMENT AGENCY Federal Maritime Commission, within 15 Proceedings Agency information Collection days after the date of the Federal January 28,1985. Submitted to the Office of Register in which this notice appears. The following listings of petitions for Management and Budget for Summary of Items Submitted for OMB reconsideration and clarification filed in Clearance Review Commission rulemaking proceedings is The Federal Emergency Management 46 CFR Part 540— Security for the Protection published pursuant to CFR 1.429(e). of the Public and Related Application Form Agency (FEMA) has submitted to the Oppositions to such petitions for FM C -131 Office of Management and Budget the reconsideration and clarification must following information collection FMC is resubmitting request for an be filed Within 15 days after publication package for approval in accordance extension of clearance for 46 CFR Part of this Public Notice in the Federal with the Paperwork Reduction Act (44 540 and Form FMC-131 to comply with Register. Replies to an opposition must U.S.C. Chapter 35)-. OMB’s request for consolidated be filed within 10 days after the time for submission. Title 46 CFR Part 540 filing oppositions has expired. Type: Extension of 3067-0163 Title: Individual and Family Grant (IFG) provides procedures whereby persons in Subject: Amendment of the Program Information the United States who arrange, offer, Commission’s Rules to Delete Abstract: The formats presented for advertise or provide passage on a vessel Restrictions on Cable Television approval are checklists, reviews, and having berth or stateroom Broadcast Television Cross-Ownership. other management tools accommodations for 50 or more (RM-3810) recommended for use by FEMA passengers and embarking passengers at Divestiture Requirement of § 76.501 Regional staff in fulfilling their U.S. ports shall establish their financial Relative to Egregious Cable Television requirements for monitoring the IFG responsibility or, in lieu thereof, file a Broadcast Television Cross-Ownership program. Some of the information is bond or other security to meet liabilities in Existence on or before July 1,1970. obtained from the State implementing for nonperformance of voyage, or for (Docket No. 20423) the IFG program injury or death to passengers or other Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 4907 persons on voyages to or from U.S. In order to achieve a cost/revenue Board also believes that revisions to the ports. Related Application form FMC- match, including PSAF, in 1985, and in fee structure for the definitive securities 131 must also be completed. Estimates view of changing industry practices safekeeping activity are essential to for the respondent universe of 60 are as attributable to the Tax Equity and Fiscal achieving this goal. Reregistration of a follows: for 46 CFR Part 540,154 Responsibility Act, the Board proposed registered security is labor intensive and responses and 639 manhour burden; for several changes to the fee structures in costly because the security must be related application form FMC-131, 50 November 1984. 49 FR 46488 (November withdrawn from safekeeping, annual responses and 300 manhour 26,1984). The proposed revisions to the transported to the transfer agent, and burden. Total cost to the Federal definitive securities safekeeping fee returned into safekeeping. These costs Government is estimated at $54,400; structure included: (1) The addition of a have been increasing as the number of total cost to respondents is estimated at reregistration fee by all Reserve Banks registered securities increases. $54,200. to recover the costs of sending a Similarly, the optional fee to Francis C. Humey, registered security to the transfer agent differentiate between coupon bearing Secretory. for reregistration; (2) the introduction on a district option basis of a fee to securities and registered securities [FR Doc. 85-2799 Filed 2-1-85; 8:45 ami differentiate the higher costs of reflects the increased costs resulting BILLING CODE 6730-01-M safekeeping coupon bearing securities from the need to clip maturing coupons as compared with registered securities. twice yearly. Registered securities Proposed revisions to the noncash usually have no coupons. Generally, FEDERAL RESERVE SYSTEM collection activity fee structure included: costs related to coupon bearing (1) An optional return item fee; (2) the securities do not decline as rapidly as [Docket No. R- 0533] Addition of a mixed deposit option on a the number of coupon bearing securities permanent basis;2 and (3) the option of declines because of their labor intensive Fee Schedules for Federal Reserve nature and requirements to maintain Bank Services setting different city and country collection fees for Reserve Banks not high security standards in this agen cy: Board of Governors of the electing to offer a mixed deposit operation.4 Federal Reserve System. program. Fees were projected to With regard to the noncash collection actio n : 1985 Fee Schedules for the increase by an average of 21.5 percent. activity, two commenters supported the Definitive Securities Safekeeping and Ten comments, six from Reserve imposition of a return item fee on a Noncash Collection Service. Banks, were received concerning the district option but expressed concern Board’s proposals. Comments received over the level of the fee. One commenter sum m ary: The Board has approved new from depository institutions were stated that a depository institution fee structures and fees for the Federal generally favorable. One commenter should not be charged the return item Reserves’ definitive securities suggested that cost reduction efforts fees of two Reserve Banks handling safekeeping and noncash collection continue instead of increasing fees. One returned out-of-district items. service. depository institution objected to the In light of the comments received, effective d a t e : February 28,1985. imposition of a reregistration fee for Reserve Banks reviewed the costs FOR FURTHER INFORMATION CONTACT: registered securitits kept at a Reserve Bank solely for pledging purposes. associated with return item handling. As Gerald D. Manypenny, Manager (202/ a result of that review, ten of the 452-3954), or Donna A. DeCorleto, Another commenter stated that reregistrationis a labor intensive Reserve Banks believed the level of the Senior Analyst (202/452-3956), Divison fee was appropriate and the St. Louis of Federal Reserve Bank Operations; or procedure for which most commercial banks charge and the proposed fee was Reserve Bank decided not to exercise Daniel L. Rhoads, Attorney (202/452- the option to impose a return item fee.5 Legal in line with commercial bank charges in 3711), Division, Board of The return item fee will be assessed Governors that district. This commenter also stated of the Federal Reserve only by the collecting Reserve Bank. System, Washington, D.C. 20551. that, although its local Reserve Bank was not exercising the option to charge One commenter supported the mixed supplementary information : In of fee to differentiate between coupon deposit option as beneficial to those September 1983, the Board approved fee bearing and registered securities, such depository institutions that do not have schedules for the definitive securities an option was not necessary because sufficient volume of noncash items to safekeeping and noncash collection the declining number of coupon bearing justify the time involved in sorting. The service. 48 FR 44647 (September 29, securities would result in declining Board believes that in light of the 1983). Fees were established to provide costs. One commenter expressed benefits of the program for these a matching of costs, excluding the concern about the increase in its depository institutions, the mixed private sector adjustment factor Reserve Bank’s deposit and withdrawal deposit program should be approved on ( PSAF”), and revenues in bie third fees. quarter of 1984. The Federal Reserve a district option basis. The Board also A review of the Reserve Banks' cost recovered 98 percent of the costs of determined that Reserve Banks not and revenue projections for 1985 providing this service in the end of the indicates that the fee increases reflected third quarter of 1984 based on costs and approximately 3 percent due to significant volume in the request for comment are revenues of approximately $4.7 million increases and to the introduction of float costing in necessary to ensure that the System 1984. Excluding float, 1984 costs declined 1 percent and $4.6 million, respectively. recovers fully the cost, including PSAF, compared to 1983. Costs are projected to decline by Preliminary data for the fourth quarter 2.3 percent in 1985. of providing this service in 1985.3 The of 1984 indicates a recovery rate 4 Three Reserve Banks will adopt a par value fee comparable to that of the third quarter.1 for coupon bearing securities to reflect this 2 The Mixed deposit program provides depository differential and another Reserve Bank will alter its institutions in participating districts the option of account maintenance fee. Preliminary data for the year indicates that submitting unsorted coupon envelopes. *The Atlanta Reserve Bank had previously ss, including PSAF, were $21.7 million with * Reserve Banks are continuing cost reduction decided not to charge a return item fee. revenue of $18.5 million. efforts: In 1984, cost for the service increased 4908 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices offering the mixed-deposit program be the definitive securities safekeeping and projected costs of $21.2 million and given the option o f adopting different noncash collection service, to be projected revenue of $21.3 million. city and country collection fees. effective February 28,1985. The revised After review of the comments By order of the Board of Governors of the fee schedules are attached. The Board Federal Reserve System, January 29,1985. received and analysis of the issues believes that the revised fee schedules William W. Wiles, raised, the Board has decided to will provide for full recovery of costs, approve the revised fee schedules for including PSAF, in 1985 based on Secretary of the Board.

Attachment I — 1985 Price Schedule Definitive Safekeeping

Deposits Withdrawals 1 Receipts/issues Purchases and Re- sales Par 1-400 400+ 400 + registra- 1-400 tons value 1984 1985 1984 1985 1985» 1984 1985 1984 1985 1984 1985 1985 1

Boston...... 12 50 12 50 12.50 New York...... 35.50 35.50 35.50 35.50 5.35 5.35 4.75 4.75 23.00 23.00 35.50 0.0050 Philadelphia 3...... 15.00 16.00 15.00 16.00 3.00 3.25 2.00 2.25 19.00 20.00 20.00 Cleveland...... 15.00 15.00 15.00 15.00 2.25 2.00 1.75 1.5(7 25.00 25.00 15.00 0.0050 Richmond...... 15.00 15.00 15.00 15.00 1.50 1.95 1.00 1.45 20.00 20.00 15.00 Atlanta 4...... 0 00 0 00 Chicago...... 11.00 15 00 11 00 Detroit5...... 11.00 11.00 11.00 11.00 2.00 2.25 1.75 , 2.00 C) (7) 11.00 St. Louis...... - ...... 8.00 10.00 8.00 10.00 1.25 1.50 0.90 0.90 (7) V) 10.00 Minneapolis...... 8.00 8.00 8.00 8.00 1.40 1.40 0.75 0.75 10.00 10.00 8.00 Kansas City...... 15.00 15.00 15 00 15 00 Dallas...... 10.00 10.00 10.00 10.00 2.75 2.25 2.50 2.00 26.50 26.50 10.00 0.0080 1 Actual shipping costs additional. 2 Applied to coupon bearing securities only; fee per $1,000 par value. 3 Philadelphia— $2.25 fee for ail registered securities. This is to recognize the lower handling costs of registered securities versus bearer securities. 4 Atlanta 1-500 receipts @ $2.50 in 1984/85, 500-1000 @ $2.00 in 1984/85, and 1000+ @ $1.50 in 1984/85. 3 Detroit Riot 1-100 receipts priced at @ $3.00 1984/85, over 100 receipts @ $2.25 in 1984 and $2.50 in 1984 including collection of coupons. 6 See below. 7 N / A . Attachment II.— 1985 Price Schedule Noncash Collection [For banks not offering a mixed deposit product]

Local coupons Add-on fee for interdistrict Postage and insurance 1 Return flbnd redemptions and coupons items sales2 Local City Country 1984 1985 1984 1985 1985 1984 1985 1985 1984 1985

Boston...... ;...... 2.00 2.00 2.00 2.55 2.75 1.00 1.00 3.00 12.50 12.50 New York...... 2.50 2.75 4.00 2.75 2.75 0.50 0.75 10.00 35.50 35.50 Philadelphia...... 2.90 2.90 2.90 2.55 2.85 1.00 1.00 10.00 15.00 20.00 Richmond...... _...... _ .J 2.00 2.00 2.00 2.50 3.50 1.00 1.00 5.00 20.00 20.00 Chicago 3...... 3.50 3.50 3.50 2.75 2.75 0.70/1.70 1.00/2.00 10.00 11.00 20.00 Detroit...... 2.50 2.50 2.50 2.60 3.00 1.00 1.00 10.00 11.00 11.00 Minneapolis 4...... „...... 2.50 2.50 2.50 2.70 3.00 0.60 0.60 10.00 8.00 8.00 Kansas City...... * 3.20 3.50 3.50 2.50 3.50 1.00 1.00 10.00 15.00 20.00 San Francisco...... 4.00 5.00 5.00 N/A N/A 1.00 1.00 10.00 35.50 35.50 1 Per $1,000. 2 Actual shipping cost additional.

[For banks offering a mixed deposit product]

Locai coupons from in-district Local coupons from out-of- Inter-district coupons Re- Bond DFI's district DRI’s turn redemptions Fine sort Mixed items and sales' City Country City Country 1984 1985 1984 1985 1984 1985 1984 1985 1984 1985 1984 1985 1985 1984 1985

Cleveland...... 2.25 2.75 2.75 3.00 3.00 3.25 3.00 3.50 2.75 4.00 3.75 5.00 10.00 15.00 15.00 Atlanta...... 1.75 1.75 2.50 2.50 1.40 2.40 1.40 3.15 2.75 2.75 3.75 3.75 0.00 7.50 7.50 St. Louis...... 2.00 3.25 2.00 3.25 2.00 3.25 2.00 3.25 2.75 3.25 3.25 3.25 0.00 10.00 10.00 Dallas...... 2.75 3.00 ' 2.75 3.00 2.10 3.50 2.10 3.50 2.75 3.25 3.75 4.50 10.00 15.00 20.00

1 Chicago— 1985 postage and insurance $1.000 per $1000 local, $2.000 per $1000 Interdistrict 2 Minneapolis— 12th district coupons $4000; bounds $8.00. 3 Plus postage and insurance.

[FR Doc. 85-2729 Filed 2-1-84; 8:45 am] BILLING CODE 6210-01-M

BankEast Corp. et at.; Applications To § 225.23(a)(1) of the Board’s Regulation engage d e novo, either directly or Engage de Novo in Permissible Y (12 CFR 225.23(a)(1)) for the Board’s through a subsidiary, in a nònbanking Nonbanking Activities approval under section 4(c)(8) of the activity that is listed in § 225.25 of Bank Holding Company Act (12 U.S.C. Regulation Y as closely related to The companies listed in this notice 1843(c)(8)) and § 225.23(a) of Regulation banking and permissible for bank have filed an application under Y (12 CFR 225.21(a)) to commence or to holding companies. Unless otherwise Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 4909

noted, such activities will be conducted Board of Governors of the Federal Reserve holding company by acquiring 100 throughout the United States. System, January 29,1985. percent of the voting shares of First Each application is available for James McAfee, State Bank of Lineville, Lineville, immediate inspection at the Federal Associate Secretary o f the Board. Alabama. Reserve Bank indicated. Once the [FR Doc. 85-2727, Filed 2-1-85; 8:45 am] C. Federal Reserve Bank of Chicago application has been accepted for BILLING CODE 6210-01-M (Franklin D. Dreyer, Vice President) 230 processing, it will also be available for South LaSalle Street, Chicajgo, Illinois inspection at the offices of the Board of 6069a* Governors. Interested persons may Central Fidelity Banks, Inc., et at.; 1. Farmers Banc, Inc., Tipton, Indiana; express their views in writing on the Formations of; Acquisitions by; and to become a bank holding company by Mergers of Bank Holding Companies question whether consummation of the acquiring 100 percent of die voting proposal can “reasonably be expected The companies listed in this notice shares of Farmers Loan & Trust to produce benefits to the public, such have applied for the Board’s approval Company, Tipton, Indiana. as greater convenience, increased under section 3 of the Bank Holding 2. First Berne Financial Corporation, competition, or gains in efficiency, that Company Act (12 U.S.C. 1842) and Berne, Indiana; to become a bank outweigh possible adverse effects, such § 225.14 of the Board’s Regulation Y (12 holding company by acquiring 100 percent of the voting shares of First as undue concentration of resources, CFR 225.14) to become a bank holding Bank of Berne, Berne, Indiana. decreased or unfair competition, company or to acquire a bank or bank D. Federal Reserve Bank of St. Louis conflicts of interests, or unsound holding company. The factors that are (Delmer P. Weisz, Vice President) 411 banking practices.” Any request for a considered in acting on the applications Locust Street, St. Louis, Missouri 63166: hearing on this question must be are set forth in section 3(c) of die Act (12 1. Banterra Corp., El Dorado, Illinois; accompanied by a statement of the U.S.C. 1842(c)). Each application is available for to acquire 15.8 percent of the voting reasons a written presentation would shares or assets of Egypt Bancorp, Inc., not suffice in lieu of a hearing, immediate inspection at the Federal Reserve Bank indicated. Once the Marion, Illinois and thereby indirectly identifying specifically any questions of application has been accepted for acquire Bank of Egypt, Marion, Illinois. • fact that are in dispute, summarizing the processing, it will also be available for In this regard, Egypt Bancorp, Inc., evidence that would be presented at a inspection at the offices of the Board of Marion, Illinois, has applied to acquire hearing, and indicating how the party Governors. Interested persons may 80 percent of the voting shares of Bank commenting would be aggrieved by express their views in writing to the of Egypt, Marion, Illinois. approval of^the proposal. Reserve Bank or to the offices of the E. Federal Reserve Bank of Dallas Unless otherwise noted, comments Board of Governors. Any comment on (Anthony J. Montelaro, Vice President) regarding the applications must be an application that requests a hearing 400 South Akard Street, Dallas, Texas received at the Reserve Bank indicated must include a statement of why a 75222: or the office of the Board of Governors written presentation would not suffice in 1. Horizon Bankshares, Inc., Forth not later than February 23,1985. lieu of a hearing, identifying specifically Worth, Texas; to become a, bank holding any questions of fact that are in dispute company by acquiring 100 percent of the A. Federal Reserve Bank of Boston and summarizing the evidence that voting shares of The National Bank of .(Richard E. Randall, Vice President) 600 would be presented at a hearing. Texas at Forth Worth, Forth Worth, Atlantic Avenue, Boston, Massachusetts Unless otherwise noted, comments Texas. 02106: regarding each of these applications Board of Governors of the Federal Reserve 1. BankEast Corporation, Manchester, must be received not later than February Bank System, January 29,1985. New Hampshire; to engage d e novo 25,1985. James McAfee, through its subsidiary, BankEast A. Federal Reserve Bank of Richmond Associate Secretary o f the Board. Mortgage Corporation, Manchester, New (Lloyd W . Bostian, Jr., Vice President) [FR Doc. 85-2728 Filed 2-1-85; 8:45 am] Hampshire, in making, acquiring and 701 East Byrd Street, Richmond, Virginia BILLING CODE 6210-01-M servicing loans or other extensions of 23261: credit secured by real estate mortgages X. Cenjtral Fidelity Banks, Inc., for its own account and the accounts of Richmond, Virginia; to acquire 100 FEDERAL TRADE COMMISSION others. These activities would be percent of the voting shares or assets of Commission Announcement of conducted in New England and the mid- the successor by merger to The First Cigarette Manufacturers’ and Atlantic states. Bank of Poquoson, Poquoson, Virginia. Importers' Obligations Under the B. Federal Reserve Bank of Atlanta Comprehensive Smoking Education B. Federal Reserve Bank of Chicago (Robert E. Heck, Vice President) 104 Act To Submit Rotational Plans (Franklin D. Dreyer, Vice President) 230 Marietta Street, N.W., Atlanta, Georgia South LaSalle Street, Chicago Illinois 30303: AGENCY: Federal Trade Commission. 60690: 1. Banco Del Pacifico, Guayas, ACTION: Announcement regarding 1 -The Marine Corporation, Ecuador; to become a bank holding rotational health warnings. company by acquiring 50.02 percent of Milwaukee, Wisconsin; to engage de the voting shares of Pacific National SUMMARY: On October 12,1984 the novo through its subsidiary, Marine Bank, Miami, Florida. President signed into law the Bank Services Corporation, Milwaukee, 2. Dahlonega Bancorp, Inc., Comprehensive Smoking Education Act. Wisconsin, in providing data processing Dahlonega, Georgia; to acquire 100 The Act requires that, effective one year ond data transmission services, percent of the voting shares or assets of from the date of enactment, all cigarette facilities, data bases and access to such The Bank of Ellijay, Ellijay, Georgia. packages and advertisements bear services, facilities and data bases by 3. First State Capital Corporation, rotational health warnings. The Federa any technological means. Lineville, Alabama; to become a bank Trade Commission is charged with 4910 Federal Register / Vol. 50, No. 23 / Monday, February .4, 1985 / Notices approving rotational plans submitted by By direction of the Commission. Consumer Protection, Federal Trade cigarette manufacturers and importers. Emily H. Rock, Commission, Washington, D.C. 20580 DATE: Submission Deadline: Plans Secretary. (202-376-8648) or Harold C. Pillsbury, should be submitted by May 6,1985. [FR Doc. 85-2763 Filed 2-1-85; 8:45 am] Bureau of Consumer Protection, Federal Trade Commission, Washington, D.C. FOR FURTHER INFORMATION CONTACT: BILLING CODE 6750-01-M 20580 (202-523-3559). Judith P. Wilkenfeld, Program Advisor, Cigarette Advertising and Testing, SUPPLEMENTARY INFORMATION: The Promotional Games of Chance Aging Federal Trade Commission, 6th & Federal Trade Commission’s Laboratory Information Collection Activities Under Pennsylvania Avenue NW., Washington, has determined the “tar” (dry OMB Review D.C. 20580. (202) 376-8648. particulate matter), total alkaloid (reported as nicotine) and carbon SUPPLEMENTARY INFORMATION: AGENCY: Federal Trade Commission. monoxide content of 207 varieties of ACTION: Application to OMB under the Requirements of the Comprehensive cigarettes. The laboratory utilized the Paperwork Reduction Act, (44 U.S.C. Smoking Education Act Cambridge filter method with the 3501 seq.J for review of a voluntary e t following specifications as set forth in All cigarette packages and survey of individuals who have played a the Commission’s announcement of July advertisements other than outdoor “Game of Chance” in the past twelve 31,1967 (31 FR 11178) and July 10,1980 billboards must rotate the following months. (45 FR 26483). warnings on a quarterly basis: SUMMARY: The FTC is requesting OMB 1. Smoke cigarettes to a 23mm. butt SURGEON GENERAL’S WARNING: review under 5 CFR 1320.14 of a length, or to the length of the filter and Smoking Causes Lung Cancer, Heart telephone survey of adults who have overwrap plus 3mm. if in excess of Disease, Emphysema, And May played a promotional game of chance at 23mm. Complicate Pregnancy. a food retailer, gasoline station, or other 2. Base results on a test of SURGEON GENERAL’S WARNING: retailer, such as a fast food chain. The approximately 90 cigarettes per brand, Quitting Smoking Now Greatly information collected will be used by or type. Reduces Serious Risks to Your Health. the FTC to evaluate the Commission’s 3. Cigarettes to be tested will be SURGEON GENERAL’S WARNING: Games of Chance Trade Regulation selected on a random basis, as opposed Smoking by Pregnant Women May Rule, 16 CFR 419. Specifically, the to “weight sélection”. Result in Fetal Injury, Premature Birth, Bureau of Consumer Protection is 4. Determine particulate matter on a And Low Birth Weight. seeking data with which to evaluate the “dry” basis employing the gas SURGEON GENERAL’S WARNING: importance to consumers of the chromatography method published by Cigarette Smoke Contains Carbon information disclosures required by the C.H. Sloan and B.J. Sublett in Tobacco M on oxid e. rule. Science 9, page 70,1965, as modified by All cigarette advertisements on DATE: Comments on this request for F.J. Schlutz’ and A.W. Spears’ report outdoor billboards must rotate the OMB review must be submitted on or published in Tobacco, vol. 162, no. 24, following warnings on quarterly basis: before March 6,1985. page 32, date June 17,1966, to determine the moisture content. SURGEON GENERAL’S WARNING: A D D R ESS: Send comments to Mr. Don Arbuckle, Office of Information 5. Determine and report “tar” content Smoking Causes Lung Cancer, Heart Regulatory Affairs, Office of after subtracting moisture and alkaloids Disease, and Emphysema. Management and Budget, New (as nicotine) from particulate matter. SURGEON GENERAL’S WARNING: Executive Office Building, Room 3228, 6. Carbon monoxide is determined by Quitting Smoking Now Greatly Washington, D.C. Copies of the nondispersal infrared Reduces Serious Health Risks. application may be obtained from: ' spectrophotometer. SURGEON GENERAL’S WARNING: Public Reference Branch, Room 130, Concerning the 207 varieties tested, 15 Pregnant Women Who Smoke Risk Federal Trade Commission, were capable of being smoked to 23mm. Fetal Injury and Premature Birth. Washington, D.C. 20580. The butt length of the other 192 varieties SURGEON GENERAL’S WARNING: FOR FURTHER INFORMATION CONTACT: tested ranged from 24.6mm. to an Cigarette Smoke Contains Carbon Thomas J. Maronick, Bureau of average of between 43.0 to 44.1mm. The M on oxid e. Consumer Protection, Federal Trade butt length of 165 of the 207 varieties Each manufacturer or importer must Commission, Washington, D.C. 20580 tested exceeded 30mm. rotate quarterly the warnings appearing (202) 523-4810. The samples used were obtained by on the packaging and advertising of John H. Carley, attempting to purchase two packages of each brand of cigarettes in accordance G eneral Counsel. each variety of Gigarettes as distributed with a plan prepared by the [FR Doc. 85-2765 Filed 2-1-85; 8:45 am] by domestic cigarette manufacturers manufacturer or importer, and submitted during October 1983 to January 1984 in BILLING CODE 6750-01-M to and approved by the Federal Trade each of 50 geographic locations Commission. Proposed rotational plans throughout the country. Not all varieties should be submitted for approval to Publication of “Tar”, Nicotine and were available in each of the 50 Judith P. Wilkenfeld, Program Advisor, Carbon Monoxide Content of the geographic locations and in these Cigarette Advertising and Testing, Smoke of 207 Varieties of Cigarettes instances, one or more additional Federal Trade Commission, 6th & packages of cigarettes were purchased Pennsylvania Ave. NW., Washington, s u m m a r y : The Federal Trade in those geographic locations where D.C. 2058a (202) 376-8648. Commission publishes the “tar”, respective varieties were available. The Manufacturers or importers who are nicotine, and carbon monoxide content samples utilized in the tests were unclear about the obligations imposed of domestic cigarettes. representative of the 207 varieties of by this legislation should contact Ms. FOR FURTHER INFORMATION CONTACT: cigarettes as available throughout the Wilkenfeld for assistance. Judith P. Wilkenfeld, Bureau of country at the time of purchase. Federal Register / Vol, 50, No. 23 / Monday, February 4, 1985 / Notices 4911

In the table listing the cigarette Commission has not yet reached any Tar Nicotine a n d ; CO Content of 207 I varieties in alphabetical order, “tar” and conclusion whether Kool Ultra and Kool Brands of Domestic Cigarettes T ested carbon monoxide; content is reported to Ultra 100’s are ranked inappropriately. by FTC Method— Continued the nearest 0.1 milligram and the Therefore, two asterisks- (**) have been nicotine to the nearest 0.01 milligram, appended to Kool Ultra and Kool Ultra Car­ Braid name and type Ta r1 Nico­ bon each with appropriate statistical values. tine* mon­ 100’s in this report to indicate this oxide* The average weight is reported in grams continuing controversy. per cigarette and the butt length range to By direction of the Commission, dated Eve Lights 120, 120mm; filter the nearest 0.1 millimeter. In all other January 15,1985.y menthol; (hard pack)...... 14 1.1 11 tables the average weight and butt Galaxy, king size; filter...... 14 0:9 13 Emily H. Rock, 18 1.3 17 length columns and the figures Herbert: Tareytan, king size; non- representing the standard deviation of Secretary. filter...... 24 1.5 16 Iceberg 100, 100mm; filter men- the mean have been eliminated. The thol...... 4 4 Tar Nicotine and CO Content of 207 Q;3 "tar” and carbon monoxide figures have Kent king size; filter; (hard pack).... 12 0.9 Î 11 beeri rounded to the nearest milligram Brands of Domestic Cigarettes T ested Kent, king size; filter...... 12 0.9 10 by FTC Mêthod Kent 100, 100mm; fitter...... 13 1.0 11 (0.5 milligrams and greater rounded up, Kent 100, 100mm; filter menthol..... 15 *2 14 0.4 milligrams and less rounded down) Kent Golden Lights; king size; filter.. 9 0.8 9 Car­ Kent Golden Lights, king size; and the nicotine figures have been Brand name and type Tar* Nico­ bon filter; menthol...... a 8 tine* mon­ 0.7 rounded to the nearest tenth o f a oxide* Kent Golden Light, 100, 100mm; filter...... 9 0.8 10 milligram (0.05 milligrams and greater Kent Golden Light, 100, 100mm; rounded up, 0.04 milligrams and Less Alpine, king-size; filter; menthol...... 16 0.9 14 filter, menthol...... 9 0.8 9 rounded down). Three tables Belair, king; size; fitter; menthol...... 10 0.7 9 Kent III, king size; filter...... 3- 0 6 2 Belair, 100, 100mm; filter menthol... S 0.6 7 Kent III 100, 100mm; filter...... 4 0.4 5 respectively lists varieties in increasing Benson & Hedges, reg. size; filter; Kool, reg. size; non-filter; menthol.... 20 1.2 14 order of “tar” values, in increasing order (hard pack)...... 1 0.1 2 Kool, king size; filter menthol; Benson; & Hedges, king size; filter, te 15 of nicotine values and in increasing (hard pack)...... 15 1.1 11 16 TO 14 order of carbon monoxide values. Benson & Hedges 100, 100mm; Kool Lights, king size; filter men- filter; (hard pack)...... 16 1.0 15 8 Accordingly, “tar”, nicotine and carbon Benson & Hedges 100, 100mm; Kool Lights 100, 100mm; filter; monoxide figures in the tables represent filter; menthol; (hard pack)...... 16 1.0 15 menthol...... 9 0.7 9 rounded off averages without indication Benson & Hedges 100, 100mm; Kool Milds, king size; filter men- filter...... 16. 1.0 15 thol...... to 0.7 11 of their precision. Benson & Hedges 100, 100mm; Kool Milds 100, 100mm; fitter It should be noted that cigarette filter; menthol...... 18 t.a 15 menthol...... rt 0.8 12 Benson & Hedges Lights tOO, Kool Super Longs' 100; 100mm; brands with assay results, for “tar” and 100mm; filter...... 10 0.7 11 filter; menthol...... 14 0.9 15 carbon monoxide below 0.5 mg. per Benson & Hedges Lights 100, Kool Ultra**, king size; filter men- 100mm; menthol...... 10 0.7 10 thol...... •...... 2 0 1 1 cigarette and for nicotine below 0.05 mg. Benson & Hedges Ultra Light. Kool Ultra 100t*, 100mm; filter; per cigarette are recorded in the 100mm; filter; (hard pack)...... 5 0.4 5 menthol...... 4 0.4 3 accompanying tables with asterisks (*) Benson & Hedges Ultra Light, L&M, king size; filter (hard pack).... 13 0.9 13 100mm; filter; menthol; (hard L&M, king size; filter...... 13 0.9 13 indicating that they are below 0L5 mg. pack)...... 5 0.4 5 L&M 100, TOOmm; filter...... 14 1.0 13 “tar”, 0.05 mg, nicotine and 0.5 mg. Bright, king size; filter; menthol...... 6 0.5 7 L&M Lights, king size; filter...... 8 0.7 7 Bright 100, 100mm; filter; menthol;... 6 0.5 7 L&M Lights 100, 100mm; filter...... 8 0.8 6 carbon monoxide. The tables do not Bull Durham, king size; filter...... 28 T.8 23 Lark, king size; filter...... 14 0.9 ' 13 differentiate and no ranking is intended Cambridge, king size; filter, (hard Lark 100, 100mm; filter...... 15 1.0 15 between these cigarettes because the pack)...... (*) n (*) 18 0.9 12 Cambridge, king size; filter...... 1 O.T r Lark Lights 100, 100mm; filter;...... 13 1.0 13 current, approved testing methodology is Cambridge 100, 100mm; filter...... 5 0.4 5 Lucky Strike, reg: size; non-filter...... 23 t 4 16 not sensitive enough to differentiate Camel, reg. size; non-filter...... 213 f.4 13 Lucky Strike, king size; filter (hard* Camel, king size; fitter; (hard pack).. 16 t.t 15 pack)...... f t 0.8 1Q between cigarettes at these levels. Camel, king size; filter...... te T.t 14 Lucky Strike; king size; filter...... 10 0.8 W On April 13,1983, the Commission Camel Lights, king size; filter; (hard Lucky Strike 100, 100mm; fitter...... TT 09 TO pack)...... 8 0.7 8 Marlboro, king size; filter (hard announced its determination that its Camel Lights, king size; filter...... 8 O.T to pack)...... 16 1.0 14 present testing methodology for “far”, Camel Lights 100, 100mm; fitter...... « 0.8 14 Marlboro, king size; fitter...... 18 1.0 15 nicotine and carbon monoxide does not Carlton, king size; fitter; (hard Marlboro, King size; filter menthol... 16 1.0 14 pack)-...... n n (*1 Marlboro-100„ 10QMM; fitter (hard measure accurately Brown & Carlton, king size; fitter...... T 0L1 2 pack)...... 16 1.0 14 Williamson’s Barclay cigarettes and in Cartton, king size; filter; menthol...... 1 0.1 1 Marlboro 1G0„ 100MM; fitter...... 16 1.0 15 Carlton 100, 100mm; filter; (hard Marlboro Lights,. King size; filter fact understates the measured deliveries pack)...... 1 a t (*) (hard pack)...... 10 07 n of these products. Therefore, it Carlton 100, 100mm; filter; men- Marlboro Lights, King size; fitter...... to 07 11 thol; (hard pack)...... announced that until it adopts a new (*) <*) (*) Marlboro Lights 100, 1G0MM; filter... 10 a r tl Cartton 100, 100mm; filter...... 5 0.4 6 Max 120, 120MM; filter...... 18 1,4 T7 | testing methodology that is able to Carlton 100, 100mm; filter; men- Max 120, 120MM; filter; menthol..... 19 r.4 1*7 measure Barclay cigarettes, future FTC thol...... 5 0.4 6 Merit, King size; fitter...... 8 0.5 9 Cartton 120, 120mm; filter...... 7 0.6 5 Merit, King'size; filter; menthol...... 8 as 10 Tar, Nicotine & Carbon Monoxide Carlton 120, 120mm; filter, men- Merit 100, 1O0MM: fitter...... 10 0;7 12 Reports will not include test results for thol...... 7 0.6 5 Merit 100, 100MM; filter; menthol..... 9* 0.7 11 Century, king size; filter...... 14 0.9 16 Barclay cigarettes. As a result, no test Merit Ultra Lights, King size; fitter.... 5 0.4 5 Century Lights, king size; filter...... æ 0.7 fit Merit Ultra Lights, King size; filter; results for Barclay cigarettes are Chesterfield, reg. size; non-filter...... 19 1.2 U menthol...... 5 0.4 5 included within this report. At that same Chesterfield, king size; non-filter...... 22 1.5 t3 Merit Ultra Lights 100, 100MM; Dorado, king size; filter...... 13 0.9 12 filter...... 5 0.4 6 me the Commission also found that Doral II, king size; filter...... 4 0.4 3. Merit Ultra Light 100, 100MM; here was significant likelihood that the Doral II, king size; filter; menthol..... 4 a4 3. filter; menthol...... 4 04 4 English Ovals, reg. size; non-filter, Montclair, King size; filter menthol... same problem (namely, an inaccurate 15 1,0 15 (hard pack)...... 23 1.8 11 More 120, 120MM; filter...... 1T 1.2 20 reporting of the “ta r”, n ico tin e an d C O English Ovals, king size; non-filter; More 120, H20MM;. filter; menthol.... 16 1.2 19 (hard pack)...... elivery) existed w ith re sp e ct to; K ool 28 21 14 More Lights 100, 100MM; filter Eve Lights 100, 100mm; filter...... 12 0.9 9 (hard pack)...... 8 0.8 8 tra and Kool Ultra 100’s, two other Eve Lights 100, 100mm; filter; More Lights 100, 100MM; filter rands of cigarettes manufactured by menthol...... 12 0.9 9 menthol; (hard pack)...... 8 0.8 8 Eve Lights 120, 120mm; filter; Multifiler, King size; filter...... 12 0.8 10 rown & Williamson. However, the (hard pack)...... 14 1.1 11 Multifiler. King size; filter; menthol....! 12 0.8 10 4912 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices

Tar Nicotine and CO Content of 207 T ar Nicotine and CO Content of 207 s u m m a r y : The General Services Brands of Domestic Cigarettes T ested Brands of Domestic Cigarettes T ested Administration, (GSA) National Capital b y FTC Method— Continued by FTC Method— Continued Region is announcing the closing of 13 self-service stores in the Washington Car­ Car­ Nico­ bon metropolitan area effective March 1, Brand name and type Tar1 Brand name and type Ta r1 Nico­ bon tine2 mon­ tine2 mon­ oxide 3 oxide3 1985. This change is being made because improved support is now available Newport, King size; filter; menthol; St. Moritz 100, 100mm; filter; men- through Customer Supply Centers and (hard pack)...... 16 1.1 15 thol...... 14 1.1 13 because budget limitations dictate that i Newport, King size; filter; menthol.... 17 1.2 17 Tall 120, 120mm; filter...... 20 1.5 19 Newport 100, 100MM; filter; men- Tall 120, 120mm; filter; methol...... 17 1.3 17 GSA implement the most cost effective thol...... 19 1.5 20 Tareyton, king size; filter...... 13 0.9 14 means of providing retail services. Newport Lights, King size; filter; Tareyton 100, 100MM; filter...... 13 0.9 15 menthol; (hard pack)...... 9 0.7 9 Tareyton Lights, king size; filter...... 4 0.4 4 Additional Information: GSA is Newport Lights, King size; filter; Tareyton Long Light 100, 100MM; committed to providing effective and menthol...... 8 0.7 8 filter...... 7 0.6 7 Newport lights 100, 100MM; filter; Triumph, king size; filter...... 3 0.3 3 economical supply support to menthol...... 10 0.8 10 Triumph, 100MM; filter; menthol...... 3 0.3 2 Government agencies. GSA has Newport Red, King size; filter; Triumph 100, 100MM filter...... 4 0.4 5 determined that the most effective (hard pack)...... 12 0.9 13 Triumph 100, 100MM; filter; men- Newport Red, King size; filter;...... 14 1.0 15 thol...... 4 0.4 4 method to provide retail supplies to Now. King size; filter; (hard pack).... ** * True, king size; filter...... 5 0.4 4 Federal agencies is through a network of Now, King size; filter...... 1 0.1 2 True 100, king size; filter, menthol... 5 0.4 5 True 100, 100MM; filter...... Customer Supply Centers. CSCs provide Now, King size; filter; menthol...... 1 0.1 1 8 0.6 8 Now 100, 100MM; filter; (hard True 100, 100MM; filter; menthol..... 7 0.6 8 catalog ordering by telephone and direct Vantage, king size; filter...... pack)...... * 0.1 * 10 0.7 12 Vantage, king size filter; menthol..... 9 0.7 12. shipment of orders by small parcel Now 100, 100MM; filter...... 3 0.3 2 Vantage 100,100MM; filter...... 9 0.7 11 Now 100, 100MM; filter; menthol..... 2 0.2 1 carrier within 24 hours after placement Vantage 100, 100MM; filter; men- Old Gold Filter, king size; filter...... 17 1.3 18 thol...... 9 0.7 11 of the order. Old Gold Filter 100, 100MM; filter.... 20 1.5 20 Vantage Ultra Lights, king size; Old Gold Lights, king size; filter...... Prior to March 1,1985, current self- 9 0.8 10 filter...... 5 0.4 6 Old Gold Straight, king size; non- Vantage Ultra Lights, king size; service store account holders will be filter...... 26 1.6 17 filter; menthol...... 5 0.4 6 given the opportunity to automatically Pall mall, King size; non-filter...... 23 1.3 15 Vantage Ultra Light 100, 100MM; receive a preapproved CSC account. Pall mall, King size; filter...... 17 1.1 16 filter...... 5 0.5 6 Pall Mall 100, 100mm; filter...... 15 1.1 15 Vantage Ultra Lights 100, 100MM Authorized Federal activities that Pall Mall Extra light, king size; filter.. 7 0.6 7 filter; menthol...... 5 0.4 7 currently do not have self-service store Pall Mall light 100, 100mm; filter...... 9 0.7 9 Viceroy, king size; filter...... 16 0.9 16 Pall Mall light 100, 100mm; filter; Viceroy Rich Lights, king size; filter.. 10 0.7 10 charge plates may submit an application menthol...... 12 1.0 11 Viceroy Rich Lights 100, 100MM; for a Customer Supply Center account Parliament Lights, king size; filter; filter...... 11 0.8 11 (hard pack)...... 9 0.6 9 Viceroy Super Long 100, 100MM by contacting the General Services Parliament Lights, king size; filter.... 9 0.6 9 filter...... 14 0.9 16 Administration, Office of Federal Supply Parliament Lights 100, 100mm; Virginia Slims 100, 100MM; filter...... 14 0.9 12 and Services, Customer Service Bureau filter;...... 12 0.8 11 Virginia Slims 100, 100MM; filter Philip Morris, reg. size; non-filter...... 21 1.2 12 menthol...... 14 0.9 13 (WFB), Washington, DC 20407. Philip Morris, Commander, king Virginia Slims Lights 100, 100MM; Telephone inquiries should be directed size; non-filter...... 26 1.6 14 filter; (hard pack)...... 8 0.6 7 Philip Morris, International, 100mm; Virginia Slims Lights 100, 100MM; to (202) 472-5000. filter (hard pack)...... 17 1.1 16 filter; menthol; (hard pack)...... 8 0.6 8 The following self-service store Philip Morris, International, 100mm; Winston, king size; filter; (hard filter; menthol; (hard pack)...... 17 1.1 16 pack)...... 16 1.1 14 locations will close at the end of the Picayune, reg. size; non-filter...... 16 1.0 12 Winston, king size; filter...... 16 1.1 15 business day on February 28,1985: Players, reg. size; non-filter; (hard Winston 100, 100MM; filter...... 17 1.2 16 pack)...... 25 1.9 15 Winston International 100, 100MM; GSA Regional Office Building, 7th and D Players, king size; filter; (hard filter (hard pack)...... 16 1.1 14 7“' Street, SW, Washington, DC pack)...... 12 0.8 11 Winston Lights, king size; filter...... 8 0.7 9 Players, king size; filter; menthol...... 12 0.8 11 Winston Lights 100, 100MM; filter.... 11 0.8 13 General Services Administration, 18th Players. 100, 100mm; filter; (hard Winston Ultra Lights, king size; and F Street, NW, Washington, DC pack)...... 13 0.9 12 filter...... 5 0.4 6 Players, 100, 100mm; filter; men- Winston Ultra Lights 100, 100MM; State Department, 2201 C Street, NW, thol; (hard pack)...... 13 0.9 11 filter...... 5 0.5 7 Washington, DC Raleigh, king size; non-filter...... 25 1.4 16 Raleigh, king size; filter;...... 15 0.9 16 1 “Tar"— milligrams total particulate matter less nicotine Office of Personnel Management, 1900 E Raleigh, 100, 100mm; filter;...... 16 1.0 17 and water per cigarette. 2 Nicotine total alkaloids reported in milligrams per ciga­ Street, NW, Washington, DC Raleigh, lights, king size; filter;...... 10 0.8 10 rette. Raleigh, lights 100, 100mm; filter;.... 9 0.7 9 3 Carbon Monoxide reported in milligrams per cigarette. Department of Commerce, 14th and Richland, King Size; filter...... 16 1.1 13 * Indicates “tar” below 0.5 mg.; nicotine below 0.05 mg. or Constitution Avenue, NW, Richland, King Size; filter; menthol... 15 1.0 13 carbon monoxide below 0.5 mg. per cigarette. Salem, king size; filter; menthol...... 16 1.1 18 *‘ See statement in text concerning Kool Ultra brands. Washington, DC Salem, 100, 100mm; filter; menthol.. 16 1.2 15 Internal Revenue Service, 12th and Salem lights, king size; filter; men- [FR Doc. 85-2764 Filed 2-1-85; 8:45 am] thol...... 9 0.7 11 Constitution Avenue, NW, Salem lights 100, 100mm; filter; BILLING CODE 6750-01-M Washington, DC menthol...... 9 0.7 11 Salem Slim Lights 100, 100mm; Department of Health and Human filter; menthol (hard pack)...... 8 0.7 9 Services, 4th and C Street, SW, Salem Ultra, king size; filter; men- GENERAL SERVICES thol...... 5 0.4 6 Washington, DC Salem Ultra 100, 100mm; filter; ADMINISTRATION National Center Building 1, 2511 menthol...... 5 0.4 6 Saratoga 120, 120mm; filter; (hard Office of Federal Supply and Services, Jefferson Davis Highway, Arlington, pack)...... 14 0.9 13 Virginia Saratoga 120, 120mm; filter; men- National Capital Region; Store thol; (hard pack)...... 14 0.9 13 Closings Crystal Mall 3,1931 Jefferson Davis Satin 100, 100mm; filter...... 10 0.9 11 Highway, Arlington, Virginia Satin 100, 100mm; filter; menthol.... 9 0.8 10 Subject: Closing of 13 Self-Service Silva Thins 100, 100mm; filter...... 11 0.9 9 NASSIF Building, 7th and D Street, SW, Silva'Thins 100, 100mm; filter; Stores in the National Capital Region. Washington, DC menthol...... 11 0.9 8 Spring 100, 100mm; filter; menthol... Parklawn Building, 5600 Fishers Lane, 19 1.1 16 a c t i o n : Notice. St. Moritz 100, 100mm; filter...... 14 1.1 13 Rockville, Maryland Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 4913

Justice Department, 10th and (NIOSH), Centers for Disease Control mammalian species, there is some Constitution Avenue, NW, (CDC), Public Health Service, HHS. uncertainty about the sensitivity of the Washington, DC ACTION: Notice of request for comments tests used in those assays. Department of Labor, 2nd and and secondary data. A number of other chemicals used in Constitution Avenue, NW, the clinic where these cases occurred s u m m a r y : Washington, DC NIOSH is requesting can be absorbed through the skin; Agencies will continue to receive comments and secondary data from all however, fenthion appears to be the retail supply support through the interested parties concerning peripheral most probable causative agent. Customer Supply Center located in neuropathy in veterinarians and animal assistants and neurological effects of NIOSH does not have sufficient data Springfield, Virginia, and the Office to determine either the risk of Products Center, located at Building 74, chronic exposure to fenthion. Interested parties may submit case studies or neuropathy with exposure to fenthion or Washington Navy Yard Annex, 4th and the safety of other chemicals M Street, SE, Washington, DC. incidence data collected for a given job/ occupation or descriptions of use. These encountered in veterinary practice. Specialized industrial products and To determine whether building materials are also available data will be used by NIOSH to evaluate peripheral neuropathy among recommendations for safety measures through the FSS Retail System at the are in order, NIOSH is interested in Industrial Products Center, Building 159, veterinarians and allied personnel, to evaluate risks of fenthion, and to obtaining existing and available Washington Navy Yard Annex, 4th and materials, e.g., reports and research M Street, SE, Washington, DC. determine the need for research to acquire additional data. findings, on the following: FOR FURTHER INFORMATION CONTACT: d a t e : Comments concerning this notice 1. Peripheral neuropathy among Contact Mark M. Kinsley, Director, should be submitted by April 15,1985. veterinarians and allied personnel, Customer Service Bureau, General a d d r e s s : Any information, comments, whether exposed to fenthion or not, Services Administration, Washington, including incidence data and case DC 20407. suggestions, or recommendations should be submitted in writing to: Sanford S. reports regarding chemical exposures. Dated: January 28,1985. Leffingwell, M.D., M.P.H., Chief, 2. Uses of fenthion, in addition to the William F. Madison, Research Analysis Section, Priorities primary use on cattle, for the control of Regional Administrator. and Research Analysis Branch, Division insect pests. [FR Doc. 85-2794 Filed 2-1-85; 8:45 am] of Standards Development and 3. Health effects in workers exposed BILUNG CODE 6820-24-M Technology Transfer, NIOSH, CDC, 4676 to fenthion or to products containing this Columbia Parkway, Cincinnati, Ohio compound. 45226. 4. Exposure risks of workers involved DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: in the production, formulation, HUMAN SERVICES Sanford S. Leffingwell, M.D., M.P.H., transportation, transfer, storage, or use telephone (513) 684-8474, or FTS 684- of products containing fenthion. Centers for Disease Control 8474. 5. Publicly available descriptions of Cooperative Agreement for a SUPPLEMENTARY INFORMATION: Under work practices or procedures for control Demonstration Program in the Use of the Occupational Safety and Health Act of the workplace environment during Calcium Fluoride in Fluoridating a of 1970 (29 U.S.C. 651, et seq.), NIOSH is production, formulation, transportation, Water System Availability of Funds for directed to develop recommendations transfer, storage, or use of products Fiscal Year 1985; Correction for improved occupational safety and containing fenthion. health standards. NIOSH has evaluated All information received in response In FR Doc. 84-33871 beginning on page an outbreak of peripheral neuropathy to this notice, except that designated as 50786 in the issue of Monday, December among veterinarians and allied trade secret and protected by section 15 31,1984, make the following correction: personnel in a veterinary medical clinic. of the Occupational Safety and Health a On page 50786, third column, under The data gathered suggest that the Act, will be available for public B. C ooperative A ctivities, 1. R ecip ien t insecticide fenthion may be implicated examination and copying at the above Activities:” paragraph d. should have in the etiology of the outbreak. address. included the following statement as the For many years, some Dated: January 25,1985. last sentence: “This system must organophosphate insecticides have been L.W. Sparks, discharge into waste and not into a known to cause peripheral neuropathy community water system.” in persons exposed to them. Neuropathy Acting Director, National Institute for Occupational Safety and Health. Dated: January 25,1985. can result from inhalation, ingestion, or [FR Doc. 85-2785 Filed 2-1-85; 8:45 am] Robert L. Foster, cutaneous absorbtion of the pesticides. BILLING CODE 4160-19-M Acting Director, Office of Program Support, At the clinic where the problem Centers for Disease Control. occurred, the veterinarians and staff [FR Doc. 85-2782 Filed 2-1-85; 8:45 am] rubbed fenthion onto the backs of dogs Occupational Safety and Health; to kill fleas and other pests. Fenthion is BILLING CODE 4160-18-M Request for Comments and Secondary absorbed through the skin of animals, Data on the Use and Health Effects of acting as a systemic pesticide. While 1,3-Dichloropropene National Institute for Occupational fenthion is not approved by the Food Safety and Health; Request for and Drug Administration for use on AGENCY: National Institute for Comments and Secondary Data on small animals, it has been used on dogs; Occupational Safety and Health Peripheral Neuropathy in Veterinarians and a recent evaluation suggesting that (NIOSH), Centers for Disease Control and Allied Personnel Using Fenthion fenthion is efficacious in controlling (CDC), Public Health Service, HHS. fleas in dogs may increase this use. ACTION: agen cy: National Institute for Although fenthion has not induced Notice of request for comments and secondary data. Occupational Safety and Health degenerative neuropathy in chickens or 4914 Federal Register / Voi. 50, No. 23 / Monday, February 4, 1985 / Notices s u m m a r y : NIOSH is requesting 1. Use of 1,3-DCP, in addition to the applications submitted by sponsors comments and secondary data from all primary use in soil fumigants for the seeking orphan designation pursuant to I interested parties concerning the use of control of nematodes. the interim guidelines for section 526 of I 1,3-Dichloropropene (1,3-DCP), as well 2. Health effects in workers exposed the Orphan Drug Act. In accordance » as health effects data associated with to 1,3-DCP, or to products containing with section 526 of that act, which H exposure to 1,3-DCP and products this compound. requires public notification of containing this compound. Interested 3. Exposure risks of workers involved designations, FDA maintains a list parties may submit descriptions of use, in the production, formulation, identifying designated orphan drugs and I case studies, or incidence data collected transportation, transfer, storage, or use biological products for the current a for a given job/occupation, or of products containing 1,3-DCP. calendar year. The list is available upon I descriptions and apparentrisk factors 4. Publicly available descriptions of request from FDA’s Dockets for a given job/occupation. These data work practices or procedures for control Management Branch (address above) will be used by NIOSH to evaluate the of the workplace environment during under docket number 84N-Q102. The list ■ possible adverse health effects of production, formulation, transportation, is updated on a quarterly basis. The exposure to 1,3-DCP, and the need for transfer, storage, or use of products agency intends to publish in the Federal I research to acquire additional data. containing 1,3-DCP. Register at the end of each calendar H g All information received in response year a cumulative list of designated d a t e : Comments concerning this notice to this notice, except that designated as orphan drugs or biological products, to should be submitted by April 5,1985. trade secret and protected by section 15 include sponsor name and specific a d d r e s s : Any information, comments, of the Occupational Safety and Health disease/condition, for which suggestions, or recommendations should Act, will be available for public designations have been granted. be submitted in writing to: Mr. Ralph examination and copying at the above This notice lists those products Zumwalde, Chief, Document address. designated as orphan drugs or biological I Development Section, Document Dated: January 25,1985. products through December 31,1984. Development Branch, Division of L.W. Sparks, The designation of a drug or biological Standards Development and Acting Director, National Institute for products applies only to the sponsor Technology, Transfer, NIOSH, CDC, Occupational Safety and Health. who requested the designation. Each 4676 Columbia Parkway, Cincinnati, [FR Doc. 85-2784 Filed 2-1-85; 8:45 am] sponsor interested in developing an H Ohio 45226. BILLING CODE 4160-19-M orphan product must apply for FOR FURTHER INFORMATION CONTACT: designation for its product. Copies of the 1 Dr. Sandra Susten, Criteria Manager, interim guidelines for use in compiling Division of Standards Development and Food and Drug Administration an application for designation may be Technology Transfer, NIOSH, CDC, 4676 [Docket No. 84N-0102] obtained from the Office of Orphan Colubmia Parkway, Cincinnati, Ohio Products Development (HF-35) (address I 45226, (513) 684-8311, or FTS 684-8311. Cumulative List of Orphan Products above). Designations SUPPLEMENTARY INFORMATION: Under Orphan Drug and Biological Product the Occupational Safety and Health Act AGENCY: Food and Drug Administration. Designations Through 1984 of 1970 (29 U.S.C. 651, et seq.}, NIOSH is a c t i o n : Notice. directed to develop recommendations B i o l o g i c a l P r o d u c t D esignations for improved occupational safety and s u m m a r y : The Food and Drug Sponsor's name Name of Proposed use health standards. NIOSH is currently Administration (FDA) previously biological product and address collecting data pertaining to the use and announced the availability of a list to be health effects of 1,3-DCP to determine if updated quarterly identifying the drugs Generic— Alpha- Supplementation C oo pe r 1-antitrypsin therapy for alpha-1 Biomedical, such a recommendation is in order. and biological products granted orphan (recombinant antitrypsin Inc., 3145 Use of products containing, 1,3-DCP designation in accordance with section DNA origin). deficiency in the Porter Or., Palo 526 of the Orphan Drug Act (Pub. L. 97- Trade— not ZZ phenotype Alto, C A has increased significantly due to established. population. 94304. Environmental Protection Agency 414) (see the Federal Register of April Generic— Alpha- Replacement therapy Cutter 13,1984 (49 FR 14808)). By this notice, 1-proteinase in the Alpha 1 PI Laboratories, restrictions placed on inhibitor congenital P.O. Box 1986 dibromochloropaiie (DBCP) and FDA is publishing a cumulative list of (Alpha-1 PI). deficiency state. Berkeley, CA ethylene dibromide (EDB). Purified 1,3- designated orphan drugs and biological Trade— Not 9 4 7 0 ). products. established. DCP has caused mutations in bacteria. Generic— Diagnostic use in Xoma Corp., In addition, purified 1,3-DCP ADDRESS: A copy of the list for the Antimelanoma imaging systemic 3516 antibody and nodal Sacramento administered subcutaneously to mice for current calendar year is available for XMMME- melanoma St., San 77 weeks induced cancers review at, and individual copies may be 0001-DTPA- metastasis. Francisco, CA obtained from, the Dockets Management III ,N. T rade- 94118. (fibrosarcomas) at the site of injection. Same as A recent National Toxicology Program Branch (HFA-305), Food and Drug generic. animal bioassay study shows that oral Administration, Rm. 4-62, 5600 Fishers Generic— Treatment of Stage Do. Antimelanoma III melanoma not administration of a commercial soil Lane, Rockville, MD 20857. antibody amenable to fumigant containing 1,3-DCP for 2 years FOR FURTHER INFORMATION CONTACT: XMMME-001- surgical resection. RTA. Trade— produced malignant tumors of the Roger C. Gregorio, Office of Orphan. Same as forestomach and liver in male rats and Products Development (HF-35), Food generic. Generic— For use as Cutter in the forestomach, lungs, and bladder in and Drug Administration, 5600 Fishers Antithrombin III replacement Laboratories, female mice. Lane, Rockville, MD 20857, 301-443- (AT-UI). therapy in P .O . Box 1986 4903. Trade— Not congenital Berkeley, CA NIOSH is interested in obtaining m established. deficiency of AT—III 94701. existing and available materials, e.g., SUPPLEMENTARY INFORMATION: FDA’s for prevention and treatment of reports and research findings, on the Office of Orphan Products Development thrombosis and following: reviews and takes final action on pulmonary emboli. Federal Register / VoL 50, No. 23 / Monday, February 4, 1985 / Notices 4915

Biological Product Designations— Drug Product Designations— Continued Drug Product Designations— Continued Continued Name of drug Sponsor’s name Name of drug Proposed use Proposed use Sponsor’s name Name of product and address product and address Proposed use Sponsor’s name biological product and address G eneric— Replacement of Burroughs G eneric— For use in the LyphoMed, Inc., Generic— Treatment of Alan B. Scott, Epoprostenol heparin in certain Wellcome Co., Quinacrine prevention of 2020 Ruby St., Botulinum A strabismus and 2232 Webster prostacyclin. patients requiring 3030 HC1. Trade— recurrence of Melrose Park, toxin. Trade— belpharospasm. St, San PGIj, PGX. hemodialysis. Cornwallis Rd., Not pneumothorax in IL 60160. Oculinum. Francisco, CA Trade— Flolan. Research established. patients at high 94115. Triangle Park, risk of recurrence, Generic— Treatment of Burroughs- NC 27709. e.g., patients with Digoxin-specific potentially life- Wellcome Co., G eneric— Replacement of The Upjohn Co., cystic fibrosis. antibody threatening 3030 Epoprostenol. heparin in certain 301 Henrietta G eneric— Adjuvant to levodopa Farmacon, Inc., fragments. digitalis Cornwallis Rd., Tracte— Cyclo- patients requiring St, Selegiline HC1. or levodopa and P.O. Box 586, Trade— intoxication in Research Prostin. hemodialysis. Kalamazoo, Ml Trade— carbidopa Westport, CT Orgibind. patients who are Triangle Park, 49001. Deprenyl. treatment of 06881. refractory to NC 27709. G e neric— Bleeding esophageal Glaxo, Inc., P.O. idiopathic management by Ethanolamine varices. Box 13960, Parkinson's conventional oleate. Trade— Five Moore disease (paralysis therapy. Not Dr., Research agitans), Generic—Hemin. Amelioration of Abbott established. Triangle Park, postencephalitic Trade— recurrent attacks Laboratories, NC 27709. parkinsonism, and Panhematin.*. of acute Pharmaceutical G eneric— Treatment of Ives symptomatic intermittent Products Hexamethylme- advanced Laboratories, parkinsonism. prophyria Division, North lamine. adenocarcinoma of 685 Third Ave., Generic— Sodium Treatment of Nuclear temporally related Chicago, IL Trade— the ovary. New York, NY monomercap- glioblastoma Medicine, Inc., to the menstrual 60064. Hexastat 10017. toundecahydro- multiforme as an 900 Atlantic cycle in G eneric— Human Acceleration of Chiron Corp., clo s e - alternative to Dr. NW., susceptible women epidermal corneal epithelial 4560 Horton dodecaborate. conventional Atlanta, GA and similar growth factor regeneration and St, Emeryville, Trade— photon therapy. 30332. symptoms which (urogastrone). healing of stromal CA 94608. Borolife. occur in other Trade— Not incisions from G e neric— For use In the Rhone-Poulenc, patients with acute established. comeal transplant Spiramycin. symptomatic relief Inc., 52 intermittent surgery. Trade— and parasitic cure Vanderbilt porphyria, G eneric— L- Generic carnitine American Rovamycine. of cronic Ave., New porphyria carnitine. deficiency. McGaw, cryptosporidiosis in York, NY variegata, and Trade— Not Division of patients with 10017. hereditary established. American immunodeficiency. coproporphyria Hospital Supply G e neric— Treatment of Bristol-Myers Co.,

1 Approved for marketing. McGaw Ave., (VM-26). childhood acute Research & Irvine, CA Trade— Not lymphocytic Development Drug Product D esignations 92714. established. leukemia (ALL). Division, P.O. G eneric— L- Primary and Sigma Tau, Inc., Box 4755, carnitine. secondary 723 North Syracuse, NY Name of drug Sponsor’s name Trade— Not carnitine deficiency 13221-4755. product Proposed.use Beers St, established. of genetic origin. Holmdel, NJ G eneric— Treatment of Merck Sharp and 07733. Trienthylene patients with Dohme Generic— Treatment of Warner-Lambert Generic— L-5- Treatment of Bolar dihydrochlor- Wilson's disease Research Amsacrine. patients with acute Co., 201 Tabor Hydroxytrypto- postanoxic Pharmaceutical ide. Trade— who are intolerant Laboratories, Trade— adult leukemia. Rd., Moms phan (L-5HTP). intention Co., Inc., 130 Cuprid. of, or inadequately Division of Amsidyl. Plains, NJ Trade— Not myoclonus. Lincoln St, responsive to, Merck and Co., 07950. established. Capiague, NY penicillamine. Inc., West Generic— Antibiotic-associated A.L Laboratories, 11726. Point, PA Bacitracin, pseudo membran- Inc., 452 Generic— Dissolution of Ascot 19486. U.S.P. Trade— ous enterocolitis Hudson Monooctanoin. cholesterol Pharmaceuti- Generic— Treatment of Stuart Not caused by toxins A Terrace, P.O. Trade— Moctan. gallstones retained cais, Inc., 7701 Viloxazine narcolepsy and Pharmaceuti- established. and 8 elaborated Box 1621, in the common North Austin hydrochloride. cataplexy. cals. Division by Clostridium Englewood bile duct Ave., Skokie, Trade— Vivalan. of ICt Americas difficile.. Cliffs, NJ IL 60077. Inc., 07632. Generic— PEG- For use as enzyme Enzon, Inc., Wilmington, DE Generic— For patients with Rowell adenosine replacement 3G0C 19897. ■ ChanodioL radiolucent stones Laboratories, deaminase therapy for ADA Corporate Ct., Generic— 1311- Dignostic adjunct in William H. Trade— in well opacifying Inc., 210 Main (PEG-ADA). deficiency in South metaiodoben- patients with Beierwaltes, Chenix *. gallbladders, in St West, Trade— Imudon. patients with Plainfield, NJ zylguanidine. pheochromocyto- Physician-in- whom elective Baudette, MN severe combined 07080. Trade— Not ma. charge, surgery would be 56623. immunodeficiency established. Nuclear undertaken except (SCID). Medicine, for the presence G eneric— Pneumocystis carinii LyphoMed. Inc., University of of increased Pentamidine pneumonia. 2020 Ruby St, ‘Michigan surgical risk due to isethionate.18 Melrose Park, Medical systemic disease Trade— IL 60160. Center, 1405 or age. Pentam 300. East Ann St, Generic— Treatment of leprosy Pharmaceuticals G eneric— Pneumocystis carinii Rhone-Poulenc, Ann Arbor, Ml Clofazimine. resistant to Division, Ciba- Pentamidine pneumonia. Inc., 52 48109. Trade— Dapsone and the Geigy Corp., isethionate. Vanderbilt Generic— 1311- Adrenal cortical William H. Lamprane. ENL and lepra 556 Morris Trade— N o t Ave., New 6B-iodomethyl- imaging. Beierwaltes, reaction. Ave., Summit established. York, NY 19- Physician-in- NJ 07901. norcholesterot. charge. Generic— 10017. Fiso ns Corp., 2 G eneric— Prevention of Charles Y.C. Pak, Trade— Not Nuclear Cromolyn Preston Ct, Potassium calcium renal established. Medicine, sodium. The University Bedford, MA citrate. Trade— stones in patients of Texas University of 01730. UrociL with hypocitraturia Health Science Michigan Medical Generic— for the avoidance Center at Treatment of severe Beriex of the complication Dallas, 5323 Center, 1405 Cyproterone hirsutism. Laboratories, East Ann St., acetate. of calcium stone Harry Hines Inc., 110 East formation in Blvd., Dallas, Ann Arbor, Mi Hanover Ave., patients with uric TX 75235. 48109. Cyproteron/ Cedar Knolls, lithiasis. Generic— 2, 3- Treatment of lead Johnson and Androcur. NJ 07927. dimercaptosuc- poisoning in Generic— Johnson Baby Treatment of primary Warner-Lambert cinic acid children. Products Co., Ciaziquone. brain malignancies Co., 201 Tabor (DMSA). Grandview Rd., Trade— Not (Grade lll-IV Rd., Morris Trade— Not Skillman, NJ astrocytomas. Plains, NJ established. 08858. 07950. 4916 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices

1 Approved for marketing. 1 Exclusive approval. Public Record for current vacancies and for those that will or may occur during the next 12 Dated: January 28,1985. The Center for Drugs and Biologies’ Division of OTC Drug Evaluation months. Joseph P. Hile, FDA has a special interest in ensuring intends to make available in the Docket Associate Commissioner for Regulatory Management Branch an announcement that women, minority groups, the Affairs. physically handicapped, and small of each upcoming feedback meeting, [FR Doc. 85-2736 Filed 2-1-85; 8:45 am] including the date, time, location, and businesses are adequately represented BILLING CODE 4160-01-M subject, so that interested persons can on advisory committees and, therefore, extends particular encouragement to be aware in advance of these meetings. nominations for appropriately qualified [Docket No. 80N-295] Announcements of these feedback meetings ordinarily will be filed under female, minority, and physically handicapped candidates, and Over-the-Counter (OTC) Drug Review; Docket No. 80N-0295 10 days before the nominations from small businesses that Public Notice of Feedback Meetings meeting. Announcements are available for public examination in the Docket manufacture medical devices subject to a g e n c y : Food and Drug Administration. Management Branch (address above) the regulations. a c t i o n : Notice. between 9 a.m. and 4 p.m., Monday d a t e : Nominations should be received by March 21,1985 for vacancies listed in SUMMARY: The Food and Drug through Friday. this notice. Administration (FDA) is announcing the Interested persons are advised to policy the agency intends to use confirm that the meeting remains a d d r e s s e s : All nominations and concerning the maintenance of a public scheduled as announced by telephoning curricula vitae for consumer record announcing OTC drug, feedback the contact person listed above shortly representatives must be submitted in meetings. before the announced date. writing to Naomi Kulakow (address Notice and comment are not below.) DATES: Effective February 4 ,1985; necessary before issuing this notice. All nomination and curricula vitae comments by April 5,1985. (See 5 U.S.C. 5$3(b)(A).) It would also be (which includes nominee’s office ADDRESS: Written comments to the contrary to the public interest to delay address and telephone number) for Docket Management Branch (HFA-305), implementing the procedures described industry representatives must be Food and Drug Administration, Rm. 4- in this notice. submitted in writing to Kay Levin 62, 5600 Fishers Lane, Rockveille, MD Interested persons may, on or before (address below). 20857. April 5,1985, submit to the Docket FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Management Branch (address above) For Consumer Interests: Melvin Lessing, Center for Drugs and written comments on this notice. Three Naomi Kulakow, Office of Consumer Biologies (HFN-210), Food and Drug copies of any comments are to be Affairs (HFE-40), Food and Drug Administration, 5600 Fishers Lane, submitted, except that individuals may Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-443-4960. submit one copy. Comments are to be Rockville, MD 20857, 301-443-5006. SUPPLEMENTARY INFORMATION: FDA identified with the docket number found For Industry Interests: published a final rule in the Federal in brackets in the heading of this Kay Levin, Center for Devices and Register of September 29,1981 (46 FR document. Such comments will be Radiological Health (HFZ-20), Food 47730), revising the procedural considered In determining whether and Drug Administration, 5600 Fishers regulations in 21 CFR 330.10 for amendments or revisions to the notice Lane, Rockville, MD 20857, 301-443- reviewing and classifying OTC driigs to are warranted. Received comments will 3516. delete the provision that authorizes the be incorporated into the public file on SUPPLEMENTARY INFORMATION: FDA is marketing of a Category III ingredient or the statment and may be seen in the requesting nominations for members other condition in an OTC drug product office above between 9 a.m. and 4 p.m., representing consumer and industry after a final monograph is established. Monday through Friday. interests for the following panels: FDA took that action to conform to the Dated: January 28,1985. holding and order of the United States Joseph P. Hile, Approximate Hate representative is District Court for the District of needed Columbia in Cutler v. Kennedy, 475 F. Assoicate Commissioner for Regulatory Panel Affairs. Consumer Industry Supp. 838 (D.D.C. 1979). [FR Doc. 85-2734, Filed 2-1-85; 8:45 am] The revision in the regulations 1. Anesthesiology Nov. 30, 1985...... Nov. 30, 1985. affected the time period during which BILLING CODE 4160-01-M and Respiratory Therapy Devices new data may be submitted to FDA to Panel. support the inclusion in a final 2. Circulatory NV ...... June 30, 1985. Request for Nominations for monograph of a condition not classified System Devices Representatives of Consumer and Panel. in Category I in a proposed or tentative 3. Clinical Chemistry Feb. 28, 1986...... NV. Industry Interests on Public Advisory final monograph. The agency also and Clinical Committees or Panels Toxicology Devices published a notice announcing its policy Panel. concerning agency meetings with AGENCY: Food and Drug Administration. 4. Dental Devices NV...... Oct. 31, 1985. Panel. industry or other interested parties, a c t i o n : Notice. 5. Gastroenterology- Dec. 31, 1985...... NV. called “feedback” meetings, to discuss Urology Devices s u m m a r y : Panel. testing protocols and other matters The Food and Drug 6. General and Aug. 31, 1985...... Aug. 31, 1985. related to conditions not classified in Administration (FDA) is requesting Plastic Surgery Category I (46 FR 47740; September 29, nominations for consumer and industry Devices Panel. 7. General Hospital NV...... Dec. 31, 1985. 1981, subsequently clarified in 48 FR representatives to serve on certain and Personal Use 14050; April 1,1983). All feedback public advisory committees or panels in Devices Panel. 8. Hematology and NV...... Feb. 28, 1986- meetings are open to the public, and a the Center for Devices and Radiological Pathology Devices prior reservation is not necessary. Health. Nominations will be accepted Panel. Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 4917

Approximate date representative is participate in the selection of an Public Health Service needed Panel appropriate member of a particular Consumer Industry panel may nominate one or more Health Resources and Services qualified persons to represent industry Administration; Statement of 9. Immunology Feb. 28, 1986...... NV. Organization, Functions ami Devices Panel. interests. Persons who nominate 10. Microbiology Feb. 28. 1986...... Immediately. themselves as industrial representatives Delegations of Authority; Center for Devices Panel. Nursing Research 11. Ophthalmic - NV...... Oct. 31, 1985. will not participate in the selection Devices Panel. process. It is, therefore, recommended 12. Orthopedic and Aug. 31. 1985...... Aug. 31, 1985. Notice is hereby given that a Center Rehabilitation that all nominations be made by for Nursing Research was established in Devices Panel. someone with an organization o t firm 13., Radiologic NV...... Jan. 31. 1986. the Division of Nursing, Bureau of Devices Panel. who is willing to participate in the Health Professions, Health Resources selection process. Nominations shall note.— NV= No Vacancy. and Services Administration, on January include a complete curriculum vitae of 14,1985. _ each nominee and shall state that the Functions Dated: January 24,1985. ' . nominee is aware of the nomination, is The functions of the medical devices willing to serve as a member, and, in the Robert Graham, panels are to: (1) Review and evaluate case of consumer representative, Administrator, Health Resources and available data concerning the safety and appears to have no conflict of interest. Services Administration. effectiveness of devices currently in use, The nomination should state whether [FR Doc. 85-2732, Filed 2-1-85; 8:45 am] (2) advise the Commissioner of Food the nominee is interested only in a BILLING CODE 4160-15-M and Drugs regarding recommended particular advisory panel or in any classification of these devices into one advisory panel. The term of office is Office of Human Development sof three regulatory categories, (3) between 3 and 4 years, depending on the recommend the assignment of a priority Services appointment date. for the application of regulatory Federal Council on the Aging; Meeting requirements for devices classified in Selection Procedure the standards or premarket approval Agency holding the meeting: Federal category, (4) advise on any possible Selection of members representing Council on the Aging. risks to health associated with the use of consumer interests is conducted through devices, (5) advise on formulation of Time and date: Meeting begins at 9:00 a procedure that includes use of a product development protocols and AM and ends at 5:30 PM on Wednesday, consortium of consumer organizations review premarket approval applications February 20,1985. Meeting begins at 9:00 for those devices classified in the that has the responsibility for screening, AM and ends at 1:00 PM on Thursday, premarket approval category, (6) review interviewing, and recommending February 21,1985. classification of devices to recommend cnadidates to the agency for the Place: Department of Health and changes in classification as appropriate, agency’s selection. Candidates should Human Services, Hubert H. Humphrey (7) recommend exemption to certain possess appropriate qualifications to Building, 200 Independence Avenue devices from the application of portions understand and contribute to the SW., Washington, D.C. 20201, Rooms of the act, (8) advise on the necessity to committee’s, work. 503-529A (Fifth Floor). ban a device, and (9) respond to Status: Meeting is open to the public. Regarding nominations for members requests from the agency to review and Contact person: Rita Lowry, Room representing the interests of the device make recommendations on specific 4243, HHS North Building, 245-2451. manufacturing industry, a letter will be issues or problems concerning the safety The Federal Council on the Aging was and effectiveness of devices. sent to each organization that has made a nomination, and to those organizations established by the 1973 Amendments to Consumer and Industry Representation indicating an interest in participating in the Older Americans Act of 1965 (Pub. L. 93-29, 42 U.S.C. 3015) for the purpose of Section 513 of the act (21 U.S.C. 360c) the selection prooess, together with a advising the President, the Secretary of provides that each medical device panel complete list of all such organizations Health and Human Services, the include as members one nonvoting and the nominees. The letter will state Commissioner on Aging and the representative of consumer interests and that it is the responsibility of each Congress on matters relating to the one nonvoting representative of organization to consult with the others special needs of older Americans. interests of the device manufacturing in selecting a single member Notice is hereby given pursuant to the industry. representing industry interests for that Federal Advisory Committee Act (Pub. particular committee within 60 days Nomination Procedure L. 92-453, 5 U.S.C. App. 1, Sec. 10,1976) after receipt of the letter. Any interested person may nominate that the Council will hold a meeting on This notice is issued under the Federal one or more qualified persons as a February 20 and 21,1985 from 9:00 AM- member of a particular advisory panel Advisory Committee Act (Pub. L. 92-463, 5:30 PM and from 9:00 AM-1:00 PM to represent consumer interests as 86 Stat. 770-776 (5 U.S.C. App. I)J and 21 respectively in Rooms 503A-529A of the identified in this notice. To be eligible CFR Part 14, relating to advisory Hubert H. Humphrey Building, 200 for selection, the applicants’ experience committees. Independence Avenue SW, Washington, and/or education will be evaluated D.C. 20201. Dated: January 28,1985. against Federal civil service criteria for The agenda will include a briefing on the position to which they will be Joseph P. Hfle, “Long Term Care Insurance: Reality and appointed. Associate Commissioner for Regulatory Potential”, a discussion of 1985 Older Any organization in the medical Affairs. Americans Month activities, and a device manufacturing industry [FR Doc. 85-2737, Filed 2-1-85; 8:45 am] presentation on the Close-Up ( industry interests”) wishing to BILLING CODE 4160-01-M Foundation. In addition^ a substantial 4918 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices

amount of time will be devoted to FCA designation is consistent with the March 6,1985, and that the Vale District Committee meetings. California Condor Recovery Plan, the Advisory Council will meet March 7, j Dated: January 30,1985. Endangered Species Act, and 1985. The Grazing Advisory Board and Adelaide Attard, subsequent regulations which identify the Advisory Council will both discuss Chairperson, Federal Council on the Aging. the need for the Bureau to take positive issues to be addressed in the upcoming [FR Doc. 85-2814 Filed 2-1-85; 8:45 am] action toward enhancement of the Resource Management Plan for the species. Management of this ACEC will BILLING CODE 4130-01-M Baker Resource Area, the Owyhee Wild be directed towards protection and River Boundary, potential bighofn sheep enhancement of the condor. réintroductions, and proposed district DEPARTMENT OF THE INTERIOR Management as an ACEC will include land exchanges. the following: ADDRESS: Both meetings will begin at Bureau of Land Management 1. Management in conjunction with 9:00 A.M. in the conference room of the the USFWS and California Department Vale District Office, 100 East Oregon Proposed Designation of an Area of of Fish and Game; Street, Vale, Oregon 97918. Critical Environmental Concern; Blue 2. Closure to off-road vehicle use; Ridge, Tulare County, CA 3. Withdrawal, from hardrock mineral FOR FURTHER INFORMATION CONTACT: exploration and development; Barry Rose, Bureau of Land a g e n c y : Bureau of Land Management, 4. Development of a Habitat Management, Vale District, P.O. Box Interior. Management Plan. 700,100 East Oregon Street, Vale, a c t i o n : Initiation of a 60-day public Specific details of the resource values Oregon 97918. comment period on the proposed and special management attention Fearl M. Parker, designation of public land at Blue Ridge required for the above proposed area District Manager. as an Area of Critical Environmental have been included in the Management Concern. [FR Doc. 85-2537 Filed 2-1-85; 8:45 am] Framework Plan (MFP) for the South BILLING CODE 4310-33-M s u m m a r y : Pursuant to the authorities in Sierra Foothills Planning Area. The area the Federal Land Policy and and the management criteria were Management Act (FLPMA) of October developed through the planning process [W-88913] 21,1976 (Section 202(c)(3)) and in 43 which included several stages of public CFR 1601.6-7, and 60-day public participation. Opportunities for public Proposed Coal Lease Sale for comment period is initiated on the participation were provided during the Kemmerer Resource Area, Rock following land proposed to be following planning steps: preplanning; Springs District, WY designated as the Blue Ridge Area of development of the planning criteria; AGENCY: Critical Concern (ACEC); and review of the Public Summary/ Bureau of Land Management, Rangeland Program Summary. All Interior. Mt. Diablo Meridian documents cited above are on file in the ACTION: Notice of Public Hearing on T. 19 S., R. 29 E. Caliente Resource Area Office. Environmental Assessment for Proposed Sec. 5, Lots 11,12,16; d a t e : Written comments on the Emergency Coal Lease Sale in the Sec. 6, Lot 16; Sec. 7, Lot 1, SEViNEVi, NEViSEVi; proposed designation for the ACEC must Kemmerer Resource Area, Rock Springs Sec. 8, SW ViNEVi, W VfeW y2, Lots 3, 4, be received by April 5,1985. District, Wyoming. wy2SEy4; ADDRESS: Written comments should be Sec. 15. wy2NE%, Nwy4, N%swy4, s u m m a r y : This Notice sets forth the NVfeSEttsw1/^ swy4SEy4swy4, sent to: Caliente Area Manager, Bureau schedule and proposed agenda of the NVfeNwy4SEy4, N%sy2Nwy4SEy4, of Land Management, 520 Butte Street, public hearing on the Environmental sy2swy4Nwy4sEy4, wy2Nwy4s Bakersfield, California 93305. Assessment (EA) of a proposed coal wy4SEy4; FOR FURTHER INFORMATION CONTACT: lease sale in the Kemmerer Resource Sec. 18, EMs; Glenn Carpenter, Area Manager, Bureau Area. Sec. 19, NEy4, NEViSEVi; of Land Management, Caliente Resource Sec. 20, Wy2W%, Lots 3,4, SEy4; d a t e : Area, 520 Butte Street, Bakersfield, The public hearing will be held Sec. 2i, Ny2NEy4, swy4NEy4, wy2, February 25,1985, at 7:00 P.M. wy2SEy4; California, 93305, (805) 861-4236. Sec. 28, Ey2NWy4, Lots 1, 2; Dated: January 23,1985. ADDRESS: The public hearing will be Sec. 29, All. Glenn A. Carpenter, held in the Kemmerer Senior Citizens The Blue Ridge ACEC contains Caliente Resource Area Manager. Center, located at Kemmerer, Wyoming. approximately 3,170 acres of public land. [FR Doc. 85-2465 Filed 2-1-85; 8:45 am] FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Blue BILLING CODE 4310-40-M Name: Ron Wenker, Area Manager, Ridge is located in Tulare County, Address: Bureau of Land Management, twelve miles north of Porterville, P.O. Box 632, Kemmerer, Wyoming California. Blue Ridge has been Vale District Grazing Advisory Board 83101; Telephone: (307) 877-3933. and Vale District Advisory Council; designated by the U.S. Fish and Wildlife SUPPLEMENTARY INFORMATION: An Meeting Service (USFWS) as critical roosting application for an emergency bypass habitat for the California condor. As a g e n c y : Vale District, Bureau of Land coal lease was filed with the Bureau of mandated by the Endangered Species Management, Interior. Land Management by the Pittsburg and Act of 1973, as amended, no actions will ACTION: Notice of meeting, Vale District Midway Coal Company to facilitate be permitted within this designated area Grazing Advisory Board and Vale anticipated expansion of their existing that will jeopardize the continued District Advisory Council. mine. The hearing will officially record existence of the species. Because the testimony and public comments on the condor is a federally listed endangered s u m m a r y : Notice is given in accordance EA concerning the proposed Tract 98 species, its designated critical habitat with Pub. L. 920463 that the Vale District emergency bypass coal lease sale on the area should be protected. The ACEC Grazing Advisory Board will meet. following land; Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 4919

6th Principal Meridian, Wyoming Dated: January 22,1985. comments should be sent by this date to T. 21N., R. 116 W., Donald H. Sweep, RMP/EIS Team Leader, Bureau of Land Section 17: Tracts 98, A, B, C, D. District Manager, Rock Springs District. Management, Phoenix District Office, Encompassing 164.81 acres of public [FR Doc. 85-2725 Filed 2-1-85; 8:45 am] 2015 W. Deer Valley Road, Phoenix, Arizona 85027. surface; and minerals. BILLING CODE 4310-22-M Oral or written comments will also be In addition, testimony and public received at the formal public hearings comments will be accepted on the [INT DEIS 85-4] and written comments will be received proposed sale and on factors to be at the public meetings to be held as Lower Gila South Draft Resource considered in making the fair market follows. Management Plan/Environmental value and maximum economic recovery Impact Statement, Phoenix District, Public Hearings (Phoenix and Gila determinations on the proposed lease AZ; Availability and Public Hearings tract. Any person that will or may be Bend, Arizona) adversely affected by the proposed coal a g e n c y : Bureau of Land Management Tuesday, March 12,1985—Maricopa development should express their (BLM), Interior. Board of Supervisors Auditorium, 205 concerns at the public hearing. Further a c t i o n : Notice of Availability of the W. Jefferson, Phoenix, Arizona at 7:00 written comments on the EA and Record Draft Resource Management Plan/ p.m. of Decision may be submitted to the Environmental Impact Statement and Wednesday, March 13,1985—Gila Bend Kemitterer Resource Area Office no later Public Hearings and Meetings. Community Center, 202 N. Euclid than thirty (30) days from the date of SUMMARY: Avenue, Gila Bend, Arizona at 7:00 this publication. Any testimony and Pursuant to section 102(2) (C) of the National Environmental Policy «written comments received-will be made p.m. Act of 1969 and section 202(f) of the a part of the official record and will be Federal Land Policy and Management Public Meetings (Quartzsite and Ajo, considered in preparing the final Act of 1976, a Draft Resource A rizona) decisions on the coal sale. Management Plan/Environmental Monday, March 11,1985—Quartzsite The Environmental Assessment is Impact Statement (RMP/EIS) has been Civic Center, Mesquite Drive, based on several planning and prepared for the Lower Gila South Quartzsite, Arizona from 3:00 to 7:00 environmental documents, the Green Planning Area. River-Hams Fork Draft Coal EIS, the The draft RMP/EIS addresses future p.m. Site-Specific Analysis of Tract 98, the management options for approximately Thursday, March 14,1985—Catholic TraGt Profile of Tract 98, the Pioneer 2,009,000 acres of public lands in Parish Hall, 141 Morondo, Ajo, Trails Management Framework Plan southwestern Arizona. Of this total, 607, Arizona from 3:00 to 7:00 p.m. Coal Amendment, and the Draft 557 acres in 12 wilderness study areas All comments received during the Kemmerer Resource Management Plan, (WSAs) are analyzed for review period relating to the adequacy all of which will be available for recommendation as suitable or of the draft RMP/EIS (whether written inspection at the public hearing. nonsuitable for wilderness designation. or oral) will be considered in preparing At the public hearing BLM will accept The Lower Gila South Planning Area the Lower Gila South Final RMP/EIS. includes portions of La Paz, Maricopa, oral and written testimony. Advance SUPPLEMENTARY INFORMATION: Five registration of those persons wishing to Pima, Pinal, and Yuma Counties, Arizona. alternatives are described and analyzed testify is required. Speakers will be in the draft RMP/EIS. The five heard in the order of registration. After Public Participation alternatives provide for a full range of the registered witnesses have been A copy of the draft RMP/EIS will be management options from resource heard, the presiding officer will consider sent to all individuals, government production to resource protection. the requests of any other persons agencies, and groups who have The Proposed Action recommends present who wish to testify. Oral expressed interest in the Lower Gila 189,750 acres in’portions of four testimony will be limited to ten minutes South planning process. In addition, a wilderness study areas (WSAs) as and may be supplemented by filing a limited number of copies of the draft suitable for wilderness designation. written text of any prepared comments RMP/EIS are available upon request Eight WSAs involving 417,807 acres are offered at the hearing. Any single from the Phoenix District Office, 2015 recommended as nonsuitable for organization’s viewpoint must be W. Deer Valley Road, Phoenix, Arizona wilderness designation. A description of presented by a single representative. 85027. Public reading copies may be the affected environment and an Other members of that organization may reviewed at the following locations: analysis of the environmental impacts of present their views or opinions as Bureau of Land Management, Office of the alternatives are included in the private citizens. Public Affairs, Interior Building, 18th RMP/EIS. Persons who wish to testify should and C Streets NW„ Washington, D.C. FOR FURTHER INFORMATION CONTACT: Bill notify the Kemmerer Resource Area 20240; Telephone (202) 343-5717 Carter, RMP/EIS Team Leader Bureau of Office in writing prior to the close of Bureau of Land Management, Arizona Land Management, Phoenix District business on February 25,1985. Please State Office, 3707 North 7th Street, Office, 2015 W. Deer Valley Road, send the notification to Ron Wenker, Phoenix, Arizona 85019; Telephone Phoenix, Arizona 85027; Telephone (602) Area Manager, Kemmerer Resource (602) 241-5504 863-4464. Area, at the address below: Bureau of Land Management, Phoenix District Office, 2015 W. Deer Valley Dated: January 28,1985. Bureau of Land Management, Kemmerer Road, Phoenix, Arizona 85027; Marlyn V. Jones, Resource Area, P.O. Box 632, Telephone (602) 863-4464. District Manager. Kemmerer, Wyoming 83101; The draft RMP/EIS will be available [FR Doc. 85-2783 Filed 2-1-85; 8:45 am] Telephone: (307) 877-3933. for review through May 2,1985. Written BILLING CODE 4310-32-M __ I

4920______Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices

Office of Surface Mining Reclamation Reopening of Public Comment Period Second Floor, Brooks Towers, 1020 and Enforcement on the Draft Environmental impact Fifteenth Street, Denver, Colorada Statement (EIS) for the Proposed La 80202. Plata Mine, San Juan County, NM; Information Collection Submitted to FOR FURTHER INFORMATION CONTACT: Federal Coal Lease NM-0315559 the Office of Management and Budget Charles Albrecht, Chief, Environmental for Review Under the Paperwork AGENCY: Office of Surface Mining Analysis Branch (telephone (303) 844- Reduction Act. Reclamation and Enforcement, Interior. 5656) at the location given under “ADDRESSES.” a c t io n : Notice of reopening of public The proposal for the collection of comment period on the draft EIS for the SUPPLEMENTARY INFORMATION: San Juan information listed below has been proposed La Plata mine (OSM-EIS-17), Coal Company proposes to mine an submitted to the Office of Management San Juan County, New Mexico. average of about 2.0 million tons per year or 69.7 million tons of coal over 32 and Budget for approval under the s u m m a r y : Notice is hereby given that provisions of the Paperwork Reduction years at its La Plata mine. In the the Office of Surface Mining (OSM) has process, 1,551 acres of land would be Act (44 U.S.C. Chapter 35). Copies of the reopened the public comment period for disturbed on the mine area, the facilities proposed collection of information and the proposed La Plata mine draft EIS. area, and the transportation corridor related forms and explanatory material This comment period will extend to addressed by San Juan Coal Company’s March 6,1985,4 p.m., MST. The purpose may be obtained by contacting OSM’s permit application. An additional 92 of the extended comment period is to clearance officer at the phone number acres would be disturbed during give the public additional time to listed below. Comments and suggestions construction of that part of the prepare and submit written comments to on the requirement should be made transportation corridor within the permit OSM on the draft EIS and on revised within 30 days directly to the OSM area of the San Juan mine. Total information to the permit application clearance officer and to the Office of disturbance, therefore, would be 1,643 that has been made available by San Management and Budget Interior acres. The Back Diamond, Navajo, and Department Desk Officer, Nancy Juan Coal Company. The information is currently being printed and will be San Juan mines are in operation in the Baldwin, Washington, D.C. 20503, general area. available for public review on February telephone (202) 395-7340. 1,1985. It further describes coal The proposed La Plata mine draft EIS Title: 30 CFR 701 Permanent transportation alternatives, blast was released to the public on October Regulatory Program. vibration, and hydrology. 23,1984. A scoping meeting and a public A bstract: The Surface Mining Control In view of this new information, OSM hearing were held on July 27* 1983, and and Reclamation Act requires permit has evaluated the need for a December 4,1984, respectively, at the La applicants to pay an application fee and supplemental draft EIS in accordance Plata Firehouse, La Plata, New Mexico. allows the regulatory authority to with the provisions of the National The original public comment period on provide that the payment of the fee be Environmental Policy Act and the the draft EIS ended January 4,1985. spread over the term of the permit. The implementing regulations. OSM has The draft EIS analyzes the impacts on proposed rule would allow applicants to concluded that the new information the human environment that would request to pay in installments. The does not meet the requirements of 40 result from approval of the mining plan information collection requirement CFR 1502.9 (a) or (c). Therefore, a and issuance of a Federal permit to mine would be the applicant’s request to pay supplemental draft EIS is not required. coal by OSM for San Juan Coal in installments rather than in a single Copies of the new information will be Company’s proposed mine. The payment. available for review at the San Juan Secretary of the Interior must make a County Courthouse, Aztec, New Mexico; decision on San Juan Coal Company’s The proposed rule would also allow the New Mexico Energy and Minerals permit application in accordance with small operators to request and receive Department, Mining and Minerals the Surface Mining Control and waivers of all but $500 of the fee upon a Division, 525 Camino de los Marquez, Reclamation Act of 1977. The draft EIS showing that they met the criteria of 30 Santa Fe, New Mexico; the San Juan evaluates three alternative actions that CFR 795.6 (defining “small operator”). County Library, Farmington, New cover the range of decisions available to The information collection requirement Mexico; the Office of Surface Mining the Secretary of the Interior regarding would be the applicant’s request for Albuquerque Field Office, 219 Central the mining plan and the transportation such a waiver. Avenue NW., Room 4104, La Plata corridor plan for the proposed La Plata Bureau Form Number: None Highway, Farmington, New Mexico; and mine. These actions are approval of the the San Juan Coal Company La Plata Frequency: Once per applicant plans with conditions to bring them into Information Trailer, La Plata, New compliance with Federal and State Description of Respondents: Applicants Mexico. regulations and issuance of a Federal for Permits OATES: Written comments or statements permit to mine coal; disapproval of the Annual Responses: 540 must be received no later than 4 p.m., plans, in which case no Federal permit Annual Burden Hours: 270 MST, March 6,1985, at the address to mine coal would be issued; and no Bureau Clearance Officer: Darlene below. In preparing the final EIS, OSM action. Grose Boyd, (202) 343-5447. will consider comments received during The new information to the permit the original public comment period, the application consists of three reports. Dated: December 14,1984. public hearing on December 4,1984, and TTie "Evaluation of Coal Transport Carson W. Culp, the extended comment period. Alternatives” (Morrison Knudson, Assistant Director, Budget and ADDRESSES: Written comments or Volumes I and II, January 1985) Administration. statements must be mailed or hand evaluates thirteen scenarios for delivered to Allen D. Klein, conveying coal from the mine to the San [FR Doc. 85-2786 Filed 2-1-85; 8:45 am] Administrator, Attn: Charles Albrecht, Juan Power Plant. The report analyzes BILLING CODE 4310-05-M OSM, Western Technical Center, three transportation corridors and Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 4921 different modes of hauling coal, Dr. John Stovall, BIFAD Support Staff, Decided: January 28,1985. including truck-haul, conveyor, train, is the designated A.I.D. Advisory By the Commission, Chairman Taylor, Vice and coal slurry. Committee Representative at the Chairman Gradison, Commissioners Sterrett, The “Summary Report on Blast meeting. It is suggested that those Andre, Simmons, Lamboley, and Strenio. Vibration Studies” (David S. Bowling, desiring further information write to him James H. Bayne, January 2,1985) is a summary of a in care of the Agency for International Secretary. literature search on the potential effects Development, BIFAD Support Staff, [FR Doc. 85-2809, Filed 2-1-85; 8:45 amj of blasting on various types of Washington, D.C. 20523 or telephone structures. him at (202) 632-7332. BILLING CODE 7035-01-M The “Hydrology Report” (Radian Dated: January 30,1985. Corporation, January 1985) persents a program for monitoring domestic water John C. Rothberg, wells surrounding the proposed mine Assistant Director for Operations BIFAD DEPARTMENT OF JUSTICE site. Support Staff. The final EIS is expected to be [FR Doc. 85-2827 Filed 2-1-85: 8:45 am] Antitrust Division available for public review and BILLING CODE 6116-01-M comment in late May 1985. United States v. R.C. Cobb, Inc. and Dated: January 29,1985. INTERSTATE COMMERCE United States v. Consolidated Allen D. Klein, COMMISSION Theatres. Inc.; Proposed Final Acting Assistant Director, Technical Judgments and Competitive Impact Services, and Research. [Finance Docket No. 30603] Statements [FR Doc. 85-2748 Filed 2-1-85; 8:45 amj BILLING CODE 4310-05-M Rail Carriers; MG Rail, Inc.; Exemption Notice is hereby given pursuant to the From 49 U.S.C. 10746,10901,11321, Antitrust Procedures and Penalties Act, INTERNATIONAL DEVELOPMENT and 1143; Jeffersonville, IN; Notice 15 U.S.C. 16 (b) through (h), that COOPERATION AGENCY proposed Final Judgments, Stipulations and Competitive Impact Statements Agency for International Development a g e n c y : Interstate Commerce Commissions. have been filed with the United States Joint Committee on Agricultural District Court for the Northern District Research and Development of the a c t i o n : Notice of exemption. of Alabama in United States o f America Board for International Food and v. R.C. Cobb, Inc. and United States of Agricultural Development; Meeting SUMMARY: Pursuant to 49 U.S.C. 10505, A m erica v. Consolidated Theatres, Inc. the Interstate Commerce Commission Pursuant to the provisions of the The complaints in these cases allege exempts (a) from 49 U.S.C. 10901, the Federal Advisory Committee Act, notice that Cobb and Consolidated engaged in lease and operation by MG Rail, Inc. is hereby given of the twelfth meeting of a conspiracy, known in the trade as a (MG) of a 7.74-mile terminal rail line in the Joint Committee on Agricultural split agreement, to eliminate competition Clark Maritime Centre, Jeffersonville, Research and Development (JCARD) of for motion picture licenses being offered IN; (b) from 49 U.S.C. 10746, the the Board for International Food and by distributors for Birmingham, transportation by MG of freight in which Agricultural Development (BIFAD) on Huntsville, and Tuscaloosa, Alabama, in it may have an interest; and (c) from 49 February 14 and 15,1985. violation of Section 1 of the Sherman U.S.C. 11321 and 11343, the common The purpose of the meeting is to assist Act, 15 U.S.C. 1. The proposed control of MG and Arrow AID in implementing the components of Judgments would enjoin the defendants Transportation Company, a motor and the Title XII program by providing a from participating in any split water common carrier. two-way communications link for agreements or from otherwise entering concerns of AID and concerns of the DATES: This exemption is effective on into any agreement with any other universities. During this meeting JCARD February 4,1985. Petitions to reopen exhibitor to eliminate competition for will discuss issues related to forestry must be filled by February 25,1985. motion picture licenses. Each of the research and education, research ADDRESSES: Send pleadings referring to defendants would be further enjoined by priorities and implementation progress, Finance Docket No. 30603 to: the Judgments for a period of five years and review JCARD work plans for the from acting as a booking agent for a remainder of the year. (1) Office of the Secretary Case Control theatre owned by another exhibitor JCARD will meet from 1:15 p.m. to 5:00 Branch, Interstate Commerce where that theatre is within twenty P m. on February 14 and from 9:00 a.m. Commission, Washington, DC 20423 miles of one of the defendant’s theatres P,m' on February 15. The meeting (2) Petition’s representative: Peter A. or within twenty miles of a theatre for will be held in Room 1105, New State Greene, 1920 N Street, NW., Department Building, 22nd and C which the defendant acts as a booking Washington, DC 20036. Streets, NW., Washington, D.C. The agent, unless the defendant obtains meeting is open to the public. Any FOR FURTHER INFORMATION CONTACT: written permission from the Assistant interested person may attend, may file Louis E. Gitomer, (202) 275-7245. Attorney General in charge of the written statements with the Committee SUPPLEMENTARY INFORMATION: Antitrust Division. Public comment is afore or after the meeting, or may Additional information is contained in invited within the statutory 60-day present oral statements in accordance the Commission’s decision. To purchase comment period. Such comments, and With procedures established by the a copy of the full decision, write to T.S. responses thereto, will be published in ° ~ , and to the extent the time InfoSystems, Inc., Room 2227, Interstate the Federal Register and filed with the available for the meeting permits. An Commerce Commission, Washington, Court. Comments should be directed to escort from the “C” Street Information DC 20423, or call 289-4357 (DC John Clark, Chief, Special Trial Section, esk (Diplomatic Entrance) will conduct Metropolitan area) or toll free (800) 424- Room 9120 Star Building, Antitrust you to the meeting. 5403. Division, Department of Justice, i

4922 Federal Register / Voi. 50, No. 23 / Monday, February 4, 1985 / Notices

Washington, D.C. 20530, (telephone (202) respective attorneys, having consented otherwise ceases operations, (3) 724-6335). to the entry of this Final Judgment declares bankruptcy, or (4) is acquired Joseph H. Widmar, without trial or adjudication of any issue by (or becomes a subsidiary of) another Director o f Operations, Antitrust Division. of fact or law herein and without this firm. Final Judgment constituting any U.S. District Court, Northern District of V evidence against or an admission by any Alabama, Birmingham Division party with respect to any such issue; Defendant is enjoined and restrained [Civil Action No. CV85C02105; Filed: January Now, therefore, before the taking of from entering into, adhering to, 22,1985] any testimony and without trial or maintaining, enforcing, or furthering, Stipulation adjudication of any issue of fact or law directly or indirectly, any contract, herein and upon consent of the parties agreement, understanding, plan, or United States of America, plaintiff, v. R.C. hereto, it is hereby, program, with any person anywhere in Cobb, Inc., defendant. Ordered, adjudged, and decreed as the United States, to: It is stipulated by and between the follows: 1. Split or allocate among exhibitors undersigned parties, by their respective the right or opportunity to negotiate for attorneys, that: I motion picture licenses, including, but It is stipulated by and between the This Court has jurisdiction of the not limited to, any such activity referred undersigned parties, by their respective subject matter of this action and of the to as the split or allocation of a right of attorneys, that: parties hereto. The Complaint states a ifirst u o i licguuauunnegotiation ujlor uof i aan u iinitial i n n a i 1. The parties consent that a Final claim upon which relief may be granted opportunity to negotiate for film Judgment in the form hereto attached under Section 1 of the Sherman Act, 15 licenses; may be filed and entered by the Court, U.S.C. § 1. upon the motion of any party or upon 2. Refrain from bidding or II the Court’s own motion, at any time competitively negotiating for film after compliance with the requirements As used in this Final Judgment: licenses; of the Antitrust Procedures and A. “Booking agent” means a person 3. Submit noncompetitive, collusive, or Penalties Act (15 U.S.C. 16) and without who, acting as the agent of another rigged offers or bids on motion picture further notice to any party or other person, obtains licenses for the licenses; or proceedings, provided that plaintiff has exhibition of motion pictures by that 4. Fix, stabilize, or lower the terms, not withdrawn its consent, which it may other person; such as percentage rental payments, do at any time before the entry of the B. “Distributor” means any person guarantees, advances, or playtime, in proposed Final Judgment by serving who grants a license to an exhibitor motion picture licenses. notice thereof on the defendant and by authorizing the exhibitor to exhibit a VI filing that notice with the Court. motion picture in a theatre; 2. In the event plaintiff withdraws its C. “Exhibitor” means any person who For a period of five years from the consent or if the proposed Final owns, operates, or controls a theatre; entry of this final judgment, defendant is Judgment is not entered pursuant to this D. “License” means the grant by a enjoined and restrained: Stipulation, this Stipulation shall be of distributor to an exhibitor of the right to (A) From acting as the booking agent no effect whatever and the making of exhibit a motion picture in a theatre; for a theatre owned, operated, or this Stipulation shall be without E. "Person” means any individual, controlled by another exhibitor where prejudice to any party in this or any partnership, corporation, association, or that theatre is within twenty miles of a other proceeding. other business or legal entity; and theatre owned, operated, or controlled Dated: F. “Theatre” means any facility for the by the defendant, unless defendant For the Plaintiff: J. Paul McGrath, public exhibition of motion pictures. obtains written permission to its acting Assistance Attorney General; Joseph H. Ill as booking agent from the Assistant Widmar, John W. Clark, Frank N. Attorney General in charge of the This Final Judgment applies to the Bentkover, Attorneys, Department of Antitrust Division; or Justice. defendant and to its officers, directors, For the Defendant: E. M. Friend, Jr., F. agents, employees, subsidiaries, (B) From acting as the booking agent Timothy McAbee, Sirote, Permutt, successors, and assigns, and to all other for a theatre owned, operated, or Friend, Friedman, Held & Apolinsky, P.C. persons in active concert or controlled by another exhibitor where Post Office Box 55727, Birmingham, participation with any of them who shall that theatre is within twenty miles of a Alabama 35255; Fred E. Haynes; Dorothy theatre for which the defendant acts as E. Hansberry; Dorothy E. Hansberry, have received actual notice of this Final Judgment by personal service or the booking agent, unless defendant Attorneys, Department o f Justice, obtains written permission to its acting Antitrust Division, Washington, D.C. otherwise. 20530, (202) 724-6337. as booking agent from the Assistant IV Attorney General in charge of the U.S. District Court; Northern District of A. Defendant shall require, as a Antitrust Division. Alabama; Birmingham Division condition of the sale or other disposition VII Final Judgment of all, or substantially all, of its assets, that the acquiring party agree to be For the purpose of determining or United States of America, Plaintiff, v. bound by the provisions of this Final securing compliance with this Final R.C. Cobb, Inc., Defendant. Judgment and that such agreement be Judgment, and subject to any legally [Civil Action No. CV85C0210S; Entered: Filed: filed with the Court. recognized privilege, from time to time: January 22,1985] B. Defendant shall provide written (A) Duly authorized representatives of Plaintiff, United States of America, notice to the plaintiff no later than thirty the Department of Justice shall, upon having filed its complaint herein on days subsequent to the effective date of written request of the Attorney General January 22,1985, and plaintiff and any action whereby defendant (1) or of the Assistant Attorney General in defendant R.C. Cobb, Inc., by their changes its name, (2) liquidates or charge of the Antitrust Division, and on Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 4923 reasonable notice to defendant made to IX agreement is a type of cartel agreement. its principal office, be permitted: In a split, exhibitors get together and This Final Judgment will expire on the (1) Access during office hours of agree among themselves as to which of tenth anniversary of its date of entry or defendant to inspect and copy all books, them will have the right to negotiate, with respect to any particular provision, ledgers, accounts, correspondence, without competition from the other split on any earlier date specified. memoranda and other records and participants, with a distributor for a documents in the possession or under X license to exhibit a particular motion the control of defendant, who may have Entry of this Final Judgment is in the picture. The court in U nited S tates v. counsel present, relating to any matters public interest. Capitol Service, Inc., 568 F. Supp. 134 contained in this Final Judgment; and (E.D. Wis. 1983), ruled that all split (2) Subject to the reasonable Dated: agreements, while varying in their convenience of defendant and without mechanics, shared critical anti­ restraint or interference from it, to United States District Judge. competitive characteristics and were p e r interview officers, employees, and U.S. District Court; Northern District of s e illegal. agents of defendant, any of whom may Alabama; Birmingham Division In order to understand the nature of a have counsel present, regarding any split agreement, some background such matters. (Civil Action No. CV85CO210S; Filed: January 23,1985] information on the motion picture (B) Upon the written request of the industry and the licensing of motion Attorney General or of the Assistant Competitive Impact Statement "pictures is useful. The motion picture Attorney General in charge of the United States of America, plaintiff, v. industry encompasses three activities: Antitrust Division made to defendant’s production, distribution, and exhibition. principal R.C. Cobb, Inc., defendant. office, defendant shall submit Producers make motion pictures and such written Pursuant to Section 2(b) of the reports, under oath if enter into agreements with distributors requested, Antitrust Procedures and Penalties Act with respect to any of the to have their films distributed nationally matters (15 U.S.C. § 16(b)), the United States contained in this Final Judgment to theatres that are owned or operated as may hereby submits this qompetitive impact be requested. by exhibitors. Some distributors also No information or documents statement relating to the proposed final produce motion pictures or, in other obtained by the means provided in this judgment submitted for entry in this civil instances, finance the work of Section VII shall be divulged by any antitrust proceeding. independent producers. representative of the Department of I Distributors license motion pictures Justice to any person other than a duly for exhibition on a picture-by-picture, authorized represenative of the Nature and Purpose of the Proceeding theatre-by-theatre basis in each local Executive Branch of the United States, The United States has filed, market. Where two or more exhibitors except in the course of legal proceedings simultaneously with the filing of the to which the United States is a party, or operate theatres in a market, a proposed final judgment, a complaint distributor may license its films by for the purpose of securing compliance alleging that R. C. Cobb, Inc. (“Cobb”) with this Final Judgment, or as competitive bidding or by negotiating has engaged in a conspiracy in with competing theatres. otherwise required by law. unreasonable restraint of interstate (C) If Exhibitors are awarded motion at the time information or commerce in violation of Section 1 of the documents picture license agreements based on the are furnished by defendant Sherman Act (15 U.S.C. 1). Entry by the to plaintiff, offers they submit to a distributor in defendant represents and Court of the final judgment will identifies response to competitive bid solicitations in writing the material in any terminate this action. The Court will such or during negotiations. The offers that information or documents to which retain jurisdiction over this matter for a claim of exhibitors submit for licenses include, protection may be asserted such further proceedings as may be under Rule among other things, terms for film rental 26(c)(7) of the Federal Rules required to interpret, modify, or enforce of Civil Procedure, and defendant marks (generally a percentage of the gross or the judgment, or to punish violations each pertinent page of such material, net box office receipts), specific thereof. “Subject to claim of protection under playdates, and length of playtime Rule 26(c)(7) of the Federal Rules of II (including the conditions under which Civil Procedure,” then 10 days notice the film will be held over). The offers Description o f the Alleged Violation shall be given by plaintiff to defendant may also include a guarantee, which is a prior to divulging such material in any The Complaint alleges that, beginning minimum film rental payment that the legal proceeding (other than a grand jury in the Fall of 1983 and continuing into exhibitor promises to pay the distributor proceeding) to which defendant is not a July 1984, Cobb and its co-conspirators regardless of the financial success of the party. participated in an agreement, known in film, or an advance, which is an VIII the motion picture industry as a split advance payment to be applied against agreement, to eliminate competition the film rental actually earned under the Jurisdiction is retained by this Court among exhibitors in Birmingham, percentage rental terms in the license. for the purpose of enabling any of the Huntsville, and Tuscaloosa, Alabama When a distributor receives parties to this Final Judgment to apply to (“the three-city area”) for licenses to competitive bids or competitively- this Court at any time for such further films being offered by motion picture negotiated offers on a motion picture, it orders or directions as may be distributors for exhibition there.1A split awards the license to the theatre making necessary or appropriate for the the best offer. In deciding which is the construction or carrying out of this Final 1 Simultaneously with the filing of the complaint, best offer, the distributor takes into Judgment, for the modification of any of thë United States filed a criminal information account not only the licensing terms the provisions hereof, for the against Cobb charging it with a violation of Section offered by the competing exhibitors but enforcement of compliance herewith, 1 of the Sherman Act by participation in the split agreement in the three-city area. Pursuant to a plea also the overall grossing potential of and for the punishment of any violations agreement, Cobb has agreed to plead guilty to the their theatres, which is determined by hereof. _ criminal information and pay a $100,000 fine. theatre size, quality, and location. In 4924 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices

local markets where there are no (d) Refrain from dealing with twenty miles of a theatre for which f l £ agreements among exhibitors to restrain distributors with respect to motion Cobb acts as the booking agent, unless ■ F competition, competing exhibitors know pictures split or allocated to other Cobb obtains written permission to act I \ that to obtain a particular motion participants in the conspiracy; as booking agent from the Assistant picture license they must offer the (e) Refrain from competing against Attorney General in charge of the I 1 distributor a better deal than is offered each other for the licensing of motion Antitrust Division. The twenty-mile by their competitors. pictures; standard used in Section VI is not I y The split agreement that is the subject (f) Appoint Cobb as the booking intended in any way to imply that the I pf the proposed final judgment arose out agent3 for all first-run theatres in Department of Justice believes that the I of recent events in the Birmingham, Birmingham and Tuscaloosa, Alabama, appropriate geographic market for Huntsville, and Tuscaloosa motion with the responsibility for booking motion picture exhibition is an area with I t picture exhibition markets. Consolidated motion pictures at the theatres in those a diameter of twenty miles. The twenty- I Theatres, Inc. (“Consolidated”) entered two cities to which they had been split mile standard was chosen for the Huntsville market in 1977 by opening or allocated; and administrative purposes and in the ■ \ the University theatre; Cobb did not, at (g) Appoint Consolidated as the belief that it should generally cover that time, operate a theatre in booking agent for all first-run theatres in most situations in which there would be I , Huntsville. In 1982, Consolidated Huntsville, Alabama, with the reduced competition as a result of a expanded its operations in Alabama by responsibility for booking motion booking arrangement between Cobb and I opening theatres in Birmingham and pictues at the theatres in Huntsville to another exhibitor. The determination of I Tuscaloosa, two cities where Cobb which they had been split or allocated. the size of the geographic market for I ( previously had a monopoly position as As a result of the split agreement, film exhibition in a particular town or I the only exhibitor. Also in 1982, Cobb competition for the licensing of motion city depends on the analysis of a variety I entered the Huntsville market by pictures in the three-city area was of factors. The twenty-mile standard obtaining theatres there. eliminated. In particular, the split used in Section VI is not a substitute, Consolidated's entry into Birmingham eliminated bidding and competitive nor is it intended to be a substitute, for 1 and Tuscaloosa and Cobb’s entry into negotiations for film licenses. The that analysis. Huntsville led to intense competition elimination of competition resulted in Section IV of the final judgment between the two companies for film the exhibitors in the three-city area imposes certain additional obligations B licenses. This competition, which took offering to distributors terms for film on Cobb. In the event of $ sale of all or ■ the form of competitive bidding and licenses that were lower than they substantially all of Cobb’s assets, competitive negotiations, led to the would have been had the exhibitors Section IV(A) requires that Cobb, as a payment of film rental terms by Cobb continued to compete for licenses. and Consolidated that were generally condition of the sale, obtain an higher than they would have been in a Ill agreement by the acquiring party to be - non-competitive environment. bound by the final judgment. Section Explanation of the Proposed Final IV(B) requires that the defendant Substantial guarantees were paid by the Judgment two exhibitors as a result of die provide written notice to the United competition; the competition also meant The United States and the defendant States within thirty days of the effective I that the rental terms in the licenses for have agreed in a stipulation that the date of any action whereby it (1) the three-city area were not adjustable.2 final judgment may be entered by the changes its name, (2) liquidates or Cobb and Consolidated became Court at any time after compliance with otherwise ceases operations, (3) unhappy with the high film rental terms the Antitrust Procedures and Penalties declares bankruptcy, or (4) is acquired I resulting from competition in the three- Act. The final judgment provides that pi by (or becomes a subsidiary of) another | city area. In the Fall of 1983, they agreed there has been no admission by any firm. to form a split in order to eliminate the party with respect to any issue. Under In order to ensure that defendant is competition that was causing the high the provisions of Section 2(e) of the complying with the provisions of the film rental terms. The terms of the split Antitrust Procedures and Penalties Act, final judgment, Section VII(A) sets forth I agreement were that the two companies 15 U.S.C. 16(e), entry of this judgment is procedures under which representatives I and their co-conspirators would: conditioned upon a determination by the of the Department of Justice will be (a) Split or allocate among themselyes Court that the judgment is in the public permitted to inspect and copy Cobb’s the rights to negotiate for motion picture interest. The term of the final judgment documents and to interview its officers, licenses; is 10 years. employees, and agents. Section VII(B) (b) Refrain from competitive bidding Section V of the final judgment requires Cobb to submit written reports ■ or competitive negotiations for motion prohibits Cobb from entering into any upon the written request of the Attorney 1 picture licenses; agreement with competitors anywhere General or the Assistant Attorney (c) Submit offers only for the in the United States to eliminate General in charge of the Antitrust exhibition of motion pictures at the competition for motion picture licenses. Division. theatres to which they had been split or Section VI of the final judgment, allocated; enjoins Cobb, for a period of five years from the date of entry of the final Alternatives Considered to the Proposed H judgment, from acting as a booking 2 The general industry practice is that the rental Final Judgmen t terms in licenses awarded pursuant to competitive agent for a theatre owned, operated, or bidding and competitive negotiations are not, controlled by another exhibitor where The United States considered no except in unusual circumstances, subject to that theatre is either within twenty miles alteratives. Other than the booking adjustment after the picture plays. In other words, of one of Cobb’s theatres or within prohibition in Secton VI of the final ■ the terms in licenses awarded by bid or by all competitive negotiation are considered to be "firm.” judgment, the final judgment includes I By contrast, the rental terms on pictures licensed by 3 A booking agent is a person whà, acting as the the relief requested in the complaint and I negotiation are frequently subject to downward agent for another person, obtains licenses for the provides the same relief as obtained by ■ adjustment if the film performs below expectations. exhibition of motion pictuers by that other person. the United States after fully litigating Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 4925

United States v. Capitol Service, Inc. 568 Fred E. Haynes, Dorothy E. Hansberry, any evidence against or an admission by F. Supp. 134 (E.D. Wis. 1983). Attorneys, Antitrust Division, U.S. any party with respect to any such issue: Department o f Justice, Washington, D.C. Now, therefore, before the taking of V 20530, Telephone: (202) 724-6337. any testimony and without trial or Remedies Available to Private Plaintiffs U.S. District Court, Northern District of adjudication of any issue of fact or law Alabama; Birmingham Division herein and upon consent of the parties Potential private plaintiffs who might hereto, it is hereby, have been damaged by the alleged [Civil Action No. CV85C02115; Filed: January Ordered, adjudged, and decreed as violation will retain the same right to 22,1985) follows: sue for monetary damages and any United States of America, plaintiff, v. other legal or equitable remedies that Consolidated Theatres, Inq., defendant. I they would have had were the final This Court has jurisdiction of the judgment Stipulation not entered. Pursuant to subject matter of this action and of the Section 5(a) of the Clayton Act (15 It is stipulated by and between the parties hereto. The Complaint states a U.S.C. 16(a)), this judgment may not be undersigned parties, by their respective claim upori which relief may be granted used in private litigation as prima facie attorneys, that: under Section 1 of the Sherman Act, 15 evidence of the defendant’s violation of 1. The parties consent that a Final U.S.C. § 1. the federal antitrust laws, although a Judgment in the form hereto attached plea of guilty or a conviction in the may be filed arid entered by the Court,. II accompanying criminal information upon the motion of any party or upon As used in this Final Judgment: could be so used. the Court’s own motion, at any time A. “Booking agent” means a person VI after compliance with the requirements who, acting as the agent of another of the Antitrust Procedures and person, obtains licenses for the Procedures Available for Modification Penalties Act (15 U.S.C. 16) and without exhibition of motion pictures by that of the Proposed Judgment further notice to any party or other other person; proceedings, provided that plaintiff has The final judgment is subject to a B. “Distributor” means any person not withdrawn its consent, which it may stipulation by the United States and the who grants a license to an exhibitor do at any time before the entry of the defendant that provides that the United authorizing the exhibitor to exhibit a proposed Final Judgment by serving States may withdraw its consent to the motion picture in a theatre; notice thereof on the defendant and by judgment at any time until the Court has C. “Exhibitor” means any person who filing that riotice with the Court. found that entry of the judgment is in the owns, operates, or controls a theatre; public interest. By its terms, the final 2. In the event plaintiff withdraws its D. “License” means the grant by a judgment provides for the Court’s consent or if the proposed Final distributor to an exhibitor of the right to retention of jurisdiction in order, among Judgment is not entered pursuant to this exhibit a motion picture in a theatre; Stipulation, this Stipulation shall be of other things, to permit the parties to E. "Person” means any individual, no effect whatever and the making of apply to the Court for such orders as partnership, corporation, association, or may be necessary or appropriate for the this Stipulation shall be without other business or legal entity; and prejudice to any party in this or any modification of the final judgment. F. “Theatre” means any facility for the other proceeding. As provided by Section 2(b) of the public exhibition of motion pictures. Dated: Antitrust Procedures and Penalties Act, III 15 U.S.C. § 16(b), any person wishing to For the plaintiff: J. Paul McGrath, A ssistant comment on the final judgment may, for Attorney General, Joseph H. Widmar, This Final Judgment applies to the the sixty (60) day period prior to the John W. Clark, Frank N. Bentkover, defendant and to its officers, directors, Attorneys, Department o f Justice. effective date pf the judgment, submit agents, employees, subsidiaries, For the Defendant: Mark B. Edwards, Berry, successors, and assigns, and to all other written comments to: John W. Clark, Hogewood, Edwards & Freeman, Suite Chief, Special Trial Section, Antitrust 3601, One NCNB Plaza Charlotte, North persons in active concert or Division, Department of Justice, Carolina 28280; Fred E. Haynes, Dorothy participation with any of them who shall Washington, D.C. 20530. E. Hansberry, Attorneys, Department of have received actual notice of this Final The comments, and the responses Justice, Washington, D.C. 20530, (202) Judgment by personal service or thereto, will be filed with the Court and 724-6337. otherwise. published in the Federal Register. The U.S. District Court, Northern District of IV Department of Justice will evaluate all Alabama, Birmingham Division comments and detemine whether there A. Defendant shall require, as a is any reason for the withdrawal of its [Civil Action No. CV85C02115; Entered: Filed: condition of the sale or other disposition January 22,1985) consent to the judgment. of all, or substantially all, of its assets, United States of America, plaintiff, v. that the acquiring party agree to be VII Consolidated Theatres, Inc., defendant. bound by the provisions of this Final Determinative Documents Judgment and that such agreement be Final Judgment filed with the Court. Since there are no materials or Plaintiff, United States of America, B. Defendant shall provide written documents that were determinative in having filed its complaint herein on notice to the plaintiff no later than thirty formulating a proposal for the consent January 22,1985, and plaintiff and days subsequent to the effective date of judgment, none are being filed by the defendant Consolidated Theatres, Inc., any action whereby defendant (1) United States. Section 2(b) of the by their respective attorneys, having changes its name, (2) liquidates or Antitrust Procedures and Penalties Act consented to the entry of this Final otherwise ceases operations, (3) requires that such cjocuments, if there Judgment without trial or adjudication of declares bankruptcy, or (4) is required are any, be made available to the public any issue of fact or law herein and by (or becomes a subsidiary of) another for examination. without this Final Judgment constituting firm. . 4926 Federal Register / Voi. 50, No. 23 / Monday, February 4, 1985 / Notices

V ledgers, accounts, correspondence, X Defendant is enjoined and restrained memoranda and other records and documents in the possession or under Entry of this Final Judgment is in the ■ from entering into, adhering to, public interest. maintaining, enforcing, or furthering, the control of defendant, who may have directly or indirectly, any contract, counsel present, relating to any matters Dated: agreement, understanding, plan, or contained in this Final Judgment; and program, with any person anywhere in (2) Subject to the reasonable United States District Judge. the United States, to: convenience of defendant and without " restraint or interference from it, to US District Court, Northern District of 1. Split or allocate among exhibitors Alabama, Birmingham Division the right or opportunity to negotiate for interview officers, employees, and motion picture licenses, including, but agents of defendant, any of whom may [Civil Action No. CV85C02115; Filed: January not limited to, any such activity referred have counsel present regarding, any 22,1985J - such matters. to as the split or allocation of a right of United States of America, Plaintiff, v. (B) Upon the written request of the first negotiation or of an initial Attorney General or of the Assistant Consolidated Theatres, Inc., defendant. opportunity to negotiate for film Attorney General in charge of the licenses; Com petitive Im pact Statem ent Antitrust Division made to defendant’s 2. Refrain from bidding or principal office, defendant shall submit Pursuant to Section 2(b) of the competitively negotiating for film such written reports, under oath if Antitrust Procedures and Penalties Act licenses; requested, with respect to any of the (15 U.S.C. § 16(b)), the United States 3. Submit noncompetitive, collusive, or matters contained in this Final Judgment hereby submits this competitive impact rigged offers or bids on motion picture as may be requested. statement relating to the proposed final licenses; or No information or documents judgment submitted for entry in this civil 4. Fix, stabilize, or lower the terms, obtained by the means provided in this antitrust proceeding. such as percentage rental payments, Section VII shall be divulged by any guarantees, advances, or playtime, in representative of the Department of I motion picture licenses. Justice to any person other than a duly Nature and Purpose o f the Proceeding J VI authorized representative of the Executive Branch of the United States, The United States has filed, For a period of five years from the except in the course of legal proceedings simultaneously with the filing of the entry of this final judgment, defendant is to which the United States is a party, or proposed final judgment, a complaint enjoined and restrained: for the purpose of securing compliance alleging that Consolidated Theatres, Inc. (A) From acting as the booking agent with this Final Judgment, or as (‘‘Consolidated”) has engaged in a for a theatre owned, operated, or otherwise required by law. conspiracy in unreasonable restraint of controlled by another exhibitor where (C) If at the time information or interstate commerce in violation of that theatre owned, operated, or documents are furnished by defendant Section 1 of the Sherman Act (15 U.S.C. controlled by another exhibitor where to plaintiff, defendant represents and 1). Entry by the Court of the final that theatre is within twenty miles of a identifies in writing the material in any theatre owned, operated,, or controlled judgment will terminate this action. The such information or documents to which Court will retain jurisdiction over this by the defendant, unless defendant a claim of protection may be asserted obtains written permission to its acting matter for such further proceedings as under Rule 26(c)(7) of the Federal Rules may be required to interpret, modify, or as booking agent from the Assistant of Civil Procedures, and defendant enforce the judgment, or to punish Attorney General in charge of the marks each pertinent page of such violations thereof. Antitrust Division; or material, ’’Subject to claim of protection (B) From acting as the booking agent ♦ under Rule 26(c)(7) of the Federal Rules II for a theatre owned, operated, or of Civil Procedure,” then 10 days notice controlled by another exhibitor where shall be given by plaintiff to defendant Description o f the Alleged Violation that theatre is within twenty miles of a prior to divulging such material in any The Complaint alleges that, beginning theatre for which the defendant acts as legal proceeding (other than a grand jury in the Fall of 1983 and continuing into the booking agent, unless defendant proceeding) to which defendant is not a July 1984, Consolidated and its co­ obtains written permission to its acting party. as booking agent from the Assistant conspirators participated in an Attorney General in charge of the VIII agreement, known in the motion picture Antitrust Division. Jurisdiction is. retained by this Court industry as a split agreement, to eliminate competition amony exhibitors VII for the purpose of enabling any of the parties to this Final Judgment to apply to in Birmingham, Huntsville, and For the purpose of determining or this Court at any time for such further Tuscaloosa, Alabama (“the three-city securing compliance with this Final orders or directions as may be area”) for licenses to films being offered Judgment, and subject to any legally necessary or appropriate for the by motion picture distributors for recognized privilege, from time to time: construction or carrying out of this Final exhibition there.1 A split agreement is a (A) Duly authorized representatives of Judgment, for the modification of any of the Department of Justice shall, upon the provisions hereof, for the written request of the Attorney General enforcement of compliance herewith, 1 Simultaneously with the filing of the complaint, or of the Assistance Attorney General in and for the punishment of any violations the United States filed a criminal information charge of the Antitrust Division, and on hereof. against Consolidated charging it with a violation of reasonable notice to defendant made to This Final Judgment will expire on the Section 1 of the Sherman Act by participation in the its principal office, be permitted: split agreement in the three-city area. Pursuant to a tenth anniversary of its date of entry or plea agreement, Consolidated has agreed to plead (1) Access during office hours of with respect to any particular provision, guilty to the criminal information and pay a $75,000 defendant to inspect and copy all books, on any earlier date specified. fine. Federal Register / Vol 50, No. 23 / Monday, February 4, 1985 / Notices 4927

type of cartel agreement. In a spilt, agreements among exhibitors to restrain (d) Refrain from dealing with exhibitors get together and agree among competition, competing exhibitors know distributors with respect to motion themselves as to which of them will that to obtain a particular motion pictures split or allocated to other have the right to negotiate, without picture license they must offer the participants in the conspiracy; competition from the other split distributor a better deal than is offered (e) Refrain from competing against participants, with a distributor for a by their competitors. each other for the licensing of motion license to exhibit a particular motion The split agreement that is the subject pictures; picture. The court in U nited S tates v. of the proposed final judgment arose out (f) Appoint Cobb as the booking Capitol Service, Inc., 568 F. Supp. 134 of recent events in the Birmingham, agent3 for all first-run theatres in (E.D. Wis. 1983), ruled that all split Huntsville, and Tuscaloosa motion Birmingham and Tuscaloosa, Alabama, agreements, while varying in their picture exhibition markets. Consolidated with the responsibility for booking * mechanics, shared critical anti­ entered the Huntsville market in 1977 by motion pictures at the theatres in those competitive characteristics and were p e r opening the University theatre; R.C. two cities to which they had been split illegal. se Cobb, Inc. (“Cobb”) did not, at that time, or allocated; and In order to understand the nature of a operate a theatre in Hunsville, In 1982, (g) Appoint Consolidated as the split agreement, some background Consolidated expanded its operations in booking agent for all first-run theatres in information on the motion picture Alabama by opening theatres in Huntsville, Alabama, with the industry and the licensing of motion Birmingham and Tuscaloosa, two cities responsibility for booking motion pictures is useful. The motion picture where Cobb previously had a monopoly pictures at the theatres in Huntsville to industry encompasses, three activities: position as the only exhibitor. Also in which they had been split or allocated. production, distribution, and exhibition. 1982, Cobb entered the Huntsville As a result of the split agreement, Producers make motion pictures and market by obtaining theatres there. competition for the licensing of motion enter into agreements with distributors pictures in the three-city area was to have their films distributed nationally Consolidated’s entry into Birmingham eliminated. In particular, the split to theatres that are owned or operated and Tuscaloosa and Cobb’s entry into eliminated bidding and competitive by exhibitors. Some distributors also Huntsville led to intense competition negotiations for film licenses. The produce motion pictures or, in other between the two companies for film elimination of competition resulted in instances, finance the work of licenses. This competition, which took the exhibitors in the three-city area independent producers. the form of competitive bidding and Distributors license motion pictures competitive negotiations, led to the offering to distributors terms for film for exhibition on a picture-by-picture, payment of film rental terms by Cobb licenses that were lower than they theatre-by-theatre basis in each local and Consolidated that were generally would have been had the exhibitors market. Where two or more exhibitors higher than they would have been in a continued to compete for licenses. operate theatres in a market, a non-competitive environment. Ill distributor may license its films by Substantial guarantees were paid by the competitive bidding or by negotiating two exhibitors as a resulFof the Explanation o f the Proposed Final with competing theatres. competition; the competitions also Judgm ent Exhibitors are awarded motion meant that the rental terms in the ThelJnited States and the defendant picture license agreements based on the licenses for the three-city area were not have agreed in a stipulation that the offers they submit to a distributor in adjustable.2 final judgment may be entered by the response to competitive bid solicitations Cobb and Consolidated became Court at any time after compliance with or during negotiations. The offers that unhappy with the high film rental terms the Antitrust Procedures and Penalities exhibitors submit for licenses include, resulting from competition in the three- Act. The final judgment provides that among other things, terms for film rental city area. In the Fall of 1983, they agree there has been no admission by any (generally a percentage of the gross or to form a split in order to eliminate the party with respect to any issue. Under net box office receipts), specific competition that was causing the high the provisions of section 2(e) of the playdates and length of playtime film rental terms. The terms of the split Antitrust Procedures and Penalties Act, (including the condition under which the agreement were that the two companies 15 U.S.C. § 16(e), entry of this judgment film will be held over). The offers may and their co-consipirators would: is conditioned upon a determination by also include a guarantee, which is a (a) Split or allocate among themselves the Court that the judgment is in the minimum film rental payment that the the rights to negotiate for motion picture public interest. The term of the final exhibitor promises to pay the distributor licenses; judgment is 10 years. regardless of the financial success of the (b) Refrain from competitive bidding Section V of the final judgment film, or an advance, which is an or competitive negotiations for motion prohibits Consolidated from entering advance payment to be applied against picture licenses; into any agreement with competitors the film rental actually earned under the anywhere in the United States to Percentage rental terms in the license. (c) Submit offers only for the exhibition of motion pictures at the eliminate competition for motion picture When a distributor receives licenses. competitive bids or competitively- theatres to which they had been split or allocated; Section VI of the final judgment, negotiated offers on a motion picture, it enjoins Consolidated, for a period of ‘!Waurds the license to the theatre making five years from the date of entry of the he best offer. In deciding which is the 2 The general industry practice is that the rental terms in licenses awarded pursuant to competitive final judgment, from acting as a booking est offer, the distributor takes into agent for a theatre owned, operated, or affcount not only the licensing terms bidding and competitive negotiations are not, except in unusual circumstances, subject to controlled by another exhibitor where 0 fered by the competing exhibitors but adjustment after the picture plays. In other words, that theatre is either within twenty miles also the overall grossing potential of the terms in licenses awarded by bid or by eir theatres, which is determined by competitive negotiation are considered to be “firm.” 1 ea*re size, quality, and location. In By contrast, the rental terms on pictures licensed by 3 A booking agent is a person who, acting as the negotiation are frequently subject to downward agent for another person, obtains licenses for the °cal markets where there are no adjustment if the film performs below expectations. exhibition of motion pictures by the other person. 4928 Federal Register / V oi 50, No. 23 / Monday, February 4, 1985 / Notices

of one of Consolidated’s theatres or provides the same relief as obtained by Fred K. Haynes, Dorothy E. Hansberry, within twenty miles of a theatre for the United States after fully litigating Attorneys, Antitrust Division, U'.S: which Consolidated acts as the booking United States v. Capitol Service, Tnc., Department o f Justice, Washington, DC. agent, unless Consolidated obtains 568 F. Supp. 134 (E.D. Wis. 1983). 20530, Telephone: (202} 724-6337. written permission to act as booking [FR Doc. 85-2762 Filed* 2-1-85; 8:45 am) V agent from the Assistant Attorney BILLING CODE 4410-01-M General in charge of the Antitrust Remedies Available to Private Plaintiffs Division. The twenty-mile standard used in Section VI is not intended in any way Potential private plaintiffs who might National Cooperative Research Act of to imply that the Department of Justice have been damaged by the alleged 1984; Medianr Range Truck believes that the appropriate geographic violation will retain the same right to Transmission Cooperative Project; market for motion picture exhibition is sue for monetary damages and any Eaton Corp., et at. an area with a diameter of twenty miles. other legal or equitable remedies that Notice is hereby given that pursuant The twenty-mile standard was chosen they would have had were the final to Section 6(a) of the National for administrative purposes and in the judgment not entered. Pursuant to Cooperative Research Act of 1984, Pub. belief that it should generally cover Section 5(aJ of the Clayton Act (15 L. 98-462 (“the Act”), Eaton Corporation; most situations in which there would be U.S.C. 16(a)), this judgment may not be a wholly owned United Kingdom reduced competition as a result of a used in private litigation as prima facie subsidiary of Eaton Corporation, Eaton, booking arrangement between evidence of the defendant’s violation of Limited; and Fiat Veicoli Industrialia, Consolidated and another exhibitor. The the federal antitrust laws, although a S.p.A., an Italian corporation, have filed determination of the size of the plea of guilty or a conviction in the a written notification of a truck geographic market for film exhibition in accompanying criminal information transmission project simultaneously a particular town or city depends on the could be so used. with the Attorney General and the analysis of a variety of factors. The Procedures Available for Modification Federal Trade Commission disclosing (1) twenty-mile standard used in Section VI of the Proposed Judgment the identities of the parties to the project is not a substitute, nor is it intended to and (2) the nature and objectives of the be a substitute* for that analysis. The final judgment is subject to a project. The notification was filed for Section IV of the final judgment stipulation by the United States and the the purpose of invoking the Act’s imposes certain additional obligations defendant that provides that the United provisions limiting the recovery of on Consolidated. In the event of a sale States may withdraw its consent to the antitrust plaintiffs to actual damages of all or substantially all of judgment at any time until the Court has under specified circumstances. Pursuant Consolidated’s assets, Section IV(A) found that entry of the judgment is in the to Section 6(b) of the Act, the identities requires that Consolidated, as a public interest. By its terms, the final of the parties to the project, and its condition of the sale, obtain an judgment provides for the Court's general areas of planned activity, are agreement by the acquiring party to be retention of jurisdiction in order, among given below. bound by the final judgment. Section other things, to permit the parties to The parties to the project are: Eaton IV(B) requires that the defendant apply to the Court for such orders as Corporation; Eaton, Limited; and Fiat provide written notice to the United may be necessary or appropriate for the Veicoli Industrialia, S.p.A. The purpose States within thirty days of the effective modification of the final judgment. of the project is to design and to develop date of any action whereby it (1) As provided by Section 2(b) of the medium range manual change gear changes its name; (2} liquidates or Antitrust Procedures and Penalties Act, synchronized truck transmissions and to otherwise ceases operations, (3) 15 U.S.C. 16(b), any person wishing to evaluate the possibility of further declares bankruptcy* or (4) is acquired comment on the final judgment may, for cooperation regarding specilized by (or becomes a subsidiary of) another the sixty (60) day period prior to the firm. effective date of the judgment submit manufacturing of the transmissions after In order to ensure that defendant is written comments to: John W. Clark, completion of the project. The transmissions will have 310, 410, 510, complying with the provisions of the Chief, Special Trial Section, Antitrust and 610 foot pounds of torque with 5,6, final judgment, Section VII(A) sets- forth Division, Department of Justice, 9, and 9 speeds, respectively. procedures under which representatives Washington, D.C. 20530, Cooperation between the companies of the Department of Justice will be Thè comments, and the responses will end when the project is completed permitted to inspect and copy thereto, will be fifed with the Court and or on December 31,1986, whichever is Consolidated’s documents and to published in the Federal Register. The earlier. interview its officers, employees, and Department of Justice will évaluate all agents. Section VII(B) requires comments and determine whether there Joseph H. Widmar, Consolidated to submit written reports is any reason for the withdrawal of its Director o f Operations, Antitrust Division. upon the written request of the Attorney consent to the judgment. [FK Doc. 85-2761 Filed 2-1-85; 8:45 am] General or the Assistant Attorney VII BILUNG CODE 4410-01-M General in charge of the Antitrust Division. Determinative Documents IV. Since there are no materials or LIBRARY OF CONGRESS Alternatives Considered to the Proposed documents that were determinative in American Foikllfe Center Board of Final Judgment formulating a proposal for the consent Trustees; Meeting judgment, none are being filed by the The United States considered no United States. Section 2(b) of the In accordance with Pub. L. 94-463, the alternatives. Other than the booking Antitrust Procedures and Penalties Act Board of Trustees of the American prohibition in Section VI of the final requires that such documents, if there Foikllfe Center announce its meetings to judgment, the final judgment includes all are any, be made available to the public be held in Washington, D.C. on Friday, the relief requested in the complaint and for examination. March 1, from 9:30 a.m. to 4:30 p.m. in Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 4929

the Wilson Room of the Library of given in confidence to the agency by Coolant Pressure Boundary by Congress. The meeting will be open to grant applicants. In accordance with the terminating excessive temperature and the public. It is suggested that persons determination of the Chairman pressure increases through the initiation planning to attend this meeting as published in the Federal Register of of an automatic scram. The function of observers contact Ray Dockstader, February 13,1980, these sessions will be refueling interlocks is to prevent American Folklife Center (202) 287-6590. closed to the public pursuant to criticality by restricting the movement of The American Folklife Center was subsections (c)(4), (6) and 9(b) of section control rods during refueling and to created by the U.S. Congress with 552b of Title 5, United States Code. prevent refueling operations from being passage of Pub. L 94-201, the American Further information with reference to carried out when all control rods are not Folklife Preservation Act, in 1976. The this meeting can be obtained from Mr. fully inserted. The proposed revisions Center is directed to “preserve and John H. Clark, Advisory Committee would require that all control rods be present American folklife” through Management Officer, National electrically disarmed once the rods are programs of research, documentation, Endowment for the Arts, Washington, fully inserted. The need for interlocks archival preservation, live presentation, D.C. 20506, or call (202) 682-5433. under these conditions would therefore exhibition, publications, dissemination, John H. Clark, be eliminated. training, and other activities involving Director, Council and Panel Operations, Before issuance of the proposed the many folk cultural traditions of the National Endowment for the Arts. license amendment, the Commission United States. The Center is under the January 25,1985. will have made findings as required by general guidance of a Board of Trustees, [FR Doc. 85-2727, Filed 2-1-85; 8:45 am] the Atomic Energy Act of 1954, as composed of members from Federal amended (the Act) and the agencies and private life widely BILLING CODE 7537-01-M Commission’s regulations. - recognized for their interest in American The Commission has made a proposed folk traditions and arts. determination that the amendment The Center is structured with a small NUCLEAR REGULATORY request involves no significant hazards group of versatile professional who both COMMISSION consideration. Under the Commission’s carry out programs themselves and Power Authority of the State of New regulations in 10 CFR 50.92, this means oversee projects done by contract by York; Consideration of Issuance of that operation of the facility in others. In the brief period of the Center’s Amendment to Facility Operating accordance with the proposed operation it has energetically carried out License and Proposed No Significant amendment would not: its mandate with programs that provide Hazards Consideration Determination coordination, assistance, and model (1) Involve a significant increase in and Opportunity for Hearing projects for the field of American the probability or consequences of an accident previously evaluated. Since the folklife. [Docket No. 50-333] reactor would be in cold shutdown, the Raymond L. Dockstader, The U.S. Nuclear Regulatory only design basis accidents that could Deputy Director, American Folklife Center. Commission (the Commission) is possibly occur, and, therefore, need to [FR Doc. 85-2775, Filed 2-1-85; 8:45 am] considering issuance of amendment to be considered are: a rod drop accident, BILUNG CODE 1410-01-M Facility Operating License No. DPR-59, a fuel assembly drop accident in the issued to Power Authority of the State of spent fuel pool, and a refueling accident New York (the licensee), for operation of in which a fuel assembly drops on the NATIONAL FOUNDATION ON THE the James A. FitzPatrick Nuclear Power core during refueling. The proposed ARTS AND THE HUMANITIES Plant (the facility), located in Oswego revisions would not increase the Music Advisory Panel; Meeting County, New York. probability of fuel assembly drops. In In accordance with the licensee’s the unlikely event one occurs, neither Pursuant to section 16(a)(2) of the application dated December 6,1984, as the reactor protection system nor the Federal Advisory Committee Act (Pub. supplemented January 10,1985, the control rod blocks and refueling L. 92-463), as amended, notice is hereby proposed amendment would revise the interlocks could, or are designed to, given that a meeting of the Music Technical Specifications (TSs) to permit prevent or mitigate the consequences. A Advisory Panel (Centers and Services refueling with the Reactor Protection rod drop accident, which is described in Section) to the National Council on the System (RPS) inoperable. These section 14.6.1.2 of the FitzPatrick Final Arts will be held on February 19,1985, revisions would facilitate installation of Safety Analysis Report (FSAR), is not from 9:00 a.m.-6:00 p.m. and on February Analog Trip Transmitter System considered credible since it cannot 20,1985, from (9:00 a.m.-4:00 p.m. in components and avoid delay in occur in the absence of rod withdrawal. room 714 of the Nancy Hanks Center, completion of the 1985 refueling outage. Rod motion is physically prevented by 1100 Pennsylvania Avenue, NW., In Table 3.1-1 of Appendix A of the electrically disarming all rods as Washington, D.C. 20506. TSs, for the refueling mode, the described above. In addition, procedures A portion of this meeting will be open following statement would be added: and administrative controls which meet to the public on February 20, from 3:00- “When all rods are full-in and the requirements of 10 CFR 50 Appendix 4:00 p.m. to discuss guidelines. electrically disarmed, the reactor B will be used to assure that the rods The remaining sessions of this protection system need not be are electrically disarmed. meeting on February 19, from 9:00 a.m.- operable.” In Section 3.10, the following (2) Create the possibility of a new or 6:00 p.m.; and on February 20, from 9:00 item (3.10.A.8) would be added: “Refuel different kind of accident from any a m.-3:00 p.m. are for the purpose of interlocks and rod blocks associated accident previously evaluated. The only anel review, discussion, evaluation and with one rod permissive need not be events that could be associated with the ^commendation on applications for operable if all rods are fully inserted proposed revisions have been discussed p ancial assistance under the National and electrically disarmed.” above. No new possible events can be oundation on the Arts and the The Reactor Protection System limits attributed to the proposed revisions. Humanities Act of 1966, as amended, the uncontrolled release of radioactive (3) Involve a significant reduction in a deluding discussion of information material from the fuel and the Reactor margin of safety. Since the proposed 4930 federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices revisions apply only when all rods are property, financial, or other interest in expiration of the 30-day notice period, fully inserted and electrically disarmed, the proceeding; and (3) the possible provided that its final determination is H o! the reactor, in effect, would already be effect of any order which may be that the amendment involves no in a scrammed condition. Therefore, entered in the proceeding on the significant hazards consideration. The I D under these circumstances, no reduction petitioner’s interest. The petition should final determination will consider all B C in safety margin would result from an also identify the specific aspect(s) of the public and State comments received. B I inoperable RPS. In addition, the nuclear subject matter of the proceeding as to Should the Commission take this action, I [1 characteristics of the core assure that which petitioner wishes to intervene. it will publish a notice of issuance and B b the reactor would remain subcritical Any person who has filed a petition for provide for opportunity for a hearing B even if the highest worth control rod leave to intervene or who has been after issuance. The Commission expects I were able to be fully withdrawn. admitted as a party may amend the that the need to take this action will B / Based on the foregoing, the petition without requesting leave of the occur very infrequently. f l J Commission proposes to determine that Board up to fifteen (15) days prior to the A request for a hearing or a petition the proposed license amendment does first prehearing conference scheduled in for leave to intervene must be filed with I * not involve a significant hazards the proceeding, but such an amended the Secretary of the Commission, U.S. consideration. petition must satisfy the specificity Nuclear Regulatory Commission, f l > The Commission is seeking public requirements described above. Washington, D.C. 20555, Attn: Docketing H j comments on this proposed Not later than fifteen (15) days prior to and Service Branch, or may be delivered I j determination. Any comments received the first prehearing conference to the Commission’s Public Document B 1 within 30 days after the date of scheduled in the proceeding, a petitioner Room, 1717 H Street, NW„ Washington, publication of this notice will be shall file a supplement to the petition to D.C., by the above date. Where petitions I considered in making any final intervene which must include a list of are filed during the last ten (10) days of determination. The Commission will not the contentions which are sought to be the notice period, it is requested that the f l j normally make a final determination litigated in the matter, and the bases for petitioner promptly so inform the I , unless it receives a request for a each contention set forth with Commission by a toll-free telephone call I hearing. reasonable specificity. Contentions shall to Western Union at (800) 325-6000 (in Comments should be addressed to the be limited to matters within the scope of Missouri (800) 342-6700). The Western Secretary of the Commission, U.S. the amendment under consideration. A Union operator should be given Nuclear Regulatory Commission, petitioner who fails to file such a Datagram Identification Number 3737 Washington, D.C. 20555, Attn: Docketing supplement which satisfies these and the following message addressed to and Service Branch. requirements with respect to at least one Domenic B. Vassallo: petitioner’s name By March 6,1985, the licensee may file contention will not be permitted to and telephone number; date petition a request for a hearing with respect to participate as a party. was mailed; plant name; and publication I issuance of the amendment to the Those permitted to intervene become date and page numberof this Federal subject facility operating license and parties to the proceeding, subject to any Register notice. A copy of the petition any person whose interest may be limitations in the order granting leave to should also be sent to the Executive affected by this proceeding and who intervene, and have the opportunity to Legal Director, U.S. Nuclear Regulatory wishes to participate as a party in the participate fully in the conduct of the Commission, Washington, D.C. 20555, proceeding must file a written petition hearing, including the opportunity to and to Mr. Charles M. Pratt, Assistant for leave to intervene. Request for a present evidence and cross-examine General Counsel, Power Authority of the hearing and petitions for leave to witnesses. State of New York, 10 Columbus Cirtile, intervene shall be filed in accordance If a hearing is requested, the with the Commission’s “Rules of Commission will make a final New York, New York 10019, attorney for Practice for Domestic Licensing determination on the issue of no the licensee. Proceedings” in 10 CFR Part 2. If a significant hazards consideration. The Nontimely filings of petitions for leave request for a hearing or petition for final determination will serve to decide to intervene, amended petitions, leave to intervene is filed by the above when the hearing is held. supplemental petitions and/or requests date, the Commission or an Atomic If the final determination is that the for hearing will not be entertained Safety and Licensing Board, designated amendment request involves no absent a determination by the by the Commission or by the Chairman significant hazardsfconsideration, the Commission, the presiding officer o r the of the Atomic Safety and Licensing Commission may issue the amendment Atomic Safety and Licensing Board Board Panel, will rule on the request and make it effective, notwithstanding designated to rule on the petition a n d / o r | and/or petition and the Secretary or the the request for a hearing. Any hearing request, that the petitioner has made a designated Atomic Safety and Licensing held would take place after issuance of substantial showing of good cause for Board will issue a notice of hearing or the amendment. the granting of a late petition and/or an appropriate order. If the final determination is that the request. That determination will be As required by 10 CFR 2.714, a amendment involves a significant based upon a balancing of the factors petition for leave to intervene shall set hazards consideration, any hearing held specified in 10 CFR 2.714(a)(l)(i)-(v) and forth with particularity the interest of would take place before the issuance of 2.714(d). the petitioner in the proceeding, and any amendment. For further details with respect to this how that interest may be affected by the Normally, the Commission will not action, see the application for results of the proceeding. The petition issue the amendment until the amendment, dated December 6,1984, as should specifically explain the reasons expiration of the 30-day notice period. supplemented January 10,1985, which is why intervention should be permitted However, should circumstances change available for public inspection at the with particular reference to the during the notice period such that failure Commission’s Public Document Room, following factors: (1) The nature of the to act in a timely way would result, for 1717 H Street, NW., Washington, D.C. petitioner’s right under the Act to be example, in derating or shutdown of the and at the Penfield Library, State made a party to the proceeding; (2) the facility, the Commission may issue the University College of Oswego, Oswego, nature and extent of the petitioner’s license amendment before the New York. Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 4931

Dated at Bethesda, Maryland, this 28th day Further information regarding topics Further information regarding topics of January, 1985. to be discussed, whether the meeting to be discussed, whether the meeting For the Nuclear Regulatory Commission. has been cancelled or rescheduled, the has been cancelled or rescheduled, the Domenic B. Vassallo, Chairman’s ruling on requests for the Chairman’s ruling on requests for the Chief Operating Reactors Branch N o. 2, opportunity to present oral statements opportunity to present oral statements Division o f Licensing. and the time allotted therefore can be and the time allotted therefor can be (FR Doc. 85-2825 Filed 2-1-85; 8:45 am] obtained by a prepaid telephone call to obtained by a prepaid telephone call to BILLING CODE 7590-01-M the cognizant ACRS staff member, Mr. the cognizant ACRS staff member, Mr. Paul Boehnert (telephone 202/634-3267) Alan B. Wang (telephone 202/634-3267) between 8:15 a.m. and 5:00 p.m., EST. between 8:15 a.m. and 5:00 p.m., EST. Advisory Committee on Reactor Persons planning to attend this meeting Persons planning to attend this meeting Safeguards, Subcommittee on are urged to contact the above named are urged to contact the above named Emergency Core Cooling Systems; individual one or two days before the individual one or two days before the Meeting scheduled meeting to be advised of any scheduled meeting to be advised of any changes in schedule, etc., which may The ACRS Subcommittee on changes in schedule, etc., which may have occurred. Emergency Core Cooling Systems will have occurred. hold a meeting on February 21,1985, Dated: January 29,1985 Dated: January 29,1985. Room 1046,1717 H Street, NW, Morton W. Li bark in, Morton W. Libarkin, Washington, DC. Assistant Executive Director for Project Assistant Executive Director for Project The meeting will be open to public Review . Review . attendance. [FR Doc. 85-2821 Filed 2-1-85; 8:45 am] [FR Doc. 85-2822 Filed 2-1-85; 8:45 am) The agenda for subject meeting shall BILLING CODE 7590-01-M BILUNG CODE 7590-01-M be as follows; Thursday, February 21,1985—8:30 a.m. Advisory Committee on Reactor until the conclusion of business Advisory Committee on Reactor Safeguards, Subcommittee on Class 9 Safeguards; Subcommittee on The Subcommittee will discuss the Accidents; Meeting Electrical Systems; Meeting status of the effort to revise Appendix K to 10 CFR 50.46, discuss the proposal by The ACRS Subcommittee on Class 9 The ACRS Subcommittee on Electrical Duke Power Company to delete the Accidents will hold a meeting on Systems will hold a meeting on February ECCS UHI system at the McGuire February 25,1985, Room 1046,1717 H 26,1985, Room 1046,1717 H Street, NW, nuclear plant; discuss the adequacy of Street, NW, Washington, DC. Washington, DC. fiberglass as insulation in nuclear power The entire meeting will be open to The entire meeting will be open to plants, specifically the effects on public attendance. public attendance. The agenda for subject meeting shall containment emergency sump The agenda for subject meeting shall be as follows: performance following an accident; be as follows: discuss the overall scope and direction Monday, February25,1985—8:30 a.m . of the joint NRC/B&W Owners Group/ until the conclusion o f business Tuesday, February 26,1985—8:30 a.m. until the conclusion o f business EPRI/B&W 1ST research program as The Subcommittee will discuss with well as related program efforts; and the NRC Staff the status of the NRC’s The Subcommittee will discuss plant discuss and miscellaneous topics. severe accident codes. experience with the loss of AC power Oral statements may be presented by Oral statements may be presented by and the status of NRC actions on U SIA - members of the public with concurrence members of the public with concurrence 44, “Station Blackout”. of the Subcommittee Chairman; written of the Subcommittee Chairman; written Oral statements may be presented by statements will be accepted and made statements will be accepted and made members of the public with concurrence available to the Committee. Recordings available to the Committee. Recordings of the Subcommittee Chairman; written will be permitted only during those will be permitted only during those statements will be accepted and made portions of the meeting when a portions of the meeting when a available to the Committee. Recordings transcript is being kept, and questions transcript is being kept, and questions will be permitted only during those may be asked only by members of the may be asked only by members of the portions of the meeting when a Subcommittee, its consultants, and Staff. Subcommittee, its consultants, and Staff. transcript is being kept, and questions Persons desiring to make oral Persons desiring to make oral may be asked only by members of the statements should notify the ACRS staff statements should notify the ACRS staff Subcommittee, its consultants, and Staff. member named below as far in advance member named below as far in advance Persons desiring to make oral in practicable so that appropriate as practicable so that appropriate statements should notify the ACRS staff arrangements can be made. arrangements can be made. member named below as far in advance During the initial portion of the During the initial portion of the as practicable so that appropriate meeting, the Subcommittee, along with meeting, the Subcommittee, along with arrangements can be made. any of its consultants who may be any of its consultants who may be During the initial portion of the present, may exchange preliminary present, may exchange preliminary meeting, the Subcommittee, along with views regarding matters to be views regarding matters to be any of its consultants who may be considered during the balance of the considered during the balance of the present, may exchange preliminary meeting. meeting. views regarding matters to be The Subcommittee will then hear The Subcommittee will then hear considered during the balance of the presentations by and hold discussions presentations by and hold discussions meeting. with representatives of the NRC Staff, with representatives of the NRC Staff, The Subcommittee will then hear . eir respective consultants, and other their respective consultants, and other presentations by and hold discussions interested persons regarding this review. interested persons regarding this review. with representatives of the NRC Staff, 4932 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices their respective consultants, and other Staffs and other interested persons may standards for Multinational interested persons regarding this review. also be invited to participate in these Corporations including reporting on Further information regarding topics discussions. proposals within the Organization for to be discussed, whether the meeting Further information regarding topics Economic Cooperation and has been cancelled or rescheduled, the to be discussed, whether the meeting Development to incorporate Chairman’s ruling on requests for the has been cancelled or rescheduled, the environmental standards into the opportunity to present oral statements Chairman’s ruling on requests for the Guidelines for Multinational Enterprises and the time allotted therefore can be opportunity to present oral statements and reviewing the background of the obtained by a prepaid telephone call to and the time allotted therefore can be U.S. vote on the United Nations General the cognizant ACRS staff member, Mr. obtained by a prepaid telephone call to Assembly resolution on hazardous Medhat M. El-Zeftawy (telephone 202/ the cognizant ACRS staff member, Mr. products; and (3) report developments 634-3267) between 8:15 a.m. and 5:00 Owen S. Merrill, (telephone 202/634- on the United Nations Code of Conduct p.m. EST. Persons planning to attend 1413) between 8:15 a.m. and 5:00 p.m., for Transnational Corporations. this meeting are urged to contact the EST. * Access to the State Department is above named individual one or two Persons planning to attend this controlled, Therefore, members of the days before the scheduled meeting to be meeting are urged to contact the above public wishing to attend the meeting advised of any changes in schedule, etc., named individual one or two days must contact the Office of Investment which may have occurred. before the scheduled meeting to be Affairs [(202) 632-2728] in order to Dated: January 29,1985. advised of any changes in schedule, etc., arrange admittance. Please use the “C" Morton W. Libarkin, which may have occurred. street entrance. Assistant Executive Director for Project Dated: January 30,1984. The Chairman of the Subcommittee Review . Morton W. Libarkin, will, as time permits, entertain [FR Doc. 2823 Filed 2-1-85; 8:45 am] Assistant Executive Director for Project comments from members of the public at BILLING CODE 7590-01-M Review . the meeting. [FR Doc. 85-2824 Filed 2-1-85; 8:45 am] Dated: January 28,1985. BILLING CODE 7590-01-M Advisory Committee on Reactor Walter B. Lockwood, Jr., Safeguards, Subcommittee on Waste Executive Secretary. Management; Meeting Monthly Notice; Applications and [FR Doc. 85-2787 Filed 2-1-85; 8:45 am] Amendments to Operating Licenses BILLING CODE 4710-07-M The ACRS Subcommittee on Waste Involving No Significant Hazards Management will hold a meeting on Considerations February 15 and 16,1985, in Room 1046, [Public Notice CM-8/804] 1717 H Street, NW, Washington, DC. C orrection Although the meeting will be primarily In FR Doc. 85-1627 beginning on page Study Group 7 of the U.S. Organization an Executive Session, it will be open to 3047 in the issue of Wednesday, January public attendance. International Radio Consultative 23,1985, make the following correction: Committee (CCIR); Meeting The agenda for the subject meeting On page 3064, third column, in the will be as follows: entry for “Rochester Gas and Electric The Department of State announces Friday, February 15,1985—8:30 a.m. Corporation”, fourteenth line, “10" •that Study Group 7 of the U.S. until the conclusion of business should have read “1". Organization for the International Radio Saturday, February 16,1985—8:30 a.m. BILUNG CODE 1505-01-M Consultative Committee (CCIR) will until the conclusion of business meet on February 28,1985 at the U.S. The Subcommittee will review: (1) Naval Observatory, Room 300, Building The Department of Energy’s “Final DEPARTMENT OF STATE 52, 34th and Massachusetts Avenue, Mission Plan for the Civilian NW., Washington, D.C. The meeting will [Public Notice CM-8/802] Radioactive Waste Management begin at 9:30 a.m. Program’’; and (2) NRC review plans and Advisory Committee on International Study Group 7 deals with time-signal generic technical positions not Investment, Technology and services by means of previously reviewed. Development; Meeting radiocommunications. The purpose of Oral statements may be presented by the meeting is to review preparations for members of the public with concurrence The Department of State will hold a the international meeting of Study of the Subcommittee Chairman; written meeting of the Subcommittee on Group 7 in October 1985. statements will be accepted and made Multilateral Affairs of the Advisory Members of the general public may available to the Committee. Recordings Committee on International Investment, will be permitted only during those attend the meeting and join in the Technology, and Development on discussions subject to the instructions of portions of the meeting when a Thursday, February 21,1985 from 2:00 transcript is being kept, and questions the Chairman. Requests for further p.m. to 4:00 p.m. in Room 1912 of the information should be directed to Mr. may be asked only by members of the Department of State, 2201 “C" St., NW., Richard Shrum, State Department, Subcommittee, its consultants, and Staff. Washington, D.C. 20520. The meeting Washington, D.C. 20520 (telephone (202) Persons desiring to make oral will be open to the public. 632-2592). statements should notify the ACRS staff The purpose of the meeting will be to member named below as far in advance (1) report on the results of negotiations Dated: January 22,1985. as practicable so that appropriate on the United Nations’ Draft Guidelines Richard E. Shrum, arrangements can be made. for Consumer Protection and to hear Chairman, U.S. CCIR National Committee. • The Subcommittee and its consultants comments on the proposed Guidelines will discuss the subject topics; from those attending; (2) discuss the [FR Doc. 85-2789 Filed 2-1-85; 8:45 am] representatives of the NPC and DOE issue of multilateral environmental BILLING CODE 4710-07-M Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 4933

[Public Notice C M -8 /8Q 5 ] Study Group A deals with U.S. arrangements are made in advance of Government aspects of international the meeting. It is therefore suggested Integrated Services Digital Network telegram and telephone operations and that prior to the meeting, persons who (ISDN) Joint Working Party and Study tariffs. The Study Group will discuss plan to attend, so advise the office of Group C of the U.S. Organization for international telecommunications Mr. Richard Shram, Department of State, the International Telegraph and questions relating to telephone, Telephone Consultative Committee Washington, D.C.; telephone (202) 632- telegraph, telex, new record services, (CCITT); Meeting 2592. All attendees must use the C Street data transmission and leased channel entrance to the building. The Department of State announces services in order to develop U.S. Dated: January 25,1985. positions to be taken at upcoming that the ISDN Joint Working Party and Richard E. Shrum, Study Group C of the U.S. Organization international meetings of CCITT Study Chairman, U.S. CCIR National Committee. for the International Telegraph and Group III (May 7-10) and Study Group I Telephone Consultative Committee (May 9-17,1985) in Geneva. [FR Doc. 85-2792 Filed 2-1-85; 8:45 am] (CCITT) will meet on March 12,1985 in Members of the general public may BILLING CODE 4710-07-M Room, 1207* Department of State, 2201 C attend the meeting and join in the Street, NW., Washington, D.C. The discussion subject to the instructions of [Public Notice CM-8/808] meeting will begin at 9:30 a.m. the Chairman. Admittance of public Advisory Committee on International The agenda for the meeting in as members will be limited to the seating investment, Technology and follows: available. In that regard, entrance to the Development; Closed Meeting 1. Report of the interregnum meeting Department of State building is of international CCITT Study Group controlled. All persons wishing to attend The Department of State will hold a XVIII ISDN Group of Experts, London, the meeting should contact the office of meeting of the Subcommittee on January 21-25,1985; Earl Barbely, Department of State, International Investment of the 2. Consideration of delayed Washington, D.C.; telephone (202) 632- Advisory Committee on International contributions to the meeting of 3405. All attendees must use the C Street Investment, Technology and international CCITT Study Group -XI, entrance to the building. Development on Wednedsay, February March 18-29,1985; Dated: January 24,1985. 20,1985 from 10:00 a.m. to 12:00 noon in 3. Consideration of regular Earl S. Barbely, room 1912 of the Department of State, contributions to the meeting of 2201 “C” St., NW., Washington, D.C., Chairman, U.S. C C ITT National Committee. international CCITT Study Group XVIII, 20520. June 17-27,1985; [FR Doc. 85-2791 Filed 2-1-85; 8:45 am] This meeting will be closed to the 4. Any other business. BILUNG CODE 4710-07-M public, pursuant to Section 10(d) of the Members of the general public may Federal Advisory Committe Act 5 U.S.C. attend the meeting and join in the [Public Notice CM-8/807] Appendix 10(d) and 5 U.S.C. 552(C)(9)(B) discussion, subject to the instructions of because the Subcommittee will discuss the Chairman. Admittance of public Study Group 1 of the U.S. Organization the status of on-going diplomatic members will be limited to the seating for the international Radio negotiations, premature disclosure of available. In that regard, entrance to the Consultative Committee (CCIR); which could adversely affect U.S. Department of State building is Meeting interests. controlled and entry will be facilitated Dated: January 24,1985. in arrangements are made in advance of The Department of State announces Walter B. Lockwood, Jr., the meeting. It is therefore suggested that Study Group 1 of the U.S. that prior to the meeting, persons who Organization for the International Radio Executive Secretary. plan to attend, so advise the office of Consultative Committee (CCIR) will [FR Doc. 85-2793 Filed 2-1-85; 8:45 amf Mr. Earl Barbely, State Department, meet on March 28,1985 at 9:30 a.m. in BILLING CODE 4710-07-M Washington, D.C.; telephone (202) 632- Room 1207, Department of State, 2201 C 3405. All attendees must use the C Street Street, NW., Washington, D.C. entrance to the building. Study Group 1 deals with matters DEPARTMENT OF TRANSPORTATION relating to efficient use of the radio Dated: January 23,1985. frequency spectrum, and in particular, Research and Special Programs Earl S. Barbely, with problems of frequency sharing, Administration Chairman, U.S. C C ITT National Committee. taking into account the attainable National Hazardous Materials (FR Doc. 85-2790 Filed 2-1-85; 8:45 am] characteristics of radio equipment and Transportation Advisory Committee; BILLING CODE 4710-07-M systems; principles for classifying Public Meeting emissions; and the measurement of [Public Notice CM-8/806] emission characteristics and spectrum Pursuant to section 10(a)(2) of the occupancy. The purpose of the meeting Federal Advisory Committee Act (Pub. Study Group A of the U.S. Organization is to review progress to date in the L. 92-463, 5 U.S.C. App. 1), notice is tor the international Telegraph and preparations for the meeting of hereby given of the first meeting of the Telephone Consultative Committee international Study Group 1 November National Hazardous Materials (CCITT); Meeting 4-15,1985. Transportation Advisory Committee Members of the general public may (NHMTAC) on February 19 and 20,1985, *^le Department of State announces attend the meeting and join in the at 9:00 a.m. in Room 2230, Nassif that Study Group A of the U.S. discussion, subject to the instructions of Building, 400 Seventh Street, SW., Organization for the International the Chairman. Admittance of public * Washington, D.C. 20590. Telegraph and Telephone Consultative members will be limited to the seating The purpose of the meeting is to Committee (CCITT) will meet on March available. In that regard, entrance to the solicit advice from the Committee on the 20,1985 at 2201 C Street, NW., Department of State building is appropriate industry, Federal, State, and Washington, D.C. controlled and entry will be facilitated if local government roles and relationships 4934 Federal Register / Voi 50, No. 23 / Monday, February 4, 1985 / Notices

in the field of hazardous materials followed in submitting comments for the alternate routes are three involving transportation emergency preparedness. record. This conference was requested water transport from Long Island to Following is the proposed agenda for by the State of Connecticut and is Connecticut. the meeting: authorized under the procedural Because Connecticut would be 1. Overview briefing of the Committee regulations governing processing of directly affected by Departmental on the Department of Transportation’s applications for non-preemption issuance of the determination requested hazardous materials transportation determination (49 CFR 107.219(a)). In by New York City, the Attorney General responsibilities. order to provide attendees with for the State of Connecticut requested 2. Briefing on the Department’s current sufficient time to prepare and submit that the Department hold a public activities in hazardous materials comments, the deadline for their hearing in that state. While the transportation area. submission is hereby extended from procedural regulations governing the 3. Briefing on the Department’s March 4 to April 15,1985. processing of applications for non­ emergency preparedness role and DATES: The Conference will take place preemption determinations do not responsibility. on Thursday, February 14,1985; (9:30- require the Department to hold public 4. Discussion of appropriate industry 11:00 a.m.). The comment period is hearings, they authorize the Department and government emergency extended to April 15,1985. to convene either a hearing or a preparedness roles and responsibilities. a d d r e s s : The Conference will be held conference (49 CFR 107.219(a)). Upon Attendance is open to the public but at the Connecticut Department of limited to the space available. Members consideration of the Attorney General’s Transportation Training Division, 2710 request that the state of Connecticut be of the public may present written Berlin Turnpike, Newington, CT 06111. statements to the Committee before or given an opportunity to present relevant after any meeting of the Committee. Note.—Seating capacity is limited. testimony and evidence in connection Jurisdictions and interested organizations Such statements should be sent to: with New City’s application, the are, therefore, requested to limit the number Department concluded that this National Hazardous Materials of attendees representing them. Transportation Advisory Committee, objective could be realized most ATTN: Ms. Cecy Ivie, Materials FOR FURTHER INFORMATION CONTACT: effectively through the use of a Transporation Bureau (DMT-60), Room Elaine Economides, Office of Chief conference in the form of a briefing. Counsel, Research and Special Programs 8432, Nassif Building, 400 Seventh This administrative proceeding, Street, S.W., Washington, D.C. 20590. Administration, 400 Seventh Street, S.W., Washington, DC 20590, (Tel: 202/ docket no. NPDA-2 involves both Dated: December 9,1985. 755-4972). significant legal issues concerning the Sherwood C. Chu, Federal-state relationship and very SUPPLEMENTARY INFORMATION: On Associate Director for Regulatory Planning January 16,1985, the Materials technical questions of fact involving and Analysis, Material Transportation Transportation Bureau (MTB) published route selection, risk analysis and Bureau. a notice and invitation to comment (50 operational safety. Because it is in the [FR Doc. 85-2760 Filed 2-1-85; 8:45 am] FR 2528) on New York City’s application interests of all parties that the BILLING CODE 4910-60-M for a non-preemption determination Department’s decision, and the record concerning its ban on the highway on which it relies, be based on relevant [Docket No. NPDA-2] transportation of spent nuclear fuel, a facts and a reasoned analysis thereof, local restriction which is inconsistent the Department has decided to convene City of New York; Application for Non- with, and therefore preempted by, the a conference in the form of a briefing on: Preemption Determination; Notice of Hazardous Materials Transportation The history of this proceeding; the Conference and Extension of Act (HMTA). Pursuant to section 112(b) substantive and procedural regulations Comment Period of the HMTA (49 U.S.C. 1811(b)) the City involved; the nature, intent and effect of seeks an administrative determination the City’s application; and the specific a g e n c y : Research and Special Programs by the MTB that its inconsistent issues which the Department must Administration, Materials requirement is not preempted because it resolve in this proceeding. Transportation Bureau (MTB), DOT. meets the statutory criteria of providing The purpose of this conference is to a c t i o n : Notice of conference and an equivalent level of safety as provide prospective commenters with extension of comment period. compared with the Federal rule and the substantive and procedural imposing no unreasonable burden on information necessary to enable them to s u m m a r y : This notice sets forth the commerce. In its application, the City schedule and proposed agenda of a has presented technical analyses and submit for the record written comments forthcoming conference in the form of a legal arguments to support its assertion which will assist the Department in briefing for state and local officials in that its inconsistent regulation satisfies reaching a decision of the specific issues Connecticut a3 well as other interested the above-described statutory criteria involved. The conference will not parties who wish to submit written for waiver of preemption. A key element include any discussion of the merits of comments regarding New York City’s of the City’s application is its assertion the application, nor will opinion request for a non-preemption that spent nuclear fuel may be testimony be entertained. determination. The purpose of this transported from Long Island to Idaho The conference is open to the public. conference is to provide attendees with without going through New York City There is no registration fee to attend. It factual presentation of the history of this because alternate routes exist which will begin at 9:30 a.m. on Thursday, proceeding, the technical factual provide an equal or greater level of February 14,1985, at the Connecticut questions involved, the legal issues to be safety without unreasonably burdening Department of Transportation Training addressed, and the procedures to be commerce. Included among these Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Notices 4935

Division 2710 Berlin Turnpike, Newington, CT 06111. As published in the Federal Register notice of January 16,1985 (50 FR 2528) the public comment period on docket no. NPDA-2 was scheduled to end on March 4,1985. In order to provide attendees with sufficient time to prepare and submit written comments, the Department hereby extends the deadline for public comment on docket no. NPDA-2 to April 5,1985. Issued in Washington, D.C., on January 30, 1985. Alan I. Roberts, Associate Director for Hazardous Materials Regulation, Materials Transportation Bureau. [FR Doc. 85-2830 Filed 2-1-85; 8:45 am] BILLING CODE 4910-60-M 4936

Sunshine Act Meetings Federal Register Vol. 50, No. 23 Monday, February 4, 1985

This section of the FEDERAL REGISTER PERSON TO CONTACT FOR INFORMATION: FURTHER MATTERS TO BE CONSIDERED: contains notices of meetings published Mr. Fred Eiland, Information Officer, (Open to the Public 10 a.m.). under the “Government in the Sunshine 202-523-4065. Act” (Pub. L. 94-409) 5 U.S.C. 552b(e)(3). 1. Approval of the Minutes of the Previous Marjorie W . Emmons, Meeting. Secretary of the Commission. 2. Confirmation of Scheduled Board Meetings. CONTENTS [FR Doc. 85-2883 Filed 1-31-85; 3:51 pm] 3. Increase of Direct Investment Fund for BILLING CODE 6715-01-M Item FY 1985. African Development Foundation...... 1 4. Financial Statements as of December 31, Federal Election Commission...... 2 3 1984 and for the First Quarter of 1985. Neighborhood Reinvestment Corpora­ 5. Information Reports. NEIGHBORHOOD REINVESTMENT tion ...... -...... 3 CONTACT PERSON FOR INFORMATION: CORPORATION Overseas Private Investment Corpora­ Information with regard to this meeting tion ...... 4 TIME AND DATE: 2:00 p.m., Wednesday, may be obtained from the Secretary of Securities and Exchange Commission. 5 February 6,1985. the Corporation at (202) 653-2925. PLACE: Neighborhood Reinvestment 1 Elizabeth A. Burton, Corporation, 1850 K Street NW., Suite O PIC Corporate Secretary. AFRICAN DEVELOPMENT FOUNDATION 400, Washington, D.C. 20006. January 30,1985. TIME: 10:00 p.m. STATUS: Open Meeting. [FR Doc. 85-2845 Filed 1-31-85; 12:42 am] CONTACT PERSON FOR MORE PLACE: African Development BILLING CODE 3210-01-M Foundation. INFORMATION: Timothy S. McCarthy, DATE: Friday, 15 February 1985. Associate Director, Communications, 202-653-2705. 5 STATUS: Open. a g e n d a : SECURITIES AND EXCHANGE COMMISSION MATTERS TO BE CONSIDERED: I. Call to Order and Remarks of the Chairman FEDERAL REGISTER CITATION OF 1. Chairman’s Report II. Approval of Minutes, November 14,1984 PREVIOUS ANNOUNCEMENT: (50 FR 3867 2. President’s Report III. Executive Director’s Report 1/28/85). 3. Advisory Council Report—Arterbery/ IV. Audit Committee Report STATUS: Closed meeting. Robinson V. Treasurer’s Report 4. External Committee Report—Mr. A.C. VI. Budget Committee PLACE: 450 Fifth Street, NW., Arterbery VII. Personnel Committee Report Washington, D.C. 5. Program Committee Report—Dr. Patsy DATE PREVIOUSLY ANNOUNCED: Blackshear No. 35, January 29,1985. 6. Other Business Carol J. McCabe, Wednesday, January 23,1985. Secretary. CHANGE IN THE MEETING: Additional CONTACT PERSON FOR MORE [FR Doc. 85-2819 Filed 1-30-85; 4:27 pm] items. information : Ms. Marge Cook (634- The following items were considered BILLING CODE 75 7 0 -0 1-M 9853). at a closed meeting scheduled for Leonard H. Robinson, Jr., Tuesday, January 29,1985, at 10:00 a.m. President. 4 Institution of injunctive action. ADF Agency Number 11010006 OVERSEAS PRIVATE INVESTMENT Settlement of injunctive action. ADF BOAC Number 953901 CORPORATION Withdraw enforcement action. [FR Doc. 85-2832 Filed 1-31-85; 10:58 am] TIME AND d a t e : 9 a.m. (closed portion). Commissioners Treadway, Cox, BILLING CODE 6116-01-M 10 a.m. (open portion). Tuesday, Peters and Marinaccio determined that February 12,1985. Commission business required the 2 PLACE: Offices of the Corporation, above changes and that no earlier notice seventh floor Board Room; 1129 20th thereof was possible. FEDERAL ELECTION COMMISSION Street NW., Washington, D.C. AT TIMES CHANGES IN COMMISSION DATE & t im e : Thursday, February 7, MATTERS TO BE CONSIDERED: (Closed to PRIORITIES REQUIRE ALTERATIONS IN THE 1985,10:00 a.m. the public 9 a.m. to 10 a.m.). SCHEDULING OF MEETING ITEMS. FOR p l a c e : 1325 K Street, NW., Washington, 1. Insurance Project in Middle Eastern FURTHER INFORMATION AND TO D.C. (Fifth Floor). Country. ASCERTAIN WHAT, IF ANY, MATTERS HAVE STATUS: This meeting will be open to the 2. Insurance Project in Middle Eastern BEEN ADDED, DELETED OR POSTPONED, public. Country. p l e a s e c o n t a c t : Steve Molinari at (202) MATTERS TO BE CONSIDERED: 3. Determination of Countries and Areas 272-2467. Qualifying as Developing Countries and John Wheeler, Setting of dates of future meetings Areas for OPIC Programs. Correction and approval of minutes 4. Policy-Guidelines: Review. Secretary. Eligibility for candidates to receive 5. Claims Report. January 30,1985. Presidential primary matching funds 6. Information Report: Finance. Suggested improvements in the MUR process 7. Information Reports: General. [FR Doc. 85-2884 Filed 1-31-85; 8:45 am] Routine administrative matters 8. China Projects: Status Report. BILLING CODE 8010-01-M Monday February 4, 1984

Part II

Department of the Interior______

Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Removal of the Brown Pelican in the Southeastern United States From the List of Endangered and Threatened Wildlife; Final Rule 4938 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations

DEPARTMENT OF THE INTERIOR States, large numbers of brown pelicans Louisiana and Texas coasts, only the historically nested on small coastal brown pelican was known to suffer so Fish and Wildlife Service islands in Texas, Louisiana, Florida, and severely. In the late 1950’s, there was no 50 CFR Part 17 South Carolina; some nesting also adequate explanation for this population occurred in North Carolina and possibly crash, but the severity and suddenness Endangered and Threatened Wildlife Georgia. There are no verified reports of of the decline, which affected all age and Plants; Removal of the Brown nesting in Mississippi or States north of groups, suggested to biologists in the Pelican in the Southeastern United North Carolina. In 1983, several pairs of mid-1960’s the involvement of an States From the List of Endangered pelicans were discovered nesting on a extremely toxic agent. Subsequent and Threatened Wildlife spoil island in Mobile Bay, Alabama. research has implicated the This was the first substantiated nesting organochlorine pesticide endrin as the AGENCY: Fish and Wildlife Service, record for pelicans in that State. The probable causative substance (Blus, Interior. brown pelican regularly occurs as far Cromartie, et al., 1979). ACTION: Final rule. north as the mouth of the Chesapeake Around the same time (late 1960’s, Bay, although numbers and timing early 1970’s), brown pelican populations s u m m a r y : The Service removes from the (usually late summer) are dependent in South Carolina showed some List of Endangered and Threatened largely upon water temperatures and Wildlife the brown pelican [Pelecanus evidence of decreased reproduction, prey availability. In some years, post­ resulting primarily from eggshell occidentalis) in Alabama, Florida, breeding movements extend as far north thinning (Blus, Cromartie, 1979). Georgia, South Carolina, North Carolina, et al., as New Jersey. This decrease in reproduction was and points northward along the Atlantic Islands chosen as colony sites are coast. The brown pelican remains similar to, although less severe than, the generally 5 acres or less in size, and of concomitant situation in California, endangered throughout the remainder of very recent origifi, being mangrove where thin-shelled eggs and other its range, which includes Mississippi, islands, natural sand spits, or dredge complications had resulted in a Louisiana, Texas, California, Mexico, spoil sites. Elevation of these islands is complete reproductive failure of brown Central and South America, and the essentially at or only a few feet above pelicans in the 1960’s (Anderson and West Indies. This change in status is sea level. The dune islands in particular Hickey, 1970). This impairment of based on evidence that the pelican is at are subject to erosion and flooding by reproduction has been attributed or above historical breeding levels and storm and spring tides, and they are primarily to the organochlorine pesticide has stable population numbers and constantly shifting position. DDT and its principal metabolite DDE. productivity. The species no longer fits In Florida, most brown pelicans nest These substances, which are not easily the definition of “endangered” or 2-25 feet above the high tide line on broken down, accumula te in the tissues “threatened” in the southeastern States. islands of black mangroves (occurs statewide) and red mangroves (on the of species at the top of the foodchain, DATE: The effective date of this rule is such as the brown pelican. DDE March 6,1985. west coast). Brown pelicans have also been observed nesting in white interferes with calcium deposition ADDRESS: The complete file for this rule during shell formation, resulting in the is available for inspection, by mangroves, and to a lesser extent, in other trees and shrubs, including production of thin-shelled eggs that are appointment, during normal business easily crushed during incubation hours at the U.S. Fish and Wildlife Australian pine, red cedar, live oak, redbay, and seagrape. (Peakall, 1975). Service, Endangered Species Field In summary, organochlorine pesticide Station, Jackson Mall Office Center, 300 In North and South Carolina, pelicans nest almost without exception on low pollution apparently contributed to the Woodrow Wilson Avenue, Suite 316, endangerment of the brown pelican via Jackson, Mississippi 39213. sand islands of natural or artificial origin. Nesting is concentrated on the two mechanisms—direct toxicity FOR FURTHER INFORMATION highest portion of these islands (rarely (affects all age classes) and impaired CONTACT: I. Mr. John Christian, more than 6 feet above mean high tide), reproduction (reduces recruitment into Assistant Regional Director, U.S. Fish which are often characterized by a the population). As a result of the and Wildlife Service, 75 Spring Street, panicgrass-cordgrass association. observed population declines, the threat Atlanta, Georgia 30303 (404/221-3588 or Nesting also occurs in seashore of further declines from probably FTS 242-3588). saltgrass, pigweed, and other increasingly contaminated food SUPPLEMENTARY INFORMATION: characteristic beach and dune species. supplies, and the uncertain population status of the species in other areas Background The elevation of the area appears to be a more essential feature governing nest where contamination was expected, the The brown pelican is one of two site selection than the specific brown pelican was listed as endangered species of pelican in North America; the vegetation present, although the two throughout its U.S. range on October 13, other is the white pelican [Pelecanus factors are in many cases related. The 1970 (35 F R 16047), and in its foreign erythrorhynchos). The brown pelican recently discovered nesting pelicans in range on June 2,1970 (35 FR 8495). weighs up to 8 pounds and may have a Alabama have been utilizing driftwood Since the time of listing, the wingspan of 7 feet. It feeds almost and other debris on a dredge spoil Environmental Protection Agency has entirely on fishes captured by plunge island. placed a ban on the use of DDT in the diving in coastal waters. The brown Between 1957 and 1961, the brown United States (37 FR 13369-13376, July 7, pelican is rarely found away from salt pelican disappeared as a nesting species 1972) and has sharply curtailed the use water and does not normally venture on the Louisiana coast and became of endrin. As a result, the environmental more than 20 miles out to sea. nearly extirpated on the Texas coast. residue levels of these persistent This rule addresses a particular Prior to this decline, the brown pelican compounds have steadily decreased in population of the brown pelican: population in these two States may have most areas. There has also been a- Alabama, Florida, South Carolina, North numbered about 50,000 individuals (King corresponding increase in the'eggshell Carolina, and northward along the et al., 1977). Of the several species of thickness and reproductive-success of Atlantic coast. In the eastern United coastal breeding birds along the • brown pelicans as well as of many other Federal Register / VoL 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations 4939

avian predators, including bald eagles 3-6,000 pairs. North Carolina ranged Brown Pelican Recovery Team (U.S. and peregrine falcons. Pesticide residue from none to perhaps a hundred pairs Fish and Wildlife Service, 1980) levels in brown pelican eggs in the area historically. A small colony sporadically recommended that the pelican be affected by this rule have steadily was seen in Georgia and usually had a removed from die List of Endangered decreased since they were first few hundred birds, if any. Prior to 1983, and Threatened Wildlife in the portions measured in 1969 (Blus, Cromartie, e t a t, no nesting pelicans were known from of its range covered by this rule. The 1979; Blus, Lament, and Neely, 1979; Alabama (see above) and Mississippi team had suggested the pelican be Schreiber, 1980). (still no records). Historically, about 10- delisted on the Gulf Coast from the The historic population levels of the 15,000 pairs of birds nested in Louisiana Louisiana-Mississippi border eastward eastern brown pelican are based on and 1,500-4,000 in Texas. and on the entire Atlantic Coast The observations made as far back as the Service has selected the Alabama- Breeding population censuses of the early 1800’s (Audubon in Florida) to the Mississippi border as the boundary for eastern brown pelican, conducted early part of this century. The best this action. This will ensure continued estimate of the number of pairs of annually since the late 1960’s, now protection for the pelieans from pelicans nesting in Florida before 1900 is indicate stable or increasing breeding Louisiana, if they feed or loaf in 6-9,000 pairs, The best estimate for populations in many areas, as indicated Mississippi waters. South Carolina's historic population is in the table below: Before addressing specific comments on the proposed rule, it should be noted Number of Brown Pelican Nests Counted that in taking this action, the Service is by no means divesting itself of any Year Florida South North Carolina Carolina : Louisiana1 Texas Total* future concern for the brown pelican from Alabama eastward and northward; 1968...... 6,936 NS NS o 2 Within its planning and budgeting 1969 ...... , 6,133 1,266 NS 0 5 1970 . •• ' 7,690 1 116 NS 0 process, the Service has ranked the 1971...... 5,923 1,469 NS 11* 3 brown pelican as a National Species of 1972...... il. , 7^990 1,415 NS 23 1973...... 6,010 1,646 NS Special Emphasis. Every region within 1974...... 6,090 1,670 NS 90 7 the Service in which the brown pelican 1975...... 5,950 2,400 NS 118 1976...... 1 1 1 • 5*491 2^540 75 63 i t 8,106 occurs in significant numbers has 1977...... 6,532 3,376 82 83 17 9,090 prepared a Regional Resource Planning 1978...... 7,780 3,353 172 140 25 11,305 1979______8,942 4,236 426 196 37 13,604 Document (RRP) that specifically 1980..._...... 8,095 5,346 425 174 51 13,866 addresses the needs of the brown 1981...... 8 125 pelican in that region. The RRFs are to 1982...... „ 8,546 6,653 600+ 33t 96 15,800+ 1983...... 6,980 4,919 1,250 602 96 13,149 be used by the Service both in short­ 1984______NS 5,070 NS 70S 115 NA term and long-term planning of funding 'Birds transplanted from Florida 1968-1980 and that offsprings. allocations. Total cowers only Florida and Carolmas (LA and TX not affected by this rule); The RRP for the brown pelican in the Note.— NS— Not surveyed adequately. NA— Not available. area affected by this rule emphasizes the desirability for continued monitoring In Florida, over the past 16 years, would in more centrally-located of breeding populations and pesticide brown pelicans have nested on a total of breeding areas. The fact that some levels, protection and management of 46 colony sites located throughout the North Carolina brown pelicans nest on nesting habitat, and further efforts State’s coastal areas. The westernmost recently-created dredge spoil islands toward research and public education known breeding site in the State is near may also have contributed to the birds’ regarding this species. The Atlanta Panama City. increase in the State. Brown pelicans Regional Office of the Service is In contrast to the situation in Florida, currently use three to seven colony sites coordinating the development and South Carolina brown pelicans breed on in two disjunct North Carolina coastal implementation of necessary monitoring, only two sites. The average number of areas. protection, and research efforts. Copies nests is currently (1980-84) at, or above, The 1983 and 1984 breeding of the RRP document for the area the reported historical level of 5,000. population expansion in Alabama is covered by this rule are available The decline in the number of nests considered further evidence of the through the U.S. Fish and Wildlife counted in Florida and South Carolina in healthy state of this pelican population. Service, Regional Office, Region 4, 1983 is believed due to an unusually late In 1983 there were four nests and in 1984 Richard B. Russel) Federal Building, 75 nesting season in Florida and the partial there were eight. Spring Street, SW, Atlanta, Georgia loss of one of the two sites in South In the Federal Register of November 30303. Carolina (to be discussed further below). 10,1983 (48 FR 51736-51741), the Service Summary of Comments and The 1984 data are incomplete, bul the proposed to remove this population Recommendations Service believes they show a slight segment of the brown pelican from the increase over 1983. Such fluctuations in List of Endangered and Threatened In the November 10,1983, proposed annual numbers are to be expected. Wildlife. In the area affected by this rule (48 FR 51736) and associated The explosive increase of brown rule, pelican nesting populations are notifications, all interested parties were pelicans in North Carolina may be presently at or above known historical requested to submit factual reports or related, in part, to the expansion of the levels. Furthermore, over the past 6-8 information that might contribute to the South Carolina colonies, but cannot years, the average current fledgling rate development of a final rule. Appropriate otherwise be explained fully. North has remained greater than or equal to State, agencies, county governments. Carolina is at the northern periphery of the level of 1.0 young per nest Federal agencies, scientific the brown pelican’s bieeding range and, considered necessary to maintain a organizations and other interested as such, the colonies may be expected to stable population over the past 6-8 parties were contacted and requested to hietuate more dramatically than they years. Based on these data, the Eastern comment. Newspaper notices inviting 4940 Federal Register / Vol. 50, No, 23 / Monday, February 4, 1985 / Rules and Regulations

public comment were published in 15 the North Carolina pelicans. The States human-related factors do not cause major and local papers throughout the of North and South Carolina may significant adverse problems. area affected by the rule. exercise the option of retaining the Along these same lines, several A total of 47 comments were received pelican as endangered (or threatened) commenters, including the Florida and are discussed below. Comments on their respective State lists. This Audubon Society and officials of Dade were received from the following would focus concern for the pelican at a County, Florida, mentioned that pelican sources: State wildlife agencies, local more accurate level and should provide populations in certain areas of Florida, governments, national conservation adequate impetus for continued particularly the southwest coast and the groups and zoological societies, seabird monitoring and/or habitat restoration Everglades, have shown a downward hospitals, professional biologists, and work, as necessary. Some of this work trend for a number of years. These other private citizens. Additionally, a may also be funded through the trends are most likely associated with petition with 281 signatures advocating Service’s RRP process, as described changes in the distribution patterns of reclassification to theatened status was above. Habitat has not been a limiting fish species upon which the pelicans received from John’s Pass Seafood factor regarding the continued existence feed and do not constitute threats to the Company, Treasure Island, Florida. of the pelican. Shifting islands or The North Carolina Wildlife species’ continued existence. There are breeding sites are frequent elements of no downward trends in pelican Resources Commission favored a the pelican’s ecology. Other aspects of reclassification to threatened status but population numbers for the State of the above concerns are addressed Florida as a whole, and there is no opposed total delisting on the grounds below. evidence that the above-mentioned that since pelicans breeding in North * Four commenters, including one population declines are associated with Carolina are concentrated in only two seabird biologist, and the Town of thinned eggshells or other indications of areas, they are still susceptible to Holden Beach, North Carolina, pesticide-induced reproductive failure. decimation from flooding, erosion, and cautioned that we have no adequate One commenter noted that the winter mortality. Thé commission also explanation for the dramatic upswing of decrease in Florida nesting pelican alluded to the potential future threat of pelican numbers in North Carolina and increased pesticide runoff associated that this population could crash just as numbers of between 20 and 25 percent with the massive agriculture land rapidly as it has risen. For this reason, from 1979 to 1983 belied our contention conversions scheduled for the Dare/ they favored a reclassification to that this population was stable. Hyde/Tyrrell County peninsula. On threatened status. The Service agrees However, an examination of previous March 15,1984,120,000 acres of the land that the recent pelican increase in North years’ data reveals that fluctuation in in question were donated to the Fish Carolina is without known precedent nesting numbers appears to be the norm and Wildlife Service as a part of the and cannot be fully explained. However, for the Florida population; year-to-year National Wildlife Refuge system. There we do not agree that this is adequate upward fluctuations of as much as 35 are no known pesticides presently being justification for retaining the brown percent have occurred, as have used in the range of the brown pelican pelican in threatened status. As stated downward fluctuations of nearly 25 in the southeastern U.S. that appear to elsewhere in this rule, P. occidentalis percent. This may be partially attributed pose any threat to the existence of the reaches the northern periphery of its to the time that surveys were conducted, North Carolina birds or the remainder of breeding range in North Carolina. given natural variation in peak nesting this population. Unexplained increases or decreases time, as well as to “real” fluctuations in The South Carolina Wildlife and may be expected to occur towards the breeding conditions. Such variations in Marine Resources Department indicated periphery of any animal’s range, as the counts are eventually dampened by that pelicans in South Carolina have environmentally favorable conditions repeated observations. The 16-year nested on only two coastal islands; wax and wane over time. Therefore, a mean number of brown pelican nests in three quarters of one of these was lost decrease in pelican breeding numbers in Florida is 7076. The Service believes due to erosion in the winter of Î982, and North Carolina, which could be that these data are adequate to conclude reproduction in 1983 was reduced (see attributed, for example, to inclement that Florida nesting pelican numbers section on destruction of habitat below). weather or loss of habitat, would not may indeed be considered stable, It was the opinion of this agency, as well necessarily be of adverse consequence fluctuating around 7000 nesting pairs. as several other commenters, that * to the population as a whole. Six individual commenters indicated continued listed status would increase Similarly, several individual that pelicans should remain threatened the likelihood of continued monitoring commenters expressed concern over the as a precautionary measure, until more and cooperation among various State effects of natural phenomena such as data become available. The opinion was and Federal agencies. severe storms and fluctuations in food expressed that it seems illogical to jump None of these comments contained supply. The Service believes that while from endangered to delisted status information that had not already been the pelican, as well as many other without an intermediate period under evaluated in the Service’s original organisms, might be negatively impacted threatened classification. As stated formulation of the proposed rule. The by such factors, these natural above* the brown pelican was originally Service is mandated to make phenomena provided the evolutionary listed as endangered throughout its determinations regarding endangered backdrop in which the species evolved range, based on the species' known species solely on the basis of the best (see section on natural factors below) problems in California, Louisiana, and available biological information. This and cannot be taken as serious threats Texas and its expected threat from the information indicates that the eastern to the brown pelican’s continued same source (DDT) throughout the brown pelican has achieved or existence. This bird has survived many remainder of its range. In addition, the surpassed historical levels of some tens of thousands of years of hurricanes, earlier laws (pre-1973) allowed for only 14,000-18,000 breeding adults in Florida high tides, freezes, warming and cooling a single level of listing: endangered. and 10,000 in the Carolinas, the area periods, and other natural factors and Population data gathered since listing affected by this action. The recent Dare/ Can be expected to cope with these have questioned the likelihood that the Hyde/Tyrrell County peninsula land same factors in the future, provided pelican population in Florida was ever acquisition further ensures the safety of environmental contamination and other endangered, as defined by the Act, and Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations 4941 this designation was also questionable some of these funds may be determined to be an endangered or for the pelican in South Carolina. These appropriately re-allocated to the study threatened species (or reclassified) due data were not in existence at the time of and protection of listed species. The to one or more of the five factors listing, and the most prudent course of State of Florida has already recognized described in section 4(a)(1) and at action, based on the best available data the low priority of the brown pelican as § 424.11 of this title. at that time, was to list the entire an endangered species and has adjusted The regulations at § 424.11(d) further species as endangered. Further, the its own funding level accordingly. % state that the data to support such present Act, as amended, requires a Funding sources and levels, past, removal must be the best scientific and review of all listed species every 5 years present, and future, are not factors commercial data available to the to ensure an appropriate listing status. under the Act for listing, reclassifying, Director to substantiate that the species The brown pelican was first reviewed in or delisting a species (see below). no longer meets any of the five factors 1979 under the provision, and the result Two seabird hospitals provided data of section 4(a)(1) and is neither of that review is this rule, which merely indicating that we had underestimated endangered nor threatened for one or delineates more accurately the actual fishline and hook injuries to pelicans. more of the following reasons: biological status of Pelecanus These data are discussed below. 1. Extinction. Unless each individual occidentalis as it is known today. The National Wildlife Federation of the listed species was previously Five individuals commented that the (NWF) mentioned, among other points, identified and located, a sufficient pelican should remain listed because the the possible threat to pelicans from period of time must be allowed before problems of pollution and other forms of potential manganese mining operations delisting to clearly ensure that the human interference have not been in the Tampa Bay area. The Minerals species is extinct. solved. This was also stated in the Management Service (MMS) has 2. Recovery of the species. The petition from John’s Pass Seafood indicated that this activity, if it occurs at principal goal of the Service is to return Company mentioned above. The Service all, is unlikely to take place before the listed species to a point at which does not feel that these generalized turn of the century. The Service (FWS) is protection under the Act is no longer concerns constitute sufficient reason to of the opinion that any threat to pelicans required. A species may be delisted if continue listed status. Along these same from this potential activity does not • the evidence shows that it is no longer lines, a letter from the director of a constitute sufficient reason to delay or endangered or threatened. Florida seabird sanctuary documented alter this rule. Other points raised by the 3. Original data for classification in the existence of numerous illegal NWF are discussed in appropriate error. Subsequent investigations may sections elsewhere in this document. sewage outlets dumping raw municipal produce data that show that the best Comments supporting the proposed and industrial waste directly into the scientific or commercial data available rule were received from four States coastal environment. While this is at the time that the species was listed, (Alabama, Louisiana, Texas, and surely a problem for the pelican, as well or the interpretation of such data, were Maryland), seven biologists (including as for many other organisms that spend in error. two members of the Eastern Brown part of their life cycle in estuaries, it The five factors in section 4(a)(1) and Pelican Recovery Team), two county does not constitute sufficient reason for their application to the brown pelican in administrators, and the Curator of classifying this pelican as endangered or Ornithology, New York Zoological the southeastern United States are as threatened. These illegal sewage Society. follows: outflows generally result in, at most, The Virgin Islands Department of A. The present or threatened very small-scale and localized water- Conservation and Cultural Affairs, destruction, modification, or curtailment bird and fish die-offs (see section on Division of Fish and Wildlife, provided o f its h abitat or range. Brown pelicans pollution below). The fact that such excellent data concerning the status of generally nest on small (usually less outflows are presently illegal will not be the brown pelican in the Virgin Islands. than 5 acres) coastal islands, either on altered by any change in the brown The agency concurred with the proposed the ground or in shrubs or trees (U.S. pelican’s status. Sufficient laws, both delisting but felt that its database was Fish and Wildlife Service, 1980). State and Federal, currently exist to not yet adequate to include the Puerto 1. Florida. Most nesting occurs on regulate such infractions. Proper Rico and Virgin Island population in the mangrove islands. Due to coastal. , enforcement of these laws should in no delisting action. The Service concurs development, this type of habitat has way be dependent upon the status of the with this determination. decreased somewhat since the turn of brown pelican under the Act. the century. The Service’s National A theme mentioned in many of the Summary of Factors Affecting the Wetlands Inventory (NWI) indicated letters opposing this action was that the Species that as of 1980, an estimated 670,000 Service delisting the brown pelican After a thorough review and acres of mangrove habitat existed in would be tantamount to writing it out of consideration of all pertinent Florida. Mangrove habitat is protected any future funding considerations. This information available, the Service has by section 404 of the Clean Water Act as is not the case. As mentioned above, the determined that the eastern brown well as by local laws in Florida. RRP process provides a firm framework pelican should be delisted in Alabama, While there are several traditional, within which the Service may allocate Florida, Georgia, South Carolina, North large rookeries in Florida, there are funds for brown pelican monitoring and Carolina and points northward along the many smaller breeding sites that may protection. States may also allocate Atlantic coast. Procedures found at shift from year to year. Availability of Section 6 monies approved for such section 4(a)(1) of the Endangered appropriate and widely distributed purposes, as well as non-game and other Species Act (16 U.S.C. 1531 et seq.) and nesting islands is apparently not a funds derived from other sources, to regulations promulgated to implement problem in Florida. brown pelican projects. Endangered provisions of the Act for listing, Approximately 40 percent of the species funding priorities may indeed be reclassifying or removing species brown pelican breeding population in readjusted once it is recognized that the (codified at 50 CFR Part 424; revision Florida currently nests on National brown pelican is not endangered or published October 1,1984; 49 FR 38900- Wildlife Refuges. Another 5 percent uses threatened as defined by the Act, and 38912) were followed. A species may be National Park Service land for breeding 4942 Federal Register / VoL 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations

purposes. Some 8 percent of the Carolina. This effort was also flush, resulting in egg breakage, thermal remaining breeders in Florida nest on successful, and pelicans are again stress and increased predation of eggs National Audubon Society land or that nesting on Bird Key. Thus, nesting island and nestlings (Schreiber, 1979; Anderson owned or leased by other conservation stabilization using dredge spoil has and Keith, 1980). Access to brown organizations (Florida Game and proven to be an effective method of pelican colonies is limited generally to Freshwater Fish Commission, 1982). maintaining brown pelican (as well as scientific investigators and resource Thus, over 50 percent of Florida’s brown other seabird) nesting habitat, thereby managers on federally-owned nesting pelicans nest on sites that are managed decreasing the potential threat of sites and those designated by local for the primary purpose of promoting habitat loss even towards the periphery governments or private owners as and maintaining their reproductive of the brown pelican’s breeding range. sanctuaries. Individual pelicans nesting success. 4. A labam a. In July of 1983, four on privately-owned sites will remain 2. North Carolina. Up until 1982, brown pelican nests were discovered on protected from injury or taking by the brown pelicans in North Carolina used a spoil island in Mobile Bay, Alabama, Migratory Bird Treaty Act of 1918 and three to five colony sites in two disjunct that had been created by the U.S. Army any applicable State laws. No other coastal areas. In 1983, brown pelicans Corps of Engineers. The Corps erected Federal laws are needed in the view of were observed nesting on two warning signs and monitored the the Service to ensure the continued additional, more northerly colony sites. progress of these nests. Eventually, two protection from take of this species in The three longest-standing brown young were fledged. This year, pelicans these States. Present State laws would pelican colony sites in the State are are again nesting on this site. In addition continue to protect the species from take currently being acquired by the National to constituting a range expansion for the in those States affected by this rule. The Audubon Society. These colonies will species, this successful nesting pelican is not in trade and is not on the continue to be protected and monitored demonstrates the readiness of pelicans appendices of the Convention on regardless of the brown pelican’s future to accept man-made nesting sites. This International Trade in Endangered classification status. demonstrated flexibility presents a new Species of Wild Fauna and Flora. During the late winter of 1982, the U.S. option for management of pelican C. Disease or predation. Brown Army Corps of Engineers, in cooperation habitat and further reduces the pelicans generally choose nesting sites with the State of North Carolina and the likelihood of threat to pelicans from that are free of mammalian predators U.S. Fish and Wildlife Service, rebuilt habitat loss. that could attack eggs or young. Gulls, one severely eroded brown pelican 5. Other States. As indicated above, fish crows, and other avian predators nesting island, and pelicans have pelicans in Georgia, Virginia, and States occasionally destroy unguarded pelican continued to nest on the island in 1983 north of Virginia originate from the nests, but if brown pelicans are and 1984. nesting colonies in Florida and the undisturbed, at least one member of the 3. South Carolina. Unlike the situation Carolinas. Coastal habitats used by breeding pair usually remains close to in Florida, pelicans in this State nest in pelicans outside of Florida and the the nest to protect egg and vulnerable only two colony sites which are not Carolinas, used for feeding and loafing, nestlings. In the absence of other widely separated. One is located on appear adequate to meet the future Cape Romain National Wildlife Refuge, needs of the species. disturbing factors, egg and nest and the other has been on one of several In summary, a large percentage of the predation does not impose a significant islands some 50-60 miles south of the brown pelican’s nesting habitat in the limitation on brown pelican refuge. Pelicans nesting within the area affected by this rule is protected reproduction. There is no significant refuge boundaries have been, and will from human intrusion and development. predation on adult brown pelicans. continue to be, protected and monitored Furthermore, the availability of nesting Like all other species of wildlife, whatever their status. habitat, on a range-wide basis, is not brown pelicans are susceptible to The more southerly brown pelican limiting to brown pelicans. Historical certain diseases and parasitic infections. nesting site in South Carolina has records going back a hundred years For example, a foot-rot disease of shifted periodically, as the various indicate that habitat has been lost, but unknown origin has been observed in islands used for nesting have eroded or such losses have usually resulted in the brown pelicans on the east coast of been washed away. The most recent colonies moving to a nearby islet to Florida. In Texas, where brown pelican shift occurred after Hurricane David resume nesting activities. Habitat loss numbers are still very low, reproduction destroyed the existing pelican colony was not a major factor of consideration was adversely affected by a tick island, Deveaux Bank, in 1979. From in the original listing of the brown infestation in 1981. Brown pelicans are 1980 to the present time, pelicans in the pelican, and the Service thinks that known to host other parasites, including area have nested on Bird Key at the projected habitat loss to development or mites and liver flukes. However, mouth of the Stono River. other causes cannot be considered a diseases and parasites normally pose no This island was dedicated as a State factor still endangering or threatening significant problems for a healthy brown sanctuary in 1982. In 1983, however, the continued existence of the brown pelican population. tidal erosion caused nest flooding and pelican. D. The inadequacy o f existing greatly reduced pelican reproductive B. Overutilization fo r com m ercial regulatory mechanisms. In addition to success. This created a temporary recreational scientific, or educational the Endangered Species Act, the brown problem for South Carolina's brown purposes. Since the pelicans’ plight has pelican is protected from taking by the pelican population, since it is thought been widely publicized, human intrusion Migratory Bird Treaty Act of 1918 (16 that all appropriate brown pelican into their nesting areas, both by U.S.C. 703 e t seq.). Brown pelican nesting sites in the State are already scientists and the general public, has habitat is given protective consideration occupied (Cely and Wilkinson, 1981). increased. While some researchers by the Fish and Wildlife Coordination The South Carolina Department of believe that such disturbance has had Act (16 U.S.C. 661 et seq.), the Estuary Wildlife and Marine Resources little effect, recent studies have Protection Act (16 U.S.C. 1221 et seq.), coordinated the effort to stabilize Bird indicated human disturbance can section 10 of the Rivers and Harbors Act Key with dredge spoil material, as was significantly decrease brown pelican (33 U.S.C. 401 etseq .), and sections 402 done in a similar situation in North productivity, by causing the adults to and 404 of the Federal Water Pollution Federal Register / Vol. 50, No. 23 / Monday; February 4, 1985 / Rules and Regulations 4943

Control Act (33 U.S.C. 1251 e t s e q .}, as In summary, natural factors may list (§ 17.11) in the area addressed by amended by the Clean Water Act (91 adversely affect brown pelican this rule would be inconsistent with the Stat. 1566). reproduction on a short-term localized Act’s definitions of “endangered” and In addition, continuing pelican basis, but in and of themselves pose no "threatened” and would be incongruous research or monitoring programs might threat to the continued existence of the with the status of truly endangered or be conducted using funds provided, in species. threatened species. part, through the Federal Aid in Wildlife 2. M an-related factors. The Service believes that by the very Restoration Act (16 U.S.C. 669) and the a. Pesticides. As stated above, conspicuous nature of the pelican, the Fish and Wildlife Conservation Act of susceptibility to brganochlorine sudden loss of an unusual number Of 1980 (16 U.S.C. 2901). Funds may also pesticide residues was the primary birds or nests, for example, would be still he available to the States under factor contributing to the original reported quickly. The pelican is a very section 6 of the Endangered Species Act, endangerment of the brown pelican. Due popular bird, not just with the public at as State-listed species or State- to environmental regulations large, but with scientists (public and candidates (as well as federally listed promulgated over the past 12-15 years, private) as well. The bird continues to species) qualify for study funding. The the threat of organochlorine pesticide be heavily studied throughout its range pelican is listed as endangered under pollution has been greatly reduced, and by bird watchers and ornithologists. the State laws of all the affected States the residues of those persistent Should the pelican experience any new except Florida, where it is presently compounds in brown pelican eggs have problems, these very likely would soon listed as threatened. Additionally, funds shown a steady decrease. This highly be brought to the attention of the for brown pelican management and encouraging trend is a major factor Service, even without intensive Federal study may be available through the supporting this delisting action. or State monitoring. Service’s RRP process, as described However, the Service is aware that b. Commercial fishing activity. above. These regulations and laws, if there are some pesticides currently Throughout much of its range, the diet of enforced and/or funded, will provide registered for use that contain small the eastern brown pelican is composed adequate protection for the brown amounts of DDT. Some of these products largely of Atlantic and Gulf menhaden. pelican and its habitat. are under EPA review, and their use The menhaden fisheries are the largest E. Other natural or man-made factors may be restricted or cancelled. Such in North America, comprising between affecting its continued existence. products will likely be replaced by less 24 percent and 43 percent of the total 1. Natural factors. Brown pelican persistent chemicals of unknown effects U.S. fishery landings over the past reproductive success is strongly to pelicans and other susceptible decade. influenced by the weather at the time of estuarine-dependent life forms. At the There does not appear to be a conflict breeding. High winds or waters can present time, such materials do not pose between pelican conservation and the destroy or inundate nests; untimely cold a known threat to the brown pelican. menhaden fishery in the area of this snaps may contribute to the death of While the effects on brown pelicans proposed rule, since the portion of the eggs or nestlings, and periodic food from environmental contaminants other Atlantic menhaden fishery that occurs shortages may result in decreased than the organochlorines are not within the range of the Atlantic coast nesting and/or fewer young reared thoroughly known, there are indications pelican population is compatible with (Schreiber, 1979). Therefore, brown that some localized contaminant-related peak historical pelican numbers. There pelican productivity normally fluctuates problems still exist for this highly is virtually no commercial menhaden considerably from year to year and susceptible species. National Wildlife fishing in peninsular Florida. place to place. A complete local Health Laboratory records of eastern c. Recreational fishing activity. Every reproductive failure in one season in one brown pelican mortality from 1976 to year, a number of brown pelicans locality is not an uncommon occurrence 1983 document 10 die-off incidents become hooked or entangled in and no cause for immediate alarm, if the totaling over 212 birds in the States monofilament line or caught by baited brown pelican population is at safe covered by this rule. Almost 5 percent of hooks, resulting in injury and some levels overall. The pelican is a long- these reported mortalities were related mortality. The Pelican Harbor Seabird lived species that has evolved with this to actual or suspected pesticide or Station, Inc., which covers an estimated "boom or bust” reproductive strategy. heavy metal contamination. About 47 10-mile section of coastline in the Miami Brown pelicans may switch breeding percent of the reported mortalities area, reports that of 200 pelicans sites from year to year, especially in occurred in the vicinity of illegally handled in 1982, roughly 71 percent had Florida, where the breeding population released untreated sewage. Other fishing-related injuries. Of these, 12 (8.5 is widely distributed. Therefore, sources of mortality included parasites percent) died or were permanently abandonment of one or several or enteritis (33 percent—possibly a crippled; the remainder were rookeries is no indication of an overall secondary result of previous rehabilitated. Fishing-related injuries declining population. Examples of debilitation), drowning and/or comprised about 35 percent of all localized population declines and starvation (7 percent) and unknown observed mortality. Another seabird reproductive failures are numerous. causes (8.5 percent). However, these die­ rehabilitation group, the Endangered Brown pelican populations have offs are generally small and occur in Species Protection Fund, reports treating apparently been declining in the Florida numerous other seabirds feeding in some 450 brown pelicans for fish line or Keys recently and may be declining on coastal areas as well. hook injuries over a 4-year period in the the southwest coast of Florida as well. In summary, neither the threat of Port Canaveral, Brevard County vicinity. These declines (or population shifts) are future “unknown” pesticides nor the These data indicate that our original possibly related to a changing threat from existing short-lived, non- estimate of 500 pelican injuries per year distribution and/or abundance of fish organochlorine pesticides constitute from fish lines and hooks was quite low. species. Despite these apparent local sufficient reason for continued listed This source of mortality, however, is declines, however, thie total population status of an animal with as large and still not considered to be detrimental to of brown pelicans in Florida has stable a population as the brown overall pelican numbers (stable at about remained relatively stable. pelican. To maintain this species on the 30,000 breeding and non-breeding birds 4944 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations

in Florida). Additionally, it is likely that areas and are not encouraging oil and covered by this rule. These include much of this mortality is compensatory; gas leasing in State waters. Florida prohibitions on taking, harm, possessing, i.e., many of these pelicans would have recently passed a law prohibiting selling or offering for sale, exporting, died of other causes had they not drilling in all bays, estuaries, and rivers, and shipping in interstate or foreign succumbed to this source of mortality. and within 1 mile of the coastline. commerce. However, these same general Finally, this impact is largely accidental; Florida and North Carolina are prohibitions will still be provided under therefore, this rule is not anticipated to conducting studies to determine the Migratory Bird Treaty Act and other have any effect on its occurrence. This whether, and what type of, leasing laws and regulations. problem is probably more effectively should be allowed in State waters. The The protection afforded the brown dealt with through educational, rather Florida Department of Environmental pelican under section 7(a) of the Act is than legal channels. The net effect of Regulation also has strict requirements eliminated in the area covered by this such losses has not depressed the for state-of-the-art equipment to prevent rule. Section 7(a)(2) requires Federal pelican population below historical blowouts and spills and to protect the agencies to ensure that activities they levels. environment, should they occur. authorize, fund, or carry out, are not d. Coastal oil and gas development. Federal laws regulating offshore oil likely to jeopardize listed species or Any oil and gas development could and gas operations have also become result in the destruction or adverse increase the likelihood of introducing more stringent within the past decade. modification of designated critical some hydrocarbon pollutants into the The oil content of water produced from habitat. Any economic consequences marine environment. Demonstrated offs'hore operational discharges is that may have occurred as a result of adverse effects of oil on avian species limited by effluent guidelines sections 7 and 9 of the Act would be include decreased hatchability of eggs, promulgated by EPAr which are eliminated in the area covered by the direct toxicity and stress from oil enforced by National Pollution rule. All prohibitions and provisions set ingested during feeding or preening, and Discharge Elimination System permits. forth in the Act would still apply to the feather fouling, resulting in decreased The U.S. Geological Survey is brown pelican in those portions of its insulation and possible drowning responsible for day-to-day inspection range not specifically addressed by this (Holmes and Cronshaw, 1977). Brown and monitoring of OCS oil and gas rule. operations and monitoring hydrocarbon pelicans breeding in North and South Survey work leading to the discharges resulting from such Carolina could be vulnerable to oil recommendation for delisting was made operations. Additionally, an spills, because of their concentration on possible by partial funding through Environmental Impact Statement must small areas durmg the breeding season. grants-in-aid to qualifying States under be prepared for all MMS OCS lease Such spills migM impact one or more section 6 of the Act. The Service sales. colonies, but the long-term effects would strongly recommends and solicits the Therefore, the possibility of oil spills be minimal. (After the 1969 Santa participation of the affected States in impacting brown pelican nesting Barbara spill the local pelican carrying out continued monitoring of Colonies in the area of this proposed rule population was greatly augmented by brown pelican reproductive success. is minimal and speculative due to: (1) breeders from other areas over the next The Service intends to give the pelican The relatively great distance offshore of 5-6 years.) continued consideration for any current and projected future OCS leases, Outer Continental Shelf (OCS) oil and available Section 6 monies for such gas leasing in the area of this proposed (2) the general reluctance of the States involved to lease tracts in State waters, study. In order to ensure the rule is in its infancy, and it is difficult maintenance of this population’s non- even to speculate on the area’s (3) the stringent regulations (both State and Federal) governing drilling endangered status and the welfare of potential. The Minerals Management operational procedures and equipment, this bird, the Service has established an Service’s (MMS) 1982, 5-year OCS oil and (4) the general lack of interest in RRP, as described above. and gas leasing schedule proposes 6 this part of the coastline as a potential sales in two OCS regions covering the National Environmental Policy Act oil-producing region. area addressed by this proposed rule. In summary, the Service has carefully The Fish and Wildlife Service has Two of these sales have been held on assessed the best scientific and determined that an Environmental schedule. Response has been moderate. commerical information available Assessment, as defined by the National To date, only 6 exploratory wells have regarding the past, present, and future Environmental Policy Act of 1969, need been drilled in the South Atlantic threats faced by this species in not be prepared in connection with Region, and 25 wells in the East Gulf of determining to make this rule final. regulations adopted pursuant to section Mexico Region. None of these wells has Biological data indicate that the brown 4(a) of the Endangered Species Act of been productive. Interest in offshore pelican is not currently endangered or 1973, as amended. A notice outlining the leases has generally been confined to threatened in the area covered by this Service’s reasons for this determination tracts 100 miles or more from the rule. Based on this evaluation, the was published in the Federal Register on coastline. preferred action is to delist the brown October 25,1983 (48 FR 49244). Of the States in the proposed rule pelican on the Atlantic Coast and in Literature Cited area in which brown pelicans nest, only Florida and Alabama. Any alternative Florida and Alabama have any current action would not truly reflect the Anderson, D.W., and J.J. Hickey. 1970. oil and gas development in State waters. biological status of the pelican in the Oological data on egg and breeding To date, only the Alabama coastal zone area where this rule applies and would characteristics of brown pelicans. has shown any promise of productivity, be contrary to the Act’s intent. Wilson Bull. 82(1):14~28. and this has been for gas, rather than oil Anderson, D.W., and J.O. Keith. 1980. production. The States of North Available Conservation Measures The human influence on seabird Carolina, South Carolina, and Florida, in The prohibitions pertaining to an nesting success: Conservation particular, are very concerned about the endangered species found in section implications. Biol. Conserv. 18:65-80. potential adverse environmental effects 9(a)(1) of the Act, as implemented at Blus, L.J., E. Cromartie, L. McNease, and of oil and gas development in coastal § 17.21, no longer apply in the area T. Joanen. 1979. Brown pelican: Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Rules and Regulations 4945

population status, reproductive Texas Gulf Coast. Southwest. Nat. Author success and organochlorine residues 21(4):417—431. The primary author of this rule is Judy in Louisiana, 1971-1976. Bull. Peakall, D.B. 1975. Physiological effects F. Jacobs, formerly of thé Jackson Environmental Contam. Toxicol. of chlorinated hydrocarbons on avian Endangered Species Field Station (see 22:128-135. species, In R.P. Hague and V.H. Freed, ADDRESSES section). Blus, L.J., T.G. Lamont, and B.S. Neely, eds., Environmental dynamics of Jr. 1979. Effects of organochlorine List of Subjects in 50 CFR Part 17 pesticides, Plenum Pub. Co., New residues on eggshell thickness, Endangered and threatened wildlife, reproduction and population status of York, pp. 343-360. Schreibqr, R.W. 1979. Reproductive Fish, Marine mammals, Plants the brown pelican [Pelecanus (agriculture). occidentalis} in South Carolina and performance of the eastern brown Florida, 1969-1976. Pest. Mon. J. pelican, Pelecanus occidentalis. Regulation Promulgation 12(4}:172-184. Contrib. Sci. Mus. Nat. Hist. Los Cely, J.E., and P.M. Wilkinson. 1981. Angeles Co. 317:1-43. PART 17— [AMENDED] Identification and qualitative Schreiber, R.W. 1980. The brown Accordingly, Part 17, Subchapter B of evaluation of priority threatened and pelican: An endangered species? Chapter I, Title 50 of the Code of Federal endangered species habitats in South Bioscience 30(ll):742-747. Regulations, is amended as set forth Carolina. Proj. No. E -l Activity No. Ill (U.S. Fish and Wildlife Service). 1980. below: 10/76-9/80: 48 pp. Recovery Plan for the eastern brown 1. The authority citation for Part 17 Florida Game and Fish Commission. pelican reads as follows: 1982. Annual Report to U.S. Fish and [Pelecanus occidentalis Wildlife Service, Atlanta. carolinensis). Eastern Brown Pelican Authority: Pub. L. 93-205, 87 Stat. 884; Pub. Recovery Team, 46 pp. L. 94-359, 90 Stat. 911; Pub. L. 95-632, 92 Stat. Holmes, W.N., and J. Cronshaw. 1977. 3751; Pub. L. 96-159, 93 Stat. 1225; Pub. L. 97- Biological effects of petroleum on A more complete list of references is 304, 96 Stat. 1411 (16 U.S.C. 1531, e t s e q .). marine birds, In D.C. Mahlins, ed., on file in the Jackson, Mississippi, Effects of petroleum on arctic and Officeras well as various letters, 2. Amend § 17.11(h) by revising the subarctic marine environments and administrative reports, and other entry for the brown pelican under organisms, Vok II, Academic Press, documents not referenced here. These “BIRDS" to read as follows: New York, pp. 359-393. are available for inspection along with § 17.11 Endangered and threatened King, K.A., E.L. Flickeriger, and H.H. the rest of the administrative record as wildlife. Hildebrand. 1977. The decline of indicated under the ADDRESSES section ***** brown pelicans on the Louisiana and in this document. (h) * * *

Species Vertebrate population where Historic range Statusstatus When Hsted Critical Special Common name Scientific name endangered or habitat rules threatened

BIRDS .

Pelican, brow n...... Pelecanus U.S.A. (Carolinas Entire— except E 2, 3, 170 NA NA occidentalis. to Texas, U.S. Atlantic California), West coast, Florida, Indies, and and Alabama. Central and South America: coastal. * * * * *

Dated: January 11,1985. J. Craig Potter, Acting Assistant Secretary for Fish and W ildlife and Parks. [FR Doc. 85-2694 Filed 2-1-85; 8:45 am] BILLING CODE 4310-55-M

Monday February 4, 1985

Part III

Department of Health and Human Services

Social Security Administration

20 CFR Part 404 Federal Old-Age, Survivors, and Disability Insurance; Listing of Impairments—Mental Disorders; Proposed Rule 4948 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Proposed Rules

DEPARTMENT OF HEALTH AND evaluation of claims involving mental Association to provide for such an HUMAN SERVICES impairments, the Secretary announced ongoing review of for both reliability the temporary exemption of about two- and validity of disability evaluation Social Security Administration thirds or about 135,000 of these cases criteria. from continuing disability reviews until 20 CFR Part 404 current rules could be reviewed and Explanation of Proposed Revisions [Regulations No. 4] revised as needed. The proposed revisions serve several Pub. L. 98-460 requires the Secretary purposes. The medical terms used to Federal Old-Age, Survivors, and of Health and Human Services (HHS) to describe the major mental disorders and Disability Insurance; Listing of revise the rules used for the evaluation their characteristics and symptoms have Impairments— Mental Disorders of mental impairments. This publication been updated to conform to the is the first step to publishing final nomenclature currently used by AGENCY: Social Security Administration, regulations. It gives the public an psychiatrists and other mental health HHS. opportunity to comment on proposed professionals. Terminology of this type a c t io n : Proposed rules. rules that have been developed in in the proposed listings is based on that consultation with leading experts. HHS used in the third revision of the s u m m a r y : These proposed amendments will evaluate all public comments and Diagnostic and Statistical Manual of revise the medical evaluation criteria for make any necessary modifications Mental Disorders published by the mental disorders for the disability resulting from such evaluation. program in title II and title XVI of the American Psychiatric Association. This After the public has had an edition, published in 1980 and now Social Security Act. No substantial opportunity to comment and after we widely used by psychiatrists, revisions have been made to these carefully consider the comments, we criteria since 1979. The proposed psychologists and other mental health will publish final regulations to be professionals, gives a common basis for revisions reflect advances in medical effective for 3 years. The dynamic communication, which is particularly treatment and in methods of evaluating nature of the diagnosis, evaluation and important in evaluating medical reports certain mental impairments, and will treatment of the mental disease process used in determining disability. provide up-to-date medical criteria for requires that the rules in the area be. The proposed listings are also more use in the evaluation of disability claims periodically revised and updated. We specifically related to different types of based on mental disorders. intend to carefully monitor these mental disorders. Thus, fewer conditions d a t e : regulations over a 3-year period to We will consider your comments are included under the same listing, ensure that they fulfill congressional if we receive them no later than March resulting in an increase in the number of 21,1985. intent by providing for ongoing listings from four to eight. Because of the a d d r e s s e s : evaluation of the medical evaluation Send your written diversity of mental disorders, it was still criteria. Therefore, 3 years after comments to the Commissioner of Social necessary to group some disorders publication of final rules, these Security, Department of Health and under a single listing. However, in the regulations will cease to be effective Human Services, P.O. Box 1585, proposed listings the organization of unlesis extended by the Secretary or Baltimore, Maryland 21203, or deliver mental disorders is based on the third revised and promulgated again as a them to the Office of Regulations, Social revision of the Diagnostic and result of the findings from the evaluation Security Administration, 3-A-3 Statistical Manual o f Mental Disorders Operations Building, 6401 Security period. The proposed revision of the Listing of which provides a more realistic Boulevard, Baltimore, Maryland 21235 organization in terms of the common between 8:00 a.m. and 4:30 p.m. on Impairments relating to mental disorders is but one element in an extensive plan characteristics of the mental disorders regular business days. that evaluated under a particular listing. Comments received may be inspected for assuring fair and accurate evaluation The revisions also reflect evolving during these same hours by making of claims for disability benefits by those medical knowledge of the arrangements with the contact person with mental impairments. Work is also characteristics of mental disorders and shown below. being done to assure that severe impairments, but ones of less than their treatment and management. (Since FOR FURTHER INFORMATION CONTACT: listing-level severity, will be realistically the body of knowledge on mental William J. Ziegler, Legal Assistant, reviewed in relationship to a person’s disorders is constantly evolving, SSA Office of Regulations, Social Security ability to work. This step of the will provide for the ongoing evaluation Administration, 6401 Security eyaluation process requires a residual of the medical evaluation criteria for Boulevard, Baltimore, Maryland 21235, functional capacity (RFC) determination, mental disorders to ensure that the Telephone 301-594-7415. and numerous activities are underway criteria reflect the most up-to-date SUPPLEMENTARY INFORMATION: On June to assure that this part of the process is knowledge on those disorders.) 7,1983, the Secretary announced a top- effective. One of the major changes is in Listing to-bottom review of all disability It is important to emphasize that not 12.03 where proposed language has been program policies and procedures in only in preparing these revisions but added to ensure that the chronic consultation with appropriate subject- also in drawing up an overall mental schizophrenic individual who may have matter experts to assure that disability impairment improvement plan, SSA has his or her symptoms attenuated by rules accurately and fairly carry out the consulted with leading experts in the treatment but who still cannot work intent of the Social Security Act and field of mental impairments from the because of more subtle manifestations also reflect the latest advances in American Psychiatric Association, the of his or her disorder will now meet the diagnosis, evaluation and treatment of American Psychological Association severity of the revised listing. This has disability causing impairments. and other professionals. been the major area of criticism and a Particular attention was given to To provide an ongoing review and principal area of deficiency in the updating and refining the disability evaluation of mental impairment current regulations. Other minor eligibility criteria for metal disorders. adjudication, SSA has enter into a changes occur in the Organic Mental Because of extensive concern about the contract with the American Psychiatric Disorders listing, where language has Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Proposed Rules 4949 been added to better measure work related characteristics affected by individual’s ability to work are intellectual loss; the Anxiety-Related mental disorders. If should also be noted considered and evaluated in accordance Disorders listing, where specific, that, although the criteria in paragraph B with the listings, and (3) all evidence language has been added to Cover are identical for several mental obtained is organized and presented in a agoraphobia (12.06C); the Somatoform disorders listings, the number of items clear, concise, and consistent manner. Disorders (12.07) and Personality required under paragraph B in order to At the hearing and appeal levels, this Disorders (12.08) listings, where meet particular listings varies. (The technique will be applied similarly to language has been added to give a more selection of the number which must be the manner in which “medical accurate description of these conditions met is based on the current evaluation equivalence” is now determined. That based on the third edition of the of their effect on the functional ability to is, the opinion of a medical consultant Diagnostic and Statistical Manual o f work. As additonal experience is designated by the Secretary must be Mental Disorders. gained, the number of items required considered in applying the technique The following is a summary of the under paragraph B could change.) because it requires exercise of extensive proposed listings. In 12.00D [Documentation] of the medical expertise. It is anticipated that 12.00 P reface preface, we discuss the evidence needed this technique will require an increased to document mental impairments. The use of medical advisors, both at We are proposing several significant new material stresses that at any one hearings and for review of the records. additions to the preface to the mental time during the course of a mental A copy of the document using this disorders listings. In 12.00A disorder an individual may appear to be technique is available upon request by (Introduction) of the preface, we explain relatively free of the characteristics of writing to: Social Security the basic approach used in the listings the disorder. Therefore, it is important to that follow. In this introduction, we Administration, Office of Disability, obtain evidence of the person’s Division of Medical and Vocational explain that in most of the listings we condition over the course of the mental use a dual approach, by dividing listings Policy, 3-A-10 Operations Building, 6401 illness. In 12.00D we discuss the Security Blvd., Baltimore, MD 21235. into two paragraphs, with the A importance of work attempts and paragraph describing the characteristics circumstances surrounding termination 12.01 Category of Impairments— necessary to establish the presence of of the work effort. We also discuss the M ental the mental disorder and the B paragraph use of psychological testing. (Also, see 12.02 Organic Mental Disorders. We describing the restrictions and 20 CFR 404.1512 through 404.1518 and propose to expand paragraph A of limitations of function resulting from the 414.912 through 416.918.) listing 12.02 to include four additional disorder. In 12.00A, we also are For inclusion in 12.00E, we are factors that are characteristic of organic proposing a definition of “residual proposing new material explaining that, mental disorders. In paragraph B, we are functional capacity” and are explaining rather than placing undue reliance on retaining from the present listing the how the concept applies in evaluating the findings obtained on any single restrictions related to daily activities mental impairments. examination, it is important to evaluate and an impaired ability to relate to other In 12.00B [Need for M edical Evidence) the total treatment history of persons people. However, we have reworded the of the preface, we describe the need for with chronic mental impairments. objective evidence for the evaluation of In 12.00F [Effects o f Structured statement on an impaired ability to mental disorders. Although we are not Settings] and 12.00G [Effects of relate to other people to reflect proposing any substantial change in this Medication] of the preface, we are difficulties in the total area of social area, we explain how clinical signs, proposing new material relating to functioning. We are proposing two new symptoms and laboratory findings are chronic mental disorders. We explain items, 12.02B3 and 4, because severe used together in the evaluation of that evaluation of mental disorders must organic mental disorders often result in mental impairments. (Also, see 20 C.F.R. include consideration of the fact that * deficiencies of concentration and many §§ 404.1528, 404.1529, 416.928, and medication, hospitalization, or other persons with these conditions 416.929.) highly structured living arrangements experience a marked worsening of In 12.00C [Assessment o f Severity] of may minimize the overt indication of symptoms when faced with stress. We the preface, we describe in detail the severe chronic mental disorders. In are proposing to eliminate one multiple factors in the paragraph B 12.00G we also acknowledge that requirement in the current listing— criteria of most of the mental disorders medications may sometimes produce deterioration of personal habits. This listings. (Similar factors are in side-effects that add to the work-related characteristic is not always apparent in paragraph C as well as paragaph B in limitations resulting from a mental some persons with severe organic two of the mental disorders listings, disorder. mental disorders. 12.03 Schizophrenic, Paranoid and We are proposing a brief discussion of 12.03 Schizophrenic, Paranoid and Other P sychotic D isorders and 12.06 the effects of current medical treatment Other Psychotic Disorders. In this Anxiety Related Disorders.) Two of for inclusion in 12.00H [E ffect o f proposed listing we are grouping these descriptions—involving activities Treatment]. psychotic conditions that are more of daily living and social functioning— In 12.001 [Technique For Application closely related than in the current are similar to descriptions in the current o f the Mental Disorders Listings] of the listing. We are proposing to move listings for mental disorders. The preface, we are proposing the affective disorders to a new separate others—involving concentration and implementation of a technique for listing, which follows this one. In task performance, and deterioration evaluating mental disorders that is paragraph A, we are retaining the three under work-like conditions—are not intended to facilitate uniform and characteristics of these disorders directly related to criteria contained in accurate application of the listings at all contained in the current listing— the current listings for mental disorders. levels of administrative review. This hallucinations, delusions, and illogical However, they are being proposed on technique will ensure that (1) all association of ideas. However, the the basis of the recommendations of evidence necessary for application of concept of illogical association of ideas mental health professionals, who the listings is obtained, (2) all aspects of is being incorporated in 12.03A3 in consider them particularly important as the mental disorder(s) relevant to the association with other signs of disrupted 4950 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Proposed Rules

thought. We are listing other same restrictions and limitations of 12.09 Substance Addiction characteristics of disorganized thought function common to the paragraph B D isorders. We are proposing a new and behavior in 12.03A2 and 3. We are criteria of the other proposed listings. listing that relates to addiction to also including consideration of observed 12.06 Anxiety Related Disorders. In alcohol or other drugs and to other emotional changes that are often present the current organization of the mental substances that affect the central in these disorders. We are revising disorders listings, anxiety disorders are nervous system. However, the proposed paragraph B in the manner previously grouped in listing 12.04 with other listing itself only serves as a reference described for proposed listing 12.02. In similar functional nonpsychotic listing by indicating which of the other paragraph C, we are proposing new disorders. Proposed listing 12.06 listed impairments must be used to evaluation considerations that recognize exclusively covers disorders related to evaluate the behavior or physical that the more obvious symptoms of anxiety. Paragraphs 1,2 and 4 of 12.06A changes resulting from the regular use of these disorders ere often lessened by of this proposed listing are similar to the substances. (For example, should an medication or support from mental criteria in the current 12.04 listing. A individual with a substance addiction health facilities or other sources. new paragraph 3 of 12.06A gives disorder experience seizures as a result Individuals, who have a medically significance to frequent panic attacks. A of that disorder, either listing 11.02 documented history of one or more new paragraph 5 of 12.06A provides for (Epilepsy—major motor seizures) or episodes of acute symptoms, signs and the inclusion of anxiety disorders listing 11.03 (Epilepsy—minor motor functional limitations described in seizures) should be used for the paragraphs A and B, may have a resulting from traumatic experiences. Hie criteria we are proposing in evaluation of the substance addiction remission either induced by treatment or paragraph B are the same as the disorder.) by living in a supportive environment paragraph B criteria being proposed in (such as a supervised group home). Recommendation Not Being Proposed Many such individuals remain disabled listing 12.02. In the new 12.06C, we because they experience a return of recognize that confinement to the home We have accepted all of the symptoms and signs when they characterizes a severe anxiety disorder. recommendations we have received encounter stressful circumstances or In listing 12.06, paragraph C serves as an except for the inclusion of pain in the when they leave the supportive option that can be used in lieu of listing for somatoform disorders (listing environment of the supervised living paragraph B. 12.07) and the recommended criteria foi situation or sheltered work. 12.07 Somatoform Disorders. the evaluation of substance addiction disorders in listing 12.09. 12.04 Affective Disorders. In the Somatoform disorders are currently current organization of the mental evaluated along with other functional In the recommendation for disorders listings, affective disorders are nonpsychotic disorders such as neurotic somatoform disorders, a direct reference included as mood disorders with other disorders, personality disorders, and is made to pain. In this context, the functional psychotic disorders such as alcohol addiction and drug addiction reference seems to be to psychogenic schizophrenias and paranoid states disorders under the present listing 12.04. pain. Psychogenic pain refers to the rare under the same listing. The new listing The new 12.07 listing we are proposing instance when pain occurs with no which we are proposing relates relates specifically to somatoform demonstrable organic pathology from exclusively to affective disorders. In disorders. In 12.07A we are adding two which the pain could reasonably be paragraph A of the proposed listing, we characteristic patterns of these derived. In the recommendation, describe the characteristics of affective disorders to the one now in 12.04A6 of psychogenic pain is included as a disorders in much greater detail than the current mental disorders listings. criterion which when considered in they are described in the current listing Paragraph B includes the same combination with other criteria in listing for functional psychotic disorders in evaluation criteria found in paragraph B 12.07 could permit a presumption of 12.03. We are revising paragraph B in of proposed listing 12.02 but three of the disability. the manner previously described for four criteria requirements must be m et As directed by Pub. L. 98-460 (section proposed listing 12.02. 12.08 Personality Disorders. 3), a Commission on the Evaluation of 12.05 Mental Retardation. Paragraph Personality disorders are currently Pain will be established to conduct a A of both the current and proposed evaluated along with other functional study in connection with the National listing provides for the evaluation of nonpsychotic disorders such as Academy of Sciences concerning the persons who are so profoundly retarded psychophysiologic disorders, neurotic evaluation of pain in determining that they cannot undergo psychological disorders, and alcohol addition and drug disability. Therefore, rather than testing. The proposed paragraph has addiction disorders under listing 12.04. proposing psychogenic pain as a been condensed to focus more directly The proposed listing 12.08 exclusively presumptively disabling criterion at this on the absence of basic self-help skills covers personality disorders. In time, we are referring this that are most indicative of profound paragraph A of the proposed listing we recommendation to the Commission as retardation that precludes psychological are retaining the two characteristics of part of its overall study of this area. testing. Paragraphs B and C pertain to personality disorders that are found in The recommendation for substance evaluation using psychological testing. 12.04A7 of the current listing. In 12.08A3 addiction disorders not being proposed Both B and C of the proposed listing through 6 of the proposed listing we are represents a significant departure from specify that the lowest of the three adding other descriptions that are the criteria currently in effect and scores derived from tests is to be used. characteristic of personality disorders. traditionally employed by us in the However, this is not a new principle Paragraph B contains the same criteria evaluation of such disorders. Under the because it is found in the preface we are proposing under paragraph B in proposed criteria, substance addiction, (paragraph 12.00B4) to the current listing 12.02; but in evaluating in its advanced stages, is seen as a listing. In addition, in 12.05C the personality disorders under listing 12.08, separate syndrome which exerts control necessity for another “mental or at least three of the criteria over the individual in which major physical impairment” of significance has requirements under paragraph B must be physical and psychological dependency, been deleted and replaced with the met. as well as withdrawal signs and Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Proposed Rules 4951

symptoms, become key diagnostic Building, Room 3002, Washington, D.C. disorders (12.02); schizophrenic, paranoid and features. . 20503, Attention: Desk Officer for HHS. other psychotic disorders (12.03); affective While it is recognized that new disorders (12.04); mental retardation (12.05); List of Subjects in 20 CFR Part 404 developments in medical research anxiety disorders (12.06); somatoform provide some support for such an Administrative practice and disorders (12.07); personality disorders (12.08) ; and substance addiction disorders approach, it is our opinion that such procedure, Death benefits, Disability benefits, Old-Age, Survivors and (12.09) . Each diagnostic group, except listing criteria must be subjected to further 12.09, consists of a set of clinical findings study and broad review to determine its Disability Insurance. (paragraph A criteria), one or more of which reliability for determining disability for (Catalog of Federal Domestic Program Nos. must be met, and which, if met; lead to a test individuals with substance addiction 13.802, Social Security Disability Insurance; of functional restrictions (paragraph B disorders (i.e., whether the proposed 13.807, Supplemental Security Income criteria), two or three of which must also be listing describes an impairment that Program) met. There are additional considerations would prevent an individual from doing Dated: August 21,1984. (paragraph C criteria) in listings 12.03 and any gainful activity). Therefore, until we Martha A. McSteen, 12.06, discussed therein. have had the opportunity to assess the Acting Commissioner of Social Security. The purpose of including the criteria in paragraph A of the listings for m ental reliability of the recommendation, we Approved: O ctober 29,1984. are proposing a reference listing only disorders is to m edically substantiate the Margaret M. Heckler, which will indicate which other listed presence of a m ental disorder. The purpose of Secretary of Health and Human Services. impairments must be used to evaluate including the criteria in paragraph B and C of the behavioral or physical changes the listings for m ental disorders is to describe PART 404— FEDERAL OLD-AGE, those functional lim itations associated with resulting from the regular use of SURVIVORS AND DISABILITY m ental disorders w hich are incom patible addictive substances. INSURANCE (1950- ) w ith the ability to w ork. The restriction listed A copy of the workgroup’s in paragraph B and C must be the direct recommendations are available upon For the reasons set out in the result of the m ental disorder w hich is request by writing to: Social Security preamble, Part 404, Subpart P, Chapter m anifested by the clinical findings outlined in Administration, Office of Disability, III of Title 20, Code of Federal paragraph A. The criteria included in Division of Medical and Vocational Regulations, is amended as set forth paragraphs B and C of the listings for m ental Policy, 3-A-10 Operations Building, 6401 below. disorders have been chosen because they Security Blvd., Baltimore, MD 21235. 20 CFR Part 404, Subpart P is amended represent functional areas deem ed essential as follows: to work. An individual who is severely Executive Order 12291 1. The authority citation for Subpart P lim ited in these areas as the result of an reads as follows: im pairm ent identified in paragraph A is These proposed regulations are not presumed to be unable to work. expected to produce significant Subpart P— Determining Disability and additional program costs when The structure of the listing for substance Blindness addiction disorders, listing 12.09, is different compared to those which would be from that for the other mental disorder incurred under current regulations. They Authority: S e c s . 202, 205,216, 221, 222, 223, listings. Listing 12.09 is structured as a should not affect the economy by $100 225, a n d 1102, of the Social Security A ct, as reference listing; that is, it will only serve to million or more yearly and should not a m e n d e d ; 49 S t a t . 623, as amended, 53 S t a t . indicate which of the other listed mental or increase costs or prices significantly for 1368, as amended, 68 S t a t . 1080,1081 a n d 1082 physical impairments must be used to any segment of the population or as amended, 70 S t a t . 815 a n d 817, a s evaluate the behavioral or physical changes otherwise meet the criteria for a major a m e n d e d , 49 S t a t . 647, as amended (42 U .S .C . resulting from regular use of addictive 402, 405, 416, 421, 422, 423, 425 a n d 1302). rule as specified in Executive Order substances. 12291. Therefore, we have determined 2. In Part 404, Part A of Appendix 1 The listings for m ental disorders are so that a regulatory impact analysis is not (Listing of Impairments) of Subpart P is constructed that an individual m eeting the required. amended by revising 12.00, Mental criteria could not reasonably be expected to Disorders, to read as follows: engage in gainful w ork activity. “M eeting or Regulatory Flexibility Act equaling the criteria of the listings” m eans Appendix 1—Listing of Impairments We certify that these proposed that the m ental disorder would be sufficiently Part A severe, in and of itself, to result in: (a) An regulations will not, if promulgated, inability to perform routine, repetitive tasks have a significant economic impact on a Criteria applicable to individuals age 18 on sustained basis (6-8 hours per day) substantial number of small entities and over and to children under age 18 where without excessive supervision, and (b) an because they affect only individuals. criteria are appropriate. ***** inability to interact in an acceptable m anner Paperwork Reduction Act w ith cow orkers, supervisors or the public in a 12.00 Mental Disorders norm al w ork setting. The Secretary may require agencies Individuals who have an im pairm ent with a responsible for determining mental The mental disorders listings in 12.00 of the Listing of Impairments will only be effective level of severity w hich does not m eet the disability impairments to prepare and for 3 years unless extended by the Secretary criteria of the listings for m ental disorders submit report forms which will or revised and promulgated again. m ay or m ay not have the residual functional capacity (RFC) w hich would enable them to implement the techniques described in A . Introduction: The evaluation of section 12.001. The public is invited to disability on the basis of mental disorders engage in substantial gainful w ork activity. comment on the use of the reporting requires the documentation of a medically The determ ination of m ental RFC is crucial to determinable impairment(s) as well as the evaluation of an individual’s capacity to form. Organizations or individuals engage in substantial gainful w ork activity desiring to submit comments should consideration of the degree of limitation such impairment(s) may impose on the individual’s w hen the criteria of the listings for m ental direct them to the agency official disorders are not m et or equaled but the designated for this purpose whose name ability to work and whether these limitations have lasted or are expected to last for a im pairm ent is nevertheless severe. appear8 in this preamble and to the continuous period of at least 12 months. The RFC m ay be defined as a m ultidim ensional °f Information and Regulatory listing for mental disorders are arranged in description of the w ork-related abilities Affairs, OMB, New Executive Office eight diagnostic categories; organic mental w hich an individual retains in spite of 4952 Federal Register / Vol, 50, No. 23 / Monday, February 4, 1985 / Proposed Rules m edical im pairm ents. RFC com plem ents the with others. communicate clearly with others, including fam ily m em bers, who have criteria in paragraphs B and C of the listings interact and actively participate in group know ledge of the individual’s functioning. In for m ental disorders by requiring activities, etc. Cooperative behaviors, som e descriptions o f activities o f daily living consideration of an expanded list of w ork- consideration for others, awareness of other’s or social functioning given by individuals or related capacities w hich m ay be impaired by feelings, and social maturity also need to be treating sources m ay be insufficiently m ental disorder when the im pairm ent is considered. Social functioning in work detailed and/or m ay be in conflict with the severe but does not m eet or equal a listed situations may involve interactions with the clinical picture otherw ise observed or m ental disorder. (W hile RFC is used in m ost public, responding appropriately to persons described in the exam ination or reports. It is claim s, the law specifies that it does not in authority, eg., supervisors, or cooperative necessary to resolve any inconsistencies or apply to the follow ing special claim s behaviors involving coworkers. gaps that m ay exist in order to obtain a categories: disabled title XV I children below 3 . Concentration and task persistence proper understanding of the individual’s age 18, w idows, w idow ers, and surviving refers to the ability to sustain focused functional restrictions. divorced w ives. The im pairm ent(s) of these attention sufficiently long to permit the A n individual’s level of functioning may categories m ust m eet or equal a listed completion of tasks commonly found in work vary considerably over tim e. The level of im pairm ent for the individual to be eligible settings. In activities of daily living, functioning at a specific tim e m ay seem for disability insurance benefits. concentration may be reflected in terms of relatively adequate or, conversely, rather B . Need for M edical Evidence: T h e ability to follow and understand simple story poor. Proper evaluation of the impairment existence of a m edically determ inable lines or news items on television or radio, m ust take any variations in level of im pairm ent of the required duration m ust be ability to complete tasks in everyday functioning into account in arriving at a established by m edical evidence consisting of household routines, etc. Major deficiencies in clinical signs, sym ptom s and/or laboratory or concentration and task persistence are best determ ination of im pairm ent severity over psychological test findings. These findings observed in work and work-like settings, but tim e. Thus, it is vital to obtain evidence from m ay be interm ittent or persistent depending can often be assessed through direct relevant sources over a sufficiently long on the nature of the disorder. Clinical signs psychiatric examination and/or period prior to the date of adjudication in are m edically dem onstrable phenom ena psychological testing. Concentration is order to establish the individual’s impairment w hich reflect specific abnorm alities of assessed on mental status examinations by severity. This evidence should include behavior, affect, thought, memory, tasks such as having the individual subtract treatm ent notes, hospital discharge orientation, or contact w ith reality. These serial sevens from 100. Psychological tests of sum m aries, and w ork evaluation or signs are typically assessed by a psychiatrist intelligence or memory assess concentration rehabilitation progress notes if these are or psychologist and/or docum ented by through tasks requiring short-term memory or a v a i l a b l e . psychological tests. Sym ptom s are through tasks that must be completed within Som e individuals m ay have attem pted to com plaints presented by theindividual. Signs established time limits. In work evaluations, w ork or m ay actually have w orked during the and sym ptom s generally cluster together to concentration is assessed through such tasks period of tim e pertinent to the determination constitute recognizable clinical syndrom es as filing index cards, locating telephone if disability. This m ay have an independent (m ental disorders). Both sym ptom s and signs numbers, or disassembling and reassembling attem pt at work, or it m ay have been in which are part of any diagnosed m ental objects. Strengths and weaknesses in areas conjunction w ith a com m unity m ental health disorder m ust be considered in evaluating of concentration can be discussed in terms of or other sheltered program w hich m ay have s e v e r i t y . frequency of errors, time it takes to complete been of either short or long duration. C. Assessment of Severity: For m ental the task, and extent to which assistance is Inform ation concerning the individual’s disorders, severity is assessed in term s of the required to complete the task. behavior during any attem pt to w ork and the functional lim itations im posed by the 4 . Deterioration or decompensation in circum stances sorrounding term ination of the im pairm ent Functional lim itations are work or work-like situations refers to w ork effort are particularly useful in assessed using the criteria in paragraph B of repeated failure to adapt to stressful determ ining the individual’s ability or the listings for m ental disorders (descriptions circumstances which cause the individual inability to function in a w ork setting. of restrictions of activities of daily living, either to withdraw from that situation and/or The results of w ell-standardized social functioning, concentration and task to experience exacerbation of signs and psychological tests such as the W echsler persistence, and ability to tolerate increased symptoms (i.e., decompensation) with an Adult Intelligence Scale (W A IS), the m ental dem ands associated with com petitive accompanying difficulty in maintaining M innesota M ultiphasic Personality Inventory work). Four areas are considered. activities of daily living, social relationship, (M M PI), the Rorschach, and the Them atic 1 . Activities of daily living i n c l u d e and/or maintaining concentration and tasks Apperception Test (TA T), m ay be useful in adaptive activities such as cleaning, persistence (i.e„ deterioration). Stresses establishing the existence of a m ental shopping, cooking, taking public common to the work environment include disorder. For exam ple, the W A IS is useful in transportation, paying bills, m aintaining a decisions, attendance, schedules, completing establishing m ental retardation, and the residence, caring appropriately for one’s tasks, interactions with supervisors, MM PI, Rorschach, and TA T m ay provide grooming and hygiene, using telephones and interactions with peers, etc. data supporting several other diagnoses. directories, using a post office, etc. In the D. Documentation: The presence of a Broad-based neurophychological context of the individual’s overall situation, mental disorder should by documented assessm ents using, for exam ple, the the quality of these activities is judged by primarily on the basis of reports from H alstead-Reitan or the Luria-N ebraska their independence, appropriateness and individual providers, such as psychiatrists batteries m ay be useful in determ ining brain effectiveness. It is necessary to define the and psychologists, and facilities such as function deficiencies. In addition, the extent to w hich the individual is capable of hospitals and clinics. Adequate descriptions procress of taking a standardized test initiating and participating in activities of functional limitations must be obtained requires concentration and task persistence; independent of supervision or direction. from these or other sources which may perform ance on such tests m ay provide useful 2 . Social functioning refers to an include programs and facilities where the data about a claim ant’s ability to perform individual's capacity to interact appropriately individual has been observed over a w ork tasks in other settings. Test results and com m unicate effectively w ith other considerable period of time, should, therefore, include both the objective individuals. Social functioning includes the Information from both medical and data and a narrative description of clinical ability to get along w ith others, e.g., fam ily nonmedical sources may be used to obtain findings. N arrative reports of intellectual m em bers, friends, neighbors, grocery clerks, detailed descriptions of the individual’s assessm ent should include a discussion of landlords, bus drivers, etc. Im paired social activities of daily living, social functioning, w hether or not obtained IQ scores are functioning m ay be dem onstrated by a ability to concentrate and persist, or ability considered valid and consistent with the history of altercations, evictions, firings, fear to tolerate increased mental demands individual’s developm ents history and degree of strangers, avoidance of interpersonal (stress). This information can be provided by of functional restriction. relationships, social isolation, etc. Strength in programs such as community mental health In cases involving im paired intellectual social functioning m ay be docum ented by an centers, day care centers, sheltered functioning, a standardized intelligence test individual's ability to initiate social contacts workshops, eta It can be provided by others, e.g., the W A IS, should be adm inistered and Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Proposed Rules 4953

interpreted by a phychologist or psychiatrist evaluation of individuals whose evaluator to indicate w hether each of the [qualified by training and experience to symptomatology is controlled or attenuated paragraph A criteria are present or absent. If perform such an evaluation. In special by psychosocial factors must consider the the requirem ents of paragraph A are m et, it is circumstances, nonverbal m easures, such as ability of the individual to function outside of then necessary to rate the degree of the Raven Progressive M atrices, the Leither such highly structured settings. (For these functional loss w hich affects the individual’s international scale, or the A rthur adaptation reasons the paragraph C criteria were added ability to w ork (paragraph B criteria). This of the Leiter m ay be substituted. to Listings 1 2 .0 3 a n d 1 2 .0 6 .) rating must be done on a scale that ranges Identical IQ scores obtained from different G . Effects of Medication: Attention must be from no lim itation to the level of severity . , tests do not alw ays reflect a sim ilar degree of given to the effect of m edication on the indicated in those criteria. i intellectual functioning. In this connection, it individual’s signs, sym ptom s and ability to - For the first tw o paragraph B criteria must be noted that on the W A IS, perhaps function. W hile psychotropic m edications (activities of daily living and social currently the m ost w idely used m easure of m ay control certain prim ary m anifestations functioning), the rating o f lim itation m ust be intellectual ability in adults, IQ s of 69 and of a m ental disorder, e.g., hallucinations, such done based upon the following five point below are characteristic of approxim ately the treatm ent m ay or m ay not affect the scale: none, slight, m ild, m oderate, and lowest 2 percent of the general population. In functional lim itations im posed by the m ental m arked. For the third criterion (concentration instances where other tests are adm inistered, disorder. In cases w here overt and task persistence), the follow ing five point it would be necessary to convert the IQ to the sym ptom atology is attenuated by the scale must be used: never, seldom , corresponding percentile rank in the general psychotropic m edications, particular occasional, often, and frequent. For the fourth population in order to determ ine the actual attention m ust be focused on the functional criterion (deterioration or decom pensation in degree of im pairm ent reflected by those IQ restrictions w hich m ay persist. These w ork or w ork-like situations), the following sco res. functional restrictions are also to be used as four point scale m ust be used: never, once, In cases where m ore than one IQ is the m easure of im pairm ent severity. (See the tw ice, and repeated (three or m ore). The last customarily derived from the test paragraph C criteria in Listings 12.03 and point for each of these scales represents the administered, i.e., w here verbal, perform ance, 1 2 .0 6 .) degree of lim itation called for in the criteria. and full-scale IQ s are provided as on the Neuroleptics, the medicines used in the If it is determ ined that paragraph C criteria WAIS, the low est of these is used in treatment of mental illness, may cause w ill be used in lieu of paragraph B criteria conjunction w ith listing 12.05. drowsiness, blunted affect, or other side (see listings 12.03 and 12.06), the evaluator In c a s e s where the nature of the effects involving other body systems. Such w ill, by follow ing this technique, indicate individual’s intellectual impairment is such side effects must be considered in evaluating that standard intelligence tests, as described overall impairment severity. W here adverse w hether the evidence is sufficient to establish the presence or absence of each paragraph C above, are precluded, medical reports effects of medications contribute to the specifically describing the level of impairment severity and the impairment does criterion. The evaluator w ill then indicate the intellectual, social, and physical function not meet or equal the listings but is presence or absence of each of these criteria should be obtained. Actual observations by nonetheless severe, such adverse effects must after all necessary evidence is considered. Social Security Administration or State be considered in the assessment of the Finally, the evaluator m ust, in each case, agency personnel, reports from educational mental residual functional capacity. com plete a narrative summary which shows institutions and information furnished by H . Effect of Treatment: It m ust be the significant history, exam ination, and public w elfare agencies or other reliable rem em bered that with adequate treatm ent laboratory findings that w ere considered in o b je c tiv e sources, should be considered as som e individuals suffering w ith chronic assessing the case under the A, B, and C additional evid en ce. m ental disorders not only have their criteria described in 12.00. Thus, the evidence E. Chronic M ental Impairments: Particular sym ptom s and signs am eliorated but also w ill be organized and presented in a clear, problems are often invovled in evaluating return to a level of function close to that of concise, and consistent m anner. mental impairments in individuals who have their prem orbid status. Our discussion here in A standard docum ent item izing the steps of long histories of repeated hospitalizations or 12.00H has been designed to reflect the fact this technique must be com pleted by the prolonged outpatient care with supportive that present day treatm ent of a m entally evaluator in each case at the initial, therapy and medication. Individuals with im paired individual m ay or m ay not assist in reconsideration, adm inistrative law judge chronic psychotic disorders commonly have the achievem ent of an adequate level of hearing, and Appeals Council levels (when their lives structured in such a way as to adaptation required in the w ork place, (See the A ppeals Council issues a decision). minimize stress and reduce their signs and the paragraph C criteria in Listings 12.03 and For all cases involving m ental disorders at symptoms. Such individuals may be much 1 2 .0 6 . ) the adm inistrative law judge hearing or more impaired for work than their signs and I. Technique for Application of the M ental Appeals Council level, docum entation to symptoms would indicate. The results of a Disorders Listings: In 12.00A through 12.00H, show the application of the technique w ill be single examination may not adequately key concepts that are necessary for appended to the decision. The assistance of a describe these individual’s sustained ability application of the listings are discussed. So m edical advisor will be utilized as described to function. It is, therefore, vital to review all that these concepts will be effectively utilized i n 1 2 .0 0 1 . pertinent information relative to the in the evaluation of all mental disorders, W hen a m edical advisor is utilized by an individual’s condition, especially at times of 12.001 introduces the technique that must be adm inistrative law judge, the advisor will increased stress. It is mandatory to attempt follow ed at each adm inistrative level in that give his or her opinion on the docum ent, jo obtain adequate descriptive information evaluation. This w ill ensure that (1) all referred to in 12.001, w hich w ill be included in from all sources which have treated the evidence necessary for application of the the record and considered by the individual either currently or in the time listings is obtained, (2) all aspects of the adm inistrative law judge or A ppeals Council. period relevant to the decision. m ental disorder(s) relevant to the individual’s A m edical advisor w ill be utilized except as F. Effects of Structured Settings: ability to work are considered and evaluated described in the following paragraphs of Particularly in cases involving chronic mental in accordance w ith the listings, and (3) all 1 2 .0 0 1 . disorders, overt symptomatology may be evidence obtained is organized and presented W hen the record includes such a document controlled or attenuated by psychosocial in a clear, concise, and consistent m anner. previously com pleted by a physician or factors such a placement in a hospital or To ensure that all evidence needed for psychologist designated by the Secretary, the °ard and care facility. Highly structured and application of the listings is obtained, this opinion of a m edical advisor is not needed, supportive settings may greatly reduce the technique requires the evaluator to indicate unless in the judgm ent of the adm inistrative mental demands place on an individual. With w hether the evidence is sufficient to rate law judge or the A ppeals Council, the owered mental demands, overt signs and each of the specific criteria that are docum ent is incom plete or inaccurate. symptoms of thè underlying mental disorder applicable for the listing in question. To W here new evidence is subm itted, a juay be minimized. At the same time, ensure that all aspects of the m ental disorder m edical advisor is needed except when the ovvever, the individual’s ability to function relevant to each individual’s ability to w ork new evidence is duplicative, irrelevant, outside of such a structured and/or are considered and evaluated in accordance im m aterial, or does indicate a change in the supportive setting m ay not have changed. An w ith the listings, this technique requires the conclusion regarding any item on the * 4954 Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Proposed Rules

docum ent previously com pleted by a both A and B are satified, or when the d. Inflated self-esteem; or physician or psychologist designated by the requirements in C are satisfied. e. Decreased need for sleep; or S e c r e t a r y . A. Medically documented persistence, f. Easy disfractability; or At the hearing level, if evidence that w as either continuous or intermittent, of one or g. Involvement in activities that have a high previously available is subm itted in more of the following: probability of painful consequences which connection with the request for hearing and 1. Delusions or hallucinations;! or aré not recognized; or there is no apparent reason why It w as not 2. Catatonic or other grossly disorganized 3. Bipolar syndrome with episodic periods previously obtained, the adm inistrative law behavior; or manifested by the full symptomatic picture of judge m ay, at his or her discretion, rem and 3. Incoherence, loosening of associations, either or both manic and depressive the case to the State agency for further illogical thinking, or poverty of content of consideration and, if necessary, further syndromes; and speech if associated with one of the B. Resulting in at least two of the following: developm ent. In the alternative, the following: adm inistrative law judge w ill apply the 1. Marked restriction of activities of daily a. Blunt affect; or living; or technique w ith the assistance of a m edical b. Flat affect; or, advisor as described in 12.001. If a favorable 2. Marked difficulties' in maintaining social c. Inappropriate affect; functioning; or decision can be m ade based on the evidence, or 3. Deficiencies of concentration and the adm inistrative law judge must apply the 4. Emotional withdrawal and/or isolation; technique at the hearing level to avoid delay and persistence resulting in frequent failure to of the decision. B. Resulting in at least two of the following: complete tasks (in work settings or elsewhere); or 12.01 Category of Impairments—Mental 1. Marked restriction of activities of daily living; or 4. Repeated episodes of deterioration or 12.02 Organic Mental Disorders 2. Marked difficulties in maintaining social decompensation in work or work-like (Psychological or behavioral abnorm alities functioning; or situations which cause the individual to associated w ith a dysfunction of the brain. 3. withdraw from that situation and/or to History and physical exam ination or Deficiencies of concentration and persistence resulting in frequent failure to experience exacerbation of signs and laboratory tests dem onstrate the presence of symptoms. a specific organic factor judged to be complete tasks (in work settings or elsewhere); or 1 2 .0 5 Mental Retardation (Developmental etiologically related to the abnorm al m ental disorders characterized by a life-long pattern state and loss of previously acquired 4. Repeated episodes of deterioration or decompensation in work or work-like of below average intellectual functioning and functional abilities.) a failure to develop adaptive behaviors.) The required level of severity for these situations which cause the individual to withdraw from that situation and/or to The required level of severity for this disorders is m et w hen the requirem ents in disorder is met when the requirements in A both A and B are satisfied. experience exacerbation of signs and symptoms; or B, or C are satisfied. A. Dem onstration of a loss of specific A. Severe and profound mental retardation cognitive abilities or affective changes and C. Medically documented history of one or more episodes of acute symptoms, signs and as manifested by a failure to develop even the m edically docum ented persistence of at the most primitive of self-help skills (e.g., least one of the following: functional limitations described in A and B of this listing, although these symptoms or signs toilet training, dressing, washing, etc.) and 1. D isorientation to tim e and place; or requiring custodial care; or 2. M em ory im pairm ent, either short-term are currently attenuated by medication or B. A valid performance, verbal or full (inability to learn new inform ation), psychosocial support, and one of the scale IQ of 59 or less; or interm ediate, or long-term (inability to following: C. A valid performance, verbal, or full scale rem em ber inform ation that w as known 1. Repeated deterioration with increased som etim e in the past); or mental demands requiring substantial IQ of 60 to 69 inclusive with two of the follow in g: 3. Perceptual or thinking disturbances (e.g., increases in mental health services and hallucinations, delusions); or withdrawal from the stressful environment; 1. Marked restriction of activities of daily 4. Change in personality; or or living; or 5. D isturbance in mood; or 2. Documented current history of two or 2. Marked difficulties in maintaining social 6. Em otional lability (e.g., explosive tem per more years of inability to function outside of functioning; or outbursts, sudden crying, etc.) and a highly supportive living situation. 3. Deficiencies of concentration and im pairm ent in im pulse control; or 12,04 Affective Disorders (Characterized persistence resulting in frequent failure to 7. Dem entia involving loss of m easured by a disturbance of mood, accompanied by a complete tasks (in work settings or intellectual ability of at least 1 5 1.Q. points full or partial manic or depressive syndrome.. elsewhere); or from prem orbid levels or overall im pairm ent Mood refers to a prolonged emotion that 4. Repeated episodes of deterioration or index clearly w ithin the severely im paired colors the whole psychic life; it generally decompensation in work or work-like range on the Luria-N ebraska or H alstead- involves either depression or elation.) situations which cause the individual to Reitan; and The required level of severity for these withdraw from that situation and/or to B. Resulting in at least tw o of the following: disorders is met when the requirements in experience exacerbation of signs and 1. M arked restriction of activities of daily both A and B are satisfied. symptoms. l iv i n g ; o r A. Medically documented persistence, 1 2 .0 6 Anxiety Related Disorders (In these 2. M arked difficulties in m aintaining social either continuous or intermittent, of one of disorders anxiety is either the predominate functioning; or the following: disturbance or it is experienced if the 3. D eficiencies of concentration and 1. Depressive syndrome characterized by at individual attempts to master symptoms; for presistence resulting in frequent failure to least four of the following:. example, confronting the dreaded object or com plete tasks (in w ork settings or a. Anhedonia; or situation ini a phobic disorder or resisting the elsew here); or b. Appetite disturbance with change in obsessions or compulsions in obsessive 4. Repeated episodes of deterioration or weight; or compulsive disorders.) decom pensation in w ork or w ork-like c. Sleep disturbance; or The required level of severity for these situations w hich cause the individual to d. Psychomotor agitation or retardation; or disorders is met when the requirements in w ithdraw from that situation and/or to e. Decreased energy: or both A and B are satisfied, or when the experience exacerbation of signs and f. Feelings or guilt or worthlessness; or requirements in both A and C are satisfied. s y m p t o m s . g. Difficulty concentrating or thinking; or A. Medically documented findings of at 1 2 .0 3 Schizophrenic, Paranoid and Other h. Thoughts of suicide; or $ least one of the following: Psychotic Disorders (Characterized by the 2. Manic syndrome characterized by at 1. Generalized persistent anxiety onset of psychotic features with deterioration least three of the following: accompanied by three out of four of the from a previous level of functioning.) a. Hyperactivity; or following signs or symptoms: The required level of severity for these b. Pressure of speech; or a. Motor tension; or disorders is m et w hen the requirem ents in c. Flight of ideas; or b. Automatic hyperactivity; or Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Proposed Rules 4955

I c. Apprehensive expectation; or 2. Persistent nonorganic disturbance of one 3. Oddities of thought, perception, speech [ d. Vigilance and scanning; or of the following: and behavior; or I 2. A persistent irrational fear of a specific a. Vision; or 4. Persistent disturbances of mood or object, activity, or situation which Fesults in a b. Speech; or afreet; or compelling desire to avoid the dreaded c. Hearing; or 5. Pathological dependence, passivity, or object, activity, or situation; or d. Use of a limb; or aggressivity; or [ 3. Recurrent severe panic attacks e. Psychogenic seizures; or 6. Intense and unstable interpersonal manifested by a sudden unpredictable onset f. Coordination disturbance; or relationships and impulsive and damaging of intense apprehension, fear, terror and g. Akinesia; or behavior; and [sense of impending doom occurring on the h. Dyskinesia; or B. Resulting in three of the following: ; average of at least once a week; or i. Anesthesia; or 1. Marked restriction of activities of daily ' 4. Recurrent obsessions or compulsions 3. Unrealistic interpretation of physical living; or | which are a source of marked distress; or signs or sensations associated with the 2. Marked difficulties in maintaining social 5. Recurrent and intrusive recollections of a functioning; or traumatic experience, which are a source of preoccupation or belief that one has a serious disease or injury; and 3. Difficiencies of concentration and marked distress: and persistence resulting in frequent failure to B. Resulting in at least two of the following: B. Resulting in three of the following: 1. Marked restriction of activities of daily complete tasks (in work settings or 1. Marked restriction of activities of daily elsewhere); or living; or living; or 2. Marked difficulties in maintaining social 4. Repeated episodes of deterioration or 2. Marked difficulties in maintaining social decompensation in work or work-like functioning; or functioning; or 3. Difficiencies of concentration and situations which cause the individual to 3. Deficiencies of concentration and withdraw from that situation and/or to persistence resulting in frequent failure to persistence resulting in frequent failure to complete tasks (in work settings or experience exacerbation of signs and complete tasks (in work settings or symptoms. elsewhere); or elsewhere); or 4. Repeated episodes of deterioration or 12.09 Substance Addiction Disorders 4. Repeated episodes of deterioration or (Behavioral changes or physical changes decompensation in work or work-like decompensation in work or work-like situations which cause the individual to - associated with the regular use of substances situations which cause the individual to that affect the central nervous system.) withdraw from that situation and/or to withdraw from that situation and/or to experience exacerbation of signs and The required level of severity for these experience exacerbation of signs and disorders is met when the requirements in symptoms; or symptoms. 12.08 Personality Disorders (A any of the following (A through I) are C. Resulting in complete inability to , satisfied. personality disorder exists when personality function independently outside the area of A. Chronic brain damage. Evaluate under one's home. traits are inflexible and maladaptive and 12.02. Somatoform Disorders 12.07 (Physical cause either significant impairment in social B. Depressive syndrome. Evaluate under symptoms for which there are no or occupational functioning or subjective 12.04. demonstrable organic findings or known distress. Characteristic features are typical of physiological mechanisms.) C. Anxiety disorders. Evaluate under 12.06. the individual’s long-term functioning and are D. Personality disorders. Evaluate under The required level of severity for these not limited to discrete episodes of illness.) 12.08. disorders is met when the requirements in The required level of severity for these both A and B are satisfied. E. Peripheral neuropathies. Evaluate under disorders is met when the requirements in 11.14. both A and B are satisfied. F. Liver damage. Evaluate under 5.05. A. Deeply ingrained, maladaptive patterns G. Gastritis. Evaluate under 5.04. of behavior associated with one of the H. Pancreatitis. Evaluate under 5.08. following: L Seizures. Evaluate under 11.02 or 11.03. 1. Seclusiveness or autistic thinking; or 2. Pathologically inappropriate [FR Doc. 85-2745 Filed 2-1-85; 8:45 am) suspiciousness or hostility; or BILLING CODE 4 190-11-M

1

Reader Aids Federal Register Vol. 50, No. 23 Monday, February 4, 1985

INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING FEBRUARY SUBSCRIPTIONS AND ORDERS At the end of each month, the Office of the Federal Register Subscriptions (public) 202-783-3238 publishes separately a List of CFR Sections Affected (LSA), which Problems with subscriptions 2 7 5-30 54 lists parts and sections affected by documents published since Subscriptions (Federal agencies) 5 2 3-52 40 the revision date of each title. Single copies, back copies of FR 7 8 3-32 38 Magnetic tapes of FR, CFR volumes 2 7 5-28 67 3 CFR 24 CFR Public laws (Slip laws) 27 5 -3 0 3 0 Executive Orders: 205...... 4646 PUBLICATIONS AND SERVICES 12504...... 4849 207...... 4646 Proclamations 213...... 4646 Daily Federal R egister 5295...... 4621 220...... 4646 General information, index, and finding aids 5 2 3-52 27 5296...... 4623 221...... 4646 Public inspection desk 52 3 -5 2 1 5 5297...... 4847 232...... 4646 Corrections 52 3 -5 2 3 7 234...... 4646 Document drafting information 5 2 3-52 37 7 CFR 242...... 4646 Legal staff 5 2 3-45 34 301...... 4851 244...... 4646 Machine readable documents, specifications 5 2 3-34 08 354...... 4625 250...... 4646 Code of Federal Regulations 443...... 4625 251...... 4646 255...... 4646 General information, index, add finding aids 5 2 3-52 27 449...... 4629 Printing schedules and pricing information 5 2 3-34 19 701...... 4634 26 CFR 907...... 4853 Laws 910...... 4634 Proposed Rules: Indexes 5 2 3-52 82 920...... 4854 1 (3 documents)...... 4701, 4702 Law numbers and dates 5 2 3-52 82 1434...... 4635 29 CFR 5 2 3-52 66 Presidential D ocum ents 8 CFR 1601...... 4648 1910...... 4648 Executive orders and proclamations 5 2 3-52 30 Proposed Rules: Public Papers of the President 5 2 3-52 30 Ch. IV...... 4693 30 CFR Weekly Compilation of Presidential Documents 5 2 3-52 30 212...... 4865 1004...... 4694 Proposed Rules: United States G overnm ent Manual 5 2 3-52 30 942...... 4704 Other Services 10 CFR 33 CFR Library 52 3 -4 9 8 6 Proposed Rules: 100...... 4860 Privacy Act Compilation 52 3 -4 5 3 4 71...... 4866 165...... 4860 TDD for the deaf 52 3 -5 2 2 9 12 CFR 34 CFR FEDERAL REGISTER PAGES AND DATES, FEBRUARY 701...... 4636 222...... 4862 Proposed Rules: 4621-4846 ...... 1 701...... 4698 38 CFR 4847-4956...... 4 Proposed Rules: 14 CFR 14...... 4708 39...... 4857 71....:...... 4857 39 CFR 97...... 4639 111...... 4709 Proposed Rules: 39...... 4867-4870 40 CFR Proposed Rules: 18 CFR 471...... 4872 271...... 4640 468...... 4872 Proposed Rules: 46 CFR 157...... 4871 Proposed Rules: 284...... 4871 12...... 4875 20 CFR 67...... 4877 Proposed Rules: 47 CFR 404...... 4948 1...... 4649 2...... 4650-4658 21 CFR 15...... 4664 5...... 4858 73...... 4658-4685 81 (2 documents).... 4641, 4642 74...... 4655 175...... 4643 76...... 4658 176...... 4643 97...... 4686 178...... 4859 Proposed Rules: Proposed Rules: Ch. 1...... 4711 341...... 4872 73...... 4712, 4713 ii Federal Register / Vol. 50, No. 23 / Monday, February 4, 1985 / Reader Aids

48CFR Ch. 5...... 4862

49CFR 1312...... 4863 50 CFR 17----- 4938 Proposed Rules: 21------4877

LIST OF PUBLIC LAWS

Note: No public bills which have become law were received by the Office of the Federal Register for inclusion in today’s List of Public Laws. Last list January 14, 1985 Federal Register / Vol. 50, No. 23 / Monday, February 4,1985 / Reader Aids iii

CFR CHECKLIST Title Price Revision Date 400-End...... 12.00 Jan. 1, 1984 (This checklist, prepared by the Office of the Federal Register, is 16 Parts: ¡published weekly. It is arranged in the order of CFR titles, prices, and 0 - 149...... 9.00 Jan. 1, 1984 revision dates. 150-999...... 9.50 Jan. 1, 1984 An asterisk (*) precedes each entry that has been issued since last 1000-End...... 13.00 Jan. 1, 1984 [week and which is now available for sale at the Government Printing 17 Parts: [Office. 1- 239..... 14.00 Apr. 1, 1984 [New units issued during the week are announced on the back cover of 240-End...... 13.00 Apr. 1, 1984 the daily Federal Register as they become available. 18 Parts: A checklist of current CFR volumes comprising a complete CFR set, 1-149...... 12.00 Apr. 1, 1984 also appears in the latest issue of the LSA (List of CFR Sections 150-399...... !...... 15.00 Apr. 1, 1984 Affected), which is revised monthly. 400-End...... 6.50 Apr. 1, 1984 The annual rate for subscription to all revised volumes is $550 19 17.00 Apr. 1, 1984 domestic, $137.50 additional for foreign mailing. 20 Parts: [Order from Superintendent of Documents, Government Printing Office, 1-399...... 7.50 Apr. 1, 1984 Washington, D.C. 20402. Charge orders (VISA, MasterCard, or GPO 400-499...... 1 3 .0 0 Apr. 1, 1984 Deposit Account) may be telephoned to the GPO order desk at (202) 500-End...... 14.00 Apr. 1, 1984 783-3238 from 8:00 a.m. to 4:00 p.m. eastern time, Monday—Friday 21 Parts: (except holidays).

Title Price Revision Date Title Price R evisio n Date 32 Parts: 43 Parts: 1-39, Vol. 1...... July 1, 1984 1-999...... 9.50 1-39, Vol. II...... Oct. 1,1984 July 1, 1984 1000-3999...... „...... 14.00 Oct. 1,1983 1-39, Vol. Ill...... July 1, 1984 4000-End...... 8.00 40-189...... Oct. 1,1984 July 1, 1984 44 13.00 Oct. 1, 1984 190-399...... July 1, 1984 400-629...... July 1, 1984 45 Parts: 1-199...... 9.50 630-699...... July 1, 1984 Oct. 1.1984 700-799...... July 1, 1984 200-499...... 6.50 Oct. 1,1984 800-999...... July 1, 1984 500-1199...... 13.00 Oct. 1,1984 1200-End...... „ ...... 9.50 1000-End...... July 1, 1984 Oct. 1,1984 33 Parts: 46 Parts: 1-199...... 1-40..... !...... i...... 9.50 Oct. 1,1984 July 1, 1984 41-69...... 9.50 200-End...... July 1, 1984 Oct. 1,1984 70-89...... 6.00 Oct. 1,1984 34 Parts: 90-139...... 9.00 1-299...... Oct. 1, 1984 July 1, 1984 140-155...... 9.50 Oct. 1,1984 300-399...... July 1, 1984 156-165...... 10.00 Oct. 1,1984 400-End...... July 1, 1984 166-199...... 9.00 Oct. 1,1984 35 7.50 July 1, 1984 200-499...... 13.00 Oct. 1,1984 36 Parts: 400-End...... 7.00 Oct. 1.1983 1-199...... July 1, 1984 47 Parts: 200-End...... July 1, 1984 0 - 19...... 13.00 Oct. 1. 1984 37 8.00 July 1, 1984 20-69...... 14.00 Oct. 1,1983 38 Parts: 70-79...... 13.00 Oct. 1,1984 *80-End...... 14.00 0-17...... July 1, 1984 Oct. 1,1984 18-End...... July 1, 1984 48 Chapters: 39 8.00 July 1, 1984 1 (Parts 1-51)...... 13.00 Oct. 1,1984 1 (Parts 52-99)______13.00 Oct. 1,1984 40 Parts: 2 . 13.00 Oct. 1,1984 1-51...... July 1, 1984 52...... *7-14...... 14.00 Oct. 1.1984 July 1, 1984 15-End...... 12.00 Oct. 1,1984 53-80...... July 1, 1984 81-99...... July 1, 1984 49 Parts: 100-149...... July 1, 1984 1- 99...... 7.50 Oct. 1,1984 150-189...... July 1, 1984 100-177...... 14.00 Nov. 1, 1983 190-399...... July 1, 1984 178-199...... 13.00 Nov. 1,1983 400-424...... July 1, 1984 200-399...... 13.00 Oct. 1,1984 425-End...... July 1, 1984 400-999.... 13.00 Oct. 1, 1984 1000-1199...... 13.00 Oct. 1,1984 41 Chapters: 1,1-1 to 1-10...... 1200-1299..... 13.00 Oct. 1,1984 July 1, 1984 1300-End...... 3.75 Oct. 1,1984 1. 1-11 to Appendix, 2 (2 Reserved)...... 13.00 July 1, 1984 3-6...... l l l l v 1 1 QO j| 50 Parts: 7...... l u l u 1 l O f l A 1-199...... 9.00 Oct. 1,1983 8...... July 1, 1984 200-End...... 13.00 Oct. 1,1983 9...... July 1, 1984 CFR Index and Findings Aids...... 17.00 Jan. 1,1984 10-17...... July 1, 1984 18, Vol. 1, Parts 1-5...... 13 00 July 1, 1984 Complete 1985 CFR set...... 550.00 1985 18, Vol. H, Parts 6-19...... July 1, 1984 Microfiche CFR Edition: 18, Vol. Ill, Parts 20-52...... July 1, 1984 19-100...... Complete set (one-time mailing)...... 155.00 1983 July 1, 1984 Subscription (mailed as issued)...... 200.00 1984 1 0 1 ...... July 1, 1984 1984 102-End...... Individual copies...... 2.25 July 1, 1984 Subscription (mailed as issued)...... 185.00 1985 42 Parts: Individual copies...... 3.75 1985 1-60...... Oct. 1, 1984 61-399...... 1 No amendments to this volume were promulgated during the period Apr. I, 1980 fo Mordi Oct. 1, 1984 31. 1984. The CFR volume issued os of Apr. 1, 1980, should be retained. 400-End...... Oct. 1. 1984 Date

1984 1983 1984 1984

1984 1984 1984 1984

1984 1984 1984 1984 1984 1984 1984 1984 1983

1984 1983 1984 1984

1984 1984 1984 1984 1984

1984 1983 1983 1984 1984 1984 1984 1984

1983 1983

1984

1985

1983 1984 1984 1985 1985

Mordi 2-5- Vol.

iü ? r * ^