Pages 55309±55422 Vol. 60 10±31±95 No. 210 federal register October 31,1995 Tuesday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995
SUBSCRIPTIONS AND COPIES
PUBLIC Subscriptions: Paper or fiche 202–512–1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512–1806 (not published on Saturdays, Sundays, or on official holidays), by Online: the Office of the Federal Register, National Archives and Records Telnet swais.access.gpo.gov, login as newuser
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Contents Federal Register Vol. 60, No. 210
Tuesday, October 31, 1995
Agricultural Marketing Service Energy Department RULES See Federal Energy Regulatory Commission Milk marketing orders: NOTICES Middle Atlantic, 55309–55310 Environmental statements; availability, etc.: PROPOSED RULES Savannah River Site, SC— Filberts/hazelnuts grown in Oregon and Washington, Interim management of nuclear materials, 55367–55369 55333–55337 Meetings: NOTICES Environmental Management Site-Specific Advisory Meetings: Board, 55369 Tobacco auction market establishment— Sanford, Carthage, and Aberdeen, NC, 55361 Environmental Protection Agency RULES Agriculture Department Air programs: See Agricultural Marketing Service Outer Continental Shelf regulations— Florida, 55326–55329 Commerce Department Air quality implementation plans; approval and See International Trade Administration promulgation; various States; air quality planning See National Oceanic and Atmospheric Administration purposes; designation of areas: Connecticut, 55316–55321 Committee for the Implementation of Textile Agreements Maryland, 55321–55326 NOTICES Air quality implementation plans; approval and Cotton, wool, and man-made textiles: promulgation; various States: China, 55365 California, 55312–55316 El Salvador, 55364–55365 PROPOSED RULES Air quality implementation plans; approval and Defense Department promulgation; various States; air quality planning See Navy Department purposes; designation of areas: Maryland, 55355–55358 Defense Nuclear Facilities Safety Board Air quality implementation plans; approval and NOTICES promulgation; various States: Meetings; Sunshine Act, 55410 California, 55354–55355 Connecticut, 55354 NOTICES Drug Enforcement Administration Committees; establishment, renewal, termination, etc.: RULES Acute Exposure Guideline Levels for Hazardous Munufacturers, distributors, and dispensers of controlled Substances National Advisory Committee, 55376– substances; registration, etc.: 55377 Researchers coincident activities; clarification; policy statement, 55310–55311 Farm Credit Administration PROPOSED RULES NOTICES Federal Food, Drug, and Cosmetic Act: Meetings; Sunshine Act, 55410 Pseudoephedrine products; exemption removed, 55348– 55353 Federal Aviation Administration PROPOSED RULES Education Department Airworthiness directives: NOTICES Pratt & Whitney, 55337–55339 Meetings: National Assessment Governing Board, 55366–55367 Federal Communications Commission National Educational Research Policy and Priorities RULES Board, 55367 Radio stations; table of assignments: California, 55332 Employment and Training Administration Virginia, 55331–55332 PROPOSED RULES PROPOSED RULES North American Free Trade Agreement (NAFTA): Radio stations; table of assignments: Nonimmigrants on H–1B visas employed in specialty Oregon, 55358 occupations and as fashion models; labor condition NOTICES applications and employer requirements Rulemaking proceedings; petitions filed, granted, denied, Wage recordkeeping requirements; comment request, etc.; correction, 55377 55339–55348 Federal Deposit Insurance Corporation Employment Standards Administration NOTICES See Wage and Hour Division Meetings; Sunshine Act, 55410 IV Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Contents
Federal Election Commission Internal Revenue Service NOTICES RULES Special elections; filing dates: Income taxes: California, 55377–55378 Conduit arrangements regulations Corrections, 55311–55312 NOTICES Federal Emergency Management Agency Meetings: RULES Commissioner’s Advisory Group, 55409 Flood insurance; communities eligible for sale: Indiana et al., 55329–55331 NOTICES International Trade Administration Disaster and emergency areas: NOTICES Alabama, 55378 Antidumping: Alaska, 55379 Chrome-plated lug nuts from— Florida, 55378–55379 Taiwan, 55361–55362 Georgia, 55378 Pressure sensitive plastic tape from— Italy, 55362–55363 Sugar from— Federal Energy Regulatory Commission Germany, 55361 NOTICES Export trade certificates of review, 55363–55364 Electric rate and corporate regulation filings: C.C. Pace Energy Services et al., 55374–55376 Interstate Commerce Commission Applications, hearings, determinations, etc.: NOTICES Alabama-Tennessee Natural Gas Co., 55369 Meetings; Sunshine Act, 55410–55411 Algonquin Gas Transmission Co., 55373 ANR Pipeline Co., 55371 Justice Department Central Illinois Light Co., 55373 See Drug Enforcement Administration Columbia Gas Transmission Corp., 55372 Columbia Gulf Transmission Co., 55372 NorAm Gas Transmission Co., 55371 Labor Department Northern Natural Gas Co., 55371 See Employment and Training Administration Northwest Pipeline Corp., 55372–55373 See Mine Safety and Health Administration Questar Pipeline Co., 55373–55374 See Wage and Hour Division NOTICES Southern Natural Gas Co., 55370, 55372 Meetings: Transcontinental Gas Pipe Line Corp., 55370–55371 Trade Negotiations and Trade Policy Labor Advisory Williams Natural Gas Co., 55371–55372 Committee, 55383–55384 Young Gas Storage Co., Ltd., 55369–55370 Land Management Bureau Federal Housing Finance Board NOTICES NOTICES Resource management plans, etc.: Meetings; Sunshine Act, 55410 Dixie Resource Area, UT, 55380–55381
Federal Maritime Commission Merit Systems Protection Board NOTICES NOTICES Agreements filed, etc., 55379 Meetings; Sunshine Act, 55411 Freight forwarder licenses: Seacrest Associates, Inc., et al., 55379–55380 Mine Safety and Health Administration PROPOSED RULES Coal mine safety and health: Federal Trade Commission Underground coal mines— RULES Flame-resistant conveyor belts; requirements for Energy Policy and Conservation Act: approval, 55353–55354 Recycled oil; test procedures and labeling standards, 55414–55422 National Oceanic and Atmospheric Administration PROPOSED RULES Fish and Wildlife Service Fishery conservation and management: NOTICES Gulf of Mexico reef fish, 55359 Endangered and threatened species permit applications, 55381–55382 National Park Service Meetings: NOTICES Silvio Conte National Fish and Wildlife Refuge Advisory National Register of Historic Places: Committee, 55382 Pending nominations, 55382–55383
Interior Department Navy Department See Fish and Wildlife Service NOTICES See Land Management Bureau Environmental statements; availability, etc.: See National Park Service Defense Department Housing Facility, Novato, CA, 55366 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Contents V
Nuclear Regulatory Commission Textile Agreements Implementation Committee PROPOSED RULES See Committee for the Implementation of Textile Meetings: Agreements Nuclear power plants; personnel access authorization requirements, 55337 NOTICES Transportation Department Petitions; Director’s decisions: See Federal Aviation Administration Consumers Power Co., 55388–55389 NOTICES Sequoyah Fuels Corp., 55384–55388 Aviation proceedings: Agreements filed; weekly receipts, 55407 Securities and Exchange Commission Hearings, etc.— NOTICES LorAir, Ltd., 55407–55408 Meetings: Foreign air carriers; examination of expanded economic Consumer Affairs Advisory Committee, 55391 authority request; clarification, 55408 Securities: Meetings: Distributions of certain Dutch securities; Rules 10b–6, Transportation Statistics Advisory Council, 55408–55409 10b–7, and 10b–8; exemptions, 55391–55399 Self-regulatory organizations: Clearing agency registration applications— Treasury Department International Securities Clearing Corp., 55399 See Internal Revenue Service Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc.; correction, 55412 Wage and Hour Division National Association of Securities Dealers, Inc.; PROPOSED RULES correction, 55412 North American Free Trade Agreement (NAFTA): New York Stock Exchange, Inc., 55403–55404 Nonimmigrants on H–1B visas employed in specialty New York Stock Exchange, Inc., et al., 55399–55403 occupations and as fashion models; labor condition Applications, hearings, determinations, etc.: applications and employer requirements Advantage Municipal Bond Fund, 55390–55391 Wage recordkeeping requirements; comment request, Internationale Nederlanden Bank N.V. et al., 55389– 55339–55348 55390 PaineWebber Premier Intermediate Tax-Free Income Fund Inc.; correction, 55412 Separate Parts In This Issue Small Business Administration NOTICES Disaster loan areas: Part II Alabama, 55405 Federal Trade Commission, 55414–55422 Florida, 55404–55405 Georgia, 55405–55406
Social Security Administration Reader Aids NOTICES Additional information, including a list of public laws, Social security rulings: telephone numbers, and finding aids, appears in the Reader Allegations of pain and other symptoms; consideration in Aids section at the end of this issue. residual functional capacity and individualized functional assessments, etc., 55406–55407
State Department Electronic Bulletin Board NOTICES Free Electronic Bulletin Board service for Public Law Meetings: numbers, Federal Register finding aids, and a list of International Joint Commission on Canada-U.S. Air documents on public inspection is available on 202–275– Quality Agreement, 55407 1538 or 275–0920. VI Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Contents
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 1004...... 55309 Proposed Rules: 982...... 55333 10 CFR Proposed Rules: 73...... 55337 14 CFR Proposed Rules: 39...... 55337 16 CFR 311...... 55414 20 CFR Proposed Rules: 655...... 55339 21 CFR 1301...... 55310 Proposed Rules: 1309...... 55348 1310...... 55348 1313...... 55348 26 CFR 1...... 55311 29 CFR Proposed Rules: 507...... 55339 30 CFR Proposed Rules: 14...... 55353 18...... 55353 75...... 55353 40 CFR 52 (4 documents) ...... 55312, 55314, 55316, 55321 55...... 55326 81 (2 documents) ...... 55316, 55321 Proposed Rules: 52 (4 documents) ...... 55354, 55355, 55358 81...... 55358 44 CFR 64...... 55329 47 CFR 73 (2 documents) ...... 55331, 55332 Proposed Rules: 73...... 55358 50 CFR Proposed Rules: 641...... 55359 55309
Rules and Regulations Federal Register Vol. 60, No. 210
Tuesday, October 31, 1995
This section of the FEDERAL REGISTER Title 5 of the United States Code and, Suspension of Rule: Issued August 17, contains regulatory documents having general therefore, is excluded from the 1995; published August 24, 1995 (60 FR applicability and legal effect, most of which requirements of Executive Order 12866. 43953). are keyed to and codified in the Code of The Regulatory Flexibility Act (5 Final Decision: Issued September 13, Federal Regulations, which is published under U.S.C. 601–612) requires the Agency to 1995; published September 21, 1995 (60 50 titles pursuant to 44 U.S.C. 1510. examine the impact of a proposed rule FR 48924). on small entities. Pursuant to 5 U.S.C. The Code of Federal Regulations is sold by Findings and Determinations the Superintendent of Documents. Prices of 605(b), the Administrator of the new books are listed in the first FEDERAL Agricultural Marketing Service has The findings and determinations REGISTER issue of each week. certified that this rule will not have a hereinafter set forth supplement those significant economic impact on a that were made when the Middle substantial number of small entities. Atlantic order was first issued and when DEPARTMENT OF AGRICULTURE The amended order will promote more it was amended. The previous findings orderly marketing of milk by producers and determinations are hereby ratified Agricultural Marketing Service and regulated handlers. and confirmed, except where they may This final rule has been reviewed conflict with those set forth herein. 7 CFR Part 1004 under Executive Order 12778, Civil (a) Findings upon the basis of the [Docket No. AO±160±A71; DA±93±30] Justice Reform. This rule is not intended hearing record. Pursuant to the to have a retroactive effect. This rule provisions of the Agricultural Marketing Milk in the Middle Atlantic Marketing will not preempt any state or local laws, Agreement Act of 1937, as amended (7 Area; Order Amending the Order regulations, or policies, unless they U.S.C. 601–674), and the applicable present an irreconcilable conflict with rules of practice and procedure AGENCY: Agricultural Marketing Service, governing the formulation of marketing USDA. this rule. The Agricultural Marketing agreements and marketing orders (7 CFR ACTION: Final rule. Agreement Act of 1937, as amended (7 Part 900), a public hearing was held SUMMARY: This final rule implements U.S.C. 601–674), provides that upon certain proposed amendments to changes in some provisions of the administrative proceedings must be the tentative marketing agreement and Middle Atlantic milk marketing order exhausted before parties may file suit in to the order regulating the handling of based on industry proposals considered court. Under section 608c(15)(A) of the milk in the Middle Atlantic marketing at a public hearing. The changes reduce Act, any handler subject to an order may area. the standards for regulating distributing file with the Secretary a petition stating Upon the basis of the evidence plants and cooperative reserve that the order, any provision of the introduced at such hearing and the processing plants and increase the order, or any obligation imposed in record thereof, it is found that: amount of producer milk that can be connection with the order is not in (1) The said order as hereby amended, diverted to nonpool plants. accordance with the law and requesting and all the terms and conditions thereof, Additionally, the market administrator a modification of an order or to be will tend to effectuate the declared will be authorized to adjust pool plant exempted from the order. A handler is policy of the Act; (2) The parity prices of milk as qualification standards and producer afforded the opportunity for a hearing determined pursuant to section 2 of the milk diversion limits to reflect changes on the petition. After a hearing, the Act are not reasonable in view of the in marketing conditions. Also, this final Secretary would rule on the petition. rule provides that a pool distributing The Act provides that the district court price of feeds, available supplies of plant that meets the pooling standards of the United States in any district in feeds, and other economic conditions of more than one Federal order will which the handler is an inhabitant, or which affect market supply and demand continue to be regulated under this has its principal place of business, has for milk in the marketing area, and the order for two consecutive months before jurisdiction in equity to review the minimum prices specified in the order, regulation can shift to the other order. Secretary’s ruling on the petition, as hereby amended, are such prices as This amended order was approved by provided a bill in equity is filed not will reflect the aforesaid factors, insure producers who were eligible to have later than 20 days after the date of the a sufficient quantity of pure and their milk pooled during the entry of the ruling. wholesome milk, and be in the public representative month. Approval was A suspension (DA–95–24) of certain interest; and (3) The said order, as hereby determined by a poll of cooperative parts of §§ 1004.7 and 1004.12 issued on amended, will regulate the handling of associations in the marketing area. August 17, 1995, which alleviated the market’s pooling problems until this milk in the same manner as, and will be EFFECTIVE DATE: December 1, 1995. rulemaking proceeding could be applicable only to persons in the FOR FURTHER INFORMATION CONTACT: completed, will end when this amended respective classes of industrial and Gino M. Tosi, Marketing Specialist, order takes effect on December 1, 1995. commercial activity specified, in a USDA/AMS/Dairy Division, Order Prior documents in this proceeding: marketing agreement upon which a Formulation Branch, Room 2971, South Notice of Hearing: Issued February 25, hearing has been held. Building, P.O. Box 96456, Washington, 1994; published March 4, 1994 (59 FR (b) Determinations. It is hereby DC 20090–6456, (202) 690–1366. 10326). determined that: SUPPLEMENTARY INFORMATION: This Recommended Decision: Issued July (1) The refusal or failure of handlers administrative action is governed by the 10, 1995; published July 14, 1995 (60 FR (excluding cooperative associations provisions of Sections 556 and 557 of 36239). specified in Sec. 8c(9) of the Act) of 55310 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations more than 50 percent of the milk which products (except filled milk) transferred section may be increased or decreased is marketed within the Middle Atlantic from such cooperative association by the market administrator if the marketing area to sign a proposed plant(s) to, and the milk of member market administrator finds that such marketing agreement tends to prevent producers physically received at, pool revision is necessary to encourage the effectuation of the declared policy of plants pursuant to § 1004.7(a) is not less needed shipments or to prevent the Act; than 25 percent of the total milk of uneconomic shipments. Before making (2) The issuance of this order member producers during the month. such a finding, the market administrator amending the order is the only practical * * * * * shall investigate the need for revision means pursuant to the declared policy (g) The applicable shipping either on the market administrator’s of the Act of advancing the interests of percentage of paragraphs (a) and (b) or own initiative or at the request of producers as defined in the order as (d) of this section may be increased or interested parties. If the investigation hereby amended; and decreased by the market administrator if shows that a revision of the diversion (3) The issuance of the order the market administrator finds that such limit percentages might be appropriate, amending the order is favored by at least revision is necessary to encourage the market administrator shall issue a two-thirds of the producers who during needed shipments or to prevent notice stating that the revision is being the determined representative period uneconomic shipments. Before making considered and invite data, views and were engaged in the production of milk such a finding, the market administrator arguments. Any request for revision of for sale in the Middle Atlantic shall investigate the need for revision the diversion limit percentages shall be marketing area. either on the market administrator’s filed with the market administrator no List of Subjects in 7 CFR Part 1004 own initiative or at the request of later than the 15th day of the month interested parties. If the investigation prior to the month for which the Milk marketing orders. shows that a revision of the shipping requested revision is desired effective. Order Relative to Handling percentages might be appropriate, the Dated: October 25, 1995. It is therefore ordered, that on and market administrator shall issue a notice Shirley R. Watkins, after the effective date hereof, the stating that the revision is being Acting Assistant Secretary, Marketing and handling of milk in the Middle Atlantic considered and invite data, views and Regulatory Programs. marketing area shall be in conformity to arguments. Any request for revision of [FR Doc. 95–26918 Filed 10–30–95; 8:45 am] shipping percentages shall be filed with and in compliance with the terms and BILLING CODE 3410±02±P conditions of the order, as amended, the market administrator no later than and as hereby further amended, as the 15th day of the month prior to the month for which the requested revision follows: DEPARTMENT OF JUSTICE is desired effective. 1. The authority citation for 7 CFR 3. Section 1004.12 is amended by Drug Enforcement Administration Part 1004 continues to read as follows: revising paragraphs (d)(2)(i) and Authority: 7 U.S.C. 601–674. (d)(2)(ii) and by adding a new paragraph 21 CFR Part 1301 (g) to read as follows: PART 1004ÐMILK IN THE MIDDLE [DEA No. 131N] ATLANTIC MARKETING AREA § 1004.12 Producer. * * * * * Clarification of Coincident Activities 2. Section 1004.7 is amended by for Researchers revising paragraphs (a)(1) and (a)(4); (d) * * * revising paragraph (d)(1) and by adding (2) * * * AGENCY: Drug Enforcement a new paragraph (g) to read as follows: (i) All of the diversions of milk of Administration, DOJ. members of a cooperative association or ACTION: Policy Statement. § 1004.7 Pool Plant. a federation of cooperative associations * * * * * to nonpool plants are for the account of SUMMARY: The Drug Enforcement (a) * * * such cooperative association or Administration (DEA) is issuing a policy (1) Milk received at such plant federation, and the amount of member statement to clarify policy regarding the directly from dairy farmers (excluding milk so diverted does not exceed 55 manufacturing of controlled substances milk diverted as producer milk pursuant percent of the volume of milk of all under a researcher registration. DEA to § 1004.12, by either the plant operator members of such cooperative regulations allow a person registered or by a cooperative association, and also association or federation delivered to or with DEA or authorized to conduct excluding the milk of dairy farmers for diverted from pool plants during the research with controlled substances other markets) and from a cooperative in month. listed in Schedules II through V to its capacity as a handler pursuant to (ii) All of the diversions of milk of manufacture such substances if and to § 1004.9(c); or dairy farmers who are not members of the extent that the manufacture of such * * * * * a cooperative association diverting milk substances is set forth in a statement (4) A plant’s status as an other order for its own account during the month filed with the application for plant pursuant to paragraph (f) of this are diversions by a handler in his registration. In addition, a registered section will become effective beginning capacity as the operator of a pool plant researcher may distribute a substance the third consecutive month in which a from which the quantity of such specifically manufactured for research plant is subject to the classification and nonmember milk so diverted does not purposes to such other persons who are pricing provisions of another order. exceed 45 percent of the total of such registered or authorized to conduct * * * * * nonmember milk for which the pool chemical analysis, instructional (d) * * * plant operator is the handler during the activities or research with that (1) A reserve processing plant month. substance. This document clarifies the operated by a cooperative association at * * * * * types of manufacturing activities that which milk from dairy farmers is (g) The applicable percentages in may not be carried out as a coincident received if the total of fluid milk paragraphs (d)(2)(i) and (d)(2)(ii) of this activity under a researcher registration. Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations 55311
FOR FURTHER INFORMATION CONTACT: development (to include associated coincident activities. Any person G. Thomas Gitchel, Chief, Liaison and regulatory requirements such as seeking to manufacture controlled Policy Section, Office of Diversion production of batches as mandated by substances for such purposes must meet Control, Drug Enforcement the Food and Drug Administration the primary requirements for Administration, Washington, D.C. (FDA); or (2) distributing such material registration as a manufacturer as set 20537, Telephone: (202) 307–7297. to other research registrants for forth in 21 U.S.C. 823. SUPPLEMENTARY INFORMATION: The furtherance of dosage form development Requiring registration as a Controlled Substances Act of 1970 and associated requirements. In manufacturer for product development (CSA) sets forth a system to control and addition, several dosage form activities will present no additional prevent the diversion of controlled manufacturers have procured large obstacles, due to DEA’s Final Rule, substances. Title 21, Code of Federal quantities of Schedule II controlled published on June 20, 1995 (60 FR Regulations (21 CFR), Parts 1300 to End substances under researcher 32099, Registration of Manufacturers contains the specific regulatory registrations for use in product and Importers of Controlled requirements to implement the CSA, development. Activities of this type are Substances), to amend the regulations to including the registration, not consistent with the mandate of the eliminate the requirement of an recordkeeping, security, reporting and CSA to maintain a closed regulatory administrative hearing on objections, quota provisions. Title 21 CFR system to prevent diversion. In order to raised by third-party manufacturers, to 1301.22(a) describes the eleven ensure that all registrants understand the registration of certain bulk activities that require registration with the meaning and requirements of 21 manufacturers of controlled substances. DEA. Under this section, manufacturing CFR 1301.22 and to ensure adequate As noted in the Final Rule, DEA is and research are designated as safeguards against diversion, DEA is aware that some manufacturers have independent activities for which issuing this clarification of the attempted to use the hearing process to separate registrations are required. permissible scope of manufacturing obstruct or delay action on new However, 21 CFR 1301.22(b) describes under a researcher registration. applications for registration as a bulk specific coincident activities for which For the purposes of 21 CFR part 1301, manufacturer. This may have separate registrations are not required. the following dosage form development contributed to the practice of Specifically, 21 CFR 1301.22(b)(5) states activities are not considered research conducting product development that a person registered or authorized to and must be conducted under a activities under researcher registrations conduct research with controlled manufacturer registration: (a) activities to avoid such delays. The amendment of substances listed in Schedules II for the purpose of satisfying regulatory the hearing requirements removes any through V shall be authorized, among requirements such as FDA submissions such justification for resorting to such other things, to manufacture such or good manufacturing practice; (b) practices. substances if and to the extent that such activities associated with establishing DEA cannot predict when an manufacture is set forth in a statement the manufacturing processes and individual’s activities may shift from a filed with the application, and to procedures, including, but not limited researcher to a manufacturer. Therefore, distribute such substances to other to, production of material used for pilot, it is imperative that a person who is persons registered or authorized to scale-up and reformulation studies, as conducting research, whose activities conduct chemical analysis, instructional well as the studies themselves; and (c) move from bench type to scale up and activities, or research with such all activities associated with such development, be aware and alert to the substances. development including, but not be requirements of 21 CFR 1301.22. For The present DEA policy permits the limited to, bioavailability, formulation, any questions or guidance in this area, manufacture of small amounts of bulk stability, an validation studies. While DEA should be contacted for a specific material under a researcher registration these activities may be considered clarification. Dated: October 24, 1995. if: (1) the quantities are set forth in, and research under FDA requirements, 21 Gene R. Haislip, consistent with, the statement filed with CFR part 1301 must be read within the the application for registration,; and (2) context of the CSA and its attendant Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement if the purpose, as set forth in the requirements concerning quotas, Administration. statement filed with the application, is recordkeeping, security and reporting. [FR Doc. 95–26948 Filed 10–30–95; 8:45 am] to develop synthesis procedures or other DEA does not consider such dosage BILLING CODE 4410±09±M research not related to dosage form form development to be a coincident development. research activity as contemplated by 21 This policy is necessary to preserve CFR 1301.22(b); the production of DEPARTMENT OF THE TREASURY the closed system of distribution, as material for such activities is well as protect the integrity of the manufacturing. The exemption for Internal Revenue Service attendant quota, security, recordkeeping separate registrations for certain and reporting requirements of the coincident activities is intended to 26 CFR Part 1 system. DEA is obligated to enforce the facilitate research by allowing for the [TD 8611] distinctions among those independent limited manufacture of controlled activities set forth in 21 CFR 1301.22(a). substances for those activities related RIN 1545±AS40 Manufacturers are held to more directly to the research set forth in the stringent requirements than researchers statement filed with application for Conduit Arrangement Regulations; because of the greater threat of diversion researcher registration. However, once Correction associated with manufacturing. the manufacture of controlled AGENCY: Internal Revenue Service (IRS), It has come to the attention of DEA substances for research moves beyond Treasury. that certain registrants are the scope of the research and becomes ACTION: Correction to final regulations. manufacturing bulk material under a product development, as described researcher registration for the purpose above, those manufacturing activities SUMMARY: This document contains of: (1) performing dosage form are not longer considered to be corrections to final regulations (TD 55312 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations
8611), which were published in the ‘‘size. BK2 considers asking BK1 to Rulemaking Section (A–5–3), Air and Federal Register for Friday, August 11, enter into a loan’’. Toxics Division, U.S. Environmental 1995 (60 FR 40997). The final Cynthia E. Grigsby, Protection Agency, Region IX, 75 regulations relate to conduit financing Chief, Regulations Unit Assistant Chief Hawthorne Street, San Francisco, CA arrangements issued under the authority Counsel (Corporate). 94105. granted by section 7701(l). [FR Doc. 95–26786 Filed 10–30–95; 8:45 am] Environmental Protection Agency, Air EFFECTIVE DATE: September 11, 1995. BILLING CODE 4830±01±P Docket (6102), 401 ‘‘M’’ Street, SW., Washington, DC 20460. FOR FURTHER INFORMATION CONTACT: California Air Resources Board, Elissa J. Shendalman of the Office of the Stationary Source Division, Rule Associate Chief Counsel (International), ENVIRONMENTAL PROTECTION Evaluation Section, 2020 ‘‘L’’ Street, (202) 622–3870 (not a toll-free number). AGENCY Sacramento, CA 92123–1095. SUPPLEMENTARY INFORMATION: South Coast Air Quality Management 40 CFR Part 52 District, 21865 E. Copley Drive, Background Diamond Bar, CA 91765–4182. [CA 162±1±7250a; FRL±5321±1] The final regulations that are the FOR FURTHER INFORMATION CONTACT: subject of these corrections are under Approval and Promulgation of Daniel A. Meer, Chief Rulemaking sections 871, 881, 1441, 1442, and Implementation Plans; California State Section (A–5–3), Air and Toxics 7701(l) of the Internal Revenue Code. Implementation Plan Revision, South Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Need for Correction Coast Air Quality Management District Street, San Francisco, CA 94105, As published, TD 8611 contains AGENCY: Environmental Protection Telephone: (415) 744–1185. typographical errors that are in need of Agency (EPA). SUPPLEMENTARY INFORMATION: correction. ACTION: Direct final rule. Applicability Correction of Publication SUMMARY: EPA is taking direct final action on revisions to the California The rules being approved into the Accordingly, the publication of the California SIP include: SCAQMD Rules final regulations which is the subject of State Implementation Plan. The revisions concern rules from the South 1130, Graphic Arts, and 1136, Wood FR Doc. 95–19446, are corrected as Products Coating. These rules were follows: Coast Air Quality Management District (SCAQMD). This approval action will submitted by the California Air § 1.881±3 [Corrected] incorporate these rules into the federally Resources Board (CARB) to EPA on October 16, 1995. 1. On page 41013, column 3, § 1.881– approved SIP. The intended effect of 3, paragraph (e), paragraph (i) of approving these rules is to regulate Background Example 25., line 1, the figure emissions of volatile organic On March 3, 1978, EPA promulgated ‘‘10,000,000’’ is corrected to read compounds (VOCs) in accordance with a list of ozone nonattainment areas ‘‘5,000,000’’. the requirements of the Clean Air Act, under the provisions of the Clean Air 2. On page 41013, column 3, § 1.881– as amended in 1990 (CAA or the Act). Act, as amended in 1977 (1977 Act or 3, paragraph (e), paragraph (i) of In addition, the final action on these pre-amended Act), that included the Example 25., line 5, the figure rules serves as a final determination that South Coast Air Basin. 43 FR 8964, 40 ‘‘5,000,000’’ is corrected to read the deficiencies in previous versions CFR 81.305. On May 26, 1988, EPA ‘‘10,000,000’’. have been corrected and that on the notified the Governor of California, effective date of this action, any 3. On page 41013, column 3, § 1.881– pursuant to section 110(a)(2)(H) of the sanctions or Federal Implementation 3, paragraph (e), paragraph (iii) of 1977 Act, that the above districts’ Plan (FIP) obligations are permanently Example 25., the first sentence portions of the California SIP were stopped. The revised rules control VOC ‘‘Pursuant to paragraph (d)(1)(i) of this inadequate to attain and maintain the emissions from graphic arts and the section, the amount subject to ozone standard and requested that coating of wood products. Thus, EPA is recharacterization is a fraction the deficiencies in the existing SIP be finalizing the approval of these numerator of which is the average corrected (EPA’s SIP-Call). On revisions into the California SIP under principal amount advanced from FS to November 15, 1990, the Clean Air Act provisions of the CAA regarding EPA DS and denominator of which is the Amendments of 1990 were enacted. action on SIP submittals, SIPs for average principal amount advanced Pub. L. 101–549, 104 Stat. 2399, national primary and secondary ambient from FP to FS.’’ is corrected to read codified at 42 U.S.C. 7401–7671q. In air quality standards and plan ‘‘Pursuant to paragraph (d)(1)(i) of this amended section 182(a)(2)(A) of the requirements for nonattainment areas. section, the amount subject to CAA, Congress statutorily adopted the recharacterization is a fraction the DATES: This action is effective on requirement that nonattainment areas numerator of which is the lowest January 2, 1996 unless adverse or fix their deficient reasonably available aggregate principal amount advanced critical comments are received by control technology (RACT) rules for and the denominator of which is the November 30, 1995. If the effective date ozone and established a deadline of May principal amount advanced from FS to is delayed, a timely notice will be 15, 1991 for states to submit corrections DS.’’. published in the Federal Register. of those deficiencies. ADDRESSES: Copies of the rule revisions Section 182(a)(2)(A) applies to areas § 1.1441±7 [Corrected] and EPA’s evaluation report for each designated as nonattainment prior to 4. On page 41015, column 2, rule are available for public inspection enactment of the amendments and § 1.1441–7, paragraph (d)(2)(ii), at EPA’s Region IX office during normal classified as marginal or above as of the paragraph (i) of Example 4., the business hours. Copies of the submitted date of enactment. It requires such areas language ‘‘size. BK2 considers BK1 to rule revisions are available for to adopt and correct RACT rules enter into a loan’’ is corrected to read inspection at the following locations: pursuant to pre-amended section 172(b) Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations 55313 as interpreted in pre-amendment guidance documents listed in footnote • Addition of the definition of guidance.1 EPA’s SIP-Call used that 1. Among those provisions is the ‘‘Potential to Emit’’, guidance to indicate the necessary requirement that a VOC rule must, at a • Addition of an exemption for the corrections for specific nonattainment minimum, provide for the application of metallic and matte finish areas. The South Coast Air Basin is implementation of RACT for stationary ink, provided that a written certification classified as extreme; 2 therefore, this sources of VOC emissions. This to limit the total facility-wide potential area was subject to the RACT fix-up requirement was carried forth from the VOC emissions to 10 tons per year is on requirement and the May 15, 1991 pre-amended Act. file. deadline. For the purpose of assisting state and SCAQMD’s Rule 1136, Wood Coating The State of California submitted local agencies in developing RACT Operations, includes the following many revised RACT rules for rules, EPA prepared a series of Control significant changes from the current SIP: • incorporation into its SIP on October 13, Technique Guideline (CTG) documents. Addition of language and equation 1995, including the rules being acted on The CTGs are based on the underlying for control device equivalency, • in this document. This document requirements of the Act and specify the Addition of USEPA approved test addresses EPA’s direct-final action for presumptive norms for what is RACT method and language regarding multiple test methods, SCAQMD’s Rules 1130, Graphic Arts, for specific source categories. Under the • and 1136, Wood Products Coating. CAA, Congress ratified EPA’s use of Addition of a VOC averaging SCAQMD adopted Rules 1130 and 1136 these documents, as well as other provision, • Addition of fiberboard and on September 8, 1995. The submitted Agency policy, for requiring States to particleboard coating VOC limits, rules were found to be complete on ‘‘fix-up’’ their RACT rules. See section • Extension of final compliance dates October 23, 1995 pursuant to EPA’s 182(a)(2)(A). The CTG applicable to to July 1, 1996, completeness criteria that are set forth Rule 1130 is entitled Control of Volatile • 3 Addition of economic incentives for in 40 CFR part 51 Appendix V and is Organic Emissions from Existing facilities converting to compliant, being finalized for approval into the SIP. Stationary Sources—Volume VIII: waterborne coatings earlier than the Rule 1130 limits emissions of volatile Graphic Arts-Rotogravure and final compliance date. The available organic compounds (VOCs) emitted Flexography. EPA–450/2–78–033. Rule incentives are alternative recordkeeping from graphic arts operations and Rule 1136 controls emissions from a source requirements and use of alternate spray 1136 limits emissions of VOCs from category for which EPA has not equipment, with written approval from wood coating operations. VOCs finalized a CTG. Accordingly, this rule the executive officer. contribute to the production of ground was evaluated against the interpretation EPA has evaluated the submitted level ozone and smog. This rule was of EPA policy found in the Blue Book, rules and has determined that they are originally adopted as part of SCAQMD’s referred to in footnote 1 and against consistent with the CAA, EPA effort to achieve the National Ambient other EPA policy including the EPA regulations, and EPA policy. Therefore, Air Quality Standard (NAAQS) for Region 9/CARB document entitled: SCAQMD’s Rules 1130, Graphic Arts, ozone and in response to EPA’s SIP-Call Guidance Document for Correcting VOC and 1136, Wood Products Coating, are and the section 182(a)(2)(A) CAA Rule Deficiencies (April 1991), and being approved under section 110(k)(3) requirement. The following is EPA’s EPA’s draft CTG for wood furniture of the CAA as meeting the requirements evaluation and final action for this rule. finishing and cleaning operations, of section 110(a) and part D. released for comments on September 7, EPA Evaluation and Action Nothing in this action should be 1995 in the Federal Register, 60 FR construed as permitting or allowing or In determining the approvability of a 46595. In general, these guidance establishing a precedent for any future VOC rule, EPA must evaluate the rule documents have been set forth to ensure implementation plan. Each request for for consistency with the requirements of that VOC rules are fully enforceable and revision to the state implementation the CAA and EPA regulations, as found strengthen or maintain the SIP. plan shall be considered separately in in section 110 and part D of the CAA SCAQMD’s submitted Rule 1130, light of specific technical, economic, and 40 CFR part 51 (Requirements for Graphic Arts, includes the following and environmental factors and in Preparation, Adoption, and Submittal of significant changes from the current SIP: relation to relevant statutory and • Implementation Plans). The EPA Reduction of the VOC content of regulatory requirements. interpretation of these requirements, graphic arts material to 300 grams per EPA is publishing this document which forms the basis for today’s action, liter in conformance with the applicable without prior proposal because the appears in the various EPA policy CTG, Agency views this as a noncontroversial • Revision of the combined capture amendment and anticipates no adverse 1 Among other things, the pre-amendment and control efficiency requirement of comments. However, in a separate guidance consists of those portions of the proposed emission control systems to conform to post-1987 ozone and carbon monoxide policy that document in this Federal Register concern RACT, 52 FR 45044 (November 24, 1987); the RACT level of control, publication, the EPA is proposing to ‘‘Issues Relating to VOC Regulation Cutpoints, • Deletion of the exempt compound approve the SIP revision should adverse Deficiencies, and Deviations, Clarification to list and reference to Rule 102 which or critical comments be filed. This Appendix D of November 24, 1987 Federal Register contains definitions and the exempt action will be effective January 2, 1996, Notice’’ (Blue Book) (notice of availability was compound list, unless, by November 30, 1995, adverse published in the Federal Register on May 25, 1988); • Lowering of the minimum metal or critical comments are received. and the existing control technique guidelines content requirement in flexographic (CTGs). If the EPA receives such comments, metallic ink from 35% to 28% by 2 The South Coast Air Basin retained its this action will be withdrawn before the designation of nonattainment and was classified by weight, effective date by publishing a operation of law pursuant to sections 107(d) and • Lowering of the VOC limit for subsequent document that will 181(a) upon the date of enactment of the CAA. See flexographic metallic ink from 485 withdraw the final action. All public 55 FR 56694 (November 6, 1991). grams/liter (g/l) to 460 g/l, comments received will then be 3 EPA adopted the completeness criteria on • Addition of a prohibition of sale addressed in a subsequent final rule February 16, 1990 (55 FR 5830) and, pursuant to provision, based on this action serving as a section 110(k)(1)(A) of the CAA, revised the criteria on August 26, 1991 (56 FR 42216). 55314 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations proposed rule. The EPA will not State, local, or tribal governments or to 40 CFR Part 52 institute a second comment period on the private sector result from this action. this action. Any parties interested in EPA has also determined that this final [CA 162±1±7250c; FRL±5321±3] commenting on this action should do so action does not include a mandate that at this time. If no such comments are may result in estimated costs of $100 Approval and Promulgation of received, the public is advised that this million or more to State, local, or tribal Implementation Plans; California State action will be effective January 2, 1996. governments in the aggregate or to the Implementation Plan Revision; Interim Regulatory Process private sector. Final Determination That State Has This action has been classified as a Corrected the Deficiencies Under the Regulatory Flexibility Act, Table 3 action for signature by the 5 U.S.C. 600 et seq., EPA must prepare Regional Administrator under the AGENCY: Environmental Protection a regulatory flexibility analysis procedures published in the Federal Agency (EPA). assessing the impact of any proposed or Register on January 19, 1989 (54 FR ACTION: Interim final determination. final rule on small entities. 5 U.S.C. 603 2214–2225), as revised by a July 10, and 604. Alternatively, EPA may certify 1995 memorandum from Mary Nichols, SUMMARY: Elsewhere in today’s Federal that the rule will not have a significant Assistant Administrator for Air and Register, EPA published a direct final impact on a substantial number of small Radiation. The Office of Management rule fully approving revisions to the entities. Small entities include small and Budget (OMB) has exempted this California State Implementation Plan businesses, small not-for-profit action from review under Executive (SIP). The revisions concern South enterprises and government entities Order 12866. Coast Air Quality Management District’s with jurisdiction over population of less (SCAQMD) Rules 1130 and 1136. On than 50,000. List of Subjects in 40 CFR Part 52 that date, EPA also published a SIP approvals under sections 110 and Environmental protection, Air proposed rulemaking to provide the 301(a) and subchapter I, Part D of the public with an opportunity to comment CAA do not create any new pollution control, Hydrocarbons, Incorporation by reference, on EPA’s action. If a person submits requirements, but simply approve adverse comments on EPA’s proposed requirements that the State is already Intergovernmental relations, Ozone, Reporting and recordkeeping action within 30 days of publication of imposing. Therefore, because the the proposed and direct final actions, Federal SIP-approval does not impose requirements, Volatile organic compounds. EPA will withdraw its direct final action any new requirements, I certify that it and will consider any comments does not have a significant impact on Note: Incorporation by reference of the received before taking final action on any small entities affected. Moreover, State Implementation Plan for the State of the State’s submittal. Based on the due to the nature of the Federal-state California was approved by the Director of proposed full approval, EPA is making the Federal Register on July 1, 1982. relationship under the CAA, preparation an interim final determination by this of a regulatory flexibility analysis would Dated: October 19, 1995. action that the State has corrected the constitute Federal inquiry into the John Wise, deficiency for which a sanctions clock economic reasonableness of state action. Acting Regional Administrator. began on January 20, 1994. This action The CAA forbids EPA to base its actions Part 52, chapter I, title 40 of the Code will defer the application of the offset concerning SIPs on such grounds. of Federal Regulations is amended as sanction and defer the application of the Union Electric Co. v. U.S. E.P.A., 427 follows: highway sanction. Although this action U.S. 246, 256–66 (S. Ct. 1976); 42 U.S.C. is effective upon publication, EPA will 7410 (a)(2). PART 52Ð[AMENDED] take comment. If no comments are Unfunded Mandates received on EPA’s proposed approval of 1. The authority citation for part 52 the State’s submittal, the direct final Under Sections 202, 203, and 205 of continues to read as follows: action published in today’s Federal the Unfunded Mandates Reform Act of Authority: 42 U.S.C. 7401–7671q. Register will also finalize EPA’s 1995 (‘‘Unfunded Mandates Act’’), determination that the State has signed into law on March 22, 1995, EPA Subpart FÐCalifornia corrected the deficiency that started the must undertake various actions in sanctions clock. If comments are association with proposed or final rules 2. Section 52.220 is amended by received on EPA’s proposed approval that include a Federal mandate that may adding paragraph (c)(225) to read as and this interim final action, EPA will result in estimated costs of $100 million follows: publish a final document taking into or more to the private sector or to State, consideration any comments received. local, or tribal governments in the § 52.220 Identification of plan. aggregate. * * * * * DATES: This interim final determination Through submission of this state (c) * * * is effective on October 31, 1995. implementation plan or plan revision, (225) New and amended regulations Comments must be received by the State and any affected local or tribal for the following APCDs were submitted November 30, 1995. governments have elected to adopt the on October 13, 1995 by the Governor’s ADDRESSES: Comments should be sent program provided for under Part D of designee. to: Daniel A. Meer, Rulemaking Section the Clean Air Act. These rules may bind (i) Incorporation by reference. (A–5–3), Air and Toxics Division, U.S. State, local, and tribal governments to Environmental Protection Agency, (A) South Coast Air Quality perform certain actions and also require Region IX, 75 Hawthorne Street, San Management District. the private sector to perform certain Francisco, CA 94105. duties. The rules being approved by this (1) Rules 1130 and 1136 adopted The state submittal and EPA’s action will impose no new requirements September 8, 1995. analysis for that submittal, which are because affected sources are already * * * * * the basis for this action, are available for subject to these regulations under State [FR Doc. 95–26887 Filed 10–30–95; 8:45 am] public review at the above address and law. Therefore, no additional costs to BILLING CODE 6560±50±W at the following locations: Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations 55315
Environmental Protection Agency, Air action finding that the State has not interest. EPA has reviewed the State’s Docket (6102) 401 ‘‘M’’ Street, SW., corrected the original disapproval submittal and, through its proposed and Washington 20460 deficiencies. As appropriate, EPA will direct final action is indicating that it is California Air Resources Board, also issue an interim final determination more likely than not that the State has Stationary Source Division, Rule or a final determination that the corrected the deficiency that started the Evaluation Section, 2020 ‘‘L’’ Street, deficiency has not been corrected. Until sanctions clock. Therefore, it is not in Sacramento, CA 95812–2815 EPA takes such an action, the the public interest to initially impose South Coast Air Quality Management application of sanctions will continue to sanctions or to keep applied sanctions District, 21865 E. Copley Drive, be deferred and or stayed. in place when the State has most likely Diamond Bar, CA 91765–4812. This action does not stop the done all that it can to correct the FOR FURTHER INFORMATION CONTACT: sanctions clock that started for these deficiency that triggered the sanctions Daniel A. Meer, Rulemaking Section (A– areas on May 16, 1994. However, this clock. Moreover, it would be 5–3), Air and Toxics Division, U.S. action will defer the application of the impracticable to go through notice-and- Environmental Protection Agency, offsets sanction and will defer the comment rulemaking on a finding that Region IX, 75 Hawthorne Street, San application of the highway sanction. See the State has corrected the deficiency Francisco, CA 94105, Telephone: (415) 59 FR 39832 (Aug. 4, 1994). If EPA’s prior to the rulemaking approving the 744–1185. direct final action fully approving the State’s submittal. Therefore, EPA State’s submittal becomes effective, believes that it is necessary to use the SUPPLEMENTARY INFORMATION: such action will permanently stop the interim final rulemaking process to I. Background sanctions clock and will permanently temporarily stay or defer sanctions lift any applied, stayed or deferred On September 14, 1992, the State while EPA completes its rulemaking sanctions. If EPA must withdraw the submitted SCAQMD’s Rule 1130, process on the approvability of the direct final action based on adverse State’s submittal. Moreover, with Graphics Arts, and on May 13, 1993 the comments and EPA subsequently State submitted SCAQMD’s Rule 1136, respect to the effective date of this determines that the State, in fact, did action, EPA is invoking the good cause Wood Products Coating. EPA published not correct the disapproval deficiency, a limited approval/limited disapproval exception to the 30-day notice EPA will also determine that the State requirement of the APA because the for these rules in the Federal Register did not correct the deficiency and the on April 14, 1994; 59 FR 17697. EPA’s purpose of this document is to relieve sanctions consequences described in the a restriction. See 5 U.S.C. 553(d)(1). disapproval action started an 18-month sanctions rule will apply. See 59 FR clock for the application of one sanction 39832, to be codified at 40 CFR 52.31. Unfunded Mandates (followed by a second sanction 6 months later) under section 179 of the II. EPA Action Under Sections 202, 203, and 205 of Clean Air Act (Act) and a 24-month EPA is taking interim final action the Unfunded Mandates Reform Act of clock for promulgation of a Federal finding that the State has corrected the 1995 (‘‘Unfunded Mandates Act’’), Implementation Plan (FIP) under disapproval deficiency that started the signed into law on March 22, 1995, EPA section 110(c) of the Act. The State sanctions clock. Based on this action, must undertake various actions in subsequently submitted revised application of the offset sanction will be association with the proposed or final SCAQMD’s Rules 1130 and 1136 on deferred and application of the highway rules that include a Federal mandate October 16, 1995. EPA has taken direct sanction will be deferred until EPA’s that may result in estimated costs of final action on these submittals direct final action fully approving the $100 million or more to the private pursuant to its modified direct final State’s submittal becomes effective or sector, or to State, local, or tribal policy set forth at 59 FR 24054 (May 10, until EPA takes action proposing or governments in the aggregate. 1994). In the Rules section of today’s finally disapproving in whole or part Through submission of this state Federal Register, EPA issued a direct the State submittal. If EPA’s direct final implementation plan or plan revision, final full approval of the State of action fully approving the State the state and any affected local or tribal California’s submittal of SCAQMD’s submittal becomes effective, at that time governments have elected to adopt the Rules 1130, Graphic Arts, and 1136, any sanctions clocks will be program provided for under Part D of Wood Products Coating. In addition, in permanently stopped and any applied, the Clean Air Act. These rules may bind the Proposed Rules section of today’s stayed or deferred sanctions will be State, local and tribal governments to Federal Register, EPA proposed full permanently lifted. perform certain actions and also require approval of the State’s submittal. Because EPA has preliminarily the private sector to perform certain Based on the proposed and direct determined that the State has an duties. To the extent that the rules being final approval, EPA believes that it is approvable plan, relief from sanctions approved by this action will impose no more likely than not that the State has should be provided as quickly as new requirements; such sources are corrected the original disapproval possible. Therefore, EPA is invoking the already subject to these regulations deficiencies. Therefore, EPA is taking good cause exception under the under State law. Accordingly, no this final rulemaking action, effective on Administrative Procedure Act (APA) in additional costs to State, local, or tribal publication, finding that the State has not providing an opportunity for governments, or to the private sector, corrected the deficiencies. However, comment before this action takes effect.1 result from this action. EPA has also EPA is also providing the public with an 5 U.S.C. 553(b)(B). EPA believes that determined that this final action does opportunity to comment on this final notice-and-comment rulemaking before not include a mandate that may result action. If, based on any comments on the effective date of this action is in estimated costs of $100 million or this action and any comments on EPA’s impracticable and contrary to the public more to State, local, or tribal proposed full approval of the State’s governments in the aggregate or to the submittal, EPA determines that the 1 As previously noted, however, by this action private sector. EPA is providing the public with a chance to State’s submittal is not fully approvable comment on EPA’s determination after the effective The Office of Management and Budget and this final action was inappropriate, date and EPA will consider any comments received (OMB) has exempted this action from EPA will either propose or take final in determining whether to reverse such action. review under Executive Order 12866. 55316 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations
Under the Regulatory Flexibility Act, which includes emissions data for all areas. The Hartford area has ambient 5 U.S.C. 600 et seq., EPA must prepare sources of CO in Connecticut’s two CO monitoring data showing attainment of a regulatory flexibility analysis nonattainment areas (the Hartford/New the CO NAAQS, since 1988. Therefore, assessing the impact of any proposed or Britain/Middletown area and the in an effort to comply with the CAA and final rule on small entities. 5 U.S.C. 603 Connecticut portion of the New York/ to ensure continued attainment of the and 604. Alternatively, EPA may certify New Jersey/Connecticut Consolidated NAAQS, on September 30, 1994 the that the rule will not have a significant Metropolitan Statistical Area (CMSA). State of Connecticut submitted a CO economic impact on a substantial On January 12, 1993, January 14, 1993, redesignation request and a number of small entities. Small entities September 30, 1994 and August 1, 1995, maintenance plan for the Hartford area. include small businesses, small not-for- Connecticut DEP submitted an Connecticut submitted evidence that a profit enterprises, and government oxygenated fuel program and revisions public hearing was held on August 17, entities with jurisdiction over for both CO nonattainment areas. In this 1994. populations of less than 50,000. action, EPA is approving the CO II. Evaluation Criteria This action temporarily relieves emissions inventory for both areas and sources of an additional burden the oxygenated fuels program only as it Section 107(d)(3)(E) of the 1990 Clean potentially placed on them by the applies to the Hartford/New Britain/ Air Act Amendments provides five sanctions provisions of the Act. Middletown nonattainment area. specific requirements that an area must Therefore, I certify that it does not have DATES: This final rule will be effective meet in order to be redesignated from an impact on any small entities. January 2, 1996 unless critical or nonattainment to attainment. adverse comments are received by 1. The area must have attained the List of Subjects in 40 CFR Part 52 November 30, 1995. If the effective date applicable NAAQS; Environmental protection, Air is delayed, timely notice will be 2. The area must have a fully pollution control, Hydrocarbons, published in the Federal Register. approved SIP under section 110(k) of Incorporation by reference, ADDRESSES: Written comments should CAA; Intergovernmental regulations, be sent to Susan Studlien, Acting 3. The air quality improvement must Reporting and recordkeeping Director, at the EPA Regional Office be permanent and enforceable; 4. The area must have a fully requirements, Ozone, Volatile organic listed below. Copies of the redesignation approved maintenance plan pursuant to compounds. request and the State of Connecticut’s section 175A of the CAA; submittals are available for public Authority: 42 U.S.C. 7401–7671q. 5. The area must meet all applicable review during normal business hours at Dated: October 19, 1995. requirements under section 110 and Part John Wise, the addresses listed below. Air and Radiation Docket and D of the CAA. Acting Regional Administrator. Information Center, U.S. Environmental III. Review of State Submittal [FR Doc. 95–26886 Filed 10–30–95; 8:45 am] Protection Agency, 401 M Street SW., BILLING CODE 6560±50±W On October 28, 1994, Region I Washington, DC 20460, and; determined that the information Environmental Protection Agency, One received from the CT DEP constituted a Congress Street, Boston, MA 02203. 40 CFR Parts 52 and 81 complete redesignation request under FOR FURTHER INFORMATION CONTACT: the general completeness criteria of 40 [CT23±1±7084; FRL±5296±5] Damien Houlihan of the EPA Region I CFR part 51, appendix V, §§ 2.1 and 2.2. Air, Pesticides and Toxics Management The Connecticut redesignation Approval and Promulgation of Division at (617) 565–3266. Implementation Plans and Designation request for the Hartford/New Britain/ of Areas for Air Quality Planning SUPPLEMENTARY INFORMATION: Middletown area meets the five requirements of section 107(d)(3)(E), Purposes; State of Connecticut I. Background noted above. The following is a brief AGENCY: Environmental Protection On March 31, 1978, (See 43 FR 8962), description of how the State has Agency (EPA). EPA published rulemaking which set fulfilled each of these requirements. ACTION: Direct final rule. forth attainment status for all States in relation to the National Ambient Air 1. Attainment of the CO NAAQS SUMMARY: On September 30, 1994, the Quality Standards (NAAQS). The area of Connecticut has quality-assured CO Connecticut Department of Hartford/New Britain/Middletown (the ambient air monitoring data showing Environmental Protection (CT DEP), ‘‘Hartford area’’) was designated as that the Hartford area has met the CO submitted a request to redesignate the nonattainment for Carbon Monoxide NAAQS. The Connecticut request is Hartford/New Britain/Middletown area through this rulemaking notice. In a based on an analysis of quality-assured from nonattainment to attainment for letter dated March 14, 1991 from the monitoring data which is relevant to the carbon monoxide (CO). Under the Clean Connecticut Department of maintenance plan and to the Air Act as amended in 1990 (CAA), Environmental Protection to EPA redesignation request. To attain the CO designations can be revised if sufficient Administrator, the State recommended NAAQS, an area must have complete data is available to warrant such that the area be classified as Category 3 quality-assured data showing no more revisions. In this action, EPA is nonattainment. Because the area had a than one exceedance of the standard approving the Connecticut request design value of 9.7 ppm, the area was over at least two consecutive years. The because it meets the redesignation considered ‘‘moderate’’ nonattainment ambient air CO monitoring data for requirements set forth in the CAA. under the provisions outlined in calendar year 1989 through calendar In addition, EPA is approving two sections 186 and 187 of the CAA. (See year 1993, relied upon by Connecticut related State Implementation Plan (SIP) 56 FR 56694 (Nov. 6, 1991) and 57 FR in its redesignation request, shows no submissions by Connecticut DEP. On 56762 (Nov. 30, 1992), codified at 40 violations of the CO NAAQS in the January 12, 1993, Connecticut DEP CFR part 81, § 81.307.). The CAA Hartford area. The most recent ambient submitted a final 1990 base year established an attainment date of CO data shows no exceedances in the emission inventory for CO emissions, December 31, 1995, for all moderate CO calendar year 1994 and one exceedance Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations 55317 in calendar year 1995 (on January 13, not treating a part D NSR program as a submitted another revision to its 1995). Because the area has complete prerequisite for redesignation, it should oxygenated fuel regulations changing quality assured data showing no more be noted that EPA is in the process of the CO control period in the than one exceedance of the standard per taking final action on the State’s revised Connecticut portion of the New York/ year over at least two consecutive years NSR regulation, which does include New Jersey/Connecticut CMSA from (1991 and 1992), the area has met the requirements for CO nonattainment seven to four months. As part of this first statutory criterion of attainment of areas. Because the Hartford area is being action, EPA is approving Connecticut’s the CO NAAQS (40 CFR 50.9 and redesignated to attainment by this oxygenated fuel program except as it appendix C). Connecticut has action, Connecticut’s Prevention of applies to the Connecticut portion of the committed to continue monitoring in Significant Deterioration (PSD) NJ–NY–CT CMSA (the Southwestern this area in accordance with 40 CFR part requirements will be applicable to new Control Area). EPA will address the 58. or modified sources in the Hartford area. Southwestern Control Area definition Connecticut used EPA’s ‘‘Guideline A. Emission Inventory—Connecticut and that area’s control period as part of for Modeling Carbon Monoxide from submitted its base year inventory to EPA a separate action. Roadway Intersections’’ to select six on January 13, 1994, which included The oxygenated gasoline program is ‘‘hot-spot’’ intersections for detailed estimates for CO in the Hartford-New one in which all oxygenated gasoline analysis. Once the intersections were Britain-Middletown area and the New must contain a minimum oxygen selected, evaluations for CO levels for York-New Jersey-Connecticut area, as content of 2.7 percent by weight of existing and future year conditions were required under section 187(a)(1) of the oxygen. Under Section 211(m)(4) of the performed using the MOBILE5A CAA. EPA is approving the CO portion CAA, EPA also issued requirements for emission model and the CAL3QHC of the inventory for both area with this the labeling of gasoline pumps used to (version 2.0) dispersion model. These redesignation request. dispense oxygenated gasoline, as well as modeling results show no violations for Section 172(c)(3) of the CAA requires guidelines on the establishment of an 1993 or future year (2005) of the that nonattainment plan provisions appropriate control period. These NAAQS for CO. include a comprehensive, accurate, and labeling requirements and control current inventory of actual emissions period guidelines may be found in at 57 2. Fully Approved SIP from all sources of relevant pollutants in FR 47849, dated October 20, 1992. Connecticut’s CO SIP is fully the nonattainment area. Connecticut Connecticut’s oxygenated gasoline approved by EPA as meeting all the included the requisite inventory in the regulation requires the minimum 2.7 requirements of Section 110 of the Act, CO SIP. The base year for the inventory percent oxygen content in gasoline sold including the requirement in Section was 1990, using a three month CO in the Central Control and Southwestern 110(a)(2)(I) to meet all the applicable season of November 1990 through Control Areas. The regulation also requirements of Part D (relating to January 1991. Stationary point sources, contains the necessary labeling nonattainment), which were due prior stationary area sources, on-road mobile regulations, enforcement procedures, to the date of Connecticut’s sources, and nonroad mobile sources of and oxygenate test methods. For a more redesignation request. Connecticut’s CO were included in the inventory. detailed description of the manner in 1982 CO SIP was fully approved by EPA Stationary sources with emissions of which Connecticut’s oxygenated fuels in 1984 as meeting the CO SIP greater than 100 tons per year were also program meets the requirements of requirements in effect under the CAA at included in the inventory. Section 211(m) of the CAA, the reader that time. The 1990 CA required that CO The following list presents a summary is referred to the Technical Support nonattainment areas achieve specific of the CO peak season daily emissions Document, which is available for review new requirements depending on the estimates in tons per day by source at the addresses provided above. severity of the nonattainment category: Point Sources, 28.91 tons per Connecticut has chosen to convert its classification. Requirements for the day; Area Sources, 498.05 tons per day; oxygenated fuels requirement in the Hartford area include the preparation of Mobile On-Road Sources, 1497.03 tons Hartford CMSA to a contingency a 1990 emission inventory with periodic per day; Mobile Nonroad Sources, measure in its maintenance plan upon updates, adoption of an oxygenated 221.36 tons per day; Total Sources, redesignation. Connecticut’s oxygenated fuels program, and development of 2245.35 tons per day. Available fuels regulation provides that conformity procedures. Each of these guidance for preparing emission oxygenated gasoline is only required in requirements, added by the 1990 inventories is provided in the General the Hartford CMSA if a CO violation is Amendments to the CAA, are discussed Preamble (57 FR 13498, April 16, 1992). monitored in the area. Because in greater detail below. Section 110(k) of the CAA sets out Connecticut attained the CO standard Consistent with the October 14, 1994 provisions governing the EPA’s review based on data before the oxygenated fuel EPA guidance from Mary D. Nichols of base year emission inventory program was implemented in the entitled ‘‘Part D New Source Review submittals in order to determine Hartford CMSA, oxygenated gasoline (part D NSR) Requirements for Areas approval or disapproval under section was not necessary to reach attainment. Requesting Redesignation to 187(a)(1). The EPA is granting approval In its demonstration of maintenance, Attainment,’’ EPA is not requiring as a of the Connecticut 1990 base year CO described below, the State has shown prerequisite to redesignation to emissions inventory submitted on that oxygenated gasoline in the Hartford attainment EPA’s full approval of a part January 13, 1994, based on the 1993. At CMSA is not necessary for continued D NSR program by Connecticut. Under the time of submission of the maintenance of the CO NAAQS. this guidance, nonattainment areas may redesignation request for the Hartford Consequently, by this action, EPA is be redesignated to attainment area, Connecticut submitted revisions to both approving Connecticut’s notwithstanding the lack of a fully- its oxygenated fuel regulation specifying oxygenated fuels regulation and approved part D NSR program, so long that the oxygenated fuel requirement in simultaneously approving its use as a as the program is not relied upon for the Hartford CMSA will not be contingency measure for the Hartford maintenance. Connecticut has not relied implemented except as a contingency area. on a NSR program for CO sources to measure in the area’s maintenance plan. The State of Connecticut has adopted maintain attainment. Although EPA is On August 1, 1995, Connecticut an Oxygenated Fuel Program that covers 55318 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations the Connecticut portion of the New conformity criteria and procedures enforceability of reduction in ambient Jersey-New York-Connecticut consistent with those established in the CO levels that have allowed the area to Consolidated Metropolitan Statistical Federal rule by December 1, 1994. attain the NAAQS. Area (CMSA) and the Hartford CMSA. Connecticut has not yet submitted either 4. Fully Approved Maintenance Plan In this action, the EPA is approving the of these conformity SIP revisions. Under Section 175A oxygenated fuel program, Connecticut’s Although Connecticut has not yet Regulation 22a–174–28, only as it adopted and EPA approved conformity Section 175A of the CAA sets forth applies to the Hartford CMSA. The SIP revisions, EPA may approve this the elements of a maintenance plan for control period for the program is from redesignation request. EPA interprets areas seeking redesignation from November 1 to the last day of February the requirement of a fully approved SIP nonattainment to attainment. The plan for the Central Control Area (Hartford in section 107(d)(3)(v) to mean that, for must demonstrate continued attainment CMSA) if a violation of the ambient air a redesignation request to be approved, of the applicable NAAQS for at least ten quality standard for carbon monoxide the State must have met all years after the Administrator approves a occurs within the control area after requirements that become applicable to redesignation to attainment. Eight years November 1, 1993. EPA will address the the subject area prior to or at time of the after the redesignation, the state must Southwestern Control Area separately. submission of the redesignation request. submit a revised maintenance plan C. Conformity—Under section 176(c) Because Connecticut submitted its which demonstrates attainment for the of the CAA, states were required to redesignation request on October 20, ten years following the initial ten-year submit revisions to their SIPs that 1994, prior to the due dates for period. To provide for the possibility of include criteria and procedures to conformity, it is not necessary that the future NAAQS violations, the ensure that Federal actions conform to State have an approved conformity SIP maintenance plan must contain the air quality planning goals in the prior to redesignation. It should be contingency measures, with a schedule applicable SIPs. The requirement to noted that approval of Connecticut’s for implementation adequate to assure determine conformity applies to redesignation request does not obviate prompt correction of any air quality transportation plans, programs and the need for Connecticut to submit the problems. In this notice, EPA is projects developed, funded or approved required conformity SIPs to EPA. approving the State of Connecticut’s under Title 23 U.S.C. or the Federal maintenance plan for the Hartford/New Transit Act (‘‘transportation 3. Improvement in Air Quality Due to Britain/Middletown area because EPA conformity’’), as well as all other Permanent and Enforceable Measures finds that Connecticut’s submittal meets Federal actions (‘‘general conformity’’). EPA approved Connecticut’s CO SIP, the requirements of section 175A. Congress provided for the State submitted in 1982, under the CAA, as revisions to be submitted one year after amended in 1977. Emission reductions A. Attainment Emission Inventory the date of promulgation of final EPA achieved through the implementation of conformity regulations. EPA control measures contained in that SIP As previously noted, on January 13, promulgated final transportation are enforceable. These measures were: 1994, the State of Connecticut submitted conformity regulations on November 24, transportation plan reviews, a basic a comprehensive inventory of CO 1993 (58 FR 62188) and final general Inspection and Maintenance Program, emissions from the Hartford/New conformity regulations on November 30, right turn on red, and the Federal Motor Britain/Middletown area. The inventory 1993 (58 FR 63214). These conformity Vehicle Control Program. As discussed includes emissions from area, rules require that the States adopt both above, the State initially attained the stationary, and mobile sources using transportation and general conformity NAAQS in 1989 with monitored 1990 as the base year for calculations. provisions in the SIP for areas attainment through 1993. This indicates The 1990 inventory is considered designated nonattainment or subject to that the improvements are due to the representative of attainment conditions a maintenance plan approved under permanent and enforceable measures because the NAAQS was not violated CAA section 175A. Pursuant to § 51.396 contained in the 1982 CO SIP. during 1990. The State submittal of the transportation conformity rule, The State of Connecticut has contains the detailed inventory data and the State of Connecticut is required to demonstrated that actual enforceable summaries by county and source submit a SIP revision containing emission reductions are responsible for category. The comprehensive base year transportation conformity criteria and the air quality improvement and that the emissions inventory was submitted in procedures consistent with those CO emissions in the base year are not the National Emission Data System established in the Federal rule by artificially low due to local economic format. Finally, this inventory was November 25, 1994. Similarly, pursuant downturn. EPA finds that the prepared in accordance with EPA to § 51.851 of the general conformity combination of certain existing EPA- guidance. It also contains summary rule, Connecticut was required to approved SIP and federal measures tables of the 1990 base year and was submit a SIP revision containing general contribute to the permanence and projected to the year 2005.
1990 CO BASE YEAR EMISSIONS INVENTORY HARTFORD NONATTAINMENT AREA (TON PER DAY)
Year Area Nonroad Mobile Point Total
1990 ...... 185.49 94.88 603.58 11.92 895.87
HARTFORD NONATTAINMENT AREA CO EMISSIONS INVENTORY SUMMARY (TONS PER DAY)
Year Area Nonroad Mobile Point Total
1990 ...... 185.49 94.88 603.58 11.92 895.87 2005 ...... 186.20 115.80 306.30 13.0 621.40 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations 55319
B. Demonstration of Maintenance- triggering event. Connecticut is relying request for revision to any SIP. Each Projected Inventories largely on a contingency measure that request for revision to the SIP shall be Total CO emissions were projected will go into effect regardless of any considered separately in light of specific from 1990 base year out to 2005. These triggering event, namely, enhanced technical, economic, and environmental projected inventories were prepared in Inspection and Maintenance. factors and in relation to relevant Connecticut has one measure that will statutory and regulatory requirements. accordance with EPA guidance. not go into effect unless a triggering The CO SIP is designed to satisfy the Connecticut will not implement the event occurs, namely oxygenated fuels. requirements of part D of the CAA and oxygenated fuel program in Hartford to provide for attainment and CMSA unless a violation is measured. E. Subsequent Maintenance Plan maintenance of the CO NAAQS. This The projections show that calculated CO Revisions final redesignation should not be emissions, assuming no oxygenated In accordance with section 175A(b) of interpreted as authorizing the State to fuels program after 1993, are not the CAA, the State has agreed to submit delete, alter, or rescind any of the CO expected to exceed the level of the base a revised maintenance SIP eight years emission limitations and restrictions year inventory during this time period. after the area is redesignated to contained in the approved CO SIP. Therefore, it is anticipated that attainment. Such revised SIP will Changes to CO SIP regulations rendering Hartford/New Britain/Middletown will provide for maintenance for an them less stringent than those contained maintain the CO standard without the additional ten years. in the EPA approved plan cannot be oxygenated fuel program. 5. Meeting Applicable Requirements of made unless a revised plan for C. Verification of Continued Attainment Section 110 and Part D attainment and maintenance is submitted to and approved by EPA. Continued attainment of the CO In Section III.2. above, EPA sets forth Unauthorized relaxations, deletions, NAAQS in the Hartford/New Britain/ the basis for its conclusion that and changes could result in both a Middletown area depends, in part, on Connecticut has a fully approved SIP finding of non-implementation (section the State’s efforts toward tracking which meets the applicable 179(a) of the CAA) and in a SIP indicators of continued attainment requirements of Section 110 and Part D deficiency call made pursuant to during the maintenance period. The of the CAA. sections 110(a)(2)(H) and 110(k)(2) of State has also committed to submit Final Action the CAA. periodic inventories of CO emissions Under the Regulatory Flexibility Act, every three years. EPA is approving the Hartford/New 5 U.S.C. 600 et seq., EPA must prepare Britain/Middletown CO maintenance D. Contingency Plan a regulatory flexibility analysis plan because it meets the requirements assessing the impact of any proposed or The level of CO emissions in the set forth in section 175A of the CAA. In final rule on small entities. 5 U.S.C. 603 Hartford/New Britain/Middletown area addition, the Agency is approving the and 604. Alternatively, EPA may certify will largely determine its ability to stay request to redesignate the Hartford/New that the rule will not have a significant in compliance with the CO NAAQS in Britain/Middletown CO area to impact on a substantial number of small the future. Despite the State’s best attainment, because the State has entities. Small entities include small efforts to demonstrate continued demonstrated compliance with the businesses, small not-for-profit compliance with the NAAQS, the requirements of section 107(d)(3)(E) for enterprises, and government entities ambient air pollutant concentrations redesignation. The EPA is publishing with jurisdiction over populations of may exceed or violate the NAAQS. Also, this action without prior proposal less than 50,000. SIP approvals under section 175A(d) of the CAA requires because the Agency views this as a section 110 and subchapter I, part D of that the contingency provisions include noncontroversial amendment and the CAA do not create any new a requirement that the State implement anticipates no adverse comments. requirements, but simply approve all measures contained in the SIP prior However, in a separate document in this requirements that the State is already to redesignation. Therefore, Connecticut Federal Register publication, the EPA is imposing. Therefore, because the federal has provided contingency measures proposing to approve the SIP revision SIP approval does not impose any new with a schedule for implementation in should adverse or critical comments be requirements, it does not have any the event of a future CO air quality filed. This action will be effective economic impact on any small entities. problem. The plan contains triggering January 2, 1996 unless, by November 30, Redesignation of an area to attainment mechanisms to determine when 1995, adverse or critical comments are under section 107(d)(3)(E) of the CAA contingency measures are needed. received. If the EPA receives such does not impose any new requirements Connecticut has developed a two- comments, this action will be on small entities. stage contingency plan. The first stage is withdrawn before the effective date by Redesignation is an action that affects the implementation of an enhanced I/M publishing a subsequent document that the status of a geographical area and program. The second stage is the will withdraw the final action. All does not impose any regulatory implementation of an oxygenated fuels public comments received will then be requirements on sources. Accordingly, I program throughout the Hartford CMSA. addressed in a subsequent final rule certify that the approval of the The CMSA includes several based on this action serving as a redesignation request will not have an municipalities outside the proposed rule. The EPA will not impact on any small entities. nonattainment area. Therefore, a institute a second comment period on oxygenated fuels program will provide this action. Any parties interested in Unfunded Mandates reductions from vehicles which commenting on this action should do so Under Sections 202, 203, and 205 of originate outside the nonattainment area at this time. If no such comments are the Unfunded Mandates Reform Act of but travel within it. received, the public is advised that this 1995 (‘‘Unfunded Mandates Act’’), In order to be an adequate action will be effective January 2, 1996. signed into law on March 25, 1995, EPA maintenance plan, the plan should Nothing in this action should be must undertake various actions in include at least one contingency construed as permitting or allowing or association with proposed or final rules measure that will go into effect with a establishing a precedent for any future that include a Federal mandate that may 55320 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations result in estimated costs of $100 million Subpart HÐConnecticut (b) Approval-On September 30, 1994, or more to the private sector, or to State, the Connecticut Department of local, or tribal governments in the 2. Section 52.370 is amended by Environmental Protection submitted a aggregate. adding paragraph (c)(69) to read as request to redesignate the Hartford/New Through submission of this state follows: Britain/Middletown Area carbon implementation plan or plan revision, § 52.370 Identification of plan. monoxide nonattainment area to attainment for carbon monoxide. As part the State and any affected local or tribal * * * * * of the redesignation request, the State governments have elected to adopt the (c) * * * submitted a maintenance plan as program provided for under section (69) Connecticut submitted the required by 175A of the Clean Air Act, 175A and section 187(a)(1) of the Clean Oxygenated Gasoline Program and as amended in 1990. Elements of the Air Act. The rules and commitments revisions on January 11, 1993, January section 175A maintenance plan include approved in this action may bind State, 12, 1993, January 14, 1993, and August a base year (1993 attainment year) local and tribal governments to perform 1, 1995. This submittal satisfied the emission inventory for carbon certain actions and also may ultimately requirements of section 211(m) of the monoxide, a demonstration of lead to the private sector being required Clean Air Act, as amended. maintenance of the carbon monoxide to certain duties. To the extent that the (i) Incorporation by reference. NAAQS with projected emission imposition of any mandate upon the (A) Letters dated January 11, 1993 and inventories to the year 2005 for carbon State, local or tribal governments either January 12, 1993 which included the monoxide, a plan to verify continued as the owner or operator of a source or oxygenated gasoline program, attainment, a contingency plan, and an as mandate upon the private sector, Regulations of Connecticut State obligation to submit a subsequent EPA’s action will impose no new Agencies (RCSA) Section 22a–174–28, maintenance plan revision in 8 years as requirements under State law; such with an effective date of November 2, required by the Clean Air Act. If the area sources are already subject to these 1992. records a violation of the carbon requirements under State law. (B) A letter dated January 14, 1993 monoxide NAAQS (which must be Accordingly, no additional costs to requesting that the RCSA Section 22a– confirmed by the State), Connecticut State, local, or tribal governments, or to 174–28, as submitted on January 11, will implement one or more appropriate the private sector, results from this 1993 and January 12, 1993, be adopted contingency measure(s) which are action. EPA has also determined that as part of Connecticut’s SIP. contained in the contingency plan. The this final action does not include a (C) A letter dated August 1, 1995, menu of contingency measure includes mandate that may result in estimated requesting that a revision to RCSA enhanced motor vehicle inspection and costs of $100 million or more to State, Section 22a–174–28(a), with an effective maintenance program and local, or tribal governments in the date of July 26, 1995, be approved and implementation of the oxygenated fuels aggregate or to the private sector. adopted as part of Connecticut’s SIP. program. The redesignation request and (ii) Additional materials. List of Subjects maintenance plan meet the (A) The Technical Support Document redesignation requirements in sections 40 CFR Part 52 for the Redesignation of the Hartford 107(d)(3)(E) and 175A of the Act as Environmental protection, Air Area as Attainment for Carbon amended in 1990, respectively. The pollution control, Carbon monoxide, Monoxide submitted on September 30, redesignation meets the Federal Hydrocarbons, Incorporation by 1994. requirements of section 182(a)(1) of the reference, Intergovernmental relations, (B) Nonregulatory portions of Clean Air Act as a revision to the Ozone. submittals. Connecticut Carbon Monoxide State 3. Section 52.376 is added to read as Implementation Plan for the above 40 CFR Part 81 follows: mentioned area. Air pollution control, National parks, Wilderness areas. § 52.376 Control strategy: Carbon Monoxide. PART 81Ð[AMENDED] Dated: August 31, 1995. (a) Approval-On January 12, 1993, the 1. The authority citation for part 81 John P. DeVillars, Connecticut Department of continues to read as follows: Regional Administrator. Environmental Protection submitted a Authority: 42 U.S.C. 7401–7671q. Chapter I, title 40 of the Code of revision to the carbon monoxide State Implementation Plan for the 1990 base Federal Regulations is amended as Subpart CÐSection 107 Attainment year emission inventory. The inventory follows: Status Designations was submitted by the State of PART 52Ð[AMENDED] Connecticut to satisfy Federal 2. In § 81.307 by revising the table for requirements under section 182(a)(1) of 1. The authority citation for part 52 ‘‘Connecticut-Carbon Monoxide’’ to read the Clean Air Act as amended in 1990, as follows: continues to read as follows: as a revision to the carbon monoxide Authority: 42 U.S.C. 7401–7671q. State Implementation Plan. § 81.307 Connecticut.
CONNECTICUTÐCARBON MONOXIDE
Designation Classification Designated area Date 1 Type Date 1 Type
Hartford-New Britain-Middletown Area: Hartford County (part) ...... Attainment ...... January 2, 1996 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations 55321
CONNECTICUTÐCARBON MONOXIDEÐContinued
Designation Classification Designated area Date 1 Type Date 1 Type
Bristol City, Burlington Town, Avon Town, Bloom- field Town, Canton Town, E. Granby Town, E. Hartford Town, E. Windsor Town, Enfield Town, Farmington Town, Glastonbury Town, Granby Town, Hartford city, Manchester Town, Marl- borough Town, Newington Town, Rocky Hill Town, Simsbury Town, S. Windsor Town, Suffield Town, W. Hartford Town, Wethersfield Town, Windsor Town, Windsor Locks Town, Berlin Town, New Britain city, Plainville Town, and Southington Town. Litchfield County (part): Plymouth Town ...... Nonattainment ...... Moderate ≤ 12.7 ppm. Middlesex County (part) ...... Nonattainment ...... Moderate ≤ 12.7 ppm. Cromwell Town, Durham Town, E. Hampton Town, Haddam Town, Middlefield Town, Mid- dleton city, Portland Town, E. Haddam Town. Tolland County (part) ...... Nonattainment ...... Moderate ≤ 12.7 ppm. Andover Town, Boton Town, Ellington Town, He- bron Town, Somers Town, Tolland Town, and Vernon Town. New Haven-Meriden-Waterbury Area: Fairfield County (part) Shelton City ...... Nonattainment ...... Not classified. Litchfield County (part) ...... Nonattainment ...... Not classified. Bethlehem Town, Thomaston Town, Watertown, Woodbury Town. New Haven County ...... Nonattainment ...... Not classified. New York-N. New Jersey-Long Island Area, Fairfield ...... Nonattainment ...... Moderate > 12.7 ppm. County (part). All cities and townships except Shelton city. Litchfield County (part) Bridgewater Town, New Mil- ...... Nonattainment ...... Moderate > 12.7 ppm. ford Town. AQCR 041 Eastern Connecticut Intrastate ...... Unclassifiable/Attainment. Middlesex County (part): All portions except cities and towns in Hartford Area New London County: Tolland County (part): All portions except cities and towns in Hartford Area. Windham County: AQCR 044 Northwestern Connecticut Intrastate ...... Unclassifiable/Attainment. Hartford County (part): Hartland Township. Litchfield County (part) All portions except cities and towns in Hartford, New Haven, and New York Areas. 1 This date is November 15, 1990, unless otherwise noted.
* * * * * 40 CFR Parts 52 and 81 SUMMARY: EPA is approving a [FR Doc. 95–26961 Filed 10–30–95; 8:45 am] maintenance plan and a request to BILLING CODE 6560±50±M [MD44±1±3001a, MD44±2±3002a; FRL±5315± redesignate the Baltimore carbon 4] monoxide (CO) nonattainment area, which is located within the Baltimore Approval and Promulgation of City Central Business District (CBD) Implementation Plans; Designation of within the Baltimore Metropolitan Areas for Air Quality Planning Statistical Area. The maintenance plan Purposes; Redesignation of the and redesignation requests were Baltimore Carbon Monoxide Area to submitted by the State of Maryland on Attainment and Approval of the Area's September 20, 1995. Under the 1990 Maintenance Plan and Emission amendments of the Clean Air Act (CAA) Inventory; State of Maryland designations can be revised if sufficient AGENCY: Environmental Protection data is available to warrant such Agency (EPA). revisions. In this action, EPA is approving Maryland’s request because it ACTION: Direct final rule. meets the maintenance plan and 55322 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations redesignation requirements set forth in II. Evaluation Criteria including the requirements of Part D the CAA. This action is being taken Section 107(d)(3)(E) of the 1990 Clean (relating to nonattainment), which were under section 110 of the CAA. Air Act Amendments provides five due prior to the date of Maryland’s DATES: This action will become effective specific requirements that an area must redesignation request. Maryland’s CO on December 15, 1995, unless, by meet in order to be redesignated from SIP was fully approved by EPA on November 30, 1995, adverse or critical nonattainment to attainment: September 19, 1984, at 40 CFR comments are received. If the effective 1. The area must have attained the 52.1070(c)(71), (49 FR 36645). The 1990 date is delayed, timely notice will be applicable NAAQS; CAA required that nonattainment areas published in the Federal Register. 2. The area must have a fully achieve specific new requirements approved SIP under section 110(k) of depending on the severity of the ADDRESSES: Comments may be mailed to CAA; nonattainment classification. Marcia L. Spink, Associate Director, Air 3. The air quality improvement must Requirements for the Baltimore area Programs, Mailcode 3AT00, U.S. be permanent and enforceable; included the preparation of a 1990 Environmental Protection Agency, 4. The area must have a fully emission inventory with periodic Region III, 841 Chestnut Building, approved maintenance plan pursuant to updates, adoption of an oxygenated Philadelphia, Pennsylvania 19107. section 175A of the CAA; fuels program, the development of Copies of the documents relevant to this 5. The area must meet all applicable contingency measures, and action are available for public requirements under section 110 and Part development of conformity procedures. inspection during normal business D of the CAA. Each of these requirements added by the hours at the Air, Radiation, and Toxics 1990 Amendments to the CAA are III. Review of State Submittal Division, U.S. Environmental Protection discussed in greater detail below. Agency, Region III, 841 Chestnut On September 20, 1995, EPA Consistent with the October 14, 1994 Building, Philadelphia, Pennsylvania determined that the information EPA guidance from Mary D. Nichols 19107; Maryland Department of the received from the State of Maryland entitled ‘‘Part D New Source Review Environment, 2500 Broening Highway, constituted a complete redesignation (Part D NSR) Requirements for Areas Baltimore Maryland 21224. request under the general completeness Requesting Redesignation to FOR FURTHER INFORMATION CONTACT: criteria of 40 CFR part 51, appendix V, Attainment,’’ EPA is not requiring full Catherine L. Magliocchetti, (215) 597– §§ 2.1 and 2.2. Maryland’s redesignation approval of a Part D NSR program by 6863. request for the Baltimore area meets the Maryland as a prerequisite for five requirements of section redesignation to attainment. Under this SUPPLEMENTARY INFORMATION: On 107(d)(3)(E), noted above. The following guidance, nonattainment areas may be September 20, 1995, the State of is a brief description of how the State redesignated to attainment Maryland submitted a formal revision to has fulfilled each of these requirements. notwithstanding the lack of a fully- its State Implementation Plan (SIP). The approved Part D NSR program, so long 1. Attainment of the CO NAAQS SIP revision consists of a maintenance as the program is not relied upon for plan, and a request to redesignate the Maryland has quality-assured CO maintenance. Because the Baltimore Baltimore CO nonattainment area from ambient air monitoring data showing area is being redesignated to attainment nonattainment to attainment for carbon that the Baltimore area has met the CO by this action, Maryland’s Prevention of monoxide. NAAQS. The Maryland request is based Significant Deterioration (PSD) I. Background on an analysis of quality-assured CO air requirements will be applicable to new monitoring data which is relevant to the or modified sources in the Baltimore The Baltimore area was designated a maintenance plan and to the area. Maryland has been delegated PSD CO nonattainment area under the Clean redesignation request. To attain the CO authority (see § 52.1116 Maryland, 45 Air Act Amendments of 1990 (see 40 NAAQS, an area must have complete FR 52741, August 7, 1980, as amended CFR 81.321). The National Ambient Air quality-assured data showing no more 47 FR 7835, February 23, 1982). Quality Standard (NAAQS) for CO is 9.5 than one exceedance of the standard per parts per million (ppm). Carbon year over at least two consecutive years. A. Emission Inventory monoxide nonattainment areas can be The ambient air CO monitoring data for On March 24, 1994, Maryland classified as moderate or serious, based calendar year 1989 through calendar submitted a 1990 base year emissions on their design values. Since the year 1995, relied upon by Maryland in inventory to EPA for review and Baltimore CO nonattainment area had a its redesignation request, shows no approval. This inventory was used as design value of 9.6 ppm (based on 1988 violations of the CO NAAQS in the the basis for calculations to demonstrate and 1989 data), the area was classified Baltimore area during this time. Because maintenance. Maryland’s submittal as moderate. The CAA established an the area has complete quality assured contains the detailed inventory data and attainment date of December 31, 1995 data showing no more than one summaries by source category. for all moderate CO areas. The exceedance of the standard per year Maryland’s submittal also contains Baltimore area has ambient air quality over at least two consecutive years information related to how it comported monitoring data showing attainment of (1994 and 1995), the area has met the with EPA’s guidance, and which model the CO NAAQS from 1989 through first statutory criterion of attainment of and emissions factors were used (note, 1994. Therefore, in an effort to comply the CO NAAQS (40 CFR 50.8 and the MOBILE 5a model was used), how with the CAA and to ensure continued appendix C). Maryland has committed vehicle miles travelled (VMT) data was attainment of the NAAQS, on to continue monitoring in this area in generated, and other technical September 20, 1995 the State of accordance with 40 CFR part 58. information verifying the emission Maryland submitted a CO redesignation inventory. A summary of the base year request and a maintenance plan for the 2. Fully Approved SIP Under Section and projected maintenance year Baltimore area. Maryland submitted 110(k) of the CAA inventories are shown in the following evidence that a public hearing was held Maryland’s CO SIP is fully approved table in this section. on August 9, 1995 in Baltimore on this by EPA as meeting all the requirements Section 172(c)(3) of the CAA requires revision to the State’s SIP. of Section 110(a)(2)(I) of the Act, that nonattainment plan provisions Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations 55323 include a comprehensive, accurate, and was subject to the requirement to adopt transportation and general conformity current inventory of actual emissions an oxygenated fuel program. Maryland provisions in the SIP for areas from all sources of relevant pollutants in submitted an oxygenated gasoline SIP designated nonattainment or subject to the nonattainment area. Maryland revision for the Baltimore MSA to EPA a maintenance plan approved under included the requisite inventory in the on November 13, 1992. EPA approved CAA section 175A. Pursuant to § 51.396 redesignation request and maintenance the SIP revision for Maryland on June 6, of the transportation conformity rule plan SIP revision. The base year for the 1994. As noted in the Maryland and § 51.851 of the general conformity inventory was 1990, using a three redesignation request, the State has rule, the State of Maryland was required month CO season of December 1990 relegated the oxygenated fuel program to submit a SIP revision containing through February 1991. Stationary point to contingency status under the transportation conformity criteria and sources, stationary area sources, on-road redesignation. Through emergency procedures consistent with those mobile sources, and off-road mobile rulemaking procedures, Maryland established in the Federal rule by sources of CO were included in the modified these regulations to provide November 25, 1994. Similarly, inventory. The following table, Table 1, for the oxygenated gasoline control Maryland was required to submit a SIP presents a summary of the attainment period to be required in future years as revision containing general conformity year’s (1990) and projected year’s (2007) a contingency measure to ensure criteria and procedures consistent with CO peak season daily emissions maintenance of the National Ambient those established in the Federal rule by estimates in tons per winter day (tpd) by Air Quality Standard (NAAQS) for CO. December 1, 1994. Maryland submitted source category: The rule change states that upon a transportation conformity SIP revisions monitored violation of the CO NAAQS to EPA on May 16, 1995. Furthermore, TABLE 1.ÐCO PEAK SEASON DAILY (two or more exceedances of the CO Maryland submitted, on May 15, 1995, EMISSIONS NAAQS in a single calendar year), the SIP revisions for general conformity. oxygenated gasoline control period shall Although this redesignation request 1990 Base 2007 Pro- be reinstated. Under the amended was submitted to EPA after the due year emis- jected regulations, a notice by July 1 of any dates for the SIP revisions for sions emissions year for an area would reinstate the transportation conformity (58 FR 62188) (tons per (tons per and general conformity (58 FR 63214) day) day) oxygenated gasoline requirements beginning on November 1 of that year. rules, EPA believes it is reasonable to On-road Mobile ...... 1789.80 732.30 This emergency regulation change is interpret the conformity requirements as Off-road Mobile ...... 223.28 245.19 effective from September 13, 1995 not being applicable requirements for Area ...... 116.47 145.74 through February 28, 1996. Maryland is purposes of evaluating the redesignation Stationary ...... 375.25 381.14 currently pursuing permanent adoption request under section 107(d). The Total ...... 2504.8 1504.37 of these regulations, and final adoption rationale for this is based on a of the permanent rule change should combination of two factors. First, the Available guidance for preparing become effective in January 1996. requirement to submit SIP revisions to emission inventories is provided in the Maryland’s maintenance comply with the conformity provisions General Preamble (57 FR 13498, April demonstration, described below, asserts of the Act continues to apply to areas 16, 1992). that oxygenated gasoline in the after redesignation to attainment. Section 110(k) of the CAA sets out Baltimore MSA is not necessary for Therefore, the State remains obligated to provisions governing the EPA’s review continued maintenance of the CO adopt the transportation and general of base year emission inventory NAAQS. Consequently, EPA is conformity rules even after submittals in order to determine approving Maryland’s use of oxygenated redesignation and would risk sanctions approval or disapproval under section gasoline as a contingency measure for for failure to do so. While redesignation 187(a)(1). The EPA is granting approval the Baltimore area. of an area to attainment enables the area of the Maryland 1990 base year CO to avoid further compliance with most C. Conformity emissions inventories as found in the requirements of section 110 and part D, Baltimore CO Redesignation Request, Under section 176(c) of the CAA, since those requirements are linked to based on the EPA’s technical review of states were required to submit revisions the nonattainment status of an area, the the CO inventory. For further details on to their SIPs that include criteria and conformity requirements apply to both the emission inventory, the reader is procedures to ensure that Federal nonattainment and maintenance areas. referred to the Technical Support actions conform to the air quality Second, EPA’s federal conformity rules Document, which is available for review planning goals in the applicable SIPs. require the performance of conformity at the addresses provided above. The requirement to determine analyses in the absence of state-adopted conformity applies to transportation B. Oxygenated Gasoline rules. Therefore, a delay in adopting plans, programs and projects developed, State rules does not relieve an area from Section 211(m) of the CAA requires funded or approved under Title 23 the obligation to implement conformity that each State in which there is located U.S.C. or the Federal Transit Act requirements. a CO nonattainment area with a design (‘‘transportation conformity’’), as well as Because areas are subject to the value of 9.5 ppm or above based on data all other Federal actions (‘‘general conformity requirements regardless of for the 2-year period of 1988 and 1989 conformity’’). Congress provided for the whether they are redesignated to shall submit a SIP revision which State revisions to be submitted one year attainment and must implement requires the implementation of an after the date of promulgation of final conformity under Federal rules if State oxygenated gasoline program in the EPA conformity regulations. EPA rules are not yet adopted, EPA believes Consolidated Metropolitan Statistical promulgated final transportation it is reasonable to view these Area (CMSA) or Metropolitan Statistical conformity regulations on November 24, requirements as not being applicable Area (MSA) in which the nonattainment 1993 (58 FR 62188) and final general requirements for purposes of evaluating area is located. The Baltimore area has conformity regulations on November 30, a redesignation request. a design value above 9.5 ppm based on 1993 (58 FR 63214). These conformity Therefore, with this notice, EPA is 1988 and 1989 data and consequently rules require that the States adopt both modifying its national policy regarding 55324 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations the interpretation of the provisions of to assure prompt correction of any air B. Demonstration of Maintenance- section 107(d)(3)(E) concerning the quality problems. In this notice, EPA is Projected Inventories applicable requirements for purposes of approving the State of Maryland’s Total CO emissions were projected reviewing a carbon monoxide maintenance plan for the Baltimore area from 1990 base year out to 2005 and redesignation request. Under this new because EPA finds that Maryland’s 2010, and then interpolated for the policy, for the reasons just discussed, submittal meets the requirements of maintenance plan’s projection year, EPA believes that the CO redesignation section 175A. 2007. These projected inventories were request for the Baltimore area may be prepared in accordance with EPA approved notwithstanding the lack of A. Attainment Emission Inventory guidance. Maryland will not implement approved state transportation and As previously noted, on March 24, the oxygenated fuel program in the general conformity rules. 1994, Maryland submitted a 1990 base Baltimore MSA unless a violation of the 3. Improvement in Air Quality Due to year emissions inventory to EPA for standard triggers the program for the Permanent and Enforceable Measures review and approval. The inventory following CO season. includes emissions from area, The projections show that calculated EPA approved Maryland’s CO SIP stationary, and mobile sources using under the 1977 CAA. Emission CO emissions, assuming no oxygenated 1990 as the base year for calculations. fuels program, are not expected to reductions achieved through the The State submittal contains the implementation of control measures exceed the level of the base year detailed inventory data and summaries inventory during this time period. contained in that SIP are enforceable. by county and source category. The Maryland cites the Federal Motor Therefore, it is anticipated that the comprehensive base year emissions Vehicle Control Program (FMVCP) as Baltimore area will maintain the CO inventory was submitted in the National the major source of reductions that led standard without the program, and the Emission Data System format. This to attainment of the CO standard. oxygenated fuel program will not need inventory was prepared in accordance Stationary sources have also been to be implemented following with EPA guidance. required to improve combustion redesignation, except as a contingency efficiency through the Best Available The 1990 inventory can be considered measure. representative of attainment conditions Control Technology (BACT) C. Verification of Continued Attainment requirements. Both of these measures because the CO NAAQS was not are considered permanent and violated during 1990. Maryland Continued attainment of the CO enforceable. established the 1990 inventory as the NAAQS in the Baltimore area depends, As discussed above, the State initially attainment inventory, and forecasted in part, on the State’s efforts toward attained the NAAQS in 1989 with future emissions out to the year 2007 in tracking indicators of continued monitored attainment through 1994. its redesignation request. The State attainment during the maintenance This indicates that the improvements projected emissions for the end of the period. In addition, comprehensive are due to the permanent and maintenance period using appropriate reviews will be conducted periodically enforceable measures contained in the growth factors, consistent with EPA of the factors used to develop the 1982 CO SIP. guidance. To project future emissions attainment inventories and those used Maryland has demonstrated that from mobile sources, MOBILE5a was to project CO emissions levels for 2007. actual enforceable emission reductions used to assess the benefits gained from If any of the localities find significant are responsible for the air quality federally mandated control measures. differences between actual and improvement and that the CO emissions Maryland assumed the following control projected growth, updated emission in the base year are not artificially low programs, when projecting the inventories will be developed to due to local economic downturn. EPA inventory: FMVCP, the 1992 Reid Vapor compare with the projections. Pressure Program, Tier 1 controls on finds that the combination of certain D. Contingency Plan existing EPA-approved SIP and federal new vehicles, Evaporative Emissions measures contribute to the permanence Control Program, Federal Reformulated The level of CO emissions in the and enforceability of reduction in Gasoline, Enhance Inspection & Baltimore area will largely determine its ambient CO levels that have allowed the Maintenance, Low Emission Vehicles, ability to stay in compliance with the area to attain the NAAQS. Stage II Vapor Recovery, and On-Board CO NAAQS in the future. Despite the Controls. Since these programs are State’s best efforts to demonstrate 4. Fully Approved Maintenance Plan either a) federal measures that are continued compliance with the NAAQS, Under Section 175A currently adopted or will be adopted in the ambient air pollutant concentrations Section 175A of the CAA sets forth the future under the CAA, or b) state may exceed or violate the NAAQS. the elements of a maintenance plan for regulations which are currently Section 175(A)(d) of the CAA requires areas seeking redesignation from approved into the SIP, they constitute that the contingency provisions include nonattainment to attainment. appropriate assumptions for future a requirement that the State implement The plan must demonstrate continued modeling scenarios. Stationary source all measures contained in the SIP prior attainment of the applicable NAAQS for emissions and off-road mobile source to redesignation. Therefore, Maryland at least ten years after the Administrator emissions were projected using the 1990 has provided for oxygenated fuels as a approves a redesignation to attainment. base year inventory and multiplying contingency measure in the event of a Eight years after the redesignation, the with appropriate projection factors. The future CO air quality problem. The plan State must submit a revised area source future emissions were contains an acceptable triggering maintenance plan which demonstrates projected using the 1990 base year mechanism (a violation of the CO attainment for the ten years following inventory and multiplying the inventory standard) to determine when the the initial ten-year period. To provide with household, population, and contingency measure is needed. for the possibility of future NAAQS employment growth factors from the Maryland has changed its oxygenated violations, the maintenance plan must Round 5 Cooperative forecasting process fuel rule, through emergency contain contingency measures, with a conducted by the Baltimore rulemaking procedures, to require schedule for implementation adequate Metropolitan Council. oxygenated gasoline as a contingency Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations 55325 measure for the purposes of the Baltimore MSA, as found in the statutory requirements. Section 203 redesignation. Maryland has also State’s redesignation request and requires EPA to establish a plan for provided a schedule to EPA for the maintenance plan. The EPA is informing and advising any small permanent adoption of the oxygenated publishing this action without prior governments that may be significantly fuel regulation change. EPA finds this proposal because the Agency views this or uniquely impacted by the rule. an acceptable contingency measure as a noncontroversial amendment and EPA has determined that the approval which fulfills the requirements of anticipates no adverse comments. action promulgated does not include a section 175(A)(d). However, in a separate document in this Federal mandate that may result in Federal Register publication, the EPA is estimated costs of $100 million or more E. Subsequent Maintenance Plan proposing to approve the SIP revision to either State, local, or tribal Revisions should adverse or critical comments be governments in the aggregate, or to the In accordance with section 175A(b) of filed. This action will be effective private sector. This Federal action the CAA, the State must submit a December 15, 1995, unless, by approves pre-existing requirements revised maintenance SIP eight years November 30, 1995, adverse or critical under State or local law, and imposes after the area is redesignated to comments are received. If the EPA no new Federal requirements. attainment. Such a revised SIP will receives such comments, this action will Accordingly, no additional costs to provide for maintenance for an be withdrawn before the effective date State, local, or tribal governments, or to additional ten years. by publishing a subsequent document the private sector, result from this that will withdraw the final action. All action. 5. Meeting Applicable Requirements of Redesignation of an area to attainment Section 110 and Part D public comments received will then be addressed in a subsequent final rule under section 107(d)(3)(E) of the CAA In Section III.2. above, EPA sets forth based on this action serving as a does not impose any new requirements the basis for its conclusion that proposed rule. The EPA will not on small entities. Redesignation is an Maryland has a fully approved SIP institute a second comment period on action that affects the status of a which meets the applicable this action. Any parties interested in geographical area and does not impose requirements of Section 110 and Part D commenting on this action should do so any regulatory requirements on sources. of the CAA. at this time. If no such comments are The Administrator certifies that the EPA is approving this SIP revision received, the public is advised that this approval of the redesignation request without prior proposal because the action will be effective December 15, will not affect a substantial number of Agency views this as a noncontroversial 1995. small entities. amendment and anticipates no adverse Nothing in this action should be The CO SIP is designed to satisfy the comments. However, in a separate construed as permitting, allowing, or requirements of part D of the CAA and document in this Federal Register establishing a precedent for any future to provide for attainment and publication, EPA is proposing to request for revision to any state maintenance of the CO NAAQS. This approve the SIP revision should adverse implementation plan. Each request for final redesignation should not be or critical comments be filed. This revision to the state implementation interpreted as authorizing the State to action will be effective December 15, plan shall be considered separately in delete, alter, or rescind any of the CO 1995, unless, by November 30, 1995, light of specific technical, economic, emission limitations and restrictions adverse or critical comments are and environmental factors and in contained in the approved CO SIP. received. relation to relevant statutory and Changes to CO SIP regulations rendering If EPA receives such comments, this regulatory requirements. them less stringent than those contained action will be withdrawn before the Under the Regulatory Flexibility Act, in the EPA approved plan cannot be effective date by publishing a 5 U.S.C. 600 et seq., EPA must prepare made unless a revised plan for subsequent document that will a regulatory flexibility analysis attainment and maintenance is withdraw the final action. All public assessing the impact of any proposed or submitted to and approved by EPA. comments received will then be final rule on small entities. 5 U.S.C. 603 Unauthorized relaxations, deletions, addressed in a subsequent final rule and 604. Alternatively, EPA may certify and changes could result in both a based on this action serving as a that the rule will not have a significant finding of non-implementation (section proposed rule. EPA will not institute a impact on a substantial number of small 179(a) of the CAA) and in a SIP second comment period on this action. entities. Small entities include small deficiency call made pursuant to Any parties interested in commenting businesses, small not-for-profit sections 110(a)(2)(H) and 110(k)(2) of on this action should do so at this time. enterprises, and government entities the CAA. If no such comments are received, the with jurisdiction over populations of SIP approvals under section 110 and public is advised that this action will be less than 50,000. subchapter I, part D of the CAA do not effective on December 15, 1995. Under Section 202 of the Unfunded create any new requirements, but Mandates Reform Act of 1995 simply approve requirements that the Final Action (‘‘Unfunded Mandates Act’’), signed State is already imposing. Therefore, EPA is approving the Baltimore area into law on March 22, 1995, EPA must because the federal SIP approval does CO maintenance plan because it meets prepare a budgetary impact statement to not impose any new requirements, it the requirements set forth in section accompany any proposed or final rule does not have any economic impact on 175A of the CAA. In addition, the that includes a Federal mandate that any small entities. Redesignation of an Agency is approving the request and may result in estimated costs to State, area to attainment under section redesignating the Baltimore CO local, or tribal governments in the 107(d)(3)(E) of the CAA does not impose nonattainment area to attainment, aggregate; or to the private sector, of any new requirements on small entities. because the State has demonstrated $100 million or more. Under section This action has been classified as a compliance with the requirements of 205, EPA must select the most cost- Table 3 action for signature by the section 107(d)(3)(E) for redesignation. effective and least burdensome Regional Administrator under the EPA is also approving Maryland’s 1990 alternative that achieves the objectives procedures published in the Federal base year CO emissions inventory for of the rule and is consistent with Register on January 19, 1989 (54 FR 55326 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations
2214–2225), as revised by a July 10, 40 CFR Part 81 Carbon Monoxide nonattainment area 1995 memorandum from Mary Nichols, Air pollution control. adopted on August 31, 1995. Assistant Administrator for Air and (ii) Additional material. Dated: September 29, 1995. Radiation. The Office of Management (A) Remainder of September 20, 1995 and Budget (OMB) has exempted this W. Michael McCabe, State submittal. regulatory action from E.O. 12866 Regional Administrator, Region III. 3. Section 52.1075 is added to read as review. Chapter I, title 40 of the Code of follows: Under section 307(b)(1) of the Clean Federal Regulations is amended as § 52.1075 1990 base year emission Air Act, petitions for judicial review of follows: inventory for carbon monoxide. this action must be filed in the United PART 52Ð[AMENDED] EPA approves as a revision to the States Court of Appeals for the Maryland State Implementation Plan the appropriate circuit by January 2, 1996. 1. The authority citation for part 52 1990 base year emission inventory for Filing a petition for reconsideration by continues to read as follows: the Baltimore Metropolitan Statistical the Administrator of this final rule does Authority: 42 U.S.C. 7401–7671q. Area, submitted by the Secretary, not affect the finality of this rule for the Maryland Department of the purposes of judicial review nor does it Subpart VÐMaryland Environment, on September 20, 1995. extend the time within which a petition 2. Section 52.1070 is amended by This submittal consists of the 1990 base for judicial review may be filed, and adding paragraph (c)(117) to read as year stationary, area, off-road mobile shall not postpone the effectiveness of follows: and on-road mobile emission such rule or action. This rulemaking inventories in the Baltimore redesignating the Baltimore CO § 52.1070 Identification of plan. Metropolitan Statistical Area for the nonattainment area to attainment, * * * * * pollutant, carbon monoxide (CO). (c) * * * approving the maintenance plan PART 81Ð[AMENDED] submitted by the Maryland Department (117) The carbon monoxide of the Environment on September 20, redesignation request and maintenance 1. The authority citation for part 81 1995, and approving the CO emissions plan for the Baltimore Carbon Monoxide continues to read as follows: nonattainment area, submitted by the inventory submitted on March 24, 1994 Maryland Department of the Authority: 42 U.S.C. 7401–7671q. may not be challenged later in Environment on September 20, 1995, as proceedings to enforce its requirements. Subpart CÐSection 107 Attainment part of the Maryland SIP. The emission Status Designations (See section 307(b)(2).) inventory projections are included in List of Subjects the maintenance plan. 2. In § 81.321, the table for (i) Incorporation by reference. ‘‘Maryland-Carbon Monoxide’’ is 40 CFR Part 52 (A) Letter of September 20, 1995 from amended by revising the entry for the Maryland Department of the ‘‘Baltimore Area Baltimore City (part) Environmental protection, Air Environment requesting the Regional Planning District No. 118’’ to pollution control, Carbon monoxide, redesignation and submitting the read as follows: Incorporation by reference, maintenance plan. Intergovernmental relations, Reporting (B) The ten year carbon monoxide § 81.321 Maryland. and recordkeeping requirements. maintenance plan for the Baltimore * * * * *
MARYLANDÐCARBON MONOXIDE
Designation Classification Designated area Date 1 Type Date 1 Type
Baltimore Area Baltimore city (part) Regional Planning District No. 118 [insert date 45 days after publica- Attainment ...... (generally corresponding to the Central Business District). tion date].
******* 1 This date is November 15, 1990, unless otherwise noted.
* * * * * SUMMARY: EPA is finalizing the update portion of the OCS air regulation that is [FR Doc. 95–26959 Filed 10–30–95; 8:45 am] to a portion of the Outer Continental being updated pertains to the BILLING CODE 6560±50±P Shelf (‘‘OCS’’) Air Regulations. requirements for OCS sources for which Requirements applying to OCS sources the State of Florida will be the located within 25 miles of states’ designated COA. This final action 40 CFR Part 55 seaward boundaries must be updated incorporates the requirements contained in ‘‘State of Florida Requirements [FRL±5227±3] periodically to remain consistent with the requirements of the corresponding Applicable to OCS Sources’’ (January Outer Continental Shelf Consistency onshore area (‘‘COA’’), as mandated by 11, 1995). Update for Florida section 328(a)(1) of the Clean Air Act EFFECTIVE DATE: This action is effective (‘‘the Act’’), the Clean Air Act November 30, 1995. AGENCY: Environmental Protection Agency (EPA). Amendments of 1990, the applicable ADDRESSES: Copies of the documents requirements for certain areas for Air relevant to this action are available for ACTION: Final rule, consistency update. Pollution from OCS Activities. The public inspection during normal Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations 55327 business hours Monday through Friday indirect sources be treated as direct B. Regulatory Flexibility Act at the following locations: sources. The Regulatory Flexibility Act of 1980 EPA Air Docket, Attn: Docket No. A– Response: In a decision concerning requires each federal agency to perform 93–31, Environmental Protection marine vessels in transit among OCS a Regulatory Flexibility Analysis for all Agency, 401 M Street, SW., sources, the Court of Appeals for the rules that are likely to have a Washington DC 20460, Room M– District of Columbia Circuit (D.C. ‘‘significant impact on a substantial 1500. Circuit) issued an opinion which number of small entities.’’ Small entities EPA Air Docket, Attn: Docket No. A– responds to Comment 1.1. In Santa include small businesses, organizations, 93–31, Environmental Protection Barbara County Air Pollution Control and governmental jurisdictions. Agency, Region 4 Library, 345 District v. EPA, (D.C. Circuit No. 92– As was stated in the final regulation, Courtland Street, NE, Atlanta, GA 1569), the court addresses whether EPA the OCS rule does not apply to any 30365. had appropriately addressed marine small entities, and the structure of the vessels in the OCS Air Regulations final rule averts direct impacts and mitigates FOR FURTHER INFORMATION CONTACT: R. rule (57 FR 40792, September 4, 1992). indirect impacts on small entities. This Scott Davis, Air, Pesticides, and Toxics In 40 CFR 55.2 of the final rule, the consistency update merely incorporates Management Division, U.S. EPA Region definition of potential emissions states onshore requirements into the OCS rule 4, 345 Courtland Street, NE, Atlanta, GA that: to maintain consistency with onshore 30365. Telephone (404) 347–3555 ext. regulations as required by section 328 of 4144. Pursuant to section 328 of the Act, emissions from vessels servicing or the Act and does not alter the structure SUPPLEMENTARY INFORMATION: associated with an OCS source shall be of the rule. The EPA certifies that this notice of Background considered direct emissions from such a source while at the source, and while enroute proposed rulemaking will not have a On April 13, 1995, in 60 FR 18787, to or from the source when within 25 miles significant impact on a substantial EPA proposed to approve the following of the source, and shall be included in the number of small entities. requirements into the OCS Air ‘potential to emit’ for an OCS source. C. Paperwork Reduction Act Regulations: ‘‘State of Florida Requirements Applicable to OCS In the opinion of the Court, the The Office of Management and Budget Sources’’ (January 11, 1995). These definition in 40 CFR 55.2 was found to (OMB) has approved the information requirements are being promulgated in be a permissible reading of the statute collection requirements contained in the response to the submittal of a Notice Of and the Court agreed with the Agency’s final OCS rulemaking dated September Intent, submitted by Chevron U.S.A., interpretation of the statute. It is 4, 1992, under the provisions of the Inc., Conoco Inc., and Murphy important to note that the Court upheld Paperwork Reduction Act, 44 U.S.C. Exploration & Production Company on EPA’s interpretation that vessels were 35012 et seq., and has assigned OMB February 10, 1995, and represents the not to be treated in and of themselves control number 2060–0249. This second update of part 55 for the State of as OCS sources, subject to control consistency update does not add any Florida. EPA has evaluated the above technology requirements. further requirements. requirements to ensure that they are EPA Action List of Subjects in 40 CFR Part 55 rationally related to the attainment or Administrative practice and maintenance of federal or state ambient In today’s notice EPA takes final procedures, Air pollution control, air quality standards or part C of title I action to incorporate the proposed Hydrocarbons, Incorporation by of the Act, that they are not designed changes into 40 CFR part 55. No reference, Intergovernmental relations, expressly to prevent exploration and changes were made to the proposal set Nitrogen oxides, Outer Continental development of the OCS, and that they forth in the April 13, 1995, notice of Shelf, Ozone, Particulate matter, are applicable to OCS sources (40 CFR proposed rulemaking. EPA is approving Permits, Reporting and recordkeeping 55.1). EPA has also evaluated the rules the submittal as modified in the requirements, Sulfur oxides. to ensure they are not arbitrary or proposal under section 328(a)(1) of the capricious (40 CFR 55.12 (e)). In Act, 42 U.S.C. 7627. Section 328(a) of Dated: June 16, 1995. addition, EPA has excluded the Act requires that EPA establish John H. Hankinson, Jr., administrative or procedural rules. requirements to control air pollution Regional Administrator. Response to Public Comments from OCS sources located within 25 Title 40 of the Code of Federal miles of states’ seaward boundaries that A 30-day public comment period was Regulations, part 55, is to be amended are the same as onshore requirements. as follows: provided in 60 FR 18787. EPA received To comply with this statutory mandate, one comment from the public. The EPA must incorporate applicable PART 55Ð[AMENDED] comment and response is summarized onshore rules into part 55 as they exist below. onshore. 1. The authority citation for part 55 continues to read as follows: 1. Vessel Emissions Considered Direct Administrative Requirements Emissions From the OCS Source Authority: Section 328 of the Clean Air Act A. Executive Order 12291 (Regulatory (42 U.S.C. 7401 et seq.) as amended by Public 1–1. Comment: The requirement of Impact Analysis) Law 101–549. Section 328 of the Act that emissions 2. Section 55.14 is amended by from any vessel servicing or associated The Office of Management and Budget revising paragraph (e)(6)(i)(A) to read as with an OCS source, including has exempted this rule from the follows: emissions while at the OCS source or en requirements of Section 3 of Executive route to or from the OCS source within Order 12291. This exemption continues § 55.14 Requirements that apply to OCS 25 miles of the OCS source, shall be in effect under Executive Order 12866, sources located within 25 miles of states considered direct emissions from the which superseded Executive Order seaward boundaries, by state. OCS source requires that certain 12291 on September 30, 1993. * * * * * 55328 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations
(e) * * * 210.200 Definitions (Adopted 11/23/ 273.300 Air Pollution Episodes (6) * * * 94) (Adopted 9/25/92) (i) * * * 210.300 Permits Required (Adopted 273.400 Air Alert (Adopted 9/25/92) (A) State of Florida Requirements 11/23/94) 273.500 Air Warning (Adopted 9/25/ Applicable to OCS Sources, January 11, 210.360 Administrative Permit 92) 1995. Corrections (Adopted 11/23/94) 273.600 Air Emergency (Adopted 9/ * * * * * 210.370 Reports (Adopted 11/23/94) 25/92) 3. Appendix A to CFR Part 55 is 210.400 Emission Estimates (Adopted 296.100 Purpose and Scope (Adopted amended by revising paragraph (a)(1) 11/23/94) 11/23/94) under the heading Florida to read as 210.500 Air Quality Models (Adopted 296.200 Definitions (Adopted 11/23/ follows: 11/23/94) 94) 210.550 Stack Height Policy (Adopted 296.310 General Particulate Emission Appendix A to 40 CFR Part 55ÐListing 11/23/94) Limiting Standards (Adopted 11/23/ of State and Local Requirements 210.600 Enhanced Monitoring 94) Incorporated by Reference Into Part 55, (Adopted 11/23/94) 296.320 General Pollutant Emission by State. 210.650 Circumvention (Adopted 9/ Limiting Standards, except (2) 25/92) (Adopted 2/2/93) * * * * * 210.700 Excess Emissions (Adopted 296.330 Best Available Control Technology (BACT) (Adopted 11/23/ Florida 11/23/94) 210.900 Forms (Adopted 11/23/94) 94) (a) * * * 210.980 Severability (Adopted 9/25/ 296.400 Specific Emission Limiting (1) The following requirements are 92) and Performance Standards (Adopted contained in State of Florida 212.100 Purpose and Scope (Adopted 11/23/94) Requirements Applicable to OCS 2/2/93) 296.500 Reasonably Available Control Sources, January 11, 1995: 212.200 Definitions (Adopted 2/2/93) Technology (RACT)—Volatile Organic Florida Administrative Code- 212.300 Sources Not Subject to Compounds (VOC) and Nitrogen Department of Environmental Prevention of Significant Oxides (NOX) Emitting Facilities Protection. The following sections of Deterioration or Nonattainment (Adopted 11/23/94) Chapter 62: Requirements (Adopted 9/25/92) 296.570 Reasonably Available Control 4.001 Scope of Part I (Adopted 8/31/ 212.400 Prevention of Significant Technology (RACT)—Requirements 88) Deterioration (Adopted 2/2/93) for Major VOC- and NOX-Emitting 4.020 Definitions (Adopted 7/11/93) 212.410 Best Available Control Facilities (Adopted 11/23/94) 4.021 Transferability of Definitions Technology (BACT) (Adopted 9/25/ 296.600 Reasonably Available Control (Adopted 8/31/88) Technology (RACT)—Lead (Adopted 4.030 General Prohibitions (Adopted 92) 212.500 New Source Review for 8/8/94) 8/31/88) 296.601 Lead Processing Operations in Nonattainment Areas (Adopted 2/2/ 4.040 Exemptions (Adopted 8/31/88) General (Adopted 8/8/94) 93) 4.050 Procedure to Obtain Permit; 296.700 Reasonably Available Control 212.510 Lowest Achievable Emission Application, except (4)(b) through Technology (RACT)—Particulate Rate (LAER) (Adopted 9/25/92) (4)(l) and 4(r) (Adopted 11/23/94) Matter, except (2)(f) (Adopted 11/23/ 212.600 Source Specific New Source 4.070 Standards for Issuing or Denying 94) Permits; Issuance; Denial (Adopted 3/ Review Requirements (Adopted 9/25/ 296.800 Standards of Performance for 28/91) 92) New Stationary Sources (NSPS) 212.700 Source Reclassification 4.080 Modification of Permit (Adopted 11/23/94) Conditions (Adopted 3/19/90) (Adopted 9/25/92) 296.810 National Emission Standards 4.090 Renewals (Adopted 7/11/93) 256.100 Declaration and Intent for Hazardous Air Pollutants 4.100 Suspension and Revocation (Adopted 11/30/94) (NESHAP)—Part 61 (Adopted 11/23/ (Adopted 8/31/88) 256.200 Definitions (Adopted 11/30/ 94) 4.110 Financial Responsibility 94) 296.820 National Emission Standards (Adopted 8/31/88) 256.300 Prohibitions (Adopted 11/30/ for Hazardous Air Pollutants 4.120 Transfer of Permits (Adopted 3/ 94) (NESHAP)—Part 63 (Adopted 11/23/ 19/90) 256.450 Open Burning Allowed 94) 4.130 Plant Operation—Problems (Adopted 6/27/91) 297.100 Purpose and Scope (Adopted (Adopted 8/31/88) 256.600 Industrial, Commercial, 11/23/94) 4.160 Permit Conditions, except (16) Municipal and Research Open 297.200 Definitions (Adopted 11/23/ and (17) (Adopted 7/11/93) Burning (Adopted 8/26/87) 94) 4.200 Scope of Part II (Adopted 8/31/ 256.700 Open Burning Allowed 297.310 General Test Requirements 88) (Adopted 11/30/94) (Adopted 11/23/94) 4.210 Construction Permits (Adopted 272.100 Purpose and Scope (Adopted 297.330 Applicable Test Procedures 8/31/88) 11/23/94) (Adopted 11/23/94) 4.220 Operation Permits for New 272.200 Definitions (Adopted 11/23/ 297.340 Frequency of Compliance Sources (Adopted 8/31/88) 94) Tests (Adopted 11/23/94) 4.510 Scope of Part III (Adopted 8/31/ 272.300 Ambient Air Quality 297.345 Stack Sampling Facilities 88) Standards (Adopted 11/23/94) Provided by the Owner of an Air 4.520 Definitions (Adopted 7/11/90) 272.500 Maximum Allowable Pollution Point Source (Adopted 11/ 4.530 Procedures (Adopted 3/19/90) Increases (Prevention of Significant 23/94) 4.540 General Conditions for all Deterioration) (Adopted 11/23/94) 297.350 Determination of Process General Permits (Adopted 8/31/88) 272.750 DER Ambient Test Methods Variables (Adopted 11/23/94) 210.100 Purpose and Scope (Adopted (Adopted 9/25/92) 297.400 EPA Methods Adopted by 11/23/94) 273.200 Definitions (Adopted 9/25/92) Reference (Adopted 11/23/94) Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations 55329
297.401 EPA Test Procedures the program. If the Federal Emergency assistance (except assistance pursuant to (Adopted 11/23/94) Management Agency (FEMA) receives the Robert T. Stafford Disaster Relief 297.411 DER Method 1 (Adopted 11/ documentation that the community has and Emergency Assistance Act not in 23/94) adopted the required floodplain connection with a flood) may legally be 297.412 DER Method 2 (Adopted 12/2/ management measures prior to the provided for construction or acquisition 92) effective suspension date given in this of buildings in the identified special 297.413 DER Method 3 (Adopted 12/2/ rule, the suspension will be withdrawn flood hazard area of communities not 92) by publication in the Federal Register. participating in the NFIP and identified 297.414 DER Method 4 (Adopted 12/2/ EFFECTIVE DATE: The effective date of for more than a year, on the Federal 92) each community’s suspension is the Emergency Management Agency’s 297.415 DER Method 5 (Adopted 11/ third date (‘‘Susp.’’) listed in the third initial flood insurance map of the 23/94) column of the following tables. community as having flood-prone areas 297.416 DER Method 5A (Adopted 12/ ADDRESSES: If you wish to determine (section 202(a) of the Flood Disaster 2/92) whether a particular community was Protection Act of 1973, 42 U.S.C. 297.417 DER Method 6 (Adopted 11/ suspended on the suspension date, 4106(a), as amended). This prohibition 23/94) contact the appropriate FEMA Regional against certain types of Federal 297.418 DER Method 7 (Adopted 12/2/ Office or the NFIP servicing contractor. assistance becomes effective for the 92) FOR FURTHER INFORMATION CONTACT: communities listed on the date shown 297.419 DER Method 8 (Adopted 12/2/ Robert F. Shea Jr., Division Director, in the last column. 92) Program Implementation Division, The Deputy Associate Director finds 297.420 DER Method 9 (Adopted 11/ Mitigation Directorate, 500 C Street, that notice and public comment under 23/94) SW., Room 417, Washington, DC 20472, 5 U.S.C. 553(b) are impracticable and 297.421 DER Method 10 (Adopted 12/ (202) 646–3619. unnecessary because communities listed 2/92) SUPPLEMENTARY INFORMATION: The NFIP in this final rule have been adequately 297.422 DER Method 11 (Adopted 12/ enables property owners to purchase notified. 2/92) flood insurance which is generally not 297.423 DER Method 12— Each community receives a 6-month, otherwise available. In return, 90-day, and 30-day notification Determination of Inorganic Lead communities agree to adopt and Emissions from Stationary Sources addressed to the Chief Executive Officer administer local floodplain management that the community will be suspended (Adopted 11/23/94) aimed at protecting lives and new 297.424 DER Method 13 (Adopted 12/ unless the required floodplain construction from future flooding. management measures are met prior to 2/92) Section 1315 of the National Flood 297.440 Supplementary Test the effective suspension date. Since Insurance Act of 1968, as amended, 42 these notifications have been made, this Procedures (Adopted 11/23/94) U.S.C. 4022, prohibits flood insurance 297.450 EPA VOC Capture Efficiency final rule may take effect within less coverage as authorized under the than 30 days. Test Procedures (Adopted 11/23/94) National Flood Insurance Program, 42 297.520 EPA Performance U.S.C. 4001 et seq., unless an National Environmental Policy Act Specifications (Adopted 11/23/94) appropriate public body adopts This rule is categorically excluded 297.570 Test Report (Adopted 11/23/ adequate floodplain management from the requirements of 44 CFR Part 94) measures with effective enforcement 10, Environmental Considerations. No 297.620 Exceptions and Approval of measures. The communities listed in environmental impact assessment has Alternate Procedures and this document no longer meet that been prepared. Requirements (Adopted 11/23/94) statutory requirement for compliance * * * * * with program regulations, 44 CFR part Regulatory Flexibility Act [FR Doc. 95–26584 Filed 10–30–95; 8:45 am] 59 et seq. Accordingly, the communities The Deputy Associate Director has BILLING CODE 6560±50±P will be suspended on the effective date in the third column. As of that date, determined that this rule is exempt from flood insurance will no longer be the requirements of the Regulatory Flexibility Act because the National FEDERAL EMERGENCY available in the community. However, Flood Insurance Act of 1968, as MANAGEMENT AGENCY some of these communities may adopt and submit the required documentation amended, 42 U.S.C. 4022, prohibits 44 CFR Part 64 of legally enforceable floodplain flood insurance coverage unless an management measures after this rule is appropriate public body adopts [Docket No. FEMA±7629] published but prior to the actual adequate floodplain management measures with effective enforcement Suspension of Community Eligibility suspension date. These communities will not be suspended and will continue measures. The communities listed no AGENCY: Federal Emergency their eligibility for the sale of insurance. longer comply with the statutory Management Agency, FEMA. A notice withdrawing the suspension of requirements, and after the effective date, flood insurance will no longer be ACTION: Final rule. the communities will be published in the Federal Register. available in the communities unless SUMMARY: This rule identifies In addition, the Federal Emergency they take remedial action. communities, where the sale of flood Management Agency has identified the Regulatory Classification insurance has been authorized under special flood hazard areas in these the National Flood Insurance Program communities by publishing a Flood This final rule is not a significant (NFIP), that are suspended on the Insurance Rate Map (FIRM). The date of regulatory action under the criteria of effective dates listed within this rule the FIRM if one has been published, is section 3(f) of Executive Order 12866 of because of noncompliance with the indicated in the fourth column of the September 30, 1993, Regulatory floodplain management requirements of table. No direct Federal financial Planning and Review, 58 FR 51735. 55330 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations
Paperwork Reduction Act Executive Order 12778, Civil Justice PART 64Ð[AMENDED] Reform This rule does not involve any 1. The authority citation for Part 64 collection of information for purposes of This rule meets the applicable continues to read as follows: the Paperwork Reduction Act, 44 U.S.C. standards of section 2(b)(2) of Executive Authority: 42 U.S.C. 4001 et seq.; 3501 et seq. Order 12778, October 25, 1991, 56 FR Reorganization Plan No. 3 of 1978, 3 CFR, Executive Order 12612, Federalism 55195, 3 CFR, 1991 Comp., p. 309. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. This rule involves no policies that List of Subjects in 44 CFR Part 64 have federalism implications under § 64.6 [Amended] Flood insurance, Floodplains. Executive Order 12612, Federalism, 2. The tables published under the October 26, 1987, 3 CFR, 1987 Comp., Accordingly, 44 CFR part 64 is authority of § 64.6 are amended as p. 252. amended as follows: follows:
Date certain federal assist- Community Current ef- ance no longer State/location No. Effective date of eligibility fective map available in date special flood hazard areas
Region V Indiana: Flora, town of, Carroll County ...... 180021 April 9, 1975 Emerg; November 1, 1995, Reg; 11±01±95 Nov. 1, 1995. November 1, 1995. Susp. Harrison County, unincorporated areas ...... 180085 March 19, 1975, Emerg; November 1, 1995, ...... do Do. Reg; November 1, 1995, Susp. Perry County, unincorporated areas ...... 180195 April 11, 1975, Emerg; November 1, 1995, ...... do Do. Reg; November 1, 1995, Susp. Scott County, unincorporated areas ...... 180474 March 5, 1993, Emerg; November 1, 1995, ...... do Do. Reg; November 1, 1995, Susp. Vermillion County, unincorporated areas .... 180449 December 1, 1993, Emerg; November 1, 1995, ...... do Do. Reg; November 1, 1995, Susp. Ohio: Trimble, village of, Athens County ...... 390021 March 2, 1977, Emerg; November 1, 1995, ...... do Do. Reg; November 1, 1995, Susp. Region I Connecticut: Bozrah, town of, New London 090094 April 23, 1974, Emerg; September 30, 1981, 11±02±95 Nov. 2, 1995. County. Reg; November 2, 1995, Susp. Region II New Jersey: South Belmar, borough of, Mon- 340328 July 2, 1974, Emerg; November 28, 1980, ...... do Do. mouth County. Reg; November 2, 1995, Susp. Region III Pennsylvania: Jefferson, township of, Greene 421672 December 2, 1975, Emerg; September 16, ...... do Do. County. 1981, Reg; November 2, 1995, Susp. Region V Illinois: Hampshire, village of, Kane County ...... 170327 January, 14, 1976, Emerg; March 2, 1981, ...... do Do. Reg; November 2, 1995, Susp. Indiana: Brookville, town of, Franklin County ...... 180069 March 13, 1975, Emerg; November 15, 1984, ...... do Do. Reg; November 2, 1995, Susp. Cedar Grove, town of, Franklin County ...... 180304 November 22, 1975, Emerg; August 5, 1986, ...... do Do. Reg; November 2, 1995, Susp. Franklin County, unincorporated areas ...... 180068 May 15, 1975, Emerg; September 1, 1988, ...... do Do. Reg; November 2, 1995, Susp. Michigan: Montrose, township of, Genesee 260399 July 29, 1975, Emerg; July 2, 1980, Reg; No- ...... do Do. County. vember 2, 1995, Susp. Ohio: Napoleon, city of, Henry County ...... 390266 September 30, 1975, Emerg; March 4, 1985, ...... do Do. Reg; November 2, 1995, Susp. Wisconsin: Washburn, city of, Bayfield County . 550019 April 30, 1975, Emerg; November 2, 1995, ...... do Do. Reg; November 2, 1995, Susp. Region VIII Utah: Davis County, unincorporated areas ...... 490038 April 22, 1975 Emerg; March 1, 1982 Reg; No- ...... do Nov. 16, 1995. vember 2, 1995 Susp. Region II New York: Wilmington, town of, Essex County ...... 361161 March 13, 1981 Emerg; July 3, 1985, Reg; No- ...... do vember 16, 1995, Susp. Schroon, town of, Essex County ...... 361158 January 27, 1966 Emerg; May 15, 1985, Reg; ...... do Do. November 16, 1995, Susp. Region III Pennsylvania: Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations 55331
Date certain federal assist- Community Current ef- ance no longer State/location No. Effective date of eligibility fective map available in date special flood hazard areas
Allenport, borough of, Washington County . 420845 March 10, 1975, Emerg; July 16, 1981, Reg; ...... do Do. November 16, 1995, Susp. Belle Vernon, borough of, Fayette County . 420457 July 19, 1974, Emerg; July 16, 1981, Reg; No- ...... do Do. vember 16, 1995, Susp. Brownsville, borough of, Fayette County .... 420458 July 9, 1975, Emerg; September 16, 1981, ...... do Do. Reg; November 16, 1995, Susp. Brownsville, township of, Fayette County ... 421621 July 9, 1975. Emerg; February 17, 1982, Reg; ...... do Do. November 16, 1995, Susp. Marion Center, borough of, Indiana County 420503 September 29, 1975, Emerg; September 1, ...... do Do. 1986, Reg; November 16, 1995, Susp. Stroud, township of, Monroe County ...... 420693 May 9, 1973, Emerg; April 15, 1977, Reg; No- ...... do Do. vember 16, 1995, Susp. Region V Illinois: Mill Creek, village of, Union County ...... 170659 September 6, 1974, Emerg; October 5, 1984, 10±05±84 Do. Reg; November 16, 1995, Susp. Indiana: Carmel, city of, Hamilton County ...... 180081 August 7, 1975, Emerg; May 19, 1981, Reg; 5±19±81 Do. Novmeber 16, 1995, Susp. Ohio: Laurelville, village of, Hocking County ...... 390273 May 14, 1975, Emerg; November 16, 1995, 11±16±95 Do. Reg; November 16, 1995, Susp. Meigs County, unincorporated areas ...... 390387 February 9, 1977, Emerg; November 16, 1995, ...... do Do. Reg; November 16, 1995, Susp. Wisconsin: Clintonville, city of, Waupaca Coun- 550494 April 2, 1974, Emerg; September 19, 1984, ...... do Do. ty. Reg; November 16, 1995, Susp. Region VI Louisiana: Grant County, unincorporated areas ...... 220076 November 15, 1973, Emerg; December 1, ...... do Do. 1978, Reg; November 16, 1995, Susp. New Roads, town of, Pointe Coupee Par- 220144 November 20, 1070, Emerg; August 13, 1971, ...... do Do. ish. Reg; November 16, 1995, Susp. Pointe Coupee Parish, unincorporated 220140 November 6, 1970, Emerg; November 5, 1971, ...... do Do. areas. Reg; November 16, 1995, Susp. Oklahoma: Comanche, city of, Comanche 400008 March 28, 1980, Emerg; September 27, 1991, ...... do Do. County. Reg; November 16, 1995, Susp. Code for reading third column: Emerg.- Emergency; Reg.- Regular; Rein.- Reinstatement; Susp.- Suspension.
(Catalog of Federal Domestic Assistance No. substitutes Channel 228C3 for Channel SUPPLEMENTARY INFORMATION: This is a 83.100, ‘‘Flood Insurance.’’) 228A at Blackstone, and modifies the synopsis of the Commission’s Report Issued: October 26, 1995. license for Station WBBC(FM) to specify and Order, MM Docket No. 95–100, Robert H. Volland, the higher powered channel. To adopted September 25, 1995, and Acting Deputy Associate Director, Mitigation accommodate the upgrade at released September 29, 1995. The full Directorate. Blackstone, the Commission also text of this Commission decision is [FR Doc. 95–26957 Filed 10–30–95; 8:45 am] substitutes Channel 287A for vacant available for inspection and copying BILLING CODE 6718±05±P Channel 229A at Dillwyn, Virginia. See during normal business hours in the 60 FR 33388, June 28, 1995. Both FCC Reference Center (Room 239), 1919 channels can be allotted to the noted M Street, NW., Washington, DC. The FEDERAL COMMUNICATIONS communities in compliance with the complete text of this decision may also COMMISSION Commission’s minimum distance be purchased from the Commission’s separation requirements. Channel 228C3 copy contractor, ITS, Inc., (202) 857– 47 CFR Part 73 can be allotted at the site specified in 3800, 2100 M Street, NW., Suite 140, WBBC(FM)’s license. The coordinates Washington, DC 20037. [MM Docket No. 95±100; RM±8635] for Channel 228C3 are 37–03–14 and 78–01–15. Channel 287A can be List of Subjects in 47 CFR Part 73 Radio Broadcasting Services; substituted for Channel 229A at Dillwyn Blackstone and Dillwyn, VA with a site restriction of 15 kilometers Radio broadcasting. AGENCY: Federal Communications (9.3 miles) northwest. The coordinates Part 73 of title 47 of the Code of Commission. for Channel 287A at Dillwyn are 37–35– Federal Regulations is amended as 18 and 78–37–01. With this action, this ACTION: Final rule. follows: proceeding is terminated. SUMMARY: The Commission, at the EFFECTIVE DATE: December 11, 1995. PART 73Ð[AMENDED] request of Denbar Communications, FOR FURTHER INFORMATION CONTACT: Pam Inc., licensee of Station WBBC(FM), Blumenthal, Mass Media Bureau, (202) 1. The authority citation for part 73 Channel 228A, Blackstone, Virginia, 418–2180. continues to read as follows: 55332 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations
Authority: Secs. 303, 48 Stat., as amended, the proposal, substitutes Channel 288B1 from the Commission’s copy contractor, 1082; 47 U.S.C. 154, as amended. for Channel 288A at Willows, ITS, Inc., (202) 857–3800, 2100 M § 73.202 [Amended] California, reallots Channel 288B1 from Street, NW., Suite 140, Washington, DC Willows to Dunnigan, California, and 20037. 2. Section 73.202(b), the Table of FM modifies Stations KQSC(FM)’s license to Allotments under Virginia, is amended List of Subjects in 47 CFR Part 73 specify Dunnigan as its community of by removing Channel 228A and adding license. See 59 FR 18774 (April 20, Radio broadcasting. Channel 228C3 at Blackstone; and by 1994). Channel 288B1 can be allotted to removing Channel 229A and adding Part 73 of title 47 of the Code of Dunnigan in compliance with the Channel 287A at Dillwyn. Federal Regulations is amended as Commission’s minimum distance follows: Federal Communications Commission. separation requirements. The John A. Karousos, coordinates for Channel 288B1 at PART 73Ð[AMENDED] Chief, Allocations Branch, Policy and Rules Dunnigan are 38–55–34 and 121–54–10. Division, Mass Media Bureau. With this action, this proceeding is 1. The authority citation for part 73 [FR Doc. 95–26979 Filed 10–30–95; 8:45 am] terminated. continues to read as follows: BILLING CODE 6712±01±F EFFECTIVE DATE: December 8, 1995. Authority: Secs. 303, 48 Stat., as amended, FOR FURTHER INFORMATION CONTACT: 1082; 47 U.S.C. 154, as amended. Alan E. Aronowitz, Mass Media Bureau, § 73.202 [Amended] 47 CFR Part 73 (202) 776–1653. 2. Section 73.202(b), the Table of FM [MM Docket No. 94±29; RM±8416] SUPPLEMENTARY INFORMATION: This is a Allotments under California, is synopsis of the Commission’s Report amended by adding Dunnigan, Channel Radio Broadcasting Services; Willows and Order, MM Docket No. 94–29, and Dunnigan, CA 288B1 and removing Willows, Channel adopted October 11, 1995, and released 288A. AGENCY: Federal Communications October 24, 1995. The full text of this Federal Communications Commission. Commission. Commission decision is available for John A. Karousos, ACTION: Final rule. inspection and copying during normal business hours in the FCC Reference Chief, Allocations Branch, Policy and Rules SUMMARY: The Commission, at the Center (Room 239), 1919 M Street, NW., Division, Mass Media Bureau. request Pacific Spanish Network, Inc., Washington, DC. The complete text of [FR Doc. 95–26696 Filed 10–30–95; 8:45 am] and after considering the comments on this decision may also be purchased BILLING CODE 6712±01±F 55333
Proposed Rules Federal Register Vol. 60, No. 210
Tuesday, October 31, 1995
This section of the FEDERAL REGISTER Administration Branch, Fruit and members; (4) allow Board telephone contains notices to the public of the proposed Vegetable Division, AMS, USDA, room votes to remain unconfirmed until the issuance of rules and regulations. The 2523–S, P.O. Box 96456, Washington, next public Board meeting; (5) remove purpose of these notices is to give interested D.C. 20090–6456; telephone: 202–720– the ‘‘verbatim’’ reporting requirement persons an opportunity to participate in the 6862; FAX 202–720–5698. on Board marketing policy meetings; (6) rule making prior to the adoption of the final rules. SUPPLEMENTARY INFORMATION: Prior provide the Board with some flexibility documents in this proceeding: Notice of in recommending final free and Public Hearing issued on February 24, restricted percentages; (7) authorize DEPARTMENT OF AGRICULTURE 1994, and published in the February 28, different identification standards for 1994, issue of the Federal Register (59 inspected and certified hazelnuts; (8) Agricultural Marketing Service FR 9425). Recommended Decision and correct current language that specifies Opportunity to File Written Exceptions handler credit for ungraded hazelnuts; 7 CFR Part 982 issued on May 24, 1995, and published (9) change the procedures for [Docket No. AO±205±A7; FV94±982±1] in the Federal Register on June 7, 1995 establishing bonding requirements for (60 FR 30170). deferred restricted obligations and allow Filberts/Hazelnuts Grown in Oregon This administrative action is governed the Board to purchase excess restricted and Washington; Secretary's Decision by the provisions of sections 556 and credits from handlers; (10) clarify that and Referendum Order on Proposed 557 of title 5 of the United States Code, mail order sales outside the production Further Amendment of Marketing and, therefore, is excluded from the area are not exempt from order Agreement and Order No. 982 requirements of Executive Order 12866. requirements; (11) allow the Board to accept advance assessment payments, AGENCY: Agricultural Marketing Service, Preliminary Statement provide discounts for such payments, USDA. The proposed amendments were and accept voluntary contributions; and ACTION: Proposed rule and referendum formulated on the record of a public (12) make such changes as are necessary order. hearing held in Newberg, Oregon, on to conform with any amendment that March 8, 1994, to consider the proposed may result from the hearing. SUMMARY: This decision proposes further amendment of the Marketing Upon the basis of evidence amendments to Marketing Agreement Agreement and Order No. 984, introduced at the hearing and the record and Order No. 982 (order). The regulating the handling of hazelnuts therof, the Administrator of the agreement and order regulate the grown in Oregon and Washington, Africultural Marketing Service (AMS) handling of filberts/hazelnuts grown in hereinafter referred to collectively as the on June 7, 1995, filed with the Hearing Oregon and Washington. The proposals ‘‘order.’’ The hearing was held pursuant Clerk, U.S. Department of Agriculture, a would change order provisions to the provisions of the Agricultural Recommended Decision and regarding: Volume control; nomination Marketing Agreement Act of 1937, as Opportunity to File Written Exceptions and membership of the Filbert/Hazelnut amended (7 U.S.C. 601 et seq.), thereto by July 7, 1995. None were filed. Marketing Board (Board); assessment hereinafter referred to as the ‘‘Act’’, and Small Business Considerations collections; and the administration and the applicable rules of practice and operation of the program. The proposed procedure governing proceedings to In accordance with the provisions of amendments were submitted by the formulate marketing agreements and the Regulatory Flexibility Act (RFA) (5 Board to make the order more consistent marketing orders (7 CFR part 900). The U.S.C. 601 et seq.), the Administrator of with current industry conditions and Notice of Hearing contained several the AMS has determined that this action needs. The Fruit and Vegetable Division amendment proposals submitted by the would not have a significant economic (Division), Agricultural Marketing Board established under the order to impact on a substantial number of small Service (AMS), is proposing conforming assist in local administration of the entities. Small agricultural service firms, and other necessary changes. These program. which include handlers regulated under proposed amendments are designed to The proposals would: (1) Change the this order, have been defined by the improve order operations. name of the commodity covered under Small Business Administration (SBA) DATES: A referendum shall be conducted the order from ‘‘filberts’’ to ‘‘hazelnuts;’’ (13 CFR 121.601) as those having annual from November 27 through December (2) for purposes of volume regulation, receipts for the last three years of less 15, 1995. The representative period for establish the trade demand area as the than $5,000,000. Small agricultural the purpose of the referendum herein continental United States and allow the producers are defined as those having ordered is July 1, 1994, through June 30, Board, with the Secretary’s approval, to annual receipts of less than $500,000. 1995. make changes in the inshell trade The purpose of the RFA is to fit FOR FURTHER INFORMATION CONTACT: acquisition distribution area; (3) change regulatory actions to the scale of Teresa Hutchinson, Marketing the length of Board members’ terms of business subject to such actions in order Specialist, Northwest Marketing Field office and the number of consecutive that small businesses will not be unduly Office, Fruit and Vegetable Division, terms that may be held, make changes or disproportionately burdened. Agricultural Marketing Service, USDA, in the criteria used for nominating Interested persons were invited to 1220 SW Third Ave., room 369, handler members and for weighting present evidence at the hearing on the Portland, OR 97204; telephone (503) handler votes when electing handler probable impact that the proposed 326–2724, FAX (503) 326–7440; or Tom nominees, and change the voting amendments to the order would have on Tichenor, Marketing Order procedures used for nominating small businesses. The record indicates 55334 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules that handlers would not be unduly industry and, thus, small businesses in amendments would not preempt any burdened by any additional regulatory the industry. State or local laws, regulations, or requirements, including those Regarding nomination and Board policies, unless they present an pertaining to reporting and membership, the proposed amendments irreconcilable conflict with the recordkeeping, that might result from would: Change from one to two years amendments. this proceeding. The record also the length of Board member and The Act provides that administrative indicates that a majority of handlers and alternate member terms of office proceedings must be exhausted before producers would meet the SBA (§ 982.33); limit the number of parties may file suit in court. Under definitions of small agricultural service consecutive terms members and section 608c(15)(A) of the Act, any firms and small agricultural producers, alternate members may hold to three handler subject to an order may file respectively. two-year terms (§ 982.33); and make with the Secretary a petition stating that During the 1993–94 marketing year, conforming changes and a correction in the order, any provision of the order, or approximately 25 handlers were the qualifications for nominating any obligation imposed in connection regulated under the order. In addition, members (§§ 982.30 and 982.32). The with the order is not in accordance with there were approximately 950 producers amendments are proposed to ease the law and requesting a modification of the of hazelnuts in the production area. The burden of conducting nomination order or to be exempted therefrom. A Act requires the application of uniform meetings every year and enhance the handler is afforded the opportunity for rules on regulated handlers. Since Board’s efficiency. The amendments are a hearing on the petition. After the handlers covered under the order are administrative in nature and would not hearing the Secretary would rule on the predominantly small businesses, the impose additional costs on small petition. The Act provides that the order itself is tailored to the size and businesses. district court of the United States in any nature of small businesses. Marketing Other recommended amendments to district in which the handler is an orders and amendments thereto, are the order’s administrative procedures inhabitant, or has his or her principal unique in that they are normally and operations would: Allow Board place of business, has jurisdiction in brought about through group action of telephone votes to remain unconfirmed equity to review the Secretary’s ruling essentially small entities for their own in writing until the next public Board on the petition, provided a bill in equity benefit. Thus, both the RFA and the Act meeting (§ 982.37); remove the is filed not later than 20 days after the are compatible with respect to small ‘‘verbatim’’ reporting requirement on date of the entry of the ruling. entities. Board marketing policy meetings In accordance with the Paperwork For discussion of the anticipated (§ 982.39); allow the Board to accept Reduction Act of 1980 (44 U.S.C. impact on small businesses, the advance assessment payments and Chapter 35), any additional reporting proposed amendments have been provide discounts for such payments and recordkeeping requirements that grouped into program categories. (§ 982.61); and allow the Board to accept might result from the proposed Amendments concerning the order’s voluntary contributions (new § 982.63). amendments would be submitted to the marketing and volume control programs These proposed amendments are Office of Management and Budget would: Change the name of the intended to improve the operations of (OMB). The provisions would not be commodity to ‘‘hazelnuts’’ (§ 982.4 and the Board, lessen the administrative effective until after receiving OMB every other place it appears in part 982); burden on Board members and staff, and approval. establish the trade demand area as the improve management of the order’s continental United States and allow the financial resources. As such, the Findings and Conclusions and Rulings Board to make changes in the shell trade proposed changes would have on Exceptions acquisition area, with approval of the negligible, if any, economic impact on The material issues, findings and Secretary (§ 982.16); provide the Board small entities. conclusions, rulings, and general the flexibility to release up to 15 percent Finally, one amendment would findings and determinations included in of the average three year inshell trade provide the Board with the authority to the Recommended Decision set forth in acquisitions for desirable carryout establish more up-to-date identification the June 7, 1995, issue of the Federal (§ 982.40); correct the current language standards (§ 982.46), which would make Register (60 FR 30170) are hereby that determines handler credit for order identification and certification approved and adopted without change. ungraded hazelnuts (§ 982.51); establish provisions consistent with current the bonding rate for deferred restricted industry practices and enable handlers Marketing Agreement and Order obligations at the estimated value of more flexibility in meeting Annexed hereto and made a part restricted credits for the current identification requirements. hereof is the document entitled ‘‘Order marketing year and allow the Board to All of these changes are designed to Amending the Order Regulating the use defaulted bond payments to enhance the administration and Handling of Hazelnuts Grown in Oregon purchase excess restricted credits functioning of the order and benefit the and Washington’’. This document has (§ 982.54); and clarify that mail order entire industry. Any added costs are not been decided upon as the detailed and sales are not exempt from order expected to be significant because the appropriate means of effectuating the requirements (§ 982.57). These proposed benefits of the proposed amendments foregoing findings and conclusions. amendments are designed to assist the are expected to outweigh the costs. It is hereby ordered, That this entire Board in its domestic and export Finally, the proposed amendments decision be published in the Federal marketing efforts. The amendments would have no significant impact or Register. would allow the Board to make program burden on small businesses’ and management decisions that are recordkeeping and reporting Referendum Order more consistent with changing market requirements. It is hereby directed that a referendum conditions and better respond to The amendments proposed herein be conducted in accordance with the changing marketing needs. Because the have been reviewed under Executive procedure for the conduct of referenda Board acts in the best interests of the Order 12778, Civil Justice Reform and (7 CFR part 900.400 et seq.) to industry, increased Board decision- are not intended to have retroactive determine whether the issuance of the making flexibility should benefit the effect. If adopted, the proposed annexed order amending the order Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules 55335 regulating the handling of hazelnuts and Order No. 982 (7 CFR part 982), Administrator on May 24, 1995, and grown in Oregon and Washington, is regulating the handling of hazelnuts published in the Federal Register on approved or favored by producers, as grown in Oregon and Washington. June 7, 1995, shall be and are the terms defined under the terms of the order, Upon the basis of the evidence and provisions of this order amending who during the representive period introduced at such hearing and the the order and are set forth in full herein. were engaged in the production for record thereof, it is found that: market of hazelnuts grown in Oregon (1) The marketing agreement and PART 982ÐHAZELNUTS GROWN IN and Washington. order, as amended, and hereby proposed OREGON AND WASHINGTON The representative period for the to be further amended, and all of the conduct of such referendum is hereby terms and conditions thereof, will tend 1. The authority citation for 7 CFR determined to be July 1, 1994, through to effectuate the declared policy of the part 982 continues to read as follows: June 30, 1995. Act; Authority: 7 U.S.C. 601–674. The agents of the Secretary to conduct (2) The marketing agreement and 2. In part 982 all references to such referendum are hereby designated order, as amended, and as hereby ‘‘filbert’’, ‘‘filberts’’, ‘‘filbert/hazelnut’’, to be Gary D. Olson and Teresa L. proposed to be further amended, ‘‘filberts/hazelnuts’’ are revised to read Hutchinson, Marketing Order regulate the handling of hazelnuts as ‘‘hazelnut’’, ‘‘hazelnuts’’, ‘‘hazelnut’’, Administration Branch, Northwest grown in the production area in the and ‘‘hazelnuts’’, respectively. Marketing Field Office, 1220 S.W. Third same manner as, and are applicable only 3. Section 982.4 is revised to read as Avenue, Room 369, Portland, Oregon to, persons in the respective classes of follows: 97204, telephone 503–326–2724; or commercial and industrial activity Tom Tichenor, Marketing Order specified in the marketing agreement § 982.4 Hazelnuts. Administration Branch, Fruit and and order upon which a hearing has Hazelnuts means hazelnuts or filberts Vegetable Division, AMS, USDA, room been held; produced in the States of Oregon and 2523–S, P.O. Box 96456, Washington, (3) The marketing agreement and Washington from trees of the genus D.C. 20090–6456; telephone: 202–720– order, as amended, and as hereby Corylus. 6862; FAX 202–720–5698. proposed to be further amended, are 4. Section 982.16 is revised to read as limited in their application to the List of Subjects in 7 CFR Part 982 follows: smallest regional production area which Filberts, Hazelnuts, Marketing is practicable, consistent with carrying § 982.16 Inshell trade acquisitions. Agreements, Nuts, Reporting and out the declared policy of the Act, and recordkeeping requirements. Inshell trade acquisitions means the the issuance of several orders applicable quantity of inshell hazelnuts acquired Dated: October 23, 1995. to subdivisions of the production area by the trade from all handlers during a Shirley R. Watkins, would not effectively carry out the marketing year for distribution in the Acting Assistant Secretary, Marketing and declared policy of the Act; and continental United States and such Regulatory Programs. (4) All handling of hazelnuts grown in other distribution areas as may be the production area as defined in the Order Amending the Order Regulating recommended by the Board and marketing agreement and order, as established by the Secretary. the Handling of Hazelnuts Grown in amended, and as hereby proposed to be 1 5. Section 982.30, is amended by Oregon and Washington further amended, is in the current of revising paragraphs (a), (b)(1), (b)(2), interstate or foreign commerce or Findings and Determinations and (b)(3) to read as follows: directly burdens, obstructs or affects The findings and determinations such commerce. hereinafter set forth are supplementary § 982.30 Establishment and membership. and in addition to the findings and Marketing Agreement and Order (a) There is hereby established a Hazelnut Marketing Board consisting of determinations previously made in Annexed hereto and made a part 10 members, each of whom shall have connection with the issuance of the hereto is the document entitled ‘‘Order an alternate member, to administer the marketing agreement and order and Amending the Order Regulating the terms and provisions of this part. Each each previously issued amendment Handling of Hazelnuts Grown in Oregon member and alternate shall meet the thereto. All of the said previous findings and Washington’’. This document has same eligibility qualifications. The 10 and determinations are hereby ratified been decided upon as the detailed and member positions shall be allocated as and affirmed, except insofar as such appropriate means of effectuating the follows: findings and determinations may be in foregoing findings and conclusions. conflict with the findings and It is hereby ordered, That this entire (b) * * * determinations set forth herein. decision be published in the Federal (1) One member shall be nominated (a) Findings and Determinations Upon Register. by the handler who handled the largest the Basis of the Hearing Record. volume of hazelnuts during the two Pursuant to the provisions of the Order Relative to Handling marketing years preceding the Agricultural Marketing Agreement Act It is therefore ordered, That on and marketing year in which nominations of 1937, as amended (7 U.S.C. 601 et after the effective date hereof, all are made; seq.), and the applicable rules of handling of hazelnuts grown in Oregon (2) One member shall be nominated practice and procedure effective and Washington, shall be in conformity by the handler who handled the second thereunder (7 CFR part 900), a public to, and in compliance with, the terms largest volume of hazelnuts during the hearing was held upon the proposed and conditions of the said order as two marketing years preceding the amendments to Marketing Agreement hereby proposed to be amended as marketing year in which nominations follows: are made; 1 This order shall not become effective unless and The provisions of the proposed (3) One member shall be nominated until the requirements of § 900.14 of the rules of practice and procedure governing proceedings to marketing agreement and the order by the handler who handled the third formulate marketing agreements and marketing amending order contained in the largest volume of hazelnuts during the orders have been met. Recommended Decision issued by the two marketing years preceding the 55336 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules marketing year in which nominations regard to nominations, select the Board hazelnut containers by the handler are made; members and alternates on the basis of under direction and supervision of the * * * * * the representation provided for in this Board or the Federal-State Inspection 6. In § 982.32, paragraphs (a), (b), (c) subpart. Service, and shall not be removed or and (f) are revised to read as follows: * * * * * altered by any person except as directed 7. In § 982.33, paragraph (b) is revised by the Board. § 982.32 Initial members and nomination of successor members. to read as follows: * * * * * (a) Members and alternate members of § 982.33 Selection and term of office. § 982.51 [Amended] the Board serving immediately prior to * * * * * 12. In § 982.51, paragraph (a) is the effective date of this amended (b) Term of office. The term of office amended by removing the word subpart shall continue to serve on the of Board members and their alternates ‘‘percent’’ at the end of the first Board until their respective successors shall be for two years beginning on July sentence. have been selected. 1 and ending on June 30, but they shall 13. Section 982.52 is amended by (b) Nominations for successor handler serve until their respective successors revising paragraph (b) to read as follows: members and alternate members are selected and have qualified: specified in § 982.30(b)(1) through (3) § 982.52 Disposition of restricted Provided, That beginning with the hazelnuts. shall be made by the largest, second 1996–97 marketing year, no member largest, and third largest handler shall serve more than three consecutive * * * * * determined according to the tonnage of two-year terms as member and no (b) Export. Sales of certified certified merchantable hazelnuts and, alternate member shall serve more than merchantable restricted hazelnuts for when shelled hazelnut grade and size three consecutive two-year terms as shipment to destinations outside the regulations are in effect, the inshell alternate unless specifically exempted continental United States and such equivalent of certified shelled hazelnuts by the Secretary. Nomination elections other distribution areas as may be (computed to the nearest whole ton) for all Board grower and handler recommended by the Board and recorded by the Board as handled by member and alternate positions shall be established by the Secretary shall be each such handler during the two held every two years. made only by the Board. Any handler marketing years preceding the desiring to export any part or all of that marketing year in which nominations * * * * * handler’s certified merchantable are made. 8. In § 982.37, paragraph (b) is revised restricted hazelnuts shall deliver to the (c) Nominations for successor handler to read as follows: Board the certified merchantable member and alternate handler member § 982.37 Procedure. restricted hazelnuts to be exported, but positions specified in § 982.30(b)(4) the Board shall be obligated to sell in shall be made by the handlers in that * * * * * (b) The Board may vote by mail, export only such quantities for which it category by mail ballot. All votes cast telephone, telegraph, or other means of may be able to find satisfactory export shall be weighted according to the communication: Provided, That any outlets. Any hazelnuts so delivered for tonnage of certified merchantable export which the Board is unable to hazelnuts and, when shelled hazelnut votes (except mail votes) so cast shall be confirmed at the next regularly export shall be returned to the handler grade and size regulations are in effect, delivering them. Sales for export shall the inshell equivalent of certified scheduled meeting. When any proposition is submitted for voting by be made by the Board only on execution shelled hazelnuts (computed to the of an agreement to prevent exportation nearest whole ton) recorded by the any such method, its adoption shall require 10 concurring votes. into the area designated in § 982.16. A Board as handled by each handler handler may be permitted to act as an * * * * * during the two marketing years agent of the Board, upon such terms and 9. In § 982.39, paragraph (i) is revised preceding the marketing year in which conditions as the Board may specify, in to read as follows: nominations are made. If less than one negotiating export sales, and when so ton is recorded for any such handler, the § 982.39 Duties. acting shall be entitled to receive a vote shall be weighted as one ton. selling commission as authorized by the Voting will be by position, and each * * * * * (i) To furnish to the Secretary a report Board. The proceeds of all export sales, eligible handler can vote for a member after deducting all expenses actually and an alternate member. The person of the proceedings of each meeting of the Board held for the purpose of and necessarily incurred, shall be paid receiving the highest number of to the handler whose certified weighted votes for each position shall making marketing policy recommendations. merchantable restricted hazelnuts are so be the nominee for that respective sold by the Board. position. § 982.40 [Amended] * * * * * * * * * * 10. In § 982.40, paragraph (c)(2) 14. Section 982.54 is amended by (f) Nominations received in the introductory text is amended by revising paragraphs (b), (c), (d), (e) and foregoing manner by the Board for all removing the word ‘‘shall’’ in the third (f) to read as follows: handler and grower member and sentence and adding in its place the alternate member positions shall be word ‘‘may’’. § 982.54 Deferment of restricted certified and sent to the Secretary at 11. Section 982.46 is amended by obligation. least 60 days prior to the beginning of revising paragraph (b) to read as follows: * * * * * each two-year term of office, together (b) Bonding requirement. Such bond with all necessary data and other § 982.46 Inspection and certification. or bonds shall, at all times during their information deemed by the Board to be * * * * * effective period, be in such amounts pertinent or requested by the Secretary. (b) All hazelnuts so inspected and that the aggregate thereof shall be no If nominations are not made within the certified shall be identified as less than the total bonding value of the time and manner specified in this prescribed by the Board. Such handler’s deferred restricted obligation. subpart, the Secretary may, without identification shall be affixed to the The bonding value shall be the deferred Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules 55337 restricted obligation poundage regulations, and safeguards and require authorization program issues with multiplied by the applicable bonding such reports, certifications, and other representatives of the Nuclear Energy rate. The cost of such bond or bonds conditions, as are necessary to ensure Institute (NEI). The NEI requested the shall be borne by the handler filing that such hazelnuts are disposed of only meeting to discuss program issues same. as authorized. Mail order sales are not related to licensee implementation of 10 (c) Bonding rate. Said bonding rate exempt sales under this part. CFR 73.56, ‘‘Personnel access shall be an amount per pound as 16. Section 982.58 is amended by authorization requirements for nuclear established by the Board. Such bonding revising the last sentence of paragraph power plants,’’ and 10 CFR 73.57, rate shall be based on the estimated (a) to read as follows: ‘‘Requirements for criminal history value of restricted credits for the current checks of individuals granted marketing year. Until bonding rates for § 982.58 Research, promotion, and market unescorted access to a nuclear power development. a marketing year are fixed, the rates in facility or access to Safeguards effect for the preceding marketing year (a) * * * The expenses of such Information by power reactor shall continue in effect. The Board projects shall be paid from funds licensees.’’ A summary of the meeting should make any necessary adjustments collected pursuant to § 982.61, § 982.63, will be prepared and will be available once such new rates are fixed. or credited pursuant to paragraph (b) of upon request. (d) Restricted credit purchases. Any this section. DATES: The meeting will be held at sums collected through default of a * * * * * 10:00 a.m. on November 8, 1995, at NRC handler on the handler’s bond shall be 17. Section 982.61 is amended by Headquarters. used by the Board to purchase restricted designating the current text as ADDRESSES: One White Flint North, credits from handlers, who have such paragraph (a) and by adding a new Room 1 F–5, 11555 Rockville Pike, restricted credits in excess of their paragraph (b) to read as follows: needs, and are willing to part with Rockville, Maryland. them. The Board shall at all times § 982.61 Assessments. FOR FURTHER INFORMATION CONTACT: purchase the lowest priced restricted (a) * * * Nancy E. Ervin, United States Nuclear credits offered, and the purchases shall (b) In order to provide funds for the Regulatory Commission, Office of be made from the various handlers as administration of the provisions of this Nuclear Reactor Regulation, nearly as practicable in proportion to part during the first part of a fiscal Washington, DC 20555–0001, the quantity of their respective offerings period before sufficient operating Telephone (301) 415–2946. of the restricted credits to be purchased. income is available from assessments on Dated at Rockville, Maryland, this 24th day (e) Unexpended sums. Any the current year’s shipments, the Board of October, 1995. unexpended sums which have been may accept the payment of assessments For the Nuclear Regulatory Commission. collected by the Board through default in advance, and may also borrow money Loren L. Bush, Jr., of a handler on the handler’s bond, for such purpose. Further, payment Senior Program Manager, Safeguards Branch, remaining in the possession of the discounts may be authorized by the Division of Reactor Program Management, Board at the end of a marketing year, Board upon the approval of the Office of Nuclear Reactor Regulation. shall be used to reimburse the Board for Secretary to handlers making such [FR Doc. 95–26938 Filed 10–30–95; 8:45 am] its expenses, including administrative advance assessment payments. BILLING CODE 7590±01±P and other costs incurred in the 18. A new § 982.63 is added to read collection of such sums, and in the as follows: purchase of restricted credits as DEPARTMENT OF TRANSPORTATION provided in paragraph (d) of this § 982.63 Contributions. section. The Board may accept voluntary Federal Aviation Administration (f) Transfer of restricted credit contributions but these shall only be purchases. Restricted credits purchased used to pay expenses incurred pursuant 14 CFR Part 39 as provided for in this section shall be to § 982.58. Furthermore, such [Docket No. 95±ANE±45] turned over to those handlers who have contributions shall be free from any defaulted on their bonds for liquidation encumbrances by the donor and the Airworthiness Directives; Pratt & of their restricted obligation. The Board shall retain complete control of Whitney JT3D Series Turbofan Engines quantity delivered to each handler shall their use. be that quantity represented by sums AGENCY: Federal Aviation [FR Doc. 95–26788 Filed 10–30–95; 8:45 am] collected through default. Administration, DOT. BILLING CODE 3410±02±P * * * * * ACTION: Notice of proposed rulemaking 15. In § 982.57, paragraph (b) is (NPRM). revised to read as follows: NUCLEAR REGULATORY SUMMARY: This document proposes the § 982.57 Exemptions. COMMISSION adoption of a new airworthiness * * * * * directive (AD) that is applicable to Pratt (b) Sales by growers direct to 10 CFR Part 73 & Whitney (PW) JT3D series turbofan consumers. Any hazelnut grower may Meeting Regarding Access engines. This proposal would require sell hazelnuts of such grower’s own Authorization Program Issues inspection of steel high pressure production free of the regulatory and compressor (HPC) disks for corrosion, assessment provisions of this part if AGENCY: Nuclear Regulatory recoating or replating those disks, or such grower sells such hazelnuts in the Commission. replacing those disks as necessary. This area of production directly to end users ACTION: Notice of open meeting. proposal is prompted by reports of a at such grower’s ranch or orchard or at failure of a PW JT8D steel HPC disk, roadside stands and farmers’ markets. SUMMARY: The Nuclear Regulatory which is similar in design to the PW The Board, with the approval of the Commission (NRC) will conduct an JT3D steel HPC disks. The actions Secretary, may establish such rules, open meeting to discuss access specified by the proposed AD are 55338 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules intended to prevent steel HPC disk Docket Number 95–ANE–45.’’ The U.S. registry would be affected by this failure due to corrosion, which could postcard will be date stamped and proposed AD, that it would take result in an uncontained engine failure returned to the commenter. approximately 16 work hours per engine and damage to the aircraft. to accomplish the proposed actions, and Availability of NPRMs DATES: Comments must be received by that the average labor rate is $60 per January 2, 1996. Any person may obtain a copy of this work hour. Required parts would cost NPRM by submitting a request to the ADDRESSES: Submit comments in approximately $75,000 per engine. triplicate to the Federal Aviation FAA, New England Region, Office of the Based on these figures, the total cost Administration (FAA), New England Assistant Chief Counsel, Attention: impact of the proposed AD on U.S. Region, Office of the Assistant Chief Rules Docket No. 95–ANE–45, 12 New operators is estimated to be $75,960,000 Counsel, Attention: Rules Docket No. England Executive Park, Burlington, MA over a 13-year period. 95–ANE–45, 12 New England Executive 01803–5299. The regulations proposed herein Park, Burlington, MA 01803–5299. Discussion would not have substantial direct effects Comments may be inspected at this on the States, on the relationship The Federal Aviation Administration between the national government and location between 8:00 a.m. and 4:30 (FAA) has received a report of an p.m., Monday through Friday, except the States, or on the distribution of uncontained failure of a Pratt & Whitney power and responsibilities among the Federal holidays. (PW) JT8D steel high pressure various levels of government. Therefore, The service information referenced in compressor (HPC) disk due to corrosion. in accordance with Executive Order the proposed rule may be obtained from Investigation revealed that fatigue can 12612, it is determined that this Pratt & Whitney, 400 Main St., East originate from a corrosion pit and proposal would not have sufficient Hartford, CT 06108. This information progress to disk failure. Corrosion is federalism implications to warrant the may be examined at the FAA, New more apt to occur if the steel HPC disk preparation of a Federalism Assessment. England Region, Office of the Assistant is not recoated or replated during its life For the reasons discussed above, I Chief Counsel, 12 New England span and retains the original production certify that this proposed regulation (1) Executive Park, Burlington, MA. protective coating or plating. This is not a ‘‘significant regulatory action’’ FOR FURTHER INFORMATION CONTACT: proposed rule, applicable to PW JT3D under Executive Order 12866; (2) is not Barbara Caufield, Aerospace Engineer, series turbofan engines, is prompted by a ‘‘significant rule’’ under the DOT Engine Certification Office, FAA, Engine the similarity between the PW JT8D and Regulatory Policies and Procedures (44 and Propeller Directorate, 12 New JT3D disk design. This condition, if not FR 11034, February 26, 1979); and (3) if England Executive Park, Burlington, MA corrected, could result in steel HPC disk promulgated, will not have a significant 01803–5299; telephone (617) 238–7146, failure due to corrosion, which could economic impact, positive or negative, fax (617) 238–7199. result in an uncontained engine failure on a substantial number of small entities and damage to the aircraft. SUPPLEMENTARY INFORMATION: under the criteria of the Regulatory The FAA has reviewed and approved Flexibility Act. A copy of the draft Comments Invited the technical contents of PW Alert regulatory evaluation prepared for this Interested persons are invited to Service Bulletin (ASB) No. A6208, action is contained in the Rules Docket. participate in the making of the Revision 2, dated July 7, 1995, that A copy of it may be obtained by proposed rule by submitting such describes procedures for inspection of contacting the Rules Docket at the written data, views, or arguments as steel HPC disks, stages 10–15, for location provided under the caption they may desire. Communications corrosion, recoating or replating those ADDRESSES. should identify the Rules Docket disks, or replacing those disks as number and be submitted in triplicate to necessary. List of Subjects in 14 CFR Part 39 Since an unsafe condition has been the address specified above. All Air transportation, Aircraft, Aviation identified that is likely to exist or communications received on or before safety, Safety. the closing date for comments, specified develop on other products of this same above, will be considered before taking type design, the proposed AD would The Proposed Amendment action on the proposed rule. The require inspection of steel HPC disks, Accordingly, pursuant to the proposals contained in this notice may stages 10–15, for corrosion, recoating or authority delegated to me by the be changed in light of the comments replating those disks, or replacing those Administrator, the Federal Aviation received. disks as necessary. Disks have different Administration proposes to amend part Comments are specifically invited on initial inspection threshholds and 39 of the Federal Aviation Regulations the overall regulatory, economic, repetitive inspection intervals based on (14 CFR part 39) as follows: environmental, and energy aspects of the type of coating or plating and the the proposed rule. All comments calendar time since new or since last PART 39ÐAIRWORTHINESS submitted will be available, both before recoating or replating. Pratt & Whitney DIRECTIVES and after the closing date for comments, conducted analytical studies of operator in the Rules Docket for examination by experience. Over 150 PW JT3D and 1. The authority citation for part 39 interested persons. A report JT8D HPC disks were analyzed for continues to read as follows: summarizing each FAA-public contact corrosion pit depth, and were correlated Authority: 49 USC 106(g), 40101, 40113, concerned with the substance of this with disk history, utilization rates, and 44701. proposal will be filed in the Rules coating or plating replacement. The § 39.13 [Amended] Docket. actions would be required to be Commenters wishing the FAA to accomplished in accordance with the 2. Section 39.13 is amended by acknowledge receipt of their comments ASB described previously. adding the following new airworthiness submitted in response to this notice There are approximately 2,000 directive: must submit a self-addressed, stamped engines of the affected design in the Pratt & Whitney: Docket No. 95–ANE–45. postcard on which the following worldwide fleet. The FAA estimates that Applicability: Pratt & Whitney (PW) statement is made: ‘‘Comments to 1,000 engines installed on aircraft of Models JT3D–1, –1A, –3, –3B, –3C, –1–MC6, Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules 55339
–1A–MC6, –1–MC7, –1A–MC7, –7, –7A AL protective coating is applied, or not to additional guidance through issuance of turbofan engines, installed on but not limited exceed 13 years since new or last plating, if a final rule. to Boeing 707 and 720 series aircraft and NI–CAD plating is applied. ADDRESSES: Comments may be mailed to McDonnell Douglas DC–8 series aircraft. (b) An alternative method of compliance or adjustment of the compliance time that John R. Fraser, Deputy Administrator, Note: This airworthiness directive (AD) 200 Constitution Ave., NW., Room applies to each engine identified in the provides an acceptable level of safety may be preceding applicability provision, regardless used if approved by the Manager, Engine S3510, Washington, DC 20210. of whether it has been modified, altered, or Certification Office. The request should be FOR FURTHER INFORMATION CONTACT: repaired in the area subject to the forwarded through an appropriate FAA On 20 CFR part 655, subpart H, and 29 requirements of this AD. For engines that Principal Maintenance Inspector, who may CFR part 507, subpart H, contact Flora have been modified, altered, or repaired so add comments and then send it to the T. Richardson, Chief, Division of that the performance of the requirements of Manager, Engine Certification Office. Foreign Labor Certifications, U.S. this AD is affected, the owner/operator must Note: Information concerning the existence Employment Service, Employment and use the authority provided in paragraph (b) of approved alternative methods of to request approval from the Federal Aviation Training Administration, Department of compliance with this airworthiness directive, Labor, Room N–4456, 200 Constitution Administration (FAA). This approval may if any, may be obtained from the Engine address either no action, if the current Certification Office. Avenue, NW., Washington, DC 20210. Telephone: (202) 219–5263 (this is not configuration eliminates the unsafe (c) Special flight permits may be issued in condition, or different actions necessary to accordance with sections 21.197 and 21.199 a toll-free number). address the unsafe condition described in of the Federal Aviation Regulations (14 CFR On 20 CFR part 655, subpart I, and 29 this AD. Such a request should include an 21.197 and 21.199) to operate the aircraft to CFR part 507, subpart I, contact Thomas assessment of the effect of the changed a location where the requirements of this AD configuration on the unsafe condition Shierling, Office of Enforcement Policy, can be accomplished. addressed by this AD. In no case does the Immigration Team, Wage and Hour presence of any modification, alteration, or Issued in Burlington, Massachusetts, on Division, Employment Standards repair remove any engine from the October 18, 1995. Administration, Department of Labor, applicability of this AD. Jay J. Pardee, Room S–3510, 200 Constitution Avenue, Compliance: Required as indicated, unless Manager, Engine and Propeller Directorate, NW., Washington, DC 20210. accomplished previously. Aircraft Certification Service. Telephone: (202) 219–7605 (this is not To prevent steel high pressure compressor [FR Doc. 95–26942 Filed 10–30–95; 8:45 am] a toll-free number). (HPC) disk failure due to corrosion, which BILLING CODE 4910±13±U could result in an uncontained engine failure SUPPLEMENTARY INFORMATION: and damage to the aircraft, accomplish the I. Paperwork Reduction Act of 1995 following: (a) Inspect steel HPC disks, stages 10–15, DEPARTMENT OF LABOR As discussed above, this Proposed for corrosion, recoat or replate, or replace as Rule is a republication for notice and necessary, in accordance with PW Alert Employment and Training comment of various provisions Service Bulletin (ASB) No. A6208, Revision Administration published in the Final Rule. It is also 2, dated July 7, 1995, and the following proposed that § lll.731(b)(1) be schedule: 20 CFR Part 655 revised to require less recordkeeping (1) For disks coated with PW110 Aluminide (AL), and for disks with unknown RIN 1205±AA89 than had been required in the Final coating or plating, as follows: Rule. Reporting and recordkeeping (i) Initially inspect, recoat or replate, or Wage and Hour Division requirements contained in the replace as necessary, 11 years since new or regulations have been submitted for since last recoat or replate, or 24 months after 29 CFR Part 507 review to the Office of Management and the effective date of this AD, whichever RIN 1215±AA69 Budget under Section 3507(d) of the occurs later. Paperwork Reduction Act of 1995. (ii) Thereafter, inspect, recoat or replate, or Labor Condition Applications and Title: Wage recordkeeping replace as necessary, at intervals not to requirements applicable to employers of exceed 11 years since new or last coating, if Requirements for Employers Using AL protective coating is applied, or not to Nonimmigrants on H±1B Visas in H–1B nonimmigrants. exceed 13 years since new or last plating, if Specialty Occupations and as Fashion Summary: This Proposed Rule Nickel Cadmium (NI–CAD) plating is Models requires that employers document an applied. objective actual wage system to be (2) For disks plated with NI–CAD, as AGENCIES: Employment and Training applied to H–1B nonimmigrants and follows: Administration, Labor; and Wage and U.S. workers. it also requires that (i) Initially inspect, recoat or replate, or Hour Division, Employment Standards employers keep payroll records for non- replace as necessary, 13 years since new or Administration, Labor. FLSA exempt H–1B workers and other since last replate, or 24 months after the ACTION: Proposed rule. effective date of this AD, whichever occurs employees for the specific employment later. in question. SUMMARY: This rule is being proposed to (ii) Thereafter, inspect, recoat or replate, or Need: The statute requires that the replace as necessary, at intervals not to obtain comments on certain provisions employer pay H–1B nonimmigrants the exceed 11 years since new or last coating, if of the Department’s Final Rule higher of the actual or prevailing wage. AL protective coating is applied, or not to implementing provisions of the In order to determine whether the exceed 13 years since new or last plating, if Immigration and Nationality Act (INA) employer is paying the required wage, NI–CAD plating is applied. as it relates to the temporary the Department requires an employer to (3) For disks with unknown history and employment in the Untied States have and document an objective wage unknown coating or plating, as follows: (‘‘U.S.’’) of nonimmigrants admitted system used to determine the wages of (i) Initially inspect, recoat or replate, or under H–1B visas. replace as necessary, 24 months after the non-H–1B workers. The Department effective date of this AD. DATES: Public comments are invited. also believes that it is essential to (ii) Thereafter, inspect, recoat or replate, or Comments shall be received by require the employer to maintain replace as necessary, at intervals not to November 30, 1995 in order to expedite payroll records for the employer’s exceed 11 years since new or last coating, if the Department’s ability to provide employees in the specific employment 55340 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules in question at the place of employment other forms of information technology, October 6, 1993, Proposed Rule, 58 FR to ensure that H–1B nonimmigrants are e.g., permitting electronic submission of 52152. being paid at least the actual wage being responses. December 30, 1993, Interim Final paid to non-H–1B workers or the Written comments should be sent to Rule, 58 FR 69226. prevailing wage, whichever is higher. the Office of Information and Regulatory December 20, 1994, Final Rule, 59 FR Respondents and proposed frequency Affairs, Office of Management and 65646. of response: The Department estimates Budget, Attention: Desk Officer for January 19, 1995, Final Rule, 60 FR that approximately 26,480 of the Employment Standards Administration, 4028. 110,000 employers who file labor U.S. Department of Labor, Washington, September 26, 1995, Notice, 60 FR condition applications actually employ D.C. 20503. 49505. H–1B nonimmigrants. The Department III. Proposed Provisions further estimates that the public burden II. Background is approximately 1 hour per employer On November 29, 1990, the The Department hereby republishes per year to document the actual wage Immigration and Nationality Act (8 and reproposes several provisions system for a total burden to the U.S.C. 1101 et seq.) (INA or Act) was adopted in the Final Rule (59 FR 65646, regulated community of 26,480 hours amended by the Immigration Act of December 20, 1994) to provide the per year. 1990 (IMMACT), Public Law 101–649, regulated community and the public an The payroll recordkeeping 104 Stat. 4978. On December 12, 1991, opportunity to comment on these requirements are virtually the same as the INA was further amended by the provisions which were not specifically those required by the Fair Labor Miscellaneous and Technical set forth in this format in the proposed Standards Act and any burden required Immigration and Naturalization rule. The Department also proposes to is subsumed in OMB Approval No. make an amendment to Amendments of 1991 (MTINA), Public lll 1215–0017 for those regulations at 29 Law 102–232, 105 Stat. 1733. These § .731(b)(1) as it appeared in the CFR Parts 516, except with respect to amendments assign responsibility to the Final Rule. With the exception of the records of hours worked required to be Department of Labor (Department of Department’s limited enforcement maintained for H–1B nonimmigrants DOL) for the implementation of several position on the recordkeeping provision who are exempt from the FLSA. The provisions of the Act relating to the of § lll.731(b)(1) (see 60 FR 49505, Department estimates that the number entry of certain categories of September 26, 1995), all provisions of employers who are required to keep employment-based immigrants, and to remain in effect and the issuance of this such hourly records is approximately the entry and temporary employment of notice does not affect their enforcement. 2,251. The Department estimates that certain categories of nonimmigrants. The Department will carefully consider each employer accounts for One of the provisions of the Act governs all comments and will make any approximately 2.45 workers and that the the temporary entry of foreign appropriate revisions to these burden to employers to keep hourly ‘‘professionals’’ to work in ‘‘specialty records is 2.5 hours per employee per provisions. occupations’’ in the U.S. under H–1B The preamble explaining each of year. Thus, the total burden for keeping nonimmigrant status. 8 U.S.C. hourly records per employer is 6.125 these provisions in the Final Rule is set 1101(a)(15)(H)(i)(b), 1182(n), and forth below for the convenience of the hours per year for a total yearly burden 1184(c). to the regulated community of 13,787 public, with minor modifications where The H–1B category of specialty appropriate. hours per year. occupations consists of those Estimated total annual burden: The occupations which require the 1. Labor Condition Application Filing Department estimates, based on the theoretical and practical application of Dates figures above, that the total annual a body of highly specialized knowledge lll burden on the regulated community is (See § .730(b).) and the attainment of a bachelor’s or Through administration and 40,267 hours per year. higher degree (or its equivalent) in the The public is invited to provide enforcement of the H–1B program, the specific specialty as a minimum for comments on the collection of Department became aware that some entry into the occupation in the U.S. 8 information requirements of these employers were filing labor condition U.S.C. 1184(i)(1). In addition, a provisions so the Department may: applications for periods of anticipated (1) evaluate whether the proposed nonimmigrant in a specialty occupation employment which were well in the collection of information is necessary must possess full State licensure to future (e.g., one year after the for the proper performance of the practice in the occupation (if required), application filing date). This practice functions of the agency, including completion of the required degree, or poses dangers of abuse and frustrates whether the information will have experience equivalent to the degree and Congressional intent to protect the jobs practical utility; recognition of expertise in the specialty. and wages of U.S. workers. The (2) evaluate the accuracy of the 8 U.S.C. 1184(i)(2). The category of prevailing wage, strike/lockout, and agency’s estimate of the burden of the ‘‘fashion model’’ requires that the notice obligations are based, in large proposed collection of information, nonimmigrant be of distinguished merit part, upon actions taken and conditions including the validity of the and ability. 8 U.S.C. 1101(a)(15)(H)(i)(b). which exist at the time the labor methodology and assumptions used; The rulemaking history, as published condition application is filed. Therefore, (3) enhance the quality, utility, and in the Federal Register, is as follows: in the Final Rule the Department clarify of the information to be March 20, 1991, Advance Notice of established a time limit in advance of collected; and Proposed Rulemaking, 56 FR 11705. the beginning date of the period of (4) minimize the burden of the August 5, 1991, Proposed Rule, 56 FR employment that an employer may file collection of information on those who 37175. a labor condition application. The Final are to respond, including through the October 22, 1991, Interim Final Rule, Rule required and continues to require use of appropriate automated, 56 FR 54720. that a labor condition application can be electronic, mechanical, or other January 13, 1992, Interim Final Rule, filed no earlier than 6 months before the technological collection techniques or 57 FR 1316. beginning date of the period of Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules 55341 employment. Labor condition nonimmigrant, the Administrator—in Department clarified the regulation to applications which are received by an determining the actual wage rate for set a deadline for an employer’s reliance ETA regional office more than 6 months enforcement and back wage on a SESA prevailing wage prior to the beginning date of the period computation purposes—may need to determination. An employer that of employment will be returned to the average the wages of all non-H–1B obtains a SESA prevailing wage employer as unacceptable for filing. workers who are employed in the same determination must file the labor This procedural change imposes few, if occupation, rather than make condition application under which that any, additional burdens on employers determinations for each individual H– rate will be paid within 90 days from and facilitates the achievement of the 1B nonimmigrant; the employer in such the date of the SESA’s determination. statutory purposes. circumstances would be cited for failure 4. Challenges of Prevailing Wage to comply with the requirements for 2. Actual Wage Determinations Only Through determination of the actual wage. (See § lll.731(a)(1) & Appendix A) Assuming the actual wage is higher Employment Service Complaint System As the H–1B program evolved, the than the prevailing wage and thus is the (See § lll .731(a)(2)(iii)(A)(1), Department became aware that required wage rate, if an employer gives § lll .731(d)(2) and § lll .840(c).) inconsistent and perhaps confusing its employees a raise at year’s end, or if Section lll .731(a)(2)(iii)(A) lists interpretations had, on occasion, been the employer’s compensation system the State Employment Security Agency provided in response to public inquiries provides for other adjustments in wages, (SESA) as one source for obtaining a concerning the Department’s H–1B nonimmigrants must also receive prevailing wage determination. enforcement position on the employer’s the adjustment (consistent with Although DOL regulations provide an responsibilities under the ‘‘actual wage’’ legitimate employer-established criteria avenue for an employer to challenge an provisions of the statute and regulation. such as level of performance, SESA determination through the To rectify any misunderstanding within attendance, etc.). This is consistent with Employment Service (ES) complaint the regulated community, the Congressional intent that H–1B process (under 20 CFR part 658, subpart Department provided in the Final Rule nonimmigrants be provided the same E), the Interim Final Rule did not make the following guidance regarding its wages as similarly-employed U.S. it sufficiently clear that challenges to enforcement policy concerning workers. SESA prevailing wage determinations determination of the actual wage. Where the employer’s pay system or were to be made only through that In determining the required wage rate, wage scale provides adjustments during process. In designing the program, the the employer must not only obtain the the validity period of the labor Department had envisioned that the ES prevailing wage, but also determine the condition application—e.g., cost-of- complaint process would be used for all actual wage for the occupation in which living increase or other annual prevailing wage challenges. However, the H–1B nonimmigrant is to be adjustment, increase in the entry-level after substantial enforcement litigation employed by the employer. In rate for the occupation due to market experience, the Department found that establishing its compensation system for forces, or the employee moves into a some employers were instead workers in an occupational category, of more advanced level in the same attempting to contest such course, an employer may take into occupation—the employer shall retain determinations through the hearing consideration objective standards documentation explaining the changes provided under § lll .835. These relating to experience, qualifications, and clearly showing that, after such enforcement procedures were not education, specific job responsibilities adjustments, the wages paid to the H– intended to handle such challenges. and functions, specialized knowledge, 1B nonimmigrant are at least the greater The Final Rule provided needed and other legitimate business factors. of the adjusted actual wage or the clarification by directing the employer The use of any or all these factors is at prevailing wage for the occupation in to the ES complaint process and alerting the discretion of the employer. The the area of intended employment. the employer that a challenge of an employer must have and document an SESA prevailing wage determination objective system used to determine the 3. Validity Period of a SESA Prevailing could be made only prior to filing an wages of non-H–1B workers, and apply Wage LCA in which that SESA determination that system to H–1B nonimmigrants as (See § lll.731(a)(2)(iii)(A)(1).) is used. Implicit and essential in this well. It is not sufficient for the employer Through administration and process is the requirement that once an simply to calculate an average wage of enforcement of the H–1B program, the employer obtains a prevailing wage all non-H–1B employees in an Department became aware of confusion determination from the SESA and files occupation; the ‘‘actual wage’’ is not an and potential adverse effect on workers’ an LCA using such determination ‘‘average wage.’’ wages in situations in which employers without challenging it through the ES The documents explaining the wage filing LCAs relied on SESA prevailing complaint process, the employer, in system must be maintained in the wage determinations which were effect, has accepted the determination public disclosure file. The explanation obtained on dates considerably earlier and waived its right to challenge the of the compensation system must be than the time of the filing (e.g., six determination. Permitting an employer sufficiently detailed to enable a third months prior to LCA date). Employers to operate under a SESA prevailing party to apply the system to arrive at the were obtaining prevailing wage rates wage determination and later contest it actual wage rate computed by the and holding them indefinitely before in the course of an investigation or employer for any H–1B nonimmigrant. using them in conjunction with filing an enforcement action is contrary to sound The computation of the H–1B LCA. The Department concluded that a public policy; such a delayed, nonimmigrant’s individual actual wage practicable limit should be set on the disruptive challenge would have a rate shall be documented in the H–1B use of prevailing wage rates, and that 90 harmful effect on U.S. and H–1B nonimmigrant’s personnel file. days is a reasonable practicable limit. employees, competing employers, and In the event the employer has not In order to alleviate confusion and to other parties who may have received developed and documented an objective better assure the achievement of the notice of and/or relied on the prevailing system and/or has not calculated the Congressional purposes of protecting wage at issue. Section lll actual wage rate for an H–1B the wages of U.S. workers, the .731(a)(2)(iii)(A) of the Final Rule 55342 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules explicitly stated the Department’s wage determination obtained by the An amendment is proposed to be clarification of the use and Administrator from ETA, the made to § lll.731(b)(1)(v). This consequences of the ES complaint Administrative Law Judge (ALJ) in the section requires employers to retain process. Challenges to SESA prevailing enforcement proceeding ‘‘shall not records of hours worked for all wage determinations can be made only determine the prevailing wage de novo, employees in the same specific through the State agency’s ES process. but shall * * * either accept the wage employment as the H–1B nonimmigrant See 20 CFR 658.410 et seq. determination or vacate the wage if employees are paid on other than a Where the prevailing wage determination.’’ This provision had salary basis or if the actual or prevailing determination is made by the SESA been interpreted by some employers as wages are expressed as an hourly wage. prior to the filing of the LCA, the permitting a challenge of prevailing The Department finds that it is employer’s avenue of appeal is through wage determinations obtained by the unnecessary to require employers to the ES complaint system, entering the Administrator for ETA. Section retain records of hours worked for system at the State level. See 20 CFR lll.840(c) was not intended to FLSA-exempt, similarly employed non– 658.410 et seq. However, where the function as a mechanism from such H–1B workers when the employer prevailing wage determination is made challenges. Accordingly, § lll.840(c) expresses its actual wage as a salary, by ETA (with or without consultation was clarified in the Final Rule to reflect even if the prevailing wage is expressed with the SESA) during the course of a that once the Administrator obtains a as an hourly wage. Therefore, the Wage and Hour Division enforcement prevailing wage determination from Department is proposing to amend action, the employer’s avenue of appeal ETA and the employer either fails to § lll.731(b)(1)(v) so that employers also is through the ES complaint system, challenge such determination through are not required to retain records of but the employer enters the system at the ES complaint process within the hours worked for FLSA-exempt, the ETA regional office level. The specified time of 10 days, or, after such similarly employed non–H–1B workers employer will be notified where to file a challenge, the determination is found if the actual wage is expressed as a any appeal. For purposes of the H–1B to be accurate by the ES complaint salary but the prevailing wage is program only, this is a collateral change process, the ALJ must accept the expressed as an hourly rate. to the ES complaint system regulations, determination as accurate and cannot 6. Enforcement of Wage Obligation which generally require all complaints vacate it. As with other final decisions to be filed at the SESA level (see 20 CFR of the Department, the employer (See § lll.731(c)(5).) 658.420 et seq.) and is notwithstanding continues to have access to Federal The Act requires an employer to state the provisions of 20 CFR 658.421(a) and district court if the issues are not that it is offering and will offer the H– 658.426. Similarly, § lll .731(d) satisfactorily resolved. 1B nonimmigrant, during the period of provides that, where the employer does authorized employment, wages that are not have a valid prevailing wage 5. Documentation of the Wage at least the required wage rate. The determination, the Administrator, Statement required wage rate is the actual wage during the course of an investigation, (See § lll.731(b)(1).) rate or the prevailing wage rate, may obtain a prevailing wage Section lll.731(b)(1) of the Final whichever is greater. Furthermore, the determination from ETA, which, in Rule requires that, in documenting its employer is required to indicate on the turn, may consult with the SESA and compliance with the wage requirements, LCA whether an H–1B nonimmigrant then determine the appropriate an employer shall maintain certain will work full-time or part-time. Under prevailing wage. Some employers also documentation, not only for the H–1B the Secretary’s statutory authority to were contesting these ETA prevailing nonimmigrant(s), but for ‘‘all other implement the Act, the regulations do wage determinations at the Wage and employees for the specific employment not authorize an employer to fail to pay Hour enforcement hearing provided in question at the place of the the required wage rate. In enforcement under § lll .835. The Department employment.’’ In the preamble to the proceedings, however, the Department believes that the proper forum for all Final Rule, the Department stated that has encountered confusion over an prevailing wage determination ‘‘[t]his information is ordinarily employer’s obligations in circumstances challenges—whether the wage maintained by the employer for where the H–1B nonimmigrant is in a determination was obtained by the purposes of showing compliance with nonproductive status or circumstance. employer or by the Administrator other applicable statutes (e.g., the Fair There is no statutory or regulatory (where the employer does not have a Labor Standards Act) and will permit authorization for a reduction in the valid prevailing wage determination)— the Department to determine whether in prescribed wage rate for any H–1B is the ES complaint process. Once the fact the required wage has been paid’’ nonimmigrant who is not engaged in prevailing wage determination is final, (59 FR 65654, December 20, 1994). productive work for the LCA-filing either through the lack of a timely Upon further consideration, the employer due to employment-related challenge or through the completion of Department issued a Notice of conditions such as training, lack of the ES process, the determination will Enforcement Position (60 FR 49505, work, or other such reasons. The H–1B be conclusive for purposes of September 26, 1995) announcing that, program was not intended and should enforcement. In such cases where the with respect to any additional workers not operate to provide an avenue for prevailing wage determination is made for whom the Final Rule may have nonimmigrants to enter the U.S. and by ETA at the Administrator’s request, applied recordkeeping requirements, the await work at the employer’s choice or any challenge must be initiated at the Department would enforce the provision convenience, as has been found to be ETA regional office level within 10 days to require the employer to keep only occurring. Compare 8 U.S.C. after the employer receives the ETA those records which are required by the 1101(a)(15)(H)(iii). Instead, the H–1B prevailing wage determination. Section Fair Labor Standards Act (‘‘FLSA’’), 29 program’s purpose is to enable lll .731(d) was amended in the Final CFR part 516. The Department employers to temporarily employ fully- Rule to reflect this clarification. concluded that, in virtually all qualified workers for whom Finally, § lll.840(c) provides that situations, the records required by the employment opportunities currently where the Administrator has found a FLSA would include those listed under exist. The employer, having attested to wage violation based on a prevailing the H–1B Final Rule. the duration and scope of the intended Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules 55343 employment (i.e., beginning and ending number of hours to be worked per week new worksite, which will remain posted dates; full or part-time), controls the indicated on the I–129 petition filed by for at least ten days. nonimmigrant’s employment status. The the employer with the INS. If the A clarification of the regulation, based Immigration and Nationality Act (8 U.S. employer indicates on the LCA that an upon program experience, was also C. 1182(n)(1)) requires that once the H– employee is to work only part-time and made in the Final Rule with regard to 1B status has been approved for the subsequent investigation discloses that, the timing of an employer’s notice of period specified by the employer, the in fact, the employee was working full- filing an LCA. The Department became employer controls the status and work time in a majority of the weeks during aware of confusion and potential of the H–1B nonimmigrant, who is the period covered by the investigation, adverse effects in situations in which unable to accept employment elsewhere the employer will be responsible for employers provided the required notice without a certified labor condition full-time pay including during of filing the application to the application and approved I–129 petition nonproductive periods for which the bargaining representative, or to its filed on the worker’s behalf by another worker received either no pay or less employees by posting at the place of employer. than the required wage. employment, considerably in advance of For the purpose of DOL the date the application was filed (e.g., administration and enforcement of the 7. Notification six months prior to filing). In order to H–1B program pursuant to these (See § lll. 734(a)(1)(ii)(D).) alleviate confusion and to better assure regulations, an H–1B nonimmigrant is Section 212(n)(1)(C) of the INA the achievement of Congressional intent considered to be under the control or requires that an employer seeking to that U.S. workers who work side-by-side employ of the LCA-filing employer from hire an H–1B nonimmigrant shall notify, with H–1B nonimmigrants be notified of the time of arrival in the United States at the time of filing the application, the the employer’s intent and their ability to and throughout the period of his or her bargaining representative of its file complaints if they believe violations employment—regardless of whether the employees of the filing of the labor have occurred, the Final Regulation nonimmigrant is in training or other condition application or, if there is no required that notice, provided by the nonproductive status, unless during the bargaining representative, post notice of employer under the fourth labor period employment an H–1B filing in conspicuous locations at the condition statement, was to be provided nonimmigrant experiences a period of place of employment. 8 U.S.C. on or within 30 days prior to the date nonproductive status due to conditions 1182(n)(1)(C). The interim final the labor condition application is filed. which are unrelated to the employment regulations at § lll. 730(h)(1) 8. Short-Term Placement of H–1B and render the nonimmigrant unable to implemented this statutory requirement. Nonimmigrants at Worksites Outside work—e.g., maternity leave, automobile Based on program experience, the the Location(s) Listed on the LCA accident which temporarily Final Rule clarified the regulations to incapacitates the nonimmigrant, caring better assure the worker protections (See § lll.735.) for an ill relative. In such circumstances which Congress intended the notice Until the October 1993 NPRM, the where a period of nonproductive status requirement to achieve. The Department Department had indicated that job is due to conditions unrelated to had become aware that some employers contractors would be treated like any employment, the employer shall not be which place H–1B nonimmigrants at other employer under the H–1B obligated to pay the required wage rate new worksites within areas covered by program. After obtaining considerable during that period, provided that the existing LCA’s failed to fulfill their LCA programmatic experience regarding the INS permits the employee to remain in obligations, but, because notices were operations and effects of job contractors the U.S. without being paid and not posted at the new worksites, using H–1B nonimmigrants, the provided further that such period is not potentially adversely affected workers Department proposed in its NPRM to subject to payment under other statutes were not informed of the LCA clarify how LCA’s should be completed such as the Family and Medical Leave conditions or of their own rights to by job contractors, and proposed to Act (29 U.S.C. 2601 et seq.) or the examine certain documents and to file amend the regulations to create certain Americans with Disabilities Act (42 complaints. The Department recognized additional standards for such U.S.C. 12101 et seq.). that it could take the position that an employers. It is the Department’s position that an employer wishing to place H–1B In the NPRM, as part of the proposal LCA-filing employer has no nonimmigrants at worksites where to develop special procedures for job prereogative—other than in notice had not been given could be contractors, the Department defined the circumstances described above—but to required to both post a notice and file term ‘‘job contractor’’ and the proposed pay the required wage beginning no a new LCA before placing H–1B requirements to be met, including the later than the day the H–1B nonimmigrants at a new worksite within general requirement to assure that the nonimmigrant is in the United States an area of intended employment. information provided on the LCA in under the control and employ of that However, such a two-step requirement Item 7 (occupational information) must LCA-filing employer, and continuing appeared to the Department to be pertain to the location(s) (city and State) throughout the nonimmigrant’s period burdensome. The protections intended of any and all worksites where H–1B of employment. Any H–1B by Congress can be effected by notice nonimmigrants would be employed. nonimmigrant to be employed under an posted by the employer at each new The Department further proposed that a LCA in a full-time capacity (the part- worksite within an area of intended job contractor filing an LCA must time block not having been checked on employment at the time the H–1B indicate thereon the place of Item 7(b) of the LCA) shall be nonimmigrants are sent there to work, employment at which the H–1B guaranteed full-time pay (ordinarily 40 without the employer being required to nonimmigrant will actually work (and hours’ pay) each week, or the weekly file new LCA’s. The Final Rule, for which the prevailing wage must be equivalent if paid a monthly or annual therefore, imposed a less burdensome determined) as opposed to the salary. If an employer’s LCA shows but equally worker-protective standard, employer’s headquarters or other office ‘‘part-time employment,’’ the employer by providing that the employer shall location, if such location is different will be required to pay the post worksite notices on the first day of from the place of employment. The nonproductive employee for at least the work by an H–1B nonimmigrant at a Department also proposed that, if the 55344 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules contractor wishes to relocate an H–1B a ‘‘time test’’ for short-term assignments Department has incorporated the nonimmigrant to work at any location of H–1B nonimmigrants to worksite(s) regulations promulgated by the General not listed on a certified LCA, a outside the area(s) of employment Services Administration (‘‘GSA’’) for corresponding LCA shall be filed and covered by already-certified LCAs, Federal employees as the basis for such certified (and the appropriate prevailing whether the new worksite is another travel expenses as it is unaware of any wage determined) before any H–1B establishment of the employer or is the other universally available source of this nonimmigrant may be employed at that worksite of another entity (e.g., a information for employers. GSA advises location. The NPRM addressed other job customer of a job contractor providing us that the rates are based on surveys of contractor matters, such as the H–1B nonimmigrants or services two-star hotels and comparable contractor’s actual wage obligation. provided by H–1B nonimmigrants at the restaurants. Furthermore, under IRS Of the 264 comments received in customer’s location.) The Final Rule is guidelines, employers are not required response to the NPRM, 171 commented both less burdensome for employers and to provide receipts for employee travel on these proposals and 153 (nearly more protective of workers than was the expenses if the employer has used the 90%) opposed it—128 of those 153 provision as proposed in the NPRM. Federal per diem rates. (See IRS Rev. coming from business commenters. The The Department recognizes that it is Proc. 94–77). Finally, some Federal negative comments related to the common practice for employers—not District Courts have found Federal per concept as a whole or related to a part only job contractors, but also other diem rates to be a ‘‘fair method of of it—such as the nationwide actual employers which operate in more than compensation.’’ (See PPG Industries, wage, worksite posting, and place of one place of employment within the Inc. v. Celanese Polymer Specialties Co., employment designation on the labor United States—to move employers from 658 F.Supp. 555 (W.D.Ky. 1987), rev’d condition application. one place of employment (worksite) to on other grounds, 840 F.2d 1565 (Fed. Concerns were expressed about an another for short periods of time in Cir. 1988) and Arthur S. Langenderfer, employer’s ability to find workers to fill response to business demands. The Inc. v. S.E. Johnson Co., 684 F.Supp. health care needs, especially in the Final Rule takes into consideration the 953 (N.D.Ohio 1988)). Thus, GSA per physical therapist occupation. Other practical and real world experience of commenters expressed concern that the such short-term placement of diem rates are recognized as providing proposed rule would impose special employees. reasonable reimbursement for travel hardships on job contractors, would be The Final Rule applying to all LCA- expenses. onerous, and would be discriminatory. filing employers includes a 90 workday 3. No H–1B nonimmigrant is placed at Several commenters suggested that the placement option within a three-year a worksite where there is a strike or Department consider a time test period, beginning with the first work lockout in the same occupational methodology, rather than a ‘‘job day at any worksite in a new area of classification. contractor’’ concept, in identifying the intended employment, for an employer Of course, at any time an employer responsibilities of an employer which who shifts H–1B nonimmigrant workers may file a new LCA covering the new places H–1B nonimmigrants at to any worksite(s) outside the location area of intended employment worksites owned or controlled by listed on the employer’s already- (complying with all LCA requirements, entities other than the employer. certified LCA. The 90-day option including determination of actual and Suggestions for the allowable duration applies separately for each area of prevailing wage rates as well as notice of temporary placement ranged from 30 intended employment (e.g., 90 to employees). This filing can be done days to 180 days. cumulative days for Los Angeles, 90 in advance of the placement or, if such Of the comments received in response cumulative days for San Francisco). new LCA is filed and certified after to the January 13, 1992, Interim Final Under this option an employer may placement and the employer complies Rule, concerning the worksite place H–1B nonimmigrant(s) at such with any obligations attendant to the movement of H–1B nonimmigrants, 13 worksite(s)—without filing a new LCA new LCA, the employer could cease commenters (11 of which were (and thus without meeting the notice, payment of per diem and transportation businesses) expressed the view that the prevailing wage, and actual wage rates. If, at the accumulation of 90 initial LCA filing should be sufficient requirements for such area of intended workdays, the employer has H–1B when an H–1B nonimmigrant is employment)—provided that the nonimmigrants at any worksite(s) in the transferred between temporary employer complies with three new area of intended employment, the worksites such as branch offices or requirements: customer offices. These comments 1. Unless an LCA has been filed and employer must have filed and received advocated the position that an employer certified for the new area of intended approval of a new LCA and complied should be able to move H–1B employment, no H–1B nonimmigrant with all requirements attendant to such nonimmigrant employees to worksites continues to work at a worksite in such filing. where the tour of duty would be of a area after 90 cumulative workdays by This 90 workday placement option short or temporary nature. H–1B nonimmigrants at all worksites does not apply to the placement of H– In promulgating the Final Rule, the within the area (starting with the first 1B nonimmigrants at any new Department carefully considered the day on which any H–1B nonimmigrant worksite(s) within an area covered by an comments concerning the job contractor worked at any worksite in the area) and already-certified LCA filed by the concept as proposed, and decided based the employer makes no further employer. Such worksite(s) would be thereupon not to establish special placement of H–1B worker(s) in such encompassed within and fully subject to procedures applicable only to those area within the three-year period which the requirements of that LCA, including businesses operating as job contractors. began with the first day of placement. prevailing wage and worksite notice(s) Based on the overwhelming weight of 2. The H–1B nonimmigrant(s) (see § c.1.b NOTIFICATION, above, the comments and the Department’s working in the area is (are) compensated regarding notification at new worksites). experience in the program, the Final at the required wage rate applicable The only additional action required for Rule contained a modification of the under the employer’s already-certified the employer in this circumstance is to proposed rule, consistent with LCA plus expenses for the other area of post notice for a period of 10 days at the commentors’ suggestions, to implement employment when placed. The new worksite. Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules 55345
IV. Executive Order 12866 Register, are republished for comment, jurisdiction the H–1B nonimmigrant The Department has determined that and other amendments are proposed, as will be employed no earlier than six this Proposed Rule is not an follows: months before the beginning date of the ‘‘economically significant regulatory TITLE 20ÐEMPLOYEES' BENEFITS period of intended employment shown action’’ within the meaning of Executive on the LCA. * ** Order 12866, in that it will not have an PART 655ÐTEMPORARY * * * * * annual effect on the economy of $100 EMPLOYMENT OF ALIENS IN THE 4. In § lll.731, paragraph million or more or adversely affect in a UNITED STATES (a)(2)(iii)(A)(1) is republished as material way the economy, a sector of follows: 1. The authority citation for Part 655 the economy, productivity, competition, continues to read as follows: § lll.731 The first labor condition jobs, the environment, public health or statement: wages. safety, or State, local, or tribal Authority: Section 655.0 issued under 8 (a) * * * governments or communities. U.S.C. 1101(a)(15)(H)(i) and (ii), 1182(m) and (n), 1184, 1188, and 1288(c); 29 U.S.C. 49 et (2) * * * V. Regulatory Flexibility Act seq.; sec. 3(c)(1), Pub. L. 101–238, 103 Stat. (iii) * * * 2099, 2103 (8 U.S.C. 1182 note); sec. 221(a), (A) * * * The Department of Labor has notified (1) An employer who chooses to the Chief Counsel for Advocacy, Small Pub. L. 101–649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note); and 8 CFR 214.2(h)(4)(i). utilize a SESA prevailing wage Business Administration, and made the Section 655.0 issued under 8 U.S.C. determination shall file the labor certification pursuant to the Regulatory 1101(a)(15)(H)(ii), 1184, and 1188; 29 U.S.C. condition application not more than 90 Flexibility Act at 5 U.S.C. 605(b), that 49 et seq.; and 8 CFR 214.2(h)(4)(i). days after the date of issuance of such the rule does not have a significant Subparts A and C issued under 8 U.S.C. SESA wage determination. Once an 1101(a)(15)(H)(ii)(b) and 1184; 29 U.S.C. 49 et economic impact on a substantial employer obtains a prevailing wage number of small entities. seq.; and 8 CFR 214.2(h)(4)(i). Subpart B issued under 8 U.S.C. determination from the SESA and files Catalog of Federal Domestic Assistance 1101(a)(15)(H)(ii)(a), 1184, and 1188; and 29 an LCA supported by that prevailing Number U.S.C. 49 et seq. wage determination, the employer is This program is not listed in the Subparts D and E issued under 8 U.S.C. deemed to have accepted the prevailing Catalog of Federal Domestic Assistance. 1101(a)(15)(H)(i)(a), 1182(m), and 1184; 29 wage determination (both as to the U.S.C. 49 et seq.; and sec. 3(c)(1), Pub. L. occupational classification and wage) List of Subjects 101–238, 103 Stat. 2099, 2103 (8 U.S.C. 1182 and thereafter may not contest the note). legitimacy of the prevailing wage 20 CFR Part 655 Subparts F and G issued under 8 U.S.C. determination through the Employment Administrative practice and 1184 and 1288(c); and 29 U.S.C. 49 et seq. Subparts H and I issued under 8 U.S.C. Service complaint system or in an procedure, Agriculture, Aliens, investigation or enforcement action. Crewmembers, Employment, 1101(a)(15)(H)(i)(b), 1182(n), and 1184; 29 U.S.C. 49 et seq.; and sec. 303(a)(8), Pub. L. Prior to filing the LCA, the employer Enforcement, Fashion models, Forest 102–232, 105 Stat. 1733, 1748 (8 U.S.C. 1182 may challenge an SESA prevailing wage and forest products, Guam, Health note). determination through the Employment professions, Immigration, Labor, Subparts J and K issued under 29 U.S.C. 49 Service complaint system, by filing a Longshore work, Migrant labor, Nurse, et seq.; and sec. 221(a), Pub. L. 101–649, 104 complaint with the SESA. See 20 CFR Penalties, Registered nurse, Reporting Stat. 4978, 5027 (8 U.S.C. 1184 note). 658.410 through 658.426. Employers and recordkeeping requirements, TITLE 29ÐLABOR which challenge an SESA prevailing Specialty occupation, Students, Wages. CHAPTER VÐWAGE AND HOUR DIVISION, wage determination must obtain a final 29 CFR Part 507 DEPARTMENT OF LABOR ruling from the Employment Service complaint system prior to filing an LCA Administrative practice and based on such determination. In any procedures, Aliens, Employment, Part 507ÐEnforcement of H±1B Labor challenge, the SESA shall not divulge Enforcement, Fashion models, Condition Applications any employer wage data which was Immigration, Labor, Penalties, Reporting collected under the promise of and recordkeeping requirements, Subparts A, B, C, D, E, F, and GÐ confidentiality. Specialty occupation, Wages, Working (Reserved) * * * * * conditions. 2. The authority citation for part 507 5. In § lll.731, paragraph (b)(1) is continues to read as follows: Adoption of the Joint Rule revised to read as follows: The agency-specific adoption of the Authority: 8 U.S.C. 1101(a)(15)(H)(i)(b), § lll.731 The first labor condition joint rule, which appears at the end of 1182(n), and 1184, and 29 U.S.C. 49 et seq.; and Pub. L. 102–232, 105 stat. 1733, 1748 (8 statement: wages. the common preamble, appears below: U.S.C. 1182 note). * * * * * Signed at Washington, DC, this 24th day of lll (b) Documentation of the wage October, 1995. 3. In § .730, in paragraph (b), the first sentence is republished as statement. (1) The employer shall Tim Barnicle, follows: develop and maintain documentation Assistant Secretary for Employment and sufficient to meet its burden of proving Training. § lll.730 Labor condition application. the validity of the wage statement Bernard E. Anderson, * * * * * required in paragraph (a) of this section Assistant Secretary for Employment (b) Where and when should a labor and attested to on Form ETA 9035. The Standards. condition application be submitted? A documentation shall be made available Accordingly, certain amendments to labor condition application shall be to DOL upon request. Documentation part 655 of chapter V of title 20, and submitted, by U.S. mail, private carrier, shall also be made available for public part 507 of chapter V of title 29 of the or facsimile transmission, to the ETA examination to the extent required by Code of Federal Regulations, as regional office shown in § lll.720 of § lll.760(a) of this part. The published earlier in the Federal this part in whose geographic area of employer shall also document that the 55346 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules wage rate(s) paid to H–1B required to pay the nonproductive proceeding shall continue, with ETA’s nonimmigrant(s) is (are) no less than the employee for at least the number of prevailing wage determination serving required wage rate(s). The hours indicated on the I–129 petition as the conclusive determination for all documentation shall include filed by the employer with the INS. If purposes. information about the employer’s wage during a subsequent enforcement action (ii) Where the employer does not rate for all other employees for the by the Administrator it is determined challenge ETA’s prevailing wage specific employment in question at the that an employee designated in the LCA determination obtained by the place of employment, beginning with as part-time was in fact working full- Administrator, such determination shall the date the labor condition application time or regularly working more hours be deemed to have been accepted by the was submitted and continuing than reflected on the I–129 petition, the employer as accurate and appropriate throughout the period of employment. employer will be held to the factual (both as to the occupational The records shall be retained for the standard disclosed by the enforcement classification and wage) and thereafter period of time specified in § lll.760 action. shall not be subject to challenge in a of this part. The payroll records for each (ii) If, however, during the period of hearing pursuant to § lll.835 of this such employee shall include: employment, an H–1B nonimmigrant part. (i) Employee’s full name; experiences a period of nonproductive * * * * * (ii) Employee’s home address; status due to conditions unrelated to 8. In § lll.734, paragraphs (a)(1)(ii) (iii) Employee’s occupation; employment which render the (C) and (D) are republished as follows: (iv) Employee’s rate of pay; nonimmigrant unable to work—e.g., lll (v) Hours worked each day and each maternity leave, automobile accident § .734 The fourth labor condition week by the employee if: which temporarily incapacitates the statement: notice. (A) The employee is paid on other nonimmigrant, caring for an ill (a) * * * than a salary basis; or relative—then the employer shall not be (1) * * * (B) The actual wage is expressed as an obligated to pay the required wage rate (ii) * * * (C) The notices shall be posted on or hourly rate; or during that period provided that the INS within 30 days before the date the labor (C) With respect only to H–1B permits the employee to remain in the condition application is filed and shall nonimmigrants, the prevailing wage is U.S. without being paid and provided expressed as an hourly rate. remain posted for a total of 10 days. further that such period is not subject to (D) Where the employer places any (vi) Total additions to or deductions payment under other statutes such as from pay each pay period by employees; H–1B nonimmigrant(s) at one or more the Family and Medical Leave Act (29 worksites not contemplated at the time and U.S.C. 2601 et seq.) or the Americans (vii) Total wages paid each pay of filing the application, but which are with Disabilities Act (42 U.S.C. 12101 et within the area of intended employment period, date of pay and pay period seq.). covered by the payment by employee. listed on the LCA, the employer is * * * * * required to post notice(s) at such * * * * * 7. In § lll.731, paragraph (d)(2) is lll worksite(s) on or before the date any H– 6. In § .731, paragraph (c)(5) is republished as follows: 1B nonimmigrant begins work, which republished as follows: § lll.731 The first labor condition notice shall remain posted for a total of § lll.731 The first labor condition statement: wages. ten days. statement: wages. * * * * * * * * * * lll * * * * * (d) * * * 9. § .735 is republished as (c) * * * (2) In the event the Administrator follows: (5)(i) For the purpose of DOL obtains a prevailing wage from ETA § lll.735 Special provisions for short- administration and enforcement of the pursuant to paragraph (d)(1) of this term placement of H±1B nonimmigrants at H–1B program, an H–1B nonimmigrant section, the employer may challenge the place(s) of employment outside the area(s) is considered to be under the control or ETA prevailing wage only through the of intended employment listed on labor employ of the LCA-filing employer, and Employment Service complaint system. condition application. therefore shall receive the full wage See 20 CFR part 658, subpart E. (a) Subject to the conditions specified which the LCA-filing employer is Notwithstanding the provisions of 20 in paragraph (b) of this section, an required to pay beginning no later than CFR 658.421 and 658.426, the appeal employer may place H–1B the first day the H–1B nonimmigrant is shall be initiated at the ETA regional nonimmigrant(s) at worksite(s) (place(s) in the United States and continuing office level. Such challenge shall be of employment) within areas of throughout the nonimmigrant’s period initiated within 10 days after the employment not listed on the of employment. Therefore if the H–1B employer receives ETA’s prevailing employer’s labor condition nonimmigrant is in a nonproductive wage determination from the application(s)—whether or not the status for reasons such as training, lack Administrator. In any challenge to the employer owns or controls such of license, lack of assigned work or any wage determination, neither ETA nor worksite(s)—without filing new labor other reason, the employer will be the SESA shall divulge any employer condition application(s) for the area(s) required to pay the salaried employee wage data which was collected under of intended employment which would the full pro-rata amount due, or to pay the promise of confidentiality. encompass such worksite(s). the hourly-wage employee for a full- (i) Where the employer timely (b) The following restrictions shall be time week (40 hours or such other challenges an ETA prevailing wage fully satisfied by an employer which numbers of hours as the employer can determination obtained by the places H–1B nonimmigrant(s) at demonstrate to be full-time employment Administrator, the 30-day investigative worksite(s) (place(s) of employment) for the occupation and area involved) at period shall be suspended until the within areas of employment not listed the required wage for the occupation employer obtains a final ruling from the on the employer’s labor condition listed on the LCA. If the employer’s LCA Employment Service complaint system. application(s): carries a designation of ‘‘part-time Upon such final ruling, the investigation (1) The employer has fully satisfied employment,’’ the employer will be and any subsequent enforcement the requirements of §§ lll.730 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules 55347 through lll.734 of this part with application for the area(s) of intended performance, attendance, etc.). This is regard to worksite(s) located within the employment encompassing such consistent with Congressional intent that H– area(s) of intended employment listed worksite(s) and performed all actions 1B nonimmigrants and similarly employed on the employer’s labor condition required in connection with such U.S. workers be provided the same wages. Where the employer’s pay system or scale application(s). filing(s) (e.g., determination of the provides adjustments during the validity (2) The employer shall not place, prevailing wage; notice to collective period of the LCA—e.g., cost-of-living assign, lease, or otherwise contract out bargaining representative or on-site increase or other annual adjustments, any H–1B nonimmigrant(s) to any notice to workers). increase in the entry-level rate for the worksite where there is a strike or (d) At any time during the 90-day occupation due to market forces, or the lockout in the course of a labor dispute period described in paragraph (b)(4) of employee moves into a more advanced level in the same occupational this section, the employer may file a in the same occupation—the employer shall classification(s) as the H–1B labor condition application for the area retain documentation explaining the changes nonimmigrant(s). of intended employment encompassing and clearly showing that, after such (3) For every day of the H–1B adjustments, the wages paid to the H–1B such worksite(s), performing all actions nonimmigrant are at least the greater of the nonimmigrant’s(s’) placement outside required in connection with such labor adjusted actual wage or the prevailing wage the LCA-listed area of employment, the condition application. Upon for the occupation in the area of intended employer shall pay such worker(s) the certification of such LCA, the employment. required wage (based on the prevailing employer’s obligation to pay Federal per The following examples illustrate these wage at such worker’s(s’) permanent diem rates to the H–1B nonimmigrant(s) principles: work site, or the employer’s actual shall terminate. (However, see (2) Worker A is paid $10.00 per hour and wage, whichever is higher) plus per § lll.731(c)(7)(iii)(C) regarding supervises two employees. Worker B, who is diem and transportation expenses (for similarly qualified and performs payment of business expenses for substantially the same job duties except for both workdays and non-workdays) at employee’s travel on employer’s rate(s) no lower than the rate(s) supervising other employees, is paid $8.00 business.) per hour because he/she has no supervisory prescribed for Federal Government 10. Appendix A to Subpart H— responsibility. employees on travel or temporary Guidance for Determination of the The compensation differential is assignment, as set out in 41 CFR Part ‘‘Actual Wage’’ is republished as acceptable because it is based upon a 301–7 and Ch. 301, App. A. follows: relevant distinction in job duties, (4) The employer’s placement(s) of H– responsibilities, and functions: the difference 1B nonimmigrant(s) at any worksite(s) Appendix A to Subpart H—Guidance in the supervisory responsibilities of the two in an area of employment not listed on for Determination of the ‘‘Actual Wage’’ employees. The actual wage in this occupation at the worksite for workers with the employer’s labor condition In determining the required wage rate, in application(s) shall be limited to a addition to obtaining the prevailing wage, the supervisory responsibility is $10.00 per hour; cumulative total of ninety workdays employer must establish the actual wage for the actual wage in this occupation at the within a three-year period, beginning on the occupation in which the H–1B worksite for workers without supervisory responsibility is $8.00 per hour. the first day on which the employer nonimmigrant is employed by the employer. For purposes of establishing its (2) Systems Analyst A has experience with placed an H–1B nonimmigrant at any a particular software which the employer is worksite within such area of compensation system for workers in an occupational category, an employer may take interested in purchasing, of which none of employment. For purposes of this into consideration objective standards the employer’s current employees have section, ‘‘workday’’ shall mean any day relating to experience, qualifications, knowledge. The employer buys the software on which one or more H–1B education, specific job responsibility and and hires Systems Analyst A on an H–1B visa nonimmigrants perform any work at any function, specialized knowledge, and other to train the other employees in its worksite(s) within the area of legitimate business factors. The use of any or application. The employer pays Systems employment. For example, one all these factors is at the discretion of the Analyst A more than its other Systems ‘‘workday’’ would be counted for a day employer. The employer must have and Analysts who are otherwise similarly document an objective system used to qualified. on which seven H–1B nonimmigrants The compensation differential is worked at three worksites within one determine the wages of non-H–1B workers, and apply that system to H–1B acceptable because of the distinction in the city, and one ‘‘workday’’ would be nonimmigrants as well. It is not sufficient for specialized knowledge and the job duties of counted for a day on which one H–1B the employer simply to calculate an average the employees. Systems Analyst A, in nonimmigrant worked at one worksite wage of all non–H–1B employees in an addition to the qualifications and duties within a city. The employer may rotate occupation; the actual wage is not an normally associated with this occupation at such workers into worksites within such ‘‘average wage’’. the employer’s worksite, is also specially area of employment or may maintain a The documents explaining the system must knowledgeable and responsible for training constant work force. However, on the be maintained in the public disclosure file. the employer’s other Systems Analysts in a The explanation of the compensation system new software package. As a result, Systems first day after the accumulation of 90 Analyst A commands a higher actual wage. workdays, the employer shall not have must be sufficiently detailed to enable a third party to apply the system to arrive at the However, if the employer employs other any such H–1B nonimmigrant(s) at any actual wage rate computed by the employer similarly qualified systems analysts who also worksite(s) within such area of for any H–1B nonimmigrant. The have unique knowledge and perform similar employment not included on a certified computation of the H–1B nonimmigrant’s duties in training other analysts in their area LCA. individual actual wage rate must be of expertise, the actual wage for Systems (c) At the accumulation of the 90 documented in the H–1B nonimmigrant’s Analyst A would have to be at least workdays described in paragraph (b)(4) personnel file. equivalent to the actual wage paid to such of this section, the employer shall have Assuming the actual wage is higher than similarly employed analysts. ended its placement of all H–1B the prevailing wage and thus is the required (3) An employer seeks a scientist to conduct AIDS research in the employer’s nonimmigrant(s) at any worksite(s) wage rate, if an employer gives its employees a raise at year’s end or if the system provides laboratory. Research Assistants A (a U.S. within the area of employment not for other adjustments in wages, H–1B worker) and B (an H–1B nonimmigrant) both listed on the labor condition nonimmigrants must also be given the raise hold Ph.D’s in the requisite field(s) of study application, or shall have filed and (consistent with legitimate employer- and have the same number of years of received a certified labor condition established criteria such as level of experience in AIDS research. However, 55348 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules
Research Assistant A’s experience is on the prevailing wage. The latter situation is an DEPARTMENT OF JUSTICE cutting edge of a breakthrough in the field example of an illegitimate business factor, and his/her work history is distinguished by i.e., a system to maintain salary parity with Drug Enforcement Administration frequent praise and recognition in writing peers in the country of origin, which yields and through awards. Research Assistant B a wage below the required wage levels. 21 CFR Parts 1309, 1310, and 1313 (the nonimmigrant) has a respectable work history but has not conducted research which 11. In § lll.840, paragraph (c) is [DEA±138P] has been internationally recognized. republished as follows: RIN 1117±AA32 Employer pays Research Assistant A $10,000 per year more than Research Assistant B in § lll.840 Decision and order of Removal of Exemption for Certain recognition of his/her unparalleled expertise administrative law judge. and accomplishments. The employer now Pseudoephedrine Products Marketed wants to hire a third Research Assistant on * * * * * Under the Food, Drug, and Cosmetic Act (FD&C Act) an H–1B visa to participate in the work. (c) In the event that the The differential between the salary paid Research Assistant A (the U.S. worker) and Administrator’s determination(s) of AGENCY: Drug Enforcement Research Assistant B (an H–1B wage violation(s) and computation of Administration (DEA), Justice. nonimmigrant) is acceptable because it is back wages are based upon a wage ACTION: Proposed rule. based upon the specialized knowledge, determination obtained by the expertise and experience of Research Administrator from ETA during the SUMMARY: This proposed rule is issued Assistant A, demonstrated in writing. The investigation (pursuant to by the Deputy Administrator of the Drug employer is not required to pay Research § lll.731(d) of this part), and the Enforcement Administration (DEA) to Assistant B the same wage rate as that paid remove the exemption for certain Research Assistant A, even though they may administrative law judge determines that the Administrator’s request was not products containing pseudoephedrine have the same job titles. The actual wage (which are lawfully marketed under the required for the third Research Assistant, to warranted (under the standards in Federal Food, Drug, and Cosmetic Act) be hired on an H–1B visa, would be the wage § lll.731(d) of this part), the from the chemical control provisions of paid to Research Assistant B unless he/she administrative law judge shall remand the Controlled Substances Act (CSA) has internationally recognized expertise the matter to the Administrator for similar to that of Research Assistant A. As set and the Controlled Substances Import out in § lll.731(1)(A) the employer must further proceedings on the issue(s) of and Export Act. Due to the large scale have and document the system used in the existence of wage violation(s) and/ utilization of over-the-counter (OTC) determining the actual wage of H–1B or the amount(s) of back waged owed. pseudoephedrine products for the nonimmigrants. The explanation of the If there is no such determination and clandestine manufacture of controlled system must be such that a third party may remand by the administrative law judge, substances, the DEA has determined use the system to arrive at the actual wage the administrative law judge shall paid the H–1B nonimmigrant. that certain products should be subject (4) Employer located in City X seeks accept such wage determination as to recordkeeping, reporting, registration experienced mechanical engineers. In City X, accurate. Such wage determination is and notification requirements of the the prevailing wage for such engineers is one made by ETA, from which the CSA to prevent their diversion. Such $49,500 annually. In setting the salaries of employer did not file a timely complaint products include OTC tablets, capsules U.S. workers, employer pays its through the Employment Service and powder packets containing nonsupervisory mechanical engineers with 5 complaint system or from which the pseudoephedrine alone or in to 10 years of experience between $50,000 employer has appealed through the ES combination with antihistamines, and $75,000 per year, using defined pay scale quaifenesin or dextromethorphan. This ‘‘steps’’ tied to experience. Employer hires complaint system and a final decision engineers A, B, and C, who each have five therein has been issued. See action also proposes that the threshold years of experience and similar qualifications § lll.731 of this part; see also 20 CFR for pseudoephedrine be reduced to 24.0 and will perform substantially the same 658.420 through 658.426. Under no grams pseudoephedrine base. Such a nonsupervisory job duties. Engineer A is circumstances shall the administrative threshold is sufficient to permit the from Japan, where he/she earns the law judge determine the validity of the purchase of up to a 120 day supply of equivalent of $80,000 per year. Engineer B is pseudoephedrine without the from France and had been earning the wage determination or require source data obtained in confidence by ETA or application of regulatory requirements. equivalent of $50,000 per year. Engineer C is To further ensure the availability of the SESA, or the names of from India and had been earning the pseudoephedrine products to legitimate equivalent of $20,000 per year. Employer establishments contacted by ETA or the pays Engineer A $80,000 per year, Engineer consumers at the retail level, this action SESA, to be submitted into evidence or also proposes to waive the registration B $50,000, and Engineer C $20,000 as the otherwise disclosed. employer has had a long-established system requirement for retail distributors of of maintaining the home-country pay levels * * * * * regulated pseudoephedrine products. of temporary foreign workers. [FR Doc. 95–26921 Filed 10–30–95; 8:45 am] DATES: Written comments and The INA requires that the employer pay the BILLING CODE 4510±27±M objections must be received by January H–1B nonimmigrant at least the actual wage 2, 1996. or the prevailing wage, whichever is greater, but there is no prohibition against paying an FOR FURTHER INFORMATION CONTACT: H–1B nonimmigrant a greater wage. Howard McClain Jr., Chief, Drug and Therefore, Engineer A may lawfully be paid Chemical Evaluation Section, Office of the $80,000 per year. Engineer B’s salary of Diversion Control, Drug Enforcement $50,000 is acceptable, since this is the Administration, Washington, D.C. employer’s actual wage for an engineer with 20537. Telephone (202) 307–7183. Engineer B’s experience and duties. Engineer C’s salary, however, at a rate of $20,000 per SUPPLEMENTARY INFORMATION: year, is unacceptable under the law, even Background given the employer’s ‘‘long-established ‘home country’ system,’’ since $20,000 would be The Chemical Diversion and below both the actual wage and the Trafficking Act (PL 100–690) (CDTA) Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules 55349 amended the Controlled Substances Act substance. In addition, the DCDCA Administrator has determined that some and the Controlled Substances Import imposed registration requirements for of these products should be subject to and Export Act, and was passed by List I chemical handlers. recordkeeping, reporting, registration Congress to control the diversion of The CDTA established a system of and notification requirements of the certain chemicals (herein referred to as thresholds for each listed chemical to Controlled Substances Act and the listed chemicals) that are necessary for determine which transactions would be Controlled Substances Import and the illicit production of controlled subject to regulatory controls. Reporting, Export Act, in order to prevent their substances. The CDTA and its recordkeeping and notification diversion. This action proposes to implementing regulations as set forth in requirements apply to all regulated remove the exemption for certain OTC Title 21, Code of Federal Regulations transactions which meet or exceed these products containing pseudoephedrine. (21 CFR), parts 1310 and 1313, threshold amounts of a listed chemical. These pseudoephedrine products shall established a system of recordkeeping The threshold for ephedrine was therefore be subject to regulatory and reporting requirements through originally established as 1.0 kilogram for provisions of the CSA. which DEA and the chemical industry domestic, import and export Removal of Exemption could identify persons seeking to divert transactions. The threshold of 1.0 listed chemicals for the manufacture of kilogram of ephedrine base is equivalent 21 U.S.C. 814(a) provides that the illicit drugs. While bulk ephedrine and to greater than 48,800 ephedrine 25 mg Attorney General may remove from pseudoephedrine were regulated under dosage units. Even though the dosage exemption under 21 U.S.C. the CDTA, ephedrine and form exemption was eliminated by the 802(39)(A)(iv) any drug or group of pseudoephedrine products which are DCDCA, a 1.0 kilogram threshold was drugs that the Attorney General finds is lawfully marketed or distributed under not adequate to prevent the significant being diverted to obtain a listed the Federal Food, Drug, and Cosmetic diversion of ephedrine to clandestine chemical for use in the illicit production Act (FD&C Act), were originally exempt laboratories in the United States. of a controlled substance. 21 U.S.C. from CDTA regulations. Given evidence of the large-scale 814(b) further provides that in removing Since 1989, ephedrine has been the diversion of ephedrine from various the exemption for a drug or group of primary precursor used in the types of outlets and the public health drugs, the Attorney General shall clandestine synthesis of threat imposed by the diversion of these consider (1) the scope, duration, and methamphetamine in the United States. products, the DEA determined that significance of the diversion, (2) Clandestine laboratory operators have additional action was needed to prevent whether the drug or group of drugs is exploited the lack of controls on OTC further diversion. Effective November formulated in such a way that it cannot ephedrine products (such as tablets/ 10, 1994 (59 FR 51365) the DEA be easily used in the illicit production capsules) to purchase millions of dosage eliminated the threshold for ephedrine. of a controlled substance and (3) units for the synthesis of Subsequently, all regulated transactions whether the listed chemical can be methamphetamine and methcathinone. of ephedrine became subject to readily recovered from the drug or The Domestic Chemical Diversion reporting, recordkeeping and group of drugs. A summary analysis of Control Act (DCDCA) of 1993 (Public notification requirements of the CSA these factors follows. Law 103–200) became effective on April regardless of size. Methamphetamine is the most 16, 1994. This Act further amended the In response to regulatory and other prevalent controlled substance Controlled Substances Act and the actions taken against single-entity clandestinely synthesized in the United Controlled Substances Import and ephedrine products, clandestine States. Between January 1, 1994 and Export Act and removed the exemption laboratory operators have again September 15, 1995 the DEA has been for those transactions involving attempted to circumvent CSA chemical involved in the domestic seizure of 453 products which are marketed or controls in an effort to obtain precursor methamphetamine laboratories. distributed lawfully in the U.S. under material. The search for unregulated Ephedrine and/or pseudoephedrine the Federal Food, Drug, and Cosmetic sources of precursor material has led to were utilized as the precursor material Act, if these products contain ephedrine the diversion and illicit utilization of at approximately 85 percent of these (or its salts, optical isomers, or salts of OTC ephedrine combination products laboratories. optical isomers) as the only active and OTC pseudoephedrine products. Evidence of the illicit utilization of medicinal ingredient or contain The DEA is currently reviewing the pseudoephedrine in clandestine ephedrine in combination with regulatory options which address the laboratories is increasing. The therapeutically insignificant quantities diversion of OTC ephedrine identification of OTC pseudoephedrine of another active medicinal ingredient. combination products. This issue will products at clandestine Thus single entity ephedrine products be addressed in the near future. methamphetamine laboratories became subject to reporting, Pseudoephedrine and ephedrine are increased dramatically in 1995. recordkeeping and notification related as diastereomers. Because of this Pseudoephedrine was utilized in at least requirements of the CSA. The DCDCA, structural relationship, 11 percent of the laboratories seized in however, did not remove the exemption pseudoephedrine can serve as a direct 1994 and 22 percent in 1995. The DEA provided for pseudoephedrine OTC substitute for ephedrine in the synthesis and local law enforcement have products, since the known illicit use of of methamphetamine. Clandestine intercepted and seized millions of pseudoephedrine was relatively laboratory operators are exploiting the pseudoephedrine dosage units from infrequent when the DCDCA was lack of regulatory controls on OTC mail order shipments destined for enacted. pseudoephedrine products by obtaining individuals for subsequent use in the The DCDCA also provided the pseudoephedrine for use as precursor illicit manufacture of Attorney General with the authority to material for the synthesis of methamphetamine. remove the exemption for any drug methamphetamine. Pseudoephedrine is available in a product containing a listed chemical Due to the significant increase in the variety of dosage forms either as single upon a determination that the drug utilization of pseudoephedrine products entity products or in combination with product is being diverted for use in the for the illicit manufacture of these one or more other active medicinal illicit production of a controlled controlled substances, the DEA Deputy ingredients. While the majority of OTC 55350 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules pseudoephedrine products currently Handbook of NonPrescription Drugs; pseudoephedrine at a level consistent used for the illicit production of Drug Facts and Comparisons (published with personal use. As such, individuals methamphetamine are single entity by Wolters Kluwer Company); or USP who purchase below-threshold products, some combination products DI (published by the authority of the quantities intended for legitimate have been identified at clandestine United States Pharmacopeial personal medical use, and retailers who laboratories. The DEA has reviewed the Convention, Inc.). For drug products sell below-threshold quantities for use various pseudoephedrine dosage forms having a formulation not found in the by individuals for legitimate personal and available combinations of above compendiums, the DEA medical use, will not be adversely ingredients. Some of these products are Administrator shall determine, pursuant impacted by these regulations. formulated in such a way that the to a written request as specified in The Food and Drug Administration product itself can be used in the illicit Section 1310.14, whether the active (FDA) has established a labeling production of methamphetamine; others medicinal ingredients are present in requirement which sets the maximum are formulated in such a way that quantities considered therapeutically adult daily dosage of pseudoephedrine pseudoephedrine can be readily significant for purposes of this at 60 mg every 6 hours or 240 mg per recovered from the product; and some of paragraph. day. A 120 day supply of these products are formulated in such a The exemption provided under 21 pseudoephedrine at the maximum daily way that the manufacture of CFR 1310.01(f)(1)(iv) will remain for recommended dose of 240 mg methamphetamine is impeded. Based liquids, syrups, and soft gelatin capsules pseudoephedrine hydrochloride per day on this analysis, the DEA has containing pseudoephedrine and any is equivalent to 28.8 gm of determined that OTC solid dosage form type of solid dosage form product which pseudoephedrine hydrochloride or 23.7 products (i.e. tablets, capsules and contains pseudoephedrine in gm pseudoephedrine base. Therefore, powder packets) lawfully marketed combination with therapeutically the DEA proposes to establish a under the Federal Food, Drug, and significant quantities of either threshold of 24.0 grams Cosmetic Act and which contain acetaminophen, aspirin or ibuprofen pseudoephedrine base. Such a threshold pseudoephedrine in combination with provided that the product is lawfully will allow the purchase and sale of up acetaminophen, aspirin or ibuprofen are marketed under the Food, Drug, and to 120 day supply of pseudoephedrine formulated in such a way that Cosmetic Act. In addition, the proposed for personal legitimate medical use, pseudoephedrine cannot be readily regulations allow pseudoephedrine without the application of regulatory recovered and these products are not prescription products, regardless of the requirements. This will allow continued easily used as precursors for the illicit product formulation, to remain exempt access to these products for legitimate production of methamphetamine. In from the proposed regulations, given use. existing distribution and dispensing addition, the DEA has determined that Waiver of Registration OTC liquids, syrups and soft gelatin requirements already imposed under the capsules, which are lawfully marketed Federal Food, Drug and Cosmetic Act. In an effort to ensure the continued under the Food, Drug, and Cosmetic Act Pursuant to 21 U.S.C. 814(c), the DEA availability of pseudoephedrine and which contain pseudoephedrine has considered the evidence of products for legitimate personal use at either as the sole active ingredient or in diversion of the above listed the retail level, the DEA also proposes combination with other active pseudoephedrine products, the pattern a waiver from registration for any retail ingredients, are formulated in such a of diversion of ephedrine products, distributor of regulated way that the pseudoephedrine cannot be including combination products and pseudoephedrine products. The readily recovered and the products other relevant data, and has determined authority for providing a waiver is cannot be easily used in the illicit that the affected group of clearly set forth in 21 U.S.C. Section production of methamphetamine. pseudoephedrine products is limited to 822(d) whereby ‘‘The Attorney General Thus the DEA is proposing to remove that necessary to prevent the diversion may, by regulation, waive the the exemption under 21 CFR of pseudoephedrine products to illicit requirement for registration of certain 1310.01(f)(1)(iv) for OTC solid dosage methamphetamine laboratories. manufacturers, distributors, or dispensers if he finds it consistent with form pseudoephedrine products (i.e. Revision of Threshold tablets, capsules and powder packets) the public health and safety.’’ lawfully marketed under the Food, The current threshold for Therefore retail distributors (defined Drug, and Cosmetic Act, which do not pseudoephedrine is 1.0 kilogram for under 21 CFR 1309.02 as selling only contain therapeutically significant domestic, import and export personal use quantities to walk-in quantities of acetaminophen, aspirin or transactions. Even if the exemption for customers) of regulated ibuprofen. These products, which certain OTC pseudoephedrine products pseudoephedrine products would not be include tablets, capsules and powder is eliminated, a 1.0 kilogram threshold required to obtain a DEA registration for packets containing pseudoephedrine as is not adequate to prevent the such transactions. the sole active ingredient or in significant diversion of these As discussed later, it is estimated that combination with one or more active pseudoephedrine products to there are approximately 750,000 retail indgredients such as antihistamines, clandestine laboratories. The threshold distributors of pseudoephedrine in the guaifenesin or dextromethorphan, will of 1.0 kilogram of pseudoephedrine base U.S. Such a waiver would benefit the be subject to the regulatory is equivalent to greater than 20,000 vast majority of these distributors. Firms requirements of the CSA. pseudoephedrine HCl 60 mg dosage engaging in above-threshold For purposes of this paragraph, the units. Therefore, the DEA proposes to transactions of non-exempt term ‘‘therapeutically significant reduce the threshold for pseudoephedrine products, however, quantities’’ shall apply if the product pseudoephedrine. In order to ensure would not be retail distributors. formulation (i.e. the qualitative and that OTC pseudoephedrine products Therefore they would be required to quantitative composition of active remain available to those individuals obtain a DEA registration as a ingredients within the product) is listed who utilize these decongestants for distributor, maintain records as in current editions of the American legitimate medical purposes, the DEA specified in 21 CFR 1310.04 and report Pharmaceutical Association (APhA) proposes to establish the threshold for suspicious transactions as specified in Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules 55351
21 CFR 1310.05 notification most readily used for illicit purposes. distributors supplying this market in the requirement. In addition, all importers, The DEA believes that this approach U.S. exporters and other types of distributors provides effective protection against These firms are already CSA of non-exempt pseudoephedrine diversion while minimizing the burden registrants and as such would not need products would be required to register on industry. Thirdly, the proposed to obtain a separate registration under with the DEA and would be subject to regulations allow for the purchase and the proposed regulations (21 CFR the full regulatory provisions of the sale of up to a 120 day supply of 1309.25). In addition, the impact upon Controlled Substances Act and the pseudoephedrine for personal legitimate these full-line distributors will be Controlled Substances Import and medical use, without the application of minimized since, pursuant to Export Act. regulatory requirements. 1310.06(b), normal business records The clandestine manufacture and The DEA has consulted with the shall be considered adequate if they abuse of methamphetamine are serious National Wholesale Druggists contain the information required in 21 national public health problems which Association (NWDA) in an effort to CFR 1310.06(a) and are readily require Federal action. Companies determine the potential size of the retrievable from other business records. operating on the fringe of legitimate impacted industry. According to NWDA The NWDA was unable to provide commerce are supplying these sources, there are approximately estimates of the percentage of the over- clandestine laboratories. In an effort to 750,000 retail distributors in the U.S. the-counter market supplied by these minimize the impact of the proposed which sell over-the-counter full-line distributors but informed DEA regulations on the legitimate industry, pseudoephedrine products. of the existence of other smaller wholesale distributors who only the DEA has examined various options In addition, the DEA has met with the distribute over-the-counter available. Nonprescription Drug Manufacturers The DEA is aware of the large scale pseudoephedrine products. These Association (NDMA) regarding the U.S. legitimate use of OTC pseudoephedrine wholesale distributors will be impacted pseudoephedrine market and to obtain products and their widespread by the proposed regulations since they input on the distribution of distribution at retail outlets. However, will be required to register with the DEA pseudoephedrine for legitimate medical the DEA believes that the registration, and ensure that records maintained are use. NDMA has further confirmed that recordkeeping, reporting and adequate to meet the requirements there are approximately 750,000 retail notification requirements that have been under Section 1310.06. successfully used to limit the diversion distributors of over-the-counter In addition to contact with the of other chemicals to clandestine products in the U.S. NDMA, which industry associations, the DEA has laboratories are needed to control this stated that its members account for the contacted the National Association of problem. manufacture of over 90 percent of the Boards of Pharmacy and individual The DEA has determined that over-the-counter drugs marketed State Boards of Pharmacy in an attempt approximately 750,000 retail domestically, informed DEA that to quantify the number of these distributors and an undetermined member companies primarily distribute distributors currently operating in the number of other distributors would be pseudoephedrine in package sizes U.S. which will be impacted by these impacted if pseudoephedrine products ranging from 10 to 60 solid dosage units regulations. The DEA has not been were made subject to the full extent of per package. In an effort to reduce the successful in quantifying the number of the CSA chemical regulatory provisions. adverse impact upon those who sell and these firms operating in the U.S. or in However, in recognizing the need to purchase pseudoephedrine products at finding a professional association which limit the regulatory burden on handlers the retail level, the DEA ensured that represents these business entities. of pseudoephedrine products to the the proposed threshold was well above However, the State of Idaho licenses all minimum level necessary to prevent the the standard package size manufactured business entities which distribute over- large scale diversion of these products by NDMA members and distributed by the-counter products into or within the for clandestine use, the DEA has taken retail distributors. The proposed state. The Idaho Board of Pharmacy significant steps to minimize the burden threshold of 24.0 grams indicated that the majority of the on the 750,000 retailers who sell these pssudoephedrine base is equivalent to distributors are actually outside of Idaho pseudoephedrine products. 488 pseudoephedrine hydrochloride 60 and that only 418 distributors are First, given the large number of retail mg dosage units. licensed to distribute drug products into distributors who handle these products The primary impact of the proposed Idaho. in the United States, the DEA has regulations will be upon those entities The DEA has attempted to limit the proposed that relief be provided by not classified as retail distributors. Such regulatory burden on pseudoephedrine providing a waiver from registration for entities include mail-order distributors handlers. The proposed regulations these distributors. Thus, the proposed and wholesale distributors. The DEA include provisions which ensure that regulations primarily impact has attempted to quantify the number of the 750,000 retailers of distributors who are not classified as these distributors in the U.S. The pseudoephedrine will not be adversely retail distributors. These distributors NWDA informed the DEA that its 1993 impacted. These 750,000 retail include mail-order and wholesale Operating Survey indicated that 70 full- distributors will not be required to distributors. The DEA has attempted to line drug wholesalers (who distribute register or maintain records unless they identify the number of firms which will both prescription and over-the-counter engage in transactions of a limited group be impacted by these regulations. This products) distributed nearly 80 percent of pseudoephedrine products in review included consultation with of the prescription drugs in the U.S. in quantities which exceed a 120 day industry associations and other Federal 1993. These full-line drug wholesalers supply. Therefore the vast majority of and local government agencies. These operated approximately 230 distribution retail distributors will not be impacted entities were only able to identify a centers. Current information provided by these regulations. limited number of newly affected firms. by NWDA indicates that due to While other types of distributors will Secondly, the DEA has limited consolidation within the drug wholesale be subject to the proposed regulatory controls to a specific group of products industry, there are currently only controls, the DEA ( in consultation with which have been demonstrated to be approximately 50 full-line wholesale industry associations and other 55352 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules government agencies) has been able to pseudoephedrine that is regulated Pharmacopeial Convention, Inc.); or the identify only a limited number of these pursuant to Section product is not listed in Section 1310.15 newly affected firms. The DEA 1310.01(f)(1)(iv)(A)(2). The term retail as an exempt drug product. For drug welcomes any information regarding the distributor, as defined in Section products having formulations not found number of entities affected. 1309.02(g), means a distributor whose in the above compendiums, the The Attorney General has delegated List I chemical activities are restricted to Administrator shall determine, pursuant authority under the CSA and all the sale of drug products that are to a written request as specified in subsequent amendments to the CSA to regulated as List I chemicals pursuant to Section 1310.14, whether the active the Administrator of the DEA (28 CFR Section 1310.01(f)(1)(iv), directly to medicinal ingredients are present in 0.100). The Administrator, in turn, has walk-in customers for personal use. For quantities considered therapeutically redelegated this authority to the Deputy purposes of this paragraph, sale for significant for purposes of this Administrator pursuant to 28 CFR personal use means the sale of below- paragraph; or 0.104. threshold quantities in a single (2) The drug is an over-the-counter The Deputy Administrator has transaction to an individual for (OTC) solid dosage form product (tablet, reviewed this regulation and by legitimate medical use. (The threshold capsule or powder packet) which approving it certifies that this regulation of 24.0 grams pseudoephedrine base is contains pseudoephedrine or its salts, will not have a significant economic equivalent to 488 pseudoephedrine optical isomers, or salts of optical impact on a substantial number of small hydrochloride 60 mg dosage units.) isomers but does not contain either entities. 3. Section 1309.71 is proposed to be acetaminophen, aspirin or ibuprofen in This proposed rule has been reviewed amended by revising paragraph (a)(2) to therapeutically significant quantities. pursuant to the principles of Executive read as follows: For purposes of this paragraph, the Order 12866. It has been determined quantities of either acetaminophen, that the proposed rule is not significant § 1309.71 General security requirements. aspirin or ibuprofen present in a regulatory action and therefore has not * * * * * pseudoephedrine drug product shall be been reviewed by the Office of (a) * * * considered to be present in Management and Budget pursuant to (2) In retail settings open to the public ‘‘therapeutically significant quantities’’ Executive Order 12866. where drugs containing List I chemicals This proposed action has been that are regulated pursuant to Section if the product formulation (i.e. the analyzed in accordance with the 1310.01(f)(1)(iv)(A)(1) are distributed, qualitative and quantitative composition principles and criteria in E.O. 12612, such drugs will be stocked behind a of active ingredients within the product) and it has been determined that the counter where only employees have is listed in current editions of the proposed rule does not have sufficient access. American Pharmacoutical Association (APhA) Handbook of NonPrescription federalism implications to warrant the * * * * * preparation of a Federalism Assessment. Drugs; Drug Facts and Comparisons PART 1310Ð[AMENDED] (published by Wolters Kluwer List of Subjects Company); or USP DI (published by the 1. The authority citation for Part 1310 21 CFR Part 1309 authority of the United States continues to read as follows: Pharmacopeial Convention, Inc.); or the Administrative practice and Authority: 21 U.S.C. 802, 830, 871(b). product is listed in Section 1310.15 as procedure, Drug traffic control, Security an exempt drug product. For drug measures, List I and List II chemicals. 2. Section 1310.01 is proposed to be amended by revising paragraph products having a formulation not 21 CFR Part 1310 (f)(1)(iv)(A) to read as follows: found in the above compendiums, the Administrator shall determine, pursuant Drug traffic control, Reporting and § 1310.01 Definitions. to a written request as specified in recordkeeping requirements, List I and Section 1310.14, whether the active List II chemicals. * * * * * (f) * * * medicinal ingredients (acetaminophen, 21 CFR Part 1313 (1) * * * aspirin or ibuprofen) are present in Drug traffic control, Imports, Exports, (iv) * * * quantities considered therapeutically Transshipment and in-transit (A)(1) The drug contains ephedrine or significant for purposes of this shipments, List I and List II chemicals. its salts, optical isomers, or salts of paragraph; or optical isomers as the only active For reasons as set out above, 21 CFR * * * * * medicinal ingredient or contains Parts 1309, 1310 and 1313 are proposed ephedrine or its salts, optical isomers, or 3. Section 1310.04 is proposed to be to be amended as follows: salts of optical isomers and amended by revising paragraph (f)(1)(x) to read as follows: PART 1309Ð[AMENDED] therapeutically insignificant quantities of another active medicinal ingredient. § 1310.04 Maintenance of records. 1. The authority citation for Part 1309 For purposes of this paragraph, the term * * * * * continues to read as follows: ‘‘therapeutically insignificant (f) * * * Authority: 21 U.S.C. 821, 822, 823, 824, quantities’’ shall apply if the product 830, 871(b), 875, 877, 958. formulation (i.e., the qualitative and (1) List I Chemicals: 2. Section 1309 is proposed to be quantitative composition of active Threshold amended by adding a new paragraph ingredients within the product) is not listed in current editions of the Chemical by base 1309.28 to read as follows: weight American Pharmaceutical Association § 1309.28 Exemption of retail distributors (APhA) Handbook of NonPrescription (x) Pseudoephedrine, its salts, 24 grams. of certain pseudoephedrine products. Drugs; Drug Facts and Comparisons optical isomers and salts of The requirement of registration is (published by Wolters Kluwer optical isomers. waived for any retail distributor, for the Company); or USP DI (published by the distribution of any product containing authority of the United States * * * * * Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules 55353
4. Section 1310.14 is proposed to be EXEMPT DRUG PRODUCTS CONTAINING optical isomers, or salts of optical amended by revising the heading and by EPHEDRINE IN COMBINATION WITH isomers, but does not contain either revising paragraph (a) to read as follows: THERAPEUTICALLY SIGNIFICANT acetaminophen, aspirin or ibuprofen in QUANTITIES OF ANOTHER ACTIVE therapeutically significant quantities. § 1310.14 Exemption of certain ephedrine For purposes of this paragraph, the MEDICINAL INGREDIENT AND EXEMPT or pseudoephedrine combination drug quantities of either acetaminophen, products. DRUG PRODUCTS CONTAINING aspirin or ibuprofen present in a PSEUDOEPHEDRINE IN COMBINATION (a) Any manufacturer of a drug pseudoephedrine drug product shall be product containing ephedrine in WITH THERAPEUTICALLY SIGNIFI- considered to be present in combination with another active CANT QUANTITIES OF ‘‘therapeutically significant quantities’’ medicinal ingredient, the product ACETAMINOPHEN, ASPIRIN OR if the product formulation (i.e. the formulation of which is not listed in the IBUPROFEN qualitative and quantitative composition compendiums set forth in Section of the active ingredients within the Product product) is listed in current editions of 1310.01(f)(1)(iv)(A)(1), or any Supplier name Form Date manufacturer of a drug product the American Pharmaceutical Association (APhA) Handbook of containing pseudoephedrine in [Reserved] ...... NonPrescription Drugs; Drug Facts and combination with acetaminophen, Comparisons (published by Wolters aspirin or ibuprofen, the product PART 1313Ð[AMENDED] Kluwer Company); or USP DI formulation of which is not listed in the (published by the authority of the compendiums set forth in Section 1. The authority citation for Part 1313 continues to read as follows: United States Pharmacopeial 1310.01(f)(1)(iv)(A)(2), may request that Convention, Inc.); or the product is the Administrator exempt the product Authority: 21 U.S.C. 802, 830, 871(b), 971. listed in Section 1310.15 as an exempt as one which contains ephedrine 2. Section 1313.02 is proposed to be drug product. For drug products having together with therapeutically significant amended by revising paragraph a formulation not found in the above quantities of the other active medicinal (d)(1)(iv)(A) to read as follows: compendiums, the Administrator shall ingredients or pseudoephedrine in determine, pursuant to a written request § 1313.02 Definitions. combination with therapeutically as specified in Section 1310.14, whether significant quantities of acetaminophen, * * * * * the active medicinal ingredients aspirin or ibuprofen. (d) * * * (acetaminophen, aspirin or ibuprofen) (1) * * * * * * * * (iv) * * * are present in quantities considered (A)(1) The drug contains ephedrine or therapeutically significant for purposes 5. Section 1310.15 is proposed to be of this paragraph; or amended by revising the heading, by its salts, optical isomers, or salts of optical isomers as the only active * * * * * revising paragraph (a), and by revising Dated: October 25, 1995. paragraph (d) to read as follows: medicinal ingredient or contains ephedrine or its salts, optical isomers, or Stephen H. Greene, § 1310.15 Exempt combination drug salts of optical isomers and Deputy Administrator. products containing ephedrine or therapeutically insignificant quantities [FR Doc. 95–26890 Filed 10–30–95; 8:45 am] pseudoephedrine. of another active medicinal ingredient. BILLING CODE 4410±09±M For purposes of this paragraph, the term (a) The drug products containing ‘‘therapeutically insignificant ephedrine in combination with quantities’’ shall apply if the product DEPARTMENT OF LABOR therapeutically significant quantities of formulation (i.e. the qualitative and another active medicinal ingredient, or quantitative composition of active Mine Safety and Health Administration pseudoephedrine in combination with ingredients within the product) is not therapeutically significant quantities of listed in current editions of the 30 CFR Parts 14, 18, and 75 acetaminophen, aspirin, or ibuprofen; American Pharmaceutical Association listed in paragraph (e) of this section, (APhA) Handbook of NonPrescription RIN 1219±AA92 have been exempted by the Drugs; Drug Facts and Comparisons Requirements for Approval of Flame- Administrator from application of (published by Wolters Kluwer Resistant Conveyor Belts sections 302, 303, 310, 1007, and 1008 Company); or USP DI (published by the of the Act (21 U.S.C. 822–3, 830, and authority of the United States AGENCY: Mine Safety and Health 957–8) to the extent described in Pharmacopeial Convention, Inc.); or the Administration, Labor. paragraphs (b), (c), and (d) of this product is not listed in Section 1310.15 ACTION: Proposed rule; reopening of the section. as an exempt drug product. For drug record; request for public comment. * * * * * products having formulations not found in the above compendiums, the SUMMARY: The Mine Safety and Health (d) In addition to the drug products Administrator shall determine, pursuant Administration (MSHA) is reopening listed in the compendium set forth in to a written request as specified in the rulemaking record to receive Section 1310.01(f)(1)(iv)(A)(1) and Section 1310.14, whether the active additional test data, technical 1310.01(f)(1)(iv)(A)(2), the following medicinal ingredients are present in information, and further comment on drug products, in the form and quantity quantities considered therapeutically proposed revisions to its regulations for listed in the application submitted significant for purposes of this the approval of flame-resistant conveyor (indicated as the ‘‘date’’) are designated paragraph; or belts for use in underground coal mines. as exempt drug products for the (2) The drug is an over-the-counter After the close of the public record, purposes set forth in this section: (OTC) solid dosage form product (tablet, some commenters indicated to MSHA capsule or powder packet) which that they had obtained or would be contains pseudoephedrine or its salts, obtaining flame test data and technical 55354 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules information which MSHA should period, the United Mine Workers of oxygenated fuel program and revisions review and evaluate. This new America (UMWA) and the Bituminous for both CO nonattainment areas. information is relevant to MSHA’s Coal Operators’ Association (BCOA) In the Final Rules Section of this proposed rule and the Agency’s jointly submitted 10 questions to Federal Register, EPA is approving the technical assessment of other MSHA. MSHA’s response is being CO emissions inventory for both areas flammability test data. Also, MSHA has placed in the rulemaking record and is and the oxygenated fuels program only placed the Agency’s response to available to the public from MSHA, as it applies to the Hartford/New questions from certain commenters in Office of Standards, Regulations, and Britain/Middletown nonattainment area the rulemaking record for public review. Variances. as a direct final rule. In addition, EPA DATES: Written material and comments MSHA is reopening the record for 45 is also approving Connecticut’s must be submitted by December 15, days to provide all interested parties an redesignation, as a direct final rule 1995. opportunity to review the record and to without prior proposal. A detailed ADDRESSES: Send written comments to submit additional data, test results, and rationale for the action is set forth in the MSHA; Office of Standards, technical information. MSHA direct final rule. If no adverse comments Regulations, and Variances; 4015 encourages all interested parties to are received in response to that direct Wilson Boulevard, Room 631; submit comments prior to the close of final rule, no further activity is Arlington, VA 22203. Commenters are the record. contemplated in relation to this encouraged to submit comments on a Dated: October 18, 1995. proposed rule. If EPA receives adverse comments, the direct final rule will be computer disk along with a hard copy. J. Davitt McAteer, FOR FURTHER INFORMATION CONTACT: withdrawn and all public comments Assistant Secretary for Mine Safety and received will be addressed in a Patricia W. Silvey, Director; Office of Health. subsequent final rule based on this Standards, Regulations, and Variances; [FR Doc. 95–26373 Filed 10–24–95; 8:45 am] 703–235–1910. proposed rule. EPA will not institute a BILLING CODE 4510±43±P second comment period on this SUPPLEMENTARY INFORMATION: document. Any parties interested in I. Background commenting on this document should do so at this time. On December 24, 1992, MSHA ENVIRONMENTAL PROTECTION DATES: published a proposed rule (57 FR AGENCY Comments must be submitted by November 30, 1995. 61524) to implement new procedures 40 CFR Part 52 and requirements for testing and ADDRESSES: Written comments should be sent to Damien Houlihan, at the EPA approval of flame-resistant conveyor [FRL±5296±6] belts and requirements for their use in Regional Office listed below. Copies of the redesignation request and the State underground coal mines. The proposed Approval and Promulgation of of Connecticut’s submittal are available revision would replace the existing Implementation Plans and Designation for public review during normal flame test for acceptance of flame- of Areas for Air Quality Planning business hours at the addresses listed resistant belts specified in Agency Purposes; State of Connecticut regulations. The comment period on the below. proposed rule closed on March 26, AGENCY: Environmental Protection Air and Radiation Docket and 1993. Several commenters requested Agency (EPA). Information Center, U.S. Environmental that the Agency hold a public hearing ACTION: Proposed rule. Protection Agency, 401 M Street, SW., on its proposal. The comment period on Washington, DC 20460, and; the proposed rule was reopened until SUMMARY: The EPA proposes to approve Environmental Protection Agency, One April 21, 1995, and on May 2, 1995, the State Implementation Plan (SIP) Congress Street, Boston, MA 02203. MSHA held a public hearing in revision submitted by the State of FOR FURTHER INFORMATION CONTACT: Washington, PA (60 FR 16589, March Connecticut to redesignate the Hartford/ Damien Houlihan of the EPA Region I 31, 1995). The post-hearing comment New Britain/Middletown area from Air, Pesticides and Toxics Management period closed on June 5, 1995. nonattainment to attainment for carbon Division at (617) 565–3266. monoxide (CO). Under the Clean Air Dated: August 31, 1995. II. Issues Act as amended in 1990 (CAA), John P. DeVillars, Following the close of the post- designations can be revised if sufficient Regional Administrator, Region I. hearing comment period, a data is available to warrant such manufacturer indicated that additional revisions. [FR Doc. 95–26962 Filed 10–30–95; 8:45 am] flammability testing of conveyor belts In addition, EPA is approving two BILLING CODE 6560±50±P was scheduled using the Factory Mutual related State Implementation Plan (SIP) conveyor belt flammability test (FM test) submissions by Connecticut DEP. On 40 CFR Part 52 and invited MSHA to witness that January 12, 1993, Connecticut DEP testing. To avoid participation in testing submitted a final 1990 base year [CA 162±1±7250b; FRL±5321±2] where all parties to the rulemaking were emission inventory for CO emissions, not invited, and because the record was which includes emissions data for all Approval and Promulgation of State closed, MSHA neither witnessed these sources of CO in Connecticut’s two CO Implementation Plans; California State tests nor received the results of this nonattainment areas (the Hartford/New Implementation Plan Revision, South testing. Another manufacturer also Britain/Middletown area and the Coast Air Quality Management District requested that MSHA accept additional Connecticut portion of the New York/ and Santa Barbara County Air flammability test data generated from New Jersey/Connecticut Consolidated Pollution Control District the FM test that were not available Metropolitan Statistical Area (CMSA). AGENCY: Environmental Protection during the comment period. On January 12, 1993, January 14, 1993, Agency (EPA). Also, in the comments submitted September 30, 1994 and August 1, 1995, ACTION: Proposed rule. during the post hearing comment Connecticut DEP submitted an Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules 55355
SUMMARY: EPA is proposing to approve Division, U.S Environmental Protection submitted rules. If the District adopts revisions to the California State Agency, Region IX, 75 Hawthorne and submits rules which differ Implementation Plan (SIP) which Street, San Francisco, CA 94105, substantially from those contained in its concerns the control of volatile organic Telephone: (415) 744–1185. proposed revisions, then EPA will compound (VOC) emissions from SUPPLEMENTARY INFORMATION: This publish an additional notice of graphic arts and wood products coating document concerns South Coast Air proposed rulemaking for public review operations. Quality Management District’s Rules and comment. The intended effect of proposing 1130, Graphic Arts and 1136, Wood DATES: Comments on this proposed approval of these rules is to regulate Products Coating, submitted by the action must be received in writing by emissions of VOCs in accordance with California Air Resources Board on November 30, 1995. the requirements of the Clean Air Act, October 13, 1995. For further ADDRESSES: To submit comments or as amended in 1990 (CAA or the Act). information please see the information receive additional information, please In the Final Rules Section of this provided in the Direct Final action contact: Steve Ringer, Environmental Federal Register, the EPA is approving which is located in the Rules Section of Engineer, Air & Toxics Division (A–5– the state’s SIP revision as a direct final this Federal Register. 1), EPA Region 9, 75 Hawthorne Street, rule without prior proposal because the Authority: 42 U.S.C. 7401–7671q. San Francisco, CA 94105. Copies of Agency views this as a noncontroversial Dated: October 19, 1995. MDAQMD’s submittal and other revision amendment and anticipates no information are available for inspection John Wise, adverse comments. A detailed rationale during normal business hours at the Acting Regional Administrator. for this approval is set forth in the direct following locations: (1) EPA Region 9, final rule. If no adverse comments are [FR Doc. 95–26885 Filed 10–30–95; 8:45 am] 75 Hawthorne Street, San Francisco, received in response to this proposed BILLING CODE 6560±50±P CA; (2) Mojave Desert AQMD, 15428 rule, no further activity is contemplated Civic Drive, Suite 200, Victorville, CA in relation to this rule. If EPA receives 92932; (3) Air Resources Board, 2020 40 CFR Part 52 adverse comments, the direct final rule ‘‘L’’ Street, Sacramento, CA 95814. will be withdrawn and all public [CA 79±3±7211; AD±FRL±5322±1] FOR FURTHER INFORMATION CONTACT: comments received will be addressed in Steve Ringer at (415) 744–1260. a subsequent final rule based on this Clean Air Act Approval and SUPPLEMENTARY INFORMATION: The air proposed rule. The EPA will not Promulgation of New Source Review quality planning requirements for institute a second comment period on Implementation Plan for Mojave Desert nonattainment NSR are set out in Part this document. Any parties interested in Air Quality Management District D of Title I of the Act. EPA has issued commenting on this action should do so AGENCY: Environmental Protection a ‘‘General Preamble’’ describing EPA’s at this time. Agency (EPA). preliminary views on how EPA intends DATES: Comments on this proposed rule ACTION: Notice of proposed rulemaking. to review SIPs and SIP revisions must be received in writing by submitted under part D, including those November 30, 1995. SUMMARY: The EPA proposes to approve State submittals containing ADDRESSES: Written comments on this with a contingency, and disapprove in nonattainment NSR SIP requirements action should be addressed to: Daniel A. the alternative, Mojave Desert Air (see 57 FR 13498 (April 16, 1992) and Meer, Rulemaking Section (A–5–3), Air Quality Management District 57 FR 18070 (April 28, 1992)). Because and Toxics Division, U.S. (MDAQMD) rules 1301, 1302, 1304, EPA is describing its interpretations Environmental Protection Agency, 1305, 1306, 1307, 1308, 1310, 1311, and here only in broad terms, the reader Region 9, 75 Hawthorne Street, San 1312 (submitted rules) as a revision to should refer to the General Preamble for Francisco, CA 94105–3901. the California State Implementation a more detailed discussion. EPA is Copies of the rule revisions and EPA’s Plan (SIP). The State of California has currently developing proposed evaluation report of each rule are submitted these rules for the purpose of regulations to implement the changes available for public inspection at EPA’s meeting the new source review (NSR) under the 1990 Amendments in the NSR Region 9 office during normal business requirements of the Clean Air Act, as provisions in Parts C and D of Title I of hours. Copies of the submitted rule amended in 1990 (CAA or the Act) for the Act. EPA expects to propose these revisions are also available for areas that have not attained the national regulations sometime during 1995 or inspection at the following locations: ambient air quality standards (NAAQS). 1996. Upon promulgation of these Rulemaking Section (A–5–3), Air and The submitted rules contain a number regulations, EPA will review those NSR Toxics Division, U.S. Environmental of deficiencies that prevent EPA from SIP submittals on which it has taken Protection Agency, Region IX, 75 approving them as revisions to the SIP. final action to determine whether Hawthorne Street, San Francisco, CA However, MDAQMD has agreed to additional SIP revisions are necessary. 95105. correct these deficiencies, and has sent Environmental Protection Agency, Air draft rules (Initial Draft 3, 10/11/95— Procedural Background Docket (6102), 401 ‘‘M’’ Street, SW., hereafter: ‘‘proposed revisions’’) to EPA The Act requires States to observe Washington, DC 20460. which contain acceptable language. This certain procedural requirements in California Air Resources Board, proposed approval is therefore developing implementation plans and Stationary Source Divison, Rule contingent upon MDAQMD adopting plan revisions for submission to EPA. Evaluation Section, 2020 ‘‘L’’ Street, and submitting to EPA revised rules Section 110(a)(2) and section 110(l) of Sacramento, CA 95812–2815. which correct the deficiencies identified the Act provide that each South Coast Air Quality Management in this document before EPA implementation plan or revision to an District, 21865 E. Copley Drive, promulgates a final rulemaking on the implementation plan submitted by a Diamond Bar, CA 91765–4812. submitted rules. Should MDAQMD fail State must be adopted after reasonable FOR FURTHER INFORMATION CONTACT: to adopt and submit its proposed notice and public hearing. Section Daniel A. Meer, Chief Rulemaking revisions, then this document will serve 172(c)(7) of the Act provides that plan Section (A–5–3), Air and Toxics as a proposed disapproval of the provisions for nonattainment areas shall 55356 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules meet the applicable provisions of modifications. The submitted rules are submitted rules, however, define this as Section 110(a)(2). intended to replace the existing rules ‘‘any equipment or process which The MDAQMD Governing Board held 1301 through 1313, which were adopted undergoes a physical revision.’’ The a public hearing on September 22, 1993 into the San Bernardino SIP by EPA on rules should be changed to clarify that to entertain public comment on the NSR June 9, 1982. MDAQMD has adopted the term ‘‘Modification’’ refers to the implementation plan. The plan was these new regulations in part to meet change, rather than to the equipment adopted by the State and submitted to the 1990 CAA Amendments and the itself. EPA on March 29, 1994 as a proposed November 15, 1992 deadline for revision to the SIP. submittal. A summary of the changes Volatile Organic Compound The SIP revision was not reviewed by between the current SIP and the The definition of ‘‘Reactive Organic EPA within six months to determine submitted rules is contained in the Compound’’ in the submitted rules completeness, and was therefore Technical Support Document (TSD) for contains a list of substances exempt deemed complete by default. The this action. from regulation as ROC’s which is submittal has since been reviewed and MDAQMD is currently designated as inconsistent with the exemption list in found to be complete but lacking certain attainment or unclassifiable for CO, 40 CFR 51.100(s). This discrepancy requirements that would make it fully NO2, Pb, and SO2, and moderate should be corrected to avoid granting approvable. However, as noted above, nonattainment for PM10. In addition, ROC emission reduction credits, as well MDAQMD has agreed to make the part of the MDAQMD is designated as requiring ROC offsets, for non-ozone- required changes and has submitted severe nonattainment for ozone [40 CFR precursor emissions. The definition in draft versions of its rules which address 81.305]. The CAA requirements for 40 CFR 51.100(s) should be adopted the deficiencies described below. nonattainment NSR permitting are verbatim into this section. Therefore, contingent on the submittal found at sections 172 and 173. With of a fully approvable SIP in the form of certain exceptions, described below, Additional Definitions: approved rules consistent with the MDAQMD’s submittal satisfies these In addition to the changes indicated revised rules, EPA proposes to approve requirements. For a detailed description above, it is necessary to add the the MDAQMD’s nonattainment NSR SIP of how the submitted rules and following terms to this section: Begin submittal. If the District fails to correct MDAQMD’s proposed revisions meet Actual Construction, Commence the deficiencies in the submitted rules, the CAA requirements, refer to EPA’s Construction, Construction, Enforceable then EPA’s final action will be a TSD. (or Federally Enforceable), Net disapproval. If the District adopts and Emissions Increase, Secondary Rule Deficiencies Requiring Correction submits rules which differ substantially Emissions, and Significant. These from those contained in its proposed Below is a list of the deficiencies definitions should follow the language revisions, then EPA will publish an which must be corrected for EPA to found at 40 CFR 51.165. additional notice of proposed approve MDAQMD’s NSR rules into the rulemaking for public review and SIP. Rule 1306 comment. Rule 1302 Calculating Emissions Changes Summary of Rule Contents Actual Emissions This section uses a source’s pre- MDAQMD submitted to EPA for modification potential to emit (PTE), The definition of ‘‘Actual Emissions’’ rather than its pre-modification actual adoption into the applicable NSR SIP in the submitted rules should require Rules 1301, 1302, 1304, 1305, 1306, emissions, as the baseline for that emissions calculations reflect actual calculating the offset requirement for 1307, 1308, 1310, 1311, and 1312. These production rates, the actual amount of submitted rules constitute MDAQMD’s major modifications in nonattainment fuel burned, actual amounts of material areas. This method is not acceptable new source permitting regulations. Rule processed, and the actual hours of 1301 outlines the general requirements unless the source has already offset its operation over the two years prior to entire pre-modification PTE. The for preconstruction review of permit such a determination. Emission factors applications. Rule 1302 defines terms District must amend the rule to should be established by source testing calculate the offset requirement in this relating to new sources and or obtained from a reliable source of modifications to existing sources of air case as the source’s new PTE minus the emission factor data such as EPA’s AP– source’s pre-modification actual pollution, and their regulation. Rule 42. 1304 allows an exemption from NSR for emissions. a change of ownership. Rule 1305 Major Modification Rule 1307 describes the procedures for submittal The submitted rules do not contain and review of permit modifications. this definition. Although the submitted Determination of Offset Requirements Rule 1306 outlines calculation methods definition of ‘‘Modification’’ contains (Non-major Facility) for emissions increases and decreases, much of the language from the Section (B)(2)(a) overlooks the case in and for offset requirements. Rule 1307 definition of a major modification in 40 which a non-major facility undergoes a contains a description of which new CFR 51.165(a)(1)(v), the District must modification which is in itself major. In and modified sources require offsets. define a ‘‘Major Modification’’ as any this case, the entire modification must Rule 1308 outlines which sources are modification that results in a significant be offset, and not, as the rule states, only eligible to create offsets. Rule 1310 net emissions increase. the portion of the facility’s PTE which describes District requirements for exceeds the major source threshold. completeness determinations, final Modification action and public notice on a permit The definition of ‘‘Modification’’ in Obtaining Offsets submittal. Rule 1311 outlines the the submitted rules differs from the The submitted rules contain no requirements for electrical energy published definition in 40 CFR provision, pursuant to section 173 of the generating facilities. Rule 1312 contains 52.21(2)(i). The CFR defines a Act, which requires that offsets be an alternative siting analysis modification as a ‘‘physical change in or federally enforceable prior to the requirement for major new sources and change in the method of operation.’’ The issuance of an authority to construct Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules 55357 permit, and in effect by the time equal or higher nonattainment the disapproval before EPA is required operation commences. Such provisions classification, and (B) contribute to a to impose sanctions. If the MDAQMD must be added. violation of the NAAQS in the does not correct its SIP deficiencies nonattainment area in which the source within 18 months, then section 179(a)(4) Rule 1308 is located. requires the immediate application of Mobile Source Emission Reductions sanctions. According to section 179(b), Additional Requirements EPA has not developed mobile source sanctions can take the form of a loss of Surplus Requirement: The submitted emission reduction crediting guidance. highway funds or a two to one rules contain insufficient provisions to The rules should therefore include a emissions offset ratio. Once the ensure that all emission reduction case by case approval by EPA. Administrator applies one of the section credits (ERC’s) used to satisfy the 179(b) sanctions, the State will then Mobile Source Emission Reductions nonattainment offset requirements will have an additional six months to correct Section (A)(3)(b) allows emissions be surplus. These provisions must be any deficiencies. Section 179(a)(4) reduction credits to be generated by the added to MDAQMD’s NSR rules. requires that both highway and offsets ‘‘substitution and use of high occupancy Prior Shutdowns: The submitted rules sanctions must be applied if any vehicles for low occupancy vehicles.’’ do not prohibit the use of ‘‘prior deficiencies are still not corrected after Due to the extreme difficulty in shutdown’’ credits as required in 40 the additional six month period. quantifying these types of emissions CFR 51.165(a)(1)(xxv). This provision EPA is requesting comments on all reductions, and in making them applies either when the District aspects of this proposed rulemaking permanently enforceable, EPA cannot attainment plan has been disapproved, action. Comments received by the date approve this as a means of generating or when this plan is not yet due, but a indicated above will be considered in offsets. This provision should be due date during the creation of this plan EPA’s final action. removed from the District’s rules. is missed. In these cases, sources which seek ERC’s due to a shutdown must do Administrative Review Emission Reduction Credits From so at the time operation of the source Nothing in this action should be Vehicle Scrappage ceases. This provision must be added to construed as permitting, allowing, or In order for EPA to determine if the the District’s rules. establishing a precedent for any future offsets to be generated from a vehicle Class I Area Visibility Protection: The request for a revision to any SIP. Each scrappage program will be federally submitted rules lack the Class I Area request for revision to a SIP shall be approvable, the details of the program visibility protection provisions of 40 considered separately in light of specific must be submitted with this rule. CFR 51.307(b)(2) for any new major technical, economic, and environmental Section (A)(3)(c), which states that these source or major modification, proposing factors and in relation to relevant are a potential source of offsets, should to locate in a non-attainment area, that statutory and regulatory requirements. either include these details, or reference may have an impact on visibility in any Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA must prepare another section or rule which contains mandatory Class I Federal Area. This a regulatory flexibility analysis the details of the program. requirement must be added to the District’s rules. assessing the impact of any proposed or Interpollutant Offsets Applicability: The submitted rules final rule on small entities. 5 U.S.C. 603 The use of interpollutant trading to contain no provisions which require and 604. Alternatively, EPA may certify satisfy nonattainment offset NSR for a source or modification which that the rule will not have a significant requirements is generally allowable only becomes major due to a relaxation in a impact on a substantial number of small under very specific conditions. On April federally-enforceable limit. As described entities. Small entities include small 13, 1995, the Director of EPA Region 9’s in 40 CFR 51.165(a)(5)(ii), such sources businesses, small not-for-profit Air and Toxics Division sent a letter to and modifications are subject to NSR enterprises, and government entities MDAQMD outlining an acceptable ‘‘as though construction had not yet with jurisdiction over populations of method for the use of interpollutant commenced.’’ This requirement must be less than 50,000. trading. MDAQMD should either added to the District’s rules. SIP approvals under section 110 and subchapter I, part D of the Act do not incorporate this method into its NSR Proposed Action rules, or require case-by-case advance create any new requirements, but approval by EPA. EPA is proposing to approve with simply approve requirements that the contingencies, and to disapprove in the State is already imposing. Therefore, Source Eligibility alternative, the SIP revisions submitted because the Federal SIP-approval does Energy conservation projects could be by MDAQMD on March 29, 1994. Full not impose any new requirements, I an acceptable source of offsets, but a approval as a final action on this SIP certify that it does not have a significant definition should be included to clarify revision is contingent upon MDAQMD impact on any small entities affected. what is meant by these. Section (A)(4) making the required changes to the Moreover, due to the nature of the should also include a statement that submitted rules as listed above. Federal-State relationship under the these projects are subject to the same If the specified changes to the Act, preparation of a regulatory standards as other sources of offsets submitted rules are not made before flexibility analysis would constitute (i.e., the reductions must be real, EPA’s final action on this SIP revision, Federal inquiry into the economic enforceable, quantifiable, surplus, and then EPA’s final action will be a reasonableness of State action. The Act permanent). disapproval. If finalized, this forbids EPA to base its actions disapproval would constitute a concerning SIPs on such grounds. Intra-basin and Inter-district Offsets disapproval under section 179(a)(2) of Union Electric Co. v. U.S. E.P.A., 427 Section (D) should include the CAA the Act (see 57 FR 13566–13567). As U.S. 246, 256–66 (S.Ct 1976); 42 U.S.C. section 173(c)(1) requirements that provided under section 179(a), 7410(a)(2). The Office of Management sources locating in a nonattainment area MDAQMD would have up to 18 months and Budget has exempted this rule from may only obtain offsets from other after a final SIP disapproval to correct the requirements of section 6 of nonattainment areas which (A) have the deficiencies that are the subject of Executive Order 12866. 55358 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules
Unfunded Mandates approval is set forth in the direct final Tillamook in compliance with the Under Section 202 of the Unfunded rule. If no adverse comments are Commission’s minimum distance Mandates Reform Act of 1995, EPA received in response to this proposed separation requirements with a site must prepare a budgetary impact rule, no further activity is contemplated restriction of 5.8 kilometers (3.6 miles) statement to accompany any proposed in relation to this rule. If EPA receives west, at coordinates 45–27–27 North or final rule that includes a federal adverse comments, the direct final rule Latitude; 123–55–00 West Longitude, to mandate that may result in estimated will be withdrawn and all public avoid a short-spacing to Station KPDQ- costs to state, local, or tribal comments received will be addressed in FM, Channel 229C, Portland, Oregon. governments in the aggregate; or to the a subsequent final rule based on this Canadian concurrence is required since private sector, of $100 million or more. proposed rule. EPA will not institute a Tillamook is located within 320 EPA has determined that the approval second comment period on this action. kilometers (200 miles) of the U.S.- proposed in this document does not Any parties interested in commenting Canadian border. include such a federal mandate, as this on this action should do so at this time. DATES: Comments must be filed on or proposed federal action would approve DATES: Comments must be received in before December 18, 1995, and reply pre-existing requirements under state or writing by November 30, 1995. comments on or before January 2, 1996. local law, and would impose no new ADDRESSES: Written comments on this ADDRESSES: Federal Communications federal requirements. Accordingly, no action should be addressed to Marcia L. Commission, Washington, DC 20554. In additional costs to state, local, or tribal Spink, Associate Director, Air Programs, addition to filing comments with the governments, or to the private sector, Mailcode 3AT00, U.S. Environmental FCC, interested parties should serve the will result from this action. Protection Agency, Region III, 841 petitioner, or its counsel or consultant, as follows: Brian Lord, 3824 SW Myrtle List of Subjects in 40 CFR Part 52 Chestnut Building, Philadelphia, Pennsylvania 19107. Copies of the Street, Seattle, WA 98126-3210 Environmental protection, Air documents relevant to this action are (Petitioner). pollution control, Hydrocarbons, available for public inspection during FOR FURTHER INFORMATION CONTACT: Intergovernmental relations, nitrogen normal business hours at the Air, Leslie K. Shapiro, Mass Media Bureau, dioxide, Particulate matter, Reporting Radiation, and Toxics Division, U.S. (202) 418–2180. and recordkeeping requirements, Sulfur Environmental Protection Agency, dioxide, Volatile organic compounds. SUPPLEMENTARY INFORMATION: This is a Region III, 841 Chestnut Building, synopsis of the Commission’s Notice of Authority: 42 U.S.C. 7401–7671q. Philadelphia, Pennsylvania 19107; Proposed Rule Making, MM Docket No. Dated: October 17, 1995. Maryland Department of the 95–153, adopted September 26, 1995, Felicia Marcus, Environment, 2500 Broening Highway, and released September 29, 1995. The Regional Administrator. Baltimore, Maryland 21224. full text of this Commission decision is [FR Doc. 95–26952 Filed 10–31–95; 8:45 am] FOR FURTHER INFORMATION CONTACT: available for inspection and copying BILLING CODE 6560±50±P Catherine L. Magliocchetti, (215) 597– during normal business hours in the 6863. FCC Reference Center (Room 239), 1919 SUPPLEMENTARY INFORMATION: See the M Street, NW., Washington, DC. The 40 CFR Parts 52 and 81 information provided in the Direct Final complete text of this decision may also be purchased from the Commission’s [MD44±1±3001b, MD44±2±3002b; FRL± action which is located in the Rules and 5315±5] Regulations Section of this Federal copy contractor, International Register. Transcription Services, Inc., (202) 857– Approval and Promulgation of Authority: 42 U.S.C. 7401–7671q. 3800, 2100 M Street, NW., Suite 140, Implementation Plans; Designation of Dated: September 29, 1995. Washington, DC 20037. Provisions of the Regulatory Areas for Air Quality Planning W. Michael McCabe, Purposes; Redesignation of the Flexibility Act of 1980 do not apply to Regional Administrator, Region III. Baltimore Carbon Monoxide Area to this proceeding. Attainment and Approval of the Area's [FR Doc. 95–26960 Filed 10–30–95; 8:45 am] Members of the public should note Maintenance Plan and Emission BILLING CODE 6560±50±P that from the time a Notice of Proposed Inventory; State of Maryland Rule Making is issued until the matter is no longer subject to Commission AGENCY: Environmental Protection FEDERAL COMMUNICATIONS consideration or court review, all ex Agency (EPA). COMMISSION parte contacts are prohibited in ACTION: Proposed rule. Commission proceedings, such as this 47 CFR Part 73 one, which involve channel allotments. SUMMARY: EPA proposes to approve the See 47 CFR 1.1204(b) for rules State Implementation Plan (SIP) [MM Docket No. 95±153; RM±8702) governing permissible ex parte contacts. revision submitted by the State of Radio Broadcasting Services; For information regarding proper Maryland for the purpose of approving Tillamook, OR filing procedures for comments, see 47 a maintenance plan and a request to CFR 1.415 and 1.420. redesignate the Baltimore carbon AGENCY: Federal Communications monoxide nonattainment area, from Commission. List of Subjects in 47 CFR Part 73 nonattainment to attainment for CO. In ACTION: Proposed rule. Radio broadcasting. the Final Rules section of this Federal Register, EPA is approving the State’s SUMMARY: The Commission requests Federal Communications Commission. SIP revision as a direct final rule comments on a petition filed by Brian John A Karousos, without prior proposal because the Lord requesting the allotment of Chief, Allocations Branch, Policy and Rules Agency views this as a noncontroversial Channel 231A to Tillamook, OR, as the Division, Mass Media Bureau. SIP revision and anticipates no adverse community’s second local FM service. [FR Doc. 95–26978 Filed 10–30–95; 8:45 am] comments. A detailed rationale for the Channel 231A can be allotted to BILLING CODE 6712±01±F Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Proposed Rules 55359
DEPARTMENT OF COMMERCE Conservation and Management Act (16 full commercial quota being harvested, U.S.C. 1801 et seq.). Those regulations such period provides reasonable National Oceanic and Atmospheric set the commercial quota for red assurance that the commercial quota on Administration snapper in the Gulf of Mexico at 3.06 the overfished red snapper resource is million lb (1.39 million kg) for the not exceeded. 50 CFR Part 641 current fishing year, January 1 through The Council requested that this [Docket No. 94113±4354; I.D. 102395D] December 31, 1995. Under 50 CFR 641.26, NMFS is reopening of the commercial fishery for Reef Fish Fishery of the Gulf of required to close the commercial fishery red snapper occur around November 1, Mexico; Red Snapper for a species or species group when the 1995, with the opening date to be quota for that species or species group selected based on projected weather AGENCY: National Marine Fisheries is reached, or is projected to be reached, conditions. The Council and NMFS do Service (NMFS), National Oceanic and by publishing a notification to that not want to create a situation where Atmospheric Administration (NOAA), effect in the Federal Register. Based on vessels owners and operators would feel Commerce. statistics available at that time, NMFS compelled to fish during marginal ACTION: Announcement of a proposed projected that the commercial quota for weather conditions. Accordingly, this reopening of a fishery. red snapper would be reached on April notification advises fishermen in the SUMMARY: NMFS announces that the 14, 1995. Accordingly, the commercial Gulf of Mexico reef fish fishery that the closed commercial fishery for red fishery in the EEZ in the Gulf of Mexico commercial red snapper fishery in the snapper in the exclusive economic zone for red snapper was closed effective EEZ of the Gulf of Mexico will be (EEZ) of the Gulf of Mexico will be 12:01 a.m., local time, April 15, 1995, reopened for a period of 36 hours reopened. Reopening of the fishery is through December 31, 1995—the end of commencing at 12:01 a.m., local time, at necessary because the 1995 annual the fishing year. Notification of closure a date to be selected between October commercial quota for red snapper has was filed with the Office of the Federal 29, 1995, and November 4, 1995. A not been taken. The commercial fishery Register on April 12, 1995 (60 FR 19363, notification of the date will be filed with for red snapper from the Gulf of Mexico April 18, 1995). the Office of the Federal Register not will close 36 hours after the reopening Upon further analysis of the landings less than 48 hours prior to the effective is effective. data, including new information that date of the reopening and notification became available since announcement DATES: The reopening of the commercial will be disseminated via a news release of the closure date, NMFS has red snapper fishery, to be announced distributed to reef fish dealers, state determined that approximately 210,000 through publication in the Federal enforcement agencies, Sea Grant offices, lb (95,254 kg) of the 1995 red snapper Register, will be effective for a 36–hour and other constituents. In addition, commercial quota remain unharvested. period that will commence at 12:01 NMFS will request that advance Accordingly, the Council requested that notification of the effective date and a.m., local time, on a date yet to be NMFS reopen the fishery. determined. Such period will be Catch rates during the first 7 days of time of the reopening be broadcast by between October 29, 1995, and the 1995 season averaged approximately coastal NOAA Weather Radio stations in November 4, 1995. 90,000 lb (40,823 kg) per day. At that the Gulf of Mexico. FOR FURTHER INFORMATION CONTACT: catch rate, and under the restrictions in Classification Robert Sadler or Michael Justen, 813– effect through 1995, the harvest of red 570–5305. snapper during a 36–hour period would This action is taken under 50 CFR SUPPLEMENTARY INFORMATION: The reef be approximately 135,000 lb (61,235 kg). 641.26 and is exempt from review under fish fishery of the Gulf of Mexico is The restrictions in effect through 1995 E.O. 12866. managed under the Fishery specify that a vessel with a red snapper Dated: October 25, 1995. Management Plan for the Reef Fish endorsement on its reef fish permit may Fishery of the Gulf of Mexico (FMP). not land, in any day, red snapper in Richard W. Surdi, The FMP was prepared by the Gulf of excess of 2,000 lb (907 kg) and other Acting Director, Office of Fisheries Mexico Fishery Management Council permitted vessels may not land, in any Conservation and Management, National (Council) and is implemented through day, red snapper in excess of 200 lb (91 Marine Fisheries Service. regulations at 50 CFR part 641 under the kg). While a 36–hour reopening of the [FR Doc. 95–26891 Filed 10–25–95; 4:49 pm] authority of the Magnuson Fishery commercial fishery may not result in the BILLING CODE 3510±22±F 55361
Notices Federal Register Vol. 60, No. 210
Tuesday, October 31, 1995
This section of the FEDERAL REGISTER DEPARTMENT OF COMMERCE This notice is published in contains documents other than rules or accordance with 19 CFR 353.22(a)(5). proposed rules that are applicable to the International Trade Administration public. Notices of hearings and investigations, Dated: October 24, 1995. committee meetings, agency decisions and [A±428±082] Joseph A. Spetrini, rulings, delegations of authority, filing of Deputy Assistant Secretary for Compliance. Sugar From Germany; Termination of petitions and applications and agency [FR Doc. 95–26976 Filed 10–30–95; 8:45 am] statements of organization and functions are Antidumping Duty Administrative BILLING CODE 3510±DS±M examples of documents appearing in this Review section. AGENCY: Import Administration, [A±583±810] International Trade Administration, DEPARTMENT OF AGRICULTURE Department of Commerce. Chrome-Plated Lug Nuts From Taiwan; ACTION: Notice of termination of Final Results of Antidumping Duty Agricultural Marketing Service antidumping duty administrative Administrative Review review. AGENCY: Import Administration, [Docket No. TB±95±18] SUMMARY: In response to a request from International Trade Administration, Public Hearing Regarding the One World Group, an interested Department of Commerce. Establishment of a New Tobacco party, the Department of Commerce (the ACTION: Notice of final results of Auction Market Department) initiated an administrative antidumping duty administrative review for Pfeifer & Langeon on July 14, review. Notice is hereby given of a public 1995, for the period of June 1, 1994 SUMMARY: hearing regarding an application to through May 31, 1995. On October 10, On August 29, 1995, the combine the Sanford, Carthage, and 1995, the One World Group filed a Department of Commerce (the Aberdeen, North Carolina, tobacco timely withdrawal of its request for Department) published the preliminary markets. review. Because there were no requests results of its administrative review of for review from other interested parties, the antidumping duty order on chrome- DATES: November 7, 1995. we are terminating this review. plated lug nuts from Taiwan. The review covers 21 manufacturers/ TIME: 9 a.m. local time. EFFECTIVE DATE: October 31, 1995. exporters of the subject merchandise FOR FURTHER INFORMATION CONTACT: PLACE: Dennis A. Wicker Civic Center and the period September 1, 1993, Mark Ross or Richard Rimlinger, Office (formerly the Lee County Civic Center), through August 31, 1994. of Antidumping Compliance, Import 1801 Nash Street, Sanford, North We gave interested parties an Administration, International Trade Carolina. opportunity to comment on our Administration, U.S. Department of preliminary results. We received no PURPOSE: To hear testimony and to Commerce, 14th Street and Constitution comments. The final results are receive evidence regarding an Avenue, N.W., Washington, D.C. 20230; unchanged from those presented in the application for tobacco inspection and telephone: (202) 482–4733. preliminary. price support services to a new market, SUPPLEMENTARY INFORMATION: which would be a consolidation of the EFFECTIVE DATE: October 31, 1995. currently designated markets of Sanford, Background FOR FURTHER INFORMATION CONTACT: Carthage, and Aberdeen, North Carolina. On June 6, 1995, the Department Todd Peterson or Thomas F. Futtner, The application was made by Jeffrey S. published in the Federal Register (60 Office of Antidumping Compliance, Smith, warehouseman, Sanford, North FR 29821) the opportunity to request an Import Administration, International Carolina. administrative review for the period Trade Administration, U.S. Department of Commerce, 14th Street and This public hearing will be conducted June 1, 1994 through May 31, 1995. On Constitution Avenue, N.W., pursuant to the joint policy statement June 30, 1995, the One World Group, an Washington, D.C. 20230; telephone and regulations governing the extension interested party in accordance with 19 (202) 482–4195 or 482–3814, of tobacco inspection and price support CFR 353.2(k) (1994), requested an respectively. services to new markets and to administrative review for Pfeifer & additional sales on designated markets Langen. On July 14, 1995, the SUPPLEMENTARY INFORMATION: Department initiated an administrative (7 CFR 29.1 through 29.3), issued under Background the Tobacco Inspection Act, as amended review in accordance with 19 CFR (7 U.S.C. 511 et seq.) and the 353.22, and published the notice of On September 20, 1991, the Commodity Credit Corporation Charter initiation in the Federal Register (60 FR Department published in the Federal Act, as amended (15 U.S.C. 714 et seq.). 36260). Register the antidumping duty order on chrome-plated lug nuts from Taiwan (56 Dated: October 27, 1995. Termination of Review FR 47737). On September 2, 1994, the Shirley R. Watkins, The interested party that requested Department published a notice in the Acting Assistant Secretary, Marketing and the review has timely withdrawn its Federal Register notifying interested Regulatory Programs. request pursuant to 19 CFR 353.22(a)(5). parties of the opportunity to request an [FR Doc. 95–27037 Filed 10–30–95; 8:45 am] As a result, the Department has administrative review of chrome-plated BILLING CODE 3410±02±M terminated the review. lug nuts from Taiwan for the period 55362 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices
September 13, 1993, through August 31, this review. This scope description listed above, the cash deposit rate will 1994 (59 FR 45664). Consolidated includes the April 4, 1994, scope continue to be the company-specific rate Automotive, Inc., the petitioner in this clarifications. published for the most recent period; (3) case, requested, in accordance with 19 During the period of review (POR), if the exporter is not a firm covered in CFR 353.22(a), that we conduct an chrome-plated lug nuts were classifiable this review, a previous review, or in the administrative review of exports to the under Harmonized Tariff Schedule original less than fair value (LTFV) United States by Gourmet Equipment (HTS) subheading 7318.16.00.10. The investigation, but the manufacturer is, (Taiwan) Corp., Buxton International, HTS subheadings are provided for the cash deposit rate will be the rate Chu Fong Metallic Electric Co., convenience and for U.S. Customs established for the most recent period Transcend International, Kuang Hong purposes. The written description for the manufacturer of the Industrial Works, San Chien Industrial remains dispositive as to the scope of merchandise; and (4) the cash deposit Works, Ltd., Everspring Corporation, this proceeding. rate for all other manufacturers or Anmax Industrial Co., Ltd., Everspring exporters not previously reviewed will Final Results of the Review Plastic Corp., Gingen Metal Corp., be 6.93 percent, the ‘‘new shipper’’ rate Goldwinate Associates, Inc., Hwen Hsin We invited interested parties to established in the first notice of final Enterprises Co., Ltd., Kwan How comment on the preliminary results. We results of administrative review. Enterprises Co., Ltd., Kwan Ta received no comments on the These deposit requirements, when Enterprises Co., Ltd., Kuang Hong preliminary results from any interested imposed, shall remain in effect until Industries Ltd., Multigrand Industries party. The final results are therefore publication of the final results of the Inc., San Shing Hardware Works Co., unchanged from those presented in the next administrative review. Ltd., Trade Union International Inc./Top preliminary results, and the margins This notice serves as a final reminder Line, Uniauto, Inc., Wing Tang from the preliminary results have not to importers of their responsibility Electrical Manufacturing Co., and Chu changed for the final results of review. under 19 CFR 353.26 to file a certificate Fong Metallic Industrial Corp., for the regarding the reimbursement of period September 1, 1993, through Manufacturer/exporter Margin antidumping duties prior to liquidation August 31, 1994. We published a notice of the relevant entries during this of initiation of the antidumping duty Gourmet Equipment (Taiwan) Corp. 6.47 Buxton International ...... 6.93 review period. Failure to comply with administrative review on October 13, this requirement could result in the 1994 (59 FR 51939). On August 29, Chu Fong Metallic Electric Co...... 10.67 Transcend International ...... 10.67 Secretary’s presumption that 1995, the Department published in the Kuang Hong Industrial Works ...... 10.67 reimbursement of antidumping duties Federal Register the preliminary results San Chien Industrial Works, Ltd...... 10.67 occurred and the subsequent assessment of its administrative review of the Everspring Corp...... 10.67 of double antidumping duties. antidumping duty order on chrome- Anmax Industrial Co., Ltd...... 10.67 This notice also serves as final plated lug nuts from Taiwan (60 FR Everspring Plastic Corp...... 10.67 reminder to parties subject to 44837). The Department has now Gingen Metal Corp...... 10.67 administrative protective order (APO) of completed that review in accordance Goldwinate Associates, Inc...... 10.67 Hwen Hsin Enterprises Co., Ltd...... 6.93 their responsibility concerning the with section 751 of the Tariff Act of disposition of proprietary information 1930, as amended (the Act). Kwan How Enterprises Co., Ltd...... 6.93 Kwan Ta Enterprises Co., Ltd...... 6.93 disclosed under APO in accordance Applicable Statute and Regulations Kuang Hong Industries Ltd...... 6.93 with 19 CFR 353.35(d). Timely written The Department is conducting this Multigrand Industries Inc...... 10.67 notification or conversion to judicial San Shing Hardware Works Co., review in accordance with section protective order is hereby requested. Ltd...... 10.67 Failure to comply with the regulations 751(a) of the Tariff Act of 1930, as Trade Union International Inc./Top amended (the Act), Unless otherwise and the terms of the APO is a Line ...... 10.67 sanctionable violation. indicated, all citations to the statute and Uniauto, Inc...... 6.93 to the Department’s regulations are in Wing Tang Electrical Manufacturing This administrative review and notice reference to the provisions as they Co...... 6.93 are in accordance with section 751(a)(1) existed on December 31, 1994. Chu Fong Metallic Industrial Corp. ... 6.93 of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22. Scope of the Review The Department shall determine, and Dated: October 20, 1995. Imports covered by this the U.S. Customs Service shall assess, Susan G. Esserman, administrative review are shipments of antidumping duties on all appropriate Assistant Secretary for Import one-piece and two-piece chrome-plated entries. The Department shall issue Administration. lug-nuts, finished or unfinished, more appraisement instructions for each [FR Doc. 95–26975 Filed 10–30–95; 8:45 am] than 11⁄16 inches (17.45) millimeters) in exporter directly to the U.S. Customs BILLING CODE 3510±DS±M height and which have a hexagonal Service. (hex) size of at least 3⁄4 inches (19.05 Furthermore, the following deposit millimeters) but not more than one inch requirements will be effective for all [A±475±059] (25.4mm), plus or minus 1⁄16 of an inch shipments of the subject merchandise, (1.59mm). The term ‘‘unfinished’’ refers entered, or withdrawn from warehouse, Pressure Sensitive Plastic Tape From to unplated and/or assembled chrome- for consumption on or after the Italy; Final Results of Antidumping plated lug nuts. The subject publication date of these final results of Duty Administration Review merchandise is used for securing wheels this administrative review, as provided AGENCY: Import Administration, to cars, vans, trucks, utility vehicles, for by section 751(a)(1) of the Act: (1) International Trade Administration, and trailers. Zinc-plated lug nuts, the cash deposit rates for the reviewed Department of Commerce. finished or unfinished, and stainless- firms will be those firm’s rates ACTION: Notice of final results of steel capped lug nuts are not in the established in the final results of this antidumping duty administrative scope of this review. Chrome-plated administrative review; (2) for previously review. lock nuts are also not in the scope of reviewed or investigated companies not Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55363
SUMMARY: On August 17, 1995, the preliminary results have not changed for notification or conversion to judicial Department of Commerce (the the final results of review. protective order is hereby requested. Department) published in the Federal Failure to comply with the regulations Register the preliminary results of Manufacturer/exporter Margin and the terms of the APO is a administrative review of the (percent) sanctionable violation. antidumping finding on pressure Autoadesivi Magri ...... 12.66 This administrative review and notice sensitive plastic tape (PSPT) from Italy. N.A.R. S.p.A...... 12.66 are in accordance with section 751(a)(1) The review covers two manufacturers/ of the Tariff Act (19 U.S.C. 1675(a)(1)) exporters of the subject merchandise The Department shall determine, and and 19 CFR 353.22. shipped to the United States during the the U.S. Customs Service shall assess, period October 1, 1993, through antidumping duties on all appropriate Dated: October 20, 1995. September 30, 1994. We did not receive entries. The Department shall issue Susan G. Esserman, any comments on the preliminary appraisement instructions for each Assistant Secretary for Import results. Therefore, the dumping margins exporter directly to the U.S. Customs Administration. for the reviewed companies are Service. [FR Doc. 95–26974 Filed 10–30–95; 8:45 am] unchanged from the preliminary results. Furthermore, the following deposit BILLING CODE 3510±DS±M EFFECTIVE DATE: October 31, 1995. requirements will be effective for all FOR FURTHER INFORMATION CONTACT: shipments of the subject merchandise, Todd Peterson or Thomas Futtner, entered, or withdrawn from warehouse, Export Trade Certificate of Review Office of Antidumping Compliance, for consumption on or after the Import Administration, International publication date of these final results of ACTION: Notice of application to amend Trade Administration, U.S. Department this administrative review, as provided certificate. of Commerce, 14th Street and for by section 751(a)(1) of the Act: (1) Constitution Avenue, N.W., the cash deposit rate for the reviewed SUMMARY: The Office of Export Trading Washington, D.C. 20230; telephone firms will be those firm’s rates Company Affairs (‘‘OETCA’’), (202) 482–4195 or 482–3814, established in the final results of this International Trade Administration, respectively. administrative review; (2) for previously Department of Commerce, has received reviewed or investigated companies not SUPPLEMENTARY INFORMATION: an application to amend an Export listed above, the cash deposit rate will Trade Certificate of Review. This notice Background continue to be the company-specific rate summarizes the proposed amendment The Department published the published for the most recent period; (3) and requests comments relevant to preliminary results of this review on if the exporter is not a firm covered in whether the Certificate should be August 17, 1995 (60 FR 42845). The this review, or the original LTFV issued. Department has now completed this investigation, but the manufacturer is, FOR FURTHER INFORMATION CONTACT: W. administrative review in accordance the cash deposit rate will be the rate Dawn Busby, Director, Office of Export with section 751 of the Tariff Act of established for the most recent period Trading Company Affairs, International 1930, as amended. for the manufacturer of the merchandise; and (4) the cash deposit Trade Administration, 202/482–5131. Applicable Statute and Regulations rate for all other manufacturers or This is not a toll-free number. exporters not previously reviewed will The Department is conducting this SUPPLEMENTARY INFORMATION: Title III of be 12.66 percent, the ‘‘new shipper’’ rate review in accordance with section the Export Trading Company Act of established in the first notice of final 751(a) of the Tariff Act of 1930, as 1982 (15 U.S.C. 4001–21) authorizes the results of administrative review amended (the Act). Unless otherwise Secretary of Commerce to issue Export published by the Department (48 FR indicated, all citations to the statute and Trade Certificates of Review. A 35686, August 5, 1983). to the Department’s regulations are in Certificate of Review protects the holder These deposit requirements, when reference to the provisions as they and the members identified in the imposed, shall remain in effect until existed on December 31, 1994. Certificate from state and federal publication of the final results of the government antitrust actions and from Scope of the Review next administrative review. This notice serves as a final reminder private, treble damage antitrust actions Imports covered by the review are for the export conduct specified in the 3 to importers of their responsibility shipments of PSPT measuring 1 ⁄8 Certificate and carried out in inches in width and not exceeding 4 under 19 CFR 353.26 to file a certificate compliance with its terms and mils in thickness. During the period of regarding the reimbursement of conditions. Section 302(b)(1) of the Act review (POR), the above described PSPT antidumping duties prior to liquidation and 15 CFR 325.6(a) require the was classified under HTS subheadings of the relevant entries during this Secretary to publish a notice in the 3919.90.20 and 3919.90.50. The HTS review period. Failure to comply with Federal Register identifying the subheadings are provided for this requirement could result in the applicant and summarizing its proposed convenience and for U.S. Customs Secretary’s presumption that export conduct. purposes. The written description reimbursement of antidumping duties remains dispositive as the scope of the occurred and the subsequent assessment Request for Public Comments product coverage. The period of review of double antidumping duties. is October 1, 1993, through September This notice also serves as a reminder Interested parties may submit written 30, 1994. to parties subject to administrative comments relevant to the determination protective order (APO) of their whether an amended Certificate should Final Results of Review responsibility concerning the be issued. An original and five (5) The Department received no disposition of proprietary information copies should be submitted no later comments on its preliminary results. disclosed under APO in accordance than 20 days after the date of this notice Therefore, the margins from the with 19 CFR 353.34(d). Timely written to: Office of Export Trading Company 55364 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices
Affairs, International Trade issue Export Trade Certificates of COMMITTEE FOR THE Administration, Department of Review. A Certificate of Review protects IMPLEMENTATION OF TEXTILE Commerce, Room 1800H, Washington, the holder and the members identified AGREEMENTS D.C. 20230. Information submitted by in the Certificate from state and federal any person is exempt from disclosure government antitrust actions and from Amendment and Adjustment of an under the Freedom of Information Act private, treble damage antitrust actions Import Restraint Limit for Certain (5 U.S.C. § 552). Comments should refer for the export conduct specified in the Cotton and Man-Made Fiber Textiles to this application as ‘‘Export Trade Certificate and carried out in and Textile Products Produced or Manufactured in El Salvador Certificate of Review, application compliance with its terms and number 86–3A011.’’ conditions. Section 302(b)(1) of the Act OETCA has received the following October 25, 1995. and 15 CFR 325.6(a) require the application for an amendment to Export AGENCY: Committee for the Secretary to publish a notice in the Trade Certificate of Review No. 86– Implementation of Textile Agreements 00011, which was issued on June 30, Federal Register identifying the (CITA). 1987 (52 FR 25621, July 8, 1987) and applicant and summarizing its proposed ACTION: Issuing a directive to the previously amended on October 31, export conduct. Commissioner of Customs increasing a 1988 (53 FR 44639, November 4, 1988) Request for Public Comments limit. and February 21, 1990 (55 FR 21766, EFFECTIVE DATE: May 29, 1990). The applicant has Interested parties may submit written November 1, 1995. requested expedited review of the comments relevant to the determination FOR FURTHER INFORMATION CONTACT: application. whether an amended Certificate should Jennifer Aldrich, International Trade Specialist, Office of Textiles and Summary of the Application be issued. An original and five (5) copies should be submitted no later Apparel, U.S. Department of Commerce, Applicant: Millers’ National than 20 days after the date of this notice (202) 482–4212. For information on the quota status of this limit, refer to the Federation (‘‘MNF’’), 600 Maryland to: Office of Export Trading Company Quota Status Reports posted on the Avenue, SW. 305 West, Washington, DC Affairs, International Trade 20024–2573, Contact: Roy M. Henwood, bulletin boards of each Customs port or Administration, Department of President, Telephone: (202) 484–2200. call (202) 927–5850. For information on Application No.: 86–3A011. Commerce, Room 1800H, Washington, embargoes and quota re-openings, call Date Deemed Submitted: October 18, D.C. 20230. Information submitted by (202) 482–3715. 1995. any person is exempt from disclosure SUPPLEMENTARY INFORMATION: Request For Amended Conduct: MNF under the Freedom of Information Act seeks to amend its Certificate to add (5 U.S.C. 552). Comments should refer Authority: Executive Order 11651 of March Fisher Mills Inc. of Seattle, Washington to this application as ‘‘Export Trade 3, 1972, as amended; section 204 of the Agricultural Act of 1956, as amended (7 as a ‘‘Member’’ within the meaning of Certificate of Review, application U.S.C. 1854). § 325.21 of the Regulations (15 CFR number 94–A0007.’’ 325.2 (l)). Pursuant to the Uruguay Round OETCA has received the following Agreements Act and the Uruguay Round Dated: October 20, 1995. application for an amendment to Export Agreement on Textiles and Clothing W. Dawn Busby, Trade Certificate of Review No. 94– (ATC), the current limit is being Director, Office of Export Trading Company 00007, which was issued on February amended for textile products in Affairs. 23, 1995 (60 FR 12735 March 8, 1995). Categories 340/640, produced or [FR Doc. 95–26922 Filed 10–30–95; 8:45 am] The applicant has requested expedited manufactured in El Salvador and BILLING CODE 3510±DR±P review of the application. exported during the period January 1, Summary of the Application 1995 through December 31, 1995. Pursuant to the ATC, this new limit Export Trade Certificate of Review Applicant: Florida Citrus Exports, supersedes that notified to the Uruguay ACTION: Notice of application to amend L.C. (‘‘FCE’’), 1991 74th Avenue, Vero Round Textiles Monitoring Body (TMB) certificate. Beach, Florida 32966, Contact: Charles contained in the Memorandum of M. Sanders, Jr., Attorney, Telephone: Understanding dated September 26, SUMMARY: The Office of Export Trading (407) 569–2244. 1994 between the Governments of the Company Affairs (‘‘OETCA’’), United States and El Salvador. This International Trade Administration, Application No.: 94–A0007. limit is being amended because El Department of Commerce, has received Date Deemed Submitted: October 17, Salvador is now a member of the World an application to amend an Export 1995. Trade Organization. Also, the amended Trade Certificate of Review. This notice level for Categories 340/640 is being summarizes the proposed amendment Request For Amended Conduct: FCE seeks to amend its Certificate to add A. increased for carryover. and requests comments relevant to A description of the textile and whether the Certificate should be Duda & Sons, Inc. of Ft. Pierce, Florida as a ‘‘Member’’ within the meaning of apparel categories in terms of HTS issued. numbers is available in the § 325.21 of the Regulations (15 CFR FOR FURTHER INFORMATION CONTACT: W. CORRELATION: Textile and Apparel 325.2 (l)). Dawn Busby, Director, Office of Export Categories with the Harmonized Tariff Trading Company Affairs, International Dated: October 20, 1995. Schedule of the United States (see Trade Administration, 202/482–5131. W. Dawn Busby, Federal Register notice 59 FR 65531, This is not a toll-free number. Director, Office of Export Trading Company published on December 20, 1994). Also SUPPLEMENTARY INFORMATION: Title III of Affairs. see 59 FR 63078, published on the Export Trading Company Act of [FR Doc. 95–26923 Filed 10–30–95; 8:45 am] December 7, 1994. 1982 (15 U.S.C. Sections 4001–21) The letter to the Commissioner of BILLING CODE 3510±DR±M authorizes the Secretary of Commerce to Customs and the actions taken pursuant Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55365 to it are not designed to implement all quota status of these limits, refer to the Category Adjusted twelve-month of the provisions of the Uruguay Round Quota Status Reports posted on the limit 1 Agreements Act and the Uruguay Round bulletin boards of each Customs port or Agreement on Textiles and Clothing, but call (202) 927–6703. For information on 341 ...... 680,124 dozen of are designed to assist only in the embargoes and quota re-openings, call which not more than 408,074 dozen shall implementation of certain of their (202) 482–3715. be in Category 341± provisions. Y 2. SUPPLEMENTARY INFORMATION: Donald R. Foote, 359±V 3 ...... 815,621 kilograms. Authority: Executive Order 11651 of March Acting Chairman, Committee for the 360 ...... 7,315,597 numbers of 3, 1972, as amended; section 204 of the Implementation of Textile Agreements. which not more than Agricultural Act of 1956, as amended (7 4,989,943 numbers Committee for the Implementation of Textile U.S.C. 1854). Agreements shall be in Category 360±P 4. October 25, 1995. The current limits for certain categories are being increased for swing. 435 ...... 24,954 dozen. Commissioner of Customs, 438 ...... 27,172 dozen. Department of the Treasury, Washington, DC A description of the textile and 440 ...... 38,819 dozen of which 20229. apparel categories in terms of HTS not more than Dear Commissioner: This directive numbers is available in the 22,181 dozen shall amends, but does not cancel, the directive CORRELATION: Textile and Apparel be in Category 440± issued to you on December 1, 1994, by the Categories with the Harmonized Tariff M 5. Chairman, Committee for the Implementation Schedule of the United States (see 443 ...... 139,743 numbers. of Textile Agreements. That directive 445/446 ...... 298,259 dozen. concerns imports of certain cotton and man- Federal Register notice 59 FR 65531, made fiber textile products, produced or published on December 20, 1994). Also 631 ...... 1,213,304 dozen pairs. manufactured in El Salvador and exported see 59 FR 65760, published on 635 ...... 625,829 dozen. during the twelve-month period beginning on December 21, 1994. 641 ...... 1,351,919 dozen. January 1, 1995 and extending through The letter to the Commissioner of 643 ...... 487,785 numbers. December 31, 1995. 645/646 ...... 836,959 dozen. Customs and the actions taken pursuant Effective on November 1, 1995, you are 647 ...... 1,569,304 dozen. to it are not designed to implement all directed to increase the limit for Categories 648 ...... 1,121,257 dozen. 1 of the provisions of the bilateral 340/640 to 984,431 dozen , as provided for 659±H 6 ...... 2,755,625 kilograms. under the Uruguay Round Agreements Act agreement, but are designed to assist and the Uruguay Round Agreement on only in the implementation of certain of 1 The limits have not been adjusted to ac- Textiles and Clothing. its provisions. count for any imports exported after December 31, 1994. The guaranteed access level remains Donald R. Foote, unchanged. 2 Category 341±Y: only HTS numbers The Committee for the Implementation of Acting Chairman, Committee for the 6204.22.3060, 6206.30.3010, 6206.30.3030 Textile Agreements has determined that this Implementation of Textile Agreements. and 6211.42.0054. 3 Category 359±V: only HTS numbers action falls within the foreign affairs Committee for the Implementation of Textile 6103.19.2030, 6103.19.9030, 6104.12.0040, exception of the rulemaking provisions of 5 Agreements 6104.19.8040, 6110.20.1022, 6110.20.1024, U.S.C. 553(a)(1). October 25, 1995. 6110.20.2030, 6110.20.2035, 6110.90.9044, Sincerely, Commissioner of Customs, 6110.90.9046, 6201.92.2010, 6202.92.2020, Donald R. Foote, 6203.19.1030, 6203.19.9030, 6204.12.0040, Department of the Treasury, Washington, DC 6204.19.8040, 6211.32.0070 and Acting Chairman, Committee for the 20229. 6211.42.0070. Implementation of Textile Agreements. Dear Commissioner: This directive 4 Category 360±P: only HTS numbers [FR Doc. 95–26924 Filed 10–30–95; 8:45 am] amends, but does not cancel, the directive 6302.21.3010, 6302.21.5010, 6302.21.7010, BILLING CODE 3510±DR±F issued to you on December 16, 1994, by the 6302.21.9010, 6302.31.3010, 6302.31.5010, Chairman, Committee for the Implementation 6302.31.7010 and 6302.31.9010. of Textile Agreements. That directive 5 Category 440±M: HTS numbers concerns imports of certain cotton, wool, 6203.21.0030, 6203.23.0030, 6205.10.1000, Adjustment of Import Limits for Certain 6205.10.2010, 6205.10.2020, 6205.30.1510, Cotton, Wool and Man-Made Fiber man-made fiber, silk blend and other 6205.30.1520, 6205.90.3020, 6205.90.4020 Textile Products Produced or vegetable fiber textile products, produced or and 6211.31.0030. manufactured in the People’s Republic of 6 Manufactured in the People's Republic Category 659±H: only HTS numbers China and exported during the twelve-month 6502.00.9030, 6504.00.9015, 6504.00.9060, of China period which began on January 1, 1995 and 6505.90.5090, 6505.90.6090, 6505.90.7090 extends through December 31, 1995. and 6505.90.8090. October 25, 1995. Effective on October 26, 1995, you are The Committee for the Implementation of AGENCY: Committee for the directed to amend further the directive dated Textile Agreements has determined that Implementation of Textile Agreements December 16, 1994 to increase the limits for (CITA). the following categories, as provided under these actions fall within the foreign affairs ACTION: Issuing a directive to the the terms of the bilateral agreement between exception to the rulemaking provisions of 5 Commissioner of Customs increasing the Governments of the United States and the U.S.C. 553(a)(1). limits. People’s Republic of China: Sincerely, Donald R. Foote, EFFECTIVE DATE: October 26, 1995. Category Adjusted twelve-month limit 1 Acting Chairman, Committee for the FOR FURTHER INFORMATION CONTACT: Implementation of Textile Agreements. Jennifer Aldrich, International Trade Sublevels in Group I [FR Doc. 95–26925 Filed 10–30–95; 8:45 am] Specialist, Office of Textiles and 200 ...... 668,463 kilograms. BILLING CODE 3510±DR±F Apparel, U.S. Department of Commerce, 237 ...... 1,795,714 dozen. (202) 482–4212. For information on the 239 ...... 2,844,022 kilograms. 331 ...... 5,029,574 dozen pairs. 1 The limit has not been adjusted to account for 334 ...... 307,097 dozen. any imports exported after December 31, 1994. 340 ...... 826,879 dozen. 55366 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices
DEPARTMENT OF DEFENSE The Reuse Plan will constitute the general public of their opportunity to preferred alternative for the EIS. attend. Department of the Navy However, the EIS will also analyze DATES: November 16–18, 1995. alternatives to the Reuse Plan. The Notice of Intent To Prepare an Time: November 16, 1995—Achievement alternatives analyzed in the EIS will Levels Committee, 2:00–4:00 P.M., (open); Environmental Impact Statement for include a less intensive development of and Subject Area Committee #1, 5:00 P.M.– the Disposal and Reuse of the the DODHF property, still based in large 6:00 P.M., open). November 17, 1995— Department of Defense Housing part on the Reuse Plan, and a No Action Executive Committee, 7:30 A.M.–8:30 A.M. Facility, Novato, CA Alternative. The No Action alternative (closed), 8:30–9:00 A.M. (open); Full Board, would result in federal government 9:00 A.M.–10:00 A.M. , (open); Design and Pursuant to Section 102(2)(c) of the retention of the DODHF property in an Methodology Committee, Reporting and National Environmental Policy Act Dissemination Committee, and Subject Area ‘‘inactive’’ status. Other alternatives Committee #2, 10:00 A.M.–12:00 Noon, (NEPA) of 1969 as implemented by the may be evaluated if warranted. Council on Environmental Quality (open); Full Board, 12:00 Noon–4:30 P.M. Federal, state and local agencies, and (open). November 18, 1995—Nominations regulations (40 CFR Parts 1500–1508), interested individuals are encouraged to Committee 8:00–9:00 A.M. (open); Full the Department of the Navy in participate in the scoping process for Board, 9:00 A.M. until adjournment, coordination with the City of Novato, is the EIS to determine the range of issues approximately 12:00 Noon (open). preparing an Environmental Impact and reuse alternatives to be addressed. Location: Four Seasons Olympic Hotel, 411 Statement (EIS) for the proposed A public scoping meeting to receive oral University Street, Seattle, Washington. disposal and reuse of the Department of and written comments will be held on FOR FURTHER INFORMATION CONTACT: Defense Housing Facility (DODHF) Thursday, November 16, 1995, at the Mary Ann Wilmer, Operations Officer, property and structures at Novato, Student Center, San Marin High School, National Assessment Governing Board, California. This proposed action is in 15 San Marin Drive, Novato, California Suite 825, 800 North Capitol Street, accordance with the Defense Base at 7:00 p.m. In the interest of the N.W., Washington, DC 20002–4233, Closure and Realignment Act (Public available time, each speaker will be Telephone: (202) 357–6938. Law 101–510) of 1990, as implemented asked to limit their oral comments to SUPPLEMENTARY INFORMATION: The by the 1993 Base Closure process, which five minutes. directed the Navy to close DODHF. In addition, written comments may be National Assessment Governing Board submitted no later than December 1, is established under section 412 of the DODHF is within the jurisdiction of National Education Statistics Act of the City of Novato, Marin County, 1995 to Mr. Gary Munekawa, Environmental Planning Branch, Code 1994 (Title IV of the Improving California, approximately 20 miles America’s Schools Act of 1994) (Pub. L. north of San Francisco. DODHF is one 185GM, Engineering Field Activity West, Naval Facilities Engineering 103–382). of several facilities on a larger area The Board is established to formulate formerly known as the Hamilton Air Command, 900 Commodore Drive, San Bruno, California 94066–5006; policy guidelines for the National Force Base. DODHF consists of Assessment of Education Progress. The approximately 481 acres of Navy-owned telephone (415) 244–3022, fax (415) 244–3737. For further information Board is responsible for selecting land in two sites. The 383 acre primary subject areas to be assessed, developing DODHF facility includes military family regarding the Hamilton Army Air Field Reuse Plan which includes the reuse of assessment objectives, identifying housing, commissary, exchange, appropriate achievement goals for each community services areas, bowling the Navy’s DODHF property, please contact Mr. K.H. Bell, Program Manager, grade and subject tested, and alley, officer’s club, and recreational establishing standards and procedures fields. An additional 98 acre Rafael Hamilton Reuse Planning Authority at (415) 457–5661, fax (714) 472–8122. for interstate and national comparisons. Village military housing area is located On November 16, the Achievement 1 mile north of the main DODHF Dated: October 26, 1995. Levels Committee of the National facility. Other portions of the former M.A. Waters, Assessment Governing Board will meet Hamilton Air Force Base adjacent to LCDR, JAGC, USN, Federal Register Liaison in open session from 2:00 p.m. to 4:00 DODHF and not included with the Officer. p.m. The Committee will meet to disposal of the DODHF property or in [FR Doc. 95–26926 Filed 10–30–95; 8:45 am] discuss control procedures for ensuring this disposal and reuse EIS, include the BILLING CODE 3810±FF±M error-free NAEP data, and planning 720 acre former Hamilton Army Air issues affecting the NAEP level-setting Field, which was closed under the activities in the 1996 science Defense Base Closure and Realignment DEPARTMENT OF EDUCATION assessment. Subject Area Committee #1 Act (Public Law 100–526) of 1988, and will meet in open session from 5:00 a 415 acre site being developed under National Assessment Governing p.m.–6:00 p.m. to discuss the progress the New Hamilton Partnership Master Board; Meeting of the NAEP civics planning project. Plan. AGENCY: National Assessment On November 17, the Executive The EIS will address the potential Governing Board, Education. Committee will meet in closed session impacts to the environment that may ACTION: Notice of meeting. from 7:30 a.m. to 8:30 a.m. to continue result from the disposal of the Navy’s discussion about the development of DODHF property and subsequent reuse. SUMMARY: This notice sets forth the cost estimates for NAEP and future The Hamilton Army Air Field Reuse schedule and proposed agenda of a contract initiatives that were begun at Plan, developed by the Hamilton Reuse forthcoming meeting of the National the August 1995 meeting of the Board. Planning Authority, proposes 406 acres Assessment Governing Board. This Public disclosure of this information of housing with up to 1,490 total units, notice also describes the functions of would likely have an adverse financial 51 acres of mixed use community the Board. Notice of this meeting is affect on the NAEP program. The support facilities, and 24 acres of required under Section 10(a)(2) of the discussion of this information would be recreational fields on the DODHF Federal Advisory Committee Act. This likely to significantly frustrate property. document is intended to notify the implementation of a proposed agency Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55367 action if conducted in open session. presentation on the implementation of respect to a long-term agenda for Such matters are protected by ‘Standards Based Education’ in the educational research, development, and exemption 9(B) of Section 552b(c) of Everett School District, Everett dissemination, and to provide advice title 5 U.S.C. Beginning at 8:30 a.m., the Washington, and reports from the and assistance to the Assistant Secretary Executive Committee will convene in Board’s standing committees—Subject in administering the duties of the Office. open session to hear a presentation by Area #1, Subject Area #2, Achievement The meeting of the Executive a representative from the National Levels, Reporting and Dissemination, Committee is closed to the public under Science Foundation regarding a Design and Methodology, Nominations, the authority of section 10(d) of the proposal to use NARP assessments to and the Executive Committee. Federal Advisory Committee Act (Pub. measure progress in certain NSF- Summaries of the activities of the L. 92–463; 5 U.S.C. Appendix 2) and sponsored initiatives during 1996–1997. closed session and related matters under exemptions (2) and (6) of Section The full Board will convene in open which are informative to the public and 552b(c) of the Government in the session from 9:00 a.m. to 10:00 a.m. The consistent with the policy of section 5 Sunshine Act (Pub. L. 94–409; 5 U.S.C. agenda for this session includes U.S.C. 552b will be available to the 552b(c)(2) and (6)). approval of the agenda, introduction of public within 14 days after the meeting. The Committee will discuss the new Board members, the report of the Records are kept of all Board process of the selection of an Executive Executive Director, a presentation by the proceedings and are available for public Director of the Board and the personal Superintendent of Public Instruction, inspection at the U.S. Department of qualifications of candidates for the State of Washington, and an update on Education, National Assessment position. These discussions relate solely NAEP by the Acting Commissioner of Governing Board, Suite 825, 800 North to the internal personnel rules and the National Center for Education Capitol Street, N.W., Washington, D.C., practices of the Board and will disclose Statistics. Between 10:00 A.M. and from 8:30 A.M. to 5:00 P.M. information of a personal nature where 12:00 noon, there will be open meetings Dated: October 25, 1995. disclosure would constitute a clearly of the following subcommittees: Design unwarranted invasion of personal and Methodology, Reporting and Roy Truby, Executive Director, National Assessment privacy if conducted in open session. Dissemination, and Subject Area A summary of the activities at the Committee #2. The Design and Governing Board. [FR Doc. 95–26893 Filed 10–30–95; 8:45 am] closed session and related matters Methodology Committee will consider which are informative to the public revisions to the sampling policy for BILLING CODE 4000±01±M consistent with the policy of Title 5 states, and be briefed by NCES on ETS- U.S.C. 552b(c) will be available to the proposed NAEP design changes for 1996 public within 14 days of the meeting. and 1998. The agenda for the Reporting National Educational Research Policy and Priorities Board; Meeting The public is being given less than the and Dissemination Committee consists required 15 days’ notice because of the of three items: (1) Plans for release of AGENCY: National Educational Research difficulty in accommodating the 1994 NAEP Reports, (2) long-range Policy and Priorities Board; Education. schedules of all members of the planning for NAEP reporting of 1996 ACTION: Notice of closed meeting by Executive Committee,which must and 1998 results, and (3) teleconference. complete its recommendations prior to implementation of policy on including the next full Board meeting on disabled and limited English-speaking SUMMARY: This notice sets forth the November 30. students in NAEP. Subject Area schedule and proposed agenda of a Records are kept of all Board Committee #2 will discuss the progress forthcoming meeting of the Executive proceedings, and are available for public of the NAEP writing specifications Committee of the National Educational inspection at the office of the National development project. Research Policy and Priorities Board. Educational Research Policy and Beginning at 12:00 noon, until 4:30 Notice of this meeting is required under P.M., the full Board will meet in open Priorities Board, 555 New Jersey Ave., Section 10(a)(2) of the Federal Advisory N.W., Washington, DC 20208–7564. session. The Board will hear an update Committee Act. This document is on the NAGB planning initiative intended to notify the general public of Dated: October 26, 1995. activities, and a presentation by a the meeting. Sharon P. Robinson, representative from the National DATE: November 6, 1995. Assistant Secretary. Academy of Sciences on the proposed TIME: 4 p.m. to 5 p.m. [FR Doc. 95–26967 Filed 10–30–95; 8:45 am] NAEP evaluation design. BILLING CODE 4000±01±M On November 18, the Nominations LOCATION: Room 604E, 555 New Jersey Committee will meet in open session Ave., N.W., Washington, D.C. from 8:00 A.M. to 9:00 A.M. The FOR FURTHER INFORMATION CONTACT: Committee will review procedures to be John Christensen, Designated Federal DEPARTMENT OF ENERGY used for the solicitation of the names of Official, Office of Educational Research and Improvement, 555 New Jersey Ave., Availability of the Final Environmental individuals to succeed the Board Impact Statement for Interim members whose terms expire September N.W., Washington, D.C. 20208–7579. Telephone: (202) 219–2065. Management of Nuclear Materials at 30, 1996. The expiring terms are in the the Savannah River Site, Aiken, SC following categories: local SUPPLEMENTARY INFORMATION: The superintendent, general public (2), National Educational Research Policy AGENCY: U.S. Department of Energy. testing and measurement expert (2), and Priorities Board is authorized by ACTION: Notice of availability of final state superintendent, and 12th grade Section 921 of the Educational Environmental Impact Statement (EIS). teacher. Research, Development, Dissemination, Beginning at 9:00 a.m., until and Improvement Act of 1994. The SUMMARY: The U.S. Department of adjournment, approximately 12:00 Board works collaboratively with the Energy (DOE) announces the availability noon, the full Board will reconvene in Assistant Secretary for the Office of of a Final EIS entitled ‘‘Interim open session. Agenda items for this Educational research and Improvement Management of Nuclear Materials, portion of the meeting include a to forge a national consensus with Savannah River Site, Aiken, South 55368 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices
Carolina,’’ DOE/EIS–0220. The Final EIS Comments on the Draft EIS were in good working condition and provide evaluates the potential environmental considered by DOE in preparing the utilities and services, including trained impacts of actions necessary to safely Final EIS. Comments on the Draft EIS personnel, to ensure the continuation of manage nuclear materials at the and DOE’s responses to those comments the current stable configuration of the Savannah River Site (SRS) over the next are contained in Appendix F to the materials and storage areas. Materials ten years. The Final EIS was prepared Final EIS. which are candidates for stabilization in accordance with the requirements of The Final EIS, like the Draft EIS, were further subdivided into seven the National Environmental Policy Act addresses the potential environmental categories. In the Final EIS, DOE (NEPA) of 1969; Council on impacts of alternatives for the evaluated alternatives for stabilization Environmental Quality regulations management of nuclear materials at the of each material in each of the seven implementing NEPA, 40 CFR Parts SRS for a period of 10 years. Ten years categories. Alternatives evaluated in the 1500–1508; and DOE NEPA was selected as the period of analysis Final EIS for the candidates for Implementing Procedures, 10 CFR Part because it may require that period of stabilization are processing to metal, 1021. time to make and begin implementation processing to oxide, blending down to The Final EIS has been distributed to of decisions on the long-term storage or low-enriched uranium, processing and the public and filed with the ultimate disposition of these nuclear storage for vitrification (Defense Waste Environmental Protection Agency materials. Processing Facility), vitrification (F- (EPA). An EPA notice of availability was Alternatives Considered Canyon), improving storage, and published in the Federal Register continuing storage (no action). October 20, 1995 (60 FR 54226). The The purpose and need for the Alternatives evaluated for programmatic Final EIS will also be available to the Department’s action was to manage the materials in the Final EIS are processing public in DOE reading rooms identified nuclear materials at the Savannah River to metal, processing to oxide, processing Site to eliminate (where possible) the in this notice. DOE plans to issue a and storage for vitrification (Defense vulnerabilities posed by the storage Record of Decision on the Final EIS no Waste Processing Facility), vitrification condition of the materials by taking sooner than November 20, 1995. (F-Canyon), and continuing storage (no action to alter the physical or chemical ADDRESSES: Requests for copies of the action). form of the materials or to improve the Final EIS and for further information on manner in which they are stored. The Preferred Alternatives the Final EIS should be directed to: continued storage of some of these Andrew R. Grainger, NEPA Compliance DOE selected the following preferred materials in their current condition alternatives for each category and Officer, Savannah River Operations might cause radiological exposure of Office, U.S. Department of Energy, P.O. subcategory of nuclear material workers or the public or contamination considered in the Final EIS: Box 5031, Aiken, South Carolina 29804– of the environment. In some cases, the 5031, telephone (803) 725–1523 or the material’s physical or chemical form Stable materials—Continued storage (no Information Line (800) 242–8269. poses a problem; in other cases the action) General information on the DOE material simply requires repackaging or Programmatic materials NEPA process may be obtained from movement to another location to ensure Plutonium-242—processing to oxide Ms. Carol Borgstrom, Director, Office of safe continued storage. Americium and curium—continuing NEPA Policy and Assistance (EH–42), In the Final EIS, DOE has organized storage (targets); vitrification U.S. Department of Energy, 1000 the inventory of nuclear materials at the (F-Canyon) (solutions) Independence Avenue, SW., SRS into three categories: stable Neptunium—processing to oxide Washington, D.C. 20585–0119. Ms. materials, candidates for stabilization, Candidates for Stabilization Borgstrom may be reached by telephone and programmatic materials. Stable H-Canyon plutonium-239 solutions— at (202) 586–4600 or by leaving a materials are already in physical and processing to oxide message at (800) 472–2756. chemical forms that, combined with H-Canyon enriched uranium solutions—blending down to low- SUPPLEMENTARY INFORMATION: their storage configurations, do not currently pose an environmental, safety, enriched uranium Background or health concern and are not likely to Plutonium and uranium stored in DOE issued the Draft Interim pose a concern over the next 10 years. vaults—four preferred alternatives Management of Nuclear Materials EIS Materials that are candidates for (improved storage, processing to for public comment and the EPA stabilization are those for which DOE metal, processing to oxide, published a Notice of Availability in the has identified a number of vitrification Federal Register on March 17, 1995 (60 environmental, safety, and health (F-Canyon); selection to be based on FR 14432). DOE published a vulnerabilities associated with their inspection of material corresponding NOA for the Draft EIS on continued storage in their current Mark-31 targets—processing to metal April 6, 1995 (60 FR 17523). The public physical state or the manner in which Mark-16 and Mark-22 fuel— comment period, which began with they are stored. Programmatic materials continuing storage (no action) publication of the EPA NOA, ended on contain special isotopes that could be Other aluminum-clad targets— May 1, 1995. Two public meetings, one needed to support DOE programs. In continuing storage (no action) in North Augusta, South Carolina, and many cases, the current forms of Taiwan Research Reactor and one in Savannah, Georgia, were held programmatic materials pose the same Experimental Breeder Reactor II during the comment period. DOE vulnerabilities as the candidates for targets—processing to metal revised the Draft EIS as appropriate in stabilization. DOE considered environmental response to comments received Since stable materials do not require factors, programmatic requirements, electronically, in letters, and at the stabilization to ensure their continued costs, management schedules, and other public meetings. DOE also considered a safe management the only alternative factors described in the Final EIS in Defense Nuclear Facilities Safety Board considered was continued storage (no determining the preferred alternatives (DNFSB) staff report dated August 3, action). Under this alternative, DOE for management of the nuclear materials 1995. would maintain management facilities at the SRS. DOE is continuing to Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55369 evaluate alternatives for management of National Laboratory, Northern New Federal Energy Regulatory Mark-16 and Mark-22 fuels and other Mexico Community College, 1002 Onate Commission aluminum-clad targets and will Street, Espanola, NM 87352, (800)753– [Docket No. RP96±15±000] announce selection of a stabilization 8970, or (505)753–8970. alternative (other than ‘‘no action’’) at SUPPLEMENTARY INFORMATION: Alabama-Tennessee Natural Gas least 30 days prior to issuing a record Company; Notice of Proposed of decision for the management of these Purpose of the Board Changes in FERC Gas Tariff materials. The purpose of the Board is to make Availability of Copies of the Final EIS October 25, 1995. recommendations to DOE and its Take notice that on October 19, 1995, Copies of the Final EIS have been regulators in the areas of environmental Alabama-Tennessee Natural Gas distributed to Federal, State, and local restoration, waste management, and Company (Alabama-Tennessee), officials and agencies; to organizations related activities. tendered for filing to become part of its and individuals known to be interested FERC Gas Tariff, Second Revised Tentative Agenda in the EIS, and to persons and agencies Volume No. 1, the following revised that commented on the draft EIS. Tuesday, November 14, 1995 tariff sheets, to be made effective Additional copies may be obtained by December 1, 1995: contacting Mr. Grainger as indicated 6:30 pm Call to Order and Welcome above. Copies of the Final EIS will be First Revised Sheet No. 91 7:00 pm Input from the Public Second Revised Sheet No. 92 available for public review at the following locations: 8:00 pm Sub-Committee Reports According to Alabama-Tennessee, the U.S. Department of Energy, Headquarters, 10:00 pm Adjourn purpose of its submission is to amend Freedom of Information Reading Room, its tariff to reflect the requirements of 1E–190 Forrestal Building, 1000 Public Participation Order Nos. 577, 60 FR 16,979 (April 4, 1995), and 577–A, 60 FR 30,186 (June 8, Independence Avenue, SW, Washington, The meeting is open to the public. D.C. 20585, (202) 586–6020. Monday– 1995), and the Commission’s Written statements may be filed with Friday: 9:00 a.m. to 4:00 p.m. requirements set forth at 18 CFR U.S. Department of Energy, Savannah River the Committee either before or after the 284.243(h), with respect to short-term Operations Office, Public Reading Room, meeting. Individuals who wish to make capacity releases. Gregg-Graniteville Library, 2nd Floor, oral statements pertaining to agenda University of South Carolina–Aiken Alabama-Tennessee has requested items should contact Ms. Lisa Roybal, at that the Commission grant such waivers Campus, University Parkway, Aiken, South the telephone number listed above. Carolina, (803) 648–6851. Monday– as may be necessary to accept and Thursday: 9:00 a.m. to 11:00 p.m. Friday: Requests must be received 5 days prior approve the filing as submitted. 8:00 a.m. to 5:00 p.m. Saturday: 9:00 a.m. to the meeting and reasonable provision Any person desiring to be heard or to to 1:00 p.m. Sunday 2:00 p.m. to 11:00 will be made to include the presentation protest said filing should file a motion p.m. in the agenda. The Designated Federal to intervene or protest with the Federal Issued at Washington, D.C., October 24, Official is empowered to conduct the Energy Regulatory Commission, 888 1995. meeting in a fashion that will facilitate First Street, NE., Washington, DC 20426, John A. Ford, the orderly conduct of business. This in accordance with Rule 211 or Rule 214 Director, Savannah River Office, Office of notice is being published less than 15 of the Commission’s Rules of Practice Environmental Management. days before the date of the meeting, due and Procedure (18 CFR 385.211 and [FR Doc. 95–26963 Filed 10–30–95; 8:45 am] to programmatic issues that had to be 385.214). All such motions or protests BILLING CODE 6450±01±P resolved prior to publication. should be filed on or before November 1, 1995. Protests will be considered by Minutes the Commission in determining the Environmental Management Site- appropriate action to be taken but will The minutes of this meeting will be Specific Advisory Board, Department not serve to make protestants a party to available for public review and copying of Energy/Los Alamos National the proceeding. Any person wishing to at the Freedom of Information Public Laboratory become a party to the proceeding must Reading Room, 1E–190, Forrestal AGENCY: Department of Energy. file a motion to intervene. Copies of this Building, 1000 Independence Avenue, filing are on file with the Commission ACTION: Notice of open meeting. SW, Washington, DC 20585 between and are available for public inspection. 9:00 a.m. and 4 p.m., Monday-Friday, SUMMARY: Pursuant to the provisions of Lois D. Cashell, except Federal holidays. Minutes will the Federal Advisory Committee Act Secretary. also be available by writing to Herman (Pub. L. 92–463, 86 Stat. 770) notice is [FR Doc. 95–26902 Filed 10–30–95; 8:45 am] Le-Doux, Department of Energy, Los hereby given of the following Advisory BILLING CODE 6717±01±M Committee meeting: Environmental Alamos Area Office, 528 35th Street, Los Management Site-Specific Advisory Alamos, NM 87185–5400. Board (EM SSAB), Los Alamos National Issued at Washington, DC on October 26, [Docket No. TM96±1±119±002] Laboratory. 1995. Young Gas Storage Company, Ltd.; DATES: Tuesday, November 14, 1995: Rachel M. Samuel, Notice of Filing 6:30 pm–10:00 pm; 7:00 pm to 8:00 pm Acting Deputy Advisory Committee (public comment session). Management Officer. October 25, 1995. ADDRESSES: Los Alamos County [FR Doc. 95–26966 Filed 10–30–95; 8:45 am] Take notice that on October 19, 1995, Community Building, 475 20th Street, BILLING CODE 6450±01±P Young Gas Storage Company, Ltd. Los Alamos, New Mexico 87544. (Young) filed to become part of its FERC FOR FURTHER INFORMATION CONTACT: Ms. Gas Tariff, Original Volume No. 1, the Lisa Roybal, EM SSAB, Los Alamos following tariff sheet. 55370 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices
Substitute Original Sheet No. 5 Protests will be considered by the (Southern) submitted for filing the Young states the tariff sheet filed in Commission in determining the following substitute tariff sheets to its its September 25, 1995 ACA surcharge appropriate action to be taken, but will FERC Gas Tariff, Seventh Revised compliance filing, pursuant to Federal not serve to make protestants parties to Volume No. 1, with proposed effective Energy Regulatory Commission order the proceeding. Copies of this filing are dates as noted, setting forth recalculated dated September 15, 1995, contained a on file with the Commission and are interruptible rates, inclusive of gas pagination error. Young’s filing corrects available for public inspection in the supply realignment (GSR) costs, for the previously filed tariff sheet. Public Reference Room. contesting parties under the Stipulation Young states that copies of this filing Lois D. Cashell, Agreement in Docket Nos. RP89–224– have been served on Young’s Secretary. 012, et al., dated March 15, 1995 for all jurisdictional customers and public [FR Doc. 95–26903 Filed 10–30–95; 8:45 am] rate effective periods covered by Docket bodies. BILLING CODE 6717±01±M Nos. RP94–67–000, et al., based on the Any person desiring to protest said interruptible billing determinants filing should file a protest with the [Docket No. RP96±14±000] established by the Commission in its Federal Energy Regulatory Commission, Order. 888 First Street, N.E., Washington, D.C. Southern Natural Gas Company; 20426, in accordance with Section Notice of Settlement Compliance Filing 385.211 of the Commission’s Rules of Practice and Procedure (18 CFR October 25, 1995. 385.211). All such protests should be Take notice that on October 19, 1995, filed on or before November 1, 1995. Southern Natural Gas Company
Tariff sheet Effective date
Second Substitute Second Revised Sheet No. 18 ...... January 1, 1994. Second Substitute Fourth Revised Sheet No. 18 ...... March 1, 1994. Third Substitute Fifth Revised Sheet No. 18 ...... April 1, 1994. Third Substitute Seventh Revised Sheet No. 18 ...... July 1, 1994. First Substitute First Alternate First Substitute Eighth Revised Sheet No. 18 ...... October 1, 1994. First Revised First Substitute First Alternate First Substitute Eighth Revised Sheet No. 18 ...... November 1, 1994. Second Substitute First Alternate Ninth Revised Sheet No. 18 ...... January 1, 1995. First Revised First Substitute First Alternate Ninth Revised Sheet No. 18 ...... March 1, 1995. First Substitute Tenth Revised Sheet No. 18 ...... April 1, 1995. Second Substitute Eleventh Revised Sheet No. 18 ...... July 1, 1995. Second Substitute Twelfth Revised Sheet No. 18 ...... October 1, 1995.
Southern states that copies of the [Docket No. RP95±197±005] capacity which will be available for filing were served upon Southern’s more than 1 month but less than 12 customers and interested state Transcontinental Gas Pipe Line months (iii) revise Section 49.1(c) to Corporation; Notice of Proposed commissions. provide a minimum bid period of 30 Changes in FERC Gas Tariff Any person desiring to be heard or to business days for firm capacity which becomes available for 12 months or protest said filing should file a motion October 25, 1995. longer (iv) revise Section 48.2 of its to intervene or protest with the Federal Take notice that on October 19, 1995, General Terms and Conditions to Energy Regulatory Commission, 888 Transcontinental Gas Pipe Line Corporation (Transco) tendered for provide for a minimum bid period of 15 First Street, N.E., Washington, D.C. days for capacity subject to the right of 20426, in accordance with Rules 211 or filing certain revised tariff sheets to its FERC Gas Tariff, Third Revised Volume first refusal and (v) revise Section 43.3 214 of the Commission’s Rules of No. 1, which tariff sheets are of the General Terms and Conditions to Practice and Procedure. All such enumerated in Appendix A attached to provide that the posting requirement motions or protests should be filed on the filing. Such tariff sheets are applies to any affiliate, not just a or before November 1, 1995. Protests proposed to be effective October 4 and marketing affiliate. In compliance with will be considered by the Commission November 1, 1995. the October 4 Order, Transco is in determining the appropriate action to Transco states that the purpose of the submitting the revised tariff sheets be taken, but will not serve to make instant filing is to revise currently contained in Appendix A. protestants parties to the proceeding. effective tariff provisions to comply Transco respectfully requests that the Any person wishing to become a party with the October 4, 1995 ‘‘Order Commission grant a waiver of Section must file a motion to intervene. Copies Following Technical Conference’’ 154.22 of its Regulations, and any other of Southern’s filing are on file with the (October 4 Order) which directed waivers that may be necessary, in order Commission and are available for public Transco, among other things, to (i) that the enclosed tariff sheets, be made inspection. clarify that Section 49 of its General effective as proposed herein. Lois D. Cashell, Terms and Conditions only applies to Transco states that it is serving copies Secretary. existing capacity and to provide a of the instant filing to its customers, detailed explanation of the type of State Commissions and interested [FR Doc. 95–26904 Filed 10–30–95; 8:45 am] existing capacity that may become parties to Docket No. RP95–197. BILLING CODE 6717±01±M available that would be subject to the Any person desiring to protest said requirements of Section 49(ii) revised filing should file a protest with the Section 49.1(b) to provide a minimum Federal Energy Regulatory Commission, bid period of 5 business days for firm 888 First Street, NE., Washington, DC Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55371
20426, in accordance with Section [Docket No. RP95±149±000] inspection in the Public Reference 385.211 of the Commission’s Rules and Room. ANR Pipeline Company; Notice Regulations. All such protests should be Lois D. Cashell, Rescheduling Settlement Conference filed on or before November 1, 1995. Secretary. Protests will be considered by the October 25, 1995. [FR Doc. 95–26908 Filed 10–30–95; 8:45 am] Commission in determing the Take notice that an informal BILLING CODE 6717±01±M appropriate action to be taken, but will settlement conference previously not serve to make protestants parties to scheduled for Monday, November 6, [Docket No. RP95±28±002] the proceeding. Copies of this filing are 1995, has been rescheduled, and will on file with the Commission and are now be convened in this proceeding on Williams Natural Gas Company; Notice available for public inspection in the Monday, November 13, 1995, at 1:00 of Proposed Changes in FERC Gas Public Reference Room. p.m., at the offices of the Federal Energy Tariff Lois D. Cashell, Regulatory Commission, 888 First Street, N.E., Washington, D.C. for the October 25, 1995. Secretary. purpose of exploring the possible Take notice that on October 19, 1995, [FR Doc. 95–26905 Filed 10–30–95; 8:45 am] settlement of the above-referenced Williams Natural Gas Company (WNG) BILLING CODE 6717±01±M docket. tendered for filing to become part of its Any party, as defined by 18 CFR FERC Gas Tariff, Second Revised 385.102(c), or any participant as defined Volume No. 1, the following tariff [Docket No. RP95±185±009] by 18 CFR 385.102(b), is invited to sheets: attend. Persons wishing to become a To Be Effective April 30, 1995 Northern Natural Gas Company; Notice party must move to intervene and of Proposed Changes in FERC Gas First Revised Original Sheet Nos. 201–203 receive intervenor status pursuant to the Second Substitute Original Sheet No. 229B Tariff Commission’s Regulations (18 CFR and 229C 385.214). Substitute First Revised Sheet No. 230 October 25, 1995. For additional information, please contact To Be Effective July 1, 1995 Take notice that on October 20, 1995, William J. Collins (202) 208–0248 or Mary C. Northern Natural Gas Company Hain (202) 208–1087. Substitute First Revised Sheet Nos. 201–203 (Northern), tendered for filing changes Lois D. Cashell, WNG states that by order issued in its FERC Gas Tariff, Fifth Revised Secretary. November 30, 1994, the Commission Volume No. 1. [FR Doc. 95–26907 Filed 10–30–95; 8:45 am] accepted and suspended tariff sheets filed on October 31, 1994, by WNG in Northern states that this filing was BILLING CODE 6717±01±M this docket to provide for daily made in compliance of the balancing penalties at receipt and Commission’s Order issued October 5, [Docket No. RP95±120±001] delivery points where 95 percent of 1995 in Docket No. RP95–185–004 to volumes are measured by electronic clarify on Sheet No. 148 that a Small NorAm Gas Transmission Company; flow measurement equipment, subject to Customer’s tolerance and negative Notice of Filing refund and to the outcome of a technical DDVC levels apply at all times, October 25, 1995. conference. The Commission set the including when an SUL is called. Take notice that on October 19, 1995, effective date of the tariff sheets as the Northern states that copies of this NorAm Gas Transmission Company earlier of April 30, 1995 or the filing were served upon the company’s (NGT) tendered for filing to become part completion of the review of the customers and interested State of its FERC Gas Tariff, Fourth Revised technical conference. By order issued Commissions. Volume No. 1, the following tariff sheets October 4, 1995, the Commission to be effective October 4, 1995: accepted WNG’s proposal for daily Any person desiring to protest said balancing penalties, subject to WNG filing should file a protest with the First Revised Sheet No. 231 submitting revised tariff sheets with Federal Energy Regulatory Commission, First Revised Sheet No. 231A clarifications. WNG states that the Second Revised Sheet No. 232 888 First Street, NE., Washington, DC., instant filing is being made to clarify 20426, in accordance with Section NGT states that it is filing such tariff WNG’s daily balancing penalty 385.211 of the Commission’s Rules and sheets in compliance with the provisions. Regulations. All such protests must be Commission’s October 4, 1995, Order WNG states that a copy of its filing filed on or before November 1, 1995. All Following Technical Conference. was served on all participants listed on protests will be considered by the Any person desiring to protest said the service lists maintained by the Commission in determining the filing should file a protest with the Commission in the docket referenced appropriate action to be taken in this Federal Energy Regulatory Commission, above and on all of WNG’s jurisdictional proceeding, but will not serve to make 888 First Street, N.E., Washington, D.C. customers and interested state protestant a party to the proceeding. 20426, in accordance with Rule 211 of commissions. Copies of this filing are on file with the the Commission’s Rules of Practice and Any person desiring to protest said Commission and are available for Procedure (18 CFR 385.211). All such filing should file a protest with the inspection. protests should be filed on or before Federal Energy Regulatory Commission, November 1, 1995. Protests will be 888 First Street, N.E., Washington, D.C. Lois D. Cashell, considered by the Commission in 20426, in accordance with Section Secretary. determining the appropriate action to be 385.211 of the Commission’s Rules and [FR Doc. 95–26906 Filed 10–30–95; 8:45 am] taken, but will not serve to make Regulations. All such protests should be BILLING CODE 6717±01±M protestants parties to the proceeding. filed on or before November 1, 1995. Copies of this filing are on file with the Protests will be considered by the Commission and are available for public Commission in determining the 55372 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices appropriate action to be taken, but will for filing with the Federal Energy Columbia Gulf made lump sum partial not serve to make protestants parties to Regulatory Commission (Commission) refunds to its customers for the period the proceedings. Copies of this filing are its Refund Report made to comply with November 30, 1990 through November on file with the Commission and are the Commission’s order dated April 16, 30, 1991 in the amount of available for public inspection in the 1992, and the April 17, 1995, Offer of $6,719,302.27, including interest. Public Reference Room. Settlement filed in Docket Nos. GP94– Article III of the Customer Settlement Lois D. Cashell, 02, et al. (Customer Settlement) as provides for the partial payment of Secretary. approved by the Commission on June refunds in Columbia Gulf Docket No. [FR Doc. 95–26909 Filed 10–30–95; 8:45 am] 15, 1995. RP90–107 within 30 days after the date Columbia Gas states that the report of an initial order of United States BILLING CODE 6717±01±M shows that on August 28, 1995, Bankruptcy Court for the District of Columbia made lump sum partial Delaware (Bankruptcy Court) approving [Docket Nos. RP92±134±014 and RP93±15± refunds to its customers for the period such partial payment. The Bankruptcy 010] July 1, 1991 through November 30, 1991 Court issued an order approving a in the amount of $30,116,553.70 partial payment on August 4, 1995. Southern Natural Gas Company; ($23,159,674.39 principal and Any person desiring to protest said Notice of Settlement Compliance Filing $6,956,879.31 interest). filing should file a protest with the October 25, 1995. Article III of the Customer Settlement Federal Energy Regulatory Commission, Take notice that on October 19, 1995, provides for the partial payment of 888 First Street, N.E., Washington, DC Southern Natural Gas Company refunds in Columbia Docket No. RP90– 20426, in accordance with Rule 211 of (Southern) submitted for filing to 108 within 30 days after the date of an the Commission’s Rules of Practice and become part of its FERC Gas Tariff, initial order of the United States Procedure (18 CFR 385.211). All such Seventh Revised Volume No. 1, certain Bankruptcy Court for the District of protests should be filed on or before revised tariff sheets with the proposed Delaware (Bankruptcy Court) approving November 1, 1995. Protests will be effective dates as noted. such partial payment. The Bankruptcy considered by the Commission in Southern states that these tariff sheets Court issued an order approving a determining the appropriate action to be (1) set forth recalculated base tariff rates partial payment on August 4, 1995. taken, but will not serve to make for contesting parties under the Any person desiring to protest said protestants parties to the proceeding. Stipulation and Agreement in Docket filing should file a protest with the Copies of Columbia Gulf’s filings are on Nos. RP89–224–012, et al., dated March Federal Energy Regulatory Commission, file with the Commission and are 15, 1995 (Stipulation), (2) implement 888 First Street NE., Washington, DC available for public inspection. various provisions of the Stipulation, 20426, in accordance with Rule 211 of Lois D. Cashell, and (3) comply with various merit the Commission’s Rules of Practice and Secretary. determinations made by the Procedure (18 CFR 385.211). All such [FR Doc. 95–26912 Filed 10–30–95; 8:45 am] protests should be filed on or before Commission in its Order. BILLING CODE 6717±01±M Southern states that copies of the November 1, 1995. Protests will be filing were served upon Southern’s considered by the Commission in customers and interested state determining the appropriate action to be [Docket No. GT96±14±000] commissions. taken, but will not serve to make the Any person desiring to protest said protestants parties to the proceeding. Northwest Pipeline Corporation; Notice filing should file a protest with the Copies of this filing are on file with the of Refund Report Federal Energy Regulatory Commission, Commission and are available for public October 25, 1995. 888 First Street, N.E., Washington, D.C. inspection. Take notice that on October 19, 1995, 20426, in accordance with Rule 211 of Lois D. Cashell, Northwest Pipeline Corporation the Commission’s Rules of Practice and Secretary. (Northwest) tendered for filing with the Procedure. All such protests should be [FR Doc. 95–26911 Filed 10–30–95; 8:45 am] Federal Energy Regulatory Commission filed on or before November 1, 1995. BILLING CODE 6717±01±M (Commission) a refund report in the Protests will be considered by the above referenced docket. Commission in determining the Northwest states that on September appropriate action to be taken, but will [Docket No. RP90±107±026] 29, 1995, it received $775,611 from the not serve to make protestants parties to Gas Research Institute (GRI) which the proceeding. Copies of Southern’s Columbia Gulf Transmission Company; Notice of Refund Report represented an overcollection of the filing are on file with the Commission 1994 GRI funding target level set for and are available for public inspection. October 25, 1995. Northwest by GRI. This refund is in Lois D. Cashell, Take notice that on September 29, compliance with the Stipulation and Secretary. 1995, Columbia Gulf Transmission Agreement Concerning Post-1993 GRI [FR Doc. 95–26910 Filed 10–30–95; 8:45 am] Company (Columbia Gulf) tendered for Funding Mechanism in Docket No. BILLING CODE 6717±01±M filing with the Federal Energy RP92–133–001 (Phase I) and the Regulatory Commission (Commission) Commission’s February 22, 1995 Order its Refund Report made to comply with Approving Refund Methodology for [Docket No. RP90±108±028] the Commission’s order dated April 16, 1994 Overcollections in Docket No. Columbia Gas Transmission 1992, and the April 17, 1995 Offer of RP95–124–000. On October 13, 1995, Corporation; Notice of Refund Report Settlement filed in Docket Nos. RP90– Northwest states that it credited this 107, et al. (Customer Settlement) as amount to those firm customers of October 25, 1995. approved by the Commission on June Northwest who received nondiscounted Take notice that on September 29, 15, 1995. service during 1994 in proportion to the 1995, Columbia Gas Transmission Columbia Gulf states that the report GRI surcharges such customers paid Corporation (Columbia Gas) tendered shows that on August 28, 1995, during 1994. Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55373
Northwest states that a copy of this or before November 1, 1995. Protests amendment to its application in Docket filing has been served upon Northwest’s will be considered by the Commission No. CP95–650–000, pursuant to Section affected customers and upon interested in determining the appropriate action to 7(b) of the Natural Gas Act (NGA), state regulatory commissions. be taken but will not serve to make seeking authority to abandon certain Any person desiring to be heard or protestants parties to the proceeding. certificated facilities by transfer to protest said filing should file a motion Any person wishing to become a party Questar Gas Management Company to intervene or protest with the Federal must file a motion to intervene. Copies (QGM), all as more fully set forth in the Energy Regulatory Commission, 888 of this filing are on file with the amendment that is on file with the First Street, N.E., Washington, DC Commission and are available for public Commission and open to public 20426, in accordance with Sections inspection. inspection. 385.214 and 385.211 of the Lois D. Cashell, Questar Pipeline proposes, by this Commission’s Rules of Practice and Secretary. amendment, to include in the assets to Procedure. All such motions or protests [FR Doc. 95–26914 Filed 10–30–95; 8:45 am] be transferred to QGM: (1) Jurisdictional Lateral No. 17 (JL No. 17), comprising should be filed on or before November BILLING CODE 6717±01±M 1, 1995. Protests will be considered by 14,585 feet of 8-inch diameter pipeline, the Commission in determining the and associated metering and regulating appropriate action to be taken, but will [Docket No. ES96±2±000] facilities, originally referred to as the not serve to make protestants parties to Dry Piney Exchange Station, and (2) the Central Illinois Light Company; Notice the proceeding. Any person wishing to Riley Ridge M&R Station, comprising of Application become a party must file a motion to one 2-inch and one 6-inch meter run, intervene. Copies of this filing are on October 25, 1995. various valves and appurtenant facilities file with the Commission and are Take notice that on October 6, 1995, located in Section 12, Township 27 available for public inspection in the Central Illinois Light Company filed an North, Range 114 West, Sublette Public Reference Room. application under § 204 of the Federal County, Wyoming. It is stated that the Lois D. Cashell, Power Act seeking authorization to gross plant investment values for JL No. 17 and the Riley Ridge M&R Station, as Secretary. issue short-term notes, from time to of May 31, 1995, are $88,381 and [FR Doc. 95–26913 Filed 10–30–95; 8:45 am] time, in an aggregate amount not exceed $66 million principal amount $64,615, respectively. BILLING CODE 6717±01±M Questar Pipeline explains that this outstanding at any one time, during the amendment is submitted in response to period from January 1, 1996 to the intervention and protest filed by [Docket No. GT96±13±000] December 31, 1997, with final Exxon Company, U.S.A. (Exxon), in this maturities not later than December 31, Algonquin Gas Transmission proceeding on September 6, 1995. It is 1998. further explained that Questar Pipeline Company; Notice of Proposed Any person desiring to be heard or to concurs with Exxon’s assertions that Changes in FERC Gas Tariff protest said filing should file a motion Questar Pipeline’s 8-inch, 2.76-mile JL to intervene or protest with the Federal October 25, 1995. No. 17 and associated facilities should Energy Regulatory Commission, 888 Take notice that on October 19, 1995, more properly be classified as gathering First Street, NE., Washington, DC 20426, Algonquin Gas Transmission Company because JL No. 17 connects Questar in accordance with Rules 211 and 214 (Algonquin) tendered for filing a Report Pipeline’s Dry Piney gathering system of the Commission’s Rules of Practice of Gas Research Institute (GRI) Refund. with two Williams Field Services’ The refund report is being made in and Procedure (18 CFR 385.211 and gathering laterals. accordance with Ordering Paragraph C 385.214). All such motions or protests Questar Pipeline asserts that, upon of the Commission’s February 22, 1995, should be filed on or before November receipt of the requested authorizations, Order Approving Refund Methodology 5, 1995. Protests will be considered by QGM will own and operate these for 1994 Overcollections in GRI’s Docket the Commission in determining the facilities as part of its nonjurisdictional No. RP95–124–000. appropriate action to be taken, but will gathering system, exempt from the Algonquin states it has flowed not serve to make the protestants parties Commission’s jurisdiction under NGA through its share of the GRI refund as a to the proceeding. Any person wishing Section 1(b). credit on the October 7, 1995, invoices to become a party must file a motion to Any person desiring to be heard or to to its eligible firm customers. Algonquin intervene. Copies of this filing are on make any protest with reference to said states that the refund totalling file with the Commission and are amendment to the application should $683,921.00 represented GRI’s available for public inspection. on or before November 15, 1995, file overcollection of GRI surcharges for the Lois D. Cashell, with the Federal Energy Regulatory period January 1, 1994 through Secretary. Commission, Washington, DC 20426, a December 31, 1994. [FR Doc. 95–26915 Filed 10–30–95; 8:45 am] motion to intervene or a protest in Algonquin notes that a copy of this BILLING CODE 6717±01±M accordance with the requirements of the filing is being served upon each affected Commission’s Rules of Practice and customer and interested state Procedure (18 CFR 385.214 or 385.211) commissions. [Docket No. CP95±650±002] and the Regulations under the Natural Any person desiring to be heard or to Questar Pipeline Company; Notice of Gas Act (18 CFR 157.10). All protests protest said filing should file a motion Amendment to Application filed with the Commission will be to intervene or protest with the Federal considered by it in determining the Energy Regulatory Commission, 888 October 25, 1995. appropriate action to be taken but will First Street, NE., Washington, DC 20426, Take notice that on October 20, 1995, not serve to make the protestants parties in accordance with 18 CFR 385.211 and Questar Pipeline Company (Questar to the proceeding. Any person wishing 385.214 of the Commission’s Rules of Pipeline), 79 South State Street, Salt to become a party to a proceeding or to Practice and Procedure. All such Lake City, Utah 84111, filed in Docket participate as a party in any hearing motions or protests should be filed on No. CP95–650–002 a second therein must file a motion to intervene 55374 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices in accordance with the Commission’s certain information as required by the 9. Virginia Electric and Power Rules. Commission’s January 19, 1995, order in Company Take further notice that, pursuant to Docket No. ER94–1691–000. Copies of [Docket No. ER95–1383–002] the authority contained in and subject to AIG’s informational filing are on file the jurisdiction conferred upon the with the Commission and are available Take notice that on October 13, 1995, Federal Energy Regulatory Commission for public inspection. Virginia Electric and Power Company by Sections 7 and 15 of the Natural Gas tendered for filing its refund report in Act and the Commission’s Rules of 4. KCS Power Marketing, Inc. the above-referenced docket. Practice and Procedure, a hearing will [Docket No. ER95–208–003] Comment date: November 6, 1995, on be held without further notice before the accordance with Standard Paragraph E Commission or its designee on this Take notice that on October 11, 1995, at the end of this notice. application if no motion to intervene is KCS Power Marketing, Inc. (KPM) filed filed within the time required herein, if certain information as required by the 10. Otter Tail Power Company the Commission on its own review of Commission’s March 2, 1995, order in [Docket No. ER95–1555–000] the matter finds that permission and Docket No. ER95–208–000. Copies of approval for the proposed abandonment KPM’s informational filing are on file Take notice that on October 10, 1995, are required by the public convenience with the Commission and are available Otter Tail Power Company tendered for filing an amendment in the above- and necessity. If a motion for leave to for public inspection. intervene is timely filed, or if the referenced docket. Commission on its own motion believes 5. Wilson Power & Gas Smart, Inc. Comment date: November 6, 1995, in that a formal hearing is required, further [Docket No. ER95–751–003] accordance with Standard Paragraph E notice of such hearing will be duly at the end of this notice. given. Take notice that on October 10, 1995, 11. USGen Power Services, L.P. Under the procedure herein provided Wilson Power & Gas Smart, Inc. filed for, unless otherwise advised, it will be certain information as required by the [Docket No. ER95–1625–000] Commission’s letter order dated April unnecessary for Questar Pipeline to Take notice that on October 17, 1995, 25, 1995, in Docket No. ER95–751–000. appear or be represented at the hearing. USGen Power Services, L.P. filed an Lois D. Cashell, Copies of Wilson Power & Gas Smart amendment to its application under Secretary. Inc.’s informational filing are on file Section 205 of the Federal Power Act. [FR Doc. 95–26916 Filed 10–30–95; 8:45 am] with the Commission and are available for public inspection. Comment date: November 6, 1995, in BILLING CODE 6717±01±M accordance with Standard Paragraph E 6. Delhi Energy Services, Inc. at the end of this notice. [Docket No. ER94±1181±005, et al.] [Docket No. ER95–940–002] 12. New York State Electric & Gas Corporation C.C. Pace Energy Services, et al.; Take notice that on October 18, 1995, Electric Rate and Corporate Regulation Delhi Energy Services, Inc. (Delhi) filed [Docket No. ER95–1678–000] Filings certain information as required by the Take notice that on October 6, 1995, Commission’s order dated June 1, 1995, October 23, 1995 New York State Electric & Gas Take notice that the following filings in Docket No. ER95–940–000. Copies of Corporation tendered for filing an have been made with the Commission: Delhi’s informational filing are on file amendment in the above-referenced with the Commission and are available docket. 1. C.C. Pace Energy Services for public inspection. Comment date: November 6, 1995, in [Docket No. ER94–1181–005] 7. Southwestern Public Service accordance with Standard Paragraph E Take notice that on October 18, 1995, Company at the end of this notice. C.C. Pace Energy Services, Inc. filed certain information as required by the [Docket No. ER95–1138–002] 13. Commonwealth Edison Company Commission’s order dated July 25, 1994, Take notice that on October 2, 1995, [Docket No. ER96–42–000] in Docket No. ER94–1181–000. Copies Southwestern Public Service Company Take notice that on October 6, 1995, of C.C. Pace Energy Services, Inc.’s tendered for filing a compliance filing in Commonwealth Edison Company informational filing are on file with the the above-referenced docket. Comment (ComEd) submitted a Service Agreement Commission and are available for public date: November 6, 1995, in accordance establishing InterCoast Power Marketing inspection. with Standard Paragraph E at the end of Company (InterCoast) as a customer 2. Ashton Energy Corporation this notice. under the terms of ComEd’s Power Sales Tariff PS–1 (PS–1 Tariff). The [Docket No. ER94–1246–005] 8. Cleveland Electric Illuminating Commission has previously designated Take notice that on October 10, 1995, Company the PS–1 Tariff as FERC Electric Tariff, Ashton Energy Corporation (Ashton Original Volume No. 2. Energy) filed certain information as [Docket No. ER95–1194–001] required by the Commission. Copies of Take notice that on October 12, 1995, ComEd requests an effective date of Ashton Energy’s informational filing are Cleveland Electric Illuminating September 6, 1995, and accordingly seeks waiver of the Commission’s on file with the Commission and are Company tendered for filing revisions to requirements. Copies of this filing were available for public inspection. the June 9, 1995, filing in the above- served upon InterCoast and the Illinois 3. AIG Trading Corporation referenced docket. Commerce Commission. [Docket No. ER94–1691–007] Comment date: November 6, 1995, in Comment date: November 6, 1995, in Take notice that on October 10, 1995, accordance with Standard Paragraph E accordance with Standard Paragraph E AIG Trading Corporation (AIG) filed at the end of this notice. at the end of this notice. Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55375
14. Wisconsin Power and Light 17. MidAmerican Energy Company Kentucky Public Service Commission, Company [Docket No. ER96–54–000] Public Utilities Commission of Ohio and [Docket No. ER96–51–000] the Indiana Utility Regulatory Take notice that on October 10, 1995, Commission. MidAmerican Energy Company Take notice that on October 10, 1995, Comment date: November 6, 1995, in (MidAmerican) filed with the Wisconsin Power and Light Company accordance with Standard Paragraph E Commission an Umbrella Service (WP&L), tendered for filing a signed at the end of this notice. Service Agreement under WP&L’s Bulk Agreement with Electric Clearinghouse, Power Tariff between itself and Inc. (ECI) dated September 25, 1995, 20. Allegheny Power Service Engelhard Power Marketing, Inc. WP&L entered into pursuant to Section 4.0 of Corporation on behalf of West Penn respectfully requests a waiver of the MidAmerican’s Point-to-Point Power Company Transmission Service Tariff which was Commission’s notice requirements, and [Docket No. ER96–57–000] an effective date of September 10, 1995. accepted for filing by the Commission in Take notice that on October 10, 1995, Comment date: November 6, 1995, in Docket No. ER95–1542–000. MidAmerican requests an effective Allegheny Power Service Corporation, accordance with Standard Paragraph E on behalf of West Penn Power at the end of this notice. date of September 25, 1995, and accordingly seeks a waiver of the Company, submitted Supplement No. 5 15. Rochester Gas and Electric Commission’s notice requirement. to reduce rates for FERC Electric Tariff Corporation MidAmerican has served a copy of the First Revised Volume No. 1. The annual rate decrease proposed in Supplement [Docket No. ER96–52–000] filing on ECI, the Iowa Utilities Board, the Illinois Commerce Commission and No. 5 results from a March 1995 Take notice that on October 10, 1995, the South Dakota Public Utilities legislated reduction in the West Virginia Rochester Gas and Electric Corporation Commission. Business & Occupation Tax. (RG&E), tendered for filing a Service Comment date: November 6, 1995, in Copies of the filing were served upon Agreement for acceptance by the accordance with Standard Paragraph E the jurisdictional customers and the Federal Energy Regulatory Commission at the end of this notice. Public Utility Commission. (Commission) between RG&E and Koch Comment date: November 6, 1995, in Power Service, Inc. The terms and 18. Public Service Electric and Gas Company accordance with Standard Paragraph E conditions of service under this at the end of this notice. Agreement are made pursuant to RG&E’s [Docket No. ER96–55–000] 21. Allegheny Power Service FERC Electric Rate Schedule, Original Take notice that on October 10, 1995, Corporation, on behalf Monongahela Volume I (Power Sales Tariff) Public Service Electric and Gas Power Company The Potomac Edison acceptance by the Commission in Company (PSE&G), tendered for filing Company West Penn Power Company Docket No. ER94–1279. RG&E also has an initial rate schedule to provide fully requested waiver of the 60-day notice interruptible transmission service to [Docket No. ER96–58–000] provision pursuant to 18 CFR 35.11. Englehard Power Marketing, Inc., for Take notice that on October 10, 1995, A copy of this filing has been served delivery of non-firm wholesale electrical Allegheny Power Service Corporation on the Public Service Commission of the power and associated energy output on behalf of Monongahela Power State of New York. utilizing the PSE&G bulk power Company, The Potomac Edison Comment date: November 6, 1995, in transmission system. Company and West Penn Power accordance with Standard Paragraph E Comment date: November 6, 1995, in Company (the APS Companies) filed a at the end of this notice. accordance with Standard Paragraph E Network Transmission Service Tariff at the end of this notice. 16. MidAmerican Energy Company and Point-to-Point Transmission Service 19. Cinergy Services, Inc. Tariff under which the APS Companies [Docket No. ER96–53–000] propose to offer open access Take notice that on October 10, 1995, [Docket No. ER96–56–000] transmission services to eligible MidAmerican Energy Company Take notice that on October 10, 1995, customers at cost-based rates. The APS (MidAmerican) filed with the Cinergy Services, Inc. (CINERGY), Companies propose a December 6, 1995, Commission a Service Agreement with tendered for filing on behalf of its effective date. Sixty (60) days following Electric Clearinghouse, Inc. (ECI) dated operating companies, The Cincinnati acceptance for filing of the Tariffs, the September 25, 1995, entered into Gas & Electric Company (CG&E) and PSI APS Companies propose to cancel their pursuant to Section 4.0 of Energy, Inc. (PSI), an Electric Sales Standard Transmission Service Rate MidAmerican’s Point-to-Point Agreement, dated September 1, 1995, Schedule. APS will honor current Transmission Service Tariff which was between CINERGY, CG&E, PSI and reservations for service under the Rate accepted for filing by the Commission in Central Illinois Light Company (CILCO). Schedule for the duration of each Docket No. ER95–1542–000. The Electric Sales Agreement customer’s reservation. MidAmerican requests an effective date provides for the following service Copies of the filing have been of September 25, 1995, for the between CINERGY and CILCO. provided to the Public Utilities Agreement with ECI, and accordingly 1. Service Schedule A—Emergency Commission of Ohio, the Pennsylvania seeks a waiver of the Commission’s Service Public Utility Commission, the notice requirement. MidAmerican has 2. Service Schedule B—System Energy Maryland Public Service Commission, served a copy of the filing on ECI, the 3. Service Schedule C—Negotiated the Virginia State Corporation Iowa Utilities Board, the Illinois Capacity and Energy Commission, the West Virginia Public Commerce Commission and the South CINERGY and CILCO have requested Service Commission, and all affected Dakota Public Utilities Commission. an effective date of November 1, 1995. parties. Comment date: November 6, 1995, in Copies of the filing were served on Comment date: November 6, 1995, in accordance with Standard Paragraph E Central Illinois Light Company, the accordance with Standard Paragraph E at the end of this notice. Illinois Commerce Commission, the at the end of this notice. 55376 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices
22. Central Power and Light Company Copies of this filing were served upon Comment date: November 6, 1995, in and West Texas Utilities Company Rainbow, the Louisiana Public Service accordance with Standard Paragraph E [Docket No. ER96–61–000] Commission, the Arkansas Public at the end of this notice. Service Commission, and the Oklahoma Take notice that on October 11, 1995, 28. PECO Energy Company Corporation Commission. Central Power and Light Company (CPL) A copy of the filing has been sent to [Docket No. ER96–67–000] and West Texas Utilities Company Rainbow, the Louisiana Public Service (WTU) (jointly, ‘‘the Companies’’) Take notice that on October 11, 1995, Commission, the Arkansas Public PECO Energy Company (PECO) filed a submitted a Transmission Service Service Commission and the Oklahoma Agreement, dated September 14, 1995, Service Agreement dated August 29, Corporation Commission. 1995, with Central Illinois Public establishing NorAm Energy Services Comment date: November 6, 1995, in (‘‘NorAm’’) as a customer under the Service Company (CIPS) under PECO’s accordance this Standard Paragraph E at FERC Electric Tariff Original Volume terms of the ERCOT Coordination the end of this notice. Transmission Service Tariff. No. 1 (Tariff). The Service Agreement The Companies request an effective 25. Central Power and Light Company adds CIPS as a customer under the date of September 14, 1995, for the and West Texas Utilities Company Tariff. service agreement. Accordingly, the PECO requests an effective date of [Docket No. ER96–64–000] September 15, 1995 for the Service Companies request waiver of the Take notice that on October 11, 1995, Commission’s notice requirements. Agreement. Central Power and Light Company (CPL) PECO requests that copies of this Copies of this filing were served upon and West Texas Utilities Company NorAm and the Public Utility filing have been supplied to CIPS and to (WTU) (jointly ‘‘the Companies’’) the Pennsylvania Public Utility Commission of Texas. submitted Transmission Service Comment date: November 6, 1995, in Commission. Agreements establishing three new Comment date: November 6, 1995, in accordance with Standard Paragraph E customers under the terms of the at the end of this notice. accordance with Standard Paragraph E ERCOT Interpool Transmission Service at the end of this notice. 23. Public Service Company of Tariff. Oklahoma and Southwestern Electric The Companies request waiver of the Standard Paragraph Power Company Commission’s notice requirements. E. Any person desiring to be heard or Copies of this filing were served upon to protest said filing should file a [Docket No. ER96–62–000] the three customers and the Public Take notice that on October 11, 1995, motion to intervene or protest with the Utility Commission of Texas. Federal Energy Regulatory Commission, Public Service Company of Oklahoma Comment date: November 6, 1995, in (PSO) and Southwestern Public Service 825 North Capitol Street, N.E., accordance with Standard Paragraph E Washington, D.C. 20426, in accordance Company (SWEPCO) (jointly, ‘‘the at the end of this notice. Companies’’) submitted Transmission with Rules 211 and 214 of the Service Agreements establishing three 26. San Diego Gas & Electric Company Commission’s Rules of Practice and Procedure (18 CFR 385.211 and 18 CFR new customers under the terms of the [Docket No. ER96–65–000] 385.214). All such motions or protests Companies’ SPP Interpool Transmission Take notice that on October 11, 1995, Service Tariff. should be filed on or before the San Diego Gas & Electric Company comment date. Protests will be The Companies request waiver of the (SDG&E) tendered for filing an Commission’s notice requirements. considered by the Commission in Interchange Agreement (Agreement) determining the appropriate action to be Copies of this filing were served upon between SDG&E and Calpine Power the three customers, the Public Utility taken, but will not serve to make Marketing Inc. (Calpine). protestants parties to the proceeding. Commission of Texas, and the SDG&E requests that the Commission Any person wishing to become a party Oklahoma Corporation Commission. allow the Agreement to become effective must file a motion to intervene. Copies Comment date: November 6, 1995, in on the 15th day of December 1995 or at of this filing are on file with the accordance with Standard Paragraph E the earliest date. Commission and are available for public at the end of this notice. Copies of this filing were served upon inspection. the Public Utilities Commission of the 24. Public Service Company of Lois D. Cashell, Oklahoma and Southwestern Electric State of California and Calpine. Secretary. Power Company Comment date: November 6, 1995, in accordance with Standard Paragraph E [FR Doc. 95–26917 Filed 10–30–95; 8:45 am] [Docket No. ER96–63–000] at the end of this notice. BILLING CODE 6717±01±P Take notice that on October 11, 1995, Public Service Company of Oklahoma 27. San Diego Gas & Electric Company and Southwestern Public Service [Docket No. ER96–66–000] Company (collectively the ‘‘the Take notice that on October 11, 1995, ENVIRONMENTAL PROTECTION Companies’’) submitted a Transmission San Diego Gas & Electric Company AGENCY Service Agreement dated September 28, (SDG&E) tendered for filing an [OPPTS±00179; FRL±4987±3] 1995, establishing Rainbow Energy Interchange Agreement (Agreement) Marketing Corporation (Rainbow) as a between SDG&E and the City of Establishment of a National Advisory customer under the terms of the SPP Needles, (Needles). Committee for Acute Exposure Coordination Transmission Service SDG&E requests that the Commission Guideline Levels (AEGLs) for Tariff. allow the Agreement to become effective Hazardous Substances The Companies request an effective on the 15th day of December 1995 or at date of September 28, 1995, for the the earliest date. AGENCY: Environmental Protection service agreement. Accordingly, the Copies of this filing were served upon Agency (EPA). Companies request waiver of the the Public Utilities Commission of the ACTION: Notice. Commission’s notice requirements. State of California and Needles. Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55377
SUMMARY: EPA’s Office of Prevention, reference values for use on a national Federal Communications Commission. Pesticides and Toxic Substances basis. In addition, it is intended to have William F. Caton, (OPPTS) is giving notice of the the AEGLs reviewed by a National Acting Secretary. establishment of the National Advisory Academy of Sciences (NAS) [FR Doc. 95–26977 Filed 10–30–95; 8:45 am] Committee for Hazardous Substances for subcommittee prior to publication BILLING CODE 6712±01±M Acute Exposure Guideline Levels under the auspices of NAS. The NAS (AEGLs) that can serve as biological subcommittee will serve as a peer reference values for extremely review of the AEGLs and as the final FEDERAL ELECTION COMMISSION hazardous substances. The objective of arbitor in the resolution of issues this committee is the efficient and regarding the basic methodology used [Notice 1995±16] effective development of AEGLs and the for setting AEGLs. In 1992, the NAS preparation of supplementary published Guidelines for Developing Filing Dates for the California Special qualitative information on the Community Emergency Exposure Levels Elections hazardous substances for federal, state, for Hazardous Substances which will AGENCY: Federal Election Commission. and local agencies and organizations in serve as the methodology guidance for ACTION: Notice of Filing Dates for the private sector concerned with the development of the AEGLs. The Special Elections. emergency planning, prevention, and collaborative efforts of government response. The quantitative exposure agencies and private organizations SUMMARY: California has scheduled levels will represent biological reference through the work of the AEGL special elections on December 12 and values for the general population. The committee is seen as a good example of February 6 in the Fifteenth Agency has determined that the ‘‘reinventing government’’ and Congressional District to fill the U.S. Committee is necessary and in the represents a new, cost effective House seat vacated by Congressman public interest. approach to avoiding duplication of Norman Mineta. FOR FURTHER INFORMATION CONTACT: Paul efforts, establishing uniform values, and Committees required to file reports in Tobin, Office of Prevention, Pesticides employing the most scientifically sound connection with the Special General and Toxic Substances (7406), 401 M St., methods available for the development Election on December 12 should file a SW., Washington, DC 20460, (202) 260– of short-term exposure levels for 12-day Pre-General Report on November 1736, e-mail: extremely hazardous substances. 30. Committees required to file reports [email protected]. Dated: October 25, 1995. in connection with both the Special SUPPLEMENTARY INFORMATION: As General and Special Runoff Election to required by section 9(a)(2) of the Federal Susan H. Wayland, be held on February 6, should no Advisory Committee Act (Pub. L. 92– Assistant Administrator for Prevention, candidate achieve a majority vote, must 463), EPA’s Office of Prevention, Pesticides and Toxic Substances. file a 12-day Pre-General Report, a 12- day Pre-Runoff Report on January 25, Pesticides, and Toxic Substance [FR Doc. 95–26958 Filed 10–30–95; 8:45 am] and a Post-Runoff Report on March 7, (OPPTS) is giving notice of the BILLING CODE 6560±50±F establishment of the National Advisory 1996. Committee for Acute Exposure FOR FURTHER INFORMATION CONTACT: Guideline Levels (AEGLs) for Hazardous Ms. Bobby Werfel, Information Division, Substances (NAC/AEGL Committee). FEDERAL COMMUNICATIONS 999 E Street, N.W., Washington, DC Copies of NAC/AEGL Committee’s COMMISSION 20463, Telephone: (202) 219–3420; Toll Charter will be filed with the Free (800) 424–9530. appropriate committees of Congress and SUPPLEMENTARY INFORMATION: All [Correction to Report No. 2108] the Library of Congress. principal campaign committees of The NAC/AEGL Committee will be Petition for Reconsideration of Action candidates in the Special General and composed of scientist-representatives in Rulemaking Proceedings Special Runoff Elections and all other from federal, state, and local agencies political committees not filing monthly and organizations from the private October 26, 1995. which support candidates in these sector with an interest in emergency elections shall file a 12-day Pre-General Report No. 2108, released October 23, planning, prevention, and response Report on November 30, with coverage 1995 omitted the below Petition for programs for acutely toxic chemicals. dates from the close of the last report Reconsideration. Therefore this petition Organizations with scientist- filed, or the day of the committee’s first is hereby added and the opposition date representatives from the private sector activity, whichever is later, through remains the same. include medical associations, labor November 22, a 12-day Pre-Runoff unions, environmental groups, Subject: Amendment of Parts 2 and 90 Report on January 25, with coverage academia, private corporations, and the of the Commission’s Rules to Provide dates from November 23 through American Industrial Hygiene for the Use of 200 Channels Outside January 17, and a Post-Runoff Report on Association. The Committee will the Designated Filing Area in the 896– March 7, with coverage dates from employ consistent methodology and 901 MHz and the 935–940 MHz Bands January 18 through February 26, 1996. utilize comprehensive data gathering, Allotted to the Specialized Mobile All principal campaign committees of data evaluation AEGL development, and Radio Pool (PR Docket No. 89–553) candidates in the Special General peer review process on a chemical-by- Implementation of Section 309(j) of the Election only and all other political chemical basis. EPA anticipates the Communications Act—Competitive committees not filing monthly which outcome of this committee’s efforts to be Bidding (PP Docket No. 93–253) support candidates in the Special the development of technical support General Election shall file a 12-day Pre- documents and the development and Implementation of Sections 3(n) and General Report on November 30, with publication of AEGL values that will 332 of the Communications Act (GN coverage dates from the close of the last serve as threshold levels for certain Docket No. 93–252) report filed, or the date of the health effect endpoints or biological Number of Petitions Filed: 2 committee’s first activity, whichever is 55378 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices later, through November 22 and a All political committees not filing filed or the date of the committee’s first consolidated Post-General and Year-End monthly which support candidates in activity, whichever is later, through Report on January 11, 1996, with the Special Runoff only shall file a 12- January 17, and a Post-Runoff Report on coverage dates from November 23 day Pre-Runoff Report on January 25, March 7, with coverage dates from through December 31, 1995. with coverage dates from the last report January 18 through February 26, 1996.
CALENDAR OF REPORTING DATES FOR CALIFORNIA SPECIAL ELECTIONS
Reg./cert. Report Close of mailing Filing date books 1 date 2
I. All Committees Involved in the Special General (12/12) and Special Runoff (2/6) Must File
Pre-General ...... 11/22/95 11/27/95 11/30/95 Pre-Runoff 3 ...... 01/17/96 01/22/96 01/25/96 Post-Runoff ...... 02/26/96 03/07/96 03/07/96
II. All Committees Involved in the Special General (12/12) Only Must File
Pre-General ...... 11/22/95 11/27/95 11/30/95 Post-General and Year-End 4 ...... 12/31/95 01/11/96 01/11/96
III. All Committees Involved in the Special Runoff (2/6) Only Must File
Pre-Runoff 3 ...... 01/17/96 01/22/96 01/25/96 Post-Runoff ...... 02/26/96 03/07/96 03/07/96 1 The period begins with the close of books of the last report filed by the committee. If the committee has filed no previous reports, the period begins with the date of the committee's first activity. 2 Reports sent by registered or certified mail must be postmarked by the mailing date; otherwise, they must be received by the filing date. 3 Because reports should not include activity for more than one calendar year, committees should file the Pre-Runoff Report on two forms. One form should cover 11/23/95±12/31/95 and be labeled ``Year-End Report.'' The other form should cover 1/1/96±1/17/96 and be labeled ``Pre-Run- off Report.'' The filing of two forms satisfies both Pre-Runoff and Year-End filing requirements. 4 Committees should file a consolidated Post-General and Year-End Report by the filing date of the Post-General Report.
Dated: October 26, 1995. determined to have been adversely SUPPLEMENTARY INFORMATION: The notice Danny L. McDonald, affected by the catastrophe declared a of a major disaster for the State of Chairman, Federal Election Commission. major disaster by the President in his Alabama dated October 4, 1995, is [FR Doc. 95–26929 Filed 10–30–95; 8:45 am] declaration of October 10, 1995: hereby amended to include the BILLING CODE 6715±01±M Rockdale County for Individual Assistance following area among those areas and Hazard Mitigation Assistance. determined to have been adversely (Catalog of Federal Domestic Assistance No. affected by the catastrophe declared a FEDERAL EMERGENCY 83.516, Disaster Assistance) major disaster by the President in his MANAGEMENT AGENCY Laura B. Buchbinder, declaration of October 4, 1995: Chilton County for Individual Assistance and [FEMA±1071±DR] Director, Interagency Planning and Liaison. [FR Doc. 95–26953 Filed 10–30–95; 8:45 am] Hazard Mitigation Assistance. Georgia; Amendment to Notice of a BILLING CODE 6718±02±P (Catalog of Federal Domestic Assistance No. Major Disaster Declaration 83.516, Disaster Assistance) Laura B. Buchbinder, AGENCY: Federal Emergency [FEMA±1070±DR] Director, Interagency Planning and Liaison Management Agency (FEMA). Division, Response and Recovery Directorate. ACTION: Notice. Alabama; Amendment to Notice of a [FR Doc. 95–26954 Filed 10–30–95; 8:45 am] Major Disaster Declaration SUMMARY: This notice amends the notice BILLING CODE 6718±02±P of a major disaster for the State of AGENCY: Federal Emergency Georgia (FEMA–1071–DR), dated Management Agency (FEMA). [FEMA±1062±DR] October 10, 1995, and related ACTION: Notice. determinations. Florida; Amendment to Notice of a EFFECTIVE DATE: October 23, 1995. SUMMARY: This notice amends the notice Major Disaster Declaration of a major disaster for the State of FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Emergency Alabama (FEMA–1070–DR), dated Pauline C. Campbell, Response and Management Agency (FEMA). October 4, 1995, and related Recovery Directorate, Federal ACTION: Notice. Emergency Management Agency, determinations. Washington, DC 20472, (202) 646–3606. EFFECTIVE DATE: October 23, 1995. SUMMARY: This notice amends the notice SUPPLEMENTARY INFORMATION: The notice FOR FURTHER INFORMATION CONTACT: of a major disaster for the State of of a major disaster for the State of Pauline C. Campbell, Response and Florida, (FEMA–1062–DR), dated Georgia dated October 10, 1995, is Recovery Directorate, Federal August 10, 1995, and related hereby amended to include the Emergency Management Agency, determinations. following area among those areas Washington, DC 20472, (202) 646–3606. EFFECTIVE DATE: October 24, 1995. Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55379
FOR FURTHER INFORMATION CONTACT: (Catalog of Federal Domestic Assistance No. by any conference to which any party Pauline C. Campbell, Response and 83.516, Disaster Assistance.) may be a member. Adherence to any Recovery Directorate, Federal Laura B. Buchbinder, agreement reached is voluntary. The Emergency Management Agency, Director, Interagency Planning and Liaison parties have requested a shortened Washington, DC 20472, (202) 646–3606. Division, Response and Recovery Directorate. review period. [FR Doc. 95–26956 Filed 10–30–95; 8:45 am] SUPPLEMENTARY INFORMATION: The notice Agreement No.: 224–002153–009 of a major disaster for the State of BILLING CODE 6718±02±P Title: Memorandum Agreement between Florida dated August 10, 1995, is hereby City of Long Beach/Westway Trading amended to include the following areas Corporation FEDERAL MARITIME COMMISSION Parties: among those areas determined to have City of Long Beach been adversely affected by the Notice of Agreement(s) Filed Westway Trading Corporation catastrophe declared a major disaster by Synopsis: The proposed amendment the President in his declaration of The Federal Maritime Commission deletes a portion of the leased August 10, 1995: hereby gives notice of the filing of the premises and adjusts the The counties of Bay, Brevard, Escambia, following agreement(s) pursuant to compensation accordingly. Okaloosa, Santa Rosa and Walton for section 5 of the Shipping Act of 1984. Agreement No.: 224–003877–005 category B under the Public Assistance Interested parties may inspect and Title: Memorandum Agreement between program. (already designated for Individual obtain a copy of each agreement at the City of Long Beach/Crescent Assistance, Hazard Mitigation Assistance and Washington, D.C. Office of the Federal Terminals, Inc. categories A, C, D, E, F, and G under Public Maritime Commission, 800 North Parties: Assistance). Capitol Street, N.W., 9th Floor. City of Long Beach (Catalog of Federal Domestic Assistance No. Interested parties may submit comments Crescent Terminals, Inc. 83.516, Disaster Assistance.) on each agreement to the Secretary, Synopsis: The proposed amendment G. Clay Hollister, Federal Maritime Commission, adjusts the compensation to be paid Deputy Associate Director, Response and Washington, D.C. 20573, within 10 days from July 1, 1995 through June 30, Recovery Directorate. after the date of the Federal Register in 2000. It also resolves the amount of [FR Doc. 95–26955 Filed 10–30–95; 8:45 am] which this notice appears. The compensation to be paid under the BILLING CODE 6718±02±P requirements for comments are found in Guaranteed Annual Minimum § 572.603 of Title 46 of the Code of Compensation provisions of the Federal Regulations. Interested persons Agreement during the term of January [FEMA±1072±DR] should consult this section before 1, 1994 through June 30, 1995. communicating with the Commission Agreement No.: 224–004003–005 Alaska; Amendment to Notice of a regarding a pending agreement. Title: City of Long Beach/Toyota Motor Major Disaster Declaration Agreement No.: 203–011305–002 Sales, U.S.A., Inc. Terminal Title: Tricontinental Service Agreement Agreement AGENCY: Federal Emergency Parties: Parties: Management Agency (FEMA). Cho Yang Shipping Co., Ltd. City of Long Beach DSR–Senator Lines Toyota Motor Sales, U.S.A., Inc. ACTION: Notice. Synopsis: The proposed amendment Synopsis: The proposed amendment removes a restriction on the capacity deletes certain areas and adds other SUMMARY: This notice amends the notice utilization of vessels operated areas to the leased premises and of a major disaster for the State of pursuant to the Agreement under adjusts the compensation accordingly. Alaska, (FEMA–1072–DR), dated Article 5.2 and provides that Agreement No.: 224–010806–004 October 13, 1995, and related voluntary ratemaking authority under Title: Port of Portland/Stevedoring determinations. Article 5.4 shall not apply in those Services of America, Inc. Management EFFECTIVE DATE: October 23, 1995. sectors of the trade covering routes to Agreement and from the European Community. Parties: FOR FURTHER INFORMATION CONTACT: The parties have requested a Port of Portland Pauline C. Campbell, Response and shortened review period. Stevedoring Services of America, Inc. Recovery Directorate, Federal Agreement No.: 203–011517 Synopsis: The proposed amendment Emergency Management Agency, Title: APL/Crowley Space Charter and extends the term of the Agreement Washington, DC 20472, (202) 646–3606. Sailing Agreement until September 30, 2000. It also SUPPLEMENTARY INFORMATION: The notice Parties: clarifies the parties responsibilities for of a major disaster for the State of American President lines, Ltd. the management of Terminal 2. Alaska dated October 13, 1995, is Crowley American Transport, Inc. Dated: October 26, 1995. hereby amended to include the Synopsis: The proposed Agreement By Order of the Federal Maritime following areas among those areas permits the parties to consult and Commission. determined to have been adversely agree upon the deployment and Joseph C. Polking, utilization of vessels, to charter space affected by the catastrophe declared a Secretary. from one another and to rationalize major disaster by the President in his [FR Doc. 95–26950 Filed 10–30–95; 8:45 am] declaration of October 13, 1995: sailings in the trade between the Caribbean Sea, Central America, and BILLING CODE 6730±01±M The Chugach Education Attendance Area, South America ports and ports in the Copper River Education Attendance Area, (the above areas include the City of Cordova, Puerto Rico. In addition, the parties Ocean Freight Forwarder License the City of Valdez and the Richardson, may discuss and agree upon rates, Applicants Copper River and Edgerton Highway Areas), rules service items, terms and and the Kodiak Island Borough for Public conditions of service contracts and Notice is hereby given that the Assistance and Hazard Mitigation Assistance. tariffs maintained by either party or following applicants have filed with the 55380 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices
Federal Maritime Commission DEPARTMENT OF THE INTERIOR Washington County, Utah. The DRMP/ applications for licenses as ocean freight DEIS also examines the potential for forwarders pursuant to section 19 of the Bureau of Land Management designations of Areas of Critical Shipping Act of 1984 (46 U.S.C. app. [UT±934±95±1610±00] Environmental Concern (ACECs) and 1718 and 46 CFR 510). Wild and Scenic Rivers. Decisions generated during this planning process Persons knowing of any reason why Dixie Resource Area Draft Resource Management Plan and Environmental will supersede land use planning any of the following applicants should Impact Statement guidance presented in the Virgin River not receive a license are requested to Management Framework Plan and contact the Office of Freight Forwarders, AGENCY: Bureau of Land Management, subsequent amendments. Federal Maritime Commission, Interior. FOR FURTHER INFORMATION CONTACT: Washington, D.C. 20573. ACTION: Notice of availability. David Everett, Team Leader, or Jim Seacrest Associates, Inc., 5550 Merrick ADDRESSES: Copies of the Dixie Draft Crisp, Area Manager, Bureau of Land Road, Suite 304, Massapequa, NY Resource Management Plan and Draft Management, Dixie Resource Area 11758, Officers: Lothar H. Kammerer, Environmental Impact Statement Office, 345 East Riverside Drive, St. President, Rose-Marie Lebel, Vice (DRMP/DEIS) may be obtained from the George, Utah 84770, telephone (801) President following Bureau of Land Management 673–4654. Miami Shuttle Express, Inc., 6016 S.W. (BLM) locations: BLM, Utah State SUPPLEMENTARY INFORMATION: The 14th Street, West Miami, FL 33144, Office, 324 South State, Information DRMP/DEIS analyzes four alternatives Access Center (4th Floor), Salt Lake Officer: Maria J. Gavito-Hernandez, to resolve the following three major City, Utah, telephone (801) 524–4110; President issues: (1) What is the most appropriate Cedar City District Office, 176 East DL use of public lands where rapid urban Perform’Air International, Inc., 2111 Sargent Drive, Cedar City, Utah 84720, development is generating problems # Welch Street B222, Houston, TX telephone (801) 865–3053; Dixie with the management of natural 77019, Officers: Jean-Jacques Goelle, Resource Area Office, 345 East Riverside resources? (2) What will the future President, Shlomit Shimrat, Secretary Drive, St. George, Utah 84770, telephone management be for outdoor recreation Pacific Multi-Modal, Inc., 840 West 12th (801) 673–4654. on public lands? (3) How will proposed Street, Long Beach, CA 90813, Comments must be received by the water storage projects influence natural Officers: Abraham L. Walker, CEO, Dixie Resource Area Office at the above resource management? Each alternative address by Wednesday, January 31, Karen L. Walker, President represents a complete management plan 1996. for the area. The alternatives can be Traffic Systems Corporation, 500 Tanca SUMMARY: In accordance with section # summarized as (A) no action or change Street 207, San Juan, Puerto Rico 102 of the National Environmental from current management, (B) emphasis 00901, Officers: Antonio Rosa Policy Act of 1970, section 202 of the on development and production, (C) the Montanez, President, Vilma Reyes Federal Land Policy and Management preferred alternative, which is a Diaz, Vice President Act of 1976 and 43 CFR part 1610, a balanced mix of management choices, Dated: October 26, 1995. draft resource management plan/draft and (D) emphasis on preservation of By the Federal Maritime Commission. environmental impact statement for the biological systems and scenic values. Dixie Resource Area, Cedar City District, Joseph C. Polking, Utah, has been prepared and is available Areas of Critical Environmental Secretary. for review and comment. The DRMP/ Concern Considered [FR Doc. 95–26949 Filed 10–30–95; 8:45 am] DEIS describes and analyzes future Eleven potential ACECs were BILLING CODE 6730±01±M options for managing 629,005 acres of considered. The proposed acreage of public land and an additional 49,130 these units varies by alternative and is acres of Federal mineral estate in displayed on the following table:
Proposed acreage by alternative Area name Critical concern ABCD
Red Bluff ...... Endangered plant species (dwarf bear-poppy); saline soils ..... 0 0 6,185 6,185 Warner Ridge-Fort Pearce ...... Endangered plant species (dwarf bear-poppy, siler cactus); 0 0 4,200 4,200 saline soils; riparian system; candidate animal species (spotted bat, gila monster); waterfowl, raptors, and non- game species. Santa Clara River-Gunlock ...... Cultural resources; candidate fish (Virgin River spinedace); ri- 0 0 2,015 2,015 parian systems; wildlife habitat (including southwestern wil- low flycatcher habitat). Santa Clara River-Land Hill ..... Cultural resources; candidate fish (Virgin River spinedace); ri- 0 0 1,605 1,605 parian systems; wildlife habitat (including southwestern wil- low flycatcher habitat). Lower Virgin River ...... Riparian system; endangered fish (woundfin minnow and Vir- 0 0 1,825 1,825 gin River chub); cultural resources (Virgin River Anasazi riverine sites); wildlife habitat. Little Creek Mountain ...... Cultural resources (Virgin Anasazi upland sites) ...... 0 0 19,405 19,405 Canaan Mountain ...... High scenic values; cultural resources (Virgin Anasazi sites) ... 0 0 31,395 31,395 Red Mountain ...... High scenic value ...... 0 0 4,960 4,960 Beaver Dam Slope ...... Threatened animal species (desert tortoise); National Natural 0 0 27,440 25,240 Landmark; scientific research; desert ecosystem. Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55381
Proposed acreage by alternative Area name Critical concern ABCD
City Creek ...... Threatened animal species (desert tortoise); wildlife habitat; 0 0 2,605 22,790 scientific research; desert ecosystem. Upper Beaver Dam Wash ...... Watershed; riparian values ...... 0 0 33,125 33,125
Management prescriptions for the recommended as suitable for outlines the river segments, totalling proposed ACECs vary by alternative and Congressional designation into the 62.63 public land river miles, that were are described in the DRMP/DEIS. National Wild and Scenic River System. determined eligible for Congressional Wild and Scenic Rivers In Alternative C (Preferred Alternative), designation. The table also identifies, by six segments, totalling 49.81 public land alternative, which eligible river In Alternative A (No Action river miles, could be determined segments could be determined suitable Alternative), BLM would not make a suitable. In Alternative D, all of the and recommended to Congress for determination as to the suitability of the eligible river segments could be designation into the NWSRS. eligible river segments. In Alternative B, no eligible river segments would be determined suitable. The following table
Potential suitability by alter- native Eligible river Segment description public lands Length in Tentative classification segments miles 1 ABCD
West Fork of Segment from the Nevada State line to near 12.79 9.31 miles Wild ...... N N Y Y Beaver Dam Motoqua. 3.48 miles Recreational ..... N N Y Y Wash. La Verkin La Verkin Creek from where the creek enters 13.98 12.98 miles Wild ...... N N Y Y Creek/Smith public lands to the north boundary of Zion 1.00 mile Recreational ...... N N Y Y Creek. National Park; then from below the Park boundary to near the confluence with the Virgin River. Smith Creek from Red Butte to confluence with La Verkin Creek. Virgin River ...... Segment A Virgin RiverÐpublic lands from the 10.07 10.07 miles Recreational ... N N N Y River's beginning near Springdale, Utah to the Washington Fields Diversion. Segment B Virgin RiverÐnear Atkinville south 7.67 211 miles Wild ...... N N Y Y to the Arizona state line. 4.46 miles Scenic ...... N N Y Y 1.10 miles Recreational ..... N N Y Y Deep Creek/ Deep Creek from where the creek enters pub- 11.69 11.69 miles Wild ...... N N Y Y Crystal Creek. lic lands to the north boundary of Zion Na- tional Park. Crystal Creek from where the creek enters public lands to the confluence with Deep Creek. Fort Pearce Fort Pearce Wash from near the historic site 0.50 0.50 mile Scenic ...... N N N Y Wash. downstream to where the free-flowing sec- tion ends. Moody Wash .... Segment B of Moody Wash below private 0.25 0.25 mile Recreational ...... N N N Y lands and above its confluence with the Santa Clara River. Santa Clara Segment B of the Santa Clara River south and 2.00 2.00 miles Recreational ..... N N N Y River. east of the Paiute Indian Reservation. North Fork of The North Fork of the Virgin River from where 0.88 0.64 mile Wild north of N N Y Y the Virgin. it enters public lands in Washington County Park. N N Y Y to the confluence of the Virgin River. 0.24 mile Recreational south of Park. Oak Creek/ River segments north of Zion National Park .... 2.80 2.80 miles Wild ...... N N Y Y Kolob Creek. 1 Lengths are approximate and include public land only.
Public meetings will be held on the Auditorium, 209 East 500 South, 6:30 Fish and Wildlife Service following dates at the following p.m. to 8:30 p.m. Endangered and Threatened Species locations: December 12, 1995, St. Dated: October 24, 1995. George, Dunford Auditorium, Val Permit Applications G. William Lamb, Browning Building, Dixie College, 2:00 State Director. AGENCY: Fish and Wildlife Service, p.m. to 4:00 p.m.; December 13, 1995, Interior. Hurricane, Senior Citizen Center, 95 [FR Doc. 95–26968 Filed 10–30–95; 8:45 am] North 300 West, 7:00 p.m. to 9:00 p.m.; BILLING CODE 4310±DQ±P ACTION: Notice of receipt of applications. December 14, 1995, Salt Lake City, Main The following applicants have Branch Salt Lake City Public Library applied for a permit to conduct certain 55382 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices activities with endangered or threatened Conservation Planning, Ecological SUPPLEMENTARY INFORMATION: species. This notice is provided Services, U.S. Fish and Wildlife Service, Committee members will comment on pursuant to section 10(c) of the 911 N.E. 11th Avenue, Portland, Oregon the final Environmental Impact Endangered Species Act of 1973, as 97232–4181. Please refer to the Statement (fEIS) for the Silvio O. Conte amended (16 U.S.C. 1531, et seq.). respective permit number for each National Fish and Wildlife Refuge, be Permit No. PRT–799486 application when submitting comments. updated on the status of the Conte Applicant: Janet Randall, San Francisco, All comments, including names and Refuge funding, receive information California. addresses, received will become part of regarding potential cooperative the official administrative record and agreements involving outreach and The applicant requests an amendment may be made available to the public. environmental education, and receive to her permit to take (capture and FOR FURTHER INFORMATION CONTACT: an educational concept plan and an remove up to 10 individuals from the Documents and other information ecosystem outreach plan (draft). wild, obtain biological samples for DNA submitted with these applications are The meetings are open to the public. analysis, and attach radio collars) the available for review, subject to the Interested persons may make oral giant kangaroo rat (Dipodomys ingens) requirements of the Privacy Act and statements to the Committee or may file in Merced, Fresno, Monterey, San Luis Freedom of Information Act, by any written statements for consideration. Obispo, Kings, Kern, and Santa Barbara party who submits a written request for Summary minutes of the meeting will Counties, California for scientific a copy of such documents, within 30 be available for public inspection during research to enhance the survival of the days of the date of publication of this regular business hours (8:30–4:00) species. notice, to the following office: U.S. Fish Monday through Friday within 30 days Permit No. PRT–802455 and Wildlife Service, Ecological following the meeting at the committee Applicant: Delbert Huebner, Clinton, Iowa. Services, Division of Consultation and coordinator’s office listed above. Personal copies may be purchased for The applicant requests a permit to Conservation Planning, 911 N.E. 11th the cost of duplication. purchase in interstate commerce one Avenue, Portland, Oregon 97232–4181. pair of Hawaiian (=nene) geese Telephone: 503–231–2063; FAX: 503– Dated: October 24, 1995. (Nesochen (=Branta) sandvicensis) from 231–6243. Please refer to the respective Cathleen I. Short, Robert and Mary Popple of Chippewa permit number for each application Acting Regional Director, Region 5 Hadley, Falls, Wisconsin, and one pair of nene when requesting copies of documents. Massachusetts. geese from Roberta Howell of Muldrow, Dated: October 24, 1995. [FR Doc. 95–26928 Filed 10–30–95; 8:45 am] Oklahoma for the purpose of Thomas Dwyer, BILLING CODE 4310±55±M enhancement of propagation and Deputy Regional Director, Region 1, Portland, survival of the species. Oregon. Permit No. PRT–807635 [FR Doc. 95–26940 Filed 10–30–95; 8:45 am] National Park Service Applicant: Thomas Boullion, Cottonwood, BILLING CODE 4310±55±P National Register of Historic Places; California. Notification of Pending Nominations The applicant requests a permit to Silvio Conte National Fish and Wildlife Nominations for the following take (harass by survey, collect, and Refuge Advisory Committee Meeting sacrifice voucher specimens) the properties being considered for listing in the National Register were received Conservancy fairy shrimp (Branchinecta AGENCY: Fish and Wildlife, Interior. by the National Park Service before conservatio), the vernal pool fairy ACTION: Notice of meeting. shrimp (Branchinecta lynchi), the October 21, 1995. Pursuant to section longhorn fairy shrimp (Branchinecta SUMMARY: Pursuant to Section 10(a)(2) of 60.13 of 36 CFR Part 60 written longiantenna), and the vernal pool The Federal Advisory Committee Act, comments concerning the significance tadpole shrimp (Lepidurus packardi) in this notice announces a meeting of the of these properties under the National Butte, Colusa, Glenn, Lassen, Modoc, Silvio Conte National Fish and Wildlife Register criteria for evaluation may be Plumas, Shasta, Siskiyou, Sutter, Refuge Advisory Committee established forwarded to the National Register, Tehama, Trinity, and Yuba Counties, under the authority of the Silvio O. National Park Service, P.O. Box 37127, California, for the purpose of enhancing Conte National Fish and Wildlife Refuge Washington, DC 20013–7127. Written the survival of the species. Act. comments should be submitted by November 15, 1995. Permit No. PRT–797999 DATES: The Silvio Conte National Fish and Wildlife Refuge Advisory Antoinette Lee, Applicant: Merkel & Associates, Inc., San Acting Chief of Registration, National Diego, California. Committee will meet from 10:00 a.m. to 2:00 p.m., Tuesday, December 5, 1995. Register. The applicant requests an amendment ADDRESSES: The meeting will be held at ARIZONA to their permit to include the take the Montshire Museum of Science, (survey using taped vocalizations) of the Yavapai County Montshire Road, Norwich, Vermont Arizona Pioneers’ Home, southwestern willow flycatcher 05055. (Empidonax traillii) for presence or 300 S. McCormick St., Summary minutes of the meeting will Prescott, 95001363 absence surveys throughout the range of be maintained in the office of the Camp Date Creek, the species in California, for the purpose Coordinator for the Silvio O. Conte of enhancing the survival of the species. N of US 89, National Fish and Wildlife Refuge Date Creek vicinity, 95001361 DATES: Written comments on the permit Advisory Committee at 38 Avenue A, applications must be received on or Turners Falls, Massachusetts 01376. ARKANSAS before November 30, 1995. FOR FURTHER INFORMATION CONTACT: Benton County ADDRESSES: Written data or comments Committee Coordinator Lawrence Pyeatte House should be submitted to the Chief, Bandolin at 413–863–0209, FAX 413– (Benton County MPS) Division of Consultation and 863–3070. 311 S. Mt. Olive St., Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55383
Siloam Springs, 95001382 Co. Hwy. 11 N of Clarissa, Germania Redstone Township, Faulkner County Township, Brier Hill vicinity, 95001350 Faulkner County Courthouse, Clarissa, 95001377 Somerset County 801 Locust St., OHIO Wable—Augustine Tavern Conway, 95001381 (National Road in Pennsylvania MPS) Lonoke County Cuyahoga County US 40, approximately 1 mi. E of Walls Farm Barn and Corn Crib, East Boulevard Historic District, Addison, Addison Township, AR 31 N of Tomberlin, Roughly bounded by East Blvd., St. Addison vicinity, 95001353 Tomberlin vicinity, 95001379 Clair Ave., E. 99th St. and University Cir., TENNESSEE CALIFORNIA Cleveland, 95001366 DeKalb County Shasta County Lake County DeKalb County Fairgrounds, Gladstone Houses, Downtown Willoughy Historic 103 Fairground Rd., 12962—12964 Cline Gulch Rd., District, Alexandria, 95001372 French Gulch vicinity, 95001374 Approximately nine blocks centered Marshall County FLORIDA around the jct. of Erie and River Sts. Ladies Rest Room, and Euclid Ave., 105 1st Ave. N., Levy County Willoughby, 95001362 Lewisburg, 95001380 Citizens Bank, Lorain County Perry County 5 N. Main St., Lorain & West Virginia Railway Bromley, Dr. Richard Calvin, House, Williston, 95001369 Historic District, TN 13 near jct. with Slink Shoals Rd., Orange County From Wellington to Lorain, in Flatwoods, 95001373 Palmer, Cal, Memorial Building, Wellington, Pittsfield, Russia, Shelby County 502 Main St., Amherst, Elyria and Sheffield Veterans Administration Hospital Windermere, 95001364 Townships, Complex, No. 88—Memphis, Pasco County Wellington, 95001383 1025 E. H. Crump Blvd. E., Jeffries, Capt. Harold B., House, Memphis, 95001371 38537 5th Ave., PENNSYLVANIA Zephyrhills, 95001370 Fayette County TEXAS GEORGIA Colley, Abel, Tavern Collin County (National Road in Pennsylvania MPS) Estes House, Madison County US 40, approximately 0.5 mi. W of 903 N. College St., Comer Historic District, Searights Crossroads, Menallen McKinney, 95001365. Roughly, Main St. from Forest Ave. to Township, In order to assist in the preservation Laurel Ave., GA 72 from Oak St. Searights Crossroads, 95001352 past GA 98, and GA 98 from GA 72 of the following property, the past Paoli St., Downer Tavern commenting period is being waived: (National Road in Pennsylvania MPS) Comer, 95001378 MICHIGAN US 40, Wharton Township, GUAM Chalkhill, 95001351 Wayne County Guam County Fayette—Springs Hotel Engine House No. 18 Atantano Shrine, (National Road in Pennsylvania MPS) 3812 Mt. Elliott Ave. 300 ft. SE of GU 1 (Marine Dr.), N of US 40, approximately 0.5 mi. E of Detroit, 95001368 jct. with GU 2A, Chalk Hill, Wharton Township, [FR Doc. 95–26951 Filed 10–30–95; 8:45 am] Piti vicinity, 95001367 Chalk Hill vicinity, 95001358 BILLING CODE 4310±70±P INDIANA Hopwood—Miller Tavern (National Road in Pennsylvania MPS) Marion County US 40 (Main St.), South Union DEPARTMENT OF LABOR Camp Edwin F. Glenn, Township, Fort Benjamin Harrison, Hopwood, 95001355 Labor Advisory Committee for Trade Indianapolis, 95001360 Johnson—Hatfield Tavern Negotiations and Trade Policy; Fort Benjamin Harrison Historic (National Road in Pennsylvania MPS) Meeting Notice District (Boundary Increase), US 40, 0.5 mi. E of Brier Hill, Roughly bounded by Shafter Rd., Pursuant to the provisions of the Redstone Township, Federal Advisory Committee Act (P.L. Aultman Ave. and Glenn Rd., Brier Hill vicinity, 95001354 Indianapolis, 95001359 92–463 as amended), notice is hereby Monroe Tavern given of a meeting of the Labor Advisory MINNESOTA (National Road in Pennsylvania MPS) Committee for Trade Negotiations and Crow Wing County US 40 (Main St.), South Union Trade Policy. Deerwood Auditorium, Township, Date, time and place: November 9, 1995, 27 E. Forest Rd., Hopwood, 95001357 10:00 am–12:00 noon, U.S. Department of Deerwood, 95001376 Morris—Hair Tavern Labor, Room N–3437 A/B, 200 Constitution Hennepin County (National Road in Pennsylvania MPS) Ave., NW., Washington, DC 20210. Minneapolis YMCA Central Building, US 40 (Main St.), South Union Purpose: The meeting will include a review and discussion of current issues 36 S. Ninth St. (formerly 30 S. Ninth Township, Hopwood, 95001356 which influence U.S. trade policy. Potential St.), U.S. negotiating objectives and bargaining Minneapolis, 95001375 Wallace—Baily Tavern positions in current and anticipated trade Todd County (National Road in Pennsylvania MPS) negotiations will be discussed. Pursuant to Germania Hall, US 40, 1.5 mi. W of Brier Hill, section 9(B) of the Government in the 55384 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices
Sunshine Act, 5 U.S.C. 552b(c)(9)(B) it has (2) Obtain a copy of the characterization by utilizing the EPA been determined that the meeting will be Environmental Protection Agency’s Facility Investigation Workplan (FIW), concerned with matters the disclosure of (EPA) title search or perform a title which was prepared for the EPA which would seriously compromise the search of all property used in pursuant to requirements of the Government’s negotiating objectives or bargaining positions. Accordingly, the connection with the SFC license, in Resource Conservation and Recovery meeting will be closed to the public. order to clarify the identity and Act (RCRA). Petitioner asserts that by For further information, contact: Fernand ownership of all property subject to relying on the FIW to conduct site Lavallee, Director, Trade Advisory Group, NRC License No. SUB–1010; characterization, SFC has neither Phone: (202) 219–4752. (3) Issue an order forbidding SFC, understood nor implemented NRC staff Signed at Washington, D.C. this 24th day Sequoyah Fuels International criticisms of the draft SCP. Petitioner of October 1995. Corporation, Sequoyah Holding asserts that NRC should require SFC to Joaquin Otero, Corporation, or any other associated submit a written final SCP because the Deputy Under Secretary, International corporation that holds title to property FIE does not: Affairs. under NRC License No. SUB–1010 from (1) Resolve NRC comments related to [FR Doc. 95–26941 Filed 10–30–95; 8:45 am] transferring any interest in any of its site hydrogeology and vertical and property before SFC applies for and BILLING CODE 4510±28±M lateral contamination; receives a license amendment (2) Resolve NRC sample density authorizing transfer; and concerns; or (4) Before issuing any such license (3) Provide for characterization of the NUCLEAR REGULATORY amendment, find reasonable assurance DUF processing, decorative pond, and COMMISSION that any entity acquiring an interest in 4 parking lot areas. [Docket No. 40±8027] the SFC property fully understands the By letter dated May 10, 1995, the nature of the liabilities and Director, Office of Nuclear Material Sequoyah Fuels Corporation; Issuance responsibilities it is undertaking for Safety and Safeguards acknowledged of Director's Decision Under 10 CFR cleanup and long-term care of the site receipt of the Petition, and informed the Part 2.206 and that it has the financial capability Petitioner that the Petition would be I. Introduction to carry out those responsibilities. The Petition alleges the following evaluated under 10 CFR 2.206 of the Notice is hereby given that the bases for its requests: Commission’s regulations. Director, Office of Nuclear Material (1) The NRC staff illegally and I have completed my evaluation of the Safety and Safeguards, U.S. Nuclear improperly excused SFC from its matters raised by the Petitioner and Regulatory Commission (NRC) has obligation to submit a final SCP; have determined that, for the reasons issued a Director’s Decision under 10 (2) SFC is presenting a ‘‘Trust stated below, the Petition is denied in CFR 2.206 regarding the Sequoyah Fuels Indenture’’ to several towns and the part, was satisfied in part, and NRC Facility in response to a petition county of Sequoyah for the creation of regulations address the Petitioner’s received from Ms. Diane Curran an industrial park; concerns related to the requests for (Petitioner), dated March 14, 1995, on (3) Neither SFC’s letter to Mr. Main issuance of orders related to transfer of behalf of the Native Americans for a (Secretary of Commerce, Oklahoma property. Clean Environment. (NACE) The Department of Commerce), the Fact II. Background petition also considered a subsequent Sheet, nor the Trust Agreement, itself, letter from Petitioner dated March 31, refers to the fact that SFC has been From 1970 until July 6, 1993, SFC 1995. ordered by NRC and EPA to characterize operated a uranium conversion facility The petition was referred to the staff the extent of the contamination in the at a site located in Gore, Oklahoma, for consideration pursuant to 10 CFR 1,400 acres that surround the 85-acre under the authority of NRC License No. 2.206 of the Commission’s regulations. processing area, the focus of site SUB–1010, issued pursuant to 10 CFR For the reasons stated in the enclosed characterization and remediation efforts; Part 40. The main process was the ‘‘Director’s Decision under 10 CFR nor do those documents refer to the conversion of uranium oxide 2.206,’’ items 1, 3, and 4 of the Petition other sources of potential (yellowcake) to uranium hexafluoride. A have been denied, and item 2 is moot. contamination, consisting of second process, initiated in 1987, Native Americans for a Clean groundwater migration from the consisted of the conversion of depleted Environment (NACE) submitted to the admittedly contaminated processing uranium hexafluoride to uranium Nuclear Regulatory Commission (NRC), area, effluent streams and ditches, and tetrafluoride, the first step in producing a ‘‘Petition for an Order Requiring the Carlisle School (located on the land depleted uranium metal. Sequoyah Fuels Corporation to File a proposed for an industrial park, and After the discovery of contaminated Final Site Characterization Plan (SCP) used by SFC as a laboratory); soil surrounding structures used by SFC and for an Order to Obtain a License (4) The Trust Indenture depicts the for its licensed activities, NRC staff Amendment’’ (Petition) dated March 11, 1,400 acres of land subject to NRC issued an order suspending SFC’s 1995. NACE requested NRC to take License No. SUB–1010 as the candidate authorization to operate its conversion action with respect to the Sequoyah area for the industrial park; SFC has facilities. See ‘‘Order Modifying License Fuels Corporation (SFC or Licensee) made conflicting representations (Effective Immediately) and Demand for pursuant to 10 CFR 2.206. The regarding the size of the ‘‘facility’’ or Information,’’ EA 91–067 (October 3, Petitioner requests that NRC: ‘‘site’’ to NRC and in the Trust 1991). After studies by SFC, operational (1) Reverse the NRC staff’s decision to Indenture. SFC responded to the and organizational changes by SFC, permit SFC to proceed with site Petition by a letter dated March 29, extensive NRC inspections, and several characterization without submitting a 1995, and requests that the Petition be public meetings, NRC, on April 16, final Site Characterization Plan (SCP), denied in all respects. 1992, lifted the order suspending the by issuing an Order or a Confirmatory By letter dated March 31, 1995, NACE SFC license and authorized SFC to Action Letter obliging SFC to submit a supplemented its Petition. NACE states resume operation of its conversion final SCP by a date certain; that SFC is conducting site facility. Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55385
In November 1992, SFC (and related to the vertical extent of the draft SCP. The discussions covered subsequently in writing) informed NRC radiological contamination will have to a broad range of issues related to site that operation of its main process for the await the evaluation of sample analyses. characterization and scheduling. conversion of uranium oxide To avoid unnecessary duplicative By letter dated February 5, 1995, the (yellowcake) to uranium hexafluoride regulatory actions, EPA and NRC Director, Division of Waste was permanently terminated and that drafted a site-specific Memorandum of Management, Office of Nuclear Material the second process, the conversion of Understanding (MOU). Under the terms Safety and Safeguards, confirmed NRC depleted uranium hexafluoride to of this MOU, EPA and NRC will staff’s understanding of SFC’s verbal uranium tetrafluoride, would be exchange pertinent documents, keep commitment, by telephone in early terminated by July 1993. SFC formally each other informed of planned actions, February 1995, to use NRC staff’s notified NRC of its intentions to and, to the extent possible, coordinate comments of November 3, 1994, during terminate all conversion processes and major characterization and remediation site characterization and in SFC’s seek license termination in accordance tasks on similar schedules. The MOU preparation of its Site Characterization with 10 CFR 40.42(e), in a letter dated was signed by EPA on September 21, Report (SCR). Furthermore, NRC agreed February 16, 1993. In addition, a 1995, and by NRC on September 25, with SFC that the schedule for the SCR proposed plan to address 1995. should parallel that for the RFI Report, decommissioning issues related to the SFC submitted to EPA a draft RFI in order to minimize possible SFC facility, entitled ‘‘Preliminary Plan Workplan in January 1994. EPA redundancy and associated costs, and to for Completion of Decommissioning reviewed the draft RFI Workplan and facilitate the effective utilization of SFC (PPCD),’’ was enclosed in its letter of provided SFC comments in a letter resources. Accordingly, NRC gave SFC a February 16, 1993. dated August 25, 1994. Based on the due date of January 15, 1996, for By letter dated March 23, 1993, NRC comments provided by EPA, SFC made submission of a draft SCR. The staff also staff notified SFC that its 10 CFR changes to the draft RFI Workplan and reminded SFC that NRC may establish 40.42(e) notification had been accepted, a final Workplan was approved by EPA legally binding requirements, if and that activities at the site should be in December 1994. In accordance with necessary, to ensure timely and effective limited to those related to the requirements of the AOC, SFC must remediation of Site Decommissioning decommissioning. By letter dated July 7, submit a final RFI Report to EPA by Management Plan (SDMP) sites. The 1993, SFC notified NRC staff that SFC December 1995. SFC facility is an SDMP site. In its had ceased all operational licensed SFC submitted a draft SCP to NRC in March 29, 1995, response to the activities. Since that time, SFC has January 1994. Interested persons, Petition, SFC again committed to restricted its activities to disposal of including EPA, the United States address the NRC’s comments on the SCP contaminated material and planning for Geological Survey (USGS), and NACE during conduct of the site decommissioning. reviewed the draft SCP and provided characterization effort. SFC confirmed On August 4, 1993, SFC and EPA comments to NRC. Consistent with the its understanding of the staff’s Region VI signed an Administrative staff’s commitment to NACE, in a letter November 3, 1994, comments by a letter Order on Consent (AOC), establishing a from J.H. Austin (NRC) to D. Curran dated June 2, 1995, in which SFC again schedule for compliance with Section (NACE), dated December 9, 1993, to committed to incorporate those staff 3008(h) of the Solid Waste Disposal Act, keep NACE involved in the review comments into its SCR. as amended by the RCRA, as further process, the NACE comments were amended by the Hazardous and Solid discussed with representatives of NACE, III. Discussion Waste Amendments of 1984, 42 USC NRC and SFC in a May 31, 1994, A. Petitioner Requests That NRC Staff 6928(h). The AOC required SFC to meeting. Reverse Its Decision To Permit SFC To perform a number of tasks aimed at NRC staff performed an extensive Proceed With Site Characterization monitoring site conditions, site review of the draft SCP and of all the Without Submitting a Revised SCP, by characterization, corrective measures, comments regarding the draft SCP. Issuing an Order or Confirmatory Action and financial assurance. A key element Where appropriate, NRC staff factored Letter Requiring SFC To Submit a of the AOC is the RCRA Facility those comments into NRC staff’s Written Final SCP Investigation (RFI) Workplan. The RFI comments, which were transmitted to Petitioner contends that by not Workplan data needs closely parallel SFC by letter dated November 3, 1994. requiring SFC to submit a written final those of an NRC SCP. For SFC’s site, The essence of NRC staff’s comments SCP, NRC staff illegally and improperly both the RFI Workplan and the SCP was that SFC must do substantially excused SFC from its obligations in involve characterization of much of the more sampling than proposed in the violation of the: same property. The major difference draft SCP. Additional sampling is (a) Timeliness in Decommissioning between the RFI Workplan and the SCP necessary to reliably identify the types Rule; rests only on the constituents that are and extent of contamination on and (b) NRC’s ‘‘Action Plan to Ensure analyzed (nonradioactive materials for around the SFC site. NRC staff requested Timely Cleanup of Site EPA and radioactive materials for NRC). that SFC address the staff’s comments, Decommissioning Management Plan Common to both plans is the or provide the basis for not making Sites’’ (Action Plan), 57 Fed. Reg. 13389 characterization of the soil, bedrock, changes to the SCP. (April 16, 1992); and groundwater underlying the site. In its November 1994 quarterly report (c) NRC’s December 29, 1992, Demand SFC agreed to drill a series of wells to to EPA, required by the AOC, SFC for Information to SFC; the next lower water-bearing strata to raised concerns related to possible (d) MOU between NRC and EPA; and better define the geology underlying the duplication of SFC’s decontamination (e) NRC’s commitments to Petitioner site and to sample for contamination. and decommissioning efforts that could in a letter dated December 9, 1993, that These wells are in addition to the 100 result in unnecessarily increased costs. SFC would be required to demonstrate wells previously install by SFC at the In January and February 1995, NRC how it would sample all potentially site. Whether or not the deeper wells staff engaged in technical discussions contaminated areas as part of the SCP. planned by SFC to address EPA with SFC regarding the November 3, NRC staff weighed the potential concerns will also satisfy NRC concerns 1994, comments of the staff concerning benefits, and the increased costs of and 55386 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices delays in decommissioning, of regarding the draft SCP. The staff SCP to NRC and to implementation of requesting SFC to revise its draft SCP in determined that inclusion of those the SCP by early 1994. The staff in its accordance with NRC staff comments, comments would produce adequate site February 5, 1995, letter did not delay which SFC understood and had already characterization and would reduce the submission or implementation of the agreed to incorporate into the site delay. Although site characterization SCP. To the contrary, the staff permitted characterization process and SCR. NRC and the data derived during site SFC to proceed expeditiously with an staff concluded that the objectives of characterization are necessary inputs to SCP which NRC had reviewed and site characterization could be met, and a decommissioning plan, 2 SCPs and considers adequate, as long as the staff’s data appropriate to support a proposed SCRs are not expressly required by NRC November 3, 1994, comments are decommissioning alternative could be regulations. The staff did not release incorporated, which SFC has produced, if NRC staff’s comments were SFC from the ‘‘timeliness’’ rule or from undertaken to do. implemented during site the requirement to submit a Contrary to Petitioner’s assertion, characterization. NRC staff’s action was decommissioning plan. See 10 CFR NRC staff’s action in its letter of intended to avoid potentially costly 40.42(f)(1). The staff’s action reduced February 5, 1995, did not violate the delays in decommissioning and to potential delays in site characterization (then draft) MOU between NRC and prevent duplication of regulatory and decommissioning, and cannot be EPA. The then draft MOU, as well as the actions, based on work already considered to have contributed to any final MOU, state that NRC will ensure underway as a part of the EPA-approved delay in SFC’s decommissioning the that SFC develops and implements an RFI Workplan. SFC site. SCP, which NRC staff has done. Additionally, the staff’s action was Contrary to being in violation of the Moreover, in the spirit of the EPA and consistent with agency efforts to NRC’s Action Plan, NRC staff’s February NRC site-specific MOU, NRC and EPA streamline the Site Decommissioning 5, 1995, letter to SFC was consistent have worked together to avoid Management Plan (SDMP) regulatory with the plan. The Action Plan was unnecessary duplicative regulatory review process.1 The SFC site is an intended to encourage compliance with actions and their attendant costs. SDMP site. This streamlining involves, NRC timeliness in decommissioning Specifically, after consultation with the among other things, discontinuance of regulations. The Action Plan is not itself EPA, NRC staff agreed in its February 5, NRC staff review of SCPs and SCRs a rule and contains no enforceable 1995, letter to SFC’s request that the prior to the submittal of standards. The Action Plan refers to schedule for site characterization and decommissioning plans. Site submittal of an SCP, but does not submission of the SCR should parallel characterization information will be require NRC approval. The Action Plan that of the EPA RFI Workplan. The considered by NRC staff in its review of encourages licensees to enter into early development of the EPA MOU and NRC decommissioning plans. NRC consultation with NRC staff regarding MOU was a major consideration in NRC regulations do not require the site characterization and staff’s action allowing SFC to proceed submission of SCPs or SCRs, but do decommissioning issues. Such with site characterization and to require site characterization data to be consultation is intended to address site- incorporate NRC staff’s comments in the submitted with the decommissioning specific conditions to ensure that site SCR, rather than to require submission plan. See 10 CFR 40.42(f)(4)(i). characterization is appropriately of yet another version of the SCP. Streamlining the SDMP process is planned and conducted, and of Contrary to the Petitioner’s assertions, consistent with NRC regulations. sufficient depth to support a selected NRC staff’s action by its letter of February 5, 1995, did not violate NRC’s Streamlining promotes a more decommissioning option. Consistent coordinated and focused review of the commitments to Petitioner, made in a with the Action Plan, NRC staff engaged licensee’s characterization information letter dated December 9, 1993, that SFC in site-specific technical discussions and place greater emphasis on issues would be required to demonstrate how with SFC regarding not only NRC’s that affect the selection and it would sample all potentially comments on the draft SCP, but also the implementation of a decommissioning contaminated areas as part of the SCP. comments of NACE, the USGS and EPA. approach. The December 9, 1993, letter also stated See Section II, supra. The NRC staff’s Contrary to Petitioner’s assertion, that NACE’s concerns would be February 5, 1995, letter to SFC was NRC staff’s action was consistent with addressed during NRC staff’s review of consistent with the Action Plan, and the Timeliness in Decommissioning the SCP. rule. Those amendments to NRC cannot be considered to have NRC staff met these commitments to regulations establish specific time contributed to any delay in compliance NACE. NACE reviewed the SFC draft periods for submission of a with timeliness requirements for SCP and provided comments to NRC decommissioning plan and completion decommissioning, for the same reasons staff. NACE’s comments were discussed of decommissioning, and were intended that the staff’s action was consistent in a meeting on May 31, 1994, with to reduce potential risk to public health with the Timeliness in representatives from NACE, NRC, and and the environment at facilities after Decommissioning Rule. SFC. All applicable NACE comments licensed activities have ceased. See Petitioner does not explain, nor is it were incorporated into NRC staff’s ‘‘Timeliness in Decommissioning of apparent how, the NRC staff’s February comments and transmitted to SFC by Materials Facilities,’’ 59 Fed. Reg. 36026 5, 1995, letter contravened the letter dated November 3, 1994. SFC (July 15, 1994). The staff’s February 5, December 29, 1992, Demand for verbally committed, by telephone in 1995, letter allowed SFC to proceed Information (DFI) to SFC. As Petitioner early February 1995, to use NRC staff’s with site characterization on the notes, the February 13, 1993, comments of November 3, 1994, during condition that SFC include in its SCR Preliminary Plan for Decommissioning, site characterization and in SFC’s the staff’s November 3, 1994, comments submitted by SFC in response to the preparation of its SCR. SFC confirmed DFI, commits SFC to submission of an its understanding of the staff’s 1 On May 19, 1995, the NRC staff briefed the November 3, 1994, comments by a letter 2 Commission on SDMP Policy and Program issues, The licensee’s decommissioning plan must dated June 2, 1995, in which SFC again including the staff’s implementation of include a description of the site, buildings, and streamlining. 10 CFR 40.42(f)(4)(i). Streamlining the outside areas affected by licensed activities. 10 CFR committed to incorporate those staff SDMP process is consistent with NRC regulations. 40.42(f)(4)(i). comments into its SCR. Accordingly, Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55387 contrary to Petitioner’s assertion, there implement the staff’s November 3, 1994, identifies the Trust Estate as all property is no basis to conclude that NACE’s comments during site characterization coming into the possession of the concerns will not in fact be addressed. and in the SCR. Additionally, the staff’s trustees pursuant to the Trust Indenture. Moreover, NRC remains committed to action was consistent with agency The enclosure to a letter dated August ensuring that SFC conduct a complete efforts to streamline the SDMP review 18, 1994, from John Ellis, President, and accurate characterization of all process. Furthermore, to require SFC, to the Oklahoma Department of radiological contamination on the SFC submission of a written final SCP would Commerce, both of which were attached site and on property affected by SFC’s unnecessarily delay decommissioning of to the Petition, describes the proposed licensed activities, through reviews of the SFC site and unduly raise the costs industrial park as a site of 1,430 acres SFC’s SCR and a subsequent of decommissioning. on the east bank of the Kerr-McClelland decommissioning plan. In view of the above, there is no basis Waterway. Clearly the proposed By letter dated March 31, 1995, NACE to require SFC to submit a written final industrial park surrounds or includes, supplemented its Petition. NACE states SCP. in part, the SFC site, but is not that SFC is conducting site B. Petitioner Requests That NRC Obtain identified by the Trust Indenture as all characterization by utilizing the RCRA From EPA a Copy of Its Title Search or or part of the property subject to NRC Facility Investigation Workplan. Perform a Title Search of all Property License No. SUB–1010. Petitioners have not raised a safety Petitioner asserts that by relying on the Used in Connection With the SFC concern regarding the identity and EPA Workplan to conduct site License characterization, SFC has neither ownership of lands subject to NRC understood nor implemented NRC staff By letter dated April 20, 1995, Mark License No. SUB–1010. Moreover, criticisms of the draft SCP. Petitioner W. Potts (EPA Region VI), provided to because EPA provided a copy of its title asserts that NRC should require SFC to Lance Hughes, on behalf of NACE, a search the Petitioner’s request has been submit a written final SCP because the copy of a document entitled satisfied. ‘‘Preliminary Property Search EPA Workplan does not: C. Petitioner Requests That, Before (1) Resolve NRC comments related to Document; Sequoyah Fuels Corporation; Permitting Transfer of Land Subject to site hydrogeology and vertical and Gore, Oklahoma.’’ The document is License No. SUB–1010, NRC Find lateral contamination; dated July 26, 1994, and was prepared Reasonable Assurance That Any Entity (2) Resolve NRC sample density by PRC Environmental Management, Acquiring an Interest in the SFC concerns; or Inc. for EPA. The document identifies (3) Provide for characterization of the SFC as the sole owner of the 85-acre Property Fully Understands the Nature of the Liabilities and Responsibilities It DUF4 processing, decorative pond, and process area of the Sequoyah Fuels parking lot areas. facility and the approximately 2,100 Is Undertaking for Cleanup and Long- As explained above, NRC staff acres of land surrounding the facility. A term Care of the Site and That It Has the concluded after a series of discussions copy of this report has been placed in Financial Capability to Carry Out Those with SFC, that SFC does understand the the SFC licensing docket and is Responsibilities staff’s November 3, 1994, comments available through either NRC’s Public NRC regulations at 10 CFR 40.42(c)(2) regarding the draft SCP. Moreover, SFC Document Room (PDR) at 2120 L St. and 40.42(d), and License Condition No. has committed itself to incorporating NW., Washington, DC 20037, or the 14 of NRC License No. SUB–1010, those staff comments during site local PDR (LPDR) at the Stanley Tubbs require that any real property subject to characterization and in the SCR. In Memorial Library, 101 E. Cherokee, the License or affected by licensed addition, NRC staff concludes, after Sallisaw, OK 21801. activities must be remediated by SFC in review of the EPA-approved RFI Petitioner has identified no accordance with an approved Workplan, that: inconsistencies between the Trust decommissioning plan, such that the (a) The approved RFI Workplan Indenture and any representations to property is suitable for release in adequately addresses NRC comments NRC regarding the size of the ‘‘facility’’ accordance with NRC requirements. regarding questions of hydrogeology and or ‘‘site’’. The land subject NRC license This means that SFC may not transfer the vertical and lateral extent of SUB–1010 is principally the 85-acre site nor release, by sale or any other means, contamination; along with any adjacent lands that have property subject to NRC License No. (b) The RFI Workplan, draft SCP, and been affected by licensed activities.3 SUB–1010, or property affected by the SFC commitment to incorporate The copy of a ‘‘Trust Indenture’’ SFC’s licensed activities, until SFC NRC staff’s comments on the draft SCP submitted by Petitioners neither remediates such property and SFC into site characterization activities will describes the SFC facility or site, nor demonstrates that the property meets together ensure adequate sampling for does it describe any lands subject to the NRC criteria for release. site characterization; and Trust Indenture.4 Article V merely It is not apparent from the NACE (c) The SCP, provides for adequate Petition, and no information has come characterization of the DUF4 processing 3 Licensed activities do not include raffinate to the attention of NRC staff to indicate, area (Unit 29), the decorative pond (Unit spreading because the treated raffinate is released that there has been a transfer of any real 26), and parking lot (Unit 31) (see Figure for unrestricted use prior to spreading. However, if NRC determined that treated raffinate spreading property subject to or affected by 2 of the SCP). significantly affected adjacent lands, then NRC activities conducted pursuant to NRC NRC staff has neither violated, nor would consider the need for additional License No. SUB–1010. It does appear excused SFC from complying with, any characterization and remediation. that several local governmental NRC regulatory requirements, the MOU 4 SFC denies having contributed any corporate resources to drafting or developing the proposed authorities, including Sequoyah County between NRC and EPA, any NRC staff Trust Indenture or in circulating it to local and the cities of Gore, Vian and commitments to Petitioners, or the communities, but states that it has openly pursued Webbers Falls, have entered into an December 29, 1992, DFI to SFC. development of an industrial park with local and agreement to participate in the proposed Petitioner has raised no health and state officials to replace jobs lost as a result of closing the SFC plant. SFC states that a local Trust Indenture. safety concern arising from NRC staff’s community group, SAFEST, has been working on action by letter of February 5, 1995, the Trust Indenture with the Sequoyah County SFC, dated March 29, 1995, to James M. Taylor, permitting SFC to address and Commission. See Letter of John H. Ellis, President, Executive Director for Operations, NRC. 55388 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices
In its response to the Petition, SFC are adequately addressed by applicable Petitioner is warranted. For the reasons committed to inform NRC of any regulations. given above, Petitioner’s request that proposal SFC receives for transfer of SFC ordered to submit a written final D. Petitioner Requests That NRC Staff property adjacent to the industrial area, SCP by a date certain is denied. Issue an Order Forbidding SFC, Petitioner’s request that NRC perform a before SFC acts on any such proposal. Sequoyah Fuels International SFC also states that at some future time, Corporation, Sequoyah Holding title search of property subject to NRC SFC may dispose of real property Corporation, or Any Other Associated License No. SUB–1010 was satisfied. unaffected by licensed operations at the Corporation That Holds Title to Action on Petitioner’s request for an SFC facility, and would do so only after Property Subject to NRC License No. order forbidding the transfer of any notifying NRC. In the case of affected SUB–1010, From Transferring Any interest in land subject to NRC License areas, SFC states that it will dispose of Interest in Such Property Before SFC No. SUB–1010 before SFC applies for such property that has been released by Applies for and Receives a License and receives a license amendment NRC, after SFC demonstrates that Amendment Authorizing Such a permitting such transfers is unnecessary appropriate criteria have been met. Transfer because applicable regulations address Before real property used in Petitioners concerns. Likewise, As explained above, SFC owns the connection with or affected by activities Petitioner’s request that, before granting land subject to NRC License No. SUB– conducted pursuant to NRC License No. such a license amendment application, 1010. Before SFC may transfer or release SUB–1010 could be transferred to a NRC ensure that potential purchasers of any property used in connection with, person without authority to engage in property be subject to NRC License No. or affected by, its licensed activity to a NRC-licensed activities, that property SUB–1010 to fully be apprised of their person not authorized to engage in NRC- must be decommissioned to meet the obligations for site remediation and licensed activity, that property must be criteria for release for unrestricted use. long-term care and that NRC ensure remediated in accordance with an such potential purchasers are See 10 CFR 40.4 and 40.42, and License approved decommissioning plan to SUB–1010, Condition 14. Since the financially qualified to do so, is meet NRC criteria for release for unnecessary because applicable proposed Trust Indenture would unrestricted use. See Section III.C, involve the transfer of land for the regulations address Petitioner’s supra. There is no NRC requirement that concerns. purposes of an industrial park, it a licensee obtain NRC permission to appears that the potential transferees As provided by 10 CFR 2.206(c), a transfer property which has been copy of this Decision will be filed with have no plan to engage in NRC-licensed remediated to meet NRC’s criteria for activities. Thus, the decommissioning the Secretary of the Commission for the release for unrestricted use. Commission’s review. The Decision will criteria for release of such property If SFC were to transfer property 5 become the final action of the would be for unrestricted use. If SFC subject to the license or affected by were to decommission property used in Commission 25 days after issuance, licensed activity to persons for the unless the Commission on its own connection with its licensed activities to purpose of engaging in licensed activity, meet NRC criteria for release for motion institutes review of the Decision 10 CFR 40.46 requires that SFC obtain within that time. unrestricted use, the transferee would written permission from NRC before assume no obligation to remediate or to transferring such property and the Dated at Rockville, Maryland, this 23 day engage in long-term care of such transferees must obtain an NRC license. of October, 1995. property, and NRC would have no Petitioners, however, have provided no For the Nuclear Regulatory Commission. regulatory authority over the transfer of evidence that such a transfer is Carl J. Paperiello, or the transferees of such property. contemplated or imminent. Director, Office of Nuclear Material Safety If property used in connection with Petitioners have raised no safety and Safeguards. activities conducted pursuant to NRC concern regarding a potential transfer of [FR Doc. 95–26937 Filed 10–30–95; 8:45 am] License No. SUB–1010 were transferred property used in connection with or BILLING CODE 7590±01±P to a person who seeks authority to affected by activities pursuant to NRC engage in NRC-licensed activities, License No. SUB–1010, or potential including decommissioning activities transferees of such property. See Section [Docket Nos. 50±255, 72±7, and 72±1007] such as remediation or long-term care, III.C., supra. Moreover, since protection Consumers Power Company, SFC would be required to obtain written of the public health and safety, in the Palisades Nuclear Plant; Receipt of permission from NRC prior to the event of a transfer of such property to Petition for Director's Decision Under transfer. See 10 CFR 40.46. At that time, the proposed Trust Indenture, is already 10 CFR 2.206 it would be appropriate for NRC to accomplished by NRC regulations, there ensure that the transferee is capable of is no justification to issue the requested Notice is hereby given that by a meeting NRC requirements for order. Petition dated September 19, 1995, Lake decommissioning and all other Michigan Federation and Don’t Waste applicable licensing requirements and IV. Conclusion Michigan request that the NRC take the transferee must obtain an NRC The institution of proceedings action regarding the use of VSC–24 license. In view of the above, Petitioners pursuant to 10 CFR 2.202 is appropriate casks to store spent nuclear fuel at the concerns about the potential transfer of only where substantial health and safety Palisades Nuclear Plant. Petitioners ask property to the Trust and state, and issues have been raised. See that the NRC find that Consumers Power potential transferees of such property, Consolidated Edison Company of New Company violated NRC regulations by York (Indian Point, Units 1, 2, and 3), using the casks without first 5 The Commission is currently evaluating CLI–75–8, 2 NRC 173, 175–176 (1975); establishing adequate unloading proposed changes to the rules governing release Washington Public Power Supply procedures and resolving all criteria. See ‘‘Radiological Criteria for Systems (WPPSS Nuclear Project No. 2), unreviewed safety questions regarding Decommissioning,’’ 59 Fed. Reg. 43200 (August 22, 2994). SFC will have to comply with all NRC DD–84–7, 19 NRC 899 (1984). This is the use of the casks. requirements for release to unlicensed individuals the standard I have applied to determine On the basis of these violations, under any revised rules. whether the action requested by Petitioners ask that the NRC impose Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55389 fines amounting to $1.3 million and HEARING OR NOTIFICATION OF HEARING: An primarily outside the United States by a suspend Consumers Power Company’s order granting the application will be foreign government, a national of any use of the 10 CFR Part 72 general license issued unless the SEC orders a hearing. foreign country, or a corporation or to store spent fuel until all outstanding Interested persons may request a other organization incorporated or issues are resolved and until a cask in hearing by writing to the SEC’s organized under the laws of any foreign which a suspected defect has been Secretary and serving applicants with a country; and securities issued or identified is unloaded. Petitioners have copy of the request, personally or by guaranteed by the government of the also asked that they be provided an mail. Hearing requests should be United States or by any State, political opportunity to participate in reviewing received by the SEC by 5:30 p.m. on subdivision, or agency thereof, or entity the unloading procedure the licensee November 20, 1995, and should be organized under the laws of the United has developed and in any proceeding accompanied by proof of service on States or any State thereof that have initiated in response to their Petition. applicants, in the form of an affidavit or, been issued and sold primarily outside The Petition is being treated pursuant for lawyers, a certificate of service. the United States. to 10 CFR 2.206 of the Commission’s Hearing request should state the nature 4. ING Bank, as custodian or regulations and has been referred to the of the writer’s interest, the reason for the subcustodian for a U.S. Investment Director of the Office of Nuclear Reactor request, and the issues contested. Company, would deposit assets of a U.S. Regulation. As provided by § 2.206, Persons who wish to be notified of a Investment Company with ING Bank appropriate action will be taken on this hearing may request notification by Hungary or, alternatively, ING Bank Petition within a reasonable time. writing to the SEC’s Secretary. Hungary would receive and hold the Assets of a U.S. Investment Company A copy of the Petition is available for ADDRESSES: Secretary: SEC, 450 Fifth inspection at the Commission’s Public Street, N.W., Washington, DC 20549. directly from such U.S. Investment Document Room at 2120 L Street, NW., Applicants: ING Bank, Strawinskylaan Company. In either case, ING Bank will Washington, DC, and at the local public 2631, 1077 ZZ Amsterdam, the assume liability for any loss, damage, cost, expense, liability, or claim arising document room at the Van Wylen Netherlands; and ING Band Hungary, out of or in connection with the Library, Hope College, Holland, Andra´ssy u´ t 9, H–1061 Budapest, performance by ING Bank Hungary of its Michigan 49423–3698. Hungary. duties and obligations as custodian to Dated at Rockville, Maryland this 24th day FOR FURTHER INFORMATION CONTACT: the same extent as if ING Bank itself had of October 1995. Elaine M. Boggs, Staff Attorney (202) provided such custody services. ING For the Nuclear Regulatory Commission. 942–0572, or C. David Messman, Branch Bank would not be responsible for William T. Russell, Chief, at (202) 942–0564 (Division of losses that may result from political risk Director, Office of Nuclear Reactor Investment Management, Office of (e.g., exchange control restrictions, Regulation. Investment Company Regulation). confiscation, expropriation, [FR Doc. 95–26939 Filed 10–30–95; 8:45 am] SUPPLEMENTARY INFORMATION: The nationalization, insurrection, civil strife, BILLING CODE 7590±01±P following is a summary of the or armed hostilities) and other risk of application. The complete application is loss (excluding bankruptcy or available for a fee at the SEC’s Public insolvency of ING Bank Hungary), for SECURITIES AND EXCHANGE Reference Branch. which neither ING Bank nor ING Bank COMMISSION Applicants’ Representations Hungary would be liable (e.g., despite the exercise of reasonable care, loss due [Investment Company Act Release No. 1. ING Bank is a Dutch banking to Acts of God, nuclear incidents, and 21448/International Series Release No. 876; institution and is part of Internationale the like). 812±9714] Nederlanden Groep N.V., a major 5. Applicants request that the order European financial institution. ING extend to: (a) any U.S. Investment Internationale Nederlanden Bank N.V., Bank is regulated in the Netherlands by Company for which ING Bank or ING et al.; Notice of Application the Dutch Ministry of Finance and the Bank Hungary acts as foreign custodian October 24, 1995. Dutch Central Bank. As of December 31, or subcustodian; and (b) any custodian AGENCY: Securities and Exchange 1994, ING Bank had shareholders’ or subcustodian for such U.S. Commission (‘‘SEC’’). equity in excess of U.S. $5.4 billion. Investment Company. 2. ING Bank Hungary is a Hungarian ACTION: Notice of application for banking organization. ING Bank Applicants’ Legal Analysis exemption under the Investment Hungary is supervised by the National 1. Section 17(f) of the Act provides Company Act of 1940 (the ‘‘Act’’). Bank of Hungary, the Hungarian that a registered investment company APPLICANTS: Internationale Nederlanden Ministry of Finance, and the State may maintain securities and similar Bank N.V. (‘‘ING Bank’’) and Banking Supervision. ING Bank assets in the custody of a bank meeting Internationale Nederlanden Bank Hungary is a wholly-owned direct the requirements of section 26(a) of the (Hungary) Rt. (‘‘ING Bank Hungary’’). subsidiary of ING Bank. As of December Act, a member firm of a national 31, 1994, ING Bank Hungary had securities exchange, the investment RELEVANT ACT SECTIONS: Order requested shareholders’ equity of U.S. $10.3 company itself, or a system for the under section 6(c) of the Act to exempt million. central handling of securities applicants from section 17(f). 3. Applicants request an order to established by a national securities SUMMARY OF APPLICATION: Applicants permit ING Bank Hungary to maintain exchange. Section 2(a)(5) of the Act request an order to permit ING Bank custody of assets (‘‘Assets’’) of defines ‘‘bank’’ to include banking Hungary to act as custodian in Hungary investment companies registered under institutions organized under the laws of for certain U.S. registered investment the Act, other than those registered the United States, member banks of the companies. under section 7(d) of the Act, Federal Reserve System, and certain FILING DATES: The application was filed (‘‘Investment Companies’’). As used banking institutions or trust companies on August 7 1995 and amended on herein, ‘‘Assets’’ includes cash; cash doing business under the laws of any October 10, 1995. equivalents; securities issued and sold state or of the United States. ING Bank 55390 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices
Hungary does not fall within the deposited with ING Bank Hungary) (the SUMMARY OF APPLICATION: Applicant definition of ‘‘bank’’ as defined in the ‘‘Agreement’’). Each such Agreement seeks an order declaring that it has Act and, under section 17(f), may not will be a three-party agreement among ceased to be an investment company. act as custodian for registered ING Bank, ING Bank Hungary, and a FILING DATE: The application was filed investment companies. U.S. Investment Company or a on August 1, 1995, and amended on 2. Rule 17f–5 under the Act permits custodian for such U.S. Investment October 23, 1995. certain entities located outside the Company. Pursuant to such Agreement, HEARING OR NOTIFICATION OF HEARING: An United States to serve as custodians for ING Bank or ING Bank Hungary, as the order granting the application will be investment company assets. One such case may be, will undertake to provide issued unless the SEC orders a hearing. entity is a banking institution or trust specified custody or subcustody Interested persons may request a company that is incorporated or services on behalf of a U.S. Investment hearing by writing to the SEC’s organized under the laws of a country Company. If ING Bank is to provide Secretary and serving applicant with a other than the United States, that is services, the Agreement will authorize copy of the request, personally or by regulated as such by the country’s ING Bank to delegate to ING Bank mail. Hearing requests should be government or an agency thereof, and Hungary such of the duties and received by the SEC by 5:30 p.m. on that has shareholders’ equity in excess obligations of ING Bank as will be November 20, 1995, and should be of U.S. $200 million. ING Bank qualifies necessary to permit ING Bank Hungary accompanied by proof of service on as an eligible foreign custodian under to hold in custody Assets of a U.S. applicant, in the form of an affidavit, or rule 17f–5. ING Bank Hungary, however, Investment Company. If, instead, under for layers, a certificate of service. does not qualify as an eligible foreign such Agreement, ING Bank Hungary is Hearing requests should state the nature custodian solely because it does not to provide such services directly, no of the writer’s interest, the reason for the meet the minimum shareholders’ equity such delegation will be necessary. In request, and the issues contested. requirement. either case, however, the Agreement Persons who wish to be notified of a 3. In support of the requested relief, will provide that ING Bank will be hearing may request notification by applicants state that ING Bank Hungary liable for any loss, damage, cost, writing to the SEC’s Secretary. is one of only a small number of banks expense, liability, or claim arising out of in Hungary currently offering custody ADDRESSES: Secretary, SEC, 450 5th or in connection with the performance Street, NW., Washington, DC 20549. services. In addition, prior to permitting by ING Bank Hungary of its ING Bank Hungary to act as custodian Applicant, 100 Federal Street, Boston, responsibilities under the Agreement to MA 02110. for the Assets of a U.S. Investment the same extent as if ING Bank had itself Company, ING Bank will ensure that FOR FURTHER INFORMATION CONTACT: been required to provide custody or Elaine M. Boggs, Staff Attorney, at (202) ING Bank Hungary is capable and well- subcustody services under the qualified to provide such custody 942–0572, or Alison E. Baur, Branch Agreement. Further, the Agreement will Chief, at (202) 942–0564 (Division of services. provide that, in the event of a loss, a 4. Applicants request an order under Investment Management, Office of U.S. Investment Company may pursue a Investment Company Regulation). section 6(c) of the Act that would claim for recovery against ING Bank, SUPPLEMENTARY INFORMATION: The exempt them from the provisions of regardless of whether ING Bank following is a summary of the section 17(f) to the extent necessary for Hungary acted as ING Bank’s delegate or application. The complete application ING Bank Hungary to maintain custody as direct custodian or subcustodian. of U.S. Investment Company Assets. may be obtained for a fee at the SEC’s Section 6(c) permits the SEC to exempt 3. ING Bank currently satisfies and Public Reference Branch. will continue to satisfy the any person or transaction from any Applicant’s Representations provision of the Act, if such exemption shareholders’ equity requirement set is necessary or appropriate in the public forth in rule 17f–5(c)(2)(i). 1. Applicant is an open-end, interest and consistent with the For the Commission, by the Division of diversified management investment protection of investors and the purposes Investment Management, pursuant to company that was organized as a fairly intended by the policy of the Act. delegated authority. business trust under the laws of Applicants believe that the requested Margaret H. McFarland, Massachusetts. Applicant registered order meets the section 6(c) standards. Deputy Secretary. under the Act and filed a registration [FR Doc. 95–26935 Filed 10–30–95; 8:45 am] statement under the Securities Act of Applicants’ Conditions BILLING CODE 8010±01±M 1933 on March 3, 1993. Applicant’s Applicants agree that any order of the registration statement under the Commission granting the requested Securities Act of 1933 was declared relief will be subject to the following effective on June 2, 1993 and applicant conditions: [Rel. No. IC±21449; 811±5995] commenced a public offering of its 1. At all times, the foreign custody The Advantage Municipal Bond Fund; shares on July 1, 1993. 2. On February 23, 1995, applicant’s arrangements proposed regarding ING Notice of Application Bank Hungary will satisfy all of the board of trustees considered and requirements of rule 17f–5, except for October 25, 1995. approved a transfer of assets from the shareholders’ equity requirement. AGENCY: Securities and Exchange applicant’s portfolios, the National 2. ING Bank, any U.S. Investment Commission (‘‘SEC’’). Portfolio, the New York Portfolio, and Company, and any custodian for such the Pennsylvania Portfolio, to the U.S. Investment Company will deposit ACTION: Notice of Application for following series of MFS Municipal Assets with ING Bank Hungary only in Deregistration under the Investment Series Trust (the ‘‘Acquiring Fund’’), accordance with an agreement required Company Act of 1940 (the ‘‘Act’’). respectively: MFS Municipal Income to remain in effect at all times during Fund, MFS New York Municipal Bond which ING Bank Hungary fails to satisfy APPLICATION: Advantage Municipal Fund, and MFS Pennsylvania Municipal the requirements of rule 17f–5 (and Bond Fund. Bond Fund. The Acquiring Fund is a during which time such Assets remain RELEVANT ACT SECTION: Section 8(f). registered investment company. Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55391
3. On March 29, 1995, applicant [Release No. 34±36410; File No. 265±19] Dated: October 25, 1995. mailed proxy materials to its Jonathan G. Katz, Consumer Affairs Advisory shareholders. The definitive proxy Advisory Committee Management Officer. Committee; Meeting materials were filed with the [FR Doc. 95–26897 Filed 10–30–95; 8:45 am] Commission on March 31, 1995. On AGENCY: Securities and Exchange BILLING CODE 8010±01±M April 28, 1995, applicant’s shareholders Commission. approved the reorganization. ACTION: Notice of meeting of the 4. On May 1, 1995, applicant [Release Nos. 33±7236; 34±36412; Securities and Exchange Commission International Series Release No. 875] transferred all of the assets and (‘‘Commission’’) Consumer Affairs liabilities of each of its portfolios to the Advisory Committee (‘‘Committee’’). Exemptions From Rules 10b±6, 10b±7, corresponding series of the Acquiring and 10b±8 During Distributions of Fund based on the aggregate net asset SUMMARY: This is to give notice that the Certain Dutch Securities value of the funds. Immediately after the Securities and Exchange Commission transfer of assets, applicant distributed Consumer Advisory Committee will October 25, 1995. to shareholders of each of applicant’s meet on November 15, 1995, in Room Pursuant to delegated authority, on portfolios the shares it received from the 1C30 at the Commission’s Headquarters, October 19, 1995, the Division of Market corresponding Acquiring Fund’s series 450 Fifth Street, N.W., Washington, Regulation issued a letter granting class in the reorganization. Each shareholder D.C., beginning at 9:00 a.m. The meeting exemptions from Rules 10b–6, 10b–7, received the proportion of shares of the will be opened to the public. This notice and 10b–8 (‘‘Trading Practice Rules’’) Acquiring Fund’s series corresponding also serves to invite the public to submit under the Securities Exchange Act of 1934 to facilitate distributions in the to the number of shares of beneficial written comments to the Committee. United States of the securities of certain interest of applicant’s portfolio owned ADDRESSES: Written comments should highly capitalized Dutch issuers. The be submitted in triplicate and should by such shareholder in relation to the exemptions permit transactions that refer to File No. 265–19. Comments number of such shares of applicant otherwise would be prohibited by the should be submitted to Jonathan G. outstanding on that date. Trading Practice Rules, subject to Katz, Secretary, Securities and Exchange 5. Expenses consisted of legal costs, certain disclosure, recordkeeping, Commission, 450 Fifth Street, N.W., record production, and notice accounting costs, printing and mailing Washington, D.C. 20549. costs, and costs of proxy solicitation. In requirements. an agreement dated February 7, 1995, FOR FURTHER INFORMATION CONTACT: The exemptions have been issued the Advest Group, Inc. and Nancy M. Smith, Director of the Office pursuant to the Commission’s Statement Massachusetts Financial Services agreed of Investor Education and Assistance of Policy contained in Securities to pay certain expenses in connection (202) 942–7040; Securities and Exchange Act Release No. 33137 with the reorganization. Applicant paid Exchange Commission, 450 Fifth Street, (November 3, 1993), and are published no portion of the expenses incurred on N.W., Washington, D.C. 20549. to provide notice of their availability. its behalf. SUPPLEMENTARY INFORMATION: In Margaret H. McFarland, 6. After receipt of the requested order, accordance with Section 10(a) of the Deputy Secretary. applicant will file the necessary Federal Advisory Committee Act, 5 October 19, 1995. U.S.C. app 10a, the Securities and documentation with the Commonwealth John D. Wilson, Esq. Exchange Commission Consumer of Massachusetts to terminate its Shearman & Sterling, 12 rue d’Astorg, 75008 Affairs Advisory Committee hereby existence as a Massachusetts business Paris, France gives notice that it will meet on trust. Re: Distributions of Certain Dutch Securities November 15, 1995, in Room 1C30 at File No. TP 95–439 7. There are no securityholders to the Commission’s Headquarters, 450 Dear Mr. Wilson: In regard to your letter whom distributions in complete Fifth Street, N.W., Washington, D.C., dated October 16, 1995, as supplemented by liquidation of their interests have not beginning at 9:00 a.m. The meeting will conversations with the staff, this response been made. Applicant has retained no be opened to the public. thereto is attached to the enclosed photocopy assets. Applicant has no debts or other The Committee’s responsibilities of your correspondence. By doing this, we liabilities that remain outstanding. include assisting the Commission in avoid having to recite or summarize the facts Applicant is not a party to any litigation identifying investor problems and being set forth in your letter. Each defined term in or administrative proceeding. more responsive to their needs. The this letter has the same meaning as defined in your letter, unless otherwise noted herein. 8. Applicant is not now engaged, nor Committee will explore fundamental Response does it propose to engage, in any issues of concern to investors, including business activities other than those matters currently under consideration On the basis of your representations and the facts presented, the Commission hereby necessary for the winding up of its by the Commission and topics of emerging concern to investors and the grants exemptions from Rules 10b–6, 10b–7, affairs. financial services industry. and 10b–8 under the Securities Exchange Act For the Commission, by the Division of of 1934 (‘‘Exchange Act’’) to distribution The purpose of this meeting, among participants, as defined in Rule 10b– Investment Management, pursuant to other things, will be to consider and delegated authority. 6(c)(6)(ii), and their affiliated purchasers, as review Commission developments on defined in Rule 10b–6(c)(6)(i) (collectively, Margaret H. McFarland, investor initiatives such as descriptions ‘‘Relevant Parties’’), in connection with Deputy Secretary. of risk in mutual funds, profile transactions in Relevant Securities (as [FR Doc. 95–26936 Filed 10–30–95; 8:45 am] prospectuses, new rules governing defined below) outside the United States during distributions of Qualified Dutch BILLING CODE 8010±01±M municipal securities, proposals to improve trading prices for investors, Securities (as defined below) subject to the compensation practices, arbitration and following terms, conditions, and limitations: other current issues. I. Securities 55392 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices
A. The security being distributed A. All transactions during the Covered current market price of the security (‘‘Qualified Dutch Security’’) must: Period (as defined below) in Relevant underlying the rights. 5 1. be issued by (a) a ‘‘foreign private Securities effected in The Netherlands shall 2. When required pursuant to paragraph issuer’’ within the meaning of Rule 3b-4 be conducted in compliance with Dutch law III.D.1. above, the Relevant Parties will under the Exchange Act incorporated under and the rules of the ASE. For purposes of provide the following information to the the laws of The Netherlands, which issuer these exemptions, ‘‘Covered Period’’ means: SEA, in a Comma Delimited ASCII (American (‘‘Dutch Issuer’’) has outstanding a (i) in the case of a rights distribution, the Standard Code for Information Interchange) component security of the Amsterdam EOE- period commencing when the subscription format including a common record layout Index (‘‘AEX’’); 1 or (b) a subsidiary of a price is determined and continuing until the acceptable to the SEA and the Division of Dutch Issuer described in paragraph I.A.1.a.; completion of the distribution in the United Market Regulation (‘‘Division’’), with respect and States, and (ii) in the case of any other to transactions during the Covered Period in 2. satisfy one of the following: distribution, the period commencing three Relevant Securities: a. be an equity security of a Dutch Issuer business days in Amsterdam before the price a. name of the security, date, time (of which security has an aggregate market value is determined and continuing until the execution and reporting, where available to that equals or exceeds the equivalent of NLG completion of the distribution in the United the Relevant Party), price, and volume of 1.6 billion (which exceeded US$1 billion as States; provided, however, that the Covered each transaction; provided, however, that no of October 16, 1995), and a worldwide Period shall not commence with respect to information regarding a customer transaction average daily trading volume that equals or any Relevant Party until such person need be provided unless such transaction has exceeds the equivalent of NLG 8 million becomes a distribution participant. a value of NLG 500,000 or more (which exceeded US$5 million as of October B. All transactions in Relevant Securities (approximately US$315,000 as of October 16, 16, 1995), as published by foreign financial during the Covered Period effected in The 1995); regulatory authorities (‘‘FFRAs’’) 2 and any Netherlands on a principal basis shall be b. the exchange or inter-dealer quotation U.S. securities exchanges or automated inter- effected or reported on the trading facilities system on which the transaction was dealer quotation systems during the of the ASE (including the Automatic effected, if any; Reference Period; or b. be a security that is convertible into, Interprofessional Dealing System Amsterdam c. an indication whether such transaction exchangeable for, or a right to acquire a and the Amsterdam Stock Exchange Trading was for a proprietary account or the account security of a Dutch Issuer described in System). of a customer, provided that any transaction 4 paragraph I.A.2.a. above. C. Disclosure of Trading Activities. effected by an underwriter for a customer B. ‘‘Relevant Security’’ means: 1. The inside front cover page of the account for which it has exercised 1. a Qualified Dutch Security; or offering materials used in the offer and sale discretionary authority shall be reported as a 2. a security of the same class and series in the United States of a Qualified Dutch proprietary trade; and as, or a right to purchase, a Qualified Dutch Security shall prominently display a d. the identity of a counterparty only Security. 3 statement in substantially the following form, where such counterparty is an underwriter or subject to appropriate modification where a selling group member. II. Transactions Effected in the United States circumstances require. Such statement shall 3. The SEA and the Relevant Parties shall All transactions in Relevant Securities be in capital letters, printed in bold-face keep all documents produced or prepared effected in the United States shall comply roman type at least as large as ten-point pursuant to paragraph III.D.2. above for a with Rules 10b–6, 10b–7, and 10b–8. modern type and at least two points leaded: period of not less than two years. In connection with this offering, certain 4. Upon the request of the Division, the III. Transactions Effected in the Netherlands persons may engage in transactions for their SEA shall transmit the information provided own accounts or for the accounts of others in by the Relevant Parties pursuant to paragraph 1 References to the AEX refer to the composition [identify relevant securities] pursuant to III.D.2. above to the Division within 30 days of the index on the date of this letter; provided, exemptions from rules 10b–6, 10b–7, and of the request. however, that any security added to the AEX after the date of this letter also will be treated as a 10b–8 under the Securities Exchange Act of 5. If the information required to be Qualified Dutch Security if its issuer satisfies the 1934. See ‘‘[identify section of offering produced in paragraph III.D.2. above is not requirements in paragraph I.A.1. and such security materials that describes the transactions to be available from the SEA, upon the request of has an aggregate market value that equals or effected].’’ the Division such information shall be exceeds the equivalent of NLG 1.6 billion (which 2. In addition, there shall be included in provided by the Relevant Party and be made exceeded US$1 billion as of October 16, 1995) and the identified section of the offering materials available to the Division at its office in an average daily trading volume that equals or exceeds the equivalent of NLG 8 million (which a comprehensive description of the activities Washington, DC. exceeded US$5 million as of October 16, 1995) as that may be undertaken by the Relevant 6. Representatives of a Relevant Party will published by ‘‘foreign financial regulatory Parties in the Relevant Securities during the be made available (in person at the office of authorities’’ (as defined below) and any U.S. distribution. the Division or by telephone) to respond to securities exchanges or automated inter-dealer D. Recordkeeping and Reporting. inquiries of the Division relating to its quotation systems, during a period (‘‘Reference 1. Each Relevant Party shall provide to the records. Period’’) that is 20 consecutive business days in SEA the information described in paragraph Amsterdam within 60 consecutive calendar days III.D.2. below with respect to its transactions IV. Transactions Effected in Significant prior to the commencement of the Covered Period Markets as defined in paragraph III.A. below. in Relevant Securities in The Netherlands; 2 An FFRA is defined in Section 3(a)(51) of the provided, however, that in the case of a A. All transactions in Relevant Securities Exchange Act, 5 U.S.C. 78(c)(51), as any (A) foreign distribution made pursuant to rights, such in a ‘‘Significant Market,’’ as defined below, securities authority; (B) other governmental body or information is only required to be reported to shall be effected in accordance with the foreign equivalent of a self-regulatory organization the SEA during the period or periods requirements of Rules 10b–6, 10b–7, and empowered by a foreign government to administer commencing at any time during the Covered 10b–8, except as permitted by paragraph or enforce its laws relating to the regulation of IV.B. below or by other available exemptions. fiduciaries, trusts, commercial lending, insurance, Period that the rights exercise price does not trading in contracts of sale of a commodity for represent a discount of at least 10 percent For purposes of these exemptions, future delivery, or other instruments traded on or from the then current market price of the ‘‘Significant Market’’ means: (i) SEAQ subject to the rules of a contract market, board of security underlying the rights and continuing International or any other dealer market trade, or foreign equivalent, or other financial until (a) the end of the Covered Period or (b) outside the United States and The activities; or (C) membership organization a until the rights exercise price represents a Netherlands for which price and volume function of which is to regulate participation of its discount of at least 12 percent from the then information is published by an FFRA or (ii) members in activities listed above. The Amsterdam any other securities market(s) in a single Stock Exchange (‘‘ASE’’) together with the Stock Exchange Association (‘‘SEA’’) is considered to be 4 Unless subsequently modified by the country other than the United States or The an FFRA. Commission, this disclosure requirement shall not 3 You do not request and this letter does not grant apply to distributions effected solely pursuant to 5 For purposes of these exemptions, unless stated any relief with respect to transactions in options Rule 144A under the Securities Act of 1933 otherwise, the market price for a security shall be effected on the Amsterdam EOE Optiebeurs. (‘‘Securities Act’’). the closing price on the ASE. Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55393
Netherlands to which a Dutch Issuer has The foregoing exemptions from Rules 10b– offerings or offerings of shares. Pursuant to applied for listing the Qualified Dutch 6, 10b–7, and 10b–8 are based solely on your Dutch corporate law, subject to certain Security and been accepted, if during the representations and the facts presented, and exceptions, existing shareholders have pre- Reference Period the volume in either (i) or are strictly limited to the application of those emptive rights to subscribe pro-rata to any (ii) in such Qualified Dutch Security, as rules to the proposed transactions. Any capital increase or to sell their pre-emptive published by the relevant FFRA(s) in such different facts or representations might rights, which are separately tradeable securities market is 10 percent or more of the require a different response. Responsibility securities, on the market. Dutch law also aggregate worldwide trading volume in that for compliance with any other applicable authorizes shareholders voting at a general security published by all FFRAs in (i) and provisions of the federal securities laws must shareholders’ meeting to approve a capital (ii), FFRAs in The Netherlands, and U.S. rest with the Relevant Parties. The Division increase and/or to restrict or exclude the securities markets to which such Dutch expresses no view with respect to any other current shareholders’ pre-emptive rights. The Issuer has applied for listing such Qualified questions that the proposed transactions may general shareholders’ meeting can also Dutch Security and been accepted. raise, including, but not limited to, the delegate authority to the issuer’s management B. Any transactions by Relevant Parties in adequacy of disclosure of any other federal board or supervisory board, for up to five a ‘‘Relevant SEAQ International Security,’’ as or state laws to the proposed transactions. years, to decide in favor of a capital increase, defined in Letter regarding Distributions of For the Commission, by the Division of set the terms of capital increases within an Certain United Kingdom Securities and Market Regulation, pursuant to delegated overall limit of authorized capital and restrict Certain Securities Traded on SEAQ authority. or exclude pre-emptive rights. Restricted pre- International (January 10, 1995) (‘‘United Nancy J. Sanow, emptive rights might, for example, limit the Kingdom Exemptions Letter’’), that are number of shares in the offering reserved for Assistant Director. effected in the United Kingdom shall be existing shareholders. In primary offerings in made subject to the terms and conditions of October 16, 1995. The Netherlands, pre-emptive rights are often restricted or excluded. In the context of an the United Kingdom Exemptions Letter. Division of Market Regulation offering without pre-emptive rights the issuer Securities and Exchange Commission, 450 V. General Conditions and the underwriting syndicate can Fifth Street, NW., Washington, DC 20549, nevertheless agree to provide certain priority A. For purposes of these exemptions, a two U.S.A. business day cooling-off period shall apply rights to existing shareholders. under Rule 10b–6(a)(4) (xi) and (xii) in the Attention: Ms. Nancy J. Sanow, Assistant In primary offerings (other than rights United States and each Significant Market, Director, Office of Trading Practices offerings) and secondary offerings in The provided that trading in Relevant Securities Exemptions from Rules 10b–6, 10b–7 and Netherlands, securities are typically in Significant Markets shall be subject to the 10b–8 for Distributions of Certain Dutch distributed in the following manner. A exemptive relief then available in such Securities syndicate of underwriters typically market, if any, or the record maintenance and Dear Ms. Sanow: We are acting as counsel undertakes (in exchange for underwriters’ record production requirements contained in to ABN AMRO Bank N.V. and the compensation the terms of which vary from Letter regarding Application of Cooling-Off Amsterdam Stock Exchange (‘‘ASE’’) in offering to offering) on a guaranteed basis to Periods Under Rule 10b–6 to Distributions of connection with possible registered equity purchase and pay or procure purchasers and Foreign Securities (April 4, 1994). offerings of actively-traded securities of payment for the securities. In practice, the B. The lead underwriter or the global certain Dutch companies, involving a lead underwriter will normally have settled coordinator or equivalent person shall distribution of some or all of the equity all major points (apart from price) with the promptly, but in any event before the securities of such companies in the United issuer or the selling shareholder at least two commencement of the Covered Period, States. On behalf of ABN AMRO Bank N.V. or three weeks in advance of the issuer’s or provide a written notice (‘‘Notice’’) to the and the ASE we hereby submit the following selling shareholder’s decision to proceed Division containing the following application to the Securities and Exchange with the offering. The lead underwriter information: (i) The name of the issuer and Commission (the ‘‘Commission’’) for typically advises the issuer or the selling the Qualified Dutch Security; (ii) whether the exemptions from Rules 10b–6, 10b–7 and shareholder and will guide the listing Qualified Dutch Security is an AEX 10b–8 (the ‘‘Trading Rules’’) under the process. The publication of the preliminary component security or information with Securities Exchange Act of 1934, as amended prospectus (day 1) is followed by a period respect to the market capitalization and the (the ‘‘Exchange Act’’), for distributions of typically (but not always) lasting two weeks, average daily trading volume of the Qualified qualified Dutch securities consistent with the during which the retail subscription is open Dutch Security to be distributed; (iii) the Commission’s International Series Release and institutional bookbuilding is carried out. identity of the Significant Markets where the No. 606. At the close of this period the offer price is Qualified Dutch Security trades; (iv) if the We seek exemptions for distributions of decided following discussion between the Notice is for more than one entity, the Dutch securities that are component lead underwriter, the issuer and any selling identity of all underwriters and selling group securities of the Amsterdam EOE-Index (the shareholders. On the next day, called members relying on these exemptions; 6 and ‘‘AEX’’) 1, where the Dutch issuer has a ‘‘impact day’’, the offer price is announced, (v) a statement that the Relevant Parties are market capitalization that equals or exceeds the underwriting agreement is signed, aware of the terms and conditions of these U.S. $1 billion (approximately NLG 1.6 allocations are communicated to retail and exemptions. Reference is made to the notice billion at October 16, 1995) 2 and a institutional investors and trading in the requirement of the United Kingdom worldwide average daily trading volume that securities commences. Closing and payment Exemptions Letter for any transactions in a equals or exceeds $5 million (approximately occurs three days later (day 18). Relevant Security that is a Relevant SEAQ NLG 8 million at October 16, 1995), as more Before and during the offering period, the International Security for purposes of that fully discussed below. lead underwriter will normally advise the letter. issuer or the selling shareholders as to I. Offerings By Dutch Companies C. Any person who fails to comply with various aspects of the offering, will assist the the conditions of the exemptions, including A. Primary and Secondary Offerings issuer in obtaining a listing of the securities if they are not already listed, and will have a failure to provide requested information, In primary offerings, Dutch companies can knowledge of the seller’s intentions with would not be permitted to rely on the issue shares either pursuant to rights exemptions in future distributions. Upon a respect to timing and size of the offering. Although the lead underwriter will have showing of good cause, however, the 1 Commission or the Division may determine The AEX is a continuously updated, market- price-sensitive information regarding the capitalization-weighted performance index based securities and the offering, Article 10 of the that it is not necessary under the on the prices of shares of 25 leading Dutch circumstances that the exemptions be denied. companies listed on the ASE. The AEX component Membership Rules SEA, together with the securities are selected on the basis of their effective Code of Conduct on Confidential Information 6 Supplemental Notices shall be provided for trading volumes on the ASE. See Exhibit 1 for a list promulgated by the SEA in its Circulars underwriters and selling group members identified of the AEX component securities on the date hereof. numbered 91–30 and 91–43 dated March 28, after a Notice has been filed. 2 1 NLG = U.S. 1.5979 (on October 13, 1995). 1991, require the underwriter’s corporate 55394 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices finance division to comply with a code of determined per type of stock, is met. Orders communicated to the SEA. The time, price confidentiality, and thus to keep such that are below the wholesale limit set for a and volume of retail and certain wholesale information confidential from its credit and particular stock are generally executed in the trades are reported on the ASE’s screen-based stockbroking divisions. retail segment of the market. Orders equal to information system. The time, price and The Listing and Issuing Rules of the ASE or in excess of the wholesale limit set for a volume of trades executed by an ASE require an application for the listing of shares particular stock must be executed in the principal and ‘‘megatrades’’ (trades far in in primary or secondary offerings to be made. wholesale segment of the market. excess of the wholesale trade threshold) must This application must be submitted by both The retail market segment operates through be reported within five minutes of the trade, the issuer and a member of the Vereniging a hoekman and the Limit Order Book system. to the Commissaris van de Notering voor de Effectenhandel (Stock Exchange Opening prices in major securities listed on (Commissioner of Quotation) of the SEA. Association or ‘‘SEA’’), usually the lead the ASE are fixed by the relevant hoekman, Details of all trades on AIDA and ASSET are underwriter, who supports the application. who is member of the ASE and designated by published by the SEA on the day following The documents to be filed must include, the SEA to act as a specialist for the relevant the trade. among other things, a copy of the prospectus security. The hoekman fixes the opening At the close of each trading day, the ASE relating to the issuer, and the audited annual quotation by balancing the available supply publishes the Officiele Prijscourant (Official accounts of the issuer for the last five and demand for a security against the bid and Price List) containing a summary of the total financial years. In most cases, a draft of the asked prices for a security. After fixing the volume of all trading per share during the prospectus will already have been reviewed opening price, continuous trading in the trading day, together with the average price and approved by the SEA before the security commences. The hoekman indicates per hour of retail trades only. In the case of application is submitted. The SEA will prices, takes and matches orders from megatrades, members of the ASE may apply decide upon the application. In the event the exchange members and reports the prices of to the Commissioner of Quotation for SEA grants authorization for listing, the actual transactions. Each hoekman is familiar publication of a trade to be delayed until issuer and the SEA will enter into a listing with the range of bid and asked prices being settlement has been made between the agreement pursuant to which the issuer will quoted and is expected, in accordance with parties. The ASE also publishes weekly and be required to comply with the SEA’s Listing ASE practice, to maintain a fair and orderly monthly summaries of the total volume of all and Issuing Rules, circulars in connection market in the security, using his own funds retail trades, wholesale trades and therewith and Dutch law. as required. All trades are reported megatrades. immediately by the hoekman to the ASE, are B. Rights Offerings shown on the ASE’s screen and are III. Securities Regulation in the Netherlands Offerings with pre-emptive rights permit disseminated worldwide by trading data A. The Act on the Supervision of Securities the current shareholders in a Dutch company vendors. The closing price for a security is Trade and the Securities Board fixed by the hoekman at the actual price of to participate in a capital increase pro rata Securities regulation in The Netherlands is the last trade in the relevant security on a or to sell their pre-emptive rights, which are governed by the Wet Toezicht given day. The Order Book is an electronic securities separable from the shares, on the Effectenverkeer (the Act on the Supervision system through which all retail orders for a ASE. The structure and techniques of an of the Securities Trade, or ‘‘ASST’’) and the particular security are collected, sorted and offering with pre-emptive rights are similar to implementing regulations thereunder. The executed. The hoekman may match orders for the structure and techniques as described Minister of Finance has delegated a security with retail orders in his Order under I.A. above of this letter. supervision of the securities regulation under Book or with orders for a security in the the ASST to the Stichting Toezicht II. The Amsterdam Market wholesale market. Effectenverkeer (the ‘‘Securities Board’’). Wholesale orders may be executed through The ASE is an organized stock exchange The Securities Board, a foundation the retail segment, by trading outside the operated by the SEA. The ASE is subject to established under Dutch law, is an ASE by telephone, or through two additional Dutch law and is not registered under the independent legal entity, governed by a four trading systems: Exchange Act in any capacity. The SEA was to six member Bestuur (the ‘‘Governing founded on May 17, 1876 and is an —The Automatic Interprofessional Dealing Board’’). Members of the Governing Board association established under Dutch law. System Amsterdam (‘‘AIDA’’); and must be independent from operators of The admission of equity securities to —The Amsterdam Stock Exchange Trading securities exchanges, brokers and listing on the Official Market of the ASE is System (‘‘ASSET’’). underwriters in The Netherlands, and are governed by the SEA’s Listing and Issuing AIDA is a screen-based, quote-driven appointed and dismissed by the Minister of Rules, in addition to general Dutch law. electronic trading system (comparable to the Finance upon the recommendation of the Pursuant to the Listing and Issuing Rules, a German IBIS system) through which ASE Governing Board. company’s stock may only be admitted to the members can execute orders automatically The Securities Board supervises the Official Market of the ASE if the market value for certain ASE designated securities. ASSET, securities exchanges, including the ASE. In of the stock available for trading is at least comparable to the London-based SEAQ connection with its supervisory functions, NLG 50,000,000 (approximately system, is a screen-based, competitive market the Securities Board has the power to obtain US§ 31,500,000 at October 16, 1995) and making system, which permits ASE members information from a securities exchange and constitutes at least 5% of the company’s to advertise bids and offers for certain ASE to investigate its operations to determine issued capital. In addition, the available designated securities. Trading on AIDA and whether the content, application and nominal amount of the stock must be at least ASSET form part of trading on the ASE and enforcement of the exchange’s rules and 10,000 times larger than the smallest trades thereon are subject to compliance with regulations properly ensure the orderly deliverable denomination of the stock. The the ASE’s rules and regulations. ASSET functioning of the securities markets and Listing and Issuing Rules also include information is communicated to non- safeguard the interests of investors active on requirements as to prospectus disclosure and members via trading data vendors. such markets. The Securities Board also is periodic reporting for companies listed on Approximately 40 of the most actively traded empowered to determine whether there are the ASE. ASE securities are traded through AIDA and grounds for filing a complaint of insider Trading on the floor of the ASE takes place ASSET. trading. The Securities Board has similar on a continuous basis from 9.30 a.m. to 4.30 Trading by telephone outside the ASE may powers of investigation with respect to p.m. (Amsterdam time) each business day. take place between two ASE members, members of a securities exchange and is The ASE distinguishes between trading in between an ASE member and an investor, or empowered to determine whether members and processing large wholesale orders and between an ASE member and a foreign are in compliance with the ASST, and the smaller retail orders. For each of the two intermediary. Most equity trades are, rules and regulations of the relevant market segments a separate system has been however, carried out through the ASE (i.e., securities exchange. developed. Whether a market transaction is on the trading floor or through AIDA). Securities exchanges in The Netherlands carried out in the wholesale market or the Details of all trades on the ASE (i.e., retail may only operate with the approval of the retail market depends on whether the trades and wholesale trades), including the Minister of Finance. In order to obtain such ‘‘wholesale limit’’, a turnover limit time, price and volume of each trade, are approval, the securities exchange must Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55395 demonstrate that its operations and the engage in a wide range of trading activities as to correct market imbalances in supply content, application and enforcement of its in relation to the offered securities or and demand. Price stabilization must be rules and regulations properly ensure the derivative instruments related to such carried out with the intention of promoting orderly functioning of the securities markets securities. These activities include trading in stable price behavior and a fair and orderly and safeguard the interests of investors active securities in the ordinary course for their market in the interests of investors and on such markets. Once such approval has own account, market making and marketing, issuers. Price stabilization must be conducted been granted, Dutch securities exchanges as well as brokerage, custodial, and by designated stabilizing underwriters and operate as self-regulating organizations and investment advisory services (including must be limited to purchase and sale listed securities and members of a securities managing customers’ portfolios on a transactions in the relevant stock and its exchange are subject to the rules and discretionary basis and managing mutual related securities, provided that such regulations of the relevant securities funds). transactions are made for the account and at exchange. The ASE is an approved stock In addition, the lead underwriter would the risk of the syndicate. The price exchange and has its own rules and typically be involved in the maintenance of stabilization rules also apply to transactions regulations. The Compliance Department of an orderly market in the securities during the in the relevant stock and its related securities the ASE is currently authorized to act on the distribution. Dutch underwriters manage made by the stabilizing underwriters and Securities Board’s behalf in connection with their underwriting risks, and the lead bookrunners for their own accounts. its investigatory, compliance and underwriter manages the risks associated In principle, a stabilizing bid is allowed at enforcement functions. with maintaining an orderly market, in two any proposed price. However, price Failure by the operator of a securities principal ways: by going long or short, and stabilization during the period commencing exchange to comply with certain provisions by hedging through the Amsterdam EOE on the date of the announcement of the of the ASST, including operating a securities Optiebeurs. The underwriters may be active offering until the date of allocation of the exchange without the required approval, in trading all kinds of securities of an issuer, securities is permitted only at or below the failure to comply with the terms and or derivative instruments related to such trading price at the time of the conditions of such approval, failure to securities, in the cash market (i.e., common announcement of the offering (the ‘‘Reference comply with instructions given by the or preferred shares, bonds with equity Price’’) or the last preceding official Securities Board or the Minister of Finance, warrants, convertible bonds and straight quotation, whichever is the higher. If the or failure to provide information requested bonds) and in the options and futures market stock is already listed on the ASE, the by the Securities Board or to cooperate with (i.e., equity options, futures, index options Reference Price must be in line with the last an investigation by the Securities Board, and index futures). In these markets, preceding official quotation on the ASE. constitutes an economic offence under the underwriters would both execute orders for The underwriters’ intention to engage in Wet op de Economische Delicten (Financial customers and trade securities and price stabilization must be disclosed Offenses Act) and may lead to imprisonment derivatives for their own account. Other prominently in the prospectus and on the and/or a fine. activities involve arbitrage trading between Official Price List. If price stabilization B. The Stock Exchange Association the various national and international commences before distribution of the exchanges where securities may be listed, prospectus, disclosure of the underwriters’ The SEA, as operator of the ASE, has index-arbitrage and basket-trading. intention to engage in price stabilization adopted rules and regulations which apply to must be made to potential investors by securities listed on the ASE. These rules and B. Trading Restrictions During an Offering alternative means on the date of the regulations include, but are not limited to, The Securities Trading Rules generally announcement of the offering. the Membership Rules, the Listing and forbid ASE members from manipulating the Bookrunners and stabilizing underwriters Issuing Rules, the Securities Trading Rules, trading price of a particular stock or from must maintain a register, recording the date, the Quotation Rules, and the Securities cooperating in such price manipulation. The time, price, volume and other details of each Complaints Rules. The SEA is responsible, SEA has issued a guideline with regard to stabilization transaction made for the account among other things, for publishing price price manipulation. According to the and at the risk of the syndicate and of each quotations, issuing a price list, providing guideline, price manipulation includes the transaction made by the stabilizing general and specific information on securities dissemination of false information in order to underwriters or bookrunners for their own trading, adopting rules and regulations for affect the trading price of a particular stock accounts. This register must be available for securities trading, and supervising and any act or action which creates a false immediate inspection by the Compliance and observance of the rules and regulations or misleading impression of the market in a Enforcement Department of the ASE. In (including adopting and administering particular stock, taking into consideration the addition, the lead underwriter must enter measures of control and discipline, as well as circumstances of the case. The act of into a written agreement with all syndicate penal provisions). purchasing or selling a security during a members who are not ASE members, obliging IV. Customary Market Activities of, and distribution does not by itself constitute price them to make all transaction data and records Trading Restrictions Imposed Upon, manipulation; certain additional factors must necessary to verify compliance with the Underwriters During Offerings be present. The Securities Trading Rules do stabilization rules and regulations not specifically define those additional immediately available to the Compliance and A. Customary Market Activities During an factors. Enforcement Department. If the examination Offering The Securities Trading Rules provide, by the Compliance and Enforcement In The Netherlands, banks are the however, that trading activities during a Department of transaction data and records underwriters of securities. The vast majority permitted period (i.e., the period furnished by a syndicate member that is not of Dutch banks provide a full range of commencing on the date of the an ASE member strongly suggests non- commercial, investment banking and announcement of the offering until thirty compliance, the SEA shall request the securities services in the tradition of days after the closing date), undertaken to relevant foreign authorities to conduct a universal banking. The financial activities of stabilize the price of a security during an further investigation and to take measures, if Dutch banks include traditional deposit and offering, will not constitute price necessary. Lead underwriters and co-leads credit activities, securities activities (such as manipulation, provided that such activities may request the Compliance and brokerage, underwriting and custodial are carried out in accordance with the Enforcement Department to institute an services) and investment advisory services. Securities Trading Rules’ stabilization investigation if there is reason to suspect that The majority of trading in Dutch securities provisions. Stabilization activities carried out the regulations have not been adequately and derivatives is conducted by Dutch banks outside the permitted period may, under observed. On behalf of the syndicate, the lead (or their affiliates) either for their own certain circumstances, be considered to be underwriters will have full access to the accounts or for the accounts of customers. price manipulation. findings of the Compliance and Enforcement Subject to application of the trading The rules on price stabilization define Department. Accordingly, the obligation of restrictions described below, during an price stabilization as intervention in the that Compliance and Enforcement offering, the Dutch banks acting as market for the account of a syndicate within Department under the SEA to observe secrecy underwriters would typically continue to the framework of a securities transaction so does not apply to the identity of syndicate 55396 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices members or to individual transaction such transaction to the ASE’s Trade permitted to buy and sell Relevant Securities, information in the event of non-compliance Supervision Department providing certain as either principal or agent, in connection with the rules and regulations. information including the name and clearing with their customers’ trading activities. Such In case of a primary or secondary offering code of the stock broking firm, the name of restrictions would also conflict with an ASE of shares previously listed on the ASE, the stock, the ISIN code, the size of the member’s duties, pursuant to the ASE Code syndicate members not acting as stabilizing transaction, the transaction time, the of Conduct for Personal and Corporate underwriters are required to refrain from transaction price and the counterparty. These Members, to ensure that the client’s interests active market making in the relevant stock records and accounts must be sufficient to prevail and, pursuant to the Dutch General during a specified restricted period. This demonstrate compliance with the Securities Banking Conditions, to act in the best prohibition applies from the date that written Trading Rules. ASE members are required to interests of its clients. invitation to participate in the syndicate is record transaction information adequately 2. Distribution participants’ risk received until the invitation to participate and in verifiable form. The Chairman of the management activities would be restricted to has been declined or until the lead Governing Board of the SEA may issue those permitted by Rule 10b–8. underwriter has announced its decision to instructions to a corporate member to remedy 3. Distribution participants’ customary discontinue any stabilizing activities. The any inadequacies in the member’s proprietary trading activities, involving obligation to refrain from active market administrative system so as to comply with arbitrage and other trading strategies, would making applies to all syndicate members. the above. be curtailed. With respect to non-members of the ASE, the The Articles of Association of the ASE 4. Accounts managed by distribution lead underwriter will be obliged to ensure require corporate members to allow the participants and their affiliates on a that the rules are complied with by Compliance and Enforcement Department of discretionary basis and investment funds for stipulating observance of the rules in the the ASE, or external auditors or experts which they act as investment advisors could invitation telex. ASE members not appointed by such Department, to verify such be considered ‘‘affiliated purchasers’’ under participating in the syndicate are prohibited records. In addition, the ASST obliges Rule 10b–6(c)(6)(i). Such affiliated from trading in an intermediary capacity for brokers to allow an inspection of all books purchasers would be subject to the same a syndicate member if such trading could and documents relating to their business by restrictions under Rule 10b–6 as the relevant reasonably be assumed to be in contravention the Securities Board or on its orders, and to distribution participant and would not be of the prohibition against active market provide all required assistance in any permitted to bid for or purchase Relevant making by a syndicate member. The general investigation. Securities. prohibition on market making activities As described above, details of all trades on 5. Distribution participants, including the means facilitating activities are permitted the ASE, including the time and price of each underwriters and in particular the lead only if they are performed at the request of trade and the volume of shares traded, are underwriters, would be unable to maintain clients. Accordingly, a syndicate member’s communicated to the SEA. an orderly market in the Relevant Securities activities must be confined to executing during an offering. orders rather than building up its own B. Availability of Records 6. Application of the Trading Rules could position. Positions taken up must be reduced Pursuant to the ASST, the Securities Board also distort the liquidity and depth of market as soon as possible. During the restricted is generally authorized to provide for the Relevant Securities on the Dutch period, quotations on ASSET must be made information acquired in the course of market. The Dutch securities market is highly conservatively. enforcing the ASST to competent authorities concentrated and it is customary practice in A breach of the Securities Trading Rules by responsible for supervising the securities The Netherlands that the majority of, if not underwriters who are ASE members may industry in other states, provided that all, major banks will participate in and share result in the imposition of penalties. confidentiality is sufficiently ensured. In the risk of a large, highly-visible offering. Depending on the circumstances of the addition, where The Netherlands has entered Given that these same banks and their breach, such penalties may vary from a into a treaty on the exchange of securities affiliates conduct the bulk of the trading in warning, reprimand, fine of up to NLG trading information with another state, the AEX’s securities in The Netherlands, 500,000 (approximately US $315,000 at ASST specifically empowers the Securities application of the Trading Rules to The October 16, 1995), suspension from the ASE Board to obtain information from and to Netherlands during an offering could cause for up to six months (together with a fine, if investigate or order an investigation into the the liquidity and depth of market for the appropriate) or expulsion from the ASE. activities of any person for the purpose of Relevant Securities to be adversely affected. Trading restrictions imposed on an issuer implementing the treaty. The Kingdom of In addition, pricing of the Relevant Securities arise from the fact that Dutch law prohibits The Netherlands and the United States of a Dutch company from purchasing its own on the Dutch market could be adversely America have entered into a treaty dated shares, except in limited circumstances. affected. Such an event could also distort the December 11, 1989 on mutual administrative These circumstances are set forth in Section AEX and other market performance indices assistance in the exchange of information in 98 of Book 2 of the Dutch Civil Code of which the Qualified Dutch Securities are securities matters. (concerning Companies and Other Legal a component. Persons) and are limited to purchases where VI. Impact in the Netherlands of The U.S. VII. Scope and Conditions of Exemption (i) shareholders’ equity less the payment Trading Rules We propose that the Commission grant required to make the acquisition does not fall Application of the Trading Rules to the exemptions to the effect that the Trading below the sum of paid-up capital and any activities of distribution participants and Rules shall not apply to distribution reserves required by Dutch law or the their affiliates outside the United States company’s Articles of Association and (ii) the participants, as defined in Rule 10b– could seriously jeopardize the success of any company would not thereafter hold (whether 6(c)(6)(ii), and their affiliated purchasers, as offering in The Netherlands. In particular, itself, as pledgee, or through a subsidiary) defined in Rule 10b–6(c)(6)(i) (collectively, application of the Trading Rules outside the shares with an aggregate par value exceeding ‘‘Relevant Parties’’) in connection with United States would have, inter alia, the one-tenth of the company’s issued share transactions in Relevant Securities (as following consequences: capital. defined below) outside the United States 1. Application of the Trading Rules would during distributions in the United States of V. Availability of Trading Information prevent distribution participants from Qualified Dutch Securities (as defined fulfilling their normal market activities and below), subject to the following terms, A. Record-Keeping Requirements dealings with customers who may wish to conditions and limitations: Pursuant to the Membership Rules of the trade in the Relevant Securities (as defined ASE and guidelines issued thereunder, in VII1.b. below) during an offering. 1. Securities members are required to keep adequate Moreover, distribution participants might not a. The security being distributed (a records and accounts of all transactions. In be able to continue certain of their regular ‘‘Qualified Dutch Security’’) must: addition, when conducting a purchase or sale contacts with customers, such as discussions (i) be issued by (aa) a ‘‘foreign private transaction in a listed security for its own regarding investment strategies with respect issuer’’ within the meaning of Rule 3b–4 account, an ASE member is required to report to the Relevant Securities, and might not be under the Exchange Act, incorporated under Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55397 the laws of The Netherlands, which issuer continuing until the completion of the (aa) the name of the security, the date, time has outstanding a component security of the distribution in the United States; provided, (of execution and reporting, where available AEX 3 (a ‘‘Dutch Issuer’’) or (bb) a subsidiary however, that the Amsterdam Covered Period to the Relevant Party), price and volume of of such a Dutch Issuer; and shall not commence with respect to any each transaction, provided that no (ii) satisfy one of the following: Relevant Party until such person becomes a information regarding a customer transaction (aa) be an equity security of a Dutch Issuer, distribution participant. need be provided unless such transaction has having an aggregate market capitalization b. All transactions in Relevant Securities a value of NLG 500,000 (approximately equal to or greater than $1 billion during the Amsterdam Covered Period US§ 315,000 at October 16, 1995) or more; (approximately NLG 1.6 billion at October effected in The Netherlands shall be effected (bb) the exchange or inter-dealer quotation 16, 1995) and a worldwide average daily on or reported to the ASE. system on which the transaction was trading volume that equals or exceeds $5 c. Disclosure of trading activities: effected, if any; million (approximately NLG 8 million at (i) The inside front cover page or forefront (cc) an indication of whether such October 16, 1995), as published by a foreign of the preliminary prospectus and the transaction was for a proprietary account or financial regulatory authority (‘‘FFRA’’) 4 and prospectus used in the offer and sale of a for the account of a customer; provided, any U.S. securities exchanges or automated Qualified Dutch Security in the United States however, that any transaction effected by a inter-dealer quotation systems during a shall prominently display a statement in Relevant Party for a customer account for period that is 20 consecutive business days substantially the following form, subject to which it has exercised discretionary in Amsterdam within 60 consecutive appropriate modification where authority shall be reported as a proprietary calendar days prior to the commencement of circumstances require. Such statement shall trade; and the Amsterdam Covered Period (as defined be printed in capital letters in bold-face (dd) where the counterparty is an below) for Dutch Issuers; or roman type at least as large as ten-point underwriter or a selling group member, the (bb) be a security that is convertible into, modern type and at least two points leaded: identity of the counterparty. exchangeable for, or is a right to acquire a ‘‘In connection with this offering, certain (iii) The SEA and the Relevant Parties shall security of a Dutch Issuer described in persons may engage in transactions for their keep all documents produced or prepared subparagraph (ii)(aa) above. own accounts or for the accounts of others in pursuant to paragraph 3.d(ii) for a period not b. ‘‘Relevant Security’’ means: (i) a Qualified Dutch Security; or [identify relevant securities] pursuant to less than two years. (ii) a security of the same class and series exemptions from rules 10b–6, 10b–7 and (iv) Upon the request of the Division, the as, or a right to purchase, a Qualified Dutch 10b–8 under the Securities Exchange Act of SEA shall transmit the information provided Security.5 1934. See [identify section of offering by the Relevant Parties pursuant to paragraph materials that describes the transactions to be 3.d(ii) to the Division within 30 days of the 2. Transactions Effected in the United States effected].’’ request. All transactions in Relevant Securities (ii) In addition, the ‘‘Underwriting’’ section (v) If the information required to be effected in the United States shall comply of the preliminary prospectus and the produced in paragraph 3.d(ii) is not available with the Trading Rules unless otherwise prospectus used in the offer and sale of a from the SEA, upon the request of the excepted or exempted from the operation of Qualified Dutch Security in the United States Division such information shall be provided these rules. shall include a description of the activities by the Relevant Party and be made available that may be undertaken by the Relevant to the Division at its office in Washington, 3. Transactions Effected in The Netherlands Parties in the Relevant Securities during the D.C. within 30 days of the request. a. All transactions during the Amsterdam distribution, substantially in the form of (vi) Representatives of the affected Covered Period (as defined below) in Exhibit B hereto. Relevant Party will be made available (in Relevant Securities effected by the Relevant d. Record-keeping and reporting: person at the office of the Division in Parties in The Netherlands shall be (i) Each Relevant Party shall provide to the Washington, D.C., or by telephone) to conducted in compliance with Dutch law SEA the information described in paragraph respond to inquiries of the Division relating and the rules of the ASE. For the purposes 3.d (ii) below with respect to its transactions to the records provided by such Relevant of this exemption, ‘‘Amsterdam Covered in Relevant Securities in The Netherlands Party. Period’’ means (i) in the case of a rights during the Amsterdam Covered Period, 4. Transactions Effected in Significant offering, the period commencing when the provided that in the case of a distribution Markets subscription price is determined and made pursuant to a rights offering, such continuing until completion of the information is only required to be reported to All transactions in Relevant Securities in a distribution in the United States and (ii) in the SEA during the period or periods (aa) significant market shall be effected in the case of any other distribution, the period commencing at any time during the accordance with Rules 10b–6, 10b–7 and commencing three Amsterdam business days Amsterdam Covered Period that the rights 10b–8, or other available exemptions. For the before the price is determined and exercise price does not represent a discount purpose of this exemption, the term of at least 10% from the then current market ‘‘significant market’’ means any securities 3 References to the AEX refer to the composition price of the security underlying the rights market in a country other than the United of the index on the date of this letter; provided, and continuing (x) until the end of the States or The Netherlands to which a Dutch however, that any security added to the AEX after Amsterdam Covered Period or (y) until the Issuer has applied for a listing or obtained a the date of this letter also will be treated as a rights exercise price represents a discount of quotation for a Qualified Dutch Security and Qualified Dutch Security if its issuer satisfies the at least 12% from the then current market has been accepted if, during a period that is requirements in VII1.a. 6 20 consecutive business days in Amsterdam 4 price of the security underlying the right. An FFRA is defined in Section 3(a)(51) of the (ii) When required pursuant to paragraph within 60 consecutive calendar days prior to Exchange Act, 5 U.S.C. 78(c)(51), as any (A) foreign the commencement of the Amsterdam securities authority; (B) other governmental body or 3.d (i) above, the Relevant Parties will foreign equivalent of a self-regulatory organization provide the following information to the SEA Covered Period for the Qualified Dutch empowered by a foreign government to administer in Comma Delimited ASCII (American Security the volume in such Qualified Dutch or enforce its laws relating to the regulation of Standard Code for Information Interchange) Security, as published by the relevant FFRA fiduciaries, trusts, commercial lending, insurance, format including a common record layout in such securities market, is 10% or more of trading in contracts of sale of a commodity for acceptable to the SEA the Commission’s the aggregate worldwide trading volume in future delivery, or other instruments traded on or Division of Market Regulation (the that security as published by all FFRAs in subject to the rules of a contract market, board of ‘‘Division’’), with respect to transactions such significant markets, the Dutch market trade, or foreign equivalent, or other financial and the U.S. securities market. activities, or (C) membership organization a during the Amsterdam Covered Period in function of which is to regulate participation of its Relevant Securities: 5. General Conditions members in activities listed above. For purposes of this letter, the ASE and the SEA are considered to 6 For the purposes of this exemption, unless a. For purposes of these exemptions, a two be FFRA. stated otherwise the current market price for a business day cooling-off period shall apply 5 We are not requesting an exemption for trading Relevant Security shall be the closing price on the under Rule 10b-6(a)(4)(xi) and (xii) in the in options on the Amsterdam EOE Optiebeurs. floor of the ASE. United States. Each significant market shall 55398 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices be subject to the exemptive relief then Stork N.V.* Attention: Mr. H.W. te Beest, General available in such market, if any, or the record Unilever N.V. Manager, Compliance and Enforcement maintenance and record production Verenigd Bzeit VNU N.V. The London Stock Exchange requirement in the letter regarding Wolters Kluwer N.V. Old Broad Street, London EC2N 1HP, United Application of Cooling-off Periods Under Kingdom Rule 10b–6 to Distributions of Foreign Exhibit B Securities (April 4, 1994). The Dutch Underwriters (and their Attention: Paul Henderson b. The lead underwriter, global co- affiliates) will, and the Underwriters (and Exemptions from Rules 10b–6, 10b–7 and ordinator or equivalent person shall their affiliates) other than the Dutch 10b–8 for the Secondary Offering of promptly but in any event before the Underwriters may, continue to engage in the Shares of Koninklijke PTT Nederland NV commencement of the Amsterdam Covered transactions and other activities described Ladies and Gentlemen: We are writing on Period for the Qualified Dutch Security and below, in The Netherlands and elsewhere behalf of ABN AMRO Bank N.V. as global within such time limitations as are outside the United States, in respect of the coordinator in connection with the proposed prescribed by the ASE, provide written Ordinary Shares, securities of the same class global equity offering by the State of The notice (‘‘Notice’’) to the SEA and the Division and series as the Ordinary Shares, and Netherlands of Ordinary Shares, par value containing the following information: securities convertible into, exchangeable for, NLG 10, or American Depositary Receipts (aa) the name of the issuer and the or giving a right to acquire, the foregoing evidencing American Depositary Shares, Qualified Dutch Security; securities, and derivatives thereof each of which represents the right to receive (bb) whether the Qualified Dutch Security (collectively, the ‘‘Relevant Securities’’) one Ordinary Share, of Koninklijke PTT is an AEX component security or information during the distribution period, in accordance Nederland NV, a Dutch corporation (the about the market capitalization and the with exemptions granted by the U.S. ‘‘Issuer’’). We are submitting this Notice to world-wide average daily trading volume of Securities and Exchange Commission (the each of you in accordance with the the Qualified Dutch Security to be ‘‘Commission’’) from the application outside requirements of the Letter regarding distributed; the United States of Rules 10b–6, 10b–7 and Exemptions from Rules 10b–6, 10b–7 and (cc) the identity of each significant market 10b–8 under the U.S. Securities Exchange 10b–8 for Distributions of certain Dutch where the Qualified Dutch Security trades; Act of 1934. Such exemptions are subject to Securities (October 17, 1995): (dd) if the Notice is for more than one certain exceptions, limitations and (aa) The name of the issuer is Koninklijke entity, the identity of all underwriters and conditions set out in the Commission’s PTT Nederland NV. The Qualified Dutch selling group members relying on these exemptive order, including compliance with Security is an Ordinary Share, par value NLG exemptions; and Dutch law and the rules of the Amsterdam 10, of the Issuer. (ee) a statement that the Relevant Parties Stock Exchange where applicable. (bb) The Issuer’s Ordinary Shares are an are aware of the terms and conditions of The activities referred to above include (a) AEX component security. On the date hereof these exemptions; buying and selling Relevant Securities for the the Issuer had a market capitalization equal Supplemental Notices shall be made for accounts of such Underwriters (or their to NLG 25 billion (approximately U.S. 15.8 underwriters and selling group members affiliates), whether for purposes of risk billion) 1 and a worldwide average daily identified after a Notice has been filed. management in connection with the offering, trading volume 2 equal to NLG 48 million * * * * * arbitrage, or otherwise, (b) buying and selling (approximately U.S. 30.3 million). We believe that this proposed exemption Relevant Securities on behalf of customers, (cc) The Amsterdam Stock Exchange and would make it possible to maintain liquidity (c) advising customers as to the purchase or SEAQ International are the only significant for shares of Dutch companies throughout a sale of Relevant Securities including the markets where the Qualified Dutch Security public offering, while minimizing the risk of publication of specific company and industry trades or is quoted. abuses of the kind at which the Trading research reports, (d) engaging in securities (dd) See Annex A hereto for the identity lending transactions in Relevant Securities Rules are aimed. of all underwriters and selling group and (e) stabilizing the market (as described We appreciate your prompt attention to members relying on these exemptions. below). As a result of these activities the this matter. If you have any questions or (ee) We hereby confirm that all distribution Underwriters may at any time be short or comments relating to the above, please call participants, as defined in Rule 10b– long in Relevant Securities. (collect) the undersigned or Andrea K. Muller 6(c)(6)(ii), and their affiliated purchasers, as It is general market practice in The in our Paris office (telephone: 011–33–1–44– defined in Rule 10b–6(c)(6)(i), are aware of Netherlands for underwriters, and the lead 71–17–17). the terms and conditions of the exemptions. underwriter in particular, to maintain an If you have any questions relating to the Very truly yours, orderly market in subscription rights and above please call (collect) the undersigned or John D. Wilson. existing shares, and it is expected that the Andrea K. Muller in our Paris office Exhibit A lead underwriter will take measures to avoid extreme price fluctuations during the (telephone 011–33–1–44–71–17–17). ABN AMRO Holding N.V. distribution period. Very truly yours, AEGON N.V. The activities referred to above may result John D. Wilson Koninklijke Ahold N.V. in the market prices of the Relevant Akzo Nobel N.V. Securities being different from those that Annex A Koninklijke Bols Wessanen N.V. might otherwise have prevailed in the open CSM N.V. ABN AMRO Bank N.V. market if Rules 10b–6, 10b–7 and 10b–8 had Internationale Nederlanden Bank N.V. DSM N.V. applied in The Netherlands and elsewhere Elsevier N.V. Rabo Effecten Bank N.V. outside the United States. Morgan Stanley & Co. Incorporated Fortis Amev N.V. October 19, 1995. Koninklijke Gist Brocades N.V. Swiss Bank Corporation Division of Market Regulation Heineken N.V. ABN AMRO Hoare Govett Corporate Finance Securities and Exchange Commission, 450 Koninlijke Nederlandse Hoogovens en Limited Fifth Street, N.W., Washington, DC Staalfabrieken N.V. CS First Boston Limited 20549, U.S.A. Internationale Nederlanden Groep N.V. KLM N.V. Attention: Ms. Nancy J. Sanow, Assistant 1 1 NLG = U.S. 1.5835 (on October 17, 1995) Koninklijke KNP BT N.V. Director, Office of Trading Practices 2 Worldwide average daily trading volume is Koninkllijke PTT Nederland NV Amsterdam Stock Exchange calculated using information published by a foreign Koninklijke Nedlloyd Groep N.V.* Beursplein 5, 1012 JW Amsterdam, The financial regulatory authority as defined in Section Koninklijke Pakhoed N.V.* Netherlands 3(a)(51) of the Securities Exchange Act of 1934, as Philips Electronics N.V. amended, and any U.S. securities exchange or Polygram N.V. * Do not currently meet the market capitalization automated inter-dealer quotation system during a Koninklijke Nederlandse Petroleum and worldwide average daily trading volume period that is 20 consecutive business days in Maatschappij requirements described in this letter. Amsterdam within 60 consecutive calendar days prior to October 18, 1995. Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55399
Kempen & Co. N.V. time, the Commission granted to ISCC a participants will have an inordinate and MeesPierson N.V. temporary exemption from compliance unintended control of the nomination NIBStrating Financial Markets N.V. with Section 17A(b)(3)(C) of the Act and voting processes. Accordingly, ISCC KBW Effectenbank N.V. which requires fair representation of its requests an extension of its registration F. van Lanschot Bankiers N.V. SNS Bank Nederland N.V. shareholders (or members) and approval with a continuation of this 10 ABN AMRO Securities (USA) Inc. participants in the selection of its exemption. Lehman Brothers Inc. directors and administration of its Interested persons are invited to RBC Dominion Securities Corporation affairs.5 Since that time, the submit written data, views, and Smith Barney Inc. Commission has extended ISCC’s arguments concerning the foregoing Alex. Brown & Sons Incorporated temporary registration through application. Such written data, views, CS First Boston Corporation November 30, 1995.6 and arguments will be considered by the A.G. Edwards & Sons, Inc. One of the primary reasons for ISCC’s Commission in granting registration or Baring Securities Inc. registration as a clearing agency was to instituting proceedings to determine Dean Witter Reynolds Inc. whether registration should be denied Barclays de Zoete Wedd Limited enable it to provide for the safe and efficient clearance and settlement of in accordance with Section 19(a)(1) of Cazenove & Co. 11 NatWest Securities Limited international securities transactions by the Act. Persons making written Baring Brothers Limited providing links to centralized, efficient submissions should file six copies Credit Lyonnais Securities processing systems in the United States thereof with the Secretary, Securities Daiwa Europe Limited and in foreign financial institutions. and Exchange Commission, 450 Fifth Morgan Grenfell & Co. Limited ISCC continues to develop its capacity Street NW., Washington, D.C. 20549. Banque Indosuez to offer these services.7 Copies of the applicant and all written Morgan Stanley & Co. International Limited As a part of its temporary registration, comments will be available for Banca Commerciale Italiana S.p.A. ISCC has an exemption from Section inspection at the Commission’s Public Bank Brussel Lambert N.V. Reference Room, 450 Fifth Street, N.W., Creditanstalt-Bankverein 17A(b)(3)(C) of the Act due to ISCC’s 8 Washington, D.C. 20549. All DG BANK—Deutsche Genossenschaftsbank limited participant base. ISCC has represented to the Commission that it submissions should refer to File No. [FR Doc. 95–26898 Filed 10–30–95; 8:45 am] believes it still does not have a 600–20 and should be submitted by BILLING CODE 8010±01±P meaningful participant base with only November 30, 1995. thirty-seven of the forty-four ISCC For the Commission, by the Division of [Release No. 34±36411; International Series members currently using ISCC services.9 Market Regulation, pursuant to delegated 12 Release No. 874; File No. 600±20] This is an increase of seventeen active authority. members since ISCC received its most Margaret H. McFarland, Self-Regulatory Organizations; recent registration extension in 1993. Deputy Secretary. International Securities Clearing ISCC continues to believe that if its [FR Doc. 95–26896 Filed 10–30–95; 8:45 am] Corporation; Notice of Filing of a participants are given an ability to BILLING CODE 8010±01±M Request for Extension of Temporary participate in the selection of the board Registration as a Clearing Agency of directors in accordance with Section 17A(b)(3)(C) of the Act, these [Release No. 34±36409; File Nos. SR±NYSE± October 25, 1995. 95±31; SR±PSE±95±25; SR±Amex±95±42; SR±Phlx±95±71] Notice is hereby given that on October 5 Currently, ISCC’s Board of Directors is 23, 1995, the International Securities authorized for a maximum of twenty-two members. Self-Regulatory Organizations; Notice Clearing Corporation (‘‘ISCC’’) filed Twelve of those directors are selected from the with the Securities and Exchange general partners or officers of participants by ISCC’s of Filing and Order Granting nominating committee. Two directors must be Accelerated Approval of Proposed Commission (‘‘Commission’’) an officers of ISCC. Eight directors are nominees of application pursuant to Section 19(a)(1) Rule Changes by the New York Stock National Securities Clearing Corporation (‘‘NSCC’’), Exchange, Inc., the Pacific Stock of the Securities Exchange Act of 1934 the sole shareholder of ISCC. Participants may (‘‘Act’’),1 to extend ISCC’s temporary submit names to ISCC’s Nominating Committee by Exchange, Inc., the American Stock submitting a petition to ISCC’s Secretary signed by Exchange, Inc., and the Philadelphia registration as a clearing agency for a the lesser of 5% of the participants or fifteen period of twenty-four months or such Stock Exchange, Inc., To Add Two participants. If a participant nominates a candidate Positions and Exercise Limit Tiers for longer period as the Commission deems for participant director, ballots are sent out to all appropriate.2 The Commission is participants to vote in accordance with their usage Qualifying Equity Option Classes and publishing this notice to solicit of ISCC’s system. NSCC will vote its shares to elect To Expand the Equity Option Hedge the participant directors selected by the Exemption comments on the request for extension participants. of registration from interested persons. 6 Securities Exchange Act Release Nos. 28606 October 23, 1995. On May 12, 1989, the Commission (November 16, 1990), 55 FR 47976; 30005 Pursuant to Section 19(b)(1) of the granted the application of ISCC for (November 27, 1991), 56 FR 63747; and 33233 (November 22, 1993), 58 FR 63195. Securities Exchange Act of 1934 registration as a clearing agency 1 2 7 For example, ISCC has added three service (‘‘Act’’), and Rule 19b–4 thereunder, pursuant to Sections 17A and 19(a) of providers, Standard Bank of South Africa, Westpac notice is hereby given that on the Act 3 and Rule 17Ab2–1(c) Custodian Nominees Limited of Australia, and September 26, October 5, October 16, thereunder on a temporary basis for a Wespac Nominees-NZ-Limited, to its Global October 17, 1995, respectively, the New period of eighteen months.4 At that Clearance Network Service to provide settlement and custody services in South Africa, Australia, and York Stock Exchange, Inc. (‘‘NYSE’’), New Zealand, respectively. Securities Exchange Act the Pacific Stock Exchange, Inc. 1 15 U.S.C. 78s(a)(1) (1988). Release Nos. 35392 (February 16, 1995), 60 FR (‘‘PSE’’), the American Stock Exchange, 2 Letter from Julie Beyers, Associate Counsel, 10415 and 36339 (October 5, 1995), 60 FR 53447. ISCC, to Christine Sibille, Senior Counsel, Office of 8 15 U.S.C. § 78q–1(b)(3)(C) (1988). 10 Supra note 2. Securities Processing, Division of Market 9 Eleven of these members use ISCC’s link with 11 Regulation, Commission (October 20, 1995). the London Stock Exchange. Three members use 15 U.S.C. § 78s(a)(1) (1988). 3 15 U.S.C. 78q–1 and 78s(a) (1988). ISCC’s link with CEDEL. Five members use ISCC’s 12 17 C.F.R. § 200.30–3(a)(16) (1994). 4 Securities Exchange Act Release No. 26812 (May link with Euroclear. Thirty-two members use ISCC’s 1 15 U.S.C. § 78s(b)(1) (1988). 12, 1989), 54 FR 21691. Global Clearance Network Service. 17 CFR 240.19b–4 (1994). 55400 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices
Inc. (‘‘Amex‘‘), and the Philadelphia III below. The self-regulatory This proposal is also identical to the Stock Exchange, Inc. (‘‘Phlx’’) organizations have prepared summaries, CBOE’s recently approved rule (collectively the ‘‘Exchanges’’), filed set forth in Sections A, B, and C below, amendment.10 The exemption provides with the Securities and Exchange of the most significant aspects of such that the maximum allowable position Commission (‘‘Commission’’) the statements. where each option contract is hedged by proposed rule changes as described in A. Self-Regulatory Organizations’ 100 shares of stock or securities Items I and II below, which Items have Statements of the Purpose of, and convertible into stock, will be three been prepared by the self-regulatory Statutory Basis for, the Proposed Rule times instead of twice the standard or organizations. The PSE subsequently 11 Changes base limit currently provided. filed Amendment No. 1 to their The Exchanges are requesting proposed rule change on October 17, 1. Purpose 3 approval of the proposed 20,000 and 1995. The Exchanges have requested The Exchanges are proposing to add 25,000 position and exercise limit tiers accelerated approval of the proposals. two new tiers to their current three tier for qualifying equity option classes and The Commission is approving the position and exercise limits.6 The an expansion of the current equity proposals on an accelerated basis and requested tiers are identical to the new option hedge exemption to three times soliciting comments. tiers that the Commission recently the base position limit because the I. Self-Regulatory Organizations’ approved for the Chicago Board Options Exchanges strongly believe that the Statements of the Terms of Substance of Exchange, Inc. (‘‘CBOE’’).7 investing community will benefit from the Proposed Rule Changes The Exchanges propose to add two the rule proposals. In particular, position and exercise limit tiers at The Exchanges propose to add two according to the Exchanges, investors 4 25,000 and 20,000 contract levels. The with sizable holdings, accounts, or upper position and exercise limit tiers criterion to qualify for the proposed for those equity option classes that meet assets who employ equity options to 25,000 contract limit will require that hedge large holdings, and who have certain criteria for high liquidity in the the underlying security must have at underlying stocks. In addition, the found the existing equity option least 300 million shares outstanding position limit tiers and hedge Exchanges propose to expand the with 75 million shares traded in the past current equity option hedge exemption exemption to be too restrictive will be six months, or have 100 million shares greatly benefited through the rule from twice to three times the standard traded in the past six months. To qualify 5 proposals. The Exchanges do not believe or base position limit. for the proposed 20,000 contract limit, The Exchanges request the that the increased limits and expanded the underlying security must have at Commission to find good cause, equity hedge exemption proposed least 240 million shares outstanding pursuant to Section 19(b)(2) of the Act, herein will increase the risk of, or with 60 million shares traded in the past for approving the proposed rule changes exposure to, market disruption resulting six months, or have 80 million shares prior to the thirtieth day after from the higher number of equity option traded in the past six months. contracts permitted to be under publication in the Federal Register. According to the Exchanges, the common control. II. Self-Regulatory Organizations’ number of equity option classes Statements of the Purpose of, and currently listed that would qualify for 2. Statutory Basis Statutory Basis for, the Proposed Rule either of these new higher position and Changes exercise limit tiers is small. The NYSE The Exchanges believe that the has 11 options classes, the PSE has 30 proposed rule changes are consistent In its filings with the Commission, the with Section 6 of the Act in general, and self-regulatory organizations included options classes, the Amex has 62 options classes, and the Phlx has 16 furthers the objectives of Section 6(b)(5) statements concerning the purpose of of the Act in particular,12 in that the and basis for the proposed rule changes options classes that would qualify for the 25,000 contract tier. Similarly, the proposals are designed to remove the and discussed any comments they impediments to and perfect the received on the proposed rule changes. NYSE has five options classes, the PSE has 13 options classes, the Amex has 28 mechanisms of a free and open market The text of these statements may be and a national market system by examined at the places specified in Item options classes, and the Phlx has 11 options classes that would satisfy the providing investors with enhanced 8 hedging capabilities. 3 See letter from Michael D. Pierson, Senior 20,000 contract tier requirements. Attorney, Market Regulation, PSE, to Michael A. In addition to the proposed 25,000 B. Self-Regulatory Organizations’ Walinskas, Branch Chief, Options Regulation, and 20,000 contract tiers, the Exchanges Statements on Burden on Competition Division of Market Regulation, Commission, dated are also proposing to expand the equity October 13, 1995 (‘‘Amendment No. 1’’). In 9 Amendment No. 1, the PSE requested accelerated option position limit hedge exemption. The Exchanges do not believe that the approval for their proposed rule change. proposed rule changes will impose any 4 Positions limits impose a ceiling on the 6 See NYSE Rules 704 and 705; PSE Rules 6.8 and burden on competition. aggregate number of option contracts on the same 6.9; Amex Rules 904 and 905; and Phlx Rules 1001 side of the market that an investor, or group of and 1002. C. Self-Regulatory Organizations’ investors acting in concert, may hold or write. 7 See Securities Exchange Act Release No. 36371 Statements on Comments on the Similarly, exercise limits impose a ceiling on the (October 13, 1995) (File No. SR–CBOE–95–42) Proposed Rule Changes Received From aggregate long positions in option contracts that an (‘‘CBOE Approval Order’’). investor, or group of investors acting in concert, can 8 The number of options classes listed on the Members, Participants, or Others or will have exercised within five consecutive Exchanges that would qualify for the two new business days. position and exercise limit tiers should be No written comments were either 5 The equity hedge exemption currently exempts considered in conjunction with the fact that the solicited or received. certain specified equity options positions from the NYSE currently has 170 equity option classes listed, stated (or base) position limits where the option the PSE currently has 354 equity option classes 10 contracts are hedged by 100 shares of stock or listed, the Amex currently has 539 equity option See CBOE Approval Order, supra note 7. securities convertible into such stock (or hedged by classes listed, and the Phlx currently has 350 equity 11 The Commission notes that the proposed the same number of shares represented by an option classes listed. increase in the maximum hedge exemption will adjusted option contract), up to a maximum 9 See NYSE Rule 704(b)(ii); PSE Rule 6.8, apply to all position limit tiers, not just to the allowable position of twice the standard or base Commentary .07; Amex Rule 904, Commentary .09; proposed 25,000 and 20,000 contract tiers. limit. and Phlx Rule 1001, Commentary .07. 12 15 U.S.C. 78f(b)(5) (1988). Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55401
III. Solicitation of Comments options contracts disproportionate to exchanges in 1983.18 The Commission Interested persons are invited to the deliverable supply and average noted in the 1985 Release that submit written data, views, and trading volume of the underlying liberalizing position and exercise limits arguments concerning the foregoing. security. At the same time, the would further increase the potential Persons making written submissions Commission has realized that limits depth and liquidity of the individual should file six copies thereof with the must not be established at levels that are stock options markets without Secretary, Securities and Exchange so low as to discourage participation in significantly increasing concerns Commission, 450 Fifth Street, N.W., the options market by institutions and regarding intermarket manipulations or Washington, D.C. 20549. Copies of the other investors with substantial hedging disruptions of the market for the options submission, all subsequent needs or to prevent specialists and or underlying securities. amendments, all written statements market makers from adequately meeting Lastly, in December 1993, the with respect to the proposed rule their obligations to maintain a fair and Commission approved the Exchanges’ changes that are filed with the orderly market.14 existing position and exercise limit Commission, and all written In October 1980, the Commission framework for individual equity communications relating to the approved proposed rule changes by options.19 Depending on certain criteria proposed rule changes between the several options exchanges to increase related to the trading volume of the Commission and any person, other than position and exercise limits from 1,000 underlying stock or a combination of those that may be withheld from the to 2,000 contracts for all individual both the trading volume and the number public in accordance with the equity options classes.15 In conjunction of shares outstanding of the underlying provisions of 5 U.S.C. § 552, will be with the approval, the Commission stock, the Exchanges’ current position available for inspection and copying at received commitments from the options and exercise limits were established at the Commission’s Public Reference exchanges to study the effects of the levels of 10,500 contracts, 7,500 Section, 450 Fifth Street, N.W., increased limits. The Commission contracts, and 4,500 contracts.20 Washington, D.C. 20549. Copies of such indicated that the experience gained The Exchanges proposed to add two filings also will be available for under the increased limits, if coupled position and exercise limit tiers at inspection and copying at the principal with adequate monitoring and 25,000 and 20,000 contract levels. As offices of the Exchanges. All surveillance procedures, could serve as stated above, the criterion to qualify for submissions should refer to File Nos. a basis for considering further position SR–NYSE–95–31, SR–PSE–95–25, SR– 18 See Securities Exchange Act Release No. 21907 and exercise limit modifications. (March 29, 1985), 50 FR 13440 (April 4, 1985) Amex–95–42, and SR–Phlx–95–71, and In July 1983, the Commission (order approving File Nos. SR–PSE–85–01, SR– should be submitted by November 21, approved a further increase in position Amex–84–30, and SR–Phlx–84–25) (‘‘1985 1995. Release’’). The 1985 Release created a three-tiered and exercise limits for individual stock system of position and exercise limits of 8,000, 16 IV. Commission’s Findings and Order options based on a tiering approach. 5,500, and 3,000 contracts. To be eligible for the Granting Accelerated Approval of Limits for options on stocks with the 8,000 contract limit an underlying security was Proposed Rule Changes greatest trading volume and public float required to have had either (i) trading volume of at were increased to 4,000 contracts and least 40 million shares during the most recent six A. Description and Background month trading period; or (ii) trading volume of at limits on all other options classes were least 30 million shares during the most recent six Since the inception of standardized increased to 2,500 contracts.17 In month trading period and at least 120 million options trading, the options exchanges approving the increased limits under a shares currently outstanding. To be eligible for the have had rules imposing limits on the 5,500 contract limit an underlying security was two-tiered framework, the Commission required to have had either (i) trading volume of at aggregate number of options contracts noted that tiering was consistent with least 20 million shares during the most recent six that a member or customer could hold the gradual, evolutionary approach that month trading period; or (ii) trading volume of at or exercise. These rules are intended to the Commission and the exchanges have least 15 million shares during the most recent six prevent the establishment of large month trading period and at least 40 million shares adopted in increasing position and currently outstanding. All other options not options positions that can be used or exercise limits. meeting these requirements were subject to the might create incentives to manipulate or In 1985, the Commission approved a 3,000 contract limits. disrupt the underlying market so as to further increase in position and exercise 19 See Securities Exchange Act Release Nos. benefit the options position. In 33284 (December 3, 1993), 58 FR 65215 (December limits for individual equity options. 13, 1993) (order approving File No. SR–NYSE–93– particular, position and exercise limits This approval extended the tiering are designed to minimize the potential 41); 33282 (December 3, 1993), 58 FR 65218 approach commenced by the options (December 13, 1993) (order approving File No. SR– for mini-manipulations 13 and for PSE–92–38); 33285 (December 3, 1993), 58 FR corners or squeezes of the underlying 65201 (December 13, 1993) (order approving File 14 market. In addition, they serve to reduce See H.R. Rep. No. IFC–3, 96th Cong., 1st Sess. No. SR–Amex–93–27); and 33288 (December 3, at 189–91 (Comm. Print 1978) (‘‘Options Study’’). 1993), 58 FR 65221 (December 13, 1993) (order the possibility for disruption of the 15 See Securities Exchange Act Release No. 17237 approving File No. SR–Phlx–93–07) (collectively options market itself, especially in (October 22, 1980), 45 FR 71454 (October 28, 1980) ‘‘1993 Release’’). illiquid options classes. (order approving File Nos. SR–PSE–80–15, SR– 20 To be eligible for the 10,500 contract limit an In establishing position and exercise Amex–80–23, and SR–Phlx–80–21) (‘‘1980 underlying security must have either (i) trading limits, the Commission has been careful Release’’). volume of at least 40 million shares during the most 16 See Securities Exchange Act Release No. 19975 recent six month trading period; or (ii) trading to balance two competing concerns. (July 15, 1983), 48 FR 33389 (July 21, 1983) (order volume of at least 30 million shares during the most First, the Commission has recognized approving File Nos. SR–PSE–83–09, SR–Amex–83– recent six month trading period and at least 120 that the limits must be sufficient to 05, and SR–Phlx–83–04) (‘‘1983 Release’’). million shares currently outstanding. To be eligible prevent investors from disrupting the 17 To be eligible for the 4,000 contract limit an for the 7,500 contract limit an underlying security market for the underlying security by underlying security was required to have had either must have either (i) trading volume of at least 20 (i) trading volume of at least 20 million shares million shares during the most recent six month acquiring and exercising a number of during the most recent six month trading period; or trading period; or (ii) trading volume of at least 15 (ii) trading volume of at least 15 million shares million shares during the most recent six month 13 Mini-manipulation is an attempt to influence, during the most recent six month trading period trading period and at least 40 million shares over a relatively small range, the price movement and at least 60 million shares currently outstanding. currently outstanding. All other options not in a stock to benefit a previously established All other options not meeting these requirements meeting these requirements are subject to the 4,500 derivatives position. were subject to the 2,500 contract limits. contract limits. 55402 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices the proposed 25,000 contract limit will additional position and exercise limit believe that a change from the current require that the underlying security tiers recognize this by seeking to three tiers to five tiers should change must have at least 300 million shares minimize the restraints on those options this conclusion. Similarly, as the outstanding with 75 million shares classes that can accommodate larger Commission views the expansion of the traded in the past six months, or have limits without significantly increasing equity hedge exemption as consistent 100 million shares traded in the past six manipulation concerns.23 In particular, with its steady progression in this area, months. To qualify for the proposed the proposed limit of 25,000 contracts the enactment of this portion of the 20,000 contract limit, the underlying and 20,000 contracts for options on the proposed rule changes should not prove security must have at least 240 million most actively traded, widely held difficult to implement or cumbersome to shares outstanding with 60 million securities, permits the Commission to monitor. shares traded in the past six months, or avoid placing unnecessary restraints on The Commission believes that have 80 million shares traded in the those options where the manipulative although position and exercise limits for past six months. potential is the least and the need for options must be sufficient to protect the In addition to the proposed 25,000 increased positions likely is the greatest. options and related markets from and 20,000 contract tiers, the Exchanges Accordingly, the Commission believes disruptions by manipulations, the limits are also proposing to expand the equity that the additional position and exercise must not be established at levels that are hedge exemption. Under this proposal, limit tiers and the expanded equity so low as to discourage participation in the maximum allowable position, after hedge exemption is warranted. the options market by institutions and exempting from the base limit specified The Commission believes that the other investors with substantial hedging positions where the option contract is proposed additions to the Exchanges’ needs or to prevent market makers from hedged by 100 shares of stock or position and exercise limit tiers and adequately meeting their obligations to securities convertible into stock, will be increased hedge exemption appear to be maintain a fair and orderly market. In three times instead of twice the standard both appropriate and consistent with this regard, the Exchanges have noted or base limit currently provided. the Commission’s gradual, evolutionary that customers and member firms view approach. There are no ideal limits in the current position and exercise limits B. Discussion the sense that options positions of any for certain options classes as too low. The Commission finds that the given size can be stated conclusively to The Commission believes that the proposed rule changes are consistent be free of any manipulative concerns. Exchanges’ proposals are a reasonable with the requirements of the Act and the The Commission, however, is relying on and appropriately tailored effort to rules and regulations thereunder the absence of discernible manipulation accommodate the identified needs of applicable to the national securities problems under the current framework options market participants. In this exchanges, and, in particular, with the as an indicator that the proposed regard it is important to note that the requirements of Section 6(b)(5).21 additional limit tiers and the expanded proposals only add higher position and Specifically, the Commission believes hedge exemption is justified. exercise limit tiers for classes of options that the proposed addition of position The Commission does not believe that overlying the most liquid stocks. As a and exercise limit tiers of 25,000 the addition of the two new higher limit result, the proposals affect only a small contracts and 20,000 contracts for tiers and the expanded hedge exemption number of equity option classes that are qualifying equity options, and the will have any adverse effects on the traded on the Exchanges. proposed expansion of the equity hedge options markets. In approving the two- exemption to three times the standard or tiered system in 1983, the Commission From 1988 through 1990, the base limit will accommodate the needs stated that it did not believe that Commission approved pilot programs of investors and market participants. requiring traders to keep track of two proposed by the Exchanges which The Commission also believes that the limits rather than one was burdensome provided exemptions from position proposed rule changes will increase the or confusing or would lead to accidental limits for certain fully hedged equity 25 potential depth and liquidity of the violations.24 The Commission does not option positions. The pilot programs equity options market as well as the created an exemption from equity underlying cash market without (1) A minimum of 7 and 6.3 million shares option position and exercise limits for outstanding, respectively, which are owned by accounts that had established one of the significantly increasing concerns persons other than ‘‘insiders,’’ as defined in Section regarding intermarket manipulations or four most commonly used hedged 16 of the Act; (2) a minimum of 2,000 and 1,600 26 disruptions of the market for the options shareholders, respectively; (3) trading volume of at positions. Under this exemption, the or underlying securities. Accordingly, as least 2.4 and 1.8 million shares, respectively, during maximum position limit (including the the past twelve months; (4) for an original listing, allowable exemptions) could not exceed discussed below, the rule proposal is the market price per share of the underlying consistent with the requirements of twice the established option position security must have closed at or above $7.50 during 27 Section 6(b)(5) that exchange rules the majority of business days over the preceding limit. facilitate transactions in securities while three months; and (5) to maintain its listing, the market price per share of the underlying security 25 See Securities Exchange Act Release Nos. continuing to further investor protection must have closed at or above $5 during the majority 25811 (June 20, 1988), 53 FR 23821 (June 24, 1988) and the public interest. of business days over the preceding six months. (order approving File No. SR–PSE–88–09); 25738 In approving the increased limits, the 23 The Commission continues to believe that (May 24, 1988), 53 FR 20201 (June 2, 1988) (order Commission recognizes that securities proposals to increase position and exercise limits approving File Nos. SR–Amex–87–13 and SR–Phlx– with active and deep trading markets, as must be justified and evaluated separately. After 87–37); and 27786 (March 8, 1990), 55 FR 9523 reviewing the proposed exercise limits, along with (March 14, 1990) (order approving File No. SR– well as with broad public ownership, the eligibility criteria for the two new tiers, the NYSE–89–09) (‘‘Pilot Approval Orders.’’). are more difficult to manipulate or Commission has concluded that the proposed 26 The four hedged positions are: (1) long stock disrupt than securities having less exercise limit additions do not raise manipulation and short call; (2) long stock and long put; (3) short active and deep markets and having problems or increase concerns over market stock and long call; and (4) short stock and short 22 disruption in the underlying securities. put. smaller public floats. The proposed 24 In this regard, the Commission notes that the 27 In May 1995, after several extensions, the Exchanges routinely, and on a continuous basis, Commission granted permanent approval to the 21 15 U.S.C. 78f(b)(5) (1988). review the trading characteristics of the underlying Exchanges’ hedge exemption pilot programs. See 22 The Commission notes that the quantitative stocks to determine the appropriate position and Securities Exchange Act Release No. 35738 (May options listing and maintenance standards require: exercise limit tiers for the option classes. 18, 1995), 60 FR 27573 (May 24, 1995) (order Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55403
The Exchanges currently propose to Commission believes that it is amends the NYSE’s Minor Rule increase the hedge exemption to three consistent with Section 6(b)(5) of the Violation Enforcement and Reporting times the applicable position limits. Act to approve the proposed rule Plan (‘‘Plan’’) to include these entry and According to the Exchanges, as changes on an accelerated basis. cancellation procedures for MOC and institutional accounts are unable to fully LOC orders.2 The Exchange believes hedge their stock holdings due to the V. Conclusion that a violation of the above-named restrictive limits, investors are rules merit possible imposition of a fine It is therefore ordered, pursuant to unnecessarily forced to keep a portion 31 under Rule 476A procedures. of their portfolio at risk. The Section 19(b)(2) of the Act that the II. Self-Regulatory Organization’s Commission believes that the proposed rule changes (File Nos. SR– NYSE–95–31, SR–PSE–95–25, SR– Statement of the Purpose of, and Exchanges’ proposal to expand the Amex–95–42, and SR–Phlx–95–71) are Statutory Basis for, the Proposed Rule hedge exemption is an appropriate hereby approved on an accelerated Change method to accommodate the identified basis. needs of options market participants. By In its filing with the Commission, the increasing the hedge exemption, the For the Commission, by the Division of self-regulatory organization included Market Regulation, pursuant to delegated statements concerning the purpose of Commission believes, large hedge funds 32 and institutional accounts will be authority. and basis for the proposed rule change provided with the means necessary to Margaret H. McFarland, and discussed any comments it received adequately hedge their stock holdings Deputy Secretary. on the proposed rule change. The text without adding risk to the options [FR Doc. 95–26899 Filed 10–30–95; 8:45 am] of these statements may be examined at the places specified in Item IV below. market. BILLING CODE 8010±01±M Lastly, the Commission notes that The self-regulatory organization has despite an appreciable growth in equity prepared summaries, set forth in options trading and the sophisticated [Release No. 34±36407; File No. SR±NYSE± Sections A, B, and C below, of the most and automated surveillance procedures 95±32] significant aspects of such statements. employed by the Exchanges, the last Self-Regulatory Organizations; Notice A. Self-Regulatory Organization’s change in position limits occurred in of Filing and Immediate Effectiveness Statement of the Purpose of, and 1993. Based on the Exchanges’ of Proposed Rule Change by the New Statutory Basis for, the Proposed Rule experience, the Commission believes York Stock Exchange, Inc., Relating to Change that the proposed increased hedge Additions to the ``List of Exchange 1. Purpose exemption and additional limit tiers Rule Violations and Fines Applicable should result in little or no additional Thereto Pursuant to Rule 476A.'' Rule 476A3 provides that the risk to the marketplace.28 Exchange may impose a fine, not to The Commission finds good cause to October 23, 1995. exceed $5,000,4 on any member, approve the proposed rule changes prior Pursuant to Section 19(b)(1) of the to the thirtieth day after the date of Securities Exchange Act of 1934 2 See Letter from Daniel Parker Odell, Assistant publication of notice of filing thereof in (‘‘Act’’),1 notice is hereby given that on Secretary, NYSE, to Glen Barrentine, Team Leader, October 1, 1995 the New York Stock Division of Market Regulation, SEC, dated October the Federal Register. Specifically, by 1, 1995. accelerating the approval of the Exchange, Inc. (‘‘NYSE’’ or ‘‘Exchange’’) 3 Rule 476A was approved by the Commission on Exchanges’ rule proposals, the filed with the Securities and Exchange January 25, 1985. See Securities Exchange Act Commission is conforming the Commission (‘‘Commission’’) the Release No. 21688 (January 25, 1985), 50 FR 5025 Exchanges’ position and exercise limits proposed rule change as described in (February 5, 1985). Subsequent additions of rules to Items I, II, and III below, which Items the Rule 476A Violations List were made in with those levels recently approved for Securities Exchange Act Release Nos. 22037 (May the CBOE.29 Accelerated approval of the have been prepared by the self- 14, 1985), 50 FR 21008 (May 21, 1985); 23104 (April proposed rule changes will thereby regulatory organization. The 11, 1986), 51 FR 13307 (April 18, 1986); 24985 provide for the desired uniformity of the Commission is publishing this notice to (October 5, 1987), 52 FR 41643 (October 29, 1987); solicit comments on the proposed rule 25763 (May 27, 1988), 53 FR 20925 (June 7, 1988); exchanges’ position and exercise limits 27878 (April 4, 1990), 55 FR 13345 (April 10, 1990); as well as hedge exemption rules. Any change from interested persons. 28003 (May 8, 1990), 55 FR 20004 (May 14, 1990); other course of action could lead to 28505 (October 2, 1990), 55 FR 41288 (October 10, I. Self-Regulatory Organization’s 1990); 28995 (March 21, 1991), 56 FR 12967 (March unnecessary investor confusion. In Statement of the Terms of Substance of 28, 1991); 30280 (January 22, 1992), 57 FR 3452 addition, the CBOE’s proposal was the Proposed Rule Change (January 29, 1992); 30536 (March 31, 1992), 57 FR noticed for the entire twenty-one day 12357 (April 9, 1992); 32421 (June 7, 1993), 58 FR The rule change revises the ‘‘List of comment period and generated no 32973 (June 14, 1993); 33403 (December 28, 1993), Exchange Rule Violations and Fines negative responses.30 Accordingly, the 59 FR 641 (January 1, 1994); 33816 (March 25, Applicable Thereto Pursuant to Rule 1994), 59 FR 15471 (April 1, 1994); 34230 (June 17, 476A’’ by adding order entry and 1994), 59 FR 32727 (June 24, 1994); and 34327 (July approving File Nos. SR–NYSE–95–04, SR–PSE–95– cancellation procedures for market-at- 7, 1994), 59 FR 35956 (July 14, 1994). 05, SR Amex–95–13, and SR–Phlx–95–10). 4 Fines imposed pursuant to Rule 476A in excess 28 The Commission notes that to the extent the the-close (‘‘MOC’’) orders on non- of $2,500 are deemed final, and therefore are subject potential for manipulation increases because of the expiration days (expiration day to the reporting requirements of section 19(d)(1) of additional tiers and expanded hedge exemption, the procedures for MOC orders are already the Act and Rule 19d–1(c) thereunder. Pursuant to Commission believes the Exchanges’ surveillance included) and for limit-at-the-close Rule 19d–1(c)(1), and SRO is required to file programs will be adequate to detect as well as to promptly with the commission notice of any ‘‘final’’ deter attempted manipulative activity. The (‘‘LOC’’) orders for expiration and non- disciplinary action taken by that SRO. Any Commission will, of course, continue to monitor the expiration days. The rule change also disciplinary action taken by an SRO for a violation Exchanges’ surveillance programs to ensure that of an SRO rule, which has been designated as a problems do not arise. more fully in the CBOE Approval Order, supra note minor rule violation pursuant to a Commission 29 See CBOE Approval Order, supra note 7. 7. approved plan, however, shall not be considered 30 In response to the CBOE’s proposal, the ‘‘final’’ if the sanction imposed consists of a fine not Commission received two comment letters. Both 31 15 U.S.C. § 78s(b)(2) (1988). exeeding $2,500 and the sanctioned person does not comment letters were generally supportive of the 32 17 CFR 200.30–3(a)(12) (1994). seek an adjudication, including a hearing, or CBOE’s proposed rule change, and are described 1 15 U.S.C. 78s(b)(1). Continued 55404 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices member organization, allied member, and cancellation procedures for Commission may summarily abrogate approved person, or registered or non- expiration days are already included in such rule change if it appears to the registered employee of a member or the Rule 476A List.8 The Exchange is Commission that such action is member organization for a minor also amending its Minor Rule Violation necessary or appropriate in the public violation of certain specified Exchange and Reporting Plan to include these interest, for the protection of investors rules. entry and cancellation procedures for or otherwise in furtherance of the The purpose of the Rule 476A MOC and LOC orders. purposes of the Act. procedure is to provide for a response 2. Statutory Basis to a rule violation when a meaningful IV. Solicitation of Comments sanction is appropriate, but when The proposed rule change is Interested persons are invited to initiation of a disciplinary proceeding consistent with Section 6(b)(6) of the submit written data, views, and under Rule 476 is not suitable because Act 9 in that it will provide a procedure arguments concerning the foregoing. such a proceeding would be more costly whereby member organizations can be Persons making written submissions and time-consuming than would be ‘‘appropriately disciplined’’ in those should file six copies thereof with the warranted given the minor nature of the instances when a rule violation is minor Secretary, Securities and Exchange violation. Rule 476A provides for an in nature, but a sanction more serious Commission, 450 Fifth Street NW., appropriate response to minor than a warning or cautionary letter is Washington, DC 20549. Copies of the violations of a certain Exchange rules or appropriate. The rule change provides a submission, all subsequent policies, while preserving the due fair procedure for imposing such amendments, all written statements process rights of the party accused sanctions, in accordance with the with respect to the proposed rule through specified, required procedures. requirements of Sections 6(b)(7) and change that are filed with the 10 The list of rules that are eligible for 6(d)(1) of the Act. Commission, and all written 476A procedures specifies those rule B. Self-Regulatory Organization’s communications relating to the violations that may be the subject of Statement on Burden on Competition proposed rule change between the fines under the rule and also includes Commission and any person, other than The Exchange does not believe that a schedule of fines. those that may be withheld from the the rule change will impose any burden In File No. SR–NYSE–84–27, which public in accordance with the on competition that is not necessary or initially set forth the provisions and provisions of 5 U.S.C. 552, will be appropriate in furtherance of the procedures of Rule 476A,5 the Exchange available for inspection and copying at purposes of the Act. indicated it would amend the list of the Commission’s Public Reference rules from time to time, as it considered C. Self-Regulatory Organization’s Section, 450 Fifth Street, NW., appropriate, in order to phase-in the Statement on Comments on the Washington, DC 20549. Copies of such implementation of Rule 476A as Proposed Rule Change Received From filing also will be available for experience with it was gained. Members, Participants, or Others inspection and copying at the principal The Exchange is presently adding to The Exchange has neither solicited office of the New York Stock Exchange, the list of rules subject to possible nor received written comments on the Inc. All submissions should refer to File imposition of fines under Rule 476A proposed rule change. No. SR–NYSE–95–32 and should be procedures the failure by members or submitted by November 21, 1995. member organizations to adhere to the III. Date of Effectiveness of the Proposed Rule Change and Timing for For the Commission, by the Division of order entry and cancellation procedures Market Regulation, pursuant to delegated 6 Commission Action for MOC orders on non-expiration days authority.13 and for LOC orders on expiration and Because the foregoing proposed rule [FR Doc. 95–26895 Filed 10–30–95; 8:45 am] non-expiration days.7 MOC order entry change: (1) does not significantly affect BILLING CODE 8010±01±M the protection of investors or the public otherwise exhaust his or her administrative interest; (2) does not impose any remedies. By deeming that unadjudicated minor significant burden on competition; and rule violations are not final, the Commission SMALL BUSINESS ADMINISTRATION permits the SRO to report such violations on a (3) does not become operative for 30 periodic basis. See Securities Exchange Act Release days from October 1, 1995, the date on [Declaration of Disaster Loan Area #2813] No. 21013 (June 1, 1984), 49 FR 23838 (June 8, which it was filed, and the Exchange 1984). provided the Commission with written Florida; Declaration of Disaster Loan 5 See Securities Exchange Act Release No. 21688, Area supra, note 3. notice of its intent to file the rule change 6 The closing procedures for non-expiration days at least five business days prior to the As a result of the President’s major require that all MOC orders be entered, reduced or filing date, it has become effective disaster declaration on October 4, 1995, cancelled no later than 3:50 p.m. As soon as pursuant to Section 19(b)(3)(A) of the and amendments thereto on October 6, practicable after 3:50, the specialist must Act 11 and subparagraph (e)(6) of Rule disseminate any MOC order imbalance of 50,000 12 8, 12, 13, 16 and 17, I find that Bay, shares or more in certain so-called pilot stocks, 19b–4 thereunder. Escambia, Franklin, Gulf, Holmes, At any time within 60 days of the stocks being added to or dropped from an index Jackson, Okaloosa, Santa Rosa, and, upon the request of a specialist, any other filing of such rule change, the stock with the approval of a Floor Official. After Washington, and Walton Counties in the 3:50 p.m., MOC orders may be entered in any stock State of Florida constitute a disaster area are irrevocable after 3:55 p.m. See Securities in which there is a published imbalance, but only Exchange Act Release No. 35854 (June 16, 1995), 60 due to damages caused by Hurricane to offset the imbalance. See Securities Exchange Act FR 32723 (June 23, 1995) (order approving File No. Opal which occurred on October 4, 1995 Release No. 35589 (April 10, 1995), 60 FR 19313 SR–NYSE–95–09). (April 17, 1995) (order approving File No. SR– through October 11; and Collier and Lee 8 NYSE–94–44). See Securities Exchange Release No. 33403 Counties for damages which occurred (December 28, 1993), 59 FR 641 (January 5, 1994) 7 The closing procedures for non-expiration and (order approving File No. SR–NYSE–93–35). on October 4 and continuing. expiration days allow LOC orders to be entered up 9 Applications for loans for physical to 3:55 p.m., but only to offset a published 15 U.S.C. 78f(b)(6). imbalance of MOC orders in that stock. Moreover, 10 15 U.S.C. 78f(b)(7) and 78f(d)(1). damages may be filed until the close of on expiration days LOC orders are irrevocable after 11 15 U.S.C. 78s(b)(3)(A). 3:40 p.m., while on non-expiration days LOC orders 12 17 CFR 240.19b–4. 13 17 CFR 200.30–3(a)(12). Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55405 business on December 3, 1995, and for Escambia, Etowah, Geneva, Henry, [Declaration of Disaster Loan Area #2815] loans for economic injury until the close Houston, Jefferson, Lee, Lowndes, of business on July 5,1996 at the address Macon, Mobile, Montgomery, Pike, Georgia; Declaration of Disaster Loan listed below: U.S. Small Business Randolph, Russell, St. Clair, Talladega Area Administration, Disaster Area 2 Office, and Tallapoosa Counties in the State of One Baltimore Place, Suite 300, Atlanta, Alabama constitute a disaster area due As a result of the President’s major GA 30308, or other locally announced to damages caused by Hurricane Opal disaster declaration on October 10, locations. In addition, applications for which occurred on October 4 through 8, 1995, and amendments thereto on economic injury loans from small 1995. Applications for loans for October 12, 13 and 23, I find that Banks, businesses located in the following physical damages may be filed until the Barrow, Bartow, Carroll, Catoosa, contiguous counties may be filed until close of business on December 3, 1995, Chattooga, Cherokee, Clay, Clayton, the specified date at the above location: and for loans for economic injury until Cobb, Coweta, Dade, Dawson, Douglas, Broward, Calhoun, Charlotte, Dade, the close of business on July 5,1996 at DeKalb, Fannin, Fayette, Floyd, Forsyth, Gadsden, Glades, Hendry, Liberty, the address listed below: U.S. Small Fulton, Gilmer, Gordon, Gwinnett, Monroe and Wakulla in the State of Business Administration, Disaster Area Habersham, Hall, Haralson, Harris, Florida; and Decatur and Seminole 2 Office, One Baltimore Place, Suite Heard, Lumpkin, Meriwether, Murray, Counties in Georgia. Any counties 300, Atlanta, GA 30308, or other locally Muscogee, Paulding, Pickens, Pike, contiguous to the above-named counties announced locations. In addition, Polk, Quitman, Rabun, Randolph, and not listed herein have been applications for economic injury loans Rockdale, Spalding, Stewart, Talbot, previously declared in a separate from small businesses located in the Towns, Troup, Union, Upson, Walker, declaration for the same occurrence. following contiguous counties may be White, and Whitfield in the State of Interest rates are: filed until the specified date at the Georgia constitute a disaster area due to above location: Bibb, Blount, Choctaw, damages caused by severe Percent Dallas, Jackson, Lawrence, Marengo, thunderstorms, high winds and flooding Marshall, Monroe, Morgan, Perry, resulting from Hurricane Opal which For physical damage: occurred on October 4 through 5, 1995. Homeowners with credit avail- Shelby, Tuscaloosa, Walker, Washington, Wilcox, and Winston Applications for loans for physical able elsewhere ...... 8.000 damages may be filed until the close of Homeowners without credit avail- Counties in the State of Alabama, and able elsewhere ...... 4.000 George, Greene, and Jackson Counties in business on December 11, 1995, and for Businesses with credit available the State of Mississippi. Any counties loans for economic injury until the close elsewhere ...... 8.000 contiguous to the above-named counties of business on July 10,1996 at the Businesses and non-profit orga- and not listed herein have been address listed below: U.S. Small nizations without credit avail- previously declared in a separate Business Administration, Disaster Area able elsewhere ...... 4.000 declaration for the same occurrence. 2 Office, One Baltimore Place, Suite Others (including non-profit orga- 300, Atlanta, GA 30308, or other locally nizations) with credit available Interest rates are: announced locations. In addition, elsewhere ...... 7.125 applications for economic injury loans For economic injury: Percent Businesses and small agricul- from small businesses located in the tural cooperatives without For physical damage: following contiguous counties may be credit available elsewhere ...... 4.000 Homeowners with credit avail- filed until the specified date at the able elsewhere ...... 8.000 above location: Butts, Calhoun, The number assigned to this disaster Homeowners without credit avail- Chattahoochee, Clarke, Crawford, Early, for physical damage is 281308 and for able elsewhere ...... 4.000 Franklin, Henry, Jackson, Lamar, economic injury the numbers are Businesses with credit available Madison, Marion, Monroe, Newton, elsewhere ...... 8.000 Oconee, Stephens, Taylor, Terrell, 864400 for Florida and 8664 for Georgia. Businesses and non-profit orga- (Catalog of Federal Domestic Assistance nizations without credit avail- Walton, and Webster in the State of Program Nos. 59002 and 59008) able elsewhere ...... 4.000 Georgia; Cherokee, Clay, Jackson and Dated: October 24, 1995. Others (including non-profit orga- Macon in North Carolina; Oconee County in South Carolina; and Bradley, Bernard Kulik, nizations) with credit available elsewhere ...... 7.125 Hamilton, Marion and Polk Counties in Associate Administrator for Disaster For Economic Injury: Tennessee. Any counties contiguous to Assistance. Businesses and small agricul- the above-named counties and not listed [FR Doc. 95–26972 Filed 10–30–95; 8:45 am] tural cooperatives without herein have been previously declared in BILLING CODE 8025±01±P credit available elsewhere ...... 4.000 a separate declaration for the same occurrence. The number assigned to this disaster [Declaration of Disaster Loan Area #2814] Interest rates are: for physical damage is 281408 and for Alabama; Declaration of Disaster Loan economic injury the numbers are Percent Area 864500 for Alabama, and 866800 for Mississippi. As a result of the President’s major For physical damage: disaster declaration on October 4, 1995, (Catalog of Federal Domestic Assistance Homeowners with credit avail- able elsewhere ...... 8.000 and amendments thereto on October 6, Program Nos. 59002 and 59008) Dated: October 24, 1995. Homeowners without credit avail- 8, 10, 12, 16, 18 and 23, I find that able elsewhere ...... 4.000 Bernard Kulik, Autauga, Baldwin, Barbour, Bullock, Businesses with credit available Butler, Calhoun, Chambers, Cherokee, Associate Administrator for Disaster elsewhere ...... 8.000 Chilton, Clarke, Clay, Cleburne, Coffee, Assistance. Businesses and non-profit orga- Conecuh, Coosa, Covington, Crenshaw, [FR Doc. 95–26971 Filed 10–30–95; 8:45 am] nizations without credit avail- Cullman, Dale, DeKalb, Elmore, BILLING CODE 8025±01±P able elsewhere ...... 4.000 55406 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices
Percent 1990–1991, p. 67), both entitled ‘‘Titles (RFC), and of requiring explanations of II and XVI: Evaluation of Pain and Other the conclusions reached about pain, Others (including non-profit orga- Symptoms.’’ apply to the evaluation of all symptoms, nizations) with credit available EFFECTIVE DATE: October 31, 1995. not just pain; that they apply to the elsewhere ...... 7.125 preparation of the individualized For economic injury: FOR FURTHER INFORMATION CONTACT: Joanne K. Castello, Division of functional assessment (IFA) in the Businesses and small agricul- evaluation of disability for individuals tural cooperatives without Regulations and Rulings, Social Security credit available elsewhere ...... 4.000 Administration, 6401 Security under age 18 claiming benefits under Boulevard, Baltimore, MD 21235, (410) title XVI of the Social Security Act (the The number assigned to this disaster 965–1711. Act) as well as to the assessment of RFC for physical damage is 281508 and for for other persons claiming benefits SUPPLEMENTARY INFORMATION: Although based on disability under title II or title economic injury the numbers are we are not required to do so pursuant 866400 for Georgia, 866700 for North XVI of the Act; and that an explanation to 5 U.S.C. 552(a)(1) and (a)(2), we are of the functional impact of symptoms, Carolina, 866600 for South Carolina and publishing this Social Security Ruling 866500 for Tennessee. such as pain, when applicable, is in accordance with 20 CFR required. (Catalog of Federal Domestic Assistance 422.406(b)(1). Citations (Authority): Sections 216(i), Program Nos. 59002 and 59008) Social Security Rulings make 223(d), and 1614(a) of the Social Dated: October 24, 1995. available to the public precedential Security Act, as amended; Regulations Bernard Kulik, decisions relating to the Federal old-age, No. 4, sections 404.1508, 404.1528, Associate Administrator for Disaster survivors, disability, supplemental 404.1529, and 404.1545; and Assistance. security income, and black lung benefits Regulations No. 16, sections 416.908, [FR Doc. 95–26970 Filed 10–30–95; 8:45 am] programs. Social Security Rulings may 416.924(b), 416.924d, 416.928, 416.929, be based on case decisions made at all BILLING CODE 8025±01±P and 416.945. administrative levels of adjudication, Pertinent History: On November 14, Federal court decisions, Commissioner’s 1991, we published final regulations decisions, opinions of the Office of the SOCIAL SECURITY ADMINISTRATION regarding the evaluation of symptoms, General Counsel, and other policy including pain, for all disability claims Social Security Ruling (SSR) 95±5p. interpretations of the law and under titles II and XVI (56 FR 57928). Titles II and XVI: Considering regulations. These regulations codified the policy Allegations of Pain and Other Although Social Security Rulings do interpretations set out in SSR 88–13 and Symptoms in Residual Functional not have the force and effect of the law SSR 90–1p, making it unnecessary to Capacity and Individualized Functional or regulations, they are binding on all retain the statements of policy Assessments and Explaining components of the Social Security interpretations in these Rulings. We are Conclusions Reached Administration, in accordance with 20 publishing this Ruling, which CFR 422.406(b)(1), and are to be relied supersedes SSR 88–13 and SSR 90–1p, AGENCY: Social Security Administration. upon as precedents in adjudicating to replace the section of these earlier ACTION: Notice of Social Security ruling. other cases. Rulings that is entitled ‘‘Importance of If this Social Security Ruling is later Considering Allegations of Pain in SUMMARY: In accordance with 20 CFR superseded, modified, or rescinded, we Assessing RFC and Explaining 422.406(b)(1), the Commissioner of will publish a notice in the Federal Conclusions Reached,’’ which provides Social Security gives notice of Social Register to that effect. procedures which we determined were Security Ruling 95–5p. This Policy (Catalog of Federal Domestic Assistance, not appropriate for inclusion in the Interpretation Ruling restates and Program Nos. 96.001 Social Security— regulations (see 56 FR 57934). clarifies that our longstanding policies Disability Insurance; 96.002 Social Policy Interpretation: Symptoms, such of considering allegations of pain in Security—Retirement Insurance; 96.004 as pain, fatigue, shortness of breath, assessing residual functional capacity Social Security—Survivors Insurance; 96.005 weakness, or nervousness, are the (RFC) and of requiring explanations of Special Benefits for Disabled Coal Miners; individual’s own description of the the conclusions reached about pain, 96.006 Supplemental Security Income) effects of a physical or mental apply to the evaluation of all symptoms, Dated: October 23, 1995. impairment(s). Under title XVI, in the not just pain. The Ruling also restates Shirley S. Chater, case of an individual under age 18 who and clarifies that these policies apply to Commissioner of Social Security. is unable to adequately describe his or the preparation of the individualized her symptoms, the description of the Policy Interpretation Ruling—Titles II functional assessment in the evaluation symptom(s) given by the person who is and XVI: Considering Allegations of of disability for individuals under age most familiar with the individual, such Pain and Other Symptoms in Residual 18 claiming benefits under Title XVI as a parent, other relative, or guardian, Functional Capacity and Individualized (Supplemental Security Income for the will be accepted as a statement of the Functional Assessments and Explaining Aged, Blind, and Disabled) of the Social individual’s symptoms. Security Act (the Act) as well as to the Conclusions Reached Because symptoms sometimes suggest assessment of RFC for other persons This Ruling supersedes SSR 88–13 a greater severity of impairment than claiming benefits based on disability (C.E. 1988, p. 90) and SSR 90–1p (C.E. can be shown by objective medical under Title II (Federal Old-Age, 1990–1991, p. 67), both entitled ‘‘Titles evidence alone, careful consideration Survivors, and Disability Insurance II and XVI: Evaluation of Pain and Other must be given to any available Benefits) or title XVI of the Act, and that Symptoms.’’ information about symptoms. an explanation of the functional impact Purpose: To restate and clarify that The RFC assessment or, in the case of of symptoms, such as pain, when the longstanding policies of the Social an individual under age 18 claiming applicable, is required. Security Administration (SSA) of benefits based on disability under title This Ruling supersedes SSR 88–13 considering allegations of pain in XVI, the IFA, must describe the (C.E. 1988, p. 90) and SSR 90–1p (C.E. assessing residual functional capacity relationship between the medically Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55407 determinable impairment(s) and the Washington, DC Parties:Members of the International Air conclusions regarding functioning Tuesday, December 5, 1995 Transport Association which have been derived from the Subject:TC3 Reso/P 0645 dated October evidence, and must include a discussion Sessions begin at 09:00 a.m. and 2:00 17, 1995; TC3 Expedited Resos (exc. of why reported daily activity p.m., International Joint Commission, US Territories) r–1 to r–39; Intended 1250 23rd Street, NW., Suite 100. limitations or restrictions are or are not effective date: Expedited November reasonably consistent with the medical The Agreement on Air Quality was 30/December 1, 1995 and other evidence. signed by both countries on March 13, Docket Number: OST–95–749 1991 to establish an effective way to Date filed: October 19, 1995 In instances in which the adjudicator address shared concerns about Parties: Members of the International has observed the individual, the transboundary air pollution. With these Air Transport Association adjudicator is not free to accept or reject hearings, the International Joint Subject: TC23 Reso/P 0709 dated that individual’s complaints solely on Commission invites public comment on September 19, 1995; Europe-South the basis of such personal observations. progress made by Canada and the Asian Subcontinent Resos r–1 to r–16; Rather, in all cases in which pain or United States in reducing transboundary Intended effective date: January 1, other symptoms are alleged, the air pollution under the 1991 Agreement 1996 determination or decision rationale on Air Quality. Docket Number: OST–95–750 must contain a thorough discussion and Interested persons may express their Date filed: October 19, 1995 analysis of the objective medical and the views orally or in writing. Hearing Parties: Members of the International other evidence, including the participants are requested to inform the Air Transport Association individual’s complaints of pain or other Commission Secretaries of their Subject: TC3 Reso/P 0646 dated October symptoms and the adjudicator’s intention to appear and provide a text 17, 1995; Expedited TC3 Resos personal observations. The rationale of their remarks if possible. involving U.S. Territories 002bb (r–1) & 002cc (r–2); Intended effective date: must include a resolution of any Alternatively, written submissions will expedited November 30, 1995 inconsistencies in the evidence as a be accepted until December 5th, 1995. whole and set forth a logical Please address enquiries and Paulette V. Twine, explanation of the individual’s ability to correspondence to one of the addresses Chief Documentary Services Division. work or, in the case of an individual below: [FR Doc. 95–26934 Filed 10–30–95; 8:45 am] under age 18 claiming benefits based on Secretary, United States Section, BILLING CODE 4910±62±P disability under title XVI, the International Joint Commission, 1250 23rd Street NW., Washington, DC individual’s ability to function Office of the Secretary independently, appropriately, and 20440, Telephone: (202) 736–9000, effectively in an age-appropriate Fax: (202) 736–9015, Email: [email protected] Applications of LorAir, Ltd., for manner. Secretary, Canadian Section, Certificate Authority EFFECTIVE DATE: The policy International Joint Commission, 100 AGENCY: Department of Transportation. interpretation and procedures explained Metcalfe Street, Ottawa, ON K1P5M1, ACTION: Notice of order to show cause herein are effective October 31, 1995. Telephone: (613) 995–2984, Fax: (613) (Order 95–10–35) Dockets OST–95–290 993–5583, Email: and OST–95–702. CROSS-REFERENCES: Program Operations [email protected]. Manual System, sections DI 24515.061, Dated: October 23, 1995. SUMMARY: The Department of DI 24515.062, DI 24515.064, DI Transportation is directing all interested David A. LaRoche, 25225.001 and DI 26516.015. persons to show cause why it should Secretary, United States Section. [FR Doc. 95–26930 Filed 10–30–95; 8:45 am] not issue an order finding LorAir, Ltd., [FR Doc. 95–26931 Filed 10–30–95; 8:45 am] BILLING CODE 4190±29±P fit, willing, and able, and awarding it BILLING CODE 4710±14±M certificates of public convenience and necessity to engage in interstate and foreign charter air transportation of DEPARTMENT OF STATE DEPARTMENT OF TRANSPORTATION persons, property, and mail. DATES: Persons wishing to file Aviation Proceedings; Agreements objections should do so no later than [PN 2276] Filed During the Week Ending October November 15, 1995. 20, 1995 International Joint Commission; Notice ADDRESSES: Objections and answers to of Public Hearing; Public Comment The following Agreements were filed objections should be filed in Dockets Invited on Canada-United States Air with the Department of Transportation OST–95–290 and OST–95–702 and Quality Agreement under the provisions of 49 U.S.C 412 addressed to the Documentary Services and 414. Answers may be filed within Division (C–55, Room PL–401), U.S. The International Joint Commission 21 days of date of filing. Department of Transportation, 400 will hold public hearings on the Docket Number: OST–95–747 Seventh Street, S.W., Washington, D.C. Canada-United States Air Quality Date filed: October 19, 1995 20590 and should be served upon the Agreement and its implementation. Parties: Members of the International parties listed in Attachment A to the Air Transport Association order. Ottawa, Ontario Subject: TC2 Reso/P 1804 dated FOR FURTHER INFORMATION CONTACT: Ms. Tuesday, November 28th, 1995 September 19, 1995; Europe-Middle Carol A. Woods, Air Carrier Fitness East Resolutions r–1 to r–29; Intended Division (X–56, Room 6401), U.S. Sessions begin at 9:00 a.m. and 2:00 effective date: April 1, 1996 Department of Transportation, 400 p.m., Ottawa Congress Centre, Docket Number: OST–95–748 Seventh Street, S.W., Washington, D.C. Congress Hall G, 55 Colonel By Drive Date filed: October 19, 1995 20590, (202) 366–2340. 55408 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices
Dated: October 24, 1995. whose airlines have operating rights to licensing policy as concerns carriers of Patrick V. Murphy, or from the United States, or have Category II countries, we are placing Deputy Assistant Secretary for Aviation and requested such rights. The focus of the this notice in the Federal Register. All International Affairs. assessment is on a government’s foreign air carriers are thus on notice [FR Doc. 95–26933 Filed 10–30–95; 8:45 am] compliance with ICAO standards, rather that: Foreign air carriers from Category BILLING CODE 4910±62±P than the individual air carriers licensed II countries are permitted to exercise by that country. Accordingly, the FAA authority in their OST licenses now assessment does not necessarily reflect being operated, and the Category II Clarification Concerning Examination individual carriers’ compliance with all status will not preclude the renewal of of Foreign Air Carriers' Request for relevant safety requirements. The FAA authority to conduct existing services. Expanded Economic Authority has assisted countries with less than However, no authority to conduct new acceptable ratings by providing services, or expanded operations, will AGENCY: Office of the Secretary, technical expertise, assistance with Department of Transportation. be issued to such carriers by OST inspections and training courses. The (unless operated using aircraft wet- SUMMARY: This notice clarifies the FAA has established three ratings for leased from a duly authorized and Department’s licensing policy regarding the status of these governments’ civil properly supervised U.S. or foreign air requests for expanded economic aviation authorities at the time of the carrier), until the home country’s civil authority from foreign air carriers whose assessment: acceptable, conditional and aviation authority has been reclassified government Civil Aviation Authority unacceptable: by the FAA as Category I (acceptable). (CAA) safety oversight capability has Category I, acceptable: The FAA’s been assessed by the Federal Aviation assessment found that the country’s Issued in Washington, D.C. on October 23, 1995. Administration as conditional (Category civil aviation authority licenses and II) or unacceptable (Category III). This oversees air carriers in accordance with Mark L. Gerchick, notice supplements information ICAO aviation safety standards. Acting Assistant Secretary for Aviation and previously published by the FAA Category II, conditional: The FAA’s International Affairs, Department of concerning FAA procedures for assessment found that the country’s Transportation. examining and monitoring foreign air civil aviation authority has areas of [FR Doc. 95–26920 Filed 10–30–95; 8:45 am] carriers (57 Fed. Reg. 38342–43, August noncompliance with ICAO aviation BILLING CODE 4910±62±P 24, 1992). safety standards. The FAA is negotiating FOR FURTHER INFORMATION CONTACT: actively with the authority to implement Donald H. Horn, Assistant General corrective measures. During these Bureau of Transportation Statistics Counsel for International Law, Office of negotiations, the Department permits Advisory Council on Transportation International Law, Office of the General flights under existing authority to Statistics Counsel, U.S. Department of operate into the United States, and the Transportation, 400 7th Street S.W., FAA conducts heightened surveillance. AGENCY: Bureau of Transportation Room 10105, Washington, DC 20591, Category III, unacceptable: The FAA’s Statistics, DOT. (202) 366–2972. assessment found that the country’s ACTION: Notice of meeting. SUPPLEMENTARY INFORMATION: In order to civil aviation authority is not in operate to the United States, foreign air compliance with ICAO standards for SUMMARY: Pursuant to Section 10(A)(2) carriers must receive authority from the aviation safety oversight. Unacceptable of the Federal Advisory Committee Act Office of the Secretary (OST) and, if ratings apply if the civil aviation (Public Law 72–363; 5 U.S.C. App. 2), operating their own aircraft, (as opposed authority has not developed and/or notice is hereby given of the initial to wet leasing), operations specifications implemented laws or regulations in meeting of the Bureau of Transportation from the Federal Aviation accordance with ICAO standards; if it Statistics (BTS) Advisory Council on Administration (FAA). Both OST and lacks the flight operations capability to Transportation Statistics (ACTS) to be FAA are components of the Department certify, oversee and enforce air carrier held Thursday, November 16, 1995, 9:00 of Transportation. OST looks to the FAA operations requirements; if it lacks the to 3:00 pm. The meeting will take place for determinations on matters involving capability to certify, oversee and enforce at the U.S. Department of aviation safety. air carrier aircraft maintenance Transportation, 400 7th Street, SW, In order for a foreign air carrier to fly requirements; and/or if it lacks Washington, DC, in the Lloyd E. to the United States, its home country appropriately trained inspector Fletcher Conference Room 10214, Nassif civil aviation authority must adhere to personnel required by ICAO standards. Building. the aviation safety standards of the Carriers licensed by this government The Advisory Council, called for International Civil Aviation may not operate flights to the United under Section 6007 of Public Law 102– Organization (ICAO), the United States with their own aircraft. They may 240, Intermodal Surface Transportation Nation’s technical agency for aviation. arrange to continue operating with Efficiency Act of 1991, December 18, ICAO has established international aircraft wet leased from a duly 1991, and chartered on June 19, 1995, standards for operational safety and authorized and properly supervised U.S. was created to advise the Director of continuing airworthiness. As fully or foreign air carrier that is authorized BTS on transportation statistics and described in an earlier Federal Register to serve the United States with its own analyses, including whether or not the notice, 57 Fed. Reg. 38342, August 24, aircraft. statistics and analysis disseminated by 1992, the Federal Aviation See e.g., 59 FR 46332–33, September the Bureau are of high quality and are Administration (FAA) has developed a 8, 1994. based upon the best available objective program for sending evaluation teams to A number of requests for new or information. the various countries to work expanded authority have been received The agenda for this meeting will cooperatively to assess their civil by OST from foreign air carriers where include an overview of BTS, its mission, aviation safety oversight capabilities. their home civil aviation authority has and progress to date; identification of The FAA, with the cooperation of the been classified by FAA as Category II next steps and direction to pursue; other host government, assesses countries (conditional). In order to make clear our items of interest; discussion and Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Notices 55409 agreement of date(s) for subsequent DEPARTMENT OF THE TREASURY Filing Season Readiness meetings; and comments from the floor. Improving Services to Customers Since access to the DOT building is Internal Revenue Service Small Business Issues and Initiatives controlled, all persons who plan to attend the meeting must notify Ms. Commissioner's Advisory Group; Compliance Issues Public Meeting Carolee Bush, Council Liaison, on (202) Corporate Education Issues 366–6946 prior to November 14. AGENCY: Internal Revenue Service (IRS), Note: Last minute changes to the agenda or Attendance is open to the interested Treasury. order of topic discussion are possible and public but limited to space available. ACTION: Notice of public meeting of could prevent effective advance notice. With the approval of the Chair, Commissioner’s Advisory Group. members of the public may present oral The meeting will be in a room that statements at the meeting. SUMMARY: Public meeting of the accommodates approximately 50 Noncommittee members wishing to Commissioner’s Advisory Group will be people, including members of the present oral statements, obtain held in Washington, DC. Commissioner’s Advisory Group and information, or who plan to access the IRS officials. Due to the limited DATES: The meeting will be held conference space, notification of intent building to attend the meeting should November 16, 1995. also contact Ms. Bush. to attend the meeting must be made FOR FURTHER INFORMATION CONTACT: Members of the public may present a with Lorenza Wilds, no later than written statement to the Council at any Patricia Washburn, C:I, 1111 November 9, 1995. Ms. Wilds can be time. Constitution Avenue, NW., room 7046, reached on (202) 622–5026 (not toll- Washington, DC 20224. Telephone No. Persons with a disability requiring free). (202) 622–5026 (not a toll-free number). special services, such as an interpreter Notice is hereby given pursuant to If you would like to have the for the hearing impaired, should contact Section 10(a)(2) of the Federal Advisory Committee consider a written statement, Ms. Bush (202) 366–6949 at least seven Committee Act, 5 U.S.C. App. (1988), please call or write: Patricia Washburn, days prior to the meeting. that a public meeting of the Office of Public Liaison, C:I, Internal Issued in Washington, DC, on October 23, Commissioner’s Advisory Group will be Revenue Service, 1111 Constitution 1995. held on November 16, 1995, beginning Avenue, NW., room 7046, Washington, Robert A. Knisely, at 10 am in room 3313, Internal Revenue DC 20224. Executive Director, Advisory Council on Service Building, 1111 Constitution Margaret Milner Richardson, Transportation Statistics. Avenue, NW., Washington, DC 20224. Commissioner of Internal Revenue. [FR Doc. 95–26919 Filed 10–30–95; 8:45 am] The agenda will include the following [FR Doc. 95–26982 Filed 10–30–95; 8:45 am] BILLING CODE 4910±FE-P topics: BILLING CODE 4830±01±U 55410
Sunshine Act Meetings Federal Register Vol. 60, No. 210
Tuesday, October 31, 1995
This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: Federal Deposit Insurance Corporation. contains notices of meetings published under Floyd Fithian, Secretary to the Farm Robert E. Feldman, the ``Government in the Sunshine Act'' (Pub. Credit Administration Board, (703) 883– Deputy Executive Secretary. L. 94-409) 5 U.S.C. 552b(e)(3). 4025, TDD (703) 883–4444. [FR Doc. 95–27058 Filed 10–27–95; 11:59 am] ADDRESSES: Farm Credit DEFENSE NUCLEAR FACILITIES Administration, 1501 Farm Credit Drive, BILLING CODE 6714±0±M SAFETY BOARD McLean, Virginia 22102–5090. Pursuant to the provisions of the SUPPLEMENTARY INFORMATION: This FEDERAL HOUSING FINANCE BOARD ‘‘Government in the Sunshine Act’’ (5 meeting of the Board was open to the ``FEDERAL REGISTER'' CITATION OF U.S.C. § 552b), notice is hereby given of public (limited space available). The PREVIOUS ANNOUNCEMENT: the Board’s meeting described below. 60 FR 53958, agenda for October 24, 1995, is amended October 18, 1995. TIME AND DATE: 9:00 a.m., November 7, by removing the following item: 1995. PREVIOUSLY ANNOUNCED TIME AND DATE OF Open Session THE MEETING: 9:00 a.m., Wednesday, PLACE: Hanford Museum of Science and October 25, 1995. History, 825 Jadwin Avenue, Richland, B. New Business Washington 99352. 2. Regulations CHANGES IN THE MEETING: The following topic was withdrawn from the closed STATUS: Open. a. Regulatory Burden Issues/Phase II [12 portion of the meeting: MATTERS TO BE CONSIDERED: Board CFR Chapter VI] (Notice). • members will review with Department Dated: October 25, 1995. Review of the FHLBank of San Francisco’s of Energy and its contractors the status Calculation of Affordable Housing Program Floyd Fithian, (AHP) Subsidies on Guaranteed Rate of public health and safety issues Secretary, Farm Credit Administration Board. Advances pertaining to K-East Basin activities at [FR Doc. 95–27025 Filed 10–26–95; 4:45 pm] the Hanford Site, Richland, Washington. The following topics were added to BILLING CODE 6705±01±P CONTACT PERSON FOR MORE INFORMATION: the open portion of the meeting: Robert M. Andersen, General Counsel, • Membership Application: Constitution Defense Nuclear Facilities Safety Board, FEDERAL DEPOSIT INSURANCE State Corporate Credit Union, Inc. • Amendment of the FHLBank System 625 Indiana Avenue, NW, Suite 700, CORPORATION Washington, DC 20004, (800) 788–4016. Directors’ Fees and Allowances Policy This is a toll free number. Notice of Matters To Be Moved From The Board determined that agency SUPPLEMENTARY INFORMATION: The Board the Discussion Agenda to the Summary business requires its consideration of reserves its right to further schedule and Agenda for Consideration at an Agency this matter on less than seven days otherwise regulate the course of this Meeting notice to the public and that no earlier meeting, to recess, reconvene, postpone notice of this change in the subject or adjourn the meeting, and otherwise Pursuant to the provisions of the matter of the meeting was possible. ‘‘Government in the Sunshine Act’’ (5 exercise its power under the Atomic CONTACT PERSON FOR MORE INFORMATION: Energy Act of 1954, as amended. U.S.C. 552b), notice is hereby given that the following matters will be moved Elaine L. Baker, Secretary to the Board, Dated: October 27, 1995. from the ‘‘discussion agenda’’ to the (202) 408–2837. John T. Conway, ‘‘summary agenda’’ for consideration at Rita I. Fair, Chairman. the open meeting of the Board of Managing Director. [FR Doc. 95–27055 Filed 10–27–95; 11:59 Directors of the Federal Deposit [FR Doc. 95–27022 Filed 10–26–95; 4:39 pm] am] Insurance Corporation scheduled to be BILLING CODE 6725±01±P BILLING CODE 3670±01±M held at 10:00 a.m. on Monday, October 30, 1995, in the Board Room on the INTERSTATE COMMERCE COMMISSION FARM CREDIT ADMINISTRATION sixth floor of the FDIC Building located at 550 17th Street, N.W., Washington, Commission Voting Conference Farm Credit Administration Board; D.C.: Amendment to Sunshine Act Meeting TIME AND DATES: 10:00 a.m., Tuesday, Memorandum re: Corporation’s September November 7, 1995. SUMMARY: Pursuant to the Government 30, 1995 Financial Statements in the Sunshine Act (5 U.S.C. Memorandum re: Quarterly Budget Variance PLACE: Hearing Room A, Interstate 552b(e)(3)), the Farm Credit Summary Report Commerce Commission, 12th & Administration gave notice on October Constitution Avenue, N.W., 20, 1995 (60 FR 54285) of the special Requests for further information Washington, D.C. 20423. meeting of the Farm Credit concerning the meeting may be directed STATUS: The Commission will meet to Administration Board (Board) to Mr. Jerry L. Langley, Executive discuss among themselves the agenda scheduled for October 24, 1995. This Secretary of the Corporation, at (202) items listed below. Although the notice is to amend the agenda by 898–6757. conference is open for public removing an item from the open session Dated: October 26, 1995. observation, no public participation is of that meeting. permitted. Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Sunshine Act Meetings 55411
MATTERS TO BE DISCUSSED: CONTACT PERSONS FOR MORE STATUS: The meeting will be closed to Finance Docket No. 28905 (Sub-No. 27), INFORMATION: Alvin H. Brown or A. the public. CSX Transportation, Inc.—Control—Chessie Dennis Watson, Office of Congressional MATTERS TO BE CONSIDERED: Procedures System, Inc. and Seaboard Coast Line and Press Services, Telephone: (202) to be applied in processing of Industries, Inc., et al., (Arbitration Review). 927–5350, TDD: (202) 927–5721. Finance Docket No. 32240, Bradford International Trade Commission v. Industrial Rail, Inc.—Acquisition and Vernon A. Williams, Sidney Harris, et al., Docket Number Operation Exemption—Consolidated Rail Secretary. CB–7521–96–0003–T–1, and any similar Corporation, et al.1 [FR Doc. 95–27138 Filed 10–27–95; 3:05 pm] new cases that are filed concerning the Docket No. 40294, Amtrol, Inc. v. furlough of Administrative Law Judges. American Freight System, Inc. BILLING CODE 7035±01±P Ex Parte No. 347 (Sub-No. 2), Rate CONTACT PERSON FOR ADDITIONAL Guidelines—Non-Coal Proceedings. INFORMATION: Robert E. Taylor, Clerk of MERIT SYSTEMS PROTECTION BOARD the Board, (202) 653–7200. 1 Because they are related by subject matter, the Commission also will handle Finance Docket No. TIME AND PLACE: 10:30 a.m., Friday, Dated: October 27, 1995. 32241, Genesee & Wyoming Industries, Inc.— November 3, 1995. Continuance in Control Exemption—Bradford Shannon McCarthy, Industrial Rail, Inc. and Finance Docket No. 32256, PLACE: Francis Perkins Hearing Room, Deputy Clerk of the Board. Consolidated Rail Corporation—Control and [FR Doc. 95–27153 Filed 10–27–95; 3:39 pm] Operation Exemption—Clearfield and Mahoning Eighth Floor, 1120 Vermont Avenue, Railway Company. N.W., Washington, D.C., 20419. BILLING CODE 7400±01±M 55412
Corrections Federal Register Vol. 60, No. 210
Tuesday, October 31, 1995
This section of the FEDERAL REGISTER Monday, October 23, 1995, make the Friday, October 6, 1995, the date was contains editorial corrections of previously following correction: omitted and should read as set forth published Presidential, Rule, Proposed Rule, On page 54398, in the second column, above. and Notice documents. These corrections are the signature before the FR Doc. line prepared by the Office of the Federal was omitted and should read as follows: BILLING CODE 1505±01±D Register. Agency prepared corrections are issued as signed documents and appear in Margaret H. McFarland, the appropriate document categories Deputy Secretary. SECURITIES AND EXCHANGE elsewhere in the issue. BILLING CODE 1505±01±D COMMISSION
[Rel. No. IC-21414; 811-7752] SECURITIES AND EXCHANGE SECURITIES AND EXCHANGE COMMISSION COMMISSION PaineWebber Premier Intermediate [Release No. 34-36311; File No. SR-NASD- Tax-Free Income Fund, Inc.; Notice of [Release No. 34-36381; File No. SR-CBOE- 95-34] Application 95-38] Self-Regulatory Organizations; Correction Self-Regulatory Organizations; National Association of Securities Dealers, Inc.; Order Granting In notice document 95–25818 Chicago Board Options Exchange, beginning on page 53949 in the issue of Inc.; Order Approving Proposed Rule Temporary Approval of Proposed Rule Wednesday, October 18, 1995, make the Change Relating to the Listing and Change to Extend Certain SOES Rules following corrections: Trading of Warrants on the CBOE Through January 31, 1996 Technology 50 Index On page 53949, in the the third September 29, 1995. column, in the subject heading and Correction Correction under APPLICANT, ‘‘PaineWebber’’ was In notice document 95–26182 In notice document 95–24909 misspelled. beginning on page 54395 in the issue of beginning on page 52438 in the issue of BILLING CODE 1505±01±D federal register October 31,1995 Tuesday for RecycledOil;FinalRule Test ProceduresandLabelingStandards 16 CFRPart311 Commission Federal Trade Part II 55413 55414 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations
FEDERAL TRADE COMMISSION refined or otherwise processed used oil comment period closed on September and new oil or additives, with new oil 27. The Commission received 20 written 16 CFR Part 311 distributed for a particular end use and comments in response to its Notice of to report such test procedures to the Proposed Rulemaking (‘‘NPR’’). Test Procedures and Labeling Commission.2 Within 90 days after Comments were filed by nine oil Standards for Recycled Oil receiving a report from NIST, the producers,8 five trade associations,9 the Commission is required to prescribe, by National Association of Consumer AGENCY: Federal Trade Commission. rule, the substantial equivalency test Agency Administrators,10 Ford Motor ACTION: Final rule. procedures, as well as labeling Company,11 the County of San Diego,12 3 13 SUMMARY: Section 383 of the Energy standards for such recycled oil. EPCA the State of Wisconsin, and two Policy and Conservation Act of 1975 further requires that the Commission’s individuals.14 These comments, and (‘‘EPCA’’) directs the Federal Trade rule permit any container of processed other relevant documents, were placed Commission (‘‘FTC’’ or ‘‘Commission’’) used oil to bear a label indicating a on the public record of this to promulgate a rule prescribing test particular end use, such as engine proceeding,15 and have been considered procedures and labeling standards for lubricating oil, so long as a by the Commission in adopting a final recycled oil. The Commission is determination of ‘‘substantial rule. required to prescribe the rule within 90 equivalency’’ with new oil has been II. The Rule days after the National Institute of made in accordance with the test Standards and Technology (‘‘NIST’’) procedures prescribed by the A. Scope of the Rule reports to the Commission test Commission.4 Section 383 of EPCA directs the FTC procedures to determine the substantial The final rule preempts any other to promulgate a rule prescribing: (1) equivalency of processed used oil with Commission rule or order, and any law, Test procedures for determining the new oil distributed for a particular end regulation, or order of any State (or substantial equivalency of processed use. On July 27, 1995, NIST reported the political subdivision thereof), if it has used oil with new oil for a particular relevant test procedures for engine oil, labeling requirements with respect to end use; and (2) labeling standards and on August 28, 1995, the the comparative characteristics of applicable to containers of such Commission published a notice of recycled oil with new oil that are not recycled oil. EPCA requires the proposed rulemaking seeking written identical to the labels permitted by this Commission to prescribe the test comment on its proposed labeling rule.5 Also, no rule or order of the procedures transmitted to it by NIST. standards. In this notice, the Commission may require that any The Commission’s proposed rule was Commission announces its final rule. container of recycled oil also bear a limited to automotive engine oil, EFFECTIVE DATE: This rule is effective label containing any term, phrase, or because thus far NIST has reported test November 30, 1995. The incorporation description connoting less than procedures only for determining the by reference of the publication listed in substantial equivalency of such recycled substantial equivalency of processed 16 CFR part 311 is approved by the oil with new oil.6 used engine oils with new engine oils.16 Director of the Federal Register as of B. The Rulemaking Proceeding November 30, 1995. 8 Coastal Unilube, Inc. (Coastal), D–2; Enviropur On July 27, 1995, NIST reported to the West Corporation (Enviropur), D–4; Exxon FOR FURTHER INFORMATION CONTACT: Neil Commission test procedures for the Company, U.S.A. (Exxon), D–5; South Coast J. Blickman, Attorney, or Laura Koss, determination of substantial Terminals, Inc. (South Coast), D–6; Evergreen Attorney, Federal Trade Commission, Holdings Inc. (Evergreen), D–7; Quaker State equivalency of processed used engine Corporation (Quaker State), D–8; Pennzoil Company Bureau of Consumer Protection, oils with new engine oils. The NIST test Division of Enforcement, Sixth Street (Pennzoil), D–14; Safety-Kleen Corp. (Safety-Kleen), procedures and performance standards D–16; Chevron Corporation (Chevron), D–18. and Pennsylvania Ave. NW., are the same as those adopted by the 9 Automotive Oil Change Association (AOCA), D– Washington, DC 20580, telephone American Petroleum Institute (‘‘API’’) 10; National Oil Recyclers Association (NORA), D– 12; American Petroleum Institute (API), D–13; numbers 202/326–3038, or 202/326– for engine lubricating oils generally, 2890. Independent Lubricant Manufacturers Association regardless of origin. (ILMA), D–15; Automotive Parts & Accessories SUPPLEMENTARY INFORMATION: On August 28, 1995, the Commission Association (APAA), D–17. announced for comment its proposed 10 NACAA, D–9. Statement of Basis and Purpose 11 Rule on Test Procedures and Labeling Ford, D–11. I. Background Standards for Recycled Oil.7 The 30-day 12 County of San Diego, Department of Agriculture, Weights and Measures (San Diego), E– A. EPCA’s Requirements 1. 2 42 U.S.C. 6363(c). Although EPCA does not 13 Procurement Recycling Coordinator of the State The purposes of the recycled oil explicitly define the term ‘‘processed used oil,’’ it of Wisconsin (Wisconsin), E–2. section of EPCA are to encourage the is defined herein to mean re-refined or otherwise 14 Robert C. Deitz, Environmentalist (‘‘Deitz’’), D– recycling of used oil, to promote the use processed used oil or any blend of such oil, 1; David R. Zelnick, President, Zed Industries consistent with the definition of ‘‘recycled oil’’ at (‘‘Zed’’), D–3. of recycled oil, to reduce consumption 42 U.S.C. 6363(b)(2) (A) and (B). 15 Commission Rulemaking Record No. R511036. of new oil by promoting increased 3 42 U.S.C. 6363(d). Recycled oil, as defined in Comments submitted in response to the NPR are utilization of recycled oil, and to reduce section 6363(b)(2) of EPCA is either (a) used oil coded either ‘‘D’’ (indicating that they were filed by environmental hazards and wasteful from which physical and chemical contaminants nongovernmental parties) or ‘‘E’’ (indicating that acquired through prior use of the oil have been they were filed by governmental agencies). practices associated with the disposal of removed by refining or other processing, or (b) any used oil.1 To achieve these goals, Information placed on the public record by blend of re-refined or otherwise processed used oil Commission staff is coded ‘‘B.’’ In this notice, section 383 of EPCA directs NIST to and new oil or additives, that, for either (a) or (b), comments are cited by identifying the commenter develop test procedures for the the manufacturer has determined, pursuant to the (by abbreviation), the comment number, and the Commission’s rule, is substantially equivalent to relevant page number(s), e.g., ‘‘Deitz, D–1, 1.’’ determination of the substantial new oil for a particular end use. 16 The letter to the Commission from NIST stated equivalency of re-refined or otherwise 4 42 U.S.C. 6363(d)(1)(B). that ‘‘[t]he API publication 1509 tests including the processed used oil, or any blend of re- 5 42 U.S.C. 6363(e)(1). Engine Oil Licensing and Certification System are 6 42 U.S.C. 6363(e)(2). the test procedures we are recommending to you for 1 42 U.S.C. 6363(a). 7 60 FR 44712 (Aug. 28, 1995). the determination of substantial equivalency of re- Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations 55415
In addition, EPCA prohibits the base oils for use in the blending of the definition of ‘‘new oil’’ to include Commission from requiring that any automotive fluid products in states with synthetic oils.31 The proposed rule container of recycled oil bear a label labeling laws that include all referred only to ‘‘oil which has been containing any term that connotes less automotive fluid products.24 refined from crude oil.’’ 32 Two of these than substantial equivalency of recycled Two commenters suggested that the commenters noted that synthetic oils are oil meeting the NIST standards with Rule should apply to lubricants for referenced in API 1509 as sources of raw new oil.17 railroad engines, marine outboard materials for engine oil.33 engines, stationary diesels, and natural Nineteen of the 20 comments received The third commenter noted that gas engines and compressors.25 Another in response to the NPR generally ‘‘existing re-refining technology is commenter suggested that the Rule supported the Commission’s proposed capable of removing impurities from rule as consistent with the policies and should also cover used oil sold as fuel, stating that the market for such fuel is certain used synthetic oils as well as purposes of EPCA. One commenter from used refined crude oil, and used opposed the proposed rule, stating that approximately 10 times greater than for re-refined lubricants.26 synthetic oils are presently included as a consumer has a right to know when part of the input streams to re-refining oil has been recycled, re-refined or The Commission has concluded that processes.’’ 34 According to this used.18 However, the commenter until NIST develops test procedures for commenter, some used synthetic oils, suggests a regulatory option that is other end uses, it must limit the scope once properly refined, ‘‘serve to contrary to the mandate of EPCA. of the rule to the categories of engine oil improve the fitness of recycled engine Seven commenters suggested that the that are covered by the API Engine Oil oils for particular end uses.’’ 35 This Commission extend the scope of the Licensing and Certification System as commenter suggested that the final rule to include additional end prescribed in API Publication 1509 definitions of ‘‘new oil’’ and ‘‘used oil’’ uses.19 According to these commenters, (passenger car motor oils and car and should refer to synthetic oils. the industry assumes that re-refined truck diesel engine oils). Other end uses base oils demonstrated to be for re-refined oil, such as railroad diesel The Commission has concluded that substantially equivalent to virgin base engine oil, are not covered by the Rule including synthetic oils in the oils for use in an engine oil are because API Publication 1509 does not definitions of ‘‘new oil’’ and ‘‘used oil’’ contain test procedures applicable to furthers the purposes of EPCA in substantially equivalent to virgin base 27 oils for use in any product.20 Three of them. promoting the use of recycled oil, Seventeen of the 19 comments that these commenters stated that state reducing consumption of new oil, and generally supported the Commission’s labeling laws encompass a broader reducing environmental hazards and proposed rule also addressed some category of automotive fluids (such as wasteful practices associated with the specific aspects of the proposal. Those automatic transmission fluid and disposal of used oil.36 Accordingly, the comments, and the Commission’s minor automotive gear oils).21 As a result, state definitions of ‘‘new oil’’ and ‘‘used oil’’ modifications to the proposed rule in labeling provisions with respect to these in the final rule now specifically refer response to those comments, are to synthetic oils. non-engine oils would not be preempted discussed below. by the Commission’s rule, and there Another commenter suggested that would be a discriminatory impact on B. Section 311.1 Definitions the definition of ‘‘re-refined oil,’’ which these other types of oils because they In the proposed rule, the Commission in the proposed rule was defined as would remain subject to a different defined the terms ‘‘manufacturer,’’ ‘‘new ‘‘used oil from which physical and regulatory scheme.22 This, according to oil,’’ ‘‘recycled oil,’’ and ‘‘used oil’’—the chemical contaminants acquired these commenters, could result in principal terms defined in section through use have been removed,’’ 37 confusion in the marketplace.23 It also 383(b) of EPCA.28 The proposed rule, should be changed to specify that ‘‘re- might create disincentives for lubricant however, also included definitions for refined oil’’ is used oil that has been manufacturers to purchase re-refined ‘‘re-refined oil’’ and ‘‘processed used refined using hydrotreating oil.’’ 29 technology.38 According to this refined oils for the end use of engine lubricating Five comments addressed the commenter, one of only two companies oil.’’ NIST letter, B–1, 1 (emphasis added). In Commission’s proposed definitions.30 in the United States that employ a September 1979, NIST forwarded to the Three commenters suggested changing Commission test procedures for ‘‘recycled oil used hydrotreating process when treating as burner fuel.’’ The Commission, however, used oil, such a clarification would 24 determined that it was not required to promulgate See, e.g., Evergreen, D–7, 2 (citing Colorado as ensure that ‘‘investments in the an example). a labeling rule with respect to burner fuel, because hydrotreating process are adequately 25 South Coast, D–6, 1 (the proposed rule ‘‘would such oil is sold in bulk, not in container form for not cover many other industrial applications for recognized and protected’’ and that the consumer use as EPCA contemplates. which there are established industry or original ‘‘high quality of re-refined 17 42 U.S.C. 6363(e)(2). manufacturer standards’’); ILMA, D–15, 3 (the final (hydrotreated) products are adequately 18 Zed, D–3, 1. rule should extend to such lubricants ‘‘by allowing 19 Evergreen, D–7, 2; Enviropur, D–4, 2; Quaker manufacturers to provide test results that the 31 South Coast, D–6, 2; ILMA, D–15, 3; Safety- State, D–8, 2; NORA, D–12, 3; ILMA, D–15, 3; recycled lubricants meet the applicable Kleen, D–16, 12–13. Pennzoil, D–14, 2; APAA, D–17, 2. specifications’’). 26 NORA, D–12, 4. (See note 16, supra, regarding 32 60 FR 44712, 44717. 20 NORA, D–12, 3–4; Evergreen, D–7, 2; APAA, prior NIST report regarding burner fuel.) 33 South Coast, D–6, 2; ILMA, D–15, 3. D–17, 1–2 (‘‘when a company purchases re-refined 27 According to one commenter, individual 34 Safety-Kleen, D–16, 12. base oil from a supplier, it could very well be used consumers are not harmed by the exclusion of 35 Id. in engine performance, gear lubricants, power railroad diesel engine oil ‘‘because these oils are 36 42 U.S.C. 6363(a). Including synthetic oils in transmission fluids, hydraulic oils, or any sold to railroads and other equally sophisticated these definitions is consistent with some state laws, combination of these products’’). entities that are in a position to ensure that the re- which specifically refer to synthetic oils in their 21 Enviropur, D–4, 2; see also Evergreen, D–7, 2; refined oils they purchase are suitable for their definitions. See, e.g., Nev. Rev. Stat. Ann. NORA, D–12, 3–4. intended use.’’ Safety-Kleen, D–16, 12. § 590.020(7) (Michie 1995); La. Rev. Stat. 22 Id. 28 42 U.S.C. 6363(b). § 51:821(B)(6) (1995); Colo. Rev. Stat. § 8–20– 23 Enviropur, D–4, 2; Quaker State, D–8, 2 29 60 FR 44712, 44717. 213(2)(g) (1995). 37 (limiting the scope of the final rule to engine oils 30 Enviropur, D–4; South Coast, D–6; Evergreen, 60 FR 44712, 44717. 38 ‘‘may create some confusion for non-engine D–7; ILMA, D–15; Safety-Kleen, D–16. Evergreen, D–7, 3. lubricant compounders and blenders desiring to use re-refined base oils’’). 55416 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations recognized for purposes of consumer or remain applicable, to any container of inconsistent requirements on recycled protection and awareness.’’ 39 recycled oil, if such law, regulation, oil manufacturers.49 According to these In contrast, two commenters rule, or order requires any container of commenters, consistent nationwide requested that the Commission not recycled oil, which container bears a labeling standards would reduce specifically refer to any one processing label in accordance with the terms of compliance costs for manufacturers and treatment.40 Enviropur, for example, the rules prescribed under subsection distributors of recycled engine oil, stated that the FTC should not define (d)(1)(A) of this section, to bear any eliminate existing barriers to the ‘‘recycled oil’’ by specifying any one label with respect to the comparative distribution of such oil in certain treatment method because hydrotreating characteristics of such recycled oil with geographic areas and distribution is not the only method available.41 new oil which is not identical to that channels, and minimize the stigma The Commission has determined that permitted by the rule respecting labeling associated with re-refined lubricants, the final rule should not specifically standards prescribed under subsection thus leading to an increase in the use of refer to hydrotreating or any other (d)(1)(A)(ii) of this section.44 recycled oil products.50 Two processing treatment. The purpose of The Commission solicited comment commenters also suggested that the final this rule is to promote the use of on whether recycled oil labeling rule should preempt state laws that ‘‘recycled’’ oils that are substantially requirements specified by law (federal, impose additional regulatory equivalent to new oils according to the state, or local) would be affected by the requirements on recycled oil prescribed standards. The Commission Commission’s proposal.45 Ten manufacturers, such as laws that require has no legal basis for requiring commenters directly addressed this such manufacturers to register or certify manufacturers to use any one processing aspect of the Commission’s proposal, their products.51 technique if there are several techniques with nine expressing their support for Only one commenter, NACAA, stated that can be used to make substantially the proposed preemption provision 46 its opposition to the proposed equivalent oils. Accordingly, the and one opposing it.47 Two commenters, preemption provision, arguing that definition of ‘‘re-refined oil’’ has not Safety-Kleen and Sun Coast, listed 17 states must be able to respond to their 48 been changed. states they believed would be affected. own constituencies, and that this provision would weaken many state Another commenter suggested that 1. State Law the Commission change the definition of laws.52 The commenters supporting the EPCA’s language shows Congress ‘‘recycled oil’’ to state that ‘‘[r]ecycled provision asserted that state labeling oil does not include used oil which is intended to promote the use of recycled requirements applicable to recycled oil oil by preventing multiple labeling blended or otherwise treated for energy impose burdensome and sometimes recovery or incineration.’’ 42 The requirements. Further, the legislative 53 Commission believes such a history of the Used Oil Recycling Act 44 42 U.S.C. 6363(e)(1). indicates that Congress did not believe clarification is unnecessary because 45 60 FR 44712, 44716. such oil is already excluded from the 46 South Coast, D–6; Evergreen, D–7; AOCA, D– that consumers would be deprived of rule. In the proposed rule, the 10; NORA, D–12; API, D–13; Pennzoil, D–13; meaningful information if sellers of Commission defined ‘‘recycled oil’’ as Safety-Kleen, D–16; AAPA, D–17; Chevron, D–18, 1. recycled oil did not disclose the origin 47 NACAA, D–9. ‘‘processed used oil with respect to of the oil on the containers. Congress 48 Ala. Code § 8–17–111 (1994); Colo. Rev. Stat. stated that ‘‘the requirement that which the manufacturer has § 8–20–213 (1995) (requires manufacturers to label determined, pursuant to section 311.4 of recycled oils as such, but allows manufacturers to recycled oil be labeled in a manner this part, is substantially equivalent to represent a product made ‘‘wholly or partly from re- indicating its prior use provides no refined oil to be equal to or better than a similar new oil for use as engine oil.’’ 43 Section useful information to the consumer product made from virgin oil if the product for sale concerning the performance of the oil 311.4 of this part prescribes test conforms with applicable API service procedures only for engine oils. classifications, API certification mark, and SAE ** * oil should be labeled on the basis Accordingly, after considering the viscosity grades’’); Conn. Gen. Stat. § 14–342 (1994); of performance characteristics and Fla. Stat. ch. 526.01 (1994) (previously used comments, the NIST report, and its fitness for intended use, and not on the lubricating oil must be labeled as such, but basis of the origin of the oil.’’ 54 statutory mandate, the Commission has ‘‘[p]reviously used lubricating oils which have been determined that the final rule shall re-refined by a refining process that has removed all State laws that require specific include all the definitions as proposed the physical and chemical contaminants acquired disclosures (e.g., that the product is in previous use and which meets the ASTM–SAE– in the NPR, with the terms ‘‘new oil’’ recycled) or have specific format API standards for fitness for its intended use is not requirements (e.g., specific print size and ‘‘used oil’’ modified to include subject to the labeling requirements of this synthetic oil. subsection’’); Ga. Code Ann. § 10–1–162 (1995); requirements for their disclosures) are Haw. Rev. Stat. §§ 342N–30, 31 (1994); Idaho Code preempted because they require a label C. Section 311.3 Preemption §§ 37–2514 to 37–2520 (1994); 815 Ill. Comp. Stat. that is not ‘‘identical to that permitted 435/1, 435/2 (1995); Ind. Code Ann. § 16–44–1–1 The preemption provision proposed (Burns 1994); La. Rev. Stat. § 51:821 (1995) (requires by the [FTC’s] rule * * * ’’ States also in the NPR was based on the language manufacturers to label oils ‘‘re-refined’’ but also may not dictate how manufacturers in Section 383(e)(1) of EPCA. The provides that ‘‘a person may represent a product statute provides: made in whole or in part from re-refined oil to be 49 South Coast, D–6, 3; Evergreen, D–7,1; AOCA, substantially equivalent to a product made from D–10, 2; NORA, D–12, 3; API, D–13, 1; Pennzoil, [N]o rule or order of the Commission, virgin oil for a particular end use if the product D–14, 2; Safety-Kleen, D–16, 2–3; APAA, D–17, 1. other than the rules required to be conforms with the applicable API and SAE service 50 See, e.g., South Coast, D–6, 3; AOCA, D–10, 2; prescribed pursuant to subsection classifications’’); Md. Code Ann., Bus. Reg. § 10– NORA, D–12, 3; Pennzoil, D–14, 2; Safety-Kleen, D– (d)(1)(A) of this section, and no law, 501 (1995); Mass. Ann. Laws ch. 94 § 295F (Law. 16, 3; APAA, D–17, 1. Co-op. 1995); Miss. Code Ann. § 75–55–13 (1995); 51 regulation, or order of any State or Mo. Rev. Stat. § 414.112 (1994); Nev. Rev. Stat. Ann. South Coast, D–6, 3; Safety-Kleen, D–16, 11 political subdivision thereof may apply § 590.060(4) (Michie 1995) (only recycled or used (citing Florida and Hawaii statutes). oil which has not been re-refined must be labeled 52 Comment D–9, 1. ‘‘recycled’’ or ‘‘used’’); N.H. Rev. Stat. Ann. § 339– 53 Used Oil Recycling Act of 1980, Pub. L. No. 96– 39 Id. B:2 (1994); Tex. Occ. Code Ann. § 8606 (West 1995); 463, 94 Stat. 2055 (codified as amended in scattered 40 Enviropur, D–4, 2–3; Quaker State, D–8, 1–2. Wis. Stat. §§ 159.15, 168.14 (1994). The sections of 42 U.S.C.). 41 Comment D–4, 2. Commission makes no determination at this time as 54 H.R. Rep. No. 96–1415, 96th Cong., 2d Sess. 6 42 Evergreen, D–7, 4. to which, if any, of these state requirements are (1980), reproduced at 1980 U.S. Code Cong. & Ad. 43 60 FR 44712, 44717 (emphasis added). preempted. News 4354, 4356. Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations 55417 convey substantial equivalency (if they requirements in addition to what the Rule continues in effect. As part of its meet the specified test procedures for Commission prescribes under section regulatory review process, the substantial equivalency). 383(d)(1) of EPCA, if the additional Commission will consider, at some time States may adopt labeling requirements would create the in the future, whether the Used Oil Rule requirements identical to those required impression that the recycled oil is not should be rescinded in its entirety or by the FTC, if they wish, and prosecute substantially equivalent to new oil. otherwise amended. violations under state law.55 In 1964, prior to the enactment of Because preemption is mandated by EPCA, the Commission had D. Section 311.4 Testing EPCA, the Commission has no promulgated a trade regulation rule on discretion on this issue. The the advertising and labeling of The Commission proposed in the NPR Commission believes that section previously used lubricating oil.57 Based that, to determine the substantial 383(e)(1) intends that there be one, on the Commission’s finding that the equivalency of processed used oil with uniform labeling requirement regarding new or used status of a lubricant was new oil for use as engine oil, the comparative characteristics of material to consumers, the Used Oil manufacturers use the test procedures recycled oil (for a particular end use). If Rule was promulgated to prevent that were reported to the Commission a container of recycled oil is labeled in deception of those who prefer new and by NIST on July 27, 1995, entitled accordance with the FTC’s rule, neither unused lubricating oil. The Rule ‘‘Engine Oil Licensing and Certification the FTC nor any state or political required that advertising, promotional System,’’ API Publication 1509, 13th subdivision may require any additional material, and labels for lubricant made Edition, January, 1995.62 API operates a or different disclosure. from used oil disclose such previous voluntary licensing and certification EPCA’s preemptive effect is limited to use. The Rule prohibited any system that is designed to provide labeling requirements for recycled oil representation that used lubricating oil consumers with the technical that meets the definition of recycled oil is new or unused. In addition, it information needed to understand the in EPCA (i.e., oil that is substantially prohibited use of the term ‘‘re-refined,’’ performance, viscosity, and accepted equivalent to new oil pursuant to FTC- or any similar term, to describe use of engine oils. Under this system, specified test procedures). Accordingly, previously used lubricating oil unless API licenses two types of ‘‘Marks’’ the rule preempts only state labeling the physical and chemical contaminants which may appear on the labeling of requirements for engine oils covered by had been removed by a refining qualified engine oils: the API Service the API Engine Oil Licensing and 58 process. Symbol 63 and the API Certification Certification System as prescribed in On October 15, 1980, the Used Oil Mark.64 API Publication 1509. The rule does not Recycling Act suspended the provision preempt state requirements that are not of the Used Oil Rule, as well as any Six commenters addressed the labeling requirements, such as similar provision in a Commission proposed testing standard. The registration and certification order, requiring labels to disclose the commenters agreed that substantial requirements.56 origin of lubricants made from used equivalency should be based on the test 59 2. The FTC’s Used Oil Rule oil. The legislative history indicates procedures contained in API congressional concern that the FTC Publication 1509 as NIST recommended Section 383(e)(2) of EPCA also Rule’s labeling requirement had an to the Commission. However, since this restricts Commission rules and orders, adverse impact on consumer acceptance publication is periodically revised by stating ‘‘the Commission may [not] of recycled oil, provided no useful API to reflect changes in test procedures require any container of recycled oil to information to consumers concerning and standards, the commenters also bear a label containing any term, the performance of the oil, and inhibited recommended that the final rule require phrase, or description which connotes recycling. Moreover, the origin labeling use of test procedures found in the less than substantial equivalency requirements in the Used Oil Rule may ** *.’’ To some extent this section be inconsistent with the intent of overlaps with section 383(e)(1) of EPCA. 62 60 FR 44712, 44714. section 383 of EPCA, which is that ‘‘oil 63 The Service Symbol identifies the type of But, whereas section (e)(1) expresses should be labeled on the basis of engine in which the oil should be used, explains congressional intent that there be a performance characteristics and fitness the oil’s characteristics, and describes the oil’s national uniform labeling standard, for intended use, and not on the basis ability to protect against wear, sludge, and preempting non-identical state laws, 60 corrosion. The symbol also contains a rating of the of the origin of the oil.’’ oil’s viscosity that is based on specifications section (e)(2) is specifically aimed at Accordingly, on April 8, 1981, the established by the Society of Automotive Engineers. prohibiting Commission label Commission published a notice Finally, the symbol indicates whether the oil has announcing the statutory suspension of any energy conserving properties when compared 55 See, e.g., Ill. Stat. ch. 815 §§ 435/1, 435/2 (1995) the origin labeling requirements of the to a standard reference oil. (upon promulgation of the FTC’s labeling standards 64 The API Certification Mark identifies engine applicable to recycled oil, ‘‘the labeling Used Oil Rule and relevant orders. In oils recommended for a specified use. An engine oil requirements provided in [the statute] shall no the same notice, the Commission is eligible to receive the API Certification Mark only longer be in effect and the State labeling standards suspended enforcement of those if it satisfies the minimum performance standards shall be those promulgated by the Federal Trade portions of the Used Oil Rule and established by the International Lubricant Commission’’). Commission orders requiring that Standardization and Approval Committee 56 For example, Florida requires manufacturers of (‘‘ILSAC’’). To receive ILSAC approval and, in turn, re-refined oil to register their products with the advertising and promotional material API certification, motor oils must pass a series of Department of Environmental Protection and to disclose the origin of lubricants made tests designed to evaluate the following factors: (1) provide an affidavit of proof that the product meets from used oil.61 The stay of the Used Oil The oil’s performance and its effect on the engine the required standards. Fla. Stat. ch. 526.01 (1994). at zero degrees Fahrenheit or lower; (2) the extent Hawaii prohibits persons from marking recycled oil to which the oil prevents engine rust and corrosion; 57 as ‘‘specification fuel without an analysis or other 16 CFR 406. (3) the oil’s fuel efficiency; (4) the capability of the written information documenting that the used oil 58 16 CFR 406.5. oil to reduce friction and to protect moving parts or recycled oil meets the standards for specification 59 42 U.S.C. 6363 note. within the engine from fusing together; (5) the oil’s fuel as set forth by the director.’’ Haw. Rev. Stat. 60 See Legislative History, Public Law 96–463, resistance to thickening under high temperatures up § 342N–30 (1994). Hawaii also requires transporters, U.S. Code Cong. and Adm. News, pp. 4354–4356 to three hundred degrees Fahrenheit; (6) the level marketers, and recyclers of used oil to obtain a (1980). of detergents and dispersants in the oil; and (7) the permit. Haw. Rev. Stat. § 342N–31 (1994). 61 46 FR 20979. content of phosphorus in the oil. 55418 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations
‘‘latest’’ or ‘‘current’’ version of API In accordance with section first point, the Commission notes that Publication 1509.65 383(d)(1)(A)(i) of EPCA,69 therefore, its labeling standards are permissive in The ‘‘Document Drafting Handbook’’ section 311.4 of the final rule prescribes nature and do not mandate any specific of the Office of the Federal Register, test procedures for determining the disclosures. If a recycled oil exceeds the National Archives and Records substantial equivalency of processed minimum requirements for substantial Administration, contains the rules used oil with new oil distributed for use equivalency with new oil, a federal agencies must follow to as engine oil. The test procedures, as manufacturer is free to make such incorporate materials by reference into reported to the Commission by NIST, representations on labels, in advertising, regulatory text.66 Each statement of are found in API Publication 1509, 13th or wherever appropriate. incorporation by reference in regulatory Edition, January 1995, entitled ‘‘Engine With regard to Exxon’s second point, text must specifically identify the Oil Licensing and Certification the Commission believes that material to be incorporated, including System.’’ 70 In its letter transmitting the consideration of the potential health the title, date, edition, author, publisher, test procedures to the Commission, effects of recycled oil is beyond its and identification number of the NIST stated that the engine test statutory mandate in this proceeding. It publication. The Commission, therefore, procedures described in API Publication is clear from the legislative history of does not have discretion to refer 1509, combined with the API Engine Oil EPCA that Congress was concerned only generally to the ‘‘latest’’ or ‘‘current’’ Licensing and Certification System, are with the performance characteristics of edition of API Publication 1509 in the accepted for use with automotive engine recycled oil, not potential health final rule. If API Publication 1509 is oils by the Society of Automotive consequences. Section 383(d)(1)(A) of revised and a subsequent edition is Engineers, the American Society of EPCA requires the Commission to published, the Commission may update Testing and Materials, and all major prescribe the substantial equivalency its incorporation by reference of this automotive engine manufacturers. test procedures certified to the document by publishing an amendment E. Section 311.5 Labeling Commission by NIST. The test to the Code of Federal Regulations in procedures reported to the Commission the Federal Register. In accordance with section by NIST relate to the performance of oil Three of these commenters also 383(d)(1)(A)(ii) of EPCA,71 in the NPR distributed for use as engine oil. The recommended that the Commission the Commission proposed labeling rule’s labeling standards, therefore, are modify the proposed rule to permit standards for containers of recycled oil. based on substantial equivalency third-party testing on behalf of the Section 311.5 of the proposed rule determinations made in accordance manufacturer. According to the stated that a manufacturer may with those test procedures. Although commenters, additive manufacturers represent, on a label on a container of Exxon’s concerns may be important, and suppliers or other third parties processed used oil, that such oil is they cannot be addressed in this often perform API tests for lubricant substantially equivalent to new oil for proceeding. The Commission has no manufacturers. The commenters stated engine use, but only if the manufacturer factual or legal basis to address the that the Commission’s proposal (i.e., has determined, in accordance with the health effects, or any other non- that manufacturers use the NIST test test procedures prescribed by the performance qualities, of recycled oil in procedures to determine substantial Commission, the substantial this rulemaking. equivalency), if left unchanged, would equivalency of the oil to new oil for that Three commenters suggested that the be extremely burdensome on the particular end use, and has based the final rule include affirmative, 72 industry.67 The Commission has representation on that determination. mandatory labeling requirements.74 As determined that manufacturers may rely For example, a manufacturer could on third-party testing conducted in represent that its oil is substantially specifically confining that equivalency to accordance with the procedures equivalent to new oil by displaying the performance might imply equivalency in health contained in API Publication 1509. This API Mark on its container. A effects on humans. In contrast to new petroleum could be important to some manufacturer would not be required to base oils, we are not aware of an extensive database on the cancer potential and other health effects to manufacturers who do not have testing add any qualifiers to its label, such as humans posed by recycled base oils * * *. While equipment of their own. Accordingly, ‘‘used’’ or ‘‘re-refined.’’ [typical] contaminants have been rather extensively the final rule states that to determine the The Commission received seven studied and documented for new oils, the substantial equivalency of processed comments on this aspect of its proposal. variability of source and effects of re-refining have Exxon stated that the Commission’s presented a major challenge for health equivalent used oil with new oil, manufacturers or documentation for recycled oils. Some equivalency their designees must use the test proposed labeling standards do not standards for carcinogenic species, adverse health procedures found in API Publication address the extent to which an engine species (i.e., PCB) [and] adverse environmental 1509. The allowance for third-party oil may exceed the minimum species (i.e., metals) should be put in place to requirements for such oils in API ensure health equivalence with new oils.’’). In testing, however, does not absolve contrast, Safety-Kleen stated that tests have shown manufacturers of their ultimate Publication 1509, and do not address a its re-refined base oils to be non-mutagenic and responsibility under EPCA for making recycled oil’s potential health effects on non-carcinogenic, and that ‘‘although the FTC’s substantial equivalency consumers.73 With regard to Exxon’s mandate to promulgate test procedures does not 68 extend to health-related issues * ** determinations. implementation of the proposed rule is consistent substantial equivalency. The final rule, therefore, is with consumers’ interest in encouraging the sale of consistent with EPCA. 65 South Coast, D–6, 2; AOCA, D–10, 2; Ford, D– safe and healthful products.’’ Comment D–16, 9. 69 42 U.S.C. 6363(d)(1)(A)(i). 11, 1; API, D–13, 2; ILMA, D–15, 2; Safety-Kleen, 74 NACAA, D–9, 1 (Recycled or re-refined oil 70 D–16, 7. The Commission has obtained approval from must have an equivalency on the label. The 66 This Handbook is issued under the Federal the Director of the Federal Register to incorporate consumer will need to know how these recycled or Register Act (44 U.S.C. 1501–1511) and the this document by reference into section 311.4 of the re-refined oils are equivalent to new oil, and they regulations of the Administrative Committee of the final rule, as required by section 552(a) of the APA, will need to know its longevity and uses); ILMA, Federal Register (1 CFR 15.10). 5 U.S.C. 552(a), and by regulations issued by the D–15, 3 (ILMA prefers a mandatory labeling 67 South Coast, D–6, 3; ILMA, D–15, 2; Safety- Office of the Federal Register, 1 CFR 51. requirement because the Commission’s proposed Kleen, D–16, 6. 71 42 U.S.C. 6363(d)(1)(A)(ii). rule allows a considerable range in quality of 68 See final rule sections 311.4 and 311.5. Section 72 60 FR 44712, 44715. processed used oil); San Diego, E–1, 1 (Used oil’s 383(b)(2) of EPCA (42 U.S.C. 6363(b)(2)) requires 73 Comment D–5, 1–2 (‘‘Stating that recycled oils definition and uses must be very clear and stated manufacturers to make determinations of are substantially equivalent to new oils without on the label). Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations 55419 discussed above, in suspending the labeling standards be modified to F. Section 311.6 Prohibited Acts labeling provision of the Commission’s accommodate these situations.77 To Section 311.6 of the proposed rule Used Oil Rule, Congress stressed that clarify that other sellers, including, for tracked the statutory language relating the intent of section 383 of EPCA was example, distributors and retailers, may to prohibited acts and enforcement of that ‘‘[o]il should be labeled on the basis label containers of recycled engine oil in the Commission’s rule. Section 524 of of performance characteristics and accordance with the rule, the EPCA 81 prohibits violation of the fitness for the intended use, and not on Commission has modified section 311.5 Commission’s final rule issued pursuant 75 the basis of the origin of the oil.’’ of the rule to refer to such other sellers. to section 383 of EPCA.82 The proposed Congress intended to encourage the use Finally, the Procurement Recycling rule declared that it is unlawful for any of recycled oil that is substantially manufacturer to represent, on a label on equivalent in performance to new oil. Coordinator of the State of Wisconsin suggested that the proposed rule’s a container of processed used oil, that Congress ensured this in section 383 of such oil is substantially equivalent to EPCA by directing NIST to establish labeling standards conflict with some federal and state procurement new oil for engine use unless the standards for determining substantial manufacturer has based such guidelines and Executive Order 12873, equivalency and by prohibiting the representation on the manufacturer’s which require government procurement Commission from requiring determination of substantial manufacturers to label their products officials to purchase re-refined oil 78 equivalency in accordance with the test with any term, phrase, or description instead of virgin oil. The commenter procedures prescribed under section connoting less than substantial stated that it will be difficult to favor re- 311.4 of the proposed rule.83 equivalency. Accordingly, the refined oil, if it is difficult to identify The Commission has revised the Commission does not believe it is the product.79 The rule, however, does proposed rule’s prohibited acts section necessary to establish affirmative not preclude manufacturers or other to make it consistent with the change labeling requirements beyond the sellers from labeling re-refined oils as made to the labeling section of the statutory requirement that such. The labels also could include the proposed rule. As discussed above, the representations of substantial percentage of re-refined oil in blended labeling provision in the final rule equivalency be based on the NIST products. Marketers of re-refined engine (section 311.5) differs from the proposed standards. If the NIST standards are oil have an incentive to voluntarily label rule in that it states that a met, the recycled oil is like new oil sold their products as such to attract ‘‘manufacturer or other seller may for engine use in terms of minimum environmentally concerned or other represent, on a label on a container of performance, and NACAA’s concerns, specifically targeted consumers, processed used oil, that such oil is therefore, are implicitly addressed. including federal or state government substantially equivalent to new oil Thus, the final rule does not require agencies. ** *’’ (emphasis added). manufacturers to display the API mark Accordingly, section 311.6 of the final on containers or to explicitly state that Accordingly, after considering the rule makes it ‘‘unlawful for any their engine oil is substantially comments on its NPR proposal, the manufacturer or other seller to equivalent to new oil. The Commission Commission has determined that a represent, on a label on a container of believes that manufacturers and sellers manufacturer or other seller may processed used oil, that such oil is will have every incentive to do so, represent, on a label on a container of substantially equivalent to new oil for however. processed used oil, that such oil is use as engine oil unless the Ford Motor Company advised the substantially equivalent to new oil for manufacturer or other seller has based Commission of the existence in the use as engine oil only if the such representation on the marketplace of technically obsolete oils manufacturer has determined such manufacturer’s determination that the that may not meet modern engine substantial equivalency in accordance processed used oil is substantially warranty requirements. Ford suggested with the test procedures prescribed by equivalent to new oil for use as engine that such oils should not be permitted the Commission, and has based the oil in accordance with the NIST test to be labeled as substantially equivalent representation on that determination. procedures prescribed under section to new engine oil if they cannot be Because the rule does not mandate the 311.4 of this Part.’’ (emphasis added). tested in accordance with the test use of specific disclosures, recycled oil The final rule, like the proposed rule, procedures prescribed by the manufacturers or other sellers have also provides that violations will be Commission.76 The Commission agrees, flexibility to promote the performance subject to enforcement in accordance but believes that the rule as proposed of their products and their ‘‘substantial with section 525 of EPCA. Section 525 already addresses this concern. A equivalency’’ with new oil and to of EPCA provides that whoever violates representation of substantial develop strategies for various markets. the Commission’s final rule is subject to equivalency can be based only upon a Manufacturers can voluntarily label a civil penalty of not more than $5,000 84 determination made in accordance with recycled oil with terms such as for each violation. Whoever willfully the test procedures prescribed by the ‘‘recycled’’ to assist in the marketing of violates the Commission’s rule shall be Commission. their products.80 fined not more than $10,000 for each Another commenter advised the violation.85 Any person who knowingly Commission that in some instances, a 77 and willfully violates the Commission’s manufacturer of a recycled engine oil Safety-Kleen, D–16, 7. 78 A 1993 Executive Order requires federal rule, after having been subjected to a product will sell that finished product agencies to implement procurement guidelines for civil penalty for a prior violation of the in bulk to a distributor or retailer who re-refined lubricating oil and requires NIST to rule, shall be fined not more than in turn will label the product with its establish a program for testing the performance of $50,000, or imprisoned not more than own label and brand. The commenter products containing recovered materials. See Exec. Order No. 12873, 58 FR 54911 (1993). 81 recommended that the proposed rule’s 79 Wisconsin, E–2, 1–2. 42 U.S.C. 6394(2) and 42 U.S.C. 6395. 82 80 Manufacturers using such terms should, of 42 U.S.C. 6394(2). 75 Legislative History Public Law 96–463, U.S. course, consider the Commission’s Guides for the 83 60 FR 44712, 44717. Code Cong. and Adm. News, pp. 4354–4356 (1980). Use of Environmental Marketing Claims. See, e.g., 84 42 U.S.C. 6395(a). 76 Comment D–11, 1. 16 CFR 260.7(e). 85 42 U.S.C. 6395(b). 55420 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations six months, or both.86 Further, pursuant driving and weather conditions. It also who believe that the rule is being to section 525 of EPCA, whenever it conducts an ‘‘aftermarket audit to violated. appears to any officer or agency of the monitor use of the license and the III. Effective Date United States (in whom is vested, or to symbol it conveys.’’ 91 whom is delegated, authority under The Procurement Recycling EPCA directs the Commission to EPCA) that any person has engaged, is Coordinator of the State of Wisconsin ‘‘prescribe’’ the relevant test procedures engaged, or is about to engage in acts or expressed concern that the API’s and pertinent labeling standards within practices constituting a violation of the auditing process might not be 90 days after the date on which NIST Commission’s rule, such officer or adequate.92 According to this state reports such test procedures to the agency may request the Attorney official, API chooses the brands it audits Commission. It does not, however, General to bring a district court action based on market share volume. specify an effective date for the rule. In to enjoin such acts or practices, and Therefore, re-refined brands are unlikely the NPR, the Commission proposed that upon a proper showing, a temporary to be chosen because sales are relatively the rule become effective 30 days after restraining order or a preliminary or 93 publication of a final rule in the Federal low. This commenter further noted 98 permanent injunction shall be granted that API failed to provide him with Register. The two comments on this without bond. A district court also may issue supported the proposed effective information he requested regarding the 99 issue mandatory injunctions performance testing of re-refined motor date. Therefore, the Commission has commanding any person to comply with determined that the final rule will 87 oil beyond ‘‘the individual the Commission’s rule. manufacturers’ assertions that they have become effective 30 days after it is Because section 525 of EPCA does not met the API requirements.’’ 94 published in the Federal Register. This explicitly authorize the Commission to will provide sufficient time for affected bring enforcement actions, this rule will Ford stated that although meeting the parties to comply with the rule’s be enforced by the Department of Justice requirements of API Publication 1509 labeling standards or take notice of under 28 U.S.C. 516, which authorizes ‘‘goes a long way in establishing them. the Department of Justice to enforce substantial equivalency, it does not statutes that are not specifically ensure that a manufacturer’s oil IV. Regulatory Flexibility Act assigned to other agencies for continuously meets these The Regulatory Flexibility Act enforcement. The Commission, requirements.’’ 95 Ford accordingly (‘‘RFA’’) 100 requires agencies to prepare however, has the authority to investigate suggested that the FTC could adopt a regulatory flexibility analyses when violations and make referrals to the random audit process to ensure publishing proposed rules 101 unless the Department of Justice pursuant to continued compliance.96 proposed rule, if promulgated, would section 525(d) of EPCA.88 In addition, The Commission agrees with the not have a ‘‘significant economic impact the Commission has the authority to commenters that enforcement of the rule on a substantial number of small prosecute unfair or deceptive acts or is critical to the protection of entities.’’ 102 In the NPR, the practices under Section 5 of the FTC consumers, as well as those Commission preliminarily concluded Act, 15 U.S.C. 45, administratively or manufacturers that are following the that the economic impact of the through Section 13(b) actions, 15 U.S.C. proper certification and labeling proposed labeling standards appeared to 53(b), filed in federal district court. The standards, and to the maintenance of be de minimis.103 The rule proposed by Commission may obtain injunctive public confidence in the performance of the Commission, and now made final, relief, as well as equitable remedies, recycled oil. Accordingly, the permits, rather than requires any such as redress or disgorgement. Commission will take whatever steps container of recycled oil to bear a label Therefore, if a manufacturer are necessary to ensure compliance with indicating that it is substantially misrepresents that its oil is substantially the rule. Moreover, although the rule equivalent to new engine oil, if such equivalent to new oil, the Commission does not contain any recordkeeping or determination has been made in can pursue remedies under Section 5 of reporting requirements, any accordance with the prescribed test the FTC Act, if appropriate. manufacturer or seller labeling recycled procedures. Any economic costs Four commenters addressed the issue oil pursuant to this rule must be able to incurred by entities that choose to make of enforcement. Pennzoil emphasized demonstrate that the necessary testing a determination of substantial the importance of ‘‘strict enforcement of has been performed and the equivalency are not imposed by the the rule’’ and ‘‘imposing stiff penalties determination of substantial rule. The rule contains no reporting or on manufacturers which misrepresent equivalency properly made.97 The recordkeeping requirements, and it the equivalency of processed used oil to Commission’s enforcement plan will permits recycled oil to be labeled with new oils * * *.’’ 89 vary depending on whether the information that is basic and easily API commented that its licensing and Commission determines that there is a ascertainable. certification standards ‘‘assure motorists compliance problem. The Commission In the NPR, the Commission also that API-licensed engine oils meet welcomes any information from persons tentatively concluded that the proposed rigorous requirements.’’ 90 API also rule would not affect a substantial stated that, in addition to testing oils 91 Id. number of small entities because before they can be marked with the API 92 Wisconsin, E–2, 2. relatively few companies currently Service Symbol and Certification Mark, 93 Id. manufacture and sell recycled oil as it runs additional tests on engine parts, 94 Id. engine oil. Of those that do, the or simulates engine operation to show 95 Ford, D–11, 2. Commission stated that most are not how the oil performs in a variety of 96 Id. 97 In accordance with the Commission’s 98 60 FR 44712, 44715. advertising substantiation doctrine, sellers must 86 42 U.S.C. 6395(c). 99 have a reasonable basis to support material, South Coast, D–6, 4; Safety-Kleen, D–16, 13. 87 42 U.S.C. 6395(d). objective claims. See Thompson Medical Co., 104 100 5 U.S.C. 601–612. 88 42 U.S.C. 6395(d). F.T.C. 648, 839 (1984) (Appendix), aff’d, 791 F.2d 101 5 U.S.C. 603(a). 89 Pennzoil, D–14, 3. 189 (D.C. Cir. 1986), cert. denied, 479 U.S. 1086 102 5 U.S.C. 605(b). 90 API, D–13, 4. (1987). 103 60 FR 44712, 44716. Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations 55421
‘‘small entit[ies]’’ as that term is defined other third-party disclosure 311.3 Preemption. either in section 601 of RFA 104 or requirements, so there was no 311.4 Testing. applicable regulations of the Small ‘‘information collection’’ necessitating 311.5 Labeling. Business Administration.105 clearance by the Office of Management 311.6 Prohibited acts. In light of these factors, the and Budget (‘‘OMB’’).109 However, to Authority: 42 U.S.C. 6363(d). Commission certified under the RFA ensure the accuracy of its conclusion, § 311.1 Definitions. that the rule proposed would not, if the Commission solicited comments on promulgated, have a significant impact As used in this Part: any paperwork burden the proposed (a) Manufacturer means any person on a substantial number of small rule might impose. The one comment on who re-refines or otherwise processes entities, and, therefore, a regulatory this issue supported the Commission’s used oil to remove physical or chemical analysis was not necessary.106 To ensure 110 conclusion. Accordingly, the impurities acquired through use or who the accuracy of this certification, Commission has determined that the blends such re-refined or otherwise however, the Commission requested final rule does not involve the comments on whether the proposed rule processed used oil with new oil or ‘‘collection of information,’’ as defined additives. would have a significant impact on a 111 by the regulations of OMB (b) New oil means any synthetic oil or substantial number of small entities. implementing the Paperwork Reduction oil that has been refined from crude oil Two commenters specifically 112 Act, and, therefore, OMB clearance is and which has not been used and may addressed this aspect of the not required. Commission’s proposal. Both stated that or may not contain additives. Such term the rule would not have a significant VI. Regulatory Review does not include used oil or recycled oil. economic impact on a substantial The Commission has implemented a number of small entities.107 In adopting (c) Processed used oil means re- program to review all of its current and refined or otherwise processed used oil the final rule, the Commission proposed rules and guides. One purpose recognizes that although there may be or blend of oil, consisting of such re- of the review is to minimize the adverse refined or otherwise processed used oil some ‘‘small entities’’ among private- economic impact of new regulatory label retail sellers or distributors of and new oil or additives. actions. As part of that overall (d) Recycled oil means processed recycled engine oil, the rule’s labeling regulatory review, the Commission used oil that the manufacturer has standards will have only a minimal solicited comments in the NPR on impact on these small entities. Any such determined, pursuant to section 311.4 of questions concerning benefits and this part, is substantially equivalent to impact will likely consist of retailers significant burdens and costs of the and distributors voluntarily labeling new oil for use as engine oil. proposed rule and alternatives to the (e) Used oil means any synthetic oil recycled engine oil containers in order proposals that would increase benefits or oil that has been refined from crude to market their products. The impact on to consumers of recycled engine oil and oil, which has been used and, as a result such small entities, therefore, is de minimize the costs and other burdens to of such use, has been contaminated by minimis and not significant. In addition, firms subject to the rule’s physical or chemical impurities. the rule adopted by the Commission 113 requirements. Only two commenters (f) Re-refined oil means used oil from does not require recycled oil specifically addressed these issues, and which physical and chemical manufacturers to conduct substantial they stated that the rule will impose no contaminants acquired through use have equivalency tests themselves. They may adverse economic impact even on any been removed. use third parties, thus obviating the small businesses that might be covered need to have testing equipment of their by the rule.114 Accordingly, the § 311.2 Stayed or invalid parts. own. Thus, the rule minimizes burdens Commission concludes that the rule it If any part of this rule is stayed or on even small businesses. has adopted will not impose any held invalid, the rest of it will remain On the basis of all the information significant burdens and costs on firms in force. now before it, the Commission subject to the rule’s requirements. determines that the rule will not have a § 311.3 Preemption. significant impact on a substantial List of Subjects in 16 CFR Part 311 No law, regulation, or order of any number of small entities. Consequently, Energy conservation, Incorporation by State or political subdivision thereof the Commission concludes that a reference, Labeling, Recycled oil, Trade may apply, or remain applicable, to any regulatory flexibility analysis is not practices. container of recycled oil, if such law, required. In light of the above, the regulation, or order requires any Commission certifies, under section 605 VII. Text of Rule container of recycled oil, which of the RFA,108 that the rule it has Accordingly, the Commission amends container bears a label in accordance adopted will not have a significant 16 CFR Chapter I by adding a new part with the terms of § 311.5 of this Part, to impact on a substantial number of small 311 to Subchapter C to read as follows: bear any label with respect to the entities. comparative characteristics of such PART 311ÐTEST PROCEDURES AND recycled oil with new oil that is not V. Paperwork Reduction Act LABELING STANDARDS FOR identical to that permitted by § 311.5 of In the NPR, the Commission noted RECYCLED OIL this Part. that its proposed rule contained no reporting, recordkeeping, labeling or Sec. § 311.4 Testing. 311.1 Definitions. To determine the substantial 311.2 Stayed or invalid parts. 104 5 U.S.C. 601(6). equivalency of processed used oil with 105 13 CFR 121. 109 new oil for use as engine oil, 106 60 FR 44712, 44716. 60 FR 44712, 44716. 110 Safety-Kleen, D–16, 13. manufacturers or their designees must 107 NORA, D–12, 5; Safety-Kleen, D–16, 13. use the test procedures that were Safety-Kleen stated that it is not aware that a 111 5 CFR 1320.7(c). substantial number of small entities manufacture 112 44 U.S.C. 3501–3520. reported to the Commission by the processed used oil for sale as engine oil. 113 60 FR 44712, 44716. National Institute of Standards and 108 5 U.S.C. 605(b). 114 NORA, D–12, 5; Safety-Kleen, D–16, 13. Technology (‘‘NIST’’) on July 27, 1995, 55422 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Rules and Regulations entitled ‘‘Engine Oil Licensing and § 311.5 Labeling. manufacturer or other seller has based Certification System,’’ American A manufacturer or other seller may such representation on the Petroleum Institute (‘‘API’’) Publication represent, on a label on a container of manufacturer’s determination that the 1509, Thirteenth Edition, January, 1995. processed used oil, that such oil is processed used oil is substantially This incorporation by reference was substantially equivalent to new oil for equivalent to new oil for use as engine approved by the Director of the Federal use as engine oil only if the oil in accordance with the NIST test Register in accordance with 5 U.S.C. manufacturer has determined that the procedures prescribed under § 311.4 of 552(a) and 1 CFR Part 51. Copies of API oil is substantially equivalent to new oil this Part. Violations will be subject to Publication 1509, ‘‘Engine Oil Licensing for use as engine oil in accordance with enforcement through civil penalties, and Certification System,’’ may be the NIST test procedures prescribed imprisonment, and/or injunctive relief obtained from the American Petroleum under § 311.4 of this Part, and has based in accordance with the enforcement Institute, 1220 L Street, NW., the representation on that provisions of Section 525 of the Energy Washington, DC 20005, or may be determination. Policy and Conservation Act (42 U.S.C. inspected at the Federal Trade 6395). § 311.6 Prohibited acts. Commission, Public Reference Room, By direction of the Commission. room 130, 600 Pennsylvania Avenue, It is unlawful for any manufacturer or NW., Washington, DC, or at the Office other seller to represent, on a label on Donald S. Clark, of the Federal Register,, 800 North a container of processed used oil, that Secretary. Capitol Street NW., suite 700, such oil is substantially equivalent to [FR Doc. 95–26980 Filed 10–30–95; 8:45 am] Washington, DC. new oil for use as engine oil unless the BILLING CODE 6750±01±P i
Reader Aids Federal Register Vol. 60, No. 210 Tuesday, October 31, 1995
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Public inspection announcement line 523±5215 the revision date of each title. 12905 (Continued by Laws 3 CFR EO 12974)...... 51875 Public Laws Update Services (numbers, dates, etc.) 523±6641 Proclamations: 12912 (See EO For additional information 523±5227 6828...... 51877 12974) ...... 51876 6829...... 51879 Presidential Documents 12958 (See Order of 6830...... 52291 October 13, 1995)...... 53845 Executive orders and proclamations 523±5227 6831...... 52827 12973...... 51665 The United States Government Manual 523±5227 6832...... 53097 12974...... 51875 Other Services 6833...... 53099 12975...... 52063 6834...... 53101 12976...... 52829 Electronic and on-line services (voice) 523±4534 6835...... 53103 12977...... 54411 Privacy Act Compilation 523±3187 6836...... 53105 12978...... 54579 TDD for the hearing impaired 523±5229 6837...... 53107 12979...... 55171 6838...... 53247 Administrative Orders: ELECTRONIC BULLETIN BOARD 6839...... 53249 Memorandums: 6840...... 53843 September 29, 1995...... 52061 Free Electronic Bulletin Board service for Public Law numbers, 6841...... 54023 October 2, 1995...... 52821 Federal Register finding aids, and list of documents on public 6842...... 54025 October 3, 1995...... 52289 inspection. 202±275±0920 6843...... 54931 October 10, 1995...... 53251 FAX-ON-DEMAND 6844...... 54933 Orders: 6845...... 54935 October 13, 1995...... 53845 You may access our Fax-On-Demand service. You only need a fax Executive Orders: machine and there is no charge for the service except for long Presidential Determinations: 4410 (Revoked in part No. 95±45 of distance telephone charges the user may incur. The list of by PLO 7165)...... 52846 documents on public inspection and the daily Federal Register’s September 29, 11145 (Continued by 1995 ...... 52823 table of contents are available using this service. The document EO 12974)...... 51875 numbers are 7050-Public Inspection list and 7051-Table of No. 95±46 of 11183 (Continued by September 29, Contents list. The public inspection list will be updated EO 12974)...... 51875 immediately for documents filed on an emergency basis. 1995 ...... 53087 11287 (Continued by No. 95±47 of NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON EO 12974)...... 51875 September 29, FILE AND NOT THE ACTUAL DOCUMENT. Documents on 11776 (Continued by 1995 ...... 53089 public inspection may be viewed and copied in our office located EO 12974)...... 51875 No. 95±48 of at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 12131 (Continued by September 29, telephone number is: 301±713±6905 EO 12974)...... 51875 1995 ...... 53091 12196 (Continued by No. 95±49 of FEDERAL REGISTER PAGES AND DATES, OCTOBER EO 12974)...... 51875 September 28, 12216 (Continued by 1995 ...... 53677 51321±51666...... 2 EO 12974)...... 51875 No. 95±50 of 51667±51876...... 3 12345 (Continued by September 30, 51877±52062...... 4 EO 12974)...... 51875 1995 ...... 53093 12367 (Continued by 52063±52290...... 5 EO 12974)...... 51875 5 CFR 52291±52608...... 6 12382 (Continued by 213...... 55173 52609±52830...... 10 EO 12974)...... 51875 315...... 53503 52831±53100...... 11 12844 (Revoked in 532...... 51881, 55174 53101±53246...... 12 part by EO 581...... 54937 53247±53502...... 13 12974) ...... 51876 831...... 54585 53503±53690...... 16 12869 (Superseded by 838...... 54938 53691±53846...... 17 EO 12974)...... 51876 842...... 54585 53847±54026...... 18 11871 (Continued by 870...... 51881 54027±54150...... 19 EO 12974)...... 51875 871...... 51881 54151±54290...... 20 11876 (Continued by 872...... 51881 EO 12974)...... 51875 54291±54410...... 23 874...... 51881 12878 (Revoked by 2608...... 51667 54411±54584...... 24 EO 12974)...... 51876 2612...... 51667 54585±54798...... 25 12882 (Continued by 2635...... 51667 54799±54936...... 26 EO 12974)...... 51875 Proposed Rules: 54937±55172...... 27 12887 (See EO 251...... 51371 55173±55308...... 30 12974) ...... 51876 531...... 53545 55309±55422...... 31 12900 (Continued by 591...... 53716 EO 12974)...... 51875 12901 (Amended by 7 CFR EO 12973)...... 51665 8...... 52293 ii Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Reader Aids
301 ...... 52831, 52833, 54938 325...... 54450, 54819 95...... 55191 382...... 53114 400...... 51321 326...... 54450, 54819 97 ...... 51715, 51717, 54299, 385...... 53019 810...... 51667 327...... 54450, 54819 54300, 55194, 55195, 55197 Proposed Rules: 906...... 54291 381...... 54450, 54819 107...... 51854, 53830 35...... 52874, 54317 916...... 52067 108 ...... 51850, 51854, 53830 917...... 52067 10 CFR 121...... 51850, 52625 19 CFR 920...... 52834, 55175 50...... 53505 125...... 52625 4...... 54939 922...... 54292 70...... 53505 135...... 51850, 52625 10...... 52294 923...... 54292 72...... 53505 Proposed Rules: 12...... 54939 924...... 54292 110...... 55183 25...... 55221 19...... 52294 966...... 55176 905...... 54151 39 ...... 51375, 51376, 51942, 54...... 52294 979...... 54294 Proposed Rules: 51944, 52130, 52131, 52636, 101...... 52627 982...... 51668 50...... 51936 52870, 52872, 53148, 53150, 123...... 54187 984...... 55178 52...... 51936, 53883 53307, 53309, 53310, 53312, 125...... 52294 1004...... 55309 73...... 55337 53314, 53548, 53550, 53552, 141...... 52294 1099...... 55179 100...... 51936 53554, 53556, 53558, 53883, 144...... 52294 1150...... 53253 53888, 54202, 54203, 54820, 148...... 54187 11 CFR 1212...... 52835 55337 210...... 53117 1443...... 51885 100...... 52069 71 ...... 51747, 52133, 52134, Proposed Rules: 1477...... 52609, 54409 106...... 52069 52637, 52638, 52639, 53724, 101...... 52347 1478...... 52609 109...... 52069 54205, 54206, 54457, 54458, 201...... 51748 1900...... 55112 110...... 52069 55222, 55223, 55224, 55226, 207...... 51748 1910...... 55112 114...... 52069 55227 20 CFR 1924...... 55112 77...... 53680 1940...... 55112 12 CFR 404...... 53267 1942...... 52838 Ch. XVIII ...... 54110 15 CFR 702...... 51346 1944...... 55112 207...... 55183 773...... 54030 703...... 51346 1950...... 55112 220...... 55183 778...... 54030 Proposed Rules: 1951...... 55112 221...... 55183 799...... 53698, 54030 655...... 55339 1955...... 55112 224...... 55183 806...... 54590 1965...... 55112 229...... 51669 21 CFR Proposed Rules: 1980...... 52838, 53254 5...... 54424 701...... 51886 929...... 53890 2610...... 52840 73...... 52628 722...... 51889 937...... 53890 2620...... 52842 1805...... 54110 100...... 53480 Proposed Rules: 1806...... 54110 16 CFR 101...... 53480 54...... 53283 1815...... 54110 103...... 53480 311...... 55414 300...... 51373 104...... 53480 Proposed Rules: 429...... 54185 318...... 51373 105...... 53480 Ch. II ...... 53546 436...... 51895 981...... 55213 109...... 53480 22...... 53962 1500...... 53266 982...... 55333 137...... 53480 24...... 54819 1700...... 53699 985...... 52869 208...... 53692 161...... 53480 1124...... 54315 339...... 53692 Proposed Rules: 163...... 53480 24...... 54316 1135...... 54315 563...... 53692 172...... 54425 260...... 54619 1280...... 51737 572...... 53692 173...... 54035 177...... 54188, 54425 1413...... 52634 614...... 53692 17 CFR 3015...... 53717 701...... 51936 178...... 54427, 54428 3016...... 53717 760...... 53692 1...... 54801 182...... 53480 3017...... 54103 933...... 54958 3...... 54801 184...... 54190 3050...... 53717 9...... 54801 186...... 53480 3401...... 55160 13 CFR 10...... 54801 197...... 53480 106...... 54588 11...... 54801 200...... 53480 8 CFR 109...... 54588 21...... 54801 250...... 53480 204...... 54027 110...... 54588 36...... 51323 310...... 52474, 53480 208...... 52068 111...... 54588 200...... 52626 355...... 52474 212...... 52068, 52248 128...... 54588 231...... 53458 369...... 52474 214...... 52068, 52248 129...... 54588 241...... 53458 500...... 53480 236...... 52068 144...... 54588 271...... 53458 505...... 53480 242...... 52068 Proposed Rules: 507...... 53480 245...... 52068, 52248 14 CFR 230...... 53468 508...... 53480 248...... 52068 23...... 54297 232...... 53468 510...... 53480, 54193 274a...... 52068 25...... 53691 239...... 53468 522 ...... 51718, 53509, 54941 299...... 52068 39 ...... 51321, 51703, 51705, 240 ...... 52792, 53468, 53832, 558 ...... 53509, 53701, 54193 51707, 51709, 51713, 52073, 54823 570...... 53480 9 CFR 52618, 52620, 52622, 52843, 270...... 53152, 53468 573...... 53702 92...... 55180 52844, 53109, 53110, 53112, 601...... 53480 318...... 54295 53265, 53507, 53847, 54849, 18 CFR 620...... 53480 327...... 54296 53851, 53853, 53855, 53857, 2...... 53019 630...... 53480 331...... 54413 53859, 53860, 53862, 53864, 154...... 52960 640...... 53480 381...... 54296, 54413 53866, 53868, 53869, 54414, 157...... 53019 650...... 53480 Proposed Rules: 54415, 54417, 54419, 54421, 158...... 53019 660...... 53480 92...... 54315 54799, 54800, 55187, 55189 201...... 53019 680...... 53480 94...... 52635 61...... 51850 250...... 53019 700...... 53480 308...... 54450, 54819 63...... 51850 260...... 53019 801...... 53480 310...... 54450, 54819 65...... 51850 284...... 53019 886...... 54942 318...... 54450, 54819 71 ...... 52293, 52624, 52846, 357...... 53114 1301...... 55310 320...... 54450, 54819 53870, 53871, 53872, 54423 381...... 53019 1310...... 53121, 54409 Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Reader Aids iii
Proposed Rules: 1625...... 51762 Proposed Rules: 414...... 53877 2...... 53725 1910...... 54047 7...... 54633 486...... 53877 330...... 52058 2615...... 52135 489...... 52731, 53456 38 CFR 801...... 53560 2615...... 54619 498...... 52731 803...... 53560 1...... 53275 804...... 53560 30 CFR 3 ...... 51921, 52862, 52863, 43 CFR 888...... 51946 902...... 54592 53276 Public Land Orders: 897...... 53560 906...... 54592 20...... 51922 7155...... 52731 1309...... 55348 914...... 53511, 54593 21...... 54435 7161...... 52631 1310...... 55348 944...... 54592 Proposed Rules: 7162...... 52631 1313...... 55348 948...... 51900 4...... 54825 7163...... 51734 7164...... 52864 22 CFR Proposed Rules: 39 CFR 6...... 52640 7165...... 52864 92...... 51719 14...... 55353 233...... 54304 7166...... 53131 514...... 53122 18 ...... 52640, 53891, 55353 3001...... 54981 7167...... 53131 7168...... 53131 Proposed Rules: 19...... 52640 40 CFR 51...... 51760, 54103 20...... 52640 7169...... 54814 52 ...... 51351, 51354, 51923, 181...... 54319 21...... 52640 44 CFR 22...... 52640 52312, 54305, 54308, 54435, 24 CFR 23...... 52640 54439, 54595, 54597, 54599, 64 ...... 51360, 54612, 55329 291...... 52296 26...... 52640 54807, 54810, 54812, 54946, 65...... 54036, 54038 67...... 54039 Proposed Rules: 27...... 52640 55198, 55200, 55312, 55314, 882...... 51658, 54979 29...... 52640 55316, 55321 Proposed Rules: 3500...... 54794 33...... 52640 55...... 55326 67...... 54051 58...... 52315 35...... 52640 45 CFR 25 CFR 56...... 55150 60...... 52329, 52331 61...... 52329, 52331 51±5...... 54199 163...... 52250 57...... 55150 70...... 52332, 53872 164...... 51723 75...... 53891, 55353 Proposed Rules: 81 ...... 51354, 51360, 52336, 165...... 51723 206...... 51963 1305...... 54648 54310, 55316, 55321 211...... 54321 46 CFR 26 CFR 250...... 54465 125...... 53875 136...... 53529 1...... 54106 1 ...... 52077, 53126, 54942, 906...... 53562 180 ...... 52248, 54604, 54605, 2...... 54106 55311 935...... 54619 54607 5...... 54106 31...... 53509 934...... 53564 185...... 54610 6...... 54106 40...... 54803 938...... 53565 186...... 54610 10...... 54106 52...... 52848 943 ...... 53567, 53569, 54620 258...... 52337 12...... 54106 301...... 51724, 54944 261...... 54311 14...... 54106 602 ...... 52848, 53126, 53509 31 CFR 271 ...... 51925, 52629, 53704, 515...... 54194 16...... 54106 Proposed Rules: 53707, 53708 25...... 54106 Proposed Rules: 31...... 53561 279...... 55202 28...... 54106, 54441 103...... 53316 301...... 55228 282...... 52343 30...... 54106 27 CFR 32 CFR 300...... 51927 31...... 54106 372...... 54949 32...... 54106 9...... 51896 67...... 54301 403...... 54764 33...... 54106 199...... 52078 503...... 54764 34...... 54106 28 CFR 311...... 54197 Proposed Rules: 35...... 54106 505...... 51918 0...... 53267 50...... 52874 39...... 54106 706 ...... 52860, 53272, 54198 2 ...... 51348, 51349, 51350 51 ...... 51378, 52734, 54321 50...... 54106 2001...... 53492 501...... 53490 52 ...... 51378, 51379, 51382, 52...... 54106 549...... 52278 Proposed Rules: 51964, 52348, 52351, 52352, 53...... 54106 Proposed Rules: 321...... 51764 54325, 54465, 54466, 54636, 54...... 54106 16...... 51962 723...... 53153 54637, 54832, 54990, 55231, 56...... 54106 29...... 54459 57...... 54106 33 CFR 55354, 55355, 55358 541...... 54922 60...... 52889 58...... 54106 549...... 54288 100 ...... 52296, 52297, 53273 63...... 53728 59...... 54106 551...... 54289 110...... 52103 70 ...... 52890, 54990, 55231 61...... 54106 117 ...... 51727, 51728, 51729, 80...... 52135, 53157 62...... 54106 29 CFR 51730, 51732, 52298, 53129, 81 ...... 51382, 53729, 55358 63...... 54106 4...... 51725 53274, 54430, 54431, 54432, 82...... 51383, 52357 69...... 54106 502...... 54803 54805 85...... 51378, 52734 70...... 54106 503...... 54803 164...... 51733 86...... 52734, 53157 71...... 54106 517...... 54804 165 ...... 52103, 52861, 54303, 89...... 53157 72...... 54106 526...... 54804 54434, 54806 136...... 53988 75...... 54106 1602...... 51350 Proposed Rules: 180 ...... 54637, 54641, 54643 76...... 54106 1910...... 52856, 54462 84...... 53726 261...... 54207 77...... 54106 1915...... 54462 110...... 53317 268...... 54645 78...... 54106 1926...... 54462 117...... 54823 271...... 54207 90...... 54106 2610...... 53268 162...... 53318 300...... 51390, 51395 91...... 54106 2619...... 53269 187...... 53727 302...... 51765, 54207 92...... 54106 2622...... 53268 355...... 51765 93...... 54106 2644...... 53272 36 CFR 403...... 54771 94...... 54106 2676...... 53269 223...... 53704 503...... 54771 95...... 54106 Proposed Rules: 251...... 54409 96...... 54106 Ch. XIV ...... 54207 261...... 54409 42 CFR 97...... 54106 507...... 55339 1210...... 53514 411...... 53876 98...... 54106 iv Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 / Reader Aids
107...... 54106 55331, 55332 1852...... 53878, 53880 177...... 53321 108...... 54106 76 ...... 51927, 52106, 54815 1870...... 53878 178...... 53321 110...... 54106 97...... 53132, 54409 1871...... 51368 179...... 53321 147...... 54106 Proposed Rules: 2209...... 54588 195...... 54328 148...... 54106 21...... 53891 Proposed Rules: 541...... 54658 150...... 54106 25...... 53891 Ch. 2 ...... 55001 565...... 54658 151...... 54106 36...... 52359, 55237 31...... 54918, 54920 567...... 54658 153...... 54106 61 ...... 52362, 52364, 53157 32...... 51766 571 ...... 53328, 54467, 54658, 154...... 54106 69...... 55237 45...... 53319 54833 160...... 52631, 54106 73 ...... 52144, 52641, 53892, 52...... 51766, 53319 1043...... 53894 161...... 54106 55358 204...... 54326 1160...... 53894 162...... 54106 90...... 52894, 53893 207...... 53573 164...... 54106 209...... 53573 167...... 54106 48 CFR 215 ...... 53573, 53574, 54326 50 CFR 169...... 54106 11...... 54817 216...... 54326 23...... 52450 170...... 54106 12...... 54817 225...... 53319 32...... 52866 171...... 53710 15...... 54045 231...... 53320, 53321 227...... 51928, 52121 174...... 54106 23...... 55306 232...... 54326 228...... 53139 175...... 54106 52...... 54817, 55306 233...... 54326 285...... 51932 180...... 54106 219...... 54954 235...... 54326 301...... 54818 181...... 54106 252...... 54954 239...... 54326 625...... 53281 182...... 54106 501...... 54955 244...... 55001 630...... 51933 183...... 54106 502...... 54956 246...... 54326 651...... 51370, 55207 184...... 54106 504...... 54955 242...... 53573, 53575 672 ...... 51934, 51935, 52128, 188...... 54106 507...... 54955 252 ...... 53319, 53575, 54326 52632, 53714, 53881, 54200, 189...... 54106 508...... 54955 253...... 54326 54818 190...... 54106 509...... 54955 1510...... 51964 675 ...... 52129, 53147, 53881, 192...... 54106 514...... 54956 1532...... 51964 54046, 54617, 55212 193...... 54106 515...... 54955 1552...... 51964 677...... 53715 196...... 54106 516...... 54955 1553...... 51964 Proposed Rules: 197...... 54106 519...... 54955 1816...... 54208 14...... 53329 Proposed Rules: 525...... 54956 1845...... 54651 17 ...... 51398, 51417, 51432, Ch. I ...... 52143 528...... 54955 1852...... 54208, 54651 51436, 51443 10...... 54466 536...... 54955 18...... 54210 49 CFR 25...... 52359 541...... 54955 36...... 53576 552...... 53572 542...... 54956 178...... 54409 222...... 51968 549...... 54955 209...... 53133 227...... 51968 47 CFR 552...... 54955 240...... 53133 301...... 51735 1...... 52865, 53277 915...... 52632 571...... 53280 638...... 53730 32...... 53544 916...... 52632 572...... 53280 641...... 55359 36...... 53544 970...... 52632 Proposed Rules: 642...... 53576 43...... 51366, 52865 1415...... 53278 107...... 53321, 53729 646...... 54329 61...... 52345, 52865 1426...... 53278 110...... 53321 649...... 54210 63...... 51366 1428...... 53278 171...... 53321, 54008 650...... 54210 64...... 52105, 54449 1452...... 53278 172...... 53321 651...... 51978, 54210 68...... 52105, 54814 1815...... 53878 173...... 53321, 54008 652...... 54211, 54330 73 ...... 52105, 52106, 53278, 1816...... 53878 174...... 53321 656 ...... 53577, 53907, 54663 53877, 53878, 54313, 54616, 1819...... 53880 175...... 53321 658...... 54663 54617, 54953, 54954, 55206, 1822...... 52121 176...... 53321 676...... 51452, 53331