Pages 50229±50418 Vol. 61 9±25±96 No. 187 federal register September 25,1996 Wednesday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996

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How To Cite This Publication: Use the volume number and the page number. Example: 61 FR 12345.

2 III

Contents Federal Register Vol. 61, No.187

Wednesday, September 25, 1996

Agency for Toxic Substances and Disease Registry Commodity Futures Trading Commission NOTICES NOTICES Committees; establishment, renewal, termination, etc.: Contract market proposals: Public Health Service Activities and Research at DOE Chicago Mercantile Exchange— Sites Citizens Advisory Committee, 50322–50323 CME three-month Eurodollar, etc., 50280–50281 Dow Jones Taiwan Stock Index, 50280 Agricultural Marketing Service RULES Defense Department Marketing orders; expenses and assessment rates, 50229– See Army Department 50230 See Engineers Corps Potatoes (Irish) grown in— NOTICES Colorado, 50231–50232 Agency information collection activities: Submission for OMB review; comment request, 50281 Agricultural Research Service Arms sales notification; transmittal letter, etc., 50281–50284 NOTICES Organization, functions, and authority delegations: Patent licenses; non-exclusive, exclusive, or partially Defense Hearings and Appeals Office, 50284–50285 exclusive: Employment and Training Administration Zellweger Uster, 50271 NOTICES Agriculture Department Adjustment assistance: Ambrose Uniform, 50333 See Agricultural Marketing Service Bruckner Manufacturing et al., 50333–50334 See Agricultural Research Service NOTICES Grassroots USA, Inc., 50334 Agency information collection activities: Adjustment assistance and NAFTA transitional adjustment Submission for OMB review; comment request, 50271 assistance: Burlington Industries, Inc., et al., 50331–50333 Army Department Grants and cooperative agreements; availability, etc.: See Engineers Corps Job Training Partnership Act— NOTICES National Reserve Account; application procedures, Agency information collection activities: 50388–50401 Proposed collection; comment request, 50285–50286 NAFTA transitional adjustment assistance: Ogden Atlantic Design, 50334 Census Bureau Progressive Knitting Mills of Pennsylvania, Inc., 50334– NOTICES 50335 Decennial population and housing count determinations for Energy Department places incorporating between National Censuses; count See Federal Energy Regulatory Commission update operations discontinuation, 50271–50272 Engineers Corps Centers for Disease Control and Prevention NOTICES NOTICES Environmental statements; availability, etc.: Meetings: Willamette River Basin, OR; review feasibility study, Partner notification program policies in disease control 50286–50287 by U.S. public health programs; consultation, 50323 Environmental Protection Agency Coast Guard RULES RULES Air quality implementation plans; approval and Ports and waterways safety: promulgation; various States, and air quality planning Arrivals, departures, and certain dangerous cargoes; purposes; designations of areas: advance notice, 50232–50235 Louisiana, 50238 Washington, 50235–50238 Commerce Department Hazardous waste: See Census Bureau Identification and listing— See International Trade Administration Exclusions, 50238–50244 See National Oceanic and Atmospheric Administration Solid waste disposal facility criteria (landfills)— Small municipal solid waste landfills in dry or remote Committee for the Implementation of Textile Agreements areas; ground-water monitoring exemption re- NOTICES establishment, 50410–50413 Cotton, wool, and man-made textiles: NOTICES Dominican Republic, 50278–50279 Meetings: Malaysia, 50279 National Environmental Justice Advisory Council, 50293– Russia, 50279–50280 50294 IV Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Contents

Pesticide registration, cancellation, etc.: Formations, acquisitions, and mergers, 50300 Methoxychlor 25% Insecticide, etc., 50294–50295 Permissible nonbanking activities, 50300–50301 Reports; availability, etc.: Environmental release descriptions supporting hazardous Federal Trade Commission wastes characteristics scoping study, 50295–50296 NOTICES Superfund; response and remedial actions, proposed Prohibited trade practices: settlements, etc.: Time Warner Inc. et al., 50301–50322 Marco of Iota Site, LA, 50296 MIG DeWane Landfill Site, IL, 50296–50297 Fish and Wildlife Service Toxic and hazardous substances control: NOTICES Premanufacture exemption approvals, 50297–50298 Endangered and threatened species permit applications, 50325–50326 Executive Office of the President See Management and Budget Office Food and Drug Administration SeePresidential Documents NOTICES Human drugs: Federal Communications Commission Abbreviated drug applications— RULES Hance Brothers & White Co. et al., 50323–50324 Common carrier services: Pesticide residue monitoring data base (1995 FY); Telecommunications Act of 1996; implementation— availability, 50324 Filing requirements and carrier classifications reform, 50244–50246 Health and Human Services Department Radio stations; table of assignments: See Agency for Toxic Substances and Disease Registry Colorado, 50246–50248 See Centers for Disease Control and Prevention Georgia, 50247 See Food and Drug Administration Michigan, 50247 See Indian Health Service PROPOSED RULES Common carrier services: Housing and Urban Development Department Telecommunications Act of 1996; implementation— NOTICES Filing requirements and carrier classifications reform, Grants and cooperative agreements; availability, etc.: 50266–50267 Public and Indian housing— Radio stations; table of assignments: East Texas; fair housing services center, 50376–50386 Oklahoma et al., 50267 Indian Health Service Federal Election Commission NOTICES NOTICES Agency information collection activities: Special elections; filing dates: Submission for OMB review; comment request, 50324– Texas, 50298–50299 50325 Federal Energy Regulatory Commission Interior Department NOTICES See Fish and Wildlife Service Electric rate and corporate regulation filings: See Land Management Bureau Florida Power Corp. et al., 50290–50293 See National Park Service Natural gas pipelines, interstate; business practices See Reclamation Bureau standards, 50293 Applications, hearings, determinations, etc.: International Trade Administration Equitrans L.P., 50287 NOTICES Mid Louisiana Gas Co., 50287 Antidumping: National Fuel Gas Supply Corp., 50287–50288 Engineered process gas turbo-compressor systems, NorAm Gas Transmission Co., 50288 assembled or unassembled, and complete or Northwest Pipeline Corp., 50288–50289 Tennessee Gas Pipeline Co., 50289 incomplete, from— Williston Basin Interstate Pipeline Co., 50289–50290 Japan, 50272 Countervailing duties: Federal Maritime Commission Cotton shop towels from— PROPOSED RULES Pakistan, 50273–50276 Ocean freight forwarders, marine terminal operators, and Applications, hearings, determinations, etc.: passenger vessels: Princeton University et al., 50272 Transportation nonperformance; financial responsibility University of— requirements California, 50273 Coverage ceiling removal and replacement with sliding- Vermont, 50273 scale coverage, 50265 NOTICES International Trade Commission Agreements filed, etc., 50299–50300 NOTICES Import investigations: Federal Reserve System Sodium azide from— NOTICES Japan, 50330–50331 Banks and bank holding companies: Vector supercomputers from— Change in bank control, 50300 Japan, 50331 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Contents V

Labor Department Nuclear Regulatory Commission See Employment and Training Administration NOTICES See Occupational Safety and Health Administration Meetings: Nuclear power plants; operating licenses renewal requirements; public workshop, 50335–50337 Land Management Bureau Reactor Safeguards Advisory Committee, 50337–50338 NOTICES Meetings; Sunshine Act, 50338 Agency information collection activities: Operating licenses, amendments; no significant hazards Proposed collection; comment request, 50326–50327 considerations; biweekly notices, 50338–50351 Meetings: Applications, hearings, determinations, etc.: California Desert District Advisory Council, 50327 Philadelphia Electric Co., 50335 Realty actions; sales, leases, etc.: Colorado, 50327 Occupational Safety and Health Administration Survey plat filings: NOTICES California, 50327–50328 State plans; development, enforcement, etc.: California; correction, 50335 Management and Budget Office NOTICES Office of Management and Budget Budget rescissions and deferrals See Management and Budget Office Cumulative reports, 50404–50407 Personnel Management Office NOTICES National Highway Traffic Safety Administration Privacy Act: PROPOSED RULES Computer matching programs, 50351–50353 Motor vehicle safety standards: Head protection zone requirements; petition denied, Postal Service 50268–50269 NOTICES NOTICES Meetings; Sunshine Act, 50353–50354 Meetings: International Harmonization of Safety Standards; Presidential Documents meetings schedule, 50370–50371 ADMINISTRATIVE ORDERS Motor vehicle safety standards: Haiti; drawdown of commodities and services from the Nonconforming vehicles— Departments of State, the Treasury, Defense, and Importation eligibility; determinations, 50371–50372 Justice (Presidential Determination No. 96–52 of Motor vehicle safety standards; exemption petitions, etc.: September 12, 1996), 50417 Whitfield, R.A., 50372 President's Council on Sustainable Development National Oceanic and Atmospheric Administration NOTICES RULES Meetings, 50354 Fishery conservation and management: Gulf of Alaska groundfish, 50256–50257 Public Health Service Ocean salmon off coasts of Washington, Oregon, and See Agency for Toxic Substances and Disease Registry California, 50255–50256 See Centers for Disease Control and Prevention PROPOSED RULES See Food and Drug Administration Fishery conservation and management: See Indian Health Service Gulf of Mexico shrimp, 50269–50270 NOTICES Reclamation Bureau Marine mammals: NOTICES Incidental taking; authorization letters, etc.— Central Valley Project Improvement Act: Vandenberg AFB, CA; Taurus space launch vehicles, Water conservation plans; evaluation criteria; decision, 50276–50278 50329 Committees; establishment, renewal, termination, etc.: National Park Service Yakima River Basin Water Conservation Advisory Group; meetings, 50330 NOTICES Management and land protection plans; availability, etc.: Research and Special Programs Administration Saint-Gaudens National Historic Site, NH, 50328 Meetings: RULES Niobrara National Scenic River Advisory Commission, Hazardous materials: 50328–50329 Hazardous materials transportation— Sleeping Bear Dunes National Lakeshore Advisory Rail requirements; miscellaneous amendments, 50252– Commission, 50329 50255 Saint Lawrence Seaway Development Corporation National Science Foundation PROPOSED RULES NOTICES Seaway regulations and rules: Meetings: Great Lakes Pilotage Regulations; rates increase, 50258– Engineering Advisory Committee, 50335 50264 VI Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Contents

Securities and Exchange Commission Veterans Affairs Department NOTICES PROPOSED RULES Agency information collection activities: Adjudication; pensions, compensation, dependency, etc.: Proposed collection; comment request, 50354–50355 Ionizing radiation exposure claims (prostate cancer and Meetings; Sunshine Act, 50357–50358 any other cancer), 50264–50265 Self-regulatory organizations; proposed rule changes: NOTICES Chicago Board Options Exchange, Inc., 50358–50366 Meetings: Pacific Stock Exchange, Inc., 50366–50367 Wage Committee, 50373 Philadelphia Stock Exchange, Inc., 50367–50369 Applications, hearings, determinations, etc.: Diversified Investors Strategic Variable Funds et al., Separate Parts In This Issue 50355–50357 Part II Surface Transportation Board Department of Housing and Urban Development, 50376– NOTICES 50386 Rail carriers: Cost recovery procedures— Part III Adjustment factor, 50372–50373 Department of Labor, Employment and Training Administration, 50388–50401 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Part IV Agreements Office of Management and Bureau, 50404–50407

Toxic Substances and Disease Registry Agency Part V See Agency for Toxic Substances and Disease Registry Environmental Protection Agency, 50410–50413

Transportation Department Part VI See Coast Guard The President, 50417 See National Highway Traffic Safety Administration See Research and Special Programs Administration See Saint Lawrence Seaway Development Corporation Reader Aids See Surface Transportation Board RULES Additional information, including a list of public laws, Acquisition regulations: telephone numbers, reminders, and finding aids, appears in Federal regulatory reform, 50248–50251 the Reader Aids section at the end of this issue. NOTICES Agency information collection activities: Submission for OMB review; comment request, 50369– Electronic Bulletin Board 50370 Free Electronic Bulletin Board service for Public Law Aviation proceedings: numbers, Federal Register finding aids, and a list of Hearings, etc.— documents on public inspection is available on 202–275– Vision Air, Inc., 50370 1538 or 275–0920. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Administrative Orders: Presidential Determination: No. 96±52 of September 12, 1996 ...... 50417 7 CFR 922...... 50229 923...... 50229 924...... 50229 948...... 40231 33 CFR 160...... 50232 Proposed Rules: 404...... 50258 407...... 50258 38 CFR Proposed Rules: 3...... 50264 40 CFR 52 (2 documents) ...... 50235, 50238 81...... 50238 258...... 50410 261...... 50238 46 CFR Proposed Rules: 540...... 50265 47 CFR 32...... 50244 43...... 50244 64...... 50244 73 (4 documents) ...... 50246, 50247 Proposed Rules: 32...... 50266 43...... 50266 64...... 50266 73...... 50267 48 CFR 1201...... 50248 1202...... 50248 1205...... 50248 1209...... 50248 1210...... 50248 1211...... 50248 1212...... 50248 1213...... 50248 1215...... 50248 1216...... 50248 1219...... 50248 1220...... 50248 1224...... 50248 1233...... 50248 1237...... 50248 1247...... 50248 1252...... 50248 1253...... 50248 49 CFR 172...... 50252 173...... 50252 174...... 50252 179...... 50252 Proposed Rules: 571...... 50268 50 CFR 660...... 50255 679 (2 documents) ...... 50256 Proposed Rules: 622...... 50269 50229

Rules and Regulations Federal Register Vol. 61, No. 187

Wednesday, September 25, 1996

This section of the FEDERAL REGISTER FAX (503) 326–7440. Small businesses petition. The Act provides that the contains regulatory documents having general may request information on compliance district court of the United States in any applicability and legal effect, most of which with this regulation by contacting: Jay district in which the handler is an are keyed to and codified in the Code of Guerber, Marketing Order inhabitant, or has his or her principal Federal Regulations, which is published under Administration Branch, Fruit and place of business, has jurisdiction to 50 titles pursuant to 44 U.S.C. 1510. Vegetable Division, AMS, USDA, PO review the Secretary’s ruling on the The Code of Federal Regulations is sold by Box 96456, Room 2523–S, Washington, petition, provided an action is filed not the Superintendent of Documents. Prices of DC 20090–6456; telephone: (202) 720– later than 20 days after the date of the new books are listed in the first FEDERAL 2491, FAX (202) 720–5698. entry of the ruling. REGISTER issue of each week. SUPPLEMENTARY INFORMATION: This rule Pursuant to requirements set forth in is issued under Marketing Agreement the Regulatory Flexibility Act (RFA), the and Order No. 922 (7 CFR part 922), Agricultural Marketing Service (AMS) DEPARTMENT OF AGRICULTURE regulating the handling of apricots has considered the economic impact of this rule on small entities. Agricultural Marketing Service grown in designated counties in Washington; Marketing Order No. 923 (7 The purpose of the RFA is to fit 7 CFR Parts 922, 923, and 924 CFR part 923) regulating the handling of regulatory actions to the scale of sweet cherries grown in designated business subject to such actions in order [Docket No. FV96±922±2 FIR] counties in Washington; and Marketing that small businesses will not be unduly or disproportionately burdened. Assessment Rates for Specified Order No. 924 (7 CFR part 924) Marketing orders issued pursuant to the Marketing Orders regulating the handling of fresh prunes grown in designated counties in Act, and the rules issued thereunder, are AGENCY: Agricultural Marketing Service, Washington and in Umatilla County, unique in that they are brought about USDA. Oregon, hereinafter referred to as the through group action of essentially ACTION: Final rule. ‘‘orders.’’ The marketing agreements and small entities acting on their own orders are effective under the behalf. Thus, both statutes have small SUMMARY: The Department of Agricultural Marketing Agreement Act entity orientation and compatibility. Agriculture (Department) is adopting as of 1937, as amended (7 U.S.C. 601–674), There are approximately 55 handlers a final rule, without change, the hereinafter referred to as the ‘‘Act.’’ of Washington apricots, 55 handlers of provisions of an interim final rule that The Department of Agriculture Washington sweet cherries, and 30 establishes assessment rates for (Department) is issuing this rule in handlers of Washington-Oregon fresh Marketing Order Nos. 922, 923 and 924 conformance with Executive Order prunes subject to regulation under the for the 1996–97 and subsequent fiscal 12866. marketing orders. In addition, there are periods. The Washington Apricot This rule has been reviewed under about 190 Washington apricot Marketing Committee, Washington Executive Order 12988, Civil Justice producers, 1,100 Washington sweet Cherry Marketing Committee, and Reform. Under the marketing orders cherry producers, and 350 Washington- Washington-Oregon Fresh Prune now in effect, handlers in designated Oregon fresh prune producers in the Marketing Committee (Committees) are areas are subject to assessments. Funds respective production areas. Small responsible for local administration of to administer the orders are derived agricultural producers have been the marketing orders which regulate the from such assessments. It is intended defined by the Small Business handling of apricots and cherries grown that the assessment rates as issued Administration (13 CFR 121.601) as in designated counties in Washington, herein will be applicable to all those having annual receipts of less than and prunes grown in designated assessable apricots, cherries, and prunes $500,000, and small agricultural service counties in Washington and in Umatilla beginning April 1, 1996, and continuing firms are defined as those whose annual County, Oregon. Authorization to assess until amended, suspended, or receipts are less than $5,000,000. The apricot, cherry and prune handlers terminated. This rule will not preempt majority of Washington apricot, enables the Committees to incur any State or local laws, regulations, or Washington cherry, and Washington- expenses that are reasonable and policies, unless they present an Oregon fresh prune producers and necessary to administer the programs. irreconcilable conflict with this rule. handlers may be classified as small EFFECTIVE DATE: April 1, 1996. The Act provides that administrative entities. Interested persons are invited FOR FURTHER INFORMATION CONTACT: proceedings must be exhausted before to submit information on the regulatory Tershirra Yeager, Marketing Assistant, parties may file suit in court. Under and informational impacts of this action Marketing Order Administration section 608c(15)(A) of the Act, any on small businesses. Branch, Fruit and Vegetable Division, handler subject to an order may file The orders provide authority for the AMS, USDA, PO Box 96456, Room with the Secretary a petition stating that Committees, with the approval of the 2522–S, Washington, DC 20090–6456, the order, any provision of the order, or Department, to formulate annual telephone (202) 720–5127, FAX (202) any obligation imposed in connection budgets of expenses and collect 720–5698, or Teresa L. Hutchinson, with the order is not in accordance with assessments from handlers to administer Marketing Specialist, Northwest law and request a modification of the the programs. The members of the Marketing Field Office, Fruit and order or to be exempted therefrom. Such Committees are producers and handlers Vegetable Division, AMS, USDA, 1220 handlers are afforded the opportunity in designated counties in Washington SW Third Avenue, room 369, Portland, for a hearing on the petition. After the and in Umatilla County, Oregon. They OR 97204, telephone (503) 326–2724, hearing the Secretary would rule on the are familiar with the Committees needs 50230 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations and with the costs for goods and interest income and funds from the Pursuant to 5 U.S.C. 553, it is also services in their local area and are thus Committee’s authorized reserve, will be found and determined that good cause in a position to formulate appropriate adequate to cover budgeted expenses. exists for not postponing the effective budgets and assessment rates. The Funds in the reserve will be kept within date of this action until 30 days after assessment rates are formulated and the maximum permitted by the order. publication in the Federal Register discussed in public meetings. Thus, all The Committees voted against having because: (1) The Committees need to directly affected persons have an an assessment rate for their respective have sufficient funds to pay their opportunity to participate and provide programs for the 1995–96 fiscal year. expenses which are incurred on a input. Major expenditures recommended by continuous basis; (2) the 1996–97 fiscal The Washington Apricot Marketing the Committees for the 1996–97 year period began on April 1, 1996, and the Committee met on May 16, 1996, and include salary expenses, and office marketing orders require that the rates unanimously recommended 1996–97 expenses. of assessment for each fiscal period expenditures of $9,385 and an An interim final rule regarding this apply to all assessable apricots, cherries assessment rate of $3.00 per ton of action was published in the August 7, and prunes handled during such fiscal apricots. In comparison, last year’s 1996, issue of the Federal Register (61 period; (3) handlers are aware of the budgeted expenditures were $9,594. FR 40954). That rule provided a 30-day actions which were recommended by The assessment rate recommended by comment period. No comments were the Committees at public meetings and the Committee was derived by dividing received. are similar to other assessment rate anticipated expenses by expected While this rule will impose some actions issued in past years; and (4) an shipments of apricots grown in additional costs on handlers, the costs interim final rule was published on this designated counties in Washington. are in the form of uniform assessments action, providing a 30-day comment Apricot shipments for the year are on all handlers. Some of the additional estimated at 2,300 tons which should period, and no comments were received. costs may be passed on to producers. provide $6,900 in assessment income. However, these costs will be offset by List of Subjects Income derived from handler the benefits derived by the operation of assessments, along with interest income 7 CFR Part 922 the marketing orders. Therefore, the and funds from the Committee’s AMS has determined that this rule will Apricots, Marketing agreements, authorized reserve, will be adequate to not have a significant economic impact Reporting and recordkeeping cover budgeted expenses. Funds in the on a substantial number of small requirements. reserve will be kept within the entities. maximum permitted by the order. 7 CFR Part 923 The Washington Cherry Marketing The assessment rates established in Committee met on May 17, 1996, and this rule will continue in effect Cherries, Marketing agreements, unanimously recommended 1996–97 indefinitely unless modified, Reporting and recordkeeping expenditures of $56,665 and an suspended, or terminated by the requirements. assessment rate of $1.00 per ton of Secretary upon recommendation and 7 CFR Part 924 cherries. In comparison, last year’s information submitted by the budgeted expenditures were $55,393. Committees or other available information. Plums, Prunes, Marketing agreements, The assessment rate recommended by Reporting and recordkeeping Although these assessment rates are the Committee was derived by dividing requirements. anticipated expenses by expected effective for an indefinite period, the shipments of cherries grown in Committees will continue to meet prior For the reasons set forth in the designated counties in Washington. to or during each fiscal period to preamble, 7 CFR part 922 is amended as Shipments for the year are estimated at consider recommendations for follows: 30,000 tons which should provide modification of the assessment rates. $30,000 in assessment income. Income The dates and times of Committee PART 922ÐAPRICOTS GROWN IN derived from handler assessments, along meetings are available from the DESIGNATED COUNTIES IN with interest income and funds from the Committees or the Department. WASHINGTON Committee’s authorized reserve, will be Committee meetings are open to the adequate to cover budgeted expenses. public and interested persons may PART 923ÐSWEET CHERRIES Funds in the reserve will be kept within express their views at these meetings. GROWN IN DESIGNATED COUNTIES the maximum permitted by the order. The Department will evaluate IN WASHINGTON The Washington-Oregon Fresh Prune Committee recommendations and other Committee met on May 29, 1996, and available information to determine PART 924ÐFRESH PRUNES GROWN unanimously recommended 1996–97 whether modification of the assessment IN DESIGNATED COUNTIES IN expenditures of $6,645 and an rates are needed. Further rulemaking WASHINGTON AND IN UMATILLA assessment rate of $1.00 per ton of fresh will be undertaken as necessary. The COUNTY, OREGON prunes. In comparison, last year’s Committees’ 1996–97 budgets and those budgeted expenditures were $10,018. for subsequent fiscal periods will be Accordingly, the interim final rule The assessment rate recommended by reviewed and, as appropriate, approved amending 7 CFR parts 922, 923, and 924 the Committee was derived by dividing by the Department. which was published at 61 FR 40954 on anticipated expenses by expected After consideration of all relevant August 7, 1996, is adopted as a final shipments of fresh prunes grown in material presented, including the rule without change. designated counties in Washington and information and recommendation Dated: September 19, 1996. Umatilla County, Oregon. Fresh prune submitted by the Committees and other shipments for the year are estimated at available information, it is hereby found Robert C. Keeney, 2,700 tons which should provide $2,700 that this rule, as hereinafter set forth, Director, Fruit and Vegetable Division. in assessment income. Income derived will tend to effectuate the declared [FR Doc. 96–24504 Filed 9–24–96; 8:45 am] from handler assessments, along with policy of the Act. BILLING CODE 3410±02±P Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations 50231

7 CFR Part 948 in effect, Colorado potato handlers are The Colorado potato marketing order subject to assessments. Funds to provides authority for the Committee, [Docket No. FV96±948±2 FIR] administer the order are derived from with the approval of the Department, to Irish Potatoes Grown in Colorado; such assessments. It is intended that the formulate an annual budget of expenses Assessment Rate assessment rate as issued herein will be and collect assessments from handlers applicable to all assessable potatoes to administer the program. The AGENCY: Agricultural Marketing Service, beginning September 1, 1996, and members of the Committee are USDA. continuing until amended, suspended, producers and handlers of Colorado ACTION: Final rule. or terminated. This rule will not Area II potatoes. They are familiar with preempt any State or local laws, the Committee’s needs and with the SUMMARY: The Department of regulations, or policies, unless they costs for goods and services in their Agriculture (Department) is adopting as present an irreconcilable conflict with local area and are thus in a position to a final rule, without change, the this rule. formulate an appropriate budget and provisions of an interim final rule that The Act provides that administrative assessment rate. The assessment rate is established an assessment rate for the proceedings must be exhausted before formulated and discussed in a public Colorado Potato Administrative parties may file suit in court. Under meeting. Thus, all directly affected Committee, San Luis Valley Office (Area section 608c(15)(A) of the Act, any persons have an opportunity to II) (Committee) under Marketing Order handler subject to an order may file participate and provide input. No. 948 for the 1996–97 and subsequent with the Secretary a petition stating that In Colorado, both a State and a fiscal periods. The Committee is the order, any provision of the order, or Federal marketing order operate responsible for local administration of any obligation imposed in connection simultaneously. The State order the marketing order which regulates the with the order is not in accordance with authorizes promotion, including paid handling of Irish potatoes grown in law and request a modification of the advertising, which the Federal order Colorado. Authorization to assess potato order or to be exempted therefrom. Such does not. All expenses in this category handlers enables the Committee to incur handler is afforded the opportunity for are financed under the State order. The expenses that are reasonable and a hearing on the petition. After the jointly operated programs consume necessary to administer the program. hearing the Secretary would rule on the about equal administrative time and the EFFECTIVE DATE: Effective on September petition. The Act provides that the two orders continue to split 1, 1996. district court of the United States in any administrative costs equally. The Committee met on May 23, 1996, FOR FURTHER INFORMATION CONTACT: district in which the handler is an and unanimously recommended 1996– Martha Sue Clark, Program Assistant, inhabitant, or has his or her principal 97 expenditures of $60,999 and an place of business, has jurisdiction to Marketing Order Administration assessment rate of $0.0030 per review the Secretary’s ruling on the Branch, Fruit and Vegetable Division, hundredweight of potatoes. In petition, provided an action is filed not AMS, USDA, PO Box 96456, Room comparison, last year’s budgeted later than 20 days after the date of the 2525–S, Washington, DC 20090–6456, expenditures were $62,328. The telephone 202–720–9918; FAX 202- entry of the ruling. assessment rate of $0.0030 is the same 720–5698, or Dennis L. West, Marketing Pursuant to requirements set forth in as last year’s established rate. Major Specialist, Northwest Marketing Field the Regulatory flexibility Act (RFA), the expenditures recommended by the Office, Fruit and Vegetable Division, Agricultural Marketing Service (AMS) Committee for the 1996–97 year include AMS, USDA, Green-Wyatt Federal has considered the economic impact of $34,624 for salaries for the Executive Building, room 369, 1220 Southwest this rule on small entities. Director, Administrator, and Assistant Third Avenue, Portland, OR 97204, The purpose of the RFA is to fit Administrator, and $3,000 for utilities. telephone 503–326–2724; FAX 503– regulatory actions to the scale of Budgeted expenses for these items in 326–7440. Small businesses may request business subject to such actions in order 1995–96 were $36,978 and $3,000, information on compliance with this that small businesses will not be unduly respectively. regulation by contacting: Jay Guerber, or disproportionately burdened. The assessment rate recommended by Marketing Order Administration Marketing orders issued pursuant to the the Committee was derived by dividing Branch, Fruit and Vegetable Division, Act, and the rules issued thereunder, are anticipated expenses by expected AMS, USDA, PO Box 96456, room unique in that they are brought about shipments of Colorado area II potatoes. 2525–S, Washington DC 20090–6456, through group action of essentially Potato shipments for the year are telephone 202–720–2491; FAX 202- small entities acting on their own estimated at 16,500,000 hundredweight 720–5698. behalf. Thus, both statutes have small which should provide $49,500 in SUPPLEMENTARY INFORMATION: This rule entity orientation and compatibility. assessment income. Income derived is issued under Marketing Agreement There are approximately 285 from handler assessments, along with No. 97 and Order No. 948, both as producers of Colorado Area II potatoes funds from the Committee’s authorized amended (7 CFR part 948), regulating in the production area and reserve, will be adequate to cover the handling of Irish potatoes grown in approximately 118 handlers subject to budgeted expenses. Funds in the reserve Colorado, hereinafter referred to as the regulation under the marketing order. will be kept within the maximum ‘‘order.’’ The order is effective under the Small agricultural producers have been permitted by the order. Agricultural Marketing Agreement Act defined by the Small Business An interim final rule regarding this of 1937, as amended (7 U.S.C. 601–674), Administration (13 CFR 121.601) as action was published in the July 15, hereinafter referred to as the ‘‘Act.’’ those having annual receipts of less than 1996, issue of the Federal Register (61 The Department is issuing this rule in $500,000, and small agricultural service FR 36813). That interim final rule added conformance with Executive Order firms are defined as those whose annual § 948.216 to establish an assessment rate 12866. receipts are less than $5,000,000. The for the Committee. That rule provided This rule has been reviewed under majority of Colorado Area II potato that interested persons could file Executive Order 12988, Civil Justice producers and handlers may be comments through August 14, 1996. No Reform. Under the marketing order now classified as small entities. comments were received. 50232 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations

While this rule will impose some final rule was published on this action are available for inspection or copying additional costs on handlers, the costs and provided for a 30-day comment at the office of the Executive Secretary, are in the form of uniform assessments period, and no comments were received. Marine Safety Council (G–LRA, 3406), on all handlers. Some of the additional U.S. Coast Guard Headquarters, 2100 List of Subjects in 7 CFR Part 948 costs may be passed on to producers. Second Street SW., Washington, DC However, these costs will be offset by Marketing agreements, Potatoes, 20593–0001, between 8 a.m. and 3 p.m., the benefits derived by the operation of Reporting and recordkeeping Monday through Friday, except Federal the marketing order. Therefore, the AMS requirements. holidays. The telephone number is (202) has determined that this rule will not Note: This section will appear in the Code 267–1477. have a significant economic impact on of Federal Regulations. FOR FURTHER INFORMATION CONTACT: a substantial number of small entities. For the reasons set forth in the CDR Dennis Haise, Operating and The assessment rate established in preamble, 7 CFR part 948 is amended as Environmental Standards Division, this rule will continue in effect follows: Vessel and Facility Operating Standards indefinitely unless modified, Branch (202) 267–6451. suspended, or terminated by the PART 948ÐIRISH POTATOES GROWN Secretary upon recommendation and IN COLORADO SUPPLEMENTARY INFORMATION information submitted by the Regulatory History Committee or other available Accordingly, the interim final rule information. amending 7 CFR part 948 which was On January 17, 1996, the Coast Guard Although this assessment rate is published at 61 FR 36813 on July 15, published a notice of proposed effective for an indefinite period, the 1996, is adopted as a final rule without rulemaking entitled Advance Notice of Committee will continue to meet prior change. Arrivals, Departures, and Certain to or during each fiscal period to Dangerous Cargoes in the Federal Dated: September 19, 1996. Register (61 FR 1183). The Coast Guard recommend a budget of expenses and Robert C. Keeney, consider recommendations for received 5 letters commenting on the Director, Fruit and Vegetable Division. modification of the assessment rate. The proposal. No public meeting was dates and times of Committee meetings [FR Doc. 96–24503 Filed 9–24–96; 8:45 am] requested, and none was held. BILLING CODE 3410±02±P are available from the Committee or the Background and Purpose Department. Committee meetings are open to the public and interested The Ports and Waterways Safety Act persons may express their views at DEPARTMENT OF TRANSPORTATION of 1972 [86 Stat. 424], as amended by those meetings. The Department will the Port and Tanker Safety Act of 1978 evaluate Committee recommendations Coast Guard [92 Stat. 1271], authorizes the Secretary of the Department in which the Coast and other available information to 33 CFR Part 160 determine whether modification of the Guard is operating to require the receipt assessment rate is needed. Further [CGD 94±089] of notice from any vessel destined for or departing from a port or place under the rulemaking will be undertaken as RIN 2115±AF19 necessary. The Committee’s 1996–97 jurisdiction of the United States. This budget and those for subsequent fiscal Advance Notice of Arrivals, notice may include any information periods will be reviewed and, as Departures, and Certain Dangerous necessary for the control of the vessel appropriate, approved by the Cargoes and for the safety of the port or marine Department. environment. See 33 U.S.C. 1223; 33 After consideration of all relevant AGENCY: Coast Guard, DOT. CFR Part 160, Subpart C. In April, 1994, material presented, including the ACTION: Final Rule. the Coast Guard established its Port- information and recommendation State-Control Program (PSCP) to submitted by the Committee and other SUMMARY: The Coast Guard has eliminate substandard ships from U.S. available information, it is hereby found amended the requirements for notice of waters. It developed a comprehensive that this rule, as hereinafter set forth, arrival and departure by applying them risk-based targeting scheme to set will tend to effectuate the declared to vessels over 300 gross tons and boarding priorities and used funds policy of the Act. eliciting added information. In addition, provided in the Coast Guard’s 1994 Pursuant to 5 U.S.C. 553, it is also the Coast Guard amended the appropriations act for this purpose. See found and determined that good cause requirement for all foreign vessels, Senate Report Number 103–150. The exists for not postponing the effective regardless of the gross tonnage, to give primary factors used in determining date of this rule until 30 days after notice of arrival and departure which vessels to board are the vessel’s: publication in the Federal Register anywhere within the Seventh Coast flag, owner, operator, classification because: (1) The Committee needs to Guard District. These changes are (‘‘class’’) society, age, and operating have sufficient funds to pay its expenses necessary for the Coast Guard to history. The PSCP’s success hinges on which are incurred on a continuous implement more efficiently its programs the ability of the Coast Guard to identify basis; (2) the 1996–97 fiscal period for safety of vessels and for protection and examine those vessels that seem to began on September 1, 1996, and the of the marine environment. They should pose the greatest risks to life, property, marketing order requires that the rate of aid in the identification and elimination and the environment. By making vessels assessment for each fiscal period apply of substandard ships from U.S. waters, provide added information about arrival to all assessable potatoes handled improve emergency response, and and departure, field units of the Coast during such fiscal period; (3) handlers facilitate the enforcement of rules Guard will be able to efficiently target are aware of this action which was governing Certificates of Financial vessels and allocate inspection unanimously recommended by the Responsibility. resources. Committee at a public meeting and is EFFECTIVE DATE: October 25, 1996. Applying this rule to U.S. vessels as similar to other assessment rate actions ADDRESSES: Unless otherwise indicated, well will also help the Captain of the issued in past years; and (4) an interim documents referred to in this preamble Port (COTP) to effectively direct Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations 50233 inspection resources by applying similar premise that these vessels are normally greater burden on the industry as criteria to insure that the highest risk in a standby status and only get specific data would require more U.S. vessels are also inspected along underway for actual spill response frequent changes. with foreign vessels posing similar risks. operations or for training. The Coast One comment recommended adding As the Coast Guard continues Guard agrees with this position and has the intent to bunker to the notification enforcing financial responsibility for amended the rules to exclude OSRVs requirements. The Coast Guard water pollution under the Oil Pollution from all reporting requirements except disagrees. Although this has some merit, Act of 1990, it is important that only § 160.215 (Notice of Hazardous the COTP can require a 4 hour advance those vessels that have satisfactorily Condition). notice of transfer under 33 CFR demonstrated their ability to meet their One comment suggested that the rule 156.118(b) for lightering or fueling responsibility to the U.S. resulting from and the Port State Control Program operations if deemed necessary in a their discharge of oil or hazardous (PSCP) only focuses on foreign flag particular port. substances be permitted into U.S. vessels and therefore U.S. vessels Regulatory Evaluation waters. should be exempt. The Coast Guard A Certificate of Financial agrees that most of the emphasis for this This rule is not a significant Responsibility (COFR) is required of increase in reporting is because of PSCP regulatory action under section 3(f) of certain vessels over 300 gross tons, is and is directed at foreign flag vessels, Executive Order 12866 and does not issued by the Coast Guard, and however, U.S. vessels are also targeted require an assessment of potential costs documents a vessel’s compliance with for boarding based on their history of and benefits under section 6(a)(3) of that U.S. law on financial responsibility for performance. Part of the focus of this order. It has not been reviewed by the water pollution. The current threshold rulemaking is to allow the COTP to use Office of Management and Budget under of 1600 gross tons for notice means that this data to better direct the use of that order. It is not significant under the the Coast Guard gets no advance notice limited resources. The Coast Guard regulatory policies and procedures of of arrival for many vessels over 300 bears the responsibility to insure the Department of Transportation (DOT) gross tons required to carry COFRs. compliance with U.S. law by both [44 FR 11040 (February 26, 1979)]. The Reducing the tonnage threshold will foreign and domestic vessels. There are Coast Guard expects the economic enhance the ability of the COTP to provisions within the rule that permit impact of this rule to be so minimal that verify compliance by vessels over 300 vessels operating exclusively within a a full Regulatory Evaluation under gross tons with the requirements for the COTP zone or on a fixed schedule to paragraph 10(e) of the regulatory carriage of COFRs. forgo these requirements once the COTP policies and procedures of DOT is In 1989, because of the large number has been informed of their operations. unnecessary. of foreign vessels arriving at the port of One of the comments suggested that This rule, for the most part, would Miami without notice, in unsafe the applicability be changed to include incorporate into an established condition and without proper manning, those vessels of exactly 300 gross tons reporting regime what are becoming the Coast Guard amended 33 CFR Part and higher. The applicability in this customary procedures. The items made 160 so that all foreign vessels calling in rule mirrors that of the requirements for matters of notice are readily available to the zone of the COTP Miami had to give COFRs and, therefore, has not been those from whom we seek them. notice of arrival. changed. Modern electronic communication The COTP Miami runs a vigorous Another comment suggested that the simplifies their reporting. Some units of compliance program aimed at these low- rulemaking address tugs towing barges the Coast Guard already receive much of tonnage and often substandard ships. if the barge is over 300 gross tons with this information from the shipping However, vessel operators have been both the tug and barge being identified industry on a voluntary basis. able to avoid the stricter requirements in the reporting process. Barges are and potential enforcement of the COTP exempt from the notification process by Small Entities Miami by changing their ports of call to the nature of their trade and because of Under the Regulatory Flexibility Act other, nearby COTP zones (such as those the size of the U.S. barge fleet. The [5 U.S.C. 601 et seq.], the Coast Guard of Jacksonville, Savannah, Charleston, reporting of all tugs and barges would must consider whether this rule, if or Tampa). cause an excessive workload for both adopted, would have a significant To remove the incentive to avoid the Coast Guard and the industry. economic impact on a substantial scrutiny by the COTP Miami, and to However, a tug of over 300 gross tons on number of small entities. ‘‘Small improve the effectiveness of efforts by a voyage of 24 hours or more will still entities’’ may include (1) small the Seventh Coast Guard District to have to comply with the advance notice businesses and not-for-profit eliminate substandard ships from U.S. of arrival requirements. organizations that are independently waters, the requirement for notice of One comment suggested that owned and operated and are not arrival by all commercial non-public § 160.207(c)(8) be changed to ‘‘last port dominant in their fields and (2) foreign vessels needs expansion to cover of call’’ vice ‘‘Name of port or place of governmental jurisdictions with all COTP zones in the Seventh District. departure’’. The Coast Guard disagrees. populations of less than 50,000. The boundaries of the Seventh District This wording is explained in the Small businesses generally operate appear at 33 CFR 3.35–1(b); the District definitions section (§ 160.203) of the fewer vessels and would, therefore, have comprises South Carolina, Georgia, and regulations and is clear as written. fewer reports to make. As the notice can most of Florida, along with the island One comment addressed changing be spoken and need follow no particular possessions of the U.S. pertaining to § 160.207(c)(10) to read ‘‘Estimated date format, costs could be limited to those Puerto Rico and the Virgin Islands. and time of arrival in U.S. waters and of a brief telephone call. In the Seventh date and time of arrival at a specific Coast Guard District, all foreign vessels, Discussion of Comments and Changes berth or anchorage’’. The Coast Guard regardless of size, have had to give One comment was received disagrees. The requirement as written is notice since 1989, with no reported concerning the exemption of Oil Spill clear and provides adequate information economic impact. Recovery Vessels (OSRVs) from the to allow for directing resources. More In an effort to minimize the impacts requirements of this rule based on the specific information would only cause a of the reporting requirements, current 50234 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations

§ 160.201 already contains several § 160.201 Applicability and exceptions to used for the purposes of the 300-gross- exemptions from the reporting applicability. ton threshold. requirements. Notwithstanding the * * * * * * * * * * changes this rule would make to (b) This part does not apply to Operator means any person including, § 160.201(c)(1), these exemptions would recreational vessels under 46 U.S.C. but not limited to, an owner, a demise- remain. 4301 et seq. and, except § 160.215, does (bareboat-) charterer, or another Because it expects the impact of this not apply to: contractor who conducts, or is rule to be minimal, the Coast Guard (1) Passenger and supply vessels responsible for, the operation of a certifies under 5 U.S.C. 605(b) that this when they are employed in the vessel. rule, if adopted, would not have a exploration for or in the removal of oil, * * * * * significant economic impact on a gas, or mineral resources on the Public vessel means a vessel that is substantial number of small entities. continental shelf, and owned or demise- (bareboat-) chartered (2) Oil Spill Recovery Vessels Collection of Information by the government of the United States, (OSRVs) when engaged in actual spill by a State or local government, or by the This rule contains collection-of- response operations or during spill government of a foreign country and information requirements. The Coast response exercises. that is not engaged in commercial Guard has submitted the requirements (c) Section 160.207 does not apply to service. to the Office of Management and Budget the following: * * * * * (OMB) for review under section 3504(h) (1) Each vessel of 300 gross tons or 4. In § 160.207, paragraphs (c)(1) of the Paperwork Reduction Act (44 less, except a foreign vessel of 300 gross through (c)(5) are revised, and U.S.C. 3501 et seq.), and OMB has tons or less entering any port or place paragraphs (c) (6) through (11) are approved them. The section numbers in the Seventh Coast Guard District as added, to read as follows: are §§ 160.207, 160.211, and 160.213, described by 3.35–1(b) of this chapter. and the corresponding approval number * * * * * § 160.207 Notice of arrival: Vessels bound for ports or places in the United States. is OMB Control Number 2115–0557. (3) * * * (i) Name of the vessel; * * * * * Federalism (c) * * * (ii) Country of registry of the vessel; The Coast Guard has analyzed this (1) Name of the vessel; (iii) Call sign of the vessel; (2) Country of registry of the vessel; rule under the principles and criteria (iv) International Maritime (3) Call sign of the vessel; contained in Executive Order 12612 and Organization (IMO) international (4) International Maritime has determined that this rule does not number or, if the vessel does not have Organization (IMO) international have sufficient implications for an assigned IMO international number, number or, if the vessel does not have federalism to warrant the preparation of the official number of the vessel; an assigned IMO international number, a Federalism Assessment. (v) Name of the registered owner of the official number of the vessel; Environment the vessel; (5) Name of the registered owner of (vi) Name of the operator of the the vessel; The Coast Guard has considered the vessel; (6) Name of the operator of the vessel; environmental impact of this rule and (vii) Name of the classification society (7) Name of the classification society concluded that, under paragraph of the vessel; of the vessel; 2.B.2e(22) of Commandant Instruction (viii) Each port or place of (8) Name of the port or place of M16475.1B, this rule is categorically destination; departure; excluded from further environmental (ix) Estimated dates and times of (9) Name of the port or place of documentation. A Determination of arrivals at and departures from these destination; Categorical Exclusion is available in the ports or places; and (10) Estimated date and time of arrival docket for inspection or copying where (x) Name and telephone number of a at this port or place; and indicated under ADDRESSES. 24-hour point of contact. (11) Name and telephone number of a 24-hour point of contact. List of Subjects in 33 CFR Part 160 * * * * * 5. In § 160.211, paragraph (a) 3. In § 160.203, new definitions, for Administrative practice and introductory text and paragraphs (a) (1)– ‘‘gross tons’’ and ‘‘operator’’, are added procedure, Harbors, Hazardous (8) are revised and paragraphs (a) (9)– in alphabetical order, and the definition materials transportation, Marine safety, (16) are added to read as follows: for ‘‘public vessel’’ is revised, to read as Navigation (water), Reporting and follows: § 160.211 Notice of arrival: Vessels recordkeeping requirements, Vessels, carrying certain dangerous cargo. Waterways. § 160.203 Definitions. (a) The owner, agent, master, operator, For the reasons set out in the * * * * * or person in charge of a vessel, except preamble, the Coast Guard amends 33 Gross tons means the tonnage a barge, bound for a port or place in the CFR Part 160 as follows: determined by the tonnage authorities of United States and carrying certain 1. The authority citation for Part 160 a vessel’s flag state in accordance with dangerous cargo, shall notify the is revised to read as follows: the national tonnage rules in force Captain of the Port of the port or place before the entry into force of the Authority: 33 U.S.C. 1223, 1231; 49 CFR of destination at least 24 hours before 1.46. International Convention on Tonnage entering that port or place of the: Measurement of Ships, 1969 (1) Name of the vessel; 2. In 160.201, paragraphs (b), (c) (‘‘Convention’’). For a vessel measured (2) Country of registry of the vessel; introductory text, (c)(1), and (c)(3)(i) only under Annex I of the Convention, (3) Call sign of the vessel; through (c)(3)(iii) are revised, and gross tons means that tonnage. For a (4) International Maritime paragraphs (c)(3)(iv) through (c)(3)(x) vessel measured under both systems, Organization (IMO) international are added to read as follows: the higher gross tonnage is the tonnage number or, if the vessel does not have Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations 50235 an assigned IMO international number, (12) Name of each of the certain State Department of Ecology, P.O. Box the official number of the vessel; dangerous cargoes carried; 47600, Olympia, WA 98504–7600. (5) Name of the registered owner of (13) Amount of each of the certain FOR FURTHER INFORMATION CONTACT: the vessel; dangerous cargoes carried; Stephanie Cooper, Office of Air Quality, (6) Name of the operator of the vessel; (14) Stowage location of each of the (OAQ–107), 1200 6th Avenue, Seattle, (7) Name of the classification society certain dangerous cargoes carried; and WA 98101, (206) 553–6917. of the vessel; (15) Operational condition of the (8) Name of the port or place of equipment under § 164.35 of this SUPPLEMENTARY INFORMATION: departure; chapter. I. Clean Air Act Requirements (9) Name of the port or place of * * * * * The Clean Air Act, as amended in destination; (8) In § 160.213(b), paragraph (b) is 1990 (CAA or Act), requires States to (10) Estimated date and time of arrival amended by removing the reference make changes to improve existing I/M at this port or place; ‘‘(a)(7)’’ and add, in its place, the programs or implement new ones. (11) Name and telephone number of a references ‘‘(a)(4) and (a) (8) through Section 182(a)(2)(B) required any ozone 24-hour point of contact; (15)’’. (12) Location of the vessel at the time nonattainment area which has been of the report; Dated: September 17, 1996. classified as ‘‘marginal’’ (pursuant to (13) Name of each of the certain J.C. Card, section 181(a) of the Act) or worse with dangerous cargoes carried; Rear Admiral, U.S. Coast Guard, Chief, an existing I/M program that was part of (14) Amount of each of the certain Marine Safety and Environmental Protection. a SIP, or any area that was required by dangerous cargoes carried; [FR Doc. 96–24422 Filed 9–24–96; 8:45 am] the 1977 Amendments to the Act to (15) Stowage location of each of the BILLING CODE 4910±14±M have an I/M program, to immediately certain dangerous cargoes carried; and submit a SIP revision to bring the (16) Operational condition of the program up to the level required in past equipment under § 164.35 of this ENVIRONMENTAL PROTECTION EPA guidance or to what had been chapter. AGENCY committed to previously in the SIP, * * * * * whichever was more stringent. All 6. In § 160.211(b), paragraph (b) is 40 CFR Part 52 carbon monoxide nonattainment areas amended by removing the reference were also subject to this requirement to [WA43±7116; FRL±5608±7] ‘‘(a)(8)’’ and adding, in its place, the improve existing or previously required references ‘‘(a)(4) and (a)(8) through Approval and Promulgation of Air programs to this level. In addition, any (16)’’. Quality Implementation Plans; ozone nonattainment area classified as 7. In § 160.213, paragraph (a) Washington; Revision to the State moderate or worse must implement a introductory text and paragraphs (a) (1)– Implementation Plan Vehicle basic or an enhanced I/M program (7) are revised and paragraphs (a) (8)– Inspection and Maintenance Programs depending upon its classification, (15) are added to read as follows: regardless of previous requirements. AGENCY: Environmental Protection Congress directed the EPA in section § 160.213 Notice of departure: Vessels Agency (EPA). carrying certain dangerous cargo. 182(a)(2)(B) to publish updated ACTION: Final rule. guidance for State I/M programs, taking (a) The owner, agent, master, operator, into consideration findings of the or person in charge of a vessel, except SUMMARY: In this action, EPA is Administrator’s audits and a barge, departing from a port or place approving the Inspection and investigations of these programs. The in the United States for any other port Maintenance (I/M) State States were to incorporate this guidance or place and carrying certain dangerous Implementation Plan (SIP), for into the SIP for all areas required by the cargo, shall notify the Captain of the Washington State. On August 21, 1995, Act to have an I/M program. Ozone Port or place of departure at least 24 Washington submitted SIP revision nonattainment areas classified as hours before departing, unless this requests to the EPA to satisfy the ‘‘serious’’ or worse with populations of notification was made within 2 hours requirements of sections 182(b)(4) and 200,000 or more, and CO nonattainment after the vessel’s arrival, of the: 182(c)(3) of the Clean Air Act, (1990) areas with design values above 12.7 (1) Name of the vessel; and Federal I/M rule 40 CFR part 51, ppm and populations of 200,000 or (2) Country of registry of the vessel; subpart S. These SIP revisions will more, and metropolitan statistical areas (3) Call sign of the vessel; require vehicle owners to comply with (4) International Maritime with populations of 100,000 or more in the Washington I/M program in the two the northeast ozone transport region, Organization (IMO) international Washington ozone nonattainment areas number or, if the vessel does not have were required to meet EPA guidance for classified as ‘‘marginal’’ and in the three enhanced I/M programs. an assigned IMO international number, carbon monoxide nonattainment areas the official number of the vessel; The EPA has designated two areas as classified as ‘‘moderate’’. This revision ozone nonattainment in the State of (5) Name of the registered owner of applies to the Washington counties of the vessel; Washington. The Puget Sound ozone Clark, King, Pierce, Snohomish, and nonattainment area is classified as (6) Name of the operator of the vessel; Spokane. (7) Name of the classification society marginal and contains King, Pierce, and of the vessel; EFFECTIVE DATE: This rule is effective as Snohomish counties. The Vancouver (8) Name of the port or place of of September 25, 1996. Air Quality Maintenance Area is departure; ADDRESSES: Copies of material classified as marginal and contains (9) Name of the port or place of submitted to EPA may be examined Clark county. Additionally, three areas destination; during normal business hours at the in Washington state are designated as (10) Estimated date and time of arrival following locations: EPA, Region 10, CO nonattainment areas. Both the at this port or place; Office of Air Quality, 1200 Sixth Spokane Carbon Monoxide (11) Name and telephone number of a Avenue (OAQ–107), Seattle, Nonattainment area (Spokane County) 24-hour point of contact; Washington 98101, and the Washington and the Puget Sound Carbon Monoxide 50236 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations

Nonattainment area (King, Pierce, and centralized, test only, biennial program discriminates against the Federal portions of Snohomish Counties) have meets the requirements of EPA’s low government or that the fee of $12 is design values greater than 12.7 ppm and enhanced performance standard and impermissibly high. The Ecology are designated as ‘‘moderate plus’’. The other requirements contained in the regulations at WAC 173–422–160 Vancouver Air Quality Maintenance Federal I/M rule in the applicable establish requirements for all fleet Area is a ‘‘moderate’’ carbon monoxide nonattainment counties. Testing will be operators, including the requirement for nonattainment area, with a design value overseen by the Washington State fleet operators to submit certificate below 12.7 ppm. The central Puget Department of Ecology and its I/M forms of emission self-testing for each Sound has an urbanized area population contractor, Systems Control. Other vehicle, at a cost of $12 for each of 1,793,612, and Spokane has an aspects of the Washington I/M program certificate. The regulation specifically urbanized area population of 266,709. include: testing of 1968 and later light waives the payment for fleet forms only Based on these nonattainment duty vehicles and trucks and heavy duty for state and local government fleets. designations and populations, a basic I/ trucks, a test fee to ensure the State has The EPA interprets section 118 of the M program is required in the Vancouver adequate resources to implement the CAA requirement that Federal agencies and Puget Sound ozone nonattainment program, enforcement by registration comply with air pollution requirements area, while enhanced I/M programs are denial, a repair effectiveness program, ‘‘in the same manner and to the same required in the Puget Sound and contractual requirements for testing extent as any nongovernmental entity’’ Spokane carbon monoxide convenience, quality assurance, data to mean that Federal entities must nonattainment areas. collection, reporting, test equipment comply with any air pollution rule By this action, the EPA is approving and test procedure specifications, public established under the Act to no less an the submittal of the Washington I/M information and consumer protection, extent than nongovernmental entities. In SIP. The EPA has reviewed the State and inspector training and certification. this case, the state regulation applies to submittal against the statutory In addition, the low enhanced I/M all fleet operators, both governmental requirements and for consistency with programs will include: a two-speed and nongovernmental, and waives the the EPA regulations. A summary of the (2500 and idle) test or a loaded idle test, fee requirement only for state and local EPA’s analysis is provided below. In and a program to evaluate on-road governments. Therefore, the EPA views addition, a history and a summary to testing. An analysis of how the the state as requiring payment of fees by support approval of the State submittal Washington I/M program meets the Federal entities in the same manner as is contained in a TSD, dated May 10, EPA’s I/M regulation was provided in nongovernmental entities. The EPA 1996, which is available from the 61 FR 38086, published on July 23, believes that Congress has consented to Region 10 Office (address provided 1996. the imposition of the state fees on above). The criteria used to review the Federal entities in a situation such as submitted SIP revision are based on the this by enacting section 118 of the CAA. II. I/M Regulation General SIP requirements stated in Section 182 of In addition, EPA notes that this is Submittal Requirements the CAA and the most recent Federal I/ consistent with the result in U.S. v. The original I/M regulation was M regulations (September 18, 1995). South Coast Air Quality Management codified at 40 CFR part 51, Subpart S, EPA has reviewed the Washington I/M District, 748 F.Supp. 732 (C.D. Calif. and required States to submit an I/M SIP SIP revision. The Washington 1990), where the Court wrote that a state revision which includes all necessary regulations and accompanying materials permit fee requirement applying to both legal authority and the items specified contained in the SIP represent an Federal and private entities that in 40 CFR 51.372 (a)(1) through (a)(8) by acceptable approach to the I/M exempts local and state government November 15, 1993. On September 18, requirements and meet the criteria agencies is consistent with section 118 1995, the EPA published a final required for approvability. of the CAA. regulation establishing the ‘‘low Under section 118(a) of the CAA, a IV. Response to Comments enhanced’’ I/M requirements, pursuant Federal entity is required to comply to section 182 and 187 of the Act (40 Comment: One commenter, which is with ‘‘any requirement to pay a fee or CFR part 51). These low enhanced I/M an entity of the Federal government, charge imposed by a State or local requirements superseded the former objected to an aspect of the I/M program agency to defray the costs of its air enhanced I/M requirements. The State regarding emission inspections by fleet pollution regulatory program.’’ The fee has met the low enhanced I/M operators. Operators who chose to of $12 per vehicle has been established requirements established by the utilize the fleet vehicle self-testing by Ecology under the authority of RCW September 18, 1995 rulemaking. program must purchase certificate forms 70.120.170(4), which requires Ecology by paying a fee of $12 per vehicle. The to set fees at an amount ‘‘required to (i) III. State Submittal state regulation that establishes vehicle compensate the contractor or inspection On August 21, 1995, the State of testing requirements at WAC § 173–422– facility owner, and (ii) offset the general Washington submitted the I/M SIP for 160 waives the payment of fees for state fund appropriate to the department to its five carbon monoxide and ozone and local government fleets. The cover the administrative costs of the nonattainment areas. Public hearings for Federal entity commented that the state motor vehicle emission inspection the submittal were held in Vancouver, requirements are impermissibly program.’’ Ecology has written that it Bellevue, and Spokane on June 6, 7, and discriminatory and an unconstitutional established fleet self-testing fees to 8, 1995, respectively. tax of the Federal government by the recoup the costs associated with The submittals provide for the state. The commenter also wrote that the implementing the emission testing continued implementation of I/M $12 fee per vehicle certificate is program, including the cost of programs in the Puget Sound, Spokane, impermissible because the fee exceeds equipment audits, travel expenses, and Vancouver areas. Inspection and the state’s administrative costs. training and continued education, Maintenance programs have been Response: The EPA does not agree printing and storing of forms, and the running in the Puget Sound area since that the state fee structure which certification of the self-testing fleet 1982, in Spokane since 1985, and in requires payment of a fee by Federal inspection personnel. The commenter Vancouver since 1993. Washington’s fleet operators impermissibly has not submitted any data to indicate Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations 50237 that the fee of $12 per vehicle is discontinue implementation of the 246, 256–66 (S.Ct. 1976); 42 U.S.C. unreasonable and EPA concludes that oxygenated fuel program in the Seattle- 7410(a)(2). on its face the fee does not appear to be Tacoma-Everett Consolidated Redesignation of an area to attainment unreasonable. EPA is approving the fee Metropolitan Statistical Area (CMSA) under section 107(d)(3)(E) of the CAA structure because the State has once approval of the carbon monoxide does not impose any new requirements established the fee consistent with the maintenance plan becomes effective. As on small entities. Redesignation is an CAA and state law. Under section much time as possible needs to be action that affects the status of a 110(k)(3) of the CAA, EPA must approve provided for State and local air geographical area and does not impose any SIP revision submitted by a state authorities to notify fuel distributors so any regulatory requirements on sources. that meets all of the applicable that distribution plans can be modified I certify that the approval of the requirements of the Act. in response to these changes. redesignation request will not affect a Comment: One Federal government Nothing in this action should be substantial number of small entities. entity commented that Ecology is construed as permitting or allowing or C. Unfunded Mandates improperly requiring annual inspection establishing a precedent for any future of its fleet. request for revision to any SIP. Each Under Section 202 of the Unfunded Response: Legislation enacted by the request for revision to the SIP shall be Mandates Reform Act of 1995 State of Washington at RCW considered separately in light of specific (‘‘Unfunded Mandates Act’’), signed 70.120.170(5) requires ‘‘all units of local technical, economic and environmental into law on March 22, 1995, EPA must government and agencies of the state’’ to factors and in relation to relevant prepare a budgetary impact statement to test the emissions of their vehicles statutory and regulatory requirements. accompany any proposed or final rule annually. In discussions with the that includes a Federal mandate that Ecology about this comment, Ecology VI. Administrative Requirements may result in estimated costs to State, has agreed that Federal entities are not A. Executive Order 12866 local, or tribal governments in the subject to this requirement, and need aggregate; or to the private sector, of only meet the requirement to test This action has been classified as a $100 million or more. Under Section emissions biennially, as required by Table 3 action for signature by the 205, EPA must select the most cost- RCW 70.120.170(1). Regional Administrator under the effective and least burdensome procedures published in the Federal V. Today’s Action alternative that achieves the objectives Register on January 19, 1989 (54 FR of the rule and is consistent with The EPA is approving the Washington 2214–2225), as revised by a July 10, statutory requirements. Section 203 I/M SIP as meeting the requirements of 1995 memorandum from Mary Nichols, requires EPA to establish a plan for the CAA and the Federal I/M rule. All Assistant Administrator for Air and informing and advising any small required SIP items have been adequately Radiation. The Office of Management governments that may be significantly addressed as discussed in this Federal and Budget (OMB) has exempted this or uniquely impacted by the rule. Register action. regulatory action from E.O. 12866 EPA has determined that the approval Pursuant to Section 553(d)(3) of the review. action promulgated does not include a Administrative Procedures Act (APA), B. Regulatory Flexibility Act Federal mandate that may result in this final notice is effective upon the estimated costs of $100 million or more date of publication in the Federal Under the Regulatory Flexibility Act, to either State, local, or tribal Register. Section 553(d)(3) of the APA 5 U.S.C. 600 et seq., EPA must prepare governments in the aggregate, or to the allows EPA to waive the requirement a regulatory flexibility analysis private sector. This Federal action that a rule be published 30 days before assessing the impact of any proposed or approves pre-existing requirements the effective date if EPA determines final rule on small entities. 5 U.S.C. 603 under State or local law, and imposes there is ‘‘good cause’’ and publishes the and 604. Alternatively, EPA may certify no new Federal requirements. grounds for such a finding with the rule. that the rule will not have a significant Accordingly, no additional costs to Under section 553(d)(3), EPA must impact on a substantial number of small State, local, or tribal governments, or to balance the necessity for immediate entities. Small entities include small the private sector, result from this federal enforceability of these SIP businesses, small not-for-profit action. revisions against principles of enterprises, and government entities fundamental fairness which require that with jurisdiction over populations of D. Submission to Congress and the all affected persons be afforded a less than 50,000. General Accounting Office reasonable time to prepare for the SIP approvals under section 110 and Under 5 U.S.C. 801(a)(1)(A) as added effective date of a new rule. United subchapter I, Part D of the CAA do not by the Small Business Regulatory States v. Gavrilovic, 551 F 2d 1099, create any new requirements, but Enforcement Fairness Act of 1996, EPA 1105 (8th Cir., 1977). The purpose of the simply approve requirements that the submitted a report containing this rule requirement for a rule to be published state is already imposing. Therefore, and other required information to the 30 days before the effective date of the because the federal SIP-approval does U.S. Senate, the U.S. House of rule is to give all affected persons a not impose any new requirements, I Representatives and the Comptroller reasonable time to prepare for the certify that it does not have a significant General of the General Accounting effective date of a new rule. impact on any small entities affected. Office prior to publication of the rule in EPA is making this rule effective upon Moreover, due to the nature of the today’s Federal Register. This rule is September 25, 1996 to provide federal-state relationship under the not a ‘‘major rule’’ as defined by 5 necessary rulemaking for the CAA, preparation of a regulatory U.S.C. 804(2). forthcoming Puget Sound Ozone and flexibility analysis would constitute Carbon Monoxide Redesignations. The federal inquiry into the economic E. Petitions for Judicial Review State relies on the existence of an reasonableness of state action. The CAA Under section 307(b)(1) of the Clean approved I/M program as part of the forbids EPA to base its actions Air Act, petitions for judicial review of carbon monoxide maintenance concerning SIPs on such grounds. this action must be filed in the United demonstration. The WDOE will Union Electric Co. v. E.P.A., 427 U.S. States Court of Appeals for the 50238 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations appropriate circuit by November 25, and ‘‘Tools and Resources’’ table dated List of Subjects 1996. Filing a petition for May 10, 1996. 40 CFR Part 52 reconsideration by the Administrator of [FR Doc. 96–24523 Filed 9–24–96; 8:45 am] this final rule does not affect the finality Environmental protection, Air BILLING CODE 6560±50±P of this rule for the purposes of judicial pollution control, Hydrocarbons, review nor does it extend the time Incorporation by reference, within which a petition for judicial 40 CFR Parts 52 and 81 Intergovernmental regulations, Ozone, review may be filed and shall not Reporting and recordkeeping, and postpone the effectiveness of such rule [LA±34±1±7300; FRL±5615±1] Volatile organic compounds. or action. This action may not be Approval and Promulgation of 40 CFR Part 81 challenged later in proceedings to Implementation Plans and Designation enforce its requirements. (See section Air pollution control, Designation of of Areas for Air Quality Planning 307(b)(2), 42 U.S.C. 7607(b)(2). areas for air quality planning purposes. Purposes; State of Louisiana; List of Subjects in 40 CFR Part 52 Correction of Classification; Approval Authority: 42 U.S.C. 7401–7671q. of the Maintenance Plan; Therefore, the final rule appearing at Environmental protection, Air Redesignation of Pointe Coupee 61 FR 37833, July 22, 1996, which was pollution control, Carbon monoxide, Parish to Attainment for Ozone to become effective September 20, 1996, Hydrocarbons, Incorporation by is withdrawn. reference, Nitrogen dioxide, Ozone, AGENCY: Environmental Protection Volatile organic compounds. Agency (EPA). Dated: September 18, 1996. Carol M. Browner, Note: Incorporation by reference of the ACTION: Withdrawal of final rule. Implementation Plan for the State of Administrator. SUMMARY: The EPA published without Washington was approved by the Director of [FR Doc. 96–24522 Filed 9–20–96; 9:44 am] the Office of Federal Register on July 1, 1982. prior proposal a Federal Register notice BILLING CODE 6560±50±P approving a request from the State of Dated: September 6, 1996. Louisiana to remove Pointe Coupee Chuck Clarke, Parish, Louisiana, from the Baton Rouge 40 CFR PART 261 Regional Administrator. serious ozone nonattainment area, to [SW±FRL±5615±5] PART 52Ð[AMENDED] reclassify the parish from serious to marginal, and to redesignate it to Hazardous Waste Management Part 52, chapter I, title 40 of the Code attainment for ozone. The direct final System; Identification and Listing of of Federal Regulations is amended as approval was published on July 22, Hazardous Waste; Final Exclusion follows: 1996 (61 FR 37833). The EPA subsequently received AGENCY: Environmental Protection 1. The authority citation for Part 52 adverse comments on the action. Agency. continues to read as follows: Accordingly, the EPA is withdrawing its ACTION: Final rule. Authority: 42 U.S.C. 7401–7671q. direct final approval. All public comments received will be addressed in SUMMARY: The Environmental Protection Subpart WWÐWashington a subsequent final rule. Agency (EPA) is granting a petition EFFECTIVE DATE: This withdrawal is submitted by the Texas Eastman 2. Section 52.2470 is amended by effective on September 25, 1996. Division of Eastman Chemical Company adding paragraph (c)(61) to read as (Texas Eastman) to exclude from follows: ADDRESSES: Copies of the State’s petition and other information relevant hazardous waste control (or delist), § 52.2470 Identification of plan. to this action are available for certain solid wastes. The wastes being * * * * * inspection during normal hours at the delisted consists of ash generated from the incineration of waste water (c) * * * following locations: Environmental Protection Agency, treatment sludge at its facility. This (61) SIP revisions received from Region 6, Air Planning Section (6PD– action responds to Texas Eastman’s WDOE on August 21, 1995, requiring L), 1445 Ross Avenue, Suite 700, petition to delist these wastes on a vehicle owners to comply with its I/M Dallas, Texas 75202–2733. ‘‘generator specific’’ basis from the lists program in the two Washington ozone Air and Radiation Docket and of hazardous wastes. After careful nonattainment areas classified as Information Center, Environmental analysis, EPA has concluded that the ‘‘marginal’’ and in the three carbon Protection Agency, 401 M Street, petitioned waste is not hazardous waste monoxide nonattainment areas S.W., Washington, D.C. 20460. when disposed of in Subtitle D landfills. classified as ‘‘moderate’’. This revision Louisiana Department of Environmental This exclusion applies only to the applies to the Washington counties of Quality, Office of Air Quality, 7290 fluidized bed incinerator (FBI) ash Clark, King, Pierce, Snohomish, and Bluebonnet Boulevard, Baton Rouge, generated at Texas Eastman’s Longview, Spokane. Louisiana 70810. Texas, facility. Accordingly, this final (i) Incorporation by reference. Anyone wishing to review this rule excludes the petitioned waste from (A) July 26, 1995 letter from Director petition at the EPA office is asked to the requirements of hazardous waste of WDOE to the Regional Administrator contact the person below to schedule an regulations under the Resource of EPA submitting revisions to WDOE’s appointment 24 hours in advance. Conservation and Recovery Act (RCRA) SIP consisting of the July 1995 FOR FURTHER INFORMATION CONTACT: Lt. when disposed of in Subtitle D landfills. Washington State Implementation Plan Mick Cote, Air Planning Section (6PD– EFFECTIVE DATE: September 25, 1996. for the Motor Vehicle Inspection and L), Environmental Protection Agency, ADDRESSES: The public docket for this Maintenance Program (including Region 6, 1445 Ross Avenue, Dallas, final rule is located at the Appendices A through F), adopted Texas 75202–2733, telephone (214) Environmental Protection Agency, August 1, 1995, and a supplement letter 665–7219. Region 6, 1445 Ross Avenue, Dallas, Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations 50239

Texas 75202, and is available for petition the Administrator to exclude a II. Disposition of Delisting Petition viewing in the EPA library on the 12th waste on a ‘‘generator-specific’’ basis floor from 9:00 a.m. to 4:00 p.m., from the hazardous waste lists. Eastman Chemical Company—Texas Monday through Friday, excluding Petitioners must provide sufficient Eastman Division, Longview, Texas, Federal holidays. Call (214) 665–6444 information to allow EPA to determine 75607 for appointments. The reference number that the waste to be excluded does not A. Proposed Exclusion for this docket is ‘‘F–96–TXDEL- meet any of the criteria under which the TXEASTMAN.’’ The public may copy waste was listed as a hazardous waste. Texas Eastman petitioned EPA to material from any regulatory docket at In addition, the Administrator must exclude from the lists of hazardous no cost for the first 100 pages, and at determine, where he/she has a wastes contained in 40 CFR 261.31 and $0.15 per page for additional copies. reasonable basis to believe that factors 261.32, an annual volume of ash FOR FURTHER INFORMATION, CONTACT: For (including additional constituents) other generated from incineration of sludge technical information concerning this than those for which the waste was from its wastewater treatment plant. notice, contact Michelle Peace, Delisting listed could cause the waste to be a Specifically, in its petition, Texas Program (6PD-O), Region 6, hazardous waste, that such factors do Eastman requested that EPA grant a Environmental Protection Agency, 1445 not warrant retaining the waste as a standard exclusion for 7,000 cubic yards Ross Avenue, Dallas, Texas 75202, (214) hazardous waste. of incinerator ash generated per 665–7430. B. History of this Rulemaking calendar year. The FBI ash is listed for SUPPLEMENTARY INFORMATION: Texas Eastman petitioned EPA to 56 EPA Hazardous Waste Numbers due to the ‘‘derived-from’’ and mixture I. Background exclude from hazardous waste control the ash produced from the incineration rules. The waste is listed as D001, D003, A. Authority of sludge from their waste water D018, D019, D021, D022, D027, D028, Under 40 CFR 260.20 and 260.22, treatment plant. The ash is currently D029, D030, D032, D033, D034, D035, facilities may petition EPA to remove disposed in an on-site hazardous waste D036, D038, D039, D040, F001, F003, their wastes from hazardous waste landfill at Texas Eastman in Longview, F005, K009, K010, U001, U002, U003, control by excluding them from the lists Texas. After evaluating the petition, U019, U028, U031, U037, U044, U056, of hazardous wastes contained in EPA proposed, on June 25, 1996, to U069, U070, U107, U108, U112, U113, §§ 261.31 and 261.32. Specifically, exclude Texas Eastman’s waste from the U115, U117, U122, U140, U147, U151, § 260.20 allows any person to petition lists of hazardous waste under §§ 261.31 U154, U159, U161, U169, U190, U196, the Administrator to modify or revoke and 261.32. See 61 FR 32753. This U211, U213, U226, U239, and U359. any provision of parts 260 through 265 rulemaking addresses public comments The listed constituents of concern for and 268 of Title 40 of the Code of received on the proposal and finalizes these EPA Hazardous Waste Numbers Federal Regulations; and § 260.22 the proposed decision to grant Texas are shown in Table 1. See, part 261, provides generators the opportunity to Eastman’s petition. Appendix VII.

TABLE 1.ÐHAZARDOUS WASTE CODES ASSOCIATED WITH WASTEWATER STREAMS

Waste code Basis for characteristic/listing

D001 ...... Ignitability. D003 ...... Reactivity. D018 ...... Benzene. D019 ...... Carbon Tetrachloride. D021 ...... Chlorobenzene. D022 ...... Chloroform. D027 ...... 1,4±Dichlorobenzene. D028 ...... 1,2±Dichloroethane. D029 ...... 1,1±Dichloroethylene. D030 ...... 2,4±Dinitrotoluene. D032 ...... Hexaclorobenzene. D033 ...... Hexachlorobutadiene. D034 ...... Hexachloroethane. D035 ...... Methyl ethyl ketone. D036 ...... Nitrobenzene. D038 ...... Pyridine. D039 ...... Tetrachloroethylene. D040 ...... Trichloroethylene. F001 ...... Tetrachloroethylene, methylene chloride, Trichloroethylene, 1,1,1-trichloroethane, carbon tetrachloride, chlorinated fluorocarbons. F002 ...... Tetrachloroethylene, methylene chloride, Trichloroethylene, 1,1,1-trichloroethane, 1,1,2-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2 trichfluoroethane, ortho-dichlorobenzene, trichlorofluoromethane. F003 ...... Not applicable, waste is hazardous because it fails the test for characteristics of ignitability, corrosivity, or reactiv- ity. F005 ...... Toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, 2-ethoxyethanol, benzene, 2-nitropropane. K009 ...... Chloroform, formaldehyde, methylene chloride, methyl chloride, paraldehyde, formic acid. K010 ...... Chloroform, formaldehyde, methylene chloride, methyl chloride, paraldehyde, formic acid, chloroacetaldehyde. U001 ...... Acetaldehyde. U002 ...... Acetone. U003 ...... Acetonitrile. U019 ...... Benzene. U028 ...... Benzenetrichloride. 50240 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations

TABLE 1.ÐHAZARDOUS WASTE CODES ASSOCIATED WITH WASTEWATER STREAMSÐContinued

Waste code Basis for characteristic/listing

U031 ...... n-Butyl alcohol. U037 ...... Chlorobenzene. U044 ...... Chloroform. U056 ...... Cyclohexane. U069 ...... Dibutyl phthlate. U070 ...... o-Dichlorobenzene. U107 ...... Di-n-octyl-phthlate. U108 ...... 1,4-Diethyleneoxide. U112 ...... Ethyl acetate. U113 ...... Ethyl acrylate. U115 ...... Ethlene oxide. U117 ...... Ethyl ether. U122 ...... Formaldehyde. U140 ...... Isobutyl alcohol. U147 ...... Maleic anhydride. U151 ...... Mercury. U154 ...... Methanol. U159 ...... Methyl ethyl ketone. U161 ...... Methyl isobutyl ketone. U169 ...... Nitrobenzene. U190 ...... Phthalic anhydride. U196 ...... Pyridine. U211 ...... Carbon Tetrachloride. U213 ...... Tetrahydrofuran. U226 ...... 1,1,1±Trichloroethane (methyl chloroform). U239 ...... Xylene. U359 ...... Ethylene glycol monoethyl ether.

Texas Eastman petitioned EPA to Method 1330) for antimony, arsenic, slight modifications to the proposed exclude this annual volume of FBI ash barium, beryllium, cadmium, language for the testing conditions because it does not believe that the chromium, cobalt, copper, lead, detailed in the regulatory exclusion. waste meets the criteria for which it was mercury, nickel, selenium, silver, Specifically, Texas Eastman would like listed. Texas Eastman also believes that thallium, tin, vanadium, and zinc from paragraph 5 of the verification testing the waste does not contain any other representative samples of the waste; (5) conditions revised so the data submittal constituents that would render it test results from the total constituent for the initial testing will occur 90 days hazardous. Review of this petition analyses for dioxins/furans from after the receipt of the validated included consideration of the original representative samples of the waste; (6) analytical results instead of 90 days listing criteria, as well as the additional results from total oil and grease analyses after the incineration of the wastewater factors required by the HSWA of 1984. from representative samples of the treatment sludge as stated in the See, section 222 of HSWA, 42 U.S.C. waste; (7) test results and information proposed rule. Texas Eastman also 6921(f), and 40 CFR 260.22(d)(2)–(4). regarding the hazardous characteristics expressed concerns regarding the In support of its petition, which of ignitability, corrosivity, and delisting levels of several constituents, included the sampling and analysis plan reactivity; (8) results from total benzo(a)pyrene, benzo(a) anthracene, and ground water monitoring data from constituent and TCLP analyses for 40 benzo(b)fluoranthene, 1,4-dioxane, and the landfill, Texas Eastman submitted: CFR Part 264 Appendix IX volatile and methylene chloride. Texas Eastman (1) Descriptions of its wastewater semi-volatile organic compounds from states that the delisting levels are treatment processes and the incineration representative samples of the waste; and significantly lower than the Practical activities associated with the petitioned (9) results from the Land Disposal Quantitation Limits (PQLs) for the waste; (2) results from total constituent Restriction Analysis performed on the methods commonly used to analyze analyses for the Toxicity Characteristic untreated ash. Texas Eastman also these constituents and that the delisting (TC) metals listed in § 261.24 (i.e., the provided total constituent analyses and level for methylene chloride, does not TC metals) antimony, arsenic, barium, for the biological treatment sludge, account for the fact that it is a common beryllium, cadmium, chromium, cobalt, scrubber water blowdown, influent laboratory contaminant. copper, lead, mercury, nickel, selenium, wastewater and waste liquid fuel Response: The EPA will revise the silver, thallium, tin, vanadium, and zinc associated with the generation of the verification testing condition language from representative samples of the FBI ash. in paragraph as suggested by Texas waste; (3) results from the Toxicity Eastman to account for laboratory Characteristic Leaching Procedure B. Summary of Response to Comments analysis time, validation, and (TCLP), (SW–846 Method 1311) for the The EPA received public comment on compilation of the data collected. The TC metals antimony, arsenic, barium, the June 25, 1996, proposal from one EPA recognizes that determination of beryllium, cadmium, chromium, cobalt, interested party, Texas Eastman. The some organic constituents using SW– copper, lead, mercury, nickel, selenium, commenter provided a variety of 846 analytical methods may be difficult. silver, thallium, tin, vanadium, and zinc clarifications and corrections, primarily However, delisting levels for the from representative samples of the for the record, on various items and leachable organic concentrations are not waste; (4) results from the Multiple details addressed in the proposed rule. set at PQLs, because PQLs are matrix Extraction Procedure (MEP), (SW–846 The commenter also recommended dependent. The EPA understands that Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations 50241 using current analytical methodologies, exclusion from taking effect in the State. agency is required to publish a general Texas Eastman may not be able to obtain Because a petitioner’s waste may be notice of rulemaking for any proposed quantitation levels for some of the regulated under a dual system (i.e., both or final rule, it must prepare and make constituents below the delisting levels Federal (RCRA) and State (non-RCRA) available for public comment a set in paragraph 1 (B). For these programs), petitioners are urged to regulatory flexibility analysis that constituents, EPA will accept data that contact the State regulatory authority to describes the impact of the rule on small are reported as ‘‘not detected’’ or ‘‘below determine the current status of their entities (i.e., small businesses, small the detection limit’’ as long as an wastes under the State law. organizations, and small governmental appropriate analytical method is used, Furthermore, some States (e.g., jurisdictions). No regulatory flexibility the detection limit reported is Louisiana, Georgia, Illinois) are analysis is required, however, if the reasonable for the analyzed matrix, and authorized to administer a delisting Administrator or delegated that all of the required Quality program in lieu of the Federal program, representative certifies that the rule will Assurance/Quality Control information i.e., to make their own delisting not have any impact on any small is provided and is determined to be decisions. Therefore, this exclusion entities. adequate. In the case for methylene does not apply in those authorized This rule, if promulgated, will not chloride, EPA can not allow the States. If the petitioned waste will be have any adverse economic impact on concentration of any constituent transported to and managed in any State any small entities since its effect would detected in the waste to exceed the with delisting authorization, Texas be to reduce the overall costs of EPA’s maximum allowable leachate Eastman must obtain delisting hazardous waste regulations and would concentration, even common laboratory authorization from that State before the be limited to one facility. Accordingly, contaminants. The health-based level waste can be managed as non-hazardous I hereby certify that this proposed for methylene chloride is 1.0 × 10¥2 mg/ in the State. regulation, if promulgated, will not have l, so the maximum allowable leachate a significant economic impact on a IV. Effective Date concentration is 0.45, using the dilution substantial number of small entities. attenuation factor of 45. In the This rule is effective September 25, This regulation, therefore, does not information provided to support the 1996. The Hazardous and Solid Waste require a regulatory flexibility analysis. Amendments of 1984 amended Section Texas Eastman petition, methylene VII. Paperwork Reduction Act chloride did not appear at 3010 of RCRA to allow rules to become concentrations above the delisting level effective in less than six months when Information collection and in the leachate samples of the waste. the regulated community does not need recordkeeping requirements associated the six-month period to come into with this proposed rule have been C. Final Agency Decision compliance. That is the case here approved by OMB under the provisions For reasons stated in both the because this rule reduces, rather than of the Paperwork Reduction Act of 1980 proposal and this notice, EPA believes increases, the existing requirements for (Pub. L. 96–511, 44 U.S.C. 3501 et seq.) that Texas Eastman’s FBI ash should be persons generating hazardous wastes. and have been assigned OMB Control excluded from hazardous waste control. These reasons also provide a basis for Number 2050–0053. The EPA, therefore, is granting a final making this rule effective immediately, VIII. Unfunded Mandates Reform Act exclusion to Eastman Chemical upon publication, under the Company-Texas Eastman Division, Administrative Procedure Act, pursuant Under section 202 of the Unfunded located in Longview, Texas, for its FBI to 5 U.S.C. 553(d). Mandates Reform Act of 1995 (UMRA), ash. This exclusion applies to the waste Public Law 104–4, which was signed described in the petition, only if the V. Regulatory Impact into law on March 22, 1995, EPA requirements described in Table 1 of Under Executive Order 12866, EPA generally must prepare a written part 261 are satisfied. The maximum must conduct an ‘‘assessment of the statement for rules with Federal annual volume of FBI ash covered by potential costs and benefits’’ for all mandates that may result in estimated this exclusion is 7,000 cubic yards. ‘‘significant’’ regulatory actions. This costs to State, local, and tribal Although management of the waste proposal to grant an exclusion is not governments in the aggregate, or to the covered by this petition is relieved from significant since its effect, if private sector, of $100 million or more Subtitle C jurisdiction, the generator of promulgated, would be to reduce the in any one year. When such a statement the delisted waste must either treat, overall costs and economic impact of is required for EPA rules, under section store, or dispose of the waste in an on- EPA’s hazardous waste management 205 of the UMRA, EPA must identify site facility, or ensure that the waste is regulations. This reduction would be and consider alternatives, including the delivered to an off-site storage, achieved by excluding waste generated least costly, most cost-effective or least treatment, or disposal facility, either of at a specific facility from EPA’s lists of burdensome alternative that achieves which is permitted, licensed or hazardous wastes, thereby enabling this the objectives of the rule. The EPA must registered by a State to manage facility to treat its waste as non- select that alternative, unless the municipal or industrial solid waste. hazardous. There is no additional Administrator explains in the final rule impact due to today’s rule. Therefore, why it was not selected or it is III. Limited Effect of Federal Exclusion this proposal would not be a significant inconsistent with law. Before EPA The final exclusion being granted regulation, and no cost/benefit establishes regulatory requirements that today is issued under the Federal assessment is required. The Office of may significantly or uniquely affect (RCRA) delisting program. States, Management and Budget (OMB) has also small governments, including tribal however, are allowed to impose their exempted this rule from the requirement governments, it must develop under own, non-RCRA regulatory for OMB review under Section (6) of section 203 of the UMRA a small requirements that are more stringent Executive Order 12866. government agency plan. The plan must than EPA’s, pursuant to section 3009 of provide for notifying potentially RCRA. These more stringent VI. Regulatory Flexibility Act affected small governments, giving them requirements may include a provision Pursuant to the Regulatory Flexibility meaningful and timely input in the which prohibits a Federally-issued Act, 5 U.S.C. 601–612, whenever an development of EPA regulatory 50242 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations proposals with significant Federal requirements for small governments and PART 261ÐIDENTIFICATION AND intergovernmental mandates, and so does not require a small government LISTING OF HAZARDOUS WASTE informing, educating, and advising them agency plan under UMRA section 203. on compliance with the regulatory IX. List of Subjects in 40 CFR Part 261 1. The authority citation for part 261 requirements. The UMRA generally continues to read as follows: defines a Federal mandate for regulatory Hazardous Waste, Recycling, and Reporting and Recordkeeping Authority: 42 U.S.C. 6905, 6912(a), 6921, purposes as one that imposes an Requirements. 6922, and 6938. enforceable duty upon state, local or tribal governments or the private sector. Authority: Sec. 3001(f) RCRA, 42 U.S.C. 2. Tables 1, 2, and 3 of Appendix IX The EPA finds that today’s proposed § 6921(f). of part 261 are amended by adding the delisting decision is deregulatory in Dated: September 17, 1996. following waste stream in alphabetical nature and does not impose any Jerry Clifford, order by facility to read as follows: Deputy Regional Administrator. enforceable duty upon state, local or Appendix IX—Wastes Excluded Under tribal governments or the private sector. For the reasons set out in the §§ 260.20 and 260.22. In addition, the proposed delisting does preamble, 40 CFR part 261 is amended not establish any regulatory as follows:

TABLE 1.ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCES

Facility Address Waste description

******* Texas Eastman ...... Longview, Texas ...... Incinerator ash (at a maximum generation of 7,000 cubic yards per calendar year) generated from the incineration of sludge from the wastewater treatment plant (EPA Hazardous Waste No. D001, D003, D018, D019, D021, D022, D027, D028, D029, D030, D032, D033, D034, D035, D036, D038, D039, D040, F001, F002, F003, F005, and that is disposed of in Subtitle D landfills after September 25, 1996. Texas Eastman must implement a testing program that meets the following conditions for the petition to be valid: 1. Delisting Levels: All leachable concentrations for those metals must not exceed the following levels (mg/l). Metal concentrations must be measured in the waste leachate by the method specified in 40 CFR § 261.24. (A) Inorganic Constituents AntimonyÐ0.27; ArsenicÐ2.25; BariumÐ90.0; BerylliumÐ0.0009; CadmiumÐ0.225; ChromiumÐ4.5; CobaltÐ94.5; CopperÐ58.5; LeadÐ0.675; MercuryÐ0.045; NickelÐ4.5; SeleniumÐ1.0; SilverÐ 5.0; ThalliumÐ0.135; TinÐ945.0; VanadiumÐ13.5; ZincÐ450.0 (B) Organic Constituents AcenaphtheneÐ90.0; AcetoneÐ180.0; BenzeneÐ0.135; Benzo(a)anthraceneÐ0.00347; Benzo(a)pyreneÐ0.00045; Benzo(b) fluorantheneÐ0.00320; Bis(2 ethylhexyl) phthalateÐ0.27; Butylbenzyl phthalateÐ315.0; ChloroformÐ0.45; ChlorobenzeneÐ 31.5; Carbon DisulfideÐ180.0; ChryseneÐ0.1215; 1,2± DichlorobenzeneÐ135.0; 1,4±DichlorobenzeneÐ0.18; Di-n-butyl phthalateÐ180.0; Di-n-octyl phthalateÐ35.0; 1,4 DioxaneÐ0.36; Ethyl AcetateÐ1350.0; Ethyl EtherÐ315.0; EthylbenzeneÐ180.0; FlourantheneÐ45.0; FluoreneÐ45.0; 1±ButanolÐ180.0; Methyl Ethyl KetoneÐ200.0; Methylene ChlorideÐ0.45; Methyl Isobutyl KetoneÐ90.0; NaphthaleneÐ45.0; PyreneÐ45.0; TolueneÐ315.0; XylenesÐ3150.0 2. Waste Holding and Handling: Texas Eastman must store in accord- ance with its RCRA permit, or continue to dispose of as hazardous all FBI ash generated until the Initial and Subsequent Verification Testing described in Paragraph 4 and 5 below is completed and valid analyses demonstrate that all Verification Testing Conditions are satisfied. After completion of Initial and Subsequent Verification Testing, if the levels of constituents measured in the samples of the FBI ash do not exceed the levels set forth in Paragraph 1 above, and written notification is given by EPA, then the waste is non-haz- ardous and may be managed and disposed of in accordance with all applicable solid waste regulations. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations 50243

TABLE 1.ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued

Facility Address Waste description

3. Verification Testing Requirements: Sample collection and analyses, including quality control procedures, must be performed according to SW±846 methodologies. If EPA judges the incineration process to be effective under the operating conditions used during the initial verification testing described in Paragraph 4 below, Texas Eastman may replace the testing required in Paragraph 4 with the testing re- quired in Paragraph 5 below. Texas Eastman must, however, con- tinue to test as specified in Paragraph 4 until notified by EPA in writing that testing in Paragraph 4 may be replaced by the testing described in Paragraph 5. 4. Initial Verification Testing: During the first 40 operating days of the FBI incinerator after the final exclusion is granted, Texas Eastman must collect and analyze daily composites of the FBI ash. Daily composites must be composed of representative grab samples col- lected every 6 hours during each 24-hour FBI operating cycle. The FBI ash must be analyzed, prior to disposal of the ash, for all con- stituents listed in Paragraph 1. Texas Eastman must report the operational and analytical test data, including quality control infor- mation, obtained during this initial period no later than 90 days after receipt of the validated analytical results. 5. Subsequent Verification Testing: Following the completion of the Initial Verification Testing, Texas Eastman may request to monitor operating conditions and analyze samples representative of each quarter of operation during the first year of ash generation. The samples must represent the untreated ash generated over one quarter. Following written notification from EPA, Texas Eastman may begin the quarterly testing described in this Paragraph. 6. Termination of Organic Testing: Texas Eastman must continue testing as required under Paragraph 5 for organic constituents specified in Paragraph 1 until the analyses submitted under Para- graph 5 show a minimum of two consecutive quarterly samples below the delisting levels in Paragraph 1. Texas Eastman may then request that quarterly organic testing be terminated. After EPA noti- fies Texas Eastman in writing it may terminate quarterly organic testing. 7. Annual Testing: Following termination of quarterly testing under ei- ther Paragraphs 5 or 6, Texas Eastman must continue to test a representative composite sample for all constituents listed in Para- graph 1 (including organics) on an annual basis (no later than twelve months after the date that the final exclusion is effective). 8. Changes in Operating Conditions: If Texas Eastman significantly changes the incineration process described in its petition or imple- ments any new manufacturing or production process(es) which generate(s) the ash and which may or could affect the composition or type of waste generated established under Paragraph 3 (by illus- tration {but not limitation}, use of stabilization reagents or operating conditions of the fluidized bed incinerator), Texas Eastman must notify the EPA in writing and may no longer handle the wastes gen- erated from the new process as non-hazardous until the wastes meet the delisting levels set in Paragraph 1 and it has received written approval to do so from EPA. 9. Data Submittals: The data obtained through Paragraph 3 must be submitted to Mr. William Gallagher, Chief, Region 6 Delisting Pro- gram, U.S. EPA, 1445 Ross Avenue, Dallas, Texas 75202±2733, Mail Code, (6PD-O) within the time period specified. Records of op- erating conditions and analytical data from Paragraph 3 must be compiled, summarized, and maintained on site for a minimum of five years. These records and data must be furnished upon request by EPA, or the State of Texas, and made available for inspection. Failure to submit the required data within the specified time period or maintain the required records on site for the specified time will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. All data must be ac- companied by a signed copy of the following certification statement to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 USC 1001 and 42 USC 6928), I certify that the information contained in or accompanying this document is true, ac- curate and complete. 50244 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations

TABLE 1.ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued

Facility Address Waste description

As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the per- sons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon con- veyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the ex- tent directed by EPA and that the company will be liable for any ac- tions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void ex- clusion. 10. Notification Requirements: Texas Eastman must provide a one- time written notification to any State Regulatory Agency to which or through which the delisted waste described above will be trans- ported for disposal at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a violation of the delisting petition and a possible revocation of the decision.

TABLE 2.ÐWASTES EXCLUDED FROM SPECIFIC SOURCES

Facility Address Waste description

******* Texas Eastman ...... Longview, Texas ...... Incinerator ash (at a maximum generation of 7,000 cubic yards per calendar year) generated from the incineration of sludge from the wastewater treatment plant (EPA Hazardous Waste No. K009 and K010, and that is disposed of in Subtitle D landfills after September 25, 1996. Texas Eastman must implement a testing program that meets conditions found in Table 1. Wastes Excluded From Non-Specific Sources for the petition to be valid.

TABLE 3.ÐWASTES EXCLUDED FROM COMMERCIAL CHEMICAL PRODUCTS, OFF-SPECIFICATION SPECIES, CONTAINER RESIDUES, AND SOIL RESIDUES THEREOF

Facility Address Waste description

******* Texas Eastman ...... Longview, Texas ...... Incinerator ash (at a maximum generation of 7,000 cubic yards per calendar year) generated from the incineration of sludge from the wastewater treatment plant (EPA Hazardous Waste No. U001, U002, U003, U019, U028, U031, U037, U044, U056, U069, U070, U107, U108, U112, U113, U115, U117, U122, U140, U147, U151, U154, U159, U161, U169, U190, U196, U211, U213, U226, U239, and U359, and that is disposed of in Subtitle D landfills after September 25, 1996. Texas Eastman must implement the testing program described in Table 1. Wastes Excluded From Non-Specific Sources for the petition to be valid.

*******

[FR Doc. 96–24588 Filed 9–24–96; 8:45 am] FEDERAL COMMUNICATIONS SUMMARY: This Order revises the BILLING CODE 6560±50±P COMMISSION Commission’s rules to require only annual Automated Reporting 47 CFR Parts 32, 43 and 64 Management Information System (‘‘ARMIS’’) reports and annual Cost [CC Docket No. 96±193; FCC 96±370] Allocation Manual revisions. These changes were required by the Implementation of the Telecommunications Act of 1996. Telecommunications Act of 1996: Because the 1996 Act did not specify Reform of Filing Requirements and how we should measure inflation in Carrier Classifications adjusting references to carrier revenues, AGENCY: Federal Communications we also adopt interim rules to adjust Commission. those references for inflation using a generally available inflation index. The ACTION: Final rule. intended effect of this action is to Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations 50245 reduce the more frequent filings we Ordering Clauses October 19, 1992 to the given year. The previously required. Accordingly, it is ordered that, indexed revenue threshold for a given year shall be determined by multiplying EFFECTIVE DATE: September 25, 1996. pursuant to Sections 402(b)(2)(B) and 402(c) of the Telecommunications Act $100 million by the ratio of the annual FOR FURTHER INFORMATION CONTACT: of 1996, Pub. L. No. 104–104, sec. value of the GDP–CPI for the given year Valerie Yates, Accounting and Audits 402(b)(2)(B) and 402(c), and Sections 1, to the estimated seasonally adjusted Division, Common Carrier Bureau at 4, 201–205, 215, 218, 220 of the GDP–CPI on October 19, 1992. The 202–418–0850. Communications Act of 1934, as indexed revenue threshold shall be amended, 47 U.S.C. §§ 151(a), 154, 201– rounded to the nearest $1 million. The SUPPLEMENTARY INFORMATION: This is a seasonally adjusted GDP–CPI on summary of the Commission’s Order 205, 215, 218 and 220, and Section 553(b)(B) of the Administrative October 19, 1992 is determined to be implementing Sections 402(b)(2)(B) and 100.69. 402(c) of the Telecommunications Act Procedure Act, 5 U.S.C. § 553(b)(B), * * * * * of 1996 adopted September 3, 1996 and Parts 32, 43, and 64 of the Commission’s rules, 47 CFR Parts 32, 43, and 64 are released September 11, 1996. The full PART 43ÐREPORTS OF text of this Commission Order is amended, as set forth below. It is further ordered that this Report COMMUNICATION COMMON available for inspection and copying and Order will be effective September CARRIERS AND CERTAIN AFFILIATES during normal business hours in the 25, 1996. FCC Public Reference Room (Room 1. The authority citation for Part 43 is 230), 1919 M St., N.W., Washington, List of Subjects in 47 CFR Parts 32, 43 revised to read as follows: D.C. The complete text of this decision and 64 Authority: 47 U.S.C. 154. may also be purchased from the Communications common carriers, 2. Section 43.21 is amended by Commission’s copy contractor, Reporting and recordkeeping revising the first two sentences of International Transcript Service (202) requirements, Telephone. paragraph (a), revising paragraph (c), 857–3800, 1919 M St., N.W., Suite 246, Federal Communications Commission. revising the first two sentences of Washington, D.C. 20554. Shirley S. Suggs, paragraph (d), revising the introductory 2. The Commission has not published Chief, Publications Branch. text of paragraph (f), and adding new a notice of proposed rulemaking, as paragraph (g) to read as follows: allowed by 5 U.S.C. 553(b)(B) when the Rule Changes agency determines, for good cause, that § 43.21 Annual reports of carriers and Parts 32, 43 and 64 of Title 47 of the certain affiliates. it is unnecessary to publish a proposed CFR are amended as follows: rule and obtain comments from (a) Communication common carriers interested persons. The Commission has PART 32ÐUNIFORM SYSTEM OF having annual operating revenues in determined that publication of a ACCOUNTS FOR excess of the indexed revenue proposed rule is unnecessary for the TELECOMMUNICATIONS COMPANIES threshold, as defined in § 32.9000, and certain companies (as indicated in following reasons. The rule changes to 1. The authority citation for Part 32 is paragraph (c) of this section) directly or require only annual ARMIS reports and revised to read as follows: indirectly controlling such carriers shall cost allocation manual revisions merely file with the Commission annual reports implement the requirements of the 1996 Authority: 47 U.S.C. 154. or an annual letter as provided in this Act and involve no discretionary action 2. Section 32.11 is amended by section. Except as provided in by the Commission. The changes to revising paragraphs (a) (1) and (a)(2) to paragraphs (c), (e), (f), and (g) of this revenue thresholds are necessary to read as follows: section, each annual report required by comply with the effective date of the § 32.11 Classification of companies. this section shall be filed not later than statutory directive. Providing prior (a) * * * March 31 of each year, covering the notice and an opportunity to comment preceding calendar year. * ** would be impracticable and contrary to (1) Class A. Companies having annual * * * * * the public interest. revenues from regulated telecommunications operations that are (c) Each company, not itself a 3. Paperwork Reduction Analysis: equal to or above the indexed revenue communication common carrier, that Public reporting burden for this threshold. directly or indirectly controls any collection of information is estimated to (2) Class B. Companies having annual communication common carrier that has average 220 hours per response, revenues from regulated annual operating revenues equal to or including the time frame for reviewing telecommunications operations that are above the indexed revenue threshold instructions, searching existing data less than the indexed revenue threshold. shall file annually with the sources, gathering and maintaining the * * * * * Commission, not later than the date data needed, and completing and 3. Section 32.9000 is amended by prescribed by the Securities and reviewing the collection of information. adding the definition of ‘‘Indexed Exchange Commission for its purposes, Send comments regarding this burden revenue threshold for a given year’’ in two complete copies of any annual estimate or any other aspect of this alphabetical order to read as follows: report Forms 10–K (or any superseding collection of information, including form) filed with that Commission. suggestions for reducing the burden, to § 32.9000 Glossary of terms. (d) Each miscellaneous common the Federal Communications * * * * * carrier (as defined by § 21.2 of this Commission, Records Management Indexed revenue threshold for a given chapter) with operating revenues for a Branch, Paperwork Reduction Project year means $100 million, adjusted for calendar year in excess of the indexed (3060–0511), Washington, D.C. 20554 inflation, as measured by the revenue threshold shall file with the and to the Office of Management and Department of Commerce Gross Common Carrier Bureau Chief a letter Budget, Paperwork Reduction Project Domestic Product Chain-type Price showing its operating revenues for that (3060–0511), Washington, D.C. 20503. Index (GDP–CPI), for the period from year and the value of its total 50246 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations communications plant at the end of that state or local statute, rule, order, or transactions must be quantified in year. Each record carrier with operating other document that regulates, or $100,000 increments at the account revenues for a calendar year in excess of proposes to regulate, the price or prices level. Changes in cost apportionment three-fourths of the indexed revenue the local exchange carrier charges for tables must be quantified in $100,000 threshold shall file a letter showing inside wiring services. * * * increments at the cost pool level. The selected income statement and balance 5. Paragraph (a) of section 43.43 is Chief, Common Carrier Bureau may sheet items for that year with the revised to read as follows: suspend any such changes for a period Common Carrier Bureau Chief. * ** § 43.43 Reports of proposed changes in not to exceed 180 days, and may * * * * * depreciation rates. thereafter allow the change to become effective or prescribe a different (f) Each local exchange carrier with (a) Each communication common procedure. annual operating revenues equal to or carrier with annual operating revenues above the indexed revenue threshold equal to or above the indexed revenue * * * * * shall file, no later than April 1 of each threshold and which has been found by [FR Doc. 96–24473 Filed 9–24–96; 8:45 am] year, reports showing: this Commission to be a dominant BILLING CODE 6712±01±P * * * * * carrier with respect to any (g) Each local exchange carrier with communications service shall, before operating revenues for the preceding making any change in the depreciation 47 CFR Part 73 year that are equal to or above the rates applicable to its operated plant, [MM Docket No. 96±38; RM±8759] indexed revenue threshold shall file, no file with the Commission a report later than April 1 of each year, a report furnishing the data described in the Radio Broadcasting Services; Delta, showing for the previous calendar year subsequent paragraphs of this section, CO its revenues, expenses, taxes, plant in and also comply with the other service, other investment and requirements thereof. AGENCY: Federal Communications depreciation reserves, and such other Commission. * * * * * data as are required by the Commission, ACTION: Final rule. on computer media prescribed by the PART 64ÐMISCELLANEOUS RULES Commission. The total operating results RELATING TO COMMON CARRIERS SUMMARY: This document allots Channel shall be allocated between regulated and 277C2 to Delta, Colorado, as that nonregulated operations, and the 1. The authority citation for Part 64 is community’s second local FM service, regulated data shall be further divided revised to read as follows: in response to a petition for rule making into the following categories: State and Authority: 47 U.S.C. 154. filed on behalf of Blink Communications, Inc. See 61 FR 10977, interstate, and the interstate will be 2. Section 64.903 is amended by March 18, 1996. Coordinates used for further divided into common line, revising the introductory text of Channel 277C2 at Delta are 38–44–24 traffic sensitive access, special access paragraph (a) and paragraph (b) to read and 108–04–00. With this action, the and nonaccess. as follows: 3. Section 43.22 is revised to read as proceeding is terminated. follows: § 64.903 Cost Allocation Manuals. DATES: Effective October 28, 1996. The (a) Each local exchange carrier with window period for filing applications § 43.22 Quarterly reports of communication common carriers. annual operating revenues equal to or will open on October 28, 1996, and above the indexed revenue threshold, as close on November 29, 1996. Each designated interstate carrier with defined in § 32.9000 of this chapter, operating revenues for the preceding FOR FURTHER INFORMATION CONTACT: shall file with the Commission a manual year that are equal to or above the Nancy Joyner, Mass Media Bureau, (202) containing the following information indexed revenue threshold shall file, by 418–2180. Questions related to the regarding its allocation of costs between March 31, June 30, September 30, and window application filing process for regulated and nonregulated activities: December 31 of each year, a report Channel 277C2 at Delta, Colorado, showing for the previous calendar * * * * * should be addressed to the Audio quarter its revenues, expenses, taxes, (b) Each carrier shall ensure that the Services Division, (202) 418–2700. plant in service, other investment and information contained in its cost SUPPLEMENTARY INFORMATION: This is a depreciation reserves, and such other allocation manual is accurate. Carriers synopsis of the Commission’s Report data as are required by the Commission, must update their cost allocation and Order, MM Docket No. 96–38, on computer media prescribed by the manuals at least annually, except that adopted September 6, 1996, and Commission. The total operating results changes to the cost apportionment table released September 13, 1996. The full shall be allocated between regulated and and to the description of time reporting text of this Commission decision is nonregulated operations, and the procedures must be filed at least 60 days available for inspection and copying regulated data shall be further divided before the carrier plans to implement during normal business hours in the into the following categories: State and the changes. Annual cost allocation FCC’s Reference Center (Room 239), interstate, and the interstate will be manual updates shall be filed on or 1919 M Street, NW., Washington, DC. further divided into the major services. before the last working day of each The complete text of this decision may 4. Section 43.41 is amended by calendar year. Proposed changes in the also be purchased from the revising the first sentence to read as description of time reporting Commission’s copy contractors, follows: procedures, the statement concerning International Transcription Service, affiliate transactions, and the cost Inc., (202) 857–3800, located at 1919 M § 43.41 Reports on Inside Wiring Services. apportionment table must be Street, NW., Room 246, or 2100 M Each local exchange carrier with accompanied by a statement quantifying Street, NW., Suite 140, Washington, DC annual operating revenues equal to or the impact of each change on regulated 20037. above the indexed revenue threshold operations. Changes in the description shall file, within thirty (30) days of its of time reporting procedures and the List of Subjects in 47 CFR Part 73 publication or release, a copy of any statement concerning affiliate Radio broadcasting. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations 50247

Part 73 of title 47 of the Code of be purchased from the Commission’s FOR FURTHER INFORMATION CONTACT: Federal Regulations is amended as copy contractor, International Kathleen Scheuerle, Mass Media follows: Transcription Service, Inc., (202) 857– Bureau, (202) 418–2180. 3800, 2100 M Street, NW., Suite 140, SUPPLEMENTARY INFORMATION: This is a PART 73Ð[AMENDED] Washington, DC. 20037. summary of the Commission’s Report 1. The authority citation for part 73 List of Subjects in 47 CFR Part 73 and Order, MM Docket No. 95–7, continues to read as follows: adopted September 6, 1996, and Radio broadcasting. released September 13, 1996. The full Authority: Secs. 303, 48 Stat., as amended, 1082; 47 U.S.C. 154, as amended. Part 73 of title 47 of the Code of text of this Commission decision is Federal Regulations is amended as available for inspection and copying § 73.202 [Amended] follows: during normal business hours in the 2. Section 73.202(b), the Table of FM Commission’s Reference Center (Room Allotments under Colorado, is amended PART 73Ð[AMENDED] 239), 1919 M Street, NW., Washington, DC. The complete text of this decision by adding Channel 277C2 at Delta. 1. The authority citation for part 73 may also be purchased from the Federal Communications Commission. continues to read as follows: Commission’s copy contractors, John A. Karousos, Authority: Secs. 303, 48 Stat., as amended, International Transcription Services, Chief, Allocations Branch, Policy and Rules 1082; 47 U.S.C. 154, as amended. Inc., 2100 M Street, NW., Suite 140, Division, Mass Media Bureau. § 73.202 [Amended] Washington, DC 20037, (202) 857–3800. [FR Doc. 96–24471 Filed 9–24–96; 8:45 am] BILLING CODE 6712±01±F 2. Section 73.202(b), the Table of FM List of Subjects in 47 CFR Part 73 Allotments under Georgia, is amended Radio broadcasting. by adding Channel 286A at Elberton. Part 73 of title 47 of the Code of 47 CFR Part 73 Federal Communications Commission. Federal Regulations is amended as [MM Docket No. 95±165; RM±8703] John A. Karousos, follows: Chief, Allocations Branch, Policy and Rules Radio Broadcasting Services; Division, Mass Media Bureau. PART 73Ð[AMENDED] Elberton, GA [FR Doc. 96–24470 Filed 9–24–96; 8:45 am] 1. The authority citation for part 73 BILLING CODE 6712±01±F AGENCY: Federal Communications continues to read as follows: Commission. Authority: Secs. 303, 48 Stat., as amended, ACTION: Final rule. 47 CFR Part 73 1082; 47 U.S.C. 154, as amended. SUMMARY: The Commission, at the [MM Docket No. 95±7; RM±8561] § 73.202 [Amended] request of Chase Communications, allots 2. Section 73.202(b), the Table of FM Radio Broadcasting Services; Channel 286A to Elberton, Georgia, as Allotments under Michigan, is amended Coleman, Sebewaing and Tuscola, MI the community’s second local FM by removing Channel 269A and adding channel. See 60 FR 56310, November 8, AGENCY: Federal Communications Channel 268A at Tuscola, removing 1995. Channel 286A can be allotted to Commission. Channel 268A and adding Channel Elberton in compliance with the ACTION: Final rule. 269A at Coleman and removing Commission’s minimum distance Sebewaing, Channel 267A. separation requirements with a site SUMMARY: This document substitutes Federal Communications Commission. restriction of 12.4 kilometers (7.7 miles) Channel 268A for Channel 269A at south, at coordinates 33–59–59 NL; 82– John A. Karousos, Tuscola, Michigan and modifies the Chief, Allocations Branch, Policy and Rules 51–36 WL, to avoid a short-spacing to license for Station WWBN accordingly, Stations WCCP-FM, Channel 285A, Division, Mass Media Bureau. in response to a proposal filed by [FR Doc. 96–24469 Filed 9–24–96; 8:45 am] Clemson, South Carolina, and WHEL, Faircom Flint, Inc. See 60 FR 5157, Channel 286A, Helen, Georgia. With January 26, 1995. The coordinates for BILLING CODE 6712±01±F this action, this proceeding is Channel 268A at Tuscola are 43–16–02 terminated. and 83–45–34. To accomodate the 47 CFR Part 73 DATES: Effective October 28, 1996. The substitution at Tuscola, we shall also window period for filing applications substitute Channel 269A for Channel [MM Docket No. 96±51; RM±8764] will open on October 28, 1996, and 268A at Coleman, Michigan, and modify close on November 29, 1996. the license for Station WPRJ to specify Radio Broadcasting Services; FOR FURTHER INFORMATION CONTACT: operation on Channel 269A at Wellington, CO Leslie K. Shapiro, Mass Media Bureau, coordinates 43–48–41 and 84–27–57. AGENCY: Federal Communications (202) 418–2180. Canadian concurrence has been Commission. obtained for both allotments. The Notice SUPPLEMENTARY INFORMATION: This is a ACTION: Final rule. synopsis of the Commission’s Report proposed to substitute Channel 281A for and Order, MM Docket No. 95–165, vacant Channel 267A at Sebewaing, SUMMARY: This document allots FM adopted September 6, 1996, and Michigan, or delete the channel if no Channel 232C3 to Wellington, Colorado, released September 13, 1996. The full interest was expressed in retaining an as that community’s first local FM text of this Commission decision is allotment in the community. Since no transmission service, in response to a available for inspection and copying interest has been expressed for retention petition for rule making filed by Victor during normal business hours in the of a channel in Sebewaing, Michigan, A. Michael, Jr. See 61 FR 3551, March FCC Reference Center (Room 239), 1919 we shall delete the channel. With this 29, 1996. Coordinates used for Channel M Street, NW., Washington, DC. The action, this proceeding is terminated. 232C3 at Wellington are 40–53–57 complete text of this decision may also EFFECTIVE DATE: October 28, 1996. North Latitude and 105–01–53 West 50248 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations

Longitude. With this action, the DEPARTMENT OF TRANSPORTATION Flexibility Analysis has not been proceeding is terminated. performed. Office of the Secretary DATES: Effective October 28,1996. The D. Paperwork Reduction Act window period for filing applications 48 CFR Parts 1201, 1202, 1205, 1209, will open on October 28, 1996, and 1210, 1211, 1212, 1213, 1215, 1216, There are no information collection close on November 29, 1996. 1219, 1220, 1224, 1233, 1237, 1247, requirements associated with this rule. 1252, and 1253 FOR FURTHER INFORMATION CONTACT: E. Administrative Procedure Act Nancy Joyner, Mass Media Bureau, (202) RIN 2105±AC59 A general notice of proposed 418–2180. Questions related to the Revision of Department of rulemaking was not published in the window application filing process for Transportation Acquisition Federal Register because that notice and Channel 232C3 at Wellington, Colorado, Regulations public procedure are unnecessary. This should be addressed to the Audio final rule revises agency specifies in the Services Division, (202) 418–2700. AGENCY: Office of the Secretary, DOT. Transportation Acquisition Regulation ACTION: Final rule. to conform to the restructuring and SUPPLEMENTARY INFORMATION: This is a revision of the document it synopsis of the Commission’s Report SUMMARY: This final rule amends the supplements, the Federal Acquisition and Order, MM Docket No. 96–51, Transportation Acquisition Regulation Regulation. The Department has little adopted September 6, 1996, and (TAR) to reflect restructuring and discretion in adopting these technical released September 13, 1996. The full modified coverage that is made changes. We do not anticipate that we text of this Commission decision is necessary by the Federal Acquisition would receive meaningful comments on available for inspection and copying Streamlining Act of 1994. these amendments. during normal business hours in the EFFECTIVE DATE: October 25, 1996. FCC’s Reference Center (Room 239), FOR FURTHER INFORMATION CONTACT: List of Subjects in 48 CFR Parts 1201, 1919 M Street, NW., Washington, DC. James F. Hawkins, Office of Acquisition 1202, 1205, 1209, 1210, 1211, 1212, The complete text of this decision may and Grant Management, M–61, 400 1213, 1215, 1216, 1219, 1220, 1224, also be purchased from the Seventh Street S.W., Washington, DC 1233, 1237, 1247, 1252, and 1253 Commission’s copy contractors, 20590: (202) 366–6688. Government procurement. International Transcription Service, SUPPLEMENTARY INFORMATION: Inc., (202) 857–3800, located at 1919 M This final rule is issued pursuant to Street, NW., Room 246, or 2100 M A. Background delegated authority under 49 CFR part Street, NW., Suite 140, Washington, DC Implementation of the Federal 1.59(p). This authority has been 20037. Acquisition Streamlining Act (FASA) of redelegated to the Senior Procurement 1994 resulted in changes to the Federal Executive. List of Subjects in 47 CFR Part 73 Acquisition Regulation (FAR). The FAR Issued this 12th day of September 1996, at Radio broadcasting. was modified to provide additional Washington, DC. coverage to implement the Act and David J. Litman, Part 73 of title 47 of the Code of restructure parts of the FAR to Director of Acquisition and Grant Federal Regulations is amended as accommodate the changes (particularly Management. follows: Parts 10, 11, and 12). The Transportation Acquisition Regulation Adoption of Amendments PART 73Ð[AMENDED] (TAR) is being modified to reflect the Title 48 of the Code of Federal restructuring and modified coverage in Regulations, Parts 1201, 1202, 1205, 1. The authority citation for part 73 the FAR. The TAR coverage restructures 1209, 1210, 1211, 1212, 1213, 1215, continues to read as follows: Parts 1210, 1211, and 1212, part title 1216, 1219, 1220, 1224, 1233, 1237, Authority: Secs. 303, 48 Stat., as amended, changes, deletes some prior coverage 1247, 1252, and 1253 are amended to 1082; 47 U.S.C. 154, as amended. and reflects an internal delegation to the read as set forth below: United States Coast Guard. Part 1211 is § 73.202 [Amended] being newly added and Parts 1201 and 1. The authority citation for 48 CFR 1252 is being renumbered to reflect the parts 1201, 1202, 1205, 1209, 1210, 2. Section 73.202(b), the Table of FM restructuring of the TAR. 1211, 1212, 1213, 1215, 1216, 1219, Allotments under Colorado, is amended 1220, 1224, 1233, 1237, 1247, 1252, and by adding Wellington, Channel 232C3. B. Regulatory Analysis and Notices 1253 continues to read as follows: Federal Communications Commission. This final rule is not significant under Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); John A. Karousos, Executive Order 12866 of the 48 CFR 3.1. Department’s Regulatory Policies and Chief, Allocations Branch, Policy and Rules Procedures. It does not amend a rule PART 1201ÐFEDERAL ACQUISITION Division, Mass Media Bureau. having substantial public interest and REGULATIONS SYSTEM [FR Doc. 96–24468 Filed 9–24–96; 8:45 am] we expect no economic impacts or BILLING CODE 6712±01±F Federalism impacts as a result of this Subpart 1201.104±2Ð[Amended] rule. 2. Subpart 1201.1 is amended by C. Regulatory Flexibility Act removing ‘‘OST—Office of the This proposal is not expected to have Secretary’’ under 1201.104–2 and a significant economic impact on a adding ‘‘TASC—Transportation substantial number of small entities Administrative Service Center’’ and by because the basic policies remain redesignating §§ 1201.102 through unchanged. An Initial Regulatory 1201.105 as follows: Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations 50249

1201.102 through 1201.105 [Redesignated 1209.507 Solicitation provisions. 1213.5 (§ 1213.5) are removed and the as 1201.103 through 1201.106] The contracting officer may insert the part is reserved. provision at (TAR) 48 CFR 1252.209–70, Old section New section ‘‘Disclosure of Conflicts of Interest’’ in PART 1213ÐSMALL PURCHASE AND all solicitations for negotiated OTHER SIMPLIFIED PURCHASE 1201.102 ...... 1201.103 PROCEDURES 1201.103 ...... 1201.104 acquisitions, when simplified 1201.104 ...... 1201.105 acquisitions procedures in (FAR) 48 1213.107±90 [Amended] 1201.104±1 ...... 1201.105±1 CFR Part 13, are not used and when the 11. Section 1213.107–90 is amended 1201.104±2 ...... 1201.105±2 contracting officer believes the by correcting the reference to USCG 1201.104±3 ...... 1201.105±3 conditions enumerated in (FAR) 48 CFR 1201.105 ...... 1201.106 provision ‘‘1252.210–90’’ to read 9.507–2 warrant inclusion. ‘‘1252.213–90’’ and reference to USCG clause ‘‘1252.210–90(a)’’ to read 3. In subpart 1201.470, § 1201.403 is PART 1210ÐMARKET RESEARCHÐ ‘‘1252.211–90’’ and revise the words ‘‘in revised to read as follows: [RESERVED] small purchases’’ to read ‘‘with Subpart 1201.403ÐIndividual 8. The heading of part 1210 is revised, simplified acquisition procedures’’. Deviations §§ 1210.004 through 1210.011–90 are removed and the subpart is reserved. 1213.507±90 [Amended] The authority of the agency head 12. Section 1213.507–90 is amended under (FAR) 48 CFR 1.403 and (TAR) 48 PART 1211ÐACQUISITION AND by correcting the reference to USCG CFR chapter 12 is delegated to the Head DISTRIBUTION OF COMMERCIAL clause ‘‘1252.210–90’’ to read of the Contracting Activity or designee ITEMS ‘‘1252.211–90’’. no lower than Senior Executive Service 9. Part 1211 is added to read as PART 1215ÐCONTRACTING BY (SES)/Flag Officer level. However, see follows: NEGOTIATION Transportation Acquisition Manual (TAM) 1201.403. The TAM is available PART 1211ÐDESCRIBING AGENCY 1215.407, 1215.804, and 1215.804±2 through the Government Printing Office. NEEDS [Removed] 13. In part 1215, §§ 1215.407, 4. Subpart 1201.6 title is revised to Subpart 1211.6ÐPriorities and Allocations read as follows: 1215.804, and 1215.804–2 are removed. 1211.602 General. 14. The heading of § 1215.804–6 is Subpart 1201.6ÐCareer Development, 1211.204–90 Solicitation provision and revised to read as follows: Contracting Authority and contract clause (USCG). 1215.804±6 Instructions for submission of Responsibilities Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. cost or pricing data or information other than cost or pricing data. PART 1202ÐDEFINITIONS OF WORDS AND TERMS Subpart 1211.6ÐPriorities and Allocations PART 1216ÐTYPES OF CONTRACTS 5. Section 1202.1, paragraph (i)(7) is 1211.602 General. 15. In part 1216, subpart 1216.5 is revised to read as follows: added to read as follows: (c) The USCG is the only DOT OA 1202.1 Definitions. delegated authority under the Defense Subpart 1216.5ÐIndefinite-Delivery * * * * * Priorities and Allocations System Contracts (i) * * * (DPAS) regulation (15 CFR 700) to assign priority ratings on contracts and 1216.505 Ordering. (7) Transportation Administrative orders placed with contractors to (b)(4) Unless otherwise provided in Service Center/Office of the Secretary acquire products, materials, and OA procedures, the OA Competition (OST). services in support of USCG certified Advocate is designated as the OA Task * * * * * national defense related programs. and Delivery Order Ombudsman. (i) If any corrective action is needed PART 1205ÐPUBLICIZING CONTRACT 1211.204±90 Solicitation provision and after reviewing complaints from ACTIONS contract clause (USCG). contractors on task and delivery order (a) The contracting officer shall insert contracts, the OA Ombudsman shall 6. Section 1205.101, paragraph (a)(2), the USCG clause at (TAR) 48 CFR provide a written determination of such is removed and paragraph (a)2)(iii) is 1252.211–90, Bar Coding Requirement action to the contracting officer. added to read as follows: (also see (TAR) 48 CFR 1213.507–90(a)) (ii) Issues that cannot be resolved 1205.101 Methods of disseminating when the bar coding of supplies is within the OA, are to be forwarded to information. necessary for the USCG. the DOT Task and Delivery Order (b) See (TAR) 48 CFR 1213.507–90 for Ombudsman for review and resolution. (a)(2)(iii) Contracting officers shall a provision which is required when the post solicitations expected to exceed USCG clause at (TAR) 48 CFR PART 1219ÐSMALL BUSINESS $25,000, if required in OA procedures. 1252.211–90, Bar Coding Requirement, PROGRAMS is used with simplified acquisition PART 1209ÐCONTRACTOR 16. Part 1219 title is revised to read procedures. QUALIFICATIONS as set forth above and subpart 1219.7 PART 1212ÐACQUISITION OF title is revised to read ‘‘Subcontracting Subpart 1209.4Ð[Removed] COMMERCIAL ITEMSÐ[RESERVED] with Small Business, Small Disadvantaged Business and Women- 7. Subpart 1209.4 (1209.406 through 10. The heading of part 1212 is Owned Small Business Concerns’’. The 1209.407–3) is removed and § 1209.507 revised to read as set forth above, last sentence of § 1219.201(c) is is revised to read as follows: subparts 1213.1 (§ 1213.107–90) and removed. Appendix A following 50250 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations

§ 1219.006 is designated as Subpart A to DOTBCA Alternate Dispute Resolution contracting officers under procedures Subpart 1219.10 and items (4) and (6) (ADR) procedures are contained in 48 established by the Head of Contracting are revised to read as follows: CFR chapter 63, Section 6302.30, ADR Activity, who will address applicable Methods (Rule 30), and will be statutory limitations under Section 1091 Appendix A to Subpart 1219.10 distributed to the parties, if ADR of Title 10 U.S.C. FPDs procedures are used. These procedures product may be obtained from the DOTBCA PART 1247ÐTRANSPORTATION Targeted industry categories and serv- upon request. ADR procedures may be 21. Section 1247.104–370 is amended ice code used when: by changing the reference to section * * * * * number ‘‘1252.247–1’’ to read ***** (d) DOT’s Dispute Resolution ‘‘1252.247–70’’; by amending 1247.305– (4) Maintenance, Repair, and J028/J010 Specialist in accordance with the ADRA 70 (a), (b), (c), (d), (e), and (f) by revising Rebuilding of engines, tur- is located in the DOT Office of the the references to section numbers bines, components and weap- General Counsel, C–1. The Dispute ‘‘1252.247–2,’’ ‘‘1252.247–3,’’ ons equipment. Resolution Specialist performs the ‘‘1252.247–4,’’ ‘‘1252.247–5,’’ functions set forth in the Administrative ‘‘1252.247–6,’’ and ‘‘1252.247–7,’’ to ***** Disputes Resolution Act for DOT (6) ADP Support Equipment ...... 7035 read ‘‘1252.247–71,’’ ‘‘1252.247–72,’’ operating administrations on a non- ‘‘1252–247–73,’’ ‘‘1252–247–74,’’ reimbursable basis. The Dispute ***** ‘‘1252–247–75,’’ and ‘‘1252.247–76,’’ Resolution Specialist may conduct any respectively; and by amending of the alternative means of dispute 1247.305–71 by revising the reference to PART 1220ÐLABOR SURPLUS AREA resolution set forth in Title 5, U.S.C. CONTRACTING section number ‘‘1252.247–8’’ to read Section 581(3), including settlement ‘‘1252.247–77’’. 17. Part 1220 title is revised to read negotiations under the auspices of a as set forth above. settlement judge, conciliation, PART 1252ÐSOLICITATION facilitation, mediation, fact finding, PROVISIONS AND CONTRACT PART 1224ÐPROTECTION OF mini-trials, and arbitration, or any CLAUSES PRIVACY AND FREEDOM OF combination of these methods. INFORMATION 1252.210±70 and 1252.210±71 and PART 1237ÐSERVICE CONTRACTING 1252.247±1 through 1252.247±8 18. In part 1224, § 1224.000 is [Redesignated as 1252.211±70 and 20. The heading of subpart 1237.1 is removed and § 1224.103 is added to 1252.211±71 and 1252.247±70 through revised to read ‘‘Service Contracts— subpart 1224.1 to read as follows: 1252.247±77] General’’ (table of contents listing 22. Sections 1252.210–70 and 1224.103 Procedures. remains unchanged). New subpart 1252.210–71 and 1252.247–1 through DOT’s rules and regulations 1237.104, ‘‘Personal Services Contracts’’ 1252.247–8 are redesignated as follows: implementing the Privacy Act of 1974 and § 1237.104–90, ‘‘Delegation of are located at 49 CFR Part 10. Authority (USCG)’’ are added to read as Old section New section follows: PART 1233ÐPROTESTS, DISPUTES, 1252.210±70 ...... 1252.211±70 AND APPEALS Subpart 1237.104ÐPersonal Services 1252.210±71 ...... 1252.211±71 Contracts 1252.247±1 ...... 1252.247±70 19. Section 1233.214 is amended by 1252.247±2 ...... 1252.247±71 removing paragraph (d) and 1237.104±90 Delegation of authority 1252.247±3 ...... 1252.247±72 redesignating paragraphs (b) and (c) as (USCG). 1252.247±4 ...... 1252.247±73 (c) and (d), revising the introductory (a) Pub. L. 104–106, DOD 1252.247±5 ...... 1252.247±74 text of newly redesignated paragraph (c) Authorization Act of 1996, Section 733, 1252.247±6 ...... 1252.247±75 1252.247±7 ...... 1252.247±76 and paragraph (d) to read as follows: added Section 1091(A) to Title 10 of the United States Code, which authorizes 1252.247±8 ...... 1252.247±77 1233.214 Alternative dispute resolution contracting authority for personal (ADR). service contracts for medical treatment PART 1253ÐFORMS (c) The Administrative Dispute facilities for the Coast Guard. Resolution Act (ADRA), Pub. L. 101– (b) The authority of the Secretary of In Appendix A to subpart 1253.3, the 552, authorizes and encourages agencies Transportation under Pub. L. 104–106 to entries for 1252.210–70, 1252.210–71, to use mediation, conciliation, contract for personal service contracts 1252.247–1 through 1252.247–8 are arbitration, and other techniques for the for medical treatment facilities for the removed and the following new entries prompt and informal resolution of Coast Guard is delegated to the HCA are added in numerical order. disputes, and for other purposes. The with the authority to redelegate to Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations 50251

[FR Doc. 96–24302 Filed 9–24–96; 8:45 am] BILLING CODE 4910±62±C 50252 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations

Research and Special Programs petitions for reconsideration. This letter ‘‘Vinyl chloride’’ was amended to add Administration of denial was published in the Federal the word ‘‘stabilized.’’ A delayed Register on July 25, 1996 [61 FR 38643] compliance period provided under 49 CFR Parts 172, 173, 174 and 179 and included a statement of Docket HM–215A authorizes use of [Docket No. HM±216; Amdt Nos. 172±148, enforcement policy by the Federal either proper shipping name (‘‘Vinyl 173±252, 174±83, 179±52 ] Railroad Administration (FRA). chloride’’ or ‘‘Vinyl chloride, In addition, RSPA received several stabilized’’) until October 1, 1996. On or RIN 2137±AC66 other petitions for reconsideration, as after that date, the word ‘‘stabilized’’ well as other correspondence must appear as part of the proper Transportation of Hazardous Materials identifying errors or requesting by Rail; Miscellaneous Amendments; shipping name. Based on pre-Docket clarification. This document HM–216 marking requirements in Response to Petitions for incorporates editorial and technical Reconsideration § 173.314, after October 1, 1996, the revisions RSPA has determined are word ‘‘stabilized’’ would have been AGENCY: Research and Special Programs necessary to correct or clarify the final required to appear as part of the proper Administration (RSPA), DOT. rule. shipping name marking (provided such ACTION: Final rule; editorial revisions Because the amendments adopted cars were marked after October 1, 1991; and response to petitions for herein clarify and relax certain see § 172.302(f)). reconsideration. provisions of the June 5, 1996 final rule, and impose no new regulatory burden The Docket HM–216 notice of SUMMARY: On June 5, 1996, RSPA on any person, notice and public proposed rulemaking proposed a published a final rule which amended procedure are unnecessary. For these reduction in the number of proper the Hazardous Materials Regulations to same reasons, these amendments are shipping names required to be marked incorporate a number of changes to rail being made effective on the same on tank cars and also proposed that only requirements based on rulemaking effective date of the June 5, 1996 final the ‘‘key words’’ of the proper shipping petitions from industry and RSPA rule, without the usual 30-day delay name must be marked. Based on initiatives. The intended effect of the following publication. numerous comments, including those June 5, 1996 rule is to improve safety from the emergency response II. Summary of Regulatory Changes and reduce costs to offerors and community, opposing these proposed Made by Section transporters of hazardous materials. changes in marking requirements, RSPA This final rule corrects errors in that Listed below is a section-by-section did not reduce the number of proper final rule and responds to petitions for summary of the changes. shipping names required to be marked on tank cars, but consolidated existing reconsideration. Part 172 DATES: marking requirements into § 172.330. Effective date. This final rule is Section 172.102. Special Provision effective October 1, 1996. The effective Limited relief was provided by adopting B65 is revised by correcting two the proposal to require only key words date for the final rule published under typographical errors. The ‘‘Class DOT Docket HM–216 on June 5, 1996 (61 FR of the proper shipping name to be 105J’’ reference should read ‘‘Class DOT marked; however, the final rule 28666) remains October 1, 1996. 105A’’ and the wording ‘‘safety relief Compliance date. However, indicated that qualifying words, such as device’’ should read ‘‘pressure relief compliance with the regulations is ‘‘compressed,’’ ‘‘liquefied,’’ ‘‘stabilized’’ device’’. authorized from June 30, 1996. and ‘‘inhibited’’ were considered to be Section 172.330. On July 3, 1996, The ‘‘key words.’’ FOR FURTHER INFORMATION CONTACT: Beth Chemical Manufacturers Association’s Romo, telephone (202) 366–8553, Office Vinyl Chloride Panel Transportation After further consideration, RSPA of Hazardous Materials Standards, Committee (CMA–VCC) filed a petition believes that certain qualifying words Research and Special Programs for reconsideration concerning the do not sufficiently enhance the Administration, Washington DC, 20590– marking of tank cars containing vinyl effectiveness of this marking, and the 0001, or James H. Rader, telephone (202) chloride. CMA–VCC claimed that parenthetical example in paragraph 632–3339, Office of Safety Assurance revised marking requirements adopted (a)(1)(ii) creates confusion as to which and Compliance, Federal Railroad under Docket HM–216 are unduly qualifying words in a proper shipping Administration, Washington DC, 20590– burdensome because they require name must be considered ‘‘key words.’’ 0001. addition of the word ‘‘stabilized’’ or Consequently, RSPA is amending paragraph (a)(1)(ii) by removing the SUPPLEMENTARY INFORMATION: ‘‘inhibited’’ as part of the proper shipping name marked on the tank parenthetical wording ‘‘(including I. Background without a corresponding increase in words such as ‘stabilized’, ‘inhibited’, On June 5, 1996, RSPA issued a final safety. Further, CMA–VCC states that ‘compressed’, or ‘liquefied’)’’. This rule under Docket HM–216 [61 FR the remarking process is costly, change does not limit or prohibit the 28666]. The final rule made changes to primarily because the cars must be marking of additional words on a tank the HMR, applicable to rail carriers, removed from service. In some cases, car. A tank car may be marked with shippers, and tank car owners and entire fleets will have to be removed words such as ‘‘liquefied’’ or lessors, based on petitions for from service over the next three months ‘‘stabilized’’. rulemaking submitted in accordance in order to achieve compliance. To Section 172.514. In the section with 49 CFR 106.31 or agency initiative. reduce the burden on the industry, heading and paragraphs (a) and (b), the RSPA received several petitions for CMA–VCC requests a five-year period to phrase ‘‘other than a tank car’’ is reconsideration to the final rule comply with the rule. This five-year removed. Based on the removal of the concerning the voluntary compliance period coincides with the regular ‘‘RESIDUE’’ placard in the June 5, 1996 date of June 30, 1996, which allowed service schedule for these cars. final rule, this phrase is no longer rail shippers and carriers to discontinue In a final rule issued December 29, necessary because placarding use of the RESIDUE placard. In a June 1994 under Docket HM–215A [59 FR requirements for tank cars are the same 28, 1996 letter, RSPA denied these 67390], the proper shipping name for as for other bulk packagings. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations 50253

Part 173 the HMR and several exemptions provision also requires a ‘‘careful Section 173.314. In the paragraph (c) authorized an increase in the start-to- inspection of the frangible [rupture] disc table, in Column (3), the wording discharge pressure setting on the in non-reclosing pressure relief ‘‘120A’’ is corrected to read ‘‘120’’ for pressure relief device for several devices.’’ A rupture disc failure in each commodity authorized in this tank commodities, such as liquefied transportation poses a potential threat to petroleum gas and anhydrous ammonia. human health and the environment. car class. This change simply expands the This threat is best mitigated by the Part 174 requirement to all commodities, careful inspection of the disc to ensure Section 174.24. In § 174.24, the first including those that pose less risk in its integrity prior to transportation. A two sentences are revised to clarify that transportation. Further, the start-to- careful inspection does not simply mean no person may accept or transport a discharge pressure setting on the a cursory look at the top of the disc; hazardous material unless that person pressure relief device in the ASME code defects can and do arise in any material receives a shipping paper that contains is partly based on the physical and on any surface, including the the information required by part 172 properties of the lading at a reference bottom side of the disc. Since non- (i.e., the proper shipping description, temperature, static head, and gas reclosing pressure relief devices account padding pressure in the tank. Because of for a large number of non-accident emergency response telephone number, the ASME code’s wide use in stationary releases and railroad worker injuries, it and the shipper’s certification). The storage tanks, cargo tanks, and IM simply cannot be argued that a partial paragraph is further clarified to state portable tanks, RSPA proposed and inspection of the disc will qualify the that only the initial carrier within the adopted the principal code for tank cars whole disc for further use and help United States must receive and retain a in Docket HM–216. Accordingly, the prevent such releases. Offerors must copy of the offeror’s certified shipping start-to-discharge pressure of a pressure acknowledge that the cost of using a paper. relief device on a tank car is now based non-reclosing pressure relief device Section 174.85. In paragraph (c), a on the physical properties of the lading includes not just the purchase price, but separation requirement is revised to and not solely on the tank specification. also the cost of inspection, maintenance, clarify that a placarded tank car may not Since the lading, and not the tank and repair prior to each shipment. In be used to separate a tank car containing specification, ‘‘drives’’ the start-to- cases where there is a concern about air a residue of a hazardous material from discharge pressure setting of the and water vapors entering the tank or a locomotive or occupied caboose. This pressure relief device, this provision is pollutants discharged from the tank, it change makes consistent the now in harmony with the ASME code. is RSPA and FRA’s opinion that the requirements of paragraph (c) with those Furthermore, the design of a tank car offeror should use a reclosing pressure contained in paragraph (d). (Also see the must account for the dynamic train- relief device, as opposed to a preamble discussion in the final rule [61 action loads that are transmitted into the nonreclosing pressure relief device that FR 28666, 28670].) tank shell (axial compression and allows for the movement of unwanted Part 179 bending moments). As such, tank wall vapors and pollutants into or out of the thickness is more of a function of the tank after disc rupture. Section 179.15. In § 179.15, several train-action loads as opposed to simply Section 179.100–7. In § 179.100–7, the editorial changes are made, and in lading retention. Therefore, a direct minimum elongation requirements for paragraph (f)(1) a sentence is added to comparison between tank cars and the AAR TC 128, Gr. B and ASTM A 302, clarify that until October 1, 1998, a tank ASME code is not totally possible, Gr. B are corrected to read ‘‘19’’ and car must have a nonreclosing pressure especially when comparing levels of ‘‘20’’ respectively. relief device incorporating a rupture safety. Section 179.201–4. A manufacturer of disc designed to burst at a pressure This petitioner also disagreed with safety valves and safety vents for tank corresponding to the new requirements RSPA and FRA’s position that it was cars asked RSPA to amend § 179.201–4 in this final rule or to the old better to remove the disc from the vent to authorize the finishing of as cast requirements in effect on September 30, in order to examine the disc for internal surfaces of stainless castings 1996. corrosion and damage. The petitioner prior to testing. Section 179.201–4 A manufacturer of safety valves and explained that the construction of the requires the use of a standard practice, safety vents for tank cars opposed the disc does not allow an inspector to ASTM–262, for detecting the pressure relief device amendment that determine the condition of the disc and susceptibility to intergranular attack in would allow for an increase in the start- that removal of the disc can allow water austenic stainless steels. ASTM–262 to-discharge pressure from 30 percent to and vapor to enter the tank or for requires the surface of a test specimen 33 percent of the tank burst pressure. pollutants to escape from the tank. to conform to the actual surface of the This petitioner claimed that the change Further, in order to disassemble the casting used in service. The standard would reduce the level of safety by 10 nonreclosing pressure relief device an further authorizes the finishing of the percent, and that the change did not offeror would have to step outside of the test specimen surface to remove foreign correspond to the ASME code as loading platform area, thus ‘‘workers material and to obtain a standard, purported by RSPA. The petitioner will be disinclined to take the discs out uniform finish, by polishing. As to the further stated that the ASME code of the vents to look at the vacuum removal of surface carburization, caused primarily deals with stationary pressure support side, so no inspection of the by carbonaceous binders in the sand, vessels where ‘‘plants have maintenance disc will take place.’’ the ASTM–262 standard prohibits departments that give their stationary RSPA and FRA disagree. The grinding and machining to remove the valves tender loving care,’’ and that preamble discussion in Docket HM–216 carburized surface, except in tests ‘‘[t]ank cars, on the other hand, are simply makes clear an offeror’s undertaken to demonstrate such effects. frequently looked upon as someone responsibility—that each person who In 1988, this petitioner and the else’s problem and their valves and offers a hazardous material for Association of American Railroads fittings are given minimum attention.’’ transportation in a tank car must ensure (AAR) reviewed the ASTM–262 RSPA and FRA disagree. Prior to that the ‘‘tank car is in proper condition standard as it applies to carburized adoption of the HM–216 amendment, and safe for transportation.’’ The surfaces. The review resulted in a 1988 50254 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations amendment to Appendix M of the AAR requirements. 49 U.S.C. 5125(b)(1). listed in the Unified Agenda of Federal Tank Car Manual that now allows for These subjects are: Regulations. The Regulatory Information the finishing, by grinding and (1) The designation, description, and Service Center publishes the Unified machining, on all surfaces prior to classification of hazardous material; Agenda in April and October of each testing. Based on the recognized (2) The packing, repacking, handling, year. The RIN number contained in the industry standard practice for detecting labeling, marking, and placarding of heading of this document can be used the susceptibility to intergranular attack hazardous material; to cross-reference this action with the in austenic stainless steel and these (3) The preparation, execution, and Unified Agenda. comments, RSPA is amending use of shipping documents pertaining to List of Subjects § 179.201–4 to authorize finishing, by hazardous material, and requirements machining or grinding, prior to testing. respecting the number, content, and 49 CFR Part 172 Section 179.300–7. RSPA received placement of such documents; (4) The written notification, Hazardous materials transportation, one petition for reconsideration relating Hazardous waste, Labels, Markings, to the use of steels for the construction recording, and reporting of the unintentional release in transportation Packaging and containers, Reporting of multi-unit tank car tanks. The and recordkeeping requirements. petitioner stated that the removal of of hazardous material; or steel specifications A285 and A515 will (5) The design, manufacturing, 49 CFR Part 173 fabrication, marking, maintenance, cause an enormous disruption to users Hazardous materials transportation, reconditioning, repairing, or testing of a of multi-unit tank car tanks and in Packaging and containers, Radioactive package or container which is particular to the chlorine industry, materials, Reporting and recordkeeping represented, marked, certified, or sold which uses A285 for forge welding Class requirements, Uranium. DOT 106A multi-unit tank car tanks. as qualified for use in the transportation The petitioner also asked RSPA to of hazardous material. 49 CFR Part 174 This final rule preempts State, local, consider adding ASTM A516 Gr 70 to Hazardous materials transportation, or Indian tribe requirements concerning the table, since this material is often Radioactive materials, Railroad safety. used in the construction of multi-unit these subjects unless the non-Federal tank car tanks under exemption (DOT- requirements are ‘‘substantively the 49 CFR Part 179 E 9157 and DOT-E 3216). RSPA agrees same’’ (see 49 CFR 107.202(d)) as the Hazardous materials transportation, that the steel specifications in Federal requirements. RSPA lacks Incorporation by reference, Railroad § 179.300–7 were inadvertently removed discretion in this area, and preparation safety, Reporting and recordkeeping in the final rule. RSPA also is adding of a federalism assessment is not requirements. warranted. ASTM A516 Gr. 70 to the table based on In consideration of the foregoing, 49 comments received. Federal law (49 U.S.C. 5125(b)(2)) provides that if DOT issues a regulation CFR parts 172, 173, 174 and 179 are III. Rulemaking Analyses and Notices concerning any of the covered subjects, amended as follows: A. Executive Order 12866 and DOT DOT must determine and publish in the PART 172ÐHAZARDOUS MATERIALS Regulatory Policies and Procedures Federal Register the effective date of TABLE, SPECIAL PROVISIONS, Federal preemption. The effective date This final rule is not considered a HAZARDOUS MATERIALS may not be earlier than the 90th day COMMUNICATIONS, EMERGENCY significant regulatory action under following the date of issuance of the section 3(f) of Executive Order 12866 RESPONSE INFORMATION, AND final rule and not later than two years TRAINING REQUIREMENTS and therefore, was not reviewed by the after the date of issuance. RSPA Office of Management and Budget. The determined that the effective date of 1. The authority citation for Part 172 rule is not considered a significant rule Federal preemption for these continues to read as follows: under the Regulatory Policies and requirements in the June 5, 1996 final Procedures of the Department of Authority: 49 U.S.C. 5101–5127; 49 CFR rule would be October 1, 1996. The 1.53. Transportation [44 FR 11034]. effective date of Federal preemption for The economic impact of this rule is the changes made in this final rule will § 172.102 [Amended] expected to result in only minimal costs be December 24, 1996. 2. In § 172.102, in paragraph (c)(3), for to certain persons subject to the HMR Special Provision B65, as amended at 61 C. Regulatory Flexibility Act and may result in modest cost savings FR 28675, effective October 1, 1996, the to a small number of persons subject to This final rule responds to petitions wording ‘‘Class 105J’’ is revised to read the HMR and to the agency. Because of for reconsideration and agency review. ‘‘Class 105A’’ and the wording ‘‘safety the minimal economic impact of this It is intended to make editorial and relief device’’ is revised to read rule, preparation of a regulatory impact technical corrections, provide ‘‘pressure relief device’’. analysis or a regulatory evaluation is not clarification of the regulations and relax warranted. certain requirements. Therefore, I certify § 172.330 [Amended] B. Executive Order 12612 that this final rule will not have a 3. In § 172.330, in paragraph (a)(1)(ii), significant economic impact on a as revised at 61 FR 28676, effective The June 5, 1996 final rule, as substantial number of small entities. October 1, 1996, the wording amended herein, was analyzed in ‘‘(including words such as ‘stabilized’, accordance with the principles and D. Paperwork Reduction Act ‘inhibited’, ‘compressed’, or ‘liquefied’)’’ criteria contained in Executive Order There are no new information is removed. 12612 (‘‘Federalism’’). Federal law collection requirements in this final expressly preempts State, local, and rule. § 172.514 [Amended] Indian tribe requirements applicable to 4. In § 172.514, the following changes the transportation of hazardous material E. Regulation Identifier Number (RIN) are made: that cover certain subjects and are not A regulation identifier number (RIN) a. In the section heading, the wording substantively the same as Federal is assigned to each regulatory action ‘‘other than tank cars’’ is removed. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations 50255

b. In paragraph (a) and paragraph (b) the tank test pressure but no more than Elon- introductory text, the wording ‘‘, other 33% of the tank burst pressure. After gation in than a tank car,’’ is removed each place that date, a nonreclosing pressure relief Tensile 2 inches strength (per- it appears. device must incorporate a rupture disc (psi) cent) designed to burst at 33% of the tank Specifications welded welded PART 173ÐSHIPPERSÐGENERAL burst pressure. condi- condi- REQUIREMENTS FOR SHIPMENTS tion 1 tion 1 AND PACKAGINGS * * * * * (mini- (longitu- mum) dinal) 5. The authority citation for Part 173 § 179.15 [Amended] (mini- mum) continues to read as follows: 12. In addition, in § 179.15, the Authority: 49 U.S.C. 5102–5127; 49 CFR following changes are made: ***** 1.53. a. In the introductory text, the ASTM A285 Gr. A ...... 45,000 29 ASTM A285 Gr. B ...... 50,000 20 § 173.314 [Amended] wording ‘‘pressure relief system’’ is ASTM A285 Gr. C ...... 55,000 20 6. In § 173.314, in the paragraph (c) revised to read ‘‘pressure relief device, ASTM A515 Gr. 65 ...... 65,000 20 table, as amended at 61 FR 28677, made of material compatible with the ASTM A515 Gr. 70 ...... 70,000 20 effective October 1, 1996, in Column 3, lading,’’. ASTM A516 Gr. 70 ...... 70,000 20 the wording ‘‘120A’’ is revised to read b. In the paragraph (b) heading, the 1 Maximum stresses to be used in calcula- ‘‘120’’ each place it appears. word ‘‘valves’’ is revised to read tions. PART 174ÐCARRIAGE BY RAIL ‘‘devices’’. * * * * * c. In paragraph (b)(2)(i), the wording Issued in Washington, DC on September 7. The authority citation for Part 174 ‘‘start-to-discharge pressure’’ is revised 16, 1996, under authority delegated in 49 CFR part 1. continues to read as follows: to read ‘‘start-to-discharge pressure of a Authority: 49 U.S.C. 5101–5127; 49 CFR pressure relief device’’. Kelley S. Coyner, 1.53. Deputy Administrator, Research and Special d. In the paragraph (c) heading, the Programs Administration. 8. In § 174.24, as revised at 61 FR word ‘‘systems’’ is revised to read [FR Doc. 96–24124 Filed 9–24–96; 8:45 am] 28677, effective October 1, 1996, the ‘‘devices’’. first two sentences are revised to read as BILLING CODE 4910±60±P follows: e. In paragraph (e) introductory text, at the end of the first sentence, the § 174.24 Shipping papers. wording ‘‘nonreclosing pressure relief DEPARTMENT OF COMMERCE A person may not accept or transport valve’’ is revised to read ‘‘reclosing a hazardous material by rail unless that pressure relief valve’’. National Oceanic and Atmospheric person receives a shipping paper that Administration properly conveys the information § 179.100±7 [Amended] 50 CFR Part 660 required by part 172 of this subchapter. 13. In § 179.100–7, in the paragraph Only an initial carrier within the United (a) table, as revised at 61 FR 28679, [Docket No. 960126016±6121±04; I.D. States must receive and retain a copy of effective October 1, 1996, the following 091796A] the shipper’s certification as required by changes are made: § 172.204 of this subchapter. * * * Fisheries Off West Coast States and in a. In the first entry, ‘‘AAR TC128, Gr. the Western Pacific; West Coast § 174.85 [Amended] B’’, in the third column, the entry ‘‘20’’ Salmon Fisheries; Closure from the 9. In § 174.85, in paragraph (c), as is revised to read ‘‘19’’. Oregon-California Border to Humboldt revised at 61 FR 28678, effective b. In the second entry, ‘‘ASTM A 302, South Jetty, CA October 1, 1996, the wording ‘‘non- Gr. B’’, in the third column, the entry AGENCY: National Marine Fisheries placarded rail car’’ is revised to read ‘‘19’’ is revised to read ‘‘20’’. Service (NMFS), National Oceanic and ‘‘rail car other than a placarded tank Atmospheric Administration (NOAA), car’’. § 179.201±4 [Amended] Commerce. PART 179ÐSPECIFICATIONS FOR 14. In § 179.201–4, as amended at 61 ACTION: Closure. TANK CARS FR 28681, effective October 1, 1996, at the end of the paragraph, the wording SUMMARY: NMFS announces that the 10. The authority citation for Part 179 ‘‘ASTM Specification A 262’’ is revised commercial salmon fishery in the area continues to read as follows: from the Oregon-California border to read ‘‘ASTM Specification A 262, ° Authority: 49 U.S.C. 5101–5127; 49 CFR except that when preparing the (42 00’00’’ N. lat.) to Humboldt South Jetty, CA (40°45’53’’ N. lat.) was closed 1.53. specimen for testing the carburized at 2400 hours local time (l.t.), September 11. In § 179.15, as added at 61 FR surface may be finished by grinding or 14, 1996. The Regional Director, 28678, effective October 1, 1996, machining’’. Northwest Region, NMFS (Regional paragraph (f)(1) is revised to read as 15. In § 179.300–7, as amended at 61 Director), has determined that the follows: FR 28682, effective October 1, 1996, in commercial quota of 6,000 chinook § 179.15 Pressure relief devices. the paragraph (a) table, the following salmon has been reached. This action is * * * * * entries are added in numerical order to necessary to conform to the preseason (f) * * * read as follows: announcement of the 1996 management (1) Until October 1, 1998, a measures and is intended to ensure § 179.300±7 Materials. nonreclosing pressure relief device must conservation of chinook salmon. incorporate a rupture disc designed to (a) * * * DATES: Effective at 2400 hours l.t., burst at a pressure no less than 100% of September 14, 1996, through 2400 hours 50256 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations l.t., September 15, 1996, at which time procedures of 50 CFR 660.411, actual Act. Fishing by U.S. vessels is governed the season remains closed under the notice to fishermen of this action was by regulations implementing the FMP at terms of the preseason announcement of given prior to 2400 hours local time, 50 CFR parts 620 and 679. the 1996 management measures. September 14, 1996, by telephone In accordance with § 679.20(c)(3)(ii), Comments will be accepted through hotline number 206–526–6667 or 800– the ‘‘other rockfish’’ species group TAC October 9, 1996. 662–9825 and by U.S. Coast Guard for the Eastern Regulatory Area was ADDRESSES: Comments may be mailed to Notice to Mariners broadcasts on established by the Final 1996 Harvest William Stelle, Jr., Regional Director, Channel 16 VHF-FM and 2182 kHz. Specifications of Groundfish (61 FR Northwest Region, NMFS, 7600 Sand Because of the need for immediate 4304, February 5, 1996) as 750 metric Point Way NE., Seattle, WA 98115– action to stop the fishery upon tons (mt). 0070, or Hilda Diaz-Soltero, Regional achievement of the quota, NMFS has The Administrator, Alaska Region, Director, Southwest Region, NMFS, 501 determined that good cause exists for NMFS (Regional Administrator), has W. Ocean Blvd., Suite 4200, Long this action to be issued without determined, in accordance with Beach, CA 90802–4132. Information affording a prior opportunity for public § 679.20(d)(1), that the ‘‘other rockfish’’ relevant to this action has been comment. This action does not apply to species group TAC in the Eastern compiled in aggregate form and is other fisheries that may be operating in Regulatory Area soon will be reached. available for public review during other areas. Therefore, the Regional Administrator business hours at the Northwest Classification has established a directed fishing Regional Office or Southwest Regional allowance of 700 mt, with consideration Office. This action is authorized by 50 CFR that 50 mt will be taken as incidental 660.409 and 660.411 and is exempt from FOR FURTHER INFORMATION CONTACT: catch in directed fishing for other review under E.O. 12866. William L. Robinson, 206–526–6140, or species in the Eastern Regulatory Area. Rodney R. McInnis, 310–980–4030. Authority: 16 U.S.C. 1801 et seq. The Regional Administrator has SUPPLEMENTARY INFORMATION: Dated: September 19, 1996. determined that the directed fishing Regulations governing the ocean salmon Gary C. Matlock, allowance has been reached. Consequently, NMFS is prohibiting fisheries at 50 CFR 660.409(a)(1) state Director, Office of Sustainable Fisheries, that when a quota for the commercial or National Marine Fisheries Service. directed fishing for the ‘‘other rockfish’’ species group in the Eastern Regulatory the recreational fishery, or both, for any [FR Doc. 96–24512 Filed 9–24–96; 8:45 am] Area. salmon species in any portion of the BILLING CODE 3510±22±F fishery management area is projected by Maximum retainable bycatch amounts the Regional Director to be reached on for applicable gear types may be found or by a certain date, NMFS will, by an 50 CFR Part 679 in the regulations at § 679.20(e). inseason action issued under 50 CFR [Docket No. 960129018±6018±01; I.D. Classification 660.411, close the commercial or 091996A] recreational fishery, or both, for all This action is taken under § 679.20 salmon species in the portion of the and is exempt from OMB review under Fisheries of the Exclusive Economic E.O. 12866. fishery management area to which the Zone off Alaska; ``Other Rockfish'' quota applies as of the date the quota is Species Group in the Eastern Authority: 16 U.S.C. 1801 et seq. projected to be reached. Regulatory Area of the Gulf of Alaska Dated: September 19, 1996. In the annual management measures Gary C. Matlock, for ocean salmon fisheries (61 FR 20175, AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Director, Office of Sustainable Fisheries, May 6, 1996), NMFS announced that the National Marine Fisheries Service. 1996 commercial fishery in the area Atmospheric Administration (NOAA), [FR Doc. 96–24510 Filed 9–19–96; 5:04 pm] between the Oregon-California border Commerce. and Humboldt South Jetty, CA, would ACTION: Closure. open on September 1 and continue BILLING CODE 3510±22±F SUMMARY: NMFS is closing the directed through September 15 or attainment of fishery for the ‘‘other rockfish’’ species the 6,000 chinook salmon quota, group in the Eastern Regulatory Area of 50 CFR Part 679 whichever occurred first. The best available information on the Gulf of Alaska. This action is September 12, 1996, indicated that necessary to prevent exceeding the [Docket No. 960129018±6018±01; I.D. catch and effort data and projections ‘‘other rockfish’’ species group total 091896A] allowable catch (TAC) in the Eastern supported closure of the commercial Fisheries of the Exclusive Economic fishery in the area between the Oregon- Regulatory Area. EFFECTIVE DATE: 1200 hrs, Alaska local Zone Off Alaska; Pollock in Statistical California border and Humboldt South Area 620 of the Gulf of Alaska Jetty, CA, at midnight, September 14, time (A.l.t.), September 22, 1996, until 1996. 2400 hrs, A.l.t., December 31, 1996. AGENCY: National Marine Fisheries The Regional Director consulted with FOR FURTHER INFORMATION CONTACT: Service (NMFS), National Oceanic and representatives of the Pacific Fishery Mary Furuness, 907–586–7228. Atmospheric Administration (NOAA), Management Council, the California SUPPLEMENTARY INFORMATION: The Commerce. Department of Fish and Game, and the groundfish fishery in the GOA exclusive ACTION: Closure. Oregon Department of Fish and Wildlife economic zone is managed by NMFS regarding this closure. The State of according to the Fishery Management SUMMARY: NMFS is prohibiting directed California will manage the commercial Plan for Groundfish of the Gulf of fishing for pollock in Statistical Area fishery in state waters adjacent to this Alaska (FMP) prepared by the North 620 of the Gulf of Alaska (GOA). This area of the exclusive economic zone in Pacific Fishery Management Council action is necessary to prevent exceeding accordance with this Federal action. As under authority of the Magnuson the 1996 pollock total allowable catch provided by the inseason action Fishery Conservation and Management (TAC) in this area. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations 50257

EFFECTIVE DATE: 1200 hrs, Alaska local The 1996 pollock TAC in Statistical prohibiting directed fishing for pollock time (A.l.t.), September 19, 1996, until Area 620 was established by the Final in Statistical Area 620. 2400 hrs, December 31, 1996. 1996 Harvest Specifications of Maximum retainable bycatch amounts FOR FURTHER INFORMATION CONTACT: Groundfish (61 FR 4304, February 5, for applicable gear types may be found Mary Furuness, 907–586-7228. 1996) as 12,840 metric tons (mt). (See at § 679.20(e). SUPPLEMENTARY INFORMATION: § 679.20(c)(3).) The Classification groundfish fishery in the GOA exclusive The Administrator, Alaska Region, economic zone is managed by NMFS NMFS (Regional Administrator), has This action is taken under 50 CFR according to the Fishery Management determined, in accordance with 672.20 and is exempt from review under Plan for Groundfish of the Gulf of § 679.20(d)(1), that the 1996 pollock E.O. 12866.. Alaska (FMP) prepared by the North TAC in Statistical Area 620 soon will be Authority: 16 U.S.C. 1801 et seq. Pacific Fishery Management Council under authority of the Magnuson reached. The Regional Administrator Dated: September 19, 1996. Fishery Conservation and Management established a directed fishing allowance Gary C. Matlock, Act. Fishing by U.S. vessels is governed of 11,340 mt, and has set aside the Director, Office of Sustainable Fisheries, by regulations implementing the FMP at remaining 1,500 mt as bycatch to National Marine Fisheries Service. subpart H of 50 CFR part 600 and 50 support other anticipated groundfish [FR Doc. 96–24511 Filed 9–19–96; 5:04 pm] CFR part 679. fisheries. Consequently, NMFS is BILLING CODE 3510±22±F 50258

Proposed Rules Federal Register Vol. 61, No. 187

Wednesday, September 25, 1996

This section of the FEDERAL REGISTER compensation for masters on U.S. Great SUPPLEMENTARY INFORMATION: contains notices to the public of the proposed Lakes vessels and the compensation Background issuance of rules and regulations. The target for pilots providing service in the purpose of these notices is to give interested undesignated waters of the Great Lakes On December 11, 1995, the Secretary persons an opportunity to participate in the is the approximate average annual rule making prior to the adoption of the final of Transportation transferred rules. compensation for first mates on U.S. responsibility for administration of the Great Lakes vessels. In accordance with Great Lakes Pilotage Act from the 33 CFR 407.1(b), pilotage rates have Commandant of the U.S. Coast Guard to DEPARTMENT OF TRANSPORTATION been reviewed and it has been the Administrator of the SLSDC. This determined that pilots are not meeting transfer was effected by a final rule Saint Lawrence Seaway Development these targets. Therefore, in accordance published by the U.S. Department of Corporation with 46 U.S.C. 9303(f) the SLSDC is Transportation (DOT) in the Federal proposing to increase pilotage rates to Register on December 11, 1995 (60 FR 33 CFR Parts 404 and 407 meet these targets. The SLSDC requests 63444). Among the responsibilities comments on these proposed Seaway Regulations and Rules: Great transferred by this final rule was the amendments and intends to conduct a Lakes Pilotage Rates responsibility for setting Great Lakes public hearing. The purpose of this pilotage rates. On May 9, 1996, the DOT AGENCY: Saint Lawrence Seaway hearing is to gather information relating published a final rule in the Federal Development Corporation, DOT. to this rulemaking and to permit Register (61 FR 21081), which was ACTION: Notice of proposed rulemaking responses by interested persons to originated and initially drafted when and hearing. material filed in this docket. Great Lakes pilotage functions were DATES: Any party wishing to present administered by the U.S. Coast Guard. SUMMARY: The Saint Lawrence Seaway views on the proposed amendments The final rule made the Department’s Development Corporation (SLSDC) is may file comments with the SLSDC on final changes to the methodology used proposing to amend the Great Lakes or before November 12, 1996. to set Great Lakes pilotage rates. Pilotage Regulations by increasing Great The SLSDC intends to conduct a This rulemaking represents the first Lakes Pilotage Rates by: 6% in Area 1; public hearing on October 22, 1996, time the new methodology is being used 20% in Area 2; 7% in Area 4; 35% in which will begin at 10 a.m. and last to set Great Lakes pilotage rates. This Area 5; 11% in Area 6; 44% in Area 7; until all comments have been heard, or rulemaking proposes the first full rate 12% in Area 8; and 17% for mutual until 3 p.m. review since 1987, and the first rate rates. The proposed pilotage rate ADDRESSES: Send comments to Marc C. adjustment since 1992. The magnitude adjustments are different in each area Owen, Chief Counsel, Saint Lawrence of the rate adjustments proposed by this because the rates have not been set on Seaway Development Corporation, 400 rulemaking are due to the nine-year an area-by-area basis since 1967. In the Seventh Street, SW., Suite 5424, interval since the last full ratemaking interim years pilotage rates were Washington, DC 20590. review. The new ratemaking increased by a single percentage across The hearing will be held at the methodology requires that pilotage rates areas and this led to disparities between Crowne Plaza at Detroit Metro Airport, be reviewed at least once a year. This areas and between districts. The rates 8000 Merriman Road, Romulus, MI. yearly review is considered an proposed above were calculated by FOR FURTHER INFORMATION CONTACT: improvement that will, over time, serve applying the same formulas uniformly Scott A. Poyer, Chief Economist, Saint to avoid fluctuations in pilot to each area. Lawrence Seaway Development compensation and avoid large changes The increase in Great Lakes pilotage Corporation, Office of Great Lakes in pilotage rates. rates is necessary because pilot Pilotage, United States Department of This rulemaking follows the compensation has fallen below Transportation, 400 7th Street SW., methodology detailed in 33 CFR Part established compensation targets. In Suite 5424, Washington, DC 20590, 407 and in particular the step-by-step accordance with Step 2 of Appendix A room 5421, 1–800–785–2779, or Marc C. ratemaking calculations contained in to 33 CFR part 407, the compensation Owen, Chief Counsel, Saint Lawrence Appendix A to Part 407. These step-by- target for pilots providing service in the Seaway Development Corporation, 400 step calculations for each pilotage area designated waters of the Great Lakes is Seventh Street, SW., Suite 5424, are summarized in the following tables the approximate average annual Washington, DC 20590, (202) 366–6823. and explained in more detail afterwards:

TABLE A

Area 1, St. Lawrence Area 2, Lake Total, district 1 River Ontario

Step 1: Projection of operating expenses ...... $215,313 $155,916 $371,229 Step 2: Projection of target pilot compensation ...... $969,052 $461,450 $1,430,502 Step 3: Projection of revenue ...... $1,129,235 $522,059 $1,651,294 Step 4: Calculation of investment base ...... $135,076 $97,814 $232,890 Step 5: Determination of target rate of return on investment ...... 7.72% 7.72% 7.72% Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Proposed Rules 50259

TABLE AÐContinued

Area 1, St. Lawrence Area 2, Lake Total, district 1 River Ontario

Step 6: Adjustment determination ...... $1,194,793 $624,918 $1,819,711 Step 7: Adjustment of pilotage rates ...... 1.06 1.20 1.10

TABLE B

Area 5, South Area 4, Lake East Shoal to Total, Erie Port Huron, MI district 2

Step 1: Projection of operating expenses ...... $355,562 $580,127 $935,689 Step 2: Projection of target pilot compensation ...... $461,450 $1,107,488 $1,568,938 Step 3: Projection of revenue ...... $776,886 $1,267,552 $2,044,438 Step 4: Calculation of investment base ...... $100,885 $164,603 $265,488 Step 5: Determination of target rate of return on investment ...... 7.72% 7.72% 7.72% Step 6: Adjustment determination ...... $828,600 $1,706,522 $2,535,122 Step 7: Adjustment of pilotage rates ...... 1.07 1.35 1.24

TABLE C

Area 6, Lakes Huron and Area 7, St. Area 8, Lake Total, Michigan Mary's River Superior district 3

Step 1: Projection of operating expenses ...... $499,286 $103,027 $198,130 $800,443 Step 2: Projection of target pilot compensation ...... $922,900 $276,872 $369,160 $1,568,932 Step 3: Projection of revenue ...... $1,284,531 $265,062 $509,735 $2,059,328 Step 4: Calculation of investment base ...... $75,488 $15,577 $29,956 $121,021 Step 5: Determination of target rate of return on investment ...... 7.72% 7.72% 7.72% 7.72% Step 6: Adjustment determination ...... $1,428,014 $381,102 $569,602 $2,378,718 Step 7: Adjustment of pilotage rates ...... 1.11 1.44 1.12 1.16

As summarized in the tables A, B and explanation of the calculations in each to the Director of the Great Lakes C above, the SLSDC proposes to amend step is as follows: Pilotage (the Director), in accordance the pilotage rates found in 33 CFR with 33 CFR § 406.300. 404.405–404.410 by increasing basic Step 1: Projection of Operation Step 1.B.—Determination of pilotage rates by: 6% in Area 1; 20% in Expenses Recognizable Expenses Area 2; 7% in Area 4; 35% in Area 5; Step 1.A.—Submission of Financial 11% in Area 6; 44% in Area 7; and 12% Information To aid the Director in determining in Area 8. For the pilotage rates in 33 which expenses reported by the CFR 404.420, 404.425 and 404.428, The first step in determining the Associations will be recognized for which are paid in all pilotage areas, the amount of operating expenses that will ratemaking purposes, the Director hired SLSDC proposes to increase these rates be allowed in pilotage rates is to gather an independent Certified Public by 17% which is the aggregate increase financial data from each of the three Accounting (CPA) firm to review the for pilotage rates in all areas. Great Lakes pilot associations (the expenses reported by the Associations The calculations summarized in the Associations). For 1995, the using the guidelines contained in 33 tables A, B and C above follow the step- Associations each obtained an audit by CFR 407.05. The results of the audits by-step instructions in 33 CFR Part 407 an independent Certified Public and the Director’s determinations are as Appendix A. A more detailed Accountant and submitted these audits follows:

District 1 District 2 District 3

Total reported expenses ...... $264,790 $1,118,862 $868,731 Proposed adjustments (independent CPA firm) ...... 34,490 (321,774) (8,750) Director's adjustments ...... 16,000 110,819 36,797 Total recognized expenses ...... 315,280 907,907 896,778

The reports of the independent CPA Director’s corresponding adjustments deficiencies; (3) reimbursed expenses; firm details its proposed expense where appropriate. (4) expenses not necessary for the adjustments. The following is a Adjustments made to the reported provision of pilotage services; (5) summary of the major findings and expenses can be divided into six expenses related to lobbying; and (6) proposed adjustments, along with the categories: (1) equalization between Associations; (2) recordkeeping 50260 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Proposed Rules expenses which do not conform to include reimbursement from one discharged from the training program Internal Revenue Service guidelines. Association to another for shared pilot for cause, which directly affects the Equalization between Associations is boat and dispatch, reimbursement from quality of service and safety. While it is necessary because each Association is ships for tug boat use and reasonable to expect the public to share organized differently. The District 1 and reimbursement from Canadian pilotage the burden of the costs of services 3 Associations are organized as operations for shared administrative provided that have been incurred by the associations/partnerships, whereas the expenses. These are legitimate business Associations by passing those costs District 2 Association is organized as a expenses but they are paid by other through the pilotage rate charged, it is corporation. Because of this difference, Associations or other parties, not by not reasonable to pass on the costs of the District 2 Association pays for Social basic pilotage rates, and should litigation over an issue that has no Security taxes, Medicare taxes, therefore not be used in the calculation discernable, direct effect on the actual insurance and travel expenses out of of pilotage rates for the Association provision of pilotage services to that corporate funds while in the District 1 being reimbursed. The independent public. These costs therefore are being and 3 Associations these expenses are CPA firm recommended $32,746 be disallowed for the purposes of paid directly by the pilots themselves. deducted from District 1, $192,825 be establishing the rate base ($34,411 in Since these taxes, insurance and travel deducted from District 2 and $112,812 District 1, $465 in District 2 and $74,733 expenses are legitimate business be deducted from District 3. The in District 3). expenses that should be recognized for Director agrees with the independent In addition to the costs associated ratemaking purposes, funds for these CPA firm’s findings and these funds expenses have been added to the with the litigation over redelegation of have been deducted from the rate base, pilotage functions, the independent expense base for Districts 1 and 3 except for $34,952 which the Director ($103,519 for District 1 and $203,986 for CPA firm also recommended an has added back into the expense base additional $60,585 be deducted from District 3). for District 2 because the independent Recordkeeping deficiencies were District 2 and $866 be deducted from CPA firm counted three years of District 3 for expenses that were not reported by the independent CPA firm Workers Compensation refunds instead for the District 2 and District 3 necessary or reasonable for the of counting only one year’s refund. This provision of pilotage service. Included Associations. In District 2 inadvertent miscalculation is corrected contemporaneous logs were not kept for in these expenses are overcharges for by the Director’s addition of the leases, charitable contributions, automobile expenses or credit card/ $34,952. travel expenses, while in District 3 donations, uniforms and expenses for contemporaneous logs were not kept for Expenses that were not necessary for business promotion, none of which are automobile expenses. Because of these the provision of pilotage service are necessary for the provision of pilotage recordkeeping deficiencies, the disallowed for ratemaking purposes. service by a government regulated independent CPA firm recommended Under 33 CFR 407.5(a)(1) of the Great monopoly. The Director agrees with disallowing $59,867 from District 2 and Lakes Pilotage Ratemaking regulations, these findings and these expenses have $20,797 from District 3. The Director ‘‘[e]ach expense item included in the been deducted from the rate base. agrees that undocumented expenses rate base is evaluated to determine if it The independent CPA firm should not be allowed for ratemaking is necessary for the provision of pilotage recommended that $1,872 be deducted purposes. However, since these service’’ and ‘‘expense items that the from District 1, $3,456 be deducted from recordkeeping practices were allowed in Director determines are not reasonable District 2, and $3,528 be deducted from the past and there is no question that and necessary for the provision of District 3 for that portion of dues which these types of expenses are necessary for pilotage services will not be recognized go toward lobbying expenses. The the provision of pilotage services, the for ratemaking purposes.’’ The largest Director has deducted these expenses Director has reinstated these expenses portion of expenses that the from the rate base in accordance with 33 into the rate base with the provision that independent CPA firm believes fit in CFR 407.5(a)(8)(ii). each Association will address these this category are costs resulting from the The independent CPA firm discrepancies before the next full rate legal challenge by two Associations to recommended that $4,576 be deducted review. The Director is basing this the transfer of Great Lakes Pilotage from District 2 for per diem expenses decision on Step 1(1) of Appendix A to oversight functions by the Secretary of that were in excess of IRS per diem Part 407 which states that ‘‘the Director Transportation from the Commandant of guidelines, as per 33 CFR forecasts the amount of fair and the Coast Guard to the Administrator of 407.5(a)(2)(iii). The Director agrees with reasonable operating expenses that the SLSDC, together with the funding pilotage rates should recover.’’ The and staff. The transfer did not affect the these findings and the corresponding Director believes it is fair and substantive rules regarding the expenses have been deducted from the reasonable to give the Associations an provision of pilotage services. These rate base. opportunity to correct recordkeeping litigation costs are distinguishable from During the Seaway Safety Summit deficiencies discovered during audits. expenses that are directly related to the held on August 6, 1996, each And in reply to the audit findings, each provision of those services, such as the Association requested that the Director Association is taking steps to correct cost of transportation to and from add funds to each Association’s expense perceived recordkeeping deficiencies vessels or the labor of the pilots, from base for the purpose of purchasing that were discovered by the which the public derives a direct portable Electronic Chart Display independent CPA firm. benefit. The latter are costs that, if they Information Systems (ECDIS). This With regard to reimbursed expenses, were not incurred, would affect the equipment uses the Differential Global the independent CPA firm found that level of service to the public, while the Positioning Satellite (DGPS) system to some expenses for each Association are former are not. Additionally, some legal help mariners locate their exact reimbursed by various parties and expenses which are directly related to positions. ECDIS/DGPS systems are recommended that these expenses not the provision of pilot services are being used by other pilot associations in be counted in the expense base for each allowed, such as the expense of the United States. The Director Association. Examples of these expenses defending a suit by an applicant pilot reviewed the request and is allowing Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Proposed Rules 50261

$16,000 per Association for the Step 1.D.—Projection of Operating Step 2.B.—Determination of Number of purchase, test and evaluation of two Expenses Pilots Needed portable ECDIS/DGPS system per Association. The final step in determining what The number of pilots needed is During the audit of Association Association operating expenses are determined by dividing the projected expenses, each Association requested included in rate calculations consists of bridge hours for each area by the work expenses be allowed in advance for projecting Association expenses forward hour targets for each area, i.e., 1,000 items that they had not yet purchased. to the rate period and apportioning hours in designated waters and 1,800 Examples of these items include District-wide expenses to each area hours in undesignated waters. Pilot funding for applicant trainees, within that District. In this way the Bridge hours are projected based on the continuing education, establishment of pilotage charges in each area will more vessel traffic that those pilots are a capital improvement/replacement accurately reflect the expected cost of expected to serve. The detailed 1996 account, and purchase of a new pilot service in that area. A description of the vessel traffic and bridge hour boat in District 1. All of these items may pilotage areas is found in 33 CFR projections are in the docket and are be considered in future ratemakings. At 407.10(b). For this rulemaking, available for inspection. In summary, this time, however, there has been no Association expenses were adjusted by the SLSDC used four sources to project agreement between the Director and the multiplying the pilotage hour projection vessel traffic and bridge hours. These Associations on whether or how much for each district, as determined in step sources were industry survey results, to fund these items, therefore it would 2.B., below, by the aggregate percentage commodity prices, mathematical be premature to include funds for these of Association expenses that change in modeling and current bridge hour items in this rulemaking. response to a change in pilotage hours. levels. The projections for 1996 are for Step 1.C.—Adjustment for Inflation or Analysis indicates about 57% of a 25% increase in bridge hours in Deflation Association expenses are affected by a District 1, no change in District 2 and a change in pilotage hours. For instance, 25% decrease in District 3. The major The total recognized expenses for in District 1 pilotage hours are projected differences in the predicted traffic in each Association were increased by to increase 25% (see Step 2.B.), which each District is due to the effects of the 3.06% to adjust Association expenses is multiplied by 57% to project that current grain shortage. Grain becomes a for inflation. The 3.06% adjustment is District 1’s operating expenses should bigger proportion of cargoes as one based on the 1995 change in the increase 14% in response to the travels west on the Great Lakes. Grain consumer price index (CPI) for the projected increase in pilotage hours. North Central region of the United supplies this year have been lower than Then, District-wide expenses were in past years due to bad weather. States. This measure of inflation is in apportioned to each area according to wide usage throughout the United States Applying this analysis to pilot bridge the number of pilots in that area, as hours, it is projected that in 1996, Area and is a generally accepted method for determined in Step 2.B., below. For adjusting for inflation. Appendix A, 1 will require the equivalent of 7 pilots, instance, District 1 is calculated to need Step 1.C., details another measure Area 2 will require the equivalent of 5 seven pilots in Area One and five pilots which consists of creating a separate pilots, Area 4 will require the equivalent in Area Two, therefore Area One was inflation index for each Association. It of 5 pilots, Area 5 will require the is proposed that Step 1.C. be amended assigned 58% of the expenses for the equivalent of 8 pilots, Area 6 will to discontinue this alternative measure District and Area Two was assigned require the equivalent of 8 pilots, Area for three reasons. First, there is no 42% of the expenses for the District. 7 will require the equivalent of 2 pilots reason to believe that the inflation The resultant Projection of Operating and Area 8 will require the equivalent experienced by Great Lakes pilots is any Expenses are displayed in the first row of 4 pilots. The term ‘‘equivalent’’ is different from that experienced by of Tables A, B and C, above. used because the actual assignment of everyone else in that area of the United Step 2: Projection of Target Pilot pilots to each area varies according to States. Second, the creation of a separate Compensation the needs of vessel traffic. index for each Association is The Director proposes the equivalent counterproductive to the goal of treating Step 2.A.—Determination of Target Rate each Association equally. Third, in of Compensation of 10 pilots for Area 6 to cushion the order to implement this alternative effect of this year’s rapid decrease in measure the 1995 independent CPA For pilots providing service in bridge hours in that area. As of June 30, firm audits would have to be compared undesignated waters the target rate of 1996, pilot bridge hours were 42.80% to 1994 independent CPA firm audits. compensation is equal to the yearly lower in District 3 compared with the There are no 1994 independent CPA compensation earned by first mates on same period last year, with Area 6 firm audits because this is the first time U.S. Great Lakes vessels. Information losing the most pilots as a result. this rate methodology has been from the American Maritime Officers Decreases in traffic should lead to implemented and the first time the Union and Great Lakes Ship Operating decreases in pilot numbers. However, independent CPA firm was hired was Companies indicates that this current this year’s extraordinary decrease is for the 1995 audits. Completion of 1994 rate is $92,290, which covers all wages believed to be related to the shortage of independent CPA firm audits would and compensation received including: grain cargoes at the beginning of 1996. lead to a substantial delay in this work days; vacation pay; weekend pay; This problem is not expected to rulemaking. Given the ready availability holiday pay; bonus; clerical pay; continue into next year, so reducing the of an acceptable measure of inflation, it medical benefits; and pension number of pilots rapidly this year would would not be fair and reasonable to contribution. For pilots providing lead to a shortage of pilots next year. delay the ratemaking over this limited service in Designated Waters the target That is why the Director believes it is issue. Therefore, the same inflation rate of compensation is 1.5 times first prudent to allow for 10 pilots in Area index (3.06%) was applied to each mate compensation, which is calculated 6. Association. to be $138,435. 50262 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Proposed Rules

Step 2.C.—Projection of Target Pilot equal to the previous year’s average Minister of Transport of Canada have Compensation annual rate of return for new issues of signed a Memorandum of Agreement Multiplying the target compensation high grade corporate securities. concerning Great Lakes Pilotage dated for each area by the number of pilots in Step 6: Adjustment Determination January 18, 1977, section 7 of which each area, the target pilot compensation provides for the establishment of The adjustment determination is identical rates, charges and any other for each area is determined and made using the numbers listed above displayed in Tables A, B and C, above. conditions or terms of service of pilots and following the formula found in Step in the waters of the Great Lakes. Step 3: Projection of Revenue 6 of Appendix A to 33 CFR Part 407. The results of this formula are found in This proposed regulation has also Step 3.A.—Projection of Revenue Tables A, B and C listed above. been evaluated under the Department of Pilotage Revenue was projected by Transportation’s Regulatory Policies and multiplying the revenue earned by each Step 7: Adjustment of Pilotage Rates Procedures and the proposed regulation Association in 1995 by the change in The adjustments to pilotage rates in is considered to be substantive but traffic projected for each Association. each area are determined by multiplying nonsignificant under those procedures. The result for each District was divided the current pilotage rates in those areas All previous pilotage rate rulemakings among the pilotage areas based on the by the rate multiplier. The rate have been considered nonsignificant number of pilots in each area. multiplier is calculated by dividing the except for the interim pilotage rate revenue needed (from step 6) by the Step 4: Calculation of Investment Base adjustment of June 5, 1992, (57 FR projected revenue (from step 3) for each 23955). This interim adjustment was The Investment Base was calculated area. The results are listed in Tables A, necessary because a new rate for each Association during the analysis B and C above. The SLSDC proposes to methodology was being designed and performed by the independent CPA firm amend the pilotage rates in 33 CFR was significant because the interim rate hired by the Director. The results of 404.405–410 with the rates obtained by adjustment was put in before the those calculations are contained in the multiplying the current pilotage rates methodology was completed. The rate reports of the CPA firm, which are in times the rate multiplier calculated for methodology has now been completed the docket. The Investment Base for each pilotage area. and 33 CFR § 407.1(b) requires that each Association was calculated to be: The SLSDC also proposes to change pilotage rates be reviewed annually. $232,890 in District 1; $265,488 in the format for how pilotage rates are The economic impact of this District 2; and $119,823 in District 3. presented. Instead of the current format rulemaking is expected to be minimal so The District 1 and 2 Associations also which describes basic pilotage fees in a that a full economic evaluation is not had affiliated/related companies and the paragraph format in 33 CFR 404.405 and Investment Base for these companies 404.410, the SLSDC proposes to list warranted. Fees for Great Lakes was also calculated, but it was not used pilotage fees in three easier to-read, registered pilotage service are paid in the ratemaking because it was found point-to-point tables which will become almost exclusively by foreign vessels. that both of these companies were §§ 404.405, 404.407 and 404.410, Therefore, the effect of the proposed profitable and were already earning a respectively. This format has the increase in Great Lakes pilotage rates return on investment which was within advantages of being more complete and will be borne almost exclusively by the range of reasonableness. If the less confusing than the old format. foreign vessels operators, not U.S. Investment Base from these companies Pilotage charges are grouped by entities. were also counted in the calculation of geographic area in roughly east-to-west Regulatory Flexibility Act pilotage rates, this would result in an order rather than by Designated Waters Determination unfair double-counting of assets for and Undesignated Waters. Also, pilotage return purposes. charges which had to be inferred under The SLSDC certifies that this Step 5: Determination of Target Rate of the old format are specifically listed in proposed regulation, if adopted, would Return on Investment the new format, such as the charge from not have a significant economic impact Detour to Sault St. Marie, Michigan. The on a substantial number of small The rate of return on investment (ROI) proposed format and charges are entities. As discussed above under for 1996 was set at 7.72%. This is the presented below in 33 CFR 404.405, ‘‘Regulatory Evaluation,’’ the SLSDC 1995 average annual rate for new issues 404.407 and 404.410. expects the impact of this proposed rule of high grade corporate securities as The SLSDC also proposes to amend to be minimal. Also, since the vast determined by the Market Finance 33 CFR 404.400(a) and 404.405 by majority of pilotage fees are paid by Division of the Department of Treasury. adding a metric equivalent to the foreign vessels, any resulting costs will Section (2) of Appendix A to 33 CFR current rates which list measurements be borne almost exclusively by foreign Part 407 indicates that the rate of return in feet and miles. This addition is made vessel operators. will be calculated based on ‘‘the most to make pilotage rates easier to recent return on stockholder’s equity for understand for the international Environmental Impact a representative cross section of community. transportation industry companies.’’ At This proposed regulation does not the time the Great Lakes Pilotage Regulatory Evaluation require an environmental impact Ratemaking Methodology was written, This proposed regulation involves a statement under the National this data was available from the U.S. foreign affairs function of the United Environmental Policy Act (49 U.S.C. Bureau of Economic Analysis (BEA). States and therefore, Executive Order 4321, et seq.) because it is not a major However, due to downsizing and 12866 does not apply. The Great Lakes federal action significantly affecting the restructuring of the Federal Pilotage Act (46 U.S.C. 9305) provides quality of the human environment. Government, the BEA no longer keeps for agreements with the appropriate Federalism this information. Therefore, the SLSDC agency of Canada to prescribe joint or proposes to amend Section (2) of identical pilotage rates and charges. The The Corporation has analyzed this Appendix A to set the rate of return Secretary of Transportation and the proposal under the principles and Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Proposed Rules 50263 criteria in Executive Order 12612 and § 404.400 Calculation of pilotage units and Service St. Lawrence River has determined that this proposal does determination of weighing factors. not have sufficient federalism * * * * * Harbor movage ...... $547.1 implications to warrant the preparation (a) Pilotage unit computation: 1 The minimum basic rate for assignment of of a Federalism Assessment. Pilot Unit=(Length×Breadth×Depth)/ a pilot in the St. Lawrence River is $364 and 283.17 (measured in meters) the maximum basic rate for a through trip is List of Subjects in 33 CFR Parts 404 and $1,597. 407 Pilot Unit=(Length×Breadth×Depth)/ 10,000 (measured in feet) (b) Area 2 (Undesignated Waters): Administrative practice and procedure, Great Lakes, Navigation * * * * * Service Lake (water), Penalties, Reporting and 3. Section 404.405 is revised to read Ontario recordkeeping requirements, Seamen. as follows: Six-hour period ...... $332 For reasons set out in the preamble, § 404.405 Basic rates and charges on the Docking/undocking ...... $317 the SLSDC proposes to amend Part 404 St. Lawrence River and Lake Ontario. and 407 of Title 33 of the Code of Except as provided in § 404.420, the 4. Section 404.407 is added to read as Federal Regulations as follows: following basic rates are payable for all follows: PART 404Ð[AMENDED] services and assignments performed by § 404.407 Basic rates and charges on Lake U.S. registered pilots in the St. Erie and the navigable waters from 1. The authority citation for part 404 Lawrence River and Lake Ontario: Southeast Shoal to Port Huron, MI. continues to read as follows: (a) Area 1 (Designated Waters): Except as provided in § 404.420, the Authority: 46 U.S.C. 6101, 7701, 8105, following basic rates are payable for all 9303, 9304; 49 CFR 1.45, 1.52. 33 CFR Service St. Lawrence River services and assignments performed by 404.105 also is issued under the authority of U.S. registered pilots on Lake Erie and 44 U.S.C. 3507. Basic pilotage ...... $7.74 1 per kilometer or $12.47 1 per the navigable waters from Southeast 2. Section 404.400(a) is revised to mile. Shoal to Port Huron, MI: read as follows: Each lock transited ... $166.1 (a) Area 4 (Undesignated Waters):

Lake Erie (East of Service Southeast Buffalo Shoal)

Six Hour Period ...... $345 $345 Docking/Undocking ...... $265 $265 Any Point on the Niagara River below the Black Rock Lock ...... N/A $677

(b) Area 5 (Designated Waters):

Toledo or any port on Southeast Lake Erie Detroit Detroit Pilot St. Clair Any point on/in Shoal west of River Boat River Southeast Shoal

Toledo or any port on Lake Erie west of Southeast Shoal ...... $1,018 $601 $1,322 $1,018 N/A Port Huron Change Point ...... 1 1,773 1 2,053 1,332 1,035 737 St. Clair River ...... 1 1,773 N/A 1,332 1,332 601 Detroit or Windsor or the Detroit River ...... 1,018 1,322 601 N/A 1,332 Detroit Pilot Boat ...... 737 1,018 N/A N/A 1,332 1 When pilots are not changed at the Detroit Pilot Boat.

5. Section 404.410 is revised to read services and assignments performed by Service Lakes Huron as follows: U.S. registered pilots on Lakes Huron, and Michigan Michigan and Superior and the St. § 404.410 Basic rates and charges on Mary’s River: Six-hour period ...... $279 Lakes Huron, Michigan and Superior and Docking/undocking ...... $265 the St. Mary's River. (a) Area 6 (Undesignated Waters): Except as provided in § 404.420, the following basic rates are payable for all

(b) Area 7 (Designated Waters):

Area Detour Gros Cap Any Harbor

Gros Cap ...... $1,788 N/A N/A Algoma Steel Corporation Wharf at Sault Ste. Marie, Ontario ...... $1,788 $674 N/A Any point in Sault Ste. Marie, Ontario except the Algoma Steel Corporation Wharf ...... $1,500 $674 N/A Sault Ste. Marie, Michigan ...... $1,500 $674 N/A 50264 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Proposed Rules

Area Detour Gros Cap Any Harbor

Harbor Movage ...... N/A N/A $674

(c) Area 8 (Undesignated Waters): whichever is later, a charge calculated Issued at Washington, D.C. on September on a basic rate of $54 for each hour or 17, 1996. Service Lake part of an hour including the first hour, Saint Lawrence Seaway Development Superior with a maximum basic rate of $851 for Corporation. each 24 hour period. Gail C. McDonald, Six Hour Period ...... $281 Administrator. Docking/Undocking ...... $268 § 404.425 [Amended] [FR Doc. 96–24489 Filed 9–24–96; 8:45 am] 7. Section 404.425 is amended by 6. Section 404.420 is revised to read replacing the term ‘‘§§ 404.405, 404.410, BILLING CODE 4910±61±P as follows: and 404.420’’ with the term ‘‘§§ 404.405, § 404.420 Cancellation, delay or 404.407, 404.410 and 404.420’’. 8. Section 404.428 is revised to read interruption in rendition of services. DEPARTMENT OF VETERANS as follows: (a) Except as provided in this section, AFFAIRS whenever the passage of a ship is § 404.428 Basic rates and charges for interrupted and the services of a U.S. carrying a U.S. pilot beyond normal change 38 CFR Part 3 pilot are retained during the period of point or for boarding at other than the the interruption or when a U.S. pilot is normal boarding point. RIN 2900±AI00 detained on board a ship after the end If a U.S. pilot is carried beyond the of an assignment for the convenience of normal change point or is unable to Claims Based on Exposure to Ionizing the ship, the ship shall pay an board at the normal boarding point, the Radiation (Prostate Cancer and Any additional charge calculated on a basic ship shall pay at the rate of $329 per day Other Cancer) rate of $54 for each hour or part of an or part thereof, plus reasonable travel hour during which each interruption or expenses to or from the pilot’s base. AGENCY: Department of Veterans Affairs. detention lasts with a maximum basic These charges are not applicable if the ACTION: Proposed rule. rate of $851 for each continuous 24 hour ship utilizes the services of the pilot period during which the interruption or beyond the normal change point and the SUMMARY: This document proposes to detention continues. There is no charge ship is billed for these services. The amend the Department of Veterans for an interruption or detention caused change points to which this section Affairs (VA) adjudication regulations by ice, weather or traffic, except during applies are designated in § 404.450. concerning compensation for diseases the period beginning the 1st of claimed to be the result of exposure to December and ending on the 8th of the PART 407Ð[AMENDED] ionizing radiation. This would following April. No charge may be made 9. The authority citation for Part 407 implement a decision by the Secretary for an interruption or detention if the continues to read as follows: of Veterans Affairs that based on all total interruption or detention ends Authority: 46 U.S.C. 8105, 9303, 9304; 49 evidence currently available to him during the 6 hour period for which a CFR 1.52. prostate cancer and any other cancers charge has been made under are ‘‘radiogenic diseases.’’ The intended §§ 404.405–404.410. 10. Appendix A to Part 407, Step 1.C. affect of this action is to add these (b) When the departure or movage of and Step 5(2) are revised to read as conditions to the list of radiogenic a ship for which a U.S. pilot has been follows: diseases for service-connected ordered is delayed for the convenience Appendix A to Part 407—Ratemaking compensation purposes. of the ship for more than one hour after Analyses and Methodology the U.S. pilot reports for duty at the DATES: Comments must be received on * * * * * designated boarding point or after the or before November 25, 1996. time for which the pilot is ordered, Step 1.C.—Adjustment for Inflation or Deflation ADDRESSES: Mail or hand deliver written whichever is later, the ship shall pay an comments to: Director, Office of additional charge calculated on a basic (1) In making projections of future Regulations Management (02D), rate of $54 for each hour or part of an expenses, expenses that are subject to inflationary or deflationary pressures are Department of Veterans Affairs, 810 hour including the first hour of the adjusted. Costs not subject to inflation or Vermont Avenue, NW, Room 1154 delay, with a maximum basic rate of deflation are not adjusted. Annual cost Washington, DC 20420. Comments $851 for each continuous 24 hour inflation or deflation rates will be projected should indicate that they are in period of the delay. to the succeeding navigation season, response to ‘‘RIN 2900–AI00.’’ All (c) When a U.S. pilot reports for duty reflecting the gradual increase or decrease in written comments received will be as ordered and the order is cancelled, costs throughout the year. The inflation available for public inspection at the the ship shall pay: adjustment will be based on the preceding year’s change in the Consumer Price Index above address in the Office of (1) A cancellation charge calculated for the North Central Region of the United Regulations Management, Room 1158, on a basic rate of $322; States. between the hours of 8 a.m. and 4:30 (2) A charge for reasonable travel * * * * * p.m., Monday through Friday (except expenses if the cancellation occurs after Step 5: * * * holidays). the pilot has commenced travel; and (2) The allowed Return on Investment (3) If the cancellation is more than (ROI) is based on the preceding year’s FOR FURTHER INFORMATION CONTACT: John one hour after the pilot reports for duty average annual rate of return for new issues Bisset, Jr., Consultant, Program at the designated boarding point or after of high grade corporate securities. Management Staff, Compensation and the time for which the pilot is ordered, * * * * * Pension Service, Veterans Benefits Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Proposed Rules 50265

Administration, 810 Vermont Avenue, such as age at the time of exposure. (xxiv) Any other cancer. NW., Washington, DC 20420, telephone After reviewing this recommendation, * * * * * (202) 273–7213. the Secretary has preliminarily [FR Doc. 96–24521 Filed 9–24–96; 8:45 am] determined that an association exists SUPPLEMENTARY INFORMATION: The BILLING CODE 8320±01±P Veterans’ Dioxin and Radiation between radiation exposure and any Exposure Compensation Standards Act, other cancer not listed at 38 CFR Pub. L. 98–542, required VA to develop 3.311(b)(2). FEDERAL MARITIME COMMISSION regulations establishing standards and The Secretary hereby certifies that criteria for adjudicating veterans’ claims this regulatory amendment will not 46 CFR Part 540 for service-connected compensation for have a significant economic impact on diseases claimed to be the result of a substantial number of small entities as [Docket No. 94±06] exposure to ionizing radiation. In they are defined in the Regulatory response to that requirement, VA has Flexibility Act (RFA), 5 U.S.C. 601–612. Financial Responsibility Requirements defined the term ‘‘radiogenic disease’’ to The reason for this certification is that for Nonperformance of Transportation mean a disease that may be induced by these amendments would not directly AGENCY: Federal Maritime Commission. ionizing radiation and established a list affect any small entities. Only VA of diseases that satisfy that definition at beneficiaries could be directly affected. ACTION: Further Notice of Proposed 38 CFR 3.311(b)(2). That list is not an Therefore, pursuant to 5 U.S.C. 605(b), Rulemaking; Extension of time to exclusive list, however, and since 1985 these amendments are exempt from the Comment. VA has added a number of conditions initial and final regulatory flexibility SUMMARY: The proposed rule in this to it. analysis requirements of section 603 proceeding (61 FR 33059, June 26, 1996) When the Secretary determines that a and 604. would, inter alia, remove the current significant statistical association exists (The Catalog of Federal Domestic between exposure to ionizing radiation $15 million coverage ceiling for Assistance program numbers are 64.109 and nonperformance of transportation by and any disease under the standards 64.110.) established at 38 CFR 1.17, VA adds that passenger vessel operators, and replace disease to the list of radiogenic diseases List of Subjects in 38 CFR Part 3 the ceiling with sliding-scale coverage found at 38 CFR 3.311(b)(2). Before requirements keyed to passenger vessel Administrative practice and making such a determination, the operators’ financial rating length of procedure, Claims, Disability benefits, Secretary receives the advice of the operation in United States trades and Health care, Pensions, Veterans, Veterans Advisory Committee on satisfactory explanation of claims for Vietnam. Environmental Hazards (VACEH) based nonperformance of transportation. Sixty on its evaluation of scientific and Approved: June 4, 1996. days originally was provided for medical studies. Jesse Brown, comment and a 30-day extension subsequently was granted. The Maritime On April 25–26, 1995, the VACEH Secretary of Veterans Affairs. Administration now requests an held a public meeting in Washington, additional 30 days for comment. Upon DC, and reviewed 53 medical and For the reasons set forth in the consideration of this request a further scientific studies having to do with preamble, 38 CFR part 3 is proposed to extension is granted but, in view of the radiation exposure and subsequent be amended as follows: total amount of time already provided development of disease. Based upon its PART 3ÐADJUDICATION for comment, the extension is limited to assessment of those studies and the 20 days. scientific literature that it had Subpart AÐPension, Compensation, DATES: Comments due on or before previously reviewed and deemed to be and Dependency and Indemnity October 15, 1996. valid, the VACEH concluded that it Compensation would be appropriate to consider ADDRESSES: Send comments (original prostate cancer as being associated with 1. The authority citation for part 3, and fifteen copies) to: 1 Joseph C. radiation exposure for purposes of VA’s subpart A continues to read as follows: Polking, Secretary, Federal Maritime compensation system. Based on that Commission, 800 North Capitol, St., recommendation, the Secretary has Authority: 38 U.S.C. 501(a), unless NW, Washington, DC 20573–0001, (202) otherwise noted. preliminarily determined that an 523–5725. association exists between radiation 2. In § 3.311, paragraph (b)(2)(xxi) is FOR FURTHER INFORMATION CONTACT: exposure and prostate cancer. amended by removing ‘‘and’’; and Bryant L. VanBrakle, Director, Bureau of In response to a request from the paragraph (b)(2)(xxii) is amended by Tariffs Certification and Licensing, Under Secretary for Benefits, the removing ‘‘.’’ and adding, in its place, Federal Maritime Commission, 800 VACEH addressed the question of the ‘‘;’’; and new paragraphs (b)(2)(xxiii) North Capitol, St., NW, Washington, radiogenicity of cancer generally. The and (b)(2)(xxiv) are added to read as D.C. 20573–0001, (202) 523–5796. VACEH concluded that, on the basis of follows: Joseph C. Polking, current scientific knowledge, exposure Secretary. to ionizing radiation can be a § 3.311 Claims based on exposure to contributing factor in the development ionizing radiation. [FR Doc. 96–24477 Filed 9–24–96; 8:45 am] of any malignancy. The degree to which * * * * * BILLING CODE 6730±01±M radiation exposure is a factor varies (b) * * * 1 depending on the type of malignancy, The Commission also requests, but does not (2) * * * require, that commenters submit an electronic copy the amount, rate and type of radiation of their comments in ASCII, WordPerfect or exposure, and other relevant risk factors (xxiii) Prostate cancer; and Microsoft Word format. 50266 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Proposed Rules

FEDERAL COMMUNICATIONS FOR FURTHER INFORMATION CONTACT: Needs and Uses: In the attached COMMISSION Valerie Yates, Accounting and Audits NPRM the FCC seeks comment on Division, Common Carrier Bureau at whether or not it should continue to 47 CFR Parts 32, 43 and 64 202–418–0850. For additional require carriers to file CAM changes information concerning the information [CC Docket No. 96±193; FCC 96±370] relating to the cost apportionment table collections contained in this NPRM or changes in time reporting procedures Implementation of the contact Dorothy Conway at 202–418– 60 days before implementation. This Telecommunications Act of 1996: 0217, or via the Internet at requirement could cause carriers to file Reform of Filing Requirements and [email protected]. CAM changes more frequently than Carrier Classifications SUPPLEMENTARY INFORMATION: This is a annually. In addition, the FCC seeks summary of the Commission’s Notice of comment on the appropriate index to AGENCY: Federal Communications Proposed Rulemaking adopted use to adjust the classification and Commission. September 3, 1996 and released reporting thresholds for inflation. ACTION: Notice of Proposed Rulemaking. September 12, 1996. The full text of this Commission decision is available for Regulatory Flexibility Analysis: SUMMARY: On September 3, 1996, the inspection and copying during normal Section 603 of the Regulatory Flexibility Commission adopted a Notice of business hours in the FCC Public Act (RFA), as amended, requires an Proposed Rulemaking (NPRM) seeking Reference Room (Room 230), 1919 M Initial Regulatory Flexibility Analysis in comment on regulatory proposals St., NW., Washington, DC. The complete notice and comment rulemaking affecting carrier classifications and text of this decision may also be proceedings, unless we certify that ‘‘the reporting requirements. The intended purchased from the Commission’s copy rule will not, if promulgated, have a effect of this proceeding is to establish contractor, International Transcript significant economic impact on a regulatory reform which is consistent Service (202) 857–3800, 1919 M St., significant number of small entities.’’ with the goals of the NW., Suite 246, Washington, DC 20554. This proceeding concerns the method Telecommunications Act of 1996. In for making inflation adjustments to the Paperwork Reduction Act particular, we initiate a rulemaking to annual revenue threshold that consider whether we should modify or This NPRM contains proposed or determines which carriers must file eliminate the 60-day advance notice modified information collections subject ARMIS reports and cost allocation requirement for revisions to cost to the Paperwork Reduction Act of 1995 manuals. In addition, the NPRM seeks allocation manuals when a LEC enters a (PRA). It has been submitted to the comment on whether the Commission new business venture or makes changes Office of Management and Budget should retain the 60-day notice to an existing business venture; which (OMB) for review under the PRA. OMB, requirement for revisions to cost inflation measure we should incorporate the general public, and other Federal allocation manuals when a LEC enters into our rules pertaining to carrier agencies are invited to comment on the into a new business venture or makes classifications and reporting proposed or modified information changes to an existing business venture. requirements; and whether to modify collections contained in this Finally, the NPRM proposes several the filing requirements for ARMIS proceeding. Public and agency changes to the filing requirements for reports and the reports required to be comments are due at the same time as ARMIS reports, and the reports required filed in interstate exchange carriers and other comments on this NPRM; OMB to be filed by interstate exchange AT&T. notification of action is due 60 days carriers (IXCs) under Section 43.22(b) from date of publication of this NPRM DATES: Comments on the proposed and AT&T under Section 43.21(b) of our in the Federal Register. Comments rulemaking must be submitted on or rules. We do not believe the rules before October 15, 1996. Reply should address: (a) whether the proposed collection of information is proposed in the NPRM portion of this comments are due on or before proceeding will have a significant November 5, 1996. Written comments necessary for the proper performance of economic impact on a significant by the public on the proposed and/or the functions of the Commission, number of small entities because the modified information collections are including whether the information shall businesses affected by our proposed due on or before October 15, 1996. have practical utility; (b) the accuracy of rules are not small entities within the Written comments must be submitted by the Commission’s burden estimates; (c) meaning of the RFA and also because the Office of Management and Budget ways to enhance the quality, utility, and (OMB) on the proposed and/or modified clarity of the information collected; and our proposals will not have a significant information collections on or before (d) ways to minimize the burden of the economic impact on these businesses. November 25, 1996. collection of information on the 2. The RFA defines the term ‘‘small ADDRESSES: Federal Communications respondents, including the use of entity’’ as having the same meaning as Commission, 1919 M St., NW., automated collection techniques or ‘‘small business concern’’ under the Washington, DC 20554. In addition to other forms of information technology. Small Business Act (SBA), which filing comments with the Secretary, a OMB Approval Number: 3060–0470. defines small business concern as ‘‘one Title: Computer III Remand copy of any comments on the which is independently owned and Proceeding: Bell Operating Company information collections contained operated and which is not dominant in Safeguards, and Tier 1 Local Exchange herein should be submitted to Dorothy its field of operation * * *’’ Section Company Safeguards. 121.201 of the Small Business Conway, Federal Communications Form No.: N/A. Commission, Room 234, 1919 M Street, Type of Review: Revision of Existing Administration regulations defines NW., Washington, DC 20554, or via the Collection. small telecommunications entities in Internet to [email protected], and to Number of Respondents: 18. SIC Code 4813 (Telephone Timothy Fain, OMB Desk Officer, 10236 Estimated Time Per Response: 300 Communications, Except NEOB, 725–17th Street, N.W., hours. Radiotelephone) as any entity with Washington, DC 20503 or via the Total Annual Burden: 10,800. fewer than 1,500 employees at the Internet to [email protected]. Estimated costs per respondent: $0. holding company level. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Proposed Rules 50267

3. Our proposed rules concerning the certification will also be published in 261C1. KYFM Radio, Inc., licensee of filing requirements for cost allocation the Federal Register. Station KYFM, Bartlesville, Oklahoma, manuals and for adjusting for inflation filed a counterproposal in this Ordering Clauses references to carrier revenues apply to proceeding requesting the substitution the Bell Operating Companies and other Accordingly, it is ordered that, at Ponca City to accommodate its incumbent LECs, which, because they pursuant to Sections 402(b)(2)(B) and upgrade at Bartlesville. This Order does are dominant in their field of 402(c) of the Telecommunications Act not afford additional opportunity either operations, are by definition not small of 1996, Public Law No. 104–104, sec. to comment on the merits of the entities under the RFA. These proposed 402(b)(2)(B) and 402(c), and Sections 1, conflicting proposal or for the rules would also affect filing 4, 201–205, 215, 218, 220 of the acceptance of additional requirements for new LECs entering the Communications Act of 1934, as counterproposals because an local exchange market under the amended, 47 U.S.C. §§ 151(a), 154, 201– opportunity has already been provided competitive provisions of the 1996 Act 205, 215, 218 and 220, and Section for the filing of such proposals. to the extent that such carriers’ revenues 553(b)(B) of the Administrative DATES: Comments must be filed on or exceed the annual indexed revenue Procedure Act, 5 U.S.C. § 553(b)(B), before November 4, 1996. threshold of $100 million in operating notice is hereby given of proposed revenue as adjusted upward by the rules amendments to Parts 32, 43 and 64 in ADDRESSES: Federal Communications adopted and proposed herein. While accordance with the proposals, Commission, Washington, DC 20554. discussions, and statement of issues in these companies may have fewer than FOR FURTHER INFORMATION CONTACT: this Notice of Proposed Rulemaking and 1,500 employees and thus fall within Kathleen Scheuerle, Mass Media that comment is sought regarding such the SBA’s definition of small Bureau, (202) 418–2180. telecommunications entity, we do not proposals, discussion and statement of believe that such entities should be issues. SUPPLEMENTARY INFORMATION: This is a considered small entities within the Accordingly, it is ordered that a summary of the Commission’s Order to meaning of the RFA. rulemaking proceeding is instituted to Show Cause, MM Docket No. 96–80, 4. Similarly, our proposal to change determine whether proposals made adopted September 6, 1996, and the IXC report required by Section herein concerning regulatory reform for released September 13, 1996. The full 43.22(b) of the Commission’s rules carrier classifications and filing text of this Commission decision is affects only designated IXCs with requirements would be in the public available for inspection and copying annual operating revenues above $100 interest. during normal business hours in the million dollars. In addition, we propose Commission’s Reference Center (Room List of Subjects in 47 CFR Parts 32, 43 239), 1919 M Street, NW., Washington, to eliminate the report required by and 64 Section 43.21(b) of our rules that DC. The complete text of this decision presently is filed only by AT&T. While Communications common carriers, may also be purchased from the IXCs may have fewer than 1,500 Reporting and recordkeeping Commission’s copy contractors, employees and thus fall within the requirements, Telephone. International Transcription Services, SBA’s definition of small Federal Communications Commission. Inc., 2100 M Street, NW., Suite 140, telecommunications entity, we do not Shirley S. Suggs, Washington, DC 20037, (202) 857–3800. believe that such entities should be Chief, Publications Branch. Provisions of the Regulatory considered small entities within the [FR Doc. 96–24474 Filed 9–24–96; 8:45 am] Flexibility Act of l980 do not apply to this proceeding. meaning of the RFA. BILLING CODE 6712±01±P 5. Moreover, none of the proposed Members of the public should note requirements contained in our NPRM that from the time a Notice of Proposed will have a significant economic impact 47 CFR Part 73 Rule Making is issued until the matter on the LECs or IXCs who are required is no longer subject to Commission to file these reports or manuals. The [MM Docket No. 96±80; RM±8758, RM±8833] consideration or court review, all ex number of filings required would be Radio Broadcasting Services; Alva, parte contacts are prohibited in reduced by our proposed rules, and Bartlesville and Ponca City, OK, and Commission proceedings, such as this raising revenue thresholds may allow Deerfield, MO one, which involve channel allotments. certain carriers to avoid filing the See 47 CFR 1.1204(b) for rules reports or manuals. This should have a AGENCY: Federal Communications governing permissible ex parte contact. beneficial impact on carriers affected by Commission. For information regarding proper the proposed rules. ACTION: Proposed rule; order to show filing procedures for comments, see 47 6. We therefore certify, pursuant to cause. CFR 1.415 and 1.420. Section 605(b) of the RFA, that the rules will not, if promulgated, have a SUMMARY: This document directs Mur- List of Subjects in 47 CFR Part 73 significant economic impact on a Thom Broadcasting, Inc., Ponca City, Radio broadcasting. substantial number of small entities. We Oklahoma, to show cause why its seek comment on this tentative license for Station KIXR should not be Federal Communications Commission. conclusion. The Secretary shall send a modified to specify operation on John A. Karousos, copy of this Notice, including this Channel 284A in lieu of Channel 261A. Chief, Allocations Branch, Policy and Rules certification and statement, to the Chief This action would allow Station KYFM, Division, Mass Media Bureau. Counsel for Advocacy of the Small Bartlesville, Oklahoma, to upgrade its [FR Doc. 96–24472 Filed 9–24–96; 8:45 am] Business Administration. A copy of this facility from Channel 260C3 to Channel BILLING CODE 6712±01±F 50268 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Proposed Rules

DEPARTMENT OF TRANSPORTATION stated that over the 28 inch span of head In a subsequent proposal dated July protection zone, the taper reduces the 30, 1974, the agency stated the National Highway Traffic Safety 3.25 inch dimension referenced in following: Administration S5.3.1.1(c) to approximately 2.25 inches ‘‘The proposal again specifies two on the interior of the bus sidewall. 49 CFR Part 571 zones in which impact by a head form Thomas requested that S5.3.1.1(c) be or knee form must conform to specified changed to allow for differences in Denial of Petition for Rulemaking; force distribution and certain force or design. Thomas stated that this change Federal Motor Vehicle Safety acceleration levels. The head protection will not affect the impact testing Standards zone is somewhat smaller than earlier required by S5.3.1.2 and it will still proposed to accommodate tumble-home AGENCY: meet the intent of the standard. Thomas National Highway Traffic construction in side windows. * ** Safety Administration (NHTSA), requested that the wording in S5.3.1.1(c) Department of Transportation. be changed to the following: These zones and many of the other ACTION: Denial of petition for S5.3.1.1(c) A longitudinal plane 3.25 requirements are based on location of rulemaking. inches inboard of and parallel to the bus the seating reference point, * * * The sidewall, window, or door structure. definition also specifies that the point SUMMARY: This document denies FMVSS No 222; HEAD PROTECTION have coordinates established relative to Thomas Built Buses, Inc., petition to ZONE REQUIREMENTS: The head the designed vehicle structure, to permit change the head protection zone protection zone requirements are the point to be located with certainty for requirements in FMVSS No. 222. specified in S5.3.1 of the standard and enforcement purposes. * * * Because of Thomas stated in the petition that it felt are as follows: the particular seat installation methods that the head protection zones S5.3.1 Head protection zone. Any used in school buses, NHTSA would referenced in S5.3.1.1 were defined by contactable surface of the vehicle within interpret ‘‘designed vehicle structure’’ to NHTSA with a square school bus body any zone specified in S5.3.1.1 shall include the seat structure itself as in mind. Thomas requested that meet the requirements of S5.3.1.2 and mounted in the bus. The bus designer S5.3.1.1(c) be changed to allow for S5.3.1.3. However, a surface area that would therefore be able to specify the differences in design. has been contacted pursuant to an point coordinates from the seat structure NHTSA is denying this petition. impact test need not meet further alone.’’ Thomas offered no justification for requirements contained in S5.3. In yet another subsequent proposal S5.3.1.1 The head protection zones changing the standard other than that dated October 8, 1975, the agency stated in each vehicle are the spaces in front they perceived that the standard was the following: developed with a square school bus of each school bus passenger seat, body in mind. The history of FMVSS which are not occupied by the bus ‘‘The NHTSA has carefully calculated No. 222 clearly indicates that the head sidewall, window, or door structure and its impact requirements to reflect the protection zones were established with which, in relation to that seat and its fact that a crash from any direction can the bus occupant’s head in mind and seating reference point, are enclosed by cause the occupant to impact any part not the bus body as Thomas believes. In the following: of the adjacent seats or protruding fact the statement in S5.3.1.1 that ‘‘The (a) Horizontal planes 12 inches and 40 objects from any direction.’’ head protection zones in front of each inches above the seating reference point; Standard No. 222 defines contactable school bus seat which are not occupied (b) A vertical longitudinal plane surface as follows: tangent to the inboard (aisle side) edge by the bus sidewall, window, or door Contactable Surface is defined as any structure * * *’’ indicates that the of the seat; surface within the zone specified in standard specifically considered the (c) A vertical longitudinal plane 3.25 S5.3.1.1 that is contactable from any possibility of non-square bus bodies. inches inboard of the outboard edge of direction by the test device described in Changing the standard, as proposed in the seat, and the standard, except any surface on the the Thomas petition, would allow (d) Vertical transverse planes through front of a seat back or restraining barrier manufacturers to install unpadded and 30 inches forward of the reference 3 inches or more below the top of the objects in locations where the bus point. S5.3.1.2 specifies the head form seat back or restraining barrier. occupant’s head is likely to come in requirement and contact with them in a frontal collision. The final rule was published January S5.3.1.3 specifies the head form FOR FURTHER INFORMATION CONTACT: 28, 1976. As a result of a petition for force distribution requirement. reconsideration from Sheller Globe Charles Hott, Office of Crashworthiness The history of rulemaking on FMVSS Corporation, the agency modified the Standards, NPS–12, NHTSA, 400 7th No. 222 shows that the head impact head protection zone requirements in Street, SW, Washington, DC 20590 zone requirements of the standard go the standard so that the bus body side (telephone 202–366–0247, Fax: 202– back to the original proposal published panels, window or door structure would 366–4329). February 22, 1973. In that proposal the not be considered part of the head SUPPLEMENTARY INFORMATION: Thomas agency stated: Built Buses, Inc., petitioned the agency ‘‘To eliminate the exposed metal bars protection zone. This was modified to change the head protection zone and similar designs and to make the seat because the construction of some buses requirements in FMVSS No. 222, itself a significant energy absorber, the allowed those elements of the bus body S5.3.1.1. Thomas stated that it felt that NHTSA proposes to require all surfaces to be in the head protection zone. In the zones referenced in S5.3.1.1 were within a specified area ahead of the seat allowing this change the agency stated: defined by NHTSA with a square school to meet a head impact criterion similar ‘‘As Sheller noted, the agency has bus body in mind. Thomas also stated to the one included in Standard 208, never intended to include the body side that its school bus body design has a occupant crash protection. * * * Most panels and glazing in the protection 2.25 degree inward taper from the types of metal surface would be too hard zone. The roof structure and overhead beltline of the bus upward to the point and would therefore not meet the projections from the interior are where the bus sidewall ends. Thomas requirements of the proposed standard.’’ included in this area of the zone.’’ Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Proposed Rules 50269

From May 1977 until September 1981, the petition. The agency has concluded Amendment 9 is to reduce the bycatch NHTSA made at least four that there is no reasonable possibility mortality of juvenile red snapper from interpretations pertaining to the head that the specified action requested by shrimp trawling to a level that will protection zone requirement in the the petitioner would be issued at the allow the red snapper stock in the Gulf standard that show the bus sidewall conclusion of a rulemaking proceeding. of Mexico to recover from its present extending in the head protection zone Accordingly, it denies the Thomas Built overfished state. Under the Fishery specified in the standard. Those Buses, Inc. petition. Management Plan for the Reef Fish interpretations dealt mainly with where Authority: 49 U.S.C. 30103, 30162; Resources of the Gulf of Mexico, the red the sidewall ends and the roof structure delegation of authority at 49 CFR 1.50 and snapper stock must be rebuilt to a level begins. Roof structures are required to 501.8. of 20–percent spawning potential ratio meet the contactable surface Issued: September 19, 1996. by the year 2019. This rebuilding requirements if they fall within the head L. Robert Shelton, protection zone. None of the program is based on achieving a 50– manufacturers, Mid Bus, Collins, Coach Acting Associate Administrator for Safety percent reduction in bycatch mortality Performance Standards. and Equipment, and The Coachette of juvenile red snapper in the Gulf Company, questioned whether the [FR Doc. 96–24513 Filed 9–24–96; 8:45 am] shrimp fishery, beginning in 1997. intent of the standard was based on a BILLING CODE 4910±59±P Amendment 9 would require the square bus body. installation of NMFS-approved Bycatch While there is no reason specified in Reduction Devices (BRDs) in all nets the early rulemakings for the 3.25 inch DEPARTMENT OF COMMERCE used by vessels trawling for shrimp in dimension from the outboard edge of specified areas of the Gulf of Mexico the school bus seat, NHTSA believes National Oceanic and Atmospheric Administration exclusive economic zone (EEZ). Vessels that this was considered to be a trawling for royal red shrimp beyond limitation caused by the size of the head 50 CFR Part 622 the 100–fathom (183 m) contour and form used for impact testing. The head vessels trawling for groundfish or form has a radius of 3.25 inches. Thus, [I.D. 091096A] there would be a 3.25 inch area from 12 butterfish would be exempted. A single inches above the seating reference point Gulf of Mexico Fishery Management try net with a headrope length of 16 ft to the top of the seat back where the Council; Public Hearings (4.9 m) or less per vessel would also be exempted. Amendment 9 also contains head form could not impact. AGENCY: National Marine Fisheries alternative areas where BRDs might be As can be seen by the history of the Service (NMFS), National Oceanic and required in shrimp trawls: (1) In the EEZ rulemaking, the head protection zones Atmospheric Administration (NOAA), of the Gulf of Mexico within the 100– were included to prevent manufacturers Commerce. from installing objects that the bus fathom contour; (2) in the EEZ of the ACTION: Public hearings; request for occupant’s head may come in contact Gulf of Mexico within the 100–fathom comments. with during a collision. Those objects contour west of Cape San Blas, FL; (3) included the seat backs, luggage racks, SUMMARY: The Gulf of Mexico Fishery in the EEZ of the Gulf of Mexico and other items that were sometimes Management Council (Council) will between the 10–and 100–fathom placed above the seats on the pre- convene 14 public hearings on Draft contours; and (4) in the EEZ of the Gulf standard school buses. Amendment 9 to the Fishery of Mexico between the 10–and 100– Thomas’ assertion that changing the Management Plan for the Shrimp fathom contours and west of Cape San standard would not affect the impact Fishery of the Gulf of Mexico (FMP) and Blas, FL. testing requirement of the standard is its draft supplemental environmental In order for a BRD to be certified, the incorrect. In fact, changing the head impact statement (draft SEIS). protection zone specified in S5.3.1.1(c) amendment would establish bycatch DATES: Written comments will be to a longitudinal plane 3.25 inches reduction criteria that would require the inboard of and parallel to the bus accepted until November 1, 1996. The reduction of the bycatch of juvenile red sidewall, window, or door structure hearings will be held from October 7 to snapper (age 0 and age 1) by a specified October 17, 1996. See SUPPLEMENTARY would allow manufacturers to place percentage from the average level of INFORMATION for specific dates and objects that protrude outward from the mortality on those age groups during the times. bus body side panels 3.25 inches in an years 1984–1989. The amendment ADDRESSES: Written comments should area that a school bus occupant’s head would also establish framework be sent to and copies of the draft is likely to strike if the bus is involved procedures for modifying bycatch amendment and SEIS are available from in a collision. These items would not reduction criteria, establishing BRD have to meet the requirements for Dr. Richard L. Leard, Senior Fishery Biologist, Gulf of Mexico Council, 5401 certification criteria, and a BRD testing contactable surfaces and therefore protocol. would increase the potential for head West Kennedy Boulevard, Tampa, FL injuries during a collision. Thomas 33609. The hearings are scheduled from 7 offered no justification for changing the The hearings will be held in FL, AL, p.m. to 10 p.m., as follows: standard other than that they perceived MS, LA and TX. See SUPPLEMENTARY 1. Monday, October 7, 1996—Holiday that the standard was developed with a INFORMATION for locations of the Inn Beachside, 3841 North Roosevelt hearings and special accommodations. square school bus body in mind. The Boulevard, Key West, FL 33040 FOR FURTHER INFORMATION CONTACT: Dr. history of FMVSS No. 222 clearly 2. Monday, October 7, 1996—Lake indicates that the head protection zones Richard L. Leard, 813–228–2815; Fax: Charles Civic Center, 900 Lakeshore were established with the bus 813–225–7015. Drive, Lake Charles, LA 70602 occupant’s head in mind and not the SUPPLEMENTARY INFORMATION: The bus body as Thomas stated. Council will hold public hearings on 3. Tuesday, October 8, 1996— In accordance with 40 CFR part 552, Draft Amendment 9 to the FMP and the Thibodaux Civic Center, 310 North this completes the agency’s review of associated draft SEIS. The purpose of Canal Boulevard, Thibodaux, LA 70301 50270 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Proposed Rules

4. Tuesday, October 8, 1996— 9. Tuesday, October 15, 1996— 14. Thursday, October 17, 1996— Radisson Inn, 12635 Cleveland Avenue, Pensacola Civic Center, 201 E. Gregory, Texas A&M University, 200 Seawolf Fort Myers, FL 33907 Pensacola, FL 32501 Parkway, Galveston, TX 77553 5. Wednesday, October 9, 1996— 10. Tuesday, October 15, 1996—Port These meetings are physically Radisson Bay Harbor Inn, 7700 Aransas Civic Center Auditorium, 710 accessible to people with disabilities. Courtney Campbell Causeway, Tampa, West Avenue A, Port Aransas, TX 78373 Requests for sign language FL 33607 11. Wednesday, October 16, 1996— interpretation or other auxiliary aids 6. Wednesday, October 9, 1996— Radisson Admiral Semmes Hotel, 251 should be directed to Anne Alford at the Radisson Inn New Orleans Airport, 2150 Government Street, Mobile, AL 36602 Council (see ADDRESSES) by September 30, 1996. Veterans Memorial Boulevard, Kenner, 12. Wednesday, October 16, 1996— LA 70062 Bauer Community Center, 2300 Authority: 16 U.S.C. 1801 et seq. 7. Monday, October 14, 1996— Highway 35 Bypass, Port Lavaca, TX Dated: September 17, 1996. Franklin County Courthouse, 33 Market 77979 Bruce Morehead, Street, Appalachicola, FL 32320 13. Thursday, October 17, 1996—J.L. Acting Director, Office of Sustainable 8. Monday, October 14, 1996— Scott Marine Education Center & Fisheries, National Marine Fisheries Service. Holiday Inn Fort Brown, 1900 East Aquarium, 115 East Beach Boulevard, [FR Doc. 96–24390 Filed 9–24–96; 8:45 am] Elizabeth, Brownsville, TX 78520 U.S. Highway 90, Biloxi, MS 39530 BILLING CODE 3510±22±F 50271

Notices Federal Register Vol. 61, No. 187

Wednesday, September 25, 1996

This section of the FEDERAL REGISTER Food and Consumer Service ADDRESSES: Send comments to: USDA– contains documents other than rules or Title: Supplement to Financial Status ARS-Office of Technology Transfer, proposed rules that are applicable to the 10300 Baltimore Boulevard, Building public. Notices of hearings and investigations, Report, Administrative Costs in Nutrition Education and Training 005, Room 401, BARC–W, Beltsville, committee meetings, agency decisions and Maryland 20705–2350. rulings, delegations of authority, filing of Program. petitions and applications and agency Summary: The Nutrition, Education FOR FURTHER INFORMATION CONTACT: statements of organization and functions are and Training (NET) Program encourages Willard J. Phelps of the Office of examples of documents appearing in this effective dissemination of scientifically Technology Transfer, at the Beltsville section. valid information to children address given above; telephone 301– participating in the school lunch and 504–6532. related child nutrition programs by SUPPLEMENTARY INFORMATION: The DEPARTMENT OF AGRICULTURE establishing a system of grants to State Federal Government’s patent rights to Submission for OMB Review; educational agencies for the this invention are assigned to the United Comment Request development of comprehensive States of America as represented by the nutrition information and education Secretary of Agriculture. It is in the September 20, 1996. programs. public interest to so license this The Department of Agriculture has Need and Use of the Information: To invention as said company has submitted the following information ensure compliance with statutory submitted a complete and sufficient collection requirement(s) to OMB for conditions, it is necessary to identify the application for a license, promising review and clearance under the amount of both Federal grant funds and therein to bring the benefits of said Paperwork Reduction Act of 1995, State matching funds that the State invention to the U.S. public. Public Law 104–13. Comments agencies have applied to NET program The prospective exclusive license will regarding these information collections administrative costs. The form FCS–665 be royalty-bearing, and will comply are best assured of having their full has been developed to capture with the terms and conditions of 35 effect if received within 30 days of this subdivisions of total program outlays. U.S.C. 209 and 37 CFR 404.7. The notification. Comments should be Description of Respondents: State, prospective exclusive license may be addressed to: Desk Officer for Local, or Tribal Government; granted unless, within ninety calendar Agriculture, Office of Information and Individuals or households; Business or days from the date of this published Regulatory Affairs, Office of other for-profit; Not-for-profit Notice, the Agricultural Research Management and Budget (OMB), institutions; Farms; Federal Service receives written evidence and Washington, D.C. 20503 and to Government. argument which establishes that the Department Clearance Officer, USDA, Number of Respondents: 19. grant of the license would not be OCIO, Mail Stop 7602, Washington, D.C. Frequency of Responses: Reporting: consistent with the requirements of 35 20250–7602. Copies of the Quarterly, Annually. U.S.C. 209 and 37 CFR 404.7. submission(s) may be obtained by Total Burden Hours: 24. R.M. Parry, Jr., calling (202) 720–6204 or (202) 720– Donald E. Hulcher, Assistant Administrator. 6746. Deputy Departmental Clearance Officer. [FR Doc. 96–24579 Filed 9–24–96; 8:45 am] [FR Doc. 96–24578 Filed 9–24–96; 8:45 am] Food and Consumer Service BILLING CODE 3410±03±M BILLING CODE 3410±01±M Title: Form FCS–388, State Coupon Issuance and Participation Estimates. DEPARTMENT OF COMMERCE Summary: Food stamp regulations Agricultural Research Service require State agencies to submit on a Bureau of the Census monthly basis form FCS–388 to provide Notice of Intent To Grant an Exclusive [Docket No. 960916259±6259±01] issuance and participation information. Patent License Need and Use of the Information: The AGENCY: Agricultural Research Service, RIN 0607±XX16 information is used to validate the USDA. Decennial Population and Housing annual food stamp household ACTION: Notice of intent. characteristic survey; to compile a Count Determinations for Places statistical summary report for SUMMARY: Notice is hereby given that Incorporating Between the National Congressional reports and other the U.S. Patent Application Serial Censuses inquiries; and to monitor coupon Number 08/691,069, ‘‘System and AGENCY: Bureau of the Census, issuance and reconciliation points for Method for Materials Process Control,’’ Commerce. indications of accountability problems. filed August 1, 1996, is available for ACTION: Notice of Program Termination. Description of Respondents: State, licensing and that the U.S. Department Local, or Tribal Government. of Agriculture, Agricultural Research SUMMARY: This document will serve as Number of Respondents: 53. Service, intends to grant an exclusive notice to the states and local Frequency of Responses: license to Zellweger Uster of Knoxville, governments and to other Federal Recordkeeping; Reporting: Semi- Tennessee. agencies that the Bureau of the Census annually, Monthly. DATES: Comments must be received on will no longer fund the operations Total Burden Hours: 4,542. or before December 24, 1996. necessary to determine the April 1, 1990 50272 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices census population and housing unit International Trade Administration Princeton University, et al.; Notice of counts for entities that incorporate or Consolidated Decision on Applications organize as counties, boroughs, cities, [A±588±840] for Duty-Free Entry of Scientific towns, villages, townships, or other Instruments general purpose governments between Notice of Postponement of Preliminary This is a decision consolidated the 1990 and 2000 decennial censuses. Antidumping Duty Determination: pursuant to Section 6(c) of the This program will, however, be Engineered Process Gas Turbo- Educational, Scientific, and Cultural available to those entities that desire Compressor Systems, Whether this service on a fee-paid basis. Materials Importation Act of 1966 (Pub. Assembled or Unassembled, and L. 89–651, 80 Stat. 897; 15 CFR part Whether Complete or Incomplete From EFFECTIVE DATE: October 1, 1996. 301). Related records can be viewed Japan between 8:30 A.M. and 5:00 P.M. in FOR FURTHER INFORMATION CONTACT: Dr. Room 4211, U.S. Department of Joel L. Morrison, Chief, Geography AGENCY: Import Administration, Commerce, 14th and Constitution Division, Bureau of the Census, International Trade Administration, Avenue, N.W., Washington, D.C. Washington, D.C. 20233–7400, Department of Commerce. Comments: None received. Decision: telephone (301) 457–1132. EFFECTIVE DATE: September 25, 1996. Approved. No instrument of equivalent SUPPLEMENTARY INFORMATION: The scientific value to the foreign FOR FURTHER INFORMATION CONTACT: Bureau of the Census first began to make instruments described below, for such these count determinations in 1972 in V. Irene Darzenta (202–482–6320) or purposes as each is intended to be used, response to the requests of local Howard Smith (202–482–5193), Office is being manufactured in the United governments to establish eligibility for of AD/CVD Enforcement, U.S. States. participation in the General Revenue Department of Commerce, 14th Street Docket Number: 96–056. Applicant: Sharing Program authorized under PL and Constitution Avenue, NW., Princeton University, Princeton, NJ 92–512. At that time, the Bureau of the Washington, DC 20230. 08544–0033. Instrument: Electrical Census established a fee-paid program Capacitance Tomography Unit, Model POSTPONEMENT OF PRELIMINARY PTL 300–TP-G. Manufacturer: Process enabling entities with annexations to DETERMINATION: On May 28, 1996, the obtain updated decennial census Tomography, Ltd., United Kingdom. Department of Commerce (the Intended Use: See notice at 61 FR population counts that reflected the Department) initiated this antidumping population living in the boundary 30221, June 14, 1996. Reasons: The duty investigation (61 FR 28164, June 4, foreign instrument provides statistical change areas; the Bureau of the Census 1996). The notice of initiation stated received funding from the U.S. description and mapping of the spatial that if this investigation proceeds and temporal flow of gas-particle Department of the Treasury to make normally, the Department would issue those determinations for larger suspensions in pipes. Advice received its preliminary determination by from: National Institute of Standards annexations that met prescribed criteria, October 15, 1996. and for the new incorporations. The and Technology, September 3, 1996. Docket Number: 96–070. Applicant: General Revenue Sharing Program In accordance with section Massachusetts Institute of Technology, ended on September 30, 1986. The 733(c)(1)(A) of the Tariff Act of 1930, as Cambridge, MA 02139. Instrument: Bureau of the Census continued to fund amended (the Act), on August 27 and Compact Geotechnical Centrifuge. the count update operation through 29, 1996, the petitioner, Dresser-Rand Manufacturer: Chiker Technologies, fiscal year 1995 for the large Company, made a timely request for an United Kingdom. Intended Use: See annexations, and to date for newly extension of no more than 50 days of the notice at 61 FR 39948, July 31, 1996. incorporated areas. There is no funded period within which the preliminary Reasons: The foreign instrument Federal legislative requirement that this determination must be made. Under provides rotation of 900 RPM to obtain work continue. section 733(c)(1)(A) of the Act and section 353.15(c) of the Department’s high and well controlled pressure with However, the Bureau of the Census regulations, if the Department receives a much smaller soil samples than possible will continue to make count request for postponement of the with conventional long-arm centrifuges. determinations for such newly preliminary determination from the Advice received from: Department of incorporated areas at the request of local petitioners not later than 25 days before the Interior, September 6, 1996. governments, provided that any and all the scheduled date for the preliminary The National Institute of Standards costs associated with this work are determination the Department will, and Technology and the Department of borne by the local governmental entity. absent compelling reasons for denial, the Interior advise that (1) the For information on the procedure to grant the request. Given that there are capabilities of each of the foreign request determinations under the fee for no compelling reasons to deny this instruments described above are service based program, please contact request, we are postponing our pertinent to each applicant’s intended Dr. Joel L. Morrison, Chief, Geography preliminary determination in this purpose and (2) they know of no Division, Bureau of the Census, investigation until no later than domestic instrument or apparatus of Washington, D.C. 20233–7400, December 4, 1996. equivalent scientific value for the telephone (301) 457–1132. intended use of each instrument. This notice is published pursuant to We know of no other instrument or Authority to continue this program on section 733(c)(2) of the Act and 19 CFR apparatus being manufactured in the a fee for service basis is contained in 353.15(d). United States which is of equivalent Title 13, United States Code, Section 8. Dated: September 12, 1996. scientific value to either of the foreign Dated: September 18, 1996. Jeffrey P. Bialos, instruments. Bryant Benton, Principal Deputy Assistant Secretary, Import Frank W. Creel, Deputy Director, Bureau of the Census. Administration. Director, Statutory Import Programs Staff. [FR Doc. 96–24475 Filed 9–24–96; 8:45 am] [FR Doc. 96–24604 Filed 9–24–96; 8:45 am] [FR Doc. 96–24608 Filed 9–24–96; 8:45 am] BILLING CODE 3510±07±P BILLING CODE 3510±DS±M BILLING CODE 3510±DS±P Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50273

University of California, Los Alamos; scientific value to the foreign SUPPLEMENTARY INFORMATION: Notice of Decision on Application for instrument, for such purposes as it is Background Duty-Free Entry of Scientific intended to be used, is being Instrument manufactured in the United States. On March 9, 1984, the Department Reasons: This is a compatible accessory published in the Federal Register (49 This decision is made pursuant to for an existing instrument purchased for FR 8974) the countervailing duty order Section 6(c) of the Educational, the use of the applicant. on cotton shop towels from Pakistan. On Scientific, and Cultural Materials The National Institutes of Health March 12, 1993, the Department Importation Act of 1966 (Pub. L. 89– advises in its memorandum dated July published a notice of ‘‘Opportunity to 651, 80 Stat. 897; 15 CFR part 301). 24, 1996, that the accessory is pertinent Request Administrative Review’’ (58 FR Related records can be viewed between to the intended uses and that it knows 13583) of this countervailing duty order 8:30 A.M. and 5:00 P.M. in Room 4211, of no comparable domestic accessory. for 1992. We received a timely request U.S. Department of Commerce, 14th and We know of no domestic accessory for review from Milliken & Company Constitution Avenue, N.W., which can be readily adapted to the (Milliken), a U.S. producer of the Washington, D.C. existing instrument. subject merchandise and the petitioner Docket Number: 96–071. Applicant: Frank W. Creel, in the original investigation. For 1993, University of California, Los Alamos, the notice of ‘‘Opportunity to Request Director, Statutory Import Programs Staff. CA 87545. Instrument: ICP Mass Administrative Review’’ was published Spectrometer, Model PlasmaQuad. [FR Doc. 96–24607 Filed 9–24–96; 8:45 am] on March 4, 1994 (59 FR 10368). Manufacturer: Fisons Instruments, BILLING CODE 3510±DS±P Milliken, as well as the Government of United Kingdom. Intended Use: See Pakistan, the Towel Manufacturers notice at 61 FR 41773, August 12, 1996. [C±535±001] Association of Pakistan and exporters of Comments: None received. Decision: shop towels from Pakistan requested a Approved. No instrument of equivalent Cotton Shop Towels from Pakistan; review for this period. We initiated the scientific value to the foreign Preliminary Results of Countervailing 1992 and 1993 reviews on May 6, 1993 instrument, for such purposes as it is Duty Administrative Reviews (58 FR 26960) and April 15, 1994 (59 FR intended to be used, is being 18099), respectively. The 1992 review AGENCY: Import Administration, manufactured in the United States. covers 17 manufacturers/exporters of International Trade Administration, Reasons: The foreign instrument the subject merchandise. The 1993 Department of Commerce. provides: (1) a minimum limit of review covers 20 manufacturers/ detection of 0.025 ng/L in the actinide ACTION: Notice of preliminary results of exporters. The reviewed exporters region, (2) abundance sensitivity of < countervailing duty administrative account for virtually all exports of the 1x10¥7 at M–1 and (3) quadrupole reviews. subject merchandise. Both reviews operation at 2.2 MHz or higher. These SUMMARY: The Department of Commerce cover five programs. capabilities are pertinent to the (the Department) is conducting Applicable Statute and Regulations applicant’s intended purpose. We know administrative reviews of the The Department is conducting these of no domestic instrument or apparatus countervailing duty order on cotton administrative reviews in accordance of equivalent scientific value to the shop towels from Pakistan. For with section 751(a) of the Tariff Act of foreign instrument for the applicant’s administrative convenience, the 1930, as amended (the Act). Unless intended use. Department is combining the reviews otherwise indicated, all citations to the Frank W. Creel, covering the periods January 1, 1992 statute and to the Department’s Director, Statutory Import Programs Staff. through December 31, 1992 (1992) and regulations are in reference to the [FR Doc. 96–24606 Filed 9–24–96; 8:45 am] January 1, 1993 through December 31, provisions as they existed on December BILLING CODE 3510±DS±P 1993 (1993). We preliminarily 31, 1994. However, references to the determine the net subsidy to be 7.81 Department’s Countervailing Duties; percent ad valorem for all companies for Notice of Proposed Rulemaking and The University of Vermont; Notice of 1992. For 1993, we preliminarily Request for Public Comments (54 FR Decision on Application for Duty-Free determine the net subsidy to be 11.50 23366; May 31, 1989) (Proposed Entry of Scientific Instrument percent ad valorem for Eastern Textiles Regulations), are provided solely for (Eastern), 11.54 percent ad valorem for This decision is made pursuant to further explanation of the Department’s Creation (Pvt.), Ltd. (Creation), and 5.02 Section 6(c) of the Educational, countervailing duty practice. Although percent ad valorem for all other Scientific, and Cultural Materials the Department has withdrawn the companies. If the final results remain Importation Act of 1966 (Pub. L. 89– particular rulemaking proceeding the same as these preliminary results of 651, 80 Stat. 897; 15 CFR part 301). pursuant to which the Proposed administrative reviews, we will instruct Related records can be viewed between Regulations were issued, the subject the U.S. Customs Service to assess 8:30 A.M. and 5:00 P.M. in Room 4211, matter of these regulations is being countervailing duties as indicated U.S. Department of Commerce, 14th and considered in connection with an above. Interested parties are invited to Constitution Avenue, N.W., ongoing rulemaking proceeding which, comment on these preliminary results. Washington, D.C. among other things, is intended to Docket Number: 96–068. Applicant: EFFECTIVE DATE: September 25, 1996. conform the Department’s regulations to The University of Vermont, Burlington, FOR FURTHER INFORMATION CONTACT: the Uruguay Round Agreements Act. VT 05405. Instrument: Multisample Anne D’Alauro or Lorenza Olivas, See 60 FR 80 (Jan. 3, 1995). Inlet Manifold for Mass Spectrometer. Import Administration, International Manufacturer: Pro-Vac Services, United Trade Administration, U.S. Department Scope of the Review Kingdom. Intended Use: See notice at 61 of Commerce, 14th Street and The subject merchandise is cotton FR 39948, July 31, 1996. Constitution Avenue, N.W., shop towels from Pakistan. During the Comments: None received. Decision: Washington, D.C. 20230; telephone: review periods, this merchandise was Approved. No instrument of equivalent (202) 482–2786. classifiable under item number 50274 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

6307.10.20 of the Harmonized Tariff Calculation Methodology for section 771(5) of the Act because receipt Schedule (HTS). The HTS item number Assessment and Cash Deposit Purposes of this benefit was based solely on is provided for convenience and In accordance with Ceramica export performance and the interest Customs purposes. The written Regiomontana, S.A. v. United States, rates were preferential. There has been description remains dispositive. 853 F. Supp. 431 (CIT 1994), we no new information or evidence of calculated the net subsidy on a country- changed circumstances in these reviews Best Information Available (BIA) for to warrant reconsideration of this Creation wide basis by first calculating the total subsidy rate for each company subject to program’s countervailability. During the review periods, shop towel Section 776(c) of the Act requires the the administrative review. We then exporters made interest payments on Department to use BIA ‘‘whenever a weighted the rate received by each loans obtained under Part I of the EFS. company using as the weight its share party or any other person refuses or is The interest rates ranged between 7 unable to produce information of total Pakistani exports to the United percent and 11 percent. Loan terms requested in a timely manner and in the States of subject merchandise, including require payment within a maximum of form required, or otherwise significantly all companies, even those with de 150 days. As our benchmark, we used impedes an investigation.’’ See also 19 minimis and zero rates. We then the national average commercial rates CFR section 355.37. summed the individual companies’ for short-term credit which was reported In determining what rate to use as weighted rates to determine the country- by the Government of Pakistan. These BIA, the Department follows a two- wide, weighted-average subsidy rate rates were 14.5 percent applicable in tiered methodology. The Department from all programs benefitting exports of 1991, 14 percent in 1992, and 15.5 assigns lower BIA rates to those subject merchandise to the United percent in 1993. respondents who cooperated in an States. To calculate the benefit, we took the Since the country-wide rate administrative review (tier two) and difference between the actual interest calculated using this methodology was rates based on more adverse paid and the interest that would have above de minimis, as defined by 19 CFR assumptions to respondents who did been paid if the loans had been obtained 355.7 (1994), for each review period, we not cooperate, or significantly impeded at commercial rates. See Final examined the net subsidy rate the proceeding (tier one). See Allied Affirmative Countervailing Duty calculated for each company to Signal Aerospace Co. v. United States, Determination: Certain Carbon Steel determine whether individual company 996 F. 2d 1185 (Fed. Cir. 1993), aff’d, 28 Butt-Welded Pipe Fittings From India rates differed significantly from the F. 3d 1188, cert. denied, 1995 U.S. Lexis (60 FR 10564; February 27, 1995). For weighted-average country-wide rate, 100 (1995). Creation, an exporter during loans obtained under Part I of the EFS, pursuant to 19 CFR 355.22(d)(3). None the financing reported was specific to 1993, did not respond to the of the companies had net subsidy rates Department’s initial or two shipments made to the United States. which were significantly different We received no information indicating supplemental questionnaires. However, during the 1992 review period pursuant the Government of Pakistan provided that loans were received under Part II. to 19 CFR 355.22(d)(3). Therefore, all For this reason, where we could not information regarding Creation’s volume companies are assigned the country- and value of exports during the 1993 determine if loans were obtained under wide rate in 1992. In 1993, Eastern had Part I or Part II, we assumed that they administrative review period and a significantly different rate. Based on regarding Creation’s non-use of certain were obtained under Part I and were BIA, Creation also had a significantly specifically benefitting subject programs during that review period. For different rate. These companies are these preliminary results, we have merchandise exports to the United treated separately for assessment and States. Therefore, we divided the benefit utilized the information provided by the cash deposit purposes. All other Government of Pakistan to the extent derived from Part I loans by total companies are assigned the country- exports of subject merchandise to the that it permitted us to calculate a wide rate. United States. On this basis, we program-specific rate for Creation. See preliminarily determine the net subsidy Certain Steel Products from Italy; Final Analysis of Programs from this program for 1992 to be 0.72 Affirmative Countervailing Duty I. Programs Previously Determined to percent ad valorem for all Determinations (58 FR 37327, 37329; Confer Bounties or Grants manufacturers and exporters in Pakistan July 9, 1993). In the case of two of shop towels. For 1993, we programs, this information was A. Export Financing preliminarily determine the net subsidy inadequate and, in accordance with The Export Finance Scheme (EFS), from this program to be 0.49 percent ad section 776 of the Act, we assigned to which is administered by the State Bank valorem for all manufacturers and Creation a tier-one BIA rate for those of Pakistan, grants short-term loans at exporters in Pakistan of shop towels, programs for 1993. This tier one BIA below-market interest rates to exporters. except for Eastern, who has a rate is the highest individual rate found, The EFS has two parts. Under Part I, significantly different subsidy rate. The either in the investigation or in a exporters may obtain financing on rate for Eastern is 6.31 percent ad subsequent administrative review, for irrevocable letters of credit or firm valorem. As BIA, we assigned to these programs. export orders. Under Part II, exporters Creation the rate determined for Eastern Most companies did not provide may obtain financing in the form of a in the 1993 review, because it is the information regarding the benefits credit line based upon the value of the highest rate calculated for any company earned under the Income Tax Reduction previous year’s eligible exports. The that used this program in any Program. For these companies, we used Department found this program administrative review. tier one BIA for this program in both countervailable in the investigation (see reviews. Eight others attempted to Cotton Shop Towels from Pakistan: B. Excise Tax, Sales Tax and Customs cooperate but provided inadequate Final Affirmative Countervailing Duty Duty Rebate Programs information as to the benefit earned Determination (49 FR 1408; January 11, The Central Bureau of Revenue under this program during 1993. For 1984)) (investigation) and in all administers the rebate of excise taxes, these companies, we used tier two BIA. subsequent reviews in accordance with sales taxes and customs duties on both Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50275 domestic and imported inputs used in depended on the size of the company program to be 1.42 percent ad valorem exported products. The excise tax rebate and the form of business ownership. In for all manufacturers and exporters in applicable to cotton shop towels during case of a loss (i.e., where there was no shop towels from Pakistan during 1992. the review periods was 6.0 percent from tax liability), the export income tax For 1993, we preliminarily determine January 1, 1992 through September 27, credit could be carried forward to the the net subsidy from this program to be 1992, 4.72 percent from September 28, following year as an offset against 1.19 percent ad valorem for all 1992 through July 13, 1993, and 1.79 income. In accordance with section manufacturers and exporters in Pakistan percent from July 14, 1993 through 771(5) of the Act, the Department found of shop towels, except for Eastern December 31, 1993. This rebate is this program countervailable in the Textiles and Creation, who had calculated on the basis of the f.o.b. value investigation and all subsequent reviews significantly different overall subsidy of exports. There was no rebate of sales because receipt of this benefit was rates. For Eastern, we calculated the taxes or customs duties in either review contingent upon export performance. benefit to be 1.84 ad valorem. For period. There has been no information provided Creation, we assigned a tier one BIA rate In the investigation and subsequent in this review to warrant of 1.88 percent ad valorem because it is reviews, we found the program reconsideration of this program’s the highest rate calculated for any countervailable because the Government countervailability. company that used this program in any of Pakistan failed to establish the This program was modified in 1992. administrative review. requisite linkage and comparison Effective July 1, 1992, the Finance Act between taxes paid and rebates 1992, under section 80cc of the Income II. Other Programs provided. In this review, the Tax Ordinance, required the commercial We examined the following programs Government of Pakistan did not provide banks to withhold the income tax at and preliminarily determine that new information to establish the source from all foreign exchange exporters of cotton shop towels did not required linkage. Therefore, we proceeds. The amount withheld apply for or receive benefits under them preliminarily determine that the becomes the company’s final tax during the review periods: Government of Pakistan pays these liability irrespective of whether or not • Import Duty Rebates rebates without regard to specific taxes the company is profitable. Eligible • Export Credit Insurance incurred in the production of shop exporters continued to receive a tax Preliminary Results of Reviews towels and that the full amount of the reduction rate on export earnings. For rebate is countervailable because the shop towel exporters, the reduction was For 1992, we preliminarily determine rebate is contingent upon export 0.50 percent of total export earnings. the net subsidy to be 7.81 percent ad performance. See Preliminary Results of To calculate the benefit to each valorem for all companies. For 1993, we Countervailing Duty Administrative company, we subtracted the total preliminarily determine the net subsidy Review: Cotton Shop Towels from amount of income tax the company to be 11.50 percent ad valorem for Pakistan (58 FR 32104; June 8, 1993) actually paid during the review period Eastern, 11.54 percent ad valorem for and Final Results of Countervailing from the amount of tax the company Creation and 5.02 percent ad valorem Duty Administrative Review: Cotton would have paid during the review for all other companies. Shop Towels from Pakistan (58 FR period had it not claimed any If the final results of these reviews 48038; September 14, 1993). reductions under the Income Tax remain the same as these preliminary These cash rebates are earned on a Reduction Program. We then divided results, the Department intends to sale-by-sale basis, and a firm can this difference by the value of the instruct the U.S. Customs Service to precisely calculate the amount of rebate company’s total exports. See assess countervailing duties of 7.81 it will receive for each export sale at the Preliminary Results of Countervailing percent ad valorem for all shipments of moment the sale is made. Because the Duty Administrative Review; Certain the subject merchandise exported from amount of these rebates is known at the Iron Metal Castings From India (61 FR Pakistan on or after January 1, 1992 and time of export, we calculate the benefit 25623; May 22, 1996). For those on or before December 31, 1992. For all from this rebate program on an ‘‘as- companies which did not provide shipments of the subject merchandise earned’’ basis for all exporters, information regarding the benefits exported from Pakistan on or after including Creation. To calculate the earned from these claimed reductions in January 1, 1993 and on or before benefit, we separately weight-averaged one or both reviews, we assumed that December 31, 1993, the Department the rates applicable to cotton shop towel they received benefits from this intends to instruct the U.S. Customs exports during the 1992 and 1993 program, and assigned, as BIA, a rate of Service to assess countervailing duties review periods. On this basis, we 1.88 percent, the highest rate found, of 11.50 percent ad valorem for all preliminarily determine the net subsidy either in the investigation or in a shipments of the subject merchandise from these programs to be 5.67 percent subsequent administrative review, for from Eastern, 11.54 percent ad valorem ad valorem for all manufacturers and this program. We are using the highest for all shipments of the subject exporters in Pakistan of shop towels rate found under this program because merchandise from Creation and 5.02 during 1992. For 1993, we preliminarily respondents failed to provide needed percent ad valorem from all others. determine the net subsidy from these information even after the Department’s The Department also intends to programs to be 3.35 percent ad valorem repeated requests for the information instruct the U.S. Customs Service to for all manufacturers and exporters in from the shop towel exporters. In those collect a cash deposit of estimated Pakistan of shop towels, including instances where an exporter cooperated countervailing duties of 11.50 percent of Creation. by attempting to provide data, but failed the f.o.b. invoice price on all shipments to provide adequate information on of this merchandise from Eastern, 11.54 C. Income Tax Reductions which to calculate accurately the benefit percent of the f.o.b. invoice price on all Before July 1992, the Government of during 1993, we relied on company- shipments of this merchandise from Pakistan provided firms with a specific information provided in the Creation, and 5.02 percent of the f.o.b. maximum 50-percent reduction of their 1992 review for tier two BIA. invoice price from all others on all income taxes on income generated from On this basis, we preliminarily shipments of this merchandise entered, exports. The percentage of the reduction determine the net subsidy from this or withdrawn from warehouse, for 50276 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices consumption on or after the date of SUMMARY: NMFS has received a request injure a marine mammal or marine mammal publication of the final results of these from the U.S. Air Force for an stock in the wild; or (b) has the potential to reviews. authorization to take small numbers of disturb a marine mammal or marine mammal Parties to the proceeding may request seals, sea lions and fur seals by stock in the wild by causing disruption of harassment incidental to launches of behavioral patterns, including, but not disclosure of the calculation limited to, migration, breathing, nursing, methodology and interested parties may Taurus space launch vehicles (Taurus breeding, feeding, or sheltering. request a hearing not later than 10 days SLV) at Launch Support Complex 576E after the date of publication of this (LSC- 576E), Vandenberg Air Force Subsection 101(a)(5)(D) establishes a notice. Interested parties may submit Base, CA (Vandenberg). Under the 45-day time limit for NMFS review of an written arguments in case briefs on Marine Mammal Protection Act application followed by a 30-day public these preliminary results within 30 days (MMPA), NMFS is requesting comments notice and comment period on any of the date of publication. Rebuttal on its proposal to authorize the proposed authorizations for the briefs, limited to arguments raised in incidental take, by harassment, of small incidental harassment of small numbers case briefs, may be submitted seven numbers of Pacific harbor seals, and of marine mammals. Within 45 days of days after the time limit for filing the other seal and sea lion species, in the the close of the comment period, NMFS case brief. Parties who submit written vicinity of Vandenberg for a period of 1 must either issue or deny issuance of arguments in this proceeding are year. the authorization. DATES: requested to submit with the argument Comments and information must Summary of Request (1) a statement of the issue and (2) a be received no later than October 25, brief summary of the argument. Any 1996. On August 14, 1996, NMFS received hearing, if requested, will be held seven ADDRESSES: Comments on the a revised application from the U.S. Air days after the scheduled date for application should be addressed to Force, Vandenberg, requesting an submission of rebuttal briefs. Copies of Chief, Marine Mammal Division (Attn: authorization for the harassment of case briefs and rebuttal briefs must be Small Take Program Manager), Office of small numbers of harbor seals and served on interested parties in Protected Resources, National Marine possibly California sea lions and accordance with 19 CFR 355.38(e). Fisheries Service, 1315 East-West northern elephant seals, incidental to Representatives of parties to the Highway, Silver Spring, MD 20910. A launches of Taurus SLVs at LSC–576E, proceedings may request disclosure of copy of the application and previous Vandenberg. These launches would proprietary information under Federal Register notices on related place commercial payloads into earth administrative protective order no later actions may be obtained by writing to orbit. Because LSC–576E is located than 10 days after the representative’s this address or by telephoning one of north of most other launch complexes at client or employer becomes a party to the contacts listed below. Vandenberg and because there are oil the proceedings, but in no event later FOR FURTHER INFORMATION CONTACT: production platforms located off the than the date the case briefs are due. Kenneth Hollingshead, Office of coast to the south of LSC–576E, The Department will publish the final Protected Resources at 301–713–2055, missions flown from LSC–576E do not results of these administrative reviews, or Irma Lagomarsino, Southwest fly directly on their final southward including the results of its analysis of Regional Office at 310–980–4016. course. The normal trajectory for a LSC– issues raised in any case or rebuttal brief SUPPLEMENTARY INFORMATION: 576E launch is in a general west-south- or at a hearing. west direction away from the coastline. This administrative review and notice Background The flight paths for each 1997 launch are in accordance with section 751(a)(1) Section 101(a)(5)(A) of the MMPA (16 will proceed on an initial azimuth of of the Act (19 U.S.C. 1675(a)(1)) and 19 U.S.C. 1361 et seq.) directs NMFS to 205° until approximately 24 kilometers CFR 355.22. allow, upon request, the incidental, but (km )(15 miles (mi)) west of the Dated: September 16, 1996. not intentional, taking of marine shoreline. The Taurus SLV will then Robert S. LaRussa, mammals by U.S. citizens who engage perform a dogleg maneuver left to a final in a specified activity (other than mission-specific azimuth of between Acting Assistant Secretary for Import ° ° Administration. commercial fishing) within a specified 180 and 197 . No Taurus SLV launch from LSC–576E will proceed southeast, [FR Doc. 96–24605 Filed 9–24–96; 8:45 am] geographical region if certain findings are made and regulations are issued. overflying San Miguel (SMI) or Santa BILLING CODE 3510±DS±P Permission may be granted if NMFS Rosa islands. Orbital Sciences finds that the taking will have a Corporation (OSC 1996) anticipates National Oceanic and Atmospheric negligible impact on the species or launching two Taurus SLVs during the Administration stock(s), will not have an unmitigable 1-year period of validity for this adverse impact on the availability of the proposed authorization. [I.D. 091396A] species or stock(s) for subsistence uses, As a result of the noise associated and the permissible methods of taking with the launch itself and the resultant Small Takes of Marine Mammals and requirements pertaining to the sonic boom, there is the potential to Incidental to Specified Activities; monitoring and reporting of such taking cause a startle response to those harbor Taurus Space Launch Vehicles at are set forth. seals that haul out on the coastline Vandenberg Air Force Base, CA Subsection 101(a)(5)(D) of the MMPA south and southwest of Vandenberg and established an expedited process by AGENCY: National Marine Fisheries may be detectable to marine mammals Service (NMFS), National Oceanic and which U.S. citizens can apply for an in waters off Vandenberg and to the Atmospheric Administration (NOAA), authorization to incidentally take small west of the Channel Islands. Launch Commerce. numbers of marine mammals by noise would be expected to occur over harassment for a period of up to 1 year. the coastal habitats in the vicinity of ACTION: Notice of receipt of application The MMPA defines ‘‘harassment’’ as: LSC–576E while a low-level sonic boom and proposed authorization for a small may be heard west of the Channel take exemption; request for comments. ** *any act of pursuit, torment, or annoyance which (a) has the potential to Islands. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50277

Description of Habitat and Marine on Vandenberg (between Point Sal and noise and possibly a sonic boom below Mammals Affected by Taurus Jalama Beach), although not all sites are 50 Hz. Twenty of 74 harbor seals that The Southern California Bight (SCB), used regularly (Roest 1995). For most of were monitored at Rocky Point fled into including the Channel Islands area, the year, the average number of harbor the water within several seconds of the supports a diverse assemblage of seals on the Vandenberg coast is about sound arriving there. However, none of pinnipeds (seals and sea lions) and 330 individuals. This number nearly the four young pups that were ashore cetaceans (whales, dolphins, and doubles during the molting season left the beach nor were they separated porpoises). California sea lions (June) to roughly 610. The largest from their mothers. A comparison of the (Zalophus californianus), northern population occurs on South reactions of harbor seals to sound at the elephant seals (Mirounga angustirostris), Vandenberg, although a smaller two study sites indicates that the Pacific harbor seals (Phoca vitulina) and permanent population is present at two intensity and duration of reactions of northern fur seals (Callorhinus ursinus) sites near Purisima Point on North harbor seals to the type of noise breed on the Islands, with the largest Vandenberg. In general, it appears that associated with the Taurus SLV was rookeries on SMI and San Nicolas the current population of harbor seals at directly related to the intensity of the Island. all 19 haulout sites on Vandenberg noise to which they were exposed A small breeding population of peaks at roughly 600 to 800 seals (Air (Stewart et al. 1994). Substantially more California sea lions occurs on Force 1996). seals reacted to the launch noise at Maximum numbers of harbor seals at Vandenberg, and both sea lions and Purisima Point than at Rocky Point. Purisima Point in May/June average northern elephant seals are regular Furthermore, seals at Purisima Point about 40 while the Spur Road site seems visitors to the shoreline near LSC–576E. reacted much more energetically and to have an average maximum of from 60 A small population of harbor seals are remained in the water substantially to 80 individuals, and Rocky Point has normal residents of Purisima Point, and longer at Purisima Point than did seals approximately 70 harbor seals in the southern sea otters (Enhydra lutra) were at Rocky Point. spring. More than other sites, Spur Road Although monitoring was apparently censused there during the spring of appears to have peak numbers in the fall not conducted at Spur Road 19951. (Air Force 1996, Roest 1995). However, (approximately 0.5 mi (804 m) from Because it is the only species that both the Spur Road and Purisima Point LSC–576E) in 1994, based upon hauls out along the Vandenberg coast in sites are submerged at high tide, making measurements for Delta II (Aerospace any numbers, the harbor seal is the only them unavailable to harbor seals during Corporation 1996) and comparing these marine mammal anticipated to be those times. results with Taurus (Stewart et al. 1994), incidentally harassed by Taurus SLV an SEL can be estimated for Spur Road launches. A description of the SCB Potential Effects of Taurus SLV to be approximately 115 dBA (129 dB population of harbor seals and other Launches on Marine Mammals unweighted). While an SPL of 115–120 pinniped species was provided in the The effect on harbor seals is expected dBA (re 20µPa @ 1 m) may cause a notices published on May 10, 1995 (60 to be disturbance by sound, which is short-term (minutes to hours), FR 24840) and August 18, 1995 (60 FR anticipated to result in a negligible temporary threshold shift (TTS) injury 43120), in conjunction with publication short-term impact to small numbers of to hearing (Richardson et al. 1995), due of the previous notices of application for harbor seals and other pinnipeds that to the infrequency of launches at LSC– Vandenberg launch activities and is, are hauled out at the time of Taurus SLV 576E and nearby LSC–2W, TTS-injuries therefore, not repeated here. In addition, launches. No impacts are anticipated to are not expected to be serious and the new information on harbor seals has animals that are in the water at the time animals will recover. been provided more recently in another of launch. Detailed descriptions and Rocket engine noise over the Northern notice (61 FR 45404, August 29, 1996) analyses of the expected impact from Channel Islands (NCI) from the just- and is summarized below. Additional rocket launches on harbor seals and launched Taurus SLVs traveling at information on California marine other marine mammals have been supersonic speeds should not affect mammal populations can be found in provided in previous notices (60 FR pinnipeds hauled out on these islands. Barlow et al. (1995), while marine 24840, May 10, 1995; 60 FR 38308, July The Taurus SLV flight paths will be to mammal information specific to 26, 1995; 60 FR 43120, August 18, 1995; the west-southwest away from the Vandenberg can be found in Roest 60 FR 52653, October 10, 1995; and 61 California coast. Sonic boom noise (1995). Interested reviewers are FR 10727, March 15, 1996) and are not developed as a result of these launches encouraged to refer to the documents repeated here. These documents are is not expected to reach the Channel cited above for the appropriate available from NMFS (see ADDRESSES). Islands. Low intensity rumbling noise discussion. These documents are also Based upon measurements made on a may reach the Channel Islands with the available from NMFS (see ADDRESSES). March 13, 1994, Taurus SLV launch by effect ranging from a simple alert Hanan and Beeson (1994) reported Stewart et al. (1994), the sound response to a startle response, which, 21,462 seals counted on the mainland exposure level (SEL) recorded at while unlikely, could result in coast and islands of California during Purisima Point (40–second duration; movement into the water. The initial May and June 1994. Using that count 2.24 km (1.4 mi) from the launch pad) Taurus SLV launch from LSC–576E did and Huber et al.’s (1993) correction was 108.1 dB (A-weighted: re 20µPa @ not cause a sonic boom over SMI, and factor (1.61 times the count) for animals 1 m) and 127.4 dB (unweighted). there was no response by pinniped not hauled out gives a best population Twenty of the 23 harbor seals that were species on SMI (OSC 1996) from launch estimate of 34,554 harbor seals in hauled out at this location before the noise. California (Barlow et al. 1995). A total launch fled immediately into the water of 19 distinct haulout sites are present within a few seconds after launch. The Mitigation A-weighted SEL of noise recorded at Unless constrained by other factors 1 Sea otters are under the jurisdiction of the U.S. Rocky Point (130–second duration; 20.4 including, but not limited to, human Fish and Wildlife Service (USFWS) and not NMFS. Discussions between the applicant and the USFWS km (12.7 mi) from the launch pad) was safety, national security, or launch have taken place. Please contact those agencies for 80.0 dB, while the unweighted SEL was trajectories, efforts to ensure minimum additional information. 103.9 dB. That noise included launch negligible impacts of Taurus SLV 50278 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices launches on harbor seals and other in a non-serious TTS injury to those (202) 482–4212. For information on the pinnipeds are proposed for inclusion in harbor seals hauled out or on the water quota status of this level, refer to the the Incidental Harassment surface within approximately 3,000 ft of Quota Status Reports posted on the Authorization. These proposals include: LSC–576E. The launching is not bulletin boards of each Customs port or 1. Avoidance, whenever possible, of expected to result in any reduction in call (202) 927–5850. For information on launches during the harbor seal pupping the number of harbor seals, and they are embargoes and quota re-openings, call season of February through May (the expected to continue to occupy the (202) 482–3715. scheduled 1997 Taurus SLV launches same area. In addition, there will not be are presently scheduled outside this any impact on the habitat itself. Based SUPPLEMENTARY INFORMATION: period); and upon studies conducted for previous Authority: Executive Order 11651 of March 2. Preference for night launches space vehicle launches at Vandenberg, 3, 1972, as amended; section 204 of the during the period of the year when significant long-term impacts on harbor Agricultural Act of 1956, as amended (7 harbor seals are hauled out in any seals at Vandenberg are unlikely but U.S.C. 1854); Uruguay Round Agreements numbers along the coast of North may eventually be determined by the Act. Vandenberg. frequency and timing of all launches at On the request of the Government of Monitoring and Reporting Vandenberg. the Dominican Republic, the U.S. The holder of the Incidental Proposed Authorization Government agreed to increase the 1996 Harassment Authorization has proposed NMFS proposes to issue an incidental Guaranteed Access Level for Category a monitoring program to assess the harassment authorization for 1 year for 448. impact of Taurus SLV launches on the launches of Taurus SLV at LSC–576E harbor seal haulouts in the vicinity of A description of the textile and provided the monitoring and reporting apparel categories in terms of HTS Spur Road and Purisima Point. The requirements are implemented. NMFS applicant proposes to monitor the numbers is available in the has preliminarily determined that the CORRELATION: Textile and Apparel harbor seal population at these locations proposed launches of Taurus SLVs at for a period of 3 days prior to launch, Categories with the Harmonized Tariff LSC–576E would result in the Level A Schedule of the United States (see immediately following launch, and for a harassment taking of only small 3-day period following launch. The Federal Register notice 60 FR 65299, numbers of harbor seals, will have a published on December 19, 1995). Also monitoring will consist of a population negligible impact on the harbor seal assessment to determine if there is any see 61 FR 1359, published on January stock and will not have an unmitigable 19, 1996. reduction in numbers of animals or a adverse impact on the availability for notable change in behavior. Video and subsistence uses. The letter to the Commissioner of photographic monitoring of daylight Customs and the actions taken pursuant launches would also be conducted if Information Solicited to it are not designed to implement all any launch takes place between NMFS requests interested persons to of the provisions of the Uruguay Round February and September 1997. The submit comments, information, and Agreements Act and the Uruguay Round applicant will also perform additional suggestions concerning this request (see Agreement on Textiles and Clothing, but post-launch monitoring for any ADDRESSES). are designed to assist only in the launches conducted during the harbor implementation of certain of their Dated: September 19, 1996. seal pupping season. OSC will conduct provisions. Rennie S. Holt, an acoustic (sound propagation) D. Michael Hutchinson, monitoring program for the first Taurus Acting Director, Office of Protected Resources, National Marine Fisheries Service. Acting Chairman, Committee for the SLV launch at LSC–576E and the Implementation of Textile Agreements. applicant will continue its program for [FR Doc. 96–24509 Filed 9–24–96; 8:45 am] prediction and monitoring focused BILLING CODE 3510±22±F Committee for the Implementation of Textile sonic boom impacts on the NCI. Agreements A report on this monitoring program September 19, 1996. would be required to be submitted prior COMMITTEE FOR THE Commissioner of Customs, to next year’s authorization request, IMPLEMENTATION OF TEXTILE Department of the Treasury, Washington, DC unless the monitoring indicated that AGREEMENTS 20229. serious injuries or mortalities had Dear Commissioner: This directive occurred that might relate to the Increase of a Guaranteed Access Level amends, but does not cancel, the directive launching. In this case, the for Certain Wool Textile Products issued to you on January 11, 1996, by the authorization would require immediate Produced or Manufactured in the Chairman, Committee for the Implementation notification of this fact to the Southwest Dominican Republic of Textile Agreements. That directive Regional Director, NMFS. concerns imports of certain cotton, wool and September 19, 1996. Conclusions man-made fiber textile products, produced or AGENCY: Committee for the manufactured in the Dominican Republic Based upon information provided by Implementation of Textile Agreements and exported during the twelve-month the applicant, the results from (CITA). period which began on January 1, 1996 and monitoring a previous Taurus SLV ACTION: Issuing a directive to the extends through December 31, 1996. launch, and previous reviews of the Commissioner of Customs increasing a Effective on September 25, 1996, you are incidental take of harbor seals by this guaranteed access level. directed to increase the Guaranteed Access activity, NMFS believes that the short- Level for Category 448 to 100,000 dozen. term impact of the launching of Taurus EFFECTIVE DATE: September 25, 1996. The Committee for the Implementation of SLVs is expected to result at worst, in FOR FURTHER INFORMATION CONTACT: Textile Agreements has determined that this a temporary reduction in utilization of Naomi Freeman, International Trade action falls within the foreign affairs the haulout as seals leave the beach for Specialist, Office of Textiles and exception of the rulemaking provisions of 5 the safety of the water and may result Apparel, U.S. Department of Commerce, U.S.C. 553(a)(1). Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50279

Sincerely, Department of the Treasury, Washington, DC the Russian Federation with respect to D. Michael Hutchinson, 20229. women’s and girls’ wool coats in Acting Chairman, Committee for the Dear Commissioner: This directive Category 435. Implementation of Textile Agreements. amends, but does not cancel, the directive In a Memorandum of Understanding issued to you on November 29, 1995, by the [FR Doc. 96–24518 Filed 9–24–96; 8:45 am] (MOU) dated August 5, 1996, the Chairman, Committee for the Implementation BILLING CODE 3510±DR±F Governments of the United States and of Textile Agreements. That directive the Russian Federation agree to concerns imports of certain cotton, wool and man-made fiber textiles and textile products establish limits for wool textile products Adjustment of an Import Limit for and silk blend and other vegetable fiber in Category 435 for four consecutive Certain Man-Made Fiber Textile apparel, produced or manufactured in one-year periods, beginning on October Products Produced of Manufactured in Malaysia and exported during the twelve- 1, 1996 and extending through Malaysia month period which began on January 1, September 30, 2000. 1996 and extends through December 31, In the letter published below, the September 19, 1996. 1996. Chairman of CITA directs the AGENCY: Committee for the Effective on September 25, 1996, you are Commissioner of Customs to establish a directed to increase the limit for Category 619 limit for Category 435 for the period Implementation of Textile Agreements 1 to 5,079,556 square meters , as provided for October 1, 1996 through September 30, (CITA). under the terms of the Uruguay Round ACTION: Issuing a directive to the Agreements Act and the Uruguay Round 1997. Commissioner of Customs increasing a Agreement on Textiles and Clothing. This limit may be subject to revision limit. The Committee for the Implementation of pursuant to the Uruguay Round Textile Agreements has determined that this Agreements Act and the Uruguay Round EFFECTIVE DATE: September 25, 1996. action falls within the foreign affairs Agreement on Textiles and Clothing on exception to the rulemaking provisions of 5 the date that the Russian Federation FOR FURTHER INFORMATION CONTACT: Ross U.S.C.553(a)(1). becomes a member of the World Trade Arnold, International Trade Specialist, Sincerely, Office of Textiles and Apparel, U.S. Organization. D. Michael Hutchinson, A description of the textile and Department of Commerce, (202) 482– apparel categories in terms of HTS 4212. For information on the quota Acting Chairman, Committee for the Implementation of Textile Agreements. numbers is available in the status of this limit, refer to the Quota CORRELATION: Textile and Apparel Status Reports posted on the bulletin [FR Doc.96–24517 Filed 9–24–96; 8:45 am] Categories with the Harmonized Tariff boards of each Customs port or call BILLING CODE 3510±DR±F Schedule of the United States (see (202) 927–6712. For information on Federal Register notice 60 FR 65299, embargoes and quota re-openings, call Settlement of Import Limits for Certain published on December 19, 1995). (202) 482–3715. Wool Textile Products Produced or The letter to the Commissioner of SUPPLEMENTARY INFORMATION: Manufactured in Russia Customs and the actions taken pursuant Authority: Executive Order 11651 of March to it are not designed to implement all 3, 1972, as amended; section 204 of the September 19, 1996. of the provisions of the August 5, 1996 Agricultural Act of 1956, as amended (7 AGENCY: Committee for the MOU, but are designed to assist only in U.S.C. 1854); Uruguay Round Agreements Implementation of Textile Agreements the implementation of certain of its Act. (CITA). provisions. The current limit for Category 619 is ACTION: Issuing a directive to the D. Michael Hutchinson, being increased for carryover. Commissioner of Customs establishing a Acting Chairman, Committee for the A description of the textile and limit. Implementation of Textile Agreements. apparel categories in terms of HTS EFFECTIVE DATE: October 1, 1996. Committee for the Implementation of Textile numbers is available in the FOR FURTHER INFORMATION CONTACT: Agreements CORRELATION: Textile and Apparel Naomi Freeman, International Trade September 19, 1996. Categories with the Harmonized Tariff Specialist, Office of Textiles and Commissioner of Customs, Schedule of the United States (see Apparel, U.S. Department of Commerce, Department of the Treasury, Washington, DC Federal Register notice 60 FR 65299, (202) 482–4212. For information on the 20229. published on December 19, 1995). Also quota status of this limit, refer to the Dear Commissioner: Under the terms of see 60 FR 62394, published on Quota Status Reports posted on the section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854); the December 6, 1995. bulletin boards of each Customs port or The letter to the Commissioner of Memorandum of Understanding dated call (202) 927–5850. For information on August 5, 1996 between the Governments of Customs and the actions taken pursuant embargoes and quota re-openings, call the United States and the Russian Federation; to it are not designed to implement all (202) 482–3715. and in accordance with the provisions of of the provisions of the Uruguay Round Executive Order 11651 of March 3, 1972, as SUPPLEMENTARY INFORMATION: Agreements Act and the Uruguay Round amended, you are directed to prohibit, Agreement on Textiles and Clothing, but Authority: Executive Order 11651 of March effective on October 1, 1996, entry into the are designed to assist only in the 3, 1972, as amended; section 204 of the United States for consumption and implementation of certain of their Agricultural Act of 1956, as amended (7 withdrawal from warehouse for consumption U.S.C. 1854). provisions. of wool textile products in Category 435, produced or manufactured in the Russian D. Michael Hutchinson, A notice published in the Federal Register on September 20, 1995 (60 FR Federation and exported during the twelve- Acting Chairman, Committee for the month period beginning on October 1, 1996 Implementation of Textile Agreements. 48695) announces a request by the and extending through September 30, 1997, Government of the United States for in excess of 51,000 dozen. Committee for the Implementation of Textile consultations with the Government of Textile products in Category 435 which Agreements have been exported to the United States prior September 19, 1996. 1 The limit has not been adjusted to account for to October 1, 1996 shall not be subject to this Commissioner of Customs, any imports exported after December 31, 1995. directive. 50280 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

Textile products in Category 435 which transmission to facsimile number (202) Washington, DC 20581 by the specified have been released from the custody of the 418–5521, or by electronic mail to date. U.S. Customs Service under the provisions of [email protected]. Reference should be Issued in Washington, DC, on September 19 U.S.C. 1448(b) or 1484(a)(1) prior to the made to the Chicago Mercantile effective date of this directive shall not be 19, 1996. denied entry under this directive. Exchange Dow Jones Taiwan Stock John R. Mielke, Should the Russian Federation become a Index futures and futures option Acting Director. contracts. member of the World Trade Organization, the [FR Doc. 96–24594 Filed 9–24–96; 8:45 am] limit set forth above may be subject to FOR FURTHER INFORMATION CONTACT: BILLING CODE 6351±01±P revision pursuant to the Uruguay Round Please contact Stephen Sherrod of the Agreements Act and the Uruguay Round Agreement on Textiles and Clothing. Division of Economic Analysis, In carrying out the above directions, the Commodity Futures Trading Chicago Mercantile Exchange: Commissioner of Customs should construe Commission, Three Lafayette Centre, Proposed Amendments to the Cash entry into the United States for consumption 1155 21st St., NW, Washington, DC Settlement Provisions of the CME to include entry for consumption into the 20581, telephone 202–418–5277. Three-Month Eurodollar and One- Commonwealth of Puerto Rico. Facsimile number: (202) 418–5527. Month LIBOR Futures Contracts The Committee for the Implementation of Electronic mail: [email protected] Textile Agreements has determined that this AGENCY: Commodity Futures Trading SUPPLEMENTARY INFORMATION: action falls within the foreign affairs The Dow Commission. exception to the rulemaking provisions of 5 Jones Taiwan Stock Index is a U.S.C.553(a)(1). capitalization-weighted index of 113 ACTION: Notice of availability of the Sincerely, stocks listed on the Taiwan Stock terms and conditions of proposed D. Michael Hutchinson, Exchange. The index underlying the amendments to commodity futures Acting Chairman, Committee for the original application, the Taiwan Stock contracts. Implementation of Textile Agreements. Index, is a capitalization-weighted SUMMARY: [FR Doc.96–24519 Filed 9–24–96; 8:45 am] index of 100 stocks listed on the Taiwan The Chicago Mercantile Exchange (CME or Exchange) has BILLING CODE 3510±DR±F Stock Exchange. The Dow Jones Taiwan Stock Index and the Taiwan Stock Index submitted proposed amendments to the have an overlap of 86 stocks; the weight cash settlement provisions of its three- month Eurodollar and one-month COMMODITY FUTURES TRADING of those 86 stocks in the Dow Jones LIBOR futures contracts. Under the COMMISSION Taiwan Stock Index is 95.33%, and the weight of those in the Taiwan Stock proposal, cash settlement of the Chicago Mercantile Exchange Index is 93.50%. Thus, the Dow Jones contracts would be based upon an Proposed Futures and Option Taiwan Stock Index is a close substitute interest rate survey conducted by the Contracts on the Dow Jones Taiwan for the Taiwan Stock Index. British Bankers’ Association (BBA), Stock Index rather than by the CME. The Acting Copies of the terms and conditions Director of the Division of Economic AGENCY: Commodity Futures Trading will be available for inspection at the Analysis (Division) of the Commission, Commission. Office of the Secretariat, Commodity acting pursuant to the authority Futures Trading Commission, Three ACTION: Notice of availability of the delegated by Commission Regulation terms and conditions of proposed Lafayette Centre, 1155 21st St., NW, 140.96, has determined that publication commodity futures and futures option Washington, D.C. 20581. Copies of the of the proposal for comment is in the contracts. terms and conditions can be obtained public interest, will assist the through the Office of the Secretariat by Commission in considering the views of SUMMARY: The Chicago Mercantile mail at the above address or by phone interested persons, and is consistent Exchange (CME or Exchange) originally at (202) 418–5097. with the purposes of the Commodity applied for designation as a contract Other materials submitted by the CME Exchange Act. market in futures and futures options on in support of the applications for DATES: the Taiwan Stock Index. Comment on contract market designation may be Comments must be received on the proposed contracts was requested in available upon request pursuant to the or before October 10, 1996. a Federal Register notice dated June 21, Freedom of Information Act (5 U.S.C. ADDRESSES: Interested persons should 1996 (61 FR 25636). The Acting Director 552) and the Commission’s regulations submit their views and comments to of the Division of Economic Analysis thereunder (17 CFR Part 145 (1987)), Jean A. Webb, Secretary, Commodity (Division) of the Commission, acting except to the extent they are entitled to Futures Trading Commission, Three pursuant to the authority delegated by confidential treatment as set forth in 17 Lafayette Centre, 1155 21st St., NW, Commission Regulation 140.96, has CFR 145.5 and 145.9. Requests for Washington, DC 20581. In addition, determined that, in this instance, an copies of such materials should be made comments may be sent by facsimile additional period for public comment to the FOI, Privacy and Sunshine Act transmission to facsimile number (202) on the CME’s amended proposals in the Compliance Staff of the Office of the 418–5521, or by electronic mail to Dow Jones Taiwan Stock Index is Secretariat at the Commission’s [email protected]. Reference should be warranted. headquarters in accordance with 17 CFR made to the amendments to the CME DATES: Comments must be received on 145.7 and 145.8. three-month Eurodollar and one-month or before October 10, 1996. Any person interested in submitting LIBOR futures contracts. ADDRESSES: Interested persons should written data, views, or arguments on the FOR FURTHER INFORMATION CONTACT: submit their views and comments to proposed terms and conditions, or with Please contact Stephen Sherrod of the Jean A. Webb, Secretary, Commodity respect to other materials submitted by Division of Economic Analysis, Futures Trading Commission, Three the CME, should send such comments Commodity Futures Trading Lafayette Centre, 1155 21st St., NW, to Jean A. Webb, Secretary, Commodity Commission, Three Lafayette Centre, Washington, DC 20581. In addition, Futures Trading Commission, Three 1155 21st St., NW, Washington, DC comments may be sent by facsimile Lafayette Centre, 1155 21st St., NW, 20581, telephone 202–418–5277. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50281

Facsimile number: (202) 418–5527. terms and conditions can be obtained other veterans of the Gulf War era. The Electronic mail: [email protected] through the Office of the Secretariat by information collected hereby, will be SUPPLEMENTARY INFORMATION: Under mail at the above address or by phone used to evaluate differences in current rules for the subject futures at (202) 418–5097. symptoms and illnesses between contracts, to compute the cash Other materials submitted by the CME military personnel deployed to the Gulf settlement price the CME surveys may be available upon request pursuant War and military personnel who were Exchange-approved reference banks to the Freedom of Information Act (5 stationed elsewhere during that era. It twice on the last day of trading. The U.S.C. 552) and the Commission’s will be used additionally to help define Exchange surveys 16 reference banks regulations thereunder (17 C.F.R. Part post-Gulf War symptoms and illnesses selected at random from a list of at least 145 (1987)), except to the extent they are and to identify host susceptibility and 20 banks designated by the Exchange. entitled to confidential treatment as set environmental risk factors. This study Each reference bank quotes its forth in 17 C.F.R. 145.5 and 145.9. will focus upon a population of U.S. perception of the rate at which three- Requests for copies of such materials Navy Seabees, some of whom have left month Eurodollar time deposits should be made to the FOI, Privacy and military service. currently are offered by the market to Sunshine Act Compliance Staff of the Affected Public: Individual or prime banks in the London interbank Office of the Secretariat at the households. market. The Exchange eliminates the Commission’s headquarters in Frequency: On occasion and one time. four highest and lowest quotes and accordance with 17 C.F.R. 145.7 and Respondent’s Obligation: Voluntary. calculates the settlement yield as the 145.8. OMB Desk Officer: Ms. Allison Eydt. average of the remaining eight quotes, Any person interested in submitting Written comments and rounded to two decimal places (the written data, views, or arguments on the recommendations on the proposed nearest one-hundredth of one-percent). proposed amendments, or with respect information collection should be sent to The cash settlement price is the to other materials submitted by the Ms. Eydt at the Office of Management difference between one hundred and the CME, should send such comments to and Budget, Desk Officer for DoD, Room settlement yield (expressed as a Jean A. Webb, Secretary, Commodity 10235, New Executive Office Building, percent). Cash settlement is effected Futures Trading Commission, Three Washington, DC 20503. using normal variation margin Lafayette Centre, 1155 21st St., NW, DOD Clearance Officer: Mr. William procedures. Washington, DC 20581 by the specified Pearce. Written requests for copies of The Exchange proposes to cash settle date. the information collection proposal the subject futures contracts based on Issued in Washington, DC, on September should be sent to Mr. Pearce, WHS/ the BBA Interest Settlement Rate (ISR) 19, 1996. DIOR, 1215 Jefferson Davis Highway, for Eurodollar deposits of the relevant John Mielke, Suite 1204, Arlington, VA 22202–4302. maturity on the day after the last trading Acting Director. Dated: September 19, 1996. day, rather than on the basis of the [FR Doc. 96–24595 Filed 9–24–96; 8:45 am] Patricia L. Toppings, CME-conducted survey on the last BILLING CODE 6351±01±P Alternate OSD Federal Register Liaison trading day. The BBA ISR is computed Officer, Department of Defense. each day based on a survey of 16 banks [FR Doc. 96–24479 Filed 9–24–96; 8:45 am] that BBA has designated. Each surveyed DEPARTMENT OF DEFENSE BILLING CODE 5000±04±M bank quotes its view of the rate at which three-month Eurodollar time deposits Office of the Secretary are available in the London interbank [Transmittal No. 96±79] market at 11:00 a.m. London time. BBA Public Information Collection Section 36(b) Notification of Arms eliminates the four highest and four Requirement Submitted to the Office of Sales lowest rates and calculates the ISR as Management and Budget (OMB) for the average of the remaining eight Review AGENCY: Department of Defense, quotes, rounded to five decimal places. Security Assistance Agency. ACTION: Notice. The Exchange will compute the ACTION: Notice. settlement yield by rounding the ISR to The Department of Defense has two decimal places. As under current submitted to OMB for clearance, the SUMMARY: The Department of Defense is rules for the contracts, the cash following proposal for collection of publishing the unclassified text of a settlement price will be the difference information under the provisions of the section 36(b) arms sales notification. between one hundred and the Paperwork Reduction Act (44 U.S.C. This is published to fulfill the settlement yield. Chapter 35). requirements of section 155 of P.L. 104– The CME proposes to implement the Title: Epidemiologic Studies of 164 dated 21 July 1996. changes to the cash settlement Morbidity Among Gulf War Veterans: A FOR FURTHER INFORMATION CONTACT: provisions immediately upon Search for Etiologic Agents and Risk Mr. A. Urban, DSAA/COMPT/FPD, Commission approval for application to Factors—Seabee Health Study (Study 5). (703) 604–6575. all existing and newly listed contracts. Type of Request: New collection. The following is a copy of the letter The Division requests comment on Number of Respondents: 10,000. to the Speaker of the House of the proposed changes. Comment also is Responses per Respondent: 1.1. Representatives, Transmittal 96–79, requested of the proposal to apply the Annual Responses: 11,000. with attached transmittal and policy amendments to existing contracts. Average Burden per Response: 37 justification pages. Copies of the proposed amendments minutes. Dated: September 19, 1996. will be available for inspection at the Annual Burden Hours: 6,800 hours. Office of the Secretariat, Commodity Needs and Uses: The Department of L.M. Bynum, Futures Trading Commission, Three Defense is seeking information Alternate OSD Federal Register Liaison Lafayette Centre, 1155 21st St., NW, regarding the prevalence of symptoms Officer, Department of Defense. Washington, D.C. 20581. Copies of the and illnesses in Gulf War veterans and BILLING CODE 5000±04±M 50282 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50283 50284 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

[FR Doc. 96–24478 Filed 9–24–96; 8:45 am] BILLING CODE 5000±04±C Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50285

Claims Settlement Authority Issuance e. Reports on disposition of the effects Department of the Army to Defense Office of Hearings and of deceased members of the Army and Appeals Air Force for settlement under 10 U.S.C. Proposed Collection; Comment 2771, 10 U.S.C. 4712 and 9712; Request AGENCY: Department of Defense, Defense Office of Hearings and Appeals. f. Claims for the proceeds of the sale AGENCY: Director of Information ACTION: Notice. of motor vehicles and items of Systems for Command, Control, household goods and personal property Communications, and Computers SUMMARY: The Legislative Branch of members of the Uniformed Services (DISC4), U.S. Army. Appropriations Act of 1996 transferred reported dead, injured, ill or absent for ACTION: Notice. to the Director of the Office of a period of more than 29 days in a SUMMARY: In compliance with Section Management and Budget (OMB) the missing status; Comptroller General’s authority to settle 3506(c)(2)(A) of the Paperwork claims. The OMB Director subsequently g. Claims for the proceeds from the Reduction Act of 1995, the Department delegated the authorities listed below to disposition of effects of deceased of the Army announces a proposed the Department of Defense (DOD). The residents of the Armed Forces public information collection and seeks Secretary of Defense further delegated Retirement Home; and public comment on the provisions this authority to the Defense Office of h. Claims arising from DOD activities thereof. Comments are invited on: (a) Hearings and Appeals (DOHA). This cognizable under 31 U.S.C. 3702, not Whether the proposed collection of notice announces DOHA’s intent to otherwise delegated by the Director, information is necessary for the proper issue regulations implementing this new OMB. performance of the functions of the authority in the near future and that, in agency, including whether the the meantime, that DOHA will use the Effective September 4, 1996, the information shall have practical utility; procedures and practices applicable to Secretary of Defense further delegated (b) the accuracy of the agency’s estimate the claims before the effective date of the authority to DOHA. of the burden of the proposed the transfer of authority, June 30, 1996, Before the effective date of the information collection; (c) ways to which are published in title 4, Code of transfer, these claims were subject to the enhance the quality, utility, and clarity Federal Regulations, Chapter 1, procedures prescribed by the of the information to be collected; and Subchapter C. Comptroller General at 4 C.F.R. Chapter (d) ways to minimize the burden of the EFFECTIVE DATE: September 25, 1996. 1, Subchapter C (1996). Until DOHA information collection on respondents, ADDRESSES: Comments may be mailed to issues its own regulations implementing including through the use of automated the Defense Legal Services Agency, its new claims authority, DOHA’s policy collection techniques or other forms of Defense Office of Hearings and Appeals, will be to apply these procedures and information technology. Chief, Claims Division, P.O. Box 3656, the U.S. General Accounting Office’s DATES: Consideration will be given to all Arlington, VA 22303. practices to claims submitted to DOHA comments received by November 25, FOR FURTHER INFORMATION CONTACT: for settlement. As an exception, the 1996. Michael Hipple, Chief, Claims Division, authority to issue decisions in review of ADDRESSES: Written comments and 703–696–8524. settlements will be exercised by a recommendations on the proposed SUPPLEMENTARY INFORMATION: Pursuant Claims Appeals Board on behalf of the information collection should be sent to to the Legislative Branch Secretary of Defense. U.S. Army Corps of Engineers, Appropriations Act of 1996, most of the Waterborne Commerce Statistics Center, claims settlement functions of the U.S. For each of the types of claims ATTN: CEWRC–NDC–C (Pierre S. General Accounting Office were described above, claimants should Andrus), P.O. Box 61280, New Orleans, transferred to the Director of OMB. See submit their claims to the agencies out Louisiana 70161–1280. Sec. 211, Pub. L. 104–53, 109 Stat. 535. of whose activity the claim arose and it Consideration will be given to all Subsequently, the Acting Director is the agency’s responsibility to forward comments received within 60 days of delegated these functions to various the claim to DOHA with its comments. the date of publication of this notice. components within the Executive Claimants may submit their claims FOR FURTHER INFORMATION CONTACT: branch in a determination order dated directly to DOHA. However, claimants To request more information on this June 28, 1996. This order delegated to are advised that submitting their claims proposed information collection or to the Department of Defense the authority directly to DOHA may delay obtain a copy of the proposal and to settle the following classes of claims consideration of their claims because associated collection instruments, against the United States: DOHA will not settle a claim without please write to the above address, or call a. Claims related to uniform services first notifying the agency of the claim Department of the Army Reports members’ pay, allowances, travel, and requesting an administrative report clearance officer at (703) 614–0454. transportation, retired pay, and survivor from the agency. Claims should be sent Title: Vessel Operation Report, ENG benefits; to: Defense Legal Services Agency, FORMS 3925, 3925B, and 3925P, OMB b. Claims by transportation carriers Defense Office of Hearings and Appeals, Control Number 0710–0006. for amounts collected from them for loss Needs and Uses: The Corps of Chief, Claims Division. and damage incurred to property Engineers uses ENG Forms 3925, 3925B, incident to shipment at Government Dated: September 19, 1996. and 3925P as the basic instruments to expense; L.M. Bynum, collect waterborne commerce statistics. c. Claims for proceeds of sale of Alternate OSD Federal Register Liaison These data constitute the sole source for unclaimed property coming into the Officer, Department of Defense. domestic vessel movements of freight custody or control of the Army, Navy, [FR Doc. 96–24480 Filed 9–24–96; 8:45 am] and passenger on U.S. navigable Air Force or Coast Guard; waterways and harbors. d. Final settlements of accounts of BILLING CODE 5000±04±M Affected Public: Business or Other for- members of the Armed Forces, Profit. including the National Guard; Annual Burden Hours: 50,166. 50286 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

Number of Respondents: 1,398. please write to the above address, or call Box 2946, Portland, Oregon, 97208– Responses per Respondent: 835. Department of the Army Reports 2946. Average Burden per Response: 41 clearance officer at (703) 614–0454. SUPPLEMENTARY INFORMATION: The minutes. Title: Record of Arrivals and Willamette River Basin lies in Frequency: Monthly. Departures of Vessels at Marine northwestern Oregon. The Willamette SUPPLEMENTARY INFORMATION: This Terminals, ENG FORM 3926, OMB Basin is the largest river basin wholly Paperwork Reduction Act submission is Control Number 0710–0005. within Oregon and supports most of the a currently approved collection. These Needs and Uses: The Corps of State’s population, larger cities, and data are also critical to the enforcement Engineers uses ENG Form 3926 in many major industries. It also contains of the ‘‘Harbor Maintenance Tax’’ conjunction with ENG Forms 3925, some of Oregon’s most productive authorized under Section 1402 of Pub. 3925B, and 3925P as the basic source of agricultural lands and supports L. 99–662. input to conduct the Waterborne nationally and regionally significant Gregory D. Showalter, Commerce Statistics data collection fish, wildlife, and plant species. There program. The annual publications, Army Federal Register Liaison Officer. are a number of streams in the basin ‘‘Waterborne Commerce of the United designated as State scenic waterways [FR Doc. 96–24549 Filed 9–24–96; 8:45 am] States, Parts 1–5’’ are the result of the BILLING CODE 3710±08±M and Federal wild and scenic rivers. program. Water-related recreational opportunities Affected Public: Business or Other for- in the basin are numerous. Profit. Proposed Collection; Comment The basin is bounded on the east by Annual Burden Hours: 2,500. the Cascade mountain range, on the Request Number of Respondents: 450. south by the Calapooya mountains, and AGENCY: Director of Information Responses per Respondent: 12. Average Burden per Response: 5 on the west by the Coast range. The Systems for Command, Control, basin has a drainage area of over 29,000 Communications, and Computers minutes. Frequency: Monthly. square kilometers (11,200 square miles) (DISC4), U.S. Army. at its confluence with the Columbia SUPPLEMENTARY INFORMATION: This ACTION: Notice. River. At Salem, the capital of Oregon, Paperwork Reduction Act submission is near the middle of the basin, the a currently approved collection. If this In compliance with Section drainage area is about 18,900 square data collection program being 3506(c)(2)(A) of the Paperwork kilometers (7,300 square miles). The conducted voluntarily on ENG Form Reduction Act of 1995, the Department mainstem Willamette River forms at the 3926 or an authorized automated of the Army announces a proposed confluence of the Coast Fork and equivalent were discontinued, then the public information collection and seeks Middle Fork Willamette rivers near the accuracy of the statistics collected on public comment on the provisions cities of Eugene and Springfield. The ENG Forms 3925, 3925B, and 3925P thereof. Comments are invited on: (a) river flows northward for a total of would be negatively impacted. Whether the proposed collection of about 317 kilometers (197 miles). Major information is necessary for the proper Gregory D. Showalter, cities on the Willamette River performance of the functions of the Army Federal Register Liaison Officer. downstream of Eugene-Springfield agency, including whether the [FR Doc. 96–24550 Filed 9–24–96; 8:45 am] include Corvallis, Albany, Salem, and information shall have practical utility; BILLING CODE 3710±08±M Portland. Major eastside tributaries (b) the accuracy of the agency’s estimate include the Middle Fork Willamette, of the burden of the proposed McKenzie, Santiam, and Clackamas information collection; (c) ways to Corps of Engineers; Department of the rivers. Major westside tributaries enhance the quality, utility, and clarity Army include the Coast Fork Willamette, Long of the information to be collected; and Tom, Marys, Luckiamute, Yamhill, and To Prepare a Draft Environmental (d) ways to minimize the burden of the Tualatin rivers. Impact Statement for the Willamette information collection on respondents, The purposes of the Corps’ Willamette River Basin Review Feasibility Study including through the use of automated projects include flood damage collection techniques or other forms of AGENCY: U.S. Army Corps of Engineers, reduction, power generation, navigation, information technology. Department of Defense. irrigation, recreation, domestic water DATES: Consideration will be given to all ACTION: Notice of intent to prepare a supply, fish and wildlife conservation, comments received by November 25, Draft Environmental Impact Statement and pollution abatement. Of the 13 1996. (DEIS). Corps reservoirs in the Willamette River ADDRESSES: Written comments and Basin, 11 are multiple-purpose, and 2 recommendations on the proposed SUMMARY: The alternatives to be are re-regulating reservoirs for information collection should be sent to evaluated in this feasibility study and hydropower. U.S. Army Corps of Engineers, EIS address the modification of Six of the Corps’ multipurpose Waterborne Commerce Statistics Center, operation and storage allocation of the projects in the Willamette Basin ATTN: CEWRC–NDC–C (Pierre S. Corps’ 13-reservoir Willamette Basin, generate hydropower and have Andrus), P.O. Box 61280, New Orleans, Oregon, system to better serve current exclusive reservoir storage for this Louisiana 70161–1280 and anticipated future water resource purpose. Releases from the power Consideration will be given to all needs. A proposed action will be projects are used to generate electrical comments received within 60 days of identified in the Final EIS. energy for local and regional the date of publication of this notice. FOR FURTHER INFORMATION CONTACT: consumption. Energy generated by the FOR FURTHER INFORMATION CONTACT: To Address questions about the alternatives Corps’ projects is marketed by request more information on this and EIS to: Lynne Hamilton, telephone Bonneville Power Administration to proposed information collection or to (503) 326–6169, Portland District, U.S. help meet local and regional energy obtain a copy of the proposal and Army Corps of Engineers, demand within the Federal Columbia associated collection instruments, Environmental Resources Branch, P.O. River Power System. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50287

Water uses, needs, and public in addition to the purposes of flood DEPARTMENT OF ENERGY expectations have changed dramatically protection, navigation, irrigation, and since the reservoir system was originally power include acquatic habitat and fish Federal Energy Regulatory authorized in 1938. A full range of life-cycle needs, water quality, reservoir Commission beneficial uses needs to be considered and downstream recreation, municipal [Docket No. GT96±93±000] for the reservoir system. Because the and industrial water supply, and Willamette Valley is heavily populated possibly other uses. The alternative of Equitrans L.P.; Notice of Refund and one of fastest growing regions in the no action, i.e., continuing to operate the Report State, the demands placed on Corps system as presently done, will also be reservoirs for municipal and industrial September 19, 1996. considered. This includes development water supplies as well as irrigation Take notice that on August 6, 1996, of a scenario reflecting the greatest net needs are expected to increase in the Equitrans, L.P. (Equitrans) tendered for future. National Economic Development filing with the Commission a refund The water quality strategy for the benefits (NED plan). The alternative report in compliance with the Willamette River is currently based on scenarios will be analyzed in the Commission’s February 22, 1995 Order release of stored water for low flow feasibility study to determine physical, Approving Refund Methodology for augmentation. Water quality permits economic, environmental, cultural, and 1994 Overcollections in Docket No. based on the existing minimum flows other possible benefits and effects from RP95–124–000. provide no allowance for new waste the base condition. Equitrans states that on June 28, 1996, loads in the future and presume that The EIS scoping process will it received $226,304 refund from the increased growth and development commence in October 1996 with the Gas Research Institute (GRI), would be achieved within existing issuance of a scoping letter. Federal, representing an overcollection of the permit limits. Also, recreation has State and local agencies, Indian tribes, 1995 GRI Tier 1 funding target level set become a major economic and social use and interested organizations and for Equitrans by GRI. On July 18, 1996, at many of the reservoirs and is individuals will be asked to comment in compliance with the Commission’s dependent upon maintaining high on the significant issues relating to the Order, Equitrans states that it sent the conservation pool levels. GRI refund, pro rata, to its eligible firm potential effects of the alternatives. In recent years, the regional shippers based on amounts paid Potentially significant issues to be awareness for rebuilding fish and through GRI surcharges during 1995. addressed in the EIS include: Effects on wildlife populations in the Willamette Equitrans states that copies of its Basin has steadily increased. The populations and habitat of anadromous refund report have been served on all Oregon Department of Fish and Wildlife and resident fish, especially threatened, affected parties and interested state (ODFW) has adopted a Wild Fish endangered, or sensitive species; Effects commissions. Management Policy to protect the on wetlands and flood plains; Effects on Any person desiring to be heard or genetic resources of Oregon’s wild fish power production, recreation, irrigation, protest said filing should file a motion and has adopted management strategies water quality. to intervene or protest with the Federal by subbasin based on increasing natural Other environmental review and Energy Regulatory Commission, 888 production. Natural production is consultation requirements to be First Street, N.E., Washington, D.C. accepted as the key to restoration and addressed in the EIS include: 20426, in accordance with Sections recovery of the declines in native fish 385.211 and 385.214 of the stocks as an effort to prevent more (1) Clean Water Act of 1977, as amended Commission’s Rules of Practice and listings of fish species under the (2) Fish and Wildlife Coordination Act Procedure. All such motions or protests Endangered Species Act (ESA). In the must be filed on or before September 26, Willamette Basin, steelhead and spring (3) Endangered Species Act of 1973, as amended 1996. Protests will be considered by the chinook salmon are native anadromous Commission in determining the fish listed by the ODFW as sensitive (4) Cultural Resources Acts appropriate action to be taken, but will species; recently, these species were (5) Executive Order 11988, Floodplain not serve to make protestants parties to petitioned for listing under the ESA. As Management the proceeding. Any person wishing to of July 1996, the National Marine become a party must file a motion to Fisheries Service proposed some (6) Executive Order 11990, Protection of intervene. Copies of this filing are on steelhead stocks for listing; stocks Wetlands file with the Commission and are originating above Willamette Falls were A series of scoping meetings/public available for public inspection in the not included. Other sensitive fish workshops are planned for February– Public Reference Room. species in the basin include the Oregon March 1997 at various locations in the chub and bull trout. Oregon chub was Lois D. Cashell, listed as Federally endangered in basin. Other public workshops will be Secretary. November 1993, and bull trout is a held periodically throughout the study. [FR Doc. 96–24499 Filed 9–24–96; 8:45 am] candidate species for listing under the Times and locations of these public BILLING CODE 6717±01±M ESA. Because of their regional and workshops will be announced via the media. The DEIS is scheduled to be national significance, these fish species [Docket No. RP96±291±002] are given high priority with respect to published and distributed for public current and future management review and comment in October 1999. Mid Louisiana Gas Company; Notice of activities in the Willamette Basin. Dated: September 13, 1996. Amendment to Compliance Filing Five alternative scenarios reflecting Howard B. Jones, changed system conditions from the September 19, 1996. base (without project or No Action) Chief, Planning and Engineering Division. Take notice that on September 16, condition will be developed by varying [FR Doc. 96–24551 Filed 9–24–96; 8:45 am] 1996, Mid Louisiana Gas Company the emphasis of the beneficial uses of BILLING CODE 3710±AR±M (MIDLA) tendered for filing certain the system. Beneficial uses to emphasize schedules to amend its compliance 50288 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices filing dated September 9, 1996 in FERC National Fuel states that this filing is order of August 30, 1996, which Docket No. RP96–291–001. MIDLA made in compliance with the required NGT to correct the pagination asserts that the purpose of this filing is Commission’s order of August 30, 1996 of its tariff sheet filed in Docket No. to further comply with the (the Order), which accepted, subject to RP96–329. Additionally, NGT states it Commission’s order issued August 23, conditions, the tariff sheets containing includes in the filing an explanation of 1996 in Docket No. RP96–291–000. new GT&C Section 17.2, which how the adjustment to NGT’s billing MIDLA states that the instant filing is addresses the provision of determinants in subject filing conform tendered in order to furnish further transportation and storage services at to the Commission’s policy regarding detail of breakdown of costs on negotiated rates. National Fuel states whether discounts could be used in Schedules H–1(1)(a) and H–1(1)(b). that the Order required it to file tariff determining billing adjustments Any person desiring to protest this language clarifying whether Section established in Natural Gas Pipeline filing should file a protest with the 17.2 is intended to encompass a formula Company of America, 69 FERC ¶ 61,209 Federal Energy Regulatory Commission, rate. National Fuel states that the instant (1994). 888 First Street, N.E., Washington, D.C. filing satisfies that condition, and NGT stated that copies of its filings 20426, in accordance with 18 CFR addresses other changes that, according have been mailed to all of its affected 385.211 of the Commission’s Rules and to the Order, must be made to its tariff customers and the State Commissions of Regulations. All such protests must be before it may charge negotiated rates. Arkansas, Louisiana, Oklahoma and filed as provided in Section 154.210 of These include references to negotiated Texas. the Commission’s Regulations. Protests rates in each rate schedule and the tariff Any person desiring to protest this will be considered by the Commission sections concerning scheduling and filing should file a protest with the in determining the appropriate action to curtailment, and the elimination of Federal Energy Regulatory Commission, be taken, but will not serve to make language in Section 17.2 which 888 First Street, NE., Washington, DC protestants parties to the proceeding. provided for the calculation of a 20426, in accordance with 18 CFR Copies of this filing are on file with the negotiated rate on a one hundred 385.211 of the Commission’s Rules and Commission and are available for public percent load factor basis for purposes of Regulations. All such protests must be inspection in the Public Reference capacity allocation. filed as provided in Section 154.210 of Room. National Fuel states that it is serving the Commission’s Regulations. Protests Lois D. Cashell, copies of the filing to its firm customers will be considered by the Commission Secretary. and interested state commissions. in determining the appropriate action to [FR Doc. 96–24500 Filed 9–24–96; 8:45 am] Copies are also being served on all be taken, but will not serve to make interruptible customers as of the date of protestants parties to the proceeding. BILLING CODE 6717±01±M the filing. Copies of this filing are on file with the Any person desiring to protest this Commission and are available for public filing should file a protest with the inspection in the Public Reference [Docket No. RP96±331±002] Federal Energy Regulatory Commission, Room. 888 First Street, N.E., Washington, D.C. National Fuel Gas Supply Corporation; Lois D. Cashell, 20426, in accordance with 18 CFR Notice of Proposed Changes in FERC Secretary. 385.211 of the Commission’s Rules and Gas Tariff [FR Doc. 96–24501 Filed 9–24–96; 8:45 am] Regulations. All such protests must be BILLING CODE 6717±01±M September 19, 1996. filed as provided in Section 154.210 of Take notice that on September 16, the Commission’s Regulations. Protests 1996, National Fuel Gas Supply will be considered by the Commission [Docket No. CP96±576±001] Corporation (National Fuel) tendered for in determining the appropriate action to be taken, but will not serve to make Northwest Pipeline Corporation; Notice filing as part of its FERC Gas Tariff, of Petition To Amend Third Revised Volume No. 1, the protestants parties to the proceeding. following tariff sheets, to be effective Copies of this filing are on file with the September 19, 1996. September 1, 1996: Commission and are available for public Take notice that on September 16, inspection in the Public Reference Third Revised Sheet No. 16 1996, Northwest Pipeline Corporation Third Revised Sheet No. 29 Room. (Northwest), P.O. Box 58900, Salt Lake Second Revised Sheet No. 30 Lois D. Cashell, City, Utah 84108–0900, filed in Docket First Revised Sheet No. 65N Secretary. No. CP96–576–001 a petition to amend Third Revised Sheet No. 74 [FR Doc. 96–24502 Filed 9–24–96; 8:45 am] its application filed in Docket No. First Revised Sheet No. 83 BILLING CODE 6717±01±M CP96–576–000 to delete that portion of Second Revised Sheet No. 94 the application proposing to construct Original Sheet No. 94A approximately 2.775 miles of 10-inch Second Revised Sheet No. 105 [Docket No. RP96±329±001] First Revised Sheet No. 125 pipeline and metering facilities in Clark Third Revised Sheet No. 131D NorAm Gas Transmission Company; County, Washington, all as more fully Third Revised Sheet No. 131M Notice of Proposed Changes in FERC set forth in the petition which is on file Second Revised Sheet No. 131N Tariff with the Commission and open to First Revised Sheet No. 131R.04 public inspection. Second Revised Sheet No. 131V September 19, 1996. Northwest indicates that, in the Second Revised Sheet No. 131W Take notice that on September 16, original filing submitted under the prior First Revised Sheet No. 131CC.05 1996, NorAm Gas Transmission (NGT) notice procedure in Docket No. CP96– First Revised Sheet No. 182 First Revised Sheet No. 183 tendered for filing to be part of its FERC 576–000, it proposed to construct and First Revised Sheet No. 183A Gas Tariff, Fourth Revised Volume No. operate approximately 2.775 miles of Second Revised Sheet No. 206 1, Sixth Revised Sheet No. 13. 10-inch pipeline and a new metering Third Revised Sheet No. 207 NGT states that the purpose of this station in Clark County, Washington to Substitute Fourth Revised Sheet No. 211 filing is to comply with the Commission implement a firm transportation service Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50289 for Washington Water Power Company 157.18 of the Commission’s Regulations, Act and the Commission’s Rules of (Water Power) for redelivery to a new for authorization to abandon (in-place) Practice and Procedure, a hearing will electrical plant built by the Public approximately 4,525 feet of its 10-inch be held without further notice before the Utility District No. 1 of Clark County. It diameter South Seattle Lateral and Commission or its designee on this is also stated that Northwest Natural Gas adjacent 10-inch diameter lateral loop application, if no motion to intervene is Company protested the filing citing line, in King County, Washington, all as filed within the time required herein, or Northwest’s failure to address impacts more fully set forth in the application, if the Commission on its own review of on firm service reliability and an which is on file with the Commission the matter finds that permission and interruption of the facilities and open to public inspection. approval for the proposed abandonment reimbursement provision of Northwest’s In 1993, Northwest retired (in-place) are required by the public convenience tariff. Northwest states that the protest and replaced a total of approximately and necessity. If a motion for leave to was not withdrawn during the 30-day 4,700 feet of the South Seattle Lateral intervene is timely filed, or if the reconciliation period provided under and adjacent loop line. Northwest Commission on its own motion believes 157.205(g) of the Commission’s subsequently filed an application, in that a formal hearing is required, further Regulations. It is indicated that, because Docket No. CP96–501–000, for notice of such hearing will be duly of adverse cost impacts to be caused by authorization to abandon, remove and given. a construction delay, Northwest, at the replace the 175-foot segments of its Under the procedure herein provided request of Water Power and Inland South Seattle Lateral and adjacent loop for, unless otherwise advised, it will be Pacific Energy Services, elected to line that crossed Madsen Creek. In an unnecessary for Northwest to appear or construct the facilities under the order issued August 7, 1996 (76 FERC be represented at the hearing. auspices of Section 311 of the Natural ¶ 62,095), the Commission approved the Lois D. Cashell, abandonment of the two 175-foot Gas Policy Act of 1978. Secretary. pipeline segments and directed Northwest has amended its [FR Doc. 96–24497 Filed 9–24–96; 8:45 am] application to delete its request to Northwest to file an application to BILLING CODE 6717±01±M construct the above-mentioned abandon the remaining 4,525 feet of its facilities. No other changes are proposed South Seattle Lateral and adjacent loop in Northwest’s original application. line. [Docket No. RP96±312±002] Any person desiring to be heard or to Northwest now proposes to abandon make any protest with reference to said (in-place) the remaining 4,525 feet of Tennessee Gas Pipeline Company; petition to amend should on or before retired and replaced South Seattle Notice of Proposed Changes in FERC October 10, 1996, file with the Federal Lateral and adjacent loop line. Gas Tariff Energy Regulatory Commission, Northwest states that, since no pipeline facilities will be removed, there will be September 19, 1996. Washington, D.C. 20426, a motion to Take notice that on September 16, intervene or a protest in accordance no costs associated with the proposed abandonment. Northwest further states 1996, Tennessee Gas Pipeline Company with the requirements of the (Tennessee) tendered for filing as part of Commission’s Rules of Practice and that, since the affected pipeline segments have already been replaced, its FERC Gas Tariff, Fifth Revised Procedure (18 CFR 385.214 or 385.211) Volume No. 1, the following revised and the Regulations under the Natural no services will be abandoned as a result of this proposal. The subject tariff sheets, to be effective September 1, Gas Act (18 CFR 157.10). All protests 1996: filed with the Commission will be pipeline segments are located in considered by it in determining the Sections 26 and 27, Township 23 North, Substitute Third Revised Sheet No. 98 appropriate action to be taken but will Range 5 East, in King County, Substitute First Revised Sheet No. 109 Substitute Fourth Revised Sheet No. 128 not serve to make the protestants parties Washington. Any person desiring to be heard or to Substitute Original Sheet No. 128A to the proceeding. Any person wishing make any protests with reference to said Substitute Third Revised Sheet No. 154 to become a party to a proceeding or to application should on or before October Substitute Original Sheet No. 154A participate as a party in any hearing 10, 1996, file with the Federal Energy Substitute Second Revised Sheet No. 155E therein must file a motion to intervene Regulatory Commission, Washington, Substitute Third Revised Sheet No. 162 in accordance with the Commission’s Substitute Fourth Revised Sheet No. 167 D.C. 20426, a motion to intervene or a Substitute Third Revised Sheet No. 168 Rules. protest in accordance with the Lois D. Cashell, Substitute Third Revised Sheet No. 173 requirements of the Commission’s Rules Substitute Original Sheet No. 173A Secretary. of Practice and Procedure (18 CFR Substitute First Revised Sheet No. 219 [FR Doc. 96–24496 Filed 9–24–96; 8:45 am] 385.214 or 385.211) and the Regulations Substitute Second Revised Sheet No. 226 BILLING CODE 6717±01±M under the Natural Gas Act (18 CFR Substitute Original Sheet No. 226A 157.10). All protests filed with the First Revised Sheet No. 405A Commission will be considered by it in First Revised Sheet No. 405B [Docket No. CP96±775±000] determining the appropriate action to be First Revised Sheet No. 405C Northwest Pipeline Corporation; Notice taken but will not serve to make the Tennessee states that the revised tariff of Application for Authorization To protestants parties to the proceeding. sheets are being submitted to comply Abandon Facilities In-Place Any person wishing to become a party with the Commission’s August 30, 1996 to a proceeding or to participate as a order in this proceeding. September 19, 1996. party in any hearing therein must file a Any person desiring to protest this Take notice that, on September 9, motion to intervene in accordance with filing should file a protest with the 1996, Northwest Pipeline Corporation the Commission’s Rules. Federal Energy Regulatory Commission, (Northwest), 295 Chipeta Way, Salt Lake Take further notice that, pursuant to 888 First Street, N.E., Washington, D.C. City, Utah 84108, filed an abbreviated the authority contained in and subject to 20426, in accordance with 18 CFR application in Docket No. CP96–775– the jurisdiction conferred upon the 385.211 of the Commission’s Rules and 000, pursuant to section 7(b) of the Federal Energy Regulatory Commission Regulations. All such protests must be Natural Gas Act and §§ 157.7(a) and by Sections 7 and 15 of the Natural Gas filed as provided in Section 154.210 of 50290 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices the Commission’s Regulations. Protests Any person or the Commission’s staff required by the Commission’s February will be considered by the Commission may, within 45 days after issuance of 2, 1995 order in Docket No. ER94–1685– in determining the appropriate action to the instant notice by the Commission, 000. be taken, but will not serve to make file pursuant to Rule 214 of the On August 28, 1996, Wickford Energy protestants parties to the proceeding. Commission’s Procedural Rules (18 CFR Marketing filed certain information as Copies of this filing are on file with the 385.214) a motion to intervene or notice required by the Commission’s October Commission and are available for public of intervention and pursuant to 25, 1995 order in Docket No. ER94– inspection in the Public Reference § 157.205 of the Regulations under the 1415–000. room. Natural Gas Act (18 CFR 157.205) a On September 3, 1996, Energy Lois D. Cashell, protest to the request. If no protest is Resource Management Corp. filed Secretary. filed within the time allowed therefor, certain information as required by the [FR Doc. 96–24561 Filed 9–24–96; 8:45 am] the proposed activity shall be deemed to Commission’s December 20, 1995 order be authorized effective the day after the in Docket No. ER96–358–000. BILLING CODE 6717±01±M time allowed for filing a protest. If a On August 19, 1996, International protest is filed and not withdrawn Utility Consultants Inc. filed certain within 30 days after the time allowed information as required by the [Docket No. CP96±783±000] for filing a protest, the instant request Commission’s February 9, 1996 order in shall be treated as an application for Docket No. ER96–594–000. Williston Basin Interstate Pipeline authorization pursuant to Section 7 of On August 28, 1996, NFR Power Inc. Company; Notice of Request Under the Natural Gas Act. filed certain information as required by Blanket Authorization Lois D. Cashell, the Commission’s April 2, 1996 order in September 19, 1996. Secretary. Docket No. ER96–1121–000. Take notice that on September 12, [FR Doc. 96–24498 Filed 9–24–96; 8:45 am] 3. Florida Power Corporation 1996, Williston Basin Interstate Pipeline BILLING CODE 6717±01±M Company (Williston Basin), 200 North [Docket No. ER95–941–001] Take notice that on September 3, Third Street, Suite 300, Bismarck, North [Docket No. ER95±634±003, et al.] Dakota 58501, filed in Docket No. CP96– 1996, Florida Power Corporation 783–000, a request pursuant to Florida Power Corporation, et al.; tendered for filing its refund report in §§ 157.205 and 157.211 of the Electric Rate and Corporate Regulation the above-referenced docket. Commission’s Regulations under the Filings Comment date: October 2, 1996, in Natural Gas Act (18 CFR 157.205 and accordance with Standard Paragraph E 157.211) for authorization to construct September 18, 1996. at the end of this notice. Take notice that the following filings and operate metering and appurtenant 4. Western Resources, Inc. facilities in Slope County, North Dakota, have been made with the Commission: [Docket No. ER96–2407–000] to be used as a back-up fuel source to 1. Florida Power Corporation Bear Paw Energy, Inc. (Bear Paw). Take notice that on September 11, Williston Basin makes such request, [Docket No. ER95–634–003] 1996, Western Resources, Inc. (Western pursuant to Section 7 of the Natural Gas Take notice that on September 3, Resources) on behalf of Kansas Gas and Act, all as more fully set forth in the 1996, Florida Power Corporation Electric Company (KGE) tendered for request on file with the Commission and tendered for filing its refund report in filing an amendment to Western open to public inspection. compliance with the Commission’s July Resources, July 15, 1996, filing in this Specifically, Williston Basin proposes 19, 1996, order in this proceeding. docket consisting of a revised short-term to construct and operate a meter, valves, Comment date: October 2, 1996, in participation power service agreement and piping, within a receipt point accordance with Standard Paragraph E between KGE and the City of Girard, metering station that was authorized at the end of this notice. Kansas. The agreement is proposed to be under Section 2.55(d) of the 2. Vitol Gas & Electric, L.L.C., Citizens effective July 1, 1996 through October Commission’s Regulations, to allow Lehman Power Sales, Wickford Energy 31, 1996. Williston Basin to make deliveries of up Marketing, Energy Resource Western Resources states that the to 2,000 equivalent Dt of natural gas per Management Corp., International revision is to clarify the transmission day to Bear Paw, for Bear Paw’s use as Utility Consultants Inc., NFR Power service pricing that is associated with a back-up or emergency source of fuel Inc. the participation power service. for its field compression facilities. Copies of the filing were served upon [Docket Nos. ER94–155–014, ER94–1685– Williston Basin indicates that it will 008, ER95–1415–001, ER96–358–001, ER96– the City of Girard, Kansas and Kansas transport the volumes to Bear Paw, 594–002, ER96–1122–001, (not Corporation Commission. under the applicable provisions of its consolidated)] Comment date: October 2, 1996, in FERC Gas Tariff, Second Revised Take notice that the following accordance with Standard Paragraph E Volume No. 1. informational filings have been made at the end of this notice. It is stated that the addition of the with the Commission and are on file 5. Northeast Utilities Service Company proposed facilities will have no and available for public inspection and significant effect on Williston Basin’s copying in the Commission’s Public [Docket No. ER96–2413–000] peak day or annual requirements, and Reference Room: Take notice that on September 11, that the volumes to be delivered are On August 19, 1996, Vitol Gas & 1996, Northeast Utilities Service within the certificated entitlements of Electric, L.L.C. filed certain information Company (NUSCO), on behalf of the the customer. The project is estimated to as required by the Commission’s Northeast Utilities Companies (The cost approximately $23,000 and January 14, 1994 order in Docket No. Connecticut Light and Power Company, Williston Basin states that Bear Paw will ER94–155–000. Western Massachusetts Electric reimburse Williston Basin for said On August 22, 1996, Citizens Lehman Company, Holyoke Water Power project cost. Power Sales filed certain information as Company, and Holyoke Power and Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50291

Electric Company) filed supplemental unexecuted Service Agreement, dated Western, Coral, Calpine and the information requested by FERC staff in September 6, 1996, with WestPlains Oklahoma Corporation Commission. their review of the filing under this Energy-Colorado (WPE-Colorado) Comment date: October 2, 1996, in docket. establishing WPE-Colorado as a accordance with Standard Paragraph E The information provided includes customer under the terms of SWEPCO’s at the end of this notice. the Connecticut Corporate Business tax Coordination Sales Tariff CST–1 (CST– 11. Public Service Electric and Gas rate, the projected 12 cp load of 1 Tariff); and eight unexecuted Service Company CMEEC’s customer and information on Agreements, each dated August 1, 1996, sales to CMEEC under FERC Rate establishing Destec Energy, Inc. [Docket No. ER96–2978–000] Schedule CL&P 547. (Destec), Vitol Gas & Electric L.L.C. Take notice that on September 12, NUSCO renews its request that the (Vitol), Missouri Public Service 1996, Public Service Electric and Gas rate schedule become effective on July (Missouri), WestPlains Energy-Kansas Company (PSE&G), tendered for filing 16, 1996, and seeks waiver of the (WPE-Kansas), Acquila Energy agreements to provide non-firm Commission’s notice requirements and Marketing (Acquila), Western Power transmission service to CNG Power any applicable Commission Regulations. Services, Inc. (Western), Coral Energy Services Corporation, and Morgan NUSCO states that copies of the rate Resources, L.P. (Coral) and Calpine Stanley Capital Group Inc., pursuant to schedule have been mailed or delivered Power Services Company (Calpine) as PSE&G’s Open Access Transmission to the parties to the Agreement and the customers under the CST–1 Tariff. Tariff presently on file with the affected state utility commissions. SWEPCO requests an effective date of Commission in Docket No. OA96–80– Comment date: October 2, 1996, in September 6, 1996 for the agreement 000. accordance with Standard Paragraph E with WPE-Colorado and of August 13, PSE&G further requests waiver of the at the end of this notice. 1996 for the agreements with the other Commission’s regulations such that the eight customers. Accordingly, SWEPCO 6. Interstate Power Company agreements can be made effective as of seeks waiver of the Commission’s notice September 12, 1996. [Docket No. ER96–2529–000] requirements. Copies of this filing were Comment date: October 2, 1996, in Take notice that on August 28, 1996, served upon WPE-Colorado, Destec, accordance with Standard Paragraph E Interstate Power Company (IPW) Vitol, Missouri, WPE-Kansas, Acquila, at the end of this notice. tendered for filing an amendment to add Western, Coral, Calpine, the Arkansas 12. New England Power Company the effective date to the filing for the Public Service Commission, the Transmission Service Agreement Louisiana Public Service Commission [Docket No. ER96–2979–000] and the Public Utility Commission of between IPW and Dairyland Power Take notice that on September 12, Texas. Cooperative (Dairyland). Under the 1996, New England Power Company Comment date: October 2, 1996, in Transmission Service Agreement, IPW accordance with Standard Paragraph E filed Service Agreements and will provide non-firm point-to-point at the end of this notice. Certificates of Concurrence with transmission service to Dairyland. Southern Energy Marketing, Inc. under Comment date: October 2, 1996, in 10. Public Service Company of NEP’s FERC Electric Tariffs, Original accordance with Standard Paragraph E Oklahoma Volume Nos. 5 and 6. at the end of this notice. [Docket No. ER96–2977–000] Comment date: October 2, 1996, in 7. Great Bay Power Corporation Take notice that on September 12, accordance with Standard Paragraph E at the end of this notice. [Docket No. ER96–2595–000] 1996, Public Service Company of Oklahoma (PSO) submitted an 13. New England Power Company Take notice that on September 13, unexecuted Service Agreement, dated [Docket No. ER96–2980–000] 1996, Great Bay Power Corporation September 6, 1996, with WestPlains tendered for filing an amended Energy-Colorado (WPE-Colorado) Take notice that on September 12, summary of activity for the quarter establishing WPE-Colorado as a 1996, New England Power Company ending June 30, 1995. customer under the terms of PSO’s filed Service Agreements and Comment date: October 2, 1996, in Coordination Sales Tariff CST–1 (CST– Certificates of Concurrence with AIG accordance with Standard Paragraph E 1 Tariff); and eight unexecuted Service Trading Corporation under NEP’s FERC at the end of this notice. Agreements, each dated August 1, 1996, Electric Tariffs, Original Volume Nos. 5 8. Pennsylvania Electric Company establishing Destec Energy, Inc. and 6. (Destec), Vitol Gas & Electric L.L.C. Comment date: October 2, 1996, in [Docket No. ER96–2826–000] (Vitol), Missouri Public Service accordance with Standard Paragraph E Take notice that on August 26, 1996, (Missouri), WestPlains Energy-Kansas at the end of this notice. Pennsylvania Electric Company (WPE-Kansas), Acquila Energy 14. Duke Power Company tendered for filing Supplement Nos. 1 Marketing (Acquila), Western Power and 19 for its service to Tri-County Services, Inc. (Western), Coral Energy [Docket No. ER96–2981–000] Rural Electric Cooperative, Inc. and Resources, L.P. (Coral), and Calpine Take notice that on September 12, Valley Rural Electric Cooperative, Inc. Power Services Company (Calpine) as 1996, Duke Power Company (Duke), Comment date: October 2, 1996, in customers under the CST–1 Tariff. tendered for filing a Transmission accordance with Standard Paragraph E PSO requests an effective date of Service Agreement (TSA) between at the end of this notice. September 6, 1996 for the agreement Duke, on its own behalf and acting as 9. Southwestern Electric Power with WPE-Colorado and of August 13, agent for its wholly-owned subsidiary, Company 1996 for the agreements with the other Nantahala Power and Light Company, eight customers. Accordingly, PSO and Calpine Power Services Company [Docket No. ER96–2976–000] seeks waiver of the Commission’s notice (Calpine). Duke states that the TSA sets Take notice that on September 12, requirements. Copies of this filing were out the transmission arrangements 1996, Southwestern Electric Power served upon WPE-Colorado, Destec, under which Duke will provide Calpine Company (SWEPCO) submitted an Vitol, Missouri, WPE-Kansas, Acquila, non-firm point-to-point transmission 50292 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices service under its Pro Forma Open Federal Energy Regulatory Commission, Agreement, IPW will provide non-firm Access Transmission Tariff. pursuant to 18 CFR 385.205, and 18 CFR point-to-point transmission service to Comment date: October 2, 1996, in 35.12 of the Commission’s Regulations Luverne. accordance with Standard Paragraph E an Application for Blanket Approval of Comment date: October 2, 1996, in at the end of this notice. Rate Schedule For Future Power Sales at accordance with Standard Paragraph E Market-Based Rates and Waivers and at the end of this notice. 15. Duke Power Company Preapprovals of Certain Commission 22. Illinois Power Company [Docket No. ER96–2982–000] Regulations for KEYSPAN’s Initial Rate Take notice that on September 12, Schedule FERC No. 1. [Docket No. ER96–2990–000] 1996, Duke Power Company (Duke), KEYSPAN intends to engage in Take notice that on September 13, tendered for filing a Transmission electric power and energy transactions 1996, Illinois Power Company (Illinois Service Agreement (TSA) between as a power marketer. In these Power), 500 South 27th Street, Decatur, Duke, on its own behalf and acting as transactions, KEYSPAN proposes to Illinois 62526, tendered for filing a agent for its wholly-owned subsidiary, charge market-based rates, mutually Power Sales Tariff, Service Agreement Nantahala Power and Light Company, agreed upon by the parties. All sales and under which Wisconsin Electric Power and Florida Power & Light Company purchases will be at arms-length. Company will take service under (FP&L). Duke states that the TSA sets Comment date: October 2, 1996, in Illinois Power Company’s Power Sales out the transmission arrangements accordance with Standard Paragraph E Tariff. The agreements are based on the under which Duke will provide FP&L at the end of this notice. Form of Service Agreement in Illinois non-firm point-to-point transmission 19. Wisconsin Public Service Power’s tariff. service under its Pro Forma Open Corporation Illinois Power has requested an Access Transmission Tariff. effective date of August 29, 1996. Comment date: October 2, 1996, in [Docket No. ER96–2986–000] Comment date: October 2, 1996, in accordance with Standard Paragraph E Take notice that on September 12, accordance with Standard Paragraph E at the end of this notice. 1996, Wisconsin Public Service at the end of this notice. Corporation, tendered for filing an 16. Duke Power Company 23. Energy 2, Inc. executed service agreement with [Docket No. ER96–2983–000] Commonwealth Edison Company under [Docket No. ER96–2361–000] Take notice that on September 12, its CS–1 Coordination Sales Tariff. Take notice that on September 11, 1996, Duke Power Company (Duke), Comment date: October 2, 1996, in 1996, Energy 2, Inc. tendered for filing tendered for filing a Transmission accordance with Standard Paragraph E a letter withdrawing its application filed Service Agreement (TSA) between at the end of this notice. on July 10, 1996 in this docket. Duke, on its own behalf and acting as 20. New England Power Pool Comment date: October 2, 1996, in agent for its wholly-owned subsidiary, accordance with Standard Paragraph E Nantahala Power and Light Company, [Docket No. ER96–2987–000] at the end of this notice. and Florida Power & Light Company Take notice that on September 12, 24. MidAmerican Energy Company (FP&L). Duke states that the TSA sets 1996, the New England Power Pool out the transmission arrangements Executive Committee filed a signature [Docket No. ER96–2998–000] under which Duke will provide FP&L page to the NEPOOL Agreement dated Take notice that on September 16, from point-to-point transmission service September 1, 1971, as amended, signed 1996, MidAmerican Energy Company under its Pro Forma Open Access by USGen Power Services, L.P. (USGen). (MidAmerican), 106 East Second Street, Transmission Tariff. The New England Power Pool Davenport, Iowa 52801, filed with the Comment date: October 2, 1996, in Agreement, as amended, has been Commission Firm Transmission Service accordance with Standard Paragraph E designated NEPOOL FPC No. 2. Agreements with Minnesota Power & at the end of this notice. The Executive Committee states that Light Company (Minnesota Power & acceptance of the signature page would 17. Sierra Pacific Power Company Light) dated August 29, 1996, and permit USGen to join the over 100 Morgan Stanley Capital Group, Inc. [Docket No. ER96–2984–000] Participants already in the Pool. (Morgan Stanley) dated September 9, Take notice that on September 12, NEPOOL further states that the filed 1996, and Non-Firm Transmission 1996, Sierra Pacific Power Company signature page does not change the Service Agreements with Minnesota (Sierra), tendered for filing, pursuant to NEPOOL Agreement in any manner, Power & Light dated August 29, 1996, Section 205 of the Federal Power Act other than to make USGen a Participant TransCanada Power Corp. and 18 CFR Part 35, an Electric Service in the Pool. NEPOOL requests an (TransCanada) dated September 5, 1996, Agreement between Sierra and Plumas effective date of November 1, 1996 for and Morgan Stanley dated September 9, Sierra Rural Electric Cooperative commencement of participation in the 1996, entered into pursuant to (Plumas). Pool by USGen. MidAmerican’s Open Access Sierra asserts that the filing has been Comment date: October 2, 1996, in Transmission Tariff. served on Plumas and on the regulatory accordance with Standard Paragraph E MidAmerican requests an effective commissions of Nevada and California. at the end of this notice. date of August 29, 1996, for the Comment date: October 2, 1996, in 21. Interstate Power Company Agreements with Minnesota Power & accordance with Standard Paragraph E Light, September 5, 1996 for the at the end of this notice. [Docket No. ER96–2989–000] Agreement with TransCanada, and 18. KEYSPAN Energy Services, Inc. Take notice that on September 13, September 9, 1996 for the Agreements 1996, Interstate Power Company (IPW), with Morgan Stanley, and accordingly [Docket No. ER96–2985–000] tendered for filing a Transmission seeks waiver of the Commission’s notice Take notice that on September 12, Service Agreement between IPW and requirement. MidAmerican has served a 1996, KEYSPAN Energy Services, Inc. Luverne Municipal Utilities (Luverne). copy of the filing on Minnesota Power (KEYSPAN), tendered for filing with the Under the Transmission Service & Light, TransCanada, Morgan Stanley, Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50293 the Iowa Utilities Board, the Illinois Electric Tariff, Original Volume No. 7, Commission that it has granted to Commerce Commission and the South under Docket No. OA96–196. members of the public a nonexclusive Dakota Public Utilities Commission. Wisconsin Electric requests an license for the duration of copyright to Comment date: October 2, 1996, in effective date of sixty days from the reproduce certain materials (filed with accordance with Standard Paragraph E filing date. Copies of the filing have the letter) for their use, and subsequent at the end of this notice. been served on Western, the Public reproduction, in facilitating and Service Commission of Wisconsin and monitoring regulatory compliance and 25. Arizona Public Service Company the Michigan Public Service related purposes. [Docket No. ER96–2999–000] Commission. The Materials consist of excerpts from Take notice that on September 16, Comment date: October 2, 1996, in the GISB Manuals (all denominated 1996, Arizona Public Service Company accordance with Standard Paragraph E Version 1.0, June 14, 1996) entitled (APS), tendered for filing a Service at the end of this notice. ‘‘Nominations Related Standards,’’ Flowing Gas Related Standards,’’ Agreement under APS FERC Electric 29. Wisconsin Public Service ‘‘Invoicing Related Standards,’’ and Tariff Original Volume No. 1 (APS Corporation Tariff) with the following entity: Edison ‘‘Capacity Release Standards’’ Source Energy, Inc. [Docket No. ER96–3003–000] (collectively, the ‘‘Manuals’’) containing A copy of this filing has been served Take notice that on September 16, the text of the principles, definitions on the above listed party and the 1996, Wisconsin Public Service and standards incorporated by reference Arizona Corporation Commission. Corporation (WPSC), tendered for filing in section 284.10(b)(1) of the Comment date: October 2, 1996, in an executed Transmission Service Commission’s Rules, and the related accordance with Standard Paragraph E Agreement between WPSC and Illinova ‘‘data dictionaries.’’ This license is at the end of this notice. Power Marketing, Inc. The Agreement limited to the Materials themselves and provides for transmission service under does not extend to other portions of the 26. Wisconsin Power and Light the Open Access Transmission Service Manuals. Company Tariff, FERC Original Volume No. 11. Lois D. Cashell, [Docket No. ER96–3000–000] WPSC asks that the agreement become Secretary. Take notice that on September 16, effective on the date of execution by [FR Doc. 96–24495 Filed 9–24–96; 8:45 am] 1996, Wisconsin Power and Light WPSC. BILLING CODE 6717±01±M Company (WP&L), tendered for filing an Comment date: October 2, 1996, in Agreement dated September 12, 1996, accordance with Standard Paragraph E establishing Western Power Services, at the end of this notice. ENVIRONMENTAL PROTECTION Inc. as a point-to-point transmission Standard Paragraph AGENCY customer under the terms of WP&L’s Transmission Tariff. E. Any person desiring to be heard or [FRL±5615±2] WP&L requests an effective date of to protest said filing should file a motion to intervene or protest with the Enforcement and Compliance September 12, 1996, and accordingly Roundtable Meeting seeks waiver of the Commission’s notice Federal Energy Regulatory Commission, requirements. A copy of this filing has 888 First Street, N.E., Washington, D.C. October 17–19, 1996 been served upon the Public Service 20426, in accordance with Rules 211 San Antonio, Texas Commission of Wisconsin. and 214 of the Commission’s Rules of Comment date: October 2, 1996, in Practice and Procedure (18 CFR 385.211 Sponsored by National Environmental and 18 CFR 385.214). All such motions Justice Advisory Council and U.S. accordance with Standard Paragraph E Environmental Protection Agency. at the end of this notice. or protests should be filed on or before the comment date. Protests will be Purpose 27. Wisconsin Public Service considered by the Commission in Corporation The National Environmental Justice determining the appropriate action to be Advisory Council (NEJAC) and the U.S. [Docket No. ER96–3001–000] taken, but will not serve to make Environmental Protection Agency are Take notice that on September 16, protestants parties to the proceeding. sponsoring an Enforcement and 1996, Wisconsin Public Service Any person wishing to become a party Compliance Roundtable to provide an Corporation, tendered for filing an must file a motion to intervene. Copies opportunity for environmental justice executed agreement with Illinova Power of this filing are on file with the stakeholders (e.g. community grassroots Marketing, Inc. under its CS–1 Commission and are available for public groups, individuals, business and Coordination Sales Tariff. inspection. industry, federal, tribal, state and local Comment date: October 2, 1996, in Lois D. Cashell, governments, etc.) to exchange ideas on accordance with Standard Paragraph E Secretary. how communities can assume a more at the end of this notice. [FR Doc. 96–24562 Filed 9–24–96; 8:45 am] interactive role in environmental 28. Wisconsin Electric Power Company BILLING CODE 6717±01±P enforcement and compliance activities. There will be a site tour in the afternoon [Docket No. ER96–3002–000] [Docket No. RM96±1±000] and an enforcement and compliance Take notice that on September 16, training session in the evening for any 1996, Wisconsin Electric Power Standards for Business Practices of interested party on Thursday, October, Company (Wisconsin Electric), tendered Interstate Natural Gas Pipelines; 17. for filing a Transmission Service Notice of Filing The NEJAC is a federal advisory Agreement between itself and Western committee to the EPA. The NEJAC has Power Services, Inc. (Western). The September 19, 1996. identified enforcement and compliance Transmission Service Agreement allows Take notice that the Gas Industry as issues of high concern in Western to receive transmission service Standards Board, by letter filed on environment justice communities across under Wisconsin Electric’s FERC September 12, 1996, notified the the country. 50294 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

Roundtable Topics [OPP±340102; FRL 5394±2] I. Introduction Supplemental Environmental Notice of Receipt of Requests for Section 6(f)(1) of FIFRA provides that Projects/Consent Decrees, Amendments to Delete uses in Certain a registrant of a pesticide product may Environmental Restoration and Cleanup Pesticide Registrations at any time request that any of its Projects, Performance Partnership pesticide registrations be amended to Agreements/Memorandum of AGENCY: Environmental Protection delete one or more uses. The Act further Agreements, NEPA Guidance Process/ Agency (EPA). provides that, before acting on the EIS-Cultural & Social Analysis, Title VI ACTION: request, EPA must publish a notice of and Enforcement, Targeting/Inspections, Notice. receipt of any such request in the Community Monitoring, Community SUMMARY: In accordance with section Federal Register. Thereafter, the Notification/Complaint Resolution. 6(f)(1) of the Federal Insecticide, Administrator may approve such a Who Should Attend Fungicide and Rodenticide Act (FIFRA), request. Grassroots/community-based as amended, EPA is issuing a notice of II. Intent to Delete Uses organizations, individuals, federal, receipt of request for amendment by tribal, state and local environmental registrants to delete uses in certain pesticide registrations. This notice announces receipt by the agencies, business and industry, Agency of applications from registrants universities/schools, media/press, DATES: Unless a request is withdrawn, to delete uses in the 15 pesticide environmental organizations, etc. the Agency will approve these use registrations listed in the following deletions and the deletions will become Registration Table 1. These registrations are listed by effective on December 24, 1996. registration number, product names, Registration is required for the FOR FURTHER INFORMATION CONTACT: By active ingredients and the specific uses Roundtable Meeting as well as the Site mail: James A. Hollins, Office of deleted. Users of these products who Tour and Training Session. For more Pesticide Programs (7502C), desire continued use on crops or sites information and to register, call 1–800– Environmental Protection Agency, 401 being deleted should contact the 981–8113. There is no registration fee. M St., SW., Washington, DC 20460. applicable registrant before December Dated: September 19, 1996. Office location for commercial courier 24, 1996 to discuss withdrawal of the Robert J. Knox, delivery and telephone number: Room applications for amendment. This 90– Acting, Director, Office of Environmental 216, Crystal Mall No. 2, 1921 Jefferson day period will also permit interested Justice. Davis Highway, Arlington, VA, (703) members of the public to intercede with [FR Doc. 96–24590 Filed 9–24–96; 8:45 am] 305–5761. registrants prior to the Agency approval BILLING CODE 6560±50±P SUPPLEMENTARY INFORMATION: of the deletion.

TABLE 1. Ð REGISTRATIONS WITH REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS

EPA Reg No. Product Name Active Ingredient Delete From Label

000004±00165 Methoxychlor 25% Insecti- Methoxychlor Mosquito control, live stock and agricultural premises cide 000070±00165 Kill-Ko 10% Sevin Dust Carbaryl Tobacco 000100±00456 D.Z.N. Lawn & Garden In- Diazinon Almonds & walnuts (all states except CA), figs, sect Control caneberries (all states except CA, OR, & WA), dried beans & peas, filberts, celery, pecans, apples, pears, grapefruit, lemons, oranges 000100±00460 D.Z.N. Diazinon 50W Diazinon Almonds & walnuts (all states except CA), caneberries (all states except CA, OR, WA), figs, fil- berts, citrus, olives, pecans, dried beans & peas, in- cluding soybeans, celery, watercress, alfalfa, clover, trefoil, field corn (except seed treatment, cotton, cowpeas, lespedeza, peanuts, sorghum, tobacco, Bermudagrass, pasture grass & grass forage, rangeland 00100±00461 D.Z.N. Diazinon AG500 Diazinon Almonds & walnuts (all states except CA), caneberries (all states except CA, OR, WA), citrus, figs, filberts, olives, pecans, dried beans & peas in- cluding soybeans, celery, alfalfa, clover, field corn, cotton, guar, sorghum, tobacco, cowpeas, lespe- deza, peanuts, rangeland, pasture grass, forage grasses & Bermudagrass 000100±00469 D.Z.N. Diazinon 14G Diazinon Dried beans & peas including soybeans, field corn, peanuts, sorghum, tobacco, alfalfa, clover, cowpeas, lespedeza, lawns Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50295

TABLE 1. Ð REGISTRATIONS WITH REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONSÐ Continued

EPA Reg No. Product Name Active Ingredient Delete From Label

000100±00524 D.Z.N. Diazinon MG±87% Diazinon Alfalfa, almonds (all states except CA), asparagus, bananas (import tolerance only), Bermudagrass, caneberries (all states except CA, OR, WA), citrus, clover, cotton, cowpeas, dried beans & peas, field corn (except seed treatment), figs, filberts, grass forage, guar, kiwifruit (import tolerance only), lawns, lespedeza, sorghum, trefoil, tobacco, watercress (HI only) 000100±00528 D.Z.N. 6000 Lawn & Garden Diazinon Dried peas & beans Insect Control 000241±00356 Triforine Technical Triforine Greenhouse uses 000557±01613 Vigoro Sevin 5% Dust Carbaryl Dogs and cats uses 000655±00003 Prentox Cube Powder Rotenone Terrestrial food crops, terrestrial non-food, green- house (vegetables & ornamentals), indoor residen- tial, domestic outdoor (household & ornamental), commercial/ industrial, livestock 000655±00069 Prentox Cube Resins Rotenone Terrestrial food crops, terrestrial non-food, green- house (vegetables & ornamentals), indoor residen- tial, outdoor domestic (household & ornamental), commercial/ industrial, livestock 001386±00451 5% Sevin Dust Carbaryl Pet animals 005481±00132 Cryolilte 93 Insecticide Cryolite Apples, peaches, pears, mustard greens, turnips, rad- ishes, cranberries, strawberries 067517±00024 Facefly Bomb Dipropyl isocinchomeronate; Dairy & beef cattle N-Octyl bicycloheptene dicarboximide; Piperonylbutoxide; Pyrethrins

The following Table 2 includes the names and addresses of record for all registrants of the products in Table 1, in sequence by EPA company number.

TABLE 2. Ð REGISTRANTS REQUESTING AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS

Com- pany No. Company Name and Address

000004 Bonide Products Inc., 2 Wurz Ave., Yorkville, NY 13495. 000070 SureCo, Inc., 10012 N. Dale Mabry, Suite 221, Tampa, FL 33618. 000100 Ciba-Geigy Corp., Ciba Crop Protection, P.O. Box 18300, Greensboro, NC 27419. 000241 American Cyanamid Co., Agricultural Research Div., P.O. Box 400, Princeton, NJ 08543. 000557 Vigoro Industries, P.O. Box 512, Winter Haven, FL 33882. 000655 Prentiss Inc., 21 Vernon Street, C.B. 2000, Floral Park, NY 11001. 001386 Universal Cooperatives, Inc., P.O. Box 460, 7801 Metro Parkway, Minneapolis, MN 55440. 005481 Amvac Chemical Corp., c/o H.R. McLane, Inc., 7210 Red Road, Suite 206, Miami, FL 33143. 067517 PM Resources, Inc., 13001 St. Charles Rock Road, Bridgeton, MO 63044.

III. Existing Stocks Provisions Dated: September 4, 1996. [FRL 5613±7] The Agency has authorized registrants Frank Sanders, Notice of Data Availability and Public to sell or distribute product under the Director, Program Management and Support Meeting on Environmental Release previously approved labeling for a Division, Office of Pesticide Programs. Descriptions Supporting the period of 18 months after approval of [FR Doc. 96–24054 Filed 9–24–96; 8:45 am] Hazardous Wastes Characteristics the revision, unless other restrictions Scoping Study have been imposed, as in special review BILLING CODE 6560±50±F actions. AGENCY: Environmental Protection List of Subjects Agency (EPA). Environmental protection, Pesticides ACTION: Notice. and pests, Product registrations. 50296 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

SUMMARY: EPA is making available for and any public comments are available potential gaps in the RCRA hazardous public comment a draft report entitled for viewing in the RCRA Information waste characteristics. ‘‘Hazardous Waste Characteristics Center (RIC), located at Crystal Gateway For a paper copy of the report Scoping Study: Environmental Release I, First Floor, 1235 Jefferson Davis ‘‘Hazardous Waste Characteristics Descriptions.’’ This report focuses on Highway Arlington, VA. The RIC is Scoping Study: Environmental Release environmental contamination resulting open from 9 a.m. to 4 p.m., Monday Descriptions’’, please contact the RIC at from the management of non-hazardous through Friday, excluding federal the address in the ADDRESSES section of wastes and presents the criteria for the holidays. To review docket materials, it selection of data, the methodologies is recommended that the public make this notice. The report is also available used to gather the data, and the initial an appointment by calling 703 603– in electronic format on the Internet. results. This report was prepared in 9230. The public may copy a maximum Follow these instructions to access the support of a study being conducted by of 100 pages from any docket at no report. the Agency under a May 17, 1996 charge. Additional copies cost $0.15/ WWW: http://www.epa.gov consent agreement with the page. For information on accessing Gopher: gopher.epa.gov/epaoswer Environmental Defense Fund to paper and/or electronic copies of the investigate if there are gaps in coverage document, see the ‘‘Supplementary Dial-up: 919 558–0335 in the existing hazardous waste Information’’ section. If you are using the gopher or direct characteristics under the Resource The public meeting will be held at the dial-up; once you are connected to the Conservation and Recovery Act (RCRA), Hyatt Crystal City, 2799 Jefferson Davis EPA Public Access Server, look for the as well as the nature and extent of such Highway, Arlington, VA, 22202. report in the following directory: EPA gaps. The overall study is referred to as FOR FURTHER INFORMATION CONTACT: Offices and Regions/Office of Solid the ‘‘Hazardous Waste Characteristic Persons needing further information Waste and Emergency Response Scoping Study.’’ EPA is making this regarding this notice or registering for (OSWER)/Office of Solid Waste (RCRA)/ draft report on environmental releases the public meeting should contact Hazardous Waste Identification. available for written comment and also Tamara M. Irvin, Office of Solid Waste, FTP: ftp.epa/gov intends to hold a one-half day public 5304W, Environmental Protection meeting to accept comments. Agency, 401 M St., SW, Washington, DC Login: anonymous DATES: Copies of EPA’s draft report on 20460; telephone: (703)–308–8807; e- Password: your Internet address mail: irvin.tamara @epamail.epa.gov. environmental release descriptions will Files are located in /pub/gopher/ General questions about the regulatory be available from the RCRA docket after OSWRCRA. September 25, 1996. Written comments requirements under RCRA should be on this report must be received by directed to the RCRA Hotline, Office of The official record for this action will October 15, 1996. Solid Waste, U.S. Environmental be kept in paper form. Accordingly, EPA The public meeting will be held on Protection Agency, 401 M St., SW, will transfer all comments received Thursday, October 10, 1996, from 1:00 Washington, DC 20460; telephone: toll- electronically into paper form and place p.m. to 5:00 p.m. free at 800–424–9346, TDD: 800–553– them in the official record, which will ADDRESSES: Commenters must send an 7672, or locally at 703–412–9810. also include all comments submitted original and two copies of their SUPPLEMENTARY INFORMATION: Under the directly in writing. The official record is comments referencing docket number Resource Conservation and Recovery the paper record maintained at the F–96–ERDA–FFFFF to: RCRA Docket Act Section 3001, EPA is charged with location described ADDRESSES above. Information Center, Office of Solid defining which solid wastes are EPA responses to comments, whether Waste (5305G), U.S. Environmental hazardous by identifying the the comments are written or electronic, Protection Agency Headquarters (EPA, characteristics of hazardous waste and will be in a notice in the Federal HQ), 401 M Street, SW., Washington, listing particular hazardous wastes. The Register or in a response to comments current hazardous characteristics are DC 20460. Hand deliveries of comments document placed in the official record ignitability, corrosivity, reactivity, and should be made to the Arlington, VA, for this rulemaking. EPA will not address listed below. Comments may toxicity. As stated above, EPA has immediately reply to commenters also be submitted electronically by entered into a consent decree with the electronically other than to seek sending electronic mail through the Environmental Defense Fund to conduct clarification of electronic comments that Internet to: a study of the potential gaps in these [email protected]. characteristics. As part of this study, may be garbled in transmission or Comments in electronic format should EPA has collected data on human health during conversion to paper form. also be identified by the docket number or environmental damages from the Oral statements will be scheduled on F–96–ERDA–FFFFF. All electronic management of non-hazardous waste. a first-come-first-served basis by calling comments must be submitted as an The purpose of the public meeting is to the number listed under FOR FURTHER ASCII file avoiding the use of special provide a forum for public comment INFORMATION CONTACT. All statements or characters and any form of encryption. and discussion on the results of these written comments will be part of the Commenters should not submit data. Specifically, EPA is requesting public record and will be considered in electronically any confidential business comment on: (1) How current waste the development of the study. information (CBI). An original and two management practices relate to those in copies of CBI must be submitted under place at the time the contamination Dated: September 16, 1996. separate cover to: RCRA CBI Document occurred, (2) Whether the selection Elizabeth A. Cotsworth, Control Officer, Office of Solid Waste criteria used to collect the damage case Acting Director, Office of Solid Waste. (5305W), U.S. EPA, 401 M Street, SW., data were appropriate, (3) Whether the [FR Doc. 96–24592 Filed 9–24–96; 8:45 am] Washington, DC 20460. analyses captured the majority of BILLING CODE 6560±50±P The draft report ‘‘Hazardous Waste damage case information relevant to the Characteristics Scoping Study: purposes of the study, and (4) How Environmental Release Descriptions’’ these data could be used to identify Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50297

[FRL±5616±1] thirty (30) days from the publication of section 5(h)(1) of the Toxic Substances this notice. Control Act (TSCA) and 40 CFR 720.38. Amendment to Notice of Proposed ADDRESSES: A copy of the proposed EPA has designated this application as Administrative Settlement Pursuant to settlement is available at the following TME–96–9. The test marketing the Comprehensive Environmental address for review: (It is recommended conditions are described below. Response, Compensation, and Liability that you telephone Richard Clarizio at DATES: This notice becomes effective Act (312) 886–0559, before visiting the September 18, 1996. Written comments AGENCY: Environmental Protection Region V Office.) U.S. Environmental will be received until October 10, 1996. Agency. Protection Agency, Region V, Office of ADDRESSES: Written comments, ACTION: Add names to the list of settling Superfund, 77 West Jackson Boulevard, identified by the docket number [OPPT– parties. Chicago, Illinois 60604–3590. 59355] and the specific TME number Comments on the proposed settlement should be sent to: TSCA SUMMARY: The September 3, 1996, notice should be addressed to: (Please submit nonconfidential center (NCIC), Office of concerning the proposed settlement at an original and three copies, if possible.) Pollution Prevention and Toxics, the Marco of Iota Superfund Site in Iota, Richard Clarizio, Assistant Regional Environmental Protection Agency, Rm. Louisiana (61 FR 46463) included a list Counsel, Office of Regional Counsel, NEB–607 (7407), 401 M St., SW., of settling parties. Five parties who U.S. Environmental Protection Agency, Washington, DC 20460, (202) 554–1404, agreed to settle were inadvertently Region V, 77 West Jackson Boulevard TDD (202) 554–0551. excluded from the list. The excluded (CS–29A), Chicago, Illinois 60604–3590, Comments and data may also be settlers are: (312) 886–0559. submitted electronically by sending Analytical and Environmental Testing FOR FURTHER INFORMATION CONTACT: electronic mail (e-mail) to: Ardoin Distributors Richard Clarizio, Office of Regional [email protected]. Electronic Arkansas Department of Health Counsel, at (312) 886–0559. comments must be submitted as an Ashland Oil, Inc. (Ashland Petroleum SUPPLEMENTARY INFORMATION: The MIG ASCII file avoiding the use of special Company Division of Ashland Inc.) characters and any form of encryption. B&M Operating Co., Inc. DeWane Landfill received industrial and solid wastes, some of which Comments and data will also be Any comments regarding the contained hazardous substances, from accepted on disks in WordPerfect in 5.1 additional parties must be submitted on 1969 to 1988. The Landfill was placed file format or ASCII file format. All or before October 3, 1996. on the National Priorities List on August comments and data in electronic form FOR FURTHER INFORMATION CONTACT: Carl 30, 1990. U.S. EPA entered into an must be identified by [OPPT–59355]. No Bolden, 1445 Ross Avenue, Dallas, administrative consent order for Confidential Business Information (CBI) Texas, 75202–2733 at (214) 665–6713. removal action at the Site with various should be submitted through e-mail. Dated: September 19, 1996. responsible parties on March 29, 1991. Electronic comments on this notice may Jane N. Saginaw, U.S. EPA entered into a de minimis be filed online at many Federal Regional Administrator. settlement with other responsible Depository Libraries. Additional information on electronic submissions [FR Doc. 96–24724 Filed 9–24–96; 8:45 am] parties on May 15, 1995. Beloit College can be found under BILLING CODE 6560±50±P was not a signatory to either agreement. Beloit College is a potentially ‘‘SUPPLEMENTARY INFORMATION’’. responsible party who may have FOR FURTHER INFORMATION CONTACT: Vera [FRL 5615±3] arranged for disposal of hazardous Stubbs, New Chemicals Branch, substances at the MIG DeWane Landfill Chemical Control Division (7405), Proposed Settlement of Administrative Site. Beloit College’s share of the waste Office of Pollution Prevention and Order on Consent delivered to the site is believed not to Toxics, Environmental Protection AGENCY: U.S. Environmental Protection exceed 0.2% of the total waste delivered Agency, Rm. E–447A, 401 M St. SW., Agency (U.S. EPA). to the site. Washington, DC 20460, (202) 260–5671; ACTION: Proposed De Minimis A 30-day period, beginning on the e-mail: [email protected]. Settlement. date of publication of today’s notice, is SUPPLEMENTARY INFORMATION: Section open pursuant to Section 122(I) of 5(h)(1) of TSCA authorizes EPA to SUMMARY: U.S. EPA is proposing to CERCLA for comments on the proposed exempt persons from premanufacture settle a claim under Section 122 of settlement with this Respondent. notification (PMN) requirements and CERCLA with Beloit College, a de William E. Muno, permit them to manufacture or import minimis potentially responsible party, Director, Superfund Division, U.S. new chemical substances for test for past costs and costs that will be Environmental Protection Agency, Region V. marketing purposes if the Agency finds incurred during removal and remedial [FR Doc. 96–24586 Filed 9–24–96; 8:45 am] that the manufacture, processing, activities at the MIG DeWane Landfill BILLING CODE 6560±50±M distribution in commerce, use, and Site in Belvidere, Illinois. The disposal of the substances for test Respondent has agreed to pay a total of marketing purposes will not present an $30,000.00. The money will be used to [OPPT±59355; FRL±5396±7] unreasonable risk of injury to human reimburse the U.S. EPA for past costs health or the environment. EPA may Certain Chemicals; Approval of a Test and oversight costs which will be impose restrictions on test marketing Marketing Exemption incurred during actions to be taken at activities and may modify or revoke a the site. This action is being taken to AGENCY: Environmental Protection test marketing exemption upon receipt settle all liability related to the MIG Agency (EPA). of new information which casts DeWane Landfill Site with this ACTION: Notice. significant doubt on its finding that the Respondent pursuant to the intent of test marketing activity will not present Section 122(g) of CERCLA, as amended. SUMMARY: This notice announces EPA’s an unreasonable risk of injury. DATES: Comments on this proposed approval of an application for test EPA hereby approves TME–96–9. EPA settlement must be received within marketing exemption (TME) under has determined that test marketing of 50298 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices the new chemical substance described that comes to its attention cast Texas. The districts affected are: 3, 5, 6, below, under the conditions set out in significant doubt on its finding that the 7, 8, 9, 18, 22, 24, 25, 26, 29, and 30. the TME application, and for the time test marketing activities will not present Committees required to file reports in period and restrictions specified below, any unreasonable risk of injury to connection with the Special General will not present an unreasonable risk of human health or the environment. Election on November 5 should file an injury to human health or the A record has been established for this October Quarterly Report on October 15; environment. Production volume, use, notice under docket number [OPPT- a Pre-General Report on October 24; a and the number of customers must not 59355] (including comments and data Post-General Report on December 5; and exceed that specified in the application. submitted electronically a described a Year-End Report on January 31, 1997. All other conditions and restrictions above). A public version of this record, Committees required to file reports in described in the application and in this including printed versions of electronic connection with both the Special notice must be met. comments, which does not include any General and Special Runoff Election to A notice of receipt of the application information claimed as confidential be held on December 10, must file an was not published in advance of business information (CBI), is available October Quarterly Report; a Pre-General approval. Therefore, an opportunity to for inspection from 12 noon to 4 p.m., Report; a Pre-Runoff Report on submit comments is being offered at this Monday through Friday, excluding legal November 29; and a consolidated Post- time. EPA may modify or revoke the test holidays. The public record is located in Runoff & Year-End Report on January 9, marketing exemption if comments are the TSCA nonconfidential information 1997. received which cast significant doubt on center (NCIC), Rm. NEB–607, 401 M St., FOR FURTHER INFORMATION CONTACT: Ms. its finding that the test marketing SW., Washington, DC 20460. Electronic Bobby Werfel, Information Division, 999 activities will not present an comments must be submitted as an E Street, NW., Washington, DC 20463, unreasonable risk of injury. ASCII file avoiding the use of special Telephone: (202) 219–3420; Toll Free The following additional restrictions characters and any form of encryption. (800) 424–9530. The official record for this notice, as apply to TME–96–9. A bill of lading SUPPLEMENTARY INFORMATION: All accompanying each shipment must state well as the public version, as described principal campaign committees of that the use of the substance is restricted above will be kept in paper form. candidates in the Special General to that approved in the TME. In Accordingly, EPA will transfer all Election only and all other political addition, the applicant shall maintain comments received electronically into committees not filing monthly which the following records until five years printed, paper form as they are received support candidates in the Special after the date they are created, and shall and will place the paper copies in the General Election shall file an October make them available for inspection or official record which will also include Quarterly Report on October 15, with copying in accordance with section 11 all comments submitted directly in coverage dates from the close of the last of TSCA: writing. The official record is the paper report filed, or the date of the 1. Records of the quantity of the record maintained at the address in committee’s first activity, whichever is TME substance produced and the date ‘‘ADDRESSES’’ at the beginning of this later, through September 30; and a 12- of manufacture. document. day Pre-General Report on October 24, 2. Records of dates of the shipments List of Subjects with coverage dates from October 1 to each customer and the quantities through October 16. If there is a majority supplied in each shipment. Environmental protection, Test winner, committees must also file a 3. Copies of the bill of lading that marketing exemption. Post-General Report on December 5, accompanies each shipment of the TME Dated: September 18, 1996. with coverage dates from October 17 substance. through November 25 and a Year-End Paul J. Campanella, Report on January 31, 1997, with TME±96±9 Chief, New Chemicals Branch Office of coverage dates from November 26 Date of Receipt: August 12, 1996. The Pollution Prevention and Toxics. through December 31, 1996. extended comment period will close [FR Doc. 96–24601 Filed 9–24–96; 8:45 am] In the event that no candidate (insert date 15 days after date of receives a majority of the votes in the BILLING CODE 6560±50±F publication in the Federal Register). Special General Election, a Special Applicant: The Clorox Company. Runoff Election will be held on Chemical: (G) Heteromonocycle, 4- December 10, 1996. All principal FEDERAL ELECTION COMMISSION methyl-4-substituted-, methylsulfate. campaign committees of candidates in Use: (G) Cleaner activator. [Notice 1996±18] the Special General and Special Runoff Production Volume: Confidential Elections and all other political Number of Customers: Confidential Filing Dates for the Texas Special committees not filing monthly which Test Marketing Period: 12 Months. Elections support candidates in these elections Commencing on first day of commercial AGENCY: Federal Election Commission. shall file an October Quarterly Report manufacture. ACTION: Notice of Filing Dates for on October 15, with coverage dates from Risk Assessment: EPA identified no Special Elections. the close of the last report filed, or the significant health or environmental day of the committee’s first activity, concerns for the test market substance. SUMMARY: Texas has scheduled special whichever is later, through September Therefore, the test market activities will elections on November 5 and December 30; a 12-day Pre-General Report on not present any unreasonable risk of 10 based on an order by the U.S. District October 24, with coverage dates from injury to human health or the Court for the Southern District of Texas October 1 through October 16; a Pre- environment. in Vera et al. v. Bush et al., which Runoff report on November 29, with The Agency reserves the right to redrew the boundaries, invalidated the coverage dates from October 17 through rescind approval or modify the results of primary and runoff elections, November 20; and a consolidated Post- conditions and restrictions of an and ordered new elections in thirteen of Runoff & Year-End Report on January 9, exemption should any new information the thirty U.S. Congressional Districts of 1997, with coverage dates from Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50299

November 21 through December 31, date of the committee’s first activity, day Pre-Runoff Report on November 29, 1996. whichever is later, through September with coverage dates from the last report If two elections are held, all principal 30; a 12-day Pre-General Report on filed or the date of the committee’s first campaign committees of candidates in October 24, with coverage dates from activity, whichever is later, through the Special General Election only and October 1 through October 16; and a November 20, and a consolidated Post- all other political committees not filing Year-End Report on January 31, 1997, Runoff & Year-End Report on January 9, monthly which support candidates in with coverage dates from October 17 1997, with coverage dates from the Special General Election only shall through December 31, 1996. November 21 through December 31, file an October Quarterly Report on All political committees not filing 1996. October 15, with coverage dates from monthly which support candidates in the close of the last report filed, or the the Special Runoff only shall file a 12-

CALENDAR OF REPORTING DATES FOR TEXAS SPECIAL ELECTIONS

Report Close of Reg./cert. Filing date Books 1 mailing date 2

I. If only the special general is held (11/05/96), committees must file:

October Quarterly ...... 09/30/96 10/15/96 10/15/96 Pre-General ...... 10/16/96 10/21/96 10/24/96 Post-General ...... 11/25/96 12/05/96 12/05/96 Year-End ...... 12/31/96 01/31/97 01/31/97 II. If two elections are held, committees involved in the special general (11/05/96) and special runoff (12/10/96) must file:

October Quarterly ...... 09/30/96 10/15/96 10/15/96 Pre-General ...... 10/16/96 10/21/96 10/24/96 Pre-Runoff ...... 11/20/96 11/25/96 3 11/29/96 Post-Runoff & Year-End 4 ...... 12/31/96 01/09/97 01/09/97 III. If two elections are held, committees involved in only the special general (11/05/96) must file:

October Quarterly ...... 09/30/96 10/15/96 10/15/96 Pre-General ...... 10/16/96 10/21/96 10/24/96 Year-End ...... 12/31/96 01/31/97 01/31/97 IV. All committees involved in the special runoff (12/10/96) only must file:

Pre-Runoff ...... 11/20/96 11/25/96 3 11/29/96 Post-Runoff & Year-End 4 ...... 12/31/96 01/09/97 01/09/97 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 The date has been adjusted because the computed date would have fallen on a Federal holiday. 4 Committees should filed a consolidated Post-Runoff and Year-End Report by the filing date of the Post-Runoff Report.

Dated: September 19, 1996. notice appears. The requirements for Title: Hanjin/Tricon Far East Services Lee Ann Elliott, comments are found in section 572.603 Slot Charter Agreement Chairman, Federal Election Commission. of title 46 of the Code of Federal Parties: [FR Doc. 96–24486 Filed 9–24–96; 8:45 am] Regulations. Interested persons should Hanjin Shipping Co., Ltd. BILLING CODE 6715±01±M consult this section before Cho Yang Shipping Co., Ltd. communicating with the Commission DSR-Senator Lines GMBH regarding a pending agreement. Synopsis: The proposed modification Agreement No.: 202–000050–63 expands the scope of the Agreement FEDERAL MARITIME COMMISSION Title: United States/Australia New to include ports in China. Notice of Agreement(s) Filed Zealand Association Agreement No.: 203–011555 Parties: Title: Policies Services Agreement The Federal Maritime Commission Blue Star (North America) Limited Parties: hereby gives notice of the filing of the Columbus Line Atlantic Container Line AB following agreement(s) pursuant to Australia New Zealand Direct Line Hapag Lloyd AG section 5 of the Shipping Act of 1984. Synopsis: This modification combines DSR-Senator Lines Interested parties may inspect and the geographic scopes of the U.S. POL-Atlantic obtain a copy of each agreement at the Atlantic & Gulf/Australia-New P&O Containers Limited Washington, DC. office of the Federal Zealand Conference (Agreement No. Cho Yang Shipping Co., Ltd. Maritime Commission, 800 North 202–006200) and the Pacific Coast/ Mediterranean Shipping Co. Capitol Street, NW., 9th floor. Interested Australia-New Zealand Tariff Bureau Sea-Land Service, Inc. parties may submit comments on each (Agreement No. 202–000050) and Orient Overseas Container Line (UK) agreement to the Secretary, Federal both restates and renames the Ltd. Maritime Commission, Washington, DC. Agreement the United States/ Evergreen Marine Corp. (Taiwan), Ltd. 20573, within 10 days after the date of Australia New Zealand Association. Hanjin Shipping Co., Ltd. the Federal Register in which this Agreement No.: 232–011521–001 A.P. Moller-Maersk Line 50300 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

Nedlloyd Linjnen BV 1. Gustave W. Kerndt, and James activities will be conducted throughout Nippon Yusen Kaisha Kerndt, Lansing, Iowa; to both retain the United States. Transportaction Maritima Mexicana, 25.20 percent of the voting shares of Unless otherwise noted, comments S.A. de C.V. Kerndt Bank Services, Inc., Lansing, regarding each of these applications Neptune Orient Lines Ltd. Iowa, and thereby indirectly acquire must be received at the Reserve Bank Hyundai Merchant Marine Co., Ltd. Kerndt Brothers Savings Bank, Lansing, indicated or the offices of the Board of Tecomar, S.A. de C.V. Iowa. Governors not later than October 18, Synopsis: The proposed Agreement Board of Governors of the Federal Reserve 1996. would permit the parties to establish A. Federal Reserve Bank of a regional self-policing system in the System, September 19, 1996. Jennifer J. Johnson, Philadelphia (Michael E. Collins, Senior trade between continental United Vice President) 100 North 6th Street, Deputy Secretary of the Board. States ports, and inland U.S. points Philadelphia, Pennsylvania 19105: via such ports, and ports and points [FR Doc. 96–24569 Filed 9-24-96; 8:45 am] 1. Prime Newco, Inc., Philadelphia, in Europe, except Spain and Portugal. BILLING CODE 6210-01-F Pennsylvania; to be renamed Prime It would also permit them to Bancor, Inc., to become a bank holding cooperate voluntarily with regard to company by acquiring 100 percent of related service programs. Formations of, Acquisitions by, and the voting shares of First Sterling Agreement No.: 224–200178–004 Mergers of Bank Holding Companies Bancorp, Inc., Devon, Pennsylvania, and Title: The Port Authority of New York The companies listed in this notice thereby indirectly acquire First Sterling and New Jersey and Carco, Inc., have applied to the Board for approval, Bank, Devon, Pennsylvania. Marine Terminal Agreement pursuant to the Bank Holding Company In connection with this application Parties: Act of 1956 (12 U.S.C. 1841 et seq.) Prime Newco, Inc., also has applied to The Port Authority of New York and (BHC Act), Regulation Y (12 CFR Part acquire Prime Bank, Philadelphia, New Jersey Carco, Inc. 225), and all other applicable statutes Pennsylvania, and thereby engage in Synopsis: The proposed modification and regulations to become a bank operating a savings bank, pursuant to § provides for the payment of berth holding company and/or to acquire the 225.25(b)(9) of the Board’s Regulation Y, rental on all automobiles discharged assets or the ownership of, control of, or and to acquire Prime Abstract, Inc., to and from the Auto Marine the power to vote shares of a bank or Philadelphia, Pennsylvania, and thereby Terminal. bank holding company and all of the engage in real estate title abstracting Dated: September 19, 1996. banks and nonbanking companies pursuant to Board order, The First By Order of the Federal Maritime owned by the bank holding company, National Company, 81 Fed. Res. Bull. Commission. including the companies listed below. 805 (1995). Joseph C. Polking, The applications listed below, as well B. Federal Reserve Bank of San Secretary. as other related filings required by the Francisco (Kenneth R. Binning, Director, Bank Holding Company) 101 [FR Doc. 96–24481 Filed 9–24–96; 8:45 am] Board, are available for immediate inspection at the Federal Reserve Bank Market Street, San Francisco, California BILLING CODE 6730±01±M indicated. Once the application has 94105: been accepted for processing, it will also 1. First Commerce Bancorp, Inc., be available for inspection at the offices Logan, Utah; to become a bank holding FEDERAL RESERVE SYSTEM of the Board of Governors. Interested company by acquiring 100 percent of Change in Bank Control Notices; persons may express their views in the voting shares of Nubanc Corp.(dba Acquisitions of Shares of Banks or writing on the standards enumerated in First Commerce Bank), Logan, Utah. Bank Holding Companies the BHC Act (12 U.S.C. 1842(c)). If the Board of Governors of the Federal Reserve proposal also involves the acquisition of System, September 19, 1996. The notificants listed below have a nonbanking company, the review also Jennifer J. Johnson, applied under the Change in Bank includes whether the acquisition of the Deputy Secretary of the Board. Control Act (12 U.S.C. 1817(j)) and § nonbanking company complies with the [FR Doc. 96–24567 Filed 9-24-96; 8:45 am] 225.41 of the Board’s Regulation Y (12 standards in section 4 of the BHC Act, BILLING CODE 6210-01-F CFR 225.41) to acquire a bank or bank including whether the acquisition of the holding company. The factors that are nonbanking company can ‘‘reasonably considered in acting on the notices are be expected to produce benefits to the Notice of Proposals to Engage in set forth in paragraph 7 of the Act (12 public, such as greater convenience, Permissible Nonbanking Activities or U.S.C. 1817(j)(7)). increased competition, or gains in to Acquire Companies that are The notices are available for efficiency, that outweigh possible Engaged in Permissible Nonbanking immediate inspection at the Federal adverse effects, such as undue Activities Reserve Bank indicated. Once the concentration of resources, decreased or notices have been accepted for unfair competition, conflicts of The companies listed in this notice processing, they will also be available interests, or unsound banking practices’’ have given notice under section 4 of the for inspection at the offices of the Board (12 U.S.C. 1843). Any request for Bank Holding Company Act (12 U.S.C. of Governors. Interested persons may a hearing must be accompanied by a 1843) (BHC Act) and Regulation express their views in writing to the statement of the reasons a written Y, (12 CFR Part 225) to engage de novo, Reserve Bank indicated for that notice presentation would not suffice in lieu of or to acquire or control voting securities or to the offices of the Board of a hearing, identifying specifically any or assets of a company that engages Governors. Comments must be received questions of fact that are in dispute, either directly or through a subsidiary or not later than October 9, 1996. summarizing the evidence that would other company, in a nonbanking activity A. Federal Reserve Bank of Chicago be presented at a hearing, and indicating that is listed in § 225.25 of Regulation (James A. Bluemle, Vice President) 230 how the party commenting would be Y (12 CFR 225.25) or that the Board has South LaSalle Street, Chicago, Illinois aggrieved by approval of the proposal. determined by Order to be closely 60690: Unless otherwise noted, nonbanking related to banking and permissible for Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50301 bank holding companies. Unless Board of Governors of the Federal Reserve Agreement Containing Consent Order System, September 19, 1996. otherwise noted, these activities will be The Federal Trade Commission Jennifer J. Johnson, conducted throughout the United States. (‘‘Commission’’), having initiated an Each notice is available for inspection Deputy Secretary of the Board. investigation of the proposed at the Federal Reserve Bank indicated. [FR Doc. 96–24568 Filed 9-24-96; 8:45 am] acquisition of Turner Broadcasting Once the notice has been accepted for BILLING CODE 6210-01-F System, Inc. (‘‘Turner’’) by Time Warner processing, it will also be available for Inc. (‘‘Time Warner’’), and Tele- inspection at the offices of the Board of Communications, Inc.’s (‘‘TCI’’) and Governors. Interested persons may Liberty Media Corporation’s (‘‘LMC’’) FEDERAL TRADE COMMISSION express their views in writing on the proposed acquisitions of interests in question whether the proposal complies Time Warner, and it now appearing that with the standards of section 4 of the [File No. 961±0004] Time Warner, Turner, TCI, and LMC, hereinafter sometimes referred to as BHC Act, including whether Time Warner Inc., et al.; Proposed consummation of the proposal can ‘‘proposed respondents,’’ are willing to Consent Agreement With Analysis To enter into an agreement containing an ‘‘reasonably be expected to produce Aid Public Comment order to divest certain assets, and benefits to the public, such as greater providing for other relief: AGENCY: Federal Trade Commission. convenience, increased competition, or It is hereby agreed by and between gains in efficiency, that outweigh ACTION: Proposed consent agreement. proposed respondents, by their duly possible adverse effects, such as undue authorized officers and attorneys, and concentration of resources, decreased or SUMMARY: In settlement of alleged counsel for the Commission that: unfair competition, conflicts of violations of federal law prohibiting 1. Proposed respondent Time Warner interests, or unsound banking practices’’ unfair or deceptive acts or practices and is a corporation organized, existing and (12 U.S.C. 1843). Any request for a unfair methods of competition, this doing business under and by virtue of hearing on this question must be consent agreement, accepted subject to the laws of the State of Delaware with accompanied by a statement of the final Commission approval, would its office and principal place of business reasons a written presentation would require, among other things, a located at 75 Rockefeller Plaza, New not suffice in lieu of a hearing, restructuring of the acquisition by Time York, New York 10019. identifying specifically any questions of Warner Inc. of Turner Broadcasting 2. Proposed respondent Turner is a fact that are in dispute, summarizing the System, Inc., which are two of the corporation organized, existing and country’s largest cable programmers. evidence that would be presented at a doing business under and by virtue of Time Warner, Turner, TCI and its hearing, and indicating how the party the laws of the State of Georgia, with its subsidiary Liberty Media Corp. have commenting would be aggrieved by office and principal place of business agreed to make a number of structural approval of the proposal. located at One CNN Center, Atlanta, changes and to abide by certain Georgia 30303. Unless otherwise noted, comments restrictions designed to break down the 3. Proposed respondent TCI is a regarding the applications must be entry barriers created by the proposed corporation organized, existing and received at the Reserve Bank indicated transaction. doing business under and by virtue of or the offices of the Board of Governors DATES: Comments must be received on the law of the State of Delaware, with not later than October 9, 1996. or before November 25, 1996. its office and principal place of business A. Federal Reserve Bank of Boston ADDRESSES: Comments should be located at 5619 DTC Parkway, (Robert M. Brady, Vice President) 600 directed to: FTC/Office of the Secretary, Englewood, Colorado 80111. Atlantic Avenue, Boston, Massachusetts Room 159, 6th St. and Pa. Ave., N.W., 4. Proposed respondent LMC is a 02106: Washington, D.C. 20580. corporation organized, existing and doing business under and by virtue of 1. The Royal Bank of Scotland Group FOR FURTHER INFORMATION CONTACT: the law of the State of Delaware, with plc, Edinburgh, Scotland; The Royal William Baer or George Cary, FTC/H– its office and principal place of business Bank of Scotland, plc, Edinburgh, 374, Washington, D.C. 20580. (202) 326– located at 8101 East Prentice Avenue, Scotland; The Governor and Company 2932 or 326–3741. Englewood, Colorado 80111. of the Bank of Ireland, Dublin, Ireland; SUPPLEMENTARY INFORMATION: Pursuant 5. Proposed respondents admit all the and Citizens Financial Group, Inc., to Section 6(f) of the Federal Trade jurisdictional facts set forth in the draft Providence, Rhode Island; to acquire Commission Act, 38 Stat. 721, 15 U.S.C. of complaint for purposes of this NYCE Corporation, Woodcliff Lake, 46 and Section 2.34 of the Commission’s agreement and order only. New Jersey, and thereby engage in data Rules of Practice (16 CFR 2.34), notice 6. Proposed respondents waive: processing activities pursuant to § is hereby given that the following (1) any further procedural steps; 225.25(b)(7) of the Board’s Regulation Y. consent agreement containing a consent (2) the requirement that the B. Federal Reserve Bank of Atlanta order to cease and desist, having been Commission’s decision contain a (Zane R. Kelley, Vice President) 104 filed with and accepted, subject to final statement of findings of fact and Marietta Street, N.W., Atlanta, Georgia approval, by the Commission, has been conclusions of law; 30303: placed on the public record for a period (3) all rights to seek judicial review or of sixty (60) days. Public comment is otherwise to challenge or contest the 1. First State Bancshares of Blakely, invited. Such comments or views will validity of the order entered pursuant to Inc., Blakely, Georgia; to acquire First be considered by the Commission and this agreement; and Southwest Bancorp, Inc., Donalsonville, will be available for inspection and (4) any claim under the Equal Access Georgia, a thrift holding company, and copying at its principal office in to Justice Act. thereby engage in opeating a savings accordance with § 4.9(b)(6)(ii) of the 7. Proposed respondents shall submit association, pursuant to § 225.25(b)(9) Commission’s Rules of Practice (16 CFR (either jointly or individually), within of the Board’s Regulation Y. 4.9(b)(6)(ii)). sixty (60) days of the date this 50302 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices agreement is signed by proposed order, and no agreement, understanding, the interests of more than one Person respondents, an initial report or reports, representation, or interpretation not distributing multichannel video pursuant to § 2.33 of the Commission’s contained in the order or the agreement programming that: (1) Agrees to be Rules, signed by the proposed may be used to vary or contradict the financially liable for any fees due respondents and setting forth in detail terms of the order. pursuant to a Programming Service the manner in which the proposed 11. Proposed respondents have read Agreement which it signs as a respondents will comply with the proposed complaint and order contracting party as a representative of Paragraphs VI, VII and VIII of the order, contemplated hereby. Proposed its members, or each of whose members, when and if entered. Such report will respondents understand that once the as contracting parties, agrees to be liable not become part of the public record order has been issued, they will be for its portion of the fees due pursuant unless and until this agreement and required to file one or more compliance to the programming service agreement; order are accepted by the Commission reports showing that they have fully (2) agrees to uniform billing and for public comment. complied with the order. Proposed standardized contract provisions for 8. This agreement shall not become respondents further understand that individual members; and (3) agrees part of the public record of the they may be liable for civil penalties in either collectively or individually on proceeding unless and until it is the amount provided by law for each reasonable technical quality standards accepted by the Commission. If this violation of the order after it becomes for the individual members of the group. agreement is accepted by the final. (G) ‘‘Carriage Terms’’ means all terms Commission it, together with a draft of 12. Proposed respondents agree to be and conditions for sale, licensing or the complaint contemplated hereby, bound by all of the terms of the Interim delivery to an MVPD for a Video will be placed on the public record for Agreement attached to this agreement Programming Service and includes, but a period of sixty (60) days and and made a part hereof as Appendix I, is not limited to, all discounts (such as information in respect thereto publicly upon acceptance by the Commission of for volume, channel position and released. The Commission thereafter this agreement for public comment. Penetration Rate), local advertising may either withdraw its acceptance of Proposed respondents agree to notify availabilities, marketing, and this agreement and so notify the the Commission’s Bureau of promotional support, and other terms proposed respondents, in which event it Competition in writing, within 30 days and conditions. will take such action as it may consider of the date the Commission accepts this (H) ‘‘CATV’’ means a cable system, or appropriate, or issue and serve its agreement for public comment, of any multiple cable systems Controlled by complaint (in such form as the and all actions taken by the proposed the same Person, located in the United circumstances may require) and respondents to comply with the Interim States. decision, in disposition of the Agreement and of any ruling or decision (I) ‘‘Closing Date’’ means the date of proceeding. by the Internal Revenue Service (‘‘IRS’’) the closing of the Acquisition. 9. This agreement is for settlement concerning the Distribution of The (J) ‘‘CNN’’ means the Video purposes only and does not constitute Separate Company stock to the holders Programming Service Cable News an admission by proposed respondents of the Liberty Tracking Stock within two Network. that the law has been violated as alleged (2) business days after service of the IRS (K) ‘‘Commission’’ means the Federal in the draft of complaint, or that the Ruling. Trade Commission. facts as alleged in the draft complaint, (L) ‘‘Competing MVPD’’ means an 13. The order’s obligations upon other than jurisdictional facts, are true. Unaffiliated MVPD whose proposed or proposed respondents are contingent 10. This agreement contemplates that, actual service area overlaps with the upon consummation of the Acquisition. if it is accepted by the Commission, and actual service area of a Time Warner if such acceptance is not subsequently Order CATV. withdrawn by the Commission pursuant (M) ‘‘Control,’’ ‘‘Controlled’’ or to the provisions of § 2.34 of the I ‘‘Controlled by’’ has the meaning set Commission’s Rules, the Commission As used in this Order, the following forth in 16 CFR 801.1 as that regulation may, without further notice to the definitions shall apply: read on July 1, 1996, except that Time proposed respondents, (1) issue its (A) ‘‘Acquisition’’ means Time Warner’s 50% interest in Comedy complaint corresponding in form and Warner’s acquisition of Turner and Central (as of the Closing Date) and substance with the draft of complaint TCI’s and LMC’s acquisition of interest TCI’s 50% interests in Bresnan here attached and its decision in Time Warner. Communications, Intermedia containing the following order in (B) ‘‘Affiliated’’ means having an Partnerships and Lenfest disposition of the proceeding, and (2) Attributable Interest in a Person. Communications (all as of the Closing make information public with respect (C) ‘‘Agent’’ or ‘‘Representative’’ Date) shall not be deemed sufficient thereto. When so entered, the order means a Person that is acting in a standing alone to confer Control over shall have the same force and effect and fiduciary capacity on behalf of a that Person. may be altered, modified or set aside in principal with respect to the specific (N) ‘‘Converted WTBS’’ means WTBS the same manner and within the same conduct or action under review or once converted to a Video Programming time provided by statute for other consideration. Service. orders. The order shall become final (D) ‘‘Attributable Interest’’ means an (O) ‘‘Fully Diluted Equity of Time upon service. Delivery by the U.S. interest as defined in 47 C.F.R. 76.501 Warner’’ means all Time Warner Postal Service of the complaint and (and accompanying notes), as that rule common stock actually issued and decision containing the agreed-to order read on July 1, 1996. outstanding plus the aggregate number to proposed respondents’ addresses as (E) ‘‘Basic Service Tier’’ means the of shares of Time Warner common stock stated in this agreement shall constitute Tier of video programming as defined in that would be issued and outstanding service. Proposed respondents waive 47 C.F.R. 76.901(a), as that rule read on assuming the exercise of all outstanding any right they may have to any other July 1, 1996. options, warrants and rights (excluding manner of service. The complaint may (F) ‘‘Buying Group’’ or ‘‘Purchasing shares that would be issued in the event be used in construing the terms of the Agent’’ means any Person representing a poison pill is triggered) and the Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50303 conversion of all outstanding securities (T) ‘‘The Liberty Tracking Stock’’ (CC) ‘‘Similarly Situated MVPDs’’ that are convertible into Time Warner means Tele-Communications, Inc. means MVPDs with the same or similar common stock. Series A Liberty Media Group Common number of Total Subscribers as the (P) ‘‘HBO’’ means the Video Stock and Tele-Communications, Inc. Competing MVPD has nationally and Programming Service Home Box Office, Series B Liberty Media Group Common the same or similar Penetration Rate(s) including multiplexed versions. Stock. as the Competing MVPD makes (Q) ‘‘Independent Advertising- (U) ‘‘Multichannel Video available nationally. Supported News and Information Video Programming Distributor’’ or ‘‘MVPD’’ (DD) ‘‘TCI’’ means Tele- Programming Service’’ means a National means a Person providing multiple Communications, Inc., all of its Video Programming Service (1) that is channels of video programming to directors, officers, employees, Agents, not owned, Controlled by, or Affiliated subscribers in the United States for and Representatives, and also includes with Time Warner; (2) that is a 24-hour which a fee is charged, by any of various (1) all of its predecessors, successors, per day service consisting of current methods including, but not limited to, assigns, subsidiaries, and divisions, all national, international, sports, financial cable, satellite master antenna of their respective directors, officers, and weather news and/or information, television, multichannel multipoint employees, Agents, and Representatives, and other similar programming; and (3) distribution, direct-to-home satellite (C- and the respective successors and that has national significance so that, as band, Ku-band, direct broadcast assigns of any of the foregoing; and (2) of February 1, 1997, it has contractual satellite), ultra high-frequency partnerships, joint ventures, and commitments to supply its service to 10 microwave systems (sometimes called affiliates that Tele-Communications, million subscribers on Unaffiliated LMDS), open video systems, or the Inc. Controls, directly or indirectly. TCI MVPDs, or, together with the facilities of common carrier telephone acknowledges that the obligations of contractual commitments it will obtain companies or their affiliates, as well as subparagraphs (C)(6), (8)–(9), (D)(1)–(2) from Time Warner, it has total Buying Groups or Purchasing Agents of of Paragraph II and of Paragraph III of contractual commitments to supply its all such Persons. this order extend to actions by Bob service to 15 million subscribers. If no (V) ‘‘National Video Programming Magness and John C. Malone, taken in such Service has such contractual Service’’ means a Video Programming an individual capacity as well as in a commitments, then Time Warner may Service that is intended for distribution capacity as an officer or director, and choose from among the two Services in all or substantially all of the United agrees to be liable for such actions. (EE) ‘‘TCI Control Shareholders’’ with contractual commitments with States. means the following Persons, Unaffiliated MVPDs for the largest (W) ‘‘Ownership Interest’’ means any individually as well as collectively: Bob right(s), present or contingent, to hold number of subscribers. Magness, John C. Malone, and the (R) ‘‘Independent Third Party’’ means voting or nonvoting interest(s), equity Kearns-Tribune Corporation, its Agents (1) a Person that does not own, Control, interest(s), and/or beneficial and Representatives, and the respective and is not Affiliated with or has a share ownership(s) in the capital stock of a successors and assigns of any of the of voting power, or an Ownership Person. foregoing. Interest in, greater than 1% of any of the (X) ‘‘Penetration Rate’’ means the (FF) ‘‘TCI’s and LMC’s Interest in following: TCI, LMC, or the Kearns- percentage of Total Subscribers on an Time Warner’’ means all the Ownership Tribune Corporation; or (2) a Person MVPD who receives a particular Video Interest in Time Warner to be acquired which none of TCI, LMC, or the TCI Programming Service. by TCI and LMC, including the right of Control Shareholders owns, Controls, is (Y) ‘‘Person’’ includes any natural first refusal with respect to Time Warner Affiliated with, or in which any of them person, corporate entity, partnership, stock to be held by R. E. Turner, III, have a share of voting power, or an association, joint venture, government pursuant to the Shareholders Agreement Ownership Interest in, greater than 1%. entity or trust. dated September 22, 1995 with LMC or Provided, however, that an Independent (Z) ‘‘Programming Service any successor agreement. Third Party shall not lose such status if, Agreement’’ means any agreement (GG) ‘‘TCI’s and LMC’s Turner- as a result of a transaction between an between a Video Programming Vendor Related Businesses’’ means the Independent Third Party and The and an MVPD by which a Video businesses conducted by Southern Separate Company, such Independent Programming Vendor agrees to permit Satellite Systems, Inc., a subsidiary of Third Party becomes a successor to The carriage of a Video Programming Service TCI which is principally in the business Separate Company and the TCI Control on that MVPD. of distributing WTBS to MVPDs. Shareholders collectively hold an (AA) ‘‘The Separate Company’’ means (HH) ‘‘Tier’’ means a grouping of Ownership Interest of 5% or less and a separately incorporated Person, either Video Programming Services offered by collectively hold a share of voting existing or to be created, to take the an MVPD to subscribers for one package power of 1% or less in that successor actions provided by Paragraph II and price. company. includes without limitation all of The (II) ‘‘Time Warner’’ means Time (S) ‘‘LMC’’ means Liberty Media Separate Company’s subsidiaries, Warner Inc., all of its directors, officers, Corporation, all of its directors, officers, divisions, and affiliates Controlled, employees, Agents, and Representatives, employees, Agents, and Representatives, directly or indirectly, all of their and also includes (1) all of its and also includes (1) all of its respective directors, officers, employees, predecessors, successors, assigns, predecessors, successors, assigns, Agents, and Representatives, and the subsidiaries, and divisions, including, subsidiaries, and divisions, all of their respective successors and assigns of any but not limited to, Turner after the respective directors, officers, employees, of the foregoing, other than any Closing Date, all of their respective Agents, and Representatives, and the Independent Third Party. directors, officers, employees, Agents, respective successors and assigns of any (BB) ‘‘Service Area Overlap’’ means and Representatives, and the respective of the foregoing; and (2) partnerships, the geographic area in which a successors and assigns of any of the joint ventures, and affiliates that Liberty Competing MVPD’s proposed or actual foregoing; and (2) partnerships, joint Media Corporation Controls, directly or service area overlaps with the actual ventures, and affiliates that Time indirectly. service area of a Time Warner CATV. Warner Inc. Controls, directly or 50304 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices indirectly. Time Warner shall, except after the Closing Date that Time Warner in the United States. It does not include for the purposes of definitions OO and owns, Controls or is Affiliated with that pay-per-view programming service(s), PP, include Time Warner Entertainment is not owned, Controlled by, or interactive programming service(s), Company, L.P., so long as it falls within Affiliated with TWE, for so long as the over-the-air television broadcasting, or this definition. Video Programming Service remains satellite broadcast programming as (JJ) ‘‘Time Warner CATV’’ means a owned, Controlled by, or affiliated with defined in 47 C.F.R. 76.1000(f) as that CATV which is owned or Controlled by Time Warner. rule read on July 1, 1996. Time Warner. ‘‘Non-Time Warner (QQ) ‘‘TWE’’ means Time Warner (YY) ‘‘Video Programming Vendor’’ CATV’’ means a CATV which is not Entertainment Company, L.P., all of its means a Person engaged in the owned or Controlled by Time Warner. officers, employees, Agents, production, creation, or wholesale Obligations in this order applicable to Representatives, and also includes (1) distribution to MVPDs of Video Time Warner CATVs shall not survive all of its predecessors, successors, Programming Services for sale in the the disposition of Time Warner’s assigns, subsidiaries, divisions, United States. Control over them. including, but not limited to, Time (ZZ) ‘‘WTBS’’ means the television (KK) ‘‘Time Warner National Video Warner Cable, and the respective broadcast station popularly known as Programming Vendor’’ means a Video successors and assigns of any of the TBS Superstation, and includes any Programming Vendor providing a foregoing, but excluding Turner; and (2) Video Programming Service that may be National Video Programming Service partnerships, joint ventures, and a successor to WTBS, including which is owned or Controlled by Time affiliates that Time Warner Converted WTBS. Warner. Likewise, ‘‘Non-Time Warner Entertainment Company, L.P., Controls, National Video Programming Vendor’’ directly or indirectly. II means a Video Programming Vendor (RR) ‘‘TWE’s Management It is ordered that: providing a National Video Committee’’ means the Management (A) TCI and LMC shall divest TCI’s Programming Service which is not Committee established in Section 8 of and LMC’s Interest in Time Warner and owned or Controlled by Time Warner. the Admission Agreement dated May TCI’s and LMC’s Turner-Related (LL) ‘‘TNT’’ means the Video 16, 1993, between TWE and U S West, Businesses to The Separate Company Programming Service Turner Network Inc., and any successor thereof, and by: Television. includes any management committee in (1) combining TCI’s and LMC’s (MM) ‘‘Total Subscribers’’ means the any successor agreement that provides Interest in Time Warner Inc. and TCI’s total number of subscribers to an MVPD for membership on the management and LMC’s Turner-Related Businesses in other than subscribers only to the Basic committee for non-Time Warner The Separate Company; Service Tier. individuals. (2) distributing The Separate (NN) ‘‘Turner’’ means Turner (SS) ‘‘TWE Video Programming Company stock to the holders of Liberty Broadcasting System, Inc., all of its Services’’ means each Video Tracking Stock (‘‘Distribution’’); and directors, officers, employees, Agents, Programming Service owned or (3) using their best efforts to ensure and Representatives, and also includes Controlled by TWE on the Closing Date, that The Separate Company’s stock is (1) all of its predecessors, successors and includes (1) any such Video registered or listed for trading on the (except Time Warner), assigns (except Programming Service transferred after Nasdaq Stock Market or the New York Time Warner), subsidiaries, and the Closing Date to another part of Time Stock Exchange or the American Stock divisions; and (2) partnerships, joint Warner and (2) any Video Programming Exchange. ventures, and affiliates that Turner Service created after the Closing Date (B) TCI and LMC shall make all Broadcasting System, Inc., Controls, that TWE owns or Controls, for so long regulatory filings, including, but not directly or indirectly. as the Video Programming Service limited to, filings with the Federal (OO) ‘‘Turner Video Programming remains owned or Controlled by TWE. Communications Commission and the Services’’ means each Video (TT) ‘‘TWE-Affiliated Video Securities and Exchange Commission Programming Service owned or Programming Services’’ means each that are necessary to accomplish the Controlled by Turner on the Closing Video Programming Service, whether or requirements of Paragraph II(A). Date, and includes (1) WTBS, (2) any not satellite-delivered, that is owned, (C) TCI, LMC, and The Separate such Video Programming Service and Controlled by, or Affiliated with TWE, Company shall ensure that: WTBS that is transferred after the and includes (1) any such Video (1) The Separate Company’s by-laws Closing Date to another part of Time Programming Service transferred after obligate The Separate Company to be Warner (including TWE), and (3) any the Closing Date to another part of Time bound by this order and contain Video Programming Service created Warner and (2) any Video Programming provisions ensuring compliance with after the Closing Date that Time Warner Service created after the Closing Date this order; owns or Controls that is not owned or that TWE owns or Controls, or is (2) The Separate Company’s board of Controlled by TWE, for so long as the Affiliated with, for so long as the Video directors at the time of the Distribution Video Programming Service remains Programming Service remains owned, are subject to the prior approval of the owned or Controlled by Time Warner. Controlled by, or Affiliated with TWE. Commission; (PP) ‘‘Turner-Affiliated Video (VV) ‘‘Unaffiliated MVPD’’ means an (3) The Separate Company shall, Programming Services’’ means each MVPD which is not owned, Controlled within six (6) months of the Video Programming Service, whether or by, or Affiliated with Time Warner. Distribution, call a shareholder’s not satellite-delivered, that is owned, (WW) ‘‘United States’’ means the fifty meeting for the purpose of electing Controlled by, or Affiliated with Turner states, the District of Columbia, and all directors; on the Closing Date, and includes (1) territories, dependencies, or possessions (4) No member of the board of WTBS, (2) any such Video Programming of the United States of America. directors of The Separate Company, Service and WTBS that is transferred (XX) ‘‘Video Programming Service’’ both at the time of the Distribution and after the Closing Date to another part of means a satellite-delivered video pursuant to any election now or at any Time Warner (including TWE), and (3) programming service that is offered, time in the future, shall, at the time of any Video Programming Service created alone or with other services, to MVPDs his or her election or while serving as Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50305 a director of The Separate Company, be Shareholders may communicate with an TCI Control Shareholders reduce their an officer, director, or employee of TCI officer, director or employee of The collective holdings in The Separate or LMC or shall hold, or have under his Separate Company when the subject is Company to no more than one-tenth of or her direction or Control, greater than one of the issues listed in subparagraph one percent (0.1%) of the voting power one-tenth of one percent (0.1%) of the 6 on which TCI Control Shareholders of The Separate Company and one-tenth voting power of TCI and one-tenth of are permitted to vote, except that, when of one percent (0.1%) of the Ownership one percent (0.1%) of the Ownership a TCI Control Shareholder seeks to Interest in The Separate Company or Interest in TCI or greater than one-tenth initiate action on a subject listed in reduce their collective holdings in both of one percent (0.1%) of the voting subparagraph 6 on which the TCI TCI and LMC to no more than one-tenth power of LMC and one-tenth of one Control Shareholders are permitted to of one percent (0.1%) of the voting percent (0.1%) of the Ownership vote, the initial proposal for such action power of TCI and one-tenth of one Interest in LMC; shall be made in writing. Provided percent (0.1%) of the Ownership (5) No officer, director or employee of further, that this provision does not Interest in TCI and one-tenth of one TCI or LMC shall concurrently serve as apply to communications by TCI or percent (0.1%) of the voting power of an officer or employee of The Separate LMC employees who are not TCI LMC and one-tenth of one percent Company. Provided further, that TCI or Control Shareholders or directors or (0.1%) of the Ownership Interest in LMC employees who are not TCI officers of either Tele-Communications, LMC, The Separate Company’s Time Control Shareholders or directors or Inc. or Liberty Media Corporation in the Warner stock may be converted into officers of either Tele-Communications, context of providing to The Separate voting stock of Time Warner. Inc. or Liberty Media Corporation may Company services contemplated by the (D) TCI and LMC shall use their best provide to The Separate Company attached Transition Services Agreement efforts to obtain a private letter ruling services contemplated by the attached or to communications relating to the from the Internal Revenue Service to the Transition Services Agreement; possible purchase of services from TCI’s effect that the Distribution will be (6) The TCI Control Shareholders and LMC’s Turner-Related Businesses; generally tax-free to both the Liberty shall promptly exchange the shares of (10) The Separate Company shall not Tracking Stock holders and to TCI stock received by them in the acquire or hold greater than 14.99% of under Section 355 of the Internal Distribution for shares of one or more the Fully Diluted Equity of Time Revenue Code of 1986, as amended classes or series of convertible preferred Warner. Provided, however, that, if the (‘‘IRS Ruling’’). Upon receipt of the IRS stock of The Separate Company that TCI Control Shareholders reduce their Ruling, TCI and LMC shall have thirty shall be entitled to vote only on the collective holdings in The Separate (30) days (excluding time needed to following issues on which a vote of the Company to no more than one-tenth of comply with the requirements of any shareholders of The Separate Company one percent (0.1%) of the voting power federal securities and communications is required: a proposed merger; of The Separate Company and one-tenth laws and regulations, provided that TCI consolidation or stock exchange of one percent (0.1%) of the Ownership and LMC shall use their best efforts to involving The Separate Company; the Interest in The Separate Company or comply with all such laws and sale, lease, exchange or other reduce their collective holdings in TCI regulations) to carry out the disposition of all or substantially all of and LMC to no more than one-tenth of requirements of Paragraph II (A) and (B). The Separate Company’s assets; the one percent (0.1%) of the voting power Pending the IRS Ruling, or in the event dissolution or winding up of The of TCI and one-tenth of one percent that TCI and LMC are unable to obtain Separate Company; proposed (0.1%) of the Ownership Interest in TCI the IRS Ruling, amendments to the corporate charter or and one-tenth of one percent (0.1%) of (1) TCI, LMC, Bob Magness and John bylaws of The Separate Company; the voting power of LMC and one-tenth C. Malone, collectively or individually, proposed changes in the terms of such of one percent (0.1%) of the Ownership shall not acquire or hold, directly or classes or series; or any other matters on Interest in LMC, then The Separate indirectly, an Ownership Interest that is which their vote is required as a matter Company shall not be prohibited by this more than the lesser of 9.2% of the of law (except that, for such other order from increasing its holding of Fully Diluted Equity of Time Warner or matters, The Separate Company and the Time Warner stock beyond that figure; 12.4% of the actual issued and TCI Control Shareholders shall ensure and outstanding common stock of Time that the TCI Control Shareholders’ votes (11) The Separate Company shall not Warner, as determined by generally are apportioned in the exact ratio as the acquire or hold, directly or indirectly, accepted accounting principles. votes of the rest of the shareholders); any Ownership Interest in Time Warner Provided, however, that day-to-day (7) No vote on any of the proposals that is entitled to exercise voting power market price changes that cause any listed in subparagraph (6) shall be except (a) a vote of one-one hundredth such holding to exceed the latter successful unless a majority of (1⁄100) of a vote per share owned, voting threshold shall not be deemed to cause shareholders other than the TCI Control with the outstanding common stock, the parties to be in violation of this Shareholders vote in favor of such with respect to the election of directors subparagraph; and proposal; and (b) with respect to proposed (2) TCI, LMC and the TCI Control (8) After the Distribution, the TCI changes in the charter of Time Warner Shareholders shall not acquire or hold Control Shareholders shall not seek to Inc. or of the instrument creating such any Ownership Interest in Time Warner influence, or attempt to control by proxy securities that would (i) adversely that is entitled to exercise voting power or otherwise, any other Person’s vote of change any of the terms of such except (a) a vote of one-one hundredth The Separate Company stock; securities or (ii) adversely affect the (1⁄100) of a vote per share owned, voting (9) After the Distribution, no officer, rights, power, or preferences of such with the outstanding common stock, director or employee of TCI or LMC, or securities. Provided, however, that any with respect to the election of directors any of the TCI Control Shareholders portion of The Separate Company’s and (b) with respect to proposed shall communicate, directly or stock in Time Warner that is sold to an changes in the charter of Time Warner indirectly, with any officer, director, or Independent Third Party may be Inc. or of the instrument creating such employee of The Separate Company. converted into voting stock of Time securities that would (i) adversely Provided, however, that the TCI Control Warner. Provided, further, that, if the change any of the terms of such 50306 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices securities or (ii) adversely affect the V provide, or retaliate against such a rights, power, or preferences of such It is further ordered that Vendor for failing to provide exclusive securities. Provided, however, that any Time Warner shall not, expressly or rights against any other MVPD as a portion of TCI’s and LMC’s Interest in impliedly: condition for carriage on one or more Time Warner that is sold to an (A) refuse to make available or Time Warner CATVs. (C) Time Warner shall not engage in Independent Third Party may be condition the availability of HBO to any conduct the effect of which is to converted into voting stock of Time MVPD on whether that MVPD or any unreasonably restrain the ability of a Warner. other MVPD agrees to carry any Turner- In the event that TCI and LMC are Non-Time Warner National Video Affiliated Video Programming Service; unable to obtain the IRS Ruling, TCI and Programming Vendor to compete fairly (B) condition any Carriage Terms for LMC shall be relieved of the obligations by discriminating in video programming HBO to any MVPD on whether that set forth in subparagraphs (A), (B) and distribution on the basis of affiliation or MVPD or any other MVPD agrees to (C). nonaffiliation of Vendors in the carry any Turner-Affiliated Video selection, terms, or conditions for III Programming Service; carriage of video programming provided (C) refuse to make available or It is further ordered that by such Vendors. After the Distribution, TCI, LMC, Bob condition the availability of each of Magness and John C. Malone, CNN, WTBS, or TNT to any MVPD on VIII collectively or individually, shall not whether that MVPD or any other MVPD It is further ordered that acquire or hold, directly or indirectly, agrees to carry any TWE-Affiliated (A) Time Warner shall collect the any voting power of, or other Video Programming Service; or following information, on a quarterly Ownership Interest in, Time Warner (D) condition any Carriage Terms for basis: that is more than the lesser of 1% of the each of CNN, WTBS, or TNT to any (1) for any and all offers made to Time Fully Diluted Equity of Time Warner or MVPD on whether that MVPD or any Warner’s corporate office by a Non-Time 1.35% of the actual issued and other MVPD agrees to carry any TWE- Warner National Video Programming outstanding common stock of Time Affiliated Video Programming Service. Vendor to enter into or to modify any Warner, as determined by generally VI Programming Service Agreement for accepted accounting principles carriage on an Time Warner CATV, in (provided, however, that such interest It is further ordered that that quarter: shall not vote except as provided in (A) For subscribers that a Competing (a) the identity of the National Video Paragraph II(D)(2)), without the prior MVPD services in the Service Area Programming Vendor; approval of the Commission. Provided, Overlap, Time Warner shall provide, (b) a description of the type of further, that day-to-day market price upon request, any Turner Video programming; changes that cause any such holding to Programming Service to that Competing (c) any and all Carriage Terms as exceed the latter threshold shall not be MVPD at Carriage Terms no less finally agreed to or, when there is no deemed to cause the parties to be in favorable, relative to the Carriage Terms final agreement but the Vendor’s initial violation of this Paragraph. then offered by Time Warner for that offer is more than three months old, the Service to the three MVPDs with the last offer of each side; IV greatest number of subscribers, than the (d) any and all commitment(s) to a It is further ordered that Carriage Terms offered by Turner to roll-out schedule, if applicable, as (A) For six months after the Closing Similarly Situated MVPDs relative to finally agreed to or, when there is no Date, TCI and Time Warner shall not the Carriage Terms offered by Turner to final agreement but the Vendor’s initial enter into any new Programming the three MVPDs with the greatest offer is more than three months old, the Service Agreement that requires carriage number of subscribers for that Service last offer of each side; of any Turner Video Programming on July 30, 1996. For Turner Video (e) a copy of any and all Programming Service on any analog Tier of TCI’s Programming Services not in existence Service Agreement(s) as finally agreed CATVs. on July 30, 1996, the pre-Closing Date to or, when there is no final agreement (B) Any Programming Service comparison will be to relative Carriage but the Vendor’s initial offer is more Agreement entered into thereafter that Terms offered with respect to any than three months old, the last offer of requires carriage of any Turner Video Turner Video Programming Service each side; and Programming Service on TCI’s CATVs existing as of July 30, 1996. (2) on an annual basis for each on an analog Tier shall be limited in (B) Time Warner shall be in violation National Video Programming Service on effective duration to five (5) years, of this Paragraph if the Carriage Terms Time Warner CATVs, the actual carriage except that such agreements may give it offers to the Competing MVPD for rates on Time Warner CATVs and TCI the unilateral right(s) to renew such those subscribers outside the Service (a) the average carriage rates on all agreements for one or more five-year Area Overlap are set at a higher level Non-Time Warner CATVs for each periods. compared to Similarly Situated MVPDs National Video Programming Service (C) Notwithstanding the foregoing, so as to avoid the restrictions set forth that has publicly-available information Time Warner, Turner and TCI may enter in subparagraph (A). from which Penetration Rates can be into, prior to the Closing Date, derived; and agreements that require carriage on an VII (b) the carriage rates on each of the analog Tier by TCI for no more than five It is further ordered that fifty (50) largest (in total number of years for each of WTBS (with the five (A) Time Warner shall not require a subscribers) Non-Time Warner CATVs year period to commence at the time of financial interest in any National Video for each National Video Programming WTBS’ conversion to Converted WTBS) Programming Service as a condition for Service that has publicly-available and Headline News, and such carriage on one or more Time Warner information from which Penetration agreements may give TCI the unilateral CATVs. Rates can be derived. right(s) to renew such agreements for (B) Time Warner shall not coerce any (B) The information collected one or more five-year periods. National Video Programming Vendor to pursuant to subparagraph (A) shall be Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50307 provided to each member of TWE’s (c) By July 30, 2001, so that it is other times as the Commission may Management Committee on the last day available to 50% of the Total require, respondents shall file jointly or of March, June, September and Subscribers of all Time Warner CATVs individually a verified written report or December of each year. Provided, at that time. reports with the Commission setting however, that, in the event TWE’s (C) If, for any reason, the Independent forth in detail the manner and form in Management Committee ceases to exist, Advertising-Supported News and which they have complied and are the disclosures required in this Information National Video complying with each Paragraph of this Paragraph shall be made to any and all Programming Service chosen by Time order. Warner ceases operating or is in partners in TWE; or, if there are no XI partners in TWE, then the disclosures material breach of its Programming required in this Paragraph shall be made Service Agreement with Time Warner at It is further ordered that respondents to the Audit Committee of Time Warner. any time before July 30, 2001, Time shall notify the Commission at least (C) The General Counsel within TWE Warner shall, within six months of the thirty (30) days prior to any proposed who is responsible for CATV shall date that such Service ceased operation change in respondents (other than this annually certify to the Commission that or the date of termination of the Acquisition) such as dissolution, it believes that Time Warner is in Agreement because of the material assignment, sale resulting in the compliance with Paragraph VII of this breach, enter into a replacement emergence of a successor corporation, or order. Programming Service Agreement with a the creation or dissolution of (D) Time Warner shall retain all of the replacement Independent Advertising- subsidiaries or any other change in the information collected as required by Supported News and Information corporation that may affect compliance subparagraph (A), including information National Video Programming Service so obligations arising out of the order. on when and to whom such information that replacement Service is available XII was communicated as required herein pursuant to subparagraph (B) within in subparagraph (B), for a period of five three months of the execution of the It is further ordered that, for the (5) years. replacement Programming Service purpose of determining or securing Agreement, unless the Commission compliance with this order, and subject IX determines, upon a showing by Time to any legally recognized privilege, It is further ordered that Warner, that none of the Carriage Terms upon written request, respondents shall (A) By February 1, 1997, Time Warner offered are commercially reasonable. permit any duly authorized shall execute a Programming Service Such replacement Service shall have, representative of the Commission: Agreement with at least one six months after the date the first 1. Access, during regular business Independent Advertising-Supported Service ceased operation or the date of hours upon reasonable notice and in the News and Information National Video termination of the first Agreement presence of counsel for respondents, to Programming Service, unless the because of the material breach, inspect and copy all books, ledgers, Commission determines, upon a contractual commitments to supply its accounts, correspondence, memoranda showing by Time Warner, that none of Service to at least 10 million subscribers and other records and documents in the the offers of Carriage Terms are on Unaffiliated MVPDs, or, together possession or under the control of commercially reasonable. with the contractual commitments it respondents relating to any matters (B) If all the requirements of either will obtain from Time Warner, total contained in this order; and subparagraph (A) or (C) are met, Time contractual commitments to supply its 2. Upon five days’ notice to Warner shall carry an Independent Service to 15 million subscribers; if no respondents and without restraint or Advertising-Supported News and such Service has such contractual interference from it, to interview Information Video Programming Service commitments, then Time Warner may officers, directors, or employees of on Time Warner CATVs at Penetration choose from among the two Services respondents, who may have counsel Rates no less than the following: with contractual commitments with present, regarding such matters. (1) If the Service is carried on Time Unaffiliated MVPDs for the largest XIII Warner CATVs as of July 30, 1996, Time number of subscribers. It is further ordered that this order Warner must make the Service X shall terminate ten (10) years from the available: (a) By July 30, 1997, so that it is It is further ordered that: date this order becomes final. available to 30% of the Total (A) Within sixty (60) days after the Appendix I date this order becomes final and every Subscribers of all Time Warner CATVs Interim Agreement at that time; and sixty (60) days thereafter until (b) By July 30, 1999, so that it is respondents have fully complied with This Interim Agreement is by and available to 50% of the Total the provisions of Paragraphs IV(A) and between Time Warner Inc. (‘‘Time Subscribers of all Time Warner CATVs IX(A) of this order and, with respect to Warner’’), a corporation organized, at that time. Paragraph II, until the Distribution, existing, and doing business under and (2) If the Service is not carried on respondents shall submit jointly or by virtue of the law of the State of Time Warner CATVs as of July 30, 1996, individually to the Commission a Delaware, with its office and principal Time Warner must make the Service verified written report or reports setting place of business at New York, New available: forth in detail the manner and form in York; Turner Broadcasting System, Inc. (a) By July 30, 1997, so that it is which they intend to comply, are (‘‘Turner’’), a corporation organized, available to 10% of the Total complying, and have complied with existing, and doing business under and Subscribers of all Time Warner CATVs Paragraphs II, IV(A) and IX(A) of this by virtue of the law of the State of at that time; order. Georgia with its office and principal (b) By July 30, 1999, so that it is (B) One year (1) from the date this place of business at Atlanta, Georgia; available to 30% of the Total order becomes final, annually for the Tele-Communications, Inc. (‘‘TCI’’), a Subscribers of all Time Warner CATVs next nine (9) years on the anniversary of corporation organized, existing, and at that time; and the date this order becomes final, and at doing business under and by virtue of 50308 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices the law of the State of Delaware, with alia, to forego entering into certain new 2. On or before the Closing Date, Time its office and principal place of business programming service agreements for a Warner, Turner and TCI shall cancel the located at Englewood, Colorado; Liberty period of six months from the date that Two Programming Service Agreements. Media Corp. (‘‘LMC’’), a corporation the parties close this Acquisition 3. This Agreement shall be binding organized, existing and doing business (‘‘Closing Date’’), but, in order to when approved by the Commission. under and by virtue of the law of the comply more fully with that Analysis of Proposed Consent Order to State of Delaware, with its office and requirement, they must cancel now the Aid Public Comment principal place of business located at two agreements that were negotiated as Englewood, Colorado; and the Federal part of this Acquisition: namely, (1) the I. Introduction Trade Commission (‘‘Commission’’), an September 15, 1995, program service The Federal Trade Commission has independent agency of the United States agreement between TCI’s subsidiary, accepted for public comment from Time Government, established under the Satellite Services, Inc. (‘‘SSI’’), and Warner Inc. (‘‘Time Warner’’), Turner Federal Trade Commission Act of 1914, Turner and (2) the September 14, 1995, Broadcasting System, Inc. (‘‘Turner’’), 15 U.S.C. 41 et seq. cable carriage agreement between SSI Tele-Communications, Inc. (‘‘TCI’’), and Whereas Time Warner entered into an and Time Warner for WTBS (hereafter Liberty Media Corporation (‘‘LMC’’) agreement with Turner for Time Warner ‘‘Two Programming Service (collectively ‘‘the proposed to acquire the outstanding voting Agreements’’); respondents’’) an Agreement Containing securities of Turner, and TCI and LMC Whereas if the Commission accepts Consent Order (‘‘the proposed consent proposed to acquire stock in Time the attached Consent Order, the order’’). The Commission has also Warner (hereinafter ‘‘the Acquisition’’); Commission is required to place the entered into an Interim Agreement that Whereas the Commission is Consent Order on the public record for requires the proposed respondents to investigating the Acquisition to a period of at least sixty (60) days and take specific action during the public determine whether it would violate any may subsequently withdraw such comment period. statute enforced by the Commission; acceptance pursuant to the provisions of The proposed consent order is Whereas TCI and LMC are willing to Rule 2.34 of the Commission’s Rules of designed to remedy likely antitrust enter into an Agreement Containing Practice and Procedure, 16 C.F.R. 2.34; effects arising from Time Warner’s Consent Order (hereafter ‘‘Consent acquisition of Turner as well as related Order’’) requiring them, inter alia, to Whereas the Commission is concerned that if the parties do not, transactions, including TCI’s proposed divest TCI’s and LMC’s Interest in Time ownership interest in Time Warner and Warner and TCI’s and LMC’s Turner- before this order is made final, apply to the IRS for the IRS Ruling and cancel long-term cable television programming Related Businesses, by contributing service agreements between Time those interests to a separate corporation, the Two Programming Service Agreements, compliance with the Warner and TCI for post-acquisition The Separate Company, the stock of carriage by TCI of Turner programming. which will be distributed to the holders operative provisions of the Consent of Liberty Tracking Stock (‘‘the Order might not be possible or might II. Description of the Parties, the Distribution’’), but, in order to fulfill produce a less than effective remedy; Acquisition and Related Transactions Whereas Time Warner, Turner, TCI, paragraph II(D) of that Consent Order, Time Warner is a leading provider of and LMC’s entering into this Agreement TCI and LMC must apply now to receive cable networks and a leading distributor shall in no way be construed as an an Internal Revenue Service ruling as to of cable television. Time Warner admission by them that the Acquisition whether the Distribution will be Entertainment (‘‘TWE’’), a partnership is illegal; generally tax-free to both the Liberty in which Time Warner holds the Whereas Time Warner, Turner, TCI, Tracking Stock holders and to TCI majority interest, owns HBO and under Section 355 of the Internal and LMC understand that no act or Cinemax, two premium cable networks. Revenue Code of 1986, as amended transaction contemplated by this Time Warner and Time Warner Cable, a (‘‘IRS Ruling’’); Agreement shall be deemed immune or subsidiary of TWE, are collectively the Whereas ‘‘TCI’s and LMC’s Interest in exempt from the provisions of the nation’s second largest distributor of Time Warner‘‘ means all of the antitrust laws or the Federal Trade cable television and serve economic interest in Time Warner to be Commission Act by reason of anything approximately 11.5 million cable acquired by TCI and LMC, including the contained in this Agreement; subscribers or approximately 17 percent right of first refusal with respect to Time Now, therefore, upon understanding of U.S. cable television households. Warner stock to be held by R. E. Turner, that the Commission has not yet Turner is a leading provider of cable III, pursuant to the Shareholders determined whether the Acquisition networks. Turner owns the following Agreement dated September 22, 1995 will be challenged, and in consideration ‘‘marquee’’ or ‘‘crown jewel’’ cable with LMC or any successor agreement; of the Commission’s agreement that, networks: Cable News Network Whereas ‘‘TCI’s and LMC’s Turner- unless the Commission determines to (‘‘CNN’’), Turner Network Television Related Businesses’’ means the reject the Consent Order, it will not seek (‘‘TNT’’), and TBS SuperStation businesses conducted by Southern further relief from Time Warner, Turner, (referred to as ‘‘WTBS’’). Turner also Satellite Systems, Inc., a subsidiary of TCI, and LMC with respect to the owns Headline News (‘‘HLN’’), Cartoon TCI which is principally in the business Acquisition, except that the Network, Turner Classic Movies, CNN of distributing WTBS to MVPDs; Commission may exercise any and all International USA and CNN Financial Whereas ‘‘Liberty Tracking Stock’’ rights to enforce this Agreement and the Network. means Tele-Communications, Inc. Consent Order to which this Agreement TCI is the nation’s largest operator of Series A Liberty Media Group Common is annexed and made a part thereof, the cable television systems, serving Stock and Tele-Communications, Inc. parties agree as follows: approximately 27 percent of all U.S. Series B Liberty Media Group Common 1. Within thirty (30) days of the date cable television households. LMC, a Stock; the Commission accepts the attached subsidiary of TCI, is a leading provider Whereas Time Warner, Turner, TCI, Consent Order for public comment, TCI of cable programming. TCI also owns and LMC are willing to enter into a and LMC shall apply to the IRS for the interests in a large number of cable Consent Order requiring them, inter IRS Ruling. networks. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50309

In September 1995, Time Warner and concurrent long term contractual obtain from Time Warner in exchange Turner entered into an agreement for obligations to carry Turner for their 24 percent ownership interest Time Warner to acquire the programming would undermine TCI’s in Turner—to a different company approximately 80 percent of the incentive to sign up better or less (‘‘The Separate Company’’) that will be outstanding shares in Turner that it does expensive non-Time Warner spun off by TCI and LMC. The stock of not already own. TCI and LMC have an programming, preventing rivals to the The Separate Company would be approximately 24 percent existing combined Time Warner and Turner distributed to all of the shareholders of interest in Turner. By trading their from achieving sufficient distribution to TCI’s LMC subsidiary. Because that interest in Turner for an interest in Time realize economies of scale and thereby stock would be freely tradeable on an Warner, TCI and LMC would acquire to erode Time Warner’s market power; exchange, the ownership of The approximately a 7.5 percent interest in that barriers to entry into programming Separate Company would diverge over the fully diluted equity of Time Warner and into downstream retail distribution time from the ownership of the Liberty as well as the right of first refusal on the markets would be raised; and that Media Tracking Stock (and would, at approximately 7.4 percent interest in substantial increases in wholesale the outset, be different from the Time Warner that R. E. Turner, III, programming costs for both cable ownership of TCI). TCI would therefore chairman of Turner, would receive as a systems and alternative service breach its fiduciary duty to its result of this acquisition. Although providers—including direct broadcast shareholders if it forestalled Time Warner has a ‘poison pill’ that satellite service and other forms of non- programming entry that could benefit would prevent TCI from acquiring more cable distribution—would lead to higher TCI as a cable system operator in order than a certain amount of stock without service prices and fewer entertainment to benefit Time Warner’s interests as a triggering adverse consequences, that and information sources for consumers. programmer. poison pill would still allow TCI to The Commission has reason to believe In addition to the divestiture acquire approximately 15 percent of the that the acquisition and related provisions ensuring that TCI will have Fully Diluted Equity, and if the poison transactions, if successful, may have no incentive to forgo its own best pill were to be altered or waived, TCI anticompetitive effects and be in interests in order to favor those of Time could acquire more than 15 percent of violation of Section 7 of the Clayton Act Warner, the proposed consent order the fully diluted equity of Time Warner. and Section 5 of the Federal Trade contains provisions to ensure that the Also in September 1995, Time Warner Commission Act. transaction will not leave TCI or its management in a position to influence entered into two long-term mandatory IV. Terms of the Proposed Consent Time Warner to alter its own conduct in carriage agreements referred to as the Order Programming Service Agreements order to benefit TCI’s interests. Absent (PSAs). Under the terms of these PSAs, The proposed consent order would restrictions in the consent order, the TCI TCI would be required, on virtually all resolve the alleged antitrust concerns by Control Shareholders (John C. Malone, of its cable television systems, to carry breaking down the entry barriers that Bob Magness, and Kearns-Tribune CNN, HLN, TNT and WTBS for a would otherwise be erected by the Corporation) would have a controlling twenty-year period. transaction. It would do so by: (1) share of the voting power of The Requiring TCI to divest all of its Separate Company. To prevent those III. The Complaint ownership interests in Time Warner or, shareholders from having significant The draft complaint accompanying in the alternative, capping TCI’s influence over Time Warner’s conduct, the proposed consent order and the ownership of Time Warner stock and the proposed consent order contains the Interim Agreement alleges that the denying TCI and its controlling following provisions that will wall off acquisition, along with related shareholders the right to vote any such the TCI Control Shareholders from transactions, would allow Time Warner Time Warner stock; (2) canceling the influencing the officers, directors, and unilaterally to raise the prices of cable PSAs; (3) prohibiting Time Warner from employees of The Separate Company television programming and would limit bundling Time Warner’s HBO with any and its day-to-day operations: the ability of cable television systems Turner networks and prohibiting the • The Commission must approve the that buy such programming to take bundling of Turner’s CNN, TNT, and initial board of directors of The Separate responsive action to avoid such price WTBS with any Time Warner networks; Company; increases. It would do so, according to (4) prohibiting Time Warner from • Within six months of the the draft complaint, both through discriminating against rival distribution of The Separate Company’s horizontal combination in the market Multichannel Video Programming stock, the stockholders (excluding the for cable programming (in which Time Distributors (‘‘MVPDs’’) in the provision TCI Control Shareholders) of The Warner, after the acquisition, would of Turner programming; (5) prohibiting Separate Company must elect new control about 40% of the market) and Time Warner from foreclosing rival directors; through higher entry barriers into that programmers from access to Time • Members of the board of directors of market as a result of the vertical Warner’s distribution; and (6) requiring The Separate Company are prohibited integration (by merger and contract) Time Warner to carry a 24-hour all news from serving as officers, directors, or between Turner’s programming interests channel that would compete with employees of TCI or LMC, or holding or and Time Warner’s and TCI’s cable Turner’s CNN. The following sections controlling greater than one-tenth of one distribution interests. The complaint discuss the primary provisions of the percent (0.1%) of the ownership in or alleges that TCI and Time Warner, proposed consent order in more detail. voting power of TCI or LMC; respectively, operate the first and A. TCI Will Divest Its Interest in Time • Officers, directors or employees of second largest cable television systems Warner or Accept a Capped Nonvoting TCI or LMC are prohibited from in the United States, reaching nearly Interest. The divestiture provision of the concurrently serving as officers, half of all cable households; that Time proposed consent order (Paragraph II) directors, or employees of The Separate Warner would gain the power to raise requires TCI and LMC to divest their Company, with a narrow exception so prices on its own and on Turner’s collective ownership of approximately that TCI or LMC employees may provide programming unilaterally; that TCI’s 7.5 percent of the fully diluted shares in limited operational services to The ownership interest in Time Warner and Time Warner - the amount they will Separate Company; 50310 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

• The TCI Control Shareholders are LMC’s ability to influence the on an analog tier for Turner prohibited from voting (other than a de operations of Time Warner. programming.1 This cooling off period minimis voting share necessary for tax The proposed consent order also will ensure that such agreements are purposes) any stock of The Separate requires TCI and LMC to apply to the negotiated at arm’s length. Thereafter, Company to elect the board of directors Internal Revenue Service (‘‘IRS’’) for a the parties cannot enter into any or on other matters. There are limited ruling that the divestiture of TCI’s and agreement that would secure Time exceptions for voting on major issues LMC’s interest in Time Warner to The Warner guaranteed mandatory carriage such as a proposed merger or sale of The Separate Company would be generally rights on TCI analog channel capacity Separate Company, the disposition of all tax-free. Upon receipt of the IRS Ruling, for more than five-year periods. This or substantially all of The Separate TCI and LMC has thirty days to transfer restriction would not prevent TCI from Company’s assets, the dissolution of its Time Warner stock to The Separate having renewal options to extend for The Separate Company, or proposed Company. After TCI and LMC divest additional five-year periods, but would changes in the corporate charter or this interest in Time Warner to The prohibit Time Warner from obligating bylaw of The Separate Company. Separate Company, TCI, LMC, Magness TCI to carry a Time Warner channel for However, no vote on any of these and Malone are prohibited from more than five years. The only excepted issues would be successful acquiring any stock in Time Warner, exceptions to the cooling off period for unless a majority of shareholders other above a collective de minimis nonvoting Time Warner/TCI carriage agreements than the TCI Control Shareholders vote amount, without the prior approval of would relate to WTBS and HLN on in favor of such proposal; the Commission. which there are no existing contracts. • The TCI Control Shareholders are Pending the ruling by the IRS, or in Any such carriage agreements for those prohibited from seeking to influence, or the event that the TCI and LMC are services would also be limited to five attempting to control by proxy or unable to obtain such an IRS ruling, (1) years. otherwise, any other person’s vote of TCI, LMC, John C. Malone and Bob In requiring the cancellation of the The Separate Company’s stock; Magness, collectively and individually, PSAs and prescribing shorter renewal are capped at level no more than the • Officers, directors, and employees option periods, the Commission has not lesser of 9.2 percent of the fully diluted of TCI or LMC, or any of the TCI Control concluded that any such long-term equity of Time Warner or 12.4% of the Shareholders are prohibited from programming agreements are actual issued and outstanding common communicating with any officer, anticompetitive in and of themselves or stock of Time Warner, as determined by director, or employee of The Separate would violate the antitrust laws generally accepted accounting Company except on the limited matters standing alone. Rather, the Commission principles; and (2) TCI, LMC and the on which they are permitted to vote. has concluded that the PSAs are TCI Control Shareholders’ interest in Further restrictions require that, in anticompetitive in the context of the Time Warner must be nonvoting (other entire transaction arising from the order for a TCI Control Shareholder to than a de minimis voting share seek to initiate action on an issue on merger and ownership of Time Warner necessary for tax purposes), unless the stock by TCI and in light of those two which they are entitled to vote, they interest is sold to an Independent Third must do so in writing; companies’ significant market shares in • Party. This nonvoting cap is designed to both programming and cable service. The Separate Company is restore TCI’s otherwise diminished prohibited from acquiring more than The divestiture and rescission incentives to carry cable programming requirements would therefore sever 14.99% of the fully diluted equity that would compete with Time Warner’s shares of Time Warner, with exceptions complementary ownership and long- cable programming as well as to prevent term contractual links between TCI and in the event that the TCI Control TCI from seeking to influence Time Shareholders sell their stock in The Time Warner. This would restore Warner’s competitive behavior. incentives for TCI, a cable operator Separate Company or in TCI and LMC; B. TCI’s Long-Term Carriage and serving nearly a third of the nation’s Agreement With Turner Is Canceled. As cable households, to place non-Time • The Separate Company is part of the transaction, Time Warner prohibited from voting its shares (other Warner programming on its cable and TCI entered into PSAs that required systems, in effect disciplining any than a de minimis voting share TCI to carry Turner programming for the necessary for tax purposes) in Time market power resulting from a next twenty years, at a price set at the combination of Time Warner and Warner, except that such shares can lesser of 85% of the industry average become voting if The Separate Company Turner programming. price or the lowest price given to any C. Time Warner is Barred From sells them to an Independent Third distributor. According to the complaint, Bundling HBO with any Turner Party or in the event that the TCI the PSAs would tend to prevent Time Programming and CNN, TNT and WTBS Control Shareholders sell their stock in Warner’s rivals from achieving with Time Warner Programming. The Separate Company or in TCI and sufficient distribution to threaten Time Paragraph V bars Time Warner from LMC. Warner’s market power by locking up bundling HBO with Turner channels— The Commission has reason to believe scarce TCI channel space for an that is, making HBO available, or that the divestiture of TCI’s and LMC’s extended period of time. By negotiating available on more favorable terms, only interest in Time Warner to The Separate this arrangement as part of the Turner if the purchaser agrees to take the acquisition, and not at arms length, Company is in the public interest. The Turner channels. Time Warner is also Time Warner was able to compensate required divestiture of the Time Warner barred from bundling CNN, TNT, or stock by TCI and LMC and the ancillary TCI for helping to achieve this result. restrictions outlined above are Under the Interim Agreement, TCI and 1Analog technology is currently used for cable beneficial to consumers because (1) they Time Warner are obligated to cancel the programming distribution and places significant would restore TCI’s otherwise PSAs. Following cancellation of the limitations on the addition of new channels. Digital diminished incentives to carry cable PSAs, there would be a six month technology, which is still in its infancy and not currently a competitive factor in video distribution, programming that would compete with ‘‘cooling off’’ period during which Time has the potential to expand capacity sixfold, Time Warner’s cable programming; and Warner and TCI could not enter into thereby substantially alleviating capacity (2) they would eliminate TCI’s and new mandatory carriage requirements constraints on the digital tier. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50311

WTBS with Time Warner channels. This Warner as a programmer to Time wholly owned programming interests, it provision applies to new programming Warner’s cable systems is, to some would have strong incentives to alert as well as existing programming. This extent, an internal transfer price, the the Commission to actions by Time provision is designed to address proposed consent order uses as a Warner that favored Time Warner’s concerns that the easiest way the benchmark the price charged to the wholly owned programming interests at combined firm could exert substantially three largest cable system operators the expense of Time Warner cable greater negotiating leverage over cable nationwide rather than the price systems’ profitability. Such information operators is by combining all or some of charged to Time Warner. This provision, would also be available for inspection such ‘‘marquee’’ services and offering therefore, compares the price charged to independently by the Commission. them as a package or offering them Time Warner’s competitors in the Furthermore, Time Warner’s General along with unwanted programming. overlap areas with the price charged to Counsel responsible for cable systems is Because the focus of the provision is on the three largest cable system operators, required to certify annually to the seeking to prevent the additional market and asks whether the spread between Commission its compliance with the power arising from this combination of the two is any greater than the pre- substantive prohibitions in Paragraph programming, this provision does not merger spread between a similarly VII. prevent bundling engaged in pre- situated MVPD and the three largest F. Time Warner Cable Agrees to Carry merger—that is, Turner channels with cable system operators. It thus focuses CNN Rival. Of the types of programming Turner channels and pre- merger Time on the greater possibility for price in which the post-merger Time Warner Warner channels with Time Warner discrimination against new MVPD will have a leading position, the one channels. Rather, it is narrowly targeted entrants arising directly as a result of with the fewest existing close at Time Warner’s use of its newly- this merger. It both ensures that Time substitutes is the all-news segment, in acquired stable of ‘‘marquee’’ channels Warner’s additional market power as a which CNN is by far the most significant to raise prices by bundling. result of this merger does not result in player. There are actual or potential The Commission emphasizes that, in higher prices to new MVPD entrants, entrants that could in the future erode general, bundling often benefits while it narrowly protects only those CNN’s market power, but their ability to customers by giving firms an incentive new entrants that Time Warner may do so is partly dependent on their to increase output and serve buyers who have an incentive to harm. ability to secure widespread would otherwise not obtain the product E. Conduct and Reporting distribution. Without access to Time or service. The Commission, however, believes that, in the context of this Requirements Designed to Ensure that Warner’s extensive cable holdings, such transaction, the limited bar on bundling Time Warner Cable Does Not new entry may not be successful. Time is a prudent measure that will prevent Discriminatorily Deny Carriage to Warner’s acquisition of CNN gives it actions by Time Warner that are likely Unaffiliated Programmers. The order both the ability and incentive to make to harm competition. has two main provisions designed to entry of competing news services more D. Time Warner is Barred from Price address concerns that this combination difficult, by denying them access to its Discrimination Against Rival MVPDs. increases Time Warner’s incentives to extensive distribution system. To Paragraph VI is designed to prevent disadvantage unaffiliated programmers remedy this potential anticompetitive Time Warner from using its larger stable in making carriage decisions for its own effect, Time Warner would be required of programming interests to cable company. Paragraph VII, drawn to place a news channel on certain of its disadvantage new entrants into the from statutory provisions in the 1992 cable systems under Paragraph IX of the distribution of cable programs such as Cable Act, is designed to prevent Time proposed agreement. The rate of roll-out Direct Broadcast Services, wireless Warner from discriminating in its and the final penetration rate is set at systems, and systems created by carriage decisions so as to exclude or levels so as not to interfere with Time telephone companies. The complaint substantially impair the ability of an Warner’s carriage of other programming. alleges that, as a programmer that does unaffiliated national video programmer It is set at such a level that Time Warner not own its own distribution, Turner to enter into or to compete in the video may continue carrying any channel that pre- merger had no incentive to and did programming market. The Commission it is now carrying, may add any channel not generally charge significantly higher views these provisions as working in that it is contractually committed to prices to new MVPD entrants compared tandem with the collection and carry in the future, and may continue to the prices offered to established reporting requirements contained in any plans it has to carry unaffiliated MVPDs. Under the terms of Paragraph Paragraph VIII. Under that paragraph, programming in the future. It limits only VI, the preacquisition range of pricing Time Warner is required to collect and Time Warner’s ability to give effect to its offered by Turner is used as a maintain information about incentive to deny access even to a news benchmark to prevent Time Warner programming offers received and the channel that does not interfere with from discriminating against the rival disposition of those offers as well as such commitments or plans. Time distributors of programming in its information comparing Time Warner Warner has committed to achieve service areas, and Time Warner may not cable systems’ carriage rates to carriage penetration of 50% of total basic increase the range of pricing on Turner rates on other MVPDs for national video subscribers by July 30, 1999, if it seeks programming services between programming services. Such to fulfill this provision by increasing established MVPDs and new entrants information would be reported on a carriage for an existing channel, or to any more than Turner had pre-merger. quarterly basis to the management achieve penetration of 50% of total Because Time Warner’s incentive to committee of TWE. TWE’s management basic subscribers by July 30, 2001, if it discriminate against MVPDs stems from committee includes representatives of U seeks to fulfill this provision by carrying an incentive to protect its own cable S West since U S West is a minority a channel not currently carried by Time company from those in or entering its partner in TWE. TWE owns or operates Warner. This shorter period is possible downstream distribution areas, this all of Time Warner’s cable systems. in the former case because, to the extent provision only covers competitors in Because U S West’s incentives would be that Time Warner is already committed Time Warner’s distribution areas. to maximize return to TWE’s cable to carry the channel on a portion of Because the price charged by Time systems rather than to Time Warner’s Time Warner’s systems, less additional 50312 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices capacity would need to be found in agreement and comments received, and Substantial evidence, confirmed in the order to achieve the required will decide whether it should withdraw parties’ documents and testimony, as penetration. On the other hand, the from the agreement or make final the well as documents and sworn longer period if a new news service is order contained in the agreement. statements from third-parties, indicated selected assures that an existing news By accepting the consent order subject the existence of an all cable television service or other service need not be to final approval, the Commission market. Indeed, there was significant displaced to make room for the new anticipates that the competitive evidence of competitive interaction in service. problems alleged in the complaint will terms of carriage, promotions and This provision was crafted so as to be resolved. The purpose of this marketing support, subscriber fees, and give Time Warner flexibility in choosing analysis is to invite and facilitate public channel position between different a new news channel, without comment concerning the consent order. segments of cable programming, undermining the Commission’s It is not intended to constitute an including basic and premium channel competitive concern that the chosen official interpretation of the agreement programming. Cable operators look to service have the opportunity to become and proposed order or in any way to all types of cable programming to a strong competitor to CNN. To ensure modify their terms. determine the proper mix of diverse that the competing news channel is Benjamin I. Berman, content and format to attract a wide competitively significant, the order Acting Secretary. range of subscribers. obligates Time Warner to choose a news Although a market that includes both service that will have contractual Separate Statement of Chairman CNN and HBO may appear somewhat commitments with unaffiliated cable Pitofsky, and Commissioners Steiger unusual on its face, the Commission operators to reach 10 million and Varney In the Matter of Time was presented here with substantial subscribers by February 1, 1997. Warner Inc., File No. 961–0004 evidence that MVPDs require access to Together with Time Warner’s certain ‘‘marquee’’ channels, such as commitments required by the proposed The proposed merger and related HBO and CNN, to retain existing order, such a service would have transactions among Time Warner, subscribers or expand their subscriber commitments for a total of Turner, and TCI involve three of the base. Moreover, we can not concur that approximately 15 million subscribers. In largest firms in cable programming and evidence in the record supports the alternative, Time Warner could take delivery—firms that are actual or Commissioner Azcuenaga’s proposed a service with a smaller unaffiliated potential competitors in many aspects of market definition, which would subscriber base, if it places the service their businesses. The transaction would segregate offerings into basic and on more of its own systems in order to have merged the first and third largest premium cable programming markets. assure that the service’s total subscribers cable programmers (Time Warner and Entry. Although we agree that entry is would reach 15 million. In order to Turner). At the same time it would have an important factor, we cannot concur attract advertisers and become a further aligned the interests of TCI and with Commissioner Azcuenaga’s overly competitive force, a news service must Time Warner, the two largest cable generous view of entry conditions in have a critical mass of subscribers. The distributors. Finally, the transaction as this market. While new program thresholds contained in this order give proposed would have greatly increased channels have entered in the past few Time Warner flexibility while ensuring the level of vertical integration in an years, these channels have not become that the service selected has enough industry in which the threat of competitively significant. None of the subscribers to have a credible foreclosure is both real and substantial.1 channels that has entered since 1991 opportunity to become an effective While the transaction posed has acquired more than a 1% market competitor. The February 1, 1997, date complicated and close questions of share. was selected so as to give competitive antitrust enforcement, the conclusion of Moreover, the anticompetitive effects news services an opportunity to achieve the dissenters that there was no of this acquisition would have resulted the required number of subscribers. competitive problem at all is difficult to from one firm’s control of several Accordingly, this provision should understand. marquee channels. In that aspect of the not interfere with Time Warner’s plans Many of the concerns raised in the market, entry has proven slow and to carry programming of its choosing or dissenting Commissioners statements costly. The potential for new entry in unduly involve the Commission in Time are carefully addressed in the analysis basic services cannot guarantee against Warner’s choice of a new service. It is to aid public comment. We write to competitive harm. To state the matter analogous to divestiture of one channel clarify our views on certain specific simply, the launch of a new ‘‘Billiards on some cable systems and is thus far issues raised in the dissents. Channel,’’ ‘‘Ballet Channel,’’ or the like less burdensome to Time Warner than Product market. The dissenting will barely make a ripple on the shores the typical antitrust remedy which Commissioners suggest that the product of the marquee channels through which would require that Time Warner divest market alleged, ‘‘the sale of Cable Time Warner can exercise market some or all of cable systems in their Television Programming Services to power. entirety. The Commission, however, MVPDs (Multichannel Video Technology. Commissioner recognizes that this provision is unusual Programming Distributors),’’ cannot be Azcuenaga also seems to suggest that and invites public comment on the sustained. The facts suggest otherwise. the Commission has failed to recognize appropriateness of such a requirement. the impact of significant technological 1 Both Congress and the regulators have identified changes in the market, such as the V. Opportunity for Public Comment problems with the effects of vertical foreclosure in this industry. See generally James W. Olson and emergence of new delivery systems such The proposed consent order has been Lawrence J. Spiwak, Can Short-term Limits on as direct broadcast satellite networks placed on the public record for 60 days Strategic Vertical Restraints Improve Long-term (‘‘DBS’’).2 We agree that these for reception of comments from Cable industry Market Performance?, 13 Cardozo alternative technologies may someday interested persons. Comments received Arts & Entertainment Law Journal 283 (1995). Enforcement action in this case is wholly consistent become a significant competitive force during this period will become part of with the goals of Congress in enacting the 1992 the public record. After 60 days, the Cable Act: providing greater access to programming 2 DBS providers are included as participants in Commission will again review the and promoting competition in local cable markets. the relevant product market. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50313 in the market. Indeed, that prospect is (PSAs), which would have required TCI either the Time Warner or TCI cable one of the reasons the Commission has to carry certain Turner networks until systems. Because of the economies of acted to prevent Time Warner from 2015, at a price set at the lower of 85% scale involved, the successful launch of being able to disadvantage these of the industry average price or the any significant new channel usually competitors by discriminating in access lowest price given to any other MVPD. requires distribution on MVPDs that to programming. The PSAs would have reduced the cover 40–60% of subscribers. But to suggest that these technologies ability and incentives of TCI to handle Commissioner Starek suggests that we one day may become more widespread programming from Time Warner’s need not worry about foreclosure does not mean they currently are, or in rivals. Channel space on cable systems because there are sufficient number of the near future will be, important is scarce. If the PSAs effectively locked unaffiliated programmers and MVPDs so enough to defeat anticompetitive up significant channel space on TCI, the that each can survive by entering into conduct. Alternative technologies such ability of rival programmers to enter contracts. With all due respect, this as DBS have only a small foothold in the would have been harmed. This effect view ignores the competitive realities of market, perhaps a 3% share of total would have been exacerbated by the the marketplace. TCI and Time Warner subscribers. Moreover, DBS is more unusually long duration of the are the two largest MVPDs in the U.S. costly and lacks the carriage of local agreement and the fact that TCI would with market shares of 27% and 17% stations. It seems rather unlikely that have received a 15% discount over the respectively.4 Carriage on one or both the emerging DBS technology is most favorable price given to any other systems is critical for new programming sufficient to prevent the competitive MVPD. Eliminating the twenty-year to achieve competitive viability. harm that would have arisen from this PSAs and restricting the duration of Attempting to replicate the coverage of transaction. future contracts between TCI and Time these systems by lacing together Horizontal competitive effects. Warner would restore TCI’s agreements with the large number of Although Commissioner Starek presents opportunities and incentives to evaluate much smaller MVPDs is costly and time a lengthy argument on why we need not and carry non-Time Warner consuming.5 The Commission was worry about the horizontal effects of the programming. presented with evidence that denial of acquisition, the record developed in this We believe that this remedy carefully coverage on the Time Warner and TCI investigation strongly suggests restricts potential anticompetitive systems could further delay entry of anticompetitive effects would have practices, arising from this acquisition, potential marquee channels for several resulted without remedial action. This that would have heightened entry years. merger would combine the first and barriers. TCI ownership of Time Warner. third largest providers of cable Vertical foreclosure. The complaint Commissioner Azcuenaga suggests that programming, resulting in a merged firm alleges that post-acquisition Time TCI’s potential acquisition of a 15% controlling over 40% of the market, and Warner and TCI would have the power interest in Time Warner, with the several of the key marquee channels to: (1) Foreclose unaffiliated prospect of acquiring up to 25% without including HBO and CNN. The programming from their cable systems further antitrust review, does not pose horizontal concerns are strengthened by to protect their programming assets; and any competitive problem. We disagree. the fact that Time Warner and TCI are (2) disadvantage competing MVPDs, by Such a substantial ownership interest, the two largest MVPDs in the country. engaging in price discrimination. especially in a highly concentrated The Commission staff received an Commissioner Azcuenaga contends that market with substantial vertically unprecedented level of concern from Time Warner and TCI lack the interdependent relationships and high participants in all segments of the incentives and the ability to engage in entry barriers, poses significant market about the potential either type of foreclosure. We disagree. competitive concerns.6 In particular, the anticompetitive effects of this merger. First, it is important to recognize the interest would give TCI greater One of the most frequent concerns degree of vertical integration involved. incentives to disadvantage programmer expressed was that the merger heightens Post-merger Time Warner alone would competitors of Time Warner; similarly it the already formidable entry barriers control more than 40% of the would increase Time Warner’s into programming by further aligning programming assets (as measured by incentives to disadvantage MVPDs that the incentives of both Time Warner and subscriber revenue obtained by MVPDs). compete with TCI. The Commission’s TCI to deprive entrants of sufficient Time Warner and TCI, the nation’s two remedy would eliminate these distribution outlets to achieve the largest MVPDs, control access to about incentives to act anticompetitively by necessary economies of scale. The 44% of all cable subscribers. The case making TCI’s interest truly passive. proposed order addresses the impact on law have found that these levels of Efficiencies. Finally, Commissioner 3 entry barriers as follows. First, the concentration can be problematic. Azcuenaga seems to suggest that the prohibition on bundling would deter Second, the Commission received acquisition may result in certain Time Warner from using the practice to evidence that these foreclosure threats efficiencies in terms of ‘‘more and better compel MVPDs to accept unwanted were real and substantial. There was programming options’’ and ‘‘reduced channels which would further limit clearly reason to believe that this available channel capacity to non-Time acquisition would increase the 4 They are substantially larger than the next Warner programmers. Second, the incentives to engage in this foreclosure largest MVPD, Continental, which has an conduct and reporting requirements in without remedial action. For example, approximately 6% market share. paragraphs VII and VIII provide a the launch of a new channel that could 5 See U.S. Department of Justice Horizontal mechanism for the Commission to achieve marquee status would be almost Merger Guidelines, ¶ 13,103 Trade Cas. (CCH) at 20,565–66, §§ 4.2 4,21(June 14, 1984), incorporation become aware of situations where Time impossible without distribution on in U.S. Department of Justice and Federal Trade Warner discriminates in handling Commission Horizontal Merger Guidelines, ¶ 13,104 carriage requests from programming 3 See Ash Grove Cement Co. v. FTC, 577 F2d 1368 Trade Cas. (CCH) (Apirl 7, 1992). rivals. (9th Cir. 1978); Mississippi River Corp. v. FTC, 454 6 See United States v. dupont de Nemours & Co., F.2d 1083 (8th Cri. 1972); United States Steel Corp. 353 U.S. 586 (1957); F&M Schaefer Corp v. C. Third, the proposed order reduces v. FTC, 426 F.2d 592 (6th Cir. 1970); see generally Schmidt & Sons, Inc., 597 F.2d 814, 818–19 (2d Cir. entry barriers by eliminating the Herbert Hovenkamp, Federal Antitrust Policy § 9.4 1979); Gulf & Western Indus. v. Great Atlantic & programming service agreements (1994). Pacific Tea Co., 476 F.2d 687 (2d Cir. 1973). 50314 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices transactions costs.’’ There was little or products of the merging firms are the channels do not compete on price.5 no evidence presented to the first and second choices for consumers.2 There are closer substitutes, in terms of Commission to suggest that these In this case, it could be argued that price and content, for CNN (in the basic efficiencies were likely to occur. from the perspective of cable system tier) and for HBO (in the premium tier). I am not persuaded that the product Dissenting Statement of Commissioner operators and other multichannel video market alleged in the complaint could Mary L. Azcuenaga in Time Warner Inc., program distributors (MVPDs), who are be sustained. The products of Time File No. 961–0004 purchasers of programming services, all network services are substitutes. This is Warner and Turner are not the first and The Commission today accepts for the horizontal competitive overlap that second choices for consumers (or cable public comment a proposed consent is alleged in the complaint.3 system operators or other MVPDs), and agreement to settle allegations that the One problem with the alleged all- there are no other horizontal overlaps proposed acquisition by Time Warner programming market is that basic warranting enforcement action in any Inc. (Time Warner) of Turner services (such as Turner’s CNN) and other cable programming market.6 Broadcasting System, Inc. (Turner), and premium services (such as Time Under these circumstances, it would related agreements with Tele- Warner’s HBO) are not substitutes along seem appropriate to withdraw the 1 Communications, Inc. (TCI), would be the usual dimensions of competition. proposed complaint. unlawful. Alleging that this transaction Most significantly, they do not compete Entry violates the law is possible only by on price. CNN is sold to MVPDs for a abandoning the rigor of the fee per subscriber that is on average less The proposed complaint alleges that Commission’s usual analysis under than one-tenth of the average price for entry is difficult and unlikely.7 This is Section 7 of the Clayton Act. To reach HBO, and it is resold as part of a an astonishing allegation, given the this result, the majority adopts a highly package of basic services for an amount of entry in the cable questionable market definition, ignores inclusive fee. HBO is sold at wholesale programming market. The number of any consideration of efficiencies and for more than ten times as much; it is cable programming services increased blindly assumes difficulty of entry in resold to consumers on an a la carte from 106 to 129 in 1995, according to the antitrust sense in the face of basis or in a package with other the FCC.8 One source reported thirty overwhelming evidence to the contrary. premium services, and a subscription to national 24-hour channels expected to The decision of the majority also basic service usually is a prerequisite. It launch this year,9 and another recently departs from more general principles of is highly unlikely that a cable operator, identified seventy-three networks ‘‘on antitrust law by favoring competitors 10 to avoid a price increase, would drop a the launch pad’’ for 1996. That adds over competition and contrived theory basic channel and replace it with a up to between fifty-three and ninety-six over facts. significantly more expensive premium new and announced networks in two The usual analysis of competitive years. Another source listed 141 effects under the law, unlike the channel. Furthermore, cable system operators tell us that when the price for national 24-hour cable networks apparent analysis of the majority, would launched or announced between take full account of the swirling forces basic cable services increases, consumers drop pay services, suggesting January 1993 and March 1996.11 of innovation and technological This does not mean that entry is easy advances in this dynamic industry. that at least at the retail level these goods are complementary, rather than or inexpensive. Not all the channels that Unfortunately, the complaint and the have announced will launch a service, underlying theories on which the substitutes for one another. Another possible argument is that and not all those that launch will proposed order is based do not begin to succeed.12 But some of them will. Some satisfy the rigorous standard for merger CNN and HBO should be in the same analysis that this agency has applied for product market because, from the cable operator’s perspective, each is 5 If the market includes premium cable channels, years. Instead, the majority employs a it probably ought also to include video cassette looser standard for liability and a ‘‘necessary to attract and retain a rentals, which constrain the pricing of premium regulatory order that threatens the likely significant percentage of their channels. Federal Communications Commission, 4 efficiencies from the transaction. Having subscribers.’’ If CNN and HBO were Second Annual Report on the Status of Competition substitutes in this sense, we would in the Market for the Delivery of Video found no reason to relax our standards Programming ¶ 121 (Dec. 7, 1995) (hereafter ‘‘FCC of analysis for this case, I cannot agree expect to see cable system operators Report’’). If the theory is that HBO and CNN that the order is warranted. playing them against one another to win compete for channel space, the market probably price concessions in negotiations with should include over-the-air broadcast networks, at Product Market programming sellers, but there is no least to the extent that they can obtain cable channel space as the price for retransmission rights. We focus in merger analysis on the evidence that they have been used this 6 In the two product markets most likely to be likelihood that the transaction will way, and cable system operators have sustained under the law, basic cable services and create or enhance the ability to exercise told us that basic and premium premium cable services, the transaction falls within market power, i.e., raise prices. The first safe harbors described in the 1992 Merger Guidelines. step usually is to examine whether the 2 1992 Horizontal Merger Guidelines ¶ 2.2. The 7 Complaint ¶¶ 33–35. merging firms sell products that are theory is that when the post-merger firm raises the price on product A or on products A and B, sales 8 FCC Report ¶ 10. substitutes for one another to see if there lost due to the price increase on the first-choice 9 National Cable Television Association, Cable is a horizontal competitive overlap. This product (A) will be diverted to the second-choice Television Developments 103–17 (Fall 1995). is important in a case based on a theory product (B). The price increase is unlikely to be 10 ‘‘On the Launch Pad,’’ Cable World, April 29, of unilateral anticompetitive effects, as profitable unless a significant share of consumers 1996, at 143; see also Cablevision, Jan. 22, 1996, at this one is, because according to the regard the products of the merged firm as their first 54 (98 announced services with expected launches and second choices. in 1996). merger guidelines, the theory depends 3 Complaint ¶ 24. 11 ‘‘A Who’s Who of New Nets,’’ Cablevision, on the factual assumption that the 4 Complaint ¶¶ II.4 & III.9. To the extent that each April 15, 1996 (Special Supp.) at 27A–44A (as of network (CNN and HBO) is viewed as ‘‘necessary’’ March 28, 1996, 163 new networks when regional, 1 Liberty Media Corporation, a wholly-owned to attract subscribers, as alleged in the complaint, pay-per-view and interactive services are included). subsidiary of TCI, also is named in the complaint each would appear to have market power quite 12 ‘‘The stamina and pocket-depth of backers of and order. For simplicity, references in this independent of the proposed transaction and of new players [networks] still remain key factors for statement to TCI include Liberty. each other. survival. However, distribution is still the name of Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50315 recent entrants include CNNfn to subscribers. By September 1995, DBS technologies could make it possible for (December 1995), Nick at Nite (April was available in all forty-eight multiple programs to be broadcast over 1996), MS/NBC (July 1996) and the contiguous states and Alaska.17 In April a single over-the-air broadcast History Channel (January 1995).13 The 1996, DBS had 2.4 million customers; in channel.25 When these developments Fox network plans to launch a third 24- August 1996, DBS had 3.34 million will be fully realized is open to debate, hour news channel, and Westinghouse subscribers 18 (compared to 62 million but it is clear that they are on the way and CBS Entertainment recently cable customers in the U.S.). AT&T and affecting competition. According to announced that they will launch a new recently invested $137.5 million in one trade association official, cable entertainment and information cable DirecTV, a DBS provider, began to sell operators are responding to competition channel, Eye on People, in March satellite dishes and programming to its by ‘‘upgrading their infrastructures with 1997.14 The fact of so much ongoing long distance customers in four markets, fiber optics and digital compression entry indicates that entry should be and reportedly plans to expand to the technologies to boost channel capacity. regarded as virtually immediate. rest of the country in September 1996.19 ** * What’s more, cable operators are New networks need not be successful EchoStar and AlphaStar both have busily trying to polish their images with or even launched before they can exert launched new DBS services, and MCI a public that has long registered gripes significant competitive pressure. Communication and News Corp. have over pricing, customer service and Announced launches can affect pricing announced a partnership to enter DBS.20 programming choice.’’ 26 immediately. The launch of MS/NBC Some industry analysts predict that DBS Ongoing entry in programming and the announcement of Fox’s cable will serve 15 million subscribers by suggests that no program seller could news channel already may have affected 2000.21 maintain an anticompetitive price the incumbent all-news channel, CNN, Digital technology, which would increase and, therefore, there is no basis because cable system operators can expand cable capacity to as many as 500 for liability under Section 7 of the credibly threaten to switch to one of the channels, is another important Clayton Act. Changes in the video new news networks in negotiations to development. DBS already uses digital distribution market will put additional 15 renew CNN. technology, and some cable operators pressure on both cable systems and Any constraint on cable channel plan to begin providing digital service programming providers to be capacity does not appear to be deterring later this year. Discovery competitive by providing quality entry of new networks. Indeed, the Communications (The Discovery programming at reasonable prices. The amount of entry that is occurring Channel) has announced that it will quality and quantity of entry in the apparently reflects confidence that launch four new programming services industry warrants dismissal of the channel capacity will expand, for designed for digital boxes in time for complaint. example, by digital technology. In TCI’s ‘‘digital box rollout’’ this fall.22 addition, alternative MVPDs, such as (Even without digital service, cable Horizontal Theory of Liability Direct Broadcast Satellite (DBS), may systems have continued to upgrade their The proposed complaint alleges that provide a launching pad for new capacity; in 1994, about 64% of cable Time Warner will be able to exploit its 16 networks. For example, CNNfn was systems offered thirty to fifty-three ownership of HBO and the Turner basic launched in 1995 with 4 to 5 million channels, and more than 14% offered channels by ‘‘bundling’’ Turner 23 households, divided between DBS and fifty-four or more channels. ) Local networks with HBO, that is, by selling cable. telephone companies have entered as them as a package.27 As a basis for Nor should we ignore significant 24 distributors via video dialtone, MMDS liability in a merger case, this appears technological changes in video and cable systems, and the telcos are to be without precedent.28 Bundling is distribution that are affecting cable exploring additional ways to enter video not always anticompetitive, and one programming. One such change is the distribution markets. Digital problem with the theory is that we development and commercialization of compression and advanced television new distribution methods that can cannot predict when it will be anticompetitive.29 Bundling can be used provide alternatives for both cable 17 FCC Report ¶ 49. to transfer market power from the programmers and subscribers. DBS is 18 DBS Digest, Aug. 22, 1996 (http:// one example. With digital capability, www.dbsdish.com/dbsdata,html (Sept. 5, 1996)). ‘‘tying’’ product to the ‘‘tied’’ product, DBS can provide hundreds of channels 19 See Breznick, ‘‘Crowded Skies,’’ Cable World but it also is used in many industries as (April 29, 1996) (http://www.mediacentral.com/ a means of discounting. Popular cable magazines/Cable Worls/News96/1996042913.htm/ networks, for example, have been sold the game.’’ Cablevision, April 15, 1996 (Special 539128 (Setp. 3, 1996); see also N.Y. Times, JUly Supp.), at 3A. 14, 1996, at 23 (AT&T full page ad for digital in a package at a discount from the 13 Carter, ‘‘For History on Cable, the Time Has satellite system DirecTV and USSB); USA Today, single product price. This can be a way Arrived,’’ N.Y. Times, May 20, 1996, at D1. The Aug. 20, 1996, at 5D (DISH Network full page ad for a programmer to encourage cable article reported that the History Channel began in for digital satellite system and channels). system operators to carry multiple January 1995 with one million subscribers, reached 20 Breznick, ‘‘Crowded Skies,’’ Cable World, April 8 million subscribers by the end of the year and by 29, 1996 (http://www.mediacentral.com/magazines/ May 1996 was seen in 18 million homes. Cable World/news96/1996042913.htm/539128 25 FCC Report ¶ 116. 14 Carmody, ‘‘The TV channel,’’ The Washington (Sept. 3, 1996)). 26 Pendleton, ‘‘Keeping Up With Cable Post, Aug. 21, 1996, at D12. 21 See id. Competition,’’ Cable World, April 29, 1996, at 158. 15 This is the kind of competition we would 22 Katz, ‘‘Discovery Goes Digital,’’ Multichannel 27 Complaint ¶ 38a. expect to see between cable networks that are News Digest, Sept. 3, 1996 (‘‘The new networks 28 Cf. Heublein, Inc., 96 F.T.C. 385, 596–99 (1980) substitutes for one another and the kind of ** * will launch Oct. 22 in order to be included (rejecting a claim of violation based on leveraging). competition that is non-existent between CNN and in Tele-Communications Inc.’s digital box rollout in 29 See Whinston, ‘‘Tying, Foreclosure, and HBO. Hartford, Conn.’’) (http://www.multichannel.com/ Exclusion,’’ 80 Am. Econ. Rev. 837, 855–56 (1990) 16 The entry of alternative MVPD technologies digest.htm (Sept. 5, 1996)). (tying can be exclusionary, but ‘‘even in the simple may put competitive pressure on cable system 23 FCC Report at B–2 (Table 3). models considered [in the article], which ignore a operators to expand capacity more quickly. See 24 MMDS stands for multichannel multipoint number of other possible motivations for the ‘‘The Birth of Networks,’’ Cablevision (Special distribution service, a type of wireless cable See practice, the impact of this exclusion on welfare is Supp. April 15, 1996), at 8A (cable system operators FCC Report at ¶¶ 68.85. Industry observers project uncertain. This fact, combined with the difficulty ‘‘don’t want DBS and the telcos to pick up the that MMDS will serve more than 2 million of sorting out the leverage-based instances of tying services of tomorrow while they are being overly subscribers in 1997 and grow more than 280% from other cases, makes the specification of a arrogant about their capacity’’). between 1995 and 1998. FCC Report ¶ 71. practical legal standard extremely difficult.’’). 50316 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices networks and achieve cross-promotion Foreclosure Commission should analyze that among the networks in the package. Time Warner cannot foreclose the transaction when and if TCI increases Even if it seemed more likely than not programming market by refusing its holdings. The divestiture that Time Warner would bundle HBO carriage on its cable system, because requirement imposed by the order 36 is with Turner networks after the merger, Time Warner has less than 20% of cable not warranted at this time. we could not a priori identify this as an subscribers in the United States. Even if Another aspect of the foreclosure anticompetitive effect. TCI were willing to join in an attempt theory alleged in the complaint is a The alleged violation rests on a theory to barricade programming produced by carriage agreement (programming that the acquisition raises the potential others from distribution, TCI and Time service agreement or PSA) between TCI for unlawful tying. To the best of my Warner together control less than 50% and Turner. Under the PSA, TCI would knowledge, Section 7 of the Clayton Act of the cable subscribers in the country. carry certain Turner networks for has never been extended to such a In that case, entry of programming via twenty years, at a discount from the situation. There are two reasons not to cable might be more expensive (because average price at which Time Warner adopt the theory here. First, challenging of the costs of obtaining carriage on a sells the Turner networks to other cable the mere potential to engage in such number of smaller systems), but it need operators. The complaint alleges that conduct appears to fall short of the not be foreclosed. And even if Time TCI’s obligations under the PSA would ‘‘reasonable probability’’ standard under Warner and TCI together controlled a diminish its incentives and ability to Section 7 of the Clayton Act. We do not greater share of cable systems, the carry programming that competes with seek to enjoin mergers on the mere availability of alternative distributors of Turner programming,37 which in turn possibility that firms in the industry video programming and the would raise barriers to entry for may later choose to engage in unlawful technological advances that are unaffiliated programming. The conduct. It is difficult to imagine a expanding cable channel capacity make increased difficulty of entry, so the merger that could not be enjoined if foreclosure as a result of this transaction theory goes, would in turn enable Time ‘‘mere possibility’’ of unlawful conduct improbable. Warner to raise the price of Turner The foreclosure theory also is were the standard. Here, the likelihood programming sold to cable operators of anticompetitive effects is even more inconsistent with the incentives of the market. Cable system operators want and other MVPDs. It is hard to see that removed, because tying, the conduct the PSA would have anticompetitive that might possibly occur, in turn might more and better programming, to woo and win subscribers. To support their effects. TCI already has contracts with or might not prove to be unlawful. Turner that provide for mandatory Second, anticompetitive tying is cable systems, Time Warner and TCI must satisfy their subscribers by carriage of CNN and TNT, and TCI is unlawful, and Time Warner would face likely to continue to carry these private law suits and agency providing programming that subscribers want at reasonable prices. Given programming networks for the enforcement action for such conduct. 38 competing distributors and expanding foreseeable future. The current The proposed remedy for the alleged agreements do not raise antitrust issues, bundling is to prohibit it,30 with no channel capacity, neither of them likely would find it profitable to attempt to and the PSA raises no new ones. Any attempt to distinguish efficient bundling theoretical bottleneck on existing from anticompetitive bundling.31 exclude new programming. TCI as a shareholder of Time Warner, systems would be even further removed Assuming liability on the basis of an as the transaction has been proposed to by the time the carriage requirements anticompetitive horizontal overlap, the us (with a minority share of less than under the PSA would have become obvious remedy would be to enjoin the 10%), would have no greater incentive effective (when existing carriage transaction or require the divestiture of than it had as a 23% shareholder of commitments expire), because HBO. Divestiture is a simple, easily Turner to protect Turner programming technological changes will have reviewable and complete remedy for an from competitive entry. Indeed, TCI’s expanded cable channel capacity and anticompetitive horizontal overlap. The incentive to protect Turner alternative MVPDs will have expanded weakness of the Commission’s case programming would appear to be their subscribership. The PSA could seems to be the only impediment to diminished.34 If TCI’s interest in Time even give TCI incentives to encourage imposing that remedy here. Warner increased, it stands to reason the entry of new programming to Vertical Theories that TCI’s interest in the well-being of compete with Time Warner’s the Turner networks also would programming and keep TCI’s costs The complaint also alleges two increase. But it is important to down.39 The PSA would have afforded vertical theories of competitive harm. remember that TCI’s principal source of Time Warner long term carriage for the The first is foreclosure of unaffiliated income is its cable operations, and its Turner networks, given TCI long term programming from Time Warner and share of Time Warner profits from programming commitments with some 32 TCI cable systems. The second is Turner programming would be price protection, and eliminated the anticompetitive price discrimination insufficient incentive for TCI to costs of renegotiating a number of against competing MVPDs in the sale of jeopardize its cable business.35 It may be existing Turner/TCI carriage agreements 33 cable programming. Neither of these that TCI could acquire an interest in as they expire. These are efficiencies. alleged outcomes appears particularly Time Warner that could have No compelling reason has been likely. anticompetitive consequences, but the 36 Order ¶¶ II & III. 30 Order ¶ V. 34 Turner programming would account for only 37 Complaint ¶ 38b(2). 31 Although the proposed order would permit any part of TCI’s interest in Time Warner. 38 Cable system operators like to keep their bundling that Time Warner or Turner could have 35 Even if its share of Time Warner were increased subscribers happy, and subscribers do not like to implemented independently before the merger, the to 18%, TCI’s interest in the combined Time have popular programming cancelled. reason for this distinction appears unrelated to Warner/Turner cash flow would be only slightly 39 Under the ‘‘industry average price’’ provision distinguishing between pro- and anti-competitive greater than TCI’s pre-transaction interest in Turner of the PSA, Time Warner could raise price to TCI bundling. cash flow, and it would still amount to only an by increasing the price it charges other MVPDs. TCI 32 Complaint ¶ 38b. insignificant fraction of the cash flow generated by could encourage entry to defeat any attempt by 33 Complaint ¶ 38c. TCI’s cable operations. Time Warner to increase price. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50317 advanced for requiring that the carriage Fox all-news channel). This requirement FCC regulations,50 and the FCC provides agreement be cancelled.40 is entirely unwarranted. A duty to deal a forum to adjudicate complaints of this In addition to divestiture by TCI of its might be appropriate on a sufficient nature. Unfortunately, the majority is Time Warner shares and cancellation of showing if Time Warner were a not content to leave policing of the TCI/Turner carriage agreement, the monopolist. But with less than 20% of telecommunications to the FCC. proposed remedies for the alleged cable subscribers in the United States, Paragraph VI of the proposed order foreclosure include: (1) Time Warner is neither a monopolist addresses the alleged violation in the Antidiscrimination provisions by which nor an ‘‘essential facility’’ in cable following way: (1) It requires Time Time Warner must abide in dealing with distribution.47 CNN, the apparent target Warner to provide Turner programming program providers; 41 (2) recordkeeping of the FTC-sponsored entry, also is not to competing MVPDs on request; and (2) requirements to police compliance with a monopolist but is one of many cable it establishes a formula for determining the antidiscrimination provision; 42 and programming services in the all- the prices that Time Warner can charge (3) a requirement that Time Warner programming market alleged in the MVPDs for Turner programming in carry ‘‘at least one Independent complaint. Clearly, CNN also is one of areas in which Time Warner cable Advertising-Supported News and many sources of news and information systems and the MVPDs compete. The Information National Video readily available to the public, although provision is inconsistent with two Programming Service.’’ 43 These this is not a market alleged in the antitrust principles: Antitrust remedial provisions are unnecessary, complaint. Antitrust law, properly traditionally does not impose a duty to and they may be harmful. applied, provides no justification deal absent monopoly, which does not Paragraph VII of the proposed order, whatsoever for the government to help exist here, and antitrust traditionally the antidiscrimination provision, seeks establish a competitor for CNN. Nor is has not viewed price regulation as an to protect unaffiliated programming there any apparent reason, other than appropriate remedy for market power. vendors from exploitation and the circular reason that it would be Indeed, price regulation usually is seen discrimination by Time Warner. The helpful to them, why Microsoft, NBC, or as antithetical to antitrust. order provision is taken almost verbatim Rupert Murdoch’s Fox needs a helping Although Paragraph VI ostensibly has from a regulation of the Federal hand from the FTC in their new 44 the same nondiscrimination goal as Communications Commission. It is programming endeavors. CNN and other federal telecommunications law and highly unusual, to say the least, for an program networks did not obtain FCC regulations, the bright line standard order of the FTC to require compliance carriage mandated by the FTC when in the proposed order for determining a with a law enforced by another federal they launched; why should the nondiscriminatory price fails to take agency, and it is unclear what expertise Commission now tilt the playing field in account of the circumstances Congress we might bring to the process of favor of other entrants? has identified in which price differences assuring such compliance. Although a could be justified, such as, for example, requirement to obey existing law and Price Discrimination cost differences, economies of scale or FCC regulations may not appear to The complaint alleges that Time ‘‘other direct and legitimate economic burden Time Warner unduly, the Warner could discriminatory raise the benefits reasonably attributable to the additional burden of complying with prices of programming services to its number of subscribers serviced by the the FTC order may be costly for both MVPD rivals,48 presumably to protect its distributor.’’ 51 These are significant Time Warner and the FTC. In addition cable operations from competition. This omissions, particularly for an agency to imposing extensive recordkeeping theory assumes that Time Warner has that has taken pride in its mission to requirements,45 the order apparently market power in the all-cable would create another forum for programming market. As discussed prevent unfair methods of competition. unhappy programmers, who could seek above, however, there are reasons to There is no apparent reason or authority to instigate an FTC investigation of think that the alleged all-cable for creating this exception to a Time Warner’s compliance with the programming market would not be congressional mandate. To the extent order, instead of or in addition to citing sustained, and entry into cable that the proposed order creates a the same conduct in a complaint filed programming is widespread and, regulatory scheme different from that with and adjudicated by the FCC.46 The because of the volume of entry, afforded by the FCC, disgruntled burden of attempting to enforce immediate. Under those circumstances, MVPDs may find it to their advantage to compliance with FCC regulations is one it appears not only not likely but seek sanctions against Time Warner at 52 that this agency need not and should virtually inconceivable that Time the FTC. This is likely to be costly for not assume. Warner could sustain any attempt to the FTC and for Time Warner, and the Paragraph IX of the proposed order exercise market power in the all-cable differential scheme of regulation also requires Time Warner to carry an programming market. could impose other, unforeseen costs on independent all-news channel Whatever the merits of the theory in the industry. (presumably MS/NBC or the anticipated this case, however, discrimination Efficiencies against competing MVPDs in price or 40 See Order ¶ IV. There would appear to be even other terms of sale of programming is As far as I can tell, the proposed less justification for cancelling the PSA after ECI prohibited by federal statute 49 and by consent order entirely ignores the likely has been required either to divest or to cap its efficiencies of the proposed transaction. shareholdings in Time Warner. 47 Even in New York City, undoubtedly an The potential vertical efficiencies 41 Order ¶ VII. important media market, available data indicate include more and better programming 42 Order ¶ VIII. that Time Warner apparently serves only about one- options for consumers and reduced 43 Order ¶ IX. quarter of cable households. See Cablevision, May 44 See 47 CFR 76.1301(a)–(c). 13, 1996, at 57; April 29, 1996, at 131 (Time Warner transaction costs for the merging firms. 45 The recordkeeping requirement may simply has about 1.1 million subscribers in New York, replicate an FCC requirement and perhaps impose which has about 4.5 million cable households). We 50 CFR 76.1000–76.1002. no additional costs on Time Warner. do not have data about alternative MVPD 51 U.S.C.A. 548(c)(B)(i)–(iii) 46 See 47 CFR 76.1302. The FCC may mandate subscribers in the New York area. 52 Most people outside the FTC and the FCC carriage and impose prices, terms and other 48 Complaint ¶ 38c. already confuse the two agencies. Surely we do not conditions of carriage. 49 47 U.S.C.A. 548. want to contribute to this confusion. 50318 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

The potential horizontal efficiencies Dissenting Statement of Commissioner the current transaction, under most include savings from the integration of Roscoe B. Starek, III, in the Matter of circumstances the Commission would overlapping operations and of film and Time Warner Inc., et al. File No. 961– seek injunctive relief to prevent the animation libraries. For many years, the 0004 consolidation of the assets in question. Commission has devoted considerable I respectfully dissent from the The Commission has eschewed that time and effort to identifying and Commission’s decision to accept a course of action, however, choosing evaluating efficiencies that may result consent agreement with Time Warner instead a very different sort of ‘‘remedy’’ from proposed mergers and Inc. (‘‘TW’’), Turner Broadcasting that allows the parties to proceed with acquisitions. Although cognizable System, Inc. (‘‘TBS’’), Tele- the transaction but restricts them from engaging in some (but not all) efficiencies occur less frequently than Communications, Inc. (‘‘TCI’’), and ‘‘bundled’’ sales of programming to one might expect, the Commission has Liberty Media Corporation. The unaffiliated cable operators.2 Clearly, not stinted in its efforts to give every proposed complaint against these producers and distributors of cable this choice of relief implies an unusual possible consideration to efficiencies. theory of competitive harm from what That makes the apparent disinterest in television programming alleges anticompetitive effects arising from (1) ostensibly is a straightforward the potential efficiencies of this horizontal transaction. The transaction decidedly odd. The horizontal integration of the programming interests of TW and TBS Commission’s remedy does nothing to Industry Complaints and (2) the vertical integration of the prevent the most obvious manifestation TBS’s programming interests with TW’s of postmerger market power—an across- We have heard many expressions of and TCI’s distribution interests. I am not the-board price increase for TW and concern about the proposed transaction. persuaded that either the horizontal or TBS programs. Why has the Cable system operators and alternative the vertical aspects of this transaction Commission forgone its customary relief MVPDs have been concerned about the are likely ‘‘substantially to lessen directed against its conventional theory price and availability of programming competition’’ in violation of Section 7 of of harm? from Time Warner after the acquisition. the Clayton Act, 15 U.S.C. 18, or The plain answer is that there is little persuasive evidence that TW’s programs Program providers have been concerned otherwise to constitute ‘‘unfair methods constrain those of TBS (or vice-versa) in about access to Time Warner’s cable of competition’’ in violation of Section the fashion described above. In a typical 5 of the Federal Trade Commission Act, system. These are understandable FTC horizontal merger enforcement 15 U.S.C. 45. Moreover, even if one concerns, and I am sympathetic to them. action, the Commission relies heavily were to assume the validity of one or To the extent that these industry on documentary evidence establishing more theories of violation underlying members want assured supply or access the substitutability of the parties’ this action, the proposed order does not and protected prices, however, this is products or services.3 For example, it is the wrong agency to help them. Because appear to prevent the alleged effects and may instead create inefficiency. Time Warner cannot foreclose either 2 In the Analysis of Proposed consent Order to level of service and is neither a Horizontal Theories of Competitive Aid Public Comment (§ IV.C), the Commission asserts that ‘‘the easiest way the combined firm monopolist nor an ‘‘essential facility’’ in Harm could exert substantially greater negotiating the programming market or in cable This transaction involves, inter alia, leverage over cable operators is by combining all or services, there would appear to be no the combination of TW and TBS, two some of such ‘marquee’ services and offering them basis in antitrust for the access as a package or offering them along with unwanted major suppliers of programming to programming.’’ As I note below, it is far from requirements imposed in the order. multichannel video program obvious why this bundling strategy represents the The Federal Communications distributors (‘‘MVPDs’’). Accordingly, ‘‘easiest’’ way to exercise market power against cable operators. The easiest way to exercise any Commission is the agency charged by there is a straightforward theory of newly-created market power would be simply to Congress with regulating the competitive harm that merits serious announce higher programming prices. telecommunications industry, and the consideration by the Commission. In its 3 The Merger Guidelines emphasize the most general terms, the theory is that importance of such evidence. Section 1.11 FCC already has rules in place specifically identifies the following two types of prohibiting discriminatory prices and cable operators regard TW programs as evidence as particularly informative: ‘‘(1) Evidence practices. While there may be little close substitutes for TBS programs. that buyers have shifted or have considered shifting Therefore, the theory says, TW and TBS purchases between products in response to relative harm in requiring Time Warner to changes in price or other competitive variables comply with communications law, there act as premerger constraints on each other’s ability to raise program prices. [and] (2) evidence that sellers base business also is little justification for this agency decisions on the prospect of buyer substitution Under this hypothesis, the merger to undertake the task. To the extent that between products in response to relative changes in eliminates this constraint, allowing price or other competitive variables.’’ the proposed consent order offers a TW—either unilaterally or in To illustrate, in Coca-Cola Bottling Co. of the standard different from that coordination with other program Southwest, Docket No. 9215, complaint counsel argued in favor of a narrow product market promulgated by Congress and the FCC, vendors—to raise prices on some or all it arguably is inconsistent with the will consisting of ‘‘all branded carbonated soft drinks’’ of its programs. (‘‘CSDs’’), while respondent argued for a much of Congress. To the extent that the Of course, this story is essentially an broader market. In determining that all branded proposed consent order would offer a illustration of the standard theory of CSDs constituted the relevant market, the more attractive remedy for complaints Commission place great weight on internal competitive harm set forth in Section 2 documents from local bottlers of branded CSDs from disfavored competitors and of the 1992 Horizontal Merger showing that those bottlers ‘‘[took] into account customers of Time Warner, they are Guidelines.1 Were an investigation only the prices of other branded CSD products [and more likely to turn to us than to the pursuant to this theory to yield not the prices of private label or warehouse- delivered soft drinks] in deciding on pricing for FCC. There is much to be said for convincing evidence that it applies to their own branded CSD products.’’ 5 Trade Reg. having the FTC confine itself to FTC Rep. (CCH) ¶23,681 at 23,413 (Aug. 31, 1994), matters, leaving FCC matters to the FCC. 1 U.S. Department of Justice and Federal Trade vacated and remanded on other grounds, Coca-Cola Commission, Horizontal Merger Guidelines, § 2 Bottling Co. of the Southwest v. FTC, No. 94–41224 The proposed order should be (1992), 4 Trade Reg. Rep. (CCH) ¶ 13,104 at 20,573– (5th Cir., June 10, 1996). (The Commission rejected. 6 et seq. dismissed its complaint on September 6, 1996.) Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50319

standard to study the parties’ internal particularly important when key postmerger. Second, even if such documents to determine which elements of the story lack credibility. bundling did occur, there is no producers they regard as their closest For a standard horizontal theory of harm particular reason to think that it would competitors. This assessment also to apply here, one key element is that, be competitively harmful. depends frequently on internal prior to the acquisition, a MVPD could Given the lack of documentary documents supplied by customers that credibly threaten to drop a marquee evidence to show that TW intends to show them playing off one supplier network (e.g., CNN), provided it had bundle its programming with that of against another—via credible threats of access to another programmer’s marquee TBS, I do not understand why the supplier termination—in an effort to network (e.g., HBO) that it could offer to majority considers an increase in obtain lower prices. potential subscribers. This threat would program bundling to be a likely feature In this matter, however, documents of place the MVPD in a position to of the postmerger equilibrium, nor does this sort are conspicuous by their negotiate a better price for the marquee economic theory supply a compelling absence. Notwithstanding a voluminous networks than if those networks were basis for this prediction. Indeed, the submission of materials from the jointly owned. rationale for this element of the case (as respondents and third parties (and the Here, the empirical evidence gathered set forth in the Analysis to Aid Public considerable incentives of the latter— during the investigation reveals that Comment) can be described charitably especially other cable operators—to such threats would completely lack as ‘‘incomplete.’’ According to the supply the Commission with such credibility. Indeed, there appears to be Analysis, unless the FTC prevents it, documents), there are no documents little, if any, evidence that such threats TW would undertake a bundling that reveal cable operators threatening ever have been made, let alone carried strategy in part to foist ‘‘unwanted to drop a TBS ‘‘marquee’’ network (e.g., out. CNN and HBO are not substitutes, programming’’ upon cable operators.7 CNN) in favor of a TW ‘‘marquee’’ and both are carried on virtually all Missing from the Analysis, however, is network (e.g., HBO). There also are no cable systems nationwide. If, as a any sensible explanation of why TW documents from, for instance, TW conventional horizontal theory of harm should wish to pursue this strategy, suggesting that it sets the prices of its requires, these program services are because the incentives to do so are not ‘‘marquee’’ networks in reference to truly substitutes—if MVPDs regularly obvious.8 those of TBS, taking into account the play one off against the other, credibly A possible anticompetitive rationale latter’s likely competitive response to threatening to drop one in favor of for ‘‘bundling’’ might run as follows: by unilateral price increases or decreases. another—then why are there virtually requiring cable operators to purchase a Rather, the evidence supporting any no instances in which an MVPD has bundle of TW and TBS programs that prediction of a postmerger price carried out this threat by dropping one contains substantial amounts of increase consists entirely of customers’ of the marquee services? The absence of ‘‘unwanted’’ programming, TW can tie contentions that program prices would this behavior by MVPDs undermines the empirical basis for the asserted degree of 7 As I have noted, supra n. 2, the Analysis also rise following the acquisition. Although claims that TW could obtain ‘‘substantially greater customers’ opinions on the potential substitutability between the two program services.5 negotiating leverage over cable operator * * * by effects of a transaction often are combining all or some of [the merged firm’s] Faced with this pronounced lack of important, they seldom are dispositive. ‘marquee’ services and offering them as a package evidence to support a conventional Typically the Commission requires ** *’’ If the Analysis uses the term ‘‘negotiating market power story and a conventional leverage’’ to mean ‘‘market power’’ as the latter is substantial corroboration of these remedy, the Commission has sought conventionally defined, then it confronts three opinions from independent information difficulties: (1) The record fails to support the refuge in what appears to be a very sources.4 proposition that the TW and TBS ‘‘marquee’’ different theory of postmerger Independent validation of the channels are close substitutes for each other; (2) competitive behavior. This theory posits even assuming that those channels are close anticompetitive hypothesis becomes an increased likelihood of program substitutes, there are more straightforward ways for ‘‘bundling’’ as a consequence of the TW to exercise postmerger market power; and (3) 4 the remedy does nothing to prevent these more For example, in R.R. Donnelley Sons & Co., et 6 al., Docket No. 9243, the Administrative Law transaction. But there are two major straightforward exercises of market power. See Judge’s decision favoring complaint counsel rested problems with this theory as a basis for discussion supra. in part on his finding that ‘‘[a]s soon as the an enforcement action. First, there is no 8 In ‘‘A Note on Block Booking’’ in The Meredith/Burda acquisition was announced, strong theoretical or empirical basis for Organization of Industry (1968), George Stigler customers expressed concern to the FTC and the analyzed the practice of ‘‘block booking’’—or, in parties about the decrease in competition that might believing that an increase in bundling of current parlance, ‘‘bundling’’—‘‘marquee’’ motion result.’’ (Initial Decision Finding 404.) In TW and TBS programming would occur pictures with considerably less popular films. Some overturning the ALJ’s decision, the Commission years earlier, the United States Supreme Court had cautioned: ‘‘There is some danger in relying on 5 In virtually any case involving less pressure to struck this practice down as an anticompetitive these customer complaints to draw any general come up with something to show for the agency’s ‘‘leveraging’’ of market power from desirable to conclusions about the likely effects of the strenuous investigative efforts, the absence of such undesirable films. United States v. Loew’s Inc., 371 acquisition or about the analytical premises for evidence would lead the Commission to reject a U.S. 38 (1962). As Stigler explained (at 165), it is those conclusions. The complaints are consistent hypothesized product market that included both not obvious why distributors should wish to force with a variety of effects, and many—including those marquee services. Suppose that two producers of exhibitors to take the inferior film: the ALJ relied upon—directly contradict product A proposed to merge and sought to Consider the following simple example. One film, [c]omplaint [c]ounsel’s prediction of unilateral persuade the Commission that the relevant market Justice Goldberg cited Gone with the Wind, is worth price elevation.’’ 5 Trade Reg. Rep. (CCH) ¶23,876 also included product B, but they could not provide $10,000 to the buyer, while a second film, the at 23,660 n. 189 (July 21, 1995). any examples of actual substitution of B for A, or Justice cited Getting Gertie’s Garter, is worthless to Also, in several instances involving hospital any evidence that threats of substitution of B for A him. The seller could sell the one for $10,000, and mergers in concentrated markets, legions of third actually elicited price reductions from sellers of A. throw away the second, for no matter what its cost, parties came forth to attest to the transaction’s In the usual run of cases, this lack of substitutability bygones are forever bygones. Instead the seller efficiency. The Commission has discounted this would almost surely lead the Commission to reject compels the buyer to take both. But surely he can testimony, however, when these third parties could the expanded market definition. But not so here. obtain no more than $10,000, since by hypothesis not articulate or document the source of the 6 As I noted earlier, a remedy that does nothing this is the value of both films to the buyer. Why claimed efficiency, or when the testimony lacked more than prevent ‘‘bundling’’ of different programs not, in short, use his monopoly power directly on corroboration from independent information would fail completely to prevent the manifestations the desirable film? It seems no more sensible, on sources. I believe that the Commission should apply of market power—such as across-the-board price this logic, to block book the two films than it would the same evidentiary standards to the third-party increases—most consistent with conventional be to compel the exhibitor to buy Gone with the testimony in the current matter. horizontal theories of competitive harm. Wind and seven Ouija boards, again for $10,000. 50320 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices up scarce channel capacity and make enhancing from welfare-reducing The vertical theories of competitive entry by new programmers more bundling.11 harm posited in this matter, and the difficult. But even if that strategy were Thus, I am neither convinced that associated remedies, are strikingly assumed arguendo to be profitable,9 the increased program bundling is a likely similar to those to which I objected in order would have only a trivial impact consequence of this transaction nor Silicon Graphics, Inc. (‘‘SGI’’), and the on TW’s ability to pursue it. The order persuaded that any such bundling same essential criticisms apply. In SGI, prohibits only the bundling of TW would be anticompetitive. Were I the Commission’s complaint alleged programming with TBS programming; convinced that anticompetitive anticompetitive effects arising from the TW remains free under the order to bundling is a likely consequence of this vertical integration of SGI—the leading create new ‘‘bundles’’ comprising transaction, I would find the proposed manufacturer of entertainment graphics exclusively TW, or exclusively TBS, remedy inadequate. workstations—with Alias Research, Inc., and Wavefront Technologies, Inc.—two programs. Given that many TW and TBS Vertical Theories of Competitive Harm programs are now sold on an unbundled leading suppliers of entertainment basis—a fact that calls into question the The proposed consent order also graphics software. Although the likelihood of increased postmerger contains a number of provisions acquisition seemingly raised bundling 10—and given that, under the designed to alleviate competitive harm straightforward horizontal competitive majority’s bundling theory, any TW or purportedly arising from the increased problems arising from the combination TBS programming can tie up a cable degree of vertical integration between of Alias and Wavefront, the Commission channel and thereby displace a potential program suppliers and program inexplicably found that the horizontal entrant’s programming, the order hardly distributors brought about by this consolidation was not anticompetitive would constrain TW’s opportunities to transaction.12 I have previously on net.14 Instead, the order addressed carry out this ‘‘foreclosure’’ strategy. expressed my skepticism about only the alleged vertical problems enforcement actions predicated on arising from the transaction. The Finally, all of the above analysis theories of harm from vertical Commission alleged, inter alia, that the implicitly assumes that the bundling of relationships.13 The current complaint acquisitions in SGI would reduce TW and TBS programming, if and proposed order only serve to competition through two types of undertaken, would more likely than not reinforce my doubts about such foreclosure: (1) Nonintegrated software be anticompetitive. The Analysis to Aid enforcement actions and about remedies vendors would be excluded from the Public Comment, however, emphasizes ostensibly designed to address the SGI platform, thereby inducing their that bundling programming in many alleged competitive harms. exit (or deterring their entry); and (2) other instances can be procompetitive. rival hardware manufacturers would be There seems to be no explanation of 11 Perhaps this reflects the fact that the economics denied access to Alias and Wavefront why the particular bundles at issue here literature does not provide clear guidance on this software, without which they could not would be anticompetitive, and no issue. See, e.g., Adams and Yellen, ‘‘Commodity effectively compete against SGI. articulation of the principles that might Bundling and the Burden of Monopoly,’’ 90 Q.J. Similarly, in this case the Commission be used to differentiate welfare- Econ. 475 (1976). Adams and Yellen explain how a monopolist might use bundling as a method of alleges (1) that nonintegrated program price discrimination. (This also was Stigler’s vendors will be excluded from TW and 9 The argument here basically is a variant of the explanation, supra n. 8.) As Adams and Yellen TCI cable systems and (2) that potential argument often used to condemn exclusive dealing note, ‘‘public policy must take account of the fact MVPD entrants into TW’s cable markets as a tool for monopolizing a market. Under this that prohibition of commodity bundling without argument, an upstream monopolist uses its market more may increase the burden of monopoly * ** will be denied access to (or face power to obtain exclusive distribution rights from [M]onopoly itself must be eliminated to achieve supracompetitive prices for) TW and its distributors, thereby foreclosing potential high levels of social welfare.’’ 90 Q.J. Econ. at 498. TBS programming—thus lessening their manufacturing entrants and obtaining additional Adams and Yellen’s conclusion is apposite here: if ability to effectively compete against market power. But there is problem with this the combination of TW and TBS creates (or TW’s cable operations. The complaint argument, as Bork explains in The Antitrust enhances) market power, then the solution is to Paradox (1978): enjoin the transaction rather than to proscribe further charges that the exclusion of [The monopolist can extract in the prices it certain types of bundling, since the latter ‘‘remedy’’ nonintegrated program vendors from charges retailers all that the uniqueness of its line may actually make things worse. And if the TW’s and TCI’s cable systems will is worth. It cannot charge the retailers that full acquisition does not create or enhance market deprive those vendors of scale worth in money and then charge it again in power, the basis for the bundling proscription is exclusively the retailer does not wish to grant. To even harder to discern. economies, render them ineffective suppose that it can is to commit the error of double 12 Among other things, the order (1) constrains competitors vis-a` -vis the TW/Turner counting. If [the firm] must forgo the higher prices the ability of TW and TCI to enter into long-term programming services, and thus confer it could have demanded in order to get exclusivity, carriage agreements (¶ IV); (2) compels TW to sell market power on TW as a seller of then exclusivity is not an imposition, it is a Turner programming to downstream MVPD entrants purchase. Id. at 306; see also id. at 140–43. at regulated prices (¶ VI); (3) prohibits TW from programs to MVPDs in non-TW/non-TCI Although modern economic theory has unreasonably discriminating against non-TW markets. established the theoretical possibility that a programmers seeking carriage on TW cable systems My dissenting statement in SGI monopolist might, under very specific (¶ VII(C)); and (4) compels TW to carry a second 24- identified the problems with this kind circumstances, outbid an entrant for the resources hour news service (i.e., in addition to CNN) (¶ IX). of analysis. For one thing, these two that would allow entry to occur (thus preserving the 13 Dissenting Statement of Commissioner Roscoe monopoly), modern theory also has shown that this B. Starek, III, in Waterous Company, Inc./Hale types of foreclosure—foreclosure of is not a generally applicable result. It breaks down, Products, Inc., File No. 901 0061, 5 Trade Reg. Rep. independent program vendors from the for example, when (as is likely in MVPD markets) (CCH) ¶ 24,076 at 23,888–90; Dissenting Statement TW and TCI cable systems, and many units of new capacity are likely to become of Commissioner Roscoe B. Starek, III, in Silicon foreclosure of independent MVPD firms available sequentially. See, e.g., Krishna, ‘‘Auctions Graphics, Inc. (Alias Research, Inc., and Wavefront with Endogenous Valuations: The Persistence of Technologies, Inc.), Docket No. C–3626 (Nov. 14, from TW and TBS programming—tend Monopoly Revisited,’’ 83 Am. Econ. Rev. 147 1995), 61 Fed. Reg. 16797 (Apr. 17, 1996); Remarks (1993); Malueg and Schwartz, ‘‘Preemptive of Commissioner Roscoe B. Starek, III. ‘‘Reinventing 14 I say ‘‘inexplicably’’ not because I necessarily investment, toehold entry, and the mimicking Antitrust Enforcement? Antitrust at the FTC in 1995 believed this horizontal combination should have principle,’’ 22 RAND J. Econ. 1 (1991). and Beyond,’’ remarks before a conference on ‘‘A been enjoined, but because the horizontal aspect of 10 If bundling is profitable for anticompetitive New Age of Antitrust Enforcement: Antitrust in the transaction would have exacerbated the reasons, why do we not observe TW and TBS now 1995’’ (Marina Del Rey, California, Feb. 24, 1995) upstream market power that would have had to exploiting all available opportunities to reap these [available on the Commission’s World Wide Web exist for the vertical theories to have had any profits? site at http://www.ftc.gov]. possible relevance. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50321 to be mutually exclusive. The very Indeed, under these circumstances, somehow distinguishing them from possibility of excluding independent there is a straightforward reason why each other.19 But in truth, the situations program vendors from TW and TCI vertical integration between a program actually merit similar treatment—albeit cable systems suggests the means by distributor and a program producer not the treatment prescribed by the which MVPDs other than TW and TCI would be both profitable and proposed order. In neither case should can avoid foreclosure. The procompetitive (i.e., likely to result in an enforcement action be brought, nonintegrated program vendors surely lower prices to consumers): Instead of because any welfare loss flowing from have incentives to supply the monopoly markups by both the program either scenario derives from the ‘‘foreclosed’’ MVPDs, and each MVPD producer and the MVPD, there would be structure of the upstream market, which has incentives to induce nonintegrated only one markup by the vertically in turn is determined primarily by the program suppliers to produce integrated firm.17 size of the market and by technology, programming for it.15 Second, and perhaps more important, not by the degree of vertical integration In response to this criticism, one if the reasoning of the complaint is between different stages of production. might argue—and the complaint carried to its logical conclusion, it Third, it is far from clear that TCI’s alleges 16—that pervasive scale constitutes a basis for challenging any incentives to preclude entry into economies in programming, combined vertical integration by large cable programming are the same as TW’s.20 As with a failure to obtain carriage on the operators or large programmers—even if an MVPD, TCI is harmed by the creation TW and TCI systems, would doom that vertical integration were to occur of entry barriers to new programming. potential programming entrants (and via de novo entry by an operator into the Even if TW supplies it with TW ‘‘foreclosed’’ incumbent programmers) programming market, or by de novo programming at a competitive price, TCI because, without TW and/or TCI entry by a programmer into distribution. is still harmed if program variety or carriage, they would be deprived of the Consider the following hypothetical: A innovation is diminished. On the other scale economies essential to their large MVPD announces both that it hand, as a part owner of TW, TCI survival. In other words, the argument intends to enter a particular program benefits if TW’s programming earns goes, the competitive responses of niche and that it plans to drop the supracompetitive returns on sales to ‘‘foreclosed’’ programmers and incumbent supplier of that type of other MVPDs. TCI’s net incentive to ‘‘foreclosed’’ distributors identified in programming. According to the theory sponsor new programming depends on the preceding paragraph never will underlying the proposed complaint, the which factor dominates—its interest in materialize. There are, however, dropped program would suffer program quality and innovation, or its substantial conceptual and empirical substantially from lost scale economies, interest in supracompetitive returns on problems with this argument, and its severely diminishing its competitive TW programming. All of the analyses of implications for competition policy effectiveness, which in turn would which I am aware concerning this have not been fully explored. confer market power on the vertically tradeoff show that TCI’s ownership First, if one believes that integrated entrant in its program sales to interest in TW would have to increase programming is characterized by such other MVPDs. Were the Commission to substantially—far beyond what the substantial scale economies that the loss apply its current theory of competitive current transaction contemplates, or of one large customer results in the harm consistently, it evidently would what would be possible without a affected programmer’s severely have to find this de novo entry into significant modification of TW’s diminished competitive effectiveness programming by this large MVPD internal governance structure 21—for TCI (in the limit, that programmer’s exit), competitively objectionable. to have an incentive to deter entry by then this essentially is an argument that I suspect, of course, that virtually no independent programmers. TCI’s the number of program producers that one would be comfortable challenging incentive to encourage programming can survive in equilibrium (or, perhaps such integration, since there is a general more accurately, the number of program predisposition to regard expansions of 19 One might attempt to differentiate my 18 hypothetical from a situation involving an MVPD’s producers in a particular program capacity as procompetitive. acquisition of a program supplier by arguing that ‘‘niche’’) will be small—with perhaps Consequently, one might attempt to the former would yield two suppliers of the only one survivor. Under the theory of reconcile the differential treatment of relevant type of programming, but the latter only the current case, this will result in a the two forms of vertical integration by one. But this conclusion would be incorrect. If we assume that the number of suppliers that can supracompetitive price for that program. survive in equilibrium is determined by the Further, this will occur irrespective of 17 See, e.g., Tirole, The Theory of Industrial magnitude of scale economies relative to the size of the degree of vertical integration Organization 174–76 (1988). The program price the market, and that the pre-entry market structure between programmers and distributors. reductions would be observed only in those represented an equilibrium, then the existence of geographic markets where TW owned cable two program suppliers will be only a transitory systems. Thus, the greater the number of cable phenomenon, and the market will revert to the 15 Moreover, as was also true in SGI, the proposed subscribers served by TW, the more widespread equilibrium structure dictated by these complaint in the present case characterizes would be the efficiencies. According to the technological considerations—that is, one supplier. premerger entry conditions in a way that appears proposed complaint (¶ 32), TW cable systems serve Upstream integration by the MVPD merely replaces to rule out significant anticompetitive foreclosure of only 17 percent of cable subscribers nationwide, so one program monopolist with another; but as noted nonintegrated upstream producers as a consequence one might argue that the efficiencies are accordingly above, under these circumstances vertical of the transaction. Paragraphs 33, 34, and 36 of the limited. But this, of course, leaves the Commission integration can yield substantial efficiencies. complaint allege in essence that there are few in the uncomfortable position of arguing that TW’s 20 Even TW has mixed incentives to preclude producters of ‘‘marquee’’ programming before the share of total cable subscribership is too small to programming entry. As a programmer allegedly in merger (other than TW and TBS), in large part yield significant efficiencies, yet easily large enough possession of market power, TW would wish to because entry into ‘‘marquee’’ programming is so to generate substantial ‘‘foreclosure’’ effects. deter programming entry to protect this market very difficult (stemming form, e.g., the substantial 18 This would appear true especially when, as power. But as a MVPD, TW—like any other irreversible investments that are required). If that is posited here, there is substantial premerger market MVPD—benefits from the creation of valuable new true—i.e., if the posited programming market power upstream because, under such programming servics that it can sell to its already was effectively foreclosed before the circumstances, vertical integration is a means by subscribers. On net, however, it appears true that merger—then, as in SGI, TW’s acquistion of TBS which a downstream firm can obtain lower input TW’s incentives balance in favor of wishing to could not cause substantial postmerger foreclosure prices. As noted earlier (supra n.17 and prevent entry. of competitively significant alternatives to TW/TBS accompanying text), this integration can be 21 TW has a ‘‘poison pill’’ provision that would programming. procompetitive whether it occurs via merger or make it costly for TCI to increase its ownership of 16 See Paragraph 38.b of the proposed complaint. internal expansion. TW above 18 percent. 50322 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices entry is intensified, moreover, by the provisions merit special attention: (1) of supposedly scarce cable capacity be fact that it has undertaken an ambitious The requirement that TW sell used for a second news service, instead expansion program to digitize its system programming to MVPDs seeking to of for something else. More generally, and increase capacity to 200 channels. compete with TW cable systems at a although remedies in horizontal merger Because this appears to be a costly price determined by a formula cases sometimes involve the creation of process, and because not all cable contained in the order; and (2) the a new competitor to replace the customers can be expected to purchase requirement that TW carry at least one competition eliminated by the digital service, the cost per buyer—and ‘‘Independent Advertising-Supported transaction, no competitor has been lost thus the price—of digital services will News and Information National Video in the present case. Indeed, there is be fairly high. How can TCI expect to Programming Service.’’ substantial entry already occurring in induce subscribers to buy this expensive Under Paragraph VI of the proposed this segment of the programming service if, through programming order, TW must sell Turner market, notwithstanding the severe foreclosure, it has restricted the quantity programming to potential entrants into ‘‘difficulty’’ of entering the markets and quality of programming that would TW cable markets at prices determined alleged in the complaint.27 Obviously, be available on this service tier? 22 by a ‘‘most favored nation’’ clause that the incentives to buy programming from The foregoing illustrates why gives the entrant the same price—or, an independent vendor are diminished foreclosure theories fell into intellectual more precisely, the same ‘‘carriage (all else held constant) when a disrepute: because of their inability to terms’’—that TW charges the three distributor integrates vertically into articulate how vertical integration largest MVPDs currently carrying this programming. This is true whether the harms competition and not merely programming. As is well known, most integration is procompetitive or competitors. The majority’s analysis of favored nation clauses have the capacity anticompetitive on net, and whether the the Program Service Agreement (‘‘PSA’’) to cause all prices to rise rather than to integration occurs via merger or via de illustrates this perfectly. The PSA must fall.24 But even putting this possibility novo entry.28 I could no more support a be condemned, we are told, because a aside, this provision of the order must-carry provision for TW as a result TCI channel slot occupied by a TW converts the Commission into a de facto of its acquisition of CNN than I could program is a channel slot that cannot be price regulator—a task, as I have noted endorse a similar requirement to remedy occupied by a rival programmer. As on several previous occasions, to which the ‘‘anticompetitive consequences’’ of 25 Bork noted, this is a tautology, not a we are ill-suited. During the de novo integration by TW into the 23 theory of competitive harm. It is a investigation third parties repeatedly news business. theory of harm to competitors— informed me of the difficulty that the [FR Doc. 96–24599 Filed 9–24–96; 8:45 am] competitors that cannot offer TCI Federal Communications Commission inducements (such as low prices) has encountered in attempting to BILLING CODE 6750±01±P sufficient to cause TCI to patronize them enforce its nondiscrimination rather than TW. regulations. The FTC’s regulatory All of the majority’s vertical theories burden would be lighter only because, DEPARTMENT OF HEALTH AND in this case ultimately can be shown to perversely, our pricing formula would HUMAN SERVICES be theories of harm to competitors, not disallow any of the efficiency-based Agency for Toxic Substances and to competition. Thus, I have not been rationales for differential pricing Disease Registry persuaded that the vertical aspects of recognized by the Congress and the 26 this transaction are likely to diminish FCC. Request for Nominations of competition substantially. Even were I Most objectionable is Paragraph IX of Candidates to Serve on the Citizens to conclude otherwise, however, I could the order, the ‘‘must carry’’ provision Advisory Committee on Public Health not support the extraordinarily that compels TW to carry an additional Service Activities and Research at regulatory remedy contained in the 24-hour news service. I am baffled how Department of Energy Sites: Hanford proposed order, two of whose the Commission has divined that Health Effects Subcommittee consumers would prefer that a channel 22 Note too that there is an inverse relationship The Agency for Toxic Substances and between TCI’s ability to prevent programming entry 24 See, e.g., RxCare of Tennessee, Inc., et al., Disease Registry and the Centers for and its incentives to do so. Much of the analysis Docket No. C–3664, 5 Trade Reg. Rep. (CCH) Disease Control and Prevention are in this case has emphasized that TCI’s size (27 ¶ 23,957 (June 10, 1996); see also Cooper and Fries, percent of cable households) gives it considerably ‘‘The most-favored-nation pricing policy and soliciting additional nominations for ability to determine which programs succeed and negotiated prices,’’ 9 int’l J. Ind. Org. 209 (1991). possible membership on the Citizens which fail, and the logic of the proposed complaint The logic is straightforward: if by cutting price to Advisory Committee on Public Health is that TCI will exercise this ability so as to protect another (noncompeting) MVPD TW is compelled Service Activities and Research at TW’s market power in program sales to non-TCI also to cut price to downstream competitors, the MVPDs. But although increases in TCI’s size may incentives to make this price cut is diminished. Department of Energy (DOE) Sites: increase its ability to preclude entry into Although this effect might be small in the early Hanford Health Effects Subcommittee. programming, at the same time such increases years of the order (when the gains to TW from The Subcommittee is charged with reduce TCI’s incentives to do so. The reasoning is cutting price to a large independent MVPD might providing advice and recommendations simple: as the size of the non-TW/non-TCI cable swamp the losses from cutting price to its market shrinks, the supracompetitive profits downstream competitors) its magnitude will grow to the Director, Centers for Disease obtained from sales of programming to this sector over the order’s 10-year duration, as TW cable also shrink. Simultaneously, the harm from TCI (as systems confront greater competition. 27 The Microsoft/NBC joint venture, MSNBC, a MVPD) from precluding the entry of new 25 See my dissenting statements in Silicon already is in service; the Fox entry apparently will programmers increases with TCI’s subscriber share. Graphics and Waterous/Hale, supra n.13. also be operational shortly. (In the limit—i.e., if TCI and TW controlled all 26 Mirroring the applicable statute, the FCC rules 28 The premise inherent in this provision of the cable households—there would be non non-TW/ governing the sale of cable programming by order is that TW can ‘‘foreclose’’ independent non-TCI MVPDs, no sales of programming to such vertically integrated programmers to nonaffiliated programming entry in independently (i.e., without MVPDs, and thus no profits to be obtained from MVPDs allow for price differentials reflecting, inter the cooperation of TCI, whose incentives to sponsor such sales.) Any future increases in TCI’s subscriber alia, ‘‘economies of scale, cost savings, or other independent programming are ostensibly preserved share would, other things held constant, reduce is direct and legitimate economic benefits reasonably by the stock ownership cap contained in Paragraphs incentives to ‘‘foreclose;’’ entry by independent attributable to the number of subscribers served by II and III of the order). Given that TW has only 17 programmers. the distributor.’’ 47 U.S.C. § 548(c)(2)(B)(iii); 47 percent of total cable subscribership, I find this 23 /Bork, The Antitrust Paradox, supra n.9, at 304. C.F.R. 76.1002(b)(3). proposition fanciful. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50323

Control and Prevention (CDC), and the Centers for Disease Control and ACTION: Notice. Administrator, Agency for Toxic Prevention Substances and Disease Registry SUMMARY: The Food and Drug (ATSDR), regarding community, The National Center for HIV, STD, and Administration (FDA) is withdrawing 3 American Indian Tribes, and labor TB Prevention (NCHSTP) of the abbreviated antibiotic applications concerns pertaining to CDC’s and Centers for Disease Control and (AADA’S) and 13 abbreviated new drug Prevention (CDC) Announces the ATSDR’s public health activities and applications (ANDA’s). The basis for the Following meeting research at respective DOE sites. withdrawals is that the sponsors have Activities shall focus on providing a Name: Consultation on Partner Notification repeatedly failed to file required annual forum for community, American Indian Program Policies in Disease Control Efforts reports for these applications. Tribal, and labor interaction and serve Conducted by Public Health Programs in the EFFECTIVE DATE: September 25, 1996. as a vehicle for community concern to United States. Time and Date: 8 a.m.–5 p.m., October 17, be expressed as advice and 1996; 8 a.m.–1 p.m., October 18, 1996. FOR FURTHER INFORMATION CONTACT: recommendations to CDC and ATSDR. Place: Atlanta Marriott North Central, 2000 Olivia A. Vieira, Center for Drug The Hanford Health Effects Century Boulevard NE, Atlanta, Georgia, Evaluation and Research (HFD–7), Food Subcommittee (HHES) was established 30345, telephone 404/325–0000, fax 404/ and Drug Administration, 7500 Standish to advise the ATSDR and CDC on 325–4920. Pl., Rockville, MD 20855, 301–594– Status: Open to the public for 1046. human health studies and public health participation, comment, and observation, activities that the agencies may limited only by the space available. The SUPPLEMENTARY INFORMATION: The undertake to address human exposures meeting room accommodates approximately holders of approved applications to to historical releases of hazardous 65 people. Purpose: To invite comment from market new drugs or antibiotics for materials from the Hanford Nuclear human use are required to submit Reservation in eastern Washington recognized representatives of public health agencies and the public on proposed public annual reports to FDA concerning each State. health principles and practices of partners of their approved applications in Nominiations are being sought to notification services used to control accordance with § 314.81 (21 CFR broaden the pool of available expertise, infectious diseases such as HIV and STD in 314.81). including the areas of occupational/ the United States. Currently CDC requires all health In the Federal Register of March 15, environmental public health, social department recipients of HIV prevention 1996 (61 FR 10768), FDA offered an sciences/psychology, and science/health funding to ‘‘establish standards and opportunity for a hearing on a proposal physics. Close attention will be given to implement procedures for partner notification consistent with State/local to withdraw approval of 17 abbreviated minority and female representation so applications because the firms had long as the effectiveness of the needs, priorities, and resources availability.’’ Summarily, STD cooperative agreements also failed to submit the required annual Subcommittee is not impaired. require grantees to have provisions for reports for these applications. Nominations for new members will be partner notification services. Matters to be discussed: The panel of One application holder, Superpharm accepted by fax or written Corp. notified the agency in writing that correspondence. Submissions must expert consultants will examine future directions in partner notification policy, ANDA 89–184, Acetaminophen and include the nominee’s qualifications to practice and research for the purpose of Codeine Phosphate Tablets, is no longer serve, personal assets for working on the disease control in the United States marketed and requested that approval of Subcommittee, and a current resume or concerning HIV and STD. the application be withdrawn. FDA Agenda items are subject to change as curriculum vitae. The closing date for withdrew approval of ANDA 89–184 in nominations is October 15, 1996. priorities dictate. Contact person for more information: Jill the Federal Register of August 5, 1996 Nominations should be sent to: Mr. Leslie, Division of HIV/AIDS Prevention, (61 FR 40649). James K. Carpenter, Executive Secretary, NCHSTP, CDC, M/S E40, 1600 Clifton Road, NE, Atlanta, Georgia 30303, telephone 404/ The holders of the other 16 HHES, 1600 Clifton Road, NE, M/S E– applications did not respond to the 28, Atlanta, Georgia 30333; Fax 404/ 639–2918. Dated: September 19, 1996. notice of opportunity for a hearing. 639–0759, E-Mail Failure to file a written notice of [email protected]. Carolyn J. Russell, Director, Management Analysis and Services participation and request for a hearing Dated: September 18, 1996. Office, Centers for Disease Control and as required by 21 CFR 314.200 Carolyn J. Russell, Prevention (CDC). constitutes an election by the applicant Director, Management Analysis and Services [FR Doc. 96–24548 Filed 9–24–96; 8:45 am] not to make use of the opportunity for Office, Centers for Disease Control and BILLING CODE 4163±18±M a hearing concerning the proposal to Prevention (CDC). withdraw approval of the applications [FR Doc. 96–24547 Filed 9–24–96; 8:45 am] and a waiver of any contentions Food and Drug Administration BILLING CODE 4163±70±M concerning the legal status of the drug [Docket No. 96N±0075] products. Therefore, the Director, Center for Hance Brothers and White Co., et al.; Withdrawal of Approval of 16 Drug Evaluation and Research, is Abbreviated Applications withdrawing approval of the applications listed in the table in this AGENCY: Food and Drug Administration, document. HHS. 50324 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

Application no. Drug Applicant AADA 60±276 ...... Neomycin and Polymyxin B Sulfates and Bacitracin Ointment ...... Hance Brothers and White Co. AADA 60±422 ...... Tetracycline Hydrochloride Tablets ...... Premo Pharmaceutical Laboratories, Inc. AADA 62±362 ...... Erythromycin Estolate Suspension, 250 milligrams (mg) per 5 milliliters Life Laboratories, Inc. (mL). ANDA 80±126 ...... Isoniazid Tablets, 300 mg ...... Everylife. ANDA 80±689 ...... Cyanocobalamin Injection, USP, 30 micrograms (µg) per mL, 100 µg/ Dell Laboratories, Inc. mL, and 100 µg/mL. ANDA 83±387 ...... Lidocaine Hydrochloride Injection, USP, 1% ...... Do. ANDA 83±388 ...... Lidocaine Hydrochloride Injection, USP, 2% ...... Do. ANDA 83±665 ...... Vitamin A Capsules, USP ...... Wharton Laboratories. ANDA 83±771 ...... Pyridoxine Hydrochloride Injection, USP, 50 mg/mL ...... Dell Laboratories, Inc. ANDA 83±772 ...... Pyridoxine Hydrochloride Injection, USP, 100 mg/mL ...... Do. ANDA 83±775 ...... Thiamine Hydrochloride Injection, USP, 100 mg/mL ...... Do. ANDA 86±519 ...... Chlorpheniramine Maleate Tablets, USP, 4 mg ...... Newtron Pharmaceuticals, Inc. ANDA 86±987 ...... Brompheniramine Maleate Tablets, USP, 4 mg ...... Do. ANDA 87±791 ...... Fluorouracil Injection, 50 mg/mL ...... Marcher Laboratories, Ltd. ANDA 88±871 ...... Hydrocodone Bitartrate and Acetaminophen, 5 mg/500 mg ...... Abana Pharmaceuticals, Inc. ANDA 89±538 ...... Meprobamate Tablets, USP, 400 mg ...... K. M. Lee Laboratories.

The Director, Center for Drug handling fee of $4.00 for one copy of the Indian Health Service Evaluation and Research, under section data base, $6.00 for two copies, and Submission for OMB review; Comment 505(e) of the Federal Food, Drug, and $8.00 for three or more copies. Payment Request, Indian Health Service Loan Cosmetic Act (21 U.S.C. 355(e)), and may be made by check, money order, Repayment Program under authority of 21 CFR 5.82, finds charge card (American Express, VISA, that the holders of the applications or MasterCard), or by billing SUMMARY: Under the provisions of listed above have repeatedly failed to arrangements made with NTIS. Charge Section 3506(c)(2)(A) of the Paperwork submit reports required by § 314.81. card orders must include the charge Reduction Act of 1995, the Indian Therefore, under this finding, approval account number and expiration date. Health Service (IHS) has submitted to of the applications listed above, and all For telephone orders or further the Office of Management and Budget amendments and supplements thereto, information on placing an order call (OMB) a request to review and approve is hereby withdrawn, effective NTIS at 703–487–4650. the information collection listed below. September 25, 1996. This proposed information collection FOR FURTHER INFORMATION CONTACT: Dated: August 25, 1996. activity was previously published in the Janet Woodcock, Byron O. Bohannon, Center for Food Federal Register (61 FR 17903) and Director, Center for Drug Evaluation and Safety and Applied Nutrition (HFS– allowed 60 days for public comment. No Research. 308), Food and Drug Administration, public comments were received. The [FR Doc. 96–24610 Filed 9–24–96; 8:45 am] 200 C St. SW., Washington, DC 20204, purpose of this notice is to allow 30 BILLING CODE 4160±01±F 202–205–4152. days for public comments to be SUPPLEMENTARY INFORMATION: FDA is submitted to the OMB. The IHS may not Pesticide Residue Monitoring Data making available its FY 95 pesticide conduct or sponsor, and the respondent Base for Fiscal Year 1995; Availability residue monitoring data as a set of three is not required to respond to any AGENCY: Food and Drug Administration, personal computer diskettes. The data information collection that has been HHS. base includes FDA pesticide monitoring extended, revised, or implemented on or ACTION: Notice. coverage and findings for FY 95 by after October 1, 1995, unless it displays country/food product/pesticide a currently valid OMB control number. SUMMARY: The Food and Drug combination. The data base is Administration (FDA) is announcing the PROPOSED COLLECTION: Title: Indian availability of Fiscal Year (FY) 1995 accompanied by a search program and Health Service Loan Repayment pesticide residue monitoring data on report formats, written in dBase III+. Program (LRP). Type of Information computer diskettes. This is the fourth Each year FDA receives numerous Collection Request: A 3-year annual comprehensive compilation and requests for these data. FDA has reinstatement with change of previously public release of FDA monitoring data determined that it will facilitate approved information collection 0917– for pesticide residues in foods. The dissemination of these data to interested 0014, ‘‘Indian Health Service Loan agency is making the information persons if the agency provides for their Repayment Program.’’ Need and Use of available on computer diskettes to general availability in a standardized Information Collection: The information facilitate its dissemination to interested diskette. A user’s manual is provided is needed to identify and select persons. that contains installation instructions qualified health professionals to fill ADDRESSES: Pesticide residue and describes the structure and content priority health professional vacancies at monitoring data on computer diskettes of the data base. IHS health care facilities. The may be ordered from the National Dated: September 19, 1996. information collected is used to: Technical Information Service (NTIS), William K. Hubbard, evaluate applicant eligibility; rank and U.S. Department of Commerce, 5285 Associate Commissioner for Policy prioritize applicants by specialty; assign Port Royal Rd., Springfield, VA 22161. Coordination. applicants to IHS health care facilities; Orders must reference NTIS order [FR Doc. 96–24611 Filed 9–24–96; 8:45 am] determine payment amounts and number PB96–503156 and include a BILLING CODE 4160±01±F schedules for paying the lending payment of $50.00 for each copy of the institutions; and, to provide data and data base. In addition, there is a statistics for program management Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50325 review and analysis. The annual burden hour estimate for this information collection activity follows:

No. of re- Responses Average burden per IHS LRP application per respond- 1 spondents ent response (hours)

Section I ...... 350 1 0.25 (15 mins.) Section II ...... 350 1 0.50 (30 mins.) Section III ...... 350 4 0.25 (15 mins.) Contract ...... 350 1 0.334 (20 mins.) Affidavit ...... 350 1 0.167 (10 mins.) Lender Cert ...... 1400 2 1 0.25 (15 mins.) 1 Provided in decimal unit values of an hour and in actual minutes. 2 Based on average number of repayment loans per application.

REQUEST FOR COMMENTS: Written Dated: September 9, 1996. californica) and Crampton’s tuctoria comments and suggestions from the Michael H. Trujillo, (Tuctoria mucronata) throughout the public and affected agencies are invited Assistant Surgeon General Director. range of these species in northern on one or more of the following points: [FR Doc. 96–24571 Filed 9–24–96; 8:45 am] California to restore, augment, and (a) Whether the information collection BILLING CODE 4160±16±M create populations and habitat for the activity is necessary for the proper purpose of enhancing their survival. performance of the function of the Permit No. 815539 agency, including whether the DEPARTMENT OF THE INTERIOR information will have practical utility; Fish and Wildlife Service Applicant: Michael S. Marangio, San (b) the accuracy of the agency’s estimate Francisco, California. The applicant of the burden of the proposed collection Endangered and Threatened Species requests a permit to take (harass by of information, including the validity of Permit Applications survey, capture, and release) the Santa the methodology and assumptions used Cruz long-toed salamander (Ambystoma AGENCY: Fish and Wildlife Service, macrodactlyum croceum), and the San to determine the estimate; (c) ways to Interior. enhance the quality, utility, and clarity Francisco garter snake (Thamnophis ACTION: Notice of receipt of applications. of the information to be collected; and sirtalis tetrataenia) in conjunction with (d) ways to minimize the burden of the SUMMARY: The following applicants have presence and absence surveys collection of information on those who applied for a permit to conduct certain throughout the range of the species in are to respond, including through the activities with endangered species. This California for the purpose of enhancing use of automated collection techniques notice is provided pursuant to the their survival. or other forms of information Endangered Species Act of 1973, as Permit No. 817399 technology. amended (16 U.S.C. 1531, et seq.). Applicant: Susan V. Christopher, DIRECT COMMENTS TO OMB: Written Permit No. 795938 Santa Barbara, California. The applicant comments and suggestions regarding the Applicant: Dana C. Bland, Aptos, item(s) contained in this notice, requests a permit to take (harass by California. The applicant requests an survey, capture, and release) the arroyo especially regarding the estimated amendment of her permit to take the southwestern toad (Bufo microscaphus public burden and associated response Santa Cruz long-toed salamander californicus) in conjunction with time, should be directed to the: Office (Ambystoma macrodactlyum croceum) presence and absence surveys within of Management and Budget, Office of to include toe-clipping adults and San Diego, Los Angeles, Riverside, Regulatory Affairs, New Executive juveniles, and collection of voucher Ventura, Santa Barbara, San Luis Office Building, Room 10235, specimens in conjunction with Obispo, Monterey, Orange, and Kern Washington, DC 20503, Attention: Desk distribution and abundance studies in Counties, California for the purpose of Officer for IHS. To request more Santa Cruz County, California for the enhancing its survival. information on the proposed purpose of enhancing the survival of the information collection activity or to species. Permit No. 702631 obtain a copy of the data collection Permit No. 815529 Applicant: Assistant Regional plan(s) and/or instrument(s), contact: Applicant: Sierra View Landscape, Director-Ecological Services, Region 1, Mr. Lance Hodahkwen, Sr., M.P.H., IHS Carmichael, California. The applicant U.S. Fish and Wildlife Service, Reports Clearance Officer, 12300 requests a permit to: take (collect, Portland, Oregon. The applicant Twinbrook Plaza, Suite 450, Rockville, relocate, and release) the Conservancy requests amendment of his permit to MD 20857; or call non-toll-free number fairy shrimp (Branchinecta conservatio), include authorization to remove and (301) 443–0461; or send via facsimile to longhorn fairy shrimp (Branchinecta reduce to possession specimens of the (301) 443–1522 or Internet (include your longiantenna), vernal pool tadpole following plant species: Pritchardia address) to: shrimp (Lepidurus packardi), vernal aylmer-robinsonii (wahane), [email protected]. pool fairy shrimp (Branchinecta lynchi) Amaranthus brownii (plant, no common COMMENTS DUE DATE: Comments and the valley elderberry longhorn name), Pritchardia remota (loulu), and regarding this information collection beetle (Desmocerus californicus Schiedea verticillata (plant, no common activity are best assured of having their demorphus); and remove and reduce to name) throughout their range for full effect if received on or before possession the Butte County recovery efforts in order to enhance October 25, 1996. meadowfoam (Limnanthes floccosa ssp. their propagation and survival. 50326 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

DATES: Written comments on these DATES: The BLM must receive were issued on May 5, 1983, 48 FR permit applications must be received on comments on the proposed information 20368. or before October 25, 1996. collection by November 25, 1996 to Protests are part of the Department of ADDRESSES: Written data or comments assure its consideration of them. the Interior’s responsibility to should be submitted to the Chief, ADDRESSES: Mail comments to: Director adjudicate disputes over public lands, a Division of Consultation and (480), Bureau of Land Management, responsibility it has had since its Conservation Planning, Ecological 1849 C Street NW., Room 1075LS, beginning in March 1849. Individuals Services, U.S. Fish and Wildlife Service, Washington, DC 20240. and groups protesting proposed 911 N.E. 11th Avenue, Portland, Oregon Send comments via Internet to: decisions contained in land-use plans 97232–4181. Please refer to the [email protected]. are required to provide the information respective permit number for each Please include ‘‘ATTN: 1004–PLAN’’ identified at 43 CFR Subpart 1610. The application when submitting comments. and your name and return address in BLM requires no special form or format All comments, including names and your Internet message. for the information supplied by addresses, received will become part of You may hand-deliver comments to protestants. The information required the official administrative record and the Bureau of Land Management from each protestants is (1) name, may be made available to the public. Administrative Record, Room 401, 1620 mailing address, telephone number and FOR FURTHER INFORMATION CONTACT: L Street, NW., Washington, DC. interest, (2) a statement of the issue(s) Documents and other information The BLM will make comments being protested, (3) a statement of the submitted with these applications are available for public review at the L part(s) of the plan or amendment being available for review, subject to the Street address during regular business protested, (4) a copy of all documents requirements of the Privacy Act and hours (7:45 a.m. to 4:15 p.m.), Monday addressing the issue supplied during the Freedom of Information Act, by any through Friday. planning process or information about party who submits a written request for FOR FURTHER INFORMATION CONTACT: the date that the issue(s) were discussed a copy of such documents within 30 and (5) a concise statement explaining days of the date of publication of this Carole Smith, Resource Planning Team, why the decision is erroneous. notice, to the following office: U.S. Fish (202) 452–0367. and Wildlife Service, Ecological SUPPLEMENTARY INFORMATION: In The BLM uses the information Services, Division of Consultation and accordance with 5 CFR 1320.12(a), the provided by the applicant to review the Conservation Planning, 911 N.E. 11th BLM is required to provide 60-day process used in reaching the proposed Avenue, Portland, Oregon 97232–4181. notice in the Federal Register decision and determine whether or not Telephone: 503–231–2063; FAX: 503– concerning a collection of information procedures were followed and whether 231–6243. Please refer to the respective contained in a published current rule to or not the decision maker relied on permit number for each application solicit comments on (a) Whether the erroneous information in mailing the when requesting copies of documents. proposed collection of information is decision. If the BLM did no collect this Dated: September 13, 1996. necessary for the proper performance of information, it could not determine the functions of the agency, including Thomas Dwyer, whether or not BLM officials followed whether the information will have correct procedures in preparing land- Acting Regional Director, Region 1, Portland, practical utility; (b) the accuracy of the Oregon. use plans and in making resource use agency’s estimate of the burden of the and allocation decisions. [FR Doc. 96–24546 Filed 9–24–96; 8:45 am] proposed collection of information, Based on the BLM’s experience BILLING CODE 4310±55±P including the validity of the administering the activities described methodology and assumptions used; (c) above, the public reporting burden for ways to enhance the quality, utility, and Bureau of Land Management the information collected is estimated to clarity of the information to be average 2 hours per response. The [WO±480±1610±02±24 1A] collected; and (d) ways to minimize the respondents are individuals and groups burden of the collection of information that believe that proposed decisions Approval of Information Collection to those who are to respond, including through the use of appropriate affect or could adversely affect their AGENCY: Bureau of Land Management, interests. The frequency of response is Interior. automated, electronic, mechanical, or other technological collection occasionally, whenever the BLM issues ACTION: Notice and request for a resource management plan or plan comments. techniques or other forms of information technology. The BLM will receive and amendment affecting or potentially affecting their interests. The number of SUMMARY: In accordance with the analyze any comments sent in response responses per year is estimated to be Paperwork Reduction Act of 1995, the to this notice and include them with its Bureau of Land Management (BLM) request for approval from the OMB about 50. The estimated total annul announces its intention to request under 44 U.S.C. 3501 et seq. burden on new respondents is about 100 approval from the Office of Management The BLM prepares, amends and hours. The BLM is specifically and Budget (OMB) to collect certain revises land-use plans through the requesting your comments on its information from individuals and authority of the Federal Land Policy and estimate of the amount of time that it groups protesting proposed decisions in Management Act. Section 202 of the takes to prepare a protest and the steps regional land-use plans, called Federal Land Policy and Management involved in preparing a protest. The ‘‘resource management plans’’ or Act requires the BLM to prepare land- BLM’s estimate is 2 hour per protest. ‘‘management framework plan use plans, which contain decisions The BLM will summarize all amendments.’’ The BLM will use this authorizing managers to take actions to responses to this notice and include information to process and respond to allocate, eliminate or restrict resource them in the request for Office of requests for administrative review and land uses on public lands. The Management and Budget approval. All (protests) of these decisions by affected implementing regulations are found at comments will also become a matter of individuals and groups. 43 CFR Subpart 1610. The regulations public record. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50327

Dated: September 18, 1996. The Saturday council meeting will The land will be offered by direct sale Dr. Annetta L. Cheek, begin at 8 a.m. at Owl Canyon to Tom Stevens. Chief, Regulatory Management Team. Campground. The council will review The land described is hereby [FR Doc. 96–24580 Filed 9–24–96; 8:45 am] the Thursday and Friday tours and segregated from appropriation under the BILLING CODE 4310±84±M discussions. Additional topics will public land laws, including the mining include the District Manager and Area laws, until the land is sold or 2 years Manager reports, the Advisory Council from publication of this notice, [CA±060±06±1990±00] meeting schedule, and the public whichever occurs first. Detailed comment period. information concerning this disposal, Meeting of the California Desert All Desert District Advisory Council including dates, price, patent District Advisory Council meetings are open to the public. Time reservations, procedures, etc. will be SUMMARY: Notice is hereby given, in for public comment may be made available upon request. accordance with Public Laws 92–463 available by the Council Chairman ADDRESSES: Bureau of Land and 94–579, that the California Desert during the presentation of various Management, Canon City District, 3170 District Advisory Council to the Bureau agenda items, and is scheduled at the East Main Street, Canon City, Colorado of Land Management, U.S. Department end of the meeting for topics not on the 81212. agenda. of the Interior, will participate in a 3- DATES: Interested parties may submit Written comments may be filed in day field meeting on Thursday, October comments to the District Manager at the advance of the meeting for the 24 and Friday, October 25, 1996, from above address until November 8, 1996. 8:00 a.m. to 5:00 p.m., and Saturday, California Desert District Advisory FOR FURTHER INFORMATION CONTACT: October 26 from 8:00 a.m. to 12 noon. Council, c/o Bureau of Land Lindell Greer, Realty Specialist at (719) The council will establish a base camp Management, Public Affairs Office, 6221 269–8532. at BLM’s Owl Canyon Campground, Box Springs Boulevard, Riverside, located off State Highway 58 California 92507–0714. Written SUPPLEMENTARY INFORMATION: Any approximately eight miles north of comments also are accepted at the time adverse comments will be evaluated by Barstow. The Council Chair will of the meeting and, if copies are the State Director, and he may vacate, announce alternative meeting provided to the recorder, will be modify, or continue this realty action. arrangements Thursday morning should incorporated into the minutes. Stuart L. Freer, inclement weather become an issue. FOR FURTHER INFORMATION AND MEETING Associate District Manager. CONFIRMATION: Council members and the public will [FR Doc. 96–24560 Filed 9–24–96; 8:45 am] assemble for the Thursday field tour at Contact the Bureau of Land the Barstow Resource Area office, Management, California Desert District, BILLING CODE 4310±JB±P located at 150 Coolwater Lane at 7:45 Public Affairs Office, 6221 Box Springs a.m., and depart at 8:00 a.m. Tour Boulevard, Riverside, California 92507– discussions will focus on vegetation. 0714; (909) 697–5215. [CA±942±5700±00] The first stop will be along the Harper Dated: September 19, 1996. Filing of Plats of Survey; California Lake Road, and then proceed to the Jo Simpson, Harper Dry Lake Area of Critical Assistant District Manager, External Affairs. AGENCY: Bureau of Land Management, Environmental Concern. The tour will Interior. continue to the Coolgardie area, where [FR Doc. 96–24545 Filed 9–24–96; 8:45 am] ACTION: Notice. the council will be briefed on mining- BILLING CODE 4310±84±M related issues. The tour will conclude at SUMMARY: The purpose of this notice is Owl Canyon Campground. to inform the public and interested state Council members and members of the [COC±59565, COC±59571; CO±050±1430± and local government officials of the 01] public will assemble at 7:15 a.m., at Owl latest filing of Plats of Survey in Canyon Campground for the Friday field Notice of Realty Action; Colorado California. tour and depart at 7:30 a.m. The first DATES: Unless otherwise noted, filing stop will be Afton Canyon. BLM staff AGENCY: Bureau of Land Management, was effective at 10:00 a.m. on the next and council members will discuss Interior. federal work day following the plat vegetation and grazing issues. The tour ACTION: Notice of realty action, direct acceptance date. will proceed to the Razor Off-Highway sale of public lands in Teller and FOR FURTHER INFORMATION CONTACT: Vehicle open area to discuss vegetation, Boulder Counties Colorado. resource management, and the proposed Clifford A. Robinson, Chief, Branch of Cadastral Survey, Bureau of Land recreation fee demonstration projects. SUMMARY: The following described land The last stop will be at Silurian Dry has been examined and found suitable Management (BLM), California State Lake for a briefing on the proposed Fort for disposal under Section 203 of the Office, 2135 Butano Drive, Sacramento, Irwin expansion. The tour will return to Federal Land Policy and Management CA 95825, 916–979–2890. Owl Canyon Campground. Act of 1976 (43 U.S.C. 1713) at no less SUPPLEMENTARY INFORMATION: The plats Members of the public are welcome to than the appraised fair market value: of Survey of lands described below have camp out with the council at Owl 6th Principal Meridian, Colorado T. been officially filed at the California Canyon Campground and participate in 15 S., R. 70 W., Sections 13 and 14: State Office of the Bureau of Land the field tours. They should dress parcel A, as recorded in Teller County, Management in Sacramento, CA. appropriately and provide their own Colorado Clerk and Recorders Office in Humboldt Meridian, California transportation, camping gear, food, and Book 1–LS at Page 204; contains 3.921 T. 5 N., R. 6 E., beverage. Anyone interested in acres. The land will be offered by direct Dependent resurvey, subdivision of participating in the camp-out should sale to the Cripple Creek-Victor School sections, and metes-and-bounds survey, contact BLM at (909) 697–5215 for more District Re–1. T. 1 N., R. 71 W., Section and survey, (Group 1002) accepted information. 8: Lot 140; contains 0.06 acres. August 1, 1996, to meet certain 50328 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

administrative needs of the US Forest administrative needs of the Forest and will be considered in the final Servcie, Shasta-Trinity National Forest. Service, Inyo National Forest. review. The offices of the park are open FR. T. 6 N., R. 1 W., San Bernardino Meridian, California 8:00 am to 4:30 pm, Monday through Dependent resurvey subdivision of section Friday. 26, metes-and-bounds survey, (Group T. 1 S., R. 17 W., 1233) accepted August 2, 1996, to meet Dependent resurvey, metes-and-bounds Dated: September 17, 1996 certain administrative needs of the BLM, survey, and subdivision of section 7, John H. Dryfhout, (Group 1210) accepted August 21, 1996, Arcata Resource Area. Superintendent. to meet certain administrative needs of Mount Diablo Meridian, California the National Park Service, Santa Monica [FR Doc. 96–24572 Filed 9–24–96; 8:45 am] T. 37 N., R. 11 W., National Recreation Area. BILLING CODE 4310±70±P Dependent resurvey, subdivision of section T. 4 N., R. 14 W., 11, and metes-and-bounds survey, Dependent resurvey and subdivision, (Group 1152) accepted June 6, 1996, to (Group 1200) accepted August 22, 1996, Niobrara National Scenic River meet certain administrative needs of the to meet certain administrative needs of Advisory Commission US Forest Service, Klamath and Shasta- the US Forest Service, Angeles National Trinity National Forests. Forest. AGENCY: National Park Service, Interior. T. 8 S., R. 33 E., T. 12 S., R. 10 E., ACTION: Notice of meeting. Corrective dependent resurvey, (Group Dependent resurvey, (Group 1163) 1235) accepted August 1, 1996, to meet accepted August 26, 1996, to meet SUMMARY: This notice sets the schedule certain administrative needs of the BLM, certain administrative needs of the BLM, for the forthcoming meeting of the California Desert District, Ridgecrest California Desert District, El Centro Niobrara National Scenic River Resource Area. Resource Area. Advisory Commission. Notice of this T. 2 N., 14 E., All of the above listed survey plats are meeting is required under the Federal 1 1 Supplemental plat of the NE ⁄4 of the SW ⁄4 now the basic record for describing the Advisory Committee Act (Pub. L. 92– of section 29, accepted August 6, 1996, lands for all authorized purposes. The 463). to meet certain administrative needs of the BLM, Bakersfield District, Folsom survey plats have been placed in the DATES: Wednesday, October 9, 1996; Resource Area. open files in the BLM, California State 1:30 p.m. T. 30 S., R. 33 E., Office, and are available to the public as ADDRESSES: The Peppermill Restaurant Dependent resurvey and metes-and-bounds a matter of information. Copies of the Meeting Room, Valentine, Nebraska. survey of lot 20 in section 21, (Group survey plats and related field notes will AGENDA: (1) Review of final Niobrara 1224) accepted August 7, 1996, to meet be furnished to the public upon National Scenic River General certain administrative needs of the BLM, payment of the appropriate fee. Bakersfield District, Caliente Resource Management Plan and Environmental Area. Dated: September 6, 1996. Impact Report; (2) Discussion of steps T. 16 N., R. 8 W., Clifford A. Robinson, involved in the formation of the Dependent resurvey and metes-and-bounds Chief, Branch of Cadastral Survey. Niobrara Council; (3) The opportunity survey of tract 37, (Group 1189) accepted [FR Doc. 96–24446 Filed 9–24–96; 8:45 am] for public comment and proposed August 13, 1996, to meet certain BILLING CODE 4310±40±M agenda, date, and time, of the next administrative needs of the US Forest Advisory Group meeting. The meeting is Service, Mendocino National Forest. open to the public. Interested persons T. 27 S., R. 35 E., may make oral/written presentation to Dependent resurvey and metes-and-bounds National Park Service survey, (Group 1123) accepted August the Commission or file written 13, 1996, to meet certain administrative Land Acquisition Plan for Saint- statements. Requests for time for making needs of the BLM, Bakersfield District, Gaudens National Historic Site, New presentations may be made to the Caliente Resource Area. Hampshire; Notice of Availability and Superintendent prior to the meeting or T. 21 N., R. 16 E., Public Comment Period to the Chair at the beginning of the Dependent resurvey and subdivision of meeting. In order to accomplish the In accordance with the National Park sections, (Group 1144) accepted August agenda for the meeting, the Chair may Service (36 CFR Ch 1) instructions for 19, 1996, to meet certain administrative want to limit or schedule public the preparation of land protection plans needs of the US Forest Service, Tahoe presentations. The meeting will be and Toiyabe National Forests. and the Department of the Interior’s recorded for documentation and a Fr. T. 32 N., R. 11 E., policy for the Federal Portion of the summary in the form of minutes will be Dependent resurvey, and subdivision of Land and Water Conservation Fund (47 transcribed for dissemination. Minutes sections 11, 12, 13, and 14, (Group 1173) FR 19784); a proposed Land Acquisition of the meeting will be made available to accepted August 21, 1996, to meet Plan for the Saint-Gaudens National certain administrative needs of the BLM, the public after approval by the Historic Site, National Park Service, is Eagle Lake Resource Area. Commission members. A copy of the available for public review from T. 16 N., R. 9 E., minutes may be requested by contacting 1 September 27, 1996 at the Park Offices, Supplemental plat of the S ⁄2 of section 4, the Superintendent. An audio tape of off NH 12 A in Cornish, New accepted August 22, 1996, to meet the meeting will be available at the certain administrative needs of the BLM, Hampshire. Bakersfield District, Folsom Resource The proposed Land Acquisition Plan headquarters office of the Niobrara/ Area. details long-range proposals for Missouri National Scenic Riverways in T. 14 N., R. 9 E., additions of five parcels of two different O’Neill, Nebraska. Supplemental plat of section 25, including types and priority of their acquisition. FOR FURTHER INFORMATION CONTACT: resurvey, and metes-and-bounds survey, The public is invited to review the Superintendent Warren Hill, Niobrara/ (Group 1251) accepted August 22, 1996, Plan; copies of which are available at Missouri National Scenic Riverways, to meet certain administrative needs of P.O. Box 591, O’Neill, Nebraska 68763– the BLM, Bakersfield District, Folsom the park office, as well as the Cornish Resource Area. town offices and on the Internet: http:/ 0591, or at 402–336–3970. T. 2 S., R. 26 E., /www.valley.net/stgaud/saga.html. SUPPLEMENTARY INFORMATION: The Supplemental plat of section 14, accepted Comments will be received from Advisory Commission was established August 29, 1996, to meet certain September 27 through October 14, 1996, by the law that established the Niobrara Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50329

National Scenic River, Public Law 102– Dated: September 18, 1996. Central Valley Project water 50. The purpose of the group, according William W. Schenk, conservation best management practices to its charter, is to advise the Secretary Field Director, Midwest Field Area. that shall * * * develop criteria. For of the Interior on matters pertaining to [FR Doc. 96–24556 Filed 9–24–96; 8:45 am] evaluating the adequacy of all water the development of a management plan, BILLING CODE 4310±70±P conservation plans developed by project and management and operation of the contractors, including those plans Scenic River. The Niobrara National required by section 210 of the Scenic River includes the 40-mile Bureau of Reclamation Reclamation Reform Act of 1982.’’ Also, segment from Borman Bridge southeast according to Section 3405(e)(1), these of Valentine, Nebraska to its confluence Central Valley Project Improvement criteria will be developed ‘‘ * * * with with Chimney Creek; and the 30-mile Act, Criteria for Evaluating Water the purpose of promoting the highest segment from the confluence with Rock Conservation Plans level of water use efficiency reasonably Creek downstream to State Highway achievable by project contractors using AGENCY: Bureau of Reclamation, 137. best available cost-effective technology Interior. Dated: September 8, 1996. and best management practices.’’ ACTION: Notice of draft decision of The MP Criteria states that all parties William W. Schenk, evaluation of water conservation plans. Field Director, Midwest Field Area. (districts) that contract with Reclamation for water supplies [FR Doc. 96–24555 Filed 9–24–96; 8:45 am] SUMMARY: To meet the requirements of (municipal and industrial contracts over BILLING CODE 4310±70±P the Central Valley Project Improvement Act (CVPIA), the Bureau of Reclamation 2,000 irrigable acre-feet and agricultural (Reclamation) developed and published contracts over 2,000 irrigable acres) will Sleeping Bear Dunes National the Criteria for Evaluating Water prepare water conservation plans which Lakeshore Advisory Commission Conservation Plans (Criteria) dated will be evaluated by Reclamation based April 30, 1993. These Criteria were on the following required information AGENCY: National Park Service, Interior. developed based on information detailed in the steps listed below to ACTION: Notice of meeting. provided during public scoping and develop, implement, monitor, and public review sessions held throughout update their water conservation plans. SUMMARY: This notice sets the schedule The steps are: for the forthcoming meeting of the Reclamation’s Mid-Pacific (MP) Region. Sleeping Bear Dunes National Lakeshore Reclamation uses these Criteria to 1. Coordinate with other agencies and Advisory Commission. Notice of this evaluate the adequacy of all water the public meeting is required under the Federal conservation plans developed by project 2. Describe the district Advisory Committee Act (Public Law contractors in the MP Region, including 3. Inventory water resources 92–463). those required by the Reclamation 4. Review the past water conservation Reform Act of 1982. The Criteria were DATE AND TIME: Friday, October 18, 1996; plan and activities 9:30 a.m. until 12 noon. developed and the plans evaluated for 5. Identify best management practices to the purpose of promoting the most ADDRESS: Sleeping Bear Dunes National be implemented efficient water uses reasonably Lakeshore Headquarters, Empire, 6. Develop schedules, budgets, and achievable by all MP Region’s Michigan. The agenda for the meeting projected results contractors. Reclamation made a consists of the Chairman’s welcome; 7. Review, evaluate, and adopt the water commitment (stated within the Criteria) minutes of the previous meeting; conservation plan to publish a notice of its draft statement of purpose; public input; 8. Implement, monitor, and update the determination on the adequacy of each update on park activities; old business; water conservation plan contractor’s water conservation plan in new business; next meeting date; the Federal Register and to allow the The MP contractors listed below have adjournment. The meeting is open to the public a minimum of 30 days to developed water conservation plans public. comment on its preliminary which Reclamation has evaluated and FOR FURTHER INFORMATION CONTACT: determinations. This program is on- preliminarily determined meet the Superintendent Ivan Miller, 9922 Front going; an updated list will be published requirements of the Criteria. Street, Empire, Michigan 49630; or to recognize districts as plans are • Alpaugh Irrigation District. telephone 616–326–5134. revised to meet the Criteria. • East Bay Municipal Utilities SUPPLEMENTARY INFORMATION: The DATES: All public comments must be District. Advisory Commission was established reviewed by Reclamation by October 25, • Santa Ynez River Water by the law that established the Sleeping 1996. Conservation District. Bear Dunes National Lakeshore, Public Public comment on Reclamation’s Law 91–479. The purpose of the ADDRESSES: Please mail comments to the address provided below. preliminary (i.e., draft) determinations commission, according to its charter, is at this time is invited. Copies of the FOR FURTHER INFORMATION CONTACT: to advise the Secretary of the Interior plans listed above will be available for Tracy Slavin, Bureau of Reclamation, with respect to matters relating to the review at Reclamation’s MP Regional 2800 Cottage Way, MP–402 Sacramento, administration, protection, and Office and MP’s area offices. If you wish CA 95825. To be placed on a mailing list development of the Sleeping Bear Dunes to review a copy of the plans, please for any subsequent information, please National Lakeshore, including the contact Mr. Slavin to find the office write Tracy Slavin or telephone at (916) establishment of zoning by-laws, nearest you. construction, and administration of 979–2384. Dated: September 17, 1996. scenic roads, procurement of land, SUPPLEMENTARY INFORMATION: Under condemnation of commercial property, provisions of Section 3405(e) of the Kirk C. Rodgers, and the preparation and implementation CVPIA (Title 34 of Public Law 102–575), Deputy Regional Director. of the land and water use management ‘‘The Secretary [of the Interior] shall [FR Doc. 96–24542 Filed 9–24–96; 8:45 am] plan. establish and administer an office on BILLING CODE 4310±94±M 50330 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

Conservation Advisory Group, Yakima ACTION: Scheduling of the final phase of Participation in the Investigations and River Basin Water Enhancement an antidumping investigation. Public Service List Project, Yakima, WA Persons, including industrial users of SUMMARY: The Commission hereby gives AGENCY: Bureau of Reclamation, the subject merchandise and, if the notice of the scheduling of the final Interior. merchandise is sold at the retail level, phase of antidumping investigation No. representative consumer organizations, ACTION: Notice of meetings. 731–TA–740 (Final) under section wishing to participate in the final phase SUMMARY: Title XII of Public Law 103– 735(b) of the Tariff Act of 1930 (19 of this investigation as parties must file 434 directs the Secretary of the Interior, U.S.C. 1673d(b)) (the Act) to determine an entry of appearance with the in consultation with the State of whether an industry in the United Secretary to the Commission, as Washington, the Yakima Indian Nation, States is materially injured or provided in section 201.11 of the Yakima River Basin irrigators and other threatened with material injury, or the Commission’s rules, no later than 21 interested parties, to establish the establishment of an industry in the days prior to the hearing date specified Yakima River Basin Water Conservation United States is materially retarded, by in this notice. A party that filed a notice Advisory Group within 12 months of reason of less-than-fair-value imports of appearance during the preliminary phase of the investigation need not file enactment. The purpose of the from Japan of sodium azide, provided an additional notice of appearance Conservation Advisory Group is to for in subheading 2850.00.50 of the during this final phase. The Secretary provide technical advice and counsel to Harmonized Tariff Schedule of the 1 will maintain a public service list the Secretary and the State on the United States. containing the names and addresses of structure, implementation, and For further information concerning all persons, or their representatives, oversight of the Yakima River Basin the conduct of this phase of the who are parties to the investigation. Water Conservation Program. investigation, hearing procedures, and DATES: Meetings will be held: rules of general application, consult the Limited Disclosure of Business • October 29–30, 1997, at the Bureau Commission’s Rules of Practice and Proprietary Information (BPI) Under an of Reclamation, 1917 Marsh Road, Procedure, part 201, subparts A through Administrative Protective Order (APO) Yakima, Washington, 9 a.m.–4 p.m. E (19 CFR part 201), and part 207, and BPI Service List • December 11–12, 1996, at the subparts A and C (19 CFR part 207), as Pursuant to section 207.7(a) of the Bureau of Reclamation, 1917 Marsh amended by 61 FR 37818, July 22, 1996. Commission’s rules, the Secretary will Road, Yakima, Washington, 9 a.m.–4 make BPI gathered in the final phase of EFFECTIVE DATE: August 16, 1996. p.m. this investigation available to • January 21–22, 1997, at the Bureau FOR FURTHER INFORMATION CONTACT: Fred authorized applicants under the APO of Reclamation, 1917 Marsh Road, Ruggles (202–205–3187), Office of issued in the investigation, provided Yakima, Washington, 9 a.m.–4 p.m. Investigations, U.S. International Trade that the application is made no later FOR FURTHER INFORMATION CONTACT: Walt Commission, 500 E Street SW, than 21 days prior to the hearing date Fite, Program Manager, Yakima River Washington, DC 20436. Hearing- specified in this notice. Authorized Water Enhancement Project, PO Box impaired persons can obtain applicants must represent interested 1749, Yakima, Washington 98907; (509) information on this matter by contacting parties, as defined by 19 U.S.C. 1677(9), 575–5848 ext. 267. the Commission’s TDD terminal on 202– who are parties to the investigations. A party granted access to BPI in the SUPPLEMENTARY INFORMATION: The Basin 205–1810. Persons with mobility preliminary phase of the investigation Conservation Program is structured to impairments who will need special need not reapply for such access. A provide economic incentives with assistance in gaining access to the separate service list will be maintained cooperative Federal, State, and local Commission should contact the Office by the Secretary for those parties funding to stimulate the identification of the Secretary at 202–205–2000. authorized to receive BPI under the and implementation of structural and General information concerning the APO. nonstructural cost-effective water Commission may also be obtained by conservation measures in the Yakima accessing its internet server (http:// Staff Report www.usitc.gov or ftp://ftp.usitc.gov). River basin. Improvements in the The prehearing staff report in the final efficiency of water delivery and use will SUPPLEMENTARY INFORMATION: phase of this investigation will be result in improved streamflows for fish placed in the nonpublic record on and wildlife and improve the reliability Background December 12, 1996, and a public version of water supplies for irrigation. The final phase of this investigation is will be issued thereafter, pursuant to Dated: September 11, 1996. being scheduled as a result of an section 207.22 of the Commission’s Jim Cole, affirmative preliminary determination rules. Manager, Upper Columbia Area Office. by the Department of Commerce that Hearing [FR Doc. 96–24488 Filed 9–24–96; 8:45 am] imports of sodium azide from Japan are The Commission will hold a hearing BILLING CODE 4310±94±M being sold in the United States at less in connection with the final phase of than fair value within the meaning of this investigation beginning at 9:30 a.m. section 733 of the Act (19 U.S.C. 1673b). on January 7, 1997, at the U.S. INTERNATIONAL TRADE The investigation was requested in a International Trade Commission COMMISSION petition filed on January 16, 1996, by Building. Requests to appear at the American Azide Corporation. hearing should be filed in writing with [Investigation No. 731±TA±740 (Final)] the Secretary to the Commission on or 1 For purposes of this investigation, Commerce Sodium Azide From Japan before December 16, 1996. A nonparty has defined the subject merchandise as ‘‘sodium who has testimony that may aid the azide (NaN3) regardless of use, and whether or not AGENCY: United States International combined with silicon oxide (SiO2) or any other Commission’s deliberations may request Trade Commission. inert flow assisting agent.’’ permission to present a short statement Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50331 at the hearing. All parties and pursuant to section 207.21 of the list containing the names and addresses nonparties desiring to appear at the Commission’s rules. of all persons, or their representatives, hearing and make oral presentations Issued: September 20, 1996. who are parties to the investigation. should attend a prehearing conference By order of the Commission. Background to be held at 9:30 a.m. on December 18, Donna R. Koehnke, 1996, at the U.S. International Trade Secretary. On July 29, 1996, a petition was filed with the Commission and the Commission Building. Oral testimony [FR Doc. 96–24597 Filed 9–24–96; 8:45 am] Department of Commerce by Cray and written materials to be submitted at BILLING CODE 7020±02±P the public hearing are governed by Research, Inc., Eagan, MN, alleging that sections 201.6(b)(2), 201.13(f), and an industry in the United States is 207.24 of the Commission’s rules. [Investigation No. 731±TA±750 materially injured or threatened with Parties must submit any request to (Preliminary)] material injury by reason of LTFV present a portion of their hearing imports of vector supercomputers from Vector Supercomputers From Japan testimony in camera no later than 7 Japan. Accordingly, effective July 29, days prior to the date of the hearing. Determination 1996, the Commission instituted antidumping Investigation No. 731–TA– 1 Written Submissions On the basis of the record developed 750 (Preliminary). Each party who is an interested party in the subject investigation, the Notice of the institution of the shall submit a prehearing brief to the Commission determines, pursuant to Commission’s investigation and of a Commission. Prehearing briefs must section 733(a) of the Tariff Act of 1930 public conference to be held in conform with the provisions of section (19 U.S.C. 1673b(a)), that there is a connection therewith was given by 207.23 of the Commission’s rules; the reasonable indication that an industry posting copies of the notice in the Office deadline for filing is December 20, 1996. in the United States is threatened with of the Secretary, U.S. International Parties may also file written testimony material injury 2 by reason of imports Trade Commission, Washington, DC, in connection with their presentation at from Japan of vector supercomputers, and by publishing the notice in the the hearing, as provided in section provided for in heading 8471 of the Federal Register of August 7, 1996 (61 207.24 of the Commission’s rules, and Harmonized Tariff Schedule of the FR 41181). The conference was held in posthearing briefs, which must conform United States, that are alleged to be sold Washington, DC, on August 20, 1996, with the provisions of section 207.25 of in the United States at less than fair and all persons who requested the the Commission’s rules. The deadline value (LTFV). opportunity were permitted to appear in for filing posthearing briefs is January Commencement of Final Phase person or by counsel. 14, 1997; witness testimony must be Investigation The Commission transmitted its filed no later than three days before the determination in this investigation to hearing. In addition, any person who Pursuant to section 207.18 of the the Secretary of Commerce on has not entered an appearance as a party Commission’s rules, as amended in 61 September 12, 1996. The views of the to the investigation may submit a FR 37818 (July 22, 1996), the Commission are contained in USITC written statement of information Commission also gives notice of the Publication 2993 (September 1996), pertinent to the subject of the commencement of the final phase of its entitled ‘‘Vector Supercomputers from investigations on or before January 14, investigation. The Commission will Japan: Investigation No. 731–TA–750 1997. On January 28, 1997, the issue a final phase notice of scheduling (Preliminary).’’ Commission will make available to which will be published in the Federal Register as provided in section 207.21 Issued: September 18, 1996. parties all information on which they By order of the Commission. have not had an opportunity to of the Commission’s rules upon notice Donna R. Koehnke, comment. Parties may submit final from the Department of Commerce comments on this information on or (Commerce) of an affirmative Secretary. before January 30, 1997, but such final preliminary determination in the [FR Doc. 96–24596 Filed 9–24–96; 8:45 am] comments must not contain new factual investigation under section 703(b) of the BILLING CODE 7020±02±P information and must otherwise comply Act, or, if the preliminary determination with section 207.30 of the Commission’s is negative, upon notice of an rules. All written submissions must affirmative final determination in that DEPARTMENT OF LABOR conform with the provisions of section investigation under section 705(a) of the 201.8 of the Commission’s rules; any Act. Parties that filed entries of Employment and Training submissions that contain BPI must also appearance in the preliminary phase of Administration the investigation need not enter a conform with the requirements of Notice of Determinations Regarding sections 201.6, 207.3, and 207.7 of the separate appearance for the final phase of the investigation. Industrial users, Eligibility to Apply for Worker Commission’s rules. Adjustment Assistance and NAFTA In accordance with sections 201.16(c) and, if the merchandise under Transitional Adjustment Assistance and 207.3 of the Commission’s rules, investigation is sold at the retail level, each document filed by a party to the representative consumer organizations In accordance with Section 223 of the investigation must be served on all other have the right to appear as parties in Trade Act of 1974, as amended, the parties to the investigation (as identified Commission antidumping and Department of Labor herein presents by either the public or BPI service list), countervailing duty investigations. The summaries of determinations regarding and a certificate of service must be Secretary will prepare a public service eligibility to apply for trade adjustment timely filed. The Secretary will not assistance for workers (TA–W) issued accept a document for filing without a 1 The record is defined in sec. 207.2(f) of the during the period of August and certificate of service. Commission’s Rules of Practice and Procedure (19 September, 1996. CFR 207.2(f)). Authority: This investigation is being 2 Commissioner Nuzum dissenting and In order for an affirmative conducted under authority of title VII of the Commissioners Watson and Crawford not determination to be made and a Tariff Act of 1930; this notice is published participating. certification of eligibility to apply for 50332 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices worker adjustment assistance to be The investigation revealed that Also, pursuant to Title V of the North issued, each of the group eligibility criteria (2) has not been met. Sales or American Free Trade Agreement requirements of Section 222 of the Act production did not decline during the Implementation Act (Pub. L. 103–182) must be met. relevant period as required for concerning transitional adjustment (1) That a significant number or certification. assistance hereinafter called (NAFTA– proportion of the workers in the TA–W–32,505; St. Marys Carbon Co., St. TAA) and in accordance with Section workers’ firm, or an appropriate Marys, PA 250(a) Subchapter D, Chapter 2, Title II, subdivision thereof, have become totally The investigation revealed that of the Trade Act as amended, the or partially separated, criterion (2) and Criterion (3) have not Department of Labor presents (2) That sales or production, or both, been met. Sales or production did not summaries of determinations regarding of the firm or subdivision have decline during the relevant period as eligibility to apply for NAFTA–TAA decreased absolutely, and required for certification. Increases of issued during the month of August and (3) That increases of imports of imports of articles like or directly September, 1996. articles like or directly competitive with competitive with articles produced by In order for an affirmative articles produced by the firm or the firm or appropriate subdivision have determination to be made and a appropriate subdivision have not contributed importantly to the certification of eligibility to apply for contributed importantly to the separations or threat thereof, and the NAFTA–TAA the following group separations, or threat thereof, and to the absolute decline in sales or production. eligibility requirements of Section 250 absolute decline in sales or production. of the Trade Act must be met: Affirmative Determinations for Worker Negative Determinations for Worker (1) That a significant number or Adjustment Assistance Adjustment Assistance proportion of the workers in the The following certifications have been workers’ firm, or an appropriate In each of the following cases the issued; the date following the company subdivision thereof, (including workers investigation revealed that criterion (3) name & location for each determination in any agricultural firm or appropriate has not been met. A survey of customers references the impact date for all subdivision thereof) have become totally indicated that increased imports did not workers for such determination. or partially separated from employment contribute importantly to worker and either— separations at the firm. TA–W–32,550; J & M Apparel, Inc., Finger, TN: June 21, 1995 (2) That sales or production, or both, TA–W–32,588 & A,B,C,D,E; Burlington TA–W–32,587; Goodyear Tire & Rubber of such firm or subdivision have Industries, Inc., Knitted Fabric Div., Co., Green, OH decreased absolutely, Greensboro, NC, Wake Forest, NC, All workers totally or partially (3) That imports from Mexico or Denton, NC, Rocky Mount, NC, Canada of articles like or directly Cramerton, NC, New York, NY separated from employment on or after July 15, 1995 are certified. competitive with articles produced by TA–W–32,504; H.S. Novelty, Fultonville, such firm or subdivision have increased, NY All workers engaged in the production of air springs are denied. and that the increases in imports TA–W–32,514; Weyerhauser contributed importantly to such TA–W–32,639; Magnetek Containerboard Packaging Co., workers’ separations or threat of Manufacturing, Mendenhall, MS: Buffalo, NY separation and to the decline in sales or July 30, 1995. TA–W–32,482; Team 95, Jamestown, TN production of such firm or subdivision; TA–W–32,661; Jo-Nez Apparel, Inc., TA–W–32,591; Island Falls Cedar or Tompkinsville, KY: August 6, 1995. Products, Island Falls, ME (4) That there has been a shift in TA–W–32,627; ABS Global, Inc., TA–W–32,576; Bethlehem Steel Corp., production by such workers’ firm or Including the Following Divisions; Deforest, WI: July 27, 1995. TA–W–32,598; Strick Corp., Casa subdivision to Mexico or Canada of Bethlehem Structural Products articles like or directly competitive with Corp., Bethforge, Inc., Bethlehem Grande, AZ: July 18, 1996. TA–W–32,556; Lodestar Industrial articles which are produced by the firm Roll Corp., PB & NE Subsidiary or subdivision. Railroad Co., Bethlehem, PA Contractors, Limited, Colville, WA: In the following cases, the July 3, 1995. Negative Determinations NAFTA–TAA TA–W–32,538; Ithaca Industries, Inc., investigation revealed that the criteria In each of the following cases the Sylvania, GA: June 17, 1995. for eligibility have not been met for the investigation revealed that criteria (3) reasons specified. TA–W–32,486; Ambrose Uniform Div. of Best Manufacturing Co., Cordele, and (4) were not met. Imports from TA–W–32,409; Faberware, Inc., Bronx, GA: May 15, 1995 Canada or Mexico did not contribute NY TA–W–32,531; Norco Windows, Inc., importantly to workers’ separations. Increased imports did not contribute (Formerly a Div. of Trust Joist There was no shift in production from importantly to worker separations at the International), Hawkins, WI: June the subject firm to Canada or Mexico firm. 19, 1995. during the relevant period. TA–W–32,619; Ontario Enterprises, Inc., TA–W–32,454; Gartal Belt DBA General NAFTA–TAA–01165; Devro-Teepak, Ontario, CA Belt, New York, NY Inc., Danville, IL TA–W–32,537; Cape Cod/Cricket Lane, TA–W–32,578; Seagrave Leather Corp., NAFTA–TAA–01142; Bethlehem Steel Pleasant Shade, TN East Wilton, ME: June 25, 1995. Corp: Bethlehem Structural TA–W–32,616; U.S. Bureau of Mines, TA–W–32,529; Magnetic Engineering, Products Corp., Beth Forge, Inc., Mineral Availability Field Office, Inc., Manitou Springs, CO: June 20, Bethlehem Roll Corp., PB & NE Lakewood, CO 1995. Subsidiary Railroad Co The workers firm does not produce an TA–W–32,544; Suburban Apparel AKA NAFTA–TAA–01188; Apex Mold and article as required for certification under Central Fashions, Orange, NJ: June Engineering, Inc., Sterling Heights, Section 222 of the Trade Act of 1974. 26, 1995. MI TA–W–32,672; Oxford International Ltd, TA–W–32,545; Remington Arms Co., NAFTA–TAA–01130; American Coastal Oxford Speaker Co., Chicago, IL Inc., Ilion, NY: June 21, 1995. Tes Marine, Inc., Everson, WA Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50333

NAFTA–TAA–01167; Remington Arms [TA±W±32,486] Investigations Regarding Certifications Co., Inc., Firearms Manufacturing, of Eligibility To Apply for Worker Ambrose Uniform, Division of Best Ilion, NY Adjustment Assistance Manufacturing Company, Ambrose, NAFTA–TAA–01157; Disk maintenance Georgia; Amended Certification Petitions have been filed with the d/b/a Circuit Test, Inc., Haverhill, Regarding Eligibility to Apply for Secretary of Labor under Section 221(a) MA Worker Adjustment Assistance of the Trade Act of 1974 (‘‘the Act’’) and NAFTA–TAA–01159; Runnymede Mills, In accordance with Section 223 of the are identified in the Appendix to this Inc., Tarboro, NC Trade Act of 1974 (19 USC 2273) the notice. Upon receipt of these petitions, In the following cases, the Department of Labor issued a the Program Manager of the Office of investigation revealed that the criteria Certification of Eligibility to Apply for Trade Adjustment Assistance, for eligibility have not been met for the Worker Adjustment Assistance on Employment and Training reasons specified. August 28, 1996, applicable to all Administration, has instituted workers of Ambrose Uniform, Division None. investigations pursuant to Section of Best Manufacturing Company, 221(a) of the Act. Cordele, Georgia. The notice will soon Affirmative Determinations NAFTA– The purpose of each of the TAA be published in the Federal Register. At the request of the State agency, the investigations is to determine whether The following certifications have been Department reviewed the certification the workers are eligible to apply for issued; the date following the company for workers of the subject firm. New adjustment assistance under Title II, name & location for each determination findings show that the Department’s Chapter 2, of the Act. The investigations references the impact date for all worker certification incorrectly will further relate, as appropriate, to the workers for such determination. identified the affected workers as being determination of the date on which total located in Cordele, Georgia. The worker or partial separations began or NAFTA–TAA–01136; The Safety Stitch, separations took place at the subject threatened to begin and the subdivision Inc., Harrisville, WV: June 14, 1995. firm’s Ambrose Plant in Ambrose, of the firm involved. Georgia. The workers were engaged in NAFTA–TAA–01146; Technical The petitioners or any other persons Ceramics Laboratories, Inc., A Div. the production of lab coats and shirts. The company reports that no worker showing a substantial interest in the of Carpenter Technology Corp., subject matter of the investigations may Alpharetta, GA: July 5, 1995. layoffs have occurred in Cordele, Georgia. request a public hearing, provided such NAFTA–TAA–01179; V.R. Fashions, The intent of the Department’s request is filed in writing with the Inc., Waco, TX: August 12, 1995. certification is to include those workers Program Manager, Office of Trade NAFTA–TAA–01177: J.E. Morgan of Ambrose Uniform, Division of Best Adjustment Assistance, at the address Knitting Mills, Inc. Div. of Dawson Manufacturing Company, Ambrose, shown below, not later than October 7, International—PLC, Tamaqua, PA: Georgia, adversely affected by imports. 1996. August 8, 1995. Accordingly, the Department is Interested persons are invited to amending the certification to exclude submit written comments regarding the I hereby certify that the workers at the subject firms’ division in subject matter of the investigations to aforementioned determinations were Cordele, Georgia and include the issued during the month of August & workers at the Ambrose, Georgia the Program Manager, Office of Trade September, 1996. Copies of these location. Adjustment Assistance, at the address determinations are available for The amended notice applicable to shown below, not later than October 7, inspection in Room C–4318, U.S. TA–W–32,486 is hereby issued as 1996. Department of Labor, 200 Constitution follows: The petitions filed in this case are Avenue, N.W., Washington, D.C. 20210 ‘‘All workers of Ambrose Uniform, available for inspection at the Office of during normal business hours or will be Division of Best Manufacturing Company, the Program Manager, Office of Trade mailed to persons who write to the Ambrose, Georgia, who became totally or Adjustment Assistance, Employment partially separated from employment on or and Training Administration, U.S. above address. after May 15, 1995 are eligible to apply for Department of Labor, 200 Constitution Dated: September 10, 1996. adjustment assistance under Section 223 of the Trade Act of 1974.’’ Avenue, N.W., Washington, D.C. 20210. Curtis K. Kooser, Signed at Washington, D.C. this 12th day Signed at Washington, D.C. this 3rd day of Acting Program Manager, Policy & of September 1996. September, 1996. Reemployment Services, Office of Trade Russell T. Kile, Adjustment Assistance. Curtis K. Kooser, Acting Program Manager, Policy and [FR Doc. 96–24541 Filed 9–24–96; 8:45 am] Acting Program Manager, Policy and Reemployment Services Office of Trade Reemployment Services, Office of Trade BILLING CODE 4510±30±M Adjustment Assistance. Adjustment Assistance. [FR Doc. 96–24536 Filed 9–24–96; 8:45 am] BILLING CODE 4510±30±M

APPENDIXÐPETITIONS INSTITUTED ON 09/03/96

Date of peti- TA±W Subject firm (petitioners) Location tion Product(s)

32,690 ...... Bruckner Manufacturing (Co.) ...... Bronx, NY ...... 07/29/96 Stainless Steel Cookware. 32,691 ...... Smith Corona Corp. (Co.) ...... Cortland, NY ...... 08/20/96 Typewriters, Word Processors. 32,692 ...... Tuboscope Vetco (Wkrs) ...... Corpus Christi, TX ...... 08/25/96 Inspection Services to Oil & Gas Co. 32,693 ...... Decotech Innovations (Wkrs) ...... Marion, NC ...... 08/20/96 Cloth and Yarn. 50334 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

APPENDIXÐPETITIONS INSTITUTED ON 09/03/96ÐContinued

Date of peti- TA±W Subject firm (petitioners) Location tion Product(s)

32,694 ...... Amtrol/Clayton Mark, Inc. (Wkrs) ...... Rogers, AR ...... 08/14/96 Water Tanks. 32,695 ...... U.S. Colors, Inc. (Co.) ...... Rocky Mount, NC ...... 08/15/96 T-Shirts. 32,696 ...... Hodge Apparel, Inc. (Wkrs) ...... Harrisville, WV ...... 08/06/96 Blouses and Dresses. 32,697 ...... Creative Apparel (Wkrs) ...... Pottstown, PA ...... 08/09/96 Children's Wear & Medical Uniforms. 32,698 ...... Roundwood Timber Products (Co.) Chemult, OR ...... 08/10/96 Posts and Poles for Lodgepole Pine. 32,699 ...... Menominee Paper Co. (Wkrs) ...... Menominee, MI ...... 08/14/96 Wax Paper. 32,700 ...... Summit Technology, Inc (Wkrs) ...... Waltham, MA ...... 08/15/96 Laser SystemsÐCorrect Near- Sightedness. 32,701 ...... United Cities Gas Co (Wkrs) ...... Independence, KS ...... 08/16/96 Utility Firm (Gas Co). 32,702 ...... C.J. Enterprises (Co.) ...... Morganton, NC ...... 08/19/96 Ladies' & Men's Socks. 32,703 ...... Niagara Cutter, Inc (Wkrs) ...... N. Tonawanda, NY ...... 08/21/96 Industrial Milling Cutters. 32,704 ...... Temple Inland, Inc (Wkrs) ...... Evadale, TX ...... 08/02/96 Bleach Paper Board. 32,705 ...... Union Knitting Mills (Co.) ...... Schuy'll Haven, PA ...... 08/22/96 Sportswear & Sleepwear. 32,706 ...... Anderson Profitt Apparel (Co.) ...... Sparta, TN ...... 08/21/96 Ladies' Dress Pants, Jumpers, Skirts. 32,707 ...... NordicTrack (Wkrs) ...... Chaska, MN ...... 08/22/96 NordicTrack Ski Exercisers. 32,708 ...... Murray, Inc. (Wkrs) ...... Lawrenceburg, TN ...... 08/16/96 Bicycles and Lawn Mowers.

[FR Doc. 96–24540 Filed 9–24–96; 8:45 am] who became totally or partially separated boards from Mexico and Canada from BILLING CODE 4510±30±M from employment on or after March 7, 1995, 1994 through July 1996. are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974. Conclusion [TA±W±32,066] Signed at Washington, D.C. this 12th day After careful review of the additional of September 1996. facts obtained on reconsideration, I Grassroots USA, Inc., Corinth, Curtis K. Kooser, conclude that increased imports from Mississippi; Amended Certification Acting Program Manager, Policy and Mexico and Canada of articles like or Regarding Eligibility To Apply for Reemployment Services, Office of Trade directly competitive with printed circuit Worker Adjustment Assistance Adjustment Assistance. boards contributed importantly to the [FR Doc. 96–24537 Filed 9–24–96; 8:45 am] In accordance with Section 223 of the declines in sales or production and to Trade Act of 1974 (19 U.S.C. 2273) the BILLING CODE 4510±30±M the total or partial separation of workers Department of Labor issued a at Ogden Atlantic Design, Poughkeepsie, Certification of Eligibility to Apply for [NAFTA±00927] New York. In accordance with the Worker Adjustment Assistance on May provisions of the Act, I make the 31, 1996, applicable to all workers of Ogden Atlantic Design, Poughkeepsie, following certification: Grassroots USA, Inc., located in Corinth, NY; Notice of Revised Determination All workers of Ogden Atlantic Design, Mississippi. The notice was published on Reconsideration Poughkeepsie, New York who became totally in the Federal Register on June 20, 1996 On July 3, 1996, the Department or partially separated from employment on or (61 FR 31553). issued an Affirmative Determination after March 18, 1995 are eligible to apply for At the request of the State agency, the NAFTA–TAA under Section 250 of the Trade Regarding Application for Act of 1974. Department reviewed the certification Reconsideration for workers and former for workers of the subject firm. Workers Signed at Washington, D.C. this 16th day workers of the subject firm. This notice of September 1996. of the subject firm produced casual was published in the Federal Register Russell T. Kile, sportswear. New findings show that the on July 23, 1996 (61 FR 38225). workers of Grassroots USA, Inc., had The Department’s initial denial was Acting Program Manager, Policy and their unemployment insurance (UI) based on the fact that criteria (3) and (4) Reemployment Services, Office of Trade Adjustment Assistance. taxes paid to Stone Mountain Leasing in of the group eligibility requirements of Snellville, Georgia, and/or Staff Link Co. Section 250 of the Trade Act of 1974, as [FR Doc. 96–24538 Filed 9–24–96; 8:45 am] in Corinth, Mississippi. These amended, were not met. There was no BILLING CODE 4510±30±M companies provided payroll services to shift in production of printed circuit Grassroots. The Department is amending boards from Ogden Atlantic Design in [NAFTA±00954] the certification to properly reflect this Poughkeepsie to Mexico or Canada, and matter. the worker separations were attributable Progressive Knitting Mills of The intent of the Department’s to the corporate decision to transfer Pennsylvania, Incorporated, certification is to include all workers of production to other domestic locations. Philadelphia, Pennsylvania; Notice of Grassroots USA, Inc. who were The petitioners presented evidence Revised Determination on adversely affected by imports. that the Department’s survey of the Reconsideration The amended notice applicable to customers of Ogden Atlantic was TA–W–32,066 is hereby issued as inadequate. Accordingly, the On June 12, 1996, the Department follows: Department conducted a survey of those issued a Negative Determination All workers of Grassroots USA, Inc., customers reducing purchases from the Regarding Eligibility to Apply for Corinth, Mississippi (including those subject firm. Findings of the survey NAFTA–Transitional Adjustment workers whose UI wages were paid to Stone revealed that an important customer of Assistance (NAFTA–TAA) applicable to Mountain Leasing in Snellville, Georgia, and/ the subject firm significantly increased all workers of Progressive Knitting Mills or Staff Link Co. in Corinth, Mississippi), its reliance on imports of printed circuit located in Philadelphia, Pennsylvania. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50335

The notice was published in the Federal Friday, September 13, 1996, make the NUCLEAR REGULATORY Register on July 3, 1996 (FR 61 34875). following corrections: COMMISSION By letter of July 31, 1996, the union On page 48445 in the third column, [Docket Nos. 50±352 AND 50±353] representative, requested administrative the due date for submission of public reconsideration of the Department’s comments was mistakenly stated as Philadelphia Electric Company; Notice findings. October 15, 1996. The correct date is of Withdrawal of Application for The employees of the Progressive November 12, 1996. Amendment to Facility Operating Knitting Mills in Philadelphia, License Pennsylvania were engaged in the The date for receipt of requests for an production of men’s, women’s and informal hearing should also read The U.S. Nuclear Regulatory children’s active wear. Sales and November 12, 1996, instead of October Commission (the Commission) has employment at the subject firm declined 15, 1996. granted the request of Philadelphia during the time period relevant to the The correct date is noted on page Electric Company (the licensee) to investigation. 48443 in the second column. withdraw its June 5, 1995, application New findings on reconsideration Dated: September 19, 1996. for proposed amendment to Facility show that the active wear produced by Joseph A. Dear, Operating License Nos. NPF–39 and Progressive Knitting Mills is mass Assistant Secretary. NPF–85, for the Limerick Generating marketed. Therefore, the articles Station, Units 1 and 2, respectively, [FR Doc. 96–24593 Filed 9–24–96; 8:45 am] manufactured by the subject firm have located in Montgomery County, been impacted importantly by the high BILLING CODE 4510±26±P Pennsylvania. penetration of imports in this market. In The proposed amendment would 1994 and 1995, the ratio of U.S. imports have revised the Technical Specification of general playsuits and sunsets from (TS) Section 3/4.1.5, ‘‘Standby Liquid NATIONAL SCIENCE FOUNDATION Mexico to domestic production was Control System,’’ (SLCS) to remove the more than 200%. Advisory Committee for Engineering: minimum flow rate requirement for the SLCS pumps from TS Section 3/4.1.5. Conclusion Notice of Meeting The Commission had previously After careful review of the additional In accordance with the Federal issued a Notice of Consideration of facts obtained on reconsideration, I Advisory Committee Act (Pub. L. 92– Issuance of Amendment published in conclude that increased imports of 463, as amended), the National Science the Federal Register on July 19, 1995 articles from Mexico like or directly Foundation announces the following (60 FR 37098). However, by letter dated competitive with active wear meeting. September 3, 1996, the licensee contributed importantly to the declines withdrew the proposed change. in sales or production and to the total NAME AND COMMITTEE CODE: Advisory For further details with respect to this or partial separation of workers of Committee for Engineering (#1170). action, see the application for Progressive Knitting Mills of DATE AND TIME: October 10, 1996/9:30 amendment dated June 5, 1995, and the Pennsylvania, Incorporated, am–5:00 pm; October 11, 1996/8:30 am– licensee’s letter dated September 3, Philadelphia, Pennsylvania. In 12 Noon. 1996, which withdrew the application accordance with the provisions of the for license amendment. The above Act, I make the following certification: PLACE: October 10th, Room 1235, documents are available for public (National Science Board Meeting Room) All workers of Progressive Knitting Mills of inspection at the Commission’s Public Pennsylvania, Incorporated, Philadelphia, and October 11th, Room 375, National Document Room, the Gelman Building, Pennsylvania who became totally or partially Science Foundation, 4201 Wilson 2120 L Street, NW., Washington, DC, separated from employment on or after April Boulevard, Arlington, VA. and at the local public document room 2, 1995 are eligible to apply for NAFTA–TAA TYPE OF MEETING: Open. located at the Pottstown Public Library, under Section 250 of the Trade Act of 1974. 500 High street, Pottstown, CONTACT PERSON: Signed at Washington, D.C. this 28th day Dr. Christina Gabriel, Pennsylvania 19464. of August 1996. Senior Engineering Coordinator, Russell T. Kile, National Science Foundation, Suite 505, Dated at Rockville, Maryland, this 19th day of September 1996. Acting Program Manager, Policy and 4201 Wilson Boulevard, Arlington, VA. Reemployment Services, Office of Trade 22230, Telephone (703) 306–1302. For the Nuclear Regulatory Commission. Adjustment Assistance. Frank Rinaldi, MINUTES: May be obtained from the Project Manager, Project Directorate I–2, [FR Doc. 96–24539 Filed 9–24–96; 8:45 am] contact person listed above. BILLING CODE 4510±30±M Division of Reactor Projects—I/II, Office of PURPOSE OF MEETING: To provide advice, Nuclear Reactor Regulation. recommendations and counsel on major [FR Doc. 96–24557 Filed 9–24–96; 8:45 am] Occupational Safety and Health goals and policies pertaining to BILLING CODE 7590±01±P Administration Engineering programs and activities. Supplement to California State Plan; AGENDA: Discussion on issues, Proposed License Renewal Regulatory Request for Public Comment; opportunities and future directions for Guide Workshop and Continuing Correction the Engineering Directorate; discussion Guidance Development of Engineering Directorate budget AGENCY: Occupational Safety and Health situation as well as other items. AGENCY: Nuclear Regulatory Administration (OSHA), Department of Dated: September 19, 1996. Commission. Labor. M. Rebecca Winkler, ACTION: Notice of public workshop. ACTION: Correction. Committee Management Officer. SUMMARY: The United States Nuclear SUMMARY: In document 96–23458 [FR Doc. 96–24582 Filed 9–24–96; 8:45 am] Regulatory Commission (NRC) will hold beginning on page 48443 in the issue of BILLING CODE 7555±01±M a public workshop on the draft guide for 50336 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices implementation of Title 10 of the Code requirements of the license renewal renewal application and the level of of Federal Regulations, Part 54, rule. detail and content of the associated ‘‘Requirements for Renewal of Operating The draft regulatory guide and NEI FSAR supplement, (2) the approach for Licenses for Nuclear Power Plants’’ (the 95–10 are being developed to provide using pre-approved topical reports in an license renewal rule). Information will guidance regarding the contents of an application, and (3) the overall level of be provided at the workshop on the application for license renewal that detail contained in NEI 95–10. Although NRC staff’s proposed draft regulatory includes (1) required general preliminary guidance is provided in the guide and an industry implementation information concerning the applicant draft guide and NEI 95–10 for these guideline for the format and content of and the plant, (2) information contained topics, the staff intends to revisit these a license renewal application. Staff in the integrated plant assessment, (3) topics when finalizing the regulatory observations of an industry program evaluation of time-limited aging guide. The NRC staff solicits suggestions performed to demonstrate plant-specific analyses (TLAAs), (4) a supplement to in these areas. implementation of the industry the Final Safety Analysis Report The draft regulatory guide has not guideline will also be provided. The (FSAR), (5) technical specification received complete staff review and does staff will use the information or changes and their justification, and (6) not represent an official NRC staff comments received from members of the a supplement to the environmental position. Public comments are being public and the experience gained report. Specifically, guidance is solicited on the guide as described in through its observation of the plant- provided for (1) identifying the systems, the Federal Register notice for the draft specific demonstrations to determine structures, and components within the guide (61 FR 43792). Written comments whether changes are needed in the draft scope of the license renewal rule, (2) are requested by November 29, 1996. guide or industry guideline. identifying the intended functions of Comments received after this date will systems, structures, and components be considered if it is practical to do so, DATES: October 29, 1996, 8 a.m. to 5 within the scope of the license renewal but the Commission is able to assure p.m. rule, (3) identifying the structures and consideration only for comments The workshop will provide the components subject to aging received on or before this date. participants an opportunity to obtain management review, (4) assuring that The workshop is scheduled prior to further information, ask questions, make the effects of aging are managed, (5) the expiration of the public comment comments during the discussion, or identifying and evaluating TLAAs, and period to allow interested parties to submit written comments for NRC (6) establishing the format and content obtain further information on the draft consideration. To ensure there are of the license renewal application and guide, NEI 95–10, and demonstration adequate copies of handouts available, FSAR supplement. program for consideration when persons planning to attend the The NRC staff is observing an NEI- submitting written comments. workshop should call the contact sponsored program that will Continuing Guidance Development: designated below by October 15, 1996. demonstrate plant-specific Based on experience with the ADDRESSES: Auditorium of NRC’s Two implementation of NEI 95–10. This demonstration program to date, the NRC White Flint North Building, 11545 program will test the ability of staff and NEI have identified a number Rockville Pike, Rockville, Maryland. participating utilities to understand and of topics for which additional guidance use the guidance contained in NEI 95– for inclusion in either the regulatory FOR FURTHER INFORMATION CONTACT: Raj K. Anand, Office of Nuclear Reactor 10. This program is scheduled to be guide or NEI 95–10 may be beneficial. completed in September 1996, and the Regulation, U.S. Nuclear Regulatory The staff and NEI plan to continue to staff is issuing trip reports documenting Commission, Washington, DC–20555, refine the guidance provided in the draft its observations of each participant’s Telephone (301) 415–1146; Fax (301) guide and NEI 95–10 on some of these demonstration. At the conclusion of the 415–2279 Internet: [email protected] topics during the public comment program, the staff will compile its period. The process will involve public SUPPLEMENTARY INFORMATION: The NRC observations from the program into a meetings and written correspondence published a notice of availability and lessons-learned report. The draft between the staff and NEI. Meetings request for public comments in the regulatory guide, NEI 95–10, and the conducted between the staff and NEI Federal Register on August 26, 1996 (61 demonstration program reports are and other outside parties will be FR 43792), for Draft Regulatory Guide available for inspection or copying at announced and a summary placed in DG–1047, ‘‘Standard Format and the NRC’s Public Document Room the PDR. Copies of documents generated Content for Applications to Renew (PDR), 2120 L Street, NW, Washington, as part of this effort will be available in Nuclear Power Plant Operating DC (the PDR’s mailing address is Mail the PDR. This activity will develop only Licenses,’’ as part of the implementation Stop LL–6, Washington, DC 20555; proposed changes to the regulatory of the license renewal rule. This draft telephone (202) 634–3273; fax (202) guide or NEI 95–10. Final changes to the regulatory guide is being developed to 634–3343). In addition, copies of the regulatory guide or NEI 95–10 will not provide a uniform format and content draft guide, NEI 95–10, and the be made until after the public comment acceptable to the staff for structuring demonstration program reports will be period expires and public comments and presenting the information to be available at the workshop. have been considered. Significant compiled and submitted in an During development of the draft changes in the version of the draft guide application for renewal of a nuclear regulatory guide and NEI 95–10, the or NEI 95–10 noticed for public power plant operating license. This NRC staff determined that development comment on August 26, 1996, that result draft guide proposes to endorse the of final guidance for certain topics was from this activity will be summarized in Nuclear Energy Institute’s (NEIs) best deferred until completion of the the Federal Register notice for the final guidance document NEI 95–10, demonstration program when additional regulatory guide along with the ‘‘Industry Guideline for Implementing experience with implementation of the resolution of public comments received. the Requirements of 10 CFR Part 54— license renewal rule and the existing The License Renewal Rule,’’ Revision O, NEI 95–10 guidance could be obtained. Tentative Workshop Agenda dated March 1, 1996, as an acceptable These topics include guidance on (1) the Registration method for complying with the level of detail required for a license Introduction Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50337

License Renewal Rule and Guidance National Academy of Sciences/National reports, including the EDO response to the Development Overview Research Council (NAS/NRC) in the Phase 1 August 15, 1996 ACRS report on SECY–96– Draft Regulatory Guide and Industry study, status of the Phase 2 study, and the 128, ‘‘Policy and Key Technical Issues Guideline Content ACNS views on the use of digital pertaining to the Westinghouse AP600 License Renewal Demonstration instrumentation and control systems. Standardized Passive Reactor Design.’’ 4:15 p.m.–5:00 p.m.: Miscellaneous Matters 4:00 p.m.–7:00 p.m.: Preparation of ACRS Program Overview (Open)—The ACRS and ACNS will discuss NRC Lessons-Learned Reports (Open)—The Committee will discuss miscellaneous issues, including ALARA, proposed ACRS reports on matters Industry Lessons-Learned cost-benefit considerations, safety culture, considered during this meeting as well as a Comments and Questions etc. proposed ACRS report on the suitability of Summary and Conclusions Thursday, October 10, 1996 the NRC SCDAP/RELAP5 Code to predict Dated at Rockville, Maryland, this 18th day temperatures and flows in steam generators of September 1996. 8:30 a.m.–8:45 a.m.: Opening Remarks by during severe accidents. For the Nuclear Regulatory Commission. the ACRS Chairman (Open)—The ACRS Chairman will make opening remarks Friday, October 11, 1996 Stephen T. Hoffman, regarding conduct of the meeting and 8:30 a.m.–8:35 a.m.: Opening Remarks by Senior Project Manager, License Renewal comment briefly regarding items of current the ACRS Chairman (Open)—The ACRS Project Directorate, Division of Reactor interest. During this session, the Committee Chairman will make opening remarks Program Management, Office of Nuclear will discuss priorities for preparation of regarding conduct of the meeting. Reactor Regulation, U.S. Nuclear Regulatory ACRS reports. 8:35 a.m.–10:30 a.m.: Activities Associated Commission. 8:45 a.m.–10:15 a.m.: Status of NRC with the NRC Thermal Hydraulic Codes [FR Doc. 96–24412 Filed 9–24–96; 8:45 am] Strategic Assessment and Rebaselining Effort (Open)—The Committee will hear BILLING CODE 7590±01±P (Open)—The Committee will hear a presentations by and hold discussions with presentation by and hold discussions with representatives of the NRC staff regarding the the Deputy Executive Director for Nuclear staff activities associated with the NRC Advisory Committee on Reactor Reactor Regulation, Regional Operations and thermal hydraulic codes. Safeguards; Meeting Notice Research regarding the status of the NRC Representatives of the nuclear industry strategic assessment and rebaselining effort. will participate, as appropriate. In accordance with the purposes of 10:30 a.m.–12:00 Noon: Digital 10:45 a.m.–11:00 a.m.: Report by the Sections 29 and 182b. of the Atomic Instrumentation and Control Systems Human Factors Subcommittee Chairman Energy Act (42 U.S.C. 2039, 2232b), the (Open)—The Committee will hear (Open)—The Committee will hear a report by presentations by and hold discussions with Advisory Committee on Reactor the Chairman of the Human Factors representatives of the NRC staff regarding the Subcommittee regarding matters discussed Safeguards will hold a meeting on proposed Standard Review Plan Sections and during the September 20, 1996 Subcommittee October 9–12, 1996, in Conference Branch Technical Positions associated with meeting. Room T–2B3, 11545 Rockville Pike, the digital instrumentation and control 11:00 a.m.–12:00 Noon: Preparation of Rockville, Maryland. The date of this systems. ACRS Reports (Open)—The Committee will meeting was previously published in Representatives of the nuclear industry discuss proposed ACRS reports on matters the Federal Register on Monday, will participate, as appropriate. considered during this meeting as well as the November 27, 1995 (60 FR 58393). 1:00 p.m.–2:30 p.m.: Control Room Back- report on the suitability of the NRC SCDAP/ Panel Fire at Palo Verde Unit 2 (Open)—The RELAP5 Code to predict temperatures and Wednesday, October 9, 1996 Committee will hear presentations by and flows in steam generators during severe 8:30 a.m.–8:35 a.m.: Opening Remarks by hold discussions with representatives of the accidents. the ACRS Chairman (Open)—The ACRS NRC staff regarding the findings and 2:30 p.m.–7:00 p.m.: Preparation of ACRS Chairman will make opening remarks recommendations resulting from the Reports (Open)—The Committee will regarding conduct of the meeting. investigation of the April 4, 1996 event that continue discussion of the proposed ACRS 8:35 a.m.–9:00 a.m.: Introduction (Open)— involved two related fires in a back panel of reports on matters considered during this The ACRS Chairman will introduce the the main control room of Palo Verde Unit 2. meeting as well as the other report noted ACRS Members to the Canadian Advisory Representatives of the licensee will above. Committee on Nuclear Safety (ACNS) and the participate, as appropriate. ACNS Chairman will introduce the ACNS 2:30 p.m.–3:00 p.m.: Report of the Planning Saturday, October 12, 1996 Members to the ACRS. Both Committees will and Procedures Subcommittee (Open/ 8:30 a.m.–11:30 a.m.: Preparation of ACRS discuss ACRS and ACNS missions, Closed)—The Committee will hear a report of Reports (Open)—The Committee will regulatory environments, process/products, the Planning and Procedures Subcommittee continue discussion of proposed ACRS interactions, and independence. on matters related to the conduct of ACRS reports on matters considered during this 9:00 a.m.–11:30 a.m.: Risk-Informed and business, and organizational and personnel meeting. Performance-Based Regulations (Open)—The matters relating to ACRS. 11:45 a.m.–1:30 p.m.: Strategic Planning ACRS and ACNS will discuss prescriptive vs A portion of this session may be closed to (Open)—The Committee will continue its performance-based regulation, PRA methods discuss organizational and personnel matters discussion of items of significant importance and completeness, and defense-in-depth. that relate solely to the internal personnel to NRC, including rebaselining of the 1:00 p.m.–2:15 p.m.: Plant Aging (Open)— rules and practices of this Advisory Committee activities for FY 97. The ACRS and ACNS will discuss issues Committee, and matters the release of which Procedures for the conduct of and associated with plant aging. would constitute a clearly unwarranted participation in ACRS meetings were 2:15 p.m.–3:00 p.m.: Operator Training/ invasion of personal privacy. published in the Federal Register on Simulator Use (Open)—The ACRS and ACNS 3:00 p.m.–3:30 p.m.: Future ACRS September 27, 1995 (60 FR 49925). In will discuss the training of nuclear power Activities (Open)—The Committee will accordance with these procedures, oral or plant operators and the use of simulators for discuss recommendations of the Planning written statements may be presented by training operators and other plant personnel. and Procedures Subcommittee regarding members of the public, electronic recordings 3:15 p.m.–4:15 p.m.: Digital items proposed for consideration by the full will be permitted only during the open Instrumentation and Control Systems Committee during future meetings. portions of the meeting, and questions may (Open)—The ACRS and ACNS will discuss 3:45 p.m.–4:00 p.m.: Reconciliation of be asked only by members of the Committee, the proposed Standard Review Plan Sections, ACRS Comments and Recommendations its consultants, and staff. Persons desiring to Branch Technical Positions, and Regulatory (Open)—The Committee will discuss make oral statements should notify Mr. Sam Guides associated with digital responses from the NRC Executive Director Duraiswamy, Chief, Nuclear Reactors Branch, instrumentation and control systems. They for Operations (EDO) to comments and at least five days before the meeting, if will also discuss the issues identified by the recommendations included in recent ACRS possible, so that appropriate arrangements 50338 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices can be made to allow the necessary time Tuesday, October 8, 1996—1:30 p.m. Until Week of October 7—Tentative during the meeting for such statements. Use 3:30 p.m. Monday, October 7 of still, motion picture, and television The Subcommittee will discuss proposed cameras during this meeting may be limited 2:00 p.m.—Briefing on Site Decommissioning ACRS activities and related matters. It may Management Plan (SDMP) (Public to selected portions of the meeting as also discuss the qualifications of candidates Meeting) (Contact: Mike Webber, 301– determined by the Chairman. Information for appointment to the ACRS. The purpose of 415–2797). regarding the time to be set aside for this this meeting is to gather information, analyze purpose may be obtained by contacting the Wednesday, October 9 relevant issues and facts, and to formulate Chief of the Nuclear Reactors Branch prior to 11:30 a.m.—Affirmation Session (Public proposed positions and actions, as the meeting. In view of the possibility that Meeting) (if needed). the schedule for ACRS meetings may be appropriate, for deliberation by the full Week of October 14—Tentative. adjusted by the Chairman as necessary to Committee. facilitate the conduct of the meeting, persons Oral statements may be presented by Tuesday, October 15 planning to attend should check with the members of the public with the concurrence 1:00 p.m.—Briefing by Executive Branch Chief of the Nuclear Reactors Branch if such of the Subcommittee Chairman; written (Closed—Ex. 1). statements will be accepted and made rescheduling would result in major Wednesday, October 16 inconvenience. available to the Committee. Electronic In accordance with Subsection 10(d) P.L. recordings will be permitted only during 9:00 a.m.—Briefing on Containment 92–463, I have determined that it is necessary those portions of the meeting that are open Degradation (Public Meeting). to close portions of this meeting noted above to the public, and questions may be asked 2:00 p.m.—Briefing PRA Implementation Plan (Public Meeting). to discuss matters that relate solely to the only by members of the Subcommittee, its 3:30 p.m.—Affirmation Session (Public internal personnel rules and practices of this consultants, and staff. Persons desiring to Meeting) (if needed). Advisory Committee per 5 U.S.C. 552b(c)(2), make oral statements should notify the and to discuss matters the release of which cognizant ACRS staff person named below Friday, October 18 would constitute a clearly unwarranted five days prior to the meeting, if possible, so 9:00 a.m.—Briefing on Integrated Safety invasion of personal privacy per 5 U.S.C. that appropriate arrangements can be made. Assessment Team Inspection (ISAT) at 552b(c)(6). Further information regarding topics to be Maine Yankee (Public Meeting). Further information regarding topics to be discussed, the scheduling of sessions open to The Schedule for Commission Meetings is discussed, whether the meeting has been the public, whether the meeting has been Subject to Change on Short Notice. To Verify cancelled or rescheduled, the Chairman’s cancelled or rescheduled, the Chairman’s the Status of Meeting Call (Recording)—(301) ruling on requests for the opportunity to ruling on requests for the opportunity to 415–1292. Contact Person for More present oral statements and the time allotted present oral statements, and the time allotted Information: Bill Hill (301) 415–1661. therefor can be obtained by contacting Mr. therefor can be obtained by contacting the * * * * * Sam Duraiswamy, Chief, Nuclear Reactors cognizant ACRS staff person, Dr. John T. The NRC Commission Meeting Schedule Branch (telephone 301/415–7364), between Larkins (telephone: 301/415–7360) between can be found on the Internet at: http:// 7:30 a.m. and 4:15 p.m. edt. 7:30 a.m. and 4:15 p.m. (EDT). Persons www.nrc.gov/SECY/smj/schedule.htm ACRS meeting notices, meeting transcripts, This notice is distributed by mail to several and letter reports are now available on planning to attend this meeting are urged to contact the above named individual one or hundred subscribers; if you no longer wish FedWorld from the ‘‘NRC MAIN MENU.’’ to receive it, or would like to be added to it, two working days prior to the meeting to be Direct Dial Access number to FedWorld is please contact the Office of the Secretary, (800) 303–9672; the local direct dial number advised of any changes in schedule, etc., that Attn: Operations Branch, Washington, D.C. is 703–321–3339. may have occurred. 20555 (301–415–1661). Dated: September 19, 1996. Dated: September 18, 1996. In addition, distribution of this meeting Sam Duraiswamy, notice over the internet system is available. Andrew L. Bates, If you are interested in receiving this Chief, Nuclear Reactors Branch. Advisory Committee Management Officer. Commission meeting schedule electronically, [FR Doc. 96–24558 Filed 9–24–96; 8:45 am] [FR Doc. 96–24559 Filed 9–24–96; 8:45 am] please send an electronic message to BILLING CODE 7590±01±P BILLING CODE 7590±01±P [email protected] or [email protected]. * * * * * Dated: September 20, 1996. Advisory Committee on Reactor Sunshine Act Meeting William M. Hill, Jr., Safeguards Subcommittee Meeting on SECY Tracking Officer, Office of the Planning and Procedures; Notice of AGENCY HOLDING THE MEETING: Nuclear Secretary. Regulatory Commission. Meeting [FR Doc. 96–24693 Filed 9–23–96; 11:09 am] DATE: Weeks of September 23, 30, BILLING CODE 7590±01±M The ACRS Subcommittee on Planning October 7, and 14, 1996. and Procedures will hold a meeting on PLACE: Commissioners’ Conference October 8, 1996, Room T–2B1, 11545 NUCLEAR REGULATORY Rockville Pike, Rockville, Maryland. Room, 11555 Rockville Pike, Rockville, Maryland. COMMISSION The entire meeting will be open to public attendance, with the exception of STATUS: Public and Closed. Biweekly Notice a portion that may be closed pursuant Applications and Amendments to to 5 U.S.C. 552b(c) (2) and (6) to discuss MATTERS TO BE CONSIDERED: Facility Operating Licenses Involving organizational and personnel matters Week of September 23 No Significant Hazards Considerations that relate solely to internal personnel There are no meetings scheduled for the rules and practices of ACRS, and I. Background Week of September 23. matters the release of which would Pursuant to Public Law 97-415, the constitute a clearly unwarranted Week of September 30—Tentative U.S. Nuclear Regulatory Commission invasion of personal privacy. Thursday, October 3 (the Commission or NRC staff) is The agenda for the subject meeting 1:00 p.m.—Affirmation Session (Public publishing this regular biweekly notice. shall be as follows: Meeting) (if needed). Public Law 97-415 revised section 189 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50339 of the Atomic Energy Act of 1954, as take this action, it will publish in the following factors: (1) the nature of the amended (the Act), to require the Federal Register a notice of issuance petitioner’s right under the Act to be Commission to publish notice of any and provide for opportunity for a made a party to the proceeding; (2) the amendments issued, or proposed to be hearing after issuance. The Commission nature and extent of the petitioner’s issued, under a new provision of section expects that the need to take this action property, financial, or other interest in 189 of the Act. This provision grants the will occur very infrequently. the proceeding; and (3) the possible Commission the authority to issue and Written comments may be submitted effect of any order which may be make immediately effective any by mail to the Chief, Rules Review and entered in the proceeding on the amendment to an operating license Directives Branch, Division of Freedom petitioner’s interest. The petition should upon a determination by the of Information and Publications also identify the specific aspect(s) of the Commission that such amendment Services, Office of Administration, U.S. subject matter of the proceeding as to involves no significant hazards Nuclear Regulatory Commission, which petitioner wishes to intervene. consideration, notwithstanding the Washington, DC 20555-0001, and Any person who has filed a petition for pendency before the Commission of a should cite the publication date and leave to intervene or who has been request for a hearing from any person. page number of this Federal Register admitted as a party may amend the This biweekly notice includes all notice. Written comments may also be petition without requesting leave of the notices of amendments issued, or delivered to Room 6D22, Two White Board up to 15 days prior to the first proposed to be issued from August 30, Flint North, 11545 Rockville Pike, prehearing conference scheduled in the 1996, through September 13, 1996. The Rockville, Maryland from 7:30 a.m. to proceeding, but such an amended last biweekly notice was published on 4:15 p.m. Federal workdays. Copies of petition must satisfy the specificity September 11, 1996. written comments received may be requirements described above. examined at the NRC Public Document Notice Of Consideration Of Issuance Of Not later than 15 days prior to the first Room, the Gelman Building, 2120 L Amendments To Facility Operating prehearing conference scheduled in the Street, NW., Washington, DC. The filing Licenses, Proposed No Significant proceeding, a petitioner shall file a of requests for a hearing and petitions Hazards Consideration Determination, supplement to the petition to intervene for leave to intervene is discussed And Opportunity For A Hearing which must include a list of the below. contentions which are sought to be The Commission has made a By October 25, 1996, the licensee may litigated in the matter. Each contention proposed determination that the file a request for a hearing with respect must consist of a specific statement of following amendment requests involve to issuance of the amendment to the the issue of law or fact to be raised or no significant hazards consideration. subject facility operating license and controverted. In addition, the petitioner Under the Commission’s regulations in any person whose interest may be shall provide a brief explanation of the 10 CFR 50.92, this means that operation affected by this proceeding and who bases of the contention and a concise of the facility in accordance with the wishes to participate as a party in the statement of the alleged facts or expert proposed amendment would not (1) proceeding must file a written request involve a significant increase in the for a hearing and a petition for leave to opinion which support the contention probability or consequences of an intervene. Requests for a hearing and a and on which the petitioner intends to accident previously evaluated; or (2) petition for leave to intervene shall be rely in proving the contention at the create the possibility of a new or filed in accordance with the hearing. The petitioner must also different kind of accident from any Commission’s ‘‘Rules of Practice for provide references to those specific accident previously evaluated; or (3) Domestic Licensing Proceedings’’ in 10 sources and documents of which the involve a significant reduction in a CFR Part 2. Interested persons should petitioner is aware and on which the margin of safety. The basis for this consult a current copy of 10 CFR 2.714 petitioner intends to rely to establish proposed determination for each which is available at the Commission’s those facts or expert opinion. Petitioner amendment request is shown below. Public Document Room, the Gelman must provide sufficient information to The Commission is seeking public Building, 2120 L Street, NW., show that a genuine dispute exists with comments on this proposed Washington, DC and at the local public the applicant on a material issue of law determination. Any comments received document room for the particular or fact. Contentions shall be limited to within 30 days after the date of facility involved. If a request for a matters within the scope of the publication of this notice will be hearing or petition for leave to intervene amendment under consideration. The considered in making any final is filed by the above date, the contention must be one which, if determination. Commission or an Atomic Safety and proven, would entitle the petitioner to Normally, the Commission will not Licensing Board, designated by the relief. A petitioner who fails to file such issue the amendment until the Commission or by the Chairman of the a supplement which satisfies these expiration of the 30-day notice period. Atomic Safety and Licensing Board requirements with respect to at least one However, should circumstances change Panel, will rule on the request and/or contention will not be permitted to during the notice period such that petition; and the Secretary or the participate as a party. failure to act in a timely way would designated Atomic Safety and Licensing Those permitted to intervene become result, for example, in derating or Board will issue a notice of a hearing or parties to the proceeding, subject to any shutdown of the facility, the an appropriate order. limitations in the order granting leave to Commission may issue the license As required by 10 CFR 2.714, a intervene, and have the opportunity to amendment before the expiration of the petition for leave to intervene shall set participate fully in the conduct of the 30-day notice period, provided that its forth with particularity the interest of hearing, including the opportunity to final determination is that the the petitioner in the proceeding, and present evidence and cross-examine amendment involves no significant how that interest may be affected by the witnesses. hazards consideration. The final results of the proceeding. The petition If a hearing is requested, the determination will consider all public should specifically explain the reasons Commission will make a final and State comments received before why intervention should be permitted determination on the issue of no action is taken. Should the Commission with particular reference to the significant hazards consideration. The 50340 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices final determination will serve to decide Commonwealth Edison Company, of this proposed change. Therefore, no new when the hearing is held. Docket Nos. STN 50-454 and STN 50- or different failure modes are being introduced by deleting the laboratory testing. If the final determination is that the 455, Byron Station, Unit Nos. 1 and 2, Ogle County, Illinois Docket Nos. STN Thus, this proposed change does not create amendment request involves no the possibility of a new or different kind of 50-456 and STN 50-457, Braidwood significant hazards consideration, the accident from any accident previously Station, Unit Nos. 1 and 2, Will County, Commission may issue the amendment evaluated. Illinois and make it immediately effective, 3. The proposed change does not involve notwithstanding the request for a Date of amendment request: August 2, a significant reduction in a margin of safety. This proposed change only involves hearing. Any hearing held would take 1996 Description of amendment request: deleting laboratory testing requirements place after issuance of the amendment. designed to demonstrate service life of The proposed amendment would sleeved tubes in the presence of a crevice. If the final determination is that the eliminate from the licenses the amendment request involves a Sleeve integrity will be monitored during the requirement to conduct corrosion operating cycle through the current primary- significant hazards consideration, any testing for the laser welded steam to-secondary leakage monitoring program. In hearing held would take place before generator sleeves. the event of premature degradation of a the issuance of any amendment. Basis for proposed no significant sleeve joint that results in tube leakage, plant A request for a hearing or a petition hazards consideration determination: shutdown will occur as required by Technical Specifications and administrative for leave to intervene must be filed with As required by 10 CFR 50.91(a), the licensee has provided its analysis of the requirements in accordance with approved the Secretary of the Commission, U.S. plant procedures. Sleeved tubes will be Nuclear Regulatory Commission, issue of no significant hazards monitored for degradation in accordance Washington, DC 20555-0001, Attention: consideration, which is presented with the existing inservice inspection Docketing and Services Branch, or may below: requirements which monitors a minimum 20 1. The proposed change does not involve percent random sleeve sample size. Any be delivered to the Commission’s Public a significant increase in the probability or Document Room, the Gelman Building, tubes with defective sleeve joints will be consequences of an accident previously plugged as required by Technical 2120 L Street, NW., Washington DC, by evaluated. Specifications. Service life of sleeved tubes the above date. Where petitions are filed This proposed change only involves in the presence of a crevice, as predicted by during the last 10 days of the notice deleting laboratory testing requirements laboratory testing, does not affect the margin period, it is requested that the petitioner designed to demonstrate service life of laser of safety of the plant. Therefore, this promptly so inform the Commission by welded sleeved tubes in the presence of a proposed change does not involve a crevice. Current inspection requirements significant reduction in a margin of safety. a toll-free telephone call to Western ensure that premature degradation is Union at 1-(800) 248-5100 (in Missouri identified and that tubes containing degraded The NRC staff has reviewed the 1-(800) 342-6700). The Western Union sleeve joints are plugged. Operational licensee’s analysis and, based on this operator should be given Datagram primary-to-secondary leakage limits ensure that appropriate action is taken if sleeve review, it appears that the three Identification Number N1023 and the standards of 10 CFR 50.92(c) are following message addressed to (Project degradation results in leakage. These actions will ensure that offsite dose will be satisfied. Therefore, the NRC staff Director): petitioner’s name and maintained within a small percentage of 10 proposes to determine that the telephone number, date petition was CFR 100 limits. Failure of a sleeve joint is requested amendments involve no mailed, plant name, and publication bounded by the Steam Generator Tube significant hazards consideration. date and page number of this Federal Rupture event evaluated in the [Updated Local Public Document Room Register notice. A copy of the petition Final Safety Analysis Report] UFSAR. location: For Byron, the Byron Public should also be sent to the Office of the Therefore, the laboratory testing to determine Library District, 109 N. Franklin, P.O. General Counsel, U.S. Nuclear service life of sleeved tube joints in the presence of a crevice does not provide any Box 434, Byron, Illinois 61010; for Regulatory Commission, Washington, further useful data. The change does not Braidwood, the Wilmington Public DC 20555-0001, and to the attorney for result in the installation of any new Library, 201 S. Kankakee Street, the licensee. equipment, and no existing equipment is Wilmington, Illinois 60481. Nontimely filings of petitions for modified. Attorney for licensee: Michael I. Therefore, this proposed change does not Miller, Esquire; Sidley and Austin, One leave to intervene, amended petitions, involve a significant increase in the First National Plaza, Chicago, Illinois supplemental petitions and/or requests probability or consequences of an accident 60603 for a hearing will not be entertained previously evaluated. NRC Project Director: Robert A. Capra absent a determination by the 2. The proposed change does not create the Commission, the presiding officer or the possibility of a new or different kind of Commonwealth Edison Company, Atomic Safety and Licensing Board that accident from any accident previously Docket Nos. 50-373 and 50-374, LaSalle the petition and/or request should be evaluated. County Station, Units 1 and 2, LaSalle This proposed change only addresses County, Illinois granted based upon a balancing of deleting the laboratory testing requirements factors specified in 10 CFR designed to demonstrate service life of Date of amendment request: July 15, 2.714(a)(1)(i)-(v) and 2.714(d). sleeved tubes in the presence of a crevice. 1996 For further details with respect to this Sleeved tubes will continue to be inspected Description of amendment request: and plugged in accordance with existing action, see the application for The proposed amendments would requirements which are sufficient to ensure revise Technical Specifications (TS) and amendment which is available for detection and repair of degraded tubes. associated Bases to relocate the fire public inspection at the Commission’s Premature degradation of tubes is addressed protection program elements from the Public Document Room, the Gelman through primary-to-secondary leakage monitoring and leakage limits. No new TS to the Fire Protection Program. The Building, 2120 L Street, NW., affected TS sections are 3/4.3.7.9, ‘‘Fire Washington, DC, and at the local public equipment is being installed and no existing equipment is being modified by this Detection Instrumentation;’’ 3/4.7.5, document room for the particular proposed change. Also, no new system ‘‘Fire Suppression Systems;’’ 3/4.7.6, facility involved. configurations will be introduced as a result ‘‘Fire Rated Assemblies;’’ and 6.1.C.4, Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50341

‘‘Fire Brigade Staffing.’’ In addition, the the technical specification bases will not be Basis for proposed no significant amendments revise the Operating reduced by this proposed amendment. hazards consideration determination: License to replace existing fire The NRC staff has reviewed the As required by 10 CFR 50.91(a), the protection license conditions with the licensee’s analysis and, based on this licensee has provided its analysis of the NRC’s standard fire protection license review, it appears that the three issue of no significant hazards condition. These changes are made in standards of 10 CFR 50.92(c) are consideration, which is presented accordance with the guidance provided satisfied. Therefore, the NRC staff below: in Generic Letter (GL) 86-10, proposes to determine that the 1. Does the change involve a significant ‘‘Implementation of Fire Protection requested amendments involve no increase in the probability or consequences Requirements,’’ and GL 88-12, significant hazards consideration. of an accident previously evaluated? ‘‘Removal of Fire Protection Local Public Document Room The proposed change revises the 10 CFR 50, Appendix H reactor vessel material Requirements from Technical location: Jacobs Memorial Library, Illinois Valley Community College, specimen withdrawal schedule. Neither the Specifications.’’ Also, the May 19, 1995, specimens, nor the process of withdrawal of proposed revision to remove the fire Oglesby, Illinois 61348. Attorney for licensee: Michael I. the specimens, are considered as initiators protection requirements from the TS (60 for any previously evaluated accident. Miller, Esquire; Sidley and Austin, One FR 35067) is withdrawn. Further, data at all fluence levels of current First National Plaza, Chicago, Illinois interest based on ASTM E185-82 has already Basis for proposed no significant 60603 hazards consideration determination: been obtained from seven Zion Unit 1 and 2 NRC Project Director: Robert A. Capra capsules which have been tested, and the As required by 10 CFR 50.91(a), the Commonwealth Edison Company, existing evaluations show the reactor vessel licensee has provided its analysis of the fracture toughness properties to be as issue of no significant hazards Docket Nos. 50-295 and 50-304, Zion expected, and providing the required safety consideration, which is presented Nuclear Power Station, Units 1 and 2, margin. Extending the time for withdrawal of below: Lake County, Illinois the specimen does not adversely affect the 1) Involve a significant increase in the Date of amendment request: July 26, pressure and temperature limit curves for the probability or consequences of an accident 1996, and supplemented on September reactor vessel. Regulatory Guide 1.99, Rev. 2, previously evaluated because: 3, 1996 was used to prepare the conservative This amendment request does not involve Description of amendment request: pressure and temperature limit curves which any actual changes to the fire protection continue to be requirements. systems at the station. It involves an The proposed amendments would allow Additionally, Zion Station participates in administrative change which relocates the licensee control of the reactor coolant the B&W Owners Group Reactor Vessel control of the Fire Protection Program from system (RCS) pressure and temperature Working Group designed to significantly each unit’s operating license and technical (P/T) limits for heatup, cooldown, low increase the amount of PWR surveillance specifications to the station Fire Protection temperature operation and hydrostatic data. Under this Working Group, Zion Program, as suggested in Generic Letters 86- testing. They would also revise the Station data contributes to the overall 10 and 88-12. Therefore, the relocation of reactor vessel material surveillance understanding of reactor vessel material these controls does not affect the program specimen withdrawal schedule irradiation behavior at high EOL fluences, assumptions for any of the accident analysis such that the Unit 2 removal of capsule and obtains the benefit of data from other contained in Chapter 15 of the [Updated plants. This program complements the Zion Final Safety Analysis Report] UFSAR. X is delayed until 19 Effective Full Station program so that postponement of the The Fire Protection Technical Power Years (EFPY). This change affects specimen withdrawal will have minimal Specifications which are to be relocated to the schedule for withdrawing impact on the understanding of the the Fire Protection Program will be surveillance capsules from the reactor irradiation effects on the Zion Station reactor controlled by the proposed fire protection vessel for testing to measure the impact vessel. Therefore, this change does not license condition and 10CFR 50.59. These of neutron irradiation of the vessel involve a significant increase in the controls ensure that the requested changes material and is required by Section probability or consequences of an accident maintain the same level of control for the III.B.3 of 10 CFR Part 50, Appendix H, previously evaluated. Fire Protection Program as that which ‘‘Reactor Vessel Material Surveillance The proposed revision to the specimen currently exists in the Technical withdrawal schedule does not change the Specifications. Therefore, this change is Program Requirements.’’ The schedule system operation or design, and therefore, administrative in nature and does not involve must be approved by the Nuclear does not change the response of any required a significant increase in the probability or Regulator Commission (NRC) before structures, systems or components in the consequences of an accident previously implementation. mitigation of any evaluated accident. As evaluated. Based on input from the Babcock and such, this change does not involve a 2) Create the possibility of a new or Wilcox Owners Group Reactor Vessel significant increase in the consequences of an different kind of accident from any accident Working Group, the data from Zion, accident previously evaluated. previously evaluated because: Unit 2, capsule X would be more useful The proposed change relocates the RCS P/ This amendment request does not involve in the overall Master Integrated Reactor T, LTOP [low-temperature overpressure any physical changes to the fire protection protection] limitations, and supporting systems or reduce the level of control of the Vessel Surveillance Program (MIRVP) information from the Technical Fire Protection Program. It therefore does not context if irradiated to the ASTM E185- Specifications to Licensee control, create the possibility of a new or different 82 maximum of twice the peak End Of specifically a Pressure Temperature Limits type of accident than any previously Life (EOL) vessel fluence, because data Report (PTLR). Compliance with these described in the UFSAR. at higher fluences is needed to limitations will continue to be required by 3) Involve a significant reduction in the characterize irradiation behavior at the the Technical Specifications, however the margin of safety because: higher EOL fluences characteristic of limitations themselves will be relocated to a The same level of control which is other non-Commonwealth Edison Licensee controlled document. Changes to currently applied to the Fire Protection MIRVP vessels. For this reason, the these limitations will be controlled by Program by the limiting conditions for Section 5.6.6 of the Technical Specifications. operation and the surveillance requirements licensee is proposing withdrawing and Changes to the RCS P/T limits can only be of the technical specifications will be testing Zion, Unit 2, capsule X at 19 made in accordance with the approved included in the controls applied by the unit EFPY, which is currently estimated to methodologies listed in the Technical licenses and the Fire Protection Program. occur at refueling outage Z2R18, in the Specifications which will, in combination Therefore, the margin of safety as defined in year 2002. with the limitations that continue to be 50342 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices imposed by the Technical Specifications, methodologies, and compliance with the 2. The proposed TS changes do not create continue to assure the function of the reactor limitations relocated to the PTLR will the possibility of a new or different kind of vessel as a pressure boundary. Revisions to continue to be required by the Technical accident from any accident previously the LTOP limits can only be made in Specifications. Additionally, any revision to evaluated. accordance with the approved methodologies the LTOP limits which result in setpoint The proposed change results from analysis listed in the Technical Specifications, with changes will be controlled through a process of the Cycle 6 core reload using the same fuel any resulting setpoint changes controlled which utilizes 10 CFR 50.59. Therefore, this types as previous cycles. These changes do through a process which utilizes 10 CFR change does not involve a significant not involve any new method for operating 50.59. Therefore, this change does not reduction in a margin of safety. the facility and do not involve any facility involve a significant increase in the The NRC staff has reviewed the modifications. No new initiating events or probability or consequences of an accident licensee’s analysis and, based on this transients result from these changes. previously evaluated. review, it appears that the three Therefore, the proposed TS change does not 2. Does the change create the possibility of standards of 10 CFR 50.92(c) are create the possibility of a new or different a new or different kind of accident from any satisfied. Therefore, the NRC staff kind of accident from any accident accident previously evaluated? proposes to determine that the previously evaluated. The proposed change does not necessitate requested amendments involve no 3. The proposed TS changes do not involve a physical alteration of the plant (no new or a significant reduction in a margin of safety. different equipment will be installed). The significant hazards consideration. The margin of safety as defined in the TS proposed revision to the specimen Local Public Document Room Bases will remain the same. The new withdrawal schedule does not change the location: Waukegan Public Library, 128 SLMCPRs are calculated using NRC- system operation or design, and therefore, N. County Street, Waukegan, Illinois approved methods which are in accordance does not introduce any new failure 60085 with the current fuel design and licensing mechanisms. The proposed specimen Attorney for licensee: Michael I. criteria. Additionally, interim implementing withdrawal schedule continues to provide Miller, Esquire; Sidley and Austin, One procedures, which incorporate cycle-specific the required data for subsequent reactor First National Plaza, Chicago, Illinois parameters, have been used. The MCPR vessel evaluations, and previous data has 60603 Safety Limit remains high enough to ensure confirmed the confidence in the integrity of NRC Project Director: Robert A. Capra that greater than 99.9% of all fuel rods in the the reactor vessel well beyond the core will avoid transition boiling if the limit completion of the evaluations following the Detroit Edison Company, Docket No. is not violated, thereby preserving the fuel proposed withdrawal. Therefore, this 50-341, Fermi-2, Monroe County, cladding integrity. Therefore, the proposed revision to the withdrawal schedule does not Michigan TS change does not involve a reduction in a create the possibility of a new or different margin of safety. kind of accident from any accident Date of amendment request: The NRC staff has reviewed the previously evaluated. September 5, 1996 (NRC-96-0075) licensee’s analysis and, based on this The proposed change does not necessitate Description of amendment request: review, it appears that the three a physical alteration of the plant (no new or The proposed amendment would revise standards of 10 CFR 50.92(c) are different equipment will be installed). The Technical Specification (TS) sections Technical Specifications will continue to satisfied. Therefore, the NRC staff 2.1.2 and 3.4.1.1 to incorporate cycle- proposes to determine that the retain requirements to maintain the RCS specific safety limit minimum critical within acceptable operational limitations and amendment request involves no power ratios (SLMCPRs) for the core to assure operability of the LTOP system. As significant hazards consideration. such, the Technical Specifications will that will be loaded during the upcoming Local Public Document Room continue to require compliance with these refueling outage expected to commence location: Monroe County Library limitations. Thus, this change does not create in November 1996. System, 3700 South Custer Road, the possibility of a new or different kind of Basis for proposed no significant Monroe, Michigan 48161 accident from any accident previously hazards consideration determination: Attorney for licensee: John Flynn, evaluated. As required by 10 CFR 50.91(a), the Esq., Detroit Edison Company, 2000 3. Does this change involve a significant licensee has provided its analysis of the reduction in a margin of safety? Second Avenue, Detroit, Michigan issue of no significant hazards 48226 The proposed change to the specimen consideration, which is presented withdrawal schedule will not result in a NRC Project Director: John Hannon significant reduction in a margin of safety below: 1. The proposed TS changes do not involve Entergy Operations, Inc., et al., Docket because it has no impact on any safety a significant increase in the probability or No. 50-416, Grand Gulf Nuclear analysis assumptions. Additionally, data at consequences of an accident previously all fluence levels of current interest based on Station, Unit 1, Claiborne County, evaluated. Mississippi ASTM E185-82 has already been obtained The derivation of the revised SLMCPRs for with the seven Zion Unit 1 and 2 capsules Fermi 2 for incorporation into the TS, and its Date of amendment request: July 31, which have been tested, and the existing use to determine cycle-specific thermal 1996, as supplemented by letter dated evaluations show the reactor vessel fracture limits, have been performed using NRC- September 5, 1996. These letters toughness properties to be as expected, and approved methods. Additionally, interim supersede the application submitted in providing the required safety margin. The implementing procedures, which incorporate current pressure and temperature limits are letter dated May 9, 1996, which was cycle-specific parameters, have been used noticed in the Federal Register on June conservative and also provide sufficient which result in a more restrictive value for margin to ensure the integrity of the reactor the SLMCPR. These calculations do not 5, 1996 (61 FR 28614). vessel. The proposed change to the change the method of operating the plant and Description of amendment request: withdrawal schedule does not adversely have no effect on the probability of an The amendment request would (1) impact these curves. Therefore, this change accident initiating event or transient. The increase the safety limit minimum does not involve a significant reduction in a basis of the MCPR Safety Limit is to ensure critical power ratio (MCPR) for two loop margin of safety. that no mechanistic fuel damage is calculated operation and single loop operation to The proposed change will not result in a to occur if the limit is not violated. The new 1.12 and 1.14, respectively, and (2) add significant reduction in a margin of safety SLMCPRs preserve the existing margin to a General Electric topical report to the because it has no impact on any safety transition boiling and the probability of fuel analysis assumptions. Any future changes to damage is not increased. Therefore, the list of documents describing the the RCS P/T, LTOP limits, or supporting proposed TS change does not involve an analytical methods used to determine information must be performed in increase in the probability or consequences the core operating limits. The proposed accordance with approved NRC of an accident previously evaluated. changes are to Section 2.1.1, Reactor Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50343

Core Safety Limits, and Section 5.6.5, II. The proposed change does not create the Gulf States Entergy, Cajun Electric Core Operating Limits Report (COLR), possibility of a new or different kind of Power Cooperative, and Entergy respectively, of the Technical accident from any accident previously Operations, Inc., Docket No. 50-458, Specifications (TSs). This amendment evaluated. River Bend Station, Unit 1, West would go into effect in Operating Cycle The GE11 fuel to be used in [Operating] Feliciana Parish, Louisiana 9, at the end of the upcoming Refueling Cycle 9 is of a design compatible with fuel present in the core and used in the previous Date of amendment request: August 1, Outage 8, and the plant will have a 1996 mixed core of Siemens Power cycle. Therefore, the GE11 fuel will not create the possibility of a new or different Description of amendment request: Corporation (SPS) 9x9-5 and General kind of accident. The proposed changes do The proposed amendment would revise Electric (GE) GE11 reload fuel. The not involve any new modes of operation, any the Technical Specifications (TSs) to licensee also proposed changes to the changes to setpoints, or any plant incorporate requirements for limiting Bases of the TSs associated with the modifications. They introduce revised MCPR the time that the hydrogen mixing above proposed changes. safety limits that have been proved to be isolation valves on the drywell are open. Basis for proposed no significant acceptable for Cycle 9 operation. Compliance The requirements were contained in the hazards consideration determination: with the applicable criterion for incipient old TSs and with the conversion to the As required by 10 CFR 50.91(a), the boiling transition continues to be ensured. Improved Standard Technical licensee has provided its analysis of the The proposed MCPR safety limits do not Specifications, the requirements were issue of no significant hazards result in the creation of any new precursors inadvertently changed. The proposed to an accident. consideration, which is presented action is to restore requirements to meet Therefore, the proposed changes do not below: the licensing basis for the River Bend I. The proposed change does not create the possibility of a new or different significantly increase the probability or type of accident from any accident Station. The proposed amendment consequences of an accident previously previously evaluated. would also change the time from 7 days evaluated. III. The proposed change does not involve to 31 days to determine the cumulative The Minimum Critical Power Ratio (MCPR) a significant reduction in a margin of safety. time the valves are open. safety limit is defined in the Bases to The MCPR safety limits have been Basis for proposed no significant Technical Specification 2.1.1 as that limit evaluated to ensure that during normal hazards consideration determination: which ‘‘ensures that during normal operation operation and during AOOs [abnormal As required by 10 CFR 50.91(a), the and during Anticipated Operational operating occurrences], at least 99.9% of the licensee has provided its analysis of the Occurrences (AOOs), at least 99.9% of the fuel rods in the core do not experience fuel rods in the core do not experience issue of no significant hazards transition boiling. Therefore, the transition boiling.’’ The MCPR safety limit is consideration, which is presented implementation of the proposed changes in re-evaluated for each reload and, for GGNS below: [Operating] Cycle 9, the analyses have the MCPR safety limit ensure there is no The proposed changes in this submittal put concluded that a two-loop MCPR safety limit reduction in the margin of safety. the requirements that were in the original of 1.12 based on the application of the As with the current SPC methodology, Technical Specifications for the Hydrogen generic GE MCPR methodology is necessary GGNS will implement only the NRC- Mixing System back into the current to ensure that this acceptance criterion is approved revisions to GE’s GESTAR Technical Specifications. The changes satisfied. For single-loop operation, a MCPR methodology. This GE methodology is reenstate into the Technical Specifications safety limit of 1.14 based on the generic GE similar to those SPC reports currently listed limitations that were previously agreed to MCPR methodology was determined to be in TS 5.6.5 and it will be applied in a similar, between River Bend and the Nuclear necessary. Core MCPR operating limits are conservative fashion. One exception to Regulatory Commission in the FSAR Safety developed to support the Technical GESTAR is that the mis-oriented and mis- Evaluation Report for the Hydrogen Mixing Specification 3.2 requirements and ensure located bundle events will continue to be System. these safety limits are maintained in the analyzed as accidents subject to the The River Bend SER states in Supplement event of the worst-case transient. Since the acceptance criteria in the current licensing 2, Section 6.2.4, ‘‘Since the applicant has not MCPR safety limit will be maintained at all basis. This analysis ensures that postulated demonstrated that these valves are capable of times, operation under the proposed changes dose releases will not exceed a small fraction closing under accident conditions in the drywell, certain restrictions apply. Technical will ensure at least 99.9% of the fuel rods in (10 percent) of 10CFR100 [10 CFR Part 100] the core do not experience transition boiling. Specification 3.6.6.2 specifies that in limits. On this basis, the implementation of Therefore, The Minimum Critical Power Operating Modes 1 and 2, the total number this GE methodology does not involve a Ratio (MCPR) safety limit change does not of hours used should not exceed 5 hours/365 affect the probability or consequences of an significant reduction in a margin of safety. days and in Operating Mode 3 the number of accident. The NRC staff has reviewed the hours should be limited to 90 hours/365 The implementation of GE’s GESTAR-II licensee’s analysis and, based on this days.’’ To date, the hydrogen mixing approved methodology has no effect on the review, it appears that the three isolation valves have not been fully probability or consequences of any accidents standards of 10 CFR 50.92(c) are demonstrated to be capable of closing under previously evaluated. One exception to satisfied. Therefore, the NRC staff accident conditions in the drywell. The old GESTAR is that the mis-oriented and mis- Standard Technical Specifications located bundle events will continue to be proposes to determine that the (Attachment 2) used at River Bend reflected analyzed as accidents subject to the amendment request involves no this condition. When conversion to ITS was acceptance criteria in the current licensing significant hazards consideration. made, these requirements were dropped but basis. The design of the GE11 fuel bundles Local Public Document Room should not have been. In addition, the is such that the bundles are not likely to be location: Judge George W. Armstrong requirement to operate the hydrogen mixing mis-oriented or mis-located and the normal Library, 220 S. Commerce Street, system every 92 days during Modes 1, 2, and administrative controls will be in effect for 3 was added without consideration for the assuring proper orientation and location. Natchez, MS 39120 requirements in the River Bend Safety Therefore, the probability of a fuel loading Attorney for licensee: Nicholas S. Evaluation Report. error is not increased. This analysis ensures Reynolds, Esquire, Winston and Strawn, Consequently, for these proposed change, that postulated dose releases will not exceed 1400 L Street, N.W., 12th Floor, since the requirements already exist and are a small fraction (10 percent) of 10 CFR 100 Washington, DC 20005-3502 being reenstated into the Technical limits. Specifications, this change is administrative Therefore, the consequences of accidents NRC Project Director: William D. in nature. The requirements have remained previously evaluated are unchanged. Beckner in place through the SER, but were 50344 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices inadvertently removed from the Technical Houston Lighting & Power Company, review, it appears that the standards of Specifications. This change places the City Public Service Board of San 10 CFR 50.92(c) are satisfied. Therefore, requirements from the SER back into the Antonio, Central Power and Light the NRC staff proposes to determine that Technical Specifications. Company, City of Austin, Texas, Docket the request for amendments involves no In addition, changing the requirement from Nos. 50-498 and 50-499, South Texas significant hazards consideration. the old Technical Specifications for Project, Units 1 and 2, Matagorda Local Public Document Room determining the cumulative time that the County, Texas location: Wharton County Junior hydrogen mixing inlet and outlet valves are Date of amendment request: August College, J. M. Hodges Learning Center, open from every 7 days to every 31 days is 911 Boling Highway, Wharton, TX again administrative in nature, since this 15, 1996. Description of amendment request: 77488 only changes the frequency with which a The proposed amendments would Attorney for licensee: Jack R. given requirement is tracked Newman, Esq., Morgan, Lewis & administratively. It does not change the remove a requirement for performance of a surveillance incorporating a high Bockius, 1800 M Street, N.W., actual requirement in any way. Washington, DC 20036-5869 Consequently, since both of these changes toxic gas test signal. Basis for proposed no significant NRC Project Director: William D. are administrative in nature and only Beckner incorporate requirements into the Technical hazards consideration determination: Specifications that already existed in the RBS As required by 10 CFR 50.91(a), the Illinois Power Company and Soyland FSAR Safety Evaluation Report, the changes licensee has provided its analysis of the Power Cooperative, Inc., Docket No. 50- proposed in this amendment request do not issue of no significant hazards 461, Clinton Power Station, Unit No. 1, change the probability or consequences of an consideration, which is presented DeWitt County, Illinois accident previously evaluated. below: Date of amendment request: August 1. The proposed change does not involve This proposed change does not involve a a significant increase in the probability or 15, 1996 change to the plant design or operation. As consequences of an accident previously Description of amendment request: A a result, the proposed change does not affect evaluated. Federal Register Notice on May 22, any of the parameters or conditions that Analyses were performed to evaluated 1996 (61 FR 25707), stated that revisions could contribute to the initiation of any postulated releases of potentially hazardous were being proposed to Clinton Power accidents. chemicals for their impact on Control Room Station Technical Specification (TS) The changes proposed in this amendment habitability. The latest revision of these 3.3.6.2, ‘‘Secondary Containment request are administrative in nature and analyses shows that none of the potentially Isolation Instrumentation;’’ TS 3.3.7.1, merely add requirements back into the hazardous chemicals utilized onsite or in the surrounding 5-mile radius around the South ‘‘Control Room Ventilation System Technical Specifications that were Texas Project pose a credible hazard to the Instrumentation;’’ TS 3.6.1.2, ‘‘Primary inadvertently deleted during the conversion Control Room. Consequently, there is no Containment Air Locks;’’ TS 3.6.1.3, to ITS. Because of the administrative nature need to ensure that the Control Room ‘‘Primary Containment Isolation of the proposed changes, it is not possible to Makeup and Cleanup Filtration System can Valves;’’ TS 3.6.4.1, ‘‘Secondary create a new or different kind of accident automatically switch into a recirculation Containment;’’ TS 3.6.4.2, ‘‘Secondary from any accident previously evaluated. mode of operation by isolating the normal Containment Isolation Dampers;’’ TS The proposed changes in this amendment supply and exhaust flow in response to a High Toxic Gas test signal. Therefore, 3.6.4.3, ‘‘Standby Gas Treatment;’’ TS request reenstate requirements into the 3.7.3, ‘‘Control Room Ventilation;’’ and Technical specifications that are contained elimination of the unnecessary surveillance has no effect on the probability of an accident TS 3.7.4, ‘‘Control Room AC System.’’ present in the RBS FSAR Safety Evaluation or its consequences. By letter dated August 15, 1996, the Report. These requirements were 2. The proposed change does not create the licensee revised their proposal to inadvertently deleted during the conversion possibility of a new or different kind of consolidate the above changes under a to ITS. accident from any accident previously newly proposed Special Operations Because of the administrative nature of evaluated. LCO (i.e., LCO 3.10.10, ‘‘Single Control these Technical Specification changes, there The Toxic Gas Monitoring System was Rod Withdrawal - Refueling’’). is no change to the margin of safety. provided to protect against hazardous toxic gas releases only. Verifying automatic switch Therefore, the Description of The NRC staff has reviewed the into the recirculation mode of operation is no Amendment Request to the TSs has licensee’s analysis and, based on this longer necessary since the Toxic Gas changed as described herein. The Basis review, it appears that the three Analyzers have been removed. This change for No Significant Hazards standards of 10 CFR 50.92(c) are does not affect other tests for verification of Consideration has not changed and is satisfied. Therefore, the NRC staff automatic switching into the recirculation repeated below. proposes to determine that the mode of operation. Therefore, the proposed Basis for proposed no significant change does not create the possibility of a amendment request involves no new or different kind of accident from any hazards consideration determination: significant hazards consideration. accident previously evaluated. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the Local Public Document Room 3. The proposed change does not involve issue of no significant hazards location: Government Documents a significant reduction in a margin of safety. Analyses have shown that none of the consideration which is presented below: Department, Louisiana State University, chemicals onsite and within a 5-mile radius 1. The proposed changes eliminate CORE Baton Rouge, LA 70803 of the South Texas Project pose a credible ALTERATIONS as an applicable condition Attorney for licensee: Mark hazard to the facility. Automatic switching of requiring operability of the primary and Wetterhahn, Esq., Winston & Strawn, the Control Room Makeup and Cleanup secondary containment and control room Filtration System will continue to be verified ventilation system. As stated in the BASES 1400 L Street, N.W., Washington, D.C. using test signals from other sources. for the associated Technical Specifications, 20005 Based upon this evaluation, the South operability of these systems is primarily NRC Project Director: William D. Texas Project has concluded that these required for mitigation of the design basis Beckner changes do not involve any significant accident - fuel handling accident (DBA-FHA) hazards considerations. and design basis accident - loss of coolant The NRC staff has reviewed the accident (DBA-LOCA). The performance of licensee’s analysis and, based on this CORE ALTERATIONS alone is neither a Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50345 precursor to, nor a condition during which review, it appears that the three controlled by procedures that require these DBAs are postulated to occur. The standards of 10 CFR 50.92(c) are review and approval by the Plant proposed changes only delete CORE satisfied. Therefore, the NRC staff Operation Review Committee. ALTERATIONS as an applicable condition proposes to determine that the The proposed change to TS 4.6.A.1.b for the affected Technical Specifications. All would revise the surveillance other applicable MODES or specified amendment request involves no conditions, including operations with the significant hazards consideration. requirements for a very limited number potential for draining the reactor vessels Local Public Document Room of locked manual valves in the (OPDRVs) and the movement of irradiated location: Vespasian Warner Public emergency core cooling system (ECCS). fuel assemblies within the primary or Library, 120 West Johnson Street, The purpose of the surveillance secondary containment, remain unchanged. Clinton, Illinois 61727 requirements is unchanged and is Further, the limitations placed on the Attorney for licensee: Leah Manning intended to verify that locked valves handling of light loads are also unchanged. Stetzner, Vice President, General remain in their correct position. The The Technical Specifications (and the Counsel, and Corporate Secretary, 500 position of the valves is not changed separate requirements imposed on the handling of light loads) will thus continue to South 27th Street, Decatur, Illinois and the revised surveillance require that systems or functions designed to 62525 requirements will continue to mitigate design-basis/previously evaluated NRC Project Director: Gail H. Marcus demonstrate ECCS valve operability. Thus, the proposed amendment does not accidents are OPERABLE during the relevant Maine Yankee Atomic Power Company, operating MODES or conditions. On the basis involve a significant increase in the of the above, it is concluded that the Docket No. 50-309, Maine Yankee probability or consequences of an accident requested amendment will not increase the Atomic Power Station, Lincoln County, previously evaluated. probability or consequences of any accident Maine 2. The proposed amendment does not create the possibility of a new or different previously evaluated. Date of amendment request: August 2. The proposed changes do not involve kind of accident from any accident any modification to the plant design or to the 12, 1996 previously evaluated. operation of plant systems (except to Description of amendment request: The proposed addition to Exception 2 determine when certain analyzed accident- The proposed amendment would add an to TS 3.6 recognizes that service water mitigating systems or features are required to additional circumstance to Exception 2 cleaning and flushing are operations be OPERABLE). The failure modes of Technical Specification (TS) 3.6, that are required to maintain heat considered for the proposed changes are the Emergency Core Cooling and transfer capability and equipment same as those previously considered, Containment Spray Systems, during therefore, it can be concluded that no new reliability. The proposed amendment which operation of a service water/ does not affect the design of the plant failure modes will be created. On this basis, component cooling pump subsystem is the proposed amendment will not create the and do not permit operation of the plant possibility of a new or different kind of permitted at reduced flow to flush the outside the currently allowed modes of accident from any accident previously service water header or inlet strainer. operation. evaluated. The Bases for this TS would be The proposed change to TS 4.6.A.1.b 3. The changes being made to eliminate augmented to support the additional maintains verification of ECCS valve CORE ALTERATIONS as an applicable circumstance of reduced service water operability, while requiring no changes condition for which certain LCOs must be flow. in system configuration to perform met, do not eliminate the requirements for The proposed amendment would also surveillance testing. System functional operability of those systems or features modify the valve surveillance assumed to mitigate design-basis or analyzed performance is not adversely affected. requirements of TS 4.6.A.1.b, Periodic Thus, the proposed amendment does not accidents during the applicable MODES create the possibility of a new or different when such systems or features are assumed Testing of ECCS Valves, to provide an kind of accident from any accident to be available for performing their mitigating exception to surveillance requirements previously evaluated. function. The safety margins assumed or for those locked valves that are 3. The proposed change does not involve established by the accident analyses for those inaccessible during power operations or a significant reduction in a margin of safety. design-basis events (as described in the located in a locked high radiation area. The proposed change to TS 3.6 does not accident analyses of the Clinton Power The Bases for this TS would be significantly alter the availability or Station Updated Final Safety Analysis augmented to support the change in condition of applicable equipment and Report) therefore remain unchanged. Further, surveillance requirements. therefore does not alter the accident analyses the proposed changes do not impact the Basis for proposed no significant or the conclusions associated with that controls imposed on the handling of light hazards consideration determination: equipment. The proposed change permits loads (including unirradiated fuel service water flow to be reduced below that assemblies) for ensuring that such activities As required by 10 CFR 50.91(a), the licensee has provided its analysis of the required for operation of the ECCS in the cannot result in an event that yields recirculation mode, for a short time. The time consequences more severe than those issue of no significant hazards consideration. The NRC staff’s analysis during which flow is reduced and both the calculated for the DBA-FHA. With respect to mussel control and flushing evolutions are reactivity concerns during refueling is presented below. administratively controlled by procedures operations (MODE 5), all systems or features 1. The proposed amendment does not reviewed and approved by the Plant required to be OPERABLE for precluding involve a significant increase in the Operation Review Committee. inadvertent criticality and monitoring probability or consequences of an accident The proposed change to TS 4.6.A.1.b reactivity changes will continue to be previously evaluated. maintains verification of valve required OPERABLE as per the current Invocation of the proposed addition to operability. Valve position surveillances Technical Specification requirements. The Exception 2 to TS 3.6 would not alter will continue to be conducted in deletion of CORE ALTERATIONS as an any associated Remedial Action accordance with plant Technical applicable condition only applies to the completion time, nor those of TS 3.0.A, noted systems which do not contribute to Specifications to ensure valve Nonconformance with a Limiting precluding reactivity events. Based on the operational readiness. above, the proposed changes do not involve Condition for Operation. The evolutions Thus, there is no significant reduction in a significant reduction in the margin of for which this amendment is intended a margin of safety. safety. (flushing a heat exchanger inlet strainer Based on this review, it appears that the The NRC staff has reviewed the or cleaning a service water header that three standards of 10 CFR 50.92(c) are licensee’s analysis and, based on this has become fouled)are administratively satisfied. Therefore, the NRC staff proposes to 50346 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices determine that the amendment request kind of accident from any accident The proposed TS change to revise items 1 involves no significant hazards previously evaluated. through 28 above (Section I, Description of consideration. 3. The proposed change does not involve the Proposed Change) was evaluated and the Local Public Document Room a significant reduction in a margin of safety. proposed TS changes were determined to be location: Wiscasset Public Library, High The NRC Standard Review Plan, Section administrative in nature. The changes [items Street, P.O. Box 367, Wiscasset, ME 9.1.1, acceptance criterion of a keff of 0.95 2 through 9, 11, 17 through 21, 23, 26, and provides the margin to criticality. An 04578 27] involve administrative title changes of analysis was performed that concluded that TVA management positions, the updating of Attorney for licensee: Mary Ann the proposed change to allow fuel storage in an NRC mailing address and an NRC regional Lynch, Esquire, Maine Yankee Atomic spent fuel pool region 2 in a checkerboard office title. In addition, certain sections Power Company, 329 Bath Road, pattern meets the acceptance criterion. [items 1, 10, 12, 13, 24, and 25] are being Brunswick, ME 04011 NRC Deputy Therefore, the proposed changes do not relocated into other licensee documents for Director: John A. Zwolinski involve a significant reduction in a margin of which those provisions are adequately safety. controlled by regulatory requirements. [Items Pacific Gas and Electric Company, The NRC staff has reviewed the 14, 15, 16, 22, and 28 are editorial changes.] Docket Nos. 50-275 and 50-323, Diablo licensee’s analysis and, based on this These changes do not affect any of the design Canyon Nuclear Power Plant, Unit Nos. review, it appears that the three basis accidents. They do not involve an 1 and 2, San Luis Obispo County, standards of 50.92(c) are satisfied. increase in the probability or consequences California Therefore, the NRC staff proposes to of an accident previously evaluated. determine that the amendment requests 2. The proposed amendment does not Date of amendment requests: June 7, create the possibility of a new or different 1996 involve no significant hazards kind of accident from any accident Description of amendment requests: consideration. previously evaluated. The proposed amendments would Local Public Document Room The proposed TS change to revise items 1 revise the combined Technical location: California Polytechnic State through 28 above (Section I, Description of Specifications (TS) for the Diablo University, Robert E. Kennedy Library, the Proposed Change) was evaluated and the Canyon Power Plant, Unit Nos. 1 and 2 Government Documents and Maps proposed TS changes were determined to be administrative in nature. The changes by revising Technical Specifications Department, San Luis Obispo, California 93407 involve administrative title changes of TVA (TS) 3/4.9.14.1, ‘‘Spent Fuel Assembly management positions, the updating of an Storage - Spent Fuel Pool Region 2,’’ Attorney for licensee: Christopher J. Warner, Esq., Pacific Gas and Electric NRC mailing address and an NRC regional and 3/4.9.14.3, ‘‘Spent Fuel Assembly office title. In addition, certain sections are Storage - Spent Fuel Pool Region 1,’’ to Company, P.O. Box 7442, San being relocated into other licensee allow storage of fuel assemblies in a Francisco, California 94120 documents for which those provisions are checkerboard pattern in region 2 of the NRC Project Director: William H. adequately controlled by regulatory spent fuel pool. Bateman requirements. These changes do not affect Basis for proposed no significant Tennessee Valley Authority, Docket any of the design basis accidents. No hazards consideration determination: modifications to any plant equipment are Nos. 50-259, 50-260 and 50-296, Browns involved. There are no effects on system As required by 10 CFR 50.91(a), the Ferry Nuclear Plant, Units 1, 2 and 3, interactions made by these changes. They do licensee has provided its analysis of the Limestone County, Alabama not create the possibility of a new or different issue of no significant hazards Date of amendment request: June 6, kind of accident from an accident previously consideration, which is presented 1996 (TS 372) evaluated. below: Description of amendment request: 3. The proposed amendment does not involve a significant reduction in a margin of 1. The proposed change does not involve The proposed amendment revises a significant increase in the probability or safety. consequences of an accident previously Section 6 of the Browns Ferry Nuclear The proposed TS change to revise items 1 evaluated. Plant Units 1, 2, and 3 technical through 28 above (Section I, Description of Analysis indicates that allowing fuel specifications. Administrative controls the Proposed Change) was evaluated and the storage in a checkerboard associated with quality assurance are proposed TS changes were determined to be pattern with empty storage cells in region relocated to the licensee’s Nuclear administrative in nature. The changes 2 of the spent fuel Quality Assurance Plan, consistent with involve administrative title changes of TVA pool will not result in an inadvertent Administrative Letter 95-06, and management positions, the updating of an criticality event. The keff will continue to provides revisions that make Section 6 NRC mailing address and an NRC regional office title. In addition, certain sections are remain below 0.95 as required to meet the more consistent with the improved acceptance criteria in the NRC Standard being relocated into other licensee Review Plan, Section 9.1.1. Standard Technical Specifications. documents for which those provisions are Therefore, the proposed changes do not Additional administrative changes are adequately controlled by regulatory involve a significant increase in the included to ensure consistent requirements. The margin of safety as probability or consequences of an accident terminology within the specifications, reported in the basis for the TSs is not previously evaluated. and to update obsolete items such as reduced. The proposed change is 2. The proposed change does not create the titles and addresses. The proposed administrative and does not impact any possibility of a new or different kind of amendment also includes minor technical information contained in the bases accident from any accident previously editorial changes. of the TS. evaluated. Basis for proposed no significant The NRC staff has reviewed the The change to allow fuel storage in a hazards consideration determination: licensee’s analysis and, based on this checkerboard pattern with no minimum review, it appears that the three burnup requirements in region 2 of the spent As required by 10 CFR 50.91(a), the licensee has provided its analysis of the standards of 10 CFR 50.92(c) are fuel pool would designate locations where a satisfied. Therefore, the NRC staff fuel assembly could be incorrectly placed. issue of no significant hazards However, the incorrect placement of a fuel consideration, which is presented proposes to determine that the assembly has been analyzed and would not below: amendment request involves no cause an inadvertent criticality or any other 1. The proposed amendment does not significant hazards consideration. accident. involve a significant increase in the Local Public Document Room Therefore, the proposed changes do not probability or consequences of an accident location: Athens Public Library, South create the possibility of a new or different previously evaluated. Street, Athens, Alabama 35611 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50347

Attorney for licensee: General Attorney for licensee: General Series 44 and 51 Steam Generator Tubes Counsel, Tennessee Valley Authority, Counsel, Tennessee Valley Authority, Using Leak Tight Sleeves.’’ Date of 400 West Summit Hill Drive, ET llH, 400 West Summit Hill Drive, ET llH, publication of individual notice in Knoxville, Tennessee 37902 Knoxville, Tennessee 37902 Federal Register: September 11, 1996 NRC Project Director: Frederick J. NRC Project Director: Frederick J. (61 FR 47966) Hebdon Hebdon Expiration date of individual notice: Tennessee Valley Authority, Docket Previously Published Notices Of October 11, 1996 Nos. 50-259, 50-260 and 50-296, Browns Consideration Of Issuance Of Local Public Document Room Ferry Nuclear Plant, Units 1, 2 and 3, Amendments To Facility Operating location: location: Waukegan Public Limestone County, Alabama Licenses, Proposed No Significant Library, 128 N. County Street, Date of amendment request: August Hazards Consideration Determination, Waukegan, Illinois 60085. And Opportunity For A Hearing 30, 1996 (TS 380) PECO Energy Company, Public Service Description of amendment request: The following notices were previously Electric and Gas Company, Delmarva The proposed amendment deletes published as separate individual Power and Light Company, and License Condition 2.C.(3) regarding notices. The notice content was the Atlantic City Electric Company, Docket thermal water quality standards from same as above. They were published as Nos. 50-277 and 50-278, Peach Bottom the licenses for the Browns Ferry individual notices either because time Atomic Power Station, Unit Nos. 2 and Nuclear Plant Units 1, 2, and 3. did not allow the Commission to wait 3, York County, Pennsylvania Basis for proposed no significant for this biweekly notice or because the hazards consideration determination: action involved exigent circumstances. Date of amendment request: March As required by 10 CFR 50.91(a), the They are repeated here because the 25, 1996, as supplemented by letter licensee has provided its analysis of the biweekly notice lists all amendments dated August 23, 1996 issue of no significant hazards issued or proposed to be issued Brief description of amendment consideration, which is presented involving no significant hazards request: The proposed amendment below: consideration. would revise the safety limit minimum 1. The proposed amendment does not For details, see the individual notice critical power ratios (SLMCPRs) to involve a significant increase in the in the Federal Register on the day and support use of GE-13 fuel at PBAPS, probability or consequences of an accident page cited. This notice does not extend Units 2 and 3. Date of publication of previously evaluated. the notice period of the original notice. individual notice in Federal Register: The proposed License Condition change is August 30, 1996 (61 FR 45997) an adminstrative change and has no Commonwealth Edison Company, relationship to plant safety analyses. Docket Nos. 50-295 and 50-304, Zion Expiration date of individual notice: Therefore, this change does not increase the Nuclear Power Station, Units 1 and 2, September 30, 1996 frequency of the precursors to design basis Lake County, Illinois Local Public Document Room events or operational transients analyzed in location: Government Publications the BFN [Browns Ferry Nuclear Plant] Final Date of amendment request: August Safety Analysis Report. Likewise, the 16, 1996 Section, State Library of Pennsylvania, proposed changes will not increase the Description of amendment request: (REGIONAL DEPOSITORY) Education consequences of an accident previously This notice relates to your submittal to Building, Walnut Street and evaluated. remove the uncertainty term from the Commonwealth Avenue, Box 1601, 2. The proposed amendment does not specified distance and remove the Harrisburg, PA 17105. create the possibility of a new or different kind of accident from any accident footnote which specifies the time frame Pennsylvania Power and Light previously evaluated. it is applicable. Company, Docket No. 50-387 The proposed License Condition change is Date of publication of individual Susquehanna Steam Electric Station, an administrative change and has no notice in Federal Register: September Unit 1, Luzerne County, Pennsylvania relationship to plant safety analyses. Thus, 11, 1996 (61 FR 47968) the change does not create any type of new Expiration date of individual notice: Date of amendment request: May 28, accident sequences. Likewise, the proposed October 11, 1996 1996, as supplemented by letter dated amendment does not create the possibility of Local Public Document Room July 25, 1996 a new or different kind of accident from any location: location: Waukegan Public Brief description of amendment accident previously evaluated. Library, 128 N. County Street, request: The proposed amendment 3. The proposed amendment does not Waukegan, Illinois 60085. involve a significant reduction in a margin of would revise the Minimum Critical safety. Commonwealth Edison Company, Power Ratio safety limit values, adding The proposed License Condition change is Docket Nos. 50-295 and 50-304, Zion two references to reflect the use of the an administrative change and has no Nuclear Power Station, Units 1 and 2, ANF-B Critical Power Ratio Correlation relationship to plant safety analyses. Lake County, Illinois and to reflect the use of the ABB Therefore, the proposed amendment does not Combustion Engineering licensing involve a reduction in the margin of safety. Date of amendment request: methodology, with a modification to the The NRC staff has reviewed the September 3, 1996 associated Bases. licensee’s analysis and, based on this Description of amendment request: Date of publication of individual review, it appears that the three This notice relates to your submittal to notice in Federal Register: September 9, standards of 10 CFR 50.92(c) are modify Technical Specification Section 1996 (61 FR 47529) satisfied. Therefore, the NRC staff 4.3.1.B.4.A.10.a which provides the proposes to determine that the acceptance criteria for steam generator Expiration date of individual notice: amendment request involves no tube repairs by adding a footnote which October 9, 1996 significant hazards consideration. references the cleanliness and Local Public Document Room Local Public Document Room nondestructive examination location: Osterhout Free Library, location: Athens Public Library, South requirements as described in CEN-629- Reference Department, 71 South Street, Athens, Alabama 35611 P, Revision 00, ‘‘Repair of Westinghouse Franklin Street, Wilkes-Barre, PA 18701 50348 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

Notice Of Issuance Of Amendments To to be done independent of the safety September 18, 1995, January 19, March Facility Operating Licenses injection or loss of offsite power testing; 15, May 16, and August 27, 1996 During the period since publication of and (3) revise TS 4.6.1.3 to include the Description of amendment: The the last biweekly notice, the EDG protective bypass inspection. amendment revises the Technical Commission has issued the following Date of issuance: September 11, 1996 Specifications to reflect the new Effective date: September 11, 1996 amendments. The Commission has setpoints, operational parameters, and Amendment No. 174 approved analysis methodologies determined for each of these Facility Operating License No. DPR- amendments that the application associated with replacement of the Unit 23. Amendment revises the Technical 1 steam generators. The amendment also complies with the standards and Specifications. requirements of the Atomic Energy Act deletes references to steam generator Date of initial notice in Federal tube repair methods, which will no of 1954, as amended (the Act), and the Register: February 28, 1996 (61 FR Commission’s rules and regulations. longer be applicable after the 7546) The Commission’s related replacement, and clarifies initial The Commission has made appropriate evaluation of the amendment is findings as required by the Act and the surveillances. contained in a Safety Evaluation dated Date of issuance: August 29, 1996 Commission’s rules and regulations in September 11, 1996. The May 20, 1996, Effective date: As of the date of 10 CFR Chapter I, which are set forth in letter provided clarifying information issuance, to be implemented within 30 the license amendment. that did not change the initial proposed days Notice of Consideration of Issuance of no significant hazards consideration Amendment No.: 151 Amendment to Facility Operating determination. No significant hazards Facility Operating License No. NPF- License, Proposed No Significant consideration comments received: No 35: Amendment revised the Technical Hazards Consideration Determination, Local Public Document Room Specifications. and Opportunity for A Hearing in location: location: Hartsville Memorial Date of initial notice in Federal connection with these actions was Library, 147 West College Avenue, Register: April 10, 1996 (61 FR 15986) published in the Federal Register as Hartsville, South Carolina 29550 The May 16 and August 27, 1996, letters indicated. provided clarifying information that did Carolina Power & Light Company, Unless otherwise indicated, the not change the scope of the September Docket No. 50-261, H. B. Robinson Commission has determined that these 30, 1994, application and the initial Steam Electric Plant, Unit No. 2, amendments satisfy the criteria for proposed no significant hazards Darlington County, South Carolina categorical exclusion in accordance consideration determination. The with 10 CFR 51.22. Therefore, pursuant Date of application for amendment: Commission’s related evaluation of the to 10 CFR 51.22(b), no environmental December 10, 1995, as supplemented amendments is contained in a Safety impact statement or environmental August 1, 1996, and September 4, 1996. Evaluation dated August 29, 1996. No assessment need be prepared for these Brief description of amendment: This significant hazards consideration amendments. If the Commission has amendment revises Technical comments received: No prepared an environmental assessment Specification (TS) Section 3.5.1 and Local Public Document Room under the special circumstances Tables 3.5-2, 3, and 4 concerning the location: York County Library, 138 East provision in 10 CFR 51.12(b) and has reactor trip system, engineering safety Black Street, Rock Hill, South Carolina made a determination based on that feature actuation system, and isolation 29730 assessment, it is so indicated. function. For further details with respect to the Date of issuance: September 12, GPU Nuclear Corporation, et al., action see (1) the applications for 1996Effective date: September 12, 1996 Docket No. 50-219, Oyster Creek amendment, (2) the amendment, and (3) Amendment No. 175 Nuclear Generating Station, Ocean the Commission’s related letter, Safety Facility Operating License No. DPR- County, New Jersey Evaluation and/or Environmental 23. Amendment revises the Technical Date of application for amendment: Assessment as indicated. All of these Specifications. July 17, 1996, as supplemented August items are available for public inspection Date of initial notice in Federal 28, 1996 (TSCR 242, Rev. 2). This at the Commission’s Public Document Register: February 14, 1996 (61 FR application supersedes applications Room, the Gelman Building, 2120 L 5812). The August 1, 1996, and dated February 23 (TSCR 242) and June Street, NW., Washington, DC, and at the September 4, 1996, submittals provided 19, 1996 (TSCR 242, Rev. 1). local public document rooms for the administrative changes to the TS pages Brief description of amendment: The particular facilities involved. that did not change the initial proposed amendment changes the Technical Carolina Power & Light Company, no significant hazards consideration Specifications (TS) to allow the Docket No. 50-261, H. B. Robinson determination. The Commission’s implementation of 10 CFR Part 50, Steam Electric Plant, Unit No. 2, related evaluation of the amendment is Appendix J, Option B. Darlington County, South Carolina contained in a Safety Evaluation dated Date of Issuance: September 3, 1996 September 12, 1996.No significant Effective date: September 3, 1996, to Date of application for amendment: hazards consideration comments be implemented within 30 days of January 30, 1996, as supplemented May received: No issuance 20, 1996 Local Public Document Room Amendment No.: 186 Brief description of amendment: This location: Hartsville Memorial Library, Facility Operating License No. DPR- amendment revises the Technical 147 West College Avenue, Hartsville, 16. Amendment revises the Technical Specifications (TS) to: (1) add TS 4.6.1.5 South Carolina 29550 Specifications. to provide criteria for 24-hour full-load Date of initial notice in Federal testing of the emergency diesel Duke Power Company, et al., Docket Register: July 31, 1996 (61 FR 40019) generators (EDGs) to be performed No. 50-413, Catawba Nuclear Station, Supersedes notice dated March 27, 1996 during each refueling outage; (2) revise Unit 1, York County, South Carolina (61 FR 13526). The August 28, 1996, TS 4.6.1.2 to allow testing of the EDG Date of amendment request: supplement provided updated and protective bypasses listed in TS 3.7.1.d September 30, 1994, as supplemented corrected TS and bases pages. These Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50349 revisions were within the scope of the Power Systems, Onsite Power Specification 3.7.7, ‘‘Sealed Source original application and did not change Distribution. Specifically, the proposed Contamination,’’ and its Bases that the staff’s initial proposed no significant amendment changes TS 3.8.3.1, Action modify the criteria for testing sealed hazards consideration determination. a., to increase from 8 hours to 7 days the sources for contamination and leakage. Therefore renoticing was not warranted. allowable time that 480-volt Emergency The approved changes are consistent The Commission’s related evaluation of Bus ιE64 may be less than fully with the testing criteria currently used this amendment is contained in a Safety energized. at the Millstone Nuclear Power Station, Evaluation dated September 3, 1996. No Date of issuance: August 30, 1996 Unit No. 3, the Haddam Neck Plant, and significant hazards consideration Effective date: As of date of issuance, the Seabrook Station. comments received: No. to be implemented within 60 days. Local Public Document Room Amendment No.: 48 Date of issuance: September 4, 1996 location: location: Ocean County Facility Operating License No. NPF- Effective date: As of the date of Library, Reference Department, 101 86. Amendment revised the Technical issuance, to be implemented within 60 Washington Street, Toms River, NJ Specifications. days. Date of initial notice in Federal 08753 Amendment No.: 202 Illinois Power Company and Soyland Register: June 26, 1996 (61 FR 33142) Power Cooperative, Inc., Docket No. 50- The Commission’s related evaluation of Facility Operating License No. DPR- 461, Clinton Power Station, Unit No. 1, the amendment is contained in a Safety 65: Amendment revised the Technical DeWitt County, Illinois Evaluation dated August 30, 1996. No Specifications. Date of application for amendment: significant hazards consideration Date of initial notice in Federal February 22, 1996, as supplemented by comments received: No Register: May 8, 1996 (61 FR 20853) The letter dated July 3, 1996 Local Public Document Room Commission’s related evaluation of the Brief description of amendment: The location: location: Exeter Public Library, amendment is contained in a Safety amendment revises the Clinton Power Founders Park, Exeter, NH 03833 Evaluation dated September 4, 1996 No Station Technical Specifications for the Northeast Nuclear Energy Company, significant hazards consideration drywell to permit bypass testing on a Docket No. 50-245, Millstone Nuclear comments received: No. 10-year frequency with increased testing Power Station, Unit 1, New London if performance degrades, changes the Local Public Document Room County, Connecticut drywell air lock testing and surveillance location: Learning Resources Center, requirements, deletes action notes for Date of application for amendment: Three Rivers Community-Technical the drywell air lock and drywell April 25, 1996 College, 574 New London Turnpike, isolation valves when the bypass Brief description of amendment: The Norwich, CT 06360, and the Waterford leakage limit is not met, and deletes the amendment modifies the calibration Library, ATTN: Vince Juliano, 49 Rope specific leakage limits for the drywell requirement for the source range Ferry Road, Waterford, CT 06385 monitors and intermediate range air lock seal. Pacific Gas and Electric Company, monitors by noting that the sensors are Date of issuance: September 4, 1996 Docket No. 50-133, Humboldt Bay Effective date: September 4, 1996 excluded. Amendment No.: 106 Date of issuance: August 19, 1996 Power Plant, Unit 3, Humboldt County, Facility Operating License No. NPF- Effective date: As of the date of California 62: The amendment revised the issuance, to be implemented within 30 Date of application for amendment: Technical Specifications. days. March 13, 1996 Date of initial notice in Federal Amendment No.: 96 Register: April 24, 1996 (61 FR 18170) Facility Operating License No. DPR- Brief description of amendment: This The July 3, 1996, submittal consisted of 21. Amendment revised the Technical amendment revised the Technical supporting technical information which Specifications. Specification by incorporating position did not change the staff’s initial Date of initial notice in Federal changes to reflect a proposed plant staff proposed no significant hazards Register: June 19, 1996 (61 FR 31183) reorganization. consideration determination or expand The Commission’s related evaluation of Date of issuance: September 6, 1996 the scope of the original notice. The the amendment is contained in a Safety Effective date: This license Commission’s related evaluation of the Evaluation dated August 19, 1996. No amendment is effective as of the date of amendment is contained in a Safety significant hazards consideration its issuance and must be fully Evaluation dated September 4, 1996. No comments received: No. implemented no later than 30 days from significant hazards consideration Local Public Document Room comments received: No location: location: Learning Resources the date of issuance. Local Public Document Room Center, Three Rivers Community- Amendment No.: 31Facility License location: location: The Vespasian Technical College, 574 New London No. DPR-7: This amendment revised the Warner Public Library, 120 West Turnpike, Norwich, CT 06360, and the Technical Specifications Johnson Street, Clinton, Illinois 61727 Waterford Library, ATTN: Vince Date of initial notice in Federal Juliano, 49 Rope Ferry Road, Waterford, North Atlantic Energy Service Register: April 24, 1996 (61 FR 18174) CT 06385 Corporation, Docket No. 50-443, The Commission’s related evaluation of Seabrook Station, Unit No. 1, Northeast Nuclear Energy Company, et the amendment is contained in a Safety Rockingham County, New Hampshire al., Docket No. 50-336, Millstone Evaluation dated September 6, 1996. No significant hazards consideration Date of amendment request: June 20, Nuclear Power Station, Unit No. 2, New 1996 London County, Connecticut comments received: No Description of amendment request: Date of application for amendment: Local Public Document Room The proposed amendment modifies the March 28, 1996 location: Humboldt County Library, Seabrook Station Appendix A Technical Brief description of amendment: The 1313 3rd Street, Eureka, California Specifications (TSs) for the Electrical amendment changes Technical 95501 50350 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

Pennsylvania Power and Light Public Service Electric & Gas Company, Local Public Document Room Company, Docket Nos. 50-387 and 50- Docket No. 50-354, Hope Creek location: Science Library, University of 388 Susquehanna Steam Electric Generating Station, Salem County, New California, Irvine, California 92713 Station, Units 1 and 2, Luzerne County, Jersey Southern Nuclear Operating Company, Pennsylvania Date of application for amendment: Inc., Docket Nos. 50-348 and 50-364, Date of application for amendments: March 6, 1996, as supplemented by Joseph M. Farley Nuclear Plant, Units February 23, 1996, as supplemented by letter dated May 30, 1996. 1 and 2, Houston County, Alabama letter dated June 28, 1996 Brief description of amendment: The Brief description of amendments: amendment changes Technical Date of amendments request: June 12, These amendments change the Specification (TS) 3.8.1, ‘‘A.C. Sources - 1996 Technical Specification Requirement Operating,’’ to decrease the minimum Brief description of amendments: The 4.6.2.1d concerning drywell-to- fuel oil storage capacity of the amendments revise the reactor core suppression chamber bypass testing Emergency Diesel Generator Fuel Oil safety limits, Overtemperature delta T interval to correspond with the interval Storage Tanks, from 48,800 to 44,800 (OTDT) and Overpressure delta T for Primary Containment Integrated gallons. In addition, footnote ** is (OPDT) reactor trip setpoints and Leak Rate Testing under 10 CFR Part 50, deleted from TS 3.8.1.1.b.2. The TS allowable values, and the power Appendix J, Option B. change also adds an Action Statement to distribution limits associated with Date of issuance: September 6, 1996 address remedial action when a fuel oil implementation of Relaxed Axial Offset Effective date: September 6, 1996 transfer pump becomes inoperable. Control (RAOC) and FQ surveillance. Amendment Nos.: 160 and 131 Date of issuance: September 10, 1996 The amendments also include changes Facility Operating License Nos. NPF- Effective date: As of date of issuance, to the Bases associated with these 14 and NPF-22. The amendments to be implemented within 90 days. specifications and surveillances. revised the Technical Specifications. Amendment No.: 96 Date of issuance: September 3, 1996 Date of initial notice in Federal Facility Operating License No. NPF- Effective date: As of the date of Register: April 10, 1996 (61 FR 15992) 57: This amendment revised the issuance to be implemented within 30 The Commission’s related evaluation of Technical Specifications. days the amendments is contained in a Safety Date of initial notice in Federal Amendment Nos.: 121 and 113 Evaluation dated September 6, 1996. No Register: July 3, 1996 (61 FR 34897) The Facility Operating License Nos. NPF- significant hazards consideration Commission’s related evaluation of the 2 and NPF-8: Amendments revise the comments received: No amendment is contained in a Safety Technical Specifications. Local Public Document Room Evaluation dated September 10, 1996. Date of initial notice in Federal location: Osterhout Free Library, No significant hazards consideration Register: July 31, 1996 (61 FR 40029) Reference Department, 71 South comments received: No The Commission’s related evaluation of Franklin Street, Wilkes-Barre, PA 18701 Local Public Document Room the amendments is contained in a Safety Local Public Document Room location: location: Pennsville Public Evaluation dated September 3, 1996. No location: Osterhout Free Library, Library, 190 S. Broadway, Pennsville, significant hazards consideration Reference Department, 71 South New Jersey 08070 comments received: No Franklin Street, Wilkes-Barre, PA 18701 Local Public Document Room Southern California Edison Company, location: location: Houston-Love Power Authority of The State of New et al, Docket No. 50-206, San Onofre Memorial Library, 212 W. Burdeshaw York, Docket No. 50-286, Indian Point Nuclear Generating Station, Unit No. 1, Street, Post Office Box 1369, Dothan, Nuclear Generating Unit No. 3, San Diego County, California Alabama 36302 Westchester County, New York Date of application for amendment: Southern Nuclear Operating Company, Date of application for amendment: December 22, 1995 Inc., Docket Nos. 50-348 and 50-364, June 21, 1996, as supplemented August Brief description of amendment: The Joseph M. Farley Nuclear Plant, Units 19, 1996, and August 21, 1996. change revises the San Onofre Unit 1 1 and 2, Houston County, Alabama Brief description of amendment: The License Condition to delete a reference amendment extends the surveillance to License Condition 2.C(4) from Date of amendments request: June 20, interval on certain instruments from 18 License Condition 2.D. This change 1996 to 24 months. eliminates a reporting requirement for Brief description of amendments: The Date of issuance: September 5, 1996 violations of the physical protection amendments revise the Technical Effective date: As of the date of plans that is redundant to reporting Specifications to reflect the issuance, to be implemented within 30 requirements in 10 CFR 73.71 and 10 implementation of 10 CFR Part 50, days. CFR Part 73 Appendix G. Appendix J, Option B. Amendment No.: 168 Date of issuance: August 30, 1996 Date of issuance: September 3, 1996 Facility Operating License No. DPR- Effective date: August 30, 1996 and Effective date: As of the date of 64: Amendment revised the Technical shall be implemented no later than 30 issuance to be implemented within 30 Specifications. days from August 30, 1996. days Date of initial notice in Federal Amendment No.: 157 Amendment Nos.: 122 and 114 Register: July 31, 1996 (61 FR 49027) Facility Operating License No. DPR- Facility Operating License Nos. NPF- The Commission’s related evaluation of 13: The amendment revised the 2 and NPF-8: Amendments revise the the amendment is contained in a Safety Technical Specifications. Technical Specifications. Evaluation dated September 5, 1996. No Date of initial notice in Federal Date of initial notice in Federal significant hazards consideration Register: July 31, 1996 (61 FR 40028) Register: July 31, 1996 (61 FR 40030) comments received: No The Commission’s related evaluation of The Commission’s related evaluation of Local Public Document Room the amendment is contained in a Safety the amendments is contained in a Safety location: location: White Plains Public Evaluation dated August 30, 1996. No Evaluation dated September 3, 1996. No Library, 100 Martine Avenue, White significant hazards consideration significant hazards consideration Plains, New York 10610. comments received: No. comments received: No Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50351

Local Public Document Room Date of initial notice in Federal OFFICE OF PERSONNEL location: location: Houston-Love Register: April 10, 1996 (61 FR 15999) MANAGEMENT Memorial Library, 212 W. Burdeshaw The July 3 and August 26, 1996, Street, Post Office Box 1369, Dothan, submittals provided clarifying Privacy Act of 1974; Computer Alabama 36302 information that did not change the Matching Programs OPM/Department initial proposed no significant hazards of Labor, Office of Workers' Tennessee Valley Authority, Docket consideration determination. The Compensation Programs Nos. 50-390 Watts Bar Nuclear Plant, Commission’s related evaluation of the Unit 1, Rhea County, Tennessee AGENCY: Office of Personnel amendment is contained in a Safety Management (OPM). Date of application for amendment: Evaluation dated September 11, 1996. ACTION: Publication of notice of July 31, 1996 No significant hazards consideration computer matching to comply with Brief description of amendment: The comments received: No. amendment revises Technical Public Law 100–503, the Computer Local Public Document Room Matching and Privacy Act of 1988. Specification 3.6.12 to allow a one-time location: University of Wisconsin, extension of the 3-month surveillance Cofrin Library, 2420 Nicolet Drive, SUMMARY: OPM is publishing notice of requirement for the ice condenser lower Green Bay, Wisconsin 54311-7001 its computer matching program with the inlet doors. Department of Labor, Office of Workers’ Date of issuance: September 9, 1996 Wolf Creek Nuclear Operating Compensation Programs (OWCP) to Effective date: As of the date of Corporation, Docket No. 50-482, Wolf meet the reporting and publication issuance, to be implemented within 30 Creek Generating Station, Coffey requirements of Public Law 100–503. days County, Kansas The purpose of the match is to identify Amendment No.: 3 Date of amendment request: October and/or prevent erroneous payments Facility Operating License No. NPF- 24, 1995, and superseded by letter dated under the Civil Service Retirement Act 90: Amendment revises the Technical May 16, 1996. (CSRA) or the Federal Employees’ Specifications. Retirement System Act (FERSA) and the Date of initial notice in Federal Brief description of amendment: The amendment adopts ASTM D3803-1989 Federal Employees’ Compensation Act Register: August 8, 1996 (61 FR 41431) (FECA). The match will identify The Commission’s related evaluation of as the laboratory testing standard for charcoal samples from the charcoal individuals receiving prohibited the amendment is contained in a Safety concurrent benefits under CSRA or Evaluation dated September 9, 1996. No absorbers in the control room filtration system, control building pressurization FERSA and the FECA. Both the CSRA significant hazards consideration and FERSA, on one hand, and the comments received: None system, and the auxiliary/fuel building emergency exhaust system. The output FECA, on the other, prohibit the receipt Local Public Document Room of certain concurrent payments covering location: Chattanooga-Hamilton County of the heaters in the control building pressurization system is reduced from a the same period of time. The match will Library, 1001 Broad Street, Chattanooga, involve the OPM system of records TN 37402 nominal 15kW to a nominal 5kW and the acceptance criterion for the testing published as OPM CENTRAL–1, Civil Wisconsin Public Service Corporation, of the charcoal absorbers is changed. Service Retirement and Insurance Docket No. 50-305, Kewaunee Nuclear Date of issuance: September 4, 1996 Records at 60 FR 63075, December 8, Power Plant, Kewaunee County, 1995, and the Department of Labor Effective date: September 4, 1996, to Wisconsin system of records published as DOL/ be implemented within 120 days of the GOVT–1, entitled ‘‘Office of Workers’ Date of application for amendment: date of issuance. February 19, 1996, as supplemented on Compensation Programs, Federal Amendment No.: 102 Employees’ Compensation Act File’’, at July 3 and August 26, 1996 Facility Operating License No. NPF- Brief description of amendment: The 58 FR 49548, on September 23, 1993, 42. The amendment revised the with amendments published at 59 FR amendment revises Kewaunee Nuclear Technical Specifications. Power Plant Technical Specification 47361 on September 15, 1994. Date of initial notice in Federal Section 4.2 and its associated basis by DATE: The matching program will begin Register: June 5, 1996 (61 FR 28622) allowing the application of a voltage- in October 1996, or 40 days after The Commission’s related evaluation of based repair limit for the steam agreements by the parties participating the amendment is contained in a Safety generator tube support plate in the match have been submitted to Evaluation dated September 4, 1996. No intersections experiencing outside Congress and the Office of Management significant hazards consideration diameter stress corrosion cracking. The and Budget, whichever is later. The comments received: No. repair criteria are based on guidance matching program will continue for 18 provided in Generic Letter 95-05, Local Public Document Room months from the beginning date and ‘‘Voltage-Based Repair Criteria for location: locations: Emporia State may be extended an additional 12 Westinghouse Steam Generator Tubes University, William Allen White months thereafter. The data exchange affected by Outside Diameter Stress Library, 1200 Commercial Street, will begin at a date mutually agreed Corrosion Cracking,’’ dated August 3, Emporia, Kansas 66801 and Washburn upon between OPM and OWCP after 1995, and on associated industry University School of Law Library, October 1, 1996, unless comments are guidance. Topeka, Kansas 66621 Dated at received which will result in a contrary Date of issuance: September 11, 1996 Rockville, Maryland, this 18th day of determination. Subsequent matches will Effective date: September 11, 1996, September 1996. take place semi-annually on a recurring and is to be implemented within 30 For the Nuclear Regulatory Commission basis until one of the parties advises the days of the date of issuance. Steven A. Varga, other in writing of its intention to Amendment No.: 126 Director, Division of Reactor Projects - I/II reevaluate, modify and/or terminate the Facility Operating License No. DPR- Office of Nuclear Reactor Regulation agreement. 43: Amendment revised the Technical [Doc. 96-24413 Filed 9-24-96; 8:45 am] ADDRESS: Send comments to Kathleen Specifications. BILLING CODE 7590-01-F M. McGettigan, Assistant Director for 50352 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

Financial Control and Management, B. Description of Computer Matching Provisions of Pub. L. 100–503, the Office of Personnel Management, Room Program: OPM pays annuities or Computer Matching and Privacy 4312, 1900 E. Street, NW., Washington, survivor benefits to individuals who Protection Act of 1988 (54 FR 25818). DC 20415. may also receive benefits under the Security safeguards include limiting FOR FURTHER INFORMATION CONTACT: FECA. It is the responsibility of OPM as access only to the files agreed to and Marc Flaster (202) 606–2115. the administrator of the CSRA and the only to agency personnel having a SUPPLEMENTARY INFORMATION: The FERSA to assure that such benefit ‘‘need to know’’. All automated records computer matching program between payments are proper and to prevent will be password protected and the data OPM and OWCP will involve fraud and abuse. The computer listing will be locked in file areas after comparison of beneficiaries under the matching program is an efficient and normal duty hours. Records matched or FECA and the CSRA or the FERSA. The nonobstrusive method of determining created by the match will be stored in match will identify beneficiaries whether these individuals are receiving an area that is physically safe from receiving payment of compensation for benefits from both OWCP and OPM access by unauthorized persons during wage loss or death under the FECA and prohibited by the FECA, CSRA and duty hours and nonduty hours or when those receiving retirement or death FERSA. OWCP will provide OPM with not in use. benefits under the CSRA or FERSA extracts of its payment files containing F. Disposal of Records: The files will covering the same period of time. data (names, social security numbers, remain the property of the respective The concurrent receipt of benefits dates of birth, claim numbers, payee source agencies and all records under the FECA based on wage loss and relationship codes, addresses, zip codes, including those not containing matches under the CSRA or FERSA for and payment data) needed to identify will be returned to the source agency for retirement, or under the FECA, CSRA, the individual and determine if he or destruction. ‘‘Hits,’’ the records relating or FERSA based on the death of the she is receiving benefits from both to matched individuals, will be Federal employee is prohibited. It is the organizations at the same time. OPM disposed of in accordance with the responsibility of OPM to monitor will match OWCP’s extract of its provisions of the Privacy Act and the retirement annuity and survivor benefits payment files against its payment Federal Record Schedules after serving paid under the CSRA or FERSA to records for the same dates to determine their purpose. The data obtained from ensure that its beneficiaries are not if benefits were being paid on the same confirmed hits will be entered in the receiving benefits under the FECA date by both agencies. OPM will provide claims file, subject to release only in which are prohibited during receipt of OWCP with a list of valid matches. Both accordance with the provisions of the benefits under the CSRA or FERSA. organizations will detect, identify, and Privacy Act. Similarly, it is the responsibility of the follow-up on payment of prohibited [FR Doc. 96–24565 Filed 9–24–96; 8:45 am] OWCP to ensure that Federal employees dual benefits. An individual identified BILLING CODE 6325±01±M or dependents of deceased Federal as receiving prohibited dual benefits employees receiving benefits under the will be offered an opportunity to contest FECA are not also receiving benefits the findings and proposed actions and Privacy Act of 1974; Computer under the CSRA or FERSA which are the opportunity to elect the benefits he Matching Program Between the Office prohibited. or she wishes to receive. The of Personnel Management and the By comparing the information organization responsible for initiating Social Security Administration received through this computer the recovery of the overpayment of benefits will afford the individual due AGENCY: Office of Personnel matching program on a recurring basis, Management (OPM). the agencies will be able to make a process before any payment ACTION: Notice of a computer matching timely and more accurate adjustment in modifications are made. C. Personal Records to be Matched: program between the OPM and the the benefits payable. The match will The OPM system of records published Social Security Administration (SSA) prevent overpayments, fraud and abuse, as OPM–CENTRAL–1, Civil Service for public comment. thus assuring that benefit payments are Retirement and Insurance Records, at 60 proper under the appropriate Acts. SUMMARY: OPM is publishing notice of Additional information, regarding the FR 63075, December 8, 1995, which contains payment data on recipients of its computer matching program with matching program, including the CSRA and FERSA benefits disbursed by SSA to meet the reporting and authority for the program, a description OPM will be matched to OWCP records publication requirements of Public Law of the matches, the personnel records to published at 58 FR 49548, on September 100–503, the Computer Matching and be matched, the dates of the program, 23, 1993 with amendments published at Privacy Protection Act of 1988. In this security safeguards, and plans for 59 FR 47361 on September 15, 1994, match, SSA records are used in disposition following completion of the which contains data pertinent to the redetermining and recomputing certain matches are provided in the text below. payment of Federal employees and their annuitants’ benefits where Office of Personnel Management. dependents under the FECA. computations are based, in part, on James B. King, D. Dates: Data exchanges will begin military service performed after Director. during calendar year 1996 at a mutually December 1956 under the Civil Service agreeable time and will be repeated Retirement System (CSRS) and for Matching of Records between Office of every six months, until one of the annuitants under the Federal Workers’ Compensation Programs and parties to the agreement advises the Employees’ Retirement System (FERS) Office of Personnel Management other by written request to terminate or who have a CSRS component in their A. Authority: The Civil Service modify the agreement. FERS annuity computation. The Retirement Act (CSRA), U.S.C., 8331, et E. Privacy Safeguards and Security: purpose of this match is to identify seq.; the Federal Employees’ Retirement The personal privacy of the individuals these beneficiaries. System Act (FERSA), 5 U.S.C., 8401, et whose names are included in the tapes DATES: This proposed action will seq.; and the Federal Employees’ is protected by strict adherence to the become effective 40 days after the Compensation Act (FECA), 5 U.S.C., provisions of the Privacy Act of 1974 agreements by the parties participating 8101, et seq. and OMB’s Guidance Interpreting the in the match have been submitted to Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50353

Congress and the Office of Management C. Authority for Conducting the Match safeguards are being maintained by the and Budget unless either the Congress Program other agency. or the Office of Management and Budget Chapters 83 and 84, title 5, United G. Inclusive Dates of the Matching objects thereto. Any public comment on States Code, section 1106 of the Social Program this matching program must be Security Act (42 U.S.C. 1306), and the This computer matching program is submitted within the 30-day public Internal Revenue Code (26 U.S.C. 6103). notice period, which begins on the subject to review by the Congress and publication date of this notice. D. Categories of Records and the Office of Management and Budget. ADDRESS: Any interested party may Individuals Covered by the Match OPM’s report to these parties must be submit written comments to Kathleen SSA will disclose data from its Master received at least 40 days prior to the M. McGettigan, Assistant Director for Beneficiary Record and Master Earnings initiation of any matching activity. If no Financial Control and Management, Files, and manually extracted post 1956 objections are raised by either Congress Retirement and Insurance Service, military wage information from SSA’s or OMB, and the mandatory 30 day Office of Personnel Management, 1900 E ‘‘1086’’ microfilm file when required. public notice period for comment for Street, NW, Room 4312, Washington, SSA has published routine uses for this Federal Register notice expires, DC 20415. these systems of records, published at with no significant receipt of adverse public comments resulting in a contrary FOR FURTHER INFORMATION CONTACT: 59 FR 62407, December 5, 1994 and 60 Marc Flaster, (202) 606–2115. FR 2144, January 6, 1995, last revised at determination, then this computer matching program becomes effective. By SUPPLEMENTARY INFORMATION: 60 FR 52948, on October 1, 1995. OPM and agreement between OPM and SSA, the OPM’s records consist of annuity data SSA have concluded an agreement to matching program will be in effect and from its system of records entitled OPM/ conduct a computer matching program continue for 18 months with an option Central–1—Civil Service Retirement and between the two agencies. The purpose to renew for 12 additional months under Insurance Records, last published in the of the agreement is to establish the the terms set forth in 5 U.S.C. Federal Register at 60 FR 63075, conditions under which SSA agrees to 552a(o)(2)(D), the disclosure of Social Security benefit December 8, 1995. [FR Doc. 96–24566 Filed 9–24–96; 8:45 am] and/or tax return information to the E. Description of Matching Program OPM. OPM, as specified in 5 U.S.C. BILLING CODE 6325±01±M 8332(j)(1), has an obligation to use post OPM provides a monthly magnetic 1956 earnings data in redetermining and tape to SSA containing data on those recomputing annuities for certain CSRS individuals for whom OPM requests and FERS annuitants. Section 1106 of post 1956 military service benefit POSTAL SERVICE the Social Security Act (42 U.S.C.) information. These elements will be requires that SSA disclose the needed matched against SSA records. SSA Sunshine Act Meeting; Board of data to OPM. furnishes OPM by magnetic tape benefit Governors information on these individuals, Office of Personnel Management. The Board of Governors of the United including the amount of the SSA benefit States Postal Service, pursuant to its James B. King, attributable to the post 1956 military Director. Bylaws (39 CFR Section 7.5) and the service (which constitutes the CSRS or Government in the Sunshine Act (5 Report of Computer Matching FERS annuity reduction amount). U.S.C. Section 552b), hereby gives Agreement Between the Office of F. Privacy Safeguards and Security notice that it intends to hold a meeting Personnel Management and the Social at 8:00 a.m. on Tuesday, October 8, The personal privacy of the Security Administration 1996, in Anchorage, Alaska. The individuals whose names are included meeting is open to the public and will A. Participating Agencies in the tapes are protected by strict be held at the Hotel Captain Cook, 4th adherence to the provisions of the OPM and SSA. and K Streets, Anchorage, in the Mid Privacy Act of 1974 and OMB’s Deck Room. The Board expects to B. Purpose of the Matching Program ‘‘Guidance Interpreting the Provisions of discuss the matters stated in the agenda Chapters 83 and 84 of title 5, United Public Law 100–503, the Computer which is set forth below. Requests for States Code (U.S.C.), provide the basis Matching and Privacy Protection Act of information about the meeting should for computing annuities under the Civil 1988’’. Access to the records used in the be addressed to the Secretary of the Service Retirement System and the data exchange is restricted to only those Board, Thomas J. Koerber, at (202) 268– Federal Employees’ Retirement System authorized employees and officials who 4800. respectively, and require release of need it to perform their official duties. There will also be a session of the information by SSA in order to Records matched or created will be Board on Monday, October 7, 1996, but administer post 1956 data exchanges. In stored in an area that is physically safe it will consist entirely of briefings and this match, SSA records are used in from access by unauthorized personnel is not open to the public. redetermining and recomputing certain during duty hours as well as nonduty annuitants’ benefits where hours or when not in use. Records used Agenda computations are based, in part, on in this exchange and any records Tuesday Session military service performed after created by this exchange will be October 8—8:00 a.m. (Open) December 1956 under the Civil Service processed under the immediate Retirement System (CSRS) and for supervision and control of authorized 1. Minutes of the Previous Meeting, annuitants under the Federal personnel in a manner which will September 9–10, 1996. 2. Remarks of the Postmaster General and Employees’ Retirement System (FERS) protect the confidentiality of the CEO. (Marvin Runyon) who have a CSRS component in their records. 3. Board of Governors 1997 Meeting FERS annuity computation. The Both SSA and OPM have the right to Schedule. (Chairman del Junco) purpose of this match is to identify make onsite inspections or make other 4. Office of the Governors FY 1997 Budget. these beneficiaries. provisions to ensure that adequate (Chairman del Junco) 50354 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

5. Consideration of Amendments to BOG Contact: Patricia Sinicropi, Rule 11a1–1(T) (17 CFR 240.11a1– Bylaws. (Chairman del Junco) Administrative Officer, 202/408–5296. 1(T)), provides that an exchange 6. Review of the FY 1997–2001 Capital Sign Language interpreter: Please call member’s proprietary order may be Investment Plan. (Michael J. Riley, Chief the contact if you will need a sign executed on the exchange of which the Financial Officer and Senior Vice President) language interpreter. trader is a member, if, among other 7. Report on the Western Area. (Craig G. Keith Laughlin, things: (1) The member discloses that a Wade, Vice President, Western Area Executive Director, President’s Council on bid or offer for its account is for its Operations) Sustainable Development. account to any member with whom 8. Tentative Agenda for the November 4–5, [FR Doc. 96–24576 Filed 9–24–96; 8:45 am] such bid or offer is placed or to whom 1996, meeting in Washington, D.C. BILLING CODE 3125±01±P it is communicated; (2) any such Thomas J. Koerber, member through whom that bid or offer Secretary. is communicated discloses to others participating in effecting the order that [FR Doc. 96–24748 Filed 9–23–96; 2:21 pm] SECURITIES AND EXCHANGE BILLING CODE 7710±12±M it is for the account of a member; and COMMISSION (3) immediately before executing the order, a member (other than a specialist Proposed Collection; Comment in such security) presenting any order THE PRESIDENT'S COUNCIL ON Request SUSTAINABLE DEVELOPMENT for the account of a member on the Upon Written Request, Copies Available exchange clearly announces or The Twelfth Meeting of the President's From: Securities and Exchange otherwise indicates to the specialist and Council on Sustainable Development Commission, Office of Filings and to other members then present that he (PCS) in Washington, DC Information Services, Washington, is presenting an order for the account of DC 20549 a member. SUMMARY: The President’s Council on Approval of Existing Collection: There are approximately 1,000 Sustainable Development, a partnership Rule 10b–17, SEC File No. 270–427, respondents that require an aggregate of industry, government, and OMB Control No. 3235–new total of 333 hours to comply with this environmental, labor, and Native Rule 11a1–1(T), SEC File No. 270– rule. Each of these approximately 1,000 American organizations, will convene 428, OMB Control No. 3235–new respondents makes an estimated 20 its twelfth meeting in Washington, DC Rule 15c2–7, SEC File No. 270–420, annual responses, for an aggregate of on October 16, 1996. The Council OMB Control No. 3235–new 20,000 responses per year. Each transmitted its report, entitled response takes approximately 1 minute Sustainable America: A New Consensus Notice is hereby given that pursuant to complete. Thus, the total compliance for Prosperity, Opportunity, and a to the Paperwork Reduction Act of 1995 burden per year is 333 hours (20,000 Healthy Environment for the Future, to (44 U.S.C. 2501 et seq.), the Securities minutes/60 minutes per hour = 333 President Clinton on March 7, 1996. The and Exchange Commission hours). The approximate cost per hour text of the Council’s report can be found (‘‘Commission’’) is publishing the is $100, resulting in a total cost of on the Internet at http:// following summaries of collections for compliance for the respondents of www.whitehouse.gov/PCs. The Council public comment. $33,333 (333 hours @ $100). met on May 30, 1996 to launch a series Rule 10b–17 (17 CFR 240.10b–17), Rule 15c2–7 (17 CFR 240.15c2–7) of activities to implement requires any issuer of a class of renders it unlawful for a broker-dealer recommendations contained in its securities publicly traded by the use of to furnish a quotation for a security to report. any means or instrumentality of an inter-dealer-quotation-system unless During the upcoming meeting, the interstate commerce or of the mails or certain conditions are met: (a) The President’s Council on Sustainable of any facility of any national securities appearing broker-dealer discloses Development will discuss the exchange to give notice of the following whether the quote is on behalf of implementation activities undertaken actions relating to such class of another broker-dealer, and if so, the for the recommendations contained in securities: (1) A dividend; (2) a stock identity of such other broker-dealer; (b) its report. The discussion will be guided split; or (3) a rights or other subscription the appearing broker-dealer discloses by the following agenda: offering. Notice shall be: given to the whether the quotation is submitted I. Update on implementation activities National Association of Securities pursuant to any other arrangement undertaken by the Council since its Dealers, Inc.; in accordance with the between or among broker-dealers; (c) May 30 meeting procedures of the national securities every broker-dealer who enters into any II. Public comment period exchange upon which the securities are arrangement by which two or more Dates/Times: Wednesday, October 16, registered; or may be waived by the broker-dealers submit quotations with 1996, 2:00–4:30 p.m. Commission. respect to a particular security must Place: The Renaissance Mayflower There are approximately 1,900 inform all other broker-dealers of the Hotel, Grand Ballroom (Lobby Level), respondents that require an aggregate existence of such an arrangement and 1127 Connecticut Avenue, NW., total of 3,800 hours to comply with this the identity of the parties thereto; and Washington, DC 20036, phone: (202) rule. Each of these approximately 1,900 (d) the quotation system must be one 347–3000. issuers makes an estimated 2 annual which makes it a general practice to Status: Open to the Public: Public responses, for an aggregate of 3,800 differentiate between correspondent comments are welcome. Comments may responses per year. Each response takes arrangements and all other be submitted orally on October 16 or in approximately 1 hour to complete. arrangements, and which discloses the writing any time prior to or during the Thus, the total compliance burden per identities of all other broker-dealers October 16 meeting. Please submit year is 3,800 burden hours. The where that information is required to be written comments prior to meeting to: approximate cost per hour is $100, supplied to the quotation system. The PCS, Public Comments, 730 Jackson resulting in a total cost of compliance purpose of the rule is to ensure that an Place, NW., Washington, DC 20503, or for the respondents of $380,000 (3,800 inter-dealer-quotation-system clearly fax to: 202/408–6839. hours @ $100). reveals where two or more quotations in Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50355 different names for a particular security ACTION: Notice of application for an accompanied by proof of service on represent a single quotation or where order under the Investment Company Applicants, in the form of an affidavit, one broker-dealer appears as a Act of 1940 (‘‘1940 Act’’). or, for lawyers, a certificate of service. correspondent of another. Hearing requests should state the nature The rule requires the relevant APPLICANTS: Diversified Investors of the requestor’s interest, the reason for information to be disclosed for each Strategic Variable Funds (‘‘Strategic the request, and the issues contested. quotation submitted to an inter-dealer- Variable Funds’’); Diversified Investors Persons may request notification of a quotation-system. Each registered Variable Funds (‘‘Diversified Variable hearing by writing to the Secretary of market maker on an inter-dealer- Funds’’); Diversified Investors Portfolios the SEC. (‘‘Diversified Portfolios’’); AUSA Life quotation-system is required to disclose ADDRESSES: Secretary, Securities and Insurance Company, Inc. (‘‘AUSA’’), on any correspondent broker-dealers for a Exchange Commission, 450 Fifth Street, behalf of itself and each future separate particular security at the time the NW., Washington, DC 20549. account (or subaccount thereof) market maker initially registers with the Applicants, 4 Manhattanville Road, established by AUSA and registered inter-dealer-quotation-system as a Purchase, New York 10577. market maker for such security. After under the 1940 Act as a unit investment trust in connection with the offering by FOR FURTHER INFORMATION CONTACT: the market maker’s initial disclosure, Pamela K. Ellis, Senior Counsel, at (202) the information is disclosed AUSA of group variable annuity contracts (‘‘Future Separate Accounts’’); 942–0670, Office of Insurance Products automatically through such market (Division of Investment Management). maker’s electronic submission of a Diversified Investment Advisors, Inc. SUPPLEMENTARY INFORMATION: The quotation to the inter-dealer-quotation- (‘‘Investment Advisors’’), on behalf of following is a summary of the system. An aggregate total of itself and each open-end management application. The complete application approximately 20 of these initial investment company or series thereof may be obtained for a fee from the SEC’s disclosures are made per year. Each organized in the future which becomes Public Reference Branch. such initial disclosure takes a member of the same ‘‘group of approximately 1 minute to complete. investment companies’’ (as defined in Applicants’ Representations Rule 11a–3 of the 1940 Act) as, and Thus, the total compliance burden per 1. AUSA is a New York stock life year is approximately 20 minutes (0.33 which is the underlying investment vehicle for, a Future Separate Account insurance company, and a wholly burden hours). owned indirect subsidiary of AEGON Written comments are invited on: (a) (‘‘Future Funds’’); and Diversified Investors Securities Corp. (‘‘Securities’’). nv, a Netherlands corporation which is Whether the collection of information is a publicly traded international RELEVANT ACT SECTIONS: Order requested necessary for the proper performance of insurance group. under Section 6(c) of the 1940 Act the functions of the agency, including 2. Strategic Variable Funds is a granting exemption from Section 12(d) whether the information shall have separate account of AUSA, and is of the 1940 Act, and under Sections 6(c) practical utility; (b) the accuracy of the registered under the 1940 Act as an and 17(b) of the 1940 Act, granting agency’s estimate of the burden of the open-end management investment exemption from Section 17(a) of the collection of information; (c) ways to company. 1940 Act. enhance the quality, utility, and clarity 3. Diversified Variable Funds is a of the information to be collected; and SUMMARY OF APPLICATION: The requested separate account of AUSA and a unit (d) ways to minimize the burden of the order would permit Applicants to create investment trust registered under the collection of information on a ‘‘fund of funds’’ that initially would 1940 Act. Diversified Variable Funds respondents, including through the use have three subaccounts. Each consists of fourteen separate of automated collection techniques or subaccount would allocate its assets to subaccounts. Of these subaccounts, other forms of information technology. the purchase of units of Diversified twelve invest in Diversified Portfolios, Consideration will be given to Variable Funds or of the Future Separate and eleven may serve as Underlying comments and suggestions submitted in Accounts (hereinafter the ‘‘Underlying Spokes. Applicants state that each of the writing within 60 days of this Spokes’’) without regard to the Future Separate Accounts (which will publication. percentage limitations of Section become Underlying Spokes) will be Direct your written comments to 12(d)(1) of the 1940 Act. The separate accounts (or subaccounts Michael E. Bartell, Associate Executive Underlying Spokes, in turn, would thereof) of AUSA, and will be registered Director, Office of Information invest in a corresponding series of under the 1940 Act as unit investment Technology, Securities and Exchange Diversified Portfolios or of a Future trusts. Commission, 450 5th Street, N.W. Fund (hereinafter the ‘‘Underlying 4. Diversified Portfolios is organized Washington, DC 20549. Hubs’’). as a trust under the laws of the State of Dated: September 13, 1996. FILING DATES: The application was filed New York, and is registered as an open- Margaret H. McFarland, on June 12, 1995, and was amended and end management investment company restated on September 25, 1995, January Deputy Secretary. under the 1940 Act. Diversified 29, 1996, July 15, 1996, August 22, [FR Doc. 96–24570 Filed 9–24–96; 8:45 am] Portfolios consists of twelve separate 1996, and September 9, 1996. series, eleven of which constitute the BILLING CODE 8010±01±M HEARING OR NOTIFICATION OF HEARING: An existing Underlying Hubs. Applicants order granting the application will be state that each of the Future Funds issued unless the Commission orders a (which will become Underlying Hubs) [Rel. No. IC±22232; 812±9624] hearing. Interested persons may request will be registered under the 1940 Act as Diversified Investors Strategic Variable a hearing by writing to the SEC’s open-end management investment Funds, et al. Secretary and serving Applicants with a companies (or will be a series of such copy of the request, personally or by a company). September 19, 1996. mail. Hearing requests should be 5. Investment Advisors is a registered AGENCY: Securities and Exchange received by the SEC by 5:30 p.m. on investment adviser under the Commission (‘‘SEC’’ or ‘‘Commission’’). October 15, 1996, and should be Investment Advisers Act of 1940, and 50356 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices also is an indirect wholly owned type of Underlying Spoke (i.e., equity, Applicants’ Legal Analysis subsidiary of AEGON nv. Investment fixed-income, and money market), and Section 12(d)(1) Advisors is the investment manager for in each specific Underlying Spoke. Diversified Portfolios. Contractholders will receive disclosure 1. Section 12(d)(1)(A) provides that no 6. Securities, a Delaware corporation, of any changes in the identity of the registered investment company may is registered as a broker-dealer under the Underlying Spokes in which the acquire securities of another investment Securities Exchange Act of 1934, and is Subaccount may invest (e.g., if a new company if such securities represent a member of the National Association of Underlying Spoke is included) or any more than 3% of the acquired Securities Dealers, Inc. Securities acts as changes in the investment ranges. company’s outstanding voting stock, distributor for group variable contracts Allocations of a Subaccount’s assets more than 5% of the acquiring company’s total assets, or if such issued by AUSA. among Underlying Spokes initially will securities, together with the securities of 7. Applicants organized Strategic be made, and subsequently adjusted, by Variable Funds to operate as a ‘‘fund of any other acquired investment Investment Advisors in its role as funds.’’ Strategic Variable Funds will be companies, represent more than 10% of investment manager to Strategic one of the available investment vehicles the acquiring company’s total assets. Variable Funds. underlying group variable annuity Section 12(d)(1)(B) provides that no contracts offered by AUSA (‘‘Variable 10. Applicants anticipate that registered open-end investment Contracts’’). Strategic Variable Funds Strategic Variable Funds, the company may sell its securities to initially will have three subaccounts Underlying Spokes, and the Underlying another investment company if the sale (‘‘Subaccounts’’). Each Subaccount will Hubs will be sold without a front-end will cause the acquiring company to invest all of its assets in units of the sales charge, and will not be subject to own more than 3% of the acquired Underlying Spokes, and will allocate any redemption charge, contingent company’s voting stock, or if the sale and reallocate its assets among the deferred sales charge, or Rule 12b–1 will cause more than 10% of the Underlying Spokes. fees. Applicants reserve the right, acquired company’s voting stock to be 8. The Underlying Spokes are, or will however, to charge sales charges and owned by investment companies. be, ‘‘feeder’’ (or ‘‘spoke’’) funds in a service fees in the future subject to 2. Section 6(c) provides that the ‘‘master-feeder’’ (or ‘‘Hub and Condition 5 below. The only direct Commission may exempt persons or Spoke’’) 1 structure in which there are expense payable by Strategic Variable transactions if, and to the extent that, other feeders investing in the master Funds will be an asset allocation and such exemption is necessary or funds. Each of the existing Underlying administrative fee, in return for which appropriate in the public interest and Spokes invests, and each future investors in Strategic Variable Funds consistent with the protection of Underlying Spoke will invest, all of its will receive allocation and other investors and the purposes fairly assets in an Underlying Hub having the services provided by Investment intended by the policy and provisions of same investment objective and policies Advisors and AUSA. Applicants the 1940 Act. Applicants request an as the Underlying Spoke. Each existing anticipate that the asset allocation and order under Section 6(c) exempting Underlying Hub is advised by administrative fee will be at a rate of them from Section 12(d)(1) to permit Investment Advisors and has one or .20% per annum of average daily net Strategic Variable Funds to invest in the more sub-advisers who are responsible assets for each Subaccount.2 Underlying Spokes in excess of the for its day-to-day investment selections. percentage limitations of Section In addition to the Underlying Spokes, 11. Each Subaccount will pay 12(d)(1). each of the existing Underlying Hubs indirectly its proportional share of the 3. Section 12(d)(1) is intended to has, and each future Underlying Hub is expenses of the respective Underlying prevent unregulated pyramiding of expected to have, a number of Spokes in which it invests. These investment companies, and the abuses additional ‘‘spokes,’’ including a mutual expenses include daily charges for that are perceived to arise from such fund, a bank sponsored collective trust, mortality and administrative expense pyramiding. These abuses include the and non-registered insurance company risks which currently are charged acquiring fund imposing undue separate accounts. In the future, each against the net assets of the Underlying influence over the acquired fund Underlying Hub may sell interests to Spokes at an annual rate of .90%, but through the threat of large-scale other eligible entities to the extent may be charged at a maximum annual redemptions and the layering of sales permitted by applicable law. rate of 1.25%. In addition, these charges and advisory fees. 9. Allocations of a Subaccount’s assets expenses include the Underlying 4. Applicants believe that Strategic among units of the Underlying Spokes Spokes’ proportional shares of the Variable Funds is structured in a will be made consistent with its expenses of the Underlying Hubs in manner consistent with the intent of investment objective. For example, it is which they invest, which include Section 12(d)(1) of the 1940 Act and anticipated that an ‘‘aggressive’’ advisory fees and other customary which avoids the abuses intended to be Subaccount would, under normal expenses of registered investment prevented by that Section. Applicants circumstances, invest substantially all of companies, primarily consisting of state that the proposed structure of its assets in Underlying Spokes that in compensation to independent trustees, Strategic Variable Funds is very turn invest in Underlying Hubs insurance premiums, fees and expenses different from the structure of the investing in equity securities. The of independent auditors and legal investment companies whose practices Underlying Spokes/Underlying Hubs in counsel, custodial fees and expenses, led to the adoption of Section 12(d)(1) which each Subaccount will invest will and accounting expenses. and its amendment in 1970. As required be described in the Subaccount’s by Condition 1 below, Strategic Variable prospectus. In addition, the prospectus 2 AUSA permits unlimited transfers without Funds and the Underlying Hubs must be will disclose the general ranges for charge among the subaccounts of Diversified part of the same ‘‘group of investment Variable Funds. AUSA, however, reserves the right companies,’’ as defined in Rule 11a–3 investment by the Subaccount in each to impose limitations upon the number and timing of such transfers and to impose transfer charges. under the 1940 Act. Underlying Spokes 1 Hub and Spoke is a registered service mark of AUSA also reserves the right to deduct an annual must be registered separate accounts (or Signature Financial Group, Inc. contract charge not to exceed $50. subaccounts thereof) established by Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50357

AUSA in connection with the offering from, the company. Section 17(b) Act, the directors of Strategic Variable by AUSA of Variable Contracts. In provides that the Commission shall Funds, including a majority of the addition, Investment Advisors will be exempt a proposed transaction from Independent Directors, shall find that the investment adviser to Strategic Section 17(a) if evidence establishes advisory fees charged under such Variable Funds and each of the that: (a) the terms of the proposed contract are based on services provided Underlying Hubs. Applicants assert that transaction are reasonable and fair and that are in addition to, rather than Investment Advisors and AUSA are do not involve overreaching; (b) the duplicative of, services provided governed by their obligations to the proposed transaction is consistent with pursuant to any Underlying Hub’s various funds at different levels, and the policies of the registered investment advisory contract. Such finding, and the that any allocation or reallocation by company involved; and (c) the proposed basis upon which the finding was made, Investment Advisors of a Subaccount’s transaction is consistent with the will be recorded fully in the minute assets among Underlying Spokes/ general provisions of the 1940 Act. books of Strategic Variable Funds. Underlying Hubs will be made in 9. Applicants request exemptive relief 5. Strategic Variable Funds’ accordance with these obligations. from the prohibitions of Section 17(a) to acquisition, disposition, or holding of Finally, Applicants argue that AUSA’s allow the transactions described in the interests directly in the Underlying and Investment Advisors’ self-interest application. Applicants assert that the Spokes and indirectly in the Underlying will prompt them to maximize benefits relief is consistent with the standards of Hubs shall not be subject, directly or to all shareholders, and not disrupt the Section 17(b), and that such relief indirectly, to any sales charges or operations of Strategic Variable Funds should be granted for the same reasons service fees as such terms are defined in or any of the Underlying Spokes or set forth above under the discussion of Rule 2830 of the Conduct Rules of the Underlying Hubs. Section 12(d)(1) of the 1940 Act. National Association of Securities 5. Applicants believe that Strategic Dealers, Inc. Applicants’ Conditions Variable Funds’ asset and 6. Applicants will provide the administrative fee will be justified by Applicants agree that the order following information, in electronic the incremental benefits, not otherwise granting the requested relief shall be format, to the Chief Financial Analyst of available, of the professional assets subject to the following conditions: the Division of Investment Management allocation service that Investment 1. Strategic Variable Funds and each of the Commission: monthly average Advisors would provide for investors Underlying Hub will be part of the same total assets for each Subaccount and choosing Strategic Variable Funds. In ‘‘group of investment companies,’’ as each of its Underlying Spokes and addition, Applicants note that, as defined in Rule 11a–3 under the 1940 Underlying Hubs; monthly purchases required by Condition 4 below, before a Act, and the Underlying Spokes will be and redemptions (other than by Subaccount may adopt an asset registered separate accounts (of exchange) for each Subaccount and each allocation and administrative fee, the subaccounts thereof) established by of its Underlying Spokes and directors of Strategic Variable Funds, AUSA in connection with its offering of Underlying Hubs; monthly exchanges including the independent directors, the Variable Contracts.3 into and out of each Subaccount and must find that the fee is based on 2. No Underlying Hub shall acquire each of its Underlying Spokes; month- services that are in addition to, rather securities of any other investment end allocations of each Subaccount’s than duplicative of, services provided company in excess of the limits assets among its Underlying Spokes; under any Underlying Hub’s advisory contained in Section 12(d)(1)(A) of the annual expense ratios for each contract. Moreover, Applicants assert 1940 Act, and no Underlying Spoke Subaccount and each of its Underlying that no fees for duplicative services can shall acquire securities of any other Spokes and Underlying Hubs; and a exist at the Underlying Spoke level, investment company except in description of any vote taken by the unit because no advisory fees are or will be conformity with Section 12(d)(1)(E) of holders of any Underlying Spoke, charged at the Underlying Spoke level. the 1940 Act. including a statement of the percentage 6. Applicants also state that no 3. A majority of the directors 4 of of votes cast for and against the proposal layering of sales charges will exist. Strategic Variable Funds will not be by Strategic Variable Funds and by the Condition 5 below requires that ‘‘interested persons,’’ as defined in other unit holders of the Underlying Strategic Variable Funds’ acquisition, Section 2(a)(19) of the 1940 Act Spoke. Such information will be disposition, or holding of interests (‘‘Independent Directors’’). provided as soon as reasonably directly in the Underlying Spokes and 4. Before approving any advisory practicable following each fiscal year- indirectly in the Underlying Hubs shall contract under Section 15 of the 1940 end of Strategic Variable Funds (unless not be subject, directly or indirectly, to the Chief Financial Analyst shall notify 3 any sales charges or service fees as Because the Underlying Spokes will be unit Strategic Variable Funds or Investment investment trusts, they do not fall within the defined in Rule 2830 of the Conduct technical definition of ‘‘group of investment Advisors in writing that such Rules of the National Association of companies’’ under Rule 11a–3(a)(5) of the 1940 Act, information need no longer be Securities Dealers, Inc. which only applies to open-end investment submitted). 7. Accordingly, Applicants believe companies. Applicants note that although the Underlying Spokes do not technically comply with For the Commission, by the Division of that the requested exemption from the definition, the policy underlying a requirement Investment Management, pursuant to Section 12(d)(1) is appropriate in the that all funds in a ‘‘fund of funds’’ be part of the delegated authority. public interest and consistent with the same group of investment companies is served by Margaret H. McFarland, protection of investors and the purposes the proposed structure because AUSA is an affiliated person of Investment Advisors. Deputy Secretary. fairly intended by the policies of the 4 Although Strategic Variable Funds will be a [FR Doc. 96–24490 Filed 9–24–96; 8:45 am] 1940 Act. separate account of an insurance company, and not BILLING CODE 8010±01±M a corporation, trust, or similar entity, Applicants Section 17(a) state that Strategic Variable Funds will create a 8. Section 17(a) of the 1940 Act makes board of individuals who will function as ‘’directors’’ of Strategic Variable Funds within the Sunshine Act Meeting it unlawful for an affiliated person of a meaning of Section 2(a))(12) of the 1940 Act for registered investment company to sell purposes of exercising the function of directors Notice is hereby given, pursuant to securities to, or purchase securities under the 1940 Act and the rules thereunder. the provisions of the Government in the 50358 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

Sunshine Act, Pub. L. 94–409, that the 1934 (‘‘Act’’),1 and Rule 19b–4 Upon inclusion in the GSTI Composite Securities and Exchange Commission thereunder,2 a proposed rule change to Index, the Committee then selects and will hold the following meeting during list and trade options on six different assigns stocks to the GSTI Sub-Indexes the week of September 23, 1996. narrow-based indexes, each of which is based upon relevant qualitative criteria. A closed meeting will be held on composed of components from the GSTI Furthermore, any stock in a Sub-Index Friday, September 27, 1996, at 9:30 a.m. Composite Index (‘‘GSTI Composite must appear in the GSTI Composite Commissioners, Counsel to the Index’’).3 The six sub-indexes are: the Index. Stocks may be represented in one Commissioners, the Secretary to the GSTI Internet Index (‘‘Internet Index’’), or more GSTI Sub-Indexes, however, not Commission, and recording secretaries the GSTI Software Index (‘‘Software all GSTI Composite Index components will attend the closed meeting. Certain Index’’), the GSTI Semiconductor Index necessarily will be assigned to a GSTI staff members who have an interest in (‘‘Semiconductor Index’’), the GSTI Sub-Index. All of the components of the the matters may also be present. Hardware Index (‘‘Hardware Index’’), GSTI Composite Index currently trade The General Counsel of the the GSTI Services Index (‘‘Services on the New York Stock Exchange Commission, or his designee, has Index’’), and the GSTI Multimedia (‘‘NYSE’’), the American Stock certified that, in his opinion, one or Networking Index (‘‘Multimedia Index’’) Exchange or Nasdaq. more of the exemptions set forth in 5 (collectively ‘‘GSTI Sub-Indexes’’ or Calculation. The Sub-Index will be U.S.C. 552b(c)(4), (8), (9)(A) and (10) ‘‘Sub-Indexes’’). Notice of the proposed calculated by CBOE on a real-time basis and 17 CFR 200.402(a)(4), (8), (9)(i) and rule change appeared in the Federal using last-sale prices and will be (10), permit consideration of the Register on August 8, 1996.4 No disseminated every 15 seconds by scheduled matters at the closed meeting. comments were received on the CBOE.7 If a component security is not Commissioner Wallman, as duty proposal. On September 16, 1996, CBOE currently being traded on its primary officer, voted to consider the items filed Amendment No. 1 to the proposal market, the most recent price at which listed for the closed meeting in a closed to address issues related to index the security traded on such market will session. maintenance criteria.5 This order be used in the Index calculation. The subject matter of the closed approves the proposal, as amended, and The Sub-Indexes are calculated on a meeting scheduled for Friday, solicits comments on Amendment No. ‘‘modified capitalization-weighted’’ September 27, 1996, at 9:30 a.m., will 1. method, which is a hybrid between be: equal weighting (which may impose I. Description of the Proposal Institution and settlement of liquidity concerns for smaller-cap injunctive actions. The purpose of the proposal is to stocks) and capitalization weighting Institution and settlement of permit the Exchange to list and trade (which may result in two or three stocks administrative proceedings of an cash-settled, European-style index dominating an index’s performance). Under the method employed for each of enforcement nature. options on the GSTI Sub-Indexes. Each the sub-indexes, the maximum weight At times, changes in Commission GSTI Sub-Index is narrow-based, for the largest stock in the sub-index priorities require alterations in the modified-capitalization weighted, and will be set to no higher than 25% on the scheduling of meeting items. For further composed of components of the GSTI semiannual rebalancing date. The information and to ascertain what, if Composite Index. Goldman, Sachs & Co. maximum weight for the second largest any, matters have been added, deleted has designated a GSTI Committee stock will be set to no higher than 20% or postponed, please contact: (‘‘Committee’’) to oversee the selection of the maximum weight for the third The Office of the Secretary at (202) of GSTI Sub-Index components, as largest stock and any stock thereafter 942–7070. discussed below. Index Design. As discussed in greater will be set to no higher than 15% on the September 23, 1996. detail in SR–CBOE–96–43, the GSTI rebalancing date. The weight of all the Margaret H. McFarland, Composite Index is comprised of the remaining Sub-Index stocks shall be Deputy Secretary. universe of securities that satisfy market capitalization weighted. Thus, [FR Doc. 96–24697 Filed 9–23–96; 11:53 am] objective criteria (GSTI Index Rules’’).6 the weights of these remaining stocks BILLING CODE 8010±01±M 1 15 U.S.C. § 78s(b)(1) (1988 & Supp. V 1993). be eligible for the Index; American Depositary 2 Receipts are not eligible. Second, the total market 17 CFR 240.19b–4 (1994). capitalization of the company’s stock must be equal [Release No. 34±37696; File No. SR±CBOE± 3 Concurrent with this order, the Commission is to or greater than the capitalization ‘‘cutoff’’ value. 96±44] approving a CBOE proposal to list and trade options The initial base period ‘‘cutoff’’ value will be $600 on the Goldman Sachs Technology Composite million, but this value will be adjusted on each Self-Regulatory Organizations; Index, a broad-based, capitalization weighted index semiannual rebalancing date (as described below) to composed of the universe of technology-related Chicago Board Options Exchange, reflect the price performance of the Index since the company stocks meeting certain objective criteria, base period and rounded up to the nearest $50 Inc.; Order Approving Proposed Rule as amended. See Securities Exchange Act Release million. Index constituents with capitalization Change and Notice of Filing and Order No. 37693 (‘‘SR–CBOE–96–43’’). A list of below 50% of the ‘‘cutoff’’ value on a semiannual Granting Accelerated Approval of components for the Composite Index or any of the rebalancing date shall be removed after the close on Sub-Indexes is available at the Commission or Amendment No. 1 Thereto Relating to the effective date of the rebalancing. Third, CBOE. company stocks with a public float below 20% of the Listing and Trading of Options on 4 Securities Exchange Act Release No. 37509 (July shares issued and outstanding are not eligible for the Goldman, Sachs Technology 31, 1996), 61 FR 41434. inclusion in the Index. Fourth, the company stock Composite Sub-Indexes 5 Letter from Eileen Smith, CBOE, to Stephen M. must have annualized share turnover of 30% or Youhn, SEC, dated September 16, 1996. more, based on its average daily share volume for September 17, 1996. 6 All securities satisfying the following criteria are the six calendar months prior to inclusion in the automatically included in the GSTI Composite Index. Fifth, the components must be from a group On July 2, 1996, the Chicago Board Index: First, a company’s stock must trade on the of Standard Industrial Classification codes or Options Exchange, Inc. (‘‘CBOE’’ or New York Stock Exchange, the American Stock Russell Industry codes. ‘‘Exchange’’) submitted to the Securities Exchange or through the facilities of the Nasdaq, 7 Telephone conversation between Eileen Smith, and Exchange Commission (‘‘SEC’’ or and be a ‘‘reported security’’ under rule 11Aa3–1. CBOE and Sharon Lawson, SEC, on September 17, Only outstanding common shares are eligible for 1996. The original filing proposed that the Sub- ‘‘Commission’’), pursuant to Section inclusion. Additionally, only foreign companies Index values be calculated by CBOE or a designee 19(b) of the Securities Exchange Act of whose primary market is in the United States will of Goldman, Sachs. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50359 are not ‘‘capped.’’ At the time of semi- The Exchange, in turn, will disseminate of the merged company. If the weight of annual rebalancing, stocks with Sub- the information concerning the the merged company would exceed the Index weights in excess of their capped components of the GSTI Sub-Indexes to relevant cap for the Sub-Index to which weight in that Sub-Index, will be the public at least five days before the it is assigned, the weight of the restored to the appropriate capped effective date, wherever possible. The company will be capped at the time that weight. Committee retains discretion to add or the merger is completed. The index For stocks which are not ‘‘capped,’’ delete stocks from the GSTI Sub-Indexes shares of all other stocks in the effected the number of index shares will equal at the rebalancing or to change a stock’s Sub-Index will remain unchanged. the company’s outstanding common industry classification. A stock must As discussed above, the Committee is shares. For stocks which are capped, appear in the GSTI Composite Index to responsible for making component index shares will equal its maximum be eligible for inclusion in a Sub-Index. changes to the Sub-Indexes. weight, multiplied by the adjusted total At the discretion of the Committee, a Accordingly, a ‘‘chinese wall’’ has been market capitalization of the sub-index, stock may also be removed from a Sub- erected around the personnel at divided by the stock’s closing price on Index due to lack of industry Goldman, Sachs who have access to the rebalancing date. The index’s representation in the Sub-Index. information concerning changes and adjusted total market capitalization is The maintenance criteria applicable adjustments to the GSTI Composite the total outstanding market to the GSTI Composite Index, as Index and Sub-Indexes. Details of capitalization adjusted to reflect the described in SR–CBOE–96–43, also will Goldman, Sachs ‘‘chinese wall’’ number of ‘‘capped’’ stocks. apply to the GSTI Sub-Indexes. First, at procedures, which are closely modeled The divisor for each Sub-Index was least 75% of the weight of any Sub- on existing procedures for other initially calculated to yield a benchmark Index must be options eligible pursuant Goldman, Sachs derivative products, value of 100.00 at the close of trading to CBOE Rule 5.3. Second, Sub-Index have been submitted to the Commission on April 30, 1996. The divisor for each constituents with capitalization below under separate cover. Sub-Index will be adjusted as needed to 50% of the ‘‘cutoff’’ value on a Index Option Trading. The Exchange ensure continuity in each index semiannual rebalancing date shall be proposes to base trading in options on whenever there are additions or removed after the close on the effective the GSTI Sub-Indexes on the full value deletions from an index, share changes, date of the rebalancing. Third, if the of the relevant Sub-Index. The Exchange or adjustments to a component’s price to market capitalization of any component may list full-value long-term index reflect rights offerings, spinoffs, and drops below $75 million at the time of option series (‘‘LEAPS’’), as provided special cash dividends. the semiannual rebalancing, it must be in Rule 24.9. The Exchange also may Maintenance. The Sub-Indexes will options eligible.10 Fourth, no more than provide for the listing of reduced-value be maintained by CBOE and the GSTI 10% of the weight of a Sub-Index may LEAPS, for which the underlying value Committee. The GSTI Composite Index be composed of stocks with average would be computed at one-tenth of the will be adjusted on each semi-annual daily trading volume for the previous value of the appropriate Sub-Index (all rebalancing date by adding or deleting six-month period of less than 20,000 such LEAPS series are hereinafter stocks according to the inclusion criteria shares. Finally, at no time will a Sub- referred to as ‘‘LEAPS’’). The current detailed in SR–CBOE–96–43.8 All Index fall to less than 6 stocks.11 In the and closing index value of any such changes to the GSTI Composite Index event that a Sub-Index does not comply reduced-value LEAPS will, after such will then be implemented after the close with these maintenance criteria, CBOE initial computation, be rounded to the of trading on the effective date, which will notify Commission staff to nearest one-hundredth. Strike prices will be the third Friday of January and determine the appropriate regulatory will be set to bracket the index in a July. The rebalancing date will be 7 response. Such responses could include, minimum of 21⁄2 point increments for business days prior to the effective date. but are not limited to, the removal of strikes below 200 and 5 point As soon after the close of trading on securities from a Sub-Index, prohibiting increments above 200. The minimum the day following the rebalancing date opening transactions, or discontinuing tick size for series trading below $3 will for the GSTI Composite Index, the the listing of new series in any Sub- be 1⁄16th and for series trading above $3 12 Exchange will provide to the Committee Index. the minimum tick will be 1⁄8th. The a list of all constituent changes to the When a stock is ‘‘Fast Added’’ to the trading hours for options on the Index GSTI Composite Index. Upon receipt of GSTI Composite Index, as described in will be from 8:30 a.m. to 3:10 p.m. this list from the Exchange, the SR–CBOE–96–43, the stock may be Chicago time. Committee will meet to determine any ‘‘Fast Added’’ to one or more GSTI Sub- Exercise and Settlement. GSTI Sub- changes to the GSTI Sub-Indexes. Indexes at the same time. If added to a Index options will have European-style The Committee will notify CBOE of Sub-Index, the stock’s weight cannot exercise and will be ‘‘A.M.-settled index any change in composition for any of exceed the appropriate cap for that Sub- options’’ within the meaning of the the GSTI Sub-Indexes before trading Index. If a stock is ‘‘Fast Deleted’’ from Rules in Chapter XXIV, including Rule starts on the trading day after the the GSTI Composite Index, it will be 24.9, which is being amended to refer Exchange has provided the Composite removed from all GSTI Sub-Indexes at specifically to GSTI Sub-Index options. Index component list to the Committee.9 the same time. The last reported sale price of such a In the case of a merger, the Committee component security shall be used in any 8 See supra note 6. The GSTI Composite Index is will decide the Sub-Index classification comprised of the universe of technology stocks and case where that component security 13 all securities that meet the previously established does not open for trading on that day. inclusion criteria are added to the Index at the time would then disseminate such changes to the public of semi-annual rebalancing. CBOE maintains the at least five business days prior to the effective date, 13 The Commission notes that pursuant to Article GSTI Composite Index. wherever possible. Telephone Conversation XVII, Section 4 of the Options Clearing 9 For example, if CBOE provides to the Committee between Eileen Smith, CBOE, and Steve Youhn, Corporation’s (‘‘OCC’’) by-laws, OCC is empowered a list of composition changes to the GSTI Composite SEC, on July 24, 1996. to fix an exercise settlement amount in the event Index after the close of trading on Friday, the 10 See Amendment No. 1. it determines a current index value is unreported Committee would in turn inform CBOE of any 11 Currently, the Sub-Indexes range from 9 to 45 or otherwise unavailable. Further, OCC has the corresponding changes to the GSTI Sub-Indexes components. authority to fix an exercise settlement amount before trading commences on Monday. CBOE 12 See Amendment No. 1. Continued 50360 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

The proposed options will expire on the The trading of options on the GSTI substantially of liquid highly capitalized Saturday following the third Friday of Sub-Indexes and on reduced-value securities. Specifically, all components the expiration month. Thus, the last day Indexes, however, raises several issues must have a minimum market for trading in an expiring series will be relating to index design, customer capitalization of $75 million and be the second business day (ordinarily a protection, surveillance, and market options eligible; (C) the Sub-Indexes Thursday) preceding the expiration impact. The Commission believes, for remain composed of actively traded date. the reasons discussed below, that CBOE securities. Specifically, the Commission Exchange Rules Applicable. Except as adequately has addressed these issues. notes that no more than 10% of the modified herein, the Rules in Chapter capitalization of a Sub-Index may be A. Index Design and Structure XXIV will be applicable to GSTI Sub- represented by stocks with average daily Index options. Index option contracts The Commission believes it is volume for the previous six-month based on the GSTI Sub-Indexes will be appropriate for the Exchange to period of less than 20,000 shares; and subject to the position limit designate the Sub-Indexes as narrow- (D) the Sub-Indexes are comprised of no requirements of Rule 24.4A.14 Ten based for purposes of index options less than six components at all times.19 reduced-value options will equal one trading. The Sub-Indexes are comprised In the event a Sub-Index fails to comply full-value contract for such purposes. of a smaller number of stocks from the with these criteria, CBOE will notify CBOE represents that it has the GSTI Composite Index and are intended Commission staff to determine the necessary systems capacity to support to trade specific sub-industries of the appropriate regulatory response. Such new series that would result from the high capitalization technology sector of responses could include, but are not introduction of the GSTI Sub-Index the equities market. Accordingly, the limited to, the removal of components options. CBOE has also been informed Commission believes it is appropriate from a Sub-Index, prohibiting opening that the Options Price Reporting for CBOE to apply its rules governing transactions, or discontinuing the listing Authority (‘‘OPRA’’) has the capacity to narrow-based index options to trading of new series in any Sub-Index. support such new series. in the GSTI Sub-Index options.17 Third, CBOE and the Committee will The Commission believes that the II. Findings and Conclusions be required to ensure that each large capitalizations, liquid markets, component of a Sub-Index is subject to The Commission finds that the and relative weightings of the last sale reporting requirements in the proposed rule change is consistent with component stocks for each Sub-Index U.S. pursuant to Rule 11Aa3–1 of the the requirements of the Act and the significantly minimizes the potential for Act. This will further reduce the rules and regulations thereunder manipulation of the Sub-Index. As potential for manipulation of the value applicable to a national securities discussed above, each of the Sub- of the Index. Finally, the Commission exchange, and, particular, the Indexes must be composed only of believes that the existing mechanisms to requirements of Section 6(b)(5).15 components of the GSTI Composite monitor trading activity in the Specifically, the Commission finds that Index. Accordingly, the inclusion component stocks of the Index, or the trading of options on the GSTI Sub- standards applicable to the GSTI options on those stocks, will help deter Indexes, including LEAPS, will serve to Composite Index will apply to each of as well as detect any illegal activity. promote the public interest and help to the Sub-Indexes.18 remove impediments to a free and open In this regard, the Commission notes B. Customer Protection securities market by providing investors that the market capitalizations of the The Commission believes that a with additional means to hedge stocks in the Sub-Indexes are very large, regulatory system designed to protect exposure to market risk associated with ranging from a high of $67 billion to a public customers must be in place stocks in the various high technology low of $636 million. Because the Sub- before the trading of sophisticated sub-sectors.16 Indexes are modified capitalization- financial instruments, such as Sub- weighted, as described above, no one Index options (including full-value and whenever the primary market for the securities stock or group of stocks dominates a representing a substantial part of the value of an reduced-value long-term Index options), particular Sub-Index. can commence on a national securities underlying index is not open for trading at the time Second, the proposed maintenance when the current index value (i.e., the value used exchange. The Commission notes that for exercise settlement purposes) ordinarily would criteria will serve to ensure that: (A) the the trading of standardized exchange- be determined. See Securities Exchange Act Release Sub-Indexes are not dominated by one No. 37315 (June 17, 1996), 61 FR 42671 (Aug. 16, traded options occurs in an or several securities that do not satisfy environment that is designed to ensure, 1996) (order approving SR-OCC–95–19). the Exchange’s options listing criteria; 14 among other things, that: (1) The special CBOE Rule 24.4A sets position and exercise (B) the Sub-Indexes remain composed limits for narrow-based index options under a risks of options are disclosed to public tiering approach based on the applicable customers; (2) only investors capable of concentration of the component securities. Each of companies in the high technology sub-industries in the Sub-Indexes is subject to a position limit of the U.S. stock markets. evaluating and bearing the risks of 9,000 contracts on the same side of the market. 17 The Commission also believes that each of the options trading are engaged in such 15 U.S.C. §78f(b)(5) (1988). reduced value Sub-Indexes are narrow-based trading; and (3) special compliance 16 Pursuant to Section 6(b)(5) of the Act, the because they are composed of the same component procedures are applicable to options Commission must predicate approval of any new securities as the Sub-Indexes, and merely dividing accounts. Accordingly, because the Sub- option proposal upon a finding that the a Sub-Index value by ten will not alter its basic introduction of such new derivative instrument is character. Index options will be subject to the in the public interest. Such a finding would be 18 See supra note 6 for the inclusion standards. same regulatory regime as the other difficult for a derivative instrument that served no In approving the GSTI Composite Index (SR–CBOE– standardized index options currently hedging or other economic function, because any 96–43), the Commission makes a concurrent finding traded on CBOE, the Commission benefits that might be derived by market that the GSTI Composite Index is broad-based participants likely would be outweighed by the because it represents a substantial segment of the believes that adequate safeguards are in potential for manipulation, diminished public U.S. equities market. In addition, the Commission place to ensure the protection of confidence in the integrity of the markets, and other finds that the general broad diversification, investors in Sub-Index options and valid regulatory concerns. In this regard, the trading capitalization, and relatively liquid markets of the LEAPS. of listed options on the Sub-Indexes will provide GSTI Composite Index’s component stocks investors with a hedging vehicle that should reflect significantly minimize the potential for the overall movement of the stocks representing manipulation of that Index. 19 See supra note 11. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50361

C. Surveillance within Goldman, Sachs, as discussed proposed rule change prior to the The Commission believes that a above, adequately serve to minimize the thirtieth day after the date of surveillance sharing agreement between susceptibility to manipulation of the publication of notice of filing thereof in an exchange proposing to list a stock Sub-Indexes and the securities in the the Federal Register. Amendment No. 1 index derivative product and the Sub-Indexes. Finally, the Exchange’s establishes maintenance criteria for the exchange(s) trading the stocks existing surveillance procedures for Sub-Indexes which should help to underlying the derivative product is an stock index options will apply to the ensure that the Sub-Indexes do not important measure for surveillance of options on the Sub-Indexes and should become dominated by lowly capitalized, the derivative and underlying securities provide CBOE with adequate illiquid, and thinly traded securities. In information to detect and deter trading markets. Such agreements ensure the addition, the Commission believes that abuses that may occur. In summary, the availability of information necessary to the establishment of maintenance detect and deter potential Commission believes that the procedures outlined above help to criteria should help to increase the manipulations and other trading abuses, integrity and stability of the Sub- thereby making the stock index product ensure that Goldman, Sachs will not have any informational advantages Indexes. Therefore, the Commission less readily susceptible to believes it is consistent with Sections 20 concerning modifications to the manipulation. In this regard, CBOE, 6(b)(5) and 19(b)(2) of the Act to Amex, NYSE, and the NASD, on whose composition of the Sub-Indexes due to approve Amendment No. 1 to the markets the component securities of the its role in the maintenance of the Sub- proposal on an accelerated basis. Sub-Indexes trade, are all members of Indexes. the Intermarket Surveillance Group D. Market Impact III. Solicitation of Comments (‘‘ISG’’).21 Options on the individual The Commission believes that the component securities also trade on Interested persons are invited to listing and trading of options on the markets which are ISG members. In submit written data, views and Sub-Indexes, including LEAPS, on addition, CBOE will apply the same arguments concerning Amendment No. CBOE will not adversely impact the surveillance procedures as those used 1. Persons making written submissions underlying securities markets.22 First, as for existing narrow-based index options should file six copies thereof with the described above, due to the modified trading on CBOE. capitalization weighting method, no one Secretary, Securities and Exchange The Commission notes that certain Commission, 450 Fifth Street, N.W., concerns are raised when a broker- stock or group of stocks dominates a Sub-Index. Second, because at each Washington, D.C. 20549. Copies of the dealer, such as Goldman, Sachs, is submission, all subsequent involved in the development and semi-annual rebalancing of a Sub-Index, at least 75% of the weight of the Sub- amendments, all written statements maintenance of a stock index that with respect to the proposed rule underlies an exchange-traded derivative Indexes must be accounted for by stocks change that are filed with the product. For several reasons, however, that meet CBOE’s options listing Commission, and all written the Commission believes that CBOE has standards, the component stocks adequately addressed this concern with generally will be actively-traded, highly- communications relating to the respect to options on the Sub-Indexes. capitalized stocks.23 Third, CBOE’s proposed rule change between the First, the value of the Sub-Indexes, existing position and exercise limits Commission and any person, other than including the final settlement values, will serve to minimize potential those that may be withheld from the are to be calculated and disseminated manipulation and market impact public in accordance with the independent of Goldman, Sachs by concerns. Fourth, the risk to investors of provisions of 5 U.S.C. § 552, will be CBOE. Accordingly, neither Goldman, contra-party non-performance will be available for inspection and copying at Sachs nor any of its affiliates or other minimized because Sub-Index options the Commission’s Public Reference persons (except CBOE) will be in receipt and Sub-Index LEAPS will be issued Section, 450 Fifth Street, N.W., of the values prior to their public and guaranteed by the OCC just like any Washington, D.C. 20549. Copies of such dissemination. Second, the Commission other standardized option traded in the filing will also be available for believes that the procedures Goldman, United States. inspection and copying at the principal Lastly, the Commission believes that Sachs has established to detect and office of the CBOE. All submissions settling expiring GSTI Sub-Index prevent material non-public information should refer to File No. SR–CBOE–96– options, including LEAPS, based on the concerning the Sub-Indexes from being 44 and should be submitted by October opening prices of component securities improperly used by members of the 16, 1996. Committee, as well as other persons is reasonable and consistent with the Act. As noted in other contexts, valuing It therefore is ordered, pursuant to 25 20 See Securities Exchange Act Release No. 31243 options for exercise settlement on Section 19(b)(2) of the Act, that the (September 28, 1992), 57 FR 45849 (October 5, expiration based on opening prices proposed rule change (SR–CBOE–96– 1992). rather than closing prices may help 44) is approved, as amended. 21 The ISG was formed on July 14, 1983 to, among reduce adverse effects on markets for For the Commission, by the Division of other things, coordinate more effectively surveillance and investigative information sharing stocks underlying options on the Market Regulation, pursuant to delegated arrangements in the stock and options markets. See Index.24 authority.26 Intermarket Surveillance Group Agreement, dated The Commission finds good cause for Margaret H. McFarland, July 14, 1983, amended January 29, 1990. The approving Amendment No. 1 to the members of the ISG are the following: American Deputy Secretary. Stock Exchange; Boston Stock Exchange, Inc.; [FR Doc. 96–24493 Filed 9–24–96; 8:45 am] CBOE; Chicago Stock Exchange, Inc.; National 22 In addition, CBOE has represented that it and Association of Securities Dealers, Inc.; New York OPRA have the necessary systems capacity to BILLING CODE 8010±01±M Stock Exchange, Inc.; Pacific Stock Exchange Inc.; support those new series of index options that and Philadelphia Stock Exchange, Inc. The major would result from the introduction of Sub-Index stock index futures exchanges (including the options and LEAPS. Chicago Merchantile Exchange and the Chicago 23 See Amendment No. 1. Board of Trade) joined the ISG as affiliate members 24 Securities Exchange Act Release No. 30944 25 15 U.S.C. § 78s(b)(2) (1988). in 1990. (July 21, 1992), 57 FR 33376 (July 28, 1992). 26 17 CFR 200.30–3(a)(12) (1994). 50362 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

[Release No. 34±37693; File No. SR±CBOE± technology stocks.7 The GSTI or Russell Industry codes.11 Sixth, at 96±43] Composite Index is a capitalization- least 75% of the weight of the Index weighted index with each stock must be options eligible pursuant to Self-Regulatory Organizations; affecting the Index in proportion to its CBOE Rule 5.3.12 Chicago Board Options Exchange, market capitalization. All securities that Inc.; Order Approving Proposed Rule As of April 30, 1996, the Index was meet the following criteria (the ‘‘GSTI comprised of 177 stocks ranging in Change, and Notice of Filing and Order Index Rules’’) will automatically be Granting Accelerated Approval of capitalization from $604 million to included in the Index, either at the time $67.3 billion. The largest stock Amendments No. 1, No. 2 and No. 3 of the semiannual rebalancing or when Thereto Relating to the Listing and accounted for 8.5% of the total the ‘‘fast-add’’ criteria, as defined below, weighting of the Index, while the Trading of Options on the Goldman are met.8 Sachs Technology Composite Index smallest accounted for 0.08%. The First, the company’s stock must trade median capitalization of the firms in the September 17, 1996. on the New York Stock Exchange, the Index was $1.5 billion. American Stock Exchange or through On July 2, 1996, the Chicago Board the facilities of the Nasdaq, and be B. Calculation Options Exchange, Inc. (‘‘CBOE’’ or ‘‘reported securities’’ under Rule The methodology used to calculate ‘‘Exchange’’) submitted to the Securities 11Aa3–1. Only outstanding common the value of the Index is similar to the and Exchange Commission (‘‘SEC’’ or shares are eligible for inclusion. methodology used to calculate the value ‘‘Commission’’), pursuant to Section Additionally, only foreign companies of other well-known broad-based 19(b) of the Securities Exchange Act of whose primary market is in the United 1 indices. The level of the Index reflects 1934 (‘‘Act’’), and Rule 19b–4 States will be eligible for the Index,9 2 the total market value of all the thereunder, a proposed rule change to American Depositary Receipts are not component stocks relative to a provide for the listing and trading on eligible. Second, the total market particular base period. The GSTI the Exchange of options on the Goldman capitalization of the company’s stock Composite Index base date is April 30, Sachs Technology Composite Index must be equal to or greater than the 1996, when the Index value was set to (‘‘GSTI Composite Index’’ or ‘‘Index’’), a capitalization ‘‘cutoff’’ value. The initial 100. The daily calculation of the GSTI cash-settled, broad-based index base period ‘‘cutoff’’ value will be $600 Composite Index is computed by designed to measure the performance of million, but this value will be adjusted dividing the total market value of the high capitalization technology stocks. on each semiannual rebalancing date (as components in the Index by the Index Notice of the proposed rule change was described below) to reflect the price Divisor. The divisor is adjusted as published for comment and appeared in performance of the Index since the base 3 needed to ensure continuity in the the Federal Register on August 9, 1996. period and rounded up to the nearest Index whenever there are additions and No comments were received on the $50 million. Third, company stocks deletions from the Index, share changes, proposal. On August 13, 1996, the with a public float below 20% of shares or adjustments to a component’s price to Exchange filed Amendment No. 1 to the issued and outstanding are not eligible 4 reflect offerings, spinoffs, or proposed rule change. On September for inclusion in the Index.10 Fourth, the extraordinary cash dividends. The 10, 1996, CBOE submitted Amendment company stock must have annualized 5 values of the Index will be calculated by No. 2 to the proposed rule change. On share turnover of 30% or more, based on CBOE on a real-time basis, and September 16, 1996, CBOE submitted its average daily share volume for the disseminated at 15-second intervals Amendment No. 3 to the proposed rule six calendar months prior to inclusion 6 during regular CBOE trading hours to change (together with Amendments in the Index. Fifth, the components market information vendors via the No. 1 and No. 2, the ‘‘Amendments’’). must be from a delineated group of Options Price Reporting Authority This order approves the proposal, as Standard Industrial Classification codes amended, and solicits comments on (‘‘OPRA’’).13 Amendment No. 1, Amendment No. 2, 7 A list of the securities comprising the GSTI C. Maintenance and Amendment No. 3. Composite Index, as well as listed shares outstanding and prices as of April 30, 1996, was The GSTI Composite Index will be I. Description of the Proposal submitted by the Exchange as Exhibit B, and is maintained by the Exchange. Index available at the Office of the Secretary, CBOE and A. Composition of the Index at the Commission. maintenance includes monitoring Index 8 Amendment No. 1. All the securities to be criteria and completing the adjustments The GSTI Composite Index has been added to or deleted from the Index, whether at the for company additions and deletions, designed to measure the performance of semi-annual rebalancing or by ‘‘fast-add’’ or ‘‘fast- share changes, stock splits, stock the universe of high capitalization delete,’’ will be identified and selected solely by the dividends, and stock price adjustments CBOE staff. The GSTI Committee, which is responsible for maintaining the GSTI Sub-Indexes due to such events as company 1 15 U.S.C. § 78s(b)(1). (as discussed in SR–CBOE–96–44), is not involved restructurings or spinoffs, as well as the 2 17 CFR § 240.19b–4. in any decisions on adding or deleting securities semiannual rebalancing. Any changes 3 See Securities Exchange Act Release No. 37519 from the Composite Index. Id. CBOE makes to the Index must be in (August 2, 1996), 61 FR 41671. 9 Amendment No. 1. 4 See letter from Eileen Smith, Director, Product 10 The public float is determined by dividing the Development, CBOE to Stephen Youhn, Special number of shares which are owned by persons other 11 Amendment No. 1. Included in the delineated Counsel, Office of Market Supervision, Division of than those required to report their stock holdings list are 14 categories under the SIC Code and 6 Market Regulation, SEC, dated August 13, 1996. under Section 16(a) of the Act by the total number categories under the Russell Code. Amendment No. 1 primarily addresses issues of shares outstanding. With respect to options on 12 Amendment No. 3. As of April 30, 1996, 100% related to Index maintenance criteria. underlying individual components, CBOE Rule 5.3, of the Index was options eligible. See note 25, infra, 5 See letter from Eileen Smith, CBOE to Stephen Interpretations and Policies .01(a)(1) requires a which discusses CBOE options eligibility standards. Youhn, SEC, dated September 10, 1996. minimum of 7,000,000 shares of the underlying 13 Telephone conversation between Eileen Smith, Amendment No. 2 institutes a minimum market security which are owned by persons other than CBOE and Sharon Lawson, Senior Special Counsel, capitalization requirement for Index components. those required to report their stock holdings under Office of Market Supervision, Division of Market 6 See letter from Eileen Smith, CBOE to Stephen Section 16(a) of the Act. Telephone conversation Regulation, SEC, on September 17, 1996. The Youhn, SEC, dated September 16, 1996. with Eileen Smith, CBOE and Janice Mitnick, original filing proposed that the Sub-Index values Amendment No. 3 clarifies Amendments No. 1 and Attorney, Office of Market Supervision, Division of be calculated by CBOE or a designee of Goldman No. 2. Market Regulation, SEC, on July 30, 1996. Sachs. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50363 compliance with the inclusion and trading days before the effective date, minimizing impact to be Index, the maintenance criteria. unless unforeseen circumstances require stock to be removed will be removed at The Index will be rebalanced by a shorter period. the value at which it last traded. CBOE for additions and deletions on a Stocks may be added or deleted from Except for stocks which meet the semiannual basis. Stocks will be added the Index at a time other than at the criteria for Fast Add or Delete (as or deleted from the Index at the rebalancing according to the ‘‘Fast Add described above), stocks can only be semiannual rebalancing in accordance and Delete’’ rule. All Index constituent added or deleted by CBOE from the with CBOE’s application of the GSTI changes made in accordance with this Index at the time of the semiannual Index Rules,14 as well as compliance rule will be announced by the Exchange rebalancing. with the market capitalization cut-off at least three to five trading days prior D. Index Option Trading value, component options eligibility to the effective date of the Fast Add or percentages, trading volume Delete, unless unforeseen circumstances In addition to regular Index options, requirements and weighting limitations require a shorter period. the Exchange may provide for the listing noted below. In particular, Index Any technology-related company of long-term index option series  constituents with capitalization below whose shares start trading between (‘‘LEAPS ’’) and reduced-value LEAPS 50% of the ‘‘cutoff’’ value on a semiannual rebalancings is eligible to be on the Index. For reduced-value LEAPS, semiannual rebalancing date shall be Fast Added to the Index if all the the underlying value would be removed after the close on the effective inclusion criteria described above are computed at one-tenth of the Index date of the rebalancing. Further, at the met, excluding the requirement for level. The current and closing Index semiannual rebalancing, CBOE will minimum share turnover ratio.19 value of any such reduced-value LEAP consult with the Commission staff if any Further, the stock must rank in the top will, after such initial computation, be component’s market capitalization quartile of market capitalization of the rounded to the nearest one-hundredth. drops below $75 million at the time of GSTI Composite Index based on the Strike prices will be set to bracket the the semiannual rebalancing and that previous month-end closing prices. Index in a minimum of 21⁄2 point component is not options eligible,15 less If two companies in the Index merge, increments for strikes below 200 and in than 75% of the capitalization of the or if an Index constituent merges with 5 point increments above 200. The Index is represented by stocks eligible a company not currently in the Index, minimum tick size for series trading for options trading,16 and/or 10% or the merged company shall remain in the below $3 will be 1/16th and for series more of the weight of the Index is Index if it meets all the Index inclusion trading above $3 the minimum tick will composed of stocks with average daily criteria. If the company to be merged be 1/18th. The trading hours for options volume for the previous six-month into another company (‘‘target on the Index will be from 8:30 a.m. to period of less than 20,000 shares.17 If company’’) is currently in the Index, it 3:10 p.m. Chicago time. any of these situations occur, the CBOE will be Fast Deleted after the close on E. Exercise and Settlement will discuss with Commission staff what the date the merger is completed. action should be taken, including If a GSTI Composite Index constituent The proposed options on the Index whether the Index should be reclassified is acquired by a non-Index company, will expire on the Saturday following as narrow-based, opening transactions the acquiring company may be added to the third Friday of the expiration should be prohibited and/or new Index the Index if it meets the inclusion month. Trading in the expiring contract series should not continue to be listed. criteria; otherwise, the target company month will normally cease at 3:10 p.m. Additionally, CBOE will notify will be Fast Deleted. Any such additions (Chicago time) on the business day Commission staff if the largest or deletions will be effective after the preceding the last day of trading in the component of the Index is greater than close on the date the acquisition is component securities of the Index 15% of the weight of the Index, or the completed. (ordinarily the Thursday before top five components are greater than If a company in the Index spins off expiration Saturday, unless there is an 50% of the weight of the Index.18 another company, the parent and the intervening holiday). The exercise At the rebalancing, Index share spinoff will remain in the Index settlement value of the Index at option changes will be made to reflect the provided that each meets the Index expiration will be calculated based on outstanding shares and closing prices of inclusion criteria. If either the parent or the opening prices of the component all Index constituents on the the spinoff fails to meet the inclusion securities on the business day prior to ‘‘rebalancing’’ date. The changes will be criteria, it will be removed from the expiration. If a stock fails to open for implemented after the close on the Index. trading, the last available price on the ‘‘effective’’ date. The effective dates In the event that a company stock will be used in the calculation of shall be the third Friday of January and represented in the Index files for the Index, as is done for currently listed July. The rebalancing date shall be bankruptcy, its stock will be removed indexes.21 When the last trading day is seven (7) business days inclusive prior from the Index effective after the close moved because of Exchange holidays to the effective date. Notice of the new on the date of the filing. In the event (such as when CBOE is closed on the component list will be disseminated by that trading in an Index constituent is the Exchange to the public at least five suspended for thirty (30) trading days, 21 The Commission notes, however, that pursuant CBOE will remove the company from to Article XVII, Section 4 of OCC’s by-laws, OCC is empowered to fix an exercise settlement amount 14 the Index unless an announcement has The GSTI Index is based on pre-determined in the event that OCC determines that the current criteria (the GSTI Index Rules) which have been been made that the stock will index value is unreported or otherwise unavailable. publicly disseminated. See Section I(A), supra. commence trading within the next ten Further, OCC has authority to fix an exercise 15 Amendment No. 3. days.20 Any such removal will be settlement amount whenever the primary market for 16 Amendment No. 3. preannounced and, for purposes of the securities representing a substantial part of the 17 Amendment No. 3. value of an underlying index is not open for trading 18 Amendment No. 1. After notification of at the time when the current index value (i.e., the Commission staff, CBOE will monitor the Index for 19 As noted above, CBOE will ensure 75% of the value used for exercise settlement purposes) the following three month period. At the end of that Index is options eligible at each semiannual ordinarily would be determined. See Securities time period, CBOE, in conjunction with rebalancing. These standards contain minimum Exchange Act Release No. 37315 (June 17, 1996, 61 Commission staff, will determine if the Index trade volume requirements. See note 25, infra. FR 42671 (August 16, 1996) (order approving SR– should be reclassified as narrow-based. 20 Amendment No. 1. OCC–95–19). 50364 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

Friday before expiration), the last securities contained in the Index. By all of which trade on the New York trading day for expiring options will be broadening the hedging and investment Stock Exchange, the American Stock Wednesday and the exercise settlement opportunities of investors, the Exchange or through the facilities of the value of Index options at expiration will Commission believes that the trading of Nasdaq. Fourth, the market be determined at the opening of regular options on the GSTI Composite Index capitalization of the stocks comprising Thursday trading. will serve to protect investors, promote the Index is very large. Specifically, the the public interest, and contribute to the total capitalization of the Index as of F. Surveillance maintenance of fair and orderly April 30, 1996 was approximately The Exchange will use the same markets.24 $791.7 billion. Market capitalization of surveillance procedures currently The trading of Goldman Sachs the individual stocks ranges from $604 utilized for each of the Exchange’s other Technology Composite Index options, million to $67.3 billion, with an average index options of monitor trading in however, raised several issues, capitalization of $4.47 billion. Fifth, no Index options and Index LEAPS on the including issues related to index design, stock or group of stocks dominates the GSTI Composite Index. customer protection, surveillance, and weight of the Index. Specifically, no G. Position Limits market impact. For the reasons single stock accounted for more than discussed below, the Commission 8.5% of the total weighting of the Index, The Exchange proposes to establish believes that the CBEO has adequately and the five highest weighted securities position limits for options on the Index addressed these issues. accounted for only 35% of the Index at 100,000 contracts on either side of the value.26 Accordingly, the Commission market, with no more than 60,000 of A. Index Design and Structure believes it is appropriate to classify the such contracts permitted to be in the The Commission finds that it is Index as broad-based. series in the nearest expiration month. appropriate and consistent with the Act The Commission also believes that the These limits are roughly equivalent, in to classify the Index as broad-based, and general broad diversification, dollar terms, to the limits applicable to therefore to permit Exchange rules capitalization, and relatively liquid options on other similar indices. applicable to the trading of broad-based markets of the Index’s component stocks H. Exchange Rules Applicable and index options to apply to the Index significantly minimize the potential for Systems Capacity. options. Specifically, the Commission manipulation of the Index. First, as believes the Index is broad-based discussed above, the Index represents a As modified herein, the Rules in because it reflects a substantial segment broad cross-section of domestically Chapter XXIV will be applicable to the of the U.S. equities market, in general, traded high capitalization technology trading of GSTI Composite Index and high capitalization technology stocks, with no single industry group or options. securities, in particular. First, the high stock dominating the Index. Second, the CBOE has stated that it has the technology sector is a substantial majority of the stocks that comprise the necessary systems capacity to support segment of the U.S. equities market, the Index are actively traded.27 Third, the new series that would result from the GSTI Index Rules ensure that the Index Commission believes that the Index introduction of GSTI Composite Index continues to reflect that segment. selection and maintenance criteria will options. CBOE has also been informed Second, the Index includes multiple serve to ensure that the Index will not that the OPRA has the capacity to industries within the high technology be dominated by low priced stocks with support new series.22 segment of the securities market, such small capitalizations, floats and trading II. Discussion as computer and office equipment, volumes.28 Fourth, the CBOE has The Commission finds that the industry machinery, radio and represented that it will monitor the proposed rule change is consistent with television broadcasting and Index semiannually and will consult the requirement of the Act and the rules communications equipment, and with staff of the Commission when: (A) and regulations thereunder applicable to telephone and telegraph apparatus, and a national securities exchange, and, in does not rely solely on computer-related over the preceding twelve months; and (4) the companies. Third, the Index consists of market price must have been at least $7.50 for a particular, the requirements of Section majority of the business days during the preceding 6(b)(5).23 The Commission finds that the 177 actively traded securities (all three calendar months. See CBOE Rule 5.3, 25 trading of options on the Index will options eligible as of April 30, 1996 ), Interpretation .01. permit investors to participate in the 26 Amendment No. 1. If the largest component of 24 Pursuant to section 6(b)95) of the Act, the the Index is greater than 15% of the weight of the price movement of the securities on Commission must predicate approval of any new Index, or the top five components are greater than which the Index is based. The option or warrant proposal upon a finding that the 50% of the weight of the Index, CBOE will notify Commission also believes that the introduction of such new derivative instrument is Commission staff. After notification of Commission trading of options on the Index is allow in the public interest. Such a finding would be staff, CBOE will monitor the Index for the following difficult for a derivative instrument that served no three month period. At the end of that time period, investors holding positions in some of hedging or other economic function, because any CBOE, in conjunction with Commission staff, will all of the securities underlying the Index benefits that might be derived by market determine if the Index should be reclassified as to hedge the risks associated with their participants likely would be outweighed by the narrow-based. This standard regarding the weight of portfolios. Accordingly, the Commission potential for manipulation, diminished public Index components should ensure that if the Index confidence in the integrity of the markets, and other becomes dominated by one or a few securities, the believes GSTI Composite Index options valid regulatory concerns. In this regard, the trading Commission and CBOE will re-review the Index’s will provide investors with an of listed options on the GSTI Index will provide broad-based status. important trading and hedging investors with a hedging vehicle that should reflect 27 As stated above, in order to qualify for mechanism that should reflect the overall movement of the universe of highly inclusion in the Index, a company must have capitalized technology stocks primarily traded on annualized share turnover of 30% or more based on accurately the overall movement of the U.S. markets. its average daily share volume for the six calendar 25 The standards for options eligibility, which are months prior to inclusion into the Index. 22 See memo from Joe Corrigan, Executive uniform among the options exchanges, provide that 28 In this regard, the Commission notes that the Director, OPRA, to Eileen Smith, Director of Product a security underlying an option must, among other GSTI Composite Index is comprised of the universe Research, CBOE, dated June 26, 1996 (confirming things, meet the following requirements: (1) the of technology stocks that meet the GSTI Index Rules that the traffic generated is within the OPRA’s public float must be at least 7,000,000; (2) there criteria. There are no subjective criteria in capacity). must be a minimum of 2,000 stockholders; (3) determining the components of the Index. See 23 15 U.S.C. § 78f(b)(5). trading volume must have been at least 2.4 million Amendment No. 1. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50365 less than 75% of the weight of the Index environment that is designed to ensure, securities markets.37 First, as described is options eligible 29 (B) 10% or more of among other things, that: (1) the special above, the Index is broad-based and the weight of the Index is composed of risks of options are disclosed to public comprised of 177 stocks. No one stock stocks with average daily volume of less customers; (2) only investors capable of or industry group dominates the Index than 20,000 shares for the previous six evaluating and bearing the risk of and the maintenance standards will month period; 30 (C) the market options trading are engaged in such help to ensure this continues even if capitalization of any component falls trading; and (3) special compliance some of the Index components change.38 below $75 million at a time the procedures are applicable to options Second, as noted above, the stocks component is not options eligible; 31 or accounts. Accordingly, because the contained in the Index have large (D) the largest component of the Index Index options will be subject to the capitalizations and are actively traded. is greater than 15% of the weight of the same regulatory regime as the other Should 10% or more of the weight of Index, or the top five components are standardized options traded on the the Index be composed of stocks with an greater than 50% of the weight of the CBOE, the commission believes that average daily volume of less than 20,000 Index 32. In the event the Index fails to adequate safeguards are in place to for the previous six months, CBOE will satisfy any of the criteria in A, B and C ensure the protection of investors in consult with Commission staff.39 above, CBOE will consult with the Index options. Third, as of April 30, 1996, all stocks Commission to determine the comprising the Index were options C. Surveillance appropriate regulatory response, eligible40 and the maintenance including but not limited to the The Commission generally believes standards ensure that, at least, 75% of reclassification of the Index as narrow- that a surveillance sharing agreement the weight of the Index will continue to based, prohibiting opening transactions between an exchange proposing to list a be eligible for options trading.41 Fourth, and/or discontinuing the listing of new stock index derivative product and the existing CBOE stock index options rules series of Index options.33 As noted exchange(s) trading the stocks and surveillance procedures will apply above, as to component weight, CBOE underlying the derivative product is an to Index options. Fifth, the position will monitor the Index for a three month important measure for surveillance of limits of 100,000 contracts on either period and, in conjunction with the derivative and underlying securities side of the market, with no more than Commission staff, will determine markets. Such agreements ensure the 60,000 of such contracts in a series in whether the Index should be reclassified availability of information necessary to the nearest month expiration month, as narrow-based.34 detect and deter potential will serve to minimize potential Fifth, the Exchange has proposed manipulations and other trading abuses, manipulation and market impact reasonable position and exercise limits thereby making the stock index product concerns. Sixth, the risk to investors of for the Index options that will serve to less readily susceptible to contra-party non-performance will be minimize potential manipulation and manipulation.35 In this regard, the New minimized because the Index options other market impact concerns. The York Stock Exchange, Inc., American will be issued and guaranteed by the position limits, at 100,000 contracts on Stock Exchange, Inc. and the National Options Clearing Corporation just like either side of the market, with no more Association of Securities Dealers, Inc., any other standardized option traded in than 60,000 of such contracts permitted on whose markets the component the United States. to be in the series in the nearest securities of the Index trade, are all Finally, the Commission believes that expiration month, are roughly members of the Intermarket settling expiring GSTI Composite Index equivalent in dollar terms to the limits Surveillance Group (‘‘ISG’’).36 options (including full-value and applicable to options on other similar Options on the individual component reduced-value Index LEAPS) based on indices. Accordingly, the Commission securities also trade on markets which the opening prices of component believes these factors minimize the are ISB members. In addition, the CBOE securities is reasonable and consistent potential for manipulation because it is will apply the same surveillance with the Act. As noted in other contexts, unlikely that attempted manipulations procedures as those used for existing valuing expiring index options for of the prices of the Index components broad based index, options trading on exercise settlement purposes based on would affect significantly the Index’s the CBOE. opening prices rather than closing prices may help reduce adverse effects value. Moreover, the surveillance D. Market Impact procedures discussed below should on the securities underlying options on detect as well as deter potential The Commission believes that the the Index.42 manipulation and other trading abuses. listing and trading of GSTI Composite Index options on the CBOE will not 37 The CBOE has stated that it has the necessary B. Customer Protection adversely affect the underlying systems capacity to support new series that would result from the introduction of the GSTI Index The Commission believes that a options. As stated above, OPRA has represented 35 See Securities Exchange Act Release No. 31243 regulatory system designed to protect that additional traffic generated by options and (October 5, 1992), 57 FR 45849. LEAPS on the Index is within OPRA’s capacity. See public customers must be in place 36 The ISG was formed on July 14, 1983 to, among note 22, supra. before the trading of sophisticated other things, coordinate more effectively 38See note 18, supra, and accompanying text. financial instruments, such as Index surveillance and investigative information sharing 39 arrangements in the stock and options markets. See Amendment No. 3. CBOE’s consultation with options, can commence on a national Commission staff will address whether the Index securities exchange. The Commission Intermarket Surveillance Group Agreement, dated July 14, 1983, amended January 29, 1990. The should be reclassified as narrow-based, whether notes that the trading of standardized members of the ISG are the following: American opening transactions should be prohibited and exchange-traded options occurs in an Stock Exchange; Boston Stock Exchange, Inc.; whether listing of new series should be CBOE; Chicago Stock Exchange, Inc.; National discontinued if the Index does not meet the market value criteria. Id. 29 Amendment No. 3. Association of Securities Dealers, Inc.; New York Stock Exchange, Inc.; Pacific Stock Exchange Inc.; 40 Telephone conversation with Eileen Smith, 30 Amendment No. 3. and Philadelphia Stock Exchange, Inc. The major CBOE and Janice Mitnick, SEC, on July 30, 1996. 31 Amendment No. 3. stock index futures exchanges (including the 41 See notes 16–18, supra, and accompanying 32 Amendment No. 1. Chicago Mercantile Exchange and the Chicago text. 33 Amendment No. 3. Board of Trade) joined the ISG as affiliate members 42 Securities Exchange Act Release No. 30944 34 Amendment No. 1. in 1990. (July 28, 1992), 57 FR 33376. 50366 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

The Commission finds good cause for proposed rule change (SR–CBOE–96– I. Description of the Proposal approving the Amendments prior to the 43), as amended, is approved. The Exchange is proposing to amend thirtieth day after the date of For the Commission, by the Division of PSE Rule 6.87 to provide that only non- publication of notice of filing thereof in Market Regulation, pursuant to delegated broker-dealer customer orders are the Federal Register. Specifically, the authority.44 eligible for execution on the Exchange’s Amendments clarify issues related to [FR Doc. 96–24494 Filed 9–24–96; 8:45 am] Automatic Execution System (‘‘Auto- foreign securities, public float and BILLING CODE 8010±01±M Ex’’). This change codifies a long- suspension of trading of component standing policy of the Exchange to that securities. In addition, the Amendments effect. establish maintenance criteria and [Release No. 34±37695; File No. SR±PSE± 96±19] The Exchange is also proposing to provide that the CBOE will monitor the amend PSE Rule 6.52(a). Rule 6.52(a) Index, and will notify Commission staff Self-Regulatory Organizations; Order currently provides that no member shall in the event that certain Index Approving Proposed Rule Change and place, or permit to be placed, an order component levels fall below these Notice of Filing and Order Granting with an Order Book Official for an designated thresholds. The Commission Accelerated Approval of Amendment account in which such member or his believes that these monitoring No. 2 Thereto by the Pacific Stock organization, any other member or provisions ensure that the Index Exchange, Inc., Relating to Firm member organization, or any non- continues to be comprised of highly Quotes, Automatic Executions and member broker-dealer has an interest. capitalized, actively traded securities. In Orders That May Be Placed in the The Exchange is proposing to replace addition, the maintenance criteria will Options Public Limit Order Book that provision with one stating that only ensure that the Index does not become non-broker-dealer customer orders may dominated by one or a few securities. September 17, 1996. be placed with an Order Book Official Accordingly, the Commission believes it On June 14, 1996, the Pacific pursuant to Rule 6.52(a). is consistent with Sections 6(b)(5) and Exchange, Inc. (‘‘PSE’’ or ‘‘Exchange’’) The Exchange is also proposing to 19(b)(2) of the Act to find that good submitted to the Securities and amend its Minor Rule Plan so that it cause exists to approve the Exchange Commission (‘‘SEC’’ or includes the following rule violation: Amendments to the proposal on an ‘‘Commission’’), pursuant to Section ‘‘Entry of broker/dealer order for accelerated basis. 19(b)(1) of the Securities Exchange Act execution on Auto-Ex system. (Rule of 1934 (‘‘Act’’),1 and Rule 19b–4 6.87(a)).’’ The Exchange believes that III. Solicitation of Comments thereunder,2 a proposed rule change to violations of Rule 6.87(a) are easily modify its rules on firm quotes,3 verifiable and, therefore, are appropriate Interested persons are invited to automatic executions and orders that for inclusion in the Minor Rule Plan. submit written data, views, and may be placed in the Options Public The Exchange is also proposing to arguments concerning the Amendments. Limit Order Book (‘‘Book’’) in order to modify its Recommended Fine Schedule Persons making written submissions clarify the scope of these rules. The under the Minor Rule plan as follows: should file six copies thereof with the Exchange also proposed to modify its First, the current recommended fine for Secretary, Securities and Exchange Minor Rule Plan and Recommended a member who fails to honor a Commission, 450 Fifth Street, NW., Fine Scheduled relating to violations of guaranteed market as required by Rule Washington, DC 20549. Copies of the these rules. On June 26, 1996, the 6.86(a) is $250 for a first violation, $500 submission, all subsequent Exchange filed Amendment No. 1 to the for a second violation and $750 for a amendments, all written statements proposal.4 Notice of the proposed rule third violation. The Exchange is with respect to the proposed rule change and Amendment No. 1 was proposing to increase these fines to change that are filed with the published for comment and appeared in $500, $1,500 and $3,000 for a first, Commission, and all written the Federal Register on July 19, 1996.5 second or third-time violation, communications relating to the No comment letters were received on respectively.7 proposed rule change between the the proposal. On August 28, 1996, the Second, the recommended fine for a Commission and any person, other than PSE filed Amendment No. 2 to the member who fails to identify an order those that may be withheld from the proposed rule change.6 This order as for a broker-dealer is currently $250 public in accordance with the approves the PSE proposal as amended. for a first violation, $500 for a second provisions of 5 U.S.C. § 552, will be violation and $750 for a third violation. available for inspection and copying in 44 17 CFR § 200.30–3(a)(12). The Exchange is proposing to raise these the Commission’s Public Reference 1 15 U.S.C. 78s(b)(1). fines to $500, $1,500 and $3,000 for Room. Copies of such filing will also be 2 17 CFR 240.19b–4. first, second and third-time violations, available for inspection and copying at 3 As a result of Amendment No. 2, no changes are respectively. the principal office of the CBOE. All proposed to PSE’s firm quote rule (Rule 6.86). The Third, the Exchange is proposing to submissions should refer to File No. Recommended Fine Schedule pursuant to Rule 10.13, however, is proposed to be revised for establish fines of $500, $1,500 and $300 SR–CBOE–96–43 and should be violations of Rule 6.86. See note 6, infra. submitted by October 16, 1996. 4 In Amendment No. 1, the Exchange corrects a for purposes of Rule 6.86 and 6.87. The Exchange technical error in the number of items in the Minor also included a technical amendment to Rule 10.13 IV. Conclusion Rule Plan (PSE Rule 10.13) and Recommended Fine (‘‘Minor Rule Plan’’) and the Recommended Fine Schedule. See letter from Michael D. Pierson, Schedule pursuant thereto. See Letter from Michael For the reasons discussed above, the Senior Attorney, Regulatory Policy, PSE, to James D. Pierson, Senior Attorney, Regulatory Policy, PSE, Commission finds that the amended T. McHale, Attorney, Office of Market Supervision to James T. McHale, Attorney, OMS, Division, proposal is consistent with the Act, and, (‘‘OMS’’), Division of Market Regulation Commission, dated August 27, 1996 (‘‘Amendment (‘‘Division’’), Commission, dated June 26, 1996 in particular, Section 6 of the Act. No. 2’’). (‘‘Amendment No. 1’’). 7 Fines for multiple violations of Options Floor It therefore is ordered, pursuant to 5 See Securities Exchange Act Release No. 37434 Decorum and Minor Trading Rules are calculated Section 19(b)(2) of the Act,43 that the (July 12, 1996), 61 FR 37785 (July 19, 1996). on a running two-year basis. For a discussion of the 6 In Amendment No. 2 the Exchange withdraws Exchange’s Recommended Fine Schedule, see that portion of the filing which would have defined Securities Exchange Act Release No. 34322 (July 6, 43 15 U.S.C. § 78s(b)(2). ‘‘broker-dealer’’ to include ‘‘foreign broker-dealers’’ 1994), 50 FR 35958 (July 14, 1994). Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50367 for first, second and third-time organizations for minor rule violations is consistent with Sections 6(b)(5), violations of the restriction against that warrant a sanction more severe than 6(b)(6), and 19(b)(2) 14 of the Act. entering broker-dealer orders for a warning or cautionary letter, but for III. Solicitation of Comments execution on the Auto-Ex system. which a full disciplinary proceeding would be unsuitable because such a Interested persons are invited to II. Discussion proceeding would be costly and time- submit written data, views, and The Commission finds that the consuming in view of the minor nature arguments concerning Amendment No. proposed rule changes are consistent of the violation.11 The Commission 2. Persons making written submissions with the requirements of the Act and the believes that violations of Rule 6.87(a) should file six copies thereof with the rules and regulations thereunder are objective and easily verifiable, Secretary, Securities and Exchange applicable to a national securities thereby lending themselves to the use of Commission, 450 Fifth Street, N.W., exchange, and, in particular, the expedited proceedings. Washington, D.C. 20549. Copies of the requirements of Sections 6(b)(5) and Specifically, the entering of a broker- submission, all subsequent 6(b)(6)8 in that they are designed to dealer order on Auto-Ex may be amendments, all written statements facilitate transactions in securities, determined objectively and adjudicated with respect to the proposed rule promote just and equitable principles of quickly without complicated factual and change that are filed with the trade, protect investors and the public interpretive inquiries.12 Commission, and all written interest, and provide for the appropriate Finally, the Commission believes that communications relating to the disciplining of the PSE’s members. the proposed changes to the proposed rule change between the Specifically, the Commission finds that Recommended Fine Schedule are Commission and any person, other than limiting execution of options orders consistent with the Act. The fine level those that may be withheld from the through Auto-Ex to non-broker-dealer increases will enhance the Exchange’s public in accordance with the customers is appropriate and consistent ability to enforce compliance with its provisions of 5 U.S.C. 552, will be with the Act. Automatic execution rules through the appropriate discipline available for inspection and copying in systems such as Auto-Ex were of members and member organizations the Commission’s Public Reference developed, in part, to aid public in a manner that is proportionate to the Section, 450 Fifth Street, N.W., customers by providing nearly minor nature of such violations. Washington, D.C. 20549. Copies of such instantaneous execution of small orders Further, the Exchange has represented filing will also be available for at a guaranteed price.9 The rule change that its membership will be informed of inspection and copying at the principal codifies PSE’s existing policy regarding the amended Recommended Fine office of the PSE. All submissions those market participants that may Schedule via a Rule Adoption Notice.13 should refer to the File No. SR–PSE–96– utilize Auto-Ex and is consistent with The Commission finds good cause for 19 and should be submitted by October the policies of several of the other approving Amendment No. 2 to the 16, 1996. optional markets, which currently limit proposal prior to the thirtieth day after It therefore is ordered, pursuant to the availability of their respective the date of publication of the notices of Section 19(b)(2) of the Act,15 that the automatic execution systems to non- filing thereof in the Federal Register. proposed rule change (SR–PSE–96–19) broker-dealer customer orders.10 Specifically, Amendment No. 2 is approved. With regard to the change to Rule withdraws that portion of the filing For the Commission, by the Division of 6.52(a) the Commission finds that this is which would have defined ‘‘broker- Market Regulation, pursuant to delegated also consistent with the Act. The dealer’’ to include ‘‘foreign broker- authority.16 Exchange has represented that the dealers’’ for purposes of Rules 6.86 and Margaret H. McFarland, change is merely to conform the 6.87. The term ‘‘foreign broker-dealers’’ Deputy Secretary. language in Rule 6.52(a) with that of was not defined in the original proposal. [FR Doc. 96–24491 Filed 9–24–96; 8:45 am] Rule 6.86(a) and proposed Rule 6.87(a). Deletion of the term is therefore BILLING CODE 8010±01±M The Commission finds that the change appropriate, absent objective standards in the language of the rule makes no necessary to ensure the fair enforcement substantive change with regard to the of the affected rules. Therefore, by [Release No. 34±37694; File No. SR-Phlx± determination of those orders that may eliminating a potential ambiguity in the 95±19] be placed with an Order Book Official, Rules 6.86 and 6.87, Amendment No. 2 and should help to avoid confusion Self-Regulatory Organizations; Notice strengthens the proposal. The other of Filing of Amendments No. 2, 3, and concerning the applicability of the Rule. change made by Amendment No. 2 is Additionally, the Commission 4 to Proposed Rule Change by the technical and non-substantive in nature. Philadelphia Stock Exchange, Inc., believes that including violations of Based on the above, the Commission Rule 6.87(a) in the Exchange’s Minor Relating to the Listing and Trading of finds good cause for approving DIVS, OWLS and RISKS Rule Plan (‘‘MRP’’) is consistent with Amendment No. 2 to the proposed rule the Act. The Commission has previously change on an accelerated basis and September 17, 1996. found that the Exchange’s MRP provides believes that the proposal, as amended, Pursuant to Section 19(b)(1) of the fair procedures for appropriately Securities Exchange Act of 1934 disciplining members and member 11 See Securities Exchange Act Release No. 32510 (‘‘Act’’), 15 U.S.C. § 78s(b)(1), notice is (June 24, 1993), 58 FR 35491 (July 1, 1993). hereby given that on May 8, 1995, the 8 15 U.S.C. 78f(b) (5) and (6). 12 If the Exchange determines that a violation of Philadelphia Stock Exchange, Inc. 9 See Securities Exchange Act Release No. 25995 Rule 6.87(a) is not minor in nature, the Exchange (August 15, 1988), 53 FR 31781 (August 19, 1988) retains the discretion to initiate full disciplinary (‘‘Phlx’’ or ‘‘Exchange’’) filed with the (order approving changes to the Chicago Board proceedings in accordance with PSE Rule 10.3. Securities and Exchange Commission Options Exchange’s (‘‘CBOE’’) Retail Automatic Indeed, the Commission fully expects the PSE to (‘‘Commission’’) the proposed rule Execution System). bring full disciplinary proceedings in appropriate change as described in Items I, II and III 10 See e.g. CBOE Rule 6.8, and Securities cases. Exchange Act Release No. 37429 (July 12, 1986) 13 Telephone conversation between Michael D. (order approving proposed rule change by the Pierson, Senior Attorney, Regulatory Policy, PSE, 14 15 U.S.C. 78s(b)(2). American Stock Exchange, Inc. relating to and James T. McHale, Attorney, OMS, Division, 15 15 U.S.C. 78s(b)(2). ‘‘unbundling’’ of Auto-Ex orders). Commission, on September 5, 1996. 16 17 CFR 200.30–3(a)(12). 50368 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices below, which Items have been prepared order to prevent rounding problems that the Options Clearing Corporation by the self-regulatory organization. On may occur at settlement, the Exchange (‘‘OCC’’).4 July 12, 1996, Phlx submitted proposes to have the DIVS, OWLS and 4. Customer Margin: Phlx originally Amendment No. 1 (‘‘Amendment No. RISKS each represent 100 shares of the proposed equity margin for all positions 1’’) to the proposal to address various underlying security. For example, a in DORS. In Amendment No. 1, Phlx issues.1 Notice of the proposal and purchaser of one DIVS contract would proposed options margin requirements Amendment No. 1 appeared in the own the right to receive substitute for RISKS positions and equity margin Federal Register on August 28, 1995.2 payments in the same amount as the for positions in OWLS and DIVS. In No comments were received on the regular dividends declared and paid on addition, Phlx proposed the use of proposal. On May 30, August 22, and 100 shares of the underlying common escrow receipts or letters of guarantee in September 9, 1996, Phlx submitted stock. lieu of margin. Finally, Amendment No. Amendments No. 2, 3, and 4 to the 2. Position Limits: The Exchange 1 also introduced the use of spread proposal, respectively, to address, originally proposed to adopt a position margin treatment for certain positions in among other things, issues related to limit of 1 million each of DIVS, OWLS DORs. In Amendment No. 2, Phlx spread margin and position limits.3 The and RISKS and would not have required proposed that boths OWLS and RISKS commission is publishing this notice to aggregation with options positions be margined as options (DIVS remain solicit comments on the Amendments pursuant to new Rule 1001D. In subject to equity margin). Accordingly, from interested persons. Amendment No. 2, the Exchange the full value of the purchase price of an OWLS or RISKS must be paid at the I. Self-Regulatory Organization’s proposed that the greater of a holder’s OWLS or RISKS positions be aggregated time of purchase. The minimum margin Statement of the Terms of Substance of required for any short position would be the Proposed Rule Change with option positions on the underlying security and have the same position 100% of the OWLS or RISKS current Phlx proposes to amend its limiting limit as that set for the options on the market price plus 20% of the market standards applicable to the trading of underlying security. In Amendment No. value of the OWLS or RISKS except that DIVS, OWLS and RISKS (‘‘DIVS, OWLS 3, Phlx now proposes to aggregate all the maximum margin for a short OWLS and RISKS’’ or ‘‘DORs’’). The text of the positions in OWLS and RISKS with put position shall not exceed its termination Amendments are available at the Office and call options on the same side of the claim. In Amendment No. 3, however, of the Secretary, Phlx and at the market on the same underlying security. Phlx proposes two spread margin Commission. According to Phlx, since an OWLS or exceptions to this general rule. First, under proposed Rule II. Self-Regulatory Organization’s RISKS position to the holder is a bullish 1022D(C)(4)(A), if a customer has a short Statement of the Purpose of, and position, the Exchange proposes that OWLS position and as long OWLS Statutory Basis for, the Proposed Rule long OWLS and RISKS be aggregated position which expires on or before the Change with long call and short put positions in termination date of the short position, the related class of equity options. In its filing with the Commission, the Phlx proposes to treat the positions Similarly, since the Exchange believes Phlx included statements concerning exactly like an options spread. that OWLS and RISKS, from the the purpose of and basis for the Accordingly, the margin requirement position of the seller is a bearish proposed rule change and discussed any will be the lesser or the uncovered position, short OWLS and RISKS will be comments it received on the proposed margin requirement or the amount, if aggregated with short call and long put rule change. The text of these statements any, by which the termination claim of positions in the related class of equity may be examined at the places specified the short position exceeds the options. in Item IV below. The Phlx has prepared termination claim of the long position. summaries, set forth in Sections A, B, Because the DIVS positions only Similarly, pursuant to subparagraph and C below, of the most significant entitle holders to a substitute dividend (a)(B), the margin requirement for a aspects of such statements. stream and not actual control of the short RISKS position and a long RISKS underlying stock, the Exchange position which expires after the A. Self-Regulatory Organization’s proposes that the position limit for DIVS Statement of the Purpose of, and termination date of the short position be equal to the position limit on the would be the lesser of the uncovered Statutory Basis for, the Proposed Rule same class of options pursuant to Rule Change margin requirement or the amount by 1001, however, they would not be which the termination claim of the long Phlx proposes to amend its DORs aggregated with positions in those position exceeds the termination claim filing in the following respects: options or with positions in OWLS and of the short position.5 1. Contract Size: Phlx originally RISKS on that same underlying security. Second, under Rule 1022D(c)(5)(A), proposed that one DIVS, OWLS or As an example, a customer could hold Phlx proposes to treat covered OWLS or RISKS contract represent an interest in 25,000 XON DIVS in addition to a RISKS short positions similar to the one share of the underlying security. In combined total of 25,000 OWLS, RISKS method in which covered call positions or equity options on XON on the same are treated in Rule 722(c)(2)(F). 1Letter from Michele R. Weisbaum, Associate side of the market. General Counsel, Phlx, to; Sharon Lawson, SEC, Accordingly, if a customer holds a short dated June 30, 1996. 3. Adjustments: Phlx originally OWLS or RISKS position and a long 2Securities Exchange Act Release No. 36127 (Aug. proposed a specific scheme for adjusting position in the underlying security or 18, 1995), 60 FR 44533. DIVS, OWLS and RISKS positions for one exchangeable or convertible into the 3Letters from Michele R. Weisbaum, Phlx, to: stock splits, stock dividends, underlying security (excluding Sharon Lawson, SEC, dated May 30, 1996 liquidating, special or partial liquidating (‘‘Amendment No. 2’’) and August 21, 1996 warrants), no margin will be required on (‘‘Amendment No. 3’’); and Stephen Youhn, SEC, dividends, spin-offs, mergers, rights the short position provided the long dated September 6, 1996 (‘‘Amendment No. 4’’ offerings and tender offers. Phlx now position is margined in accord with together with Amendments No. 2 and 3, proposes to withdraw those sections of Rule 722 and the long position expires ‘‘Amendments’’). In Amendment No. 3, Phlx the filing. Adjustments to the products responds to issues raised by the SEC’s review of Amendment No. 2. Amendment No. 4 addresses for all corporate and other actions will 4 See Amendment No. 2. strike price intervals for the products. be made in accordance with the rules of 5 See Amendment No. 3. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50369 after the termination date of the short prevent fraudulent and manipulative For the Commission, by the Division of OWLS or RISKS position.6 acts and practices and to promote just Market Regulation, pursuant to delegated Also under proposed Rule and equitable principle of trade, and are authority.11 1022D(c)(5), the margin requirement for not designed to permit unfair Margaret H. McFarland, a short OWLS or RISKS position which discrimination between customers, Deputy Secretary. is covered by a long warrant convertible issuers, brokers, and dealers. [FR Doc. 96–24492 Filed 9–24–96; 8:45 am] into an equivalent number of shares of BILLING CODE 8010±01±M the underlying security, will be the B. Self-Regulatory Organization’s lesser of the uncovered margin Statement on Burden on Competition requirement or the amount by which the The Exchange does not believe the DEPARTMENT OF TRANSPORTATION conversion price of the long warrant proposed Amendments will impose any exceeds the termination claim of the burden on competition. Office of the Secretary short OWLS or RISKS provided the right C. Self-Regulatory Organization’s to convert the warrant does not expire Reports, Forms and Recordkeeping Statement on Comments on the Requirements, Agency Information on or before the termination date of the Proposed Rule Change Received From 7 Collection Activity Under OMB Review short OWLS or RISKS. Members, Participants or Others Phlx believes the sum of the prices for The Exchange has neither solicited AGENCY: Department of Transportation an OWLS and RISKS position on the (DOT). same underlying stock should nor received written comments on the ACTION: approximate the price of the underlying proposed Amendments. Notice. stock (less the value of the DIVS III. Date of Effectiveness of the SUMMARY: In compliance with the component). Accordingly, Phlx Proposed Rule Change and Timing for Paperwork Reduction Act (44 U.S.C. proposes that a long stock position be Commission Action 3501 et seq.), this notice announces that sufficient cover for both a shows OWLS the Information Collection Request (ICR) and a short RISKS position, provided Within 35 days of the publication of this notice in the Federal Register or abstracted below has been forwarded to the OWLS and RISKS have the same the Office of Management and Budget strike price and expiration date. within such longer period (i) as the Commission may designate up to 90 (OMB) for review and comment. The Phlx proposes that DIVS margin will ICR describes the nature of the be the same as it is for stock. The margin days of such date if its finds such longer period to be appropriate and publishes information collection and its burden. requirement will be 25% of the market The Federal Register Notice with a 60- value of all long positions plus 30% of its reasons for so finding or (ii) as to which the self-regulatory organization day comment period soliciting the market value of each short position comments on the following collection of in a customer’s account. Where a short consents, the Commission will: (A) by order approve the proposed information was published on July 3, DIVS position is covered by a long 1996 [FR 61, page 34921–34922]. position in the underlying security or rule change, or (B) institute proceedings to determine DATES: Comments must be submitted on any other security immediately whether the proposed rule change or before October 25, 1996. exchangeable or convertible (other than should be disapproved. FOR FURTHER INFORMATION CONTACT: warrants) into the security, the margin Ms. Judith Street, Federal Aviation on the short DIVSs position will be 10% IV. Solicitation of Comments Administration, Corporate Information of the market value of the long securities Interested persons are invited to 8 Division, ABC–100, 800 Independence position. submit written data, views and Finally, because OCC cannot yet Ave., SW., (202) 267–9895, Washington, arguments concerning the Amendments. DC 20591. facilitate escrow receipts or letters of Persons making written submissions guarantee for these products, Phlx should file six copies thereof with the SUPPLEMENTARY INFORMATION: proposes to withdraw all corresponding 9 Secretary, Securities and Exchange Federal Aviation Administration (FAA) provisions as they relate to DORs. Commission, 450 Fifth Street, N.W., 5. Strike Price Intervals: The Phlx Title: Anti-Drug Program for Washington, D.C. 20549. Copies of the proposes to amend proposed new Rule Personnel Engaged in Specified submission, all subsequent 1012D in order to address strike price Aviation Activities. amendments, all written statements intervals for DORs. Specially, Phlx Type of Request: Extension of a with respect to the proposed rule proposes that DORs not be subject to the currently approved collection. change that are filed with the strike price interval, bid/ask differential OMB Control Number: 2120–0535. Commission, and all written and continuity rules respecting put and Form Number: 9000–2. communications relating to the call options until the time to expiration Affected Public: Specified aviation proposed rule change between the is less than nine months. Phlx employers. Commission and any person, other than Abstract: Federal Aviation represents that this treatment is those that may be withheld from the Regulations require specified aviation consistent with the rules for trading public in accordance with the employers to implement and conduct long-term equity and index options.10 provisions of 5 U.S.C. § 552, will be The Exchange believes the proposed FAA-Approved anti-drug plans. They available for inspection and copying at Amendments are consistent with monitor program compliance, institute the Commission’s Public Reference Section 6(b) of the Act in general and program improvements, and anticipate Section, 450 Fifth Street, N.W., furthers the objectives of Section 6(b)(5) program problem areas. The FAA Washington, D.C. 20549. Copies of such in particular in that they are designed to receives drug test reports from the filing will also be available for aviation industry. More detailed and 6 Id. inspection and copying at the principal specific information is necessary to 7 Id. office of the Phlx. All submissions effectively manage the anti-drug 8 See Amendment No. 1. should refer to File No. SR–Phlx–95–19 program. 9 See Amendment No. 3. and should be submitted October 16, 10 See Amendment No. 4. 1996. 11 17 CFR 200.30–3(a)(12) (1994). 50370 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

Estimated Annual Burden: The total Seventh Street, S.W., Washington, D.C. February 24–27, 1997 annual burden is 35,369.5 hours. 20590, (202) 366–2337. Meeting of Experts on Noise (GRB), ADDRESSES: Send comments to the Dated: September 19, 1996. Twenty-Sixth Session—Geneva, Office of Information and Regulatory Charles A. Hunnicutt, Switzerland. Affairs, Office of Management and Assistant Secretary for Aviation and March 10, 1997 Budget, 725–17th Street, NW, International Affairs. Washington, DC 20503, Attention OST [FR Doc. 96–24575 Filed 9–24–96; 8:45 am] Administrative Committee for the Desk Officer. BILLING CODE 4910±62±P Coordination of Work of WP29 (AC.2), Comments are Invited on: whether the Sixty-Third Session—Geneva, proposed collection of information is Switzerland. necessary for the proper performance of National Highway Traffic Safety March 11–14, 1997 the functions of the Department, Administration including whether the information will Working Party on the Construction of have practical utility; the accuracy of International Harmonization of Safety Vehicles (WP–29), Hundred and the Department’s estimate of the burden Standards; Calendar of Meetings Eleventh Session—Geneva, Switzerland. of the proposed information collection; AGENCY: National Highway Traffic March 24–28, 1997 ways to enhance the quality, utility and Safety Administration (NHTSA), DOT. Meeting of Experts on Lighting and clarity of the information to be ACTION: Notice of meetings. Light-Signalling (GRE), Thirty-Eighth collected; and ways to minimize the Session—Geneva, Switzerland. burden of the collection of information SUMMARY: The NHTSA will continue its on respondents, including the use of participation during this year in the April 7–11, 1997 automated collection techniques or international meetings to harmonize the Meeting of Experts on General Safety other forms of information technology. United States and foreign motor vehicle Provisions (GRSG), Seventy-Second Issued in Washington, DC, on September safety standards. These meetings will be Session—Geneva, Switzerland. 18, 1996. conducted by the Working Party on the May 12–16, 1997 Phillip A. Leach, Construction of Vehicles (WP29) under the Inland Transport Committee of the Clearance Officer, United States Department Meeting of Experts on Passive Safety of Transportation. United Nations’ Economic Commission (GRSP), Twenty-First Session—Geneva, for Europe (ECE), and by the six [FR Doc. 96–24476 Filed 9–24–96; 8:45 am] Switzerland. Meetings of Experts (formerly called BILLING CODE 4910±62±P Groups of Rapporteurs) of WP29. The June 9–12, 1997 NHTSA currently represents the United Meeting of Experts on Pollution and Application of Vision Air, Inc., for New States in all of the Meetings of Experts Energy (GRPE), Thirty-Fourth Session— Certificate Authority except those on Pollution and Noise. Geneva, Switzerland. DATES: For a list of scheduled meetings, June 23, 1997 AGENCY: Department of Transportation. see the Supplementary Information Administrative Committee for the ACTION: Notice of order to show cause section of this Notice. Inquiries or (Order 96–9–29) Dockets OST–96–1185. comments related to specific meetings Coordination of Work of WP29 (AC.2), are welcome but should be made at least Sixty-Fourth Session—Geneva, SUMMARY: The Department of two weeks preceding that meeting. Switzerland. Transportation is directing all interested FOR FURTHER INFORMATION CONTACT: June 24–27, 1997 persons to show cause why it should Francis J. Turpin, Office of International Working Party on the Construction of not issue an order (1) finding Vision Air, Harmonization (NOA–05), National Vehicles (WP–29), Hundred and Inc., fit, willing, and able, and (2) Highway Traffic Safety Administration, Twelfth Session—Geneva, Switzerland. awarding it a certificate of public 400 Seventh Street, S.W., Washington, convenience and necessity to engage in DC. 20590 (202–366–2114). September 1–3, 1997 foreign scheduled air transportation of SUPPLEMENTARY INFORMATION: This Meeting of Experts on Brakes and persons, property, and mail between a calendar consists of those ECE meetings Running Gear (GRRF), Forty-Second point or points in the United States, on currently scheduled. It is published for Session—Geneva, Switzerland. the one hand, and London, through information and planning purposes and Stansted Airport, on the other hand. the meeting dates and places are subject September 4–5, 1997 DATES: Persons wishing to file to change. In fact, they are subject to Meeting of Experts on Noise (GRB), objections should do so no later than confirmation by the Inland Transport Twenty-Seventh Session—Geneva, October 4, 1996. Committee at its January 1997 meeting. Switzerland. NHTSA attendance at these meetings ADDRESSES: Objections and answers to October 6–10, 1997 objections should be filed in Docket will be affected by agenda content, OST–96–1185 and addressed to the priorities and availability of travel Meeting of Experts on Lighting and Documentary Services Division (C–55, funds. Light-Signalling (GRE), Thirty-Ninth Session—Geneva, Switzerland. Room PL–401), U.S. Department of January 13–15, 1997 Transportation, 400 Seventh Street, Meeting of Experts on Pollution and October 27–30, 1997 S.W., Washington, D.C. 20590 and Energy (GRPE), Thirty-Third—Geneva, Meeting of Experts on General Safety should be served upon the parties listed Switzerland. Provisions (GRSG), Seventy-Third in Attachment A to the order. Session—Geneva, Switzerland. FOR FURTHER INFORMATION CONTACT: Ms. February 3–7, 1997 Kathy Lusby Cooperstein, Air Carrier Meeting of Experts on Brakes and November 3, 1997 Fitness Division (X–56, Room 6401), Running Gear (GRRF), Forty-First— Administrative Committee for the U.S. Department of Transportation, 400 Geneva, Switzerland. Coordination of Work of WP29 (AC.2), Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50371

Sixty-Fifth Session—Geneva, SUPPLEMENTARY INFORMATION: Specifically, the petitioner claims that Switzerland. Background the non-U.S. certified 1995–1996 GMC and Chevrolet Suburbans are identical November 4–7, 1997 Under 49 U.S.C. § 30141(a)(1)(A), a to their U.S. certified counterparts with motor vehicle that was not originally Working Party on the Construction of respect to compliance with Standard manufactured to conform to all Vehicles (WP–29), Hundred and Nos. 101 Controls and Displays, 102 applicable Federal motor vehicle safety Thirteenth Session—Geneva, Transmission Shift Lever Sequence standards shall be refused admission Switzerland. ***, 103 Defrosting and Defogging into the United States unless NHTSA Systems, 104 Windshield Wiping and December 1–4, 1997 has decided that the motor vehicle is Washing Systems, 105 Hydraulic substantially similar to a motor vehicle Meeting of Experts on Passive Safety Brake Systems, 106 Brake Hoses, 107 originally manufactured for importation Reflecting Surfaces, 111 Rearview (GRSP), Twenty-Second Session— into and sale in the United States, Geneva, Switzerland. Mirrors, 113 Hood Latch Systems, 116 certified under 49 U.S.C. § 30115, and of Brake Fluid, 118 Power-Operated Issued on September 19, 1996. the same model year as the model of the Francis J. Turpin, Window Systems, 124 Accelerator motor vehicle to be compared, and is Control Systems, 201 Occupant Director, International Harmonization. capable of being readily altered to Protection in Interior Impact, 202 [FR Doc. 96–24514 Filed 9–24–96; 8:45 am] conform to all applicable Federal motor Head Restraints, 203 Impact BILLING CODE 4910±59±P vehicle safety standards. Protection for the Driver From the Petitions for eligibility decisions may Steering Control System, 204 Steering be submitted by either manufacturers or Control Rearward Displacement, 205 [Docket No. 96±099; Notice 1] importers who have registered with Glazing Materials, 206 Door Locks and NHTSA pursuant to 49 CFR Part 592. As Door Retention Components, 207 Notice of Receipt of Petition for specified in 49 CFR 593.7, NHTSA Seating Systems, 208 Occupant Crash Decision That Nonconforming 1995± publishes notice in the Federal Register Protection, 209 Seat Belt Assemblies, 1996 GMC and Chevrolet Suburban of each petition that it receives, and 210 Seat Belt Assembly Anchorages, Multipurpose Passenger Vehicles Are affords interested persons an 211 Wheel Nuts, Wheel Discs and Eligible for Importation opportunity to comment on the petition. Hubcaps, 212 Windshield Retention, At the close of the comment period, 216 Roof Crush Resistance, 219 AGENCY: National Highway Traffic NHTSA decides, on the basis of the Windshield Zone Intrusion, 301 Fuel Safety Administration, DOT. petition and any comments that it has System Integrity, and 302 received, whether the vehicle is eligible ACTION: Notice of receipt of petition for Flammability of Interior Materials. for importation. The agency then decision that nonconforming 1995–1996 Additionally, the petitioner states that publishes this decision in the Federal GMC and Chevrolet Suburban the bumpers on the non-U.S. certified Register. 1995–1996 GMC and Chevrolet multipurpose passenger vehicles LPC of New York Inc. of (MPVs) are eligible for importation. Suburbans comply with the Bumper Ronkonkoma, New York (‘‘LPC’’) Standard found in 49 CFR Part 581. (Registered Importer 96–100) has SUMMARY: This notice announces receipt Petitioner also contends that the petitioned NHTSA to decide whether by the National Highway Traffic Safety vehicles are capable of being readily 1995–1996 GMC and Chevrolet Administration (NHTSA) of a petition altered to meet the following standards, Suburban MPVs are eligible for for a decision that 1995–1996 GMC and in the manner indicated: importation into the United States. The Chevrolet Suburban MPVs that were not Standard No. 108 Lamps, Reflective vehicles which LPC believes are originally manufactured to comply with Devices and Associated Equipment: substantially similar are 1995–1996 all applicable Federal motor vehicle installation of a high mounted stop GMC and Chevrolet Suburban MPVs safety standards are eligible for lamp. that were manufactured for sale in the Standard No. 114 Theft Protection: importation into the United States United States and certified by their installation of a warning buzzer because (1) they are substantially manufacturer, General Motors microswitch and a warning buzzer in similar to vehicles that was originally Corporation, as conforming to all the steering lock electrical circuit. manufactured for sale in the United applicable Federal motor vehicle safety Standard No. 115 Vehicle States and that were certified by their standards. Identification Number: installation of a manufacturer as complying with the The petitioner claims that it carefully VIN plate that can be read from outside safety standards, and (2) they are compared the non-U.S. certified 1995– the left windshield pillar, and a VIN capable of being readily altered to 1996 GMC and Chevrolet Suburbans to reference label on the edge of the door conform to the standards. their U.S. certified counterparts, and or latch post nearest the driver. DATES: The closing date for comments found those vehicles to be substantially Interested persons are invited to on the petition is October 25, 1996. similar with respect to compliance with submit comments on the petition most Federal motor vehicle safety described above. Comments should refer ADDRESSES: Comments should refer to standards. to the docket number and be submitted the docket number and notice number, LPC submitted information with its to: Docket Section, National Highway and be submitted to: Docket Section, petition intended to demonstrate that Traffic Safety Administration, Room Room 5109, National Highway Traffic the non-U.S. certified 1995–1996 GMC 5109, 400 Seventh Street, SW., Safety Administration, 400 Seventh St., and Chevrolet Suburbans, as originally Washington, DC 20590. It is requested SW., Washington, DC 20590. [Docket manufactured, conform to many Federal but not required that 10 copies be hours are from 9:30 a.m. to 4 p.m.] motor vehicle safety standards in the submitted. FOR FURTHER INFORMATION CONTACT: same manner as their U.S. certified All comments received before the George Entwistle, Office of Vehicle counterparts, or are capable of being close of business on the closing date Safety Compliance, NHTSA (202–366– readily altered to conform to those indicated above will be considered, and 5306). standards. will be available for examination in the 50372 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices docket at the above address both before vehicle rather than by driver and/or environmental causes that tend to and after that date. To the extent environmental factors. obscure vehicle causes. The petitioner’s possible, comments filed after the This petition did not provide any regression analysis does not overcome closing date will also be considered. significant new evidence that bears on this difficulty. In fact, previous Notice of final action on the petition the issue of whether a safety-related investigations demonstrate that many of will be published in the Federal defect exists in the Samurai. The only the rollovers which have occurred Register pursuant to the authority ‘‘new’’ information presented in the appear to have involved adverse driver indicated below. petition was the allegation that the and environmental factors such as high Samurai 4x4 convertible sport utility Authority: 49 U.S.C. 30141(a)(1)(A) and risk driving maneuvers, drinking, (b)(1); 49 CFR 593.8; delegations of authority vehicles cannot safely carry the number ambient light, vehicle/road familiarity, at 49 CFR 1.50 and 501.8. of occupants for which it has seats etc. Issued on: September 19, 1996. without affecting its propensity to roll Although the rollover crash over in a fatal crash. involvement rate of the Samurai is no Marilynne Jacobs, The petitioner asserted that the cause Director, Office of Vehicle Safety Compliance. worse than that of most other light of the subject vehicle’s apparent utility vehicles, it is significantly higher [FR Doc. 96–24515 Filed 9–24–96; 8:45 am] disproportionate involvement in single- than most passenger vehicles. In a BILLING CODE 4910±59±P vehicle rollover-initiated fatal crashes is notice of the denial of a petition for the very low roll stability and the high rulemaking (52 FR 49037, December 29, ratio of the occupants’ mass to the Denial of Motor Vehicle Defect Petition 1987), NHTSA stated that while the vehicle mass, especially when the agency recognized the existence of a This notice sets forth the reasons for Samurai is loaded with passengers. This higher rollover rate in light utility the denial of a petition submitted to conclusion relies heavily on a statistical vehicles, there was no basis for regression analysis which shows that NHTSA under 49 U.S.C. § 30162 for the proceeding with rulemaking based on the Suzuki Samurai 4x4 convertible has agency to commence a proceeding to stability factors alone because of the a higher percentage of identified friction determine the existence of a defect importance of other vehicle factors, the rollovers in fatal, single-vehicle crashes related to motor vehicle safety. lack of predictiveness of the stability as the number of its occupants On February 28, 1996, Mr. R.A. factor for vehicle rollover involvement, increases. The petitioner further and statutory limitations that may Whitfield of Crownsville, Maryland, concluded that additional control submitted a petition asking NHTSA to preclude standards that have the effect variables such as roadway speed limit, of eliminating classes of motor vehicles. determine whether the Suzuki Samurai driver age, and pavement condition are 4x4 convertible sport utility vehicle Similarly, the stability factor distinction not statistically significant. does not appear to be an appropriate contains a safety-related defect. The Contrary to the petitioner’s analysis, basis on which to conduct a defect petition describes the alleged defect in the Samurai has a track width to center investigation analysis. this vehicle as a particular vulnerability of gravity ratio higher than that of most to untripped or ‘‘friction’’ rollovers that other light sports utility vehicles. This After reviewing the petition and its do not require tripping of the vehicle ratio has been demonstrated to have a supporting materials, as well as (e.g. from an impact between the wheels fundamental effect on the rollover information furnished by Suzuki and and a curb) to initiate the roll, but propensity of vehicles. within the agency—s possession from instead occur in tight turns or crash Those vehicles with higher ratios tend previous rulemaking proceedings and avoidance maneuvers and result from to have lower rollover propensity. There other actions, NHTSA has concluded the lateral drag of friction generated by is also evidence that the subject vehicle that further investigation of the Suzuki the tires and the roadway surface. The has a lower sensitivity to mass ratio Samurai—s rollover propensity is not petitioner attributed this untripped than many other sport utility vehicles. likely to lead to a decision that the rollover vulnerability to what he Vehicles with a higher sensitivity to vehicle contains a safety-related defect characterized as the vehicle’s very low mass ratio demonstrate an increased and that a further commitment of roll stability and light weight, as well as propensity for rollover with the addition agency resources on this matter is not to the high ratio of the occupants’ mass of mass that raises their center of warranted. The agency has accordingly to the vehicle mass, especially when the gravity. denied the petition. Samurai is loaded with passengers. Based on a statistical analysis, the Authority: 49 U.S.C. 30162 (d); delegations Additionally, the petitioner asked petitioner stated that more than 5,000 of authority at CFR 1.50 and 501.8. NHTSA to determine whether the persons were occupants in Suzuki Issued on: September 19, 1996. vehicle can safely carry passengers up to Samurai light utility vehicles that rolled Michael B. Brownlee, its claimed gross vehicle weight rating. over in single-vehicle crashes during Associate Administrator for Safety In 1988, the agency investigated the 1988–1993 and more than 1,700 of these Assurance. alleged rollover propensity of the occupants were injured. He also stated [FR Doc. 96–24574 Filed 9–24–96; 8:45 am] Suzuki Samurai and two variants of this that 46 percent of all Suzuki Samurai BILLING CODE 4910±59±P vehicle, the SJ410 and LJ80, in response crashes in 1992–1993 were untripped to two petitions (DP88–011 and DP88– rollover crashes. These are not actual 019). In the course of this investigation, numbers but estimates based on a very Surface Transportation Board NHTSA conducted its own vehicle small sample size, which neglect many testing and analyzed a large body of unknown variables, especially the [STB Ex Parte No. 290 (Sub No. 5) (96± data, including accident and test data of driver and environmental factors. 4)] these and other vehicles. However, Moreover, one must always exercise NHTSA did not decide that the Samurai great caution in the use of public Quarterly Rail Cost Adjustment Factor vehicles contained a safety-related reported accident statistics in evaluating AGENCY: Surface Transportation Board. defect, largely because the information alleged defects, such as that addressed ACTION: Approval of rail cost adjustment available did not show that the rollover in this petition. These statistics are factor. accidents were caused by a defect in the heavily influenced by driver and Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50373

SUMMARY: The Board has approved a By the Board, Chairman Morgan, Vice wage survey data, local committee fourth quarter 1996 rail cost adjustment Chairman Simmons, and Commissioner reports and recommendations, statistical factor (RCAF) and cost index filed by Owen. analyses, and proposed wage schedules. Vernon A. Williams, the Association of American Railroads. All portions of the meetings will be The fourth quarter RCAF (Unadjusted) Secretary. closed to the public because the matters is 1.092. The fourth quarter RCAF [FR Doc. 96–24564 Filed 9–24–96; 8:45 am] considered are related solely to the (Adjusted) is 0.768, an increase of 0.3% BILLING CODE 4915±00±P internal personnel rules and practices of from the third quarter 1996 RCAF the Department of Veterans Affairs and (Adjusted). because the wage survey data EFFECTIVE DATE: October 1, 1996. DEPARTMENT OF VETERANS considered by the Committee have been FOR FURTHER INFORMATION CONTACT: H. AFFAIRS obtained from officials of private Jeff Warren, (202) 927–6243. TDD for business establishments with a the hearing impaired: (202) 927–5721. Wage Committee, Notice of Meetings guarantee that the data will be held in SUPPLEMENTARY INFORMATION: The Department of Veterans Affairs confidence. Closure of the meetings is in Additional information is contained in (VA), in accordance with Pub. L. 92– accordance with subsection 10(d) of the Board’s decision. To purchase a 463, gives notice that meetings of the Pub. L. 92–463, as amended by Pub. L. copy of the full decision write to, call, VA Wage Committee will be held on: 94–409, and as cited in 5 U.S.C. 552b(c) (2) and (4). or pick up in person from: DC NEWS & Wednesday, October 9, 1996, at 2:00 p.m. DATA, INC., Room 2229, 1201 Wednesday, October 23, 1996, at 2:00 p.m. However, members of the public are Constitution Avenue, N.W., Wednesday, November 6, 1996, at 2:00 p.m. invited to submit material in writing to Washington, DC 20423, or telephone Wednesday, November 20, 1996, at 2:00 p.m. the Chairperson for the Committee’s (202) 289–4357. [Assistance for the Wednesday, December 4, 1996, at 2:00 p.m. attention. Wednesday, December 18, 1996, at 2:00 p.m. hearing impaired is available through Additional information concerning TDD services (202) 927–5721.] The meetings will be held in Room these meetings may be obtained from This action will not significantly 246, Department of Veterans Affairs the Chairperson, VA Wage Committee affect either the quality of the human Central Office, 810 Vermont Avenue, (05), 810 Vermont Avenue, NW., environment or energy conservation. NW, Washington, DC 20420. Washington, DC 20420. Pursuant to 5 U.S.C. 605(b), we The Committee’s purpose is to advise Dated: September 18, 1996. conclude that our action will not have the Under Secretary for Health on the a significant economic impact on a development and authorization of wage By Direction of the Secretary. substantial number of small entities schedules for Federal Wage System Eugene A. Brickhouse, within the meaning of the Regulatory (blue-collar) employees. Committee Management Officer. Flexibility Act. At these meetings the Committee will [FR Doc. 96–24520 Filed 9–24–96; 8:45 am] Decided: September 19, 1996. consider wage survey specifications, BILLING CODE 8320±01±M federal register September 25,1996 Wednesday Services CenterinEastTexas;Notice Funding AvailabilityfortheFairHousing Development Housing andUrban Department of Part II 50375 50376 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

DEPARTMENT OF HOUSING AND FURTHER INFORMATION CONTACT: Gerald J. desegregation plans and the plan URBAN DEVELOPMENT Benoit, Director, Operations Division, amendments and required HUD to fund Office of Rental Assistance, Department the FHSC. [Docket No. FR±4127±N±01] of Housing and Urban Development, The following is an outline of the Office of the Assistant Secretary for Room 4220, 451 Seventh Street, SW, activities of the FHSC (bidders should Public and Indian Housing; Notice of Washington, DC 20410–8000, telephone refer to the attached RFP for details of Funding Availability for the Fair number (202) 708–0477 (this is not a the activities and responsibilities of the Housing Services Center in East Texas toll-free number). For hearing- and FHSC): speech-impaired persons, this number 1. Familiarity with all relevant HUD AGENCY: Office of the Assistant may be accessed via TTY (text regulations; Secretary for Public and Indian telephone) by calling the Federal 2. Outreach to landlords and Housing, HUD. Information Relay Service at 1–800– assistance with exception rents; 3. Prescreening services; ACTION: Notice of Funding Availability 877–8339. 4. Counseling services and other (NOFA) for the Fair Housing Services SUPPLEMENTARY INFORMATION: social services support; Center (FHSC) in East Texas. Request for Proposals 5. Responsibilities to Class members SUMMARY: This NOFA announces the who receive a desegregative voucher/ All information related to the RFP is availability of funds and HUD’s request certificate; available in Appendix A to this Notice. for proposals to establish a Fair Housing 6. FHSC encouragement and Appendix A has been approved by the Services Center in East Texas to be assistance to class members to make Court under the terms of the Final administered by a non-profit desegregative moves; Judgment and Decree as identified 7. Information provided to Class organization (NPO). HUD will award to, above and therefore is the only members; and enter into a grant agreement with, document potential bidders should use 8. Quarterly and Annual Performance an NPO to administer the FHSC as to determine the requirements of the Reports; and required by the Final Judgment and RFP. 9. Respond to Information Requests Decree (Final Judgment) in Lucille from HUD. Young v. Cisneros, CA No. P–80–8–CA, Background Bidders must respond to the (E.D. Tex.; dated March 30, 1995). HUD The plaintiffs, African-American requirements of the RFP attached to this has been ordered to provide $500,000 residents of public housing in East NOFA and HUD encourages bidders to per year for a period of at least five years Texas, filed suit in 1980 alleging that refer to the RFP for all appropriate to fund the FHSC to be located in HUD had knowingly maintained a information concerning the Fair Beaumont, Texas, with branch offices system of segregated housing in a 36- Housing Services Center. within the 36 county area that county area of East Texas, in violation Other Matters constitutes East Texas, and one mobile of the U.S. Constitution and various office unit to provide services to remote civil rights laws. The plaintiffs Environmental Impact locations throughout East Texas. contended that there was segregation in Appendix A to this Notice is a copy of In accordance with 40 CFR 1508.4 of HUD-supported low income public the regulations of the Council on the Request for Proposals (RFP) and housing, Section 8 Existing Housing and Program Guidelines as approved by the Environmental Quality and 24 CFR other HUD-assisted multifamily housing 50.20(o)(1) of the HUD regulations, the Court. All information relating to the programs. RFP is included in the RFP. policies and procedures contained in In 1982, the U.S. District Court for the this notice relate only to the provision DATES: The proposal deadline for the Eastern District of Texas certified a class of information services whose content Fair Housing Services Center NOFA is consisting of all African-American does not constitute a development October 25, 1996, 3:00 p.m., applicants for and residents of HUD- decision nor affect the physical Washington, DC time. funded public housing, Section 8 condition of project areas or building The above-stated proposal deadline is housing and other assisted housing sites, and therefore, are categorically firm as to date and hour. In the interest programs in the 36-county area. In 1985, excluded from the requirements of the of fairness to all competing NPOs, HUD the court issued a liability decision National Environmental Policy Act. will treat as ineligible for consideration finding that HUD had knowingly and any proposal that is not received before continually maintained a system of Federalism Impact the proposal deadline. Applicants segregated housing in the 36-county The General Counsel, as the should take this practice into account area. Designated Official under section 6(a) of and make early submission of their In 1987, while an appeal was Executive Order 12612, Federalism, has materials to avoid any risk of loss of pending, HUD and the plaintiffs reached determined that the policies contained eligibility brought about by an agreement to limit the scope of the in this notice will not have substantial unanticipated delays or other delivery- case and the class of plaintiffs. In 1988, direct effects on States or their political related problems. HUD will not accept, the court appointed a special master and subdivisions, or the relationship at any time during the NOFA issued an interim injunction which between the Federal Government and competition, proposal materials sent via compelled HUD to require each of the the States, or on the distribution of facsimile (FAX) transmission. 70 housing agencies to implement race- power and responsibilities among the ADDRESSES: The original and nine conscious Tenant Selection and various levels of government. As a complete copies of the proposal should Assignment Plans and to provide all result, the notice is not subject to review be submitted by the deadline to Mr. class members a series of notices of under the Order. This notice is a Gerald J. Benoit, Director, Operations desegregative opportunities in all HUD- funding notice and does not Division, Office of Rental Assistance, assisted housing in East Texas. On substantially alter the established roles Department of Housing and Urban March 30, 1995, U.S. District Judge of the Department, the States, and local Development, Room 4220, 451 Seventh William Wayne Justice issued the Final governments, including Public Housing Street, SW, Washington, DC 20410. Judgment that approved the Agencies. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50377

Impact on the Family specific program questions, such as applicants for and residents of public The General Counsel, as the whether particular subject matter can be housing throughout the seventy (70) Designated Official under Executive discussed with persons outside the Public Housing Authorities (‘‘PHAs’’) Order 12606, The Family, has Department, should contact the located in the 36-county jurisdiction of determined that this notice does not appropriate Field Office Counsel or the Young Final Judgment. The specific have potential for significant impact on Headquarters counsel for the program to responsibilities of the FHSC are family formation, maintenance, and which the question pertains. enumerated in the Scope of Work general well-being within the meaning Prohibition Against Lobbying Activities below, in the Final Judgment (copy of the Executive Order and, thus, is not attached), and the original desegregation The use of funds awarded under this plans and the plan amendments subject to review under the Order. This NOFA is subject to the disclosure is a funding notice and does not alter approved by the Court. The Final requirements and prohibitions of Judgment is the document that controls program requirements concerning section 319 of the Department of Interior family eligibility. the activities of the FHSC. The FHSC is and Related Agencies Appropriations bound by the terms of the Final Section 102 of the HUD Reform Act: Act for Fiscal Year 1990 (31 U.S.C. Judgment and final desegregation plans Documentation and Public Access 1352) (the ‘‘Byrd Amendment’’) and the (as determined by the Court). Requirements implementing regulations at 24 CFR part The U.S. Department of Housing and 87. These authorities prohibit recipients HUD will ensure that documentation Urban Development (‘‘HUD’’) will of Federal contracts, grants, or loans and other information regarding each award to and enter into a contract with from using appropriated funds for proposal submitted pursuant to this an NPO. HUD’s Beaumont Staff Office lobbying the Executive or Legislative NOFA are sufficient to indicate the basis will monitor performance. The term of Branches of the Federal Government in upon which assistance was provided or the contract shall be for one year, connection with specific contract, grant, denied. This material, including any renewable in one year increments for at or loan. The prohibition also covers the letters of support, will be made least five years. The renewal of the awarding of contracts, grants, available for public inspection for a five- contract is contingent upon the FHSC’s cooperative agreements, or loans unless year period beginning not less than 30 ability in meeting the conditions set the recipient has made an acceptable calendar days after the award of the forth in Section B, ‘‘Scope of Work’’ certification regarding lobbying. Under assistance. Material will be made below, and in complying with the Final 24 CFR part 87, applicants, recipients, available in accordance with the Judgment. HUD shall provide $500,000 and subrecipients of assistance Freedom of Information Act (5 U.S.C. for the activities of the FHSC for each exceeding $100,000 must certify that no 552) and HUD’s implementing year of operation, and a total of 1,000 Federal funds have been or will be spent regulations at 24 CFR part 15. In Section 8 rental assistance vouchers on lobbying activities in connection addition, HUD will include the and/or certificates (excluding with the assistance. IHAs established by recipients of assistance pursuant to this incremental and turnovers) to be used an Indian tribe as a result of the exercise NOFA in its Federal Register notice of toward HUD’s obligation to provide of the tribe’s sovereign power are all recipients of HUD assistance 5,134 desegregative housing excluded from coverage of the Byrd awarded on a competitive basis. opportunities to Young class members. Amendment, but IHAs established Section 103 of the HUD Reform Act under State law are not excluded from The housing opportunity counseling the statute’s coverage. funds will be provided to the FHSC Section 103 of the Department of through HUD’s contract administrator. Housing and Urban Development Dated: September 18, 1996. HUD will award the 1,000 desegregation Reform Act of 1989 (42 U.S.C. 3537a) Kevin Emanuel Marchman, vouchers/certificates to PHAs that have (Reform Act) and HUD’s implementing Acting Assistant Secretary for Public and jurisdiction in the areas where the regulation codified as 24 CFR part 4, Indian Housing. Young class members move. The PHAs subpart B, applies to the funding that are awarded these vouchers/ Appendix A—Request for Proposals competition announced today. These certificates are herein called ‘‘receiving (RFP) and Program Guidelines for requirements continue to apply until the PHA(s)’’. announcement of the selection of Establishing a Fair Housing Services successful applicants. Center (FHSC) in East Texas DATES: Deadline for proposals: HUD employees involved in the This is a request for proposals to Proposals must be received by 3 P.M., review of applications and in the establish a FHSC in East Texas to be Washington DC time, on October 25, making of funding decisions are administered by a nonprofit 1996. Proposals received after this restrained by these requirements from organization (‘‘NPO’’) as required by the deadline will not be eligible for providing advance information to any Final Judgment and Decree in (‘‘Final consideration. Faxed documents will person (other than an authorized Judgment’’) Lucille Young v. Cisneros, not be accepted, nor will documents be employee of HUD) concerning funding CA No. P–80–8–CA, (E.D. Tex.; dated accepted that are postmarked after decisions, or from otherwise giving any March 30, 1995). HUD has been ordered October 25, 1996. It is the responsibility applicant an unfair competitive to provide $500,000 per year for a of all applicants to ensure that their advantage. Persons who apply for period of at least five years to fund a proposal is received by the above assistance in this competition should FHSC for East Texas to be located in deadline. confine their inquiries to the subject Beaumont, Texas, with several branch ADDRESSES: The original and nine areas permitted under these offices within the 36-county area that complete copies of the proposal should requirements. constitutes East Texas, and one mobile be submitted by the deadline to Mr. Applicants or employees who have office unit to provide services to remote Gerald J. Benoit, Director, Operations ethics-related questions should contact locations throughout East Texas. The Division, Office of Rental Assistance, the HUD Office of Ethics (202) 708–3815 funding will provide for a variety of Department of Housing and Urban (TTY/Voice) (this is not a toll-free services designed to facilitate Development, Room 4220, 451 Seventh number). Any HUD employee who has desegregative moves of class member Street, SW., Washington, DC 20410. 50378 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

CONTACTS FOR FURTHER INFORMATION: For public housing in the 36-county area. B. Activities of the FHSC general information, interested The Young class thus consists of all 1. The FHSC must become familiar nonprofit organizations should African-American residents of, or with all relevant HUD regulations (e.g., contact—Gerald J. Benoit, Director, applicants for, public housing in the 36- those governing Section 8 assistance, Operations Division, Office of Rental county area. public housing, assisted housing, and In 1988, the court appointed a special Assistance, Department of Housing and Fair Housing), the Final Judgment and master and issued an interim injunction, Urban Development, Room 4220, 451 applicable individual desegregation which, among other things, compelled Seventh Street, SW., Washington, DC plans. The FHSC shall order and/or HUD to require each of the 70 PHAs to 20410–8000, telephone number (202) approve all issuances by the receiving implement race-conscious Tenant 708–0477 (this is not a toll-free PHA of Section 8 vouchers or Selection and Assignment Plans and to number). For hearing- and speech- certificates to class members or others provide all class members a series of impaired persons, this number may be pursuant to the Final Judgment Decree, accessed via TTY (text telephone) by notices of desegregative opportunities in all HUD-assisted housing in East Texas. § II. calling the Federal Information Relay 2. Outreach to landlords and Service at 1–800–877–8339. After settlement discussions between HUD and the plaintiffs proved assistance with exception rents. The The following sections of this RFP FHSC shall encourage and assist in the are: unsuccessful in 1990, the court issued an Order for Further Relief, dated development of desegregative housing I. Scope of Work opportunities, including outreach to A. Background and Objectives September 9, 1990, which required, among other things, that HUD develop private landlords in non-minority areas B. Activities of the FHSC for the purpose of encouraging them to C. Administrative Requirements desegregation plans or assertions of unitary status for each of the 70 PHAs. participate in the Section 8 existing D. Monitoring program, as well as counseling and II. Contents of Proposal The court ordered HUD, in developing each plan, to provide for the referral services to Section 8 existing A. Eligible Applicant housing tenants and applicants who B. Description of Activities and Costs equalization of conditions between predominantly African-American wish to utilize their Section 8 C. Deficient Applications for FHSC certificates or housing vouchers in a III. Factors for Award projects and the conditions in the projects and neighborhoods where the manner furthering desegregation A. Evaluating Rating Factors pursuant to ¶ IV.5.d. of the Final B. Certification majority of white HUD-assisted housing recipients resided. Judgment. C. Cost Factor The FHSC, along with the PHAs, shall D. Contract Award By June 1991, HUD had submitted desegregation plans or unitary status monitor rents in desegregative housing I. Scope of Work assertions for all 70 PHAs to the court opportunity areas every six months to determine whether such rents are A. Background and Objectives for approval. Although the court did not rule as to the adequacy of the plans and adversely affecting housing The plaintiffs in Young, African- unitary status assertions at that point, opportunities. If so, the FHSC shall take American residents of public housing in HUD began to implement the such steps as are necessary to overcome East Texas, filed this action in 1980, desegregation plans. In October 1993, this adverse affect, including by alleging that HUD had knowingly after further analysis, HUD withdrew its requesting that HUD consider granting maintained a system of segregated submission of the plans and assertions exception rents for certificates or housing in a 36-county area of East after having determined that they did payment standards for vouchers, Texas, in violation of the U.S. not fully or adequately address the pursuant to the Court’s 1990 Order for Constitution and various civil rights requirements of the September 1990 Further Relief, if such exception rents or laws. The plaintiffs contended that there Order. payment standards would increase the was segregation in HUD-supported low HUD filed revised plans on February availability of desegregative housing income Public Housing, Section 8 8, 1994, along with the East Texas opportunities for class members. Existing Housing Program, and other Comprehensive Desegregation Plan 3. Prescreening services. The FHSC HUD-assisted multifamily programs (Comprehensive Plan). The shall prescreen all clients of the FHSC (including HUD-insured housing). Comprehensive Plan reinstituted the who have not already been screened by While there are presently 70 individual original plans filed in 1990–91, but the receiving PHA, to document each public housing authorities (‘‘PHAs’’) in amended them to provide for further client’s ability and willingness to the 36-county area, none of the PHAs actions, and replaced all unitary status comply with an acceptable lease and are included in the lawsuit as parties. assertions with new desegregation plans HUD program requirements pursuant to In 1982, the U.S. District Court for the (asserting that none of the 70 PHAs had, ¶ IV.5.a. of the Final Judgment. Eastern District of Texas (‘‘Court’’) as of yet, attained unitary status). 4. Counseling services and other certified a class consisting of all The Comprehensive Plan filed in social services support. Pursuant to African-American applicants for and February 1994 called for the creation of ¶ IV.5.b. of the Final Judgment, the residents of HUD-funded public 1,000 desegregative housing FHSC shall provide counseling services housing, Section 8 housing and other opportunities for class members over a designed to provide information and assisted housing programs in the 36- five-year period. In May 1994, after counseling with respect to class county area. further analysis, HUD agreed to provide members including the following: In 1985, the court issued a liability for the creation of 5,134 desegregative inform applicants of desegregative decision, finding that HUD had opportunities within seven years. On housing opportunities; provide offers knowingly and continually maintained March 30, 1995, U.S. District Judge and/or referral to such housing a system of segregated housing in the William Wayne Justice issued the Final opportunities; assist applicants in taking 36-county area. In 1987, while an appeal Judgment, that approved the original advantage of those opportunities; and was pending, HUD and the plaintiffs desegregation plans and the plan help them overcome obstacles inherent reached an agreement to limit the scope amendments and required HUD to fund in desegregative moves. In addition, the of the case and class of plaintiffs to the FHSC. FHSC will: provide escort assistance to Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50379 available units; provide post-move certificates are for the exclusive use of the location of the rejected unit and support services; provide information class members. Certificates or vouchers evidence of its availability. about educational and economic obtained by receiving PHAs from other (4) If, after 120 days, an alternative opportunities; arrange home visits; and East Texas § 8 programs through housing opportunity has not been found communicate information about the turnover, recapture, or otherwise, may for the class member, the class member positive features of neighborhoods be provided to non-class members when may opt to hold the certificate for up to where there is housing that represents required by HUD under subparagraph c sixty additional days and to search for desegregative housing opportunities as below. housing on her or his own without defined in the Final Judgment. b. Award and Turn-in of restriction as to location. 5. Class members who receive a Desegregative certificates. Class HUD will provide the FHSC with the desegregative voucher/certificate. Under members who initially receive a name and address of every non-class the Final Judgment and Decree, HUD desegregative voucher/certificate will member who is to receive a § 8 voucher/ will provide to class members 5,134 have 120 days within which to enter certificate as a result of the desegregative housing opportunities, into a lease for a unit of desegregative implementation of the Affirmative over a seven-year period. The actual housing as defined, or, if the FHSC has Action Waiting List. The FHSC must placement of a total of 40 class members failed to offer a unit within that time, instruct the receiving PHA to issue a § 8 in Alba (1), Corrigan (2), Fruitvale (2), until a desegregative offer is in fact existing housing voucher/certificate to Kirbyville (8), Mount Pleasant (22), received. At the expiration of 120 days, the non-class member applicant who Talco (2), and Trinidad (3) is also if an offer and if a lease has not been held the highest position on the waiting required under the Final Judgment. Two entered, the applicant has the option of list and who would otherwise have been hundred desegregative vouchers/ continuing to search for housing with offered an available public housing unit certificates will be provided in the first no restrictions as to locations for an but for the advancement of a class year of the FHSC’s operation, and 200 additional sixty days. However, should member to the head of the waiting list per year thereafter for the following five the class member locate in a minority for that unit under the Affirmative years. The class members who receive neighborhood, this will not count Action Waiting List. d. Priority of Offers. The FHSC will one of the desegregative vouchers/ toward HUD’S obligation to create 5,134 offer the desegregative certificates to certificates will be required to use their desegregative housing opportunities. At class members according to the vouchers/certificates in rental housing the end of the sixty-day period, the following priority: (1) To class members that constitutes a desegregative certificate would revert to the receiving opportunity as defined in the Final residing in predominantly African PHA unless it grants an extension. American low-rent public housing Judgment. The FHSC will provide to the c. Special procedures for Affirmative class members who receive a projects; (2) to class members who are Action Waiting List Initiatives. HUD desegregative voucher/certificate on a waiting list for low-rent public shall provide to the FHSC the name and counseling services and other forms of housing as of March 30, 1995; (3) to address of every class member applicant assistance, as necessary, to aid them in class members who apply for low-rent who is to be offered a certificate and locating desegregative housing. public housing subsequent to the date of Pursuant to ¶ IV.5.g. of the Final counseling as an alternative to public March 30, 1995. Judgment and Decree, FHSC will give housing when a PHA uses an affirmative 6. The FHSC shall encourage and each class member written notice, every action waiting list procedure that has assist class members to make six months, in a form and distribution been approved by the Court to offer the desegregative moves within the low method to be approved by HUD, of all unit that would otherwise have been income housing program and to HUD-assisted and/or HUD-subsidized offered to the class member, to a white privately owned assisted housing low-income housing developments in applicant whose name is listed lower on programs pursuant to ¶ IV.5.e. of the the housing markets where the class the waiting list. Paragraph III of the Final Judgment. The FHSC shall member resides that offer the class Final Judgment is to be followed when develop and implement a plan to refer members a desegregative housing implementing the Affirmative Action class members, with or without the use opportunity, provide notice of the full Waiting List initiatives. When a class of § 8 certificates or vouchers, to address, telephone number, and name of member is offered a certificate or privately owned, HUD-assisted, or the person responsible for accepting voucher under these circumstances: FmHA housing located in areas which applications for the development, a (1) The class member is to be made an provide a desegregative housing short description of the type of housing offer of alternative housing within 60 opportunity. FHSC shall conduct offered by the development, and the days of the date on which the public outreach to the landlords and/or owners general eligibility requirements or the housing unit that is to be offered to a of all such HUD-assisted, or FmHA development. The FHSC will include in white applicant available for private housing providers located in the Notice to class members, assignment. areas which provide a desegregative information about the mobility program, (2) The class member must be opportunity and other § 8 existing and the opportunities available through provided the § 8 voucher or certificate agencies, to encourage participation in it. and an offer of a unit must be made the FHSC-developed referral plan. FHSC a. PHA Responsibilities. The receiving within 120 days from issuance of the shall monitor the performance of other PHAs will be awarded 1,000 certificate to the class member that § 8 existing agencies in the 36-county desegregation certificates and vouchers meets the requirements of VII.7 of the area in this regard, and shall also to be used toward HUD’s obligation to Final Judgment and must notify HUD develop a system to record all offers of provide 5,134 desegregative housing within one day if the applicant accepts an/or placements of class members in opportunities to Young class members; the offer; desegregative housing by other § 8 conduct the intake and initial eligibility (3) If the class member rejects the agencies in East Texas. determination of applicants; and offer of alternative housing, the FHSC 7. Information. The FHSC shall conduct any required Housing Quality must notify HUD within one day of the designate specific personnel to respond Standards (‘‘HQS’’) inspections of units. rejection, state the reason(s) for the to requests for information and requests The 1,000 desegregative vouchers/ rejection, and provide information as to for assistance from class members 50380 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices desiring to obtain a desegregative and recommendations for others who describe its experience with mobility housing opportunity as defined in the may wish to develop similar programs. activities. Final Judgment. The assistance to be D. Monitoring 3. Description of organizational provided shall include referrals of capacity. The NPO must submit a interested class members to public The FHSC shall monitor the narrative description of its capability housing developments, and to programs compliance of the providers of low- and capacity to handle a project of this other than low income public housing, income housing in the class action area scope. The narrative is to include a list that offer desegregative housing (low-income public housing and of current federally funded activities. opportunities in East Texas. assisted housing) with the fair housing The NPO should provide an 8. Quarterly Status and Annual laws and the requirements placed upon organizational chart of key personnel to Performance Report. The FHSC shall the providers under the comprehensive be involved in each activity under the provide quarterly status reports on plan and the individual desegregation agreement, and the percentage of time significant activities taken under the plans pursuant to ¶ IV.5.c. of the Final that they will devote to each activity. requirements of the Final Judgment and Judgment. The NPO should include resumes, Decree. HUD will file each report with II. Contents of Proposal references, or other documents that the court and serve it on plaintiffs’ show that key personnel have counsel within thirty days of the end of A. Eligible Applicant experience in the tasks described in the the quarter covered in the report. ‘‘Scope of Work’’, the Final Judgment The FHSC shall submit an annual The proposal must be submitted by an and Decree, and applicable individual report on their performance of their NPO and must include all information desegregation plans. If the NPO plans to obligations under the Final Judgment requested in this section. Any proposal utilize subcontractors, consultants or and Decree to the plaintiffs, with a copy submitted after the due date or that does other agents, it should provide the same to go to the court by April 30th of each not contain the required information information with respect to them. year. may be rejected. The NPO must submit 9. HUD’s Right to Request documentation as a part of the proposal 4. Management plan. A summary of a Information. The FHSC will collect and that verifies the ‘‘501(c)3’’ and/or management plan as described below, maintain the data necessary to monitor ‘‘501(c)4’’ (IRS Code) status, of the NPO particularly as the Plan pertains to the the program toward providing and its legal authority to operate evaluation factors set out in Section III. desegregative opportunities. This would throughout East Texas area. A. of this RFP, shall be submitted as include: (a) The number of class Corporate documents. The NPO shall part of each organization’s proposal. A members seeking desegregated housing provide a copy of its Articles of detailed narrative of a management plan opportunities; (b) the number of class Incorporation. to carry out the programs as outlined in members actually leasing units in non- B. Description of Activities and Costs the Final Judgment and Decree and this impacted neighborhoods; (c) the number RFP. This plan will be delivered to the and name of housing providers It is to an NPO’s advantage if it HUD Beaumont Staff Office within 15 recruited into the program; and (d) the describes its experiences, if any, as days after the agreement is awarded. number of class members assisted and requested in this section. In the case of The Plan will include a description of: number of hours staff members devoted a newly formed NPO, the NPO may (1) Each task and sub-task; (2) the to assisting families, and similar data as substitute a description of experience methodology to be used in HUD may require. The FHSC will and knowledge of its principal officers accomplishing each task and sub-task; comply with any informational requests and employees where a description of (3) internal financial management and from HUD that HUD, in its discretion, its own experience is requested below. oversight procedures and policies; (4) makes from time to time during the 1. Description of experience. The NPO when each task, sub-task and course of the program. must submit a narrative description of establishment of financial oversight its experience in assisting lower-income procedures will be accomplished; (5) C. Administrative Requirements families and/or African-Americans or staff and organization (including an The FHSC shall be required to adhere other minorities in the search for organizational flow-chart), including the to the following three administrative housing. The NPO should describe its staff-loading for each task and sub-task; requirements in performing work under working knowledge of HUD’s Section 8 (6) projected costs for each task and sub- this award: programs, as well as its Public Housing task by calendar quarter; (7) the support 1. Submission of quarterly progress and Assisted Housing programs. The that is expected to be required from reports detailing progress made in NPO should include a list of its projects HUD and its contract administrator; and fulfilling the tasks and sub-tasks in the over the last two years that are relevant (8) projected site and cost of office space approved Project Management Plan; to this procurement action. HUD and mobile unit, if applicable. The final 2. Distribution of an Evaluation reserves the right to request information management plan will then be Questionnaire to all persons, from any source so named. submitted by HUD to the Court for organizations, agencies, or other entitles 2. Knowledge of fair housing and approval. receiving services, participating, or mobility experience. The NPO must otherwise involved in this project and submit a narrative description of its C. Deficient Applications for FHSC submission of a ‘‘Customer Satisfaction knowledge of, and experience in A proposal will be deemed Report’’ semi-annually; assisting African-Americans with fair technically ineligible if: 3. Preparation of a final report in a housing as well as monitoring providers format suitable for information transfer, for violations of the fair housing laws. 1. It does not fully adhere to the exchange and dissemination to other The narrative should specifically guidelines established herein, including PHA’s communities, or other entities address the NPO’s knowledge of the budgetary requirements; interested in providing such services. rental market in racially non-impacted 2. The complete proposal is not The final report should detail the case areas and the barriers that limit access received by the deadline; study of East Texas Desegregation to that housing by lower-income 3. A comprehensive line item budget Counseling Project and provide insights minority persons. The NPO shall also is not included; Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50381

4. The project budget for costs conditions of the Final Judgment and HUD or plaintiffs’ counsel; any member charged against funds exceeds $500,000; Decree. (15) of his or her immediate family, his or or b. Degree of clarity and acceptability her partner, or organization which 5. Unsigned proposal or certification of the overall proposal and specific employs or is about to employ any of forms are submitted. methods, procedures and steps as the above has a financial or other outlined in the Management Plan. (10) interest in the NPO that is selected. III. Factors for Award B. Certification C. Cost Factor A. Evaluating Rating Factors Each application must contain an Cost will become relevant in the case HUD will use the following criteria to original and nine copies of the of a tie score in the technical part of the evaluate proposals received in response certifications identified below. Each evaluation, as stated under ‘‘Contract to this RFP. In all cases, the number of certification must be signed by the Chief Award’’ below. It is the goal of the Final points stated represents the maximum. Executive Officer of the applicant Judgment to provide high quality In the actual scoring, any given organization unless otherwise noted. services that will contribute application may receive less than the 1. Drug-free Workplace Certification. substantially to the desegregation of all maximum for each category, based on The non-profit must certify that it will federally assisted housing in East Texas. an evaluation of competing provide a drug-free workplace and It is expected that the costs of each task applications. comply with the drug-free workplace and sub-task will be addressed in the 1. Familiarity with housing mobility requirements at 24 CFR Part 24, Subpart proposal, including the costs for sub- counseling and HUD housing programs F. See attached certification for drug- contractors, etc. HUD reserves the right (30 points). free workplace. to reject any proposal that does not a. Demonstrated work experience 2. Certification regarding Lobbying adequately analyze costs. with fair housing mobility counseling of pursuant to Section 319 of the lower income and minority families. Department of the Interior D. Contract Award (10) Appropriation Act of 1989, generally Negotiations will be conducted with b. Demonstrated work experience prohibiting use of appropriated funds those NPOs whose proposals fall within with HUD’s Section 8 Public Housing or for lobbying. a competitive range from a technical privately owned assisted housing 3. Certification of no outstanding perspective. Award will be made to the programs. (10) violations of: Title VI of the Civil Rights most responsive NPO whose proposal is c. Demonstrated work experience in Act of 1964 (42 U.S.C. 2000d) and considered to be the most advantageous. coordinating resources and activities regulations pursuant thereto (24 CFR In the event two or more offerors are provided by a variety of government, part 1); the Fair Housing Act (42 U.S.C. considered technically equivalent, cost private sector agencies, and 3601–19); Executive Order 11063, as efficiency—i.e., the extent to which the organizations for providing housing amended by Executive Order 12892 and non-profit that has a plan that will and/or fair housing law enforcement HUD regulations (24 CFR part 107); accomplish the most desegregative support. (10) Section 504 of the Rehabilitation Act of placements of all kinds within the 2. Knowledge of fair housing and 1973 (29 U.S.C. 794) and regulations established financial parameters—will mobility experience (25). issued pursuant thereto (24 CFR part 8); be considered of primary importance. a. Demonstrated record of Title II of the Americans with E. Approval by HUD and Court Review participation in fair housing activities, Disabilities Act of 1990 (and applicable particularly with respect to low income regulations at 28 CFR Part 36); the Age Notwithstanding the foregoing, a families and racial or ethnic minorities Discrimination Act of 1975 (42 U.S.C. contract shall not be entered into for the and monitoring providers of low-income 6101–07) and regulations issued FHSC without the express written housing for violations of the fair pursuant thereto (24 CFR part 146); approval by HUD of the entity and housing laws. (10) Executive Order 11246 and all proposal selected, and of the contract b. Demonstrated knowledge of and regulations issued pursuant thereto (41 with such entity. The initial and any experience in mobility services for CFR Chapter 60–1); Section 3 of the subsequent HUD decisions to select an African-American tenants. (10) Housing and Urban Development Act of entity to contract with the NPO and the c. Experience in rental markets in the 1968 (12 U.S.C. 1701U) and regulations initial and any subsequent HUD racially non-impacted areas. (5) pursuant thereto (24 CFR part 135). approvals of the entity and proposal 3. Organizational capacity (20 points). 4. Conflicts of Interest. The nonprofit selected and of the contract with the a. Demonstrated capability and shall provide a statement which NPO are subject to judicial review by capacity of the non-profit organization describes all relevant facts concerning motion of the plaintiffs under ¶ IV.6. of to effectively manage a grant of this any past, present or currently planned the Final Judgment and Decree. scope. (10) interest (financial, contractual, Certification Regarding Drug-Free b. Demonstrated capability of the non- organizational, or otherwise) relating to Workplace Requirements (From 24 CFR profit’s key personnel, including the work to be performed which could 24, Appendix C) officers, employees, partners, present a possible conflict of interest subcontractors, consultants and other with respect to: (a) being able to render Instructions for Certification agents to accomplish the work impartial, technically sound, and 1. By signing and/or submitting this responsibilities of the FHSC. (10) objective assistance or advice; or (b) application or grant agreement, the 4. Quality of Proposal (25 points). being given an unfair competitive grantee is providing the certification set a. Extent to which the proposal advantage. The nonprofit shall describe out below. demonstrates an understanding of the its current and past relationship with 2. The certification set out below is a Final Judgment and Decree, the HUD as it relates to a possible conflict material representation of fact upon applicable individual desegregation of interest in carrying out the counseling which reliance was placed when the plans, and this RFP, and proposes a program. agency determined to award the grant. realistic approach to all the work Such conflict could arise when any If it is later determined that the grantee requirements that most nearly meet the employee, officer or agent of the PHA, knowingly rendered a false certification, 50382 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices or otherwise violates the requirements approved for such purposes by a Authority (‘‘PHA’’) submitted by the of the Drug-Free Workplace Act, the Federal, State, or local health, law Department of Housing and Urban agency, in addition to any other enforcement, or other appropriate Development (‘‘HUD’’) are hereby remedies available to the Federal agency; approved, subject to the modifications Government, may take action authorized (g) Making a good faith effort to contained in this judgment and decree. under the Drug-Free Workplace Act. continue to maintain a drug-free As used herein, ‘‘individual 3. For grantees other than individuals, workplace through implementation of desegregation plan’’or ‘‘desegregation Alternate I applies. paragraphs (a), (b), (c), (d), (e) and (f). plan’’ includes both the original, 4. For grantees who are individuals, B. The grantee shall insert in the individual desegregation plan filed by Alternate II applies. space provided below the site(s) for the HUD for a particular PHA and the performance of work done in individual plan amendment filed by Certification Regarding Drug-Free connection with the specific grant: Place HUD for that PHA. Within ninety days Workplace Requirements of Performance (Street address, city, from the issuance of this judgment and Alternate I county, state, zip code) decree HUD shall re-file the individual lllllllllllllllllllll desegregation plans, which shall fully A. The grantee certifies that it will lllllllllllllllllllll provide a drug-free workplace by: incorporate the amendments to such lllllllllllllllllllll (a) Publishing a statement notifying plans, in order that a fully integrated employees that the unlawful plan for each PHA will be on file. Alternate II 2. The desegregation plans shall be manufacture, distribution, dispensing, implemented and interpreted in a possession or use of a controlled The grantee certifies that, as a manner consistent with the applicable substance is prohibited in the grantee’s condition of the grant, he or she will not provisions of HUD’s East Texas workplace and specifying the actions engage in the unlawful manufacture, distribution, dispensing, possession or Comprehensive Desegregation Plan that will be taken against employees for (‘‘Comprehensive Plan’’) and with the violation of such prohibition; use of a controlled substance in conducting any activity with the grant. provisions of this judgment and decree. (b) Establishing a drug-free awareness HUD shall discharge all duties imposed program to inform employees about— In the United States District Court for upon HUD by the terms of the (1) The dangers of drug abuse in the the Eastern District of Texas Paris Comprehensive Plan and by the workplace; Division provisions of this judgment and decree. (2) The grantee’s policy of In the event of any inconsistency or maintaining a drug-free workplace; Lucille Young, et al., Plaintiffs, v. Henry G. Cisneros, et al., Defendants. [P–80–8–CA, conflict between the provisions of this (3) Any available drug counseling, Final Judgment] judgment and decree and the provisions rehabilitation, and employee assistance Final Judgment and Decree of either the Comprehensive Plan or the programs; and desegregation plans, the provisions of (4) The penalties that may be imposed In 1985, defendants in the above- this judgment and decree shall be upon employees for drug abuse entitled and numbered civil action were controlling. violations occurring in the workplace; found liable for knowingly and 3. All orders, including the interim (c) Making it a requirement that each continually maintaining a system of injunction previously issued in this employee to be engaged in the segregated housing in a thirty-six county action, shall be in full force until HUD performance of the grant be given a copy area of East Texas in violation of the attains unitary status, as defined in this of the statement required by paragraph constitutional and civil rights of a class judgment and decree, and judicial (a); of African-Americans. Young v. Pierce, supervision ends in accordance with (d) Notifying the employee in the 628 F. Supp. 1037 (E.D. Tex. 1985). An this judgment and decree. All previous statement required by paragraph (a) that, interim injunction issued in this action orders entered in this action shall be as a condition of employment under the in 1988. Young v. Pierce, 685 F. Supp. interpreted in a manner consistent with grant, the employee will— 986 (E.D. Tex. 1985). Such interim this judgment and decree. In the event (1) Abide by the terms of the injunction was amended by order of this of any inconsistency or conflict between statement; and court in 1990. Order for Further Relief, the provisions of this judgment and (2) Notify the employer of any September 10, 1990. After extensive decree and the provisions of any earlier criminal drug statute conviction for a briefing by the parties and a hearing on order, the provisions of this judgment violation occurring in the workplace no the plaintiffs’ motion for final remedy, and decree shall be controlling. later than five days after such it is 4. All provisions of this judgment and conviction; Ordered, Adjudged, and Decreed that decree shall require, or be construed as (e) Notifying the agency within ten the Honorable Henry G. Cisneros, as requiring, compliance with federal days after receiving notice under Secretary of the Department of Housing statutes as they now exist, or as they subparagraph (d)(2) from an employee and Urban Development (‘‘HUD’’), his may be amended or enacted. or otherwise receiving actual notice of officers, agents, servants, employees, such conviction; successors, and all persons in active I. Physical Improvement to Projects and (f) Taking one of the following concert or participation with them shall Neighborhoods actions, within 30 days of receiving be, and are hereby, Permanently 1. Financial assistance for physical notice under subparagraph (d)(2), with Enjoined, either directly, or through improvements specified in the respect to any employee who is so contractual or other arrangements, to desegregation plans shall be provided convicted— take the actions necessary to effectuate by HUD or, in the case of neighborhood (1) Taking appropriate personnel the relief decreed by the provisions of improvements receiving financial action against such an employee, up to this Final Judgment and Decree, as assistance under the Community and including termination; or follows: Development Block Grant Small Cities (2) Requiring such employee to 1. The individual desegregation plans Program (‘‘CDBG Small Cities participate satisfactorily in a drug abuse and the individual desegregation plan Program’’), by the State of Texas, within assistance or rehabilitation program amendments for each Public Housing seven years of the date of this judgment Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50383 and decree. The review and approval also contain a preliminary cost estimate predominately African-American non- process for applications for financial for the required work. All such elderly family units include carpeting if assistance shall be conducted in memoranda of understanding shall be a historically and predominately white accordance with all applicable laws and entered into by the PHAs and their non-elderly family unit includes regulations, including the rules respective municipalities no later than carpeting. Moreover, both projects shall governing competitive programs, where July 1, 1995. All such memoranda of be staffed with maintenance personnel appropriate. understanding shall be submitted for the in equal numbers or such numbers as 2. Each such physical improvement approval of the court. Upon approval by necessary to maintain the premises in shall be completed as soon as is feasible the court, the memorandum of substantially similar condition. and practicable after approval and understanding between a PHA and a funding and, in no event, shall the time municipality shall define the full extent II. Creation of Desegregated Housing period for the completion of any such of the obligation to correct or upgrade Opportunities physical improvement exceed a period neighborhood conditions in that PHA 1. Within seven years from the date of of three years from the date upon which and in that municipality. this judgment and decree, HUD shall the application is approved and funded. 6. In approving applications for the create a total of 5,134 desegregated With respect to neighborhood funding of physical improvements, or housing opportunities for elderly and improvements being carried out by a the provision of amenities, to low-rent non-elderly class members in non- municipal government with financial public housing projects in the class minority census blocks in the class assistance under the Community action area, HUD shall, to the extent action area. Desegregated housing Development Block Grant Program consistent with applicable statutory and opportunities shall be offered, first, to (‘‘CDBG program’’), it shall be the regulatory requirements, give priority to class members residing in responsibility of HUD to take all the funding of applications for making predominately African-American low- appropriate actions within HUD’s such improvements, or providing such rent public housing projects, second, to control to obtain completion of those improvements, to racially identifiable class members who are on a waiting list neighborhood improvements within the African-American projects, i.e., low-rent for low-rent public housing as of the time periods specified herein. public housing projects in which date of this judgment and decree, and, 3. If any municipal government fails seventy-five percent (75%) or more of third, to class members who apply for to take an action necessary to complete the residents are African-Americans. low-rent public housing subsequent to the neighborhood improvements 7. The amended individual the date of this judgment and decree. specified in the PHA’s desegregation desegregation plans require, and the 2. a. The term ‘‘non-minority census plan, HUD shall take appropriate action comprehensive plan contemplates, block’’ is defined in accordance with the in accordance with the regulations certain physical improvements which 1 governing the CDBG program. These include, inter alia, the provision of air ‘‘ ⁄4 mile radius’’ methodology described actions may include (i) enforcement conditioning equipment, laundry in the report of the East Texas mechanisms available to HUD under its facilities, community centers, and Demographic and Mapping Analysis obligation affirmatively to further fair playgrounds. Plaintiffs additionally seek conducted by George Galster of the housing and (ii) causing the PHA to the provision of carpeting, dishwashers, Urban Institute under a contract with institute against the municipal a utility allowance to account for the HUD (Defendants’ Exhibit 116). A given government enforcement based on the reasonable use of air conditioning, and census block shall be regarded as a non- municipality’s violation of the garbage disposals in predominately and minority census block, if the area cooperation agreement between the historically African-American projects. consisting of the given census block, PHA and the municipality. Moreover, plaintiffs identify other plus all census blocks within the PHA 4. If any PHA fails to take an action conditions present at predominately and jurisdiction whose centroids lie within 1 necessary to complete the physical historically African-American projects a ⁄4 mile radius of the centroid of the improvements specified in the PHA’s that are not present at the historically given census block (i) has a percentage desegregation plan, HUD shall take and predominantly white projects, of white population of more than eighty appropriate enforcement action against including inadequate security and percent (80%), or (ii) has a percentage the PHA. These actions may include one maintenance. of white population greater than 100%, or more of the actions described in the HUD shall satisfy the obligations of minus the PHA jurisdiction’s overall Comprehensive Plan at p. 20 for dealing the individual desegregation plans as percentage of African-American with the failure of a PHA to follow its they pertain to amenities and services. population. desegregation plan. In addition to those amenities and b. Notwithstanding subsection II.2.a., 5. Where HUD has required services required by the individual a census block will not be regarded as improvement of neighborhood desegregation plans, HUD shall provide a non-minority census block, if (i) more conditions as part of the desegregation the amenities and services available in than fifty percent (50%) of the African- remedy for a PHA, HUD shall cause that any of the historically and Americans living in the area described PHA and the responsible municipality predominantly white projects at the by the 1⁄4 mile radius methodology are to enter into a memorandum of historically and predominately African- concentrated in individual census understanding under which the American projects of like or similar kind blocks with more than eighty percent municipality agrees to carry out the within the PHA. The amenities and (80%) African-American population, or required neighborhood improvements. services required at the non-elderly (ii) the population of the area described Each such memorandum of family units at historically and by the 1⁄4 mile methodology is more understanding shall identify the predominately African-American than forty percent (40%) African- neighborhood conditions to be corrected projects in a given PHA are to be American or (iii) geographic, or upgraded and describe the work to be determined by evaluating the demographic, or social factors, done in carrying out such correction or historically and predominately white including proximity to racially upgrading. If such work requires non-elderly family units within the impacted areas or isolation from funding under the CDBG Program, the same PHA. For example, HUD must population centers or community memorandum of understanding shall ensure that the historically and services, indicate that the census block 50384 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices should be regarded to be in a racially class member’s certificate or voucher for a housing development assisted or impacted area. the rental of a housing unit. subsidized by the Farmers Home 3. To the maximum extent feasible d. The housing unit offered by the Administration, where (i) the housing and practicable, HUD shall, through the willing landlord is located in a non- unit is located in any non-minority use of tenant-based housing assistance, minority census block. census block in the class action area, or create within each PHA jurisdiction, the e. The unit offered by the willing in any other non-minority area, (ii) the number and type (elderly and non- landlord meets the applicable Section 8 African-American occupancy of the elderly) of desegregated housing existing housing quality standards in 24 project in which the unit is located does opportunities which HUD has CFR § 882.109, and contains an not exceed fifty percent (50%) and (iii) determined to be needed within each appropriate number of bedrooms for the the unit was not obtained through a particular PHA jurisdiction, as indicated particular applicant’s family size and referral from the housing mobility in Defendants’ Hearing Exhibit No. 119, composition. service. Table 1. f. The unit offered by the willing 11. The mobility services referred to 4. If the number of desegregated landlord is located outside an area above shall be provided by the Fair housing opportunities needed within a where a reasonable African-American Housing Services Center, a private, non- particular PHA cannot be created would perceive significant racial profit organization to be established and through the use of tenant-based housing hostility. funded by HUD for a five-year period, g. There must be no legitimate basis assistance, that PHA’s unmet need shall as set forth below. for the class member to refuse the be satisfied by offering class members 12. The Fair Housing Services Center offered unit. Legitimate reasons to residing within that particular PHA a shall administer the desegregative refuse an offer are limited to remoteness Section 8 housing vouchers and desegregative housing opportunity to jobs or day care and lack of adequate located in an adjacent jurisdiction. Such certificates under contract with one or and feasible transportation. The burden more PHAs. adjacent jurisdiction can be no more is on the applicant to demonstrate that than thirty-five miles from the PHA and the proffered reason is legitimate. The III. Elimination or Reduction of must be accessible from the PHA by special master, or some designated Racially Identifiable Low-Rent Public adequate and feasible highway links and representative of the special master, Housing Projects public transportation. shall make the initial determination as 1. If the individual desegregation plan 5. If the number of desegregated to whether the applicant has carried his for a particular PHA does not require housing opportunities needed within a or her burden in this regard. the use of any of the Waiting List particular PHA cannot be created 8. HUD shall also receive credit for Initiatives, that specific PHA shall through the use of tenant-based housing the creation of a desegregated housing continue to use a race-conscious tenant assistance, either within the PHA opportunity, whenever a class member selection assignment plan in conformity jurisdiction or an adjacent jurisdiction, who has been provided with a with the requirements of Paragraph 2 of the HUD shall, to the maximum extent desegregative housing certificate or the Interim Injunction entered in this feasible and practicable, and consistent housing voucher accepts an offer of a action on March 3, 1988. with all statutory and regulatory housing unit located in any non- 2. Any particular Waiting List requirements, satisfy that PHAs unmet minority census block in the class Initiative specified in an individual need for desegregated housing action area, or in any other non- desegregation plan shall be fully opportunities through the use of project- minority area, but the unit was not implemented by the PHA within six based Section 8 existing housing obtained through a referral from the months of the date of this judgment and certificates and vouchers. housing mobility service. decree. Any PHA that is required to 6. If the number of desegregated 9. HUD shall receive credit for the implement a Waiting List Initiative shall housing opportunities needed within a creation of a desegregated housing also continue to use a race-conscious particular PHA cannot be created opportunity, if a class member is tenant selection assignment plan in through the use of either tenant-based or referred by the mobility counseling conformity with the requirements of project-based Section 8 housing service to a landlord willing to rent the Paragraph 2 of the Interim Injunction assistance, then that PHA’s unmet need class member, with or without the use entered in this action on March 3, 1988. shall be satisfied through the creation of of a Section 8 housing certificate or HUD shall provide any and all desegregative housing opportunities voucher, a suitable housing unit in a assistance to the PHA necessary to anywhere within the class action area. privately owned, HUD-assisted and/or implement the Waiting List Initiative, 7. HUD shall be given credit for the HUD-subsidized housing development, such as the drafting of detailed creation of a desegregated housing or in a housing development assisted or instructions to guide the PHA in the opportunity if: subsidized by the Farmers Home implementation of the Waiting List a. A class member has been provided Administration, provided that the Initiative, and the preparation of by HUD with a desegregative housing offered housing unit meets the location interagency agreements required for the voucher or housing certificate. A requirements set forth in Paragraph Cross-Listing Initiative, the Merged desegregative housing voucher or II.7.d., above, and provided that the Waiting List Initiative, the Area-Wide housing certificate is a Section 8 African-American occupancy of the Waiting List Initiative and the Housing existing housing certificate or housing project in which the unit is located does Opportunities Waiting List Initiative. voucher, limited for the first 120 days to not exceed fifty percent (50%). 3. If any Waiting List Initiative, such use in non-minority census blocks. 10. HUD shall also receive credit for as the Affirmative Action Waiting List b. The class member is offered the creation of a desegregated housing Initiative, employs race-conscious mobility counseling to assist the class opportunity whenever a class member, practices for the selection of tenants for member to locate an appropriate with or without the use of Section 8 assignment to a low-rent public housing housing unit. housing certificate or voucher, accepts project, an offer of alternative housing c. The class member has been referred an offer of a housing unit in a privately shall be made to any class member who by the mobility counseling service to a owned, HUD-assisted and/or HUD- would otherwise have been offered a landlord who is willing to accept the subsidized housing development, or in unit in the project but for the need to Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50385 achieve a desired racial balance in the shall bear the burden of proving that the 5. In determining whether to require project within sixty days of the date on applicant has rejected an offer of a PHA to use the Affirmative Action which the public housing unit in alternative housing. If no objection is Waiting List Initiative, or any other race question became available for made, or, upon objection, the special conscious tenant selection and assignment. master determines that an offer of assignment plan, for a particular low- a. Such an offer of alternative housing alternative housing was received by the rent public housing project, HUD shall shall be made to a class member if (i) class member who would otherwise not consider the impact of the the class member has applied for low- have been offered the public housing integration of the project on the racial rent public housing with the PHA unit, the class member shall be placed composition of the neighborhood operating the project; (ii) the class on the waiting list in the position surrounding that project. member meets all applicable eligibility occupied by the non-class member and screening requirements for advanced in accordance with the IV. Fair Housing Services Center admission to public housing operated Waiting List Initiative, and the non-class 1. HUD shall establish a Fair Housing by the PHA; and (iii) and the class member applicant advanced under the Services Center (‘‘FHSC’’), the functions member would otherwise have been Waiting List Initiative shall be assigned of which must include providing offered an available unit in the project to the public housing unit. Either party assistance to class members in locating but for the advancement of a non-class dissatisfied with the decision of the and obtaining affordable desegregated member applicant to the head of the special master may seek review of that housing in areas where they choose and, waiting list for that unit under the terms decision by this court within seven days additionally, providing class members of the Waiting List Initiative, i.e., the of the special master’s decision. with fair housing counseling services. class member held the highest position f. If a class member rejects an offer of 2. The FHSC shall be operated by a on the waiting list above the non-class alternative housing after previously private, non-profit organization. HUD member applicant whose position on receiving an offer of alternative housing shall provide funding to the FHSC in an the waiting list was advanced under the and rejecting such offer, the special amount no less than $500,000 per year terms of the Waiting List Initiative. A master shall determine whether the for a period of five years. non-class member applicant may not be applicant will again be placed on the 3. Within sixty days of the date of the advanced on a waiting list, unless it has waiting list in the position occupied by entry of this judgment and decree, HUD been verified that the non-class member the advanced non-class member shall serve upon the plaintiffs, and applicant meets all eligibility applicant or will receive different submit for approval of the court, a requirements and tenant selection consideration in light of the unusual proposed Request for Proposals (‘‘RFP’’), criteria applicable to the low-rent public circumstances. Either party dissatisfied inviting private, non-profit housing project. with the decision of the special master organizations to apply for a contract b. In order to satisfy the requirements may seek review of that decision by this with HUD to operate the FHSC. The for an offer of alternative housing (i) the court, within seven days of the special plaintiffs shall have ten days from the class member must be provided with a master’s decision. date of service within which to file desegregative Section 8 housing voucher g. If no offer of alternative housing is objections to the proposed RFP. If such or housing certificate and (ii) all other made within sixty days, HUD shall objections are filed, the court shall requirements for the creation of a notify the special master, within seven conduct such proceedings as are desegregated housing opportunity days, of the circumstances preventing required to resolve the objections. specified in Paragraph II.7., above, must an offer of alternative housing. The 4. Upon approval of the RFP by the be satisfied. special master shall investigate the court, HUD shall publish the RFP in the c. The public housing unit that conditions already causing HUD’s Commerce Business Daily. Within 120 otherwise would have been offered to failure to make an offer of alternative days of the date of publication of the the class member shall remain vacant housing. If the special master RFP, HUD shall make its selection of the pending receipt by the class member of determines that HUD is acting in good organization to operate the FHSC. an offer of alternative housing. faith, the class member shall be 5. The FHSC shall provide the d. If the class member who would provided a desegregative housing following services: otherwise have been offered the public certificate or voucher which may be a. pre-screen all clients of the FHSC housing unit rejects an offer of used without the geographic restriction who have not already been screened by alternative housing HUD shall, within described in Paragraph II.7.a., above, a PHA, to document each client’s ability seven days of such rejection, provide within the time period described in 24 and willingness to comply with an plaintiffs with a written notice stating C.F.R. § 882.209(d). A finding that HUD acceptable lease and HUD program the name of the applicant and stating acted in bad faith shall be evidence to requirements; the basis for HUD’s determination that be considered in relation to any motion b. provide information and counseling the applicant rejected the offer of a to hold HUD in contempt. with respect to housing opportunities to dwelling unit meeting the requirements 4. HUD shall provide a section 8 class members; for an offer of alternative housing. existing housing voucher to the non- c. monitor the compliance of the e. The plaintiffs shall have seven days class member applicant who would providers of low-income housing in the from the date of notice under the otherwise have been offered an available class action area (low-income public preceding subparagraph to submit to public housing unit but for the housing and assisted housing) with the HUD, in writing, any objections advancement of a class member to the fair housing laws and the requirements plaintiffs may have to HUD’s head of the waiting list for that unit placed upon the providers under the determination. If timely objections are under the terms of a Waiting List Comprehensive Plan and the individual submitted by the plaintiffs, the public Initiative, i.e., the non-class member desegregation plans; housing unit shall remain vacant applicant who held the highest position d. encourage and assist in the pending a decision by the special on the waiting list above the class development of desegregative housing master. Except as provided in Paragraph member applicant whose position on opportunities, including outreach to III.3.b. (referring to Paragraph II.7.g.), the waiting list was advanced under the private landlords in non-minority areas, above, in any such proceeding, HUD terms of the Waiting List Initiative. as well as counseling and referral 50386 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices services to Section 8 existing housing V. Racially Hostile Sites for in this judgment and decree and no tenants and applicants who wish to 1. HUD shall utilize its statutory and racially identifiable low-rent public utilize their Section 8 certificates or regulatory authority to proceed against housing projects exist within the class housing vouchers in a manner any resident who acts to deprive any action counties, HUD may apply to the furthering desegregation; other resident of his or her civil rights court for a declaration of unitary status e. encourage and assist class members under the United States Constitution or because of the elimination of all vestiges to make desegregative moves within the applicable civil rights statutes. of discrimination attributable to HUD. low-income housing program and to 2. HUD shall assist municipal leaders, See Hills v. Gautreaux, 425 U.S. 284, privately owned assisted housing including, but not limited to, the city’s 297 (1976). A project shall be regarded programs; mayor and its city counsel, in as non-racially identifiable if less than undertaking actions to address hostility seventy-five percent (75%) of the f. administer the desegregative including, but not limited to, supplying housing certificates and vouchers to be occupants of the project are members of trained security officers to protect the the same race. provided by HUD under contract with physical safety of African-American one or more PHSs; residents when necessary. 2. Upon issuance by the court of a g. give each class member written 3. Within sixty days of issuance of declaration of unitary status, judicial notice, every six months, in a form and this judgment and decree, HUD shall supervision pursuant to this judgment distribution method to be approved by determine in which localities class and decree, or any other order entered HUD, of all HUD-assisted and/or HUD- participation is limited because of racial in this case, of HUD’s activities shall subsidized low-income housing hostility such that it is unlikely class terminate. developments in the housing markets members will actually use the existing 3. Ten years after the date of this where the class member resides that public housing. judgment and decree, if the court’s 4. HUD shall develop a supplemental offer the class members a desegregative jurisdiction has not been sooner housing opportunity, provide notice of desegregation plan for each site deemed by HUD to be racially hostile. The terminated, the court shall determine the full address, telephone number, and whether its jurisdiction over HUD’s name of the person responsible for supplemental plan shall examine all avenues available to HUD effectively to actions should be continued or accepting applications for the terminated. The court shall extend its development, a short description of the counterbalance racial hostility, thereby facilitating class participation and the jurisdiction over HUD if it determines type of housing offered by the that any of the specific obligations to be development, and the general eligibility implementation of the individual performed under this judgment and requirements for the development. desegregation plans and this judgment and decree. Such supplemental plan decree have not been accomplished 6. The plaintiffs may seek review, in shall be submitted to the special master within that time period. If the court this court, of HUD’s final selection of for his approval within six months of extends its jurisdiction for this reason, the organization to operate the FHSC. the designation of a site as racially its jurisdiction shall end upon Such review shall be in accordance with hostile. fulfillment of those specific obligations. the standards and procedures for judicial review set forth in the VI. Unitary Status [FR Doc. 96–24506 Filed 9–24–96; 8:45 am] Administrative Procedure Act, 5 U.S.C. 1. When HUD and each PHA have BILLING CODE 4210±33±P §§ 701, et seq. satisfied the requirements as provided federal register September 25,1996 Wednesday Procedures; Notice National ReserveGrantsÐApplication Job TrainingPartnershipAct:TitleIII Employment andTrainingAdministration Department ofLabor Part III 50387 50388 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

DEPARTMENT OF LABOR within one day of the transmission, but Signed in Washington, DC on this 19th day the Department prefers that an applicant of September, 1996. Employment and Training use an overnight mail service. Timothy M. Barnicle, Administration FOR FURTHER INFORMATION CONTACT: Ms. Assistant Secretary of Labor. Job Training Partnership Act: Title III Shirley M. Smith, Chief, Division of Part I Program Implementation, Office of National Reserve GrantsÐApplication A. Background Procedures Worker Retaining and Adjustment Programs. Telephone: 202/219–5577. The guidelines for the submission, AGENCY: Employment and Training (This is not a toll free number). award and management of JTPA Title III Administration, Labor. Application packages and instructions National Reserve Account (NRA) grants ACTION: Notice of procedures for grant and technical assistance on application are designed and intended to foster applications. requirements are available from efficient and responsive disbursement, Regional Offices of the Employment and and effective use of NRA funds. A SUMMARY: The Employment and Training Administration (see Appendix primary objective of these guidelines is Training Administration of the U.S. A) and from the Office of Worker to establish a process which results in Department of Labor (Department or Retraining and Adjustment Programs, timely assistance to eligible dislocation DOL) is announcing policies and Employment and Training events while supporting procedures for accessing funds to Administration, U.S. Department of accomplishment of the quality service implement programs, pursuant to Labor, Room N–5426, 200 Constitution principles which have been defined by sections 323(a), 323(b), 325, 325A and Avenue, NW., Washington, DC 20210. DOL for its customers. These principles 326 of the Job Training Partnership Act are: (the Act or JTPA). Applications SUPPLEMENTARY INFORMATION: The • Early intervention and contact with prepared and submitted pursuant to Department announces the availability of funds for grants to provide training, affected workers; these guidelines and received at the • adjustment assistance, and employment Effective planning which mobilizes a address below will be considered. These full range of services and resources; guidelines supersede guidelines for services for dislocated workers, as • defined in Sections 301(a), 314(h)(1), Flexible, individualized service National Reserve Account grants approaches which are tailored to the previously published in the Federal 325 (a) and (e), 325A (b) and (f), and 326(a)(1) of JTPA. needs of the workers and Register on February 7, 1992, July 9, circumstances of the dislocation The application procedures, selection 1992, and July 19, 1993. Grant awards event; and will be made only to the extent that criteria, and approval process contained • Service-delivery that achieves quality funds remain available. in this notice are issued pursuant to the outcomes for the affected workers. JTPA regulations at 20 CFR 631.61. DATES: The grant policies and To ensure that NRA grant awards procedures described in these This program announcement consists achieve these service principles, the guidelines shall be effective of five parts and five appendices: NRA guidelines were developed by a immediately, and shall remain in effect • Part I provides background and basic Federal- State-local workgroup of until further notice. Funds are available DOL policies and emphases for representatives from each of the partner for obligation by the Secretary of Labor discretionary grants under sections organizations involved in the (the Secretary) under Sections 302(a)(2) 323, 325, 325A and 326 of the Act; implementation and management of and 323 of the JTPA. Applications will • Part II describes specific program and NRA projects. The workgroup focused be accepted on an ongoing basis as the administrative requirements that will on developing guidelines which reflect need for funds arises at the State and apply to all grant awards; the key principles of quality local level. Applicants are strongly • Part III describes basic grant management: strategic planning, encouraged to submit fully documented application submission requirements customer-driven quality, strong applications as early as possible and the criteria that will be used to processes and continuous improvement, following notice of the dislocation evaluate applications for funding; and management by facts/information. event. • Part IV describes responsibilities for B. DOL Policies and Emphases ADDRESSES: An original plus one copy oversight and performance of the application must be mailed or management of awarded grants; and 1. DOL is establishing four primary hand delivered to: Office of Grants and objectives regarding the use of NRA • Part V describes the circumstances Contracts Management, Division of funds: requiring and approval criteria for Acquisition and Assistance, • grant modification requests. Effective use and integration of NRA Employment and Training funds with other available resources Administration, U.S. Department of The appendices include directories of (e.g., Title III formula, Pell grants, Labor, Room S–4203, 200 Constitution ETA Regional Offices and State Offices, Trade Adjustment Assistance); Avenue, NW, Washington, DC 20210; copies of required assurances and • Targeting resources to need; Attention: James C. DeLuca, Grant certifications, and definitions of key • Providing quality services and Officer. The application must be terms. achieving quality outcomes for paginated and unbound. A copy of the Copies of complete application customers; application must simultaneously be packages and instructions are available • Timely submission and processing of mailed or delivered to the appropriate from ETA Regional Offices (see applications and implementation of Regional Office(s) of the Employment Appendix A) and State Dislocated services. and Training Administration. [A list of Worker Units (see Appendix C). To support these objectives, DOL is the Regional Offices is provided in The JTPA Title III program is listed in committing to a 45 (calendar) day Appendix A.] Emergency applications the Catalogue of Federal Domestic turnaround between the receipt of a may be sent to the Grant Officer by Assistance at No. 17–246 ‘‘Employment complete application and a funding electronic transmission (FAX No.: 202/ and Training Assistance—Dislocated decision by the Secretary. The review 219–8739) with a hard copy followup Workers (JTPA Title III Programs).’’ and approval process presumes an Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50389 active review role by the State JTPA Applicants are expected to use NRA than may be possible through the entity, including the Dislocated Worker grant funds to implement innovative formula funded program alone. States Unit (DWU), to ensure the submission of projects which achieve high quality and substate areas are expected to make complete and responsive applications. services and outcomes for the dislocated maximum use of funds provided for the DOL expects that the State will not workers who are served. Customer purpose of serving eligible dislocated require more than 15 (calendar) days satisfaction measurement and workers. Requests for NRA funds, following its receipt of a complete continuous improvement will be therefore, will be evaluated in terms of application to review and transmit that required elements in each NRA grant the policy delineated in Training and application to the Grant Officer and the project. Employment Guidance Letter (TEGL) 7– ETA Regional Office. In summary, the guidelines provide 95, and any subsequent modifications 2. DOL is implementing two policies more flexibility, but increase thereto, regarding intertitle transfers of designed to support more flexible expectations regarding the linkage funds under JTPA, as authorized by the funding of projects and more timely between discretionary grants and: rapid FY 1996 Omnibus Appropriations Act. delivery of services to eligible workers: response and project planning activities; Grantees will be expected to make a a. Grant Officer authority to approve, the mobilization and use of all available maximum effort to assist each eligible in appropriate cases, the use of grant resources; and the implementation of participant to apply and qualify for funds to pay for pre-award costs of quality service strategies and available sources of student financial reemployment and retraining services management processes. assistance, consistent with the specifically identified in the grant provisions of § 627.220 of the JTPA Part II award document that were or are being Regulations. It is important to note that provided to members of the eligible Under Section 322(a), the Secretary student financial assistance not only target group; and has the responsibility to target resources provides more resources to the program, b. Incremental or phased funding efficiently to areas of most need, to but also provides more resources, and where appropriate. encourage a rapid response to economic expands the options, to the participant. These policies are intended to support dislocations, and to promote the When an employer or other entity a quality-based approach to the design effective use of funds. In addition, Title offers a tuition payment or tuition and delivery of services to eligible III national reserve funds should reimbursement program for the eligible dislocated workers. Quality provide a model for promoting higher workers, the grantee and/or project improvements in services and outcomes quality services and outcomes in all operator shall work with the employer/ achieved for dislocated workers are an dislocated worker programs. entity to establish an appropriate important goal of NRA grant projects. process for accessing the funds to pay The appropriateness of these funding A. Policies and Requirements Governing the Use of Title III National Reserve for the costs of worker training. options will be evaluated on a case-by- 4. NRA funded projects should (NRA) Funds case basis. support the key ETA service goals and In general, authorization of pre-award 1. All projects and activities funded be designed around principles that have costs will only occur in exceptional shall be subject to the Act, the JTPA been shown to be effective in achieving circumstances where: (1) It was regulations, the requirements contained positive outcomes for dislocated necessary for the State or substate to in the application instructions, and the workers (e.g., transition service centers, provide previously committed funds to Grant Officer’s award document(s) and mechanisms for active employer and serve the immediate needs of the any subsequent grant amendment(s). worker input in design and operation of eligible target group prior to the date of 2. Grant applications should be an the project, methods of continuous the grant award; and (2) it can be outgrowth of an effective early improvement based on customer demonstrated that the needed action intervention process. Applications for feedback). was due to an unanticipated or unusual NRA funds should be the result of a 5. The NRA grant process should circumstance and not as a result of planning process which has been recognize and provide a means for untimely planning or submission of the activated through State rapid response responding to the fluidity of dislocation funding request. Funds awarded in one and, as appropriate, an early events. The Secretary may use an Program Year cannot be used to pay for intervention assistance process that may incremental funding approach to the costs of services incurred in a prior include the use of formula funds to respond to dislocation events as Program Year. initiate basic readjustment, retraining determined by need. Incremental 3. DOL expects that applications for and supportive services. In cases where funding of a grant can be at the request NRA grant funds will flow from formula funds have been used to of the applicant or at the discretion of effective rapid response and early provide services (excluding rapid the Secretary. intervention activities, a significant response, which is the State’s State and local project planning effort, responsibility) to the eligible target B. Eligible Circumstances for Use of and will ensure an integration of all group prior to the date of grant award NRA Funds available resources (e.g., formula, and the availability of formula funds in Services of the type described in JTPA discretionary, other public and private) the State is limited, the Grant Officer section 314 may be provided with to support the project plan. Applicants may authorize the use of grant funds to national reserve funds in the following are required to provide rapid response- pay for the costs of these services. circumstances: type, early intervention services in 3. National reserve funds should • Plant closures and substantial layoffs conjunction with any dislocation event supplement and expand the State and within a State when the workers are for which NRA grant assistance is substate capability to respond not expected to return to their provided. effectively to dislocation events. NRA previous industry or occupation of 4. Application requirements are projects should generally be funded employment; focused more on the use of quality from multiple sources; and NRA funds • Dislocations resulting from natural participant service and management should be used both to serve more disasters and other devastating events; processes, and less on detailed dislocated workers and to achieve • Plant closures and substantial layoffs operational planning decisions. higher quality services and outcomes that occur on a multi-state basis; 50390 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

• Substantial layoffs resulting from by ETA for the applicable program year. funds reserved by the State where it is federal government actions; For PY 1996, the performance goals are: the applicant but not the project • Provision of additional financial 1. Entered Employment Rate = 75.0% operator. Any costs associated with assistance to programs and activities 2. Wage Replacement Rate for Entered administering a system of needs-related being operated by State and substate Employments = 90.0% payments shall be separately identified grantees under Part A of Title III of in the application budget and justified. JTPA, where economic conditions Note: The ‘‘wage replacement rate’’ is defined in Appendix E. The Grant Officer may approve have sufficiently changed to warrant additional costs for the administration 3. Customer satisfaction rating of an increase in the area’s formula of needs-related payments, based on ‘‘extremely’’ or ‘‘very satisfied’’ allocation. information provided by the applicant. with the services received = 70.0% C. Participant Eligibility For National Reserve Account grants, Note: Each grantee will be required to cost limitations will be based on actual Individuals who meet the eligibility establish or use a system of customer end-of-project expenditures. criteria defined in sections 301(a), satisfaction measurement and continuous 314(h)(1), 325(a) and (e), 325A(b) and improvement in conjunction with the NRA c. NRA grant applicants should not (f), or 326(a)(1) of JTPA, as amended by project. The project-related costs of operating automatically budget 15 percent of the the Defense Authorization Act of 1995), this system are chargeable to the grant under award amount toward administration. shall be eligible for assistance through the ‘‘Administration’’ cost category. All proposed costs in the budget must national reserve grants. G. Administrative Requirements be reflected as either direct charges to specific budget line items or an indirect D. Allowable Activities and Services 1. General cost. The amount planned to be used for NRA funds may be used to provide Grantee organizations will be subject administration and the specific services of the type described in to the JTPA law, regulations, these purposes for which it will be used must sections 314 and 325A(f) of the Act. guidelines, the terms and conditions of be specified in the budget. the grant and any subsequent E. Required Services d. If an indirect cost is used, a copy modifications, to applicable Federal of the most recent approval document Each project funded with national laws (including provisions in from the cognizant federal agency shall reserve funds—except applications for appropriations law), and any applicable be included in the application. DISASTER projects and ADDITIONAL requirements listed below— FINANCIAL ASSISTANCE (AFA)— a. State and local Governments e. Profits or fees are not an allowable must provide the following activities (except for JTPA State grant recipients expense for grantee organizations. and services prior to or in conjunction that receive national reserve grant funds Profits or fees are allowable for profit with project implementation: under the JTPA State Grant Agreement organizations which are subrecipients or 1. Contact with employers and ‘‘block grant’’)—OMB Circular A–87 project operators, subject to the employee representatives affected by a (cost principles), and 29 CFR part 97 provisions of § 627.420(e)(3) of the JTPA dislocation or potential dislocation of (Uniform Administrative Requirements Regulations. However, no profits or fees individuals, preferably not later than 2 for Grants with State and Local will be allowed if the subrecipient or business days after notification of such Governments). service provider is the employer, or a dislocation. b. Non-Profit Organizations—OMB division or subsidiary of the employer, 2. Establishment of a mechanism for Circulars A–122 (Cost Principles) and of the dislocated workers. involving representatives of the affected 29 CFR Part 95 (Administrative f. National reserve grant funds which workers, the employer and the Requirements). community in planning the project. c. Educational Institutions—OMB have been expended for training prior to 3. Collection of information on Circulars A–21 (Cost Principles) and 29 certification of Trade Adjustment affected individuals to determine the CFR Part 95 (Administrative Assistance (TAA) eligibility do not have approximate number of such Requirements). to be reimbursed when TAA funds individuals in need of assistance and d. Profit Making Commercial Firms— become available to cover the balance of interested in receiving services. Such Federal Acquisition Regulation (FAR)— the training. The source of funds used information should include items such 48 CFR Part 31 (Cost Principles), and 29 to pay these costs will be the decision as age ranges, education and skills, job CFR Part 95 (Administrative of the grantee, in conformance with tenure, and wage ranges to allow Requirements). In addition, the audit provisions of the Trade Act. preliminary assessments of likelihood to requirements at 20 CFR 627.480 shall g. Unless otherwise waived by the seek and obtain employment in the local apply to commercial recipients. Grant Officer, national reserve grant labor market. 2. Financial Management funds cannot be used to pay for the full 4. As appropriate, arranging for cost of furniture or equipment that has orientation sessions, counseling a. Cost limitations under section 315 a useful life which is longer than the of JTPA and 20 CFR 631.14 apply to services, and early intervention services grant period. Other funds should be national reserve grants, except where for affected individuals. used, as needed, for such purchases and justification for adjusting these These services must be provided as a an appropriate usage/depreciation condition for award of the grant. These limitations is included in the grant charge should be applied to the grant. services should be provided by, under application, or subsequent grant the direction of, or in collaboration with modification requests, and approved by 3. Audit the State through its Dislocated Worker the Grant Officer. Unit. b. The limitation on administrative Grantee organizations shall be costs shall apply to the grant award, responsible for complying with the F. Performance Outcomes exclusive of funds expended for needs- audit requirements defined in § 627.480 Each NRA grant project will be related payments. This limitation of the JTPA Regulations (as published in expected to achieve the end-of-project applies to the total expenditures for the September 2, 1994, Federal performance goals which are established program administration including any Register). Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50391

4. Reporting Requirements application. The applicant will submit Department will take whatever action it a. The grantee will be required to the application to the State JTPA deems necessary and appropriate, comply with two reporting requirements administrative entity for review (see consistent with the Act and the related to each NRA grant project: Appendix B: List of State JTPA Liaisons regulations. Unobligated funds (1) Applicants should contact the and Appendix C: List of State Dislocated remaining when the Secretary’s appropriate Regional Office of the Worker Units). In the case of a non- obligational authority expires will be Employment and Training State entity submitting an application returned to the Treasury. for a multi-State project, the applicant Administration (see Appendix A) for Part III currently applicable reporting will submit the application to the State requirements. JTPA administrative entity in each state A. Types of Grant Applications for NRA One signed original and one copy of in which the project will operate. Funds applicable reports shall be provided to: The State’s review and comments There are four types of applications U.S. Department of Labor, ETA, Office should include: which may be submitted for Title III of the Comptroller, Division of • A determination that the application NRA funds: Accounting, Room C–5325, 200 is complete and responsive to the • A standard or REGULAR application; Constitution Ave., NW, Washington, DC guidelines (a completeness review • An application for a DISASTER 20210. checklist is included in Appendix G); assistance project; • One copy shall also be provided to the An assessment of the responsiveness • An application for a MULTI-STATE ETA Regional Office, ATTN: Regional of the project plan to the dislocation project where the applicant is not a Administrator. event; State entity; (2) The grantee shall provide • A verification that the applicant has • An application for ADDITIONAL information required on the the ability to satisfactorily undertake FINANCIAL ASSISTANCE (AFA). Standardized Program Information the proposed project; • A REGULAR or MULTI-STATE Record (SPIR) (OMB No. 1205–0321). A certification that available State and application may be submitted to operate b. The grantee will be requested to local resources are inadequate to meet a project in accordance with Section provide the following additional the requirements of the proposed 323, Section 325 (Defense Conversion), performance information to the Grant project; and Section 325A (Defense Diversification), Officer and to the Regional Office: • A certification that the required Section 326 of the Act (Clean Air (1) One copy each of its periodic services identified in Section II.C Employment Transition Assistance), or performance management reports on the have been or are being provided. for NAFTA-impacted workers. AFA project, consistent with the performance The State’s review and determination projects may only be operated in management procedures which are letter must be included in the accordance with Section 323; and described in the approved grant. application package. These reports should be provided no DISASTER projects may only be later than 30 days after the end of the Note: This requirement shall not apply to operated in accordance with Sections report period. applications submitted by eligible Native 323 and 324. American grantees. At a minimum, the grantee’s B. Eligible Applicants for NRA Grants performance management procedures 2. Timing Eligible applicants for NRA grants will be expected to address how the The State should, and is strongly include States, Title III substate grantee will measure progress and urged to complete the review and grantees, employers, representatives of manage performance against the forward the application to the Grant employees, Native American tribal project’s objectives as defined in the Officer, with a copy to the appropriate entities eligible to receive JTPA grant approved Implementation Schedule and Regional Office, within 15 calendar days funds pursuant to section 401 of JTPA, the Cumulative Quarterly Expenditure after receiving a complete application. and other entities which are certified by Plan. the State(s) as qualified project (2) An End-of-Project Report I. Secretary’s Rights Reserved operators. Eligibility of specific types of providing a summary analysis of the 1. The Secretary reserves the right to entities for the various types of NRA accomplishments of the project in distribute a portion of national reserve grants is more completely described in relation to its goals, strengths and funds in a manner other than that the grant application package. weaknesses in project design and provided by this notice, consistent with implementation, and suggestions for the JTPA, and taking into consideration C. Grant Application Submission improvements in the NRA grants special circumstances and unique needs Requirements management process. This report should which may arise. This may include the To be considered for funding, an be provided no later than 90 days after funding of projects through a separate application will need to include the the end date of the project. competitive grant process. information identified in this section. H. State Review 2. The Secretary also reserves the Specific requirements for each type of right to fund individual projects on an application are fully described in the 1. Responsibility incremental basis where the Department application package available through Where the applicant is an entity other determines that such an action would ETA Regional Offices and State than the State JTPA administrative result in the most effective use of Dislocated Worker Units. entity, the State, in its role of managing available resources. If an applicant plans to operate a the use of Title III resources in the State 3. If the Department receives an project through more than one project to provide services to eligible dislocated insufficient number of applications operator (see definitions in Appendix workers, will be expected to provide which are of acceptable quality, and E), each project operator shall be comments on the application. The JTPA which meet the guidelines and selection identified and a separate Budget and Liaison shall submit with each criteria contained in this notice, to fully Implementation Schedule provided. application for NRA grant funds a letter and effectively use the funds in the Where appropriate, description of providing his/her comments on the national reserve account, the separate target groups and service 50392 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices processes for each project operator shall b. Analysis of Target Group. (1) A and in managing and controlling project also be provided. In all cases, the description of how the number of performance and expenditures. applicant must also include a summary affected workers which are expected to h. Coordination and Linkages. (1) For Budget and Implementation Schedule participate in the program was States and Title III substate grantee for the entire project. determined. applicants, a description only of 1. State’s Review and Comment (2) Where layoffs have occurred more coordination relationships which go Letter.—A letter from the State than 4 months prior to the submittal of beyond those that are described in the consistent with the provisions of the application to the State (or DOL if Title III State or substate plan. Section II.H. the State is the project operator), the (2) For other applicants, a signed 2. Transmittal Letter.—A letter application shall describe the methods statement from the State Dislocated requesting national reserve funds on which are being and will be used to Worker Unit and/or the applicable Title behalf of the applicant, signed by the maintain continuing contact with the III substate grantee that the level of Governor (or his/her authorized JTPA workers. coordination relationships which have signatory official), or by the applicant’s (3) Identify if all or part of the been, or are being developed is authorized signatory must accompany dislocation is potentially trade- adequate. the application. [Note: Where the impacted. Indicate the status of any (i) Financial and Management applicant is the State, the Review and NAFTA and/or TAA petitions which Capabilities. For applicants who are Comment and Transmittal requirements have been filed or planned to be filed neither the State nor a Title III substate may be covered in one letter.] in conjunction with this dislocation. grantee, a description of financial and 3. Standard Form (SF 424).—Each (4) If the proposed target group management capabilities of the application must include a completed includes workers dislocated as a result applicant. SF 424, Application for Federal of the relocation of a company facility 7. Implementation Plan.—The Domestic Assistance (Catalogue No. or the transfer of a company operation application shall include the following 17.246) with an original signature by the to another location, the city and State to implementation information: authorized signatory. which the relocation or transfer is being a. An identification of activities, 4. Assurances and Certifications.— made shall be identified. timeframes and responsibilities for Each application must include an implementing the project in a timely original signed copy, by the authorized Note: This information will not be used to evaluate the application, but is being manner after award. The activities must signatory, of the ‘‘Assurances and requested to help the Department enforce include organization and opening of Certifications for National Reserve section 141(c) of the Act. service facilities, staffing, and the Grants’’ [See Appendix D]. Non-State execution of agreements with key grantees will be required to complete c. Analysis of Labor Market service providers. additional assurances and certifications, Conditions. A brief description of local b. A quarterly implementation where applicable. labor market conditions, including any 5. Synopsis of the Project.—Each other job markets in which job schedule showing the number of application must include a completed placement is an appropriate option for participants, enrollments in training, ‘‘Project Synopsis,’’ which identifies the the affected workers. The description participants receiving needs-related applicant, the target group, the amount must address current and expected labor payments, terminations, and entered of requested funds, the number of supply and demand relationships as employments. planned participants, and the primary they relate to the reemployment and 8. Project Budget.—The application occupations targeted for training and job wage recovery potential for the target must include a budget for all costs placement. group of workers. required to implement the project 6. Project Narrative.—The narrative d. Description of Client Service design effectively, as described in the portion of the application, excluding Process. A description of the client preceding sections. attachments, should not exceed thirty service process to be used for effective a. Cost Classification. Costs must be (30) double-spaced pages, typewritten training and job placement of the classified under the following cost on one side of the paper only, and population to be served. categories: Administration, Basic paginated. The narrative must e. Needs-Related Payments. A Readjustment Services, Retraining, specifically address each of the description of how the estimate of the Supportive Services and Needs-Related elements listed below. Use of tables and funds required for needs-related Payments, as defined in 20 CFR 631.13. charts to summarize relevant data and payments to the participants to be b. Budget Forms. The application information is strongly encouraged. served through the project was shall include the following completed However, the applicant must provide developed. The description should budget information: sufficient narrative interpretations of include an identification of the (1) Project Line Item Budget, which data summarized in any tables and estimated number of participants who shall reflect the total costs required to charts to support the need for the will need or be eligible for needs- implement the project design that are to project and the effectiveness of the related payments, and the applicant’s be paid with NRA grant funds. planned service strategy. policies for payment of needs-related (2) Service Plan Matrix, which shall The project narrative shall include: payments. identify the specific activities and a. Required Services. A description of f. Relocation/Out-of-Area Job Search services in the project design and the the specific actions which have been Assistance. If relocation and/or out-of- planned funding sources for each. completed regarding the required area job search assistance are to be (3) Planned Cumulative Quarterly services described in section II.E of provided, a description of the Expenditures of NRA Grant Funds, these guidelines. circumstances that make these which shall provide a quarterly If all required services have not been appropriate services for the target group. expenditure plan for the use of NRA completed at the time of submitting the g. Management Process. A description grant funds, identified by cost category. application, a timetable for completing of the core management process and Collectively, these budget forms them must be included in the procedures to be used by the project present a total cost picture to implement application. operator in implementing the project the project and indicate how NRA funds Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50393 will be integrated with other available 9. Description of State’s (20% or more) of the affected workers sources of funds. Administrative Responsibilities.—The are represented by a labor c. Use of Grant Funds for Pre-Award application shall include an organization(s) must provide Costs. If the applicant is requesting identification of the individual(s) within documentation of full consultation with approval from the Grant Officer for use the State administrative entity who will each appropriate local labor of grant funds to pay for costs of be responsible for the oversight organization in the development of the providing services to the target group activities, as described in Part IV of project design. which have been incurred prior to these guidelines. Each application shall describe the issuance of the Notice of Obligation The State is expected to perform the procedure which has been or will be (NOO), the applicant shall submit two following core responsibilities related to used to consult with any labor sets of the required budget forms: one each NRA project for which the State is organization which represents a which includes requested pre-award the grantee: substantial number of the workers costs, and one which does not include • Maintain participant and financial employed in the local labor market in these costs. The applicant must provide information and submit required occupations in which participants are a detailed explanation of why grant reports; being trained through the proposed funds are needed to cover these costs. If • Ensure compliance of project project. the Grant Officer approves the request, operations with applicable statutory D. Application Review Criteria such costs will be specifically identified and regulatory requirements; in the grant award document. If the • Carry out the required project site 1. Overall Considerations. To be applicant does not request and the Grant visits; considered, the application must Officer does not approve the use of grant • Provide needed technical assistance demonstrate that the proposed project funds for such costs, then grant funds to the project operator(s). meets the purpose of and is consistent cannot be used to pay for any such with the Act and regulations; and costs. If the State is performing only these core provides all the information required by d. Justification for Requested NRA responsibilities in conjunction with the these guidelines. Applications which Funds. The applicant must provide project, it may receive no more than are not complete in accordance with the information which justifies the level of 1.5% of the approved grant funds, up to requirements defined in these requested NRA funds in relation to a maximum amount of $25,000. guidelines will not be evaluated for If the State is performing more than other available Title III funds in the funding until all required information the core administrative responsibilities State. The information must include an and documentation is provided. identification of available formula and and/or wants to request more than 2. Specific Evaluation Criteria. The NRA funds, actual obligations and $25,000 in NRA grant funds for State- following specific criteria shall apply to expenditures, and the projected need for level administration, it must include in the evaluation of complete applications: unexpended funds. Available Title III the application: a. Target Group. The extent to which funds in the State shall include funds a. A detailed description of the the application identifies an eligible allotted by formula at the beginning of additional administrative target group and provides a reasonable the Program Year plus any carryover responsibilities to be performed and a estimate of the portion of the total funds from previous PYs. Available timetable for undertaking and eligible group to be assisted through the Title III funds shall include any Title III completing them; project, based on available information. funds which have been transferred to b. A line-item budget identifying the b. Need for NRA Funds. The extent to other Titles under the provisions of costs of the State-level administrative which an effort has been made to access TEGL 7–95, and any subsequent responsibilities; other available federal, State and local modifications thereto, and which c. An explanation of why these resources to finance the project and the remain unexpended. responsibilities are more appropriately request for NRA funds is supported by e. Justification for Project Design performed at the State level instead of available information on resources and Performance. The applicant must by the project operator; resource utilization. provide information which compares d. A certification that State formula c. Management Plan. Extent to which the planned design and performance for funds are not available to cover the an adequate process and plan is in effect the project with performance costs; to deliver the required services, and the information for the formula program for e. A signed letter from the project applicant has described appropriate the most recently completed Program operator(s) commenting on the proposed management processes to guide and Year in the substate area, or State if plan for performing project control project implementation. appropriate, in which the project is to administrative functions. d. Participant Service Plan. Extent to be implemented. If the planned 10. Review and Comment.—Each which the described participant service performance for this project varies from application shall include process is responsive to the dislocation the related experience on the formula documentation of the following review circumstances and the ETA customer program by more than ten percent and comment requirements: service principles; and the (10%), the applicant must provide an a. Substate Grantees. The application Implementation Plan provides a timely explanation, including supporting must include letters from the Governor response to the dislocation(s). documentation, of the factors which are (or his/her designated signatory official e. Reasonableness of Proposed Costs. causing the differences in performance. for JTPA) and each appropriate JTPA Extent to which proposed cost items Performance factors to be addressed Title III substate grantee indicating that relate to the service plan and that cost must include: cost per participant, they have been provided an opportunity levels are appropriate given experience entered employment rate, cost per to review and comment on the on other projects in the same service entered employment, average wage at application. Each letter shall provide a area, or on information provided in the placement, average duration of description of funding, services and/or application. participation, and maximum amounts of assistance to be provided to the project. These criteria will be used to develop needs-related payments which can be b. Labor Organizations. Each a recommendation on each application paid to an individual participant. application where a substantial number regarding fundability (YES/NO), 50394 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices funding level, and funding method (e.g., responsible for the onsite reviews of all from plan regarding: total full funding, incremental funding, projects in which the grantee is a non- participants, participants to be incremental release of funds). JTPA entity, or in which the State is the enrolled in training, or expenditures project operator. for retraining; Part IV In cases in which the State is the • Actual end-of-project expenditures A. Performance Management/Oversight grantee but not the project operator, the will be less than the award, or the Requirements State will have the primary amount of the award will be There will be a minimum of two responsibility for conducting the 90 day insufficient to satisfactorily complete onsite reviews of each NRA grant review. The midpoint review of such the project; project: one within 90 days after grant projects will be jointly conducted by the • The project objectives cannot be award; a second at approximately the State and the Regional Office. National accomplished in the approved grant midpoint of the grant period or six Office staff will participate in midpoint period; months after the project begins enrolling reviews of selected large and/or • complex projects. There is a need to redefine the eligible participants (whichever comes first). target group for the project. Additional onsite reviews may be For both 90 day and midpoint conducted based on the complexity, reviews, a summary report from the site Modification requests to reduce the duration and/or performance of the review shall be submitted to the Title III performance measures in the approved project, and/or recommendations from Program Office, ATTN: Chief of the grant (i.e., entered employment rate, either of the two required reviews. Division of Program Implementation wage replacement rate, customer and to the ETA Regional Administrator, satisfaction rating) to be consistent with 1. 90-Day Review no later than 30 (calendar) days after the actual performance will not be The purpose of this review is to verify review is completed. approved. that the required services have been or A copy of the report shall be provided Non-State grantees will also be are being provided; the implementation to the State and to the grantee (if other required to comply with applicable actions regarding facilities, staffing, and than the State) for follow-up. OMB Circular requirements regarding project operator agreements have been C. State Administration grant modifications, where applicable. completed; and that the core management and participant service States are expected to perform the B. Review and Approval of Grant processes are being planned and following core responsibilities related to Modification Requests implemented appropriately. NRA projects in which the State is the Requests for grant modifications will This review must be completed no grantee: be considered consistent with the later than the end of the 4th month • Maintenance of participant and general purposes of the national reserve following grant award. financial information and submission account, the selection criteria for 2. Midpoint Review of required reports; national reserve projects, and the • Ensure compliance of project purposes of the original grant award. The purpose of this review is to assess operations with applicable statutory Modifications which request changes in the effectiveness of the participant and regulatory requirements; the approved grant budget that comprise service process and the core service • Provide needed technical assistance. 25% or more of the grant award, or elements of outreach, recruitment, If this is the limit of the State’s role on which significantly change the project eligibility; assessment and service the project, the State is playing a ‘‘pass- design will be reviewed on the same planning; referral to services; and job through’’ administrative role and is basis as a new application, except that development. This review will also subject to the following limit on the Assistant Secretary rather than Secretary analyze the approach to collecting and State’s share of administrative costs approval will be required. using customer feedback information. which can be charged to the project: Although both the 90 day and the Grant modification requests should 1.5% of the grant award up to a midpoint reviews will, as a matter of not be submitted later than 90 days maximum of $25,000. As described in course, look at compliance issues, the prior to the expiration date of the grant. section III.C.9 of these guidelines, the focus is on ensuring that critical A request to deobligate or reprogram State may request a higher amount for elements are in place to be able to grant funds should be submitted no later State administration, but must provide a accomplish the project’s objectives and than 120 days prior to the expiration detailed justification. effectively use the grant funds which date of the grant. have been awarded. Part V The Grant Officer will advise the State, or grantee if not the State, in B. Performance/Oversight A. Circumstances Requiring a Grant writing of any approval or disapproval Responsibilities Modification Request of the requested grant modifications The States and ETA Regional Offices In general, a grant modification within 30 (calendar) days of receipt of will have primary responsibility for the request will be required when a complete grant modification request. onsite reviews in cases where the circumstances change to the extent that: Such notification will occur within 45 project operator is an entity other than • Actual end-of-project performance is (calendar) days for modifications the State. The Regional Office will be expected to vary by more than 15% requiring Assistant Secretary approval. Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50395

Appendix A.—Directory of Regional Offices of the Employment and Training Administration

REGIONAL OFFICES OF THE EMPLOYMENT AND TRAINING ADMINISTRATION

Region (States served) Contact information

Region I (Connecticut, Maine, Massachusetts, New U.S. Dept. of Labor/Employment & Training Admin., JFK Federal Building, Room E± Hampshire, Rhode Island, Vermont)ÐRobert J. 350, Boston, Massachusetts 02203, (617) 565±3630. Semler, Regional Administrator. Region II (New York, New Jersey, Puerto Rico, Virgin Is- U.S. Dept. of Labor/Employment & Training Admin., 201 Varick Street, Room 755, lands)ÐAlbert Garizio, Acting Regional Administrator. New York, New York 10014, (212) 337±2139. Region III (Delaware, District of Columbia, Maryland, U.S. Dept. of Labor/Employment & Training Admin., 3535 Market Street, Room Pennsylvania, Virginia, West Virginia)ÐEdwin G. 13300, Philadelphia, Pennsylvania 19104, (215) 596±6336. Strong, Regional Administrator. Region IV (Alabama, Florida, Georgia, Kentucky, Mis- U.S. Dept. of Labor/Employment & Training Admin., 1371 Peachtree Street, NE; sissippi, North Carolina, South Carolina, Tennessee)Ð Room 400, Atlanta, Georgia 30367, (404) 347±4411. Toussiant L. Hayes, Regional Administrator. Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, U.S. Dept. of Labor/Employment & Training Admin., 230 South Dearborn Street, Wisconsin) Joseph Juarez, Regional Administrator. Room 628, Chicago, Illinois 60604, (312) 353±0313. Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, U.S. Dept. of Labor/Employment & Training Admin., 525 Griffin Street, Room 317, Texas)ÐDonald A. Balcer, Regional Administrator. Dallas, Texas 75202, (214) 767±8263. Region VII (Iowa, Kansas, Missouri, Nebraska)ÐWilliam U.S. Dept. of Labor/Employment & Training Admin., 1100 Main Street, Suite 1050, H. Hood, Regional Administrator. Kansas City, Missouri 64105, (816) 426±3796. Region VIII (Colorado, Montana, North Dakota, South U.S. Dept. of Labor/Employment & Training Admin., 1999 Broadway Street, Suite Dakota, Utah, Wyoming)ÐPeter E. Rell, Regional Ad- 1780, Denver, Colorado 80202±5716, (303) 391±5740. ministrator. Region IX (Arizona, California, Hawaii, Nevada, Pacific U.S. Dept. of Labor/Employment & Training Admin., 71 Stevenson Street, Suite 830, Territories)ÐArmando Quiroz, Regional Administrator. San Francisco, California 94105, (415) 975±4612. Region X (Alaska, Idaho, Oregon, Washington)ÐBill U.S. Dept. of Labor/Employment & Training Admin., 1111 Third Avenue, Suite 900, Janes, Regional Administrator. Seattle, Washington 98101±3212, (206) 553±7700.

Appendix B.—Directory of State JTPA CALIFORNIA GEORGIA Liaisons Victoria L. Bradshaw, Director, David B. Poythress, Commissioner, State JTPA Liaisons Employment Development Georgia Department of Labor, Sussex Place, 148 International Boulevard, (As of 4/1/96) Department, 800 Capitol Mall, MIC 69, P.O. Box 826880, Sacramento, N.E., Room 600, Atlanta, Georgia ALABAMA California 94280–0001, Telephone: 30303, Telephone: 404–656–3011, 916–654–8210, FAX: 916–657–5294 FAX: 404–656–2683 Robert E. Lunsford, Director, Alabama Department of Economic and COLORADO HAWAII Community Affairs, P.O. Box 5690, Vickey Ricketts, Executive Director, Lorraine H. Akiba, Director, Department Montgomery, Alabama 36103–5690, Governor’s Job Training Office, 720 of Labor and Industrial Relations, 830 Telephone: 334–242–5893, FAX: 334– South Colorado Boulevard, Suite 550, Punchbowl Street, Room 321, 242–5855, Denver, Colorado 80222, Telephone: Honolulu, Hawaii 96813, Telephone: ALASKA 303–758–5020, FAX: 303–758–5578 808–586–8844, FAX: 808–586–9099 IDAHO Jeff Smith, Director, Division of CONNECTICUT Roger B. Madsen, Director, Idaho Community and Rural Development, John E. Saunders, Deputy Alaska Department of Community and Department of Employment, 317 Commissioner, Connecticut State Maine Street, Boise, Idaho 83735– Regional Affairs, 333 West 4th Department of Labor, 200 Folly Brook Avenue, Suite 220, Anchorage, Alaska 0001, Telephone: 208–334–6110, Boulevard, Wethersfield, Connecticut FAX: 208–334–6430 99501–2341, Telephone: 907–269– 06109, Telephone: 203–566–4280, 4607, FAX: 907–269–4520 FAX: 203–566–1520 ILLINOIS ARIZONA DELAWARE Herbert D. Dennis, Manager, JTPA Programs Division, Department of Bill Hernandez, Assistant Director, Louis A. Masci, Administrator, Commerce and Community Affairs, Division of Employment and Employment and Training, Delaware 620 East Adams, 6th Floor, Rehabilitation Services, 1789 West Department of Labor, University Springfield, Illinois 62701, Jefferson; P.O. Box 6123, Suite 901A, Plaza, P.O. Box 9499, Newark, Telephone: 217–785–6006, FAX: 217– Phoenix, Arizona 85005, Telephone: Delaware 19714–9499, Telephone: 785–6454 602–542–4910, FAX: 602–542–2273 302–368–6810, FAX: 302–368–6995 INDIANA ARKANSAS FLORIDA Timothy C. Joyce, Commissioner, Sharon Robinette, Administrator, Office Doug Jamerson, Secretary, Department Indiana Department of Workforce of Employment & Training Services, of Labor and Employment Security, Development, Indiana Government Arkansas Employment Security 2012 Capital Circle, Southeast, Suite Center South, SE302, 10 North Senate Department, P.O. Box 2981, Little 303, Hartman Building, Tallahassee, Avenue, Indianapolis, Indiana 46204– Rock, Arkansas 72203, Telephone: Florida 32399–2152, Telephone: 904– 2277, Telephone: 317–233–5661, 501–682–5227, FAX: 501–682–3144 922–7021, FAX: 904–488–8930 FAX: 317–233–4793 50396 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

IOWA 55101, Telephone: 612–296–3700, Telephone: 518–457–2741, FAX: 518– FAX: 612–296–0994 457–6908 Cynthia P. Eisenhauer, Director, Workforce Development Department, MISSISSIPPI NORTH CAROLINA 1000 E. Grand, Des Moines, Iowa Jean Denson, Director, Employment R. Scott Ralls, Director, Division of 50319, Telephone: 515–281–5365, Training Division, Mississippi Employment and Training, FAX: 515–281–4698 Department of Economic and Department of Commerce, 111 KANSAS Community Development, 301 West Seaboard Avenue, Raleigh, North Pearl Street, Jackson, Mississippi Carolina 27604, Telephone: 919–733– Wayne L. Franklin, Secretary, Kansas 39203–3089, Telephone: 601–949– 6383, FAX: 919–733–6923 Department of Human Resources, 401 2234, FAX: 601–949–2291 S.W. Topeka Boulevard, Topeka, NORTH DAKOTA MISSOURI Kansas 66603–3182, Telephone: 913– Gerald P. Balzer, Executive Director, Job 296–7474, FAX: 913–296–0179 Julie Gibson, Director, Division of Job Service North Dakota, 1000 East KENTUCKY Development and Training, Divide Avenue; P.O. Box 5507, Department of Economic Bismarck, North Dakota 58506–5507, Jill K. Day, Staff Assistant, Office of Development, P.O. Box 1087, Telephone: 701–224–2836, FAX: 701– Training and Reemployment, Jefferson City, Missouri 65102–1087, 224–4000 Workforce Development Cabinet, 275 Telephone: 314–751–4750, FAX: 314– East Main Street, 2-West, Frankfort, 751–6765, OHIO Kentucky 40621, Telephone: 502– MONTANA Evelyn Bissonnette, Director, Job 564–5360, FAX: 502–564–7452 Training Partnership-Ohio, Ohio Ingrid Danielson, Bureau Chief, State LOUISIANA Bureau of Employment Services, 145 Job Training Bureau, Montana South Front Street, 4th Floor, Calvin E. Beale, Assistant Secretary, Department of Labor and Industry, Columbus, Ohio 43216, Telephone: Louisiana Department of Labor, P.O. P.O. Box 1728, Helena, Montana 614–466–3817, FAX: 614–752–6582 Box 94094, Baton Rouge, Louisiana 59624, Telephone: 406–444–4500, 70804–9094, Telephone: 504–342– FAX: 406–444–3037 OKLAHOMA 7693, FAX: 504–342–7960 NEBRASKA Glen E. Robards, Jr., Associate Director, MAINE Oklahoma Employment Security Dan Dolan, Commissioner, Department Commission, 2401 North Lincoln, Valerie Landry, Commissioner, Maine of Labor, P.O. Box 94600, 550 South Will Rogers Building, Room 408, Department of Labor, 20 Union Street; 16th Street, Lincoln, Nebraska 68509– Oklahoma City, Oklahoma 73152, P.O. Box 309, Augusta, Maine 04330, 4600, Telephone: 402–471–9000, Telephone: 405–557–5329, FAX: 405– Telephone: 207–287–3788, FAX: 207– FAX: 402–471–2318 557–1478 287–5292 NEVADA OREGON MARYLAND Roger Dremner, Executive Director, Jacki Bessler-Perasso, Acting Manager, State Job Training Office, Capitol Sheila Tolliver, Assistant Secretary, Business Resources Division, Oregon Complex, 400 West King, Carson City, Department of Labor, Licensing and Economic Development Department, Nevada 89710, Telephone: 702–687– Regulations, 1100 North Eutaw Street, 255 Capitol Street, N.E., Suite 399, 4310, FAX: 702–687–3957 Room 600, Baltimore, Maryland Salem, Oregon 97310–1600, 21201, Telephone: 410–767–2400, NEW HAMPSHIRE Telephone: 503–373–1995, FAX: 503– FAX: 410–767–2986 Ray O. Worden, Executive Director, 581–5115 MASSACHUSETTS New Hampshire Job Training PENNSYLVANIA Coordinating Council, 64B Old Nils L. Nordberg, Commissioner, Suncook Road, Concord, New Alan R. Williamson, Deputy Secretary Department of Employment and Hampshire 03301, Telephone: 603– for Employment Security and Job Training, Charles F. Hurley Building, 228–9500, FAX: 603–228–8557 Training, Department of Labor and Government Center, 19 Staniford Industry, 7th and Forster Streets, Street, Boston, Massachusetts 02114, NEW JERSEY Room 1700, Harrisburg, Pennsylvania Telephone: 617–727–6600, FAX: 617– Peter Calderone, Commissioner, State of 17120, Telephone: 717–787–3907, 727–0315 New Jersey Department of Labor, FAX: 717–787–8826 MICHIGAN CN055, Trenton, New Jersey 08629– RHODE ISLAND 0055, Telephone: 609–292–2323, Douglas E. Stites, Chief Operating FAX: 609–633–9271 Robert Palumbo, Associate Director, Officer and Vice President for Department of Employment and Workforce Development, Michigan NEW MEXICO Training, 101 Friendship Street, Jobs Commission, 201 North Clinton D. Harden, Jr., Secretary, New Providence, Rhode Island 02903– Washington Square, Lansing, Mexico Department of Labor, P.O. Box 3740, Telephone: 401–277–3600, Michigan 48913, Telephone: 517– 1928, Albuquerque, New Mexico FAX: 401–277–2731 373–6227, FAX: 517–373–0314 87103, Telephone: 505–841–8409, SOUTH CAROLINA MINNESOTA FAX: 505–841–8491 Dr. Robert E. David, Executive Director, Byron Lee Zuidema, Assistant NEW YORK South Carolina Employment Security Commissioner, Community Based John E. Sweeney, Commissioner, New Comm., 1550 Gadsden Street; P.O. Services, Minnesota Department of York State Department of Labor, State Box 1406, Columbia, South Carolina Economic Security, 390 North Robert Office Building Campus, Building 12, 29202, Telephone: 803–737–2617, Street, 1st Floor, St. Paul, Minnesota Room 500, Albany, New York 12240, FAX: 803–737–2642 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50397

SOUTH DAKOTA Services, Wisconsin Department of 9–1–0288–11–692–9–3345, FAX: 9–1– Craig W. Johnson, Secretary, South Industry, Labor and Human Relations, 0288–11–680–488–1625 201 East Washington Avenue, Room Dakota Department of Labor, Kneip REPUBLIC OF PALAU Building, 700 Governor’s Drive, 201X, P.O. Box 7972, Madison, Pierre, South Dakota 57501–2277, Wisconsin 53707, Telephone: 608– Josephine Ulengchong, Palau JTPA Telephone: 605–773–3101, FAX: 605– 266–2439, FAX: 608–267–2392 Director, P.O. Box 100, Koror, Republic of Palau 96940, Telephone: 773–4211 WYOMING 9–1–0288–011–680–488–2513, FAX: TENNESSEE Elizabeth A. Nelson, Deputy Director, 9–1–0288–011–680–488–1725 Department of Employment, P.O. Box Robert L. Morris, II, Assistant FEDERATED STATES OF MICRONESIA Commissioner, Tennessee Department 2760, Casper, Wyoming 82602, of Labor, 710 James Robertson Telephone: 307–235–3254, FAX: 307– Kapilly Capelle, Office of Parkway, 4th Floor, Nashville, 235–3278 Administrative Services, FSM Tennessee 37243–0658, Telephone: DISTRICT OF COLUMBIA National Government, Palikir, 615–741–6772, FAX: 615–741–3003 Pohnpei, Eastern Caroline Islands F. Alexis Roberson, Acting Director, 96941, Telephone: 9–1–0288–011– TEXAS D.C. Department of Employment 691–320–2618, FAX: 9–1–0288–011– Linda Williamson, Deputy Director, Services, 500 C Street, N.W., Suite 691–320–5854 Workforce Development Division, 600, Washington, D.C. 20001, Telephone: 202–724–7185, FAX: 202– Appendix C.—Directory of State Texas Workforce Commission, 211 Dislocated Worker Units East 7th Street, Suite 1000, Austin, 724–7112 Texas 78701, Telephone: 512–936– PUERTO RICO Dislocated Worker Units 0468, FAX: 512–936–0313 Cesar Juan Almodovar, Secretary of (As of 4/1/96) UTAH Labor and President Council for ALABAMA Occupational Development and Gregory B. Gardner, Director, Office of Raymond A. Clenney, Coordinator, Job Job Training, 324 South State Street, Human Resources, 431 Ponce de Leon, 17th Floor, Hato Rey, Puerto Training Division, Alabama Suite 500, Salt Lake City, Utah 84114– Department of Economic and 7162, Telephone: 801–538–8750, Rico 00918, Telephone: 809–754– 5633, FAX: 809–763–0195 Community Affairs, 401 Adams FAX: 801–359–3928 Avenue; Post Office Box 5690, VERMONT VIRGIN ISLANDS Montgomery, Alabama 36103–5690, Robert Ware, Director, Jobs and Training Lisa Harris-Moorhead, Commissioner, Telephone: (334) 242–5893 Division, Department of Employment V. I. Department of Labor, 2131 ALASKA and Training, 5 Green Mountain Hospital Street, Christiansted, St. Drive; P.O. Box 488, Montpelier, Croix, Virgin Islands 00820, Carolyn Tuovienen, DWU Coordinator, Vermont 05601–0488, Telephone: Telephone: 809–773–1994, FAX: 809– Division of Community and Rural 802–828–4300, FAX: 802–828–4022 773–1515 Development, Department of Community and Regional Affairs, 333 VIRGINIA AMERICAN SAMOA West 4th Avenue, Suite 220, Ann Y. McGee, Executive Director, Patolo Mageo, Acting Director, Anchorage, Alaska 99501–2341, Governor’s Employment and Training Department of Human Resources, Telephone: (907) 269–4658 Department, Theatre Row Building, American Samoa Government, Pago ARIZONA 730 East Broad Street, 9th Floor, Pago, American Samoa 96799, Richmond, Virginia 23219, Telephone: 9–1–0288–011–684–633– Tommy Landa, DWU Coordinator, Job Telephone: 804–786–2308, FAX: 804– 5172, FAX: 9–1–0288–011–684–633– Training Partnership Act, 1789 West 786–2310 1139 Jefferson, Site Code 920Z, Phoenix, Arizona 85005, Telephone: (602) 542– WASHINGTON GUAM 2484 Larry A. Malo, Assistant Commissioner, William Cundiff, Director, Agency for ARKANSAS, Training and Employment Analysis Human Resources Development, P.O. Division, Employment Security Box CQ, Agana, Guam 96910, Linda Morris, Arkansas Employment Department, 605 Woodview Drive, Telephone: 9–1–0288–011–671–475– Security Department, Post Office Box S.E., MS KG11, Olympia, Washington 0751, FAX: 9–1–0288–011–671–477– 2981, Little Rock, Arkansas 72203– 98504–5311, Telephone: 206–438– 5022 2981, Telephone: (501) 682–3137 4611, FAX: 206–438–3174 NORTHERN MARIANAS CALIFORNIA WEST VIRGINIA Felix Nogis, JTPA Administrator, Office Robert Hermsmeier, Displaced Worker Andrew N. Richardson, Commissioner, of the Governor, Commonwealth of Services Section Manager, Job Bureau of Employment Programs, Job the Northern, Mariana Islands, Training Partnership Div., MIC 69, Training Programs Division, 112 Saipan, MP 96950, Telephone: 9–1– Employment Development California Avenue, Room 610, 0288–011–670–664–1700, FAX: 9–1– Department, Post Office Box 826880, Charleston, West Virginia 25305– 0288–011–670–322–5096 Sacramento, CA 94280–0001, 0112, Telephone: 304–558–2630, Telephone: (916) 654–9212 REPUBLIC OF THE MARSHALL FAX: 304–558–2992 ISLANDS COLORADO WISCONSIN Evelyn Konou, Minister of Education, Dick Rautio, Planner, Dislocated Worker June Suhling, Administrator, Division of P.O. Box 3, Majuro, Republic of the Unit, Governor’s Job Training Office, Jobs, Employment and Training Marshall Islands 96960, Telephone: Suite 550, 720 South Colorado 50398 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

Boulevard, Denver, Colorado 80222, KANSAS Jackson, MS 39203–3089, Telephone: Telephone: (303) 758–5020 (601) 949–2234 Armand Corpolongo, Job Training CONNECTICUT Director, Department of Human MISSOURI Kathleen Wimer, Title III Coordinator, Resources, Div. of Employment & Julie Gibson, Director, Div. of Job State Department of Labor, 200 Folly Trainng, 401 SW Topeka Boulevard, Development and Training, Brook Boulevard, Wethersfield, Topeka, Kansas 66603, Telephone: Department of Economic Connecticut 06109, Telephone: (203) (913) 296–7876 Development, Post Office Box 1087, 566–7550 KENTUCKY Jefferson City, MO 65102–1087, Telephone: (314) 751–7796 DELAWARE Jill K. Day, Staff Assistant, Office of MONTANA Alice Mitchell, Technical Service Training and Reemployment, Manager, Delaware Department of Workforce Development Cabinet, 275 Mary Walsh, DWU Coordinator, State Labor, Division of Employment and East Main, 3 Floor West, Frankfort, Job Training Bureau, Montana Dept. Training, University Plaza; Post Office Kentucky 40621, Telephone: (502) of Labor and Industry, Post Office Box Box 9499, Newark, Delaware 19714– 564–5360 1728, Helena, Montana 59624, 9499, Telephone: (302) 368–6913 LOUISIANA Telephone: (406) 444–4500 FLORIDA Dale Miller, Assistant Director, Special NEBRASKA Arnell Bryant-Willis, Chief, Bureau of Programs Section Office of Labor, Edward Kosark, Nebraska Department of Job Training, Div. of Labor, Federal Training Program Div., Post Labor, Job Training Program Division, Employment and Training, 1320 Office Box 94094, Baton Rouge, LA 550 South 16th Street, Lincoln, Executive Center Drive, Atkins 70804–9094, Telephone: (504) 342– Nebraska 68509, Telephone: (402) Building—Room 211, Tallahassee, FL 7637 471–9903 32399–0667, Telephone: (904) 488– MAINE NEVADA 9250 Michael Bourret, Dir. of Workforce Jan Pirozzi, DWU, State Job Training GEORGIA Development, Maine Department of Office, Capitol Complex, 400 West Robert Davis, Chief, Worker Adjustment Labor, Bureau of Employment and King St., Suite 108, Carson City, Section, Georgia Department of Labor, Training Programs, 20 Union Street, Nevada 89710, Telephone: (702) 687– Sussex Place, 148 International Blvd., State House Station 55, Augusta, 4310 NE, Atlanta, Georgia 30303, Maine 04330, Telephone: (207) 287– NEW HAMPSHIRE 3377 Telephone: (404) 656–6336 Boby Stevens, DWU Director, New HAWAII MARYLAND Hampshire Job Training Coordinating Council, 64–B Old Suncock Road, Carol Kanayama, Acting Administrator, Ron Windsor, Office of Employment Concord, New Hampshire 03301, Office of Employment and Training Training, Dept. of Economic and Telephone: (603) 228–9500 X440 Admin., Department of Labor and Employment Development, 1100 Industrial Relations, 830 Punchbowl North Eutaw Street, Room 3109, NEW JERSEY Street, Rm. 316, Honolulu, Hawaii Baltimore, Maryland 21201, Telephone: (410) 767–2832 Thomas Drabik, Director, Rapid 96813, Telephone: (808) 586–9067 Response Team, Labor Management IDAHO MASSACHUSETTS Committee, New Jersey Dept. of Suzanne Teegarden, Director, Industrial Labor, CN 058, Trenton, NJ 08625– Cheryl Brush, Bureau Chief, Planning, 0058, Telephone: 1–800–343–3919 Employment and Training Programs, Services Program, The Schrafft Department of Employment, 317 Main Center, 529 Main Street, Suite 400, NEW MEXICO Street, Boise, Idaho 83735–0001, Boston, Massachusetts 02129, Kent James, Planner/EDWAA Telephone: (208) 334–6303 Telephone: (617) 727–8158 –X319 Coordinator, Post Office Box 4218, ILLINOIS MICHIGAN Santa Fe, NM 87502, Telephone: (505) 827–6866 Herbert Dennis, Manager, Job Training James Hover, Workforce Transition Division, Dept. of Commerce and Unit, Michigan Jobs Commission, 201 NEW YORK Community Affairs, 620 East Adams N. Washington Square, Lansing, Charles Bertolami, Acting DWU Street, Springfield, Illinois 62701, Michigan 48913, Telephone: (517) Director, NY State Dept. of Labor, Telephone: (217) 785–6006 373–2162 State Office Campus—Bldg. 12, INDIANA MINNESOTA Albany, New York 12240, Telephone: (518) 457–3101 Sharon K. Langlotz, Director, Dislocated Jim Korkki, Director, Dislocated Worker Worker Unit, Indiana Department of Program, Community-Based Services, NORTH CAROLINA Workforce Development, 10 North Minnesota Dept. of Economic R. Scott Ralls, Director, Div. of Senate Avenue, Indianapolis, Indiana Security, 390 North Robert Street, Employment and Training, NC 46204, Telephone: (317) 232–7371 First Floor, St. Paul, Minnesota 55101, Department of Commerce, 111 Telephone: (612) 296–6061 IOWA Seaboard Avenue, Raleigh, NC 27604, MISSISSIPPI Telephone: (919) 733–6383 Jeff Nall, Administrator, Division of Workforce Development, Iowa Dept. Jean Denson, Director, Employment NORTH DAKOTA of Economic Development, 200 East Training Division, Mississippi Dept. James Hirsch, Director, Job Training Grand Avenue, Des Moines, Iowa of Economic and Community Division, Job Service North Dakota, 50309, Telephone: (515) 281–9013 Development, 301 West Pearl Street, 1000 E. Divide Avenue; Post Office Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50399

Box 5507, Bismarck, ND 58502–5507, VERMONT assures that: Telephone: (701) 328–2843 Andrea Tomasi, DWU Coordinator, 1. Use of funds provided through this grant will be in accordance with the OREGON Dept. of Employment and Training, Post Office Box 488, Montpelier, Act, applicable regulations, the Patricia Grose, DWU Coordinator, Vermont 05602, Telephone: (802) application and any amendments Economic Development Dept., 255 828–4177 thereto as approved by the Grant Capitol Street, NE; 3rd Floor, Salem, Officer, and shall be consistent with the Oregon 97310, Telephone: (503) 373– VIRGINIA executed award document signed by the 1995 Rob Ashby, Virginia Employment Grant Officer. OHIO Commission, Post Office Box 1358, 2. Services under this grant will be Richmond, Virginia 23211, provided only to eligible dislocated James Turner, Manager, Rapid Telephone: (804) 786–3037 workers. Response, OJT Ohio, Ohio Bureau of 3. Services will not be denied on the Employment Services, 145 South WASHINGTON basis of residence to eligible dislocated Front Street; Post Office Box 1618, Larry Malo, Assistant Commissioner, workers. Columbus, OH 43215, Telephone: Employment and Training Division, 4. The project design will reflect full (614) 466–3817 605 Woodland Square Loop, SE, MS– consultation with each local labor OKLAHOMA 6000; Post Office Box 9046, Olympia, organization(s) representing 20% or WA 98507–9046, Telephone: (206) more of the workers affected by the Joe Glenn, Chief, DWU Unit, Oklahoma 438–4611 layoff(s) covered by this grant. Employment Security Commission, 5. The project will provide activities Will Rogers Building, Room 408, 2401 WEST VIRGINIA and services which are supported with North Lincoln Boulevard, Oklahoma Sherron Higginbotham, Manager, funds reserved by the Secretary City, Oklahoma 73105, Telephone: Governor’s Administered Programs & pursuant to § 302(a)(2) and § 322(a)(3) of (405) 557–7294 DWU, Bureau of Employment the Job Training Partnership Act. PENNSYLVANIA Programs, Job Training Programs 6. The project will operate in Division, 112 California Avenue, accordance with the General John Vogel, Director DWU, Labor & Charleston, WV 25305–0112, Administrative Provisions of the Act, as Industry Building, 7th and Forester Telephone: (304) 558–1847 described in Title I, Parts C and D, and Streets; Room 1112E, Harrisburg, PA section 312(e) of the Act; 20 CFR Part 17120, Telephone: (717) 787–9282 WISCONSIN 627 of the Regulations; and 20 CFR Part RHODE ISLAND Dan Bond, Chief, Dislocated Worker 631, § 631.13, § 631.15, § 631.16, Unit, Division of Jobs, Employment & Robert Gray, EDWAA Coordinator, Dept. § 631.17, § 631.31, § 631.37, and Subpart Training Services, Dept. of Labor, of Employment and Training, 109 G. Industry and Human Relations, 201 E. 7. The project will maintain accurate Main Street, Pawtucket, RI 02860, Washington Avenue, Post Office Box and timely participant and fiscal Telephone: (401) 277–3450 7972, Madison, Wisconsin 53707, records, and will submit complete, SOUTH CAROLINA Telephone: (608) 266–0745 accurate and timely reports as specified by the Grant Officer. Maxwell F. Parrott, Jr., Program WYOMING Coordinator, Manpower Training 8. Except as described in the Brian Clark, Coordinator, Job Training Unit, Post Office Box 995, Columbia, application and as approved by the Program, Dept. of Employment, 100 SC 29202, Telephone: (803) 737–2601 Grant Officer, projects administered by West Midwest, Post Office Box 2760, State or Title III substate grantees will SOUTH DAKOTA Casper, Wyoming 82602, Telephone: adhere to all policies and procedures Mike Ryan, JTPA Administrator, SD (307) 235–3601 identified in the approved State Title III Dept. of Labor, Kneip Building, 700 PUERTO RICO Plan, and applicable Title III substate Governors Drive, Pierre, SD. 57501, plan. Ardin Teron, President, Technological— Telephone: (605) 773–5017 9. Retraining will only occur in Occupational Education Council, 431 occupations with a demand for workers. TENNESSEE Ponce de Leon, 16th Floor, Hato Rey, 10. By signing these Assurances and Louis Stone, DWU Manager, TN PR 00918, Telephone: (809) 754–5633 Certifications, the applicant is assuring Department of Labor, Gateway Plaza, VIRGIN ISLANDS compliance with the provisions of each 710 James Robertson Parkway, 4th of the following: Malcolm McGregor, DWU Coordinator, Floor, Nashville, TN 37243, a. Assurances—Non-Construction V.I. Department of Labor, 2131 Telephone: (615) 741–1031 Programs (SF 424B); Hospital Street, Christiansted, St. b. Debarment, Suspension, TEXAS Croix, V.I. 00820, Telephone: (809) Ineligibility and Voluntary Exclusion— Dale Robertson, Manager EDWAA, Work 773–1994 Primary Covered and Lower Tier Force Development Div., Texas DISTRICT OF COLUMBIA Transactions (29 CFR Part 98); Workforce Commission, 211 East 7th c. Certification Regarding Lobbying Shirley Arnett, DWU Chief, 1000 U Street, Suite 1000, Austin, Texas (29 CFR Part 93); Street, N.W., Suite 331, Washington, 78701, Telephone: (512) 936–0474 d. Certification Regarding Drug-Free DC 20001, Telephone: (202) 673–4434 Workplace (29 CFR Part 98); UTAH Appendix D.—Assurances and e. Certification of Release of Gary Gardner, DWU Supervisor, Utah Certifications Information; Office of Job Training for Economic f. Compliance with Development, 324 South State Street; Assurances and Certifications for JTPA Nondiscrimination and Equal Suite 500, Salt Lake City, Utah 84114– Title III National Reserve Grants Opportunity Requirements of JTPA (29 7162, Telephone: (801) 538–8757 lllllllllllllllllllll CFR Part 34). 50400 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

11. Each contract for on-the-job federally funded General Assistance based on individual employer training will comply with the provisions or General Relief payments) requirements and are not transferrable at § 627.240 of the Regulations. • foster child care payments to other workplaces; skills that are 12. It will conduct at least once • educational financial assistance satisfactory in low technology work annually a comprehensive review and received under Title IV of the Higher environments, but are inadequate to verification of financial management, Education Act meet hiring criteria or for successful job procurement systems, participant data, • needs-based scholarship assistance performance in similar occupations and subrecipient monitoring procedures • income earned while on active within the current local labor market. and systems for the project operator. military duty. 5. Project Operator is an entity which 13. Funds awarded under this grant In addition, when a Federal statute receives an award from the grantee to will not supplant available resources, specifically provides that income or operate a full service program for all or and will be coordinated with all payments received under such statute part of the target group covered by the resources available to provide assistance shall be excluded in determining grant. Project operators may be defined to the target group. eligibility for and the level of benefits on the basis of geographical service 14. It will provide effective received under any other federal statute, areas or specific segments of the target administration and oversight of the such income shall be excluded. population, but shall not be considered funds awarded through this grant; and With the exception of the above, and to be individual service offices or that it will review expenditures and any other exclusions which can be locations, or providers of specific enrollment data against the planned determined appropriate, family income services (e.g., occupational skills levels for the project and notify the to be used in determining eligibility for training). In general, project operators Grant Officer expeditiously of any needs-related payments shall be all would qualify as ‘‘subrecipients’’ as potential over- or underexpenditure of income actually received from all defined at 20 CFR 626.5 of the JTPA grant funds. sources by all members of the family for Regulations. 15. It will compile and maintain the six-month period prior to 6. State, for the purposes of these information on project implementation application, annualized. When grant application guidelines, shall mean on a monthly basis, and shall provide computing family income, income of a the 50 States of the United States, as such information to the Department as spouse and other family members is represented by the State JTPA agency requested. counted for the portion of the six-month under the Governor/Secretary 16. It will develop and implement a period, prior to application that the Agreement and the JTPA Agreement, system for collecting information from person was actually a member of the block grants. ‘‘State’’ shall also include participants regarding satisfaction with family. the following grant eligible territories outcomes and the service process, and 3. High performance workplace and legal jurisdictions: District of for using that information in a activities are activities designed to Columbia, Commonwealth of Puerto continuous improvement process increase the productivity of workers and Rico, Virgin Islands, Guam, American regarding project design and operation. Samoa, Commonwealth of Northern lllllllllllllllllllll the efficiency of work processes. They include, but are not limited to: Marianas, Republic of the Marshall Signature of Authorized Signatory Islands, Federated States of Micronesia, lllllllllllllllllllll analyzing and restructuring (‘‘reengineering’’) work processes to and Republic of Palau, as represented by Date the State JTPA agency under the lllllllllllllllllllll strip down processes and work procedures to the most essential parts; Governor/Secretary and the JTPA Grant Name acquisition and installation of flexible, Agreements, ‘‘block grant’’. Appendix E.—Definitions of Key Terms multi-purpose, usually computer-based 7. Substate area means that geographic area in a State designated by Definitions of Key Terms equipment; development and installation of self-control performance the Governor pursuant to his/her 1. Family, for purposes of establishing management procedures; worker authority under section 312 of JTPA. eligibility for needs-related payments, participation in designing new work 8. Substate grantee means that agency means two or more persons related by procedures and methods, including or organization selected to administer blood, marriage, or decree of court who evaluation and selection of new programs under agreement among the are living in a single residence, and are technologies and equipment to be used Governor, the local elected official or included in one of the following in the workplace; development of officials of the applicable substate area, categories: worker skills in self-control systems and and the private industry council or • A husband, wife and dependent procedures, decision-making, working councils of such area, as provided in children; in team-based environment; section 312 of JTPA. • A parent or guardian and dependent development of worker competence in 9. Substantial layoff, for the purpose children; using new technologies, including an of eligibility of a layoff for assistance • A husband and wife. active role by worker representatives in with national reserve account funds, is 2. Family income means income as evaluating and selecting training any reduction-in-force which is not the defined by the Department of Health methodologies and materials. result of a plant closure and which and Human Services in connection with 4. Obsolete skills, for purposes of results in an employment loss at any the annual poverty guidelines. Items establishing eligibility for skills single site of employment during any 30 which should not be included in upgrading, means skills or skill levels period for at least 33% of the employees computing family income are: that would not allow the individual (who work 20 or more hours per week) • unemployment compensation worker to meet current hiring or at least 50 employees (who work 20 • child support and public assistance requirements for the occupation in the or more hours per week). (including Aid to Families with local labor market, or a labor market to 10. Wage replacement rate for entered Dependent Children, Supplemental which the individual is willing to employments is the number which Security Income, Emergency relocate. Examples of reasons for represents the average, for all project Assistance money payments, and non- ‘‘obsolete skills’’ include: skills that are participants, of the ratio of the Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50401 placement wage to the dislocation wage for each participant.

∑ = placement wage dislocation wage [FR Doc. 96–24535 Filed 9–24–96; 8:45 am] BILLING CODE 4510±30±U federal register September 25,1996 Wednesday Deferrals; Notice Cumulative ReportonRescissionsand Budget Management and Office of Part IV 50403 50404 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices

OFFICE OF MANAGEMENT AND C shows the status of the FY 1996 ATTACHMENT A.ÐSTATUS OF FY 1996 BUDGET rescission proposals. RESCISSIONSÐContinued [In millions of dollars] Cumulative Report on Rescissions and Deferrals (Attachments B and D) Deferrals As of September 1, 1996, $231.9 Budgetary million in budget authority was being September 1, 1996. resources deferred from obligation. Attachment D This report is submitted in fulfillment shows the status of each deferral Rejected by the Congress ...... ¥462.5 of the requirement of Section 1014(e) of reported during FY 1996. Amounts rescinded by P.L. 104± the Congressional Budget and 134 ...... ¥963.4 Impoundment Control Act of 1974 Information From Special Messages (Public Law 93–344). Section 1014(e) The special messages containing Currently before the Congress ... ¥0 requires a monthly report listing all information on the rescission proposals budget authority for the current fiscal and deferrals that are covered by this year for which, as of the first day of the ATTACHMENT B.ÐSTATUS OF FY 1996 cumulative report are printed in the month, a special message had been DEFERRALS editions of the Federal Register cited transmitted to Congress. [In millions of dollars] below: This report gives the status, as of 60 FR 55154, Friday, October 27, 1995 September 1, 1996, of 24 rescission Budgetary 61 FR 8691, Tuesday, March 5, 1996 resources proposals and six deferrals contained in 61 FR 10812, Friday, March 15, 1996 eight special messages for FY 1996. 61 FR 13350, Tuesday, March 26, 1996 These messages were transmitted to Deferrals proposed by the Presi- 61 FR 17915, Tuesday, April 23, 1996 dent ...... 3,689.7 Congress on October 19, 1995; and on 61 FR 26226, Friday, May 24, 1996 Routine Executive releases February 21, February 23, March 5, 61 FR 34909, Wednesday, July 3, 1996 through September 1, 1996 March 13, April 12, May 14, and June Franklin D. Raines, (OMB/Agency releases of 24, 1996. Director. $3,457.7 million, partially offset by cumulative positive adjust- Rescissions (Attachments A and C) ATTACHMENT A.ÐSTATUS OF FY 1996 ment of $4 thousand.). As of September 1, 1996, 24 rescission Overturned by the Congress ...... RESCISSIONS proposals totaling $1.4 billion had been transmitted to the Congress. Congress [In millions of dollars] Currently before the Congress ... 231.9 approved eight of the Administration’s Budgetary rescission proposals in P.L. 104–134. A resources BILLING CODE 3110±01±P total of $963.4 million of the rescissions proposed by the President was Rescissions proposed by the rescinded by that measure. Attachment President ...... 1,425.9 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50405 50406 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Notices 50407

[FR Doc. 96–24609 Filed 9–24–96; 8:45 am] BILLING CODE 3110±01±C federal register September 25,1996 Wednesday Dry orRemoteAreas;FinalRule Solid WasteLandfillsLocatedinEither Monitoring ExemptionforSmallMunicipal Re-Establishment ofGround-Water 40 CFRPart258 Protection Agency Environmental Part V 50409 50410 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations

ENVIRONMENTAL PROTECTION (5306W), 401 M Street, S.W., exempt certain small MSWLFs from AGENCY Washington, DC 24060. ground-water monitoring requirements. This rule applies to owners or operators SUPPLEMENTARY INFORMATION: 40 CFR Part 258 of new MSWLF units, existing MSWLF Preamble Outline units, and lateral expansions of existing [FRL±5615±8] I. Authority MSWLF units. RIN 2050±AE24 II. Regulated Entities III. Summary of Today’s Action IV. Background Solid Waste Disposal Facility Criteria; IV. Background A. Prior EPA Ground-Water Monitoring A. Prior EPA Ground-Water Monitoring Requirements for Small MSWLFs Re-Establishment of Ground-Water Requirements for Small MSWLFs Monitoring Exemption for Small B. The Land Disposal Program Flexibility On August 30, 1988, EPA proposed Municipal Solid Waste Landfills Act of 1996 municipal solid waste landfill criteria Located in Either Dry or Remote Areas V. Good Cause Exemption from Notice-and- under Subtitle D of RCRA (53 FR Comment Rulemaking Procedures AGENCY: Environmental Protection 33314), which included minimum VI. Withdrawal of Proposed Rule on federal criteria for location restrictions, Agency. Alternative Ground-Water Monitoring facility design and operation, ground- ACTION: Final rule. VII. Impact Analysis A. Executive Order 12866 water monitoring, corrective action, SUMMARY: Today, the Environmental B. Regulatory Flexibility Act and Small financial assurance, and closure and Protection Agency (EPA) is revising the Business Regulatory Enforcement post-closure care requirements. criteria for municipal solid waste Fairness Act In the final MSWLF criteria (56 FR C. Paperwork Reduction Act landfills (MSWLFs)by re-establishing an 50978, October 9, 1991), EPA included D. Executive Order 12875 and Unfunded an exemption for owners and operators exemption from ground-water Mandates Reform Act monitoring for owners or operators of E. Considerations of Issues Related to of certain small MSWLF units located in certain small landfills. In order to Environmental Justice dry or remote areas (hereafter referred to qualify for the exemption, the landfill VIII. Submission to Congress and the General as ‘‘qualifying small MSWLFs’’) from must accept less than 20 tons of Accounting Office the design and ground-water monitoring requirements. To qualify for the municipal solid waste per day (based on I. Authority an annual average), have no evidence of exemption, the landfill must have met This regulation is promulgated under ground-water contamination, and be the following criteria: accepted less than the authority of sections 1008(a)(3), located in either a dry or remote 20 tons of municipal solid waste per day 2002(a), 4004(a), and 4010(c) of the location. This action codifies Sec. 3 of (based on an annual average), had no Solid Waste Disposal Act, as amended the Land Disposal Program Flexibility evidence of ground-water by the Resource Conservation and Act of 1996 (LDPFA, P.L. 104–119, contamination, and either: (1) served a Recovery Act of 1976 (RCRA), as March 26, 1996), which provides community that experiences an annual amended, 42 U.S.C. 6907(a)(3), 6912(a), explicit authority for this ground-water interruption of at least three consecutive 6944(a), and 6949a(c). monitoring exemption. This action will months of surface transportation that ease burdens on certain small landfill II. Regulated Entities prevents access to a regional waste management facility, or (2) been located owners and local governments, without Entities potentially regulated by this compromising groundwater quality. in an area that annually receives 25 action are public or private owners or inches or less of precipitation and serve EFFECTIVE DATE: This rule is effective on operators of municipal solid waste a community that has no practicable September 25, 1996. landfills (MSWLFs) that accept less than waste management alternative. In ADDRESSES: Supporting materials are 20 tons of municipal solid waste and are adopting this limited exemption, the available for viewing in the RCRA located in dry or remote areas. Agency believed that it had complied Information Center (RIC), located in Regulated categories and entities with the statutory requirement to Crystal Gateway I, 1235 Jefferson Davis include: protect human health and the Highway, First Floor, Arlington, environment, taking into account the Virginia. The Docket Identification Category Examples of regulated entities practicable capabilities of landfill Number is F–96–SDRF–FFFFF. The RIC owners and operators, in this case is open from 9:00 am to 4:00 pm, Industry ...... Owners or operators of small owners or operators of small MSWLFs. Monday through Friday, excluding MSWLFs in dry or remote This exemption was successfully federal holidays. To review docket locations. challenged by the Sierra Club and the materials, it is recommended that the Municipal Owners or operators of small Natural Resources Defense Council public make an appointment by calling Govern- MSWLFs in dry or remote (NRDC). In Sierra Club v. United States 703 603–9230. The public may copy a ment. locations. Environmental Protection Agency, 992 maximum of 100 pages from any F.2d 337 (D.C. Cir. 1993), the U.S. Court regulatory docket at no charge. III. Summary of Today’s Action of Appeals held that under RCRA Additional copies cost $0.15 per page. Today, EPA is revising the 40 CFR section 4010(c), the only factor EPA FOR FURTHER INFORMATION CONTACT: For Part 258 criteria for MSWLFs by re- could consider in determining whether general questions on this rule, contact establishing an exemption from ground- facilities must monitor ground-water the RCRA Hotline at 800 424–9346, TDD water monitoring for owners or was whether such monitoring was 800 553–7672 (hearing impaired), or 703 operators of small landfills that have no ‘‘necessary to detect contamination,’’ 412–9810 (Washington, DC known ground-water contamination and not whether such monitoring is metropolitan area). that are located in dry or remote areas. ‘‘practicable.’’ Thus, the Court vacated For technical questions, contact Ms. This rule codifies Sec. 3 of the Land the exemption for qualifying small Dana Arnold of the Office of Solid Disposal Program Flexibility Act of 1996 MSWLFs as it pertains to ground-water Waste at 703 308–7279, or at U.S. (P.L. 104–119, March 26, 1996), which monitoring, and remanded that portion Environmental Protection Agency amended section 4010(c) of RCRA to of the final rule to the Agency for Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations 50411 further consideration. The Court did not precipitation annually) that has no V. Good Cause Exemption From Notice- require EPA to remove the exemption practicable waste management and-Comment Rulemaking Procedures from the design requirements. alternative. The Administrative Procedure Act On October 1, 1993, EPA rescinded Today, EPA is implementing this generally requires agencies to provide the exemption from ground-water amendment to RCRA section 4010(c) by prior notice and opportunity for public monitoring for qualifying small re-establishing in the Part 258 MSWLF comment before issuing a final rule. 5 MSWLFs (58 FR 51536). The Agency criteria the exemption from the ground- U.S.C. § 553(b). Rules are exempt from also delayed the effective date of the water monitoring requirements for this requirement if the issuing agency MSWLF criteria for qualifying small owners or operators of qualifying small finds good cause that notice and MSWLFs for two years (until October 9, MSWLFs. To do so, EPA is revising the comment are unnecessary. 5 U.S.C. 1995), to allow owners and operators of introductory text to § 258.1(f)(1), which § 553(b)(3)(B). such small MSWLFs adequate time to currently provides that qualifying small EPA has determined that providing decide whether to continue to operate in MSWLFs are also exempt from the prior notice and opportunity for light of the Court’s ruling, and to design requirements found in subpart D comment on the promulgation of this prepare financially for the added costs of Part 258. The revision provides that if they decided to continue to operate. the qualifying small MSWLFs are rule is unnecessary. As discussed in The U.S. Court of Appeals decision exempt from the ground-water Part IV of this preamble, the LDPFA did not preclude EPA from issuing monitoring requirements of subpart E. amended RCRA section 4010(c) to separate ground-water monitoring The rest of the exemption (i.e., reinstate the small community landfill standards for these landfills, taking into § 258.1(f)(1) (i) and (ii)) is unchanged. exemption and to authorize states to account size, location, and climate, as EPA also is revising § 258.1(f)(3) to require ground-water monitoring and long as these separate standards ensured specify that, if the owner or operator of corrective action at small MSWLFs that that any ground-water contamination a qualifying small MSWLF has otherwise would qualify for the would be detected. Therefore, EPA knowledge of ground-water exemption. The statutory exemption intended to use the additional two-year contamination, then the owner or and other provisions took effect when period to determine if there were operator must notify the state Director the President signed the LDPFA on practical and affordable alternative and comply with the subpart E ground- March 26, 1996. Promulgation of today’s monitoring systems or approaches that water monitoring and correction rule simply implements the would be adequate to detect criteria, as well as the subpart D design Congressional intent of section 3(b) of contamination. The Agency determined criteria. LDPFA to ‘‘immediately reinstate’’ the that there are alternative methods and The LDPFA also authorizes States to small community MSWLF exemption proposed alternative ground-water require MSWLF owners or operators of that was once codified in 40 CFR monitoring regulations in 1995 (60 FR qualifying small MSWLFs to conduct § 258.1(f). Because EPA is making no 40799, August 10, 1995). The Agency ground-water monitoring in the changes to the exemption specifically subsequently extended the effective date specified instances described below. provided by the LDPFA, it is for qualifying small MSWLFs until Under the LDPFA, a State may require unnecessary to again provide notice and October 9, 1997 to provide EPA with the owner or operator of a small accept public comment. time to finalize the alternative MSWLF located in a dry or remote area For the same reasons, EPA believes monitoring requirements (60 FR 52337, to conduct ground-water monitoring if there is good cause for making the October 6, 1995). necessary to protect ground-water reinstatement of the small community resources and ensure compliance with a MSWLF exemption in Part 258 B. The Land Disposal Program State ground-water protection plan. If immediately effective. See 5 U.S.C. Flexibility Act of 1996 the State finds a release from a solid § 553(d). On March 26, 1996, President Clinton waste landfill unit, the State must signed into law the Land Disposal VI. Withdrawal of Proposed Rule on require corrective action as appropriate. Alternative Ground-Water Monitoring Program Flexibility Act of 1996 The LDPFA also authorizes States to (LDPFA), P.L. 104–119, which, among allow owners or operators of qualifying On August 10, 1995 (60 FR 40799), other things, amended RCRA section small MSWLFs to use alternatives to EPA proposed requirements for 4010(c) to exempt certain small ground-water monitoring wells to detect alternative ground-water monitoring MSWLFs located in either dry or remote releases. systems or approaches to provide areas from the ground-water monitoring In addition, the LDPFA authorizes a owners and operators of qualifying requirements. The LDPFA specifies that State to suspend the ground-water small MSWLFs with flexibility in the ground-water monitoring monitoring requirements for any meeting the ground-water monitoring requirements do not apply to the owner MSWLF, if the landfill operator requirements of RCRA section 4010(c) or operator of a new MSWLF unit, an demonstrates that there is no potential and EPA’s implementing regulations. As existing MSWLF unit, or a lateral for migration of hazardous constituents a result of today’s re-establishment of expansion of a MSWLF unit, that from the unit to the uppermost aquifer the ground-water monitoring exemption disposes of less than 20 tons of MSW during the active life of the unit and the into the Part 258 MSWLF criteria, many daily, based on an annual average, if post-closure care period. The small landfills will no longer need this there is no evidence of ground-water opportunity to demonstrate that there is flexibility because they will not be contamination from the unit or no migration applies to the operators of subject to the ground-water monitoring expansion and the unit or expansion all MSWLFs, not just to the operators of requirements. Even if ground-water serves either a remote community (i.e., qualifying small MSWLFs. The MSWLF monitoring is necessary at a qualifying one that experiences an annual rule already contains this ‘‘no small MSWLF, under the LDPFA, it is interruption of at least 3 consecutive migration’’ exemption provision. See 40 the State (or Tribe), rather than EPA, months of surface transportation that CFR 258.50(b). As required by the that can allow the landfill operator to prevents access to a regional MSW LDPFA, EPA intends to issue guidance use alternative ground-water monitoring facility) or a dry community (i.e., one to facilitate small community use of this techniques. Thus, it is not necessary for that receives 25 inches or less of no migration exemption. EPA to promulgate alternative ground-water 50412 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations monitoring requirements, and the B. Regulatory Flexibility Act and Small increasing flexibility for State, Tribal, Agency is withdrawing the proposed Business Regulatory Enforcement and local governments through waivers. alternative ground-water monitoring Fairness Act Title II of the Unfunded Mandates regulations published on August 10, Reform Act of 1995 (UMRA), Pub. L. 1995. The Regulatory Flexibility Act (5 104–4, establishes requirements for U.S.C. 601 et seq.), as amended by the federal agencies to assess the effects of VII. Impact Analysis Small Business Regulatory Enforcement regulatory actions on State, local, and Under the LDPFA, the ground-water Fairness Act of 1996 (SBREFA), Tribal governments, and the private monitoring exemption for qualified generally requires an agency to prepare sector. UMRA requires agencies to small MSWLFs are in effect regardless a regulatory flexibility analysis that prepare a written statement, including a of EPA action. In today’s final rule, EPA describes the impact of a proposed or cost-benefit analysis, for proposed and is simply codifying this LDPFA final rule on small entities (i.e., small final rules with ‘‘Federal mandates’’ that provision in order to enable affected businesses, small organizations, and may result in expenditures by State, entities to find all relevant requirements small governmental jurisdictions). local, and Tribal governments, in the in the Part 258 MSWLF criteria in the However, no regulatory flexibility aggregate, or to the private sector, of Code of Federal Regulations. Therefore, analysis is required if the head of an $100 million or more in any one year. any potential regulatory impacts have agency certifies the rule will not have a EPA has determined that today’s final already been created by Congressional significant economic impact on a rule does not include a Federal mandate action in enacting the LDPFA. Because substantial number of small entities. that may result in estimated costs of the ground-water monitoring exemption Pursuant to 5 U.S.C. 605(b), I hereby $100 million or more to either State, for qualified small MSWLFs is certify that today’s final rule will not Tribal, and local governments in the deregulatory in nature, however, it have a significant adverse impact on a aggregate, or to the private sector. As provides regulatory relief to small substantial number of small entities. previously discussed in this preamble, entities. Today’s rule is deregulatory in nature the exemption from ground-water monitoring for qualifying small A. Executive Order 12866 and does not impose any new burdens on small entities. The effect of today’s MSWLFs reduces a regulatory burden Under Executive Order 12866, EPA final rule is to provide certain small and associated costs that these small must determine whether a regulatory entities with relief from ground-water entities otherwise would be required to action is significant and therefore monitoring requirements and the costs incur. subject to OMB review and the other associated with those requirements. Prior to passage of the LDPFA, EPA provisions of the Executive Order. A Therefore, this rule does not require a had maintained dialogue with States, significant regulatory action is defined regulatory flexibility analysis. Tribes, and local governments regarding as one that may: ways of ensuring appropriate flexibility (1) Have an annual effect on the C. Paperwork Reduction Act while maintaining protection of human economy of $100 million or more or health and the environment for small EPA’s 1991 MSWLF regulations adversely affect in a material way the MSWLFs, particularly those in dry or provided that owners or operators that economy, a sector of the economy, remote locations. The Agency believes meet the criteria for exemptions from productivity, competition, jobs, the that this consultation with States, the ground-water monitoring and design environment, public health or safety, or Tribes, and local governments satisfies criteria must place documentation in State, local, or tribal governments or the requirement of Executive Order the facility operating record communities; 12875. (2) Create a serious inconsistency or demonstrating that they qualified for the E. Considerations of Issues Related to otherwise interfere with an action taken exemptions. The information collection Environmental Justice or planned by another agency; requirements for all of Part 258, (3) Materially alter the budgetary including this documentation EPA is committed to addressing impact of entitlements, grants, user fees, requirement for small, dry or remote environmental justice concerns and is or loan programs or rights and landfills, were submitted to the Office of assuming a leadership role in obligations or recipients thereof; or Management and Budget (OMB) under environmental justice initiatives to (4) Raise novel legal or policy issues the Paperwork Reduction Act, 44 U.S.C. enhance environmental quality for all arising out of legal mandates, the 3501 et seq. The OMB approval number residents of the United States. The President’s priorities, or the principles for compliance with the Part 258 Agency’s goals are to ensure that no set forth in Executive Order 12866. MSWLF criteria recordkeeping and segment of the population, regardless of It has been determined that this rule reporting requirements is 2050–0122. race, color, national origin, or income is not a ‘‘significant regulatory action’’ D. Executive Order 12875 and bears disproportionately high and under the terms of E.O. 12866 and Unfunded Mandates Reform Act adverse human health and therefore is not subject to OMB review. environmental effects as a result of In the proposed rule to establish Under Executive Order 12875, Federal EPA’s policies, programs, and activities, alternative ground-water monitoring agencies are charged with enhancing and all people live in clean and requirements, EPA estimated the intergovernmental partnerships by sustainable communities. national annual costs of ground-water allowing State and local governments The Agency believes that today’s rule monitoring requirements at qualifying the flexibility to design solutions to will not have a disproportionately high small MSWLFs to range from $7.2 problems the citizenry is facing. E.O. or adverse environmental or economic million to $26.6 million per year (60 FR 12875 calls on Federal agencies to either impact on any minority or low-income 40810, August 10, 1995). Today’s action pay the direct costs of complying with group, or on any other type of affected is deregulatory in nature and will Federal mandates or to consult with community. The Agency believes that provide certain small entities with relief representatives of State, local, or Tribal this rulemaking will enable some from the costs of ground-water governments prior to formal minority and/or low-income monitoring without adversely impacting promulgation of the requirement. The communities to continue to be served by human health or the environment. Executive Order also provides for a local landfill that otherwise would Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Rules and Regulations 50413 close because it could not afford the cost List of Subjects in 40 CFR Part 258 paragraph (f)(1) and by revising of ground-water monitoring. The paragraph (f)(3) to read as follows: Agency further believes that this Environmental protection, Corrective § 258.1 Purpose, scope, and applicability. rulemaking will not create adverse action, Ground-water monitoring, impacts on human health and the Household hazardous waste, Liner * * * * * requirements, Liquids in landfills, environment because the ground-water (f)(1) Owners or operators of new Reporting and recordkeeping monitoring exemption is only available MSWLF units, existing MSWLF units, requirements, Security measures, Small and lateral expansions that dispose of if there is no evidence of ground-water quantity generators, State/Trial permit less than twenty (20) tons of municipal contamination from the landfill, and program approval and adequacy, Waste solid waste daily, based on an annual States can require both ground-water disposal, Water pollution control. average, are exempt from subparts D and monitoring and corrective action as Dated: September 19, 1996. E of this part, so long as there is no necessary to protect ground-water evidence of ground-water contamination resources. Carol M. Browner, Administrator. from the MSWLF unit, and the MSWLF VIII. Submission to Congress and the unit serves: General Accounting Office For the reasons set out in the * * * * * preamble, title 40 of the Code of Federal (3) If the owner or operator of a new Under 5 U.S.C. 801(a)(1)(A) as added Regulations, Part 258, is amended as MSWLF unit, existing MSWLF unit, or by the Small Business Regulatory follows: lateral expansion has knowledge of Enforcement Fairness Act of 1996, EPA ground-water contamination resulting submitted a report containing this rule PART 258ÐCRITERIA FOR MUNICIPAL from the unit that has asserted the and other required information to the SOLID WASTE LANDFILLS exemption in paragraph (f)(1)(i) or U.S. Senate, the U.S. House of (f)(1)(ii) of this section, the owner or Representatives and the Comptroller 1. The authority citation for part 258 operator must notify the state Director of continues to read as follows: General of the General Accounting such contamination and, thereafter, Office prior to publication of the rule in Authority: 42 U.S.C. 6907(a)(3), 6912(a), comply with subparts D and E of this today’s Federal Register. This rule is 6944(a) and 6949a(c); 33 U.S.C. 1345 (d) and part. (e). not a ‘‘major rule’’ as defined by 5 * * * * * U.S.C. 804(2). 2. Section 258.1 is amended by [FR Doc. 96–24591 Filed 9–24–96; 8:45 am] revising the introductory text of BILLING CODE 6560±50±P federal register September 25,1996 Wednesday Haiti Security SupporttotheGovernmentof Defense andJusticeforPresidential Departments ofState,theTreasury, Commodities andServicesfromthe September 12,1996ÐDrawdownof Presidential DeterminationNo.96±52of The President Part VI 50415

50417

Federal Register Presidential Documents Vol. 61, No. 187

Wednesday, September 25, 1996

Title 3— Presidential Determination No. 96–52 of September 12, 1996 Drawdown of Commodities and Services from the Depart- ments of State, the Treasury, Defense and Justice for Presi- dential Security Support to the Government of Haiti

Memorandum for the Secretary of State, the Secretary of the Treasury, the Secretary of Defense [and] the Attorney General

Pursuant to the authority vested in me by section 552(c)(2) of the Foreign Assistance Act of 1961, as amended, 22 U.S.C. 2348a(c)(2) (the ‘‘Act’’), I hereby determine that: (1) as a result of an unforeseen emergency, the provision of assistance under Chapter 6 of Part II of the Act in amounts in excess of funds otherwise available for such assistance is important to the national interests of the United States; and (2) such unforeseen emergency requires the immediate provision of assist- ance under Chapter 6 of Part II of the Act. I therefore direct the drawdown of commodities and services from the inven- tory and resources of the Departments of State, the Treasury, Defense and Justice of an aggregate value not to exceed $3 million to provide augmentation and training for the Presidential security elements of the Government of Haiti. The Secretary of State is authorized and directed to report this determination to the Congress and to arrange for its publication in the Federal Register. œ–

THE WHITE HOUSE, Washington, September 12, 1996. [FR Doc. 96–24794 Filed 9–24–96; 9:53 am] Billing code 4710–10–M i

Reader Aids Federal Register Vol. 61, No. 187 Wednesday, September 25, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 3 CFR 52...... 48065, 48066 Public Laws Update Services (numbers, dates, etc.) 523±6641 301...... 47662, 47663 For additional information 523±5227 Proclamations: 319...... 47663 2246 (see Proc. Presidential Documents 718...... 49049 6920) ...... 50223 906...... 49650 Executive orders and proclamations 523±5227 6915...... 48063 911...... 46701, 49050 The United States Government Manual 523±5227 6916...... 48815 915...... 46701, 49050 6917...... 49405 Other Services 916...... 49651 6918...... 49407 Electronic and on-line services (voice) 523±4534 917...... 49651 6919...... 49647 920...... 49653 Privacy Act Compilation 523±3187 6920...... 50223 922...... 50229 TDD for the hearing impaired 523±5229 Executive Orders: 923...... 50229 October 29, 1913 924...... 50229 ELECTRONIC BULLETIN BOARD (Revoked in part 930...... 49939 PLO 7216)...... 48720 948...... 50231 Free Electronic Bulletin Board service for Public Law numbers, 12865 (Continued by 955...... 49952 Federal Register finding aids, and list of documents on public Notice of Sept. 981...... 49954 inspection. 202±275±0920 16) ...... 49047 987...... 49955 FAX-ON-DEMAND 12975 (Amended by 1075...... 47038 EO 13018)...... 49045 1412...... 49049 You may access our Fax-On-Demand service. You only need a fax 13017...... 47659 1789...... 48605 machine and there is no charge for the service except for long Administrative Orders: Proposed Rules: distance telephone charges the user may incur. The list of Memorandums: 46...... 47674 documents on public inspection and the daily Federal Register’s August 30, 1996 ...... 46695 271...... 47680 table of contents are available using this service. The document Presidential Determinations: 275...... 47680 numbers are 7050-Public Inspection list and 7051-Table of No. 96±15 of March 7, 457 ...... 46401, 48416, 48420, Contents list. The public inspection list will be updated 1996 ...... 49935 48423, 49982 immediately for documents filed on an emergency basis. No. 96±16 of March 7, 704...... 49697 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 1996 ...... 49937 906...... 49078 FILE AND NOT THE ACTUAL DOCUMENT. Documents on No. 96±42 of August 981...... 48428 public inspection may be viewed and copied in our office located 24, 1996 ...... 46699 998...... 47786 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand No. 96±43 of August 1001...... 49081 telephone number is: 301±713±6905 27, 1996 ...... 46529 1002...... 49081 No. 96±50 of 1004...... 49081 FEDERAL REGISTER PAGES AND DATES, SEPTEMBER September 4, 1005...... 49081 1996 ...... 48601 1006...... 49081 46373±46528...... 3 No. 96±51 of 1007...... 49081 46529±46698...... 4 September 4, 1011...... 49081 46699±47018...... 5 1996 ...... 48603 1012...... 49081 47019±47408...... 6 No. 96±52 of 1013...... 49081 1030...... 49081 47409±47660...... 9 September 12, 1996 ...... 50417 1032...... 49081 47661±47798...... 10 Notice of September 1033...... 49081 47799±48062...... 11 16, 1996 ...... 49047 1036...... 49081 48063±48398...... 12 1040...... 49081 48399±48600...... 13 4 CFR 1044...... 49081 48601±48814...... 16 Proposed Rules: 1046...... 49081 48815±49044...... 17 7...... 47240 1049...... 49081 49045±49236...... 18 1050...... 49081 5 CFR 49237±49406...... 19 1064...... 49081 49407±49648...... 20 317...... 46531 1065...... 49081 49649±49938...... 23 412...... 46531 1068...... 49081 532 ...... 47661, 48817, 49649 1075...... 49081 49939±50228...... 24 1201...... 49049 1076...... 49081 50229±50418...... 25 2635...... 48733 1079...... 46571, 49081 Proposed Rules: 1106...... 49081 316...... 47450 1124...... 49081 1312...... 48855 1126...... 49081 1131...... 49081 7 CFR 1134...... 49081 2...... 49237 1135...... 49081 12...... 47019 1137...... 47092, 49081 27...... 48399 1138...... 49081 ii Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Reader Aids

1139...... 49081 46742, 47459, 47462, 47829, 1313...... 48830 9...... 46403 1160...... 47093 47831, 47834, 47835, 48431, Proposed Rules: 178...... 47095 1410...... 49697 48433, 48435, 48437, 48439, 70...... 48102 1780...... 48075 48441, 48864, 48866 71...... 48102 28 CFR 71 ...... 46743, 46744, 47465, 80...... 48102 0...... 46720, 48405 8 CFR 47466, 48097, 48868, 48869, 101...... 48102 50...... 49259 3...... 46373, 47550 48870, 48871 106...... 49714 91...... 49969 103 ...... 46373, 47039, 47550 243...... 47692 107...... 48102, 49714 92...... 49971 210...... 46534 170...... 48102 524...... 47794 240...... 47667 15 CFR 172...... 48102 541...... 47794 242...... 46373, 47550 902...... 47821 173...... 48102 544...... 47794, 47795 245a...... 46534 174...... 48102 571...... 47794 264...... 46534, 47668 16 CFR 175...... 48102 274a...... 46534 305...... 48620 177...... 48102 29 CFR 282...... 47799 1615...... 47412, 47634 178...... 48102 506...... 46988 299...... 46534, 47799 1616...... 47412, 47634 184...... 48102 4044...... 48406 499...... 47799 352...... 48645 Proposed Rules: Proposed Rules: 17 CFR 1250...... 48102 1910...... 47712 322...... 47690 200...... 49010 1301...... 49058 1952...... 48443, 48446 202...... 49957 1308...... 48655 9 CFR 30 CFR 230...... 49957 22 CFR 54...... 47669 239 ...... 49010, 49011, 49957 203...... 48834 33...... 49966 71...... 47669 240...... 48290, 49957 902...... 48835 120...... 48830 75...... 47669 249...... 47412, 49957 935...... 46548 123...... 48830 250...... 49957 944...... 46550 Proposed Rules: 128...... 48803 78...... 48430 259...... 49957 946...... 46552 Proposed Rules: 156...... 49278 270 ...... 49010, 49011, 49957 Proposed Rules: 514...... 46745 319...... 47453 274...... 49010, 49957 202...... 49894 381...... 47453 275...... 49957 24 CFR 206...... 48872, 49894 400...... 48338 906...... 47722 26...... 50208 10 CFR 420...... 48338 917...... 46577 27...... 48546 Proposed Rules: 936...... 49282, 49284 Ch. 1 ...... 46537 28...... 50208 228...... 47706 946...... 48110 Proposed Rules: 29...... 48546 230...... 47706 34...... 48645 30...... 50208 239...... 47706 32 CFR 50...... 49711 81...... 50208 240...... 47706, 48333 91...... 48736 619...... 49060 12 CFR 249...... 47706 92...... 48736 706...... 46378, 48070 270...... 49022 3...... 47358 200...... 50208 801...... 46379 24...... 49654 Proposed Rules: 18 CFR 206...... 49030 208...... 47358 207...... 49036 318...... 47467 225...... 47358 141...... 49662 247...... 47380 651...... 47839 226...... 49237 19 CFR 251...... 49036 33 CFR 308...... 48402 252...... 49036 325...... 47358 101...... 49058 255...... 49036 100...... 47822, 49678 342...... 48402 Proposed Rules: 572...... 48796 117...... 49064 Proposed Rules: 103...... 48098 573...... 47404 160...... 50232 225...... 47242 123...... 48100 582...... 48052 165 ...... 47054, 47823, 49678 338...... 49420 880...... 47380 Proposed Rules: 615...... 47829 20 CFR 882...... 48052 165...... 47839 416...... 49962 884...... 47380 334...... 48112 14 CFR 655...... 46988 888...... 49576 404...... 50258 21...... 47671 950...... 50208 407...... 50258 29...... 48609 21 CFR 965...... 50208 39 ...... 46538, 46540, 46541, 101...... 48529, 49964 3282...... 50208 34 CFR 46542, 46703, 46704, 47041, 131...... 48405 3500 ...... 46510, 49398, 50208 656...... 50192 47046, 47047, 47049, 47051, 136...... 46714 Proposed Rules: 657...... 50200 47409, 47410, 47802, 47804, 137...... 46714 3500...... 46523 668...... 49042 47806, 47808, 47809, 47813, 139...... 46714 Proposed Rules: 48066, 48612, 48613, 48614, 173...... 46374, 46376 25 CFR 75...... 47550 48617, 48619, 48818, 48820, 177...... 46543, 46716 271...... 49059 76...... 47550 48822, 449051, 49053, 178 ...... 46544, 46545, 48623 272...... 49059 77...... 47550 49055, 49056, 49058, 49248, 510...... 46547 274...... 49059 271...... 47550 49250, 49252, 49409 520...... 46719 277...... 49059 272...... 47550 71 ...... 47051, 47052, 47053, 522...... 46548, 48829 278...... 49059 607...... 47550 47411, 47671, 47815, 48069, 524...... 48624 642...... 47550 48403, 48824, 48825, 49254 606...... 47413 26 CFR 648...... 47550 49255, 49411, 49412 610...... 47413 1 ...... 46719, 47821, 47822 662...... 47550 91...... 49870 801...... 47550 602...... 46719 663...... 47550 95...... 49256 803...... 47550 Proposed Rules: 664...... 47550 97 ...... 46706, 46707, 46711, 804...... 47550 1 ...... 47838, 48656, 49279, 668 ...... 48564, 49390, 49552, 48826, 48827 807...... 47550 49715 49874 1215...... 46713 820...... 47550 673...... 49390 Proposed Rules: 897...... 47550 27 CFR 674 ...... 48564, 49390, 49874 25...... 48862 1309...... 48830 Proposed Rules: 675 ...... 48564, 49390, 49874 39 ...... 46572, 46574, 46576, 1310...... 48830 5...... 49715 676 ...... 48564, 49390, 49874 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Reader Aids iii

682 ...... 47398, 48564, 49382, 271...... 46748 32...... 50266 25...... 48354, 49402 49874 300 ...... 46418, 46749, 46753, 43...... 50266 27...... 48354, 49402 685...... 48564, 49874 48657 64...... 50266 29...... 48354, 49402 690 ...... 48564, 49390, 49874 437...... 48806 69...... 49987 31 ...... 48354, 49402, 50114 799...... 47853 73 ...... 46430, 46755, 47470, 32...... 48354, 49402 35 CFR 47471, 47472, 48659, 48660, 33...... 47390 Proposed Rules: 41 CFR 50267 36 ...... 48354, 48380, 49402 133...... 46407 Proposed Rules: 95...... 4066 37 ...... 47390, 48354, 49402 135...... 46407 Ch. 109 ...... 48006 41...... 48532 48 CFR 60±250...... 50080 42...... 48354, 49402 36 CFR 219...... 49008 43...... 47390, 48532 1...... 46554 42 CFR 225...... 49531 45 ...... 48354, 49294, 49402 7...... 46379 401...... 49269 231...... 49531 47...... 48354, 49402 15...... 46554 405...... 49269 253...... 49531 49 ...... 48354, 48532, 49402 111...... 48572 417...... 46384 1201...... 50248 52 ...... 47384, 47390, 47798, 211...... 47673 421...... 49271 1202...... 50248 48354, 48380, 48532, 49294, 223...... 48625 482...... 47423 1205...... 50248 49402 242...... 48625 Proposed Rules: 1209...... 50248 53 ...... 47390, 48354, 48380, 701...... 49261 418...... 46579 1210...... 50248 48532, 49402 1211...... 50248 Proposed Rules: 203...... 47100 1212...... 50248 800...... 48580 43 CFR 212...... 47101 4...... 47434, 49976 1213...... 50248 215...... 47100 37 CFR 2560...... 47724, 49008 1215...... 50248 219...... 47101 1216...... 50248 225...... 47101 201...... 49680 Proposed Rules: 1219...... 50248 36...... 48873 226...... 47101 Proposed Rules: 1220...... 50248 2090...... 47853 227...... 47101 1...... 49820 1224...... 50248 2110...... 47853 233...... 47101 2...... 48872 1233...... 50248 2130...... 47853 252...... 47100, 47101 3...... 49820 1237...... 50248 2200...... 47855 501...... 46607 5...... 49820 1247...... 50248 2610...... 47725 504...... 46607 7...... 49820 1252...... 50248 2780...... 48454 507...... 46607 1253...... 50248 38 CFR 5510...... 48455 510...... 46607 1506...... 47064 6400...... 47726 511...... 46607 4...... 46720 1515...... 47065 8350...... 47726 512...... 46607 Proposed Rules: 1534...... 47064 514...... 46607 3...... 50264 44 CFR 1536...... 47064 515...... 46607 16...... 47469 1542...... 47064 64...... 46732 538...... 46607 1545...... 47064 539...... 46607 39 CFR Proposed Rules: 1552...... 47064, 47065 543...... 46607 61...... 49717 111...... 48071 1807...... 47068 546...... 46607 1808...... 47068 552...... 46607 40 CFR 45 CFR 1809...... 47068 570...... 46607 9...... 48208 2400...... 46734 1810...... 47068 9903...... 49196 51...... 49680 Proposed Rules: 1811...... 47068 52 ...... 47055, 47057, 47058, 1609...... 48529 1812...... 47068 49 CFR 48407, 48409, 48629, 48632, 1814...... 47068 172...... 50252 46 CFR 49087, 49090, 49262, 49413, 1828...... 47068 173...... 50252 49414, 49682, 49685, 49688, 10...... 47060 1835...... 47068 174...... 50252 50235, 50238 12...... 47060 1842...... 47068 179...... 50252 60...... 49974 42...... 49418 1845...... 47082 538...... 46740 63 ...... 46906, 48208, 49263 110...... 49691 1852...... 47068, 47082 571 ...... 47086, 49691, 49976 81...... 47058, 50238 161...... 49691 1853...... 47082 575...... 47437, 47825 82...... 47012 Proposed Rules: 1871...... 47068 583...... 46385 180...... 48843 10...... 47786 Proposed Rules: 1002...... 48639 258...... 50410 540...... 50265 Ch. 34 ...... 47550 1039...... 47446 261 ...... 46380, 48635, 50238 1 ...... 47390, 48354, 48380, Proposed Rules: 47 CFR 272...... 49265 49402 171...... 49723 300 ...... 47060, 47825, 49690 1 ...... 46557, 48874, 49103 2...... 48380 172...... 49723 Proposed Rules: 25...... 46557 3 ...... 47390, 48354, 49402 173...... 49723 Ch. 1 ...... 48452 32...... 50244 4 ...... 47390, 48354, 48532, 174...... 49723 35...... 46748 43...... 50244 49402 175...... 49723 51...... 47840, 49715 51...... 47284 5...... 47384 176...... 49723 52 ...... 47099, 47100, 48453, 52...... 47284 6...... 48354, 49402 177...... 49723 48656, 48657, 48873, 49064, 64...... 50244 8...... 48354, 49402 178...... 49723 49285, 49426, 49716, 49717 68...... 47434 9 ...... 47390, 48354, 49402 179...... 49723 59...... 46410 73 ...... 46563, 47434, 47435, 11...... 47384 180...... 49723 60...... 47840, 49987 47436, 48638, 48639, 50246, 12 ...... 47384, 47390, 48354, 531...... 46756 61...... 47840, 49091 50247 48532, 49402 571 ...... 47728, 49427, 49992, 63...... 47840, 49091 80...... 46563 13...... 47384, 48532 50268 64...... 46418 95...... 46563, 49103 14 ...... 47390, 48354, 48380, 572...... 49992 70 ...... 46418, 49091, 49289 Proposed Rules: 49402 71...... 46418 Ch. 1 ...... 46419 15...... 47390, 48380 50 CFR 81...... 47100 1 ...... 46420, 46603, 46755, 16 ...... 48354, 48532, 49402 14...... 49979 153...... 49427 49066 19 ...... 47390, 48354, 49402 17...... 48412 159...... 49427 22...... 46420 22...... 48354, 49402 20...... 49231, 49638 270...... 46748 25...... 46420 23...... 48354, 49402 32...... 46390 iv Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Reader Aids

100...... 48625 285...... 48413, 48640 622 ...... 47446, 47821, 48413, 48641, 48848 648...... 47827, 49276 660 ...... 47089, 48072, 48643, 48852, 50255 662...... 48853 679 ...... 46399, 46570, 47089, 48073, 48074, 48415, 49076, 49418, 49696, 49980, 50256 Proposed Rules: 17 ...... 46430, 46608, 47105, 47856, 48875, 48876 20...... 47786 21...... 46431 285...... 48661, 48876 622...... 50269 630...... 48661 648 ...... 47106, 47472, 47473, 49428, 49430 649...... 49430 679 ...... 47108, 48113, 49294 Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Reader Aids v

REMINDERS Service contracting; 10-3-96; published 9-18- comments due by 9-30- 96 The items in this list were COMMENTS DUE NEXT 96; published 8-1-96 editorially compiled as an aid WEEK Radio stations; table of to Federal Register users. ENVIRONMENTAL assignments: PROTECTION AGENCY Inclusion or exclusion from AGRICULTURE California; comments due by this list has no legal DEPARTMENT Air pollution; standards of 9-30-96; published 8-20- significance. performance for new 96 Agricultural Marketing stationary sources: Service FEDERAL EMERGENCY Volatile organic compound MANAGEMENT AGENCY Limes grown in Florida and (VOC) emissions-- RULES GOING INTO imported; comments due by Flood insurance program: EFFECT TODAY 10-4-96; published 8-5-96 Architectural coatings; Special hazard areas correction; comments Oranges, grapefruit, identification and mapping, due by 9-30-96; tangerines, and tangelos map correction AGRICULTURE published 9-3-96 grown in Florida procedures, and DEPARTMENT Air quality implementation procedures and fees for Grade standards; comments Agricultural Marketing plans; approval and processing map changes; due by 10-1-96; published Service promulgation; various comments due by 10-1- 8-2-96 Cherries (tart) grown in-- States: 96; published 8-30-96 AGRICULTURE Michigan; comments due by Michigan et al.; published 9- FEDERAL RETIREMENT DEPARTMENT 9-30-96; published 8-30- 24-96 THRIFT INVESTMENT Animal and Plant Health 96 BOARD Inspection Service ENVIRONMENTAL Wisconsin; comments due Thrift savings plan: PROTECTION AGENCY Exportation and importation of by 9-30-96; published 8- Earnings allocation; animals and animal Air quality implementation 29-96 comments due by 9-30- products: plans; approval and Clean Air Act: 96; published 8-30-96 Horses from Mexico; promulgation; various State operating permits FEDERAL TRADE States: quarantine requirements; programs-- comments due by 9-30- COMMISSION Washington; published 9-25- 96; published 7-31-96 California; comments due Industry guides: by 9-30-96; published 96 Jewelry, precious metals, AGRICULTURE 8-29-96 Hazardous waste: DEPARTMENT and pewter industries; California; comments due platinum product claims; Identification and listing-- Federal Crop Insurance by 9-30-96; published comments due by 9-30- Corporation Exclusions; published 9- 8-29-96 96; published 8-23-96 25-96 Crop insurance regulations: Superfund program: GENERAL SERVICES Cotton crop; comments due Solid waste disposal facility National oil and hazardous ADMINISTRATION criteria (landfills)-- by 10-3-96; published 9-3- substances contingency 96 Acquisition regulations: Small municipal solid plan-- COMMERCE DEPARTMENT Commercial items and open waste landfills in dry or National priorities list season solicitations; remote areas; ground- National Oceanic and update; comments due comments due by 9-30- water monitoring Atmospheric Administration by 10-3-96; published 96; published 9-4-96 exemption re- 9-3-96 Fishery conservation and Federal Acquisition Regulation establishment; published management: Water pollution control: (FAR): 9-25-96 Bering Sea and Aleutian National pollutant discharge Competitive range FEDERAL Islands groundfish; elimination system-- determinations; comments COMMUNICATIONS comments due by 10-3- Publicly owned treatment due by 9-30-96; published COMMISSION 96; published 8-22-96 works pretreatment 7-31-96 programs; permit Common carrier services: Caribbean, Gulf of Mexico, Service contracting; and South Atlantic reef application Telecommunications Act of comments due by 9-30- fish; comments due by requirements; comments 96; published 8-1-96 1996; implementation-- 10-3-96; published 8-21- due by 9-30-96; HEALTH AND HUMAN Filing requirements and 96 published 7-30-96 SERVICES DEPARTMENT carrier classifications Gulf of Mexico reef fish; FEDERAL reform; published 9-25- comments due by 10-3- COMMUNICATIONS Food and Drug 96 96; published 8-19-96 COMMISSION Administration Human drugs: TRANSPORTATION West Coast salmon; Common carrier services: DEPARTMENT comments due by 9-30- Commercial mobile radio Current good manufacturing 96; published 9-17-96 practice-- Federal Aviation service providers; roaming Finished pharmaceuticals; Administration DEFENSE DEPARTMENT service provision; Acquisition regulations: comments due by 10-4- manufacturing, quality Air carrier certification and control, and Comprehensive small 96; published 8-27-96 operations: documentation business subcontracting Commercial mobile radio requirements; comments Protective breathing plans; test program for services-- due by 9-30-96; equipment; published 8- negotiation; comments Competitive service published 7-29-96 26-96 due by 9-30-96; published safeguards for local HEALTH AND HUMAN TREASURY DEPARTMENT 7-31-96 exchange carrier provision; comments SERVICES DEPARTMENT Fiscal Service Federal Acquisition Regulation (FAR): due by 10-3-96; Health Care Financing Practice and procedure: Competitive range published 9-3-96 Administration Treasury tax depositories; determinations; comments Radio services, special: Medicare: CFR Part removed; due by 9-30-96; published Interactive video and data Special enrollment periods published 8-26-96 7-31-96 service; comments due by and waiting period; vi Federal Register / Vol. 61, No. 187 / Wednesday, September 25, 1996 / Reader Aids

comments due by 10-1- Executive Office for analysis; comments due TREASURY DEPARTMENT 96; published 8-2-96 Immigration Review; free by 10-1-96; published Alcohol, Tobacco and INTERIOR DEPARTMENT legal services list 7-3-96 Firearms Bureau Indian Affairs Bureau responsibility; comments Air traffic operating and flight due by 10-4-96; published rules, etc.: Alcoholic beverages: Law and order: 8-5-96 Grand Canyon National Denatured alcohol and rum Courts of Indian Offenses NATIONAL AERONAUTICS Park; flight free zones formulas; comments due and law and order code; AND SPACE and reporting by 9-30-96; published 7- comments due by 10-3- ADMINISTRATION requirements for 31-96 96; published 7-5-96 commercial sightseeing Federal Acquisition Regulation Distilled spirits, wine, and Tribal government: companies (SFAR No. 50- (FAR): beer; importation; Indian tribal justice support; 2); comments due by 10- Competitive range comments due by 10-4- base funding formula for 4-96; published 8-21-96 distribution of determinations; comments 96; published 8-5-96 due by 9-30-96; published Grand Canyon Nationl Park; appropriations; comments VETERANS AFFAIRS 7-31-96 flight free zones and due by 9-30-96; published reporting requirements for DEPARTMENT 7-30-96 Service contracting; commercial sightseeing comments due by 9-30- Work-study services INTERIOR DEPARTMENT companies (SFAR No. 50- 96; published 8-1-96 performance; debt reduction; Land Management Bureau 2); comments due by 9- comments due by 10-4-96; NATIONAL CREDIT UNION Range management: 30-96; published 7-31-96 published 8-5-96 ADMINISTRATION Airworthiness directives: Grazing administration-- Credit unions: de Havilland; comments due Standards and guidelines by 9-30-96; published 9-9- development and Investment and deposit LIST OF PUBLIC LAWS 96 completion, etc.; activities; comments due by 9-30-96; published 6- Airbus; comments due by comments due by 9-30- This is a list of public bills 12-96 10-4-96; published 8-26- 96; published 8-29-96 from the 104th Congress 96 INTERIOR DEPARTMENT NUCLEAR REGULATORY which have become Federal COMMISSION British Aerospace; Fish and Wildlife Service laws. It may be used in Classified information; access comments due by 10-4- conjunction with ``P L U S'' Endangered and threatened and protection; comments 96; published 8-26-96 (Public Laws Update Service) species: due by 10-4-96; published Dornier; comments due by on 202±523±6641. The text of Eggert's sunflower; 8-5-96 10-4-96; published 8-26- laws is not published in the comments due by 9-30- 96 Rulemaking petitions: Federal Register but may be 96; published 8-30-96 Fokker; comments due by ordered in individual pamphlet Amersham Corp.; comments 10-3-96; published 9-9-96 INTERIOR DEPARTMENT due by 9-30-96; published form (referred to as ``slip Airworthiness standards: Minerals Management 9-16-96 laws'') from the Service Special conditions-- Superintendent of Documents, SOCIAL SECURITY Royalty management: LET Aeronautical Works U.S. Government Printing ADMINISTRATION Office, Washington, DC 20402 Gas produced from Federal model L610G airplane; Civil monetary penalties, (phone, 202±512±2470). and indian leases; gas comments due by 9-30- assessments and 96; published 8-16-96 royalties and deductions recommended exclusions H.R. 740/P.L. 104±198 for gas transportation Transport category Hearings and appeals airplanes-- To confer jurisdiction of the calculations; comments United States Court of Federal procedures; comments Hydraulic systems due by 9-30-96; published Claims with respect to land due by 9-30-96; published standards revision to 7-31-96 claims of Pueblo of Isleta 7-31-96 harmonize with Royalty relief for deep water Indian Tribe. (Sept. 18, 1996; European standards; producing leases and STATE DEPARTMENT 110 Stat. 2418) existing leases; comments Privacy Act and Freedom of comments due by 10-1- due by 9-30-96; published Information Act; 96; published 7-3-96 H.R. 3396/P.L. 104±199 8-6-96 implementation: Class E airspace; comments Defense of Marriage Act INTERIOR DEPARTMENT National security information; due by 10-4-96; published (Sept. 21, 1996; 110 Stat. 9-12-96 Surface Mining Reclamation classification, 2419) Rulemaking petitions; and Enforcement Office safeguarding, and summary and disposition; H.R. 4018/P.L. 104±200 Permanent program and declassification; comments comments due by 9-30-96; To make technical corrections abandoned mine land due by 9-30-96; published published 7-31-96 in the Federal Oil and Gas reclamation plan 7-31-96 Royalty Management Act of submissions: TRANSPORTATION TRANSPORTATION DEPARTMENT 1982. (Sept. 22, 1996; 110 Kentucky; comments due by DEPARTMENT National Highway Traffic Stat. 2421) 10-4-96; published 9-4-96 Federal Aviation Safety Administration Oklahoma; comments due Administration H.R. 3230/P.L. 104±201 Motor vehicle content labeling; by 10-4-96; published 9- Advisory circulars; availability, passenger cars and light National Defense Authorization 19-96 etc.: vehicles; domestic and Act for Fiscal Year 1997 JUSTICE DEPARTMENT Aircraft-- foreign content information; (Sept. 23, 1996; 110 Stat. Organization, functions, and Hydraulic system comments due by 10-3-96; 2422) authority delegations: certification tests and published 9-3-96 Last List September 18, 1996