Pages 53825±54076 Vol. 61 10±16±96 No. 201 federal register October 16,1996 Wednesday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996

SUBSCRIPTIONS AND COPIES PUBLIC Subscriptions: Paper or fiche 202–512–1800 Assistance with public subscriptions 512–1806 FEDERAL REGISTER Published daily, Monday through Friday, (not published on Saturdays, Sundays, or on official holidays), by General online information 202–512–1530 the Office of the Federal Register, National Archives and Records 1–888–293–6498 Administration, Washington, DC 20408, under the Federal Register Single copies/back copies: Act (49 Stat. 500, as amended; 44 U.S.C. Ch. 15) and the Paper or fiche 512–1800 regulations of the Administrative Committee of the Federal Register Assistance with public single copies 512–1803 (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC FEDERAL AGENCIES 20402. Subscriptions: The Federal Register provides a uniform system for making Paper or fiche 523–5243 available to the public regulations and legal notices issued by Assistance with Federal agency subscriptions 523–5243 Federal agencies. These include Presidential proclamations and For other telephone numbers, see the Reader Aids section Executive Orders and Federal agency documents having general applicability and legal effect, documents required to be published at the end of this issue. by act of Congress and other Federal agency documents of public interest. Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless FEDERAL REGISTER WORKSHOP earlier filing is requested by the issuing agency. The seal of the National Archives and Records Administration THE FEDERAL REGISTER: WHAT IT IS AND authenticates this issue of the Federal Register as the official serial HOW TO USE IT publication established under the Federal Register Act. 44 U.S.C. 1507 provides that the contents of the Federal Register shall be FOR: Any person who uses the Federal Register and Code of Federal judicially noticed. Regulations. The Federal Register is published in paper, 24x microfiche and as WHO: Sponsored by the Office of the Federal Register. an online database through GPO Access, a service of the U.S. WHAT: Free public briefings (approximately 3 hours) to present: Government Printing Office. The online edition of the Federal 1. The regulatory process, with a focus on the Federal Register Register on GPO Access is issued under the authority of the system and the public’s role in the development of Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions. The online regulations. database is updated by 6 a.m. each day the Federal Register is 2. The relationship between the Federal Register and Code of published. The database includes both text and graphics from Federal Regulations. Volume 59, Number 1 (January 2, 1994) forward. Free public 3. The important elements of typical Federal Register access is available on a Wide Area Information Server (WAIS) documents. through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the 4. An introduction to the finding aids of the FR/CFR system. Superintendent of Documents home page address is http:// l WHY: To provide the public with access to information necessary to www.access.gpo.gov/su docs/, by using local WAIS client research Federal agency regulations which directly affect them. software, or by telnet to swais.access.gpo.gov, then login as guest, (no password required). Dial-in users should use communications There will be no discussion of specific agency regulations. software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected]; by faxing to (202) WASHINGTON, DC 512–1262; or by calling toll free 1–888–293–6498 or (202) 512– 1530 between 7 a.m. and 5 p.m. Eastern time, Monday– WHEN: October 22, 1996 at 9:00 a.m. Friday, except for Federal holidays. WHERE: Office of the Federal Register Conference Room The annual subscription price for the Federal Register paper 800 North Capitol Street, NW. edition is $494, or $544 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) Washington, DC subscription; the microfiche edition of the Federal Register (3 blocks north of Union Station Metro) including the Federal Register Index and LSA is $433. Six month RESERVATIONS: 202–523–4538 subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $8.00 for each issue, or $8.00 for each group of pages as actually bound; or $1.50 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA or MasterCard. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register.

How To Cite This Publication: Use the volume number and the page number. Example: 60 FR 12345.

2 III

Contents Federal Register Vol. 61, No. 201

Wednesday, October 16, 1996

Agency for International Development Agency information collection activities: RULES Proposed collection; comment request, 53938–53939 Acquisition regulations: Grant and cooperative agreement awards: Miscellaneous amendments Job Training Partnership Act— Correction, 53996 Indian and Native American employment and training programs, 53939–53950 Agriculture Department Labor surplus areas classifications: See Forest Service Annual list, 53951–53981 See Natural Resources Conservation Service NAFTA transitional adjustment assistance: Newell Home Hardware Co., 53981 Civil Rights Commission NOTICES Energy Department Meetings; State advisory committees: Colorado, 53899 See Energy Information Administration Washington, 53899 See Federal Energy Regulatory Commission See Hearings and Appeals Office, Energy Department Commerce Department NOTICES Grants and cooperative agreements; availability, etc.: See International Trade Administration Epidemiology and occupational and environmental See National Oceanic and Atmospheric Administration health studies financial assistance program, 53903 Comptroller of the Currency NOTICES Energy Information Administration Agency information collection activities: NOTICES Proposed collection; comment request, 53994–53995 Agency information collection activities: Proposed collection; comment request, 53903–53905 Congressional Budget Office NOTICES Environmental Protection Agency Balanced Budget and Emergency Deficit Control RULES Reaffirmation Act (Gramm-Rudman-Hollings): Air programs: Sequestration final report for 1997 FY transmittal to Fuel and fuel additives— Congress and OMB, 53901 Guam; anti-dumping and detergent additization Defense Department requirements for conventional gasoline; exemption petition, 53854–53860 NOTICES Civilian health and medical program of uniformed services Stratospheric ozone protection— (CHAMPUS): Ozone-depleting substances; substitutes list, 54030– Cancer treatment clinical trials, 53901–53902 54041 Meetings: Reporting and recordkeeping requirements, 53854 PROPOSED RULES Defense Acquisition University Board of Visitors, 53902 Air programs: Wage Committee, 53902 Fuel and fuel additives— Education Department Guam; anti-dumping and detergent additization requirements for conventional gasoline; exemption PROPOSED RULES petition, 53886–53887 Federal regulatory review: Clean Air Act: Vocational and adult education programs, 54024–54027 NOTICES Enhanced monitoring programs; compliance assurance Reports; availability, etc.: monitoring, 53886 Section 504 Self-Evaluation; accessibility of programs, Drinking water: activities, and facilities for persons with disabilities, Marine sanitation device standards— 53902 Application requirements specific to drinking water intake no discharge zones, 54014–54017 Employment and Training Administration NOTICES NOTICES Agency information collection activities: Adjustment assistance: Submission for OMB review; comment request, 53919 Advanced Textile Composites Inc., 53937 Environmental Management Principles Code for Federal Morgan Lumber Co., 53937 Agencies; establishment, 54062–54066 Oakloom Clothes, Inc., 53937 Water pollution; discharge of pollutants (NPDES): Orbit Industries, Inc., et al., 53937–53938 Sludge management program modification application; Snap-On, Inc., 53938 Utah, 53919–53922 Adjustment assistance and NAFTA transitional adjustment assistance: Executive Office of the President Tyler Pipe Co. et al., 53935–53937 See Presidential Documents IV Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Contents

Federal Aviation Administration Banks and bank holding companies: RULES Change in bank control, 53923 Air traffic operating and flight rules: Formations, acquisitions and mergers, 53923–53924 Iraq; prohibition against certain flights within territory Meetings; Sunshine Act, 53924 and airspace, 54020–54022 Class D airspace, 53841–53842 Fish and Wildlife Service Class E airspace, 53843–53852 RULES Class E airspace; correction, 53996 Endangered and threatened species: Practice and procedure: California condors, 54044–54060 Federally assisted airport enforcement proceedings, 53998–54012 Food and Drug Administration Restricted areas, 53852 RULES PROPOSED RULES Food additives: Class E airspace, 53876–53883 Polymers— Poly(trimethyl hexamethylene terephthalamide), Federal Communications Commission 53852–53854 NOTICES Rulemaking proceedings; petitions filed, granted, denied, Forest Service etc., 53922–53923 NOTICES Applications, hearings, determinations, etc.: Environmental statements; availability, etc.: Group Communications, Inc., 53922 Ouachita National Forests, AK, et al., 53897–53898 Simes, L.T. and Raymond, 53922 Meetings: Federal Deposit Insurance Corporation Southwest Oregon Provincial Interagency Executive Committee, 53898 RULES Assessments: Savings Association Insurance Fund— General Services Administration Special assessment, 53834–53841 NOTICES PROPOSED RULES Acquisition regulations: Assessments: Public buildings and space; lease acquisition authority Savings Association Insurance Fund— delegation, 53924–53925 Base assessment, adjusted assessment and special Real property asset management principles; issuance to interim rate schedules, 53867–53876 heads of Federal landholding agencies, 53925–53929 NOTICES Agency information collection activities: Harry S. Truman Scholarship Foundation Proposed collection; comment request, 53994–53995 NOTICES Agency information collection activities: Federal Energy Regulatory Commission Submission for OMB review; comment request, 53929– NOTICES 53930 Electric rate and corporate regulation filings: Alaska Power Administration et al., 53911–53913 Health and Human Services Department Kentucky Utilities Co. et al., 53913–53915 See Food and Drug Administration Applications, hearings, determinations, etc.: See National Institutes of Health Alabama-Tennessee Natural Gas Co., 53905 Connecticut Light and Power Co. et al., 53905–53909 Hearings and Appeals Office, Energy Department Decatur Utilities, AL, et al., 53909–53910 NOTICES Equitrans L.P.; correction, 53996 Decisions and orders, 53915–53918 Mississippi River Transmission Corp., 53910 Transcontinental Gas Pipe Line Corp., 53910 Immigration and Naturalization Service Upper Peninsula Power Co., 53910–53911 RULES Williams Natural Gas Co., 53911 Immigration: Port Passenger Accelerated Service System (PORTPASS) Federal Highway Administration Program; border inspection fee projects, 53830–53834 NOTICES Environmental statements; notice of intent: Interior Department Solano County, CA, 53991 See Fish and Wildlife Service Federal Maritime Commission See Land Management Bureau NOTICES See National Park Service Freight forwarder licenses: See Surface Mining Reclamation and Enforcement Office G.S.I. Cargo Systems, Inc., et al., 53923 Internal Revenue Service Federal Reserve System NOTICES RULES Senior Executive Service: Conflict of interests, 53827–53830 Performance Review Board; membership, 53993–53994 NOTICES Agency information collection acitivities: International Development Cooperation Agency Proposed collection; comment request, 53994–53995 See Agency for International Development Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Contents V

International Trade Administration NOTICES NOTICES Permits: Antidumping: Endangered and threatened species, 53899–53900 Brass sheet and strip from— Marine mammals, 53900–53901 Canada; correction, 53996 National Park Service Justice Department NOTICES See Immigration and Naturalization Service Meetings: See Parole Commission San Francisco Maritime National Historical Park Advisory Commission, 53933 Labor Department Meetings; See Employment and Training Administration Petroglyph National Monument Advisory Commission, 53933–53934 Land Management Bureau National Register of Historic Places: RULES Pending nominations, 53934–53935 Federal timber contract payment modification; CFR part Native American human remains and associated funerary removed, 53860–53861 objects: PROPOSED RULES University of Kansas, museum of anthropology, human Indian allotments: remains from Hawaii, 53935 Federal regulatory review, 53887–53893 NOTICES Natural Resources Conservation Service Environmental statements; availability, etc.: NOTICES Louisiana Army Ammunition Plant, LA, 53932 Meetings: Public land orders: Agricultural Air Quality Task Force; cancellation, 53898 Washington, 53932–53933 Resource management plans, etc.: Nuclear Regulatory Commission San Rafael Resource Management Plan, UT, 53933 NOTICES Withdrawal and reservation of lands: Agency information collection activities: Montana; correction, 53933 Proposed collection; comment request, 53982–53983 Meetings; Sunshine Act, 53983–53984 Maritime Administration Applications, hearings, determinations, etc.: RULES Northern States Power Co., 53983 Subsidized vessels and operators: Maritime security program; establishment, 53861–53866 Panama Canal Commission PROPOSED RULES National Aeronautics and Space Administration Shipping and navigation: NOTICES Canal tolls rates and vessel management rules— Inventions, Government-owned; availability for licensing, Toll rates increase and on-deck container capacity 53981 measurement, 53886

National Archives and Records Administration Parole Commission NOTICES NOTICES Agency information collection activities: Meetings; Sunshine Act, 53935 Submission for OMB review; comment request, 53981– 53982 Peace Corps NOTICES National Institutes of Health Agency information collection activities: NOTICES Submission for OMB review; comment request, 53984 Agency information collection activities: Submission for OMB review; comment request, 53930– Presidential Documents 53931 PROCLAMATIONS Inventions, Government-owned; availability for licensing, Special observances: 53931 Character Counts Week, National (Proc. 6937), 54069 Meetings: Children’s Day, National (Proc. 6939), 54073 National Center for Research Resources, 53931 Columbus Day (Proc. 6940), 54075 National Institute of Allergy and Infectious Diseases, General Pulaski Memorial Day (Proc. 6936), 53825 53931–53932 School Lunch Week, National (Proc. 6938), 54071

National Oceanic and Atmospheric Administration Public Health Service RULES See Food and Drug Administration Fishery conservation and management: See National Institutes of Health Northeastern United States fisheries— Summer flounder and scup fisheries, 53866 Securities and Exchange Commission PROPOSED RULES NOTICES Marine mammals: Meetings; Sunshine Act, 53984 Endangered fish or wildlife— Self-regulatory organizations; proposed rule changes: Shortnose sturgeon in Androscoggin and Kennebec National Association of Securities Dealers, Inc., 53984– Rivers, ME, 53893–53896 53987 VI Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Contents

Small Business Administration RULES NOTICES Government Securities Act of 1986; large position reporting Agency information collection activities: and recordkeeping requirements Proposed collection; comment request, 53987–53988 Correction, 53996 Disaster loan areas: North Carolina, 53988 Truman, Harry S., Scholarship Foundation Puerto Rico, 53988 See Harry S. Truman Scholarship Foundation Virginia, 53988

Surface Mining Reclamation and Enforcement Office PROPOSED RULES Separate Parts In This Issue Indian lands program: Abandoned mine land reclamation plan— Part II Hopi Tribe, 53884–53886 Department of Transportation, Federal Aviation Administration, 53998–54012 Surface Transportation Board RULES Part III Practice and procedure: Environmental Protection Agency, 54014–54017 Rail rate reasonableness, exemption and revocation proceedings; expedited procedures Part IV Correction, 53996 Department of Transportation, Federal Aviation NOTICES Administration, 54020–54022 Motor carriers: Control exemptions— Grupo Centro, Inc., 53991–53992 Part V Rail carriers: Department of Education, 54024–54027 Waybill data; release for use, 53992 Railroad operation, acquisition, construction, etc.: Part VI Ormet Railroad Corp., 53992–53993 Environmental Protection Agency, 54030–54041

Tennessee Valley Authority Part VII NOTICES Department of the Interior, Fish and Wildlife Service, Environmental statements; availability, etc.: 54044–54060 Lignite Power Generation Facility, MS, 53988–53990 Part VIII Thrift Supervision Office Environmental Protection Agency, 54062–54066 NOTICES Agency information collection activities: Proposed collection; comment request, 53994–53995 Part IX The President, 54069–54075 Transportation Department See Federal Aviation Administration See Federal Highway Administration Reader Aids See Maritime Administration Additional information, including a list of public laws, See Surface Transportation Board telephone numbers, reminders, and finding aids, appears in NOTICES the Reader Aids section at the end of this issue. Agency information collection activities: Submission for OMB review; comment request, 53990– 53991 Electronic Bulletin Board Treasury Department Free Electronic Bulletin Board service for Public Law See Comptroller of the Currency numbers, Federal Register finding aids, and a list of See Internal Revenue Service documents on public inspection is available on 202–275– See Thrift Supervision Office 1538 or 275–0920. Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 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 40 CFR 9 (2 documents) ...... 53854, Proclamations: 54030 6936...... 53825 80...... 53854 6937...... 54069 82...... 54030 6938...... 54071 6939...... 54073 Proposed Rules: 6940...... 54075 64...... 53886 70...... 53886 5 CFR 71...... 53886 Ch. LVIII...... 53827 80...... 53886 140...... 54030 8 CFR 103...... 53830 43 CFR 235...... 53830 5470...... 53860 286...... 53830 Proposed Rules: 299...... 53830 2530...... 53887 12 CFR 46 CFR 264...... 53827 295...... 53861 327...... 53834 48 CFR Proposed Rules: 722...... 53996 327...... 53867 49 CFR 14 CFR 1111...... 53996 13...... 53998 50 CFR 16...... 53998 17...... 54044 71 (12 documents) ...... 53841, 648...... 53866 53842, 53843, 53844, 53845, 53847, 53848, 53849, 53850, Proposed Rules: 53851, 53996 227...... 53893 73...... 53852 91...... 54020 Proposed Rules: 71 (7 documents) ...... 53876, 53877, 53878, 53879, 53880, 53881, 53882 17 CFR 420...... 53996 21 CFR 177...... 53852 30 CFR Proposed Rules: 756...... 53884 34 CFR Proposed Rules: 400...... 54024 401...... 54024 402...... 54024 403...... 54024 406...... 54024 410...... 54024 411...... 54024 412...... 54024 413...... 54024 415...... 54024 421...... 54024 425...... 54024 426...... 54024 427...... 54024 428...... 54024 429...... 54024 460...... 54024 461...... 54024 464...... 54024 472...... 54024 477...... 54024 489...... 54024 490...... 54024 491...... 54024 35 CFR Proposed Rules: 133...... 53886 135...... 53886 53825

Federal Register Presidential Documents Vol. 61, No. 201

Wednesday, October 16, 1996

Title 3— Proclamation 6936 of October 10, 1996

The President General Pulaski Memorial Day, 1996

By the President of the United States of America

A Proclamation On October 11, we observe the 217th anniversary of the death of a great military hero from American history, General Casimir Pulaski. Every year on this date, Americans and Poles together honor this valiant soldier, who spent his life fighting for freedom on both sides of the Atlantic. General Pulaski’s life and career are a vivid reminder of the strong historical bonds between Poland and the United States. These bonds have been forged not only by the millions of Polish Americans who have helped make our country great, but also by our two countries’ shared dedication to the principles of liberty and independence. Pulaski, born into a family of nobles, first fought oppression at his father’s side, battling the forces of Prussia and Imperial Russia to preserve the liberty of his Polish homeland. Exiled by the Russians, he was recruited into the American colonies’ Continental Army by Benjamin Franklin and brought his bravery and passion for freedom to numerous battles during the Revolutionary War. General Pulaski sacrificed his life for the cause of liberty during the siege of Savannah as he protected American troops. In our own time, we have seen the Polish people follow the example of General Pulaski and renew their dedication to freedom—rebuilding their homeland in spite of Nazi oppression and, later, communist tyranny. Today, Poland has regained its sovereignty and fashioned a sturdy representative democracy. For Americans and Poles alike, Casimir Pulaski’s sacrifice for independence remains a model of courage and commitment that can stir us to reach new heights of democratic justice and liberty. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim Friday, October 11, 1996, as General Pulaski Memorial Day. I encourage Americans everywhere to commemorate this occasion with appropriate ceremonies and activities paying tribute to Casimir Pulaski and honoring all those who carry on his mission. IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of October, in the year of our Lord nineteen hundred and ninety-six, and of the Independence of the United States of America the two hundred and twenty-first. œ– [FR Doc. 96–26684

Filed 10–15–96; 8:45 am] Billing code 3195–01–P 53827

Rules and Regulations Federal Register Vol. 61, No. 201

Wednesday, October 16, 1996

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: that such consultation would be contains regulatory documents having general I. Background necessary if the interest was in a applicability and legal effect, most of which ‘‘holding company.’’ In fact, limiting the are keyed to and codified in the Code of On August 7, 1992, OGE published scope of the provision in this way was Federal Regulations, which is published under the Standards of Ethical Conduct for unintentional, as the employee should 50 titles pursuant to 44 U.S.C. 1510. Employees in the Executive Branch. See consult with the DAEO regarding 57 FR 35006–35067, as corrected at 57 The Code of Federal Regulations is sold by recusal if an otherwise prohibited the Superintendent of Documents. Prices of FR 48557, 57 FR 52583 and 60 FR interest is held in a bank or other entity, new books are listed in the first FEDERAL 51667, and amended at 61 FR 41162– not just in a holding company. For this REGISTER issue of each week. 41164 (as corrected at 61 FR 48733) and reason, the term ‘‘holding company’’ in 61 FR 50689–50691, with additional § 6801.103(d) of the proposed rule has grace period extensions at 59 FR 4779– been replaced with the term ‘‘entity’’ in FEDERAL RESERVE SYSTEM 4780, 60 FR 6390–6391, 60 FR 66857– the final rule. 66858, and 61 FR 40950–40952. The The second modification affects 5 CFR Chapter LVIII Executive Branch-wide Standards are § 6801.108. Proposed § 6801.108(a) now codified at 5 CFR part 2635. would have required a supervisory 12 CFR Part 264 Effective February 3, 1993, they employee who had knowledge that a established uniform ethical conduct member of his or her immediate family [Docket No. R±0900] standards applicable to all executive was employed by a depository branch personnel. institution to ‘‘report such employment RIN 3209±AA15 With the concurrence of OGE, 5 CFR to his or her supervisor and the Ethics 2635.105 authorizes executive agencies Office within thirty days of the Supplemental Standards of Ethical to publish agency-specific supplemental commencement of the supervisory Conduct for Employees of the Board of regulations necessary to implement employee’s employment at the Board or Governors of the Federal Reserve their respective ethics programs. On promptly upon learning of the System December 19, 1995, the Board, with employment relationship.’’ The Board OGE’s concurrence, published for AGENCY: Board of Governors of the has since concluded that imposing such comment a proposed rule to establish Federal Reserve System (Board). a reporting requirement on supervisory supplemental standards of ethical ACTION: Final rule. employees is unnecessary. Supervisory conduct for Board employees (60 FR employees will be asked to provide SUMMARY: The Board of Governors of the 65249–65254). The Board, with OGE’s concurrence determined that the certain information about their credit Federal Reserve System, with the relationships on an annual disclosure concurrence of the Office of proposed supplemental regulations were necessary to implement the form, and a space will be provided on Government Ethics (OGE), is issuing a this form for employees to disclose final rule establishing uniform Board’s ethics program successfully, in light of the Board’s unique programs information about their immediate standards of ethical conduct for family members’ employment by employees of the Board to supplement and operations. The proposed rule prescribed a 60- depository institutions. It is felt that this the Standards of Ethical Conduct for level of reporting is sufficient to serve Employees of the Executive Branch day comment period and invited comments from all interested parties. the purpose of notifying supervisors of issued by OGE. The regulation is a a possible need for disqualification. necessary supplement to the Executive The Board received no comments but has made two modifications to the rule Section 6801.108(b) in the proposed Branch-wide Standards because it regulation requiring a supervisory addresses ethical issues unique to the as proposed in adopting this final rule, with OGE concurrence. The first employee’s disqualification from a Board, establishing rules relating to: matter involving a depository institution financial interests and transactions; modification affects § 6801.103(d). Section 6801.103(a) prohibits a Board that employs a member of his or her borrowing and extensions of credit; employee and his or her spouse or immediate family has been renumbered employment relationships of immediate minor child from owning or controlling and is now § 6801.108. Otherwise, it family members; and outside any debt or equity interest in a remains unchanged. employment. The Board is also depository institution or its affiliates or replacing its old employee conduct II. Repeal of the Board’s Regulations on of a primary government securities regulation with a residual cross- Employee Responsibilities and Conduct dealer or its affiliates. Sections reference to the new provisions. 6801.103(b) and (c) provide limited The Board is also repealing its EFFECTIVE DATE: November 1, 1996. exceptions to this prohibition for regulations on the Responsibilities and FOR FURTHER INFORMATION CONTACT: Cary interests in certain nonbanking holding Conduct of Board Employees, 12 CFR Williams, Managing Senior Counsel, companies and their affiliates and for part 264, and adding a residual cross- Legal Division, Board of Governors of interests for which a waiver is issued. reference to the new provisions. the Federal Reserve System, telephone Paragraph (d) requires employees to III. Matters of Regulatory Procedure (202) 452–3295, FAX (202) 452–3101. consult with the Designated Agency For the hearing impaired only, Ethics Official (DAEO) concerning the Administrative Procedure Act Telecommunications Device for the Deaf need for recusal as a result of retaining The Board has found good cause (TDD), Dorothea Thompson (202) 452– an interest held due to an exception or pursuant to 5 U.S.C. 553(d)(3) for 3544. a waiver. The proposed rule provided waiving, as unnecessary and contrary to 53828 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations the public interest, the 30-day delayed CHAPTER LVIIIÐBOARD OF GOVERNORS beneficiary of an estate that has not been effective date requirement as to this OF THE FEDERAL RESERVE SYSTEM settled. final rule. The reason for this (c) Dependent child means an PART 6801ÐSUPPLEMENTAL determination is that the Board’s old employee’s son, daughter, stepson, or STANDARDS OF ETHICAL CONDUCT stepdaughter if: ethics rules regarding outside FOR EMPLOYEES OF THE BOARD OF employment and prohibited financial (1) Unmarried, under the age of 21, GOVERNORS OF THE FEDERAL and living in the employee’s household; interests will no longer be effective after RESERVE SYSTEM November 1, 1996 under OGE’s latest or grace period extension. It is important to Sec. (2) Claimed as a ‘‘dependent’’ on the employee’s income tax return. the Board’s ethics program that the new 6801.101 Purpose. (d) Depository institution means a part 6801 supplemental standards 6801.102 Definitions. 6801.103 Prohibited financial interests. bank, trust company, thrift institution, regulation take effect before that 6801.104 Speculative dealings. [Reserved] or any institution that accepts deposits, expiration date. In addition, this 6801.105 Prohibition on preferential terms including a bank chartered under the rulemaking is related to Board from regulated institutions. laws of a foreign country. management and personnel. 6801.106 Prohibition on supervisory (e) Employee means an officer or employees’ seeking credit from employee of the Board, including a Regulatory Flexibility Act institutions involved in work assignments. Board member. It does not include a The Board has determined under the 6801.107 Disqualification of supervisory special Government employee. Regulatory Flexibility Act (5 U.S.C. employees from matters involving (f) Primary government securities chapter 6) that this regulation will not lenders. dealer means a firm with which the have a significant economic impact on 6801.108 Restrictions resulting from Federal Reserve conducts its open a substantial number of small entities employment of family members. market operations. because it primarily affects Board 6801.109 Prior approval for compensated (g) Supervisory employee means an outside employment. employees and their families. employee who is a member of the Authority: 5 U.S.C. 7301; 5 U.S.C. App. professional staff at the Board with Paperwork Reduction Act (Ethics in Government Act of 1978); 12 responsibilities in the area of banking U.S.C. 244, 248; E.O. 12674, 54 FR 15159, 3 supervision and regulation. The Board has determined that the CFR, 1989 Comp., p.215, as modified by E.O. Paperwork Reduction Act (44 U.S.C. 12731, 55 FR 42547, 3 CFR, 1990 Comp., § 6801.103 Prohibited financial interests. chapter 35) does not apply because this p.306; 5 CFR 2635.105, 2635.403(a), (a) Prohibited interests. Except as 2635.502, 2635.803. regulation does not contain any permitted by this section, an employee, information collection requirements that § 6801.101 Purpose. or an employee’s spouse or minor child, require the approval of the Office of In accordance with 5 CFR 2635.105, shall not own or control, directly or Management and Budget. the regulations in this part supplement indirectly, any debt or equity interest in: (1) A depository institution or any of the Standards of Ethical Conduct for List of Subjects its affiliates; or Employees of the Executive Branch (2) A primary government securities 5 CFR Part 6801 found at 5 CFR part 2635. They apply dealer or any of its affiliates. to members and other employees of the (b) Exceptions. The prohibition in Conflict of interests, Government Board of Governors of the Federal paragraph (a) of this section does not employees. Reserve System (‘‘Board’’). apply to the ownership or control of a 12 CFR Part 264 § 6801.102 Definitions. debt or equity interest in the following: (1) Nonbanking holding companies. A Conflict of interests, Federal Reserve For purposes of this part: publicly traded holding company that: System. (a) Affiliate means any company that (i) Owns a bank and either the Dated: October 4, 1996. controls, is controlled by, or is under holding company or the bank is exempt common corporate control with another William W. Wiles, under the Bank Holding Company Act company. of 1956, 12 U.S.C. 1841 et seq., (for Secretary, Board of Governors of the Federal (b) (1) Debt or equity interest includes Reserve System. example, a credit card bank, a nonbank secured and unsecured bonds, bank or a grandfathered bank holding Approved: October 4, 1996. debentures, notes, securitized assets, company), and the holding company’s Stephen D. Potts, commercial paper, and preferred and predominant activity is not the Director, Office of Government Ethics. common stock. The term encompasses ownership or operation of banks and both current and contingent ownership thrifts; For the reasons set forth in the interests therein; any such beneficial or (ii) Owns a thrift and its predominant preamble, the Board, with the legal interest derived from a trust; any activity is not the ownership or concurrence with the Office of right to acquire or dispose of any long operation of banks and thrifts; or Government Ethics, is amending title 5 or short position in debt or equity (iii) Owns a primary government and chapter II of title 12 of the Code of interests; any interests convertible into securities dealer and its predominant Federal Regulations as follows: debt or equity interests; and any activity is not the ownership or options, rights, warrants, puts, calls, TITLE 5Ð[AMENDED] operation of banks, thrifts or securities straddles, and derivatives with respect firms. 1. A new chapter LVIII, consisting of thereto. (2) Mutual funds. A publicly traded or part 6801, is added to title 5 of the Code (2) Debt or equity interest does not publicly available mutual fund or other of Federal Regulations to read as include deposits; credit union shares; collective investment fund if: follows: any future interest created by someone (i) The fund does not have a stated other than the employee, his or her policy of concentration in the financial spouse, or dependent; or any right as a services industry; and Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53829

(ii) Neither the employee nor the § 6801.106 Prohibition on supervisory section, based on a determination that employee’s spouse exercises or has the employees' seeking credit from institutions participation in matters otherwise ability to exercise control over the involved in work assignments. prohibited by this section would not financial interests held by the fund or (a) Prohibition on supervisory create an appearance of loss of their selection. employee’s seeking credit. (1) A impartiality or use of public office for (3) Pension plans. A widely held, supervisory employee may not, on his private gain, and would not otherwise diversified pension or other retirement or her own behalf, or on behalf of his be inconsistent with the Office of fund that is administered by an or her spouse or child or anyone else Government Ethics’ Standards of Ethical independent trustee. (including any business or nonprofit Conduct for Employees of the Executive (c) Waivers. The Board’s Designated organization), seek or accept credit Branch (5 CFR part 2635) or prohibited Agency Ethics Official, in consultation from, or renew or renegotiate credit by law. with Division management, may grant a with, a depository institution or any of its affiliates if the institution or affiliate § 6801.107 Disqualification of supervisory written waiver permitting the employee employees from matters involving lenders. to own or control a debt or equity is a party to an application, enforcement action, investigation, or other particular (a) Disqualification required. A interest prohibited by paragraph (a) of supervisory employee may not this section if: matter involving specific parties pending before the Board and: participate by action, advice or (1) Extenuating circumstances exist, (i) The supervisory employee is recommendation in any application, such as that ownership or control was assigned to the matter; or enforcement action, investigation, or acquired: (ii) The supervisory employee is other particular matter involving (i) Through inheritance, gift, merger, aware of the pendency of the matter and specific parties to which a depository acquisition, or other change in corporate knows that he or she will participate in institution or its affiliate is a party if any structure, or otherwise without specific the matter by action, advice or of the following are indebted to the intent on the part of the employee, recommendation. depository institution or any of its spouse, or minor child to acquire the (2) The prohibition in paragraph (a)(1) affiliates: debt or equity interest; or of this section also applies for three (1) The employee; (ii) By an employee’s spouse as part months after the supervisory employee’s (2) The spouse or dependent child of of a compensation package in participation in the matter has ended. the employee; connection with the spouse’s (b) Credit sought by spouse and other (3) A company or business if the employment or prior to marriage to the related persons. A supervisory employee or the employee’s spouse or employee; employee must disqualify himself or dependent child owns or controls more herself from participating (by action, than 10 percent of its equity; or (2) The employee makes a prompt and (4) A partnership if the employee or advice or recommendation) in any complete written disclosure of the the employee’s spouse or dependent application, enforcement action, interest; child is a general partner. (3) The employee’s disqualification investigation or other particular matter (b) Exceptions—(1) Consumer credit from participating in any particular involving specific parties to which a on nonpreferential terms. matter having a direct and predictable depository institution or any of its Disqualification of a supervisory effect on the institution or any of its affiliates is a party as soon as the employee is not required by paragraph affiliates does not unduly interfere with supervisory employee learns that any of (a) of this section for the following types the full performance of the employee’s the following related persons are of indebtedness if payment on the duties; and seeking or have sought or accepted indebtedness is current and the (4) Granting the waiver would be credit from, or have renewed or indebtedness is on terms and conditions consistent with Division policy. renegotiated credit with, the depository offered to the public: (d) Disqualification. If an employee or institution or any of its affiliates while (i) Credit extended through the use of an employee’s spouse or minor child the matter is pending before the Board: a credit card; holds an interest in an entity under (1) The employee’s spouse or (ii) Credit extended through use of an paragraph (b)(1) or (c) of this section, dependent child; overdraft protection line; (2) A company or business if the the employee must consult the (iii) Amortizing consumer credit (e.g., employee or the employee’s spouse or Designated Agency Ethics Official in home mortgage loans, automobile dependent child owns or controls more order to determine whether the loans); and than 10 percent of its equity; or (iv) Credit extended under home employee must be disqualified from (3) A partnership if the employee, or participating in any particular matter equity lines of credit. the employee’s spouse or dependent (2) Indebtedness of a spouse or involving that entity or affiliate under child is a general partner. dependent child. Disqualification is not the conflicts of interest rules of the (c) Exception. The prohibition in required with respect to any Office of Government Ethics. paragraph (a) of this section and the indebtedness of the employee’s spouse § 6801.104 Speculative dealings. disqualification requirement in or dependent child, or a company, [Reserved] paragraph (b) of this section do not business or partnership in which the apply with respect to credit obtained spouse or dependent child has an § 6801.105 Prohibition on preferential through the use of a credit card or interest described in paragraphs (a)(3) terms from regulated institutions. overdraft protection on terms and and (a)(4) of this section, if: An employee may not accept a loan conditions available to the public. (i) The indebtedness represents the from, or enter into any other financial (d) Waivers. The Board’s Designated sole financial interest or responsibility relationship with, an institution Agency Ethics Official, after consulting of the spouse, child, company, business regulated by the Board, if the loan or with the relevant division director, may or partnership and is not derived from financial relationship is governed by grant a written waiver from the the employee’s income, assets or terms more favorable than would be prohibition in paragraph (a) of this activities; and available in like circumstances to section, or the disqualification (ii) The employee has no knowledge members of the public. requirement in paragraph (b) of this of the identity of the lender. 53830 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations

(c) Waivers. The Board’s Designated § 264.101 Cross-reference to employees' border POEs for which a fee may be Agency Ethics Official, after consulting ethical conduct standards and financial charged and collected for inspection with the relevant Division director, may disclosure regulations. services provided at land border POEs. grant a written waiver from the Employees of the Board of Governors The implementing regulation which disqualification requirement in of the Federal Reserve System (Board) established pilot programs for the paragraph (a) of this section using the are subject to the executive branch-wide charging of a land border user fee for authorization process set forth in the standards of ethical conduct at 5 CFR inspection services was published as an Office of Government Ethics’ Standards part 2635 and the Board’s regulation at interim rule by the Service on May 13, of Ethical Conduct at 5 CFR 5 CFR part 6801, which supplements 1991, at 56 FR 21917–21920. That 2635.502(d). the executive branch-wide standards, interim rule placed all eligibility and the executive branch-wide financial requirements, application processes, § 6801.108 Restrictions resulting from disclosure regulation at 5 CFR part and compliance requirements pertaining employment of family members. 2634. to inspection user fees in § 286.6. A supervisory employee may not [FR Doc. 96–26407 Filed 10–15–96; 8:45 am] On September 29, 1995, the Commissioner, Immigration and participate in any particular matter to BILLING CODE 6210±01±P which a depository institution or its Naturalization Service, published in the affiliate is a party if the depository Federal Register at 60 FR 50386–50399, an interim rule with request for institution or affiliate employs his or her DEPARTMENT OF JUSTICE spouse, child, parent or sibling unless comments by November 28, 1995. The the supervising officer, with the Immigration and Naturalization Service interim rule added a variety of border concurrence of the Board’s Designated inspection pilot projects to selected Agency Ethics Official, has authorized 8 CFR Parts 103, 235, 286 and 299 POEs on the northern and California- Mexico land borders, and moved the employee to participate in the [INS No. 1675±94] matter using the authorization process application and eligibility requirements set forth in the Office of Government RIN 1115±AD82 for those persons seeking to participate Ethics’ Standards of Ethical Conduct at in any of the pilot projects from 8 CFR 5 CFR 2635.502(d). Collection of Fees Under the Dedicated 286.8 to 8 CFR 235.13. Expanding and Commuter Lane Program; Port testing pilot projects on land borders § 6801.109 Prior approval for compensated Passenger Accelerated Service System facilitates the entry of low-risk, outside employment. (PORTPASS) Program legitimate border crossers, while still safeguarding the integrity of the United (a) Approval requirement. An AGENCY: Immigration and Naturalization States land borders. employee shall obtain prior written Service, Justice. No comments were received on the approval from his or her Division ACTION: Final rule. interim rule. However, the following director (or the Division director’s summarizes and explains the changes designee) and the concurrence of the SUMMARY: The Immigration and made in this final rule which clarify and Board’s Designated Agency Ethics Naturalization Service (Service) address practical issues which arose Official before engaging in compensated published an interim rule with request during implementation and operation of outside employment. for comments on September 29, 1995, the pilot program. (b) Standard for approval. Approval which allowed for implementation of PORTPASS Program Definitions— will be granted unless a determination additional land border inspection fee § 235.13(a)(1) is made that the prospective outside projects designed to facilitate the entry employment is expected to involve of identified, low-risk, legitimate border The effect of use of the PORTPASS conduct prohibited by statute or Federal crossers on the northern border. The Program by an alien participant was regulation, including 5 CFR part 2635 rule also allowed for the distinguished from use of the program and this part. implementation of a pilot dedicated by the U.S. citizen participant. Each commuter lane (DCL) to facilitate the time the alien uses the PORTPASS (c) Definition of employment. For entry of identified, low-risk, legitimate program he or she is making an ‘‘entry’’ purposes of this section, the term border crossers on the California-Mexico as defined by section 101(a)(13) of the compensated outside employment border. This final rule clarifies and Immigration and Nationality Act (Act), means any form of compensated non- better defines the interim rule, and as amended, a term which is not Federal employment or business addresses questions and practical issues applicable to U.S. citizens. relationship involving the provision of which arose during the operation of the In the definition under ‘‘DCL System personal services by the employee. It pilot dedicated commuter lane (DCL) on Costs Fee,’’ a vehicle fee was added to includes, but is not limited to, personal the California-Mexico border at the Otay cover the costs in certain situations of services as an officer, director, Mesa Port of Entry (POE). a participant registering more than one employee, agent, attorney, consultant, EFFECTIVE DATE: October 16, 1996. vehicle, and expiration dates were contractor, general partner, trustee, clarified. teacher or speaker. FOR FURTHER INFORMATION CONTACT: Robert A. Mocny, Assistant Chief Eligibility Requirements—§ 235.13(a)(3) TITLE 12ÐBANKS AND BANKING Inspector, Inspections Division, Additional notice is provided that CHAPTER IIÐFEDERAL RESERVE SYSTEM Immigration and Naturalization Service, criminal history databases will be 425 I Street, NW., Room 4064, 2. 12 CFR part 264 is revised to read accessed in order to determine an Washington, DC 20536, telephone (202) applicant’s program eligibility. as follows: 514–3019. Application—§ 235.13(a) (4) and (5) PART 264ÐEMPLOYEE SUPPLEMENTARY INFORMATION: The RESPONSIBILITIES AND CONDUCT provisions of Public Law 101–515, This paragraph was rewritten to allow dated November 5, 1990, authorized the for better organization and Authority: 5 U.S.C. 7301; 12 U.S.C. 244. establishment of pilot projects at land understanding of the application Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53831 procedure and its documentary Act. The clearance number for this for entry by the alien program requirements, including the requirement collection is contained in 8 CFR 299.5 participants on the date PORTPASS is to provide proof of vehicle insurance Display of control numbers. used. United States citizens who meet and registration. The name of the the eligibility requirements for List of Subjects application, Form I–823, is changed participation are subject to all rules, from ‘‘Application—Inspections 8 CFR Part 103 procedures, and conditions for use set Facilitation Program,’’ to, Administrative practice and forth in this section. ‘‘Application—Alternative Inspection procedures, Aliens, Authority (ii) Automated Permit Port (APP). A Services,’’ in order to identify better the delegations (Government agencies), POE designated by the Service to use of the application to the public. In Freedom of Information, Privacy Act, provide access to the United States by addition, paragraph (a)(4)(x) provides Reporting and record keeping an identified, low-risk, border crosser for reapplication for use of the lane requirements. through the use of automation when the following a denial only after a 90 day POE is not staffed. An APP has limited waiting period. Because the number of 8 CFR Part 235 hours of operation and is located at a applications accepted for the program Administrative practice and remote location on a land border. This may be limited, this rule will allow procedure, Aliens, Immigration, program is limited to the northern more persons to apply for the program. Passport and visas. border of the United States. Clarification is also provided in (iii) Dedicated commuter lane (DCL). paragraph (a)(5)(viii) that each occupant 8 CFR Part 286 A special lane set apart from the normal of a vehicle in the lane is responsible for Fees, Immigration, Reporting and flow of traffic at a land border POE the contents of the vehicle when passing record keeping requirements. which allows an accelerated inspection through the lane. for identified, low-risk travelers. This 8 CFR Part 299 program is limited to the northern Regulatory Flexibility Act Administrative practice and border of the United States and the The Commissioner of the Immigration procedure, Aliens, Forms, Immigration, California-Mexico border. and Naturalization Service, in Reporting and record keeping (iv) DCL system costs fee. A fee accordance with the Regulatory requirements. charged to a participant to cover the cost Flexibility Act (5 U.S.C. 605(b)), has Accordingly, the interim rule of the implementation and operation of reviewed this regulation and, by amending 8 CFR Parts 103, 235, 286, the PORTPASS system. If a participant approving it, certifies that the rule will and 299 which was published at 60 FR wishes to enroll more than one vehicle not have a significant economic impact 50386–50399 on September 29, 1995, is for use in the PORTPASS system, he or on a substantial number of small entities adopted as a final rule with the she will be assessed an additional because of the following factors. The following changes: vehicle fee for each additional vehicle rule applies to individuals, not small enrolled. Regardless of when the entities, and provides a clear benefit to PART 235ÐINSPECTION OF PERSONS additional vehicle is enrolled, the participants by allowing expeditious APPLYING FOR ADMISSION expiration date for use of that vehicle in passage through a POE. Although there 1. The authority citation for part 235 the DCL will be the same date that the is a fee charged for this service, continues to read as follows: respective participant’s authorized use participation is voluntary. of the lane expires, or is otherwise Authority: 8 U.S.C. 1101, 1103, 1182, 1183, revoked. Executive Order 12866 1201, 1224, 1225, 1226, 1227, 1228, 1252. (2) Designation of POEs for This rule is not considered by the 2. Section 235.13 is revised to read as PORTPASS access. The following Department of Justice, Immigration and follows: criteria shall be used by the Service in Naturalization Service, to be a the selection of a POE when classifying ‘‘significant regulatory action’’ under § 235.13 Automated inspection services. the POE as having PORTPASS access: Executive Order 12866, section 3(f), (a) PORTPASS Program—(1) (i) The location has an identifiable Regulatory Planning and Review, and Definitions—(i) Port Passenger group of low-risk border crossers; the Office of Management and Budget Accelerated Service System (ii) The institution of PORTPASS has waived its review process under (PORTPASS). A system in which certain access will not significantly inhibit section 6(a)(3)(A). ports-of-entry (POEs) are identified and normal traffic flow; designated by the Service as providing (iii) The POE selected for access via Executive Order 12612 access to the United States for a group a DCL has a sufficient number of Service The regulations proposed herein will of identified, low-risk, border crossers. personnel to perform primary and not have substantial direct effects on the Alien participants in the PORTPASS secondary inspection functions. States, on the relationship between the program are personally inspected, (3) General eligibility requirements for National Government and the States, or identified, and screened in advance of PORTPASS program applicants. on the distribution of power and approval for participation in the Applicants to PORTPASS must be responsibilities among the various program by an immigration officer, and citizens or lawful permanent residents levels of government. Therefore, in may apply to enter the United States of the United States, or nonimmigrants accordance with Executive Order 12612, through a dedicated commuter lane determined to be eligible by the it is determined that this rule does not (DCL) or through an automated permit Commissioner of the Service. Non- have sufficient federalism implications port (APP). Such advance inspection United States citizens must meet all to warrant the preparation of a and identification, when the enrolled applicable documentary and entry Federalism Assessment. participant satisfies the conditions and eligibility requirements of the Act. The information collection requirements set fourth in this section, Applicants must agree to furnish all requirement contained in this rule has satisfies the reporting requirements of information requested on the been cleared by the Office of § 235.1(a). Each successful use of application, and must agree to terms set Management and Budget under the PORTPASS constitutes a separate and forth for use of the PORTPASS program. provisions of the Paperwork Reduction completed inspection and application Use of the PORTPASS program 53832 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations constitutes application for entry into the An application for a replacement evidencing, criminal history and/or United States. Criminal justice PORTPASS card must be made on the evidence of criminality, purpose of information databases will be checked Form I–823, and filed with the fee travel, employment, residency, prior to assist in determining the applicant’s prescribed in § 103.7(b)(1). The district immigration history, possession of eligibility for the PORTPASS program at director having jurisdiction over the current driver’s license, vehicle the time the Form I–823, Application— POE where the applicant requests access insurance and registration, and vehicle Alternative Inspection Services, is may, in his or her discretion, waive the inspection. submitted. Criminal justice information application or replacement fee. (xi) Applications approved by the on PORTPASS participants will be (vi) If fingerprints are required to Service will entitle the applicant to seek updated regularly, and the results will assist in a determination of eligibility at entry via a designated PORTPASS be checked electronically at the time of that POE, the applicant will be so Program POE for a period of 1 year from each approved participant’s use of advised by the Service prior to the date of approval of the application PORTPASS. Notwithstanding the submitting his or her application. The unless approval is otherwise provisions of 8 CFR part 264, applicant shall also be informed at that withdrawn. An application for a fingerprints on Form FD–258 or in the time of the current Federal Bureau of replacement card will not extend the manner prescribed by the Service may Investigation fee for conducting a initial period of approval. be required. fingerprint check. This fee must be paid (5) By applying for and participating (4) Application. (i) Application for by the applicant to the Service before in the PORTPASS program, each PORTPASS access shall be made on any processing of the application shall approved participant acknowledges and Form I–823, Application—Alternative occur. The fingerprint fee may be not be agrees to all of the following: Inspection Services. Applications may waived. (i) The installation and/or use of, in be submitted during regular working (vii) Each applicant must present the vehicle approved for use in the hours at the principal Port-of-Entry himself or herself for an inspection and/ PORTPASS program, any and all decals, having jurisdiction over the Port-of- or positive identification at a time devices, technology or other designated by the Service prior to Entry for which the applicant requests methodology deemed necessary by the approval of the application. access. Applications may also be Service to ensure inspection of the (viii) Each vehicle that a PORTPASS submitted by mail. person(s) seeking entry through a DCL, (ii) Each person seeking PORTPASS participant desires to register in in addition to any fee and/or monetary access must file a separate application. PORTPASS must be inspected and (iii) The number of persons and approved by the Service prior to use in deposit assessed by the Service pending vehicles which can use a DCL is limited the PORTPASS system. Evidence of return of any and all such decals, numerically by the technology of the valid, current registration and vehicle devices, technology, and other system. For this reason, distribution of insurance must be presented to the methodology in undamaged condition. applications at each POE may be Service at the time the vehicle is (ii) That all devices, decals, or other limited. inspected. If the vehicle is not owned by equipment, methodology, or technology (iv) Applications must be supported the participant, the participant may be used to identify or inspect persons or by evidence of citizenship, and, in the required to present written permission vehicles seeking entry via any case of lawful permanent residents of from the registered owner authorizing PORTPASS program remains the the United States, evidence of lawful use of the vehicle in the PORTPASS property of the United States permanent resident status in the United program throughout the PORTPASS Government at all times, and must be States. Alien applicants required to registration period. surrendered upon request by the possess a valid visa must present (ix) An applicant, whether an Service. Each participant agrees to abide documentation establishing such occupant or driver, may apply to use by the terms set forth by the Service for possession and any other more than one vehicle in the DCL. The use of any device, decal, or other documentation as required by the Act at first vehicle listed on the Form I–823 equipment, method or technology. the time of the application, and must be will be designated as the applicant’s (iii) The payment of a system costs fee in possession of such documentation at primary vehicle. The second vehicle, if as determined by the Service to be the time of each entry, and at all times not designated by another applicant as necessary to cover the costs of while present in the United States. his or her primary vehicle, is subject to implementing, maintaining, and Evidence of residency must be the additional vehicle charge as operating the PORTPASS program. submitted by all applicants. Evidence of prescribed by the Service. (iv) That each occupant of a vehicle employment may be required to be (x) An application may be denied in applying for entry through PORTPASS furnished by the applicant. A current the discretion of the district director must have current approval from the valid driver’s license, and evidence of having jurisdiction over the POE where Service to apply for entry through the vehicle registration and insurance for the applicant requests access. Notice of PORTPASS program in that vehicle. the vehicle which will be occupied by such denial shall be given to the (v) That a participant must be in the applicant as a driver or passenger applicant. There is no appeal from the possession of any authorization when he or she uses the DCL or APP denial, but denial is without prejudice document(s) issued for PORTPASS must be presented to the Service prior to reapplying for this or any other access and any other entry document(s) to approval of the application. Service benefit. Re-applications, or as required by the Act or by regulation (v) A completed Form I–823 must be applications following revocation of at the time of each entry to the United accompanied by the fee as prescribed in permission to use the lane, will not be States. § 103.7(b)(1) of this chapter. Each considered by the Service until 90 days (vi) That a participant must positively PORTPASS applicant 14 years-of-age or have passed following the date of denial identify himself or herself in the manner older must complete the application and or revocation. Criteria which will be prescribed by the Service at the time of pay the application fee. Applicants considered in the decision to approve or each application for entry via the under the age of 14 will be required to deny the application include the PORTPASS. complete the application, but will not following: admissibility to the United (vii) That each use of PORTPASS be required to pay the application fee. States and documentation so constitutes a separate application for Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53833 entry to the United States by the alien authorization for participation in the (c) Judicial review. Nothing in this participant. program or at the time of sale unless section is intended to create any right or (viii) That each participant agrees to otherwise notified by the Service. If any benefit, substantive or procedural, be responsible for all contents of the license plates are replaced on an enforceable in law or equity by a party vehicle that he or she occupies when enrolled vehicle, the participant must against the Department of Justice, the using PORTPASS. submit a properly executed Form I–823, Immigration and Naturalization Service, (ix) That a participant may not import without fee, prior to use of the vehicle their officers or any employees of the merchandise or transport controlled or in the PORTPASS program. Department of Justice. restricted items using PORTPASS. The (xiv) That APP-approved participants entry of any merchandise or goods must who wish to enter the United States PART 286ÐIMMIGRATION USER FEE be in accordance with the laws and through a POE other than one regulations of all other Federal designated as an APP through which 3. The authority citation for part 286 inspection agencies. they may pass must present themselves continues to read as follows: (x) That a participant must abide by for inspection or examination by an Authority: 8 U.S.C. 1103, 1156; 8 CFR part all Federal, state and local laws immigration officer during normal 2. regarding the importation of alcohol or business hours. Entry to the United agricultural products or the importation States during hours when a Port of Entry 4. In § 286.8, a new paragraph (f) is or possession of controlled substances is not staffed may be made only through added to read as follows: as defined in section 101 of the a POE designated as an APP. § 286.8 Estabishment of pilot programs for Controlled Substance Act (21 U.S.C. (b) Violation of condition of the the charging of a land border fee for § 802). PORTPASS program. A PORTPASS inspection services. (xi) That a participant will be subject program participant who violates any * * * * * to random checks or inspections that condition of the PORTPASS program, or may be conducted by the Service at any who has violated any immigration law (f) Costs associated with the time and at any location, to ensure or regulation, or a law or regulation of administration of the Land Border compliance. the United States Customs Service or Inspection Fee account. (xii) That current vehicle registration other Federal Inspection Service, or who PART 299ÐIMMIGRATION FORMS and, if applicable, current permission to is otherwise determined by an use the vehicle in PORTPASS, and immigration officer to be inadmissible 5. The authority citation for part 299 evidence of current vehicle insurance, to the United States or ineligible to continues to read as follows: shall be in the vehicle at all times participate in PORTPASS, may have the during use of PORTPASS. PORTPASS access revoked at the Authority: 8 U.S.C. 1101, 1103; 8 CFR part 2. (xiii) Participant agrees to notify the discretion of the district director or the Service if a vehicle approved for use in chief patrol agent and may be subject to 6. Section 299.1 is amended by a PORTPASS program is sold, stolen, other applicable sanctions, such as revising the entry for the ‘‘Form I–823’’ damaged, or disposed of otherwise. If a criminal and/or administrative to read as follows: vehicle is sold, it is the responsibility of prosecution or deportation, as well as the participant to remove or obliterate possible seizure of goods and/or § 299.1 Prescribed forms. any identifying device or other vehicles. * * * * *

Form No. Edition date Title

******* I±823 ...... 9±10±96 ApplicationÐAlternative Inspection Services.

*******

7. Section 299.5 is amended by revising the entry for the Form ‘‘I–823’’ to read as follows: § 299.5 Display of control numbers. * * * * *

Currently assigned INS form No. OMB INS form title control OMB No.

******* I±823 ...... ApplicationÐAlternative Inspection Services ...... 1115±0174

******* 53834 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations

Dated: September 27, 1996. Division of Research and Statistics; which the special assessment will be Doris Meissner, Richard Osterman, Senior Counsel, applied for certain institutions; (2) the Commissioner, Immigration and (202) 898–3523, or Jules Bernard, Funds Act grants exemptions to certain Naturalization Service. Counsel, Legal Division, (202) 898– specifically defined institutions; and (3) [FR Doc. 96–26580 Filed 10–11–96; 11:48 3731; Federal Deposit Insurance the Funds Act also provides the Board am] Corporation, 550–17th St., N.W., with the authority to exempt weak BILLING CODE 4410±10±M Washington, D. C. 20429. institutions from paying the special assessment if the Board determines that SUPPLEMENTARY INFORMATION: such an exemption would reduce risk to FEDERAL DEPOSIT INSURANCE I. The Final Rule the SAIF. CORPORATION The final rule imposes a special 1. 20 Percent Discounts assessment on all institutions that pay 12 CFR Part 327 assessments to the SAIF, but allows When calculating the amount of RIN 3064±AB93 discounts for certain institutions, and special assessment for certain exempts others. The final rule also institutions, those institutions’ SAIF- Assessments reduces the adjusted attributable deposit assessable deposits, determined as of amounts (AADAs) of certain Oakar March 31, 1995, are decreased by 20 AGENCY: Federal Deposit Insurance banks: banks that belong to the Bank percent. Corporation (FDIC). Insurance Fund (BIF), but hold deposits Section 2702(h) of the Funds Act ACTION: Final rule. that are treated as insured by the SAIF provides the discount to the following pursuant to the Oakar Amendment, 12 SUMMARY: The Deposit Insurance Funds Oakar banks: U.S.C. 1815(d)(3). Act of 1996 (Funds Act) requires the —Any Oakar bank that, as of June 30, 1995, FDIC to impose a special assessment on A. The Special Assessment had an AADA that was less than half of its total domestic (and therefore assessable) institutions holding deposits subject to The Funds Act, Pub. L. 104–208, 110 deposits. Id. section 2702(h)(1)(A). assessment by the Savings Association Stat. 3009 et seq., requires the FDIC’s Insurance Fund (SAIF). The Funds Act —Any Oakar bank that met all the following Board of Directors (Board) to impose a conditions as of June 30, 1995: it had more mandates that the special assessment special assessment on all institutions increase the SAIF’s net worth as of than $5 billion in total assessable deposits; that hold SAIF-assessable deposits—that it had an AADA that was less than 75 October 1, 1996 to 1.25 percent of SAIF- is, on SAIF-member institutions, and on percent of that amount; and it belonged to insured deposits. Oakar banks—in an amount sufficient to a bank holding company system that, in The Funds Act requires the FDIC to increase the Savings Association the aggregate, had more BIF-insured determine the amount of the special Insurance Fund reserve ratio (SAIF deposits than SAIF-insured deposits. Id. assessment based on the most recently reserve ratio) 1 to the designated reserve section 2702(h)(1)(B). calculated SAIF balance (August 31, 2 ratio (DRR) of 1.25 percent as of Section 2702(j) of the Funds Act 1996) and insured deposit data reported October 1, 1996. Funds Act section in the most recent quarterly reports of provides the same discount to the 2702(a); see 12 U.S.C. 1817(b)(2)(a)(4). following ‘‘converted’’ institutions: condition filed not later than 70 days The Funds Act requires the special before enactment (reports as of March assessment to be applied against the —A SAIF-member federal savings association 31, 1996, filed April 30, 1996). The SAIF-assessable deposits held by that had no more than $4 billion of SAIF- special assessment will be collected on institutions as of March 31, 1995. If an assessable deposits as of March 31, 1995, and that had been, or is a successor to, an November 27, 1996. This assessment, institution that held deposits on that institution that used to be a state savings which the FDIC estimates to be 65.7 date has transferred the deposits to basis points, is required to be applied bank insured by the FDIC prior to August another institution after March 31, 1995, 9, 1989, and that converted to a federal against SAIF-assessable deposits which and is no longer an insured institution generally were held by institutions as of savings association pursuant to section 5(i) on November 27, 1996 (the collection of the Home Owners’ Loan Act before March 31, 1995. date for the special assessment), the January 1, 1985. Id. section 2702(j)(2)(A). The final rule provides for certain transferee institution is deemed to have —A state-chartered SAIF member that had discounts and exemptions related to the held the transferred deposits as of been a state savings bank prior to October special assessment. In addition, the March 31, 1995, and must pay the 15, 1982, and that was a federal savings FDIC is establishing guidelines for assessment due on them. See Funds Act association on August 9, 1989. Id. section identifying institutions classified as section 2710(8)(B). 2702(j)(2)(B). ‘‘weak’’, and therefore exempt from the The Board is also required to take the —An insured bank that was established de novo in order to acquire the deposits of a special assessment. The final rule also following exemptions and adjustments adjusts the base for computing the savings association in default or in danger into account in determining the amount of default, that did not open for business regular semiannual assessments paid by of the special assessment: (1) The Funds certain institutions, in accordance with before acquiring the deposits of such Act decreases by 20 percent the amount savings association, and that was a SAIF the Funds Act. of SAIF-assessable deposits against member as of the date of enactment of the EFFECTIVE DATE: October 8, 1996. Funds Act. Id. section 2702(j)(2)(C). FOR FURTHER INFORMATION CONTACT: 1 The Savings Association Insurance Fund reserve —A ‘‘Sasser bank’’—that is, a bank that Stephen Ledbetter, Chief, Assessments ratio is the ratio of SAIF’s net worth to aggregate converted its charter from a savings SAIF-insured deposits. 12 U.S.C. 1817(l)(7). association to a bank, yet remained a SAIF Evaluation Section, Division of 2 The DRR is a target ratio that has a fixed value Insurance (202) 898–8658; Allan Long, member in accordance with the Sasser for each year. The value is either (i) 1.25 percent, Amendment, 12 U.S.C. 1815(d)(2)(G)—that Assistant Director, Division of Finance, or (ii) such higher percentage as the Board underwent the conversion before December (202) 416–6991; Cary Hiner, Associate determines to be justified for that year by circumstances raising a significant risk of 19, 1991, and that increased its capital by Director, Division of Supervision, (202) substantial future losses to the fund. Id. more than 75 percent in conjunction with 898–6814; James McFadyen, Senior 1817(b)(2)(A)(iv). The Board has not increased the the conversion. Funds Act section Financial Analyst, (202) 898–7027, DRR for the SAIF. 2702(j)(2)(D). Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53835

2. Exemptions the purpose of section 2(f) of the Funds already paid for the second semiannual Section 2702(f)(3) of the Funds Act Act. The special assessment would period of 1996. The information will grants exemptions from the special deplete such an institution’s resources only pertain to the question whether an assessment to the following institutions: even further: it would diminish the institution is obliged to pay—or is institution’s capital, lower its earnings, exempt from paying—the special —A savings association that was in existence and reduce its liquidity. Accordingly, assessment, without regard for the on October 1, 1995, but held no SAIF- assessable deposits prior to January 1, the Board has generally determined to institution’s current classification. 1993. An institution is ‘‘deemed to have exempt all such institutions from the The Board believes that it is possible held SAIF-assessable deposits prior to special assessment, on the ground that to adopt this approach because, as a January 1, 1993’’ if the institution directly doing so would reduce the risk to the practical matter, only a few institutions held such deposits prior to that date, or if SAIF. are likely to present issues that require the institution succeeded to, acquired, Guideline #2. The special assessment the use of such data. The Board is purchased, or otherwise held any SAIF- could itself cause some institutions to pledging that the FDIC will work closely assessable deposits as of the date of meet the standards of capital group 3, and intensively with each affected enactment of the Funds Act that were and thereby present a significant risk of SAIF-assessable deposits prior to January institution to determine the institution’s 1, 1993. Id. section 2702(f)(3)(A)(i); see id. loss to the SAIF for the purpose of classification for purposes of the special section 2702(f)(3)(B). section 2(f) of the Funds Act. The Board assessment. —A federal savings bank that was established has generally determined to exempt The Board recognizes that in a de novo in April 1994, in order to acquire these institutions as well, on the same particular case an institution may meet the deposits of a savings association that ground. the standards for classification in capital was in default or in danger of default, if the (3) Guideline #3: Institutions rated 4 group 3 as a formal matter, but may acquiring federal savings bank received or 5. If an institution’s composite rating nevertheless be capable of paying the minority interim capital assistance from by its primary supervisor is 4 or 5, the special assessment. If such an the Resolution Trust Corporation under institution may request the FDIC to section 21A(w) of the Federal Home Loan institution prefers to pay, and if the Bank Act, 12 U.S.C. 1441a(w), in consider whether it would be DOS Director considers that doing so connection with the acquisition. Funds Act appropriate to exempt the institution will not materially increase the risk to section 2702(f)(3)(A)(ii). from the special assessment. Such an the SAIF, the institution will be —A SAIF-insured savings association that, institution is regarded as ‘‘weak’’ if the permitted to make the payment. prior to January 1, 1987, was chartered as institution would, after having paid the The Funds Act specifies that the a federal savings bank insured by the assessment, present a significant risk of Board must exempt weak institutions Federal Savings and Loan Insurance loss to the SAIF for the purpose of ‘‘by order’’. Id. section 2702(f)(1). The Corporation for the purpose of acquiring all section 2(f) of the Funds Act. The Board Board regards the action of issuing or substantially all of the assets and has determined to exempt such assuming all or substantially all of the exemption orders as a ministerial institutions for the reason given with function, and is delegating authority to deposit liabilities of a national bank in a # # transaction consummated after July 1, respect to Guidelines 1 and 2. take such action to the DOS Director 1986, and that, as of the date of the The Board is delegating authority to under these guidelines. transaction, had assets of less than administer these guidelines to the Section 2702(f)(2) of the Funds Act $150,000,000. Id. section 2702(f)(3)(A)(iii). Director of the FDIC’s Division of requires the FDIC to publish the Supervision (DOS Director). The DOS 3. Weak institutions guidelines in the Federal Register. The Director will examine and evaluate the FDIC is fulfilling this requirement by Section 2702(f)(1) of the Funds Act circumstances of each institution that is publishing the guidelines in connection gives the Board authority to grant an initially regarded as ‘‘weak’’, taking into with this rulemaking proceeding. The exemption to any institution that the account all relevant information FDIC is presenting the guidelines as an Board determines to be ‘‘weak’’, if the currently available to the FDIC. The appendix to subpart C of part 327 of its Board determines that the exemption DOS Director will begin by looking to assessment regulation, as added by this would reduce risk to the SAIF. Section the institution’s current assessment risk final rule. 2702(f)(2) of the Funds Act requires the classification: that is, its risk Board to prescribe guidelines that set classification for the second semiannual 4. Payments by Exempt Institutions forth the Board’s criteria for determining period of 1996 (which has determined Certain exempt institutions—‘‘weak’’ whether an institution is ‘‘weak’’. its assessment rate for the regular institutions, and those listed in section Accordingly, the FDIC is adopting the semiannual assessment for that period). 2702(f)(3) of the Funds Act (see I.A.2 following guidelines. The first two The DOS Director will use later and 3, supra)—must continue to pay guidelines refer to the assessment risk financial information, where available, regular semiannual assessments to the classifications set forth in part 327, for the limited purpose of ascertaining SAIF according to the rate-schedule that which are used to determine the regular whether an institution meets the criteria was in effect for SAIF assessments on semiannual assessments that insured set forth in the guidelines.3 June 30, 1995.4 Id. section 2702(f)(4)(A). institutions pay under the FDIC’s risk- This later information will have no Any such institution must do so through based assessment system. The third bearing on an institution’s current the end of 1999, or until it makes a pro- guideline refers to the supervisory assessment risk classification, or on the ratings issued by the federal supervisory regular semiannual assessment it has 4 Section 2703 of the Funds Act provides that, for agencies. semiannual periods beginning after December 31, Guideline #1. If a SAIF-member 3 The FIDC has a formal procedure pursuant to 1996, amounts authorized to be assessed by the institution or an Oakar bank has so little which an institution may request a review of its SAIF will not be reduced by amounts assessed by current assessment risk classification. See 12 CFR the FICO. Accordingly, the SAIF assessment for the capital that it currently meets the 327.4(d). An institution must invoke the procedure first semiannual period of 1997 will be separate standards for capital group 3 within 30 days after receiving the invoice for the from, and in addition to, the assessment imposed (‘‘undercapitalized’’) pursuant to section first quarterly payment for the current semiannual by the FICO. The alternative reading would have 327.4(a)(1)(iii) of the FDIC’s regulations, period, however. No institution in capital group 3 the anomalous result that exempt institutions in the has done so, however, and the deadline has passed. highest risk category would pay lower overall the institution generally presents a As a result, the procedure is not available in semiannual assessments than comparable non- significant risk of loss to the SAIF for connection with the special assessment. exempt institutions. 53836 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations rata payment of the special assessment. The resulting reserve ratio is .60 the deposits of individual institutions, The pro-rata payment must be equal to percent. In order to raise the ratio to and re-evaluations of individual the following product: 16.7 percent of 1.25 percent, the special assessment institutions’ eligibility for exemption the amount the institution would have must collect an additional $4.5 billion. from the special assessment, and that owed for the special assessment, Assessable base. The FDIC must raise such revisions or re-evaluations could multiplied by the number of full this amount by assessing the SAIF- cause adjustments to be made in the semiannual periods remaining between assessable deposits that institutions data used to compute the aggregate the date of the payment and December held (or, in the case of certain amount of the special assessment. The 31, 1999. Id. section 2702(f)(4)(B). transferees, are deemed to have held) as FDIC does not anticipate that any such An exempt institution must pay the of March 31, 1995 ($726.2 billion). Id. adjustments will be so large as to affect regular assessment (at the June 30, 1995, section 2702(c). After adjusting for the materially the aggregate amount needed rates) for the first semiannual period of estimated $36.8 billion decrease in the or the resulting rate, however. If an 1997. An exempt institution may make SAIF-assessable deposits of institutions adjustment is needed, the FDIC will a pro-rata payment in any calendar year receiving the 20 percent discount,6 and announce the adjustment and the from 1997 through 1999, and thereby the $4.0 billion in SAIF-assessable resulting rate on November 13, 1996, become subject to the rate-schedule deposits of exempted institutions,7 the when the FDIC mails out the invoices applicable to non-exempt institutions. amount of SAIF-assessable deposits as for the special assessment. of March 31, 1995, subject to the special The Funds Act specifies that any such 6. Collection Procedures payment is to be made ‘‘upon such assessment is estimated to be $685.4 terms as the FDIC may announce’’. Id. billion. The FDIC expects to send, section 2702(f)(4)(B). The FDIC expects Resulting rate. The special assessment immediately after adoption of this final to specify appropriate terms in the rate is determined by dividing the rule, a letter to all SAIF members and invoice for the special assessment. amount needed ($4.5 billion) by the all Oakar banks. The letter will describe adjusted SAIF- assessable deposits as of the procedures that the FDIC will follow 5. Computing the Assessment Rate March 31, 1995. The resulting rate is in determining and collecting the The Funds Act requires the FDIC to 65.7 basis points (0.657 percent). special assessment from the institutions. impose the special assessment in The FDIC recognizes that—in The FDIC expects to contact accordance with the FDIC’s regulations principle—there could be revisions in immediately any institution that governing assessments. The FDIC will initially appears to meet the standards semiannual period of 1997 and thereafter. See 12 for classification in capital group 3; any accordingly determine the aggregate U.S.C. 1815(d)(3)(K). amount of the special assessment, and institution that might, in the FDIC’s The assessments for that first period are based on judgment, do so if the institution were will compute the particular amount that the institutions’ reports of condition for the second to pay the special assessment; and any each institution must pay, just as if the semiannual period of 1996, however: the deposits in these reports therefore reflect the lower AADAs institution rated composite 4 or 5 by its assessment were a regular semiannual that the institutions have with respect to the prior primary supervisor. assessment (except insofar as the Funds semiannual period (that is, the second semiannual Together with the letter, the FDIC Act specifically prescribes another period of 1996). expects to mail to each institution a methodology). The FDIC considers that it is appropriate to statement showing the estimated Amount needed. For the purpose of regard the AADAs of these institutions as having been likewise reduced for insurance purposes on amount of the special assessment that computing the special assessment, the the effective date of the Funds Act. In this respect, the institution must pay, together with FDIC is required to use the SAIF’s most the final rule maintains the relationship between an explanation of the way the FDIC recent monthly balance as the the AADA for a semiannual period (which determines the assessment for that period) and the calculated the amount. In the case of numerator for the reserve ratio. Id. AADA with respect to the prior semiannual period institutions that initially appear to be section 2702(b)(1). On August 31, 1996 (which determines the allocation of loss between ‘‘weak’’, the FDIC expects to transmit (the date for the most recent monthly the BIF and the SAIF if an Oakar institution fails the statement in a more expeditious balance) the SAIF had a balance of $4.1 in that prior semiannual period, and which can be affected immediately by certain changes such as manner. billion. acquisitions of secondary-fund deposits). Institutions will have until November The Funds Act requires the FDIC to The Funds Act directs the FDIC to determine the 1, 1996, to review the statement. If an use the amount of SAIF-insured denominator of the reserve ratio for October 1, 1996, by using the aggregate volume of deposits institution believes the assessed amount deposits as reported in the most recent reported in the quarterly reports of condition for the is incorrect, the institution may provide reports of condition filed not later than first quarter of 1996. In accordance with section whatever information may be necessary 70 days before the date of enactment of 2702(b)(3) of the Funds Act, which authorizes the to correct it. For example, if the FDIC the Funds Act as the denominator for Board to consider ‘‘any other factors that the Board of Directors deems appropriate’’, the FDIC has has improperly failed to identify an calculating the reserve ratio. Id. section determined to reduce the aggregate volume so institution that is exempt from the 2702(b)(2). The relevant filing date is reported by 20 percent, in order to reflect the lower special assessment, or one that is insurance liability experienced by the SAIF as of April 30, 1996, which is the filing date eligible for a reduction in the base on for the reports of condition for the first October 1, 1996. The reduction is $28.2 billion. 6 The Funds Act discounts SAIF-insured deposits which its special assessment is to be calendar quarter of 1996. After adjusting of certain BIF-member Oakar banks by 20 percent, computed, the institution will have for the 20 percent decrease in the SAIF- or $34.4 billion. Id. section 2702(h)(1). It also until the start of November to bring the discounts the deposits of certain ‘‘converted assessable deposits of certain Oakar matter to the FDIC’s attention. If the banks, which the FDIC estimates to be associations’’ by 20 percent, or $2.4 billion. Id. section 2702(j). matter cannot be resolved before the $28.2 billion, the amount of SAIF- 7 The Funds Act exempts certain institutions from final invoice for the special assessment insured deposits as of March 31, 1996 the special assessment, removing an estimated $400 is sent out, the institution will be million from the SAIF assessment base. Id. section was $688.1 billion. Id. section required to pay the invoiced amount, 2702(h)(1).5 2702(f)(3). It also authorizes the Board to exempt institutions that the Board classifies as ‘‘weak’’. The which will be subject to adjustment (if Board has established criteria for making that necessary) after a final determination is 5 Section 2702(i)(2) of the Funds Act reduces the determination; several institutions satisfy those AADAs of certain Oakar banks permanently by 20 criteria, and have been exempted. As a result, an made. percent for the purpose of computing the estimated $3.6 billion is removed from the SAIF In addition, during this interval each institutions’ regular assessments for the first assessment base. Id. section 2702(f)(1) and (2). institution that the FDIC has initially Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53837 identified as ‘‘weak’’ may ask for a contemplates the use of current data for The final rule amends part 327 to review of that status, and may provide this purpose. incorporate this statutory change. additional documentation to the FDIC to The Board has chosen March 31, II. Effective Date support its request for reclassification. 1997, as the appropriate date for the The FDIC expects to inform any such second installment. This date is The final rule is effective upon institution promptly of the FDIC’s final ‘‘practicable’’ because institutions make enactment by the Board. The FDIC is determination. a regular quarterly payment on that choosing to make the rule effective The FDIC expects to send out invoices date. The FDIC will be able to adapt its immediately, and not upon publication to all affected institutions on November regular assessment procedures to the in the Federal Register, because the 13, 1996. collection of the second installment, Funds Act directs the Board to impose Institutions will pay the special thereby minimizing inconvenience both the special assessment, and further assessment by the same means as they to the FDIC and to the institution. specifies that the special assessment is pay their regular semiannual Moreover, it is the first such date that to be ‘‘due’’ on October 1. The FDIC assessments—that is, through the is more than 15 days after the December wishes to issue invoices to institutions accounts they have designated for that 31, 1996, assessment-base determination promptly; the rule provides the purpose. Each institution must fund its day. foundation for the invoices. designated account with enough money An electing institution must also pay For the reasons given below, the FDIC to pay the amount specified in its a supplemental special assessment at has determined that it is impracticable invoice. The FDIC will debit each the same time as it pays the second and unnecessary, and contrary both to institution’s designated account on installment. The supplemental amount public interest and to the intent of the November 27, 1996. is computed as follows: the FDIC must Funds Act, to incur the delay that the determine whether the institution’s ordinary process of notice and public 7. Institutions Facing Hardship SAIF-assessable deposits have comment would entail. In addition, the Section 2702(g) of the Funds Act decreased from March 31, 1995, to the FDIC has further determined for the allows certain institutions to elect to December 31, 1996, assessment-base reasons given below that there is good pay the special assessment in two determination day, and if so, by how cause for the rule to be made installments. The FDIC must consent to much; multiply the amount of the immediately effective, and not after a the election. decrease by 95 percent; and then 30-day delay following publication of In order to be eligible to make the multiply the result by one-half the rate the final rule. The FDIC is therefore election, either the institution itself or for the special assessment. issuing this rule without notice and the depository institution holding public comment (see 5 U.S.C. company that controls the institution B. Permanent Reduction in AADAs for 553(b)(3)(B)) or a delayed effective date must be subject to terms or covenants in Certain Oakar Banks (see id. 553(d)(3)(C)). debt obligations or preferred stock Section 2702(i) of the Funds Act The FDIC considers that it is outstanding on September 13, 1995. The makes a permanent change in the impracticable—and contrary to the FDIC must then determine whether computation of the AADAs of certain public interest and to the intent of payment of the entire special Oakar banks. The general rule is that the Congress—to incur either one of the assessment on November 27 would pose initial component of an Oakar bank’s delays because the short deadlines a significant risk of causing the AADA is equal in value to the amount prescribed by the Funds Act. The Funds depository institution or its depository of SAIF-insured deposits that the Oakar Act requires the Board to impose a institution holding company to default bank acquires from another institution special assessment which is to be due on or to violate any of these terms or pursuant to the Oakar Amendment. on October 1, 1996, and which is covenants. Section 2702(i) of the Funds Act payable not later than November 29, If the institution meets these criteria, specifies that, for certain Oakar banks, 1996 (sixty days after the date of the FDIC must decide whether to grant the amount of such deposits used to fix enactment of the Funds Act); requires its approval. The FDIC will base its that initial component is to be reduced the FDIC to allow certain discounts and decision on the entire circumstances of by 20 percent in the case of transactions exemptions from the special assessment; the proposed election, including but not occurring on or before March 31, 1995. and permits the FDIC to exempt ‘‘weak’’ limited to the election’s effects on the The effect of the change is to reduce institutions from the special assessment. institution, on the SAIF, and on the the AADAs of the affected Oakar banks In order to comply with these directives, public interest. prospectively and permanently. The the FDIC must undertake a number of If an institution receives approval to change applies for the purpose of administrative tasks that are mechanical make the election, the institution must computing regular semiannual in nature: computing each institution’s pay the first installment on November assessments for the first semiannual assessment; notifying the institution of 27. The first installment is equal to half period of 1997 and thereafter. the amount to be paid, and date of the special assessment the electing The change affects any Oakar bank payment; allowing institutions time to institution would otherwise have to pay. that, as of June 30, 1995, either: consider and perhaps question the The second installment is 51 percent amount; resolving questions not —had an AADA that was less than 50 percent of the amount computed by applying of the institution’s deposits of that involving material disagreements; and the rate for the special assessment to the institution as of June 30, 1995, see FDI Act arranging for the collection of the electing institution’s SAIF-assessable section 5(d)(3)(K)(i), 12 U.S.C. assessments through the payments deposits either as of March 31, 1996, or 1815(d)(3)(K)(i); or system. These tasks require careful as of such other date as the Board may —had more than $5 billion in total assessable preparation and time for proper determine. The Board has determined to deposits, had an AADA that was less than execution. It would not be possible for apply the rate to the institution’s SAIF- 75 percent of its total assessable deposits, the FDIC to carry out this mandate and belonged to a bank holding company assessable deposits as of December 31, system that, in the aggregate, had more within the prescribed deadline if the 1996, on the ground that it is preferable BIF-insured deposits than SAIF-insured final rule were subjected either to the to use current data for the second deposits, see FDI Act section 5(d)(3)(K)(ii), notice-and-comment process or to a installment. The Funds Act evidently 12 U.S.C. 1815(d)(3)(K)(ii). delayed effective date. 53838 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations

The FDIC further considers that it is qualify as weak institutions under the institution to incur any ancillary costs unnecessary to seek prior notice and guidelines, and also all other of compliance—such as the need to comment on the rule—and to incur the institutions that would initially appear develop new recordkeeping or reporting delay thereof—because the FDIC is to so qualify upon payment of the systems, to seek out the expertise of already in full possession of the special assessment. The FDIC will not specialized accountants, lawyers, or information needed to determine the present identical questions to the managers—that might cause amount of the assessment and the rate subject institutions, however, but will disproportionate harm to small entities. that is needed to raise that amount.8 The rather conduct an informal inquiry As a result, the purposes and objectives Funds Act further gives the Board ‘‘sole regarding the condition of the particular of the RFA are not affected, and neither discretion’’ to exempt institutions that institution. Accordingly, the FDIC is not an initial nor a final regulatory the Board classifies as ‘‘weak’’. Id. engaging in a ‘‘collection of flexibility analysis is required. section 2702(f)(1). Accordingly, the information’’ within the meaning of the V. Riegle Community Development and notice-and-comment procedure would Paperwork Reduction Act of 1995. See Regulatory Improvement Act of 1994 not serve any useful purpose. 44 U.S.C. 3502(3). The delayed effective date is also Section 302(b) of the Riegle IV. Regulatory Flexibility Act unnecessary, and, therefore, good cause Community Development and exists for dispensing with the The Regulatory Flexibility Act (RFA), Regulatory Improvement Act of 1994 requirement. The purpose of the delay 5 U.S.C. 601 et seq., does not apply to requires that, as a general rule, new and is to give affected parties time to prepare the final rule. The RFA only applies to amended regulations that impose for the rule’s coming into effect and take rulemaking for which notice and additional reporting, disclosure, or other whatever action they deem necessary. In comment are required. See id. section new requirements on insured depository this case, the only requirement imposed 603 and 604. For the reasons given institutions shall take effect on the first by the rule on affected parties is the above, the Administrative Procedure day of a calendar quarter. See 12 U.S.C. payment of money. The final rule is Act (id. 553) does not require notice of 4802(b). This restriction is inapplicable being issued more than 30 days before proposed rulemaking; no other to the final rule, which does not impose the payment is due, and provides the provision of law does so either. such additional or new requirements. Furthermore, the RFA’s definition for equivalent of a 30-day delayed effective VI. Congressional Review date. Although the rate is subject to the term ‘‘rule’’ excludes ‘‘a rule of adjustment before final invoices are sent particular applicability relating to The FDIC is submitting a report to out, any such adjustment is expected to rates’’. Id. 601(2). The FDIC considers each House of the Congress and to the be limited and will be announced 14 that the exclusion governs the final rule, Comptroller General with respect to the days before the special assessment is because the final rule implements final rule in conformity with the collected. Moreover, specific provision Congress’ command to impose a one- procedures specified in 5 U.S.C. 801. is made in the rule for institutions for time special assessment on SAIF- The FDIC is submitting the report which payment might present a assessable institutions. The RFA’s voluntarily and not under compulsion problem. Finally, delaying the effective requirements regarding an initial and of the statute, however. The term date would be counterproductive since final regulatory flexibility analysis (id. ‘‘rule’’—as that term is used in section it would preclude the FDIC from sectio603 and 604) do not apply on this 801—excludes ‘‘any rule of particular sending out the invoices at the earliest ground as well. applicability, including a rule that possible date and giving affected parties Finally, the RFA’s legislative history proves or prescribes for the future the maximum amount of time to arrange indicates that its requirements are rates * * * .’’ Id. 804(3). The FDIC for payment. inappropriate to this proceeding. The considers that the final rule is governed The Funds Act also makes a RFA focuses on the ‘‘impact’’ that a rule by this exclusion, because the final rule permanent change in the method for will have on small entities. The implements Congress’ command to determining the initial component of legislative history shows that the impose a one-time special assessment the AADAs of certain Oakar banks. Id. ‘‘impact’’ at issue is a differential on SAIF-assessable institutions. section 2702(i); see 12 U.S.C. impact—that is, an impact that places a Accordingly, the requirements of id. 1815(d)(3)(K). The final rule disproportionate burden on small sections 801–808 do not apply. incorporates the change into the FDIC’s businesses: In any case, for the reasons given above regarding the need for notice and assessment regulation. This aspect of Uniform regulations applicable to all the final rule is purely ministerial, entities without regard to size or capability comment, the FDIC has for good cause however; notice and comment would of compliance have often had a found that notice and public procedure serve no useful purpose. In addition, disproportionate adverse effect on small thereon are impracticable, unnecessary, this aspect of the final rule is exempt concerns. The bill, therefore, is designed to and contrary to the public interest. The from the notice-and-comment encourage agencies to tailor their rules to the final rule will therefore take effect on requirement on another ground: size and nature of those to be regulated the date specified herein. See id. section whenever this is consistent with the 808. incorporating the statutory language underlying statute authorizing the rule. into the regulation is purely List of Subjects in 12 CFR Part 327 interpretative, being necessary to 126 Cong. Rec. 21453 (1980) conform the regulation to the statute. (‘‘Description of Major Issues and Bank deposit insurance, Banks, Section-by-Section Analysis of banking, Savings associations. III. Paperwork Reduction Act Substitute for S. 299’’). For the reasons set out in the The FDIC expects to contact all The final rule does not impose a preamble, 12 CFR part 327 is amended institutions that initially appear to uniform cost or requirement on all as follows: institutions regardless of size. Rather, it 8 In addition, the Funds Act gives the Board ‘‘sole PART 327ÐASSESSMENTS discretion’’ to determine the rate at which the imposes an assessment that is directly special assessment will be imposed. Funds Act proportional to each institution’s size. 1. The authority citation for part 327 section 2702(a). Nor does the final rule cause an affected is revised to read as follows: Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53839

Authority: 12 U.S.C. 1441, 1441b, 1813, 327.45 Definitions. (3) Manner of payment. The 1815, 1817–1819; Deposit Insurance Funds Appendix A to Subpart C of Part 327— Corporation will cause the invoiced Act of 1996, Pub. L. 104–208, 110 Stat. 3009 Guidelines for Exemption of Weak amount to be directly debited on the et seq. Institutions date specified in paragraph (d) of this 2. Section 327.32 is amended by Subpart CÐSpecial Assessment section from the deposit account revising paragraphs (a)(2)(i)(A) and designated by the insured depository (a)(3)(i) and by adding a new paragraph § 327.41 Special assessment imposed. institution pursuant to § 327.3(a)(2). (c) to read as follows: (a) Payment required. Except as (f) Deposit of proceeds. The proceeds provided in §§ 327.43 and 327.44, each of the special assessment, and of the § 327.32 Computation and payment of assessments paid pursuant to § 327.44, assessment. insured depository institution shall pay a special assessment on the SAIF- shall be deposited in the SAIF. (a) * * * assessable deposits that the institution (2) * * * § 327.42 Assessment base. held on March 31, 1995, in accordance (i) * * * (a) In general. Except as provided in with the provisions of this subpart C. (A) Except as provided in paragraphs (b) and (c) of this section, an (b) Rate. Except as provided in § 327.43(c)(1), be subject to assessment institution’s special assessment shall be § 327.44, the rate for the special according to the schedule of assessment computed with reference to the assessment shall be 0.657 percentum, rates applicable to SAIF members institution’s SAIF assessment base on subject to such adjustments as the pursuant to subpart A of this part; and March 31, 1995. Corporation may deem necessary to (b) ‘‘Converted’’ institutions. In the * * * * * cause the Savings Association Fund case of each of the following SAIF (3) * * * reserve ratio to achieve the designated members, the volume of SAIF-insured (i) The amount of any deposits reserve ratio for the SAIF on October 1, deposits used to determine the acquired by the institution in 1996. institution’s SAIF assessment base on connection with the transaction (as (c) Due date. The special assessment March 31, 1995, shall be reduced by 20 determined at the time of such shall be due on October 1, 1996. transaction) described in § 327.31(a), but percent: (d) Payment date. Except as provided (1) A federal savings association: subject to the adjustment specified in in § 327.44, each institution shall pay paragraph (c) of this section; (i) That had deposits subject to the special assessment to the assessment by the SAIF which did not * * * * * Corporation on November 27, 1996. exceed $4,000,000,000, as of March 31, (c) Reduction of deposits acquired by Each institution shall make the payment 1995; and certain institutions. In the case of a in the manner and according to the (ii) That had been, or is a successor by transaction occurring on or before procedures set forth in paragraph (e) of merger, acquisition, or otherwise to an March 31, 1995, the amount determined this section. institution that had been, a state savings under paragraph (a)(3)(i) of this section (e) Procedures—(1) Preliminary and bank, the deposits of which were shall be reduced by 20 percent for the final invoices; requests for correction of insured by the Corporation prior to purpose of computing the adjusted amount due. The Corporation will issue August 9, 1989, which institution attributable deposit amount for any a preliminary invoice to each institution converted to a federal savings semiannual period beginning after showing the amount expected to be due association pursuant to section 5(i) of December 31, 1996, of a BIF member from the institution and the the Home Owners’ Loan Act, 12 USC bank that, as of June 30, 1995: computation of that amount. An 1464(i), prior to January 1, 1985; (1) Had an adjusted attributable institution may request the Corporation (2) A SAIF-member state depository deposit amount the value of which was to revise the amount due; any such institution that had been a state savings less than 50 percent of the amount of its request must be made in writing on or bank prior to October 15, 1982, and was total deposits; or before November 1, 1996. The a federal savings association on August (2)(i) Had an adjusted attributable Corporation will issue a final invoice to 9, 1989; deposit amount the value of which was each insured depository institution no (3) An insured bank that: less than 75 percent of the value of its later than 14 days prior to the date (i) Was established de novo in order total deposits; specified in paragraph (d) of this to acquire the deposits of a savings (ii) Had total deposits greater than section, showing the amount due from association in default or in danger of $5,000,000,000; and the institution and the computation of default; (iii) Was owned or controlled by a that amount. (ii) Did not open for business before bank holding company that owned or (2) Funding of designated accounts. acquiring the deposits of such savings controlled insured depository Each insured depository institution association; and institutions having an aggregate amount shall take all actions necessary to allow (iii) Was a SAIF member as of the date of deposits insured or treated as insured the Corporation to debit the invoiced of enactment of the Deposit Insurance by the BIF greater than the aggregate amount from the deposit account Funds Act of 1996; and amount of deposits insured or treated as designated by the institution pursuant (4) An insured bank that: insured by the SAIF. to § 327.3(a)(2). Each insured depository (i) Resulted from a savings association 3. A new subpart C, consisting of institution shall, prior to the date before December 19, 1991, in §§ 327.41 through 327.45, is added to specified in paragraph (d) of this accordance with section 5(d)(2)(G) of part 327 to read as follows: section, ensure that funds in an amount the FDI Act; and Subpart CÐSpecial Assessment at least equal to the invoiced amount are (ii) Had an increase in its capital in available in the designated account on conjunction with the conversion in an Sec. 327.41 Special assessment imposed. that date for direct debit by the amount equal to more than 75 percent 327.42 Assessment base. Corporation. Failure to take any such of the capital of the institution on the 327.43 Exemptions from the special action or to provide such funding of the day before the date of the conversion. assessment. account shall be deemed to constitute (c) Oakar banks. The special 327.44 Hardship exception. nonpayment of the amount due. assessment shall be computed with 53840 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations reference to that portion of an (b) Weak institutions. If an institution (b) Election. An insured depository institution’s SAIF assessment base for meets any criterion for designation as institution may elect, with the prior March 31, 1995, which is equal to 80 ‘‘weak’’ under the guidelines set forth in approval of the Corporation, to pay the percent of the institution’s adjusted appendix A of this subpart, the special assessment prescribed by the attributable deposit amount for that institution shall generally be exempt Deposit Insurance Funds Act of 1996 in date, if the institution is a BIF member from the special assessment, unless the two installments in accordance with the that, as of June 30, 1995: exemption would not materially reduce provisions of this section. In deciding (1) Had an adjusted attributable risk to the SAIF. Authority to determine whether to grant or withhold approval, deposit amount that was less than 50 whether an institution meets any such the Corporation will consider the entire percent of its total domestic deposits; or criterion, authority to issue orders circumstances of the proposed election, (2)(i) Had an adjusted attributable exempting ‘‘weak’’ institutions, including but not limited to the deposit amount equal to less than 75 authority to determine whether the risk election’s effects on the institution, on percent of its total assessable deposits; to the SAIF would not be materially the SAIF, and on the public interest. (ii) Had total assessable deposits reduced if an institution qualifying for (c) Procedures—(1) Initial greater than $5,000,000,000; and exemption as a ‘‘weak’’ institution were assessment—(i) Date. An institution that (iii) Was owned or controlled by a nevertheless allowed to pay the special makes the election specified in bank holding company that owned or assessment, and authority to determine paragraph (b) of this section shall pay controlled insured depository whether an institution rated 4 or 5 by its the initial installment of the special institutions having an aggregate amount appropriate federal banking agency assessment to the Corporation on of deposits insured or treated as insured would present a substantial risk of loss November 27, 1996. by the BIF greater than the aggregate to the SAIF unless the institution were (ii) Amount. The initial installment amount of deposits insured or treated as exempt from the special assessment, are shall be equal to 50 percent of the insured by the SAIF. delegated to the Director of the Division amount that the institution would of Supervision. § 327.43 Exemptions from the special otherwise be required to pay on (c) Semiannual assessments payable November 27, 1996, in accordance with assessment. to the SAIF—(1) Special rate schedule. (a) Mandatory exemptions. The § 327.41. Except as provided in paragraph (c)(2) (iii) Payment procedures. The following institutions are exempt from of this section, an institution that is the special assessment: procedures set forth in § 327.41(e) shall exempt from the special assessment apply to the payment of the initial (1) An institution that was in pursuant to paragraph (a) or (b) of this existence on October 1, 1995, and held installment. section shall pay regular semiannual (2) Second installment—(i) Date. An no SAIF-assessable deposits prior to assessments to the SAIF from the first January 1, 1993. For this purpose, an institution that makes the election semiannual period of 1996 through the specified in paragraph (b) of this section institution shall be deemed to have held second semiannual period of 1999 SAIF-assessable deposits prior to shall pay a second installment to the according to the schedule of rates Corporation on the regular payment date January 1, 1993, if: specified in § 327.9(d)(1) as in effect for (i) The institution directly held SAIF- for the second quarterly payment for the SAIF members on June 30, 1995. first semiannual period of 1997. assessable insured deposits prior to that (2) Termination of special rate (ii) Amount. The second installment date; or schedule. An institution that makes a shall be an amount computed as (ii) The institution succeeded to, pro-rata payment of the special follows: the SAIF assessment base of the acquired, purchased, or otherwise held assessment shall cease to be subject to institution on December 31, 1996, any SAIF-assessable deposits as of paragraph (c)(1) of this section. The pro- multiplied by the rate specified in September 30, 1996, that were SAIF- rata payment must be equal to the § 327.41(b), multiplied by 51 percent. assessable deposits prior to January 1, following product: 16.7 percent of the (iii) Payment procedures. The 1993; amount the institution would have procedures set forth in § 327.41(e) shall (2) A federal savings bank that: owed for the special assessment, apply to the payment of the second (i) Was established de novo in April multiplied by the number of full installment, except that any reference to 1994 in order to acquire the deposits of semiannual periods remaining between the date specified in § 327.41(d) shall be a savings association which was in the date of the payment and December deemed to be a reference to the date default or in danger of default; and 31, 1999. (ii) Received minority interim capital specified in paragraph (c)(2)(i) of this assistance from the Resolution Trust § 327.44 Hardship exception. section, and that any reference to Corporation under section 21A(w) of the (a) Applicability. This section applies November 1, 1996, shall be deemed to Federal Home Loan Bank Act in to an insured depository institution if: be a reference to February 1, 1997. connection with the acquisition of any (1) The institution, or a depository (3) Supplemental assessment—(i) such savings association; and institution holding company that Date. An institution that makes the (3) A savings association, the deposits controls the institution, is subject to election specified in paragraph (b) of of which are insured by the SAIF, that: terms or covenants in any debt this section shall pay a supplemental (i) Prior to January 1, 1987, was obligation or preferred stock assessment to the Corporation at the chartered as a federal savings bank outstanding on September 13, 1995; and same time as the second installment. insured by the Federal Savings and (2) The Corporation has determined (ii) Amount. The supplemental Loan Insurance Corporation for the that payment of the special assessment assessment shall be an amount purpose of acquiring all or substantially in accordance with the provisions of computed as follows: the institution’s all of the assets and assuming all or § 327.41 would pose a significant risk of SAIF assessment base for December 31, substantially all of the deposit liabilities causing the depository institution or its 1996, shall be subtracted from the of a national bank in a transaction depository institution holding company institution’s SAIF assessment base for consummated after July 1, 1986; and to default on or to violate any term or March 31, 1995; if the result is greater (ii) As of the date of that transaction, covenant specified in paragraph (a)(1) of than zero, the result shall be multiplied had assets of less than $150,000,000. this section. by 95 percent; and the product thereof Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53841 shall be multiplied by one-half the rate (c) The criteria are as follows: EFFECTIVE DATE: 0901 UTC, January 30, for the special assessment. (1) Guideline #1: Capital group 3 1997. institutions. An institution is regarded as (iii) Payment procedures. The FOR FURTHER INFORMATION CONTACT: procedures set forth in § 327.41(e) shall ‘‘weak’’ if, in the judgment of the Corporation, the institution meets the Robert van Haastert, System apply to the payment of the standards for assignment to capital group 3 Management Branch, AAL–538, Federal supplemental assessment, except that (‘‘undercapitalized’’) pursuant to Aviation Administration, 222 West 7th any reference to the date specified in § 327.4(a)(1)(iii). Avenue, Box 14, Anchorage, AK 99513– § 327.41(d) shall be deemed to be a (2) Guideline #2: Potential capital group 3 7587; telephone number (907) 271– reference to the date specified in institutions. An institution is regarded as 5863. paragraph (c)(2)(i) of this section, and ‘‘weak’’ if, in the judgment of the Corporation, the institution would satisfy the SUPPLEMENTARY INFORMATION: that any reference to November 1, 1996, # shall be deemed to be a reference to criteria set forth in Guideline 1 if the institution were to pay the special History February 1, 1997. assessment imposed under § 327.41(a). On June 24, 1996, a proposal to # § 327.45 Definitions. (3) Guideline 3: Institutions rated 4 or 5. amend part 71 of the Federal Aviation If an institution has a composite rating of 4 Regulations (14 CFR part 71) to revise For the purpose of this subpart C: or 5 by its primary supervisor, the institution (a) BIF; SAIF—(1) BIF. The term BIF the Class E airspace at Bethel was may request the Corporation to consider published in the Federal Register (61 refers to the Bank Insurance Fund. whether it would be appropriate to exempt (2) SAIF. The term SAIF refers to the the institution from the special assessment. FR 32371). Changes to the Bethel Savings Association Insurance Fund. Such an institution is regarded as ‘‘weak’’ if airspace will incorporate an exclusion the institution would, after having paid the below 1,100 feet MSL between the 061° (b) SAIF-assessable deposits. The ° term SAIF-assessable deposits means all assessment, present a significant risk of loss radial and the 081 radial from 2.9 deposits that are subject to assessment to the SAIF for the purpose of section 2(f) of nautical miles northeast of the Bethel by the Corporation for deposit in the the Funds Act. VORTAC. The changes are required to SAIF, and, in the case of a BIF member, By order of the Board of Directors. create a Hanger Lake exclusion area as includes that portion of the deposits of Dated at Washington, D.C., this 8th day of requested by Bethel Airport user groups the BIF member that is equal to the BIF October 1996. for VFR operations when Bethel has IFR member’s adjusted attributable deposit Federal Deposit Insurance Corporation. weather conditions. amount. Jerry L. Langley, Interested parties were invited to participate in this rulemaking (c) Deposits held on March 31, 1995. Executive Secretary. A deposit is deemed to have been held proceeding by submitting written [FR Doc. 96–26504 Filed 10–11–96; 10:23 comments on the proposal to the FAA. on March 31, 1995, by an institution if am] No comments to the proposals were either: BILLING CODE 6714±01±P (1) The institution held the deposit on received. Therefore, the rule is adopted that date; or as written. The area will be depicted on (2)(i) The deposit was held by another DEPARTMENT OF TRANSPORTATION institution (‘‘transferring institution’’) aeronautical charts for pilot reference. The coordinates for this airspace docket on that date; Federal Aviation Administration (ii) The institution assumed the are based on North American Datum 83. deposit from the transferring institution 14 CFR Part 71 Class D airspace area designations are published in paragraph 5000 and the after that date, either directly or [Airspace Docket No. 96±AAL±4] indirectly; and Class E airspace areas designated as an extension to a Class D or Class E surface (iii) The transferring institution is not Revision of Class D and Class E area are published in paragraph 6004 of an insured depository institution on the Airspace; Bethel, AK payment date specified in § 327.41(d). FAA Order 7400.9D, dated September 4, (d) SAIF assessment base. The term AGENCY: Federal Aviation 1995, and effective September 16, 1996, SAIF assessment base for any date Administration (FAA), DOT. which are incorporated by reference in means that portion of an institution’s ACTION: Final rule. 14 CFR 71.1 (58 FR 36298; July 6, 1993). assessment base for that date that is The Class D and Class E airspace SUMMARY: This action modifies the Class subject to assessment by the Corporation designations listed in this document D and Class E airspace at Bethel, AK, to for deposit in the SAIF. will be published subsequently in the accommodate Visual Flight Rules (VFR) Order. Appendix A to Subpart C of Part 327— traffic in the Bethel area, landing and Guidelines for Exemption of Weak departing from Hanger Lake located The Rule Institutions about 2.5 miles northeast of the Bethel This amendment to part 71 of the (a) The Board of Directors of the VORTAC. Several Bethel Airport user Federal Aviation Regulations (14 CFR Corporation has adopted criteria for groups, during public discussion on the part 71) revises the Class D and Class E identifying institutions that are regarded as decommission of the Bethel Approach airspace located at Bethel, AK, to create ‘‘weak’’ within the meaning of section 2702(f) Control, requested an exclusion area for a Hanger Lake exclusion area as of the Deposit Insurance Funds Act of 1996. Hanger Lake to accommodate VFR requested by Bethel Airport user groups The Board has determined that granting landings and takeoffs during Instrument for VFR operations when Bethel has IFR exemptions to institutions that meet the Flight Rules (IFR) weather conditions at weather conditions. criteria would generally reduce the risk to the Bethel, AK. The area will be depicted on The FAA has determined that these SAIF. aeronautical charts for pilot reference. proposed regulations only involve an (b) The criteria apply only to institutions that are members of the Savings Association The intended effect of this proposal is established body of technical Insurance Fund (SAIF) or that hold deposits to provide adequate exclusion from regulations for which frequent and that are treated as insured by the SAIF Bethel, AK, Class D and Class E airspace routine amendments are necessary to pursuant to section 5(d)(3) of the Federal to accommodate Bethel user group keep them operationally current. It, Deposit Insurance Act, 12 U.S.C. 1815(d)(3). requirements at Hanger Lake, AK. therefore—(1) is not a ‘‘significant 53842 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations regulatory action’’ under Executive (Lat. 60°46′47′′ N, long. 161°50′17′′ W) procedures at Bettles, Alaska. This Order 12866; (2) is not a ‘‘significant Bethel VORTAC action will provide adequate Class E ° ′ ′′ ° ′ ′′ rule’’ under DOT Regulatory Policies (Lat. 60 47 05 N, long. 161 49 27 W) airspace for IFR operations at Bettles, and Procedures (44 FR 11034; February That airspace extending upward from the AK. surface within 3 miles each side of the 022° 26, 1979); and (3) does not warrant Interested parties were invited to preparation of a regulatory evaluation as radial from the Bethel VORTAC, extending from the 4.1-mile radius of the Bethel Airport participate in this rulemaking the anticipated impact is so minimal. to 8.2 miles northeast of the airport, within proceeding by submitting written Since this is a routine matter that will 3.4 miles each side of the Bethel VORTAC comments on the proposal to the FAA. only affect air traffic procedures and air ° 006 radial, extending from the 4.1-mile No comments to the proposals were navigation, it is certified that this rule radius of the Bethel Airport to 11 miles north received. However the proposal was will not have a significant economic of the Bethel VORTAC and within 3.5 miles published with incorrect mileage radius impact on a substantial number of small each side of the Bethel VORTAC 213° radial (4.1) which has been corrected to read entities under the criteria of the extending from the 4.1-mile radius of the ‘4.2’. The Federal Aviation Regulatory Flexibility Act. Bethel Airport to 10 miles southwest of the airport, excluding that portion below 1,100 Administration has determined that this List of Subjects in 14 CFR Part 71 feet MSL between the 061° radial and the change is editorial in nature and will ° 081 radial from 2.9 miles northeast of the not increase the scope of this rule. Airspace, Incorporation by reference, Bethel VORTAC. Navigation (air). Except for the non-substantive changes * * * * * just discussed, the rule is adopted as Adoption of the Amendment Issued in Anchorage, AK, on October 4, written. 1996. In consideration of the foregoing, the Willis C. Nelson, The coordinates for this airspace Federal Aviation Administration docket are based on North American amends 14 CFR part 71 as follows: Manager, Air Traffic Division, Alaskan Region. Datum 83. Class E airspace areas [FR Doc. 96–26464 Filed 10–15–96; 8:45 am] designated as airport surface areas are PART 71Ð[AMENDED] published in Paragraph 6002 of FAA BILLING CODE 4910±13±P 1. The authority citation for 14 CFR Order 7400.9D, dated September 4, Part 71 continues to read as follows: 1995, and effective September 16, 1996, which are incorporated by reference in Authority: 49 U.S.C. 40103, 40113, 40120; 14 CFR Part 71 14 CFR 71.1 (58 FR 36298; July 6, 1993). E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 [Airspace Docket No. 96±AAL±15] Comp., p. 389; 49 U.S.C. 106(g); 14 CFR The Class E airspace designations listed 11.69. Revision of Class E Airspace; Bettles, in this document will be published subsequently in the Order. § 71.1 [Amended] AK 2. The incorporation by reference in AGENCY: Federal Aviation The Rule 14 CFR 71.1 of Federal Aviation Administration (FAA), DOT. This amendment to part 71 of the Administration Order 7400.9D, ACTION: Final rule. Federal Aviation Regulations (14 CFR Airspace Designations and Reporting part 71) revises the Class E airspace SUMMARY: This action revises the Class Points, dated September 4, 1995, and located at Bettles, AK, to provide effective September 16, 1996, is E airspace at Bettles, AK. The FAA has developed a Global Positioning System controlled airspace extending upward amended as follows: from 700 feet AGL for aircraft executing * * * * * (GPS) instrument approach procedure to Runway (RWY) 1 at Bettles, AK. This GPS instrument landing and departing Paragraph 5000 Class D Airspace. action is intended to provide adequate procedures to RWY 1. * * * * * Class E airspace to contain instrument The FAA has determined that these AAL AK D Bethel, AK [Revised] flight rule (IFR) operations for aircraft proposed regulations only involve an executing instrument approach established body of technical Bethel Airport, AK procedures at Bettles, AK. regulations for which frequent and (Lat. 60°46′47′′ N, long. 161°50′17′′ W) Bethel VORTAC EFFECTIVE DATE: 0901 UTC, January 30, routine amendments are necessary to (Lat. 60°47′05′′ N, long. 161°49′27′′ W) 1997. keep them operationally current. It, That airspace extending upward from the FOR FURTHER INFORMATION CONTACT: therefore—(1) is not a ‘‘significant surface to and including 2,600 feet MSL Robert van Haastert, System regulatory action’’ under Executive within a 4.1-mile radius of the Bethel Management Branch, AAL–538, Federal Order 12866; (2) is not a ‘‘significant Airport, excluding that portion below 1,100 Aviation Administration, 222 West 7th rule’’ under DOT Regulatory Policies feet MSL between the 061° radial and the and Procedures (44 FR 11034; February ° Avenue, Box 14, Anchorage, AK 99513– 081 radial from 2.9 miles northeast of the 7587; telephone number (907) 271– 26, 1979); and (3) does not warrant Bethel VORTAC. This Class D airspace area 5863. preparation of a regulatory evaluation as is effective during the specific dates and the anticipated impact is so minimal. times established in advance by a Notice to SUPPLEMENTARY INFORMATION: Airmen. The effective date and time will Since this is a routine matter that will thereafter be continuously published in the History only affect air traffic procedures and air Airport/Facility Directory. On July 18, 1996, a proposal to amend navigation, it is certified that this rule * * * * * part 71 of the Federal Aviation will not have a significant economic impact on a substantial number of small Paragraph 6004 Class E airspace areas Regulations (14 CFR part 71) to revise the Class E airspace at Bettles was entities under the criteria of the designated as an extension to a Class D or Regulatory Flexibility Act. Class E surface area. published in the Federal Register (61 * * * * * FR 37408). Revision of the Class E List of Subjects in 14 CFR Part 71 airspace is required for the IFR AAL AK E4 Bethel, AK approach and departure procedures Airspace, Incorporation by reference, Bethel Airport, AK using GPS instrument approach Navigation (air). Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53843

Adoption of the Amendment SUMMARY: This action revises the Class The Rule In consideration of the foregoing, the E airspace at Sand Point, AK. The FAA This amendment to part 71 of the Federal Aviation Administration has developed a Global Positioning Federal Aviation Regulations (14 CFR amends 14 CFR part 71 as follows: System (GPS) instrument approach part 71) revises the Class E airspace procedure to RWY 31 and a Non- located at Sand Point, AK, to provide PART 71Ð[AMENDED] directional beacon (NDB) instrument controlled airspace extending upward approach procedure to RWY 13 at Sand from 700 feet AGL for aircraft executing 1. The authority citation for 14 CFR Point, AK. This action is intended to Part 71 continues to read as follows: instrument landing and departing provide adequate Class E airspace to procedures. Authority: 49 U.S.C. 40103, 40113, 40120; contain instrument flight rule (IFR) The FAA has determined that these E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 operations for aircraft executing proposed regulations only involve an Comp., p. 389; 49 U.S.C. 106(g); 14 CFR instrument approach procedures at 11.69. established body of technical Sand Point, AK. regulations for which frequent and § 71.1 [Amended] EFFECTIVE DATE: 0901 UTC, January 30, routine amendments are necessary to 2. The incorporation by reference in 1997. keep them operationally current. It, 14 CFR 71.1 of Federal Aviation therefore—(1) is not a ‘‘significant Administration Order 7400.9D, FOR FURTHER INFORMATION CONTACT: regulatory action’’ under Executive Airspace Designations and Reporting Robert van Haastert, System Order 12866; (2) is not a ‘‘significant Points, dated September 4, 1995, and Management Branch, AAL–538, Federal rule’’ under DOT Regulatory Policies effective September 16, 1996, is Aviation Administration, 222 West 7th and Procedures (44 FR 11034; February amended as follows: Avenue, Box 14, Anchorage, AK 99513– 26, 1979); and (3) does not warrant * * * * * 7587; telephone number (907) 271– preparation of a regulatory evaluation as 5863. the anticipated impact is so minimal. Paragraph 6002 The Class E airspace areas Since this is a routine matter that will listed below are designated as a surface area SUPPLEMENTARY INFORMATION: only affect air traffic procedures and air for an airport. History navigation, it is certified that this rule * * * * * will not have a significant economic AAL AK E2 Bettles, AK On July 2, 1996, a proposal to amend impact on a substantial number of small part 71 of the Federal Aviation entities under the criteria of the Bettles Airport, AK Regulations (14 CFR part 71) to revise (Lat. 66°54′55′′ N, long. 151°31′41′′ W) Regulatory Flexibility Act. the Class E airspace at Sand Point was Bettles VORTAC List of Subjects in 14 CFR Part 71 (Lat. 66°54′18′′ N, long. 151°32′10′′ W) published in the Federal Register (61 Within a 4.2-mile radius of the Bettles FR 34397). Revision of the Class E Airspace, Incorporation by reference, Airport and within 4 miles west of the Bettles airspace is required for the IFR Navigation (air). ° approach and departure procedures VORTAC 227 radial extending from the 4.2- Adoption of the Amendment mile radius to 12 miles southwest of the using GPS and NDB instrument airport and within 4 miles each side of the approach procedures at Sand Point, In consideration of the foregoing, the Bettles VORTAC 212° radial extending from Alaska. This action will provide Federal Aviation Administration the 4.2-mile radius to 12 miles southwest of adequate Class E airspace for IFR amends 14 CFR part 71 as follows: the airport and within 2.9 miles each side of operations at Sand Point, AK. the Bettles VORTAC 026° radial extending PART 71Ð[AMENDED] from the 4.2-mile radius to 7.4 miles north Interested parties were invited to of the airport. This Class E airspace area is participate in this rulemaking 1. The authority citation for 14 CFR effective during the specific dates and times proceeding by submitting written Part 71 continues to read as follows: established in advance by a Notice to comments on the proposal to the FAA. Authority: 49 U.S.C. 40103, 40113, 40120; Airmen. The effective date and time will No comments to the proposals were thereafter be continuously published in the E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Supplement Alaska (Airport/Facility received. However the proposal was Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Directory). published with incorrect coordinates for 11.69. Sand Point Airport which have been * * * * * ° ′ ′′ § 71.1 [Amended] Issued in Anchorage, AK, on October 4, corrected to read: lat. 55 18 54 N, long. 160°31′04′′ W. The FAA has determined 2. The incorporation by reference in 1996. 14 CFR 71.1 of Federal Aviation Willis C. Nelson, that these changes are editorial in nature and will not increase the scope of this Administration Order 7400.9D, Airspace Manager, Air Traffic Division, Alaskan Designations and Reporting Points, Region. rule. Except for the non-substantive changes just discussed, the rule is dated September 4, 1995, and effective [FR Doc. 96–26468 Filed 10–15–96; 8:45 am] adopted as proposed. September 16, 1996, is amended as BILLING CODE 4910±13±P follows: The coordinates for this airspace * * * * * docket are based on North American 14 CFR Part 71 Datum 83. Class E airspace areas Paragraph 6005 Class E airspace areas designated as 700/1200 foot transition extending upward from 700 feet or more [Airspace Docket No. 96±AAL±3] areas are published in Paragraph 6005 of above the surface of the earth. FAA Order 7400.9D, dated September 4, * * * * * Revision of Class E Airspace; Sand 1995, and effective September 16, 1996, AAL AK E5 Sand Point, AK [Revised] Point, AK which are incorporated by reference in Sand Point Airport, AK AGENCY: Federal Aviation 14 CFR 71.1 (58 FR 36298; July 6, 1993). (Lat. 55°18′54′′ N, long. 160°31′04′′ W) Administration (FAA), DOT. The Class E airspace designations listed Borland NDB/DME in this document will be published ° ′ ′′ ° ′ ′′ ACTION: Final rule. (Lat. 55 18 56 N, long. 160 31 06 W) subsequently in the Order. Sand Point MLS 53844 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations

(Lat. 55°18′47′′ N, long. 160°31′10′′ W) holding pattern. Changes to the St. Paul The coordinates for this airspace That airspace extending upward from 700 Island airspace incorporated new docket are based on North American feet above the surface within a 6.4-mile coordinates for the airport and non- Datum 83. Class E airspace areas radius of the Sand Point Airport and within directional beacon. Noatak Class E designated as airport surface areas are 3 miles each side of the 175° bearing of the airspace is established for NDB/DME published in Paragraph 6002 and 700/ Borland NDB/DME extending from the 6.4- instrument approach procedures. This 1200 foot transition areas are published mile radius to 13.9 miles south of the airport action changes the Noatak Airport status in Paragraph 6005 of FAA Order and within 5.8 miles either side of the 326 azimuth from the Sand Point MLS extending from Visual Flight Rules (VFR) to 7400.9D, dated September 4, 1995, and from the 6.4 mile radius to 17 miles Instrument Flight Rules (IFR) effective September 16, 1996, which are northwest of the airport; and that airspace concurrent with the publication of the incorporated by reference in 14 CFR extending upward from 1,200 feet above the NDB/DME instrument approach. The 71.1 (58 FR 36298; July 6, 1993). The surface within 4 miles west and 14 miles east areas will be depicted on aeronautical Class E airspace designations listed in of the 175° bearing from the Borland NDB/ charts for pilot reference. this document will be published DME extending from the NDB/DME to 22 EFFECTIVE DATE: 0901 UTC, January 30, subsequently in the Order. miles south of the NDB/DME and within 9 1997. miles west and 7 miles east of the 330° The Rule bearing from the Borland NDB/DME FOR FURTHER INFORMATION CONTACT: Robert van Haastert, System This amendment to part 71 of the extending from the NDB/DME to 23 miles Federal Aviation Regulations (14 CFR north of the NDB/DME. Management Branch, AAL–538, Federal part 71) revises the Class E airspace * * * * * Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513– located at Wrangell, St. Paul Island, Issued in Anchorage, AK, on October 4, Petersburg, and Sitka, AK, and 1996. 7587; telephone number (907) 271– 5863. establishes Class E airspace at Noatak, Willis C. Nelson, AK, to provide controlled airspace Manager, Air Traffic Division, Alaskan SUPPLEMENTARY INFORMATION: extending upward from 700 feet AGL for Region. History aircraft executing instrument landing [FR Doc. 96–26463 Filed 10–15–96; 8:45 am] and departing procedures. BILLING CODE 4910±13±P On June 24, 1996, a proposal to The FAA has determined that these amend part 71 of the Federal Aviation proposed regulations only involve an Regulations (14 CFR part 71) to revise established body of technical 14 CFR Part 71 the Class E airspace at Wrangell, St. regulations for which frequent and Paul Island, Petersburg, and Sitka, AK, [Airspace Docket No. 96±AAL±2] routine amendments are necessary to and establish Class E airspace at Noatak, keep them operationally current. It, Revision of Class E Airspace; AK was published in the Federal therefore —(1) Is not a ‘‘significant Wrangell, St. Paul Island, Petersburg, Register (61 FR 32372). Revision of the regulatory action’’ under Executive and Sitka, AK; Establishment of Class Class E airspace is required for the IFR Order 12866; (2) is not a ‘‘significant E Airspace at Noatak, AK approach and departure procedures rule’’ under DOT Regulatory Policies using Global Positioning System (GPS) and Procedures (44 FR 11034; February AGENCY: Federal Aviation at Wrangell Airport, James A. Johnson 26, 1979); and (3) does not warrant Administration (FAA), DOT. Airport (Petersburg), and Sitka Airport; preparation of a regulatory evaluation as ACTION: Final rule. a Microwave Landing System (MLS) the anticipated impact is so minimal. approach procedures at St. Paul Island Since this is a routine matter that will SUMMARY: This action revises the Class Airport; and NDB/DME approach only affect air traffic procedures and air E airspace at Wrangell, St. Paul Island, procedures at Noatak, Alaska. This navigation, it is certified that this rule Petersburg, and Sitka, AK, and action will provide adequate Class E will not have a significant economic establishes Class E airspace at Noatak, airspace for IFR operations at Wrangell, impact on a substantial number of small AK. The FAA has developed Global St. Paul Island, Petersburg, Sitka, and entities under the criteria of the Positioning System (GPS) instrument Noatak, AK. Regulatory Flexibility Act. approach procedures at Wrangell Interested parties were invited to Airport, James A. Johnson Airport participate in this rulemaking List of Subjects in 14 CFR Part 71 (Petersburg), and Sitka Airport; a proceeding by submitting written Airspace, Incorporation by reference, Microwave Landing System (MLS) comments on the proposal to the FAA. Navigation (air). approach procedure at St. Paul Island No comments to the proposals were Airport; and a Non-directional beacon received. However the proposal was Adoption of the Amendment (NDB)/Distance Measuring Equipment published with incorrect coordinates In consideration of the foregoing, the (DME) approach procedure at Noatak which have been corrected: Noatak Federal Aviation Administration Airport, Alaska. Changes to the Airport (67°33′44′′ N, 162°58′31′′ W), amends 14 CFR part 71 as follows: Wrangell airspace incorporated a new Sitka Airport (57°02′50′′ N, 135°21′42′′ Wrangell Localizer course, provided W), Sitka VORTAC (56°51′34′′ N, PART 71Ð[AMENDED] new segment widths, and will declutter 135°33′05′′ W), St. Paul Island Airport ° ′ ′′ ° ′ ′′ 1. The authority citation for 14 CFR the chart depiction. Changes to the (57 10 02 N, 170 13 14 W), and St. Part 71 continues to read as follows: Petersburg airspace incorporated Paul Island Localizer (57°10′45′′ N, protected airspace for transition to 170°13′00′′ W). The coordinates for Authority: 49 U.S.C. 40103, 40113, 40120; approach, provided new segment Wrangell NDB were omitted and are E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 ° ° ′ ′′ ° ′ ′′ Comp., p. 389; 49 U.S.C. 106(g); 14 CFR widths to Fredericks Point NDB 140 56 29 13 N, 132 23 16 W. The FAA 11.69. bearing, corrected the misspelling of has determined that these changes are Level Island, and changed the altitude editorial in nature and will not increase § 71.1 [Amended] needed for the missed approaches. the scope of this rule. Except for the 2. The incorporation by reference in Changes to the Sitka airspace non-substantive changes just discussed, 14 CFR 71.1 of Federal Aviation incorporated protected airspace for the the rule is adopted as proposed. Administration Order 7400.9D, Airspace Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53845

Designations and Reporting Points, AAL AK E5 Petersburg, AK [Revised] (Lat. 57°10′45′′ N, long. 170°13′00′′ W) dated September 4, 1995, and effective Petersburg Airport, AK St. Paul NDB/DME ° ′ ′′ ° ′ ′′ September 16, 1996, is amended as (Lat. 56°48′06′′ N, long. 132°56′43′′ W) (Lat. 57 09 28 N, long. 170 13 51 W) follows: Level Island VOR/DME That airspace extending upward from 700 (Lat. 56°28′04′′ N, long. 133°04′59′′ W) feet above the surface within a 6.5-mile Paragraph 6002 The Class E airspace areas Petersburg Localizer radius of the St. Paul Island Airport and listed below are designated as a surface area (Lat. 56°48′02′′ N, long. 132°55′34′′ W) within 4 miles west and 8 miles east of the for an airport. Fredericks Point NDB St. Paul Localizer front course extending * * * * * (Lat. 56°47′32′′ N, long. 132°49′15′′ W) from 4 miles south of the St. Paul NDB/DME That airspace extending upward from 700 to 20 miles south of the NDB/DME and AAL AK E2 Petersburg, AK [New] feet above the surface within a 6.5-mile within 4 miles east and 8 miles west of the Petersburg Airport, AK radius of the Petersburg Airport; and that St. Paul Localizer back course extending from (Lat. 56°48′06′′ N, long. 132°56′43′′ W) airspace extending upward from 1,200 feet 5 miles north of the NDB/DME to 21 miles Within a 4.1-mile radius of the James A. above the surface within 4 miles east and 7 north of the NDB/DME and within 4 miles Johnson Airport, Petersburg, Alaska. The miles west of the Petersburg Localizer front east and 8 miles west of the 018° bearing Class E airspace is effective during the course extending from the 6.5-mile radius to from the NDB/DME extending from 6 miles specific dates and times established in 51 miles north of the Level Island VOR/DME north of the NDB/DME to 22 miles north of advance by a Notice to Airmen. The effective and within 4 miles northeast and 5 miles the NDB/DME; and that airspace extending date and time will thereafter be continuously southwest of the Fredericks Point NDB 140° upward from 1,200 feet above the surface published in the Supplement Alaska bearing extending from the 6.5-mile radius to within 14 miles of the NDB/DME. (Airport/Facility Directory). 10 miles southeast of the NDB; and that * * * * * * * * * * airspace extending upward from 3,300 feet MSL within 5 miles either side of the Level AAL AK E5 Noatak, AK [New] ° AAL AK E2 Wrangell, AK [New] Island VOR/DME 013 radial extending from Noatak Airport, AK Wrangell Airport, AK the VOR/DME to the 6.5-mile radius; and that (Lat. 67°33′44′′ N, long. 162°58′31′′ W) airspace extending upward from 4,200 feet (Lat. 56°29′04′′ N, long. 132°22′11′′ W) Noatak NDB/DME MSL within 28.6 miles of the Level Island (Lat. 67°34′19′′ N, long. 162°58′26′′ W) Within a 4.1-mile radius of the Wrangell VOR/DME extending clockwise from the Airport, Alaska. The Class E airspace is VOR/DME 011° radial to the 148° radial; and That airspace extending upward from 700 effective during the specific dates and times that airspace extending upward from 5,700 feet above the surface within a 6.5-mile established in advance by a Notice to feet MSL within 51 miles of the VOR/DME radius of the Noatak Airport and within 4 Airmen. The effective date and time will extending clockwise from the Level Island miles either side of the 197° bearing from the thereafter be continuously published in the VOR/DME 326° radial to the 011° radial; Noatak NDB/DME from the 6.5-mile radius to Supplement Alaska (Airport/Facility excluding that airspace within the Wrangell, 10 miles southwest of the NDB/DME; and Directory). AK, and Sitka, AK, Class E airspace areas. that airspace extending upward from 1,200 * * * * * * * * * * * feet above the surface within 4 miles either side of the 197° bearing from the Noatak Paragraph 6005 Class E airspace areas AAL AK E5 Sitka, AK [Revised] NDB/DME extending from the 6.5-mile extending upward from 700 feet or more radius to 14 miles southwest of the NDB/ above the surface of the earth. Sitka Airport, AK (Lat. 57°02′50′′ N, long. 135°21′42′′ W) DME and within 4 miles east and 5 miles ° * * * * * Biorka Island VORTAC west of the 017 bearing from the NDB/DME ° ′ ′′ ° ′ ′′ extending from the 6.5-mile radius to 11 AAL AK E5 Wrangell, AK [Revised] (Lat. 56 51 34 N, long. 135 33 05 W) Sitka Localizer miles northeast of the NDB/DME. Wrangell Airport, AK (Lat. 57°02′53′′ N, long. 135°21′54′′ W) * * * * * (Lat. 56°29′04′′ N, long. 132°22′11′′ W) That airspace extending upward from 700 Issued in Anchorage, AK, on October 4, Wrangell Localizer feet above the surface within a 6.6-mile 1996. (Lat. 56°29′03′′ N, long. 132°21′45′′ W) radius of the Sitka Airport and within 4 miles Level Island VOR/DME Willis C. Nelson, each side of the 029° and 209° radials of the ° ′ ′′ ° ′ ′′ Manager, Air Traffic Division, Alaskan (Lat. 56 28 04 N, long. 133 04 59 W) Biorka Island VORTAC extending from the Wrangell NDB Region. ° ′ ′′ ° ′ ′′ 6.6-mile radius to 1 mile south of the (Lat. 56 29 13 N, long. 132 23 16 W) VORTAC and within a 14-mile radius of the [FR Doc. 96–26462 Filed 10–15–96; 8:45 am] That airspace extending upward from 700 Biorka Island VORTAC extending clockwise BILLING CODE 4910±13±P feet above the surface within a 6.5-mile from the 127° radial to the 323° radial and radius of the Wrangell Airport and within 2.5 within 4 miles west and 8 miles east of the miles south and 3.5 miles north of the Biorka Island VORTAC 209° radial extending 14 CFR Part 71 Wrangell Localizer front course extending from the 14-mile radius to 16 miles from the 6.5-mile radius to 17.5 miles southwest of the VORTAC and within 4 [Airspace Docket No. 95±AAL±4] northwest of the airport; and that airspace miles east and 6 miles west of the Sitka extending upward from 1,200 feet above the Localizer front course extending from the Revision of Class E Airspace; surface within 6 miles either side of the Sitka Localizer to 22 miles northwest of the Ketchikan, AK Wrangell Localizer front course extending airport; and that airspace extending upward from 14.5 miles west of the airport to 25 from 1,200 feet above the surface within a 40- AGENCY: Federal Aviation miles west of the airport and within 4 miles mile radius of the Biorka Island VORTAC; Administration (FAA), DOT. ° each side of the Level Island VOR/DME 086 and that airspace extending upward from ACTION: Final rule. radial extending from the VOR/DME to the 5,500 feet MSL within an 85-mile radius of Localizer; and within 5 miles west and 6 the VORTAC; excluding that airspace within SUMMARY: This action revises the Class ° miles east of the 148 bearing from the Control 1487L; more that 12 miles from the E airspace at Ketchikan, AK. The FAA Wrangell NDB extending to 25 miles shoreline; and within the Juneau, AK, has developed a Global Positioning southeast of the airport; and that airspace Petersburg, AK, and the Ketchikan, AK, Class System (GPS) instrument approach extending upward from 5,700 feet MSL E airspace areas. procedure to RWY 31 and established a within 32 miles of the Level Island VOR/ * * * * * DME extending clockwise from the VOR/ Special Visual Flight Rules (VFR) DME 327° radial to the VOR/DME 035° AAL AK E5 St. Paul Island, AK [Revised] seaplane holding area at Ward Cove at radial, excluding that airspace within the St. Paul Island Airport, AK Ketchikan, AK. This action is intended Petersburg, AK, Class E airspace area. (Lat. 57°10′02′′ N, long. 170°13′14′′ W) to provide adequate controlled airspace * * * * * St. Paul Localizer to contain instrument flight rule (IFR) 53846 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations operations for aircraft executing executing instrument landing and the Ketchikan localizer northwest course instrument approach procedures and departing procedures and Special VFR clockwise to the 350° bearing from the provide Special VFR seaplane holding operations at Ward Cove. Ketchikan International Airport. This Class E at Ketchikan, AK. The FAA has determined that these airspace area is effective during the specific EFFECTIVE DATE: 0901 UTC, January 30, proposed regulations only involve an dates and times established in advance by a 1997. established body of technical Notice to Airmen. The effective date and time will thereafter be continuously published in FOR FURTHER INFORMATION CONTACT: regulations for which frequent and routine amendments are necessary to the Supplement Alaska (Airport/Facility Robert van Haastert, System Directory). Management Branch, AAL–538, Federal keep them operationally current. It, Aviation Administration, 222 West 7th therefore—(1) is not a ‘‘significant * * * * * Avenue, Box 14, Anchorage, AK 99513– regulatory action’’ under Executive Paragraph 6005 Class E airspace areas 7587; telephone number (907) 271– Order 12866; (2) is not a ‘‘significant extending upward from 700 feet or more 5863. rule’’ under DOT Regulatory Policies above the surface of the earth. and Procedures (44 FR 11034; February * * * * * SUPPLEMENTARY INFORMATION: 26, 1979); and (3) does not warrant History preparation of a regulatory evaluation as AAL AK E5 Ketchikan, AK [Revised] the anticipated impact is so minimal. On July 2, 1996, a proposal to amend Ketchikan International Airport, AK Since this is a routine matter that will ° ′ ′′ ° ′ ′′ part 71 of the Federal Aviation (Lat. 55 21 20 N, long. 131 42 49 W) only affect air traffic procedures and air Regulations (14 CFR part 71) to revise Annette Island VORTAC navigation, it is certified that this rule (Lat. 55°03′38′′ N, long. 131°34′42′′ W) the Class E airspace at Ketchikan was will not have a significant economic Ketchikan Localizer published in the Federal Register (61 impact on a substantial number of small (Lat. 55°20′51′′ N, long. 131°42′00′′ W) FR 34391). Revision of the Class E entities under the criteria of the Clam Cove NDB airspace is required for the IFR Regulatory Flexibility Act. (Lat. 55°20′44′′ N, long. 131°41′47′′ W) approach and departure procedures That airspace extending upward from 700 using GPS at Ketchikan, AK, and List of Subjects in 14 CFR Part 71 feet above the surface within 2.0 miles each required for Special VFR seaplane Airspace, Incorporation by reference, side of the Ketchikan Localizer east course holding at Ward Cove, Ketchikan, AK. Navigation (air). extending from the Ketchikan Localizer to 9.0 This action will provide adequate miles southeast of the Ketchikan controlled airspace for IFR operations Adoption of the Amendment International Airport and within 1.8 miles and Special VFR seaplane holding at In consideration of the foregoing, the each side of the 353° radial of the Annette Ketchikan, AK. Federal Aviation Administration Island VORTAC extending from 11 miles Interested parties were invited to amends 14 CFR part 71 as follows: north of the VORTAC to the Ketchikan participate in this rulemaking Localizer east course and within 1.9 miles proceeding by submitting written PART 71Ð[AMENDED] either side of the Ketchikan Localizer west comments on the proposal to the FAA. course extending from the localizer to 6.7 No comments to the proposals were 1. The authority citation for 14 CFR miles west of the airport; and that airspace received. However the proposal was Part 71 continues to read as follows: extending upward from 1,200 feet above the published without the coordinates for Authority: 49 U.S.C. 40103, 40113, 40120; surface within a 12-mile radius of the Clam Cove NDB, which has been added: E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Annette Island VORTAC and within 10 miles lat. 55°20′44′′ N, long. 131°41′47′′ W. Comp., p. 389; 49 U.S.C. 106(g); 14 CFR east of the 169° bearing from the Clam Cove The FAA has determined that this 11.69. NDB extending from the NDB to 10 miles southeast of the airport; and that airspace change is editorial in nature and will § 71.1 [Amended] not increase the scope of this rule. extending upward from 4,700 feet MSL 2. The incorporation by reference in Except for the non-substantive changes within 13.2 miles east and 10.5 miles west 14 CFR 71.1 of Federal Aviation ° just discussed, the rule is adopted as of the 165 radial of the Annette Island Administration Order 7400.9D, Airspace proposed. VORTAC extending from the VORTAC to the Designations and Reporting Points, The coordinates for this airspace U.S.-Canada border; and that airspace dated September 4, 1995, and effective docket are based on North American extending upward from 5,200 feet MSL September 16, 1996, is amended as ° Datum 83. Class E airspace areas within 10 miles either side of the 349 follows: designated as airport surface areas are bearing from the Clam Cove NDB extending listed in paragraph 6002 and airspace * * * * * to 50 miles north of the airport; and that airspace extending upward from 5,700 feet designated as 700/1200 foot transition Paragraph 6002 The Class E airspace areas MSL within 15.6 miles south of the 311° areas are published in Paragraph 6005 of listed below are designated as a surface area radial of the Annette Island VORTAC for an airport. FAA Order 7400.9D, dated September 4, extending from 15.8 miles west of the 1995, and effective September 16, 1996, * * * * * VORTAC to 56.8 miles west of the VORTAC which are incorporated by reference in AAL AK E2 Ketchikan, AK [Revised] and within 9 miles north and 14 miles south 14 CFR 71.1 (58 FR 36298; July 6, 1993). of the Ketchikan Localizer west course Ketchikan International Airport, AK The Class E airspace designations listed extending from 4.3 miles west of the airport (Lat. 55°21′20′′ N, long. 131°42′49′′ W) in this document will be published to 42.7 miles west of the airport. subsequently in the Order. Ketchikan Localizer (Lat. 55°20′51′′ N, long. 131°42′00′′ W) * * * * * The Rule Within a 3-mile radius of the Ketchikan Issued in Anchorage, AK, on October 4, 1996. This amendment to part 71 of the International Airport and within 1 mile each side of the Ketchikan localizer northwest/ Willis C. Nelson, Federal Aviation Regulations (14 CFR southeast courses extending from the 3-mile Manager, Air Traffic Division, Alaskan part 71) revises the Class E airspace radius to 4.6 miles northwest and 4.1 miles Region. located at Ketchikan, AK, to provide southeast of the airport excluding that controlled airspace extending upward airspace beyond 2.5-miles of the Ketchikan [FR Doc. 96–26461 Filed 10–15–96; 8:45 am] from the surface area for aircraft International Airport beginning 1 mile east of BILLING CODE 4910±13±P Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53847

14 CFR Part 71 incorporated by reference in 14 CFR AAL AK E5 Nuiqsut, AK [New] 71.1 (58 FR 36298; July 6, 1993). The Nuiqsut Airport, AK [Airspace Docket No. 96±AAL±10] Class E airspace designations listed in (Lat. 70°12′38′′ N, long. 151°00′17′′ W) Establishment of Class E Airspace; this document will be published That airspace extending upward from 700 Nuiqsut, AK subsequently in the Order. feet above the surface within a 6.5-mile radius of the Nuiqsut Airport. The Rule AGENCY: Federal Aviation * * * * * Administration (FAA), DOT. This amendment to part 71 of the Issued in Anchorage, AK, on October 8, ACTION: Final rule. Federal Aviation Regulations (14 CFR 1996. part 71) establishes Class E airspace Willis C. Nelson, SUMMARY: This action establishes Class located at Nuiqsut, AK, to provide Manager, Air Traffic Division, Alaskan E airspace at Nuiqsut Airport, AK. The controlled airspace extending upward Region. development of a Global Positioning from 700 feet AGL for aircraft executing [FR Doc. 96–26476 Filed 10–15–96; 8:45 am] System (GPS) instrument approach instrument landing and departing BILLING CODE 4910±13±P procedure to Runway (RWY) 4 and 22 procedures. The airport VFR status will at Nuiqsut Airport has made this action change to IFR. necessary. The airport status will The Federal Aviation Administration 14 CFR Part 71 change from a visual flight rules (VFR) has determined that these proposed to an instrument flight rules (IFR) regulations only involve an established [Airspace Docket No. 96±AAL±8] airport. The intended effect of this body of technical regulations for which Revision of Class E Airspace; action is to provide adequate controlled frequent and routine amendments are Cordova, AK airspace for IFR operations at Nuiqsut necessary to keep them operationally Airport, AK. current. It, therefore—(1) is not a AGENCY: Federal Aviation EFFECTIVE DATE: 0901 UTC, January 30, ‘‘significant regulatory action’’ under Administration (FAA), DOT. 1997. Executive Order 12866; (2) is not a ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: ‘‘significant rule’’ under DOT Robert van Haastert, System Regulatory Policies and Procedures (44 SUMMARY: This action revises the Class Management Branch, AAL–538, Federal FR 11034; February 26, 1979); and (3) E airspace at Cordova, AK. The FAA has Aviation Administration, 222 West 7th does not warrant preparation of a developed a Required Navigation Avenue, Box 14, Anchorage, AK 99513– regulatory evaluation as the anticipated Performance (RNP) instrument approach 7587; telephone number (907) 271– impact is so minimal. Since this is a procedure to Merle K. (Mudhole) Smith 5863. routine matter that will only affect air Airport, Cordova, AK. This action is traffic procedures and air navigation, it intended to provide adequate Class E SUPPLEMENTARY INFORMATION: is certified that this rule will not have airspace to contain instrument flight History a significant economic impact on a rule (IFR) operations for aircraft substantial number of small entities executing instrument approach On July 2, 1996, a proposal to amend under the criteria of the Regulatory procedures at Merle K. (Mudhole) Smith part 71 of the Federal Aviation Flexibility Act. Airport, Cordova, AK. Regulations (14 CFR part 71) to revise EFFECTIVE DATE: 0901 UTC, January 30, the Class E airspace at Nuiqsut was List of Subjects in 14 CFR Part 71 1997. published in the Federal Register (61 Airspace, Incorporation by reference, FOR FURTHER INFORMATION CONTACT: FR 34393). The development of GPS Navigation (air). instrument approach procedures to Robert van Haastert, System RWY 4 and 22 at Nuiqsut Airport, AK, Adoption of the Amendment Management Branch, AAL–538, Federal has made this action necessary. In consideration of the foregoing, the Aviation Administration, 222 West 7th Interested parties were invited to Federal Aviation Administration Avenue, Box 14, Anchorage, AK 99513– participate in this rulemaking amends 14 CFR part 71 as follows: 7587; telephone number (907) 271– proceeding by submitting written 5863. PART 71Ð[AMENDED] comments on the proposal to the FAA. SUPPLEMENTARY INFORMATION: No comments to the proposals were 1. The authority citation for 14 CFR History received. However the proposal was Part 71 continues to read as follows: published with incorrect coordinates On July 2, 1996, a proposal to amend which have been corrected to read: Authority: 49 U.S.C. 40103, 40113, 40120; part 71 of the Federal Aviation E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Nuiqsut Airport (lat. 70°12′38′′ N, long. Regulations (14 CFR part 71) to revise ° ′ ′′ Comp., p. 389; 49 U.S.C. 106(g); 14 CFR 151 00 17 W). The Federal Aviation 11.69. the Class E airspace at Merle K. Administration has determined that (Mudhole) Smith was published in the these changes are editorial in nature and § 71.1 [Amended] Federal Register (61 FR 34397). will not increase the scope of this rule. 2. The incorporation by reference in Revision of the Class E airspace is Except for the non-substantive changes 14 CFR 71.1 of Federal Aviation required for the IFR approach and just discussed, the rule is adopted as Administration Order 7400.9D, Airspace departure procedures using RNP written. Designations and Reporting Points, instrument approach procedures at The coordinates for this airspace dated September 4, 1995, and effective Merle K. (Mudhole) Smith Airport, docket are based on North American September 16, 1996, is amended as Cordova, Alaska. This action will Datum 83. Class E airspace areas follows: provide adequate Class E airspace for designated as 700/1200 foot transition * * * * * IFR operations at Cordova, AK. areas are published in Paragraph 6005 of Paragraph 6005 Class E airspace extending Interested parties were invited to Federal Aviation Administration Order upward from 700 feet or more above the participate in this rulemaking 7400.9D, dated September 4, 1995, and surface of the earth. proceeding by submitting written effective September 16, 1996, which are * * * * * comments on the proposal to the FAA. 53848 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations

No comments to the proposals were PART 71Ð[AMENDED] 14 CFR Part 71 received. However the proposal was [Airspace Docket No. 96±AAL±5] published with incorrect coordinates 1. The authority citation for 14 CFR which have been corrected to read: Part 71 continues to read as follows: Establishment of Class E Airspace; Merle K. (Mudhole) Smith Airport (lat. Buckland, AK ° ′ ′′ ° ′ ′′ Authority: 49 USC 40103, 40113, 40120; 60 29 31 N, long. 145 28 40 W) and E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 AGENCY: Federal Aviation Merle K. (Mudhole) Smith Localizer (lat Comp., p. 389; 49 USC 106(g); 14 CFR 11.69. 60°29′51′′ N, long. 145°30′00′′ W). The Administration (FAA), DOT. FAA has determined that these changes § 71.1 [Amended] ACTION: Final rule. are editorial in nature and will not 2. The incorporation by reference in SUMMARY: This action establishes Class increase the scope of this rule. Except 14 CFR 71.1 of Federal Aviation E airspace at Buckland Airport, AK. The for the non-substantive changes just Administration Order 7400.9D, Airspace development of a Global Positioning discussed, the rule is adopted as Designations and Reporting Points, System (GPS) instrument approach written. dated September 4, 1995, and effective procedure to Runway (RWY) 10 at The coordinates for this airspace September 16, 1996, is amended as Buckland Airport has made this action docket are based on North American follows: necessary. The airport status will Datum 83. Class E airspace areas * * * * * change from a visual flight rules (VFR) designated as 700/1200 foot transition to an instrument flight rules (IFR) areas are published in Paragraph 6005 of Paragraph 6005 Class E airspace areas airport. This intended effect of this FAA Order 7400.9D, dated September 4, extending upward from 700 feet or more action is to provide adequate controlled 1995, and effective September 16, 1996, above the surface of the earth. airspace for IFR operations at Buckland which are incorporated by reference in * * * * * Airport, AK. 14 CFR 71.1 (58 FR 36298; July 6, 1993). AAL AK E5 Cordova, AK [Revised] EFFECTIVE DATE: 0901 UTC, January 30, The Class E airspace designations listed 1997. Cordova, Merle K. (Mudhole) Smith Airport, in this document will be published FOR FURTHER INFORMATION CONTACT: subsequently in the Order. AK (Lat. 60°29′31′′ N, long. 145°28′40′′ W) Robert van Haastert, System The Rule Glacier River NDB Management Branch, AAL–538, Federal (Lat. 60°29′56′′ N, long. 145°28′28′′ W) Aviation Administration, 222 West 7th This amendment to part 71 of the Merle K. (Mudhole) Smith Localizer Avenue, Box 14, Anchorage, AK 99513– Federal Aviation Regulations (14 CFR (Lat. 60°29′51′′ N, long. 145°30′00′′ W) 7587; telephone number (907) 271– part 71) revises the Class E airspace 5863. That airspace extending upward from 700 located at Merle K. (Mudhole) Smith feet above the surface within a 6.6-mile SUPPLEMENTARY INFORMATION: Airport, Cordova, AK, to provide radius of Merle K. (Mudhole) Smith Airport History controlled airspace extending upward and within 4 miles each side of the 222° from 700 feet AGL for aircraft executing bearing of the Glacier River NDB extending On July 2, 1996, a proposal to amend RNP instrument procedures. from the 6.6-mile radius to 20 miles part 71 of the Federal Aviation The FAA has determined that these southwest of the airport and within 4 miles Regulations (14 CFR part 71) to revise proposed regulations only involve an each side of the 142° bearing from the NDB the Class E airspace at Buckland was established body of technical extending from the 6.6-mile radius to 15.6 published in the Federal Register (61 regulations for which frequent and miles southeast of the airport; and that FR 34398). The development of GPS routine amendments are necessary to airspace extending upward from 1,200 feet instrument approach procedures at keep them operationally current. It, above the surface within 6 miles each side of Buckland Airport, AK, has made this therefore—(1) is not a ‘‘significant the Merle K. (Mudhole) Smith Localizer east action necessary. regulatory action’’ under Executive course extending from the localizer to 40.6 Interested parties were invited to Order 12866; (2) is not a ‘‘significant miles east of the airport and within 4 miles participate in this rulemaking rule’’ under DOT Regulatory Policies each side of the 268° bearing from the NDB proceeding by submitting written and Procedures (44 FR 11034; February extending from the Glacier River NDB to 33.6 comments on the proposal to the FAA. 26, 1979); and (3) does not warrant miles west of the airport and that airspace No comments to the proposals were preparation of a regulatory evaluation as within 4 miles west and 8 miles east of the received. However the proposal was ° the anticipated impact is so minimal. 222 bearing from the NDB extending from published with incorrect coordinates Since this is a routine matter that will 10.3 miles southwest of the NDB to 26.3 which have been corrected to read: ° ′ ′′ only affect air traffic procedures and air miles southwest of the NDB and within 10 Buckland NDB (lat. 65 58 47 N, long. ° ° ′ ′′ navigation, it is certified that this rule miles south and 5 miles north of the 299 161 08 58 W), Kotzebue VOR/DME (lat. bearing from the Glacier River NDB ° ′ ′′ ° ′ ′′ will not have a significant economic 66 53 08 N, long. 162 32 24 W), and extending from the 6.6-mile radius to 25 ° ′ ′′ impact on a substantial number of small Selawik VOR/DME (lat. 66 36 00 N, miles northwest of the airport; excluding the long. 159°59′30′′ W). The bearings from entities under the criteria of the airspace more than 12 miles beyond the Regulatory Flexibility Act. Kotzebue and Selawik have been shoreline. corrected from ‘‘Magnetic’’ to ‘‘True’’ List of Subjects in 14 CFR Part 71 * * * * * bearings, 154° and 230°. The Federal Issued in Anchorage, AK, on October 4, Aviation Administration has Airspace, Incorporation by reference, 1996. determined that these changes are Navigation (air). Willis C. Nelson, editorial in nature and will not increase Adoption of the Amendment Manager, Air Traffic Division, Alaskan the scope of this rule. Except for the Region. non-substantive changes just discussed, In consideration of the foregoing, the [FR Doc. 96–26475 Filed 10–15–96; 8:45 am] the rule is adopted as written. Federal Aviation Administration The coordinates for this airspace amends 14 CFR part 71 as follows: BILLING CODE 4910±13±P docket are based on North American Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53849

Datum 83. Class E airspace areas September 16, 1996, is amended as EFFECTIVE DATE: 0901 UTC, January 30, designated as 700/1200 foot transition follows: 1997. areas are published in Paragraph 6005 of * * * * * FOR FURTHER INFORMATION CONTACT: Federal Aviation Administration Order Robert van Haastert, System 7400.9D, dated September 4, 1995, and Paragraph 6005 Class E airspace areas extending upward from 700 feet or more Management Branch, AAL–538, Federal effective September 16, 1996, which are above the surface of the earth. Aviation Administration, 222 West 7th incorporated by reference in 14 CFR * * * * * Avenue, Box 14, Anchorage, AK 99513– 71.1 (58 FR 36298; July 6, 1993). The 7587; telephone number (907) 271– Class E airspace designations listed in AAL AK E5 Buckland, AK [New] 5863. this document would be published Buckland Airport, AK subsequently in the Order. (Lat. 65°58′40′′ N, long. 161°07′44′′ W) SUPPLEMENTARY INFORMATION: Buckland NDB History The Rule (Lat. 65°58′47′′ N, long. 161°08′58′′ W) On July 17, 1996, a proposal to amend This amendment to part 71 of the Kotzebue VOR/DME ° ′ ′′ ° ′ ′′ part 71 of the Federal Aviation Federal Aviation Regulations (14 CFR (Lat. 66 53 08 N, long. 162 32 24 W) Selawik VOR/DME Regulations (14 CFR part 71) to revise part 71) establishes Class E airspace (Lat. 66°36′00′′ N, long 159°59′30′′ W) the Class E airspace at Cold Bay, Nome, located at Buckland, AK, to provide That airspace extending upward from 700 and Tanana, AK, was published in the controlled airspace extending upward feet above the surface within a 6.5-mile Federal Register (61 FR 37231). The from 700 feet AGL for aircraft executing radius of the Buckland Airport; and that development of GPS instrument instrument landing and departing airspace extending upward from 1,200 feet approach procedures to RWY 9 and 2 at procedures. The airport VFR status will above the surface within 6 miles southwest Nome Airport, and GPS–B and GPS change to IFR. and 4 miles northeast of the 303° bearing of RWY 6 at Ralph M. Calhoun Memorial The Federal Aviation Administration the Buckland NDB extending from the 6.5- mile radius to 21 miles northwest, and 4 Airport, Tanana, AK, have made this has determined that these proposed miles either side of the Kotzebue VOR/DME action necessary. This revision of the regulations only involve an established 154° radial from the VOR/DME to 10.5 miles Cold Bay Class E airspace corrects ° body of technical regulations for which northwest on the 303 bearing from the discrepancies found in the legal frequent and routine amendments are Buckland NDB, and 4 miles either side of the description and aeronautical charts Selawik VOR/DME 230° radial from the necessary to keep them operationally during an airspace review. current. It, therefore—(1) is not a VOR/DME to 10.5 miles northwest on the 303° bearing from the Buckland NDB. Interested parties were invited to ‘‘significant regulatory action’’ under participate in this rulemaking * * * * * Executive Order 12866; (2) is not a proceeding by submitting written ‘‘significant rule’’ under DOT Issued in Anchorage, AK, on October 4, 1996. comments on the proposal to the FAA. Regulatory Policies and Procedures (44 No comments to the proposals were FR 11034); February 26, 1979); and (3) Willis C. Nelson, Manager, Air Traffic Division, Alaskan received. Thus, the rule is adopted as does not warrant preparation of a written. regulatory evaluation as the anticipated Region. [FR Doc. 96–26474 Filed 10–15–96; 8:45 am] The coordinates for this airspace impact is so minimal. Since this is a docket are based on North American routine matter that will only affect air BILLING CODE 4910±13±P Datum 83. Class E airspace areas traffic procedures and air navigation, it designated as airport surface areas are is certified that this rule will not have 14 CFR Part 71 published in Paragraph 6002 of Federal a significant economic impact on a Aviation Administration Order 7400.9D, substantial number of small entities [Airspace Docket No. 96±AAL±9] dated September 4, 1995, and effective under the criteria of the Regulatory September 6, 1996, which are Revision of Class E Airspace; Cold Flexibility Act. incorporated by reference in 14 CFR Bay, Nome, and Tanana, AK List of Subjects in 14 CFR Part 71 71.1 (58 FR 36298; July 6, 1993). The AGENCY: Federal Aviation Class E airspace designations listed in Airspace, Incorporation by reference, Administration (FAA), DOT. this document will be published Navigation (air). ACTION: Final rule. subsequently in the Order. Adoption of the Amendment SUMMARY: This action revises Class E The Rule In consideration of the foregoing, the airspace at Cold Bay, Nome, and This amendment to part 71 of the Federal Aviation Administration Tanana, AK. The development of Global Federal Aviation Regulations (14 CFR amends 14 CFR part 71 as follows: Positioning System (GPS) instrument part 71) revises Class E airspace located approach procedures to Runway (RWY) PART 71Ð[AMENDED] at Cold Bay, Nome, and Tanana, AK, to 9 and RWY 2 at Nome Airport, and provide controlled airspace extending 1. The authority citation for 14 CFR GPS–B and GPS RWY 6 at Ralph M. upward from 700 feet AGL for aircraft Part 71 continues to read as follows: Calhoun Memorial Airport, Tanana, AK, executing instrument landing and have made this action necessary. This Authority: 49 U.S.C. 40103, 40113, 40120; departing procedures. E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 revision of the Cold Bay Class E airspace The Federal Aviation Administration Comp., p. 389; 49 U.S.C. 106(g), 14 CFR corrects discrepancies found in the legal has determined that these proposed 11.69. description and aeronautical charts regulations only involve an established during an airspace review. The intended body of technical regulations for which § 71.1 [Amended] effect of this action is to provide frequent and routine amendments are 2. The incorporation by reference in adequate controlled airspace for IFR necessary to keep them operationally 14 CFR 71.1 of Federal Aviation operations at the Nome Airport, Ralph current. It, therefore—(1) is not a Administration Order 7400.9D, Airspace M. Calhoun Memorial Airport, Tanana, ‘‘significant regulatory action’’ under Designations and Reporting Points, AK, and correct the Cold Bay, AK, Executive Order 12866; (2) is not a dated September 4, 1995, and effective airspace description and depiction. ‘‘significant rule’’ under DOT 53850 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations

Regulatory Policies and Procedures (44 the 3.9-mile radius to 12.1 miles east of the 7587; telephone number (907) 271– FR 11034; February 26, 1979); and (3) airport, and within 3.4 miles each side of the 5863. ° does not warrant preparation of a Nome VORTAC 286 radial extending from SUPPLEMENTARY INFORMATION: regulatory evaluation as the anticipated the 3.9-mile radius to 6 miles west of the airport, and within 3.5 miles each side of the History impact is so minimal. Since this is a 195° bearing from the Gold NDB/DME routine matter that will only affect air extending from the 3.9 mile radius to 6 miles On July 2, 1996, a proposal to amend traffic procedures and air navigation, it south of the airport. part 71 of the Federal Aviation is certified that this rule will not have * * * * * Regulations (14 CFR part 71) to revise a significant economic impact on a the Class E airspace at Wainwright was AAL AK E2 Tanana, AK [Revised] substantial number of small entities published in the Federal Register (61 under the criteria of the Regulatory Ralph M. Calhoun Memorial Airport, AK ° ′ ′′ ° ′ ′′ FR 34395). The development of GPS Flexibility Act. (Lat. 65 10 28 N, long. 152 06 34 W) instrument approach procedures to Bear Creek NDB List of Subjects in 14 CFR Part 71 (Lat. 65°10′26′′ N, long. 152°12′21′′ W) RWY 4 and 22 at Wainwright Airport, AK, has made this action necessary. Airspace, Incorporation by reference, Tanana VOR/DME ° ′ ′′ ° ′ ′′ Interested parties were invited to Navigation (air). (Lat. 65 10 38 N, long. 152 10 39 W) Within a 3.9-mile radius of the Ralph M. participate in this rulemaking Adoption of the Amendment Calhoun Memorial Airport and within 2.5 proceeding by submitting written In consideration of the foregoing, the miles south and 3.5 miles north of the 250° comments on the proposal to the FAA. Federal Aviation Administration bearing from the Bear Creek NDB extending No comments to the proposals were amends 14 CFR part 71 as follows: from the NDB to 9.5 miles west of the NDB, received. However the proposal was and 2.5 miles north of the Tanana VOR/DME published with incorrect coordinates ° PART 71Ð[AMENDED] 277 radial extending from 3.9-mile radius to which have been corrected to read: 7 miles west of the VOR/DME. This Class E Wainwright Airport (lat. 70°38′19′′ N, airspace area is effective during the specific 1. The authority citation for 14 CFR long. 159°59′52′′ W). The Federal Part 71 continues to read as follows: dates and times established in advance by a Notice to Airmen. The effective date and time Aviation Administration has Authority: 49 U.S.C. 40103, 40113, 40120; will thereafter be continuously published in determined that these changes are E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 the Supplement Alaska (Airport/Facility editorial in nature and will not increase Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Directory). the scope of this rule. Except for the 11.69. * * * * * non-substantive changes just discussed, § 71.1 [Amended] Issued in Anchorage, AK, on October 4, the rule is adopted as written. 2. The incorporation by reference in 1996. The coordinates for this airspace 14 CFR 71.1 of Federal Aviation Willis C. Nelson, docket are based on North American Administration Order 7400.9D, Manager, Air Traffic Division. Datum 83. Class E airspace areas Airspace Designations and Reporting [FR Doc. 96–26473 Filed 10–15–96; 8:45 am] designated as 700/1200 foot transition areas are published in Paragraph 6005 of Points, dated September 4, 1995, and BILLING CODE 4910±13±P effective September 16, 1996, is Federal Aviation Administration Order amended as follows: 7400.9D, dated September 4, 1995, and effective September 16, 1996, which are * * * * * 14 CFR Part 71 Paragraph 6002 The Class E airspace areas incorporated by reference in 14 CFR listed below are designated as a surface area [Airspace Docket No. 96±AAL±11] 71.1 (58 FR 36298; July 6, 1993). The for an airport. Class E airspace designations listed in * * * * * Establishment of Class E Airspace; this document will be published Wainwright, AK subsequently in the Order. AAL AK E2 Cold Bay, AK [Revised] AGENCY The Rule Cold Bay Airport, AK : Federal Aviation (Lat. 55°12′20′′ N, long. 162°43′27′′ W) Administration (FAA), DOT. This amendment to part 71 of the Cold Bay VORTAC ACTION: Final rule. Federal Aviation Regulations (14 CFR ° ′ ′′ ° ′ ′′ (Lat. 55 16 03 N, long. 162 46 27 W) part 71) establishes Class E airspace Elfee NDB SUMMARY: This action establishes Class located at Wainwright, AK, to provide (Lat. 55°17′46′′ N, long. 162°47′21′′ W) E airspace at Wainwright Airport, AK. controlled airspace extending upward Within a 4.7-mile radius of the Cold Bay The development of a Global from 700 feet AGL for aircraft executing Airport and within 2.6 miles each side of the Positioning System (GPS) instrument 338° bearing and the 158° bearing from the instrument landing and departing approach procedure to Runway (RWY) 4 procedures. The airport VFR status will Elfee NDB, extending from the 4.7-mile and 22 at Wainwright Airport has made radius to 13 miles north of the airport and change to IFR. within 3 miles each side of the Cold Bay this action necessary. The airport status The Federal Aviation Administration VORTAC 150° radial, extending from the 4.7- will change from a visual flight rules has determined that these proposed mile radius to 17.4 miles south of the airport. (VFR) to an instrument flight rules (IFR) regulations only involve an established * * * * * airport. This intended effect of this body of technical regulations for which action is to provide adequate controlled AAL AK E2 Nome, AK [Revised] frequent and routine amendments are airspace for IFR operations at necessary to keep them operationally Nome Airport. AK Wainwright Airport, AK. current. It, therefore—(1) is not a (Lat. 64°30′44′′ N, long. 165°26′43′′ W) EFFECTIVE DATE: 0901 UTC, January 30, ‘‘significant regulatory action’’ under Nome VORTAC 1997. (Lat. 64°29′06′′ N, long. 165°15′11′′ W) Executive Order 12866; (2) is not a Gold NDB/DME FOR FURTHER INFORMATION CONTACT: ‘‘significant rule’’ under DOT (Lat. 64°30′46′′ N, long. 165°25′01′′ W) Robert van Haastert, System Regulatory Policies and Procedures (44 Within a 3.9-mile radius of the Nome Management Branch, AAL–538, Federal FR 11034; February 26, 1979); and (3) Airport and within 3.4 miles each side of the Aviation Administration, 222 West 7th does not warrant preparation of a Nome VORTAC 106° radial, extending from Avenue, Box 14, Anchorage, AK 99513– regulatory evaluation as the anticipated Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53851 impact is so minimal. Since this is a ACTION: Final rule. established body of technical routine matter that will only affect air regulations for which frequent and traffic procedures and air navigation, it SUMMARY: This action revises the Class routine amendments are necessary to is certified that this rule will not have E airspace at Homer, AK. The FAA has keep them operationally current. It, a significant economic impact on a developed a Global Positioning System therefore—(1) is not a ‘‘significant substantial number of small entities (GPS) instrument approach procedure to regulatory action’’ under Executive under the criteria of the Regulatory RWY 21 at Homer, AK. This action is Order 12866; (2) is not a ‘‘significant Flexibility Act. intended to provide adequate Class E rule’’ under DOT Regulatory Policies airspace to contain instrument flight and Procedures (44 FR 11034; February List of Subjects in 14 CFR Part 71 rule (IFR) operations for aircraft 26, 1979); and (3) does not warrant Airspace, Incorporation by reference, executing instrument approach preparation of a regulatory evaluation as Navigation (air). procedures at Homer, AK. the anticipated impact is so minimal. EFFECTIVE DATE: 0901 UTC, January 30, Adoption of the Amendment Since this is a routine matter that will 1997. only affect air traffic procedures and air In consideration of the foregoing, the FOR FURTHER INFORMATION CONTACT: navigation, it is certified that this rule FAA amends 14 CFR part 71 as follows: Robert van Haastert, System will not have a significant economic Management Branch, AAL–538, Federal impact on a substantial number of small PART 71Ð[AMENDED] Aviation Administration, 222 West 7th entities under the criteria of the 1. The authority citation for 14 CFR Avenue, Box 14, Anchorage, AK 99513– Regulatory Flexibility Act. Part 71 continues to read as follows: 7587; telephone number (907) 271– List of Subjects in 14 CFR Part 71 5863. Authority: 49 U.S.C. 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 SUPPLEMENTARY INFORMATION: Airspace, Incorporation by reference, Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Navigation (air). 11.69. History Adoption of the Amendment § 71.1 [Amended] On July 18, 1996, a proposal to amend part 71 of the Federal Aviation In consideration of the foregoing, the 2. The incorporation by reference in Regulations (14 CFR part 71) to revise Federal Aviation Administration 14 CFR 71.1 of Federal Aviation the Class E airspace at Homer was amends 14 CFR part 71 as follows: Administration Order 7400.9C, Airspace published in the Federal Register (61 Designations and Reporting Points, FR 37407). Revision of the Class E PART 71Ð[AMENDED] dated September 4, 1995, and effective airspace is required for the IFR September 16, 1996, is amended as approach and departure procedures 1. The authority citation for 14 CFR follows: using GPS and NDB instrument Part 71 continues to read as follows: * * * * * approach procedures at Homer, Alaska. Authority: 49 U.S.C. 40103, 40113, 40120; Paragraph 6005 Class E airspace area This action will provide adequate Class E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 extending upward from 700 feet or more E airspace for IFR operations at Homer, Comp., p. 389; 49 U.S.C. 106(g); 14 CFR above the surface of the earth. AK. 11.69. * * * * * Interested parties were invited to § 71.1 [Amended] AAL AK E5 Wainwright, AK [New] participate in this rulemaking Wainwright Airport, AK proceeding by submitting written 2. The incorporation by reference in (Lat. 70°38′19′′ N, long. 159°59′52′′ W) comments on the proposal to the FAA. 14 CFR 71.1 of Federal Aviation That airspace extending upward from 700 No comments to the proposals were Administration Order 7400.9D, Airspace feet above the surface within a 8.5-mile received. Thus, the rule is adopted as Designations and Reporting Points, radius of the Wainwright Airport; and that written. dated September 4, 1995, and effective airspace extending upward from 1,200 feet The coordinates for this airspace September 16, 1996, is amended as above the surface within 6 miles south and docket are based on North American follows: ° 4 miles north of the 247 bearing from the Datum 83. Class E airspace areas * * * * * Wainwright airport extending from the 8.5- designated as 700/1200 foot transition Paragraph 6005 Class E airspace areas mile radius to 16 miles southwest, and 6 ° areas are published in Paragraph 6005 of extending upward from 700 feet or more miles north of the 068 bearing extending FAA Order 7400.9D, dated September 4, above the surface of the earth. from the 8.5-mile radius to 16 miles east. 1996, and effective September 16, 1996, * * * * * * * * * * which are incorporated by reference in Issued in Anchorage, AK, on October 4, 14 CFR 71.1 (58 FR 36298; July 6, 1993). AAL AK E5 Homer, AK [Revised] 1996. The Class E airspace designations listed Homer Airport, AK ° ′ ′′ ° ′ ′′ Willis C. Nelson, in this document will be published (Lat. 59 38 42 N, long. 151 28 42 W) Manager, Air Traffic Division Alaskan Region. Kachemak NDB subsequently in the Order. ° ′ ′′ ° ′ ′′ [FR Doc. 96–26471 Filed 10–15–96; 8:45 am] (Lat. 59 38 29 N, long. 151 30 01 W) BILLING CODE 4910±13±P The Rule That airspace extending upward from 700 This amendment to part 71 of the feet above the surface within a 6.7-mile radius of the Homer Airport and within 2.5 Federal Aviation Regulations (14 CFR ° 14 CFR Part 71 miles each side of the 220 bearing of the part 71) revises the Class E airspace Kachemak NDB extending from the 6.7-mile located at Homer, AK, to provide [Airspace Docket No. 96±AAL±13] radius of the airport to 7.7 miles southwest controlled airspace extending upward of the airport, and within 2 miles each side Revision of Class E Airspace; Homer, from 700 feet AGL for aircraft executing of the 070° bearing from the airport extending AK instrument landing and departing to 9 miles east of the airport; excluding that procedures. airspace north of a line 2.5 miles north and AGENCY: Federal Aviation The FAA has determined that these parallel to Runway 3–21. Administration (FAA), DOT. proposed regulations only involve an * * * * * 53852 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations

Issued in Anchorage, AK, on October 4, Since this action simply changes the ‘‘Using agency, U.S. Army, Commander, 1996. published using agency of certain Fort Richardson, AK.’’ Willis C. Nelson, restricted areas, and changes the name R–2203C Eagle River, AK [Amended] Manager, Air Traffic Division, Alaskan of R–2205, the FAA finds that notice Region. and public procedure under 5 U.S.C. By removing the present using agency [FR Doc. 96–26470 Filed 10–15–96; 8:45 am] 553(b) are unnecessary because this and substituting the following: BILLING CODE 4910±13±P action is a minor technical amendment ‘Using agency, U.S. Army, Commander, in which the public would not be Fort Richardson, AK.’’ particularly interested. Section 73.22 of R–2205 Yukon, AK [Amended] 14 CFR Part 73 part 73 of the Federal Aviation By removing the present name and [Airspace Docket No. 96±AAL±20] Regulations was republished in FAA Order 7400.8D dated July 11, 1996. using agency and substituting the RIN: 2120±AA66 following: Environmental Review Change Using Agency for Restricted ‘‘R–2205 Stuart Creek, AK.’’ This action is a minor administrative ‘‘Using agency. U.S. Army, Commander, Areas 2202 (R±2202), Big Delta, AK; R± change amending the published using Fort Richardson, AK.’’ 2203, Eagle River, AK; R±2205, Yukon, agency of certain restricted areas and R–2211 Blair Lakes, AK [Amended] AK; and R±2211, Blair Lakes, AK changing the name of R–2205. There are AGENCY: Federal Aviation no changes to air traffic control By removing the present using agency Administration (FAA), DOT. procedures or routes as a result of this and substituting the following: ACTION: Final rule. action. Therefore, this action is not ‘‘Using agency. U.S. Air Force, 345th subject to environmental assessments Fighting Wing, Eielson AFB, AK.’’ SUMMARY: This action changes the using and procedures under FAA Order Issued in Washington, DC, on October 7, agency for Restricted Areas 2202 (R– 1050.1D, ‘‘Policies and Procedures for 1996. 2202), Big Delta, AK; R–2203, Eagle Considering Environmental Impacts,’’ Jeff Griffith, River, AK; R–2205, Yukon, AK; and R– and the National Environmental Policy Program Director for Air Traffic Airspace 2211, Blair Lakes, AK. In addition, this Act. Management. action changes the name of R–2205 from List of Subjects in 14 CFR Part 73 [FR Doc. 96–26323 Filed 10–15–96; 8:45 am] Yukon, AK, to Stuart Creek, AK. BILLING CODE 4910±13±P±M EFFECTIVE DATE: 0901 UTC, December 5, Airspace, Navigation (air) 1996. Adoption of the Amendment FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules In consideration of the foregoing, the DEPARTMENT OF HEALTH AND Division, ATA–400, Office of Air Traffic Federal Aviation Administration HUMAN SERVICES amends 14 CFR part 73, as follows: Airspace Management, Federal Aviation Food and Drug Administration Administration, 800 Independence PART 73Ð[AMENDED] Avenue, SW., Washington, DC 20591; 21 CFR Part 177 telephone (202) 267–8783. 1. The authority citation for part 73 continues to read as follows: [Docket No. 95F±0201] SUPPLEMENTARY INFORMATION: Authority: 49 U.S.C. 106(g), 40103, 40113, Indirect Food Additive: Polymers Background 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389; 14 CFR 11.69. As a result of a recent review of AGENCY: Food and Drug Administration, restricted airspace in Alaska, the U.S. § 73.22 [Amended] HHS. military requested that the FAA take ACTION: Final rule. action to change the using agencies for 2. Section 73.22 is amended as follows: restricted areas to reflect the current SUMMARY: The Food and Drug chain-of-command. Additionally, this R–2202A Big Delta, AK [Amended] Administration (FDA) is amending the action changes the present name of R– By removing the present using agency food additive regulations to provide for 2205, Yukon, AK, to Stuart Creek, AK. and substituting the following: the safe use of poly(trimethyl This change in name is a better hexamethylene terephthalamide) as a reflection of the restricted area’s ‘‘Using agency. U.S. Army, Commander, component of articles intended for food- Cold Regions Test Activity, Fort Greely, AK.’’ location. contact use. This action is in response The Amendment R–2202C Big Delta, AK [Amended] to a petition filed by Huls Aktiengesellschaft (Huls AG). This amendment to Title 14 of the By removing the present using agency Code of Federal Regulations part 73 (14 and substituting the following: DATES: Effective October 16, 1996; written objections and requests for a CFR part 73) changes the using agency ‘‘Using agency, U.S. Army, Commander, for R–2202, Big Delta, AK; R–2203, Cold Regions Test Activity, Fort Greely, AK.’’ hearing by November 15, 1996. Eagle River, AK; R–2205 Yukon, AK; ADDRESSES: Submit written objections to R–2203A Eagle River, AK [Amended] and R–2211, Blair Lakes, AK. the Dockets Management Branch (HFA– Additionally this action changes the By removing the present using agency 305), Food and Drug Administration, present name of R–2205, Yukon, AK, to and substituting the following: 12420 Parklawn Dr., rm. 1–23, Stuart Creek, AK. There are no other ‘‘Using agency. U.S. Army, Commander, Rockville, MD 20857. changes effecting these restricted areas, Fort Richardson, AK.’’ FOR FURTHER INFORMATION CONTACT: including no changes to the boundaries, Mark A. Hepp, Center for Food Safety altitudes, times of designation, or R–2203B Eagle River, AK [Amended] and Applied Nutrition (HFS–216), Food activities conducted within the By removing the present using agency and Drug Administration, 200 C St. SW., restricted areas. and substituting the following: Washington, DC 20204, 202–418–3098. Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53853

SUPPLEMENTARY INFORMATION: In a notice available for public disclosure before document. Any objections received in published in the Federal Register of making the documents available for response to the regulation may be seen August 18, 1995 (60 FR 43157), FDA inspection. in the Dockets Management Branch announced that a food additive petition The agency has carefully considered between 9 a.m. and 4 p.m., Monday (FAP 2B4328) had been filed by Huls the potential environmental effects of through Friday. Aktiengesellschaft, Marl, Germany this action. FDA has concluded that the List of Subjects in 21 CFR Part 177 (currently c/o Huls America, Inc., action will not have a significant impact Turner Pl., P.O. Box 365, Piscataway, NJ on the human environment, and that an Food additives, Food packaging. 08855–0365). The petition proposed to environmental impact statement is not Therefore, under the Federal Food, amend the food additive regulations in required. The agency’s finding of no Drug, and Cosmetic Act and under § 177.1500 Nylon resins (21 CFR significant impact and the evidence authority delegated to the Commissioner 177.1500) to provide for the safe use of supporting that finding, contained in an of Food and Drugs and redelegated to poly(trimethyl hexamethylene environmental assessment, may be seen the Director, Center for Food Safety and terephthalamide) as a component of in the Dockets Management Branch Applied Nutrition, 21 CFR part 177 is articles intended for food-contact uses. (address above) between 9 a.m. and 4 amended as follows: However, the petition was subsequently p.m., Monday through Friday. amended to restrict the use of the Any person who will be adversely PART 177ÐINDIRECT FOOD subject additive to repeat-use articles affected by this regulation may at any ADDITIVES: POLYMERS time on or before November 15, 1996, that do not include reusable bottles. 1. The authority citation for 21 CFR file with the Dockets Management Therefore, this final rule will amend the part 177 continues to read as follows: regulations to authorize the use of the Branch (address above) written additive in repeat-use articles excluding objections thereto. Each objection shall Authority: Secs. 201, 402, 409, 721 of the reusable bottles. be separately numbered, and each Federal Food, Drug, and Cosmetic Act (21 FDA has evaluated data in the numbered objection shall specify with U.S.C. 321, 342, 348, 379e). petition and other relevant material. The particularity the provisions of the 2. Section 177.1500 is amended by agency concludes that the proposed use regulation to which objection is made adding new paragraph (a)(16), in the of the additive in repeat-use articles and the grounds for the objection. Each table in paragraph (b) by adding a new (excluding bottles) is safe and that the numbered objection on which a hearing entry ‘‘16.’’, and in the first sentence in additive will have the intended is requested shall specifically so state. paragraph (c)(5)(ii) by removing the technical effect. The agency has also Failure to request a hearing for any word ‘‘resin’’ the first time it appears determined, with the petitioner’s particular objection shall constitute a and by adding in its place the phrase concurrence, that the additive should be waiver of the right to a hearing on that ‘‘and Nylon PA–6–3–T resins’’ to read listed by its classification name, Nylon objection. Each numbered objection for as follows: resin PA 6–3–T. Therefore, § 177.1500 which a hearing is requested shall will be amended as set forth below. include a detailed description and § 177.1500 Nylon resins. In accordance with § 171.1(h) (21 CFR analysis of the specific factual * * * * * 171.1(h)), the petition and the information intended to be presented in (a) * * * documents that FDA considered and support of the objection in the event (16) Nylon resins PA 6–3–T (CAS relied upon in reaching its decision to that a hearing is held. Failure to include Registry No. 26246–77–5) are approve the petition are available for such a description and analysis for any manufactured by the condensation of 50 inspection at the Center for Food Safety particular objection shall constitute a mol percent 1,4-benzenedicarboxylic and Applied Nutrition by appointment waiver of the right to a hearing on the acid, dimethyl ester and 50 mol percent with the information contact person objection. Three copies of all documents of an equimolar mixture of 2,2,4- listed above. As provided in § 171.1(h), shall be submitted and shall be trimethyl-1,6-hexanediamine and 2,4,4- the agency will delete from the identified with the docket number trimethyl-1,6-hexanediamine. documents any materials that are not found in brackets in the heading of this (b) * * *

Maximum extractable fraction in selected sol- Melting vents (expressed in percent by weight of point (de- resin) Nylon resins Specific grees Solubility in boiling Viscosity gravity Fahr- 4.2N HCl No. (mL/g) 95 percent enheit) Water ethyl alco- Ethyl ace- Ben- hol tate zene

******* 16. Nylon resins PA 6±3±T for 1.12±0.03 NA Insoluble after 1 h. > 110 0.007 0.64 0.003 0 repeated-use (excluding bot- tles) in contact with food of type VIA and VIB described in Table 1 of § 176.170(c) of this chapter under conditions of use D through H described in Table 2 of § 176.170(c) of this chapter with a hot-fill tempera- ture limitation of 40 °C. 53854 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations

* * * * * satisfy the requirements of the 40 CFR citation OMB con- Dated: October 3, 1996. Paperwork Reduction Act (44 U.S.C. trol No. Fred R. Shank, 3501 et seq.) and OMB’s implementing regulations at 5 CFR part 1320. Director, Center for Food Safety and Applied This ICR was previously subject to ***** Nutrition. National Primary Drinking [FR Doc. 96–26516 Filed 10–15–96; 8:45 am] public notice and comment prior to Water Regulations OMB approval. As a result, EPA finds BILLING CODE 4160±01±F that there is ‘‘good cause’’ under section ***** 553(b)(B) of the Administrative 141.140±141.144 ...... 2040±0183 Procedure Act (5 U.S.C. 553(b)(B)) to ENVIRONMENTAL PROTECTION amend this table without prior notice ***** AGENCY and comment. Due to the technical [FR Doc. 96–26452 Filed 10–15–96; 8:45 am] 40 CFR Part 9 nature of the table, further notice and comment would be unnecessary. BILLING CODE 6560±50±P [FRL±5634±9] Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is OMB Approval Numbers Under the 40 CFR PART 80 not a ‘‘significant regulatory action’’ and Paperwork Reduction Act is therefore not subject to review by the [FRL±5636±2] AGENCY: Environmental Protection Office of Management and Budget. In Agency (EPA). addition, this action does not impose Petition by Guam for Exemption From Anti-Dumping and Detergent ACTION: Final rule. any enforceable duty or contain any unfunded mandate as described in the Additization Requirements for SUMMARY: In compliance with the Unfunded Mandates Reform Act of 1995 Conventional Gasoline Paperwork Reduction Act (PRA), this (Pub. L. 104–4), or require prior AGENCY: Environmental Protection technical amendment amends the table consultation with State officials as Agency. that lists the Office of Management and specified by Executive Order 12875 (58 ACTION: Notice of direct final decision. Budget (OMB) control numbers issued FR 58093, October 28, 1993), or involve under the PRA for ‘‘National Primary special consideration of environmental SUMMARY: The Environmental Protection Drinking Water Regulations: Monitoring justice related issues as required by Agency (‘‘EPA’’ or ‘‘the Agency’’) is Requirements for Public Drinking Water Executive order 12898 (59 FR 7629, granting a petition by the Territory of Supplies: Cryptosporidium, Giardia, February 16, 1994). Guam for exemption from the anti- Viruses, Disinfection Byproducts, Water Because EPA is not taking comment dumping requirements for gasoline sold Treatment Plant Data and Other on this correction, it is therefore not in the United States after January 1, Information Requirements’’. subject to the provisions of the 1995. This action is being taken because EFFECTIVE DATE: This final rule is Regulatory Flexibility Act (5 U.S.C. 601 of Guam’s unique geographic location effective November 15, 1996. et seq.). and economic factors. EPA is not FOR FURTHER INFORMATION CONTACT: List of Subjects in 40 CFR Part 9 granting Guam’s petition for exemption Thomas R. Grubbs, (202) 260–7270. from the fuel detergent additization SUPPLEMENTARY INFORMATION: EPA is Reporting and recordkeeping requirements that all gasoline sold in today amending the table of currently requirements. the United States after January 1, 1995 approved information collection request Dated: September 26, 1996. contain fuel detergents. If the gasoline (ICR) control numbers issued by OMB Robert Perciasepe, anti-dumping exemption were not for various regulations. Today’s Assistant Administrator, Office of Water. granted, Guam would be required to amendment updates the table to list import gasoline from a supplier meeting those information requirements For the reasons set out in the the anti-dumping requirements adding a promulgated under the ‘‘National preamble, 40 CFR part 9 is amended as considerable expense to gasoline Primary Drinking Water Regulations: follows: purchased by the Guam consumer. Monitoring Requirements for Public 1. The authority citation for part 9 Guam is in full attainment with the Drinking Water Supplies: continues to read as follows: national ambient air quality standard for Cryptosporidium, Giardia, Viruses, Authority: 7 U.S.C. 135 et seq., 136–136y; ozone. This action is not expected to Disinfection Byproducts, Water 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; cause harmful environmental effects to Treatment Plant Data and Other 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 the citizens of Guam. Information Requirements’’ which U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, Today’s action is being taken as a appeared in the Federal Register on 1321, 1326, 1330, 1342, 1344, 1345 (d) and direct final decision because EPA (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, May 14, 1996 (61 FR 24354). The believes that this final decision is 1971–1975 Comp. p. 973; 42 U.S.C. 241, noncontroversial. The effects of this affected regulations are codified at 40 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, Code of Federal Regulations (CFR) part 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, decision are limited to the Territory of 141. EPA will continue to present OMB 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., Guam. control numbers in a consolidated table 6901–6992k, 7401–7671q, 7542, 9601–9657, DATES: This action will be effective on format to be codified in 40 CFR part 9 11023, 11048. December 16, 1996 document, unless of the Agency’s regulations, and in each 2. Section 9.1 is amended by adding EPA receives adverse or critical CFR volume containing EPA the new entries under the indicated comments by November 15, 1996. If the regulations. The table lists the section heading to the table under the indicated Agency receives adverse or critical numbers with reporting and heading to read as follows: comments, EPA will withdraw this recordkeeping requirements, and the action by publishing a timely notice in current OMB control numbers. This § 9.1 OMB approvals under the Paperwork the Federal Register. In a separate listing of the OMB control numbers and Reduction Act. action published today, EPA is their subsequent codification in the CFR * * * * * concurrently proposing approval of the Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53855 gasoline anti-dumping exemption A–95–19 at the Air Docket Office of the FOR FURTHER INFORMATION CONTACT: portion of Guam’s petition for reasons EPA, room M–1500, 401 M Street, SW., Marilyn Winstead McCall of the Fuels discussed in this document. All Washington, DC 20460, (202) 260–7548, and Energy Division at (202) 233–9029. correspondence should be directed to between the hours of 8:00 a.m. to 5:30 SUPPLEMENTARY INFORMATION: the addresses shown below. p.m. Monday through Friday. A ADDRESSES: Any persons wishing to duplicate public docket, A–GU–95, has I. Background submit comments should submit them been established at U. S. EPA Region IX, A. Regulated Entities (in duplicate, if possible) to the two 75 Hawthorne Street, (Mail code: A–2– dockets listed below, with a copy 1), 17th Floor, San Francisco, Ca 94105, Entities potentially affected by this forwarded to Marilyn Winstead McCall, (415) 744–1225, and is available action are those involved with the U. S. Environmental Protection Agency, between the hours of 8:30 a.m. to noon, production, distribution, and sale of Fuels and Energy Division, 401 M and 1 p.m. to 5 p.m., Monday through conventional gasoline and gasoline Street, SW., (Mail Code: 6406J), Friday. As provided in 40 CFR part 2, Washington, DC. 20460. detergent additives for gasoline used in Materials relevant to this petition are a reasonable fee may be charged for Guam. Regulated categories and entities available for inspection in public docket copying services. include:

Category Examples of regulated entities

Industry ...... Detergent manufacturers, detergent transporters, gasoline refiners and importers, gasoline terminals, detergent blenders, gas- oline truckers, and gasoline retailers and wholesale purchaser-consumers.

This table is not intended to be volumetric additive reconciliation who sell or dispense to ultimate exhaustive, but rather provides a guide records and product transfer documents consumers in the United States any for readers regarding entities likely to be be maintained by certain persons who gasoline which does not contain affected by this action. This table lists add the required detergent to the additives to prevent the accumulation of the types of entities that EPA is now gasoline and transfer the product to deposits in engines or fuel supply aware could potentially be affected by other persons. Since Guam is in systems.’’ The regulations implementing this decision. Other types of entities not attainment for ozone, it is not required this requirement are commonly referred listed could also be affected. To to offer reformulated gasoline. However, to as the ‘‘gasoline deposit control’’ or determine whether your organization is providers of gasoline such as those ‘‘detergent additization’’ regulation. The affected by this decision, you should listed in the table above in Guam are Territory of Guam is defined as a state carefully examine the applicability required to provide conventional in these regulations.2 requirements in § 80.90, § 80.125, and gasoline that meets the anti-dumping Section 325 of the Act provides that, § 80.161, Subparts E, F, and G provisions and the detergent upon petition by the Governor of Guam, respectively of title 40, of the Code of additization requirements. American Samoa, the Virgin Islands, or Federal Regulations (CFR). If you have the Commonwealth of the Northern B. Statutory Provisions any questions regarding the Mariana Islands, the Administrator may applicability of this action to a Section 211(k) of the Clean Air Act exempt any person or source in such particular entity, consult the person (‘‘CAA’’ or ‘‘the Act’’) requires that territory from various requirements of listed in the preceding gasoline be reformulated to reduce the Act. It states that ‘‘such exemption FOR FURTHER INFORMATION CONTACT motor vehicle emissions of toxic and may be granted if the Administrator section. tropospheric ozone-forming finds that compliance with such The Governor of Guam petitioned the compounds, and that this reformulated requirements is not feasible or is Agency on December 30, 1994 seeking gasoline be sold in the nine largest unreasonable due to unique exemption from certain federal metropolitan areas with the most severe geographical, meteorological, or regulations promulgated under the summertime ozone levels and other economic factors of such territory, or Clean Air Act (‘‘CAA’’ of ‘‘Act’’). On ozone nonattainment areas that opt into such other local factors as the December 15, 1993, EPA promulgated the program. Section 211(k)(8) prohibits Administrator deems significant.’’ regulations on the production and sale conventional gasoline (gasoline that has EPA previously granted Guam an of gasoline that is not required to be not been ‘‘reformulated’’) sold in the exemption from the sulfur content reformulated, or ‘‘conventional’’ rest of the country from becoming any requirements for motor vehicle diesel gasoline. For conventional gasoline, the more polluting than it was in 1990. This fuels as specified in sections 211(i) and gasoline produced by a refiner or requirement ensures that refiners do not (g) of the Act on May 7, 1993. That importer is required to cause no more ‘‘dump’’ fuel components that are exemption was effective November 21, motor vehicle emissions than gasoline restricted in reformulated gasoline and 1993. A more in-depth description of produced by that refiner or importer in that cause environmentally harmful Guam’s geographical, meteorological 1990. This is commonly called the emissions from use of conventional and economic characteristics are ‘‘anti-dumping’’ program. On October gasoline. This requirement is referred to discussed in the notice of direct final 14, 1994, and July 5, 1996, EPA as the ‘‘anti-dumping’’ standards for decision granting that petition for promulgated regulations requiring that conventional gasoline.1 exemption (see 58 FR 48968, September all gasoline contain a fuel detergent to Section 211(l) states that ‘‘no person 21, 1993). control deposits. The fuel detergent may sell or dispense to an ultimate additization regulations require that all consumer in the United States, and no II. Summary of Guam’s Petition gasoline sold or dispensed in the United refiner or marketer may directly or On December 30, 1994, the Honorable States contain additives to prevent indirectly sell or dispense to persons Joseph F. Ada, Governor of the Territory accumulation of deposits in vehicle engines or fuel supply systems, and that 1 40 CFR Part 80, Subparts E and F. 2 40 CFR Part 80, Subparts A and G. 53856 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations of Guam, petitioned the Agency for an 70 miles an hour pass within 60 miles are limited to regulating emissions of exemption from the requirements of of Guam once a year on average. toxics and NOX emissions. regulations promulgated at 40 CFR 80 ‘‘Super’’ typhoons with winds in excess Pursuant to Section 211(k)(8) of the that require conventional gasoline meet of 150 miles per hour occur roughly Act, EPA adopted the regulations in certain anti-dumping specifications and every 10 to 12 years. Subpart E to address motor vehicle that this gasoline be subject to the emissions of exhaust benzene, total C. Economic Factors in Guam detergent additization requirements of exhaust toxics and NOX emissions from those regulations. Specifically, the Guam has no known oil resources and conventional gasoline use. Under a petition requests exemption from no operating refinery. All motor vehicle simple emissions model, applicable Subparts E, F, and G of 40 CFR Part 80. gasoline supplied to the island of Guam from January 1, 1995 to January 1, 1998, Subparts E and F apply to requirements is imported. Transportation costs dictate a limit is set for sulfur, olefins and T90 for refiners and importers to prevent that the markets supplying gasoline to as well as exhaust benzene. A more conventional gasoline sold in the United Guam be limited to the Far East. complex emissions model is required States from becoming any more Refineries in Singapore and Australia beginning January 1, 1998, with limits polluting than it was in 1990. Subpart have historically supplied Guam’s set on exhaust toxics and NOX. All the G requires the use of deposit control gasoline. limits are set as annual averages. (detergent) additives in all gasoline used Guam is less affluent than any of the Compliance is measured by in the United States beginning January 50 states. Its per capita income in 1990 comparing emissions of a refiner’s or 1, 1995. was $9,928 compared to the national importer’s conventional gasoline against average of $14,420.3 Due to relatively those of a baseline gasoline—either a A. Guam’s Geographical Characteristics high transportation costs, retail gasoline baseline based on the quality of a Guam is the westernmost U.S. prices are already significantly higher in refiner’s 1990 gasoline or on a statutory territory. Guam is the southernmost Guam than in the continental United baseline specified by the Clean Air Act. island in the Mariana Archipelago. It is States, averaging in 1994 at Subparts E and F require a refiner or approximately 28 miles long and its approximately $1.50 per gallon as importer that establishes a baseline to width varies from 4 to 8.5 miles for a opposed to an estimated national use an independent auditor to verify its total land area of approximately 1209 average of approximately $1.17 4 per baseline parameters. EPA requires each square miles. Agana, the capital city, is gallon. Information received after the refiner or importer to maintain records approximately 3700 miles west- petition was submitted to the Agency and to report to EPA certain information southwest of Honolulu, 6000 miles indicates that Guam’s economic outlook pertaining to production of southwest of San Francisco, 1500 miles is not improving, as the Navy Repair conventional gasoline by February 1996, east of Manila, 1550 miles south of Facility and the Navy Fleet and and every subsequent year. Guam ’s Tokyo and 3100 miles north-northeast Industrial Supply Center are slated to be petition states that there is insufficient of Sydney. closed (and the three other Navy data available to importers of Guam’s The island of Guam is composed of facilities will be realigned), which will gasoline regarding the quality of two distinct geologic areas of about mean the loss of thousands of jobs.5 gasoline produced in 1990 to establish equal size. The northern region is a high It is estimated that the total fleet of an individual baseline for these coralline limestone plateau rising to 850 gasoline-powered cars is between importers. Therefore, if this exemption feet above sea level. The southern region 100,000 to 140,000. Generally, car were not granted, importers of gasoline is of volcanic origin and mountainous, ownership is estimated at greater than to Guam would be required to measure with elevations ranging from 700 to one vehicle per person on Guam. Cars compliance against the statutory 1300 feet. The northern and southern do not wear well in the island’s harsh baseline for the regulated conventional regions are separated by a narrow low corrosive environment, so the average gasoline qualities. lying area. age of the fleet is lower than in the Subpart G—Detergent Gasoline— mainland United States. Section 211(1) requires that, beginning B. Guam’s Meteorological January 1, 1995, no person may sell or Characteristics III. Clarification of Anti-Dumping and Detergent Additization Requirements dispense to an ultimate consumer in the Guam has a tropical climate. United States, and no refiner or According to data compiled by the Subpart E—Anti-Dumping marketer may sell or dispense to National Oceanic and Atmospheric Requirements—Section 211(k)(8) persons who sell or dispense to ultimate Administration, (NOAA) the average requires that average per gallon consumers in the United States any rainfall is 98 inches. Daytime emissions of VOC, CO, NOX, and toxics gasoline which does not contain temperatures are typically around 85 due to conventional gasoline produced additives to prevent the accumulation of degrees F and nighttime temperatures by a refiner or importer not increase deposits in engines or fuel supply range from 65 to 75 degrees F. Relative over 1990 levels, for each refiner or systems. EPA promulgated a rule on humidity is typically from 75 to 90%. importer. Each of the four pollutants is October 14, 1994, under which all The island is subject to consistent strong to be considered separately, except that gasoline (reformulated and winds. Most of the time, the island is potential increases in NOX emissions conventional) sold or transferred to swept by trade winds blowing from the due to oxygenate use may be offset by gasoline retail outlets or wholesale east. Normal wind speeds are highest equivalent or greater reductions in the purchaser consumer facilities and all during the dry season, with sustained other pollutants. Since VOC and CO gasoline sold or transferred to ultimate wind speeds of 15 to 25 miles per hour. emission increases are expected to be consumers must be additized with a fuel Data collected by NOAA show a mean controlled through other regulatory detergent additive registered with the wind speed of 7.4 miles per hour. programs, the anti-dumping provisions EPA, starting January 1, 1995. On July The dominance of the easterly trade 5, 1996, EPA published a supplemental winds is interrupted during the rainy 3 Guam Department of Commerce. 4 rule requiring testing and certification of season when storm systems from the ‘‘The Oil Daily,’’ May 9, 1995. 5 Letter dated July 21, 1995, from Eric Murdock, the fuel detergents (61 FR 35310). east bring heavy showers and torrential Hunton & Williams, Washington, D.C., supporting Fuel deposits in motor vehicle rain. Typhoons with winds of more than Guam’s petition. engines and fuel supply systems and Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53857 their impacts on vehicle performance refineries would be expected to be quite petition states that these costs could run have been studied for many years. Fuel different in some respects from the approximately $4,500,000 per year.7 injector and intake valve deposits have properties of gasoline produced by the According to estimations by current been shown to have significant adverse typical mainland U.S. refinery (i.e., importers of gasoline to the island, effects on drivability, exhaust emissions ‘‘baseline’’ conventional gasoline). transporting gasoline from western and, in some cases, on fuel economy. Specifically, gasoline produced at the refineries (those from the mainland or Deposits in fuel injectors may undercut Singapore refineries would typically Hawaii, most likely) would add at least the effectiveness of engines’ oxygen have lower concentrations of sulfur and 10 cents per gallon to the retail price of sensors in ensuring the best fuel/air olefins and relatively higher gasoline on the island, in addition to ratio to control emissions. Carburetor concentrations of benzene and other costs associated with the deposits can cause improper enrichment aromatics. requirements of the anti-dumping and of the fuel/air mixture, which can result As a result of these differences, the detergent additization regulations. in rough idling, stalling, poor gasoline produced at the Singapore Approximately 40,000,000 gallons of acceleration, reduced fuel economy and refineries cannot consistently satisfy the gasoline are imported annually into higher emissions of hydrocarbons, anti-dumping requirements when Guam. If Guam is not granted an carbon monoxide, and in some cases compared to statutory baseline gasoline, exemption from the anti-dumping nitrogen oxides. The mechanisms by particularly for the winter season. This requirements, EPA calculates that which intake valve deposits increase is not the result of any ‘‘dumping’’ of gasoline, meeting the statutory baseline, emissions are less clear. Adsorption and components restricted in reformulated could result in VOC control during a desorption of fuel on the intake valves gasoline; it is a reflection of differences compliance period of approximately 14 can lead to improper fuel/air ratios in the quality of the gasoline produced tons of total toxic emissions in Guam as across the cylinders, thereby interfering in Singapore compared to that typically compared to the fuel quality in Guam in with the ability of the oxygen sensor to produced in the mainland U.S. 1994. A simple cost effectiveness regulate proper mixture composition. None of the importers has been able analysis indicates that the cost (based Intake valve deposits might also to identify any refineries in the Pacific on an annual cost, as stated in Guam’s increase emissions by interfering with Rim that are producing, or are readily petition, of approximately $4,500,000) the proper preparation and delivery of able to produce, gasoline that can of reducing the total toxic emissions the fuel air mixture resulting in consistently satisfy the anti-dumping would be over $300,000 per ton. In combustion inefficiency. requirements. As a result, it is likely EPA’s Regulatory Impact Analysis for Under the current additization that the companies would be forced to Reformulated Gasoline,8 the Agency program, the detergent additive must be import gasoline from mainland estimated that reducing total toxic registered under 40 CFR Part 79, and refineries at substantial cost if this emissions from combustion and use of must be added in concentration equal to exemption were not granted. gasoline under the reformulated or exceeding the level specified by the The granting of Guam’s petition for gasoline program would cost additive manufacturer as being effective exemption could raise the possibility approximately $55,000 per ton. in preventing deposits. Each facility that a given importer’s gasoline might, Therefore, the cost effectiveness of using where detergent additization is in a given compliance period, produce another gasoline supplier to reduce air performed is required to create and more motor vehicle emissions than toxics emissions in Guam is several maintain volumetric additive produced by 1990 statutory baseline times higher than EPA’s estimate for reconciliation (VAR) records to gasoline. nationwide control of toxics in the demonstrate that the gasoline has been Guam is in full attainment with both federal reformulated gasoline program. Guam also does not have the proper additized to the proper concentration. the primary and secondary national facilities to perform the necessary Product transfer documentation (PTD) is ambient air quality standards (NAAQS) analyses on conventional gasoline required whenever title or custody to for ozone. which are required under the anti- any gasoline or detergent is transferred, Because of Guam’s unique geographic dumping rules. If this exemption were other than when additized gasoline is remoteness, there is no risk that not granted, any samples would have to sold or dispensed at a retail outlet or conventional gasoline imported through be shipped to laboratories in Japan or wholesale purchaser-consumer facility Guam would be sold in any area in Hawaii. This process would entail a to the consumer. Each gasoline refiner, which anti-dumping restrictions apply. significant cost and could precipitate importer, carrier, distributor, oxygenate The three major importers of gasoline price increases which would eventually blender or detergent blender who owns, to Guam have indicated that the be passed on to the Guam consumer. leases, operates, controls or supervises gasoline normally imported from the Singapore refineries (where virtually all Guam’s petition states that overall the facility (including a truck or compliance with Subparts E, F, and G individual storage tank) is subject to gasoline supplied to Guam is 6 would require capital expenditures of these requirements. produced ) is likely to contain benzene and aromatic concentrations that exceed more than $250,000 of which amount, IV. Rationale for Exemption the statutory baseline levels. As approximately $22,000 would be required for software modifications for A. Rationale for Exemption from Anti- previously stated, the anti-dumping the VAR and PTD requirements. Annual Dumping Requirements requirements could force the importers of gasoline to Guam to obtain product operating expenditures would amount Singapore refineries differ from the from distant refineries, adding to more than $500,000 which includes configurations of typical mainland U.S. substantially to the transportation costs, approximately $46,000 for VAR and refineries in that they do not have and resulting in great increases in the catalytic cracking capacity (that is, the 7 retail price of gasoline in Guam. Letter dated September 28, 1995 from Eric Singapore refineries do not employ fluid Murdock, Hunton & Williams, Washington, D.C., Information submitted subsequent to the catalytic cracking or ‘‘FCC’’ units). As a supporting Guam’s petition. 8 See Regulatory Impact Anaylsis for result of these differences in plant 6 Letter dated September 28, 1995, from Eric Reformulated Gasoline, EPA Air Dockets A–92–01 configuration, the properties of the Murdock, Hunton & Williams, Washington, D.C., and A–92–12, 401 M Street. S.W., Washington, D.C. gasoline produced by the Singapore supporting Guam’s petition. 20460. 53858 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations

PTD expenses. These additional costs this cost being partially compensated for in Guam. Thus compliance costs would result in increases in the retail by the increased fuel economy and associated with the recordkeeping (VAR price of gasoline, estimated by the decreased maintenance requirements and PTD) requirements of the detergent companies to be at least 0.6 to 1.4 cents which improved deposit control is rule are the primary additional costs more per gallon. expected to provide. Over 90 percent of directly attributable to the detergent Gasoline price increases of the the total estimated cost of the program program’s requirements. EPA estimates magnitude expected to result from is associated with the price of the that compliance with the recordkeeping compliance with Subparts E and F additional additive amounts needed to requirements of Subpart G would add would be especially burdensome for the bring all gasoline up to the effective only a small portion—less than 1 cent— great many citizens of Guam whose detergency levels which most of U.S. to the cost of a gallon of gasoline. EPA incomes are modest. The average gasoline already contains. EPA disagrees believes that this would not be an income on Guam is at least $4,000 less with the cost estimate in the petition. unreasonable economic burden for the than on the mainland. If this exemption The estimated cost of 0.6 to 1.4 cents Guam consumer. were not granted, and gasoline would per gallon to comply with the gasoline have to be transported from the detergent program in Guam might be a Guam’s petition states that only in the mainland, the average price of a gallon reasonable estimate if detergent was not last few months of 1995 have all the of gasoline at the retail level could rise already widely used in Guam gasoline.13 gasoline importers and marketers begun approximately 10 to 12 cents or more However, given the common use of using fuel detergents in all of Guam’s over the present price of a gallon of gasoline detergents in Guam, EPA gasoline. Therefore start-up costs could gasoline in Guam. This price increase is believes that the cost to Guam be higher in Guam than in other markets far more than EPA’s estimated consumers will likely closely parallel on the mainland where detergent additional cost of reformulated gasoline that projected for consumers in the additization has been an ongoing of 3–5 cents.9 mainland U.S. process for several years. EPA does not B. Rationale for Denying Exemption Transportation costs associated with believe that start-up of this program will from Fuel Detergent Requirements shipping detergent additive which be significantly more difficult or complies with Federal detergency expensive in Guam compared to the rest Information provided to the Agency requirements to Guam are likely to be of the U.S. Further, once compliance subsequent to the petition 10 states that somewhat higher than that in the all of the importers that supply Guam’s programs are established, the annual mainland U.S. However, EPA believes gasoline use detergent additives in all cost of compliance will be comparable this differential in cost will have grades of gasoline that they sell in to that in other areas. In summary, the minimal impact due to the small Guam. One importer, the largest small added cost to Guam consumers, marketer of gasoline on the island, volume of detergent additive estimated and the fact that detergents are already began using additives last year for to be needed to achieve proper added to 100% of the gasoline supplied marketing reasons. Another importer additization (approximately 0.4 to 0.6 in Guam, lead EPA to conclude that an has been using detergent additives in its gallons of detergent to 1,000 gallons of exemption from the requirements of gasoline for several years. An additive gasoline). In addition, EPA’s estimate of Subpart G is not warranted. called RT2276 (also referred to as the cost to the consumer of the detergent VI. Final Action MTT242), is used in concentrations program assumed the average motorist drives 10,000 to 15,000 miles per year equal to or greater than the level A. Anti-Dumping Provisions for and consumes 400 to 600 gallons of specified by the additive manufacturer. Conventional Gasoline Therefore, compliance with Subpart G’s gasoline. Given Guam’s small size, the additization requirements is clearly average motorist on Guam would tend EPA has decided to exempt the feasible in Guam. to drive less than the average motorist Territory of Guam from compliance Guam’s petition states that costs of on the mainland which would tend to with the anti-dumping standards for compliance with the requirements of reduce the cost to a Guam consumer conventional gasoline under section Subpart G would be over $400,000. relative to EPA’s estimate. All things 211(k)(8). The Agency believes that These costs were computed for four considered, the cost to the consumer of compliance with the gasoline anti- importers and their marketers. Since the up to six dollars a year estimated for the dumping requirements is unreasonable petition was filed, EPA has learned that U.S. as a whole, holds for Guam as well. given the significantly increased costs to EPA believes that this would not be an there are now only three importers in consumers in Guam in achieving 11 unreasonable economic burden for the Guam. Therefore, these costs could compliance. These increased costs are Guam consumer. This is generally conceivably be lower. directly attributable to Guam’s location The petition estimates that the total consistent with EPA’s estimate of the and resulting inability of importers to cost of compliance will add between .6 cost of compliance with the detergent comply with the anti-dumping to 1.4 cents to the cost of a gallon of requirements for the mainland United requirements without significantly gasoline. EPA estimated that the average States. In addition, suppliers of gasoline incremental cost to consumers of to Guam have indicated that the fuel greater costs than those expected for compliance with the detergent importers intend to continue adding importers in the U. S. mainland. requirements for the mainland United detergent additives to all gasoline sold Gasoline price increases of the States would be 0.1 cent a gallon,12 with magnitude expected to result from 9 59 Fed. Reg. 7810, February 16, 1994. 13 EPA estimated that the total cost of the amount compliance with Subparts E and F 10 Letters dated September 28, 1995, and October of additive needed to comply with Federal gasoline could be especially burdensome for the 26, 1995, from Eric Murdock, Hunton & Williams, detergency requirements would be 0.5 to 1.0 cents great many citizens of Guam whose Washington, D.C. supporting Guam’s petition. per gallon, with much of U. S. gasoline already 11 Letter dated October 26, 1995, from Eric J. containing significant amounts of detergent incomes are modest and whose Murdock, Hunton & Williams, Washington, D.C., additives. See the Regulatory Impact Analysis and economic situation is not expected to supporting Guam’s petition. Regulatory Flexibility Analysis for the Interim change significantly in the near future. 12 Final Rule on the Certification Standards for Detergent Registration Program and Expected Deposit Control Gasoline Additives, July 5, 1996, 61 Detergent Certification Program, Docket Item V–B– In addition, despite its geographic FR 35309, page 35353. 01, EPA Air Docket A–91–77, Washington, D.C. remoteness from the mainland, Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53859 compliance with the anti-dumping proposed final decision that is effective and least burdensome provisions might require that Guam published in the Proposed Rule Section alternative that achieves the objectives import conventional gasoline from the of this Federal Register and that is of the rule and is consistent with U. S. mainland, greatly increasing the identical to this direct final decision. statutory requirements. Section 203 cost of conventional gasoline. EPA finds The EPA will not institute a second requires EPA to establish a plan for that these economic factors are also comment period on this action. Any informing and advising any small unique to the Territory of Guam. parties interested in commenting on this governments that may be significantly This exemption will apply to all action should do so at this time. If no or uniquely impacted by the rule. persons in Guam subject to the anti- such comments are received, the public EPA has determined that the dumping requirements in section is advised that this action will be exemption in this notice does not 211(k)(8) of the Act, and subparts E and effective December 16, 1996. include a federal mandate that may F of 40 CFR Part 80. This exemption is This procedure allows the result in estimated costs of $100 million retroactive to January 1, 1995, and opportunity for public comment and or more to those entities mentioned applies only to gasoline imported to opportunity for oral presentation of data above. This federal action approves a Guam for use in Guam. EPA reserves the as required under section 307(d) of the request for exemption by petitioners in right to review and reopen this Act. This procedure also provides an Guam to reduce the cost of exemption in the future if conditions in expedited procedure for final action implementing the Clean Air Act. Guam change to warrant such an action. where a decision is not expected to be Accordingly, no additional costs to B. Fuel Detergent Additization controversial and no adverse comment state, local, or tribal govenrments, or to is expected. the private sector result from this action. EPA is denying the petition from the Territory of Guam for an exemption VIII. Statutory Authority XIII. Submission to Congress and the from the fuel detergent additization Authority for the action described in General Accounting Office requirement that, after January 1, 1995, this notice is in section 325(a)(1) (42 Under 5 U.S.C. 801(a)(1)(A) as added all conventional gasoline contain U.S.C. 7625–1(a)(1) of the Clean Air Act by the Small Business Regulatory registered fuel additives that control as amended. Enforcement Fairness Act of 1996, EPA fuel deposits as established in 40 CFR submitted a report containing this IX. Administrative Designation and Part 80, Subpart G. Guam has not decision and other required information Regulatory Analysis demonstrated that unique local factors to the U.S. Senate, the U.S. House of exist such that compliance with the Under Executive Order (E.O.) 12866, Representatives and the Comptroller detergent additization and the Agency must judge whether a General of the General Accounting recordkeeping requirements would be regulation is ‘‘major’’ and thus subject to Office prior to publication of the either infeasible or unreasonable. the requirement to prepare a regulatory decision in today’s Federal Register. VII. Public Participation and Effective impact analysis. The decision This action is not a ‘‘major rule’’ as Date announced today alleviates any defined by 5 U.S.C. 804(2). potential adverse economic impacts in The Agency is publishing this action Guam and is not a regulation or rule as XIV. Electronic Copy of Final Decision as a direct final decision because it defined in E.O. 12866. Therefore, no A copy of this action is available on views it as noncontroversial and limited regulatory impact analysis has been the OAQPS Technology Transfer to the Territory of Guam. EPA prepared. Network Bulletin Board System anticipates no adverse or critical X. Impact on Small Entities (TTNBBS). The TTNBBS can be comments. Representatives of accessed with a dial-in phone line and automobile and petroleum industry This action either eases or leaves a high-speed modem (PH# 919–541– associations have indicated that their unchanged requirements otherwise 5742). The parity of your modem should constituents will not be adversely applicable to affected entities. Thus, be set to none, the data bits to 8, and affected by this direct final decision and EPA has determined that it will not the stop bits to 1. Either a 1200, 2400, therefore the Agency expects no adverse result in a significant adverse impact on or 9600 baud modem should be used. comments from the members of those a substantial number of small entities. When first signing on, the user will be associations. Similarly, the Agency does XI. Paperwork Reduction Act required to answer some basic not expect adverse comments from the informational questions for registration environmental community or state and The Paperwork Reduction Act of purposes. After completing the local governments, since the 1980, 44 U.S.C. 3501 et seq., and registration process, proceed through environmental impact is very minimal. implementing regulations, 5 CFR part the following series of menus: This action will become effective 1320, do not apply to this action as it (M) OMS December 16, 1996. If the Agency does not involve the collection of (K) Rulemaking and Reporting receives adverse comments by information as defined therein. November 15, 1996, EPA will publish a (3) Fuels subsequent Federal Register document XII. Unfunded Mandates (9) Reformulated Gasoline withdrawing this decision. In the event Under Section 202 of the Unfunded A list of ZIP files will be shown, all that adverse or critical comments are Mandates Reform Act of 1995 of which are related to the reformulated received, EPA is also publishing a (‘‘Unfunded Mandates Act’’), EPA must gasoline rulemaking process. Today’s Notice of Proposed Decision in a prepare a budgetary impact statement to action will be in the form of a ZIP file separate action today, which proposes accompany any proposed or final rule and can be identified by the following the same action contained in this direct that includes a federal mandate that title: GUAM.ZIP. To down load this file, final decision. Any adverse comments may result in estimated costs to state, type the instructions below and transfer received by the date listed above will be local, or tribal governments in the according to the appropriate software on addressed in a subsequent final aggregate, or to the private sector, of your computer: decision. That final decision will be $100 million or more. Under Section ownload,

rotocol, xamine, based on the relevant portion of the 205, EPA must select the most cost ew, ist, or elp 53860 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations

Selection or to exit: D public interest, as the regulation that approve under the Paperwork Reduction filename.zip. this rule removes contains no current Act, 44 U.S.C. 3501 et seq. regulatory substance or guidance. You will be given a list of transfer Regulatory Flexibility Act protocols from which you must choose II. Background and Discussion of Final one that matches with the terminal Rule Congress enacted the Regulatory software on your own computer. The Flexibility Act of 1980 (RFA), 5 U.S.C. software should then be opened and 43 CFR part 5470, subpart 5475 601 et seq., to ensure that government directed to receive the file using the contains about five pages of regulations regulations do not unnecessarily or same protocol. Programs and which do not have any effect. The disproportionately burden small instructions for de-archiving Federal Timber Contract Payment entities. The RFA requires a regulatory compressed files can be found via Modification Act, 16 U.S.C. 618, which flexibility analysis if a rule would have systems Utilities from the top menu, these regulations were written to a significant economic impact, either under rchivers/de-archivers. Please implement, was requested by some in detrimental or beneficial, on a note that due to differences between the the timber industry to reduce their substantial number of small entities. software used to develop the document losses on the purchase of high-priced The BLM has determined under the and the software into which the Federal timber incurred after the market RFA that this final rule would not have document may be downloaded, changes took a significant downturn. The Act a significant economic impact on a in format, page length, etc., may occur. authorized purchasers to terminate substantial number of small entities. contracts upon paying or arranging to Dated: October 8, 1996. Executive Order 12866 Carol M. Browner, pay a buy-out charge; whereas prior to this Act purchasers could not cancel a Administrator. According to the criteria listed in contract due to market conditions. The [FR Doc. 96–26449 Filed 10–15–96; 8:45 am] section 3(f) of Executive Order 12866, contracts covered by this Act were bid BLM has determined that the final rule BILLING CODE 6560±50±P prior to January 1, 1982, and held as of is not a significant regulatory action. As June 1, 1984. The Act no longer applies such, the rule is not subject to Office of to any existing contracts. Accordingly, Management and Budget review under DEPARTMENT OF THE INTERIOR 43 CFR part 5470, subpart 5475 is section 6(a)(3) of the order. obsolete and without any further Bureau of Land Management applicability. Unfunded Mandates Reform Act 43 CFR Part 5470 III. Procedural Matters Pursuant to the requirements of section 205 of the Unfunded Mandates [WO±330±1030±02±24 1A] National Environmental Policy Act Reform Act of 1995 (UMRA), BLM has RIN 1004±AC69 BLM has determined that this final selected the most cost-effective and least rule makes only technical changes to the burdensome alternative that achieves Federal Timber Contract Payment Code of Federal Regulations by the objectives of the rule. Removal of 43 Modification eliminating provisions that have no CFR part 5470, subpart 5475 will not result in any unfunded mandate to state, AGENCY: impact on the public and no continued Bureau of Land Management, local or tribal governments in the Interior. legal relevance. Therefore, it is categorically excluded from aggregate, or to the private sector, of ACTION: Final rule. environmental review under section $100,000,000 or more in any one year. SUMMARY: This final rule removes the 102(2)(C) of the National Environmental Executive Order 12612 regulations on Federal timber contract Policy Act, pursuant to 516 payment modification. This action is Departmental Manual (DM), Chapter 2, The final rule would not have necessary because this subpart is Appendix I, Item 1.10. In addition, the sufficient federalism implications to obsolete since timber sales affected by final rule does not meet any of the 10 warrant BLM preparation of a the Federal Timber Contract Payment criteria for exceptions to categorical Federalism Assessment (FA). exclusion listed in 516 DM, Chapter 2, Modification Act of October 16, 1984 Executive Order 12630 have all been terminated. Appendix 2. Pursuant to Council on Environmental Quality regulations (40 EFFECTIVE DATE: This rule will take effect The final rule does not represent a November 15, 1996. CFR 1508.4) and the environmental government action capable of interfering policies and procedures of the with constitutionally protected property FOR FURTHER INFORMATION CONTACT: Department of the Interior, the term Frank Bruno, Regulatory Management rights. Section 2(a)(1) of Executive ‘‘categorical exclusions’’ means a Order 12630 specifically exempts Team, Bureau of Land Management, category of actions which do not (202) 452–0352. actions abolishing regulations or individually or cumulatively have a modifying regulations in a way that SUPPLEMENTARY INFORMATION: significant effect on the human lessens interference with private environment and that have been found property use from the definition of I. Public Comment Procedures to have no such effect in procedures II. Background and Discussion of Final Rule ‘‘policies that have takings III. Procedural Matters adopted by a Federal agency and for implications.’’ Since the primary which neither an environmental function of the final rule is to abolish I. Public Comment Procedures assessment nor an environmental unnecessary regulations, there will be The existing regulation which this impact statement is required. no private property rights impaired as a rule removes, 43 CFR part 5470, subpart Paperwork Reduction Act result. Therefore, BLM has determined 5475, is obsolete and without purpose. that the rule would not cause a taking The BLM has determined for good cause The rule does not contain information of private property, or require further that notice and public procedure on this collection requirements which the discussion of takings implications under rule are unnecessary and contrary to the Office of Management and Budget must this Executive Order. Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53861

Author DATES: This interim final rule is Participating operators are required to The principal author of this final rule effective October 18, 1996. Comments make their ships and other commercial is Frank Bruno, Regulatory Management are requested and must be received on resources available upon request by the Team, Bureau of Land Management, or before November 15, 1996. Secretary of Defense during time of war 1849 C Street, NW., Washington, DC ADDRESSES: To be considered, or national emergency. Unlike the ODS 20240; Telephone 202/452–0352. comments shall be mailed, delivered in program, the MSP has few restrictions person or telefaxed (in which case an on vessels operating in the U.S. foreign List of Subjects for 43 CFR Part 5470 original must subsequently be commerce and eligible vessels may be Forests and forest products, forwarded) to the Secretary, Maritime built in foreign shipyards. Government contracts, Public lands, Administration, Room 7210, This rule adds a new 46 CFR Part 295 Reporting and record-keeping Department of Transportation, 400 to provide the procedures to implement requirements. Seventh Street, SW, Washington, DC the MSA with respect to the application 20590. All comments will be made for, and award of, MSP operating For the reasons stated in the agreements that provide financial preamble, and under the authority of 43 available for inspection during normal business hours at the above address. assistance to operators of vessels U.S.C. 1740, part 5470, Group 5400, enrolled in the program, subject to subchapter E, chapter II of title 43 of the Commentors wishing MARAD to acknowledge receipt of comments acceptance of statutory conditions Code of Federal Regulations is amended incorporated therein. as set forth below: should enclose a stamped self-addressed envelope or postcard. The 10-year program will be PART 5470ÐCONTRACT FOR FURTHER INFORMATION CONTACT: administered on the basis of one-year MODIFICATIONÐEXTENSIONÐ Raymond R. Barberesi, Director, Office renewable contracts, provided funding ASSIGNMENT of Sealift Support, Telephone 202–366– is available in subsequent years. 2323. Participating operators will be required 1. The authority citation for part 5470 to operate eligible vessels in the foreign is revised to read as follows: SUPPLEMENTARY INFORMATION: commerce of the United States, and Authority: 30 U.S.C. 601; 43 U.S.C. 1181e Background certain domestic areas such as Guam, with a minimum of operating and 1740. Title VI of the Merchant Marine Act restrictions, for at least 320 days in any of 1936, as amended, 46 App. U.S.C. 2. Remove subpart 5475. fiscal year. Payments will be reduced for 1171 et seq. (Act), authorized the Dated: October 2, 1996. each day any vessel carries civilian bulk Secretary of Transportation (Secretary) Sylvia V. Baca, preference cargoes in excess of 7,500 to provide operating-differential subsidy tons. Deputy Assistant Secretary of the Interior. (ODS) to U.S.-flag ship operators for the [FR Doc. 96–26250 Filed 10–15–96; 8:45 am] operation of their vessels in essential Rulemaking Analysis and Notices BILLING CODE 4310±84±P services in the foreign commerce of the Executive Order 12866 (Regulatory United States. These long-term ODS Planning and Review), and Department payments are generally based on the of Transportation (DOT) Regulatory DEPARTMENT OF TRANSPORTATION difference between U.S. operating costs, Policies primarily wages, and those of principal Maritime Administration foreign competitors. The ODS program This rulemaking is not considered to helped to maintain a U.S.-flag merchant be an economically significant 46 CFR Part 295 fleet to serve both the commercial and regulatory action under section 3(f) of [Docket No. R±163] national security needs of the United E.O. 12866. This interim final rule also States. is not considered a major rule for RIN 2133±AB24 Section 2 of the MSA amends Title VI purposes of Congressional review under Maritime Security Program of the Act. The current ODS program is P.L. 104–121. Since the program is retained as Subtitle A, and current ODS designed to support 47 vessels in FY AGENCY: Maritime Administration, contracts with U.S.-flag operators will 1997, each receiving up to $2.1 million Department of Transportation. be honored until they expire under their annually, the Maritime Administrator ACTION: Interim final rule and request own terms. finds that the program will not have an for comments. The MSA adds a new Subtitle B, annual effect on the economy of $100 authorizing a MSP, which provides million or more. However, it is SUMMARY: The Maritime Administration assistance for U.S.-flag operators and considered to be a significant rule under (MARAD) is issuing this interim final vessels that meet certain qualifications. DOT’s Regulatory Policies and rule to provide procedures to implement It requires the Secretary to encourage Procedures (44 FR 11034, February 26, the provisions of the Maritime Security the establishment of a fleet of active, 1979). Accordingly, it has been Act of 1996 (the MSA). The MSA militarily useful, privately-owned reviewed by the Office of Management establishes a new 10-year Maritime vessels to meet national defense and and Budget. Security Program (MSP), commencing other security requirements, while also The program will be subject to annual in Fiscal Year (FY) 1996. The MSP maintaining an American presence in appropriations to provide payments to supports the operations of U.S.-flag international commercial shipping. The the participants of $2.3 million for each vessels in the foreign commerce of the MSA establishes a new 10-year program Agreement Vessel for fiscal year 1996 United States through assistance which is intended to support the and $2.1 million for each fiscal year payments. Participating vessel operators operations of up to 47 U.S.-flag vessels thereafter in which the agreement is in are required to make their ships and in the foreign commerce of the United effect. These payments are up to 50 other commercial transportation States. Payments to the operators start at percent less, per vessel, than payments resources available to the Government $2.3 million per ship in FY 1996, and made under the existing ODS program. during times of war or national decrease to $2.1 million per ship per A full regulatory evaluation is not emergency. year thereafter. necessary since this rule only 53862 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations establishes the procedures to implement protection; and (3) when in waters B of Title VI of the Merchant Marine the Act which imposes conditions for subject to the port-state, will continue to Act, 1936, as amended, governing enrollment of vessels in the MSP. be governed by port-state control. Maritime Security Program payments Pursuant to authority granted by Therefore, this rule does not require an for vessels operating in the foreign trade section 8 of the Act, MARAD is environmental impact statement or an or mixed foreign and domestic publishing this rule as an interim final environmental assessment pursuant to commerce of the United States allowed rule ‘‘excepted from compliance with NEPA. under a registry endorsement issued the notice and comment requirements of under 46 U.S.C. 12105. section 553 of title 5, United States Paperwork Reduction Code.’’ This will facilitate establishment In accordance with the Paperwork § 295.2 Definitions. of the MSP as early as possible. A final Reduction Act of 1995 (44 U.S.C. 3507 For the purposes of this part: rule will be published in the Federal et seq.), this rulemaking contains new (a) Act, means the Merchant Marine Register after MARAD has had an information collection or record keeping Act, 1936, as amended by the Maritime opportunity to consider all comments requirements, which have been Security Act of 1996 (46 App. U.S.C. on this interim final rule. approved by OMB (approval number 1101 et seq.). 2133–0525). These have been approved (b) Administrator, means the Federalism under emergency approval authority Maritime Administrator, Maritime MARAD has analyzed this rulemaking until November 30, 1996. The Maritime Administration, U.S. Department of in accordance with principles and Administration has requested that this Transportation, to whom the authority criteria contained in E.O. 12612 and has approval be extended for three years. to administer Title VI of the Act has determined that these regulations do not Any comments concerning the been delegated, with the exception of have sufficient federalism implications application and other information entering into, amending and terminating to warrant the preparation of a requirements contained in this rule subsidy contracts. Federalism Assessment. should be submitted to the above (c) Agreement Vessel, means a vessel address. covered by a MSP Operating Agreement. Regulatory Flexibility This rule does not impose any (d) Applicant, means an applicant for Although the Regulatory Flexibility unfunded mandates. a MSP Operating Agreement. Act of 1980, 5 U.S.C. 601 et seq., does (e) Bulk Cargo, means cargo that is not apply to final rules for which a List of Subjects in 46 CFR Part 295 loaded and carried in bulk without mark proposed rulemaking was not required, Assistance payments, Maritime or count. MARAD has evaluated this rule under carriers, Reporting and record keeping (f) Chapter 121, means the vessel that Act and certifies that this rule will requirements. documentation provisions of chapter not have a significant economic impact Accordingly, Part 295 is added to 46 121 of Title 46, United States Code. (g) Citizen of the United States, means on a substantial number of small CFR chapter II, subchapter C, to read as an individual or a corporation, entities. The participants in this follows: partnership or association as program are not small entities. PART 295ÐMARITIME SECURITY determined under section 2 of the Environmental Assessment PROGRAM (MSP) Shipping Act, 1916, as amended (46 MARAD has concluded that this App. U.S.C. 802). Subpart AÐIntroduction interim final rule falls into a class of (h) Contracting Officer, means the actions that are categorically excluded Sec. Associate Administrator for National from review under the National 295.1 Purpose. Security, Maritime Administration. 295.2 Definitions. (i) Contractor, means the owner or Environmental Policy Act of 1969 295.3 Waivers. operator of a vessel that enters into a (NEPA) because they would not MSP Operating Agreement for the vessel individually or cumulatively have a Subpart BÐEstablishment of MSP Fleet and with the Maritime Administration under significant impact on the human Eligibility 295.10 Eligibility requirements. 46 CFR 295.20. environment, as determined by § 4.05 (j) DOD, means the U.S. Department and Appendices 1 and 2 of Maritime 295.11 Applications. 295.12 Priority for awarding agreements. of Defense. Administrative Order MAO–600–1, (k) Domestic Trade, means trade which contains MARAD Procedures for Subpart CÐMaritime Security Program between two or more ports and/or Operating Agreements Considering Environmental Impacts (50 points in the United States. FR 11606, March 22, 1985) 295.20 General conditions. (l) Eligible Contractor, means a implementing NEPA. The interim final 295.21 MSP assistance conditions. Contractor, as defined in this section, rule does not change the environmental 295.22 Termination of authority. 295.23 Reporting requirements. who has a completed application for effect of the current ODS program, participation in the MSP on file with which the MSP supersedes (and which Subpart DÐPayment and Billing MARAD. is currently under a categorical Procedures (m) Eligible Vessel, means a vessel exclusion pursuant to MAO–600–1), 295.30 Payment. that meets the requirements of 46 CFR because the vessels eligible for the MSP 295.31 Criteria for payment. 295.10(b), as added below. (1) will continue to operate under the Subpart EÐAppeals Procedures (n) Emergency Preparedness Program U.S. flag, and will continue to be Agreement, means the agreement, 295.40 Administrative determinations. governed by U.S.-flag state control while required by section 653 of the Act, operating in the global commons; (2) are Authority: 46 App. U.S.C. 1171 et seq., 49 between a Contractor and the Secretary CFR 1.66. and will continue to be designed, of Defense to make certain commercial constructed, equipped and operated in Subpart AÐIntroduction transportation resources available accordance with stringent United States during time of war or national Coast Guard and International Maritime § 295.1 Purpose. emergency. Organization standards for maritime This part prescribes regulations (o) Enrollment, means the entry into safety and marine environmental implementing the provisions of Subpart a MSP Operating Agreement with the Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53863

Maritime Administration to operate a in this part may be waived in writing by considered an Eligible Vessel if the vessel(s) in the MSP Fleet in accordance the Maritime Administration, by mutual vessel meets the criteria for with 46 CFR 295.20. agreement of the Maritime documentation under 46 U.S.C. Chapter (p) Fiscal Year, means any annual Administration and the Contractor, so 121, the vessel owner has demonstrated period beginning on October 1 and long as the procedures adopted are an intent to have the vessel documented ending on September 30. consistent with the Act and with the under 46 U.S.C. Chapter 121 and the (q) LASH Vessel, means a lighter objectives of these regulations. vessel will be less than 10 years of age aboard ship vessel. on the date of that documentation; and (r) Maritime Subsidy Board, means Subpart BÐEstablishment of MSP (3) Maritime Administration’s the Maritime Subsidy Board which is Fleet and Eligibility determination. The Maritime constituted by 46 CFR 1.67 and Administration determines that the § 295.10 Eligibility requirements. delegated authority to enter into, amend vessel is necessary to maintain a United and terminate contracts. (a) Applicant. Any person may apply States presence in international (s) Militarily Useful, means a measure to the Maritime Administration for commercial shipping and the Contractor of utility applicable only for deliberate Enrollment of Eligible Vessels in MSP possesses the ability, experience, planning. As applied to dry cargo Operating Agreements for inclusion in resources and other qualifications vessels it means dry cargo ships, the MSP Fleet pursuant to the necessary to execute the obligations of including integrated tug/barges, with a provisions of Subtitle B, Title VI, of the the MSP Operating Agreement, or the minimum capacity of 6,000 (DWT) Act. Applications shall be addressed to Maritime Administration, after capable of carrying, without significant the Secretary, Maritime Administration, consultation with the Secretary of modification, any of the following 400 Seventh Street, S.W., Washington, Defense, determines that the vessel is cargoes: unit equipment, ammunition, D.C. 20590. militarily useful for meeting the sealift or sustaining supplies. (b) Eligible Vessel. A vessel eligible needs of the United States. (t) MSP Fleet, means the fleet of for enrollment in a MSP Operating vessels operating under MSP Operating Agreement shall be self-propelled and § 295.11 Applications. Agreements. meet the following requirements: (a) Action by the Maritime (u) MSP Operating Agreement, means (1) Vessel Type. (i) Liner Vessel. The Administration. Not later than 30 days the MSP Operating Agreement, vessel shall be operated by the after the enactment of the Maritime providing for MSP payments entered Applicant in its capacity as an Ocean Security Act, the Maritime into by a Contractor and the Maritime Common Carrier. Administration shall accept Administration. (ii) Specialty vessel. Whether in applications for Enrollment of vessels in (v) MSP Payments, means the commercial service, on charter to the the MSP Fleet. Within 90 days after payments made for the operation of DOD, or in other employment, the receipt of a completed application, the U.S.-flag vessels in the foreign trade or vessel shall be either: Maritime Administration shall enter mixed foreign and domestic commerce (A) a Roll-on/Roll-off vessel with a into a MSP Operating Agreement with of the United States allowed under a carrying capacity of at least 80,000 the applicant or provide in writing the registry endorsement issued under 46 square feet or 500 twenty-foot reason for denial of that application. U.S.C. 12105, to maintain intermodal equivalent units; or (b) Action by the Applicant. shipping capability and to meet national (B) a LASH vessel with a barge Applicants for MSP Payments shall defense and security requirements in capacity of at least 75 barges; or submit information on the following: accordance with the terms and (iii) Other vessel. Any other type of (1) Intermodal network. A statement conditions of a MSP Operating vessel that is determined by the describing its operating and Agreement. Maritime Administration to be suitable transportation assets, including vessels, (w) Ocean Common Carrier, means a for use by the United States for national container stocks, trucks, railcars, carrier that meets the requirements of 46 defense or military purposes in time of terminal facilities, and systems used to U.S.C. App. 1702(3)(6). war or national emergency; and link such assets together; (x) ODS, means Operating-differential (2) Vessel Requirements. (i) U.S. (2) Diversity of trading patterns. A list Subsidy provided by Subtitle A, Title Documentation. Except as provided in of countries and trade routes serviced VI, of the Act. paragraph (b)(2)(iv) of this section, the along with the types and volumes of (y) Operating Day, means any day vessel is a U.S.-documented vessel; and cargo carried; during which a vessel is operated in (ii) Age. Except as provided in (3) Vessel construction date; accordance with the terms and paragraph (b)(2)(iii), on the date a MSP (4) Vessel type and size; and conditions of a MSP Operating Operating Agreement covering the (5) Military Utility. An assessment of Agreement. vessel is first entered into is: the value of the vessel to DOD sealift (z) Roll-on/Roll-off Vessel, means a (A) a LASH Vessel that is 25 years of requirements. vessel that has ramps allowing cargo to age or less; or (Approved by the Office of Management and be loaded and discharged by means of (B) any other type of vessel that is 15 Budget under control number 2133–0525) wheeled vehicles so that cranes are not years of age or less. required. (iii) Waiver Authority. In accordance § 295.12 Priority for awarding agreements. (aa) Secretary, means the Secretary of with section 651(b)(2) of the Act, the Subject to the availability of Transportation. Maritime Administration is authorized appropriations, the Maritime (bb) United States Documented to waive the application of paragraph Administration shall enter into Vessel, means a vessel documented (2)(ii) of this section if the Maritime individual MSP Operating Agreements under chapter 121 of Title 46, United Administration, in consultation with the for Eligible Vessels according to the States Code. Secretary of Defense, determines that following priorities: the waiver is in the national interest. (a) First priority requirements. First § 295.3 Waivers. (iv) Intent to document U.S. Although priority shall be accorded to any Eligible In special circumstances, and for good the vessel may not be a U.S.- Vessel meeting the following cause shown, the procedures prescribed documented vessel, it shall be requirements: 53864 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations

(1) U.S. citizen ownership. Vessels If appropriated funds are not sufficient (ii) Any earlier date on which the owned and operated by persons or for MSP Operating Agreements within a vessel is withdrawn from that contract related parties who are Citizens of the first, second or third priority set forth or charter. United States as defined in section herein, the Maritime Administration (c) Replacement Vessels. The 295.2; or shall award a number of Operating Maritime Administration may approve (2) Other corporations. Vessels less Agreements to each applicant, so that the replacement of an Eligible Vessel in than 10 years of age and owned and the number of Operating Agreements a MSP Operating Agreement provided operated by a corporation that is: awarded within such priority to that the replacement vessel is eligible under (i) eligible to document a vessel under applicant bears approximately the same section 295.10. 46 U.S.C. Chapter 121; and ratio to the total number of Operating (d) Notice to shipbuilders. The (ii) affiliated with a corporation Agreements in the priority for which Contractor agrees that no later than 30 operating or managing for the Secretary timely applications have been made as days after soliciting any offer or bid for of Defense other vessels documented the amount of appropriations available the construction of any vessel in a under 46 U.S.C. Chapter 121, or for MSP Operating Agreements for foreign shipyard, and before entering chartering other vessels to the Secretary Eligible Vessels in the priority bears to into any contract for construction of a of Defense. the amount of appropriations necessary vessel in a foreign shipyard, the (3) Limitation on number of vessels. for MSP Operating Agreements for all Contractor shall provide notice of its Limitation on the total number of Eligible Vessels in the priority. intent to enter into such a contract (for Eligible Vessels awarded under (2) Limited term MSP Operating vessels being considered for U.S.-flag paragraph (a) of this section shall be: Agreements. To the extent that funds are registry) to the Maritime Administration. Within 5 business days (i) For any U.S. citizen under available prior to the effective dates of of the receipt of such notification, the paragraph (a)(1), the number of vessels MSP Operating Agreements awarded Maritime Administration shall issue a may not exceed the sum of: under section 295.20(b)(2), the Maritime (A) the number of U.S.-flag notice in the Federal Register of the Administration may award limited term documented vessels that the Contractor Contractor’s intent. The Contractor is MSP Operating Agreements for periods or a related party operated in the foreign prohibited from entering into any such terminating prior to those effective dates commerce of the United States contract until 5 business days after date under section 295.20(b)(2), in (including mixed noncontiguous of publication of such notice. accordance with section 295.12(d). domestic and foreign commerce, but (e) Early termination. A MSP excluding mixed coastwise and foreign Subpart CÐMaritime Security Program Operating Agreement shall terminate on commerce) on May 17, 1995; and Operating Agreements a date specified by the Contractor if the (B) the number of U.S.-flag Contractor notifies the Maritime documented vessels the person § 295.20 General conditions. Administration not later than 60 days chartered to the Secretary of Defense on (a) Approval. The Maritime before the effective date of the proposed that date; and Administration may approve termination, that the Contractor intends (ii) For any corporation under applications to enter into a MSP to terminate the Agreement. The paragraph (a)(2), not more than five Operating Agreement and make MSP Contractor shall be bound by the Eligible Vessels. Payments with respect to vessels that provisions relating to vessel (4) Related party. For the purpose of are determined to be necessary to documentation and national security this section a related party with respect maintain a United States presence in commitments contained in section 652(m) of the Act. to a person shall be treated as the international commercial shipping or (f) Termination for lack of funds. If, person. for those that are deemed, after (b) Second priority requirements. To by the first day of a fiscal year, consultation with the Secretary of insufficient funds have been the extent that appropriated funds are Defense, to be militarily useful for available after applying the first priority appropriated under Section 655 of the meeting the sealift needs of the United Act for that fiscal year, the Maritime in paragraph (a) of this section, the States in national emergencies. Maritime Administration shall enter Administration shall notify the Congress into individual MSP Operating (b) Effective date. (1) General Rule. that MSP Operating Agreements for Agreements for Eligible Vessels owned Unless otherwise provided in the which insufficient funds are available and operated by a person who is: contract, the effective date of a MSP will be terminated on the 60th day of (1) U.S. citizen. A Citizen of the Operating Agreement is the date when that fiscal year if sufficient funds are not United States, as defined in section executed by the Contractor and the appropriated or otherwise made 295.2, that has not been awarded a MSP Maritime Administration. available by that date. If only partial Operating Agreement under the priority (2) Exceptions. In the case of an funding is appropriated by the 60th day in paragraph (a) of this section, or Eligible Vessel to be included in a MSP of such fiscal year, then MSP Operating (2) Other. A person (individual or Operating Agreement that is subject to Agreements for which funds are not entity) eligible to document a vessel an ODS contract under Subtitle A, or on available shall be terminated using the under 46 U.S.C. Chapter 121, and charter to the U.S. Government, other pro rata distribution method used to affiliated with a person or corporation than a charter under the provisions of award MSP Operating Agreements set operating or managing other U.S.- an Emergency Preparedness Program forth in section 295.12(d). With respect documented vessels for the Secretary of Agreement provided by Section 653 of to each terminated agreement the Defense or chartering other vessels to the Act, unless an earlier date is Contractor shall be released from any the Secretary of Defense. requested by the applicant, the effective further obligation under the agreement, (c) Third priority. To the extent that date for a MSP Operating Agreement and the Contractor may transfer and appropriated funds are available after shall be: register the applicable vessel under a applying the first and second priority, (i) The expiration or termination date foreign registry deemed acceptable by any other Eligible Vessel. of the ODS contract or Government the Maritime Administration. In the (d) Number of MSP Operating charter covering the vessel, respectively, event that no funds are appropriated, Agreements Awarded—(1) General rule. or then all MSP Operating Agreements Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 53865 shall be terminated and each Contractor meet obligations under MSP Operating (b) Unused authority. In the event of shall be released from its obligations Agreements and only for the period a termination of unused authority under the agreement. Final payments stipulated in the applicable CR. If funds pursuant to paragraph (a) of this section, under the terminated agreements shall are not appropriated at sufficient levels such authority shall revert to the be made in accordance with section for any portion of a fiscal year, the terms Maritime Administration. 295.30. To the extent that funds are and conditions of any applicable MSP appropriated in a subsequent fiscal year, Operating Agreement are void and the § 295.23 Reporting requirements. the Maritime Administration shall enter Contractor may request termination of The Contractor shall submit to the into new MSP Operating Agreements in the MSP Operating Agreement in Director, Office of Financial Approvals, accordance with the applicable accordance with section 295.20(f). Maritime Administration, 400 Seventh provisions contained in this part. (c) National security requirements. St., S.W. Washington, D.C. 20590, the (g) Operation under a continuing Each MSP Operating Agreement shall following reports, including resolution. In the event a Continuing require the owner or operator of an management footnotes where necessary Resolution (CR) is in place that does not Eligible Vessel included in that to make a fair financial presentation: provide sufficient appropriations to agreement to enter into an Emergency (a) Form MA–172. Not later than 120 fully meet obligations under MSP Preparedness Program Agreement days after the close of the Contractor’s Operating Agreements, a Contractor may pursuant to Section 653 of the Act. semiannual accounting period, a Form request termination of the agreement in (d) Vessel operating requirements. MA–172 on a semiannual basis, in accordance with paragraph (f), herein, The MSP Operating Agreement shall accordance with 46 CFR 232.6; and and section 295.30. require that during the period an (b) Financial Statement. Not later (h) Requisition authority. To the Eligible Vessel is included in that than 120 days after the close of the extent Section 902 of the Act is Agreement, the Eligible Vessel shall: Contractor’s annual accounting period, applicable to any vessel transferred (1) Documentation. Be documented as an audited annual financial statement in foreign under this section, the vessel a U.S.-flag vessel under 46 U.S.C. accordance with 46 CFR 232.6. shall remain available to be Chapter 121; and requisitioned by the Maritime (Approved by the Office of Management and (2) Operation. Be operated exclusively Administration under that provision of Budget under control number 2133–0525) in the U.S.-foreign trade or in mixed law. Subpart DÐPayment and Billing (i) Transfer of operating agreements. foreign and domestic trade allowed Procedures A Contractor under a Operating under a registry endorsement issued under 46 U.S.C. 12105, and shall not Agreement shall notify the Maritime § 295.30 Payment. otherwise be operated in the coastwise Administration of its intention to (a) Amount payable. A MSP transfer the agreement (including all trade of the United States. (e) Limitations. Limitations on Operating Agreement shall provide, rights and obligations under the subject to the availability of agreement) to any Eligible Contractor or Contractors with respect to the operation of foreign-flag vessels shall be appropriations and to the extent the related party. The proposed transfer agreement is in effect, for each shall become effective within 90 days in accordance with section 804 of the Act. The operation of vessels, other than Agreement Vessel, an annual payment unless disapproved by the Maritime of $2,300,000 for fiscal year 1996, and Administration. Agreement Vessels, in the noncontiguous trades shall be limited in $2,100,000 for each fiscal year § 295.21 MSP assistance conditions. accordance with service levels and thereafter. This amount shall be paid in (a) Term of MSP Operating conditions permitted in section 656 of equal monthly installments at the end of Agreement. The Maritime the Act. each month. The annual amount Administration is authorized to enter (f) Obligation of the U.S. Government. payable shall not be reduced except as into MSP Operating Agreements The amounts payable as MSP Payments provided in paragraph (b) of this section commencing in FY 1996. MSP under a MSP Operating Agreement shall and section 295.31(a)(3). Operating Agreements shall be effective constitute a contractual obligation of the (b) Reductions in amount payable. (1) for a period of not more than one fiscal United States Government to the extent The annual amount otherwise payable year, and unless otherwise specified in of available appropriations. under a MSP Operating Agreement shall the Agreement, shall be renewable, be reduced on a pro rata basis for each subject to the availability of § 295.22 Termination of authority. day less than 320 in a fiscal year that an appropriations or amounts otherwise (a) Time frames. A Contractor that has Agreement Vessel is not operated made available, for each subsequent been awarded a MSP Operating exclusively in the U.S.-foreign trade or fiscal year through the end of FY 2005. Agreement shall commence operations in mixed foreign and domestic trade In the event appropriations are enacted of the Eligible Vessel, under the allowed under a registry endorsement after October 1 with respect to any applicable agreement or a subsequently issued under 46 U.S.C. 12105. Days subsequent fiscal year, October 1 shall renewed agreement, within the time during which the vessel is drydocked or be considered the effective date of the frame specified as follows: undergoing survey, inspection, or repair renewed agreement, provided sufficient (1) Existing vessel. Within one year shall be considered to be days which the funds are made available and subject to after the initial effective date of the MSP vessel is operated, provided the total of the Contractor’s rights for early Operating Agreement in the case of a such days within a fiscal year does not termination pursuant to section 652(m) vessel in existence on that date and after exceed 30 days. of the Act. notification to the Maritime (2) There shall be no payment for any (b) Terms under a continuing Administration within 30 days of the day that a MSP Agreement Vessel is resolution (CR). In the event funds are Contractor’s intent; or engaged in transporting more than 7,500 available under a CR, the terms and (2) Newbuilding. Within 30 months tons (using the U.S. English standard of conditions of the MSP Operating after the initial effective date of the MSP short tons, which converts to 6,696.75 Agreements shall be in force provided Operating Agreement in the case of a long tons, or 6,803.85 metric tons) of sufficient funds are available to fully vessel to be constructed after that date. civilian bulk preference cargoes 53866 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations pursuant to section 901(a), 901(b), or period shall be electronically transferred ACTION: Correction to final rule. 901b, provided that it is Bulk Cargo. using MARAD’s prescribed format, or a check may be forwarded to Maritime SUMMARY: This document contains § 295.31 Criteria for payment. Administration, P.O. Box 845133, corrections to the final rule (I.D. (a) Submission of voucher. For Dallas, Texas 75284–5133, or the 042696A), which was published Friday, contractors operating under more than amount owed can be credited to August 23, 1996 (61 FR 43420). The one MSP Operating Agreement, the MARAD by offsetting amounts payable final rule implemented the approved contractor may submit a single monthly in future billing periods. provisions of Amendment 8 to the voucher applicable to all its agreements. (b) [Reserved] Fishery Management Plan (FMP) for the Each voucher submission shall include Summer Flounder and Scup Fisheries. a certification that the vessel(s) for Subpart EÐAppeals Procedures EFFECTIVE DATE: September 23, 1996. which payment is requested were operated in accordance with § 295.21(d), § 295.40 Administrative determinations. FOR FURTHER INFORMATION CONTACT: and consideration shall be given to (a) Policy. A Contractor who disagrees Regina L. Spallone, Fishery Policy reductions in amounts payable as set with the findings, interpretations or Analyst, 508–281–9221. decisions of the Contracting Officer with forth in section 295.30. All submissions SUPPLEMENTARY INFORMATION: shall be forwarded to the Director, respect to the administration of this part Office of Accounting, MAR–330 Room may submit an appeal to the Maritime Background Administrator. Such appeals shall be 7325, Maritime Administration, 400 Amendment 8 revised the summer made in writing to the Maritime Seventh Street S.W., Washington, D.C. flounder FMP to include management Administrator, within 60 days following 20590. Payments shall be paid and measures for the scup fishery in order the date of the document notifying the processed under the terms and to reduce fishing mortality and to allow Contractor of the administrative conditions of the Prompt Payment Act, the stock to rebuild. 31 U.S.C. 3901. determination of the Contracting (1) Payments shall be made per vessel, Officer. Such an appeal should be Need for Correction in equal monthly installments, as addressed to the Maritime The final rule that implemented the follows: Administrator, Att.: MSP Contract Appeals, Maritime Administration, 400 approved provisions of Amendment 8 to FY 1996—$191,666.66 the Fishery Management Plan for the FY 1997—$175,000.00 Seventh St. S.W., Washington, D.C. 20590. Summer Flounder and Scup Fisheries FY 1998—$175,000.00 (61 FR 43420, August 23, 1996) FY 1999—$175,000.00 (b) Process. The Maritime redesignated paragraph (t) of the FY 2000—$175,000.00 Administrator may require the person FY 2001—$175,000.00 making the request to furnish additional regulatory text under 50 CFR 648.14 as FY 2002—$175,000.00 information, or proof of factual paragraph (u) and added and reserved a FY 2003—$175,000.00 allegations, and may order other new paragraph (t). Paragraph (t) should FY 2004—$175,000.00 proceedings appropriate in the not have been redesignated as paragraph FY 2005—$175,000.00 circumstances. The decision of the (u), because it had already been (2) To the extent that reductions Maritime Administrator shall be final. redesignated in Amendment 7 (61 FR 39909, July 31, 1996), and hence it was under § 295.30(b) are known, such Dated: October 10, 1996. reductions shall be applied at the time also not necessary to add and reserve a By order of the Maritime Administration. of the current billing. The daily new paragraph (t) as a place holder. reduction amounts shall be based on the Joel C. Richard, Therefore, NMFS is correcting annual amounts in § 295.30(a) of this Secretary, Maritime Administration. amendatory instruction 12 by removing part divided by 365 days (366 days in [FR Doc. 96–26502 Filed 10–15–96; 8:45 am] that part of the instruction. leap years) and rounded to the nearest BILLING CODE 4910±81±P Correction of Publication cent. Daily reduction amounts shall be applied as follows: Accordingly, the publication on August 23, 1996, of the final rule (I.D. FY 1996—$6,284.15 DEPARTMENT OF COMMERCE FY 1997—$5,753.42 042696A), which was the subject of FR FY 1998—$5,753.42 National Oceanic and Atmospheric Doc. 96–21515, is corrected as follows: FY 1999—$5,753.42 Administration On page 43426 of the regulatory text, FY 2000—$5,737.70 in the first column, amendatory FY 2001—$5,753.42 50 CFR Part 648 instruction 12 is corrected as follows: FY 2002—$5,753.42 [Docket No. 960520141±6221±02; I.D. ‘‘12. In § 648.14, paragraphs (a)(80) FY 2003—$5,753.42 042696A] through (a)(88), and paragraph (u)(6) are FY 2004—$5,737.70 added, and paragraphs (k) and (l) are RIN 0648±AH05 FY 2005—$5,753.42 revised to read as follows:’’ (3) The Maritime Administration may Fisheries of the Northeastern United Authority: 16 U.S.C. 1801 et seq. require, for good cause, that a portion States; Summer Flounder and Scup Dated: October 9, 1996. not to exceed 10% of the funds payable Fisheries; Amendment 8; Correction under this section be withheld until Rolland A. Schmitten, final review of the current billing period AGENCY: National Marine Fisheries Assistant Adminstrator for Fisheries, National is completed. Service (NMFS), National Oceanic and Marine Fisheries Service. (4) Amounts owed to MARAD for Atmospheric Administration (NOAA), [FR Doc. 96–26391 Filed 10–15–96; 8:45 am] reductions applicable to a prior billing Commerce. BILLING CODE 3510±22±F 53867

Proposed Rules Federal Register Vol. 61, No. 201

Wednesday, October 16, 1996

This section of the FEDERAL REGISTER ADDRESSES: Send comments to the revenue began flowing into the SAIF on contains notices to the public of the proposed Office of the Executive Secretary, January 1, 1993, the amounts authorized issuance of rules and regulations. The Federal Deposit Insurance Corporation, to be assessed against SAIF-member purpose of these notices is to give interested 550 17th Street, NW., Washington, DC savings associations by the SAIF were persons an opportunity to participate in the 20429. Comments may be hand- reduced by the amounts assessed by the rule making prior to the adoption of the final rules. delivered to Room F–400, 1776 F Street, FICO in order to service the interest on NW., Washington, DC, on business days its bond obligations. At $793 million per between 8:30 a.m. and 5:00 p.m. (FAX year, the FICO draw was substantial, FEDERAL DEPOSIT INSURANCE number: 202/898–3838. Internet and contributed to the slow growth in CORPORATION address: [email protected]). the SAIF reserve ratio, which only Comments will be available for increased from .28 percent to .47 12 CFR Part 327 inspection in the FDIC Public percent in 1995. Information Center, Room 100, 801– With the capitalization of the BIF in RIN 3064±AB94 17th Street, NW., Washington, DC 1995, the Board has lowered the Assessments between 9:00 a.m. and 4:30 p.m. on assessment rate schedule for BIF business days. members, creating a significant disparity AGENCY: Federal Deposit Insurance FOR FURTHER INFORMATION CONTACT: in the assessment rates paid by BIF and Corporation (FDIC). Allan Long, Assistant Director, Division SAIF members. This disparity has ACTION: Proposed rule. of Finance, (202) 416–6991; James created incentives for institutions to McFadyen, Senior Financial Analyst, move deposits from SAIF-insured status SUMMARY: The FDIC is proposing to (202) 898–7027; Christine Blair, to BIF-insured status, raising the lower the rates on assessments paid to Financial Economist, (202) 898–3936, question of whether a shrinking SAIF- the Savings Association Insurance Fund Division of Research and Statistics; assessable deposit base could continue (SAIF), and to widen the spread of the Stephen Ledbetter, Chief, Assessments both to service the interest on FICO debt rates, in order to avoid collecting more Evaluation Section, Division of and to capitalize the SAIF. than needed to maintain the SAIF’s Insurance (202) 898–8658; Richard On September 30, 1996, the Deposit capitalization at 1.25 percent of Osterman, Senior Counsel, (202) 898– Insurance Funds Act of 1996 (Funds aggregate insured deposits, and improve 3736; Jules Bernard, Counsel, (202) 898– Act), Pub. L. 104–208, 110 Stat. 3009 et the effectiveness of the risk-based 3731, Legal Division, Federal Deposit seq., was enacted, requiring the FDIC to assessment system. Insurance Corporation, Washington, impose a one-time special assessment The proposed rule would establish a D.C. 20429. on SAIF-assessable deposits to base assessment schedule for the SAIF capitalize the SAIF at 1.25 percent of SUPPLEMENTARY INFORMATION: with rates ranging from 4 to 31 basis SAIF-insured deposits as of October 1, points, and an adjusted assessment I. The Proposed Rule 1996. The FDIC is issuing a final rule to impose the special assessment; the schedule that reduces these rates by 4 A. Background basis points. In general, the effective special assessment is to be collected on SAIF rates would range from 0 to 27 Under the assessment schedule November 27, 1996. basis points, beginning October 1, 1996. currently in effect, SAIF members are The Funds Act also eliminates the The proposed rule would also establish assessed rates for FDIC insurance statutory link between the FICO’s a special interim schedule of rates ranging from 23 basis points for assessments and amounts authorized to ranging from 18 to 27 basis points for institutions with the best assessment be assessed by the SAIF, effective SAIF-member savings associations for risk classification to 31 basis points for January 1, 1997. Accordingly, the rate- just the last quarter of 1996, reflecting the riskiest institutions. This assessment setting process for the SAIF takes the the fact that the Financing Corporation’s schedule implements the risk-based FICO’s draw into account until that assessments are included in the SAIF assessment program required by section date, but not afterward. In response to these developments, rates for these institutions during that 7 of the Federal Deposit Insurance (FDI the FDIC is proposing to lower the interval. Excess assessments collected Act), 12 U.S.C. 1817, and has been regular SAIF assessment rates as of under the prior assessment schedule designed to increase the reserve ratio of the SAIF—the ratio of the SAIF’s net October 1, 1996, and to refund or credit would be refunded or credited, with any excess SAIF assessments collected interest. worth to aggregate SAIF-insured 1 for the second semiannual period of The proposed rule would enable the deposits, see id. 1817(l)(7)—to the DRR. Since the creation of the SAIF and 1996. FDIC to make limited adjustments to the through the end of 1992, however, all base assessment rates, both for the SAIF B. Statutory Framework for Setting assessments from SAIF-member and for the Bank Insurance Fund (BIF), Assessment Rates institutions were diverted to other by a limited amount without notice-and- needs. While some SAIF-assessment Section 7(b)(1) of the FDI Act, id. comment rulemaking. 1817(b)(1), requires the Board to The proposed rule would clarify and 1 The DRR is a target ratio that has a fixed value establish a risk-based assessment system correct certain provisions without for each year. The value is either 1.25 percent or for all insured institutions, and to set making substantive changes. such higher percentage as the Board determines to semiannual assessments for each be justified for that year by circumstances raising DATES: Comments must be received by a significant risk of substantial future losses to the institution based on: (1) The probability the FDIC on or before November 15, Fund. Id. 1817(b)(2)(A)(iv). The Board has not that the institution will cause a loss to 1996. altered the statutory DRR for either fund. the BIF or to the SAIF, (2) the likely 53868 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules amount of the loss, and (3) the revenue Finally, until December 31, 1998, the expressed concern that widening the needs of the appropriate fund. Id. assessment rate for a SAIF member may spread while keeping assessment 1817(b)(1)(C). not be less than the assessment rate for revenue constant might unduly burden Section 7(b)(2)(A) requires the Board a BIF member that poses a comparable the weaker institutions that would be to set assessments to maintain each risk to the deposit insurance fund. Id. subject to greatly increased rates. See 58 fund’s reserve ratio at the DRR (or, if the 1817(b)(2)(E). FR 34357, 34361 (June 25, 1993). fund’s reserve ratio is below the DRR, to increase the ratio to that level). Id. C. The SAIF Assessment Schedule The 8-basis point rate spread has 1817(b)(2)(A)(i).2 The Board must take 1. New Rate Spread continued to be criticized by bankers, into consideration the fund’s: (1) banking scholars and regulators as Expected operating expenses; (2) case Risk-based assessment rates have a unduly narrow. There is considerable resolution expenditures and income; (3) dual purpose: to reflect the risk posed empirical support for this criticism. the effect of assessments on members’ to each Fund by individual institutions, Using a variety of methodologies and earnings and capital; and (4) any other and to provide institutions with proper different sample periods, the vast factors that the Board deems incentives to control risk-taking. The majority of relevant studies of deposit- appropriate. Id. 1817(b)(2)(A)(ii). Once FDIC has considered whether a spread insurance pricing have produced results the SAIF’s reserve ratio is at the DRR, of 8 basis points is sufficient for that are consistent with the conclusion the FDIC may not set SAIF assessments achieving these goals. In December that the rate spread between healthy and in excess of the amount necessary to 1992, the FDIC proposed to establish troubled institutions should exceed 8 maintain that ratio (although the Board risk-based premium matrices of 23 to 31 basis points. The precise estimates vary; may set higher rates for institutions that basis points for both the BIF and the but there is a clear consensus from this exhibit weakness or are not well SAIF. The Board asked for comment on evidence that the rate spread should be whether the proposed assessment rate capitalized). Id. 1817(b)(2)(A)(iii) & (v). widened.3 Until January 1, 1997, the amounts spread of 8 basis points should be assessed by the FICO may not exceed widened. See 57 FR 62502 (Dec. 31, There also is a concern that rate the amount ‘‘authorized to be assessed’’ 1992). Ninety-six commenters addressed differences between adjacent cells in the by the FDIC against SAIF member this issue; 75 of them favored a wider current matrix do not provide adequate savings associations pursuant to section rate spread. In the final rule, the Board incentives for institutions to improve 7 of the FDI Act. Conversely, the expressed its conviction that widening their condition. Larger differences are amount of a SAIF assessment ‘‘shall be the rate spread was desirable in consistent with historical variations in reduced’’ by the amount of the FICO principle, but chose to implement the 8- failure rates across cells of the matrix, draw. Id. 1441(f)(2). basis point rate spread. The Board as seen in the following table:

TABLE 1.ÐHISTORICAL THRIFT FAILURE RATES BY CELL 1988±1993*

Supervisory risk subgroup Tangible capital category Not rated as ABC of 12/31/87

1. Well: Thrifts ...... 1,189 172 21 25 Failures ...... 43 28 9 5 Failure Rate ...... 2.9% 16.3% 42.9% 20.0% 2. Adequate: Thrifts ...... 215 73 14 1 Failures ...... 26 20 7 0 Failure Rate ...... 12.1% 27.4% 50.0% 0.0% 3. Under: Thrifts ...... 460 389 541 37 Failures ...... 134 205 447 35 Failure Rate ...... 29.1% 52.7% 82.6% 94.6% Average failure rate: 30.6% * Percentage of thrifts in cell at year-end 1987 that failed during 1988±1993. These figures reflect different examination policies and procedures than exist today. In particular, examinations may have been relatively infrequent for some institutions during this period.

The precise magnitude of the proper institutions, the FDIC has performed 2. Spreading Risk Over Time rate differences is open to debate, given analyses on increasing the spread from the sensitivity of estimates to small 8 to 27 basis points and has found that, The FDIC has recognized that, in changes in assumptions and to the apart from institutions already setting deposit insurance premiums, the selection of the sample periods. recognized as likely failures, the wider risk of adverse events that may occur However, the evidence indicates that spread is expected to have a minimal beyond the immediate semiannual larger rate differences between adjacent impact in terms of additional failures. assessment period must be considered, cells of the risk-based assessment matrix The FDIC therefore proposes that a 27- in order to spread risk over time and to are warranted. basis point spread be adopted for moderate the cyclical effects of Because of concern for the impact of members of the SAIF. insurance losses on insured institutions. a wider spread on weaker SAIF-insured A strict ‘‘pay-as-you-go’’ insurance

2 The Board may set higher rates for institutions 3 The FDIC’s research also suggests that a Actuarially Fair Deposit Insurance Premiums and that exhibit weakness or are not well capitalized, substantially larger spread would be necessary to the FDIC’s Risk-Related Premium System’’, FDIC however. Id. 1817(b)(2)(A)(v). establish an ‘‘actuarially fair’’ assessment rate Banking Review 16–27, Table 5, Panel B (1994). system. See Gary S. Fissel, ‘‘Risk Measurement, Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules 53869 system—one that attempts only to for the purpose of estimating future swings; regulatory and accounting balance revenue and expense over the thrift losses. standards are more exacting; and current assessment period—can result The FDIC has recently analyzed its deposits have generally declined since in rate volatility that would adversely historical loss experience with banks, 1989. The FDIC recognizes that impact weak institutions in periods of and has considered the likely effect of structural weaknesses of the SAIF, economic stress, increasing the risk of recently enacted statutory provisions including a relatively small membership loss to the fund. Historical evidence that are expected to moderate deposit base and geographic and product shows that in peak loss years, pay-as- insurance losses going forward. The concentrations, suggest that the you-go rates would substantially exceed FDIC has concluded that an assessment appropriate SAIF assessment rate to the rates required to balance revenues rate of 4 to 5 basis points would be achieve a long-range balance may be and expenses over the longer term. appropriate to achieve a long-run higher than the BIF rate. Lacking a The FDIC believes that, for the balance between BIF revenues and compelling empirical basis for purpose of estimating future losses for expenses. See 60 FR 42680 (Aug. 16, determining different assessment the thrift industry, the industry’s loss 1995). These rates reflect the experience structures for the two industries, experience in the 1980s is not likely to of the FDIC during the period from 1950 however, the FDIC currently expects be especially informative. The insurance to 1980. From 1980 through 1994, rates that an assessment rate of 4 to 5 basis losses associated with thrifts far in the range of 10 to 13 basis points points would likely result in a long- exceeded insurance losses from banks would have been required to balance range balance of revenues and expenses revenues and expenses: but for banks as during this period both in dollars and, for the SAIF as well as for the BIF. well as thrifts, failures during this to an even greater extent, as a period were attributable to 3. Maintaining the SAIF Reserve Ratio at percentage of the size of the industry. extraordinary conditions brought on by the DRR The losses prompted Congress to volatile interest rates, ineffective In setting assessments to maintain the adopt a number of legislative reforms supervision and real-estate values that reserve ratio at the DRR the Board is that have the effect of placing thrifts in first soared and then collapsed. While required to consider the following a regulatory context that resembles that regulators still may not have the ability factors: of the banks much more closely. The to foresee a real-estate collapse or other FDIC has replaced the Federal Savings severe economic adversities, the a. Expected operating expenses and and Loan Insurance Corporation (FSLIC) statutory and regulatory safeguards now revenues. With a balance of as insurer for the thrift industry. The in place are likely to limit losses to the approximately $8.6 billion, the SAIF Office of Thrift Supervision, an office funds under such extreme conditions. will be fully capitalized at 1.25 percent within the Department of the Treasury, Accordingly, average assessment rates as of October 1, 1996. Table 2 shows the has replaced the Federal Home Loan in the range of 4 to 5 basis points are projected SAIF reserve ratio on June 30, Bank Board as the supervisor for thrift thought to be adequate to balance long- 1997, under pessimistic, optimistic and institutions. Thrifts are now subject to range revenues and expenses for the moderate conditions. The pessimistic stronger capital standards, which are set BIF. conditions combine relatively high loss at the same levels as required of banks. The FDIC expects that this same range provisions, high deposit growth and low Thrifts, like banks, now pay assessments is an appropriate benchmark for SAIF investment earnings; the optimistic based on risk. The losses generated in rates as well. From 1950 to 1980, the conditions combine zero loss thrift failures are limited by the same rates paid by FSLIC-insured thrifts were provisions, negative deposit growth and safeguards as those that apply to bank about twice the effective rate paid by high investment earnings. Table 2 failures—notably, the early-closure rule FDIC-insured banks, reflecting higher indicates that, under pessimistic of the prompt corrective action statute, annual rates of deposit growth for thrifts conditions, an assessment rate range of the cross-guarantees among affiliates, and a somewhat higher loss experience 4 to 31 basis points falls just short of the least-cost resolution requirement, for the FSLIC.4 But differences between maintaining the DRR of 1.25 percent. and the depositor-preference statute. In the banking and thrift industries are less But under moderate conditions, which view of these changes in the regulatory significant today than they were in the can be viewed as more likely than either and insurance environment for thrifts, period from 1950 to 1980; thrifts the pessimistic or optimistic scenarios, the failure experience of commercial generally are better protected than they rates of 0 to 27 basis points would result banks is likely to be more illuminating were from the effects of interest-rate in a SAIF reserve ratio of 1.27 percent:

TABLE 2.ÐSAIF ASSESSMENT RATES AND RESERVE RATIO UNDER VARYING CONDITIONS

Conditions Pessimistic Optimistic Moderate

Deposit growth rate (%) ...... 4.0 ¥2.0 2.0 Loss provisions ($M) ...... 270 0 50 Investment rate (%) ...... 5.2 6.2 5.7

Assessment rates (bp) Estimated reserve ratio (%) June 30, 1987 Range Average Pessimistic Optimistic Moderate

4 to 31 ...... 4.7 1.24 1.36 1.30 2 to 29 ...... 2.7 1.23 1.34 1.28

4 See James R. Barth, John J. Feid, Gabriel Riedel Research, Federal Home Loan Bank Board, (January and M. Hampton Tunis, Alternative Federal Deposit 1989), at 12–20. Insurance Schemes, Office of Policy and Economic 53870 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules

Assessment rates (bp) Estimated reserve ratio (%) June 30, 1987 Range Average Pessimistic Optimistic Moderate

0 to 27 ...... 0.7 1.21 1.33 1.27

Following is a discussion of each of the institutions, which is estimated to be 22 under moderate conditions. With no main variables affecting the estimated basis points per year of total assets (or significant receivership activity and a reserve ratio: slightly more than $2 billion in failed very liquid fund, investment earnings Yield on investments: The SAIF is assets per year). The pessimistic presently are more than adequate to very liquid, not having had any scenario is not a worst-case scenario. maintain the DRR. significant receivership activity. But given the currently favorable 4. The Base Schedule and the Effective Although FDIC policy limits the economic conditions and the relative Rates proportion of investments with health of the thrift industry, maturities beyond five years, a fully deterioration in the industry would The Funds Act requires the special capitalized SAIF will have significant have to be sudden and sharp for the assessment to be in an amount that investment earnings. Short-term interest SAIF to require additional loss reserves capitalizes the SAIF at the DRR as of rates have been generally stable in 1996, at the long-term rate. October 1, 1996. Accordingly, from that and the FDIC’s recent investment yield The moderate scenario reflects the date forward the FDIC must set SAIF of 5.7 percent may be a reasonable fact that the FDIC has identified a few assessments no higher than necessary to approximation for the expected yield SAIF members as possible failures by maintain the SAIF’s reserve ratio at the through the first half of 1997. The year-end 1997 but has not yet DRR (although the Board may set higher investment rates utilized in Table 2 established loss reserves for them. If loss rates for institutions that exhibit certain range from 5.2 percent to 6.2 percent, or reserves were established for these kinds of weakness or are not well 50 basis points on either side of the thrifts in 1996, the cost to the SAIF capitalized). 12 U.S.C. 1817(b)(2)(A) (i), recent experience. Estimated annual would be about $50 million. (iii) and (v). The FDIC must therefore operating expenses are assumed to be b. Case resolution expenditures and lower the SAIF assessment schedule as $40 million, the same as in 1995.5 income. As noted above, the SAIF has a whole.7 Growth of SAIF-insured deposits: For no significant receivership activity. At the same time, in order to maintain the 12 months ending December 31, Accordingly, case resolution a risk-based assessment system, the 1995, SAIF-insured deposits increased expenditures and income are negligible. FDIC must set rates for riskier 2.5 percent, reversing a long-term c. Effect on SAIF members’ earnings institutions at higher levels, even if the decline that began with the inception of and capital. The proposed rule would resulting collections would cause the the SAIF in 1989. But insured deposit reduce assessment rates for all SAIF’s reserve ratio to rise above the growth slowed in the first six months of institutions that pay assessments to the DRR. The higher rates are required to 1996 to an annual rate of 0.3 percent. SAIF, and therefore would have a preserve the incentive for those The FDIC regards an annual growth rate beneficial impact on all such institutions to control risk-taking of 2.5 percent as near the high end of institutions’ earnings and capital. behavior, and also to cover the long- the possible range of deposit growth for Thrifts had record earnings and a term costs of the obligations that the the near future. Accordingly, the FDIC’s return on assets above 1 percent in each institutions present to the SAIF. The analysis uses a range of insured deposit of the first two quarters of 1996. Nearly FDIC has explicit authority to set higher growth from -2 percent to 4 percent 98 percent of all SAIF members are well assessments for such institutions. See 12 (annualized). capitalized. The assets of ‘‘problem’’ U.S.C. 1817(b)(2)(A)(v). Provisions for loss: The FDIC has SAIF members fell to $7 billion as of The FDIC is proposing to fulfill these already established a reserve for losses June 30, down from over $200 billion at requirements by adopting a base within the SAIF, and has accordingly the end of 1991. Only one SAIF member assessment schedule that sets forth a reduced SAIF’s reported net worth by has failed in 1996. permanent (and reduced) set of rates for the SAIF, and an adjusted assessment the amount of the reserve.6 This reserve The commercial banking industry, schedule that further lowers the SAIF represents the estimated loss for which owns one-fourth of the SAIF rates to the level that is appropriate institutions that, absent some favorable assessment base, is even stronger. Based under current conditions. The FDIC is event, are likely to fail within 18 on net income for the first half of 1996, also proposing to adopt a procedure for months. That projection is subject to the banking industry is expected to have making limited modifications to the considerable uncertainty. record annual earnings for the fifth The optimistic scenario assumes the consecutive year. adjusted assessment schedule in an existing reserve is adequate. Table 2 d. Summary. As discussed above, expeditious manner (discussed in shows an additional loss provision of while the appropriate long-term paragraph I.E., below). Finally, in order zero under this scenario. assessment rate would be 4 to 5 basis to accommodate the special The pessimistic scenario has an points, the analysis summarized in circumstances of institutions that pay additional loss provision of $270 Table 2 indicates that, under current FICO assessments, the FDIC is million. This scenario represents the conditions, this rate would likely result long-range failure rate for SAIF-insured 7 The proposed rule would give the FDIC in a reserve ratio well in excess of flexibility to delay issuing the invoices for the first 1.25%. The Board is therefore proposing quarterly payment for the first semiannual period 5 The FDIC presently is addressing the allocation to lower the rate to a range of 0 to 27 of 1997, which is the first payment under the new of operating expenses between the BIF and the basis points, which would yield an schedule. As a rule, the FDIC must issue invoices SAIF. A likely outcome is that the proportion of not less than 30 days prior to the collection date. expenses borne by the SAIF will increase. average rate of 0.6 basis points 12 CFR 327.3(c)(1). A shorter interval is warranted 6 The SAIF loss reserve was $114 million on June (annualized) and an estimated reserve in this case in order to afford time for notice and 30, 1996. ratio of 1.27 percent at midyear 1997, comment on the proposed regulation. Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules 53871 proposing to adopt a special interim set Assessment Schedule that lowers these necessary to carry out the mission of the of rates that apply to these institutions rates by 4 basis points. The adjusted rate risk-based assessment program. from October 1, 1996, through the end schedule would immediately apply to Other institutions—BIF members and of the year. (See discussion at paragraph all institutions other than those that pay SAIF-member banks—do not make such I.C.4.d., below). assessments to the FICO. The second payments to the FICO, even though a. The SAIF Base Assessment proposed modification is a special these institutions may pay SAIF Schedule. The SAIF rates currently interim set of rates for institutions that assessments. See ‘‘Treatment of range from 23 basis points for pay assessments to the FICO. The Assessments Paid by ‘Oakar’ Banks and institutions with the most favorable special interim rates would apply to ‘Sasser’ Banks on SAIF-Insured assessment risk classification to 31 basis these institutions from October 1, 1996, Deposits, General Counsel’s Opinion points for the riskiest institutions: through December 31, 1996. After the No. 7’’, 60 FR 7059 (February 6, 1995).9 end of 1996, the special interim rates If the FDIC were to extend the special CURRENT SAIF ASSESSMENT would terminate, and these interim rates for SAIF-member savings SCHEDULE institutions—like other institutions that associations to other institutions, the pay SAIF assessments—would pay the FDIC would collect amounts in excess Supervisory subgroup rates prescribed in the SAIF Base of the amount needed to preserve the Capital group SAIF’s reserve ratio at the DRR. But if ABC Assessment Schedule as reduced by the 4-basis-point adjustment. the FDIC were to subject SAIF-member 1 ...... 23 26 29 The SAIF Adjusted Assessment savings associations to the schedule that 2 ...... 26 29 30 Schedule. When the SAIF’s reserve ratio applies to these other institutions, the 3 ...... 29 30 31 is at the DRR, the FDIC cannot lawfully SAIF would not receive the amounts impose regular semiannual assessments necessary to compensate it for the risk See 12 CFR 327.9(d)(1). The proposed with respect to the SAIF in excess of the that the institutions present to it. rule would retain the basic framework amount needed to maintain the SAIF at Accordingly, the FDIC cannot adopt a of this schedule and name it the ‘‘SAIF the DRR (although the Board may set single rate-schedule for all SAIF- Base Assessment Schedule’’. such assessments for institutions that assessable institutions between October The proposed SAIF Base Assessment exhibit weakness or are not well 1, 1996, and year-end 1996. Schedule would have generally lower capitalized). Id. 1817(b)(2)(A)(iii) and Conversely, the Federal Home Loan rates, however, and would also have a (v). Accordingly, the FDIC is proposing Bank Act currently provides—and will wider range between the highest and to adopt an immediate adjustment to the continue to provide until January 1, lowest rates: SAIF Base Assessment Schedule that 1997—that the amount assessed by the would avoid collecting such excess FICO against SAIF-member savings PROPOSED SAIF BASE ASSESSMENT amounts. Like the SAIF Base associations ‘‘shall not exceed the SCHEDULE Assessment Schedule, the adjusted amount authorized to be assessed’’ by assessment schedule would take effect the SAIF against those institutions, and Supervisory subgroup that the amount of the applicable SAIF Capital group on October 1, 1996. ABC The adjusted assessment schedule assessment ‘‘shall be reduced’’ by the would apply at that time to all amount of the FICO draw. 12 U.S.C. 1 ...... 4 7 21 institutions other than institutions that 1441(f)(2)(A). If SAIF-member savings 2 ...... 7 14 28 pay FICO assessments. On and after associations were subject to the rate- 3 ...... 14 28 31 January 1, 1997, the adjusted assessment schedule for other institutions, the schedule would apply to all institutions. amounts collected from the SAIF- Until January 1, 1999, SAIF rates may member savings associations would not not be lower than the BIF rates for The adjustment would reduce each SAIF assessment rate by 4 basis points. be sufficient to cover the FICO draw. institutions that pose comparable risks The FDIC is proposing to set rates for The FDIC may not lower the rates in to their funds. 12 U.S.C. SAIF-member savings associations at a the SAIF Base Assessment Schedule by 1817(b)(2)(E)(iii). Accordingly, the rates level that is sufficient to cover the FICO more than the proposed 4 basis-point in the proposed SAIF Base Assessment draw, yet does not cause these adjustment. Any further reduction Schedule are as low as, but no lower institutions to pay amounts to the SAIF would cause the lowest rate to be less than, the permanent (or base) BIF rates that would cause the SAIF’s reserve than zero, and would also cause the set forth in Rate Schedule 2.8 See id. ratio to exceed the DRR. The rates in the effective SAIF rates to fall below the 327.9(a). risk-based assessment system for SAIF- current rates for BIF members. The SAIF Base Assessment Schedule member savings associations must also Interim schedule for institutions would, in principle, apply immediately be high enough to carry out the policies paying FICO assessments. SAIF-member to all institutions. As described below, that underlie such a system, but not so savings associations must pay however, the rates set forth in the SAIF high as to constitute an excessive assessments to the FICO to fund the Base Assessment Schedule would not be burden. The FDIC is therefore proposing the rates that are actually effective upon FICO’s interest obligations. 12 U.S.C. adoption of the proposed rule. 1441(f)(2); see id. 1441(k)(1). Through 9 A prior version of the Funds Act, which was b. Effective rates. The FDIC is year-end 1996, the FICO’s assessments contained in the ‘‘Balanced Budget Act of 1995’’ proposing to modify the rates in the serve to reduce the amounts that the (H.R. 2491) but vetoed by the President on SAIF Base Assessment Schedule in two SAIF is authorized to assess against December 6, 1995, would have required pro rata sharing of the FICO payments by savings ways. Both modifications would be these institutions. Accordingly, in order associations and banks essentially immediately, as effective as of October 1, 1996. The first to maintain a risk-based system of rates that provision would have been effective January 1, proposed modification is a general for these institutions, the FDIC is setting 1996. Later on, however, Congress altered the adjustment to the rates in the SAIF Base each rate in the system at a level that is effective date for the FICO sharing provision to apply to semiannual periods beginning after sufficient to pay the FICO’s December 31, 1996. By implication, banks do not 8 The proposed rule would redesignate Rate requirements, and also to establish the share in the FICO assessment payments prior to that Schedule 2 as the BIF Base Assessment Schedule. incentives and generate the revenues date. 53872 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules to retain, as a general matter, the D. Assessments Paid by Certain not well capitalized as defined in [FDI relationships among the assessment-risk Institutions Act] section 38’’. Section 38 of the FDI categories in the current SAIF Even if a fund has been capitalized, Act, 12 U.S.C. 1831o, defines a ‘‘well assessment schedule, while reducing the FDIC may collect assessments for capitalized’’ institution as one that each rate in the schedule by 5 basis the fund from institutions ‘‘that exhibit ‘‘significantly exceeds the required points. The only exception to this financial, operational, or compliance minimum level for each relevant capital principle is found in the relationship weaknesses ranging from moderately measure’’. 12 U.S.C. 1831o(b)(1)(A). between the highest-risk category and severe to unsatisfactory, or that are not Section 38 requires each agency to adjacent categories. Section 7(b)(2)(E) of well capitalized as defined in [FDI Act] specify the relevant capital measure at the FDI Act specifies that the section 38’’. Id. 1817(b)(2)(A)(v). The which insured depository institution is assessment rate for a SAIF member may FDIC proposes to interpret this clause in well capitalized. Id. 1831o(c)(2). The not be less than the assessment rate for a manner that is consistent with the FDIC has done so in subpart B of part a BIF member that poses a comparable existing framework of the risk-based 325 of its regulations, 12 CFR part 325 risk to its fund. Id. 1817(b)(2)(E)(iii). assessment program. (‘‘Capital Maintenance’’). See id. Accordingly, the rate proposed for ‘‘Financial, operational, or 325.103(b)(1). But subpart B—and institutions in the highest-risk category compliance weaknesses’’. For therefore its definition of ‘‘well schedule is not the current rate reduced assessment purposes, the FDIC classifies capitalized’’—only applies to state by the full 5 basis points, but rather is each institution into one of three nonmember banks and to insured state set at the same level as that for BIF supervisory subgroups: branches of foreign banks for which the members in the highest-risk category. Subgroup A Financially sound institutions FDIC is the appropriate federal banking Summary. The effective rates with only a few minor weaknesses. 12 agency. Id. 325.101(c). applicable to institutions that pay CFR 327.4(a)(2)(i). The FDIC also defines the term ‘‘well assessments to the SAIF from October 1, Subgroup B Institutions that demonstrate capitalized’’ in part 327. See id. 1996, through December 31, 1996, are weaknesses which, if not corrected, 327.4(a)(1)(i). Here the FDIC does so for shown in the following table: could result in significant deterioration the broader purpose of implementing a of the institution and increased loss to risk-based assessment system: SAIF ADJUSTED ASSESSMENT the BIF or SAIF. Id. 327.4(a)(2)(ii). accordingly, part 327’s definition Subgroup C Institutions that pose a SCHEDULE applies to all insured institutions. substantial probability of loss to the BIF While the two definitions employ the or SAIF unless effective corrective action Supervisory subgroup is taken. Id. 327.4(a)(2)(iii). same numerical ratios, part 325’s Capital group definition also includes an extra ABC When Congress adopted the Funds criterion: an institution may not be Act, Congress was aware that the FDIC ‘‘subject to any written agreement, 1 ...... 018 321 1724 already had these standards and 2 ...... 3 10 24 order, capital directive, or prompt 21 24 25 definitions in place, and that the FDIC corrective action directive * * * to 3 ...... 1024 2425 2727 already used them for the purpose of meet and maintain a specific capital imposing risk-based assessments. level for any capital measure’’. Id. The rates in large type apply to all SAIF- Moreover, the standards and definitions assessable institutions from January 1, 325.103(b)(1)(v). Within the context of focus on institutions’’ financial and the assessment regulation, this kind of 1997, forward; these rates also apply operational activities, and with their from October 1, 1996, forward to consideration helps to determine an compliance with laws and regulations. institution’s supervisory subgroup, but institutions that are not SAIF-member The FDIC accordingly believes that it is savings associations. The rates in small not its capital category. Accordingly, the reasonable and appropriate—and FDIC considers that it is not appropriate type apply to SAIF member savings consistent with the intent of Congress— to apply that criterion for the purpose of associations from October 1, 1996, to apply these standards and definitions determining whether an institution is through December 31, 1996. in determining whether an institution ‘‘well capitalized’’ for assessment ‘‘exhibit[s] * * * weaknesses ranging 5. Refund of Excess SAIF Assessments purposes. The FDIC therefore proposes from moderately severe to to apply part 327’s current definition of Both the proposed SAIF Adjusted unsatisfactory’’ for assessment purposes. Assessment Schedule and the interim The FDIC considers that if an ‘‘well capitalized’’ for the purpose of rate schedule for SAIF-member savings institution’s weaknesses are so severe interpreting section 7(b)(2)(A)(v) of the associations would become effective as that ‘‘if not corrected, [they] could result FDI Act. of October 1, 1996. The FDIC has in significant deterioration of the E. Adjustments to the Assessment already sent out invoices for the second institution and increased loss to the BIF Schedule quarterly payment for the current or SAIF’’, the weaknesses may properly semiannual period (July-December be characterized as ‘‘moderately severe’. 1. In General 1996), however. These assessments were The FDIC further considers that if the Section 327.9(b) sets forth a procedure computed at the rates presently in weaknesses ‘‘pose a substantial under which the Board may increase or effect, which are generally higher than probability of loss to the BIF or SAIF decrease the BIF Base Assessment the proposed rates. unless effective corrective action is Schedule without engaging in separate Accordingly, the proposed rule would taken’, they may properly be regarded as notice-and-comment rulemaking provide for a refund or credit of the ‘‘unsatisfactory’’. The FDIC therefore proceedings for each adjustment. 12 excess amount collected in the regular proposes to interpret section CFR 327.9(b). SAIF assessment, with interest. The 7(b)(2)(A)(v) to include any institution The allowable adjustments are subject excess amount would be refunded or that is classified in supervisory to strict limits. No adjustment may, credited in one or more installments. subgroup B or C. when aggregated with prior The refunds and credits would be made ‘‘Not well capitalized’’. Section adjustments, cause the adjusted BIF according to the procedures applicable 7(b)(2)(A)(v) also authorizes the FDIC to rates to deviate ‘‘over time’’ by more to regular quarterly payments. set higher rates for institutions ‘‘that are than 5 basis points from those set forth Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules 53873 in Rate Schedule 2, which is the The adjustment for any particular are not well capitalized, see id. permanent or base rate schedule for the semiannual period would be 1817(b)(2)(A)(v)). Section 7(b)(2)(A)(iii) BIF. An adjustment may not result in a determined by: (1) The amount of of the FDI Act restates the substance of negative assessment rate. No one assessment income necessary to this mandate in a different way: the adjustment may constitute an increase maintain the SAIF reserve ratio at 1.25 FDIC ‘‘shall not set assessment rates in or decrease of more than 5 basis points. percent (taking into account operating excess of the amount needed’’ for those See id. 327.9(b)(1). expenses and expected losses and the purposes. These twin commands require The Board proposes to modify and statutory mandate for the risk-based the FDIC to monitor the size of each clarify this process somewhat, and assessment system); and (2) the fund, the amount of deposits that each extend it to SAIF rates as well. The particular risk-based assessment fund insures, and the relationship proposed regulation would not change schedule that would generate that between them. Section 7(b)(2)(A) the limits on allowable adjustments, but amount considering the risk requires the FDIC to set ‘‘semiannual would clarify the following two points. composition of the industry at the time. assessments’’. Accordingly, the FDIC First, the Board may not, without The Board expects to adjust the evaluates the assessment schedules notice-and-comment rulemaking, assessment schedule every six months every six months. establish an adjusted assessment by the amount (if any), up to and Notice-and-comment rulemaking schedule for a fund in which the including the maximum adjustment of 5 procedures are generally ‘‘unnecessary’’ adjusted rates differ by more than 5 basis points, necessary to maintain the because institutions are already on basis points at any time from the base reserve ratio at the DRR. notice with respect to the benchmark assessment schedule for that fund. For Such adjustments would be adopted rates that are set forth in the base example, if the rate for 1A SAIF in a regulation that reflects assessment schedules, with respect to members in the SAIF Base Assessment consideration of the following statutory the need for making semiannual Schedule were 4 basis points, the factors: (1) Expected operating expenses; adjustments to the rates, and with adjusted rate for 1A SAIF members (2) projected losses; (3) the effect on respect to the maximum amount of any could never rise above 9 basis points SAIF members’ earnings and capital; such adjustments. Moreover, the without a new notice-and-comment and (4) any other factors the Board adjustments would be limited: the FDIC rulemaking proceeding. determined to be relevant. The would not be able to change a current Second, the Board may not reduce the regulation would be adopted and assessment schedule by more than 5 rates in either base assessment schedule announced at least 15 days prior to the basis points, or to deviate from the base any more than those rates have already date the invoice is provided for the first assessment schedule by more than 5 been lowered, because in that event the quarter of the semiannual period for basis points. lowest rate in the schedule would be which the adjusted rate schedule would Notice-and-comment rulemaking less than zero. The proposed regulation take effect. makes it clear that zero serves as a lower If the amount of the adjustment under procedures also are generally bound on the most favorable rate, and consideration by the FDIC would result ‘‘unnecessary’’ because they would not prevents the other rates from being in an adjusted schedule exceeding the 5 generate additional information that is adjusted by the full 5 basis points. basis-point maximum, then the Board relevant to the rate-setting process. The would initiate a notice-and-comment institutions already provide part of the 2. Procedure rulemaking proceeding. needed information in their quarterly The proposed regulation would alter As discussed in more detail in the reports of condition. The remainder of the formal mechanism by which the preamble to the final rule in which the the needed information is data that the Board would make an adjustment to the FDIC established the adjustment FDIC generates internally: e.g., the base assessment schedules. procedure for BIF rates, the FDIC fully current balance and expected operating The current regulation calls for the recognizes and understands the concern expenses of each fund, and each fund’s Board to adopt the semiannual for the possibility of assessment rate case resolution expenditures and assessment schedule and any increases without the benefit of full income. adjustment thereto by means of a notice-and-comment rulemaking. See 60 Finally, notice-and-comment resolution, a procedure that does not FR 42680, 42739–42740 (Aug. 16, 1995). rulemaking procedures are also require public notice or comment. 12 Nevertheless, for the reasons given generally ‘‘impracticable’’ and ‘‘contrary CFR 327.9(b)(3). Under the proposed below, the FDIC considers that notice to the public interest’’ in this context rule, the Board would adopt the new and public participation with respect to because they are not compatible with assessment schedule pursuant to a an adjustment would generally be the need to make frequent small rulemaking proceeding, but still without ‘‘impracticable, unnecessary, or contrary adjustments to the assessment rates in public notice and comment. The Board to the public interest’’ within the order to maintain the funds’ reserve would present each current assessment meaning of 5 U.S.C. 553(b). ratios at the DRR. The FDIC must use schedule in an appendix to part 327. Furthermore, the FDIC considers that for data that is as current as possible to Consistent with the current rule, the the same reasons it has ‘‘good cause’’ generate an assessment schedule that proposed rule would provide that an within the meaning of id. 553(d) to complies with the statutory standards. adjustment to the base assessment make any such rule effective Notice-and-comment rulemaking schedule could not be applied only to immediately, and not after a 30-day procedures entail considerable delay. selected risk classifications, but rather delay. Such delay could force the FDIC to use would be applied to each cell in the Section 7(b)(2)(A)(i) of the FDI Act out-of-date information to compute the schedule uniformly. The differences declares that the FDIC ‘‘shall set rates amount of revenue needed and to between the respective cells in the rate when necessary, and only to the extent produce an appropriate assessment schedule would therefore remain necessary’’ to maintain each fund’s schedule. Using out-of-date information constant. Similarly, adjustments would reserve ratio at the DRR, or to raise a could cause the FDIC to set rates for a neither expand nor contract the spread fund’s reserve ratio to that level fund that were higher or lower than between the lowest- and highest-risk (although the Board may set higher rates necessary to achieve the fund’s target classifications. for institutions that exhibit weakness or DRR. 53874 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules

For these reasons, the FDIC is will be based on an institution’s capital particular applicability relating to proposing that any adjustment to the as of December 30, 1996, and therefore rates.’’ Id. 601(2). The FDIC considers base assessment schedule would be would reflect payment of the special that the proposed rule is governed by adopted as a final rule without notice assessment. Given the extraordinary this exclusion. and public procedure thereon. Any such nature of the special assessment, the In addition, the legislative history of final rule would be adopted at least 15 FDIC is seeking comment on whether, the RFA indicates that its requirements days before the invoice date for the first for purposes of assigning an institution’s are inappropriate to this proceeding. payment of a semiannual period (and 45 risk classification under the risk-based The RFA focuses on the ‘‘impact’’ that days before the collection date for that assessment system for the second a rule will have on small entities. The payment). The adjusted assessment semiannual period of calendar year legislative history shows that the schedule would be published in the 1997 only, the FDIC should calculate ‘‘impact’’ at issue is a differential Federal Register as an appendix to the institution’s capital as if the special impact—that is, an impact that places a subpart A of part 327. assessment had not been paid, while disproportionate burden on small taking into account other capital businesses: F. Effective Date fluctuations. Uniform regulations applicable to all The FDIC proposes that the rule, if II. Request for Public Comment entities without regard to size or capability adopted in final form, would become of compliance have often had a effective immediately upon adoption. The FDIC is hereby requesting disproportionate adverse effect on small The FDIC considers that an immediate comment on all aspects of the proposed concerns. The bill, therefore, is designed to effective date would be both necessary rule. The FDIC is particularly interested encourage agencies to tailor their rules to the and appropriate because the FDIC must in receiving comments on whether it is size and nature of those to be regulated issue invoices reflecting the new lower appropriate to lower SAIF assessment whenever this is consistent with the underlying statute authorizing the rule. rates, in order that institutions may rates from a range of 23 to 31 basis know the amounts they are to pay for points to a range of 4 to 31 basis points, 126 Cong. Rec. 21453 (1980) the first quarter of 1997. By making the and then through application of the (‘‘Description of Major Issues and rule effective immediately, the FDIC can adjustment factor, to further reduce the Section-by-Section Analysis of issue the invoices as promptly as SAIF assessment rates to a range of 0 to Substitute for S. 299’’). possible. 27 basis points; whether the proposed The proposed rule would not impose spread of 27 basis points from the a uniform cost or requirement on all G. Technical Adjustments lowest to the highest assessment rates is institutions regardless of size. Rather, it The proposed rule would update, appropriate; whether the 5-basis point would impose an assessment that is clarify, and correct various references in adjustment factor should be extended to directly proportional to each part 327. For example, § 327.4(a) refers SAIF members; whether it is institution’s size. Nor would the to § 327.9(a) and to § 327.9(c); the appropriate to establish an interim proposed rule cause an affected proposed rule would replace the schedule for SAIF-member savings institution to incur any ancillary costs references with a single reference to associations from October 1, 1996, of compliance (such as the need to § 327.9. Section 327.4(c) speaks of through December 31, 1996; and develop new recordkeeping or reporting institutions for which either the FDIC or whether the proposed rate-spread systems, to seek out the expertise of the Resolution Trust Corporation (RTC) therein is appropriate. The FDIC also specialized accountants, lawyers, or has been appointed conservator; the seeks particular comment on its managers) that might cause proposed rule would eliminate the proposed revision to the procedure for disproportionate harm to small entities. reference to the RTC, and would speak adjusting the base assessment schedules As a result, the purposes and objectives instead of institutions for which the of the funds. Finally, the FDIC seeks of the RFA are not affected, and an FDIC either has been appointed or comment on the propriety and initial regulatory flexibility analysis is serves as conservator. The proposed rule advisability of determining an not required. would remove the definitions for institution’s risk classification under the V. Riegle Community Development and ‘‘adjustment factor’’ and ‘‘assessment risk-based assessment system, the Regulatory Improvement Act schedule,’’ which are found in second semiannual period of calendar Section 302(b) of the Riegle § 327.8(i), on the ground they are not year 1997 only, based on a calculation Community Development and needed. Finally, the proposed rule of the institution’s capital as if the Regulatory Improvement Act of 1994 would delete certain obsolete provisions special assessment had not been paid, requires that, as a general rule, new and relating to the BIF after the BIF achieved while taking into account other capital amended regulations that impose its DRR. fluctuations. additional reporting, disclosure, or other H. Capital Calculation for Risk-Based III. Paperwork Reduction Act new requirements on insured depository Assessment Purposes No collections of information institutions shall take effect on the first The FDIC recognizes that payment of pursuant to section 3504(h) of the day of a calendar quarter. See 12 U.S.C. the special assessment could negatively Paperwork Reduction Act of 1980 (44 4802(b). This restriction is inapplicable impact the capital ratings of some U.S.C. 3501 et seq.) are contained in this because the final rule would not impose institutions, affecting their risk proposed rule. Consequently, no such additional or new requirements. classification under the risk-based information has been submitted to the List of Subjects in 12 CFR Part 327 assessment system. The risk Office of Management and Budget Assessments, Bank deposit insurance, classification for the first semiannual (OMB) for review. assessment period of 1997 will be based Banks, banking, Financing Corporation, on an institution’s capital as of June 30, IV. Regulatory Flexibility Analysis Savings associations. 1996, and would be unaffected by The Regulatory Flexibility Act (RFA), For the reasons set forth in the payment of the special assessment. But 5 U.S.C. 601 et seq., does not apply to preamble, the Board of Directors of the the risk classification for the second the proposed rule. The RFA’s definition Federal Deposit Insurance Corporation semiannual assessment period of 1997 of the term ‘‘rule’’ excludes ‘‘a rule of proposes to amend part 327 of title 12 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules 53875 of the Code of Federal Regulations as subpart B of this part, and except as assessment rate that is mathematically follows: provided in paragraph (c) of this less than zero or in a rate schedule for section, the base annual assessment rate an insurance fund that, at any time, is PART 327ÐASSESSMENTS for an insured depository institution more than 5 basis points above or below 1–2. The authority citation for part shall be the rate prescribed in the the base assessment schedule for that 327 continues to read as follows: appropriate base assessment schedule fund, nor may any one such adjustment set forth in paragraph (a)(2) of this constitute an increase or decrease of Authority: 12 U.S.C. 1441, 1441b, 1813, section applicable to the assessment risk more than 5 basis points. The 1815, 1817–1819; Deposit Insurance Funds Act of 1996, Pub. L. 104–208, 110 Stat. 3009 classification assigned by the adjustment for any semiannual period et seq. Corporation under § 327.4(a) to that for a fund shall be determined by: institution. Each base assessment (i) The amount of assessment revenue 3. Section 327.3 is amended by schedule utilizes the group and necessary to maintain the reserve ratio revising the first sentence of paragraph subgroup designations specified in at the designated reserve ratio; and (c)(1) to read as follows: § 327.4(a). (ii) The assessment schedule that § 327.3 Payment of semiannual (2) Assessment schedules—(i) BIF would generate the amount of revenue assessments. members. The following base in paragraph (b)(1)(i) of this section considering the risk profile of the * * * * * assessment schedule applies with (c) First-quarterly payment—(1) respect to assessments paid to the BIF institutions required to pay assessments Invoice. Unless the Board determines by BIF members and by other to the fund. (2) Amount of revenue. In that special and exigent circumstances institutions that are required to make require a shorter period with respect to payments to the BIF pursuant to subpart determining the amount of assessment the invoice for the first quarterly B of this part: revenue in paragraph (b)(1)(i) of this payment for the first semiannual period section, the Board shall take into of 1997, no later than 30 days prior to BIF BASE ASSESSMENT SCHEDULE consideration the following: (i) Expected operating expenses of the the payment date specified in paragraph Supervisory subgroup insurance fund; (c)(2) of this section, the Corporation Capital group (ii) Case resolution expenditures and will provide to each insured depository ABC income of the insurance fund; institution an invoice showing the (iii) The effect of assessments on the 1 ...... 4 7 21 amount of the assessment payment due earnings and capital of the institutions from the institution for the first quarter 2 ...... 7 14 28 3 ...... 14 28 31 paying assessments to the insurance of the upcoming semiannual period, and fund; and the computation of that amount. * ** (ii) SAIF members. Except as provided (iv) Any other factors the Board may * * * * * in paragraph (c) of this section, the deem appropriate. 4. Section 327.4 is amended by following base assessment schedule (3) Adjustment procedure. Any revising the first sentence of paragraph applies with respect to assessments paid adjustment adopted by the Board (a) introductory text and paragraph (c) to the SAIF by SAIF members and by pursuant to this paragraph (b) will be to read as follows: other institutions that are required to adopted by rulemaking. Nevertheless, § 327.4 Annual assessment rate. make payments to the SAIF pursuant to because the Corporation is required by statute to set assessment rates as (a) Assessment risk classification. For subpart B of this part: necessary (and only to the extent the purpose of determining the annual necessary) to maintain or attain the assessment rate for insured depository SAIF BASE ASSESSMENT SCHEDULE designated reserve ratio, and because institutions under § 327.9, each insured the Corporation must do so in the face depository institution will be assigned Supervisory subgroup Capital group of constantly changing conditions, and an ‘‘assessment risk classification’’. ABC *** because the purpose of the adjustment 1 ...... 4 7 21 procedure is to permit the Corporation * * * * * to act expeditiously and frequently to (c) Classification for certain types of 2 ...... 7 14 28 maintain or attain the designated institutions. The annual assessment rate 3 ...... 14 28 31 reserve ratio in an environment of applicable to institutions that are bridge (b) Rate adjustments; procedures—(1) constant change, but within set banks under 12 U.S.C. 1821(n) and to Semiannual adjustment. The Board may parameters not exceeding 5 basis points, institutions for which the Corporation increase or decrease the BIF Base without the delays associated with full has been appointed or serves as Assessment Schedule set forth in notice-and-comment rulemaking, the conservator shall in all cases be the rate paragraph (a)(2)(i) of this section or the Corporation has determined that it is applicable to the classification SAIF Base Assessment Schedule set ordinarily impracticable, unnecessary designated as ‘‘2A’’ in the appropriate forth in paragraph (a)(2)(ii) of this and not in the public interest to follow assessment schedule prescribed section up to a maximum increase of 5 the procedure for notice and public pursuant to § 327.9. basis points or a fraction thereof or a comment in such a rulemaking, and that * * * * * maximum decrease of 5 basis points or accordingly notice and public procedure § 327.8 [Amended] a fraction thereof (after aggregating thereon are not required as provided in 5. Section 327.8 is amended by increases and decreases), as the Board 5 U.S.C. 553(b). For the same reasons, removing paragraph (i). deems necessary to maintain the reserve the Corporation has determined that the 6. Section 327.9 is revised to read as ratio of an insurance fund at the requirement of a 30-day delayed follows: designated reserve ratio for that fund. effective date is not required under 5 Any such adjustment shall apply U.S.C. 553(d). Any adjustment adopted § 327.9 Assessment schedules. uniformly to each rate in the base by the Board pursuant to a rulemaking (a) Base assessment schedules—(1) In assessment schedule. In no case may specified in this paragraph (b) will be general. Subject to § 327.4(c) and such adjustments result in an reflected in an adjusted assessment 53876 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules schedule set forth in appendix A to this Assessment Schedule by reducing the ACTION: Notice of proposed rulemaking. subpart A. rates therein by 4 basis points. The (4) Announcement. The Board shall following adjusted assessment schedule SUMMARY: This action revises Class E announce the semiannual assessment applies to BIF members for the second airspace at Savoonga, AK. The schedule and the amount and basis for semiannual period of 1996 and for development of a Global Positioning any adjustment thereto not later than 15 subsequent semiannual periods: System (GPS) instrument approach to days before the invoice date specified in RWY 5 has made this action necessary. § 327.3(c) for the first quarter of the BIF ADJUSTED ASSESSMENT The area would be depicted on semiannual period for which the SCHEDULE aeronautical charts for pilot reference. adjustment shall be effective. The intended effect of this proposal is (c) Special provisions—(1) Interim Supervisory subgroup to provide adequate controlled airspace assessment schedule for SAIF-member Capital group for Instrument Flight Rules (IFR) savings associations. From October 1, ABC operations at Savoonga, AK. 1996, through December 31, 1996, 1 ...... 0 3 17 DATES: Comments must be received on savings associations that are members of 2 ...... 3 10 24 or before November 29, 1996. the SAIF shall pay assessments 3 ...... 10 24 27 ADDRESSES: Send comments on the according to the schedule in effect for proposal in triplicate to: Manager, such institutions on September 30, (b) SAIF members. The Board has System Management Branch, AAL–530, 1996, except that each rate in the determined to adjust the SAIF Base Docket No. 96–AAL–23, Federal schedule shall be reduced by 5 basis Assessment Schedule by reducing the Aviation Administration, 222 West 7th points (0.50 percent). No rate prescribed rates therein by 4 basis points, and has Avenue, Box 14, Anchorage, AK 99513– under this paragraph (c) shall be applied determined to present the adjusted rates 7587. for the purpose of § 327.32(a)(2)(i). in the following schedule. The Board The official docket may be examined (2) Refunds or credits of certain has further determined to present the in the Office of the Assistant Chief assessments. If the amount paid by an interim rates prescribed by § 327.9(c) in Counsel for the Alaskan Region at the institution for the regular semiannual the same schedule. Accordingly, the same address. assessment for the second semiannual following schedule sets forth in large An informal docket may also be period of 1996 exceeds, as a result of the type the adjusted rate schedule that examined during normal business hours reduction in the rate schedule for a applies to SAIF members generally on in the Office of the Manager, System portion of that semiannual period, the and after October 1, 1996, and also sets Management Branch, Air Traffic amount due from the institution for that forth in small type the rates that apply Division, at the address shown above. semiannual period, the Corporation will to SAIF members that are savings FOR FURTHER INFORMATION CONTACT: refund or credit any such excess associations pursuant to § 327.9(c) from Robert van Haastert, System payment and will provide interest on October 1, 1996, through December 31, Management Branch, AAL–538, Federal the excess payment in accordance with 1996: Aviation Administration, 222 West 7th the provisions of § 327.7. Avenue, Box 14, Anchorage, AK 99513– Notwithstanding § 327.7(a)(3)(ii), such SAIF ADJUSTED ASSESSMENT 7587; telephone number (907) 271– interest will accrue beginning on the SCHEDULE 5863. date as of which the reserve ratio of the Savings Association Insurance Fund has Supervisory subgroup SUPPLEMENTARY INFORMATION: reached the designated reserve ratio. Capital group Comments Invited ABC 7. A new § 327.10 is added to subpart Interested parties are invited to A to read as follows: 1 ...... 0/18 3/21 17/24 participate in this proposed rulemaking 2 ...... 3/ 10/ 24/ § 327.10 Interpretive rule: section 21 24 25 by submitting such written data, views, 3 ...... 10/ 24/ 27/ 7(b)(2)(A)(v). 24 25 27 or arguments as they may desire. Comments that provide the factual basis This interpretive rule explains certain By order of the Board of Directors. phrases used in section 7(b)(2)(A)(v) of supporting the views and suggestions Dated at Washington, D.C., this 8th day of presented are particularly helpful in the Federal Deposit Insurance Act, 12 October 1996. U.S.C. 1817(b)(2)(A)(v). Federal Deposit Insurance Corporation. developing reasoned regulatory (a) An institution classified in Jerry L. Langley, decisions on the proposal. Comments are specifically invited on the overall supervisory subgroup B or C pursuant to Executive Secretary. § 327.4(a)(2) exhibits ‘‘financial, regulatory, aeronautical, economic, [FR Doc. 96–26506 Filed 10–11–96; 10:23 environmental, and energy-related operational, or compliance weaknesses am] aspects of the proposal. ranging from moderately severe to BILLING CODE 6714±01±P unsatisfactory’’ within the meaning of Communications should identify the such section 7(b)(2)(A)(v). airspace docket number and be submitted in triplicate to the address (b) An institution classified in capital DEPARTMENT OF TRANSPORTATION group 2 or 3 pursuant to § 327.4(a)(1) is listed above. Commenters wishing the —not well capitalized— within the Federal Aviation Administration FAA to acknowledge receipt of their meaning of such section 7(b)(2)(A)(v). comments on this notice must submit 8. Subpart A of part 327 is amended 14 CFR Part 71 with those comments a self-addressed, by adding appendix A to read as stamped postcard on which the [Airspace Docket No. 96±AAL±23] follows: following statement is made: ‘‘Comments to Airspace Docket No. 96– Appendix A to Subpart A of Part 327— Proposed Revision of Class E Airspace; Savoonga, AK AAL–23.’’ The postcard will be date/ Adjusted Assessment Schedules time stamped and returned to the (a) BIF members. The Board has AGENCY: Federal Aviation commenter. All communications determined to adjust the BIF Base Administration (FAA), DOT. received on or before the specified Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules 53877 closing date for comments will be substantial number of small entities Issued in Anchorage, AK, on October 7, considered before taking action on the under the criteria of the Regulatory 1996. proposed rule. The proposal contained Flexibility Act. Willis C. Nelson, in this notice may be changed in light Manager, Air Traffic Division, Alaskan of comments received. All comments List of Subjects in 14 CFR Part 71 Region. submitted will be available for Airspace, Incorporation by reference, [FR Doc. 96–26467 Filed 10–15–96; 8:45 am] examination in the System Management Navigation (air). BILLING CODE 4910±13±P Branch, Air Traffic Division, Federal Aviation Administration, 222 West 7th The Proposed Amendment Avenue, Box 14, Anchorage, AK, both 14 CFR Part 71 before and after the closing date for In consideration of the foregoing, the [Airspace Docket No. 96±AAL±24] comments. A report summarizing each Federal Aviation Administration substantive public contact with FAA proposes to amend 14 CFR part 71 as Proposed Establishment of Class E personnel concerned with this follows: Airspace; Klawock, AK rulemaking will be filed in the docket. PART 71Ð[AMENDED] AGENCY: Federal Aviation Availability of NPRM’s Administration (FAA), DOT. Any person may obtain a copy of this 1. The authority citation for 14 CFR ACTION: Notice of proposed rulemaking. Notice of Proposed Rulemaking (NPRM) Part 71 continues to read as follows: SUMMARY: This action establishes Class by submitting a request to the System Authority: 49 U.S.C. 40103, 40113, 40120; E airspace at Klawock, AK. The Management Branch, AAL–530, Federal E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 development of Global Positioning Aviation Administration, 222 West 7th Comp., p. 389; 49 U.S.C. 106(g); 14 CFR System (GPS) and non-directional Avenue, Box 14, Anchorage, AK 99513– 11.69. 7587. Communications must identify beacon (NDB) instrument approaches to the notice number of this NPRM. § 71.1 [Amended] RWY 1 has made this action necessary. Persons interested in being placed on a This action will change the airport mailing list for future NPRM’s should 2. The incorporation by reference in status from Visual Flight Rules (VFR) to also request a copy of Advisory Circular 14 CFR 71.1 of Federal Aviation Instrument Flight Rules (IFR). The area No. 11–2A which describes the Administration Order 7400.9D, Airspace would be depicted on aeronautical application procedure. Designations and Reporting Points, charts for pilot reference. The intended dated September 4, 1995, and effective effect of this proposal is to provide The Proposal September 16, 1996, is amended as adequate controlled airspace for IFR The FAA is considering an follows: operations at Klawock, AK. amendment to part 71 of the Federal * * * * * DATES: Comments must be received on Aviation Regulations (14 CFR part 71) to or before November 29, 1996. revise the Class E airspace for GPS Paragraph 6005 Class E airspace extending ADDRESSES: instrument approach procedures for upward from 700 feet or more above the Send comments on the RWY 5 at Savoonga, AK. The surface of the earth. proposal in triplicate to: Manager, System Management Branch, AAL–530, coordinates for this airspace docket are * * * * * based on North American Datum 83. Docket No. 96–AAL–24, Federal The Class E airspace areas designated as AAL AK E5 Savoonga, AK Aviation Administration, 222 West 7th 700/1200 foot transition areas are Savoonga Airport, AK Avenue, Box 14, Anchorage, AK 99513– published in paragraph 6005 of FAA (Lat. 63°41′11′′ N, long. 170°29′ 33′′ W) 7587. The official docket may be examined Order 7400.9D, dated September 4, Kukuliak VOR/DME in the Office of the Assistant Chief 1995, and effective September 16, 1996, (Lat. 63°41′32′′ N, long. 170°28′12′′ W) Counsel for the Alaskan Region at the which is incorporated by reference in 14 Gambell NDB/DME ° ′ ′′ ° ′ ′′ same address. CFR 71.1 (58 FR 36298; July 6, 1993). (Lat 63 46 55 N, long. 171 44 12 W) An informal docket may also be The Class E airspace designation listed That airspace extending upward from 700 examined during normal business hours in this document would be published feet above the surface within a 6.4-mile in the Office of the Manager, System subsequently in the Order. radius of the Savoonga Airport and within 3 The FAA has determined that these miles each side of the 059° radial of the Management Branch, Air Traffic proposed regulations only involve an Kululiak VOR/DME extending from the 6.4- Division, at the address shown above. established body of technical mile radius to 14.3 miles from the airport; FOR FURTHER INFORMATION CONTACT: regulations for which frequent and and that airspace extending upward from Robert van Haastert, System routine amendments are necessary to 1,200 feet above the surface within 15 miles Management Branch, AAL–538, Federal keep them operationally current. It, of the airport extending clockwise from the Aviation Administration, 222 West 7th therefore —(1) is not a ‘‘significant Kukuliak VOR/DME 298° radial to the 023° Avenue, Box 14, Anchorage, AK 99513– regulatory action’’ under Executive radial of the VOR/DME, and within 20 miles 7587; telephone number (907) 271– Order 12866; (2) is not a ‘‘significant of the airport extending clockwise from the 5863. Kukuliak VOR/DME 023° radial to the 059° rule’’ under DOT Regulatory Policies SUPPLEMENTARY INFORMATION: and Procedures (44 FR 11034; February radial of the VOR/DME, and 4 miles each ° 26, 1979); and (3) does not warrant side of the 110 bearing from the Gambell Comments Invited preparation of a regulatory evaluation as NDB/DME extending from the NDB/DME to Interested parties are invited to the anticipated impact is so minimal. 12 miles southeast of the Gambell NDB/DME, participate in this proposed rulemaking Since this is a routine matter that will and 4 miles north and 6 miles south of the by submitting such written data, views, ° only affect air traffic procedures and air 110 bearing from the Gambell NDB/DME or arguments as they may desire. navigation, it is certified that this rule, extending from the NDB/DME to 12 miles Comments that provide the factual basis when promulgated, will not have a southeast of the Gambell NDB/DME. supporting the views and suggestions significant economic impact on a * * * * * presented are particularly helpful in 53878 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules developing reasoned regulatory in this document would be published southeast of the 219° bearing from the airport decisions on the proposal. Comments subsequently in the Order. extending from the airport to 25 miles are specifically invited on the overall The FAA has determined that these southwest of the airport. regulatory, aeronautical, economic, proposed regulations only involve an * * * * * environmental, and energy-related established body of technical Issued in Anchorage, AK, on October 7, aspects of the proposal. regulations for which frequent and 1996. Communications should identify the routine amendments are necessary to Willis C. Nelson, airspace docket number and be keep them operationally current. It, Manager, Air Traffic Division, Alaskan submitted in triplicate to the address therefore—(1) is not a ‘‘significant Region. listed above. Commenters wishing the regulatory action’’ under Executive [FR Doc. 96–26466 Filed 10–15–96; 8:45 am] FAA to acknowledge receipt of their Order 12866; (2) is not a ‘‘significant BILLING CODE 4910±13±P comments on this notice must submit rule’’ under DOT Regulatory Policies with those comments a self-addressed, and Procedures (44 FR 11034; February stamped postcard on which the 26, 1979); and (3) does not warrant 14 CFR Part 71 following statement is made: preparation of a regulatory evaluation as [Airspace Docket No. 96±AAL±25] ‘‘Comments to Airspace Docket No. 96– the anticipated impact is so minimal. AAL–24.’’ The postcard will be date/ Since this is a routine matter that will Proposed Establishment of Class E time stamped and returned to the only affect air traffic procedures and air Airspace; Point Lay Long Range Radar commenter. All communications navigation, it is certified that this rule, Site (LRRS), AK received on or before the specified when promulgated, will not have a closing date for comments will be significant economic impact on a AGENCY: Federal Aviation considered before taking action on the substantial number of small entities Administration (FAA), DOT. proposed rule. The proposal contained under the criteria of the Regulatory ACTION: Notice of proposed rulemaking. in this notice may be changed in light Flexibility Act. of comments received. All comments SUMMARY: This action establishes Class submitted will be available for List of Subjects in 14 CFR Part 71 E airspace at Point Lay LRRS, AK. The examination in the System Management Airspace, Incorporation by reference, development of Global Positioning Branch, Air Traffic Division, Federal Navigation (air). System (GPS) and non-directional Aviation Administration, 222 West 7th beacon (NDB) instrument approaches to Avenue, Box 14, Anchorage, AK, both The Proposed Amendment RWY 5 has made this action necessary. before and after the closing date for In consideration of the foregoing, the This action will change the airport comments. A report summarizing each Federal Aviation Administration status from Visual Flight Rules (VFR) to substantive public contact with FAA proposes to amend 14 CFR part 71 as Instrument Flight Rules (IFR). The area personnel concerned with this follows: would be depicted on aeronautical rulemaking will be filed in the docket. charts for pilot reference. The intended PART 71Ð[AMENDED] effect of this proposal is to provide Availability of NPRM’s adequate controlled airspace for IFR Any person may obtain a copy of this 1. The authority citation for 14 CFR operations at Point Lay LRRS, AK. Part 71 continues to read as follows: Notice of Proposed Rulemaking (NPRM) DATES: Comments must be received on by submitting a request to the System Authority: 49 U.S.C. 40103, 40113, 40120; or before November 29, 1996. E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Management Branch, AAL–530, Federal ADDRESSES: Send comments on the Aviation Administration, 222 West 7th Comp., p. 389; 49 U.S.C. 106(g); 14 CFR 11.69. proposal in triplicate to: Manager, Avenue, Box 14, Anchorage, AK 99513– System Management Branch, AAL–530, 7587. Communications must identify § 71.1 [Amended] Docket No. 96–AAL–25, Federal the notice number of this NPRM. 2. The incorporation by reference in Aviation Administration, 222 West 7th Persons interested in being placed on a 14 CFR 71.1 of Federal Aviation Avenue, Box 14, Anchorage, AK 99513– mailing list for future NPRM’s should Administration Order 7400.9D, Airspace 7587. also request a copy of Advisory Circular Designations and Reporting Points, The official docket may be examined No. 11–2A which describes the dated September 4, 1995, and effective in the Office of the Assistant Chief application procedure. September 16, 1996, is amended as Counsel for the Alaskan Region at the The Proposal follows: same address. The FAA is considering an * * * * * An informal docket may also be examined during normal business hours amendment to part 71 of the Federal Paragraph 6005 Class E airspace extending Aviation Regulations (14 CFR part 71) to in the Office of the Manager, System upward from 700 feet or more above the Management Branch, Air Traffic establish Class E airspace for GPS and surface of the earth. Division, at the address shown above. NDB instrument approach procedures at * * * * * Klawock, AK. The status of Klawock FOR FURTHER INFORMATION CONTACT: Airport will change from VFR to IFR. AAL AK E5—Klawock, AK [New] Robert van Haastert, System The coordinates for this airspace docket Klawock Airport, AK Management Branch, AAL–538, Federal ° ′ ′′ ° ′ ′′ are based on North American Datum 83. (Lat. 55 34 45 N, long. 133 04 36 W) Aviation Administration, 222 West 7th The Class E airspace areas designated as That airspace extending upward from 700 Avenue, Box 14, Anchorage, AK 99513– 700/1200 foot transition areas are feet above the surface within a 6.5-mile 7587; telephone number (907) 271– published in paragraph 6005 of FAA radius of the Klawock Airport; and that 5863. airspace extending upward from the 1,200 Order 7400.9D, dated September 4, feet above the surface within 6.5 miles SUPPLEMENTARY INFORMATION: 1995, and effective September 16, 1996, ° northwest and 8 miles southeast of the 039 Comments Invited which is incorporated by reference in 14 bearing from the airport extending from the CFR 71.1 (58 FR 36298; July 6, 1993). airport to 6.5 miles northeast of the airport Interested parties are invited to The Class E airspace designation listed and within 6.5 miles northwest and 8 miles participate in this proposed rulemaking Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules 53879 by submitting such written data, views, FAA Order 7400.9D, dated September 4, That airspace extending upward from 700 or arguments as they may desire. 1995, and effective September 16, 1996, feet above the surface within a 6.5-mile Comments that provide the factual basis which is incorporated by reference in 14 radius of the Point Lay LRRS Airport; and supporting the views and suggestions CFR 71.1 (58 FR 36298; July 6, 1993). that airspace extending upward from the presented are particularly helpful in 1,200 feet above the surface within 5 miles The Class E airspace designation listed north and 6 miles south of the 248° bearing developing reasoned regulatory in this document would be published from the Point Lay NDB extending from the decisions on the proposal. Comments subsequently in the Order. 6.5-mile radius to 17 miles southwest, and 4 are specifically invited on the overall The FAA has determined that these miles either side of a line from Point Lay regulatory, aeronautical, economic, proposed regulations only involve an NDB to YAZGA Waypoint. environmental, and energy-related established body of technical * * * * * aspects of the proposal. regulations for which frequent and Issued in Anchorage, AK, on October 7, Communications should identify the routine amendments are necessary to 1996. airspace docket number and be keep them operationally current. It, Willis C. Nelson, submitted in triplicate to the address therefore: (1) Is not a ‘‘significant Manager, Air Traffic Division, Alaskan listed above. Commenters wishing the regulatory action’’ under Executive Region. FAA to acknowledge receipt of their Order 12866; (2) is not a ‘‘significant [FR Doc. 96–26465 Filed 10–15–96; 8:45 am] comments on this notice must submit rule’’ under DOT Regulatory Policies BILLING CODE 4910±13±P with those comments a self-addressed, and Procedures (44 FR 11034; February stamped postcard on which the 26, 1979); and (3) does not warrant following statement is made: preparation of a regulatory evaluation as 14 CFR Part 71 ‘‘Comments to Airspace Docket No. 96– the anticipated impact is so minimal. AAL–25.’’ The postcard will be date/ Since this is a routine matter that will [Airspace Docket No. 96±AAL±22] time stamped and returned to the only affect air traffic procedures and air commenter. All communications navigation, it is certified that this rule, Proposed Revision of Class E received on or before the specified when promulgated, will not have a Airspace; Ambler, AK closing date for comments will be significant economic impact on a considered before taking action on the substantial number of small entities AGENCY: Federal Aviation proposed rule. The proposal contained under the criteria of the Regulatory Administration (FAA), DOT. in this notice may be changed in light Flexibility Act. of comments received. All comments ACTION: Notice of proposed rulemaking. submitted will be available for List of Subjects in 14 CFR Part 71 examination in the System Management Airspace, Incorporation by reference, SUMMARY: This action revises Class E Branch, Air Traffic Division, Federal Navigation (air). airspace at Ambler, AK. The Aviation Administration, 222 West 7th development of a Global Positioning Avenue, Box 14, Anchorage, AK, both The Proposed Amendment System (GPS) instrument approach to before and after the closing date for In consideration of the foregoing, the RWY 36 has made this action necessary. comments. A report summarizing each Federal Aviation Administration The area would be depicted on substantive public contact with FAA proposes to amend 14 CFR part 71 as aeronautical charts for pilot reference. personnel concerned with this follows: The intended effect of this proposal is rulemaking will be filed in the docket. to provide adequate controlled airspace PART 71Ð[AMENDED] for Instrument Flight Rules (IFR) Availability of NPRM’s 1. The authority citation for 14 CFR operations at Ambler, AK. Any person may obtain a copy of this Part 71 continues to read as follows: DATES: Comments must be received on Notice of Proposed Rulemaking (NPRM) or before November 29, 1996. by submitting a request to the System Authority: 49 U.S.C. 40103, 40113, 40120; Management Branch, AAL–530, Federal E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 ADDRESSES: Send comments on the Comp., p. 389; 49 U.S.C. 106(g); 14 CFR proposal in triplicate to: Manager, Aviation Administration, 222 West 7th 11.69. Avenue, Box 14, Anchorage, AK 99513– System Management Branch, AAL–530, 7587. Communications must identify § 71.1 [Amended] Docket No. 96–AAL–22, Federal the notice number of this NPRM. 2. The incorporation by reference in Aviation Administration, 222 West 7th Persons interested in being placed on a 14 CFR 71.1 of Federal Aviation Avenue, Box 14, Anchorage, AK 99513– mailing list for future NPRM’s should Administration Order 7400.9D, Airspace 7587. also request a copy of Advisory Circular Designations and Reporting Points, The official docket may be examined No. 11–2A which describes the dated September 4, 1995, and effective in the Office of the Assistant Chief application procedure. September 16, 1996, is amended as Counsel for the Alaskan Region at the The Proposal follows: same address. * * * * * The FAA is considering an An informal docket may also be amendment to part 71 of the Federal Paragraph 6005 Class E airspace extending examined during normal business hours Aviation Regulations (14 CFR part 71) to upward from 700 feet or more above the in the Office of the Manager, System establish Class E airspace for GPS and surface of the earth. Management Branch, Air Traffic NDB instrument approach procedures at * * * * * Division, at the address shown above. Point Lay LRRS, AK. The status of Point AAL AK E5 Point Lay LRRS, AK [New] FOR FURTHER INFORMATION CONTACT: Lay LRRS Airport will change from VFR Robert van Haastert, System Point Lay LRRS Airport, AK to IFR. The coordinates for this airspace (Lat. 69° 43′ 43′′ N, long. 163° 01′ 02′′ W) Management Branch, AAL–538, Federal docket are based on North American Point Lay NDB Aviation Administration, 222 West 7th Datum 83. The Class E airspace areas (Lat. 69° 44′ 04′′ N, long. 163° 00′ 49′′ W) Avenue, Box 14, Anchorage, AK 99513– designated as 700/1200 foot transition YAZGA Waypoint 7587; telephone number (907) 271– areas are published in paragraph 6005 of (Lat. 69° 14′ 27′′ N, long. 159° 47′ 56′′ W) 5863. 53880 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules

SUPPLEMENTARY INFORMATION: North American Datum 83. The Class E (Lat. 67°06′22′′ N, long. 157°51′13′′ W) airspace areas designated as 700/1200 Ambler NDB Comments Invited ° ′ ′′ ° ′ ′′ foot transition areas are published in (Lat. 67 06 24 N, long. 157 51 29 W) Interested parties are invited to paragraph 6005 of FAA Order 7400.9D, DESOY (Lat. 66°20′57′′ N, long. 158°54′51′′ W) participate in this proposed rulemaking dated September 7, 1995, and effective by submitting such written data, views, JELLE September 16, 1996, which is (Lat. 66°51′40′′ N, long. 158°55′07′′ W) or arguments as they may desire. incorporated by reference in 14 CFR Comments that provide the factual basis PIKFE 71.1 (58 FR 36298; July 6, 1993). The (Lat. 66°56′52′′ N, long. 158°01′13′′ W) supporting the views and suggestions Class E airspace designation listed in presented are particularly helpful in That airspace extending upward from 700 this document would be published feet above the surface within a 6.3-mile developing reasoned regulatory subsequently in the Order. radius of the Ambler Airport and within 3.5 decisions on the proposal. Comments The FAA has determined that these miles each side of the 193° bearing of the are specifically invited on the overall proposed regulations only involve an Ambler NDB extending from the 6.3-mile regulatory, aeronautical, economic, established body of technical radius to 7.2 miles southwest of the airport; environmental, and energy-related and that airspace extending upward from regulations for which frequent and aspects of the proposal. 1,200 feet above the surface within 4 miles routine amendments are necessary to Communications should identify the west and 8 miles east of the Ambler NDB keep them operationally current. It, ° airspace docket number and be 193 bearing extending from the NDB to 16 therefore—(1) is not a ‘‘significant submitted in triplicate to the address miles southwest of the NDB, and 4 miles regulatory action’’ under Executive either side of a line from DESOY to PIKFE, listed above. Commenters wishing the Order 12866; (2) is not a ‘‘significant and 4 miles either side of a line from JELLE FAA to acknowledge receipt of their rule’’ under DOT Regulatory Policies to PIKFE. comments on this notice must submit and Procedures (44 FR 11034; February * * * * * with those comments a self-addressed, 26, 1979); and (3) does not warrant Issued in Anchorage, AK, on October 7, stamped postcard on which the preparation of a regulatory evaluation as 1996. following statement is made: the anticipated impact is so minimal. Willis C. Nelson, ‘‘Comments to Airspace Docket No. 96– Since this is a routine matter that will Manager, Air Traffic Division, Alaskan AAL–22.’’ The postcard will be date/ only affect air traffic procedures and air Region. time stamped and returned to the navigation, it is certified that this rule, [FR Doc. 96–26460 Filed 10–15–96; 8:45 commenter. All communications when promulgated, will not have a a.m.] received on or before the specified significant economic impact on a BILLING CODE 4910±13±M closing date for comments will be substantial number of small entities considered before taking action on the under the criteria of the Regulatory proposed rule. The proposal contained Flexibility Act. 14 CFR Part 71 in this notice may be changed in light of comments received. All comments List of Subjects in 14 CFR Part 71 [Airspace Docket No. 96±AWP±29] submitted will be available for Airspace, Incorporation by reference, examination in the System Management Proposed Revocation of Class E Navigation (air). Branch, Air Traffic Division, Federal Airspace; Alameda, CA Aviation Administration, 222 West 7th The Proposed Amendment AGENCY: Federal Aviation Avenue, Box 14, Anchorage, AK, both In consideration of the foregoing, the Administration (FAA), DOT before and after the closing date for Federal Aviation Administration ACTION: Notice of proposed rulemaking. comments. A report summarizing each proposes to amend 14 CFR part 71 as substantive public contact with FAA follows: SUMMARY: This notice proposes to personnel concerned with this revoke the Class E airspace area at rulemaking will be filed in the docket. PART 71Ð[AMENDED] Alameda, CA. The base closure of Availability of NPRM’s Alameda Naval Air Station (NAS) has 1. The authority citation for 14 CFR made this action necessary. The Any person may obtain a copy of this Part 71 continues to read as follows: intended effect of this action is to Notice of Proposed Rulemaking (NPRM) Authority: 49 U.S.C. 40103, 40113, 40120; revoke controlled airspace since the by submitting a request to the System E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 purpose and requirements for the Management Branch, AAL–530, Federal Comp., p. 389; 49 U.S.C. 106(g); 14 CFR surface area no longer exist at Alameda Aviation Administration, 222 West 7th 11.69. NAS (Nimitz Field), CA. Avenue, Box 14, Anchorage, AK 99513– 7587. Communications must identify § 71.1 [Amended] DATES: Comments must be received on or before November 13, 1996. the notice number of this NPRM. 2. The incorporation by reference in Persons interested in being placed on a 14 CFR 71.1 of Federal Aviation ADDRESSES: Send comments on the mailing list for future NPRM’s should Administration Order 7400.9C, Airspace proposal in triplicate to: Federal also request a copy of Advisory Circular Designations and Reporting Points, Aviation Administration, Attn: No. 11–2A which describes the dated August 17, 1995, and effective Manager, Operations Branch, AWP–530, application procedure. September 16, 1995, is amended as Docket No. 96–AWP–29, Air Traffic follows: Division, P.O. Box 92007, Worldway The Proposal Postal Center, Los Angeles, California * * * * * The FAA is considering an Paragraph 6005 Class E airspace extending 90009. amendment to part 71 of the Federal upward from 700 feet or more above the The official docket may be examined Aviation Regulations (14 CFR part 71) to surface of the earth. in the Office of the Assistant Chief revise the Class E airspace for GPS * * * * * Counsel, Western Pacific Region, instrument approach procedures for Federal Aviation Administration, Room RWY 36 at Ambler, AK. The coordinates AAL AK E5 Ambler, AK 6007, 15000 Aviation Boulevard, for this airspace docket are based on Ambler, Airport, AK Lawndale, California 90261. Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules 53881

An informal docket may also be mailing list for future NPRM’s should Administration Order 7400.9D, Airspace examined during normal business at the also request a copy of Advisory Circular Designations and Reporting Points, Office of the Manager, Operations No. 11–2A, which describes the dated September 4, 1996, and effective Branch, Air Traffic Division at the above application procedures. September 16, 1996, is amended as address. The Proposal follows: FOR FURTHER INFORMATION CONTACT: Paragraph 6002 Class E airspace. William Buck, Airspace Specialist, The FAA is considering an * * * * * Operations Branch, AWP–530, Air amendment to part 71 of the Federal Traffic Division, Western-Pacific Aviation Regulations (14 CFR part 71) AWP CA E2—Alameda NAS, CA [Removed] revoking the Class E airspace area at Region, Federal Aviation * * * * * Administration, 15000 Aviation Alameda, CA. The base closure of Issued in Los Angeles, California, on Boulevard, Lawndale, California 90261, Alameda Naval Air Station (NAS) has October 3, 1996. telephone (310) 725–6556. made this action necessary. The George D. Williams, intended effect of this action is to Manager, Air Traffic Division, Western-Pacific SUPPLEMENTARY INFORMATION: revoke controlled airspace since the Region. Comments Invited purpose and requirements for the surface area no longer exist at Alameda [FR Doc. 96–26459 Filed 10–15–96; 8:45 am] Interested parties are invited to NAS (Nimitz Field), CA. Class E BILLING CODE 4910±13±M participate in this proposed rulemaking airspace designations are published in by submitting such written data, views, paragraph 6002 of FAA Order 7400.9D 14 CFR Part 71 or arguments as they may desire. dated September 4, 1996, and effective Comments that provide the factual basis September 16, 1996, which is [Airspace Docket No. 96±AAL±16] supporting the views and suggestions incorporated by reference in 14 CFR presented are particularly helpful in 71.1. The Class E airspace designations Proposed Revision of Class E developing reasoned regulatory listed in this document would be Airspace; Dillingham, AK decisions on the proposal. Comments removed subsequently in this Order. AGENCY: are specifically invited on the overall Federal Aviation The FAA has determined that this Administration (FAA), DOT. regulatory, aeronautical, economic, proposed regulation only involves an ACTION: Notice of proposed rulemaking. environmental, and energy-related established body of technical aspects of the proposal. regulations for which frequent and SUMMARY: This action revises the Class Communications should identify the routine amendments are necessary to E airspace at Dillingham, AK. The airspace docket number and be keep them operationally current. development of Microwave Landing submitted in triplicate to the address Therefore, this proposed regulation—(1) System (MLS) and Global Positioning listed above. Commenters wishing the is not a ‘‘significant regulatory action’’ System (GPS) instrument approaches to FAA to acknowledge receipt of their under Executive Order 12866; (2) is not runway (RWY) 1 and RWY 19 at comments on this notice must submit a ‘‘significant rule’’ under DOT Dillingham Airport, AK, have made this with the comments a self-addressed, Regulatory Policies and Procedures (44 action necessary. The areas would be stamped postcard on which the FR 10034; February 26, 1979); and (3) depicted on aeronautical charts for pilot following statement is made: does not warrant preparation of a reference. The intended effect of this ‘‘Comments to Airspace Docket No. 96– Regulatory Evaluation as the anticipated proposal is to provide adequate AWP–29.’’ The postcard will be date/ impact is so minimal. Since this is a controlled airspace for Instrument Flight time stamped and returned to the routine matter that will only affect air Rules (IFR) operations at Dillingham, commenter. All communications traffic procedures and air navigation, it AK. received on or before the specified is certified that this proposed rule closing date for comments will be DATES: Comments must be received on would not have a significant economic or before November 29, 1996. considered before taking action on the impact on a substantial number of small ADDRESSES: Send comments on the proposed rule. The proposal contained entities under the criteria of the proposal in triplicate to: Manager, in this notice may be changed in light Regulatory Flexibility Act. of comments received. All comments System Management Branch, AAL–530, submitted will be available for List of Subjects in 14 CFR Part 71 Docket No. 96–AAL–16, Federal examination in the Operations Branch, Airspace, Incorporation by reference, Aviation Administration, 222 West 7th Air Traffic Division, at 15000 Aviation Navigation (air). Avenue, Box 14, Anchorage, AK 99513– Boulevard, Lawndale, California 90261, 7587. The Proposed Amendment both before and after the closing date for The official docket may be examined comments. A report summarizing each In consideration of the foregoing, the in the Office of the Assistant Chief substantive public contact with FAA Federal Aviation Administration Counsel for the Alaskan Region at the personnel concerned with this proposes to amend 14 CFR part 71 as same address. rulemaking will be filed in the docket. follows: An informal docket may also be examined during normal business hours Availability of NPRM PART 71Ð[AMENDED] in the Office of the Manager, System Any person may obtain a copy of this 1. The authority citation for 14 CFR Management Branch, Air Traffic Notice of Proposed Rulemaking (NPRM) part 71 continues to read as follows: Division, at the address shown above. by submitting a request to the Federal FOR FURTHER INFORMATION CONTACT: Authority: 49 U.S.C. 106(g), 40103, 40113, Aviation Administration, Operations 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Robert van Haastert, System Branch, P.O. Box 92007, Worldway 1963 Comp., p. 389; 14 CFR 11.69. Management Branch, AAL–538, Federal Postal Center, Los Angeles, California Aviation Administration, 222 West 7th 90009. Communications must identify § 71.1 [Amended] Avenue, Box 14, Anchorage, AK 99513– the notice number of this NPRM. 2. The incorporation by reference in 7587; telephone number (907) 271– Persons interested in being placed on a 14 CFR 71.1 of the Federal Aviation 5863. 53882 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules

SUPPLEMENTARY INFORMATION: AK. The coordinates for this airspace Paragraph 6002 The Class E airspace areas listed below are designated as a surface area Comments Invited docket are based on North American Datum 83. The Class E airspace areas for an airport. Interested parties are invited to designated as surface areas for an airport * * * * * participate in this proposed rulemaking are published in paragraph 6002 of FAA AAL AK E2 Dillingham, AK [Revised] by submitting such written data, views, Order 7400.9D dated September 4, 1996, Dillingham Airport, AK or arguments as they may desire. and effective September 16, 1996; 700/ Comments that provide the factual basis (Lat. 59°02′40′′ N, long. 158°30′20′′ W) 1200 foot transition areas are published Dillingham VOR/DME supporting the views and suggestions in paragraph 6005 of FAA Order ° ′ ′′ ° ′ ′′ presented are particularly helpful in (Lat. 58 59 39 N, long. 158 33 08 W) 7400.9D, dated September 4, 1996, and Within a 4.1-mile radius of the Dillingham developing reasoned regulatory effective September 16, 1996, paragraph decisions on the proposal. Comments Airport and within 3.1 miles each side of the 6002 and 6005 are incorporated by Dillingham VOR/DME 207° radial extending are specifically invited on the overall reference in 14 CFR 71.1 (61 FR 48403; from the 4.1-mile radius to 10.4 miles regulatory, aeronautical, economic, September 13, 1996). The Class E southeast of the airport. This Class E airspace environmental, and energy-related airspace designation listed in this area is effective during the specific dates and aspects of the proposal. document would be published times established in advance by a Notice to Communications should identify the subsequently in the Order. Airmen. The effective date and time will airspace docket number and be thereafter be continuously published in the submitted in triplicate to the address The FAA has determined that these Supplement Alaska (Airport/Facility listed above. Commenters wishing the proposed regulations only involve an Directory). FAA to acknowledge receipt of their established body of technical * * * * * regulations for which frequent and comments on this notice must submit Paragraph 6005 Class E airspace extending with those comments a self-addressed, routine amendments are necessary to keep them operationally current. It, upward from 700 feet or more above the stamped postcard on which the surface of the earth. therefore —(1) is not a ‘‘significant following statement is made: * * * * * ‘‘Comments to Airspace Docket No. 96– regulatory action’’ under Executive AAL–16.’’ The postcard will be date/ Order 12866; (2) is not a ‘‘significant AAL AK E5 Dillingham, AK [Revised] time stamped and returned to the rule’’ under DOT Regulatory Policies Dillingham Airport, AK commenter. All communications and Procedures (44 FR 11034; February (Lat. 59°02′40′′ N, long. 158°30′20′′ W) 26, 1979); and (3) does not warrant Dillingham VOR/DME received on or before the specified ° ′ ′′ ° ′ ′′ closing date for comments will be preparation of a regulatory evaluation as (Lat. 58 59 39 N, long. 158 33 08 W) considered before taking action on the the anticipated impact is so minimal. That airspace extending upward from 700 proposed rule. The proposal contained Since this is a routine matter that will feet above the surface within a 6.6-mile radius of Dillingham Airport and within 3.1 in this notice may be changed in light only affect air traffic procedures and air navigation, it is certified that this rule, miles each side of the 207° radial of the of comments received. All comments Dillingham VOR/DME extending from the submitted will be available for when promulgated, will not have a significant economic impact on a 6.6-mile radius to 14.1 miles southwest of the examination in the System Management airport; and that airspace extending upward Branch, Air Traffic Division, Federal substantial number of small entities from 1,200 feet above the surface within a 22- Aviation Administration, 222 West 7th under the criteria of the Regulatory mile radius of the VOR/DME. Flexibility Act. Avenue, Box 14, Anchorage, AK, both * * * * * before and after the closing date for List of Subjects in 14 CFR Part 71 Issued in Anchorage, AK, on October 8, comments. A report summarizing each 1996. substantive public contact with FAA Airspace, Incorporation by reference, Willis C. Nelson, personnel concerned with this Navigation (air). Manager, Air Traffic Division, Alaskan rulemaking will be filed in the docket. The Proposed Amendment Region. [FR Doc. 96–26477 Filed 10–15–96; 8:45 am] Availability of NPRM’s In consideration of the foregoing, the BILLING CODE 4910±13±P Any person may obtain a copy of this Federal Aviation Administration Notice of Proposed Rulemaking (NPRM) proposes to amend 14 CFR part 71 as by submitting a request to the System follows: 14 CFR Part 71 Management Branch, AAL–530, Federal Aviation Administration, 222 West 7th PART 71Ð[AMENDED] [Airspace Docket No. 96±AAL±21] Avenue, Box 14, Anchorage, AK 99513– 1. The authority citation for 14 CFR Proposed Establishment of Class E 7587. Communications must identify Airspace; Koyuk, AK the notice number of this NPRM. Part 71 continues to read as follows: Persons interested in being placed on a Authority: 49 U.S.C. 40103, 40113, 40120; AGENCY: Federal Aviation mailing list for future NPRM’s should E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Administration (FAA), DOT. Comp., p. 389; 49 U.S.C. 106(g); 14 CFR also request a copy of Advisory Circular ACTION: Notice of proposed rulemaking. No. 11–2A which describes the 11.69. application procedure. § 71.1 [Amended] SUMMARY: This action establishes Class E airspace at Koyuk, AK. The The Proposal 2. The incorporation by reference in development of a non-directional The FAA is considering an 14 CFR 71.1 of Federal Aviation beacon (NDB) instrument approach to amendment to part 71 of the Federal Administration Order 7400.9D, Airspace RWY 36 has made this action necessary. Aviation Regulations (14 CFR part 71) to Designations and Reporting Points, This action will change the airport modify Class E airspace at Dillingham, dated September 4, 1996, and effective status from Visual Flight Rules (VFR) to AK. This action is necessary to September 16, 1996, is amended as Instrument Flight Rules (IFR). The area accommodate a new GPS and MLS follows: would be depicted on aeronautical instrument approaches at Dillingham, * * * * * charts for pilot reference. The intended Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules 53883 effect of this proposal is to provide Aviation Administration, 222 West 7th List of Subjects in 14 CFR Part 71 adequate controlled airspace for IFR Avenue, Box 14, Anchorage, AK, both operations at Koyuk, AK. before and after the closing date for Airspace, Incorporation by reference, DATES: Comments must be received on comments. A report summarizing each Navigation (air). or before November 29, 1996. substantive public contact with FAA The Proposed Amendment ADDRESSES: Send comments on the personnel concerned with this proposal in triplicate to: Manager, rulemaking will be filed in the docket. In consideration of the foregoing, the Federal Aviation Administration System Management Branch, AAL–530, Availability of NPRM’s Docket No. 96–AAL–21, Federal proposes to amend 14 CFR part 71 as Aviation Administration, 222 West 7th Any person may obtain a copy of this follows: Avenue, Box 14, Anchorage, AK 99513– Notice of Proposed Rulemaking (NPRM) 7587. by submitting a request to the System PART 71Ð[AMENDED] The official docket may be examined Management Branch, AAL–530, Federal in the Office of the Assistant Chief Aviation Administration, 222 West 7th 1. The authority citation for 14 CFR Counsel for the Alaskan Region at the Avenue, Box 14, Anchorage, AK 99513– Part 71 continues to read as follows: same address. 7587. Communications must identify Authority: 49 U.S.C. 40103, 40113, 40120; An informal docket may also be the notice number of this NPRM. E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 examined during normal business hours Persons interested in being placed on a Comp., p. 389; 49 U.S.C. 106(g); 14 CFR in the Office of the Manager, System mailing list for future NPRM’s should 11.69. Management Branch, Air Traffic also request a copy of Advisory Circular § 71.1 [Amended] Division, at the address shown above. No. 11–2A which describes the FOR FURTHER INFORMATION CONTACT: application procedure. 2. The incorporation by reference in Robert van Haastert, System 14 CFR 71.1 of Federal Aviation The Proposal Management Branch, AAL–538, Federal Administration Order 7400.9C, Airspace Aviation Administration, 222 West 7th The FAA is considering an Designations and Reporting Points, Avenue, Box 14, Anchorage, AK 99513– amendment to part 71 of the Federal dated August 17, 1995, and effective 7587; telephone number (907) 271– Aviation Regulations (14 CFR part 71) to September 16, 1995, is amended as 5863. establish Class E airspace for GPS follows: SUPPLEMENTARY INFORMATION: instrument approach procedures at * * * * * Comments Invited Koyuk, AK. The status of Koyuk Airport will change from VFR to IFR. The Paragraph 6005 Class E airspace extending Interested parties are invited to coordinates for this airspace docket are upward from 700 feet or more above the surface of the earth. participate in this proposed rulemaking based on North American Datum 83. by submitting such written data, views, The Class E airspace areas designated as * * * * * or arguments as they may desire. 700/1200 foot transition areas are AAL AK E5 Koyuk, AK [New] Comments that provide the factual basis published in paragraph 6005 of FAA supporting the views and suggestions Order 7400.9C, dated August 17, 1995, Koyuk Airport, AK (Lat. 64°56′02′′ N, long. 161°09′29′′ W) presented are particularly helpful in and effective September 16, 1995, which Koyuk NDB, AK developing reasoned regulatory is incorporated by reference in 14 CFR (Lat. 64°55′55′′ N, long. 161°08′52′′ W) decisions on the proposal. Comments 71.1 (58 FR 36298; July 6, 1993). The Norton Bay NDB, AK are specifically invited on the overall Class E airspace designation listed in (Lat. 64°41′46′′ N, long. 162°03′47′′ W) regulatory, aeronautical, economic, this document would be published environmental, and energy-related subsequently in the Order. That airspace extending upward from 700 aspects of the proposal. feet above the surface within a 9-mile radius Communications should identify the The FAA has determined that these of the Koyuk Airport and 4 miles west and airspace docket number and be proposed regulations only involve an 8 miles east of the 210° bearing from the submitted in triplicate to the address established body of technical Koyuk NDB extending from the 9-mile radius listed above. Commenters wishing the regulations for which frequent and to 17 miles southwest of the airport; and that FAA to acknowledge receipt of their routine amendments are necessary to airspace extending upward from the 1,200 comments on this notice must submit keep them operationally current. It, feet above the surface within 5 miles with those comments a self-addressed, therefore —(1) is not a ‘‘significant eitherside of the Koyuk NDB 210° bearing stamped postcard on which the regulatory action’’ under Executive extending from the NDB to 30 miles following statement is made: Order 12866; (2) is not a ‘‘significant southwest of the NDB and 4.5 miles either ‘‘Comments to Airspace Docket No. 96– rule’’ under DOT Regulatory Policies side of the line between Norton Bay NDB and AAL–21.’’ The postcard will be date/ and Procedures (44 FR 11034; February Koyuk NDB and within 20 miles of the time stamped and returned to the 26, 1979); and (3) does not warrant Koyuk Airport extending clockwise from the commenter. All communications preparation of a regulatory evaluation as 140° bearing to the 210° bearing of the NDB. the anticipated impact is so minimal. received on or before the specified * * * * * Since this is a routine matter that will closing date for comments will be Issued in Anchorage, AK, on October 7, only affect air traffic procedures and air considered before taking action on the 1996. proposed rule. The proposal contained navigation, it is certified that this rule, in this notice may be changed in light when promulgated, will not have a Willis C. Nelson, of comments received. All comments significant economic impact on a Manager, Air Traffic Division, Alaskan submitted will be available for substantial number of small entities Region. examination in the System Management under the criteria of the Regulatory [FR Doc. 96–26472 Filed 10–15–96; 8:45 am] Branch, Air Traffic Division, Federal Flexibility Act. BILLING CODE 4910±13±P 53884 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules

DEPARTMENT OF THE INTERIOR and Minerals, Department of Natural communities impacted by coal or other Resources, The Hopi Tribe, P.O. Box mineral mining and processing practices; and Office of Surface Mining Reclamation 123, Kykotsmovi, Arizona 86039 (3) to address needs for activities or public and Enforcement facilities related to the coal or minerals FOR FURTHER INFORMATION CONTACT: industry on Hopi Lands impacted by coal or Guy Padgett, Telephone: (505) 248– 30 CFR Part 756 minerals development. 5070. Provision for coal projects are found in [HO±004±FOR] Parts IC, IIA, and Parts III through XIV of this SUPPLEMENTARY INFORMATION: Plan. Noncoal projects, including projects Hopi Abandoned Mine Land I. Background on the Hopi Plan related to mineral mining and processing as Reclamation Plan well as activities and public facilities, are On June 28, 1988, The Secretary of the subject to applicable provisions of Parts IIB AGENCY: Office of Surface Mining Interior approved the Hopi plan. through XIV of this Plan. General background information on the Reclamation and Enforcement, Interior. The Hopi Tribe proposes to revise its Hopi plan, including the Secretary’s ACTION: Proposed rule; public comment provisions concerning coal reclamation findings and the disposition of period and opportunity for public after certification at section II.A to comments, can be found in the June 28, hearing on proposed amendment. clarify that the effective date of the Hopi 1988, Federal Register (53 FR 24262). Tribe’s certificate of completion of all SUMMARY: The Office of Surface Mining Subsequent actions concerning the Hopi known abandoned coal mine problems Reclamation and Enforcement (OSM) is Tribe’s plan and plan amendments can is June 9, 1994. The Tribe also proposes announcing receipt of a proposed be found at 30 CFR 756.17 and 756.18. amendment to the Hopi Tribe’s the addition of new language of this abandoned mine land reclamation II. Proposed Amendment section to provide that coal problems (AMLR) plan (hereinafter, the ‘‘Hopi By letter dated September 23, 1996, found after the effective date of plan’’) under the Surface Mining the Hopi Tribe submitted a proposed certification would be subject to the Control and Reclamation Act of 1977 amendment to its plan (administrative provisions specified in the Hopi plan (SMCRA). The proposed amendment record No. HO–156) pursuant to and in sections 401 through 410 of consists of revisions to plan provisions SMCRA (30 U.S.C. 1201 et seq.). The SMCRA. pertaining to the preface; purpose of the Hopi Tribe submitted the proposed The Hopi Tribe is proposing to add Hopi plan; eligible lands and waters amendment in response to the required new language at section II.A(1)(i) to subsequent to certification; land plan amendments at 30 CFR 756.18 (a) provide for limited liability for coal acquisition, management, and disposal; through (h). The provisions of the Hopi reclamation after certification such that rights of entry; Hopi Department of plan that the Hopi Tribe proposes to [t]he Tribe shall not be liable under any Natural Resources policy on public revise are: preface to amended provision of Federal, State, or Tribal law for participation; organization of the Hopi reclamation plan; section I.A, purpose any costs or damages as a result of action Tribe; a description of aesthetic, cultural of the Hopi plan; section II.A(1), coal taken or omitted in the course of carrying out and recreational conditions of the Hopi this plan. This section shall not preclude reclamation after certification and liability for costs or damages as a result of Reservation; and flora and fauna. The section II.A(1)(i), limited liability; gross negligence or intentional misconduct amendment is intended to revise the sections II.B(1) (d) and (d)(ii), noncoal by the Tribe. For purposes of the preceding Hopi plan to meet the requirements of reclamation after certification and the sentence, reckless, willful, or wanton the corresponding Federal regulations construction of public facilities, section misconduct shall constitute gross negligence and be consistent with SMCRA. II.B(1)(h), limited liability, section or intentional misconduct. DATES: Written comments must be II.B(1)(i), contractor responsibility, and The Hopi Tribe is also proposing to received by 4:00 p.m., m.d.t., November section II.B(1)(j), reports; section revise its provisions concerning noncoal 15, 1996. If requested, a public hearing IV.A(1), land acquisition; section reclamation after certification at on the proposed amendment will be VI.A(1) and B(1), consent to entry and sections II.B(1) (d) and (d)(ii) by held on November 12, 1996. Requests to public notice; and part XII, description providing that the projects and present oral testimony at the hearing of aesthetic, cultural and recreational construction of ‘‘public’’ facilities shall must be received by 4:00 p.m., m.d.t., conditions of the Hopi Reservation. include as priority two the protection of October 31, 1996. Specifically, the Hopi Tribe proposes public health, safety, and general ADDRESSES: Written comments should in the preface to the amended Hopi plan welfare from the adverse effects of be mailed or hand delivered to Guy to include the Energy Policy Act of 1992 mining and processing practices, rather Padgett at the address listed below. (Pub. L. 102–486) as enabling legislation than the protection of public health, Copies of the Hopi plan, the proposed for the Tribe’s AMLR program. safety, general welfare and property. In amendment, and all written comments The Hopi Tribe is also proposing to addition, the Hopi Tribe is proposing to received in response to this document delete the existing language that add new provisions at sections II.B(1) will be available for public review at the describes the purpose of the Hopi plan (h) through (j) to provide for noncoal addresses listed below during normal at section I.A and replace it with the reclamation the following: following: business hours, Monday through Friday, (h) Limited Liability. The Tribe shall not be excluding holidays. Each requester may [T]he purpose of the Hopi Abandoned liable under any provision of Federal, State, receive one free copy of the proposed Mine Land Reclamation Plan, as amended, is or Tribal law for any costs or damages as a amendment by contacting OSM’s to protect the health, safety, and general result of action taken or omitted in the course Albuquerque Field Office. welfare of members of the Hopi Tribe and of carrying out this plan. This section shall Guy Padgett, Director, Albuquerque members of the general public from the not preclude liability for costs or damages as harmful effects of past coal mining practices Field Office, Office of Surface Mining a result of gross negligence or intentional and past mineral mining and processing misconduct by the Tribe. For purposes of the Reclamation and Enforcement, 505 practices. preceding sentence, reckless, willful, or Marquette Avenue, NW., Suite 1200, It also has other purposes. They are: (1) to wanton misconduct shall constitute gross Albuquerque, New Mexico 87102 address adverse effects of mineral mining negligence or intentional misconduct. Norman Honie, Abandoned Mine Land and processing practices on public facilities; (i) Contractor Responsibility. To receive Program Manager, Office of Mining (2) to provide for public facilities in AML funds, every successful bidder for a Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules 53885

Tribal AML contract must be eligible under other than the Albuquerque Field Office applicable standards of subsections (a) 30 CFR 773.15(b)(1) at the time of contract will not necessarily be considered in the and (b) of that section. However, these award to receive a permit or conditional final rulemaking or included in the standards are not applicable to the permit to conduct surface coal mining administrative record. operations. Bidder eligibility must be actual language of Tribe or State AMLR plans and revisions thereof since each confirmed by OSM’s automated Applicant/ 2. Public Hearing Violator System. such plan is drafted and promulgated by (j) Reports. A Form OSM–76, ‘‘Abandoned Persons wishing to testify at the a specific Tribe or State, not by OSM. Mine Land Problem Area Description,’’ shall public hearing should contact the Decisions on proposed Tribe or State be submitted to OSM upon project person listed under FOR FURTHER AMLR plans and revisions thereof completion to report the accomplishments INFORMATION CONTACT by 4:00 p.m., submitted by a Tribe or State are based achieved through the project. m.d.t., October 31, 1996. Any disabled on a determination of whether the Further, the Hopi Tribe is proposing to individual who has need for a special submittal meets the requirements of delete the existing provisions for these accommodation to attend a public Title IV of SMCRA (30 U.S.C. 1231– topics at sections II.E through G and hearing should contact the individual 1243) and the applicable Federal recodify section II.H as II.E. listed under FOR FURTHER INFORMATION regulations at 30 CFR Parts 884 and 888. The Hopi Tribe proposes to revise its CONTACT. The location and time of the provisions concerning land acquisition hearing will be arranged with those 3. National Environmental Policy Act at section IV.A(1) to provide that land persons requesting the hearing. If no one No environmental impact statement is adversely affected by coal and noncoal requests an opportunity to testify at the required for this rule since agency mining practices, including refuse piles public hearing, the hearing will not be decisions on proposed Tribe or State and all refuse thereon, may be acquired held. Filing of a written statement at the AMLR plans and revisions thereof are by the Hopi Tribe for the purposes of time of the hearing is requested as it categorically excluded from compliance the reclamation program when the will greatly assist the transcriber. with the National Environmental Policy acquisition of the lands meets the Submission of written statements in Act (42 U.S.C. 4332) by the Manual of requirements of section 407 of SMCRA. advance of the hearing will allow OSM the Department of the Interior (516 DM The Hopi Tribe is proposing to revise officials to prepare adequate responses 6, appendix 8, paragraph 8.4B(29)). its rights of entry provisions at section and appropriate questions. VI.A(1) to provide that entry may be The public hearing will continue on 4. Paperwork Reduction Act made for the purposes of studies or the specified date until all persons This rule does not contain exploration for the purposes of scheduled to testify have been heard. information collection requirements that reclamation and for reclamation work, Persons in the audience who have not require approval by OMB under the and at section VI.B(1) to provide that the been scheduled to testify, and who wish Paperwork Reduction Act (44 U.S.C. written notice to be sent to landholders to do so, will be heard following those 3507 et seq.). who have been scheduled. The hearing when written consent cannot be 5. Regulatory Flexibility Act obtained will state the intent and will end after all persons scheduled to reasons for entry and will be consistent testify and persons present in the The Department of the Interior has with procedures and requirements of audience who wish to testify have been determined that this rule will not have the applicable OSM regulations and that heard. a significant economic impact on a such notice will be given 30 days prior 3. Public Meeting substantial number of small entities to entry. under the Regulatory Flexibility Act (5 If only one person requests an The Hopi Tribe proposes to delete the U.S.C. 601 et seq.). The Tribe or State opportunity to testify at a hearing, a original text concerning the description submittal which is the subject of this public meeting, rather than a public of aesthetic, cultural and recreational rule is based upon Federal regulations hearing, may be held. Persons wishing conditions of the Hopi Reservation and for which an economic analysis was to meet with OSM representatives to add new language at part XII to briefly prepared and certification made that discuss the proposed amendment may describe the general aesthetic, historic, such regulations would not have a request a meeting by contacting the cultural or recreational values or significant economic effect upon a person listed under FOR FURTHER conditions of the Hopi Reservation. substantial number of small entities. INFORMATION CONTACT. All such meetings Finally, the Hopi Tribe is proposing Accordingly, this rule will ensure that will be open to the public and, if minor editorial and recodification existing requirements established by possible, notices of meetings will be changes. SMCRA or previously promulgated by posted at the locations listed under OSM will be implemented by the Tribe III. Public Comment Procedures ADDRESSES. A written summary of each or State. In making the determination as In accordance with the provisions of meeting will be made a part of the to whether this rule would have a 30 CFR 884.15(a), OSM is seeking administrative record. significant economic impact, the comments on whether the proposed IV. Procedural Determinations Department relied upon the data and amendment satisfies the applicable plan assumptions in the analyses for the approval criteria of 30 CFR 884.14. If the 1. Executive Order 12866 corresponding Federal regulations. amendment is deemed adequate, it will This rule is exempted from review by become part of the Hopi plan. the Office of Management and Budget 6. Unfunded Mandates Reform Act (OMB) under Executive Order 12866 This rule will not impose a cost of 1. Written Comments (Regulatory Planning and Review). $100 million or more in any given year Written comments should be specific, on any governmental entity or private 2. Executive Order 12988 pertain only to the issues proposed in sector. this rulemaking, and include The Department of the Interior has explanations in support of the conducted the reviews required by List of Subjects in 30 CFR Part 756 commenter’s recommendations. section 3 of Executive Order 12988 Abandoned mine reclamation Comments received after the time (Civil Justice Reform) and has program, Indian lands, Surface mining, indicated under DATES or at locations determined that this rule meets the Underground mining. 53886 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules

Dated: October 8, 1996. so that it may program sufficient time 40 CFR Part 80 Russell F. Price, for staff analysis of those comments. Acting Regional Director, Western Regional Dated: October 10, 1996. [FRL±5636±3] Coordinating Center. John A. Mills, Petition by Guam for Exemption From [FR Doc. 96–26510 Filed 10–15–96; 8:45 am] Secretary, Panama Canal Commission. BILLING CODE 4310±05±M Anti-Dumping and Detergent [FR Doc. 96–26469 Filed 10–15–96; 8:45 am] Additization Requirements for BILLING CODE 3640±04±P Conventional Gasoline PANAMA CANAL COMMISSION AGENCY: Environmental Protection 35 CFR Parts 133 and 135 Agency. ENVIRONMENTAL PROTECTION ACTION: Proposed notice of decision. RIN 3207±AA38 AGENCY SUMMARY: The Environmental Protection Tolls for Use of Canal; Rules for 40 CFR Parts 64, 70, and 71 Agency (‘‘EPA’’ or ‘‘the Agency’’) is Measurement of Vessels proposing to grant a petition by the AGENCY: Panama Canal Commission. [FRL±5636±8] Territory of Guam for exemption from the anti-dumping requirements for ACTION: Proposed rulemaking; extension Compliance Assurance Monitoring of comment period. gasoline sold in the United States after January 1, 1995. This action is proposed AGENCY: SUMMARY: The Panama Canal Environmental Protection because of Guam’s unique geographic Commission (PCC) is providing a Agency (EPA). location and economic factors. EPA is supplemental comment period on the ACTION: Notification Not to Extend not granting Guam’s petition for toll rate/measurement rule published in Comment Period. exemption from the fuel detergent the Federal Register (61 FR 46407) on additization requirements that all September 3, 1996. The original SUMMARY: On August 13, 1996, EPA gasoline sold in the United States after comment period closed on September published a notice of availability of a January 1, 1995 contain fuel detergents. 25, 1996. The provision of this draft regulatory package on the If the gasoline anti-dumping exemption additional period responds to requests Compliance Assurance Monitoring were not granted, Guam would be from a number of interested parties who (CAM) rulemaking. In that notice, EPA required to import gasoline from a indicated there had not been sufficient stated that it would make required supplier meeting the anti-dumping time to adequately address the various impact analyses available for review and requirements adding a considerable issues raised by the proposal. comment no later than August 30, 1996. expense to gasoline purchased by the Additional written comments will be 61 FR 41991. On September 3, 1996, Guam consumer. Guam is in full accepted through November 15, 1996. EPA published a correction notice attainment with the national ambient air As in the first comment period, PCC stating that no required impact analyses quality standard for ozone. This will consider, and strongly encourages would be made public until the CAM proposed action is not expected to cause all interested parties to present in rule is promulgated. 61 FR 46418. harmful environmental effects to the citizens of Guam. writing, pertinent data, views or EPA has reconsidered the release of arguments, along with any alternatives regulatory impact analyses and decided DATES: Comments on this proposed final or other relevant information, for PCC’s to make public for comment the decision must be received in writing by consideration prior to issuance of any required analyses under the Regulatory November 15, 1996. final rules. Any final rules approved Flexibility Act concerning the potential ADDRESSES: Materials relevant to this will be effective no earlier than 30 days impact on small entities. That analyses petition are available for inspection in from the date of their publication in the should be available by early November public docket A–95–19 at the Air Federal Register. 1996 and EPA will at that time make it Docket Office of the EPA, room M–1500, DATES: The comment period is extended available and announce through a 401 M Street, SW., Washington, DC until November 15, 1996. Federal Register notice a 30-day 20460, (202) 260–7548, between the ADDRESSES: Comments may be mailed comment period. During that comment hours of 8:00 a.m. to 5:30 p.m., Monday to: John A. Mills, Secretary, Panama period EPA will accept comments only through Friday. A duplicate public Canal Commission, 1825 I Street, NW., on the impact of the draft CAM docket, A–GU–95, has been established Suite 1050, Washington, DC 20006– approach on small entities. at U.S. EPA Region IX, 75 Hawthorne 5402; Telephone: (202) 634–6441, Fax: The general public comment period Street (Mail Code: A–2–1), 17th Floor, (202) 634–6439, Internet E-Mail: on the latest draft of the CAM approach San Francisco, CA 94105, (415) 744– [email protected]; or the Office will close on October 15, 1996 as 1225, and is available between the hours of Financial Management, Panama originally specified in the August 13, of 8:30 a.m. to noon, and 1 p.m. to 5 Canal Commission, Balboa Heights, 1996 notice. p.m., Monday through Friday. As Republic of Panama (Telephone: 011– provided in 40 CFR part 2, a reasonable 507–272–3194, Fax: 011–507–272– FOR FURTHER INFORMATION CONTACT: fee may be charged for copying services. 3040). Peter Westlin, Office of Air Quality Comments should be submitted (in FOR FURTHER INFORMATION CONTACT: John Planning and Standards, (919) 541– duplicate if possible) to the two dockets A. Mills at the above address, 1058. listed above, with a copy forwarded to (telephone: (202) 634–6441). Dated: October 10, 1996. Marilyn Winstead McCall, U.S. SUPPLEMENTARY INFORMATION: PCC John S. Seitz, Environmental Protection Agency, Fuels requests that parties desiring to submit Director, Office of Air Quality Planning and and Energy Division, 401 M Street, SW. new or additional comments advise PCC Standards. (Mail Code: 6406J), Washington, DC verbally or in writing of their intention [FR Doc. 96–26454 Filed 10–15–96; 8:45 am] 20460. to do so no later than October 24, 1996 BILLING CODE 6560±50±M FOR FURTHER INFORMATION CONTACT: Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules 53887

Marilyn Winstead McCall at (202) 233– national forest for Indian allotments and covered by your application. The Act 9029. the procedures for handling allotments provides for the following allotment SUPPLEMENTARY INFORMATION: For more on those lands. types and maximum allowable acreage: detailed information on this proposal, DATES: Comments: Commenters must —Irrigable land-not more than 40 acres, please see EPA’s Notice of Direct Final submit comments by November 15, —Nonirrigable agricultural land-not Decision published in the Final Rules 1996. more than 80 acres, and section of this Federal Register which ADDRESSES: Commenters may hand- —Nonirrigable grazing land-not more approves Guam’s petition for exemption deliver comments to the Bureau of Land than 160 acres. from the gasoline anti-dumping Management, Administrative Record, Your eligibility depends upon your regulations, but does not approve Room 401, 1620 L Street, NW., being able to furnish documentation Guam’s petition for exemption from the Washington, DC; or mail comments to from the Bureau of Indian Affairs (BIA) fuel detergent additization regulations. the Bureau of Land Management, that show you are an Indian who meets The Agency views this final decision as Administrative Record, Room 401LS, the requirements for filing under this a noncontroversial action for the reasons 1849 C Street, NW., Washington, DC Act. If you are eligible, your minor discussed in the Notice of Direct Final 20240. You may also transmit comments children are also qualified to file for an Decision published in today’s Federal electronically via the Internet to allotment under the Act. Register, and because it believes the [email protected]. effects of this decision are limited to the Please include ‘‘attn: AB10’’, and your III. Discussion of Proposed Rule Territory of Guam. If no adverse or name and address in your message. If This proposed rule, which would critical comments are received in you do not receive a confirmation from revise 43 CFR Part 2530—Indian response to this proposed decision, no the system that we have received your Allotments, identifies the qualification further action is contemplated in internet message, contact us directly. requirements as well as the steps a relation to this decision. If EPA receives Comments will be available for public person must take to file an application adverse or critical comments, EPA will review in Room 401 of the above for an Indian allotment on BLM withdraw the Notice of Direct Final address during regular business hours administered public lands and public Decision by publishing an appropriate (7:45 a.m. to 4:15 p.m.), Monday lands on national forests and the notice in the Federal Register, and all through Friday, except Holidays. requirements for a trust patent. This public comments received will be FOR FURTHER INFORMATION CONTACT: Jeff revision is needed because the existing addressed in a subsequent notice. The Holdren, (202) 452–7779. regulations have become outdated since EPA will not institute a second being modified in 1972. Specifically, SUPPLEMENTARY INFORMATION: comment period on this document. Any National Environmental Policy Act parties interested in commenting on this I. Public Comment Procedures (NEPA) requirements as well as action should do so at this time. II. Background applicable FLPMA requirements and III. Discussion of Proposed Rule provisions of laws relating to hazardous Dated: October 8, 1996. IV. Procedural Matters Carol M. Browner, substances need to be added. FLPMA I. Public Comment Procedures requirements include meeting planning Administrator. Written comments on the proposed requirements and meeting the 2-year [FR Doc. 96–26448 Filed 10–15–96; 8:45 am] notification to grazing permittees and BILLING CODE 6560±50±M rule should be specific, should be confined to issues pertinent to the lessees. The revision will make the proposed rule, and should explain the regulations easier to read and reason for any recommended change. understand, thereby making it easier for DEPARTMENT OF THE INTERIOR Where possible, comments should the affected public to determine the applicability of the regulations. This Bureau of Land Management reference the specific section or paragraph of the proposal which the revision is part of BLM’s efforts to simplify and clarify its existing 43 CFR Part 2530 commented is addressing. BLM may not necessarily consider or regulations. [AA±320±00±4212±02] include in the Administrative Record BLM is considering requiring a $100 filing fee for requesting an Indian RIN 1004±AB10 for the final rule, comments which BLM receives after the close of the comment allotment, as authorized by the Act. A Indian Allotments period (see DATES) or comments fee has not implemented since the delivered to an address other than those enactment of these regulations in the AGENCY: Bureau of Land Management, listed above (see ADDRESSES). early part of this century. This fee, if Interior. authorized would require the applicant II. Background: ACTION: Proposed rule. to pay a portion of the costs of The Secretary is authorized by section processing an allotment application and SUMMARY: The Bureau of Land 310 of the Federal Land Policy and is more consistent with today’s costs of Management (BLM) is proposing this Management Act (FLPMA), (43 U.S.C. doing business. rulemaking to revise the provisions on 1740) to promulgate rules and The proposed revision sets forth Indian allotments to reduce the regulations to carry out the purposes of application procedures for applying for regulatory burden imposed on the FLPMA and other laws applicable to the Indian allotments on the public lands. public, to streamline and clarify the public lands. Public lands, as defined in this existing provisions, and to remove Section 4 of the Indian General rulemaking, would include any lands redundant and unnecessary Allotment Act of February 8, 1887 (25 administered by BLM, or lands within a requirements. BLM has refined the U.S.C. 334 and 336), (Act) as amended, national forest that are part of the suitability requirements and the public provides that if you are an Indian original public domain and are notification process to make the eligible for an allotment, you may apply otherwise not available for application requirements clearer. We have also for an allotment to the BLM office under this Act. This definition is being clarified the availability of lands within having jurisdiction over the lands added to clarify the type of lands that 53888 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules are subject to application for an Indian applications on behalf of minor Section 2530.27 would require that allotment. The proposed revision would children. We have removed the current the lands covered by the allotment be reorganize the regulations, adding a regulatory provision on Indian wives segregated from the public land laws definition section for clarity (43 CFR (§ 2531.1(e)) since § 2530.13, in and mining laws to eliminate potential 2530.5). A section is added that addressing the general qualification encumbrances or any conflicts with the specifies what public lands are available requirements, would be applicable to all settlement of the allotment. The lands for an Indian allotment (43 CFR applicants, regardless of gender. would be segregated for 2 years 2530.10) and would: The proposed rule would relocate the beginning on the date your allotment is —affirm that approval of an Indian current provisions on applications for approved, and BLM may extend the allotment is discretionary with BLM; allotments to §§ 2530.15, 2530.16, and segregation in specific circumstances. —require that BLM ensure that the 2530.17 and expand them to provide Requirements for filing an application lands under application are valuable more detailed procedures, including for a trust patent would be addressed in for agriculture or grazing, and suitable submission of a nonrefundable filing revised 43 CFR part 2530, subpart 2531, physically and economically; and fee. Section 2530.15 would encourage which would deal exclusively with trust —provide that lands otherwise you to consult with BLM before patents. Section 2531.1 would direct appropriated or segregated from submitting an application, to ensure you BLM to issue you a trust patent after you surface entry are not available for can meet all of the requirements with successfully complete the required 2- selection. respect to water and land use conflicts, year settlement period on your and to familiarize you with the allotment and your meeting all other Regulations pertaining to protests and processes and the responsibilities of the requirements. If you are unable to appeals of BLM actions taken on your various governmental agencies complete the 2-year settlement period application are currently contained in involved. Section 2530.16 would due to circumstances such as war, acts 43 CFR part 4, subpart E. BLM is in the itemize the information you are to of God, or legal delays, § 2531.2 would process of preparing proposed provide in your application (a BLM provide that BLM may grant you an regulations that would locate BLM official form is no longer required). This extension of not more than 2 additional protest and appeals procedures in 43 section would also require submission years. If a grazing lessee or licensee CFR part 1840. Should these BLM of a nonrefundable filing fee of $100 for requests the delay your application will protest and appeals regulations become each application and a certificate of be suspended for the amount of time of final, appropriate changes in the eligibility from BIA. The filing fee is to the delay request. references will be made to 43 CFR part provide partial payment for the BLM’s Sections 2531.5 and 2531.6 would 1840. acting upon your application. It would address the disposition of the allotment Section by Section Analysis provide that your filing of an of an Indian who dies after settlement application does not segregate the land but before we issue a trust patent. If an The proposed regulations would from the operation of the public land allottee dies after complying with the renumber current sections of the laws, and that your application may not requirements to obtain title, but prior to regulations. BLM would revise be assigned. Section 2530.17 would our issuing a trust patent, we will issue § 2530.10 (formerly § 2530.0–8), land specify additional requirements you a trust patent to the heirs of the subject to allotment, to add provisions must meet, including compliance with deceased allottee, without requiring any to inform you, the applicant, of the need all State and local zoning requirements further occupancy. for lands being properly classified for as well as assurance that you have, 43 CFR part 2530, subpart 2533, settlement under the Indian General either through production or which currently addresses Indian Allotment Act. We would also add acquisition, a sufficient quantity and allotments in national forests, would be provisions requiring you to provide quality of water to develop your replaced by 43 CFR part 2530, subpart evidence with respect to the lands that allotment. § 2532. A new § 2532.3 would state the they are physically and economically Sections 2530.20, 2530.21 and qualifications that you must meet for suitable for support of an Indian family 2530.22 would address BLM’s process approval of an application for an Indian and you have sincerely applied for these of notifying the public of any proposed allotment on national forests. You may lands considering all of these factors. decision to grant an allotment. We file an application for an allotment for This section would also clarify that we would publish this notice of proposed lands on national forests if you: (1) are can allow allotments on public lands decision in local newspapers and not entitled to an allotment on an valuable or potentially valuable for distribute it to the Governor of the State, existing reservation, (2) belong to a tribe leasable minerals. local governmental entities, authorized without a reservation, or (3) belong to a Section 2530.13 on qualification users, and interested parties. BLM reservation that is insufficient in size to requirements would substantially would allow the public 45 days from the accommodate allotments for the streamline current regulatory provisions initial date of publication in the members of the tribe. by substituting a general reference to the newspaper to comment on the proposed Section 2532.4, a proposed revision of requirement that an applicant for an decision. As noted in §§ 2530.23 and existing § 2531.1, would provide that Indian allotment submit documentation 2530.24, BLM would analyze all your application be submitted to the from BIA of eligibility to BLM. This comments received and would address District Ranger or the Forest Supervisor documentation would replace the all protests according to the procedures in the same format as required for current regulatory requirement that you found in 43 CFR part 4. applications for allotments on public furnish BLM a certificate of eligibility Section 2530.26 would provide that if lands administered by BLM. Likewise, from the Commissioner of Indian grazing authorizations exist upon the the Forest Service would require a Affairs. lands you have applied for, BLM may nonrefundable filing fee of $100. Section 2530.14 would clarify the delay approval of your allotment for a Section 2532.5 would provide that the eligibility requirements of children of period up to two years so that we can Forest Service is to process applications living allotment applicants and give notice to the permittees and in accordance with Forest Service orphaned children. Additionally, lessees. However, a permittee or lessee regulations, and would set forth the § 2530.14 would provide procedures for may waive the two year notification. procedures for rejecting and accepting Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules 53889 applications for allotments on national Unfunded Mandates Reform Act PART 2530ÐINDIAN ALLOTMENTS forests. The Secretary of the Interior BLM has determined that this Subpart 2530ÐIndian AllotmentsÐGeneral would retain final responsibility for proposed rule is not significant under accepting or rejecting applications and the Unfunded Mandates Reform Act of Sec. the Secretary would issue trust patents 1995, because it will not result in State, 2530.1 What is the authority for granting an on national forest lands in the same local and tribal government, in the Indian allotment on public lands administered by BLM? manner as trust patents for BLM lands. aggregate, or private sector, expenditure 2530.5 What terminology should I know? Section 2532.6 would provide you the of $100 million or more in any one year. right to appeal to the Interior Board of 2530.10 What public lands are available for This proposed rule will not significantly an Indian allotment? Land Appeals if BLM rejects your or uniquely affect small governments. 2530.11 Where do I find information about application on the basis that the lands Executive Order 12612 applying for a native allotment in you applied for are not suitable for Alaska? disposal under the Act. The proposed rule would not have a 2530.12 What is the maximum acreage for substantial direct effect on the States, on IV. Procedural Matters an Indian allotment? the relationship between the national 2530.13 What qualifications must I meet to The principal author of this proposed government and the States, or on the be eligible for an Indian allotment? rulemaking is Jeff Holdren, Realty Use distribution of power and 2530.14 Do my minor children qualify for Group, assisted by the staff of the responsibilities among the various an Indian allotment, and how do they apply? Regulatory Management Team of the levels of government. Therefore, in accordance with Executive Order 12612, 2530.15 What steps must I take prior to Bureau of Land Management. BLM has determined that this proposed filing an application? National Environmental Policy Act rule does not have sufficient federalism 2530.16 How do I apply for an Indian implications to warrant BLM allotment? BLM has prepared an environmental preparation of a Federalism assessment. 2530.17 What additional requirements must assessment (EA) and has found that the I meet to have my application approved? proposed rule would not constitute a Executive Order 12630 2530.18 What will BLM do upon receipt of major federal action significantly BLM recognizes that in the case of the above information? Public Lands Council v. Babbitt, No. 95– 2530.19 What limitations apply to my affecting the quality of the human application? environment under section 102(2)(C) of CV–165–B, in the U.S. District Court for 2530.20 How do I find out if my application the National Environmental Policy Act the District of Wyoming, the court is approved? of 1969 (NEPA), 42 U.S.C. 4332(2)(C). implied that holders of existing grazing 2530.21 How are the public and affected BLM has placed the EA and the Finding leases may have some undefined parties made aware of the initial of No Significant Impact (FONSI) on file property rights. BLM and the approval of my application? in the BLM Administrative Record at Department of the Interior strongly 2530.22 What information will the notice to the address specified previously (see disagree with this interpretation of the the public include? ‘‘ADDRESSES’’). BLM invites the public Taylor Grazing Act, and the case is 2530.23 How will BLM evaluate my to review these documents and suggests currently on appeal. Should the Court of comments and the comments or that anyone wishing to submit Appeals uphold this interpretation, concerns of other interested parties? BLM will consider preparing a Takings 2530.24 Can anyone appeal or protest the comments in response to the EA and proposed decision on the allowance of FONSI do so in accordance with the Implications Assessment under Executive Order 12630 to consider the my allotment? Written Comments section above, or 2530.25 How do I know when I may begin contact us directly. implications of this proposed rule on to develop my allotment? private property rights. 2530.26 If my application is rejected by Paperwork Reduction Act Executive Order 12866 BLM how do I appeal? 2530.27 When do lands covered by my BLM has determined that fewer than This proposed rule is not a significant 5 Indian allotment applications per year application for an allotment become regulatory action under section 3(f) of segregated from appropriation under the are filed. Therefore, the information Executive Order 12866. BLM does not public land laws and mining laws? collection requirements contained in the have to assess the potential costs and 2530.28 When will the segregative effect on proposed regulation are exempt from benefits of the rule under section 6(a)(3) my allotment terminate? the provisions of the Paperwork of that order. The Office of Management 2530.29 How do lands with existing grazing Reduction Act (44 U.S.C. 3518(c)(1)). and Budget has exempted the rule from authorizations affect my allotment? review under that order. Regulatory Flexibility Act Subpart 2531ÐTrust Patents List of Subjects in 43 CFR Part 2530 2531.1 How do I obtain title to the lands Congress enacted The Regulatory Indians—lands, National forests, covered by my allotment? Flexibility Act of 1980 (RFA) to ensure 2531.2 If I am unable to meet the 2-year that Government regulations do not Public lands, Reporting and recordkeeping requirements. time requirement for occupying and unnecessarily or disproportionately developing my allotment, can I obtain an burden small entities. The RFA requires Dated: October 2, 1996. extension of time? a regulatory flexibility analysis if a rule Sylvia V. Baca, 2531.3 What criteria must I meet to obtain would have a significant economic Deputy Assistant Secretary of the Interior. a trust patent? impact, either detrimental or beneficial, For the reasons set forth in the 2531.4 If my allotment is unsurveyed, may on a substantial number of small preamble and under the authority of the I receive a trust patent? entities. BLM has determined that this FLPMA (43 U.S.C. 1201; 43 U.S.C. 1740) 2531.5 In the event of my death, will my proposed rule would not have a heirs be notified of my eligibility for a BLM proposes to revise part 2530 of trust patent? significant economic impact on a subchapter B, chapter II of title 43 of the 2531.6 In the event of my death, may my substantial number of small entities Code of Federal Regulations as set forth heirs receive a trust patent? under the RFA (5 U.S.C. 601 et seq.). below: 53890 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules

Subpart 2532ÐIndian AllotmentsÐNational a known and adequate source of a entry by withdrawal or classification. Forests supply of water and upon which BLM may allow an allotment on lands 3532.1 What is the authority for filing an agricultural crops can be profitably valuable or potentially valuable for Indian allotment on public lands within raised. leasable minerals with a reservation of a national forest? Irrigation means the application of the minerals interests of value to the 2532.2 What limitations do I have in water to lands to grow crops. United States. BLM will grant an applying for an allotment on public Mineral laws means those laws allotment on public lands not included lands within a national forest? applicable to the mineral resources in a national forest if the lands under 2532.3 What conditions must I meet to qualify for an allotment on public lands administered by the BLM. They include, application are determined by BLM to within a national forest? but are not limited to, the mining laws, be: 2532.4 How do I apply for an Indian the mineral leasing laws, the mineral (a) Suitable and properly classified for allotment on public lands within a material disposal laws and the development under the Indian General national forest? Geothermal Steam Act. Allotment Act using the procedures and 2532.5 How will my application be Mining laws means those laws as criteria in part 2400 of this chapter and processed? defined at § 3809.0–5(e) of this chapter. will not exceed the maximum acreage 2532.6 What may I do if my application is Nonirrigable agricultural lands means requirements addressed in § 2530.12; rejected? lands upon which agricultural crops can (b) Valuable for agricultural or grazing Authority: 25 U.S.C. 334 and 336. be profitably grown without irrigation. purposes; and Nonirrigable grazing lands means (c) Physically and economically Subpart 2530ÐIndian AllotmentsÐ lands suitable for grazing that cannot be suitable for support of an Indian or an General profitably devoted to any other Indian family and is applicable for that § 2530.1 What is the authority for granting agricultural use. purpose. BLM’s determination of an Indian allotment on public lands Public lands means, for the purposes economic feasibility will take into administered by BLM? of these regulations, any lands, account all costs associated with Section 4 of the Indian General administered by the Bureau of Land settlement of the public lands covered Allotment Act of February 8, 1887 (25 Management, or lands within National by your application. U.S.C. 334), as amended by the Act of Forests that are part of the original § 2530.11 Where do I find information February 28, 1891 (26 Stat. 794), and public domain and are not reserved, about applying for a native allotment in section 17 of the Act of June 25, 1910 withdrawn, or otherwise not available Alaska? (25 U.S.C. 336), provide that if you are for application under this Act. For native allotments in Alaska, see an Indian eligible for an allotment under Segregation means the temporary 43 CFR part 2560, subpart 2561. existing laws, you may apply to the removal, subject to valid existing rights, Bureau of Land Management (BLM) of a specified area of the public lands § 2530.12 What is the maximum acreage for an Indian allotment? office having jurisdiction over the lands from appropriation under the public covered by the application to have the land laws and mining laws, pursuant to An allotment to any one Indian will lands allotted to you and to your the authority of the Secretary of the not exceed the following acreage children in the manner provided by law. Interior to provide for the orderly requirements: administration of the public lands. (a) 40 acres of irrigable land; § 2530.5 What terminology should I know? Settlement means occupancy and (b) 80 acres of nonirrigable land; or As used in this part, the term: development of the lands in the (c) 160 acres of nonirrigable grazing Act means the Indian General allotment in a manner consistent with land. Allotment Act of February 8, 1887 the applicant’s plan of operation. § 2530.13 What qualifications must I meet (25 U.S.C. 334), as amended. Trust patent means a patent issued to to be eligible for an Indian allotment? Allotment means a tract of land issued the United States of America in trust for (a) You must qualify as an Indian, as to individual Indians or a tribe by the an individual Indian or a tribe. Lands defined in this part, to be eligible for an United States of America in trust, conveyed by trust patent cannot be Indian allotment on public lands. restricted, or fee simple status by Acts alienated or encumbered without (b) You must furnish documentation of Congress. approval of the United States of from the Bureau of Indian Affairs that Allowance means the applicant is America. shows you are an Indian eligible to authorized to enter the allotment for Water right means the right, whether apply for an Indian allotment. This purposes of settlement. by existing ownership, contract, documentation must show that you are Crop means any agricultural product purchase, or appropriation in a member of a recognized tribe, or are to which the lands are generally adapted accordance with State law, to use water entitled to be so recognized. You must and which would show a profit when on the lands for the purposes set out in attach that documentation to your the expense of producing it is deducted. the allotment. allotment application. Indian means a person who is a Water supply means a permanent and member of or eligible for membership in adequate source of water that is § 2530.14 Do my minor children qualify for an Indian tribe. sufficient for domestic, livestock, or an Indian allotment, and how do they Indian tribe means any Indian tribe, agricultural purposes in accordance apply? band, nation, pueblo, community, with the proposal in the allotment (a) If you are eligible for an allotment rancheria, colony, or other group that, at application. under the Act, you are also eligible, the time of an application for an upon application, for an allotment for allotment pursuant to these regulations, § 2530.10 What public lands are available your living minor children, is recognized by the Secretary of the for an Indian allotment? stepchildren, or other children as to Interior as eligible to receive services BLM may approve an application for whom you fill the role of parent. from the United States Bureau of Indian an allotment on any surveyed or Orphan children (children whose both Affairs. unsurveyed public lands suitable for parents are deceased) are not eligible for Irrigable lands means lands that are disposal under the Act not otherwise an allotment unless they qualify under susceptible to successful irrigation from appropriated or segregated from surface the criteria stated in § 2530.13. Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules 53891

(b) BLM requires the actual settlement (7) A description of the manner in § 2530.20 How do I find out if my by the parent or the person standing in which you will make settlement on the application is approved? place of the parents to substantiate the lands covered by the application. Upon completing review of your filing for an Indian allotment on behalf (c) BLM will not approve your application, BLM will issue a proposed of minor children. application unless and until BLM decision to you approving your (c) In every case where you file an determines that the public lands application for an allotment if your application for a minor child, you must involved are suitable for disposal under application meets the following criteria: show that you have an allotment under the Indian General Allotment Act and (a) Your proposed development of the the Act and are using the land covered classified pursuant to the provisions of allotment is economically feasible; by your allotment in accordance with § 2530.10 and part 2400 of this chapter. (b) An environmental assessment, as the Act’s requirements. required under the National (d) You may apply on behalf of a § 2530.17 What additional requirements Environmental Policy Act, shows that minor child, but you must show that must I meet to have my application approved? the proposed development is a suitable your child resides with and receives use of the requested land; and subsistence from you. In addition to the requirements stated (c) You have met the other in § 2530.12 and § 2530.13, you must qualifications identified in § 2530.15. § 2530.15 What steps must I take prior to meet the following requirements: filing an application? (a) Your description of the proposed § 2530.21 How are the public and affected Prior to filing an application for an use of the lands is consistent with all parties made aware of the initial approval of Indian allotment, you should consult State and local zoning requirements, my application? with the appropriate staff in the BLM health and safety codes, and In addition to notifying you of the office that has jurisdiction over the development standards; proposed approval of your application, lands covered by your application to: (b) Your anticipated return from BLM will publish a notice of the (a) Determine availability of the lands proposed approval of your application you wish to apply for and water agricultural use of the lands would support the residents at an income level once a week for 3 consecutive weeks in availability; a newspaper of general circulation in (b) Check for conformity with above that established at a subsistence level for rural agricultural families as the vicinity of the public lands specified approved land use plans; in the application. BLM also will send (c) Provide an explanation of the established by the Bureau of Labor copies of the notice to the Governor of requirements of applicable law and Statistics; and the State, the head of the governing regulations; (c) Where appropriate, your body of any political subdivision having (d) Familiarize you with respective application must include zoning or other land use regulatory Federal and State responsibilities; and documentation that the average rainfall authority in the area within which the (e) Avoid potential conflicts. is adequate for agricultural purposes or public lands covered by the notice are that, under State law, you have § 2530.16 How do I apply for an Indian located, authorized users, and to other appropriated sufficient water to allotment? persons considered by BLM as likely to properly irrigate the allotment. (a) You must file an application in the be interested including, but not limited BLM office having jurisdiction over the § 2530.18 What will BLM do upon receipt to, adjoining and cornering landowners. lands covered by your application in of the above information? accordance with the provisions of § 2530.22 What information will the notice BLM will notify the appropriate State to the public include? regulation § 1821.2 of this chapter. No agencies of your filing and will consult official BLM form is required. The notice that is published in the with those agencies as appropriate. BLM newspaper will include: (b) Your application must be will analyze your proposed uses of the (a) A reference to the applicable land accompanied by a nonrefundable filing lands in accordance with the National use plan; fee of $100 and must include the Environmental Policy Act of 1969 (42 (b) A legal description of the lands; following information: U.S.C. 4331 et seq.) based on data you (1) Name and address (including zip (c) Date of classification and proposed have provided and other available code); if you are applying on behalf of date to allow an allotment; resource information. BLM also requires a minor child, the name and age of child (d) A brief description of the plan of compliance with applicable laws, and the your relationship to the child; development; regulations and policies concerning (2) Name of Indian tribe in which you (e) A statement as to the segregative hazardous substances. claim membership or eligibility for effect; and membership; § 2530.19 What limitations apply to my (f) An invitation for public comment. (3) Documentation from the Bureau of application? Indian Affairs that you or your minor § 2530.23 How will BLM evaluate my The following limitations apply to comments and the comments or concerns children are eligible for an Indian your application: allotment, as provided in § 2530.2; of other interested parties? (4) Legal description of lands being (a) Your filing of an application for an BLM will analyze all comments applied for (township, range, meridian, allotment under the provisions of this received concerning your entry on the section, subdivision, and state) and subpart does not segregate the land or land covered by the allotment. In acreage; confer any right, title, or interest in the analyzing these comments BLM will (5) A plan of development that land; consider the merits of the comments describes the proposed use of the land (b) You may not assign your received. Comments may shed new light and description of improvements to be application for an allotment to another or information on the operation plan for placed on the lands covered by the individual; and your allotment, provide new evidence application; (c) Procedures for and limitations to about environmental issues, provide (6) Types of allotments, if any, that seeking an allotment in the National local or regional governmental data that you previously received under any Act Forests are found in subpart 2532 of this were formerly unknown, and provide of Congress; and part. other new details that pertain to the 53892 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules suitability of approving or rejecting your conveyance to the affected lands; § 2531.5 In the event of my death, will my allotment. however, the lands remain closed to heirs be notified of my eligibility for a trust mineral entry because the minerals are patent? § 2530.24 Can anyone appeal or protest reserved to the United States in trust for In cases where the death of an allottee the proposed decision on the allowance of is reported to BLM, BLM will attempt to my allotment? the individual Indian or Indians, together with the right to lease, extract notify heirs of the allottee that they have For a period of 45 days from the or retain them; 90 days from receipt of the notice to initial date of publication in the (b) If either BLM cancels the allotment submit proof to BLM that the allottee newspaper, you or other parties may file or you relinquish it, on the date and personally settled on the lands covered a protest to the notice of a proposed time specified in an opening order by the allotment and met all other decision granting the allotment, published in the Federal Register; or requirements for a trust patent. BLM according to the procedures found in (c) Automatically, when the 2-year will describe to the heirs what form of part 4,, subpart E of this title. If BLM segregation period or extension ends. proof is acceptable. BLM will cancel the rejects your protest, you have the right § 2530.29 How do lands with existing allotment for failure of your heirs to to appeal the rejection of the protest to submit the proof required by this the Interior Board of Land Appeals by grazing authorizations affect my allotment? When BLM identifies lands for section within the time allowed will following the procedures found in part result in cancellation of the allotment. 4, subpart E of this chapter. disposal and such disposal precludes livestock grazing, BLM will not approve § 2531.6 In the event of my death, may my § 2530.25 If my application is rejected by your allotment until 2 years after we heirs receive a trust patent? BLM, how do I appeal? notify any permittees and lessees that Yes, where an allottee dies after You may appeal BLM’s decision to we may cancel their grazing permit(s) or complying with the requirements to deny you an allotment by following the grazing lease(s) and grazing preference obtain title but prior to issuance of a procedures described in the applicable in accordance with § 4110.4–2(b) of this trust patent, BLM will issue to the heirs provisions of part 4 subpart E of this chapter. A permittee or lessee may of the deceased allottee a trust patent for title. However, you may not appeal or unconditionally waive the 2-year prior lands covered by the allotment without protest the initial suitability and notification. requiring further occupancy or use on classification determination of the lands their part. that resulted from the land use planning Subpart 2531ÐTrust Patents process. Protests of proposed or initial § 2531.1 How do I obtain title to the lands Subpart 2532ÐIndian AllotmentsÐ classification decisions are covered in covered by my allotment? National Forests part 2400 of this title. To be eligible to receive a trust patent § 2532.1 What is the authority for filing an § 2530.26 How do I know when I may begin (title) to the public lands covered by Indian allotment on public lands within a to develop my allotment? your allotment, you must occupy and national forest? BLM will issue a final decision develop your allotment within two Section 31 of the Act of June 25, 1910 approving your application for an years from the date of entry and file an (25 U.S.C. 337), authorizes allotments Indian allotment and authorizing you to application for a trust patent with the on public lands within national forests develop your allotment in accordance BLM office having jurisdiction over the under the Act. with the plan of operation. The decision lands covered by your allotment. will specify the date you may begin this § 2532.2 What limitations do I have in § 2531.2 If I am unable to meet the 2-year applying for an allotment on public lands development work. If the 2-year time requirement for occupying and within a national forest? notification to grazing lessees is developing my allotment, can I obtain an applicable, the allotment will not be extension of time? You may apply only for surveyed or allowed until the 2-year period has Upon your request, BLM may grant an unsurveyed public lands of the United passed. extension of not more than two States within a national forest, when additional years if you cannot continuous occupancy or improvements § 2530.27 When do lands covered by my implement your plan of operation upon by eligible Indians existed either from application for an allotment become your allotment within the two years June 25, 1910, or at the time the national segregated from appropriation under the forest was created. If there are lands public land laws and mining laws? provided in § 2531.1. BLM will grant an extension only in extraordinary valuable for leasable minerals, BLM may This event takes place on the date the circumstances, such as war, acts of God, approve your application for an decision allowing you to enter the lands or legal delays. allotment, subject to a reservation of the covered by your application is issued. mineral interests of value to the United BLM will note the segregation on the § 2531.3 What criteria must I meet to States. public land records in accordance with obtain a trust patent? § 1813.1 of this chapter. Subject to valid Prior to conveyance of title, BLM will § 2532.3 What conditions must I meet to existing rights, the lands will remain qualify for an allotment on public lands examine the lands covered by your within a national forest? segregated for a period not to exceed 2 allotment to assure compliance with the years from the date of decision, unless provisions of this part. When BLM has To meet the qualification BLM grants an extension of time due to determined that you have, settled the requirements, you must be an Indian circumstances specified under § 2531.2. lands covered by your allotment in who occupies, lives on, or has accordance with your plan of improvements on the lands. No other § 2530.28 When will the segregative effect conditions qualify you for an Indian on my allotment terminate? development, BLM will issue a trust patent to you. allotment. If you are entitled to an The segregative effect on your allotment on any existing Indian allotment terminates when one of the § 2531.4 If my allotment is unsurveyed, reservation, or belong to any Indian following events occurs: may I receive a trust patent? tribe that does not have a reservation, or (a) Automatically, when BLM issues No. Your allotment must be surveyed the reservation is insufficient in size to you a patent or other document of before BLM may issue a patent. afford an allotment to each member of Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules 53893 that tribe, you are not entitled to an DEPARTMENT OF COMMERCE Androscoggin and Kennebec Rivers) in allotment. Kennebec, Sagadahoc and Lincoln National Oceanic and Atmospheric Counties, ME, from the List of § 2532.4 How do I apply for an Indian Administration Endangered and Threatened Wildlife allotment on public lands within a national (50 CFR 17.11). In support of its forest? 50 CFR Part 227 petition, petitioner cited research To apply for an allotment on public [Docket No. 960917262±6262±01; I.D. conducted on shortnose sturgeon in the lands within a National Forest, you 122294A] Androscoggin and Kennebec Rivers over must submit an application to the the last two decades and an initial Listing Endangered and Threatened District Ranger or the Forest Supervisor population estimate averaging 11,000 Species; Shortnose Sturgeon in the of the particular forest where the lands adult shortnose sturgeon. Additionally, Androscoggin and Kennebec Rivers, are located. Your application must density data (shortnose sturgeon per ME contain the information specified in hectare) reported from six river § 2530.16. You must also remit a AGENCY: National Marine Fisheries populations, including the Kennebec nonrefundable filing fee of $100. Service (NMFS), National Oceanic and River, were used to infer that, at least, Atmospheric Administration (NOAA), the Kennebec River system was § 2532.5 How will my application be Commerce. supporting a shortnose sturgeon processed? population near carrying capacity. ACTION: Denial of petition. On January 6, 1995, NMFS issued a (a) The responsible Forest Service SUMMARY: NMFS finds that a petitioned 90-day finding (60 FR 2070) that the official will process your application in action to remove shortnose sturgeon petition presented substantial accordance with the regulations at 36 (Acipenser brevirostrum) occurring in information indicating that the CFR 254.50, unless the land is the Androscoggin and Kennebec Rivers petitioned action may be warranted. withdrawn or otherwise unavailable for from the List of Endangered and NMFS initiated a status review of filing. If the lands are not available for Threatened Wildlife is not warranted at shortnose sturgeon occurring within the filing, the Forest Service will notify this time. Androscoggin and Kennebec Rivers and, BLM that the lands are not available, Shortnose sturgeon in the using the best scientific and commercial and your application will be rejected. Androscoggin and Kennebec Rivers data available, assessed whether (b) The Secretary of Agriculture will continue to face substantial threats to shortnose sturgeon inhabiting the determine whether any of the lands you their habitat and/or range, and existing Androscoggin and Kennebec Rivers applied for are more valuable for regulatory mechanisms other than the could be delisted as requested by the agriculture or grazing than for the Endangered Species Act (ESA) are petitioner. When originally listed, shortnose timber found on the land. He or she will inadequate to ensure the detailed review and management of these threats. sturgeon were considered endangered send the application, this finding, and a throughout their range in the eastern report on the suitability of the land for Moreover, the Petersen population estimate used by the petitioner is higher United States, though not all extant disposal under the Act, to the Secretary and less reliable than the best estimate populations were identified at the time of the Interior. The land suitability accepted by NMFS. The Schnabel of their original listing. Today, at least report will analyze such factors as population estimate used by NMFS also 17 populations of shortnose sturgeon are physical characteristics of the land, has limitations, but is the best available known within the species’ wide potential uses and users of the land, information upon which a listing latitudinal range. Recognizing that the land use planning, and environmental decision can be based. NMFS lacks knowledge concerning shortnose considerations. critical, recent information on sturgeon increased during the years (c) Upon receipt of a determination population dynamics (e.g., natality, following the species’ ESA listing, and suitability report from the Secretary natural mortality, age or size structure) NMFS began a status review in the late of Agriculture, the Secretary of the that could be used to assess how well 1980s to assess whether individual Interior will, after consideration of all the Androscoggin River and Kennebec shortnose sturgeon populations should relevant information, decide if the land River breeding populations are be considered ‘‘distinct’’ for ESA 1 applied for is suitable for disposal under replacing themselves over time. purposes. Further, the status review was also used to investigate changes to the Act. If the Secretary approves the ADDRESSES: A copy of the Status Review the listing status of these individual application, BLM will issue a trust of Shortnose Sturgeon in the populations in instances where changes patent in accordance with subpart 2531 Androscoggin and Kennebeck Rivers appeared warranted. In the 1987 status of this part. (NMFS, 1996) is available upon request to the National Marine Fisheries review, NMFS stated that: § 2532.6 What may I do if my application Service, Office of Protected Resources the differences reported in longevity, is rejected? (F/PR), 1315 East-West Highway, Silver growth rates, and age at sexual maturity Spring, MD, 20910. between shortnose sturgeon from the If the Secretary determines that the northern and southern extremes of its range FOR FURTHER INFORMATION CONTACT: land covered by your application is not are expected in any species with a wide suitable for disposal under the Act, BLM Marta Nammack, Endangered Species latitudinal distribution. The best available will send you a decision to this effect. Division, NMFS, (301/713–1401). information also indicates differences in life You may appeal a decision rejecting SUPPLEMENTARY INFORMATION: history and habitat preferences between the northern and southern river systems your application under the provisions Petition Background contained in part 4, subpart E of this On September 19, 1994, NMFS 1 In the 1978 amendments to the ESA, the title. received a petition from Edwards definition of ‘‘species’’ was changed to: ‘‘any [FR Doc. 96–26103 Filed 10–15–96; 8:45 am] subspecies of fish or wildlife or plants, and any Manufacturing Company, Inc., to distinct population segment of any species of BILLING CODE 4310±84±P remove shortnose sturgeon in the vertebrate fish or wildlife which interbreeds when Kennebec River system (the mature.’’ 53894 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules

(Dadswell et al., 1984) although available Rivers. The Maine Department of substantially isolated reproductively genetic and morphometric data do not Marine Resources (MDMR) began from other conspecific populations. support any taxonomic splitting of the studying sturgeon in the Kennebec and species. However, given the species’ Shortnose sturgeon populations show Androscoggin Rivers in 1977 to a high degree of reproductive isolation anadromous breeding habits, it is unlikely determine the distribution and that populations in adjacent river systems (Dadswell, 1976; Dadswell et al., 1984). interbreed with any regularity. Therefore, abundance of adults of the species. The Ocean captures of shortnose sturgeon until interbreeding is confirmed, we will MDMR conducted a pooled adult are extremely rare, and straying rates consider each population within a river population estimate for the between stocks, though unmeasured, Androscoggin and Kennebec Rivers system to be a distinct unit under the ESA appear to be very low, based on the lack definition of ‘‘species.’’ using the Petersen and Schnabel of recaptures of tagged fish in adjacent population size estimators (Krebs, The 1987 status review also indicated rivers. Given this pattern, which seems 1989). These estimates involve marking that the listing status of the shortnose to predominate more in the northern sturgeon population in the Kennebec and recapturing fish and incorporate similar assumptions about the portion of the sturgeon’s range, some River system (including the authors have suggested that Androscoggin River) should be re- population, though the calculations differ in slight but significant ways. The ‘‘amphidromy’’ (limiting migrations to evaluated and that available information NMFS and the MDMR agree that the natal estuaries) best describes the indicated that the ‘‘population’’ in the Schnabel estimate is more reliable than shortnose sturgeon’s life history pattern Kennebec and Androscoggin Rivers may the Petersen estimate for a multiple (Bain, in press; Kynard, in press). no longer require protection under the census-based population estimate. Squiers et al. (1981) captured fish in ESA. This suggestion was met with Although the two estimates are point spawning condition in the disagreement in the scientific estimates derived from 15-year-old data, Androscoggin and Kennebec Rivers in community in comments NMFS these data provide the best available May of 1980 and 1981. This information received on the status review. Therefore, information on the distribution and indicates that each river supports a team of NMFS biologists and other abundance of adult shortnose sturgeon spawning populations of shortnose scientists from state and private occurring in the Kennebec and sturgeon, though it does not provide agencies was convened to critically Androscoggin River systems. conclusive evidence for river-specific review the 1987 status review and Based on the joint NMFS/U.S. Fish spawning stocks. However, there is assess the merits of the listing and Wildlife Service (USFWS) policy ample evidence from other, well-studied recommendations contained within the regarding the recognition of DPSs under sturgeon populations to support a trend status review. However, the team did the ESA (61 FR 4722, February 7, 1996), of river-specific spawning (Buckley and not complete its task, and no changes to the following criteria are considered in Kynard, 1985; Dadswell et al., 1984; the listing status of shortnose sturgeon determining the status of a possible DPS Dovel, 1981; O’Herron et al., 1992). populations were proposed. under the ESA: (1) Discreteness of the Based on this information, and to be Section 4(a) of the ESA mandates that population segment in relation to the biologically conservative with respect to the Secretary of Commerce determine remainder of the species to which it stock discreteness, NMFS considers whether a species is an endangered or belongs; (2) the significance of the shortnose sturgeon populations in the threatened species because of any of the population segment in relation to the Androscoggin and Kennebec Rivers following factors: (A) The present or remainder of the species to which it likely to be reproductively separate, threatened destruction, modification, or belongs; and (3) the population’s and, therefore, discrete populations. curtailment of its habitat or range; (B) conservation status in relation to ESA overutilization for commercial, standards for listing (i.e., is the Significance recreational, or scientific, or educational population segment, when treated as if With such limited information on the purposes; (C) disease or predation; (D) it were a species, endangered or biology and ecology of either population the inadequacy of existing regulatory threatened?). These three criteria are and the habitats occupied by shortnose mechanisms; or (E) other natural or discussed briefly below and in more sturgeon in both systems, NMFS is manmade factors affecting its continued detail in the status review. existence. NMFS, in determining unable to assess the biological or whether to delist a species, must Discreteness ecological significance of either consider the same five factors. To be discrete, a sturgeon population population segment independently. must be markedly separated from other Although the populations in question Status as a ‘‘Species’’ Under the ESA populations of the same taxon as a may meet the first criterion of a DPS In response to this petition, NMFS consequence of physical, physiological, (discreteness), there are not enough conducted a peer-reviewed status ecological, or behavioral factors, or be biological data currently available to review of shortnose sturgeon in the delimited by international boundaries. classify each population as a DPS. Androscoggin and Kennebec Rivers to Quantitative measures of genetic or Therefore, NMFS’ 1987 decision to determine if the populations inhabiting morphological discontinuity may combine the Androscoggin and these rivers were separate DPSs under provide evidence for this separation. Kennebec River populations as a single the ESA definition of ‘‘species.’’ That Waples (1991) and NMFS (56 FR 58612, distinct unit, for ESA purposes, is report, ‘‘Status Review of Shortnose November 20, 1991) provided guidance consistent with the current DPS policy. Sturgeon in the Androscoggin and for determining the ‘‘discreteness’’ and NMFS refers to this DPS as the Kennebec Rivers (NMFS, 1996),’’ is evolutionary significance of Pacific Androscoggin/Kennebec Rivers DPS available upon request (see ADDRESSES). salmon populations. This guidance was comprised of the Androscoggin and Significant findings described in the used to develop the current policy on Kennebec River breeding populations. status review, as they pertain to this DPSs that applies to all vertebrates. In Further studies may reveal significant petition finding, are summarized below. making a determination of population differences and, if warranted at a future Shortnose sturgeon occur in the distinctness under the ESA, Waples time, necessitate separate DPS listings estuarine complex formed by the (1991) recommends, as a first step, for both the Androscoggin River and Androscoggin, Kennebec, and Sheepscot considering whether a population is Kennebec River populations. Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules 53895

Conservation Status in Relation to ESA near carrying capacity regarding protected status; (3) the influence of Standards for Listing available food production.’’ This disease or predation on shortnose The most reliable population estimate conclusion is unfounded because the sturgeon in the Androscoggin and for shortnose sturgeon in the Petersen population estimate used by Kennebec Rivers has not been Androscoggin and Kennebec Rivers DPS the petitioner to derive density investigated; (4) existing regulatory is the composite Schnabel estimate: An estimates is questionable because it was mechanisms other than the ESA limit average of 7,222 with a 95 percent not based on a statistically reliable the direct harvest of shortnose sturgeon confidence interval of 5,046 to 10,765 sample size and it relied on a faulty but are inadequate to ensure the (Squiers et al., 1981). This is considered methodology and inaccurate statistical detailed review of potentially damaging to reflect a combined population of assumptions (NMFS, 1996). NMFS construction activities that are closely adult shortnose sturgeon that spawn considers the Schnabel estimate of 7,222 scrutinized through the ESA Section 7 throughout the Androscoggin/Kennebec fish to be the best estimate of the adult consultation process; and (5) NMFS is Rivers DPS. Shortnose sturgeon are segment of the populations comprising not aware of any other natural or known to spawn in cycles, and both the Androscoggin and Kennebec anthropogenic factors affecting estimates indicate that adults may Rivers. Also, NMFS lacks critical shortnose sturgeon survival in the spawn at intervals of 3 years (Dovel, information about current river-specific Androscoggin and Kennebec Rivers 1981; Dadswell et al., 1984). Thus, of population sizes and shortnose sturgeon DPS. this group of potential spawners, only population dynamics in the Documented recovery criteria for one third are expected to spawn each Androscoggin and Kennebec Rivers to shortnose sturgeon populations do not year (Dovel, 1981; Boreman, 1992). assess density-dependent and density- currently exist, although the NMFS Using the adult population estimates independent factors that might lead to Shortnose Sturgeon Recovery Team obtained by the MDMR, the range of an estimate of carrying capacity. Finally, established in 1992 is presently drafting census adult population sizes is 1,682 to the petitioner’s estimate of hectares of a Shortnose Sturgeon Recovery Plan that 3,588 fish, one-third of the total adult bottom habitat is not a direct measure of will include such criteria. In the population size or the number of prey density. Without knowledge that absence of these criteria, and as a annually spawning fish. This range suitable habitat exists for shortnose supplement to NMFS’ analysis of the reflects a combined estimate for adult sturgeon (i.e., that it is adequate for five ESA listing factors, NMFS used fish inhabiting both the Androscoggin reproduction, foraging, and interim criteria from the conservation and Kennebec Rivers (the breeding overwintering), an estimate of bottom biology literature to evaluate the status populations constituting the surface area is not meaningful. of shortnose sturgeon populations in the Androscoggin/Kennebec DPS). The The petitioner also cited Dadswell et Androscoggin and Kennebec Rivers. estimate of the subpopulation in each al. (1984) to support the assertion that This additional information is discussed river is unknown. Potentially, shortnose sturgeon densities are high with respect in the ‘‘Status Review of Shortnose sturgeon in one of these rivers may be to available bottom habitat. However, Sturgeon in the Androscoggin and persisting at extremely low levels. Dadswell et al. (1984) point out that Kennebec Rivers (NMFS, 1996).’’ making assumptions about total NMFS also examined indices of catch- Determination per-unit effort, length/age frequencies, population sizes from discrete estimates and other types of data to evaluate the of foraging population sizes is not NMFS finds that the petitioned action breeding populations in the sound: to delist shortnose sturgeon in the Androscoggin/Kennebec Rivers DPS. Population size projections, for rivers with Androscoggin and Kennebec Rivers is Catch-per-unit effort has increased in poorly known populations, that use densities not warranted at this time. Based on the the Androscoggin River (Squiers et al., calculated for feeding concentrations rather factors specified in the ESA to guide 1993), and may be viewed as a positive than average densities * * * are inappropriate. listing decisions, NMFS concludes that indication that this population was The Petersen estimate cited was shortnose sturgeon in the Androscoggin recruiting successfully in the early derived from an average of nine mark- and Kennebec Rivers DPS continue to 1980s. A current population estimate, recapture estimates that were face substantial threats to their habitat using similar capture methodology to concentrated on the summer feeding and/or range and that existing that in the previous estimate, could be grounds of adult shortnose sturgeon. regulatory mechanisms other than the used to confirm this. NMFS does not NMFS’ ‘‘Status Review of Shortnose ESA are inadequate to ensure the have adequate length frequency data for Sturgeon in the Androscoggin and detailed review and management of either the Androscoggin or Kennebec Kennebec Rivers’’ (NMFS, 1996) these threats. The potential of habitat Rivers to construct age or size- analyzed the five listing factors from modification or direct takes of shortnose structured population models for each section 4(a) of the ESA and reached the sturgeon to impede the recovery of the breeding population. This severely following conclusions: (1) Shortnose species in the Androscoggin and impedes NMFS’ ability to assess the sturgeon in the Androscoggin and Kennebec Rivers warrants serious listing status of Androscoggin/Kennebec Kennebec Rivers continue to face consideration before any changes are Rivers DPS. Section 4(b)(1) of the ESA substantial threats to their habitat and/ made in the species’ listing status. requires that all decisions to list, change or range due to hydroelectric facilities, Moreover, the Petersen population the status of, or delist a species be based channel dredging, and the introduction estimate used by the petitioner is higher on the best scientific and commercial of pollutants via sewage treatment and less reliable than the best data available. plants, paper mills, and other industrial (Schnabel) estimate accepted by NMFS. Using the Petersen population facilities; (2) overutilization of shortnose Even if the Petersen population estimate estimate of 10,000 fish in the sturgeon for commercial, recreational, was accepted, NMFS lacks critical, Androscoggin and Kennebec Rivers, the scientific, or commercial purposes is not recent information on population petitioner cited calculations of average currently a threat in the Androscoggin dynamics (e.g., natality, natural density (shortnose sturgeon per hectare) and Kennebec Rivers, but pressure for mortality, age or size structure) needed to infer that the Kennebec River commercial utilization could increase if to assess how well the Androscoggin shortnose sturgeon population is ‘‘at or the species were removed from River and Kennebec River breeding 53896 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules populations are replacing themselves over time. In consideration of the DPS definition for shortnose sturgeon, NMFS concludes that available data are insufficient to warrant designating the individual populations in the Androscoggin River and Kennebec River as DPSs (species) under the ESA. Therefore, as first determined in NMFS’ 1987 status review, NMFS views shortnose sturgeon in the Androscoggin and Kennebec Rivers as a single DPS comprised of at least two local breeding populations. Future studies may reveal significant differences and, if warranted, necessitate separate DPS listings for the Androscoggin River and Kennebec River populations. Dated: October 9, 1996. Rolland A. Schmitten, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 96–26387 Filed 10–15–96; 8:45 am] BILLING CODE 3510±22±F 53897

Notices Federal Register Vol. 61, No. 201

Wednesday, October 16, 1996

This section of the FEDERAL REGISTER State Parks, natural areas, and wildlife ADDRESSES: Requests for information, contains documents other than rules or management areas are found in each of and comments concerning this Notice proposed rules that are applicable to the the three states—Arkansas, Missouri, can be sent to Team Leader, Ozark/ public. Notices of hearings and investigations, and Oklahoma—in the assessment area. Ouachita Highlands Assessment, USDA committee meetings, agency decisions and The majority of the land within the Forest Service, P.O. Box 1270, Hot rulings, delegations of authority, filing of petitions and applications and agency analysis area is in private ownership of Springs, Arkansas 71902. many types and sizes. Several forest statements of organization and functions are SUPPLEMENTARY INFORMATION: examples of documents appearing in this product companies have expansive section. holdings that are managed primarily for 1. Preparation of the Ozark/Ouachita timber production. Highlands Assessments This Notice also announces the The Ozark/Ouachita Highlands DEPARTMENT OF AGRICULTURE beginning of efforts to revise the Land Assessment includes approximately 45 and Resource Management Plans (Forest million acres within the states of Forest Service Plans) for the Ouachita, Ozark-St. Missouri, Arkansas, and Oklahoma. Notice of the Preparation of the Ozark/ Francis, and Mark Twain National Federal lands make up less than 15 Ouachita Highlands Assessment and Forests. This is not the ‘‘Notice of percent of the area; but their importance the Beginning of Forest Plan Revision Intent’’ (NOI) for the Environmental for recreation, plant and animal Efforts for the Ouachita, Ozark-St. Impact Statements (EISs) that will diversity, forest cover, local economic Francis, and Mark Twain National accompany the Revised Forest Plans. development, wood products, water and Forests Those NOIs will be issued at a later minerals is substantial. The region as a date. whole is undergoing fairly rapid change, AGENCY: Forest Service, USDA. The Ozark/Ouachita Highlands marked by population growth in many ACTION: Notice. Assessment will support and facilitate counties; market shifts; increased land and resource management pressures on timber, water, mineral, and SUMMARY: This Notice announces the decisions to be made in Forest Plan recreational resources; expanding U.S. Forest Service’s participation in the revisions. As the National Forests are transportation networks; and changing preparation of the Ozark/Ouachita providing information for the Ozark/ agricultural and silvicultural practices. Highlands Assessment (OOHA). The Ouachita Highlands Assessment, they Future decisions about public land Assessment is being prepared by the will also be conducting local efforts to management in the Ozark/Ouachita Southern and Eastern Regions of the complete each National Forest’s Highlands must be made within this National Forest System, the Southern Analysis of the Management Situation context of social, economic, and Research Station, and the North Central (AMS). environmental change. The Assessment Forest Experiment Station, in The Assessment will be used to help will provide a synthesis of available cooperation with other Federal and develop each National Forest’s ‘‘Need information, including databases, maps, State agencies, in order to compile for Change’’ section in the AMS. This and research findings, that supports an information about regional conditions information will then be used to publish interagency approach to ecosystem and trends relevant to upcoming the NOIs to prepare the Environmental management on federal lands in the revisions of the land and resource Impact Statements, which will begin the Ozark/Ouachita Highlands area. management plans of three National National Environmental Policy Act Collection of existing broad-scale data Forests. Assessment findings will help (NEPA) processes associated with each concerning the Ozark/Ouachita establish the need for any changes in Forest Plan revision. Highlands is organized around three National Forest land and resource ‘‘themes’’—(1) Social and Economic Public involvement is critical management plans and, possibly, land (Human Dimensions)—which includes throughout these processes and will be management plans of some other public social conditions and trends, economic requested and accepted continually lands in the Ozark/Ouachita Highlands. conditions and trends, attitudes and throughout these efforts. Formal public National Forest lands within the study values, and roadless areas and involvement with the Forest Plan area include those of the Ouachita, wilderness; (2) Terrestrial—which revision efforts will also be conducted Ozark-St. Francis, and Mark Twain includes the Health of Forest through ‘‘Scoping’’, following the National Forests, totalling nearly 4.5 Ecosystems, and Plant and Animal issuance of the National Forests’ NOIs. million acres. Other federal lands Resources; and (3) Aquatic/ within the assessment area include DATES: The Ozark/Ouachita Highlands Atmospheric—which includes the National Park Service lands (Hot Assessment is scheduled to be present status and trends in water and Springs National Park, the Ozark completed by January 1998. air quality. National Scenic Riverways, Buffalo The Ouachita, Ozark-St. Francis, and Public comment on the OOHA National River, and several smaller the Mark Twain National Forests are process began with a meeting of the untis); more than 20 reservoirs managed scheduled to complete the drafts of their Ouachita National Forest’s Ecosystem by the U.S. Army Corps of Engineers, Analyses of the Management Situation Management Advisory Committee in including Lake Ouachita, Greers Ferry by mid-1998. During this same time Little Rock, Arkansas, March 28, 1996, Lake, Eufala Lake, Bull Shoals Lake, and period, these Forests are scheduled to and another meeting of the committee in Table Rock Lake; and at least six issue NOIs to Prepare Environmental Fort Smith, Arkansas, May 17, 1996. A National Wildlife Refuges administered Impact Statements for Revised Forest public announcement and related press by the U.S. Fish and Wildlife Service. Plans. notice concerning the Assessment were 53898 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices distributed on July 15, 1996. As the Ozark/Ouachita Highlands. However, ACTION: Notice of meeting. Assessment progresses, continued the OOHA is being conducted public involvement will be facilitated concurrently, and in support of, the SUMMARY: The Southwest Oregon PIEC through additional meetings, Forest Plan revisions. Advisory Committee will meet on newsletters, and electronic media. Many of the information needs for the October 24, 1996 at Brookings Inn, Brookings, Oregon. The meeting will 2. Beginning of the Forest Plan Revision Forest AMSs and for the OOHA are the begin at 9:00 a.m. and continue until Efforts for the Ouachita, Ozark-St. same. The Assessment will support the 4:15 p.m. Agenda items to be covered Francis, and Mark Twain National revision of the Forest Plans by include: (1) Local area issues Forests determining how the lands, resources, people and management of the National presentation; (2) Guidelines for new This Notice announces that the Forests interrelate within the larger working groups; (3) Grazing committee Ouachita, Ozark-St. Francis, and Mark context of the Ozark/Ouachita report; (4) Year-end review of Province Twain National Forests have already Highlands Area. The OOHA, however, Advisory Committee work, and (5) started or are beginning efforts to revise will not be a ‘‘decision document’’ and Public comments. All Province their Forest Plans. These Forests are it will not involve the NEPA process. As Advisory committee meetings are open each in the very early stages of broad-scale issues are identified and to the public. Interested citizens are preparing an AMS, one of the first steps addressed at the sub-regional level in encouraged to attend. in the revision process. This step the Assessment, the individual National FOR FURTHER INFORMATION CONTACT: includes updating resource inventories, Forest’s role in resolving those broad- Direct questions regarding this meeting defining the current situation, scale issues will become a part of the to Kurt Austermann, Province Advisory estimating supply capabilities and ‘‘need for change’’ at the Forest level. resource demands, and determining the Committee staff, USDI, Medford District, ‘‘Need for Change’’ (36 CFR 6. Issuing the Notice of Intent to Bureau of Land Management, 3040 219.12(e)(5)). Prepare an EIS Biddle Rd., Medford, Oregon 97504, phone 541–770–2200. 3. Public Involvement in Developing the The National Forests identified above Dated: October 8, 1996. ‘‘Need for Change’’ in an AMS will issue their NOI once they have developed the ‘‘Need for Change’’ Charles J. Anderson, Determining the concerns and section of their respective Draft AMSs. Acting Forest Supervisor, Designated Federal expectations of National Forest The Draft AMSs are scheduled to be Official. constituents and getting public input on completed by mid-1998; NOIs are also [FR Doc. 96–26444 Filed 10–15–96; 8:45 am] how well current Forest Plans are scheduled to be issued during this same BILLING CODE 3410±11±M working, or not working, are critical time period. elements of describing the ‘‘need to Each NOI will include a description change’’ a Forest Plan. An integral part of a preliminary ‘‘Proposed Action’’, Natural Resources Conservation of determining the need for change is based on the ‘‘Need for Change’’ Service public involvement. Each of the analysis in the Draft AMS, the National Forests described above either preliminary issues, and some Advisory Committee Meeting; have already, or will soon contact its preliminary alternatives. Scoping to Cancellation interested publics to solicit their receive public comments on the participation in this step of the Forest preliminary propose action, issues and AGENCY: Natural Resources Plan revision process. preliminary alternatives will begin Conservation Service. 4. Relationship Between the AMS and following the publication of the NOIs. ACTION: Notice. a Notice of Intent to Prepare an These public comments will be used to Environmental Impact Statement further refine the ‘‘Proposed Action’’, SUMMARY: The Natural Resources In the past, a ‘‘Notice of Intent to the preliminary issues and the Conservation Service is cancelling the Prepare an Environmental Impact preliminary alternatives, to possibly meeting of the Task Force on Statement’’ was issued at the beginning identify additional alternatives, and to Agricultural Air Quality scheduled for of the forest planning process, including complete the AMS and the ‘‘Need for October 25, 1996, to provide time to before the development of the AMS. Change.’’ complete the selection process for Task This time, we are first defining the 7. The Responsible Official Force membership. A rescheduling of current situation and an initial ‘‘need this meeting will be announced in the for change’’ in a Draft AMS, and then The Responsible Official for this Federal Register in approximately 90 issuing a NOI prior to developing notice is Bill Pell, Assessment Team days under Notices. The original alternatives. This will allow us to Leader, USDA Forest Service, 100 meeting was announced in the Federal incorporate a more definable ‘‘Proposed Reserve Street, Box 1270, Federal Register of October 7, 1996 (61 FR Action’’ and ‘‘Purpose and Need’’ into Building, Hot Springs, Arkansas 71902. 52406). our NOIs, which will begin the formal Dated: October 9, 1996. FOR FURTHER INFORMATION CONTACT: NEPA process of preparing the EISs that Bill Pell, George Bluhm, University of California, will accompany the Revised Forest Assessment Team Leader. Land, Air, Water Resources, 151 Plans. [FR Doc. 96–26503 Filed 10–15–96; 8:45 am] Hoagland Hall, Davis, CA 95616–6827. 5. Relationship Between the Ozark/ BILLING CODE 3410±11±M Telephone (916) 752–1018, fax (916) Ouachita Highlands Assessment and 752–1552. the Process for Revising the Forest Dated: October 9, 1996 Plans for Each National Forest Southwest Oregon Provincial Richard L. Duesterhaus, Interagency Executive Committee Deputy Chief, Science and Technology. Some individuals may be concerned (PIEC), Advisory Committee that the Ozark/Ouachita Assessment [FR Doc. 96–26478 Filed 10–15–96; 8:45 am] will ‘‘delay’’ revising Forest Plans in the AGENCY: Forest Service, USDA. BILLING CODE 3014±16±P Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53899

COMMISSION ON CIVIL RIGHTS Regional Office at least five (5) working adult and juvenile, endangered, days before the scheduled date of the Sacramento River winter-run chinook Agenda and Notice of Public Meeting meeting. salmon (Oncorhynchus tshawytscha) of the Colorado Advisory Committee The meeting will be conducted associated with a propagation program pursuant to the provisions of the rules at FWS’s Coleman National Fish Notice is hereby given, pursuant to and regulations of the Commission. Hatchery and a captive broodstock the provisions of the rules and program at Steinhart Aquarium in San regulations of the U.S. Commission on Dated at Washington, DC, October 4, 1996. Francisco and the Bodega Marine Civil Rights, that a meeting of the Carol-Lee Hurley, Laboratory in Bodega Bay. Takes of Colorado Advisory Committee to the Chief, Regional Programs Coordination Unit. ESA-listed winter-run chinook salmon Commission will convene at 2:00 p.m. [FR Doc. 96–26479 Filed 10–15–96; 8:45 am] associated with the propagation and and adjourn at 4:00 p.m. on October 31, BILLING CODE 6335±01±P captive broodstock programs is 1996, at the Mile High Center, 1700 currently authorized under permit 747. Broadway, Suite 490, Denver, Colorado Permit 747 was issued to FWS on 80290. The purpose of the meeting is to DEPARTMENT OF COMMERCE August 8, 1991 and will expire on plan for implementation of civil rights November 30, 1996. community forums in Colorado. National Oceanic and Atmospheric The objective of the propagation Persons desiring additional Administration program is to supplement the wild information, or planning a presentation [I.D. 100296J] population. ESA-listed, naturally- to the Committee, should contact produced and artificially-propagated Committee Chairperson Joseph Arcese, Endangered Species; Permits adults are proposed to be captured, 303–556–3139 or John F. Dulles, transported, maintained, and spawned AGENCY: Director of the Rocky Mountain National Marine Fisheries annually in a protected hatchery Regional Office, 303–866–1400 (TDD Service (NMFS), National Oceanic and environment. The progeny of the 303–866–1049). Hearing-impaired Atmospheric Administration (NOAA), captured adults will be adipose fin- persons who will attend the meeting Commerce. clipped, tagged with coded wires, and and require the services of a sign ACTION: Receipt of an application for an released into the wild or transferred to language interpreter should contact the enhancement permit (P45W) and an the captive broodstock program. To Regional Office at least five (5) working application for a scientific research monitor the propagation program, days before the scheduled date of the permit (P622). carcasses of the adult, ESA-listed fish meeting. that return to spawn in the wild are SUMMARY: Notice is hereby given that The meeting will be conducted proposed to be collected from the the U.S. Fish and Wildlife Service in pursuant to the provisions of the rules mainstem Sacramento River and Battle Sacramento, CA (FWS) has applied in and regulations of the Commission. Creek and sampled for tissues and tags. due form for an enhancement permit Dated at Washington, DC, October 3, 1996. The purpose of the captive broodstock and the California Department of Fish program is to maintain the genetic Carol-Lee Hurley, and Game in Sacramento, CA (CDFG) integrity of the ESA-listed salmon Chief, Regional Programs Coordination Unit. has applied in due form for a scientific species in a hatchery environment. The [FR Doc. 96–26480 Filed 10–15–96; 8:45 am] research permit authorizing takes of an captive broodstock program will BILLING CODE 6335±01±P endangered species. provide: Protection against loss of DATES: Written comments or requests for genetic material, a source of gametes for a public hearing on either of these Agenda and Notice of Public Meeting the propagation program, a source of applications must be received on or of the Washington Advisory progeny to supplement the wild fish, before November 15, 1996. Committee security until the habitat conditions in ADDRESSES: The applications and the Sacramento River improve, egg and Notice is hereby given, pursuant to related documents are available for fry for experimental purposes, and a the provisions of the rules and review in the following offices, by potential tool to assist in the recovery of regulations of the U.S. Commission on appointment: the species. Civil Rights, that a meeting of the Office of Protected Resources, F/PR3, CDFG (P622) requests a one-year Washington Advisory Committee to the NMFS, 1315 East-West Highway, Silver scientific research permit for takes of Commission will convene at 9:30 a.m. Spring, MD 20910–3226 (301–713– adult and juvenile, endangered, and adjourn at 12:00 p.m. on October 1401); and Sacramento River winter-run chinook 30, 1996, at the Westin Hotel, 1900 Fifth Director, Southwest Region, NMFS, salmon (Oncorhynchus tshawytscha) Street, Seattle, Washington 98101. The 501 West Ocean Blvd., Suite 4200, Long associated with two studies. Any purpose of the meeting is to discuss and Beach, CA 90802–4213 (310–980–4016). juvenile, ESA-listed, artificially- finalize a draft report on Written comments or requests for a propagated, winter-run chinook salmon disproportionality in the juvenile justice public hearing should be submitted to taken during both studies will be system. the Chief, Endangered Species Division, sacrificed, frozen, and provided to FWS Persons desiring additional Office of Protected Resources. for research. For Study 1, CDFG propose information, or planning a presentation SUPPLEMENTARY INFORMATION: FWS and to establish a pilot program at Knights to the Committee, should contact CDFG request permits under the Landing on the Sacramento River for Committee Chairperson William authority of section 10 of the monitoring juvenile anadromous fish Wassmuth, 206–223–0611, or Philip Endangered Species Act of 1973 (ESA) migration. The purpose of the Montez, Director of the Western (16 U.S.C. 1531–1543) and the NMFS monitoring program is to evaluate the Regional Office, 213–894–3437 (TDD regulations governing ESA-listed fish utility of the site and various sampling 213–894–3435). Hearing-impaired and wildlife permits (50 CFR parts 217– protocols in determining the timing and persons who will attend the meeting 227). abundance of juvenile anadromous and require the services of a sign FWS (P45W) requests a 5-year salmonids emigrating to the language interpreter should contact the enhancement permit for annual takes of Sacramento-San Joaquin Delta. Juvenile, 53900 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

ESA-listed, naturally-produced, juvenile SUMMARY: Notice is hereby given that had been filed by ODFW (P211C) for fish are proposed to be captured (with NMFS has issued an incidental take modification 5 to scientific research rotary screw traps, fyke traps, and a permit and a modification to a scientific permit 818. Modification 5 to permit kodiak trawl), anesthetized, handled, research permit that authorize takes of 818 was issued to ODFW on September allowed to recover from the anesthetic, Endangered Species Act-listed species, 30, 1996. Permit 818 authorizes annual and released. Associated indirect subject to certain conditions set forth takes of adult and juvenile, threatened, mortalities of juvenile, ESA-listed fish therein, to the Oregon Department of Snake River spring/summer chinook are also requested. Fish and Wildlife (ODFW) at Portland, salmon (Oncorhynchus tshawytscha) for For Study 2, CDFG propose to OR and La Grande, OR. scientific research. For modification 5, determine the relationship between ADDRESSES: The applications and permit 818 has been extended to be manageable physical habitat attributes related documents are available for effective for approximately five years. (flow, temperature, channel aspects) and review in the following offices, by Permit 818 was issued to ODFW on anadromous salmonids within the appointment: April 22, 1993 and is now set to expire upper reaches of the Sacramento River Office of Protected Resources, F/PR3, on June 30, 1998. Also for modification and throughout the river system up to NMFS, 1315 East-West Highway, Silver 5, ODFW is authorized an increase in ocean entry. Information relating Spring, MD 20910–3226 (301-713-1401); the takes of adult and juvenile, ESA- spawning distribution (temporal and and listed salmon associated with new spatial), spawning success, juvenile Environmental and Technical studies in the Wallowa River Basin. The survival, production, and emigration Services Division, 525 NE Oregon new research will provide essential will be determined relative to habitat Street, Suite 500, Portland, OR 97232– information on the life history and conditions. This information will be 4169 (503–230–5400). critical habitat of the spring chinook used to identify management actions SUPPLEMENTARY INFORMATION: salmon populations in the Wallowa required for the survival of anadromous The permit and modification to a permit River Basin. The information collected fish resources. Carcasses of adult, ESA- will enable managers to make more listed fish (both in-river and hatchery- were issued under the authority of section 10 of the Endangered Species effective decisions concerning the reared) are proposed to be recovered protection and enhancement of critical and sampled for tissues and tags. Act of 1973 (ESA) (16 U.S.C. 1531– 1543) and the NMFS regulations habitat. Juvenile, ESA-listed, naturally- Issuance of the permit and permit produced, fish are proposed to be governing ESA-listed fish and wildlife permits (50 CFR parts 217–222). modification, as required by the ESA, captured (with rotary screw traps, a was based on a finding that such beach seine, and a kodiak trawl), Notice was published on August 7, 1996 (61 FR 41130) that an application actions: (1) Were requested in good anesthetized, handled, allowed to faith, (2) will not operate to the recover from the anesthetic, and had been filed by ODFW (P211K) for an incidental take permit. Permit 1,017 was disadvantage of the ESA-listed species released. Associated indirect mortalities that are the subject of the permits, and of juvenile, ESA-listed fish are also issued to ODFW on September 30, 1996. Permit 1,017 authorizes ODFW an (3) are consistent with the purposes and requested. policies set forth in section 2 of the ESA Those individuals requesting a annual incidental take of resident, and the NMFS regulations governing hearing should set out the specific fluvial, and anadromous, endangered, ESA-listed species permits. reasons why a hearing on any of the Umpqua River cutthroat trout applications would be appropriate (see (Oncorhynchus clarki clarki) associated Dated: October 9, 1996. ADDRESSES). The holding of such a with the state of Oregon’s recreational Robert C. Ziobro, hearing is at the discretion of the and commercial fisheries in the Acting Chief, Endangered Species Division, Assistant Administrator for Fisheries, Umpqua River Basin. ODFW is charged Office of Protected Resources, National NOAA. All statements and opinions by statute with the management and Marine Fisheries Service. contained in these application protection of the fish and wildlife [FR Doc. 96–26499 Filed 10–15–96; 8:45 am] summaries are those of the applicants resources of the state. An individual BILLING CODE 3510±22±F and do not necessarily reflect the views incidental take permit was issued since of NMFS. ODFW is responsible for establishing the State’s fishing regulations and Dated: October 9, 1996. [I.D. 100396A] controls fishing activities by issuing Robert C. Ziobro, licenses to citizens. Pursuant to the Marine Mammals; Permit No. 976 (P5H) Acting Chief, Endangered Species Division, incidental take authorization, ODFW Office of Protected Resources, National AGENCY: National Marine Fisheries Marine Fisheries Service. will implement a conservation plan that includes measures designed to Service (NMFS), National Oceanic and [FR Doc. 96–26388 Filed 10–15–96; 8:45 am] minimize the incidental take of ESA- Atmospheric Administration (NOAA), BILLING CODE 3510±22±F listed cutthroat trout. ODFW requested Commerce. a five-year permit. However, since ACTION: Scientific research permit [I.D. 100996D] ODFW will monitor the fisheries in the amendment. Umpqua River Basin for at least three Endangered Species; Permits years to obtain more precise information SUMMARY: Notice is hereby given that a request for amendment of scientific AGENCY: on the incidental take of ESA-listed National Marine Fisheries research permit no. 976 submitted by Service (NMFS), National Oceanic and cutthroat trout, NMFS determined that permit 1,017 be issued for a period of Dr. Donald B. Siniff, University of Atmospheric Administration (NOAA), Minnesota, 1987 Upper Buford Circle, Commerce. three years, with annual review and authorization requirements. St. Paul, MN 55108, has been granted. ACTION: Issuance of incidental take Accordingly, Permit 1,017 will expire ADDRESSES: The amendment and related permit 1,017 (P211K) and modification on September 30, 1999. documents are available for review 5 to scientific research permit 818 Notice was published on August 6, upon written request or by appointment (P211C). 1996 (61 FR 40821) that an application in the following office(s): Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53901

Permits Division, Office of Protected stranded rehabilitated or permanently in meeting clinical trial goals and arrival Resources, NMFS, 1315 East-West captive stock. The proposed at conclusions regarding the safety and Highway, Room 13130, Silver Spring, experiments would take place at Sea efficacy of emerging therapies in the MD 20910 (301/713–2289); World parks in California, Texas, Ohio, treatment of cancer. At this time, there Director, Northeast Region, NMFS, and Florida, over a 2 1/2 year period. is insufficient demonstration data for a One Blackburn Drive, Gloucester, MA The requested permit has been issued full evaluation of costs associated with 01930–2298 (508/281–9250). under the authority of the Marine enrollment in clinical trials. Extending SUPPLEMENTARY INFORMATION: On July Mammal Protection Act of 1972, as the demonstration for an additional year 26, 1996, notice was published in the amended (16 U.S.C. 1361 et seq.) and will allow sufficient time for patient Federal Register (61 FR 39120) that an the Regulations Governing the Taking accrual to clinical trials and collection amendment of permit no. 976, issued on and Importing of Marine Mammals (50 of data which allows for comprehensive August 29, 1995 (60 FR 46576), had CFR part 216). economic analysis. This demonstration been requested by the above-named Dated: October 3, 1996. project is under the authority of 10 U.S.C. 1092. individual. The requested amendment Ann D. Terbush has been granted under the authority of EFFECTIVE DATE: January 1, 1997. Chief, Permits and Documentation Division, the Marine Mammal Protection Act of Office of Protected Resources, National FOR FURTHER INFORMATION CONTACT: 1972, as amended (16 U.S.C. 1361 et Marine Fisheries Service. Linda Bynum, (703) 697-4111. seq.), and the provisions of § 216.39 of [FR Doc. 96–26390 Filed 10–15–96; 8:45 am] SUPPLEMENTARY INFORMATION: the Regulations Governing the Taking BILLING CODE 3510±22±F and Importing of Marine Mammals (50 Background CFR part 216). On January 24, 1996, the Department Dated: October 3, 1996. CONGRESSIONAL BUDGET OFFICE provided notice in the Federal Register Ann D. Terbush, (61 FR 1899) of an expansion of an Chief, Permits and Documentation Division, Notice of Transmittal of Final existing demonstration for breast cancer Office of Protected Resources, National Sequestration Report for Fiscal Year treatment clinical trials to include all Marine Fisheries Service. 1997 to Congress and the Office of cancer treatment clinical trials under [FR Doc. 96–26389 Filed 10–15–96; 8:45 am] Management and Budget approved National Cancer Institute BILLING CODE 3510±22±F (NCI) clinical trials. The demonstration Pursuant to Section 254(b) of the purpose is to improve beneficiary access Balanced Budget and Emergency Deficit to promising new therapies, assist in [I.D. 092796D] Control Act of 1985 (2 U.S.C. 904(b)), meeting the National Cancer Institute’s the Congressional Budget Office hereby clinical trial goals, and arrival at Marine Mammals; Scientific Research reports that it has submitted its Final conclusions regarding the safety and Permit No. 1016 (P167H) Sequestration Report for Fiscal Year efficacy of emerging therapies in the AGENCY: National Marine Fisheries 1997 to the House of Representatives, treatment of cancer. The January 24, Service (NMFS), National Oceanic and the Senate, and the Office of 1996, notice anticipated the possibility Atmospheric Administration (NOAA), Management and Budget. of extending the demonstration. Commerce. Stanley L. Greigg, The NCI trials program is the ACTION: Issuance of permit. Director, Office of Intergovernmental principal means by which the oncology Relations, Congressional Budget Office. community has developed clinical SUMMARY: Notice is hereby given that [FR Doc. 96–26625 Filed 10–11–96; 12:22 evidence for the efficacy of various Hubbs-Sea World Research Institute, pm] treatment approaches in cancer therapy. 2595 Ingraham Street, San Diego, CA BILLING CODE 9707±02±M Participating institutions include NCI’s 92109, has been issued a permit to take network of comprehensive and clinical (i.e., harass) several species of small cancer centers, university and cetaceans and pinnipeds for scientific DEPARTMENT OF DEFENSE community hospitals and practices, and research purposes. military treatment facilities. Despite this ADDRESSES: The permit and related Office of the Secretary extensive network which includes the documents are available for review nation’s premier medical centers, cure upon written request or by appointment Cancer Treatment Clinical Trials rates for most types of cancer remain in the following office(s): AGENCY: Office of the Secretary, DOD. disappointing, highlighting the Permits Division, Office of Protected ACTION: Notice of extension of significant effort still required for Resources, NMFS, 1315 East-West demonstration project. improvement. The principal means by Highway, Room 13130, Silver Spring, which advances in therapy will be MD 20910 (301/713–2289); and SUMMARY: This notice is to advise realized is through application of Director, Southwest Region, NMFS, interested parties of a one-year research to victims of cancer. In support 501 West Ocean Blvd., Long Beach, CA extension of a demonstration project in of NCI’s efforts to further the science of 90802–4213 (310/980–4001). which the DOD provides CHAMPUS cancer treatment, the Department SUPPLEMENTARY INFORMATION: On July 9, reimbursement for eligible beneficiaries expanded its breast cancer 1996, notice was published in the who receive cancer treatment under demonstration to include all NCI- Federal Register (61 FR 37882) that a approved National Institutes of Health, sponsored phase II and phase III clinical request for a scientific research permit National Cancer Institute (NCI) clinical trials. This expanded demonstration to take (i.e., harass) several species of trials. Participation in these clinical will enhance current NCI efforts to small cetaceans and pinnipeds during trials will improve access to promising determine safety and efficacy of experiments to measure their interaction cancer therapies for CHAMPUS eligible promising cancer therapies by with fishing gear equipped with pingers beneficiaries when their conditions expanding the patient population had been submitted by the above-named meet protocol eligibility criteria. DOD available for entry into clinical trials organization. Animals would be from financing of these procedures will assist and stabilizing the referral base for these 53902 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices clinical activities. While this Room A105, The Nash building, 1400 Section 504 Self-evaluation. The demonstration provides an exception to Key Boulevard, Rosslyn, Virginia. Department received comments from current CHAMPUS benefit limitations, Under the provisions of section 10(d) nine commenters, primarily the Department hypothesizes that this of Public Law 92–463, the Department organizations representing or involved increased access to innovative cancer of Defense has determined that the with people with disabilities, and those therapies will occur at a cost meetings meet the criteria to close comments and the Department’s comparable to that which the meetings to the public because the responses are discussed in Appendix F Department has experienced in paying matters to be considered are related to to the Final Report. The Final Report for conventional therapies under the internal rules and practices of the contains (1) an evaluation of the standard CHAMPUS program. Results of Department of Defense and the detailed accessibility of the Department’s this demonstration will provide a wage data to be considered were programs, activities, and facilities to framework for determining the scope of obtained from officials of private persons with disabilities; (2) DOD’s continued participation in the establishments with a guarantee that the recommendations for improving the NCI’s research efforts. data will be held in confidence. However, members of the public who accessibility of the Department; (3) Dated: October 9, 1996. summaries of the self-evaluations L.M. Bynum, may wish to do so are invited to submit material in writing to the chairman conducted by each Principal Office of Alternate OSD Federal Register Liaison the Department; and (4) summaries of Officer, Department of Defense. concerning matters believed to be the architectural survey of Departmental [FR Doc. 96–26382 Filed 10–15–96; 8:45 am] deserving of the Committee’s attention. Additional information concerning facilities. The Department has organized BILLING CODE 5000±04±M the meetings may be obtained by writing two task forces to assist in the to the Chairman, Department of Defense implementation of (1) program Board of Visitors Meeting Wage Committee, 4000 Defense accessibility, and (2) facility Pentagon, Washington, DC 20301–4000. accessibility as proposed by the AGENCY: Defense Acquisition Dated: October 9, 1996. recommendations of the Final Report. University. L.M. Bynum, FOR FURTHER INFORMATION CONTACT: ACTION: Board of visitors meeting. A Alternate OSD Federal Register Liaison copy of the Department’s Final Report is SUMMARY: The next meeting of the Officer, Department of Defense. available in the Department’s Public Defense Acquisition University (DAU) [FR Doc. 96–26383 Filed 10–15–96; 8:45 am] Reading Room located in Room 1333, Board of Visitors (BoV) will be held at BILLING CODE 5000±04±M Federal Office Building 10B, 600 the Radisson Plaza Hotel, 5000 Independence Avenue, S.W., Seminary Road, Alexandria, Virginia on Washington, D.C., between the hours of Wednesday, November 6, 1996 from DEPARTMENT OF EDUCATION 10:00 a.m. and 2:00 p.m., Monday 0830 until 1600. The purpose of this through Friday of each week except Notice of Availability meeting is to report back to the BoV on Federal holidays. A copy of the Final continuing questions and discuss DAU SUMMARY: The Department announces Report may be obtained by writing or privatization issues. The agenda will the availability of its Final Report on the calling Eunice Fiorito, Office of Special include continuing discussions Section 504 Self-evaluation (Final Education and Rehabilitative Services, concerning acquisition research, Report), conducted by the Department U.S. Department of Education, 600 development of faculty productivity of Education under Section 504 of the measures, and developing case studies Independence Avenue, S.W., Room Rehabilitation Act of 1973, as amended for incorporation into DAU courses. 3316, Mary E. Switzer Building, (29 U.S.C. 794). The Final Report The meeting is open to the public; Washington, D.C. 20202–2500. examines the accessibility of the however, because of space limitations, Telephone: (202) 205–8355. FAX: (202) Department’s programs and activities to allocation of seating will be made on a 205–9252. Internet: Eunicel persons with disabilities. first-come, first-served basis. Persons [email protected] Individuals who use a desiring to attend the meeting should SUPPLEMENTARY INFORMATION: Section telecommunications device for the deaf call Mrs. Joyce Reniere at (703) 805– 504 of the Rehabilitation Act of 1973, as (TDD) may call the TDD number at (202) 5134. amended, provides that no otherwise 205–5465 or the Federal Information qualified person with a disability shall, Dated: October 9, 1996. Relay Service (FIRS) at 1–800–877–8339 solely by reason of his or her disability, between 8 a.m. and 8 p.m., Eastern time, L.M. Bynum, be excluded from participation in, be Alternate OSD Federal Liaison Officer, Monday through Friday. Copies of the denied the benefits of, or be subjected Final Report are available in alternative Department of Defense. to discrimination under any program or formats upon request. The Final Report [FR Doc. 96–26384 Filed 10–15–96; 8:45 am] activity conducted by any Executive may also be obtained by accessing the BILLING CODE 5000±04±M agency. The Department of Education published regulations implementing Internet Gopher Server (at Section 504 in 34 CFR Part 105. GOPHER.ED.GOV) and on the World Department of Defense Wage Pursuant to 34 CFR 105.10, the Wide Web (at http://www.ed.gov/pubs/ Committee; Notice of Closed Meetings Department of Education has conducted Sec504/). Pursuant to the provisions of section a self-evaluation of its current policies Dated: October 8, 1996. 10 of Public Law 92–463, the Federal and practices, assessing how effectively Howard R. Moses, Advisory Committee Act, notice is they meet the requirements of Section Acting Assistant Secretary for Special hereby given that closed meetings of the 504 and its implementing regulations. Education and Rehabilitative Services. Department of Defense Wage Committee On April 8, 1996, 61 FR 15472, the [FR Doc. 96–26379 Filed 10–15–96; 8:45 am] will be held on November 5, 1996; Department published in the Federal BILLING CODE 4000±01±P November 12, 1996; November 19, 1996; Register a notice soliciting public and November 26, 1996; at 10:00 a.m. in comments on the draft report of its Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53903

DEPARTMENT OF ENERGY following populations: employees of through the National Institute for DOE and DOE contractors (particularly Occupational Safety and Health Office of Environment, Safety and those at high risk for exposure to (NIOSH) of the Centers for Disease Health; Continuation of Solicitation for ionizing radiation or toxic chemicals), Control and Prevention (CDC); see Epidemiology and Other Health residents of communities near DOE Federal Register Announcement 521 (60 Studies Financial Assistance Program facilities, and populations throughout FR 4916), published January 25, 1995, (Notice 96±01) the world at high risk for exposure to or contact the Associate Director for ionizing radiation or toxic chemicals AGENCY: U.S. Department of Energy. Energy-Related Health Research, resulting from accidental exposures or NIOSH, Mail Stop R–44, 4676 Columbia ACTION: Annual notice of continuation proximity to nuclear or other energy- Parkway, Cincinnati, OH 45226; of potential availability of grants and related facilities. Deliberate exposure of telephone: 513–841–4400. cooperative agreements. human subjects in ongoing radiation The National Center for SUMMARY: The Office of Health Studies experiments is outside the scope of this Environmental Health of CDC within the Office of Environment, announcement. Access and use of previously awarded funds for radiation- Safety, and Health of the Department of information for conducting studies related research, including dose Energy (DOE) announces its continuing under this notice will comply with the reconstruction studies, but does not interest in applications for grants and Amendment to the Federal Privacy Act anticipate any additional funds for fiscal cooperative agreements for occupational of 1974 regarding Existing Systems of year 1997. (For current information and environmental health studies of Records, published June 28, 1995, contact Dr. James Smith, Chief, DOE employees and DOE contractors, as effective August 7, 1995 (60 FR 33510). Radiation Studies Branch, NCEH, 4770 well as related DOE international health For fiscal year 1997, the Office of Buford Highway, NE., Atlanta, GA programs, concerning nuclear weapons Health Studies estimates that 30341; telephone: 404–488–7040.) research, development, production, use, approximately $4.3 million will be DOE is under no obligation to pay for storage, and dismantling. available for grants or cooperative any cost associated with the preparation agreements in occupational and DATES: Deadlines for applications or or submission of any application. DOE pre-applications will be contained in environmental health studies. The reserves the right to fund, in whole or separate Notices of Availability to be number of awards made will depend on in part, any, all, or none of the published at a later time in the Federal the number of applications received for applications submitted in response to Register that will address specific which the results of competitive merit this notice. Results of studies carried program areas to be funded by the Office review are favorable. Of this total, the out as grants or cooperative agreements of Health Studies in fiscal year 1997. All Office of International Health Programs with the Office of Health Studies will be applications accepted under these anticipates that up to $500,000 will be made available to DOE workers, to the subsequent notices must be received by available to support research to improve public, and to managers responsible for the Office of Health Studies on or before understanding of the health effects and protecting worker health and safety. health risks resulting from exposure to September 30, 1997. Data will be made available through elevated levels of ionizing radiation in ADDRESSES: After the issuance of a DOE’s Comprehensive Epidemiologic both occupational settings and the Data Resource. Notice of Availability, applicants may general populations. The Office of obtain additional information from Dr. Occupational Medicine and Medical Issued in Washington, DC, on October 4, Paul Seligman, Deputy Assistant Surveillance anticipates that 1996. Secretary, Office of Health Studies (EH– approximately $3.7 million will be Paul J. Seligman, 6), U.S. Department of Energy, 19901 available for new cooperative Deputy Assistant Secretary for Health Studies. Germantown Road, Germantown, MD agreements and to continue, as [FR Doc. 96–26420 Filed 10–15–96; 8:45 am] 20874–1290; facsimile: 301–903–3445; necessary, funding for the six BILLING CODE 6450±01±P telephone: 301–903–5926. cooperative agreements already awarded SUPPLEMENTARY INFORMATION: A final late in fiscal year 1996 for evaluating the program rule, which specifies the health effects of former DOE workers Energy Information Administration policies and procedures governing the who may be at significant risk due to purpose and scope, program areas, exposures to hazardous and/or Agency Information Collection eligibility, application requirements, radioactive substances. Activities: Proposed Collection; evaluation criteria, and selection The Office of Epidemiologic Studies Comment Request procedures for the Office of Health does not have funds available to support SUMMARY: The Energy Information Studies Financial Assistance Program, either new cooperative agreements or Administration (EIA) is soliciting was published in the Federal Register new grants during fiscal year 1997 for comments concerning the proposed (60 FR 5838) on January 31, 1995, epidemiologic studies of the DOE renewal of form EIA–457A–H, effective March 2, 1995. Proposed workforce or communities near DOE Residential Energy Consumption Survey research applications and pre- facilities. (RECS). applications shall also comply with 10 Pursuant to a Memorandum of CFR Part 602. Understanding between DOE and the DATES: Written comments must be The three offices within the Office of Department of Health and Human submitted on or before December 16, Health Studies: The Office of Services (56 FR 9701), published March 1996. If you anticipate that you will be International Health Programs, the 7, 1991 (and extended through fiscal submitting comments, but find it Office of Occupational Medicine and year 2000), additional funds to study: difficult to do so within the period of Medical Surveillance, and the Office of (1) Occupational health and safety time allowed by this notice, you should Epidemiologic Studies, promote studies issues arising from exposures to advise the contact listed below of your to identify and assess the health risks radiation and toxic chemicals at nuclear intention to do so as soon as possible. associated with occupational or and other energy-related facilities, and ADDRESSES: Send comments to Michael environmental exposures to ionizing (2) methodology for risk assessment and T. Laurence, Office of Energy Markets radiation or toxic chemicals in the epidemiologic research may be available and End Use, EI–631, Forrestal 53904 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

Building, U.S. Department of Energy, private sector for policy analysis and are Household Questionnaire; 15 minutes Washington, D.C. 20585, telephone made available to the public in a variety for Form EIA–457C, Rental Agents, (202) 586–2453, or INTERNET address, of publications and electronic data files. Landlords, and Apartment Managers; 30 [email protected], or fax 202/586– minutes for Form EIA–457D, Household II. Current Actions 0018. Bottle Gas (LPG or Propane) Usage; 30 FOR FURTHER INFORMATION: Requests for A three-year extension with changes minutes for Form EIA–457D, Household additional information or copies of the to an existing collection that expires Bottled Gas (LPG or Propane) Usage; 30 forms and instructions should be June 30, 1997, will be submitted to minutes for Form EIA–457E, Household directed to Michael T. Laurence at the OMB. Due to funding constraints, the Electricity Usage; 30 minutes for Form address listed above. RECS, with this effort, will move from EIA–457F, Household Natural Gas a triennial to a quadrennial schedule. Usage; and 30 minutes for Form EIA– SUPPLEMENTARY INFORMATION: Accordingly, the next RECS will be in 457G, Household Fuel Oil or Kerosene I. Background 1997 and then 2001. The scope and Usage. Burden includes the total time, II. Current Actions length of the survey is being effort, or financial resources expended III. Request for Comments substantially reduced and Computer- to generate, maintain, retain, or disclose I. Background Assisted Personal Interviewing (CAPI) or provide the information including: procedures are being introduced which (1) reviewing instructions; (2) In order to fulfill its responsibilities will result in a substantial reduction in developing, acquiring, installing, and under the Federal Energy respondent burden. Form EIA–457H, utilizing technology and systems for the Administration Act of 1974 (Pub. L. No. Household Lighting Usage Supplement, purposes of collecting, validating, 93–275) and the Department of Energy is being dropped as well as portions of verifying, processing, maintaining, Organization Act (Pub. L. No. 95–91), Form EIA–457A, Household disclosing and providing information; the Energy Information Administration Questionnaire, including conservation (3) adjusting the existing ways to is obliged to carry out a central, measures, demand-side management, comply with any previously applicable comprehensive, and unified energy data new home supplement, detailed instructions and requirements; (4) and information program. As part of this questions about vehicles, and housing training personnel to respond to a program, EIA collects, evaluates, measurements. Some new questions collection of information; (5) searching assembles, analyzes, and disseminates regarding the frequency that appliances data sources; (6) completing and data and information related to energy are used are being added. reviewing the collection of information; resource reserves, production, demand, and (7) transmitting, or otherwise and technology, and related economic III. Request for Comments disclosing the information. and statistical information relevant to Prospective respondents and other Please comment on (1) the accuracy of the adequacy of energy resources to interested parties should comment on our estimate and (2) how the agency meet demands in the near and longer the actions discussed in item II. The could minimize the burden of the term future for the Nation’s economic following guidelines are provided to collection of information, including the and social needs. assist in the preparation of responses. use of automated collection techniques The data collection included, herein, Please indicate to which form(s) your or other forms of information was approved by the Director of the comments apply. technology. Office of Management and Budget for a D. What is the estimated (1) total General Issues one-year extension through June 30, dollar amount annualized for capital 1997. EIA seeks an extension of this EIA is interested in receiving and start-up costs and (2) recurring collection by the Director with some comments from persons regarding: A. annual dollar amount of operation and modifications under Section 3507(h) of Whether the proposed collection of maintenance and purchase of services the Paperwork Reduction Act of 1995 information is necessary for the proper costs associated with this data (Pub. L. No. 104–13, Title 44 U.S.C. performance of the functions of the collection? The estimates should take Chapter 35). agency, including whether the into account the costs associated with The Energy Information information will have practical utility. generating, maintaining, and disclosing Administration, as part of its continuing Practical utility is the actual usefulness or providing the information. effort to reduce paperwork and of information to or for an agency, E. Do you know of any other Federal, respondent burden (required by the taking into account its accuracy, State, or local agency that collects Paperwork Reduction Act of 1995 (Pub. adequacy, reliability, timeliness, and the similar data? If you do, specify the L. 104–13)), conducts a presurvey agency’s ability to process the agency, the data element(s), and the consultation program to provide the information it collects. methods of collection. general public and other Federal B. What enhancements can EIA make agencies with an opportunity to to the quality, utility, and clarity of the As a potential user comment on proposed and/or information to be collected? A. Can you use data at the levels of continuing reporting forms. This detail indicated on the form? program helps to ensure that requested As a potential respondent B. For what purpose would you use data can be provided in the desired A. Are the instructions and the data? Be specific. format, reporting burden is minimized, definitions clear and sufficient? If not, C. Are there alternate sources of data reporting forms are clearly understood, which instructions require clarification? and do you use them? If so, what are and the impact of collection B. Can data be submitted in their deficiencies and/or strengths? requirements on respondents can be accordance with the due date specified D. For the most part, information is properly assessed. The RECS is a in the instructions? published by EIA in U.S. customary periodic survey of U.S. households to C. Public reporting burden for this units, e.g., cubic feet of natural gas, estimate energy consumption and collection is estimated to average 30 short tons of coal, and barrels of oil. expenditures and track changes over minutes for Form EIA–457A, Household Would you prefer to see EIA publish time. The data are widely used Questionnaire; 20 minutes for Form more information in metric units, e.g., throughout the government and the EIA–457B, Mail version of the cubic meters, metric tons, and Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53905 kilograms? If yes, please specify what determining the appropriate action to be core wall and known as Guarding Hill information (e.g., coal production, taken but will not serve to make or Main Dam; (b) a 2,500-foot-long natural gas consumption, and crude oil protestants parties to the proceeding. earthen structure known as Canal or imports), the metric unit(s) of Copies of this filing are on file with the Guarding Hill Dike; (c) four small dike measurement preferred, and in which Commission and are available for public structures; (d) a reservoir having a EIA publication(s) you would like to see inspection. 5,600-acre surface area and an 8,250- such information. Lois D. Cashell, acre-foot useable storage volume at Comments submitted in response to Secretary. normal pool elevation 428.14 m.s.l. and this notice will be summarized and/or [FR Doc. 96–26403 Filed 10–15–96; 8:45 am] known as Candlewood Lake; (e) a 3,190- included in the request for OMB foot-long canal; (f) an intake structure BILLING CODE 6717±01±M approval of the form. They also will and a concrete/woodstave/riveted steel become a matter of public record. penstock; (g) a powerhouse containing a Statutory Authority: Section 3506(c)(2)(A) Hydroelectric Applications [The 25,000-Kw generating unit and two of the Paperwork Reduction Act of 1995 Connecticut Light and Power 3,000-Kw reversible pump/generator (Pub. L. No. 104–13). Company, et al.] Notice of Applications units for an installed generating Issued in Washington, DC, October 8, 1996. capacity of 31,000-Kw; and (h) [Project Nos. P±2576±000, et al.] John Gross, appurtenant facilities. Acting Director, Office of Statistical Take notice that the following (3) the Shepaug Development, Standards, Energy Information hydroelectric applications have been comprising: (a) a 1,412-foot-long, 147- Administration. filed with the Commission and are foot-high concrete gravity-type structure [FR Doc. 96–26421 Filed 10–15–96; 8:45 am] available for public inspection: known as Shepaug Dam; (b) a reservoir BILLING CODE 6450±01±P 1a. Type of filing: Notice of Intent to having a 1,870-acre surface area and a File An Application for a New License. 5,400-acre-foot useable storage volume b. Project No.: 2576. at normal pool elevation 198.28 feet Federal Energy Regulatory c. Date filed: August 19, 1996. m.s.l. and known as Lake Lillinonah; (c) Commission d. Submitted By: The Connecticut an intake structure and a 25-foot- Light and Power Company, current diameter penstock; (d) a powerhouse [Docket No. RP91±103±007] licensee. containing a 37,200-Kw generating unit; Alabama-Tennessee Natural Gas e. Name of Project: Housatonic River. and (e) appurtenant facilities. Company; Notice of Filing of Tariff f. Location: On the Housatonic River, (4) the Stevenson Development, Sheet and Refund Report in the Towns of Bridgewater, comprising: (a) a 1,250-foot-long, 124- Brookfield, Kent, Monroe, New foot-high concrete gravity-type structure October 9, 1996. Fairfield, New Milford, Newtown, having a 520-foot-long spillway Take notice that on October 4, 1996, Oxford, Roxbury, Sherman, and surmounted by 3-foot-high wooden Alabama-Tennessee Natural Gas Southbury, in the City of Danbury, flashboards and known as Stevenson Company (Alabama-Tennessee), Litchfield, Fairfield, and New Haven Dam; (b) a reservoir having a 1,063-acre tendered for filing as part of its FERC Counties, CT. surface area and a 5,038-acre-foot Gas Tariff, Second Revised Volume No. g. Filed Pursuant to: Section 15 of the useable storage volume at normal pool 1, Fourth Revised Sheet No. 4A, Federal Power Act, 18 CFR 16.6 of the elevation 101.3 feet m.s.l. and known as superseding Sub. Third Revised Sheet Commission’s regulations. Lake Zoar; (c) an intake structure and No. 4A. Alabama-Tennessee also filed a h. Effective date of original license: four 12-foot-square penstocks; (d) a report of refunds, pursuant to Article 1, March 1, 1953. powerhouse containing an 8,000-Kw Paragraph 3(c) of the Stipulation and i. Expiration date of original license: generating unit and three 7,500-Kw Agreement in Docket No. RP91–103– September 30, 2001. generating units for a total installed 000, et al., remitted to customers on j. The project consists of four capacity of 30,500 Kw; and (e) September 25, 1996. developments: appurtenant facilities; Alabama-Tennessee states that Fourth (1) the Bulls Bridge Development, The project has a total installed Revised Sheet No. 4A reflects the comprising: (a) a 203-foot-long, 24-foot- capacity of 105,900-Kw. elimination of Take-or-Pay Surcharges high concrete gravity-overflow structure k. Pursuant to 18 CFR 16.7, pursuant to the Stipulation and known as Bulls Bridge or Main Dam; (b) information on the project is available Agreement approved by FERC Order a 156-foot-long, 17-foot-high rockfill at: The Connecticut Light and Power dated October 17, 1991. Alabama- concrete-capped overflow structure Company, 41 Park Lane Road, New Tennessee requests an effective date of having 3-foot-high wooden flashboards Milford, CT 06776, (860) 355–6527. September 1, 1996. and known as Spooner Dam; (c) a l. FERC contact: Charles T. Raabe Alabama-Tennessee has requested reservoir having a 120-acre surface area (202) 219–2811. that the Commission grant such waivers and a 233-acre-foot useable storage as may be necessary to accept and volume at normal pool elevation 354.6 m. Pursuant to 18 CFR 16.8, 16.9, and approve the filing as submitted. feet m.s.l.; (d) an intake structure and a 16.10 each application for a new license Any person desiring to protest said 2-mile-long canal; (e) a forebay and two and any competing license applications filing should file a protest with the (one 13-foot-diameter and one 8-foot- must be filed with the Commission at Federal Energy Regulatory Commission, diameter) 420-foot-long penstocks; (f) a least 24 months prior to the expiration 888 First Street, N.E., Washington, D.C. powerhouse containing six 1,200-Kw of the existing license. All applications 20426, in accordance with Rule 211 of generating units for a total installed for license for this project must be filed the Commission’s Rules of Practice and capacity of 7,200-Kw; and (g) by September 30, 1999. Procedure (18 CFR 385.211). All such appurtenant facilities. 2a. Type of filing: Notice of Intent To protests must be filed on or before (2) the Rocky River Development, File an Application for a New License. October 16, 1996. Protests will be comprising: (a) a 952-foot-long, 100- b. Project No.: 2597. considered by the Commission in foot-high earth-filled structure having a c. Date filed: August 21, 1996. 53906 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

d. Submitted By: The Connecticut 3a. Type of Application: Partial f. Location: Kennebec River in Light and Power Company, current Transfer of License. Kennebec County, Maine. licensee. b. Project No.: 2670–013. g. Filed Pursuant to: Federal Power e. Name of Project: Falls Village. c. Date filed: August 15, 1996. Act, 16 U.S.C. § 791(a)– 825(r). f. Location: On the Housatonic River, d. Applicants: Northern States Power h. Applicant Contacts: in the Towns of Canaan, North Canaan, Company and the City of Eau Claire, and Salisbury, Litchfield County, Wisconsin. Nancy J. Skancke, Grammer, Kissel, Connecticut. e. Name of Project: Dells. Robbins & Skancke, 1225 Eye St., g. Filed Pursuant to: Section 15 of the f. Location: On the Chippewa River, N.W., Suite 1225, Washington, DC Federal Power Act, 18 CFR 16.6 of the near the city of Eau Claire in Chippewa 20005, (202) 408–5400. Commission’s regulations and Eau Claire Counties, Wisconsin. Howard Sharfstein, Esq., Kimberly-Clark h. Effective date of original license: g. File Pursuant to: Federal Power Corporation, 1400 Holcomb Bridge April 1, 1962. Act, 16 USC 791(a)–825(r). Rd., Roswell, GA 30076, (770) 587– i. Expiration date of original license: h. Applicants Contact: John P. Moore, 8618. August 31, 2001. j. The project consists of: (1) a 14-foot- Jr., General Counsel, Northern States i. FERC Contact: David Cagnon, (202) high, 300-foot-long concrete, ogee- Power Company, P.O. Box 8, Eau Claire, 219–2693. shaped dam; (2) a reservoir having a Wisconsin 54702–0008, (715) 839–2427. j. Comment Date: November 14, 1996. 150-acre surface area and a 640-acre-foot i. FERC Contact: Thomas F. Papsidero k. Description of Transfer: The co- useable storage volume at normal pool (202) 219–2715. licensees advise that Scott Paper elevation 633.19 feet U.S.G.S.; (3) a j. Comment Date: November 14, 1996. Company (Scott) was merged into gated intake structure and a 1,930-foot- k. Description of Filing: Application Kimberly-Clark Corporation (KCC), long concrete-lined canal; (4) an intake to transfer Northern States Power effective December 15, 1995. KCC then structure and five (three 9-foot-diameter Company’s (NSPC) co-licensee placed the assets and liabilities acquired and two 2-foot-diameter) 300-foot-long authorization for the Dells Project to from Scott in Kimberly-Clark Tissue penstocks; (5) a powerhouse containing Wisconsin Electric Power Company Company (KCT). The proceeding will three 3,000-Kw generating units for an (WEPC). NSPC proposes to merge into address the transfer of Scott’s co- installed generating capacity of 9,000- WEPC, as part of a comprehensive licensee authorization to KCT. UAH- Kw; and (6) appurtenant facilities. merger currently pending before the Hydro Kennebec Limited Partnership k. Pursuant to 18 CFR 16.7, Commission in Docket No. EC95–16– has been the operator of the project information on the project is available 000 (60 Federal Register 37,430 (July since 1987, and remains a co-licensee. 20, 1995)). at: The Connecticut Light and Power l. This notice also consists of the l. This notice also consists of the Company, 41 Park Lane Road, New following standard paragraphs: B, C2, following standard paragraphs: B, C2 & Milford, CT 06776, (860) 355–6527. and D2. l. FERC contact: Charles T. Raabe D2. 5a. Application Type: Transfers of (202) 219–2811. 4a. Type of Application: Transfer of m. Pursuant to 18 CFR 16.8, 16.9, and License. License. 16.10 each application for a new license b. Project No: 2611–026. b. Project Numbers: P–1982, 2181, and any competing license applications c. Date Filed: August 14, 1996. 2390, 2417, 2440, 2444, 2475, 2491, must be filed with the Commission at d. Applicant: Scott Paper Company 2567, 2587, 2610, 2639, 2697, 2711. least 24 months prior to the expiration and UAH-Hydro Kennebec Limited c. Applicants: Northern States Power of the existing license. All applications Partnership. Company (Wisconsin) Wisconsin for license for this project must be filed e. Name of Project: Hydro-Kennebec Electric Power Company. by August 31, 1999. Project. d. Name and Location of Projects:

Project no. Project name River County State

1982 ...... Holcombe ...... Chippewa ...... Chippewa ...... Wisconsin. 2440 ...... Chippewa Falls ...... Chippewa ...... Chippewa ...... Wisconsin. 2491 ...... Jim Falls ...... Chippewa ...... Chippewa ...... Wisconsin. 2567 ...... Wissota ...... Chippewa ...... Chippewa ...... Wisconsin. 2639 ...... Cornell ...... Chippewa ...... Chippewa ...... Wisconsin. 2417 ...... Hayward ...... Namekagon ...... Sawyer ...... Wisconsin. 2711 ...... Trego ...... Namekagon ...... Washburn ...... Wisconsin. 2390 ...... Big Falls ...... Flambeau ...... Rusk ...... Wisconsin. 2475 ...... Thornapple ...... Flambeau ...... Rusk ...... Wisconsin. 2181 ...... Menomonie ...... Red Cedar ...... Dunn ...... Wisconsin. 2697 ...... Cedar Falls ...... Red Cedar ...... Dunn ...... Wisconsin. 2444 ...... White River ...... White ...... Ashland ...... Wisconsin. 2587 ...... Superior Falls ...... Montreal ...... Iron and Gogebic ...... Wisconsin, Michigan. 2610 ...... Saxon Falls ...... Montreal ...... Gogebic ...... Michigan

e. Pursuant to: Federal Power Act, 16 —(Wisconsin),P.O. Box 8, Eau Claire, Michigan Avenue, Milwaukee, WI U.S.C. §§ 791(a)- 825(r). WI 54702–0008, (715) 839–2424. 53201–2046, (414) 221–2765 f. Applicant Contacts: Walter T. Woelfle, Director, Legal William J. Madden, Jr., Attorney for Services Department, Wisconsin Transferor and Transferee Winston & John P. Moore, Jr., General Counsel, Electric Power Company, 231 West Strawn, 1400 L Street, N.W., Northern States Power Company Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53907

Washington, DC 20005–3502, (202) feet NGVD, a 16-foot-long intake sluice before the Commission. Wisconsin 371–5700. section, and a 30-foot-long left Electric Power Company, Northern g. FERC Contact: Dean C. Wight, (202) abutment; (2) a reservoir with a surface States Power Company (Minnesota), 219–2675. area of 2.8 acres at normal pool Northern States Power Company h. Comment Date: November 18, elevation of 7,021 feet; (3) an 11,300- (Wisconsin), and Cenerprise, Inc., 1996. foot-long, 36-inch-diameter steel Docket No. EC95–16–000 (60 Fed. Reg. i. Description of Proposed Action: penstock; (4) a powerhouse with three 37430 (July 20, 1995)). Under the Applicants propose to transfer the turbine-generator units with a total merger, Northern Power Wisconsin projects from Northern States Power installed capacity of 1,500 kilowatts; (5) Corporation would become one of two Company (Wisconsin) (Transferor), to a substation; and other appurtenances. operating utility subsidiaries of Wisconsin Electric Power Company k. With this notice, we are initiating Wisconsin Energy Corporation (which (Transferee), as part of a proposed consultation with the State Historic would be renamed Primergy). merger involving Transferor and Preservation Officer (SHPO), as required l. This notice also consists of the Transferee. See j., Related Actions, by § 106, National Historic Preservation following standard paragraphs: B, C2, below. Act, and the regulations of the Advisory and D2. j. Related Actions: (1) Approval of a Council on Historic Preservation, 36 8a. Type of Application: Declaration merger which would include the CFR at § 800.4. of Intention. Transferee and Transferor is pending l. In accordance with section b. Docket No. DI96–12. before the Commission. Wisconsin 4.32(b)(7) of the Commission’s c. Date Filed: September 30, 1996. regulations, if any resource agency, Electric Power Company, Northern d. Applicant: Georgia Power SHPO, Indian Tribe, or person believes States Power Company (Minnesota), Company. that an additional scientific study Northern States Power Company e. Name of Project: Flint River Project. (Wisconsin), and Cenerprise, Inc., should be conducted in order to form an adequate, factual basis for a complete f. Location: On the Flint River and Docket No. EC95–16–000 (60 Fed. Reg. Muckafoonee Creek about 2 miles above 37430 (July 20, 1995)). Under the analysis of this application on its merits, they must file a request for the study Albany, in Dougherty and Lee Counties, merger, Wisconsin Electric Power Georgia. Company would become one of two with the Commission, together with g. Filed Pursuant to: Section 23(b) of operating utility subsidiaries of justification for such request, not later the Federal Power Act, 16 U.S.C. 817(b). Wisconsin Energy Corporation (which than 60 days from the filing date and would be renamed Primergy). serve a copy of the request on the h. Applicant Contact: John R. Molm, (2) Applications for new licenses, Applicant. Counsel for Georgia Power Company, filed by Transferor, are pending before 7a. Application Type: Transfer of Troutman Sanders, LLP, 1300 I Street, the Commission for Project Nos. 1982 License. NW., Suite 500 East, Washington, D.C. and 2390. An application for subsequent b. Project Numbers: P–2056. 20005, (202) 274–2950. license, filed by Transferor, for project c. Applicants: Northern States Power i. FERC Contact: Diane M. Murray, no. 2475 is also pending before the Company (Minnesota), Northern Power (202) 219–2682. Commission. Transferee and Transferor Wisconsin Corporation. j. Comment Date: November 25, 1996. request that Transferee be substituted d. Name of Project: St. Anthony Falls. k. Description of Project: The project for Transferor as applicant in all three e. Location: Mississippi River, consists of: (1) a 1,400 acre-foot proceedings contingent and effective Hennepin County, Minnesota. reservoir; (2) a 464-foot-long dam; (3) a upon consummation of the merger. f. Pursuant to: Federal Power Act, 16 powerhouse with an installed capacity k. This notice also consists of the U.S.C. §§ 791(a)–825(r). of 5,400 kW; and (4) appurtenant following standard paragraphs: B, C2, g. Applicant Contacts: facilities. and D2. David Lawrence, Assistant General When a Declaration of Intention is 6a. Type of Application: Minor New Counsel, Northern States Power filed with the Federal Energy Regulatory License (Notice of Tendering). Company (Minnesota), 414 Nicollet Commission, the Federal Power Act b. Project No.: 2032–001. Mall, Minneapolis, MN 55401, (612) requires the Commission to investigate c. Date filed: September 25, 1996. 330–5621. and determine if the interests of d. Applicant: Lower Valley Power & William J. Madden, Jr., Attorney for interstate or foreign commerce would be Light, Inc. Transferor and Transferee, Winston & affected by the project. The Commission e. Name of Project: Strawberry. Strawn, 1400 L Street, NW, also determines whether or not the f. Location: On the Strawberry Creek, Washington, DC 20005–3502, (202– project: (1) would be located on a in Lincoln County, Wyoming. 371–5700. navigable waterway; (2) would occupy g. Filed Pursuant to: Federal Power h. FERC Contact: Dean C. Wight, (202) or affect public lands or reservations of Act, 16 USC §§ 791(a)–825(r). 219–2675. the United States; (3) would utilize h. Applicant Contact: Mr. Winston G. i. Comment Date: November 20, 1996. surplus water or water power from a Allred, Lower Valley Power & Light, j. Description of Proposed Action: government dam; or (4) if applicable, Inc., 345 North Washington Street, P.O. Applicants propose to transfer the has involved or would involve any Box 188, Ofton, WY 83110, (307) 886– projects from Northern States Power construction subsequent to 1935 that 3175. Company (Minnesota) (Transferor), to may have increased or would increase i. FERC Contact: He´ctor M. Pe´rez, Northern Power Wisconsin Corporation the project’s head or generating (202) 219–2843. (Transferee), as part of a proposed capacity, or have otherwise significantly j. Brief Description of Project: The merger involving Transferor and modified the project’s pre-1935 design project consists of: (1) a 22-foot-high, Transferee. See k., Related Action, or operation. 110-foot-long reinforced concrete below. l. Purpose of Project: The project is gravity dam with a 24-foot-long right k. Related Action: Approval of a operated during normal flows as a run- abutment, a 40-foot-long overflow merger which would include the of-river plant and supplies a part of the spillway with a crest elevation of 7,020 Transferee and Transferor is pending base load of Georgia Power’s system. 53908 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

m. This notice also consists of the k. Description of Project: The commencement of construction following standard paragraphs: B, C1, applicant is exploring two project deadline. and D2. options. The first option would consist k. This notice also consists of the 9a. Type of filing: Notice of Intent To of: (1) a siphon intake at the outlet of following standard paragraphs: B, C1, File Application for New License. Sunrise Lake; (2) a 20-inch-diameter, 2- and D2. b. Project No.: 2652. mile-long penstock; (3) a powerhouse c. Date filed: August 29, 1996. near Woronkofski Point with a Standard Paragraphs d. Submitted By: PacifiCorp, current generating capacity of 1.5 MW; (4) a A5. Preliminary Permit—Anyone licensee. 100-foot-long transmission line desiring to file a competing application e. Name of Project: Bigfork. interconnecting with an existing Tyee for preliminary permit for a proposed f. Location: On the Swan River in Lake Project transmission line; (5) a 6- project must submit the competing Flathead County, Montana. mile-long water distribution pipe application itself, or a notice of intent to g. Filed Pursuant to: Section 15 of the extending from the powerhouse to the file such an application, to the Federal Power Act, 18 CFR 16.6 of the city of Wrangell; and (6) appurtenant Commission on or before the specified Commission’s regulations. facilities. comment date for the particular h. Effective date of original license: The second option would consist of: application (see 18 CFR 4.36). October 1, 1949. (1) a siphon intake at the outlet of Submission of a timely notice of intent i. Expiration date of original license: Sunrise Lake; (2) a 20-inch-diameter, 2- allows an interested person to file the August 31, 2001. mile-long penstock; (3) a powerhouse competing preliminary permit j. The project consists of: (1) a 300- just south of Wedge Point with a application no later than 30 days after foot-long and 12-foot-high concrete generating capacity of 1.5 MW; (4) a the specified comment date for the diversion dam; (2) a reservoir with 10,000-foot-long transmission line particular application. A competing storage capacity of 109 acre-feet at a interconnecting with an existing Tyee preliminary permit application must water surface elevation of 3,007.95 feet Lake Project transmission line; (5) a 6- conform with 18 CFR 4.30(b) and 4.36. mean sea level; (3) an intake structure; mile-long water distribution pipe A7. Preliminary Permit—Any (4) a one-mile-long flowline; (5) two 72- extending from the powerhouse to the qualified development applicant inch-diameter, 160-foot-long and one city of Wrangell and (6) appurtenant desiring to file a competing 54-inch-diameter, 160-foot-long steel facilities. development application must submit to penstocks; (6) a powerhouse containing l. This notice also consists of the the Commission, on or before a two 1,700-kilowatt and one 750-kilowatt following standard paragraphs: A5, A7, specified comment date for the turbine-generator units; and (7) A9, A10, B, C, and D2. particular application, either a appurtenant facilities. 11a. Type of Filing: Requests for competing development application or a k. Pursuant to 18 CFR 16.7, Extensions of Time to Commence notice of intent to file such an information on the project is available Project Construction. application. Submission of a timely at: PacifiCorp, 920 SW 6th Avenue, b. Applicant : The City of New notice of intent to file a development Portland, OR 97204, Phone: (503) 464– Martinsville, West Virginia. application allows an interested person 5343. c. Project No.: The proposed New to file the competing application no l. FERC contact: Hector M. Perez (202) Cumberland Hydroelectric Project, later than 120 days after the specified 219–2843. FERC No. 6901–042, is to be located at m. Pursuant to 18 CFR 16.9(b)(1) each comment date for the particular the United States Army Corps of application. A competing license application for a new license and any Engineers’ New Cumberland Locks and competing license applications must be application must conform with 18 CFR Dam on the Ohio River, in Hancock 4.30(b) and 4.36. filed with the Commission at least 24 County, West Virginia, and Jefferson A9. Notice of intent—A notice of months prior to the expiration of the County, Ohio. existing license. All applications for d. Project No.: The proposed Willow intent must specify the exact name, license for this project must be filed by Island Hydroelectric Project, FERC No. business address, and telephone number August 31, 1999. 6902–055, is to be located on the Ohio of the prospective applicant, and must 10a. Type of Application: Preliminary River in Pleasants County, West Virginia include an unequivocal statement of Permit. and Washington County, Ohio. intent to submit, if such an application b. Project No.: 11591–000. e. Date Filed: August 30, 1996. may be filed, either a preliminary c. Date filed: August 20, 1996. f. Pursuant to: Section 1 of Public Law permit application or a development d. Applicant: City of Wrangell, 104–173. application (specify which type of Alaska. g. Applicant Contact: Ms. Amy S. application). A notice of intent must be e. Name of Project: Sunrise Lake Koch, McKenna LLP, 1800 M Street, served on the applicant(s) named in this Water and Hydroelectric Power Project. N.W., Suite 600 South Lobby, public notice. f. Location: Within Tongass National Washington, D.C. 20036, (202) 466– A10. Proposed Scope of Studies under Forest, on Woronkofski Island, near the 9270. Permit—A preliminary permit, if issued, city of Wrangell, Alaska. Sections 4, 5, h. FERC Contact: Mr. Lynn R. Miles, does not authorize construction. The 6, 7, 8, 16, 17, 20, and 21 in T. 63 S., (202) 219–2671. term of the proposed preliminary permit R. 83 E. i. Comment Date: November 25, 1996. would be 36 months. The work g. Filed Pursuant to: Federal Power j. Description of the Requests: The proposed under the preliminary permit Act, 16 U.S.C. 791(a)–825(r). City of New Martinsville requests that would include economic analysis, h. Applicant Contact: Scott Seabury, the exiting deadline for the preparation of preliminary engineering City Manager, City of Wrangell, Alaska, commencement of construction on plans, and a study of environmental P.O. Box 531, Wrangell, Alaska 99929, FERC Project Nos. 6901 and 6902 be impacts. Based on the results of these (907) 874–2381. extended to October 3, 1999. The studies, the Applicant would decide i. FERC Contact: Mr. Michael licensee also requests that the whether to proceed with the preparation Strzelecki, (202) 219–2827. concurrent pre-construction deadlines of a development application to j. Comment Date: December 18, 1996. be adjusted to reflect the new construct and operate the project. Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53909

B. Comments, Protests, or Motions to INTENT TO FILE COMPETING bidding period would end October 14, Intervene—Anyone may submit APPLICATION,’’ ‘‘COMPETING 1996, thereby triggering the 25-business comments, a protest, or a motion to APPLICATION,’’ ‘‘PROTEST,’’ or day ROFR process under Alabama- intervene in accordance with the ‘‘MOTION TO INTERVENE,’’ as Tennessee’s tariff. requirements of Rules of Practice and applicable, and the Project Number of Decatur states that since its firm Procedure, 18 CFR 385.210, .211, .214. the particular application to which the transportation contracts with Alabama- In determining the appropriate action to filing refers. Any of these documents Tennessee do not expire until November take, the Commission will consider all must be filed by providing the original 1, 1997, Alabama-Tennessee’s attempt protests or other comments filed, but and the number of copies provided by to trigger the ROFR process by putting only those who file a motion to the Commission’s regulations to: The Deactur’s capacity up for bid now intervene in accordance with the Secretary, Federal Energy Regulatory would require Decatur to have to Commission’s Rules may become a Commission, 888 First Street, N.E., exercise its ROFR nearly a year prior to party to the proceeding. Any comments, Washington, D.C. 20426. A copy of a its contract’s expiration. protests, or motions to intervene must notice of intent, competing application, Decatur states that Alabama- be received on or before the specified or motion to intervene must also be Tennessee’s actions are a clear violation comment date for the particular served upon each representative of the of its tariff. application. Applicant specified in the particular Decatur requests the Commission to: C. Filing and Service of Responsive application. (i) Enjoin Alabama-Tennessee’s Documents—Any filings must bear in D2. Agency Comments—Federal, premature application of the ROFR all capital letters the title state, and local agencies are invited to provision of its tariff with regard to ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT file comments on the described Decatur’s firm capacity; (ii) conclude TO FILE COMPETING APPLICATION’’, application. A copy of the application that Alabama-Tennessee’s attempt to ‘‘COMPETING APPLICATION’’, may be obtained by agencies directly force Decatur to exercise its right of first ‘‘PROTEST’’, ‘‘MOTION TO from the Applicant. If an agency does refusal more than a year before INTERVENE’’, as applicable, and the not file comments within the time Decatur’s contract with Alabama- Project Number of the particular specified for filing comments, it will be Tennessee expires is contrary to Order application to which the filing refers. presumed to have no comments. One No. 636 and FERC policy, and unlawful Any of the above-named documents copy of an agency’s comments must also under Alabama-Tennessee’s FERC- must be filed by providing the original be sent to the Applicant’s approved tariff; and (iii) order that and the number of copies provided by representatives. Decatur is not required to exercise its the Commission’s regulations to: The Dated: October 8, 1996, Washington, DC. ROFR to retain its firm capacity on Secretary, Federal Energy Regulatory Alabama-Tennessee any earlier than Commission, 888 First Street, N.E., Lois D. Cashell, approximately 131 days prior to the Washington, D.C. 20426. An additional Secretary. expiration date of the underlying service copy must be sent to Director, Division [FR Doc. 96–26428 Filed 10–15–96; 8:45 am] agreement as defined in the schedule for of Project Review, Federal Energy BILLING CODE 6712±01±P the ROFR process in Alabama- Regulatory Commission, at the above- Tennessee’s tariff. mentioned address. A copy of any [Docket No. RP97±26±000] notice of intent, competing application Due to the time-sensitive nature of the conduct complained, Decatur urgently or motion to intervene must also be Decatur Utilities, City of Decatur, requests the Commission’s expedited served upon each representative of the Alabama v. Alabama-Tennessee review of this complaint. Alabama- Applicant specified in the particular Natural Gas Company; Notice of Tennessee has set October 14, 1996 as application. Complaint C1. Filing and Service of Responsive the end of the bidding period on Documents—Any filings must bear in October 9, 1996. Decatur’s capacity. Under the tariff, all capital letters the title Take notice that on October 4, 1996, Decatur would then have 25 business ‘‘COMMENTS’’, Decatur Utilities, City of Decatur, days in which to decide whether to ‘‘RECOMMENDATIONS FOR TERMS Alabama (Decatur) tendered for filing a exercise its ROFR, or until November AND CONDITIONS’’, ‘‘PROTEST’’, OR complaint against Alabama-Tennessee 20, 1996. ‘‘MOTION TO INTERVENE’’, as Natural Gas Company (Alabama- Any person desiring to be heard or to applicable, and the Project Number of Tennessee) and a Motion for Expedited protest said complaint should file a the particular application to which the Injunctive Relief pursuant to Section 5 motion to intervene or a protest with the filing refers. Any of the above-named of the Natural Gas Act and Rules 206 Federal Energy Regulatory Commission, documents must be filed by providing and 212 of the Commission’s Rules of 825 North Capitol Street, N.E., the original and the number of copies Practice and Procedure. Washington, D.C. 20426, in accordance provided by the Commission’s Decatur, a local distribution company with Rules 214 and 211 of the regulations to: The Secretary, Federal customer of Alabama-Tennessee, asks Commission’s Rules of Practice and Energy Regulatory Commission, 888 that the Commission enjoin Alabama- Procedure 18 CFR 385.214, 385.211. All First Street, N.E., Washington, D.C. Tennessee’s premature application of such motions or protests should be filed 20426. A copy of any motion to the right of the first refusal (ROFR) on or before October 21, 1996. Protests intervene must also be served upon each provision of its tariff, to the irreparable will be considered by the Commission representative of the Applicant harm of Decatur. Decatur states that on in determining the appropriate action to specified in the particular application. September 27, 1996, Alabama- be taken, but will not serve to make C2. Filing and Service of Responsive Tennessee posted on its Electronic protestants parties to the proceeding. Documents—Any filings must bear in Bulletin Board for bidding the firm Any person wishing to become a party all capital letters the title capacity under Decatur’s four firm must file a motion to intervene. Copies ‘‘COMMENTS,’’ transportation contracts that expire over of this filing are on file with the ‘‘RECOMMENDATIONS FOR TERMS one year from now on November 1, Commission and are available for public AND CONDITIONS,’’ ‘‘NOTICE OF 1997. The posting stated that the inspection. Answers to this complaint 53910 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices shall be due on or before October 21, Transco also submitted a summary of alternatives, the geographic and 1996. activity showing the volumes and temporal scope of a cumulative effects Lois D. Cashell, amounts paid under each Pipeline analysis, and a preliminary schedule for Secretary. Interconnect Balancing Agreement preparing the environmental document. [FR Doc. 96–26404 Filed 10–15–96; 8:45 am] during the aforementioned period. The staff’s environmental document Transco states that the report shows will consider both site specific and BILLING CODE 6717±01±M that for the annual period ended July 31, cumulative environmental effects of the 1996, Transco had a net overrecovery of proposed actions and reasonable [Docket No. TM97±1±25±002] $1,812,801. Transco has carried forward alternatives, and will include an a net underrecovery of $3,081,390 for economic, financial and engineering Mississippi River Transmission the twelve month period ending July 31, analysis. A draft environmental Corporation; Notice of Proposed 1995. This results in a cashout balance document will be issued and circulated Changes in FERC Gas Tariff at July 31, 1996 of a net underrecovery for review by all interested parties. All October 9, 1996. of $1,268,589. Transco states in comments filed on the draft Take notice that on October 4, 1996, accordance with Section 15 it will carry environmental document will be Mississippi River Transmission forward such net underrecovery to offset analyzed by the Commission staff and Corporation (MRT) tendered for filing to any net overrecovery that may occur in considered in a final environmental become part of its FERC Gas Tariff Third future cash-out periods. document. Any person desiring to protest said Revised Volume No. 1, Tenth Revised Project Site Visit Sheet No. 10, with an effective date of filing should file a protest with the The applicant and Commission staff October 1, 1996. Federal Energy Regulatory Commission, MRT states that the purpose of the 888 First Street, N.E., Washington, D.C. will conduct a project site visit of the instant filing is to correct tariff 20426, in accordance with Rule 211 of Dead River Project. The site visit will pagination as required by the the Commission’s Rules of Practice and start at 9:00 a.m. on October 29, 1996. Commission in its order dated Procedure (18 CFR 385.211). All such All interested individuals, September 27, 1996. protests must be filed on or before organizations, and agencies are invited Any person desiring to protest the October 16, 1996. Protests will be to attend. All participants are subject filing should file a protest with considered by the Commission in responsible for their own transportation the Federal Energy Regulatory determining the appropriate action to be to the starting point. For more details, Commission, 888 First Street, N.E., taken but will not serve to make interested parties should contact Mr. Washington, D.C. 20426, in accordance protestants parties to the proceeding. Max Curtis at (906) 487–5063 or Charlie with § 385.211 of the Commission’s Copies of this filing are on file with the Streicher at (906) 487–5062 prior to the Rules of Practice and Procedure (18 CFR Commission and are available for public site visit date. 385.211). All such protests must be filed inspection. Scoping Meetings Louis D. Cashell, as provided in Section 154.210 of the The Commission staff will conduct Commissions Regulations. Protests will Secretary. one evening scoping meeting and one be considered by the Commission in [FR Doc. 96–26400 Filed 10–15–96; 8:45 am] morning scoping meeting. All interested determining the appropriate action to be BILLING CODE 6717±01±M individuals, organizations, and agencies taken, but will not serve to make are invited to attend and assist the staff protestants parties to the proceeding. [Project No. 10855±002±MI] in identifying the scope of Copies of this filing are on file with the environmental issues that should be Commission and are available for public Upper Peninsula Power Company; analyzed in the environmental inspection. Notice of Site Visits and Public document. Lois D. Cashell, Scoping Meetings The evening meeting will be held on Secretary. October 29, 1996, from 7:00 p.m. to [FR Doc. 96–26405 Filed 10–15–96; 8:45 am] October 9, 1996. 10:00 p.m. at Don H. Bottum University BILLING CODE 6717±01±M The Federal Energy Regulatory Center, 540 West K Avenue, Marquette, Commission (Commission) is reviewing MI, in the Ontario Room, on the Campus an application for license for the of Northern Michigan University. [Docket Nos. CP88±391±020 and RP93±162± existing unlicensed Dead River Project The morning agency meeting will be 005] on the Dead River, Michigan. held on October 30, 1996, from 9:00 Transcontinental Gas Pipe Line The purpose of the scoping process is a.m. to 12:00 p.m. at Don H. Bottum Corporation; Notice of Annual Cash- to identify significant issues related to University Center, 540 West K Avenue, Out Reporting the proposed action and the continued Marquette, MI, in the Ontario Room, on operation of hydropower projects in the the Campus of Northern Michigan October 9, 1996. basin and to determine what issues University. Take notice that on September 27, should be covered in the environmental 1996, Transcontinental Gas Pipe Line document. The document entitled Objectives Corporation (Transco) filed its report of ‘‘Scoping Document I’’ is being At the scoping meetings, the cash-out purchases for the annual circulated to enable appropriate federal, Commission staff will: (1) Summarize period August 1, 1995 through July 31, state, and local resource agencies, the environmental issues tentatively 1996. The report was filed to comply developers, Indian tribes, non- identified for analysis in the with the cash-out provisions in Section governmental organizations, and other environmental document; (2) solicit 15 of the General Terms and Conditions interested parties to effectively from the meeting participants all of Transco’s FERC Gas Tariff. participate in and contribute to the available information, especially Pursuant to the requirements of the scoping process. This scoping document quantified data, on the resources at Commission’s order issued December 3, provides a brief description of the issue, and (3) encourage statements from 1993 in Docket No. RP93–162–002, proposed actions, the potential experts and the public on issues that Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53911 should be analyzed in the Hydropower Licensing, 888 First Street, the proposed activity shall be deemed to environmental document. NE, Washington, DC, 20426 (Telephone be authorized effective the day after the Individuals, organizations, and 202 219–2806), Lee Emery (Telephone time allowed for filing a protest. If a agencies with environmental expertise 202 219–2779), or Pete Leitzke protest is filed and not withdrawn and concerns are encouraged to attend (Telephone 202 219–2803. within 30 days after the time allowed the meetings and to assist the staff in Lois D. Cashell, for filing a protest, the instant request defining and clarifying the issues to be Secretary. shall be treated as an application for addressed in the environmental [FR Doc. 96–26402 Filed 10–15–96; 8:45 am] authorization pursuant to Section 7 of document. the Natural Gas Act. BILLING CODE 6717±01±M Meeting Procedures Lois D. Cashell, Secretary. The meetings will be recorded by a [Docket No. CP97±14±000] stenographer and, thereby, will become [FR Doc. 96–26401 Filed 10–15–96; 8:45 am] a part of the formal record of the Williams Natural Gas Company; Notice BILLING CODE 6717±01±M Commission proceeding on the Dead of Request Under Blanket River Project under consideration. Authorization Individuals presenting statements at the [Docket No. EF97±1011±000, et al.] meetings will be asked to identify October 9, 1996. themselves for the record. Take notice that on October 4, 1996, Alaska Power Administration, et al.; Concerned parties are encouraged to Williams Natural Gas Company (WNG), Electric Rate and Corporate Regulation offer us verbal guidance during public P.O. Box 3288, Tulsa, Oklahoma 74101, Filings meetings. Speaking time allowed for filed in Docket No. CP97–14–000 a individuals will be determined before request pursuant to §§ 157.205, 157.212 October 8, 1996. each meeting, based on the number of and 157.216 of the Commission’s Take notice that the following filings persons wishing to speak and the Regulations under the Natural Gas Act have been made with the Commission: approximate amount of time available (18 CFR 157.205, 157.212 and 157.216) for the session, but all speakers will be for authorization to abandon by reclaim 1. Alaska Power Administration provided at least five minutes to present the Western Resources, Inc. Jewell town [Docket No. EF97–1011–000] their views. border setting and a high pressure Persons choosing not to speak but regulator setting, and to relocate and Take notice that on October 1, 1996, wishing to express an opinion, as well construct a replacement town border the Deputy Secretary of the Department as speakers unable to summarize their setting, all located in Jewell County, of Energy, by Rate Order No. APA–12, positions within their allotted time, may Kansas, under WNG’s blanket certificate confirmed and approved on an interim submit written statements for inclusion issued in Docket No. CP82–479–000 basis effective October 1, 1996, Rate in the public record. pursuant to Section 7 of the Natural Gas Schedules A–F11, A–N12, and A–W3 Written scoping comments may also Act, all as more fully set forth in the applicable to power from and wheeling be filed with the Secretary, Federal request that is on file with the by Alaska Power Administration’s (AP) Energy Regulatory Commission, 888 Commission and open to public Eklutna Project. The rate schedules First Street, NE, Washington, DC 20426, inspection. which are being adjusted were until December 2, 1996. All filings WNG proposes to replace the Jewell previously confirmed and approved by should contain an original and 8 copies. town border setting with a skid- FERC on February 2, 1995, for a period Failure to file an original and 8 copies mounted positive displacement meter of five years, Docket No. EF94–1011– may result in appropriate staff not setting with two self-operated pressure 000. receiving the benefit of your comments regulator cuts. The new facilities will be Current rates in effect are 18.7 mills in a timely manner. See 18 C.F.R. located across the road from the existing per kilowatt-hour for firm energy; 10 4.34(h). site at the high pressure regulator mills per kilowatt-hour for non-firm All correspondence should clearly location in Jewell County, Kansas. The energy; and 3 mills per kilowatt-hour for show the following captions on the first facilities are being relocated due to wheeling. APA proposes to decrease the page: Dead River Project, FERC No. space limitation and site stability at the rate for firm energy to 8.8 mills per 10855. present site. kilowatt-hour, a decrease of 53 percent. All those attending the meeting are WNG states that the projected volume Rates for non-firm energy would be urged to refrain from making any of delivery will remain unchanged; the decreased to 8.8 mills per kilowatt-hour, communications concerning the merits most recent annual volume through the and wheeling would remain the same. of the application to any member of the Jewell town border setting was 109,500 The Department requests the approval Commission staff outside of the Dth with a peak day volume of 359 Dth. of the Commission of the adjusted rates established process for developing the WGN estimates the construction cost to for a period not to exceed five years record as stated into the record of the be $21,679 and the reclaim cost to be with the understanding that the rates proceeding. $3,285. Further, interested persons are Any person or the Commission’s staff can be adjusted at an earlier date if reminded of the Commission’s Rules of may, within 45 days after issuance of needed to comply with the cost recovery Practice and Procedures, requiring the instant notice by the Commission, criteria. The rate schedules are parties or interceders (as defined in 18 file pursuant to Rule 214 of the submitted for confirmation and CFR 385.2010) to file documents on Commission’s Procedural Rules (18 CFR approval on a final basis pursuant to each person whose name is on the 385.214) a motion to intervene or notice authority vested in the Commission by official service list for this proceeding. of intervention and pursuant to Amendment No. 3 to Delegation Order See 18 CFR 4.23(b). § 157.205 of the Regulations under the No. 0204–108. For further information, please Natural Gas Act (18 CFR 157.205) a Comment date: October 28, 1996, in contact Robert Bell, Federal Energy protest to the request. If no protest is accordance with Standard Paragraph E Regulatory Commission, Office of filed within the time allowed therefor, at the end of this notice. 53912 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

2. Chicago Energy Exchange of Chicago; Comment date: October 22, 1996, in tendered for filing an amendment in the Gulfstream Energy, LLC; Citizens accordance with Standard Paragraph E above-referenced docket. Lehman Power Sales; KCS Power at the end of this notice. Comment date: October 22, 1996, in Marketing, Inc. accordance with Standard Paragraph E 6. Delmarva Power & Light Company at the end of this notice. [Docket Nos. ER90–225–025, ER94–1597– [Docket No. ER96–2571–001] 008, ER94–1685–009, ER95–208–007 (not 11. PacifiCorp consolidated)] Take notice that on October 4, 1996, [Docket No. ER96–2875–000] Take notice that the following Delmarva Power & Light Company informational filings have been made tendered for filing a revised Market Rate Take notice that PacifiCorp on with the Commission and are on file Sales Tariff and Code of Conduct in October 3, 1996, tendered for filing an and available for inspection and compliance with the Commission’s amendment to its filing in this docket. copying in the Commission’s Public order of September 26, 1996 in the Copies of this filing were supplied to Reference Room: captioned docket. the Washington Utilities and Comment date: October 22, 1996, in Transportation Commission and the On September 23, 1996, Chicago accordance with Standard Paragraph E Public Utility Commission of Oregon. Energy Exchange of Chicago filed at the end of this notice. Comment date: October 22, 1996, in certain information as required by the accordance with Standard Paragraph E Commission’s April 19, 1990, order in 7. Niagara Mohawk Power Corporation at the end of this notice. Docket No. ER90–225–000. [Docket No. ER96–2619–000] On October 4, 1996, Gulfstream 12. US Energy, Inc. Take notice that on October 4, 1996, Energy, LLC filed certain information as [Docket No. ER96–2879–000] required by the Commission’s Niagara Mohawk Power Corporation Take notice that on October 2, 1996, November 21, 1994, order in Docket No. (NMPC) tendered for filing an US Energy, Inc. tendered for filing an ER94–1597–000. Amendment No. 1 to the Service Agreement between NMPC and Public amendment to its September 3, 1996, On October 3, 1996, Citizens Lehman Service Electric and Gas Company filing in the above-referenced docket. Power Sales filed certain information as (PSE&G). The Amendment unbundles Comment date: October 22, 1996, in required by the Commission’s February this power sales agreement by reducing accordance with Standard Paragraph E 2, 1995, order in Docket No. ER94– the NMPC Sales Tariff ceiling rates by at the end of this notice. 1685–000. the applicable transmission rates. 13. Russell Energy Sales Company On October 1, 1996, KCS Power NMPC requests an effective date of Marketing, Inc. filed certain information July 22, 1996. NMPC has requested [Docket No. ER96–2882–000] as required by the Commission’s March waiver of the notice requirements for Take notice that on October 3, 1996, 2, 1995, order in Docket No. ER95–208– good cause shown. Russell Energy Sales Company tendered 000. NMPC will serve copies of the filing for filing an amendment in the above- 3. Southwest Regional Transmission upon the New York State Public Service referenced docket. Commission and PSE&G. Comment date: October 22, 1996, in [Docket No. ER94–1381–003] Comment date: October 23, 1996, in accordance with Standard Paragraph E Take notice that on October 2, 1996, accordance with Standard Paragraph E at the end of this notice. Southwest Regional Transmission at the end of this notice. Association on behalf of its Members, 14. Niagara Mohawk Power submitted for filing the signature pages 8. Citizens Utilities Company Corporation of new Members and a list of all its [Docket No. ER96–2703–000] [Docket No. ER96–2885–000] Members by Member Class designation. Take notice that on September 27, Take notice that on October 4, 1996, Comment date: October 23, 1996, in 1996, Citizens Utilities Company Niagara Mohawk Power Corporation accordance with Standard Paragraph E tendered for filing an amendment in the (NMPC) tendered for filing an at the end of this notice. above-referenced docket. Amendment No. 1 to the Service 4. Northwest Regional Transmission Comment date: October 22, 1996, in Agreement between NMPC and VTEC Association accordance with Standard Paragraph E Energy Inc. (VTEC). The Amendment at the end of this notice. unbundles this power sales agreement [Docket No. ER95–19–006] 9. Entergy Services, Inc. by reducing the NMPC Sales Tariff Take notice that on October 1, 1996, ceiling rates by the applicable Northwest Regional Transmission [Docket No. ER96–2705–000] transmission rates. Association tendered for filing Take notice that on October 3, 1996, NMPC requests an effective date of additional Member Signature Pages for Entergy Services, Inc. (Entergy Services) August 22, 1996. NMPC has requested the Northwest Regional Transmission tendered for filing an amendment to its waiver of the notice requirements for Association Governing Agreement. August 13, 1996, filing of the good cause shown. Comment date: October 23, 1996, in Transmission and Distribution NMPC will serve copies of the filing accordance with Standard Paragraph E Operating Agreement between Arkansas upon the New York State Public Service at the end of this notice. Electric Cooperative Corporation and Commission and VTEC. 5. Central Vermont Public Service Energy Arkansas, Inc. Comment date: October 23, 1996, in Corporation Comment date: October 22, 1996, in accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. [Docket No. ER96–2256–001] at the end of this notice. 15. Niagara Mohawk Power Take notice that on September 23, 10. Citizens Utilities Company Corporation 1996, Central Vermont Public Service Corporation tendered for filing its [Docket No. ER96–2707–000] [Docket No. ER96–2889–000] refund report in the above-referenced Take notice that on September 27, Take notice that on October 4, 1996, docket. 1996, Citizens Utilities Company Niagara Mohawk Power Corporation Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53913

(NMPC) tendered for filing an [Docket No. ER96±3120±000, et al.] Delmarva’s open access transmission Amendment No. 1 to the Service tariff. Agreement between NMPC and USGen Kentucky Utilities Company, et al.; Delmarva states that copies of the Power Services L.P. (USGen). The Electric Rate and Corporate Regulation filing were provided to the City of Dover Amendment unbundles this power sales Filings and its agent, Duke/Louis Dreyfus. agreement by reducing the NMPC Sales October 7, 1996. Comment date: October 21, 1996, in Tariff ceiling rates by the applicable accordance with Standard Paragraph E Take notice that the following filings transmission rates. at the end of this notice. have been made with the Commission: NMPC requests an effective date of 5. Delmarva Power & Light Company August 16, 1996. NMPC has requested 1. Kentucky Utilities Company [Docket No. ER96–3124–000] waiver of the notice requirements for [Docket No. ER96–3120–000] good cause shown. Take notice that on September 27, NMPC will serve copies of the filing Take notice that on September 27, 1996, Delmarva Power & Light Company upon the New York State Public Service 1996, Kentucky Utilities Company (KU), (Delmarva), tendered for filing a service Commission and USGen. tendered for filing non-firm agreement providing for non-firm point- Comment date: October 23, 1996, in transmission service agreements with to-point transmission service from time accordance with Standard Paragraph E PacifiCorp Power Marketing, Inc., to time to Western Power Systems, Inc., at the end of this notice. Jacksonville Electric Authority, pursuant to Delmarva’s open access PanEnergy Power Services, Inc., 16. NGST Energy Services transmission tariff. Delmarva asks that Virginia Electric and Power Company the Commission set an effective date for [Docket No. ER96–2892–000] and Southern Energy Marketing, Inc. the service agreement of September 9, Take notice that on October 7, 1996, under its Transmission Services (TS) 1996, the date on which it was NGST Energy Services tendered for Tariffs. executed. filing an amendment in the above- Comment date: October 21, 1996, in Comment date: October 21, 1996, in referenced docket. accordance with Standard Paragraph E accordance with Standard Paragraph E Comment date: October 23, 1996, in at the end of this notice. at the end of this notice. accordance with Standard Paragraph E 2. Kentucky Utilities Company at the end of this notice. 6. Louisville Gas and Electric Company [Docket No. ER96–3121–000] [Docket No. ER96–3126–000] 17. CNG Energy Services Corporation Take notice that on September 27, Take notice that on September 30, [Docket No. ER96–3068–000] 1996, Kentucky Utilities Company (KU), 1996, Louisville Gas and Electric Take notice that on October 2, 1996, tendered for filing service agreements Company, tendered for filing copies of CNG Energy Services Corporation with PacifiCorp Marketing, Inc., service agreements between Louisville (CNGESC) supplemented its September PanEnergy Power Services, Inc., Gas and Electric Company and Enron 20, 1996, petition seeking authority to Jacksonville Electric Authority and Power Marketing, Inc. under Rate GSS. sell electricity at market-based rates. Southern Energy Marketing, Inc. under Comment date: October 21, 1996, in The Supplemental material included its Power Services (PS) Tariff. accordance with Standard Paragraph E clarifications sought by the Commission Comment date: October 21, 1996, in at the end of this notice. Staff. accordance with Standard Paragraph E Comment date: October 22, 1996, in at the end of this notice. 7. Central Illinois Public Service Company accordance with Standard Paragraph E 3. Delmarva Power & Light Company at the end of this notice. [Docket No. ER96–3127–000] [Docket No. ER96–3122–000] Standard Paragraph Take notice that on September 30, Take notice that on September 27, 1996, Central Illinois Public Service E. Any person desiring to be heard or 1996, Delmarva Power & Light Company Company (CIPS), submitted for filing a to protest said filing should file a (Delmarva), tendered for filing a service service agreement, dated September 23, motion to intervene or protest with the agreement providing for non-firm point- 1996, establishing Western Power Federal Energy Regulatory Commission, to-point transmission service from time Services, Inc. (Western) as a customer 888 First Street, N.E., Washington, D.C. to time to Duke/Louis Dreyfus pursuant under the terms of CIPS’ Open Access 20426, in accordance with Rules 211 to Delmarva’s open access transmission Transmission Tariff. and 214 of the Commission’s Rules of tariff. Delmarva asks that the CIPS requests an effective date of Practice and Procedure (18 CFR 385.211 Commission set an effective date for the September 23, 1996 for the service and 18 CFR 385.214). All such motions service agreement of September 18, agreement. Accordingly, CIPS requests or protests should be filed on or before 1996, the date on which it was waiver of the Commission’s notice the comment date. Protests will be executed. requirements. Copies of this filing were considered by the Commission in Comment date: October 21, 1996, in served upon Western and the Illinois determining the appropriate action to be accordance with Standard Paragraph E Commerce Commission. taken, but will not serve to make at the end of this notice. Comment date: October 21, 1996, in protestants parties to the proceeding. 4. Delmarva Power & Light Company accordance with Standard Paragraph E Any person wishing to become a party at the end of this notice. must file a motion to intervene. Copies [Docket No. ER96–3123–000] of this filing are on file with the 8. Central Illinois Public Service Take notice that on September 27, Company Commission and are available for public 1996, Delmarva Power & Light Company inspection. (Delmarva), tendered for filing a service [Docket No. ER96–3128–000] Lois D. Cashell, agreement providing for firm point-to- Take notice that on September 30, Secretary. point transmission service from October 1996, Central Illinois Public Service [FR Doc. 96–26406 Filed 10–15–96; 8:45 am] 1, 1996, through December 31, 1996, to Company (CIPS), submitted for filing BILLING CODE 6717±01±P the City of Dover pursuant to three executed service agreements, 53914 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices dated September 20, 1996, establishing Form of Service Agreement in Illinois Transmission Tariff. The Service PanEnergy Power Services, Inc. Power’s tariff. Agreement adds Aquila as an eligible (PanEnergy), TransCanada Power Corp. Illinois Power has requested an customer under the Tariff. (TransCanada), and Williams Energy effective date of October 1, 1996. PP&L requests an effective date of Services Company (Williams) as Comment date: October 21, 1996, in September 1, 1996, for the Service customers under the terms of CIPS’ accordance with Standard Paragraph E Agreement. Open Access Transmission Tariff. at the end of this notice. PP&L states that copies of this filing CIPS requests an effective date of 12. Tampa Electric Company have been supplied to Aquila and to the September 20, 1996 for the service Pennsylvania Public Utility agreements. Accordingly, CIPS requests [Docket No. ER96–3132–000] Commission. waiver of the Commission’s notice Take notice that on September 30, Comment date: October 21, 1996, in requirements. Copies of this filing were 1996, Tampa Electric Company (Tampa accordance with Standard Paragraph E served upon PanEnergy, TransCanada Electric), tendered for filing at the end of this notice. and Williams and the Illinois Commerce amendments to interchange agreements Commission. with the Florida Municipal Power 15. Pennsylvania Power & Light Comment date: October 21, 1996, in Agency, the Kissimmee Utility Company accordance with Standard Paragraph E Authority, and the Orlando Utilities [Docket No. ER96–3135–000] at the end of this notice. Commission, in order to reflect the Take notice that on September 30, 9. Illinois Power Company establishment of direct interconnections 1996, Pennsylvania Power & Light between the electric systems of Tampa Company (FP&L) filed a Service [Docket No. ER96–3129–000] Electric and these entities. Agreement, dated September 26, 1996, Take notice that on September 30, Tampa Electric proposes an effective with Enron Power Marketing, Inc. 1996, Illinois Power Company (Illinois date of March 13, 1996, for the (Enron) for non-firm point-to-point Power), 500 South 27th Street, Decatur, amendments, and therefore requests transmission service under FP&L’s Open Illinois 62526, tendered for filing a waiver of the Commission’s notice Access Transmission Tariff. The Service Power Sales Tariff, Service Agreement requirement. Agreement adds Enron as an eligible under which Rainbow Energy Marketing Copies of the filing have been served customer under the Tariff. on the other parties to the interchange Corporation will take service under FP&L requests an effective date of agreements and the Florida Public Illinois Power Company’s Power Sales September 3, 1996, for the Service Service Commission. Tariff. The agreements are based on the Agreement. Form of Service Agreement in Illinois Comment date: October 21, 1996, in FP&L states that copies of this filing Power’s tariff. accordance with Standard Paragraph E have been supplied to Enron and to the Illinois Power has requested an at the end of this notice. Pennsylvania Public Utility effective date of October 24, 1996. 13. Oklahoma Gas and Electric Commission. Comment date: October 21, 1996, in Company accordance with Standard Paragraph E Comment date: October 21, 1996, in at the end of this notice. [Docket No. ER96–3133–000] accordance with Standard Paragraph E at the end of this notice. 10. Illinois Power Company Take notice that on September 30, 1996, Oklahoma Gas and Electric 16. Florida Power & Light Company [Docket No. ER96–3130–000] Company (OG&E), tendered for filing an [Docket No. ER96–3136–000] Take notice that on September 30, Extension of Settlement Agreement with 1996, Illinois Power Company (Illinois Arkansas Valley Electric Cooperative Take notice that on September 30, Power), 500 South 27th Street, Decatur, Corporation (AVEC) under which OG&E 1996, Florida Power & Light Company Illinois 62526, tendered for filing firm would continue to supply electric (FPL), tendered for filing a proposed and non-firm transmission agreements service to AVEC under the Company’s Service Agreement with PECO Energy under which MidAmerican Energy Rate Schedule WC–1. OG&E has also Company-Power Team for non-firm Company will take transmission service filed revised electric service agreements transmission service under FPL’s Open pursuant to its open access transmission applicable to AVEC. Access Transmission Tariff. tariff. The agreements are based on the Copies of this filing have been served FPL requests that the proposed Form of Service Agreement in Illinois on each cooperative to whom the service agreement be permitted to Power’s tariff. Company supplies wholesale electric become effective on September 1, 1996. Illinois Power has requested an service, the Oklahoma Corporation FPL states that this filing is in effective date of October 1, 1996. Commission and the Arkansas Public accordance with Part 35 of the Comment date: October 21, 1996, in Service Commission. Commission’s Regulations. accordance with Standard Paragraph E Comment date: October 21, 1996, in Comment date: October 21, 1996, in at the end of this notice. accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. at the end of this notice. 11. Illinois Power Company 17. Florida Power & Light Company [Docket No. ER96–3131–000] 14. Pennsylvania Power & Light Company Take notice that on September 30, [Docket No. ER96–3137–000] 1996, Illinois Power Company (Illinois [Docket No. ER96–3134–000] Take notice that on September 30, Power), 500 South 27th Street, Decatur, Take notice that on September 30, 1996, Florida Power & Light Company Illinois 62526, tendered for filing a 1996, Pennsylvania Power & Light (FPL), tendered for filing a proposed Power Sales Tariff, Service Agreement Company (PP&L), filed a Service notice of cancellation of an umbrella under which Federal Energy Sales Agreement, dated September 30, 1996, service agreement with Engelhard Company will take service under with Aquila Power Corporation (Aquila) Power Marketing, Inc. for Firm Short- Illinois Power Company’s Power Sales for non-firm point-to-point transmission Term transmission service under FPL’s Tariff. The agreements are based on the service under PP&L’s Open Access Open Access Transmission Tariff. Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53915

FPL requests that the proposed reporter system. Some decisions and Little America Refining Company cancellation be permitted to become orders are available on the Office of (LARCO) sought a refund in the Atlantic effective on August 31, 1996. Hearings and Appeals World Wide Web Richfield Company Subpart V Special FPL states that this filing is in site at http://www.oha.doe.gov. Refund Proceeding based upon accordance with Part 35 of the Dated: October 7, 1996. purchases of 1.333 billion gallons of Commission’s Regulations. George B. Breznay, ARCO products. During much of the Comment date: October 21, 1996, in Director, Office of Hearings and Appeals. refund period, LARCO had received accordance with Standard Paragraph E ‘‘Delta/Beacon’’ exception relief from at the end of this notice. Decision List No. 968 the Oil Entitlement Program. The DOE Standard Paragraph Personnel Securing Hearings noted that Delta/Beacon exception relief generally insulated the recipient from E. Any person desiring to be heard or Headquarters, 4/18/96, VSO–0075 to protest said filing should file a A Hearing Officer from the Office of the affects of any overcharges, since any motion to intervene or protest with the Hearings and Appeals issued an overcharges the firm may have Federal Energy Regulatory Commission, Opinion regarding the eligibility of an experienced would have been 888 First Street, N.E., Washington, D.C. individual for access authorization compensated for by greater Delta/ 20426, in accordance with Rules 211 under the provisions of 10 C.F.R. Part Beacon relief. Accordingly, the DOE and 214 of the Commission’s Rules of 710. The Hearing Officer found that: (i) found that LARCO could not have been Practice and Procedure (18 CFR 385.211 The individual submitted several injured by any overcharges for those and 18 CFR 385.214). All such motions altered documents to the U.S. Army and periods for which LARCO received or protests should be filed on or before provided false information to the DOE entitlement exception relief, and a the comment date. Protests will be in a Personnel Security Interview; (ii) refund is inappropriate. the acts of the individual tend to show considered by the Commission in Moreover, the DOE determined that determining the appropriate action to be that the individual is not honest, reliable, or trustworthy; (iii) the DOE’s LARCO is ineligible for any refund, taken, but will not serve to make because its settlement of a private law protestants parties to the proceeding. security concerns regarding these behaviors were not overcome by suit against ARCO resolved all claims Any person wishing to become a party involving the petroleum price and must file a motion to intervene. Copies evidence mitigating the derogatory allocation laws and regulations. The of this filing are on file with the information underlying the DOE’s DOE found that the settlement Commission and are available for public charges. Accordingly, the Hearing constituted full compensation for any inspection. Officer found that the individual’s access authorization should not be ARCO overcharges that LARCO may Lois D. Cashell, restored. have experienced and that a refund Secretary. would result in double compensation at [FR Doc. 96–26399 Filed 10–15–96; 8:45 am] Oak Ridge Operations Office, 4/15/96, VSO–0065 the expense of other injured parties. BILLING CODE 6717±01±P A Hearing Officer recommended that Consequently, the DOE determined that access authorization not be restored to LARCO is not eligible to receive any Office of Hearings and Appeals an employee whose access was Subpart V refund from the ARCO suspended due to evidence of marijuana consent order funds. Furthermore, even Notice of Issuance of Decisions and use. The Hearing Officer found that the if the effects of the settlement and Orders During the Week of April 15 employee had not presented sufficient receipt of Delta/Beacon exception relief Through April 19, 1996 evidence of rehabilitation to mitigate were discounted, LARCO was at a valid security concerns. competitive disadvantage with respect During the week of April 15 through to only about 15 percent of the ARCO April 19, 1996, the decisions and orders Supplemental Order products it purchased, as its other summarized below were issued with Howard W. Spaletta, 4/19/96, VWX– ARCO purchases were priced below the respect to appeals, applications, 0004 prevailing market prices. Accordingly, petitions, or other requests filed with In Howard W. Spaletta, 24 DOE the Office of Hearings and Appeals of LARCO’s Application for Refund was 87,511 (1995), a Hearing Officer found denied. the Department of Energy. that Mr. Spaletta has been retaliated Copies of the full text of these against in violation of the DOE’s Refund Applications decisions and orders are available in the Contractor Employee Protection Public Reference Room of the Office of Program, 10 C.F.R. Part 708. This The Office of Hearings and Appeals Hearings and Appeals, Room 1E–234, supplemental determination awarded issued the following Decisions and Forrestal Building, 1000 Independence Mr. Spaletta $12,321 in back pay, Orders concerning refund applications, Avenue, SW, Washington, D.C. 20585– interest, attorney’s fees, and other which are not summarized. Copies of 0107, Monday through Friday, between expenses. the full texts of the Decisions and the hours of 1:00 p.m. and 5:00 p.m., Orders are available in the Public Refund Application except federal holidays. They are also Reference Room of the Office of available in Energy Management: Atlantic Richfield Company/Little Hearings and Appeals. Federal Energy Guidelines, a America Refining Company, 4/15/ commercially published loose leaf 96, RF304–9095 COOLEY FARMS ET AL ...... RK272±0126 ...... 04/15/96 CRUDE OIL SUPPLE REF DIST ...... RB272±00072 ...... 04/18/96 DALE OLSEN ET AL ...... RK272±00008 ...... 04/16/96 GULF OIL CORPORATION/PINEY GROVE HARDWARE ET AL ...... RF300±13196 ...... 04/15/96 53916 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

[FR Doc. 96–26422 Filed 10–15–96; 8:45 am] over a 14-year period. Most importantly, The Department of Energy granted BILLING CODE 6450±01±P the Hearing Officer concluded that there exception relief to Mercury Fuel had not been sufficient time since the Service, Inc., from its obligation to file individual’s last use of marijuana to Form EIA–782B. In the Decision, the Notice of Issuance of Decisions and indicate that he will refrain in the future DOE determined that the filing Orders During the Week of June 10 from the use of illegal drugs. The requirement imposed a severe burden Through June 14, 1996 Hearing Officer also found that the on Mercury because the owner and During the week of June 10 through individual had failed to mitigate the other key administrative personnel who June 14, 1996, the decisions and orders security concerns associated with (1) his could complete the form were summarized below were issued with deliberate falsification of significant experiencing severe health problems. respect to appeals, applications, information concerning his prior drug The DOE, therefore, relieved Mercury of petitions, or other requests filed with use on his QSP or (2) his recent arrest its obligation to file the form until the Office of Hearings and Appeals of for speeding, evading arrest, and September 1997. the Department of Energy. The possession of drug paraphernalia. Supplemental Order following summary also contains a list Accordingly, the Hearing Officer recommended that the individual’s of submissions that were dismissed by C. Lawrence Cornett, 6/13/96, VWX– access authorization should not be the Office of Hearings and Appeals. 0009 Copies of the full text of these restored. decisions and orders are available in the Albuquerque Operations Office, 6/12/ A Hearing Officer from the Office of Public Reference Room of the Office of 96, VSA–0061 Hearings and Appeals issued an Order Hearings and Appeals, Room 1E–234, to Show Cause regarding a Motion to Forrestal Building, 1000 Independence An individual filed a request for Dismiss filed by Maria Elena Torano Avenue, SW, Washington, D.C. 20585– review of a DOE Hearing Officer’s Associates, Inc. (META). META sought 0107, Monday through Friday, between recommendation against restoring his the dismissal of a complaint filed by C. the hours of 1:00 p.m. and 5:00 p.m., access authorization. The access Lawrence Cornett under the DOE’s authorization had been suspended by except federal holidays. They are also Contractor Employee Protection the Department of Energy’s available in Energy Management: Program, 10 C.F.R. Part 708. In its Albuquerque Operations Office (DOE/ Federal Energy Guidelines, a Motion, META alleged that it did not AL) upon its receipt of derogatory commercially published loose leaf perform work at DOE sites as defined by information indicating that the reporter system. Some decisions and Section 708.4, and thus it was not individual had engaged in unusual orders are available on the Office of subject to Part 708 jurisdiction. After Hearings and Appeals World Wide Web conduct tending to show that he is not honest, reliable, or trustworthy. reviewing the affidavits submitted by site at http://www.oha.doe.gov. the parties on the nature and extent of Upon review, the individual claimed Dated: October 7, 1996. work activities performed by META (1) that he did not commit any crimes George B. Breznay, related to the non-filing of income tax employees, the Hearing Officer issued Director, Office of Hearings and Appeals. returns and the non-payment of income an Order to Show Cause and scheduled a hearing on the jurisdictional issue Decision List No. 976 tax, and (2) that his actions did not constitute unusual conduct. The raised by META. Personnel Security Hearings Director found that the issues presented Refund Applications Albuquerque Operations Office, 6/10/ by the individual did not mitigate the 96, VSO–0083 DOE’s security concerns. Accordingly, The Office of Hearings and Appeals A DOE Hearing Officer issued an the Director found that the individual’s issued the following Decisions and Opinion concerning the eligibility of an access authorization should not be Orders concerning refund applications, individual for continued access restored. which are not summarized. Copies of authorization. The Hearing Officer the full texts of the Decisions and Request for Exception found that the individual had not Orders are available in the Public mitigated the security concern arising Mercury Fuel Service, Inc., 6/14/96, Reference Room of the Office of from his occasional use of marijuana VEE–0020 Hearings and Appeals. Boston Buffalo Express, Inc ...... RG272±325 ...... 06/13/96 City of NAPA et al ...... RA272±73 ...... 06/11/96 Cravat Coal Co., Inc ...... RG272±318 ...... 06/13/96 Equitable Gas Company et al ...... RF272±77197 ...... 06/13/96 Golden Cat Division/Ralston Purina Company ...... RJ272±00012 ...... 06/13/96 Gulf Oil Corporation/Bob's Gulf ...... RF300±16872 ...... 06/13/96 Gulf Oil Corporation/C.B. Hughes ...... RF300±21832 ...... 06/14/96 Kenneth Whipple et al ...... RK272±02055 ...... 06/14/96 Lacrescent Oil Company ...... RG272±328 ...... 06/13/96 New Orleans Public Service, Inc ...... RF272±88742 ...... 06/11/96 North Florida Transport Service, Inc ...... RG272±311 ...... 06/13/96 Silvey Refrigerated Carriers, Inc ...... RF272±77714 ...... 06/13/96 St. Peter's Parish et al ...... RF272±97803 ...... 06/11/96 Yellow Freight System, Inc ...... RG272±355 ...... 06/13/96

Dismissals The following submissions were dismissed: Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53917

Name Case No.

Affiliated Aggregates ...... RF272±98169 American Safety Service, Inc ...... RF272±98198 Blachowske Truck Line, Inc ...... RG272±330 Brisbane Elementary School ...... RF272±95933 Central Sand & Gravel ...... RF272±98241 Chaseburg Farmers Union Co-op ...... RG272±344 Choi Aviation Inc ...... RF272±97993 County Concrete Co ...... RF272±98254 Davidson Supply Co ...... RF272±98161 F. Randandt & Sons ...... RF272±98176 Fairchild-Florida Construction Co ...... RF272±98257 Farmers Union Oil ...... RG272±292 Farmers Union Oil Co ...... RG272±317 Francis J. Palo, Inc ...... RF272±98206 Frank Silha & Sons Excavating ...... RF272±98246 H.B. Rowe & Co., Inc ...... RF272±98251 Herlihy Mid-Continent Co ...... RF272±98248 Highways, Inc ...... RF272±98173 J.D. Eckman, Inc ...... RF272±98205 J.F. Allen Co ...... RF272±98258 John J. Mudge ...... VFA±0158 L.A.B. Flying Services Inc ...... RF272±97987 Lang Bros., Inc ...... RF272±98244 Louis & Armando Bolli ...... RF300±14605 McKay Contractors, Inc ...... RF272±98247 Miller Cable Co ...... RF272±98172 Modale Cooperative Assn...... RG272±354 Northern Pipeline Construction Co ...... RF272±98252 P.J. Construction Co ...... RF272±98240 P.S. & F. Construction Co ...... RF272±98170 Pan American Construction Co ...... RF272±98243 Rosebud Farmers Union Co-op ...... RG272±322 Ryan Air Services, Inc ...... RF272±97999 S.G. Hayes and Co ...... RF272±98253 Saint Charles County Co-op Co ...... RG272±587 Saudi Arabian Airlines Corp ...... RG272±743 Schuykill, Inc ...... RF272±98174 Sheboygan Sand & Gravel ...... RF272±98177 Spartan Express ...... RG272±619 Unalakleet Air Taxi ...... RF272±97978 V.O. Menuez & Son, Inc ...... RF272±98255 Valley Seeding Co, Inc ...... RF272±98259 Wayne W. Sell Corp ...... RG272±343 Wilbur's Inc ...... RF272±97970 Zambia Airways Corp ...... RF272±97947

[FR Doc. 96–26423 Filed 10–15–96; 8:45 am] BILLING CODE 6450±01±P

Issuance of Decisions and Orders; the hours of 1:00 p.m. and 5:00 p.m., transcripts of certain electronic mail Week of August 12 Through August 16, except federal holidays. They are also communications. In the decision, the 1996 available in Energy Management: DOE found that the transcripts were Federal Energy Guidelines, a properly withheld under Exemption 5. During the week of August 12 through commercially published loose leaf Refund Application August 16, 1996, the decisions and reporter system. Some decisions and orders summarized below were issued orders are available on the Office of Midwest Specialized Transportation, with respect to appeals, applications, Hearings and Appeals World Wide Web Inc., 8/14/96, RF272–97965 petitions, or other requests filed with site at http://www.oha.doe.gov. The DOE denied an Application for the Office of Hearings and Appeals of Dated: October 7, 1996. Refund filed on behalf of Midwest the Department of Energy. The George B. Breznay, Specialized Transportation, Inc. (MST) following summary also contains a list in the crude oil refund proceeding. Prior Director, Office of Hearings and Appeals. of submissions that were dismissed by to the filing of MST’s Application, MST the Office of Hearings and Appeals. Decision List No. 985 had applied for a refund in the Surface Copies of the full text of these Appeal Transporters proceeding. After MST decisions and orders are available in the informed the DOE in 1987 that MST’s Public Reference Room of the Office of Greenpeace, 8/12/96, VFA–0186 owner-operators had purchased more Hearings and Appeals, Room 1E–234, The Department of Energy denied a than 99 percent of the fuel used in Forrestal Building, 1000 Independence Freedom of Information Act Appeal that MST’s surface transportation activities, Avenue, SW, Washington, D.C. 20585– was filed by Greenpeace. In its Appeal, and MST had itself purchased less than 0107, Monday through Friday, between Greenpeace sought the release of 250,000 gallons, the DOE found MST 53918 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices ineligible for a Surface Transporters Hearings and Appeals World Wide Web However, the OHA did not order a refund. In MST’s 1994 Subpart V crude site at http://www.oha.doe.gov. direct repayment of that money. Instead oil refund, the applicant claimed that it, Dated: October 7, 1996. each applicant’s supplemental refund not its owner/operators, purchased George B. Breznay, will be reduced by the overpayment. 2,298,915 gallons of refined petroleum Director, Office of Hearings and Appeals. Texaco Inc./Sun Enterprises, Ltd. and products. In its decision, the DOE Anglo-American Shipping Co., 9/6/ determined that because MST had now Decision List No. 936 95, RF321–7581; RR321–7582 proved that it bought more than 250,000 Appeals The DOE issued a Decision and Order gallons, it had been eligible for a Surface James Minter, 9/6/95, VFA–0064 concerning Applications for Refund Transporters refund. Thus, the submitted by Sun Enterprises, Ltd. applicant’s Stripper Well waiver was James Minter filed an Appeal from a (Sun) and Anglo-American Shipping Co. effective, and the DOE denied MST’s determination issued by the (Anglo) in the Texaco Inc. special Subpart V refund application. Further, Albuquerque Operations Office (DOE/ refund proceeding. Both applicants the DOE could not reopen the Surface AL) in response to a request filed under submitted invoices indicating that they Transporters proceeding, as the the Freedom of Information Act. The purchased, in the United States, a proceeding closed years ago, and the Appellant sought documents relating to portion of their petroleum products applicant failed to present any adequate an alleged assault and battery between from London based Texaco, Ltd. The reason for failing to submit a timely himself and another DOE employee. In applicants argued that U.S. Texaco Ltd. Motion for Reconsideration in that its Decision, the Office of Hearings and purchases should not be deemed a ‘‘first earlier proceeding. Appeals (OHA) rejected the Appellant’s sale into U.S. commerce,’’ and thus attempt to expand the scope of the Dismissals ineligible for a refund, because Texaco appeal. The OHA concluded that there Ltd. would have most likely sold U.S. The following submissions were may be responsive documents that were price-controlled petroleum products dismissed: not identified in the initial search. instead of higher priced ‘‘first sale’’ Accordingly, the DOE granted the foreign imported oil. The DOE held that Name Case No. Appeal and remanded the matter to it would presume, in the absence of DOE/AL for further action. other information indicating that a BROOKS SCANLON, INC. RF272±97995 Klickitat Energy Partners, 9/8/95, VFA– purchase was, in fact, a ‘‘first sale’’ CITY OF RICHARDSON ...... RF272±95234 0065 ROCKY FLATS FIELD OF- VSO±0105 purchase, that Sun’s and Anglo’s FICE. Klickitat Energy Partners filed an purchases in which the product was SOUTHLAND POWER CON- RF272±77584 Appeal from a partial denial by the obtained in the United States would be STRUCTORS. Bonneville Power Administration of a eligible for a refund in the Texaco TRAP ROCK INDUSTRIES, RF272±95254 Freedom of Information Act Request. proceeding. Consequently, the DOE INC. The DOE found that BPA failed to approved refunds for the applicants. provide adequate descriptions of the [FR Doc. 96–26424 Filed 10–15–96; 8:45 am] documents that were withheld under Refund Applications BILLING CODE 6450±01±P Exemption 5, and that the justification The Office of Hearings and Appeals for withholding documents was issued the following Decisions and inadequate. The matter was remanded Orders concerning refund applications, Issuance of Decisions and Orders; to BPA for a new determination. The which are not summarized. Copies of Week of September 4 Through DOE also found that BPA’s search for the full texts of the Decisions and September 8, 1995 responsive documents was adequate. Orders are available in the Public Reference Room of the Office of Personnel Security Hearing During the week of September 4 Hearings and Appeals. through September 8, 1995, the Oak Ridge Operations Office, 9/8/95, Crude Oil Supplemental Refund decisions and orders summarized below VSO–0029 Distribution, RB272–25, 09/05/95 were issued with respect to appeals, A Hearing Officer recommended that applications, petitions, or other requests Crude Oil Supplemental Refund access authorization not be restored to Distribution, RB272–45, 09/06/95 filed with the Office of Hearings and an employee whose access was Crude Oil Supplemental Refund Appeals of the Department of Energy. suspended due to evidence of alcohol Distribution, RB272–18, 09/08/95 The following summary also contains a dependence. The Hearing Officer found list of submissions that were dismissed the employee had not shown sufficient Crude Oil Supplemental Refund by the Office of Hearings and Appeals. evidence of rehabilitation to mitigate Distribution, RB272–50, 09/08/95 Copies of the full text of these valid security concerns raised by his Texaco Inc./R.W. Dickman Company, decisions and orders are available in the excessive use of alcohol. Inc., RR321–0116, 09/05/95 Public Reference Room of the Office of Refund Applications Dismissals Hearings and Appeals, Room 1E–234, Forrestal Building, 1000 Independence State of Montana, Et Al., 9/5/95; RK272– The following submissions were Avenue, SW, Washington, D.C. 20585– 00147, Et Al. dismissed: 0107, Monday through Friday, between During a review process for the Name and Case No. the hours of 1:00 p.m. and 5:00 p.m., issuance of a supplemental refund to all Albuquerque Operations Office; VSO– except federal holidays. They are also applicants previously granted refunds in 0047 available in Energy Management: the crude oil proceeding, the Office of Craig Investments, Inc.; RF304–15177 Federal Energy Guidelines, a Hearings and Appeals (OHA) discovered Jacob’s Fuel Oil Service; RF300–21559 commercially published loose leaf a group of possible duplicate refunds. reporter system. Some decisions and The OHA determined that in each case [FR Doc. 96–26425 Filed 10–15–96; 8:45 am] orders are available on the Office of the smaller refund should be rescinded. BILLING CODE 6450±01±P Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53919

ENVIRONMENTAL PROTECTION other pertinent details. Facilities subject and AGENCY to Subpart LLL must submit information Office of Information and Regulatory on excess SO2 emissions. Large facilities Affairs, Office of Management and [FRL±5636±7] subject to Subpart LLL must install, Budget, Attention: Desk Officer for Agency Information Collection calibrate, maintain and operate SO2 EPA 725 17th Street, NW, Activities Under OMB Review; CEMS. These facilities would also have Washington, DC 20503. Standards of Performance for Onshore to submit the results of initial Dated: October 9, 1996. Natural Gas Processing Plants performance tests. Owners/operators of all affected facilities must report Joseph Retzer, Director, Regulatory Information Division. AGENCY: Environmental Protection semiannually on the operating Agency. information contained in the records. [FR Doc. 96–26450 Filed 10–15–96; 8:45 am] BILLING CODE 6560±50±M ACTION: Notice. This information is collected and used to ensure that the standards for VOC SUMMARY: In compliance with the and SO2 emissions are being met. An Paperwork Reduction Act (44 U.S.C. agency may not conduct or sponsor, and [FRL±5619±2] 3501 et seq.), this notice announces that a person is not required to respond to, the Information Collection Request (ICR) a collection of information unless it Water Pollution Control; Approval of for Standards of Performance for displays a currently valid OMB control Application by Utah to Administer the Onshore Natural Gas Processing Plants number. The OMB control numbers for Sludge Management (Biosolids) described below has been forwarded to EPA’s regulations are listed in 40 CFR Program the Office of Management and Budget Part 9 and 48 CFR Chapter 15. The (OMB) for review and comment. The Federal Register Notice required under AGENCY: Environmental Protection ICR describes the nature of the 5 CFR 1320.8(d), soliciting comments on Agency (EPA). information collection and its expected this collection of information was ACTION: Approval of Application. burden and cost; where appropriate, it published on 3/26/96 (61 FR 13172). includes the actual data collection Burden Statement: The annual public SUMMARY: The State of Utah submitted instrument. reporting and recordkeeping burden for an application to EPA to administer and this collection of information is enforce the sludge management program DATES: Comments must be submitted on estimated to average 101 hours per for regulating sludge management or before November 15, 1996. response. Burden means the total time, activities in the State. The program was FOR FURTHER INFORMATION OR A COPY effort, or financial resources expended authorized effective June 14, 1996. CALL: Sandy Farmer at EPA, (202) 260– by persons to generate, maintain, retain, FOR FURTHER INFORMATION CONTACT: Bob 2740, and refer to EPA ICR No. 1086.05. or disclose or provide information to or Brobst at (303) 312–6129, Water Permits SUPPLEMENTARY INFORMATION: for a Federal agency. This includes the Team (8P2–W–P); USEPA, Region VIII; time needed to review instructions; Title: [NSPS Subparts KKK (for VOC One Denver Place, 999 18th Street, Suite develop, acquire, install, and utilize 500; Denver, CO 80202–2466. emissions) and LLL (for SO2 emissions), technology and systems for the purposes SUPPLEMENTARY INFORMATION: The Standards of Performance for Onshore of collecting, validating, and verifying application of the Utah Department of Natural Gas Processing Plants], (OMB information, processing and Environmental Quality (UDEQ) was Control No. 2060–0120; EPA ICR No. maintaining information, and disclosing received by EPA on October 10, 1995. 1068). This is a request for extension of and providing information; adjust the Modifications were made to the a currently approved collection. existing ways to comply with any Addendum to the Memorandum of Abstract: Owners/Operators of previously applicable instructions and Agreement for Sludge Management Onshore Natural Gas Processing Plants requirements; train personnel to be able subject to Subparts KKK and LLL must to respond to a collection of Program, based on discussions between notify EPA of construction, information; search data sources; EPA, UDEQ, and the Office of the State modification, startups, shutdowns, complete and review the collection of Attorney General. malfunctions, dates and results of initial information; and transmit or otherwise UDEQ’s application was described in performance tests. Owners/operators disclose the information. the April 17, 1996 Federal Register at subject to these standards must make Estimated Number of Affected Vol. 61, No. 75, pages 16787 and 16788, one-time-only reports of notification of Entities: 332. and in notices published in the Salt the date of construction or Frequency of Response: Semiannually Lake Tribune and Deseret News and the reconstruction and notification of the and as needed. St. George Daily Spectrum on April 20, anticipated and actual startup dates. Estimated Total Annual Hour Burden: 1996. Owners/operators subject to these 46,032 hours. Copies of UDEQ’s application package standards must also report on the Send comments on the Agency’s need were available for public review at the notification of any physical or for this information, the accuracy of the EPA Region VIII Office and at the UDEQ operational change that may cause provided burden estimates, and any office in Salt Lake City, Utah. emissions increases and are also suggested methods for minimizing EPA provided copies of the public required to maintain records of the respondent burden, including through notice to permitted facilities, tribal occurrence and duration of any startup, the use of automated collection councils and tribal environmental shutdown or malfunction in the techniques to the following addresses. agencies, certain Federal agencies, and operation of an affected facility, or any Please refer to EPA ICR No. 1086.05 and environmental groups within Utah. The period in which the monitoring system OMB Control No. 2060–0120 in any mailing list used is part of the record of is inoperable. correspondence. the program application and review Facilities subject to Subpart KKK Ms. Sandy Farmer, U.S. Environmental process. EPA and UDEQ discussed the must provide information on leaks, Protection Agency, OPPE Regulatory program application with the Utah including the date when the leak was Information Division (2137), 401 M Office of the U.S. Fish & Wildlife detected, the repair method used and Street, SW, Washington, DC 20460. Service and received their concurrence 53920 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices that the proposed program authorization Indian Country within the Uintah and sludge. This request was outside the was unlikely to jeopardize the Ouray Indian Reservation was currently purview of this authorization action and continued existence of any endangered under litigation in Federal court, and was forwarded to the EPA Office of or threatened species or result in the until that litigation was complete, that Water. destruction or adverse modification of the EPA would enter into discussions Conclusion habitat of such species. By letter dated with the Ute Indian tribe of the Uintah April 4, 1996, EPA provided a copy of and Ouray Reservation and with the The State of Utah has demonstrated Utah’s application to the Utah State State of Utah to determine the best that it adequately meets the Historic Preservation Officer and interim approach to managing the requirements for program modification received their concurrence by letter program in the disputed area. In to include sludge management as dated April 16, 1996. EPA accepted withholding authorization for these defined in the Clean Water Act, 40 CFR written comments from the public. All areas, EPA was not making a Part 123, and 40 CFR Part 503. The U.S. comments or objections received in determination as to whether or not Utah Fish & Wildlife Service concurred with writing by EPA Region VIII by May 20, had adequate jurisdiction. As noted the EPA ‘‘no adverse effect’’ 1996 were considered by EPA. earlier, EPA provided copies of Utah’s determination regarding program Two comments were received. public notices to tribal councils and authorization. The State Historic The first comment concerned tribal environmental agencies located Preservation Office concurred with the jurisdiction on Indian Country. The within or abutting the State of Utah. EPA ‘‘no affect’’ determination. Blackfeet Nation, Blackfeet It should be noted that there are no Environmental Office, stated that: EPA-issued sludge management permits At this time, EPA is withholding for facilities or activities in Indian authorization to administer the sludge ‘‘Utah DEQ should only be able to permit management program on Indian Country on lands outside the exterior boundary of the Country at this time. Operators or owners of facilities or activities subject located within Utah, including lands for Indian reservations in Utah. The which there is significant controversy Environmental Protection Agency has the to the sludge management program sole responsibility of permitting on the which are located on or within the over whether or not the land is Indian reservation if the tribes do not or are not Uintah and Ouray Reservation should Country. capable of permitting themselves. I feel that send permit applications to EPA. Federal Register Notice of Approval of to ensure environmental justice to Indian Persons with questions as to whether State NPDES Programs or Modifications Tribes, permitting should only be done by their facilities may be in Indian Country Tribes or EPA, not States.’’ are advised to consult with the Bureau EPA must provide Federal Register As outlined in EPA’s April 17, 1996 of Indian Affairs and the EPA. notice of any action by the Agency Federal Register and April 20, 1996 The second comment, from the approving or modifying a State NPDES newspaper notices, EPA withheld from Milwaukee Metropolitan Sewerage program. The following table will sludge management program District, supported approval of Utah’s provide the public with an up-to-date authorization consideration those lands request for delegation of the biosolids list of the status of NPDES permitting which were in Indian Country or for program. The District also requested authority throughout the country. which there was significant controversy that EPA issue national guidance Today’s Federal Register notice is to over whether or not the land was Indian explicitly providing for reciprocity for announce the approval of Utah’s Country. The notices also acknowledged other-state issued permits for authority to administer the sludge that the exact geographical extent of ‘‘exceptional quality’’ bulk or bagged management program.

STATE NPDES PROGRAM STATUS

Approved state Approved to regu- Approved State Approved sludge State NPDES permit pro- late Federal facili- pretreatment pro- Approved general management pro- gram ties gram permits program gram

Alabama ...... 10/19/79 10/19/79 10/19/79 06/26/91 Arkansas ...... 11/01/86 11/01/86 11/01/86 11/01/86 California ...... 05/14/73 05/05/78 09/22/89 09/22/89 Colorado ...... 03/27/75 ...... 03/04/83 Connecticut ...... 09/26/73 01/09/89 06/03/81 03/10/92 Delaware ...... 04/01/74 ...... 10/23/92 Florida 1 ...... 05/01/95 05/01/95 05/01/95 05/01/95 Georgia ...... 06/28/74 12/08/80 03/12/81 01/28/91 Hawaii ...... 11/28/74 06/01/79 08/12/83 09/30/91 Illinois ...... 10/23/77 09/20/79 ...... 01/04/84 Indiana ...... 01/01/75 12/09/78 ...... 04/02/91 Iowa ...... 08/10/78 08/10/78 06/03/81 08/12/92 Kansas ...... 06/28/74 08/28/85 ...... 11/24/93 Kentucky ...... 09/30/83 09/30/83 09/30/83 09/30/83 Maryland ...... 09/05/74 11/10/87 09/30/85 09/30/91 Michigan ...... 10/17/73 12/09/78 04/16/85 ...... Minnesota ...... 06/30/74 12/09/78 07/16/79 12/15/87 Mississippi ...... 05/01/74 01/28/83 05/13/82 09/27/91 Missouri ...... 10/30/74 06/26/79 06/03/81 12/12/85 Montana ...... 06/10/74 06/23/81 ...... 04/29/83 Nebraska ...... 06/12/74 11/02/79 09/07/84 07/20/89 Nevada ...... 09/19/75 08/31/78 ...... 07/27/92 New Jersey ...... 04/13/82 04/13/82 04/13/82 04/13/82 New York ...... 10/28/75 06/13/80 ...... 10/15/92 North Carolina ...... 10/19/75 09/28/84 06/14/82 09/06/91 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53921

STATE NPDES PROGRAM STATUSÐContinued

Approved state Approved to regu- Approved State Approved sludge State NPDES permit pro- late Federal facili- pretreatment pro- Approved general management pro- gram ties gram permits program gram

North Dakota ...... 06/13/75 01/22/90 ...... 01/22/90 Ohio ...... 03/11/74 01/28/83 07/27/83 08/17/92 Oregon ...... 09/26/73 03/02/79 03/12/81 02/23/82 Pennsylvania ...... 06/30/78 06/30/78 ...... 08/02/91 Rhode Island ...... 09/17/84 09/17/84 09/17/84 09/17/84 South Carolina ...... 06/10/75 09/26/80 04/09/82 09/03/92 South Dakota ...... 12/30/93 12/30/93 12/30/93 12/30/93 Tennessee ...... 12/28/77 09/30/86 08/10/83 04/18/91 Utah ...... 07/07/87 07/07/87 07/07/87 07/07/87 06/14/96 Vermont ...... 03/11/74 ...... 03/16/82 08/26/93 Virgin Islands ...... 06/30/76 ...... Virginia ...... 03/31/75 02/09/82 04/14/89 05/20/91 Washington ...... 11/14/73 ...... 09/30/86 09/26/89 West Virginia ...... 05/10/82 05/10/82 05/10/82 05/10/82 Wisconsin ...... 02/04/74 11/26/79 12/24/80 12/19/86 Wyoming ...... 01/30/75 05/18/81 ...... 09/24/91

Totals ...... 41 36 29 39 1 Number of Fully Authorized Programs (Federal Facilities, Pretreatment, General Permits, Sludge Management)=1. 1 The Florida authorizations of 05/01/95 represents a phased NPDES program authorization to be completed by the year 2000.

Certification Under the Regulatory at 5 U.S.C. 605(b), I hereby certify that effective or least burdensome alternative Flexibility Act this authorization will not have a that achieves the objectives of the rule. EPA has determined that this significant economic impact on a The provisions of section 205 do not authorization will not have a significant substantial number of small entities. apply when they are inconsistent with economic impact on a substantial This authorization effectively approves applicable law. Moreover, section 205 number of small entities. EPA the Utah program to operate in lieu of allows EPA to adopt an alternative other recognizes that small entities may own the Federal program, thereby than the least costly, most cost-effective and/or operate facilities or businesses eliminating duplicative requirements for or least burdensome alternative if the that will become subject to the sludge management facility or business Administrator publishes with the final requirements of an approved state operators or owners in the State. It does rule an explanation why that alternative sludge management program. However, not impose any new burdens on small was not adopted. Before EPA establishes since such small entities which own entities. This document, therefore, does any regulatory requirements that may and/or operate sludge management not require a regulatory flexibility significantly or uniquely affect small facilities or businesses are already analysis. governments, including tribal governments, it must have developed subject to the requirements in 40 CFR Executive Order 12866 parts 423 and 503, this authorization under section 203 of the UMRA a small does not impose any additional burdens The Office of Management and Budget government agency plan. The plan must on these small entities. This is because has exempted this document from provide for notifying potentially EPA’s authorization would result in an Executive Order 12866. affected small governments, enabling officials of affected small governments administrative change (i.e., whether Unfunded Mandates Reform Act EPA or the State administers the sludge to have meaningful and timely input in management program in that State), Title II of the Unfunded Mandates the development of EPA regulatory rather than result in a change in the Reform Act of 1995 (UMRA), Public proposals with significant Federal substantive requirements imposed on Law 104–4, establishes requirements for intergovernmental mandates, and small entities. Once EPA authorizes a Federal agencies to assess the effects of informing, educating, and advising State to administer its own sludge their regulatory actions on State, local, small governments on compliance with management program, these same small and tribal governments and the private the regulatory requirements. entities will be able to own and operate sector. Under section 202 of the UMRA, Today’s document contains no their facilities or businesses under the EPA generally must prepare a written Federal mandates for State, local or approved state program, in lieu of the statement, including a cost-benefit tribal governments or the private sector. Federal program. Moreover, this analysis, for proposed and final rules The Act excludes from the definition of authorization, in approving a State with ‘‘Federal mandates’’ that may a ‘‘Federal mandate’’ duties that arise program to operate in lieu of the Federal result in expenditures to State, local, from participation in a voluntary program, eliminates duplicative and tribal governments, in the aggregate, Federal program, except in certain cases requirements for owners and operators or to the private sector, of $100 million where a ‘‘federal intergovernmental of sludge management facilities and or more in any one year. Before mandate’’ affects an annual federal businesses in that particular State. promulgating an EPA rule for which a entitlement program of $500 million or Therefore, EPA provides the following written statement is needed, section 205 more that are not applicable here. Utah’s certification under the Regulatory of the UNRA generally requires EPA to request for approval of its sludge Flexibility Act, as amended by the identify and consider a reasonable management program is voluntary and Small Business Regulatory Enforcement number of regulatory alternatives and imposes no Federal mandate within the Fairness Act. Pursuant to the provision adopt the least costly, most cost- meaning of the Act. Rather, by having 53922 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices its sludge management program FEDERAL COMMUNICATIONS City/ MM approved, the State will gain the COMMISSION Licensee State File No. Docket authority to implement the program No. within its jurisdiction, in lieu of EPA Licensee Order To Show Cause L.T. Marian- BR± 96±200 thereby eliminating duplicative State The Assistant Chief, Audio Services Simes na, 960201BE and Federal requirements. If a State and AR. chooses not to seek authorization for Division, Mass Media Bureau, has before him the following matter: Ray- administration of a sludge management mond Simes. program, regulation is left to EPA. MM In any event, EPA has determined that Licensee City/State Docket this document does not contain a No. (seeking renewal of the license for Federal mandate that may result in KZOT(AM)) Group Commu- West Valley 96±201 2. Pursuant to Section 309(e) of the expenditures $100 million or more for nications, Inc. City, UT. Communications Act of 1934, as State, local, and tribal governments in amended, the above application has the aggregate, or the private sector in (regarding the silent status of Station been designated for hearing in a any one year. EPA does not anticipate KRGQ(AM)) proceeding upon the following issues: that the approval of Utah’s sludge Pursuant to Section 312(a)(3) and (4) (a) To determine whether L.T. Simes management program referenced in of the Communications Act of 1934, as and Raymond Simes have the capability today’s notice will result in annual costs amended, Group Communications, Inc. and intent to expeditiously resume the of $100 million or more. EPA’s approval has been directed to show cause why broadcast operations of KZOT(AM), of state programs generally may reduce, the license for Station KRGQ(AM) consistent with the Commission’s Rules. not increase, compliance costs for the should not be revoked, at a proceeding (b) To determine whether L.T. Simes private sector since the State, by virtue in which the above matter has been and Raymond Simes have violated of the approval, may now administer the designated for hearing concerning the Sections 73.1740 and/or 73.1750 of the program in lieu of EPA and exercise following issues: Commission’s Rules. primary enforcement. Hence, owners (1) To determine whether Group (c) To determine, in light of the and operators of sludge management Communications, Inc. has the capability evidence adduced pursuant to the facilities or businesses generally no and intent to expeditiously resume the foregoing issues, whether grant of the longer face dual Federal and State broadcast operations of KRGQ(AM), subject renewal of license application compliance requirements, thereby consistent with the Commission’s Rules. would service the public interest, reducing overall compliance costs. convenience and necessity. Thus, today’s document is not subject to (2) To determine whether Group Communications, Inc. has violated A copy of the complete HDO in this the requirements of sections 202 and proceeding is available for inspection 205 of the UMRA. Sections 73.1740 and/or 73.1750 of the Commission’s Rules. and copying during normal business EPA has determined that this (3) To determine, in light of the hours in the dockets section of the FCC document contains no regulatory evidence adduced pursuant to the Reference Center (Room 239), 1919 M requirements that might significantly or foregoing issues, whether Group Street, N.W., Washington, D.C. The uniquely affect small governments. The Communications, Inc. is qualified to be complete text may also be purchased Agency recognizes that small and remain the licensee of Station from the Commission’s duplicating governments may own and/or operate KRGQ(AM). contractor, International Transcription sludge management facilities that will A copy of the complete Show Cause Service, 2100 M Street, N.W., Suite 140, become subject to the requirements of Order and HDO in this proceeding is Washington, D.C. 20037 (telephone an approved State sludge management available for inspection and copying 202–857–3800). program. However, such small during normal business hours in the Federal Communications Commission. governments which own and/or operate FCC Dockets Branch (Room 239), 1919 Stuart B. Bedell, sludge management facilities or M Street, N.W., Washington, D.C. The Assistant Chief, Audio Services Division, businesses are already subject to the complete text may also be purchased Mass Media Bureau. requirements in 40 CFR parts 123 and from the Commission’s duplicating [FR Doc. 96–26432 Filed 10–15–96; 8:45 am] 503 and are not subject to any contractor, International Transcription BILLING CODE 6712±01±P additional significant or unique Service, 2100 M Street, N.W., Suite 140, requirements by virtue of this program Washington, D.C. 20037 (telephone approval. Once EPA authorizes a State 202–857–3800). [Report No. 2159] to administer its own sludge management program and any revisions Federal Communications Commission Petitions for Reconsideration and to that program, these same small Stuart B. Bedell. Clarification of Action in Rulemaking governments will be able to own and Assistant Chief, Audio Services Division, Proceedings operate their sludge management Mass Media Bureau. October 10, 1996. facilities or businesses under the [FR Doc. 96–26433 Filed 10–15–96; 8:45 am] Petitions for reconsideration and approved State program, in lieu of the BILLING CODE 6712±01±P clarification have been filed in the Federal program. Commission’s rulemaking proceedings Dated: August 28, 1996. Renewal Application Designated for listed in this Public Notice and Jack W. McGraw, Hearing published pursuant to 47 CFR Section Acting Regional Administrator, 1.429(e). The full text of these document Environmental Protection Agency, Region 1. The Assistant Chief, Audio Services are available for viewing and copying in VIII. Division, has before him the following Room 239, 1919 M Street, N.W., [FR Doc. 96–26328 Filed 10–15–96; 8:45 am] application for renewal of broadcast Washington, D.C. or may be purchased BILLING CODE 6560±50±P license from the Commission’s copy contractor, Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53923

ITS, Inc. (202) 857–3800. Oppositions to International Shipping Link, Inc., 1250 the power to vote shares of a bank or these petitions must be filed by October South Harbor City Blvd., Suite 30, bank holding company and all of the 31, 1996. See Section 1.4(b)(1) of the Melbourne, FL 32901, Officer: Tariq banks and nonbanking companies Commission’s rules (47 CFR 1.4(b)(1)). Shahzad, President. owned by the bank holding company, Replies to an opposition must be filed Dated: October 9, 1996. including the companies listed below. The applications listed below, as well within 10 days after the time for filing Joseph C. Polking, oppositions has expired. as other related filings required by the Secretary. Subject: Amendment of Section Board, are available for immediate 73.202(b), Table of Allotments, FM [FR Doc. 96–26392 Filed 10–15–96; 8:45 am] inspection at the Federal Reserve Bank Broadcast Stations. (Chillicothe, Forest, BILLING CODE 6730±01±M indicated. Once the application has Lima, New Washington, Peebles and been accepted for processing, it will also Reynoldsburg, Ohio) (MM Docket No. be available for inspection at the offices 90–318, RM–7311, RM–7516). FEDERAL RESERVE SYSTEM of the Board of Governors. Interested Number of Petitions Filed: 1. persons may express their views in Subject: Amendments of Parts 2 and Change in Bank Control Notices; writing on the standards enumerated in 15 of the Commission’s Rules to Acquisitions of Shares of Banks or the BHC Act (12 U.S.C. 1842(c)). If the Deregulate the Equipment Authorization Bank Holding Companies proposal also involves the acquisition of Requirements for Digital Devices. (ET The notificants listed below have a nonbanking company, the review also Docket No. 95–19). applied under the Change in Bank includes whether the acquisition of the Number of Petitions Filed: 3. Control Act (12 U.S.C. 1817(j)) and § nonbanking company complies with the • standards in section 4 of the BHC Act, This Public Notice includes the 225.41 of the Board’s Regulation Y (12 including whether the acquisition of the petition filed by Ghery S. Pettit and CFR 225.41) to acquire a bank or bank nonbanking company can ‘‘reasonably Doug Probstfeld for Intel Corporation on holding company. The factors that are be expected to produce benefits to the 07/19/96. A previous Public Notice, considered in acting on the notices are public, such as greater convenience, Report No. 2146, was released on set forth in paragraph 7 of the Act (12 increased competition, or gains in August 7, 1996 and published in the U.S.C. 1817(j)(7)). efficiency, that outweigh possible Federal Register on August 13, 1996, The notices are available for adverse effects, such as undue listed only two petitions. We are immediate inspection at the Federal concentration of resources, decreased or therefore placing all three petitions on Reserve Bank indicated. Once the unfair competition, conflicts of public notice at this time. notices have been accepted for Subject: Implementation of the Local interests, or unsound banking practices’’ processing, they will also be available (12 U.S.C. 1843). Any request for Competition Provisions in the for inspection at the offices of the Board Telecommunications Act of 1996. (CC a hearing must be accompanied by a of Governors. Interested persons may statement of the reasons a written Docket No. 96–98). express their views in writing to the Interconnection between Local presentation would not suffice in lieu of Reserve Bank indicated for that notice a hearing, identifying specifically any Exchange Carriers and Commercial or to the offices of the Board of Mobile Radio Service Providers. (CC questions of fact that are in dispute, Governors. Comments must be received summarizing the evidence that would Docket 95–185) not later than October 29, 1996. Number of Petitions Filed: 45. be presented at a hearing, and indicating A. Federal Reserve Bank of how the party commenting would be Federal Communications Commission. Minneapolis (Karen L. Grandstrand, aggrieved by approval of the proposal. William F. Caton, Vice President) 250 Marquette Avenue, Unless otherwise noted, nonbanking Acting Secretary. Minneapolis, Minnesota 55480: activities will be conducted throughout [FR Doc. 96–26575 Filed 10–15–96; 8:45 am] 1. Brian G. West, Rice Lake, the United States. Wisconsin; to retain a total of 21.4 BILLING CODE 6712±01±M Unless otherwise noted, comments percent of the voting shares of Rice Lake regarding each of these applications Bancorp, Inc., Rice Lake, Wisconsin, must be received at the Reserve Bank FEDERAL MARITIME COMMISSION and thereby indirectly retain Dairy State indicated or the offices of the Board of Bank, Rice Lake, Wisconsin. Governors not later than November 8, Ocean Freight Forwarder License Board of Governors of the Federal Reserve 1996. Applicants System, October 9, 1996. A. Federal Reserve Bank of Cleveland Jennifer J. Johnson, (R. Chris Moore, Senior Vice President) Notice is hereby given that the 1455 East Sixth Street, Cleveland, Ohio following applicants have filed with the Deputy Secretary of the Board. [FR Doc. 96–26418 Filed 10-15-96; 8:45 am] 44101: Federal Maritime Commission 1. First Financial Bancorp, Hamilton, BILLING CODE 6210-01-F applications for licenses as ocean freight Ohio; to merge with Hastings Financial forwarders pursuant to section 19 of the Corporation, Hastings, Michigan, and Shipping Act of 1984 (46 U.S.C. app. Formations of, Acquisitions by, and thereby indirectly acquire National 1718 and 46 CFR part 510). Mergers of Bank Holding Companies Bank of Hastings, Hastings, Michigan. Persons knowing of any reason why B. Federal Reserve Bank of Chicago any of the following applicants should The companies listed in this notice (James A. Bluemle, Vice President) 230 not receive a license are requested to have applied to the Board for approval, South LaSalle Street, Chicago, Illinois contact the Office of Freight Forwarders, pursuant to the Bank Holding Company 60690: Federal Maritime Commission, Act of 1956 (12 U.S.C. 1841 et seq.) 1. Old Kent Financial Corporation, Washington, D.C. 20573. (BHC Act), Regulation Y (12 CFR Part Grand Rapids, Michigan; to merge with G.S.I. Cargo Systems Inc., 600 Bayview 225), and all other applicable statutes Seaway Financial Corporation, St. Clair, Avenue, Inwood, NY 11096. Officers: and regulations to become a bank Michigan, and thereby indirectly Gerald Greenstein, President, holding company and/or to acquire the acquire The Commercial and Savings Yitzchak Goldstein, Vice President. assets or the ownership of, control of, or Bank of St. Clair County, St. Clair, 53924 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

Michigan, and The Algonac Savings GENERAL SERVICES of excellence. At the same time, GSA Bank, Algonac, Michigan. ADMINISTRATION has listened carefully to recommendations from many client C. Federal Reserve Bank of [GSA Bulletin FPMR D±239] Minneapolis (Karen L. Grandstrand, agencies and the Vice President’s National Performance Review to open Vice President) 250 Marquette Avenue, Delegation of Lease Acquisition Minneapolis, Minnesota 55480: itself to competition. Authority d. Under ‘‘Can’t Beat GSA Leasing,’’ 1. Glacier Bancorp, Inc., Kalispell, GSA has developed new strategies and Montana; to merge with Missoula AGENCY: Office of Governmentwide Policy, GSA. retooled its entire leasing operation. Bancshares, Inc., Missoula, Montana, GSA has refocused its energies on the ACTION: Notice of bulletin. and thereby indirectly acquire First needs of its customers. To cite just a few Security Bank of Missoula, Missoula, SUMMARY: examples: Montana. The attached bulletin announces the beginning of a new 1. The Rent pricing structure is now 2. United Community Bancshares, approach to doing business in the clearer and more responsive to our Inc., Eagan, Minnesota; to acquire 100 General Services Administration (GSA) customers. percent of the voting shares of Park leasing program called ‘‘Can’t Beat GSA 2. The Rent GSA will charge Federal Financial Corporation, St. Louis Park, Leasing.’’ agencies for leased space will be based Minnesota, and thereby indirectly on GSA’s rent plus a service fee EFFECTIVE DATE: October 14, 1996. acquire Park National Bank, St. Louis comparable to that charged by private Park, Minnesota. FOR FURTHER INFORMATION CONTACT: Ms. sector agents. Marjorie L. Lomax, Director, Evaluation 3. GSA can now provide customized Board of Governors of the Federal Reserve and Outreach, Office of Real Property, System, October 9, 1996. tenant allowances and flexibility in Washington, DC 20405, telephone 202– Jennifer J. Johnson payment alternatives for above standard 501–3476. items. Deputy Secretary of the Board SUPPLEMENTARY INFORMATION: e. The most important change at GSA [FR Doc. 96–26417 Filed 10-15-96; 8:45 am] is the ‘‘can do’’ attitude of GSA’s BILLING CODE 6210-01-F Public Buildings and Space experienced, warranted real estate Subject: Delegation of Lease Acquisition contracting officers. These highly motivated employees have been Sunshine Meeting Notice Authority empowered to respond to the needs of 1. Purpose. This bulletin announces Federal agencies with sound business AGENCY HOLDING THE MEETING: Board of the beginning of a new approach to Governors of the Federal Reserve practices that make sense. doing business in the General Services f. GSA’s leasing specialists will System. Administration (GSA) leasing program continue to follow all applicable TIME AND DATE: 9:30 a.m., Monday, called ‘‘Can’t Beat GSA Leasing.’’ This statutory and regulatory requirements. October 21, 1996. program represents a change in policy at These are the same requirements that GSA regarding the leasing of general PLACE: Marriner S. Eccles Federal Federal agencies will be expected to purpose space and provides Federal Reserve Board Building, C Street follow if they choose to lease space on agencies the option of using GSA or entrance between 20th and 21st Streets, their own or use other brokerage performing the space acquisition N.W., Washington, D.C. 20551. services. function themselves through a 4. Action. a. Pursuant to the authority STATUS: Closed. delegation of leasing authority. The vested in the Administrator of General MATTERS TO BE CONSIDERED: Administrator of General Services Services by subsections 205(d) and issued a letter on September 25, 1996, 210(h)(1) of the Federal Property and 1. Proposed 1997 Federal Reserve Bank to the heads of all Federal agencies Administrative Services Act of 1949, 63 officer salary structure adjustments. providing the delegation of leasing 2. Proposed 1997 Federal Reserve Board Stat. 377, as amended, authority was employee salary structure adjustments and authority. delegated by the Administrator in his merit program. 2. Expiration. This bulletin contains letter of September 25, 1996, to the 3. Personnel actions (appointments, information of a continuing nature and heads of all Federal agencies to perform promotions, assignments, reassignments, and will remain in effect until canceled. all functions related to the leasing of salary actions) involving individual Federal 3. Background. a. The ‘‘Can’t Beat general purpose space for a term of up Reserve System employees. GSA Leasing’’ program is an outgrowth to 20 years regardless of geographic 4. Any items carried forward from a of GSA’s commitment to streamline its location. This delegation of authority previously announced meeting. leasing operations. Under this new does not alter the space delegations in CONTACT PERSON FOR MORE INFORMATION: program, GSA is providing each Federal sections 101–18.104–2 and –3 of the Mr. Joseph R. Coyne, Assistant to the agency a simple choice. Either engage Federal Property Management Board; (202) 452-3204. You may call GSA to provide the most cost-effective Regulations, which pertain to (202) 452-3207, beginning at and fastest service in the real estate ‘‘categorical’’ and ‘‘special purpose’’ approximately 5 p.m. two business days market today or use the delegated space. before this meeting, for a recorded leasing authority to perform the space b. The ‘‘Can’t Beat GSA Leasing’’ announcement of bank and bank acquisition on their own. program will be effective October 14, holding company applications b. GSA has taken this action to 1996, and agencies will be able to use scheduled for the meeting. respond to the needs of a changing the delegated leasing authority subject world in which Government must work to the following conditions: Dated: October 11, 1996. faster, smarter, cheaper and better. GSA 1. Prior to instituting any action under Jennifer J. Johnson, is committed to provide space so that this delegation, the head of a Federal Deputy Secretary of the Board. Federal agencies can meet those needs. agency or its designee shall notify the [FR Doc. 96–26698 Filed 10–11–96; 3:15 pm] c. GSA is committed to meet these appropriate GSA, Assistant Regional BILLING CODE 6210±01±P challenges to work up to new standards Administrator for Public Buildings Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53925

Service (ARA/PBS) of the agency’s need principles to the head of all Federal used as a frame of reference in making for general purpose space and the landholding agencies. sound real property asset management agency’s intent to exercise the authority FOR FURTHER INFORMATION CONTACT: decisions, to help reduce costs granted in this delegation. The agency Stanley C. Langfeld, Director, Real associated with managing real property may exercise the authority contained in Property Policy Division, MPR, assets, to provide incentives to improve this delegation when the ARA/PBS Washington, DC 20405, telephone 202– real property asset management, and to determines that suitable Government- 501–1737. increase the efficiency and maximize controlled space is not available to meet the performance of the portfolio of the space need of the Federal agency. SUPPLEMENTARY INFORMATION: Federal real property assets that they 2. Relocation of Government Public Buildings and Space manage. employees from GSA-controlled The principles should be applied by federally owned or leased space may To: Heads of Federal Agencies all Federal real property asset managers take place when prior written Subject: Federal Real Property Asset throughout the life cycle of a real confirmation has been received from the Management Principles property asset. They should be used as a ‘‘baseline’’ whereby all Federal appropriate ARA/PBS that suitable 1. Purpose. This bulletin announces landholding agencies are working in the Government-controlled space cannot be the issuance of the Federal real property provided for them. same, or similar manner. They should asset management principles to the also encourage better communication 3. A prospectus has been approved by heads of all Federal landholding the Congressional Committees pursuant among such agencies to enhance the agencies. overall asset management functions of to the Public Buildings Act of 1959 2. Expiration date. This bulletin when the annual rental for the lease the Federal Government’s real property contains information of a continuing activities. contract, excluding service and utilities, nature and will remain in effect until exceeds $1.74 million, as adjusted canceled. Dated: October 2, 1996. annually in accordance with 40 U.S.C. 3. Background. a. In 1993, the G. Martin Wagner, 606(f). In this circumstance GSA will National Performance Review (NPR) Associate Administrator for Governmentwide prepare the prospectus in consultation recommended that the Administrator of Policy. with the agency. General Services develop asset Attachments 4. Redelegation of the authority to management principles to guide the lease may be made to those officers, Federal Government’s real property Attachment 1.—Governmentwide officials, and employees who have been ownership enterprise. Federal Real Property Asset adequately trained as lease contracting b. In response to the recommendation Management Principles officers. of the NPR, in 1994, the Federal Asset Introduction 5. Federal agencies must acquire and Management Planning Group met to Asset management is the general term utilize the space in accordance with all developed a set of goals and principles used to define the relationship between applicable laws and regulations, for management of the Federal real a real property holding entity and the including, but not limited to, the property portfolio. This group consisted real property that such an entity holds Competition in Contracting Act, Federal of representatives from the General an interest in. This relationship Property Management Regulations, Services Administration (GSA), other includes, but is not limited to, the Executive Order 12072, Executive Order Government agencies and interested financial management of such assets, 13006, Davis Bacon Act, and the parties from the private sector, and the day-to-day management of the real General Services Administration issued an initial set of real property Acquisition Regulation. property itself, and maintaining the asset management principles. satisfaction of the tenants that occupy 6. Agencies periodically provide GSA c. In accordance with the NPR, the the space that defines the real property with leasing performance information. work of the Federal Asset Management c. Further information regarding this asset. This relationship covers the life Planning Group, as well as in cycle of a real property asset—its program may be obtained by contacting collaboration with the Federal Ms. Marjorie L. Lomax, Director, acquisition, utilization and disposal. Government’s real property holding Asset management succeeds when such Evaluation and Outreach, Office of Real agencies, the Office of Real Property has Property on (202) 501–0379. organizations adopt effective asset continued to develop a set of management principles and use Dated: October 3, 1996. comprehensive real property asset strategic planning as the framework for G. Martin Wagner, management principles. making real property asset management Associate Administrator for Governmentwide d. The work of revising the initial set decisions. The Governmentwide Federal Policy. of asset management principles has real property asset management [FR Doc. 96–26050 Filed 10–15–96; 8:45 am] been completed. The results of this principles are attached. BILLING CODE 6820±23±M effort are the real property asset management principles attached to this Governmentwide Federal Real Property bulletin. They are in two formats: the Asset Management Principles [GSA Bulletin FPMR D±240] first is a shorter, more concise version 1. Use What You Have First. Real (Attachment 1); the second is an Federal Real Property Asset property assets under the custody and expanded version which provides a Management Principles control of the Federal Government general discussion of the concept of the should be considered first when AGENCY: Office of Governmentwide principles, as well as providing accommodating Federal agency mission Policy, GSA. definitions and examples of each requirements. ACTION: Notice of bulletin. (Attachment 2). 2. Buy Only What You Need. The 4. Action. Federal agencies should use amount of interest in Federal real SUMMARY: The attached bulletin these principles as guides to assist them property assets should be the minimum announces the issuance of the Federal in managing their portfolio of real necessary to effectively support a real property asset management property assets. They should also be Federal agency’s mission. 53926 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

3. Use Industry-Like Instruments of involved in the management of them, Government to satisfy agency space Agreement. Real property assets of the include corporations that own or lease needs. Federal Government should be utilized commercial properties, pension funds Example among agencies with the use of that own real property on behalf of fund instruments of agreement that follow the members for purposes of enhancing Agencies often have new best practices of the industry. fund wealth, and the United States requirements for space based on a 4. Reinvestment is Essential. Government which owns and leases real variety of needs, such as expanded Reinvestment in a real property asset is property in order to perform services on agency program missions or the essential to maintain its fair market behalf of the citizens of the United consolidation of staff from other value, its ability to benefit from States. Asset management succeeds locations. Whenever this occurs, advancements in business practices and when such organizations adopt effective agencies should first review their technologies, and to support the Federal asset management principles and use current inventory of real property assets mission and enhance employee strategic planning as the framework for to determine if they have space on hand productivity. making real property asset management that can meet the need. Such an exercise 5. Income/Expenses Comparable to decisions. is practical for a variety of reasons—the the Market. Any income realized by a The following asset management time needed to find new space is cut real property asset during its useful life principles are intended to help all dramatically, current space will usually should approximate that generated by a agencies Governmentwide with real be less expensive than newly acquired comparable commercial property; while property asset management space, currently held space can often be any expense by such an asset during its responsibility. They should be used as found near the location of the new life cycle should approximate that guides to assist real property asset requirement which can cut overhead incurred by a comparable commercial managers in making sound asset and, most important, it is best to use property. management decisions, to help reduce space that is on hand rather than 6. Maximize Use Among Agencies. costs associates with managing real acquire new space while leaving empty The maximum utility of a real property property assets, to provide incentives to or underutilized space as is. asset can be realized if it is continuously improve real property asset To assist Federal agencies in transferred among agencies having management, and to increase the satisfying these space requirements, mission needs while it is under the efficiency and maximize the GSA has established and implemented a control of the Federal Government. performance of the portfolio of Federal Real Property Information 7. Timely Disposal. A Federal real real property assets that they manage. Clearinghouse. The clearinghouse is an property asset that has no further These asset management principles electronically connected network of mission support use by the Federal should be applied to all phases of the building and facility information and Government should be disposed of life cycle of a real property asset in data, organizational structures, policies timely and in a manner that best serves order to provide a ‘‘baseline’’ whereby and procedures that is shared by and the public interest. all Federal landholding agencies are benefits real property professionals. The 8. Retain Proceeds From Disposal and working in the same, or similar manner, clearinghouse routes users to this Outleasing. The proceeds gained from and to encourage better communication information and data, which is made the disposal of a Federal real property among such agencies to enhance the available by Federal Government asset, or from outleasing, should be overall asset management functions of agencies and commercial realty firms. available for use by the agency having Federal Government’s real property The clearinghouse allows users to custody, control and use of the asset. activities. perform queries, print information and 9. Professional Training. Federal download files. employees should be given the training Principle #1.—Use What You Have First # needed to perform their jobs at the Real property assets under the Principle 2.—Buy Only What You highest level of professionalism, and in custody and control of the Federal Need order to utilize models and other Government should be considered first The amount of interest in Federal real analytical tools for optimizing their real when accommodating Federal agency property assets should be the minimum property asset management decisions. mission requirements. necessary to effectively support a Attachment 2.—Governmentwide Definition Federal agency’s mission. Federal Real Property Asset Definition Management Principles Federal agency program missions generally require real property assets to The interest that is acquired in Introduction support them. This can be reflected in Federal real property assets should be Asset management is the general term the need for office, warehouse, no more than the minimum needed to used to define the relationship between laboratory or other improved or accommodate a Federal agency’s a real property holding entity and the unimproved real property. To meet program mission requirements today real property that such an entity holds these mission needs Federal agencies and in the foreseeable future. To go an interest in. This relationship should first review their current real beyond these minimum requirements includes, but is not limited to, the property inventories to determine would be inappropriate, as taxpayer financial management of such assets, whether they have the space on hand to dollars will have been spent without the the day-to-day management of the real satisfy new mission requirements. If appropriate justification, and the property itself, and maintaining the there is insufficient space to satisfy a mission requirement may have satisfaction of the tenants that occupy new program need, agencies should terminated while the useful life of the the space that defines the real property then look to the inventory of other interest invested in the real property asset. This relationship covers the life Federal agencies to determine if they may have years remaining, resulting in cycle of a real property asset—its have either unneeded or underutilized the loss of millions of dollars. acquisition, utilization and disposal. space. In this way the entire inventory Interest in Federal real property can Examples of entities that hold real of Federally-controlled space can be have various meanings such as the type property assets, and are therefore screened first before looking outside the of ownership interest (leased or owned), Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53927 the term of the interest if leased, the sharing information on space that others Example interest in terms of the capital may use, and being willing to release If it is determined that the continued improvements to the real property, or space when it is no longer needed, use of a real property asset is needed, the amount of space, to name a few. The rather than holding onto it for a need the task of the asset manager begins interest in the asset equates to the that is likely never to materialize. To with assessing the physical status of the amount of time the space is leased, the assist in this effort, agencies need to use real property, whether owned or leased. amount of money expended to build or instruments of agreement that follow the Engineering reports determine what the modernize the property, or the amount best practices of industry. condition of a property is and what of space that the Government has improvements, either capital or acquired—the more of any of these, the Example otherwise, must be made to bring the more interest the Government has in the A common example of an instrument property up to industry standards. real property asset. of agreement that is used between real Technological innovations may have Example estate entities is an occupancy been developed that could bring agreement, which is an agreement Federal agencies require real property employee productivity and morale to a defining the relationship between a higher level as well. to accomplish their program missions. landlord and tenant. An occupancy Since agency programs are the driving An engineering report can be used to agreement will define the terms and assess the physical status of either a force behind the need for real property conditions set forth between the parties, assets, it follows that the mission need Federally-owned building or one that is and will describe their duties and leased. In the case of Federal ownership, will also drive the amount of interest responsibilities. Such agreements are that the Government invests in the asset a capital improvement will usually be useful because they are written managed by the GSA Property as well. documents that reflect the If an agency has a requirement to Development Division, or a similar understanding of each of the parties, activity in support of an agency with conduct a study that will last a limited and hold them together for a joint period of time, such as a few years, the real property controlling authority, such purpose and for a specific period to as the U.S. Army Corps of Engineers. In space requirement will likely be for time. leased space, as the purchase and/or leased space, the lessor is responsible construction of a new facility would go Since an occupancy agreement may for these improvements as a condition far beyond the mission requirement of not be a legally binding contract, both of the lease. the agency. However, if an agency’s parties to the agreement are exposed to Besides assessing the physical status headquarters occupies a Federal risk. However, there must be a of the property, the real property asset building that has outlived its useful responsibility on all parties to adhere to manager must also determine when economic life, and the need for a the terms of the agreement, thus reinvestment should occur. Determining consolidated headquarters still exists, achieving more businesslike practices the cost of funds is harder when the then the construction of a new building and higher levels of performance among asset is Federal real property, as these may be called for. The difference agencies. costs are more difficult to define than in between these two cases in an example Principle #4.—Reinvestment is private industry where the manager goes of the different space needs that exist for Essential to his/her lender and gets the best rate agencies today based on program he/she can obtain. The cost of funds, as missions, and the range between the Reinvestment in a real property asset well as the timing of their disbursement, degrees of interest in the real property is essential to maintain its fair market must be calculated by the asset manager that must satisfy them. Real property value, its ability to benefit from in order to obtain the lowest cost for asset managers should be cognizant of advancements in business practices and capital improvements. these requirements, the importance of technologies, and to support the Federal mission and enhance employee Principle #5.—Income/Expense not exceeding them, and the need to Comparable to the Market match mission needs with the most productivity. appropriate real property interest so that Definition Any income realized by a real taxpayer dollars are spent in the most property asset during its useful life economical and cost-effective manner. Regardless of whether the real should approximate that generated by a property asset is owned or leased by the comparable commercial property; while Principle #3.—Use Industry-Like Government, if it is determined that the any expense by such an asset during its Instruments of Agreement asset’s continued use is needed, life cycle should approximate that Real property assets of the Federal reinvestment in it may be necessary. If incurred by a comparable commercial Government should be utilized among the asset is owned by the Government, property. reinvestment may be required to agencies with the use of instruments of Definition agreement that follow the best practices maintain the asset’s fair market value, of the industry. not to mention maintaining its All income and expenses associated condition to benefit from advances in with a Federal real property asset Definition business practices and technologies, and should be approximate to current fair In order to best utilize the Federal to enhance employee morale and market value. The income generated by Govenment’s real property assets, the productivity. Reinvestment in a leased such an asset should approximate the agencies that use them must work asset is the responsibility of the income that a similar commercial real together toward a common purpose to property owner. It is needed in order for property asset would generate. ensure that the assets are utilized to the the property to be acceptable to the Likewise, the expenses of leasing space maximum limit of their useful economic Government’s requirements of realizing or of maintaining a Federal real property life while still satisfying the mission the benefits from advances in business asset should approximate the expenses requirement of the occupying agency. In practices and technologies, and to of a comparable commercial property. order to do this, agencies must work enhance employee morale and Income associated with real property together by comparing space needs, productivity as well. assets includes the income that an asset 53928 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices derives in the form of Rent paid to the or what the original tenant was, real timely, efficiently, and in a manner that Government by an occupying agency or property by its nature is something that best serves the public interest. The an outlease tenant, as well as income can be used by any tenant if it can disposal of Federal real property is a generated by the disposal of the real satisfy its space and mission needs. very involved and complex task. If property asset. Expenses associated with The policy of the Federal Government properly done, the disposal can result in real property include the rent for the is to use real property to its maximum a smooth transition of ownership and space if leased by the Government, as benefit. This includes making every can often produce a return to the well as the cost of materials, goods and effort to find agencies that can use the Government that is in the best interest services associated with an asset’s property if it is planned to be declared of the taxpayer, whether donated at no utilization. excess. Optimally, a real property asset cost or sold at the highest price the should be promptly transferred from Example market will bear. one agency to another as one agency’s Income derived from real property need expires and another’s begins. This Example assets is realized through the rent transfer of real property among agencies A real property asset that has no stream that the occupants pay to the is a critical measure toward achieving mission support potential for use by any owner, or through the disposal of the this goal, and its success is based on agency of the Government should not be asset through sale or other means. adequate communication among all held for any appreciable period of time. Rental income generated by Federal real Federal agencies, to include GSA as Assuming there is no future mission property assets applies when rent is well as all agencies with their own real related need, the asset should be paid by a tenant to GSA or the agency property authority. disposed of as quickly and as that is the Federal custodian of the real expeditiously as possible, and in a property asset, and should approximate Example manner that best serves the public the rent paid by tenants in the The GSA is a large holder of Federal interest. commercial market. When a Federally- Government real property. Whenever Real property disposal is explained in owned real property asset is disposed GSA has property that has been detail in many different public laws, of, the income generated should declared excess by one of its customer Executive Orders, Congressional approximate that associated with the agencies, it screens it and makes every mandates and agency policies. disposal of a similar commercial real attempt to backfill the space with Regardless of the authority that the real property asset. another agency before finding it surplus property disposal falls under, however, When the Government leases space in to the needs of the Government. the asset should be disposed of in the the market it incurs rental expenses that Depending on the needs of GSA’s most efficient way possible. Under should approximate the rent for similar customer agencies, if a property is certain cases Federally-owned real commercial space. For example, when suitable it will be utilized as quickly as property can be conveyed to state and GSA leases space to house a Federal possible. local governmental units and non-profit tenant, the rent it pays should be at a Federal property that is under the institutions free of cost, and for a variety commercial market rates. Similarly, custody and control of other agencies of public uses such as education, health, when GSA houses either a Federal or an should be dealt with in the same park and recreation, and historic outlease tenant, the rental expense to manner. The only way that this can monuments. An example of an GSA that the tenant incurs should occur, however, is to have educational usage would be the approximate what it would pay to a communication that will link agencies conveyance of a former Federal property private landlord in the commercial to one another, as well as establishing to a local municipality for the market. The expenses associated with an atmosphere of collaborating among establishment of a high school facility. the utilization of real property should the family of Governmentwide agencies Although no moneys are generated by also be approximate to the commercial that have their own real property such a public benefit transfer, the public market. The Government should pay authority. At the present time, GSA’s interest is served by the means of such commercial rates for services and Office of Real Property is establishing a a conveyance. supplies required for the day-to-day real property information clearinghouse If a property is not being donated operation and maintenance of real which will include excess property for through public benefit conveyance, a property assets. use by all Federal agencies. It is hoped public sale can be conducted and the that this database will assist agencies in property sold to the highest bidder or Principle #6.—Maximize Use Among achieving the maximum utilization of offeror. As a last resort, if the property Agencies their real property assets, especially in is unable to be sold or donated due to The maximum utility of a real these times of diminished resources. age, disrepair or extensive damage, it property asset can be realized if it is should be demolished and the land used Principle #7.—Timely Disposal continuously transferred among for another Federal purpose, or disposed agencies having mission needs while it A Federal real property asset that has of in its own right, while serving the is under the control of the Federal no further mission support use by the best public interest as well. Government. Federal Government should be disposed # of timely and in a manner that best Principle 8.—Retain Proceeds From Definition serves the public interest. Disposal and Outleasing Real property assets include buildings The proceeds gained from the Definition that can often be used by any number disposal of a Federal real property asset, of different Federal agencies. This holds Assuming that a property under the or from outleasing, should be available true for Federal buildings that were control of the Federal Government has for use by the agency having custody, originally constructed to house the no agency that can use it for any control and use of the asset. headquarters of an agency, and for mission support related purpose, and leased space that has been acquired for the attempts to find another agency to Definition long term use. Regardless of the type of utilize it have not yielded a user, the Proceeds that are generated by the space, the location, the amount of space real property should be disposed of disposal of a Federal real property asset, Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53929 or from outleasing of space, should be time. Federal agencies will be more hands-on experience, the Government’s available for use by the agency having willing to dispose of real property real property asset managers can and custody, control and use of it. Financial assets, or outlease them, if they know should be on a level with any asset incentives should be put in place in that the proceeds will be retained, rather manager in private industry. This is order to encourage real property than placed in a fund that is beyond even more important in these times of disposal and the outleasing of unused their control. This is critical in today’s increasing responsibilities of asset space. In the case of agencies covered changing environment and in times of managers, as well as with the personnel under the Federal Property and increasingly short supply of resources. and resource reductions that are taking Administrative Services Act of 1949, as place in Government. Principle #9.—Professional Training amended (the ‘‘1949 Act’’), there is no [FR Doc. 96–26051 Filed 10–15–96; 8:45 am] incentive to dispose or outlease real Federal employees should be given property when the proceeds go into the training needed to perform their jobs BILLING CODE 6820±23±M another fund out of the agencies’ at the highest level of professionalism, control. Likewise, in the case of some and in order to utilize models and other landholding agencies that have their analytical tools for optimizing their real HARRY S. TRUMAN SCHOLARSHIP own disposal or outleasing authority, property asset management decisions. FOUNDATION there could be increased incentives put Definition Agency Information Collection; into place as well. (There are individual Submission for OMB Review agency exceptions to where proceeds The tasks associated with real are deposited). property asset management are many ACTION: Notice. and varied. Not only does asset Example management include the day-to-day SUMMARY: In compliance with the Before real property under the management of the physical property Paperwork Reduction Act (44 U.S.C. custody, control and use of agencies representing the asset, it also involves 3501) this notice announces that the covered under the 1949 Act can be the management of the cash flow Information Collection Request (ICR) disposed of, it must first be declared generated by the asset, the long term abstracted below has been forwarded to excess by GSA. If an agency has a strategic planning for capital the Office of Management and Budget property that is no longer needed, it is improvements that the asset may (OMB) for review and comment. The declared excess and screened by GSA in require, and the arranging for continued ICR describes the nature of the order to find an agency that has a need use and occupancy of the asset. In the information collection and its expected for it. The property is then transferred case of Federally-controlled real cost and burden; it includes the actual to that agency and, if monetary proceeds property assets, this includes finding data collection instruments. are generated, they are deposited into the appropriate Government agency for DATES: Comments must be submitted on the General Fund of the Treasury. Only buildings and space that are or before November 15, 1996. after it is found that the property has no underutilized or in the vacant space ADDRESSES: Send comments regarding Federal use is it declared surplus to the inventory. the burden estimate, or any other aspect needs of the Government and then Training is a means to achieve of the information collection to the disposed of by GSA. Pursuant to the expertise, and so is job rotation and on- following addresses: Office of Federal Property Management the-job learning. Federal personnel Information and Regulatory Affairs, Regulations, if monetary proceeds are involved in real property asset OMB Attn: Desk Officer for Education, generated from the disposal of surplus management should be highly trained in 725 17th Street, NW; Washington, DC property, they are deposited into the a variety of areas. These areas of 20006 or Mrs. Tonji Wade Barrow, Land and Water Conservation Fund of expertise are taught in recognized Harry S. Truman Scholarship the Treasury. industry courses that specialize in all Foundation, 712 Jackson Place, NW, In the case of real property not under aspects of real property asset Washington, DC 20006. Electronic the custody, control and use of agencies management, such as the courses comments can be sent directly to covered under the 1949 Act, the offered by the Building Owners and [email protected]. Copies of the proceeds from disposal do not Managers Association and other NIF may be obtained by writing to the necessarily go into the Land and Water appropriate organizations. Foundation or from the World Wide Conservation Fund or into the Treasury With the proper training and Web [http://www.act.org/truman]. All General Fund. In some cases these guidance, the agencies of the Federal written comments will be available for agencies have the statutory authority to Government will have employees who public inspection at the Foundation at retain some, if not or all, of the net are current and competent experts in the the address given above from 8:00 a.m. proceeds from the disposal of their real real property asset management field, to 5:00 p.m., Monday through Thursday, property assets. who can discuss real property asset excluding legal holidays. In most cases where agencies have the management related issues with anyone, FOR FURTHER INFORMATION CONTACT: authority to outlease real property under and who can deal with the long range Mrs. Tonji Barrow, Senior Program their custody, control and use, they are planning and evaluation of assets for the Assistant, telephone 202–395–7430. not authorized to retain the proceeds. maximum use and benefit to the public. There is an overwhelming need to I. Information Collection Request Example increase the incentives to dispose of real The foundation is seeking comments property above what is currently in Employees of any Federal on the following request. place, even at the potential cost of Government agency directly involved Title: Nominee Information Form, impacting the Land and Water with real property asset management OMB No. 3200–0004. Approved for use Conservation Fund. Likewise, there can can take a variety of courses that are through 11/30/96. be uses for real property outside of the available to professionals in the Affected entities: Parties affected by Government whereby a controlling industry. These courses specialize in all this information collection are college agency could outlease space to a private of the different areas of real property juniors who wish to compete for sector tenant for a limited period of asset management. Combined with Truman Scholarships. 53930 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

Abstract: PL 93–642 authorizes the including one from the Truman Reduction Act of 1995, the National Foundation to provide for the conduct Scholarship Faculty Representative at Institute of Child Health and Human of a national competition for the his/her institution: Development, (NICHD), the National purpose of selecting Truman scholars. Burden Statement: The current total Institutes of Health (NIH) has submitted The purpose of this information annual respondent burden is estimated to the Office of Management and Budget collection through the NIF is to enable at 20,000 hours based on 800 applicants (OMB) a request to review and approve a committee to review the credentials of spending 25 hours each on the the information on collection listed applicants and to determine which application and the public policy below. This proposed information analysis. appear to meet the selection criteria and collection was previously in the Federal should be designated as Finalists and II. Frequency of Collection Register on September 21, 1995, page invited to an interview. For persons Annual. 49000 and allowed 60 days for public invited to the interview, the information comment. No public comments were collection through the NIF helps the III. Public Docket received. The purposes of this notice is Truman Scholars Selection Panel make A public version of this record, to allow an additional 30 days for public its decisions after interviewing the including printed, paper versions of Finalists. Data collected include: comment. The National Institutes of electronic comments is available for Health may not conduct or sponsor, and schools attended; campus, community inspection from 8:00 a.m. to 5:00 p.m., and government activities and services; the respondent is not required to Monday through Thursday, excluding respond to, an information collection awards received; leadership and public legal holidays. The public record is service interests and ambitions; that has been extended, revised, or located at 712 Jackson Place, NW, third implemented on or after October 1, graduate study plans; and other floor, Washington, DC 20006. information that candidates deem 1995, unless it displays a currently valid significant. It also includes a 700–800- Dated: October 10, 1996. OMB control number. Louis H. Blair, word analysis of a public policy issue PROPOSED COLLECTION: Title: chosen by the applicant to demonstrate Executive Secretary, Harry S. Truman Scholarship Foundation. Contraception and Infertility Research analytical and writing skills. The data Loan Repayment Program. Type of are used only by Foundation staff or [FR Doc. 96–26427 Filed 10–15–96; 8:45 am] Information Collection Request: NEW. selection committees except for items BILLING CODE 6820±AP±M Need and Use of Information Collection: that may be used to publicize the program, to provide examples to help The information proposed for collection candidates in future years, or aggregated DEPARTMENT OF HEALTH AND will be used by NICHD to determine an for educational research purposes. HUMAN SERVICES applicant’s eligibility for participation Likely respondents: The likely in the CIR–LRP. It will enable the respondents consist of 800–900 college National Institutes of Health NICHD to select qualified individuals juniors who wish to receive support for participation in the program, and to Submission for OMB Review; deliver eligible benefits. from the Foundation to attend graduate Comment Request; Contraception and school in preparation for careers in the Infertility Research Loan Repayment The annual burden estimates are as public service. Each applicant is Program (CIR±LRP) follows: required to submit this application only once. He/she is also required to provide SUMMARY: Under the provisions of four letters of recommendation Section 3506(c)(2)(A) of the Paperwork

TABLE

Estimated Estimated Estimated number of re- Average bur- total annual Type of respondents number of re- sponses per den hours burden hours spondents respondent per response requested

Applicants ...... 50 1 5.5 275 Lender ...... 200 1 0.5 100 State/Other Entity ...... 8 1 0.5 4 The annualized cost to respondents is estimated at $8,460. There are no Capital Costs to report. There are no Operating or Maintenance Costs to report.

REQUESTS FOR COMMENTS: Written of the information to be collected; and time, should be directed to the: Office comments and/or suggestions from the (4) Ways to minimize the burden to the of Management and Budget, Office of public and affected agencies are invited collection of information on those who Regulatory Affairs, New Executive on one or more of the following points: are to respond, including the use of Office Building, Room 10235, (1) Whether the proposed collection of appropriate automated, electronic, Washington, DC 20503, Attention: Desk information is necessary for the proper mechanical, or other technological Officer for NIH. To request more performance of the function of the collection techniques or other forms of information on the proposed project or agency, including whether the information technology. to obtain a copy of the data collection information will have practical utility; DIRECT COMMENTS TO OMB: Written plans and instruments, contact: Louis V. (2) The accuracy of the agency’s comments and/or suggestions regarding DePaolo, Ph.D., Reproductive Sciences estimate of the burden of the proposed the item(s) contained in this notice, Branch, Center for Population Research, collection of information; (3) Ways to especially regarding the estimated NICHD, NIH, Building 61E, Room 8B01, enhance the quality, utility, and clarity public burden and associated response Bethesda, Maryland 20892–7510. Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53931

COMMENTS DUE DATE: Comments Government-Owned Inventions; immunogenic. They also are better able regarding this information collection are Availability for Licensing to penetrate tumors. These new PE best assured of having their full effect if molecules are at least 20 times more received within on or before November AGENCY: National Institutes of Health, cytotoxic to target cells and less 15, 1996. Public Health Service, DHHS. cytotoxic to normal cells than ACTION: Notice. Dated: October 9, 1996. previously developed PE immunotoxins. Benjamin E. Fulton, SUMMARY: The inventions listed below Executive Officer, NICHD. are owned by an agency of the U.S. Dated: October 2, 1996. [FR Doc. 96–26412 Filed 10–15–96; 8:45 am] Government and are available for Barbara M. McGarey, licensing in the U.S. in accordance with Deputy Director, Office of Technology BILLING CODE 4140±01±M 35 U.S.C. 207 to achieve expeditious Transfer. commercialization of results of [FR Doc. 96–26411 Filed 10–15–96; 8:45 am] Government-Owned Inventions; federally-funded research and BILLING CODE 4140±01±M Availability for Licensing development. ADDRESSES: Licensing information and a AGENCY: National Institutes of Health, copy of the U.S. patent applications National Center for Research Public Health Service, DHHS. referenced below may be obtained by Resources; Notice of Closed Meeting contacting Larry Tiffany, J.D., at the ACTION: Notice. Office of Technology Transfer, National Pursuant to Section 10(d) of the Institutes of Health, 6011 Executive Federal Advisory Committee Act, as SUMMARY: The invention listed below is Boulevard, Suite 325, Rockville, amended (5 U.S.C. Appendix 2), notice owned by an agency of the U.S. Maryland 20852–3804 (telephone 301/ is hereby given of the following Government and is available for 496–7056 ext 206; fax 301/402–0220). A meeting: licensing in the U.S. in accordance with signed Confidential Disclosure Name of Committee: Board of Scientific 35 U.S.C. 207 to achieve expeditious Agreement will be required to receive a Counselors, National Center for Research commercialization of results of federally copy of the patent application. Resources (NCRR). funded research and development. Dates of Meeting: November 18–19, 1996. Recombinant Pseudomonas Exotoxin Time: 8:00 a.m.-until adjournment. ADDRESSES: Licensing information and a With Increased Activity Place of Meeting: National Institutes of copy of the U.S. patent application Health, 9000 Rockville Pike, Conference IH Pastan, DJ Fitzgerald (NCI) referenced below may be obtained by Room G, Building 45, Bethesda, Maryland Serial Nos. 07/901,709 filed 18 Jun 92 and 20892. contacting George H. Keller, Ph.D., at 08/405,615 filed 15 Mar 95 (FWC of 07/ Scientific Review Administrator: Dr. Louise the Office of Technology Transfer, 901,709); also 08/463,480 and 08/461,234 Ramm, Deputy Director, National Center for National Institutes of Health, 6011 filed on 05 Jun 95 (DIVs of 08/405,615) Research Resources, Building 12A, Room Executive Boulevard, Suite 325, Development of novel recombinant Rockville, Maryland 20852–3804 4011, Bethesda, MD 20892, Telephone: (301) Pseudomonas exotoxin molecules with 496–6023. (telephone 301/496–7735 ext 246; fax higher target cell toxicity and less Purpose/Agenda: For the review of the 301/402–0220). A signed Confidential nonspecific cell toxicity offers to NCRR intramural research program. Disclosure Agreement will be required significantly improve the effectiveness to receive a copy of the patent of immunotherapies against virally In accordance with the provisions set application. infected and cancer cells. Toxins forth in section 552(c)(6), Title 5, U.S.C. attached to growth factors, antibodies, and section 10(d) of Public Law 92–463, A Method of Detecting Transmissible the meeting will be closed to the public Spongiform Encephalopathies and other cell-targeting molecules can be used to kill harmful cells bearing for the review, discussion and G. Hsich, C.J. Gibbs, K. Kenney, M.G. specific surface receptors or antigens. evaluation of individual programs and Harrington (NINDS) One promising source of an effective projects conducted by the National Filed 5 Apr 96 therapeutic toxin is Pseudomonas Institutes of Health, including DHHS Reference No. E–055–96/0 exotoxin (PE) A, an extremely active consideration of personnel monomeric protein that is excreted by qualifications and performance, the Improved assays for the detection of competence of individual investigators, transmissible spongiform the bacteria Pseudomonas aeruginosa. PE, which causes cell death by and similar items, the disclosure of encephalopathies (TSEs) in humans and which would constitute a clearly non-human mammals have been inhibiting protein synthesis in eukaryotic cells, contains three unwarranted invasion of personal developed. The assays involve detecting privacy. the presence or absence of 14–3–3 structural domains that act in concert to proteins in cerebrospinal fluid. Elevated cause cytotoxicity: domain Ia mediates Dated: October 8, 1996. levels of these proteins are indicative of cell binding, domain II is responsible for Paula N. Hayes, TSEs, in particular Creutzfeldt-Jacob translocation into the cytosol, and Acting Committee Management Officer, NIH. disease in humans and animals with domain III leads indirectly to inhibition [FR Doc. 96–26409 Filed 10–15–96; 8:45 am] these diseases. This invention is of protein synthesis. Unfortunately, BILLING CODE 4140±01±M available for licensing on a non- immunotoxins made with native PE also exclusive basis. attack the liver and—when given in large doses—may produce death due to National Institute of Allergy and Dated: October 2, 1996. liver toxicity. This problem has been Infectious Diseases; Notice of Meeting: Barbara M. McGarey, overcome by cleaving parts of the native Board of Scientific Counselors Deputy Director, Office of Technology endotoxin molecule including all of Transfer. domain Ia and part of domain II. Such Pursuant to Public Law 92–463, [FR Doc. 96–26410 Filed 10–15–96; 8:45 am] ‘‘pre-cleaved’’ PE molecules are smaller notice is hereby given of the meeting of BILLING CODE 4140±01±M in size and, thus, less likely to be the Board of Scientific Counselors, 53932 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

National Institute of Allergy and DEPARTMENT OF THE INTERIOR present, however, active RCW colonies Infectious Diseases, on December 9–11, were not located. A cultural resources 1996. The meeting will be held in the Bureau of Land Management survey and a threatened and endangered 4th Floor Conference Room, Building 4, [ES±020±1310±00] (T&E) species survey has been National Institutes of Health, 9000 completed on the LAAP; (4) Federally Rockville Pike, Bethesda, Maryland. Notice of Intent To Prepare a Planning designated Wild and Scenic Rivers or Wilderness areas are not located on the The meeting will be open to the Analyses/Environmental Assessment LAAP; (5) Lands classified as Farm public on December 9 from 10 a.m. to AGENCY: Bureau of Land Management Lands (prime or unique) are not present 12:15 p.m. and from 2 p.m. to 4:15 p.m. (BLM), Interior. on the LAAP, (6) Areas of Critical On December 10 the meeting will be SUMMARY: The Jackson District Office, Environmental Concern (this open from 9 a.m. until 11:30 a.m. Eastern States, through a third party classification is reserved for lands During the open sessions, the contractor (John Chance & Associates), administered by the BLM) are not permanent staff of the Laboratory of will prepare a Planning Analyses/ located on the LAAP. Infectious Diseases will present and Environmental Assessment (PA/EA) for The issues noted above could change discuss their immediate, past and consideration of leasing Federal mineral as a result of input from the public or present research activities. estate for oil and gas exploration and State and Federal agencies. In accordance with the provisions set development. The mineral estate is Bruce E. Dawson, located on the Louisiana Army forth in Section 552b(c)(6), Title 5, District Manager, Jackson. Ammunition Plant (LAAP). Consent to U.S.C. and Section 10(d) of Public Law lease has been obtained from the [FR Doc. 96–26500 Filed 10–15–96; 8:45 am] 92–463, the meeting will be closed to Department of Defense, the Surface BILLING CODE 4310±GJ±M the public on December 9 from 8:30 a.m. Managing Agency. until 10 a.m., from 12:15 p.m. until 2 This notice is issued pursuant to Title p.m., and from 4:15 p.m. until recess; on 40 Code of Federal Regulations (CFR) Bureau of Land Management December 10 from 8:30 a.m. until 9 a.m., 1501.7 and Title 43 CFR 1610.2(c). The and from 11:30 a.m. until recess; and on planning effort will follow the [OR±958±0777±54; GP6±0125; OR±19652 December 11 from 8:30 a.m. until procedures set forth in 43 CFR Part (WA)] adjournment, for the review, discussion, 1600. and evaluation of individual intramural The public is invited to participate in Public Land Order No. 7220; programs and projects conducted by the this PA/EA process by assisting with the Revocation of Secretarial Order dated National Institute of Allergy and identification of issues and criteria to be June 15, 1927; Washington Infectious Diseases, including addressed in the PA/EA. AGENCY: Bureau of Land Management, consideration of personal qualifications DATES: Comments relating to the Interior. and performance, the competence of identification of issues and criteria for ACTION: Public land order. individual investigators, and similar the PA/EA will be accepted for 30 days items, and disclosure of which would from the date of publication of this SUMMARY: This order revokes in its constitute a clearing unwarranted notice. entirety a Secretarial order which invasion of personal privacy. ADDRESSES: Send written comments to withdrew 11,360 acres of National Park Ms. Claudia Goad, Committee John E. Chance & Associates, Inc., and National Forest System lands for Management Officer, National Institute Attention Steve Ellsworth, 200 Dulles the Bureau of Land Management’s of Allergy and Infectious Diseases, Solar Drive, Lafayette, Louisiana. Powersite Classification No. 184. The Building, Room 3C26, National FOR FURTHER INFORMATION CONTACT: lands are no longer needed for the Institutes of Health, Bethesda, Maryland Clay W. Moore, National Environmental purpose for which they were 20982, 301–496–7601, will provide a Policy Act Coordinator, BLM, Jackson withdrawn. This action will open summary of the meeting and a roster of District, 411 Briarwood Drive, Suite 404, approximately 90 acres to surface entry, committee members upon request. Jackson, MS 39206, (601) 977–5400. which have been and will remain open Individuals who play to attend and need SUPPLEMENTARY INFORMATION: The to mining and mineral leasing. The special assistance, such as sign language 15,341 acre LAAP is located remaining 11,270 acres are included in interpretation or other reasonable approximately 15 miles east of other overlapping withdrawals and will accommodations, should contact Ms. Shreveport, Louisiana and five miles remain closed to surface entry, mining, Goad in advance of the meeting. west of Minden, Louisiana in Webster and mineral leasing. Parish. The entire facility is under non- EFFECTIVE DATE: November 15, 1996. Dr. Thomas J. Kindt, Executive competitive oil and gas lease Secretary, Board of Scientific application. The BLM has responsibility FOR FURTHER INFORMATION CONTACT: Counselors, NIAID, National Institutes to consider applications to lease Federal Betty McCarthy, BLM Oregon/ of Health, Building 10, Room 4A31, mineral estate for oil and gas Washington State Office, P.O. Box 2965, telephone 301–496–3006, will provide exploration and development. Portland, Oregon 97208–2965, 503–952– substantive program information. Preliminary examination of the LAAP 6155. (Catalog of Federal Domestic Assistance has identified the following issues: (1) By virtue of the authority vested in Program No. 93–301, National Institutes of The installation mission prohibits the Secretary of the Interior by Section Health.) drilling within all fenced-in areas 204 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. Dated: October 8, 1996. around various military facilities and drilling is not allowed in contaminated 1714 (1988), it is ordered as follows: Paula N. Hayes, areas, (2) Wetland, floodplain and 1. The Secretarial Order dated June Acting Committee Management Officer, NIH. riparian areas are present on the LAAP; 15, 1927, which established Powersite [FR Doc. 96–26408 Filed 10–15–96; 8:45 am] (3) Suitable habitat for the endangered Classification No. 184, is hereby BILLING CODE 4140±01±M Red Cockaded Woodpecker (RCW) is revoked in its entirety: Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53933

Willamette Meridian and the Olympic Wilderness Area FOR FURTHER INFORMATION CONTACT: Olympic National Park Withdrawals and will not be restored to Dave Henderson, Area Manager, Henry T. 26 N., R. 6 W., unsurveyed, operation of the public land laws, Mountain Resource Area, 150 East, 900 Secs. 4, 8, 9, 16, 17, 18, 19, and 20, every including the mining and mineral North, Richfield, Utah at 801–896–8221. smallest legal subdivision and portion of leasing laws. G. William Lamb, which, when surveyed will be within 1⁄4 of a mile of the Elwha River. Dated: October 2, 1996. State Director, Utah. T. 27 N., R. 6 W., unsurveyed, Bob Armstrong, [FR Doc. 96–26395 Filed 10–15–96; 8:45 am] Secs. 4, 5, 8, 9, 16, 17, 20, 21, 27, 28, 33, Assistant Secretary of the Interior. BILLING CODE 4310±DQ±M and 34, every smallest legal subdivision and portion of which, when surveyed [FR Doc. 96–26394 Filed 10–15–96; 8:45 am] will be within 1⁄4 of a mile of the Elwha BILLING CODE 4310±33±P [MT±960±1990±00±CCAM; MTM 84500] River. T. 28 N., R. 6 W., unsurveyed, Correction Secs. 7, 17, 18, 19, 20, 29, 30, 32, and 33, every smallest legal subdivision and [UT±050±1020±00] In notice document 96–24144 portion of which, when surveyed will be appearing on pages 49480–1 in the issue within 1⁄4 of a mile of the Elwha River. Notice of Intent To Amend Plan of Friday, September 20, 1996, make the T. 26 N., R. 7 W., unsurveyed, following correction: Sec. 24, every smallest legal subdivision AGENCY: Bureau of Land Management, In the description on page 49481 and portion of which, when surveyed Interior. under Federal Lands, ‘‘T. 15 E.’’ should will be within 1⁄4 of a mile of the Elwha read ‘‘T. 8 S., R. 15 E.’’ River. ACTION: Notice of intent to amend the Dated: October 2, 1996. T. 28 N., R. 7 W., unsurveyed, San Rafael Resource Management Plan Daniel T. Mates, Secs. 2, 3, 4, 11, 12, and 13, every smallest of Moab Field Office, Bureau of Land Acting Deputy State Director, Division of legal subdivision and portion of which, Management, Utah. when surveyed will be within 1⁄4 of a Resources. mile of the Elwha River. [FR Doc. 96–26501 Filed 10–15–96; 8:45 am] ACTION: This notice is intended to T. 29 N., R. 7 W., BILLING CODE 4310±DN-P Sec. 4, lot 3; inform the public that the Bureau of Sec. 5, NE1⁄4 and SW1⁄4SE1⁄4; Land Management intends to consider a 1 Sec. 9, W ⁄2; proposed amendment to the San Rafael National Park Service Sec. 16, unsurveyed NW1⁄4SW1⁄4; Resource Management Plan. This Sec. 17, E1⁄2SE1⁄4 and unsurveyed San Francisco Maritime National SE1⁄4NW1⁄4; proposed amendment will consider the Sec. 28, unsurveyed SW1⁄4; voluntary relinquishment and Historical Park Advisory Commission Sec. 29, E1⁄2NW1⁄4 and SW1⁄4SE1⁄4; retirement of Animal Unit Months Meeting Sec. 32, unsurveyed E1⁄2NE1⁄4; (AUMs) associated with the Horseshoe Agenda for the October 17, 1996 Public Sec. 33, unsurveyed. South grazing allotment. T. 30 N., R. 7 W., Meeting of the Advisory Commission for the Sec. 33, lot 10, and those portions of lots SUPPLEMENTARY INFORMATION: The San Francisco Maritime National Historical 6, 8, and 9 lying within the Olympic Bureau of Land Management (in Park National Park and Olympic Wilderness coordination with the permittee on the Public Meeting Fort Mason, Building F 10:00 boundaries. Horseshoe Allotment and a land use a.m.—Noon Olympic National Forest conservation group) is proposing to 10:00 a.m. Welcome—Neil Chaitin, Chairman T. 30 N., R. 7 W., relinquish and permanently retire the Opening Remarks—Neil Chaitin, Sec. 33, lot 3, and those portions of lots 6, Chairman, William G. Thomas, 8, and 9 lying outside Olympic National existing allotment AUMs for the long Superintendent Park and the Olympic Wilderness term benefit of watershed and wildlife 10:15 a.m. Advisory commission review of boundaries. resources. Preliminary issues/impacts public comments on the General The areas described aggregate that have been identified to be Management plan approximately 11,360 acres in Clallam and addressed include the following: (1) Advisory Commission Recommendations Jefferson Counties. for adoption based on public comments. Economic impacts as a result of the loss 11:30 a.m. Public comments and questions 2. At 8:30 a.m., on November 15, for AUMs for the purpose of grazing; (2) 11:45 a.m. Agenda Items/Date for next 1996, those lands described as lot 3 and impact to watershed values as a result meeting those portions of lots 6, 8, and 9, sec. of the elimination of permanent grazing; William G. Thomas, 33, T. 30 N., R. 7 W., lying outside the and (3) impacts to wildlife and Superintendent. boundary of the Olympic National Park associated habitat resulting from the re- [FR Doc. 96–26385 Filed 10–15–96; 8:45 am] and Olympic Wilderness, will be allocation of AUMs from livestock to BILLING CODE 4310±70±P opened to such forms of disposition as wildlife. may by law be made of National Forest Public participation is being sought at System lands, subject to valid existing this time to ensure that the proposed Petroglyph National Monument rights, the provisions of existing amendment and associated Advisory Commission; Notice of withdrawals, other segregations of Meeting record, and the requirements of environmental analysis considers all applicable law. All valid applications reasonable issues, alternatives, problems Notice is hereby given in accordance received at or prior to 8:30 a.m., on and concerns relative to the proposed with the Federal Advisory Committee November 15, 1996, shall be considered action. Act, Public Law 92–463, that a meeting as simultaneously filed at that time. DATES: The comment period for this of the Petroglyph National Monument Those received thereafter shall be proposed amendment will commence Advisory Commission will be held at considered in the order of filing. with the publication of this notice. 9:00 a.m., on Friday, November 15, 3. The lands described in Paragraph 1, 1996, at the Sheraton Old Town Hotel, Comments must be submitted on or except as provided in Paragraph 2, are 800 Rio Grande Boulevard N.W., before November 15, 1996. included in the Olympic National Park Albuquerque, New Mexico. 53934 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

The Petroglyph National Monument Denver County Northwest No. 6 Boundary Marker of the Advisory Commission was established Berkeley School, 5025—5055 Lowell Blvd., Original District of Columbia (Boundary pursuant to Public Law 101–313, Denver, 96001237 Markers of the Original District of establishing Petroglyph National St. Dominic’s Church, 3005 W. 29th Ave., Columbia MPS) 150 ft. NE of jct. of Park Monument, to advise the Secretary of Denver, 96001236 and Western Aves., NW, Washington, 96001262 the Interior on the management and El Paso County Northwest No. 7 Boundary Marker of the development of the monument and on Colorado Springs Public Library—Carnegie the preparation of the monument’s Original District of Columbia (Boundary Building, 21 W. Kiowa St., Colorado Markers of the Original District of general management plan. Springs, 96001238 Matters to be discussed at this Columbia MPS) 5600 Western Ave., DISTRICT OF COLUMBIA Washington, 96001261 meeting include: Northwest No. 8 Boundary Marker of the Introduction of Commission members District of Columbia State Equivalent Original District of Columbia (Boundary and guests East Corner Boundary Marker of the Original Markers of the Original District of Superintendent’s Report District of Columbia (Boundary Markers of Columbia MPS) 6422 Western Ave., Status report on the General the Original District of Columbia MPS) 100 Washington, 96001260 ft. E of jct. of Eastern and Southern Aves., Management Plan Northwest No. 9 Boundary Marker of the New Business Washington, 96001249 Original District of Columbia (Boundary Public Comment North Corner Boundary Marker of the The meeting will be open to the Original District of Columbia (Boundary Markers of the Original District of Columbia MPS) Rock Creek Park, public. Any member of the public may Markers of the Original District of Columbia MPS) 1880 block of East-West approximately 165 ft. NW of the centerline file a written statement concerning the of Daniel Rd. and 5 ft. SE from edge of matters to be discussed at the Hwy., Washington, 96001258 Northeast No. 2 Boundary Marker of the 2701 Daniel Rd., Washington, 96001259 Commission meeting with the Original District of Columbia (Boundary Southeast No. 1 Boundary Marker of the Superintendent. Markers of the Original District of Original District of Columbia (Boundary Persons who wish further information Columbia MPS) 6980 Maple Ave., NW, Markers of the Original District of concerning the meeting, or who wish to Washington, 96001257 Columbia MPS) 30 ft. S of jct. of Southern submit written comments may contact Northeast No. 3 Boundary Marker of the Ave. and D St., Washington, 96001248 Judith Cordova, Superintendent, Original District of Columbia (Boundary Southeast No. 2 Boundary Marker of the Petroglyph National Monument, 6001 Markers of the Original District of Original District of Columbia (Boundary Unser Boulevard N.W., Albuquerque, Columbia MPS) 144 ft. NW of jct. of Markers of the Original District of Eastern Ave. and Chillum Rd., Washington, New Mexico 87120, telephone (505) Columbia MPS) 4245 Southern Ave., 96001256 Washington, 96001247 899–0205. Northeast No. 4 Boundary Marker of the Minutes of the Commission meeting Original District of Columbia (Boundary Southeast No. 3 Boundary Marker of the will be available for public inspection Markers of the Original District of Original District of Columbia (Boundary six weeks after the meeting, at Columbia MPS) 5400 Sargent Rd., Markers of the Original District of Petroglyph National Monument Washington, 96001255 Columbia MPS) 3908 Southern Ave., Headquarters. Northeast No. 5 Boundary Marker of the Washington, 96001246 Original District of Columbia (Boundary Southeast No. 5 Boundary Marker of the Dated: October 8, 1996. Markers of the Original District of Original District of Columbia (Boundary Judith Cordova, Columbia MPS) 4609 Eastern Ave., Markers of the Original District of Superintendent, Petroglyph National Washington, 96001254 Columbia MPS) 280 ft. NE of jct. of Monument. Northeast No. 6 Boundary Marker of the Southern Ave. and Valley Terrace, [FR Doc. 96–26439 Filed 10–15–96; 8:45 am] Original District of Columbia (Boundary Washington, 96001245 Markers of the Original District of BILLING CODE 4310±70±P Southeast No. 6 Boundary Marker of the Columbia MPS) 3601 Eastern Ave., Original District of Columbia (Boundary Washington, 96001253 Markers of the Original District of Northeast No. 7 Boundary Marker of the Columbia MPS) 901 Southern Ave., National Register of Historic Places; Original District of Columbia (Boundary Washington, 96001244 Notification of Pending Nominations Markers of the Original District of Southeast No. 7 Boundary Marker of the Nominations for the following Columbia MPS) Ft. Lincoln Cemetery, Washington, 96001252 Original District of Columbia (Boundary properties being considered for listing Northeast No. 8 Boundary Marker of the Markers of the Original District of in the National Register were received Original District of Columbia (Boundary Columbia MPS) 25 ft. NE of jct. of Southern by the National Park Service before Markers of the Original District of Ave. and Indian Head Rd., Washington, October 5, 1996. Pursuant to § 60.13 of Columbia MPS) Kenilworth Aquatics 96001243 36 CFR Part 60 written comments Gardens, NW of jct. of Eastern and Southeast No. 9 Boundary Marker of the concerning the significance of these Kenilworth Aves., Washington, 96001251 Original District of Columbia (Boundary properties under the National Register Northeast No. 9 Boundary Marker of the Markers of the Original District of criteria for evaluation may be forwarded Original District of Columbia (Boundary Columbia MPS) .225 mi. S of Oxon Cove Markers of the Original District of to the National Register, National Park Br. and 420 ft. E of Shepherd Pkwy., Columbia MPS) 919 Eastern Ave., Washington, 96001242 Service, P.O. Box 37127, Washington, Washington, 96001250 D.C. 20013–7127. Written comments Northwest No. 4 Boundary Marker of the LOUISIANA should be submitted by October 31, Original District of Columbia (Boundary Avoyelles Parish 1996. Markers of the Original District of Louisiana Railway and Navigation Company Carol D. Shull, Columbia MPS) 5906 Dalecarlia Pl., NW, Washington, 96001241 Depot, Jct. of Depot and Cleco Sts., Keeper of the National Register. Northwest No. 5 Boundary Marker of the Mansura, 96001264 Original District of Columbia (Boundary COLORADO West Baton Rouge Parish Markers of the Original District of Chaffee County Columbia MPS) Dalecarlia Reservoir, 600 Allendale Plantation Historic District, Jct. of Corbin, E.W., House, 303 E. 5th St., Salida, ft. W of Dalecarlia Parkway and 300 ft SE N. River Rd. and Allendale Rd., Port Allen 96001239 of concrete culvert, Washington, 96001240 vicinity, 96001263 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53935

MISSISSIPPI Based on the above mentioned Earlier notice of this meeting could Alcorn County information, officials of the Museum of not be made due to the recent passage Anthropology, University of Kansas of the legislation on October 2, 1996. Bynum, Dr. Joseph M., House, 48 S. Front St., AGENCY CONTACT: Rienzi, 96001268 have determined that, pursuant to 43 Pamela Posch, Office CFR 10.2 (d)(1), the human remains of the General Counsel, United States Copiah County listed above represent the physical Parole Commission, (301) 492–5959. Rea, Dr. Robert W., House (Copiah County remains of three individuals of Native Dated: October 10, 1996. MPS) 1034 Church St., Wesson, 96001267 American ancestry. Officials of the Michael A. Stover, Museum of Anthropology have also Hancock County General Counsel, U.S. Parole Commission determined that, pursuant to 25 U.S.C. Onward Oaks (Bay St. Louis MRA) 972 S. [FR Doc. 96–26657 Filed 10–11–96; 2:46 pm] Beach Blvd., Bay St. Louis, 96001265 3001 (2), there is a relationship of shared group identity which can be BILLING CODE 4410±01±M Union County reasonably traced between these Native New Albany Downtown Historic District, American human remains and Hui Roughly bounded by W. and E. Main, Ma¯ lama I Na¯ Ku¯ puna ’O Hawai’i Nei, DEPARTMENT OF LABOR Camp St., and former St. Louis and San the Office of Hawaiian Affairs and the Francisco RR tracks, New Albany, Kauai/Nihau Island Burial Council. Employment and Training 96001266 Administration This notice has been sent to officials NEW YORK of Hui Ma¯ lama I Na¯ Ku¯ puna ’O Hawai’i Notice of Determinations Regarding Putnam County Nei, the Office of Hawaiian Affairs and Eligibility To Apply for Worker the Kauai/Nihau Island Burial Council. Manitoga (Hudson Highlands MRA) Jct. of Adjustment Assistance and NAFTA NY 9D and Manitou Rd., Garrison, Representatives of any other Native Transitional Adjustment Assistance 96001269 Hawaiian organization that believes [FR Doc. 96–26455 Filed 10–15–96; 8:45 am] itself to be culturally affiliated with In accordance with Section 223 of the these human remains should contact Trade Act of 1974, as amended, the BILLING CODE 4310±70±P Mary Adair, Museum of Anthropology, Department of Labor herein presents University of Kansas, Lawrence, Kansas summaries of determinations regarding Notice of Inventory Completion for 66045; telephone (913) 864-4245 before eligibility to apply for trade adjustment Native American Human Remains from November 15, 1996. Repatriation of the assistance for workers (TA–W) issued Hawaii in the Possession of the human remains to Hui Ma¯ lama I Na¯ during the period of September, 1996. University of Kansas, Museum of Ku¯ puna ’O Hawai’i Nei, the Office of In order for an affirmative Anthropology, Lawrence, KS Hawaiian Affairs, and the Kauai/Nihau determination to be made and a Island Burial Council may begin after certification of eligibility to apply for AGENCY: National Park Service, Interior. that date if no additional claimants worker adjustment assistance to be ACTION: Notice. come forward. issued, each of the group eligibility Dated: October 10, 1996, requirements of Section 222 of Act must Notice is hereby given in accordance Francis P. McManamon, be met. with provisions of the Native American Departmental Consulting Archeologist, (1) That a significant number or Graves Protection and Repatriation Act proportion of the workers in the Manager, Archeology and Ethnography (NAGPRA), 25 U.S.C. 3003 (d), of the Program. workers’ firm, or an appropriate completion of an inventory of human subdivision thereof, have become totally [FR Doc. 96–26456 Filed 10–15–96; 8:45 am] remains from Hawaii in the possession or partially separated, of the Museum of Anthropology, BILLING CODE 4310±70±F (2) That sales or production, or both, University of Kansas, Lawrence, KS. of the firm or subdivision have A detailed assessment of the human decreased absolutely, and remains was made by Museum of DEPARTMENT OF JUSTICE (3) That increases of imports of Anthropology professional staff in articles like or directly competitive with consultation with representatives of Hui Parole Commission articles produced by the firm or Ma¯ lama I Na¯ Ku¯ puna ’O Hawai’i Nei. appropriate subdivision have Prior to 1947 human remains Sunshine Act Meeting contributed importantly to the representing three individuals were separations, or threat thereof, and to the donated to the Museum of Pursuant To The Government In The absolute decline in sales or production. Sunshine Act (Public Law 94–409) [5 U.S.C. Anthropology by Mr. L.A. Walworth. No Section 552b] Negative Determinations for Worker known individuals were identified. Adjustment Assistance There are no associated funerary objects. AGENCY HOLDING MEETING: Department of Accession records list these human Justice, United States Parole In each of the following cases the remains as being collected from the Commission. investigation revealed that criterion (3) ‘‘battle field of 1820, Isle of Kanai (sic), TIME AND DATE: 11:00 a.m., Tuesday, has not been met. A survey of customers belonging to the O’ahu tribe, Hawaii.’’ October 15, 1996. indicated that increased imports did not contribute importantly to worker Representatives of Hui Ma¯ lama I Na¯ PLACE: 5550 Friendship Boulevard, separations at the firm. Ku¯ puna ’O Hawai’i Nei indicate that Suite 400, Chevy Chase, Maryland Native Hawaiian were involved in a 20815. TA–W–32,584; Tyler Pipe Co., Tyler, TX battle on the island of Kaua’i in 1825, TA–W–32,133; Rau Fastener C., LLC, not 1820. Documentation on this battle STATUS: Open. Providence, RI is mentioned in, Ruling Chiefs of Hawaii MATTERS TO BE CONSIDERED: The meeting TA–W–32,654; Kulicke and Soffa by Samuel M. Kamakau, The is being held to adopt a voting quorum Industries, Inc., Willow Grove, PA Kamehameha Schools Press, Honolulu, for a three member Commission. P.L. TA–W–32,596; Top This, Inc., Vienna, 1992. 104–232 (October 2, 1996). MO 53936 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

In the following cases, the TA–W–32,621; Tri Tech Tool & Design assistance hereinafter called (NAFTA– investigation revealed that the criteria Co., Inc., South Bound Brook, NJ: TAA) and in accordance with Section for eligibility have not been met for the May 15, 1995. 250(a) Subchapter D, Chapter 2, Title II, reasons specified. TA–W–32,656; Dynamic Axle Co., of the Trade Act as amended, the TA–W–32,634; Trico Products Corp., Rancho Dominguez, CA: August 7, Department of Labor presents Buffalo, NY York, SC 1995. summaries of determinations regarding TA–W–32,669; Prairie Meat Packer, Inc., TA–W–32,614; International Rectifiers, eligibility to apply for NAFTA–TAA Cardington, OH Hexfet America Facility, Temecula, issued during the month of August & TA–W–32,585; Dale Electronics, CA: June 17, 1995. September, 1996. Bradford Electrics, Bradford, PA TA–W–32,675; McQueeney Sportswear, In order for an affirmative TA–W–32,589; Northern Engraving Inc., Millwork, AL: June 19, 1995. determination to be made and a Corp., Lacrosse, WI TA–W–32,684; J & J Manufacturing/AKA certification of eligibility to apply for TA–W–32,603; Allergan, Inc., Spincast Johnnie Cutting and Sewing, NAFTA–TAA the following group Department, Waco, TX Hialeah, FL: July 25, 1995. eligibility requirements of Section 250 TA–W–32,572; Pauline Knitting TA–W–32,698; Roundwood Timer of the Trade Act must be met: Industries, Salisbury, NC Products, Inc., Chemult, OR: August (1) That a significant number or proportion TA–W–32,683; Newport Shrimp Co., 10, 1995. of the workers in the workers’ firm, or an Inc., Newport, OR TA–W–32,599; Pella Manufacturing, appropriate subdivision thereof (including TA–W–32,592; Evanite Fiber Corp., Inc., Pella, IA: July 18, 1995. workers in any agricultural firm or Submicro Div., Corvallis, OR TA–W–32,605 & A; Keystone appropriate subdivision thereof), have Transformer Co., Pennsburg, PA become totally or partially separated from Increased imports did not contribute employment and either— importantly to worker separations at the and Trumbauersville, PA: July 18, (2) That sales or production, or both, of firm. 1995. such firm or subdivision have decreased TA–W–32,765; Ryder Scott Co., TA–W–32,629; Burlington Resources, absolutely; Petroleum Engineer, Denver, CO Meridian Oil Co., Englewood, CO: (3) That imports from Mexico or Canada of TA–W–32,701; United Cities Gas Co., July 30, 1995. articles like or directly competitive with articles produced by such firm or sub Independence, KS TA–W–32,620; Shell Chemical Co., Paint Pleasant Polyester Plant, division have increased, and that the The workers firm does not produce an increases in imports contributed importantly Apple Grove, WV: July 19, 1995. article as required for certification under to such workers’ separations or threat of TA–W–32,612; Northwest Alloys, Inc., Section 222 of the Trade Act of 1974. separation and to the decline in sales or Addy, WA: July 18, 1995. production of such firm or subdivision; or TA–W–32,568; Globe Netallurgical, Inc., TA–W–32,740; Rano Cutting Corp., New (4) That there has been a shift in Niagara Falls, NY York, NY: August 27, 1995. production by such workers’ firm or TA–W–32,769; Seaboard Oil Co., TA–W–32,660; Amoco Exploration and subdivision to Mexico or Canada of articles Midland, TX Production, National Gas Group, like or directly competitive with articles TA–W–32,594; C-Cor Electronics, Inc., Natural Gas Liquids Business Unit, which are produced by the firm or subdivision. Reedsville, PA & E & P Technology Group The investigation revealed that Operation in the Following States: Negative Determinations NAFTA–TAA criteria (2) has not been met. Sales or B; AL, C; AR, D; CO, E; KS, F; LA, In each of the following cases the production did not decline during the G; MI, H; MS, I; NM, J; OK, & K; TX: investigation revealed that criteria (3) relevant period as required for August 6, 1995. and (4) were not met. Imports from certification. TA–W–32,660; Amoco Exploration and Canada or Mexico did not contribute TA–W–32,635; Lamson & Sessions Co., Production, Headquartered in importantly to workers’ separations. Aurora, OH Chicago, IL and A; Houston, TX, & There was no shift in production from The investigation revealed that Operating in the Following Units in the subject firm to Canada or Mexico criterion (2) and criterion (3) have not The Following States: US during the relevant period. been met. Sales or production did not Operations Group, Permian Basin NAFTA–TAA–01197; Newport Shrimp decline during the relevant period as Business Unit, Southeast Business Co., Inc., Newport, OR required for certification. Increases of Unit, B; AL, C; AR, D; CO, E; KS, F; NAFTA–TAA–01212; Tell City Chair imports of articles like or directly LA, G; MI, H; MS, I; NM, K; TX & Co., Tell City, IN competitive with articles produced by Tulsa Research Center, Operating in NAFTA–TAA–01184; Teledyne Tran the firm or appropriate subdivision have OK: June 9, 1996. Aeronautical, Allegheny Teledyne not contributed importantly to the TA–W–32,660; Amoco Exploration and Div., San Diego, CA separations or threat thereof, and the Production, Offshore Business Unit, NAFTA–TAA–01175 & A; Lukens, Inc. absolute decline in sales or production. Operating at the Following States: (AKA Washington Steel), L; LA, & M; TX: June 9, 1996. Washington, PA & Houston, TX Affirmative Determinations for Worker TA–W–32,660; Amoco Exploration and NAFTA–TAA–01180; Jo-Nez Apparel, Adjustment Assistance Production, Mid-Continent Business Inc., Tompkinsville, KY The following certifications have been Unit, Northwestern U.S. Business NAFTA–TAA–01208; C.J. Enterprises, issued; the date following the company Unit and Southern Rockies Morganton, NC. name & location for each determination Business Unit Operating in The NAFTA–TAA–01187; Whirlpool Corp., references the impact date for all Following States: N; CO, O; KS, P; Evansville, IN workers for such determination. NM, Q; OK, R; TX, S; UT, T; WY, In the following cases, the TA–W–32,582; OMSC Shirt Corp., U; AK; June 9, 1996. investigation revealed that the criteria Morgantown, WV: July 12, 1995. Also, pursuant to Title V of the North for eligibility have not been met for the TA–W–32,575; Dean Foods Vegetable American Free Trade Agreement reasons specified. Co., Norcal-Crosetti (NC) Foods, Implementation Act (Pub. L. 103–182) NAFTA–TAA–01199; Casa Brand, Inc., Watsonville, CA: June 28, 1995. concerning transitional adjustment Los Angeles, CA Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53937

The investigation revealed that the [TA±W±32,318] [TA±W±32,601] workers of the subject firm did not produce an article within the meaning Jaunty Textile, a Division of Advanced Morgan Lumber Company, Jackson, of Section 250(a) of the Trade Act, as Textile Composites, Incorporated, TN; Notice of Termination of amended. Scranton, PA; Notice of Revised Investigation Determination on Reconsideration Affirmative Determinations NAFTA– Pursuant to Section 221 of the Trade TAA Act of 1974, an investigation was On July 3, 1996, the Department initiated on July 29, 1996, in response The following certifications have been issued a Negative Determination to a petition which was filed on July 17, issued; the date following the company Regarding Eligibility to Apply for 1996, on behalf of workers at Morgan name & location for each determination Worker Adjustment Assistance, Lumber Company, Jackson, Tennessee. references the impact date for all applicable to all workers of Jaunty The petitioning company has workers for such determination. Textile, a Division of Advanced Textile requested that the petition be NAFTA–TAA–01193; Robertshaw Composites, Incorporated located in withdrawn. Consequently, further Controls Co., Appliance Controls Scranton, Pennsylvania. The notice was investigation in this case would serve Div., Ellijay, GA: August 12, 1995. published in the Federal Register on no purpose, and the investigation has been terminated. NAFTA–TAA–01152; Shell Chemical August 2, 1996 (61 FR 40453). Co., Point Pleasant Polyester Plant, Investigation findings show that the Signed in Washington, DC, this 27th day of Apple Grove, WV: July 19, 1995. workers produced woven synthetic September 1996. NAFTA–TAA–01206; Go/Dan fabrics. The workers were denied TAA Linda G. Poole, Industries, Peru, IL: July 26, 1995. because the ‘‘contributed importantly’’ Acting Program Manager, Policy and Reemployment Services, Office of Trade NAFTA–TAA–01201; Jar-Car test of the Group Eligibility Requirements of the Trade Act was not Adjustment Assistance. Manufacturing, El Paso, TX: July 24, [FR Doc. 96–26488 Filed 10–15–96; 8:45 am] 1995. met. BILLING CODE 4510±30±M NAFTA–TAA–01123; Flexel, Inc., By letter of August 2, 1996, a Tecumseh, KS: July 9, 1995. company official requested NAFTA–TAA–01209; Lambda administrative reconsideration of the [TA±W±32,623] Department’s findings. The company Electronics, Inc., Tucson, AZ: Oakloom Clothes, Inc., Baltimore, MD; August 16, 1995. provided new information regarding a Notice of Termination of Investigation NAFTA–TAA–01202; U.S. Colors, Inc., major customer, reducing purchases Rocky Mount, NC: August 15, 1995. from Jaunty, that had been inadvertently Pursuant to Section 221 of the Trade Act of 1974, an investigation was NAFTA–TAA–01182; Clothes excluded from their list of customers. initiated on August 5, 1996 in response Connection, Santa Ana, CA: August On reconsideration, the Department to a worker petition which was filed on 8, 1995. surveyed the customer. New investigation findings on August 5, 1996 on behalf of workers at NAFTA–TAA–01178; Anchor Glass Oakloom Clothes, Inc., Baltimore, Container Corp., Zanesville Mould reconsideration show that the customer began importing synthetic woven Maryland. Div., Zanesville, OH: August 9, All production workers were textiles in 1996. 1995. separated from the subject firm more NAFTA–TAA–01207; Plastiflex Co., Conclusion than one year prior to the date of the Inc., Centralia, IL: August 21, 1995. petition. Section 223 of the Act specifies NAFTA–TAA–01171, A,B,C; Strick After careful consideration of the new that no certification may apply to any Corp., Fairless Hills, PA, Berwick, facts obtained on reconsideration, it is worker whose last separation occurred PA, Danville, PA, Monroe, IN: concluded that the workers of Jaunty more than one year before the date of August 5, 1995. Textile, a Division of Advanced Textile the petition. Consequently, further NAFTA–TAA–01150 & A; Keystone Composites, Incorporated, Scranton, investigation in this case would serve Transformer Co., Pennsburg, PA Pennsylvania were adversely affected by no purpose, and the investigation has and Trumbauersville, PA: July 18, increased imports of articles like or been terminated. 1995. directly competitive with synthetic Signed in Washington, D.C. this 1st day of woven textiles produced at the subject I hereby certify that the October, 1996. firm. aforementioned determinations were Russell T. Kile, issued during the month of September, ‘‘All workers of Jaunty Textile, a Division Acting Program Manager, Policy and 1996. Copies of these determinations are of Advanced Textile Composites, Reemployment Services, Office of Trade available for inspection in Room C– Incorporated, Scranton, Pennsylvania, who Adjustment Assistance. 4318, U.S. Department of Labor, 200 became totally or partially separated from [FR Doc. 96–26487 Filed 10–15–96; 8:45 am] Constitution Avenue, N.W., employment on or after May 1, 1995, are BILLING CODE 4510±30±M Washington, D.C. 20210 during normal eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974.’’ business hours or will be mailed to [TA±W±32,532; TA±W±32,532D] persons who write to the above address. Signed at Washington, D.C., this 30th day of September 1996. Dated: October 4, 1996. Orbit Industries, Incorporated, Helen, Russell T. Kile, GA and Penline Garment Company, Russell T. Kile, Acting Program Manager, Policy and Toccoa, GA; Amended Certification Acting Program Manager, Policy & Regarding Eligibility To Apply for Reemployment Services, Office of Trade Reemployment Services, Office of Trade Adjustment Assistance. Adjustment Assistance. Worker Adjustment Assistance [FR Doc. 96–26485 Filed 10–15–96; 8:45 am] [FR Doc. 96–26490 Filed 10–15–96; 8:45 am] In accordance with Section 223 of the BILLING CODE 4510±30±M BILLING CODE 4510±30±M Trade Act of 1974 (19 USC 2273) the 53938 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

Department of Labor issued a test of the Group Eligibility Proposed Information Collection Certification Regarding Eligibility to Requirements of the Trade Act was not Request Submitted for Public Apply for Worker Adjustment met. Company officials indicated that a Comment and Recommendations; Assistance on August 9, 1996, significant portion of the layoffs were Unemployment Insurance Benefit applicable to all workers of Orbit attributable to the shift of a torque Accuracy Measurement Program Industries, Incorporated located in wrench production line in early 1996, ACTION: Notice. Helen, Georgia. The notice was from the Mt. Carmel plant to an published in the Federal Register on affiliated facility located in Industry, SUMMARY: The Department of Labor, as September 13, 1996 (61 FR 48504). California. The corporate decision to part of its continuing effort to reduce At the request of the company, the shift production to another domestic paperwork and respondent burden, Department reviewed the certification location would not form the basis for a conducts a preclearance consultation for workers of the subject firm. Based on worker certification. program to provide the general public new information received by the and Federal agencies with an company, the Department is amending The IAM&AW request for opportunity to comment on proposed the certification to cover workers at the reconsideration enclosed numerous and/or continuing collections of affiliate plant of the subject firm, statements from workers of the subject information in accordance with the Penline Garment Company, Toccoa, firm describing an all employee meeting Paperwork Reduction Act of 1995 Georgia. The production facility closed where a company official stated that (PRA95) (44 U.S.C. 3506(c)(2)(A)). This September 27, 1996. The workers at imports of some hand tools from abroad program helps to ensure that requested Penline Garment were engaged in were increasing in quality and data can be provided in the desired employment related to the production of decreasing in price, and thus, impacting format, reporting burden (time and apparel. workers jobs in Mt. Carmel. The intent of the Department’s financial resources) is minimized, certification is to include all workers of Another test of the ‘‘contributed collection instruments are clearly the subject firm who were adversely importantly’’ criterion is generally understood, and the impact of collection affected by increased imports of apparel. demonstrated through a survey of the requirements on respondents can be The amended notice applicable to workers’ firm’s customers. However, in properly assessed. With this notice, the TA–W–32,532 is hereby issued as this case the hand tools produced by Employment and Training follows: Snap-On are mass marketed through a Administration is soliciting comments dealer network and sold to independent concerning a proposed pilot test of ‘‘All workers of Orbit Industries, collecting information on the accuracy Incorporated, Helen, Georgia (TA–W–32,532) automobile mechanics. Therefore, a and Penline Garment Company, Toccoa, customer survey was not feasible. The of denials of Unemployment Insurance Georgia (TA–W–32,532D) who became totally Department must rely on import (UI) benefit eligibility. A copy of the or partially separated from employment on or statistics to determine import impact on proposed information collection request after June 24, 1995 are eligible to apply for workers of the subject firm. can be obtained by contacting the adjustment assistance under Section 223 of employee named below in the contact the Trade Act of 1974.’’ Based on petitioners allegations, the section of this notice. Signed at Washington, D.C. this 30th day Department reviewed and updated the DATES: Written comments must be of September 1996. trade statistics for wrenches and pliers. submitted on or before December 16, Russell T. Kile, Aggregate U.S. imports of wrenches 1996. declined from 1994 to 1995 and in the Acting Program Manager, Policy and Written comments should: Reemployment Services, Office of Trade twelve-month period of June through Adjustment Assistance. May 1995–1996 compared to the same —Evaluate whether the proposed collection of information is necessary [FR Doc. 96–26491 Filed 10–15–96; 8:45 am] twelve months of 1994–1995. Aggregate for the proper performance of the BILLING CODE 4510±30±M U.S. imports of pliers rose slightly from functions of the agency, including 1994 to 1995 but decreased in the whether the information will have [TA±W±32,388] twelve-month period of June through practical utility; May 1995–1996 compared to the same —Evaluate the accuracy of the agency’s Snap-On, Incorporated; Mt. Carmel, IL; twelve months of 1994–1995. estimate of the burden of the Notice of Negative Determination Conclusion proposed collection of information, Regarding Application for including the validity of the Reconsideration After reconsideration, I affirm the methodology and assumptions used; By an application dated August 26, original notice of negative —Enhance the quality, utility, and 1996, the International Association of determination of eligibility to apply for clarity of the information to be Machinists and Aerospace Workers adjustment assistance under Section 223 collected; and (IAM&AW) requested administrative of the Trade Act to workers and former —Minimize the burden of the collection reconsideration of the subject petition workers of Snap-On, Incorporated, Mt. of information on those who are to for trade adjustment assistance (TAA). Carmel, Illinois. respond, including through the use of The denial notice was signed on July 29, appropriate automated, electronic Signed at Washington, DC, this 1st day of mechanical, or other technological 1996 and published in the Federal October 1996. Register on August 26, 1996 (61 FR collection techniques or other forms Russell T. Kile, 43791). of information technology, e.g., The initial investigation findings Acting Program Manager, Policy and permitting electronic submission of showed that the workers produced hand Reemployment Services, Office of Trade responses. Adjustment Assistance. tools such as ratchets, pliers and ADDRESSES: Burman H. Skrable, miscellaneous wrenches. The [FR Doc. 96–26489 Filed 10–15–96; 8:45 am] Unemployment Insurance Service, Department’s denial was based on the BILLING CODE 4510±30±M Employment and Training fact that the ‘‘contributed importantly’’ Administration, U.S. Department of Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53939

Labor, Room S–4522, 200 Constitution Since that time, however, the Quality Performance Index instrument Avenue, N.W., Washington, DC 20210, Department has been urged by several to see whether this records-only review 202–219–5922 (this is not a toll-free groups to measure denied UI benefit is a workable alternative to BAM’s more number); FAX, 202–219–8506; Internet: claims’ accuracy in the States. The costly den-novo factfinding. [email protected]. groups have included organized labor, Type of Review: New. employee rights legal support groups, Agency: Employment and Training SUPPLEMENTARY INFORMATION: the Department’s Office of Inspector Administration. I. Background General, and, most recently, the Vice Title: Unemployment Insurance Since 1987, all State Employment President’s National Performance Benefit Accuracy Measurement Program Security Agencies (SESAs) except the Review. Pilot Test. Timing: May 1997–May 1998. Virgin Islands have been required by In fall 1995, after a two-year effort, a Recordkeeping: States are required to regulation at 20 CFR 602 to operate a joint workgroup of senior SESA managers and Federal staff follow their State laws regarding public Benefits Quality Control (BQC) program recommended several changes in the record retention in retaining BAM to assess the accuracy of their UI benefit way UI operational performance was records. payments. The Department’s authority measured and improved. The Affected Public: Individuals; business; is found at Sections 303(a)(1), 303(a)(6) Department has accepted most of the other for-profit/not-for-profit and 303(b)(1) of the Social Security Act. recommendations and is now institutions; farms; Federal, State, Local, The methodology of this program, implementing them under the rubric of or Tribal Governments. renamed Benefit Accuracy Measurement UI Performs. One of these is to add the Total Respondents: 9,900 (5 States/ (BAM) in 1996, requires each State draw measurement of denied claim accuracy 1,980 per State). to a weekly sample of UI payments. to the BAM program. Because of the Frequency: Weekly. Annual samples presently average time elapsed and changes in State Total Responses: 9,900 (5 States/1,980 slightly over 800 cases per State, with a environments since the first pilot, the per State). range of 480 to 1800. A specially trained Department deems it prudent to conduct Estimated Time Per Response: 1.65 staff of investigators reviews agency a new pilot to guide implementation of hours. records and contacts the claimant, this measure. Total Burden Hours: 16,320 hours. employers and third parties to verify all Total Burden Cost (capital/startup): the information pertinent to the benefit II. Current Actions $457,500. amount for the sampled week. Using the This is a request for OMB approval Total Burden Cost (operating/ verified information, the investigators [under the Paperwork Reduction Act of maintaining): $413,315. determine whether the benefit payment 1995 (44 U.S.C. 3506(c)(2)(A))] to Comments submitted in response to were proper or improper in accordance conduct a pilot test of applying the this notice will be summarized and/or with State law and policy. Any BAM sample verification methodology included in the request for OMB differences between the amount BAM to ascertain the accuracy of SESA approval of the information collection determines proper and the actual decisions that deny UI benefits. This request; they will also become a matter payment is an underpayment or will be an operational pilot test of of public record. overpayment error and is coded into an measuring denied claim accuracy, Dated: October 10, 1996. automated database, which resides on intended to identify costs and Mary Ann Wyrsch, each State’s computer. Data on error operational difficulties and develop Director, Unemployment Insurance Service. types, causes and responsibilities are workable procedures and software for a also entered into the database. This [FR Doc. 96–26493 Filed 10–15–96; 8:45 am] nationwide program. BILLING CODE 4510±30±M information is used by the State and The salient characteristics of the pilot DOL to estimate the extent of are as follows: mispayments, monitor program quality, • Five States, selected from Job Training Partnership Act: Indian guide possible future program volunteers, representing a range of and Native American Employment and improvements, inform system stake- geography, size and eligibility Training Programs; List of Allocations holders and perform various policy provisions of State law and policy. The by Grantee for Title II±B and Title IV± analyses. The program is operated under States are Nebraska, New Jersey, South A Funds Received Under the Job Office of Management and Budget Carolina, West Virginia and Wisconsin. Training Partnership Act for 1996 (OMB) approval number 1205–0245; • Separate samples of approximately approval expires September 30, 1999. 200 each will be selected from State AGENCY: Employment and Training To date, the nationwide BAM universes of monetary denials, and Administration, Department of Labor. program has only assessed the accuracy nonmonetary denials for separation and ACTION: A list of current JTPA section of decisions to pay UI benefits. In 1986– nonseparation reasons. Between the 401 grantees receiving JTPA title II–B 87, five States measured the accuracy of claimant, State staff, employers and funds, and the amounts funded under decisions denying UI benefits eligibility third parties, it is expected that title II–B for Calendar Year (CY) 1996, using the BQC methodology in a one- respondents per sampled case will can be found in Appendix No. 1. The year pilot test. average 3.3, or 1,980 per State in the same list of grantees and the amounts The test covered monetary denials one-year pilot. funded under title IV–A of JTPA for • and nonmonetary denials at the All samples will be investigated Program Year (PY) 1996 can be found in separation and nonseparation decision using the BAM procedures in which Appendix No. 2. levels. Although most pilot States records are reviewed and interested showed relatively high rates of error in parties are contacted to verify or obtain SUMMARY: Pursuant to the requirements their denial determinations, resource additional information pertinent to the at section 162(d) of the amended Act, considerations and other priorities decision. the Department hereby publishes the precluded the Department from • In addition, the two kinds of final allocation figures for JTPA section expanding the pilot effort or expanding nonmonetary denials will be 401 Indian and Native American the BQC program to include denials. independently assessed using the grantees for 1996, by title. 53940 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

INQUIRIES: Any inquiries concerning these allocations should be addressed to Mr. Thomas Dowd, Chief, Division of Indian and Native American Programs, U.S. Department of Labor, Room N– 4641 FPB, 200 Constitution Avenue, NW., Washington, DC 20210. Note: Current section 401 grantees discovering any discrepancies between the above figures and the most recent Notice of Obligation (NOO) received from the Department should immediately report such discrepancies to their DINAP Federal Representative Team or to the Grant Officer, James DeLuca. Signed at Washington, DC, this 10th day of October, 1996. Thomas M. Dowd, Chief, Division of Indian and Native American Programs. Lois A. Engel, Acting Director, Office of Special Targeted Programs. James C. DeLuca, Grant Officer, Office of Grants and Contracts Management, Division of Acquisition and Assistance.

BILLING CODE 4510±30±P Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53941 53942 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53943 53944 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53945 53946 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53947 53948 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53949 53950 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

[FR Doc. 96–26494 Filed 10–15–96; 8:45 am] BILLING CODE 4510±30±C Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53951

Labor Surplus Area Classification (48 CFR Part 20) in order to assess the in the regulations and to publish Under Executive Orders 12073 and impact of the labor surplus area program annually a list of labor surplus areas. 10582; Annual List of Labor Surplus on particular procurements. Pursuant to those regulations the Areas Under Executive Order 10582 Assistant Secretary of Labor is hereby executive agencies may reject bids or publishing the annual list of labor AGENCY: Employment and Training offers of foreign materials in favor of the surplus areas. Administration, Labor. lowest offer by a domestic supplier, Subpart B of Part 654 states that an ACTION: Notice. provided that the domestic supplier area of substantial unemployment for undertakes to produce substantially all DATE: The annual list of labor surplus purposes of Executive Order 10582 is areas is effective October 1, 1996. of the materials in areas of substantial any area classified as a labor surplus unemployment as defined by the SUMMARY: The purpose of this notice is area under Subpart A. Thus, labor Secretary of Labor. The preference given surplus areas under Executive Order to announce the annual list of labor to domestic suppliers under Executive surplus areas for Fiscal Year 1997. 12073 are also areas of substantial Order 10582 has been modified by unemployment under Executive Order FOR FURTHER INFORMATION CONTACT: Executive Order 12260. Federal 10582. Willian J. McGarrity, Labor Economist, Acquisition Regulation Part 25 (48 CFR The areas described below have been USES, Employment and Training Part 25) implements Executive Order Administration, 200 Constitution classified by the Assistant Secretary as 12260. Executive agencies should refer labor surplus areas pursuant to 20 CFR Avenue, N.W., Room N–4470, to Federal Acquisition Regulation Part Attention: TEESS, Washington, D.C. 654.5(b) (48 FR 15615 April 12, 1983) 25 in procurements involving foreign effective October 1, 1996. 20210. Telephone: 202–219–5185, ext. businesses or products in order to assess The list of labor surplus areas is 129. its impact on the particular published for the use of all Federal SUPPLEMENTARY INFORMATION: Executive procurements. Order 12073 requires executive agencies The Department of Labor regulations agencies in directing procurement to emphasize procurement set-asides in implementing Executive Orders 12073 activities and locating new plants or labor surplus areas. The Secretary of and 10582 are set forth at 20 CFR Part facilities. Labor is responsible under that Order 654, Subparts A and B. Subpart A Signed at Washington, D.C. on October 1, for classifying areas as labor surplus requires the Assistant Secretary of Labor 1996. areas. Executive agencies should refer to to classify jurisdictions as labor surplus Timothy M. Barnicle, Federal Acquisition Regulation Part 20 areas pursuant to the criteria specified Assistant Secretary.

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCE [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

ALABAMA

ANNISTON CITY ...... ANNISTON CITY IN CALHOUN COUNTY BARBOUR COUNTY ...... BARBOUR COUNTY BESSEMER CITY ...... BESSEMER CITY IN JEFFERSON COUNTY BIBB COUNTY ...... BIBB COUNTY BULLOCK COUNTY ...... BULLOCK COUNTY BUTLER COUNTY ...... BUTLER COUNTY CHAMBERS COUNTY ...... CHAMBERS COUNTY CHOCTAW COUNTY ...... CHOCTAW COUNTY CLARKE COUNTY ...... CLARKE COUNTY COLBERT COUNTY ...... COLBERT COUNTY CONECUH COUNTY ...... CONECUH COUNTY BALANCE OF DALE COUNTY ...... DALE COUNTY LESS DOTHAN CITY DALLAS COUNTY ...... DALLAS COUNTY ESCAMBIA COUNTY ...... ESCAMBIA COUNTY FLORENCE CITY ...... FLORENCE CITY IN LAUDERDALE COUNTY FRANKLIN COUNTY ...... FRANKLIN COUNTY GADSDEN CITY ...... GADSDEN CITY IN ETOWAH COUNTY GREENE COUNTY ...... GREENE COUNTY HALE COUNTY ...... HALE COUNTY HENRY COUNTY ...... HENRY COUNTY JACKSON COUNTY ...... JACKSON COUNTY LAWRENCE COUNTY ...... LAWRENCE COUNTY LOWNDES COUNTY ...... LOWNDES COUNTY MACON COUNTY ...... MACON COUNTY MARENGO COUNTY ...... MARENGO COUNTY MARSHALL COUNTY ...... MARSHALL COUNTY MOBILE CITY ...... MOBILE CITY IN MOBILE COUNTY MONROE COUNTY ...... MONROE COUNTY PERRY COUNTY ...... PERRY COUNTY 53952 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

PICKENS COUNTY ...... PICKENS COUNTY PRICHARD CITY ...... PRICHARD CITY IN MOBILE COUNTY RANDOLPH COUNTY ...... RANDOLPH COUNTY SUMTER COUNTY ...... SUMTER COUNTY TALLADEGA COUNTY ...... TALLADEGA COUNTY WALKER COUNTY ...... WALKER COUNTY WASHINGTON COUNTY ...... WASHINGTON COUNTY WILCOX COUNTY ...... WILCOX COUNTY

ALASKA

BETHEL CENSUS AREA ...... BETHEL CENSUS AREA DENALI BOROUGH ...... DENALI BOROUGH DILLINGHAM CENSUS AREA ...... DILLINGHAM CENSUS AREA FAIRBANKS CITY ...... FAIRBANKS CITY IN FAIRBANKS NORTH STAR BOROUGH BALANCE OF FAIRBANKS NORTH STAR BOROUGH ...... FAIRBANKS NORTH STAR BOROUGH LESS FAIRBANKS CITY HAINES BOROUGH ...... HAINES BOROUGH KENAI PENINSULA BOROUGH ...... KENAI PENINSULA BOROUGH KETCHIKAN GATEWAY BOROUGH ...... KETCHIKAN GATEWAY BOROUGH KODIAK ISLAND BOROUGH ...... KODIAK ISLAND BOROUGH MATANUSKA-SUSITNA BOROUGH ...... MATANUSKA-SUSITNA BOROUGH NOME CENSUS AREA ...... NOME CENSUS AREA NORTHWEST ARCTIC BOROUGH ...... NORTHWEST ARCTIC BOROUGH PRINCE OF WALES OUTER KETCHIKAN ...... PRINCE OF WALES OUTER KETCHIKAN SITKA BOROUGH ...... SITKA BOROUGH SKAGWAY-HOONAH-ANGOON CEN AREA ...... SKAGWAY-HOONAH-ANGOON CEN AREA SOUTHEAST FAIRBANKS CENSUS AREA ...... SOUTHEAST FAIRBANKS CENSUS AREA VALDEZ CORDOVA CENSUS AREA ...... VALDEZ CORDOVA CENSUS AREA WADE HAMPTON CENSUS AREA ...... WADE HAMPTON CENSUS AREA WRANGELL-PETERSBURG CENSUS AREA ...... WRANGELL-PETERSBURG CENSUS AREA YAKUTAT BOROUGH ...... YAKUTAT BOROUGH YUKON-KOYUKUK CENSUS AREA ...... YUKON-KOYUKUK CENSUS AREA

ARIZONA

APACHE COUNTY ...... APACHE COUNTY BULLHEAD CITY ...... BULLHEAD CITY IN MOHAVE COUNTY BALANCE OF COCHISE COUNTY ...... COCHISE COUNTY LESS SIERRA VISTA CITY BALANCE OF COCONINO COUNTY ...... COCONINO COUNTY LESS FLAGSTAFF CITY GILA COUNTY ...... GILA COUNTY GRAHAM COUNTY ...... GRAHAM COUNTY GREENLEE COUNTY ...... GREENLEE COUNTY LA PAZ COUNTY ...... LA PAZ COUNTY BALANCE OF MOHAVE COUNTY ...... MOHAVE COUNTY LESS BULLHEAD CITY LAKE HAVASU CITY NAVAJO COUNTY ...... NAVAJO COUNTY SANTA CRUZ COUNTY ...... SANTA CRUZ COUNTY SIERRA VISTA CITY ...... SIERRA VISTA CITY IN COCHISE COUNTY YUMA CITY ...... YUMA CITY IN YUMA COUNTY BALANCE OF YUMA COUNTY ...... YUMA COUNTY LESS YUMA CITY

ARKANSAS

BRADLEY COUNTY ...... BRADLEY COUNTY CALHOUN COUNTY ...... CALHOUN COUNTY CHICOT COUNTY ...... CHICOT COUNTY DALLAS COUNTY ...... DALLAS COUNTY DESHA COUNTY ...... DESHA COUNTY HEMPSTEAD COUNTY ...... HEMPSTEAD COUNTY JACKSON COUNTY ...... JACKSON COUNTY LAFAYETTE COUNTY ...... LAFAYETTE COUNTY Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53953

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

LEE COUNTY ...... LEE COUNTY LITTLE RIVER COUNTY ...... LITTLE RIVER COUNTY MILLER COUNTY ...... MILLER COUNTY MISSISSIPPI COUNTY ...... MISSISSIPPI COUNTY OUACHITA COUNTY ...... OUACHITA COUNTY PERRY COUNTY ...... PERRY COUNTY PHILLIPS COUNTY ...... PHILLIPS COUNTY PINE BLUFF CITY ...... PINE BLUFF CITY IN JEFFERSON COUNTY ST. FRANCIS COUNTY ...... ST. FRANCIS COUNTY VAN BUREN COUNTY ...... VAN BUREN COUNTY WOODRUFF COUNTY ...... WOODRUFF COUNTY

CALIFORNIA

ALHAMBRA CITY ...... ALHAMBRA CITY IN LOS ANGELES COUNTY ALPINE COUNTY ...... ALPINE COUNTY AMADOR COUNTY ...... AMADOR COUNTY ANTIOCH CITY ...... ANTIOCH CITY IN CONTRA COSTA COUNTY APPLE VALLEY CITY ...... APPLE VALLEY CITY IN SAN BERNARDINO COUNTY AZUSA CITY ...... AZUSA CITY IN LOS ANGELES COUNTY BAKERSFIELD CITY ...... BAKERSFIELD CITY IN KERN COUNTY BALDWIN PARK CITY ...... BALDWIN PARK CITY IN LOS ANGELES COUNTY BELL CITY ...... BELL CITY IN LOS ANGELES COUNTY BELL GARDENS CITY ...... BELL GARDENS CITY IN LOS ANGELES COUNTY BALANCE OF BUTTE COUNTY ...... BUTTE COUNTY LESS CHICO CITY PARADISE CITY CALAVERAS COUNTY ...... CALAVERAS COUNTY CARSON CITY ...... CARSON CITY IN LOS ANGELES COUNTY CATHEDRAL CITY ...... CATHEDRAL CITY IN RIVERSIDE COUNTY CERES CITY ...... CERES CITY IN STANISLAUS COUNTY CHICO CITY ...... CHICO CITY IN BUTTE COUNTY CHULA VISTA CITY ...... CHULA VISTA CITY IN SAN DIEGO COUNTY CLOVIS CITY ...... CLOVIS CITY IN FRESNO COUNTY COLTON CITY ...... COLTON CITY IN SAN BERNARDINO COUNTY COLUSA COUNTY ...... COLUSA COUNTY COMPTON CITY ...... COMPTON CITY IN LOS ANGELES COUNTY CORONA CITY ...... CORONA CITY IN RIVERSIDE COUNTY DEL NORTE COUNTY ...... DEL NORTE COUNTY DELANO CITY ...... DELANO CITY IN KERN COUNTY EAST PALO ALTO CITY ...... EAST PALO ALTO CITY IN SAN MATEO COUNTY EL CAJON CITY ...... EL CAJON CITY IN SAN DIEGO COUNTY EL CENTRO CITY ...... EL CENTRO CITY IN IMPERIAL COUNTY EL MONTE CITY ...... EL MONTE CITY IN LOS ANGELES COUNTY EUREKA CITY ...... EUREKA CITY IN HUMBOLDT COUNTY FAIRFIELD CITY ...... FAIRFIELD CITY IN SOLANO COUNTY 53954 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

FONTANA CITY ...... FONTANA CITY IN SAN BERNARDINO COUNTY FRESNO CITY ...... FRESNO CITY IN FRESNO COUNTY BALANCE OF FRESNO COUNTY ...... FRESNO COUNTY LESS CLOVIS CITY FRESNO CITY GILROY CITY ...... GILROY CITY IN SANTA CLARA COUNTY GLENDALE CITY ...... GLENDALE CITY IN LOS ANGELES COUNTY GLENN COUNTY ...... GLENN COUNTY HANFORD CITY ...... HANFORD CITY IN KINGS COUNTY HAWTHORNE CITY ...... HAWTHORNE CITY IN LOS ANGELES COUNTY HEMET CITY ...... HEMET CITY IN RIVERSIDE COUNTY HESPERIA CITY ...... HESPERIA CITY IN SAN BERNARDINO COUNTY HIGHLAND CITY ...... HIGHLAND CITY IN SAN BERNARDINO COUNTY BALANCE OF HUMBOLDT COUNTY ...... HUMBOLDT COUNTY LESS EUREKA CITY HUNTINGTON PARK CITY ...... HUNTINGTON PARK CITY IN LOS ANGELES COUNTY IMPERIAL BEACH CITY ...... IMPERIAL BEACH CITY IN SAN DIEGO COUNTY BALANCE OF IMPERIAL COUNTY ...... IMPERIAL COUNTY LESS EL CENTRO CITY INDIO CITY ...... INDIO CITY IN RIVERSIDE COUNTY INGLEWOOD CITY ...... INGLEWOOD CITY IN LOS ANGELES COUNTY INYO COUNTY ...... INYO COUNTY BALANCE OF KERN COUNTY ...... KERN COUNTY LESS BAKERSFIELD CITY DELANO CITY RIDGECREST CITY BALANCE OF KINGS COUNTY ...... KINGS COUNTY LESS HANFORD CITY LA PUENTE CITY ...... LA PUENTE CITY IN LOS ANGELES COUNTY LAKE COUNTY ...... LAKE COUNTY LANCASTER CITY ...... LANCASTER CITY IN LOS ANGELES COUNTY LASSEN COUNTY ...... LASSEN COUNTY LAWNDALE CITY ...... LAWNDALE CITY IN LOS ANGELES COUNTY LEMON GROVE CITY ...... LEMON GROVE CITY IN SAN DIEGO COUNTY LODI CITY ...... LODI CITY IN SAN JOAQUIN COUNTY LOMPOC CITY ...... LOMPOC CITY IN SANTA BARBARA COUNTY LONG BEACH CITY ...... LONG BEACH CITY IN LOS ANGELES COUNTY LOS ANGELES CITY ...... LOS ANGELES CITY IN LOS ANGELES COUNTY BALANCE OF LOS ANGELES COUNTY ...... LOS ANGELES COUNTY LESS AGOURA HILLS CITY ALHAMBRA CITY ARCADIA CITY AZUSA CITY BALDWIN PARK CITY BELL CITY BELL GARDENS CITY BELLFLOWER CITY BEVERLY HILLS CITY BURBANK CITY CARSON CITY Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53955

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

CERRITOS CITY CLAREMONT CITY COMPTON CITY COVINA CITY CULVER CITY DIAMOND BAR CITY DOWNEY CITY EL MONTE CITY GARDENA CITY GLENDALE CITY GLENDORA CITY HAWTHORNE CITY HUNTINGTON PARK CITY INGLEWOOD CITY LA MIRADA CITY LA PUENTE CITY LA VERNE CITY LAKEWOOD CITY LANCASTER CITY LAWNDALE CITY LONG BEACH CITY LOS ANGELES CITY LYNWOOD CITY MANHATTAN BEACH CITY MAYWOOD CITY MONROVIA CITY MONTEBELLO CITY MONTEREY PARK CITY NORWALK CITY PALMDALE CITY PARAMOUNT CITY PASADENA CITY PICO RIVERA CITY POMONA CITY RANCHO PALOS VERDES CITY REDONDO BEACH CITY ROSEMEAD CITY SAN DIMAS CITY SAN GABRIEL CITY SANTA CLARITA CITY SANTA MONICA CITY SOUTH GATE CITY TEMPLE CITY TORRANCE CITY WALNUT CITY WEST COVINA CITY WEST HOLLYWOOD CITY WHITTIER CITY LYNWOOD CITY ...... LYNWOOD CITY IN LOS ANGELES COUNTY MADERA CITY ...... MADERA CITY IN MADERA COUNTY BALANCE OF MADERA COUNTY ...... MADERA COUNTY LESS MADERA CITY MANTECA CITY ...... MANTECA CITY IN SAN JOAQUIN COUNTY MARINA CITY ...... MARINA CITY IN MONTEREY COUNTY MARIPOSA COUNTY ...... MARIPOSA COUNTY MAYWOOD CITY ...... MAYWOOD CITY IN LOS ANGELES COUNTY MENDOCINO COUNTY ...... MENDOCINO COUNTY MERCED CITY ...... MERCED CITY IN MERCED COUNTY BALANCE OF MERCED COUNTY ...... MERCED COUNTY LESS MERCED CITY MODESTO CITY ...... MODESTO CITY IN STANISLAUS COUNTY MODOC COUNTY ...... MODOC COUNTY MONO COUNTY ...... MONO COUNTY MONROVIA CITY ...... MONROVIA CITY IN 53956 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

LOS ANGELES COUNTY MONTCLAIR CITY ...... MONTCLAIR CITY IN SAN BERNARDINO COUNTY MONTEBELLO CITY ...... MONTEBELLO CITY IN LOS ANGELES COUNTY BALANCE OF MONTEREY COUNTY ...... MONTEREY COUNTY LESS MARINA CITY MONTEREY CITY SALINAS CITY SEASIDE CITY MONTEREY PARK CITY ...... MONTEREY PARK CITY IN LOS ANGELES COUNTY MORENO VALLEY CITY ...... MORENO VALLEY CITY IN RIVERSIDE COUNTY MURRIETA CITY ...... MURRIETA CITY IN RIVERSIDE COUNTY NAPA CITY ...... NAPA CITY IN NAPA COUNTY NATIONAL CITY ...... NATIONAL CITY IN SAN DIEGO COUNTY NEVADA COUNTY ...... NEVADA COUNTY NORCO CITY ...... NORCO CITY IN RIVERSIDE COUNTY NORWALK CITY ...... NORWALK CITY IN LOS ANGELES COUNTY OAKLAND CITY ...... OAKLAND CITY IN ALAMEDA COUNTY OCEANSIDE CITY ...... OCEANSIDE CITY IN SAN DIEGO COUNTY ONTARIO CITY ...... ONTARIO CITY IN SAN BERNARDINO COUNTY OXNARD CITY ...... OXNARD CITY IN VENTURA COUNTY PALM SPRINGS CITY ...... PALM SPRINGS CITY IN RIVERSIDE COUNTY PALMDALE CITY ...... PALMDALE CITY IN LOS ANGELES COUNTY PARADISE CITY ...... PARADISE CITY IN BUTTE COUNTY PARAMOUNT CITY ...... PARAMOUNT CITY IN LOS ANGELES COUNTY PASADENA CITY ...... PASADENA CITY IN LOS ANGELES COUNTY PERRIS CITY ...... PERRIS CITY IN RIVERSIDE COUNTY PICO RIVERA CITY ...... PICO RIVERA CITY IN LOS ANGELES COUNTY PITTSBURG CITY ...... PITTSBURG CITY IN CONTRA COSTA COUNTY PLUMAS COUNTY ...... PLUMAS COUNTY POMONA CITY ...... POMONA CITY IN LOS ANGELES COUNTY PORTERVILLE CITY ...... PORTERVILLE CITY IN TULARE COUNTY REDDING CITY ...... REDDING CITY IN SHASTA COUNTY RIALTO CITY ...... RIALTO CITY IN SAN BERNARDINO COUNTY RICHMOND CITY ...... RICHMOND CITY IN CONTRA COSTA COUNTY RIDGECREST CITY ...... RIDGECREST CITY IN KERN COUNTY RIVERSIDE CITY ...... RIVERSIDE CITY IN RIVERSIDE COUNTY BALANCE OF RIVERSIDE COUNTY ...... RIVERSIDE COUNTY LESS CATHEDRAL CITY CORONA CITY HEMET CITY INDIO CITY MORENO VALLEY CITY MURRIETA CITY Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53957

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

NORCO CITY PALM DESERT CITY PALM SPRINGS CITY PERRIS CITY RIVERSIDE CITY TEMECULA CITY ROSEMEAD CITY ...... ROSEMEAD CITY IN LOS ANGELES COUNTY SACRAMENTO CITY ...... SACRAMENTO CITY IN SACRAMENTO COUNTY SALINAS CITY ...... SALINAS CITY IN MONTEREY COUNTY SAN BENITO COUNTY ...... SAN BENITO COUNTY SAN BERNARDINO CITY ...... SAN BERNARDINO CITY IN SAN BERNARDINO COUNTY BALANCE OF SAN BERNARDINO COUNTY ...... SAN BERNARDINO COUNTY LESS APPLE VALLEY CITY CHINO CITY COLTON CITY FONTANA CITY HESPERIA CITY HIGHLAND CITY MONTCLAIR CITY ONTARIO CITY RANCHO CUCAMONGA CITY REDLANDS CITY RIALTO CITY SAN BERNARDINO CITY UPLAND CITY VICTORVILLE CITY YUCAIPA CITY SAN GABRIEL CITY ...... SAN GABRIEL CITY IN LOS ANGELES COUNTY BALANCE OF SAN JOAQUIN COUNTY ...... SAN JOAQUIN COUNTY LESS LODI CITY MANTECA CITY STOCKTON CITY TRACEY CITY SAN LUIS OBISPO CITY ...... SAN LUIS OBISPO CITY IN SAN LUIS OBISPO COUNTY SAN PABLO CITY ...... SAN PABLO CITY IN CONTRA COSTA COUNTY SANTA ANA CITY ...... SANTA ANA CITY IN ORANGE COUNTY SANTA CRUZ CITY ...... SANTA CRUZ CITY IN SANTA CRUZ COUNTY BALANCE OF SANTA CRUZ COUNTY ...... SANTA CRUZ COUNTY LESS SANTA CRUZ CITY WATSONVILLE CITY SANTA MARIA CITY ...... SANTA MARIA CITY IN SANTA BARBARA COUNTY SANTA PAULA CITY ...... SANTA PAULA CITY IN VENTURA COUNTY SEASIDE CITY ...... SEASIDE CITY IN MONTEREY COUNTY BALANCE OF SHASTA COUNTY ...... SHASTA COUNTY LESS REDDING CITY SIERRA COUNTY ...... SIERRA COUNTY SISKIYOU COUNTY ...... SISKIYOU COUNTY BALANCE OF SOLANO COUNTY ...... SOLANO COUNTY LESS BENICIA CITY FAIRFIELD CITY SUISON CITY VACAVILLE CITY VALLEJO CITY SOUTH GATE CITY ...... SOUTH GATE CITY IN LOS ANGELES COUNTY BALANCE OF STANISLAUS COUNTY ...... STANISLAUS COUNTY LESS CERES CITY MODESTO CITY TURLOCK CITY 53958 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

STANTON CITY ...... STANTON CITY IN ORANGE COUNTY STOCKTON CITY ...... STOCKTON CITY IN SAN JOAQUIN COUNTY SUISON CITY ...... SUISON CITY IN SOLANO COUNTY BALANCE OF SUTTER COUNTY ...... SUTTER COUNTY LESS YUBA CITY TEHAMA COUNTY ...... TEHAMA COUNTY TRACEY CITY ...... TRACEY CITY IN SAN JOAQUIN COUNTY TRINITY COUNTY ...... TRINITY COUNTY TULARE CITY ...... TULARE CITY IN TULARE COUNTY BALANCE OF TULARE COUNTY ...... TULARE COUNTY LESS PORTERVILLE CITY TULARE CITY VISALIA CITY TUOLUMNE COUNTY ...... TUOLUMNE COUNTY TURLOCK CITY ...... TURLOCK CITY IN STANISLAUS COUNTY VALLEJO CITY ...... VALLEJO CITY IN SOLANO COUNTY BALANCE OF VENTURA COUNTY ...... VENTURA COUNTY LESS CAMARILLO CITY MOORPARK CITY OXNARD CITY SANTA PAULA CITY SIMI VALLEY CITY THOUSAND OAKS CITY VENTURA CITY VICTORVILLE CITY ...... VICTORVILLE CITY IN SAN BERNARDINO COUNTY VISALIA CITY ...... VISALIA CITY IN TULARE COUNTY VISTA CITY ...... VISTA CITY IN SAN DIEGO COUNTY WATSONVILLE CITY ...... WATSONVILLE CITY IN SANTA CRUZ COUNTY WEST HOLLYWOOD CITY ...... WEST HOLLYWOOD CITY IN LOS ANGELES COUNTY WEST SACRAMENTO CITY ...... WEST SACRAMENTO CITY IN YOLO COUNTY WOODLAND CITY ...... WOODLAND CITY IN YOLO COUNTY BALANCE OF YOLO COUNTY ...... YOLO COUNTY LESS DAVIS CITY WEST SACRAMENTO CITY WOODLAND CITY YUBA CITY ...... YUBA CITY IN SUTTER COUNTY YUBA COUNTY ...... YUBA COUNTY

COLORADO

CONEJOS COUNTY ...... CONEJOS COUNTY COSTILLA COUNTY ...... COSTILLA COUNTY DOLORES COUNTY ...... DOLORES COUNTY JACKSON COUNTY ...... JACKSON COUNTY MINERAL COUNTY ...... MINERAL COUNTY RIO GRANDE COUNTY ...... RIO GRANDE COUNTY SAGUACHE COUNTY ...... SAGUACHE COUNTY SAN JUAN COUNTY ...... SAN JUAN COUNTY

CONNECTICUT

ANSONIA TOWN ...... ANSONIA TOWN BRIDGEPORT CITY ...... BRIDGEPORT CITY EAST HARTFORD CITY ...... EAST HARTFORD CITY HARTFORD CITY ...... HARTFORD CITY KILLINGLY TOWN ...... KILLINGLY TOWN Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53959

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

MERIDEN CITY ...... MERIDEN CITY NEW BRITAIN CITY ...... NEW BRITAIN CITY NEW LONDON CITY ...... NEW LONDON CITY PLAINFIELD TOWN ...... PLAINFIELD TOWN PUTNAM TOWN ...... PUTNAM TOWN STERLING TOWN ...... STERLING TOWN VOLUNTOWN TOWN ...... VOLUNTOWN TOWN WATERBURY CITY ...... WATERBURY CITY WINCHESTER TOWN ...... WINCHESTER TOWN WINDHAM TOWN ...... WINDHAM TOWN

DISTRICT OF COLUMBIA

WASHINGTON DC CITY ...... WASHINGTON DC CITY IN DISTRICT OF COLUMBIA

FLORIDA

BOYNTON BEACH CITY ...... BOYNTON BEACH CITY IN PALM BEACH COUNTY CITRUS COUNTY ...... CITRUS COUNTY COCONUT CREEK CITY ...... COCONUT CREEK CITY IN BROWARD COUNTY COLLIER COUNTY ...... COLLIER COUNTY DAYTONA BEACH CITY ...... DAYTONA BEACH CITY IN VOLUSIA COUNTY DE SOTO COUNTY ...... DE SOTO COUNTY DELRAY BEACH CITY ...... DELRAY BEACH CITY IN PALM BEACH COUNTY DIXIE COUNTY ...... DIXIE COUNTY FORT PIERCE CITY ...... FORT PIERCE CITY IN ST. LUCIE COUNTY FT LAUDERDALE CITY ...... FT LAUDERDALE CITY IN BROWARD COUNTY GLADES COUNTY ...... GLADES COUNTY GREENACRES CITY ...... GREENACRES CITY IN PALM BEACH COUNTY HALLANDALE CITY ...... HALLANDALE CITY IN BROWARD COUNTY HAMILTON COUNTY ...... HAMILTON COUNTY HARDEE COUNTY ...... HARDEE COUNTY HENDRY COUNTY ...... HENDRY COUNTY HIALEAH CITY ...... HIALEAH CITY IN DADE COUNTY HIGHLANDS COUNTY ...... HIGHLANDS COUNTY HOMESTEAD CITY ...... HOMESTEAD CITY IN DADE COUNTY INDIAN RIVER COUNTY ...... INDIAN RIVER COUNTY LAKE WORTH CITY ...... LAKE WORTH CITY IN PALM BEACH COUNTY LAKELAND CITY ...... LAKELAND CITY IN POLK COUNTY LAUDERDALE LAKES CITY ...... LAUDERDALE LAKES CITY IN BROWARD COUNTY MARTIN COUNTY ...... MARTIN COUNTY MELBOURNE CITY ...... MELBOURNE CITY IN BREVARD COUNTY MIAMI BEACH CITY ...... MIAMI BEACH CITY IN DADE COUNTY MIAMI CITY ...... MIAMI CITY IN DADE COUNTY NORTH MIAMI CITY ...... NORTH MIAMI CITY IN DADE COUNTY OKEECHOBEE COUNTY ...... OKEECHOBEE COUNTY PALM BAY CITY ...... PALM BAY CITY IN BREVARD COUNTY BALANCE OF PALM BEACH COUNTY ...... PALM BEACH COUNTY LESS BOCA RATON CITY BOYNTON BEACH CITY DELRAY BEACH CITY GREENACRES CITY 53960 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

JUPITER CITY LAKE WORTH CITY PALM BEACH GARDENS CITY RIVIERA BEACH CITY WEST PALM BEACH CITY PANAMA CITY ...... PANAMA CITY IN BAY COUNTY BALANCE OF POLK COUNTY ...... POLK COUNTY LESS LAKELAND CITY POMPANO BEACH CITY ...... POMPANO BEACH CITY IN BROWARD COUNTY PORT ST. LUCIE CITY ...... PORT ST. LUCIE CITY IN ST. LUCIE COUNTY RIVIERA BEACH CITY ...... RIVIERA BEACH CITY IN PALM BEACH COUNTY BALANCE OF ST. LUCIE COUNTY ...... ST. LUCIE COUNTY LESS FORT PIERCE CITY PORT ST. LUCIE CITY TAYLOR COUNTY ...... TAYLOR COUNTY WEST PALM BEACH CITY ...... WEST PALM BEACH CITY IN PALM BEACH COUNTY

GEORGIA

ALBANY CITY ...... ALBANY CITY IN DOUGHERTY COUNTY APPLING COUNTY ...... APPLING COUNTY ATLANTA CITY ...... ATLANTA CITY IN DE KALB COUNTY FULTON COUNTY AUGUSTA CITY ...... AUGUSTA CITY IN RICHMOND COUNTY BAKER COUNTY ...... BAKER COUNTY BRANTLEY COUNTY ...... BRANTLEY COUNTY BURKE COUNTY ...... BURKE COUNTY CALHOUN COUNTY ...... CALHOUN COUNTY CHATTAHOOCHEE COUNTY ...... CHATTAHOOCHEE COUNTY DECATUR COUNTY ...... DECATUR COUNTY DOOLY COUNTY ...... DOOLY COUNTY EARLY COUNTY ...... EARLY COUNTY ELBERT COUNTY ...... ELBERT COUNTY EMANUEL COUNTY ...... EMANUEL COUNTY EVANS COUNTY ...... EVANS COUNTY GREENE COUNTY ...... GREENE COUNTY HART COUNTY ...... HART COUNTY HINESVILLE CITY ...... HINESVILLE CITY IN LIBERTY COUNTY JEFFERSON COUNTY ...... JEFFERSON COUNTY JOHNSON COUNTY ...... JOHNSON COUNTY LA GRANGE CITY ...... LA GRANGE CITY IN TROUP COUNTY BALANCE OF LIBERTY COUNTY ...... LIBERTY COUNTY LESS HINESVILLE CITY LINCOLN COUNTY ...... LINCOLN COUNTY MACON CITY ...... MACON CITY IN BIBB COUNTY JONES COUNTY MACON COUNTY ...... MACON COUNTY MERIWETHER COUNTY ...... MERIWETHER COUNTY MONTGOMERY COUNTY ...... MONTGOMERY COUNTY PEACH COUNTY ...... PEACH COUNTY POLK COUNTY ...... POLK COUNTY QUITMAN COUNTY ...... QUITMAN COUNTY RANDOLPH COUNTY ...... RANDOLPH COUNTY SCREVEN COUNTY ...... SCREVEN COUNTY TALBOT COUNTY ...... TALBOT COUNTY TAYLOR COUNTY ...... TAYLOR COUNTY TELFAIR COUNTY ...... TELFAIR COUNTY TERRELL COUNTY ...... TERRELL COUNTY TOOMBS COUNTY ...... TOOMBS COUNTY TREUTLEN COUNTY ...... TREUTLEN COUNTY Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53961

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

WARREN COUNTY ...... WARREN COUNTY WAYNE COUNTY ...... WAYNE COUNTY WHEELER COUNTY ...... WHEELER COUNTY

HAWAII

HAWAII COUNTY ...... HAWAII COUNTY KAUAI COUNTY ...... KAUAI COUNTY MAUI COUNTY ...... MAUI COUNTY

IDAHO

ADAMS COUNTY ...... ADAMS COUNTY BENEWAH COUNTY ...... BENEWAH COUNTY BONNER COUNTY ...... BONNER COUNTY BOUNDARY COUNTY ...... BOUNDARY COUNTY CARIBOU COUNTY ...... CARIBOU COUNTY CASSIA COUNTY ...... CASSIA COUNTY CLEARWATER COUNTY ...... CLEARWATER COUNTY CUSTER COUNTY ...... CUSTER COUNTY FREMONT COUNTY ...... FREMONT COUNTY GEM COUNTY ...... GEM COUNTY IDAHO COUNTY ...... IDAHO COUNTY BALANCE OF KOOTENAI COUNTY ...... KOOTENAI COUNTY LESS COEUR D ALENE CITY LEMHI COUNTY ...... LEMHI COUNTY MINIDOKA COUNTY ...... MINIDOKA COUNTY SHOSHONE COUNTY ...... SHOSHONE COUNTY VALLEY COUNTY ...... VALLEY COUNTY WASHINGTON COUNTY ...... WASHINGTON COUNTY

ILLINOIS

ALEXANDER COUNTY ...... ALEXANDER COUNTY ALTON CITY ...... ALTON CITY IN MADISON COUNTY BELLEVILLE CITY ...... BELLEVILLE CITY IN ST. CLAIR COUNTY CARPENTERSVILLE CITY ...... CARPENTERSVILLE CITY IN KANE COUNTY CICERO CITY ...... CICERO CITY IN COOK COUNTY CRAWFORD COUNTY ...... CRAWFORD COUNTY DANVILLE CITY ...... DANVILLE CITY IN VERMILION COUNTY DECATUR CITY ...... DECATUR CITY IN MACON COUNTY EAST ST. LOUIS CITY ...... EAST ST. LOUIS CITY IN ST. CLAIR COUNTY FRANKLIN COUNTY ...... FRANKLIN COUNTY FREEPORT CITY ...... FREEPORT CITY IN STEPHENSON COUNTY FULTON COUNTY ...... FULTON COUNTY GALLATIN COUNTY ...... GALLATIN COUNTY GRANITE CITY ...... GRANITE CITY IN MADISON COUNTY GRUNDY COUNTY ...... GRUNDY COUNTY HAMILTON COUNTY ...... HAMILTON COUNTY HARDIN COUNTY ...... HARDIN COUNTY HARVEY CITY ...... HARVEY CITY IN COOK COUNTY JEFFERSON COUNTY ...... JEFFERSON COUNTY JOHNSON COUNTY ...... JOHNSON COUNTY JOLIET CITY ...... JOLIET CITY IN WILL COUNTY KANKAKEE CITY ...... KANKAKEE CITY IN KANKAKEE COUNTY LA SALLE COUNTY ...... LA SALLE COUNTY LAWRENCE COUNTY ...... LAWRENCE COUNTY MARION COUNTY ...... MARION COUNTY MASON COUNTY ...... MASON COUNTY 53962 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

MAYWOOD VILLAGE ...... MAYWOOD VILLAGE IN COOK COUNTY MONTGOMERY COUNTY ...... MONTGOMERY COUNTY NORTH CHICAGO CITY ...... NORTH CHICAGO CITY IN LAKE COUNTY PERRY COUNTY ...... PERRY COUNTY POPE COUNTY ...... POPE COUNTY PULASKI COUNTY ...... PULASKI COUNTY RANDOLPH COUNTY ...... RANDOLPH COUNTY SALINE COUNTY ...... SALINE COUNTY UNION COUNTY ...... UNION COUNTY WABASH COUNTY ...... WABASH COUNTY WAUKEGAN CITY ...... WAUKEGAN CITY IN LAKE COUNTY WHITE COUNTY ...... WHITE COUNTY WILLIAMSON COUNTY ...... WILLIAMSON COUNTY

INDIANA

CASS COUNTY ...... CASS COUNTY CRAWFORD COUNTY ...... CRAWFORD COUNTY EAST CHICAGO CITY ...... EAST CHICAGO CITY IN LAKE COUNTY FAYETTE COUNTY ...... FAYETTE COUNTY GARY CITY ...... GARY CITY IN LAKE COUNTY GREENE COUNTY ...... GREENE COUNTY HAMMOND CITY ...... HAMMOND CITY IN LAKE COUNTY MARION CITY ...... MARION CITY IN GRANT COUNTY MICHIGAN CITY ...... MICHIGAN CITY IN LA PORTE COUNTY ORANGE COUNTY ...... ORANGE COUNTY PERRY COUNTY ...... PERRY COUNTY RANDOLPH COUNTY ...... RANDOLPH COUNTY RICHMOND CITY ...... RICHMOND CITY IN WAYNE COUNTY SULLIVAN COUNTY ...... SULLIVAN COUNTY TERRE HAUTE CITY ...... TERRE HAUTE CITY IN VIGO COUNTY VERMILLION COUNTY ...... VERMILLION COUNTY

IOWA

FLOYD COUNTY ...... FLOYD COUNTY

KANSAS

ATCHISON COUNTY ...... ATCHISON COUNTY CHEROKEE COUNTY ...... CHEROKEE COUNTY DONIPHAN COUNTY ...... DONIPHAN COUNTY GEARY COUNTY ...... GEARY COUNTY KANSAS CITY ...... KANSAS CITY IN WYANDOTTE COUNTY LABETTE COUNTY ...... LABETTE COUNTY LINN COUNTY ...... LINN COUNTY OSAGE COUNTY ...... OSAGE COUNTY WOODSON COUNTY ...... WOODSON COUNTY

KENTUCKY

BALLARD COUNTY ...... BALLARD COUNTY BATH COUNTY ...... BATH COUNTY BELL COUNTY ...... BELL COUNTY BOYD COUNTY ...... BOYD COUNTY BREATHITT COUNTY ...... BREATHITT COUNTY CARTER COUNTY ...... CARTER COUNTY CLAY COUNTY ...... CLAY COUNTY CLINTON COUNTY ...... CLINTON COUNTY CUMBERLAND COUNTY ...... CUMBERLAND COUNTY Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53963

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

EDMONSON COUNTY ...... EDMONSON COUNTY ELLIOTT COUNTY ...... ELLIOTT COUNTY ESTILL COUNTY ...... ESTILL COUNTY FLOYD COUNTY ...... FLOYD COUNTY GRAVES COUNTY ...... GRAVES COUNTY GREENUP COUNTY ...... GREENUP COUNTY HANCOCK COUNTY ...... HANCOCK COUNTY HARLAN COUNTY ...... HARLAN COUNTY JACKSON COUNTY ...... JACKSON COUNTY JOHNSON COUNTY ...... JOHNSON COUNTY KNOTT COUNTY ...... KNOTT COUNTY KNOX COUNTY ...... KNOX COUNTY LAWRENCE COUNTY ...... LAWRENCE COUNTY LEE COUNTY ...... LEE COUNTY LESLIE COUNTY ...... LESLIE COUNTY LETCHER COUNTY ...... LETCHER COUNTY LEWIS COUNTY ...... LEWIS COUNTY MAGOFFIN COUNTY ...... MAGOFFIN COUNTY MARION COUNTY ...... MARION COUNTY MARTIN COUNTY ...... MARTIN COUNTY MC CREARY COUNTY ...... MC CREARY COUNTY MC LEAN COUNTY ...... MC LEAN COUNTY MENIFEE COUNTY ...... MENIFEE COUNTY MONTGOMERY COUNTY ...... MONTGOMERY COUNTY MORGAN COUNTY ...... MORGAN COUNTY MUHLENBERG COUNTY ...... MUHLENBERG COUNTY NICHOLAS COUNTY ...... NICHOLAS COUNTY OHIO COUNTY ...... OHIO COUNTY PERRY COUNTY ...... PERRY COUNTY PIKE COUNTY ...... PIKE COUNTY POWELL COUNTY ...... POWELL COUNTY ROCKCASTLE COUNTY ...... ROCKCASTLE COUNTY RUSSELL COUNTY ...... RUSSELL COUNTY WEBSTER COUNTY ...... WEBSTER COUNTY WHITLEY COUNTY ...... WHITLEY COUNTY WOLFE COUNTY ...... WOLFE COUNTY

LOUISIANA

ACADIA PARISH ...... ACADIA PARISH ALEXANDRIA CITY ...... ALEXANDRIA CITY IN RAPIDES PARISH ALLEN PARISH ...... ALLEN PARISH ASCENSION PARISH ...... ASCENSION PARISH ASSUMPTION PARISH ...... ASSUMPTION PARISH AVOYELLES PARISH ...... AVOYELLES PARISH BEAUREGARD PARISH ...... BEAUREGARD PARISH BIENVILLE PARISH ...... BIENVILLE PARISH CALDWELL PARISH ...... CALDWELL PARISH CATAHOULA PARISH ...... CATAHOULA PARISH CLAIBORNE PARISH ...... CLAIBORNE PARISH CONCORDIA PARISH ...... CONCORDIA PARISH DE SOTO PARISH ...... DE SOTO PARISH EAST CARROLL PARISH ...... EAST CARROLL PARISH EAST FELICIANA PARISH ...... EAST FELICIANA PARISH EVANGELINE PARISH ...... EVANGELINE PARISH FRANKLIN PARISH ...... FRANKLIN PARISH GRANT PARISH ...... GRANT PARISH IBERVILLE PARISH ...... IBERVILLE PARISH JEFFERSON DAVIS PARISH ...... JEFFERSON DAVIS PARISH LA SALLE PARISH ...... LA SALLE PARISH LAKE CHARLES CITY ...... LAKE CHARLES CITY IN CALCASIEU PARISH LIVINGSTON PARISH ...... LIVINGSTON PARISH MADISON PARISH ...... MADISON PARISH MONROE CITY ...... MONROE CITY IN OUACHITA PARISH MOREHOUSE PARISH ...... MOREHOUSE PARISH NATCHITOCHES PARISH ...... NATCHITOCHES PARISH NEW IBERIA CITY ...... NEW IBERIA CITY IN IBERIA PARISH 53964 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

NEW ORLEANS CITY ...... NEW ORLEANS CITY IN ORLEANS PARISH PLAQUEMINES PARISH ...... PLAQUEMINES PARISH POINTE COUPEE PARISH ...... POINTE COUPEE PARISH RED RIVER PARISH ...... RED RIVER PARISH RICHLAND PARISH ...... RICHLAND PARISH SHREVEPORT CITY ...... SHREVEPORT CITY IN BOSSIER PARISH CADDO PARISH ST. BERNARD PARISH ...... ST. BERNARD PARISH ST. CHARLES PARISH ...... ST. CHARLES PARISH ST. HELENA PARISH ...... ST. HELENA PARISH ST. JAMES PARISH ...... ST. JAMES PARISH ST. JOHN BAPTIST PARISH ...... ST. JOHN BAPTIST PARISH ST. LANDRY PARISH ...... ST. LANDRY PARISH ST. MARTIN PARISH ...... ST. MARTIN PARISH ST. MARY PARISH ...... ST. MARY PARISH TANGIPAHOA PARISH ...... TANGIPAHOA PARISH TENSAS PARISH ...... TENSAS PARISH VERNON PARISH ...... VERNON PARISH WASHINGTON PARISH ...... WASHINGTON PARISH WEBSTER PARISH ...... WEBSTER PARISH WEST BATON ROUGE PARISH ...... WEST BATON ROUGE PARISH WEST CARROLL PARISH ...... WEST CARROLL PARISH WEST FELICIANA PARISH ...... WEST FELICIANA PARISH

MAINE

AROOSTOOK COUNTY ...... AROOSTOOK COUNTY FRANKLIN COUNTY ...... FRANKLIN COUNTY HANCOCK COUNTY ...... HANCOCK COUNTY OXFORD COUNTY ...... OXFORD COUNTY PISCATAQUIS COUNTY ...... PISCATAQUIS COUNTY SOMERSET COUNTY ...... SOMERSET COUNTY WALDO COUNTY ...... WALDO COUNTY WASHINGTON COUNTY ...... WASHINGTON COUNTY

MARYLAND

ALLEGANY COUNTY ...... ALLEGANY COUNTY ANNAPOLIS CITY ...... ANNAPOLIS CITY IN ANNE ARUNDEL COUNTY BALTIMORE CITY ...... BALTIMORE CITY CECIL COUNTY ...... CECIL COUNTY DORCHESTER COUNTY ...... DORCHESTER COUNTY GARRETT COUNTY ...... GARRETT COUNTY SOMERSET COUNTY ...... SOMERSET COUNTY WORCESTER COUNTY ...... WORCESTER COUNTY

MASSACHUSETTS

ACUSHNET TOWN ...... ACUSHNET TOWN IN BRISTOL COUNTY ADAMS TOWN ...... ADAMS TOWN IN BERKSHIRE COUNTY ATHOL TOWN ...... ATHOL TOWN IN WORCESTER COUNTY BOURNE TOWN ...... BOURNE TOWN IN BARNSTABLE COUNTY BROCKTON CITY ...... BROCKTON CITY IN PLYMOUTH COUNTY CHELSEA CITY ...... CHELSEA CITY IN SUFFOLK COUNTY CHESHIRE TOWN ...... CHESHIRE TOWN IN BERKSHIRE COUNTY CHESTER TOWN ...... CHESTER TOWN IN HAMPDEN COUNTY DARTMOUTH TOWN ...... DARTMOUTH TOWN IN BRISTOL COUNTY DENNIS TOWN ...... DENNIS TOWN IN BARNSTABLE COUNTY Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53965

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

EASTHAM TOWN ...... EASTHAM TOWN IN BARNSTABLE COUNTY EDGARTOWN TOWN ...... EDGARTOWN TOWN IN DUKES COUNTY FAIRHAVEN TOWN ...... FAIRHAVEN TOWN IN BRISTOL COUNTY FALL RIVER CITY ...... FALL RIVER CITY IN BRISTOL COUNTY FREETOWN TOWN ...... FREETOWN TOWN IN BRISTOL COUNTY GAY HEAD TOWN ...... GAY HEAD TOWN IN DUKES COUNTY GLOUCESTER CITY ...... GLOUCESTER CITY IN ESSEX COUNTY HARDWICK TOWN ...... HARDWICK TOWN IN WORCESTER COUNTY HAWLEY TOWN ...... HAWLEY TOWN IN FRANKLIN COUNTY HINSDALE TOWN ...... HINSDALE TOWN IN BERKSHIRE COUNTY HOLYOKE CITY ...... HOLYOKE CITY IN HAMPDEN COUNTY HUBBARDSTON TOWN ...... HUBBARDSTON TOWN IN WORCESTER COUNTY HULL TOWN ...... HULL TOWN IN PLYMOUTH COUNTY HUNTINGTON TOWN ...... HUNTINGTON TOWN IN HAMPSHIRE COUNTY LAWRENCE CITY ...... LAWRENCE CITY IN ESSEX COUNTY LEE TOWN ...... LEE TOWN IN BERKSHIRE COUNTY LOWELL CITY ...... LOWELL CITY IN MIDDLESEX COUNTY LUDLOW TOWN ...... LUDLOW TOWN IN HAMPDEN COUNTY MASHPEE TOWN ...... MASHPEE TOWN IN BARNSTABLE COUNTY METHUEN TOWN ...... METHUEN TOWN IN ESSEX COUNTY MIDDLEBOROUGH TOWN ...... MIDDLEBOROUGH TOWN IN PLYMOUTH COUNTY MONROE TOWN ...... MONROE TOWN IN FRANKLIN COUNTY NEW BEDFORD CITY ...... NEW BEDFORD CITY IN BRISTOL COUNTY NEW SALEM TOWN ...... NEW SALEM TOWN IN FRANKLIN COUNTY NORTH ADAMS TOWN ...... NORTH ADAMS TOWN IN BERKSHIRE COUNTY ORANGE TOWN ...... ORANGE TOWN IN FRANKLIN COUNTY PALMER TOWN ...... PALMER TOWN IN HAMPDEN COUNTY PHILLIPSTON TOWN ...... PHILLIPSTON TOWN IN WORCESTER COUNTY PITTSFIELD CITY ...... PITTSFIELD CITY IN BERKSHIRE COUNTY PROVINCETOWN TOWN ...... PROVINCETOWN TOWN IN BARNSTABLE COUNTY REHOBOTH TOWN ...... REHOBOTH TOWN IN BRISTOL COUNTY REVERE CITY ...... REVERE CITY IN SUFFOLK COUNTY ROWE TOWN ...... ROWE TOWN IN FRANKLIN COUNTY RUSSELL TOWN ...... RUSSELL TOWN IN HAMPDEN COUNTY SANDISFIELD TOWN ...... SANDISFIELD TOWN IN BERKSHIRE COUNTY SAVOY TOWN ...... SAVOY TOWN IN 53966 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

BERKSHIRE COUNTY SEEKONK TOWN ...... SEEKONK TOWN IN BRISTOL COUNTY SHELBURNE TOWN ...... SHELBURNE TOWN IN FRANKLIN COUNTY SOMERSET TOWN ...... SOMERSET TOWN IN BRISTOL COUNTY SOUTHWICK TOWN ...... SOUTHWICK TOWN IN HAMPDEN COUNTY SPRINGFIELD CITY ...... SPRINGFIELD CITY IN HAMPDEN COUNTY SWANSEA TOWN ...... SWANSEA TOWN IN BRISTOL COUNTY TISBURY TOWN ...... TISBURY TOWN IN DUKES COUNTY TOLLAND TOWN ...... TOLLAND TOWN IN HAMPDEN COUNTY TRURO TOWN ...... TRURO TOWN IN BARNSTABLE COUNTY WAREHAM TOWN ...... WAREHAM TOWN IN PLYMOUTH COUNTY WELLFLEET TOWN ...... WELLFLEET TOWN IN BARNSTABLE COUNTY WEST SPRINGFIELD CITY ...... WEST SPRINGFIELD CITY IN HAMPDEN COUNTY WESTPORT TOWN ...... WESTPORT TOWN IN BRISTOL COUNTY WINCHENDON TOWN ...... WINCHENDON TOWN IN WORCESTER COUNTY YARMOUTH TOWN ...... YARMOUTH TOWN IN BARNSTABLE COUNTY

MICHIGAN

ALCONA COUNTY ...... ALCONA COUNTY ALGER COUNTY ...... ALGER COUNTY ALPENA COUNTY ...... ALPENA COUNTY ANTRIM COUNTY ...... ANTRIM COUNTY ARENAC COUNTY ...... ARENAC COUNTY BARAGA COUNTY ...... BARAGA COUNTY BAY CITY ...... BAY CITY IN BAY COUNTY BENZIE COUNTY ...... BENZIE COUNTY BURTON CITY ...... BURTON CITY IN GENESEE COUNTY CHARLEVOIX COUNTY ...... CHARLEVOIX COUNTY CHEBOYGAN COUNTY ...... CHEBOYGAN COUNTY CHIPPEWA COUNTY ...... CHIPPEWA COUNTY CLARE COUNTY ...... CLARE COUNTY CRAWFORD COUNTY ...... CRAWFORD COUNTY DELTA COUNTY ...... DELTA COUNTY DETROIT CITY ...... DETROIT CITY IN WAYNE COUNTY EMMET COUNTY ...... EMMET COUNTY FLINT CITY ...... FLINT CITY IN GENESEE COUNTY GLADWIN COUNTY ...... GLADWIN COUNTY GOGEBIC COUNTY ...... GOGEBIC COUNTY GRATIOT COUNTY ...... GRATIOT COUNTY HIGHLAND PARK CITY ...... HIGHLAND PARK CITY IN WAYNE COUNTY HOUGHTON COUNTY ...... HOUGHTON COUNTY HURON COUNTY ...... HURON COUNTY INKSTER CITY ...... INKSTER CITY IN WAYNE COUNTY IOSCO COUNTY ...... IOSCO COUNTY IRON COUNTY ...... IRON COUNTY JACKSON CITY ...... JACKSON CITY IN JACKSON COUNTY KALKASKA COUNTY ...... KALKASKA COUNTY KEWEENAW COUNTY ...... KEWEENAW COUNTY Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53967

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

LAKE COUNTY ...... LAKE COUNTY LUCE COUNTY ...... LUCE COUNTY MACKINAC COUNTY ...... MACKINAC COUNTY MANISTEE COUNTY ...... MANISTEE COUNTY MARQUETTE COUNTY ...... MARQUETTE COUNTY MASON COUNTY ...... MASON COUNTY BALANCE OF MIDLAND COUNTY ...... MIDLAND COUNTY LESS MIDLAND CITY MISSAUKEE COUNTY ...... MISSAUKEE COUNTY MONTCALM COUNTY ...... MONTCALM COUNTY MONTMORENCY COUNTY ...... MONTMORENCY COUNTY MOUNT MORRIS TOWNSHIP ...... MOUNT MORRIS TOWNSHIP IN GENESEE COUNTY MUSKEGON CITY ...... MUSKEGON CITY IN MUSKEGON COUNTY NEWAYGO COUNTY ...... NEWAYGO COUNTY OCEANA COUNTY ...... OCEANA COUNTY OGEMAW COUNTY ...... OGEMAW COUNTY ONTONAGON COUNTY ...... ONTONAGON COUNTY OSCEOLA COUNTY ...... OSCEOLA COUNTY OSCODA COUNTY ...... OSCODA COUNTY PONTIAC CITY ...... PONTIAC CITY IN OAKLAND COUNTY PORT HURON CITY ...... PORT HURON CITY IN ST. CLAIR COUNTY PRESQUE ISLE COUNTY ...... PRESQUE ISLE COUNTY ROSCOMMON COUNTY ...... ROSCOMMON COUNTY SAGINAW CITY ...... SAGINAW CITY IN SAGINAW COUNTY SANILAC COUNTY ...... SANILAC COUNTY SCHOOLCRAFT COUNTY ...... SCHOOLCRAFT COUNTY SHIAWASSEE COUNTY ...... SHIAWASSEE COUNTY TUSCOLA COUNTY ...... TUSCOLA COUNTY WEXFORD COUNTY ...... WEXFORD COUNTY

MINNESOTA

AITKIN COUNTY ...... AITKIN COUNTY BECKER COUNTY ...... BECKER COUNTY CARLTON COUNTY ...... CARLTON COUNTY CASS COUNTY ...... CASS COUNTY CLEARWATER COUNTY ...... CLEARWATER COUNTY HUBBARD COUNTY ...... HUBBARD COUNTY ITASCA COUNTY ...... ITASCA COUNTY KANABEC COUNTY ...... KANABEC COUNTY KOOCHICHING COUNTY ...... KOOCHICHING COUNTY MAHNOMEN COUNTY ...... MAHNOMEN COUNTY MARSHALL COUNTY ...... MARSHALL COUNTY MILLE LACS COUNTY ...... MILLE LACS COUNTY MORRISON COUNTY ...... MORRISON COUNTY PINE COUNTY ...... PINE COUNTY RED LAKE COUNTY ...... RED LAKE COUNTY

MISSISSIPPI

ADAMS COUNTY ...... ADAMS COUNTY ALCORN COUNTY ...... ALCORN COUNTY ATTALA COUNTY ...... ATTALA COUNTY BENTON COUNTY ...... BENTON COUNTY BOLIVAR COUNTY ...... BOLIVAR COUNTY CHICKASAW COUNTY ...... CHICKASAW COUNTY CHOCTAW COUNTY ...... CHOCTAW COUNTY CLAIBORNE COUNTY ...... CLAIBORNE COUNTY CLAY COUNTY ...... CLAY COUNTY COAHOMA COUNTY ...... COAHOMA COUNTY COLUMBUS CITY ...... COLUMBUS CITY IN LOWNDES COUNTY COPIAH COUNTY ...... COPIAH COUNTY GEORGE COUNTY ...... GEORGE COUNTY GREENE COUNTY ...... GREENE COUNTY GREENVILLE CITY ...... GREENVILLE CITY IN 53968 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

WASHINGTON COUNTY GULFPORT CITY ...... GULFPORT CITY IN HARRISON COUNTY HOLMES COUNTY ...... HOLMES COUNTY HUMPHREYS COUNTY ...... HUMPHREYS COUNTY ISSAQUENA COUNTY ...... ISSAQUENA COUNTY JEFFERSON COUNTY ...... JEFFERSON COUNTY JEFFERSON DAVIS COUNTY ...... JEFFERSON DAVIS COUNTY KEMPER COUNTY ...... KEMPER COUNTY LAWRENCE COUNTY ...... LAWRENCE COUNTY LEFLORE COUNTY ...... LEFLORE COUNTY MARION COUNTY ...... MARION COUNTY MARSHALL COUNTY ...... MARSHALL COUNTY MONROE COUNTY ...... MONROE COUNTY NEWTON COUNTY ...... NEWTON COUNTY NOXUBEE COUNTY ...... NOXUBEE COUNTY PANOLA COUNTY ...... PANOLA COUNTY PERRY COUNTY ...... PERRY COUNTY PIKE COUNTY ...... PIKE COUNTY QUITMAN COUNTY ...... QUITMAN COUNTY SHARKEY COUNTY ...... SHARKEY COUNTY STONE COUNTY ...... STONE COUNTY SUNFLOWER COUNTY ...... SUNFLOWER COUNTY TALLAHATCHIE COUNTY ...... TALLAHATCHIE COUNTY TISHOMINGO COUNTY ...... TISHOMINGO COUNTY TUNICA COUNTY ...... TUNICA COUNTY BALANCE OF WASHINGTON COUNTY ...... WASHINGTON COUNTY LESS GREENVILLE CITY WAYNE COUNTY ...... WAYNE COUNTY WEBSTER COUNTY ...... WEBSTER COUNTY WILKINSON COUNTY ...... WILKINSON COUNTY WINSTON COUNTY ...... WINSTON COUNTY YAZOO COUNTY ...... YAZOO COUNTY

MISSOURI

BENTON COUNTY ...... BENTON COUNTY CAMDEN COUNTY ...... CAMDEN COUNTY CARTER COUNTY ...... CARTER COUNTY DOUGLAS COUNTY ...... DOUGLAS COUNTY DUNKLIN COUNTY ...... DUNKLIN COUNTY IRON COUNTY ...... IRON COUNTY LINN COUNTY ...... LINN COUNTY MADISON COUNTY ...... MADISON COUNTY MILLER COUNTY ...... MILLER COUNTY MISSISSIPPI COUNTY ...... MISSISSIPPI COUNTY NEW MADRID COUNTY ...... NEW MADRID COUNTY PEMISCOT COUNTY ...... PEMISCOT COUNTY PIKE COUNTY ...... PIKE COUNTY PULASKI COUNTY ...... PULASKI COUNTY RIPLEY COUNTY ...... RIPLEY COUNTY ST JOSEPH CITY ...... ST JOSEPH CITY IN BUCHANAN COUNTY ST LOUIS CITY ...... ST LOUIS CITY ST. FRANCOIS COUNTY ...... ST. FRANCOIS COUNTY STODDARD COUNTY ...... STODDARD COUNTY STONE COUNTY ...... STONE COUNTY TANEY COUNTY ...... TANEY COUNTY TEXAS COUNTY ...... TEXAS COUNTY WASHINGTON COUNTY ...... WASHINGTON COUNTY WAYNE COUNTY ...... WAYNE COUNTY WRIGHT COUNTY ...... WRIGHT COUNTY

MONTANA

ANACONDA-DEER LODGE COUNTY ...... ANACONDA-DEER LODGE COUNTY BIG HORN COUNTY ...... BIG HORN COUNTY BLAINE COUNTY ...... BLAINE COUNTY FLATHEAD COUNTY ...... FLATHEAD COUNTY GLACIER COUNTY ...... GLACIER COUNTY LAKE COUNTY ...... LAKE COUNTY Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53969

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

LINCOLN COUNTY ...... LINCOLN COUNTY MINERAL COUNTY ...... MINERAL COUNTY MUSSELSHELL COUNTY ...... MUSSELSHELL COUNTY POWELL COUNTY ...... POWELL COUNTY ROOSEVELT COUNTY ...... ROOSEVELT COUNTY ROSEBUD COUNTY ...... ROSEBUD COUNTY SANDERS COUNTY ...... SANDERS COUNTY BALANCE OF SILVER BOW COUNTY ...... SILVER BOW COUNTY LESS BUTTE-SILVER BOW CITY

NEVADA

CARSON CITY ...... CARSON CITY CHURCHILL COUNTY ...... CHURCHILL COUNTY EUREKA COUNTY ...... EUREKA COUNTY LANDER COUNTY ...... LANDER COUNTY LINCOLN COUNTY ...... LINCOLN COUNTY LYON COUNTY ...... LYON COUNTY MINERAL COUNTY ...... MINERAL COUNTY NORTH LAS VEGAS CITY ...... NORTH LAS VEGAS CITY IN CLARK COUNTY WHITE PINE COUNTY ...... WHITE PINE COUNTY

NEW JERSEY

ATLANTIC CITY ...... ATLANTIC CITY IN ATLANTIC COUNTY BALANCE OF ATLANTIC COUNTY ...... ATLANTIC COUNTY LESS ATLANTIC CITY EGG HARBOR TOWNSHIP BERKELEY TOWNSHIP ...... BERKELEY TOWNSHIP IN OCEAN COUNTY CAMDEN CITY ...... CAMDEN CITY IN CAMDEN COUNTY CAPE MAY COUNTY ...... CAPE MAY COUNTY CITY OF ORANGE TOWNSHIP ...... CITY OF ORANGE TOWNSHIP IN ESSEX COUNTY BALANCE OF CUMBERLAND COUNTY ...... CUMBERLAND COUNTY LESS MILLVILLE CITY VINELAND CITY EAST ORANGE CITY ...... EAST ORANGE CITY IN ESSEX COUNTY EGG HARBOR TOWNSHIP ...... EGG HARBOR TOWNSHIP IN ATLANTIC COUNTY ELIZABETH CITY ...... ELIZABETH CITY IN UNION COUNTY GARFIELD CITY ...... GARFIELD CITY IN BERGEN COUNTY BALANCE OF GLOUCESTER COUNTY ...... GLOUCESTER COUNTY LESS MONROE TOWNSHIP WASHINGTON TOWNSHIP HACKENSACK CITY ...... HACKENSACK CITY IN BERGEN COUNTY IRVINGTON TOWNSHIP ...... IRVINGTON TOWNSHIP IN ESSEX COUNTY JERSEY CITY ...... JERSEY CITY IN HUDSON COUNTY LAKEWOOD TOWNSHIP ...... LAKEWOOD TOWNSHIP IN OCEAN COUNTY LINDEN CITY ...... LINDEN CITY IN UNION COUNTY LONG BRANCH CITY ...... LONG BRANCH CITY IN MONMOUTH COUNTY MANCHESTER TOWNSHIP ...... MANCHESTER TOWNSHIP IN OCEAN COUNTY MILLVILLE CITY ...... MILLVILLE CITY IN CUMBERLAND COUNTY NEW BRUNSWICK CITY ...... NEW BRUNSWICK CITY IN MIDDLESEX COUNTY NEWARK CITY ...... NEWARK CITY IN ESSEX COUNTY 53970 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

NORTH BERGEN TOWNSHIP ...... NORTH BERGEN TOWNSHIP IN HUDSON COUNTY PASSAIC CITY ...... PASSAIC CITY IN PASSAIC COUNTY PATERSON CITY ...... PATERSON CITY IN PASSAIC COUNTY PEMBERTON TOWNSHIP ...... PEMBERTON TOWNSHIP IN BURLINGTON COUNTY PERTH AMBOY CITY ...... PERTH AMBOY CITY IN MIDDLESEX COUNTY PLAINFIELD CITY ...... PLAINFIELD CITY IN UNION COUNTY TRENTON CITY ...... TRENTON CITY IN MERCER COUNTY UNION CITY ...... UNION CITY IN HUDSON COUNTY VINELAND CITY ...... VINELAND CITY IN CUMBERLAND COUNTY WEST NEW YORK TOWN ...... WEST NEW YORK TOWN IN HUDSON COUNTY

NEW MEXICO

CARLSBAD CITY ...... CARLSBAD CITY IN EDDY COUNTY CATRON COUNTY ...... CATRON COUNTY CIBOLA COUNTY ...... CIBOLA COUNTY COLFAX COUNTY ...... COLFAX COUNTY BALANCE OF DONA ANA COUNTY ...... DONA ANA COUNTY LESS LAS CRUCES CITY BALANCE OF EDDY COUNTY ...... EDDY COUNTY LESS CARLSBAD CITY GRANT COUNTY ...... GRANT COUNTY GUADALUPE COUNTY ...... GUADALUPE COUNTY LAS CRUCES CITY ...... LAS CRUCES CITY IN DONA ANA COUNTY LUNA COUNTY ...... LUNA COUNTY MC KINLEY COUNTY ...... MC KINLEY COUNTY MORA COUNTY ...... MORA COUNTY BALANCE OF OTERO COUNTY ...... OTERO COUNTY LESS ALAMOGORDO CITY RIO ARRIBA COUNTY ...... RIO ARRIBA COUNTY ROSWELL CITY ...... ROSWELL CITY IN CHAVES COUNTY BALANCE OF SAN JUAN COUNTY ...... SAN JUAN COUNTY LESS FARMINGTON CITY SAN MIGUEL COUNTY ...... SAN MIGUEL COUNTY SOCORRO COUNTY ...... SOCORRO COUNTY TAOS COUNTY ...... TAOS COUNTY

NEW YORK

ALLEGANY COUNTY ...... ALLEGANY COUNTY AUBURN CITY ...... AUBURN CITY IN CAYUGA COUNTY BINGHAMTON CITY ...... BINGHAMTON CITY IN BROOME COUNTY BRONX COUNTY ...... BRONX COUNTY BUFFALO CITY ...... BUFFALO CITY IN ERIE COUNTY CATTARAUGUS COUNTY ...... CATTARAUGUS COUNTY CHENANGO COUNTY ...... CHENANGO COUNTY CLINTON COUNTY ...... CLINTON COUNTY CORTLAND COUNTY ...... CORTLAND COUNTY ELMIRA CITY ...... ELMIRA CITY IN CHEMUNG COUNTY ESSEX COUNTY ...... ESSEX COUNTY FRANKLIN COUNTY ...... FRANKLIN COUNTY FULTON COUNTY ...... FULTON COUNTY GREENE COUNTY ...... GREENE COUNTY HAMILTON COUNTY ...... HAMILTON COUNTY Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53971

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

HEMPSTEAD VILLAGE ...... HEMPSTEAD VILLAGE IN NASSAU COUNTY BALANCE OF JEFFERSON COUNTY ...... JEFFERSON COUNTY LESS WATERTOWN CITY KINGS COUNTY ...... KINGS COUNTY LEWIS COUNTY ...... LEWIS COUNTY MONTGOMERY COUNTY ...... MONTGOMERY COUNTY MOUNT VERNON CITY ...... MOUNT VERNON CITY IN WESTCHESTER COUNTY NEW YORK COUNTY ...... NEW YORK COUNTY NEWBURGH CITY ...... NEWBURGH CITY IN ORANGE COUNTY NIAGARA FALLS CITY ...... NIAGARA FALLS CITY IN NIAGARA COUNTY ORLEANS COUNTY ...... ORLEANS COUNTY OSWEGO COUNTY ...... OSWEGO COUNTY POUGHKEEPSIE CITY ...... POUGHKEEPSIE CITY IN DUTCHESS COUNTY QUEENS COUNTY ...... QUEENS COUNTY RICHMOND COUNTY ...... RICHMOND COUNTY ROCHESTER CITY ...... ROCHESTER CITY IN MONROE COUNTY SCHENECTADY CITY ...... SCHENECTADY CITY IN SCHENECTADY COUNTY ST. LAWRENCE COUNTY ...... ST. LAWRENCE COUNTY SYRACUSE CITY ...... SYRACUSE CITY IN ONONDAGA COUNTY TROY CITY ...... TROY CITY IN RENSSELAER COUNTY UTICA CITY ...... UTICA CITY IN ONEIDA COUNTY BALANCE OF WARREN COUNTY ...... WARREN COUNTY LESS QUEENSBURY TOWN WATERTOWN CITY ...... WATERTOWN CITY IN JEFFERSON COUNTY WYOMING COUNTY ...... WYOMING COUNTY

NORTH CAROLINA

ANSON COUNTY ...... ANSON COUNTY BEAUFORT COUNTY ...... BEAUFORT COUNTY BLADEN COUNTY ...... BLADEN COUNTY BRUNSWICK COUNTY ...... BRUNSWICK COUNTY CHEROKEE COUNTY ...... CHEROKEE COUNTY GRAHAM COUNTY ...... GRAHAM COUNTY HALIFAX COUNTY ...... HALIFAX COUNTY HYDE COUNTY ...... HYDE COUNTY KINSTON CITY ...... KINSTON CITY IN LENOIR COUNTY MITCHELL COUNTY ...... MITCHELL COUNTY NORTHAMPTON COUNTY ...... NORTHAMPTON COUNTY RICHMOND COUNTY ...... RICHMOND COUNTY ROBESON COUNTY ...... ROBESON COUNTY ROCKY MOUNT CITY ...... ROCKY MOUNT CITY IN EDGECOMBE COUNTY NASH COUNTY SCOTLAND COUNTY ...... SCOTLAND COUNTY SWAIN COUNTY ...... SWAIN COUNTY TYRRELL COUNTY ...... TYRRELL COUNTY VANCE COUNTY ...... VANCE COUNTY WARREN COUNTY ...... WARREN COUNTY WASHINGTON COUNTY ...... WASHINGTON COUNTY WILMINGTON CITY ...... WILMINGTON CITY IN NEW HANOVER COUNTY WILSON CITY ...... WILSON CITY IN WILSON COUNTY

NORTH DAKOTA

BENSON COUNTY ...... BENSON COUNTY MERCER COUNTY ...... MERCER COUNTY 53972 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

MOUNTRAIL COUNTY ...... MOUNTRAIL COUNTY PEMBINA COUNTY ...... PEMBINA COUNTY ROLETTE COUNTY ...... ROLETTE COUNTY

OHIO

ADAMS COUNTY ...... ADAMS COUNTY ASHTABULA COUNTY ...... ASHTABULA COUNTY BELMONT COUNTY ...... BELMONT COUNTY CANTON CITY ...... CANTON CITY IN STARK COUNTY CLEVELAND CITY ...... CLEVELAND CITY IN CUYAHOGA COUNTY DAYTON CITY ...... DAYTON CITY IN MONTGOMERY COUNTY EAST CLEVELAND CITY ...... EAST CLEVELAND CITY IN CUYAHOGA COUNTY GALLIA COUNTY ...... GALLIA COUNTY GUERNSEY COUNTY ...... GUERNSEY COUNTY HARRISON COUNTY ...... HARRISON COUNTY HOCKING COUNTY ...... HOCKING COUNTY HURON COUNTY ...... HURON COUNTY JACKSON COUNTY ...... JACKSON COUNTY JEFFERSON COUNTY ...... JEFFERSON COUNTY LIMA CITY ...... LIMA CITY IN ALLEN COUNTY LORAIN CITY ...... LORAIN CITY IN LORAIN COUNTY MANSFIELD CITY ...... MANSFIELD CITY IN RICHLAND COUNTY MARION CITY ...... MARION CITY IN MARION COUNTY MEIGS COUNTY ...... MEIGS COUNTY MERCER COUNTY ...... MERCER COUNTY MONROE COUNTY ...... MONROE COUNTY MORGAN COUNTY ...... MORGAN COUNTY NOBLE COUNTY ...... NOBLE COUNTY OTTAWA COUNTY ...... OTTAWA COUNTY PERRY COUNTY ...... PERRY COUNTY PIKE COUNTY ...... PIKE COUNTY SANDUSKY CITY ...... SANDUSKY CITY IN ERIE COUNTY SCIOTO COUNTY ...... SCIOTO COUNTY VINTON COUNTY ...... VINTON COUNTY WARREN CITY ...... WARREN CITY IN TRUMBULL COUNTY YOUNGSTOWN CITY ...... YOUNGSTOWN CITY IN MAHONING COUNTY ZANESVILLE CITY ...... ZANESVILLE CITY IN MUSKINGUM COUNTY

OKLAHOMA

CHOCTAW COUNTY ...... CHOCTAW COUNTY COAL COUNTY ...... COAL COUNTY HASKELL COUNTY ...... HASKELL COUNTY HUGHES COUNTY ...... HUGHES COUNTY BALANCE OF KAY COUNTY ...... KAY COUNTY LESS PONCA CITY LATIMER COUNTY ...... LATIMER COUNTY LE FLORE COUNTY ...... LE FLORE COUNTY MC CURTAIN COUNTY ...... MC CURTAIN COUNTY MC INTOSH COUNTY ...... MC INTOSH COUNTY MURRAY COUNTY ...... MURRAY COUNTY MUSKOGEE CITY ...... MUSKOGEE CITY IN MUSKOGEE COUNTY BALANCE OF MUSKOGEE COUNTY ...... MUSKOGEE COUNTY LESS MUSKOGEE CITY OKFUSKEE COUNTY ...... OKFUSKEE COUNTY OKMULGEE COUNTY ...... OKMULGEE COUNTY PAWNEE COUNTY ...... PAWNEE COUNTY Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53973

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

PITTSBURG COUNTY ...... PITTSBURG COUNTY PONCA CITY ...... PONCA CITY IN KAY COUNTY PUSHMATAHA COUNTY ...... PUSHMATAHA COUNTY SEMINOLE COUNTY ...... SEMINOLE COUNTY SEQUOYAH COUNTY ...... SEQUOYAH COUNTY STEPHENS COUNTY ...... STEPHENS COUNTY

OREGON

BAKER COUNTY ...... BAKER COUNTY COOS COUNTY ...... COOS COUNTY CROOK COUNTY ...... CROOK COUNTY CURRY COUNTY ...... CURRY COUNTY DOUGLAS COUNTY ...... DOUGLAS COUNTY GRANT COUNTY ...... GRANT COUNTY HARNEY COUNTY ...... HARNEY COUNTY HOOD RIVER COUNTY ...... HOOD RIVER COUNTY JOSEPHINE COUNTY ...... JOSEPHINE COUNTY KLAMATH COUNTY ...... KLAMATH COUNTY LAKE COUNTY ...... LAKE COUNTY MORROW COUNTY ...... MORROW COUNTY UMATILLA COUNTY ...... UMATILLA COUNTY WALLOWA COUNTY ...... WALLOWA COUNTY WASCO COUNTY ...... WASCO COUNTY WHEELER COUNTY ...... WHEELER COUNTY

PENNSYLVANIA

ALTOONA CITY ...... ALTOONA CITY IN BLAIR COUNTY ARMSTRONG COUNTY ...... ARMSTRONG COUNTY BEDFORD COUNTY ...... BEDFORD COUNTY BALANCE OF CAMBRIA COUNTY ...... CAMBRIA COUNTY LESS JOHNSTOWN CITY CARBON COUNTY ...... CARBON COUNTY CHESTER CITY ...... CHESTER CITY IN DELAWARE COUNTY CLARION COUNTY ...... CLARION COUNTY CLEARFIELD COUNTY ...... CLEARFIELD COUNTY CLINTON COUNTY ...... CLINTON COUNTY COLUMBIA COUNTY ...... COLUMBIA COUNTY ERIE CITY ...... ERIE CITY IN ERIE COUNTY FAYETTE COUNTY ...... FAYETTE COUNTY FOREST COUNTY ...... FOREST COUNTY GREENE COUNTY ...... GREENE COUNTY HAZLETON CITY ...... HAZLETON CITY IN LUZERNE COUNTY HUNTINGDON COUNTY ...... HUNTINGDON COUNTY INDIANA COUNTY ...... INDIANA COUNTY JEFFERSON COUNTY ...... JEFFERSON COUNTY JOHNSTOWN CITY ...... JOHNSTOWN CITY IN CAMBRIA COUNTY JUNIATA COUNTY ...... JUNIATA COUNTY BALANCE OF LACKAWANNA COUNTY ...... LACKAWANNA COUNTY LESS SCRANTON CITY BALANCE OF LAWRENCE COUNTY ...... LAWRENCE COUNTY LESS NEW CASTLE CITY BALANCE OF LUZERNE COUNTY ...... LUZERNE COUNTY LESS HAZLETON CITY WILKES-BARRE CITY MCKEESPORT CITY ...... MCKEESPORT CITY IN ALLEGHENY COUNTY MONROE COUNTY ...... MONROE COUNTY NEW CASTLE CITY ...... NEW CASTLE CITY IN LAWRENCE COUNTY NORRISTOWN BOROUGH ...... NORRISTOWN BOROUGH IN MONTGOMERY COUNTY NORTHUMBERLAND COUNTY ...... NORTHUMBERLAND COUNTY PHILADELPHIA CITY ...... PHILADELPHIA CITY IN 53974 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

PHILADELPHIA COUNTY POTTER COUNTY ...... POTTER COUNTY READING CITY ...... READING CITY IN BERKS COUNTY SCHUYLKILL COUNTY ...... SCHUYLKILL COUNTY SCRANTON CITY ...... SCRANTON CITY IN LACKAWANNA COUNTY SOMERSET COUNTY ...... SOMERSET COUNTY SUSQUEHANNA COUNTY ...... SUSQUEHANNA COUNTY VENANGO COUNTY ...... VENANGO COUNTY WAYNE COUNTY ...... WAYNE COUNTY BALANCE OF WESTMORELAND COUNTY ...... WESTMORELAND COUNTY LESS HEMPFIELD TOWNSHIP NORTH HUNTINGDON TOWNSHIP WILKES-BARRE CITY ...... WILKES-BARRE CITY IN LUZERNE COUNTY WILLIAMSPORT CITY ...... WILLIAMSPORT CITY IN LYCOMING COUNTY WYOMING COUNTY ...... WYOMING COUNTY

PUERTO RICO

ADJUNTAS MUNICIPIO ...... ADJUNTAS MUNICIPIO AGUADA MUNICIPIO ...... AGUADA MUNICIPIO AGUADILLA MUNICIPIO ...... AGUADILLA MUNICIPIO AGUAS BUENAS MUNICIPIO ...... AGUAS BUENAS MUNICIPIO AIBONITO MUNICIPIO ...... AIBONITO MUNICIPIO ANASCO MUNICIPIO ...... ANASCO MUNICIPIO ARECIBO MUNICIPIO ...... ARECIBO MUNICIPIO ARROYO MUNICIPIO ...... ARROYO MUNICIPIO BARCELONETA MUNICIPIO ...... BARCELONETA MUNICIPIO BARRANQUITAS MUNICIPIO ...... BARRANQUITAS MUNICIPIO BAYAMON MUNICIPIO ...... BAYAMON MUNICIPIO CABO ROJO MUNICIPIO ...... CABO ROJO MUNICIPIO CAGUAS MUNICIPIO ...... CAGUAS MUNICIPIO CAMUY MUNICIPIO ...... CAMUY MUNICIPIO CANOVANAS MUNICIPIO ...... CANOVANAS MUNICIPIO CAROLINA MUNICIPIO ...... CAROLINA MUNICIPIO CATANO MUNICIPIO ...... CATANO MUNICIPIO CAYEY MUNICIPIO ...... CAYEY MUNICIPIO CEIBA MUNICIPIO ...... CEIBA MUNICIPIO CIALES MUNICIPIO ...... CIALES MUNICIPIO CIDRA MUNICIPIO ...... CIDRA MUNICIPIO COAMO MUNICIPIO ...... COAMO MUNICIPIO COMERIO MUNICIPIO ...... COMERIO MUNICIPIO COROZAL MUNICIPIO ...... COROZAL MUNICIPIO DORADO MUNICIPIO ...... DORADO MUNICIPIO FAJARDO MUNICIPIO ...... FAJARDO MUNICIPIO FLORIDA MUNICIPIO ...... FLORIDA MUNICIPIO GUANICA MUNICIPIO ...... GUANICA MUNICIPIO GUAYAMA MUNICIPIO ...... GUAYAMA MUNICIPIO GUAYANILLA MUNICIPIO ...... GUAYANILLA MUNICIPIO GURABO MUNICIPIO ...... GURABO MUNICIPIO HATILLO MUNICIPIO ...... HATILLO MUNICIPIO HORMIGUEROS MUNICIPIO ...... HORMIGUEROS MUNICIPIO HUMACAO MUNICIPIO ...... HUMACAO MUNICIPIO ISABELA MUNICIPIO ...... ISABELA MUNICIPIO JAYUYA MUNICIPIO ...... JAYUYA MUNICIPIO JUANA DIAZ MUNICIPIO ...... JUANA DIAZ MUNICIPIO JUNCOS MUNICIPIO ...... JUNCOS MUNICIPIO LAJAS MUNICIPIO ...... LAJAS MUNICIPIO LARES MUNICIPIO ...... LARES MUNICIPIO LAS MARIAS MUNICIPIO ...... LAS MARIAS MUNICIPIO LAS PIEDRAS MUNICIPIO ...... LAS PIEDRAS MUNICIPIO LOIZA MUNICIPIO ...... LOIZA MUNICIPIO LUQUILLO MUNICIPIO ...... LUQUILLO MUNICIPIO MANATI MUNICIPIO ...... MANATI MUNICIPIO MARICAO MUNICIPIO ...... MARICAO MUNICIPIO MAUNABO MUNICIPIO ...... MAUNABO MUNICIPIO MAYAGUEZ MUNICIPIO ...... MAYAGUEZ MUNICIPIO MOCA MUNICIPIO ...... MOCA MUNICIPIO Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53975

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

MOROVIS MUNICIPIO ...... MOROVIS MUNICIPIO NAGUABO MUNICIPIO ...... NAGUABO MUNICIPIO NARANJITO MUNICIPIO ...... NARANJITO MUNICIPIO OROCOVIS MUNICIPIO ...... OROCOVIS MUNICIPIO PATILLAS MUNICIPIO ...... PATILLAS MUNICIPIO PENUELAS MUNICIPIO ...... PENUELAS MUNICIPIO PONCE MUNICIPIO ...... PONCE MUNICIPIO QUEBRADILLAS MUNICIPIO ...... QUEBRADILLAS MUNICIPIO RINCON MUNICIPIO ...... RINCON MUNICIPIO RIO GRANDE MUNICIPIO ...... RIO GRANDE MUNICIPIO SABANA GRANDE MUNICIPIO ...... SABANA GRANDE MUNICIPIO SALINAS MUNICIPIO ...... SALINAS MUNICIPIO SAN GERMAN MUNICIPIO ...... SAN GERMAN MUNICIPIO SAN JUAN MUNICIPIO ...... SAN JUAN MUNICIPIO SAN LORENZO MUNICIPIO ...... SAN LORENZO MUNICIPIO SAN SEBASTIAN MUNICIPIO ...... SAN SEBASTIAN MUNICIPIO SANTA ISABEL MUNICIPIO ...... SANTA ISABEL MUNICIPIO TOA ALTA MUNICIPIO ...... TOA ALTA MUNICIPIO TOA BAJA MUNICIPIO ...... TOA BAJA MUNICIPIO TRUJILLO ALTO MUNICIPIO ...... TRUJILLO ALTO MUNICIPIO UTUADO MUNICIPIO ...... UTUADO MUNICIPIO VEGA ALTA MUNICIPIO ...... VEGA ALTA MUNICIPIO VEGA BAJA MUNICIPIO ...... VEGA BAJA MUNICIPIO VIEQUES MUNICIPIO ...... VIEQUES MUNICIPIO VILLALBA MUNICIPIO ...... VILLALBA MUNICIPIO YABUCOA MUNICIPIO ...... YABUCOA MUNICIPIO YAUCO MUNICIPIO ...... YAUCO MUNICIPIO

RHODE ISLAND

CENTRAL FALLS CITY ...... CENTRAL FALLS CITY CHARLESTOWN TOWN ...... CHARLESTOWN TOWN CRANSTON CITY ...... CRANSTON CITY EAST PROVIDENCE CITY ...... EAST PROVIDENCE CITY JOHNSTON TOWN ...... JOHNSTON TOWN MIDDLETOWN TOWN ...... MIDDLETOWN TOWN NEW SHOREHAM TOWN ...... NEW SHOREHAM TOWN NEWPORT CITY ...... NEWPORT CITY PAWTUCKET CITY ...... PAWTUCKET CITY PROVIDENCE CITY ...... PROVIDENCE CITY TIVERTON TOWN ...... TIVERTON TOWN WEST WARWICK TOWN ...... WEST WARWICK TOWN WOONSOCKET CITY ...... WOONSOCKET CITY

SOUTH CAROLINA

ABBEVILLE COUNTY ...... ABBEVILLE COUNTY ALLENDALE COUNTY ...... ALLENDALE COUNTY BAMBERG COUNTY ...... BAMBERG COUNTY BARNWELL COUNTY ...... BARNWELL COUNTY CHESTER COUNTY ...... CHESTER COUNTY CHESTERFIELD COUNTY ...... CHESTERFIELD COUNTY CLARENDON COUNTY ...... CLARENDON COUNTY COLLETON COUNTY ...... COLLETON COUNTY DARLINGTON COUNTY ...... DARLINGTON COUNTY DILLON COUNTY ...... DILLON COUNTY FAIRFIELD COUNTY ...... FAIRFIELD COUNTY FLORENCE CITY ...... FLORENCE CITY IN FLORENCE COUNTY GEORGETOWN COUNTY ...... GEORGETOWN COUNTY HAMPTON COUNTY ...... HAMPTON COUNTY KERSHAW COUNTY ...... KERSHAW COUNTY LEE COUNTY ...... LEE COUNTY MARION COUNTY ...... MARION COUNTY MARLBORO COUNTY ...... MARLBORO COUNTY MC CORMICK COUNTY ...... MC CORMICK COUNTY NORTH CHARLESTON CITY ...... NORTH CHARLESTON CITY IN CHARLESTON COUNTY ORANGEBURG COUNTY ...... ORANGEBURG COUNTY SUMTER CITY ...... SUMTER CITY IN SUMTER COUNTY 53976 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

UNION COUNTY ...... UNION COUNTY WILLIAMSBURG COUNTY ...... WILLIAMSBURG COUNTY

SOUTH DAKOTA

BUFFALO COUNTY ...... BUFFALO COUNTY CORSON COUNTY ...... CORSON COUNTY DEWEY COUNTY ...... DEWEY COUNTY SHANNON COUNTY ...... SHANNON COUNTY TODD COUNTY ...... TODD COUNTY ZIEBACH COUNTY ...... ZIEBACH COUNTY

TENNESSEE

BENTON COUNTY ...... BENTON COUNTY CAMPBELL COUNTY ...... CAMPBELL COUNTY COCKE COUNTY ...... COCKE COUNTY CUMBERLAND COUNTY ...... CUMBERLAND COUNTY FENTRESS COUNTY ...... FENTRESS COUNTY GREENE COUNTY ...... GREENE COUNTY GRUNDY COUNTY ...... GRUNDY COUNTY HARDEMAN COUNTY ...... HARDEMAN COUNTY HARDIN COUNTY ...... HARDIN COUNTY HAYWOOD COUNTY ...... HAYWOOD COUNTY HOUSTON COUNTY ...... HOUSTON COUNTY HUMPHREYS COUNTY ...... HUMPHREYS COUNTY JOHNSON COUNTY ...... JOHNSON COUNTY LAUDERDALE COUNTY ...... LAUDERDALE COUNTY LAWRENCE COUNTY ...... LAWRENCE COUNTY LEWIS COUNTY ...... LEWIS COUNTY MACON COUNTY ...... MACON COUNTY MC MINN COUNTY ...... MC MINN COUNTY MC NAIRY COUNTY ...... MC NAIRY COUNTY MEIGS COUNTY ...... MEIGS COUNTY MONROE COUNTY ...... MONROE COUNTY MORGAN COUNTY ...... MORGAN COUNTY OVERTON COUNTY ...... OVERTON COUNTY PICKETT COUNTY ...... PICKETT COUNTY POLK COUNTY ...... POLK COUNTY RHEA COUNTY ...... RHEA COUNTY SCOTT COUNTY ...... SCOTT COUNTY SEVIER COUNTY ...... SEVIER COUNTY STEWART COUNTY ...... STEWART COUNTY TROUSDALE COUNTY ...... TROUSDALE COUNTY UNICOI COUNTY ...... UNICOI COUNTY VAN BUREN COUNTY ...... VAN BUREN COUNTY WAYNE COUNTY ...... WAYNE COUNTY

TEXAS

BAYTOWN CITY ...... BAYTOWN CITY IN HARRIS COUNTY BEAUMONT CITY ...... BEAUMONT CITY IN JEFFERSON COUNTY BEE COUNTY ...... BEE COUNTY BALANCE OF BOWIE COUNTY ...... BOWIE COUNTY LESS TEXARKANA CITY TEX BALANCE OF BRAZORIA COUNTY ...... BRAZORIA COUNTY LESS LAKE JACKSON CITY BROOKS COUNTY ...... BROOKS COUNTY BROWNSVILLE CITY ...... BROWNSVILLE CITY IN CAMERON COUNTY CALHOUN COUNTY ...... CALHOUN COUNTY BALANCE OF CAMERON COUNTY ...... CAMERON COUNTY LESS BROWNSVILLE CITY HARLINGEN CITY CAMP COUNTY ...... CAMP COUNTY CASS COUNTY ...... CASS COUNTY COCHRAN COUNTY ...... COCHRAN COUNTY CORPUS CHRISTI CITY ...... CORPUS CHRISTI CITY IN NUECES COUNTY Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53977

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

CROSBY COUNTY ...... CROSBY COUNTY DAWSON COUNTY ...... DAWSON COUNTY DEAF SMITH COUNTY ...... DEAF SMITH COUNTY DEL RIO CITY ...... DEL RIO CITY IN VAL VERDE COUNTY DICKENS COUNTY ...... DICKENS COUNTY DIMMIT COUNTY ...... DIMMIT COUNTY DUVAL COUNTY ...... DUVAL COUNTY BALANCE OF ECTOR COUNTY ...... ECTOR COUNTY LESS ODESSA CITY EDINBURG CITY ...... EDINBURG CITY IN HIDALGO COUNTY EL PASO CITY ...... EL PASO CITY IN EL PASO COUNTY BALANCE OF EL PASO COUNTY ...... EL PASO COUNTY LESS EL PASO CITY SOCORRO CITY FRIO COUNTY ...... FRIO COUNTY GALVESTON CITY ...... GALVESTON CITY IN GALVESTON COUNTY BALANCE OF GALVESTON COUNTY ...... GALVESTON COUNTY LESS FRIENDSWOOD CITY GALVESTON CITY LEAGUE CITY TEXAS CITY BALANCE OF GREGG COUNTY ...... GREGG COUNTY LESS LONGVIEW CITY HALL COUNTY ...... HALL COUNTY HARDIN COUNTY ...... HARDIN COUNTY HARLINGEN CITY ...... HARLINGEN CITY IN CAMERON COUNTY BALANCE OF HARRISON COUNTY ...... HARRISON COUNTY LESS LONGVIEW CITY BALANCE OF HIDALGO COUNTY ...... HIDALGO COUNTY LESS EDINBURG CITY MC ALLEN CITY MISSION CITY PHARR CITY HOUSTON CITY ...... HOUSTON CITY IN FORT BEND COUNTY HARRIS COUNTY HUTCHINSON COUNTY ...... HUTCHINSON COUNTY JASPER COUNTY ...... JASPER COUNTY JIM HOGG COUNTY ...... JIM HOGG COUNTY JIM WELLS COUNTY ...... JIM WELLS COUNTY KILLEEN CITY ...... KILLEEN CITY IN BELL COUNTY KINGSVILLE CITY ...... KINGSVILLE CITY IN KLEBERG COUNTY KINNEY COUNTY ...... KINNEY COUNTY BALANCE OF KLEBERG COUNTY ...... KLEBERG COUNTY LESS KINGSVILLE CITY LA SALLE COUNTY ...... LA SALLE COUNTY LAMAR COUNTY ...... LAMAR COUNTY LAREDO CITY ...... LAREDO CITY IN WEBB COUNTY LEON COUNTY ...... LEON COUNTY LIBERTY COUNTY ...... LIBERTY COUNTY LONGVIEW CITY ...... LONGVIEW CITY IN GREGG COUNTY HARRISON COUNTY LOVING COUNTY ...... LOVING COUNTY MARION COUNTY ...... MARION COUNTY MATAGORDA COUNTY ...... MATAGORDA COUNTY MAVERICK COUNTY ...... MAVERICK COUNTY MC ALLEN CITY ...... MC ALLEN CITY IN HIDALGO COUNTY MISSION CITY ...... MISSION CITY IN HIDALGO COUNTY MORRIS COUNTY ...... MORRIS COUNTY NEWTON COUNTY ...... NEWTON COUNTY 53978 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

NOLAN COUNTY ...... NOLAN COUNTY BALANCE OF NUECES COUNTY ...... NUECES COUNTY LESS CORPUS CHRISTI CITY ODESSA CITY ...... ODESSA CITY IN ECTOR COUNTY ORANGE COUNTY ...... ORANGE COUNTY PALO PINTO COUNTY ...... PALO PINTO COUNTY PANOLA COUNTY ...... PANOLA COUNTY PHARR CITY ...... PHARR CITY IN HIDALGO COUNTY PORT ARTHUR CITY ...... PORT ARTHUR CITY IN JEFFERSON COUNTY PRESIDIO COUNTY ...... PRESIDIO COUNTY RED RIVER COUNTY ...... RED RIVER COUNTY REEVES COUNTY ...... REEVES COUNTY RUSK COUNTY ...... RUSK COUNTY SABINE COUNTY ...... SABINE COUNTY SAN PATRICIO COUNTY ...... SAN PATRICIO COUNTY SOCORRO CITY ...... SOCORRO CITY IN EL PASO COUNTY SOMERVELL COUNTY ...... SOMERVELL COUNTY STARR COUNTY ...... STARR COUNTY TERRY COUNTY ...... TERRY COUNTY TEXARKANA CITY TEX ...... TEXARKANA CITY TEX IN BOWIE COUNTY TEXAS CITY ...... TEXAS CITY IN GALVESTON COUNTY TITUS COUNTY ...... TITUS COUNTY TYLER COUNTY ...... TYLER COUNTY UVALDE COUNTY ...... UVALDE COUNTY BALANCE OF VAL VERDE COUNTY ...... VAL VERDE COUNTY LESS DEL RIO CITY WARD COUNTY ...... WARD COUNTY BALANCE OF WEBB COUNTY ...... WEBB COUNTY LESS LAREDO CITY WILLACY COUNTY ...... WILLACY COUNTY WINKLER COUNTY ...... WINKLER COUNTY YOUNG COUNTY ...... YOUNG COUNTY ZAPATA COUNTY ...... ZAPATA COUNTY ZAVALA COUNTY ...... ZAVALA COUNTY

UTAH

CARBON COUNTY ...... CARBON COUNTY DUCHESNE COUNTY ...... DUCHESNE COUNTY EMERY COUNTY ...... EMERY COUNTY GARFIELD COUNTY ...... GARFIELD COUNTY KANE COUNTY ...... KANE COUNTY PIUTE COUNTY ...... PIUTE COUNTY SAN JUAN COUNTY ...... SAN JUAN COUNTY UINTAH COUNTY ...... UINTAH COUNTY

VERMONT

ORLEANS COUNTY ...... ORLEANS COUNTY

VIRGINIA

ACCOMACK COUNTY ...... ACCOMACK COUNTY ALLEGHANY COUNTY ...... ALLEGHANY COUNTY BATH COUNTY ...... BATH COUNTY BLAND COUNTY ...... BLAND COUNTY BRUNSWICK COUNTY ...... BRUNSWICK COUNTY BUCHANAN COUNTY ...... BUCHANAN COUNTY CAROLINE COUNTY ...... CAROLINE COUNTY CLIFTON FORGE CITY ...... CLIFTON FORGE CITY COVINGTON CITY ...... COVINGTON CITY DANVILLE CITY ...... DANVILLE CITY DICKENSON COUNTY ...... DICKENSON COUNTY EMPORIA CITY ...... EMPORIA CITY GILES COUNTY ...... GILES COUNTY Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53979

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

HALIFAX COUNTY ...... HALIFAX COUNTY HENRY COUNTY ...... HENRY COUNTY LANCASTER COUNTY ...... LANCASTER COUNTY LEE COUNTY ...... LEE COUNTY LOUISA COUNTY ...... LOUISA COUNTY LUNENBURG COUNTY ...... LUNENBURG COUNTY MARTINSVILLE CITY ...... MARTINSVILLE CITY NORTHAMPTON COUNTY ...... NORTHAMPTON COUNTY NORTHUMBERLAND COUNTY ...... NORTHUMBERLAND COUNTY NORTON CITY ...... NORTON CITY PAGE COUNTY ...... PAGE COUNTY PETERSBURG CITY ...... PETERSBURG CITY PITTSYLVANIA COUNTY ...... PITTSYLVANIA COUNTY PORTSMOUTH CITY ...... PORTSMOUTH CITY RUSSELL COUNTY ...... RUSSELL COUNTY SCOTT COUNTY ...... SCOTT COUNTY SMYTH COUNTY ...... SMYTH COUNTY SURRY COUNTY ...... SURRY COUNTY TAZEWELL COUNTY ...... TAZEWELL COUNTY WASHINGTON COUNTY ...... WASHINGTON COUNTY WESTMORELAND COUNTY ...... WESTMORELAND COUNTY WILLIAMSBURG CITY ...... WILLIAMSBURG CITY WISE COUNTY ...... WISE COUNTY

WASHINGTON

ADAMS COUNTY ...... ADAMS COUNTY BELLINGHAM CITY ...... BELLINGHAM CITY IN WHATCOM COUNTY BREMERTON CITY ...... BREMERTON CITY IN KITSAP COUNTY CHELAN COUNTY ...... CHELAN COUNTY CLALLAM COUNTY ...... CLALLAM COUNTY COLUMBIA COUNTY ...... COLUMBIA COUNTY BALANCE OF COWLITZ COUNTY ...... COWLITZ COUNTY LESS LONGVIEW CITY DOUGLAS COUNTY ...... DOUGLAS COUNTY EVERETT CITY ...... EVERETT CITY IN SNOHOMISH COUNTY FERRY COUNTY ...... FERRY COUNTY FRANKLIN COUNTY ...... FRANKLIN COUNTY GRANT COUNTY ...... GRANT COUNTY GRAYS HARBOR COUNTY ...... GRAYS HARBOR COUNTY JEFFERSON COUNTY ...... JEFFERSON COUNTY KENNEWICK CITY ...... KENNEWICK CITY IN BENTON COUNTY KITTITAS COUNTY ...... KITTITAS COUNTY KLICKITAT COUNTY ...... KLICKITAT COUNTY LEWIS COUNTY ...... LEWIS COUNTY LONGVIEW CITY ...... LONGVIEW CITY IN COWLITZ COUNTY MASON COUNTY ...... MASON COUNTY OKANOGAN COUNTY ...... OKANOGAN COUNTY PACIFIC COUNTY ...... PACIFIC COUNTY PEND OREILLE COUNTY ...... PEND OREILLE COUNTY SKAGIT COUNTY ...... SKAGIT COUNTY SKAMANIA COUNTY ...... SKAMANIA COUNTY STEVENS COUNTY ...... STEVENS COUNTY TACOMA CITY ...... TACOMA CITY IN PIERCE COUNTY WAHKIAKUM COUNTY ...... WAHKIAKUM COUNTY WALLA WALLA CITY ...... WALLA WALLA CITY IN WALLA WALLA COUNTY BALANCE OF WHATCOM COUNTY ...... WHATCOM COUNTY LESS BELLINGHAM CITY YAKIMA CITY ...... YAKIMA CITY IN YAKIMA COUNTY BALANCE OF YAKIMA COUNTY ...... YAKIMA COUNTY LESS YAKIMA CITY 53980 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

WEST VIRGINIA

BARBOUR COUNTY ...... BARBOUR COUNTY BOONE COUNTY ...... BOONE COUNTY BRAXTON COUNTY ...... BRAXTON COUNTY BROOKE COUNTY ...... BROOKE COUNTY CALHOUN COUNTY ...... CALHOUN COUNTY CLAY COUNTY ...... CLAY COUNTY DODDRIDGE COUNTY ...... DODDRIDGE COUNTY FAYETTE COUNTY ...... FAYETTE COUNTY GILMER COUNTY ...... GILMER COUNTY GRANT COUNTY ...... GRANT COUNTY GREENBRIER COUNTY ...... GREENBRIER COUNTY HANCOCK COUNTY ...... HANCOCK COUNTY HARRISON COUNTY ...... HARRISON COUNTY HUNTINGTON CITY ...... HUNTINGTON CITY IN CABELL COUNTY WAYNE COUNTY JACKSON COUNTY ...... JACKSON COUNTY LEWIS COUNTY ...... LEWIS COUNTY LINCOLN COUNTY ...... LINCOLN COUNTY LOGAN COUNTY ...... LOGAN COUNTY MARION COUNTY ...... MARION COUNTY BALANCE OF MARSHALL COUNTY ...... MARSHALL COUNTY LESS WHEELING CITY MASON COUNTY ...... MASON COUNTY MC DOWELL COUNTY ...... MC DOWELL COUNTY MINGO COUNTY ...... MINGO COUNTY MONROE COUNTY ...... MONROE COUNTY NICHOLAS COUNTY ...... NICHOLAS COUNTY PARKERSBURG CITY ...... PARKERSBURG CITY IN WOOD COUNTY PLEASANTS COUNTY ...... PLEASANTS COUNTY POCAHONTAS COUNTY ...... POCAHONTAS COUNTY PRESTON COUNTY ...... PRESTON COUNTY RALEIGH COUNTY ...... RALEIGH COUNTY RANDOLPH COUNTY ...... RANDOLPH COUNTY RITCHIE COUNTY ...... RITCHIE COUNTY ROANE COUNTY ...... ROANE COUNTY SUMMERS COUNTY ...... SUMMERS COUNTY TAYLOR COUNTY ...... TAYLOR COUNTY TUCKER COUNTY ...... TUCKER COUNTY TYLER COUNTY ...... TYLER COUNTY UPSHUR COUNTY ...... UPSHUR COUNTY BALANCE OF WAYNE COUNTY ...... WAYNE COUNTY LESS HUNTINGTON CITY WEBSTER COUNTY ...... WEBSTER COUNTY WETZEL COUNTY ...... WETZEL COUNTY WIRT COUNTY ...... WIRT COUNTY WYOMING COUNTY ...... WYOMING COUNTY

WISCONSIN

ASHLAND COUNTY ...... ASHLAND COUNTY BAYFIELD COUNTY ...... BAYFIELD COUNTY CLARK COUNTY ...... CLARK COUNTY DOOR COUNTY ...... DOOR COUNTY FOREST COUNTY ...... FOREST COUNTY IRON COUNTY ...... IRON COUNTY MARQUETTE COUNTY ...... MARQUETTE COUNTY MENOMINEE COUNTY ...... MENOMINEE COUNTY RACINE CITY ...... RACINE CITY IN RACINE COUNTY RUSK COUNTY ...... RUSK COUNTY WASHBURN COUNTY ...... WASHBUR WYOMING

FREMONT COUNTY ...... FREMONT COUNTY LINCOLN COUNTY ...... LINCOLN COUNTY BALANCE OF NATRONA COUNTY ...... NATRONA COUNTY LESS CASPER CITY Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53981

LABOR SURPLUS AREAS ELIGIBLE FOR FEDERAL PROCUREMENT PREFERENCEÐContinued [October 1, 1996 through September 30, 1997]

Eligible labor surplus areas Civil jurisdictions included

UINTA COUNTY ...... UINTA COUNTY

[FR Doc. 96–26492 Filed 10–15–96; 8:45 am] NAFTA–TAA under Section 250 of the Trade NATIONAL ARCHIVES AND RECORDS BILLING CODE 4510±30±M, 4510±30±P Act of 1974.’’ ADMINISTRATION Signed in Washington, D.C., this 3rd day of October 1996. Agency Information Collection [NAFTA±00959] Russell T. Kile, Activities: Submission for OMB Review; Comment Request Newell Home Hardware Company; Acting Program Manager, Policy and Dorfile Storage and Shelving Systems; Reemployment Services, Office of Trade AGENCY: National Archives and Records City of Commerce, CA; Amended Adjustment Assistance. Administration (NARA). Certification Regarding Eligibility to [FR Doc. 96–26486 Filed 10–15–96; 8:45 am] ACTION: Notice. Apply for NAFTA Transitional BILLING CODE 4510±30±M Adjustment Assistance SUMMARY: NARA is giving public notice that the agency has submitted to OMB In accordance with Section 250(a), for approval the information collections Subchapter D, Chapter 2, Title II, of the described in this notice, which are used Trade Act of 1974, as amended (19 USC NATIONAL AERONAUTICS AND in the National Historical Publications 2273), the Department of Labor issued SPACE ADMINISTRATION and Records Commission grant program. an Amended Certification for NAFTA The public is invited to comment on the Transitional Adjustment Assistance on [Notice 96±122] May 24, 1996, applicable to workers of proposed information collections Newell Home Hardware Company, Notice of Prospective Patent License pursuant to the Paperwork Reduction Dorfile Storage and Shelving Systems, Act of 1995. located in Los Angeles, California. The AGENCY: National Aeronautics and DATES: Written comments must be notice was published in the Federal Space Administration. submitted to OMB at the address below Register on June 6, 1996 (61 FR 28901). on or before November 15, 1996 to be ACTION: Notice of prospective patent At the request of the State agency, the assured of consideration. license. Department reviewed the certification ADDRESSES: Comments should be sent for workers of the subject firm. New to: Office of Information and Regulatory findings show the Department’s worker SUMMARY: NSA hereby gives notice that Affairs, Office of Management and certification incorrectly identified the ThermTech Services, Inc. (hereinafter Budget, Attn: Ms. Maya Bernstein, Desk affected workers as being located in Los ThermTech), of 2370 NE Ocean Officer for NARA, Washington, DC Angeles, California. The worker Boulevard Suite 304A, Stuart, FL 34996, 20503. separations took place at the subject has requested a partially exclusive FOR FURTHER INFORMATION CONTACT: firm’s facility located in the City of license to practice the invention Requests for additional information or Commerce, California. The workers disclosed in NASA Case No. LAR– copies of the proposed information were engaged in the production of metal 15524–1, entitled ‘‘A Method and collections and supporting statements and steel brackets, clips and rods. Apparatus for Thickness of Layers Using should be directed to Mary Ann Hadyka The intent of the Department’s A Scanning Linear Heat Source and or Nancy Allard at telephone number certification is to include all workers of Infrared Detector,’’ for which a U.S. 301–713–6730, or fax number 301–713– the subject firm who were adversely Patent Application was filed by the 7270. affected by increased imports from United States of America as represented SUPPLEMENTARY INFORMATION: Pursuant Canada and Mexico. Accordingly, the by the Administrator of the National to the Paperwork Reduction Act of 1995 Department is amending the Aeronautics and Space Administration. (Public Law 104–13), NARA invites the certification to include all workers Written objections to the prospective general public and other Federal engaged in the production of metal and grant of a license should be sent to agencies to comment on proposed steel brackets, clips and rods at Newell Langley Research Center. information collections. NARA Home Hardware Company, Dorfile published a notice of proposed DATE: Storage and Shelving Systems, located Responses to this notice must be collection for these information in the City of Commerce, California and received by December 16, 1996. collections on August 2, 1996 (61 FR to exclude workers at the subject firm’s FOR FURTHER INFORMATION CONTACT: 40466). No comments were received. location in Los Angeles, California. NARA has submitted the described The amended notice applicable to Ms. Kimberly A. Chasteen, Patent information collections to OMB for NAFTA—00959 is hereby issued as Attorney, Langley Research Center, approval. follows: (757) 864–3227. In response to this notice, comments ‘‘All workers engaged in employment Dated: October 3, 1996. and suggestions should address one or related to the production of metal and steel Edward A. Frankle, more of the following points: (a) brackets, clips and rods at Newell Home whether the proposed collection Hardware Company, Dorfile Storage and General Counsel. Shelving Systems, located in the City of [FR Doc. 96–26497 Filed 10–15–96; 8:45 am] information is necessary for the proper Commerce, California who became totally or BILLING CODE 7510±01±M performance of the functions of NARA; partially separated from employment on or (b) the accuracy of NARA’s estimate of after April 1, 1995 are eligible to apply for the burden of the proposed information 53982 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices collections; (c) ways to enhance the semiannual narrative performance Agency form number: None. quality, utility, and clarity of the reports. Type of review: Regular. information to be collected; and (d) Estimated time per response: 54 hours Affected public: Nonprofit institutions ways to minimize the burden of the per application; 2 hours per narrative or organizations that have active collection of information on report. archival or special collections programs, respondents, including the use of Frequency of response: On occasion and historical documentary publication information technology. In this notice, for the application; semiannually for the projects that have received an NHPRC NARA is soliciting comments narrative report. Currently, the NHPRC grant. concerning the following information considers grant applications 3 times per Estimated number of respondents: 9. collections: year; respondents usually submit no Estimated time per response: 17 1. Title: Application for attendance at more than one application per year. hours. the Institute for the Editing of Historical Estimated total annual burden hours: Frequency of response: Generally, Documents. 9,796 hours. one-time although an institution may OMB number: 3095–0012, expiration Abstract: The application is used by apply in subsequent years. date 10/31/96. the NHPRC staff, reviewers, and the Estimated total annual burden hours: Agency form number: None. Commission to determine if the 153 hours. Type of review: Regular. applicant and proposed project are Abstract: The application is used by Affected public: Individuals, often eligible for an NHPRC grant, and the NHPRC staff to select applicants to already working on documentary whether the proposed project is serve as host institutions for the two editing projects, who wish to apply to methodologically sound and suitable for fellowships supported by the NHPRC attend the annual one-week Institute for support. The narrative report is used by each year. the Editing of Historical Documents, an the NHPRC staff to monitor the Dated: October 9, 1996. intensive seminar in all aspects of performance of grants. L. Reynolds Cahoon, modern documentary editing techniques 3. Title: Applications for Archival Assistant Archivist for Policy and IRM taught by visiting editors and Administration and Historical Services. specialists. Documentary Editing Fellowships [FR Doc. 96–26457 Filed 10–15–96; 8:45 am] OMB number: 3095–0011 and 3095– Estimated number of respondents: 25. BILLING CODE 7515±01±P Estimated time per response: 2 hours. 0014, expiration date 10/31/96. The Frequency of response: On occasion, applications are being combined in this request for OMB approval under the no more than annually (when NUCLEAR REGULATORY control number 3095–0014. respondent wishes to apply for COMMISSION attendance at the Institute). Agency form number: None. Type of review: Regular. Estimated total annual burden hours: Agency Information Collection Affected public: Individuals who wish 50. Activities: Proposed Collection; to apply for an NHPRC fellowship in Abstract: The application is used by Comment Request archival administration or historical the NHPRC staff to establish the documentary editing. Applicants for the applicants’ qualifications and to permit AGENCY: U. S. Nuclear Regulatory archival administration fellowship must selection of those individuals best Commission (NRC). have at least two years’ professional qualified to attend the Institute jointly ACTION: Notice of pending NRC action to archival work experience; applicants for sponsored by the NHPRC, the State submit an information collection the editing fellowship must hold a Ph.D. Historical Society of Wisconsin, and the request to OMB and solicitation of or have completed all requirements for University of Wisconsin. Selected public comment. the degree except the dissertation. applicants’ forms are forwarded to the Estimated number of respondents: 15. SUMMARY: The NRC is preparing a resident advisors of the Institute, who Estimated time per response: 8 hours. submittal to OMB for review of use them to determine what areas of Frequency of response: Generally one- continued approval of information instruction would be most useful to the time. collections under the provisions of the applicants. Estimated total annual burden hours: Paperwork Reduction Act of 1995 (44 2. Title: National Historical 120 hours. U.S.C. Chapter 35). Publications and Records Commission Abstract: The application is used by Information pertaining to the Grant Program. the NHPRC staff to establish the requirement to be submitted: OMB number: 3095–0013, expiration applicants’ qualifications and to permit 1. The title of the information date 10/31/96. selection by the host institution of those collection: 10 CFR Part 55, ‘‘Operators’ Agency form number: None. individuals best qualified for the Licenses’’. Type of review: Regular. fellowships. One fellowship in archival 2. Current OMB approval number: Affected public: Nonprofit administration and one fellowship in 3150–0018. organizations and institutions, state and historical editing are awarded each year. 3. How often the collection is local government agencies, Federally 4. Title: Application for host required: As necessary in order for NRC acknowledged or state-recognized institutions of archival administration to meet its responsibilities to determine Native American tribes or groups, and and historical editing fellowships. the eligibility of applicants for individuals who apply for NHPRC OMB number: 3095–0015, expiration operators’ licenses and perform a review grants for support of historical date 10/31/96. The current approval of applications and reports for documentary editions, archival covers only applications for host simulation facilities submitted to the preservation and planning projects, and institution of the archival NRC. other records projects. administration fellowship. The 4. Who is required or asked to report: Estimated number of respondents: application for host institution of the Holders of and applicants for facility 174 per year submit applications; historical documentary editing (i.e., nuclear power, research, and test approximately 100 grantees among the fellowship is a new information reactor) operating licenses and applicant respondents also submit collection. individual operators’ licenses. Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53983

5. The number of annual respondents: telephone at (301) 415–7233, or by Issued at Rockville, Maryland, this 9th day 135. Internet electronic mail at of October 1996. 6. The number of hours needed [email protected]. B. Paul Cotter, Jr., annually to complete the requirement or Dated at Rockville, Maryland, this 8th day Chief Administrative Judge, Atomic Safety request: 3,556 (approximately 964 hours of October, 1996. and Licensing Board Panel. of reporting burden and approximately For the Nuclear Regulatory Commission. [FR Doc. 96–26435 Filed 10–15–96; 8:45 am] 2,592 hours of recordkeeping burden). BILLING CODE 7590±01±P Gerald F. Cranford, 7. Abstract: 10 CFR Part 55 of the NRC’s regulations, ‘‘Operators’ Designated Senior, Official for Information Resources Management. Licenses’’ specifies information and Sunshine Act Meeting data to be provided by applicants and [FR Doc. 96–26434 Filed 10–15–96; 8:45 am] BILLING CODE 7590±01±P DATES: Weeks of October 14, 21, 28, and facility licensees so that the NRC may November 4, 1996. make determinations concerning the PLACE: Commissioners’ Conference licensing of operators for nuclear power Northern States Power Company; Room, 11555 Rockville Pike, Rockville, plants necessary to promote the health Establishment of Atomic Safety and Maryland. and safety of the public. The reporting Licensing Board and recordkeeping requirements STATUS: Public and Closed. contained in 10 CFR Part 55 are [Docket No. 72±18±ISFSI; ASLBP No. 97± MATTERS TO BE CONSIDERED: mandatory for the licensees and 720±01±ISFSI] Week of October 14 applicants affected. Pursuant to delegation by the Tuesday, October 15 Submit, by December 16, 1996, Commission dated December 29, 1972, comments that address the following published in the Federal Register, 37 1:00 p.m. questions: Briefing by Executive Branch (Closed—Ex. F.R. 28710 (1972), and Sections 2.105, 1) 1. Is the proposed collection of 2.700, 2.702, 2.714, 2.714a, 2.717 and information necessary for the NRC to 2.721 of the Commission’s Regulations, Wednesday, October 16 properly perform its functions? Does the all as amended, an Atomic Safety and 9:00 a.m. information have practical utility? Licensing Board is being established in Briefing on Containment Degradation 2. Is the burden estimate accurate? the following proceeding to rule on (Public Meeting) 3. Is there a way to enhance the petitions for leave to intervene and/or Contact: Goutam Bagchi, 301–415–2733) quality, utility, and clarity of the 11:00 a.m. requests for hearing and to preside over Briefing by Executive Branch (Closed—Ex. information to be collected? the proceeding in the event that a 4. How can the burden of the 1) hearing is ordered. 2:00 p.m. information collection be minimized, Briefing PRA Implementation Plan (Public including the use of automated Northern States Power Company Meeting) collection techniques or other forms of (Independent Spent Fuel Storage (Contact: Gary Holahan, 301–415–2884) information technology? Installation) Thursday, October 17 A copy of the draft supporting statement This Board is being established 10:30 a.m. and 1:30 p.m. may be viewed free of charge at the NRC All Employees Meetings (Public Meetings) Public Document Room, 2120 L Street pursuant to a notice published by the Commission on September 17, 1996, in on ‘‘The Green’’ Plaza Area between NW, (lower level), Washington, DC. buildings at White Flint Members of the public who are in the the Federal Register (61 FR 48989). The Washington, DC, area can access this proceeding involves an application by Friday, October 18 document via modem on the Public the Northern States Power Company for 9:00 a.m. Document Room Bulletin Board (NRC’s the issuance of a license for the storage Briefing on Integrated Safety Assessment Advanced Copy Document Library), of spent fuel under the provisions of 10 Team Inspection (ISAT) at Maine Yankee (Public Meeting) NRC subsystem at FedWorld, 703–321– C.F.R. Part 72. The license, if granted, would authorize the applicant to store (Contact: Ed Jordan, 301–415–7472) 3339. Members of the public who are 10:30 a.m. located outside of the Washington, DC, spent fuel in a dry storage cask system at an off-site independent spent fuel Affirmation Session (Public Meeting) (if area can dial FedWorld, 1–800–303– needed) storage installation. 9672, or use the FedWorld Internet Week of October 21—Tentative address: fedworld.gov (Telnet). The The Board is comprised of the document will be available on the following administrative judges: There are no meetings scheduled for the Week of October 21. bulletin board for 30 days after the Charles Bechhoefer, Chairman, Atomic signature date of this notice. If Safety and Licensing Board Panel, Week of October 28—Tentative assistance is needed in accessing the U.S. Nuclear Regulatory Commission, There are no meetings scheduled for the document, please contact the FedWorld Washington, D.C. 20555 Week of October 28. Frederick J. Shon, Atomic Safety and help desk at 703–487–4608. Additional Week of November 4—Tentative assistance in locating the document is Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, There are no meetings scheduled for the available from the NRC Public Week of November 4. Document Room, nationally at 1–800– D.C. 20555 397–4209, or within the Washington, Thomas D. Murphy, Atomic Safety and The schedule for Commission DC, area at 202–634–3273. Licensing Board Panel, U.S. Nuclear meetings is subject to change on short Comments and questions about the Regulatory Commission, Washington, notice. To verify the status of meetings information collection requirements D.C. 20555 call (recording)—(301) 415–1292. may be directed to the NRC Clearance All correspondence, documents and CONTACT PERSON FOR MORE INFORMATION: Officer, Brenda Jo. Shelton, U.S. Nuclear other materials shall be filed with the Bill Hill, (301) 415–1661. Regulatory Commission, T–6 F33, Judges in accordance with 10 CFR ADDITIONAL INFORMATION: By a vote of 5– Washington, DC, 20555–0001, by 2.701. 0 on October 9, the Commission 53984 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices determined pursuant to U.S.C. 552b(e) collected; and, ways to minimize the will attend the closed meeting. Certain and 10 CFR Sec. 9.107(a) of the burden of the collection of information staff members who have an interest in Commission’s rules that ‘‘Affirmation of on those who are to respond, including the matters may also be present. Yankee Atomic Electric Company through the use of automated collection The General Counsel of the (Yankee Nuclear Power Station), Docket techniques, when appropriate, and other Commission, or his designee, has No. 50–029–DCOM’’ be held on October forms of information technology. certified that, in his opinion, one or 9, and on less than one week’s notice to Comments on this form should be more of the exemptions set forth in 5 the public. addressed to Victoria Becker Wassmer, U.S.C. 552b(c)(4), (8), (9)(A) and (10) The NRC Commission Meeting Schedule Desk Officer, Office of Management and and 17 CFR 200.402(a)(4), (8), (9)(i) and can be found on the Internet at: Budget, NEOB, Washington, DC 20503. (10), permit consideration of the scheduled matters at the closed meeting. http://www.nrc.gov/SECY/smj/ Information Collection Abstract schedule.htm Commissioner Hunt, as duty officer, Title: Fellows Program Alumni voted to consider the items listed for the This notice is distributed by mail to Questionnaire. closed meeting in a closed session. several hundred subscribers; if you no Need for and use of the Information: The subject matter of the closed longer wish to receive it, or would like This form is completed voluntarily by meeting scheduled for Wednesday, to be added to it, please contact the individuals who have completed October 16, 1996, at 10:00 a.m., will be: Office of the Secretary, Attn: Operations graduate study as part of the Peace Institution and settlement of Branch, Washington, D.C. 20555 (301– Corps Fellows Program. The injunctive actions. 415–1661). information provided by the Institution and settlement of In addition, distribution of this respondents is necessary for evaluating administrative proceedings of an meeting notice over the internet system the quality of individual programs, for enforcement nature. is available. If you are interested in determining whether graduates of At times, changes in Commission receiving this Commission meeting education programs have remained in priorities require alterations in the schedule electronically, please send an teaching, and for seeking future funding. scheduling of meeting items. For further electronic message to [email protected] or Programmatic information will be information and to ascertain what, if [email protected]. disseminated to individual programs any, matters have been added, deleted Dated: October 11, 1996. and portions of the data collected will or postponed, please contact: William M. Hill, Jr., be incorporated into grant proposals. The Office of the Secretary at (202) SECY Tracking Officer, Office of the Respondents: Peace Corps Fellows 942–7070. Secretary. Program Alumni only. Dated: October 11, 1996. [FR Doc. 96–26678 Filed 10–11–96; 2:46 pm] Respondents obligation to reply: Jonathan G. Katz, Voluntary. BILLING CODE 7590±01±M Secretary. Burden on the Public: [FR Doc. 96–26590 Filed 10–11–96; 8:45 am] a. Annual reporting burden: 750 hrs b. Annual record keeping burden: 0 BILLING CODE 8010±01±M PEACE CORPS hrs Information Collection Requests Under c. Estimated average burden per [Release No. 34±37797; File No. SR±NASD± OMB Review response: 45 min 96±32] d. Frequency of response: one time ACTION: Notice of public use form e. Estimated number of likely Self-Regulatory Organizations; Notice review request to the Office of respondents: 1,000 of Filing and Order Granting Management and Budget. f. Estimated cost to respondents: Accelerated Approval of Proposed $9.13 Rule Change by National Association SUMMARY: Pursuant to the Paperwork This notice is issued in Washington, DC on of Securities Dealers, Inc. Relating to Reduction Act of 1981 (44 USC, Chapter October 10, 1996. Availability of Disciplinary Complaints 35), the Peace Corps has submitted to Bessy Kong, and Disciplinary Decisions Upon the Office of Management and Budget a Acting Associate Director for Management. Request request to approve the use of Fellows Program Alumni Questionnaire to be [FR Doc. 96–26426 Filed 10–15–96; 8:45 am] October 9, 1996. used by Peace Corps Fellows Program. BILLING CODE 6051±01±M Pursuant to Section 19(b)(1) of the A copy of the information collection Securities Exchange Act of 1934 may be obtained from Frances Bond, (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is Peace Corps Fellows Program, 1990 K SECURITIES AND EXCHANGE hereby given that on October 2, 1996, Street, NW, Washington DC 20526. Dr. COMMISSION NASD Regulation, Inc. (‘‘NASDR’’) filed Bond may be contacted at (202) 606– with the Securities and Exchange Sunshine Act Meeting 9496. Peace Corps invites comments on Commission (‘‘SEC’’ or ‘‘Commission’’) whether the proposed collection of Notice is hereby given, pursuant to the proposed rule change as described information is necessary for proper the provisions of the Government in the in Items I, II, and III below, which Items performance of the functions of the Sunshine Act, Pub. L. 94–409, that the have been prepared by NASDR.1 The Peace Corps Fellows Program, including Securities and Exchange Commission whether the information will have will hold the following meeting during 1 The NASD initially submitted the filing on August 6, 1996. On September 19, 1996, the NASD practical use; the accuracy of the the week of October 14, 1996. filed Amendment No. 1 with the Commission. See agency’s estimate of the burden of the A closed meeting will be held on letter from Alden S. Adkins, Vice President and proposed collection of information, Wednesday, October 16, 1996, at 10:00 General Counsel, NASD, Inc., to Katherine A. including the validity of the a.m. England, Assistant Director, Division of Market Regulation, SEC (September 19, 1996). On October methodology and assumptions used; Commissioners, Counsel to the 2, 1996, NASDR filed Amendment No. 2 with the ways to enhance the quality, utility and Commissioners, the Secretary to the Commission. See letter from Suzanne E. Rothwell, clarity of the information to be Commission, and recording secretaries Associate General Counsel, NASD Regulation, Inc., Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53985

Commission is publishing this notice to decision issued by the Association or associated persons available to the solicit comments on the proposed rule any subsidiary or Committee thereof; public through the Central Registration change from interested persons. For the provided, however, that each copy of: Depository (‘‘CRD’’) maintained by the reasons discussed below, the (1) a disciplinary complaint shall be NASD.2 This Program provides Commission is granting accelerated accompanied by a statement that the investors, customers and the press with approval of the proposed rule change. issuance of a disciplinary complaint access to a number of categories of represents the initiation of a formal information on an NASD member or any I. Self-Regulatory Organization’s proceeding by the Association in which of the member’s associated persons, Statement of the Terms of Substance of findings as to the allegations in the which are provided to inquiring persons the Proposed Rule Change complaint have not been made and does in synopsis form. Subsequent to the NASDR is proposing to amend the not represent a decision as to any of the establishment of the Program, the Interpretation on the Release of allegations contained in the complaint; Securities Enforcement Remedies and Disciplinary Information, IM–8310–2 of (2) a disciplinary decision that is Penny Stock Reform Act of 1990 3 the Procedural Rules of the National released prior to the expiration of the mandated that the NASD implement a Association of Securities Dealers, Inc. time period provided under the Code of toll-free telephone number to provide (‘‘NASD’’ or ‘‘Association’’), to permit Procedure for appeal or call for review employment history and disciplinary the Association to provide a copy of any within the Association or while such an information about members and disciplinary complaint or disciplinary appeal or call for review is pending, associated persons to inquiring persons. decision upon request and to require shall be accompanied by a statement The NASD complied with this mandate that such copy be accompanied by a that the findings and sanctions imposed in April 1992 and, since that time, has disclosure statement in certain in the decision may be increased, made periodic improvements to the circumstances. Below is the text of the decreased, modified, or reversed by the Program to expand the scope of proposed rule change. Proposed new Association; information available upon request. One language is italicized; proposed (3) a final decision of the Association of these improvements included the deletions are in brackets. that is released prior to the time period release of information through the provided under the Securities Exchange Program of information on pending IM–8310–2. Release of Disciplinary Act of 1934 for appeal to the NASD disciplinary proceedings, which Information Commission or while such an appeal is includes providing a synopsis of NASD (a) The Association shall, in response pending, shall be accompanied by a disciplinary complaints 4 and to a written inquiry or telephonic statement that the findings and disciplinary decisions on appeal to the inquiry via a toll-free telephone listing, sanctions of the Association are subject National Business Conduct Committee release certain information as contained to review and modification by the (‘‘NBCC’’). in its files regarding the employment Commission; and Those individuals, including the and disciplinary history of members and (4) a final decision of the Association press, who are aware of the availability their associated persons, including that is released after the decision is of information through CRD may obtain information regarding past and present appealed to the Commission shall be a description in synopsis form of any employment history with Association accompanied by a statement as to disciplinary complaint or disciplinary members; all final disciplinary actions whether the effectiveness of the decision issued by the Association with taken by federal or state or foreign sanctions has been stayed pending the respect to any member or associated securities agencies or self-regulatory outcome of proceedings before the person of a member by requesting the organizations that relate to securities or Commission. synopsis from CRD through the NASD’s commodities transactions; all pending Current paragraphs (b) through (k) are toll-free telephone number or by making disciplinary actions that have been redesignated (c) through (l). a written inquiry. Such persons taken by federal or state securities sometimes, as part of their inquiry, II. Self-Regulatory Organization’s request a complete copy of the agencies or self-regulatory organizations Statement of the Purpose of, and that relate to securities and commodities disciplinary complaint or decision from Statutory Basis for, the Proposed Rule the Association. Under the transactions and [have been] are Change required to be reported on Form BD or Interpretation on the Release of U–4 and all foreign government or self- In its filing with the Commission, Disciplinary Information (‘‘Rule’’), IM– regulatory organization disciplinary NASDR included statements concerning 8130–2,5 NASD Regulation provides actions that are securities or the purpose of and basis for the notification to the membership and the commodities related and are required to proposed rule change and discussed any press of significant disciplinary be reported on Form BD or U–4; and all comments it received on the proposed decisions when time for appeal and call criminal indictments, informations or rule change. The text of these statements for review has expired, but the Rule convictions that are required to be may be examined at the places specified does not specifically authorize the reported on Form BD or Form U–4. The in Item III below. NASDR has prepared Association to provide copies of any Association will also release summaries, set forth in Sections (A), (B), disciplinary complaint or disciplinary information concerning civil judgments and (C) below, of the most significant 2 and arbitration decisions in securities aspects of such statements. See Notice to members 93–37 (June 1993). 3 Public Law 101–429, 104 Stat. 931 (1990). and commodities disputes involving (A) Self-Regulatory Organization’s 4 This rule change addresses only ‘‘disciplinary public customers. Statement of the Purpose of, and complaints,’’ not ‘‘customer complaints.’’ (b) The Association shall, in response Statutory Basis for, the Proposed Rule 5 The Interpretation was previously cited as to a request, release to the requesting Change ‘‘Resolution of the Board of Governors—Notice to party a copy of any identified Membership and Press of Suspensions, Expulsions, (a) In 1988, the NASD established a Revocations, and Monetary Sanctions and Release disciplinary complaint or disciplinary Public Disclosure Program (‘‘Program’’) of Certain Information Regarding Disciplinary History of Members and Their Associated Persons’’ to Katherine A. England, Assistant Director, that, among other things, makes certain and appeared after paragraph 2301 of the NASD Division of Market Regulation, SEC (October 2, types of federal and state disciplinary Manual, following Article V, Section 1 of the Rules 1996). information on NASD members and of Fair Practice. 53986 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices decision, in its entirety, upon request. forth in subparagraphs (b)(1)–(4) in the Commission would be required to be As a matter of practice, the staff has not order to advise the recipient of the accompanied by a statement that the provided copies of disciplinary status of the disciplinary action. In effectiveness of the decision has or has complaints in response to requests. In particular, NASDR is concerned that not been stayed pending the outcome of contrast, the Association has, however, recipients of a copy of a disciplinary proceedings before the Commission. maintained a policy since 1994 of complaint understand that the issuance This language is drawn from current providing complete copies of of a complaint does not represent a paragraph (g) of the Rule. disciplinary decisions upon request, decision as to any of the allegations NASDR is also proposing to amend pursuant to an interpretation of contained in the complaint. The paragraph (a) of the Rule. Currently, the paragraph (a) of the Rule, which permits proposed rule change, therefore, would provision appears to prevent the Association to release information require that any copy of a disciplinary information from being provided upon request regarding ‘‘* * * all complaint be accompanied by a through the Program if it has not been pending disciplinary actions * * * .’’ statement that the issuance of a reported on Form BD or U–4, even Such decisions that are issued by a complaint represents the initiation of a though Form BD or U–4 would require District Business Conduct Committee or formal proceeding by the Association in the reporting of such information. This the Market Surveillance Committee which findings as to the allegations in was not the intent of the current rule prior to the expiration of the time the complaint have not been made and language. NASDR is, therefore, during which the decision can be that this issuance does not represent a proposing to amend the provision to appealed or called for review within the decision as to any of the allegations clarify that information provided Association are accompanied by a contained in the complaint. Moreover, through the Program is that information statement that the findings and disciplinary decisions are issued at the that is required to be reported on Form sanctions could be increased, decreased, initial hearing level and at a number of BD or U–4, regardless of whether the or modified by the Association if the appellate review levels of the information is actually provided to the matter is appealed to the NBCC or called organization. It is important, therefore, NASD on these forms. for review. that a recipient of a disciplinary (b) NASDR believes that the proposed NASDR is proposing to amend the decision be advised when a decision is rule change is consistent with the Rule to adopt new paragraph (b) to not considered final by the Association provisions of Section 15A(b)(6) 7 of the clarify that the Association shall because the time for the respondent to Act in that the proposed rule change to provide, on request, copies of any NASD appeal the matter or the time for a permit the Association to provide copies disciplinary complaint and disciplinary reviewing body of the Association to of NASD disciplinary complaints and decision. In making a request for a call the matter for review has not disciplinary decisions to persons upon disciplinary complaint, the proposed expired, or the review of a matter is request will protect investors and the rule change requires that the requesting pending. The proposed rule change public interest by providing more party ‘‘identify’’ the disciplinary provides, therefore, that any copy of a complete information to such persons complaint or decision that is being disciplinary decision issued pursuant to than currently can be obtained from the requested. This language is intended to the Code of Procedure prior to the synopsis of disciplinary complaints and prevent requests for ‘‘all complaints’’ or decisions that is provided by the 6 expiration of the time for appeal to or ‘‘all decisions’’ of the Association. The call for review within the Association Program. language requiring that the party (i.e., by, as applicable, the NBCC, Board ‘‘identify’’ the complaint or decision (B) Self-Regulatory Organization’s of Directors of NASD Regulation, or request will be satisfied where the Statement on Burden on Competition Board of Governors of the Association) requesting party identifies a particular or released while such an appeal or NASDR does not believe that the broker/dealer or a particular associated review is pending, would be required to proposed rule change will result in any person that is a respondent in an NASD be accompanied by a statement that the burden on competition that is not disciplinary action (although the date of findings and sanctions imposed in the necessary or appropriate in furtherance any action may not be known) or decision may be increased, decreased, of the purposes of the Act, as amended. identifies the issue or rule that is the modified, or reversed by the Association subject of a complaint (where the (C) Self-Regulatory Organization’s if the matter is appealed or called for identity of the member is not known). Statement on Comments on the review. This language is consistent with Although a request may identify a time Proposed Rule Change Received From the disclosures that currently are being period when the requested complaint or Members, Participants, or Others provided with respect to decisions decision was issued, it would be Written comments were neither issued by a District Business Conduct permissible for the requesting party to solicited nor received. Committee or Market Surveillance obtain a copy of all complaints and Committee prior to the expiration of the III. Solicitation of Comments decisions related to an identified time for appeal or call for review, or broker/dealer or associated person Interested persons are invited to while an appeal is pending. without reference to a time period. submit written data, views, and In addition, the proposed rule change Similarly, any copy of a final decision arguments concerning the foregoing. would require that copies of of the Association released prior to the Persons making written submissions disciplinary complaints and decisions expiration of the time period for the should file six copies thereof with the be accompanied by certain disclosures, filing of an appeal to the SEC or while Secretary, Securities and Exchange in certain circumstances, that are set such an appeal is pending would be Commission, 450 Fifth Street, N.W., required to be accompanied by a Washington, D.C. 20549. Copies of the 6 The NASD believes that omnibus requests by statement that the findings and submission, all subsequent commercial organizations for copies of all sanctions of the Association are subject amendments, all written statements complaints and decisions for a particular year, for to review by the Commission if the with respect to the proposed rule example, would impose a considerable burden on NASDR, impeding the organization’s ability to decision is appealed. Finally, any copy change that are filed with the respond to the individual requests of the investing of a final decision of the Association public. released after the decision is appealed to 7 15 U.S.C. 78o–3. Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53987

Commission, and all written rule change would benefit the investing Type of Request: Extension of communications relating to the public by providing more complete Currently Approved Collections. proposed rule change between the disclosure of information related to Form No.: N/A. Commission and any person, other than disciplinary complaints and Description of Respondents: those that may be withheld from the disciplinary decisions. Supplying this Individuals seeking a reconsideration of public in accordance with the additional information would benefit a declined business loan. provisions of 5 U.S.C. 552, will be the subject of the complaint as well; Annual Responses: 1,800. available for inspection and copying in instead of disseminating a synopsis, Annual Burden: 3,600. the Commission’s Public Reference lacking detail, a full account of the SUPPLEMENTAL INFORMATION: Room. Copies of such filing will also be circumstances would be made available. available for inspection and copying at Based on the foregoing, the Title: ‘‘Reporting and Recordkeeping the principal office of the NASD. All Commission deems it appropriate to Requirements for Lenders’’. Type of Request: Extension of submissions should refer to the file approve the proposed rule change on an Currently Approved Collections. number in the caption above and should accelerated basis, pursuant to Section 19 of the Act and the rules and regulations Form No.: N/A. be submitted by [insert date 21 days Description of Respondents: Small from the date of publication]. thereunder.9 It is therefore ordered, pursuant to Business Lenders. Annual Responses: 2,410. IV. Commission’s Findings and Order Section 19(b)(2) of the Act,10 that the Granting Accelerated Approval of proposed rule change SR–NASD–96–32 Annual Burden: 2,410. COMMENTS: Proposed Rule Change be, and hereby is, approved. Send all comments regarding NASDR has requested that the For the Commission, by the Division of these information collections to Michael Commission find good cause pursuant Market Regulation, pursuant to delegated J. Dowd, Director, Office of Loan to Section 19(b)(2) of the Act, for authority, 17 CFR 200.30–3(a)(12). Programs, Small Business approving the proposed rule change Margaret H. McFarland, Administration, 409 3rd Street, S.W., prior to the 30th day after publication in Deputy Secretary. Suite 8300, Washington, D.C. 20416. the Federal Register. The Commission [FR Doc. 96–26396 Filed 10–15–96; 8:45 am] Phone No.: 202–205–6660. Send comments regarding whether has reviewed the NASDR’s proposed BILLING CODE 8010±01±M rule change and believes, for reasons set these information collections are forth below, that the proposal is necessary for the proper performance of the function of the agency, accuracy of consistent with the requirements of the SMALL BUSINESS ADMINISTRATION Act and the rules and regulations burden estimate, in addition to ways to thereunder applicable to the NASD. Data Collection Available for Public minimize this estimate, and ways to Specifically, the Commission believes Comments and Recommendations enhance the quality. the proposal is consistent with Section SUPPLEMENTAL INFORMATION: ACTION: Notice and request for 15A(b)(6) of the Act, which provides in comments. Title: ‘‘Amendments to License pertinent part that the rules of the Application’’. association be designed to foster SUMMARY: In accordance with the Type of Request: Extension of cooperation and coordination with Paperwork Reduction Act of 1995, this Currently Approved Collections. persons engaged in regulating, clearing, notice announces the Small Business Form No.: SBA Form 415C. settling, processing information with Administration’s intentions to request Description of Respondents: Small respect to, and facilitating transactions approval on a new, and/or currently Business Investment Companies. in securities and not to permit unfair approved information collection. Annual Responses: 1,256. discrimination among customers, DATES: Comments should be submitted Annual Burden: 314. issuers, brokers or dealers. on or before December 16, 1996. COMMENTS: Send all comments regarding The Commission finds good cause, FOR FURTHER INFORMATION CONTACT: this information collection to Thomas pursuant to Section 19(b)(2) of the Act, Curtis B. Rich, Management Analyst, Bresnan, Chief Administration Officer, for approving the proposed rule change Small Business Administration, 409 3rd Office of Borrower and Lender prior to the 30th day after publication in Street, S. W., Suite 5000, Washington, Servicing, Small Business the Federal Register.8 Paragraph (a) of D.C. 20416. Phone Number: 202–205– Administration, 409 3rd Street, S.W., IM–8310–2 permits the Association to 6629. Suite 8300, Washington, D.C. 20416. release information on ‘‘all pending Phone No. 202–205–6514. disciplinary actions that have been SUPPLEMENTAL INFORMATION: Send comments regarding whether taken by federal or state securities Title: ‘‘Reporting and Recordkeeping this information collection is necessary agencies or self-regulatory organizations Requirements on Small Business for the proper performance of the that relate to securities and commodities Lending Companies’’. function of the agency, accuracy of transactions * * *’’ in response to a Type of Request: Extension of burden estimate, in addition to ways to request. NASDR believes that this Currently Approved Collections. minimize this estimate, and ways to provision permits the Association, upon Form No.: N/A. enhance the quality. request, to release copies of its Description of Respondents: Small disciplinary complaints and decisions, Business Lending Companies. SUPPLEMENTAL INFORMATION: as well as, providing, on request, a Annual Responses: 16. Title: ‘‘Disaster Home/Business Loan synopsis of such complaints and Annual Burden: 960. Inquiry Record’’. decisions based on the information in SUPPLEMENTAL INFORMATION: Type of Request: Extension of the CRD. The proposed rule change Currently Approved Collections. would codify this interpretation of Title: ‘‘Business Loan Reconsideration Form No.: SBA Form 700. Paragraph (a) of the Rule. The Request’’. Description of Respondents: Commission believes that the proposed Applicants for SBA Disaster Assistance 9 15 U.S.C. 78o–3. as a result of Administratively declared 8 See, supra, note 1. 10 15 U.S.C. 78s(b)(2). disasters. 53988 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

Annual Responses: 3,005. economic injury the deadline is June 6, and flash flooding beginning on Annual Burden: 751. 1997. September 5, 1996 and continuing COMMENTS: Send all comments regarding (Catalog of Federal Domestic Assistance In addition, applications for economic this information collection to Bridget Program Nos. 59002 and 59008.) injury loans from small businesses Dusenbury Disaster Resource Specialist, Dated: October 8, 1996. located in the contiguous Counties of Office of Disaster Assistance, Small Bernard Kulik, Essex, Northumberland, Powhatan, and Business Administration, 409 3rd Street, Associate Administrator for Disaster Richmond in the Commonwealth of S.W. Suite 6050 Washington, D.C. Assistance. Virginia may be filed until the specified 20416. Phone No.: 202–205–6734. Send [FR Doc. 96–26442 Filed 10–15–96; 8:45 am] date at the previously designated location. comments regarding whether this BILLING CODE 8025±01±M information collection is necessary for Any counties contiguous to the above- the proper performance of the function named counties and not listed herein of the agency, accuracy of burden [Declaration of Disaster Loan Area #2896; have been previously declared. estimate, in addition to ways to Amendment #2] All other information remains the minimize this estimate, and ways to same, i.e., the termination date for filing Puerto Rico; Declaration of Disaster enhance the quality. applications for physical damage is Loan Area November 6, 1996, and for loans for SUPPLEMENTAL INFORMATION: In accordance with notices from the economic injury the deadline is June 9, Title: ‘‘Lender Transcript of Account’’. Federal Emergency Management 1997. Type of Request: Extension of Agency, dated September 11 and (Catalog of Federal Domestic Assistance Currently Approved Collections. October 2, 1996, the above-numbered Program Nos. 59002 and 59008.) Form No.: SBA Form 1149. Declaration is hereby amended to Dated: October 8, 1996. Description of Respondents: SBA include the Municipalities of Juana Guaranty Lenders. Bernard Kulik, Diaz, Manati, and Trujillo Alto in the Associate Administrator for Disaster Annual Responses: 4,073. Commonwealth of Puerto Rico as a Annual Burden: 4,073. Assistance. disaster area due to damages caused by [FR Doc. 96–26440 Filed 10–15–96; 8:45 am] COMMENTS: Send all comments regarding Hurricane Hortense. This Declaration is BILLING CODE 8025±01±P this information collection to Annie further amended to establish the McCluney, Program Analyst, Office of incident period for this disaster as Borrower and Lender Servicing, Small beginning on September 9, 1996 and Business Administration, 409 3rd Street, continuing through September 11, 1996. TENNESSEE VALLEY AUTHORITY S.W., Suite 8300 Washington, D.C. All contiguous municipalities have 20416. Phone No.: 202–205–7545. Send been previously declared. Environmental Impact Statement: comments regarding whether this All other information remains the Lignite Power Generation Facility, information collection is necessary for same, i.e., the termination date for filing Choctaw County, MS the proper performance of the function applications for physical damage is of the agency, accuracy of burden November 11, 1996, and for loans for AGENCY: Tennessee Valley Authority. estimate, in addition to ways to economic injury the deadline is June 11, ACTION: Notice of Intent. minimize this estimate, and ways to 1997. enhance the quality. SUMMARY: The Tennessee Valley (Catalog of Federal Domestic Assistance Dated: October 9, 1996. Program Nos. 59002 and 59008.) Authority (TVA) will prepare an environmental impact statement (EIS) Jacqueline White, Dated: October 8, 1996. for a proposed surface lignite coal mine Chief, Administrative Information Branch. Bernard Kulik, and associated 400 megawatt (MW) [FR Doc. 96–26443 Filed 10–15–96; 8:45 am] Associate Administrator for Disaster lignite coal-fired power plant at a BILLING CODE 8025±01±P Assistance. location near the City of Ackerman in [FR Doc. 96–26441 Filed 10–15–96; 8:45 am] Choctaw County in northeastern BILLING CODE 8025±01±M [Declaration of Disaster Loan Area #2894; Mississippi. TVA’s proposed actions are Amendment #2] the purchase of all or part of the electric [Declaration of Disaster Loan Area #2895; power output of the proposed power North Carolina; Declaration of Disaster Amendment #2] plant and interconnecting the plant with Loan Area the TVA power system. The power plant Virginia; Declaration of Disaster Loan will be owned by a joint venture of the In accordance with a notice from the Area Phillips Coal Company and CRSS, Inc. Federal Emergency Management Agency, effective October 2, 1996, the In accordance with notices from the DATES: Comments on the scope of the above-numbered Declaration is hereby Federal Emergency Management EIS must be postmarked no later than amended to include Rockingham Agency, dated September 27 and November 15, 1996. TVA will conduct County in the State of North Carolina as October 2, 1996, the above-numbered a public meeting in the Ackerman, a disaster area due to damages caused Declaration is hereby amended to Mississippi area to discuss the project by Hurricane Fran beginning on include the Counties of Albemarle, and obtain comments on the scope of September 5, 1996 and continuing. Botetourt, Cumberland, and the EIS. The location and time of this All counties contiguous to the above- Westmoreland, and the Independent meeting are described below in the named county have been previously City of Charlottesville in the Scoping Process section. declared. Commonwealth of Virginia as a disaster ADDRESSES: Written comments should All other information remains the area due to damages caused by be sent to Charles P. Nicholson, same, i.e., the termination date for filing Hurricane Fran and associated severe National Environmental Policy Act applications for physical damage is storm conditions, including high winds, Specialist, Tennessee Valley Authority, November 4, 1996, and for loans for tornadoes, wind driven rain, and river mail stop: WT 8C, 400 West Summit Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53989

Hill Drive, Knoxville, Tennessee 37902– planned by the State of Mississippi. plans, and lignite coal transport 1499. Comments may also be e-mailed Although the EcoPlex is not part of methods may be considered. TVA to [email protected]. TVA’s proposed action, this EIS will invites the public to comment on the FOR FURTHER INFORMATION CONTACT: assess appropriate cumulative impacts proposed action and any or all of the Charles Bach, Tennessee Valley of the power plant, mine and EcoPlex. alternatives suggested above or to Authority, mail stop: CTR 1D, Muscle The EcoPlex could also supply the suggest other possible alternatives. mine-power plant complex with water Shoals, Alabama 35662–1010. E-mail Scoping Process may be sent to [email protected]. and waste disposal services. The EcoPlex would combine various Scoping, which is integral to the EIS SUPPLEMENTARY INFORMATION: manufacturing, energy production, and process, is a procedure that solicits TVA’s Integrated Resource Plan service businesses at a common location public input to the EIS process to ensure to help achieve the highest levels of that: (1) issues are identified early and In TVA’s Integrated Resource Plan efficiency in terms of energy properly studied; (2) issues of little and Final Environmental Impact consumption and joint feedstock/waste significance do not consume substantial Statement, Energy Vision 2020, issued utilization. The types of industries that time and effort; (3) the EIS is thorough in December 1995, TVA evaluated the might best be suited for this type and balanced; and (4) delays caused by need for additional energy resources to industrial park in northeastern an inadequate EIS are avoided. TVA’s meet customer demands in the TVA Mississippi include: newsprint and procedures implementing the National region and recognized that Independent other paper and wood products Environmental Policy Act require that Power Producers such as this project manufacturing and recycling industries; the scoping process commence after a could fulfill part of the projected needs. food processing; various recycling decision has been reached to prepare an Project Description industries; industries that use gypsum EIS in order to provide an early and as feedstock, such as manufacturers of open process for determining the scope A joint venture consisting of CRSS, wallboard, cement, and agrichemicals; of issues to be addressed and for Inc. and Phillips Coal Company brick and ceramic manufacturers; identifying the significant issues related submitted a proposal to TVA for the sale specialized aqua-and agriculture to a proposed action. The scope of of the total electric power output from industries; and transportation fuel issues to be addressed in an EIS will be the 400 MW power plant. The power manufacturers. determined, in part, from written plant would use two circulating comments submitted by mail, and fluidized bed generating units and burn Proposed Issues to be Addressed comments presented orally or in writing lignite coal from an adjacent deposit. The EIS will discuss the need for the at a public scoping meeting. The Phillips Coal Company owns the proposed project and describe the preliminary identification of reasonable rights to extensive lignite coal deposits existing environmental, cultural, alternatives and environmental issues in northeastern Mississippi. Its recreational, and socioeconomic provided in this notice is not meant to proposed North Chester Mine would be resources. It will describe the plant be exhaustive or final. TVA considers designed to produce in excess of three siting and location process, the scoping process to be open and million tons per year of lignite coal for transportation methods for coal and dynamic in the sense that alternatives a period of 30 years to supply the power other raw materials, mining methods other than those given above may plant. The mine is expected to be a and their potential environmental warrant study and new matters may be surface mine that will use draglines and impacts. Mine reclamation plans will be identified for potential evaluation. a truck and shovel operation to remove discussed as will environmental The scoping process will include both the overburden, mine the lignite coal, impacts resulting from construction, interagency and public scoping. The and reclaim the site. The lignite coal operation, and maintenance of the agencies expected to participate in would likely be transported to the proposed facilities; specifically, impacts interagency scoping include the power plant by truck and/or overland to air quality, surface and ground water National Park Service, U.S. Army Corps conveyor. Over the life of the mine, quality and resources, vegetation, of Engineers, U.S. Fish and Wildlife about 4,275 acres would be disturbed wildlife, aquatic ecology, endangered Service, and various State of Mississippi and reclaimed. and threatened species, wetlands and agencies including the Department of TVA would connect the power plant wetland wildlife, aesthetics and visual Environmental Quality, Department of to the TVA power distribution system resources, land use, cultural and Wildlife, Fisheries, and Parks, the by building a 161-kV, two-circuit, loop historic resources, light, and noise. Department of Economic and connection to the existing Sturgis- These concerns and other important Community Development, State Historic Eupora 161-kV transmission line and a issues identified during the scoping Preservation Office of the Department of 161-kV connection to the existing process as well as engineering and Archives and History, and other federal, Louisville substation. These economic considerations will be used to state and local agencies as appropriate. connections would be about 5 and 25 select a preferred power plant location The public is invited to submit miles long, respectively. near the North Chester Mine, mine plan, written comments or e-mail comments In addition, a rail loop off of the and other plant processes as on the scope of this EIS no later than the Kansas City Southern and/or Columbus appropriate. date given under the DATES section of and Greenville railroads, a natural gas this notice and/or attend the public pipeline tap and lateral from nearby Alternatives scoping meeting. TVA will conduct a existing natural gas pipelines, and a In addition to the proposed public meeting on the scope of the EIS water well field and pipeline may also alternative of purchasing all or part of in Ackerman, Mississippi on Tuesday, be part of the project. the electric power output from the October 29, 1996. The meeting will be Although not part of the power plant power plant, TVA will also consider a held at Ackerman High School, which is or lignite coal mine that are the subjects ‘‘no action’’ alternative which would be located at 280 East Main Street. of this EIS, it is anticipated that the not to purchase the output from the Registration for the meeting will be from power plant would be located in an plant. In addition, alternative power 6:00 to 6:30 p.m. with the meeting ‘‘EcoPlex’’ industrial park being plant designs, mining and reclamation beginning at 6:30 p.m. There will be 53990 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices visual displays and information Executive Office Building, Room 10202, a direct carrier to provide air handouts available during the Washington, D.C. 20503. If you transportation and that it has also registration period. The meeting will anticipate submitting substantive entered into agreements with begin with brief presentations by comments, but find that more than 10 Department-approved financial representatives of TVA, Phillips Coal days from the date of publication are institutions for the protection of the Company and CRSS, Inc. explaining the needed to prepare them, please notify charter participants’ funds. The proposed project and the EIS process. the OMB official of your intent prospectus must be approved by the Following this presentation there will immediately. Department prior to the operator’s be small group discussions facilitated by FOR FURTHER INFORMATION CONTACT: advertising, selling or operating the TVA staff to record the issues and Copies of the DOT information charter. The forms (OST Forms 4532, concerns that the public believes should collection requests submitted to OMB 4533, 4534 and 4535) that comprise the be considered in the EIS. may be obtained from Mr. Scott Keller operator’s filing is the information Upon consideration of the scoping or Mr. Charles McGuire, Office of the collection at issue here. comments, TVA will develop Secretary, Office of Aviation Analysis, In September 1992, the Department alternatives and identify important X–57, Department of Transportation, at issued a notice of proposed rulemaking environmental issues to be addressed in the address above. Telephone: (202) (NPRM) [57 FR 42864, 9–16–92] to the EIS. Following analysis of the 366–1031/4534. propose, among other revisions, that charter operators need no longer file environmental consequences of each SUPPLEMENTARY INFORMATION: Section alternative, TVA will prepare a draft EIS 3507 of Title 44 of the United States prospectuses. The NPRM was in for public review and comment. Notice Code, as adopted by the Paperwork response to comments that prospectus of availability of the draft EIS will be Reduction Act of 1995, requires that filings were burdensome and published by the Environmental agencies prepare a notice for publication unnecessary. However, the majority of Protection Agency in the Federal in the Federal Register, listing those respondents to the NPRM have urged Register. TVA will solicit written information collection requests the Department to retain the existing comments on the draft EIS, and submitted to OMB for approval or prospectus filing requirements. They information about possible public renewal under that Act. OMB reviews desire the more complete consumer meetings to comment on the draft EIS and approves agency submissions in protection provided by the current rule. will be announced. TVA expects to accordance with criteria set forth in that Without a complete prospectus it would release a final EIS by September 1998. Act. In carrying out its responsibilities, be extremely difficult to assure that Dated: October 7, 1996. OMB also considers public comments financial security and other consumer protection requirements are in place for Kathryn J. Jackson, on the proposed forms and the reporting and recordkeeping requirements. OMB each public charter operation. Senior Vice President, Resource Group. The collection involved here requests approval of an information collection [FR Doc. 96–26414 Filed 10–15–96; 8:45 am] general information about the charter requirement must be renewed at least BILLING CODE 8120±01±P operator and direct air carrier that will once every three years. provide a public charter and requires Title: Public Charters. OMB Control Number: 2106–0005. each to certify that it has contracted DEPARTMENT OF TRANSPORTATION Type of Request: Reinstatement, with the other to provide the transportation. The routing, charter Office of the Secretary without change, of a previously approved information collection for price and tour itinerary of the proposed charter are also identified. The Reports, Forms and Recordkeeping which approval has expired. collection also requires the charter Requirements Affected Public: Public charter operators. operator, direct air carrier and financial AGENCY: Office of the Secretary. Abstract: In 14 CFR 380 (adopted institution(s) involved to certify that ACTION: Notice. 1979) of its Special Regulations the proper financial instruments are in Department established the terms and place or other arrangements have been SUMMARY: This notice lists those forms, conditions governing the furnishing of made to protect the charter participants’ reports, and recordkeeping requirements public charters in air transportation by funds and that all parties will abide by imposed upon the public which were direct air carriers and public charter the Department’s public charter transmitted by the Department of operators. Public charter operators regulations. Estimated Total Annual Burden on Transportation to the Office of arrange transportation for groups of Respondents: 31,343 hours. Management and Budget (OMB) for its persons on aircraft chartered from direct approval in accordance with the air carriers. This arrangement is less Issued in Washington, DC on October 9, requirements of the Paperwork expensive for the travelers than 1996. Reduction Act of 1995 (44 USC Chapter individually buying a ticket. Further, Phillip A. Leach, 35). The Federal Register notice with a the charter operator books hotel rooms, Information Collection Officer, United States 60-day comment period soliciting tours, etc., at destination for the Department of Transportation. comments on the following collection of convenience of the traveler. [FR Doc. 96–26513 Filed 10–15–96; 8:45 am] information was published on August 8, Part 380 exempts charter operators BILLING CODE 4910±62±P 1996 [FR 61, page 41440]. from certain provisions of the U.S. Code DATES: Comments on this notice must be in order that they may provide this received on or before November 15, service. A primary goal of Part 380 is to Reports, Forms and Recordkeeping 1996. seek protection for the consumer. Requirements Agency Information ADDRESSES: Written comments on the Accordingly, the rule stipulates that the Collection Activity Under OMB Review DOT information collection requests charter operator must file evidence (a AGENCY: Department of Transportation should be forwarded, as quickly as prospectus) with the Department for (DOT). possible, to Edward Clarke, Office of each charter program certifying that it ACTION: Notice. Management and Budget, New has entered into a binding contract with Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53991

SUMMARY: In compliance with the Comments are Invited on: whether the Street and Enterprise Street. Two Paperwork Reduction Act 1995 (44 USC proposed collection of information is interchanges would be constructed, at Chapter 35), this notice announces that necessary for the proper performance of Wilson/Sacramento Street and at Route the Information Collection Request (ICR) the functions of the Department, 29. The estimated cost of this project abstracted below has been forwarded to including whether the information will ranges from $75.05 million to $110.05. the Office of Management and Budget have practical utility; the accuracy of Alternatives under consideration (OMB) for review and comment. The the Department’s estimate of the burden include (1) taking no action and (2) ICR describes the nature of the of the proposed information collection; constructing a limited access four-lane information collection and its expected ways to enhance the quality, utility and highway facility using the existing burden. The Federal Register Notice clarity of the information to be alignment. with a 60-day comment period soliciting collected; and ways to minimize the Letters describing the proposed action comments on the following collection of burden of the collection of information and soliciting comments will be sent to information was published on April 18, on respondents, including the use of appropriate Federal, State and local 1996 [FR 61, page 16969]. automated collection techniques or Agencies, and to private organizations DATES: Comments must be submitted on other forms of information technology. and citizens who have previously or before November 15, 1996. Issued in Washington, DC, on October 9, expressed or are known to have interest FOR FURTHER INFORMATION CONTACT: Mr. 1996. to this proposal. Technical Advisory Peter C. Chandler, Office of Motor Phillip A. Leach, and Strategic Planning Committee Carrier Research and Standards, (202) Clearance Officer, United States Department meetings have occurred monthly since 366–5763, Federal Highway of Transportation. 1992, and have been open to the public. Administration, Department of [FR Doc. 96–26514 Filed 10–15–96; 8:45 am] A public hearing will be held upon Transportation, 400 Seventh Street, BILLING CODE 4910±62±P completion of the draft EIS. Public SW., Washington, DC 20590. notice will be given of the time and place of all formal meetings and SUPPLEMENTARY INFORMATION: Federal Highway Administration hearings. Federal Highway Administration To insure that the full range of issues (FHWA) Environmental Impact Statement: related to this proposed action are County of Solano, California addressed and all significant issues Title: Motor Carrier Identification identified, comments and suggestions Report. AGENCY: Federal Highway are invited from all interested parties. Type of Request: Reinstatement, Administration (FHWA). DOT. Comments or questions concerning this without change, of previous changes to ACTION: Amended notice of intent. proposed action and the EIS should be a currently approved information directed to the FHWA at the address collection. SUMMARY: The FHWA is issuing this OMB Control Number: 2125–0544. notice to advise the public that an provided above. Form Number: MCS–150. environmental impact statement will be (Catalog of Federal Domestic Assistance Affected Public: Motor Carriers. prepared for a proposed highway project Program Number 20.205, Highway Research Abstract: Section 206 of the Motor in Solano County, California. This Planning and Construction. The regulations Carrier Safety Act of 1984 requires the notice replaces the one issued on the implementing Executive Order 12372 Secretary of Transportation to establish Federal Register/Volume 49. No. 52/ regarding intergovernmental consultation on Thursday, March 15, 1984 due to the federal programs and activities apply to this minimum safety standards for program.) commercial motor vehicle safety. 49 project scope has been changed. Issued on: October 8, 1996. U.S.C. 504 provides the Secretary of FOR FURTHER INFORMATION CONTACT: Transportation authority to require Mr. John R. Schultz, Chief, District Bradley D. Keazer, special reports containing answers to Operations, Federal Highway Assistant Division Administrator, Federal questions asked by the Secretary and to Administration, California Division, 980 Highway Administration. prescribe the form of records. Authority 9th Street, Suite 400, Sacramento, [FR Doc. 96–26393 Filed 10–15–96; 8:45 am] pertaining to commercial motor vehicle California 95814–2724, Telephone: BILLING CODE 4910±22±M safety has been delegated to the FHWA. (916) 498–5041. In order to administer its safety SUPPLEMENTARY INFORMATION: The Surface Transportation Board standards, the FHWA needs to possess FHWA, in cooperation with the a database of entities that are subject to California Department of [STB No. MC±F±20901] the agency’s standards. A database Transportation, will prepare an necessitates that entities subject to the environmental impact statement (EIS) Greyhound Lines, Inc.ÐContinuance FHWA’s standards notify the agency of on a proposal to improve State Route in ControlÐGrupo Centro, Inc. their existence. Therefore, 49 CFR (SR) 37 in Solano County, California. AGENCY: Surface Transportation Board, 385.21 requires all motor carriers Caltrans proposes to construct a four- DOT. beginning operations to file the Motor lane freeway on SR 37 from the Napa ACTION: Notice tentatively approving Carrier Identification Report, Form River Bridge to the existing freeway finance transaction. MCS–150, within 90 days of beginning section of SR 37 that begins near Diablo operations. Street. It would be constructed in SUMMARY: Greyhound Lines, Inc. of Estimated Annual Burden: The total phases on the existing alignment and Dallas, TX (GLI), has filed an annual burden is 2,917 hours. partially along the new alignment. To application under 49 U.S.C. 14303 to ADDRESSES: Send comments to the reduce congestion of peak traffic low continue in control of its wholly owned Office of Information and Regulatory periods, the project will remove four subsidiary, Grupo Centro, Inc. (Grupo) Affairs, Office of Management and signalized intersections and a railroad upon Grupo’s becoming a motor carrier Budget, 725–17th Street, NW, crossing from the inner-regional traffic of passengers. Persons wishing to Washington, DC 20503, Attention OST corridor and eliminate an existing two- oppose the application must follow the Desk Officer. lane bottleneck between Sacramento rules under 49 CFR part 1182, subpart 53992 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

B. The Board has tentatively approved maintain that the transaction will result Release of Waybill Data the transaction, and, if no opposing in no increase in fixed charges, and that comments are timely filed, this notice no employees will be adversely affected. The Surface Transportation Board has will be the final Board action. received a request from Covington & Applicants certify that: (1) GLI and its Burling (Union Pacific Corporation) for DATES: This notice is effective affiliates hold satisfactory safety ratings, November 30, 1996. Comments are due permission to use certain data from the and Grupo is not as yet rated; (2) GLI Board’s 1993, 1994, and 1995 Carload by November 30, 1996. Applicants may maintains and Grupo will procure and reply by December 16, 1996. Waybill Samples. A copy of the request maintain sufficient liability insurance to (WB468–1—10/2/96) may be obtained ADDRESSES: Send an original and 10 meet the established fitness from the Office of Economics, copies of any comments referring to STB requirements; (3) neither GLI nor Grupo Environmental Analysis and No. MC–F–20901 to: Surface is domiciled in Mexico, and neither is Administration. Transportation Board, Office of the owned or controlled by a citizen of that The waybill sample contains Secretary, Case Control Branch, 1201 country; and (4) approval of the confidential railroad and shipper data; Constitution Avenue, N.W., transaction will not significantly affect therefore, if any parties object to these Washington, DC 20423. In addition, either the quality of the human requests, they should file their send one copy of comments to environment or the conservation of objections with the Director of the applicants’ representative: Fritz R. energy resources. Additional Board’s Office of Economics, Kahn, Suite 750 West, 1100 New York information may be obtained from Environmental Analysis and Avenue, N.W., Washington, DC 20005. applicants’ representative. Administration within 14 calendar days FOR FURTHER INFORMATION CONTACT: Under 49 U.S.C. 14303(b), we must of the date of this notice. The rules for Joseph H. Dettmar, (202) 927–5660. approve and authorize a transaction we release of waybill data are codified at 49 [TDD for the hearing impaired: (202) find consistent with the public interest, CFR 1244.8. 927–5721.] taking into consideration at least: (1) Contact: James A. Nash, (202) 927– SUPPLEMENTARY INFORMATION: GLI holds The effect of the transaction on the 6196. nationwide operating authority in MC– adequacy of transportation to the public; Vernon A. Williams, 1515 and sub-numbers as a motor (2) the total fixed charges that result; Secretary. common carrier of passengers. GLI also and (3) the interest of affected carrier [FR Doc. 96–26437 Filed 10–15–96; 8:45 am] controls the following regional interstate employees. BILLING CODE 4915±00±P motor carriers of passengers: Texas, New Mexico & Oklahoma Coaches, Inc.; On the basis of the application filed by applicants, we find that the proposed Continental Panhandle Lines, Inc.; and Surface Transportation Board 1 Vermont Transit, Inc. continuance in control is consistent Grupo has filed an application with with the public interest and should be [STB Finance Docket No. 32908] the Federal Highway Administration to authorized. If any opposing comments operate as a motor carrier of passengers are timely filed, this finding will be Ormet Railroad CorporationÐ over routes between the Mexican border deemed as having been vacated and a Exemption From 49 U.S.C.; Subtitle IV crossing points of San Ysidro and procedural schedule will be adopted to AGENCY: Surface Transportation Board. Calexico, CA; Nogales, AZ; and El Paso, reconsider the application. If no ACTION: Notice of Exemption. Laredo, McAllen, and Brownsville, TX opposing comments are filed by the and points elsewhere in the country, expiration of the comment period, this SUMMARY: Under 49 U.S.C. 10502, the including, Bellingham, WA; Denver, decision will take effect automatically Board has exempted the Ormet Railroad CO; Chicago, IL; Atlanta, GA; and and will be the final Board action. Corporation from the common carrier Miami, FL. This action will not significantly obligations under 49 U.S.C. Subtitle IV Grupo is a wholly owned subsidiary affect either the quality of the human that arise in connection with its of GLI, indirectly controlled through environment or the conservation of acquisition of a line of railroad from GLI’s noncarrier subsidiary, Sistema energy resources. Consolidated Rail Corporation. The International de Transporte de grant is made subject to the condition Autobuses, Inc. This application will It is ordered: that the Board reserves jurisdiction to enable GLI to continue in control of 1. This proposed continuance in conduct a full environmental review Grupo when it becomes an authorized control is approved and authorized, contemporaneously with any motor carrier of passengers. subject to the filing of opposing abandonment or discontinuance of Applicants state that aggregate gross comments. service. operating revenues for GLI and its 2. If timely opposing comments are DATES: The exemption is effective on affiliates have exceeded $2 million filed, the findings made in this decision November 15, 1996. Petitions to reopen during the 12 months preceding the will be deemed as having been vacated. must be filed by November 12, 1996. application. They assert that Grupo was Petitions to stay must be filed by 3. This decision will be effective organized to render specialized services October 31, 1996. designed to accommodate the travel November 30, 1996, unless timely ADDRESSES: An original and 10 copies of requirements of Hispanic passengers opposing comments are filed. all pleadings referring to STB Finance traveling between points of entry along Decided: October 7, 1996. Docket No. 32908 must be filed with the the United States/Mexican border and By the Board, Chairman Morgan, Vice points in the United States with Chairman Simmons, and Commissioner 1 The ICC Termination Act of 1995, Pub. L. No. significant Hispanic populations. Owen. 104–88, 109 Stat. 803 (the ICCTA), which was Allegedly, Grupo’s entry into the market enacted on December 29, 1995, and took effect on will stimulate competition and improve Vernon A. Williams, January 1, 1996, abolished the Interstate Commerce Secretary. Commission and transferred certain functions to the the quality and adequacy of passenger Surface Transportation Board (Board). This notice services available to Hispanic [FR Doc. 96–26333 Filed 10–15–96; 8:45 am] relates to functions that are subject to Board passengers. Additionally, applicants BILLING CODE 4915±00±P jurisdiction pursuant to 49 U.S.C. 10502. Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53993

Surface Transportation Board, Office of SUPPLEMENTARY INFORMATION: Pursuant Register for Wednesday, November 8, the Secretary, Case Control Branch, to section 4314(c)(4) of the Civil Service 1978 (43FR52122). 1201 Constitution Ave. NW., Reform Act of 1978, the members of the Margaret Milner Richardson, Washington, DC 20423. In addition, a Internal Revenue Service’s Senior Commissioner of Internal Revenue. copy of all pleadings must be served on Executive Service Performance Review [FR Doc. 96–26507 Filed 10–15–96; 8:45 am] petitioner’s representative, Fritz R. Board for Regional Commissioners are BILLING CODE 4830±01±U Kahn, Esq., Suite 750 West, 1100 New as follows: York Avenue NW., Washington, DC Michael Dolan, Deputy Commissioner, 20005–3934. Chair Performance Review Board FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 927–5660. Arthur Gross, Chief Information Officer AGENCY: Internal Revenue Service (IRS), (TDD for the hearing impaired: (202) David Mader, Chief, Management and Treasury. 927–5721.) Administration ACTION: Notice of members of Senior Executive Service Performance Review SUPPLEMENTARY INFORMATION: The Anthony Musick, Chief Financial subject line, known as the Omal Officer Board. Secondary Track, extends from milepost This document does not meet the EFFECTIVE DATE: Performance Review 60.5 at Powhatten Point to the end of criteria for significant regulations set Board effective October 1, 1996. the line, milepost 72.7 at Omal, a FOR FURTHER INFORMATION CONTACT: distance of 12.2 miles in Monroe forth in paragraph 8 of the Treasury Directive appearing in the Federal DiAnn Kiebler, M:ES, Room 3515, 1111 County, OH. Ormet Railroad Constitution Avenue, NW, Washington, Corporation (ORC) is a wholly owned Register for Wednesday, November 8, 1978 (43FR52122). DC 20224, Telephone No. (202) 622– subsidiary of Ormet Corporation, of 6320, (not a toll free number). Wheeling, WV. The line is operated by Margaret Milner Richardson, SUPPLEMENTARY INFORMATION: Pursuant Consolidated Rail Corporation under Commissioner of Internal Revenue. to section 4314(c)(4) of the Civil Service contract with ORC and serves only two [FR Doc. 96–26505 Filed 10–15–96; 8:45 am] Reform Act of 1978, the members of the shippers, Ormet Primary Aluminum BILLING CODE 4830±01±U Internal Revenue Service’s Senior Corporation and Ormet Aluminum Mill Executive Service Performance Review Products Corporation, both wholly owned subsidiaries of Ormet Performance Review Board Board for senior executives in the Office Corporation. of the Chief Inspector are as follows: Additional information is contained AGENCY: Internal Revenue Service (IRS), Michael Dolan, Deputy Commissioner, in the Board’s decision. To purchase a Treasury. Chair John Dalrymple, Acting Chief, Taxpayer copy of the full decision, write to, call ACTION: Notice of members of Senior or pick up in person from: DC News & Service Executive Service Performance Review Anthony Musick, Chief Financial Data, Inc., Room 2229, 1201 Board. Constitution Ave. N.W., Washington, Officer DC 20423. Telephone: (202) 289–4357/ Dennis Schindel, Deputy Assistant EFFECTIVE DATE: Performance Review Inspector General for Audit 4359. (Assistance for the hearing Board effective October 1, 1996. impaired is available through TDD Operations, Department of the services, (202) 927–5721.) FOR FURTHER INFORMATION CONTACT: Treasury DiAnn Kiebler, M:ES, Room 3515, 1111 This document does not meet the Decided: October 7, 1996. Constitution Avenue, NW, Washington, criteria for significant regulations set By the Board, Chairman Morgan, Vice DC 20224, Telephone No. (202) 622– forth in paragraph 8 of the Treasury Chairman Simmons, and Commissioner Owen. 6320, (not a toll free number). Directive appearing in the Federal Register for Wednesday, November 8, Vernon A. Williams, SUPPLEMENTARY INFORMATION: Pursuant 1978 (43FR52122). Secretary. to section 4314(c)(4) of the Civil Service Margaret Milner Richardson, [FR Doc. 96–26436 Filed 10–15–96; 8:45 am] Reform Act of 1978, the members of the Commissioner of Internal Revenue. BILLING CODE 4915±00±P Internal Revenue Service’s Senior Executive Service Performance Review [FR Doc. 96–26508 Filed 10–15–96; 8:45 am] Board for senior executives in the BILLING CODE 4830±01±U DEPARTMENT OF THE TREASURY National Office are as follows: Michael Dolan, Deputy Commissioner, Performance Review Board Internal Revenue Service Chair AGENCY: Internal Revenue Service (IRS), Performance Review Board Gary Bell, Chief Inspector Treasury. AGENCY: Internal Revenue Service (IRS), John Dalrymple, Acting Chief, Taxpayer ACTION: Notice of members of Senior Treasury. Service Executive Service Performance Review ACTION: Notice of members of Senior Herma Hightower, Regional Board. Executive Service Performance Review Commissioner, Northeast Region EFFECTIVE DATE: Performance Review Board. David Mader, Chief, Management and Board effective October 1, 1996. Administration EFFECTIVE DATE: Performance Review FOR FURTHER INFORMATION CONTACT: Board effective October 1, 1996. Anthony Musick, Chief Financial DiAnn Kiebler, M:ES, Room 3515, 1111 Officer FOR FURTHER INFORMATION CONTACT: Constitution Avenue NW., Washington, DiAnn Kiebler, M:ES, Room 3515, 1111 This document does not meet the DC 20224, Telephone No. (202) 622– Constitution Avenue, NW, Washington, criteria for significant regulations set 6320 (not a toll free number). DC 20224, Telephone No. (202) 622– forth in paragraph 8 of the Treasury SUPPLEMENTARY INFORMATION: Pursuant 6320, (not a toll free number). Directive appearing in the Federal to section 4314(c)(4) of the Civil Service 53994 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

Reform Act of 1978, the members of the invited on: (a) whether the proposed 9:00 a.m. and 5:00 p.m., except as Internal Revenue Service’s Senior revisions to the following collections of provided in section 261.8 of the Board’s Executive Service Performance Review information are necessary for the proper Rules Regarding Availability of Board for senior executives in Field performance of the agencies’ functions, Information, 12 CFR 261.8(a). Offices are as follows: including whether the information has FDIC: Written comments should be Michael Dolan, Deputy Commissioner, practical utility; (b) the accuracy of the addressed to the Office of the Executive Chair agencies’ estimate of the burden of the Secretary, Federal Deposit Insurance Gary Bell, Chief Inspector information collections as they are Corporation, 550 17th Street, N.W., Gary Booth, Regional Commissioner, proposed to be revised, including the Washington, D.C. 20429. Comments Midstates Region validity of the methodology and Marilyn Day, Regional Commissioner, may be hand-delivered to Room F–402, assumptions used; (c) ways to enhance 1776 F Street, N.W., Washington, D.C. Western Region the quality, utility, and clarity of the Herma Hightower, Regional 20429, on business days between 8:30 information to be collected; and (d) Commissioner, Northeast Region a.m. and 5:00 p.m. Comments may be Robert Johnson, Regional ways to minimize the burden of sent through facsimile to: (202) 898– Commissioner, Southeast Region information collection on respondents, 3838 or by the Internet to: This document does not meet the including through the use of automated [email protected]. Comments will be criteria for significant regulations set collection techniques or other forms of available for inspection at the FDIC forth in paragraph 8 of the Treasury information technology. Public Information Center, Room 100, Directive appearing in the Federal DATES: Comments must be submitted on 801 17th Street, N.W., Washington, D.C., Register for Wednesday, November 8, or before November 15, 1996. between 9:00 a.m. and 4:30 p.m. on 1978 (43 FR 52122). ADDRESSES: Interested parties are business days. Margaret Milner Richardson. invited to submit written comments to A copy of the comments may also be Commissioner of Internal Revenue. any or all of the Agencies. All submitted to the OMB desk officer for comments, which should refer to the [FR Doc. 96–26509 Filed 10–15–96; 8:45 am] the agencies: Alexander Hunt, Office of OMB control number(s), will be shared Information and Regulatory Affairs, BILLING CODE 4830±01±U among the agencies. Office of Management and Budget, New OCC: Written comments should be Executive Office Building, Room 3208, submitted to the Communications Washington, D.C. 20503. DEPARTMENT OF THE TREASURY Division, Ninth Floor, Office of the Comptroller of the Currency, 250 E FOR FURTHER INFORMATION CONTACT: A Office of the Comptroller of the copy of the Paperwork Reduction Act Currency Street, S.W., Washington, D.C. 20219; Attention: Paperwork Docket No. 1557– Submission (OMB 83–I), supporting Office of Thrift Supervision 0127 [FAX number (202) 874–5274; statement, and other documents that Internet address: have been submitted to OMB for review FEDERAL RESERVE SYSTEM [email protected]]. and approval may be requested from the Comments will be available for agency clearance officer, whose name FEDERAL DEPOSIT INSURANCE inspection and photocopying at that appears below. CORPORATION address. OCC: Jesse Gates, OCC Clearance OTS: Send comments to Manager, Officer, (202) 874–5090, Office of the Submission for OMB Review; Dissemination Branch, Records Comptroller of the Currency, 250 E Comment Request Management and Information Policy, Street, S.W., Washington, D.C. 20219 AGENCIES: Office of the Comptroller of Office of Thrift Supervision, 1700 G OTS: Colleen M. Devine, OTS the Currency (OCC), Office of Thrift Street, N.W., Washington, DC 20552, Clearance Officer, (202) 906–6025, Supervision (OTS), Treasury; Board of Attention 1550–0026. These Office of Thrift Supervision, 1700 F Governors of the Federal Reserve submissions may be hand delivered to Street, N.W., Washington, D.C. 20552. System (Board); and Federal Deposit 1700 G Street, N.W. From 9:00 a.m. to Board: Mary M. McLaughlin, Board Insurance Corporation (FDIC). 5:00 p.m. on business days, they may be Clearance Officer, (202) 452–3829, ACTION: Notice of information collection sent by facsimile transmission to FAX Division of Research and Statistics, to be submitted to OMB for review and Number (202) 906–7755. Comments Board of Governors of the Federal approval under the Paperwork over 25 pages in length should be sent Reserve System, 20th and C Streets, Reduction Act of 1995. to FAX Number (202) 906–6956. N.W., Washington, D.C. 20551. For the Comments will be available for hearing impaired only, SUMMARY: In accordance with inspection at 1700 G Street, N.W., from Telecommunications Device for the Deaf requirements of the Paperwork 9:00 a.m. until 4:00 p.m. on business (TDD), Dorothea Thompson, (202) 452– Reduction Act of 1995 (44 U.S.C. days. 3544, Board of Governors of the Federal Chapter 35), the OCC, the OTS, the Board: Written comments should be Reserve System, 20th and C Streets, Board, and the FDIC (collectively, the addressed to Mr. William W. Wiles, N.W., Washington, D.C. 20551. ‘‘Agencies’’), hereby give notice that Secretary, Board of Governors of the they plan to submit to the Office of Federal Reserve System, 20th and C FDIC: Steven F. Hanft, FDIC Clearance Management and Budget (OMB) Streets, N.W., Washington, D.C. 20551, Officer, (202) 898–3907, Office of the requests for review of the information or delivered to the Board’s mail room Executive Secretary, Federal Deposit collection system described below. The between 8:45 a.m. and 5:15 p.m., and to Insurance Corporation, 550 17th Street Agencies may not conduct or sponsor, the security control room outside of N.W., Washington, D.C. 20429. and the respondent is not required to those hours. Both the mail room and the Proposal to request approval from respond to, an information collection security control room are accessible OMB of the extension, with revision, of that has been extended, revised, or from the courtyard entrance on 20th the following report: implemented on or after October 1, Street between Constitution Avenue and 1. Report title: Annual Report of Trust 1995, unless it displays a currently valid C Street, N.W. Comments received may Assets/Annual Report of International OMB control number. Comments are be inspected in room M–P–500 between Fiduciary Activities— Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 53995

Form Number: FFIEC 001 and FFIEC 006. nonmember commercial and savings schedule would become effective with Type of Review: Regular. banks). The FFIEC 006, collected by the the December 31, 1996, report date. Frequency of Response: Annual. OCC and the Board, is given On June 30, 1995, the FFIEC, on Respondents: Business or other for profit. confidential treatment [5 U.S.C. behalf of the agencies, published a For OCC: 552(b)(8)]. Small businesses (i.e., small notice in the Federal Register (60 FR OMB Number: 1557–0127. banks) are affected. 34252) describing in detail and inviting Number of Respondents: 1,235 (FFIEC 001); Abstract: These interagency reports comment on the proposed changes to 100 (FFIEC 006). this collection of information. All Total Annual Responses: 1,335. collect information on fiduciary asset Estimated Time per Response: 4.3 burden totals and activities. They are used to comments received by the agencies in hours (FFIEC 001); 4.0 burden hours monitor changes in the volume and response to that notice were addressed (FFIEC 006). character of discretionary trust activity, in supporting statements developed to Total Annual Burden: 5,805 burden hours. the volume of nondiscretionary trust justify the changes. For OTS: activity, and the resource needs for Additionally, the submission requests OMB Number: 1557–0026. supervisory purposes. The data are also renewal, without change, of the FFIEC Number of Respondents: 116 (FFIEC 001). used for statistical and analytical 006. Total Annual Responses: 116. purposes. This notice provides the public with Estimated Time per Response: 2.30 burden Current Actions: The revisions to the the opportunity to obtain, review, and hours. FFIEC 001 consist of the addition of a comment on, the agencies’ supporting Total Annual Burden: 266.8 burden hours. new trust income statement that must be statements. For Board: completed by those banks and savings Dated: October 8, 1996. OMB Number: 7100–0031. associations with $100 million or more Karen Solomon, Number of Respondents: 635 (FFIEC 001); 56 in total trust assets and by all Director, Legislative and Regulatory Activities (FFIEC 006). nondeposit trust companies. In general, Total Annual Responses: 691. Division, Office of the Comptroller of the Estimated Time per Response: 3.82 burden institutions will report trust fees by type Currency. hours (FFIEC 001); 4.0 burden hours of trust account, three general categories Dated: October 8, 1996. of expense, and the amount of (FFIEC 006). Catherine C.M. Teti, Total Annual Burden: 2,649.7 burden hours. settlements, surcharges, and other losses gross and net of recoveries. If an Director, Records Management and For FDIC: Information Policy, Office of Thrift OMB Number: 3064–0024. institution’s aggregate losses are Supervision. Number of Respondents: 1,834 (FFIEC 001). $100,000 or more in any year, Total Annual Responses: 1,834. individual losses of $10,000 or more Board of Governors of the Federal Reserve Estimated Time per Response: 3.55 burden must be reported by type of account. System, October 10, 1996. hours. The information reported by individual William W. Wiles, Total Annual Burden: 6,510.7 burden hours. institutions in this schedule will not be Secretary of the Board. Description: This information publicly available, but aggregate data Dated at Washington, DC, this 7th day of collection (FFIEC 001 and FFIEC 006) is will be published by the Federal October 1996. mandatory: 12 U.S.C. 161 and 1817 (for Financial Institutions Examination Federal Deposit Insurance Corporation. national banks), 12 U.S.C. 1464, 1725, Council (FFIEC). The new trust income Jerry L. Langley, 1730 (for thrift institutions), 12 U.S.C. schedule enables the Agencies to better Executive Secretary. 248(a) and 1844(c) (for state member target their supervision of trust activities [FR Doc. 96–26577 Filed 10–15–96; 8:45 am] banks and bank holding companies), to those areas that pose greater risk to BILLING CODE 4810±33±P; 6720±01±P; 6210±01±P; and 12 U.S.C. 1817 (for insured state institutions. The proposed new 6714±01±P 53996

Corrections Federal Register Vol. 61, No. 201

Wednesday, October 16, 1996

This section of the FEDERAL REGISTER INTERNATIONAL DEVELOPMENT DEPARTMENT OF TRANSPORTATION contains editorial corrections of previously COOPERATION AGENCY published Presidential, Rule, Proposed Rule, Surface Transportation Board and Notice documents. These corrections are Agency for International Development prepared by the Office of the Federal 49 CFR Part 1111 Register. Agency prepared corrections are 48 CFR Part 722 issued as signed documents and appear in [STB Ex Parte No. 527] the appropriate document categories [AIDAR Notice 96±1] elsewhere in the issue. Expedited Procedures For Processing RIN 0412±AA29 Rail Rate Reasonableness, Exemption And Revocation Proceedings Miscellaneous Amendments to DEPARTMENT OF COMMERCE Acquisition Regulations; Corrections Correction International Trade Administration Correction In rule document 96–25515 beginning on page 52710 in the issue of Tuesday, [A±122±601] In the correction to rule document October 8, 1996, make the following 96–25059 on page 52497 in the issue of correction: Brass Sheet and Strip from Canada; Monday, October 7, 1996, make the Antidumping Duty Administrative following correction: § 1111.8 [Corrected] Review; Extension of Time Limit On page 52712, in the second column, 722.103 [Corrected] in § 1111.8, the second flush paragraph Correction On page 52497, in the second column, should read as set forth below: In notice document 96–25116 in the last line ‘‘Section’’ should read Day 7 or before—Conference of the appearing on page 51261 in the issue of ‘‘Sections’’. parties convened pursuant to section Tuesday, October 1, 1996, in the last BILLING CODE 1505±01±D 1111.9(b). line of the Summary ‘‘January 1, 1996’’ BILLING CODE 1505±01±D should read ‘‘January 1, 1995’’.

BILLING CODE 1505±01±D DEPARTMENT OF TRANSPORTATION DEPARTMENT OF THE TREASURY Federal Aviation Administration DEPARTMENT OF ENERGY 17 CFR Part 420 14 CFR Part 71 Federal Energy Regulatory RIN: 1505-AA53 Commission [Airspace Docket No. 96-ACE-9] Office of the Assistant Secretary for [Docket No. GT96-101-000] Establishment of Class E Airspace; Financial Markets; Government Mosby, MO Securities Act Regulations: Large Equitrans L.P.; Notice of Proposed Position Rules Changes in FERC Gas Tariff Correction In rule document 96–25127, Correction Correction beginning on page 51361, in the issue of In the correction to rule document In notice document 96–25691 Wednesday, October 2, 1996, make the 96–23331 published on page 52498 in appearing on page 52784 in the issue of following correction. the issue of Monday, October 7, 1996, Tuesday, October 8, 1996, in the first On page 51362, in the second column, correction 2 to § 420.5 should be column, the date below the subject in the ACE MO E5 Mosby, MO [New] removed. The original date ‘‘March 31, heading ‘‘October 21, 1996’’ should read entry, in the last paragraph, ‘‘mile 1997’’ is correct and should not be ‘‘October 2, 1996’’. radius of’’ should read ‘‘mile radius to’’. replaced with ‘‘March 11, 1997’’.

BILLING CODE 1505±01±D BILLING CODE 1505±01±D BILLING CODE 1505±01±D federal register October 16,1996 Wednesday Airport Proceedings;FinalRule Rules ofPracticeforFederally-Assisted 14 CFRParts13and16 Federal AviationAdministration Transportation Department of Part II 53997 53998 Federal Register / Vol. 61, No. 201, Wednesday, October 16, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION J of the proposed rule, subpart J not have standing to file a complaint on contained special procedures for behalf of its individual members. ACRA Federal Aviation Administration handling airport fee complaints by air requests clarification that a carriers [59 FR 47568]. The withdrawal nonaeronautical user of an airport, such 14 CFR Parts 13 and 16 became necessary with the passage of as a car rental company, could file a [Docket No. 27783; Amendment No. 13±27, section 113 of the FAA Act, which complaint under part 16. 16] contained specific provisions for airport The final rule adopts the ‘‘directly fee complaints by air carriers that and substantially affected’’ standard of RIN 2120±AF43 differed from, and were inconsistent the NPRM, with a special applicability Rules of Practice for Federally- with, subpart J. The withdrawal notice provision for cases where review Assisted Airport Proceedings also extended the comment period for diversion is alleged. Under § 16.23(a) of the remainder of the NPRM, subparts A the final rule, a person directly and AGENCY: Federal Aviation through I, to December 1, 1994 [59 FR substantially affected by any alleged Administration (FAA), DOT. 47568] noncompliance may file a complaint ACTION: Final rule. with the Administrator. Under § 16.3 of Discussion of Comments the final rule, a ‘‘complaint’’ is defined SUMMARY: This rulemaking establishes Sixteen commenters responded to the as ‘‘a written document * * * filed with rules of practice for filing complaints NPRM. Commenters included the Air the FAA by a person directly and and adjudicating compliance matters Freight Association; Air Line Pilots substantially affected by anything involving Federally-assisted airports. Association (ALPA); Air Ottawa Flying allegedly done or omitted to be done The rule addresses exclusively airport Service, Inc.; Aircraft Owners and Pilots ** * in contravention of any provision compliance matters arising under the Association (AOPA); Airports Council of any Act, as defined in this section.’’ Airport and Airway Improvement Act International-North America (ACI–NA); Complaints by persons not ‘‘directly and (AAIA) of 1982, as amended; certain American Car Rental Association substantially affected’’ by respondent’s airport-related provisions of the Federal (ACRA); Hawkins, Delafield & Wood; alleged noncompliance will be subject Aviation Act of 1994, as amended; the Hogan & Harston; Maryland Aviation to dismissal with prejudice under part Surplus Property Act, as amended; Administration; Melbourne Airport 16. predecessors to those acts; and Authority; National Association of State Persons alleging revenue diversion by regulations, grant agreements, and Aviation Officials (NASAO); National an airport, as defined in 49 U.S.C. documents of conveyance issued or Business Aircraft Association, Inc. 47107(b), that do business with, and pay made under those acts. The rule is (NBAA); National Air Transportation fees or rents to, the airport, are intended to expedite substantially the Association (NATA); Newton & considered in the final rule to be handling and disposition of airport- Associates, Inc. (NAI); Regional Airline directly and substantially affected by related complaints. Association (RAA); and the United the alleged revenue diversion for the EFFECTIVE DATE: This rule is effective States Parachute Association (USPA). sole purpose of having and standing to December 16, 1996. Seven commenters generally support file a revenue diversion complaint the promulgation of the proposed rule under Part 16. This special applicability FOR FURTHER INFORMATION CONTACT: with some reservations. The remaining provision for complaints of revenue Barry Molar or Frank J. San Martin, commenters address specific sections of diversion is necessary because revenue Airports Law Branch (AGC–610), Office the proposed rule. diversion principally affects the United of the Chief Counsel, (202) 267–3473, A discussion of the issues most States as the grantor of the federal Federal Aviation Administration, widely addressed in the comments and airport funds allegedly diverted. (FAA), 800 Independence Avenue, SW., an analysis of the final rule follows. All However, entities that do business on Washington, DC 20591. comments received were considered by the airport and pay fees to the airport SUPPLEMENTARY INFORMATION: the agency. The summary of comments have some interest in alleging revenue is intended to represent the general Background diversion because their payments divergence or correspondence in constitute airport revenue. A notice of proposed rulemaking industry views on various issues, and is An association will have to meet the (NPRM) for this rulemaking was issued not intended to be an exhaustive same ‘‘directly and substantially on June 9, 1994 (59 FR 29880). The restatement of the comments received. affected’’ standing requirement NPRM proposed to amend the FAA’s Comments pertaining to withdrawn individually, but will be able to file a existing complaint and adjudication subpart J will not be addressed. part 16 complaint as a representative of procedures, 14 CFR Part 13, its members who are ‘‘directly and Standing ‘‘Investigative and Enforcement substantially affected’’ by an act or Procedures,’’ to remove from the A number of commenters address omission of respondent. coverage of part 13 the airport-related issues concerning who should be able to The standing requirement is necessary matters that will be handled under the file a complaint under new part 16. to assure that scarce agency resources new part 16. Certain disputes between ACI–NA strongly supports limiting a are devoted to matters in which the U.S. and foreign air carriers and airport complainant to a person ‘‘directly and complainant’s interest is sufficient to proprietors concerning the substantially affected by any alleged justify the burden of processing a reasonableness of fees imposed by non-compliance,’’ under proposed complaint under part 16. Parties who airport proprietors are not covered by § 16.23. Otherwise, ACI–NA argues, meet part 16 standing requirements may the rule, but by 14 CFR part 302, subpart proceedings could be initiated by be represented by duly authorized F, pursuant to section 113 of the Federal persons making only minimal use of an representatives. Aviation Act of 1994 (FAAct), Public airport, burdening both the respondent Nonaeronautical users of airports are Law No. 103–305 (August 23, 1994), 49 and the FAA with the time and expense subject to the same ‘‘directly and United States Code (U.S.C.) 47129. of administrative proceedings. AOPA substantially affected’’ standard as On September 16, 1994, the FAA states it is concerned that, under aeronautical users, and could forseeably published a notice to withdraw subpart proposed § 16.23, an association would have standing to file a complaint under Federal Register / Vol. 61, No. 201, Wednesday, October 16, 1996 / Rules and Regulations 53999 part 16. For example, an airport duty- resolving the dispute informally. That participation will help develop the free shop could have standing to file a change is intended to make the local record of the case. NATA and Air part 16 complaint alleging revenue airports office available to mediate a Ottawa Flying Service, Inc., argue that diversion, and an airport concession dispute, and reflects the FAA’s nonhearing party status for a that is a disadvantaged business experience. In many cases, the complainant deprives the complainant enterprise (DBE) could have standing to involvement of the FAA ADO or of due process of law because the file a part 16 complaint alleging non- regional airports division can facilitate complainant may have property compliance with the applicable DBE informal resolution. Allegations of interests at stake. regulation. However, most of an revenue diversion, however, may not The final rule revised § 16.203(b)(1) to airport’s obligations are intended for the lend themselves to full resolution in the allow complainant to be a party to a benefit of aeronautical users. A pre-complaint process unless the hearing along with the respondent and complaint alleging that an airport proposed resolution addresses the total the agency. Under § 16.31(d), a case operator’s treatment of a amounts allegedly diverted by the proceeds to a hearing only after the FAA nonaeronautical user violates such airport. Nevertheless, a complainant has found against the respondent in an obligation would be dismissed even must show that informal resolution was initial determination that proposes the though the nonaeronautical user was attempted. issuance of a compliance order. Thus, at directly and substantially affected by Hearing the hearing the FAA has the burden of the alleged practice. For example, the proof to establish the validity of its assurance against unjust discrimination Section 16.31(d) provides the initial determination, including the by an airport operator only applies to respondent with the opportunity for a proposed order of compliance under aeronautical users, so a complaint by a hearing if the initial determination finds § 16.109. The respondent is a party to nonaeronautical user alleging unjust the respondent in noncompliance and the hearing who seeks reversal of the discrimination by an airport operator proposes the issuance of a compliance FAA’s initial determination. Although, a would be dismissed. order and an opportunity for a hearing complainant’s status as an airport user required by statute. In all other cases no Notwithstanding, the standing alone does not give rise to a sufficient opportunity for a hearing is provided, requirement, complaints that are property interests to justify party status except at the discretion of the agency. dismissed because complainant lacks as a matter of right, party status for the standing under Part 16 may be referred The law firm of Hogan & Hartson proposes a fact-finding hearing before complainant will permit it to have an by the FAA to the appropriate FAA opportunity to assist in the development region for consideration under Subpart the initial determination is issued in order to develop the factual record. This of the factual record as pointed out by D, Special Rules Applicable to NBAA. In addition, providing automatic Proceedings Initiated by the FAA. recommendation is not adopted in the final rule. party status will avoid burdening the Pre-complaint Resolution Before issuing the initial hearing officer and parties with routine Most commenters approve of the determination, the FAA engages in the requests for intervention by proposed requirement in § 16.21, that a process of investigating a complain. complainant. The rule provides the person engage in good faith efforts to While complainants are entitled to hearing officer with ample powers to informally resolve a disputed matter, having their complaints investigated, control the conduct of the hearing and directly with the person or entity in they do not have a property interest to assure that complainant’s alleged noncompliance, before filing a sufficient to require an oral evidentiary participation does not unduly delay the complaint. ACI–NA supports the hearing as part of that investigation, proceedings. proposed rule but is concerned that the even when the investigation leads to a As noted in the NPRM, in the case in mention of ‘‘mediation, arbitration, or dismissal of a complaint. which an adjudicatory hearing would be use of a dispute resolution board’’ in A respondent may be entitled to a held (under § 519 of the AAIA or § 1002 § 16.21 will be interpreted to mean that hearing in some cases before the FAA of the FAA Act), the hearing procedures such alternative dispute resolution takes adverse action. However, are intended to permit the FAA to (ADR) methods are mandatory. AOPA § 16.31(d) provides an opportunity for a complete compliance hearings within suggests that the requirement to hearing in those cases after the initial 180 days, while assuring that a undertake informal resolution before determination is made and before any respondent receives a fair hearing and filing a complaint would be final agency action is taken. There is no an opportunity to present evidence and inappropriate to complaints filed by need to provide a respondent with an argument to support its position. general aviation and add to the costs additional oral evidentiary hearing Section 519 specifies that the FAA may and time to arrive at resolution. USPA during the investigatory stage. temporarily withhold new grants. states that part 16 would not permit Furthermore, the factual record will be Several commenters object to contact with the FAA at the local level developed by the supporting documents proposed § 16.3 which provides that the for assistance. that are required to be submitted with part 16 hearing officer is an attorney Under § 16.21 as adopted, it will be each pleading under § 16.23, an by any designated by the FAA. They state that necessary for a potential complainant to additional information submitted by the the proposed provision gives the certify that good faith efforts have been parties or developed through informal appearance and possibility of made to achieve informal resolution. investigation under § 16.29. nonobjectivity. NBAA suggests that However, the final rule does not require Several commenters argue that, hearing officers be administrative law any particular informal resolution contrary to § 16.203(b)(1), which judges. method, and mentions mediation, provides in the NPRM that the The commenters’ concerns about the arbitration, and dispute resolution board respondent and the agency are the only independence and objectivity of an FAA as examples only. The final rule has parties to the post-initial determination designated hearing officer are been changed to add that the local FAA hearing, the complainant should also be misplaced. Under the terms of § 16.3, no Airport District Office (ADO), or FAA a party to the hearing. The NBAA argues FAA attorney in the region where the Regional Airports Division, may be that a complainant should be a party to noncompliance allegedly occurred, or in asked by the parties to assist them in the hearing because the complainant’s the Airports and Environmental Law 54000 Federal Register / Vol. 61, No. 201, Wednesday, October 16, 1996 / Rules and Regulations

Division, may be a hearing officer. This the FAA has determined to adopt this The substitution of Director and excludes all FAA attorneys who could proposed rule with the changes Associate Administrator as have access to factual knowledge of a described previously. decisionmakers instead of higher-level part 16 complaint obtained by means officials reflects the concerns and Subpart A—General Provisions other than the administrative record, experiences of agency personnel who insures that the hearing officer is Subpart A includes provisions of reviewed the proposed rule. The independent of the offices that conduct general applicability to proceedings Director and Associate Administrator investigations and prosecutions, and brought under part 16, definitions of are experienced in airport matters and insures that the hearing officer is terms used in the regulation, and a may be more accessible within the short objective and independent. provision on separation of functions. time periods in the final rule for issuing Further, section 519 by its terms The final rule modifies proposed decisions. The substitution also requires the FAA to provide notice and § 16.1(a) to exclude from the coverage of conforms more closely to current ‘‘an opportunity for hearing’’ before part 16 disputes between U.S. and practice in deciding complaints imposing certain sanctions. The simple foreign air carriers and airport- regarding airport compliance. requirement for a hearing, without proprietors concerning the The term ‘‘Presiding officer’’ was more, has been held not to constitute reasonableness of airport fees now deleted from the definitions section ‘‘an adjudication required by statute to covered by 14 CFR part 302, as because it was referred to only in be determined on the record after mandated by Congress in the FAA Act, subpart J, which was withdrawn. opportunity for an agency hearing,’’ Public Law No. 103–305 (August 23, The final rule contains no changes to within the meaning of section 554 of the 1994). the separation of function section, Administrative Procedure Act (APA). Proposed § 16.1(d) is modified to § 16.5, except that ‘‘Associate See, e.g., Friends of the Earth v. EPA, specify that part 16 applies to Administrator’’ replaces 966 F.2d 690, 693 (D.C. Cir. 1992); St. investigations initiated by the FAA, as ‘‘Administrator’’ in § 16.5(b) and ‘‘FAA Louis Fuel and Supply Co., Inc. v. FERC, well as complaints filed with the FAA decisionmaker’’ in § 16.5(c). Separation of functions is not 890 F.2d 446, 448 (D.C. Cir. 1989). on or after the effective date of the rule. Accordingly, part 16 is not required by required by statute because hearings The definitions in § 16.3 are, for the under part 16 are not subject to APA the APA to include all of the provisions most part, derived from the definitions of sections 554, 556 and 557 of the APA. hearing requirements; however, the of like or similar terms in 14 CFR part separation is provided to promote In particular, the requirement that 13. The term ‘‘agency employee’’ administrative law judges serve as confidence in the impartiality and defined as any employee of the integrity of decisions under the new hearing officers does not apply. Department of Transportation, was In the interests of assuring a fair procedures. Separation of prosecutorial added to indicate that other offices hearing, however, part 16 includes and adjudicatory functions will be within the Department of many of the elements required by provided from the time the Director’s Transportation may assist the FAA in sections 554, 556 and 557 of the APA. determination is issued in all cases in part 16 cases. For example, the hearing officer is which an opportunity for hearing is The title of ‘‘Assistant Administrator required to issue an initial decision; ex provided, including cases in which the for Airports’’ in the definitions section parte communications are prohibited; respondent waives hearing and appeals and throughout the text of the rule has separation of the prosecutorial and the Director’s determination in writing been changed in the final rule to decision-making functions are required; to the Associate Administrator. When ‘‘Associate Administrator for Airports’’ and the hearing officer has virtually all separation applies, the Director will be to reflect the correct title for this FAA of the authority specified in section considered as performing the official, as changed by a recent agency 556(c). investigatory and prosecutorial function reorganization. and will not participate in the decision Intervention The term ‘‘Director,’’ defined as the of the Associate Administrator or AOPA and NBAA comment that the Director of the Office of Airport Safety hearing officer. intervention provisions of § 16.207 are and Standards, was added to the too restrictive and give the hearing definitions section and to the text of the Subpart B—General Rules Applicable to officer too much discretion in admitting rule. The ‘‘Director’’ replaces the Complaints, Proceedings, and Appeals a new party to a hearing. As explained ‘‘Assistant Administrator’’ as the Initiated by the FAA earlier, a part 16 hearing is to a large decisionmaker of the initial This subpart applies to all phases of extent a proceeding in which the FAA determination without a hearing under the investigations and adjudications acts as a prosecutor seeking an order of § 16.31, as discussed more fully herein. under this part. compliance under § 16.109 against Although not technically incorrect, The provisions governing filing and respondent within the statutory time the term ‘‘FAA decisionmaker’’ was service of documents, computation of limits for issuing such actions. deleted from the definitions section and time, and motions (§§ 16.13, 16.15, Furthermore, complainant will under text of the final rule because the term is 16.17, and 16.19), are based on similar the final rule be a party to the hearing. unnecessary. Deletion of the term provisions in the Federal Rules of Civil For these reasons, intervention in such should avoid confusion surrounding the Procedure, the Department of a proceeding should only be allowed if ultimate decisionmaker in appeals from Transportation’s Rules of Practice in it will not unnecessarily broaden the initial determinations of the Director Proceedings (14 CFR part 302), the FAA issues, or cause delay, and, if the person without a hearing under § 16.31, and Rules of Practice in Civil Penalty requesting intervention has interests from the initial decisions of hearing Actions (14 CFR part 13, subpart G), and that need to be protected. officers after a hearing under § 16.241. the National Transportation Safety In both cases, the appeal will be Board’s (NSTB) Rules of Practice in Air Analysis of the Provisions of the Final submitted to the Associate Safety Proceedings (49 CFR part 821). Rule Administrator, who will issue a final The proposed rule was modified to After careful review of the available decision under either § 16.33 or change the agency address in § 16.13. To data, including the comments received, § 16.241. insure timely processing and to reflect Federal Register / Vol. 61, No. 201, Wednesday, October 16, 1996 / Rules and Regulations 54001 changes in the organization of the Office standing to file the complaint under the Associate Administrator, a final of the Chief Counsel ‘‘FAA Part 16 §§ 16.3 and 16.23. As a final order of the decision will be issued by the Associate Airport Proceedings Docket (AGC–600)’’ agency, a dismissal with prejudice Administrator under § 16.33. replaces ‘‘FAA Enforcement Docket would be appealable to a United States Subpart D—Special Rules Applicable to (AGC–10).’’ The additional 5 days Court of Appeals. Proceedings Initiated by the FAA provided after service on a party of a As explained above, the final rule document by mail was changed to 3 substitutes the Director of the Office of Section 16.101 makes clear the FAA’s days in § 16.17(c). This revision Airport Safety and Standards as the continuing authority to initiate its own conforms to the ‘‘mail rule’’ used in official who makes the initial investigation of any matter within the federal practice under the Federal Rules determination after investigation under applicability of this part without having of Civil Procedure. § 16.31. The Director would issue an received a complaint, as authorized by initial determination in every case in §§ 313 and 1002 of the FAA Act and Subpart C—Special Rules Applicable to which the FAA investigates a § 519 of the AAIA. Complaints complaint. Under the final rule, the Subpart E—Proposed Orders of The final rule requires, under § 16.21, agency is required to issue a Director’s Compliance a potential complainant to engage in determination in 120 days from the due good faith efforts to resolve the disputed date of the last pleading (i.e., reply or Subpart E contains procedures that matter informally with potentially rebuttal). The provision in the NPRM provide the respondent an opportunity responsible respondents before filing a allowing the Director to extend the to file a request for hearing within 20 complaint with the FAA under part 16. period for issuing an initial days after service of the Director’s Informal resolution may include determination by 60 days for good cause determination if the determination mediation, arbitration, use of a dispute was deleted from the final rule in order proposes a sanction against the sponsor resolution board, or other form of third- to further expedite this administrative subject to § 519(b) of the AAIA or § 1002 party assistance, including assistance complaint procedure. of the FAA Act. The 20-day period to from the responsible FAA Airports The Director’s determination is file a request for hearing was reduced District Office or FAA Regional Airports intended to provide a timely and from 30 days in the NPRM in order to Division. authoritative indication of the agency’s provide a more efficient and expedited Under § 16.21, it will be necessary for position on a complaint. While the process. If the respondent elects a the potential complainant or its Director’s determination can be hearing, the agency will issue a hearing representative to certify that good faith appealed to the Associate Administrator order. efforts have been made to achieve under § 16.33, the FAA expects that, in Alternatively, if the respondent informal resolution. To protect the many instances, the Director’s waives hearing and instead files a parties and for consistency with Rule determination will resolve the issues written appeal (within 30 days), the 408 of the Federal Rules of Evidence, raised in the complaint to the Associate Administrator will issue a the certification will not include satisfaction of the parties. In such cases, final decision in accordance with the information on monetary or other the parties may find it more beneficial procedures set forth in § 16.33. If the settlement offers made but not agreed to negotiate a solution based on the respondent fails to respond to the upon in writing. As explained earlier, FAA’s initial position than to continue Director’s determination, the initial under § 16.21(a), the FAA ADO or to litigate the matter. determination becomes final. Regional Airports Division, will be Under the final rule, the Associate The final rule, based on comments available upon request to assist the Administrator will issue the final received, includes a new ground for the parties with informal resolution. decision on appeal from a Director’s agency to provide the opportunity for a The final rule retains the requirement determination without a hearing under hearing under § 16.109(a): If the agency that a complainant be ‘‘directly and § 16.33. If the initial determination finds proposes to issue an order withholding substantially affected by any alleged the sponsor in compliance and approval of any new application to noncompliance’’ in order to have dismisses the complaint, the impose a passenger facility charge standing to file a complaint under complainant may appeal the pursuant to § 112 of the FAA Act, 49 § 16.23. However, as explained above determination by a written appeal to the U.S.C. 47111(e). That new statutory complainants alleging revenue diversion Associate Administrator within 30 days. section creates additional enforcement by an airport will be considered to be The Associate Administrator is required mechanisms against illegal revenue directly and substantially affected by to issue a final agency decision in an diversion including the withholding of the alleged revenue diversion, if appeal by a complainant within 60, not a new application to impose a passenger complainants do business with the 30 days of the due date for the reply facility charge. The statute requires the airport and pay fees or rentals to the brief, as proposed in the NPRM. The FAA to provide an opportunity for airport. additional time for issuing a final hearing before imposing this sanction. To provide a more efficient and agency decision was added to the final The opportunity for a hearing by the expedited process the time periods for rule to assure the agency adequate time agency under part 16 is limited to those filing a reply to the answer and a to review the record, prepare, and issue cases where there is a statutory rebuttal to the reply in § 16.23 (e) and a final decision. requirement to offer the opportunity for (f) were reduced from 15 to 10 days. If the Director’s determination a hearing before the FAA takes a At the suggestion of one commenter, contains a finding of noncompliance particular action, or specific cases in the final rule adds ‘‘lack of standing’’ as and the respondent is entitled to a which the FAA elects to offer a hearing. another possible ground for dismissal hearing, the determination will provide Section 16.109(b)(3) allows with prejudice under § 16.25. Besides the sponsor the opportunity to elect an respondent and complainant to file a dismissal of complaints that clearly do oral evidentiary hearing under subpart joint motion to withdraw the complaint not state a cause of action, or those that F. The procedure for electing or waiving and dismiss the proposed compliance do not come within the jurisdiction of a hearing is set forth in subpart E. If the action. The FAA may, subject to its the Administrator, a complaint may also respondent waives a hearing and discretion, grant the motion if it finds be dismissed if the complainant lacks instead elects to file a written appeal to that a settlement by the parties fully 54002 Federal Register / Vol. 61, No. 201, Wednesday, October 16, 1996 / Rules and Regulations resolves the complaint violation and The provisions of § 16.233 on 16.247(b) identifies FAA decisions and further compliance action is not evidence, in part, are to permit the actions under part 16 that the FAA does necessary. hearing officer to exercise control over not consider to be judicially reviewable the hearing. Contrary to the suggestion Subpart F—Hearings final agency orders. of one commenter, they are not intended Subpart F contains the procedures for to authorize the hearing officer to Subpart I—Ex Parte Communications initiating and conducting adjudicative preclude all cross-examination of a The rule on ex parte communications hearings. The hearing order, issued by witness. the Deputy Chief Counsel under is based on subpart J of the Rules of In keeping with the time limitations Practice in Air Safety Proceedings of the § 16.201, will set the scope of the imposed by section 519(b) of the AAIA, hearing by identifying the issues to be NTSB, 49 CFR Part 821, subpart J, § 16.235(a) of the final rule retains the modified to reflect the fact that FAA resolved, as well as assigning the provision permitting the hearing officer employees function as both parties and hearing officer. If no material facts that to allow written argument during the decisional employees in hearings require oral examination of witnesses hearing only if the hearing officer finds conducted under subpart F of part 16. are in dispute, the hearing may be that such argument would not delay the limited to submission of briefs and oral hearing. Parties may make their Subpart J—Alternative Procedure for argument. arguments in posthearing briefs under Certain Complaints Concerning Airport In the hearing, the agency attorney § 16.235(b). Rates and Charges will represent the agency’s position before the hearing officer and will have Subpart G—Initial Decisions, Orders As explained above, subpart J of the the same status as any other and Appeals proposed rule, containing special representatives of a party. The rule Subpart G provides procedures for procedures for the handling of airport includes commonly used adjudicatory issuance of initial decisions and orders fee complaints by U.S. and foreign air procedures, such as representation of by hearing officers, appeals of the initial carriers, was withdrawn on September the parties by attorneys, intervention, decision to the Associate Administrator 16, 1994 [59 FR 47568]. participation by non-parties, pretrial for Airports, and issuance of consent procedures and discovery, the orders. Regulatory Evaluation Summary availability of compulsory process to Section 16.241 governs procedures Introduction obtain evidence, and procedures for and time frames for initial decisions and using at the hearing. These provisions administrative appeals based on 14 CFR This regulatory evaluation examines are intended to provide the parties with 13.20(g)–(i). However, shorter time the costs and benefits of the final rule a reasonable opportunity to prepare periods are provided to accommodate concerning Rules for Federally-Assisted their cases, while allowing the process the time limits of § 519 of the AAIA. In Airport Proceedings. The rule to be completed expeditiously. To appeals from initial decisions of hearing establishes rules of practice for filing assure an expeditious hearing process, officers, under § 16.241(c) and complaints and adjudicating paragraph (b) was added to § 16.213, 16.241(f)(2), the Associate compliance matters involving Federally- discovery, to emphasize the hearing Administrator must issue the final assisted airports. The rule is intended to officer’s authority and duty to limit agency decision within 30 days of the expedite substantially the handling and discovery wherever feasible. due date of the reply. This provision disposition of airport-related The final rule made the following insures that the final agency decision is complaints. Since the impacts of the clarifications and corrections to the issued within the 180-day time period changes are relatively minor this subpart based on comments received. of section 519. economic summary constitutes the The final rule added ‘‘or notice of In addition, the rule includes a analysis and no regulatory evaluation investigation’’ to § 16.201(1) to clarify provision for sua sponte review of an will be placed in the docket. that the provisions of subpart F may initial decision by the Associate Changes to Federal regulations must apply to proceedings initiated by the Administrator, consistent with the FAA under subpart D. The final rule practice under 14 CFR 302.28(d). undergo several economic analyses. deleted an incorrect citation in Section 16.243 governing disposal of First, Executive Order 12866 directs that § 16.203(a)(2) and replaced it with a cases by consent orders is derived from each Federal agency shall propose or citation to § 16.13. 14 CFR 13.13. adopt a regulation only upon a reasoned In the NPRM, the last phrase in As explained above, the final rule determination that the benefits of the proposed § 16.209(d) cited section replaced all references to the ‘‘FAA intended regulation justify its costs. 519(b) of the AAIA. The citation to the decisionmaker,’’ though technically Second, the Regulatory Flexibility Act AAIA was included because the AAIA correct, with the ‘‘Associate of 1980 requires agencies to analyze the provision contains the 180-day time Administrator,’’ to avoid confusion and economic effect of regulatory changes limitation for a determination which clarify. The ultimate decisionmaker in on small entities. Third, the Office of could affect the length of extensions of part 16 proceedings, with or without Management and Budget directs time granted under part 16. (Although, hearings, is the Associate Administrator agencies to assess the effects of at this time, the FAA does not foresee for Airports for the reasons previously regulatory changes on international any circumstances where it would given. trade. In conducting these analyses, the provide for a hearing and section 519(b) FAA has determined that this rule is ‘‘a of the AAIA would not be applicable, in Subpart H—Judicial Review significant regulatory action’’ as defined a case not covered by section 519(b), an Subpart H contains rules applicable to in the Executive Order and the extension of time by the hearing officer judicial review of final agency orders. Department of Transportation for any reason could extend all of the Section 16.247(a) sets forth the basic Regulatory Policies and Procedures. due dates beyond the 180-day time authority to seek judicial review. The This rule would not have a significant limitation.) This provision is being provision is based on 14 CFR 13.235. impact on a substantial number of small modified in the final rule to clarify this Specific reference to section 519(b)(4) of entities and would not constitute a point. the AAIA has been added. Section barrier to international trade. Federal Register / Vol. 61, No. 201, Wednesday, October 16, 1996 / Rules and Regulations 54003

Costs And Benefits advantages of the rule are in the form of review by the FAA’s Office of Airports increased cost effectiveness and Safety and Standards, and a legal review This final rule adopts a new timeliness in resolving complaints. The by an attorney in the Office of Chief procedure for the filing, investigation, rule will use FAA resources better and Counsel. A GS–12 (step 5) employee and adjudication of complaints against result in modest cost savings. requires 30 hours to complete the field airports for violation of certain statutes About 30 investigations are initiated investigation, a GS–13 (step 5) requires administered by the FAA. The new per year due to complaints filed with 30 hours to complete the initial review, procedures will substitute for existing the FAA. Each investigation takes an and a GS–14 (step 5) employee requires procedures under 14 CFR part 13. There average of 3 years before a ruling is 20 hours to complete the legal review. are no intended safety benefits that issued. The typical investigation The average cost per investigation is result from this rule. The intended requires a field investigation, an initial $3,100. (See Table 1.)

TABLE 1.ÐCOST OF INVESTIGATIONS CURRENT AND UNDER NEW RULE

Average Yearly Hourly Loaded Hours grade salary rate rate Cost

CURRENT SITUATION Field investigation ...... 35 GS±12 $50,388 $24.14 $31.39 $1,098.54 Initial review at HQ ...... 30 GS±13 59,917 28.71 37.32 1,119.68 Attorney review at HQ ...... 20 GS±14 70,804 33.93 44.10 882.08

Average cost per investigation ...... $3,100 Average annual number of investigations ...... 30

Average annual cost of investigations ...... $93,009 NEW SITUATION Field ...... 4 GS±12 $50,388 $24.14 $31.39 $125.55 Initial review at HQ ...... 40 GS±13 59,917 28.71 37.32 1,492.90 Attorney review at HQ ...... 20 GS±14 70,804 33.93 44.10 882.08

Average cost per investigation ...... $2,501 Average annual number of investigations ...... 30

Average annual cost of investigations ...... $75,016 Savings ...... $17,993

This number assumes a 30-percent measurable economic impact the FAA substantial number or small entities. loaded hourly rate for fringe benefits. estimates is a slight cost savings to Based on the potential relief that the The annual cost of investigations is administer airport proceedings due to rule provides and the criteria contained estimated to be $93,000. the utilization of government resources in FAA Order 2100.14A, Regulatory Under the new rule, determinations in a more efficient manner. The FAA Flexibility Criteria and Guidance, the will be made without the need for a finds that the proposed rule is cost- FAA has determined that the rule will field investigation. The FAA will be beneficial. not have a significant economic impact able to decide the merits of the case by International Trade Impact Assessment on a substantial number of small looking at the record solely. The field entities. investigation is expected to require 4 The Office of Management and Budget hours of the GS–12 (step 5) employee directs agencies to assess the effects of Federalism Implications regulatory changes on international time, mostly to complete the proper The regulations adopted herein will trade. There should be no effect on forms; the initial review at headquarters not have substantial direct effects on the aircraft manufacturers or operators (U.S. is expected to require 40 hours of the States, on the relationship between the GS–13 (step 5) employee’s time, and the or foreign). Therefore, the FAA has national government and the States, or legal review is expected to remain at 20 determined that the proposed rule on the distribution of power and hours of the GS–14 (step 5) employee’s would neither have an effect on the sale responsibilities among the various time. The average cost per investigation of foreign aviation products nor services levels of government. Therefore, in is estimated to be $2,500 and the annual in the United States, nor would it have accordance with Executive Order 12612, cost of investigations will be $75,000 an effect on the sale of U.S. products or it is determined that this final rule does (Table 1). The final rule will result in an services in foreign countries. not have sufficient federalism average cost savings of $18,000 per year Regulatory Flexibility Determination implications to warrant the preparation on investigations. Furthermore the FAA of a Federalism Assessment. estimates that instead of 3 years per The Regulatory Flexibility Act (RFA) investigation, each investigation will of 1980 was enacted by Congress to Paperwork Reduction Act now take on average 1 year. ensure that small entities are not unnecessarily or disproportionately This final rule contains no Conclusion burdened by Government regulations. information collection requirements that The FAA has determined that the The RFA requires a Regulatory require approval of the Office of final rule would have only moderate Flexibility Analysis if a rule would have Management and Budget pursuant to the economic impacts on the industry, a significant economic impact, either Paperwork Reduction Act of 1980 (44 public, or government. The only detrimental or beneficial, on a U.S.C. 3507 et seq.) 54004 Federal Register / Vol. 61, No. 201, Wednesday, October 16, 1996 / Rules and Regulations

Conclusion Subpart BÐGeneral Rules Applicable to 1723, 1726, 1727, 40103(e), 40113, 40116, Complaints, Proceedings Initiated by the 44502(b), 46101, 46104, 46110, 47104, For the reasons discussed in the FAA, and Appeals preamble, and based on the findings in 47106(e), 47107, 47108, 47111(d), 47122, the Regulatory Flexibility Determination 16.11 Expedition and other modification of 47123–47125, 47151–47153, 48103. and the International Trade Analysis, process. 16.13 Filing of documents. Subpart AÐGeneral Provisions the FAA has determined that this final 16.15 Service of documents on the parties rule is not economically significant and the agency. § 16.1 Applicability and description of part. under Executive Order 12866. This final 16.17 Computation of time. rule is considered significant under 16.19 Motions. (a) General. The provisions of this DOT Regulatory Policies and Procedures part govern all proceedings involving Subpart CÐSpecial Rules Applicable to Federally-assisted airports, except for (44 FR 111034, February 26, 1979) and Complaints Executive Order 12866. The FAA disputes between U.S. and foreign air 16.21 Pre-complaint resolution. carriers and airport proprietors certifies that this final rule will not have 16.23 Complaints, answers, replies, a significant economic impact, positive rebuttals, and other documents. concerning the reasonableness of airport or negative, on a substantial number of 16.25 Dismissals. fees covered by 14 CFR part 302, small entities under the criteria of the 16.27 Incomplete complaints. whether the proceedings are instituted Regulatory Flexibility Act. 16.29 Investigations. by order of the FAA or by filing with the 16.31 Director’s determinations after FAA a complaint, under the following List of Subjects investigations. 16.33 Final decisions without hearing. authorities: 14 CFR Part 13 (1) 49 U.S.C. 40103(e), prohibiting the Enforcement procedures, Subpart DÐSpecial Rules Applicable to Proceedings Initiated by the FAA grant of exclusive rights for the use of Investigations, Penalties. any landing area or air navigation 16.101 Basis for the initiation of agency 14 CFR Part 16 action. facility on which Federal funds have Enforcement procedures, 16.103 Notice of investigation. been expended (formerly section 308 of Investigations. 16.105 Failure to resolve informally. the Federal Aviation Act of 1958, as amended). The Amendments Subpart EÐProposed Orders of Compliance (2) Requirements of the Anti-Head Accordingly, the Federal Aviation 16.109 Orders terminating eligibility for Tax Act, 49 U.S.C. 40116. Administration amends chapter I of title grants, cease and desist orders, and other (3) The assurances contained in grant- 14 of the Code of Federal Regulations as compliance orders. follows: in-aid agreements issued under the Subpart FÐHearings Federal Airport Act of 1946, 49 U.S.C. PART 13ÐINVESTIGATIVE AND 16.201 Notice and order of hearing. 1101 et seq (repealed 1970). ENFORCEMENT PROCEDURES 16.202 Powers of a hearing officer. (4) The assurances contained in grant- 16.203 Appearances, parties, and rights of in-aid agreements issued under the 1. The authority citation for part 13 parties. continues to read as follows: 16.207 Intervention and other participation. Airport and Airway Development Act of Authority: 18 U.S.C. 6002; 49 U.S.C. 16.209 Extension of time. 1970, as amended, 49 U.S.C. 1701 et 106(g), 5121–5124, 40113–40114, 44103– 16.211 Prehearing conference. seq. 44106, 44702–44703, 44709–44710, 44713, 16.213 Discovery. (5) The assurances contained in grant- 46101–46110, 46301–46316, 46501–46502, 16.215 Depositions. 46504–46507, 47106, 47111, 47122, 47306, 16.217 Witnesses. in-aid agreements issued under the 47531–47532. 16.219 Subpoenas. Airport and Airway Improvement Act of 2. Section 13.3 is amended by adding 16.221 Witness fees. 1982 (AAIA), as amended, 49 U.S.C. a new paragraph (d) to read as follows: 16.223 Evidence. 47101 et seq., specifically section 16.225 Public disclosure of evidence. 511(a), 49 U.S.C. 47107(a) and (b). § 13.3 Investigations (general). 16.227 Standard of proof. (6) Section 505(d) of the Airport and * * * * * 16.229 Burden of proof. (d) A complaint against the sponsor, 16.231 Offer of proof. Airway Improvement Act of 1982, as 16.233 Record. amended, 49 U.S.C. 47113. proprietor, or operator of a Federally- 16.235 Argument before the hearing officer. assisted airport involving violations of 16.237 Waiver of procedures. (7) Obligations contained in property the legal authorities listed in § 16.1 of deeds for property transferred pursuant this chapter shall be filed in accordance Subpart GÐInitial Decisions, Orders and to section 16 of the Federal Airport Act Appeals with the provisions of part 16 of this (49 U.S.C. 1115), section 23 of the chapter, except in the case of 16.241 Initial decisions, orders, and Airport and Airway Development Act complaints, investigations, and appeals. 16.243 Consent orders. (49 U.S.C. 1723), or section 516 of the proceedings initiated before December Airport and Airway Improvement Act 16, 1996, the effective date of part 16 of Subpart HÐJudicial Review (49 U.S.C. 47125). this chapter. 16.247 Judicial review of a final decision (8) Obligations contained in property 3. A new part 16 is added to and order. subchapter B to read as follows: deeds for property transferred under the Subpart IÐEx Parte Communications Surplus Property Act (49 U.S.C. 47151– PART 16ÐRULES OF PRACTICE FOR 16.301 Definitions. 47153). FEDERALLY-ASSISTED AIRPORT 16.303 Prohibited ex parte (b) Other agencies. Where a grant ENFORCEMENT PROCEEDINGS communications. 16.305 Procedures for handling ex parte assurance concerns a statute, executive Subpart AÐGeneral Provisions communications. Sec. 16.307 Requirement to show cause and 16.1 Applicability and description of part. imposition of sanction. 16.3 Definitions. Authority: 49 U.S.C. 106(g), 322, 1110, 16.5 Separation of functions. 1111, 1115, 1116, 1718 (a) and (b), 1719, Federal Register / Vol. 61, No. 201, Wednesday, October 16, 1996 / Rules and Regulations 54005 order, regulation, or other authority that allegedly done or omitted to be done by Federal financial assistance for airport provides an administrative process for any person in contravention of any development or planning under the the investigation or adjudication of provision of any Act, as defined in this Federal Airport Act, Airport and Airway complaints by a Federal agency other section, as to matters within the Development Act or Airport and Airway than the FAA, persons shall use the jurisdiction of the Administrator. Improvement Act; administrative process established by Director means the Director of the (2) Any private owner of a public-use those authorities. Where a grant Office of Airport Safety and Standards. airport that has received financial assurance concerns a statute, executive Director’s determination means the assistance from the FAA for such order, regulation, or other authority that initial determination made by the airport; and enables a Federal agency other than the Director following an investigation, (3) Any person to whom the Federal FAA to investigate, adjudicate, and which is a non-final agency decision. Government has conveyed property for enforce compliance under those File means to submit written airport purposes under section 13(g) of authorities on its own initiative, the documents to the FAA for inclusion in the Surplus Property Act of 1944, as FAA may defer to that Federal agency. the Part 16 Airport Proceedings Docket amended. (c) Other enforcement. If a complaint or to a hearing officer. or action initiated by the FAA involves Final decision and order means a final § 16.5 Separation of functions. a violation of the 49 U.S.C. subtitle VII agency decision that disposes of a (a) Proceedings under this part, or FAA regulations, except as specified complaint or determines a respondent’s including hearings under subpart F of in paragraphs (a)(1) and (a)(2) of this compliance with any Act, as defined in this part, will be prosecuted by an section, the FAA may take investigative this section, and directs appropriate agency attorney. action. and enforcement action under 14 CFR (b) After issuance of an initial part 13, ‘‘Investigative and Enforcement Hearing officer means an attorney designated by the FAA in a hearing determination in which the FAA Procedures.’’ provides the opportunity for a hearing, (d) Effective date. This part applies to order to serve as a hearing officer in a an agency employee engaged in the a complaint filed with the FAA and to hearing under this part. The following performance of investigative or an investigation initiated by the FAA on are not designated as hearing officers: prosecutorial functions in a proceeding or after December 16, 1996. the Chief Counsel and Deputy Chief Counsel; the Assistant Chief Counsel under this part will not, in that case or § 16.3 Definitions. and attorneys in the FAA region or a factually related case, participate or Terms defined in the Acts are used as center in which the noncompliance has give advice in an initial decision by the so defined. As used in this part: allegedly occurred or is occurring; the hearing officer, or a final decision by the Act means a statute listed in § 16.1 Assistant Chief Counsel and attorneys in Associate Administrator or designee on and any regulation, agreement, or the Airports and Environmental Law written appeal, and will not, except as document of conveyance issued or made Division of the FAA Office of the Chief counsel or as witness in the public under that statute. Counsel; and the Assistant Chief proceedings, engage in any substantive Agency attorney means the Deputy Counsel and attorneys in the Litigation communication regarding that case or a Chief Counsel; the Assistant Chief Division of the FAA Office of Chief related case with the hearing officer, the Counsel and attorneys in the Airports/ Counsel. Associate Administrator on written Environmental Law Division of the Initial decision means a decision appeal, or agency employees advising Office of the Chief Counsel; the made by the hearing officer in a hearing those officials in that capacity. Assistant Chief Counsel and attorneys in under subpart F of this part. (c) The Chief Counsel, the Assistant an FAA region or center who represent Mail means U.S. first class mail; U.S. Chief Counsel for Litigation, or an the FAA during the investigation of a certified mail; and U.S. express mail. attorney on the staff of the Assistant complaint or at a hearing on a Noncompliance means anything done Chief Counsel for Litigation advises the complaint, and who prosecute on behalf or omitted to be done by any person in Associate Administrator regarding an of the FAA, as appropriate. An agency contravention of any provision of any initial decision, an appeal, or a final attorney shall not include the Chief Act, as defined in this section, as to decision regarding any case brought Counsel; the Assistant Chief Counsel for matters within the jurisdiction of the under this part. Litigation, or any attorney on the staff of Administrator. the Assistant Chief Counsel for Party means the complainant(s) and Subpart BÐGeneral Rules Applicable Litigation, who advises the Associate the respondent(s) named in the to Complaints, Proceedings Initiated Administrator regarding an initial complaint and, after an initial by the FAA, and Appeals decision of the hearing officer or any determination providing an opportunity § 16.11 Expedition and other modification appeal to the Associate Administrator or for hearing is issued under § 16.31 and of process. who is supervised in that action by a subpart E of this part, the agency. person who provides such advice in an Person in addition to its meaning (a) Under the authority of 49 U.S.C. action covered by this part. under 49 U.S.C. 40102(a)(33), includes a 40113 and 47121, the Director may Agency employee means any public agency as defined in 49 U.S.C. conduct investigations, issue orders, employee of the U.S. Department of 47102(a)(15). and take such other actions as are Transportation. Personal delivery means hand necessary to fulfill the purposes of this Associate Administrator means the delivery or overnight express delivery part, including the extension of any Associate Administrator for Airports or service. time period prescribed where necessary a designee. Respondent means any person named or appropriate for a fair and complete Complainant means the person in a complaint as a person responsible hearing of matters before the agency. submitting a complaint. for noncompliance. (b) Notwithstanding any other Complaint means a written document Sponsor means: provision of this part, upon finding that meeting the requirements of this part (1) Any public agency which, either circumstances require expedited filed with the FAA by a person directly individually or jointly with one or more handling of a particular case or and substantially affected by anything other public agencies, has received controversy, the Director may issue an 54006 Federal Register / Vol. 61, No. 201, Wednesday, October 16, 1996 / Rules and Regulations order directing any of the following (e) Signing of documents and other If no such person has been designated, prior to the issuance of the Director’s papers. The original of every document service shall be made on the party. determination: filed shall be signed by the person filing (d) Presumption of service. There (1) Shortening the time period for any it or the person’s duly authorized shall be a presumption of lawful action under this part consistent with representative. The signature shall serve service— due process; as a certification that the signer has read (1) When acknowledgment of receipt (2) If other adequate opportunity to the document and, based on reasonable is by a person who customarily or in the respond to pleadings is available, inquiry and to the best of the signer’s ordinary course of business receives eliminating the reply, rebuttal, or other knowledge, information, and belief, the mail at the address of the party or of the actions prescribed by this part; document is— person designated under § 16.13(f); or (3) Designating alternative methods of (1) Consistent with this part; (2) When a properly addressed service; or (2) Warranted by existing law or that envelope, sent to the most current (4) Directing such other measures as a good faith argument exists for address submitted under § 16.13(f), has may be required. extension, modification, or reversal of been returned as undeliverable, existing law; and § 16.13 Filing of documents. unclaimed, or refused. (3) Not interposed for any improper (e) Date of service. The date of service Except as otherwise provided in this purpose, such as to harass or to cause shall be determined in the same manner part, documents shall be filed with the unnecessary delay or needless increase as the filing date under § 16.13(b). FAA during a proceeding under this in the cost of the administrative process. part as follows: (f) Designation of person to receive § 16.17 Computation of time. (a) Filing address. Documents to be service. The initial document filed by This section applies to any period of filed with the FAA shall be filed with any person shall state on the first page time prescribed or allowed by this part, the Office of the Chief Counsel, the name, post office address, telephone by notice or order of the hearing officer, Attention: FAA Part 16 Airport number, and facsimile number, if any, or by an applicable statute. Proceedings Docket, AGC–610, Federal of the person(s) to be served with (a) The date of an act, event, or Aviation Administration, 800 documents in the proceeding. If any of default, after which a designated time Independence Ave., SW., Washington, these items change during the period begins to run, is not included in DC, 20591. Documents to be filed with proceeding, the person shall promptly a computation of time under this part. a hearing officer shall be filed at the file notice of the change with the FAA (b) The last day of a time period is address stated in the hearing order. Part 16 Airport Proceedings Docket and included in a computation of time (b) Date and method of filing. Filing the hearing officer and shall serve the unless it is a Saturday, Sunday, or legal of any document shall be by personal notice on all parties. holiday for the FAA, in which case, the delivery or mail as defined in this part, (g) Docket numbers. Each submission time period runs until the end of the or by facsimile (when confirmed by identified as a complaint under this part next day that is not a Saturday, Sunday, filing on the same date by one of the by the submitting person will be or legal holiday. foregoing methods). Unless the date is assigned a docket number. (c) Whenever a party has the right or shown to be inaccurate, documents to is required to do some act within a be filed with the FAA shall be deemed § 16.15 Service of documents on the prescribed period after service of a to be filed on the date of personal parties and the agency. document upon the party, and the delivery, on the mailing date shown on Except as otherwise provided in this document is served on the party by the certificate of service, on the date part, documents shall be served as mail, 3 days shall be added to the shown on the postmark if there is no follows: prescribed period. certificate of service, on the send date (a) Who must be served. Copies of all shown on the facsimile (provided filing documents filed with the FAA Part 16 § 16.19 Motions. has been confirmed through one of the Airport Proceedings Docket shall be (a) General. An application for an foregoing methods), or on the mailing served by the persons filing them on all order or ruling not otherwise date shown by other evidence if there is parties to the proceeding. A certificate specifically provided for in this part no certificate of service and no of service shall accompany all shall be by motion. Unless otherwise postmark. documents when they are tendered for ordered by the agency, the filing of a (c) Number of copies. Unless filing and shall certify concurrent motion will not stay the date that any otherwise specified, an executed service on the FAA and all parties. action is permitted or required by this original and three copies of each Certificates of service shall be in part. document shall be filed with the FAA substantially the following form: (b) Form and contents. Unless made Part 16 Airport Proceedings Docket. I hereby certify that I have this day served during a hearing, motions shall be made Copies need not be signed, but the name the foregoing [name of document] on the in writing, shall state with particularity of the person signing the original shall following persons at the following addresses the relief sought and the grounds for the be shown. If a hearing order has been and facsimile numbers (if also served by relief sought, and shall be accompanied issued in the case, one of the three facsimile) by [specify method of service]: by affidavits or other evidence relied copies shall be filed with the hearing [list persons, addresses, facsimile numbers] upon. Motions introduced during officer. If filing by facsimile, the Dated this lll day of lll, 19ll. hearings may be made orally on the facsimile copy does not constitute one [signature], for [party] record, unless the hearing officer directs of the copies required under this (b) Method of service. Except as otherwise. section. otherwise agreed by the parties and the (c) Answers to motions. Except as (d) Form. Documents filed with the hearing officer, the method of service is otherwise provided in this part, or FAA shall be typewritten or legibly the same as set forth in § 16.13(b) for except when a motion is made during a printed. In the case of docketed filing documents. hearing, any party may file an answer in proceedings, the document shall (c) Where service shall be made. support of or in opposition to a motion, include the docket number of the Service shall be made to the persons accompanied by affidavits or other proceeding on the front page. identified in accordance with § 16.13(f). evidence relied upon, provided that the Federal Register / Vol. 61, No. 201, Wednesday, October 16, 1996 / Rules and Regulations 54007 answer to the motion is filed within 10 (2) Be served, in accordance with (b) On its face it does not state a claim days after the motion has been served § 16.15, along with all documents then that warrants an investigation or further upon the person answering, or any other available in the exercise of reasonable action by the FAA; or period set by the hearing officer. Where diligence, offered in support of the (c) The complainant lacks standing to a motion is made during a hearing, the complaint, upon all persons named in file a complaint under §§ 16.3 and answer and the ruling thereon may be the complaint as persons responsible for 16.23. The Director’s dismissal will made at the hearing, or orally or in the alleged action(s) or omission(s) upon include the reasons for the dismissal. writing within the time set by the which the complaint is based; hearing officer. (3) Provide a concise but complete § 16.27 Incomplete complaints. statement of the facts relied upon to If a complaint is not dismissed Subpart CÐSpecial Rules Applicable substantiate each allegation; and pursuant to § 16.25 of this part, but is to Complaints (4) Describe how the complainant was deficient as to one or more of the directly and substantially affected by requirements set forth in § 16.21 or § 16.21 Pre-complaint resolution. the things done or omitted to be done § 16.23(b), the Director will dismiss the (a) Prior to filing a complaint under by the respondents. complaint within 20 days after receiving this part, a person directly and (c) Unless the complaint is dismissed it. Dismissal will be without prejudice substantially affected by the alleged pursuant to § 16.25 or § 16.27, the FAA to the refiling of the complaint after noncompliance shall initiate and engage notifies the complainant and amendment to correct the deficiency. in good faith efforts to resolve the respondents in writing within 20 days The Director’s dismissal will include disputed matter informally with those after the date the FAA receives the the reasons for the dismissal. individuals or entities believed complaint that the complaint has been § 16.29 Investigations. responsible for the noncompliance. docketed and that respondents are These efforts at informal resolution may required to file an answer within 20 (a) If, based on the pleadings, there include, without limitation, at the days of the date of service of the appears to be a reasonable basis for parties’ expense, mediation, arbitration, notification. further investigation, the FAA or the use of a dispute resolution board, (d) The respondent shall file an investigates the subject matter of the or other form of third party assistance. answer within 20 days of the date of complaint. The FAA Airports District Office, FAA service of the FAA notification. (b) The investigation may include one Airports Field Office, or FAA Regional (e) The complainant may file a reply or more of the following, at the sole Airports Division responsible for within 10 days of the date of service of discretion of the FAA: administrating financial assistance to the answer. (1) A review of the written the respondent airport proprietor, will (f) The respondent may file a rebuttal submissions or pleadings of the parties, be available upon request to assist the within 10 days of the date of service of as supplemented by any informal parties with informal resolution. the complainant’s reply. investigation the FAA considers (b) A complaint under this part will (g) The answer, reply, and rebuttal necessary and by additional information not be considered unless the person or shall, like the complaint, be furnished by the parties at FAA request. authorized representative filing the accompanied by supporting In rendering its initial determination, complaint certifies that substantial and documentation upon which the parties the FAA may rely entirely on the reasonable good faith efforts to resolve rely. complaint and the responsive pleadings the disputed matter informally prior to (h) The answer shall deny or admit provided under this subpart. Each party filing the complaint have been made the allegations made in the complaint or shall file documents that it considers and that there appears no reasonable state that the person filing the document sufficient to present all relevant facts prospect for timely resolution of the is without sufficient knowledge or and argument necessary for the FAA to dispute. This certification shall include information to admit or deny an determine whether the sponsor is in a brief description of the party’s efforts allegation, and shall assert any compliance. to obtain informal resolution but shall affirmative defense. (2) Obtaining additional oral and not include information on monetary or (i) The answer, reply, and rebuttal documentary evidence by use of the other settlement offers made but not shall each contain a concise but agency’s authority to compel production agreed upon in writing by all parties. complete statement of the facts relied of such evidence under section 313 upon to substantiate the answers, Aviation Act, 49 U.S.C. 40113 and § 16.23 Complaints, answers, replies, admissions, denials, or averments made. 46104, and section 519 of the Airport rebuttals, and other documents. (j) The respondent’s answer may and Airway Improvement Act, 49 U.S.C. (a) A person directly and substantially include a motion to dismiss the 47122. The Administrator’s statutory affected by any alleged noncompliance complaint, or any portion thereof, with authority to issue compulsory process may file a complaint with the a supporting memorandum of points has been delegated to the Chief Counsel, Administrator. A person doing business and authorities. If a motion to dismiss the Deputy Chief Counsel, the Assistant with an airport and paying fees or is filed, the complainant may respond as Chief Counsel for Airports and rentals to the airport shall be considered part of its reply notwithstanding the 10- Environmental Law, and each Assistant directly and substantially affected by day time limit for answers to motions in Chief Counsel for a region or center. alleged revenue diversion as defined in § 16.19(c). (3) Conducting or requiring that a 49 U.S.C. 47107(b). sponsor conduct an audit of airport (b) Complaints filed under this part § 16.25 Dismissals. financial records and transactions as shall— Within 20 days after the receipt of the provided in 49 U.S.C. 47107 and 47121. (1) State the name and address of each complaint, the Director will dismiss a person who is the subject of the complaint, or any claim made in a § 16.31 Director's determinations after complaint and, with respect to each complaint, with prejudice if: investigations. person, the specific provisions of each (a) It appears on its face to be outside (a) After consideration of the Act that the complainant believes were the jurisdiction of the Administrator pleadings and other information violated; under the Acts listed in § 16.1; obtained by the FAA after investigation, 54008 Federal Register / Vol. 61, No. 201, Wednesday, October 16, 1996 / Rules and Regulations the Director will render an initial Subpart DÐSpecial Rules Applicable (c) Within 20 days after service of a determination and provide it to each to Proceedings Initiated by the FAA Director’s determination under § 16.31 party by certified mail within 120 days and paragraph (b) of this section, a of the date the last pleading specified in § 16.101 Basis for the initiation of agency person subject to the proposed action. § 16.23 was due. compliance order may— The FAA may initiate its own (1) Request a hearing under subpart F (b) The Director’s determination will investigation of any matter within the of this part; set forth a concise explanation of the applicability of this part without having (2) Waive hearing and appeal the factual and legal basis for the Director’s received a complaint. The investigation Director’s determination in writing to determination on each claim made by may include, without limitation, any of the Associate Administrator, as the complainant. the actions described in § 16.29(b). provided in § 16.33; (c) A party adversely affected by the (3) File, jointly with a complainant, a § 16.103 Notice of investigation. Director’s determination may appeal the motion to withdraw the complaint and initial determination to the Associate Following the initiation of an to dismiss the proposed compliance Administrator as provided in § 16.33. investigation under § 16.101, the FAA action; or sends a notice to the person(s) subject (4) Submit, jointly with the agency (d) If the Director’s determination to investigation. The notice will set attorney, a proposed consent order finds the respondent in noncompliance forth the areas of the agency’s concern under § 16.243(e). and proposes the issuance of a and the reasons therefor; request a (d) If the respondent fails to request compliance order, the initial response to the notice within 30 days of a hearing or to file an appeal in writing determination will include notice of the date of service; and inform the within the time periods provided in opportunity for a hearing under subpart respondent that the FAA will, in its paragraph (c) of this section, the F of this part, if such an opportunity is discretion, invite good faith efforts to Director’s determination becomes final. provided by the FAA. The respondent resolve the matter. may elect or waive a hearing as Subpart FÐHearings provided in subpart E of this part. § 16.105 Failure to resolve informally. If the matters addressed in the FAA § 16.201 Notice and order of hearing. § 16.33 Final decisions without hearing. notices are not resolved informally, the (a) If a respondent is provided the opportunity for hearing in an initial (a) The Associate Administrator will FAA may issue a Director’s determination and does not waive issue a final decision on appeal from the determination under § 16.31. hearing, the Deputy Chief Counsel Director’s determination, without a Subpart EÐProposed Orders of within 10 days after the respondent hearing, where— Compliance elects a hearing will issue and serve on (1) The complaint is dismissed after the respondent and complainant a investigation; § 16.109 Orders terminating eligibility for grants, cease and desist orders, and other hearing order. The hearing order will set (2) A hearing is not required by compliance orders. forth: (1) The allegations in the complaint, statute and is not otherwise made This section applies to initial available by the FAA; or or notice of investigation, and the determinations issued under § 16.31 chronology and results of the (3) The FAA provides opportunity for that provide the opportunity for a investigation preliminary to the hearing; a hearing to the respondent and the hearing. (2) The relevant statutory, judicial, respondent waives the opportunity for a (a) The agency will provide the regulatory, and other authorities; hearing as provided in subpart E of this opportunity for a hearing if, in the (3) The issues to be decided; part. Director’s determination, the agency (4) Such rules of procedure as may be proposes to issue an order terminating (b) In the cases described in paragraph necessary to supplement the provisions eligibility for grants pursuant to 49 (a) of this section, a party adversely of this part; U.S.C. 47106(e) and 47111(d), an order affected by the Director’s determination (5) The name and address of the suspending the payment of grant funds, person designated as hearing officer, may file an appeal with the Associate an order withholding approval of any Administrator within 30 days after the and the assignment of authority to the new application to impose a passenger hearing officer to conduct the hearing in date of service of the initial facility charge pursuant to section 112 determination. accordance with the procedures set of the Federal Aviation Administration forth in this part; and (c) A reply to an appeal may be filed Act of 1994, 49 U.S.C. 47111(e), a cease (6) The date by which the hearing with the Associate Administrator within and desist order, an order directing the officer is directed to issue an initial 20 days after the date of service of the refund of fees unlawfully collected, or decision. appeal. any other compliance order issued by (b) Where there are no genuine issues (d) The Associate Administrator will the Administrator to carry out the of material fact requiring oral provisions of the Acts, and required to issue a final decision and order within examination of witnesses, the hearing be issued after notice and opportunity 60 days after the due date of the reply. order may contain a direction to the for a hearing. In cases in which a hearing officer to conduct a hearing by (e) If no appeal is filed within the hearing is not required by statute, the submission of briefs and oral argument time period specified in paragraph (b) of FAA may provide opportunity for a without the presentation of testimony or this section, the Director’s hearing at its discretion. other evidence. determination becomes the final (b) In a case in which the agency decision and order of the FAA without provides the opportunity for a hearing, § 16.202 Powers of a hearing officer. further action. A Director’s the Director’s determination issued In accordance with the rules of this determination that becomes final under § 16.31 will include a statement subpart, a hearing officer may: because there is no administrative of the availability of a hearing under (a) Give notice of, and hold, appeal is not judicially reviewable. subpart F of this part. prehearing conferences and hearings; Federal Register / Vol. 61, No. 201, Wednesday, October 16, 1996 / Rules and Regulations 54009

(b) Administer oaths and affirmations; intervenor may participate in the decision by the length of time of the (c) Issue subpoenas authorized by law proceedings. hearing officer’s decision. and issue notices of deposition (c) Other persons may petition the 16.211 Prehearing conference. requested by the parties; hearing officer for leave to participate in (d) Limit the frequency and extent of the hearing. Participation is limited to (a) Prehearing conference notice. The discovery; the filing of post-hearing briefs and hearing officer schedules a prehearing (e) Rule on offers of proof; reply to the hearing officer and the conference and serves a prehearing (f) Receive relevant and material Associate Administrator. Such briefs conference notice on the parties evidence; shall be filed and served on all parties promptly after being designated as a (g) Regulate the course of the hearing in the same manner as the parties’ post hearing officer. in accordance with the rules of this part hearing briefs are filed. (1) The prehearing conference notice to avoid unnecessary and duplicative (d) Participation under this section is specifies the date, time, place, and proceedings in the interest of prompt at the discretion of the FAA, and no manner (in person or by telephone) of and fair resolution of the matters at decision permitting participation shall the prehearing conference. issue; be deemed to constitute an expression (2) The prehearing conference notice (h) Hold conferences to settle or to by the FAA that the participant has such may direct the parties to exchange simplify the issues by consent of the a substantial interest in the proceeding proposed witness lists, requests for parties; as would entitle it to judicial review of evidence and the production of (i) Dispose of procedural motions and such decision. documents in the possession of another requests; party, responses to interrogatories, (j) Examine witnesses; and § 16.209 Extension of time. admissions, proposed procedural (k) Make findings of fact and (a) Extension by oral agreement. The schedules, and proposed stipulations conclusions of law, and issue an initial parties may agree to extend for a before the date of the prehearing decision. reasonable period of time for filing a conference. document under this part. If the parties § 16.203 Appearances, parties, and rights (b) The prehearing conference. The of parties. agree, the hearing officer shall grant one prehearing conference is conducted by extension of time to each party. The telephone or in person, at the hearing (a) Appearances. Any party may party seeking the extension of time shall officer’s discretion. The prehearing appear and be heard in person. submit a draft order to the hearing conference addresses matters raised in (1) Any party may be accompanied, officer to be signed by the hearing the prehearing conference notice and represented, or advised by an attorney officer and filed with the hearing such other matters as the hearing officer licensed by a State, the District of docket. The hearing officer may grant determines will assist in a prompt, full Columbia, or a territory of the United additional oral requests for an extension and fair hearing of the issues. States to practice law or appear before of time where the parties agree to the (c) Prehearing conference report. At the courts of that State or territory, or by extension. the close of the prehearing conference, another duly authorized representative. (b) Extension by motion. A party shall the hearing officer rules on any requests (2) An attorney, or other duly file a written motion for an extension of for evidence and the production of authorized representative, who time with the hearing officer not later documents in the possession of other represents a party shall file a notice of than 7 days before the document is due parties, responses to interrogatories, and appearance in accordance with § 16.13. unless good cause for the late filing is (b) Parties and agency participation. admissions; on any requests for shown. A party filing a written motion (1) The parties to the hearing are the depositions; on any proposed for an extension of time shall serve a respondent (s) named in the hearing stipulations; and on any pending copy of the motion on each party. order, the complainant(s), and the applications for subpoenas as permitted agency. (c) Failure to rule. If the hearing by § 16.219. In addition, the hearing (2) Unless otherwise specified in the officer fails to rule on a written motion officer establishes the schedule, which hearing order, the agency attorney will for an extension of time by the date the shall provide for the issuance of an serve as prosecutor for the agency from document was due, the motion for an initial decision not later than 110 days the date of issuance of the Director’s extension of time is deemed denied. after issuance of the Director’s determination providing an opportunity (d) Effect on time limits. In a hearing determination order unless otherwise for hearing. required by section 519(b) of the Airport provided in the hearing order. and Airways Improvement Act, as § 16.213 Discovery. § 16.207 Intervention and other amended in 1987, 49 U.S.C. 47106(e) participation. and 47111(d), the due date for the (a) Discovery is limited to requests for (a) A person may submit a motion for hearing officer’s initial decision and for admissions, requests for production of leave to intervene as a party. Except for the final agency decision are extended documents, interrogatories, and good cause shown, a motion for leave to by the length of the extension granted depositions as authorized by § 16.215. intervene shall be submitted not later by the hearing officer only if the hearing (b) The hearing officer shall limit the than 10 days after the notice of hearing officer grants an extension of time as a frequency and extent of discovery and hearing order. result of an agreement by the parties as permitted by this section if a party (b) If the hearing officer finds that specified in paragraph (a) of this section shows that— intervention will not unduly broaden or, if the hearing officer grants an (1) The information requested is the issues or delay the proceedings and, extension of time as a result of the cumulative or repetitious; if the person has a property or financial sponsor’s failure to adhere to the (2) The information requested may be interest that may not be addressed hearing schedule. In any other hearing, obtained from another less burdensome adequately by the parties, the hearing an extension of time granted by the and more convenient source; officer may grant a motion for leave to hearing officer for any reason extends (3) The party requesting the intervene. The hearing officer may the due date for the hearing officer’s information has had ample opportunity determine the extent to which an initial decision and for the final agency to obtain the information through other 54010 Federal Register / Vol. 61, No. 201, Wednesday, October 16, 1996 / Rules and Regulations discovery methods permitted under this refuses to sign. The reporter shall note time specified in the subpoena for the section; or the reason for failure to sign. filing of such motions. The applicant (4) The method or scope of discovery shall describe in detail the basis for the requested by the party is unduly § 16.217 Witnesses. application to quash or modify the burdensome or expensive. (a) Each party may designate as a subpoena including, but not limited to, witness any person who is able and a statement that the testimony, § 16.215 Depositions. willing to give testimony that is relevant document, or tangible evidence is not (a) General. For good cause shown, and material to the issues in the hearing relevant to the proceeding, that the the hearing officer may order that the case, subject to the limitation set forth subpoena is not reasonably tailored to testimony of a witness may be taken by in paragraph (b) of this section. the scope of the proceeding, or that the deposition and that the witness produce (b) The hearing officer may exclude subpoena is unreasonable and documentary evidence in connection testimony of witnesses that would be oppressive. with such testimony. Generally, an irrelevant, immaterial, or unduly (2) A motion to quash or modify the order to take the deposition of a witness repetitious. subpoena stays the effect of the is entered only if: (c) Any witness may be accompanied subpoena pending a decision by the (1) The person whose deposition is to by counsel. Counsel representing a hearing officer on the motion. be taken would be unavailable at the nonparty witness has no right to hearing; examine the witness or otherwise § 16.221 Witness fees. (2) The deposition is deemed participate in the development of (a) The party on whose behalf a necessary to perpetuate the testimony of testimony. witness appears is responsible for the witness; or paying any witness fees and mileage (3) The taking of the deposition is § 16.219 Subpoenas. expenses. necessary to prevent undue and (a) Request for subpoena. A party may (b) Except for employees of the United excessive expense to a party and will apply to the hearing officer, within the States summoned to testify as to matters not result in undue burden to other time specified for such applications in related to their public employment, parties or in undue delay. the prehearing conference report, for a witnesses summoned by subpoena shall (b) Application for deposition. Any subpoena to compel testimony at a be paid the same fees and mileage party desiring to take the deposition of hearing or to require the production of expenses as are paid to a witness in a a witness shall make application documents only from the following court of the United States in comparable therefor to the hearing officer in writing, persons: circumstances. with a copy of the application served on (1) Another party; each party. The application shall (2) An officer, employee, or agent of § 16.223 Evidence. include: another party; (a) General. A party may submit direct (1) The name and residence of the (3) Any other person named in the and rebuttal evidence in accordance witness; complaint as participating in or with this section. (2) The time and place for the taking benefiting from the actions of the (b) Requirement for written testimony of the proposed deposition; respondent alleged to have violated any and evidence. Except in the case of (3) The reasons why such deposition Act; evidence obtained by subpoena, or in should be taken; and (4) An officer, employee, or agent of the case of a special ruling by the (4) A general description of the any other person named in the hearing officer to admit oral testimony, matters concerning which the witness complaint as participating in or a party’s direct and rebuttal evidence will be asked to testify. benefiting from the actions of the shall be submitted in written form in (c) Order authorizing deposition. If respondent alleged to have violated any advance of the oral hearing pursuant to good cause is shown, the hearing officer, Act. the schedule established in the hearing in his or her discretion, issues an order (b) Issuance and service of subpoena. officer’s prehearing conference report. authorizing the deposition and (1) The hearing officer issues the Written direct and rebuttal fact specifying the name of the witness to be subpoena if the hearing officer testimony shall be certified by the deposed, the location and time of the determines that the evidence to be witness as true and correct. Subject to deposition and the general scope and obtained by the subpoena is relevant the same exception (for evidence subject matter of the testimony to be and material to the resolution of the obtained by subpoena or subject to a taken. issues in the case. special ruling by the hearing officer), (d) Procedures for deposition. (2) Subpoenas shall be served by oral examination of a party’s own (1) Witnesses whose testimony is personal service, or upon an agent witness is limited to certification of the taken by deposition shall be sworn or designated in writing for the purpose, or accuracy of written evidence, including shall affirm before any questions are put by certified mail, return receipt correction and updating, if necessary, to them. Each question propounded addressed to such person or agent. and reexamination following cross- shall be recorded and the answers of the Whenever service is made by registered examination by other parties. witness transcribed verbatim. or certified mail, the date of mailing (c) Subpoenaed testimony. Testimony (2) Objections to questions or shall be considered as the time when of witnesses appearing under subpoena evidence shall be recorded in the service is made. may be obtained orally. transcript of the deposition. The (3) A subpoena issued under this part (d) Cross-examination. A party may interposing of an objection shall not is effective throughout the United States conduct cross-examination that may be relieve the witness of the obligation to or any territory or possession thereof. required for disclosure of the facts, answer questions, except where the (c) Motions to quash or modify subject to control by the hearing officer answer would violate a privilege. subpoena. for fairness, expedition and exclusion of (3) The written transcript shall be (1) A party or any person upon whom extraneous matters. subscribed by the witness, unless the a subpoena has been served may file a (e) Hearsay evidence. Hearsay parties by stipulation waive the signing, motion to quash or modify the subpoena evidence is admissible in proceedings or the witness is ill, cannot be found, or with the hearing officer at or before the governed by this part. The fact that Federal Register / Vol. 61, No. 201, Wednesday, October 16, 1996 / Rules and Regulations 54011 evidence is hearsay goes to the weight § 16.233 Record. Subpart GÐInitial Decisions, Orders of evidence and does not affect its (a) Exclusive record. The transcript of and Appeals admissibility. all testimony in the hearing, all exhibits § 16.241 Initial decisions, order, and (f) Admission of evidence. The received into evidence, all motions, appeals. hearing officer admits evidence applications requests and rulings, and (a) The hearing officer shall issue an introduced by a party in support of its all documents included in the hearing initial decision based on the record case in accordance with this section, but record shall constitute the exclusive developed during the proceeding and may exclude irrelevant, immaterial, or record for decision in the proceedings shall send the initial decision to the unduly repetitious evidence. and the basis for the issuance of any parties not later than 110 days after the (g) Expert or opinion witnesses. An orders. Director’s determination unless employee of the FAA or DOT may not (b) Examination and copy of record. otherwise provided in the hearing order. be called as an expert or opinion (b) Each party adversely affected by Any interested person may examine the witness for any party other than the the hearing officer’s initial decision may record at the Part 16 Airport agency except as provided in file an appeal with the Associate Proceedings Docket, AGC–600, Federal Department of Transportation Administrator within 15 days of the regulations at 49 CFR part 9. Aviation Administration, 800 date the initial decision is issued. Each Independence Avenue, SW., § 16.225 Public disclosure of evidence. party may file a reply to an appeal Washington, DC 20591. Any person may within 10 days after it is served on the (a) Except as provided in this section, have a copy of the record after payment party. Filing and service of appeals and the hearing shall be open to the public. of reasonable costs for search and replies shall be by personal delivery. (b) The hearing officer may order that reproduction of the record. (c) If an appeal is filed, the Associate any information contained in the record Administrator reviews the entire record § 16.235 Argument before the hearing and issues a final agency decision and be withheld from public disclosure. Any officer. person may object to disclosure of order within 30 days of the due date of information in the record by filing a (a) Argument during the hearing. the reply. If no appeal is filed, the written motion to withhold specific During the hearing, the hearing officer Associate Administrator may take information with the hearing officer. shall give the parties reasonable review of the case on his or her own The person shall state specific grounds opportunity to present oral argument on motion. If the Associate Administrator for nondisclosure in the motion. the record supporting or opposing finds that the respondent is not in (c) The hearing officer shall grant the motions, objections, and rulings if the compliance with any Act or any motion to withhold information from parties request an opportunity for regulation, agreement, or document of public disclosure if the hearing officer argument. The hearing officer may conveyance issued or made under such determines that disclosure would be in direct written argument during the Act, the final agency order includes a violation of the Privacy Act, would hearing if the hearing officer finds that statement of corrective action, if reveal trade secrets or privileged or submission of written arguments would appropriate, and identifies sanctions for confidential commercial or financial not delay the hearing. continued noncompliance. information, or is otherwise prohibited (d) If no appeal is filed, and the (b) Posthearing briefs. The hearing by law. Associate Administrator does not take officer may request or permit the parties review of the initial decision on the § 16.227 Standard of proof. to submit posthearing briefs. The Associate Administrator’s own motion, The hearing officer shall issue an hearing officer may provide for the the initial decision shall take effect as initial decision or shall rule in a party’s filing of simultaneous reply briefs as the final agency decision and order on favor only if the decision or ruling is well, if such filing will not unduly delay the sixteenth day after the actual date supported by, and in accordance with, the issuance of the hearing officer’s the initial decision is issued. reliable, probative, and substantial initial decision. Posthearing briefs shall (e) The failure to file an appeal is evidence contained in the record and is include proposed findings of fact and deemed a waiver of any rights to seek in accordance with law. conclusions of law; exceptions to judicial review of an initial decision rulings of the hearing officer; references that becomes a final agency decision by § 16.229 Burden of proof. to the record in support of the findings operation of paragraph (d) of this (a) The burden of proof of of fact; and supporting arguments for section. (f) If the Associate Administrator noncompliance with an Act or any the proposed findings, proposed takes review on the Associate regulation, order, agreement or conclusions, and exceptions. Administrator’s own motion, the document of conveyance issued under Associate Administrator issues a notice the authority of an Act is on the agency. § 16.237 Waiver of procedures. of review by the sixteenth day after the (b) Except as otherwise provided by (a) The hearing officer shall waive actual date the initial decision is issued. statute or rule, the proponent of a such procedural steps as all parties to (1) The notice sets forth the specific motion, request, or order has the burden the hearing agree to waive before findings of fact and conclusions of law of proof. issuance of an initial decision. in the initial decision that are subject to (c) A party who has asserted an (b) Consent to a waiver of any review by the Associate Administrator. affirmative defense has the burden of procedural step bars the raising of this (2) Parties may file one brief on proving the affirmative defense. issue on appeal. review to the Associate Administrator or rely on their posthearing briefs to the § 16.231 Offer of proof. (c) The parties may not by consent hearing officer. Briefs on review shall be A party whose evidence has been waive the obligation of the hearing filed not later than 10 days after service excluded by a ruling of the hearing officer to enter an initial decision on the of the notice of review. Filing and officer may offer the evidence on the record. service of briefs on review shall be by record when filing an appeal. personal delivery. 54012 Federal Register / Vol. 61, No. 201, Wednesday, October 16, 1996 / Rules and Regulations

(3) The Associate Administrator Subpart HÐJudicial Review at the time of the acquisition of such issues a final agency decision and order knowledge. within 30 days of the due date of the § 16.247 Judicial review of a final decision (b) Except to the extent required for briefs on review. If the Associate and order. the disposition of ex parte matters as Administrator finds that the respondent (a) A person may seek judicial review, authorized by law: is not in compliance with any Act or in a United States Court of Appeals, of (1) No interested person outside the any regulation, agreement or document a final decision and order of the FAA and no FAA employee of conveyance issued under such Act, Associate Administrator as provided in participating as a party shall make or the final agency order includes a 49 U.S.C. 46110 or section 519(b)(4) of knowingly cause to be made to any statement of corrective action, if the Airport and Airway Improvement decisional employee an ex parte appropriate, and identifies sanctions for Act of 1982, as amended, (AAIA), 49 communication relevant to the merits of continued noncompliance. U.S.C. 47106(d) and 47111(d). A party the proceeding; seeking judicial review of a final (2) No FAA employee shall make or § 16.243 Consent orders. decision and order shall file a petition knowingly cause to be made to any (a) The agency attorney and the for review with the Court not later than interested person outside the FAA an ex respondents may agree at any time 60 days after a final decision and order parte communication relevant to the before the issuance of a final decision under the AAIA has been served on the merits of the proceeding; or and order to dispose of the case by party or within 60 days after the entry (3) Ex parte communications issuance of a consent order. Good faith of an order under 49 U.S.C. 40101 et regarding solely matters of agency efforts to resolve a complaint through seq. procedure or practice are not prohibited issuance of a consent order may (b) The following do not constitute by this section. continue throughout the administrative final decisions and orders subject to process. Except as provided in § 16.209, judicial review: § 16.305 Procedures for handling ex parte communications. such efforts may not serve as the basis (1) An FAA decision to dismiss a for extensions of the times set forth in complaint without prejudice, as set A decisional employee who receives this part. forth in § 16.27; or who makes or knowingly causes to be (2) A Director’s determination; made a communication prohibited by (b) A proposal for a consent order, (3) An initial decision issued by a § 16.303 shall place in the public record specified in paragraph (a) of this hearing officer at the conclusion of a of the proceeding: section, shall include: hearing; (a) All such written communications; (1) A proposed consent order; (4) A Director’s determination or an (b) Memoranda stating the substance (2) An admission of all jurisdictional initial decision of a hearing officer that of all such oral communications; and facts; becomes the final decision of the (c) All written responses, and (3) An express waiver of the right to Associate Administrator because it was memoranda stating the substance of all further procedural steps and of all rights not appealed within the applicable time oral responses, to the materials of judicial review; and periods provided under §§ 16.33(b) and described in paragraphs (a) and (b) of 16.241(b). this section. (4) The hearing order, if issued, and an acknowledgment that the hearing Subpart IÐEx Parte Communications § 16.307 Requirement to show cause and order may be used to construe the terms imposition of sanction. of the consent order. § 16.301 Definitions. (a) Upon receipt of a communication (c) If the issuance of a consent order As used in this subpart: knowingly made or knowingly caused to has been agreed upon by all parties to Decisional employee means the be made by a party in violation of the hearing, the proposed consent order Administrator, Deputy Administrator, § 16.303, the Associate Administrator or shall be filed with the hearing officer, Associate Administrator, Director, his designee or the hearing officer may, along with a draft order adopting the hearing officer, or other FAA employee to the extent consistent with the consent decree and dismissing the case, who is or who may reasonably be interests of justice and the policy of the for the hearing officer’s adoption. expected to be involved in the underlying statutes, require the party to decisional process of the proceeding. (d) The deadline for the hearing show cause why his or her claim or officer’s initial decision and the final Ex parte communication means an interest in the proceeding should not be agency decision is extended by the oral or written communication not on dismissed, denied, disregarded, or amount of days elapsed between the the public record with respect to which otherwise adversely affected on account filing of the proposed consent order reasonable prior notice to all parties is of such violation. with the hearing officer and the not given, but it shall not include (b) The Associate Administrator may, issuance of the hearing officer’s order requests for status reports on any matter to the extent consistent with the continuing the hearing. or proceeding covered by this part, or interests of justice and the policy of the communications between FAA underlying statutes administered by the (e) If the agency attorney and sponsor employees who participate as parties to FAA, consider a violation of this agree to dispose of a case by issuance of a hearing pursuant to 16.203(b) of this subpart sufficient grounds for a decision a consent order before the FAA issues part and other parties to a hearing. adverse to a party who has knowingly a hearing order, the proposal for a committed such violation or knowingly § 16.303 Prohibited ex parte consent order is submitted jointly to the caused such violation to occur. official authorized to issue a hearing communications. order, together with a request to adopt (a) The prohibitions of this section Issued in Washington, DC, on October 8, the consent order and dismiss the case. shall apply from the time a proceeding 1996. The official authorized to issue the is noticed for hearing unless the person David R. Hinson, hearing order issues the consent order responsible for the communication has Administrator. as an order of the FAA and terminates knowledge that it will be noticed, in [FR Doc. 96–26180 Filed 10–10–96; 8:45 am] the proceeding. which case the prohibitions shall apply BILLING CODE 4910±13±M federal register October 16,1996 Wednesday Act; ProposedRule 312(f)(4) (A)and(B)oftheCleanWater No DischargeZone(s)UnderSection Establishment ofDrinkingWaterIntake Marine SanitationDeviceStandardÐ 40 CFRPart140 Protection Agency Environmental Part III 54013 54014 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules

ENVIRONMENTAL PROTECTION EPA will also accept comments the official record. EPA is AGENCY electronically, but these comments must experimenting with electronic be submitted also in paper version. commenting, therefore commenters 40 CFR Part 140 Comments should be addressed to the must submit both electronic comments following Internet address: ow- and duplicate paper comments. All [FRL±5615±9] [email protected]. comments post-marked or hand- Marine Sanitation Device StandardÐ FOR FURTHER INFORMATION CONTACT: delivered by the expiration date of the Establishment of Drinking Water Intake Deborah Lebow, Oceans and Coastal comment period will be considered No Discharge Zone(s) Under Section Protection Division, United States before any action is taken on this 312(f)(4) (A) and (B) of the Clean Water Environmental Protection Agency, proposed rule. Act 4504F, 401 M St. S.W., Washington, Organization of This Document D.C. 20460, (202) 260–8448. AGENCY: Environmental Protection I. Background Agency. SUPPLEMENTARY INFORMATION: EPA is II. Detailed Discussion of the Proposed Rule today proposing to clarify the III. Compliance with Other Laws and ACTION: Proposed rule. application requirements for designating Executive Orders drinking water intake no discharge A. Regulatory Flexibility Act SUMMARY: The Clean Water Act (CWA) B. Paperwork Reduction Act authorizes the Administrator of the zones under section 312 of the CWA. This rule only applies to States C. Executive Order 12866 Environmental Protection Agency (EPA) D. The Unfunded Mandates Reform Act to establish drinking water intake no requesting approval of drinking water and Executive Order 12875 discharge zones upon application by a intake no discharge zones and has no IV. Proposed Rule direct effect on any regulated entity. State. Within these zones, the discharge I. Background of sewage from a vessel, whether treated These requirements are being proposed or untreated, is prohibited. This pursuant to section 312(f)(4)(B) of the Section 312 of the CWA, entitled provision was added to the statute in CWA (33 U.S.C. 1322(f)(4)(B)), which ‘‘Marine sanitation devices,’’ regulates 1977, after EPA had promulgated provides that ‘‘Upon application by a the discharge of vessel sewage. The regulations on application requirements State, the Administrator shall, by primary purpose of section 312 is to for other types of no discharge zones. regulation, establish a drinking water prevent the discharge of untreated or EPA has not promulgated regulations intake zone in any waters within such inadequately treated sewage from specific to application requirements for State and prohibit the discharge of vessels into waters of the United States. drinking water intake no discharge sewage from vessels within that zone.’’ This provision is designed to help The effect of this proposal would be to zones under the CWA. Applicants for achieve the goal of the CWA which is set out application requirements drinking water intake zones, therefore, to restore and maintain the chemical, specific to drinking water intake no have followed application requirements physical, and biological integrity of the discharge zones, which would reduce which are not tailored to drinking water nation’s waters. the amount of information States have Under sections 312(f)(3) and 312(f)(4) intakes, and provided more information submitted to EPA under existing 40 CFR (A) and (B) of the CWA, States may than needed for these no discharge 140.4(b) to establish these no discharge apply to EPA for the designation of zones. EPA is proposing today to zones. certain waterbodies as no discharge promulgate application requirements The public is invited to participate in zones. Originally, section 312 contained specific to drinking water intake no this rulemaking by submitting written only two provisions addressing no discharge zones. The effect of today’s views, data or arguments on any aspect discharge zones: sections 312(f)(3) and proposal would be to more specifically of the proposed rule or on any 312(f)(4)(A). Under section 312(f)(3), if a tailor the type of information required additional requirements the public feels State determines that some or all of the in an application for a drinking water should be included. Comments should waters within that State require intake no discharge zone and reduce the include the name and address of the additional environmental protection, amount of information required. person commenting, identify this the State may apply to the DATES: Comments must be received on proposed rule by name (Establishment Administrator for approval of a State or before December 16, 1996. All of Drinking Water Intake No Discharge designation of a no discharge zone. comments must be postmarked or Zone(s)), cite the specific section of the Approval of such application depends, delivered by hand to the address below proposed rule to which each comment among other things, upon a finding by by this date. applies, and give the reasons for the the Administrator that adequate and ADDRESSES: Comments should be comment. Commenters are requested to reasonably available pump-out facilities addressed to Drinking Water Intake submit any references cited in their exist for the area to be designated a no Zones Comment Clerk, Water Docket comments. Commenters are also discharge zone. The regulations at 40 MC–4101; Environmental Protection requested to submit 2 copies of their CFR 140.4(a) specify the application Agency, 401 M St. S.W., Washington, written comments and enclosures. requirements that must be met for D.C. 20460. The official record for this Commenters who want receipt of their approval of a section 312(f)(3) no rulemaking is available for viewing at comments acknowledged should discharge zone. We are proposing to add EPA’s Water Docket, Rm. M2616, include a self-addressed, stamped an introductory heading to clarify this Waterside Mall, 401 M Street, S.W., envelope. No facsimiles (faxes) will be linkage to CWA section 312(f)(3), but Washington, D.C. 20460. For access to accepted. For electronic comments, those regulations are not otherwise the docket materials, call (202) 260– commenters should include their affected by today’s proposal. Currently, 3027 between 9 a.m. and 3:30 p.m., complete name, full address, and E-mail EPA has approved thirty such no Monday through Friday, excluding legal address. Electronic comments must be discharge zones. holidays for an appointment. EPA submitted as an ASCII file avoiding the Under section 312(f)(4)(A), upon public information regulation (40 CFR use of special characters and any form application by a State the Admini- Part 2) provides that a reasonable fee of encryption. Electronic comments will strator may determine that the may be charged for copying. be transferred into a paper version for protection and enhancement of the Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules 54015 quality of specified waters (e.g., pristine In clarifying the regulations pursuant location of the drinking water supply water bodies) requires a complete to section 312(f)(4)(B), EPA has sought intake(s) and the community served by prohibition of the discharge of sewage to comply with Congressional intent the intake(s) is intended to verify the from vessels. This determination is expressed in the legislative history for existence of a drinking water supply different from a section 312(f)(3) this section. The 1977 CWA Conference intake and to ensure that the location of approval of a State designation, in that Report, referring to section 312(f)(4)(B), such intake corresponds to the area to the Administrator is not also required to stated ‘‘[t]he conferees intend that the be designated a drinking water intake no determine that adequate facilities for the Administrator [of the Environmental discharge zone. Under this requirement, safe and sanitary removal and treatment Protection Agency] define the area to a State should specify and describe the of sewage from vessels are reasonably which the prohibition applies in his location of the intake in relation to the available. The regulations at 40 CFR promulgation of such a prohibition.’’ location of the requested zone. The size 140.4(b) set forth the criteria upon See Clean Water Act of 1977, which the Administrator will evaluate Conference Report (to accompany H.R. of the community served by the intake such a State application, and provide 3199), H. Rep. No. 830, 95th Congress, is also relevant to determining the size that they apply to applications under 1st sess. (1977). The Report went on to of the zone. For example, the larger the section 312(f)(4) of the Act. (Currently, say ‘‘[i]n implementing section drinking water needs of the community EPA has designated one no discharge 312(f)(4)(B), the Administrator is being served, the stronger might be the area for this second type of no discharge cautioned to use discretion in justification for requesting a large zone, which is identified in 40 CFR establishing drinking water intake drinking water intake no discharge 140.4(b)(1)(i).) zones. This new paragraph is intended zone. This requirement can be met by In 1977, Congress amended section to protect drinking water and not to specifying the average and maximum 312 to add a new section 312(f)(4)(B). result in far reaching discharge expected amounts of inflow. Under section 312(f)(4)(B), States may prohibitions unnecessary to protect The requirement to specify and apply to EPA for a complete prohibition drinking water.’’ Id. The proposed describe exactly and in detail, the of the discharge of sewage from vessels regulations are designed primarily to waters for which a complete prohibition into a body of water designated as a ensure that the size of the requested no is desired is intended to assist the drinking water intake no discharge discharge zone is neither too large nor zone. The statute requires that too small to protect drinking water Administrator with the task of designation of a drinking water intake intake zones from vessel sewage. identifying and defining the requested no discharge zone may only be drinking water intake no discharge accomplished by regulation. For this II. Detailed Discussion of the Proposed zone. The description should include type of no discharge zone, the Rule the geographic location of such body of Administrator is not required to Today’s proposal would add new water and other pertinent details, and determine that adequate facilities for the § 140.4(c) to specifically address where appropriate, average, maximum safe and sanitary removal and treatment application requirements for drinking and low flows. Average, maximum and of sewage from vessels are reasonably water intake no discharge zones under low flows will be relevant for rivers, but available, nor is it required to determine CWA section 312(f)(4)(B). In addition, not for certain lakes. the existing no discharge zone whether the protection and The requirement that a State submit a enhancement of the water quality designated under CWA secion 312 map is also intended to assist the requires such a prohibition. Prior to this (f)(4)(B), now set out in 40 CFR Administrator in documenting the proposed regulation, EPA has 140.4(b)(1)(ii), would be relocated into designated one drinking water intake no new § 140.4(c)(4)(i). location of the body of water and the discharge zone under section EPA is proposing today in 40 CFR size of the drinking water intake no 312(f)(4)(B), which is currently codified 140.4(c) that in its application to the discharge zone. Preferably, the map at 40 CFR 140.4(b)(1)(ii). Administrator for establishment of a should be a USGS topographical No regulations directly and drinking water intake no discharge quadrant map since these will provide specifically responsive to section zone, a State should (1) identify and the greatest clarity. The desired drinking 312(f)(4)(B) have been promulgated. describe exactly and in detail the water intake no discharge zone should Consequently, the regulations in 40 CFR location of the drinking water supply be clearly indicated on such map by 140.4(b) have been used, as they purport intake(s) and the community served by latitude and longitude. to apply to any no discharge zone the intake(s), including average and The requirement that a State applicant established under section 312(f)(4). The maximum expected amounts of inflow; justify the size of the requested zone is (2) specify and describe exactly and in result of not having regulations intended to ensure a rational specifically dealing with section detail, the waters, or portions thereof, relationship between the size of the 312(f)(4)(B) is that applicants may for which a complete prohibition is requested zone and the need to protect compile extraneous materials for a desired, and where appropriate, average, drinking water for the designated section 312(f)(4)(B) drinking water maximum and low flows; (3) include a intake no discharge zone, and do not map, preferably a USGS topographic community. For example, a drinking provide other information that the quadrant map, clearly marking by water intake located in the proximity of Administrator needs to make a section latitude and longitude the waters or an intensive boating area may require a 312(f)(4)(B) decision. Today’s proposed portions thereof to be designated a larger no discharge area to protect the regulations clarify that § 140.4(b) only drinking water intake no discharge integrity of the drinking water. This applies to designations for no discharge zone; and (4) include a statement of requirement is designed to guard against areas under section 312(f)(4)(A) and basis justifying the size of the requested far reaching prohibitions that are adds a new proposed § 140.4(c) to drinking water intake no discharge unnecessary to protect drinking water, specifically cover application zone, for example, identifying areas of while at the same time ensuring that requirements for the designation of intensive boating activities. prohibitions would affect a large enough drinking water intake no discharge The requirement that a State specify area to effectively protect the drinking zones under section 312(f)(4)(B). and describe exactly and in detail the water supply. 54016 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules

III. Compliance with Other Laws and effort, or financial resources expended jobs, the environment, public health or Executive Orders by persons to generate, maintain, retain, safety, or State, local, or tribal or disclose or provide information to or governments or communities; (2) Create A. Regulatory Flexibility Act for a Federal agency. This includes the a serious inconsistency or otherwise Under the Regulatory Flexibility Act time needed to review instructions; interfere with an action taken or (RFA), 5 U.S.C. 601 et seq., EPA must develop, acquire, install, and utilize planned by another agency; (3) prepare a Regulatory Flexibility technology and systems for the purposes Materially alter the budgetary impact of Analysis for regulations having a of collecting, validating, and verifying entitlement, grants, user fees, or loan significant impact on a substantial information, processing and programs or the rights and obligations of number of small entities. The RFA maintaining information, and disclosing recipients thereof; or (4) Raise novel recognizes three kinds of small entities, and providing information; adjust the legal or policy issues arising out of legal and defines them as follows: (1) Small existing ways to comply with any mandates, the President’s priorities, or governmental jurisdictions: any previously applicable instructions and the principles set forth in the Executive government of a district with a requirements; train personnel to be able Order. population of less than 50,000. (2) Small to respond to a collection of It has been determined that this business: any business which is information; search data sources; proposed rule is not a ‘‘significant independently owned and operated and complete and review the collection of regulatory action’’ under the terms of not dominant in its field, as defined by information; and transmit or otherwise Executive Order 12866 and is therefore the Small Business Administration disclose the information. not subject to OMB review. regulations under the Small Business An Agency may not conduct or D. The Unfunded Mandates Reform Act, Act. (3) Small organization: any not for sponsor, and a person is not required to and Executive Order 12875 profit enterprise that is independently respond to a collection of information owned and operated and not dominant unless it displays a currently valid OMB Title II of the Unfunded Mandates in its field. control number. The OMB control Reform Act of 1995 (UMRA), Public As discussed in Section III.D. of this numbers for EPA’s regulations are listed Law 104–4, establishes requirements for preamble on the Unfunded Mandates in 40 CFR Part 9 and 48 CFR Chapter Federal agencies to assess the effects of Reform Act, today’s proposed rule does 15. their regulatory actions on State, local, not impose economic burdens. Comments are requested on the and tribal governments and the private Accordingly, the Administrator certifies Agency’s need for this information, the sector. Under section 202 of UMRA, that today’s proposed rule would not accuracy of the provided burden EPA generally must prepare a written have a significant impact on a estimates, and any suggested methods statement, including a cost-benefit substantial number of small entities, for minimizing respondent burden, analysis, for proposed and final rules and that a Regulatory Flexibility including through the use of automated with ‘‘Federal mandates’’ that may Analysis therefore is unnecessary. collection techniques. Send comments result in expenditures to State, local, on the ICR to the Director, OPPE and tribal governments, in the aggregate, B. Paperwork Reduction Act Regulatory Information Division; U.S. or to the private sector, of $100 million The information collection Environmental Protection Agency or more in any one year. Before requirements in this proposed rule have (2137); 401 M St., SW., Washington, promulgating an EPA rule for which a been submitted for approval to the D.C. 20460; and to the Office of written statement is needed, section 205 Office of Management and Budget Information and Regulatory Affairs, of the UMRA generally requires EPA to (OMB) under the Paperwork Reduction Office of Management and Budget, 725 identify and consider a reasonable Act, 44 U.S.C. 3501 et seq. An 17th St., NW, Washington, DC 20503, number of regulatory alternatives and Information Collection Request (ICR) marked ‘‘Attention: Desk Officer for adopt the least costly, most cost- document has been prepared by EPA EPA.’’ Include the ICR number in any effective or least burdensome alternative (ICR No. 1791.01) and a copy may be correspondence. Since OMB is required that achieves the objectives of the rule. obtained from Sandy Farmer, OPPE to make a decision concerning the ICR The provisions of section 205 do not Regulatory Information Division; U.S. between 30 and 60 days after October apply when they are inconsistent with Environmental Protection Agency 16, 1996, a comment to OMB is best applicable law. Moreover, section 205 (2137); 401 M St., SW., Washington, assured of having its full effect if OMB allows EPA to adopt an alternative other D.C. 20460 or by calling (202) 260–2740. receives it by November 15, 1996. The than the least costly, most cost-effective This information is required from final rule will respond to any OMB or or least burdensome alternative if the States who wish to designate a drinking public comments on the information Administrator publishes with the final water intake no discharge zone under collection requirements contained in rule an explanation why that alternative CWA Section 312(f)(4)(B) and it allows this proposal. was not adopted. Before EPA establishes the EPA Administrator to evaluate State any regulatory requirements that may applications for designating no C. Executive Order 12866 significantly or uniquely affect small discharge zones. This information is Under Executive Order 12866 (58 FR governments, including tribal necessary to ensure that the discharge 51735, October 4, 1993), the Agency governments, it must have developed area is neither too large nor too small to must determine whether the regulatory under section 203 of the UMRA a small protect drinking water intake zones action is ‘‘significant,’’ and therefore government agency plan. The plan must from vessel sewage and it is not of a subject to OMB review and the provide for notifying potentially confidential nature. requirements of the Executive Order. affected small governments, enabling Applications for drinking water intake The Order defines ‘‘significant officials of affected small governments no discharge zones have an estimated regulatory action’’ as one that is likely to have meaningful and timely input in reporting burden averaging 70 hours per to result in a rule that may: (1) Have an the development of EPA regulatory response and an estimated annual annual effect on the economy of $100 proposals with significant Federal record keeping burden of one hour per million or more or adversely affect in a intergovernmental mandates, and respondent at approximately $1,472 per material way the economy, a sector of informing, educating, and advising response. Burden means the total time, the economy, productivity, competition, small governments on compliance with Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules 54017 the regulatory requirements. EPA has 1. The authority citation for part 140 (ii) Specify and describe exactly and determined that today’s proposed is revised to read as follows: in detail, the waters, or portions thereof, regulation does not impose any Authority: Sec. 312, as added Oct. 18, for which a complete prohibition is enforceable duties upon the private 1972, Pub. L. 92–500, sec. 2, 86 Stat. 871, 33 desired, and where appropriate, average, sector. Therefore, this proposed U.S.C. 1332(b)(1). maximum and low flows in million rulemaking is not a ‘‘private sector gallons per day (MGD) or the metric § 140.4 [Amended] mandate.’’ equivalent; Further, EPA has determined that 2. Section 140.4 is amended: today’s action does not include, a a. In paragraph (a) introductory text, (iii) Include a map, preferably a USGS Federal mandate that may result in in the first sentence, by revising the first topographic quadrant map, clearly estimated costs of $100 million or more word ‘‘A’’ to read ‘‘a’’ and by adding to marking by latitude and longitude the to either State, local, or tribal the beginning of the sentence the words waters or portions thereof to be governments in the aggregate, or to the ‘‘Prohibition pursuant to CWA section designated a drinking water intake zone; private sector. This proposed 312(f)(3):’’. and rulemaking should reduce the reporting b. In paragraph (b) introductory text, (iv) Include a statement of basis in the first sentence, by revising the first and recordkeeping burden on justifying the size of the requested word ‘‘A’’ to read ‘‘a’’ and by adding to applicants. Thus, this proposed rule is drinking water intake zone, for example, the beginning of the sentence the words not subject to the requirements of identifying areas of intensive boating sections 202 and 205 of the UMRA. It ‘‘Prohibition pursuant to CWA section activities. is codifying in 40 CFR 140.4(c) that 312(f)(4)(A):’’ and by removing from the which already exists in the statute and first sentence the words ‘‘312(f)(4)’’ and (2) If the Administrator finds that a is self-implementing. Therefore, this adding, in their place, the words complete prohibition is appropriate action should have no regulatory ‘‘312(f)(4)(A).’’ under this paragraph, he or she shall requirements that might significantly or c. In paragraph (b)(1) by removing the publish notice of such finding together uniquely affect small governments. word ‘‘prohibited:’’ and adding, in its with a notice of proposed rulemaking, Executive Order 12875 requires that, to place, the words ‘‘prohibited pursuant and then shall proceed in accordance the extent feasible and permitted by to CWA section 312(f)(4)(A):’’, and by with 5 U.S.C. 553. If the Administrator’s law, no Federal agency shall promulgate redesignating paragraph (b)(1)(ii) as new finding is that a complete prohibition any regulation that is not required by paragraph (c)(4)(i) and reserving covering a more restricted or more statute and that creates a mandate upon paragraph (b)(1)(ii). expanded area than that applied for by d. By adding the following new a State, local, or tribal government, the State is appropriate, he or she shall paragraph (c) to read as follows: unless funds necessary to pay the direct also include a statement of the reasons costs incurred by the State, local or § 140.4 Complete Prohibition. why the finding differs in scope from tribal government in complying with the that requested in the State’s application. mandate are provided by the Federal * * * * * government. EPA has determined that (c)(1) Prohibition pursuant to CWA (3) If the Administrator finds that a the requirements of Executive Order section 312(f)(4)(B): A State may make complete prohibition is inappropriate 12875 do not apply to today’s proposed written application to the Administrator under this paragraph, he or she shall rulemaking, since no mandate is created of the Environmental Protection Agency deny the application and state the by this action. under section 312(f)(4)(B) of the Act for reasons for such denial. the issuance of a regulation establishing List of Subjects in 40 CFR Part 140 a drinking water intake no discharge (4) For the following waters the discharge from a vessel of any sewage, Environmental protection, Drinking zone which completely prohibits Water Intake Zones, Marine sanitation discharge from a vessel of any sewage, whether treated or not, is completely device standard; No discharge areas. whether treated or untreated, into that prohibited pursuant to CWA section zone in particular waters, or portions 312(f)(4)(B): Dated: October 3, 1996. thereof, within such State. Such (i) * * * Carol M. Browner, application shall: Administrator. (i) Identify and describe exactly and (ii) (Reserved). [FR Doc. 96–26193 Filed 10–15–96; 8:45 am] PART 140Ð[AMENDED] in detail the location of the drinking water supply intake(s) and the BILLING CODE 6560±50±P For the reasons set forth in the community served by the intake(s), preamble, EPA proposes to amend 40 including average and maximum CFR part 140 as follows: expected amounts of inflow; federal register October 16,1996 Wednesday Rule the TerritoryandAirspaceofIraq;Final Prohibition AgainstCertainFlightsWithin 14 CFRPart91 Federal AviationAdministration Transportation Department of Part IV 54019 54020 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION Any person may obtain a copy of this established by the U.S. and its coalition document by submitting a request to the allies, as described in the NOTAM. Federal Aviation Administration Federal Aviation Administration, Office The FAA has determined that the of Rulemaking, ARM–1, 800 recently heightened tensions and 14 CFR Part 91 Independence Avenue, SW., instability in Iraq resulting from the [Docket No. 28691; Special Federal Aviation Washington, DC 20591, or by calling actions of the Iraqi government have Regulation (SFAR) No. 77] (202) 267–9680. Communications must increased the threat to civil aircraft. The identify the SFAR number or docket military situation in Iraq is tense after RIN 2120±AG25 number of this action. Iraqi attacks in Kurdish areas north of Prohibition Against Certain Flights Persons interested in being placed on the 36th parallel (the boundary of the Within the Territory and Airspace of a mailing list for future rules should northern no-fly zone in Iraq) and the Iraq also request a copy of Advisory Circular shift of the southern no-fly zone No. 11–2A, which describes the boundary from the 32nd to the 33rd AGENCY: Federal Aviation application procedure. parallel. On September 3, 1996, Iraqi Administration (FAA), DOT. President Saddam Hussein urged his air Background ACTION: Final rule. defense forces to ignore both the The Federal Aviation Administration southern and northern no-fly zones and SUMMARY: This action prohibits flight (FAA) is responsible for the safety of attack ‘‘any air target of the aggressors.’’ operations within the territory and flight in the United States and for the This threat was not limited specifically airspace of Iraq by any United States air safety of U.S.-registered aircraft and U.S. to the aircraft of the U.S. military and carrier or commercial operator, by any operators throughout the world. Section the coalition forces. The threat could person exercising the privileges of an 40101(d)(1) of Title 49, United States also apply to any civilian aircraft that airman certificate issued by the FAA Code, requires the Administrator of the might attempt to enter the area. except persons operating U.S.-registered FAA to consider the regulation of air Even after the 1991 Gulf War, the Iraqi aircraft for a foreign air carrier, or by an commerce in a manner that best military still possesses a wide range of sophisticated weapons that potentially operator using an aircraft registered in promotes safety and fulfills the could be used to attack civil aviation the United States unless the operator of requirements of national security as aircraft overflying Iraq at cruising such aircraft is a foreign air carrier. being in the public interest. Section altitudes. These weapons include Recently heightened tensions and 44701(a) of Title 49, United States Code, Russian- and French-made fighter and instability in Iraq resulting from the provides the FAA with broad authority attack aircraft armed with cannons and actions of the Iraqi government have to carry out this policy by prescribing air-to-air missiles, as well as Russian increased the threat of harm to U.S. regulations governing the practices, surface-to-air missile systems. The operators and civil aircraft operating in methods, and procedures necessary to partially rebuilt integrated air defense this area. Therefore, this action is taken ensure safety in air commerce. In to prevent an undue hazard as a result command and control system combines addition, 49 U.S.C. 40105(b)(1)(A) early warning radars and visual of the threat to persons and U.S.- requires the Administrator to exercise registered aircraft overflying the area. observers with the sophisticated his authority consistently with the weapons. DATES: This SFAR is effective October 9, obligations of the United States 1996, and shall remain in effect until These circumstances justify the Government under an international imposition of certain additional further notice. agreement. measures to ensure the safety of U.S.- FOR FURTHER INFORMATION CONTACT: In the exercise of these statutory registered aircraft and operators that are Mark W. Bury, International Affairs and responsibilities, the FAA already has conducting flight operations in the Legal Policy Staff, AGC–7, Office of the restricted certain flight operations to vicinity of Iraqi territory and airspace. Chief Counsel, Federal Aviation and from Iraq. SFAR 61–2 prohibits, Administration, 800 Independence with certain exceptions, the takeoff Prohibition Against Certain Flights Avenue, SW., Washington, D.C. 20591. from, landing in, or overflight of the Within the Territory and Airspace of Telephone: (202) 267–3515. territory of the United States by an Iraq SUPPLEMENTARY INFORMATION: aircraft on a flight to or from the On the basis of the above information, territory of Iraq, and the landing in, and in furtherance of my Availability of Document takeoff from, or overflight of the responsibilities to promote the safety of An electronic copy of this document territory of the United States by any flight of civil aircraft in air commerce, may be downloaded using a modem and aircraft on a flight from or to any I have determined that immediate action suitable communications software from intermediate destination, if the flight’s by the FAA is required to prevent the the FAA regulations section of the origin or ultimate destination is Iraq. potential injury or loss of certain U.S.- Fedworld electronic bulletin board SFAR 61–2 implements Executive registered aircraft and U.S. operators service (telephone: 703–321–3339), the orders 12722 (1990) and 12724 (1990) conducting flights in the vicinity of Iraq. Federal Register’s electronic bulletin and UN Security Council Resolutions I find that the circumstances board service (telephone: 202–512– 661, 666 and 670 (1990) mandating an surrounding the recently heightened 1661), or the FAA’s Aviation embargo of air traffic with Iraq. tensions and instability in and around Rulemaking Advisory Committee The FAA also has published a Notice Iraq and the actions of the Iraqi military, Bulletin Board service (telephone: 202– to Airmen (NOTAM) advising of no-fly as described above, present an 267–5948). zones established by the United States immediate hazard to the operation of Internet users may reach the FAA’s and its coalition allies. The no-fly zones civil aircraft in the territory and airspace web page at http://www.faa.gov or the cover Iraqi territorial airspace north of of Iraq. Accordingly, I am ordering a Federal Register’s web page at http:// 36 degrees north latitude and south of prohibition of flight operations within www.access.gpo.gov/suldocs for 33 degrees north latitude. The no-fly the territory and airspace of Iraq by any access to recently published rulemaking zones may be entered by aircraft only in United States carrier or commercial documents. accordance with the procedures operator, by any person exercising the Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 54021 privileges of an airman certificate issued ensure that small entities are not FAA Order 2100.14A. Thus, the FAA by the FAA except persons operating unnecessarily and disproportionately certifies that this rule will not have a U.S.-registered aircraft for a foreign air burdened by Federal regulations. The significant economic impact, positive or carrier, or by an operator using an RFA requires a Regulatory Flexibility negative, on a substantial number of aircraft registered in the United States Analysis if a proposed rule would have small entities under the criteria of the unless the operator of such aircraft is a ‘‘significant economic impact on a Regulatory Flexibility Act. foreign air carrier. This action is substantial number of small entities.’’ List of Subjects in 14 CFR Part 91 necessary to prevent an undue hazard to FAA Order 2100.14A outlines the FAA’s U.S.-registered aircraft and to protect procedures and criteria for Aircraft, Airmen, Air traffic control, persons on board that aircraft. implementing the RFA. The FAA Aviation safety, Freight, Iraq. Operations approved by the believes that there are no U.S. air The Amendment Administrator or by another agency of carriers affected by this SFAR and the United States Government and therefore no ‘‘small entities’’ affected as For the reasons set forth above, the certain emergency operations shall be defined by FAA Order 2100.14A. Thus, Federal Aviation Administration is excepted from the prohibition. the SFAR would not impose a amending 14 CFR part 91 as follows: Because the circumstances described ‘‘significant economic impact on a PART 91ÐGENERAL OPERATING AND in this notice warrant immediate action substantial number of small entities.’’ FLIGHT RULES by the FAA to maintain the safety of Paperwork Reduction Act flight, I also find that notice and public 1. The authority citation for part 91 comment under 5 U.S.C. 553(b) are This rule contains no information continues to read as follows: impracticable and contrary to the public collection requests requiring approval of Authority: 49 USC 106(g), 40103, 40113, interest. Further, I find that good cause the Office of Management and Budget pursuant to the Paperwork Reduction 40120, 44101, 44111, 44701, 44709, 44711, exists for making this rule effective 44712, 44715, 44716, 44717, 44722, 46306, immediately upon issuance. I also find Act of 1995 (44 U.S.C. 3507 et seq.). 46315, 46316, 46502, 46504, 46506–46507, that this action is fully consistent with International Trade Impact Assessment 47122, 47508, 47528–47531. my obligations under 49 U.S.C. 2. Special Federal Aviation 40105(b)(1)(A) to ensure that I exercise This final rule could have an impact on the international flights of U.S. air Regulation (SFAR) No. 77 is added to my duties consistently with the read as follows: obligations of the United States under carriers or commercial operators international agreements. The because it will restrict their ability to Special Federal Aviation Regulation Department of State has been advised of, overfly the territory of Iraq and therefore No. 77—Prohibition Against Certain and has no objection to, the action taken may impose additional costs relating to Flights Within the Territory and herein. the circumnavigation of Iraq’s territorial Airspace of Iraq airspace. This final rule, however, will This rule shall remain effective until 1. Applicability. This rule applies to further notice. not restrict the ability of foreign air carriers to overfly Iraqi territory. Given the following persons: Regulatory Evaluation the narrow scope of this rule, it will not (a) All U.S. air carriers or commercial operators; Benefits eliminate existing or create additional barriers to the sale of foreign aviation (b) All persons exercising the This regulation will generate potential products in the United States or to the privileges of an airman certificate issued benefits in the form of ensuring that the sale of U.S. aviation products and by the FAA except such persons current acceptable level of safety services in foreign countries. operating U.S.-registered aircraft for a continues for U.S. commercial air foreign air carrier; or carriers and other operators. The Federalism Determination (c) All operators of aircraft registered potential benefits of this action will The SFAR set forth herein will not in the United States except where the accrue only to those air carriers and have substantial direct effects on the operator of such aircraft is a foreign air other operators currently engaging in states, on the relationship between the carrier. overflights of Iraqi territory; however, national government and the states, or 2. Flight prohibition. Except as the FAA believes that there are no on the distribution of power and provided in paragraphs 3 and 4 of this carriers currently engaged in responsibilities among the various SFAR, no person described in paragraph commercial revenue operations over levels of government. Therefore, in 1 may conduct flight operations over or Iraq. accordance with Executive Order 12612 within the territory and airspace of Iraq. (52 FR 41685; October 30, 1987), it is 3. Permitted operations. This SFAR Costs determined that this regulation does not does not prohibit persons described in The SFAR will impose a potential have federalism implications warranting paragraph 1 from conducting flight incremental cost of compliance in the the preparation of a Federalism operations over or within the territory form of the circumnavigation (including Assessment. and airspace of Iraq where such the additional time for preflight operations are authorized either by planning) of Iraqi territory and airspace. Conclusion exemption issued by the Administrator The FAA believes that there are no U.S. For the reasons set forth above, the or by another agency of the United air carriers or commercial operators FAA has determined that this action is States Government. currently conducting revenue flights a ‘‘significant regulatory action’’ under 4. Emergency situations. In an over Iraq. However, if there are affected Executive Order 12866. This action is emergency that requires immediate carriers, the FAA seeks comments on considered a ‘‘significant rule’’ under decision and action for the safety of the the economic effects of this rule. DOT Regulatory Policies and Procedures flight, the pilot in command of an (44 FR 11034; February 26, 1979). The aircraft may deviate from this SFAR to Regulatory Flexibility Determination FAA has determined that there are no the extent required by that emergency. The Regulatory Flexibility Act of 1980 U.S. air carriers affected by the SFAR, Except for U.S. air carriers or (RFA) was enacted by Congress to nor any ‘‘small entities’’ as defined by commercial operators that are subject to 54022 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations the requirements of 14 CFR parts 119, 121, or 135, each person who deviates from this rule shall, within ten (10) days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the nearest FAA Flight Standards District Office a complete report of the operations of the aircraft involved in the deviation including a description of the deviation and the reasons therefore. 5. Expiration. This Special Federal Aviation Regulation will remain in effect until further notice. Issued in Washington, DC, on October 9, 1996. David R. Hinson, Administrator. [FR Doc. 96–26458 Filed 10–10–96; 1:13 pm] BILLING CODE 4910±13±M federal register October 16,1996 Wednesday Proposed Rule Programs; RegulatoryReinvention; Vocational andAdultEducation 34 CFRPart400,etal. Education Department of Part V 54023 54024 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules

DEPARTMENT OF EDUCATION the Department’s regulations. As of Secretary would maintain, but review August 31, 1996, the Department had and improve them. Examples of all 34 CFR Parts 400, 401, 402, 403, 406, eliminated or reinvented 1,827 pages these types of regulations and specific 410, 411, 412, 413, 415, 421, 425, 426, (approximately 92%) of the regulations questions follow in the sections 427, 428, 429, 460, 461, 464, 472, 477, the Department is committed to describing the vocational and adult 489, 490, and 491 changing. These numbers include education programs. proposed significant statutory changes In addition to the specific questions Regulatory Reinvention for Vocational that, if enacted, would lead to that follow, the Secretary requests and Adult Education Programs immediate regulatory elimination or comments on the following general reinvention. AGENCY: Department of Education. questions: Regulatory review and improvement • Are there reasons why the ACTION: Advance notice of proposed are occurring Departmentwide. The rulemaking. Department should not eliminate Department already instituted a number regulations that simply restate the law? of reforms that have led to fewer SUMMARY: The Secretary is giving the If the Department eliminates these regulations and better decisions about public early notice of regulatory actions provisions, would it be helpful to when to regulate. For example, the the Secretary intends to take regarding explain statutory requirements and Department’s Office of Vocational and the vocational and adult education information currently codified in Adult Education identified regulations programs. This notice solicits public regulations in a guidebook or other that were no longer necessary for 20 input to help guide the Department in resource? programs, eliminating over 80 pages in revising and simplifying regulations and • Would the changes proposed in this the Code of Federal Regulations in May reducing regulatory burden. notice have any effects the Department 1995 (see 60 FR 27223, May 23, 1995). may not have anticipated? DATES: Comments will be most useful if Efforts in other offices have resulted in • submitted by November 15, 1996. elimination of paperwork burden, Would the actions described in this ADDRESS: Patricia W. McNeil, Assistant increased flexibility, and fewer advance notice provide useful Secretary for Vocational and Adult regulatory requirements. regulatory relief? Education, U.S. Department of • Are there other ways the Secretary Education, 600 Independence Avenue, Reinvention of Vocational and Adult could reduce costs and burdens S.W. (Room 4090, Switzer Building), Education Programs associated with these regulations? Washington, D.C. 20202–7100. Comprehensive legislative reform Vocational Education Programs FOR FURTHER INFORMATION CONTACT: Jon proposals that would have significantly Weintraub, telephone (202) 205–5602. changed the existing vocational and The Carl D. Perkins Vocational and Individuals who use a adult education programs were not Applied Technology Education Act, telecommunications device for the deaf enacted by the 104th Congress. Because Public Law 101–392, (Perkins Act) (TDD) may call the Federal Information these proposals were not enacted, the authorizes the Department to fund Relay Service (FIRS) at 1–800–877–8339 Department plans to move forward on vocational programs offered in between 8 a.m. and 8 p.m., Eastern time, its normal cycle for reviewing the secondary and postsecondary schools. Monday through Friday except Federal existing regulations governing these Under the State Vocational and Applied holidays. Internet: programs. Technology Education Program, the l jon [email protected] General Questions Department makes formula grants to States and Outlying Areas to expand SUPPLEMENTARY INFORMATION: In an initial review of the remaining and improve their programs of Background regulations governing the adult and vocational education and provide equal vocational education programs, the access in vocational education to The President, on March 4, 1995, Secretary has identified four broad announced a Regulatory Reinvention members of special populations, such as categories of regulatory provisions: individuals with disabilities or Initiative to reform the Federal 1. Regulations that merely restate regulatory system. The Initiative economically disadvantaged students. statutory language. In addition, the national programs requires all Federal agencies to review 2. Obsolete regulations, i.e., those that their regulations page by page in an authorized by the Perkins Act support govern unfunded programs or contain research, demonstration, development, effort to eliminate obsolete regulations, provisions that no longer have any improve or reinvent regulations, revise and dissemination activities, with meaning or effect. special emphasis on the integration of regulations to reward results rather than 3. Regulations that both restate academic and vocational education, and process, and streamline regulations to statutory language and interpret the development of business and education achieve agency goals in the most statute. efficient and least intrusive way 4. Regulations that impose standards designed to improve possible. Since then, the Department requirements not explicitly required by vocational education across the country. has been thoroughly reviewing all of its statute. The Secretary plans to eliminate Emphasis is also given to improving regulations pursuant to the President’s regulations that fall into the first two access of populations, such as American instructions. categories unless the public gives the Indians and Native Hawaiians, to As directed by the President, in June Secretary reasons to retain those types quality vocational education programs. of 1995 each Federal agency submitted of regulations. The Secretary would like The vocational education programs a plan to the Director of the Office of input from the public in deciding how governed by regulations in Title 34 of Management and Budget describing the to treat the regulations in the third and the Code of Federal Regulations (CFR) actions it planned to take to eliminate fourth categories. For regulations in the are: or improve existing regulations. The third and fourth categories that are • Indian Vocational Education Secretary committed to the President to determined, at the conclusion of the Program (Part 401) eliminate or reinvent 1,984 pages of review process, to be necessary for • Native Hawaiian Vocational regulations, representing 93 percent of effective program administration, the Education Program (Part 402) Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules 54025

• State Vocational and Applied restates section 201 of the Act regarding Secretary is considering removing Technology Education Program (Part how a State must use funds to conduct § 411.23 and following the procedures 403) programs, projects, services, and for evaluating unsolicited applications • State-Administered Tech-Prep activities under the State Programs and in EDGAR. Using the EDGAR Education Program (Part 406) State Leadership Activities. An example procedures would create more • Tribally Controlled Postsecondary of a regulatory provision in the-State- uniformity for applicants, particularly Vocational Institutions Program (Part Administered Tech-Prep Education for those who apply for a number of 410) Program that restates statutory language Department grants. • Vocational Education Research is § 406.3. This provision repeats the Some regulations provide examples Program (Part 411) requirements in section 344 of the that do not impose requirements on • National Network for Curriculum Perkins Act, regarding the projects that grantees or applicants and, thus, do not Coordination in Vocational and a State board assists and how funds need to exist in regulations. For Technical Education (Part 412) must be spent. All of these are examples instance, in the Business and Education • National Center or Centers for of the types of regulations that the Standards Program, § 421.2(d) provides Research in Vocational Education (Part Secretary plans to eliminate. examples of comparable national 413) In addition, there are a number of organizations. Also, Appendix B to Part • Demonstration Centers for the regulatory provisions that merely restate 403 (State Vocational and Applied Training of Dislocated Workers Program statutory language, but that consolidate Technology Education Program) (Part 415) related requirements from many contains examples of methods by which • Business and Education Standards sections of the Perkins Act in one a local educational agency can Program (Part 421) regulatory provision for convenience demonstrate its compliance with certain • Demonstration Projects for the and clarity. For example, § 403.32 comparability requirements. Are Integration of Vocational and Academic consolidates requirements related to the examples in the regulations such as Learning Program (Part 425) State plan for vocational education that these useful? Or would streamlined • Cooperative Demonstration are imposed by 15 provisions of the regulations, with examples and other Program (Part 426) Perkins Act. The Secretary would like information on implementation • Bilingual Vocational Training input from the public on how to provided in other easily accessible Program (Part 427) approach regulations, such as § 403.32, formats, be more desirable? • Bilingual Vocational Instructor that both restate statutory language and Examples of Vocational Education Training Program (Part 428) consolidate related requirements. Are Regulations to Review and Improve • Bilingual Vocational Materials, there ways that are as good or better Methods, and Techniques Program (Part than regulations for providing the same Some regulations governing 429) consolidation and clarification that vocational education programs interpret In addition to reviewing regulations would allow the Department to shorten statutory language or add requirements governing specific vocational education the regulations and make clear which not explicitly required by statute. For programs, the Secretary is reviewing requirements are statutory? Would it be example, in § 403.31(c), which relates to and may revise the regulations in 34 useful to retain these types of regulatory the State Vocational and Applied CFR Part 400, Vocational and Applied provisions? Technology Education Program, the Technology Education Programs— Moreover, the Department plans to Secretary implements the statutory General Provisions, which apply to all eliminate regulations that address phrase ‘‘appropriate and sufficient of the vocational education programs. unfunded programs. For example, the notice’’ as required by section Section 563 of the Improving Department would eliminate Subpart F 113(a)(2)(B) of the Perkins Act through America’s Schools Act, however, (§ 403.130–§ 403.174) of the regulations a regulatory provision that requires restricts the Department from changing governing the State Vocational and notice ‘‘at least 30 days prior to the any regulations regarding special Applied Technology Education Program hearings.’’ The Secretary is inclined to populations and local evaluations until (34 CFR Part 403). Subpart F governs the delete these specific regulatory the Perkins Act is reauthorized. special programs in Title III of the requirements that implement general Therefore, those regulations are not Perkins Act which were last funded in statutory language and that do not affect included in this effort to review and fiscal year 1994. Other unfunded significantly the operation of the improve the regulations governing the programs for which the Secretary program. The Secretary wants to give vocational education programs. intends to eliminate regulations are the States greater flexibility to judge Bilingual Vocational Training Program whether notice is appropriate and Examples of Vocational Education (34 CFR Part 427) and Bilingual sufficient. Is the more specific Regulations to Eliminate Vocational Instructor Training Program requirement necessary to protect the The Secretary plans to eliminate the (34 CFR Part 428). The Secretary does public? Should the Secretary remove regulations described in this section not expect to have additional funding provisions such as this one? because they repeat statutory language. for any of these programs prior to the Other regulations that interpret the Examples include § 403.61, which enactment of new legislation that would statute or add requirements were restates section 516(c) of the Perkins authorize vocational education thought to be needed to clarify statutory Act, and § 403.62, which restates programs. requirements that could have been sections 516(b) and (d) of the Perkins The Secretary is considering removing implemented in a wide variety of ways Act, in the State Vocational and Applied sections governing requirements or and that were expected to affect Technology Education Program. These procedures provided for in the significantly the operation of the sections describe permissible project Education Department General program. The Secretary expects to services and activities under the basic Administrative Regulations (EDGAR). review and improve these sections grant and the applicable administrative For example, § 411.23, which applies to while maintaining appropriate provisions. Another example of a the Vocational Education Research requirements to facilitate program regulatory provision that the Secretary Program, establishes procedures for administration. Examples of these types intends to eliminate is § 403.70, which evaluating unsolicited applications. The of regulations are the following 54026 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules provisions regarding the Vocational General Provisions, which apply to all repetition of statutory language and Education Basic Grant Program (34 CFR of the adult education programs. additional requirements not explicitly Part 403): § 403.118 which establishes contained in the statute. This section Examples of Adult Education criteria for approving an alternative prescribes the required contents of a Regulations to Eliminate method for determining how a State State plan and an interpretation of the may distribute funds for the The Secretary plans to eliminate the statutory ‘‘direct and equitable’’ Postsecondary and Adult Vocational regulations described in this section requirement, which the Department Education Program; § 403.184 which because they either merely repeat plans to retain. Is there any reason not establishes procedures for seeking a statutory language or are obsolete. to eliminate those portions of the waiver of the maintenance-of-effort Under the Adult Education State- regulation that duplicate the statute? requirement; and § 403.180(c)(3) which Administered Basic Grant Program (34 There are also sections of the explains in detail the procedure for CFR Part 461), § 461.2 merely repeats regulations that interpret the statute or meeting the ‘‘hold-harmless’’ sections 321 and 331(a) of the Adult add requirements that are not explicitly requirements in section 102(c) of the Education Act regarding which entities required by statute and that were Perkins Act. In the State-Administered are eligible for an award; § 461.11 thought to be necessary to administer Tech-Prep Education Program (34 CFR restates sections 342(a)(1)–(2) and (b) of the program more effectively. Examples Part 406), the Secretary would retain the Adult Education Act, which specify of these types of regulations include the § 406.10(d), which interprets and what a State educational agency (SEA) following: § 460.4 which defines terms clarifies the statutory requirements for must do in formulating a State plan; and such as ‘‘adult basic education’’, ‘‘adult applications, and other sections similar § 461.40 repeats the statutory secondary education’’, and ‘‘State to § 406.10(d). How can the Secretary requirements in sections 323 and 331(c) administrative costs’’; § 461.41(c) which improve sections such as these? Should of the Adult Education Act regarding explains what constitutes the non- the Secretary make any changes to these administrative costs. Are there reasons Federal share of expenditures under the regulations? to retain these regulations? State plan; and §§ 461.42–461.45 which Also, under this program, provide maintenance of effort Adult Education Programs § 461.3(b)(7) requires that, by July 25, definitions and procedures, including Programs authorized by the Adult 1993, each SEA develop and implement provisions regarding obtaining a waiver Education Act, Public Law 89–750, as indicators of program quality. Because of these requirements. What changes amended, support and promote services this deadline occurred more than three should the Secretary make to improve that assist educationally disadvantaged years ago, and because SEAs are sections such as these? adults in developing basic skills, required by the Adult Education Act to continue using indicators of program Regulations Regarding Fees For Basic including furthering literacy, achieving Adult Education certification of high school equivalency, quality, the Secretary plans to eliminate There are several regulations that and learning English. Through the Adult this requirement. impose requirements that are not Education State-Administered Basic Examples of Adult Education explicitly required by the statute that Grant Program (34 CFR Part 461), the Regulations to Review and Improve the Secretary is reviewing and Department assists State efforts to The Secretary would like input from considering revising. provide these services to adults who the public on how to approach One example is § 461.10(b)(7), which lack a high school diploma or the basic regulations that both restate statutory requires an SEA to assure that adults skills to function effectively in the language and interpret the statute. enrolled in adult basic education and workplace and their daily lives. At the Examples of regulations that the English as a second language (ESL) national level, the Department funds Secretary is considering changing follow programs will not be charged tuition, applied research, dissemination, in this section of the notice. fees, or be required to purchase any evaluation, technical assistance, and Section 461.10 of the Adult Education materials that are needed for other activities that show promise of State-Administered Basic Grant Program participation in the program. The Adult contributing to the improvement and describes the documents that a State Education Act does not specify any expansion of adult education. In must submit to receive a grant. Many of restrictions regarding charging tuition or addition to the Adult Education State- the requirements included in this fees to students in any adult education Administered Basic Grant Program, the provision are explicitly required by the programs. The regulations reflect a adult education programs governed by statute; other explicit statutory longstanding Federal policy to make regulations in Title 34 of the CFR are: requirements are recast in this adult basic education and ESL programs • State Literacy Resource Centers regulatory provision as assurances that available free of charge. Historically, the Program (Part 464) a State must provide in its application. Department has regarded this type of • National Workplace Literacy This provision also requires that regulation as necessary to provide Program (Part 472) applicants assure that they will meet access to education for the many adults • State Program Analysis Assistance certain requirements not explicitly who lack the funds to pay for a basic and Policy Studies Program (Part 477) provided for in the statute. Are there education. • Functional Literacy for State and reasons not to eliminate those portions The reason the Secretary has selected Local Prisoners Program (Part 489) of the regulation that merely repeat the prohibition on fees as an example of • Life Skills for State and Local statutory language, including the a regulation that will be reviewed is that Prisoners Program (Part 490) assurances based on statutory some SEAs and local providers have • Adult Education for the Homeless requirements? How would it affect SEAs asked the Secretary to reconsider the Program (Part 491) if the Department retained only those prohibition. Because these parties have In addition to reviewing regulations parts of the regulations that set forth suggested that some services might be governing specific adult education requirements beyond those explicitly reduced unless the prohibition is programs, the Secretary is reviewing provided for in the statute? relaxed or eliminated from the and may revise the regulations in 34 Section 461.12 is another example of regulations, the Secretary would CFR Part 460, Adult Education— a regulatory provision that contains both particularly like input from the public Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Proposed Rules 54027 in deciding what changes, if any, should • Could and would States establish a Invitation to Comment: be made to this section. In considering policy to charge fees only to those whether to revise this section, the adults who are able to pay? Interested persons are invited to submit comments on the Department’s Secretary requests that commenters • Would adults be denied access to address the impact of their proposals on plans to revise the regulations governing educational opportunities if they could the vocational and adult education needy students. not pay the necessary fees? Commenters should be aware that programs. After considering the • even if the prohibition were relaxed or What effects would fees have on the comments received in response to this eliminated, certain statutory and relationship between programs funded advance notice, the Secretary intends to regulatory provisions would remain in under the Adult Education Act and publish notices of proposed rulemaking place. For example, the statute would those funded under other Federal Acts, with an opportunity for further public still afford a preference to programs that such as the Job Training and Partnership comment before eliminating or can recruit and serve educationally Act? implementing any amendments to the disadvantaged adults in areas in which • What effects would fees have on the regulations with one exception. For these adults are highly concentrated; relationship between programs funded those amendments that the Secretary prohibit the supplanting of Federal under the Adult Education Act and the believes are non-controversial, such as funds by State and local funds; and goals of recent welfare reform the elimination of obsolete regulations, require State maintenance of non- legislation—the Personal Responsibility the Secretary intends to publish direct Federal effort. Section 76.534 of Title 34 and Work Opportunity Reconciliation final rules, which would become of the CFR would also forbid States to Act of 1996? effective unless the Department receives any negative public comment. count tuition and fees collected from • Will eliminating this prohibition students toward meeting matching, cost reduce the number of economically and Comments will be available for public sharing, or maintenance of effort educationally disadvantaged adults inspection, during and after the requirements. participating in adult basic education comment period, in Room 4090, Switzer In considering whether and how to programs? Building, 330 C Street, S.W., revise the prohibition on charging fees • Washington, D.C. between the hours of for adult basic education and ESL If eliminating this provision would 9:00 a.m. and 4:30 p.m., Monday programs, the Secretary is particularly create hardship for participants, should through Friday of each week except interested in comments on one or more the Secretary take measures to lessen Federal holidays. of the following questions: the impact? For example, the Secretary • Have States investigated whether could establish a cap on the amount of Dated: October 10, 1996. other non-Federal funds are available to fees that a State could charge, delay Patricia W. McNeil, pay for services that might be reduced? implementation of imposing fees, Assistant Secretary for Vocational and Adult • What fees or other costs would gradually permit the charging of fees, or Education. SEAs and local programs propose to link fees to the amount of a participant’s [FR Doc. 96–26413 Filed 10–15–96; 8:45 am] charge students? income? BILLING CODE 4000±01±P federal register October 16,1996 Wednesday Substances; FinalRule of SubstitutesforOzone-Depleting Protection ofStratosphericOzone:Listing 40 CFRParts9and82 Protection Agency Environmental Part VI 54029 54030 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations

ENVIRONMENTAL PROTECTION 6205J, 401 M Street, SW., Washington, resources to assist users of class I and II AGENCY DC 20460. Overnight mail (Fed-Ex, substances in identifying and developing Express Mail, etc.) should be sent to our alternatives to the use of such substances in 40 CFR Parts 9 and 82 501–3rd Street, NW., Washington, DC key commercial applications. 20001 street address. • Clearinghouse—Section 612(b)(4) [FRL±5635±9] requires the Agency to set up a public SUPPLEMENTARY INFORMATION: RIN 2060±AG12 clearinghouse of alternative chemicals, I. Overview of This Action product substitutes, and alternative Protection of Stratospheric Ozone: This action is divided into five manufacturing processes that are available Listing of Substitutes for Ozone- sections, including this overview: for products and manufacturing processes Depleting Substances which use class I and II substances. I. Overview of This Action AGENCY: Environmental Protection II. Section 612 Program B. Regulatory History Agency. A. Statutory Requirements B. Regulatory History On March 18, 1994, EPA published ACTION: Final rule. III. Listing of Substitutes the Final Rulemaking (FRM) (59 FR IV. Administrative Requirements 13044) which described the process for SUMMARY: This action imposes V. Submission to Congress and the General administering the SNAP program and restrictions or prohibitions on Accounting Office issued EPA’s first acceptability lists for substitutes for ozone depleting VI. Additional Information substitutes in the major industrial use substances (ODS) under the U.S. Appendix: Summary of Listing Decisions sectors. These sectors include: Environmental Protection Agency (EPA) II. Section 612 Program refrigeration and air conditioning; foam Significant New Alternatives Policy blowing; solvent cleaning; fire (SNAP) program. SNAP implements A. Statutory Requirements suppression and explosion protection; section 612 of the amended Clean Air Section 612 of the Clean Air Act sterilants; aerosols; adhesives, coatings Act of 1990 which requires EPA to authorizes EPA to develop a program for and inks; and tobacco expansion. These evaluate and regulate substitutes for the evaluating alternatives to ozone- sectors comprise the principal industrial ODS to reduce overall risk to human depleting substances. EPA refers to this sectors that historically consume large health and the environment. Through program as the Significant New volumes of ozone-depleting compounds. these evaluations, SNAP generates lists Alternatives Policy (SNAP) program. of acceptable and unacceptable The major provisions of section 612 are: The Agency defines a ‘‘substitute’’ as any chemical, product substitute, or substitutes for each of the major • industrial use sectors. The intended Rulemaking—Section 612(c) requires alternative manufacturing process, EPA to promulgate rules making it unlawful whether existing or new, that could effect of the SNAP program is to to replace any class I (chlorofluorocarbon, expedite movement away from ozone halon, carbon tetrachloride, methyl replace a class I or class II substance. depleting compounds while avoiding a chloroform, methyl bromide, and Anyone who produces a substitute must shift into high-risk substitutes posing hydrobromofluorocarbon) or class II provide the Agency with health and other environmental problems. (hydrochlorofluorocarbon) substance with safety studies on the substitute at least On March 18, 1994, EPA promulgated any substitute that the Administrator 90 days before introducing it into a final rulemaking setting forth its plan determines may present adverse effects to interstate commerce for significant new for administering the SNAP program, human health or the environment where the use as an alternative. This requirement and issued decisions on the Administrator has identified an alternative applies to chemical manufacturers, but that (1) reduces the overall risk to human acceptability and unacceptability of a health and the environment, and (2) is may include importers, formulators or number of substitutes. In this Final Rule currently or potentially available. end-users when they are responsible for (FR), EPA is issuing its decisions on the • Listing of Unacceptable/Acceptable introducing a substitute into commerce. acceptability of certain substitutes not Substitutes—Section 612(c) also requires III. Listing of Substitutes previously reviewed by the Agency. To EPA to publish a list of the substitutes unacceptable for specific uses. EPA must arrive at determinations on the To develop the lists of unacceptable acceptability of substitutes, the Agency publish a corresponding list of acceptable alternatives for specific uses. and acceptable substitutes, EPA completed a cross-media evaluation of • conducts screens of health and risks to human health and the Petition Process—Section 612(d) grants the right to any person to petition EPA to add environmental risks posed by various environment by sector end-use. a substitute to or delete a substitute from the substitutes for ozone-depleting EFFECTIVE DATE: November 15, 1996. lists published in accordance with section compounds in each use sector. The ADDRESSES: Public Docket: Comments 612(c). The Agency has 90 days to grant or outcome of these risk screens can be and data are available in Docket A–91– deny a petition. Where the Agency grants the found in the public docket. petition, EPA must publish the revised lists 42, Central Docket Section, South within an additional six months. Under section 612, the Agency has Conference Room 4, U.S. Environmental • 90-day Notification—Section 612(e) considerable discretion in the risk Agency, 401 M Street, SW., Washington, requires EPA to require any person who management decisions it can make in DC 20460. The docket may be inspected produces a chemical substitute for a class I SNAP. The Agency has identified five between 8 a.m. and 4:00 p.m. on substance to notify the Agency not less than possible decision categories: acceptable, weekdays. Telephone (202) 260–7549; 90 days before new or existing chemicals are acceptable subject to use conditions; fax (202) 260–4400. As provided in 40 introduced into interstate commerce for acceptable subject to narrowed use CFR part 2, a reasonable fee may be significant new uses as substitutes for a class limits; unacceptable; and pending. charged for photocopying. I substance. The producer must also provide the Agency with the producer’s unpublished Acceptable substitutes can be used for FOR FURTHER INFORMATION CONTACT: health and safety studies on such substitutes. all applications within the relevant Carol Weisner at (202) 233–9193 or fax • Outreach—Section 612(b)(1) states that sector end-use. Conversely, it is illegal (202) 233–9665, Stratospheric the Administrator shall seek to maximize the to replace an ODS with a substitute Protection Division, USEPA, Mail Code use of federal research facilities and listed by SNAP as unacceptable for that Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 54031 end-use. A pending listing represents published in separate Notices in the them. Since notice-and-comment substitutes for which the Agency has Federal Register. rulemaking normally takes up to one not received complete data or has not Parts A. through C. below present a year, this means that in some cases completed its review of the data. detailed discussion of the substitute products are being sold before EPA After reviewing a substitute, the listing determinations by major use makes a final determination as to their Agency may make a determination that sector. Tables summarizing listing environmental acceptability. a substitute is acceptable only if certain decisions in this rulemaking are in EPA agrees that the lag time between conditions of use are met to minimize Appendix D to 40 CFR 82, subpart G. SNAP notification and a final risks to human health and the The comments contained in Appendix rulemaking creates a window when environment. Such substitutes are D provide additional information on a people may legally use an alternative placed on the acceptable subject to use substitute. Since comments are not part refrigerant without an existing conditions lists. Use of such substitutes of the regulatory decision, they are not acceptability determination. This in ways that are inconsistent with such mandatory for use of a substitute. Nor creates confusion in the marketplace, use conditions renders these substitutes should the comments be considered and an inequitable situation in which unacceptable. comprehensive with respect to other new alternatives may be used without Even though the Agency can restrict legal obligations pertaining to the use of the unique fittings and labels that are the use of a substitute based on the the substitute. However, EPA required of alternatives which have potential for adverse effects, it may be encourages users of substitutes to apply undergone SNAP review, or without a necessary to permit a narrowed range of all comments in their application of SNAP review of overall environmental use within a sector end-use because of these substitutes. In many instances, the acceptability. EPA is concerned about the lack of alternatives for specialized comments simply allude to sound this issue because of the potential for applications. Users intending to adopt a operating practices that have already cross-contamination of the supply of substitute acceptable with narrowed use been identified in existing industry and/ refrigerants, particularly CFC–12, and limits must ascertain that other or building-code standards. Thus, many about the potential for mishandling acceptable alternatives are not of the comments, if adopted, would not alternatives, or of significant market technically feasible. Companies must require significant changes in existing penetration of alternatives which are document the results of their evaluation, operating practices for the affected later deemed unacceptable. To address this issue, EPA has and retain the results on file for the industry. promulgated two general requirements purpose of demonstrating compliance. A. Refrigeration and Air Conditioning which apply to all future submissions as This documentation shall include 1. Response to Comments a class. This means that EPA need not descriptions of substitutes examined engage in notice-and-comment and rejected, processes or products in Several commenters, representing rulemaking on these basic requirements, which the substitute is needed, reason trade organizations, auto manufacturers, which apply to all motor vehicle air for rejection of other alternatives, e.g., and the general public, expressed conditioning substitutes, in the future. performance, technical or safety concern about the proliferation of This will streamline the regulatory standards, and the anticipated date alternative refrigerants for motor vehicle process and lessen the potential for other substitutes will be available and air conditioning systems (MVACS). confusion, contamination and projected time for switching to other They identified four issues: mishandling. First, in the June 13, 1995 available substitutes. Use of such • New refrigerants are being used and final rule (60 FR 31092), EPA prohibited substitutes in applications and end-uses sold before EPA has come to a final the use of flammable CFC alternatives in which are not specified as acceptable in determination on acceptability, the MVACS sector as a class. Second, in the narrowed use limit renders these including any necessary conditions on this final rule EPA has changed the substitutes unacceptable. use; notification requirement for new In this Final Rule (FR), EPA is issuing • EPA’s proposed rule does not make substitutes in the MVACS sector to its decision to restrict use of certain clear who is responsible for developing require manufacturers of new substitutes not previously reviewed by unique fittings and labels; alternatives to submit unique fittings the Agency. As described in the final • EPA’s proposed rule identifies no and a sample label at the start of the rule for the SNAP program (59 FR central source for information about SNAP review process, to minimize the 13044), EPA believes that notice-and- fitting or label specifications; likelihood of substitutes pending final comment rulemaking is required to • EPA’s proposed rule does not action being used without such fittings place any alternative on the list of specify any mechanism to ensure that and labels. Making these requirements prohibited substitutes, to list a fittings are unique, or that the colors final prospectively for all new MVACS substitute as acceptable only under chosen for labels are specific to submissions will allow EPA to process certain use conditions or narrowed use individual refrigerants. individual MVACS determinations limits, or to remove an alternative from The first issue, that people are using under SNAP faster. either the list of prohibited or new refrigerants before EPA issues final Two commenters were concerned that acceptable substitutes. determinations on them, is a result of by eliminating the notice-and-comment EPA does not believe that rulemaking the notice-and-comment rulemaking rulemaking process, EPA was removing procedures are required to list process and the statutory framework of an opportunity to comment on the alternatives as acceptable with no the SNAP program. EPA must solicit possible need for additional use limitations. Such listings do not impose public comment before imposing any conditions. EPA believes that the any sanction, nor do they remove any restrictions on the use of a substitute. At petition process established under the prior license to use a substitute. the same time, the SNAP notification SNAP program addresses this issue. For Consequently, EPA periodically adds requirement under section 612 of the any decision made under SNAP, any substitutes to the list of acceptable Clean Air Act requires those intending person is free to request that EPA alternatives without first requesting to sell new substitutes, to notify EPA, 90 subsequently consider changes based on comment on new listings. Updates to days prior to their introduction, after new data, including removing or adding the acceptable and pending lists are which they are legally permitted to sell use conditions or other restrictions. If 54032 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations

EPA agrees that such changes are 90-day moratorium on sale begins. substitutes that contain ozone-depleting appropriate, they would be promulgated Thus, the prohibition against sale of a HCFCs and global warming gases such via notice-and-comment rulemaking. In new refrigerant will not end until 90 as certain HCFCs and HFCs. It is addition, EPA may, on its own, days after the date that EPA determines important to note that, in accordance determine that additional conditions or the submission is complete. EPA will with guidelines set forth in the March restrictions should be added or removed send a letter to the submitter indicating 18, 1994 SNAP rule, EPA conducts a through future rulemaking. that a complete submission has been comparative risk screen comparing new The second issue relates to the received and specifying the start of the alternatives both to the ozone-depleting question of who is responsible for 90-day period. substances they are replacing and to developing new unique fittings. EPA Finally, EPA will create a package of other alternatives available for the same has always intended to require information about all existing fittings end-use. EPA has long maintained that manufacturers of new refrigerants to and labels that will be available to the HCFCs play an important role in the develop new fittings for their public. This package will allow transition away from CFCs. Among the refrigerants. To this end, EPA stated in developers of new refrigerants to avoid HCFCs being used in MVAC the NPRM that ‘‘it will be necessary for duplication with existing fittings or refrigerants, HCFC–142b has the highest developers of automotive refrigerants to label background colors. It will also ozone depletion potential (ODP) of 0.06. consult with EPA about the existence of allow EPA to consult industry experts to EPA believes that this is other alternatives. Such discussions will ensure that current refrigerants are in environmentally acceptable since the lower the risk of duplicating fittings fact being used with unique fittings. new refrigerants are replacing CFC–12, already in use.’’ Today’s FRM When developing unique fittings, with a much higher ODP of 1.0. formalizes the requirement that manufacturers should consider the Similarly, the global warming potentials manufacturers must develop unique possibility of cross-threading using (GWP) of various components are lower fittings, and prohibits the use of normal force and standard tools. EPA that that of CFC–12. EPA continues, anything but the manufacturer-specified will propose more specific guidelines however, to encourage the development fittings with alternative refrigerants. In for fitting design in a future NPRM. of zero-ODP and low-GWP refrigerants. cases where the submitter is not also the One commenter noted that although In addition, all SNAP reviews to date, manufacturer, the submitter must EPA proposed requiring barrier hoses and all future reviews, consider both coordinate with the manufacturer to for several refrigerants, this additional ODP and GWP, along with toxicity, develop unique fittings for new use condition was inadvertently omitted flammability, and ecological effects. refrigerants. This will minimize the from the proposed regulatory language. Several commenters expressed likelihood of different fittings being EPA has corrected this error in today’s concern that the large number of submitted for the same refrigerant. final rule. alternative MVAC refrigerants would The third and fourth issues both relate Several commenters requested that result in excessive venting because of a to EPA’s function as a clearinghouse for EPA not allow the sale of a new lack of adequate recovery equipment. information about fittings and label refrigerant prior to EPA’s final Under sections 608 and 609 of the Clean background colors. Initially, it appeared determination and imposition of use Air Act, it is illegal to vent any there would be very few alternatives for conditions. This issue is related to the alternative refrigerant. In addition, this end-use. At that time, EPA concern about the time delay between several manufacturers have established envisioned that manufacturers of EPA’s receipt of notification and final programs to accept used refrigerant for alternative refrigerants would rulemaking. Under section 612 of the reclamation or disposal. EPA urges communicate with each other to prevent Clean Air Act, manufacturers of industry to develop similar mechanisms duplication of fittings or label colors. substitutes must submit them to EPA 90 to ensure that the venting prohibition is However, a broader range of alternatives days prior to selling them. However, the observed. EPA will monitor the effect of has been developed. In response to the Act does not give EPA authority to the alternatives on the contamination of questions from commenters about how prevent sale once the 90 days have the CFC–12 supply, as well as the extent submitters are to know whether their expired. Therefore, EPA cannot prevent of cross-contamination of the substitutes fittings or colors are indeed unique, new products from entering the market, themselves. If appropriate, EPA will today’s final rule formalizes an even in the absence of a final propose additional requirements for the expanded clearinghouse role for EPA, in determination under the SNAP program. use of substitutes in a future NPRM. which the Agency maintains a library of The new process, whereby EPA will Several commenters requested that unique fittings and label specifications, impose standard use conditions on new EPA require that manufacturers provide and provides information on these to MVAC refrigerants via Notice of certain types of information to all end- the regulated community and the public Acceptability, will address this concern users. These additional requirements are upon request. To make this possible, by shortening the time between initial beyond the scope of the NPRM. EPA this final rule requires that, for new submission and final determination. In will consider proposing such refrigerants submitted for the MVACS addition, submissions that do not requirements in a future NPRM. end-use, fitting specifications, a contain fittings specifications, samples, One commenter requested that certain complete set of sample fittings, and a and labels will be incomplete, lessening information be removed from the sample label must be submitted at the the possibility that new materials will required labels applied to systems using same time as the rest of the information be widely available before alternative refrigerants, noting that the detailed in the March 18, 1994 SNAP manufacturers have yet identified label is intended for use by service rule (59 FR 13044). Even if a submission unique fittings. personnel, not the consumer. EPA includes information required in 1994 One commenter suggested specific disagrees, and believes that this label FRM, it will be considered incomplete criteria for determining whether fittings contains important information for the until the fitting specifications and are unique. EPA believes this is a consumer. Despite a comprehensive sample fittings and labels are sent to valuable suggestion, and will propose review of environmental and human EPA. As explained in the March 18, such criteria in a separate NPRM. health risks posed by new refrigerants, 1994 final rule, a submission must be One commenter expressed concern many alternatives have undergone only complete before the countdown of the that EPA is allowing the use of limited performance testing. The label Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 54033 gives the car owner details about who and R–401C. The May 22, 1996 final —In order to prevent discharge of performed the retrofit, what materials rule applied them to Freezone and Ikon. refrigerant to the atmosphere, systems were used, and whether the product With today’s final rule, EPA applies the shall have a device to limit contains a chemical that will damage use conditions to all refrigerants still compressor operation before the the ozone layer. Finally, in the case of awaiting final determinations, and all pressure relief device will vent flammable refrigerants, it is especially future refrigerants submitted for use in refrigerant. important to call attention to that MVACs. With these conditions in place —All CFC–12 service ports not characteristic. Flammability information in general, consumers and repair shops retrofitted with conversion assemblies will alert both service personnel and car will be protected from cross- shall be rendered permanently owners who may perform limited contamination and potential system incompatible for use with CFC–12 servicing of their own vehicles to the damage. In addition, by reducing the related service equipment by fitting presence of a flammable refrigerant. delay between submission and a final with a device attached with a thread The commenter also reiterated a determination, EPA minimizes the lock adhesive and/or a separate request to include a model label. EPA possibility that a refrigerant will gain mechanical latching mechanism in a believes that many possible widespread use without meeting the use manner that prevents the device from configurations and layouts would satisfy conditions. being removed. the labeling requirement, and does not When retrofitting a CFC–12 motor • When a retrofit is performed, a label believe that prescribing such a layout vehicle air conditioning system to use must be used as follows: would be beneficial. Any label that any substitute refrigerant, the following —The person conducting the retrofit contains the required information, and conditions must be met: • must apply a label to the air features a unique color, will serve to Each refrigerant may only be used conditioning system in the engine inform both service personnel and car with a set of fittings that is unique to compartment that contains the owners. The existence of an EPA that refrigerant. These fittings (male or following information: female, as appropriate) must be information package available to the * The name and address of the designed by the manufacturer of the public which will show colors and technician and the company performing refrigerant. The manufacturer is configurations of existing labels will the retrofit; assure that each new substitute’s label responsible to ensure that the fittings * The date of the retrofit; has a unique background color. Labels meet all of the requirements listed * The trade name, charge amount, used for refrigerants already listed as below, including testing according to and, where it exists, the ASHRAE acceptable subject to use conditions will SAE standards. These fittings must be numerical designation of the refrigerant; be in this package, and may be used as designed to mechanically prevent cross- * The type, manufacturer, and amount models by future submitters. charging with another refrigerant, of lubricant used; Finally, one commenter requested including CFC–12. * If the refrigerant is or contains an clarification on the definition of ‘‘barrier The fittings must be used on all ozone-depleting substance, the phrase hoses.’’ In general, this term means a containers of the refrigerant, on can ‘‘ozone depleter’’; hose that has a protective layer taps, on recovery, recycling, and * If the refrigerant displays specifically designed to reduce charging equipment, and on all air flammability limits as measured by refrigerant leakage. conditioning system service ports. A ASTM E681, the statement ‘‘This refrigerant may only be used with the 2. Acceptable Subject to Use Conditions refrigerant is FLAMMABLE. Take fittings and can taps specifically appropriate precautions.’’ This a. CFC–12 Automobile and Non- intended for that refrigerant and precaution does not apply to automobile Motor Vehicle Air designed by the manufacturer of the unacceptable refrigerants, because it is Conditioners, Retrofit and New. EPA is refrigerant. Using a refrigerant with a illegal to replace CFC–12 with such concerned that the existence of several fitting designed by anyone else, even if products. substitutes in this end-use may increase it is different from fittings used with —The label must be large enough to be the likelihood of significant refrigerant other refrigerants, is a violation of this easily read and must be permanent. cross-contamination and potential use condition. Using an adapter or —The background color must be unique failure of both air conditioning systems deliberately modifying a fitting to use a to the refrigerant. and recovery/recycling equipment. In different refrigerant is a violation of this —The label must be affixed to the addition, a smooth transition to the use use condition. system over information related to the of substitutes strongly depends on the Fittings shall meet the following previous refrigerant, in a location not continued purity of the recycled CFC– criteria, derived from Society of normally replaced during vehicle 12 supply. In order to prevent cross- Automotive Engineers (SAE) standards repair. contamination and preserve the purity and recommended practices: —In accordance with SAE J639, testing of recycled refrigerants, EPA is —When existing CFC–12 service ports of labels must meet ANSI/UL 969– imposing conditions on the use of all are retrofitted, conversion assemblies 1995. motor vehicle air conditioning shall attach to the CFC–12 fitting with —Information on the previous refrigerants. For the purposes of this a thread lock adhesive and/or a refrigerant that cannot be covered by final rule, no distinction is made separate mechanical latching the new label must be rendered between ‘‘retrofit’’ and ‘‘drop-in’’ mechanism in a manner that permanently unreadable. refrigerants; retrofitting a car to use a permanently prevents the assembly • No substitute refrigerant may be new refrigerant includes any and all from being removed. used to ‘‘top-off’’ a system that uses procedures that result in the air —All conversion assemblies and new another refrigerant. The original conditioning system using a new service ports must satisfy the refrigerant must be recovered in refrigerant. vibration testing requirements of accordance with regulations issued EPA has already applied the following sections 3.2.1 or 3.2.2 of SAE J1660, under Section 609 of the CAA prior to requirements to several refrigerants. The as applicable, excluding references to charging with a substitute. June 13, 1995 final rule applied them to SAE J639 and SAE J2064, which are All new refrigerants will be submitted HFC–134a, FRIGC (HCFC Blend Beta), specific to HFC–134a. with specifications and samples for all 54034 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations fittings and samples of labels. EPA will 12. This does not imply that the because of the large number of MVAC review the fittings and test for cross- refrigerant will work in any specific refrigerants. In this FRM, EPA imposes connections between the new fitting and system, nor does it mean that the the same use conditions on all future existing fittings for already listed refrigerant is perfectly safe regardless of MVAC refrigerants as were imposed on refrigerants. At the same time, EPA will how it is used. Nor does EPA approve HFC–134a and HCFC Blend Beta (FRIGC compare the background color of the or endorse any one refrigerant that is FR–12) on June 13, 1995 (60 FR 31092), sample label to those of other already acceptable subject to use conditions and on HCFC Blend Delta (Freezone) listed refrigerants. If the fittings are over others also in that category. and Blend Zeta (Ikon-12) on May 22, unique and cannot be mechanically Note also that EPA does not test 1996 (60 FR 51383). Because of EPA’s cross-threaded, and the label color is refrigerants for performance interest in timely review of substitute unique to that refrigerant, EPA will characteristics. Rather, a SNAP review refrigerants, EPA believes it is issue a letter to the manufacturer includes information submitted by appropriate that these use conditions be confirming that the submission is manufacturers and various independent applied to all future refrigerants for use complete. This confirmation letter will testing laboratories. Therefore, it is in motor vehicle air conditioning, identify the term of the 90-day sales important to discuss any new refrigerant thereby removing the requirement for moratorium required by section 612 of with the automaker, the refrigerant future notice-and-comment rulemaking the Clean Air Act, during which the manufacturer and the shop technician on this issue. In the future, EPA will refrigerant may not be sold or used. EPA before deciding to use it, and in add refrigerants to the list of automotive will issue a Notice of Acceptability for particular to determine what effect substitutes that are acceptable subject to the new refrigerant as soon as possible, using a new refrigerant will have on a use conditions described above without which will impose the requirements system warranty. Before choosing a new notice-and-comment rulemaking. Such described above. EPA will then update refrigerant, users should also consider action will occur in future Notices of a package of materials containing whether it is readily and widely Acceptability. If further restrictions are specifications for existing fittings. This available, and technicians should necessary for a specific refrigerant (for package will be provided to consider the cost of buying recovery/ example, if a substitute is found manufacturers of new refrigerants and recycling equipment for that refrigerant. unacceptable), EPA will still carry out others who request it, to lower the risk Additional questions about purchasing such action via notice-and-comment of duplicating fittings already in use. CFC–12 substitutes are addressed in rulemaking. However, EPA may choose If the fittings or the label color are not, EPA fact sheets titled: ‘‘Questions to to list the substitute as acceptable in fact, unique, EPA will issue a letter Ask Before You Purchase an Alternative subject to the use conditions listed to the manufacturer indicating that the Refrigerant’’ and ‘‘Choosing and Using above while proceeding with notice- submission is not complete. Because the Alternative Refrigerants for Motor and-comment rulemaking to impose submission is incomplete, the Vehicle Air Conditioning.’’ other restrictions. notification requirement has not been (1) All Refrigerants satisfied, and the 90-day clock does not (2) R–406A begin to run until the submitter repairs All refrigerants listed in future notices R–406A, which consists of HCFC–22, any identified defect and receives as being ‘‘acceptable subject to use HCFC–142b, and isobutane, is subsequent notification in a letter from conditions’’ as substitutes for CFC–12 in acceptable as a substitute for CFC–12 in EPA that the submission is complete. retrofitted and new motor vehicle air retrofitted and new motor vehicle air This prohibition does not require conditioners are subject to the use conditioners, subject to the use further rulemaking, because it derives conditions described above, in addition conditions applicable to motor vehicle from the notification requirements to the requirement that specifications air conditioning described above, in promulgated in the final SNAP rule of for the fittings similar to those found in addition to the requirement that March 18, 1994 (59 FR 13044). SAE J639 and samples of all fittings and retrofitting a CFC–12 MVAC system to EPA will take enforcement action for labels described above must be R–406A must include replacing non- any violation of these provisions, submitted to EPA at the same time as barrier hoses with barrier hoses. including (a) selling a substitute prior to the initial SNAP submission, or the Because HCFC–22 and HCFC–142b 90 days after receipt of a letter from EPA submission will be considered contribute to ozone depletion, and will certifying the completeness of a incomplete. Note: substitutes for which be phased out of domestic production in submission, (b) using a refrigerant submissions are incomplete may not be the future, this blend is considered a without changing the fittings, applying sold or used, regardless of other transitional alternative. Regulations a new label, and removing the original acceptability determinations, until 90 regarding recycling and reclamation CFC–12 charge, or (c) using a refrigerant days after receipt of a letter from EPA issued under section 609 of the Clean with fittings other than those designed notifying the submitter that the Air Act apply to this blend. HCFC–142b by the refrigerant manufacturer. The submission is complete. has one of the highest ODPs among the intent of these conditions is to minimize In the March 18, 1994 FRM (59 FR HCFCs. The GWPs of HCFC–22 and the likelihood of cross-contamination 13044), EPA established that the public HCFC–142b are somewhat high. and attendant damage to automotive air would be informed via a Notice when Although HCFC–142b and isobutane are conditioners and recycling equipment, substitutes are added to the acceptable flammable, the blend is not. After to reduce consumer confusion and in list. If EPA intended to place any significant leakage, however, this blend general to minimize the difficulty of the restrictions, including use conditions, may become weakly flammable. The transition away from CFC–12. on the use of a substitute, that manufacturer has performed a risk Furthermore, it is important to determination would require full notice- assessment that demonstrates that it can understand the meaning of ‘‘acceptable and-comment rulemaking. In this FRM, be used safely in this end-use. subject to use conditions.’’ EPA believes EPA modifies that approach for motor There is concern that HCFC–22 may such refrigerants, when used in vehicle air conditioning systems seep out of traditional hoses. Thus, at accordance with the conditions, are (MVACs). the manufacturer’s suggestion, EPA is safer on an overall basis for human As explained above, EPA is concerned imposing an additional condition that health and the environment than CFC– about potential cross-contamination barrier hoses must be used with R– Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 54035

406A. Note that there may also be HCFC–22 and less of the two flammable potential problem. HCFC Blend Xi is concern about the compatibility of components than R–406A, and therefore being sold under the trade names HCFC–22 with seals commonly found in should be at least as safe to use as R– ‘‘GHG–X4,’’ ‘‘Autofrost,’’ and ‘‘Chill-It, ‘‘ CFC–12 systems. Consult with the 406A. In addition, as discussed above in and HCFC Blend Omicron is being sold refrigerant manufacturer, the the R–406A section, the manufacturer under the trade names ‘‘Hot Shot’’ and manufacturer of the car, and service has performed a risk assessment that ‘‘Kar Kool.’’ personnel about this potential problem. demonstrates that R–406A can be used R–406A is sold under the trade names safely in this end-use. Finally, as stated (5) FREEZE 12 ‘‘GHG’’ and ‘‘McCool.’’ above, this blend contains even lower FREEZE 12, which consists of HCFC– The R–406A submission contained percentages of flammable components 142b and HFC–134a, is acceptable as a the first risk assessment that attempted than R–406A. substitute for CFC–12 in retrofitted and to quantify the additional risk posed by There is concern that HCFC–22 will new motor vehicle air conditioners, using a refrigerant that is nonflammable seep out of traditional hoses. Thus, at subject to the use conditions applicable but that may fractionate to a flammable the manufacturer’s suggestion, EPA is to motor vehicle air conditioning state. This assessment was performed by imposing an additional condition that described above. Because HCFC–142b a nationally known laboratory. Note that barrier hoses must be used with R– contributes to ozone depletion, and will R–406A is not flammable as blended, so 406A. Note that there may also be be phased out of domestic production in it poses zero flammability risk to service concern about the compatibility of the future, this blend is considered a technicians who charge it into a system, HCFC–22 with seals commonly found in transitional alternative. Regulations and to the vast majority of users and CFC–12 systems. Consult with the regarding recycling and reclamation subsequent technicians. Even when refrigerant manufacturer, the issued under section 609 of the Clean approximately 80% of the normal manufacturer of the car, and service Air Act apply to this blend. Its charge leaks out, the remaining personnel about this potential problem. production will be phased out according components are only marginally This blend is sold under the trade name to the accelerated schedule (published flammable. It is unlikely such large ‘‘GHG–HP.’’ 12/10/93, 58 FR 65018). The GWP of leakage would occur before servicing. (4) HCFC Blend Xi, HCFC Blend HFC–134a is 1300. This blend is After an 80% leak, a match brought near Omicron nonflammable, and leak testing has the leak will ignite the escaping vapors, demonstrated that the blend never but the flame will extinguish on its own HCFC Blend Xi and HCFC Blend becomes flammable. Although this when the match is withdrawn. Omicron, both of which consist of blend was not included in the original EPA did not receive any comments on HCFC–22, HCFC–124, HCFC–142b, and NPRM, this FRM establishes a new this risk assessment, which concluded isobutane, are acceptable as substitutes procedure whereby EPA will list new that an additional 0.018 injuries could for CFC–12 in retrofitted and new motor substitutes for CFC–12 in MVACs in occur per million vehicles annually. vehicle air conditioners, subject to the Notices, which do not require formal This value is extremely low. In addition, use conditions applicable to motor notice-and-comment rulemaking. This even assuming the assessment is in error vehicle air conditioning described blend was submitted to EPA between above, in addition to the requirement by a factor of 100, the resultant potential the NPRM and this final rule. It would that retrofitting a CFC–12 MVAC system for injury would be very low. be inconsistent to allow this blend to be to these blends must include replacing sold and used without adhering to the (3) HCFC Blend Lambda non-barrier hoses with barrier hoses. use conditions applied to all other HCFC Blend Lambda, which consists Because HCFC–22 and HCFC–142b MVAC alternative refrigerants while of HCFC–22, HCFC–142b, and contribute to ozone depletion, they will developing a Notice. Therefore, EPA is isobutane, is acceptable as a substitute be phased out of production. Therefore, including this blend in the FRM instead for CFC–12 in retrofitted and new motor these blends will be used primarily as of in a future Notice. vehicle air conditioners, subject to the retrofit refrigerants. However, these use conditions applicable to motor blends are acceptable for use in new B. Solvent Cleaning vehicle air conditioning described systems, subject to the same use above, in addition to requirement that conditions. Regulations regarding 1. Response to Public Comment retrofitting a CFC–12 MVAC system to recycling and reclamation issued under EPA received a number of comments this blend must include replacing non- section 609 of the Clean Air Act apply on the solvent cleaning decisions listed barrier hoses with barrier hoses. to these blends. HCFC–142b has one of in today’s Final Rule. One commenter Because HCFC–22 and HCFC–142b the highest ODPs among the HCFCs. stated that the EPA should set contribute to ozone depletion, they will The GWPs of HCFC–22 and HCFC–142b workplace standards such as the one be phased out of production. Therefore, are somewhat high. Although HCFC– proposed for HFC–4310mee based only this blend will be used primarily as a 142b and isobutane are flammable, these on toxicity and should not consider retrofit refrigerant. However, HCFC blends are not. In addition, testing on standards set by other regulatory bodies Blend Lambda is acceptable for use in these blends has shown that they do not such as the Occupational Safety and new systems, subject to the same use become flammable after leaks. EPA is Health Administration (OSHA). This conditions. Regulations regarding concerned that HCFC–22 will seep out approach would contradict the recycling and reclamation issued under of traditional hoses. Thus, EPA is precedent set through other SNAP section 609 of the Clean Air Act apply imposing an additional condition that listings, since the purpose of the SNAP to this blend. HCFC–142b has one of the barrier hoses must be used with HCFC program is to defer to the existing highest ODPs among the HCFCS. The Blend Xi and HCFC Blend Omicron. regulatory structure, not to replace or GWPs of HCFC–22 and HCFC–142b are Note that there may also be concern recreate it. somewhat high. Although HCFC–142b about the compatibility of HCFC–22 The Agency received conflicting and isobutane are flammable, the blend with seals commonly found in CFC–12 comments on the decision to list HFC– is not. After significant leakage, this systems. Consult with the refrigerant 4310mee and perfluoropolyethers blend may become weakly flammable. manufacturer, the manufacturer of the (PFPEs) as acceptable subject to However, this blend contains more car, and service personnel about this restrictions. Several commenters stated 54036 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations that these chemicals should not be significantly lower than for PFCs, which under 59 FR 13044 (March 18, 1994, at approved since other chemicals exist are other substitutes for ozone-depleting p. 13094) that offer the same performance without solvents. b. Precision Cleaning. (a) the global warming effects. Other HFC–4310mee does exhibit some Perfluoropolyethers. commenters claimed that although toxicity in tests reviewed by EPA, and Perfluoropolyethers are acceptable PFPEs were necessary for industrial causes central nervous system effects at substitutes for CFC–113 and MCF in the uses, they concurred with the decision relatively low levels. However, these precision cleaning sector for high to restrict their use based on global effects are reversible and cease once performance, precision-engineered warming concerns. In response, the chemical exposure is eliminated. applications only where reasonable Agency notes that the global warming Review under the SNAP program and efforts have been made to ascertain that potential of HFC–4310mee is the PMN program determined that a other alternatives are not technically significantly smaller than that of CFC– time-weighted average workplace feasible due to performance or safety 113 and that its toxicity can be readily exposure standard of 200 ppm and a requirements. These chemicals have managed through use of well-designed workplace exposure ceiling of 400 ppm global warming characteristics equipment. As a result, the Agency is would adequately protect of human comparable to the perfluorocarbons and, proceeding with the listing health and that companies could readily as a result, are subject to the same determination for HFC–4310mee as meet these exposure limits using the restrictions. A full discussion of the proposed. With respect to PFPEs, the types of equipment specified in the global warming concerns and related Agency concurs with commenters that product safety information provided by risk management decision can be found the global warming potential of these the chemical manufacturer. under 59 FR 13044 (March 18, 1994, at chemicals must be taken into account in These workplace standards are p. 13094) the listing decision and notes that the designed to protect worker safety until 4. Unacceptable listing decision restricts PFPEs to the Occupational Safety and Health narrowed uses only where no other a. Electronics Cleaning. (a) HCFC– Administration (OSHA) sets its own 141b. HCFC–141b is unacceptable as a alternative exists. standards under P.L. 91–596. The The Agency received more than 20 substitute for CFC–113 and MCF in existence of the EPA standards in no electronics cleaning under existing rules comments on the listing decision for way bars OSHA from standard-setting HCFC–141b. Four commenters (59 FR 13044; March 18, 1994); today’s under OSHA authorities as defined in requested an extension of the rule amends this unacceptability P.L. 91–596. permissible use period for HCFC–141b determination and lists existing uses of B. Precision Cleaning. (a) HFC– beyond January 1, 1997. The remaining HCFC–141b as acceptable in high- commenters either endorsed the one- 4310mee. HFC–4310mee is an performance electronics cleaning until year extension or opposed any acceptable substitute for CFC–113 and January 1, 1997. This determination extension outright. The comments did methyl chloroform in precision cleaning extends the use date for HCFC–141b in not provide the necessary technical subject to a 200 ppm time-weighted solvent cleaning, but only for existing information for EPA to evaluate the average workplace exposure standard users in high-performance electronics need for an extension, and the Agency, and a 400 ppm workplace exposure and only for one year. The extension as a result, initiated its own assessment ceiling. The reasoning behind this does not affect the production phaseout of the need for an extension. This determination is presented above in the date for HCFC–141b, which is January 1, analysis indicated that industry experts section on electronics cleaning. 2003. and the majority of solvent users These workplace standards are The extension should not be viewed themselves believed that a phaseout of designed to protect worker safety until as a reason to postpone replacement of 141b use in solvent cleaning was the Occupational Safety and Health 141b. Alternatives exist for nearly all possible by the end of 1996, and the Administration (OSHA) sets its own solvent cleaning applications of 141b, Agency is therefore proceeding with the standards under P.L. 91–596. The and the principal reason for the extension as it had been proposed. existence of the EPA standards in no extension is the long lead time way bars OSHA from standard-setting necessary to test, select, and implement 2. Acceptable Subject to Use Conditions under OSHA authorities as defined in a chosen substitute in high-performance a. Electronics Cleaning. (a) HFC– P.L. 91–596. applications where stringent 4310mee. HFC–4310mee is an qualifications testing is the norm. 3. Acceptable Subject to Narrowed Use acceptable substitute for CFC–113 and Existing regulations affect 141b in two Limits methyl chloroform (MCF) in electronics ways. Under the production phaseout cleaning subject to a 200 ppm time- a. Electronics Cleaning. (a) for ozone-depleting substances (ODS), weighted average workplace exposure Perfluoropolyethers. 141b has a phaseout date of January 1, standard and a 400 ppm workplace Perfluoropolyethers are acceptable 2003. This regulation, developed under exposure ceiling. HFC–4310mee is a substitutes for CFC–113 and MCF in the section 604 of the Clean Air Act (CAA), new chemical that completed review electronics cleaning sector for high states that chemical manufacturers will last year by EPA’s Premanufacture performance, precision-engineered no longer be allowed to manufacture Notice Program under the Toxic applications only where reasonable 141b as of that date (40 CFR Part 82, Substances Control Act. This chemical efforts have been made to ascertain that Subpart G, Appendix A). HCFC–141b is does not deplete the ozone layer since other alternatives are not technically also subject to a number of use it does not contain chlorine or bromine. feasible due to performance or safety restrictions relevant to solvent cleaning It does have some potential to requirements. These chemicals have operations. According to regulations contribute to global warming since its global warming characteristics developed under section 612 of the 100-year Global Warming Potential comparable to the perfluorocarbons and, CAA—the SNAP program—the only (GWP) is 1600 and it has a 20.8 year as a result, are subject to the same companies allowed to use 141b in lifetime. However, the GWP and lifetime restrictions. A full discussion of the solvent cleaning equipment are existing for HFC–4310 are both lower than the global warming concerns and related users. Existing users were defined in the GWP and lifetime for CFC–113 and risk management decision can be found March 1994 determination as companies Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 54037 who had 141b-based solvent cleaning differences exist in the choice of 141b users regarding the impending use equipment in place as of April 18, 1994. alternatives. To minimize the restrictions on this HCFC. No new substitutions into 141b for paperwork burden, no reporting is b. Precision Cleaning. (a) HCFC–141b. solvent cleaning were permitted, and required for companies that qualify for HCFC–141b is unacceptable as a even existing users could use 141b only an extension. substitute for CFC–113 and MCF in until January 1, 1996. This use ban date The extension is not an excuse to precision cleaning under existing rules for existing users is the subject of the delay selecting an alternative. The (59 FR 13044; March 18, 1994); today’s extension in today’s final rule. HCFCs, principal reason for extending the rule amends this unacceptability including 141b, are also covered by permissible period of use for 141b in determination and lists existing uses of other use restrictions such as the these narrowed applications is not that HCFC–141b as acceptable in precision nonessential ban (section 610) and alternatives do not exist, but that users cleaning until January 1, 1997. This labeling (section 611). The 610 and 611 need more time to qualify and determination extends the use date for regulations are not discussed here. If implement alternatives. Even with the HCFC–141b in solvent cleaning, but you need more information about these extension, uses of 141b in the specified only for existing users in precision regulations, call the Stratospheric Ozone applications will only be permitted for cleaning and only for one year. The Protection Hotline at 1–800–296–1996. another 12 months beyond the current extension does not affect the production Many users and vendors of 141b have use ban date. This additional time can phaseout date for HCFC–141b, which is requested that the Agency postpone the only be used productively if users begin January 1, 2003. effective date of the use ban under now to select, test, order equipment and For a full discussion of the rationale SNAP for solvent cleaning beyond materials, etc. for extension, please see the previous January 1, 1996. In response to these The search for alternatives should section on electronics cleaning. This petitions, EPA is offering a one-year use include not just aqueous and semi- discussion applies in-full to precision extension. Note, however, that the only aqueous alternatives, but also recently cleaning, which for purposes of this change is that existing uses in high- developed cleaning chemicals and extension is defined to include cleaning performance electronics cleaning would technologies. Information on vendors of of devices of high-value added, be permitted for an additional year until substitutes is available from the precision-engineered parts such as January 1, 1997. (Precision cleaning Stratospheric Ozone Protection Hotline. precision ball bearings for navigational uses are also extended in today’s Call 1–800–296–1996 and ask for the devices, or other components for rulemaking, but are listed in the next Vendor List for Precision Cleaning. In aerospace, medical or medical uses. section.) ‘‘High-performance addition, EPA has more detailed electronics’’ would include high-value information available on topics such as C. Aerosols added electronic components for retrofitting 141b degreasers to use HFCS 1. Response to Public Comment aerospace, military, or medical or on cleaning of medical devices. applications such as hybrid circuits or Users and vendors of HCFC–141b had Several commenters stated that other electronics for missile guidance asked the Agency to extend the perfluorocarbons and systems. The existing policy of no new permissible use date beyond January 1, perfluoropolyethers should not be substitutions into 141b is maintained 1997. In its analysis of the extension for approved since other chemicals exist and uses of 141b in metals cleaning and 1996, the Agency gave serious that offer the same performance without basic electronics cleaning are all consideration to the need for additional the global warming effects. The Agency expected to have ended as of January 1, time for HCFC–141b use. However, concurs with commenters that the 1996. These banned applications public comments on the rule and the global warming potential of these include cleaning of basic, formed metal Agency’s own analysis strongly chemicals must be taken into account in parts and high-volume electronics indicated that many alternatives are the listing decision. However, the cleaning such as components for now available that could meet the Agency believes that the need to consumer electronics. performance needs of all current HCFC– provide a CFC solvent alternative that An important distinction is that 141b users. Many of the users had been offers both non-flammability and low ‘‘solvent cleaning’’ in the SNAP waiting for the introduction of a toxicity supports the Agency’s SNAP program is defined to cover particular class of specialty chemicals, decision on PFCs and PFPEs for replacements of ODS in industrial the hydrofluoroethers, which was aerosols. The newer solvents mentioned cleaning, either in vapor degreasing or originally planned for 1997. The in the comments offer significant cold cleaning. It does not include accelerated introduction of these commerical promise, but testing to aerosol applications, which are covered chemicals, combined with the determine their full ability to substitute separately under the SNAP program. It availability of other cleaning for CFCs and MCF has not yet been also does not include other solvent alternatives such as aqueous processes, completed. As a result, the Agency is cleaning uses of OZONE-DEPLETING HFC–4310, HCFC–225, isopropyl proceeding with the listing decision for SUBSTANCES (ODS) such as in textile alcohol in explosion-proof equipment, PFCs and PFPEs as a narrowed use as cleaning, dry cleaning, flushing of volatile methyl siloxanes, and proposed. oxygen systems or automotive air innovative uses of carbon dioxide and 2. Acceptable Subject to Narrowed Use conditioning systems, or hand wiping. supercritical fluids, means that 141b Limits This means, for instance, that the use users now have a multitude of options ban date does not apply to 141b used for to choose from. a. Solvents. (a) Perfluorocarbons. hand wiping. However, users should The Agency also considered the Perfluorocarbons (PFCs) are acceptable understand that although these uses are possibility that further lead time was substitutes for CFC–113 and MCF for not currently governed by the SNAP needed to qualify the new alternatives, aerosol applications only where program, responsible corporate policy but again, the Agency’s own analysis reasonable efforts have been made to would be to implement alternatives to and the comments received on the ascertain that other alternatives are not ODS where possible. Additionally, proposed one-year extension for 1996 technically feasible due to performance SNAP reserves the right to regulate any demonstrated that the Agency had or safety requirements. EPA is use where significant environmental provided sufficient notice to HCFC– permitting the use of PFCs in aerosols 54038 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations applications despite their global were approved under the SNAP $100 million or more in any one year. warming potential since so few program as substitute propellants in Section 203 requires the Agency to nontoxic, nonflammable solvents exist March 1994. establish a plan for obtaining input from and this sector presents a high and informing any small governments 4. Amendment to List of Substances probability of worker exposure and that may be significantly or uniquely Being Replaced safety risks. PFCs are already subject to affected by the rule. Section 205 similar restrictions in the solvents EPA today is adding CFC–12 and requires that regulatory alternatives be cleaning sector due to global warming CFC–114 to the list of aerosol considered before promulgating a rule concerns (59 FR 13044, March 18, propellants being replaced by for which a budgetary impact statement 1994). This decision will allow users to substitutes reviewed under SNAP. This is prepared. The Agency must select the select PFCs in the event of performance will ensure that companies replacing least costly, most cost-effective, or least or safety concerns while guarding these CFCS in their products will be burdensome alternative that achieves against widespread, unnecessary use of able to adhere to SNAP rulings in the the rule’s objectives, unless there is an these potent greenhouse gases. replacement process. The explanation why this alternative is not (b) Perfluoropolyethers. environmental trade-offs associated selected or this alternative is Perfluoropolyethers (PFPEs) are with replacing CFC–12 and CFC–114 inconsistent with law. acceptable substitutes for CFC–113 and versus CFC–11 do not change Because this rule is estimated to result MCF for aerosol applications only significantly, since the ODPs for all the in the expenditure by State, local, and where reasonable efforts have been CFCs are roughly the same. tribal governments or the private sector made to ascertain that other alternatives of less than $100 million in any one are not technically feasible due to IV. Administrative Requirements year, the Agency has not prepared a performance or safety requirements. A. Executive Order 12866 budgetary impact statement or EPA is permitting the use of specifically addressed the selection of perfluoropolyethers in aerosols Under Executive Order 12866 (58 FR the least costly, most cost-effective, or applications despite their global 51735; October 4, 1993), the Agency least burdensome alternative. Because warming potential since so few must determine whether the regulatory small governments will not be nontoxic, nonflammable solvents exist action is ‘‘significant’’ and therefore significantly or uniquely affected by this and this sector presents a high subject to OMB review and the rule, the Agency is not required to probability of worker exposure and requirements of the Executive Order. develop a plan with regard to small safety risks. PFCs, which have global The Order defines ‘‘significant governments. warming potentials comparable to the regulatory action’’ as one that is likely C. Regulatory Flexibility Act PFPEs, are already subject to similar to result in a rule that may: (1) have an restrictions in the solvents cleaning annual effect on the economy of $100 EPA has determined that it is not sector due to global warming concerns million or more or adversely affect in a necessary to prepare a regulatory (59 FR 13044, March 18, 1994). This material way the economy, a sector of flexibility analysis in connection with decision will allow users to select the economy, productivity, competition, this final rule. Because costs of the perfluoropolyethers in the event of jobs, the environment, public health or SNAP requirements as a whole are performance or safety concerns while safety, or State, local, or tribal expected to be minor, it is unlikely to guarding against widespread, governments or communities; (2) create adversely affect small businesses. In unnecessary use of these potent a serious inconsistency or otherwise fact, to the extent that information greenhouse gases. interfere with an action taken or gathering is more expensive and time- planned by another agency; (3) consuming for small companies, this 3. Unacceptable materially alter the budgetary impact of rule may well provide benefits for small a. Propellants. (a) SF6. SF6 is an entitlement, grants, user fees, or loan businesses anxious to examine potential unacceptable substitute for CFC–11, programs or the rights and obligations of substitutes to any ozone-depleting class CFC–12, HCFC–22 and HCFC–142b in recipients thereof; or (4) raise novel I and class II substances they may be aerosol applications. This chemical has legal or policy issues arising out of legal using, by requiring manufacturers to been of commercial interest as a mandates, the President’s priorities, or make information on such substitutes compressed gas propellant substitute for the principles set forth in the Executive available. ozone-depleting propellants. However, Order.’’ it has an atmospheric lifetime of 3,200 Pursuant to the terms of Executive D. Paperwork Reduction Act years and a 100-year global warming Order 12866, OMB notified EPA that it The information collection potential (GWP) of 24,900. CFC–11, in considers this a ‘‘significant regulatory requirements in this rule have been contrast, has a lifetime of 50 years and action’’ within the meaning of the approved by the Office of Management a GWP of 4,000. Formulators have Executive Order, and EPA submitted and Budget (OMB) under the Paperwork indicated to EPA that compressed gases this action to OMB for review. Changes Reduction Act, 44 U.S.C. 3501 et seq. such as C02 would work equally well to made in response to OMB suggestions or An Information Collection Request (ICR) replace use of CFC–11 and other ozone- recommendations have been document has been prepared by EPA. depleting propellants and could be documented in the public record. The OMB Control Number is 2060– formulated at similar or lower cost. C0 0350. A copy may be obtained from 2 B. Unfunded Mandates Act has a GWP of 1. C02 and other Sandy Farmer, OPPE Regulatory compressed gases such as nitrous oxide Section 202 of the Unfunded Information Division; U.S. are already commercially popular due to Mandates Reform Act of 1995 requires Environmental Protection Agency low flammability and price and have EPA to prepare a budgetary impact (2136); 401 M St., S.W.; Washington, DC have been used extensively since the statement before promulgating a rule 20460 or by calling (202) 260–2740. The phaseout of CFCs in aerosols in 1978 in that includes a Federal mandate that reasons for these information a wide variety of products such as spray may result in expenditure by state, requirements are explained in the pesticides, canned whipped cream, and local, and tribal governments, in section on automobile air conditioning cleaning products. Compressed gases aggregate, or by the private sector, of (III.A.2.a). The requirements became Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 54039 mandatory under section 612 of the unless it displays a currently valid OMB (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, Clean Air Act when the ICR was control number. The OMB control 1971–1975 Comp. p. 973; 42 U.S.C. 241, approved by OMB on September 11, numbers for EPA’s regulations are listed 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 1996. The ICR was previously subject to in 40 CFR Part 9 and 48 CFR Chapter 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, public notice and comment prior to 15. 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., OMB approval. EPA, therefore finds 6901–6992k, 7401–7671q, 7542, 9601–9657, ‘‘good cause’’ under section 553(b)(B) of V. Submission to Congress and the 11023, 11048. General Accounting Office the Administrative Procedure Act (5 b. Section 9.1 is amended by adding U.S.C. 553(b)(B)) to amend this table Under 5 U.S.C. 801(a)(1)(A) as added a new entry to the table under the without prior notice and comment. Due by the Small Business Regulatory indicated heading to read as follows: to the technical nature of the table, Enforcement Fairness Act of 1996, EPA further notice and comment would be submitted a report containing this rule § 9.1 OMB approvals under the Paperwork unnecessary. For the same reasons, EPA and other required information to the Reduction Act. also finds that there is good cause under U.S. Senate, the U.S. House of * * * * * 5 U.S. C. 553(d)(3). Accordingly, EPA is Representatives and the Comptroller amending the table of currently General of the General Accounting 40 CFR citation OMB con- approved information collection request Office prior to publication of the rule in trol No. (ICR) control numbers issued by OMB. today’s Federal Register. This rule is This amendment updates the table to not a ‘‘major rule’’ as defined by 5 accurately display those information U.S.C. 804(2). ***** requirements contained in this final Protection of Stratospheric VI. Additional Information Ozone rule. This display of the OMB control 82.180 ...... 2060±0350 number and its subsequent codification For copies of the comprehensive SNAP lists or additional information on in the Code of Federal Regulations ***** satisfies the requirements of the SNAP please contact the Stratospheric Paperwork Reduction Act (44 U.S.C. Protection Hotline at 1–800–296–1996, 3501 et seq.) and OMB’s implementing Monday-Friday, between the hours of PART 82ÐPROTECTION OF regulations at 5 CFR 1320. EPA is 10:00 a.m. and 4:00 p.m. (EST). STRATOSPHERIC OZONE applying the information requirements For more information on the Agency’s described above to this rulemaking, process for administering the SNAP 1. The authority citation for part 82 previous SNAP rulemakings, and future program or criteria for evaluation of continues to read as follows: SNAP rulemakings. Accordingly, these substitutes, refer to the SNAP final Authority: 42 U.S.C. Sec. 7414, 7601, paperwork requirements shall apply to rulemaking published in the Federal 7671–7671q. SNAP decisions described in rules Register on March 18, 1994 (59 FR published on June 13, 1995 (60 FR 13044). Federal Register publications 2. Section 82.180 is amended by 31092) and May 22, 1996 (61 FR 25585), can be ordered from the Government revising paragraph (a)(8)(ii) to read as in addition to this rule. Printing Office Order Desk (202) 783– follows: EPA estimates that the burden of 3238; the citation is the date of § 82.180 Agency review of SNAP learning about the requirements will be publication. All SNAP-related NPRMS, submissions. approximately ten minutes, and that FRMs, and Notices may also be filling out each required label itself will retrieved from EPA’s Ozone Depletion (a) * * * take approximately five minutes. World Wide Web site, at http:// (8) * * * Burden means the total time, effort, or www.epa.gov/docs/ozone/title6/snap/. financial resources expended by persons (ii) Communication of Decision to the to generate, maintain, retain, or disclose List of Subjects Public. The Agency will publish in the or provide information to or for a 40 CFR Part 9 Federal Register periodic updates to the Federal agency. This includes the time list of the acceptable and unacceptable Reporting and recordkeeping alternatives that have been reviewed to needed to review instructions; develop, requirements. acquire, install, and utilize technology date. In the case of substitutes proposed and systems for the purposes of 40 CFR Part 82 as acceptable with use restrictions, collecting, validating, and verifying proposed as unacceptable or proposed Environmental protection, for removal from either list, a information, processing and Administrative practice and procedure, maintaining information, and disclosing rulemaking process will ensue. Upon Air pollution control, Reporting and completion of such rulemaking, EPA and providing information; adjust the recordkeeping requirements. existing ways to comply with any will publish revised lists of substitutes previously applicable instructions and Dated: October 8, 1996. acceptable subject to use conditions or requirements; train personnel to be able Carol M. Browner, narrowed use limits and unacceptable to respond to a collection of Administrator. substitutes to be incorporated into the information; search data sources; For the reasons set out in the Code of Federal Regulations. (See complete and review the collection of preamble, 40 CFR parts 9 and 82 are Appendices to this subpart.) information; and transmit or otherwise amended as follows: * * * * * disclose the information. EPA estimates 1. In part 9: 3. Subpart G is amended by adding the capital costs associated with the a. The authority citation for part 9 the following Appendix D to read as design, printing, and distribution of continues to read as follows: follows: labels to be $500,000 per year. Refer to Authority: 7 U.S.C. 135 et seq., 136–136y; EPA ICR 1774.01 for further details. 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; Subpart GÐSignificant New An Agency may not conduct or 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 Alternatives Policy Program sponsor, and a person is not required to U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, respond to a collection of information 1321, 1326, 1330, 1342, 1344, 1345 (d) and * * * * * 54040 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations

Appendix D to Subpart G—Substitutes designed by the manufacturer of the with a device attached with a thread Subject to Use Restrictions and refrigerant. The manufacturer is lock adhesive and/or a separate Unacceptable Substitutes responsible to ensure that the fittings mechanical latching mechanism in a meet all of the requirements listed manner that prevents the device from Summary of Decisions below, including testing according to being removed. Refrigeration and Air Conditioning SAE standards. These fittings must be 2. When a retrofit is performed, a Sector Acceptable Subject to Use designed to mechanically prevent cross- label must be used as follows: Conditions charging with another refrigerant, a. The person conducting the retrofit R–406A/‘‘GHG’’/‘‘McCool’’, ‘‘GHG– including CFC–12. must apply a label to the air The fittings must be used on all HP’’, ‘‘GHG–X4’’/‘‘Autofrost’’/‘‘Chill-It’’, conditioning system in the engine containers of the refrigerant, on can and ‘‘Hot Shot’’/‘‘Kar Kool’’ are compartment that contains the taps, on recovery, recycling, and acceptable substitutes for CFC–12 in following information: charging equipment, and on all air retrofitted motor vehicle air i. The name and address of the conditioning system service ports. A conditioning systems (MVACs) subject technician and the company performing refrigerant may only be used with the the retrofit. to the use condition that a retrofit to fittings and can taps specifically these refrigerants must include intended for that refrigerant and ii. The date of the retrofit. replacing non-barrier hoses with barrier designed by the manufacturer of the iii. The trade name, charge amount, hoses. refrigerant. Using a refrigerant with a and, when applicable, the ASHRAE For all refrigerants submitted for use fitting designed by anyone else, even if refrigerant numerical designation of the in motor vehicle air conditioning it is different from fittings used with refrigerant. systems, subsequent to the effective date other refrigerants, is a violation of this iv. The type, manufacturer, and of this FRM, in addition to the use condition. Using an adapter or amount of lubricant used. information previously required in the deliberately modifying a fitting to use a v. If the refrigerant is or contains an March 18, 1994 final SNAP rule (58 FR different refrigerant is a violation of this ozone-depleting substance, the phrase 13044), SNAP submissions must use condition. ‘‘ozone depleter’’. include specifications for the fittings Fittings shall meet the following vi. If the refrigerant displays similar to those found in SAE J639, criteria, derived from Society of flammability limits as measured samples of all fittings, and the detailed Automotive Engineers (SAE) standards according to ASTM E681, the statement label described below at the same time and recommended practices: ‘‘This refrigerant is FLAMMABLE. Take as the initial SNAP submission, or the a. When existing CFC–12 service ports appropriate precautions.’’ submission will be considered are retrofitted, conversion assemblies b. The label must be large enough to incomplete. Under section 612 of the shall attach to the CFC–12 fitting with be easily read and must be permanent. Clean Air Act, substitutes for which a thread lock adhesive and/or a separate c. The background color must be submissions are incomplete may not be mechanical latching mechanism in a unique to the refrigerant. sold or used, regardless of other manner that permanently prevents the d. The label must be affixed to the acceptability determinations, and the assembly from being removed. system over information related to the prohibition against sale of a new b. All conversion assemblies and new previous refrigerant, in a location not refrigerant will not end until 90 days service ports must satisfy the vibration after EPA determines the submission is testing requirements of section 3.2.1 or normally replaced during vehicle repair. complete. 3.2.2 of SAE J1660, as applicable, e. In accordance with SAE J639, In addition, the use of a) R–406A/ excluding references to SAE J639 and testing of labels must meet ANSI/UL ‘‘GHG’’/‘‘McCool’’, ‘‘GHG–HP’’, ‘‘GHG– SAE J2064, which are specific to HFC– 969–1991. X4/‘‘Autofrost’’/‘‘Chill-It’’, ‘‘Hot Shot’’/ 134a. f. Information on the previous ‘‘Kar Kool’’, and ‘‘FREEZE 12’’ as CFC– c. In order to prevent discharge of refrigerant that cannot be covered by the 12 substitutes in MVACs, and b) all refrigerant to the atmosphere, systems new label must be rendered refrigerants submitted for, and listed in, shall have a device to limit compressor permanently unreadable. subsequent Notices of Acceptability as operation before the pressure relief 3. No substitute refrigerant may be substitutes for CFC–12 in MVACs, must device will vent refrigerant. used to ‘‘top-off’’ a system that uses meet the following conditions: d. All CFC–12 service ports not another refrigerant. The original 1. Each refrigerant may only be retrofitted with conversion assemblies refrigerant must be recovered in used with a set of fittings that is shall be rendered permanently accordance with regulations issued unique to that refrigerant. These fittings incompatible for use with CFC–12 under section 609 of the CAA prior to (male or female, as appropriate) must be related service equipment by fitting charging with a substitute.

SOLVENT CLEANING SECTOR [Acceptable Subject to Use Conditions Substitutes]

Application Substitute Decision Conditions Comments

Electronics Cleaning w/CFC± HFC±4310mee ...... Acceptable ...... Subject to a 200 ppm time-weighted aver- 113 and MCF. age workplace exposure standard and a 400 ppm workplace exposure ceiling. Precision Cleaning w/CFC± HFC±4310mee ...... Acceptable ...... Subject to a 200 ppm time-weighted aver- 113 and MCF. age workplace exposure standard and a 400 ppm workplace exposure ceiling. Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 54041

SOLVENT SECTOR [Acceptable Subject to Narrowed Use Limits]

Application Substitute Decision Comments

Electronics Cleaning w/ CFC± Perfluoropolyethers ...... Perfluoropolyethers are acceptable substitutes PFPEs have similar global 113 and MCF. for CFC±113 and MCF in the precision warming profile to the PFCs, cleaning sector for high performance, preci- and the SNAP decision on sion-engineered applications only where PFPEs parallels that for reasonable efforts have been made to as- PFCs. certain that other alternatives are not tech- nically feasible due to performance or safety requirements. Precision Cleaning w/ CFC±113 Perfluoropolyethers ...... Perfluoropolyethers are acceptable substitutes PFPEs have similar global and MCF. for CFC±113 and MCF in the precision warming profile to the PFCs, cleaning sector for high performance, preci- and the SNAP decision on sion-engineered applications only where PFPEs parallels that for reasonable efforts have been made to as- PFCs. certain that other alternatives are not tech- nically feasible due to performance or safety requirements.

Unacceptable Substitutes

End-use Substitute Decision Comments

Electronics Cleaning w/ CFC±113 and HCFC±141b ...... Extension of existing unacceptability This determination extends the use MCF. determination to grant existing uses date for HCFC±141b in solvent in high-performance electronics per- cleaning, but only for existing users mission to continue until January 1, in high-performance electronics and 1997. only for one year. Precision Cleaning w/ CFC±113 and HCFC±141b ...... Extension of existing unacceptability This determination extends the use MCF. determination to grant existing uses date for HCFC±141b in solvent in precision cleaning permission to cleaning, but only for existing users continue until January 1, 1997. in precision cleaning and only for one year.

AEROSOLS SECTOR Acceptable Subject to Narrowed Use Limits

Application Substitute Decision Comments

CFC±113, MCF, and HCFC± Perfluorocarbons ...... Perfluorocarbons are acceptable substitutes for PFCs have extremely long at- 141b as aerosol solvents. aerosol applications only where reasonable mospheric lifetimes and high efforts have been made to ascertain that Global Warming Potentials. other alternatives are not technically feasible This decision reflects these due to performance or safety requirements. concerns and is patterned after the SNAP decision on PFCs in the solvent cleaning sector. Perfluoropolyethers ...... Perfluorocarbons are acceptable substitutes for PFPEs have similar global aerosol applications only where reasonable warming profile to the PFCs, efforts have been made to ascertain that and the SNAP decision on other alternatives are not technically feasible PFPEs parallels that for PFCs due to performance or safety requirements. in the solvent cleaning sector.

Unacceptable Substitutes

End-use Substitute Decision Comments

CFC±11, CFC±12, HCFC±22, and HCFC±142b SF6 ...... Unacceptable ...... SF6 has the highest GWP of all industrial gases, as aerosol propellants. and other compressed gases meet user needs in this application equally well.

[FR Doc. 96–26447 Filed 10–15–96; 8:45 am] BILLING CODE 6560±50±P federal register October 16,1996 Wednesday Condors inNorthernArizona;FinalRule Experimental PopulationofCalifornia Plants: EstablishmentofaNonessential Endangered andThreatenedWildlife 50 CFRPart17 Fish andWildlifeService Interior Department ofthe Part VII 54043 54044 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations

DEPARTMENT OF THE INTERIOR enables the Service to designate certain shoot, wound, trap, capture, or collect, populations of federally listed species or attempt to engage in any such Fish and Wildlife Service that are released into the wild as conduct. However, in accordance with ‘‘experimental.’’ The circumstances this special rule issued under section 50 CFR Part 17 under which this designation can be 10(j), throughout the entire California RIN 1018±AD62 applied are: (1) The population is condor experimental population area, geographically disjunct from you will not be in violation of the Act Endangered and Threatened Wildlife nonexperimental populations of the if you unavoidably and unintentionally and Plants: Establishment of a same species (e.g., the population is take (including killing or injuring) a Nonessential Experimental Population reintroduced outside the species’ California condor, provided such take is of California Condors in Northern current range but within its probable non-negligent and incidental to a lawful Arizona historic range); and (2) the Service activity, such as hunting, driving, or determines the release will further the recreational activities, and you report AGENCY: Fish and Wildlife Service, conservation of the species. This the take as soon as possible. Interior. designation can increase the Service’s Individual animals that comprise a ACTION: Final rule. flexibility to manage a reintroduced designated experimental population population, because under section 10(j) may be removed from an existing source SUMMARY: The U.S. Fish and Wildlife an experimental population is treated, or donor population only after it has Service (Service), in cooperation with in certain instances, as a threatened been determined that such a removal is the Arizona Game and Fish Department, species regardless of its designation not likely to jeopardize the continued and the U.S. Bureau of Land elsewhere in its range, and under existence of the species; the removal Management, plans to reintroduce section 4(d) of the Act, the Service has must be conducted under an existing California condors (Gymnogyps greater discretion in developing permit issued in accordance with the californianus) into northern Arizona/ management programs for threatened requirements of 50 CFR 17.22. The southern Utah and to designate these species than it has for endangered Service evaluated this project under birds as a nonessential experimental species. section 7 of the Act in a biological population under the Endangered Section 10(j) of the Act requires that evaluation and concurrence Species Act. This reintroduction will when an experimental population is memorandum dated August 19, 1996; achieve a primary recovery goal for this designated, the Service determine the Service determined that the removal endangered species, the establishment whether that population is either of birds from captive flocks and of a second non-captive population, essential or nonessential to the establishing a second wild flock would spatially disjunct from the non-captive continued existence of the species, not jeopardize the continued existence population in southern California. This based on the best available information. of this species. California condor reintroduction does Nonessential experimental populations 2. Biological not conflict with existing or anticipated located outside National Wildlife Refuge Federal or State agency actions or System or National Park System lands The California Condor (Gymnogyps current and future land, water, or air are treated, for the purposes of section californianus) was listed as endangered uses on public or private lands. 7 of the Act, as if they are proposed for on March 11, 1967, in a final rule published by the Service (32 FR 4001). EFFECTIVE DATE: This rule becomes listing. Thus, for nonessential effective on October 16, 1996. experimental populations, only two The Service designated critical habitat provisions of section 7 would apply for the California condor in California, ADDRESSES: The complete file for this outside National Wildlife Refuge System on September 24, 1976 (41 FR 41914). rule is available for public inspection, and National Park System lands; section Long recognized as a vanishing species by appointment, during normal business 7(a)(1), which requires all Federal (Cooper 1890, Koford 1953, Wilbur hours at the following Service offices: agencies to use their authorities to 1978), the California condor remains —Field Supervisor, U.S. Fish and conserve listed species, and section one of the world’s rarest and most Wildlife Service, Ecological Services, 7(a)(4), which requires Federal agencies imperiled vertebrate species. Arizona Field Office, 2321 W. Royal to informally confer with the Service on The California condor is a member of Palm Road, Suite 103, Phoenix, actions that are likely to jeopardize the the family Cathartidae, the New World Arizona 85021; Telephone: (602) 640– continued existence of a proposed vultures, a family of seven species, 2720; Facsimile: (602) 640–2730. species. Section 7(a)(2) of the Act, including the closely related Andean —Field Supervisor, U.S. Fish and which requires Federal agencies to condor (Vultur gryphus) and the Wildlife Service, Ecological Services, ensure that their activities are not likely sympatric turkey vulture (Cathartes Ventura Field Office, 2493 Portola to jeopardize the continued existence of aura). California condors are among the Road, Suite B, Ventura, California a listed species, would not apply except largest flying birds in the world (U.S. 93003; Telephone: (805) 644–1766; on National Wildlife Refuge System and Fish and Wildlife Service 1996). Adults Facsimile: (805) 644–3958. National Park System lands. weigh approximately 10 kilograms (22 FOR FURTHER INFORMATION CONTACT: Experimental populations determined to pounds) and have a wing span up to 2.9 Mr. Bruce Palmer (602/640–2720) at the be ‘‘essential’’ to the survival of the meters (91⁄2 feet (ft)). Adults are black Arizona Field Office address or Robert species would remain subject to the except for prominent white underwing Mesta (805/644–1766) at the Ventura consultation provisions of section 7 of linings and edges of the upper Field Office address above. the Act. Activities undertaken on secondary coverts. The head and neck private lands are not affected by section are mostly naked, and the bare skin is SUPPLEMENTARY INFORMATION: 7 of the Act unless the activities are gray, grading into various shades of Background authorized, funded, or carried out by a yellow, red, and orange. Males and Federal agency. females cannot be distinguished by size 1. Legislative Section 9 of the Act prohibits the take or plumage characteristics. The heads of Section 10(j) of the Endangered of a listed species. ‘‘Take’’ is defined by juveniles up to 3 years old are grayish- Species Act of 1973, as amended (Act) the Act as harass, harm, pursue, hunt, black, and their wing linings are Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 54045 variously mottled or completely dark. to 3 months of age, condor chicks leave mule deer (Odocoileus hemionus), tule During the third year the head develops the nest cavity but remain in the elk (Cervus elaogus nannoides), yellow coloration, and the wing linings vicinity of the nest where they are fed pronghorn antelope (Antilocapra become gradually whiter (N.J. Schmitt by their parents. The chick takes its first americana), and smaller mammals. in litt. 1995). By the time individuals are flight at about 6 to 7 months of age, but Along the Pacific shore the diet may 5 or 6 years of age, they are essentially may not become fully independent of its have included whales, sea lions, and indistinguishable from adults (Koford parents until the following year. Parent other marine species (Emslie 1987, U.S. 1953, Wilbur 1975, Snyder et al. 1987), birds occasionally continue to feed a Fish and Wildlife Service 1984). Koford but full development of the adult wing fledgling even after it has begun to make (1953) listed observations of California patterns may not be completed until 7 longer flights to foraging grounds (U.S. condors feeding on 24 different or 8 years of age (N.J. Schmitt in litt. Fish and Wildlife Service 1996). mammalian species within the last two 1995). Because of the long period of parental centuries. He estimated that 95 percent The fossil record of the genus care, it was formerly assumed that of the diet consisted of the carcasses of Gymnogyps dates back about 100,000 successful California condor pairs cattle, domestic sheep, California years to the Middle Pleistocene Epoch normally nested successfully every ground squirrels (Spermophilus (Brodkorb 1964). Fossil records also other year (Koford 1953). However, this beechyi), mule deer, and horses. reveal that the species once ranged over pattern seems to vary, possibly Although cattle may be the most much of the southern United States, depending mostly on the time of year available food within the range of the south to Nuevo Leon, Mexico, and east that the nestling fledges. If a nestling condor, deer appear to be preferred to Florida (Brodkorb 1964). Two well fledges relatively early (in late summer (Koford 1953, Wilbur 1972, Meretsky preserved fossil bones were reported or early fall), its parents may nest again and Snyder 1992). California condors from a site in upstate New York in the following year, but late fledging appear to feed only 1 to 3 days per (Steadman and Miller 1987). Evidence probably inhibits nesting in the week, but the frequency of adult feeding indicates that California condors nested following year (Snyder and Snyder is variable and may show seasonal in west Texas, Arizona, and New 1989). differences (U.S. Fish and Wildlife Mexico during the Late Pleistocene. The The only wild California condor (a Service 1996). disappearance of the California condor male) of known age that bred Depending upon weather conditions from much of this range occurred about successfully in the wild in 1986 was 6 and the hunger of the bird, a California 10,000–11,000 years ago, coinciding years old. Recent data collected from condor may spend most of its time with the late Pleistocene extinction of captive birds, however, demonstrates perched at a roost. California condors the North American megafauna (Emslie that reproduction may occur, or at least often use traditional roosting sites near 1987). be attempted, at earlier ages. A 4 year important foraging grounds (U.S. Fish By the time European man arrived in old male was the youngest condor and Wildlife Service 1984). Although western North America, California observed in courtship display, and the California condors usually remain at condors occurred in a narrow Pacific same bird subsequently bred roosts until mid-morning, and generally coastal strip from British Columbia, successfully at the age of 5 years (M. return in mid- to late afternoon, it is not Canada, to Baja California Norte, Mexico Wallace, Los Angeles Zoo, in litt. 1993). unusual for a bird to stay perched (Koford 1953, Wilbur 1978). California California condors nest in various types throughout the day. While at a roost, condors were observed until the mid- of rock formations including crevices, condors devote considerable time to 1800’s in the northern portion of the overhung ledges, potholes, and more preening and other maintenance Pacific Coast region (Columbia River rarely, in cavities of giant sequoia trees activities. Roosts may also serve some Gorge) and until the early 1930’s in the (Sequoia giganteus) (Snyder et al. 1986). social function, as it is common for two southern extreme, northern Baja California condors are opportunistic or more condors to roost together and to California (Koford 1953, Wilbur 1973, scavengers, feeding only on carcasses. leave a roost together (U.S. Fish and Wilbur and Kiff 1980). There is Typical foraging behavior includes long- Wildlife Service 1984). Cliffs and tall evidence indicating that condors distance reconnaissance flights, lengthy conifers, including dead snags, are returned to the southwest as early as the circling flights over a carcass, and hours generally used as roost sites in nesting 1700’s in response to the introduction of of waiting at a roost or on the ground areas. Although most roost sites are near large herds of cattle, horses, and sheep near a carcass (U.S. Fish and Wildlife nesting or foraging areas, scattered roost that replaced the extinct Pleistocene Service 1996). Condors may feed sites are located throughout the range. megafauna as a source of carrion (Emslie immediately, or wait passively as other There may be adaptive as well as 1986). By 1987, the California condor’s California condors or golden eagles traditional reasons for California range was reduced to a wishbone- (Aquila chrysaetos) feed on the carcass condors to continue to occupy a number shaped area encompassing six counties: (Wilbur 1978). Most California condor of widely separated roosts, such as Los Angeles, Ventura, Santa Barbara, foraging occurs in open terrain. This reducing food competition between San Luis Obispo, Monterey, and Kern, ensures easy take-off and approach and breeding and non-breeding birds (U.S. California (U.S. Fish and Wildlife makes food finding easier. Carcasses Fish and Wildlife Service 1984). Service 1996). under brush are hard to see, and Condor censusing efforts through the Courtship and nest site selection California condors apparently do not years have varied in intensity and occurs from December through the locate food by olfactory cues (Stager accuracy. That has led to conflicting spring. Breeding California condors 1964). Condors maintain wide-ranging estimates of historical abundance, but normally lay a single egg between late foraging patterns throughout the year, all have indicated an ever-declining January and early April. The egg is an important adaptation for a species California condor population. Koford incubated by both parents and hatches that may be subjected to unpredictable (1953) estimated a population of about after approximately 56 days. Both food supplies (Meretsky and Snyder 60 individuals in the late 1930s through parents share responsibilities for feeding 1992). the mid-1940s, apparently based on the nestling. Feeding usually occurs Prior to the arrival of European man, flock size. A field study by Eben and Ian daily for the first 2 months, then California condor food items within McMillan in the early 1960s suggested gradually diminishes in frequency. At 2 interior California probably included a population of about 40 individuals, 54046 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations again based in part on the validity of 3. Recovery Efforts chicks produced by captive condors Koford’s estimates of flock size (Miller The primary recovery objective as continues to increase annually and the et al. 1965). An annual October stated in the California Condor Recovery captive population has grown from the California condor survey was begun in Plan (Plan) (U.S. Fish and Wildlife original 27 in 1987 to 104 in 1996. In 1965 (Mallette and Borneman 1966) and Service 1996), is to reclassify the condor 1993, the captive breeding program was continued for 16 years. Its results from endangered to threatened status. expanded to include a facility at The supported an estimate of 50 to 60 The minimum criterion for Peregrine Fund’s World Center for Birds California condors in the late 1960s reclassification to threatened is the of Prey (WCBP) in Boise, Idaho (U.S. (Sibley 1969, Mallette 1970). Wilbur maintenance of at least two non-captive Fish and Wildlife Service 1996). b. Releases: In October 1986, the (1980) continued the survey efforts into populations and one captive population. California Condor Recovery Team the 1970s and concurred with the These three populations must: (1) Each (Team) recommended that criteria be interpretations of the earlier October number at least 150 individuals, (2) satisfied before a release of captive-bred surveys. He further estimated that by each contain at least 15 breeding pairs, California condors could take place. 1978 the population had dropped to 25 and (3) be reproductively self-sustaining These included having three actively or 30 individuals. and have a positive rate of population breeding pairs of condors, three chicks In 1981, the Service, in cooperation growth. The non-captive populations behaviorally suitable for release, and with California Polytechnic State also must (4) be spatially disjunct and retaining at least five offspring from University at San Luis Obispo, began non-interacting, and (5) contain each breeding pair contributing to the census efforts based on individual individuals descended from each of the release. The Team added a provision to identifications of birds through flight 14 founders. When these five conditions the third criterion to retain a minimum photography (Snyder and Johnson are met, the species should be of seven progeny in captivity for 1985). Minimum summer counts from considered for reclassification to founders that were not reproductively these photo-censusing efforts showed a threatened status. The reclassification to active (U.S. Fish and Wildlife Service steady decline from an estimated threatened status will only apply to 1996). those populations (California) that are minimum of 21 wild condors in 1982, The 1991 breeding season produced listed as endangered. The status of the 19 individuals in 1983, 15 individuals two condor chicks that met the Team’s established nonessential experimental in 1984, and 9 individuals in 1985. criteria for release, a male from the population in northern Arizona/ Although the overall condor population SDWAP and a female from the LAZ. southern Utah will not change if the increased slightly after 1982 as a result However, attempting to apply the species is downlisted to threatened. of establishing a captive flock and Team’s third criterion to the 1991 chicks The recovery strategy to meet this goal also revealed that it would not be double clutching in the wild, and the is focused on increasing reproduction in establishment of a captive flock, the practical in the future, because several captivity to provide condors for release, founders had died without producing wild population continued to decline. and the release of condors to the wild. By the end of 1986, all but two five progeny. The Team, therefore, (U.S. Fish and Wildlife Service 1996). recommended choosing genetically California condors were captured for a. Captive Breeding: The years 1983 appropriate chicks for future releases safe keeping and genetic security (U.S. and 1984 were critical in formation of based on pedigree analyses developed Fish and Wildlife Service 1996). the captive California condor flock at for genetic management of captive On April 19, 1987, the last wild the SDWAP and Los Angeles Zoo (LAZ). populations (U.S. Fish and Wildlife condor was captured and taken to the In 1983, two chicks and four eggs were Service 1996). San Diego Wild Animal Park (SDWAP). brought in from the wild. The chicks Prior to capture of the last wild Beginning with the first successful went to the LAZ, and the eggs were California condor in 1987, the Team captive breeding of California condors hatched successfully at the San Diego recognized that anticipated future in 1988, the total population has Zoo (SDZ). Three of the chicks were releases of captive-reared condors increased annually and now stands at taken to the SDWAP and one to the LAZ would pose the problem of 121 individuals, including 104 in the to be reared. In 1984, one chick and reintroducing individuals of an altricial captive flock and 17 in the wild (U.S. eight eggs were taken from the wild. The (helpless at birth) bird into habitat Fish and Wildlife Service 1996). chick went to the LAZ and six of the devoid of their parents and other eight eggs were successfully hatched at members of their own species. Thus, the Causes of the California condor SDZ. Five of the chicks went to the LAZ Team recommended initiation of an population decline have probably been and one went to the SDWAP to be experimental release of Andean numerous and variable through time reared. In 1985, two eggs were taken condors. Research objectives for the (U.S. Fish and Wildlife Service 1984). from the wild and hatched successfully, experimental release were to refine However, despite decades of research, it one at the SDZ and the other at the condor release and recapture is not known with certainty which SDWAP. Both of these chicks were techniques; test the criteria being used mortality factors have been dominant in taken to the LAZ to be reared. In 1986, to select condor release sites; develop the overall decline of the species. the last egg was brought in from the written protocols for releases, Relatively few dead condors have been wild and hatched at the SDWAP, where monitoring, and recapture of condors; found, and definitive conclusions on the it was kept for rearing. By 1986, only field test rearing protocols being used, causes of death were made in only a one pair of condors existed in the wild or proposed for use to produce condors small portion of these cases (Miller et al. and the last free-flying condor was suitable for release; evaluate 1965, Wilbur 1978, Snyder and Snyder captured on April 19, 1987, bringing the radiotelemetry packages; supplemental 1989). Poisoning, shooting, egg and captive population to 27. The first feeding strategies; train a team of specimen collecting, collisions with successful breeding in captivity biologists for releasing condors; and man-made structures, and loss of habitat occurred in 1988, when a chick was identify potential problems peculiar to have contributed to the decline of the produced at the SDWAP by a pair of the California environment. The Andean species (U.S. Fish and Wildlife Service wild-caught condors. Four more chicks condor experiment began in August 1984). were produced in 1989. The number of 1988 and concluded in December 1991. Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 54047

During that period, three release sites As a result of the deaths due to which were parent hatched and reared. where tested and a total of 13 female collisions with power lines and the At approximately 3 months of age the Andean condors were released. Only attraction of newly released young four parent hatched and reared condors one mortality occurred in the field when condors to humans and their activities, were transferred to a newly constructed an Andean condor collided with a the 14 young California condors rearing facility at the Hopper Mt. power line (U.S. Fish and Wildlife scheduled for release in 1995 were National Wildlife Refuge System. This Service 1996). subjected to aversion training at the group was released to the wild on In 1991, a pair of California condor LAZ. An electrified mock power pole February 13, 1996, at the Castle Crags chicks were released into Sespe Condor and natural snag perches were release site located approximately 64 Sanctuary, Los Padres National Forest, constructed in a large flight pen holding km (40 mi) northwest of Lion Canyon on Ventura County, on January 14, 1992. the release candidates. When the young the western border of San Luis Obispo The male died from ingesting ethylene condors landed on the electrified pole County. An objective of this release is to glycol (antifreeze) in October of the they were given negative reinforcement try and determine if parent hatched and same year. The next release of California in the form of a mild shock. When they reared chicks taken from LAZ at the condors occurred on December 1, 1992, landed on the natural snag perches they earliest possible date and placed in a when six more captive-produced received no shock. After only a few natural environment to be reared will be California condors chicks were released attempts at landing on the electrified more successful in their adjustment to at the same Sespe Condor Sanctuary power pole and receiving a mild shock, the wild. There are now 17 condors site. Socialization with the remaining they all avoided the power pole and flying free in southern California and all female from the first release proceeded used the natural perches exclusively (M. have undergone aversion training. Of 14 well, and the ‘‘flock’’ appeared to adjust Wallace, Los Angeles Zoo, in litt. 1995). release candidates produced in the well to the wild conditions. However, This group of California condors was spring of 1996, 6 parent-reared birds are there was continuing concern over the also subjected to a series of human being held for release at the Vermilion tendency of the birds to frequent zones aversion exercises. Aversion maneuvers Cliffs in northern Arizona. were staged in which a person would of heavy human activity. Indeed, three 4. Reintroduction Sites of these birds eventually died from appear in view of a group of condors at To satisfy the objectives of the Plan, collisions with power lines between late a distance of approximately 100 meters at least one subpopulation of non- May and October 1993 (U.S. Fish and (300 yds). Once it was determined that the condors spotted the person, the captive California condors must be Wildlife Service 1996). condors would be ambushed and established in an area disjunct from the Because of the tendency for the captured by a hidden group of subpopulation already being remaining condors to be attracted to the biologists. These condors were then reestablished in the recent historical vicinity of human activity and man- placed in sky kennels, and later released range in California. Following a widely made obstacles, especially power lines, after nightfall (M. Wallace, The Los publicized solicitation for suggestions another California condor release site Angeles Zoo, in litt. 1995). The goals of for suitable condor release sites outside was constructed in a more remote area, this exercise were to condition the of California, the Team recommended in Lion Canyon, in the Los Padres National condors to associate this negative December 1991 that California condor Forest near the boundary of the San experience with humans and increase releases be conducted in northern Rafael Wilderness Area in Santa Barbara the distance in which they would flush Arizona. Because this area once County. Five hatch-year condors were in future encounters with humans. supported California condors, still released at the new site on December 8, On February 8, 1995, six of the provides a high level of remoteness, 1993. In addition, the four condors that trained condors were released at Lion ridges and cliffs for soaring, and caves had been residing in the Sespe area Canyon. On August 29, the remaining for nesting, the probability of a were moved to the new site. They were eight California condors of this group successful reintroduction is very good. re-released over a period of several were released at the Lion Canyon Site. The Service endorsed this weeks in hopes that this approach The 1995 release candidates were split recommendation on April 2, 1992. In would reduce the probability that they into two groups in order to keep the collaboration with the Federal initiative would return to the Sespe area. releases at more manageable numbers. to designate a release site in Arizona, Nevertheless, three of these condors To date none of these condors have the Arizona Game and Fish Department eventually moved back to the Sespe area attempted to land on a power pole and, began evaluating a possible California in March 1994, where they resumed the although they have roosted near condor reintroduction in 1989. The high risk practice of perching on power campgrounds, they have not approached Arizona Game and Fish Department poles. Because of general concern about humans. The one exception was a young determined the reestablishment as the tameness of these birds and the condor of this group that was lured into appropriate and feasible in steps 1 and possibility that their undesirable a campground by campers that placed 2 of the Department’s ‘‘Procedures for behavior would be mimicked by food and water out for it. This condor Nongame Wildlife and Endangered younger California condors, these was subsequently trapped and brought Species Re-establishment Projects,’’ a condors were retrapped on March 29, into the LAZ. The remaining 13 12-step process specifying the protocol 1994, and added to the captive breeding continue to avoid both power poles and for a nongame reintroduction to take population. On June 24, 1994, one of the human activities. place (U.S. Fish and Wildlife Service 1993 California condors died when it On March 1, 1995, the three condors 1995b). collided with a power line. A second remaining in the wild from the a. Site Selection Process: Potential condor that was in the company of this December 8, 1993, release were trapped release sites in northern Arizona were condor at the time of its death, was and brought into captivity. This was evaluated through aerial trapped and returned to the LAZ. The done so they would not negatively reconnaissance, site visits, and three remaining wild condors continued influence the newly released birds that discussions with agency personnel to frequent areas of human activity and underwent the aversion training. familiar with the areas. This evaluation were trapped and returned to the LAZ The 1995 breeding season produced process resulted in selection of four (Fish and Wildlife Service 1996). 13 condors eligible for release, 4 of potential release sites. As required by 54048 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations the National Environmental Policy Act Bureau of Land Management and be released. Release is accomplished by of 1969 (NEPA), the Service, in Arizona Game and Fish Department removing the net at the front of the pen cooperation with the Arizona Game and 1983). allowing the birds to exit. The young Fish Department and the Bureau of 5. Reintroduction Protocol condors will likely remain in the Land Management, produced an immediate area of the pen for some time Environmental Assessment titled In general, the reintroduction protocol before beginning exploratory forays ‘‘Experimental Release of California will involve an annual release of along the cliffs. A small area of Condors at the Vermilion Cliffs captive-reared California condors until approximately 10 acres of BLM land (Coconino County, Arizona)’’ in which recovery goals, as outlined in the Plan, will be posted temporarily closed to the potential release sites and adjacent are achieved (U.S. Fish and Wildlife recreational activity to protect the newly lands (for population expansion) were Service 1995b). These reintroduction released condors and will remain closed thoroughly examined and objectively protocols were developed and tested in until they have dispersed from the evaluated. The NEPA process resulted the current southern California condor release area (U.S. Fish and Wildlife in selection of a preferred release site at release project. Service 1995b). the Vermilion Cliffs located on Bureau a. Condor Release: The reintroduction of Land Management lands (U.S. Fish project is designed to release a group of b. Supplemental Feeding: Condors are and Wildlife Service 1995b). captive-reared California condors once dependent on carrion and must be fed The suitability of the Vermilion Cliffs each year. Condors may be moved to the until they learn to locate carcasses as a California condor release site was release site in the fall of 1996 and independently. Newly released young further evaluated using the Service’s released in late 1996. Three captive condors will be dependent on carrion ‘‘The Condor Release Site Evaluation breeding facilities (LAZ, SDWAP, and provided by biologists, making it System.’’ This system uses 25 working WCBP), are producing condors for necessary to maintain a supplemental criteria divided into three priority release to the wild. The size of each feeding program. However, older classes: Priority 1 includes features release group will depend on the condors (sub-adults and adults), will critical to releasing and establishing number of hatch-year condors produced probably be locating carcasses on their condors in the wild; priority 2 includes during the late winter to early spring of own and would not be dependent on the features that are necessary but not that year, but releases will likely involve supplemental feeding program for their critical; and priority 3 includes features up to 10 hatch-year condors. These survival. Supplemental feeding should that would add or detract from condors will be hatched in captivity and reduce the likelihood of deaths of young suitability but are not critical. The raised by a condor look-alike hand condors from accidental poisoning working criteria are grouped into puppet, or by their parents, until they insofar as it prevents them from feeding working factors that include site are approximately 4 months of age. on contaminated carcasses. The diet suitability, logistics, man-made threats/ They will then be placed together in a provided to the condors will consist hazards, and suitability of adjacent single large pen so they will form social primarily of livestock carcasses and lands (for population expansion). Each bonds. At approximately 6 months of road-killed animals. Field biologists will working criterion is assigned a age they will be moved to a large flight deliver carcasses to the condors every 4 quantitative value and weighted pen and undergo aversion training to to 5 days by carrying carcasses to the according to assigned priority criteria. humans and power poles for 1 to 2 edge of the cliffs at night, to avoid The sum from the three priority classes months. After the training has been detection by the condors. A network of gives the total value for a site. This completed the young condors will be feeding stations on prominent points rating system verified the Vermilion transported by helicopter to the release with high visibility will be identified in Cliffs (the preferred alternative) as a site at the Vermilion Cliffs (U.S. Fish the general area of the release. Carcasses suitable release site (U.S. Fish and and Wildlife Service 1995b). will be placed on the ground or, if Wildlife Service 1995b). At the release site they will be placed predators become a problem, placed off b. Vermilion Cliffs Release Site: The in a temporary release pen and, the ground atop natural rock outcrops Vermilion Cliffs release site is on the depending on the age of the birds, will less accessible to ground predators (U.S. southwestern corner of the Paria Plateau remain there for an acclimation period Fish and Wildlife Service 1995b). approximately 100 meters from the edge of approximately 1 week to 3 months, c. Monitoring: All California condors of the Vermilion Cliffs, Coconino depending upon the age of the condors released to the wild will be equipped County, Arizona. The Paria Plateau is and other factors. This structure will be with two radio transmitters: one on each characterized by relatively flat, approximately 16 ft by 8 ft and 6 ft high. patagium (the fold of skin in front of the undulating topography dominated by Netting will cover the front of the pen, main segments of a bird’s wing); or one pinyon-juniper/blue grama grass (Pinus allowing the young condors to view and patagial placement, and one mounted edulis-Juniperus osteosperma/ become accustomed to the surrounding Bouteloua gracilis) communities and area. The release pen will be pre- on the tail. In addition, they will wear mixed shrub communities dominated by fabricated, delivered to the release site bold colored patagial markers on each sagebrush (Artemesia spp.) on sandy by vehicle or helicopter, and removed wing with code numbers to facilitate upland soils. To the south and east of from the site after the young condors visual identification. The movements the Plateau lies the steep precipice of have fledged (U.S. Fish and Wildlife and behavior of each condor will be the Vermilion Cliffs, rising over 1,000 Service 1995b). monitored for at least the first 2 to 3 feet from the floor of House Rock Valley. Meanwhile, biologists will remain years of its life. Ground triangulation Uplifting and differential erosion has near the release pen 24 hours a day will be the primary means of radio created complex geologic structures and observing the young condor’s behavior tracking. Aerial tracking will be used to a diverse variety of habitats in a small and guarding against predators or other find lost birds or when more accurate geographic area. The cliffs are sharply disturbance. After the initial adjustment locations are desired. dissected by canyons and arroyos and period and when all the young condors Telemetry flights will be coordinated the lower slopes are littered with can fly, the release will take place. Any with the appropriate land management enormous boulders. Numerous springs release candidate showing signs of agencies (U.S. Fish and Wildlife Service emerge from the sides of the cliffs (U.S. physical or behavioral problems will not 1995b). Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 54049

Status of Reintroduced Population Service to insure that any activity that The reintroduction project will In accordance with section 10(j) of the is authorized, funded, or carried out by further the conservation and recovery of Act, California condors reintroduced such agency is not likely to jeopardize the species by establishing a second into northern Arizona will be the continued existence of a listed wild population, ensuring the existence designated as a nonessential species. A nonessential experimental of a wild population if a catastrophic experimental population for the population is treated as a threatened event eliminates the southern California following reasons: the principal species on National Park System and population, enhancing the opportunity population exists in the safe National Wildlife Refuge System lands, to manage the genetic diversity of the environment of three captive breeding and would be subject to the consultation wild population, and avoiding the facilities; the existing wild population requirements of section 7(a)(2) on those potential risks inherent in overcrowding lands. In addition, on all other lands, the captive population. in southern California will not be two provisions of section 7 apply to adversely affected by this Location of Reintroduced Population nonessential experimental populations; reintroduction; and establishing a section 7(a)(1), which requires all Under section 10(j)(1) of the Act, an second wild population will further Federal agencies to use their authorities experimental population must be enhance the recovery of this species. to conserve listed species, and section geographically separate from The conditions under which a 7(a)(4), which requires Federal agencies nonexperimental populations of the population can be designated as to informally confer with the Service on same species. The last recorded sighting experimental are: the population must actions that are likely to jeopardize the of a California condor in the be geographically disjunct from any continued existence of a proposed experimental population area occurred other wild populations of the same species. in 1924, when Edouard Jacot observed species, and the Service determines that Currently, the captive California a condor feeding on a carcass with the release will further the conservation condor population (104 individuals) golden eagles near the town of Williams, and recovery of the species. exists in the safe environment of three Arizona (Rea 1983). Condor researchers Section 10(j) is designed to increase captive breeding facilities located at the are confident that there are no the Service’s flexibility to manage an SDWAP, LAZ, and WCBP. The captive undocumented wild condors in the experimental population by treating it breeding facilities are not included in release area or anywhere else in their as a threatened species regardless of its exhibits, are closed to the public and are historic range outside of California. designation in other parts of its range. under 24 hour surveillance by condor Currently, 17 endangered California This is because section 4(d) of the Act keepers or video cameras. Only essential condors are located in the wild back gives the Service greater flexibility in program personnel are granted access to country of Santa Barbara County, the development and implementation of the captive population. The captive California. This non-captive population regulations to manage threaten species population is given excellent care and is located approximately 720 kilometers than it does for endangered species. since 1982 there have been no deaths of (km) (450 miles (mi)) west of the release This flexibility allows the Service to adults or sub-adults. In addition, the site, and 480 km (300 mi) west of the manage the experimental population in geographic separation of the three western boundary of the reintroduction a manner that will ensure that current breeding facilities protects these area. The longest distance covered by and future land, water or air uses and subpopulations from the threat of one of these recently reintroduced activities should not be restricted and extinction due to a single catastrophic condors has been approximately 240 km the population can be managed for event. (150 mi) over a period of 1 week, with recovery purposes. The reproductive rate of the captive typical daily flights from 8 km (5 mi) to Before an experimental population population dramatically exceeds the 16 km (10 mi). According to Meretsky can be released, section 10(j) requires mortality rate of the wild population. and Snyder (1992) the foraging flights that a determination be made by the All condors lost in the reintroduction by breeding California condors in the Service whether the population is either efforts can be replaced by current chick 1980’s were from 70 km (44 mi) to 180 ‘‘essential’’ or ‘‘nonessential’’ to the production, while the captive km (112 mi). Based on this information, continued existence of the species. An population continues to increase. The the Service does not expect any experimental population determined to wild population will not be adversely immigration/emigration between the be essential is treated as a threatened affected by the reintroduction since it is extant non-captive and the nonessential species. An experimental population hundreds of miles away (see below). experimental populations. determined to be nonessential is treated By mid-1987, every surviving The California condor reintroduction as a species proposed for listing as individual of the species was held in site in northern Arizona is located on threatened. The exception is a captivity following agreement that the the Vermilion Cliffs, in the nonessential population located within decline of the wild population to eight southwestern corner of the Paria the National Park System or National surviving adults had demonstrated that Plateau. However, the designated Wildlife Refuge System lands will be the wild population was destined for nonessential experimental population treated as a threatened species for likely extinction (Geyer et al. 1993). area will be larger and include portions purposes of section 7(a)(2) of the Act. If Genetic management, which includes of three states, Arizona, Nevada, and those same condors leave the National control of all matings, has maximized Utah. The southern boundary is Park System or National Wildlife Refuge the potential genetic viability of the Interstate Highway 40 in Arizona from System, they will be considered as a wild captive population. No California its junction with Highway 191 west species proposed for listing. condor hatched in captivity is across Arizona to Kingman; the western Section 7(a)(2) of the Act prohibits considered for release to the wild unless boundary starts at Kingman, goes Federal agencies from authorizing, its founder line is well-represented in northwest on Highway 93 to Interstate funding, or carrying out any activity that the captive population. All release Highway 15, continues northeasterly on would likely jeopardize the continued candidates are genetically redundant Interstate Highway 15 in Nevada and existence of a listed species or adversely and their loss will not jeopardize the Utah, to Interstate Highway 70 in Utah; modify their critical habitats. All diversity of the existing condor gene where the northern boundary starts and Federal agencies must consult with the pool. goes across Utah to Highway 191; where 54050 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations the eastern boundary starts and goes and Federal agencies and persons land, water, or air uses such as, but not south through Utah until Highway 191 holding an interest in land which may limited to: commercial and business meets Interstate Highway 40 in Arizona be affected by the establishment of this development; forest management; (See map at end of this rule). The experimental population. The purpose agriculture; mining and energy resource Service has designated this of the MOU is to establish a general exploration and development (e.g. coal); experimental population area to framework for cooperation and livestock grazing; development of accommodate any potential future participation among the cooperators to transportation and utility corridors (e.g. movements by condors and to include establish a long-term program to release power transmission lines); wild canyon habitat that stretches from captive reared California condors and communication facilities; water the eastern Utah southwest through achieve the recovery goals for this development projects; sport hunting and Arizona to the eastern border of Nevada species as cited in the California Condor fishing; air tour operations and outdoor that will provide this population of Recovery Plan (U.S. Fish and Wildlife recreational activities (e.g. jeep tours, condors with a natural refugium in Service 1996). In order to accomplish hiking, biking, boating) should not be which to raise future generations of these goals each cooperator will restricted due to the designation of the condors. In the experimental population designate a principal contact to interface area, condors will maintain the status of with the field program and participate nonessential experimental population of nonessential experimental. Any condors on a working team to develop annual California condors. In addition, no that leave the experimental population work plans, provide facilities, operational restrictions due to the area will be considered as endangered. equipment, logistical support, and land presence or potential presence of However, this special rule includes access, as needed and when available, to California condors will be placed on provisions for the capture and return of the field program and provide ongoing currently permitted activities on Bureau condors to the experimental population review of and feedback on the progress of Land Management grazing allotments area should the birds stray out of the of the reintroduction program. The located in proximity to the release site experimental population area. purposes of the Agreement are to ensure at the Vermilion Cliffs. Further, if any to the maximum extent practicable that modifications of existing structures are Management current and future land, water, or air needed to protect condors they will be Service regulations require that, to the uses within the experimental made or financed by the appropriate extent practicable, a regulation population area are not affected as a MOU cooperator with the approval of promulgated under section 10(j) of the consequence of the release of California the land manager and/or private Act, represent an agreement between the condors in northern Arizona/southern operator, in accordance with applicable Service, the affected State and Federal Utah, and to promote the recovery of the procedures. agencies, and persons holding any California condor. This will be The progress of the reintroduction interest in land that may be affected by accomplished through annual project will receive an informal review the establishment of the experimental coordination meetings with local population (see 50 CFR § 17.81 (d)). The governments and communities to on an annual basis and a formal Vermilion Cliffs reintroduction project review the status of the reintroduction evaluation by all cooperators and the will be undertaken by the Service and effort. Coalition within the first 5 years after its primary cooperators, the Arizona The reintroduction area consists of the first release to evaluate the Game and Fish Department and the remote Federal or Native American reintroduction project and determine Bureau of Land Management. Other Reservation lands with limited private future management needs. All reviews cooperators that will provide support on lands. The management scheme for will include, but not be limited to: a an as-needed basis include: Utah State these lands (e.g., BLM, Kaibab National review of management issues; Department of Natural Resources, Grand Forest, Grand Canyon National Park, compliance with agreements; Canyon National Park, Glen Canyon Glen Canyon National Recreation Area, assessment of available carrion; National Recreation Area, Kaibab and Navajo Indian Reservation) is dependence of older condors on National Forest, the Hualapai Tribe, the consistent with the reintroduction of supplemental food sources; post release Navajo Nation, Los Angeles Zoo, condors into this area. Furthermore, the behavior; causes and rates of mortality; Zoological Society of San Diego (the designation of this population as alternative release sites; project costs; Zoological Society includes the SDWAP nonessential experimental will and public acceptance. Once recovery and SDZ), The Phoenix Zoo, and The encourage local cooperation as a result goals are met for downlisting the Peregrine Fund. This nonessential of the management flexibility allowed species, and tasks in the recovery plan experimental population will be under this designation. The Service are accomplished, a proposed rule to managed in accordance with the considers the nonessential experimental reclassify the species from endangered provisions of a Memorandum of population designation, MOU, to threatened would be developed. The Understanding (MOU) among the Agreement, and associated Service has determined that the cooperators (noted above), an reintroduction plan (an appendix to the establishment of this nonessential Agreement between the Service and a Environmental Assessment) necessary experimental population will further the coalition of county and local to receive cooperation of the affected governments (Coalition) in the landowners, agencies, and recreational conservation and recovery of the California condor experimental interests in the experimental population California condor. The number of population area, and this final rule. At area. variables that could affect this this time, the MOU and Agreement are A designation of nonessential reintroduction project make it difficult in final form, and will be signed soon experimental limits the application of to develop criteria for success or failure after publication of this rule. A separate section 7(a)(2) of the Act. For the after 5 years. However, if after 5 years agreement between the Service and the purposes of section 7, the nonessential the condor population is experiencing a State of Utah is under development. experimental population is treated as a 40 percent or greater mortality rate or This rule to the maximum extent proposed species except on National released condors are not finding food on practicable represents an agreement Wildlife Refuge System and National their own, serious consideration will be between the Service, the affected state Park System lands. Current and future given to terminating the project. Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 54051

Summary of Comments and Juan Recorder, The Salt Lake Tribune, informal evaluation on an annual basis Recommendations Desert News, The Spectrum, Arizona and a formal evaluation within the first On November 13, 1990, the Service Daily Sun, Kingman Daily Miner, The 5 years after the initial release, and conducted its first public meeting to Arizona Republic, The Phoenix Gazette, every 5 years thereafter. The evaluation discuss the feasibility of reintroducing Williams Grand Canyon News, will include, but not be limited to, a California condors in the Grand Canyon Holbrook Tribune News, Las Vegas review of management issues, area, the Grand Canyon National Park Review Journal, and The Las Vegas Sun, compliance with agreements, hosted the meeting. Represented at the between January 9 and 14, 1996. assessment of available carrion, meeting were Federal, State, and Tribal On February 6, 1996, the Service dependence of older condors on agencies, local industries, conservation published a notice in the Federal supplemental food sources, post release Register (61 FR 4394) reopening the organizations, and interested private behavior, causes and rates of mortality, comment period until February 29, citizens. After this meeting and before alternative release sites, project costs, 1996, and on February 29, 1996, the National Environmental Policy Act and public acceptance. Paragraph 10 in published a second notice (61 FR 7770) (NEPA) process was initiated in May the special rule also includes conditions extending the comment period until 1995, approximately 16 scoping/ under which the Service would April 1, 1996. The proposed rule and reconnaissance meetings on the consider termination of the project. If two comment extensions were reintroduction were held with after 5 years the project is experiencing announced in published legal notices, a 40 percent or greater mortality rate or interested Federal, State, and Tribal press releases, and a special mailing to released condors are not finding food on agencies. On May 15, 1995, a NEPA interested parties. Pursuant to 50 CFR their own, serious considerations will scoping letter was sent out to 424.16(c)(2), the Service may extend or be given to terminating the project. approximately 200 Federal and State reopen a comment period upon finding 4. According to special rule paragraph agencies, tribal, county, and city that there is good cause to do so. Full 11, the Service does not intend to governments, private industries, participation of the affected public in pursue a change in the nonessential conservation groups, and other the rulemaking process and allowing the experimental population designation to interested parties. It announced the Service to consider the best scientific experimental essential, threatened, or Service’s intent to prepare an and commercial data available in endangered, or to modify the Environmental Assessment on a making a final determination on the experimental population area proposal to establish a long term project proposed action, is deemed as sufficient boundaries without consulting with and to reintroduce California condors into cause. The extensions were made to obtaining the full cooperation of (1) northern Arizona and requested address the comments and concerns of affected parties located within the comments on the proposal. On August the communities located within the experimental population area, (2) the 14, 1995, the Service mailed out proposed experimental population area. reintroduction program cooperators approximately 300 copies of the draft During the extension period a series of identified in the Memorandum of Environmental Assessment for the eight meetings were conducted with Understanding (MOU) for this program, ‘‘Experimental Release of California State, County, and local governments and (3) the cooperators identified in the Condors at the Vermilion Cliffs, and industry representatives located Agreement for this program. The Service Coconino County, Arizona’’ for review within the proposed experimental does not intend to change the status of and comment. On February 29, 1996, population area to address their specific this nonessential population until the the Service completed a Finding of No concerns. California condor is recovered and Significant Impact (FONSI) for the Changes in the final rule as a result delisted in accordance with the Act or reintroduction project. A revised of public comments: Two paragraphs if this reintroduction is not successful version of the FONSI was signed on (10 and 11) have been added to the and the rule is revoked. No designation September 23, 1996. The Service mailed special rule based on public comments of critical habitat will be made for out approximately 300 letters on the proposed rule. The Service also nonessential populations (16 U.S.C. announcing that the FONSI and the made minor wording changes to other § 1539(j)(2)(C)(ii)). If legal actions or final Environmental Assessment were paragraphs in the special rule to provide other circumstances compel a change in available upon request. The revised more clarity. These additions and minor this nonessential experimental FONSI is also available to the public modifications do not alter the predicted population’s legal status to essential, (see ADDRESSES section). The impact or effect of the final rule: threatened, or endangered, or compel development of this NEPA document 1. Paragraph (1) has been amended to the Service to designate critical habitat included a combination of 16 meetings clearly indicate that this release will for the California condors within the and presentations to explain the further the conservation of the experimental population area defined in proposal and accept comments. California condor. this rule, then, unless the parties to the On January 2, 1996, the Service 2. The language describing allowable MOU and Agreement existing at that published (61 FR 35) a proposed rule to take has been clarified to indicate that time agree that the birds should remain establish a nonessential experimental throughout the entire California condor in the wild, all California condors will population of California condors in experimental population area, you will be removed from such area and this northern Arizona/southern Utah with a not be in violation of the Act if you experimental population rule will be comment period that closed on February unavoidably and unintentionally take revoked. Changes in the legal status 1, 1996. The proposed rule included the (including killing or injuring) a and/or removal of this population of announcement of two public hearings, California condor, provided such take is California condors will be made in one in Flagstaff, Arizona, the other in non-negligent and incidental to a lawful compliance with any applicable Federal Kanab, Utah. A legal notice, announcing activity, such as hunting, driving, or rulemaking and other procedures. the proposed rule, the two hearings, and recreational activities, and you report To date, the Service has conducted a inviting public comment was published the take as soon as possible. minimum of 59 meetings, which in the Southern Utah News, The 3. According to paragraph 10 in the included 2 public hearings, published Richfield Reaper, The Times special rule, the status of the 42 legal notices in newspapers in Independent, The Beaver Press, The San reintroduction project will receive an Arizona, Utah, and Nevada, and 54052 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations developed a mailing list approaching Service Response: California condors reintroduction project because of their 400 in an attempt to inform all have never been observed to come down extensive experience and success in the interested parties and address their to a highway to feed on road killed captive breeding and releasing of concerns. A total of 206 written and 33 carrion (Jan Hamber, Santa Barbara endangered bird species throughout the oral comments were received during the Museum of Natural History, pers. world. The Fund will be managing the comment period. Analysis of the comm. 1996). To ensure that condors reintroduction project in the field under comments revealed 19 issues that are released at the Vermilion Cliffs are not the direction of the Service and its identified and discussed below. attracted to any road kill, the cooperators. The Fund will also be Issue 1: The goal of this operational plan for this release requires raising the money to finance the reintroduction project needs to be that Highway 89 and others in the area reintroduction project at the Vermilion clearly stated. Is it to establish a self- be monitored on a regular basis for road Cliffs. This extremely important sustaining or artificially maintained kills, particularly during the spring and recovery objective will take the condor population? fall mule deer migrations when the a significant step closer to recovery, Service Response: The goal of this number of road kills is highest. creates little if any landowner burden, reintroduction project is to establish a All road kills will either be collected and is undertaken with a partner so self-sustaining population of 150 and stored in large freezers as a source little cost is borne by the Service. individuals, with at least 15 breeding of future food for condors or moved well Issue 5: How will the operation of the pairs. In order to accomplish this goal off the highway so condors and other California condor reintroduction project it will be necessary to provide scavenging species can feed safely. at the Vermilion Cliffs affect hunting in supplemental food as long as young Issue 3: Will the power lines located the area? inexperienced condors are being in the release area threaten this Service Response: Mule deer, desert released to the wild. In order for these population? bighorn sheep, bison, pronghorn condors to survive the transition from Service Response: Early in 1995, a antelope, coyotes, rabbits, and game captivity to the wild they must be program to teach condors to avoid birds are hunted in the area. The field provided food until they learn to locate power poles/lines was developed and operation of the reintroduction project carcasses on their own. For condors this initiated at the Los Angeles Zoo. Power will have no impact on these hunts. ability develops over an extended pole aversion training was With the exception of a small [4 period of time; first they must build accomplished by constructing an hectares (10 acres)] temporary closure at strength to sustain long foraging flights, electrified mock power pole in the large the release site while the condors are then they must learn how to utilize local flight pen holding young condors being held for release, no restrictions are wind patterns, and finally become scheduled for release to the wild. This being placed on public hunting familiar with their new environment. pole was designed to give the condors opportunities or any other outdoor This phase is prolonged because there that landed on it a mild but recreational activities. The issue of are no adults to guide them through uncomfortable shock. Natural tree snags condor deaths attributed to lead these steps. Over time these condors were also placed in the flight pen to poisoning resulting from hunting is will attain the knowledge and skill to reward the condors who perched on addressed under Issue 11. find carcasses on their own and will them with a positive experience, no Issue 6: California condors should not become independent of the shock. In less than 2 weeks the condors be released in northern Arizona because supplemental food. being trained attempted to land on the Gymnogyps californianus did not occur Supplemental feeding is an integral pole and received a mild shock. It only in northern Arizona prehistorically, the component of proven avian release took one such experience to teach the Pleistocene condor was actually G. strategies. The successful recovery of condors to avoid the pole. amplus. the American peregrine falcon The group of condors that underwent Service Response: The California (peregrine) was due in part to the the power pole aversion training have Condor was more widespread during reintroduction programs that released been in the wild for over 1 year and the late Pleistocene epoch (Wetmore young captive-reared peregrines into have not been observed landing on 1931a, 1931b, Brodkorb 1964, Lundelius unoccupied habitats throughout most of power poles. Although only one power et al. 1983, Steadman and Miller 1987). its range in North America. When this pole configuration was used, this group In the southwestern United States, release program began in 1974 they of condors has avoided all types of condor fossils have been reported from provided food to young captive-reared power poles. In order to ensure the at least 14 caves in the northern Arizona peregrines released to the wild. Today, success of this training method, mock region (deSaussure 1956, Miller 1960, 22 years later, food is still being electrified power poles will be erected Parmalee 1969, Mead and Phillips 1981, provided to newly released captive- near the release site, these poles will Rea and Hargrave 1984, Emslie 1987, reared peregrines making the transition mimic the configurations in the area. 1988), Nevada (Miller 1931, Howard to the wild. The peregrine wild This was done in southern California as 1952), New Mexico (Wetmore 1931a, population is approaching 1,300 pairs. a means of continuing the training in 1932, Howard and Miller 1933, Howard The Service published a notice of intent the field; however, this group of condors 1962a, 1971, Emslie 1987), and Texas to propose the peregrine for delisting on has yet to attempt to land on them. (Wetmore and Friedmann 1933, Emslie June 30, 1995 (60 FR 34406). Issue 4: Reintroduction projects can 1987). The Arizona specimens are Issue 2: The large number of road kills be very expensive, how much is this between 9,580–22,110 years before in Utah could result in condor costing the taxpayer? present, based on radiocarbon dating mortalities, particularly along Highway Service Response: The Service and its (Emslie 1987, 1990). The disappearance 89 between Kanab and Big Water, which cooperators have entered into a of the condor and other large scavenging bisects a major migration route for the partnership with The Peregrine Fund birds from these regions coincided with Paunsaugunt mule deer herd. Large (Fund), a nonprofit conservation the extinction of the Pleistocene numbers of deer are killed along this organization devoted to the mammalian megafauna, an event that highway every year that could attract conservation and study of raptors and may have been related to climatic condors which could be injured or other birds. The Service approached the changes (Mehringer 1967), to the effects killed by highway traffic. Fund to participate in this of over hunting by aboriginal man Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 54053

(Martin 1967), or to a combination of Emslie (1986, 1987) and Snyder and condors; and (5) the management these factors. Snyder (in press) suggest that the strategies identified in the experimental Most authors have arbitrarily assigned California condor moved back into population rule virtually eliminate the all Pleistocene Gymnogyps fossils to the Arizona as early as the 1700’s in possibility of impacts to condors or form G. amplus, described from a large response to the introduction of large existing and future activities in the tarsometatarsus found in Pleistocene herds of cattle, horses, and sheep, which experimental population area. deposits in a northern California cave would explain sightings recorded in the A significant portion of the California (Miller 1911), on the recommendation of 1800’s. Emslie (1986, 1987) and Snyder condor experimental population area Fisher (1944, 1947). However, aside and Snyder (in press) also suggest that includes remote wild canyon back from their generally larger size and the species was eliminated by shooting country habitat that will provide this slight differences in skull structure and other forms of human persecution population with a natural refugium in (Fisher op cit., cf Emslie 1988), there before it could become reestablished which to raise young and will minimize appear to be no features that distinguish throughout the region. the opportunity for condor conflicts Pleistocene Gymnogyps fossils from the Issue 8: Some expressed concern with any ongoing or proposed activities. bones of modern condors. Furthermore, about the effect the status of California Also, the condor’s requirement for certain Pleistocene condor bones, condors could have on the National remote inaccessible cliff nesting habitat, including some from Arizona, have been Recreation Areas located within the wide-ranging foraging patterns, and as small as those of present day condors experimental population area and how carrion prey base make them less (Miller 1957, Parmalee 1969, Rea and the threatened status of these birds susceptible to impacts from most human Hargrave 1984). might affect ongoing activities at the related activities. Consequently, condors All avian paleontologists, including National Recreation Areas such as released into the experimental Miller (1957) (the original describer of mining, hunting, and grazing, that are of population area should be able to co- G. amplus), Howard (1947, 1962b), special interest to surrounding exist with the current and anticipated Wetmore (1956, 1959), Brodkorb (1964) communities. A similar concern was land, water, or air uses in the area in a and Emslie (1987), who have considered expressed with respect to the air tour compatible manner without conflict. the matter have remarked that ‘‘amplus’’ industry in Grand Canyon National Park Since the California condor was listed is merely a temporal subspecies of and whether future restrictions on this as endangered in 1967, the Service has present day G. californianus and thus its activity could occur. never rendered a jeopardy progenitor. As a means of resolving Service Response: Glen Canyon and determination on the wild fully nomenclatural ambiguity and to reflect Lake Mead National Recreation Areas protected condor population in the presumed relationships among and Grand Canyon National Park are southern California, clearly condors old and new, Emslie (1988) located within the experimental demonstrating the benign nature of this recommended that the Pleistocene population area; these areas are species and the likelihood that a Gymnogyps fossils and present day administered by the Secretary of the jeopardy opinion would ever be California condors all be treated as Interior, and are included in the rendered on this experimental representatives of the species G. National Park System (see 16 U.S.C. population. californianus, restricting the trinomial § 1c(a)), and are subject to the 1916 For the purposes of section 7(a)(2), the G. californianus amplus for Pleistocene Organic Act and other laws applicable Service would consider the effects a fossils and the name G.c. californianus to National Parks and Monuments. proposed project would have on the for the modern birds. Condors located in National entire species. Thus, in analyses under Issue 7: The proposed reintroduction Recreation Areas and National Parks section 7(a)(2), the Service would location is not within the probable within the experimental population area evaluate the effects a project located on historic range of the California condor. would be treated as a threatened species a National Recreation Area against the Service Response: Although earlier for purposes of Section 7 consultation. entire condor population, and not solely authors, including Swarth (1914), Harris Although enabling legislation for each against the nonessential experimental (1941), Koford (1953), and Wilbur recreation area authorizes activities population. (1978), did not accept historical records unique to the area, they are still As part of the management strategy of California condors east of California, managed as units of the National Park for this population the Service will or regarded such reports as equivocal, System. relocate any condor within the several recent authorities have treated The Service does not foresee that experimental population area, including these records as authentic (Phillips et al. activities in the California condor the National Park System, to avoid 1964, Rea 1981, Emslie 1986, 1987, experimental population area, including conflicts with ongoing or proposed Snyder and Snyder in press). Historical activities in the National Recreation activities, or when relocation is sightings of condors in Arizona Areas, would jeopardize the continued requested by an adversely affected mentioned by these authors include existence of the California condor. landowner (see special rule 4(ii)). This those of Coues (1866), F. Stephens (in Additionally, the Service does not provision of the Service’s management Brewster 1882), Rhoads (1892), Brown foresee that any ongoing or future land, strategy virtually eliminates any (1899), Jacot (ms), and Mearns (ms). A water, or air will be restricted due to possibility of conflict by allowing the purported sighting of a condor in Utah this reintroduction project. That is Service or permitted cooperator to (Henshaw 1875) and other Utah reports demonstrated by: (1) Condors utilize remove a condor in order to resolve (Hayward et al. 1976) seem to be less remote, canyon habitat; (2) the Service potential conflict. It is evident that the convincing. has never determined that an activity Service and its Cooperators are The California condor survived the may cause jeopardy of the condor committed to do all they can to resolve late Pleistocene extinction by retreating during the time (29 years) that condors any problems in an expedient manner in to the coastal mountain ranges of the have been listed and fully protected in order to avoid conflicts between Pacific Ocean. There it was able to California; (3) the size of the California condors and any current or proposed survive by supplementing its diet with condor population is expected to activities. fish and marine mammal carcasses that increase in the future; (4) existing land Formal consultation with the Service washed onto the beaches (Emslie 1986). management is compatible with may be required for activities such as 54054 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations mining, hunting, and grazing in these relative to the potential for collisions House Rock Valley could provide a National Recreation Areas. However, as with planes. Eagles are aggressive, fast, source of carcasses for supplemental explained above, based on the best and able to change directions feeding of young California condors available information at the time of this instantaneously. Also, they are not (Vashti Supplee, Arizona Game and rulemaking, the Service does not foresee dependent on winds, like condors to Fish Department, pers. comm. 1995). that any of these ongoing (or currently gain elevation. They would be more There are eight Bureau of Land proposed) activities is likely to cause likely to utilize the airspace above the Management and seven Forest Service jeopardy to the condor. Grand Canyon and pose a threat to air livestock grazing allotments on the Paria Issue 9: Air Tour Operators in the traffic and yet, there has never been a Plateau, eastern Kaibab Plateau, and Grand Canyon National Park (Park) do substantiated aircraft eagle strike to House Rock Valley. In addition to these not believe that condors should be date. Condors on the other hand, are public allotments there are private and introduced into northern Arizona unless dependent on winds generated by the State-owned inholdings in House Rock it can be demonstrated that there is an topography of the Grand Canyon, their Valley and the Paria Plateau that are acceptably low impact to air safety. soaring flights are slow, deliberate, and being grazed (U.S. Fish and Wildlife Service Response: The Federal predictable. Pilots flying at or below 200 1995b). Because of their ability to forage Aviation Administration (FAA), miles per hour (mph) should be able to over large areas, it is difficult to predict Information Management Section’s see and avoid bird strikes. The exactly what condors will feed on and National Data Base has been collecting commercial air carriers operating in the where, once they start dispersing from voluntary reports on aircraft bird strikes Grand Canyon fly at speeds of the release site. nationwide since 1973 (23 yrs). To date, approximately 120 to 150 mph (Mike As a survival strategy, condors have a no bird strikes have been reported Ebersole, Grand Canyon National Park, very efficient lifestyle. When they are within the Grand Canyon National Park pers. comm. 1996). not looking for carcasses or attending (Park) boundary. An estimate of the Wilbur (1978) investigated over 300 eggs or young, they spend most of their current number of scenic overflights in California condor mortalities recorded time perched on a roost. In flight they the Park is approximately 80,000 between 1806 and 1976, and none soar on thermals and updrafts which annually, an average of 219 flights per involved a collision with an aircraft. requires little energy expenditure, and day, with the number of flights per day There is no known record of an aircraft- they are often airborne all day. Despite increasing dramatically during the peak condor strike or near miss (Jan Hamber, their large size, their efficient flight summer months. According to the Santa Barbara Museum of Natural allows them to cover large areas in FAA’s data base only 11 bird strikes History, pers. comm. 1996). The Service search of food with little physical effort. were recorded for the entire State of is confident that condors and the air Having evolved this foraging strategy, Arizona during this 23-year period and tour operators can co-exist to the mutual condors can survive in a landscape that none resulted in a plane crash or benefit of one another and plans to work does not appear to provide the density injuries to pilots or passengers. closely with air tour operators to ensure of carrion necessary to sustain such a Interviews with pilots operating in the the safety of condors and air tours. large bird. In addition, condors have no Park indicate that bird strikes have Issue 10: What will the food source known natural predators in the wild and occurred, but were not considered for condors be and is it adequate to therefore, do not expend energy significant enough to report to the FAA. support a self-sustaining population of avoiding predators. Dolbeer, Wright, and Cleary (1995) condors? As the California condor population summarized all wildlife strike incidents Service Response: California condors becomes established in the experimental reported to the FAA in 1994 and, of the feed on the carcasses of dead animals, area, the Service will be able to better 2,220 strike reports analyzed, 2,150 (97 primarily mammals (Wilbur 1978). evaluate whether the area’s carrying percent) involved birds. Most bird Koford (1953) listed observations of capacity is less than or greater than the strikes occurred during the approach/ California condors feeding on 24 stated target of 150 condors and 15 landing (54 percent) and take-off (34 different mammalian species over the breeding pairs. percent) phases of flight (Dolbeer, last two centuries. However, ungulates Issue 11: Lead poisoning could be a Wright, and Cleary 1995). This would including the carcasses of domestic problem once young condors learn to put most bird strikes in close vicinity to livestock are expected to be the primary find carrion on their own. How does the airports and at very low elevations. sources of food for condors released at Service plan to address this potential Condors are not expected to utilize this the Vermilion Cliffs. The Kaibab Plateau threat to condors? airspace. In the unlikely event that a supports a large population of mule deer Service Response: Three California condor would fly or perch within the and a small population is resident on condor deaths have been attributed to operating space of an airport, it would the Paria Plateau. Desert bighorn sheep lead poisoning since 1983 (Janssen et al. be captured and moved for its safety and (Ovis canadensis nelsoni) are found on 1986, Wiemeyer et al. 1988). Uncovered the safety of those utilizing the airport. the Paria Plateau, the west side of the carcasses and gut piles resulting from California condors soaring in the Kaibab Plateau, and the Grand Canyon. ungulate or small mammal hunting were Grand Canyon will be utilizing the House Rock Valley supports a small the probable sources of the lead (Pattee updrafts and deflected winds generated population of pronghorn antelope. et al. 1990). Limited hunting takes place by large cliff walls. Their flights along These ungulates become available to on the Paria Plateau, so the opportunity these walls will be to forage, to fly to condors as natural mortalities, hunter for condors to encounter unrecovered and from nests, or down to water, all of kills and road kills. Road kills removed hunter kills or gut piles is relatively which will take place well below the from Highway 89 could be a significant low. However, the Kaibab Plateau is Grand Canyon rim. The advantage of source of supplemental food, heavily hunted and represents a threat this air lift is lost above the Grand particularly during the spring and fall to condors once they disperse from the Canyon rim, therefore, condors should deer migration, when as many as 20 release site and learn to locate food on be expected to soar at or below the rim road kills have been recorded in a single their own. This process could take 1 or when in the Grand Canyon, well below night. Mortality in the bison (Bison more years. The Service in cooperation the air traffic. Some comparisons have bison) herd managed by the Arizona with the Department, Bureau of Land been made between eagles and condors Game and Fish Department located in Management, and the Forest Service, Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 54055 plans to utilize this window of time to recovery goals for this species as cited An environmental impact statement is address the potential threat of lead in the California Condor Recovery Plan required for any given project when that poisoning by initiating a hunter (U.S. Fish and Wildlife Service 1996). major Federal action may significantly education program on the danger of lead Issue 14: It was suggested that the affect the quality of the human to condors and suggesting ways that nonessential population area (area) be environment. The analysis of effects of hunters can help (e.g., bury gut piles), enlarged to include the entire State of the proposed action on existing land and investigating potential non-toxic Utah. This suggestion was based on the uses and human activities completed as sources of ammunition that could be concerns that the condors could easily part of the environmental assessment substituted for lead bullets on a travel outside the designated area and did not demonstrate any significant voluntary basis. The Service does not relocating condors would be logistically impacts to the natural or physical intend to request modifications or difficult and potentially harmful to the environment, or the relationship of restrictions to the current hunting birds. people with that environment. The regulations anywhere in the vicinity of Service Response: Although wide provisions of the nonessential the Vermilion Cliffs release site or in the ranging in their foraging patterns, flights experimental designation under section experimental population area. Issue 5 by recently reintroduced condors and 10(j) of the Act are intended to relax also addresses the concern on the affects movement data collected in the 1980s regulations governing the protection of of this reintroduction on hunting. by Meretsky and Synder (1992), suggest reintroduced populations of endangered Some condor deaths from this and that the designated area will adequately species. This action does not impose other sources of mortality are to be contain this population for the life of land use restriction or otherwise affect expected, but will presumably be more the project. Possible stress or injury land management activities. Throughout than compensated by natural and associated with relocating condors that the entire California condor captive reproduction. have left the area will be avoided. experimental population area, you will Issue 12: There is a concern that the However, inconsistent food supplies not be in violation of the Act if you increase in recreational activity due to make it impossible to predict with unavoidably and unintentionally take bird-watchers and other visitors coming certainty the future foraging patterns of (including killing or injuring) a to the Vermilion Cliffs area to view the this population. Should the designated California condor, provided such take is condors could result in impacts to the area prove to be inadequate, the Service non-negligent and incidental to a lawful local environment (e.g., off-road travel, has the option to revise this rule to activity, such as hunting, driving, or littering, trespass). increase the designated area or change recreational activities, and you report Service Response: Highway 89A the take as soon as possible. Therefore, parallels the Vermilion Cliffs for its configuration based on the movements of the birds. neither the ‘‘context’’ nor ‘‘intensity’’ approximately 45km (28mi), affording test of significance of affect of the Issue 15: Several points concerning excellent opportunities to view condors proposed action under NEPA would compliance with the National (U.S. Fish and Wildlife Service 1995b). trigger the preparation of an Environmental Policy Act (NEPA) were The interpretive centers at the Navajo environmental impact statement. Bridge and Jacob Lake will be supplied raised. These were: inadequate public NEPA specifically provides that the with information on the natural history notice was provided for the proposed lead Federal agency, a project applicant, and status of the condors. The project; that an environmental impact or a contractor may prepare the required Dominguez-Escalante interpretive statement, not an environmental environmental documentation. pullout and the House Rock Overlook assessment, is necessary due to the large However, regardless of who prepares will provide excellent panoramic views area of the nonessential experimental these documents, it does not diminish of the Vermilion Cliffs (U.S. Fish and designation; and there is a perceived the lead agency’s responsibilities to Wildlife Service 1995b). With these conflict of interest with the Peregrine provide guidance and participate in the opportunities available and the unpaved Fund who was the contractor that preparation of the environmental roads unsuitable for most passenger prepared the environmental assessment. assessment, independently evaluate the vehicles, it is anticipated that virtually Service Response: The California information included in the documents, all wildlife viewing will be done from condor recovery effort in northern make its own evaluation of the the paved highway. Arizona/southern Utah represents the environmental issues, and take Issue 13: There is a concern that the culmination of over 6 years of work responsibility for the scope and content use of the ‘‘nonessential experimental’’ with State, Federal, Tribal, and of the environmental assessment. The designation will not provide adequate Municipal agencies, and the general Service reviewed and evaluated protection for this population. public. The Service has sponsored or information in the EA while it was Service Response: A Memorandum of participated in public meetings and being developed and believes the Understanding (MOU) developed by the provided public comment periods on conclusions drawn through the EA Service, Arizona Game and Fish both the draft EA and this rulemaking process are appropriate and fully Department, State of Utah Department in an attempt to inform all interested supportable as demonstrated by of Natural Resources, Division of parties throughout the experimental adopting the EA, distributing the EA as Wildlife Resources, Bureau of Land population area of the proposed project. a Service document and preparing a Management, Grand Canyon National Refer to the above introductory Finding of No Significant Impact based Park, Glen Canyon National Recreation paragraphs of the ‘‘Summary of upon that EA. Area, Kaibab National Forest, The Comments and Recommendations’’ Issue 16: The release of a nonessential Peregrine Fund, Hualapai Tribe, The section of this rule for a more detailed experimental population of California Navajo Nation, The Los Angeles Zoo, account of announcements and legal condors was opposed because it was Zoological Society of San Diego, and notices, meetings, and comment seen by some as facilitating the The Phoenix Zoo is in final form. This periods. The Service believes that it has designation of the reintroduction area as MOU is designed to achieve fully met the requirements and intent of a wilderness area. conservation of the California condor NEPA for full public involvement and Service Response: As discussed through voluntary agreement to manage the disclosure of the effects of the earlier in this final rule, the this population according to the proposed action. reintroduction area was selected as the 54056 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations area for reintroduction because of its of condors are prohibited and subject to not have any significant federalism remoteness and because it contained criminal prosecution. effects as described in the Order. habitat features used by condors. The Issue 19: The Service should explain The 30-day delay between publication Service’s decision to issue this final rule whether or not any interaction is of a final rule and its effective date as to establish a nonessential experimental expected between California condors provided by the Administrative population of California condors and to and Mexican spotted owls. Procedure Act (5 U.S.C. 553(d)(3)) has reintroduce condors is not intended to Service Response: The Service does been waived. The prompt support or to oppose the designation of not expect any interaction between reintroduction of the current release any wilderness areas. Wilderness areas condors and Mexican spotted owls. candidates is desirable for the following are designated via an Act of Congress Condors prefer relatively open areas, reasons: The space currently utilized by after extensive review by the Federal whereas owls prefer denser forests. this year’s condor cohort will soon be land manager and other interested National Environmental Policy Act needed to house next year’s release parties. candidates; and the longer young A final environmental assessment as Issue 17: The Service’s definition of condors are held in captivity beyond the defined under authority of the National take is too broad. The Service could optimal release window of 6 to 10 Environmental Policy Act (NEPA), has interpret take incidental to otherwise months, the more difficult they are to been prepared and is available to the lawful activities (e.g., road building or manage at release time, increasing the public at the Service office identified in widening, farming, construction projects risk to the birds. Therefore, good cause the ADDRESSES section. This assessment such as housing developments) to exists for this rule to be effective formed the basis for the decision that constitute avoidable take. The terms immediately upon publication. the California condor reintroduction is ‘‘unavoidable’’ and ‘‘accidental’’ were not a major Federal action which would References Cited seen as being too vague, and impossible significantly affect the quality of the for a defendant to prove in court. A complete list of all references cited human environment within the meaning Service Response: Take of an herein is available upon request from of section 102(2)(C) of NEPA. endangered or threatened species is the Arizona Field Office or Ventura prohibited by the Act, and carries Migratory Bird Treaty Act Field Office. (See ADDRESSES section.) criminal penalties for knowing The final rule will not affect Author violation. In this rule, take is prohibited protection provided to the California except where such take is unavoidable condor by the Migratory Bird Treaty Act The primary author of this rule is and unintentional (including killing or (MBTA). The take of all migratory birds, Robert Mesta, U.S. Fish and Wildlife injuring), provided such take is non- including the California condor, is Service, Ecological Services, Ventura negligent and incidental to a lawful governed by the MBTA. The MBTA Field Office. (See ADDRESSES section.) activity, such as hunting, driving, or regulates the taking of migratory birds List of Subjects in 50 CFR Part 17 recreational activities and the take is for educational, scientific, and Endangered and threatened species, reported as soon as possible. Thus recreational purposes. activities such as shooting, or Exports, Imports, Reporting and Record intentionally harassing, or attempting to Required Determinations Keeping requirements, and run over a condor with a motor vehicle This final rule was subject to Office of Transportation. are prohibited, and subject to criminal Management and Budget review under Regulation Promulgation prosecution. Executive Order 12866. The rule will As noted above, the rule also provides not have a significant economic effect PART 17Ð[AMENDED] that take that is ‘‘non-negligent and on a substantial number of small entities incidental to an otherwise lawful under the Regulatory Flexibility Act (5 Accordingly, the Service hereby activity’’ is not prohibited. Thus, U.S.C. 601 et seq.). Based on the amends part 17, subchapter B of Chapter construction activities, road building or information discussed in this rule I, Title 50 of the Code of Federal widening, and farming, if performed in concerning public projects and private Regulations as set forth below: the above described manner, would not activities within the experimental 1. The authority citation for part 17 constitute take. population area, the rule will not cause continues to read as follows: Issue 18: The Service should provide significant economic impacts. Also, no Authority: 16 U.S.C. 1361–1407; 16 U.S.C. a 100 percent guarantee that the release direct costs, enforcement costs, 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– of California condors will not in any information collection, or record- 625, 100 Stat. 3500, unless otherwise noted. way restrict the use of private property, keeping requirements are imposed on 2. In Section 17.11(h), the table entry including use of water rights. small entities by this action and the rule ‘‘Condor, California’’ under BIRDS is Service Response: As discussed under contains no record-keeping revised to read as follows: Issue 17 above, otherwise lawful requirements, as defined in the activities such as farming, ranching, Paperwork Reduction Act of 1980 (44 § 17.11 Endangered and threatened road building, and construction projects U.S.C. 350 et seq.). This rule does not wildlife. on private land should not be restricted. require a federalism assessment under * * * * * Activities such as the intentional killing Executive Order 12612 because it would (h) * * *

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

******* BIRDS Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 54057

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

******* Condor, California ..... Gymnogyps U.S.A. (AZ, CA, OR, U.S.A. only, except E 1,597 17.95(b) NA californianus. UT), Mexico (Baja where listed as an California). experimental pop- ulation below.. Do ...... do ...... do ...... U.S.A. (specific por- XN 597 NA 17.84(j) tions of Arizona, Nevada, and Utah).

*******

3. Section 17.84 is amended by condor relocation will be documented, with Highway 191 west across Arizona adding paragraph (j) to read as follows: reported and resolved in as an to Kingman; the western boundary starts expedient manner as appropriate to the at Kingman, goes northwest on Highway § 17.84 Special rulesÐvertebrates. specific situation to protect condors and 93 to Interstate Highway 15, continues * * * * * avoid conflicts. Prior to any efforts to northeasterly on Interstate Highway 15 (j) California condor (Gymnogyps relocate condors, the Service will obtain in Nevada and Utah, to Interstate californianus). permission from the appropriate Highway 70 in Utah; where the northern (1) The California condor (Gymnogyps landowner(s); boundary starts and goes across Utah to californianus) population identified in (iii) To relocate California condors Highway 191; where the eastern paragraph (j)(8) of this section is a that have moved outside the boundary starts and goes south through nonessential experimental population, experimental population area, by Utah until Highway 191 meets Interstate and the release of such population will returning the condor to the Highway 40 in Arizona (See map at end further the conservation of the species. experimental population area or moving of this paragraph (j)). (2) You must not take any California it to a captive breeding facility. All (i) All California condors released into condor in the wild in the experimental captures and relocations from outside the experimental population area, and population area except as provided by the experimental population area will their offspring, are to be marked and this rule: be coordinated with Service visually identifiable by colored and (i) Throughout the entire California Cooperators, and conducted with the coded patagial wing markers. condor experimental population area, permission of the landowner(s) or you will not be in violation of the (ii) The Service has designated the appropriate land management agency(s). experimental population area to Endangered Species Act (Act) if you (iv) To aid a sick, injured, or unavoidably and unintentionally take accommodate the potential future orphaned California condor; movements of a wild population of (including killing or injuring) a (v) To salvage a dead specimen that California condor, provided such take is condors. All released condors and their may be useful for scientific study; or progeny are expected to remain in the non-negligent and incidental to a lawful (vi) To dispose of a dead specimen. activity, such as hunting, driving, or (5) Any taking pursuant to paragraphs experimental area due to the geographic recreational activities, and you report (j)(2), (j)(4)(iv), (j)(4)(v), and (j)(4)(vi), of extent of the designation. the take as soon as possible as provided this section must be reported as soon as (9) The nonessential experimental under paragraph 5 below. possible to the Field Supervisor, U.S. population area includes the entire (3) If you have a valid permit issued Fish and Wildlife Service, Ecological highway rights-of-way of the highways by the Service under § 17.32, you may Services, Arizona Field Office, Phoenix, in paragraph (j)(8) of this section that take California condors in the wild in 2321 W. Royal Palm Road, Suite 103, constitute the perimeter boundary. All the experimental population area, Arizona (telephone 602/640–2720) who California condors found in the wild pursuant to the terms of the permit. will determine the disposition of any within these boundaries will comprise (4) Any employee or agent of the Fish live or dead specimens. the experimental population. and Wildlife Service (Service), Bureau (6) You must not possess, sell, deliver, (i) The experimental population is to of Land Management or appropriate carry, transport, ship, import, or export be monitored during the reintroduction State wildlife agency, who is designated by any means whatsoever, any project. All California condors are to be for such purposes, when acting in the California condor or part thereof from given physical examinations before course of official duties, may take a the experimental population taken in being released. California condor from the wild in the violation of this paragraph (j) or in (ii) If there is any evidence that the experimental population area and violation of applicable State or Tribal condor is in poor health or diseased, it vicinity if such action is necessary: laws or regulations or the Act. will not be released to the wild. (i) For scientific purposes; (7) It is unlawful for you to attempt to (iii) Any condor that displays signs of (ii) To relocate California condors commit, solicit another to commit, or illness, is injured, or otherwise needs within the experimental population area cause to be committed, any offense special care may be captured by to improve condor survival, and to defined in paragraphs (j)(2) and (j)(6) of authorized personnel of the Service, address conflicts with ongoing or this section. Bureau of Land Management, or proposed activities, or with private (8) The designated experimental appropriate State wildlife agency or landowners, when removal is necessary population area of the California condor their agents, and given the appropriate to protect the condor, or is requested by includes portions of three states— care. These condors are to be re-released an adversely affected landowner or land Arizona, Nevada, and Utah. The into the reintroduction area as soon as manager, or other adversely affected southern boundary is Interstate possible, unless physical or behavioral party. Adverse effects and requests for Highway 40 in Arizona from its junction problems make it necessary to keep 54058 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations them in captivity for an extended period released condors are not finding food on No designation of critical habitat will be of time, or permanently. their own, serious consideration will be made for nonessential populations (16 (10) The status of the reintroduction given to terminating the project. U.S.C. § 1539(j)(2)(C)(ii). project is to receive an informal review (11) The Service does not intend to (ii) Legal actions or other on an annual basis and a formal pursue a change in the nonessential circumstances may compel a change in evaluation within the first 5 years after experimental population designation to this nonessential experimental the initial release, and every 5 years experimental essential, threatened, or population’s legal status to essential, thereafter. This evaluation will include, endangered, or modify the experimental threatened, or endangered, or compel but not be limited to: a review of population area boundaries without the Service to designate critical habitat management issues; compliance with consulting with and obtaining the full for the California condors within the agreements; assessment of available cooperation of affected parties located experimental population area defined in carrion; dependence of older condors on within the experimental population supplemental food sources; post release area, the reintroduction program this rule. If this happens, all California behavior; causes and rates of mortality; cooperators identified in the condors will be removed from the area alternative release sites; project costs; memorandum of understanding (MOU) and this experimental population rule public acceptance; and accomplishment for this program, and the cooperators will be revoked, unless the parties to the of recovery tasks prescribed in identified in the agreement for this MOU and agreement existing at that California Condor Recovery Plan. The program. time agree that the birds should remain number of variables that could affect (i) The Service does not intend to in the wild. Changes in the legal status this reintroduction project make it change the status of this nonessential and/or removal of this population of difficult to develop criteria for success population until the California condor is California condors will be made in or failure after 5 years. However, if after recovered and delisted in accordance compliance with any applicable Federal 5 years the project is experiencing a 40 with the Act or if the reintroduction is rulemaking and other procedures. percent or greater mortality rate or not successful and the rule is revoked. BILLING CODE 4310±55±P Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations 54059 54060 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Rules and Regulations

Dated: October 8, 1996. George T. Frampton, Jr., Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 96–26535 Filed 10–15–96; 8:45 am] BILLING CODE 4310±55±C federal register October 16,1996 Wednesday Principles; Notice Code ofEnvironmentalManagement Protection Agency Environmental Part VIII 54061 54062 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices

ENVIRONMENTAL PROTECTION groups have increasingly sought a more program is geared toward recognizing AGENCY responsible standard of care toward the those departments, agencies, and environment from various sectors of Federal installations where mission [FRL±5636±4] industry and other private accomplishment and environmental leadership become synonymous and to Code of Environmental Management organizations. In response, more and highlight these accomplishments as Principles more companies and trade associations have begun initiatives that call for models for both Federal and private AGENCY: Environmental Protection identifying their environmental impacts, organizations. Agency. measuring their successes in meeting On September 12, 1995, senior agency representatives signed the Charter for ACTION: Announcement of EPA’s environmental objectives, sanctioning Issuance of the Code of Environmental shortcomings, recognizing the Interagency Pollution Prevention Task Force committing the Federal Management Principles for Federal accomplishments, and making Government to achieve, among other Agencies. continuous improvement. Recently the growing popularity of national and items, environmental excellence SUMMARY: This notice serves as a public international consensus based through various activities including: (a) announcement of the issuance of the environmental management standards Active agency and facility participation Code of Environmental Management among industry demonstrates this trend. in the Federal Government Principles or the CEMP developed by However, the public has also demanded Environmental Challenge Program and, EPA in consultation with other Federal that the Federal Government and its (b) participation in the establishment of Agencies as mandated by Executive agencies and departments, also an agency Code of Environmental Order 12856 (‘‘Federal Compliance With demonstrate a commitment to a Management Principles. Right-to-Know Laws and Pollution common environmental ethic. EPA EPA has been working to develop the Prevention Requirements’’) signed by believes that if the Federal Government CEMP through the Interagency Pollution President Bill Clinton on August 3, is willing to make a public commitment Prevention Task Force, which was 1993. On September 3, 1996, EPA to voluntarily adopt an appropriate code created by the Executive Order, since transmitted the CEMP to Federal agency of environmental ethics or conduct, January 1995. In June 1995, a executives who signed the Charter for which is at least equivalent to the subcommittee of Federal agency the Interagency Executive Order 12856 commitment demonstrated by representatives was formed by the Task Pollution Prevention Task Force in environmental leaders in the private Force to work directly with EPA in the September 1995, requesting written sector, and hold itself accountable for development of the CEMP. Through this commitment to the principles contained implementing these principles, then process, several drafts of the CEMP were forwarded to Federal agencies by the in the CEMP. EPA also is asking Federal significant progress can be made toward subcommittee for formal review and agency executives to provide a written improving public trust and confidence comment. This version of the CEMP statement declaring their agency’s toward Federal facility environmental represents the final version as approved support for the CEMP principles along performance. by the subcommittee and incorporates with a description of the agency’s plans On August 3, 1993, President Clinton comments from members of the for implementation of the CEMP at the signed Executive Order No. 12856, Interagency Task Force. facility level. which pledges the Federal Government On September 3, 1996, Steve Herman, DATES: EPA has asked for written to implement pollution prevention the EPA Assistant Administrator for responses from Federal agency measures, and publicly report and Enforcement and Compliance executives by October 1, 1996. reduce the generation of toxic and Assurance, signed a letter transmitting Extensions to requesting agencies hazardous chemicals and associated the CEMP to the Federal agency have been granted to October 18, 1996. emissions. Section 4–405 of Executive executives who had signed the Charter EPA plans to issue a summary of agency Order 12856 requires the Administrator for the Interagency Executive Order responses in January 1997. of the Environmental Protection Agency 12856 Pollution Prevention Task Force FOR FURTHER INFORMATION CONTACT: (EPA), in cooperation with Federal in September 1995, requesting written James Edward, Acting Associate agencies, to establish a Federal commitment to the Principles contained Director, Federal Facilities Enforcement Government Environmental Challenge in the CEMP. In this letter, EPA also Office, Office of Enforcement and Program. Similar to the ‘‘Environmental asked each agency to provide a written Compliance Assurance, United States Leadership’’ program proposed in 1993 statement declaring their support for the Environmental Protection Agency, 401 by EPA’s Office of Enforcement, the CEMP principles at the agency level M Street, SW., Washington DC 20460, program is designed to recognize and along with a description of their plans telephone 202–564–2462 or Andrew reward outstanding environmental for implementation of the CEMP at the Cherry, U.S. Environmental Protection management performance in Federal facility level. Agency, 401 M Street, SW., Washington, agencies and facilities. As required EPA is seeking endorsement of the DC. 20460, phone (202) 564–5011, fax under the Executive Order, the program CEMP Principles on an agency wide (202) 501–0069 shall consist of three components to basis, with flexibility as to how the challenge Federal agencies to: (1) Agree Principles themselves are implemented SUPPLEMENTARY INFORMATION: to a code of environmental principles at the facility level. For example, I. Explanation of the CEMP emphasizing pollution prevention, agencies can choose to directly sustainable development, and ‘‘state of implement the CEMP Principles at the A. Background the art’’ environmental management facility level or use another alternative EPA believes that leadership programs; (2) submit applications to environmental management system opportunities in environmental EPA for individual Federal facilities for (e.g., ISO 14001). This flexible approach management should be fully realized for recognition as ‘‘Model Installations’’; is in recognition that of the fact that the Federal agencies and departments and (3) encourage individual Federal individual Federal facilities and throughout the U.S. Government. employees to demonstrate outstanding installations may already have American citizens and other stakeholder leadership in pollution prevention. The environmental management systems in Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 54063 place or are considering adoption of the 2. Compliance Assurance and Pollution at all levels and assigns responsibility ISO 14001 Environmental Management Prevention for carrying out the activities of the Standard. The agency implements proactive program. Management sets the priorities, It is also important to point out that programs that aggressively identify and assigns key personnel, and allocates the term ‘‘agency’’ is used throughout address potential compliance problem areas and utilize pollution prevention funding for agency activities. In order to the CEMP to represent the participation obtain management approval and approaches to correct deficiencies and of individual Federal Government support, the environmental management improve environmental performance. entities. It should be recognized that program must be seen as vital to the many Cabinet-level ‘‘agencies’’ have 3. Enabling Systems functioning of the organization and as a multiple levels of organization and The agency develops and implements positive benefit, whether it be in contain independently operating bodies the necessary measures to enable financial terms or in measures such as (known variously as bureaus, personnel to perform their functions regulatory compliance status, departments, administrations, services, consistent with regulatory requirements, production efficiency, or worker major commands, etc.) with distinct agency environmental policies and its protection. If management commitment mission and function responsibilities. overall mission. is seen as lacking, environmental Therefore, while it is expected that a concerns will not receive the priority ‘‘parent agency’’ would subscribe to the 4. Performance and Accountability they deserve. CEMP, each parent agency will have to The agency develops measures to Organizations that consistently determine the most appropriate level(s) address employee environmental demonstrate management support for of explicit CEMP implementation for its performance, and ensure full pollution prevention and environmental organization. Regardless of the level of accountability of environmental compliance generally perform at the highest levels and will be looked upon implementation chosen for the functions. as leaders that can mentor other organization, it is important that the 5. Measurement and Improvement organizations wishing to upgrade their parent agency or department The agency develops and implements environmental performance. demonstrate a commitment to these a program to assess progress toward 1.1.1 Policy Development. The agency principles. meeting its environmental goals and establishes an environmental policy With respect to the other two uses the results to improve followed by an environmental program components of the Federal Government environmental performance. that complements its overall mission Environmental Challenge Program, EPA strategy. II. Implementation of the Code of will merge the E.O. 12856 Model Management must take the lead in Environmental Management Principles Installation Program with EPA—s developing organizational goals and Environmental Leadership Program Each of the five principles, which instilling the attitude that all (ELP), which is also open to private provide the overall purpose of the step organization members are responsible facilities, when the ELP becomes a full- in the management cycle, is supported for implementing and improving scale program in 1997. One of the by Performance Objectives, which environmental management measures, as well as develop criteria for evaluating prerequisites for Federal facility provide more information on the tools how well overall goals are met. The participation in the ELP will be agency and mechanisms by which the environmental policy will be the endorsement of the CEMP principles. In principles are fulfilled. The principles statement that establishes commitments, addition, EPA will also the individual and supporting Performance Objectives are intended to serve as guideposts for goals, priorities, and attitudes. It employee recognition component of the organizations intending to implement incorporates the organization’s mission Challenge Program with the Executive environmental management programs or (purpose), vision (what it plans to Order 12873 Closing the Circle Awards improve existing programs. It is become), and core values (principles by Program beginning in 1996. expected that each of these principles which it operates). The environmental B. Overview of the CEMP and objectives would be incorporated policy also addresses the requirements into the management program of every and concerns of stakeholders and how Five broad environmental organization. The degree to which each the environmental policy relates to management principles have been is emphasized will depend in large part other organizational policies. developed to address all areas of on the specific functions of the 1.1.2 System Integration. The agency environmental responsibility of Federal implementing organization. An initial integrates the environmental agencies. More discussion of the intent review of the existing program will help management system throughout its and focus of each principle and the organization to determine where it operations, including its funding and supporting elements may be found in stands and how best to proceed. staffing requirements, and reaches out to other organizations. the next section, ‘‘Implementation of Principle 1: Management Commitment The Code of Environmental Management should institutionalize Management Principles.’’ The five The agency makes a written top- the environmental program within Principles are as follows: management commitment to improved organizational units at all levels and environmental performance by should take steps to measure the 1. Management Commitment establishing policies which emphasize organization’s performance by pollution prevention and the need to incorporating specific environmental The agency makes a written top- ensure compliance with environmental performance criteria into managerial management commitment to improved requirements. and employee performance evaluations. environmental performance by Organizations that fulfill this establishing policies which emphasize Performance Objectives principle demonstrate consistent high- pollution prevention and the need to 1.1 Obtain Management Support. The level management commitment, ensure compliance with environmental agency ensures support for the integrate an environmental viewpoint requirements. environmental program by management into planning and decision-making 54064 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices activities, and ensure the availability of organization. Satisfaction of this Section 3–301(b) of Executive Order adequate personnel and fiscal resources performance objective requires a clear 12856 requires the head of each Federal to meet organizational goals. This and distinct compliance management agency to make a commitment to involves incorporating environmental program as a component of the agency’s utilizing pollution prevention through performance into decision-making overall environmental management source reduction, where practicable, as processes along with factors such as system. a primary means of achieving and cost, efficiency, and productivity. An agency that fully incorporates the maintaining compliance with all 1.2 Environmental Stewardship and tenets of this principle demonstrates applicable Federal, State and local Sustainable Development. The agency maintainable regulatory compliance and environmental requirements. strives to facilitate a culture of addresses the risk of non-compliance Principle 3: Enabling Systems environmental stewardship and swiftly and efficiently. It also has sustainable development. established a proactive approach to The agency develops and implements ‘‘Environmental Stewardship’’ refers compliance through tracking and early the necessary measures to enable to the concept that society should identification of regulatory trends and personnel to perform their functions recognize the impacts of its activities on initiatives and maintains effective consistent with regulatory requirements, environmental conditions and should communications with both regulatory agency environmental policies and it’s adopt practices that eliminate or reduce authorities and internally to coordinate overall mission. negative environmental impacts. The responses to those initiatives. It also Performance Objectives President’s Council on Sustainable requires that contractors demonstrate Development was established on June their commitment to responsible 3.1 Training. The agency ensures that 29, 1993 by Executive Order 12852. The environmental management and personnel are fully trained to carry out Council has adopted the definition of provides guidance to meet specified the environmental responsibilities of sustainable development as; ‘‘meeting standards. their positions. Comprehensive training is crucial to the needs of the present without 2.2 Emergency Preparedness. The compromising the ability of future the success of any enterprise. People agency develops and implements a need to know what they are expected to generations to meet their own needs’’. program to address contingency An organization’s commitment to do and how they are expected to do it. planning and emergency response An organization will be operating at the environmental stewardship and situations. sustainable development would be highest level when it has an established Emergency preparedness is not only training program that provides demonstrated through implementation required by law, it is good business. of several of the CEMP Principles and instruction to all employees sufficient to Properly maintained facilities and perform the environmental aspects of their respective Performance Objectives. trained personnel will help to limit For example, by implementing pollution their jobs, tracks training status and property damage, lost-time injuries, and requirements, and offers refresher prevention and resource conservation process down time. measures (see Principle 2, Performance training on a periodic basis. Commitment to this principle is Objective 2.3), the agency can reduce its 3.2 Structural Supports. The agency demonstrated by the institution of negative environmental impacts develops and implements procedures, formal emergency-response procedures resulting directly from its facilities. In standards, systems, programs, and (including appropriate training) and the addition, by including the concepts of objectives that enhance environmental appropriate links between health and environmental protection and performance and support positive safety programs (e.g., medical sustainability in its policies, the agency achievement of organizational monitoring for Federal employees can help develop the culture of environmental and mission goals. performing hazardous site work). environmental stewardship and Clear procedures, standards, systems, 2.3 Pollution Prevention and Resource sustainable development not only programs, and short- and long-term Conservation. The agency develops a within the agency but also to those parts objectives must be in place for the program to address pollution prevention of society which are affected by the organization to fulfill its vision of and resource conservation issues. agency’s activities. environmental responsibility. A An organization committed to streamlined set of procedures, Principle 2: Compliance Assurance and pollution prevention has a formal standards, systems, programs, and goals Pollution Prevention. program describing procedures, that describe and support the The agency implements proactive strategies, and goals. In connection with organization’s commitment to programs that aggressively identify and the formal program, the most advanced responsible environmental management address potential compliance problem organizations have implemented policy and further the organization’s mission areas and utilize pollution prevention that encourages employees to actively demonstrate conformance with this approaches to correct deficiencies and identify and pursue pollution principle. improve environmental performance. prevention and resource conservation 3.3 Information Management, measures, and instituted procedures to Communication, Documentation. The Performance Objectives incorporate such measures into the agency develops and implements 2.1 Compliance Assurance. The formal program. Resource conservation systems that encourage efficient agency institutes support programs to practices would address the use by the management of environmentally-related ensure compliance with environmental agency of energy, water, and information, communication, and regulations and encourages setting goals transportation resources, among others. documentation. beyond compliance. Pollution prevention policies and Information management, Implementation of an environmental practices should follow the communication, and documentation are management program should be a clear environmental management hierarchy necessary elements of an effective signal that non-compliance with prescribed in the Pollution Prevention environmental management program. regulations and established procedures Act of 1990: (1) Source reduction; (2) The need for advanced information is unacceptable and injurious to the recycling; (3) treatment; and (4) management capabilities has grown operation and reputation of the disposal. significantly to keep pace with the Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices 54065 volume of available information to be (where appropriate), evaluate employee organization is able to see how it sifted, analyzed, and integrated. The performance against those measures, compares with those whose ability to swiftly and efficiently digest and publicly recognize and reward performance it wishes to emulate; data and respond to rapidly changing employees for excellent environmental second, it allows the organization to conditions can be key to the continued performance through a formal program benefit from the experience of the peak- success of an organization. demonstrate conformance with this performers, whether it be in process or Organizations adopting this principle principle. managerial practices. have developed a sophisticated Benchmarking against established information gathering and Principle 5: Measurement and management standards, such as the ISO dissemination system that supports Improvement: 14000 series or the Responsible Care tracking of performance through The agency develops and implements program developed by the Chemical measurement and reporting. They also a program to assess progress toward Manufacturers Association (CMA), may have an effective internal and external meeting it’s environmental goals and be useful for those agencies with more communication system that is used to uses the results to improve mature environmental programs, keep the organization informed environmental performance. particularly if the agencies’ activities are regarding issues of environmental such that their counterparts in the Performance Objectives concern and to maintain open and private sector would be difficult to find. regular communication with regulatory 5.1 Evaluate Performance. The agency However, it should be understood that authorities and the public. Those develops a program to assess the greater benefit is likely to result organizations operating at the highest environmental performance and analyze from direct comparison to an level ensure that employees have access information resulting from those organization that is a recognized to necessary information and implement evaluations to identify areas in which environmental leader in its field. measures to encourage employees to performance is or is likely to become 5.2 Continuous Improvement. The voice concerns and suggestions. substandard. agency implements an approach toward Measurement of performance is continuous environmental improvement Principle 4: Performance and necessary to understand how well the that includes preventive and corrective Accountability organization is meeting its stated goals. actions as well as searching out new The agency develops measures to Businesses often measure their opportunities for programmatic address employee environmental performance by such indicators as net improvements. performance, and ensure full profit, sales volume, or production. Two Continuous improvement is accountability of environmental approaches to performance approached through the use of functions. measurement are discussed below. performance measurement to determine 5.1.1 Gather and Analyze Data. The which organizational aspects need to Performance Objectives agency institutes a systematic program have more attention or resources 4.1 Responsibility, Authority and to periodically obtain information on focused upon them. Accountability. The agency ensures that environmental operations and evaluate Continuous improvement may be personnel are assigned the necessary environmental performance against demonstrated through the authority, accountability, and legal requirements and stated objectives, implementation of lessons learned and responsibilities to address and develops procedures to process the employee involvement programs that environmental performance, and that resulting information. provide the opportunity to learn from employee input is solicited. Managers should be expected to past performance and incorporate At all levels, those personnel provide much of the necessary constructive suggestions. In addition, designated as responsible for information on performance through the agency actively seeks comparison completing tasks must also receive the routine activity reports that include with and guidance from other requisite authority to carry out those environmental issues. Performance of organizations considered to be tasks, whether it be in requisitioning organizations and individuals in performing at the highest level. supplies or identifying the need for comparison to accepted standards can IV. Responses From Federal Agencies additional personnel. Similarly, also be accomplished through periodic and Departments employees must be held accountable for environmental audits or other their environmental performance. assessment activities. EPA is requesting Federal agencies to Employee acceptance of accountability The operation of a fully-functioning provide a brief written statement is improved when input is solicited. system of regular evaluation of declaring the agency’s support for the Encouraging employees to identify environmental performance along with CEMP Principles along with a concise barriers to effective performance and to standard procedures to analyze and use explanation of how the agency plans to offer suggestions for improvement information gathered during evaluations implement the CEMP at the facility provides a feeling of teamwork and a signal an organization’s conformance level. To implement the CEMP the sense that they control their own with this principle. agency may choose to employ voluntary destiny, rather than having it imposed 5.1.2 Institute Benchmarking. The environmental management standards from above. agency institutes a formal program to developed by national or international 4.2 Performance Standards. The compare its environmental operations consensus groups or by industry trade agency ensures that employee with other organizations and associations as long as the spirit of the performance standards, efficiency management standards, where CEMP is evidenced by those chosen ratings, or other accountability appropriate. standards. At this time, EPA is seeking measures, are clearly defined to include ‘‘Benchmarking’’ is a term often used agency level commitment to the CEMP. environmental issues as appropriate, for the comparison of one organization EPA recognizes that many Federal and that exceptional performance is against others, particularly those that agencies may have already begun recognized and rewarded. are considered to be operating at the development of environmental Organizations that identify specific highest level. The purpose of management systems or have chosen to environmental performance measures Benchmarking is twofold: first, the implement a particular environmental 54066 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Notices management standard at their facilities. EPA recommends that these agencies leverage the work that has already been accomplished, and perform some comparative or gap analysis between the existing environmental management system, program or standard and the CEMP to ensure that the principles of the CEMP are fully implemented. Therefore the CEMP can be implemented concurrently and not in addition to the work that is already being performed at the agency. Dated: September 23, 1996. Steven A. Herman, Assistant Administrator for Enforcement and Compliance Assurance. [FR Doc. 96–26451 Filed 10–15–96; 8:45 am] BILLING CODE 6560±50±P federal register October 16,1996 Wednesday Proclamation 6940ÐColumbusDay,1996 Day, 1996 Proclamation 6939ÐNationalChildren's Lunch Week,1996 Proclamation 6938ÐNationalSchool Counts Week,1996 Proclamation 6937ÐNationalCharacter The President Part IX 54067

54069

Federal Register Presidential Documents Vol. 61, No. 201

Wednesday, October 16, 1996

Title 3— Proclamation 6937 of October 11, 1996

The President National Character Counts Week, 1996

By the President of the United States of America

A Proclamation One of our most important goals as a Nation is to make this a better world for all people. Millions around the globe look to America as a champion of justice, and we must always strive to encourage the good and denounce the bad. This week, as a Nation, we celebrate the fact that ‘‘Character Counts.’’ Whether in civic activities or in our daily lives at work and at home, we all contribute regularly to our American community and our national purpose—our sense of who we are as a people. In the end, the character of our Nation is determined by the character of our citizens. During this special week, we recognize that character is not a quality we are born with; we must learn it. This means we must ensure that it is taught, clearly and thoughtfully, to our youth. Individual character involves honoring and embracing certain core ethical values: honesty, respect, respon- sibility, hard work, fairness, caring, civic virtue, and citizenship. Americans must do everything possible to create a society in which these virtues are not only taught but also acted out in daily life so that our young people can witness firsthand their value and learn right from wrong. My Administration has made this effort a top priority. Our Improving Ameri- ca’s Schools Act promotes initiatives in character education, just as the Goals 2000: Educate America Act recognizes the crucial role of the family in nurturing strong values and encouraging children to embrace academic achievement. Our AmeriCorps national service program offers young people a practical means through which to demonstrate their beliefs in the civic virtues that traditionally have given our Nation much of its strength of character. The family remains, of course, the core source of our values. Parents must teach their children from the earliest age, the difference between right and wrong. But we all must do our part. Teachers, religious leaders, and other early-childhood role models must display the highest standards of respect for themselves and others; young people must commit themselves to dealing nonviolently with the inevitable problems and difficulties they will encoun- ter; and both public- and private-sector institutions must adopt corporate behavior that encourages individual character development. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim October 13 through 19, 1996, as National Character Counts Week. I call upon the people of the United States, Government officials, educators, and volunteers, to observe this week with appropriate programs, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of October, in the year of our Lord nineteen hundred and ninety-six, and 54070 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Presidential Documents

of the Independence of the United States of America the two hundred and twenty-first.

[FR Doc. 96–26770 œ– Filed 10–15–96; 11:31 am] Billing code 3195–01–P Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Presidential Documents 54071 Presidential Documents

Proclamation 6938 of October 11, 1996

National School Lunch Week, 1996

By the President of the United States of America

A Proclamation This school year, schools across the country are serving more healthful and more appealing school meals, and school-children are learning to make food choices for a nutritious diet. The National School Lunch Program, which began in 1946, is celebrating its 50th anniversary year with historic changes that will reduce diet-related diseases and improve the health outlook for America’s children. The 1996–97 school year is the first year that school meals must meet the Dietary Guidelines for Americans under the new School Meals Initiative for Healthy Children. This initiative, created to help schools make necessary improvements, is providing nutrition education for children and training and technical assistance for school food-service professionals. Early reports from pilot communities tell us that we are getting results. Food-service professionals are seeing children eat more fruits and vegetables. With the help of dedicated teachers, they are becoming better educated about what their bodies need. Improvements in school meals and nutrition education enhance the health of the 50 million children in the Nation’s 94,000 schools—strengthening the safety net for poor children who rely on school meals as their primary source of daily nutrition. Wholesome meals improve our children’s ability to learn today and brighten their health outlook for tomorrow. These improvements are already a reality at the local level. Team Nutrition Schools—of which there are now more than 14,000—reach 8.1 million chil- dren. These schools are community focal points for change, leading the way in bringing together teachers, parents, health professionals, local busi- nesses, and industry leaders to promote nutrition education and to work for more healthful school meals. These schools benefit from the resources made available through an innovative network of public-private partnerships. More than 200 organizations are part of an extensive support network that dramatically increases the impact and reach of a relatively small Federal investment. Since President Truman signed the National School Lunch Act 50 years ago, the Federal Government and local school food-service professionals have worked in partnership to meet the nutritional needs of America’s children. Now, together, they are ushering in an era of historic change and continuous improvement that promise a healthier future for all Ameri- cans. In recognition of the contributions of the National School Lunch Program to the nutritional well-being of children, the Congress, by joint resolution of October 9, 1962 (Public Law No. 87–780), has designated the week begin- ning the second Sunday in October of each year as ‘‘National School Lunch Week’’ and has requested the President to issue a proclamation in observance of that week. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim the week beginning October 13, 1996, as National School Lunch Week. I call upon all Americans to recognize those 54072 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Presidential Documents

individuals whose efforts contribute to the success of the National School Lunch Program and to observe this week with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of October, in the year of our Lord nineteen hundred and ninety-six, and of the Independence of the United States of America the two hundred and twenty-first.

[FR Doc. 96–26771 œ– Filed 10–15–96; 11:32 am] Billing code 3195–01–P Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Presidential Documents 54073 Presidential Documents

Proclamation 6939 of October 11, 1996

National Children’s Day, 1996

By the President of the United States of America

A Proclamation Our Nation benefits when every American child is truly valued and cher- ished. We have no greater responsibility or hope for our future than our children, and the promise of a better tomorrow depends upon the love, support, education, and encouragement that we give to each of them. It is up to all of us—parents and families, schools, churches, and community organizations—to join in the critical endeavor of putting the needs of our children first. Only when we reaffirm our commitment to our children’s well-being can we truly say that we are prepared for the challenges that await us in the next century. America is a country of many blessings—a rich land, a thriving democracy, a diverse and determined people. Our culture is built on faith in freedom, and opportunity, and on the spirit of community. In a Nation of such infinite promise, too many of our children face great obstacles in reaching their full potential, and it is imperative that we not turn our backs on them. Because safety, health, a clean environment, quality education, and economic security are the keys to a brighter future, they are necessary investments in the healthy growth and development of our children. Through measures such as expanding Head Start and child care, preserving Medicaid, enhancing child protection, protecting the environment, and increasing educational opportunity for all students, my Administration has demonstrated its commit- ment to ensuring that every child has the tools to become a productive citizen. As we work together in a spirit of community, let us seek to instill confidence, hope, pride, and self-esteem in our young people. Because today’s children are tomorrow’s leaders, educators, and parents, all of us—adults and chil- dren—forever will benefit from this commitment. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim October 13, 1996, as National Children’s Day. I urge all Americans to express their love and appreciation, not only on this day but also on all days, for their children and all of the children of this Nation. I invite Federal officials, State and local governments, and particularly the American family, to join in observing this day with appropriate ceremonies and activities to honor our Nation’s children. 54074 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Presidential Documents

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

[FR Doc. 96–26772 œ– Filed 10–15–96; 11:33 am] Billing code 3195–01–P Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Presidential Documents 54075 Presidential Documents

Proclamation 6940 of October 11, 1996

Columbus Day, 1996

By the President of the United States of America

A Proclamation Throughout our history, America has been inspired by the courage and daring of Christopher Columbus. Like him, we are a people who dare to dream, to chart a bold course, and to surmount formidable obstacles to reach new horizons. Columbus’ arrival in North America not only confirmed his beliefs about our planet, but also initiated an epic struggle between the Old and New Worlds. Yet out of that triumphant voyage and the meeting of many peoples developed a Nation and a way of life vastly unlike those Columbus left behind. The expedition that Columbus—an Italian supported by the Spanish Crown— began more than 500 years ago, continues today as we experience and celebrate the vibrant influences of varied civilizations, not only from Europe, but also from around the world. America is stronger because of this diversity, and the democracy we cherish flourishes in the great mosaic we have created since 1492. Americans of Italian and Spanish heritage can be particu- larly proud, not only of Columbus’ achievements, but also of their own contributions to our country. As we honor and remember Christopher Columbus, let us use his example as a beacon to help guide us into the 21st century. His life, his voyages, and—above all—his vision can inspire us as we prepare for the challenges that lie ahead. Let us remember that all of us, regardless of our origins, are important participants in that journey, and that our uncertainty about what lies over the horizon should not shake our faith that, together, we will succeed. In recognition of Columbus’ epic achievement, the Congress, by joint resolu- tion of April 30, 1934 (48 Stat. 657), and an Act of June 28, 1968 (82 Stat. 250), has requested the President to proclaim the second Monday in October of each year as ‘‘Columbus Day.’’ NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim October 14, 1996, as Columbus Day. I call upon the people of the United States to observe this day with appropriate ceremonies and activities. I also direct that the flag of the United States be displayed on all public buildings on the appointed day in honor of Christopher Columbus. 54076 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Presidential Documents

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

[FR Doc. 96–26773 œ– Filed 10–15–96; 11:34 am] Billing code 3195–01–P i

Reader Aids Federal Register Vol. 61, No. 201 Wednesday, October 16, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 3 CFR 958...... 52682 Public Laws Update Services (numbers, dates, etc.) 523±6641 981...... 53607 For additional information 523±5227 Proclamations: 989...... 52684 6922...... 51205 Presidential Documents 993...... 51356 6923...... 51347 1485...... 53303 Executive orders and proclamations 523±5227 6924...... 51767 3010...... 53608 The United States Government Manual 523±5227 6925...... 52233 Proposed Rules: Other Services 6926...... 52675 Ch. VI...... 52664 6927...... 52677 Ch. VII...... 52664 Electronic and on-line services (voice) 523±4534 6928...... 53289 Privacy Act Compilation 523±3187 201...... 51791 6929...... 53291 301...... 51376 TDD for the hearing impaired 523±5229 6930...... 53293 361...... 51791 6931...... 53295 407...... 52717 ELECTRONIC BULLETIN BOARD 6932...... 53297 997...... 51811 6933...... 53301 998...... 51811 Free Electronic Bulletin Board service for Public Law numbers, 6934...... 53591 999...... 51811 Federal Register finding aids, and list of documents on public 6935...... 53593 1214...... 51378, 51391 202±275±0920 inspection. 6936...... 53825 1466...... 53574 FAX-ON-DEMAND 6937...... 54069 6938...... 54071 8 CFR You may access our Fax-On-Demand service. You only need a fax 6939...... 54073 103...... 53303, 53830 machine and there is no charge for the service except for long 6940...... 54075 235...... 53830 distance telephone charges the user may incur. The list of Executive Orders: 274...... 52235 documents on public inspection and the daily Federal Register’s 13019...... 51763 286...... 53830 table of contents are available using this service. The document Administrative Orders: 292...... 53609 numbers are 7050-Public Inspection list and 7051-Table of Presidential Determinations: 299...... 53830 Contents list. The public inspection list will be updated No. 96±54 of Proposed Rules: immediately for documents filed on an emergency basis. September 28, 312...... 51250 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 1996 ...... 52679 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 9 CFR public inspection may be viewed and copied in our office located 5 CFR 92...... 52236 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand Ch. XIV ...... 51207 94...... 51769 telephone number is: 301±713±6905 Ch. LVIII...... 53827 102...... 52871 550 ...... 51319, 52497, 53490 104...... 52871 105...... 52871 FEDERAL REGISTER PAGES AND DATES, OCTOBER 7 CFR 113...... 51769 51205±51348...... 1 Ch. VI...... 52671 116...... 52871 51349±51574...... 2 Ch. VII...... 52671 304...... 53305 308...... 53305 51575±51766...... 3 6...... 53002 310...... 53305 51767±52232...... 4 12...... 53490 90...... 51349 320...... 53305 52233±52678...... 7 91...... 51349 327...... 53305 52679±52870...... 8 92...... 51349 381...... 53305 52871±53034...... 9 93...... 51349 416...... 53305 53035±53302...... 10 94...... 51349 417...... 53305 53303±53590...... 11 95...... 51349 Proposed Rules: 53591±53824...... 15 96...... 51349 91...... 52387 53825±54076...... 16 97...... 51349 10 CFR 98...... 51349 271...... 53595 2...... 53554 272...... 53595 13...... 53554 274...... 53595 Proposed Rules: 278...... 53595 20...... 52388 301...... 52190, 53601 30...... 51835 319...... 51208 32...... 51835, 52388 354...... 53603 35...... 52388 502...... 51210 36...... 52388 920...... 51575 39...... 52388 927...... 52681 40...... 51835 929...... 51353 50...... 51835 931...... 52681 52...... 51835 945...... 51354 60...... 51835 950...... 53606 61...... 51835 ii Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Reader Aids

70...... 51835 56...... 51498 26 CFR 477...... 54024 71...... 51835 73...... 51584 1...... 53058 489...... 54024 72...... 51835 177...... 51364, 538520 301...... 53058 490...... 54024 110...... 51835 178...... 51587 602...... 53058 491...... 54024 150...... 51835 312...... 51498 607...... 52399 Proposed Rules: 314...... 51498 608...... 52399 11 CFR 1 ...... 51256, 52902, 53161, 355...... 52285 53688 609...... 52399 Proposed Rules: 520...... 52690, 53614 301...... 53161 628...... 52399 104...... 52901 522...... 53320 636...... 52399 556...... 53320 27 CFR 637...... 52399 12 CFR 558...... 51588, 53615 645...... 52399 2...... 51777 Proposed Rules: 601...... 51498 55...... 53688 647...... 52399 213...... 52246 808...... 52602 649...... 52399 245...... 52875 812...... 51498, 52602 29 CFR 650...... 52399 264...... 53827 814...... 51498 655...... 52399 327...... 53834 270...... 51596 820...... 52602 4044...... 53623 658...... 52399 935...... 52686 1309...... 52287 660...... 52399 Proposed Rules: 1310...... 52287 30 CFR 661...... 52399 327...... 53867 1313...... 52287 934...... 52691 669...... 52399 620...... 53331 Proposed Rules: Proposed Rules: 630...... 53331 310...... 53685 35 CFR 935...... 52727 202...... 52735 330...... 51625 206...... 52735 Proposed Rules: 352...... 53340 133...... 53886 14 CFR 756...... 53884 913...... 51631 135...... 53886 Ch. I ...... 53610 22 CFR 36 CFR 13...... 53998 41...... 53058 31 CFR 16...... 53998 228...... 53615 353...... 53822 Proposed Rules: 39 ...... 51212, 51357, 52688, 603...... 51593 61...... 51536 52876, 53035, 53038, 53040, Proposed Rules: Proposed Rules: 356...... 51851 1190...... 51397 53042, 53044, 53046, 53611, 1191...... 51397 53613 171...... 53158 605...... 53185 32 CFR 71 ...... 51360, 51361, 51362, 37 CFR 52281, 52282, 52283, 53050, 706...... 52879 24 CFR Proposed Rules: 53841, 53842, 53843, 53844, 33 CFR 1...... 518355 53845, 53847, 53848, 53849, 1...... 52216 53850, 53850, 53996 2...... 52216 100...... 52695, 53321 38 CFR 73 ...... 53051, 53052, 53852 8...... 52216 120...... 51597 4...... 52695 91...... 51782, 54020 42...... 51756 128...... 51597 97 ...... 53053, 53054, 53056 91...... 51756 Proposed Rules: 39 CFR 440...... 51395 92...... 51756 100...... 53422, 53344 111...... 52702, 53321 Proposed Rules: 103...... 52216 165...... 53345, 53346 104...... 52216 Proposed Rules: Ch. I ...... 51845 34 CFR 25...... 53680 146...... 52216 111...... 53280 180...... 52216 614...... 51783 39 ...... 51250, 51255, 51618, 40 CFR 51619, 51621, 51624, 51845, 252...... 51319 617...... 51783 51847, 52394, 53155, 53337, 570...... 51756 619...... 51783 9 ...... 51365, 52287, 53854, 53339, 53683 576...... 51546 641...... 51783 54030 71 ...... 51319, 52397, 52398, 585...... 52186 Proposed Rules: 50...... 52852 52689, 52734, 53157, 53876, 3500...... 51782 222...... 52564 51...... 52848 53877, 53878, 53879, 53880, Proposed Rules: 350...... 53560 52 ...... 51214, 51366, 51598, 53881, 53882 42...... 53341 351...... 53560 51599, 51784, 52297, 52865, 92...... 53341 352...... 53560 52882, 53066, 53328, 53624, 15 CFR 215...... 53341 353...... 53560 53628, 53633, 53636, 53639 Ch. VII...... 51395 219...... 53341 355...... 53560 60...... 52865 400...... 53505 221...... 53341 357...... 53560 70...... 51368, 51370 902...... 51213 236...... 53341 360...... 53560 80...... 53854 922...... 57577 290...... 53341 400...... 54024 81...... 53328, 53639 946...... 53307 511...... 53341 401...... 54024 82...... 54030 570...... 51556, 53341 402...... 54024 86...... 51365 16 CFR 572...... 53276 403...... 54024 89...... 52088 24...... 51577 574...... 53341 406...... 54024 90...... 52088 260...... 53304 576...... 53341 410...... 54024 91...... 52088 1020...... 52877 582...... 53341 411...... 54024 180...... 51372 583...... 53341 412...... 54024 271...... 52884 17 CFR 585...... 53341 413...... 54024 300 ...... 51373, 52886, 52887, 232...... 52283 882...... 53341 415...... 54024 53328 240...... 52996 885...... 53341 421...... 54024 721...... 52287 420...... 52498, 53996 886...... 53341 425...... 54024 763...... 52703 889...... 53341 426...... 54024 Proposed Rules: 19 CFR 890...... 53341 427...... 54024 52 ...... 51257, 51397, 51631, 101...... 51363 906...... 53341 428...... 54024 51638, 51651, 51659, 51877, Proposed Rules: 941...... 53341 429...... 54024 52401, 52864, 52902, 53163, 10...... 51849 950...... 53341 460...... 54024 53166, 53174, 53180, 53692, 968...... 53341 461...... 54024 53693, 53694 21 CFR 970...... 53341 464...... 54024 59...... 52735 50...... 51498 983...... 53341 472...... 54024 60...... 52864 Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Reader Aids iii

64...... 53886 47 CFR 442...... 53645 52 ...... 52232, 52998, 52999 70...... 53886 1...... 52887 443...... 53645 53...... 52232, 52998 71...... 53886 2...... 52301 444...... 53645 917...... 53185, 53699 80...... 53886 20...... 51233 445...... 53645 950...... 53185, 53699 81...... 53694 24...... 51233 446...... 53645 952...... 53185, 53699 140...... 54014 25...... 52301 447...... 53645 970...... 53185, 53699 261...... 51397 51...... 52706 448...... 53645 271...... 51397 449...... 53645 64...... 52307 49 CFR 281...... 51875 68...... 52307 450...... 53645 106...... 51334 302...... 51397 73 ...... 51789, 52899, 52900, 451...... 53645 107...... 51334 372...... 51322, 51330 53643, 53644 452...... 53645 90...... 52301 453...... 53645 171...... 51235, 51334 42 CFR 501...... 51373 172 ...... 51236, 51238, 51334 Proposed Rules: 702...... 51234 173 ...... 51238, 51241, 51334, 57...... 51787 Ch. I ...... 53694 706...... 51234 51495 412...... 51217 73...... 53698 715...... 51234 174...... 51334 413...... 51217, 51611 90...... 51877 716...... 51234 175...... 51334 489...... 51217 97...... 52767 1003...... 52299 722 ...... 51234, 52497, 53996 176...... 51334 48 CFR 726...... 51234 177...... 51334 43 CFR 401...... 53645 733...... 51234 178...... 51334 737...... 51234 179...... 51334 5470...... 53860 402...... 53645 403...... 53645 752...... 51234 180...... 51334 Proposed Rules: 837...... 52709 593...... 51334 2530...... 53887 404...... 53645 405...... 53645 852...... 52709 1011...... 52710 2760...... 51666 1212...... 53677 1104...... 52710 3200...... 52736 406...... 53645 407...... 53645 1815...... 52325 1111...... 52710, 53996 3210...... 52736 1816...... 52325 1112...... 52710 3220...... 52736 408...... 53645 409...... 53645 1852...... 52325 1113...... 52710 3240...... 52736 1870...... 52325 1114...... 52710 3250...... 52736 410...... 53645 411...... 53645 6101...... 52347 1115...... 52710 3260...... 52736 6102...... 52347 1121...... 52710 3740...... 51667 412...... 53645 Proposed Rules: Proposed Rules: 3810...... 51667 413...... 53645 1...... 52232, 52998 383...... 52401 3820...... 51667 414...... 53645 415...... 53645 2...... 52998 391...... 52401 44 CFR 416...... 53645 3...... 52232 571...... 51669 417...... 53645 4...... 52232 575...... 52769 62...... 51217 418...... 53645 6...... 52232, 52999 64...... 51226, 51228 419...... 53645 8...... 52232, 52844 9...... 52232 50 CFR 45 CFR 420...... 53645 421...... 53645 12...... 52232, 52999 SubCh. D ...... 53329 46...... 51531 422...... 53645 13...... 52844 17 ...... 53070, 53089, 53108, 79...... 52299 423...... 53645 14...... 52232, 52998 53124, 53130, 53137, 54044 1386...... 51751 424...... 53645 15...... 52998, 52999 216...... 51213 425...... 53645 16...... 52232 217...... 52370 46 CFR 426...... 53645 19...... 52232 285...... 53677 61...... 52497 427...... 53645 22...... 52232 622...... 52715 108...... 51789 428...... 53645 23...... 52232 648 ...... 52384, 52715, 53866 110...... 51789 429...... 536450 25...... 52232 679 ...... 51374, 51789, 52385, 111...... 51789 430...... 53645 27...... 52232 52716, 53153, 53154, 53679 112...... 51789 431...... 53645 29...... 52232 Proposed Rules: 113...... 51789 432...... 53645 31...... 52232, 52998 17 ...... 51878, 52402, 53186 161...... 51789 433...... 53645 32...... 52232 23...... 52403 190...... 52497 434...... 53645 36...... 52232, 52998 217...... 52404 197...... 52497 435...... 53645 37...... 52232 222...... 52404 295...... 58861 436...... 53645 38...... 52844 227...... 53893 501...... 51230 437...... 53645 42...... 52232 229...... 52769 502...... 51230 438...... 53645 45...... 52232 424...... 51398 506...... 52704 439...... 53645 47...... 52232 648...... 52903 514...... 51230 440...... 53645 49...... 52232 649...... 52903 583...... 51230 441...... 53645 51...... 52844 660...... 51670 iv Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Reader Aids

Airbus; published 9-11-96 ARCHITECTURAL AND implementation; Hartzell Propeller Inc.; TRANSPORTATION correction; comments REMINDERS published 9-11-96 BARRIERS COMPLIANCE due by 10-25-96; The items in this list were McDonnell Douglas; BOARD published 10-15-96 editorially compiled as an aid published 9-11-96 Americans with Disabilities ENERGY DEPARTMENT to Federal Register users. Act; implementation: Federal Energy Regulatory Inclusion or exclusion from Accessibility guidelines-- Commission this list has no legal COMMENTS DUE NEXT Buildings and facilities; significance. WEEK Electric utilities (Federal Power children's facilities; Act): comments due by 10- Rate schedules filing-- AGRICULTURE 21-96; published 7-22- RULES GOING INTO DEPARTMENT 96 Capacity reservation open EFFECT TODAY access transmission Agricultural Marketing COMMERCE DEPARTMENT Service tariffs; comments due National Oceanic and by 10-21-96; published AGRICULTURE Dates (domestic) produced or Atmospheric Administration 7-25-96 DEPARTMENT packed in California; Fishery conservation and ENVIRONMENTAL Rural Utilities Service comments due by 10-24-96; management: published 9-24-96 PROTECTION AGENCY Consultants funded by Atlantic sea scallop; Air pollution; standards of borrowers; use; published 9- Onions (Vidalia) grown in comments due by 10-21- performance for new 16-96 Georgia; comments due by 96; published 8-29-96 stationary sources: COMMERCE DEPARTMENT 10-24-96; published 9-24-96 CONSUMER PRODUCT Nebraska City Power National Oceanic and Peanuts, domestically and SAFETY COMMISSION Station, NE; alternate Atmospheric Administration foreign produced; comments due by 10-24-96; published Hazardous substances: opacity standard Fishery conservation and 10-4-96 Fireworks devices; fuse burn rescission; comments due management: time; comments due by AGRICULTURE by 10-24-96; published 9- Gulf of Mexico reef fish; 10-21-96; published 8-7- DEPARTMENT 24-96 published 9-16-96 96 Animal and Plant Health Air quality implementation DEFENSE DEPARTMENT HEALTH AND HUMAN Inspection Service plans: SERVICES DEPARTMENT Acquisition regulations: Exportation and importation of Preparation, adoption, and Food and Drug animals and animal Carbon fiber; comments due submittal-- Administration products: by 10-21-96; published 8- Motorist compliance 21-96 Food additives: Pet birds; importation; enforcement Polymers-- comments due by 10-21- Federal Acquisition Regulation mechanisms for pre- Poly(trimethyl 96; published 8-21-96 (FAR): existing programs; vehicle inspection and hexamethylene Viruses, serums, toxins, etc.: Novation and related agreements; comments maintenance program terephthalamide); Biological products and published 10-16-96 due by 10-21-96; requirements; comments guidelines; definition; published 8-21-96 due by 10-23-96; HOUSING AND URBAN comments due by 10-22- published 9-23-96 DEVELOPMENT 96; published 8-23-96 Grant and agreement regulations: Prevention of significant DEPARTMENT AGRICULTURE Grants and cooperative deterioration and Low income housing: DEPARTMENT agreements award and nonattainment new HOME investment Forest Service administration; uniform source review; Federal partnerships program; Alaska National Interest Lands policies and procedures; regulatory review; published 9-16-96 Conservation Act; Title VIII comments due by 10-25- comments due by 10- HOPE for homeownership of implementation (subsistence 96; published 8-26-96 21-96; published 7-23- 96 single family homes priority); comments due by EDUCATION DEPARTMENT program (HOPE 3); 10-25-96; published 8-7-96 Air quality implementation Postsecondary education: published 9-16-96 plans; approval and AGRICULTURE Student assistance general INTERIOR DEPARTMENT DEPARTMENT promulgation; various provisions-- States: Fish and Wildlife Service Farm Service Agency Federal Perkins loan, New York; comments due Endangered and threatened Federal Agriculture Federal work-study, by 10-21-96; published 9- species: Improvement and Reform Federal supplemental 19-96 California condors; published Act of 1996: educational opportunity North Carolina; comments 10-16-96 Conservation provisions; grant, and Federal Pell implementation; public grant programs; due by 10-21-96; JUSTICE DEPARTMENT forums; comments due by comments due by 10- published 9-20-96 Immigration and 10-22-96; published 10-7- 21-96; published 9-19- Texas; comments due by Naturalization Service 96 96 10-23-96; published 9-23- 96 Immigration: AGRICULTURE ENERGY DEPARTMENT Port Passenger Accelerated DEPARTMENT Acquisition regulations: Washington; comments due Service System by 10-23-96; published 9- Natural Resources Management and operating (PORTPASS) Program; 23-96 Conservation Service contracts-- border inspection fee Clean Air Act: Federal Agriculture Competition and extension projects; published 10-16- State operating permits 96 Improvement and Reform contract reform initiative; Act of 1996: implementation; programs-- TRANSPORTATION Conservation provisions; comments due by 10- Maine; comments due by DEPARTMENT implementation; public 25-96; published 10-10- 10-21-96; published 9- Federal Aviation forums; comments due by 96 19-96 Administration 10-22-96; published 10-7- Competition and extension Hazardous waste program Airworthiness directives: 96 contract reform initiative; authorizations: Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / Reader Aids v

New Mexico; comments due HOUSING AND URBAN and commercial Raytheon; comments due by by 10-21-96; published 9- DEVELOPMENT facilities; comments due 10-21-96; published 8-20- 19-96 DEPARTMENT by 10-21-96; published 96 7-22-96 Pesticide programs: Federal Housing Enterprise Saab; comments due by 10- Grants: Pesticides and ground water Oversight Office 21-96; published 9-11-96 strategy; State Risk-based capital: Police Corps program; comments due by 10-24- Airworthiness standards: management plan Stress tests; house price 96; published 9-24-96 regulation; comments due index (HPI) use and Special conditions-- by 10-24-96; published 6- benchmark loss NATIONAL AERONAUTICS 26-96 AND SPACE Eurocopter Deutschland experience establishment; model MBB-BK Risk/benefit information; ADMINISTRATION comments due by 10-24- helicopters; comments reporting requirements; Federal Acquisition Regulation 96; published 8-19-96 due by 10-25-96; comments due by 10-21- (FAR): INTERIOR DEPARTMENT published 8-26-96 96; published 9-20-96 Novation and related Fish and Wildlife Service FEDERAL agreements; comments Class C and Class D Alaska National Interest Lands COMMUNICATIONS due by 10-21-96; airspace; comments due by Conservation Act; Title VIII COMMISSION published 8-21-96 10-22-96; published 8-22-96 implementation (subsistence PERSONNEL MANAGEMENT Radio stations; table of Class D airspace; comments priority); comments due by OFFICE assignments: due by 10-25-96; published 10-25-96; published 8-7-96 Prevailing rate systems; Alabama; comments due by 9-17-96 JUSTICE DEPARTMENT comments due by 10-23-96; 10-21-96; published 9-9- published 9-23-96 Class E airspace; comments 96 Immigration and Naturalization Service TRANSPORTATION due by 10-21-96; published Colorado; comments due by 9-17-96 Immigration: DEPARTMENT 10-21-96; published 9-9- Federal Aviation 96 Aliens-- TRANSPORTATION Administration DEPARTMENT Kansas; comments due by Conditional residents and Airworthiness directives: 10-21-96; published 9-9- fiancees; persons de Havilland; comments due Federal Highway 96 admitted for permanent by 10-21-96; published 9- Administration FEDERAL DEPOSIT residence; status 11-96 adjustment; comments Motor carrier replacement INSURANCE CORPORATION Airbus; comments due by due by 10-21-96; information/registration Insured State banks; activities 10-21-96; published 9-11- published 8-20-96 system; comments due by and investments; comments 96 10-25-96; published 8-26-96 due by 10-22-96; published JUSTICE DEPARTMENT American Champion Aircraft 8-23-96 Justice Programs Office Corp.; comments due by Motor carrier safety standards: FEDERAL TRADE Grants: 10-25-96; published 8-28- Training of entry-level COMMISSION Indian Tribes program; 96 drivers of commercial Agency information collection violent offender Boeing; comments due by motor vehicles; comments activities: incarceration and truth-in- 10-24-96; published 8-28- due by 10-25-96; 96 published 4-25-96 Proposed collection; sentencing; comments Boeing et al.; comments comment request; due by 10-24-96; due by 10-24-96; TRANSPORTATION comments due by 10-25- published 9-24-96 published 9-13-96 DEPARTMENT 96; published 8-26-96 JUSTICE DEPARTMENT Fokker; comments due by National Highway Traffic GENERAL SERVICES Americans with Disabilities 10-24-96; published 9-13- Safety Administration ADMINISTRATION Act: 96 Federal Acquisition Regulation Nondiscrimination on basis McDonnell Douglas; Fuel economy standards: (FAR): of disability-- comments due by 10-24- Passenger automobiles; low Novation and related State and local 96; published 9-13-96 volume manufacturer agreements; comments government services; Pilatus Britten-Norman; exemptions; comments due by 10-21-96; childrens' facilities in comments due by 10-21- due by 10-21-96; published 8-21-96 public accomodations 96; published 8-22-96 published 9-5-96