Pages 53591±53824 Vol. 61 10±15±96 No. 200 federal register October 15,1996 Tuesday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996

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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. 200

Tuesday, October 15, 1996

Agency for Health Care Policy and Research Commission of Fine Arts NOTICES NOTICES Agency information collection activities: Meetings, 53720 Proposed collection; comment request, 53747

Agency for International Development Consumer Product Safety Commission NOTICES RULES Commodities and services financed by AID; source, origin Settlement agreements: and nationality rules, 53615–53622 Brinkmann Corp., 53720–53722 NOTICES Close-out guidance; P.L. 480 Title II draft; availability, Customs Service 53757–53759 NOTICES Customhouse broker license cancellation: Agricultural Marketing Service Gabehart, Kim K., 53779 RULES Customhouse broker license cancellation, suspension, etc.: Almonds grown in California, 53607–53608 Goldstein, Steven, 53779 Potatoes (Irish) grown in— Maine, 53606–53607 Defense Department Agriculture Department See Air Force Department See Agricultural Marketing Service See Army Department See Animal and Plant Health Inspection Service See Defense Special Weapons Agency See Food and Consumer Service NOTICES RULES Agency information collection activities: Acquisition regulations: Submission for OMB review; comment request, 53722 Federal regulatory reform, 53645–53677 Federal claims collection: Organization, functions, and authority delegations: Garnishments processing fee, 53722–53723 Finance and management office; CFR part removed, Meetings: 53608 Semiconductor Technology Council, 53723 Women in Services Advisory Committee, 53723 Air Force Department NOTICES Defense Special Weapons Agency Commercial activities performance (OMB Circular A-76); cost comparison studies, 53723–53725 NOTICES Privacy Act: Alcohol, Tobacco and Firearms Bureau Systems of records, 53725–53727 PROPOSED RULES Firearms: Drug Enforcement Administration Commerce in explosives, 53688–53692 NOTICES Applications, hearings, determinations, etc.: Animal and Plant Health Inspection Service Bridgeway Trading Corp., 53761 RULES Dupont Merck Pharmaceutical Co., 53761–53762 Overtime services relating to imports and exports: Septer, Michael J., D.O., 53762–53766 Commuted traveltime allowances, 53603–53606 Plant-related quarantine, domestic: Fire ant, imported, 53601–53603 Energy Department See Energy Efficiency and Renewable Energy Office Army Department See Federal Energy Regulatory Commission NOTICES See Southwestern Power Administration Environmental statements; availability, etc.: PROPOSED RULES Pine Bluff Arsenal, AR; chemical agent demilitarization Acquisition regulations: facility; construction and operation, 53725 Management and operating contracts— Competition and extension contract reform initiative; Centers for Disease Control and Prevention implementation; correction, 53699–53700 NOTICES NOTICES Meetings: Committees; establishment, renewal, termination, etc.: National Institute for Occupational Safety and Health, American Statistical Association Committee on Energy 53747–53748 Statistics, 53727 Meetings: Commerce Department Environmental Management Site-Specific Advisory See International Trade Administration Board— See National Institute of Standards and Technology Kirtland Area Office (Sandia), 53727–53728 See National Oceanic and Atmospheric Administration Oak Ridge Reservation, 53728 IV Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Contents

Energy Efficiency and Renewable Energy Office Federal Energy Regulatory Commission NOTICES NOTICES Meetings: Meetings; Sunshine Act, 53730–53732 State Energy Advisory Board, 53728 Senior Executive Service: Performance Review Board; membership, 53732 Environmental Protection Agency Applications, hearings, determinations, etc.: RULES Carnegie Interstate Pipeline Co., 53729 Air quality implementation plans; approval and Colorado Interstate Gas Co., 53729 promulgation; various States; air quality planning KN Interstate Gas Transmission Co., 53729 purposes; designation of areas: Stingray Pipeline Co., 53729–53730 Louisiana et al., 53639–53643 Air quality implementation plans; approval and Federal Housing Finance Board promulgation; various States: NOTICES Maine, 53636–53639 Federal home loan bank system: Massachusetts, 53628–53633 Community support review— New Jersey, 53624–53628 Selection of members, 53735–53746 Tennessee, 53633–53636 PROPOSED RULES Federal Maritime Commission Air quality implementation plans; approval and NOTICES promulgation; various States; air quality planning Freight forwarder licenses: purposes; designation of areas: Echo International Freight Forwarding et al., 53746 Louisiana et al., 53694 Air quality implementation plans; approval and Federal Reserve System promulgation; various States: NOTICES Maine, 53693–53694 Banks and bank holding companies: New Jersey, 53692–53693 Change in bank control, 53746 Tennessee, 53693 Formations, acquisitions, and mergers, 53746 Permissible nonbanking activities, 53746–53747 Executive Office of the President Financial Management Service See Presidential Documents See Fiscal Service See Trade Representative, Office of United States Fine Arts Commission Federal Aviation Administration See Commission of Fine Arts RULES Airworthiness directives: Fiscal Service New Piper Aircraft, Inc., 53611–53614 RULES Federal Regulatory Review; disposition of comments, Bonds and notes, U.S. Treasury: 53610–53611 Federal asset forfeiture laws; payment of U.S. Savings PROPOSED RULES Bonds under Federal judicial or administrative Airworthiness directives: forfeiture, 53822–53823 Glasflugel, 53683–53685 Airworthiness standards: Fish and Wildlife Service Special conditions— NOTICES Jetstream Aircraft Ltd. model 4100 series airplanes, Environmental statements; availability, etc.: 53680–53682 Incidental take permits— NOTICES San Joaquin County, CA; san joaquin kit fox, etc., Meetings: 53750–53751 Aviation Rulemaking Advisory Committee, 53778–53779 Food and Consumer Service Federal Communications Commission RULES RULES Food stamp program: Radio stations; table of assignments: Miscellaneous farm bill provisions, 53595–53601 California, 53644 Pennsylvania, 53643 Food and Drug Administration Washington et al., 53643–53644 RULES Television stations; table of assignments: Animal drugs, feeds, and related products: New York et al., 53644–53645 Chlortetracycline PROPOSED RULES Correction, 53615 Common carrier services: New drug applications— Newspaper/broadcast cross-ownership restriction; waiver, Monensin blocks, 53614–53615 53694–53698 PROPOSED RULES Radio stations; table of assignments: Human drugs: Tennessee, 53698–53699 Colloidal silver ingredients or silver salts, products NOTICES containing (OTC); not generally recognized as safe Agency information collection activities: and effective, 53685–53688 Proposed collection; comment request, 53733–53734 NOTICES Submission for OMB review; comment request, 53734– Food additive petitions: 53735 Dover Chemical Corp., 53748 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Contents V

Human drugs: NOTICES Patent extension; regulatory review period Pollution control; consent judgments: determinations— Burlington Northern Railroad Co., 53760–53761 Neutrexin; correction, 53748 Eveready Battery Co., Inc., 53761

Health and Human Services Department Juvenile Justice and Delinquency Prevention Office See Agency for Health Care Policy and Research NOTICES See Centers for Disease Control and Prevention Agency information collection activities: See Food and Drug Administration Proposed collection; comment request, 53766–53767 See National Institutes of Health Land Management Bureau Immigration and Naturalization Service NOTICES RULES Environmental statements; availability, etc.: Immigration: Talapoosa Mining Incorporated’s Talapoosa project, Aliens— 53751 Law students and graduates; representation and Environmental statements; notice of intent: appearances, 53609–53610 Headwaters Resource Area, MT, 53751–53752 NOTICES Meetings: Agency information collection activities: Resource advisory councils— Proposed collection; comment request, 53766 John Day-Snake, 53752 Oil shale classification order of public lands: Indian Affairs Bureau Wyoming, 53752 NOTICES Public land orders: Tribal-State Compacts approval; Class III (casino) gambling: Wyoming, 53752–53753 Quinault Indian Nation, WA, 53751 Survey plat filings: Nevada, 53753 Interior Department See Fish and Wildlife Service National Institute of Standards and Technology See Indian Affairs Bureau NOTICES See Land Management Bureau National voluntary conformity assessment system See National Park Service evaluation (NVCASE) program, 53718–53719 See Reclamation Bureau National Institutes of Health Internal Revenue Service NOTICES PROPOSED RULES Meetings: Income taxes: National Institute of Child Health and Human Amortizable bond premium; public hearing cancelled, Development, 53749 53688 National Institute of Neurological Disorders and Stroke, Bad debts modifications and dealer assignments of 53749 notional principal contracts; cross reference Research Grants Division special emphasis panels, Correction, 53688 53749–53750 NOTICES Agency information collection activities: National Oceanic and Atmospheric Administration Proposed collection; comment request, 53779–53780 RULES Fishery conservation and management: International Development Cooperation Agency Alaska; fisheries of Exclusive Economic Zone— See Agency for International Development Rockfish fishery, 53679 Tuna, Atlantic bluefin fisheries, 53677–53679 International Trade Administration NOTICES NOTICES Coastal zone management programs and estuarine Antidumping: sanctuaries: Fresh tomatoes from— Consistency appeals— Mexico, 53702 Taylor, Jessie W., 53719 Sulfanilic acid from— Meetings: China, 53702–53718 International Commission for the Conservation of Antidumping duty orders and findings: Atlantic Tuna, 53719–53720 Determinations not to revoke, 53701–53702 National Park Service International Trade Commission NOTICES NOTICES Agency information collection activities: Antidumping: Submission for OMB review; comment request, 53753– Open-end spun rayon singles yarn from— 53754 Austria, 53760 Environmental statements; availability, etc.: Nez Perce National Historical Park et al., ID, 53754– Justice Department 53755 See Drug Enforcement Administration Meetings: See Immigration and Naturalization Service National Capital Area; 1996 Christmas Pageant of Peace, See Juvenile Justice and Delinquency Prevention Office 53755 VI Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Contents

Native American human remains and associated funerary Securities and Exchange Commission objects: NOTICES University of Pennsylvania Museum of Archaeology and Meetings; Sunshine Act, 53773 Anthropology, PA; inventory from Hawaii, 53755– Self-regulatory organizations; proposed rule changes: 53756 Boston Stock Exchange Clearing Corp. et al., 53773– 53774 National Science Foundation Chicago Board Options Exchange, Inc., 53774–53775 NOTICES Meetings: Small Business Administration Anthropological and Geographic Sciences Advisory NOTICES Panel, 53767 Disaster loan areas: Biomolecular Structure and Function Advisory Panel, North Carolina, 53775–53776 53767 Pennsylvania, 53776 Economics, Decision and Management Sciences Advisory Panel, 53767–53768 Southwestern Power Administration Education and Human Resources Advisory Committee, NOTICES 53768 Integrated System power rates and opportunities, 53732– Education and Human Resources Committee of Visitors, 53733 53768 Engineering Advisory Committee, 53768 State Justice Institute Engineering Education and Centers Special Emphasis NOTICES Panel, 53768 Grants, cooperative agreements, and contracts; guidelines, Genetics Advisory Panel, 53769 53782–53820 Infrastructure, Methods, and Science Studies Advisory Panel, 53769 Surface Transportation Board NOTICES National Transportation Safety Board Railroad operation, acquisition, construction, etc.: NOTICES Canadian American Railroad Co., 53779 Aircraft accidents; hearings, etc.: Administrator v. Willette et al.; Air carrier voluntary Tennessee Valley Authority disclosure reporting procedures (advisory circular NOTICES 120-56); applicability, 53769 Meetings; Sunshine Act, 53776

Nuclear Regulatory Commission Trade Representative, Office of United States NOTICES NOTICES Applications, hearings, determinations, etc.: Argentine: Wisconsin Public Service Co. et al., 53769–53772 Apparel, textiles, footwear; specific duties and non-tariff barriers affecting; investigation and request for Office of United States Trade Representative comments, 53776–53777 See Trade Representative, Office of United States

Pension Benefit Guaranty Corporation Transportation Department RULES See Federal Aviation Administration Single-employer plans: See Surface Transportation Board RULES Allocation of assets— Acquisition regulations: Interest rates for valuing benefits, 53623–53624 NOTICES Federal regulatory reform Single-employer and multiemployer plans: Correction, 53677 NOTICES Interest rates and assumptions, 53772–53773 Aviation proceedings: Presidential Documents Agreements filed; weekly receipts, 53777 Certificates of public convenience and necessity and PROCLAMATIONS Special observances: foreign air carrier permits; weekly applications, Day of Concern About Young People and Gun Violence, 53777–53778 National (Proc. 6935), 53593–53594 Hearings, etc.— Leif Erikson Day (Proc. 6934), 53591–53592 Golden West Airlines, Inc., 53778

Public Health Service Treasury Department See Agency for Health Care Policy and Research See Alcohol, Tobacco and Firearms Bureau See Centers for Disease Control and Prevention See Customs Service See Food and Drug Administration See Fiscal Service See National Institutes of Health See Internal Revenue Service

Reclamation Bureau NOTICES Separate Parts In This Issue Environmental statements; availability, etc.: Maricopa County, AZ; Ak-Chin indian community, Part II 53756–53757 State Justice Institute, 53782–53820 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Contents VII

Part III Electronic Bulletin Board Treasury Department; Fiscal Service, 53822–53823 Free Electronic Bulletin Board service for Public Law numbers, Federal Register finding aids, and a list of documents on public inspection is available on 202–275– Reader Aids 1538 or 275–0920. Additional information, including a list of public laws, telephone numbers, reminders, and finding aids, appears in the Reader Aids section at the end of this issue. VIII Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR 416...... 53645 417...... 53645 Proclamations: 418...... 53645 6934...... 53591 419...... 53645 6935...... 53593 420...... 53645 7 CFR 421...... 53645 271...... 53595 422...... 53645 272...... 53595 423...... 53645 274...... 53595 424...... 53645 278...... 53595 425...... 53645 301...... 53601 426...... 53645 354...... 53603 427...... 53645 950...... 53606 428...... 53645 981...... 53607 429...... 53645 3010...... 53608 430...... 53645 8 CFR 431...... 53645 292...... 53609 432...... 53645 433...... 53645 14 CFR 434...... 53645 Ch. I ...... 53610 435...... 53645 39 (2 documents) ...... 53611 436...... 53645 63613 437...... 53645 Proposed Rules: 438...... 53645 25...... 53680 439...... 53645 39...... 53683 440...... 53645 441...... 53645 21 CFR 442...... 53645 520...... 53614 443...... 53645 558...... 53615 444...... 53645 Proposed Rules: 445...... 53645 310...... 53685 446...... 53645 447...... 53645 22 CFR 448...... 53645 228...... 53615 449...... 53645 26 CFR 450...... 53645 Proposed Rules: 451...... 53645 1 (2 documents) ...... 53688 452...... 53645 453...... 53645 27 CFR 1212...... 53677 Proposed Rules: Proposed Rules: 55...... 53688 917...... 53699 29 CFR 950...... 53699 4044...... 53623 952...... 53699 970...... 53699 31 CFR 353...... 53882 50 CFR 285...... 53677 40 CFR 679...... 53679 52 (5 documents) ...... 53624 53628, 53633, 53636, 53639 81...... 53639 Proposed Rules: 52 (4 documents) ...... 53692, 53693, 53694 81...... 53694 47 CFR 73 (4 documents) ...... 53643 53644 Proposed Rules: Ch. I ...... 53694 73...... 53698 48 CFR 401...... 53645 402...... 53645 403...... 53645 404...... 53645 405...... 53645 406...... 53645 407...... 53645 408...... 53645 409...... 53645 410...... 53645 411...... 53645 412...... 53645 413...... 53645 414...... 53645 415...... 53645 53591

Federal Register Presidential Documents Vol. 61, No. 200

Tuesday, October 15, 1996

Title 3— Proclamation 6934 of October 9, 1996

The President Leif Erikson Day, 1996

By the President of the United States of America

A Proclamation Leif Erikson Day commemorates the life and the voyages of the great Nordic explorer who first set foot on the fertile soil of North America about one thousand years ago. On this day, we also celebrate the close bonds of friendship between the people of the United States and the Nordic peoples, as well as the outstanding contributions that Nordic Americans have made to our country. We have good cause to mark this day. The pioneering spirit that Leif Erikson and his followers demonstrated embodies the virtues of independence, self- determination, and initiative that are firmly rooted in our national conscious- ness today. As a vital transatlantic bridge between the continents of America and Europe, the Nordic countries of Iceland, Norway, Sweden, Denmark, and Finland have repeatedly shown a bedrock commitment to the democratic values that contributed greatly to the formation of our own national ideals. Just as our forebears persevered through what sometimes seemed insurmount- able odds to transform adversity into prosperity, we have continued to champion the cause of liberty and to reach out without reservation or hesitation to our neighbors and those in need around the world. The same heritage that enabled our ancestors to brave wars and uncharted frontiers— because they were convinced that they were working to create a better world—also emboldens us today in our cooperative effort to integrate the Baltic states of Estonia, Latvia, and Lithuania into the Western community of nations. Our immigrant ancestors survived unthinkable hardships to achieve eco- nomic, religious, and political freedom. Their dreams were big, but so was their willingness to work for them. The link they forged across the oceans is sustained today by a common commitment to freedom and the rule of law—ideals that have strong roots in the civic and legal traditions of Nordic countries dating back at least to medieval times. In honor of Leif Erikson—son of Iceland, grandson of Norway—the Congress, by joint resolution approved on September 2, 1964 (Public Law 88–566), has authorized and requested the President to designate October 9 of each year as ‘‘Leif Erikson Day.’’ NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim October 9, 1996, as Leif Erikson Day. I encourage the people of the United States to observe this occasion with appropriate ceremonies and activities commemorating our rich Nordic-Amer- ican heritage. 53592 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this ninth 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. 96–26529 œ– Filed 10–11–96; 8:45 am] Billing code 3195–01–P Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Presidential Documents 53593 Presidential Documents

Proclamation 6935 of October 10, 1996

National Day of Concern About Young People and Gun Violence, 1996

By the President of the United States of America

A Proclamation Few losses are more difficult to face than the death of a young person. Such deaths are even more appalling when they result from violence by another youth. It is a tragedy of modern American life that thousands of our young people each year suffer deadly violence initiated by their peers. Federal Bureau of Investigation (FBI) data show that in the decade between 1984 and 1993 the number of homicide arrests of juveniles skyrocketed by 168 percent. Even more disturbing, the fastest increase in violent crime arrests of juveniles occurred among children 10 to 12 years old. Demographic experts predicted that, if those trends continued, juvenile violent crime arrests would double by the year 2010. Now, new FBI data show reason for cautious optimism. For the first time in 7 years, the juvenile crime arrest rate decreased—by 2.9 percent in 1995. In addition, juvenile arrests for murder declined by 15.2 percent in 1995— the largest 1-year decrease in more than 10 years. Since 1993, the arrest rate for murder among juveniles has decreased by 22.8 percent. Although this trend is encouraging, far too many of our young people still are committing violent acts. Fueling this problem is the prevalence of, and easy access to, illegal firearms on our Nation’s streets. Between 1985 and 1992, the number of juvenile homicides not involving guns in- creased by 20 percent, while the number involving guns jumped by 300 percent. Because guns are easily available, routine fights among young people often turn into gun battles. Then, as the tragic cycle of violence repeats itself, more and more young people, fearing for their safety, arm themselves. The resulting escalation of gun violence and death threatens the Nation’s most precious resource for the future—our young people. We have expanded an experimental tracing program that targets those who provide or sell guns to young people. But we need to do more to keep guns out of the hands of our kids. We need to further improve and vigorously enforce our gun laws. And we need to reduce the sale and use of illegal drugs, which also fuel gun violence. We also need to begin teaching children as early as possible how to choose not to be violent. All of us can take an active role in making sure that conflict resolution and other anti-violence programs are in place in our local schools, community centers, and places of worship. Community leaders, businesses, and other local institutions must create ‘‘safe havens’’ where children can go after school. Such actions can be a tangible sign of care and concern on the part of the community. Most importantly, parents need to teach their children right from wrong, so that they can learn the core values of our society and live according to them. In this undertaking, parents must be sensitive, patient, diligent, and fair, in order to provide a proper nonviolent model. While parents, teachers, clergy, and the community at large can provide encouragement, the ultimate responsibility for reducing youth violence lies with our young people themselves. They must commit to resolve disputes 53594 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Presidential Documents

without violence and to avoid violent situations and friends. They must become positive role models for their peers, siblings, and younger children. Many young people have already made this commitment and are working in their schools and neighborhoods to end violence. For this, we salute them and urge them to continue to work for peaceful solutions. We call upon all young people to make this same 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 10, 1996, as a National Day of Concern About Young People and Gun Violence. On this day I call upon young people in classrooms and playgrounds across the United States to make a solemn decision about their future. I call upon them voluntarily to sign a pledge promising that they will never take a gun to school, that they will never use a gun to settle a dispute, and that they will use their influence to prevent friends from using guns to settle disputes. Finally, I call upon all Americans to commit themselves anew to helping our Nation’s young people avoid violence and grow up to be happy, healthy, and productive adults. 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

[FR Doc. 96–26530 œ– Filed 10–11–96; 8:45 am] Billing code 3195–01–P 53595

Rules and Regulations Federal Register Vol. 61, No. 200

Tuesday, October 15, 1996

This section of the FEDERAL REGISTER EFFECTIVE DATE: These provisions were Paperwork Reduction Act contains regulatory documents having general effective February 1, 1992, except the In accordance with the Paperwork applicability and legal effect, most of which provisions of 7 CFR 278.1(i) which have are keyed to and codified in the Code of Reduction Act of 1995, this notice been submitted to the Office of announces the Food and Consumer Federal Regulations, which is published under Management and Budget for approval 50 titles pursuant to 44 U.S.C. 1510. Service’s intention to request Office of under the Paperwork Reduction Act of Management and Budget’s approval of a The Code of Federal Regulations is sold by 1995. The provisions of this section will revision to a currently approved the Superintendent of Documents. Prices of become effective upon approval. FCS information collection pertaining to new books are listed in the first FEDERAL will publish a document in the Federal food stamp applications to accept and REGISTER issue of each week. Register announcing the effective date. redeem food stamps. FOR FURTHER INFORMATION CONTACT: Comments on this information DEPARTMENT OF AGRICULTURE Questions regarding this rulemaking collection must be received by should be addressed to Suzanne December 16, 1996. Food and Consumer Service Fecteau, Chief, Coupon and Retailer Send requests for copies of this Branch, Food Stamp Program, 3101 Park information collection to: Suzanne M. 7 CFR Parts 271, 272, 274, and 278 Center Drive, Alexandria, Virginia Fecteau, Chief, Redemption 22302, or by telephone at (703) 305– Management Branch, Benefit [Amendment No. 343] 2418. Redemption Division, Food and RIN 0584±AB02 Consumer Service, U.S. Department of SUPPLEMENTARY INFORMATION: Agriculture, 3101 Park Center Drive, Food Stamp Program: Miscellaneous Executive Order 12866 Alexandria, VA 22302 or call (703) 305– Farm Bill Provisions Relating to the 2418. This final rule has been determined to Comments are invited on: (a) Whether Authorization of Retail Firms and be significant and was reviewed by the Wholesale Food Concerns the proposed collection of information Office of Management and Budget under is necessary for the performance of the AGENCY: Food and Consumer Service, Executive Order 12866. functions of the agency, including USDA. Executive Order 12372 whether the information will have ACTION: Final rule. practical utility; (b) the accuracy of the The Food Stamp Program is listed in agency’s estimate of the burden of the SUMMARY: This Food Stamp Program the Catalog of Federal Domestic proposed collection of information rulemaking implements the three Assistance under No. 10.551. For the including the validity of the following provisions of the Food, reasons set forth in the final rule and methodology and assumptions used; (c) Agriculture, Conservation and Trade related Notice(s) to 7 CFR part 3015, ways to enhance the quality, utility and Act of 1990 (FACT Act): homeless food subpart V (48 FR 29115, June 24, 1983), clarity of the information to be stamp households may purchase meals this program is excluded from the scope collected; and (d) ways to minimize the with food stamps in restaurants of Executive Order 12372 which burden of collection of information on approved by State agencies for this requires intergovernmental consultation those who are to respond, including purpose, and the Department may with State and local officials. through the use of appropriate periodically require authorized retailers Regulatory Flexibility Act automated, electronic, mechanical, or and wholesalers to be reauthorized to other technological collection participate in the Food Stamp Program, The final rule has been reviewed with techniques or other forms of information and no co-located wholesale/retail food regard to the requirements of the technology. concern may be authorized as a retail Regulatory Flexibility Act of 1980 (5 All responses to this notice will be food store unless the firm does a U.S.C. 601 et seq.). William E. Ludwig, summarized and included in the request substantial level of retail food business, the Administrator of the Food and for OMB approval, and will become a or unless failure to authorize such a firm Consumer Service (FCS), has certified matter of public record. as a retail food store would cause that this final rule will not have a For further information contact hardship to food stamp households. significant economic impact on a Suzanne M. Fecteau, (703) 305–2418. This rulemaking is necessary to substantial number of small entities. Supplementary information: Title: implement sections 1713, 1733 and State and local agencies that administer Food Stamp Application for Stores, 1734 of the FACT Act. The intended the Program will be affected. Some Form FNS–252 (9–93); Food Stamp effects are: to expand the sources of low- restaurants will be affected because they Program for Stores-Reauthorization, cost food to homeless recipients; to will be allowed to accept food stamp Form FCS–252R (2–95);Food Stamp provide the Department with complete benefits in payment for meals served to Program Application for Stores— and current information on retailers and homeless food stamp recipients. The Supplement, Form FNS–252A (8– wholesalers participating in the Food rule will also affect retail food stores 94);Food and Nutrition Service Meal Stamp Program and ensure that only and wholesale food concerns which Services, Form FNS–252–2 (10–79). those firms qualified to participate in accept and redeem food stamp benefits. OMB Number: 0584–0008. the program are authorized; and to Thus, while the rule may affect a Expiration Date of Approval: Three preclude the authorization of the firms substantial number of small entities, the years from date of approval. not needed to effectuate the purposes of effect on any one entity will not be Type of Request: Revision of a the program. significant. currently approved collection. Request 53596 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations for approval of application forms has Part of FCS’ responsibility is to accept providing to the State agency the been previously submitted. This applications from retail food stores, approximate prices that will be charged submission is for an additional restaurants and programs that wish to for meals served to homeless food stamp requirement under section 278.1(i) of participate in the Food Stamp Program, recipients. the Food Stamp Program regulations as review the applications in order to Estimate of Burden: The public described below. The burden associated determine whether or not applicants reporting burden for the collection of with this requirement applies to one meet eligibility requirements, and make information for all applicant firms class of respondents which complete the determinations whether to grant or deny wishing to participate, or continue to form FNS–252–2. authorization to accept and redeem food participate, in the FSP is estimated to stamp benefits. FCS is also responsible average .280 hours per response. Abstract: FCS of the Department of for requiring updates to application Respondents: Retail food stores, Agriculture is the Federal Agency information and reviewing the restaurants and State or local responsible for the Food Stamp information to determine whether or not governments. Program. The Food Stamp Act of 1977, the firms or services continue to meet Estimated Number of Respondents: as amended (7 U.S.C. 2011 et seq.) eligibility requirements. 80,613. requires that the Agency determine the Section 278.1(i) of this rule contains Estimated Number of Responses per eligibility of firms and certain food an information collection requirement. Respondent: 1. service organizations to accept and It requires that restaurants interested in Estimated Total Annual Burden: redeem food stamp benefits and to serving homeless food stamp recipients 18,396. monitor them for compliance and are responsible for obtaining contracts The individual components of the continued eligibility. with the appropriate State agency and burden are as follows:

Annual Hours Form No. and/or title Use re- per re- Annual sponses sponse burden

Form FNS 252, FSP Application for Stores ...... New ...... 26,431 .45 11,894 Form FNS 252±2 FSP ...... New ...... 1 817 1 .226 1 185 Application for Meal Services (including private restaurants) ...... Update 1,775 .1667 296 Form FCS±252R FSP Reauthorization Application ...... Update 51,590 .1167 6021

80,613 18,396 1 Of the 817 new meal service applications, we estimate that 98 will be private restaurants which will be required to obtain a contract with an appropriate State agency. We estimate that the contract requirement will take .50 hours per response, for a total of 49 hours annually.

Send comments regarding the burden for State agencies—administrative found in Pub. L. No. 101–624 at sections estimate or any other aspect of the procedures issued pursuant to 7 U.S.C. 1713, 1733, and 1734, respectively. The information collection, including s 2023 set out at 7 CFR s 276.7 (for rules public was provided a 30-day period to suggestions for reducing the burden, to related to non-quality control (QC) submit comments on the proposed the following address. Please refer to the liabilities) or Part 283 (for rules related provisions. Thirteen comments were OMB Control No. 0584–0008. Office of to QC liabilities); (3) for program received in response to the proposed Information and Regulatory Affairs, retailers and wholesalers— rule. The major concerns raised by the Office of Management and Budget, administrative procedures issued commentors are discussed below. Attention: Desk Officer for FCS, 725 pursuant to 7 U.S.C. s 2023 set out at 7 Authorization of Restaurants to Serve 17th Street, N.W., Washington, D.C. CFR s 278.8. Prepared Meals to Homeless Persons 20503. Background One State agency commented that use Executive Order 12778 On October 23, 1991, the Food and of the terms ‘‘private establishment’’ This final rule has been reviewed Nutrition Service, which has since been and ‘‘restaurant’’ interchangeably in the under Executive Order 12778, Civil redesignated the Food and Consumer proposed rule is confusing and that the Justice Reform. This rule is intended to Service (FCS), published a proposed term ‘‘private homeless meal providers’’ have preemptive effect with respect to rule at 56 FR 54799 to implement the should be used instead. The Department any State or local laws, regulations or three following provisions of the Food, concurs that use of the two policies which conflict with its Agriculture, Conservation and Trade aforementioned terms is confusing. provisions or which would otherwise Act of 1990 (Pub. L. No. 101–624, 104 However, the term ‘‘private homeless impede its full implementation. This Stat. 3359): (1) restaurants may accept meal providers’’ would also be rule is not intended to have retroactive food stamp benefits in exchange for confusing since the regulations contain effect unless so specified in the meals from homeless recipients, and (2) other references to ‘‘private nonprofit ‘‘Effective Date’’ paragraph of this the Department may require a periodic homeless meal providers.’’ In order to preamble. Prior to any judicial challenge reauthorization of authorized firms, and avoid confusion and to clarify which to the provisions of this rule or the (3) no co-located wholesale/retail food types of establishments are being application of its provisions all concern may be authorized as a retail referred to, the Department has used the applicable administrative procedures food store unless the concern does a word ‘‘restaurant’’ in this preamble and must be exhausted. In the Food Stamp substantial level of retail food business, also in the regulatory text. In addition, Program the administrative procedures or failure to authorize such firm would to further assist with clarification, the are as follows: (1) for program benefit cause hardship to food stamp Department has in this rulemaking recipients—state administrative households. These amendments to the specified that those entities other than procedures issued pursuant to 7 U.S.C. Food Stamp Act of 1977, as amended, restaurants feeding the homeless are s 2020 (e)(10) and 7 CFR s 273.15; (2) (the Act) (7 U.S.C. 2011 et seq.) are referred to as ‘‘public or private Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53597 nonprofit’’ homeless meal providers. To reduction must be 10 percent. This is Several commentors stated that the further elucidate the types of not correct. If a restaurant chooses a requirement that State agencies contract establishments to be considered percentage reduction as a means of with restaurants would create a new ‘‘restaurants’’ for the purposes of serving arriving at reduced prices, the amount function for State agencies which are meals to eligible categories of recipients, of the reduction may be a subject for suffering from a lack of resources. These the Department is clarifying that such negotiation between the restaurant and commentors recommended that USDA facilities must be primarily in the the State agency. Thus, the final rule should handle the negotiations and business of selling food. Thus, section 7 does not prescribe a specific rate of contracts with restaurants as well as CFR 278.1(d)(3) is being revised to state reduction in prices of meals sold to monitor restaurants. Another that a restaurant must have more than homeless participants. commentor recommended that the State 50 percent of its total sales in food. One commentor asked whether agency delegate this function to a The Food Stamp Act and the restaurants would be required to post private nonprofit organization. Congress proposed rule permit restaurants to two meal prices—one for the homeless stated in Pub. L. 101–624 which accept food stamp benefits from and one for the other customers. As long amended section 3(g)(9) of the Act (7 homeless recipients but require that as the restaurant charges the homeless U.S.C. 2012 (g)(9)), that restaurants restaurants sell the meals at concessional prices, it will not be eligible for authorization to accept food concessional (reduced) prices. Several necessary for the restaurant to post stamp benefits are those that shall public interest groups and certain state separate prices in order to comply with contract with the appropriate agency of agencies expressed concern that this rule. the State to offer meals to homeless restaurants would not wish to One State agency asked if a restaurant individuals. However, there is no participate in the program if they were which is approved to serve meals to the restriction in the statute which would required to provide meals at reduced elderly and disabled recipients and their preclude State agencies from contracting prices to homeless participants. Another spouses would be required to serve the with private nonprofit organizations to commentor asked whether a restaurant homeless. It is the Department’s administer the restaurant program could argue that its prices are so low position that restaurants approved for contracts. The State agency would, that a further reduction is not providing meals to elderly and disabled however, remain responsible and the reasonable. The Department has further recipients would not be required to sell Department would hold the State considered the requirement for a meals to the homeless. Restaurant agency liable for any action related to ‘‘concessional’’ price and has concluded participation in either of these programs the contract. that an already low price can be One State agency questioned whether is strictly voluntary. considered to meet this requirement. the Food and Consumer Service (FCS) One public interest group stated that This interpretation is consistent with a has review and approval authority over change in restaurant transactions should reference in the relevant legislative contracts with restaurants. State not be limited to 99 cents. Section 7(b) history to a concessional price as a agencies have the initial responsibility ‘‘cheap or reduced’’ price in the of the Act (7 U.S.C. 2016(b)) provides for ensuring that contracts comply with discussion of restaurants serving elderly that eligible households using coupons the provisions of the Act and these and disabled persons offering may receive cash in change so long as regulations. While FCS is responsible concessional prices. H.R. Rep. No. 464, the cash received does not equal or for implementing and enforcing the law 95th Cong., 1st Sess. 333. Due to the exceed the value of the lowest coupon and accompanying regulations regarding similarities in the two provisions, this denomination issued. Thus, cash change the purchase of meals by homeless final rule also refers to a concessional must be limited to 99 cents as mandated participants, FCS is not assuming any price as a ‘‘low or reduced price.’’ by the Act. The Department has no direct responsibility for prior review Another commentor asked whether discretion to change this provision and and approval of contracts between State concessional prices would be has adopted it as final in this agencies and restaurants. However, at determined for each restaurant or for rulemaking. However, in addition to the time a restaurant applies to FCS for each food item. The same commentor giving up to 99 cents in change, a authorization to accept food stamp also asked if there is a predetermined restaurant may use the lowest benefits from homeless persons, the methodology to determine concessional denomination coupon, which is $1. restaurant must present a copy of the prices. Provisions for concessional These coupons must be unmarked and contract with the State agency. At that prices will be determined by the uncancelled for making change. For time, FCS will review the contract to contract between the restaurant and the example, if change in the amount of ensure it meets minimum regulatory State. There is no predetermined $2.50 is due, the restaurant would give requirements. Should a restaurant have methodology for determining the recipient two one-dollar coupons a complaint during negotiation of the concessional prices. It could include, and 50 cents in cash change. contract about any of the provisions but would not be limited to, a simple One State agency commented that it being required by the State agency, the percentage reduction, a set dollar presumed that State sales tax is restaurant may request that FCS review amount reduction, or an offer of a free applicable to restaurant meals the issue. food item or beverage (excluding purchased with coupons by homeless One State agency commented that the alcoholic beverages). Price reductions persons. Section 4(a) of the Act (7 U.S.C. State has no outreach funds to solicit for homeless individuals must be 2013(a)) provides that a State agency participation of restaurants. The negotiated between the restaurant and may not participate in the Food Stamp proposed rule did not mandate that the State. Program if State or local taxes are States employ outreach efforts to solicit One commentor asked what is collected within that State on purchases participation of restaurants. However, if considered a reasonable rate of price made with food stamp benefits. The the State wishes to do so, the reduction. In addition, it has come to Department cannot waive this Department suggests that the State could the Department’s attention that there is provision. Sales tax cannot be collected contact the State restaurant association a perception that if a restaurant’s means on any purchase with food stamp to determine the level of interest of of arriving at reduced prices consists of benefits, whether it be restaurant meals restaurants in participating in this a percentage reduction, that percentage or food purchased in retail food stores. program. 53598 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

One commentor stated that in order to provide restaurants with specially- field offices which are responsible for encourage restaurants to participate in marked sample ID cards. However, to handling such complaints. the program, a simple application maximize flexibility for State agencies, One State agency asked whether fast process, minimal State regulation and the Department has decided not to food restaurants would be eligible to the same prices for homeless and non- specify the mark which must be used. participate. Neither the Act nor these homeless alike are needed. This rule Some State agencies and a public regulations exclude any specific type of does not establish new application interest group commented that requiring restaurants from participation. Thus, if procedures for restaurants; the same restaurants to check the ID cards of a fast food restaurant agrees to provide procedures used for other retailers are homeless persons is discriminatory. One meals to homeless participants at low or used for restaurants. Further, the of these commentors further stated that reduced prices, and otherwise qualifies, Department does not expect States to the requirement to check ID cards places it could be authorized. impose a complex set of regulations in a more restrictive level of accountability One State agency was concerned administering this program. In addition, on restaurants than is placed on grocery about whether restaurants would be able as stated above, the Department has no stores. As stated above, the use of food to participate in areas where the discretion regarding the charging of stamp benefits in restaurants is Electronic Benefit Transfer (EBT) system concessional prices since the restricted to elderly and disabled has been implemented. In accordance requirement that restaurants provide recipients and their spouses, and to with Food Stamp Program regulations at meals at concessional prices is included homeless individuals. Based on this 7 CFR 274.12, all authorized retailers in the law. Of course, restaurants with restriction, the Department believes that (including authorized restaurants) must already low prices would not be it must ensure that only those be afforded the opportunity to required to further reduce prices to individuals entitled to use food stamp participate in the EBT system. homeless food stamp recipients. benefits in restaurants do so. One commentor asked whether it is Additional commentors suggested possible to apply for a waiver of any of The proposed rule provided that that the homeless designation should be the requirements of the proposed rule. homeless recipients’ identification (ID) removed from the ID card once the Food Stamp Program regulations at 7 cards would be marked ‘‘CD,’’ the same recipient is no longer homeless, and CFR 272.3 permit the Department to mark on the card issued to elderly and thus, not eligible to purchase meals in approve requests for waivers to deviate disabled persons eligible for communal restaurants. The Department agrees with from specific regulatory provisions in dining or restaurant meals. Several this suggestion and has amended the some situations. However, because the public interest groups and a few State regulations at 7 CFR 274.10(a)(3) to Department does not have the authority agencies believed that the use of a ensure the applicability of the to waive any provisions of the Act specially-marked ID card for the designation be re-established each time except in special demonstration homeless would stigmatize them and that recertification of eligibility occurs. projects, any request must not relate to publicize their situation. In addition, One State agency commented that the statutory provisions. one commentor stated that a declaration use of food stamp benefits in a Periodic Reauthorization of Retail Food system should be used to identify restaurant is not the best use of food Stores/Wholesale Food Concerns homeless persons. In implementing stamp benefits for those persons section 1713, the Department has looked temporarily living with someone else In order to ensure that participating to its experience with section 3(g)(3) of who may have access to cooking firms continue to be eligible to accept the Act (7 U.S.C. 2012(g)(3)), which facilities. The reference to homeless food stamp benefits, Section 1733 of allows elderly persons and disabled individuals in Section 3(i)(3) of the Act Pub. L. No. 101–624 permits FCS to recipients and their spouses to purchase (7 U.S.C. 2012(3)) does not include require a full and complete periodic meals from restaurants. There is a long- access to cooking facilities as a factor for reauthorization of all firms. The standing procedure which designates determining eligibility of a homeless information obtained in the specially-marked ID cards for elderly person. Thus, the Department does not reauthorization will be used to update and disabled recipients and their have the discretion to define homeless any or all of the information on the spouses and requires restaurants to individuals in terms of whether such firm’s application form. check ID cards unless restaurant individuals have access to cooking One commentor stated that the rule personnel know the individual is facilities. did not set forth adequate criteria for eligible to purchase meals with food One commentor asked how determining whether a retail food store stamp benefits. The Department is not complaints about service to the will be reauthorized and that it would aware of any problems which have homeless at restaurants would be be appropriate to withdraw the resulted from this procedure. In handled. That commentor also asked if proposed rulemaking and issue a further addition, having the specially-marked such complaints would be referred to rulemaking which sets forth criteria for ID card will avoid the recipient having FCS field offices since restaurants reauthorization. The criteria set forth in to verbally declare homelessness in a operate as authorized retailers. The sections 3(k), 3(u) and 9 of the Act for public setting as would the system State agency has primary responsibility the authorization of firms will be used suggested by the commentor. The for enforcement of all provisions of during the reauthorization process to legislation restricts the use of food contracts. Thus, complaints about determine whether firms are qualified to stamp benefits in restaurants to only service to the homeless (e.g., slow participate. The criteria for certain groups of recipients, and the service; rude treatment; spoiled food) authorization (and, thus, periodic only effective method for enforcing this would be referred to the State agency. reauthorization) of firms are not affected restriction is to issue the recipients However, if violations of the Act or by this rule and are the same as those specially-marked ID cards. For reasons regulations are involved (e.g., selling specified in the current Act. Therefore, of program integrity, the Department meals to persons not eligible to buy it is not necessary to reissue those had decided to require specially-marked them, the selling of ineligible items or standards through this rulemaking ID cards. To assist restaurants in cash change violations and unequal action. The Department would call recognizing recipients eligible to treatment of food stamp customers), attention to the new authorization purchase meals, State agencies need to complaints should be referred to FCS criteria made effective on March 25, Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53599

1994 with the passage of section 205 of stamps, but will be subject to the criteria appropriate in defining the term P.L. 103–225, 108 Stat. 108–110. for authorizing retail firms set forth in ‘‘substantial’’. There will be no required The reauthorization will utilize the Sections 3(k) and 3(u) of the Food percentage of total sales which must be same criteria for authorizing new stores Stamp Act of 1977, as amended. in retail food business. to determine whether firms continue to As stated above, Section 1734 The Department believes that the qualify. If FCS finds during the mandated that no co-located wholesale/ restriction on the authorization of co- reauthorization process that a firm no retail food concern may be authorized located retail/wholesale firms is longer qualifies, the firm will be unless it does a substantial retail food intended to limit the participation of withdrawn. If the firm does meet the business. A wholesale firm should have firms not needed to effectuate the appropriate criteria, it will be allowed to what can clearly be recognized as a purpose of the program. For the most continue program participation. retail outlet in order to participate in the part, these firms do limited retail food One commentor stated that the program. It is not the Department’s business. FCS data show that firms with proposed rule does not provide intent to prevent the participation of very limited retail food sales have a adequate notice to existing firms any wholesaler having a legitimate, higher propensity to violate than firms regarding the time period for the substantial retail food business. On the with relatively high retail food sales. periodic reauthorization. The other hand, a wholesale firm which sells Thus, the final rule allows a firm that Department is unable to specify an exact little food at the retail level should not has at least $250,000 in annual retail date or timetable for updating data on be authorized as a retailer. food sales to be authorized. The authorized firms. The periodic The first criterion against which an Department believes that the $250,000 reauthorization of firms will be applicant will be evaluated is whether threshold is a reasonable definition of conducted as resources and time permit. the firm has what can be considered a ‘‘substantial’’ and effectively meets the However, the Department will provide legitimate retail outlet. In determining intent of Congress. The Department is firms with sufficient notice and time to this, several indicators shall be confident that this criterion is fair to all respond to the request for updated considered. For example, is the business wholesale food concerns—large and information. licensed solely as a wholesale business, small—which provide retail services to or is there a separate and distinct Authorization of Wholesale Firms Co- the community and at the same time license for retail sales? Does the firm Located With Retail Food Stores protects the integrity of the program. have separate retail sales tax records The Department would like to again The October 23, 1991, proposed and/or separate bookkeeping records? In emphasize that a co-located firm may be rulemaking included a provision addition, the way the firm holds itself authorized to accept food stamps, even mandated by Section 1734 of Pub. L. out to the public shall be evaluated in if it does not have substantial retail food No. 101–624, that no co-located determining whether a firm is a business, if failure to authorize the firm wholesale/retail food concern may be legitimate retail outlet. This would would cause hardship to food stamp authorized as a retail food store unless include the layout of the retail sales households. (A) such firm does a substantial level of space (e.g., presence of a counter for A co-located wholesale/retail firm retail food business or (B) the Secretary retail customers). Whether a firm must either have a substantial retail determines that failure to authorize such actively seeks out retail trade through food business or demonstrate that a a wholesale/retail food concern as a advertisements, offers specials to attract hardship to recipients would result if it retail food store would cause hardship retail customers, or posts retail prices were not authorized. The proposed to food stamp households. The shall also be considered in determining rulemaking specified the following proposed rule would have required that if a firm is a legitimate retail outlet. In criteria for determining whether a a wholesaler’s retail food sales addition, the hours of operation should hardship to recipients would result from constitute at least 50 percent of its total be considered as well as whether the not authorizing a co-located firm: (1) sales in order to be considered as having firm has parking for retail customers as Program recipients would have ‘‘substantial’’ retail food business. opposed to just a loading dock area. difficulty in finding authorized firms to A commentor stated that the The Department is adding a new accept food stamp benefits for eligible requirement that a firm which is paragraph (A) at 7 CFR 278.1(b)(1)(iv) to foods; (2) special ethnic foods would primarily a wholesaler must have 50 emphasize the fact that a co-located not otherwise be available to recipients; percent of its sales in retail food sales wholesale/retail firm must be a or (3) recipients would be deprived of would be virtually impossible since legitimate retail outlet. This reflects the an opportunity to take advantage of having 50 percent retail food sales longstanding Departmental policy that unusually low prices offered by the would mean the firm was primarily a no firm shall be authorized as a retail firm. The Department did not receive retailer and not a wholesaler. The outlet unless it is a legitimate retailer. any comments on these criteria; Department concurs with the logic of Once it has been determined that the therefore, they are adopted in this final this comment and notes that the statute firm is a legitimate retail outlet, a rule. The Department wishes to stress requires that such firms have a determination must be made as to that a hardship exception can only be substantial retail business. Webster’s whether the co-located firm has a granted to a legitimate retail firm. Dictionary defines substantial as ‘‘being ‘‘substantial’’ level of retail food sales. Finally, if it has been determined that largely, but not wholly that which is One commentor suggested that a co-located firm has a legitimate retail specified.’’ In keeping with the ‘‘substantial’’ be defined as a dollar business and either has annual retail definition and Congressional concern amount (rather than as a percentage), food sales of at least $250,000, or can about integrity problems with firms specifically at least $100,000 in retail demonstrate recipient hardship, its with wholesale components, the food sales annually. Some wholesalers retail food business must then be subject Department has provided in this final may have only a small percentage of to the criteria for authorizing retail firms rule that a firm which has more than 50 their total sales in retail trade, but this set forth in Sections 3(k) and 3(u) of the percent of its total sales in retail food may still be a significant dollar amount. Food Stamp Act of 1977, as amended. sales shall not have to meet the criteria The Department agrees with these A commentor stated that the proposed contained in this final rule in order to comments and has determined that the rule would impose an unnecessary be authorized to accept and redeem food use of a specific dollar threshold is more paperwork burden on retailers and 53600 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations wholesalers. The authority to request PART 271ÐGENERAL INFORMATION PART 274ÐISSUANCE AND USE OF information from applicant firms AND DEFINITIONS COUPONS (including those requesting reauthorization) is contained in 7 CFR 2. In § 271.2: 4. In section 274.10: 278.1(b) of the regulations and is a. The definition of ‘‘Eligible foods’’ is § 274.10 [Amended] approved under OMB Number 0584– amended by removing the word ‘‘and’’ at the end of paragraph (7), removing a. Paragraph (a)(3) is amended by 0008. This rule does not add any new adding a comma and the words ‘‘and to information collection requirements. the period after paragraph (8) and adding a semi-colon and the word homeless households certified for Instead, it modifies current restaurant meals’’ after the word ‘‘and’’ in its place, and by adding a new requirements to allow determinations to ‘‘period’’. paragraph (9). be made on the qualifications of co- b. Paragraph (a)(4)(iii) is redesignated located retail/wholesale firms. b. The definition of ‘‘Homeless meal as paragraph (a)(4)(iv) and a new provider’’ is revised. The same commentor stated that the paragraph (a)(4)(iii) is added. c. The definition of ‘‘Retail food rule would require applicant stores to c. Paragraph (j) is amended by adding store’’ is amended by adding the words provide data concerning their sales four new sentences at the end of the ‘‘or a restaurant that contracts with an volume for both wholesale and retail paragraph. The additions read as appropriate State agency to provide segments of their business and that such follows: meals at concessional (low or reduced) data is classified as trade secrets and is prices to homeless food stamp § 274.10 Use of identification cards and therefore confidential. Retail and households;’’ at the end of paragraph redemption of coupons by eligible wholesale sales data are necessary to (2). households. allow a determination on a co-located (a) * * * retail/wholesale firm’s qualification for The addition and revision read as follows: (4) * * * authorization to accept food stamps as (iii) Eligible homeless households a retail food store. Section 9(c) of the § 271.2 Definitions. may use food stamp benefits to purchase Act (7 U.S.C. 2018(c)) requires that such * * * * * meals from restaurants authorized by information be submitted. Section 1734 Eligible foods * * * (9) In the case of FCS for such purpose. Any homeless of Pub. L. No. 101–624 specifies that homeless food stamp households, meals household eligible for, and interested in, retailer/wholesaler firms must have a prepared by a restaurant which using restaurants in those areas where substantial retail food business, and the contracts with an appropriate State restaurants are authorized to accept food review of sales data is necessary for the agency to serve meals to homeless stamp benefits shall have a specially- meaningful enforcement of the persons at concessional (low or marked ID card. The State agency shall provision. It should be noted, however, reduced) prices. provide samples of specially-marked ID that section 9(c) contains safeguards cards to authorized restaurants. which restrict the use or disclosure of * * * * * Homeless meal provider means: * * * * * such information. (j) * * * However, in the case of (1) A public or private nonprofit homeless food stamp households, List of Subjects establishment (e.g., soup kitchens, neither cash change nor credit slips temporary shelters) that feeds homeless 7 CFR Part 271 shall be returned for food stamps used persons; or for the purchase of prepared meals from Administrative practice and (2) A restaurant which contracts with authorized public and private nonprofit procedure, Food stamps, Grant an appropriate State agency to offer homeless meal providers. Such meal programs—social programs. meals at concessional (low or reduced) providers may use the lowest prices to homeless persons. 7 CFR Part 272 denomination coupons that are * * * * * uncancelled and unmarked for making Alaska, Civil rights, Food stamps, change in food stamp transactions. Grant programs—social programs. PART 272ÐREQUIREMENTS FOR Restaurants which are authorized by Reporting and recordkeeping PARTICIPATING STATE AGENCIES FCS under § 278.1 to provide meals to requirements. 3. Section 272.9 is amended by homeless food stamp recipients shall 7 CFR Part 274 adding two new sentences after the last return cash change to such recipients in sentence to read as follows: food stamp transactions when the Administrative practice and amount of change due is less than one procedures, Food stamps, Grant § 272.9 Approval of homeless meal dollar. If change of one dollar or more programs, social programs, Reporting providers. is due, uncancelled and unmarked one and recordkeeping requirements. ** * The State food stamp agency, dollar coupons shall also be used for 7 CFR Part 278 or another appropriate State or local change. governmental agency identified by the Administrative practice and State food stamp agency or private PART 278ÐPARTICIPATION OF procedure, Banks, Banking, Claims, nonprofit organization under contract RETAIL FOOD STORES, WHOLESALE Food stamps, Groceries—retail, with the State food stamp agency shall FOOD CONCERNS AND INSURED Groceries, General line—wholesaler, execute contracts with restaurants FINANCIAL INSTITUTIONS Penalties. wishing to sell meals in exchange for 5. In section 278.1: food stamp benefits to homeless food Accordingly, 7 CFR parts 271, 272, a. Paragraph (b)(1)(iv) is revised. stamp households. Such contracts shall 274, and 278 are amended as follows: b. Paragraph (c)(5) is revised. specify that such meals are to be sold at c. Paragraph (d)(3) is revised. 1. The authority citation for parts 271, ‘‘concessional’’ (low or reduced) prices d. Paragraphs (i) through (s) are 272, 274, and 278 continues to read as and shall also specify the approximate redesignated as paragraphs (j) through follows: prices which will be charged, or the (t) respectively, and a new paragraph (i) Authority: 7 U.S.C. 2011–2032. amount and type of price reduction. is added. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53601

d. Newly redesignated paragraph (n) (c) Wholesalers. * * * providers’’ the first time they appear in is revised. (5) For one or more specified the third sentence of the paragraph. e. Newly redesignated paragraph (s) is authorized public or private nonprofit d. Paragraph (d) is amended by amended by adding the words ‘‘public homeless meal providers. adding the words ‘‘public or private and private nonprofit’’ before the words * * * * * nonprofit’’ before the words ‘‘homeless ‘‘homeless meal provider’’ and (d) Meal services. *** meal providers’’ in the third sentence. ‘‘homeless meal providers’’ each time (3) It is a restaurant operating under e. Paragraph (g) is amended by adding they appear. (six occurrences). a contract with a State or local agency the words ‘‘public and private The revisions and additions read as to prepare and serve (or deliver) low- nonprofit’’ before the words ‘‘homeless follows: cost meals to homeless persons, elderly meal providers’’ wherever they occur persons and SSI recipients (and in the (two occurrences). § 278.1 Approval of retail food stores and f. Paragraph (h) is amended by adding wholesale food concerns. case of meal delivery services, to elderly persons or handicapped persons) and the words ‘‘public or private nonprofit’’ * * * * * their spouses. Such a facility must have before the words ‘‘homeless meal (b) Determination of authorization. providers’’ in the last sentence of the *** more than 50 percent of its total sales in food. The contracts of restaurants must paragraph. (1) The nature and extent of the food g. Paragraph (1) is amended by adding business conducted by the applicant. specify the approximate prices which will be charged. the words ‘‘public and private *** nonprofit’’ before the words ‘‘Homeless (iv) No co-located wholesale/retail * * * * * meal provider’’ and before the words food concern with 50 percent or less of (i) Private homeless meal providers. ‘‘homeless meal providers’’. its total sales in retail food sales may be FCS may authorize as retail food stores authorized to redeem food stamps those restaurants which contract with § 278.3 [Amended] unless it meets the criteria applicable to the appropriate State agency to serve 7. In § 278.3, paragraph (a) is all retail firms and: meals to homeless persons at amended by adding the words ‘‘public (A) It is a legitimate retail food outlet. ‘‘concessional’’ (low or reduced) prices. or private nonprofit’’ before the words Indicators which may establish to FCS Restaurants shall be responsible for ‘‘homeless meal providers’’ wherever that a firm is a legitimate retail food obtaining contracts with the appropriate they occur (three occurrences). outlet include, but are not limited to, State agency as defined in § 272.9 and the following: for providing a copy of the contract to § 278.4 [Amended] (1) The firm’s marketing structure; as FCS at the time it applies for 8. In § 278.4, the second sentence of may be determined by factors such as, authorization to accept food stamp paragraph (c) is amended by adding the but not limited to: benefits. Contracts must specify the words ‘‘public or private nonprofit’’ (i) A retail business license; approximate prices which will be before the words ‘‘homeless meal (ii) The existence of sales tax records charged. Examples of reduced prices providers.’’ documenting retail food sales; and/or include, but are not limited to, a Dated: September 27, 1996. separate bookkeeping records; and percentage reduction, a set dollar Ellen Haas, (2) The way the firm holds itself out amount reduction, a daily special meal, to the public as evidenced by factors or an offer of a free food item or Under Secretary for Food, Nutrition, and Consumer Services. such as, but not limited to: beverage (excluding alcoholic (i) The layout of the retail sales space; beverages). [FR Doc. 96–26067 Filed 10–11–96; 8:45 am] (ii) The use of retail advertisements; BILLING CODE 3410±30±U (iii) The posting of retail prices; * * * * * (iv) Offering specials to attract retail (n) Periodic reauthorization. At the customers; request of FCS a retail food store or Animal and Plant Health Inspection (v) Hours of operation for retail wholesale food concern will be required Service business; to undergo a periodic reauthorization (vi) Parking area for retail customers; determination by updating any or all of 7 CFR Part 301 and the information on the firm’s (B) It has total annual retail food sales application form. Failure to cooperate in [Docket No. 96±063±1] of at least $250,000; or the reauthorization process will result Imported Fire Ant; Approved (C) It is a legitimate retail outlet but in withdrawal of the firm’s approval to Treatments fails to meet the requirements in participate in the program. paragraph (b)(1)(iv)(B) of this section, * * * * * AGENCY: Animal and Plant Health and not authorizing such a firm would Inspection Service, USDA. cause hardship to food stamp § 278.2 [Amended] ACTION: Direct final rule. households. Hardship would occur in 6. In § 278.2: any one of the following circumstances: a. Paragraph (a) is amended by adding SUMMARY: We are amending the (1) Program recipients would have the words ‘‘public or private nonprofit’’ imported fire ant regulations to lengthen difficulty in finding authorized firms to before the word ‘‘homeless’’ in the last the certification period for containerized accept their coupons for eligible food; sentence of the paragraph. nursery stock treated with a 10 parts per (2) Special ethnic foods would not b. The third sentence of paragraph (b) million dosage of the insecticide otherwise be available to recipients; or is amended by adding the words tefluthrin in its granular formulation (3) Recipients would be deprived of ‘‘public or private nonprofit’’ before the and to remove the 15 parts per million an opportunity to take advantage of words ‘‘homeless meal providers’’, and dosage rate for granular tefluthrin. unusually low prices offered by the firm before the words ‘‘homeless meal Research has demonstrated that a 10 if no other authorized firm in the area provider’’. parts per million dosage of granular offers the same types of food items at c. Paragraph (c) is amended by adding tefluthrin is efficacious for 18 months, comparable prices. the words ‘‘public or private nonprofit’’ which is 12 months longer than the * * * * * before the words ‘‘homeless meal current certification period for that 53602 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations dosage and 6 months longer than the methods and procedures prescribed in Following the close of that comment current certification period for a 15 the appendix to the subpart, which sets period, the comments will be parts per million dosage. Lengthening forth the treatment provisions of the considered, and a final rule addressing the certification period for the 10 parts ‘‘Imported Fire Ant Program Manual.’’ the comments will be published. per million dosage and removing the 15 Currently, the appendix offers three As discussed above, if we receive no parts per million dosage will reduce the dosage rate/certification period options written adverse comments nor written amount of insecticide used, which will for granular tefluthrin: 0 to 6 months for notice of intent to submit adverse reduce the costs incurred by persons a 10 parts per million (ppm) dosage, 0 comments within 30 days of publication moving containerized nursery stock to 12 months for a 15 ppm dosage, and of this direct final rule, this direct final interstate from areas quarantined for the a continuous certification period for a rule will become effective 60 days imported fire ant. 25 ppm dosage. following its publication. We will DATES: This rule will be effective on Tests conducted by the Animal and publish a notice to this effect in the December 16, 1996 unless we receive Plant Health Inspection Service’s Federal Register, before the effective written adverse comments or written Imported Fire Ant Methods date of this direct final rule, confirming notice of intent to submit adverse Development Station in Gulfport, MS, that it is effective on the date indicated comments on or before November 14, have demonstrated that granular in this document. 1996. tefluthrin incorporated at a dosage rate of 10 ppm into soil or potting media for Executive Order 12866 and Regulatory ADDRESSES: Please send an original and Flexibility Act three copies of any adverse comments or containerized nursery stock is notice of intent to submit adverse efficacious for 18 months. This is 12 This rule has been reviewed under comments to Docket No. 96–063–1, months longer than the current Executive Order 12866. For this action, Regulatory Analysis and Development, certification period for a 10 ppm dosage the Office of Management and Budget PPD, APHIS, suite 3C03, 4700 River and 6 months longer than the current has waived its review process required Road Unit 118, Riverdale, MD 20737– certification period for a 15 ppm dosage. by Executive Order 12866. 1238. Please state that your submission Based on that efficacy data, we have This direct final rule amends the refers to Docket No. 96–063–1. determined that containerized nursery regulations by lengthening the Submissions received may be inspected stock can be certified for interstate certification period for containerized at USDA, room 1141, South Building, movement for 18 months after treatment nursery stock treated with a 10 ppm 14th Street and Independence Avenue with granular tefluthrin at a dosage rate dosage of granular tefluthrin and by of 10 ppm. removing the 15 ppm dosage rate for SW., Washington, DC, between 8 a.m. Therefore, this direct final rule will and 4:30 p.m., Monday through Friday, granular tefluthrin. Lengthening the amend the appendix to the regulations certification period for the 10 ppm except holidays. Persons wishing to by increasing the certification period for inspect comments and notices are dosage and removing the 15 ppm dosage the 10 ppm dosage of granular tefluthrin will reduce the amount of insecticide requested to call ahead on (202) 690– from 0–6 months to 0–18 months. In 2817 to facilitate entry into the used, which will reduce the costs light of that longer certification period incurred by persons moving comment reading room. for the lower 10 ppm dosage, the 15 FOR FURTHER INFORMATION CONTACT: Mr. containerized nursery stock interstate ppm dosage, which has a certification from areas quarantined for the imported Ronald P. Milberg, Operations Officer, period of 0 to 12 months, is no longer Domestic and Emergency Operations, fire ant. necessary and will be removed. The The number of current users of PPQ, APHIS, 4700 River Road Unit 134, dosage rate of 25 ppm will be required Riverdale, MD 20737–1236, (301) 734– granular tefluthrin—and the number of for certification of containerized nursery potential new users that may result from 5255; or E-mail: stock for interstate movement from [email protected]. this rule change—is not known, but quarantined areas for more than 18 most are assumed to be small entities SUPPLEMENTARY INFORMATION: months. (wholesalers of nursery stock having Background Dates fewer than 100 employees, and retail Imported fire ants, Solenopsis invicta We are publishing this rule without a nurseries having less than $5 million in Buren and Solenopsis richteri Forel, are prior proposal because we view this annual revenue). Several thousand aggressive, stinging insects that, in large action as noncontroversial and nursery wholesalers and retailers have numbers, can seriously injure or even anticipate no adverse public comment. signed compliance agreements under kill livestock, pets, and humans. The This rule will be effective, as published the imported fire ant regulations, but imported fire ant feeds on crops and in this document, 60 days after the date not all of these are necessarily shipping builds large, hard mounds that damage of publication in the Federal Register restricted products requiring the farm and field machinery. unless we receive written adverse application of granular tefluthrin or The regulations in ‘‘Subpart— comments or written notice of intent to alternative chemicals out of the Imported Fire Ant’’ (7 CFR 301.81 submit adverse comments within 30 regulated areas. Moreover, most through 301.81–10, referred to below as days of the date of publication of this nurseries under compliance agreements the regulations) quarantine infested rule in the Federal Register. currently use treatments other than States or infested areas within States Adverse comments are comments that tefluthrin. Therefore, an estimate of how and impose restrictions on the interstate suggest the rule should not be adopted many small entities will be affected by movement of certain regulated articles or that suggest the rule should be this rule change is difficult, but they from those quarantined States or areas changed. may number in the hundreds. for the purpose of preventing the If we receive written adverse Costs for most users of granular artificial spread of the imported fire ant. comments or written notice of intent to tefluthrin will be reduced because of the Sections 301.81–4 and 301.81–5 of the submit adverse comments, we will increased period of certification. Under regulations provide, among other things, publish a notice in the Federal Register the current regulations, a dose rate of 15 that regulated articles requiring withdrawing this rule before the ppm is required for a certification treatment prior to interstate movement effective date. We will then publish a period up to 12 months and a dose rate must be treated in accordance with the proposed rule for public comment. of 25 ppm is required for a certification Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53603 period greater than 12 months. Thus, a PART 301ÐDOMESTIC QUARANTINE and adding commuted traveltime cost savings of from 33 to 60 percent NOTICES allowances for travel between various will be realized by purchasers of locations in Canada, Louisiana, granular tefluthrin who ship their 1. The authority citation for part 301 Michigan, and Washington. Commuted products out of the restricted areas continues to read as follows: traveltime allowances are the periods of between 12 and 18 months after Authority: 7 U.S.C. 150bb, 150dd, 150ee, time required for Plant Protection and treatment. The current retail price of 150ff, 161, 162, and 164–167; 7 CFR 2.22, Quarantine employees to travel from granular tefluthrin is about $4.00 per 2.80, and 371.2(c). their dispatch points and return there pound, but prices can vary considerably 2. In part 301, Subpart—Imported Fire from the places where they perform depending upon whether or not it is Ant, in the appendix to the subpart, Sunday, holiday, or other overtime purchased in bulk. A 33 to 60 percent paragraph III.C.3.c. is amended by duty. The Government charges a fee for cost savings realized by applying revising the dosage table to read as certain overtime services provided by tefluthrin at a 10 ppm dose rate rather follows: Plant Protection and Quarantine than a 15 or 25 ppm dose rate could employees and, under certain mean a savings of about $1.33 to $2.40 SubpartÐImported Fire Ant circumstances, the fee may include the in the application of one pound of * * * * * cost of commuted traveltime. This granular tefluthrin. action is necessary to inform the public We do not anticipate that there will be Appendix to Subpart ‘‘Imported Fire of commuted traveltime for these a noticeable impact on small entities Ant’’—Portion of ‘‘Imported Fire Ant locations. that distribute agricultural chemicals. Program Manual’’ 8 EFFECTIVE DATE: October 15, 1996. Distributors of agricultural chemicals III. Regulatory Procedures are diversified businesses that sell a FOR FURTHER INFORMATION CONTACT: Mr. wide variety of chemicals, fertilizers, * * * * * James Smith, Operations Officer, Port C. Approved Treatments. and other farm and nursery supplies. Operations, PPQ, APHIS, Suite 4A34, We do not expect any significant * * * * * 4700 River Road Unit 60, Riverdale, MD economic impact on any other small 3. Plants—Balled or in Containers 20737–1236, (301) 734–8415. entities. * * * * * SUPPLEMENTARY INFORMATION: Under these circumstances, the c. Tefluthrin: Granular Formulation. Administrator of the Animal and Plant Background Health Inspection Service has * * * * * determined that this action will not Dosage: *** The regulations in 7 CFR, chapter III, have a significant economic impact on and 9 CFR, chapter I, subchapter D, Certification require inspection, laboratory testing, a substantial number of small entities. Granular tefluthrin dosage period (months (parts per million) after treatment) certification, or quarantine of certain Executive Order 12372 plants, plant products, animals, animal This program/activity is listed in the 10 ppm ...... 0±18 months. byproducts, or other commodities Catalog of Federal Domestic Assistance 25 ppm ...... Continuous. intended for importation into, or under No. 10.025 and is subject to exportation from, the United States. Executive Order 12372, which requires * * * * * When these services must be provided intergovernmental consultation with Done in Washington, DC, this 8th day of by an employee of Plant Protection and October 1996. State and local officials. (See 7 CFR part Quarantine (PPQ) on a Sunday or 3015, subpart V.) A. Strating, holiday, or at any other time outside the Acting Administrator, Animal and Plant PPQ employee’s regular duty hours, the Executive Order 12988 Health Inspection Service. Government charges a fee for the This rule has been reviewed under [FR Doc. 96–26348 Filed 10–11–96; 8:45 am] services in accordance with 7 CFR part Executive Order 12988, Civil Justice BILLING CODE 3410±34±P 354. Under circumstances described in Reform. This rule: (1) Preempts all State § 354.1(a)(2), this fee may include the and local laws and regulations that are cost of commuted traveltime. Section inconsistent with this rule; (2) has no 7 CFR Part 354 354.2 contains administrative retroactive effect; and (3) does not [Docket No. 95±049±1] instructions prescribing commuted require administrative proceedings traveltime allowances, which reflect, as before parties may file suit in court Commuted Traveltime Periods: nearly as practicable, the periods of time challenging this rule. Overtime Services Relating to Imports required for PPQ employees to travel and Exports from their dispatch points and return Paperwork Reduction Act there from the places where they AGENCY: Animal and Plant Health perform Sunday, holiday, or other This rule contains no information Inspection Service, USDA. collection or recordkeeping overtime duty. ACTION: Final rule. requirements under the Paperwork We are amending § 354.2 of the Reduction Act of 1995 (44 U.S.C. 3501 SUMMARY: We are amending the regulations by removing and adding et seq.). regulations concerning overtime commuted traveltime allowances for List of Subjects in 7 CFR Part 301 services provided by employees of Plant travel between various locations in Protection and Quarantine by removing Canada, Louisiana, Michigan, and Agricultural commodities, Plant Washington. The amendments are set diseases and pests, Quarantine, 8 A copy of the entire ‘‘Imported Fire Ant Program forth in the rule portion of this Reporting and recordkeeping Manual’’ may be obtained from the Animal and document. This action is necessary to requirements, Transportation. Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency inform the public of the commuted Accordingly, 7 CFR part 301 is Operations, 4700 River Road Unit 134, Riverdale, traveltime between the dispatch and amended as follows: MD 20737–1236. service locations. 53604 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

Effective Date an insignificant portion of the total Paperwork Reduction Act number of requests for these services in The commuted traveltime allowances This rule contains no new appropriate for employees performing the United States. Under these circumstances, the information collection or recordkeeping services at ports of entry, and the requirements under the Paperwork features of the reimbursement plan for Administrator of the Animal and Plant Health Inspection Service has Reduction Act of 1995 (44 U.S.C. 3501 recovering the cost of furnishing port of et seq.). entry services, depend upon facts determined that this action will not within the knowledge of the Department have a significant economic impact on List of Subjects in 7 CFR Part 354 a substantial number of small entities. of Agriculture. It does not appear that Exports, Government employees, public participation in this rulemaking Executive Order 12372 Imports, Plant diseases and pests, proceeding would make additional Quarantine, Reporting and relevant information available to the This program/activity is listed in the Catalog of Federal Domestic Assistance recordkeeping requirements, Travel and Department. transportation expenses. Accordingly, pursuant to the under No. 10.025 and is subject to administrative procedure provisions in Executive Order 12372, which requires Accordingly, 7 CFR part 354 is 5 U.S.C. 553, we find upon good cause intergovernmental consultation with amended as follows: that prior notice and other public State and local officials. (See 7 CFR part procedure with respect to this rule are 3015, subpart V.) PART 354ÐOVERTIME SERVICES RELATING TO IMPORTS AND impracticable and unnecessary; we also Executive Order 12988 find good cause for making this rule EXPORTS; AND USER FEES effective less than 30 days after This final rule has been reviewed under Executive Order 12988, Civil 1. The authority citation for part 354 publication of this document in the continues to read as follows: Federal Register. Justice Reform. This rule is intended to have preemptive effect with respect to Authority: 7 U.S.C. 2260; 21 U.S.C. 136 Executive Order 12866 and Regulatory any State or local laws, regulations, or and 136a; 49 U.S.C. 1741; 7 CFR 2.22, 2.80, Flexibility Act policies that conflict with its provisions and 371.2(c). This final rule has been reviewed or that would otherwise impede its full 2. Section 354.2 is amended by under Executive Order 12866. For this implementation. This rule is not removing or adding in the table, in action, the Office of Management and intended to have retroactive effect. alphabetical order, the following entries Budget has waived its review process There are no administrative procedures to read as follows: required by Executive Order 12866. that must be exhausted prior to any The number of requests for overtime judicial challenge to the provisions of § 354.2 Administrative instructions services of a PPQ employee at the this rule or the application of its prescribing commuted traveltime. locations affected by our rule represents provisions. * * * * *

COMMUTED TRAVELTIME ALLOWANCES [In hours]

Metropolitan area Location covered Served from Out- Within side

[Remove]

******* Louisiana: Barksdale AFB, Shreveport ...... 31¤2

******* England AFB ...... Alexandria ...... 1 England AFB, Alexandria ...... Baton Rouge ...... 5 England AFB, Alexandria ...... Monroe ...... 4

******* Lake Charles ...... Alexandria ...... 4

******* Michigan: Bay City ...... Detroit ...... 5 Battle Creek ...... Kalamazoo ...... 2 Detroit (including Detroit Metropolitan Airport, Inkster) ...... 3

******* Monroe ...... Detroit ...... 3 Mt. Clemens ...... Romulus ...... 4 Muskegon ...... Detroit ...... 6

******* Muskegon ...... Kalamazoo ...... 4 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53605

COMMUTED TRAVELTIME ALLOWANCESÐContinued [In hours]

Metropolitan area Location covered Served from Out- Within side

******* Port Huron ...... Detroit ...... 4 Saginaw ...... Detroit ...... 5 Selfridge AFB ...... Romulus ...... 4 South Haven ...... Detroit ...... 6

******* Washington:

******* Undesignated Ports ...... Portland, OR, Tacoma, Seattle ...... 3

******* [Add]

******* Canada: Vancouver, BC (Including Richmond) ...... Blaine ...... 4

******* Louisiana:

******* England Air Park ...... Baton Rouge ...... 5 England Air Park ...... Shreveport ...... 5 England Air Park ...... Monroe ...... 4

******* Michigan: Battle Creek ...... Grand Rapids ...... 3 Bay City ...... Mt. Pleasant ...... 3 Detroit (including Detroit Metropolitan Airport, and Willow Romulus/Detroit ...... 3 Run Airport).

******* Saginaw ...... Mt. Pleasant ...... 3 Selfridge AFB ...... Port Huron ...... 3

******* Washington:

******* Fairchild AFB ...... Ellensburg ...... 6 Fairchild AFB ...... Spokane ...... 2

******* Spokane International Airport ...... Ellensburg ...... 6 Spokane International Airport ...... Spokane ...... 2

******* Undesignated Ports ...... Astoria or Portland, OR; Blaine, Ellensburg, Seattle, Spo- ...... 3 kane, Tacoma.

******* 53606 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

Done in Washington, DC, this 8th day of parties may file suit in court. Under Potato Marketing Committee October 1996. § 608c(15)(A) of the Act, any handler (committee), the agency established for A. Strating, subject to an order may file with the local administration of the marketing Acting Administrator, Animal and Plant Secretary a petition stating that the order, to periodically investigate and Health Inspection Service. order, any provision of the order, or any assemble data on the growing, [FR Doc. 96–26349 Filed 10–11–96; 8:45 am] obligation imposed in connection with harvesting, shipping, and marketing BILLING CODE 3410±34±P the order is not in accordance with law conditions of Maine potatoes. The and request a modification of the order committee endeavored to achieve or to be exempted therefrom. A handler orderly marketing and improve Agricultural Marketing Service is afforded the opportunity for a hearing acceptance of Maine potatoes through on the petition. After the hearing the the establishment of minimum size and 7 CFR Part 950 Secretary would rule on the petition. quality requirements. When regulated, [Docket No. FV95±950±1FR] The Act provides that the district court fresh potato shipments consisted only of of the United States in any district in those grades and sizes desired by Irish Potatoes Grown in Maine; which the handler is an inhabitant, or consumers. Termination of Marketing Order No. has a principal place of business, has The Maine potato industry has not 950 jurisdiction to review the Secretary’s operated under the marketing order for ruling on the petition, provided an almost three decades. Regulations have AGENCY: Agricultural Marketing Service, action is filed not later than 20 days not been applied to Maine potato USDA. after the date of the entry of the ruling. handlers since the late 1960’s and a ACTION: Final rule. Pursuant to requirements set forth in committee to locally administer the the Regulatory Flexibility Act (RFA), the marketing order has not been appointed SUMMARY: This rule terminates the Agricultural Marketing Service (AMS) since the early 1970’s. In August 1954, Federal marketing order regulating the has considered the economic impact of when the marketing order was issued, handling of Irish potatoes grown in this action on small entities. there were almost 4,500 producers of Maine (order) and the rules and The purpose of the RFA is to fit Maine potatoes. Currently, there are regulations issued thereunder. The regulatory actions to the scale of about 750 producers. Maine potato industry has not operated business subject to such actions in order While a sizeable potato industry under the order for almost three decades that small businesses will not be unduly remains active in Maine, there seems to and the order does not reflect current or disproportionately burdened. be virtually no interest in a Federal industry structure and operating Marketing orders issued pursuant to the marketing order. Over the years, there procedures. Thus, there is no need to Act, and rules issued thereunder, are have been periodic inquiries about continue this order. unique in that they are brought about reviving the marketing order, but no EFFECTIVE DATE: November 14, 1996. through group action of essentially small entities acting on their own formal requests for reactivation have FOR FURTHER INFORMATION CONTACT: behalf. Thus, both statutes have small ever materialized. In any case, with the Robert F. Matthews, Marketing entity orientation and compatibility. passage of time and changes in industry Specialist, Marketing Order There are approximately 750 structure and operating practices since Administration Branch, Fruit and producers of Maine potatoes. Some of the order was formulated, the marketing Vegetable Division, AMS, USDA, P.O. them are also handlers who would be order does not reflect current industry Box 96456, room 2523–S, Washington, subject to seasonal handling regulations structure and operating procedures. DC 20090–6456, telephone (202) 690- under the order. Small agricultural A proposed rule was published in the 0464, FAX (202) 720–5698. producers have been defined by the November 16, 1995, issue of the Federal SUPPLEMENTARY INFORMATION: This final Small Business Administration (13 CFR Register giving interested persons until rule is governed by the provisions of 121.601) as those having annual receipts December 18, 1995, to file written § 608c(16)(A) of the Agricultural of less than $500,000, and small comments. No comments were received. Marketing Agreement Act of 1937, as agricultural service firms, which Pursuant to § 608c(16)(A) of the Act amended (7 U.S.C. 601–674), hereinafter include handlers, are defined as those and § 950.84 of the order, the Secretary referred to as the Act and § 950.84 of the whose annual receipts are less than has determined that Marketing Order order. $5,000,000. The majority of the Maine No. 950, covering Irish potatoes grown This regulatory action is being taken potato producers and handlers may be in Maine, and the rules and regulations as a part of the National Performance classified as small entities. issued thereunder, no longer tend to Review to eliminate unnecessary No seasonal regulations have been effectuate the declared policy of the Act, regulations and to improve those that implemented under the order since the and are hereby terminated. Trustees remain in force. 1967–68 season. There is no indication need not be appointed to continue in The Department of Agriculture that regulations will again be needed. the capacity of concluding and (Department) is issuing this rule in This action terminates the order and liquidating the affairs of the former conformance with Executive Order regulations issued thereunder. Further, committee, since no funds or property 12866. the order does not reflect current remain to be distributed or liquidated. This final rule has been reviewed industry structure and operating Section 608c(16)(A) of the Act under Executive Order 12988, Civil procedures. Therefore, AMS has requires the Secretary to notify Congress Justice Reform. This rule is not intended determined that this action will not 60 days in advance of the termination of to have retroactive effect. This rule will have a significant impact on a a Federal marketing order. Congress has not preempt any State or local laws, substantial number of small entities. been so notified. regulations, or policies, unless they The order was initially established on List of Subjects in 7 CFR Part 950 present an irreconcilable conflict with August 24, 1954, to help the industry this rule. solve specific marketing problems and Marketing agreements, Potatoes, The Act provides that administrative maintain orderly marketing conditions. Reporting and recordkeeping proceedings must be exhausted before It was the responsibility of the Maine requirements. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53607

PART 950Ð[REMOVED] SUPPLEMENTARY INFORMATION: This final Business Administration (13 CFR rule is issued under Marketing Order 121.601) as those having annual receipts For the reasons set forth in the No. 981 (7 CFR Part 981), as amended, of less than $5,000,000, and small preamble, and under the authority of 7 regulating the handling of almonds agricultural producers are defined as U.S.C. 601–674, 7 CFR part 950 is grown in California, hereinafter referred those having annual receipts of less than removed. to as the ‘‘order.’’ This order is effective $500,000. The majority of handlers and Dated: October 4, 1996. under the Agricultural Marketing producers of California almonds may be Michael V. Dunn, Agreement Act of 1937, as amended (7 classified as small entities. Assistant Secretary, Marketing and U.S.C. 601–674), hereinafter referred to This rule finalizes a change in the Regulatory Programs. as the ‘‘Act.’’ order’s administrative rules and [FR Doc. 96–26347 Filed 10–11–96; 8:45 am] The Department of Agriculture regulations to remove an exemption BILLING CODE 3410±02±P (Department) is issuing this rule in from inspection for the Peerless variety conformance with Executive Order of almonds sold inshell as bleaching 12866. stock. It also modifies the definition of 7 CFR Part 981 This rule has been reviewed under adjusted kernel weight so that adjusted Executive Order 12988, Civil Justice kernel weight for the Peerless variety is [Docket No. FV96±981±3FIR] Reform. This rule is not intended to based on actual weight, consistent with Almonds Grown in California; Change have retroactive effect. This rule will other almonds, rather than calculated in Quality Control Requirements not preempt any State or local laws, with a predetermined conversion factor regulations, or policies, unless they known as a shelling ratio. The majority AGENCY: Agricultural Marketing Service, present an irreconcilable conflict with of handlers already have all almonds USDA. this rule. inspected, including the Peerless ACTION: Final rule. The Act provides that administrative variety. Therefore, this rule will better proceedings must be exhausted before reflect current industry practice. In SUMMARY: The Department of parties may file suit in court. Under addition, this rule is needed to bring the Agriculture (Department) is adopting as section 608c(15)(A) of the Act, any administrative rules and regulations a final rule, without change, the handler subject to an order may file into conformance with amendments to provisions of an interim final rule with the Secretary a petition stating that the marketing order recently approved changing the quality control the order, any provision of the order, or by a majority vote of producers. Since requirements currently prescribed under any obligation imposed in connection virtually all of the Peerless almonds the California almond marketing order. with the order is not in accordance with sold inshell are currently inspected, The marketing order regulates the law and request a modification of the there is little or no impact expected on handling of almonds grown in order or to be exempted therefrom. A small businesses. California and is administered locally handler is afforded the opportunity for Therefore, the AMS has determined by the Almond Board of California a hearing on the petition. After the that this action will not have a (Board). This rule removes the hearing the Secretary would rule on the significant economic impact on a exemption from inspection for the petition. The Act provides that the substantial number of small entities. Peerless variety of almonds sold inshell. district court of the United States in any The interim final rule was issued on This change is needed to bring the district in which the handler is an August 14, 1996, and published in the administrative rules and regulations inhabitant, or has his or her principal Federal Register (61 FR 42990, August into conformance with amendments to place of business, has jurisdiction to 20, 1996), with an effective date of the marketing order recently approved review the Secretary’s ruling on the August 21, 1996. That rule amended by a majority vote of producers. In petition, provided an action is filed not §§ 981.401 and 981.442 of the rules and addition, this change will better reflect later than 20 days after date of the entry regulations in effect under the order. current industry practices because most of the ruling. That rule provided a 30-day comment almonds are already inspected, Pursuant to requirements set forth in period which ended September 19, including the Peerless variety. the Regulatory Flexibility Act (RFA), the 1996. No comments were received. DATES: November 14, 1996. Agricultural Marketing Service (AMS) The almond marketing order FOR FURTHER INFORMATION CONTACT: has considered the economic impact of authorizes quality control provisions Kathleen M. Finn, Marketing Specialist, this action on small entities. which include a requirement that Marketing Order Administration The purpose of the RFA is to fit almonds must be inspected prior to Branch, F&V, AMS, USDA, room regulatory actions to the scale of processing to determine the percentage 2530–S, P.O. Box 96456, Washington, business subject to such actions in order of inedible kernels in each lot, and to DC 20090–6456: telephone: (202) 720– that small businesses will not be unduly determine the adjusted kernel weight of 1509, Fax # (202) 720–5698; or Martin or disproportionately burdened. almonds in each lot. Inedible kernels are Engeler, California Marketing Field Marketing orders issued pursuant to the reported to individual handlers and the Office, Marketing Order Administration Act, and rules issued thereunder, are Board, and handlers are required to Branch, F&V, AMS, USDA, 2202 unique in that they are brought about dispose of a quantity of almonds equal Monterey Street, suite 102B, Fresno, through group action of essentially to their inedible obligation as California 93721; telephone: (209) 487– small entities acting on their own determined by the inspection. Inedible 5901, Fax # (209) 487–5906. Small behalf. Thus, both statutes have small kernels are disposed of to non-human businesses may request information on entity orientation and compatibility. consumption outlets for such uses as compliance with this regulation by There are approximately 115 handlers animal feed or crushing into oil. contacting: Jay Guerber, Marketing of almonds who are subject to regulation Adjusted kernel weight is reported to Order Administration Branch, Fruit and under the order and approximately handlers by the Federal-State Inspection Vegetable Division, AMS, USDA, P.O. 7,000 producers of almonds in the Service (FSIS). Handlers are then Box 96456, room 2525–S, Washington, regulated area. Small agricultural required to report adjusted kernel DC 20090–6456; telephone (202) 720– service firms, which includes handlers, weight to the Board, who uses the 2491; Fax # (202) 720–5698. have been defined by the Small information to report industry statistics. 53608 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

The rules and regulations under the kernel weight. Currently, the adjusted been assigned to the Office of the Chief marketing order currently exempt from kernel weight of Peerless inshell Financial Officer (OCFO) (60 FR 56392– inspection the Peerless variety of almonds is based on a predetermined 56465, revising 7 CFR Part 2). almonds used as bleaching stock and weight contained in the shelling ratio EFFECTIVE DATE: This final rule is sold inshell. When the quality control table that was removed from the effective October 15, 1996. regulations were initially implemented, marketing order. Since Peerless inshell it was determined there was no need to almonds will be required to have FOR FURTHER INFORMATION CONTACT: establish the percentage of inedible inspection, the actual kernel weight will Richard Guyer, Director, Fiscal Policy kernels of almonds sold inshell, which be determined, thus providing an Division, Office of the Chief Financial at that time were predominately of the accurate weight. Officer, USDA room 3022, South Peerless variety, because inedible The information collection Building, 14th and Independence kernels could not be removed from requirements contained in the Avenue, S.W., Washington, DC 20250, product sold inshell and thus could not referenced sections have been (202) 690–0291. be disposed of in non-human previously approved by the Office of consumption outlets. Therefore, inshell Management and Budget (OMB) under SUPPLEMENTARY INFORMATION: In support almonds, including Peerless, are exempt the provisions of 44 U.S.C. Chapter 35 of the Department of Agriculture’s from meeting the inedible disposition and have been assigned OMB number regulatory reform initiative, it has been obligation. However, in order to 0581–0071. determined that this regulation is determine the kernel weight of Peerless After consideration of all relevant unnecessary. It deals with the internal almonds sold inshell for reporting to the material presented, including the structure of an organization, OFM, that Board, a predetermined shelling ratio Board’s recommendation, and other was eliminated in the recent contained in the marketing order has information, it is found that finalizing reorganization of USDA. The duties of been used in the absence of inspection. the interim final rule, without change, OFM were delegated to the newly This shelling ratio converted the weight as published in the Federal Register (61 established OCFO. of inshell almonds to a shelled weight, FR 42990, August 20, 1996) will tend to Authority: 5 U.S.C. 301, 552 or kernel weight. Over time, the total effectuate the declared policy of the Act. quantity and varieties of all almonds Impact Analysis List of Subjects in 7 CFR Part 981 sold inshell have increased, while This rule relates to internal agency Peerless bleaching stock sales have Almonds, Marketing agreements, management. Therefore, pursuant to declined. There has also been an Nuts, Reporting and recordkeeping U.S.C. 553, notice of proposed increased desire and need to obtain an requirements. rulemaking and opportunity for accurate product weight for growers, For the reasons set forth in the comment are not required, and this rule handlers, and the Board. Thus, it has preamble, 7 CFR part 981 is amended as may be made effective less than 30 days become common industry practice to follows: after publication in the Federal have inspections performed on Peerless Register. Further, since this rule relates almonds sold inshell, as with other PART 981ÐALMONDS GROWN IN to internal agency management, it is varieties sold inshell, regardless of the CALIFORNIA exempt from the provisions of Executive inspection exemption. Accordingly, the interim final rule Order Nos. 12866 and 12988. This Consistent with the Act, the almond amending 7 CFR part 981 which was action also is not a rule as defined by marketing order was recently amended published at 61 FR 42990 on August 20, the Regulatory Flexibility Act (5 U.S.C. by a majority vote of producers to 1996, is adopted as a final rule without 601 et seq.) and the Small Business require that the weight of inshell change. Regulatory Enforcement Fairness Act of almonds be determined by weighing a 1996 (5 U.S.C. 801 et seq.), and, thus is representative sample of such almonds. Dated: October 7, 1996. exempt from the provisions of those Previously, predetermined shelling Robert C. Keeney, Acts. Finally, this rule does not contain ratios were used to determine the kernel Director, Fruit and Vegetable Division. any requirements for collection of weight. Thus, the shelling ratios were [FR Doc. 96–26346 Filed 10–11–96; 8:45 am] information on financial or property removed from the order. The purpose of BILLING CODE 3410±02±P matters within the scope of the the quality control amendments was to Paperwork Reduction Act (45 U.S.C. reflect current industry practices as 3501 et seq.) referenced above, and to provide more 7 CFR Part 3010 List of Subjects in 7 CFR Part 3010 accurate information for reporting purposes. Office of the Chief Financial Officer; General statement, Organization, Organization and Function The amendments to the order Functions. necessitate conforming changes to the AGENCY: Office of the Chief Financial PART 3010Ð[REMOVED] administrative rules and regulations. Officer, USDA. Section 981.442 of the quality control ACTION: Final rule. For reason set forth in the summary, regulations is revised to remove an 7 CFR Part 3010 is removed and inspection exemption for Peerless SUMMARY: This document removes the reserved. inshell almonds. Thus, all almonds, Organization and Function regulation regardless of form or variety, will be that deals with the internal structure of Dated: October 4, 1996. inspected. the Office of Finance and Management Irwin T. David, In addition, § 981.401 is revised to (OFM). Under the reorganization of the Acting, Chief Financial Officer. remove the exemption for Peerless Department of Agriculture, OFM no [FR Doc. 96–26249 Filed 10–11–96; 8:45 am] almonds from the definition of adjusted longer exists. The OFM functions have BILLING CODE 3410±KS±M Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53609

DEPARTMENT OF JUSTICE Immigration Appeals and the experienced attorney, a professor, or an Immigration Courts. Currently section accredited representative while Immigration and Naturalization Service 292.1(a)(2) requires that a law student representing aliens. [EOIR No. 115I; A.G. Order No. 2058±96] who wishes to appear before INS and/ EOIR’s and INS’s implementation of or EOIR file a statement that he or she this rule as an interim rule, with 8 CFR Part 292 is participating, under the direct provisions for post-promulgation public supervision of a faculty member or an comment, is based upon the ‘‘good RIN 1125±AA16 attorney, in a legal aid program or clinic cause’’ exceptions found at 5 U.S.C. 553 (b) and (d). The reasons and the Representation and Appearances: Law conducted by a law school. This interim necessity for immediate implementation Students and Law Graduates rule amends this provision to also allow a law student to appear before INS and/ of this interim rule are as follows: The AGENCY: Executive Office for or EOIR if he or she is under the direct immediate implementation of this rule Immigration Review, Immigration and supervision of an attorney in a legal aid will expand the pool of competent, Naturalization Service, Justice. program or clinic conducted, by a non- properly supervised representatives ACTION: Interim rule with request for profit organization. This amendment while also maintaining the supervision comments. merely permits law students, like law requirement for law students and law graduates, to appear while participating graduates. This interim rule provides a SUMMARY: This interim rule with request in an independent legal aid program. benefit to aliens who seek legal for comments revises two of the current In addition, sections 292.1(a) (ii) and representation by enabling them to more restrictions supervising and (iii) of the current regulations require easily identify, retain, and afford such compensating law students and law that law students and law graduates representation. A notice and comment graduates who wish to represent aliens appear before INS and/or EOIR without period for a proposed rule therefore before the Immigration and direct or indirect remuneration. This would have been unnecessary and Naturalization Service and the interim rule amends this provision by contrary to the public interest. Executive Office for Immigration requiring that law students and law Regulatory Flexibility Act Review, including the Board of graduates appear before INS and/or Immigration Appeals and the EOIR without direct or indirect In accordance with 5 U.S.C. 605(b), Immigration Courts. The number of remuneration from the alien who they the Attorney General certifies that this immigration cases, and thus the number represent. rule affects only individuals in need of of representatives needed, has increased This interim rule expands the pool of legal representation before INS and/or in recent years. This revision will competent, properly supervised EOIR and does not have a significant expand the pool of law students and law representatives for individuals who economic impact on a substantial graduates eligible to represent aliens in might otherwise be unable to obtain number of small entities. such hearings. legal representation by removing these Executive Order 12866 two restrictions upon law students and DATES: Effective Date: October 15, 1996. The Attorney General has determined Comments: Written comments must law graduates. The number of immigration cases completed in fiscal that this rule is not a significant be received on or before December 16, regulatory action under Executive Order 1996. year 1995 totaled more than 168,000, and the need for individuals to No. 12866, and accordingly this rule has ADDRESSES: All comments concerning represent these aliens has increased. not been reviewed by the Office of this interim rule should be addressed to Under this revised regulation, more law Management and Budget. both Margaret M. Philbin, General students and law graduates will be Counsel, Executive Office for Executive Order 12612 available to represent aliens in Immigration Review, Suite 2400, 5107 immigration proceedings because This rule has no Federalism Leesburg Pike, Falls Church, Virginia participants in legal aid clinics or implications warranting the preparation 22041, and Janice B. Podolny, Associate programs sponsored by both law schools of a Federalism Assessment in General Counsel, Immigration and and non-profit organizations will be accordance with Executive Order No. Naturalization Service, 425 I Street, eligible. These law students and law 12612. NW., Suite 6100, Washington, DC graduates will also be able to accept Executive Order 12988 20536. compensation for their work so long as The rule complies with the applicable FOR FURTHER INFORMATION CONTACT: they are not paid, either directly or Margaret M. Philbin, General Counsel, standards provided in sections 3(a) and indirectly, by the alien whom they 3(b)(2) of Executive Order No. 12988. Executive Office for Immigration represent. This will allow law students Review, Suite 2400, 5107 Leesburg Pike, and law graduates to work through legal List of Subjects in 8 CFR Part 292 Falls Church, Virginia 22041, telephone aid clinics or programs which provide Administrative practice and (703) 305–0470, or Janice B. Podolny, representation to aliens in immigration procedure, Immigration, Lawyers, Associate General Counsel, Immigration proceedings on a pro bono basis. The Reporting and recordkeeping and Naturalization Service, 425 I Street, law student or law graduate still must requirements. NW., Suite 6100, Washington, DC have the permission of the official 20536, telephone (202) 514–2895. For the reasons set forth in the before whom he or she is appearing. A preamble, part 292 of chapter I of Title SUPPLEMENTARY INFORMATION: This law student must be appearing under 8 of the Code of Federal Regulations is interim rule with request for comments the direct supervision of a faculty amended as follows: amends 8 CFR part 292 by revising two member or licensed attorney. A law of the current restrictions on law graduate may appear under the PART 292ÐREPRESENTATION AND students and law graduates who wish to supervision of a licensed attorney or an APPEARANCES represent aliens before the Immigration accredited representatives. These and Naturalization Service (INS) and the safeguards ensure that those individuals 1. The authority citation for part 292 Executive Office for Immigration who have yet to be admitted to a state continues to read as follows: Review (EOIR), including the Board of bar are closely supervised by an Authority: 8 U.S.C. 1103, 1252b, 1362. 53610 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

2. In § 292.1, paragraphs (a)(2) (ii) and FR 1362) a notice proposing to initiate annual reviews, AAAE believes a (iii) are revised to read as follows: a short-term regulatory review in priority system could be developed and response to a recommendation from the resources deployed accordingly. Mr. § 292.1 Representation of others. President’s National Commission to Casey indicates limiting the review to 3 (a) * * * Ensure a Strong Competitive Airline issues every 3 years may not produce an (2) * * * Industry. overall perspective. (ii) In the case of a law student, he or Similarly, in early 1992, pursuant to The Regional Airline Association she has filed a statement that he or she an Executive Order issued by then- supports the proposal but would like is participating, under the direct President Bush, the Department of the limitations expanded to 5 issues. supervision of a faculty member or an Transportation (DOT) and each of its Mr. John O’Brien, Director, Engineering attorney, in a legal aid program or clinic modal administrations reviewed all & Air Safety, Airline pilots Association, conducted by a law school or non-profit existing regulations. generally supports the proposal and M. organization, and that he or she is The FAA’s experience with the above Theresa Coutu, Director, Regulatory appearing without direct or indirect two reviews has shown there is great Affairs, American Association of Airport remuneration from the alien he or she value in obtaining public input in Executives, endorses the proposal with represents; setting the agency’s regulatory agenda the following input. The 3-year review (iii) In the case of a law graduate, he and priorities regardless of whether system should not interfere with or she has filed a statement that he or such input is an affirmation of the regulatory obligations, limitations she is appearing under the supervision agency’s direction or an indication of a should be expanded to 5 issues, and an of a licensed attorney or accredited need to alter course. annual status document should be representative and that he or she is Comments processed during the 3-yr. cycle. She appearing without direct or indirect also recommends that the Aviation remuneration from the alien he or she On August 24, 1995 the FAA issued Rulemaking Advisory Committee represents; and a Request for Comments on the (ARAC) review all comments as well as * * * * * Proposed FAA Regulatory Review the FAA. Dated: October 7, 1996. Program (60 FR 44142). The comment Those that did not support the Janet Reno, period closed on November 22, 1995. proposal included Robert E. Roberson, Attorney General. Twelve comments were received. The Jr. VP, Civil Aviation, Aerospace [FR Doc. 96–26281 Filed 10–11–96; 8:45 am] Airport Council International, Bishop Industries Association. Mr. Roberson BILLING CODE 4410±01±M International Airport Authority, New feels ARAC and the petition for Orleans International Airport, National rulemaking process are sufficient and Air Transport Association, Air does not see an additional review DEPARTMENT OF TRANSPORTATION Transportation Association of America, having any added value to the process. Regional Airline Association, Air Line Bill Schultz, VP Engineering & Federal Aviation Administration Pilots Association, and the American Maintenance, GAMA, would like to see Association of Airport Executives all more focus on improving the process 14 CFR Chapter I support a periodic regulatory review and reinforces the input that ARAC is [Docket No. 28311] program. Aerospace Industries already industry’s vehicle. He states that Association, GAMA, and Sue A. Critz with the ARAC vehicle in place, any Review of Existing Rules do not support the concept. further process will be labor intensive The Airport Council International for already scarce FAA resources. The AGENCY: Federal Aviation endorses the FAA’s proposal with a 3- final commentor, Sue A Critz, CFII, Administration, DOT. year cycle and a conclusion document AGC, IGI does not support the FAA’s ACTION: Regulatory Review Program, containing both summary and proposal, stating it would create an disposition of comments and final disposition. Mr. William C. Sandifer, unusual workload. She offers an guidelines. AAE, Assistant Airport Director— alternate plan: A new form created, Bishop International Airport Authority SUMMARY: As provided for in its 1995 which the public would complete and also endorses the proposal with the 3- return at 6-month intervals, thus Strategic Plan, the Federal Aviation issue limitation. The Assistant Administration (FAA) will undertake creating a 6-month review of comments. Supervisor of Operations, Matthew R. On a regular basis, the FAA would periodic reviews of its existing Zaranski, New Orleans International regulations. This action discusses and formulate rule changes based upon Airport, with his endorsement these comments. disposes of the comments received in recommends a bi-annual review response to the Federal Register notice process, building an agenda of the most Conclusion of August 24, 1995, and sets forth the critical items published every year. The After review of all comments, there is guidelines adopted by the FAA for the National Air Transportation Association general consensus that supports the conduct of its Regulatory Review generally supports the proposal with a concept of a review of existing rules on Program. 3-issue limitation, but rather than a 3-year cycle rather than on any other EFFECTIVE DATE: January 2, 1997. publishing a document containing a basis. Although there were a few FOR FURTHER INFORMATION CONTACT: summary of comments, he suggests the suggestions for a 5-year cycle and the Chris A. Christie, Director, Office of FAA should initiate rulemaking to issue limitation be expanded to 5 issues, Rulemaking, 800 Independence Ave., address the significant areas addressed due to time constraint and limited SW., Washington, DC 20591, telephone in the comments. Mr. James L. Casey, resources, the FAA has determined a 3- (202) 267–9677, FAX (202) 267–5075. VP, Air Transportation Association of issue, 3-year cycle will capture the SUPPLEMENTARY INFORMATION: America and Mr. Rudy Rudolph, AAAE, input it is seeking from the public. A both support the FAA’s proposal. Mr. third of the commentors did not address Background Rudolph would like to see annual the vehicle for concluding the review. On January 10, 1994, the FAA reviews. He feels the rulemaking Those who did supported a published published in the Federal Register (59 process should not take so long. With summary and general disposition of Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53611 comments. This level of review will SUMMARY: This amendment adopts a for cracks, and replacing the cracked produce the input and support the new airworthiness directive (AD) that spar assembly and any cracked rib; agency is seeking, and should not applies to The New Piper Aircraft, Inc. —replacing the inboard aileron hinge overburden the existing regulatory (Piper) PA31, PA31P, PA31T, and PA42 brackets with part number (P/N) process and obligations. series airplanes. This action requires 74461–02 (left) and P/N 74461–03 Therefore, the FAA has determined inspecting for cracks beneath and in the (right). there is general support for the agency’s area of the inboard aileron hinge bracket Related Service Information plan to conduct periodic reviews of on the aileron spar and rib using dye existing regulations as a means to obtain penetrant methods, replacing any Accomplishment of the proposed public input to the agency’s regulatory cracked aileron spar or rib, and action would be in accordance with agenda and priorities. replacing the inboard aileron hinge Piper Service Bulletin (SB) No. 967, FAA Plan for Periodic Regulatory bracket with a hinge bracket of dated January 24, 1994 or Piper SB No. Reviews: Beginning January 1997, and improved design. Several reports of 974, dated October 19, 1994. every 3 years thereafter, the FAA will cracks in the vicinity of the inboard Comments conduct comprehensive regulatory aileron hinge bracket, aileron spar, and Interested persons have been afforded reviews. The review will be initiated aileron rib prompted this proposed an opportunity to participate in the with a published announcement in the action. The actions specified by the making of this amendment. Due Federal Register inviting the public to proposed AD are intended to prevent consideration has been given to the two identify those regulations, issues, or structural failure of the aileron caused comments received. subject areas that should be reviewed by by cracks in the area of the inboard The first commenter recommends that the FAA. In order to focus on those aileron hinge bracket, which, if not the AD state specifically that prior areas of greatest interest and to detected and corrected, could result in compliance with the applicable service effectively manage agency resources, loss of control of the airplane. bulletin (SB) be considered compliance commentors will be expected to limit DATES: Effective December 10, 1996. with the requirements of the AD. The their input to the 3 issues they consider The incorporation by reference of commenter has complied with Piper SB most urgent. In addition, the public will certain publications listed in the 974 and adds that paragraph (a) should be specifically requested to indentify regulations is approved by the Director only be required on aircraft that have rules having a significant impact on of the Federal Register as of December not installed the redesigned aileron small entities that appear to be no 10, 1996. hinge brackets. The commenter longer necessary or that are overlapping, ADDRESSES: Service information that continues to state that paragraph (a) as duplicative, or conflicting with other applies to this AD may be obtained from presently worded may be interpreted to Federal regulations. The FAA will The New Piper Aircraft, Inc., Attn: require inspection of the aileron spar on review these rules in accordance with Customer Service, 2926 Piper Dr., Vero all affected aircraft regardless of the part Section 610 of the Regulatory Flexibility Beach, Florida, 32960. This information number (P/N) of the inboard hinge Act unless they have already been so may also be examined at the Federal installed on the aircraft. reviewed. The FAA will review and Aviation Administration (FAA), Central The FAA concurs that additional analyze the issues addressed by the Region, Office of the Assistant Chief clarification is justified. The inspection commentors against its regulatory Counsel, Attention: Rules Docket 95– of the aileron spar is intended to be agenda and rulemaking program efforts, CE–84–AD, Room 1558, 601 E. 12th required for aircraft that have not and adjust its regulatory priorities Street, Kansas City, Missouri 64106; or previously installed P/N 74461–02 (left) consistent with its statutory authority at the Office of the Federal Register, 800 and P/N 74461–03 (right) inboard and responsibilities. Each review will North Capitol Street, NW., suite 700, hinges. The ‘‘Applicability’’ section in conclude with a published summary Washington, DC. the AD will be changed to state, ‘‘The and general disposition of the comments FOR FURTHER INFORMATION CONTACT: following airplane models and serial and, where appropriate, indicate how numbers that are not equipped with part regulatory priorities will be adjusted. Christina Marsh, Aerospace Engineer, FAA, Atlanta Aircraft Certification number (P/N) 74461–02 (left) and P/N Issued in Washington, DC, on September Office, Campus Building, 1701 74461–03 (right) inboard aileron hinge 27, 1996. Columbia Avenue, suite 2–160, College brackets, certificated in any category.’’ Margaret Gilligan, Park, Georgia 30337–2748; telephone The second commenter recommends Deputy Associate Administrator for (404) 305–7362; facsimile (404) 305– that the AD be applicable to aircraft Regulation and Certification. 7348. with greater than 3,000 hours time-in- [FR Doc. 96–25419 Filed 10–11–96; 8:45 am] service (TIS). This commenter operates BILLING CODE 4910±13±M SUPPLEMENTARY INFORMATION: Piper airplane Models PA–31–350, a Events Leading to This Action PA–31, and a PA–31P with 11,000, 8,600 and 2,000 hours TIS respectively, 14 CFR Part 39 A proposal to amend part 39 of the and states that based on their fleet Federal Aviation Regulations (14 CFR experience, cracking is most likely to [Docket No. 95±CE±84±AD; Amendment 39± part 39) to include an AD that would 9780; AD 96±21±03] appear at or after 3,000 hours TIS and apply to Piper PA31, PA31P, PA31T, recommends the 3,000 hour TIS as the RIN 2120±AA64 and PA42 series airplanes was threshold for this AD. published in the Federal Register on The FAA concurs and points out that Airworthiness Directives; The New March 27, 1996 (61 FR 13468). The the proposed action already proposes Piper Aircraft, Inc. PA31, PA31P, action proposed to require: what the commenter is recommending. PA31T, and PA42 Series Airplanes —inspecting the aileron spar beneath The compliance time as proposed AGENCY: Federal Aviation and in the area of the inboard aileron specifies compliance ‘‘upon the Administration, DOT. hinge bracket for cracks; accumulation of 3,000 hours TIS, or —if cracks are found in the area of the within the next 100 hours TIS, ACTION: Final rule. aileron spar, inspecting the aileron rib whichever occurs later.’’ 53612 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

The FAA’s Determination will not have a significant economic Models Serial Nos. After careful review of all available impact, positive or negative, on a PA31T1 ...... 31T±7804001 through 31T± information related to the subject substantial number of small entities under the criteria of the Regulatory 8304003, and 31T± presented above, the FAA has 1104004 through 31T± determined that air safety and the Flexibility Act. A copy of the final evaluation prepared for this action is 1104017. public interest require the adoption of contained in the Rules Docket. A copy PA31T2 ...... 31T±8166001 through 31T± the rule as proposed except for minor 8166076, and 31T± of it may be obtained by contacting the editorial corrections and the 1166001 through 31T± Rules Docket at the location provided clarification of the ‘‘Applicability’’ 1166008. under the caption ADDRESSES. section. The FAA has determined that PA42 ...... 42±7800001 through 42± these minor corrections will not change List of Subjects in 14 CFR Part 39 7800004, and 42±8001001 the meaning of the AD and will not add through 42±8001106. Air transportation, Aircraft, Aviation PA42±720 ..... 42±8301001, 42±8301002, any additional burden upon the public safety, Incorporation by reference, 42±5501003 through 42± than was already proposed. Safety. 5501023, 42±5501025 Cost Impact through 42±5501027, 42± Adoption of the Amendment 5501029 through 42± The FAA estimates that 2,501 Accordingly, pursuant to the 5501031, 42±5501033, airplanes in the U.S. registry will be authority delegated to me by the and 42±5501039 through affected by this AD, that it will take Administrator, the Federal Aviation 42±5501059. approximately 7 workhours per airplane Administration amends part 39 of the PA42±720R ... 42±5501024, 42±5501028, 42±5501032, and 42± to accomplish the required action, and Federal Aviation Regulations (14 CFR that the average labor rate is 5501034 through 42± part 39) as follows: 5501038. approximately $60 an hour. Parts cost PA42±1000 ... 42±5527002 through 42± $300 per airplane. Based on these PART 39ÐAIRWORTHINESS 5527044. figures, the total cost impact for the DIRECTIVES initial inspection and the modification 1. The authority citation for part 39 Note 1: This AD applies to each airplane required by this AD on U.S. operators is continues to read as follows: identified in the preceding applicability estimated to be $1,800,720 or $720 per provision, regardless of whether it has been airplane. This figure does not include Authority: 49 USC 106(g), 40113, 44701. modified, altered, or repaired in the area subject to the requirements of this AD. For the amount for repetitive inspections § 39.13 [Amended] and is based on the assumption that all airplanes that have been modified, altered, or 2. Section 39.13 is amended by of the owners/operators of the affected repaired so that the performance of the adding a new airworthiness directive airplanes have not inspected for cracks, requirements of this AD is affected, the (AD) to read as follows: repaired cracks, or incorporated the owner/operator must request approval for an 96–21–03 The New Piper Aircraft, Inc. : alternative method of compliance in modification of this AD. The FAA has accordance with paragraph (e) of this AD. no way of determining the number of Amendment 39–9780; Docket No. 95– CE–84–AD. The request should include an assessment of repetitive inspections each owner/ the effect of the modification, alteration, or Applicability: The following airplane operator will incur before the repair on the unsafe condition addressed by modification is accomplished. models and serial numbers that are not equipped with part number (P/N) 74461–02 this AD; and, if the unsafe condition has not? Piper has informed the FAA that parts (left) and P/N 74461–03 (right) inboard Compliance: Upon the accumulation of have been distributed to equip aileron hinge brackets, certificated in any 3,000 hours time-in-service (TIS), or within approximately 1,250 airplanes. category: the next 100 hours TIS after the effective date Assuming that these distributed parts of this AD, whichever occurs later, unless are incorporated on the affected Models Serial Nos. already accomplished. airplanes, the cost of the AD would be Note 2: The paragraph structure of this AD reduced by $900,000 from $1,800,720 to The following aircraft should reference Piper is as follows: $900,720. Service Bulletin No. 974, dated October Level 1: (a), (b), (c), etc. 19, 1994 Level 2: (1), (2), (3), etc. Regulatory Impact Level 3: (i), (ii), (iii), etc. The regulations adopted herein will PA31, PA31± 31±2 through 31±8312019. Level 2 and Level 3 structures are 300, and designations of the Level 1 paragraph they not have substantial direct effects on the PA31±325. States, on the relationship between the immediately follow. PA31±350 ..... 31±5001 through 31± To prevent structural failure of the aileron national government and the States, or 8553002. caused by cracks in the area of the inboard on the distribution of power and PA31P±350 ... 31P±8414001 through 31P± aileron hinge bracket, which, if not detected responsibilities among the various 8414050. and corrected, could result in loss of control levels of government. Therefore, in PA31T3 ...... 31T±8275001 through 31T± of the airplane, accomplish the following: accordance with Executive Order 12612, 8475001, and 31T± (a) Inspect (using dye penetrant methods) it is determined that this final rule does 5575001. the area beneath and in the area of the not have sufficient federalism inboard aileron hinge bracket on the aileron implications to warrant the preparation The following aircraft should reference Piper spar for cracks in accordance with the Service Bulletin No. 967, dated January INSTRUCTIONS section of Piper service of a Federalism Assessment. 24, 1994 For the reasons discussed above, I bulletin (SB) No. 967, dated January 24, 1994, or Piper SB No. 974, dated October 19, 1994, certify that this action (1) is not a PA31P ...... 31P±1 through 31P± whichever service bulletin applies to the ‘‘significant regulatory action’’ under 7730012, and 31P±03. particular model and serial number. Executive Order 12866; (2) is not a PA31T ...... 31T±7400002 through 31T± (1) If cracks are found on the aileron spar: ‘‘significant rule’’ under DOT 7400009, and 31T± (i) Prior to further flight, inspect the Regulatory Policies and Procedures (44 7520001 through 31T± corresponding aileron rib at the inboard FR 11034, February 26, 1979); and (3) 8120104. aileron hinge bracket location; Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53613

(ii) Prior to further flight, replace any from The New Piper Aircraft, Inc., Attn: Region, Office of the Assistant Chief cracked spar assembly and any cracked Customer Service, 2926 Piper Dr., Vero Counsel, Attention: Rules Docket 95– aileron rib in accordance with the applicable Beach, Florida, 32960. Copies may be CE–56–AD, Room 1558, 601 E. 12th Maintenance Manual; inspected at the FAA, Central Region, Office Street, Kansas City, Missouri 64106; or (iii) Prior to further flight, replace the of the Assistant Chief Counsel, Room 1558, inboard aileron hinge brackets with an 601 E. 12th Street, Kansas City, Missouri, or at the Office of the Federal Register, 800 inboard aileron hinge bracket of improved at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, design, part number (P/N) 74461–02 (left) North Capitol Street, NW., suite 700, Washington, DC. and P/N 74461–03 (right), in accordance with Washington, DC. FOR FURTHER INFORMATION CONTACT: : the INSTRUCTIONS section of Piper SB No. (g) This amendment (39–9780) becomes Christina Marsh, Aerospace Engineer, 967, dated January 24, 1994, or Piper SB No. effective on December 10, 1996. FAA, Atlanta Aircraft Certification 974, dated October 19, 1994, as applicable. Issued in Kansas City, Missouri, on Office, Campus Building, 1701 (2) If no cracks are found, prior to further October 4, 1996. flight, replace the inboard aileron hinge Columbia Avenue, suite 2–160, College brackets with a part of improved design P/ Michael Gallagher, Park, Georgia 30337–2748; telephone N 74461–02 (left) and P/N 74461–03 (right), Manager, Small Airplane Directorate, Aircraft (404) 305–7362; facsimile (404) 305– in accordance with the INSTRUCTIONS Certification Service. 7348. section of Piper SB No. 967, dated January [FR Doc. 96–26047 Filed 10–11–96; 8:45 am] SUPPLEMENTARY INFORMATION: A 24, 1994, or Piper SB No. 974, dated October BILLING CODE 4910±13±U proposal to amend part 39 of the Federal 19, 1994, as applicable. (b) If the inboard aileron hinge brackets, P/ Aviation Regulations (14 CFR part 39) to include an AD that would apply to N 74461–02 (left) or P/N 74461–03 (right) 14 CFR Part 39 have been ordered from the manufacturer but Piper PA23, PA31, PA31P, PA31T, and are not available, prior to further flight, and [Docket No. 95±CE±56±AD; Amendment 39± PA42 series airplanes was published in thereafter at intervals not to exceed 100 hours 9781; AD 96±21±04] the Federal Register on May 3, 1996 (61 TIS, dye penetrant inspect beneath and in the FR 19867). This action would supersede RIN 2120±AA64 vicinity of the inboard aileron hinge bracket AD 86–17–07 with a new AD that would for cracks in accordance with the retain the same requirements as AD 86– INSTRUCTIONS section of Piper SB No. 967, Airworthiness Directives; The New dated January 24, 1994, or Piper SB No. 974, Piper Aircraft, Inc. (Formerly Piper 17–07 and change the model dated October 19, 1994, as applicable. Aircraft Corporation) PA23, PA31, designation in the Applicability section (c) If any one of the following occurs, prior PA31P, PA31T, and PA42 Series from Piper Model PA31–310 and PA23– to further flight, terminate the above Airplanes 150 airplanes to Piper Model PA31 and repetitive inspections, replace any cracked PA23 airplanes, respectively. With this aileron rib and any cracked spar assembly (if AGENCY: Federal Aviation in mind, the proposed action would not applicable), and replace the inboard aileron Administration, DOT. provide any additional cost impact hinge bracket as specified in paragraph ACTION: Final rule. upon U.S. operators over that already (a)(1)(iii) of this AD: required by AD 86–17–07. (1) Parts become available; SUMMARY: This amendment supersedes (2) An inboard aileron bracket hinge, Accomplishment of this action will be Airworthiness Directive (AD) 86–17–07, in accordance with Piper Service aileron spar or aileron rib is found cracked; which currently requires replacing all or Bulletin (SB) No. 822, dated April 2, (3) 1,000 hours TIS are accumulated after hydraulic hoses with hydraulic hoses of 1986. the initial inspection required by this AD. an improved design on certain The New Interested persons have been afforded (d) Special flight permits may be issued in Piper Aircraft, Inc. (Piper) PA23, PA31, an opportunity to participate in the accordance with sections 21.197 and 21.199 PA31P, PA31T, and PA42 series making of this amendment. No of the Federal Aviation Regulations (14 CFR airplanes. This AD action will require comments were received on the 21.197 and 21.199) to operate the airplane to inspecting for improperly manufactured a location where the requirements of this AD proposed rule or the FAA’s hydraulic hoses replaced during a determination of the cost to the public. can be accomplished. specific time frame and replacing all (e) An alternative method of compliance or After careful review of all available adjustment of the initial or repetitive affected hydraulic hoses. An incorrect information related to the subject compliance times that provides an equivalent designation of a Piper Model PA31–310 presented above, the FAA has level of safety may be approved by the and a Piper Model PA23–150 airplane determined that air safety and the Manager, FAA, Atlanta Aircraft Certification prompted the proposed AD action. The public interest require the adoption of Office, Campus Building, 1701 Columbia actions specified by this AD are the rule as proposed except for minor Avenue, suite 2–160, College Park, Georgia intended to prevent hydraulic hose 30337–2748. The request shall be forwarded editorial corrections. The FAA has failure which could cause loss of determined that these minor corrections through an appropriate FAA Maintenance hydraulic capabilities resulting in a Inspector, who may add comments and then will not change the meaning of the AD send it to the Manager, Atlanta Aircraft gear-up landing and possible loss of the and will not add any additional burden Certification Office. airplane. upon the public than was already Note 3: Information concerning the DATES: Effective December 10, 1996. proposed. existence of approved alternative methods of The incorporation by reference of The regulations adopted herein will compliance with this AD, if any, may be certain publications listed in the not have substantial direct effects on the obtained from the Atlanta Aircraft regulations is approved by the Director States, on the relationship between the Certification Office. of the Federal Register as of December national government and the States, or (f) The inspections and replacements 10, 1996. on the distribution of power and required by this AD shall be done in ADDRESSES: Service information that responsibilities among the various accordance with Piper. Service Bulletin No. applies to this AD may be obtained from levels of government. Therefore, in 967, dated January 24, 1994, or Piper. Service Bulletin No. 974, dated October 19, 1994. The New Piper Aircraft, Inc., Attn: accordance with Executive Order 12612, This incorporation by reference was Customer Service, 2926 Piper Dr., Vero it is determined that this final rule does approved by the Director of the Federal Beach, Florida, 32960. This information not have sufficient federalism Register in accordance with 5 U.S.C. 552(a) may also be examined at the Federal implications to warrant the preparation and 1 CFR part 51. Copies may be obtained Aviation Administration (FAA), Central of a Federalism Assessment. 53614 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

For the reasons discussed above, I Models Serial Nos. Note 3: Information concerning the certify that this action (1) is not a existence of approved alternative methods of ‘‘significant regulatory action’’ under PA31T2 ...... 31T±8166001 through 31T± compliance with this AD, if any, may be Executive Order 12866; (2) is not a 8166076 and, 31T± obtained from the Atlanta Aircraft Certification Office. ‘‘significant rule’’ under DOT 1166001 through 31T± Regulatory Policies and Procedures (44 1166008. (d) Alternative methods of compliance PA31T3 ...... 31T±8275001 through 31T± approved in accordance with AD 86–17–07 FR 11034, February 26, 1979); and (3) 8475001 and, 31T± (superseded by this action) are considered will not have a significant economic 5575001. approved as alternative methods of impact, positive or negative, on a PA42 ...... 42±7800001, 42±7800002, compliance with this AD. substantial number of small entities 42±7801003, 42±7801004, (e) The inspections and or replacements under the criteria of the Regulatory 42±8001001 through 42± required by this AD shall be done in Flexibility Act. A copy of the final 8001106, 42±8301001, accordance with Piper Service Bulletin No. evaluation prepared for this action is 42±8301002, 42±5501003 822, dated April 2, 1986. This incorporation contained in the Rules Docket. A copy through 42±5501023, and by reference was approved by the Director of of it may be obtained by contacting the 42±5501025. the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may Rules Docket at the location provided Note 1: This AD applies to each airplane be obtained from The New Piper Aircraft, under the caption ADDRESSES. identified in the preceding applicability Inc., Attn: Customer Service, 2926 Piper Dr., List of Subjects in 14 CFR Part 39 provision, regardless of whether it has been Vero Beach, Florida, 32960. Copies may be modified, altered, or repaired in the area inspected at the FAA, Central Region, Office Air transportation, Aircraft, Aviation subject to the requirements of this AD. For of the Assistant Chief Counsel, Room 1558, safety, Incorporation by reference, airplanes that have been modified, altered, or 601 E. 12th Street, Kansas City, Missouri, or Safety. repaired so that the performance of the at the Office of the Federal Register, 800 requirements of this AD is affected, the North Capitol Street, NW., suite 700, Adoption of the Amendment owner/operator must request approval for an Washington, DC. alternative method of compliance in Accordingly, pursuant to the (f) This amendment supersedes AD 86–17– accordance with paragraph (c) of this AD. 07, Amendment 39–5400. authority delegated to me by the The request should include an assessment of (g) This amendment (39–9781) becomes Administrator, the Federal Aviation the effect of the modification, alteration, or effective on December 10, 1996. repair on the unsafe condition addressed by Administration amends part 39 of the Issued in Kansas City, Missouri, on this AD; and, if the unsafe condition has not Federal Aviation Regulations (14 CFR October 4, 1996. part 39) as follows: been eliminated, the request should include specific proposed actions to address it. Michael Gallagher, PART 39ÐAIRWORTHINESS Compliance: Required within 25 hours time- Manager, Small Airplane Directorate, Aircraft DIRECTIVES in-service (TIS) after September 2, 1986 (the Certification Service. effective date of AD 86–17–07) or within 10 [FR Doc. 96–26045 Filed 10–11–96; 8:45 am] 1. The authority citation for part 39 hours TIS after the effective date of this AD, whichever occurs later, unless already BILLING CODE 4910±13±U continues to read as follows: accomplished. Authority: 49 USC 106(g), 40113, 44701. To prevent hydraulic hose failure which could cause loss of hydraulic capabilities DEPARTMENT OF HEALTH AND § 39.13 [Amended] resulting in a gear-up landing and possible HUMAN SERVICES 2. Section 39.13 is amended by loss of the airplane, accomplish the removing Airworthiness Directive (AD) following: Food and Drug Administration 86–17–07, Amendment 39–5400, and by (a) Inspect and replace all hydraulic hoses adding a new AD to read as follows: identified as Piper part number (P/N) 17766– 21 CFR Part 520 02 or 465–138 and having a smooth rubber 96–21–04 The New Piper Aircraft, Inc.: surface and a blue colored end nut, with Oral Dosage Form New Animal Drugs; Docket No. 95–CE–56–AD; Amendment hoses of the same part number having a Monensin Blocks No. 39–9781, Supersedes AD 86–17–07, woven outer covering and black colored end Amendment 39–5400. Applicability: The nut, in accordance with the INSTRUCTIONS AGENCY: Food and Drug Administration, following models and serial numbers, section of Piper Service Bulletin (SB) No. HHS. certificated in any category. 822, dated April 2, 1986. Note 2: These hoses were available for ACTION: Final rule. Models Serial Nos. installation starting February 1, 1985, and may have been installed in newly SUMMARY: The Food and Drug PA23 and 23±1 through 23±2046. manufactured airplanes or as spares at any Administration (FDA) is amending the PA23±160. subsequent time. animal drug regulations to reflect PA23±235 ..... 27±505 through 27±622. (b) Special flight permits may be issued in approval of supplemental new animal PA23±250 ..... 27±1 through 27±8154030. accordance with 14 CFR 21.197 and 21.199 drug applications (NADA’s) filed by PA31, PA31± 31±2 through 31±8312019. to operate the airplane to a location where Cooperative Research Farms and PM Ag 300, and the requirements of this AD can be Products, Inc. The supplemental PA31±325. accomplished. NADA’s provide that use of monensin PA31±350 ..... 31±5001 through 31± (c) An alternative method of compliance or medicated free-choice feed blocks for 8553002. adjustment of the compliance time that PA31P ...... 31P±1 through 31P± provides an equivalent level of safety may be pasture cattle weighing less than 400 7730012. approved by the Manager, FAA, Atlanta pounds (lb) for increased rate of weight PA31P±350 ... 31P±8414001 through 31P± Aircraft Certification Office, Campus gain is no longer contraindicated. 8414050. Building, 1701 Columbia Avenue, suite 2– EFFECTIVE DATE: October 15, 1996. PA31T ...... 31T±7400002 through 31T± 160, College Park, Georgia 30337–2748. The FOR FURTHER INFORMATION CONTACT: 8120104. request shall be forwarded through an Jack PA31T1 ...... 31T±7804001 through 31T± appropriate FAA Maintenance Inspector, Caldwell, Center for Veterinary 8304003, and 31T± who may add comments and then send it to Medicine (HFV–126), Food and Drug 1104004 through 31T± the Manager, Atlanta Aircraft Certification Administration, 7500 Standish Pl., 1104017. Office. Rockville, MD 20855, 301–594–1638. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53615

SUPPLEMENTARY INFORMATION: PART 520ÐORAL DOSAGE FORM INTERNATIONAL DEVELOPMENT Cooperative Research Farms, P.O. Box NEW ANIMAL DRUGS COOPERATION AGENCY 69, Charlotteville, NY 12036, is sponsor of NADA 119–253. PM Ag Products, 1. The authority citation for 21 CFR Agency for International Development Inc., 1055 West 175th St., Homewood, part 520 continues to read as follows: 22 CFR Part 228 IL 60430, is sponsor of NADA 109–471. Authority: Sec. 512 of the Federal Food, The firms filed supplemental NADA’s Drug, and Cosmetic Act (21 U.S.C. 360b). RIN 0412±AA28 that provide for removal of the limitation concerning use of the product § 520.1448a [Amended] Rules on Source, Origin and for pasture cattle (slaughter, stocker, 2. Section 520.1448a Monensin blocks Nationality for Commodities and feeder, and dairy and beef replacement is amended in paragraphs (a)(4)(iii) and Services Financed by the Agency for heifers) weighing less than 400 lb for (d)(4)(iii) by removing the phrase International Development increased rate of weight gain. The ‘‘weighing more than 400 pounds.’’ supplemental NADA’s are approved as AGENCY: United States Agency for of September 10, 1996, and the Dated: October 1, 1996. International Development (USAID), regulations are amended in 21 CFR Robert C. Livingston, IDCA. 520.1448a(a)(4)(iii) and (d)(4)(iii) to Director, Office of New Animal Drug ACTION: Final rule. reflect the approvals. The approval is Evaluation, Center for Veterinary Medicine. based on the data included in Elanco’s [FR Doc. 96–26374 Filed 10–11–96; 8:45 am] SUMMARY: USAID published a proposed rule on February 5, 1996 (61 FR 4240) supplemental NADA 95–735 that BILLING CODE 4160±01±F removed the 400 lb limitation for use of to add a new Part 228 to Title 22 of the monensin Type A articles to make CFR codifying USAID’s rules on source, monensin Type C feeds in 21 CFR 21 CFR Part 558 origin and nationality for commodities 558.355(f)(3)(iii). and services financed by USAID. This New Animal Drugs For Use In Animal final rule adopts the provisions of the No new safety and effectiveness data Feeds; Chlortetracycline; Correction proposed rule with some changes which were submitted to support approval of are discussed below in SUPPLEMENTARY these supplemental applications. AGENCY: Food and Drug Administration, INFORMATION. Therefore, a freedom of information HHS. DATES: The final rule is effective (FOI) summary as described in 21 CFR November 14, 1996. part 20 and 21 CFR 514.11(e)(2)(ii) is ACTION: Final rule; correction. not required. The FOI summary for FOR FURTHER INFORMATION CONTACT: Elanco’s supplemental NADA 95–735 SUMMARY: The Food and Drug Kathleen J. O’Hara, Office of may be seen in the Dockets Management Administration (FDA) is correcting a Procurement, Procurement Policy Branch (HFA–305), Food and Drug final rule that appeared in the Federal Division (M/OP/P), USAID, Room 1600 Administration, 12420 Parklawn Dr., Register of July 10, 1996 (61 FR 36291). A, SA–14, Washington, DC 20523–1435. rm. 1–23, Rockville, MD 20857, between The document amended the animal Telephone (703) 875–1534, facsimile 9 a.m. and 4 p.m., Monday through drug regulations to reflect approval of (703) 875–1243. Friday. Hoffmann-La Roches, Inc.’s, SUPPLEMENTARY INFORMATION: USAID Under section 512(c)(2)(F)(iii) of the supplemental new animal drug received three sets of comments in Federal Food, Drug, and Cosmetic Act application (NADA) 48–761 for use of response to its proposed rule on source, (21 U.S.C. 360b(c)(2)(F)(iii)), these chlortetracycline in animal feed. The origin and nationality. The American approvals do not qualify for marketing document was published with a Maritime Congress (AMC), commenting exclusivity because the approvals do not typographical error. This document on behalf of a large number of maritime contain reports of new clinical or field corrects that error. businesses and organizations, expressed concerns that the proposed rule on investigations (other than EFFECTIVE DATE: October 15, 1996. bioequivalence or residue studies) or ocean freight eligibility was waiving FOR FURTHER INFORMATION CONTACT: new human food safety studies (other U.S.-flag cargo preference laws, in David L. Gordon, Center for Veterinary than bioequivalence or residue studies) contravention of legal requirements. Medicine (HFV–238), Food and Drug essential to the approval and conducted USAID has no intention to waive or Administration, 7500 Standish Pl., or sponsored by the applicant. modify cargo preference requirements in Rockville, MD 20855, 301–594–1737. any way; however, it is clear from The agency has determined under 21 AMC’s comments that the regulation CFR 25.24(d)(1)(vi) that this action is of SUPPLEMENTARY INFORMATION: In FR Doc. 96–17315 appearing on page 36291 in needs to explain that the ocean freight a type that does not individually or flag eligibility requirements apply in cumulatively have a significant effect on the Federal Register of July 10, 1996, the following correction is made: addition to cargo preference the human environment. Therefore, requirements. Cargo preference neither an environmental assessment § 558.128 [Corrected] requirements are applicable to all ocean nor an environmental impact statement shipments of USAID-financed goods is required. On page 36291, in the third column, in § 558.128 Chlortetracycline, under regardless of whether or not USAID List of Subjects in 21 CFR Part 520 amendment 2, in line 2, ‘‘(c)(4)’’ is finances the freight costs. The ocean corrected to read ‘‘(c)(2)’’. freight flag eligibility requirements are Animal drugs. applied to determine which freight costs Therefore, under the Federal Food, Dated: October 2, 1996. USAID will finance. Section 228.21 on Drug, and Cosmetic Act and under Robert C. Livingston, Ocean Transportation is revised to authority delegated to the Commissioner Director, Office of New Animal Drug clarify that cargo preference of Food and Drugs and redelegated to Evaluation, Center for Veterinary Medicine. requirements do apply. the Center for Veterinary Medicine, 21 [FR Doc. 96–26373 Filed 10–11–96; 8:45 am] AMC also expressed concern that the CFR part 520 is amended as follows: BILLING CODE 4160±01±F waiver criteria in Section 228.55 are 53616 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations inappropriate, particularly Sec. requirements should be included. substantial number of small entities, 228.55(a)(1) which would allow for a Omitting the exemption was an and, therefore, a Regulatory Flexibility waiver in order to obtain competitive oversight, and Section 228.51 is Analysis is not required. There are no pricing. Section 228.20 and Section amended to incorporate it. Also as a information collection requirements in 228.55(a) are amended to clarify that result of suggestions from the Private this rule as contemplated by the waivers will not reduce the Cargo Voluntary Organization several other Paperwork Reduction Act. Preference Act requirement that the changes have been made. Sec. 228.02 is applicable percentage of USAID cargoes clarified to state that the rule applies to List of Subjects in 22 CFR Part 228 be transported on U.S.-flag vessels direct costs, not to indirect costs. The Administrative practice and under the waiver is based on a coverage on waivers in Sec. 228.56 is procedure, Commodity procurement, determination of non-availability. revised to indicate that contractors and Grant programs—foreign relations. USAID has used these waiver criteria for recipients may contact the contract or many years. With the exception of the agreement officer to request waivers. Accordingly, Part 228 is added to first one, these criteria are also used to One suggestion the organization made Title 22 of the Code of Federal determine non-availability for Cargo was not adopted. They requested that Regulations to read as follows: Preference purposes, and are very the codification clearly state that similar to those which the Maritime nationality resides only with the PART 228ÐRULES ON SOURCE, Administration uses to determine non- immediate supplier. The rules, however, ORIGIN AND NATIONALITY FOR availability for Export-Import Bank do apply to sub-suppliers, so the change COMMODITIES AND SERVICES transactions. The first waiver criterion was not made. FINANCED BY USAID was developed to encourage price A third set of comments made a Subpart AÐDefinitions and Scope of This competition for large, bulk shipments; number of suggestions which have been Part however, it is always used in adopted. These include: (1) A more conjunction with the Cargo Preference specific definition of implementing Sec. requirements. USAID may have an document in Sec. 228.01; (2) clarifying 228.01 Definitions. agreement with a recipient country the scope and application in Sec. 228.02 228.02 Scope and application. to state that the regulation applies to 228.03 Identification of principal which limits financing to U.S. goods geographic code numbers. and services, including transportation goods and services financed under the services, which would mean that even Foreign Assistance Act of 1961, as Subpart BÐConditions Governing Source after Cargo Preference requirements amended, and that if different and Nationality of Commodity Procurement have been met, only U.S.-flag shipments conditions are authorized for a program, Transactions for USAID Financing would be eligible for USAID financing. the implementing document will 228.10 Purpose. By allowing non-U.S. flag vessels to indicate the terms and conditions and 228.11 Source and origin of commodities. compete for a portion of the cargo which will prevail in the event of conflict with 228.12 Long-term leases. is not required by Cargo Preference rules Part 228; (3) revising the definition of 228.13 Special source rules requiring to be on U.S.-flag vessels, the purchaser the Geographic Code in Sec. 228.03 to procurement from the United States. may be able to obtain a better price. As remove the term ‘‘non-Free World’’ (the 228.14 Nationality of suppliers of the new language in Section 228.55(a) Agency now uses the term ‘‘foreign commodities. makes clear, this waiver will not affect policy restricted countries’’; (4) revising Subpart CÐConditions Governing the Cargo Preference requirements in any the coverage in Sec. 228.11(e) to use the Eligibility of Commodity-Related Services way unless a determination of non- term ‘‘systems’’ instead of package for USAID Financing availability is also issued; and the installations; (4) adding language in Sec. 228.20 Purpose. competitive pricing criterion is not a 228.13(c) on the statutory prohibition on 228.21 Ocean transportation. criterion for determining non- pharmaceutical patent infringement; (5) 228.22 Air transportation. availability. revising the language on suppliers of 228.23 Eligibility of marine insurance. Section 228.21, Ocean Transportation, services in Secs. 228.30, 228.31, and 228.24 Other delivery services. is also revised to implement a change in 228.32 for clarity and consistency, 228.25 Incidental services. policy on eligibility for USAID though the content has not changed; and Subpart DÐConditions Governing the financing. Previously when Code 941 (6) adding a new section covering the Nationality of Suppliers of Services for (the United States and developing special source rule for suppliers of USAID Financing countries excluding Foreign Policy construction and engineering services. 228.30 Purpose. Restricted countries [formerly the non- Other changes include revising the 228.31 Individuals and privately owned Free World]) was the authorized source definition of motor vehicles to exclude commercial firms. for procurement, ocean freight eligibility vehicles which are not designed for 228.32 Nonprofit organizations. was also restricted to vessels under flag general road travel, substituting the 228.33 Foreign government-owned registry of Code 941 countries. Since the Procurement Executive for the Deputy organizations. ownership of a vessel generally does not Assistant Administrator for 228.34 Joint ventures. relate to the country in which the vessel Management (DAA/M) for one approval 228.35 Construction services from foreign- is registered, the Agency has decided since the DAA/M position is not owned local firms. that freight eligibility will be expanded occupied, and a number of editorial 228.36 Ineligible suppliers. to Code 935 (the United States and all corrections. 228.37 Nationality of employees under other countries except Foreign Policy USAID has determined that this rule contracts or subcontracts for services. Restricted countries) when Code 941 is is not a significant regulatory action 228.38 Miscellaneous service transactions. the authorized source for procurement. under Executive Order 12866. The rule 228.39 Special source rules for construction and engineering services. Comments submitted by a Private has been reviewed in accordance with Voluntary Organization suggested that the requirement of the Regulatory Subpart EÐConditions Governing Source the current policy which exempts Flexibility Act. USAID has determined and Nationality of Local Procurement individual commodity transactions not that the proposed rule will not have a Transactions for USAID Financing exceeding $5,000 from waiver significant economic impact on a 228.40 Local procurement. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53617

Subpart FÐWaivers (i) Mission means the USAID Mission of any conflict with this part 228. The 228.50 General. or representative in a cooperating implementing documents will indicate 228.51 Commodities. country. the authorized source of procurement. 228.52 Suppliers of commodities. (j) Origin means the country where a The terms and conditions applicable to 228.53 Suppliers of services—privately commodity is mined, grown or a procurement of goods or services shall owned commercial suppliers and produced. A commodity is produced be those in effect on the date of the nonprofit organizations. when, through manufacturing, 228.54 Suppliers of services—foreign issuance of a contract for goods or government-owned organizations. processing, or substantial and major services by USAID or by the cooperating 228.55 Delivery services. assembling of components, a country. 228.56 Authority to approve waivers. commercially recognized new Authority: Sec. 621, Pub. L. 87–195, 75 commodity results that is significantly § 228.03 Identification of principal Stat. 445 (22 U.S.C. 2381), as amended, E.O. different in basic characteristics or in geographic code numbers. 12163, Sept. 29, 1979, 44 FR 56673: 3 CFR purpose of utility from its components. 1979 Comp., p. 435. (k) Services means the performance of The USAID Geographic Code Book identifiable tasks, rather than the sets forth the official description of all Subpart AÐDefinitions and Scope of delivery of an end item of supply. geographic codes used by USAID in This Part (l) Source means the country from authorizing or implementing documents, to designate authorized § 228.01 Definitions. which a commodity is shipped to the source countries or areas. The following As used in this part, the following cooperating country, or the cooperating are summaries of the principal codes: terms shall have the following country if the commodity is located meanings: therein at the time of the purchase. (a) Code 000—The United States: The (a) Commodity means any material, Where, however, a commodity is United States of America, any State(s) of article, supply, goods, or equipment. shipped from a free port or bonded the United States, the District of (b) Commodity-related services means warehouse in the form in which Columbia, and areas of U.S.-associated delivery services and/or incidental received therein, ‘‘source’’ means the sovereignty, including commonwealths, services. country from which the commodity was territories and possessions. (c) Component means any good that shipped to the free port or bonded goes directly into the production of a warehouse. (b) Code 899—Any area or country, produced commodity. (m) State means the District of except the cooperating country itself (d) Cooperating country means the Columbia or any State, commonwealth, and the following foreign policy country receiving the USAID assistance territory or possession of the United restricted countries: Afghanistan, Libya, subject to this part 228. States. Vietnam, Cuba, Cambodia, Laos, Iraq, (e) Delivery means the transfer to, or (n) Supplier means any person or North Korea, Syria and People’s for the account of, an importer of the organization, governmental or Republic of China. right to possession of a commodity, or, otherwise, who furnishes services, (c) Code 935—Any area or country with respect to a commodity-related commodities and/or commodity related including the cooperating country, but service, the rendering to, or for the services financed by USAID. excluding the foreign policy restricted account of, an importer of any such (o) United States means the United countries. service. States of America, any State(s) of the (f) Delivery service means any service United States, the District of Columbia, (d) Code 941—The United States and customarily performed in a commercial and areas of U.S. associated sovereignty, any independent country (excluding export transaction which is necessary to including commonwealths, territories foreign policy restricted countries), effect a physical transfer of commodities and possessions. except the cooperating country itself to the cooperating country. Examples of (p) USAID means the U.S. Agency for and the following: Albania, Andorra, such services are the following: export International Development or any Angola, Armenia, Austria, Australia, packing, local drayage in the source successor agency, including when Azerbaijan, Bahamas, Bahrain, Belgium, country (including waiting time at the applicable, each USAID Mission abroad. Bosnia and Herzegovina, Bulgaria, dock), ocean and other freight, loading, (q) USAID Geographic Code means a Belarus, Canada, Croatia, Cyprus, Czech heavy lift, wharfage, tollage, switching, code in the USAID Geographic Code Republic, Denmark, Estonia, Finland, dumping and trimming, lighterage, Book which designates a country, a France, Gabon, Georgia, Germany, insurance, commodity inspection group of countries, or an otherwise Greece, Hong Kong, Hungary, Iceland, services, and services of a freight defined area. The principal USAID Ireland, Italy, Japan, Kazakhstan, forwarder. ‘‘Delivery services’’ may also geographic codes are described in Kuwait, Kyrgyzstan, Latvia, include work and materials necessary to § 228.03. meet USAID marking requirements. (r) USAID/W means the USAID in Liechtenstein, Lithuania, Luxembourg, (g) Implementing document means Washington, DC 20523, including any Macedonia,* Malta, Moldova, Monaco, any document, such as a contract, grant, office thereof. Mongolia, Montenegro,* Netherlands, letter of commitment, etc., issued by New Zealand, Norway, Poland, USAID which authorizes the use of § 228.02 Scope and application. Portugal, Qatar, Romania, Russia, San USAID funds for the procurement of This part is applicable to goods and Marino, Saudi Arabia, Serbia,* services or commodities and/or services financed directly with program Singapore, Slovak Republic, Slovenia, commodity related services, and which funds under the Foreign Assistance Act South Africa, Spain, Sweden, specifies conditions which apply to of 1961, as amended, unless otherwise Switzerland, Taiwan,* Tajikistan, such procurement. provided by statute or regulation. If Turkmenistan, Ukraine, United Arab (h) Incidental services means the different conditions apply to a USAID- Emirates, United Kingdom, Uzbekistan, installation or erection of USAID- financed procurement, by statute or and Vatican City. financed equipment, or the training of regulation, those conditions shall be personnel in the maintenance, operation incorporated in the implementing *Has the status of a ‘‘Geopolitical Entity’’, rather and use of such equipment. document and shall prevail in the event than an independent country. 53618 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

Subpart BÐConditions Governing § 228.13 Special source rules requiring commodities they supply. The Source and Nationality of Commodity procurement from the United States. nationality of the supplier is an Procurement Transactions for USAID (a) Agricultural commodities and additional eligibility criterion to the Financing products thereof must be procured in rules on source, origin and the United States if the domestic price componentry. § 228.10 Purpose. is less than parity, unless the (b) A supplier providing commodities Sections 228.11 through 228.14 set commodity cannot reasonably be must fit one of the following categories forth the rules governing the eligible procured in the United States in for the transaction to be eligible for source of commodities and nationality fulfillment of the objectives of a USAID financing: of commodity suppliers for USAID particular assistance program under (1) An individual who is a citizen or financing. These rules may be waived in which such commodity procurement is a lawfully admitted permanent resident accordance with the provisions in to be financed. (22 U.S.C. 2354) of a country or area included in the subpart F of this part. (b) Motor vehicles must be authorized geographic source code, manufactured in the United States to be except as provided in paragraph (c) of § 228.11 Source and origin of eligible for USAID financing. Also, any commodities. this section; vehicle to be financed by USAID under (a) The source and origin of a (2) A corporation or partnership a long-term lease or where the sale is to organized under the laws of a country commodity as defined in § 228.01 shall be guaranteed by USAID must be be a country or countries authorized in or area included in the authorized manufactured in the United States. (22 geographic source code and with a place the implementing document by name or U.S.C. 2396) For purposes of this by reference to a USAID geographic of business in such country; section, motor vehicles are defined as (3) A controlled foreign corporation code. self-propelled vehicles with passenger (b) Any component from a non-Free (within the meaning of section 957 et carriage capacity, such as highway World country makes the commodity seq. of the Internal Revenue Code) as trucks, passenger cars and buses, ineligible for USAID financing. attested by current information on file (c) When the commodity being motorcycles, scooters, motorized with the Internal Revenue Service of the purchased is a kit (e.g., scientific bicycles and utility vehicles. Excluded United States (on IRS Form 959, 2952, instruments, tools, or medical supplies from this definition are industrial 3646, or on substitute or successor packaged as a single unit), the kit will vehicles for materials handling and forms) submitted by shareholders of the be considered a produced commodity. earthmoving, such as lift trucks, corporation; or (d) When spare parts for vehicles or tractors, graders, scrapers, off-the- (4) A joint venture or unincorporated equipment are purchased, each separate highway trucks (such as off-road dump association consisting entirely of shipment will be considered a produced trucks) and other vehicles that are not individuals, corporations, or commodity, rather than each individual designed for travel at normal road partnerships which are eligible under spare or replacement part. The parts speeds (40 kilometers per hour and either paragraph (b) (1), (2) or (3) of this must be packed in and shipped from an above). Also, for purposes of this section. eligible country. section, a long-term lease is defined as (c) Citizens of any country or area, or (e) Systems determination. When a a single lease of more than 180 days, or firms or organizations located in, system consisting of more than one repetitive or intermittent leases under a organized under the laws of, or owned produced commodity is procured as a single activity or program within a one- in any part by citizens or organizations single, separately priced item, USAID year period totalling more than 180 of any country or area not included in may determine that the system itself days. In addition to the above Geographic Code 935 are ineligible for shall be considered a produced requirements, passenger cars, light financing by USAID as suppliers of commodity. trucks, vans, minivans and utility commodities. Limited exceptions to this (f) In order to be eligible for USAID vehicles must be manufactured by either rule are: financing, when items are considered Chrysler, Ford or General Motors and (1) Individuals lawfully admitted for produced commodities under bear their nameplates, brand names or permanent residence in the United paragraphs (c), (d), or (e) of this section, logos, to be eligible for financing by States are eligible, as individuals or the total cost (to the system supplier) of USAID. The nameplate, brand name or owners, regardless of their citizenship; the commodities making up the kit, logo requirements do not apply when and spare parts, or system which were vehicles are procured under a source (2) The USAID Deputy Assistant manufactured in countries not included waiver. Administrator for Management (DAA/ in the authorized geographic code may (c) Pharmaceutical products must be M) may authorize the eligibility of not exceed 50 percent of the lowest manufactured in the United States in organizations having minimal price (not including ocean order to be eligible for USAID financing. ownership by citizens or organizations transportation and marine insurance) at USAID shall not finance any of non-Geographic Code 935 countries. which the supplier makes the final pharmaceutical product manufactured product available for export sale. outside the United States if the Subpart CÐConditions Governing the manufacture of such product in the Eligibility of Commodity-Related § 228.12 Long-term leases. United States would involve the use of, Services for USAID Financing Any commodity obtained under a or be covered by, a valid patent of the § 228.20 Purpose. long-term lease agreement is subject to United States unless such manufacture the source and origin requirements of is expressly authorized by the owner of Sections 228.21 through 228.25 set this subpart B. For purposes of this such patent. (22 U.S.C. 2356) forth the rules governing the eligibility subpart B, a long-term lease is defined of commodity-related services, both as a single lease of more than 180 days, § 228.14 Nationality of suppliers of delivery services and incidental or repetitive or intermittent leases under commodities. services, for USAID financing. These a single activity or program within a (a) The rules on nationality of rules may be waived in accordance with one-year period totalling more than 180 suppliers of commodities relate only to the provisions in subpart F of this part. days, for the same type of commodity. the suppliers, and not to the Waivers granted pursuant to subpart F Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53619 for individual shipments requiring U.S.C. 1371) authorizing operations country if payment of the insurance ocean transportation which are not between the United States or its premium is made to, and the insurance based on a determination of non- territories and one or more foreign policy is issued by, an insurance availability shall not reduce the countries. company office located in that country. requirement that the applicable (b) For air transport financed under Eligible countries for placement are percentage of USAID cargoes be USAID grants, there is a U.S. governed by the authorized geographic transported on U.S.-flag vessels Government statute that requires the use code. However, if Geographic Code 941 pursuant to the Cargo Preference Act of of U.S. flag air carriers for all is authorized, the cooperating country is 1954, Section 901(b)(1) of the Merchant international air travel and also eligible to provide such services, Marine Act of 1936, as amended, 46 transportation, unless such service is unless the implementing document U.S.C. 1241(b). The rules on delivery not available. When U.S. flag air carriers specified otherwise based on the services apply whether or not USAID is are not available, any Geographic Code following: also financing the commodities being 935 flag air carrier may be used. (a) If a cooperating country transported. In order to be identified (c) Different requirements may be discriminates against marine insurance and eligible as incidental services, such authorized in the implementing companies authorized to do business in services must be connected with a document if the transaction is financed any State of the United States, then all USAID-financed commodity under a USAID loan. USAID-financed goods for that country procurement. (d) The Comptroller General’s must be insured in the United States memorandum (B–138942), dated March against marine risk. The term § 228.21 Ocean transportation. 31, 1981, entitled ‘‘Revised Guidelines ‘‘authorized to do business in any State (a) The Cargo Preference Act of 1954, for Implementation of the Fly America of the United States’’ means that Section 901(b)(1) of the Merchant Act’’, established criteria for foreign-owned insurance companies Marine Act of 1936, as amended, 46 determining when U.S. flag air carriers licensed to do business in the United U.S.C. 1241(b)(1), is applicable to ocean are unavailable. See 48 CFR 47.403–1, States (by any State) are treated the shipment of goods subject to this part. or USAID Optional Standard Provision same as comparable U.S.-owned (b) In addition to cargo preference on ‘‘Air Travel and Transportation’’ for companies. requirements, ocean shipments of grants and cooperative agreement. (b) The prima facie test of USAID-financed goods must meet the (e) While the Comptroller General’s discrimination is that a cooperating requirements in paragraph (c) of this memorandum does not establish country takes actions which hinder section in order for the freight cost to be specific criteria for determining when private importers in USAID-financed eligible for USAID financing. freight service is unavailable, it is transactions from making cost, (c) The eligibility of ocean USAID’s policy that such service is not insurance and freight (C.I.F.) or cost and transportation services is determined by available when the following criteria are insurance (C.&I.) contracts with United the flag registry of the vessel. met: States commodity suppliers, or which (1) When the authorized source for (1) When no U.S. flag air carrier hinder importers in instructing such procurement is Geographic Code 000 provides scheduled air freight service suppliers to place marine insurance (U.S.A.), USAID will finance ocean from the airport serving the shipment’s with companies authorized to do transportation only on U.S. flag vessels. point of origin and a non-U.S. flag business in the United States. (2) When the authorized source for carrier does; (c) When discrimination is found to procurement is Geographic Code 941 (2) When the U.S. flag air carrier(s) exist and the cooperating country fails (selected Free World), USAID will serving the shipment’s point of origin to correct the discriminatory practice, finance ocean transportation on vessels decline to issue a through air waybill for USAID requires that all commodities under flag registry of any country in transportation at the shipment’s final procured with USAID funds be insured Code 935. destination airport; in the United States against marine loss. (3) When commodities whose (3) When use of a U.S.-flag air carrier The decision of any cooperating country eligibility is restricted to Geographic would result in delivery to final to insure all public sector procurements Code 000 are purchased under destination at least seven days later than locally with a government-owned agreements which authorize Geographic delivery by means of a non-U.S. carrier; insurance agency is not considered Code 941 for the procurement of all (4) When the total weight of the discrimination. other commodities, USAID will finance consignment exceeds the maximum the ocean transportation in accordance weight per shipment which the U.S. flag § 228.24 Other delivery services. with paragraph (c)(2) of this section. air carrier will accept and transport as No source or nationality rules apply (4) USAID will finance costs incurred a single shipment and a non-U.S. flag air to other delivery services, such as on vessels under flag registry of any carrier will accept and transport the export packing, loading, commodity Geographic Code 935 country if the entire consignment as a single inspection services, and services of a costs are part of the total cost on a shipment; freight forwarder. Such services are through bill of lading that is paid to a (5) When the dimensions (length, eligible in connection with a commodity carrier for initial carriage on a vessel width, or height) of one or more of the which is financed by USAID. which is eligible in accordance with items of a consignment exceed the paragraph (c) (1), (2) or (3) of this limitations of the U.S. flag aircraft’s § 228.25 Incidental services. section. cargo door opening, but do not exceed Source and nationality rules do not the acceptable dimensions for shipment apply to suppliers of incidental services § 228.22 Air transportation. on an available non-U.S. flag scheduled specified in a purchase contract relating (a) The eligibility of air transportation air carrier. to equipment. However, citizens of is determined by the flag registry of the firms of any country not included in aircraft. The term ‘‘U.S. flag air carrier’’ § 228.23 Eligibility of marine insurance. USAID Geographic Code 935 are means one of a class of air carriers The eligibility of marine insurance is ineligible to supply incidental services, holding a certificate under Section 401 determined by the country in which it except that individuals lawfully of the Federal Aviation Act of 1958 (49 is ‘‘placed’’. Insurance is ‘‘placed’’ in a admitted for permanent residence in the 53620 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

U.S. are eligible regardless of their (With respect to stock or interest held by (3) Have its principal facilities and citizenship. companies, funds or institutions, the offices in a country or area included in ultimate beneficial ownership by the authorized geographic code. Subpart DÐConditions Governing the individuals is controlling.) (b) International agricultural research Nationality of Supplies of Services for (ii) The corporation or partnership: centers and such other international USAID Financing (A) Has been incorporated or legally research centers as may be, from time to § 228.30 Purpose. organized in the United States for more time, formally listed as such by the than 3 years prior to the issuance date USAID Assistant Administrator, Global Sections 228.31 through 228.37 set of the invitation for bids or requests for Bureau, are considered to be of U.S. forth the nationality rules governing the proposals, nationality. eligibility for USAID financing of suppliers of services which are not (B) Has performed within the United States administrative and technical, § 228.33 Foreign government-owned commodity-related. These rules may be organizations. professional, or construction services, waived in accordance with the Firms operated as commercial provisions in subpart F of this part. similar in complexity, type and value to the services being contracted (under a companies or other organizations § 228.31 Individuals and privately owned contract, or contracts, for services) and (including nonprofit organizations other commercial firms. derived revenue therefrom in each of than public educational institutions) (a) In order to be eligible for USAID the 3 years prior to the date described which are wholly or partially owned by financing as a supplier of services, in paragraph (a)(2)(ii)(A) of this section, foreign governments or agencies thereof whether as a contractor or subcontractor (C) Employs United States citizens are not eligible for financing by USAID at any tier, an individual must meet the and non-U.S. citizens lawfully admitted as contractors or subcontractors, except requirements of paragraph (a)(1) of this for permanent residence in the United if their eligibility has been established section (except that individual personal States in more than half its permanent by a waiver approved by USAID in services contractors are not subject to full-time positions in the United States accordance with § 228.54. This does not this requirement), and a privately and more than half of its principal apply to foreign government ministries owned commercial firm must meet the management positions, and or agencies. requirements in paragraph (a)(2) of this (D) Has the existing technical and § 228.34 Joint ventures. section. In the case of the categories financial capability in the United States described in paragraphs (a)(2) (i) and (ii) to perform the contract. A joint venture or unincorporated of this section, the certification (b) A duly authorized officer of a firm association is eligible only if each of its requirements in paragraph (b) of this or nonprofit organization shall certify members is eligible in accordance with section must be met. that the participating firm or nonprofit §§ 228.31, 228.32, or 228.33. (1) An individual must be a citizen of organization meets either the § 228.35 Construction services from and have a principal place of business requirements of paragraph (a)(2) (i) or foreign-owned local firms. in a country or area included in the (ii) of this section or § 228.32. In the (a) When the estimated cost of a authorized geographic code, or a non- case of corporations, the certifying contract for construction services is $5 U.S. citizen lawfully admitted for officer shall be the corporate secretary. million or less and only local firms will permanent residence in the United With respect to the requirements of be solicited, a local corporation or States whose principal place of business paragraph (a)(2)(i) of this section, the partnership which does not meet the is in the United States; certifying officer may presume test in § 228.31(a)(2)(i) for eligibility (2) A privately owned commercial citizenship on the basis of the based on ownership by citizens of the (i.e., for profit) corporation or stockholders’ record address, provided cooperating country (i.e., it is a foreign- partnership must be incorporated or the certifying officer certifies, regarding owned local firm) will be eligible if it is legally organized under the laws of a any stockholder (including any determined by USAID to be an integral country or area included in the corporate fund or institutional part of the local economy. However, authorized geographic code, have its stockholder) whose holdings are such a determination is contingent on principal place of business in a country material to the corporation’s eligibility, first ascertaining that no United States or area included in the authorized that the certifying officer knows of no construction company with the required geographic code, and meet the criteria fact which might rebut that capability is currently operating in the set forth in either paragraph (a)(2)(i) or presumption. cooperating country or, if there is such (ii) of this section: a company, that it is not interested in (i) The corporation or partnership is § 228.32 Nonprofit organizations. bidding for the proposed contract. more than 50 percent beneficially (a) Nonprofit organizations, such as owned by individuals who are citizens educational institutions, foundations, (b) A foreign-owned local firm is an of a country or area included in the and associations, must meet the criteria integral part of the local economy authorized geographic code or non-U.S. listed in this section and the provided: citizens lawfully admitted for certification requirement in § 228.31(b) (1) It has done business in the permanent residence in the United to be eligible as suppliers of services, cooperating country on a continuing States. In the case of corporations, whether as contractors or subcontractors basis for not less than three years prior ‘‘more than 50 percent beneficially at any tier. Any such institution must: to the issuance date of invitations for owned’’ means that more than 50 (1) Be organized under the laws of a bids or requests for proposals to be percent of each class of stock is owned country or area included in the financed by USAID; by such individuals; in the case of authorized geographic code; (2) It has a demonstrated capability to partnerships, ‘‘more than 50 percent (2) Be controlled and managed by a undertake the proposed activity; beneficially owned’’ means that more governing body, a majority of whose (3) All, or substantially all, of its than 50 percent of each category of members are citizens of countries or directors of local operations, senior staff partnership interest (e.g., general, areas included in the authorized and operating personnel are resident in limited) is owned by such individuals. geographic code; and the cooperating country; Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53621

(4) Most of its operating equipment do not apply to sureties, insurance (1) Utilities, including fuel for heating and physical plant are in the companies or banks who issue bonds or and cooking, waste disposal and trash cooperating country. guarantees under USAID-financed collection; contracts. (2) Communications—telephone, § 228.36 Ineligible suppliers. (c) Liability insurance under telex, facsimile, postal and courier Citizens of any country or area not construction contracts. The nationality services; included in Geographic Code 935, and rules in subparts C and D of this part, (3) Rental costs for housing and office firms and organizations located in, with the exception of § 228.36, do not space; organized under the laws of, or owned apply to firms providing liability (4) Petroleum, oils and lubricants for in any part by citizens or organizations insurance under construction contracts. operating vehicles and equipment; of any country or area not included in (5) Newspapers, periodicals and Geographic Code 935 are ineligible for § 228.39 Special source rules for books published in the cooperating financing by USAID as suppliers of construction and engineering services. country; services, or as agents in connection with Advanced developing countries, (6) Other commodities and services the supply of services. The limited eligible under Geographic Code 941, (and related expenses) that, by their exceptions to this rule are: which have attained a competitive nature or as a practical matter, can only (a) Individuals lawfully admitted for capability in international markets for be acquired, performed, or incurred in permanent residence in the United construction services or engineering the cooperating country, e.g., vehicle States are eligible, as individuals or services are not eligible to furnish maintenance, hotel accommodations, owners, regardless of their citizenship, USAID-financed construction and etc. and engineering services. There is no waiver (b) The Procurement Executive may of this provision. (22 U.S.C. 2354) Subpart FÐWaivers authorize the eligibility of organizations § 228.50 General. having minimal ownership by citizens Subpart EÐConditions Governing or organizations of non-Geographic Source and Nationality of Local USAID may expand the authorized Code 935 countries. Procurement Transactions for USAID source in order to accomplish project or Financing program objectives by processing a § 228.37 Nationality of employees under waiver. When a waiver is processed to contracts or subcontracts for services. § 228.40 Local procurement. include a new country, area, or (a) The rules set forth in §§ 228.31 Local procurement in the cooperating geographic code, procurement is not through 228.36 do not apply to the country involves the use of appropriated limited to the added source(s), but may employees of contractors or funds to finance the procurement of be from any country included in the subcontractors. Such employees must, goods and services supplied by local authorized geographic code. All waivers however, be citizens of countries businesses, dealers or producers, with must be in writing. included in Geographic Code 935 or, if payment normally being in the currency § 228.51 Commodities. they are not, have been lawfully of the cooperating country. Unless admitted for permanent residence in the otherwise specified in an implementing (a) Waiver criteria. Any waiver must United States. document, or a waiver is approved by be based upon one of the criteria listed (b) When the contractor on a USAID- USAID in accordance with subpart F of in this section. Waivers to Geographic financed construction project is a this part, local procurement is eligible Code 899 or Code 935 which are United States firm, at least half of the for USAID financing only in the justified under paragraph (a) (2) or (3) of supervisors and other specified key following situations: this section may only be authorized on personnel working at the project site (a) Locally available commodities of a case-by-case basis. (1) Commodities required for must be citizens or permanent legal U.S. origin, which are otherwise eligible assistance are of a type that are not residents of the United States. for financing, if the value of the produced in and available for purchase Exceptions may be authorized by the transaction is estimated not to exceed in the United States, and for waivers to USAID Mission in writing if special the local currency equivalent of Code 899 or Code 935, also not in the circumstances exist which make $100,000 (exclusive of transportation cooperating country, or any country in compliance impractical. costs). Code 941. § 228.38 Miscellaneous service (b) Commodities of Geographic Code (2) It is necessary to permit transactions. 935 origin if the value of the transaction procurement in a country not otherwise This section sets forth rules governing does not exceed $5,000. eligible in order to meet unforeseen certain miscellaneous services. (c) Professional services contracts circumstances, such as emergency (a) Commissions. The nationality estimated not to exceed the local situations. rules in subparts C and D of this part, currency equivalent of $250,000. (3) It is necessary to promote with the exception of § 228.36, do not (d) Construction services contracts, efficiency in the use of United States apply to the payment of commissions by including construction materials foreign assistance resources, including suppliers. A commission is defined as required under the contract, estimated to avoid impairment of foreign any payment or allowance by a supplier not to exceed the local currency assistance objectives. to any person for the contribution which equivalent of $5,000,000. (4) For waivers to authorize that person has made to securing the (e) Under a fixed-price construction procurement from Geographic Code 941 sale or contract for the supplier or contract of any value, the prime or the cooperating country: which that person makes to securing on contractor may procure locally (i) For assistance other than a continuing basis similar sales or produced goods and services under commodity import programs, when the contracts for the supplier. subcontracts. lowest available delivered price from (b) Bonds and guarantees. The (f) The following commodities and the United States is reasonably nationality rules in subparts C and D of services which are only available estimated to be 50 percent or more this part, with the exception of § 228.36, locally: higher than the delivered price from a 53622 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations country or area included in Geographic eligible in order to meet unforeseen section. Any waiver granted under this Code 941 or the cooperating country. circumstances, such as emergency section for a particular shipment which (ii) For assistance other than situations. is not based on a determination of non- commodity import programs, when the (c) It is necessary to promote availability does not reduce the pool of estimated cost of U.S. construction efficiency in the use of United States cargo from which the applicable materials (including transportation and foreign assistance resources, including percentage required to be shipped on handling charges) is at least 50 percent to avoid impairment of foreign U.S.-flag vessels under the Cargo higher than the cost of locally produced assistance objectives. Preference Act of 1954, Section materials. (d) For waivers to authorize 901(b)(1) of the Merchant Marine Act of (iii) For commodity import programs procurement from Geographic Code 941 1936, as amended, 46 U.S.C. 1241(b), is or similar sector assistance, an acute or the cooperating country: determined. A waiver to expand the flag shortage exists in the United States for (1) There is an emergency registry of any Code 935 country may be a commodity generally available requirement for which non-USAID authorized when: elsewhere. funds are not available and the (1) It is necessary to assure adequate (iv) Persuasive political requirement can be met in time only competition in the shipping market in considerations. from suppliers in a country or area not order to obtain competitive pricing, (v) Procurement in the cooperating included in the authorized geographic particularly in the case of bulk cargoes country would best promote the code. and large cargoes carried by liners; objectives of the foreign assistance (2) No suppliers from countries or (2) Eligible vessels provide liner program. areas included in the authorized service, only by transshipment, for (vi) Such other circumstances as are geographic code are able to provide the commodities that cannot be determined to be critical to the success required services. containerized, and vessels under flag of project objectives. (3) Persuasive political registry of countries to be authorized by (b) Additonal requirements. A waiver considerations. the waiver provide liner service without to authorize procurement from outside (4) Procurement of locally available transshipment; the United States of agricultural services would best promote the (3) Eligible vessels are not available, commodities, motor vehicles, or objectives of the foreign assistance and cargo is ready and available for pharmaceuticals (see § 228.13, ‘‘Special program. shipment, provided it is reasonably source rules requiring procurement from (5) Such other circumstances as are evident that delaying shipment would the United States,’’) must also meet determined to be critical to the increase costs or significantly delay requirements established in USAID achievement of project objectives. receipt of the cargo; directives on commodity eligibility. (4) Eligible vessels are found § 228.54 Suppliers of servicesÐforeign unsuitable for loading, carriage, or (USAID’s Automated Directives System government-owned organizations. Chapter 312.) unloading methods required, or for the (c) Any individual transaction not A waiver to make foreign government- available port handling facilities; exceeding $5,000 (not including owned organizations, described in (5) Eligible vessels do not provide transportation) does not require a § 228.33, eligible for financing by liner service from the port of loading waiver. USAID must be justified on the basis of stated in the procurement’s port of the following criteria: export delivery terms, provided the port § 228.52 Suppliers of commodities. (a) The competition for obtaining a is named in a manner consistent with Geographic code changes authorized contract will be limited to cooperating normal trade practices; or by waiver with respect to the source of country firms/organizations meeting the (6) Eligible vessels decline to accept commodities automatically apply to the criteria set forth in §§ 228.31 or 228.32. an offered consignment. nationality of their suppliers. A waiver (b) The competition for obtaining a (b) Air transportation. The preferences to effect a change in the geographic code contract will be open to firms from for use of United States flag air carriers only with respect to the nationality of countries or areas included in the or for use of United States, other the supplier of commodities, but not in authorized geographic code and eligible Geographic Code 941 countries, or the source of the commodities, may be under the provisions of §§ 228.31 or cooperating country flag air carriers are sought if the situation requires it based 228.32, and it has been demonstrated not subject to waiver. Other free world on the appropriate criteria in § 228.51. that no U.S. firm is interested in air carriers may be used only as competing for the contract. provided in § 228.22. § 228.53 Suppliers of servicesÐprivately (c) Services are not available from any owned commercial suppliers and nonprofit other source. § 228.56 Authority to approve waivers. organizations. (d) Foreign policy interests of the The authority to approve waivers of Waiver criteria. Any waiver must be United States outweigh any competitive established policies on source, origin based upon one of the criteria listed in disadvantage at which United States and nationality are delegated authorities this section. Waivers to Geographic firms might be placed or any conflict of within USAID, as set forth in the Code 899 or Code 935 which are interest that might arise by permitting a Automated Directives System Chapter justified under paragraph (b) or (c) of foreign government-owned organization 103 and any redelegations. USAID this section may only be authorized on to compete for the contract. contractors or recipients of assistance a case-by-case basis. agreements shall request any necessary § 228.55 Delivery services. (a) Services required for assistance are waivers through the USAID contract or of a type that are not available for (a) Ocean transportation. A waiver to agreement officer. purchase in the United States, and for expand the flag eligibility requirements waivers to Code 899 or Code 935, also to allow the use of vessels under flag Dated: September 27, 1996. not in the cooperating country, or any registry of the cooperating country, or Marcus L. Stevenson, country in Code 941. Geographic Code 899 or 935 countries Procurement Executive. (b) It is necessary to permit may be authorized under the [FR Doc. 96–26246 Filed 10–11–96; 8:45 am] procurement in a country not otherwise circumstances provided for in this BILLING CODE 6116±71±M Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53623

PENSION BENEFIT GUARANTY of benefits to be paid as annuities and rates and factors set forth in this CORPORATION one set for the valuation of benefits to amendment effective less than 30 days be paid as lump sums. This amendment after publication. 29 CFR Part 4044 adds to appendix B to part 4044 the The PBGC has determined that this annuity and lump sum interest rates and action is not a ‘‘significant regulatory Allocation of Assets in Single- factors for valuing benefits in plans with action’’ under the criteria set forth in Employer Plans; Interest Rate for valuation dates during November 1996. Executive Order 12866. Valuing Benefits For annuity benefits, the interest rates Because no general notice of proposed AGENCY: Pension Benefit Guaranty will be 6.20 percent for the first 20 years rulemaking is required for this Corporation. following the valuation date and 4.75 amendment, the Regulatory Flexibility percent thereafter. For benefits to be ACTION: Final rule. Act of 1980 does not apply. See 5 U.S.C. paid as lump sums, the interest 601(2). assumptions to be used by the PBGC SUMMARY: The Pension Benefit Guaranty List of Subjects in 29 CFR Part 4044 Corporation’s regulation on Allocation will be 5.00 percent for the period of Assets in Single-Employer Plans during which benefits are in pay status, Pension insurance, Pensions. prescribes interest assumptions for 4.25 percent during the seven-year In consideration of the foregoing, 29 valuing benefits under terminating period directly preceding the benefit’s CFR part 4044 is hereby amended as single-employer plans. This final rule placement in pay status, and 4.00 follows: amends the regulation to adopt interest percent during any other years assumptions for plans with valuation preceding the benefit’s placement in pay PART 4044Ð[AMENDED] dates in November 1996. status. The annuity interest assumptions represent a decrease (from those in 1. The authority citation for part 4044 EFFECTIVE DATE: November 1, 1996. effect for October 1996) of .10 percent continues to read as follows: FOR FURTHER INFORMATION CONTACT: for the first 20 years following the Authority: 29 U.S.C. 1301(a), 1302(b)(3), Harold J. Ashner, Assistant General valuation date and are otherwise 1341, 1344, 1362. Counsel, Office of the General Counsel, unchanged. The lump sum interest 2. In appendix B, a new entry is Pension Benefit Guaranty Corporation, assumptions represent a decrease (from added to Table I, and Rate Set 37 is 1200 K Street, NW., Washington, DC those in effect for October 1996) of .25 added to Table II, as set forth below. 20005, 202–326–4024 (202–326–4179 percent for the period during which The introductory text of each table is for TTY and TDD). benefits are in pay status and for the republished for the convenience of the SUPPLEMENTARY INFORMATION: The seven years directly preceding that reader and remains unchanged. PBGC’s regulation on Allocation of period; they are otherwise unchanged. Assets in Single-Employer Plans (29 The PBGC has determined that notice Appendix B to Part 4044—Interest CFR part 4044) prescribes actuarial and public comment on this amendment Rates Used To Value Annuities and assumptions for valuing plan benefits of are impracticable and contrary to the Lump Sums terminating single-employer plans public interest. This finding is based on Table I.—Annuity Valuations covered by title IV of the Employee the need to determine and issue new Retirement Income Security Act of 1974. interest rates and factors promptly so [This table sets forth, for each indicated Among the actuarial assumptions that the rates and factors can reflect, as calendar month, the interest rates (denoted prescribed in part 4044 are interest rates accurately as possible, current market by i1, i2, * * *, and referred to generally as it) assumed to be in effect between specified and factors. These interest rates and conditions. anniversaries of a valuation date that occurs factors are intended to reflect current Because of the need to provide within that calendar month; those conditions in the financial and annuity immediate guidance for the valuation of anniversaries are specified in the columns markets. benefits in plans with valuation dates adjacent to the rates. The last listed rate is Two sets of interest rates and factors during November 1996, the PBGC finds assumed to be in effect after the last listed are prescribed, one set for the valuation that good cause exists for making the anniversary date.]

The values of it are: For valuation dates occurring in the monthÐ it for t= it for t= it for t=

******* November 1996 ...... 0620 1±20 .0475 >20 N/A N/A

Table II.—Lump Sum Valuations date for a period of y years, and thereafter the apply; (4) For benefits for which the deferral [In using this table: (1) For benefits for immediate annuity rate shall apply; (3) For period is y years (where y is an integer and > which the participant or beneficiary is benefits for which the deferral period is y y n1+n2), interest rate i3 shall apply from the ≤ entitled to be in pay status on the valuation years (where y is an integer and n1

For plans with a valu- Imme- Deferred annuities (percent) ation date diate an- Rate set nuity rate On or i1 i2 i3 n1 n2 after Before (percent)

******* 37 ...... 11±1±96 12±1±96 5.00 4.25 4.00 4.00 7 8

Issued in Washington, DC, on this 9th day inspection during normal business standards (NAAQS) create a timing of October 1996. hours: problem of which Congress was perhaps Martin Slate, Environmental Protection Agency, not fully aware. As discussed in EPA’s Executive Director, Pension Benefit Guaranty Region II Office, Air Programs Branch, April 16, 1992 General Preamble to Title Corporation. 290 Broadway, 20th Floor, New York, I, ozone nonattainment areas affected by [FR Doc. 96–26345 Filed 10–11–96; 8:45 am] New York 10007–1866. this provision were not otherwise BILLING CODE 7708±01±P New Jersey Department of required to submit SIPs that show Environmental Protection, Office of attainment of the 1996 15 percent RFP Air Quality Management, Bureau of milestone until November 15, 1993, and ENVIRONMENTAL PROTECTION Air Pollution Control, 401 East State likewise are not required to demonstrate AGENCY Street, CN027, Trenton, New Jersey post-1996 RFP and attainment of the 08625. NAAQS until November 15, 1994. The 40 CFR Part 52 Environmental Protection Agency, Air SIP demonstrations due on November and Radiation Docket and Information 15, 1993, and on November 15, 1994 are [Region II Docket No. 144; NJ22±1±7069a, Center (MC 6102), 401 M Street, S.W., FRL±5554±9] broader in scope than growth in VMT or Washington, D.C. 20460. trips in that they necessarily address Approval and Promulgation of FOR FURTHER INFORMATION CONTACT: emission trends and control measures Implementation Plans; New Jersey Rudolph K. Kapichak, Air Programs for non-motor vehicle emission sources Transportation Control Measures Branch, Environmental Protection and, in the case of attainment Agency, 290 Broadway, 20th Floor, New demonstrations, complex AGENCY: Environmental Protection York, New York 10007–1866, (212) 637– photochemical modeling studies. Agency. 4249. EPA does not believe that Congress ACTION: Direct final rule. intended the VMT offset provision to SUPPLEMENTARY INFORMATION: advance dates for these broader SUMMARY: The Environmental Protection Background submissions. Further, EPA believes that Agency (EPA) is approving a request by Section 182(d)(1)(A) of the Clean Air the November 15, 1992 date would not the State of New Jersey to revise its State Act Amendments of 1990 requires states allow sufficient time for states to have Implementation Plan (SIP) to containing ozone nonattainment areas fully developed specific sets of incorporate transportation control classified as ‘‘severe’’ pursuant to measures that would comply with all of measures (TCMs) as part of the State’s Section 181(a) of the Act to adopt the elements of the VMT offset effort to attain the national ambient air transportation control measures (TCMs) requirements of Section 182(d)(1)(A) quality standard for ozone. EPA finds and transportation strategies to offset over the long term. Consequently, EPA that New Jersey adequately growth in emissions from growth in believes it would be appropriate to demonstrated in its November 15, 1993 vehicle miles traveled (VMT) or number interpret the Act to provide the SIP that growth in emissions from of vehicle trips, and to attain reductions following alternative set of staged growth in vehicle miles traveled will in motor vehicle emissions (in deadlines for submittal of elements of not increase and, therefore, offsetting combination with other emission the VMT offset SIP. emission reduction measures are not requirements) as necessary to comply Under this interpretation, the three required. In its November 15, 1993 SIP with the Act’s Reasonable Further required elements of Section revision, the State submitted a list Progress (RFP) milestone and attainment 182(d)(1)(A) are separable, and can be containing 136 TCMs as part of the plan requirements. The requirements for divided into three separate submissions to reduce emissions of volatile organic establishing a VMT offset program are on different dates. Section 179(a) of the compounds by 15 percent between 1990 discussed in the April 16, 1992 General Act, in establishing how EPA would be and 1996. Preamble to Title I of the Act (57 FR required to apply mandatory sanctions DATES: This rule is effective on 13498), in addition to Section if a state fails to submit a full SIP also December 16, 1996, unless adverse or 182(d)(1)(A) of the Act. The VMT offset provides that the sanctions clock starts critical comments are received by provision requires that states submit by if a state fails to submit one or more SIP November 14, 1996. If adverse November 15, 1992 specific enforceable elements, as determined by the comments are received, this notice will TCMs and strategies to offset any growth Administrator. EPA believes that this be withdrawn in the Federal Register in emissions from growth in VMT or language provides EPA the authority to prior to the effective date of this rule. number of vehicle trips sufficient to determine that the different elements of ADDRESSES: All comments should be allow total area emissions to comply a SIP submission are separable. addressed to: William S. Baker, Chief, with the RFP and attainment Moreover, given the continued timing Air Programs Branch, Environmental requirements of the Act. problems addressed earlier, EPA Protection Agency, Region II Office, 290 EPA has observed that these three believes it is appropriate to allow states Broadway, 20th Floor, New York, New elements (i.e., offsetting growth in to separate the VMT offset SIP into three York 10007–1866. mobile source emissions, attainment of elements, each to be submitted at Copies of New Jersey’s submittals are the RFP reduction, and attainment of different times: (1) The initial available at the following addresses for ozone national ambient air quality requirement to submit TCMs that offset Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53625 growth in emissions; (2) the requirement by providing a fuller opportunity to submitted by the State of New Jersey to to comply with the 15 percent Rate of assure that the TCM elements comply revise its SIP to incorporate TCMs as Progress requirement of the Act; and (3) with the broader RFP and attainment part of the effort to attain the national the requirement to comply with the demonstrations will result in a better ambient air quality standard for ozone. post-1996 periodic reduction and program for reducing emissions in the In its original VMT offset SIP attainment of the ozone NAAQS. long term. submission, New Jersey included public Under this approach, the first Section 182(d)(1)(A) of the Act transit programs, high occupancy element, the emissions offset element, requires New Jersey to offset any growth vehicle (HOV) facilities, traffic flow was due on November 15, 1992. The in emissions from growth in VMT. As improvements, park and ride projects, EPA believes this element is not discussed in the General Preamble, the ridesharing, pedestrian programs, necessarily dependent on the purpose is to prevent a growth in motor roadway pricing, and others. New Jersey development of the other elements. A vehicle emissions from canceling out has subsequently indicated in its state could submit the emissions growth the emission reduction benefits of the submittal of November 15, 1993 that offset element independent of an federally mandated programs in the Act. motor vehicle emissions will not at any analysis of that element’s consistency EPA interprets this provision to require time increase from those of the previous with the periodic reduction and that sufficient measures be adopted so year. Therefore, the State is not required attainment requirements of the Act. that projected motor vehicle VOC to implement any measures to offset Emissions trends from other sources emissions will never be higher during growth in emissions due to growth in need not be considered to show the ozone season in one year than VMT. EPA is approving New Jersey’s compliance with this offset requirement. during the ozone season in the year November 15, 1993 submittal as As submitting this element in isolation before. When growth in VMT and fulfilling the requirements of the first does not introduce the timing problems vehicle trips would otherwise cause a element of Section 182(d)(1)(A). of advancing deadlines for RFP and motor vehicle emissions upturn, this To meet the second element of the attainment demonstrations, EPA does upturn must be prevented. The VMT SIP, due on November 15, 1993, not believe it is necessary to extend the emissions level at the point of upturn New Jersey opted to include 136 TCMs statutory deadline for submittal of the becomes a ceiling on motor vehicle in its 15 percent SIP submittal under emissions growth offset element. emissions. This requirement applies to Section 182(b) of the Act. The The second element, which requires projected emissions in the years remainder of this notice discusses these the VMT offset SIP to comply with the between the submission of the SIP TCMs. 15 percent RFP requirement of the Act, revision and the attainment deadline, As part of the 15 Percent Plan, New was re-scheduled to be due on and is above and beyond the separate Jersey included TCMs which will be November 15, 1993, which is the same requirements for the RFP and the implemented and which will result in date on which the 15 percent RFP SIP attainment demonstrations. The ceiling emission reductions. EPA will be taking itself was due under Section 182(b)(1) of level is defined, therefore, up to the action on New Jersey’s 15 Percent Plan the Act. EPA believes it is reasonable to point of upturn, as motor vehicle in another Federal Register notice in the extend the deadline for this VMT offset emissions that would occur in the ozone future, but the TCMs, which are the element from November 15, 1992 to the season of that year, with VMT growth, subject of this Federal Register notice, date on which the entire 15 percent SIP if all measures for that area in that year can be incorporated into the SIP at this was due, as this allows states to develop were implemented as required by the time. the comprehensive strategy to address Act. When this curve begins to turn up A total of 136 TCMs are being the 15 percent requirement and assure due to growth in VMT or vehicle trips, implemented throughout the State as that the TCM elements required under the ceiling becomes a fixed value. The part of the MPO process, these are as Section 182(d)(1)(A) are consistent with ceiling line would include the effects of follows: the remainder of the 15 percent federal measures such as new motor demonstration. Indeed, EPA believes vehicle standards, phase II RVP Park and Ride Lots (25) that only upon submittal of the broader controls, and reformulated gasoline, as Summit—Springfield Ave: 30 spaces 15 percent plan can a state have had the well as the Act-mandated SIP Clinton—I–78 & Route 31: 50 spaces necessary opportunity to coordinate its requirements. Branchburg—Route 202: 67 spaces VMT strategy with its 15 percent plan. State Submittal Suburban Bus—New Brunswick—Route The third element, which requires the 27: 30 spaces VMT offset SIP to comply with the post- On November 15, 1992, and Netcong Railroad Station: 132 spaces 1996 RFP and attainment requirements November 15, 1993, New Jersey Beverwyck—Parsippany/Troy Hills— of the Act, was rescheduled to be due submitted to EPA requests to revise its Route 46: 300 spaces on November 15, 1994, the statutory SIP for ozone. These submittals had Newton—Routes 206 & 94: 200 spaces deadline for those broader submissions. undergone public hearings on October Westwood: 46 spaces EPA believes it is reasonable to 27, October 29 and November 5, 1992 Stockholm—Hardyston—Routes 23 & similarly extend the deadline for this and on October 14 and October 19, 515: 50 spaces VMT element to the date on which the 1993. In addition, these submittals Flemington Outlet—Route 202—Raritan: post-1996 RFP and attainment SIPs are underwent significant public review as 100 spaces due for the same reason it is reasonable part of the process initiated by three Farmers Market—I–95 & Route 413 to extend the deadline for the second New Jersey metropolitan planning (Pennsylvania): 100 spaces element. First, it is arguably impossible organizations (MPOs); the North Jersey Plauderville—Atwater Lane—Railroad for a state to make the showing required Transportation Planning Authority Station: 200 spaces by Section 182(d)(1)(A) for the third (NJTPA), the Delaware Valley Regional Route 9 Bus—Middlesex/Monmouth element until the broader Planning Commission (DVRPC) and the Counties: unknown demonstrations have been developed by South Jersey Transportation Planning Orange Bus Terminal: unknown the state. Moreover, allowing states to Organization (SJTPO). Turnpike Int 8A—Route 130 & 32—S. develop the comprehensive strategy to EPA is taking direct final approval Brunswick: 500 spaces address post-1996 RFP and attainment action for the TCM SIP revision Turnpike Int 10—Edison: 750 spaces 53626 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

Turnpike—Vince Lombardi Service Signal Upgrade—Essex County (5 reduce VOC emissions by 15 percent Area—Bergen: 1000 spaces projects) between 1990 and 1996. The projects Interchange 153—Passaic: unknown Interchange Improvements—Garden will be implemented by 1996 and will Montvale Expansion—Bergen: 152 State Parkway—Statewide assist New Jersey in attaining the spaces Atlantic City Computerized Signal NAAQS for ozone. Interchange 109—Middletown: 65 System Implementation of these projects will spaces Turning Lanes and Signal be tracked and ensured through the Jefferson/Mullica Hill—Route 45— Improvements in Cape May (3 transportation conformity process as Harrison Township: 40 spaces projects) required by the federal transportation Malage—Route 40/Dutch Mill Road— Bridge Motorist Information System— conformity regulation (40 CFR Part 93; Franklin: 50 spaces Tacony and Betsy Ross Bridges 1290). Transportation Improvement Woodbury—Route 45 & Cooper Street: Traffic Operations Center—Camden and Programs (TIPs) which contain TCMs 50 spaces Burlington Counties are developed annually by the three Aberdeen—Monmouth County: 400 Incident Management—Camden Area MPOs in the State. This is accomplished spaces Service Patrol in coordination with several state and Trenton Rail Station: 900 Spaces One Way Tolls—Delaware River federal agencies. The transportation Crossings (3 Projects) conformity regulation requires that all Transit Improvements (Sponsored by NJ Burlington County Signal Upgrades and TIPs be consistent with the SIP. Since Transit) (39) Improvements (21 Projects) these projects are contained in the SIP, Waterfront Connection—Hudson, Essex, Cumberland County—Arterial Signal failure to include them in the TIP will Middlesex, Monmouth Counties System cause the TIP to not conform. This Kearny Connection—Morris, Somerset, Mercer County—Intersection and could result in transportation projects Essex, Union Counties Signalization Improvements being halted. Such a decision is made Hackettstown Booton Line Extension— Essex County—Turn Lanes and Signal by the Federal Highway Administration Warren County Modification (6 projects) in consultation with EPA. Hoboken Transit Hub—Hudson County Ocean County—Traffic Signal Retiming There was a significant opportunity Transit Station Bike Lockers and and Turn Lanes (11 projects) for public comment throughout the TIP Racks—Statewide Atlantic County—Intersection development process. MPOs provide Existing Park and Ride Facilities Improvements access to all information and utilize Program—Select Stations Other (6) public outreach as an important Summer shore Express Service—North component of the transportation Jersey Coast Line Employer Trip Reduction—Statewide process. In addition, the development of Atlantic City Rail Line Extension to Bayshore Waterfront Bike/Pedestrian the 15 percent plan underwent the Philadelphia way public hearing process as required for Jersey Shore Line Passenger Service to Traction Line Bikeway—Morris all SIP amendments. Cape May locations Township In March of 1992, EPA released a Route 67 Modified Bus service—Toms Meadows Path Bikeway—Hudson and document entitled Transportation River/Lakewood via US 9 Bergen Counties Control Measure Information Route 303 Broad Street Station—Penn North Bergen Trail—Pedestrian/Bicycle Documents, as required by Section Station Shuttle Sussex Trails—Pedestrian/Bicycle 108(f) of the Clean Air Act Amendments Expanded Bus Service Strategies— The 136 TCMs are predicted to result (prepared for EPA by Cambridge Statewide in a Statewide reduction of 1.4 tons per Systematics, Inc). This document Expanded Service Strategies—Port day of VOCs, out of a total of 209 tons/ includes a detailed description of the Newark/Elizabeth day for the entire 15 percent plan. impacts of implementing several Cape May City Ferry Bus Service Therefore, the TCMs represent 0.7 distinct types of TCMs, but does not Atlantic City Garage in Egg Harbor percent of the needed reduction. The provide a means to calculate specific Atlantic County Experimental Services reductions attributed to the TCMs are emissions reductions from TCM Weehawken Ferry Terminal Parking broken down by the three implementation. New Jersey used this Redesign Plaza at Exchange Place PATH nonattainment areas in New Jersey, as information to evaluate various TCMs. Station for Drop Offs follows: 0.9 tons in northern New Chapters include information on Gateway Park and Ride shuttle Jersey, 0.3 tons in the Philadelphia employer programs, public transit, HOV metropolitan area of New Jersey, and 0.2 Traffic Flow Improvements (66) projects, and pedestrian programs. This tons in the Atlantic City area. This document is available through the Closed Loop Signal System (Several equals 1.4 tons Statewide. National Technical Information Service, Projects Statewide noted as one) The 136 TCMs fall into the following document reference number PB92–173– Magic I Motorist Advisory System four broad categories. The percentages 566. Island Beach State Park Motorist represent the portion of the 1.4 tons of A significant portion of these types of Information System reduction attributed to each category. projects were utilized by New Jersey Service Patrols—Morris, Essex, Passaic, Traffic Flow Improvements: 66 even though the State is not required to and Bergen Counties projects; 48.6 percent. implement any specific TCMs. I–80 High Occupancy Vehicle Lane Transit Projects: 39 projects; 42.2 Furthermore, any state can implement Turnpike High Occupancy Vehicle Lane percent. viable TCMs that are not included in from Exit 11 to 14 Park and Ride Projects: 25 projects, this list. Turnpike Traffic Surveillance and 7.7 percent. Control System—Exit 8A to GWB ETR/Bicycle & Pedestrian Projects: 6 Conclusion Incident Management Radio System— projects. 1.5 percent. The benefits associated with these Statewide The projects contained in the SIP projects were calculated using best Incident Management State Police submittal are being implemented as part transportation planning practices. EPA Communications Center—Cranbury of the Clean Air Act requirement to believes that New Jersey modeled these Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53627 projects to the best of its ability using Federal Register publication, the EPA is local or tribal governments have elected the best practices available, and, proposing to approve the SIP revision to adopt the program provided for under therefore, approves the project analysis should adverse or critical comments be Section 182(d) of the Clean Air Act. conducted by the State of New Jersey. filed. Thus, this direct final action will These rules may bind State, local and The rationale for EPA’s direct be effective December 16, 1996, unless, tribal governments to perform certain approval is that these TCMs were by November 14, 1996, adverse or actions and also require the private subject to the extensive public critical comments are received. sector to perform certain duties. To the participation process discussed earlier. If the EPA receives such comments, extent that the rules being approved by The TCMs will effectively reduce VMT this rule will be withdrawn before the this action would impose any mandate and related VOC emissions, thereby effective date by publishing a upon State, local or tribal governments reducing ground level ozone. Therefore, subsequent notice that will withdraw EPA is approving this revision the final action. All public comments either as the owner or operator of a incorporating these TCMs into New received will then be addressed in a source or as a regulator, or would Jersey’s SIP. subsequent final rule based on this impose any mandate upon the private Regarding the first VMT offset action serving as a proposed rule. The sector, EPA’s action will impose no new element, New Jersey has identified and EPA will not institute a second requirements; such sources are already evaluated TCMs to reduce VMT, and comment period on this action. Any subject to these regulations under state has shown that VMT growth will not parties interested in commenting on this law. Accordingly, no additional costs to result in a growth of motor vehicle rule should do so at this time. If no state, local, or tribal governments, or to emissions that will negate the effects of adverse comments are received, the the private sector, result from this the reductions required under the Act public is advised that this rule will be action. EPA has also determined that and there will not be an upturn of motor effective December 16, 1996. (See 47 FR this final action does not include a vehicle emissions. Regarding the second 27073 and 59 FR 24059). mandate that may result in estimated element, New Jersey has submitted a Under the Regulatory Flexibility Act, annual costs of $100 million or more to complete 15 percent SIP that contains 5 U.S.C. 600 et. seq., EPA must prepare state, local, or tribal governments in the 136 TCMs which contribute to its a regulatory flexibility analysis aggregate or to the private sector. showing that the 15 percent reduction assessing the impact of any proposed or will be achieved. While EPA is not final rule on small entities. 5 U.S.C. 603 The Office of Management and Budget prepared to take action on New Jersey’s and 604. Alternatively, EPA may certify has exempted this action from review 15 percent plan at this time, EPA does that the rule will not have a significant under Executive Order 12866. not believe that it is necessary to delay impact on a substantial number of small Under 5 U.S.C. section 801(a)(1)(A) as taking action on the second element of entities. Small entities include small added by the Small Business Regulatory the VMT SIP, since to do so would businesses, small not-for-profit Enforcement Fairness Act of 1996, EPA merely delay action on New Jersey’s enterprises, and government entities submitted a report containing this rule TCMs into its SIP. However, if in with jurisdiction over populations of and other required information to the approving the 15 percent plan approval less than 50,000. U.S. Senate, the U.S. House of it is determined that New Jersey would SIP approvals under Section 110 and Representatives and the Comptroller in fact have to implement additional subchapter I, part D of the Clean Air Act General of the General Accounting do not create any new requirements, but TCMs to meet the 15 percent RFP Office prior to publication of the rule in simply approve requirements that the requirement, and a subsequent today’s Federal Register. This rule is submission of a revised 15 percent SIP State is already imposing. Therefore, not a ‘‘major rule’’ as defined by 5 is required, EPA would have to because the federal SIP-approval does U.S.C. section 804(2). reevaluate its approval of the second not impose any new requirements, I element of the VMT SIP. certify that it does not have a significant Under section 307(b)(1) of the Clean New Jersey has met the first and impact on any small entities affected. Air Act, petitions for judicial review of second requirements of the VMT offset Moreover, due to the nature of the this rule must be filed in the United plan. The third requirement is for New federal-state relationship under the States Court of Appeals for the Jersey to use TCMs as necessary to Clean Air Act, preparation of a appropriate circuit within 60 days from achieve attainment of the ozone NAAQS regulatory flexibility analysis would date of publication. Filing a petition for and meet post-1996 RFP requirements. constitute federal inquiry into the reconsideration by the Administrator of This third requirement will be economic reasonableness of state action. this final rule does not affect the finality addressed in future rulemaking after The Clean Air Act forbids EPA to base of this rule for the purposes of judicial EPA receives and evaluates New Jersey’s its actions concerning SIPs on such review nor does it extend the time attainment and post-1996 RFP SIP grounds. Union Electric Co. v US EPA, within which a petition for judicial submissions. 427 US 246, 256–66 (S.Ct. 1976); 42 review may be filed and shall not Nothing in this rule should be U.S.C. 7410(a)(2). postpone the effectiveness of such rule construed as permitting or allowing or Under Sections 202, 203, and 205 of or action. This rule may not be establishing a precedent for any future the Unfunded Mandates Reform Act of challenged later in proceedings to request for revision to any SIP. Each 1995 (‘‘Unfunded Mandates Act’’), enforce its requirements. (See 307(b)(2)). request for revision to any SIP shall be signed into law on March 22, 1995, EPA considered separately in light of specific must undertake various actions in List of Subjects in 40 CFR Part 52 technical, economic, and environmental association with proposed or final rules factors and in relation to relevant that include a federal mandate that may Environmental protection, Air statutory and regulatory requirements. result in estimated annual costs of $100 pollution control, Hydrocarbons, EPA is publishing this rule without million or more to the private sector, or Incorporation by reference, prior proposal because EPA views this to State, local, or tribal governments in Intergovernmental relations, Nitrogen as a noncontroversial amendment and the aggregate. dioxide, Ozone, Reporting and anticipates no adverse comments. Through submission of this SIP or recordkeeping requirements, Volatile However, in a separate document in this plan revision, the State and any affected organic compounds. 53628 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

Dated: July 29, 1996. monoxide, hydrocarbons and nitrogen and a 0.3 percent reduction overall in William J. Muszynski, oxides will be reduced compared with Eastern Massachusetts. Deputy Regional Administrator. their expected levels if parking is not Without the South Boston freeze, the Part 52, chapter I, title 40 of the Code constrained. These pollutants contribute amount of VMT increases in the South of Federal Regulations is amended as to the carbon monoxide and ozone air Boston zones are large. On average in follows: pollution problems in the Boston the three South Boston zones, DEP urbanized area. This SIP revision adds expects trips to rise by about 35 percent PART 52Ð[AMENDED] the South Boston Parking Freeze Area to between now and the year 2010. Based ongoing parking management plans in on vehicle trip reductions and the 1. The authority citation for Part 52 the Metropolitan Boston Area. The related VMT change, a reduction of 8.06 continues to read as follows: intended effect of this action is to percent in VMT is obtained below the Authority: 42 U.S.C. 7401–7671q. approve the changes to Massachusetts’ level which would otherwise occur with SIP. This action is being taken in unconstrained parking within the Subpart FFÐNew Jersey accordance with the Clean Air Act Central Artery Study area, and 0.3 (CAA). percent over the entire region. 2. Section 52.1582 is amended by adding paragraphs (e) and (f) to read as EFFECTIVE DATE: This rule is effective on Using EPA’s Mobile Emission Factor follows: November 14, 1996. Model (MOBILE4.1, the current version at the time of the DEP’s analysis) and ADDRESSES: Copies of the documents § 52. 1582 Control strategy and the Central Artery Traffic Model, the relevant to this action are available for regulations: Ozone (volatile organic South Boston Parking Freeze would public inspection during normal substances) and carbon monoxide. reduce emissions of volatile organic business hours, by appointment at the * * * * * compounds (VOCs) by approximately Office of Ecosystem Protection, U.S. (e) The November 15, 1993 SIP 74.86 kilograms per day by the year Environmental Protection Agency, revision adds 136 transportation control 2010 within the Central Artery Study Region I, One Congress Street, 11th measures to the SIP which will area. Carbon Monoxide emissions floor, Boston, MA; Air and Radiation contribute emission reductions towards would be reduced by 558.50 kilograms Docket and Information Center, U.S. meeting the 15 Percent requirement of per day within the Central Artery Study Environmental Protection Agency, 401 the ozone SIP. area. M Street, S.W., (LE–131), Washington, (f) The November 15, 1993 SIP D.C. 20460; and Division of Air Quality Using the EPA MOBILE4.1 emission revision provides a 1993 demonstration Control, Department of Environmental Model and the Central Transportation that growth in emissions from growth in Protection, One Winter Street, 8th Floor, Planning Staff (CTPS) regional vehicle miles traveled will not increase Boston, MA 02108. transportation model, the South Boston through 2007 and that offsetting Parking Freeze will reduce emissions of emission reductions are not required. FOR FURTHER INFORMATION CONTACT: VOCs by 269.79 kilograms per day, and Donald O. Cooke, (617) 565–3508. [FR Doc. 96–26202 Filed 10–11–96; 8:45 am] of carbon monoxide (CO) by SUPPLEMENTARY INFORMATION: On approximately 1,663.91 kilograms per BILLING CODE 6560±50±P October 3, 1994 (59 FR 50211–50214), day within Eastern Massachusetts. The EPA published a Notice of Proposed regional model also accounts for the 40 CFR Part 52 Rulemaking (NPR) for the secondary effects of reducing traffic, Commonwealth of Massachusetts. The which will in turn reduce congestion [MA±29±01±6537; A±1±FRL±5613±3] NPR proposed approval of a revision to and emissions elsewhere in the region. Massachusetts Department of Approval and Promulgation of Air EPA supports the South Boston Environmental Protection (DEP) State Quality Implementation Plans; Parking Freeze Plan as a means to Implementation Plan (SIP) by adding or Massachusetts; Amendment to reduce VMT and ultimately eliminate amending four definitions in 310 CMR Massachusetts' SIP (for Ozone and for motor vehicle emissions associated with 7.00, and inserting provisions for a City Carbon Monoxide) for Establishment reduced VMT. The VMT reduction of Boston/South Boston Parking Freeze of a South Boston Parking Freeze anticipated with implementing the at 310 CMR 7.33. The formal SIP South Boston Parking Freeze Plan will AGENCY: Environmental Protection revision was submitted by be accounted for through Highway Agency (EPA). Massachusetts on July 30, 1993. Performance Monitoring System’s ACTION: Final rule. Air Quality Impacts (HPMS) statistical sampling of VMT within the Boston Metropolitan area. SUMMARY: EPA is approving a State The South Boston Parking Freeze is VMT reductions resulting from the Implementation Plan (SIP) revision designed to reduce the growth of VMT South Boston freeze will be documented submitted by the Commonwealth of and travel-related air emissions by by Massachusetts in their emission Massachusetts. This revision establishes controlling the growth of parking spaces inventories and regional emission and requires the Boston Air Pollution serving South Boston. The freeze will analysis (prepared for transportation Control Commission (BAPCC) and the result in air quality improvements conformity) and result in improved Massachusetts Port Authority beyond those which would occur in the ambient air quality. Specific emission (Massport) to control the growth of future without this measure. credit associated with the South Boston parking spaces in the South Boston For the three South Boston zones, Parking Freeze Plan is not being neighborhood of Boston. The effect of DEP expects the proposed freeze to assigned in the SIP. In addition, because controlling parking growth is reduce total future trips by 15,220 per Massachusetts will account for VMT anticipated to be a decrease in vehicle day or 19 percent of the approximately and emission benefits in the base miles travelled (VMT), thereby holding 80,105 trips forecast with unconstrained scenario for their ozone SIP, automobile usage to levels within the parking. This is a 5.3 percent reduction Massachusetts’ Reasonable Further practical capacity of the local street in the future year trips without the Progress Plan does not identify the network. Vehicular emissions of carbon freeze in the Central Artery Study area, South Boston Parking Freeze as an Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53629 emission reduction element or as a the authority to implement the freeze. with wide circulation and an contingency measure. See CAA Section 110(a)(2)(E). EPA opportunity for comment may be the Specific requirements of the South believes that the proposed South Boston best method for testing assumptions Boston Parking Freeze and the rationale Parking Freeze SIP can be implemented about freezes and would provide a for EPA’s proposed action are explained and is legally enforceable, even though chance for review of the methodology. in the NPR and will not be restated here. the administration is divided as Response: 3. EPA believes that there Public comments received on the NPR proposed between BAPCC and is a substantial history of parking freeze are addressed below: Massport. Consistent with CAA Section management regulations in the Boston area to support beneficial mobile source Public Comment 110(a)(2)(E)(iii) DEP retains authority to implement the freeze if BAPCC or emission reductions. DEP submitted a Four public comments were received Massport fail to do so. careful modeling analysis of VMT on the NPR. On November 2, 1994, the 2. CLF raised their concern that reductions that result from the freeze. Conservation Law Foundation (CLF) approval of the South Boston Parking Although the City of Boston’s assertions submitted comments generally Freeze as a Transportation Control about possible development impacts supporting approval of the South Boston Measure (TCM) in the SIP, would add may be valid concerns, they are not Parking Freeze rule into the SIP. On additional conformity criteria that must substantiated well enough for EPA to November 3, 1994 the City of Boston be satisfied before a conformity overrule DEP’s determination that the Environmental Department (BED) and determination could be made. Freeze will yield VMT reductions and the Boston Air Pollution Control Specifically, once the parking freeze is air quality benefits. Pursuant to CAA Commission (BAPCC) submitted approved in the SIP, the Boston requirements for a state public hearing comments questioning the potential air Transportation Improvement Program on all SIP actions, there have been quality benefits associated with a South (TIP) or Boston Transportation Plan significant opportunities for the public Boston Parking Freeze. However, the would not be able to conform to the SIP to review and comment on the South City of Boston’s comments declared that unless the parking freeze is being Boston Parking Freeze Regulation. the City is ready to administer the South implemented in a timely manner, with 4. The city of Boston questions the Boston Freeze and that the City’s a commitment of adequate funds for efficacy of such a labor intensive and comments were an effort to improve this implementing the freeze. CLF then complex bureaucracy for the sake of a Freeze. On November 14, 1994, the expanded on the requirements of .03%, at best, VMT reduction region Dorchester Avenue Taxpayers conformity to ensure timely wide. For what it will cost to implement Association (DATA) submitted implementation of TCMs found at 40 this plan, the Boston Environmental comments asserting that the South CFR Section 51.418. Department believes compliance with Boston Parking Freeze will be a Response: 2. In order to make a existing ride sharing regulations, detriment to businesses and the positive transportation conformity development of Transportation economic viability of South Boston. determination, in accordance with Management Associations (TMAs), and Finally, on November 16, 1994 the requirements set forth by section revision of cities and towns zoning Boston Redevelopment Authority (BRA) 51.418(c)(1), The Boston Metropolitan requirements would result in more submitted comments concurring on the Planning Organization must affirm significant VMT reductions. BED and BAPCC comment letter of whether past obstacles to Response: 4. EPA endorses cost November 2, 1994. implementation of TCMs in the SIP efficiency and the greatest possible The specific comments and EPA’s (including the Boston, the East Boston/ emission reductions of nonattainment responses are presented below. A Logan, the Cambridge and the new pollutants. The SIP process under the memorandum summarizing these South Boston Parking Freezes) which CAA leaves it to the States, however, to comments and EPA’s response is also are behind the schedule established in choose from a wide variety of programs available at the address listed above. the applicable implementation plan to develop a strategy to attain clean air 1. CLF had recommended at the SIP have been identified and are being and achieve the National Ambient Air development phase that the BAPCC be overcome, and whether State and local Quality Standards, as well as achieving designated as the ‘‘sole governing agencies with influence over approvals all state air quality standards and state authority’’ of the freeze program rather or funding for TCMs are giving air quality guidelines. The state has the than divide implementation between maximum priority to approval or flexibility to include a South Boston BAPCC and Massport. funding for TCMs. Parking Freeze and Management Response: 1. DEP has found that 3. The City of Boston believes that the Program as part of their overall strategy BAPCC possess adequate administrative addition of a parking freeze covering to attain clean air goals. Indeed EPA has and enforcement authority to administer South Boston is not a viable air quality no authority to disapprove a state’s the South Boston Parking freeze on measure as proposed and may actually choice of control measure solely private, public, and city property. be counterproductive. The City raises its because EPA disagrees with the state’s Similarly DEP has determined that concern that reductions in vehicle trips assessment of its cost-effectiveness. under state law the Massport Authority to and from South Boston may be more Union Electric Co. v. EPA, 427 U.S. 246 has the power of enforcement for the than outweighed by VMT growth that (1976). Furthermore, this parking freeze parking freeze on property owned or would result if development is will complement existing Parking leased by Massport. Indeed each of displaced to the suburbs. Suburban Freeze Programs in the Metropolitan these entities is currently administering vehicle trips tend to be longer with Boston Area. the freezes in the Boston area. See e.g. lower vehicle occupancy rates and there 5. The City of Boston believes where 310 CMR 7.30 and 7.31. While it might are negligible mass transit shares in the the air quality problem is regional in be simpler to have the South Boston typical development in ‘‘suburban nature, such as ground-level ozone, a Parking Freeze administered by one sprawl’’ locations. In order to determine regional solution is the only reasonable entity, the CAA does not authorize EPA the full environmental impact of the approach. The City of Boston to second-guess DEP’s choice for South Boston Freeze, the applicability Environmental Department and Air structuring the freeze, absent a finding of MEPA/NEPA notwithstanding, a Pollution Control Commission oppose that the local or regional entities lack detailed environmental impact report to the South Boston Parking Freeze 53630 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations because it is a local approach better state regulation is ambiguous especially disadvantage to suburban locations, in suited to localized pollution problems, as to trucks, buses, construction part, because of the perception of yet such as carbon monoxide. equipment and other vehicles. another regulatory hurdle placed in the Response: 5. The Boston Response: 7. The definition for motor way of new investment. At a time when Environmental Department letter agrees vehicle and parking space clearly covers Boston Harbor and the Port of Boston is with EPA that VMT reduction strategies passenger vehicles using parking spaces being revitalized, an additional such as parking freezes may be useful as within the South Boston Parking Freeze regulatory initiative targeting this one component of an overall traffic area, which is the overwhelming bulk of neighborhood threatens to drive out control program to reduce localized air the parking supply that Massachusetts existing business and frighten off the quality problems, such as high carbon seeks to regulate. However, the financial community, stifling the rebirth monoxide levels at intersections. EPA definition of motor vehicles is not clear of this industrial, commercial and further believes that the parking freeze when one thinks about trucks, busses residential community. program would influence current single and commercial vehicles that park on Response: 9. The state regulation for occupant vehicle commuters. Such trips streets or odd corners of lots. South Boston Parking Freeze has been originate from within Boston’s large Massachusetts agrees with EPA that the in place since April 9, 1993, with no interstate commuting area (from the application of the South Boston Parking reports of adverse economic impact. States of Rhode Island, Maine, and New Freeze Regulation to commercial Since that time considerable federal, Hampshire, as well as from central and vehicles (trucks, busses and the like) is state, city and local funds have western Massachusetts) and commuters unclear in the existing regulation. EPA supported projects in South Boston now park in South Boston. The freeze understands that DEP will address this including: Boston Harbor clean-up and will eventually create incentives for implementation question in the near improvement; the Port of Boston; the commuters to form carpools and utilize future through operational guidance. In new Federal Courthouse; planning and existing bus and mass transit options. any case, the rule is clear as to future implementation of the South Such a change in commuting habits passenger vehicles, and will address the Boston Piers Transitway Project; rail would result in reduced regional VMT vast majority of vehicles using South and road enhancement projects and would contribute to attainment of Boston for parking. associated with the Central Artery/Third the ozone standard in the region. 8. The Boston Redevelopment Harbor Tunnel construction in South 6. The South Boston Parking Freeze Authority (BRA) identified two Boston; and new business start ups in Regulation was changed from the economic initiatives that in their South Boston. Moreover, the CAA SIP version DEP first proposed, to give opinion required a delay in the SIP process leaves decisions about the Massport administrative control over amendment until the impact of the economic impact of SIP control the freeze as it applies to Massport parking freeze could be determined. The measures to the State. As discussed property. Since that change, the City of first initiative is a City report calling for above, EPA has no authority to Boston has opposed the South Boston a major exposition center to be disapprove a state’s SIP proposal for Parking Freeze in the belief that the developed in the South Boston reasons of economic hardship. Union freeze merely duplicates existing land Industrial Zone or in the Piers Zone. Electric, supra. use controls such as the Restricted The second initiative is a June 29, 1994 10. Several commenters raised a Parking District zoning and other Boston Empowerment Zone application, concern regarding funds and funding regulatory controls. The City of Boston which calls for much of the area under source(s) necessary for the City of believes the freeze should apply to the South Boston Parking Freeze to be Boston to implement the Freeze. Massport. the location for major public and private Response: 10. At the request of the Response: 6. The existing state investment in economic development City of Boston, the Massachusetts’ State regulation now being approved will and job opportunities for poor residents Auditor has determined that the South place a cap on parking spaces under the of the City. Boston Parking Freeze need not be jurisdiction of both the City of Boston Response 8: EPA does not envision carried out by the City until funding is and Massport. The overall number of the endorsement of the existing State provided by the State. This ruling is spaces allowed under the freeze has not regulation to impose any new based on the Local Mandate Law changed as a result of giving Massport developmental constraints or to have [General Laws Chapter 29, Section 27c, control over spaces it operates. There any derogatory effect on BRA’s so-called ‘‘Proposition 21⁄2’’], which has been no relaxation of the parking proposed development plans. In fact, allows for the City of Boston to request freeze regulation as it applies to many of the Federal government’s a compliance exemption from a State Massport property. EPA cannot require recent actions in South Boston to fund imposed unfunded mandate. Here the DEP to adopt a specific structure for public transit projects and mass transit City argues and the Massachusetts implementing the freeze, as long as the improvements, modify the approaches Auditor agrees that the State’s South freeze is structured so that DEP may and connecting roads to the Third Boston Parking Regulation imposes an implement it if the City of Boston or Harbor Tunnel (Ted Williams Tunnel), unfunded state mandate on Boston. Massport fail to do so, consistent with and undertake the construction of a new Such an action could: one, force the CAA section 110(a)(2)(E)(iii). Federal Courthouse in South Boston State to provide funds that the City may Furthermore, it is EPA’s opinion that have all been consistent with BRA’s determine necessary to implement the the parking freeze regulation will development plans for South Boston. freeze; or two, force the State to compliment existing land use controls Furthermore, EPA has no authority to implement the freeze itself. However, such as the Restricted Parking District disapprove the proposed SIP neither action would change the Zoning and other regulatory controls by amendment because of possible requirement to implement and enforce adding federal and state enforcement development plans that may be the South Boston Parking Freeze as a provisions to controls that have been implemented in the future. federally approved SIP control measure. effective at limiting parking growth in 9. Several commenters raised concern Note that while approving the freeze South Boston. that the South Boston Parking Freeze into the SIP does make it federally 7. Several commenters believed that might place South Boston businesses enforceable, the freeze is not a federally the definition of ‘‘motor vehicle’’ in the and industries at a competitive required control program under the Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53631

Clean Air Act and EPA’s SIP approval reductions calculated by DEP are and added the point that Boston has does not impose any new requirements detailed in the Technical Support submitted an empowerment zone beyond those already included in the Document which is contained in the application for the area covered by the state regulations. docket supporting this action. freeze. The BRA maintains that the 11. DATA commented that the public 13. DATA commented that the freeze imposes constraints on notification process by DEP was flawed. parking freeze will impact South development inconsistent with the goals Response: 11. EPA regrets that DATA Boston’s business community of an empowerment zone. The BRA did not learn about the negatively, in light of the fact that the cited to federal regulations (24 CFR Part Commonwealth’s November 30, 1992 Pier and Industrial Zones of South 597) establishing the empowerment public meeting/hearing on the South Boston are not presently served by zone program which BRA asserts Boston Parking Freeze. However, DEP adequate public transportation. require that the federal government will followed state regulations and policy Response: 13. The South Boston work with communities that complete regarding public participation and Piers/Fort Point Channel Transit Project the nomination process for an outreach throughout the development of will soon be built in South Boston empowerment zone ‘‘to overcome 310 CMR 7.33, and has submitted ample through participation of the Federal programmatic regulations and statutory documentation that it met the Transit Administration, supplementing impediments to encourage more procedural requirements of CAA section existing MBTA Bus service. See 310 effective economic, physical, 110(l) and 40 CFR sections 51.102 and CMR 7.36(2)(g). Indeed, this freeze environmental and community 51.104(f). DATA submitted a comment works in conjunction with transit and development activities.’’ letter dated November 10, 1994 high occupancy vehicle lane measures Response: 16. EPA does not (received November 16) to EPA which provided for in 310 CMR sections 7.36 necessarily agree with BRA’s assertion EPA is now addressing. EPA notes that and 7.37 as an integrated plan to that the freeze is inconsistent with the DATA has since participated in the encourage commuters to avoid single development of an economically vibrant implementation of the South Boston occupancy car trips. urban empowerment zone. The freeze is Parking Freeze when several of its 14. DATA asserted that the parking broadly consistent with the goals of members testified during a July 8, 1994 freeze is unnecessary because existing fostering dense development, served by public hearing held by DEP on the zoning regulation will provide effective mass transit, with responsible measures parking freeze plan and inventory. parking control. designed to avoid automobile urban 12. DATA commented that the South Response: 14. The South Boston gridlock. More importantly, however, Boston Parking Freeze is arbitrary and Parking Freeze will work in tandem once the Commonwealth has decided that the regulations will not resolve the with existing land use and zoning that the freeze is its choice for a SIP regional air quality problem. regulations. There may be future control measure, the CAA does not give Response: 12. The South Boston changes to the zoning regulations and EPA authority to contradict a state’s Parking Freeze is a transportation individual waivers from zoning choice even if EPA believed the measure control measure chosen by the regulations, undertaken without was not the most economically efficient Commonwealth of Massachusetts as one carefully accounting for potential way to control air emissions. Union of its strategies to attain clean air. The impacts on VMT or air quality. The SIP- Electric, supra. South Boston area was part of the approved parking freeze will provide Boston moderate carbon monoxide (CO) additional assurance that efforts to Final Action nonattainment area, which was restrict motor vehicle miles traveled and EPA is approving the South Boston redesignated by EPA to attainment for motor vehicle emissions in South Parking Freeze SIP Amendment as a CO on April 1, 1996. Since CO is a Boston will not be relaxed without an revision to the Massachusetts SIP. pollutant of local concern the reduction analysis of the impacts on air quality. Today’s action makes final the action of motor vehicle emissions will assist 15. DATA believes that the parking proposed on October 3, 1994 (59 FR the state in attaining and maintaining freeze is the wrong approach for 50211). the CO ambient air quality standard. In improving air quality. A better way to Under Sections 202, 203, and 205 of fact, the Boston CO redesignation effort improve the air quality is by increasing the Unfunded Mandates Reform Act of and the Boston CO maintenance plan the levels of public transit and 1995 (‘‘Unfunded Mandates Act’’), both assume the implementation of the accessibility, by improving vehicle signed into law on March 22, 1995, EPA current South Boston parking freeze design to reduce emissions, and by must undertake various actions in regulation. The South Boston area is using alternative fuels. association with proposed or final rules also part of the eastern Massachusetts Response: 15. The Commonwealth is that include a Federal mandate that may serious ozone (O3) nonattainment area, actively exploring other measures to result in estimated costs of $100 million where a reduction in vehicle miles attain and maintain air quality or more to the private sector, or to State, traveled will reduce mobile source standards. Their current approach local, or tribal governments in the emissions of volatile organic includes implementing the South aggregate. compounds (VOCs) and oxides of Boston Parking Freeze, maintaining and Through submission of this state nitrogen (NOX), both precursors for the enhancing existing mass transit services, implementation plan revision, the State formation of ozone. Much of the VMT including the South Boston Piers and any affected local or tribal reduction may well be outside of the Transit project, conducting a statewide governments have elected to adopt the parking freeze limits, but ozone is a vehicle inspection and maintenance program provided for under Section 110 regional pollutant which forms over program, encouraging introduction of of the Clean Air Act. These rules may time and often at significant distances electric vehicles into the motor vehicle bind State, local and tribal governments from the original source of the ozone fleet, and encouraging the use of to perform certain actions and also precursors. VMT reductions will alternative fuels including reformulated require the private sector to perform support other efforts within the fuels, methanol, compressed natural gas, certain duties. The rules being approved Northeast Ozone Transport Region to and propane. by this action will impose no new reduce ozone concentrations and 16. The BRA concurred in many of requirements because such sources are episodes. Projected emissions objections to the freeze described above, already subject to these regulations 53632 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations under State law. Accordingly, no procedures published in the Federal Dated: September 10, 1996. additional costs to State, local, or tribal Register on January 19, 1989 (54 FR John P. DeVillars, governments, or to the private sector, 2214–2225), as revised by a July 10, Regional Administrator, Region I. result from this action. EPA has also 1995 memorandum from Mary Nichols, Part 52 of chapter I, title 40 of the determined that this final action does Assistant Administrator for Air and not include a mandate that may result Code of Federal Regulations is amended Radiation. The Office of Management as follows: in estimated costs of $100 million or and Budget (OMB) has exempted this more to State, local, or tribal regulatory action from review under PART 52Ð[AMENDED] governments in the aggregate or to the Executive Order 12866. private sector. 1. The authority citation for part 52 Under 5 U.S.C. 801(a)(1)(A) as added Nothing in this action should be continues to read as follows: construed as permitting or allowing or by the Small Business Regulatory Authority: 42 U.S.C. 7401–7671q. Enforcement Fairness Act of 1996, EPA establishing a precedent for any future submitted a report containing this rule request for revision to any State Subpart WÐMassachusetts and other required information to the implementation plan. Each request for U.S. Senate, the U.S. House of revision to the State implementation 2. Section 52.1120 is amended by Representatives and the Comptroller plan shall be considered separately in adding paragraph (c)(111) to read as General of the General Accounting light of specific technical, economic, follows: Office prior to publication of the rule in and environmental factors and in § 52.1120 Identification of plan. today’s Federal Register. This rule is relation to relevant statutory and * * * * * not a ‘‘major rule’’ as defined by 5 regulatory requirements. U.S.C. 804(2). (c) * * * Under the Regulatory Flexibility Act, Under section 307(b)(1) of the Clean (111) Revisions to the State 5 U.S.C. 600 et seq., EPA must prepare Air Act, petitions for judicial review of Implementation Plan submitted by the a regulatory flexibility analysis this action must be filed in the United Massachusetts Department of assessing the impact of any proposed or States Court of Appeals for the Environmental Protection on July 30, final rule on small entities. 5 U.S.C. 603 appropriate circuit by December 16, 1993. and 604. Alternatively, EPA may certify 1996. Filing a petition for (i) Incorporation by reference. that the rule will not have a significant reconsideration by the Administrator of (A) Letter from the Massachusetts impact on a substantial number of small this final rule does not affect the finality Department of Environmental Protection entities. Small entities include small of this rule for the purposes of judicial dated July 30, 1993 submitting a businesses, small not-for-profit review nor does it extend the time revision to the Massachusetts State enterprises, and government entities within which a petition for judicial Implementation Plan. with jurisdiction over populations of review may be filed, and shall not (B) Massachusetts Air Pollution less than 50,000. postpone the effectiveness of such rule Control Regulation 310 CMR 7.33, SIP approvals under section 110 and or action. This action may not be entitled ‘‘City of Boston/South Boston subchapter I, Part D of the Clean Air Act challenged later in proceedings to Parking Freeze,’’ and the following do not create any new requirements, but amendments to 310 CMR 7.00, entitled enforce its requirements. (See section simply approve requirements that the ‘‘Definitions,’’ which consist of adding 307(b)(2).) State is already imposing. Therefore, or amending four definitions; motor because the federal SIP-approval does List of Subjects in 40 CFR Part 52 vehicle parking space; off-peak parking not impose any new requirements, I spaces; remote parking spaces; and certify that it does not have a significant Environmental protection, Air restricted use parking, effective in the impact on any small entities affected. pollution control, Carbon monoxide, Commonwealth of Massachusetts on Moreover, due to the nature of the Hydrocarbons, Incorporation by April 9, 1993. federal-state relationship under the reference, Intergovernmental relations, For the State of Massachusetts: Clean Air Act, preparation of a Nitrogen dioxide, Ozone, Particulate 3. In § 52.1167 Table 52.1167 is regulatory flexibility analysis would matter, Reporting and recordkeeping amended by adding new entries to constitute federal inquiry into the requirements, Sulfur oxides. existing state citations for 310 CMR 7.00 economic reasonableness of state action. Note: Incorporation by reference of the Definitions; and by adding new state The Clean Air Act forbids EPA to base citations for 310 CMR 7.33 City of its actions concerning SIPs on such State Implementation Plan for the State of Commonwealth of Massachusetts was Boston/South Boston Parking Freeze to grounds. Union Electric Co. v. U.S. read as follows: E.P.A., supra; 42 U.S.C. 7410(a)(2). approved by the Director of the Federal This action has been classified as a Register on July 1, 1982. § 52.1167 EPA-approved Massachusetts Table 3 action for signature by the State regulations. Regional Administrator under the * * * * *

TABLE 52.1167.ÐEPA-APPROVED RULES AND REGULATIONS.

Date sub- State citation Title/subject mitted by Date approved Federal Reg- 52.1120(c) Comments/unapproved sections State by EPA ister citation

310 CMR 7.00 ... Definitions ...... 7/30/93 October 15, [Insert FR cita- 111 Adding or amending the following defini- 1996. tion from tions: motor vehicle parking space; published off-peak parking spaces; remote park- date]. ing spaces; and restricted use park- ing. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53633

TABLE 52.1167.ÐEPA-APPROVED RULES AND REGULATIONS.ÐContinued

Date sub- State citation Title/subject mitted by Date approved Federal Reg- 52.1120(c) Comments/unapproved sections State by EPA ister citation

******* 310 CMR 7.33 ... City of Boston/ 7/30/93 October 15, [Insert FR cita- 111 Applies to the parking of motor vehicles South Boston 1996. tion from within the area of South Boston, in- Parking published cluding Massport property in South Freeze. date]. Boston.

*******

[FR Doc. 96–26201 Filed 10–11–96; 8:45 am] critical comments are received by LPG and/or residual oil, on-site power BILLING CODE 6560±50±P November 14, 1996. If the effective date generation, concrete mixing plants, is delayed, timely notice will be coating operations, printing operations, published in the Federal Register. and fiberglass molding and forming 40 CFR Part 52 ADDRESSES: Written comments on this operations. Permits-by-rule are designed [TN±158±1±9632a; FRL±5619±6] action should be addressed to Scott to create federally enforceable limits on Miller at the Environmental Protection a facility’s PTE in a manner that does Approval and Promulgation of Agency, Region 4 Air Planning Branch, not require a facility-specific evaluation Implementation Plans State: Approval 100 Alabama Street, SW, Atlanta, of emissions and limiting conditions. As of Revisions to the Knox County Georgia 30303. Copies of documents such, permits-by-rule are appropriate for Portion of the State of Tennessee's relative to this action are available for the purpose of limiting PTE when a State Implementation Plan (SIP) public inspection during normal facility has one type of emission source. business hours at the following EPA is approving all source category AGENCY: Environmental Protection locations. The interested persons permits-by-rule submitted for purposes Agency (EPA). wanting to examine these documents of limiting PTE for criteria pollutants. ACTION: Direct final rule. should make an appointment with the EPA is approving under section 112(l) of SUMMARY: EPA is approving revisions to appropriate office at least 24 hours the CAA, Knox County Air Pollution the Knox County portion of the before the visiting day. Reference file Control (KCAPC) regulations Section Tennessee State Implementation Plan TN158–1–9632. The Region 4 office may 25.10.7, Section 25.10.8, and Section (SIP) to allow the Knox County have additional background documents 25.10.10 for purposes of limiting PTE of Department of Air Pollution Control not available at the other locations. HAP from coating operations, printing (Knox County) to utilize permits-by-rule Air and Radiation Docket and operations, and fiberglass molding and for the purpose of limiting potential to Information Center (Air Docket 6102), forming operations. For a description of emit (PTE) criteria pollutants for certain U.S. Environmental Protection Agency, this and other ways to limit PTE for a source categories to less than the title V 401 M Street, SW, Washington, DC facility see the EPA guidance document permitting major source thresholds. EPA 20460. Environmental Protection entitled ‘‘Options for Limiting the is also approving under section 112(l) of Agency, Region 4 Air Planning Branch, Potential to Emit (PTE) of a Stationary the Clean Air Act several source 100 Alabama Street, SW, Atlanta, Source Under Section 112 and Title V categories of the submitted regulations Georgia 30303. Scott Miller, 404/562– of the Clean Air Act (Act)’’ dated for limiting PTE of hazardous air 9120. January 25, 1995, from John Seitz to the pollutants (HAP) to less than title V Tennessee Department of EPA Regional Air Division Directors. permitting major source thresholds. Environment and Conservation, These permits-by-rule were designed These permits-by-rule provide a way for Division of Air Pollution Control, 9th to meet criteria listed in the EPA sources to accept limitations on their Floor, L & C Annex, 401 Church Street, guidance memorandum entitled operations without the added burden of Nashville, Tennessee 37243–1531. ‘‘Guidance for State Rules for Optional obtaining source-specific permits for the Knox County Department of Air Federally Enforceable Emissions Limits following source categories: fuel- Pollution Control, Suite 339, City- Based on Volatile Organic Compound burning equipment burning natural gas/ County Building, 400 West Main Street, Use’’ dated October 15, 1993, from D. liquified petroleum gas (LPG) and/or Knoxville, Tennessee 37902. Kent Barry to the EPA Regional Air distillate oil, fuel burning equipment FOR FURTHER INFORMATION CONTACT: Division Directors, an EPA guidance burning natural gas/LPG and/or residual Scott Miller at 404/562–9120. document entitled ‘‘Approaches to oil, on-site power generation, concrete SUPPLEMENTARY INFORMATION: Creating federally-Enforceable mixing plants, coating operations, Emissions Limits’’ dated November 3, printing operations, and fiberglass I. Background and Purpose 1993, and the January 25, 1995, molding and forming operations. On On May 23, 1995, the Knox County guidance memorandum referenced May 23, 1995, Knox County through the Department of Air Pollution Control above. These guidance documents set Tennessee Department of Environment through the Tennessee Department of out specific guidelines for permit-by- and Conservation submitted a SIP Environment and Conservation rule development regarding revision fulfilling the requirements submitted SIP revisions designed to applicability, compliance determination necessary to utilize exclusionary rules allow Knox County to utilize permits- and certification, monitoring, reporting, to limit PTE of air pollutants in a by-rule for the purpose of limiting PTE record keeping, public involvement, federally enforceable manner. for fuel-burning equipment burning practical enforceability, and the DATES: This final rule is effective natural LPG and/or distillate oil, fuel requirement that a facility cannot rely December 16, 1996 unless adverse or burning equipment burning natural gas/ on emission limits or caps contained in 53634 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations a permit-by-rule to justify violation of compliance with the relevant limit the facility is in compliance with the any rate-based emission limits or other resulting from a permit-by-rule. relevant permit-by-rule. The October 15, applicable requirements. The October 15, 1993, guidance 1993, guidance document requires that A permit-by-rule applies to facilities document recommends that all record keeping be maintained on site which agree to limit their annual submittals that result from permit-by- and available to the permitting authority emissions to less than major source rule be certified for truth, accuracy, and upon demand. The October 15, 1993, thresholds for criteria and/or hazardous completeness. KCAPAC regulation guidance document also requires that a air pollutant (HAP) emissions. A permit- Section 25.10.C.3 requires that each facility be required to retain records for by-rule must also provide that a facility facility which chooses to be covered by a period sufficient to support owner or operator specifically apply for a permit-by-rule must submit annual enforcement efforts. The Knox County coverage under the permit-by-rule. reports and compliance certifications regulations require that copies of all KCAPC regulation Section 25.10.C.5 addressing the applicable requirements, records required to be kept for permit- requires that a facility operating under and terms and conditions of each by-rule purposes be kept on site. The a permit-by-rule must submit a written standard. Therefore, EPA believes that permit-by-rule regulations submitted by statement verifying this status to the the permit-by-rule regulations submitted Knox County require that records be Department. The source categories by Knox County meet requirements kept for a period of five years from the covered by the permit-by-rule outlined in the October 15, 1993, date of last entry. EPA believes that a regulations are fuel-burning equipment guidance document for purposes of five year time period is an adequate burning natural LPG and/or distillate certification with respect to truth, time period for a facility subject to a oil, fuel burning equipment burning completeness, and accuracy. permit-by-rule to maintain records in natural gas/LPG and/or residual oil, on- The October 15, 1993, guidance order to support enforcement efforts. document recommends that reporting site power generation, concrete mixing requirements should vary based on how The November 3, 1993, and the plants, coating operations, printing close the facility emissions are to the January 25, 1995, guidance documents operations, and fiberglass molding and relevant major source threshold. For set out requirements for public forming operations. As such, these facilities that are close to the major involvement in the development and regulations meet the guidelines source threshold, the guidance application of permit-by-rule specified in the October 15, 1993, and recommends that a state or local air regulations. The November 3, 1993, the January 25, 1995, guidance pollution control agency require more guidance document states that if permit- documents that require a permit-by-rule frequent reporting of the variable by-rule regulations are sufficiently to clearly identify the category of affecting emissions (e.g. gasoline reliable and replicable, EPA and the sources that qualify for the rule’s throughput). KCAPC Regulation Section public need not be involved with their coverage. 25.10.C.3 requires all facilities to report application to individual sources, as The October 15, 1993, and the January emissions information or the variable long as the protocols themselves have 25, 1995, guidance documents suggest directly affecting emissions on an been subject to notice and opportunity that facilities be required to show annual basis. While under ideal to comment and have been approved by compliance with the permit-by-rule on circumstances, Knox County would EPA into the SIP. The January 25, 1995, a yearly basis by requiring monthly require more frequent reporting as the guidance document provides that source record keeping of the relevant variable relevant variable affecting emissions category standards approved into the causing emissions and showing approached major source levels for title SIP or under section 112(l) of the Clean compliance using the monthly record of V, EPA believes that coupled with the Air Act, if enforceable as a practical the relevant variable affecting requirement found in KCAPC matter, can be used as federally emissions. The January 25, 1995, Regulation Section 25.10.C.4, which enforceable limits on PTE. Once a guidance document stipulates that requires that any exceedance of any specific source qualifies under the where monitoring cannot be used to applicable limitation be reported by one applicability requirements of the source- determine emissions directly, limits on week after occurrence, Knox County’s category rule, additional public appropriate operating parameters must permit-by-rule regulations meet participation is not required to make the be established for the units or source, requirements outlined in the October limits federally enforceable as a matter and monitoring must verify compliance 15, 1993, guidance document for of legal sufficiency since the rule itself with those limits. In the case of the purposes of reporting the relevant underwent public participation and Knox County regulations, a facility is variable affecting emissions from the EPA review. The Knox County permit- required to keep records of the use of or process. The October 15, 1993, guidance by-rule underwent public participation processing of a product or substance document also requires that a facility at the local level when these rules were that produces the emissions. For report any exceedance of an made locally-effective. EPA has had an instance, KCAPC Regulation Section exclusionary rule within one week after opportunity to review these regulations 25.10.B.8 requires printing operations to its occurrence. The Knox County and is publishing this notice to take keep monthly records of materials regulations satisfy this requirement by a comment on these regulations at the including but not limited to inks, verbatim incorporation of this national level. Later in this Federal thinners, and solvents if they contain requirement in KCAPC Regulation Register document, practical any VOC or HAP. The printing facility Section 25.10.C.4. Therefore, EPA enforceability of Knox County’s permit- must then show compliance with the believes that the Knox County by-rule regulations will be addressed. 20,000 pounds per year limitation regulations meet the requirements set EPA believes that with this Federal during any twelve consecutive month out in the above-listed guidance Register document and other public period. EPA believes that the permit-by- documents for reporting. process received at the local level that rule submitted by Knox County meets The October 15, 1993, and the January the Knox County permit-by-rule guidelines outlined in the October 15, 25, 1995, guidance documents specify regulations satisfy requirements for 1993, and January 25, 1995, guidance that record keeping is required by a public participation outlined in the documents for purposes of detailing facility to show that the facility is November 3, 1993, and the January 25, specific compliance monitoring to show eligible for the permit-by-rule and that 1995, guidance documents. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53635

The January 25, 1995, guidance federally enforceable permit from Knox separately in light of specific technical, document sets out requirements for a County. economic, and environmental factors permit-by-rule to be practically Eligibility for federally enforceable and in relation to relevant statutory and enforceable. These requirements stem permit-by-rule limitations extends not regulatory requirements. only to certifications made after the from past precedence in what the EPA III. Administrative Requirements has required for a permit to be effective date of this rule, but also to considered enforceable as a practical certifications issued under the current A. Executive Order 12866 Knox County rule prior to the effective matter. See 54 FR 27274 (June 28, 1989) This action has been classified as a and a June 13, 1989, EPA policy date of this rulemaking. If Knox County followed its own permit-by-rule Table 3 action for signature by the memorandum entitled ‘‘Limiting Regional Administrator under the Potential to Emit in New Source regulation, it received certifications that established a limiting condition on a procedures published in the Federal Permitting.’’ The criteria include clear Register on January 19, 1989, (54 FR statements as to the applicability, facility’s PTE. EPA will consider all such permit-by-rule certifications which 2214–2225), as revised by a July 10, specificity as to the standard that must were submitted in a manner consistent 1995, memorandum from Mary Nichols, be met, explicit statements of the with the Knox County regulations as Assistant Administrator for Air and compliance time frames (e.g. hourly, federally enforceable upon the effective Radiation. The Office of Management daily, monthly, or 12-month averages, date of this action. and Budget has exempted this action etc.), that the time frame and method of from review under Executive Order compliance employed must be sufficient II. Final Action 12866. to protect the standard involved, record In this action, EPA is approving the B. Regulatory Flexibility Act keeping requirements must be specified, Knox County permit-by-rule regulations and equivalency provisions must meet found at KCAPC Regulations: Section Under the Regulatory Flexibility Act, specific requirements. In general, 25.10 into the Knox County portion of 5 U.S.C. 600, EPA must prepare a practical enforceability means that the the Tennessee SIP. EPA is approving regulatory flexibility analysis assessing provision must specify; (1) a technically KCAPC Regulations Section 25.10.A, the impact of any proposed or final rule accurate limitation and the portions of 25.10.B.7, 25.10.B.8, 25.10.B.10, 25.10.C on small entities. 5 U.S.C. 603 and 604. the source subject to the limitation; (2) for purposes of limiting PTE of HAP Alternatively, EPA may certify that the the time period for the limitation; and under section 112(l) of the CAA. The rule will not have a significant impact (3) the method to determine compliance EPA is publishing this document on a substantial number of small including appropriate monitoring, without prior proposal because the EPA entities. Small entities include small record keeping, and reporting. All of views this as a noncontroversial businesses, small not-for-profit these elements have been discussed amendment and anticipates no adverse enterprises, and government entities prior to this paragraph in this Federal comments. However, in a separate with jurisdiction over populations of Register with the exception of (2) above. document in this Federal Register less than 50,000. The Knox County regulations require publication, EPA is proposing to SIP approvals under section 110 and facilities subject to the permit-by-rule to approve the SIP revision should adverse subchapter I, Part D of the CAA do not keep records on a monthly basis and to or critical comments be filed. This create any new requirements, but determine compliance with a yearly action will be effective December 16, simply approve requirements that the limit on a calendar monthly rolling 1996 unless, by November 14, 1996, State is already imposing. Therefore, average basis. This method for adverse or critical comments are because the Federal SIP-approval does determining compliance with the received. If the EPA receives such not impose any new requirements, I permit-by-rule was addressed comments, this action will be certify that it does not have a significant specifically as one practically withdrawn before the effective date by impact on any small entities affected. enforceable way to show compliance publishing a subsequent document that Moreover, due to the nature of the with a permit limit in the June 13, 1989, will withdraw the final action. All Federal-state relationship under the guidance document entitled ‘‘Limiting public comments received will then be CAA, preparation of a regulatory Potential to Emit in New Source addressed in a subsequent final rule flexibility analysis would constitute Permitting.’’ As such, EPA believes the based on this action serving as a Federal inquiry into the economic Knox County permit-by-rule regulations proposed rule. EPA will not institute a reasonableness of state action. The CAA meet the requirements necessary for a second comment period on this action. forbids EPA to base its actions permit-by-rule to be enforceable as a Any parties interested in commenting concerning SIPs on such grounds. practical matter. on this action should do so at this time. Union Electric Co. v. U.S. E.P.A., 427 If no such comments are received, the U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C. Finally, the October 15, 1993, public is advised that this action will be 7410(a)(2). guidance document stipulates that a effective December 16, 1996. C. Unfunded Mandates Reform Act of facility cannot rely on emission limits or EPA has reviewed this request for 1995 caps contained in a permit-by-rule to revision of the federally-approved SIP justify violation of any rate-based for conformance with the provisions of Under section 202 of the Unfunded emission limits or other applicable the 1990 Amendments enacted on Mandates Reform Act of 1995 requirements. This requirement for title November 15, 1990. EPA has (‘‘Unfunded Mandates Act’’), signed V permitting is fulfilled by inclusion of determined that this action conforms into law on March 22, 1995, EPA must KCAPC Regulation Section 25.10.C.5 with those requirements. prepare a budgetary impact statement to which stipulates that non-compliance Nothing in this action shall be accompany any proposed or final rule with provisions of the permit-by-rule construed as permitting or allowing or that includes a Federal mandate that regulations will be subject to an establishing a precedent for any future may result in estimated costs to State, enforcement action unless the facility request for a revision to any state local, or tribal governments in the has first obtained a formal release implementation plan. Each request for aggregate, or to the private sector, of through a part 70 permit or some other revision to the SIP shall be considered $100 million or more. Under section 53636 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

205, EPA must select the most cost- Dated: August 29, 1996. timely notice will be published in the effective and least burdensome Robert F. McGhee, Federal Register. alternative that achieves the objectives Acting Regional Administrator. ADDRESSES: Comments may be mailed to of the rule and is consistent with Part 52 of chapter I, title 40, Code of Susan Studlien, Deputy Director, Office statutory requirements. Section 203 Federal Regulations, is amended as of Ecosystem Protection, U.S. requires EPA to establish a plan for follows: Environmental Protection Agency, informing and advising any small Region I, JFK Federal Building, Boston, governments that may be significantly PART 52Ð[AMENDED] MA 02203. Copies of the documents or uniquely impacted by the rule. relevant to this action are available for 1. The authority citation for Part 52 public inspection during normal EPA has determined that the final continues to read as follows: business hours, by appointment at the action promulgated today does not Authority: 42.U.S.C. 7401–7671q. Office of Ecosystem Protection, U.S. include a Federal mandate that may Environmental Protection Agency, result in estimated costs of $100 million Subpart RRÐTennessee Region I, One Congress Street, 11th or more to State, local, or tribal 2. Section 52.2220, (c) is amended by floor, Boston, MA; Air and Radiation governments in the aggregate, or to the adding paragraph (c)(140) to read as Docket and Information Center, U.S. private sector. This Federal action follows: Environmental Protection Agency, 401 approves pre-existing requirements M Street, S.W., (LE–131), Washington, under State or local law, and imposes § 52.2220 Identification of plan. D.C. 20460; and the Bureau of Air no new Federal requirements. * * * * * Quality Control, Department of Accordingly, no additional costs to (c) * * * Environmental Protection, 71 Hospital State, local, or tribal governments, or to (140) Permit-by-rule regulations for Street, Augusta, ME 04333. the private sector, result from this Knox County Department of Air FOR FURTHER INFORMATION CONTACT: action. Pollution Control submitted by the Anne E. Arnold, (617) 565–3166. Knox County Department of Air SUPPLEMENTARY INFORMATION: D. Submission to Congress and the On July Pollution Control through the Tennessee 26, 1995, EPA received a formal State General Accounting Office Department of Environment and Implementation Plan submittal from the Under U.S.C. 801(a)(1)(A) as added by Conservation on May 23, 1995 as part of Maine Department of Environmental the Small Business Regulatory Knox County’s portion of the Tennessee Protection (DEP) containing the SIP. Enforcement Fairness Act of 1996, EPA following VOC regulations: (i) Incorporation by reference. submitted a report containing this rule Chapter 100: Definitions Regulation (A) Regulation Section 25.10 of the Chapter 112: Bulk Terminal Petroleum and other required information to the Knox County portion of the Tennessee U.S. Senate, the U.S. House of Liquid Transfer Requirements SIP as adopted by the Knox County Air Chapter 118: Gasoline Dispensing Representatives and the Comptroller Pollution Control Board on April 12, Facilities Vapor Control General of the General Accounting 1995. Office prior to publication of the rule in These regulations had been recently (ii) Other material. None. revised pursuant to the reasonable today’s Federal Register. This rule is [FR Doc. 96–26199 Filed 10–11–96; 8:45 am] further progress (RFP) requirements of not a ‘‘major rule’’ as defined by 5 the Clean Air Act (CAA) [Section U.S.C. 804(2). BILLING CODE 6560±50±P 182(b)(1)]. E. Petitions for Judicial Review 40 CFR Part 52 Background Under section 307(b)(1) of the Clean On November 15, 1990, amendments [ME±001±3567a; A±1±FRL±5620±1] Air Act, petitions for judicial review of to the 1977 Clean Air Act were enacted. this action must be filed in the United Approval and Promulgation of Air Public Law 101–549, 104 Stat. 2399, States Court of Appeals for the Quality Implementation Plans; Maine; codified at 42 U.S.C. 7401–7671q. appropriate circuit by December 16, Stage II Vapor Recovery Section 182(b)(1) of the amended Act 1996. Filing a petition for requires that states with ozone reconsideration by the Administrator of AGENCY: Environmental Protection nonattainment areas classified as this final rule does not affect the finality Agency (EPA). moderate and above develop reasonable of this rule for the purposes of judicial ACTION: Direct final rule. further progress (RFP) plans to reduce review nor does it extend the time VOC emissions by 15 percent within SUMMARY: EPA is approving a State within which a petition for judicial these areas by 1996 when compared to Implementation Plan (SIP) revision 1990 baseline emission levels. The State review may be filed, and shall not submitted by the State of Maine on July postpone the effectiveness of such rule of Maine contains three moderate ozone 24, 1995. This revision includes nonattainment areas 56 FR 56694 (Nov. or action. This action may not be requirements for controlling volatile 6, 1991). EPA, however, determined that challenged later in proceedings to organic compound (VOC) emissions RFP plans were not required in the enforce its requirements. (See section from bulk gasoline terminals and Lewiston-Auburn moderate ozone 307(b)(2).) gasoline dispensing facilities. The nonattainment area and the Knox and List of Subjects in 40 CFR Part 52 intended effect of this action is to Lincoln counties moderate ozone approve these regulations into the nonattainment area (60 FR 29763, (June Environmental protection, Air Maine SIP. This action is being taken in 6, 1995)). Therefore, Maine adopted and pollution control, Carbon monoxide, accordance with the Clean Air Act. submitted to EPA an RFP Plan for the Hydrocarbons, Incorporation by DATES: This action is effective December Portland moderate ozone nonattainment reference, Intergovernmental relations, 16, 1996, unless EPA receives adverse or area only. The revisions to Maine’s Lead, Nitrogen oxides, Ozone, critical comments by November 14, Chapter 112 and Chapter 118 were Particulate matter, Sulfur oxides. 1996. If the effective date is delayed, adopted in order to generate VOC Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53637 emission reductions which are included Evaluation of Maine’s Submittal regulations, 40 CFR Part 51.100(s), 40 in Maine’s RFP Plan for the Portland In determining the approvability of a CFR Part 60 Subpart XX, and the area. VOC rule, EPA must evaluate the rule following EPA guidance document: Also, Section 184(b)(2) of the for consistency with the requirements of ‘‘Control of Hydrocarbons from Tank amended Act requires that states in the the Act and EPA regulations, as found Truck Gasoline Loading Terminals’’ Ozone Transport Region (OTR) adopt in section 110 and part D of the Act and (EPA–450/2–77–026). EPA has also Stage II or comparable measures within 40 CFR part 51 (Requirements for evaluated the Stage II vapor recovery one year of EPA completion of a study Preparation, Adoption, and Submittal of provisions which were added to Maine’s identifying control measures capable of Implementation Plans). EPA’s Chapter 118 regulation and has found achieving emissions reductions interpretation of these requirements, that these provisions are generally comparable to those achievable through which forms the basis for today’s action, consistent with the following EPA Section 182(b)(3) Stage II vapor recovery appears in various EPA policy guidance guidance documents: ‘‘Technical Guidance—Stage II Vapor Recovery controls. On January 13, 1995, EPA documents. The specific guidance relied Systems for Control of Vehicle Refueling completed its study ‘‘Stage II on for this action is referenced within Emissions at Gasoline Dispensing Comparability Study for the Northeast the technical support document and this Facilities’’ (EPA–450/3–91–022); and Ozone Transport Region’’ (EPA–452/R– notice. For the purpose of assisting State ‘‘Enforcement Guidance for Stage II 94–011). Therefore, states in the OTR and local agencies in developing VOC Vehicle Refueling Control Programs’’ must adopt Stage II or comparable rules, EPA prepared a series of Control (October 1991). measures and submit them to EPA as a Techniques Guideline (CTG) There is, however, one provision of SIP revision by January 13, 1996. Maine documents. The CTGs are based on the Chapter 118 which is unique to Maine’s has not yet submitted its Stage II underlying requirements of the Act and Stage II program. This provision is comparability SIP revision to EPA, specify presumptive norms for briefly summarized below. however, the reductions resulting from reasonably available control technology Maine’s revisions to Chapters 112 and (RACT) for specific source categories. Maine’s Market-Based Exemption 118 may be used by the State in meeting EPA has not yet developed CTGs to Section 12 of Maine’s revised Chapter the Stage II comparability requirement. cover all sources of VOC emissions. 118 includes a ‘‘market-based Maine’s regulation revisions are Further interpretations of EPA policy exemption’’ provision which states that briefly summarized below. are found in, but not limited to, the a gasoline dispensing facility may apply following: (1) The proposed Post-1987 for an exemption from the Stage II Summary of Regulation Revisions ozone and carbon monoxide policy, 52 requirements of the regulation if the Chapter 100: Definitions Regulation FR 45044 (November 24, 1987); (2) the facility installs Stage II controls at document entitled, ‘‘Issues Relating to substituting facilities not otherwise The definition of ‘‘volatile organic VOC Regulation Cutpoints, Deficiencies, subject to the rule (i.e., gasoline compound (VOC)’’ was revised. and Deviations, Clarification to dispensing facilities whose gasoline Acetone, parachlorobenzotriflouride, Appendix D of November 24, 1987 throughput is less than the 1,000,000 and volatile methyl siloxanes are now Federal Register Notice,’’ otherwise gallons per year applicability threshold included on the list of compounds that known as the ‘‘Blue Book’’ (notice of of the regulation). The substituting are exempted from the definition of availability was published in the facilities must be located in the Portland VOC because of their negligible Federal Register on May 25, 1988); and ozone nonattainment area and have a photochemical reactivity. (3) the ‘‘Model Volatile Organic total combined throughput which is Chapter 112: Bulk Terminal Petroleum Compound Rules for Reasonably greater than the throughput of the Liquid Transfer Requirements Available Control Technology,’’ (Model facility requesting the exemption. In VOC RACT Rules) issued as a staff addition, ‘‘All substituting facilities The emission limit for bulk gasoline working draft in June of 1992. In participating in the market-based terminals was lowered from 80 mg/l to general, these guidance documents have exemption are subject to all Stage II 35 mg/l. Compliance with the new been set forth to ensure that VOC rules requirements specified in Section 4 lower limit is required by August 31, are fully enforceable and strengthen or (Standards for Stage II vapor recovery 1996. maintain the SIP. systems), Section 7 (Testing for Stage II Also, under Section 182(b)(3) of the vapor recovery systems), Section 8 Chapter 118: Gasoline Dispensing Act, EPA was required to issue guidance (Training and Public Education), Facilities Vapor Control as to the effectiveness of Stage II vapor Section 9 (Recordkeeping and New Stage II vapor recovery recovery systems. In November 1991, Reporting), and Section 10 (Registration requirements for gasoline dispensing EPA issued technical and enforcement of the Stage II vapor recovery systems).’’ facilities were added to this regulation. guidance to meet this requirement. In This ‘‘market-based exemption’’ addition, on April 16, 1992, EPA provision may be viewed as an Gasoline dispensing facilities in the published the ‘‘General Preamble for the economic incentive program in which Portland ozone nonattainment area Implementation of Title I of the Clean participation is limited to gasoline which dispense 1,000,000 gallons of Air Act Amendments of 1990’’ (General dispensing facilities. gasoline or more per year must install Preamble) (57 FR 13498). The guidance In order for EPA to grant approval of Stage II controls by November 15, 1996. documents and the General Preamble a state’s economic incentive program Maine’s revisions will reduce VOC interpret the Stage II statutory certain criteria must be met. These emissions. VOCs contribute to the requirement and indicate what EPA criteria are outlined in EPA’s Economic production of ground level ozone and believes a State submittal needs to Incentive Program (EIP) rule which was smog. These revisions were adopted as include to meet that requirement. promulgated on April 7, 1994 (59 FR part of an effort to achieve the National EPA has evaluated Maine’s revisions 16690) and is codified at 40 CFR Part 51 Ambient Air Quality Standards for to its Chapter 100 and 112 regulations Subpart U. Specifically, the EIP rule ozone. The following is EPA’s and has found that these revisions are requires that trading programs contain evaluation of Maine’s submittal. generally consistent with EPA model specific source requirements, replicable 53638 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations emissions quantification methods, profit enterprises, and government This action has been classified as a audit/reconciliation procedures, and an entities with jurisdiction over Table 3 action for signature by the additional environmental benefit populations of less than 50,000. Regional Administrator under the beyond that which would be achieved SIP approvals under Section 110 and procedures published in the Federal through a traditional regulatory subchapter I, Part D of the CAA do not Register on January 19, 1989 (54 FR program. EPA has evaluated Maine’s create any new requirements, but 2214–2225), as revised by a July 10, Stage II market-based exemption simply approve requirements that the 1995 memorandum from Mary Nichols, provision and has found that this State is already imposing. Therefore, Assistant Administrator for Air and provision, in conjunction with the because the federal SIP-approval does Radiation. The Office of Management state’s Stage II implementation policy not impose any new requirements, I and Budget (OMB) has exempted this (as stated in a letter to EPA dated May certify that it does not have a significant regulatory action from review under 6, 1996), satisfies the criteria outlined in impact on any small entities affected. Executive Order 12866. the EIP rule. Moreover, due to the nature of the Nothing in this action should be A detailed discussion of Maine’s federal-state relationship under the construed as permitting or allowing or Chapter 100, Chapter 112, and Chapter CAA, preparation of a regulatory establishing a precedent for any future 118 revisions and EPA’s evaluation are flexibility analysis would constitute request for revision to any State contained in a memorandum dated June federal inquiry into the economic Implementation Plan. Each request for 19, 1996, entitled ‘‘Technical Support reasonableness of state action. The CAA revision to the State Implementation Document—Maine—Stage II Vapor forbids EPA to base its actions Plan shall be considered separately in Recovery.’’ Copies of that document are concerning SIPs on such grounds. light of specific technical, economic, available, upon request, from the EPA Union Electric Co. v. U.S. E.P.A., 427 and environmental factors and in Regional Office listed in the ADDRESSES U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C. relation to relevant statutory and section of this notice. 7410(a)(2). regulatory requirements. EPA is publishing this action without Under Sections 202, 203, and 205 of Under Section 307(b)(1) of the Clean prior proposal in order to expedite the the Unfunded Mandates Reform Act of Air Act, petitions for judicial review of Agency’s approval and anticipates no 1995 (‘‘Unfunded Mandates Act’’), this action must be filed in the United adverse comments. However, in a signed into law on March 22, 1995, EPA States Court of Appeals for the separate document in this Federal must undertake various actions in appropriate circuit by December 16, Register publication, EPA is proposing association with proposed or final rules 1996. Filing a petition for to approve the SIP revision should that include a Federal mandate that may reconsideration by the Administrator of adverse or critical comments be filed. result in estimated costs of $100 million this final rule does not affect the finality This action will be effective December or more to the private sector, or to State, of this rule for the purposes of judicial 16, 1996 unless adverse or critical local, or tribal governments in the review nor does it extend the time comments are received by November 14, aggregate. within which a petition for judicial 1996. Through submission of this State review may be filed, and shall not If the EPA receives such comments, Implementation Plan revision, the State postpone the effectiveness of such rule this action will be withdrawn before the and any affected local or tribal or action. This action may not be effective date by publishing a governments have elected to adopt the challenged later in proceedings to subsequent notice that will withdraw program provided for under Sections enforce its requirements. (See Section the final action. All public comments 182 and 184 of the Clean Air Act. These 307(b)(2).) Any such petition must be received will then be addressed in a rules may bind State, local and tribal based on objections raised with subsequent final rule based on this governments to perform certain actions reasonable specificity as a public action serving as a proposed rule. The and also require the private sector to comment, unless it was impracticable to EPA will not institute a second perform certain duties. The rules being do so. Section 307(b)(7)(B). Therefore, comment period on this action. Any approved by this action will impose no interested parties should comment in parties interested in commenting on this new requirements; such sources are response to the proposed rule rather action should do so at this time. If no already subject to these regulations than petition for judicial review, unless such comments are received, the public under State law. Accordingly, no the objection arises after the comment is advised that this action will be additional costs to State, local, or tribal period allowed for in the proposal. effective on December 16, 1996. governments, or to the private sector, result from this action. EPA has also List of Subjects in 40 CFR Part 52 Final Action determined that this final action does Environmental protection, Air EPA is approving Maine’s revised not include a mandate that may result pollution control, Hydrocarbons, Chapter 100 ‘‘Definitions Regulation,’’ in estimated costs of $100 million or Incorporation by reference, Ozone. Maine’s revised Chapter 112 ‘‘Bulk more to State, local, or tribal Note: Incorporation by reference of the Terminal Petroleum Liquid Transfer governments in the aggregate or to the State Implementation Plan for the State of Requirements,’’ and Maine’s revised private sector. Maine was approved by the Director of the Chapter 118 ‘‘Gasoline Dispensing Under 5 U.S.C. 801(a)(1)(A) as added Federal Register on July 1, 1982. Facilities Vapor Control.’’ by the Small Business Regulatory Dated: September 23, 1996. Under the Regulatory Flexibility Act, Enforcement Fairness Act of 1996, EPA John P. DeVillars, 5 U.S.C. 600 et seq., EPA must prepare submitted a report containing this rule Regional Administrator, Region I. a regulatory flexibility analysis and other required information to the assessing the impact of any proposed or U.S. Senate, the U.S. House of Part 52 of chapter I, title 40 of the final rule on small entities. 5 U.S.C. Representatives and the Comptroller Code of Federal Regulations is amended §§ 603 and 604. Alternatively, EPA may General of the General Accounting as follows: certify that the rule will not have a Office prior to publication of the rule in PART 52Ð[AMENDED] significant impact on a substantial today’s Federal Register. This rule is number of small entities. Small entities not a ‘‘major rule’’ as defined by 5 1. The authority citation for part 52 include small businesses, small not-for- U.S.C. 804(2). continues to read as follows: Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53639

Authority: 42 U.S.C. 7401–7671q. Regulations, ‘‘Definitions Regulation,’’ 24, 1995 submitting a revision to the definition of ‘‘volatile organic Maine State Implementation Plan. Subpart UÐMaine compounds (VOC)’’ effective in the (B) Chapter 118 of the Maine 2. Section 52.1020 is amended by State of Maine on July 25, 1995. Department of Environmental Protection adding paragraphs (c)(42) and (c)(43) to (C) Chapter 112 of the Maine Regulations, ‘‘Gasoline Dispensing read as follows: Department of Environmental Protection Facilities Vapor Control,’’ effective in Regulations, ‘‘Bulk Terminal Petroleum the State of Maine on July 25, 1995. § 52.1020 Identification of plan. Liquid Transfer Requirements,’’ (ii) Additional materials * * * * * * effective in the State of Maine on July (A) Letter from the Maine Department (c) * * * 25, 1995. of Environmental Protection dated May (42) Revisions to the State (ii) Additional materials 6, 1996. Implementation Plan submitted by the (A) Nonregulatory portions of the (B) Nonregulatory portions of the Maine Department of Environmental submittal. submittal. Protection on July 24, 1995. 3. In § 52.1031, Table 52.1031 is (43) Revisions to the State (i) Incorporation by reference. amended by adding new entries to Implementation Plan submitted by the (A) Two letters from the Maine existing state citations for Chapters 100, Maine Department of Environmental Department of Environmental Protection 112, and 118 to read as follows: dated July 24, 1995 submitting revisions Protection on July 24, 1995. to the Maine State Implementation Plan. (i) Incorporation by reference. § 52.1031 EPAÐApproved Maine (B) Chapter 100 of the Maine (A) Letter from the Maine Department Regulations. Department of Environmental Protection of Environmental Protection dated July * * * * *

TABLE 52.1031ÐEPAÐAPPROVED RULES AND REGULATIONS

Date adopt- Date approved Federal Reg- State citation Title/Subject ed by State by EPA ister citation 52.1020

******* 100 ...... Definitions ...... 7/19/95 October 15, [Insert FR cita- (c)(42) Definition of ``VOC'' revised. 1996. tion from published date]. ******* 112 ...... Gasoline Bulk 7/19/95 October 15, [Insert FR cita- (c)(42) Emission limit lowered from 80 mg/l to Terminals. 1996. tion from 35 mg/l published date]. ******* 118 ...... Gasoline Dis- 7/19/95 October 15, [Insert FR cita- (c)(43) Stage II vapor recovery requirements pensing Fa- 1996. tion from added. cilities. published date].

[FR Doc. 96–26197 Filed 10–11–96; 8:45 am] particulate (TSP) increments, with Region 6, 1445 Ross Avenue, Dallas, BILLING CODE 6560±50±P increments for PM–10 (particulate Texas 75202–2733. Copies of the State’s matter 10 micrometers or less in submittal and other information diameter). The EPA is approving the SIP relevant to this action are available for 40 CFR Parts 52 and 81 revisions because they are consistent inspection during normal hours at the [LA±27±1±7166a, NM±30±1±7299a, FRL± with the corresponding Federal following locations: 5612±7] regulations. The EPA is also removing Environmental Protection Agency, the TSP area designation tables and Region 6, Air Permits Section (6PD– Clean Air Act (Act) Approval and revising and/or adding PM–10 area R), 1445 Ross Avenue, Suite 700, Promulgation of State Implementation designation tables in 40 CFR part 81 for Dallas, Texas 75202–2733 Plans; Prevention of Significant these States. With the PM–10 Air and Radiation Docket and Deterioration (PSD); Louisiana and increments becoming effective in these Information Center, Environmental New Mexico areas, the TSP area designations no Protection Agency, 401 M Street, longer serve any useful purpose relative S.W., Washington, D.C. 20460 AGENCY: Environmental Protection to PSD. Agency (EPA). New Mexico Environment Department, DATES: This action is effective on Air Monitoring and Control Strategy ACTION: Direct final rule. December 16, 1996, unless notice is Bureau, 1190 St. Francis Drive, Room SUMMARY: In this document, EPA is postmarked by November 14, 1996 that So. 2100, Santa Fe, New Mexico approving revisions to the PSD someone wishes to submit adverse or 87503 permitting regulations which were critical comments. If the effective date is Louisiana Department of Environmental submitted as revisions to the State delayed, timely notice will be published Quality, Office of Air Quality, 7290 Implementation Plans (SIP) for in the Federal Register (FR). Bluebonnet Boulevard, Baton Rouge, Louisiana and New Mexico. The ADDRESSEES: Comments should be Louisiana 70810 revisions were submitted to address the mailed to Jole C. Luehrs, Chief, Air Anyone wishing to review this replacement of the total suspended Permits Section (6PD–R), U.S. EPA information at the Region 6 EPA office 53640 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations should contact the person below to an implementation plan submitted by a regarding the PM–10 increments, see the schedule an appointment 24 hours in State under the Act must be adopted by June 3, 1993, FR document. advance. such State after reasonable notice and (1) Louisiana’s Submittal. In order to FOR FURTHER INFORMATION CONTACT: Mr. public hearing. address the PM–10 increments, the State Samuel R. Mitz, Air Permits Section The EPA also must determine of Louisiana revised the following (6PD–R), Environmental Protection whether a submittal is complete and sections of its PSD permitting Agency, Region 6, 1445 Ross Avenue, therefore warrants further EPA review regulations in the Regulation Louisiana Dallas, Texas 75202–2733, telephone and action (see section 110(k)(1) and 57 Administrative Code: 33:III.Chapter 5, (214) 665–8370. FR 13565, April 16, 1992). The EPA’s Section 509. The EPA has reviewed completeness criteria for SIP submittals these revisions and has found that the SUPPLEMENTARY INFORMATION: are set out at 40 CFR part 51, appendix revisions address all of the required Background V. The EPA attempts to make regulatory revisions for PM–10 completeness determinations within 60 increments promulgated by EPA on June In this document, EPA is acting on days of receiving a submission. 3, 1993. revisions to the PSD permitting However, a submittal is deemed (2) New Mexico’s Submittal. In order programs for the States of Louisiana and complete by operation of law under to address the PM–10 increments, the New Mexico. The revisions were section 110(k)(1)(B) if a completeness State of New Mexico revised the generally made to address the following determination is not made by EPA following sections of its PSD permitting changes in the Federal PSD permitting within six months after receipt of the regulations in the 20 New Mexico requirements in 40 CFR 51.166: submission. Administrative Code 2.74. The EPA has A. The replacement of the TSP Public hearings to entertain public reviewed these revisions and has found increments with increments for PM–10, comment of the initial PSD SIP that the revisions address all of the which were promulgated by EPA on revisions were held by Louisiana on required regulatory revisions for PM–10 June 3, 1993 (58 FR 31622–31638); and November 29, 1994, and by New Mexico increments promulgated by EPA on June B. The promulgation of revisions to on April 21, 1995. After these respective 3, 1993. Note that the State elected not the Federal PSD permitting public hearings, the rule revisions were to adopt 40 CFR 51.166(i)(12), which requirements regarding utility pollution adopted by each State. The rule provides an exemption from addressing control projects that States could revisions were formally submitted to the new PM–10 increments for sources voluntarily adopt into their PSD EPA for approval on March 8, 1995, who have submitted a PSD permit regulations, which were promulgated by from Louisiana and June 26, 1995, from application which the State has EPA on July 21, 1992 (57 FR 32314– New Mexico. Each SIP revision was determined to be complete before the 32339). reviewed by EPA to determine PM–10 increments take effect. New Specifically, the following submittals completeness shortly after its submittal, Mexico’s rules do not contain this were made: in accordance with the completeness grandfathering clause, which is The Governor of Louisiana submitted criteria referenced above. The acceptable. revisions to Louisiana Administrative submittals were found to be complete, b. TSP Area Deletions. Section 107(d) Code 33:III. Chapter 5, Section 509 on and letters dated July 20, 1995, were of the 1977 Amendments to the Act March 22, 1995, to incorporate changes forwarded to Louisiana and New authorized each State to submit to the in the Federal PSD permitting Mexico indicating the completeness of Administrator a list identifying those regulations for PM–10 increments. each submittal and the next steps to be areas which, (1) do not meet a national The Governor of New Mexico taken in the processing of each SIP ambient air quality standard (NAAQS) submitted revisions to 20 New Mexico submittal. (nonattainment areas), (2) cannot be Administrative Code 2.74 on June 26, classified on the basis of available 1995, to incorporate changes in the 2. Evaluation of States’ Submittals ambient data (unclassifiable areas), and Federal PSD permitting regulations for a. PM–10 Increment Revisions. As (3) have ambient air quality levels better PM–10 increments. discussed above, EPA promulgated than the NAAQS (attainment areas). In This document evaluates the States’ increments for PM–10 on June 3, 1993 1978, EPA published the original list of submittals for conformity with the (see 58 FR 31622–31638). The EPA all area designations pursuant to section corresponding Federal regulations and promulgated revisions to the Federal 107(d)(2) (commonly referred to as the requirements of the Act. In addition, PSD permitting regulations in 40 CFR ‘‘section 107 areas’’), including those this document provides justification 52.21, as well as the PSD permitting designations for TSP, in 40 CFR part 81. regarding the removal of the TSP requirements that State programs must One of the purposes stated in the Act designation tables in 40 CFR part 81 for meet in order to be approved into the for the section 107 areas is for Louisiana and New Mexico. SIP in 40 CFR 51.166. The EPA or its implementation of the statutory delegated State programs were required requirements for PSD. The PSD This Action to begin implementation of the provisions of part C of the Act generally A. Analysis of State Submissions increments by June 3, 1994, while the apply in all section 107 areas that are implementation date for States with SIP- designated attainment or unclassifiable 1. Procedural Background approved PSD permitting programs (40 CFR 52.21(i)(3)). Under the PSD The Act requires States to observe (including Louisiana and New Mexico) program, the air quality in an attainment certain procedural requirements in will be the date on which EPA approves or unclassifiable area is not allowed to developing implementation plans and each revised State PSD program deteriorate beyond prescribed maximum plan revisions for submission to EPA. containing the PM–10 increments. In allowable increases in pollutant Section 110(a)(2) of the Act provides accordance with 40 CFR 51.166(a)(6)(i), concentrations (i.e., increments). that each implementation plan each State with SIP-approved PSD The EPA revised the primary and submitted by a State must be adopted programs was required to adopt the PM– secondary NAAQS for particulate matter after reasonable notice and public 10 increment requirements within nine on July 1, 1987 (52 FR 24634), hearing. Section 110(l) of the Act months of the effective date (or by eliminating TSP as the indicator for the similarly provides that each revision to March 3, 1995). For further background NAAQS and replacing it with the PM– Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53641

10 indicator. However, EPA did not relaxation of any TSP controls that PM–10 area designation tables in 40 part delete the section 107 areas for TSP would impact the PM–10 NAAQS. 81 as follows: listed in 40 CFR part 81 at that time Since Louisiana also has no PM–10 A. For Louisiana, EPA is deleting the because there were no increments for nonattainment areas designated in the TSP area designation table and is PM–10 promulgated at that time.1 States State, there is no PM–10 designation creating a PM–10 designation table were required to continue implementing table currently in 40 CFR part 81 for listing the ‘‘AQCR 019’’ area, the the TSP increments in order to prevent Louisiana. Therefore, EPA is deleting ‘‘AQCR 022’’ area, and the ‘‘AQCR 106’’ significant deterioration of particulate the TSP area designation table and is area as unclassifiable for PM–10 in 40 matter air quality until the PM–10 creating a PM–10 area designation table CFR 81.319.3 increments replaced the TSP in 40 CFR 81.319. The EPA will retain B. For New Mexico, EPA is deleting increments. With the State adoption and for PM–10 the three section 107 areas all parts of the State’s existing TSP implementation of the PM–10 listed in the current TSP table for designation table in 40 CFR 81.332 increments becoming effective, the TSP Louisiana, consistent with the June 3, except for those parts addressing areas area designations generally serve no 1993, FR document which requires in Bernalillo County. useful purpose relative to the PSD retention of the TSP baseline areas for In these States’ PM–10 area program. Instead, the PM–10 area PM–10 unless revised by the State in designation tables, EPA is clarifying that designations now serve to properly accordance with 40 CFR 51.166. the ‘‘Rest of State’’ areas denote a single identify those areas where air quality is (2) New Mexico’s TSP Areas. New area designation for PSD baseline area better than the NAAQS, i.e., ‘‘PSD Mexico has one area listed in 40 CFR purposes. areas,’’ and to provide the geographic part 81 as nonattainment for the TSP The EPA is publishing this action link necessary for implementation of the standards but which is not designated without prior proposal because EPA PM–10 increments.2 nonattainment for PM–10. Portions of views this as a noncontroversial Thus, in the June 3, 1993, FR the City of Albuquerque were amendment and anticipates no adverse document in which EPA promulgated designated nonattainment for the comments. However, in a separate the PM–10 increments, EPA stated that, primary TSP standard. The City of document in this FR publication, EPA is for States with SIP-approved PSD Albuquerque is located in Bernalillo proposing to approve the SIP revision programs, EPA would delete the TSP County, which is under the jurisdiction should adverse or critical comments be area designations at the same time EPA of the Albuquerque/ Bernalillo County filed. This action will be effective approves the revision to a State’s plan Air Quality Board. Consequently, the December 16, 1996, unless adverse or incorporating the PM–10 increments. TSP designations for areas in Bernalillo critical comments are postmarked by For delegated PSD programs or in States County will be retained until EPA has November 14, 1996. If EPA receives where EPA administers the PSD approved PM–10 increments for such comments, this action will be program, the TSP area designations Bernalillo County. All remaining areas withdrawn before the effective date by were to be deleted after the PM–10 in New Mexico are in attainment status publishing a subsequent document that increments became effective in those for TSP. Consequently, EPA believes it will withdraw the final action. All States (i.e., June 3, 1994). In deleting is appropriate at this time to delete the public comments received will then be any State’s TSP area designations, EPA TSP designations for these areas. If the addressed in a subsequent final rule must ensure that the deletion of those State subsequently revises any of the based on this action serving as a designations will not result in a particulate matter control strategies proposed rule. The EPA will not relaxation of any control measures that currently in the SIP for these areas, it institute a second comment period on ultimately protect the PM–10 NAAQS. must submit a SIP revision to EPA for this action. Any parties interested in (1) Louisiana’s TSP Areas. As stated approval that must meet all applicable commenting on this action should do so above, Louisiana has adopted and requirements of the Act. The EPA will at this time. If no such comments are submitted adequate PSD revisions for retain for PM–10 this section 107 area received on this action, the public is PM–10 increments. In addition, listed in the current TSP table for New advised that this action will be effective Louisiana had no TSP areas designated Mexico, consistent with the June 3, December 16, 1996. as nonattainment. Thus, deletion of the 1993, FR document which requires TSP area designations will not result in retention of the TSP baseline areas for Regulatory Process PM–10 unless revised by the State in Under the Regulatory Flexibility Act, 1 The EPA did not promulgate new PM–10 accordance with 40 CFR 51.166. 5 U.S.C. 600 et seq., EPA must prepare increments simultaneously with the promulgation As stated above, the State has adopted of the PM–10 NAAQS. Under section 166(b) of the a regulatory flexibility analysis adequate provisions in its PSD program assessing the impact of any proposed or Act, EPA is authorized to promulgate new for the implementation of the PM–10 increments ‘‘not more than 2 years after the date of final rule on small entities (5 U.S.C. 603 promulgation of * * * standards.’’ Consequently, increments. Therefore, EPA is deleting and 604). Alternatively, under 5 U.S.C. EPA temporarily retained the TSP increments, as all parts of the State’s existing TSP well as the section 107 areas for TSP. 605(b), EPA may certify that the rule designation table in 40 CFR 81.332 will not have a significant impact on a 2 Note that 40 CFR part 81 does not presently list except for those parts addressing areas all section 107 areas for PM–10. Only those areas substantial number of small entities (see designated ‘‘nonattainment’’ appear in the State in Bernalillo County. 46 FR 8709). Small entities include listings. This is because under the listing published Final Action small businesses, small not-for-profit by EPA in the Federal Register on November 6, 1991, EPA’s primary objective was to identify Based on the review and justification enterprises, and governmental entities nonattainment areas designated as such by provided in this document, EPA is operation of law upon enactment of the 1990 3 At this time, the EPA is designating the PM– Amendments. For States having no PM–10 approving the SIP revisions regarding 10 areas as unclassifiable, rather than attainment, to nonattainment areas designated by operation of law, PSD permitting submitted by the States be consistent with section 107(d)(4)(B) of the Act EPA did not include a new PM–10 listing. of Louisiana and New Mexico on March which stated that any area which was not initially Nevertheless, section 107(d)(4)(B)(iii) mandates that 22, 1995, and June 26, 1995, designated as nonattainment for PM–10 shall be all areas, not designated nonattainment for PM–10 designated unclassifiable. The EPA will consider by operation of law, are designated unclassifiable. respectively. The PM–10 increments apply in any area In addition, EPA is deleting the TSP redesignating these areas to ‘‘attainment’’ status at designated unclassifiable for PM–10. area designation tables and revising the a later date. Both ‘‘unclassifiable’’ and ‘‘attainment’’ areas have the same status for PSD purposes. 53642 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations with jurisdiction over populations of action will impose or lead to the PART 52Ð[AMENDED] less than 50,000. The SIP approvals imposition of any mandate upon the under section 110 and subchapter I, part State, local, or tribal governments, either 1. The authority citation for part 52 D of the Act do not create any new as the owner or operator of a source or continues to read as follows: requirements, but simply approve as a regulator, or would impose or lead Authority: 42 U.S.C. 7401–7671q. requirements that the State is already to the imposition of any mandate upon imposing. Therefore, because the the private sector, EPA’s action will Subpart TÐLouisiana Federal SIP approval does not impose impose no new requirements; such any new requirements, I certify that it sources are already subject to these 2. Section 52.970 is amended by does not have a significant impact on requirements under State law. adding paragraph (c)(69) to read as small entities. Moreover, due to the Accordingly, no additional costs to follows: nature of the Federal-State relationship State, local, or tribal governments, or to § 52.970 Identification of plan. under the Act, preparation of a the private sector, result from this regulatory flexibility analysis would action. Therefore, EPA has determined * * * * * constitute Federal inquiry into the that this final action does not include a (c) * * * economic reasonableness of State mandate that may result in estimated (69) The Governor of Louisiana action. The Act forbids EPA from basing costs of $100 million or more to State, submitted revisions to Regulation its actions concerning SIPs on such local, or tribal governments in the Louisiana Administrative Code on grounds. Union Electric Co. v. U.S. aggregate or to the private sector. March 22, 1995 to incorporate changes E.P.A., 427 U.S. 246, 256–66 (S.Ct. Submission to Congress and the in the Federal PSD permitting 1976); 42 U.S.C. 7410(a)(2). regulations for PM–10 increments. Under section 307(b)(1) of the Act, General Accounting Office petitions for judicial review of this (i) Incorporation by reference. action must be filed in the United States Under 5 U.S.C. 801(a)(1)(A) as added (A) Revisions to Regulation Louisiana Court of Appeals for the appropriate by the Small Business Regulatory Administrative Code 33:III.Chapter 5, circuit by December 16, 1996. Filing a Enforcement Fairness Act of 1996, EPA Section 509, effective February 20, 1995: petition for reconsideration of this final submitted a report containing this rule Section B. Definitions: Baseline Date; rule by the Administrator does not affect and other required information to the Section B. Definitions: Net Emissions the finality of this rule for purposes of U.S. Senate, the U.S. House of Increase; Section D. Ambient Air judicial review; nor does it extend the Representatives and the Comptroller Increments; Section E.8.a.; Section K.2.; time within which a petition for judicial General of the General Accounting and Section P.4. Office prior to publication of the rule in review may be filed, or postpone the * * * * * effectiveness of this rule. This action today’s Federal Register. This rule is may not be challenged later in not a ‘‘major rule’’ as defined by 5 Subpart GGÐNew Mexico proceedings to enforce its requirements U.S.C. 804(2). (see section 307(b)(2)). Office of Management and Budget 3. Section 52.1620 is amended by Nothing in this action shall be (OMB) Review adding paragraph (c)(62) to read as construed as permitting, allowing, or follows: establishing a precedent for any future This action has been classified as a § 52.1620 Identification of plan. request for a revision to any SIP. Each Table 3 action for signature by the request for revision to the SIP shall be Regional Administrator under the * * * * * considered separately in light of specific procedures published in the Federal (c) * * * technical, economic, and environmental Register on January 19, 1989 (54 FR (62) The Governor of New Mexico factors and in relation to relevant 2214–2225), as revised by a July 10, submitted revisions to 20 New Mexico statutory and regulatory requirements. 1995, memorandum from Mary Nichols, Administrative Code 2.74 on June 26, Unfunded Mandates Assistant Administrator for Air and 1995, to incorporate changes in the Radiation. The OMB has exempted this Federal PSD permitting regulations for Under sections 202, 203, and 205 of regulatory action from Executive Order PM–10 increments. the Unfunded Mandates Reform Act of 12866 review. 1995, signed into law on March 22, (i) Incorporation by reference. 1995, EPA must undertake various List of Subjects (A) Revisions to 20 New Mexico actions in association with proposed or Administrative Code 2.74, effective July 40 CFR Part 52 final rules that include a Federal 20, 1995. mandate that may result in estimated Environmental protection, Air PART 81Ð[AMENDED] costs of $100 million or more to the pollution control, Incorporation by private sector, or to State, local, or tribal reference, Particulate matter, Reporting governments in the aggregate. 1. The authority citation for part 81 and recordkeeping requirements, continues to read as follows: Through submission of this SIP or Volatile organic compounds. plan revision approved in this action, Authority: 42 U.S.C. 7401–7671q. the State and any affected local or tribal 40 CFR Part 81 §§ 81.319, 81.332 [Amended] governments have elected to adopt the program provided for under section 110 Air pollution control, National parks, 2. Section 81.319 is amended by of the Act. The rules and commitments Wilderness areas. removing the TSP table. approved in this action may bind State, Dated: August 27, 1996. 3. Section 81.319 is further amended local, and tribal governments to perform Jerry Clifford, by adding a new table for PM–10 to read certain actions and also require the Acting Regional Administrator (6RA–D). as follows: private sector to perform certain duties. To the extent that the rules and 40 CFR Parts 52 and 81 are amended § 81.319 Louisiana. commitments being approved by this as follows: * * * * * Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53643

LOUISIANAÐPM±10

Designation Classification Designated area Date Type Date Type

AQCR 019 ...... 11/15/90 Unclassifiable AQCR 022 ...... 11/15/90 Unclassifiable AQCR 106 ...... 11/15/90 Unclassifiable

4. Section 81.332 is amended by revising the TSP table to read as follows: § 81.332 New Mexico. * * * * *

NEW MEXICOÐTSP

Does not meet Does not meet Designated area primary stand- secondary stand- Cannot be clas- Better than na- ards ards sified tional standards

AQCR 152: Bernalillo County: Portions of City of Albuquerque ...... X ...... Remainder of County ...... X

[FR Doc. 96–26204 Filed 10–11–96; 8:45 am] released October 4, 1996. The full text 47 CFR Part 73 BILLING CODE 6560±50±P of this Commission decision is available for inspection and copying during [MM Docket No. 95±163; RM±8715] normal business hours in the FCC FEDERAL COMMUNICATIONS Reference Center (Room 239), 1919 M Radio Broadcasting Services; Wilson COMMISSION Street, NW., Washington, DC. The Creek, WA and Pendleton, OR complete text of this decision may also 47 CFR Part 73 be purchased from the Commission’s AGENCY: Federal Communications [MM Docket No. 96±75; RM±8781] copy contractors, International Commission. Transcription Service, Inc., (202) 857– ACTION: Final rule. Radio Broadcasting Services; 3800, 2100 M Street, NW., Suite 140, Reynoldsville, PA Washington, DC 20037. SUMMARY: The Commission, at the request of Wilson Creek AGENCY: Federal Communications List of Subjects in 47 CFR Part 73 Commission. Communications, LLC, substitutes ACTION: Final rule. Radio broadcasting. Channel 278C1 for Channel 277C3 at Wilson Creek, Washington, and SUMMARY: The Commission, at the Part 73 of title 47 of the Code of modifies Station KVYF(FM)’s license request of Priority Communications, Federal Regulations is amended as accordingly. To accommodate the Inc., substitutes Channel 293A for follows: substitution, we also substitute Channel Channel 258A at Reynoldsville, 279C1 for Channel 278C1 at Pendleton, Pennsylvania, and modifies Station PART 73Ð[AMENDED] Oregon, and modify Station WDSN(FM)’s license accordingly. See KWHT(FM)’s license accordingly. See 61 FR 18540, April 26, 1996. Channel 1. The authority citation for part 73 60 FR 56034, November 6, 1995. 293A can be can be allotted to continues to read as follows: Channel 278C1 can be allotted at Wilson Reynoldsville in compliance with the Authority: Sections 303, 48 Stat., as Creek in compliance with the Commission’s minimum distance amended, 1082; 47 U.S.C. 154, as amended. Commission’s minimum distance separation requirements without the separation requirements with a site imposition of a site restriction at § 73.202 [Amended] restriction of 1.1 kilometers (0.7 miles) petitioner’s authorized site. The 2. Section 73.202(b), the Table of FM south to avoid a short-spacing to the coordinates for Channel 293A at Allotments under Pennsylvania, is proposed allotment site for Channel 279B, Rock Creek, British Columbia. Reynoldsville are North Latitude 41–08– amended by removing Channel 258A 41 and West Longitude 78–52–41. With The coordinates for Channel 278C1 at and adding Channel 293A at this action, this proceeding is Wilson Creek are North Latitude 47–24– Reynoldsville. terminated. 49 and West Longitude 119–07–15. EFFECTIVE DATE: November 18, 1996. Federal Communications Commission. Additionally, Channel 279C1 can be FOR FURTHER INFORMATION CONTACT: John A. Karousos, allotted to Pendleton, Oregon, in Sharon P. McDonald, Mass Media Chief, Allocations Branch, Policy and Rules compliance with the Commission’s Bureau, (202) 418–2180. Division, Mass Media Bureau. minimum distance separation requirements at Station KWHT(FM)’s SUPPLEMENTARY INFORMATION: This is a [FR Doc. 96–26364 Filed 10–11–96; 8:45 am] presently licensed site. See synopsis of the Commission’s Report BILLING CODE 6712±01±F Supplementary Information, infra. and Order, MM Docket No. 96–75, adopted September 27, 1996, and EFFECTIVE DATE: November 12, 1996. 53644 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT: ACTION: Final rule. Federal Communications Commission. Sharon P. McDonald, Mass Media John A. Karousos, Bureau, (202) 418–2180. SUMMARY: This document allots Channel Chief, Allocations Branch, Policy and Rules SUPPLEMENTARY INFORMATION: This is a 277A to Temecula, California, as that Division, Mass Media Bureau. synopsis of the Commission’s Report community’s second local FM service, [FR Doc. 96–26363 Filed 10–11–96; 8:45 am] and Order, MM Docket No. 95–163 in response to a petition for rule making BILLING CODE 6712±01±F adopted August 30, 1996, and released filed on behalf of BEXT, Inc. See 60 FR September 25, 1996, 1996. The full text 32130, June 20, 1995. Temecula is of this Commission decision is available located within 320 kilometers (199 47 CFR Part 73 for inspection and copying during miles) of the United States-Mexico normal business hours in the FCC border and therefore, concurrence of the [MM Docket No. 96±11; RM±8742] Reference Center (Room 239), 1919 M Mexican government in this proposal Street, NW., Washington, DC. The was obtained. Coordinates used for Television Broadcasting Services; complete text of this decision may also Channel 277A at Temecula are 33–29– Waverly, NY and Altoona, PA be purchased from the Commission’s 37 North Latitude and 117–08–51 West AGENCY: Federal Communications copy contractors, International Longitude. With this action, the Commission. Transcription Service, Inc., (202) 857– proceeding is terminated. 3800, 2100 M Street, NW., Suite 140, ACTION: Final rule. DATES: Washington, DC 20037. Effective November 18, 1996. The coordinates for Channel 279C1 at The window period for filing SUMMARY: The Commission, at the Pendleton are North Latitude 45–47–51 applications will open on November 18, request of WSKG Public and West Longitude 118–22–17. Since 1996, and close on December 19,1996. Telecommunications Council, allots the Wilson Creek is located within 320 FOR FURTHER INFORMATION CONTACT: UHF TV Channel *57– to Waverly, New kilometers (200 miles) of the U.S.- Nancy Joyner, Mass Media Bureau, (202) York, and reserves it for noncommercial Canadian border, concurrence of the 418–2180. Questions related to the educational use, as the community’s Canadian government has been window application filing process for first local television service. In addition, obtained. With this action, this Channel 277A at Temecula, California, the reference coordinates for vacant and proceeding is terminated. should be addressed to the Audio unapplied-for UHF TV Channel *57+ at Altoona, Pennsylvania, are modified. List of Subjects in 47 CFR Part 73 Services Division, Mass Media Bureau, (202) 418–2700. See 61 FR 6336, February 20, 1996. Radio broadcasting. Channel *57– can be allotted to Waverly SUPPLEMENTARY INFORMATION: This is a in compliance with the Commission’s Part 73 of title 47 of the Code of synopsis of the Commission’s Report minimum distance separation Federal Regulations is amended as and Order, MM Docket No. 95–81, requirements with a site restriction of follows: adopted September 27, 1996, and 5.1 kilometers (3.1 miles) north to avoid PART 73Ð[AMENDED] released October 4, 1996. The full text a short-spacing to Station WGBY-TV, of this Commission decision is available Channel 57+, Springfield, MA, Station 1. The authority citation for Part 73 for inspection and copying during WNYS-TV, Channel 43+, Syracuse, NY, continues to read as follows: normal business hours in the FCC’s and Station CITY-TV, Channel 57, Authority: Sections 303, 48 Stat., as Reference Center (Room 239), 1919 M Toronto, Ontario, Canada, at coordinates amended, 1082; 47 U.S.C. 154, as amended. Street, NW., Washington, DC. The 42–03–20 North Latitude and 76–32–05 complete text of this decision may also West Longitude. The reference Section 73.202 [Amended] be purchased from the Commission’s coordinates for Channel *57+ at Altoona 2. Section 73.202(b), the Table of FM copy contractors, International are changed to 40–24–01; 78–32–42, to Allotments under Washington, is Transcription Service, Inc., (202) 857– reflect a transmitter site 18 kilometers amended by removing Channel 277C3 3800, located at 1919 M Street, NW., (11.2 miles) southwest. Canadian and adding Channel 278C1 at Wilson Room 246, or 2100 M Street, NW., Suite concurrence in the allotment at Waverly Creek. 140, Washington, DC 20037. and reference coordinate change at 3. Section 73.202(b), the Table of FM Altoona has been obtained since both List of Subjects in 47 CFR Part 73 Allotments under Oregon, is amended communities are located within 400 by removing Channel 278C1 and adding Radio broadcasting. kilometers (250 miles) of the U.S.- Channel 279C1 at Pendleton. Canadian border. The allotment at Federal Communications Commission. Part 73 of title 47 of the Code of Waverly is not affected by the temporary Federal Regulations is amended as John A. Karousos, freeze imposed by the Commission on follows: new television allotments in certain Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. metropolitan areas but Altoona lies PART 73Ð[AMENDED] within the freeze zone of Pittsburgh, PA. [FR Doc. 96–26361 Filed 10–11–96; 8:45 am] Therefore, the freeze on applications BILLING CODE 6712±01±F 1. The authority citation for part 73 with respect to Channel *57+ at Altoona continues to read as follows: will continue in effect. With this action, 47 CFR Part 73 Authority: Secs. 303, 48 Stat., as amended, this proceeding is terminated. 1082; 47 U.S.C. 154, as amended. DATES: Effective November 12, 1996. [MM Docket No. 95±81; RM±8649] The period for filing applications will § 73.202 [Amended] Radio Broadcasting Services; open on November 12, 1996. If no Temecula, CA 2. Section 73.202(b), the Table of FM acceptable applications are filed by Allotments under California, is December 13, 1996, there will be no AGENCY: Federal Communications amended by adding Channel 277A at additional opportunity to file Commission. Temecula. applications for this channel allotment. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53645

FOR FURTHER INFORMATION CONTACT: to update organizational references Notice of Proposed Rulemaking and, as Leslie K. Shapiro, Mass Media Bureau, throughout the AGAR, and to streamline discussed below, is modifying a few (202) 418–2180. the AGAR as part of the President’s portions of the rule as proposed in SUPPLEMENTARY INFORMATION: This is a Regulatory Reform Initiative. adopting it as final. The discussion synopsis of the Commission’s Report EFFECTIVE DATE: This regulation is below is focused on the major areas of and Order, MM Docket No. 96–11, effective November 14, 1996. comment regarding the proposed rule adopted September 20, 1996, and FOR FURTHER INFORMATION CONTACT: changes. released September 27, 1996. The full Joseph J. Daragan, (202) 720–5729. One USDA agency commented that it was unclear why the public would need text of this Commission decision is SUPPLEMENTARY INFORMATION: more than the FAR to understand USDA available for inspection and copying I. Background during normal business hours in the acquisition policy and procedures. We II. Analysis of comments believe that an agency supplement to FCC Reference Center (Room 239), 1919 III. Procedural Requirements M Street, NW., Washington, DC. The A. Executive Order Nos. 12866 and 12988. the FAR provides an accessible source complete text of this decision may also B. Regulatory Flexibility Act. of information about agency acquisition be purchased from the Commission’s C. Paperwork Reduction Act. policies which may have an effect on copy contractor, International D. Small Business Regulatory Enforcement businesses dealing with USDA. An Transcription Service, Inc., (202) 857– Fairness Act. agency supplement may also inform the public in general terms about which 3800, 2100 M Street, NW., Suite 140, I. Background official or level of authority may control Washington, DC 20037. The AGAR implements the Federal acquisition decisions within the agency. List of Subjects in 47 CFR Part 73 Acquisition Regulation (FAR) (48 CFR Furthermore, FAR subpart 1.3 requires Ch. 1) where further implementation is Television broadcasting. that agency acquisition regulations be needed, and supplements the FAR when published in the Federal Register when Part 73 of title 47 of the Code of coverage is needed for subject matter they have a significant effect beyond the Federal Regulations is amended as not covered by the FAR. The AGAR is internal operating procedures of the follows: being revised as part of the National agency or have a significant cost or Performance Review (NPR) program to administrative impact on contractors or PART 73Ð[AMENDED] eliminate unnecessary regulations and offerors. The FAR also may require that 1. The authority citation for part 73 improve those that remain in force. FAR policies be implemented in As an initial step in the NPR continues to read as follows: accordance with agency regulations (see regulatory review initiative, the FAR 3.301), or may provide that Authority: Secs. 303, 48 Stat., as amended, Department of Agriculture (USDA) agencies may deviate from FAR 1082; 47 U.S.C. 154, as amended. identified parts of the AGAR which procedures if specified in agency § 73.606 [Amended] required updating or streamlining. acquisition regulations (see FAR USDA’s review indicated that almost all 2. Section 73.606(b), the Table of 5.303(a)). USDA maintains the AGAR to parts required revision. Accordingly, Television Allotments under New York, provide implementing and USDA has reviewed and made revisions is amended by adding Waverly, Channel supplementing regulations in to substantially all parts of the AGAR. *57–. accordance with these provisions of the In an Advance Notice of Proposed FAR. Federal Communications Commission. Rulemaking (61 FR 7456, February 28, One USDA agency commented that John A. Karousos, 1996), USDA sought comments and the AGAR, whenever possible, designate Chief, Allocations Branch, Policy and Rules suggestions from the public concerning the contracting officer as the official Division, Mass Media Bureau. what changes should be made to the responsible for making acquisition [FR Doc. 96–26362 Filed 10–11–96; 8:45 am] AGAR. In a Notice of Proposed determinations and carrying out BILLING CODE 6712±01±F Rulemaking (61 FR 37032, July 16, responsibilities outlined in the FAR and 1996), USDA announced that the the AGAR. Where this is not possible, proposed revision of the AGAR was the agency commented that the head of DEPARTMENT OF AGRICULTURE available for public review and the contracting activity (HCA) should be comment during a 60 day comment designated as the responsible official Procurement and Property period. The proposed rule was made with authority to redelegate to any level. Management available in hard copy, as an electronic We do not disagree that authority to file, and as a file on the Internet. The conduct acquisitions and to manage 48 CFR Parts 401 through 453 Department of Agriculture received contracts should be delegated to the comments on the proposed rule from 4 lowest appropriate level. We have RIN 0599±AA00 Departmental agencies. No comments sought to do this throughout the AGAR Agriculture Acquisition Regulation; were received from individuals, private to the extent permitted by the FAR. In Revision business concerns (large or small), state some cases, we have sought to delegate or local governments, or other Federal authority to an intermediate level AGENCY: Procurement and Property agencies. In this rulemaking document, between the contracting officer and the Management, Agriculture. the Department of Agriculture is HCA, such as the chief of the ACTION: Final rule. finalizing the proposed revision to the contracting office. ‘‘Chief of the AGAR, with changes made to reflect contracting office’’ is a term used in the SUMMARY: The Department of certain comments received as well as FAR and in the current AGAR, and may Agriculture is publishing a revised recent amendments to the FAR. be applied by contracting activities to a Agriculture Acquisition Regulation level of authority consistent with their (AGAR) as a final rule. We are revising II. Analysis of Comments organizational structure. Accordingly, the AGAR to reflect changes in As noted, the Department of while we have corrected some acquisition law and regulations since Agriculture has carefully considered the references to authority levels which the AGAR’s last major revision in 1988, comments submitted in response to the were inconsistent or confusing, we 53646 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations otherwise have not adopted this nonavailability determinations, have imposed on the public by this final rule. comment. been removed because they duplicate Accordingly no OMB clearance is Two agencies commented concerning material in the FAR. required by section 350(h) of the proposed AGAR 419.201–71(d), which (i) AGAR 425.7, Restrictions on Paperwork Reduction Act, 44 U.S.C. requires small business coordinators Certain Foreign Purchases, has been 3501, et. seq., or OMB’s implementing (OSDBU coordinators) to ensure that removed to reflect an amendment to the regulation at 5 CFR Part 1320. purchases ‘‘under the simplified FAR. D. Small Business Regulatory acquisition threshold’’ are reserved for (j) AGAR 436.203 has been amended Enforcement Fairness Act small business concerns. Both agencies to clarify when construction cost noted that this paragraph is inconsistent estimates may be disclosed by the This final rule has been submitted to with the FAR, which establishes a small contracting officer. each House of Congress and the business reserve for purchases between (k) AGAR 449.111 has been amended Comptroller General in accordance with the $2,500 micropurchase threshold and to allow contracting activities to the Small Business Regulatory the simplified acquisition threshold. We establish procedures for review of Enforcement Fairness Act of 1996, 5 have corrected AGAR 419.201–71(d) to termination settlements U.S.C. 801, et seq. conform to the FAR. One agency commented that AGAR III. Procedural Requirements List of Subjects in 48 CFR Parts 401 433.103, Protests to the Agency, did not A. Executive Order Nos. 12866 and Through 453 imply that protests should be filed with 12988 the HCA, and recommended that Government contracts, Government protests be filed with the contracting A work plan was prepared for this procurement. regulation and submitted to the Office of officer. AGAR 433.103 establishes For the reasons set out in the USDA’s procedure for agency protests. It Management and Budget pursuant to Executive Order No. 12866. The preamble, 48 CFR chapter 4 (parts 401 designates the HCA as an alternate through 453) is revised as set forth forum for resolution of agency protests. proposed rule has been determined to be not significant for the purposes of below: Contractors may file protests either with W.R. Ashworth, the contracting officer or the HCA. Executive Order No. 12866. Therefore, the proposed rule has not been reviewed Director, Procurement and Property Accordingly, we have not adopted this Management. comment. However, the comment did by the Office of Management and suggest one potential ambiguity in this Budget. This rule has been reviewed in Agriculture Acquisition Regulation section. To clarify the protest procedure, accordance with Executive Order No. 12988. SUBCHAPTER A—GENERAL we have added a requirement that the Part 401—Agriculture Acquisition Regulation protester provide a copy of the protest B. Review Under the Regulatory System to the contracting officer if the protest Flexibility Act Part 402—Definitions of Words and Terms is filed with the HCA. The proposed rule was reviewed Part 403—Improper Business Practices and The following additional changes Personal Conflicts of Interest under the Regulatory Flexibility Act, 5 have been made to the rule. These Part 404—Administrative Matters U.S.C. 601–611, which requires changes were made either to incorporate preparation of a regulatory flexibility SUBCHAPTER B—COMPETITION AND agency suggestions or to reflect changes ACQUISITION PLANNING analysis for any rule which is likely to in the FAR.: Part 405—Publicizing Contract Actions (a) AGAR 401.602–3(b) is amended to have significant economic impact on a substantial number of small entities. Part 406—Competition Requirements delegate ratification authority to the Part 407—Acquisition Planning Chief of the Contracting Office. The AGAR is issued to implement or Part 408—Required Sources of Supplies and (b) AGAR 403.408, Evaluation of the supplement the FAR, and does not Services SF 119, has been removed to reflect an materially add to the impact of the FAR Part 409—Contractor Qualifications amendment to the FAR. regulations it implements or Part 410—[Reserved] (c) AGAR subpart 406.5 has been supplements. USDA certifies that this Part 411—Describing Agency Needs amended to designate the Chief, proposed rule will not have a significant Part 412—Acquisition of Commercial Items Procurement Policy Division, economic effect on a substantial number SUBCHAPTER C—CONTRACTING Procurement and Property Management, of small entities, and, therefore, no METHODS AND CONTRACT TYPES as Departmental Competition Advocate. regulatory flexibility analysis has been Part 413—Simplified Acquisition Procedures (d) AGAR part 413 has been revised prepared. However, comments from Part 414—Sealed Bidding to reflect an amendment to the FAR. small entities concerning the impact of Part 415—Contracting by Negotiation (e) AGAR 416.404–2 has been the proposed rule were solicited in the Part 416—Types of Contracts amended to provide that the head of the Notice of Proposed Rulemaking which Part 417—Special Contracting Methods contracting activity may designate a fee announced the availability of the Part 418—[Reserved] determination official for award fee proposed rule for comment (61 FR SUBCHAPTER D—SOCIOECONOMIC contracts. 37032, July 16, 1996). No comments PROGRAMS (f) AGAR 416.505 has been added to from small entities were received. Part 419—Small Business Programs designate the Chief, Procurement Policy Part 420—[Reserved] C. Paperwork Reduction Act Division, Procurement and Property Part 421—[Reserved] Management, as Departmental Delivery/ Information collection and Part 422—Application of Labor Laws to Task Order Ombudsman. recordkeeping required by the AGAR Government Acquisitions (g) AGAR subpart 422.70, Compliance have been approved by the OMB. OMB Part 423—Environment, Conservation, Occupational Safety, and Drug-Free with the Immigration and Nationality control numbers 0505–0010, 0505–0011, Workplace Act, has been removed because the issue 0505–0013, 0505–0014, 0505–0015, and Part 424—Protection of Privacy and Freedom is now addressed in FAR subpart 9.4. 0505–0016 apply to the AGAR. No of Information (h) AGAR 425.102(b) and 425.202(b), additional information collection or Part 425—Foreign Acquisition concerning Buy American Act recordkeeping requirements are Part 426—[Reserved] Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53647

SUBCHAPTER E—GENERAL Subpart 401.4ÐDeviations From the FAR been assigned to USDA by the Office of CONTRACTING REQUIREMENTS and AGAR the Federal Register. Part 427—Patents, Data, and Copyrights 401.402 Policy. (b) The AGAR and its subsequent Part 428—Bonds and Insurance 401.403 Individual deviations. changes are published in: Part 429—[Reserved] 401.404 Class deviations. (1) Daily issues of the Federal Part 430—Cost Accounting Standards Subpart 401.6ÐContracting Authority and Administration Responsibilities Register, Part 431—Contract Cost Principles and (2) Cumulative form in the CFR, and Procedures 401.601 General. Part 432—Contract Financing 401.602 Contracting officers. (3) Loose-leaf form for distribution Part 433—Protests, Disputes and Appeals 401.602–3 Ratification of unauthorized within USDA. commitments. SUBCHAPTER F—SPECIAL CATEGORIES 401.603 Selection, appointment, and (c) Section 553(a)(2) of the OF CONTRACTING termination of appointment. Administrative Procedure Act, 5 U.S.C. Part 434—Major System Acquisition 401.603–1 General. 553, provides an exception from the Part 435—Research and Development Authority: 5 U.S.C. 301 and 40 U.S.C. standard public rulemaking procedures Contracting 486(c). to the extent that the rule involves a Part 436—Construction and Architect- matter relating to agency management or Engineer Contracts 401.000 Scope of part. personnel or to public property, loans, Part 437—Service Contracting This part presents basic policies and grants, benefits, or contracts. OFPP Part 438—[Reserved] general information about the Policy Letter 83–2 requires rulemaking Part 439—[Reserved] Department of Agriculture’s (USDA) for substantive acquisition rules but Part 440—[Reserved] Acquisition Regulation, subsequently Part 441—Acquisition of Utility Services allows discretion in the matter for other referred to as the AGAR. The AGAR is than significant issues meeting the SUBCHAPTER G—CONTRACT an integral part of the Federal stated criteria. The AGAR has been MANAGEMENT Acquisition Regulations System. promulgated and may be revised from Part 442—Contract Administration time to time in accordance with the Part 443—[Reserved] Subpart 401.1ÐPurpose, Authority, rulemaking procedures of the Part 444—[Reserved] Issuance Administrative Procedure Act and OFPP Part 445—Government Property Part 446—Quality Assurance 401.101 Purpose. Policy Letter 83–2. Part 447—Transportation (a) The AGAR provides for the 401.105±2 Arrangement of regulations. Part 448—[Reserved] codification and publication of uniform Part 449—Termination of Contracts policies and procedures for acquisitions AGAR coverage parallels the FAR in Part 450—Extraordinary Contractual Actions by contracting activities within USDA. format, arrangement, and numbering Part 451—[Reserved] (b) The purpose of the AGAR is to system. However, subdivisions below SUBCHAPTER H—CLAUSES AND FORMS implement the Federal Acquisition the section and subsection levels may Part 452—Solicitation Provisions and Regulation (FAR), where further not always correlate directly to FAR Contract Clauses implementation is needed, and to designated paragraphs and Part 453—Forms supplement the FAR when coverage is subparagraphs. SUBCHAPTER AÐGENERAL needed for subject matter not covered in 401.105±3 Copies. the FAR. The AGAR is not by itself a PART 401ÐAGRICULTURE complete document, as it must be used Copies of the AGAR published in CFR ACQUISITION REGULATION SYSTEM in conjunction with the FAR. form may be purchased from the Superintendent of Documents, Sec. 401.103 Authority. Government Printing Office, 401.000 Scope of part. The AGAR and amendments thereto Washington, D.C. 20402. Requests Subpart 401.1ÐPurpose, Authority, are issued under 5 U.S.C. 301 and 40 should reference Chapter 4 of Title 48 Issuance U.S.C. 486(c). The Senior Procurement CFR. 401.101 Purpose. Executive (SPE) has the delegated 401.106 OMB approval under the 401.103 Authority. authority to promulgate Departmental Paperwork Reduction Act. 401.104 Applicability. acquisition regulations. 401.105 Issuance. 401.104 Applicability. The following OMB control numbers 401.105–1 Publication and code apply to USDA solicitations and arrangement. The FAR and AGAR apply to all specified information collections within 401.105–2 Arrangement of regulations. USDA acquisitions of supplies and the AGAR: 401.105–3 Copies. services (including construction) which 401.106 OMB approval under the obligate appropriated funds, unless Paperwork Reduction Act. OMB Con- otherwise specified in this chapter or AGAR segment trol No. Subpart 401.2ÐAdministration excepted by law. 411.170 ...... 0505±0014 401.201 Maintenance of the FAR. 401.105 Issuance. 401.201–1 The two councils. 415.4 ...... 0505±0013 401.105±1 Publication and code 436.575 ...... 0505±0011 Subpart 401.3ÐAgency Acquisition arrangement. 437.110 ...... 0505±0015 Regulations 437.270 ...... 0505±0016 (a) The AGAR is codified in the Code 401.301 Policy. 452.211±1 ...... 0505±0014 of Federal Regulations (CFR) as Chapter 401.304 Agency control and compliance 452.215±71 ...... 0505±0013 procedures. 4 of Title 48, Federal Acquisition 452.236±75 ...... 0505±0011 401.370 Exclusions. Regulations System, to implement and 452.237±74 ...... 0505±0015 401.371 AGAR Advisories. supplement Chapter 1 which constitutes 452.237±76 ...... 0505±0016 401.372 Departmental directives. the FAR. Parts 400 through 499 have 53648 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

Subpart 401.2ÐAdministration 401.304 Agency control and compliance 401.372 Departmental directives. procedures. Subject to the policies of FAR 1.3, 401.201 Maintenance of the FAR. (a) The AGAR System is under the USDA from time to time may issue 401.201±1 The two councils. direct oversight and control of the SPE, internal directives to establish (a) USDA’s representative on the who is responsible for review and procedures, standards, guidance, or Civilian Agency Acquisition Council is issuance of all Department-wide methods of performing duties, designated by the SPE. acquisition regulations published in the functions, or operations. Such directives (b) The Procurement Policy Division Federal Register to assure compliance include Departmental Regulations will coordinate proposed FAR revisions with FAR part 1. (DR’s), Departmental Notices, and with interested contracting activities. (b) The SPE is also responsible for Secretary’s Memoranda. review and issuance of unpublished, Subpart 401.3ÐAgency Acquisition Department-wide internal guidance Subpart 401.4ÐDeviations from the Regulations under the AGAR System. FAR and AGAR 401.301 Policy. (c) HCA’s are responsible for 401.402 Policy. establishment and implementation of (a) The SPE, subject to the authorities Requests for authority to deviate from formal procedures for oversight and in 401.103 and FAR 1.301, may issue the provisions of the FAR or the AGAR control of unpublished internal and publish Departmental regulations, shall be submitted in writing as far in guidance issued within the contracting that together with the FAR, constitute advance as the exigencies of the activity to implement FAR or AGAR Department-wide policies, procedures, situation will permit. Each request for requirements. These procedures shall be solicitation provisions, and contract deviation shall contain the following: subject to the review and approval by clauses governing the contracting (a) A statement of the deviation the SPE. process or otherwise controlling the desired, including identification of the relationship between USDA (including (d) The SPE is responsible for specific paragraph number(s) of the FAR any of its contracting activities) and evaluating coverage under the AGAR and AGAR; System to determine applicability to contractors or prospective contractors. (b) The reason why the deviation is other agencies and for recommending (b) Each designated head of a considered necessary or would be in the coverage to the FAR Secretariat for contracting activity (HCA) is authorized best interest of the Government; to issue or authorize the issuance of, at inclusion in the FAR. (c) If applicable, the name of the any organizational level, internal (e) Recommendations for revision of contractor and identification of the guidance which does not have a existing FAR coverage or new FAR contract affected; significant effect beyond the internal coverage shall be submitted by the HCA (d) A statement as to whether the operating procedures of the activity, or to the SPE for further action. a significant cost or administrative deviation has been requested previously impact on offerors or contractors. 401.370 Exclusions. and, if so, circumstances of the previous Internal guidance issued by contracting Subject to the policies of FAR subpart request; activities will not be published in the 1.3, certain USDA acquisition policies (e) A description of the intended Federal Register. HCA’s shall ensure and procedures may be excluded from effect of the deviation; that the guidance, procedures, or the AGAR under appropriately justified (f) A statement of the period of time instructions issued— circumstances, such as: for which the deviation is needed; and (1) Are consistent with the policies (a) Subject matter which is effective (g) Any pertinent background and procedures contained in this for a period less than 12 months. information which will contribute to a chapter; full understanding of the desired (b) Subject matter which is instituted (2) Follow the format, arrangement, deviation. and numbering system of this chapter to on an experimental basis for a the extent practicable; reasonable period. 401.403 Individual deviations. (3) Contain no material which (c) Acquisition procedures instituted In individual cases, deviations from duplicates, paraphrases, or is on an interim basis to comply with the either the FAR or the AGAR will be inconsistent with this chapter; and requirements of statute, regulation, authorized only when essential to effect (4) Are numbered and identified by Executive Order, OMB Circular, or a necessary acquisition or where special use of alphabetical suffixes to the OFPP Policy Letter. circumstances make such deviations chapter number as follows: 401.371 AGAR Advisories. clearly in the best interest of the 4A [Reserved]. Government. Except for cost principles, 4B Agricultural Research Service. The SPE may issue AGAR Advisories, HCA’s may approve individual 4C Farm Service Agency. consistent with the policies of the FAR deviations from the AGAR, after 4D Rural Development (mission area). and the AGAR, for the following coordinating with the General Counsel 4E Food Safety and Inspection Service. purposes: and the SPE. No deviations from the 4F [Reserved]. (a) To communicate Department-wide FAR or AGAR may be authorized at the 4G Forest Service. policy and/or procedural guidance to 4H [Reserved]. contracting office level. A copy of each 4I Natural Resources Conservation Service. contracting activities; deviation and its supporting 4J [Reserved]. (b) To delegate to procurement documentation shall be provided to the 4K Food and Consumer Service. officials authority to make SPE. Deviations from the FAR shall not 4L Animal and Plant Health Inspection determinations or to take action to be made unless such action is Service. implement the policies of the FAR or authorized by the SPE after consultation 4M [Reserved]. the AGAR; and, with the Office of the General Counsel 4N Office of Operations. 4O [Reserved]. (c) To establish internal policy and and any other appropriate office, on the 4P [Reserved]. procedures on an interim basis, prior to basis of a written justification stating 4R Office of Inspector General. incorporation in the AGAR or in a clearly the special circumstances 4S [Reserved]. Departmental Directive. involved. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53649

401.404 Class deviations. procedures of the FAR. Such contracting office, and the unauthorized Where deviations from the FAR or delegations shall be in writing, but need contractor with an explanation of the AGAR are considered necessary for not be published. decision not to ratify. classes of contracts, requests for (d) Unless prohibited by the FAR, the (ii) If ratification appears adequately authority to deviate shall be submitted AGAR, or by other applicable statutes or justified, ratify the action and retain or in writing to the SPE for approval. The regulations, each HCA may designate assign the contract to a successor SPE may authorize class deviations from one individual from the contracting contracting officer if necessary. the FAR without consulting the activity to carry out the functions of the (iii) Maintain related approval, Chairperson of the Civilian Agency HCA (HCAD). The HCAD may exercise decisional, and background documents Acquisition Council where urgency all authority delegated to the HCA. in the contract file for audit purposes. (iv) Notify the cognizant program precludes consultation. The SPE shall 401.602 Contracting officers. subsequently inform the Chairperson of supervisor or line officer about the final the Civilian Agency Acquisition Council 401.602±3 Ratification of unauthorized disposition of the case; the notification of the deviation including the commitments. may include a recommendation that the circumstances under which it was (a) Definitions. ‘‘Ratification,’’ as used unauthorized commitment should be required. in this section, means the signed, further considered a violation of documented action taken by an USDA’s employee conduct regulations. Subpart 401.6ÐContracting Authority authorized official to approve and and Responsibilities 401.603 Selection, appointment, and sanction a previously unauthorized termination of appointment. commitment. 401.601 General. ‘‘Unauthorized commitment,’’ as used 401.603±1 General. (a) The authority and responsibility in this section, means an agreement An HCA may delegate contracting vested in the Secretary to manage made by a Government representative authority to the extent authorized by the USDA’s acquisition function is who lacked the authority to enter into SPE in a general delegation of delegated through the Assistant a contract on behalf of the Government. acquisition authority, by appointing Secretary for Administration to the SPE. (b) Policy. The HCA may delegate qualified individuals as contracting This broad authority includes, but is not ratification authority to the chief of the officers, in accordance with the USDA limited to, the following contracting office. Contracting Officer Warrant System, responsibilities: (c) Procedure. Whenever an official of Departmental Regulation 5001–1. (1) Prescribing and publishing the cognizant contracting activity who is Departmental acquisition policies, authorized to ratify unauthorized PART 402ÐDEFINITIONS OF WORDS regulations, and procedures. commitments learns that a person or AND TERMS (2) Taking any necessary actions firm has assumed work as a result of an consistent with policies, regulations, unauthorized commitment, that official Sec. and procedures with respect to shall take the following actions: 402.000 Scope of part. purchases, contracts, leases, and other (1) Immediately inform any person Subpart 402.1ÐDefinitions transactions. who is performing work as a result of an 402.101 Definitions. (3) Designating contracting officers. unauthorized commitment that the work (4) Establishing clear lines of is being performed at that person’s risk; Authority: 5 U.S.C. 301 and 40 U.S.C. contracting authority. (2) Inform the individual who made 486(c). (5) Evaluating and monitoring the the unauthorized commitment of the 402.000 Scope of part. performance of USDA’s acquisition seriousness of the act and the possible As used throughout this chapter, the system. consequences; following words and terms are used as (6) Managing and enhancing career (3) Ensure that the individual who defined in this subpart unless the development of the contracting work made the unauthorized commitment context in which they are used clearly force. furnishes all records and documents requires a different meaning, or a (7) Participating in the development concerning the commitment and a different definition is prescribed for a of Government-wide acquisition complete, written statement of facts, particular part or portion of a part. policies, regulations, and standards; and including, but not limited to: a determining specific areas where statement as to why a contracting officer Subpart 402.1ÐDefinitions government-wide performance was not used; why the vendor was standards should be established and selected and a list of sources 402.101 Definitions. applied. considered; a description of work to be Acquisition official means an (8) Determining areas of Department- performed or products to be furnished; individual who has been delegated unique standards and developing the estimated or agreed price; whether authority to manage or to exercise unique Department-wide standards. an appropriation is available for the acquisition functions and (9) Certifying to the Secretary that the work; and whether performance has responsibilities. acquisition system meets approved begun. Under exceptional Agency head or Head of the Agency standards. circumstances, such as when the means the Secretary of Agriculture, (b) The SPE may delegate contracting individual who made the unauthorized Deputy Secretary, or the Assistant authority to the Heads of Contracting commitment is no longer available to Secretary for Administration. Activities (HCA’s) and the responsibility attest to the circumstances of the Head of the contracting activity (HCA) to manage their acquisition function. unauthorized commitment, the ratifying means the official who has overall (c) Unless prohibited by the FAR, the official may waive these requirements; responsibility for managing the AGAR, or by other applicable statutes and contracting activity (i.e., Chief, Forest and regulations, the SPE may redelegate (4) Decide whether ratification is Service; Administrator, Agricultural to HCA’s the authority to make proper and proceed as follows: Research Service; etc.), or the individual determinations as the agency head in (i) If ratification is not justifiable, designated by such an official to carry order to implement the policies and provide the cognizant program office, out the functions of the HCA. 53650 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

Senior Procurement Executive (SPE) ethics advisory officials in their agency Subpart 403.3ÐReports of Suspected means the agency official appointed as personnel offices. Antitrust Violations such by the head of the agency pursuant to Executive Order 12931. The Director, 403.104 Procurement integrity. 403.303 Reporting suspected antitrust violations. Procurement and Property Management, 403.104±5 Disclosure, protection, and Policy Analysis and Coordination marking of proprietary and source selection Contracting officers shall report the Center, has been designated as the information. circumstances of suspected violations of USDA SPE. For contracts and contract antitrust laws to the Office of Inspector modifications in excess of $100,000, the General in accordance with procedures PART 403ÐIMPROPER BUSINESS contracting officer shall assure that the in Departmental Regulations (1700 PRACTICES AND PERSONAL information listed in FAR 3.104–5(d)(2) series). CONFLICTS OF INTEREST is maintained in the contract file. Subpart 403.4ÐContingent Fees Subpart 403.1ÐSafeguards 403.104±11 Processing violations or Sec. possible violations. 403.409 Misrepresentations or violations 403.101 Standards of conduct. (a) The contracting officer shall of the Covenant Against Contingent Fees. 403.101–3 Agency regulations. forward information concerning any 403.104 Procurement integrity. (a) A suspected misrepresentation or 403.104–5 Disclosure, protection, and violation or possible violation of the violation of the Covenant Against marking of proprietary and source Procurement Integrity Act (41 U.S.C. Contingent Fees shall be documented in selection information. 423) to the chief of the contracting writing by the contracting officer and 403.104–11 Processing violations or office. reported immediately to the chief of the possible violations. (b) Heads of contracting activities contracting office. The chief of the Subpart 403.2ÐContractor Gratuities to (HCA’s) or their designees who receive contracting office shall determine if a Government Personnel information concerning any violation or violation has occurred and report any possible violation of the Act shall take 403.203 Reporting suspected violations of violation to the Office of Inspector action in accordance with FAR 3.104– the gratuities clause. General. The chief of the contracting 11(b)(1), (2), (3), or (4). 403.204 Treatment of violations. office shall take action in accordance Subpart 403.3ÐReports of Suspected Subpart 403.2ÐContractor Gratuities with FAR 3.409(b). Antitrust Violations to Government Personnel (b) If the chief of the contracting office 403.303 Reporting suspected antitrust decides to refer the case to the violations. 403.203 Reporting suspected violations of Department of Justice, it should be the gratuities clause. Subpart 403.4ÐContingent Fees referred through the Office of Inspector A suspected violation of the contract General with a copy of the report and 403.409 Misrepresentations or violations of clause, FAR 52.203–3, Gratuities, shall the Covenant Against Contingent Fees. referral submitted through the HCA to be reported immediately to the the Senior Procurement Executive. Subpart 403.5ÐOther Improper Business cognizant contracting officer in writing, Practices stating the circumstances surrounding Subpart 403.5ÐOther Improper 403.502 Subcontractor kickbacks. the incident(s), the date(s), and names of Business Practices all parties involved. The contracting Subpart 403.6ÐContracts With Government officer shall review the report for 403.502 Subcontractor kickbacks. Employees or Organizations Owned or completeness, add any additional Controlled by them Contracting officers shall report the information deemed necessary and a circumstances of suspected violations of 403.602 Exceptions. recommendation for action, and submit the Anti-Kickback Act (41 U.S.C. 51–54) 403.603 Responsibilities of the contracting the report to the HCA. officer. to the Office of Inspector General in Subpart 403.8ÐLimitation on the Payment 403.204 Treatment of violations. accordance with procedures in of Funds to Influence Federal Transactions The HCA shall review the report and Departmental Regulations (1700 series). consult with the Offices of General 403.806 Processing suspected violations Subpart 403.6ÐContracts With Counsel and Inspector General to Authority: 5 U.S.C. 301 and 40 U.S.C. Government Employees or 486(c). determine whether further action should be pursued. If it is found that the Organizations Owned or Controlled by Subpart 403.1ÐSafeguards facts and circumstances warrant further Them action, the HCA shall give the contractor 403.602 Exceptions. 403.101 Standards of conduct. a formal written notice which 403.101±3 Agency regulations. summarizes the reported violation and The HCA is authorized to accept a affords the contractor the opportunity to contract from the policy in FAR 3.601. (a) The standards of conduct for make a written or oral response within USDA procurement officials are the 403.603 Responsibilities of the contracting a reasonable, specified period after officer. uniform standards established by the receipt of the notice. The notice shall be Office of Government Ethics in 5 CFR sent by certified mail with return receipt The contracting officer, when Part 2635, Standards of Ethical Conduct requested. Oral presentations shall requesting authorization under 403.602, for Employees of the Executive Branch, follow the procedures outlined in FAR shall prepare a written determination and FAR 3.104, Procurement integrity. 3.204(b). The HCA shall furnish copies and findings for the signature of the (b) Procurement officials and other of any adverse determination to the HCA. The determination shall employees who require advice contracting officer and the Department document compliance with FAR 3.603, concerning the application of standards Debarring Officer for their subsequent specifying the compelling reason(s) for of conduct to any acquisition issue shall considerations under FAR 3.204(c)(1) award, and shall be placed in the obtain ethics advisory opinions from and (2), respectively. contract file. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53651

Subpart 403.8ÐLimitation on the Subpart 404.8ÐContract Files SUBCHAPTER BÐCOMPETITION AND Payment of Funds to Influence Federal ACQUISITION PLANNING 404.870 Document numbering system. Transactions PART 405ÐPUBLICIZING CONTRACT 403.806 Processing suspected violations. 404.870±1 Purchase order/delivery order ACTIONS numbering system. Suspected violations of the Subpart 405.3ÐSynopses of Contract USDA purchasing activities shall requirements of 31 U.S.C. 1352 shall be Awards number their purchase/delivery orders referred to the Office of Inspector Sec. in accordance with NFC Procedures 405.303 Announcement of contract awards. General in accordance with procedures Manual, ‘‘Purchase Orders,’’ Title II, in Departmental Regulations (1700 Section 5.1. Subpart 405.4ÐRelease of Information series). 405.403 Requests from Members of 404.870±2 Contract numbering system. Congress. PART 404ÐADMINISTRATIVE 405.404 Release of long-range acquisition MATTERS Contracting offices shall assign an 8 to estimates. 12-digit number to all contracts. 405.404–1 Release procedures. Subpart 404.4ÐSafeguarding Classified Contract numbers will be divided into Subpart 405.5ÐPaid Advertisements Information Within Industry four data elements and formatted as 405.502 Authority. Sec. follows: 404.403 Responsibilities of contracting (1) (2) (3) (4) Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c). officers. Transaction Ordering Fiscal Control Code Office Year Number Subpart 404.6ÐContract Reporting Subpart 405.3ÐSynopses of Contract Awards 404.601 Record requirements. XX XXXX X X to XXXXX 404.602 Federal Procurement Data System. 405.303 Announcement of contract Subpart 404.8ÐContract Files (a) Transaction code. This two- awards. Contracting officers shall make 404.870 Document numbering system. position code identifies the contract as information available on any contract 404.870–1 Purchase order/delivery order being one of the following types: award with an estimated total value numbering system. (1) Code 50—construction contract; over $1 million (including options) to 404.870–2 Contract numbering system. (2) Code 51—[Reserved] (3) Code 52—tree planting/thinning their agency congressional liaison office Subpart 404.70ÐPrecontract Notices contract; in sufficient time for the agency to 404.7001 Solicitation provision. (4) Code 53—service contract; announce it by 5:00 p.m. Washington, Authority: 5 U.S.C. 301 and 40 U.S.C. (5) Code 54—supply contract; DC time on the day of award. The 486(c). (6) Code 55—aircraft rental (for fire- agency congressional liaison office fighting purposes only) contract; shall, concurrent with the public Subpart 404.4ÐSafeguarding (7) Code 56—personal equipment rental announcement, provide the award Classified Information Within Industry (rental of vehicular equipment for firefighting announcement information to the USDA purposes only) contract; Congressional Relations Office. 404.403 Responsibilities of contracting (8) Code 57—leasehold interest in real officers. property contract. Subpart 405.4ÐRelease of Information When a proposed solicitation is likely (b) Ordering office. This four-position code 405.403 Requests from Members of to require access to information corresponds to the last four characters of the Congress. classified by USDA, the contracting contracting office’s GSA assigned FEDSTRIP The head of the contracting activity officer shall consult with the Director of requisitioner number. (HCA) is the agency head designee Human Resources Management within (c) Fiscal year. This one-position code pursuant to FAR 5.403(a). the Policy Analysis and Coordination corresponds to the last digit of the fiscal year in which the contract becomes effective. 405.404 Release of long-range acquisition Center of the Office of Assistant estimates. Secretary for Administration, regarding (d) Control number. This up-to-five the procedures that must be followed. position code (from one to five characters 405.404±1 Release procedures. may be used) will be assigned by the (a) HCA’s shall establish written Subpart 404.6ÐContract Reporting contracting office. While contracts will procedures to control the release of generally be numbered consecutively (1 long-range acquisition estimates, as 404.601 Record requirements. through 99999), contracting offices may authorized under FAR 5.404–1. assign codes in any manner of their choosing. The Senior Procurement Executive (b) Classified information shall not be Codes may not be repeated, however, unless released without the approval of the (SPE) manages an automated one of the preceding data elements USDA Security Officer, Policy Analysis procurement reporting system for (transaction code, ordering office, or fiscal and Coordination Center—Human USDA. This system provides the Federal year) changes. Alpha characters as well as Procurement Data System with all numerals may be used in any one or more of Resources Management. Departmental required contracting information. the five positions. Manual and Regulation (3400 series) contain guidance on classified 404.602 Federal Procurement Data Subpart 404.70ÐPrecontract Notices information. System. 404.7001 Solicitation Provision. Subpart 405.5ÐPaid Advertisements Contracting activities shall report contract actions into the USDA The contracting officer shall insert the 405.502 Authority. Procurement Reporting System in provision at 452.204–70, Inquiries, in all (a) The authority vested in the agency accordance with the instructions issued solicitations. head to authorize publication of paid or distributed by the SPE. advertisements in newspapers (44 53652 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

U.S.C. 3702) is delegated, with power of on a case-by-case basis in accordance disagreements to the SPE for resolution redelegation, to HCA’s. HCA with procedures in FAR 6.303 and the HCA shall provide a summary of the redelegation of this authority shall be in 6.304. areas of disagreement, supported by the writing. following: (b) Policies and procedures regarding Subpart 406.5ÐCompetition (1) The HCA’s assessment of whether prior authorization required for media Advocates the services are ‘‘inherently other than newspapers are contained in governmental’’; 406.501 Requirements. USDA Departmental Regulations 1400 (2) The basis for that assessment series. (a) The Chief, Procurement Policy (include references to the definition and Division, Procurement and Property policy in FAR subpart 7.5 and/or Office Part 406ÐCompetition Requirements Management, Policy Analysis and of Federal Procurement Policy letter 92– Coordination Center, has been 1); Subpart 406.2ÐFull and Open Competition designated as the Competition Advocate After Exclusion of Sources (3) A copy of the statement of work; for USDA. and, Sec. (b) Each HCA shall designate a (4) The requesting activity written 406.202 Establishing or maintaining competition advocate for the contracting determination in accordance with FAR alternative sources. activity. 7.503(e). Subpart 406.3ÐOther Than Full and Open (c) Such disagreements shall be Competition PART 407ÐACQUISITION PLANNING resolved prior to issuance of the 406.302 Circumstances permitting other Subpart 407.1ÐAcquisition Plans solicitation. than full and open competition. 406.302–70 Otherwise authorized by law. Sec. PART 408ÐREQUIRED SOURCES OF 407.103 Agency-head responsibilities. SUPPLIES AND SERVICES Subpart 406.5ÐCompetition Advocates 407.170 Advance acquisition plans. 406.501 Requirements. Subpart 407.3ÐContractor Versus Subpart 408.4ÐFederal Supply Schedules Authority: 5 U.S.C. and 40 U.S.C. 486(c). Government Performance Sec. 407.302 General. 408.404 Using schedules. Subpart 406.2ÐFull and Open 408.404–3 Requests for waivers. Competition After Exclusion of Subpart 407.5ÐInherently Governmental Sources Functions Subpart 408.7ÐAcquisition From Nonprofit Agencies Employing People Who Are Blind 407.503 Policy. 406.202 Establishing or maintaining or Severely Handicapped Authority: 5 U.S.C. 301 and 40 U.S.C. alternative sources. 408.701 Definitions. The Senior Procurement Executive is Subpart 407.1ÐAcquisition Plans 408.705 Procedures. authorized to make determinations 408.705–2 Direct order process. pursuant to FAR 6.202(a) and sign the 407.103 Agency-head responsibilities. 408.705–3 Allocation process. determination and findings required by Heads of Contracting Activities 408.705–4 Compliance with orders. 408.706 Purchase exemptions. FAR 6.202(b). (HCA’s) shall develop procedures to 408.707 Prices. comply with FAR 7.103. Subpart 406.3ÐOther than Full and 408.711 Quality complaints. 408.712 Specification changes. 407.170 Advance acquisition plans. Open Competition 408.714 Communications with the central Each HCA shall implement an nonprofit agencies and the Committee. 406.302 Circumstances permitting other advance acquisition planning system in than full and open competition. accordance with procedures in Subpart 408.8ÐAcquisition of Printing and Related Supplies 406.302±70 Otherwise authorized by law. Departmental Directives (5000 series). 408.802 Policy. (a) Authority. Section 1472 of the Subpart 407.3ÐContractor Versus National Agricultural Research, Subpart 408.11ÐLeasing of Motor Vehicles Government Performance Extension, and Teaching Policy Act of 408.1103 Contract requirements. 1977 (7 U.S.C. 3318) (the Act) 407.302 General. Authority: 5 U.S.C. 301 and 40 U.S.C. authorizes the Secretary of Agriculture The requirements of FAR subpart 7.3 486(c). to award contracts, without and OMB Circular A–76 are competition, to further research, implemented by Departmental Subpart 408.4ÐFederal Supply extension, or teaching programs in the Directives (2100 series). Schedules food and agricultural sciences. 408.404 Using schedules. (b) Limitations. The use of this Subpart 407.5ÐInherently authority is limited to those instances Governmental Functions 408.404±3 Requests for waivers. where it can be determined that A copy of the request for a waiver and 407.503 Policy. contracting without full and open the approval shall be placed in the competition is in the best interest of the (a) HCA’s shall establish procedures contract file to support the acquisition Government and necessary to the to ensure that requesting activities of items off schedule. accomplishment of the research, provide the written determination extension, or teaching program. required by FAR 7.503(e), when Subpart 408.7ÐAcquisition From Therefore: submitting requests for procurement of Nonprofit Agencies Employing People (1) Contracts under the authority of services. Who Are Blind or Severely the Act shall be awarded on a (b) In the event of a disagreement as Handicapped competitive basis to the maximum to whether the functions to be practicable extent. performed are inherently governmental, 408.701 Definitions. (2) When full and open competition is the HCA may refer the matter to the Committee Member is the Presidential not deemed appropriate, the contracting Senior Procurement Executive (SPE) for appointee representing USDA as a officer shall make a written justification resolution. When submitting member of the Committee for Purchase Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53653 from People Who Are Blind or Severely 408.706 Purchase exemptions. maintenance such as oil and other fluid Disabled. Prior to applying to the Committee for changes or replenishment, the Organization head is the head of the a purchase exemption, the chief of the contracting officer shall include in the contracting activity (HCA), the head of contracting office should provide contract: a USDA corporation (as described in 31 advance notice to the JWOD Advocate (1) A requirement for fluids U.S.C. 9101), or the head of a USDA who will inform the USDA Committee containing the maximum available staff office. Member. amounts of recovered materials; and (2) A preference for either retreaded 408.705 Procedures. 408.707 Prices. tires meeting the Federal retread (a) The organization head shall Prior to applying for a price revision, specifications or retreading services for appoint one person as Javits-Wagner- the chief of the contracting office should the tires on the vehicle. O’Day Act (JWOD) Advocate to provide advance notice to the JWOD represent the organization and to Advocate who will inform the USDA PART 409ÐCONTRACTOR coordinate the organization’s actions Committee Member. QUALIFICATIONS with the Committee Member. (b) JWOD advocates may represent 408.711 Quality complaints. Subpart 409.4ÐDebarment, Suspension and Ineligibility more than one organization. Advocates Prior to attempting to resolve a need not be acquisition officials. complaint regarding the quality of goods Sec. (c) The organization head shall issue or services provided by participating 409.403 Definitions. nonprofit agency with the Committee, 409.404 List of parties excluded from and maintain an action plan to promote Federal procurement and and enhance the organization’s the chief of the contracting office should provide advance notice to the JWOD nonprocurement programs. acquisitions from JWOD participating 409.405 Effect of listing. nonprofit agencies. Advocate who will inform the USDA 409.405–1 Continuation of current (d) The action plan shall: Committee Member. contracts. (1) Announce the organization’s 409.405–2 Restrictions on subcontracting. 408.712 Specification changes. support for the JWOD Act; 409.406 Debarment. (2) Establish a promotion program for Prior to providing 90-days advance 409.406–3 Procedures. the products and services provided by notification to the Committee on actions 409.407 Suspension. the JWOD participating nonprofit that affect supplies and services on the 409.407–3 Procedures. 409.470 Appeals. agencies; Procurement List, the chief of the (3) Provide for the JWOD Advocate’s contracting office should provide Subpart 409.5ÐOrganizational and role in acquisition planning; advance notice to the JWOD Advocate Consultant Conflicts of Interest (4) Establish measurable program who will inform the USDA Committee 409.503 Waiver. Member. goals for growth or other Authority: 5 U.S.C. 301 and 40 U.S.C. accomplishment in the organization’s 408.714 Communications with the central 486(c). JWOD program actions; and nonprofit agencies and the Committee. Subpart 409.4ÐDebarment, (5) Establish an awards program for Any matter requiring referral to the Suspension and Ineligibility successful participation in the JWOD Committee shall be provided to the program. JWOD Advocate who will coordinate 409.403 Definitions. 408.705±2 Direct order process. the matter with the Committee Member. Debarring official. The Senior Procurement Executive (SPE) is (a) The chief of a contracting office Subpart 408.8ÐAcquisition of Printing designated as the debarring official may apply to a central nonprofit agency and Related Supplies for authorization to order specific (Department Debarring Officer) pursuant supplies or services directly from a 408.802 Policy. to the Secretary’s delegations of JWOD participating nonprofit agency. (a) The Director, Office of authority in 7 CFR 2.24. However, for (b) A copy of the application should Communications (OC) has been contracts awarded under the School be provided to the JWOD Advocate who designated as the central printing Lunch and Surplus Removal Programs will inform the USDA Committee authority in USDA, with the authority to (42 U.S.C. 1755 and 7 U.S.C. 612c), the Member. represent the USDA before the Joint Department Debarring Officer has Committee on Printing (JCP), the delegated debarring authority to the 408.705±3 Allocation process. Government Printing Office, and other Agricultural Marketing Service (AMS). (a) The chief of a contracting office Federal and State agencies on all may apply to a central nonprofit agency 409.404 List of parties excluded from matters related to printing. Federal procurement and nonprocurement for a production allocation of specific (b) Prior to contracting for any of the supplies or services to a JWOD programs. items defined in FAR 8.801, the The Department Debarring Officer is participating nonprofit agency. contracting officer shall verify that the (b) A copy of the application should USDA’s single point of contact with requisite approval has been received by GSA for debarment and suspension be provided to the JWOD Advocate who the publication liaison officer or will inform the USDA Committee actions taken under this subpart. The requisitioner. debarring official for AMS shall notify Member. (c) The approval from OC or the the Department Debarring Officer of approval authority designated by OC 408.705±4 Compliance with orders. each debarment and suspension action shall be maintained in the contract file. Prior to attempting to resolve a failure by promptly submitting a copy of the to perform by a participating nonprofit Subpart 408.11ÐLeasing of Motor debarment or suspension notice and any agency with the Committee, the chief of Vehicles later changes to the debarment or the contracting office should provide suspension status. The Department advance notice to the JWOD Advocate 408.1103 Contract requirements. Debarring Officer will forward a copy of who will inform the USDA Committee If the requirement includes the need each notice to GSA for inclusion in the Member. for the vendor to provide operational Government-wide list. 53654 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

409.405 Effect of listing. be conducted expeditiously and in such Subpart 409.5ÐOrganizational and Compelling reasons are considered to a manner that each party will have an Consultant Conflicts of Interest be present where failure to contract with opportunity to present all information the debarred or suspended contractor considered pertinent to the proposed 409.503 Waiver. would seriously harm the agency’s debarment. The contractor shall be (a) The HCA, on a non-delegable programs and prevent accomplishment provided a copy of a transcript of the basis, is authorized to waive any general of mission requirements. The SPE is proceedings under the conditions rule or procedure in FAR 9.5 when in authorized to make the determinations established in FAR 9.406–3(b)(2)(ii). the Government’s interest. under FAR 9.405. Requests for such (b) Each request for waiver shall determinations shall be submitted 409.407 Suspension. include: through the head of the contracting (1) The general rule or procedure activity (HCA) to the SPE. 409.407±3 Procedures. proposed to be waived; (2) An analysis of the potential (a) Investigation and referral. When a 409.405±1 Continuation of current conflict, including the benefits and contracting officer becomes aware of contracts. detriments to the Government and possible irregularities or any The HCA is authorized to make the prospective contractors; determinations under FAR 9.405–1. information which may be sufficient (3) A discussion of why the conflict cause for suspension, the case shall be 409.405±2 Restrictions on subcontracting. cannot be avoided, neutralized, or immediately referred through the HCA mitigated; and The HCA is authorized to approve to the debarring official. The case must (4) Advice of counsel obtained under subcontracts with debarred or be accompanied by a complete FAR 9.504(b). suspended subcontractors under FAR statement of the facts along with a 9.405–2. recommendation for action. Where the PART 411ÐDESCRIBING AGENCY 409.406 Debarment. statement of facts indicates the NEEDS irregularities to be possible criminal 409.406±3 Procedures. Subpart 411.1ÐSelecting and Developing offenses, or for any other reason further Requirements Documents (a) Investigation and referral. When a investigation is considered necessary, Sec. contracting officer becomes aware of the matter shall be referred to the HCA possible irregularities or any 411.103 Market acceptance. who should consult with the Office of 411.105 Purchase descriptions for service information which may be sufficient Inspector General to determine if further contracts. cause for debarment, the case shall be investigation is required prior to 411.170 Brand name or equal. immediately referred through the HCA referring it to the debarring official. 411.171 Solicitation provisions and to the debarring official. The case must contract clauses. be accompanied by a complete (b) Decision-making process. If, after reviewing the recommendations and Subpart 411.2ÐUsing and Maintaining statement of the facts (including a copy Requirements Documents of any criminal indictments, if consulting with the Office of Inspector applicable) along with a General and Office of the General 411.202 Maintenance of standardization recommendation for action. Where the Counsel, as appropriate, the debarring documents. statement of facts indicates the official determines suspension is Subpart 411.4ÐDelivery or Performance irregularities to be possible criminal justified, the debarring official shall Schedules offenses, or for any other reason further initiate the proposed suspension in 411.404 Contract clauses. investigation is considered necessary, accordance with FAR 9.407–3(c) and Subpart 411.6ÐPriorities and Allocations the matter shall be referred to the HCA notify the HCA of the action taken. who should consult with the Office of 411.600 Scope of subpart. (c) Fact-finding proceedings. For Inspector General to determine if further Authority: 5 U.S.C. 301 and 40 U.S.C. investigation is required prior to actions listed under FAR 9.407–3(b)(2), 486(c). the contractor shall be given the referring to the debarring official. Subpart 411.1ÐSelecting and (b) Decision-making process. If, after opportunity to appear at an informal Developing Requirements Documents reviewing the recommendations and hearing, similar in nature to the hearing consulting with the Office of Inspector for debarments as discussed in 409.406– 411.103 Market acceptance. 3(c). General and Office of the General (a) The head of the contracting Counsel, as appropriate, the debarring 409.470 Appeals. activity (HCA) may determine that official determines debarment is offerors must demonstrate, in justified, the debarring official shall A debarred or suspended contractor accordance with FAR 11.103(a), the initiate the proposed debarment in may appeal the debarring official’s market acceptability of their items to be accordance with FAR 9.406–3(c) and decision by mailing or otherwise offered. notify the HCA of the action taken. furnishing a written notice within 90 (b) The contracting officer shall place (c) Fact-finding proceeding. For days from the date of the decision to the a copy of this determination, signed by actions listed under FAR 9.406–3(b)(2), U.S. Department of Agriculture Board of the HCA, in the solicitation file. the contractor shall be given the Contract Appeals, Washington, D.C. opportunity to appear at an informal 411.105 Purchase descriptions for service 20250. A copy of the notice of appeal contracts. hearing. The hearing should be held at shall be furnished to the debarring a location and time that is convenient to When contract personnel are to be officer from whose decision the appeal the parties concerned, if at all possible. used, the requiring official shall record is taken. Appeals under subpart 409.4 The contractor and any specifically on the requisition his or her named affiliates may be represented by shall be governed by the rules and determination whether harm to the counsel or any duly authorized procedures of the U.S. Department of Government might occur should representative. Witnesses may be called Agriculture Board of Contract Appeals contractor personnel fail to identify by either party. The proceedings shall set forth in 7 CFR part 24. themselves as non-Government officials. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53655

411.170 Brand name or equal. specify the effective period of the of imprest funds within USDA. (a) A ‘‘brand name or equal’’ purchase contract. Departmental Regulation 5000 series description shall include the following establishes policies and procedures for type of information: Subpart 411.6ÐPriorities and the use of the Third Party Draft System (i) Identification of the item by Allocations in USDA. generic description. 411.600 Scope of subpart. Subpart 413.5ÐPurchase Orders (ii) Make, model number, catalog The Defense Priorities and Allocation designation, or other description, and System (DPAS) excludes USDA 413.505 Purchase order and related forms. identification of a commercial catalog activities (see 15 CFR 700.18(b)). USDA (a) Form AD–838, Purchase Order, is where it is listed. Contracting Officers are not authorized prescribed for use by USDA in lieu of (iii) Name of manufacturer, producer, to place rated orders under DPAS. Optional Forms 347 and 348. or distributor of the item and complete (b) The Standard Form 44 (and the address. Part 412ÐACQUISITION OF previously prescribed USDA Form AD– (iv) All salient characteristics of the COMMERCIAL ITEMS 744) is not authorized for use within ‘‘brand name or equal’’ product or USDA. products which have been determined Subpart 412.3ÐSolicitation Provisions and by the requisitioner to be essential to the Contract Clauses for the Acquisition of Commercial Items PART 414ÐSEALED BIDDING Government’s minimum requirements. Sec. Subpart 414.2ÐSolicitation of Bids 411.171 Solicitation provisions and 412.302 Tailoring of provisions and clauses Sec. contract clauses. for the acquisition of commercial items. 414.201 Preparation of invitations for bids. (a) Contracting officers shall insert the Authority: 5 U.S.C. 301 and 40 U.S.C. 414.201–6 Solicitation provision. 486(c). provision at 452.211–1, Brand Name or Subpart 414.4ÐOpening of bids and Award Equal, in solicitations, other than those Subpart 412.3ÐSolicitation Provisions of Contract for construction, where ‘‘brand name or and Contract Clauses for the 414.404 Rejection of bids. equal’’ purchase descriptions are used. Acquisition of Commercial Items 414.404–1 Cancellation of invitations after (b) Contracting officers shall insert the opening. clause at 452.211–2, Equal Products 412.302 Tailoring of provisions and 414.407 Mistakes in bids. Offered, in solicitations, other than clauses for the acquisition of commercial 414.407–3 Other mistakes disclosed before those for construction, where the items. award. provision at 452.211–1 is included. The head of the contracting activity is 414.407–4 Mistakes after award. (c) Contracting officers shall insert the authorized to approve waivers in 414.409 Information to bidders. clause at 452.211–3, Statement of Work/ accordance with FAR 12.302(c). The 414.409–2 Award of classified contracts. Specifications, when the description approved waiver may be either for an Authority: 5 U.S.C. 301 and 40 U.S.C. (statement of work) or specification(s) is individual contract or for a class of 486(c). included in Section J of the solicitation. contracts for the specific item. The Subpart 414.2ÐSolicitation of Bids (d) Contracting officers shall insert the approved waiver and supporting clause at 452.211–4, Attachment to documentation shall be incorporated 414.201 Preparation of invitations for bids. Statement of Work/Specifications, when into the contract file. there are attachments to the description 414.201±6 Solicitation provisions. SUBCHAPTER CÐCONTRACTING (statement of work) or specifications. The contracting officer shall insert the METHODS AND CONTRACT TYPES provision 452.214–70, Award by Lot, Subpart 411.2ÐUsing and Maintaining PART 413ÐSIMPLIFIED ACQUISITION when multiple items are segregated into Requirements Documents PROCEDURES clearly identifiable lots and the contracting officer wants to reserve the 411.202 Maintenance of standardization Subpart 413.1ÐGeneral right to award by item within a lot, if documents. Sec. award in that manner would be Recommendations for changes to 413.103 Policy. advantageous to the Government. standardization documents are to be submitted through the Senior Subpart 413.4ÐImprest Fund Subpart 414.4ÐOpening of Bids and Procurement Executive, who will 413.401 General. Award of Contract coordinate the submission of these Subpart 413.5ÐPurchase Orders recommendations to the cognizant 414.404 Rejection of bids. preparing activity. 413.505 Purchase order and related forms. Authority: 5 U.S.C. 301 and 40 U.S.C. 414.404±1 Cancellation of invitations after opening. Subpart 411.4ÐDelivery or 486(c). Performance Schedules An acquisition official at a level above Subpart 413.1ÐGeneral the contracting officer is authorized to 411.404 Contract clauses. make the determinations under FAR 413.103 Policy. (a) The contracting officer shall insert 14.404–1(c) and (e)(1). USDA policy and procedures on use the clause at 452.211–5, Period of of the Governmentwide commercial 414.407 Mistakes in bids. Performance, when it is necessary to purchase card are established in specify a period of performance, 414.407±3 Other mistakes disclosed Departmental Regulation Series 5000. beginning on the date of award, date of before award. receipt of notice of award, or a specified Subpart 413.4ÐImprest Fund The authority to make the date. determinations under FAR 14.407–3(a), (b) The contracting officer shall insert 413.401 General. (b), and (d) is delegated, without power the clause at 452.211–6, Effective Period Departmental Regulation 2000 series of redelegation, to the head of the of the Contract, when it is necessary to sets policies and guidelines for the use contracting activity. The authority to 53656 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations make the determination under FAR Subpart 415.1ÐGeneral Requirements circumstances requiring the services of 14.407–3(c) is delegated to the for Negotiation individuals outside the Government. contracting officer. Each determination (b) During the preaward period, only pursuant to FAR 14.407–3 shall have 415.103 Converting from sealed bidding to the contracting officer, the chief of the the concurrence of the Office of the negotiation procedures. contracting office, or others specifically General Counsel (OGC). An acquisition official at a level above authorized by either of them may the contracting officer is authorized to communicate technical or other 414.407±4 Mistakes after award. make the determination to permit the information to, or conduct discussions If a mistake in bid is disclosed after use of negotiation to complete an with, offerors. Information shall not be award, the contracting officer shall acquisition following the cancellation of furnished to an offeror if, alone or make a final determination in an invitation for bids. together with other information, it may accordance with the provisions of FAR afford the offeror an advantage over 14.407–4 (b) and (c) and shall Subpart 415.4ÐSolicitation and other offerors. However, general coordinate each proposed determination Receipt of Proposals and Quotations information that is not prejudicial to with OGC. Such coordination shall, at a other offerors may be furnished. minimum, consist of the contracting 415.406 Preparing requests for proposals (RFP's) and requests for quotations (c) Agency personnel and non- officer providing the proposed (RFQ's). Government evaluators having determination and the case file to OGC authorized access to information for comment. 415.406±1 Uniform contract format. contained in proposals shall disclose 414.409 Information to bidders. The Senior Procurement Executive is neither the number of offerors nor their authorized to exempt contracts from the identity to the public or to anyone in 414.409±2 Award of classified contracts. uniform contract format. Government except as authorized in Disposition of classified information accordance with FAR 3.104 (See also shall be in accordance with 415.407 Solicitation provisions. FAR 5.403). Departmental Regulation and Manual (a) The provision at 452.215–71, (d) The contracting officer shall obtain (3400 Series) and in accordance with Instructions for the Preparation of the following written agreement from direction issued by the USDA Security Technical and Business Proposals, may the non-Government evaluator prior to Officer, Policy Analysis and be used when offerors will be required the release of any proposal to that Coordination Center—Human Resources to submit technical and business evaluator. Management. proposals. Contracting officers should ‘‘AGREEMENT GOVERNING THE USE AND tailor the clause to reflect the degree of DISCLOSURE OF PROPOSALS’’ PART 415ÐCONTRACTING BY information required for the specific RFP# llllllllllllllllll NEGOTIATION acquisition. Offeror lllllllllllllllll Subpart 415.1ÐGeneral Requirements for (b) The contracting officer shall insert 1. To the best of my knowledge and belief, Negotiation the provision at 452.215–72, no conflict of interest exists that may Amendments to Proposals, in diminish my capacity to perform an impartial Sec. and objective review of the offeror’s proposal, 415.103 Converting from sealed bidding to solicitations which require the submittal of lengthy, complex technical proposals. or may otherwise result in a biased opinion negotiation procedures. or an unfair advantage. If a potential conflict Subpart 415.4ÐSolicitation and Receipt of 415.408 Issuing solicitations. of interest arises or if I identify such a Proposals and Quotations conflict, I agree to notify the Government Departmental Regulation and Manual promptly concerning the potential conflict. 415.406 Preparing requests for proposals (Series 3400), establishes policy and In determining whether any potential conflict (RFP’s) and requests for quotations procedures regarding classification, of interest exists, I agree to review whether (RFQ’s). declassification and safeguarding of me or my employer’s relationships with other 415.406–1 Uniform contract format. classified information. persons or entities, including, but not limited 415.407 Solicitation provisions. 415.408 Issuing solicitations. to, ownership of stocks, bonds, other 415.411 Receipt of proposals and outstanding financial interests or 415.411 Receipt of proposals and quotations. quotations. commitments, employment arrangements 415.413 Disclosure and use of information Departmental Regulation and Manual (past, present, or under consideration), and, before award. (Series 3400), contains guidance on to the extent known by me, all financial 415.413–2 Alternate II. classification, declassification and interests and employment arrangements of safeguarding of classified information. my spouse, minor children, and other Subpart 415.5ÐUnsolicited Proposals members of my immediate household, may 415.504 Advance guidance. 415.413 Disclosure and use of information place me in a position of conflict, real or 415.506 Agency procedures. before award. apparent, with the evaluation proceedings. 2. I agree to use proposal information only Subpart 415.6ÐSource Selection Contracting officers shall use the for evaluation purposes. I understand that 415.607 Disclosure of mistakes before Alternate II procedures in FAR 15.413– any authorized restriction on disclosure award. 2 and subsection 415.413–2 when placed upon the proposal by the prospective 415.608 Proposal evaluation. releasing proposals outside the contractor or subcontractor or by the 415.612 Formal source selection. Government for evaluation purposes. Government shall be applied to any reproduction or abstracted information of the Subpart 415.9ÐProfit 415.413±2 Alternate II. proposal. I agree to use my best effort to 415.902 Policy. (a) The head of the contracting safeguard such information physically, and Subpart 415.10ÐPreaward, Award, and activity (HCA) is authorized to approve not to disclose the contents of, or release any information relating to, the proposal(s) to Postaward Notifications, Protests and the release of proposals outside the Mistakes anyone outside of the Source Evaluation Government for evaluation purposes. Board or other panel assembled for this 415.1070 Post-award conference. Each such decision shall be supported acquisition, the Contracting Officer, or other Authority: 5 U.S.C. 301 and 40 U.S.C. by a written justification that shows in individuals designated by the Contracting 486(c). sufficient detail the special needs or Officer. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53657

3. I agree to return to the Government all 1 when analyzing profit for these simplified acquisition procedures in copies of proposals, as well as any abstracts, contracts or actions: FAR part 13. upon completion of the evaluation. (i) Architect-engineer contracts; lllllllllllllllllllll (ii) Construction contracts; Subpart 416.2ÐFixed-Price Contracts (Name and Organization) lllllllllllllllllllll (iii) Contracts primarily requiring 416.203 Fixed-price contracts with (Date) delivery of material supplied by economic price adjustment. subcontractors; (End of provision) (iv) Termination settlements; and 416.203±4 Contract clauses. (e) The release of a proposal outside (v) Cost-plus-award-fee contracts; An economic price adjustment clause the Government for evaluation does not (b) Unless otherwise restricted by based on cost indexes of labor or constitute the release of information for contracting activity procedures, the material may be used under the purposes of the Freedom of Information Contracting Officer may use another conditions listed in FAR 16.203–4(d) Act (5 U.S.C. 552). Federal agency’s structured approach if after approval by the HCA and (f) The contracting officer shall attach that approach has been formalized and consultation with the Office of the a cover page bearing the GOVERNMENT is maintained as part of that Agency’s General Counsel. NOTICE FOR HANDLING PROPOSALS, acquisition regulations (i.e., included in as set forth in FAR 15.413–2(e), to each that Agency’s assigned chapter of Title Subpart 416.4ÐIncentive Contracts proposal upon receipt. The last sentence 48 of the Code of Federal Regulations). of the notice shall cite 48 CFR 415.413 416.404 Cost-reimbursement incentive (c) The HCA is responsible for contracts. as the agency implementing regulation. establishing procedures to ensure compliance with this subpart. 416.404±2 Cost-plus-award-fee contracts. Subpart 415.5ÐUnsolicited Proposals The HCA may designate an 415.504 Advance guidance. Subpart 415.10ÐPreaward, Award, and acquisition official other than the Postaward Notifications, Protests and HCA’s are responsible for establishing contracting officer as the fee Mistakes procedures to ensure compliance with determination official (FDO) to make the the requirements of FAR 15.504. 415.1070 Post-Award Conference. final determination of the award fee. The designated official must have 415.506 Agency procedures. If a postaward conference is warranted contracting authority at the HCA’s are responsible for establishing necessary, the contracting officer shall same level as the contracting officer or the procedures for control of unsolicited insert clause 452.215–73, Post-Award higher, and shall not have participated proposals required by FAR 15.506(a) Conference. in preparing the contractor performance evaluation. If the HCA does not and for identifying the contact points as PART 416ÐTYPES OF CONTRACTS required by FAR 15.506(b). designate an FDO, the chief of the Sec. contracting office shall act as the FDO. Subpart 415.6ÐSource Selection 416.000 Scope of part. 416.405 Contract clauses. 415.607 Disclosure of mistakes before Subpart 416.2ÐFixed-Price Contracts The contracting officer shall insert a award. 416.203 Fixed-price contracts with clause substantially the same as the The HCA with the concurrence of the economic price adjustment. clause at 452.216–70, Award Fee, in Office of the General Counsel is 416.203–4 Contract clauses. solicitations and contracts which authorized to make the determination Subpart 416.4ÐIncentive Contracts contemplate the award of cost-plus- permitting proposal correction as 416.404 Cost-reimbursement incentive award-fee contracts. required by FAR 15.607(c)(3). contracts. 416.470 Solicitation provision. 415.608 Proposal evaluation. 416.404–2 Cost-plus-award-fee contracts. 416.405 Contract clauses. The contracting officer shall insert the An acquisition official above the level 416.470 Solicitation provision. provision at 452.216–71, Base Fee and of the contracting officer is authorized Award Fee Proposal, in solicitations to make the determination to reject all Subpart 416.5ÐIndefinite-Delivery which contemplate the award of a cost- proposals under the circumstances Contracts plus-award-fee contract. listed in FAR 15.608(b). 416.505 Ordering. 416.506 Solicitation provision and contract Subpart 416.5ÐIndefinite-Delivery 415.612 Formal source selection. clauses. Contracts The HCA shall determine when a Subpart 416.6ÐTime-and-Materials, Labor- 416.505 Ordering. formal source selection process will be Hour, and Letter Contracts (a) The Chief, Procurement Policy used and establish procedures for 416.603 Letter contracts. implementing the requirements of FAR Division, Procurement and Property 416.603–2 Application. Management, Policy Analysis and 15.612. 416.603–4 Contract clauses. 416.670 Contract clauses. Coordination Center, has been Subpart 415.9ÐProfit designated as the Departmental Task Subpart 416.7ÐAgreements Order Ombudsman. 415.902 Policy. 416.702 Basic agreements. (b) The Departmental Task Order (a)(1) USDA will use a structured Authority: 5 U.S.C. 301 and 40 U.S.C. Ombudsman shall designate a task order approach to determine the profit or fee 486(c). ombudsman for each contracting prenegotiation objective in acquisition activity. Contracting activity actions when price negotiation is based 416.000 Scope of part. ombudsmen shall review and resolve on cost analysis. Heads of contracting activities complaints from contractors concerning (2) The following types of acquisitions (HCA’s) are authorized to establish task or delivery orders placed by the are exempt from the requirements of the written procedures allowing the use of contracting activity. structured approach, but the contracting any contract type described in FAR part (c) Any contractor who is not satisfied officer shall comply with FAR 15.905– 16 for acquisitions made under with the resolution of a complaint by a 53658 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations contracting activity ombudsman may exceed the 5 year limitation in FAR (2) Identify available minority and request the Departmental Task Order 17.204(e). women-owned businesses to be Ombudsman to review the complaint. SUBCHAPTER DÐSOCIOECONOMIC solicited by competitive procedures. PROGRAMS Coordinators shall document the 416.506 Solicitation provision and contract file with recommendations contract clauses. PART 419ÐSMALL BUSINESS made and actions taken. (a) The contracting officer shall insert PROGRAMS (b) Participate in goal-setting a provision substantially the same as the procedures and planning activities and provision at 452.216–72, Evaluation Subpart 419.2ÐPolicies establish aggressive minority and Quantities-Indefinite-Delivery Contract, Sec. women-owned business goals based on in solicitations which contemplate the 419.201 General policy. the annual review of advance award of indefinite-quantity or 419.201–70 Office of Small and acquisition plans. requirements contracts to establish the Disadvantaged Business Utilization (c) Participate in the review of those (OSDBU). basis on which offers will be evaluated. contracts which require the successful (b) The contracting officer shall insert 419.201–71 Small business coordinators. 419.201–73 Reports. offeror to submit written plans for the the clause at 452.216–73, Minimum and utilization of small and small Maximum Contract Amounts, in Subpart 419.5ÐSet-Asides for Small disadvantaged businesses as Business indefinite-delivery, indefinite-quantity subcontractors. contracts when the clause at FAR 419.508 Solicitation provisions. (d) Ensure that purchases exceeding 52.216–18 is used. Subpart 419.6ÐCertificates of Competency $2,500 and not exceeding the simplified Subpart 416.6ÐTime-and-Materials, and Determinations of Eligibility acquisition threshold are reserved Labor-Hour, and Letter Contracts 419.602 Procedures. exclusively for small businesses, 419.602–1 Referral. including minority and women-owned 416.603 Letter contracts. 419.602–3 Resolving differences between the businesses. This policy shall be agency and the Small Business implemented unless the contracting 416.603±2 Application. Administration. officer is unable to obtain offers from The HCA is authorized to extend the Authority: 5 U.S.C. 301 and 40 U.S.C. two or more small business concerns period for defining a letter contract 486(c). that are competitive with market prices required by FAR 16.603–2(c) in extreme Subpart 419.2ÐPolicies and in terms of quality and delivery of cases where it is determined in writing the goods or services being purchased. that such action is in the best interest of 419.201 General policy. (e) Maintain comprehensive source the Government. It is the policy of USDA to provide a listings of small businesses. 416.603±4 Contract clauses. fair portion of its contracting and (f) Upon written request, provide subcontracting opportunities to small, small, minority and women-owned The contracting officer shall insert the disadvantaged, minority, and women- businesses the bidders mailing lists of clause at 452.216–75, Letter Contract, in owned businesses. individuals receiving solicitations a definitive contract superseding a letter which will contain the subcontracting contract. 419.201±70 Office of Small and clause entitled ‘‘Utilization of Small Disadvantaged Business Utilization Business Concerns and Small 416.670 Contract clauses. (OSDBU). The contracting officer shall limit the Disadvantaged Business Concerns.’’ The Office of Small and Government’s obligation under a time- These lists may be limited to those Disadvantaged Business Utilization and-materials or labor-hour contract by supplies or services of major interest to (OSDBU) develops rules, policy, inserting the clause at 452.216–74, the requesting firms. procedures and guidelines for the Ceiling Price. (g) Develop a program of contacts effective administration of USDA’s with local, small, minority, and women- Subpart 416.7ÐAgreements small and disadvantaged business owned trade, business, and professional procurement preference program to associations and organizations and 416.702 Basic agreements. include minority and women-owned Indian tribal councils to apprise them of Promptly after execution by the business. USDA’s program needs and recurring Government, the HCA shall furnish to 419.201±71 Small business coordinators. contract requirements. the Senior Procurement Executive a (h) Periodically meet with program copy of each basic agreement negotiated The head of the contracting activity managers to discuss requirements of the with contractors in accordance with (HCA) or a representative of the HCA small business preference program, FAR 16.702. shall designate in writing a small explore the feasibility of breaking large business coordinator in each contracting complex requirements into smaller lots PART 417ÐSPECIAL CONTRACTING office. Supervisors of small business suitable for participation by small firms, METHODS coordinators are encouraged to provide and encourage program managers to sufficient time for the coordinators to Subpart 417.2ÐOptions meet with these firms so that their carry out their small business program capabilities can be demonstrated. Sec. duties. Coordinators’ duties shall 417.204 Contracts. (i) Establish internal operating include, but not be limited to, the procedures which implement the Authority: 5 U.S.C. 301 and 40 U.S.C. following: 486(c). requirements of the regulations as set (a) Review each proposed acquisition forth in this part 419. Compile data and Subpart 417.2ÐOptions expected to exceed the simplified prepare all reports pertaining to the acquisition threshold prior to its small, minority and women-owned 417.204 Contracts. solicitation. The coordinator shall: business activities. Ensure that these The head of the contracting activity is (1) Recommend section 8(a) action reports are accurate, complete and up- authorized to approve contracts which and identify potential contractors, or to-date. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53659

(j) Assist and counsel small business Subpart 422.3ÐContract Work Hours and Subpart 422.4ÐLabor Standards for firms and especially those found to be Safety Standards Act Contracts Involving Construction nonresponsive or nonresponsible to 422.302 Liquidated damages and overtime help qualify them for future awards. pay. 422.404 Davis-Bacon Act wage determinations. (k) Review proposed large contract Subpart 422.4ÐLabor Standards for requirements to determine the potential Contracts Involving Construction 422.404±6 Modifications of wage for breaking out components suitable for determinations. 422.404 Davis-Bacon wage determinations. purchase from small business firms. HCA’s are authorized to request 422.404–6 Modifications of wage (l) Ensure that the SBA Resident determinations. extension of the 90 day period for award Procurement Center Representative 422.406 Administration and enforcement. after bid opening as provided in FAR (PCR) is provided an opportunity and 422.406–8 Investigations. 22.404–6(b)(6). reasonable time to review any 422.406 Administration and enforcement. solicitation that meets the dollar Subpart 422.6ÐWalsh-Healey Public Contracts Act threshold for small business and small 422.406.8 Investigations. disadvantaged business subcontracting 422.604 Exemptions. Reports of violations shall be plans. 422.604–2 Regulatory exemptions. forwarded to the HCA, who shall 422.608 Procedures. process such reports in accordance with 419.201±73 Reports. 422.608–4 Award pending final FAR 22.406–8(d). (a) The Director, OSDBU, shall be determination. responsible for submitting reports Subpart 422.8ÐEqual Employment Subpart 422.6ÐWalsh-Healey Public concerning USDA’s progress and Opportunity Contracts Act achievements in the procurement 422.803 Responsibilities. 422.604 Exemptions. preference program. 422.804 Affirmative action programs. (b) Subcontracting data for an agency 422.804–2 Construction. 422.604±2 Regulatory exemptions. shall be collected by the small business 422.807 Exemptions. The Assistant Secretary for coordinators and submitted to OSDBU Administration can request the Subpart 422.13ÐSpecial Disabled and Secretary of labor to exempt contracts by April 10 and November 20 of each Vietnam Era Veterans year. from the Walsh-Healey Public Contracts 422.1303 Waivers. Act pursuant to FAR 22.604–2(c). A Subpart 419.5ÐSet-asides for Small 422.1306 Complaint procedures. written finding justifying the request for Business Subpart 422.14ÐEmployment of the exemption shall be prepared for the Handicapped Assistant Secretary’s signature and 419.508 Solicitation provisions. submitted by the HCA to the Senior The contracting officer shall insert the 422.1403 Waivers. Procurement Executive (SPE) for referral provision at 452.219–70, Size Standard 422.1406 Complaint procedures. to the Assistant Secretary. and SIC Code Information, in Authority: 5 U.S.C. 301 and 40 U.S.C. 422.608 Procedures. solicitations that are set aside for small 486(c). businesses. Subpart 422.1ÐBasic Labor Policies 422.608±4 Award pending final determination. Subpart 419.6ÐCertificates of 422.103 Overtime. The HCA is delegated authority to Competency and Determinations of 422.103–4 Approvals. approve the contracting officer’s Eligibility Requests for the use of overtime shall certification for award required by FAR 22.608–4. 419.602 Procedures. be approved by an acquisition official at 419.602±1 Referral. a level above the contracting officer in Subpart 422.8ÐEqual Employment accordance with the procedures in FAR Opportunity Contracting officers shall refer 22.103–4 (a) and (b). determinations of non-responsibility 422.803 Responsibilities. regarding small businesses directly to Subpart 422.3ÐContract Work Hours The contracting office shall submit the SBA Regional Office servicing the and Safety Standards Act questions involving the applicability of location where the contractor’s office Executive Order 11246 and FAR subpart (home) is located. 422.302 Liquidated damages and overtime 22.8 through the HCA to the SPE for pay. 419.602±3 Resolving differences between resolution. the agency and the Small Business Heads of contracting activities 422.804 Affirmative action programs. Administration. (HCA’s) are authorized to review The HCA is authorized to file the determinations of liquidated damages 422.804±2 Construction. formal appeal with the Small Business due under section 104(c) of the Contract The HCA shall ensure that each Administration’s Central Office as Work Hours and Safety Standards Act, contracting office, awarding nonexempt provided by FAR 19.602–3(c). and to take remedial action, if construction contracts, maintains a appropriate, in accordance with FAR current listing of covered geographical PART 422ÐAPPLICATION OF LABOR 22.302(c). Contractors or subcontractors areas subject to affirmative action LAWS TO GOVERNMENT may request review of administrative requirements specifying goals for ACQUISITIONS determinations of liquidated damages minorities and women in covered by written notice to the contracting construction trades. Subpart 422.1ÐBasic Labor Policies officer. The contracting officer shall 422.807 Exemptions. Sec. promptly forward appeals of liquidated 422.103 Overtime. (a) The Assistant Secretary for 422.103–4 Approvals. damages determinations to the HCA. Administration is authorized to make 53660 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations the determination in FAR 22.807(a)(1) Subpart 423.2ÐEnergy Conservation Subpart 423.2ÐEnergy Conservation that a contract is essential to the 423.203 Policy. national security. 423.203 Policy. Subpart 423.4ÐUse of Recovered Materials (b) The contracting officer shall In the acquisition of products and submit requests for exemptions under 423.400 Scope of subpart. services, USDA will give preference to FAR 22.807(a)(1), (a)(2), and (b)(5) 423.402 Definitions. those that are more energy-efficient. through the HCA to the SPE for 423.404 Procedures. Subpart 423.4ÐUse of Recovered determination by the Assistant Secretary 423.404–70 Acquisition, Recycling, and Waste Prevention Program (AR&WPP). Materials of Administration or referral to the Director, Office of Federal Contract Subpart 423.5ÐDrug-Free Workplace 423.400 Scope of subpart. Compliance Programs (OFCCP), as 423.506 Suspension of payments, This subpart implements and appropriate. termination of contract, and debarment supplements FAR policies and and suspension actions. Subpart 422.13ÐSpecial Disabled and procedures for acquiring products and Vietnam Era Veterans Subpart 423.6ÐNotice of Radioactive services when preference is given to Material offers of products containing recovered 422.1303 Waivers. 423.601 Requirements. materials. This subpart further supplements FAR subpart 23.4 by (a) The Assistant Secretary for Subpart 423.7ÐContracting for Administration is authorized to make providing guidance for recycling and Environmentally Preferable and Energy- waste prevention programs in the waiver determinations under FAR Efficient Products and Services 22.1303(a) and FAR 22.1303(b) with accordance with Executive Order 12873 423.704 Policy. concurrence of the Director, OFCCP. and 42 U.S.C. 6962. Authority: 5 U.S.C. 301 and 40 U.S.C. (b) The contracting office shall submit 486(c). 423.402 Definitions. requests for waivers through the HCA to Mission areas are USDA the SPE for determination by the Subpart 423.1ÐPollution Control and organizational elements headed by an Assistant Secretary for Administration. Clean Air and Water Undersecretary or an Assistant 422.1306 Complaint procedures. Secretary. 423.101 Applicability. USDA Acquisition, Recycling, and The contracting officer shall forward Waste Prevention Program, issued by complaints received about the In addition to the requirement in FAR 23.101, this subpart applies to the USDA Environmental Executive, administration of the Vietnam Era provides implementing guidance for Veterans Readjustment Assistance Act indefinite-delivery contracts, other than those for commercial items, when the Departmental affirmative procurement, directly to the Department of Labor recycling, and waste reduction. (DoL) as prescribed in FAR 22.1306. contracting officer estimates that the contract will exceed $100.000. The USDA Environmental Executive Subpart 422.14ÐEmployment of the is the Deputy Assistant Secretary for 423.103 Policy. Handicapped Administration. The head of the contracting activity 423.404 Procedures. 422.1403 Waivers. (HCA) shall establish a system of (a) The dollar thresholds described in (a) The Assistant Secretary for instructions to make available to each FAR 23.404(a) apply to USDA as a Administration is authorized to make contracting officer the EPA List of whole. the waiver determinations under FAR Violating Facilities and to ensure the (b) EPA designated items. The 22.1403(a) and (b) with concurrence of contracting officer reviews the list prior officials identified as Acquisition, the Director, OFCCP. to each proposed award. Recycling, and Waste Prevention (b) The contracting officer shall 423.104 Exemptions. Program (AR&WPP) Coordinators are submit requests for waivers through the authorized to approve determinations to HCA to the SPE for determination by the (a) The Assistant Secretary for buy EPA designated items which do not Assistant Secretary for Administration. Administration is authorized to grant an meet EPA or USDA minimum recovered 422.1406 Complaint procedures. exemption described in FAR 23.104. material content standards. (c) Agency designated items. The The contracting officer shall forward (b) The Senior Procurement Executive (SPE) is authorized to consult with the USDA Environmental Executive may, complaints received about the without further publication in this administration of Section 503 of the EPA Administrator regarding a proposed class exemption. chapter, designate items or classes of Rehabilitation Act of 1973, as amended, items containing recovered material to directly to the OFCCP as prescribed in 423.106 Delaying award. be acquired under the procedures in FAR 22.1406. Prior to notifying EPA, the contracting FAR 23.4 and this subpart. PART 423ÐENVIRONMENT, officer shall advise the SPE of the need 423.404±70 Acquisition, Recycling, and CONSERVATION, OCCUPATIONAL to award before the requested time Waste Prevention Program (AR&WPP). SAFETY, AND DRUG-FREE period expires. (a) Applicability. The AR&WPP WORKPLACE 423.107 Compliance responsibilities. applies to all USDA organizations; i.e., Subpart 423.1ÐPollution Control and Clean USDA mission areas, USDA Air and Water The HCA is authorized to notify the corporations (as described in 31 U.S.C. Administrator of EPA of known or 9101), and USDA staff offices not Sec. 423.101 Applicability. suspected noncompliance with clean air included within a mission area. 423.103 Policy. or water standards in facilities used in (b) Authority. The AR&WPP has been 423.104 Exemptions. performing nonexempt contracts. A established to comply with the 423.106 Delaying award. copy of the notification is to be requirements of Executive Order 12873 423.107 Compliance responsibilities. provided to the SPE. to coordinate all environmental Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53661 programs in the areas of procurement acquisition system to reduce waste by PART 424ÐPROTECTION OF PRIVACY and acquisition, standards and eliminating unnecessary paper AND FREEDOM OF INFORMATION specification review, facilities transactions and to foster accurate data management, waste prevention and collection and reporting of acquisitions. Subpart 424.1ÐProtection of Individual Privacy recycling, and logistics. (4) Each USDA organization will (c) Responsibilities. (1) Each USDA establish an affirmative procurement Sec. organization will identify one or more 424.103 Procedures. program specifically for the needs and 424.104 Contract clauses. AR&WPP Coordinators in writing to requirements of its own organization, to represent the mission area, serve on the maximize environmental benefits, Subpart 424.2ÐFreedom of Information Act Council of Coordinators, and work in consistent with price, performance, and 424.202 Policy. conjunction with the USDA availability considerations. Authority: 5 U.S.C. 301 and 40 U.S.C. Environmental Executive. 486(c). (2) Each USDA organization (5) Each USDA organization will periodically will conduct an audit ensure that the on-going inspection and production surveillance systems in Subpart 424.1ÐProtection of Individual (survey or inventory) of the waste Privacy stream generated by the organization. place will monitor the production or the The goals of the audit are: testing of goods and services to verify 424.103 Procedures. (i) To identify and measure the the recovered material contents USDA regulations implementing the elements of waste generated in its reported. Privacy Act are found in 7 CFR, subtitle operations; (6) Each USDA organization will A, part 1, subpart G. Contracting officers (ii) To identify processes, equipment, include shall follow these regulations when techniques, or materials which generate (i) Requirements in contracts for responding to requests for information waste in energy or materials; contractor operation of Government- or awarding contracts that will involve (iii) To identify actions which can be owned or leased facilities to provide for the design, development, or operation of taken to reduce and to recycle or recover waste prevention activities and the a system of records on individuals to the wastes generated; and recycling of materials and (iv) To assign time frames to accomplish agency functions. (ii) Environmental and recycling accomplish those actions. 424.104 Contract clauses. (3) Each USDA organization will factors in the selection process for the implement an avoidance or recovery or acquisition and management of real When applicable, the contracting recycling program based on the results property. officer shall insert the clause at 452.224–70, Confidentiality of of the waste stream audit. Subpart 423.5ÐDrug-Free Workplace (4) Each USDA organization will Information, in contracts involving implement a plan to install on-going 423.506 Suspension of payments, confidential information. waste prevention techniques. termination of contract, and debarment and (5) Each USDA organization will suspension actions. Subpart 424.2ÐFreedom of Information Act ensure that responsibility for (a) The contracting officer may preparation, implementation, and recommend waiver of the determination 424.202 Policy. monitoring of its affirmative to suspend payments, to terminate a procurement program is shared between USDA regulations implementing the contract, or to debar or to suspend a Freedom of Information Act are found program personnel and procurement contractor. personnel. in 7 CFR, subtitle A, part 1, subpart A. (6) Each USDA organization will (b) The recommendation shall be Contracting officers shall follow these establish measurable goals by which the submitted through the HCA to the SPE regulations when responding to requests effectiveness of its participation in and shall include a full description of for information or awarding contracts AR&WPP can be assessed on an annual the disruption of USDA operations that will involve the design, basis. should the determination not be waived. development, or operation of a system (7) Each USDA organization will (c) The SPE will submit the request of records on individuals to accomplish sponsor annual awards to recognize the for a waiver to the Secretary with a agency functions. most innovative environmental program recommendation for action. of the year. PART 425ÐFOREIGN ACQUISITION Subpart 423.6ÐNotice of Radioactive (d) Acquisition and administration. Subpart 425.1ÐBuy American ActÐ (1) Each USDA organization will Material Supplies annually review its product descriptions 423.601 Requirements. Sec. to enhance the use of recovered 425.102 Policy. materials and environmentally The HCA shall establish a system of 425.105 Evaluating offers. preferable products and services by instructions to identify the installation/ 425.108 Expected articles, materials and eliminating from the product facility radiation protection officer. supplies. description: (i) Any exclusion of recovered Subpart 423.7ÐContracting for Subpart 425.2ÐBuy American ActÐ Construction Materials materials, and Environmentally Preferable and (ii) Any requirement that items be Energy-Efficient Products and 425.202 Policy. manufactured from virgin materials. Services 425.203 Evaluating offers. (2) Each USDA organization will 425.204 Violations. 423.704 Policy. create a promotion program to internally Subpart 425.3ÐBalance of Payments and externally promote its desire to buy In its acquisitions, USDA will give Program recycled products. preference to environmentally 425.302 Policy. (3) Each USDA organization will preferable and energy-efficient products 425.304 Excess and near-excess foreign implement the USDA electronic and services. currencies. 53662 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

Subpart 425.4ÐTrade Agreements American Act—Construction Material, is the Secretary without power of 425.402 Policy. to the Department Debarring Officer for redelegation. possible debarment action. Subpart 425.9ÐAdditional Foreign PART 428ÐBONDS AND INSURANCE Acquisition Clauses Subpart 425.3ÐBalance of Payments 425.901 Omission of audit clause. Program Subpart 428.1ÐBonds Subpart 425.10ÐImplementation of 425.302 Policy. Sanctions Against Countries That Sec. Discriminate Against United States The HCA shall make the 428.101 Bid guarantees. Products or Services in Government determinations prescribed in FAR 428.101–1 Policy on use. Procurement 25.302(b)(2) and (3) and may authorize 428.106 Administration. 428.106–6 Furnishing information. 425.1002 Trade sanctions. differentials greater than 50 percent as Authority: 5 U.S.C. 301 and 40 U.S.C. prescribed in FAR 25.302(c). Subpart 428.2ÐSureties 486(c). 425.304 Excess and near-excess foreign 428.203 Acceptability of individual Subpart 425.1ÐBuy American ActÐ currencies. sureties. Supplies 428.204 Alternatives in lieu of corporate or HCA’s shall make the determinations individual sureties. 425.102 Policy. as to the feasibility of using excess or 428.204–2 Certified or cashier’s checks, near-excess currency. bank drafts, money orders, or currency. The Senior Procurement Executive (SPE) shall make the determination Subpart 425.4ÐTrade Agreements Subpart 428.3ÐInsurance prescribed in FAR 25.102(a)(3). 428.307 Insurance under cost- 425.402 Policy. reimbursement contracts. 425.105 Evaluating offers. Whenever the U.S. Trade 428.307–1 Group insurance plans. The SPE shall make the Representative publishes a 428.310 Contract clause for work on a determinations prescribed in FAR redetermination of the dollar threshold Government installation. 25.105. Requests for SPE approval shall at which the Trade Agreements Act 428.370 Government-owned vehicles be submitted by the HCA, in writing, operated in foreign countries. applies, that dollar threshold will be and shall provide a detailed justification published in a Departmental Notice, Authority: 5 U.S.C. 301 and 40 U.S.C. supporting why the proposed award is 5025 series. 486(c). in the best interest of the Government. Subpart 428.1ÐBonds 425.108 Excepted articles, materials, and Subpart 425.9ÐAdditional Foreign supplies. Acquisition Clauses 428.101 Bid guarantees. (a) Copies of determinations of 425.901 Omission of audit clause. nonavailability in accordance with FAR 428.101±1 Policy on use. The SPE shall make the determination 25.102(a)(4) or 25.202(a)(3), for articles, The Senior Procurement Executive under FAR 25.901(c)(1). material or supplies not listed in FAR may authorize class waivers of the 25.108, shall be submitted to the SPE for Subpart 425.10ÐImplementation of requirement to obtain bid guarantees. submission to the FAR Council. Sanctions Against Countries That (b) Information required by FAR 428.106 Administration. Discriminate Against United States 25.108(c) shall be submitted to the SPE Products or Services in Government 428.106±6 Furnishing information. for submission to the FAR Council. Procurement Heads of contracting activities Subpart 425.2ÐBuy American ActÐ 425.1002 Trade sanctions. (HCA’s) or their designees may furnish Construction Materials The Secretary, without power of certified copies of bonds and the 425.202 Policy. redelegation, has the authority to make contracts for which they were given as the necessary determination(s) and provided by FAR 28.106–6(c). The SPE shall make the determination Requesters may be required to pay costs prescribed in FAR 25.202(a)(2). authorize award(s) of contract(s) in accordance with FAR 25.1002(c). of certification and copying established 425.203 Evaluating offers. by the Departmental Fee Schedule for SUBCHAPTER EÐGENERAL records requests (7 CFR part 1, subpart (a) The SPE may determine that the CONTRACTING REQUIREMENTS use of a particular domestic A, appendix A). construction material would be PART 427ÐPATENTS, DATA AND Subpart 428.2ÐSureties impracticable or would unreasonably COPYRIGHTS increase the cost of the contract. 428.203 Acceptability of individual (b) If a contracting officer proposes Subpart 427.1ÐGeneral sureties. that the use of a particular domestic Sec. construction material should be waived 427.104 General guidance. Evidence of possible criminal or fraudulent activities by an individual for a contract, the contracting officer Authority: 5 U.S.C. 301 and 40 U.S.C. shall submit the proposed award and 486(c). surety shall be reported to the Office of the information prescribed in FAR Inspector General in accordance with 25.203(b) through the HCA to the SPE Subpart 427.1ÐGeneral Departmental Regulations (1700 series). for approval or disapproval. 427.104 General guidance 428.204 Alternatives in lieu of corporate or individual sureties. 425.204 Violations. As used in FAR part 27, the agency Contracting officers shall, in head or agency head designee is the HCA’s shall establish procedures to accordance with the debarment Senior Procurement Executive, except ensure protection and conveyance of procedures prescribed in 409.4, refer all under FAR 27.306(a) and (b). Under deposited securities of the types listed violations of FAR clause 52.225–5, Buy FAR 27.306(a) and (b), the agency head in FAR 28.204–1 through 28.204–3. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53663

428.204±2 Certified or cashier's checks, Subpart 430.2Ð-CAS Program (b) The SPE is designated as the bank drafts, money orders, or currency. Requirements official authorized to give advance approval of a class deviation concerning The contracting officer shall insert the 430.201 Contract requirements. provision at 452.228–70, Alternative cost principles after coordination with Forms of Security, in a solicitation if a 430.201±5 Waiver. the Civilian Agency Acquisition Council. bond is required. The Senior Procurement Executive (SPE), without the authority to further (c) Requests for advance approval of Subpart 428.3ÐInsurance redelegate, is authorized to request the class deviations concerning cost principles must be submitted to the SPE 428.307 Insurance under cost- Cost Accounting Standards Board to reimbursement contracts. waive the application of the Cost through the HCA. Accounting Standards (CAS). PART 432ÐCONTRACT FINANCING 428.307±1 Group insurance plans. Contracting officers shall prepare waiver Under cost-reimbursement contracts, requests in accordance with 48 CFR Sec. before buying insurance under a group chapter 99 (Appendix B, FAR loose-leaf 432.001 Definitions. insurance plan, the contractor shall edition), subsection 9903.201–5, and 432.003 Simplified acquisition procedures financing. submit the plan to the contracting submit them to the SPE through the head of the contracting activity (HCA). 432.006 Reduction or suspension of officer for review. During review, the contract payments upon finding of fraud. contracting officer shall use all sources 430.202 Disclosure requirements. 432.006–2 Definitions. of information available, such as audits, 432.006–3 Responsibilities. industry practice, or other sources of 430.202±2 Impracticality of submission. 432.006–4 Procedures. information, to determine whether (a) The Secretary, without the power 432.006–5 Reporting. acceptance of the plan submitted would to delegate, is authorized to determine, Subpart 432.1ÐNon-Commercial Item be in the Government’s best interest. in accordance with FAR part 99 Purchase Financing (Appendix B), subsection 9903.202–2, 432.102 Description of contract financing 428.310 Contract clause for work on a that the Disclosure Statement is Government installation. methods. impractical to secure and to authorize 432.103 Progress payments under The contracting officer shall insert the award without obtaining the Disclosure construction contracts. clause at 452.228–71, Insurance Statement. 432.111 Contract clauses for non- Coverage, in solicitations and contracts (b) The request for this determination commercial purchases. which include the clause at FAR is to be prepared in accordance with 432.113 Customary contract financing. 52.228–5, Insurance—Work on a FAR part 99 (Appendix B), subsection 432.114 Unusual contract financing. Government Installation. If property 9903.202–2 and is to contain the Subpart 432.2ÐCommercial Item Purchase liability insurance is required, the proposed report to the CASB. Financing contracting officer shall use the clause (c) Requests for a determination under 432.202 General. with its Alternate I. paragraph (a) of this section shall be 432.202–1 Policy. prepared by the contracting officer and 432.202–4 Security for Government 428.370 Government-owned vehicles financing. operated in foreign countries. submitted through the HCA to the SPE for concurrence and submittal to the 432.206 Solicitation provisions and USDA is authorized to obtain Secretary. contract clauses. insurance to cover liability incurred by 432.207 Administration and payment of commercial financing payments. any of its employees while acting within 430.202±8 Subcontractor Disclosure the scope of their employment and Statements. Subpart 432.3ÐLoan Guarantees for operating a Government-owned vehicle (a) The Secretary, without the power Defense Production in a foreign country. (7 U.S.C. 2262). to redelegate, is authorized to determine 432.301 Definitions. that the Disclosure Statement for a PART 430Ð-COST ACCOUNTING subcontractor is impractical to secure Subpart 432.4ÐAdvance Payments for Non- Commercial Items STANDARDS ADMINISTRATION and to authorize award without obtaining the Disclosure Statement. 432.402 General. Sec. (b) Requests for this determination are 432.406 Letters of credit. 430.070 Definitions. 432.407 Interest. to be prepared and forwarded as 432.412 Contract clause. described in 430.202–2. Subpart 430.2Ð-CAS Program Subpart 432.6ÐContract Debts Requirements PART 431ÐCONTRACT COST 432.601 Definition. 430.201 Contract requirements. PRINCIPLES AND PROCEDURES 432.616 Compromise actions. 430.201–5 Waiver. Subpart 431.1ÐApplicability Subpart 432.7ÐContract Funding 430.202 Disclosure requirements. Sec. 432.703 Contract funding requirements. 430.202–2 Impracticality of submission. 431.101 Objectives. 432.703–3 Contracts crossing fiscal years. 430.202–8 Subcontractor Disclosure 432.770 USDA specific funding limitations. Statements. Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c). Authority: 5 U.S.C. 301 and 40 U.S.C. Subpart 432.8ÐAssignment of Claims 486(c). Subpart 431.1ÐApplicability 432.802 Conditions. 432.803 Policies. 430.070 Definitions. 431.101 Objectives. 432.805 Procedure. 432.806 Contract clauses. ACO, as used in this part and in FAR (a) The SPE is designated as the part 30, means administrative official authorized to give advance Subpart 432.9ÐPrompt Payment contracting officer as described in FAR approval of an individual deviation 432.905 Invoice payments. part 42. concerning cost principles. 432.906 Contract financing payments. 53664 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

Subpart 432.10ÐPerformance-Based (d) Immediately upon completion of Subpart 432.1ÐNon-commercial Item Payments the OIG investigation (or, if deemed Purchase Financing 432.1007 Administration and payment of necessary by the OIG and the SPE, performance-based payments. before completion of the investigation) 432.102 Description of contract financing Authority: 5 U.S.C. 301 and 40 U.S.C. the SPE, in coordination with the HCA, methods. 486(c). the contracting officer, and the OIG, Progress payments based on a percentage or stage of completion are 432.001 Definitions. shall make a report on the action to the RCO. authorized for use as a payment method The agency contract finance office is (e) Upon receipt of the report, the under USDA contracts or subcontracts the office, other than the office of the for construction, alteration or repair, RCO will submit a recommendation to requisitioner, providing funding or and shipbuilding and conversion. Such the Secretary. performing funding record keeping for payments also are authorized for service the contract action. (f) Upon receipt of the RCO’s report contracts, if the contracting officer Responsible fiscal authority is that the Secretary will: determines that progress payments officer in the agency contract finance based on costs are not practicable and office with the responsibility to ensure (1) Notify the contractor in writing, that adequate funds are available and allowing 30 calendar days after receipt adequate safeguards are provided to usable for the intended purpose. of the notice, that the contractor may administer progress payments based on submit in writing information and a percentage or stage of completion. For 432.003 Simplified acquisition procedures arguments in opposition to the all other contracts, progress payment financing. recommendation; and provisions shall be based on costs except that the HCA may authorize (a) The chief of the contracting office (2) Consider the RCO’s progress payments based on a may approve contract financing on a recommendation, the SPE’s report, the contract to be entered under the percentage or stage of completion on a response of the contractor, and any simplified acquisition procedures. Class case-by-case basis. Each authorization other relevant information in order to approvals may not be made. by the HCA shall include a make an appropriate final (b) The signed approval must contain determination and finding that progress determination. the supporting rationale for the action payments based on costs cannot be and an estimate of the cost and/or risk (g) This determination will be employed practically and that there are to the government. provided to the contractor and to the adequate safeguards provided for the SPE for distribution to the agencies administration of progress payments 432.006 Reduction or suspension of involved and for appropriate action contract payments upon finding of fraud. based on a percentage or stage of under the determination. completion. 432.006±2 Definitions. (h) The determination and the 432.103 Progress payments under (a) The USDA remedy coordination supporting documentation will be construction contracts. official (RCO) is the Assistant Secretary placed in the contract file(s) and a copy for Administration. will be maintained by the SPE. (a) When approving a progress (b) For the purposes of this part, head payment under a construction contract, (i) The contracting officer will advise the contracting officer shall indicate the of the agency means, exclusively, the the SPE of the actual date of the Secretary or the Deputy Secretary. amount to be paid by the payment office reduction or suspension action. and include in the contract file the 432.006±3 Responsibilities. (j) Not later than 150 calendar days rationale in support of the payment. When a contracting officer suspects after the actual date of the reduction or (b) When a retainage is made on a that a request for advance, partial, or suspension action, the SPE will prepare progress payment under a construction progress payment is based on fraud, the for the RCO a review of the agency contract, the contracting officer shall request shall be referred directly to the head’s determination, and will propose place in the contract file a written Office of Inspector General (OIG) in a recommendation from the RCO to the determination stating the reason(s) for accordance with their instructions. A agency head as to whether the reduction the retainage. copy of the referral shall be submitted or suspension action should continue. (c) When a progress payment under a through the head of the contracting The RCO will submit the construction contract has been activity (HCA) to the Senior recommendation (including a approved, the amount to be paid, the Procurement Executive (SPE). recommendation for the time period of amount of any retainage withheld, and a follow up review) to the agency head. 432.006±4 Procedures. the reason(s) for the retainage shall be This recommendation will be provided to the contractor by the (a) Immediately upon submittal of the considered by the Secretary and referral described in 432.006–3, the contracting officer in writing before the handled as a final action described in payment due date. HCA and the contracting officer shall paragraph (f) of this section. confer with the SPE and representatives (d) When the contractor, under a of the OIG to discuss the potential for (k) The contract may not be closed nor fixed-price construction contract, reduction or suspension of further final payment made prior to a final furnishes evidence to the contracting payments based on the considerations determination by the Secretary. officer that the surety has been paid in full for bond premiums and requests listed in FAR 32.006–4(d) (1) through 432.006±5 Reporting. (5). reimbursement, the first subsequent (b) The SPE will determine whether The annual report required by FAR progress payment shall include the total the contractor has contracts with other 32.006–5 is to be prepared by the SPE amount attributable to such bond Departments or contracting activities and to be submitted to the Secretary premiums and the Government shall and will involve them, as necessary, in within 90 calendar days after the end of pay that amount in full. This amount the decision making process. the fiscal year. When signed by the paid for the bond premiums is not an (c) The OIG will determine the need Secretary, the report is to be maintained amount in addition to the stated for and the extent of an investigation. by the SPE. contract price. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53665

432.111 Contract clauses for non- Subpart 432.4ÐAdvance Payments for in excess of limitations prescribed commercial purchases. Non-commercial Items therein (7 U.S.C. 2258).

The contracting officer shall insert the 432.402 General. (b) The expenditure of any USDA clause at 452.232–1, Reimbursement for appropriation for any consulting service Bond Premiums—Fixed Price The HCA is designated as the through any contract, pursuant to Construction Contracts, whenever the individual responsible for making the section 3109 of Title 5 of the U.S. Code clause at FAR 52.232–5, Payments findings and determination, and for shall be limited to those contracts where under Fixed-Price Construction approval of the contract terms such expenditures are a matter of public Contracts, is used in a contract. concerning advance payments. record and available for public inspection, except where otherwise 432.113 Customary contract financing. 432.406 Letters of credit. provided under existing law, or under The contracting officer may determine The HCA is designated as the existing Executive Order issued the necessity for customary contract individual responsible for coordination pursuant to existing law (7 U.S.C. financing. The determination and with the Department of Treasury 2225a). finding that customary contract concerning letters of credit. financing is needed shall be placed in 432.407 Interest. Subpart 432.8ÐAssignment of Claims the contract file. (a) The HCA is designated as the 432.802 Conditions. individual who may authorize, on a case 432.114 Unusual contract financing. Written notices of assignment and a by case basis, advance payments true copy of the assigned instrument are The HCA is authorized to approve without interest for the contract types to be sent to the contracting officer unusual contract financing. The signed described in FAR 32.407(d)(1), (2), (3), rather than the agency head. Other determination and finding supporting and (4). The signed determination and copies are distributed as directed in this approval shall be included in the findings supporting these authorizations FAR 32.802. contract file. shall be included in the contract files. Subpart 432.2ÐCommercial Item (b) The SPE is designated as the 432.803 Policies. individual who may authorize advance Purchase Financing The HCA may make a determination payments without interest other than of need to include a no-setoff 432.202 General. those described in paragraph (a) of this commitment in a contract. section. 432.202±1 Policy. 432.805 Procedure. In the case of unusual contract 432.412 Contract clause. financing, the approval by the HCA The decision to use Alternates I or III The information described in FAR shall be recorded in a determination and to clause 52.232–12 must be supported 32.805 shall be filed with the finding and maintained in the contract by a determination and finding. contracting officer. file. Subpart 432.6ÐContract Debts 432.806 Contract clauses. 432.202±4 Security for Government The contracting officer may make the 432.601 Definition. financing. determination whether to include the Prior to determining that an offeror’s Responsible official means the clause at FAR 52.232–23 in any financial condition is adequate security, contracting officer. purchase order expected to exceed the the contracting officer must obtain the 432.616 Compromise actions. micro-purchase threshold. concurrence of the funding activity in the proposed determination. Compromise of a debt within the Subpart 432.9ÐPrompt Payment proceedings under appeal to the Board 432.206 Solicitation provisions and of Contract Appeals is the responsibility 432.905 Invoice payments. contract clauses. of the contracting officer. The payment terms for supplies and services on the Procurement List and The responsibility for administration Subpart 432.7ÐContract Funding of the liquidation provisions of a provided by a Javits-Wagner-O’Day Act contract may not be transferred from the 432.703 Contract funding requirements. participating nonprofit agency are contracting officer. governed by FAR 8.709. 432.703±3 Contracts crossing fiscal years. 432.906 Contract financing payments. 432.207 Administration and payment of Funds appropriated to USDA may be commercial financing payments. used for one-year contracts which are to The HCA may prescribe, on a case-by- The responsibility for receiving, be performed in two fiscal years so long case basis, a shorter period for financing reviewing, and approval of contract as the total amount for such contracts is payments. financing requests may not be obligated in the year for which the transferred from the contracting officer. funds are appropriated (7 U.S.C. 2209c). Subpart 432.10ÐPerformance-Based Payments Subpart 432.3ÐLoan Guarantees for 432.770 USDA specific funding limitations. Defense Production 432.1007 Administration and payment of (a) The USDA is authorized to performance-based payments. subscribe for newspapers as may be 432.301 Definitions. necessary to carry out its authorized The responsibility for receiving, Within this subpart, the ‘‘agency’’ or work: Provided, that such subscriptions reviewing, and approval of ‘‘guaranteeing agency’’ is the ‘‘head of shall not be made unless provision is performance-based payment requests the contracting activity’’ (HCA) and may made therefor in the applicable may not be transferred from the not be redelegated. appropriation and the cost thereof is not contracting officer. 53666 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

PART 433ÐPROTESTS, DISPUTES 433.203±70 Agriculture Board of Contract Acquisition Executive. The ASA will AND APPEALS Appeals. ensure that A–109 is implemented in The organization, jurisdiction, and USDA and that the management Subpart 433.1ÐProtests functions of the Agriculture Board of objectives of the Circular are realized. Sec. Contract Appeals, together with its The ASA is responsible for designating 433.102 General. Rules of Procedure, are set out in 7 CFR the program manager for each major 433.103 Protests to the agency. part 24. system acquisition, designating an 433.104 Protests to GAO. 433.209 Suspected fraudulent claims. acquisition to be a major system Subpart 433.2ÐDisputes and Appeals acquisition, and approving the written The contracting officer shall refer all 433.203 Applicability. charter and project control system for matters related to suspected fraudulent each major system acquisition. 433.203–70 Agriculture Board of Contract claims by a contractor under the Appeals. (c) The Procurement and Property 433.209 Suspected fraudulent claims. conditions in FAR 33.209 to the Office of Inspector General for additional Management staff is responsible for Authority: 5 U.S.C. 301 and 40 U.S.C. action or investigation. assisting the ASA in carrying out the 486(c). above responsibilities. SUBCHAPTER FÐSPECIAL CATEGORIES (d) Heads of contracting activities Subpart 433.1ÐProtests OF CONTRACTING must: 433.102 General. PART 434ÐMAJOR SYSTEM (1) Ensure compliance with the (a) The Senior Procurement Executive ACQUISITION requirements of A–109, FAR part 34 and (SPE) is responsible for coordinating the AGAR 434. handling of bid protests lodged with the Subpart 434.0ÐGeneral (2) Ensure that potential major system General Accounting Office (GAO). Sec. acquisitions are brought to the attention (b) The head of the contracting 434.001 Definitions. of the USDA Acquisition Executive. activity (HCA), on a non-delegable basis, 434.002 Policy. (3) Recommend qualified candidates 434.003 Responsibilities. may resolve protests and authorize 434.004 Acquisition strategy. for designation as program managers for reimbursement of costs in accordance 434.005 General requirements. each major system acquisition within with FAR 33.102(b). 434.005–6 Full production. their jurisdiction. (4) Ensure that program managers 433.103 Protests to the agency. Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c). fulfill their responsibilities and (a) Actual or prospective bidders or discharge their duties. offerors may file protests either with the Subpart 434.0ÐGeneral (5) Cooperate with the ASA in HCA, as provided by 433.102(b), or with 434.001 Definitions. implementing the requirements of A– the contracting officer. Protesters who 109. file protests with the HCA shall furnish Pursuant to OMB Circular No. A–109 (A–109) and the definition at FAR (e) The program manager is a complete copy to the contracting responsible for planning and executing officer no later than 1 day after the 34.001, within USDA, a system shall be considered a major system if: the major system acquisition, ensuring protest is filed with the HCA. appropriate coordination with the (b) When a protest is received, the (a) The total acquisition costs with private industry are estimated to be $50 USDA Acquisition Executive and other adjudicating official shall take prompt key USDA executives. action towards resolution and notify the million or more, or protester in writing of the action taken. (b) The system has been specifically 434.004 Acquisition strategy. designated to be a major system by the The written final decision shall include (a) The program manager will a paragraph substantially as follows: USDA Acquisition Executive, even if the acquisition costs are not expected to develop, in coordination with the This decision shall be final and conclusive exceed $50 million. Acquisition Executive, a written charter unless a further written notice of protest is outlining the authority, responsibility, filed with the General Accounting Office in 434.002 Policy. accountability, and budget for accordance with 4 CFR part 21. Neither the In addition to the policy guidance at accomplishing the proposed objective. filing of a protest with USDA nor the filing FAR 34.002, the policies outlined in (b) The program manager will of a protest with the General Accounting Office affects your right to file an action in paragraph 6 of A–109 should serve as develop, subject to the approval of the a district court of the United States or the guidelines for all contracting activities Acquisition Executive, a project control United States Court of Federal Claims. in planning and developing systems, system to schedule, monitor, and major or otherwise. regularly report on all aspects of the 433.104 Protests to GAO. project. The control system shall 434.003 Responsibilities. The contracting activity shall furnish establish reporting periods and a copy of all reports submitted to the (a) The Secretary of Agriculture or milestones consistent with the key GAO, including all relevant documents, other designated USDA key executive is decisions listed in paragraph 9 of A– to the SPE simultaneously with their responsible for making four key 109. submission to the GAO. decisions in each major system (c) Upon initiation of the project, the acquisition process. These are listed in program manager will report regularly Subpart 433.2ÐDisputes and Appeals paragraph 9 of A–109 and elaborated on to the Acquisition Executive. in paragraphs 10 through 13. The key 433.203 Applicability. executives of USDA (Secretary, Deputy 434.005 General requirements. The Assistant Secretary for Secretary, Under Secretaries and Administration is authorized to Assistant Secretaries) individually or as 434.005±6 Full production. determine the applicability of the a group will participate in this decision The Secretary or the USDA key Contract Disputes Act to contracts with making process. executive designated by the Secretary foreign governments pursuant to FAR (b) The Assistant Secretary for for the specific program is the agency 33.203. Administration (ASA) is the USDA head for the purposes of FAR 34.005–6. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53667

PART 435ÐRESEARCH AND 436.605 Government cost estimate for contracting officer shall insert the DEVELOPMENT CONTRACTING architect-engineer work. provision at 452.236–70, Additive or 436.609 Contract clauses. Deductive Items, in solicitations for Sec. 436.609–1 Design within funding construction. 435.010 Scientific and technical reports. limitations. 436.670 Firms ineligible for award— (b) In the alternative to the process in Authority: 5 U.S.C. 301 and 40 U.S.C. paragraph (a) of this section, the 486(c). construction. Authority: 5 U.S.C. 301 and 40 U.S.C. contracting officer may use the policies 435.010 Scientific and technical reports. 486(c). and procedures found in FAR 17.2. Research and development contracts Subpart 436.2ÐSpecial Aspects of 436.209 Construction contracts with shall contain a provision requiring that Contracting for Construction architect-engineer firms. the contractor send copies of all The head of the contracting activity scientific and technical reports to the 436.201 Evaluation of contractor (HCA) is authorized to approve the National Technical Information Service performance. award of a contract to construct a at the address indicated in FAR Preparation of performance project, in whole or in part, to the firm 35.010(b). The release of research and evaluation reports. In addition to the (inclusive of its subsidiaries or affiliates) development contract results to other requirements of FAR 36.201, that designed the project. government activities and to the private performance evaluation reports shall be sector is subject to the provisions of prepared for indefinite-delivery type Subpart 436.3ÐSpecial Aspects of FAR subpart 4.4. contracts when either the contract Sealed Bidding in Construction maximum or the contracting activity’s Contracting PART 436ÐCONSTRUCTION AND reasonable estimate of services to be ARCHITECT-ENGINEER CONTRACTS ordered exceeds $500,000.00. For these 436.302 Presolicitation notices. contracts, performance evaluation The authority to waive a Subpart 436.2ÐSpecial Aspects of reports shall be prepared for each order presolicitation notice is restricted to the Contracting for Construction at the time of final acceptance of the HCA. Sec. work under the order. 436.201 Evaluation of contractor Subpart 436.5ÐContract Clauses performance. 436.203 Government estimate of 436.203 Government estimate of construction costs. 436.500 Scope of subpart. construction costs. For acquisitions using sealed bid This subpart prescribes clauses for 436.204 Disclosure of the magnitude of procedures, the contracting officer may insertion in USDA solicitations and construction projects. disclose the overall amount of the contracts for construction and for 436.205 Statutory cost limitations. dismantling, demolition, or removal of 436.209 Construction contracts with Government’s estimate of construction architect-engineer firms. costs following identification of the improvements or structures. The responsive bid most advantageous to the contracting officer shall use the clauses Subpart 436.3ÐSpecial Aspects of Sealed Government; verification of that bid’s as prescribed, in contracts that exceed Bidding in Construction Contracting price reasonableness; and verification of the simplified acquisition threshold. 436.302 Presolicitation notices. the bidder’s responsibility. For The contracting officer may use the Subpart 436.5ÐContract Clauses acquisitions using other than sealed bid clauses if the contract amount is procedures (e.g., negotiation), the expected to be within the simplified 436.500 Scope of subpart. 436.571 Prohibition against the use of lead- contracting officer may disclose the acquisition threshold. based paint. overall amount of the estimate after contract award. 436.571 Prohibition against the use of 436.572 Use of premises. lead-based paint. 436.573 Archeological or historic sites. 436.204 Disclosure of the magnitude of 436.574 Control of erosion, sedimentation, The contracting officer shall insert the construction projects. and pollution. clause at 452.236–71, Prohibition 436.575 Maximum workweek-construction In the case of indefinite-delivery type Against the Use of Lead-Based Paint, in schedule. contracts, the reasonable estimate of solicitations and contracts, if the work 436.576 Samples and certificates. work to be done or the maximum in the involves construction or rehabilitation 436.577 Emergency response. solicitation, both including all options, (including dismantling, demolition, or 436.578 Standard specifications for is to be used to select the price range. removal) of residential structures. This construction of roads and bridges. Contracting officers may elect to use clause may be used in contracts for 436.579 Opted timber sale road both a price range for the base period of requirements. other than residential structures. services and the total, inclusive of Subpart 436.6ÐArchitect-Engineer Services options, to best describe the magnitude 436.572 Use of premises. 436.601 Policy of the solicitation. The contracting officer shall insert the 436.601–3 Applicable contracting clause at 452.236–72, Use of Premises, procedures. 436.205 Statutory cost limitations. if the contractor will be permitted to use 436.602 Selection of firms for architect- (a) When it appears that funds land or premises administered by engineer contracts. available for a project may be USDA. 436.602–1 Selection criteria. insufficient for all the desired features 436.602–2 Evaluation boards. of construction, the contracting officer 436.573 Archeological or historic sites. 436.602–3 Evaluation board functions. may provide in the solicitation for a The contracting officer shall insert the 436.602–4 Selection authority. base bid item covering the work clause at 452.236–73, Archeological or 436.602–5 Short selection process for contracts not to exceed the simplified generally as specified and for one or Historic Sites, if the contractor will be acquisition threshold. more additive or deductive bid items working in an area where such sites may 436.603 Collecting data on and appraising which progressively add or omit be found. Use of the clause is optional firms’ qualifications. specified features of the work in a stated in service contracts for on-the-ground 436.604 Performance evaluation. order of priority. In this case, the work, e.g. reforestation, silvicultural, 53668 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations land stabilization, or other agricultural- 436.602 Selection of firms for architect- ordered exceeds $25,000.00. For these related projects. engineer contracts. contracts, performance evaluation 436.602±1 Selection criteria. reports shall be prepared for each order 436.574 Control of erosion, sedimentation, at the time of final acceptance of the and pollution. The HCA is authorized to approve the work under the order. use of design competition under the The contracting officer shall insert the conditions in FAR 36.602–1(b). (b) The contracting officer may clause at 452.236–74, Control of require a performance evaluation report Erosion, Sedimentation and Pollution, if 436.602±2 Evaluation boards. on the work done by the architect- there is a need for applying HCA’s shall establish written engineer after the completion of or environmental controls in the procedures for providing permanent or during the construction of the designed performance of work. Use of the clause ad hoc architect-engineer evaluation project. is optional in service contracts for on- boards as prescribed in FAR 36.602–2. the-ground e.g., reforestation, 436.605 Government cost estimate for The procedures may provide for the architect-engineer work. silvicultural, land stabilization, or other appointment of private practitioners of agricultural-related projects. architecture, engineering, or related The contracting officer may release professions when such action is the Government’s total cost estimate in 436.575 Maximum workweek-construction accordance with FAR 36.605(b). schedule. determined by the HCA to be essential to meet the Government’s minimum 436.609 Contract clauses. The contracting officer shall insert the needs. clause at 452.236–75, Maximum 436.609±1 Design within funding Workweek-Construction Schedule, if the 436.602±3 Evaluation board functions. limitations. contractor’s work schedule is restricted The selection report required in FAR (a) Should the head of the contracting by access to the facility or must be 36.602–3(d) shall be prepared for the activity appoint a designee to make the coordinated with the schedule of approval of the HCA. The HCA may determination in FAR 36.609–1(c)(1), contract administration personnel. authorize an acquisition official above the appointment may be to one no lower the level of the contracting officer to 436.576 Samples and certificates. than the official authorized to commit execute the required approval. program funds for the work being The contracting officer shall insert the 436.602±4 Selection authority. acquired. clause at 452.236–76, Samples and (b) The contracting officer, with the Certificates, in all contracts. (a) The HCA shall serve as the selection authority in accordance with advice of appropriate technical 436.577 Emergency response. FAR 36.602–4. The HCA may authorize representatives, may make the determination in FAR 36.609–1(c)(2) or The contracting officer may insert the an acquisition official above the level of the contracting officer to serve as the (3). clause at 452.236–77, Emergency (c) A copy of the determinations Response, in construction contracts selection authority. (b) A copy of the final selection, described in paragraph (b) and (c) of this awarded for the Forest Service. inclusive of the supporting documents, section shall be maintained in the 436.578 Standard specifications for shall be provided to the contracting contract file. construction of roads and bridges. officer and maintained in the 436.670 Firms ineligible for awardÐ The contracting officer shall insert the solicitation file. construction. clause at 452.236–78, Forest Service 436.602±5 Short selection process for The contracting officer shall insert the Standard Specifications for contracts not to exceed the simplified clause at 452.236–80, Firms Ineligible Construction of Roads and Bridges, in acquisition threshold. For Award—Construction, in the construction contracts that incorporate The HCA may include either or both contract for architect-engineering the standard specifications. procedures in FAR 36.602–5 in the services except as provided in FAR procedures for evaluation boards. 36.209 and AGAR 436.209. 436.579 Opted timber sale road requirements. 436.603 Collecting data on and appraising PART 437ÐSERVICE CONTRACTING The contracting officer shall insert the firms' qualifications. Subpart 437.1ÐService ContractsÐGeneral clause at 452.236–79, Opted Timber (a) HCA’s which require architect- Sale Road Requirements, in road engineer services shall establish Sec. construction contracts resulting from a procedures to comply with the 437.104 Personal services contracts. 437.110 Solicitation provisions and timber sale turnback. requirements of FAR 36.603. (b) The procedures shall include a list contract clauses. Subpart 436.6ÐArchitect-Engineer of names, addresses, and phone Subpart 437.2ÐAdvisory and Assistance Service. numbers of offices or boards assigned to Services maintain architect-engineer 437.203 Policy. 436.601 Policy. qualification data files. The list shall be 437.270 Solicitation provisions and 436.601±3 Applicable contracting updated annually. contracts clauses. procedures. 436.604 Performance evaluation. Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c). The technical official’s listing of areas Preparation of performance where recovered materials cannot be evaluation reports. (a) In addition to the Subpart 437.1ÐService ContractsÐ used shall be referred to the contracting requirements of FAR 36.604, General activity’s official designated in performance evaluation reports shall be accordance with FAR 23.404. A copy of prepared for indefinite-delivery type 437.104 Personal services contracts. the listing and of any approval or contracts when either the contract USDA has the following specific disapproval by that official is to be maximum or the contracting activities statutory authorities to contract for retained in the solicitation file. reasonable estimate of services to be personal services: Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53669

(a) Section 706(a) of the Organic Act policy and procedures in Departmental for DCAA audit services coordinated of 1944 (7 U.S.C. 2225) authorizes Regulations (5000 series). through OIG. contracting with persons or 437.270 Solicitation and contract clauses. (c) In order to ensure compliance with organizations on a temporary basis, this requirement and to evaluate the (a) The contracting officer shall insert without regard to civil service results of audits, contracting officers compensation classification standards a clause substantially the same as the clause at 452.237–76, Progress shall forward to the RIG-A copies of all in 5 U.S.C., Chapter 51 and Subchapter price negotiation memoranda prepared III of Chapter 53, Provided: Reporting, in all contracts for advisory and assistance services. It may also be for contracts and contract modifications (1) That no expenditures shall be in excess of $500,000. made unless specifically provided for in used in other service contracts. the applicable appropriation, and (b) The contracting officer shall insert Subpart 442.15ÐContractor (2) Expenditures do not exceed any a clause substantially the same as the Performance Information limitations prescribed in the clause at 452.237–78, Contracts with appropriation. Consulting Firms for Services, in 442.1502 Policy. solicitations and contracts for (b) 7 U.S.C. 1627 authorizes the The head of the contracting activity consulting services which prohibit Secretary of Agriculture to contract with shall be responsible for establishing past technically qualified persons, firms or follow-on contracts with the contracting performance evaluation procedures and organizations to perform research, firm. systems as required by FAR 42.1502 and inspection, classification, technical, or 42.1503. other special services, without regard to PART 441ÐACQUISITION OF UTILITY SERVICES the civil-service laws, Provided: it is for PART 445ÐGOVERNMENT PROPERTY a temporary basis and for a term not to Subpart 441.2ÐAcquiring Utility Services exceed six months in any fiscal year. Subpart 445.3ÐProviding Government 441.201 Policy. Property to Contractors 437.110 Solicitation provisions and Sec. contract clauses. Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c). 445.302 Providing facilities. (a) The contracting officer shall insert 445.302–1 Policy. a clause substantially the same as the Subpart 441.2ÐAcquiring Utility clause at 452.237–70, Loss Damage, Subpart 445.4ÐContractor Use and Rental Services of Government Property Destruction or Repair, in contracts for equipment rental, whether the 441.201 Policy. 445.403 Rental—Use and Charges clause. equipment is furnished with or without As used in FAR 41.201(d)(2)(i) and 445.407 Non-Government use of plant operator. 41.201(d)(3) the Federal agency head equipment. (b) The contracting officer shall insert designee is the head of the contracting Subpart 445.6ÐReporting, Redistribution a provision substantially the same as the activity. and Disposal of Contractor Inventory clause at 452.237–71, Pre-Bid/Pre- 445.608 Screening of contracting inventory. Proposal Conference, in all solicitations SUBCHAPTER GÐCONTRACT 445.608–6 Waiver of screening if a conference with prospective offerors MANAGEMENT requirements. will be held prior to the submittal of Authority: 5 U.S.C. 301 and 40 U.S.C. bids or proposals. PART 442ÐCONTRACT 486(c). (c) The contracting officer shall insert ADMINISTRATION the provision at 452.237–73, Equipment Subpart 445.3ÐProviding Government Subpart 442.1ÐInteragency Contract Property to Contractors Inspection visit, in solicitations if work Administration and Audit Services is to be done on Government equipment 445.302 Providing facilities. and an offeror’s inspection is Sec. 442.102 Procedures. encouraged for an understanding of the 445.302±1 Policy. work to be performed prior to submittal Subpart 442.15ÐContractor Performance Heads of contracting activities of bids or proposals. Information (d) The contracting officer shall insert 442.1502 Policy. (HCA’s) are authorized to make determinations for providing facilities to a clause substantially the same as the Authority: 5 U.S.C. 301 and 40 U.S.C. clause at 452.237–74, Key Personnel, in 486(c). a contractor as prescribed in FAR contracts if contract performance 45.302–1(a)(4). requires identification of the Subpart 442.1ÐInteragency Contract Administration and Audit Services Subpart 445.4ÐContractor Use and contractor’s key personnel. Rental of Government Property (e) The contracting officer shall insert 442.102 Procedures. a clause substantially the same as the 445.403 RentalÐUse and Charges clause. clause at 452.237–75, Restrictions (a) The Office of Inspector General HCA’s are authorized to make Against Disclosure, in service contracts (OIG), Audit Division, has established a determinations for charging rent on the (including architect-engineer contracts) cross-servicing arrangement with the basis of use under the Use and Charges requiring restrictions on release of Defense Contract Audit Agency (DCAA) clause in FAR 52.245–9 as prescribed in information developed or obtained in to provide contract audit services FAR 45.403(a). connection with performance of the required by the FAR. (b) All contract audit services contract. required by contracting officers, except 445.407 Non-Government use of plant equipment. Subpart 437.2ÐAdvisory and those which can be accomplished in- Assistance Services house, shall be coordinated through the Requests for non-Government use of cognizant OIG Regional Inspector plant equipment as prescribed in FAR 437.203 Policy. General—Auditing (RIG-A). Cognizance 45.407 shall be submitted by the HCA Contracting for advisory and is determined on the basis of the to the Senior Procurement Executive assistance services is subject to the contractor’s location. There is no charge (SPE) for approval. 53670 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

Subpart 445.6ÐReporting, deliverables (other than reports) are Subpart 449.4ÐTermination for Default Redistribution and Disposal of required. Contractor Inventory 449.402 Termination of fixed-price (b) The contracting officer shall insert contracts for default. 445.608 Screening of contractor inventory. the clause at 452.247–72, Packing for Domestic Shipment, in contracts when 449.402±3 Procedure for default. 445.608±6 Waiver of screening item(s) will be delivered for immediate In addition to the requirements of requirements. use to a destination in the continental FAR 49.402–3(g), the notice of Requests to waive screening United States; when the material termination shall contain instructions requirements as prescribed in FAR specification or purchase description regarding the disposition of any 46.608–6 shall be submitted by the HCA does not provide preservation, Government property in the possession to the SPE for approval. packaging, packing, and/or marking of the contractor (see FAR 45.508–1) requirements; and/or when the and, in the case of construction PART 446ÐQUALITY ASSURANCE requiring activity has not cited a contracts, such materials, appliances, specific specification for packaging. and structures as may be on the site of Subpart 446.3ÐContract Clauses (c) The contracting officer shall insert the construction work. The notice shall Sec. the clause at 452.247–73, Packing for also contain a statement concerning the 446.370 Inspection and acceptance. Overseas Shipment, in contracts when liability of the contractor or its surety Authority: 5 U.S.C. 30 and 40 U.S.C. item(s) will be delivered to an overseas for any liquidated damages (see FAR 486(c). destination for immediate use, the 49.402–7). Subpart 446.3ÐContract Clauses material specification does not specify Subpart 449.5ÐContract Termination packing levels, and the required activity Clauses 446.370 Inspection and acceptance. has not specified such requirements. The Contracting Officer shall insert 449.501 General. PART 449ÐTERMINATION OF the clause at 452.246–70, Inspection and Use of special purpose termination CONTRACTS Acceptance, in contracts where clauses pursuant to the authority of FAR inspection and acceptance will be Subpart 449.1ÐGeneral Principles 49.501 shall be approved in advance by performed at the same location. The the HCA. Sec. clause with its Alternate I is for use 449.106 Fraud or other criminal conduct. PART 450ÐEXTRAORDINARY when inspection and acceptance will be 449.111 Review of proposed settlements. performed at different locations. CONTRACTUAL ACTIONS Subpart 449.4ÐTermination for Default Sec. PART 447ÐTRANSPORTATION 449.402 Termination of fixed-price 450.001 Definitions. contracts for default. Subpart 447.3ÐTransportation in Supply Subpart 450.1ÐGeneral Contracts 449.402–3 Procedure for default. 450.104 Reports. Sec. Subpart 449.5ÐContract Termination 447.302 Place of delivery—F.O.B. point. Clauses Subpart 450.2ÐDelegation of and Limitations on Exercise of Authority 447.305 Solicitation provisions, contract 449.501 General clauses, and transportation factors. 450.201 Delegation of authority. 447.305–10 Packing, marking, and Authority: 5 U.S.C. 301 and 40 U.S.C. Subpart 450.3ÐContract Adjustments consignment instructions. 486(c). 450.303 Contract adjustment. Authority: 5 U.S.C. 30 and 40 U.S.C. Subpart 449.1ÐGeneral Principles 486(c). 450.303–1 Contractor requests. Authority: 5 U.S.C. 301 and 40 U.S.C. 449.106 Fraud or other criminal conduct. Subpart 447.3ÐTransportation in 486(c). (a) If the contracting officer suspects Supply Contracts 450.001 Definitions. fraud or other criminal conduct a 447.302 Place of deliveryÐF.O.B. point. written report documenting the facts Approving authority, as used in this part, means the Assistant Secretary for The contracting officer shall insert a shall be submitted by the head of the contracting activity (HCA) to the Office Administration. clause substantially the same as the Secretarial level, as used in this part of Inspector General. Copies of clause at 452.247–70, Delivery Location, means the Assistant Secretary for documents or other information in supply contracts when it is necessary Administration. to specify delivery locations. If connected with the suspected fraud or appropriate, the clause may reference an criminal conduct shall be provided with Subpart 450.1ÐGeneral attachment which lists various delivery the report. Concurrently, a copy of the locations and other delivery details (e.g., report shall also be submitted to the 450.104 Reports. quantities to be delivered to each Senior Procurement Executive. The Senior Procurement Executive location, etc.). (b) Depending on the findings of the shall prepare the report required by FAR 50.104. 447.305 Solicitation provisions, contract Office of Inspector General, the HCA clauses, and transportation factors. may initiate suspension or debarment Subpart 450.2ÐDelegation of and action as prescribed in FAR part 9.4 and Limitations on Exercise of Authority 447.305±10 Packing, marking, and part 409.4. consignment instructions. 450.201 Delegation of authority. 449.111 Review of proposed settlements. (a) The contracting officer shall insert The Assistant Secretary for a clause substantially the same as the Proposed settlement agreements shall Administration is authorized to approve clause at 452.247–71, Marking be reviewed and approved in all actions under FAR part 50 except Deliverables, in solicitations and accordance with contracting activity indemnification actions listed in FAR contracts if special marking on procedures. 50.201(d) which must be approved by Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53671 the Secretary, without power of 452.237–76 Progress Reporting. furnish as a part of its offer all descriptive delegation. 452.237–78 Contracts with Consulting material (such as cuts, illustrations, Firms for Services. drawings, or other information) necessary for Subpart 450.3ÐContract Adjustments 452.246–70 Inspection and Acceptance. the contracting activity to (i) determine 452.247–70 Delivery Location. whether the product offered meets the salient 450.303 Contract adjustment. 452.247–71 Marking Deliverables. characteristics requirement of the 452.247–72 Packing for Domestic 450.303±1 Contractor requests. solicitation, and (ii) establish exactly what Shipment. the offeror proposes to furnish and what the 452.247–73 Packing for Overseas Shipment. Contractor requests shall be submitted Government would be binding itself to to the contracting officer. Authority: 5 U.S.C. 301 and 40 U.S.C. purchase by making an award. The 486(c). SUBCHAPTER HÐCLAUSES AND FORMS information furnished may include specific Subpart 452.2ÐTexts of Provisions reference to information previously furnished PART 452ÐSOLICITATION and Clauses or to information otherwise available to the PROVISIONS AND CONTRACT contracting activity. CLAUSES 452.204±70 Inquiries. (2) If an offeror proposes to modify a product so as to make it conform to the Subpart 452.2ÐTexts of Provisions and As prescribed in 404.7001, insert the following provision: requirements of the solicitation, the offer Clauses shall include (i) a clear description of such Sec. INQUIRIES (FEB 1988) proposed modifications and (ii) clearly 452.204–70 Inquiries. Inquiries and all correspondence marked descriptive material to show the 452.211–1 Brand Name or Equal. concerning this solicitation should be proposed modifications. 452.211–2 Equal Products Offered. submitted in writing to the Contracting (End of Provision) 452.211–3 Statement of Work/ Officer. Offerors should contact only the Specifications. Contracting Officer issuing the solicitation 452.211±2 Equal Products Offered. 452.211–4 Attachments to Statement of about any aspect of this requirement prior to Work/Specifications. contract award. As prescribed in 411.171, insert the 452.211–5 Period of Performance. (End of provision) following or substantially the same 452.211–6 Effective Period of the Contract. clause in solicitations seeking offers on 452.214–70 Award by Lot. 452.211±1 Brand Name or Equal. a ‘‘brand name or equal’’ basis to allow 452.215–71 Instructions for the Preparation As prescribed in 411.171, insert the of Technical and Business Proposals. offerors the opportunity to clearly 452.215–72 Amendments to Proposals. following provision: identify the ‘‘equal’’ item being offered, 452.215–73 Post-Award Conference. BRAND NAME OR EQUAL (NOV 1996) and to illustrate how that item meets the 452.216–70 Award Fee. (As used in this provision, the term ‘‘brand salient characteristics requirements of 452.216–71 Base Fee and Award Fee name’’ includes identification of products by the Government. Proposal. make and model.) EQUAL PRODUCTS OFFERED (NOV 1996) 452.216–72 Evaluation Quantities— (a) If items called for by this solicitation Indefinite-Delivery Contract. have been identified by a ‘‘brand name or (a) Offerors proposing to furnish an 452.216–73 Minimum and Maximum equal’’ description, such identification is ‘‘equal’’ product, in accordance with the Contract Amounts. intended to be descriptive, but not restrictive, ‘‘Brand Name or Equal’’ provision of this 452.216–74 Ceiling Price. and is to indicate the quality and solicitation, shall provide the following 452.216–75 Letter Contract. characteristics of products that will be information for each offered ‘‘equal’’ product: 452.219–70 Size Standard and SIC Code satisfactory. Offers of ‘‘equal’’ products Contract Line Item Number (if any): llll Information. (including products of the brand name Brand Name or Equal Product identified by 452.224–70 Confidentiality of Information. manufacturer other than the one described by the Government in this solicitation: llll 452.228–70 Alternative Forms of Security. brand name) will be considered for award if Offered Product Name: llllllllll 452.228–71 Insurance Coverage. such products are clearly identified in the Catalog Description or part number: llll 452.232–1 Reimbursement for Bond offer (see clause 452.211–2) and are lllllllllllllllllllll Premiums—Fixed-Price Construction. determined by the Contracting Officer to Manufacturer’s Name: llllllllll 452.236–70 Additive or Deductive Items. meet fully the salient characteristics Manufacturer’s Address: lllllllll 452.236–71 Prohibition Against the Use of requirements listed in the solicitation. lllllllllllllllllllll Lead-Based Paint. (b) Unless the offeror clearly indicates in lllllllllllllllllllll 452.236–72 Use of Premises. its offer that it is offering an ‘‘equal’’ product, 452.236–73 Archaeological or Historic the offeror shall be considered as offering the (b) Offerors are responsible for submitting Sites. brand name product(s) referenced in the all additional information on the above 452.236–74 Control of Erosion, solicitation. product necessary for the Contracting Officer Sedimentation, and Pollution. (c)(1) If the offeror proposes to furnish an to determine whether the product offered 452.236–75 Maximum Workweek— ‘‘equal’’ product or products, the brand meets the ‘‘brand name or equal’’ product’s Construction Schedule. name(s), if any, and any other required salient characteristics listed in the 452.236–76 Samples and Certificates. information about the product(s) to be solicitation. 452.236–77 Emergency Response. furnished shall be inserted in the space (End of Clause) 452.236–78 Forest Service Standard provided in the solicitation. The evaluation Specifications for Construction of Roads of offers and the determination as to the 452.211±3 Statement of Work/ and Bridges. equality of the product(s) offered shall be the Specifications. 452.236–79 Opted Timber Sale Road responsibility of the Government and will be Requirements. based on information furnished by the offeror As prescribed in 411.171, insert the 452.236–80 Firms Ineligible for Award— or identified in its offer as well as other following clause: Construction. information reasonably available to the STATEMENT OF WORK/SPECIFICATIONS 452.237–70 Loss, Damage, Destruction or contracting activity. Caution to offerors: The (FEB 1988) Repair. contracting activity is not responsible for 452.237–71 Pre-Bid/Pre-Proposal locating or securing any information which is The Contractor shall furnish the necessary Conference. not identified in the offer and is not personnel, material, equipment, services and 452.237–73 Equipment Inspection Visit. reasonably available to the contracting facilities (except as otherwise specified), to 452.237–74 Key Personnel. activity. Accordingly, to assure that sufficient perform the Statement of Work/ 452.237–75 Restrictions Against Disclosure. information is available, the offeror must Specifications referenced in Section J. 53672 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

(End of Clause) hours and categories, materials, subcontracts, divisions, subsidiaries, parent company, or etc.) must be contained in the technical affiliated companies that will perform work 452.211±4 Attachments to Statements of proposal so that the contractor’s or furnish materials under this contract. Work/Specifications. understanding of the statement of work may (End of Provision) As prescribed in 411.171, insert the be evaluated. following clause: (2) Offerors may, at their discretion, submit *Contracting officer shall insert number of alternate proposals or proposals which copies required. ATTACHMENTS TO STATEMENT OF deviate from the requirement; provided, that Alternate I (NOV 1996): When FAR clause WORK/SPECIFICATIONS (FEB 1988) an offeror also submit a proposal for 52.215–41 is not used to specify the cost/ The attachments to the Statement of Work/ performance of the work as specified in the price information requirements and cost and Specifications listed in Section J are hereby statement of work. Any ‘‘alternate’’ proposal pricing data is required substitute the made part of this solicitation and any may be considered if overall performance following for subparagraph (1): resultant contract. would be improved or not compromised, and (c)(1) Cost and pricing data is required. Cost proposals must be submitted on a (End of Clause) if it is in the best interest of the Government. Alternate proposals, or deviations from any Standard Form 1411, Contract Pricing 452.211±5 Period of Performance. requirement of this RFP, must be clearly Proposal Cover Sheet, with supporting identified. attachments in accordance with FAR Table As prescribed in 411.404(a), insert the 15–2, Instructions for Submission of a following clause: (3) The Government will evaluate proposals in accordance with the evaluation Contract Pricing Proposal. PERIOD OF PERFORMANCE (FEB 1988) criteria set forth in Section M of this RFP. Alternate II (NOV 1996): When FAR clause The period of performance of this contract (4) Offerors shall submit their proposal(s) 52.215–41 is not used and use of a SF 1448 is from lll through lll.* in the following format and the quantities is required for submission of other than cost and pricing data, substitute the following (End of Clause) specified: (a) lll* copies of the completed, signed subparagraph for c(1) above: * Contracting Officer shall insert the offer (Sections A through K of the solicitation (c)(1) Cost proposals must be submitted on appropriate dates. package) a Standard Form 1448, Proposal Cover Sheet lll (Cost or Pricing Data Not Required), in 452.211±6 Effective Period of the Contract. (b) * copies of the technical proposal (c) lll* copies of the business/cost accordance with FAR Table 15–3, As prescribed in 411.404(b), insert the proposal Instructions for Submission of Information following clause: (b) Technical Proposal Instructions. The Other Than Cost or Pricing Data. EFFECTIVE PERIOD OF THE CONTRACT technical proposal will be used to make an 452.215±72 Amendments to Proposals. (FEB 1988) evaluation and arrive at a determination as to whether the proposal will meet the As prescribed in 415.407(b), insert the The effective period of this contract is from following provision: lll through lll.* requirements of the Government. Therefore, the technical proposal must present AMENDMENTS TO PROPOSALS (FEB 1988) (End of Clause) sufficient information to reflect a thorough Any changes to a proposal made by the * Contracting Officer shall insert the understanding of the requirements and a offeror after its initial submittal shall be appropriate dates. detailed, description of the techniques, accomplished by replacement pages. Changes procedures and program for achieving the from the original page shall be indicated on 452.214±70 Award by Lot. objectives of the specifications/statement of the outside margin by vertical lines adjacent As prescribed in 414.201–6, insert a work. Proposals which merely paraphrase the to the change. The offeror shall include the provision substantially as follows: requirements of the Government’s date of the amendment on the lower right specifications/ statement of work, or use such AWARD BY LOT (NOV 1996) corner of the changed pages. phrases as ‘‘will comply’’ or ‘‘standard Subject to the Section L provision FAR techniques will be employed’’ will be (End of Provision) 52.214–10, ‘‘Contract Award—Sealed considered unacceptable and will not be 452.215±73 Postaward Conference. Bidding,’’ award will generally be made to a considered further. As a minimum, the single bidder on each entire lot. However, the proposal must clearly provide the following: As prescribed in 415.1070, insert a Government reserves the right to award by (Contracting Officer shall identify in this clause substantially as follows: item within any lot when the contracting section the minimum information required to POST AWARD CONFERENCE (NOV 1996) officer determines that it is advantageous to evaluate each technical evaluation factor A post award conference with the the Government. listed in Section M.) successful offeror is required. It will be (End of Provision) (c) Business Proposal Instructions. scheduled within lll* days after the date (1) Cost Proposal. of contract award. The conference will be 452.215±71 Instructions for the In addition to any other requirements for held at: lll*. Preparation of Technical and Business cost/pricing information required in clause Proposals. FAR 52.215–41, Requirements for Cost or (End of Clause) As prescribed in 415.407(a), insert a Pricing Data or Other Than Cost of Pricing *Contracting officer to insert number of days provision substantially as follows: Data (OCT 1995), the following is required: and location. (Contracting Officer shall identify INSTRUCTIONS FOR THE PREPARATION additional information required if 452.216±70 Award Fee. OF TECHNICAL AND BUSINESS appropriate.) PROPOSALS (NOV 1996) As prescribed in 416.405, insert a (2) Business Proposal. clause substantially as follows: (a) General Instructions. Proposals (a) Furnish financial statements for the last submitted in response to this solicitation two years, including an interim statement for AWARD FEE (FEB 1988) shall be furnished in the following format the current year, unless previously provided The amount of award fee the Contractor with the numbers of copies as specified to the office issuing the RFP, in which case earns, if any, is based on a subjective below. a statement as to when and where this evaluation by the Government of the quality (1) The proposal must include a technical information was provided may be furnished of the Contractor’s performance in proposal and business proposal. Each of the instead. accordance with the award fee plan. The parts shall be separate and complete so that (b) Specify the financial capacity, working Government will determine the amount of evaluation of one may be accomplished capital and other resources available to award fee every lll* months beginning independently from evaluation of the other. perform the contract without assistance from with lll*. The Fee Determination Official The technical proposal must not contain any outside source. (FDO) will unilaterally determine the amount reference to cost; however, resource (c) Provide the name, location, and of award fee. The FDO’s determination will information (such as data concerning labor intercompany pricing policy for other be in writing to the Contractor and is not Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53673 subject to the ‘‘Disputes’’ clause. The (End of Clause) forth in the Privacy Act of 1974, 5 U.S.C. Government may unilaterally change the *Contracting Officer shall insert 552a, and implementing regulations and award fee plan at any time and will provide appropriate dollar amount. policies, with respect to systems of records such changes in writing to the Contractor determined to be subject to the Privacy Act. prior to the beginning of the applicable 452.216±75 Letter Contract. (e) Confidential information, as defined in evaluation period. The Contractor may As prescribed in 416.603–4, insert the (a)(1) and (2) above, shall not be disclosed submit a voucher for the earned award fee. following clause: without the prior written consent of the Available award fee not earned during one individual, institution or organization. period does not carry over to subsequent LETTER CONTRACT (FEB 1988) (f) Written advance notice of at least 45 periods. This contract replaces letter contract No. days will be provided to the Contracting lll lll (End of Clause) * dated * and all amendments Officer of the Contractor’s intent to release thereto. findings of studies or research, which have * Contracting Officer shall insert (End of Clause) the possibility of adverse effects on the appropriate number of months. public or the Federal agency, as described in ** Contracting Officer shall insert *Contracting Officer shall insert number (b) above. If the Contracting Officer does not appropriate date. and date. pose any objections in writing within the 45 day period, the Contractor may proceed with 452.216±71 Base Fee and Award Fee 452.219±70 Size Standard and SIC Code Information. disclosure. Disagreements not resolved by the Proposal. Contractor and Contracting Officer will be As prescribed in 419.508, insert the As prescribed in 416.470, insert the settled pursuant to the ‘‘Disputes’’ clause. following provision: following provision: (g) Whenever the Contractor is uncertain SIZE STANDARD AND SIC CODE with regard to the proper handling of BASE FEE AND AWARD FEE PROPOSAL INFORMATION (NOV 1996) material under the contract, or if the material (FEB 1988) in question is subject to the Privacy Act or The Standard Industrial Classification For the purpose of this solicitation, offerors Code(s) and business size standard(s) is confidential information subject to the lll shall propose a base fee of * percent describing the products and/or services to be provisions of this clause, the Contractor shall of the total estimated cost proposed. The acquired under this solicitation are listed obtain a written determination from the lll award fee shall not exceed * percent below: Contracting Officer prior to any release, of the total estimated cost. lll disclosure, dissemination, or publication. Contract line item(s): * SIC Code (h) The provisions of paragraph (e) of this (End of Provision) lll lll * Size Standard * clause shall not apply when the information *Contracting Officer shall insert (End of provision) is subject to conflicting or overlapping appropriate percentages. *Contracting Officer shall insert the provisions in other Federal, State or local laws. 452.216±72 Evaluation QuantitiesÐ appropriate data for each contract line item Indefinite Delivery Contract. in the solicitation. The data entry line may (End of Clause) be duplicated as required to describe all of As prescribed in 416.506(a), insert a the contract line items or sub-items. 452.228±70 Alternative Forms of Security. provision substantially as follows: As prescribed in 428.204–2, insert the 452.224±70 Confidentiality of Information. following provision: EVALUATION QUANTITIES—INDEFINITE- As prescribed in 424.104, insert a DELIVERY CONTRACT (FEB 1988) clause substantially as follows: ALTERNATIVE FORMS OF SECURITY To evaluate offers for award purposes, the (NOV. 1996) CONFIDENTIALITY OF INFORMATION Government will apply the offeror’s proposed (FEB. 1988) If furnished as security, money orders, fixed-prices/rates to the estimated quantities drafts, cashiers checks, or certified checks included in the solicitation, and will add (a) Confidential information, as used in shall be drawn payable to: ll*. other direct costs if applicable. this clause, means— (1) information or data of a personal (End of Provision) (End of Provision) nature, proprietary about an individual, or (2) *Contracting Officer shall insert the name 452.216±73 Minimum and Maximum information or data submitted by or of the USDA contracting activity. Contract Amounts. pertaining to an organization. (b) In addition to the types of confidential 452.228±71 Insurance Coverage. As prescribed in 416.506(b), insert the information described in (a)(1) and (2) above, As prescribed in 428.310, insert the following clause: information which might require special following clause: consideration with regard to the timing of its MINIMUM AND MAXIMUM CONTRACT disclosure may derive from studies or INSURANCE COVERAGE (NOV. 1996) AMOUNTS (FEB 1988) research, during which public disclosure of Pursuant to FAR clause 52.228–5, During the period specified in FAR clause primarily invalidated findings could create Insurance-Work on a Government 52.216–18, ORDERING, the Government shall an erroneous conclusion which might Installation, the Contractor will be required place orders totaling a minimum of lll*, threaten public health or safety if acted upon. to present evidence to show, as a minimum, but not in excess of lll*. (c) The Contracting Officer and the the amounts of insurance coverage indicated (End of Clause) Contractor may, by mutual consent, identify below: elsewhere in this contract specific (a) Workers Compensation and Employer’s *Contracting Officer shall insert information and/or categories of information Liability. The Contractor is required to appropriate quantity or dollar amounts. which the Government will furnish to the comply with applicable Federal and State Contractor or that the Contractor is expected workers’ compensation and occupational 452.216±74 Ceiling Price. to generate which is confidential. Similarly, disease statutes. If occupational diseases are As prescribed in 416.670, insert the the Contracting Officer and the Contractor not compensable under those statutes, they following clause: may, by mutual consent, identify such shall be covered under the employer’s confidential information from time to time liability section of the insurance policy, CEILING PRICE (FEB 1988) during the performance of the contract. except when contract operations are so The ceiling price of this contract is $ Failure to agree will be settled pursuant to commingled with a Contractor’s commercial lll*. The Contractor shall not make the ‘‘Disputes’’ clause. operations that it would not be practical to expenditures or incur obligations in the (d) If it is established that information to require this coverage. Employer’s liability performance of this contract which exceed be utilized under this contract is subject to coverage of at least $100,000 shall be the ceiling price specified herein, except at the Privacy Act, the Contractor will follow required, except in States with exclusive or the Contractor’s own risk. the rules and procedures of disclosure set monopolistic funds that do not permit 53674 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations worker’s compensation to be written by features of the work within the funds (End of clause) private carriers. determined by the government to be available (b) General Liability. The Contractor shall before bids are opened. If addition of another 452.236±73 Archaeological or Historic have bodily injury liability insurance bid item in the listed order of priority would Sites. coverage written on a comprehensive form of make the award exceed such funds for all As prescribed in 436.573, insert the policy of at least $500,000 per occurrence. bidders, it shall be skipped and the next following clause: (c) Automobile Liability. The Contractor subsequent additive bid item in a lower ARCHAEOLOGICAL OR HISTORIC SITES shall have automobile liability insurance amount shall be added if award therein can (FEB 1988) written on a comprehensive form of policy. be made within such funds. For example, The policy shall provide for bodily injury when the amount available is $100,000 and If a previously unidentified archaeological and property damage liability covering the a bidder’s base bid and four successive or historic site(s) is encountered, the operation of all automobiles used in additives are $85,000, $10,000, $8,000, Contractor shall discontinue work in the general area of the site(s) and notify the connection with performing the contract. $6,000, and $4,000, the aggregate amount of Contracting Officer immediately. Policies covering automobiles operated in the the bid for purposes of award would be United States shall provide coverage of at $99,000 for the base bid plus the first and (End of clause) least $200,000 per person and $500,000 per fourth additives, the second and third 452.236±74 Control of Erosion, occurrence for bodily injury and $20,000 per additives being skipped because of each of Sedimentation, and Pollution. occurrence for property damage or loss. them would cause the aggregate bid to exceed (d) Aircraft Public and Passenger Liability. $100,000. In any case all bids shall be As prescribed in 436.574, insert the When aircraft are used in connection with evaluated on the basis of the same additive following clause: performing the contract, the Contractor shall or deductive bid items, determined as above CONTROL OF EROSION, SEDIMENTATION, have aircraft public and passenger liability provided. The listed order of priority need be AND POLLUTION (NOV 1996) insurance. Coverage shall be at least $200,000 followed only for determining the low per person and $500,000 per occurrence for (a) Operations shall be scheduled and bidder. After determination of the low bidder conducted to minimize erosion of soils and bodily injury, other than passenger injury. as stated, award in the best interests of the Coverage for passenger injury shall be at least to prevent silting and muddying of streams, Government may be made on the selected rivers, irrigation systems, and impoundments $200,000 multiplied by the number of seats first or base bid item and any combination of or passengers, whichever is greater. (lakes, reservoirs, etc.). additive or deductive items for which funds (b) Pollutants such as fuels, lubricants, (End of Clause) are determined to be available at the time of bitumens, raw sewage, and other harmful Alternate I (NOV. 1996). As prescribed in the award, provided that award on such materials shall not be discharged on the 428.310, substitute the following paragraph combination of bid items does not exceed the ground; into or nearby rivers, streams, or (b), when additionally the contractor must amount offered by any other conforming impoundments; or into natural or man-made have property damage liability coverage: responsible bidder for the same combination channels. Wash water or waste from concrete (b) General Liability. (1) The Contractor of bid items. or aggregate operations shall not be allowed shall have bodily injury liability coverage (End of clause) to enter live streams prior to treatment by written on a comprehensive form of policy of filtration, settling, or other means sufficient at least $500,000 per occurrence. 452.236±71 Prohibition Against the Use of to reduce the sediment content to not more (2) The Contractor shall have property Lead-Based Paint. than that of the stream into which it is discharged. damage liability insurance shall be required As prescribed in 436.571, insert the in the amount of lll* per occurrence. (c) Mechanized equipment shall not be *Contracting Officer shall insert amount following clause: operated in flowing streams without written required. PROHIBITION AGAINST THE USE OF approval by the Contracting Officer. LEAD-BASED PAINT (NOV 1996) (End of clause) 452.232±1 Reimbursement for Bond Neither the Contractor nor any PremiumsÐFixed-Price Construction 452.236±75 Maximum WorkweekÐ subcontractor performing under this contract Contracts. Construction Schedule. shall use paints containing more then 0.06 of As prescribed in 432.111, insert the 1 percent lead by weight (calculated as lead As prescribed in 436.575, insert the following clause: metal) in the total nonvolatile content of the following clause: REIMBURSEMENT FOR BOND paint, or the equivalent measure of lead in MAXIMUM WORKWEEK—CONSTRUCTION PREMIUMS—FIXED-PRICE the dried film of paint already applied, or SCHEDULE (NOV 1996) both. CONSTRUCTION CONTRACTS (NOV. 1996) Within ll calendar days after receipt of The Contract Price includes the total (End of clause) a written request from the Contracting amount for premiums that the Contractor Officer, the Contractor must submit the attributes to the furnishing of performance 452.236±72 Use of Premises. following in writing for approval: and payment bonds required by the contract. As prescribed in 436.572, insert the (a) A schedule as required by FAR clause 52.236–15, Schedules for Construction Reimbursement for bond premiums under following clause: the clause at FAR 52.232–5, Payments Under Contracts, and Fixed-Price Construction Contract, shall not USE OF PREMISES (NOV 1996) (b) The hours (including the daily starting cover any amount therefor not included in (a) Before any camp, quarry, borrow pit, and stopping times) and days of the week the the contract price. storage, detour, or bypass site, other than Contractor proposes to carry out the work. shown on the drawings, is opened or The maximum workweek that will be (End of clause) lll operated on USDA land or lands approved is *. 452.236±70 Additive or Deductive Items. administered by the USDA, the Contractor (End of clause) As prescribed in 436.205, insert the shall obtain written permission from the *Contracting Officer shall insert following provision: Contracting Officer. A camp is interpreted to appropriate number of days and hours and/ include a campsite or trailer parking area of or days. ADDITIVE OR DEDUCTIVE ITEMS (FEB. any employee working on the project for the 1988) Contractor. 452.236±76 Samples and Certificates. The low bidder for purposes of award shall (b) Unless excepted elsewhere in the As prescribed in 436.576, insert the be the conforming responsible bidder offering contract, the Contractor shall (i) provide and following clause: the low aggregate amount for the first or base maintain sanitation facilities for the work bid item, plus or minus (in the order of force at the site and (ii) dispose of solid waste SAMPLES AND CERTIFICATES (FEB 1988) priority listed in the schedule) those additive in accordance with applicable Federal, State When required by the specifications or the or deductive bid items providing the most and local regulations. Contracting Officer, samples, certificates, and Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53675 test data shall be submitted after award of the (End of Clause) Contractor will be billed for labor and parts contract, prepaid, in time for proper action costs. by the Contracting Officer or his/her 452.236±79 Opted Timber Sale Road Requirements. (End of Clause) designated representative. Certificates and *Contracting Officer shall insert amount test data shall be submitted in triplicate to As prescribed in 436.579, insert the following clause: available in current funds to cover potential show compliance with materials and liability. construction specified in the contract OPTED TIMBER SALE ROAD **Contracting Officer shall insert performance requirements. REQUIREMENTS (NOV 1996) appropriate number of hours. Samples shall be submitted in duplicate by This contract is for the construction of the Contractor, except as otherwise specified, timber sale road(s) which a timber purchaser 452.237±71 Pre-Bid/Pre-Proposal to show compliance with the contract has opted to have the Government construct. Conference. requirements. Materials or equipment for The Government is obligated to make these As prescribed in 437.110(b), insert a which samples, certifications or test data are roads available to the timber purchaser by provision substantially as follows: required shall not be used in the work until lll*. Failure to make these roads available by this date could result in PRE-BID/PRE-PROPOSAL CONFERENCE approved in writing by the Contracting (FEB 1988) Officer. Government liability for delay to the timber purchaser for which the Contractor might (a) The Government is planning a pre-bid/ (End of clause) become liable should the Contractor fail to pre-proposal conference, during which complete this contract within the specified potential offerors may obtain a better 452.236±77 Emergency Response. and allowed contract time. understanding of the work required. As prescribed in 436.577, the (End of clause) (b) Offerors are encouraged to submit all following clause may be used in Forest questions in writing at least five (5) days *Contracting Officer shall insert prior to the conference. Questions will be Service construction contracts: appropriate date. considered at any time prior to or during the EMERGENCY RESPONSE (NOV 1996) 452.236±80 Firms Ineligible for AwardÐ conference; however, offerors will be asked (a) Contractor’s Responsibility for Fire Construction. to confirm verbal questions in writing. Fighting. (1) The Contractor, under the Subsequent to the conference, an amendment As prescribed in 436.670, insert the to the solicitation containing an abstract of provisions of FAR clause 52.236–9, following clause: the questions and answers, and a list of PROTECTION OF EXISTING VEGETATION, Firms Ineligible for Award—Construction attendees, will be disseminated. STRUCTURES, EQUIPMENT, UTILITIES, (NOV 1996) (c) In order to facilitate conference AND IMPROVEMENTS, shall immediately The firm(s) and its subsidiaries or affiliates preparations, it is requested that the person extinguish all fires on the work site other named on the Standard Form 33 of this than those fires in use as a part of the work. signatory to this contract shall be ineligible for award of any construction contract solicitation be contacted and advised of the (2) The Contractor may be held liable for all resulting from the design work performed number of persons who will attend. damages and for all costs incurred by the under this contract. (d) The Government assumes no Government for labor, subsistence, responsibility for any expense incurred by an equipment, supplies, and transportation (End of clause) offeror prior to contract award. deemed necessary to control or suppress a 452.237±70 Loss, Damage, Destruction or (e) Offerors are cautioned that, fire set or caused by the Contractor or the Repair. notwithstanding any remarks or clarifications Contractor’s agents or employees. given at the conference, all terms and (a) As prescribed in 437.110(a), insert conditions of the solicitation remain (b) Contractor’s Responsibility for a clause substantially as follows: Notification in Case of Fire. The Contractor unchanged unless they are changed by shall immediately notify the Government of LOSS, DAMAGE, DESTRUCTION OR amendment to the solicitation. If the answers to conference questions, or any solicitation any fires sighted on or in the vicinity of the REPAIR (FEB 1988) amendment, create ambiguities, it is the work site. (a) For equipment furnished under this responsibility of the offeror to seek contract without operator, the Government (c) Contractor’s Responsibility for clarification prior to submitting an offer. will assume liability for any loss, damage or Responding to Emergencies. When directed (f) The conference will be held: by the Contracting Officer, the Contractor destruction of such equipment, not to exceed lll Date: llllllllllllllllll shall allow the Government to temporarily a total of $ * except that no Time: llllllllllllllllll use employees and equipment from the work reimbursement will be made for loss, damage or destruction due to (1) ordinary wear or Location: llllllllllllllll site for emergency work (anticipated to be tear, (2) mechanical failure, or (3) the fault or restricted to fire fighting). An equitable (End of Clause) negligence of the Contractor or the adjustment for the temporary use of Contractor’s agents or employees. 452.237±73 Equipment Inspection Visit. employees and equipment will be made (b) For equipment furnished under this under the CHANGES clause, FAR 52.243–4. As prescribed in 437.110(c), insert the contract with operator, the Government shall following provision: (End of clause) not be liable for any loss, damage or destruction of such equipment, except for EQUIPMENT INSPECTION VISIT (FEB 1988) 452.236±78 Forest Service Standard loss, damage or destruction resulting from Offerors are urged and expected to inspect Specifications for Construction of Roads the negligent or wrongful act(s) of the equipment on which maintenance or and Bridges. Government employee(s) while acting within repairs are to be performed and to satisfy the scope of their employment. As prescribed in 436.578, insert the themselves regarding all conditions that may (c) All repairs to equipment furnished affect the cost of contract performance, to the following clause: under this contract shall be made by the extent that the information is reasonably FOREST SERVICE STANDARD Contractor and reimbursement, if any, shall obtainable. In no event shall failure to SPECIFICATIONS FOR CONSTRUCTION OF be determined in accordance with (a) or (b) inspect the equipment constitute grounds for ROADS AND BRIDGES (NOV 1996) above. Repairs shall be made promptly and a claim after contract award. lll equipment returned to use within ** Offerors are invited to inspect the lll* The Forest Service Standard Specifications hours. In lieu of repairing equipment, the lll lll lll for Construction of Roads and Bridges, XXXX at * by telephoning * on * Contractor may furnish similar replacement for an appointment. 199X are included by reference. The equipment within the time specified. The requirements contained in these Contractor may authorize the Government to (End of Clause) specifications are hereby made a part of this make repairs upon the request of the *Contracting Officer shall insert solicitation and any resultant contract. Contracting Officer. In such case, the appropriate data. 53676 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

452.237±74 Key Personnel. (End of Clause) the services described herein will be prohibited from competing for or receiving a As prescribed in 437.110(d), insert a 452.237±76 Progress Reporting. follow-on contract to perform lll.* clause substantially as follows: As prescribed in 437.270(a), insert a (End of Clause) KEY PERSONNEL (FEB 1988) clause substantially as follows: * Contracting Officer shall insert the (a) The Contractor shall assign to this PROGRESS REPORTING (FEB 1988) appropriate information. contract the following key personnel: The Contractor shall submit a progress lllll report lll*, covering work accomplished 452.246±70 Inspection and Acceptance. (b) During the first ninety (90) days of during that period of the contract As prescribed in 446.370, insert the performance, the Contractor shall make no performance. The progress report shall be following clause: substitutions of key personnel unless the brief and factual and shall be prepared in INSPECTION AND ACCEPTANCE (FEB substitution is necessitated by illness, death, accordance with the following format: 1988) or termination of employment. The (a) A cover page containing: (a) The Contracting Officer or the Contractor shall notify the Contracting (1) Contract number and title; Contracting Officer’s duly authorized Officer within 15 calendar days after the (2) Type of report, sequence number of representative will inspect and accept the occurrence of any of these events and report, and period of performance being reported; supplies and/or services to be provided provide the information required by under this contract. paragraph (c) below. After the initial 90-day (3) Contractor’s name and address; (4) Author(s); and (b) Inspection and acceptance will be period, the Contractor shall submit the performed at: lll.* information required by paragraph (c) to the (5) Date of report. Contracting Officer at least 15 days prior to (b) Section I—An introduction covering the (End of clause) purpose and scope of the contract effort. This making any permanent substitutions. * Contracting Officer shall insert shall be limited to one paragraph in all but (c) The Contractor shall provide a detailed appropriate identifying data. the first and final month’s narrative. explanation of the circumstances Alternate I (FEB 1988). As prescribed in (c) Section II—A description of overall 446.370, substitute a paragraph (b) and add necessitating the proposed substitutions, progress plus a separate description of each complete resumes for the proposed a paragraph (c): task or other logical segment of work on (b) Inspection will be performed at: substitutes, and any additional information which effort was expended during the report lll requested by the Contracting Officer. .* period. The description shall include (c) Acceptance will be performed at: Proposed substitutes should have comparable pertinent data and/or graphs in sufficient lll.* qualifications to those of the persons being detail to explain any significant results replaced. The Contracting Officer will notify achieved. (End of clause) the Contractor within 15 calendar days after (d) Section III—A description of current 452.247±70 Delivery Location. receipt of all required information of the technical or substantive performance, and decision on substitutions. The contract will any problem(s) which may impede As prescribed in 447.302, insert a be modified to reflect any approved changes performance along with proposed corrective clause substantially as follows: of key personnel. action. DELIVERY LOCATION (FEB 1988) (e) Section IV—A planning schedule shall (End of Clause) Shipment of deliverable items, other than be included with the first progress report for reports, shall be to: lll.* 452.237±75 Restrictions Against all assigned tasks required under the Disclosure. contract, along with the estimated starting (End of Clause) and completion dates for each task. The * Contracting Officer shall insert As prescribed in 437.110(e), insert a planning schedule shall be updated and appropriate identifying data. clause substantially as follows: submitted with each subsequent technical progress report, including an explanation of 452.247±71 Marking Deliverables. RESTRICTIONS AGAINST DISCLOSURE any difference between actual progress and (FEB 1988) As prescribed in 447.305–10(a), insert planned progress, why the differences have a clause substantially as follows: (a) The Contractor agrees, in the occurred, and—if behind planned progress— performance of this contract, to keep all what corrective steps are planned. MARKING DELIVERABLES (FEB 1988) information contained in source documents (f) Section V—If applicable, financial (a) The contract number shall be placed on or other media furnished by the Government information shall be submitted for each major or adjacent to all exterior mailing or shipping in the strictest confidence. The Contractor task or line item cost. labels of deliverable items called for by the also agrees not to publish or otherwise Data shall include: contract. divulge such information in whole or in part (1) The total estimated cost budgeted (fee (b) Mark deliverables, except reports, for: in any manner or form, or to authorize or excluded). lll.* permit others to do so, taking such (2) The estimated cost expended during the (End of Clause) reasonable measures as are necessary to current reporting period. restrict access to such information while in (3) Identification of direct labor hours of * Contracting Officer shall insert the appropriate information. the Contractor’s possession, to those prime contractor and subcontractor(s) and/or employees needing such information to consultant(s), if applicable. 452.247±72 Packing for Domestic perform the work provided herein, i.e., on a (4) Total project to-date expenditures. Shipment. (5) Total remaining funds. ‘‘need to know’’ basis. The Contractor agrees As prescribed in 447.305–10(b), insert to immediately notify in writing, the (End of Clause) Contracting Officer, named herein, in the the following clause: *Contracting Officer shall insert frequency PACKING FOR DOMESTIC SHIPMENT (FEB event that the Contractor determines or has of reporting requirement. reason to suspect a breach of this 1988) requirement. 452.237±78 Contracts with Consulting Material shall be packed for shipment in (b) The Contractor agrees not to disclose Firms for Services. such a manner that will insure acceptance by any information concerning the work under As prescribed in 437.270(b), insert a common carriers and safe delivery at this contract to any persons or individual clause substantially as follows: destination. Containers and closures shall unless prior written approval is obtained comply with the Interstate Commerce from the Contracting Officer. The Contractor CONTRACTS WITH CONSULTING FIRMS Commission regulations, Uniform Freight agrees to insert the substance of this clause FOR SERVICES (FEB 1988) Classification Rules, or regulations of other in any consultant agreement or subcontract Offerors are specifically cautioned that any carriers as applicable to the mode of hereunder. firm(s) receiving a contract award to provide transportation. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53677

(End of Clause) prescribed by FAR part 53 and part 453 and modified coverage made necessary through the HCA to the SPE. by the Federal Acquisition Streamlining 452.247±73 Packing for Overseas Shipment. Act of 1994. Subpart 453.2ÐPrescription of Forms EFFECTIVE DATE: October 25, 1996. As prescribed in 447.305–10(c), insert the following clause: 453.200 Scope of subpart. FOR FURTHER INFORMATION CONTACT: This subpart prescribes USDA (AD) James F. Hawkins, Office of Acquisition PACKING FOR OVERSEAS SHIPMENT (FEB and Grant Management, M–61, 400 1988) forms for use in acquisition. Consistent with the approach used in FAR subpart Seventh Street, SW., Washington DC Supplies shall be packed for overseas 20590: (202) 366–6688. shipment in accordance with the best 53.2, this subpart is arranged by subject commercial export practice suitable for water matter, in the same order as, and keyed SUPPLEMENTARY INFORMATION: to, the parts of the AGAR in which the movement to arrive undamaged at ultimate Correction of Publication destination. form usage requirements are addressed. (End of Clause) Amendatory instruction 10, on page 453.213 Simplified Acquisition and other 50249, in the middle column, is PART 453ÐFORMS simplified purchase procedures (AD±838). corrected to remove the references to Form AD–838, Purchase Order, is subparts 1213.1 (§ 1213.107–90) and Sec. prescribed for use as a Simplified 1213.5 (§ 1213.5). As corrected, 453.000 Scope of part. Acquisition Procedure/delivery order/ amendatory instruction 10 reads as Subpart 453.1ÐGeneral task order document in lieu of OF 347 follows: 453.103 Exceptions. and OF 348 (see 413.505–1). 453.108 Recommendations concerning PART 1212ÐACQUISITION OF 453.270 Request for contract action (AD± COMMERCIAL ITEMS [RESERVED] forms. 700). Subpart 453.2ÐPrescription of Forms Form AD–700, Procurement Request, 10. The heading of part 1212 is 453.200 Scope of subpart. may be used as a contract requisition revised to read as set forth above. 453.213 Simplified Acquisition and other document by contracting activities in David J. Litman, simplified purchase procedures (AD– USDA. Director of Acquisition and Grant 838). Management. 453.270 Request for contract action (AD– Subpart 453.3ÐIllustrations of Forms [FR Doc. 96–25884 Filed 10–11–96; 8:45 am] 700). 453.300 Scope of subpart. BILLING CODE 4910±62±P Subpart 453.3ÐIllustrations of Forms This subpart contains illustrations of 453.300 Scope of subpart. USDA (AD) forms for use in 453.303 Agency forms. DEPARTMENT OF COMMERCE 453.303–700 Procurement Request (AD– acquisitions. 700). Forms are not illustrated in the National Oceanic and Atmospheric 453.303–838 Purchase Order (AD–838). Federal Register or Code of Federal Administration Authority: 5 U.S.C. 301 and 40 U.S.C. Regulations. Individual copies may be 486(c). obtained from any USDA contracting 50 CFR Part 285 activity or the office of the SPE. § 453.000 Scope of part. [I.D. 100296D] 453.303 Agency forms. This part: Atlantic Tuna Fisheries; Adjustments (a) Prescribes USDA (AD) forms for 453.303±700 Procurement Request (AD± use in acquisition, 700). AGENCY: National Marine Fisheries (b) Contains requirements and Service (NMFS), National Oceanic and 453.303±838 Purchase Order (AD±838). information generally applicable to AD Atmospheric Administration (NOAA), forms and forms prescribed by FAR part [FR Doc. 96–25427 Filed 10–11–96; 8:45 am] Commerce. 53, and BILLING CODE 3410±98±P ACTION: Fishery reopenings; inseason (c) Illustrates AD forms. transfer. Subpart 453.1ÐGeneral SUMMARY: NMFS has determined that DEPARTMENT OF TRANSPORTATION the Atlantic bluefin tuna Angling 453.103 Exceptions. Office of the Secretary category quota, as adjusted, has not been (a) The contracting officer shall reached. Therefore, NMFS reopens the submit a request for exceptions to forms 48 CFR Part 1212 Angling category for school ABT for the prescribed in FAR part 53 through the northern area. The daily catch limit for RIN 2105±AC±59 head of the contracting activity (HCA) to the Angling category reopening is set at the Senior Procurement Executive (SPE) Revision of Department of one school ABT per vessel. for referral to the GSA. Transportation Regulations; Additionally, NMFS adjusts the October (b) Requests for exceptions to AD Correction subquota for the General category by forms prescribed in part 453 shall be transferring 30 metric tons (mt) from the handled as individual or class AGENCY: Office of the Secretary, DOT. Incidental Longline category, and deviations, as appropriate (see subpart ACTION: Correction to final regulations. reopens the General category fishery for 401.4). all areas for one day. These actions are SUMMARY: This document contains a being taken to extend scientific data 453.108 Recommendations concerning correction to the final regulations collection on certain size classes of ABT forms. published September 25, 1996, (61 FR while preventing overharvest of the Contracting officers shall submit 50248). The final regulations amended adjusted subquotas for the affected recommendations for new forms or to the Transportation Acquisition fishing categories. Closures will be revise, eliminate, or consolidate forms Regulation (TAR) to reflect restructuring strictly enforced. 53678 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

EFFECTIVE DATES: The Angling category Angling Category Reopening General Category Quota Adjustment fishery for school ABT will open for the and Reopening Implementing regulations for the northern area beginning Saturday, Implementing regulations for the October 12, at 1 a.m. local time and Atlantic tuna fisheries at § 285.22 provide for a quota of 138 mt of school Atlantic tuna fisheries at § 285.22 close on Monday, October 14, at 11:30 provide for a quota of 541 mt of large p.m. local time. The catch limit ABT and 100 mt of large school/small medium ABT to be harvested from the medium and giant ABT to be harvested adjustment is effective for the duration from the regulatory area by vessels of the reopening. The General category regulatory area by vessels fishing under the Angling category quota during fishing under the General category quota fishery for large medium and giant ABT during calendar year 1996. The General will open for all areas beginning Friday, calendar year 1996. The school ABT quota is further subdivided into 65 mt category ABT quota is further October 11, at 1 a.m. local time and subdivided into monthly quotas to for states Delaware and south and 73 mt close on Friday, October 11, at 11:30 provide for broad temporal and for states New Jersey and north. p.m. local time. geographic distribution of scientific data FOR FURTHER INFORMATION CONTACT: John Based on catch estimates obtained collection and fishing opportunities. Kelly, 301–713–2347, or Mark Murray- through angler interviews, NMFS closed NMFS previously adjusted the Brown, 508–281–9260. the southern school ABT fishery on July General category October subquota to 60 25, 1996 (61 FR 38656, July 25, 1996) SUPPLEMENTARY INFORMATION: mt for all areas, and announced a and the coastwide large school/small Regulations implemented under the closure date of October 2, 1996 (61 FR medium fishery on July 31, 1996 (61 FR authority of the Atlantic Tunas 50765, September 27, 1996). No quota 40352, August 2, 1996). Although catch Convention Act (16 U.S.C. 971 et seq.) remains for the October period. estimates did not indicate that the quota governing the harvest of ABT by persons Under the implementing regulations was reached, NMFS closed the school and vessels subject to U.S. jurisdiction at 50 CFR 285.22(f), the Assistant ABT Angling category fishery for the are found at 50 CFR part 285. Section Administrator for Fisheries, NOAA northern area effective August 17, 1996 285.22 subdivides the U.S. quota (AA), has the authority to make (61 FR 43027, August 20, 1996) due to recommended by the International adjustments to quotas involving the estimated landings exceeding the Commission for the Conservation of transfers between categories after quotas for the school ABT southern area Atlantic Tunas among the various considering certain criteria. subquota and the coastwide large The bluefin tuna have migrated to domestic fishing categories. school/small medium ABT quota. their summer feeding grounds in New NMFS is required, under In accordance with the regulations, England waters and incidental catch by § 285.20(b)(1), to monitor the catch and ° NMFS transferred 10 mt from the longline vessels operating south of 34 landing statistics and, on the basis of N. lat. is no longer expected to occur. A these statistics, to project a date when Inseason Reserve and reopened the school ABT Angling category fishery for total of 39 mt currently remains of the the catch of ABT will equal the quota amount allocated to the Incidental and publish a Federal Register the northern area effective September 13, 1996 (61 FR 48640, September 15, longline category. Reallocating quota announcement to close the applicable from the Incidental longline category fishery. 1996), and for a second time September 28, 1996 (61 FR 50765, September 27, would allow for the reopening of the NMFS is authorized, under 1996). Now, NMFS has determined that, General category fishery in October. § 285.22(f), to make adjustments to due to lower than expected fishing effort Such transfer responds to the four quotas involving transfers between attributable to poor weather conditions, criteria listed above as follows: (1) vessel categories if, during a single year the full 10 mt still has not been taken. General category landings are a major quota period, it is determined, based on NMFS therefore reopens the school ABT contributor to the collection of landing statistics, present year catch Angling category fishery so that biological data on this fishery, (2) catch rates, effort, and other available management and data collection in the General category to date has information, that any category, is not objectives specified in the prior notice precluded the October fishery as likely to take its entire quota as may be attained. planned and this fishery cannot previously allocated for that year. continue if no allocation is made, (3) the Given that determination, the AA may Catch Limit Adjustment General category is projected to harvest transfer inseason any portion of the the additional amount of Atlantic quota of any fishing category to any Implementing regulations for the bluefin tuna before the anticipated end other fishing category or to the reserve Atlantic tuna fisheries at § 285.24 of the fishing season, and (4) the impact after considering the following factors: provide for a daily catch limit of school on other gear segments is minimal since (1) The usefulness of information or large school ABT of one fish per sufficient quota remains for the obtained from catches of the particular angler. However, the AA has the Incidental category, the purse seine category of the fishery for biological authority to make adjustments to catch fishery is managed under individual sampling and monitoring the status of limits to effect maximum utilization of quotas and other gear segments of the the stock, (2) the catches of the the available quota and a fair fishery have previously been closed. particular gear segment to date and the distribution of fishing opportunities. For For the reasons set forth above, NMFS likelihood of closure of that segment of this reason, the catch limit is adjusted exercises its regulatory authority to the fishery if no allocation is made, (3) to one school ABT per vessel per day for transfer 30 mt of ABT from the the projected ability of the particular the duration of this reopening. Incidental Longline category quota to gear segment to harvest the additional This action is being taken to extend the General category. Thus, the October amount of Atlantic bluefin tuna before the season for the Angling category, General category quota is adjusted to 90 the anticipated end of the fishing provide for fishing opportunities in the mt, with an additional 10 mt reserved season, and (4) the estimated amounts northern fishing area, and ensure for the New York Bight, and the General by which quotas established for other additional collection of biological category fishery is reopened for one day. gear segments of the fishery might be assessment and monitoring data without The New York Bight set-aside is not exceeded. exceeding the adjusted quota. affected by this action. However, during Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53679 the one day opening, on October 11, ACTION: Closure. rockfish fishery, which is defined at 1996, large medium and giant ABT § 679.21(e)(3)(iv)(D), was established by SUMMARY: harvested and landed in the New York NMFS is closing the directed the Final 1996 Harvest Specifications of fishery for rockfish species of the genera Bight area will be counted against the Groundfish (61 FR 4311, February 5, Sebastes and Sebastolobus by vessels New York Bight set-aside quota. 1996) as 110 metric tons. using trawl gear in the Bering Sea and Classification Aleutian Islands management area The Director, Alaska Region, NMFS, This action is taken under 50 CFR (BSAI). This action is necessary to has determined, in accordance with 285.20(b), 50 CFR 285.22, and 50 CFR prevent exceeding the 1996 Pacific § 679.21(e)(7)(iv), that the 1996 285.24 and is exempt from review under halibut bycatch mortality allowance mortality bycatch allowance of Pacific E.O. 12866. apportioned to the trawl rockfish fishery halibut apportioned to the trawl in the BSAI. rockfish fishery in the BSAI has been Authority: 16 U.S.C. 971 et seq. EFFECTIVE DATE: 1200 hours, Alaska caught. Therefore, NMFS is prohibiting Dated: October 8, 1996. local time (A.l.t.), October 8, 1996, until directed fishing for rockfish species of Bruce Morehead, 2400 hours, A.l.t., December 31, 1996. the genera Sebastes and Sebastolobus by Acting Director, Office of Sustainable FOR FURTHER INFORMATION CONTACT: vessels using trawl gear in the BSAI. Fisheries, National Marine Fisheries Service. Mary Furuness, 907–586-7228. [FR Doc. 96–26261 Filed 10–9–96; 9:48 am] Maximum retainable bycatch amounts SUPPLEMENTARY INFORMATION: The BILLING CODE 3510±22±P for applicable gear types may be found groundfish fishery in the BSAI exclusive in the regulations at § 679.20(e). economic zone is managed by NMFS Classification 50 CFR Part 679 according to the Fishery Management Plan for the Groundfish Fishery of the This action is taken under 50 CFR [Docket No. 960129019±6019±01; I.D. Bering Sea and Aleutian Islands Area 100796C] (FMP) prepared by the North Pacific 679.21 and is exempt from review under E.O. 12866. Fisheries of the Exclusive Economic Fishery Management Council under Zone Off Alaska; Trawl Gear Rockfish authority of the Magnuson Fishery Authority: 16 U.S.C. 1801 et seq. Fishery in the Bering Sea and Aleutian Conservation and Management Act. Dated: October 8, 1996. Islands Fishing by U.S. vessels is governed by regulations implementing the FMP at Bruce Morehead, AGENCY: National Marine Fisheries subpart H of 50 CFR part 600 and 50 Acting Director, Office of Sustainable Service (NMFS), National Oceanic and CFR part 679. Fisheries, National Marine Fisheries Service. Atmospheric Administration, The 1996 Pacific halibut mortality [FR Doc. 96–26312 Filed 10–9–96; 11:44 am] Commerce. bycatch allowance for the BSAI trawl BILLING CODE 3510±22±F 53680

Proposed Rules Federal Register Vol. 61, No. 200

Tuesday, October 15, 1996

This section of the FEDERAL REGISTER 1601 Lind Avenue SW., Renton, seats include structural as well as contains notices to the public of the proposed Washington 98055–4056; telephone human tolerance criteria. In particular issuance of rules and regulations. The (206) 227–2136. the regulations require that persons not purpose of these notices is to give interested suffer serious head injury under the SUPPLEMENTARY INFORMATION: persons an opportunity to participate in the conditions specified in the tests, and rule making prior to the adoption of the final Comments Invited rules. that a HIC measurement of not more Interested persons are invited to than 1000 units be recorded, should participate in the making of these contact with the cabin interior occur. DEPARTMENT OF TRANSPORTATION proposed special conditions by The HIC is based on physiological data, submitting such written data, views, or and was first introduced in the Federal Aviation Administration arguments as they may desire. automotive industry. At the time the Communications should identify the rule was written, compliance with the 14 CFR Part 25 regulatory docket or notice number and HIC requirement was expected to [Docket No. NM±133; Notice No. SC±96±6± be submitted in triplicate to the address involve using energy absorbing pads, NM] specified above. All communications upper torso restraints, or increasing received on or before the closing date spacing between seats and interior Special Conditions: Jetstream Aircraft for comments will be considered by the features. In the years following Limited, Jetstream Model 4100 Series Administrator before taking action on publication of the rule, the requirement Airplanes, Passenger Airbag this proposal. The proposal contained in has proved difficult to comply with Installation this notice may be changed in light of using ‘‘conventional’’ means, and there has been commercial resistance to AGENCY: Federal Aviation comments received. All comments installation of upper torso restraint for Administration, DOT. submitted will be available in the Rules Docket for examination by interested passengers. Because of the technical ACTION: Notice of proposed special persons, both before and after the problems, BAe and other manufacturers conditions. closing date for comments. A report were granted temporary exemptions to allow certification of their airplanes SUMMARY: This notice proposes to issue summarizing each substantive public special conditions to Jetstream Aircraft contact with FAA personnel concerning while design solutions were developed. Limited of Prestwick, Scotland this rulemaking will be filed in the One design solution that appeared to (formerly British Aerospace Public docket. Persons wishing the FAA to be impractical early in its adaptation to Limited Company (BAe)) for the acknowledge receipt of their comments aircraft was airbags, even though airbags Jetstream Model 4100 series airplanes. submitted in response to this notice are widely used in automobiles as a This airplane series has a novel or must submit with those comments a supplemental restraint system. While unusual design feature associated with self-addressed, stamped postcard on the service history in automobiles is the installation of passenger airbags. which the following statement is made: quite good, the operating environment Since the applicable airworthiness ‘‘Comments to Docket No. NM–133.’’ and conditions of use in aircraft are regulations do not contain adequate or The postcard will be date/time stamped, quite different from automobiles. The appropriate safety standards for this and returned to the commentor. FAA will not enumerate the differences here, but they include exposure to particular design feature, this notice Background contains the additional safety standards electromagnetic fields, wear and tear which the Administrator finds On May 24, 1989, BAe Public Limited considerations, crash sensing systems necessary to establish a level of safety Company (currently Jetstream Aircraft etc., and did serve to help frame the equivalent to that established by the Ltd.) applied for a type certificate for the content of the proposed special airworthiness standards for transport BAe Model 4100 (currently Jetstream conditions. In any case, airbags were not category airplanes. Model 4101) airplane in the transport envisioned as a means of compliance airplane category. The Model 4100 was with the FAR, and the rules are not DATES: Comments must be received on to be derivative of the Model 3100, adequate to define the necessary or before November 29, 1996. which is a small airplane and is criteria. Therefore, special conditions ADDRESSES: Comments on this proposal certificated under the provisions of part are necessary. may be mailed in duplicate to: Federal 23. Like the Model 3100, the Model Airbags have two potential advantages Aviation Administration, Transport 4100 was a low wing, twin engine turbo- over other means of head impact Airplane Directorate (ANM–100), Attn: prop design. The FAA issued Type protection. They essentially provide Docket No. NM–133, 1601 Lind Avenue Certificate (TC) A41NM for the Jetstream equivalent protection for all sizes of SW., Renton, Washington 98055–4056; Model 4101 airplane on April 9, 1993. occupants and they can provide or delivered in duplicate to the The TC includes Exemption 5587 from significantly greater protection than Transport Comments may be inspected compliance with the head injury criteria would be expected with energy in the Rules Docket weekdays, except (HIC) requirements in § 25.562 of the absorbing pads, for example. These are Federal holidays, between 7:30 a.m. and Federal Aviation Regulations (FAR) for significant advantages from a safety 4:00 p.m. the front row of passenger seats. standpoint, since airbags will likely FOR FURTHER INFORMATION CONTACT: Section 25.562 of the FAR specifies provide a level of safety that exceeds the Jeff Gardlin, Regulations Branch, ANM– that dynamic tests must be conducted FAR minimum standards. Conversely, 114, Transport Airplane Directorate, for each seat type installed in the airbags are an active system, and must Aircraft Certification Service, FAA, airplane. The pass/fail criteria for these be relied upon to activate properly Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules 53681 when needed, as opposed to an energy lightning. Since the senors that trigger protection, and so it would not be absorbing pad or upper torso restraint deployment are electronic, they must be necessary to show that the airbag will that is always available. These potential protected from the effects of these enhance the brace position. However, advantages must be balanced against the threats. Existing Special Conditions No. the airbag must not introduce a hazard potential problems in order to develop 25–ANM–48 are therefore incorporated in that case by deploying into the standards that will provide an by reference. For the purposes of seated, braced occupant. equivalent level of safety to that compliance with those special Since the airbag will be electrically intended by the regulations. conditions, if inadvertent deployment powered, there is the possibility that the The FAA has considered the could cause a hazard to the airplane, the system could fail due to a separation in installation of airbags to have two airbag is considered a critical system; to the fuselage. Since this system is primary safety concerns: first, that they the extent that injuries to persons could intended as crash/post-crash protection perform properly under foreseeable result from inadvertent deployment, the means, failure due to fuselage operating conditions and second, that airbag should be considered an essential separation is not acceptable. As with they do not perform in a manner or at system. Finally, the airbag installation emergency lighting, the system should such times as would constitute a hazard should be protected from the effects of function properly if such a separation to the airplane or occupants. This latter fire, so that an additional hazard is not occurs, at any point in the fuselage. A point has the potential to be the more created by, for example, a rupture, of the separation that occurs at the location of rigorous of the requirements, owing to pyrotechnic squib. the airbag would not have to be the active nature of the system. With In order to be an effective safety considered. this philosophy in mind, the FAA has system, the airbag must function Since the airbag is likely to have a considered the following as a basis for properly and must not introduce any large volume displacement, the inflated the special conditions. additional hazards to occupants as a bag could potentially impede egress of The airbag will rely on electronic result of its functioning. There are passengers. Since the bag deflates to sensors for signaling, and pyrotechnic several areas where the airbag differs absorb energy, it is likely that an airbag charges for activation so that it is from traditional occupant protection would be deflated at the time that available when needed. These same systems, and requires special conditions persons would be trying to leave their devices could be susceptible to to ensure adequate performance. seats. Nonetheless, it is considered inadvertent activation, causing Because the airbag is essentially a appropriate to specify a time interval deployment in a potentially unsafe single use device, there is the potential after which the airbag may not impede manner. The consequences of such that it could deploy under crash rapid egress. Ten seconds has been deployment must be considered in conditions that are not sufficiently chosen as a reasonable time since this establishing the reliability of the system. severe as to require head injury corresponds to the maximum time For example, there is subjective protection from the airbag. Since an allowed for an exit to be openable. In evidence that there may be transient actual crash is frequently composed of actuality, it is unlikely that an exit overpressure (shock) caused by a series of impacts, this could render the would be prepared this quickly in an deployment of the airbag. Jetstream airbag useless is a larger impact follows accident severe enough to warrant must substantiate that the effects of an the initial impact. This situation does deployment of the airbag, and the airbag inadvertent deployment in flight are not exist with energy absorbing pads or either not a hazard to the airplane, or upper torso restraints, which tend to will likely deflate much quicker than that such deployment is an extremely provide protection proportional to the ten seconds. Since the Jetstream 4101 improbable occurrence (less than 10¥9 severity of the impact. Therefore, the does not have an airbag installed at an per flight hour). The effect of an airbag installation should be such that exit passageway, the case where the inadvertent deployment on a passenger the airbag will provide protection when seats are unoccupied is not critical. that might be positioned close to the it is required, and will not expend its Type Certification Basis airbag should also be considered. The protection when it is not needed. There Under the provisions of § 21.101, person could be either standing or is no requirement for the airbag to sitting. A minimum reliability level will provide protection for multiple impacts, Jetstream must show that airbag- have to be established for this case, where more than one impact would equipped 4100 series airplanes comply depending upon the consequences, even require protection. with the regulations in the U.S. type if the effect on the airplane is negligible. The airbag will also potentially serve certification basis established for the The potential for an inadvertent more than one occupant although, since Jetstream Model 4101 airplane. The deployment could be increased as a seats could be unoccupied, this may not W.S. type certification basis for the result of conditions in service. For always be the case. It will be necessary Model 4101 is established in accordance example, an airbag installed in a galley to show that the required protection is with §§ 21.29 and 21.17 of the FAR and wall or windscreen will be subjected to provided for each occupant regardless of the type certification application date. wear and tear associated with loading the number of occupied seats. The U.S. type certification basis is as the galley and rough contact from Since a seat could be occupied by a follows: baggage during aircraft boarding etc. wide range of occupants, the airbag —Part 25 of the FAR dated February 1, Whether or not these conditions are should be effective for a wide range of 1965, as amended by Amendments more severe than in the automotive occupants. The FAA has historically 25–1 through 25–66 (based on the world, the installation must take into considered the range from the 5th BAe application date to CAA–UK for account wear and tear so that the percentile female to the 95th percentile TC), and likelihood of an inadvertent deployment male as the range of occupants that must —Part 25 of the FAR, Amendments 25– is not increased to an unacceptable be taken into account. In a similar vein, 67, 25–68, 25–69, 25–70, and 25–71, level. In this context, an appropriate these persons could have assumed the and inspection interval and self-test brace position, for those accidents —Part 25 of the FAR, §§ 25.361, 25.729, capability are considered necessary. where an impact is anticipated. Test 25.571(e)(2), 25.773(b)(2) and Other outside influences are high data indicate that occupants in the brace 25.905(d), all as amended by intensity electromagnetic fields and position do not require supplemental Amendment 25–72, and 53682 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules

—Part 25 of the FAR, § 25.1419 as determine whether the bag should be The Proposed Special Conditions amended by Amendments 25–1 deployed. Inflation of the bag is Accordingly, the FAA proposes the through 25–66 (BAe elected to comply accomplished by firing of a small following special conditions as part of with this requirement), and pyrotechnic device. the type certification basis for the —Special Conditions No. 25–ANM–48 The FAR state the performance Jetstream Aircraft Limited, Jetstream issued August 29, 1991, Lightning and criteria for head injury protection in Model 4100 Series Airplanes: High Intensity Radiated Fields (HIRF), objective terms, and contain more 1. It must be shown that inadvertent and specific criteria for systems and deployment of the airbag, during the —Other special conditions equipment. None of these criteria are most critical part of the flight, will —FAA Exemptions as follows: adequate, however, to address the either not cause a hazard to the airplane Exemption No. 5587 issued January specific issues raised by airbags. The or is extremely improbable. 13, 1993, head impact criteria FAA has therefore determined that, in 2. It must be shown that an (25.562(c)(5)) for the three most addition to the requirements of part 25, inadvertent deployment that could forward passenger seats in the special conditions are needed to address cause injury to a standing or sitting passenger cabin (Note: Exemption requirements particular to an airbag person, is improbable. number 5587 is a time limited installation. 3. For the purposes of complying with exemption that expires at the date From the standpoint of a passenger Special Conditions No. 25–ANM–48, specified therein unless extended by safety system, the airbag is unique in high intensity radiated fields (HIRF), the the FAA Transport Airplane that it is both an active and entirely airbag system is considered a ‘‘critical Directorate.), and system’’ if its deployment could have a —FAA Equivalent Safety Findings autonomous device. While the —Part 34 of the FAR effective automotive industry has good hazardous effect on the airplane; September 10, 1990, and experience with airbags, the conditions otherwise it is considered an ‘‘essential’’ —Part 36 of the FAR effective December of use and reliance on the airbag as the system. 1, 1969 as amended by Amendments sole means of injury protection are quite 4. It must be shown that the airbag 36–1 through 36–18 including different. In automobile installations, system is not susceptible to inadvertent Appendices A, B and C. the airbag is a supplemental system and deployment as a result of wear and tear or inertial loads resulting from inflight If the Administrator finds that the works in conjunction with an upper or ground maneuvers (including gusts applicable airworthiness regulations torso restraint. In addition, the crash and hard landings) likely to be (i.e., part 25 as amended) do not contain event is more definable and of typically experienced in service. adequate or appropriate safety standards shorter duration, which can simplify the 5. It must be shown that the airbag for Jetstream 4100 series airplanes activation logic. The airplane operating will deploy and provide protection because of a novel or unusual design environment is also quite different from under crash conditions where its use is feature, special conditions are automobiles and includes the potential necessary to prevent serious head prescribed under the provisions of for greater wear and tear, and unanticipated abuse conditions (due to injury. § 21.16 of the FAR to establish a level 6. It must be shown that the airbag of safety equivalent to that established galley loading, passenger baggage, etc.); airplanes also operate where exposure will not be a hazard to occupants that in the regulations. are in the brace position when it Special conditions, as appropriate, are to high intensity electromagnetic fields could affect the activation system. deploys. issued in accordance with § 11.49 after 7. The airbag must provide adequate public notice, as required by §§ 11.28 The following proposed special conditions can be characterized as protection for each occupant regardless and 11.29(b), and become part of the of the number of occupants of the seat type certification basis in accordance addressing either the safety performance of the system, or the system’s integrity assembly. with 21.17(a)(2). 8. It must be shown that the airbag Special conditions are initially against inadvertent activation. Because a will not impede rapid egress of applicable to the model for which they crash requiring use of the airbags is a occupants after 10 seconds following its are issued. Should the type certificate relatively rare event, and because the deployment. consequences of an inadvertent for that model be amended later to 9. It must be shown that the airbag activation are potentially quite severe, include any other model that will not release hazardous quantities of these latter requirements are probably incorporates the same novel or unusual gas or particulate matter into the cabin. design feature, or should any other the more rigorous from a design 10. The airbag must function properly model already included on the same standpoint. after loss of normal electrical power, type certificate be modified to Conclusion: This action affects only and after a transverse separation of the incorporate the same novel or unusual certain novel or unusual design features fuselage at the most critical location. design feature, the special conditions on one model of airplanes. It is not a 11.The airbag installation must be would also apply to the other model rule of general applicability, and it protected from the effects of fire such under the provisions of § 21.101(a)(1). affects only the manufacturer who that no hazard to occupants will result. Novel or Unusual Design Features applied to the FAA for approval of these 12. There must be a means, that is features on the airplane. operable by a crewmember, to verify the The Jetstream Model 4100 series integrity of the airbag activation system. airplanes will incorporate the following List of Subjects in 14 CFR Part 25 novel or unusual features: Issued in Renton, Washington, on October Air transportation, Aircraft, Aviation 4, 1996. The Jetstream Model 4100 series safety, Safety. airplanes will utilize airbags to provide Darrell M. Pederson, head injury protection for occupants The authority citation for these Acting Manager, Transport Airplane seated behind interior walls and proposed special conditions is as Directorate, Aircraft Certification Service, furnishings. The airbags will be follows: ANM–100. activated by acceleration sensors that Authority: 49 U.S.C. 106(g), 40113, 44701, [FR Doc. 96–26324 Filed 10–11–96; 8:45 am] integrate the acceleration time history to 44702, 44704. BILLING CODE 4910±13±M Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules 53683

14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Mr. weight or static moment of the control J. Mike Kiesov, Project Officer, FAA, surfaces at the time of manufacture of [Docket No. 96±CE±38±AD] Small Airplane Directorate, 1201 these sailplanes. If the control surface RIN 2120±AA64 Walnut, suite 900, Kansas City, Missouri weight and static moment of these 64106; telephone (816) 426–6932; sailplanes are not within certain limits, Airworthiness Directives; Glasflugel facsimile (816) 426–2169. flutter could result with subsequent loss Models H301 ``Libelle,'' H301B of control of the sailplane. ``Libelle,'' Standard ``Libelle,'' Standard SUPPLEMENTARY INFORMATION: Libelle 201B, Club Libelle 205, and Comments Invited Applicable Service Information Kestrel Sailplanes Interested persons are invited to Glasflugel has issued amendments to AGENCY: Federal Aviation participate in the making of the the maintenance manual that include Administration, DOT. proposed rule by submitting such procedures for measuring and adjusting ACTION: Notice of proposed rulemaking written data, views, or arguments as the weight and static moment of the (NPRM). they may desire. Communications control surfaces. The following specifies should identify the Rules Docket the maintenance manual amendments SUMMARY: This document proposes to number and be submitted in triplicate to for each specific sailplane model: adopt a new airworthiness directive the address specified above. All (AD) that would apply to Glasflugel communications received on or before Maintenance manual Sailplane models amendment page Models H301 ‘‘Libelle,’’ H301B the closing date for comments, specified numbers ‘‘Libelle,’’ Standard ‘‘Libelle,’’ Standard above, will be considered before taking Libelle 201B, Club Libelle 205, and action on the proposed rule. The H301 Libelle and Pages 14a and 14b. Kestrel sailplanes. The proposed action proposals contained in this notice may H301B Libelle. would require measuring and adjusting be changed in light of the comments Standard Libelle ...... Pages E14a and the control surface weight and static received. E14b. moment, and inserting amendments into Comments are specifically invited on Standard Libelle Pages E15a and the maintenance manual. The proposed the overall regulatory, economic, 201B. E15b. action results from considerable environmental, and energy aspects of Club Libelle 205 ...... Pages 42a and 42b. Kestrel ...... Pages 27a and 27b. variation of the weight and static the proposed rule. All comments moment of the control surface on the submitted will be available, both before The FAA’s Determination affected sailplanes found during repair and after the closing date for comments, or repainting of the control surface. The in the Rules Docket for examination by The LBA issued LTA AD 96–137, LTA actions specified by the proposed AD interested persons. A report that AD 96–138, and LTA AD 96–139, all are intended to prevent sailplane flutter summarizes each FAA-public contact dated April 9, 1996, in order to assure because the weight and static moment of concerned with the substance of this the continued airworthiness of these the control surface are not within proposal will be filed in the Rules sailplanes in Germany. certain limits, which could result in Docket. This sailplane model is manufactured Commenters wishing the FAA to flutter and subsequent loss of control of in Germany and is type certificated for acknowledge receipt of their comments the sailplane. operation in the United States under the submitted in response to this notice DATES: Comments must be received on provisions of section 21.29 of the must submit a self-addressed, stamped or before December 13, 1996. Federal Aviation Regulations (14 CFR postcard on which the following 21.29) and the applicable bilateral ADDRESSES: Submit comments in statement is made: ‘‘Comments to airworthiness agreement. Pursuant to triplicate to the Federal Aviation Docket No. 96–CE–38–AD.’’ The this bilateral airworthiness agreement, Administration (FAA), Central Region, postcard will be date stamped and the LBA has kept the FAA informed of Office of the Assistant Chief Counsel, returned to the commenter. Attention: Rules Docket No. 96–CE–38– the situation described above. The FAA AD, Room 1558, 601 E. 12th Street, Availability of NPRMs has examined the findings of the LBA; Kansas City, Missouri 64106. Comments Any person may obtain a copy of this reviewed all available information, may be inspected at this location NPRM by submitting a request to the including the maintenance manual between 8 a.m. and 4 p.m., Monday FAA, Central Region, Office of the amendments referenced above; and through Friday, holidays excepted. Assistant Chief Counsel, Attention: determined that AD action is necessary Service information that applies to the Rules Docket No. 96–CE–38–AD, Room for products of this type design that are proposed AD may be obtained from 1558, 601 E. 12th Street, Kansas City, certificated for operation in the United Glasflugel, c/o Hr. H. Streifeneder, Missouri 64106. States. Glasfaser-Flugzeug-Service GmbH, Explanation of the Provisions of the Hofener Weg, D–72582 Grabenstetten, Discussion Proposed AD Germany. This information also may be The Luftfahrt-Bundesamt (LBA), examined at the Rules Docket at the which is the airworthiness authority for Since an unsafe condition has been address below. Send comments on the Germany, recently notified the FAA that identified that is likely to exist or proposal in triplicate to the Federal an unsafe condition may exist on develop in other Glasflugel Models Aviation Administration (FAA), Central Glasflugel Models H301 ‘‘Libelle’’, H301 ‘‘Libelle’’, H301B ‘‘Libelle’’, Region, Office of the Assistant Chief H301B ‘‘Libelle’’, Standard ‘‘Libelle’’, Standard ‘‘Libelle’’, Standard Libelle Counsel, Attention: Rules Docket No. Standard Libelle 201B, Club Libelle 205, 201B, Club Libelle 205, and Kestrel 96–CE–38–AD, Room 1558, 601 E. 12th and Kestrel sailplanes. The LBA reports sailplanes of the same type design Street, Kansas City, Missouri 64106. that considerable variation in the weight registered in the United States, the FAA Comments may be inspected at this and static moment of the control is proposing AD action. The proposed location between 8 a.m. and 4 p.m., surfaces on 10 of the affected sailplanes AD would require measuring and Monday through Friday, holidays was found during repair or repainting. adjusting the control surface weight and excepted. Glasflugel did not define the required static moment, and inserting the 53684 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules following amendments into the power and responsibilities among the been eliminated, the request should include maintenance manual, as applicable: various levels of government. Therefore, specific proposed actions to address it. in accordance with Executive Order Compliance: Required within the next Maintenance manual 12612, it is determined that this three calendar months after the effective date Sailplane models amendment page of this AD or at the time of any repair to or numbers proposal would not have sufficient federalism implications to warrant the repainting of the control surface, whichever occurs first, unless already accomplished. H301 Libelle and Pages 14a and 14b. preparation of a Federalism Assessment. To prevent sailplane flutter because the H301B Libelle. For the reasons discussed above, I weight and static moment of the control Standard Libelle ...... Pages E14a and certify that this action (1) is not a surface are not within certain limits, which E14b. ‘‘significant regulatory action’’ under Standard Libelle Pages E15a and could result loss of control of the sailplane, Executive Order 12866; (2) is not a accomplish the following: 201B. E15b. ‘‘significant rule’’ under DOT Club Libelle 205 ...... Pages 42a and 42b. (a) Measure and adjust the control surface Kestrel ...... pages 27a and 27b. Regulatory Policies and Procedures (44 weight and static moment in accordance with FR 11034, February 26, 1979); and (3) if the maintenance manual amendments Compliance Time of the Proposed AD promulgated, will not have a significant referenced in paragraph (b) of this AD. economic impact, positive or negative, (b) Insert the following amendments into The compliance time for the proposed on a substantial number of small entities the sailplane maintenance manual, as AD is presented in calendar time and under the criteria of the Regulatory applicable: whenever the control surface is repaired Flexibility Act. A copy of the draft or repainted (the prevalent one being regulatory evaluation prepared for this Amendment page Sailplane models numbers that which occurs first). The FAA has action has been placed in the Rules determined that a calendar time for Docket. A copy of it may be obtained by compliance would be desirable because H301 Libelle and Pages 14a and 14b. contacting the Rules Docket at the H301B Libelle. the unsafe condition described by the location provided under the caption Standard Libelle ...... Pages E14a and E14b. proposed AD is not directly related to ADDRESSES. Standard Libelle Pages E15a and E15b. sailplane operation. The control surface 201B. weight and static moment could become List of Subjects in 14 CFR Part 39 Club Libelle 205 ...... Pages 42a and 42b. outside the specified limits after repair Air transportation, Aircraft, Aviation Kestrel ...... Pages 27a and 27b. or repainting instead of occurring safety, Safety. during normal operation of the (c) Inserting the amendments into the sailplane. Also, if the sailplane control The Proposed Amendment maintenance manual as required by surface is already scheduled for repair Accordingly, pursuant to the paragraph (b) of this AD may be performed or repainting, then accomplishing the authority delegated to me by the by the owner/operator holding at least a proposed action at the time of repair or Administrator, the Federal Aviation private pilot certificate as authorized by section 43.7 of the Federal Aviation repainting would not force the owner/ Administration proposes to amend part operator to schedule this action at a Regulations (14 CFR 43.7), and must be 39 of the Federal Aviation Regulations entered into the aircraft records showing later time and would allow the action to (14 CFR part 39) as follows: be accomplished during already- compliance with this AD in accordance with scheduled maintenance. section 43.11 of the Federal Aviation PART 39ÐAIRWORTHINESS Regulations (14 CFR 43.11). Cost Impact DIRECTIVES (d) Special flight permits may be issued in The FAA estimates that 174 sailplanes 1. The authority citation for part 39 accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR in the U.S. registry would be affected by continues to read as follows: 21.197 and 21.199) to operate the sailplane the proposed AD, that it would take Authority: 49 USC 106(g), 40113, 44701. to a location where the requirements of this approximately 1 workhour per sailplane AD can be accomplished. to accomplish the proposed action, and § 39.13 [Amended] (e) An alternative method of compliance or that the average labor rate is 2. Section 39.13 is amended by adjustment of the compliance time that approximately $60 an hour. Material to adding a new airworthiness directive provides an equivalent level of safety may be accomplish the surface control weight (AD) to read as follows: approved by the Manager, Small Airplane and static moment balance costs Directorate, FAA, 1201 Walnut, suite 900, Glasflugel: Docket No. 96–CE–38–AD. approximately $10 per sailplane. Based Kansas City, Missouri 64106. The request on these figures, the total cost impact of Applicability: Models H301 ‘‘Libelle’’, shall be forwarded through an appropriate H301B ‘‘Libelle’’, Standard ‘‘Libelle’’, FAA Maintenance Inspector, who may add the proposed AD on U.S. operators is Standard Libelle 201B, Club Libelle 205, and estimated to be $12,180. This figure comments and then send it to the Manager, Kestrel sailplanes (all serial numbers), Small Airplane Directorate. only takes into account the one-time certificated in any category. Note 2: Information concerning the measurement and adjustment of the Note 1: This AD applies to each sailplane control surface weight and static existence of approved alternative methods of identified in the preceding applicability compliance with this AD, if any, may be moment; it does not reflect the time it provision, regardless of whether it has been obtained from the Small Airplane modified, altered, or repaired in the area would take an owner/operator of an Directorate. affected sailplane to insert the subject to the requirements of this AD. For (f) All persons affected by this directive amendments into the maintenance sailplanes that have been modified, altered, may obtain copies of the maintenance manual. or repaired so that the performance of the requirements of this AD is affected, the manual amendments referred to herein upon Regulatory Impact owner/operator must request approval for an request to Glasflugel, c/o Hr. H. Streifeneder, Glasfaser-Flugzeug-Service GmbH, Hofener The regulations proposed herein alternative method of compliance in accordance with paragraph (e) of this AD. Weg, D–72582 Grabenstetten, Germany; or would not have substantial direct effects The request should include an assessment of may examine these amendments at the FAA, on the States, on the relationship the effect of the modification, alteration, or Central Region, Office of the Assistant Chief between the national government and repair on the unsafe condition addressed by Counsel, Room 1558, 601 E. 12th Street, the States, or on the distribution of this AD; and, if the unsafe condition has not Kansas City, Missouri 64106. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules 53685

Issued in Kansas City, Missouri, on these colloidal silver products were lupus, syphilis, scarlet fever, shingles, October 7, 1996. recognized as official articles in the herpes, pneumonia, typhoid, Marvin R. Nuss, United States Pharmacopeia (U.S.P.) exanthematic typhus, tetanus, variola, Acting Manager, Small Airplane Directorate, and the National Formulary (N.F.). scarlatina, erysipelas, rheumatism, Aircraft Certification Service. Colloidal silver iodide (Ref. 1) contained candida, staphylococcus and [FR Doc. 96–26253 Filed 10–11–96; 8:45 am] not less than 18 percent and not more streptococcus infections, tonsillitis, BILLING CODE 4910±13±U than 22 percent silver, with the product parasites, fungus, bubonic plague, diluted for local use to concentrations cholera, chronic fatigue, acne, warts, from 0.05 to 10 percent. Strong silver Meniere’s disease (syndrome), DEPARTMENT OF HEALTH AND protein (Ref. 1) contained not less than whooping cough, enlarged prostate, HUMAN SERVICES 7.5 percent and not more than 8.5 perineal eczema, hemorrhoids, percent silver, with the product diluted impetigo, ringworm, recurrent boils, Food and Drug Administration for local use to concentrations from 0.5 burns, and appendicitis. to 10 percent. The 10th edition of the Several marketers of these products 21 CFR Part 310 N.F. had a cautionary note for these use a labeling brochure that refers to [Docket No. 96N±0144] products that stated: ‘‘Caution: colloidal silver as a treatment or cure for Solutions of Colloidal Silver Iodide 650 diseases (Ref. 4). Some colloidal Over-the-Counter Drug Products should be freshly prepared and should silver products have been promoted Containing Colloidal Silver Ingredients be dispensed in amber-colored bottles,’’ using reprints of articles, taken from or Silver Salts and ‘‘Caution: Strong Silver Protein magazines and newspapers, that make Solutions should be freshly prepared claims of extensive health benefits for AGENCY: Food and Drug Administration, and should be dispensed in amber- colloidal silver, similar to the claims HHS. colored bottles.’’ listed above. The articles have also been ACTION: Proposed rule. Mild silver protein (Ref. 2) contained shipped with colloidal silver products, not less than 19 percent and not more when the products were ordered SUMMARY: The Food and Drug than 23 percent silver, with the product through the mail (Ref. 5). The dosage Administration (FDA) is proposing to diluted for local use to concentrations form of these colloidal silver products is establish that all over-the-counter (OTC) from 0.1 to 5 percent. The 12th edition usually oral, but product labeling also drug products containing colloidal of the N.F. had a cautionary note, which contains directions for topical and, silver ingredients or silver salts for stated: ‘‘Caution: Solutions of Mild occasionally, intravenous use. internal or external use are not generally Silver Protein should be freshly In October 1994, FDA issued Health recognized as safe and effective and are prepared or contain a suitable stabilizer, Fraud Bulletin #19 (Ref. 6) to address misbranded. FDA is issuing this and should be dispensed in amber- the emerging marketing of colloidal proposal because many products colored bottles.’’ silver products offered for serious containing colloidal silver ingredients Ammoniacal silver nitrate solution disease conditions. In that bulletin, the or silver salts are being marketed for (Ref. 2) contained 28.5 to 30.5 percent agency stated that it was ‘‘not aware of numerous serious disease conditions silver, was made extemporaneously, and any substantial scientific evidence and FDA is not aware of any substantial was used locally without dilution. which demonstrates that any OTC scientific evidence that supports the use Silver nitrate solution (Ref. 3) was made colloidal silver solution is useful to of OTC colloidal silver ingredients or extemporaneously and was used locally prevent or treat any serious disease silver salts for these disease conditions. at strengths from 0.1 to 10 percent. condition.’’ The bulletin explained that None of these formerly recognized DATES: Written comments by January 13, FDA has not approved a new drug 1997; written comments on the agency’s colloidal silver preparations has been application (NDA) for a colloidal silver economic impact determination by official in the U.S.P. or the N.F. since product. In addition, the bulletin stated January 13, 1997. FDA is proposing that 1975. Moreover, of the silver salts no data or information has been any final rule that may issue based on evaluated as part of the agency’s OTC submitted to FDA to document an this proposal become effective 30 days drug review thus far, none was found to exemption from the new drug after its date of publication in the be generally recognized as safe and provisions of the Federal Food, Drug, Federal Register. effective for its intended use(s). These and Cosmetic Act (the act) under the included silver nitrate as an astringent 1938 or 1962 grandfather provisions. ADDRESSEES: Submit written comments (58 FR 27636, May 10, 1993) and as a The bulletin referred to 21 CFR to the Dockets Management Branch smoking deterrent (58 FR 31236, June 1, 314.200(e)(2), which sets forth the type (HFA–305), Food and Drug 1993) and mild silver protein as an of evidence necessary to support an Administration, 12420 Parklawn Dr., ophthalmic anti-infective (57 FR 60416, exemption under a grandfather rm. 1–23, Rockville, MD 20857. December 18, 1992). Silver acetate was provision. FOR FURTHER INFORMATION CONTACT: also evaluated as a smoking deterrent III. The ‘‘Grandfather’’ Exemption Bradford W. Williams, Center for Drug and found not to be generally Evaluation and Research (HFD–310), recognized as safe and effective (58 FR Some marketers of various colloidal Food and Drug Administration, 7520 31236). silver preparations claim their products Standish Pl., Rockville, MD 20855, 301– are exempt from the ‘‘new drug’’ 594–0063. II. Recent Developments provisions of section 201(p) of the act SUPPLEMENTARY INFORMATION: In recent years, colloidal silver (21 U.S.C. 321(p)) under the preparations of unknown formulation ‘‘grandfather’’ provisions of the 1938 act I. Background have been appearing in retail outlets. and the 1962 amendments to the act. Colloidal silver is a suspension of These products are labeled for The marketers frequently claim that silver particles in a colloidal base. numerous disease conditions, including their products were marketed before Historically, a number of colloidal human immunodeficiency virus (HIV), 1938, that only insubstantial changes silver/silver colloidal salts have been acquired immune deficiency syndrome have been made in product formulation marketed in the United States. Some of (AIDS), cancer, tuberculosis, malaria, and labeling since that time, and that 53686 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules the products’ current labeling contains IV. Evidence of Safety and Effectiveness many organs. The highest the same representations for use as FDA is not aware of any body of data concentrations are found in the skin, those contained in the labeling used that supports the use of colloidal silver liver, spleen, and adrenal glands, with before 1938. for the various conditions listed in the lesser deposits in the muscle and brain. To qualify for exemption from the labeling (Refs. 4 and 5) used with Argyria is the most commonly reported ‘‘new drug’’ definition under the 1938 currently marketed products. adverse event and results from ‘‘grandfather’’ clause, the drug product The 1939 book, ‘‘Argyria, The accumulation of silver deposits in the must have been subject to the Food and Pharmacology of Silver’’ (Ref. 7), skin below the epidermis. Argyria is Drugs Act of 1906, before June 25, 1938, discussed the history and effectively irreversible. and at such time its labeling must have pharmacophysiologic effects of silver As noted in section I. of this contained the same representations administration. It included a summary document, a number of silver salts were concerning the conditions of its use chapter on the negative effects of evaluated as part of FDA’s OTC drug (section 201(p)(1) of the act). Under the argyria, a permanent ashen-grey review, and none was found to be 1962 ‘‘grandfather’’ clause, a drug discoloration of the skin, conjuctiva, generally recognized as safe and product that, preceding October 9, 1962, and internal organs, resulting from the effective for its intended use(s). (1) Was commercially used or sold in silver salts. The book also included an Accordingly, FDA concludes at this the United States, (2) was not a ‘‘new index that listed proprietary silver time that no colloidal silver ingredients drug’’ as defined in the 1938 act, and (3) compounds marketed at that time. or silver salts are generally recognized was not covered by an approved NDA Goodman and Gilman described as safe and effective for OTC use. under the 1938 act, would not be subject colloidal silver use in earlier editions of to the added requirement of V. The Agency’s Proposal The Pharmacological Basis of effectiveness ‘‘when intended solely for Therapeutics (Refs. 8 and 9). But in the FDA is proposing to declare all OTC use, under conditions prescribed, 1980 edition (Ref. 10), Goodman and drug products containing colloidal recommended, or suggested in the Gilman stated: silver ingredients or silver salts as not labeling with respect to such drug.’’ Claims that mild silver protein penetrates generally recognized as safe and (Pub. L. 87–781, sec. 107(c)(4), 76 Stat. tissue at the site of application because effective, misbranded, and new drugs 788, note following 21 U.S.C. 321.) chloride ion does not precipitate the silver within the meaning of section 201(p) of FDA does not believe that any of the are misleading. The large-carrier protein the act. FDA proposes to amend subpart currently marketed products qualify for molecule penetrates poorly. Fortunately, the E of part 310 (21 CFR part 310) by the exemption, because the currently colloidal silver preparations are now in a adding new § 310.548 for OTC drug marketed silver products do not appear deserved oblivion. products containing colloidal silver Goodman and Gilman (Ref. 10) also to be the same as the silver products ingredients or silver salts. The agency stated that the indiscriminate use of marketed in the early 1900’s. Unlike the invites any interested parties to collect colloidal silver solutions, especially in silver preparations that were once and submit any existing data and the prophylaxis and treatment of compendial articles, these new colloidal information that support the safety and respiratory tract infections, probably silver preparations, based on their effectiveness of colloidal silver does more harm than good. They labeling and/or product analysis, appear ingredients or silver salts for any of the mentioned that there is no acceptable to contain less silver than the products uses not already evaluated under the evidence that the routine use of silver marketed historically. Many of the OTC drug review. Safety data should be solutions for the prophylaxis of colds is products FDA has sampled lack an in accord with § 330.10(a)(4)(i) (21 CFR at all efficacious, and cases of argyria ingredient declaration. Samples of some 330.10(a)(4)(i)) and effectiveness data in have resulted from this practice. products analyzed by FDA laboratories accord with § 330.10(a)(4)(ii). The contained as little as 0.01 percent silver. Remington’s Pharmaceutical Sciences agency will evaluate these data and Analyses showed potency varied from (Ref. 11) and The Dispensatory of the determine if any colloidal silver 15.2 percent to 124 percent of the United States of America (Ref. 12) state ingredients or silver salts should not be amount of silver declared on the labels. that long-term use of silver preparations included in new § 310.548. However, FDA has not analyzed the could lead to argyria. Concerns about majority of the products on the market the side effects of argyria may have VI. References and, thus, is unable to state their actual contributed to reduced medical usage of The following references have been silver content. colloidal silver products. placed on display in the Dockets Any person seeking to show that a The Dispensatory of the United States Management Branch (address above) drug comes within a grandfather of America (Ref. 12) also stated that and may be seen by interested persons exemption must prove every essential there is no justification for the internal between 9 a.m. and 4 p.m., Monday fact necessary for invocation of the use of colloidal silver either through Friday. exemption. (See United States v. An theoretically or practically. 1. National Formulary, 10th ed., pp. 517 Article of Drug * * * ‘‘Bentex Ulcerine,’’ Recently, Fung and Bowen (Ref. 13) and 520, Rockville, MD, 1955. 469 F.2d 875, 878 (5th Cir. 1972), cert. reviewed the basic chemistry, 2. National Formulary, 12th ed., pp. 354– denied, 412 U.S. 938 (1973).) pharmacokinetics, pharmacology, 355, Rockville, MD, 1965. Furthermore, the grandfather clause will clinical toxicology, and case reports of 3. The Pharmacopeia of the United States, be strictly construed against one who adverse events of OTC silver-containing 16th ed., pp. 643–644, Rockville, MD, 1960. invokes it. (See id.; United States v. medicinal products, including colloidal 4. Labeling brochure for ‘‘Colloidal Silver.’’ Allan Drug Corp., 357 F.2d 713, 718 silver proteins. They concluded that 5. Reprints of articles and labeling that (10th Cir.), cert. denied, 385 U.S. 899 silver has no known physiologic accompanied samples of colloidal silver (1966).) A change in the composition or function and that the risk of using these shipped through the mail. 6. Food and Drug Administration, Health labeling of the product precludes the products exceeds any unsubstantiated Fraud Bulletin #19, ‘‘Colloidal Silver,’’ applicability of the grandfather benefit. October 7, 1994. exemption. (See USV Pharmaceutical Fung and Bowen reported that, after 7. Hill, W. B., and D. M. Pillsbury, Argyria, Corp. v. Weinberger, 412 U.S. 655, 663 ingestion, up to 10 percent of silver salts The Pharmacology of Silver, The Williams & (1973).) may be absorbed. Silver is deposited in Wilkins Co., Baltimore, 1939. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules 53687

8. The Pharmacological Basis of Drugs certifies that this proposed rule PART 310ÐNEW DRUGS Therapeutics, Goodman and Gilman, 4th ed., will not have a significant economic p. 1050, 1970. impact on a substantial number of small 1. The authority citation for 21 CFR 9. The Pharmacological Basis of part 310 continues to read as follows: entities. No further analysis is required. Therapeutics, Goodman and Gilman, 5th ed., Authority: Secs. 201, 301, 501, 502, 503, pp. 930, 931, 999, and 1000, 1975. The agency invites public comment 505, 506, 507, 512–516, 520, 601(a), 701, 704, 10. The Pharmacological Basis of regarding any substantial or significant 705, 721 of the Federal Food, Drug, and Therapeutics, Goodman and Gilman, 6th ed., economic impact that this rulemaking Cosmetic Act (21 U.S.C. 321, 331, 351, 352, pp. 976–977, 1980. would have on OTC drug products 353, 355, 356, 357, 360b–360f, 360j, 361(a), 11. Remington’s Pharmaceutical Sciences, containing colloidal silver ingredients 371, 374, 375, 379e); secs. 215, 301, 302(a), 16th ed., pp. 351, 727, and 1111, 1980. 351, 354–360F of the Public Health Service 12. The Dispensatory of the United States or silver salts. Comments regarding the impact of this rulemaking on OTC drug Act (42 U.S.C. 216, 241, 242(a), 262, 263b– of America, 25th ed., pp. 1234–1236, 1960. 263n). 13. Fung, M. C., and D. L. Bowen, ‘‘Silver products containing colloidal silver Products for Medical Indications: Risk- ingredients or silver salts should be 2. New § 310.548 is added to subpart benefit Assessment,’’ Clinical Toxicology, accompanied by appropriate E to read as follows: March 1996. documentation. The agency is providing § 310.548 Drug products containing VII. Analysis of Impacts a period of 90 days from the date of colloidal silver ingredients or silver salts publication of this proposed rule for offered over-the-counter (OTC) for the FDA has examined the impacts of the comments on this subject to be treatment and/or prevention of disease. proposed rule under Executive Order developed and submitted. The agency (a) Colloidal silver ingredients and 12866 and the Regulatory Flexibility Act will evaluate any comments and silver salts have been marketed in over- (Pub. L. 96–354). Executive Order 12866 supporting data that are received and the-counter (OTC) drug products for the directs agencies to assess all costs and will reassess the economic impact of treatment and prevention of numerous benefits of available regulatory this rulemaking in the preamble to the disease conditions. There are serious alternatives and, when regulation is final rule. and complicating aspects to many of the necessary, to select regulatory diseases these silver ingredients purport approaches that maximize net benefits VIII. Environmental Impact to treat or prevent. Further, there is a (including potential economic, lack of adequate data to establish environmental, public health and safety, The agency has determined under 21 CFR 25.24(c)(6) that this action is of a general recognition of the safety and and other advantages; distributive effectiveness of colloidal silver type that does not individually or impacts; and equity). The agency ingredients or silver salts for OTC use in cumulatively have a significant effect on believes that this proposed rule is the treatment or prevention of any the human environment. Therefore, consistent with the regulatory disease. These ingredients and salts neither an environmental assessment philosophy and principles identified in include, but are not limited to, silver the Executive Order. In addition, the nor an environmental impact statement proteins, mild silver protein, strong proposed rule is not a significant is required. silver protein, silver chloride, and silver regulatory action as defined by the IX. Request for Comments and Data iodide. Executive Order and so is not subject to (b) Any OTC drug product containing review under the Executive Order. Interested persons may, on or before colloidal silver ingredients or silver Under the Regulatory Flexibility Act, January 13, 1997 submit to the Dockets salts that is labeled, represented, or if a rule has a significant impact on a Management Branch (address above) promoted for the treatment and/or substantial number of small entities, an written comments and data in response prevention of any disease is regarded as agency must analyze regulatory options to the proposed rule. Written comments a new drug within the meaning of that would minimize any significant on the agency’s economic impact section 201(p) of the Federal Food, impact of a rule on small entities. Early determination may be submitted on or Drug, and Cosmetic Act (the act) for finalization of the regulatory status of before January 13, 1997. Three copies of which an approved application or colloidal silver ingredients and silver all comments or objections are to be abbreviated application under section salts will benefit consumers by the early submitted, except that individuals may 505 of the act and part 314 of this removal from the marketplace of submit one copy. Comments and data chapter is required for marketing. In the products for which safety and should be identified with the docket absence of an approved new drug effectiveness have not been established. number found in brackets in the application or abbreviated new drug This will result in a direct economic heading of this document and may be application, such product is also savings and public health protection to accompanied by a supporting misbranded under section 502 of the consumers. In addition, other approved memorandum or brief. Received act. products may be available to treat the comments and data may be seen in the (c) Clinical investigations designed to conditions. This particular rulemaking office above between 9 a.m. and 4 p.m., obtain evidence that any drug product for OTC colloidal silver and silver salts Monday through Friday. containing colloidal silver or silver salts drug products is not expected to pose a labeled, represented, or promoted for significant impact on small business List of Subjects in 21 CFR Part 310 any OTC drug use is safe and effective because only a limited number of for the purpose intended must comply Administrative practice and products, the agency estimates fewer with the requirements and procedures procedure, Drugs, Labeling, Medical than 30, would be covered by this governing the use of investigational new devices, Reporting and recordkeeping rulemaking. A number of silver drugs set forth in part 312 of this ingredients have already been covered requirements. chapter. in earlier rulemakings in the OTC drug Therefore, under the Federal Food, (d) After (date 30 days after date of review, and none were found safe and Drug, and Cosmetic Act and under publication of the final rule in the effective for OTC human use. Under the authority delegated to the Commissioner Federal Register), any such OTC drug Regulatory Flexibility Act (5 U.S.C. of Food and Drugs, it is proposed that product containing colloidal silver or 605(b)), the Commissioner of Food and 21 CFR part 310 be amended as follows: silver salts initially introduced or 53688 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules initially delivered for introduction into 26 CFR Part 1 Bureau of Alcohol, Tobacco and interstate commerce that is not in Firearms compliance with this section is subject [FI±59±94] to regulatory action. 27 CFR Part 55 Dated: October 9, 1996. RIN 1545±AU06 (Notice No. 841) William K. Hubbard, RIN: 1512±AB55 Associate Commissioner for Policy Modifications of Bad Debts and Dealer Coordination. Assignments of National Principal Commerce in Explosives [FR Doc. 96–26371 Filed 10–11–96; 8:45 am] Contracts; Correction BILLING CODE 4160±01±F AGENCY: Bureau of Alcohol, Tobacco AGENCY: Internal Revenue Service, and Firearms, Treasury. Treasury. ACTION: Notice of proposed rulemaking. ACTION: Correction to the notice of DEPARTMENT OF THE TREASURY SUMMARY: The Bureau of Alcohol, proposed rulemaking by cross-reference Tobacco and Firearms (ATF) proposes Internal Revenue Service to temporary regulations. to amend the explosives regulations to require the explosives industry to notify 26 CFR Part 1 SUMMARY: This document contains a local law enforcement officials and fire correction to the notice of proposed departments of sites where explosives [FI±48±95] rulemaking by cross-reference to are stored or manufactured, increase temporary regulations (FI–59–94) which license and permit fees, eliminate the RIN 1545±AU09 was published in the Federal Register manufacturer-limited license, amend on Tuesday, June 25, 1996 (61 FR the definitions of ‘‘fireworks’’, Amortizable Bond Premium; Hearing 32728). The notice of proposed ‘‘fireworks nonprocess building’’ and Cancellation rulemaking by cross-reference to ‘‘highway’’, and amend the American temporary regulations relates to the Table of Distances to conform with the AGENCY: Internal Revenue Service, allowance of a deduction for a partially explosives industry’s latest revisions. Treasury. worthless debt when the terms of a debt The intended effect of these changes is ACTION: Cancellation of notice of public instrument have been modified. to protect public safety, eliminate hearing on proposed regulations. duplication with respect to licensing FOR FURTHER INFORMATION CONTACT: requirements, and to update references Craig R. Wojay, (202) 622–3920 (not a SUMMARY: This document provides and definitions to reflect current notice of cancellation of a public toll-free number). industry and U.S. Department of Transportation terminology. hearing on proposed regulations relating SUPPLEMENTARY INFORMATION: to the federal income tax treatment of DATES: Written comments must be bond premium and bond issuance Background received by January 13, 1997. premium. The public hearing originally The notice of proposed rulemaking by ADDRESSES: Send written comments to: scheduled for October 23, 1996, cross-reference to temporary regulations Chief, Firearms and Explosives beginning at 10:00 a.m. is cancelled. that is subject to this correction is under Operations Branch, Bureau of Alcohol, FOR FURTHER INFORMATION CONTACT: sections 166 and 1001 of the Internal Tobacco and Firearms, 650 Christina Vasquez of the Regulations Revenue Code. Massachusetts Avenue, N.W., Unit, Assistant Chief Counsel Washington, DC 20091–0221. ATTN: (Corporate), (202) 622–6808 (not a toll- Need for Correction Notice No. 841. FOR FURTHER INFORMATION CONTACT: Gail free number). As published, the notice of proposed Hosey, Firearms and Explosives SUPPLEMENTARY INFORMATION: The rulemaking by cross-reference to Regulatory Division, Bureau of Alcohol, subject of the public hearing is proposed temporary regulations (FI–59–94) Tobacco and Firearms, 650 regulations under section 171 of the contains an error which may prove to be Massachusetts Avenue, NW, Internal Revenue Code. A notice of misleading and is in need of Washington, DC 20226, (202–927–8310). proposed rulemaking and notice of clarification. SUPPLEMENTARY INFORMATION: public hearing appearing in the Federal The Register for Thursday, June 27, 1996 (61 Correction of Publication Bureau of Alcohol, Tobacco and FR 33396), announced that a public Firearms (ATF) and the explosives Accordingly, the publication of the industry have become increasingly hearing on the proposed regulations notice of proposed rulemaking by cross- would be held on Wednesday, October concerned about the number and reference to temporary regulations (FI– 23, 1996, beginning at 10:00 a.m., in the severity of accidental explosions that 59–94) which is the subject of FR Doc. Commissioner’s Conference room, room have occurred at sites where explosives 96–15831 is corrected as follows: 3313, 1111 Constitution Avenue NW, are stored without the knowledge of Washington, D.C. On page 32728, column 2, in the State and local officials. Serious explosions have occurred that resulted The public hearing scheduled for heading, the RIN ‘‘RIN 1545–AT08’’ is corrected to read ‘‘RIN 1545–AU06’’. in multiple deaths and injuries. Wednesday, October 23, 1996, is In 1988, 6 firefighters were killed as cancelled. Cynthia E. Grigsby, a result of fighting a fire at a Cynthia E. Grigsby, Chief, Regulations Unit, Assistant Chief construction site where explosives were Chief, Regulations Unit, Assistant Chief Counsel (Corporate). stored and had not been reported. ATF Counsel (Corporate). [FR Doc. 96–26356 Filed 10–11–96; 8:45 am] is concerned with the safety of [FR Doc. 96–26355 Filed 10–11–96; 8:45 am] BILLING CODE 4830±01±U emergency response personnel BILLING CODE 4830±01±U responding to fires on sites where Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules 53689 explosives are stored. In discussions licensing fees charged by State and local substantial number of small entities. with industry representatives on this governments, the OIG recommended Accordingly, a regulatory flexibility subject, the Institute of Makers of that ATF raise the fees to the maximum analysis is not required. These proposed Explosives (IME), an industry amount permitted. ATF concurs with regulations provide clarification and organization concerned with safety, the recommendation and proposes that consistency with industry terminology. requested that ATF incorporate two the license and permit fees be raised In addition, the proposed increases in provisions in the regulations that are accordingly. Under 18 U.S.C. 843(a), the license and permit fees are within the contained in IME safety publications. Secretary of the Treasury has the maximum amounts provided by the The IME recommends that ATF require authority to set the license or permit fee statute. Further, the burden placed on anyone who stores explosive materials in an amount not to exceed $200. licensees and permittees for the to notify local law enforcement officials ATF also proposes to amend the collection and disclosure of information and fire departments of the type, regulations to eliminate the to local law enforcement authorities is magazine capacity, and location of each manufacturer-limited license. Under minimal. site where explosive materials are current regulations, the manufacturer- Paperwork Reduction Act stored. ATF believes that this limited license allows an individual to information is necessary for the safety of engage in the business of manufacturing The collection of information emergency response personnel. explosives materials for his own use and contained in this notice has been Accordingly, this notice proposes the not for sale or distribution. The submitted to the Office of Management addition of this notification requirement manufacturer-limited license is only and Budget for review in accordance to the regulations in Part 55. The valid for a period of 30-days from the with the Paperwork Reduction Act of proposed regulations will require all date of issuance and is not renewable. 1995 (44 U.S.C. 3504(h)). Comments on persons who store explosives to notify Activities covered by this license are the collection of information should be local law enforcement officials and fire also covered by a manufacturer’s license sent to the Office of Management and departments orally before the end of the that is valid for a period of three years Budget, Attention: Desk Officer for the day on which storage of the explosive and is renewable. ATF has not issued Department of the Treasury, Bureau of materials commenced and in writing any manufacturer-limited licenses in the Alcohol, Tobacco and Firearms, Office within 48 hours from the time such last three years and, therefore, ATF has of Information and Regulatory Affairs, storage commenced. This requirement determined that this category of license Washington, DC, 20503, with copies to would not apply to persons who merely is unnecessary. the Chief, Document Services Branch, use but are not subject to the storage ATF also proposes to amend the Room 3450, Bureau of Alcohol, Tobacco requirements of the explosives definitions of ‘‘highway’’ and and Firearms, 650 Massachusetts regulations. ‘‘fireworks’’ and change the names of Avenue, NW, Washington, DC 20226. Under 18 U.S.C. 842(j), the Secretary ‘‘common fireworks’’ to ‘‘consumer The collection of information in this of the Treasury has the authority to fireworks’’ and ‘‘special fireworks’’ to proposed regulation is in 27 CFR issue regulations governing the storage ‘‘display fireworks’’ and amend their 55.201(f). This information is required of explosive materials. Section 842(j) definitions. These definitions are being to inform local law enforcement officials further provides that in promulgating amended to conform to current industry and fire departments of sites where such regulations, the standards of safety terminology and to incorporate the explosives are stored or manufactured. and security recognized in the United Nations (UN) identification This information will be used to protect explosives industry shall be taken into numbers for fireworks as described in emergency response personnel called to consideration. the U.S. Department of Transportation fire scenes where explosives may be Section 846, Title 18, U.S.C., gives the regulations at 49 CFR 172.101. The stored. The likely respondents are Secretary the authority to inspect the definition of ‘‘fireworks nonprocess Federal licensees and permittees who site of any accident or fire in which building’’ is being amended to eliminate store or manufacture explosive there is reason to believe that explosive the unnecessary reference to fireworks materials. Estimated total annual materials were involved so that plant warehouse. ‘‘Fireworks plant reporting burden per respondent: 1.5 precautions may be taken to prevent warehouse’’ is already defined in the hours. Estimated number of similar accidents from occurring. This regulations. respondents: 10,057. Estimated annual provision gives the Secretary the In June 1991, the American Table of frequency of responses: 2. authority to issue regulations intended Distances was revised by the IME. ATF Public Participation to help prevent accidents involving proposes to substantially adopt the explosives. American Table of Distances as revised ATF requests comments on the notice Finally, section 847, Title 18, U.S.C., by the IME. The IME revised the table of proposed rulemaking from all gives the Secretary the authority to to clarify the header for public highways interested persons. Comments received prescribe regulations as he deems and to change the minimum amount of on or before the closing date will be reasonably necessary to carry out the explosives subject to the table from 2 carefully considered. Comments provisions of Chapter 40, Title 18. pounds to any quantity of explosives. received after that date will be given the ATF proposes to increase explosives same consideration if it is practical to license and permit fees to $200 for each Executive Order 12866 do so, but assurance of consideration license and $100 for each permit. In a It has been determined that this cannot be given except as to comments report dated September 29, 1995, the proposed regulation is not a significant received on or before the closing date. U.S. Department of the Treasury, Office regulatory action as defined by ATF will not recognize any material of Inspector General (OIG) found that Executive Order 12866. Therefore, a in comments as confidential. Comments ATF had not raised the explosives regulatory assessment is not required. may be disclosed to the public. Any license and permit fees since the material which the commenter enactment of the Organized Crime Regulatory Flexibility Act considers to be confidential or Control Act of 1970. In order to defray It is hereby certified that these inappropriate for disclosure to the the cost of administering the program proposed regulations will not have a public should not be included in the and to ensure consistency with significant economic impact on a comment. The name of the person 53690 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules submitting a comment is not exempt fireworks are classified as fireworks Department of Transportation at 49 CFR from disclosure. UN0336, UN0337, UN0431, or UN0432 172.101 and 173.52. Any interested person who desires an by the U.S. Department of Par. 5. Section 55.42 is revised to read opportunity to comment orally at a Transportation at 49 CFR 172.101. as follows: public hearing should submit his or her * * * * * § 55.42 License fees. request, in writing, to the Director Display fireworks. Large fireworks (a) Each applicant shall pay a fee for within the 90-day comment period. The designed primarily to produce visible or obtaining a license, a separate fee being Director, however, reserves the right to audible effects by combustion, required for each business premises, as determine, in light of all circumstances, deflagration, or detonation. This term follows: whether a public hearing is necessary. includes, but is not limited to, salutes (1) Manufacturer—$200. Drafting Information containing more than 2 grains (130 mg) (2) Importer—$200. of explosive materials, aerial shells (3) Dealer—$200. The author of this document is Gail containing more than 40 grams of Hosey, Firearms and Explosives (b) Each applicant for a renewal of a pyrotechnic compositions, and other license shall pay a fee for a three year Regulatory Division, Bureau of Alcohol, display pieces which exceed the limits Tobacco and Firearms. license as follows: of explosive materials for classification (1) Manufacturer—$100. List of Subjects in 27 CFR Part 55 as ‘‘consumer fireworks.’’ Display (2) Importer—$100. Administrative practice and fireworks are classified as fireworks (3) Dealer—$100. procedure, Authority delegations, UN0333, UN0334 or UN0335 by the Par. 6. Section 55.43 is revised to read Customs duties and inspection, U.S. Department of Transportation as follows: materials, aerial shells containing more Explosives, Hazardous materials, § 55.43 Permit fees. Imports, Penalties, Reporting and than 40 grams of pyrotechnic recordkeeping requirements, Safety, compositions, and other display pieces (a) Each applicant shall pay a fee for Security measures, Seizures and which exceed the limits of explosive obtaining a permit as follows: forfeitures, Transportation, and materials for classification as ‘‘consumer (1) User—$100. Warehouses. fireworks.’’ Display fireworks are (2) User-limited (nonrenewable)—$75. classified as fireworks UN0333, UN0334 (b) Each applicant for renewal of a Authority and Issuance or UN0335 by the U.S. Department of user permit shall pay a fee of $50 for a 27 CFR Part 55, Commerce in Transportation at 49 CFR § 172.101. three year permit. Explosives, is amended as follows: Fireworks. Any composition or device Par. 7. Section 55.46(b) is revised to designed to produce a visible or an read as follows: Part 55±Commerce in Explosives audible effect by combustion, § 55.46 Renewal of license or permit. deflagration, or detonation, and which Paragraph 1. The authority citation for meets the definition of ‘‘consumer * * * * * 27 CFR part 55 is amended to read as fireworks’’ or ‘‘display fireworks’’ as (b) A user-limited permit is not follows: defined by this section. renewable and is valid for a single purchase transaction. All applications Authority: 18 U.S.C. 842, 846, 847. * * * * * for user-limited permits must be filed on Fireworks nonprocess building. Any Par. 2. Section 55.11 is amended by ATF F 5400.13 or ATF F 5400.16, as office building, or other building or area removing the term ‘‘Common required by § 55.45. in a fireworks plant where no fireworks, Fireworks’’ and adding in its place Par. 8. Section 55.51 is revised to read pyrotechnic compositions or explosive ‘‘Consumer Fireworks’’, by removing the as follows: term ‘‘Special Fireworks’’ and adding in materials are processed or stored. its place ‘‘Display Fireworks’’, by * * * * * § 55.51 Duration of license or permit. placing the new terms in appropriate Highway. Any public street, public An original license or permit is issued alphabetical order, and by revising the alley, or public road. for a period of one year. A renewal definitions of ‘‘Consumer Fireworks’’, * * * * * license or permit is issued for a period ‘‘Display Fireworks’’, ‘‘Fireworks’’, Salute. An aerial shell, classified as a of three years. However, a user-limited ‘‘Fireworks nonprocess building’’, display firework, that contains a charge permit is valid only for a single ‘‘Highway’’, and ‘‘Salute’’ to read as of flash powder and is designed to purchase transaction. follows: produce a flash of light and a loud Par. 9. Section 55.63 is amended by revising the heading of paragraph (d) to § 55.11 Meaning of terms. report as the pyrotechnic effect. read as follows: * * * * * * * * * * Consumer fireworks. Any small Par. 3. Section 55.11 is amended to § 55.63 Explosive magazine changes. firework device designed to produce delete the definitions of ‘‘licensed * * * * * visible effects by combustion and which manufacturer-limited’’ and (d) Magazines acquired or constructed must comply with the construction, ‘‘manufacturer-limited’’. after permit or license is issued. *** chemical composition, and labeling Par. 4. Section 55.30 is amended in paragraphs (a), (b), (d), introductory * * * * * regulations of the U.S. Consumer Par. 10. Section 55.102 is revised to text, by revising ‘‘1–800–424–9555’’ to Product Safety Commission, as set forth read as follows: in title 16, Code of Federal Regulations, read ‘‘1–800–800–3855’’ and by revising parts 1500 and 1507. Some small paragraph (d)(3) to read as follows: § 55.102 Authorized operations by devices designed to produce audible * * * * * permittees and certain licensees. effects are included, such as whistling (d) * * * (a) In general. A permit issued under devices, ground devices containing 50 (3) Description (United Nations (UN) this part does not authorize the mg or less of explosive materials, and identification number, hazard division permittee to engage in the business of aerial devices containing 130 mg or less number, and classification letter, ex. manufacturing, importing, or dealing in of explosive materials. Consumer 1.1D) as classified by the U.S. explosive materials. Accordingly, if a Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules 53691 permittee’s operations bring him within (b)(5), (c)(4) and (c)(5) and replacing (5) Description (dynamite (dyn), the definition of manufacturer, them with the phrase ‘‘display blasting agents (ba), detonators (det), importer, or dealer under this part, he fireworks’’ and the associated display fireworks (df), etc.) and size shall qualify for the appropriate license. abbreviation ‘‘(df)’’. (length and diameter or diameter only of (b) Distributions of surplus stocks. Par. 14. Section 55.123 is amended by display fireworks). Permittees are not authorized to engage removing the phrase ‘‘special fireworks’’ (6) Name, address, and license in the business of sale or distribution of and the associated abbreviation ‘‘(sf)’’ number of the persons from whom the explosive materials. However, where they appear in paragraphs (b)(3), explosive materials are received. permittees may dispose of surplus (b)(4), (c)(4), (c)(5), (d)(2) and (d)(3) and (c) Each permittee shall, not later than stocks of explosive materials to other replacing them with the phrase ‘‘display the close of the next business day licensees or permittees in accordance fireworks’’ and the associated following the date of disposition of with § 55.103, and to nonlicensees or to abbreviation ‘‘(df)’’. surplus explosive materials to another nonpermittees in accordance with Par. 15. Section 55.124 is amended by permittee or a licensee, enter in a § 55.105(d). removing the phrase ‘‘special fireworks’’ separate record the information Par. 11. In Section 55.103, paragraphs and the associated abbreviation ‘‘(sf)’’ prescribed in § 55.124(c). (a)(1) and (a)(2) are revised to read as where they appear in paragraphs (b)(4), (d) Each permittee shall maintain follows: (b)(5), (c)(4) and (c)(5) and replacing separate records of disposition of them with the phrase ‘‘display § 55.103 Transactions among licensees/ surplus stocks of explosive materials to permittees. fireworks’’ and the associated nonlicensees or nonpermittees as abbreviation ‘‘(df)’’. prescribed in § 55.126. (a) General. (1) A licensed importer, Par. 16. Section 55.125 is revised to (e) The regional director (compliance) licensed manufacturer or licensed read as follows: dealer selling or otherwise distributing may authorize alternate records to be explosive materials (or a permittee § 55.125 Records maintained by maintained by a permittee to record his disposing of surplus stock to another permittees. acquisition of explosive materials, when licensee or permittee) who has the (a) Each permittee will take true and it is shown by the permittee that certified information required by this accurate physical inventories which alternate records will accurately and section may sell or distribute explosive will include all explosive materials on readily disclose the required materials to a licensee or permittee for hand required to be accounted for in the information. A permittee who proposes not more than 45 days following the records kept under this part. The to use alternate records shall submit a expiration date of the distributee’s permittee shall take a special inventory, letter application to the regional director license or permit, unless the distributor at the time of commencing business, (compliance) and shall describe the knows or has reason to believe that the which is the effective date of the permit proposed alternate records and the need distributee’s authority to continue issued upon original qualification under for them. Alternate records are not to be business or operations under this part this part; at the time of changing the employed by the permittee until has been terminated. location of his premises to another approval is received from the regional (2) A licensed importer, licensed region; at the time of discontinuing director (compliance). manufacturer or licensed dealer selling business; and at any other time the Par. 17. Section 55.127 is revised to or otherwise distributing explosive regional director (compliance) may in read as follows: materials (or a permittee disposing of writing require. Each special inventory surplus stock to another licensee or is to be prepared in duplicate, the § 55.127 Daily summary of magazine transactions. permittee) shall verify the license or original of which is submitted to the permit status of the distributee prior to regional director (compliance) and the In taking the inventory required by the release of explosive materials duplicate retained by the permittee. If a §§ 55.122, 55.123, 55.124, and 55.125, a ordered, as required by this section. special inventory required by this licensee or permittee shall enter the * * * * * paragraph (a) has not been taken during inventory in a record of daily summary Par. 12. Section 55.105(d) is revised to the calendar year, a permittee is transactions to be kept at each magazine read as follows: required to take at least one physical of an approved storage facility; however, inventory. However, the record of the these records may be kept at one central § 55.105 Distributions to nonlicensees and yearly inventory, other than a special location on the business premises if nonpermittees. inventory required by paragraph (a), separate records of daily transactions * * * * * will remain on file for inspection are kept for each magazine. Not later (d) A permittee may dispose of instead of being sent to the regional than the close of the next business day, surplus stocks of explosive materials to director (compliance). (See also each licensee and permittee shall record a nonlicensee or nonpermittee if the § 55.127). by manufacturer’s name or brand name, nonlicensee or nonpermittee is a (b) Each permittee shall, not later than the total quantity received in and resident of the same State in which the the close of the next business day removed from each magazine during the permittee’s business premises or following the date of acquisition of day, and the total remaining on hand at operations are located, or is a resident explosive materials, enter the following the end of the day. Quantity entries for of a State contiguous to the State in information in a separate record: display fireworks may be expressed as which the permittee’s place of business (1) Date of acquisition. the number and size of individual or operations are located, and if the (2) Name or brand name of display fireworks in a finished state or requirements of paragraphs (b), (c), (e) manufacturer. as the number of packaged display and (f) of this section are fully met. (3) Manufacturer’s marks of segments or packaged displays. * * * * * identification. Information as to the number and size Par. 13. Section 55.122 is amended by (4) Quantity (applicable quantity of display fireworks contained in any removing the phrase ‘‘special fireworks’’ units, such as pounds of explosives, one packaged display shall be provided and the associated abbreviation ‘‘(sf)’’ number of detonators, number of to any ATF officer on request. Any where they appear in paragraphs (b)(4), display fireworks, etc.). discrepancy which might indicate a 53692 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules theft or loss of explosive materials is to Par. 22. Section 55.206 is amended by appears and the term ‘‘display be reported in accordance with § 55.30. revising paragraph (b) to read as follows: fireworks’’ is added in its place. Par. 18. Section 55.141(a)(7) is revised * * * * * Signed: June 3, 1996. to read as follows: (b) Outdoor magazines in which low John W. Magaw, explosives are stored must be located no § 55.141 Exemptions. Director. closer to inhabited buildings, passenger Approved: June 12, 1996. (a) General. * * * railways, public highways, or other John P. Simpson, (7) The importation, distribution, and magazines in which explosive materials are stored, than the minimum distances Deputy Assistant Secretary (Regulatory, storage of fireworks classified as Tariff, and Trade Enforcement). UN0336, UN0337, UN0431, or UN0432 specified in the table of distances for [FR Doc. 96–25817 Filed 10–11–96; 8:45 am] explosives by the U.S. Department of storage of low explosives in § 55.219, Transportation at 49 CFR 172.101 and except that the table of distances in BILLING CODE 4810±31±U generally known as ‘‘consumer § 55.224 shall apply to the storage of fireworks’’. display fireworks. The distances shown * * * * * in § 55.219 may not be reduced by the ENVIRONMENTAL PROTECTION Par. 19. Section 55.163 is revised to presence of barricades. AGENCY read as follows: * * * * * Par. 23. Section 55.218 is amended by 40 CFR Part 52 § 55.163 False entry in record. removing the phrase ‘‘Public highways, [Region II Docket No. 144; NJ22±1±7069b, Any licensed importer, licensed class A to D’’ where it appears in the FRL±5554±8] manufacturer, licensed dealer, or table heading, and by adding in its place permittee who knowingly makes any the phrase, ‘‘Public Highways with Approval and Promulgation of false entry in any record required to be Traffic Volume of less than 3000 Implementation Plans; New Jersey kept under Subpart G of this part, shall Vehicles/Day’’; by removing the number Transportation Control Measures be fined not more than $10,000 or ‘‘2’’ where it appears as the first entry imprisoned not more than 10 years, or in the column titled ‘‘Pounds over’’ and AGENCY: Environmental Protection both. by adding in its place the number ‘‘0’’; Agency. Par. 20. Section 55.201 is amended by by adding the following heading to the ACTION: Proposed rule. revising paragraph (d) and by adding table in this section; and removing the SUMMARY: Environmental Protection paragraph (f) to read as follows: heading preceding the Notes to the Table of Distances for Storage of Agency (EPA) proposes to approve the § 55.201 General. Explosives. State Implementation Plan (SIP) * * * * * revisions submitted by the State of New TABLE: AMERICAN TABLE OF Jersey which incorporate transportation (d) The regulations set forth in DISTANCES FOR STORAGE OF control measures (TCMs) as part of the §§ 55.221 through 55.224 pertain to the EXPLOSIVES (DECEMBER 1910), AS State’s effort to attain the national storage of display fireworks, REVISED AND APPROVED BY THE ambient air quality standard for ozone. pyrotechnic compositions and explosive INSTITUTE OF MAKERS OF On November 15, 1993, the State materials used in assembling fireworks. EXPLOSIVES JUNE, 1991. submitted a SIP revision containing a * * * * * * * * * * list of 136 TCMs as part of the plan to (f) Any person who stores explosive Par. 24. In Section 55.221, paragraphs reduce emissions of volatile organic materials shall notify the chief law (a) and (d) are revised to read as follows: compounds by 15 percent between 1990 enforcement officer and fire department and 1996. EPA proposes to find that of the locality in which the explosive § 55.221 Requirements for display New Jersey also demonstrated in its materials are being stored, of the type, fireworks, pyrotechnic compositions, and November 15, 1993 submittal that magazine capacity, and location of each explosive materials used in assembling emissions from growth in vehicle miles fireworks. site where such explosive materials are traveled will not increase and, therefore, stored. Such notification shall be made (a) Display fireworks, pyrotechnic offsetting measures are not necessary. orally before the end of the day on compositions and explosive materials In the final rules section of this which storage of the explosive materials used to assemble fireworks shall be Federal Register, EPA is approving New commenced and in writing within 48 stored at all times as required by this Jersey’s SIP revision as a direct final hours from the time such storage subpart unless they are in the process of rule without prior proposal because the commenced. manufacture, assembly, packaging, or Agency views this as a noncontroversial Par. 21. Section 55.202 is amended by are being transported. revision and anticipates no adverse revising paragraph (b) to read as follows: * * * * * comments. A detailed rationale for the (d) All dry explosive powders and action is set forth in this direct final § 55.202 Classes of explosive materials. mixtures, partially assembled display notice of approval. If no adverse * * * * * fireworks, and finished display comments are received in response to (b) Low explosives. Explosive fireworks shall be removed from the direct final rule, no further activity materials which can be caused to fireworks process buildings at the is contemplated in relation to this deflagrate when confined, (for example, conclusion of a day’s operations and proposed rule. If EPA receives adverse black powder, safety fuses, igniters, placed in approved magazines. comments, the direct final rule will be igniter cords, fuse lighters, and ‘‘display Par. 25. In §§ 55.222, 55.223, and withdrawn and all public comments fireworks’’ identified as UN0333, 55.224, the term ‘‘common fireworks’’ is received will be addressed in a UN0334, or UN0335 by the U.S. removed wherever it appears, and the subsequent final rule based on this Department of Transportation term ‘‘consumer fireworks’’ is added in proposed rule. EPA will not institute a regulations at 49 CFR 172.101, except its place, and the term ‘‘special second comment period on this for bulk salutes). fireworks’’ is removed wherever it proposed rule. Any parties interested in Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules 53693 commenting on this action should do so revision amendment and anticipates no 40 CFR Part 52 at this time. adverse comments. A detailed rationale DATES: Comments must be received on for the approval is set forth in the direct [ME±001±3567b; A±1±FRL±5619±9] or before November 14, 1996. final rule. If no adverse comments are ADDRESSES: All comments should be received in response to that direct final Approval and Promulgation of Air addressed to: William S. Baker, Chief, rule, no further activity is contemplated Quality Implementation Plans; Maine; Air Programs Branch, Air and Waste in relation to this proposed rule. If EPA Stage II Vapor Recovery Management Division, Environmental receives adverse comments, the direct Protection Agency, Region II Office, 290 final rule will be withdrawn and all AGENCY: Environmental Protection Broadway, New York, NY 10007–1866. public comments received will be Agency (EPA). addressed in a subsequent final rule Copies of the State submittal are ACTION: Proposed rule. available at the following address for based on this proposed rule. EPA will inspection during normal business not institute a second comment period on this document. Any parties SUMMARY: EPA is proposing to approve hours: a State Implementation Plan (SIP) Environmental Protection Agency, interested in commenting on this document should do so at this time. revision submitted by the State of Maine Region II Office, 290 Broadway, 20th on July 24, 1995. This revision includes floor, New York, NY 10007–1866. DATES: To be considered, comments requirements for controlling volatile New Jersey Department of must be received by November 14, 1996. organic compound (VOC) emissions Environmental Protection, Office of Air from bulk gasoline terminals and Quality Management, Bureau of Air ADDRESSES: Written comments on this action should be addressed to Scott gasoline dispensing facilities. In the Pollution Control, 401 East State Street, Final Rules Section of this Federal CN027, Trenton, New Jersey 08625. Miller at the Environmental Protection Agency, Region 4 Air Planning Branch, Register, EPA is approving the State’s FOR FURTHER INFORMATION CONTACT: 100 Alabama Street, SW, Atlanta, SIP revision as a direct final rule Rudolph K. Kapichak, Air Programs Georgia 30303. Copies of documents without prior proposal and does not Branch, Environmental Protection relative to this action are available for anticipate any adverse comments. A Agency, 290 Broadway, 20th Floor, New public inspection during normal detailed rationale for the approval is set York, New York 10007–1866, (212) 637– business hours at the following forth in the direct final rule. If no 4249. locations. The interested persons adverse comments are received in SUPPLEMENTARY INFORMATION: For wanting to examine these documents response to that direct final rule, no additional information see the direct should make an appointment with the further activity is contemplated in final rule which is published in the appropriate office at least 24 hours relation to this proposed rule. If EPA rules section of this Federal Register. before the visiting day. Reference file receives adverse comments, the direct Dated: July 29, 1996. TN158–1–9632. The Region 4 office may final rule will be withdrawn and all public comments received will be William J. Muszynski, have additional background documents not available at the other locations. addressed in a subsequent final rule Deputy Regional Administrator. based on this proposed rule. EPA will [FR Doc. 96–26203 Filed 10–11–96; 8:45 am] Air and Radiation Docket and not institute a second comment period BILLING CODE 6560±50±P Information Center (Air Docket 6102), on this proposal. Any parties interested U.S. Environmental Protection Agency, in commenting on this proposal should 401 M Street, SW, Washington, DC do so at this time. 40 CFR Part 52 20460. DATES: Comments must be received on [TN±158±1±9632b; FRL±5619±5] Environmental Protection Agency, Region 4 Air Planning Branch, 100 or before November 14, 1996. Approval and Promulgation of Alabama Street, SW, Atlanta, Georgia ADDRESSES: Comments may be mailed to Implementation Plans: Approval of 30303. Scott Miller, 404/562–9120. Susan Studlien, Deputy Director, Office Revisions to the Knox County Portion Tennessee Department of of Ecosystem Protection, U.S. of the State of Tennessee's State Environment and Conservation, Environmental Protection Agency, Implementation Plan (SIP) Division of Air Pollution Control, 9th Region I, JFK Federal Bldg., Boston, MA 02203. Copies of the State submittal and AGENCY: Environmental Protection Floor, L & C Annex, 401 Church Street, EPA’s technical support document are Agency (EPA). Nashville, Tennessee 37243–1531. available for public inspection during Knox County Department of Air ACTION: Proposed rule. normal business hours, by appointment Pollution Control, Suite 339, City- at the Office of Ecosystem Protection, SUMMARY: The EPA proposes to approve County Building, 400 West Main Street, U.S. Environmental Protection Agency, the State Implementation Plan (SIP) Knoxville, Tennessee 37902. revision submitted by the Knox County Region I, One Congress Street, 11th Department of Air Pollution Control for FOR FURTHER INFORMATION CONTACT: floor, Boston, MA and the Bureau of Air the purpose of allowing the local agency Scott Miller at 404/562–9120. Quality Control, Department of Environmental Protection, 71 Hospital to utilize permit-by-rule regulations for SUPPLEMENTARY INFORMATION: For Street, Augusta, ME 04333. the purpose of limiting potential to emit additional information see the direct air pollutants for certain source final rule which is published in the FOR FURTHER INFORMATION CONTACT: categories to less than the title V rules section of this Federal Register. Anne E. Arnold, (617) 565–3166. permitting major source thresholds. In Dated: August 29, 1996. the final rules section of this Federal SUPPLEMENTARY INFORMATION: For Register, EPA is approving the County’s Robert F. McGhee, additional information, see the direct SIP revision as a direct final rule Acting Regional Administrator. final rule which is located in the Rules without prior proposal because the EPA [FR Doc. 96–26200 Filed 10–11–96; 8:45 am] Section of this Federal Register. views this as a noncontroversial BILLING CODE 6560±50±P Authority: 42 U.S.C. 7401–7671q. 53694 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules

Dated: September 23, 1996. New Mexico Environment Department, ADDRESSES: Federal Communications John P. DeVillars, Air Monitoring and Control Strategy Commission, 1919 M Street, N.W., Regional Administrator Region I. Bureau, 1190 St. Francis Drive, Room Washington, D.C. 20554. [FR Doc. 96–26198 Filed 10–11–96; 8:45 am] So. 2100, Santa Fe, New Mexico FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560±50±P 87503. Roger Holberg, Mass Media Bureau, Louisiana Department of Environmental Policy and Rules Division (202) 418– Quality, Office of Air Quality, 7290 2134. 40 CFR Parts 52 and 81 Bluebonnet Boulevard, Baton Rouge, SUPPLEMENTARY INFORMATION: This is a Louisiana 70810. [NM±23±1±7101b, FRL±5612±9] synopsis of the Commission’s Notice of Anyone wishing to review this Inquiry in MM Docket No. 96–197, FCC Approval and Promulgation of State petition at the Region 6 EPA office 96–381, adopted May 9, 1996, and Implementation Plans (SIP); Prevention should contact the person below to released May 20, 1996. The complete of Significant Deterioration; Louisiana schedule an appointment 24 hours in text of this NOI is available for and New Mexico advance. inspection and copying during normal FOR FURTHER INFORMATION CONTACT: Mr. business hours in the FCC Reference AGENCY: Environmental Protection Samuel R. Mitz, Air Permits Section Center (Room 239), 1919 M Street, N.W., Agency (EPA). (6PD–R), EPA Region 6, telephone (214) Washington, D.C., and also may be ACTION: Proposed rule. 665–8370. purchased from the Commission’s copy SUPPLEMENTARY INFORMATION: See the contractor, International Transcription SUMMARY: The EPA proposes to approve information provided in the Direct Final Service, (202) 857–3800, 2100 M Street, revisions to the Louisiana and New rule which is located in the Rules N.W., Suite 140, Washington, DC 20037. Mexico SIPs addressing Prevention of Section of this Federal Register. Significant Deterioration (PSD) Synopsis of Notice of Inquiry permitting regulations. The purpose of List of Subjects 1. Introduction. In 1975, the these revisions is to replace the total 40 CFR Part 52 Commission adopted its rule (47 CFR suspended particulate PSD increments 73.3555(d)) prohibiting the common with increments for PM–10 (particulate Environmental protection, Air ownership of commercial broadcast matter 10 micrometers or less in pollution control, Incorporation by stations and newspapers in the same diameter). In the final rules section of reference, Particulate matter, Reporting community.1 Although divestiture of this Federal Register, EPA is approving and recordkeeping requirements, existing local newspaper/broadcast the States’ SIP revisions as direct final Volatile organic compounds. combinations was not required except rule without prior proposal because the 40 CFR Part 81 in ‘‘egregious’’ cases, the Commission Agency views this as a noncontroversial Air pollution control, National parks, did intend the rule to prevent the revision amendment and anticipates no Wilderness areas. creation of new combinations, including adverse comments. A detailed rationale those created by the sale of a for the approval is set forth in the direct Authority: 42 U.S.C. 7401–7671q. ‘‘grandfathered’’ newspaper-broadcast final rule. If no adverse comments are Dated: August 27, 1996. combination to the same party.2 received in response to this proposed Jerry Clifford, 2. Like all of our multiple ownership rule, no further activity is contemplated Acting Regional Administrator (6RA–D). rules, the newspaper/broadcast cross- in relation to this rule. If EPA receives [FR Doc. 96–26205 Filed 10–11–96; 8:45 am] ownership rule rests on the twin goals adverse comments, the direct final rule BILLING CODE 6560±50±P of promoting diversity of viewpoint and will be withdrawn, and all public economic competition.3 Of these two comments received will be addressed in goals, the Commission made it clear a subsequent final rule based on this FEDERAL COMMUNICATIONS when adopting the rule that fostering proposed rule. The EPA will not COMMISSION diverse viewpoints from antagonistic institute a second comment period on sources is at the heart of its licensing this action. Any parties interested in 47 CFR Ch. I responsibility. It determined that, as a commenting on this action should do so [MM Docket No. 96±197; FCC 96±381] general rule, granting a broadcast at this time. license to an entity in the same DATES: Comments on this proposed rule Waiver of the Newspaper/Broadcast community as that in which the entity must be postmarked by November 14, Cross-Ownership Restriction also publishes a newspaper would harm 1996. local diversity.4 The Commission AGENCY: Federal Communications nonetheless noted its expectation that ADDRESSES: Comments should be Commission. mailed to Jole C. Luehrs, Chief, Air there could be meritorious waiver ACTION: Notice of inquiry. 5 Permits Section (6PD–R), EPA Region 6, requests. Accordingly, it set forth the 1445 Ross Avenue, Dallas, Texas 75202– SUMMARY: The Commission seeks 1 Multiple Ownership of Standard, FM, and 2733. Copies of the State’s petition and comment on the adoption of a new Television Broadcast Stations, Second Report and other information relevant to this action policy under which it will consider Order, 40 FR 6449, 50 FCC 2d 1046 (1975) (‘‘Second are available for inspection during requests for waiver of the newspaper/ Report and Order’’), recon., 40 FR 24729, 53 FCC normal hours at the following locations: broadcast cross-ownership restriction 2d 589 (1975) (‘‘Recon. Order’’), aff’d sub nom. Federal Communications Commission v. National Environmental Protection Agency, with respect to proposed newspaper/ Citizens Committee for Broadcasting, 436 U.S. 775 Region 6, Air Permits Section (6PD– radio combinations. The intended effect (1978). The provisions of 47 CFR 73.3555 do not R), 1445 Ross Avenue, Suite 700, is to provide more clarity and certainty apply to noncommercial educational FM and TV to Commission policy with respect to stations. See 47 CFR 73.3555(f). Dallas, Texas 75202–2733. 2 such combinations. Second Report and Order, supra at 1076. Air and Radiation Docket and 3 Id. at 1074. Information Center, Environmental DATES: Comments are due by December 4 Id. at 1075. Protection Agency, 401 M Street, 9, 1996, and reply comments are due by 5 Although the waiver standards were discussed S.W., Washington, D.C. 20460. January 8, 1997. in the Second Report and Order, supra, in Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules 53695 grounds that it would consider pertinent (1977), Field Communications Corp. diversity which would result from the to such requests. First, the Commission (‘‘Field’’) published two daily waiver.’’ 16 stated that inability to sell the station newspapers in Chicago. As a result of 5. The legislative history also would constitute a basis for a waiver.6 the proposed transaction, a subsidiary of indicates that Congress intended the Refusal to grant a waiver under such Field would reacquire ownership of a Commission to examine, on a case-by- conditions would work a forfeiture, a Chicago television station in which case basis, requests for waivers in other result contrary to the Commission’s Field had previously sold a majority circumstances upon a showing of intent. Second, the Commission stated interest to the instant assignor. The only ‘‘unique public benefits.’’ 17 As we noted that it would waive the rule upon a other permanent waiver of the in Capital Cities/ABC, Inc., supra, this showing that the only sale possible newspaper/broadcast cross-ownership was not a directive requiring the would be at an artificially depressed rule involved the reacquisition of the Commission to grant waivers in such price.7 Third, the Commission New York Post newspaper by NYP ‘‘top 25/30 voice’’ situations or contemplated waiving the rule if it Acquisition Corp., a subsidiary of The otherwise to modify our waiver policy.18 could be shown that the separate News Corporation Limited (‘‘News Instead, it reflected congressional intent ownership and operation of the Corp.’’). In granting the waiver, the that, if we modified our waiver policy newspaper and the broadcast station Commission relied on ‘‘special for newspaper/radio combinations, we could not be supported in the locality.8 circumstances,’’ considered in tandem (1) require a showing that the proposed Finally, the Commission indicated that with an evaluation of the diversity and combination met the ‘‘top 25/30 voice’’ it would waive the rule if it could be competitiveness of the New York standard, and (2) make ‘‘a separate shown, for whatever reason, that the market.13 affirmative determination’’ in each case purposes of the rule would be disserved 4. For several years Congress that ‘‘the specified benefits’’ to the 9 by its application. In this regard, the precluded the Commission from public would offset ‘‘the reduction in Commission stated that while it would spending authorized funds ‘‘to repeal, diversity.’’ This second element consider the specifics of any particular retroactively apply changes in, or to suggests that Congress did not intend situation, it would not relitigate in the begin or continue a reexamination of the that the Commission routinely grant guise of a waiver request issues that it rules and the policies established to waiver requests because the first had previously considered and rejected administer’’ the newspaper/broadcast 14 element is established but, instead, that in adopting the rule. The Supreme Court cross-ownership restriction. In the we require a showing of specific public in upholding the rule specifically noted Commission’s 1994 appropriation, interest benefits flowing from a waiver. the availability of waivers of the rule, however, Congress provided that the In any event, the ‘‘top 25/30 voice’’ particularly where the station and Commission could ‘‘amend policies language was not included by Congress newspaper could not survive under with respect to waivers’’ of the in either the text of our 1995 or 1996 separate ownership, as underscoring the broadcast-newspaper cross-ownership 10 15 appropriations acts or their reasonableness of the rule. rule. In the legislative history of the accompanying conference reports, and 3. The Commission has stated that 1994 Appropriations Act, Congress the proscription against spending funds ‘‘the broadcast-newspaper cross- clarified its intent and set forth to reevaluate policies related to the rule ownership rule will be waived only in guidelines for Commission has been eliminated.19 Subsequently, on cases where application of the rule consideration of waiver requests February 8, 1996, President Clinton would be ‘unduly’ harsh.’’ 11 Moreover, involving daily newspapers and radio signed into law the requests for permanent waiver of the stations. The legislative history of that Telecommunications Act of 1996, rule have a ‘‘considerably heavier’’ Act indicates a congressional intent that omnibus legislation which, inter alia, burden than do requests for its such ‘‘new policy allow such waivers to removed national radio station temporary waiver.12 The Commission be granted only in the top 25 markets ownership caps but imposed a has granted only two permanent [with] at least 30 [remaining] legislative ceiling on the number of newspaper/broadcast waivers. Both independent broadcast voices’’ provided stations that could be commonly owned involved television stations. In Field that the Commission make ‘‘a separate in a local market. The Communications Corp., 65 FCC 2d 959 affirmative determination that [the Telecommunications Act of 1996 transaction] is otherwise in the public addresses other cross-ownership issues, conjunction with the ‘‘egregious’’ cases in which interest, based upon the applicants’ and the legislative history of that Act divestiture was required, they are the standards that showing that there are specified benefits have subsequently been applied in virtually all reveals that the House of to the service provided to the public newspaper/broadcast cross-ownership waiver cases. Representatives explicitly considered 6 Id. at 1085. sufficient to offset the reduction in and rejected changes to the newspaper/ 7 Id. at 1084; see also Hopkins Hall Broadcasting, broadcast cross ownership rules.20 Thus, Inc., 10 FCC Rcd 9764 (1995) 13 Fox Television Stations Inc., 8 FCC Rcd 5341, 8 Second Report and Order, supra at 1085. 5349 (1993); aff’d sub nom. Metropolitan Council of while the Commission now clearly has 9 Id. NAACP Branches v. FCC, 46 F.3d 1154 (D.C. Cir. the authority to reevaluate its waiver 10 FCC v. National Citizens Committee for 1995). policy for newspaper-broadcast Broadcasting, supra at 802 n. 20. 14 See, e.g., Department of Justice and Related combinations it is without specific 11 NewCity Communications of Massachusetts, Agencies, Appropriations Act, 1993, Pub. L. 102– Inc., 10 FCC Rcd 4985, 4986 n. 8 (1995). (In 395, 106 Stat. 1828 (1992). These appropriations 16 NewCity we dismissed the applicant’s application restrictions were continued in effect through Id. at 2–3. on other grounds and did not reach the issue of subsequent appropriations legislation and 17 Id. at 3. whether to grant a waiver of the newspaper/ continuing resolutions that funded the agency until 18 Capital Cities/ABC, Inc., supra at 5889. broadcast cross-ownership restriction.) See also April 26, 1996, when a budget was enacted. See 19 See Department of Justice and Related Second Report and Order, supra at 1077. Departments of Commerce, State, Justice, the Agencies, Appropriations Act, 1995 Pub. L. No. 12 Judiciary and Related Agencies for FY ’96, Pub. L. News America Publishing Inc. v. FCC, 844 F.2d 103–317, 108 Stat. 1724, 1737–38 (1994); H. Rep. 800, 803 (D.C. Cir. 1988); see also Hopkins Hall 104–134, 110 Stat. 1321. The restriction on 103–708, filed August 16, 1994; see also Broadcasting, supra at 9764; Capital Cities/ABC, repealing, retroactively applying or reexamining the Inc., 11 FCC Rcd 5841 (1996). See also, Owosso newspaper/broadcast cross-ownership rule is no Departments of Commerce, State, Justice, the Broadcasting Co. (Stay Request), 60 RR 2d 99 (1986) longer contained in this Agency’s appropriation Judiciary and Related Agencies for FY ’96, Pub. L. (grant of temporary waiver in which to divest in legislation. No. 104–134, 110 Stat. 1321; H. Rep. 104–537, filed ‘‘egregious’’ case). 15 107 Stat. 1167 (1993). April 25, 1996. 20 141 Cong. Rec. E–1571 (August 1, 1995). 53696 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules guidance on whether or how that ownership from other cross-ownership concern.’’ 27 Does this lead to the authority should be exercised. situations. conclusion that they should be counted 7. Therefore, we are soliciting differently in assessing the number of Discussion comment on what changes, if any, may independent voices that would remain 6. We are issuing this NOI in order to be desirable in our waiver policy with after a waiver? Should we give equal solicit comment on what, if any, respect to newspaper/radio cross- consideration to waiver requests changes we should make in our ownership situations and whether we irrespective of the strength of the newspaper/broadcast cross-ownership should adopt objective criteria for particular media outlets involved or waiver policy with respect to evaluating waiver requests. For should we, for example, give different newspaper/radio combinations. Since example, should we adopt a waiver consideration to requests depending on 1975 when the newspaper/broadcast policy in which a transaction is in the whether the newspaper involved is a cross-ownership rule was adopted, the public interest if it is in a market of major paper or the radio station number of radio stations licensed has specified numerical rank or larger and a involved has a certain level of market increased from 8,265 21 to 12,076,22 a 46 specified number of independently penetration, has a certain level of percent increase. Meanwhile, since the owned voices would remain? authorized power, or is of a particular rule’s adoption the number of English Alternatively, should a waiver test turn class of station? Should we favor language daily newspapers has shrunk on whether a specified minimum newspaper/radio combinations only if from 1,756 23 to approximately 1,556,24 number of voices remains after the the proposed purchaser would hold no an 11 percent drop. However, during transaction without reference to market more than a specified number of radio that same period, radio ownership rank? Should such a waiver test only stations in the market after the limitations have been amended from apply where the applicant owns no transaction and a specified minimum allowing common ownership of only a more than, for instance, a single station level of independent voices remains? single AM and single FM radio station in each broadcast service in the 9. Two separate but related matters in the same market to the current community? What public interest concern which radio stations to count in regulatory regime in which, depending benefits might be sufficient to overcome assessing the number of independent on the number of voices in a market, as any detrimental effects from a reduction voices and whether to count non- many as eight radio stations (no more in diversity of voices? 26 broadcast media. When we count the than five of which may be in the same 8. If we adopt an objective test based number of radio stations in a radio service) may be commonly owned. This on number of voices and market size, a market for purposes of the radio allows far more concentration of radio number of questions arise. One general duopoly rule, we count only ownership on the local level than was set of questions concerns what other commercial radio stations. For purposes available when the newspaper/ media outlets in the local market we of the one-to-a-market waiver standard broadcast cross-ownership restrictions should consider in computing the we count both commercial and were adopted. Nevertheless, there may number of independent voices, and how noncommercial radio and television be markets in which allowing waiver of we should assess those outlets in stations. Should we count both the cross-ownership restriction would evaluating waiver requests. For commercial and noncommercial stations be healthy for the maintenance of purposes of a newspaper/radio cross- when determining the number of diversity. This could occur, for example, ownership waiver standard, if we adopt independent voices for purposes of in markets where a newspaper is failing an objective test for favorable waiver newspaper/radio cross-ownership and the only prospective purchaser is consideration, should we count both waivers? Are there other media that the owner of a local radio station. There radio and television voices and, if so, should also be included in calculating may also be cases where cross- should we count them equally? We have the number of independent voices that ownership, while not necessary to the previously determined that a television would remain after the waiver? For viability of one or both outlets, could station is, relatively speaking, more a example, should we also count other lead to benefits such as increased source of news than is a radio station. independently owned daily newspapers dissemination of news and information In adopting the rule at issue, we stated, published in the radio station’s in the relevant local market and have ‘‘[r]ealistically, a radio station cannot be community if our determination that only a negligible effect on ownership considered the equal of either the paper they are more a source of discussion diversity and competition.25 On the or the television station in any sense, concerning local issues than are radio other hand, we recognize the powerful least of all in terms of being a source for stations remains valid? 28 Should we market presence that many newspapers news or for being the medium turned to count the presence of cable or other have in their local markets and we ask for discussion of matters of local video delivery services? At first blush, for comment concerning whether this we do not believe that most such non- distinguishes newspaper/radio cross- 26 A market rank/independent voice test would be broadcast video services should be similar to one of the tests contained in Section counted in any waiver standard because 73.3555, Note 7, of our Rules for favorable 21 Broadcasting and Cable Yearbook—1995 at B– Commission consideration of one-to-a-market rule the newspaper/radio rule is particularly 655. waivers. In one-to-a-market waiver cases, the bound up with issues of local diversity, 22 See FCC News Release, ‘‘Broadcast Station Commission ‘‘looks favorably’’ upon waiver and many alternative video delivery Totals as of May 31, 1996,’’ (June 6, 1996). applications (1) in top 25 markets where there will 23 services do not provide programming on Information Please Almanac - 1980, Simon and remain 30 independent voices after grant of the Schuster, 643 (1979). (Source: Editor and Publisher waiver, or (2) where a failing station is involved. local issues. However, there are some Yearbook, 1979.) The Commission also will consider on a case-by- cable systems that carry local cable 24 Information Please Almanac - 1995, Houghton case basis waiver requests founded on other news channels. Additionally, many Mifflin Company, 315 (1995). (Source: Editor and grounds. In Section 202(d) of the Publisher International Yearbook, 1994.) This figure Telecommunications Act of 1996 Congress cable systems have public, educational is as of February 1, 1994. instructed the Commission to replace the ‘‘top 25 and governmental access channels 25 For a more complete discussion of the markets’’ provision of the waiver standard with a which cover local government and local Commission’s diversity concerns, new approaches ‘‘top 50 markets’’ standard, ‘‘consistent with the schools and serve as forums for the to diversity and other diversity related issues, see public interest, convenience, and necessity.’’ Further Notice of Proposed Rule Making in MM Should we consider a ‘‘top 50 market/30 voice’’ Docket Nos. 91–221 and 87–8, 60 FR 6490, 10 FCC waiver standard for combinations of no more than 27 Second Report and Order, supra at 1083. Rcd 3524, 3546–59 (1995). one FM, one AM, and a newspaper as well? 28 Id. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules 53697 discussion of issues of local concern. and a newspaper expressly focused on not entirely resolve the issue. Should Should the presence of such a channel the urban centers could have much we count stations as being in the on a local cable system count as an greater impact on viewpoint diversity relevant market only if they completely independent voice? 29 than a simple count of voices might encompass the market with a certain 10. Another set of questions concerns suggest. Should those major quality signal contour; or should media to what local markets any waiver should metropolitan media outlets be counted outlets be counted as voices in the apply, and whether or not we should in the same way as voices located in and relevant market if a certain quality redefine how we measure the serving the neighboring market where signal contour overlaps any portion of appropriate geographic scope of the the overlap is of the neighboring the relevant market? If the latter, should market. Is there some standard other market? we establish a certain portion of the than a top 25 markets/30 voices, or top Alternatively, should different criteria relevant market, either in terms of area 50 markets/30 voices formulations for be developed? If so, what criteria should or population, that they must overlap in the rank of the market or number of be used? There are a number of voices that should be used? Indeed, definitions of the geographic ‘‘market’’ order to counted as voices in that should we consider market rank at all that the Commission has utilized in market? What level of overlapping or, instead, simply rely on the number various contexts. Our one-to-a-market signal contour would be the appropriate of independent voices that would waiver standard considers ‘‘television measure in order to capture accurately remain after the waiver. licensees in the relevant ADI television those media outlets that should be 11. We also seek comment on defining market and radio licensees in the counted in assessing the diversity and the geographic market for purposes of relevant television metropolitan competition effects of waiving the assessing diversity and competition in market.’’ 30 While this provision may be newspaper/radio cross-ownership rule waiving the rule. Under our existing appropriate in the one-to-a-market in a local market? cases, the geographic area to be context, in which television stations are 16. Are there other objective criteria considered in evaluating a radio/ involved, is it also usable in the radio/ besides the number of independent newspaper cross-ownership waiver is newspaper context, where ownership of voices and market size that we should the area of overlap between the defining television stations is not involved? We specify that should warrant a waiver, signal contour of the radio station (1 note in this regard that television such as saving a failing station or mV/m for FM and 2 mV/m for AM) and stations do appear to compete with newspaper, reacquisition of a media the area of significant circulation of the newspapers in the adverstising market property by a former owner so that the newspaper. In Capital Cities/ABC, Inc., and do function as a significant source waiver would not truly be creating a supra, we rejected Disney’s argument of news and information. new combination in the market, etc.? In that we consider all stations licensed to 13. In implementing provisions of the the Detroit DMA to determine whether Telecommunications Act of 1996,31 we situations meeting whatever objective Disney could commonly own a Detroit noted that we would continue to define criteria we may adopt should we also station and a newspaper published in the relevant radio market for purposes require a showing of special Pontiac. Should this standard continue of the radio contour overlap rules ‘‘as circumstances? What salient factors to guide our consideration of waiver the area encompassed by the principal should the Commission weigh in requests involving newspaper/radio community contours (i.e., predicted or determining whether the specific public cross-ownership and, if so, should it be measured 5 mV/m for AM stations and benefits flowing from the proposed revised in any way? Should the predicted 3.16 mV/m for FM stations) of radio/newspaper combination overcome Commission take into account the the mutually overlapping stations the reduction in diversity of voices? possibility that even major outlets proposing to have common Should applicants seeking a waiver of serving a metropolitan market may ownership.’’ 32 Does this market the newspaper/radio cross-ownership underserve suburban communities in definition provide useful guidance for rule be required to demonstrate that the metro region, leaving smaller evaulating requests for waiver of the diversity will not be diminished, and newspapers and broadcast outlets radio/newspaper cross-ownership rule? the public interest will be served, by concentrating on the suburbs as the only 14. Finally, we request comments on grant of the waiver? For example, to outlets of any consequence for the whether the radio metro market, as address the issues potentially raised in suburban resident? In this regard, we designated by a nationally recognized suburban communities, should the seek comment on the extent to which ratings service, may be a viable parties involved be required to describe metropolitan outlets concentrate on big alternative. In this regard, we ask specific plans or efforts to enhance city issues and elections with little, if commenters to address the question of coverage of events in a smaller any, coverage of suburban issues and whether broadcast outlets licensed to community within the metropolitan candidates. It could be argued that other communities in the radio metro region? How can we properly evaluate common ownership of a radio station market can be counted on to provide whether the proposed acquisition will programming on local issues in the serve the people in such neighboring 29 We have previously tentatively concluded in station’s community of license or the our television ownership proceeding (MM Docket municipalities and whether it will No. 91–221) that we would consider cable systems newspaper’s community of publication increase content diversity in such as contributing to diversity under some or area of circulation? places? We seek comment on these circumstances, and to some extent, and invited 15. Resolving how to define the issues. comment. Further Notice of Proposed Rule Making boundaries of the relevant market does in MM Docket Nos. 91–221 and 87–8, 10 FCC Rcd 17. Finally, as we indicated above, the 3524, 3556 (1995). We concluded that other video newspaper/radio cross-ownership rule suppliers could not be included because they are 30 Section 73.3555 Note 7(1) of the Commission’s neither as ubiquitous as cable nor do they have the Rules. stands on another foundation in capability for local origination that cable has. Id. at 31 Pub. L. 104–104, 110 Stat. 56 (1996). addition to diversity, that of 3557. Finally, we tentatively concluded that neither 32 Order, Implementation of Sections 202(a) and competition. As we stated in the Second a radio station nor a newspaper were the equivalent 202(b)(1) of the Telecommunications Act of 1996, Report and Order, ‘‘Daily newspapers of a broadcast television station for diversity FCC 96–90, 61 F.R. 10689 (released March 8, 1996) purposes and are not fungible for diversity purposes at para 4. (Footnotes omitted.) See also 47 C.F.R. tend to be much larger enterprises than on a ‘‘one-for-one’’ basis. Id. at 3557–58. § 73.3555(a)(3)(ii). television stations. Radio stations are 53698 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules significantly smaller than either.’’ 33 media outlets involved also have on our operation on the higher powered Accordingly, any move toward diversity analysis? channel. Petitioner also requests the loosening the waiver requirements in deletion of vacant Channel 267C3 at Administrative Matters this context must also be assessed in Tiptonville, Tennessee. Channel 267C3 terms of competition. A waiver that I. Pursuant to applicable procedures can be allotted to Martin in compliance might be acceptable in terms of its set forth in Sections 1.415 and 1.419 of with the Commission’s minimum impact upon diversity might create such the Commission’s Rules, 47 CFR 1.415 distance separation requirements with a market power in a single entity that it and 1.419, interested parties may file site restriction of 14.1 kilometers (8.8 would not be tolerable in terms of comments on or before December 9, miles) northwest to accommodate competition. In this regard, we note that 1996, and reply comments on or before Thunderbolt’s desired site. The in 1995, local newspapers captured 49% January 8, 1997. To file formally in this coordinates for Channel 267C3 at of local advertising expenditures (20.1% proceeding, you must file an original Martin, Tennessee, are 36–26–09 and of all advertising) as against a total of plus six copies of all comments, reply 88–57–30. The coordinates for Channel 13.3% of local advertising (5.5% of all comments, and supporting comments. If 267C3 at Tiptonville, Tennessee, are 36– advertising) captured by radio you want each Commissioner to receive 22–42 and 89–28–30. stations.34 And the 49% share is usually a personal copy of your comments, you captured by a single newspaper while must file an original plus eleven copies. DATES: Comments must be filed on or the 13.3% radio share is typically You should send comments and reply before November 25, 1996, and reply divided among a number of radio comments to Office of the Secretary, comments on or before December 10, stations. In considering newspaper/ Federal Communications Commission, 1996. radio waiver requests, should we 1919 M Street, N.W., Washington, D.C. ADDRESSES: Federal Communications consider from a competition standpoint 20554. Comments and reply comments Commission, Washington, DC 20554. In the size of the newspaper involved? will be available for public inspection addition to filing comments with the That is, should we view a proposed during regular business hours in the FCC, interested parties should serve the newspaper/radio combination FCC Reference Center (Room 239), 1919 petitioner, or its counsel or consultant, differently if it involves a large major M Street, N.W., Washington, D.C. 20554. as follows: John R. Garziglia, Pepper & daily newspaper rather than a small, but II. This is a non-restricted notice and Corazzini, L.L.P., 1776 K Street, NW., not failing, local daily? If so, what test comment rulemaking proceeding. Ex Suite 200, Washington, DC 20006 should we use to measure the size or parte presentations are permitted, (Counsel for petitioner). competitive power of the newspaper except during the Sunshine Agenda involved in a waiver request? Should period, provided they are disclosed as FOR FURTHER INFORMATION CONTACT: Pam we require information on the provided in the Commission Rules. See Blumenthal, Mass Media Bureau, (202) percentage of local advertising dollars generally 47 CFR 1.1202, 1.1203, and 418–2180. that the newspaper commands? 1.1206(a). SUPPLEMENTARY INFORMATION: This is a Alternatively, should we look at the Ordering Clause synopsis of the Commission’s Notice of percentage of such dollars that would be Proposed Rule Making, MM Docket No. commanded by the proposed III. Accordingly, it is ordered that 35 96–204, adopted September 27, 1996, newspaper/radio combination? How pursuant to the authority contained in and released October 4, 1996. The full should we determine whether the Sections 4 and 303 of the text of this Commission decision is proposed newspaper/radio combination Communications Act of 1934, as available for inspection and copying will possess market power? If we amended, 47 U.S.C. Sections 154 and during normal business hours in the establish a test based on the proportion 303, this Notice of Inquiry is adopted. FCC’s Reference Center (Room 239), of local advertising dollars that the 1919 M Street, NW., Washington, DC. proposed combination would command, Federal Communications Commission. The complete text of this decision may should we establish an objective, bright William F. Caton, also be purchased from the line benchmark and, if so, what should Acting Secretary. Commission’s copy contractor, ITS, Inc., that level be? What other objective test [FR Doc. 96–26313 Filed 10–11–96; 8:45 am] (202) 857–3800, 2100 M Street, NW., might we use to determine whether a BILLING CODE 6712±01±P Suite 140, Washington, DC 20037. proposed local newspaper/radio combination would possess such market Provisions of the Regulatory power that our competition concerns 47 CFR Part 73 Flexibility Act of 1980 do not apply to this proceeding. would be undermined by grant of a [MM Docket No.96±204; RM±8876] waiver? Will entry barriers for Members of the public should note prospective radio broadcasters or Radio Broadcasting Services; Martin that from the time a Notice of Proposed newspaper owners be increased by and Tiptonville, TN Rule Making is issued until the matter relaxation of our waiver policy? What is no longer subject to Commission impact, if any, should the size of the AGENCY: Federal Communications consideration or court review, all ex Commission. parte contacts are prohibited in 33 Second Report and Order, supra at 1057. ACTION: Proposed rule. Commission proceedings, such as this 34 McCann-Ericson, U.S. Advertising Volume, one, which involve channel allotments. Advertising Age (May 20, 1996). SUMMARY: The Commission requests See 47 CFR 1.1204(b) for rules 35 Given the present ability of an entity or comments on a petition by Thunderbolt governing permissible ex parte contacts. individual to obtain attributable ownership Broadcasting Company, licensee of interests in up to eight radio stations in a single For information regarding proper market (depending on the number of stations in the Station WCMT(FM), Channel 269A, market) a different case might be presented by a Martin, Tennessee, requesting the filing procedures for comments, see 47 situation in which the licensee of several stations substitution of Channel 267C3 for CFR 1.415 and 1.420. in a market purchases, or is purchased by, a major daily newspaper in that market than would be Channel 269A at Martin, Tennessee, and List of Subjects in 47 CFR Part 73 presented if a single station/newspaper the modification of Station combination was proposed. WCMT(FM)’s license to specify Radio broadcasting. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules 53699

Federal Communications Commission. 970.5204±2 [Corrected] documented System that fulfills all John A. Karousos, 1. At page 53186, beginning at column conditions in paragraph (a) of this clause at a minimum. The contractor shall exercise a Chief, Allocations Branch, Policy and Rules 1, § 970.5204–2 is corrected to read: degree of care commensurate with the work Division, Mass Media Bureau. 970.5204±2 Integration of Environment, and the associated hazards. Documentation [FR Doc. 96–26365 Filed 10–11–96; 8:45 am] Safety and Health into Work Planning and of the System shall describe how the BILLING CODE 6712±01±F Execution contractor will: (1) define the scope of work As prescribed in 48 CFR (DEAR) 970.2303– (2) identify and analyze hazards associated 2(a), insert the following clause. with the work DEPARTMENT OF ENERGY Integration of Environment, Safety and (3) develop and implement hazard controls Health into Work Planning and Execution (4) perform work within controls, and 48 CFR Parts 917, 950, 952, and 970 (Month and Year TBE) (5) provide feedback on adequacy of (a) In performing work under this contract, controls and continue to improve safety management. RIN 1991±AB28 the contractor shall perform work safely, in a manner that ensures adequate protection (c) The System shall describe how the for employees, the public, and the contractor will establish, document, and Acquisition Regulation; Department of implement safety performance objectives, Energy Management and Operating environment, and shall be accountable for the safe performance of work. Employees performance measures, and commitments in Contracts include subcontractor employees. In response to DOE program and budget accomplishment of this requirement, the execution guidance while maintaining the AGENCY: Department of Energy. contractor shall implement programs to integrity of the System. The System shall also ACTION: Correction to Notice of limited prevent accidents, releases, and exposures. describe how the contractor will measure reopening of the comment period. The contractor shall ensure that management system effectiveness. of environment, safety and health (ES&H) (d) The contractor shall comply with, and SUMMARY: This document corrects the functions and activities becomes an integral assist the Department of Energy in complying notice of reopening of the comment and discernible part of the contractor’s work with all applicable laws and regulations, and applicable directives identified in the clause period published on October 10, 1996 planning and execution processes. The contractor shall, in the performance of work, of this contract on Laws, Regulations, and (61 FR 53185). The notice reopening the DOE Directives. The contractor shall comment period proposed additional ensure that: (1) Line management is responsible for the cooperate with Federal and non-Federal changes to the Department’s proposed protection of employees, the public, and the agencies having jurisdiction over ES&H rule published on June 24, 1996 (61 FR environment. Line management includes matters under this contract. 32588) incorporating certain contract those contractor and subcontractor (e) The contractor shall submit to the reform initiatives. The notice reopening employees managing or supervising contracting officer documentation of its the comment period proposed employees performing work. System for review and approval. Dates for additional changes to 48 CFR 970.5204– (2) Clear and unambiguous lines of submittal, discussions, and revisions to the authority and responsibility for ensuring System will be established by the contracting 2, Environment, Safety and Health. The officer. Guidance on the preparation, content, purpose of today’s correction is to ES&H are established and maintained at all organizational levels. review, and approval of the System republish the clause proposed in the (3) Personnel possess the experience, addressing all aspects of ES&H is provided in October 10, 1996 notice. knowledge, skills, and abilities that are DOE Guide G 450.4, ‘‘Integrated Safety DATE: Written comments (1 copy) on necessary to discharge their responsibilities. Management,’’ and successor documents. this document must be submitted by (4) Resources are effectively allocated to Additional guidance regarding the System October 25, 1996. address ES&H, programmatic, and may be provided by the contracting officer. operational considerations. Protecting On an annual basis, the contractor shall ADDRESSES: All comments are to be employees, the public, and the environment review and update, for DOE approval, its submitted to Connie P. Fournier, Office is a priority whenever activities are planned safety performance objectives, performance of Policy (HR–51), Department of and performed. measures, and commitments consistent with Energy, 1000 Independence Avenue, (5) Before work is performed, the and in response to DOE’s program and SW, Washington, DC 20585, (202) 586– associated hazards are evaluated and an budget execution guidance and direction. 8245; (202) 586–0545 (facsimile); agreed-upon set of ES&H standards and Resources shall be identified and allocated to [email protected] (Internet). requirements are established which, if meet the safety objectives and performance properly implemented, provide adequate commitments as well as maintain the SUPPLEMENTARY INFORMATION: assurance that employees, the public, and the integrity of the entire System. Accordingly, environment are protected from adverse the System shall be integrated with the Need for Correction consequences. contractor’s business processes for work As published, the notice reopening (6) Administrative and engineering planning, budgeting, authorization, the comment period contained errors in controls to prevent and mitigate hazards are execution, and change control. tailored to the work being performed and (f) The contractor shall promptly evaluate the clause which could be confusing to associated hazards. Emphasis should be on and resolve any noncompliance with the reader. Due to the editorial nature of designing the work and/or controls to reduce applicable ES&H requirements and the the changes and because the Department or eliminate the hazards. System. If the contractor fails to provide has sent actual copies of this notice to (7) The conditions and requirements to be resolution or if, at any time, the contractor’s those who commented on the Notice of satisfied for operations to be initiated and acts or failure to act causes substantial harm Proposed Rulemaking, the Department conducted are clearly established and agreed- or an imminent danger to the environment or has not extended the comment period upon. These agreed-upon conditions and health and safety of employees or the public, which remains October 25, 1996. requirements are requirements of the contract the contracting officer may issue an order and binding upon the contractor. The extent stopping work in whole or in part. Any stop Correction of Publication of documentation and level of authority for work order issued under this clause agreement shall be tailored to the complexity (including a stop work order issued by the Accordingly, the notice reopening the and hazards associated with the work and contractor to a subcontractor in accordance comment period for 48 CFR Parts 917, shall be established in the Safety with paragraph (g) of this clause) shall be 950, 952 and 970 published on October Management System (System). without prejudice to any other legal or 10, 1996, which was the subject of FR (b) The contractor shall manage and contractual rights of the Government. Doc. 96–26083 is corrected as follows: perform work in accordance with a Thereafter, an order authorizing the 53700 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Proposed Rules resumption of the work may be issued at the or -leased facility. Depending on the (I) For the purposes of this clause, safety discretion of the contracting officer. The complexity and hazards associated with the encompasses environment, safety and health, contractor shall not be entitled to an work, the purchasing agent may request that including pollution prevention and waste extension of time or additional fee or the subcontractor submit a Safety minimization. damages by reason of, or in connection with, Management System for the purchasing Issued in Washington, D.C. on October 9, any work stoppage ordered in accordance agent’s review and approval. Such with this clause. 1996. subcontracts shall provide for the right to (g) The contractor shall provide in its Steve Mournighan, purchasing system, required under the clause stop work under the conditions described in paragraph (f) of this clause. Acting Deputy Assistant Secretary for of this contract entitled, Contractor Procurement and Assistance Management. Purchasing System, policies, practices, and (h) The contractor shall be responsible for procedures for the flowdown of requirements compliance with the ES&H requirements [FR Doc. 96–26419 Filed 10–10–96; 10:47 of this clause, as appropriate, to subcontract applicable to this contract regardless of the am] performance of work on-site at a DOE-owned performer of the work. BILLING CODE 6450±01±P 53701

Notices Federal Register Vol. 61, No. 200

Tuesday, October 15, 1996

This section of the FEDERAL REGISTER these antidumping duty orders and Incorporated, Contact: Rebecca contains documents other than rules or findings and to terminate the suspended Trainor at (202) 482–0666 proposed rules that are applicable to the investigations and served written notice A–588–041, Japan, Synthetic public. Notices of hearings and investigations, of the intent to each domestic interested Methionine, Objection Date: July 25, committee meetings, agency decisions and party on the Department’s service list in 1996, July 31, 1996, Objector: Degussa rulings, delegations of authority, filing of Corp., Novus International Inc., petitions and applications and agency each case. Within the specified time statements of organization and functions are frame, we received objections from Contact: Charles Riggle at (202) 482– examples of documents appearing in this domestic interested parties to our intent 0650 section. to revoke these antidumping duty orders A–834–801, Kazakhstan, Solid Urea, and findings and to terminate the Objection Date: July 19, 1996, suspended investigations. Therefore, Objector: Ad Hoc Committee of DEPARTMENT OF COMMERCE because domestic interested parties Domestic Nitrogen Producers, objected to our intent to revoke or Contact: Thomas Barlow at (202) 482– International Trade Administration terminate, we no longer intend to revoke 0410 these antidumping duty orders and A–835–801, Kyrgyzstan, Solid Urea, Determination Not To Revoke findings or to terminate the suspended Objection Date: July 19, 1996, Antidumping Duty Orders and investigations. In addition, due to a Objector: Ad Hoc Committee of Findings Nor To Terminate Suspended clerical error, we inadvertently listed Domestic Nitrogen Producers, Investigations the antidumping duty order covering Contact: Thomas Barlow at (202) 482– 0410 AGENCY: Import Administration, High Power Microwave Amplifiers and A–449–801, Latvia, Solid Urea, International Trade Administration, Components from Japan in our July 1, Objection Date: July 19, 1996, Department of Commerce. 1996 Notice of Intent to Revoke. We did Objector: Ad Hoc Committee of ACTION: Determination not to revoke not intend to revoke this duty order pursuant to 19 CFR 353.25(d)(4)(i). Domestic Nitrogen Producers, antidumping duty orders and findings Contact: Thomas Barlow at (202) 482– nor to terminate suspended Antidumping Proceeding 0410 investigations. A–831–801, Armenia, Solid Urea, A–451–801, Lithuania, Solid Urea, SUMMARY: The Department of Commerce Objection Date: July 19, 1996, Objection Date: July 19, 1996, is notifying the public of its Objector: Ad Hoc Committee of Objector: Ad Hoc Committee of determination not to revoke the Domestic Nitrogen Producers, Domestic Nitrogen Producers, antidumping duty orders and findings Contact: Thomas Barlow at (202) 482– Contact: Thomas Barlow at (202) 482– nor to terminate the suspended 0410 0410 investigations listed below. A–832–801, Azerbaijan, Solid Urea, A–841–801, Moldova, Solid Urea, Objection Date: July 19, 1996, Objection Date: July 19, 1996, EFFECTIVE DATE: October 15, 1996. Objector: Ad Hoc Committee of Objector: Ad Hoc Committee of FOR FURTHER INFORMATION CONTACT: Domestic Nitrogen Producers, Domestic Nitrogen Producers, Michael Panfeld or the analyst listed Contact: Thomas Barlow at (202) 482– Contact: Thomas Barlow at (202) 482– under Antidumping Proceeding at: 0410 0410 Import Administration, International A–833–801, Georgia, Solid Urea, A–485–601, Romania, Solid Urea, Trade Administration, U.S. Department Objection Date: July 19, 1996, Objection Date: July 19, 1996, of Commerce, 14th Street & Constitution Objector: Ad Hoc Committee of Objector: Ad Hoc Committee of Avenue, N.W., Washington, D.C. 20230. Domestic Nitrogen Producers, Domestic Nitrogen Producers, SUPPLEMENTARY INFORMATION: The Contact: Thomas Barlow at (202) 482– Contact: Tom Futtner at (202) 482– Department of Commerce (the 0410 3813 Department) may revoke an A–428–803, Germany, Industrial A–821–801, Russia, Solid Urea, antidumping duty order or finding or Nitrocellulose, Objection Date: July Objection Date: July 19, 1996, terminate a suspended investigation, 29, 1996, Objector: Hercules Objector: Ad Hoc Committee of pursuant to 19 CFR 353.25(d)(4)(iii), if Incorporated, Contact: Todd Peterson Domestic Nitrogen Producers, no interested party has requested an at (202) 482–4195 Contact: Thomas Barlow at (202) 482– administrative review for four A–507–502, Iran, In-Shell Pistachio 0410 consecutive annual anniversary months Nuts, Objection Date: July 18, 1996, A–580–805, South Korea, Industrial and no domestic interested party objects Objector: California Pistachio Nitrocellulose, Objection Date: July to the revocation or requests an Commission, Western Pistachio 29, 1996, Objector: Hercules administrative review. Association, Contact: Valerie Turoscy Incorporated, Contact: Rebecca We had not received a request to at (202) 482–0145 Trainor at (202) 482–0666 conduct an administrative review of the A–588–605, Japan, Cast Iron Pipe A–842–801, Tajikistan, Solid Urea, orders and findings listed below for the Fittings, Objection Date: July 23, 1996, Objection Date: July 19, 1996, most recent four consecutive annual Objector: Grinnell Corp., Ward Objector: Ad Hoc Committee of anniversary months. Therefore, Manufacturing, Inc., Contact: Sheila Domestic Nitrogen Producers, pursuant to § 353.25(d)(4)(i) of the Forbes at (202) 482–5253 Contact: Thomas Barlow at (202) 482– Department’s regulations, on July 1, A–588–812, Japan, Industrial 0410 1996, we published in the Federal Nitrocellulose, Objection Date: July A–570–802, The People’s Republic of Register a notice of intent to revoke 29, 1996, Objector: Hercules China, Industrial Nitrocellulose, 53702 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Objection Date: July 29, 1996, made. In accordance with section the effective date of the amendments Objector: Hercules Incorporated, 733(c)(1)(A) of the Act and section made to the Tariff Act of 1930 (the Act) Contact: Rebecca Trainor at (202) 353.15(c) of the Department’s by the Uruguay Round Agreements Act 482–0666 regulations, on August 5, 1996, we (URAA). In addition, unless otherwise A–823–801, The Ukraine, Solid Urea, published the Notice of Postponement indicated, all citations to the Objection Date: July 19, 1996, of Preliminary Antidumping Duty Department’s regulations are to the Objector: Ad Hoc Committee of Determination: Fresh Tomatoes from current regulations, as amended by the Domestic Nitrogen Producers, Mexico (61 FR 40607), postponing our interim regulations published in the Contact: Thomas Barlow at (202) 482– preliminary determination in this Federal Register on May 11, 1995 (60 0410 investigation until no later than October FR 25130). A–843–801, Turkmenistan, Solid Urea, 7, 1996. Background Objection Date: July 19, 1996, The Department is further postponing Objector: Ad Hoc Committee of the preliminary determination in this On June 7, 1996, the Department Domestic Nitrogen Producers, investigation until no later than October published in the Federal Register (61 Contact: Thomas Barlow at (202) 482– 28, 1996. This further postponement is FR 29073) the preliminary results of its 0410 necessary to provide additional time for administrative review of the A–844–801, Uzbekistan, Solid Urea, the Department to consider certain antidumping duty order on sulfanilic Objection Date: July 19, 1996, novel issues which have been raised by acid from the PRC (57 FR 37524, August Objector: Ad Hoc Committee of the parties. The respondent parties have 19, 1992). We conducted a hearing on Domestic Nitrogen Producers, been cooperating in this investigation July 24, 1996. We have now completed Contact: Thomas Barlow at (202) 482– and thus, further postponement is the administrative review in accordance 0410 appropriate. with section 751 of the Act. Dated: October 4, 1996. This notice is published pursuant to Scope of the Review Barbara R. Stafford, section 733(c)(2) of the Act, and 19 CFR 353.15(d). Imports covered by this review are all Deputy Assistant Secretary for AD/CVD grades of sulfanilic acid, which include Enforcement. Dated: October 7, 1996. technical (or crude) sulfanilic acid, [FR Doc. 96–26352 Filed 10–11–96; 8:45 am] Barbara R. Stafford, refined (or purified) sulfanilic acid and BILLING CODE 3510±DS±M Deputy Assistant Secretary Import sodium salt of sulfanilic acid. Administration. Sulfanilic acid is a synthetic organic [FR Doc. 96–26357 Filed 10–11–96; 8:45 am] [A±201±820] chemical produced from the direct BILLING CODE 3510±DS±P sulfonation of aniline with sulfuric acid. Notice of Postponement of Preliminary Sulfanilic acid is used as a raw material Antidumping Duty Determination: [A±570±815] in the production of optical brighteners, Fresh Tomatoes From Mexico food colors, specialty dyes, and concrete Sulfanilic Acid From the People's additives. The principal differences AGENCY: Import Administration, Republic of China; Final Results and between the grades are the undesirable International Trade Administration, Partial Rescission of Antidumping quantities of residual aniline and alkali Department of Commerce. Duty Administrative Review insoluble materials present in the EFFECTIVE DATE: October 15, 1996. sulfanilic acid. All grades are available FOR FURTHER INFORMATION CONTACT: AGENCY: International Trade as dry, free flowing powders. Judith Rudman or Jennifer Katt, Office Administration, Import Administration, Technical sulfanilic acid contains 96 of AD/CVD Enforcement, U.S. Department of Commerce. percent minimum sulfanilic acid, 1.0 Department of Commerce, 14th Street ACTION: Notice of final results and percent maximum aniline, and 1.0 and Constitution Avenue, N.W., partial rescission of antidumping duty percent maximum alkali insoluble Washington, DC 20230; telephone (202) administrative review. materials. Refined sulfanilic acid 482–0192 or (202) 482–0498, contains 98 percent minimum sulfanilic SUMMARY: On June 7, 1996, the respectively. acid, 0.5 percent maximum aniline and Department of Commerce (the 0.25 percent maximum alkali insoluble POSTPONEMENT OF PRELIMINARY Department) published the preliminary DETERMINATION: On April 18, 1996, the materials. results of its administrative review of Sodium salt is a powder, granular or Department of Commerce (the the antidumping duty order on Department) initiated an antidumping crystalline material which contains 75 sulfanilic acid from the People’s percent minimum equivalent sulfanilic duty investigation of fresh tomatoes Republic of China (PRC). This review from Mexico (61 FR 18377, April 25, acid, 0.5 percent maximum aniline covers the period August 1, 1994 based on the equivalent sulfanilic acid 1996). through July 31, 1995. In accordance with section content, and 0.25 percent maximum EFFECTIVE DATE: 733(c)(1)(A) of the Tariff Act of 1930 October 15, 1996. alkali insoluble materials based on the (the Act), on July 26, 1996, the FOR FURTHER INFORMATION CONTACT: equivalent sulfanilic acid content. petitioners 1 made a timely request for Karin Price or Maureen Flannery, This merchandise is classifiable under an extension of the period within which Import Administration, International Harmonized Tariff Schedule (HTS) the preliminary determination must be Trade Administration, U.S. Department subheadings 2921.42.22 and 2921.42.90. of Commerce, 14th Street and Although the HTS subheadings are 1 The petitioners in this investigation are: The Constitution Avenue, N.W., Washington provided for convenience and customs Florida Tomato Growers Exchange; the Florida D.C. 20230; telephone (202) 482–4733. purposes, our written description of the Tomato Exchange; the Tomato Committee of the scope of this proceeding is dispositive. Florida Fruit and Vegetable Association; the South Applicable Statute This review covers 13 manufacturers/ Carolina Tomato Association; the Gadsden County Tomato Growers Association; and an Ad Hoc Group Unless otherwise indicated, all exporters of sulfanilic acid from the of Florida, California, Georgia, Pennsylvania, South citations to the statute are references to PRC, and the period August 1, 1994 Carolina, and Virginia Tomato Growers. the provisions effective January 1, 1995, through July 31, 1995. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53703

Analysis of Comments Received importer negotiates the export price Weekly should be used as surrogate We invited interested parties to with the trading company, not the values because they accurately reflect comment on the preliminary results. We factory, and the trading company the prices paid for aniline by Indian received written comments from Yude sources the product from the factory, manufacturers of sulfanilic acid. It notes Chemical Industry Co. (Yude), Zhenxing even though the U.S. importer often that the import value of aniline used for Chemical Industry Co. (Zhenxing), knows of and specifies the factory in its the preliminary results of review is less Sinochem Hebei Import and Export order. Respondents further note that the than half the prices reported in Corporation (Sinochem Hebei), PHT invoices to PHT are from either Yude or Chemical Business and Chemical Zhenxing, not from CNCCC, and that, Weekly. International, Inc. (PHT), and New prior to the establishment of the joint Petitioner states that, in selecting Chemic (U.S.A.), Inc. (New Chemic) ventures, the invoices were from surrogate values for a factors-of- (collectively, respondents); and from the CNCCC. Respondents cite the production analysis, the Department petitioner, Nation Ford Chemical Department’s proposed regulations, attempts to calculate values for raw Company. At the request of PHT and the which state that the Department will materials in a manner which closely petitioner, a public hearing was held on normally use the date of invoice as the approximates the actual costs of the raw July 24, 1996. date of sale. As a result, respondents materials paid by manufacturers in the Comment 1 argue, since the invoice date establishes surrogate country market. As support, petitioner cites to 19 U.S.C. § 1677b(c), Petitioner argues that, because sales to the date of sale, and since invoices are the Final Determination of Sales at Less the United States of sulfanilic acid between either Yude and Zhenxing and Than Fair Value: Coumarin from the produced by Yude and Zhenxing were PHT or between PHT and its People’s Republic of China (59 FR made by China National Chemical unaffiliated U.S. customers, the first unrelated U.S. sale is between PHT and 66895, December 28, 1994) (Coumarin), Construction Corporation (CNCCC), its unrelated U.S. customers, and Yude and the Notice of Final Determination of Yude and Zhenxing are not the proper and Zhenxing are the proper Sales at Less Than Fair Value: respondents in this case. Instead, respondents. Saccharin from the People’s Republic of petitioner contends that CNCCC is the China (59 FR 58818, November 15, proper respondent. Department’s Position 1994) (Saccharin). Petitioner states that, in the We disagree with petitioner, and have Petitioner contends that the data it preliminary results, the Department continued to consider these sales to be submitted from Chemical Business and considered sales to PHT, the U.S. CEP sales made by Yude and Zhenxing. Chemical Weekly provide the most importer, of sulfanilic acid produced by We found at verification that CNCCC’s accurate source of surrogate values for Yude and Zhenxing to be constructed role in the sale of the merchandise to aniline, and points to the consistency of export price (CEP) sales because PHT is the United States is limited to the data reported in those publications affiliated with Yude and Zhenxing. processing paperwork, such as packing as an indication of the accuracy and However, petitioner notes that Yude and lists, and arranging for shipments, and reliability of that data. It states that the Zhenxing are not related to CNCCC, that CNCCC receives a profit for these fact that the import value of aniline is Yude and Zhenxing sold the sulfanilic activities. We also found that PHT talks so much lower than the prices reported acid to CNCCC, CNCCC exported the to the factories two or three times each in Chemical Business and Chemical sulfanilic acid produced by Yude and year to negotiate the price between PHT Weekly is evidence that the prices in Zhenxing to the United States after and the factories, and that the price paid those publications are more reliable. purchasing the sulfanilic acid, and to the factory is fairly constant. We did Petitioner notes that these publications CNCCC, not PHT, paid Yude and find that PHT pays CNCCC, who then have been used as sources of surrogate Zhenxing for the sulfanilic acid. As a pays the factories. However, payment is values in other cases, including the result, petitioner contends that CNCCC made this way because the factories are Notice of Final Determination of Sales is the proper respondent in this review small and do not have foreign exchange at Less Than Fair Value: Sebacic Acid with respect to these sales, and that bank accounts, and the transaction from the People’s Republic of China (59 Yude and Zhenxing are not entitled to between CNCCC and the factories is FR 28053, May 31, 1994) (Sebacic Acid) a separate margin and should receive made in renminbi. See page 3 of the and the Notice of Final Determination of the PRC-wide rate of 85.20 percent. May 30, 1996 PHT verification report. Sales at Less Than Fair Value: Bicycles Petitioner further argues that CNCCC is Since the price to PHT is determined from the People’s Republic of China (61 a named respondent in this review and through negotiations with Yude and FR 19026, April 30, 1996) (Bicycles), did not respond to the questionnaire Zhenxing, and CNCCC’s role is limited and were also used to determine sent to it by the Department. to processing paperwork, Yude and surrogate values for sulfuric acid and Accordingly, petitioner claims that the Zhenxing are the proper respondents in activated carbon in the preliminary margin which should be assigned to this review, and we have reviewed results of this review. According to CNCCC, as the exporter, should be PHT’s sales to its unaffiliated customers. petitioner, it makes no sense for the based on facts available and should be As in the preliminary results of review, Department to use Chemical Business the PRC-wide rate of 85.20 percent. Yude and Zhenxing have received a and Chemical Weekly for two surrogate Respondents reply that Yude and separate rate, and CNCCC has received values in this review, but to reject them Zhenxing are the proper respondents a rate based on facts available because for valuing aniline. because they set the export price, and it did not respond to the questionnaire. Petitioner further argues that there is these sales were properly reported and nothing on the record to suggest that the treated as CEP sales. According to Comment 2 PRC producers only use aniline respondents, PHT negotiates the export Petitioner argues that use of Indian imported into the PRC, or that Indian price with Yude and Zhenxing directly, import prices of aniline as the surrogate manufacturers of sulfanilic acid only and CNCCC simply processes the value for aniline is inappropriate. use imported aniline. Without paperwork. Respondents contrast this Petitioner contends that the domestic substantial evidence pointing to import situation with a typical sale involving a market prices of aniline reported in values as the source for the surrogate PRC trading company, in which the U.S. Chemical Business and Chemical values, it believes that the Department 53704 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices should not rely on the low import varied sharply from ‘‘numerous information to show that imported values. examples of alternative price sources,’’ aniline is used by Indian sulfanilic acid Moreover, petitioner contends that the and therefore did not use the import producers. They further note that there Indian import statistics used by the values for chlorine. Instead, the is nothing on the record showing that Department for the preliminary results Department used non-publicly available Indian manufacturers use domestically- reflect the value of the aniline at the price quotes supplied by the petitioner. produced aniline to produce sulfanilic foreign port of export, and, therefore, Petitioner also notes that counsel for acid for export. the cost to produce aniline in the respondents has argued in other cases According to respondents, the country of exportation, not India. As a that import values were aberrational and domestic Indian aniline market is result, the import statistics do not reflect should not be used as surrogate values, inefficient and protected by high tariffs. costs incurred by Indian sulfanilic acid citing to the Final Determination of Therefore, respondents argue, Indian- manufacturers and should be rejected. Sales at Less Than Fair Value: Sulfur produced aniline is very expensive, and Petitioner also claims that reliance on Dyes, Including Sulfur Vat Dyes, from the Indian government allows aniline to Indian import statistics assumes that the People’s Republic of China (58 FR be imported duty free for production of Indian sulfanilic acid producers can 7537, February 8, 1993), and Saccharin. sulfanilic acid for export. Respondents purchase aniline in bulk quantities at Petitioner contends that the situation in contend that petitioner fails to take into low per-unit prices, noting that this case is no different, because a account that Indian sulfanilic acid chemicals such as aniline are imported number of sources of information on the producers use different aniline inputs in large quantities by Indian importers. record of this review indicate that the for producing sulfanilic acid for the By contrast, Indian sulfanilic acid value of aniline is at least two times domestic and export markets. producers are small operations without greater than the import value used by Respondents state that, while the prices the need or ability to purchase, store, or the Department in the preliminary reported in Chemical Business and use large volumes of aniline, and would results of review. Chemical Weekly may reflect the cost of pay a higher per-unit cost than do domestically-produced aniline, they do Respondents contend that the Indian importers of such chemicals. not reflect the cost of imported aniline Department should continue to use Petitioner argues that the reported used to produce sulfanilic acid for import prices for valuing aniline, as was Indian domestic prices of aniline in export and should therefore be rejected done in the less-than-fair-value (LTFV) Chemical Business and Chemical in favor of import prices. Weekly reflect the development of the investigation of this case (see Final They further claim that the Indian Indian industry, which is similar to that Determination of Sales at Less Than import prices are not aberrational, of the Chinese industry and consists of Fair Value: Sulfanilic Acid from the stating that they are close to the world smaller facilities without modern, People’s Republic of China (57 FR market price and have remained efficient methods of production. 29705, July 6, 1992) (Sulfanilic Acid)). relatively steady during the period of Petitioner contends that respondents’ They state that the Department’s review. They argue that the fact that the argument in comments submitted before primary objective in a review is to import prices are very stable reflects a the preliminary results that the calculate antidumping margins as consistency in grade, type, and quality Department should disregard the accurately as possible for the PRC of the aniline imported into India. domestic prices of aniline, a petroleum- producers/exporters, citing the Final Lastly, respondents note that the based product, in Chemical Business Determinations of Sales at Less Than Department is not required to choose and Chemical Weekly because India is Fair Value: Oscillating Fans and Ceiling one source of surrogate information to not a petroleum producing country, Fans from the People’s Republic of value all factors in the face of evidence resulting in artificially high domestic China (56 FR 55271, October 25, 1991) that it will lead to inaccurate results, aniline prices, is unfounded. Petitioner (Fans). To do so, the Department must and that the Department has access to states that respondents have not offered determine the actual cost of aniline for Indian import statistics covering the support for this claim, and notes that an Indian manufacturer that produces entire period of review. leading aniline exporters, such as Japan sulfanilic acid for export. They state that Department’s Position or the Netherlands, do not produce large the evidence on the record of this amounts of petroleum. Accordingly, review shows that Indian sulfanilic acid We disagree with petitioner. The petitioner contends that petroleum producers use imported aniline to evidence placed on the record of this production does not determine the price produce sulfanilic acid for export. They review by the respondents indicates that of aniline. note that they have submitted to the Indian sulfanilic acid producers use Petitioner further contends that the record a letter from an Indian sulfanilic imported aniline in their production import prices should not be used acid producer stating that it uses process when they produce sulfanilic because they cover a period prior to the imported aniline to produce sulfanilic acid for export (see Appendix 2B of period of review and do not include acid for export, a letter from an Indian respondents’ April 11, 1996 imports during four months of the sulfanilic acid exporter describing in submission). Therefore, these values period of review. According to detail how an Indian producer uses best approximate the cost paid by the petitioner, by contrast, the data imported aniline for export without sulfanilic acid exporters in India, and provided by petitioner in Chemical paying import duties, and a letter from we have continued to use import prices Business and Chemical Weekly cover a sulfanilic acid end user stating that reported in the Monthly Statistics of the the entire period of review. Indian sulfanilic acid producers could Foreign Trade of India, Volume II— Lastly, petitioner argues that the not use domestic aniline to produce Imports (Indian Import Statistics) to Department has considered whether sulfanilic acid for export because their value aniline for the final results of Indian import statistics merit prices would not be competitive. They review, as in the LTFV investigation of consideration as surrogate values in contend that since there is no publicly this case (see our response to Comment other cases. Petitioner cites specifically available published information 1 in Sulfanilic Acid). For the final to Coumarin, in which the Department regarding the source of aniline for results of review, we have used import found that Indian import statistics for Indian sulfanilic acid producers, the statistics for the months of the period of chlorine were aberrational because they Department must rely on this next best review which were unavailable at the Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53705 time of the preliminary results of preliminary results of this review. closest approximation of the actual review. According to petitioner, the letter from aniline cost to the Indian manufacturer, With regard to petitioner’s argument the sulfanilic acid exporter provided by it should not include any upward that the import statistics reflect the the respondents, which states that adjustments after importation which value at the port of export, we note that import duties on aniline are not would artificially inflate the aniline the introductory comments to the collected when the sulfanilic acid is cost. Indian Import Statistics state that the exported, does not demonstrate that this values are reported on a CIF (cost, 85 percent duty should not be included Department’s Position insurance, freight) basis (see our in the surrogate value. Petitioner notes We agree with petitioner that, in order response to Comment 3). Therefore, we that the Department has previously for the surrogate values to reflect the disagree with petitioner that the import concluded that the import duty true costs to India for the raw materials, values are inappropriate because they exemption for aniline was a reflect only the cost to produce in the countervailable subsidy under the U.S. the surrogate values should include country of exportation. law, citing the Preliminary Affirmative freight to India. However, the Contrary to petitioner’s argument that Countervailing Duty Determination: introductory notes to the Indian Import it does not make sense to reject Sulfanilic Acid from India (57 FR Statistics, used to determine the Chemical Business and Chemical 35784, August 11, 1992), and argues that surrogate value for aniline, state that the Weekly for aniline but to use them for the alleged forgiveness of import duties, values reported are reported on a CIF other factors, we believe that we can use a countervailable subsidy, does not basis. Thus, the reported import values different sources for valuing different warrant the disregarding of the import include the costs of transporting the factors when we find that the surrogate duty in the factors-of-production merchandise to India, and an values are appropriate. Therefore, it is analysis. adjustment for ocean freight from the not inappropriate to use the Indian Respondents reply that the port of export to India and for Indian Import Statistics to value aniline and to Department should not make any port terminal and brokerage charges is use Chemical Business and Chemical adjustments to the import value of not necessary. This does not double Weekly to value other factors. aniline. They state that, in previous count freight charges, as argued by Comment 3 cases, such as Sebacic Acid, Saccharin, respondents. We add freight costs to the and the Notice of Final Determination of cost of manufacturing to account for Petitioner argues that, if the Sales at Less Than Fair Value; Polyvinyl costs for transporting the raw materials Department continues to use import Alcohol from the People’s Republic of from the suppliers of the raw materials prices as the surrogate value for aniline, China (61 FR 14057, March 29, 1996) to the factory producing the subject the import prices should be adjusted to (Polyvinyl Alcohol), the Department has merchandise, not freight to the surrogate account for ocean freight from the port eliminated from the surrogate values country. of export to India, Indian port terminal excise taxes, freight, and all other and brokerage charges, the Indian charges associated with the surrogate We also disagree that we should add importers’ mark-up, and the Indian values because the Department already an importer’s markup to the surrogate import duty, in order to approximate adds amounts for freight charges and value. There is no evidence on the costs incurred by Indian sulfanilic acid other markups. Respondents note that, record of the review indicating who producers. Petitioner contends that the in this review, the Department has imports the aniline, the sulfanilic acid aniline import values relied upon by the added to the surrogate value for aniline producer or an importer who sells the Department in the preliminary results freight costs for transporting the aniline aniline to the sulfanilic acid producer. are FOB values at the foreign port of from the supplier in the PRC to the Accordingly, there is no basis for export, and, therefore, do not include sulfanilic acid factory and PRC determining that an importer’s markup such costs. Petitioner states that the brokerage and handling costs. Therefore, would be included in the price to the ultimate purchaser of the aniline, the respondents contend, the petitioner is Indian sulfanilic acid producer and for Indian sulfanilic acid producer, would arguing that the Department double adjusting the surrogate value for such a clearly be charged these expenses, and count such expenses. markup. that an upward adjustment is necessary Respondents also state that they have With respect to petitioner’s argument to reflect the total cost of the aniline. submitted evidence to the record of this that we should include an amount for Petitioner contends that even the review showing that, pursuant to the import duties in the surrogate value for respondents have acknowledged the fact Indian government’s duty drawback aniline, we note that respondents have that the import values should be program, Indian importers of aniline placed on the record evidence showing adjusted upwards, citing the letter from import the chemical duty free and that the import duty is not paid when a sulfanilic acid end user, submitted by export the sulfanilic acid without the the sulfanilic acid is exported. respondents, in which the end user payment of the import duty. Therefore, Therefore, we disagree with petitioner, stated that when determining an the import duty would not be included and have not made an adjustment for appropriate delivered price to a in the cost of the aniline to the sulfanilic import duties. sulfanilic acid producer in India, one acid producer. must ‘‘add typical ocean freight and Respondents further argue that the Comment 4 delivery charges.’’ Petitioner suggests Department should not add to the that the profit margin reported to the surrogate value for aniline an amount Petitioner argues that the Department Department by PHT be used to make the for the importer’s markup. First, should deduct commissions paid by adjustment for the importer’s markup. respondents state that the petitioner has PHT from the U.S. starting price. With regard to import duties, not submitted any evidence as to what Respondents reply that, if the petitioner states that aniline imported the importer’s markup would be for Department decides to make an into India during the period of review aniline. Further, since the surrogate adjustment for commissions, it should was subject to an ad valorem duty of 85 value should be as close as possible to only make the adjustment to those sales percent which was not added to the the price at the factory gate and the for which a commission expense was surrogate value for aniline in the import value of aniline represents the incurred, as verified by the Department. 53706 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Department’s Position further state that there is no indication consider the information in its We agree with petitioner that such that the relatively small amount of the preliminary or final results of review. commissions should be deducted in difference between the June ending According to petitioner, respondents calculating CEP. However, as noted in balance and the July beginning balance never disputed the fact that the the May 30, 1996 analysis has anything to do with sulfanilic acid. submission was untimely, and, without memorandum, commissions have Moreover, respondents state that the this submission, there is no support for already been deducted. The commission PHT verification report indicates that respondents’ ‘‘jurisdictional’’ argument. the Department was able to verify that amounts deducted were the verified Department’s Position amounts. all sales of sulfanilic acid during the period of review had been reported. We disagree with respondents. On Comment 5 May 2, 1996, Yude and Zhenxing Department’s Position Petitioner argues that, if CNCCC is not submitted new information which we treated as the respondent, then the We disagree with petitioner. At returned as untimely filed. As stated in Department should deduct from the U.S. verification, we were unable to use our May 20, 1996 letter, we had not starting price the profit earned by PHT’s sales account (i.e., PHT’s requested such information, and the CNCCC for these sales. Petitioner accounting system used to prepare its information was submitted after the contends that this profit is a financial statements) to determine deadline for submission of factual commission earned for export services whether all sales of sulfanilic acid had information provided in section rendered and would be paid by Yude, been reported. However, we were able 353.31(a)(11) of our regulations. We also Zhenxing, and PHT. to review internal worksheets kept by stated that this information was PHT in the ordinary course of business submitted after the verification which Department’s Position listing all sales of all products. These took place at PHT. At verification, we We agree with petitioner. The amount worksheets tied to PHT’s financial verified PHT’s sales to petitioner, and paid to CNCCC for processing statements and tax returns. From these found nothing which would indicate paperwork on each sale was paid by worksheets, we were able to determine that these sales were not properly PHT and is directly related to each sale. that all sales of sulfanilic acid made by included in the analysis. Therefore, this amount should be PHT during the period of review had Respondents’ claim that the deducted in the calculation of CEP. been reported. See page 5 of the PHT information contained in its May 2, verification report. As we are satisfied 1996 submission raised a Comment 6 that all sales were reported, we have not ‘‘jurisdictional’’ issue is unfounded. Petitioner argues that the Department used facts available for PHT’s June and Because Yude and Zhenxing made should use facts available to value sales July sales. undisputed sales to the United States it claims that the Department was during the period of review, they are Comment 7 unable to verify. Petitioner cites to the parties subject to this review, and we PHT verification report to show that the Respondents argue that the may examine or, for proper cause Department found at verification a Department should exclude from the supported by information on the record, pattern of inconsistencies in PHT’s U.S. sales database certain sales made decline to examine all of their sales of monthly sales account balances between by PHT to the petitioner because, they subject merchandise during the period April and September 1995. Specifically, claim, the Department has ‘‘no of review, whether to the United States, petitioner notes that PHT was unable to jurisdiction’’ over these sales. in the home market, or to third account for the difference between the Respondents state that, on May 2, 1996, countries. We do not need to ending sales account balance for June they submitted to the Department demonstrate ‘‘jurisdiction’’ on a sale-by- and the beginning sales account balance documents establishing that these sales sale basis. Yude’s and Zhenxing’s for July. According to petitioner, the should be excluded from the analysis. objection to our analysis of the sales at lack of documentation and internal However, the Department returned the issue, therefore, raises no control calls into question the integrity submission on May 20, 1996 stating ‘‘jurisdictional’’ issue. It is simply a of the reported June and July sales that, because the documents were challenge to our selection of sales for information. As a result, petitioner submitted after verification, it could not the U.S. database, which we need not argues that the Department could not accept them. address on its merits because it was verify the June and July sales and Petitioner responds that PHT’s sales raised after the deadline for submitting should use facts available for any sales to the petitioner were reported by the new factual information and because the made by PHT in June and July 1995. As respondents, were verified by the alleged facts upon which it is based can facts available, petitioner suggests the Department, and should not be no longer be verified. Accordingly, we highest margin calculated for any sale excluded from the analysis. Petitioner have included these sales in our made by PHT which the Department argues that the respondents’ arguments analysis. was able to verify. are based entirely on their May 2, 1996 Respondents reply that the September submission, which petitioner believes Comment 8 1995 ending balance in PHT’s sales did not raise any jurisdictional issues or Respondents argue that the account matches the total sales revenue provide any reasons for disregarding Department should extend the deadline amount reported on PHT’s end-of-year these sales. Moreover, petitioner argues for allowing Sinochem Hebei to submit financial statement and tax return. that this submission was submitted to its questionnaire response and should Further they note that, at verification, the Department after verification and accept Sinochem Hebei’s questionnaire PHT informed the Department that the after the deadline for submission of response. Respondents cite as support reason for any differences between the factual information set forth in section Bowe-Passat v. United States, 17 CIT ending balance in the sales account for 353.31 of the Department’s regulations, 335, 1993 WL 179269 (1993), in which one month and the beginning balance and was therefore returned by the the Court of International Trade (CIT) for the next month is due to manual Department. It notes that the stated that the Department routinely adjustments made at the end of each Department stated in its letter returning accepts data after the deadlines and month to account for errors. They the submission that it would not found that the Department acted Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53707 arbitrarily and capriciously in rejecting issuing the preliminary results of the fails to provide necessary information plaintiff’s submission of facts. 93/94 review. by the deadline for submission, the Respondents contend that the facts of Petitioner responds that the Department shall use the facts available this case are unique. Respondents state Department cannot accept Sinochem in reaching the applicable that the previous administrative review, Hebei’s questionnaire response after determination. The fact that the results covering the period August 1, 1993 verification and after publication of the of the 93/94 review of this case were not through July 31, 1994 (93/94 review), preliminary results of review. Petitioner yet issued did not relieve Sinochem was initiated in September 1994, and states that Sinochem Hebei, as a named Hebei of its legal responsibility to that verification of that review was respondent, was sent a questionnaire by respond to the Department’s conducted during May and July 1995. the Department on October 6, 1995 and questionnaire for the current review Respondents note that they were was represented by counsel. Sinochem period as requested by the Department. informed that the preliminary results of Hebei disregarded the deadlines for Each antidumping review is a separate the 93/94 review were scheduled to be responding to the questionnaire, and its proceeding covering merchandise issued in August 1995, but that the counsel withdrew its appearance on entering the United States during a results were not issued until May 1996, behalf of Sinochem Hebei. Petitioner specific time period, and the facts of despite letters and phone calls by notes that the Department assigned to each review are considered separately counsel for respondents and the Sinochem Hebei the PRC-wide rate of based on information submitted for that Embassy of the PRC. In the preliminary 85.20 percent in the preliminary results proceeding. Therefore, in the results of the 93/94 review, published because it did not respond to the preliminary results of this review, we on May 20, 1996, Sinochem Hebei questionnaire. Petitioner further notes correctly assigned a margin to Sinochem received a margin of 2.01 percent. that Sinochem Hebei’s questionnaire Hebei based on facts available. Respondents continue that the response was submitted to the We note that New Chemic requested Department conducted verification of Department several weeks after the on June 19, 1996, more than seven the current review in April 1996, before preliminary results of the review had months after Sinochem Hebei’s been published, and contends that the questionnaire response was due, that we the verification reports from the 93/94 Department cannot allow respondents to extend the deadline for accepting review were issued. In the current dictate how and when they should Sinochem Hebei’s questionnaire review, Sinochem Hebei received an respond to questionnaires. response. We also note that Sinochem 85.20 percent margin for failing to According to petitioner, respondents’ Hebei submitted a questionnaire respond to the questionnaire. argument that Sinochem Hebei would response on June 28, 1996, after the Respondents submit that Sinochem have responded to the questionnaire preliminary results of this review were Hebei would have responded to the had it known the adverse consequences published, and that we returned this Department’s questionnaire in the for not doing so is unavailing. Petitioner response on July 23, 1996. We cannot current review within the time frame notes that Sinochem Hebei had counsel extend Sinochem Hebei’s time to specified in the questionnaire had it which knew that failure to submit respond to the questionnaire. Our known its preliminary margin from the timely requests for information can lead regulations require that Sinochem Hebei 93/94 review at the time its response in to adverse consequences in the form of submit any request for extension in the current review was due. facts available, and that the writing before the time limit for Respondents note that, while the questionnaire sent to Sinochem Hebei submitting the information expires (see margin is assigned to the exporter, stated this. section 353.31(b)(3)). Therefore, the Sinochem Hebei, the U.S. importer is Department’s Position request for extension was untimely, and, the party which must bear the further, it was not submitted by consequences as a result of the We disagree with respondents. In this Sinochem Hebei. Moreover, section retroactive nature of the antidumping administrative review, Sinochem Hebei 353.31(a)(ii) of our regulations states review process. They contend that New was originally represented by U.S. that submissions of factual information Chemic, an importer of subject counsel and actively requested an are to be submitted not later than the merchandise from Sinochem Hebei administrative review of its own sales. earlier of the date of publication of the during this period of review, would be We note that petitioner also requested a notice of preliminary results or 180 days ‘‘wiped out’’ as a result of this review of Sinochem Hebei’s sales. after the publication of the notice of retroactive duty. Respondents state that Accordingly, on October 6, 1995, we initiation of the review. The preliminary the purpose of the antidumping law is sent a questionnaire to Sinochem Hebei. results of this administrative review to determine margins as accurately as Sinochem Hebei was required to were published in the Federal Register possible, in accordance with the goals of respond to the questionnaire by the on June 7, 1996, and the notice of fairness, accuracy, and predictability, applicable due dates, which were initiation was published on September citing to Fans, 56 FR at 55275 October 27, 1995 for Section A of the 15, 1995. Therefore, the questionnaire (Comment 1). They argue that the failure questionnaire and November 20, 1995 response was untimely and was of the Department to issue the for Sections C and D of the correctly rejected. preliminary results of the 93/94 review questionnaire. Sinochem Hebei did not We also note that Sinochem Hebei in a timely manner unnecessarily submit a questionnaire response or was involved in the LTFV investigation penalizes the U.S. importer, does not request an extension of time for filing its of this case and in the 93/94 review, serve the purpose of the antidumping questionnaire response by these and, in both of those proceedings, duty law, and is contrary to the intent deadlines pursuant to section responded to the Department’s requests of the U.S. Congress in protecting the 353.31(b)(3) of our regulations, and for information. Further, in both of U.S. industry. They further claim that Sinochem Hebei’s counsel withdrew its those proceedings, we verified the denying New Chemic the right to have representation of Sinochem Hebei on reported information at Sinochem Sinochem Hebei’s response considered November 29, 1995, after the due dates Hebei’s facilities in the PRC. Therefore, by the Department would unfairly and for Sinochem Hebei’s questionnaire Sinochem Hebei was not unfamiliar unjustly destroy a small business responses. Section 776(a)(2)(B) of the with the way in which antidumping because of the Department’s delay in Act provides that if an interested party proceedings are conducted, and could 53708 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices have consulted either its own counsel or statute in effect since that date shows be deducted, includes both direct and the Department regarding the that there has been no significant indirect selling expenses, and it is consequences of not responding to the change in the law requiring the impossible to interpret the section as questionnaire. The questionnaire sent to Department to reconsider its past permitting the deduction of some selling Sinochem Hebei provided the name and position. Moreover, respondents state expenses but not others. telephone number of the appropriate that Congress’ failure to amend the law Department’s Position Department official to contact if it had in this respect is tantamount to any questions or if it was unable to approval, citing United States v. Federal We disagree with respondents. As respond to the questionnaire within the Ins. Co., 805 F.2d 1012, 1017 (Fed. Cir. discussed in Bicycles, section specified time limits. Furthermore, any 1986), cert. denied, 481 U.S. 1048 772(c)(2)(d)(1) of the Act states that CEP claims as to what Sinochem Hebei (1987). shall be reduced by the amount of ‘‘would have done’’ had the 93/94 In addition, respondents argue that expenses incurred by or for the account preliminary results been issued prior to the Department provided an inadequate of the producer or exporter, or the the time its response was due are purely explanation of its reasons for changing affiliated seller in the United States, in speculative. New Chemic, which was its position in Bicycles. They state that selling the subject merchandise, and required to post antidumping duty an analysis of the public record in section 772(c)(2)(d)(3) of the Act states deposits on imports of the subject Bicycles appears to indicate that the that CEP shall be reduced by the amount merchandise from the PRC, knew or reason for the change is based on a of profit allocated to such expenses. The should have known that these deposits change in the statutory language. statute provides no exceptions for NME were not necessarily equivalent to the Therefore, respondents claim that, at a cases. Consequently, we have continued antidumping rates which will ultimately minimum, the Department should to deduct from CEP all selling expenses, be assessed on such entries and should provide an extensive analysis to justify including indirect selling expenses, and have sought the cooperation of its such a change in its longstanding CEP profit, as we did in Bicycles. We supplier at an appropriate stage in the policy. note that we have been following this review process. Petitioner responds that the plain practice in recent cases (see, e.g., Notice As a result, for the final results, we meaning of the law under which this of Preliminary Determination of Sales at have continued to base Sinochem review is being conducted requires that Less Than Fair Value and Postponement Hebei’s margin on facts available. As the Department deduct from CEP of Final Determination: Melamine facts available, we have used the highest indirect selling expenses and profit, and Institutional Dinnerware Products from rate from any segment of the note that the Department made the same the People’s Republic of China (61 FR proceeding, 85.20 percent, the rate from deductions in Bicycles. It cites to section 43337, August 22, 1996)). 772(d)(3) of the Act to show that the the LTFV investigation of this case. Comment 10 Department must deduct from CEP all Comment 9 selling expenses, including both direct Respondents contend that, if the Respondents contend that, in past and indirect selling expenses, and Department persists in making cases, the Department has not deducted profit. Petitioner contests respondents’ circumstance-of-sale adjustments to U.S. indirect selling expenses and profit in argument that the Department’s price for direct selling expenses, then it the calculation of the CEP because of the deduction of indirect selling expenses should make a similar adjustment to difficulty in isolating expenses used in and profit was incorrect because it is normal value (NV), which is authorized surrogate country values. Therefore, inconsistent with practice prior to the by section 773(a)(6)(C)(iii) of the Act. such expenses could be double counted. 1994 amendments to the law. It Failure to do so, according to As support, respondents cite to Fans, in contends that the amended law requires respondents, results in inherently unfair which the Department determined that the deduction of indirect selling results. Respondents argue that the data there was insufficient information to expenses and profit from CEP, without from the Reserve Bank of India Bulletin adjust the surrogate country expenses; exception for non-market-economy used for the preliminary results of this therefore, the Department stated that, for (NME) country cases, and that the review to determine surrogate values for purchase price sales, it would be unfair Department changed its practice in factory overhead, SG&A expenses, and to make an upward adjustment to order to comply with the provisions of profit can be used to calculate the foreign market value (FMV) for selling the amended law, as was done in adjustments necessary to NV for direct expenses incurred on the U.S. sales Bicycles. According to petitioner, the selling expenses, such as commissions, without making a downward adjustment fact that Congress allegedly failed to advertising, and credit. to FMV for selling, general, and expressly reject the Department’s prior Petitioner responds that there is administrative (SG&A) expenses, and practice in this area does not constrain nothing in the SAA or in Bicycles which that, for exporter’s sales price sales, an the Department from adopting a new states that circumstance-of-sale adjustment for selling expenses should practice under the changed language of adjustments to NV are required by not be made since these expenses could the amended law. Further, the amended deductions made to CEP. Petitioner not be isolated. Respondents also note law did make relevant changes in this further argues that the respondents that the Department made similar respect because it now requires a incorrectly cite to section determinations in numerous other cases, deduction for indirect selling expenses 773(a)(6)(C)(iii) of the Act for authority such as the Notice of Final and for profit, as is discussed in the for the circumstance-of-sale adjustment. Determination of Sales at Less Than Statement of Administrative Action According to petitioner, that section of Fair Value: Pure Magnesium from (SAA) accompanying the URAA (see the Act is superseded by the statutory Ukraine (60 FR 16432, March 30, 1995) SAA at 153). provisions relevant to this review, i.e., and Saccharin. Petitioner further argues that the the NME country provisions provided Respondents contend that the respondents have not made an argument for by section 773(c) of the Act. implementation of the URAA does not that deductions to CEP for direct selling Petitioner states that application of require a change in this policy. They expenses are improper. According to section 773(c) of the Act is premised on argue that a comparison of the statute in petitioner, section 772(d)(1) of the Act, a finding that a determination under effect prior to January 1, 1995 and the which states that ‘‘any selling expenses’’ section 773(a) of the Act regarding NV Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53709 is not appropriate, and that a rejected the very same import price for Petitioner states that, if the import circumstance-of-sale adjustment activated carbon in favor of the export prices for activated carbon are pursuant to section 773(a) of the Act price reported in Chemical Weekly. aberrational, then the Department therefore must be rejected. Further, respondents contend that the should also find that import prices are Petitioner states that if the Department did not take into also aberrational for aniline. Department makes a circumstance-of- consideration the quality of the Petitioner argues that the respondents’ sale adjustment as requested by activated carbon used by respondents or submission in its case brief of respondents, it cannot accept the quality of the activated carbon information from the Encyclopedia of respondents’ calculation of the imported into India. Respondents state Chemical Technology is new factual adjustment for credit and should not that the Kirk-Othmer Encyclopedia of information which must be rejected and make a reduction to NV for this Chemical Technology designates returned to the respondents, and expense. Petitioner contends that the activated carbon as either gas-phase or therefore, their arguments based on expense cited to by respondents as a liquid-phase absorbents. Respondents information in this publication should credit expense is really an interest argue that, even though the data are old, not be considered. expense, which is a general and activated carbon prices from 1976 According to petitioner, respondents administrative expense, not a selling quoted in that publication indicate that reliance on Polyvinyl Alcohol is expense. gas-phase activated carbon is more misplaced. Petitioner notes that, in that expensive than liquid-phase activated case, the Department compared import Department’s Position carbon. According to respondents, the and export prices to other price data to We do not believe that circumstance- factories use liquid-phase activated determine which were more reliable. In of-sale adjustments to NV are either carbon, as is shown by the production this proceeding, however, the only necessarily required by the statute or by process described in their questionnaire publicly available published the existence of deductions made to response, whereas the price level of the information from the period of review is CEP. As discussed in Bicycles, section imported activated carbon indicates that that from the March and May 1995 773(a)(6)(C) of the Act allows NV to be the imports were of the gas-phase issues of Chemical Weekly, and there is increased or decreased for differences in activated carbon or specialty grades no other data from the period of review circumstances of sale as long as it has unsuitable for sulfanilic acid with which to compare these prices. been established to the satisfaction of production. Therefore, respondents Moreover, petitioner contends that the the administering authority that such argue that the Department should volumes of sales used to determine the adjustments are warranted. determine the types of activated carbon surrogate value for the preliminary In this case, we do not have enough represented by the import figures and results are sufficient for use in information about the selling expenses decide whether it is appropriate to value determining the surrogate value, and included in the surrogate SG&A respondents’ activated carbon with note that the value supported by the expenses to make such an adjustment to those import prices. respondents is based on a smaller NV or to determine whether such an Lastly, they claim that the quantities volume. Petitioner contends that this adjustment is warranted. Therefore, for of imported activated carbon are weakens respondents’ argument that the the final results, we have not made such inadequate for valuing the factories’ export data be used as the surrogate an adjustment to NV. factors of production because they are value. Petitioner contends, however, much smaller than the quantities used that the contemporaneity of the data is Comment 11 by the factories and purchases by the more important that the relative volume Respondents argue that, in contrast to respondents would be in large of the sales in question. the situation with respect to aniline, quantities which would merit discounts Petitioner lastly contends that the there is no evidence on the record of not reflected by these import prices. Department should increase the this review which indicates that Indian Respondents further claim that the surrogate value for activated carbon by sulfanilic acid producers use imported small quantities are a further indication the amount of the 85 percent import activated carbon to produce sulfanilic that the imports are of the more duty, in order to approximate the true acid for export. They believe that it expensive gas-phase activated carbon or cost of the activated carbon to the makes sense that Indian sulfanilic acid are of specialty grades which are not Indian sulfanilic acid manufacturer. It producers would use domestically- suitable for the production of sulfanilic states that because the activated carbon produced activated carbon, which is acid. is not physically incorporated into the substantially cheaper than imported Petitioner responds that the sulfanilic acid, imports of activated activated carbon. Respondents thus Department properly based the carbon would not be eligible for any argue that the Department should use as surrogate value on the prices reported in import duty exemption upon export of the surrogate value the export price of Chemical Weekly during March and the sulfanilic acid. activated carbon reported in Chemical May 1995, the only publicly available Weekly, which they submitted to the data on the record covering this period Department’s Position Department before the preliminary of review. It notes that the price which We disagree with respondents. There results of review were issued, because it the respondents urge the Department to is no evidence on the record of this reflects the actual price in the Indian use is from a September 1993 issue of review which indicates whether Indian market used to produce sulfanilic acid Chemical Weekly, nearly one year before sulfanilic acid producers use domestic for export. As support for their the beginning of the period of review. or imported activated carbon to produce argument, they cite to section 773(c)(1) According to petitioner, respondents’ sulfanilic acid. Further, there is no of the Act, which requires the argument regarding the valuation of evidence on the record of this review Department to use the best available activated carbon is fundamentally at which indicates whether the prices information for valuing the factors of odds with its argument regarding supported by either the respondents or production in the surrogate country aniline. It notes that the respondents are the petitioner are for gas-phase or (emphasis added). arguing that the Department use import liquid-phase activated carbon. We note Respondents also note that in prices for aniline, but that import prices that respondents never stated in their Polyvinyl Alcohol, the Department for activated carbon are aberrational. questionnaire responses that they used 53710 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices a certain type of activated carbon in factors of production with tax-exclusive cases pursuant to section 773(e) of the their production, or indicated in their prices, citing to Bicycles, Manganese Act, and with material costs incurred as surrogate value comments that there Metal, and Sebacic Acid. Respondents a result of the taxes levied by the was more than one type of activated further cite to Polyvinyl Alcohol, in country whose sales of the subject carbon. which the Department valued sulfuric merchandise to the United States In determining the surrogate value acid at exactly the same price from the constitute the U.S. price to which that used for activated carbon in the same source, but adjusted the values to NV is compared. In this case, by way of preliminary results of review, we exclude taxes. Respondents note that contrast, the NV being calculated (by considered the information placed on they submitted documentation on the applying Indian surrogate values to the the record by the petitioner and by the relevant tax rates to the record of this PRC factors) is a surrogate for material respondents. We selected the data review. costs in the PRC for comparison to the submitted by the petitioner because they Petitioner responds that the U.S. sales of the Chinese merchandise. are more contemporaneous, covering Department should not revise the Therefore, Indian value-added taxes, imports during the period of review, surrogate value for sulfuric acid. which do not affect PRC sales to the than those provided by respondents, According to petitioner, there is no United States, should be removed from which are from a September 1993 issue evidence on the record concerning the such surrogate costs. of Chemical Weekly and are for an applicable Indian tax rate for sulfuric export during June 1993. Moreover, acid, and, without such information, the Comment 13 with respect to respondents’ argument Department cannot determine a tax- Respondents note that, in determining that the import prices should not be exclusive price. Petitioner contends surrogate values for overhead, SG&A used because of the small quantity of that, in Polyvinyl Alcohol, the expenses, and profit, the Department imports, we note that the price which respondent was able to specifically used data contained in the April 1995 respondents urge us to use is from an identify the applicable tax rates. Reserve Bank of India Bulletin. In export involving an even smaller Moreover, petitioner argues that the making its calculation, respondents quantity. Therefore, for the final results Department only excludes taxes on raw argue that the Department arbitrarily of review, we have continued to use the materials where such taxes are refunded and without explanation allocated 50 import prices reported in Chemical upon exportation, and that there is no percent of the expenses in three Weekly during the period of review. evidence on the record which indicates categories, ‘‘provident fund,’’ ‘‘salaries, We disagree with petitioner that we whether taxes paid on sulfuric acid are wages and bonuses,’’ and ‘‘employees’ should adjust this value for import refunded upon exportation. Petitioner welfare expenses,’’ to SG&A expenses duties. We calculate surrogate values notes that, in Aimcor v. United States, and 50 percent to the cost of used to value raw materials on a tax- 19 CIT l, Slip Op. 95–130 (July 20, manufacture. As a result, the cost of exclusive basis, as we have discussed in 1995), (Aimcor), at 22, the CIT stated manufacturing is understated and the previous cases, such as the Notice of that ‘‘material costs, such as value- overhead rate, SG&A rate, and profit rate Final Determination of Sales at Less added taxes must be included in are overstated. They contend that 100 Than Fair Value: Manganese Metal from constructed value if they are incurred percent of these three categories should the People’s Republic of China (60 FR prior to exportation, with the exception be applied to the cost of manufacture, as 56045, November 6, 1995) (Manganese of tax remitted or refunded upon was done in Polyvinyl Alcohol. Metal). See also our response to exportation.’’ Comment 12 below. Therefore, it is not Department’s Position Department’s Position appropriate to include in the surrogate We agree with respondents that 100 values amounts for import duties. We agree with respondents that the percent of these labor categories should We disagree with petitioner that the surrogate values used to value the raw be included in the cost of information submitted by the materials should be exclusive of taxes, manufacturing. In the absence of any respondents from the Encyclopedia of as we have discussed in previous cases, information to the contrary, it makes Chemical Technology constitutes new such as Manganese Metal. The issues of sense that most of these expenses would information which should be rejected. Chemical Weekly, contained in be applicable to the cost of As the title of the source indicates, the Attachment 3 of the May 30, 1996 factor manufacturing rather than to SG&A information cited by the respondents in value memorandum, used to determine expenses. In addition, we note that in support of their argument that the price the surrogate value for sulfuric acid in Polyvinyl Alcohol, although we did not used in the preliminary results of the preliminary results of this review, use information from the Reserve Bank review to value activated carbon was state that the prices reported for sulfuric of India Bulletin as surrogate values for incorrect was of a general, definitional acid are inclusive of Excise and overhead, SG&A expenses, and profit, nature. Maharashtra taxes. Accordingly, we we compared values from this source to have adjusted the surrogate value or values from financial statements from Comment 12 sulfuric acid to exclude taxes for the Indian producers; in each instance, we Respondents argue that the final results of review. To adjust the allocated 100 percent of these labor Department should calculate a surrogate prices to exclude taxes, we have used categories to the cost of manufacturing. value for sulfuric acid which is the Central Excise Tariff of India, 1994– We have also reexamined our exclusive of taxes. Respondents state 95, submitted to the record of this classification of other categories in the that the issues of Chemical Weekly used review by respondents in their April 11, Reserve Bank of India Bulletin, and have by the Department in the preliminary 1996 submission and used to determine determined that several cateogries were results to value sulfuric acid clearly the tax-exclusive surrogate value for misclassified in the preliminary results state that the sulfuric acid prices sulfuric acid in Manganese Metal and of review. This has been corrected for contained therein are inclusive of excise Polyvinyl Alcohol. the final results. and Maharashtra sales taxes. We disagree with petitioner that Respondents argue that the Department Aimcor is relevant in NME country Clerical Errors has a long and consistent history in cases. Aimcor deals with the Respondents contend that the NME country cases of valuing the construction of NV in market economy Department made three clerical errors in Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53711 its preliminary results. First, they state Furthermore, the following deposit [A±570±815] that, in valuing activated carbon, the requirements will be effective upon Department left out an importation in publication of these final results for all Sulfanilic Acid From the People's Republic of China; Final Results of May 1995. Second, they argue that, in shipments of sulfanilic acid from the Antidumping Duty Administrative calculating the cost of packing PRC entered, or withdrawn from Review materials, the Department used the warehouse, for consumption on or after wrong weights for the bags used to pack the publication date, as provided for by AGENCY: International Trade the sulfanilic acid. Third, they state that section 751(a)(2)(c) of the Act: (1) The Administration, Import Administration, the Department inaccurately determined cash deposit rates for reviewed Department of Commerce. the freight cost for transporting the raw companies named above which have ACTION: Notice of final results of materials between the supplier factories separate rates will be the rates for those antidumping duty administrative and the sulfanilic acid factories. We firms listed above; (2) for the companies review. have reviewed the calculations, and named above which were not found to agree that these errors were made. They SUMMARY: On May 20, 1996, the have a separate rate, as well as for all have been corrected for the final results. Department of Commerce (the other PRC exporters, the cash deposit Department) published the preliminary Non-Shippers rate will be the highest margin ever in results of its administrative review of Baoding and Hainan Garden stated the LTFV investigation or in this or the antidumping duty order on that they did not have shipments during prior administrative reviews, the PRC- sulfanilic acid from the People’s the period of review, and we confirmed wide rate; and (3) the cash deposit rate Republic of China (PRC). This review this with the United States Customs for non-PRC exporters of subject covers the period August 1, 1993 Service. Therefore, we are treating them merchandise from the PRC will be the through July 31, 1994. as non-shippers for this review, and are rate applicable to the PRC supplier of EFFECTIVE DATE: October 15, 1996. rescinding this review with respect to that exporter. These deposit FOR FURTHER INFORMATION CONTACT: these companies. See 19 CFR Parts 351, requirements shall remain in effect until Karin Price or Maureen Flannery, 353, and 355 Antidumping Duties; publication of the final results of the Import Administration, International Countervailing Duties; Proposed Rule, next administrative review. Trade Administration, U.S. Department section 351.213(d)(3) (61 FR 7365, This notice also serves as a final of Commerce, 14th Street and February 27, 1996). The cash deposit reminder to importers of their Constitution Avenue, N.W., Washington rates for these firms will continue to be responsibility under 19 CFR 353.26 to D.C. 20230; telephone (202) 482–4733. the rates established in the most recently completed final determination. file a certificate regarding the Applicable Statute reimbursement of antidumping duties Unless otherwise indicated, all Final Results of Review prior to liquidation of the relevant citations to the statute and to the As a result of our review of the entries during this review period. Department’s regulations are references comments received, we have Failure to comply with this requirement to the provisions as they existed on determined that the following margins could result in the Secretary’s December 31, 1994. exist: presumption that reimbursement of Background antidumping duties occurred and the Margin subsequent assessment of double On May 20, 1996, the Department Manufacturer/exporter Time period (per- antidumping duties. published in the Federal Register (61 cent) FR 25196) the preliminary results of its This notice also serves as a reminder administrative review of the Yude Chemical In- 8/1/94±7/31/ *16.86 to parties subject to administrative antidumping duty order on sulfanilic dustry Company. 95 protective order (APO) of their Zhenxing Chemical 8/1/94±7/31/ *16.86 acid from the PRC (57 FR 37524, August Industry Company. 95 responsibility concerning the 19, 1992). We conducted a hearing on PRC Rate 1 ...... 8/1/94±7/31/ 85.20 disposition of proprietary information July 24, 1996. We have now completed 95 disclosed under APO in accordance the administrative review in accordance with 19 CR 353.34(d)(1). Timely written with section 751 of the Tariff Act of * Yude and Zhenxing have been collapsed for the purposes of this administrative review. notification of the return/destruction of 1930 (the Act). APO materials or conversion to judicial However, we have listed them separately on Scope of the Review this chart for Customs purposes. protective order is hereby requested. 1 This rate will be applied to all firms which Failure to comply with the regulations Imports covered by this review are all have not demonstrated that they are separate grades of sulfanilic acid, which include from the PRC government, including, but not and terms of an APO is a sanctionable limited to, the following firms for which a re- violation. technical (or crude) sulfanilic acid, view was requested: China National Chemical refined (or purified) sulfanilic acid and Construction Corporation, Beijing Branch; This administrative review and notice sodium salt of sulfanilic acid. China National Chemical Construction Cor- are in accordance with section 751(a)(1) Sulfanilic acid is a synthetic organic poration, Qingdao Branch; Jinxing Chemical of the Act (19 U.S.C. 1675(a)(1)) and 19 Factory; Mancheng Xinyu Chemical Factory, chemical produced from the direct Beijing; Mancheng Xinyu Chemical Factory, CFR 353.22. sulfonation of aniline with sulfuric acid. Shijiazhuang; Shunping Lile; Sinochem Hebei Dated: October 7, 1996. Sulfanilic acid is used as a raw material Import and Export Corporation; Sinochem Robert S. LaRussa, in the production of optical brighteners, Qingdao; and Sinochem Shandong. food colors, specialty dyes, and concrete The Department will instruct the Acting Assistant Secretary for Import additives. The principal differences Administration. Customs Service to assess antidumping between the grades are the undesirable duties on all appropriate entries. The [FR Doc. 96–26358 Filed 10–11–96; 8:45 am] quantities of residual aniline and alkali Department will issue appraisement BILLING CODE 3510±DS±P insoluble materials present in the instructions directly to the Customs sulfanilic acid. All grades are available Service. as dry, free flowing powders. 53712 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Technical sulfanilic acid contains 96 factors in evaluating whether contrary to petitioner’s assertion, the percent minimum sulfanilic acid, 1.0 respondents should be collapsed, and relationships between these companies percent maximum aniline, and 1.0 that these factors were used in the lack all of the five factors used to percent maximum alkali insoluble preliminary results of this review to determine whether to collapse related materials. Refined sulfanilic acid determine whether to collapse Yude and parties. contains 98 percent minimum sulfanilic Zhenxing. Petitioner states that the Department’s Position acid, 0.5 percent maximum aniline and Department need not find that each of 0.25 percent maximum alkali insoluble these factors is present in order to We collapse related parties when the materials. warrant collapsing. Rather, the type and degree of relationship is so Sodium salt is a powder, granular or relationships among the various entities significant that we find that there is a crystalline material which contains 75 are examined to determine whether strong possibility of price manipulation percent minimum equivalent sulfanilic collapsing is warranted to avoid price (see Nihon). For purposes of acid, 0.5 percent maximum aniline manipulation and circumvention of the determining United States price (USP) based on the equivalent sulfanilic acid order. It argues that, although these and foreign market value (FMV), the content, and 0.25 percent maximum companies do not have interlocking statute defines a ‘‘related party’’ in alkali insoluble materials based on the boards of directors, they meet each of terms of agency, stock ownership, equivalent sulfanilic acid content. the other factors. Petitioner contends control, or ‘‘any interest’’ in the This merchandise is classifiable under that these factors demonstrate that there business in question. See section Harmonized Tariff Schedule (HTS) exists a strong possibility of price 771(13) of the Act. We have taken the subheadings 2921.42.22 and 2921.42.90. manipulation, and that, by trading position in a number of cases and in our Although the HTS subheadings are sulfanilic acid among themselves, these questionnaire that ‘‘any interest’’ means provided for convenience and customs companies can avoid dumping duties. at least a five percent ownership interest purposes, our written description of the By collapsing the respondents and between the parties, arguing that five scope of this proceeding is dispositive. applying a single rate to them all, the percent ownership is an appropriate This review covers 10 manufacturers/ Department can prevent this. Petitioner indicator of the possibility of price exporters of sulfanilic acid from the wants the Department to weight average manipulation (see, e.g., Final PRC, and the period August 1, 1993 the rates for each of the respondents, Determinations of Sales at Less Than through July 31, 1994. recalculated as argued by petitioner (see Fair Value: Certain Hot-Rolled Carbon Steel Flat Products, Certain Cold-Rolled comments 2–9 below), to determine the Analysis of Comments Received Carbon Steel Flat Products, and Certain single rate to apply to each company. We invited interested parties to Corrosion-Resistant Carbon Steel Flat comment on the preliminary results. We Respondents reply that CNCCC, Products from Japan (58 FR 37154, July received written comments from China Hainan Garden, and Sinochem Hebei 9, 1993). National Chemical Construction should not be collapsed with Yude and In this review, we considered whether Corporation (CNCCC), Hainan Garden Zhenxing because they are independent Yude and Zhenxing should be collapsed Trading Company (Hainan Garden), entities and are not related to or because each formed a joint venture PHT International, Inc. (PHT), a U.S. affiliated with Yude, Zhenxing, or PHT. with PHT; PHT has an ownership importer, Sinochem Hebei Import and Respondents note that only related interest in each joint venture. However, Export Corporation (Sinochem Hebei), companies can be collapsed and given the information on the record of this Yude Chemical Industry Co. (Yude), and a single antidumping rate, citing Nihon, review shows that CNCCC, Hainan Zhenxing Chemical Industry Co. and that Yude and Zhenxing were Garden, and Sinochem Hebei are not (Zhenxing) (collectively, respondents); collapsed by the Department because related to Yude, Zhenxing, or PHT; and from the petitioner, Nation Ford they had the same joint venture partner, CNCCC and Sinochem Hebei are owned Chemical Company. At the request of PHT. Respondents point to the record of by ‘‘All the People,’’ and Hainan Garden the petitioner, a public hearing was held the review to show that, prior to the is privately owned. Therefore, we have on July 24, 1996. joint venture agreements, Yude and not collapsed CNCCC, Hainan Garden, Zhenxing were privately owned and and Sinochem Hebei with Yude, Comment 1 owned by ‘‘All the People,’’ Zhenxing, and PHT. As we did in the Petitioner argues that CNCCC, Hainan respectively, and were not related to preliminary results of review, we have Garden, Sinochem Hebei, Yude, and PHT. Further, CNCCC, Hainan Garden, calculated separate antidumping Zhenxing should be collapsed and given and Sinochem Hebei are either owned margins for CNCCC, Hainan Garden, a single margin because of the by ‘‘All the People’’ or are privately and Sinochem Hebei; we have also relationships among these companies owned, and are therefore not related to calculated a separate margin for Yude and the significant transactions they had PHT. Respondents cite to the Notice of and Zhenxing, which were collapsed with each other. As a result, petitioner Final Determination of Sales at Less due to their relationship with PHT. contends there is a high probability of Than Fair Value: Silicon Carbide from price manipulation and circumvention the People’s Republic of China (59 FR Comment 2 of the antidumping duty order if these 22585, May 2, 1994), in which the Petitioner argues that CNCCC and five companies retain their separate Department stated that ownership by Hainan Garden had such serious cash deposit rates. ‘‘All the People’’ means that no one deficiencies in their questionnaire According to petitioner, the person can own the company, as responses that the Department must Department ‘‘collapses’’ related firms evidence that companies owned by ‘‘All base the final results for them on best where the type and degree of the People’’ cannot be related to PHT. information available (BIA). With relationship is so significant that we Respondents argue that the sales respect to CNCCC, petitioner contends find that there is a strong possibility of arrangements between these companies that the Department cannot rely on price manipulation, citing to Nihon do not make them related parties with certain of CNCCC’s records because of Cement Co., Ltd. v. United States, 17 relationships significant enough to problems found at verification. Second, CIT 400 (1993) (Nihon). Petitioner notes warrant collapsing them and treating petitioner states that the Department that the Department considers five them as a single entity, and that, was unable to trace 1993 sales to the Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53713 source records because CNCCC did not With respect to Hainan Garden, verify that sales made in 1993 had been keep a ‘‘contract book’’ for 1993 as it respondents state that the PRC GAAP to properly reported; as mentioned above, had for 1994. Petitioner further which petitioner cites is a June 1, 1994 we were able to verify completeness contends that CNCCC did not cooperate regulation, which was therefore not using the export sales ledgers. Lastly, with the Department by refusing to applicable for most of the period of although CNCCC did not allow us to provide copies of loan documents and review. Second, they note that Hainan take copies of certain documents, we books that the Department had Garden made it clear at verification that were allowed to review those requested at verification. they had not issued an invoice for the documents, and the results of our With respect to Hainan Garden, reported sales to PHT because they had review have been reported in the petitioner notes two discrepancies at not been paid by Hainan Nationalities, verification report. We do not believe verification. First, Hainan Garden failed the company it used to export the that this hindered our verification such to record sales in a timely manner, merchandise from the PRC, for certain that use of BIA is warranted. causing Hainan Garden to be in other sales. Respondents also note that, violation of Generally Accepted despite the Department’s inability to tie Whether Hainan Garden maintains its Accounting Principles (GAAP) under the sales payments to the financial records in a manner conforming to the both U.S. and PRC practice and statements, the Department was able to PRC or the U.S. GAAP is not an issue preventing the Department from tracing verify completeness by examining the which warrants the use of BIA for that Hainan Garden’s reported sales to its shipping journal. Respondents lastly company. Rather, at verification, we financial statement. Second, petitioner argue that, although Hainan Garden examined the company’s records to complains that Hainan Garden failed to does not keep an ‘‘accounts receivable’’ determine whether the information maintain a separate accounts receivable ledger, it showed the Department its reported to us in the questionnaire ledger, which also violates U.S. and PRC ‘‘subsidiary ledger,’’ which keeps track responses is complete and accurate. At GAAP. of payments to the factory and payments Hainan Garden’s verification, we found As a result of the above, petitioner from Hainan Nationalities. that we could not tie the sales made to argues that CNCCC and Hainan Garden Respondents conclude that CNCCC PHT to the financial statement because impeded the Department’s verifications, and Hainan Garden fully cooperated the sales had not yet been recorded in and that the Department is therefore with the Department, and that the the company’s records, and we found required to rely on BIA, citing to 19 Department was able to verify their that Hainan Garden had not received U.S.C. § 1677e(c) and section questionnaire responses. Accordingly, payment for two of these sales. Hainan 353.37(a)(1) of the Department’s they contend that the Department Garden provided the following regulations. Petitioner also cites as should use their questionnaire explanation, which is described in the support Uddeholm Corp. v. United responses to calculate a margin for these September 14, 1995 Hainan Garden States, 676 F. Supp. 1234, 1236 (Ct. Int’l companies. verification report. Hainan Garden used Trade 1987); NSK Ltd. v. United States, another company, Hainan Nationalities, Department’s Position 910 F. Supp., 663, 670 (Ct. Int’l Trade to export the merchandise. Sometimes 1995); N.A.R., S.p.A. v. United States, We disagree with petitioner. At Hainan Garden received payment from 741 F. Supp. 936, 941 (Ct. Int’l Trade verifications, CNCCC and Hainan Hainan Nationalities and it paid the 1990); and Allied Signal Corp. v. United Garden fully cooperated with our factories, and sometimes Hainan States, 996 F.2d 1991 (Fed. Cir. 1994). requests for information, and, with the Nationalities paid the factories and Petitioner contends that CNCCC and exception of some minor discrepancies, remitted to Hainan Garden its revenues. Hainan Garden should receive as BIA we were able to verify the information Hainan Garden stated that, for the sales the PRC-wide rate of 85.20 percent. provided in CNCCC’s and Hainan to PHT, Hainan Nationalities had not Respondents reply that CNCCC and Garden’s questionnaire responses. paid Hainan Garden because of a Hainan Garden are both entitled to a Therefore, we have used their payment problem on sales of other separate antidumping margin, and that questionnaire responses to determine products, but that Hainan Nationalities the Department was able to verify these their antidumping duty rates. had paid the factories. Because of the With regard to CNCCC, we do not find companies with only minor amount outstanding, Hainan Garden that the problems found at verification discrepancies. They contend that, at had not sent to Hainan Nationalities an CNCCC’s verification, the Department with some of CNCCC’s records are such invoice and had not recorded the sales traced CNCCC’s 1993 and 1994 reported that the documents cannot be relied on its financial statements. sales to the export sales ledgers, tied the upon. Further, we were able to conduct export sales ledgers to CNCCC’s our completeness test using CNCCC’s At verification, we reviewed Hainan financial statements, and found that all export sales ledgers for 1993 and for Garden’s shipping journal, sales journal, sales of sulfanilic acid made to the 1994, and we found that all sales of and subsidiary ledger showing United States during the period of sulfanilic acid to the United States payments to the factories and payments review had been reported. Next, they during the period of review had been from Hainan Nationalities. From the state that CNCCC never refused to give reported (see pages 5–6 of the May 30, documentation we reviewed, we were the Department access to requested 1996 CNCCC verification report). The able to verify that all sales of sulfanilic information and, in almost every ‘‘contract book’’ to which petitioner acid to the United States during the instance, allowed the Department to refers is a workbook kept by the sales period of review had been reported. take copies of the documents. Lastly, person in charge of sulfanilic acid for With regard to the subsidiary ledger, we they note that, in CNCCC’s records, her personal use. The sales person did are satisfied that Hainan Garden CNCCC is listed as the vendor for sales not maintain such a workbook for sales maintains a record of the amounts made prior to the establishment of the made in 1993. We reviewed the 1994 which it is owed. As we are satisfied joint ventures between PHT and Yude contract book as an additional check to that Hainan Garden, with some minor and Zhenxing, and that Yude and ensure that all sales had been reported. discrepancies, reported to us its sales Zhenxing are listed as the vendors for That the sulfanilic acid sales person did information accurately and completely, sales made subsequent to the not maintain such a book for 1993 sales we have not used BIA to calculate its establishment of the joint ventures. does not mean that we were not able to margin. 53714 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Comment 3 Department to use Chemical Business Petitioner further contends that the Petitioner argues that use of Indian and Chemical Weekly for two surrogate import prices should not be used import prices as the surrogate value for values in this review, but to reject them because the import statistics contain aniline is inappropriate. Petitioner for valuing aniline. significant unexplained aberrations. For contends that the domestic market Petitioner further argues that there is example, petitioner notes that the U.S. nothing on the record to suggest that the prices of aniline reported in Chemical export statistics show that the United PRC producers only use aniline Business and Chemical Weekly should States exported to India over four times imported into the PRC, or that Indian be used as surrogate values because they the amount of aniline than is indicated manufacturers of sulfanilic acid only accurately reflect the prices paid for by the Indian import statistics. use imported aniline. It cites to a letter Lastly, petitioner argues that the aniline by Indian manufacturers of from the president of R-M Industries Department has considered whether sulfanilic acid. It notes that the import (now called Nation Ford Chemical Indian import statistics merit value of aniline used for the preliminary Company) stating that none of the consideration as surrogate values in results of review is approximately 30 Indian importers of aniline are sulfanilic other cases. Petitioner cites specifically percent of the prices reported in acid producers. Without substantial to Coumarin, in which the Department Chemical Business and Chemical evidence pointing to import values as found that Indian import statistics for Weekly. the source for the surrogate values, chlorine were aberrational because they Petitioner states that, in selecting petitioner believes that the Department varied sharply from ‘‘numerous surrogate values for a factors-of- should not rely on the low import examples of alternative price sources,’’ production analysis, the Department values. and therefore did not use the import attempts to calculate values for raw Moreover, petitioner contends that the values for chlorine. Instead, the materials in a manner which closely Indian import statistics used by the Department used non-publicly available approximates the actual costs of the raw Department for the preliminary results price quotes supplied by the petitioner. materials paid by manufacturers in the reflect the value of the aniline at the Petitioner contends that the situation in surrogate country market. As support, foreign port of export, and, therefore, this case is no different, because a petitioner cites to 19 U.S.C. § 1677b(c), the cost to produce aniline in the number of sources of information on the the Final Determination of Sales at Less country of exportation, not India. As a record of this review indicate that the Than Fair Value: Coumarin from the result, the import statistics do not reflect value of aniline is at least three times People’s Republic of China (59 FR costs incurred by Indian sulfanilic acid greater than the import value used by 66895, December 28, 1994) (Coumarin), manufacturers and should be rejected. the Department in the preliminary and the Notice of Final Determination of Petitioner also claims that reliance on results of review. Sales at Less Than Fair Value: Indian import statistics assumes that Respondents contend that the Saccharin from the People’s Republic of Indian sulfanilic acid producers can Department should continue to use China (59 FR 58818, November 15, purchase aniline in bulk quantities at import prices for valuing aniline, as was 1994) (Saccharin). low per-unit prices, noting that done in the LTFV investigation of this Petitioner contends that the data it chemicals such as aniline are imported case (see Sulfanilic Acid). They state submitted from Chemical Business and in large quantities by Indian importers. that the Department’s primary objective Chemical Weekly provide the most By contrast, Indian sulfanilic acid in a review is to calculate antidumping accurate source of surrogate values for producers are small operations without margins as accurately as possible for the aniline, and stresses that they are the need or ability to purchase, store, or PRC producers/exporters, citing the consistent with information provided by use large volumes of aniline, and would Final Determinations of Sales at Less the U.S. Embassy in India for the less- pay a higher per-unit cost than do Than Fair Value: Oscillating Fans and than-fair-value (LTFV) investigation of Indian importers of such chemicals. Ceiling Fans from the People’s Republic this case (see Final Determination of Petitioner argues that the reported of China (56 FR 55271, October 25, Sales at Less Than Fair Value: Sulfanilic Indian domestic prices of aniline in 1991) (Fans). To do so, the Department Acid from the People’s Republic of Chemical Business and Chemical must determine the actual cost of China (57 FR 29705, July 6, 1992) Weekly reflect the development of the aniline for an Indian manufacturer that (Sulfanilic Acid)). It states that the fact Indian industry, which is similar to that produces sulfanilic acid for export. that the import value of aniline is so of the Chinese industry and consists of They state that the evidence on the much lower than the prices reported in smaller facilities without modern, record of this review shows that Indian Chemical Business and Chemical efficient methods of production. sulfanilic acid producers use imported Weekly is evidence that the prices in Petitioner contends that respondents’ aniline to produce sulfanilic acid for those publications are more reliable. argument in comments submitted before export, and that there is no evidence to Petitioner notes that these publications the preliminary results that the show that they use domestic aniline to have been used as sources of surrogate Department should disregard the produce sulfanilic acid for export. They values in other cases, including the domestic prices of aniline, a petroleum- further state that the evidence shows Notice of Final Determination of Sales based product, in Chemical Business that exported sulfanilic acid would not at Less Than Fair Value: Sebacic Acid and Chemical Weekly because India is be competitive if they used domestic from the People’s Republic of China (59 not a petroleum producing country, aniline. FR 28053, May 31, 1994) (Sebacic Acid) resulting in artificially high domestic Respondents note that they have and the Notice of Final Determination of aniline prices, is unfounded. Petitioner submitted to the record a letter from an Sales at Less Than Fair Value: Bicycles states that respondents have not offered Indian sulfanilic acid producer stating from the People’s Republic of China (61 support for this claim, and notes that that it uses imported aniline to produce FR 19026, April 30, 1996) (Bicycles), leading aniline exporters, such as Japan sulfanilic acid for export, a letter from and were also used to determine or the Netherlands, do not produce large an Indian sulfanilic acid exporter surrogate values for sulfuric acid and amounts of petroleum. Accordingly, describing in detail how an Indian activated carbon in the preliminary petitioner contends that petroleum producer uses imported aniline for results of this review. According to production does not determine the price export without paying import duties, petitioner, it makes no sense for the of aniline. and a letter from a sulfanilic acid end Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53715 user stating that Indian sulfanilic acid II—Imports (Indian Import Statistics) to was subject to an ad valorem duty of 85 producers could not use domestic value aniline for the final results of percent which was not added to the aniline to produce sulfanilic acid for review, as in the LTFV investigation of surrogate value for aniline in the export because their prices would not be this case (see our response to Comment preliminary results of this review. competitive. They contend that since 1 in Sulfanilic Acid). According to petitioner, the letter from there is no publicly available published With regard to petitioner’s argument the sulfanilic acid exporter provided by information regarding the source of that the import statistics reflect the the respondents, which states that aniline for Indian sulfanilic acid value at the port of export, we note that import duties on aniline are not producers, the Department must rely on the introductory comments to the collected when the sulfanilic acid is this next best information to show that Indian Import Statistics state that the exported, does not demonstrate that this imported aniline is used by Indian values are reported on a CIF (cost, 85 percent duty should not be included sulfanilic acid producers. They further insurance, freight) basis (see our in the surrogate value. Petitioner notes note that there is nothing on the record response to Comment 4). Therefore, we that the Department has previously showing that Indian manufacturers use disagree with petitioner that the import concluded that the import duty domestically-produced aniline to values are inappropriate because they exemption for aniline was a produce sulfanilic acid for export. reflect only the cost to produce in the countervailable subsidy under the U.S. According to respondents, the country of exportation. law, citing the Preliminary Affirmative domestic Indian aniline market is Contrary to petitioner’s argument that Countervailing Duty Determination: inefficient and protected by high tariffs. it does not make sense to reject Sulfanilic Acid from India (57 FR Therefore, respondents argue, Indian- Chemical Business and Chemical 35784, August 11, 1992) (Sulfanilic Acid produced aniline is very expensive, and Weekly for aniline but to use them for CVD Determination), and argues that the the Indian government allows aniline to other factors, we believe that we can use alleged forgiveness of import duties, a be imported duty free for production of different sources for valuing different countervailable subsidy, does not sulfanilic acid for export. Respondents factors when we find that the surrogate warrant the disregarding of the import contend that petitioner fails to take into values are appropriate. Therefore, it is duty in the factors-of-production account that Indian sulfanilic acid not inappropriate to use the Indian analysis. producers use different aniline inputs Import Statistics to value aniline and to Respondents reply that the for producing sulfanilic acid for the use Chemical Business and Chemical Department should not make any domestic and export markets. Weekly to value other factors. adjustments to the import value of Respondents state that, while the prices Comment 4 aniline. They state that, in previous reported in Chemical Business and cases, such as Sebacic Acid, Saccharin, Chemical Weekly may reflect the cost of Petitioner argues that, if the and the Notice of Final Determination of domestically-produced aniline, they do Department continues to use import Sales at Less Than Fair Value; Polyvinyl not reflect the cost of imported aniline prices as the surrogate value for aniline, Alcohol from the People’s Republic of used to produce sulfanilic acid for the import prices should be adjusted to China (61 FR 14057, March 29, 1996) export and should therefore be rejected account for ocean freight from the port (Polyvinyl Alcohol), the Department has in favor of import prices. They argue of export to India, Indian port terminal eliminated from the surrogate values that use of import prices does not mean and brokerage charges, the Indian excise taxes, freight, and all other that the surrogate country is Japan or importers’ mark-up, and the Indian charges associated with the surrogate some other country, because the import import duty, in order to approximate values because the Department already prices are actual market prices paid by costs incurred by Indian sulfanilic acid adds amounts for freight charges and Indian, not Japanese, sulfanilic acid producers. Petitioner contends that the other markups. Respondents note that, producers. aniline import values relied upon by the in this review, the Department has They further claim that the Indian Department in the preliminary results added to the surrogate value for aniline import prices are not aberrational, are are FOB values at the foreign port of freight costs for transporting the aniline close to the world market price, and export, and, therefore, do not include from the supplier in the PRC to the have remained steady during the period such costs. Petitioner states that the sulfanilic acid factory and PRC of review; this leads to a more accurate ultimate purchaser of the aniline, the brokerage and handling costs. Therefore, calculation of the export price for Indian sulfanilic acid producer, would respondents contend, the petitioner is sulfanilic acid. Lastly, respondents note clearly be charged these expenses, and arguing that the Department double that the Department is not required to that an upward adjustment is necessary count such expenses. choose one source of surrogate to reflect the total cost of the aniline. Respondents also state that they have information to value all factors in the Petitioner contends that a comparison of submitted evidence to the record of this face of evidence that it will lead to the customs import values used for the review showing that, pursuant to the inaccurate results. preliminary results and CIF import Indian government’s duty drawback prices reported in Chemical Weekly program, Indian importers of aniline Department’s Position show that the CIF values are import the chemical duty free and We disagree with petitioner. The considerably higher, and that the use of export the sulfanilic acid without the evidence placed on the record of this the customs values, which are FOB payment of the import duty. Therefore, review by the respondents indicates that foreign port of export, confers a the import duty would not be included Indian sulfanilic acid producers use substantial unfair benefit upon in the cost of the aniline to the sulfanilic imported aniline in their production respondents. Petitioner suggests that an acid producer. They further state that process when they produce sulfanilic upward adjustment of eight percent, the the Department determined in the acid for export. Therefore, these values statutory minimum profit, be used to Sulfanilic Acid CVD Determination that best approximate the cost incurred by make the adjustment for the importer’s the duty drawback for aniline was a the sulfanilic acid exporters in India, markup. countervailable subsidy based on BIA, and we have continued to use import With regard to import duties, using information provided by prices reported in the Monthly Statistics petitioner states that aniline imported petitioner which misled the Department of the Foreign Trade of India, Volume into India during the period of review into believing that aniline is removed 53716 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices from the sulfanilic acid during the Comment 5 they contend that ocean freight should production process. Petitioner argues that the Department be valued using surrogate values, even Respondents further argue that the should include a factor for water in its if the expense was paid for in U.S. Department should not add to the factors-of-production calculation. It dollars. surrogate value for aniline an amount contends that water is a significant Department’s Position for the importer’s markup. First, input in the production of sulfanilic respondents state that the petitioner has We agree with petitioner that when an acid, and, therefore, should not be input is provided by a market economy not submitted any evidence as to what included in factory overhead. According the importer’s markup would be for country in a convertible currency, we to petitioner, the fact that the PRC value the input using the actual cost. aniline. Further, since the surrogate producers may not incur any charges for value should be as close as possible to However, we found at verification that water is not relevant to what the proper ocean freight for Sinochem Hebei’s sales the price at the factory gate and the valuation should be in a factors-of- import value of aniline represents the was always provided by NME carriers production analysis, arguing that (see page 5 of the May 30, 1996 closest approximation of the actual surrogate values are used in non-market- aniline cost to the Indian manufacturer, Sinochem Hebei verification report), economy (NME) country cases because even though it was sometimes paid in it should not include any upward the valuation of inputs is unreliable in adjustments after importation which U.S. currency and sometimes paid in the NME country. Therefore, since water renminbi. Accordingly, we have valued would artificially inflate the aniline is used in the production of sulfanilic cost. ocean freight for all of Sinochem Hebei’s acid, it should be valued in India purchase price (PP) and exporter’s sales Department’s Position without regard to the value that may be price (ESP) sales using surrogate values. assigned that factor in the PRC. We agree with petitioner that, in order Respondents reply that, in past cases, Comment 7 for the surrogate values to reflect the the Department has determined that Petitioner contends that the true costs to India for the raw materials, water was part of factory overhead Department should make an adjustment the surrogate values should include because it was already included in to Sinochem Hebei’s ESP and PP sales freight to India. However, the Indian overhead numbers. As support, for commissions and warehousing introductory notes to the Indian Import they cite to Polyvinyl Alcohol, Sebacic expenses paid by Alchemy International Statistics, used to determine the Acid, Saccharin, and Sulfanilic Acid. (Alchemy), Sinochem Hebei’s U.S. surrogate value for aniline, state that the They state that petitioner has provided subsidiary, and an adjustment to values are reported on a CIF basis. Thus, no reason in this case to overturn this Yude’s/Zhenxing’s ESP sales for the reported import values include the established precedent. commissions paid by PHT, citing costs of transporting the merchandise to sections 353.41(e) and 353.56(a)(2) of Department’s Position India, and an adjustment for ocean the Department’s regulations. Petitioner freight from the port of export to India We disagree with petitioner. As was notes that, in their questionnaire and for Indian port terminal and stated in Yude’s and Zhenxing’s responses, Sinochem Hebei and Yude/ brokerage charges is not necessary. This questionnaire responses, and verified, Zhenxing stated that they did not pay does not double count freight charges, Yude and Zhenxing have their own these expenses on their sales to the as argued by respondents. We add wells from which they pump water for United States, but that the Department freight costs to the cost of use in the production process; the water discovered these expenses for the first manufacturing to account for costs for is then recirculated. As we have stated time at verifications. According to transporting the raw materials from the in Saccharin, the Notice of Final petitioner, since the respondents did not suppliers of the raw materials to the Determination of Sales at Less Than report these expenses in their responses, factory producing the subject Fair Value; Disposable Pocket Lighters the Department should use BIA to adjust merchandise, not freight to the surrogate from the People’s Republic of China (60 for them. It also argues that the country. FR 22359, May 5, 1995), and Coumarin, Department should made an adjustment We also disagree that we should add it is normal practice to include such to the USP for Sinochem Hebei for an importer’s markup to the surrogate costs in factory overhead. Moreover, the credit expenses incurred on U.S. sales, value. There is no evidence on the data provided in the Reserve Bank of citing Bicycles, 61 FR at 19028–29. record of the review indicating who India Bulletin, used to determine the Petitioner further argues that the imports the aniline, the sulfanilic acid surrogate value for factory overhead, did Department must deduct indirect selling producer or an importer who sells the not indicate to the contrary. Therefore, expenses incurred by Alchemy in the aniline to the sulfanilic acid producer. we have included water in factory calculation of ESP for Sinochem Hebei. Accordingly, there is no basis for overhead and have not valued it According to petitioner, these expenses determining that an importer’s markup separately. should be deducted even though this is would be included in the price to the an NME proceeding, because the Comment 6 Indian sulfanilic acid producer and for Department found in Bicycles that the adjusting the surrogate value for such a Petitioner argues that the Department statute requiring that indirect selling markup. erroneously based Sinochem Hebei’s expenses be deducted ‘‘provides no With respect to petitioner’s argument ocean freight on surrogate costs. It notes exception for cases involving non- that we should include an amount for that when an input is sourced from a market-economy countries.’’ It contends import duties in the surrogate value for market economy country and is paid for that this analysis governs this aniline, we note that respondents have in a convertible currency, the proceeding even though the decision in placed on the record evidence showing Department’s policy is to use actual Bicycles was made under the Act as that the import duty is not paid when costs, not surrogate costs. amended in 1994, rather than the prior the sulfanilic acid is exported. Respondents reply that the version of the statute governing this Therefore, we disagree with petitioner, verification report for Sinochem Hebei review. and have not made an adjustment for states that ocean freight was always Respondents reply that, at the import duties. provided by NME carriers. Therefore, verification of Alchemy, the Department Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53717 found no evidence that commissions this review, as it was requested prior to Comment 9 were paid on sales of sulfanilic acid and January 1, 1995, the language of section was able to verify the specific ESP sales 772(e) of the provisions as they existed Petitioner argues that the Department for which warehousing expenses were on December 31, 1994 and applicable to must rely on BIA to calculate freight paid. Further, they state that the credit this review clearly state that ESP shall expenses incurred by PHT because, at expenses referred to in the Alchemy be reduced by the amount of verification, the Department discovered verification report were not related to commissions for selling in the United that PHT’s freight records were sales of sulfanilic acid. They also reply States the particular merchandise under inconsistent and undocumented; that, at the verification of PHT, the consideration and expenses generally therefore, the freight records cannot be Department verified the sales for which incurred by or for the account of the relied upon. According to petitioner, commissions were paid and, if it makes exporter in the United States. This PHT’s accountants stated that there an adjustment for commissions, should language requires the same deductions were no documents to support an make the adjustment only for those to ESP as does the language requiring adjustment they had made to PHT’s sales. deductions to CEP under the provisions freight expenses in preparing PHT’s With regard to the deduction of effective January 1, 1995. We have financial statements and the reason for indirect selling expenses from ESP, therefore changed our practice in this the adjustment was explained respondents reply that it has been the respect from that described in the cases unsatisfactorily. Department’s long-standing practice not cited to by respondents. Pursuant to our Respondents reply that, with regard to to deduct indirect selling expenses and current practice as described in freight costs, the Department examined profit in NME cases because of the Bicycles, we have deducted from ESP at verification the original freight difficulty in isolating these expenses in for Sinochem Hebei and for Yude/ documents for specific sales and the surrogate values. As support, they Zhenxing direct selling expenses, verified the fact that ocean freight and cite Fans, Coumarin, Notice of Final including credit, warehousing expenses, marine insurance was provided by PRC Determination of Sales at less Than Fair and commissions, as applicable and companies. Therefore, the fact that the Value: Pure Magnesium from Ukraine verified, and indirect selling expenses Department could not tie all freight (60 FR 16432, March 30, 1995), and incurred in the United States. Saccharin. According to respondents, costs to the financial statements is the Department needs to make a fair Comment 8 irrelevant because actual costs will not be used in the calculation. comparison between USP and FMV, Petitioner argues that the Department citing The Budd Co. v. United States, failed to exclude sales made by Department’s Position 746 F. Supp. 1093, 1098 (Ct. Int’l Trade Sinochem Hebei to a related party in its We disagree with petitioner. Although 1990) and Smith Corona Group v. analysis. According to petitioner, we were not able to trace the freight United States, 713 F.2d 1568 (Fed. Cir. Sinochem Hebei did not clarify the 1983), and should stand by this long- relationship between these parties in its account in the general ledger to the standing decision that such adjustments supplemental questionnaire response, as financial statements at verification, we would lead to inaccurate results. They requested by the Department, and did are satisfied that, except for minor further argue that to implement this not reveal that it sold to this party until discrepancies, Yude and Zhenxing policy retroactively as a result of verification. reported their sales information Bicycles would be unfair. Respondents accurately and completely. At PHT’s Respondents reply that there is no also contend that the U.S. Congress’ verification, we reviewed the actual information on the record of this review failure to amend the antidumping law to freight documents for each ESP sale to indicate that Sinochem Hebei is overrule the longstanding policy not to made by PHT during the period of related to Sinochem U.S.A. They cite to deduct indirect selling expenses shows review. Accordingly, we were able to the verification report for Sinochem it was aware of this practice and use the actual freight amounts charged Hebei, which states that the Department approved it. to PHT to determine the per unit reviewed the related party ledger for Lastly, respondents point out that any amount of U.S. inland freight deducted Sinochem Hebei and did not find any required adjustments resulting from the from ESP. We also found that ocean Uruguay Round Agreements Act companies other than those listed in the organization chart. freight and marine insurance was (URAA) are not applicable to this always provided by NME companies, review as it was requested before Department’s Position and, therefore, we used surrogate values implementation of the URAA. We disagree with petitioner. At the to value both expenses. Department’s Position verification of Sinochem Hebei, we Clerical Errors With regard to whether direct and inquired about Sinochem Hebei’s indirect selling expenses should be relationship to Sinochem U.S.A., and Respondents contend that the deducted from ESP in the calculation of were told that Sinochem Hebei is Department made two clerical errors in our margins, we have reexamined our independent of Sinochem U.S.A., that its preliminary results. First, they argue position. In Bicycles, we stated that we Sinochem U.S.A. is part of Sinochem that, in calculating the cost of packing had reevaluated our practice in this area China, and that Sinochem Hebei made materials, the Department used the and concluded that selling expenses sales to Sinochem U.S.A. We reviewed wrong weights for the bags used to pack should be deducted in the calculation of Sinochem Hebei’s organization chart the sulfanilic acid. Second, they state constructed export price (CEP) under and related party ledger, and found no that the Department inaccurately section 772(c)(2)(d) of the statute indication that Sinochem Hebei is determined the freight cost for effective January 1, 1995, the effective related to Sinochem U.S.A. See page 2 transporting the raw materials between date of the amendments made to the Act of the May 30, 1996 Sinochem Hebei the supplier factories and the sulfanilic by the URAA (see Bicycles, 61 FR at verification report. Therefore, sales acid factories. We have reviewed the 19031 (Comment 1)). Although the made to Sinochem U.S.A. have not been calculations, and agree that these errors provisions which became effective treated as related party sales in our were made. They have been corrected January 1, 1995 are not applicable to analysis. for the final results. 53718 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Final Results of Review determined that the following margins As a result of our review of the exist: comments received, we have

Margin Manufacturer/exporter Time period (percent)

China National Chemical Construction Corporation ...... 8/1/93±7/31/94 60.68 Hainan Garden Trading Company ...... 8/1/93±7/31/94 67.05 Sinochem Hebei Import & Export Corporation ...... 8/1/93±7/31/94 7.70 Yude Chemical Industry Company* ...... 8/1/93±7/31/94 0.00 Zhenxing Chemical Industry Company* ...... 8/1/93±7/31/94 0.00 PRC Rate ...... 8/1/93±7/31/94 85.20 * Yude and Zhenxing have been collapsed for the purposes of this administrative review. However, we have listed them separately on this chart for Customs purposes.

The Department will instruct the responsibility concerning the compliance. The Board’s goal is to Customs Service to assess antidumping disposition of proprietary information achieve acceptance by Canada and other duties on all appropriate entries. The disclosed under APO in accordance governments of ISO 9000 registrations Department will issue appraisement with 19 CR 353.34(d)(1). Timely written performed in the United States on an instructions directly to the Customs notification of the return/destruction of equal basis with those performed in Service. APO materials or conversion to judicial those other countries. Furthermore, the following deposit protective order is hereby requested. DATES: Comments on this request must requirements will be effective upon Failure to comply with the regulations be received by December 30, 1996. publication of these final results for all and terms of an APO is a sanctionable ADDRESSES: Comments should be shipments of sulfanilic acid from the violation. submitted in writing to Robert L. PRC entered, or withdrawn from This administrative review and notice Gladhill, NVCASE Program Manager, warehouse, for consumption on or after are in accordance with section 751(a)(1) NIST, Bldg. 820, Room 282, the publication date, as provided for by of the Act (19 U.S.C. 1675(a)(1)) and 19 Gaithersburg, MD 20899, by fax at 301– section 751(a)(1) of the Act: (1) the cash CFR 353.22. 963–2871, or email [email protected]. deposit rates for reviewed companies Dated: October 7, 1996. FOR FURTHER INFORMATION CONTACT: named above which have separate rates Robert S. LaRussa, Robert L. Gladhill, NVCASE Program will be the rates for those firms listed Manager, at NIST, Bldg. 820, Room 282, above; (2) for the companies which were Acting Assistant Secretary for Import Administration. Gaithersburg, MD 20899, by telephone not found to have a separate rate, [FR Doc. 96–26368 Filed 10–11–96; 8:45 am] at 301–975–4029, by fax at 301–963– Baoding No. 3 Chemical Factory, China 2871 or by email at [email protected]. National Chemical Construction BILLING CODE 3510±DS±P SUPPLEMENTARY INFORMATION: Corporation, Qingdao Branch, Jinxing The Chemical Factory, Sinochem Qingdao, NVCASE procedures at 15 CFR Part 286 National Institute of Standards and require NIST to seek public consultation and Sinochem Shandong, as well as for Technology all other PRC exporters, the cash deposit when it receives such requests. This program involves a collection of rate will be the highest margin ever in [Docket No. 960909249±6276±02] the LTFV investigation or in this or information subject to the Paperwork prior administrative reviews, the PRC- RIN 0693±XX23 Reduction Act. This collection is wide rate; and (3) the cash deposit rate approved by the Office of Management National Voluntary Conformity and Budget under control No. 0693– for non-PRC exporters of subject Assessment System Evaluation merchandise from the PRC will be the 0019. (NVCASE) Program The text of the request follows: rate applicable to the PRC supplier of that exporter. These deposit AGENCY: National Institute of Standards July 25, 1996. requirements shall remain in effect until and Technology, Commerce. Mr. Robert L. Gladhill, Program Manager, publication of the final results of the NVCASE Program, NIST, Bldg. 820, ACTION: Notice; request for public Room 282, Gaithersburg, MD 20899 next administrative review. comment. This notice also serves as a final Dear Mr. Gladhill: The National Board of Boiler and Pressure Vessel Inspectors is reminder to importers of their SUMMARY: This is to advise the public requesting NIST to accredit the National responsibility under 19 CFR 353.26 to that the National Institute of Standards Board as an ISO–9000 registrar under the file a certificate regarding the and Technology (NIST) received a letter NVCASE program. We would like to reimbursement of antidumping duties dated July 25, 1996 from The National coordinate our activities with NIST to prior to liquidation of the relevant Board of Boiler and Pressure Vessel achieve our goal in the most expeditious entries during this review period. Inspectors requesting the development manner possible. Successful efforts from both Failure to comply with this requirement of a new program under the National our organizations will help boiler and could result in the Secretary’s Voluntary Conformity Assessment pressure vessel manufacturers in the global presumption that reimbursement of Systems Evaluation (NVCASE) Program. marketplace. antidumping duties occurred and the The letter requests NVCASE to evaluate The National Board is the central organization in the United States that subsequent assessment of double and accredit that Board as an ISO–9000 coordinates certification and enforcement antidumping duties. registrar so that it, in turn, can conduct activities in the boiler and pressure vessel This notice also serves as a reminder audits of manufacturers of pressure industry. The National Board is comprised of to parties subject to administrative vessels according to ISO–9000, formally the chief inspectors of the states and certain protective order (APO) of their registering those which are in cities of the Unites States. These chief Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53719 inspectors are responsible for the Constitution Avenue, Washington, DC (2) the adverse effects of the proposed enforcement of regulation pertaining to the 20230. activity do not outweigh its contribution construction, installation, operation, repair, to the national interest, (3) the proposed and alteration of boilers and pressure vessels. Dated: October 9, 1996. Samuel Kramer, activity will not violate the Clean Air Certification by a government body is Act or the Federal Water Pollution consistent with the founding principles of Associate Director. the National Board. Control Act, and (4) no reasonable [FR Doc. 26351 Filed 10–11–96; 8:45 am] alternative is available that would Since its founding in 1919, the National BILLING CODE 3510±13±M Board has been assisting the states in the permit the activity to be conducted in a enforcement of boiler and pressure vessel manner consistent with the State’s CMP. safety legislation. Currently, most of the National Oceanic and Atmospheric 15 CFR 930.121. audits of boiler and pressure vessel Administration Public comments are invited on the manufacturers, installers, and assemblers in findings that the Secretary must make as the United States are conducted by the Coastal Zone Management; Federal set forth in the regulations at 15 CFR National Board and its members. Also, all Consistency Appeal 930.121. Comments are due within 30 audits of manufacturers and assemblers of days of the publication of this notice safety valves are conducted by the National AGENCY: National Oceanic and and should be sent to Mr. Roger B. Board. These audits are conducted to assure Atmospheric Administration, Eckert, Attorney-Adviser, Office of the compliance with the requirements of the Commerce. quality and construction standards, and to Assistant General Counsel for Ocean ensure compliance with the regulations of ACTION: Notice of appeal and request for Services, National Oceanic and the states and cities. The ability to certify to comments. Atmospheric Administration, U.S. ISO–9000 will allow manufacturers the Department of Commerce, 1305 East- Jessie W. Taylor (Appellant), filed option to expand their markets West Highway, Room 6111, Silver with the Secretary of Commerce internationally. Spring, MD 20910. Copies of comments (Secretary) a notice of appeal pursuant The National Board has conducted audits will also be forwarded to the Appellant to section 307(c)(3)(A) of the Coastal at nuclear generating stations. The Nuclear and the State. Regulatory Commission in their deliberations Zone Management Act of 1972 (CZMA), All nonconfidential documents has used results of the audits in its decisions as amended, 16 U.S.C. §§ 1451 et seq., submitted in this appeal are available on the licensing of stations. These audits are and the Department of Commerce’s for public inspection during business conducted on programs complying with 10 implementing regulations, 15 CFR Part hours at the offices of the State and the CFR 50 that are identical to ISO–9000. 930, Subpart H. The appeal is taken Currently, requirements are in place by Office of the Assistant General Counsel from an objection by the South Carolina Canadian authorities requiring an accepted for Ocean Services. quality program for import into Canada. The Office of Ocean and Coastal Resource Management (State) to the Appellant’s FOR ADDITIONAL INFORMATION CONTACT: U.S. fitting/flange manufacturers may have Mr. Roger B. Eckert, Attorney-Adviser, their quality program reviewed by provincial project which involves placing fill authorities or be in possession of a Certificate material in approximately 0.6 acres of Office of the Assistant General Counsel issued by an accredited registrar. The wetlands for the purpose of commercial for Ocean Services, National Oceanic National Board is among organizations development. The site of the proposed and Atmospheric Administration, U.S. recognized by these authorities as a body that project consists of two undeveloped Department of Commerce, 1305 East- can certify manufacturers. Lacking lots, which are located in a commercial West Highway, Room 6111, Silver accreditation, we are unable to assist U.S. area adjacent to Highway 17, in Surfside Spring, MD 20910, (301) 713–2967. manufacturers in their attempts to enter this (Federal Domestic Assistance Catalog No. market. Beach, Horry County, South Carolina. The Appellant has certified that the 11.419 Coastal Zone Management Program The National Board has been in Assistance) discussions with the Registrar Accreditation project, for which a U.S. Army Corps of Board(RAB) on the issue of certification of Engineers permit must be obtained, is Dated: October 4, 1996. personnel. Their policy is that in order for an consistent with the State’s coastal Terry D. Garcia, applicant for accreditation to be considered management program (CMP). General Counsel. by them, RAB must certify the applicant’s The CZMA provides that a timely [FR Doc. 96–26259 Filed 10–11–96; 8:45 am] personnel. Other accreditors of ISO–9000 objection by a state precludes any BILLING CODE 3510±08±M registrars recognize a registrar’s ability to federal agency from issuing licenses or certify their own personnel in accordance permits for the activity unless the with ISO–10011. This issue has caused a [I.D. 100296A] stalemate in our relationship with RAB Secretary finds that the activity is either preventing the National Board from ‘‘consistent with the objectives’’ of the Advisory Committee to the U.S. becoming accredited by RAB. CZMA (Ground I) or ‘‘necessary in the Section of the International On behalf of the members of the National interest of national security’’ (Ground Commission for the Conservation of Board, I look forward to working with NIST II). Section 307(c)(3)(A). To make such Atlantic Tunas (ICCAT); Fall Meeting on the NVCASE program. a determination, the Secretary must find Yours truly, that the proposed project satisfies the AGENCY: National Marine Fisheries Albert J. Justin, requirements of 15 CFR 930.121 or Service (NMFS), National Oceanic and Executive Director. 930.122. Atmospheric Administration (NOAA), The Appellant requests that the Commerce. Interested parties should respond in Secretary override the State’s ACTION: Notice of public meeting. writing to the above address. All consistency objections based on Ground comments submitted with become part I. To make the determination that the SUMMARY: The Advisory Committee to of the public record and will be proposed activity is ‘‘consistent with the the U.S. Section of ICCAT will hold its available for inspection and copying at objectives’’ of the CZMA, the Secretary annual fall meeting on November 6–8, the U.S. Department of Commerce must find that: (1) the proposed activity 1996. Central Reference and Records and furthers one or more of the national DATES: The open sessions will be held Inspection Facility, Room 6020, Herbert objectives or purposes contained in on November 6, 1996, from 2 p.m. to 6 C. Hoover Building, 14th and section 302 or section 303 of the CZMA, p.m. and November 7, 1996, from 8:30 53720 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices a.m. to 12 p.m., and the closed sessions at (301) 713–2276 at least 5 days prior ADDRESSES: Persons wishing to will be held on November 7 from 1:15 to the meeting date. comment on this Settlement Agreement p.m. to 5:30 p.m. and on November 8 Dated: October 8, 1996. should send written comments to the from 8 a.m. to 1 p.m. Written comments Rolland A. Schmitten, Comment 97–C0001, Office of the should be received no later than Secretary, Consumer Product Safety Assistant Administrator for Fisheries, November 5, 1996. National Marine Fisheries Service. Commission, Washington, D.C. 20207. ADDRESSES: The meeting will be held at [FR Doc. 96–26311 Filed 10–11–96; 8:45 am] FOR FURTHER INFORMATION CONTACT: NOAA Headquarters, 1325 East-West BILLING CODE 3510±22±F Jeanne M.Siebert, Trial Attorney, Office Highway (Silver Spring Metro Center of Compliance and Enforcement, Building 2), Silver Spring, MD 20910 in Consumer Product Safety Commission, conference room 2358. Written COMMISSION OF FINE ARTS Washington, D.C. 20207; telephone comments should be sent to Kim (301) 504–0626. Blankenbeker, Executive Secretary to Notice of Meeting the Advisory Committee, NOAA-NMFS, SUPPLEMENTARY INFORMATION: The text of 1315 East-West Highway, Silver Spring, The Commission of Fine Arts’ next the Agreement and Order appears MD 20910. meeting is scheduled for 17 October below. FOR FURTHER INFORMATION CONTACT: Kim 1996 at 10:00 AM in the Commission’s Dated: October 8, 1996. Blankenbeker, (301) 713-2276. offices in the Pension Building, Suite Sadye E. Dunn, SUPPLEMENTARY INFORMATION: The 312, Judiciary Square, 441 F Street, Secretary. Advisory Committee to the U.S. Section N.W., Washington, D.C. 20001 to of ICCAT will meet in open session on discuss various projects affecting the Settlement Agreement and Order November 6, 1996, from 2 p.m. to 6 p.m. appearance of Washington, D.C., 1. The Brinkmann Corporation and November 7, 1996, from 8:30 a.m. including buildings, memorials, parks, (‘‘TBC’’), a corporation, enters into this to 12 p.m. to discuss the stock status of etc.; also matters of design referred by Settlement Agreement and Order with highly migratory species, the other agencies of the government. the staff (‘‘the staff’’) of the Consumer implementation of ICCAT conservation Inquiries regarding the agenda and Product Safety Commission (‘‘The measures by the United States and other requests to submit written or oral Commission’’) in accordance with the countries, reports of the Committee’s statements should be addressed to procedures set forth in section 1118.20 working groups, results of the Charles H. Atherton, Secretary, of the Commission’s Procedure for Committee’s regional meetings, 1995 Commission of Fine Arts, at the above Investigations, Inspections, and ICCAT meeting accomplishments, address or call the above number. Inquiries under the Consumer Product upcoming issues facing ICCAT at its Dated in Washington, D.C. 7 October 1996. Safety Act (‘‘CPSA’’), 16 C.F.R. § 1118. 1996 meeting, and other matters relating Charles H. Atherton, This agreement is a compromise to the international management of Secretary. resolution of the matter described ICCAT species. Both sessions will be [FR Doc. 96–26318 Filed 10–11–96; 8:45 am] herein, without a hearing or open to the public; however, the BILLING CODE 6330±01±M determination by the COMMISSION of November 6 session will be the only any issues of law or fact or the issuance opportunity for public comment. of any findings whatsoever. Written comments are encouraged and, if mailed, should be received by CONSUMER PRODUCT SAFETY I. The Parties COMMISSION November 5, 1996 (see ADDRESSES); 2. The Consumer Product Safety however, they can also be submitted [CPSC Docket No. 97±C0001] Commission is an independent federal during the open sessions of the regulatory agency responsible for the Advisory Committee meeting. The Brinkmann Corporation, a enforcement of the Consumer Product The Advisory Committee also will Corporation; Provisional Acceptance Safety Act, 15 U.S.C. 2051–2084. meet from 1:15 p.m. to 5:30 p.m. on of a Settlement Agreement and Order November 7 and from 8 a.m. to 1 p.m. 3. TBC is a corporation organized and on November 8. These sessions will not AGENCY: Consumer Product Safety existing under the laws of the State of be open to the public inasmuch as the Commission. Texas. Its principal offices are located at discussions will involve classified ACTION: Provisional acceptance of a 4215 McEwen Road, Dallas, TX 75244. information, the discussion of which settlement agreement under the TBC is a manufacturer of outdoor relates to U.S. negotiating positions to Consumer Product Safety Act. cooking and lighting equipment. be taken at the Tenth Special Meeting of II. Staff Allegations ICCAT to be held in San Sebastian, SUMMARY: It is the policy of the Spain, from November 22–29, 1996. The Commission to publish settlements 4. In the 15 years from 1979 to 1993, Advisory Committee will discuss which it provisionally accepts under the TBC manufactured and distributed over various options for the U.S. negotiating Consumer Product Safety Act in the 100,000 cooker/fryers, over 100,000 position during the closed sessions. Federal Register in accordance with the electric smokers and over 1,000,000 Accordingly, the determination has terms of 16 CFR Section 1118.20(e). charcoal water smokers. Those products been made that the Committee shall go Published below is a provisionally- were distributed to consumers into executive session for the afternoon accepted Settlement Agreement with the throughout the United States for use session of November 7 and for the entire Brinkmann Corporation, a Corporation. outside a residence or in recreation. November 8 session. DATES: Any interested person may ask TBC, therefore, is a ‘‘manufacturer’’ of The meeting locations are physically the Commission not to accept this ‘‘consumer products’’ which are accessible to people with disabilities. agreement or otherwise comment on its ‘‘distributed in commerce,’’ as those Requests for sign language contents by filing a written request with terms are defined in sections 3(a) (4) interpretation or other auxiliary aids the Office of the Secretary by October and (11) of the CPSA, 15 U.S.C. should be directed to Kim Blankenbeker 30, 1996. §§ 2052(a) (4) and (11). Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53721

The Cooker/Fryer 10. Although TBC obtained in this agreement, including that TBC at 5. The cooker/fryer is a portable type information alleging that the hole in the any time possessed information which of outdoor cooking equipment used to charcoal pan could expose consumers to reasonably supported the conclusion deep fry or boil food. It was a risk of fire, it failed to provide that: (i) its products contained defects manufactured and distributed under the information concerning the defect to the which could create a substantial name ‘‘Country Cooker’’. It consists of a Commission as required by section 15(b) product hazard within the meaning of three part set, including: a burner unit, of the CPSA, as amended, 15 U.S.C. section 15(a) of the CPSA, 15 U.S.C. 2064(b). 2064(a), or (ii) its products created an pan, and frying basket. The burner unit 11. The charcoal water smokers also unreasonable risk of serious injury or consists of a stand, a regulator, a burner, had metal brackets and other parts with death, 15 U.S.C. 2064(b); and therefore, and a hose assembly. sharp edges that exposed consumers to denies that it knowingly failed to meet 6. The cooker/fryer had a design a risk of laceration. In the 13 years from its obligation to report to the susceptible to spillage of hot liquids and 1981 to 1993, TBC received information Commission under section 15(b) of the food. The base of the cooker/fryer on at least 13 incidents involving CPSA. lacked a protective lip around its burner consumers receiving lacerations, some 17. The cooker/fryer does not contain grate to help prevent the pan from being of which involved serious lacerations, any defects. The use of the cooker/fryer, dislodged from the grate. In addition, as a result of the sharp edges. In 1993, similar to a stove top, requires that any the pan and basket design enabled the TBC retooled the dies used to produce cooking utensil placed on the burner be consumer to hang the basket component the brackets and rounded the square situated in such a manner so that the to the outside of the pan which could corners to reduce the risk of injury. cooking utensil does not become tip the pan and the basket off the 12. Although TBC obtained imbalanced or dislodged. Further, after cooker/fryer. In the 13 years from 1981– information alleging that the charcoal TBC received notice of the one (1) claim 1993, TBC received complaints, several water smokers had brackets and other where someone had been injured by of which involved grievous injury, from components with sharp edges and could placing the frying basket outside of the consumers who were burned by hot expose consumers to a risk of laceration, pan, TBC, in 1992, incorporated liquids or solids when the pan was it failed to provide information additional warnings with the product. dislodged from the grate. In 1992, TBC concerning the defect to the 18. As to the allegations concerning added a warning to the cooker Commission as required by section 15(b) the alleged risk of fires caused by the cautioning consumers against hanging of the CPSA, as amended, 15 U.S.C. charcoal water smoker, the design used the basket component on the outside of 2064(b). was prevalent among the industry. The the pan. air hole in the bottom of the charcoal The Electric Smoker 7. Although TBC obtained pan was open and obvious, and TBC information alleging that the cooker/ 13. The electric smoker is a type of advised that the charcoal water smoker fryer was defective and that the defects portable outdoor cooking equipment should not be used on flammable exposed consumers to a risk of injury used to slow cook, self-baste, and smoke surfaces and that a fire-retardant shield from burning liquids or solids, it failed foods. This product was sold under the should be placed under the charcoal to provide information concerning the name ‘‘Smoke ’N Grill Electric.’’ The pan to guard against falling embers. defects to the Commission as required electric smoker is similar to the charcoal 19. TBC denies all allegations by section 15(b) of the CPSA, as water smoker, but instead of a charcoal concerning the alleged risks regarding amended, 15 U.S.C. 2064(b). pan, the electric water smoker is the electric smoker. The Charcoal Water Smoker equipped with a solid bottom with an electric heating element and lava rocks. IV. Agreement of the Parties 8. The charcoal water smoker is a 14. The electric smoker had loose 20. TBC and the staff agree that the portable type of outdoor cooking fitting brackets which enabled the water Commission has jurisdiction in this equipment used to slow cook, self-baste, pan to be dislodged during use allowing matter for purposes of entry and and smoke foods. It was manufactured the water pan to spill its contents. In the enforcement of this Settlement under the ‘‘Brinkmann’’ label and the eight years from 1985–1992, TBC Agreement and Order. ‘‘COOK’N CA’JUN’’ label. The charcoal received at least 7 complaints from 21. TBC agrees to entry of the attached water smoker has a barrel shaped body consumers who received burns when Order, which is incorporated herein by containing brackets which support two the water pan slipped off its base and reference, and to be bound by its terms. grills, a water pan, and a charcoal pan. spilled scalding liquids. TBC responded 22. By entering into this Settlement The charcoal pan is located beneath the in 1989 by incorporating additional Agreement and Order, TBC does not water pan. The unit is equipped with a product warnings and in 1991 by admit any liability, statutory violation, lid and a temperature gauge. changing the type of brackets used and or wrongdoing and this Settlement 9. The charcoal water smoker had a their placement in the smoker. Agreement and Order does not hole in the center of the charcoal pan 15. Although TBC obtained constitute, and is not evidence of, or an through which hot embers could fall. If information alleging that the brackets of admission of, any liability, statutory the hot embers fell on a combustible the electric smoker were defective and violation, or the existence of a product surface, they could cause a fire. In the could expose consumers to a risk of defect. This Settlement Agreement and 14 years from 1980 to 1993, TBC injury from burns, it failed to provide Order are entered into for purposes of received information on at least 25 information concerning the defect to the settlement only. incidents involving fires or charring Commission as required by section 15(b) 23. In accepting this Settlement caused by burning embers falling of the CPSA, as amended, 15 U.S.C. Agreement, the Commission makes and through the hole in the center of the § 2064(b). will make no findings as to whether any charcoal pan; in one of the alleged fire of the consumer products mentioned incidents the smoker allegedly caused a III. Brinkmann’s Position above contain a defect which creates or fatal house fire. In 1992, TBC closed the 16. TBC denies each and all of the could create a substantial product hole in the charcoal pan and provided staff’s allegations with respect to the hazard or creates or could create an additional warnings in 1993. outdoor cooking equipment identified unreasonable risk of serious injury or 53722 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices death; or that TBC knowingly violated Acting Director, Division of Administrative Title, Applicable Forms, and OMB the reporting provisions of section 15(b) Litigation, Office of Compliance. Control Number: Defense Federal of the CPSA, 15 U.S.C. 2064(b) pursuant Jeanne M. Siebert, Acquisition Regulation Supplement to section 19(a)(4) of the CPSA, 15 Attorney, Division of Administrative (DFARS) Subpart 209.1, Responsible U.S.C. 2068(a)(4). Litigation, Office of Compliance. Prospective Contractors, and DFARS 24. The Commission may publicize Order 252.209.7002, Disclosure of Foreign the terms of the Settlement Agreement Ownership or Control by a Foreign and Order. Upon consideration of the Settlement Government, OMB Number 704–0353. 25. The Settlement Agreement and Agreement between Respondent, The Type of Request: Extension of a Order shall be placed on the public Brinkmann Corporation (‘‘TBC’’), a currently approved collection. record and shall be published in the corporation, and the staff of the Number of Respondents: 25. Federal Register in accordance with the Consumer Product Safety Commission; Responses Per Respondent: 1. procedure set forth in 16 CFR and the Commission having jurisdiction Annual Responses: 25. § 1118.20(e). If, within 15 days of over the subject matter and TBC; and it Average Burden Per Response: 1 hour. publication, the Commission has not appearing that the Settlement Annual Burden Hours: 25. received any written request not to Agreement is in the public interest, it is Needs and Uses: 10 U.S.C. 2536 accept the Settlement Agreement and Ordered, that the Settlement prohibits award of a Department of Order, the Settlement Agreement and Agreement be and hereby is accepted, as Defense contract under a national Order will be deemed to be finally indicated below; and it is security program to an entity controlled accepted on the 16th day after the date Further ordered, that upon final by a foreign government, if access to a it is published in the Federal Register acceptance of the Settlement proscribed category of information is (16 CFR § 1118.20(f)). Upon final Agreement, TBC shall pay to the order necessary for the performance of the acceptance, the Commission shall issue of the United States Treasury a civil contract. This information collection is and serve upon TBC the attached order penalty in the amount of ONE used by contracting officers to identify incorporated herein by reference. HUNDRED SEVENTH FIVE offers from companies controlled by a 26. Upon final acceptance of this THOUSAND DOLLARS ($175,000). The foreign government. The guidance at Settlement Agreement and Order by the first payment of $35,000 is due twenty DFARS 209.104 (48 CFR 209.104) and Commission, TBC knowingly, (20) days after service of this Final the solicitation provision at DFARS voluntarily, and completely waives any Order upon the Respondent, TBC, and 252.209–7002 (48 CFR 252.209–7002) rights it might have only as to the the remaining four payments of $35,000 implement the requirements of 10 allegations in this Settlement are due on the last day of the month for U.S.C. 2536. Agreement: (1) to an administrative or each of the four months following the Affected Public: Business or Other judicial hearing with respect to the initial payment. Upon the failure of TBC For-Profit, Not-for-Profit Institutions. Commission’s claim for a civil penalty, to make a payment or upon the making Frequency: On occasion. (2) to judicial review or other challenge of a late payment by TBC, the entire Respondent’s Obligation: Mandatory. to or contest of the validity of the amount of the civil penalty shall be due OMB Desk Officer: Mr. Peter N. Weiss. Commission’s attached Order, (3) to a and payable, and interest on the Written comments and determination by the Commission as to outstanding balance shall accrue and be recommendations on the proposed whether a violation of section 15(b) of paid at the federal legal rate of interest information collection should be sent to the CPSA, 15 U.S.C. 2064(b), has under the provisions of 28 U.S.C. 1961 Mr. Weiss at the Office of Management occurred, (4) to a statement of findings (a) and (b). and Budget, Desk Officer for DoD, Room of fact and conclusions of law with Provisionally accepted and 10236, New Executive Office Building, regard to the Commission’s claim for a Provisional Order issued on the 8th day Washington, DC 20503. civil penalty and (5) to any claims under of October, 1996. DOD Clearance Officer: Mr. William Pearce. Written requests for copies of the Equal Access to Justice Act. TBC By Order of the Commission: reserves all rights not specifically the information collection proposal Sadye E. Dunn, should be sent to Mr. Pearce, WHS/ waived above. Secretary, Consumer Product Safety 27. The parties further agree that the DIOR, 1215 Jefferson Davis Highway, Commission. Suite 1204, Arlington, VA 22202–4302. Commission shall issue the [FR Doc. 96–26224 Filed 10–11–96; 8:45 am] incorporated order under the CPSA, 15 Dated: October 7, 1996. BILLING CODE 6355±01±M U.S.C. § 2051 et seq. and that a violation Patricia L. Toppings, of the Order will subject TBC to Alternate OSD Federal Register Liaison appropriate legal action. DEPARTMENT OF DEFENSE Officer, Department of Defense. 28. Agreements, understandings, [FR Doc. 96–26233 Filed 10–11–96; 8:45 am] representations, or interpretations made Office of the Secretary BILLING CODE 5000±04±M outside this Settlement Agreement and Order may not be used to vary or Public Information Collection contradict its terms. Requirements Submitted to the Office Garnishments Processing Fee The Brinkmann Corporation of Management and Budget (OMB) for AGENCY: Department of Defense, Defense Review Dated: August 8, 1996. Finance and Accounting Service. J. Baxter Brinkmann, ACTION: Notice. ACTION: Notice. President. The Consumer Product Safety Commission. The Department of Defense has SUMMARY: The Department of Defense is Dated: October 3, 1996. submitted to OMB for clearance, the giving notice that it will collect a fee for David Schmeltzer, following proposal for collection of processing garnishments against Associate Executive Director, Office of information under the provisions of the Department of Defense civilian Compliance. Paperwork Reduction Act (44 U.S.C. employees and involuntary allotment Eric L. Stone, Chapter 35). applications against active duty military Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53723 members to satisfy debts other than for The fee will be deducted at the time FOR FURTHER INFORMATION CONTACT: Dr. alimony or child support. The fee is the garnishment or involuntary Kaigham J. Gabriel, Director, DARPA/ $75.00, and will be collected from the allotment is first instituted. It will be ETO, 3701 N. Fairfax Drive, Arlington, monies payable to the creditor at the subtracted from the judgment amount. VA 22203–1714; telephone: 703/696– time the garnishment or involuntary The fee does not apply to garnishment 2252. allotment is first instituted. for child support or alimony under Title Dated: October 8, 1996. EFFECTIVE DATE: November 1, 1996. 42 of the United States Code, Section L.M. Bynum, FOR FURTHER INFORMATION CONTACT: The 659. Garnishment Operations Directorate, Alternate OSD Federal Register Liaison Dated: October 8, 1996. Officer, Department of Defense. Defense Finance and Accounting L.M. Bynum, Service, Cleveland Center, Cleveland, [FR Doc. 96–26234 Filed 10–11–96; 8:45 am] Alternate OSD Federal Register Liaison BILLING CODE 5000±04±M Ohio, (216) 522–5301. Officer, Department of Defense. SUPPLEMENTARY INFORMATION: 5 U.S.C. [FR Doc. 96–26230 Filed 10–11–96; 8:45 am] 5520a permits a garnishment or BILLING CODE 5000±04±M Change in Schedule of Meetings involuntary allotment against the pay of civilian employees and active duty AGENCY: Department of Defense, military members to satisfy debts owed Meeting of the Semiconductor DACOWITS. to private parties other than for alimony Technology Council and child support. That law was ACTION: Notice. recently amended by Public Law 104– ACTION: Notice. 106, February 10, 1996, to authorize the SUMMARY: On October 2, 1996 (61 FR Department of Defense to assess the SUMMARY: Under the provisions of P.L. 51437), the Department of Defense creditor a fee to recover its costs in 92–463, the ‘‘Federal Advisory published a notice on the 1996 processing garnishments and Committee Act,’’ notice is hereby given DACOWITS Fall Conference. This involuntary allotments. Based upon a that the Semiconductor Technology notice is to notify attendees of the cost study, the Department of Defense Council will hold its fifth meeting. The changes in the schedule. Change time to has decided to impose a fee of $75.00 Council’s mission is to: link industry 8:00 a.m. to 9:00 a.m. October 27, 1996 for processing of each garnishment or and national security needs to for the Final Review and 9:10 a.m. to involuntary allotment. As required by opportunities for cooperative 10:30 a.m. October 27, 1996 for the the law, this fee will be charged to the investments, foster pre-competitive Voting Session. All other information creditor and deducted from the monies cooperation among industry, remains unchanged. collected from the employee or member government and academia, recommend Dated: October 8, 1996. that are due the creditor. opportunities for new R&D efforts and The fee will be charged for each potential to rationalize and align on- L.M. Bynum, garnishment order or involuntary going industry and government Alternate OSD Federal Register Liaison allotment served and processed to investments. Part of the meeting will be Officer, Department of Defense. payment. Thus, each time the closed to the public in accordance with [FR Doc. 96–26229 Filed 10–11–96; 8:45 am] Department of Defense is served with, Section 10(d) of the Federal Advisory BILLING CODE 5000±04±M and honors, an order to garnish an Committee Act, and pursuant to the employee’s salary, or an application for appropriate provisions of Section an involuntary allotment for the above 552b(c) (3) and (4), Title 5, U.S.C. There Department of the Air Force referenced debts, the Department of will be an open session from 1:30 p.m. Defense will deduct the $75.00 fee. to 2:00 p.m. Cost Comparison Studies Although administrative costs are incurred for each pay period for which DATE: October 21, 1996. The Air Force is conducting the a garnishment or involuntary allotment ADDRESS: Marriott Courtyard, 1533 following cost comparison studies in is in effect, no additional fee will be Clarendon Boulevard, Arlington, VA accordance with OMB Circular A–76, charged to cover those costs. 22209. Performance of Commercial Activities.

Installation State USAF project title

Maxwell ...... AL ...... General library. Maxwell ...... AL ...... Grounds maintenance. Elemendorf ...... AK ...... Power Production. Eielson ...... AK ...... Misc services. Travis ...... CA ...... Military family housing maintenance. March ...... CA ...... Airfield operations and weather. March ...... CA ...... Transient aircraft maintenance. March ...... CA ...... Base operating support. Edwards ...... CA ...... Base supply. Buckley ...... CO ...... Airfield management. Bolling ...... DC ...... Military family housing maintenance. Tyndall ...... FL ...... BOS and backshop aircraft maintenance. Eglin ...... FL ...... Library. Eglin ...... FL ...... Education services. Homestead ...... FL ...... Air field operations and weather. Homestead ...... FL ...... Base operating support. Eglin ...... FL ...... Acquisition security. Dobbins ...... GA ...... Control tower operations. Dobbins ...... GA ...... Communication functions. 53724 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Installation State USAF project title

Dobbins ...... GA ...... Weather Services. Dobbins ...... GA ...... Base operating support. Robins ...... GA ...... Audiovisual. Ramstein ...... Germany ...... Mess attendants. Spangdahlem ...... Germany ...... Mess attendants. Grissom ...... IN ...... Air field operations and weather. Grissom ...... IN ...... Transient aircraft maintenance. Grissom ...... IN ...... Base operating support. Kusan ...... Korea ...... Food services. Osan ...... Korea ...... Food services. New Orleans NSA ...... LA ...... Base operating support. Otis ANGB ...... MA ...... Transient aircraft maintenance. Westover ...... MA ...... Control tower operations. Westover ...... MA ...... Weather Services. Westover ...... MA ...... Base Operating Support. Hanscom ...... MA ...... Audiovisual. Hanscom ...... MA ...... Data Automation. Hanscom ...... MA ...... Vehicle O&M. Minn/St Paul ...... MA ...... Communications. Minn/St Paul ...... MA ...... Base operating support. Columbus ...... MS ...... Base operating support. Keesler ...... MS ...... Grounds maintenance. Keesler ...... MS ...... Laundry. Keesler ...... MS ...... Technical training center equipment maintenance. Andrews ...... MD ...... Administrative support. McGuire ...... NJ ...... Military family housing maintenance. Cannon ...... NM ...... Military family housing maintenance. Kirkland ...... NM ...... Base supply. Kirkland ...... NM ...... PMEL. Kirkland ...... NM ...... Vehicle O&M. Niagra Falls IAP ...... NY ...... Weather Services. Niagra Falls IAP ...... NY ...... Base operating support. Nellis ...... NV ...... Military family housing maintenance. Youngstown ...... OH ...... Base operating support. Wright Patterson ...... OH ...... Base operating support. Tinker ...... OK ...... Communication functions. Pittsburgh ...... PA ...... Base operating support. Willow Grove ...... PA ...... Base operating support. Laughlin ...... TX ...... Base operating support. Laughlin ...... TX ...... Aircraft maintenance. Lackland ...... TX ...... Grounds maintenance. Lackland ...... TX ...... Animal caretaking. Sheppard ...... TX ...... Aircraft maintenance & supply. Carswell ...... TX ...... Base operating support. Hill ...... UT ...... Grounds maintenance. Hill ...... UT ...... Recreational support. General Mitchell ...... WI ...... Base operating support.

Patsy J. Conner, Air Force Federal Register Liaison Officer. [FR Doc. 96–26330 Filed 10–11–96; 8:45 am] BILLING CODE 3910±01±P Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53725

Department of the Army 30537), which provided notice that the comments are received that would Draft EIS was available for comment. result in a contrary determination. Notice of Availability of the Final Comments from the DEIS have been ADDRESSES: Send comments to General Environmental Impact Statement for considered and responses are included Counsel, Defense Special Weapons the Disposal of Chemical Agents and in this Final EIS. After a 30-day waiting Agency, 6801 Telegraph Road, Munitions Stored at Pine Bluff Arsenal, period the Army will publish a Record Alexandria, VA 22310–3398 Arkansas of Decision. Copies of the Final EIS may FOR FURTHER INFORMATION CONTACT: Ms. AGENCY: Department of the Army, DoD. be obtained by writing to the following address: Program Manager for Chemical Sandy Barker at (703) 325–7681. ACTION: Notice of availability. Demilitarization, ATTN: SFAE–CD–ME, SUPPLEMENTARY INFORMATION: The SUMMARY: This announces the Aberdeen Proving Ground, Maryland Defense Special Weapons Agency availability of the Final Environmental 21010–5401. notices for systems of records subject to Impact Statement (FEIS) on the ADDITIONAL INFORMATION: The the Privacy Act of 1974 (5 U.S.C. 552a), construction and operation of the Environmental Protection Agency (EPA) as amended, have been published in the proposed chemical agent will also publish a Notice of Availability Federal Register and are available from demilitarization facility at Pine Bluff for the Final EIS in the Federal Register. the address above. Arsenal, Arkansas. The proposed FOR FURTHER INFORMATION CONTACT: The proposed amendments are not facility will be used to demilitarize all Above address, or Ms. Cathy Stalcup at within the purview of subsection (r) of stockpile chemical agents and (410) 671–3629/2583. the Privacy Act (5 U.S.C. 552a), as munitions currently stored at Pine Bluff Richard E. Newsome, amended, which would require the Arsenal. The FEIS examines the submission of a new or altered system potential impacts of on-site Acting Deputy Assistant Secretary of the Army (Environment, Safety and Occupational report for each system. The amendment incineration, alternative sites within the Health) OASA (I, L&E). consists of changing the name of the Pine Bluff Arsenal, and the ‘‘no action’’ [FR Doc. 96–26342 Filed 10–11–96; 8:45 ‘Defense Special Weapons School’ to alternative. The ‘‘no action’’ alternative a.m.] read ‘Defense Nuclear Weapons School’. is considered to be a deferral of the BILLING CODE 3710±08±M This amendment affects two systems of demilitarization with continued storage records notices, HDSWA 004, entitled of agents and munitions at Pine Bluff ‘Nuclear Weapons Accident Exercise Arsenal. Defense Special Weapons Agency Personnel Radiation Exposure Records’ SUPPLEMENTARY INFORMATION: In its and HDSWA 014, entitled ‘Student Record of Decision (53 FR 5816, Privacy Act of 1974; Notice to Amend Records’. The record systems being February 26, 1988) for the Final Record Systems amended are set forth below as Programmatic Environmental Impact amended, published in their entirety. Statement on the Chemical Stockpile AGENCY: Defense Special Weapons Dated: October 8, 1996. Disposal Program (CSDP), the Agency, DOD. Department of the Army selected on-site ACTION: Notice to amend record systems. Patricia L. Toppings, disposal by incineration at all eight SUMMARY: The Defense Special Weapons Alternate OSD Federal Register Liaison chemical munition storage sites within Officer, Department of Defense. the continental United States as the Agency is amending two systems of method by which it will destroy its records notices in its inventory of record HDNA 004 lethal chemical stockpile. On March 29, systems subject to the Privacy Act of SYSTEM NAME: 1989 (54 FR 12944–45), the Department 1974 (5 U.S.C. 552a), as amended. The of the Army published a Notice of Intent amendment consists of changing the Nuclear Weapons Accident Exercise in the Federal Register which provided name of the ‘Defense Special Weapons Personnel Radiation Exposure Records. notice that, pursuant to the National School’ to read ‘Defense Nuclear Environmental Policy Act and Weapons School’. This amendment SYSTEM LOCATION: implementing regulations, it would affects two systems of records notices, Defense Nuclear Weapons School, prepare a draft site-specific EIS for the HDSWA 004, entitled ‘Nuclear Weapons Field Command, Defense Special Pine Bluff Arsenal. In 1995, the Accident Exercise Personnel Radiation Weapons Agency, 1900 Wyoming Department of the Army prepared a Exposure Records’ last published Boulevard, SE, Kirtland Air Force Base, Draft EIS to assess the site-specific August 26, 1996, 61 FR 43743 and NM 87117–5669. health and environmental impacts of HDSWA 014, entitled ‘Student Records’ on-site incineration of chemical agents last published August 26, 1996, 61 FR CATEGORIES OF INDIVIDUALS COVERED BY THE and munitions stored at the Pine Bluff 43750. SYSTEM: Arsenal. A Notice of Availability was DATES: The amendments will be Military and civilian employees of the published on June 9, 1995 (60 FR effective on November 14, 1996, unless Department of Defense and other 53726 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices federal, state, and local government The ‘Blanket Routine Uses’ published CONTESTING RECORD PROCEDURES: agencies, contractor personnel, and at the beginning of DSWA’s compilation The DSWA rules for accessing records visitors from foreign countries, who of systems of records notices apply to and for contesting contents and participated in planned exercises. this system. appealing initial agency determinations are published in DSWA Instruction CATEGORIES OF RECORDS IN THE SYSTEM: POLICIES AND PRACTICES FOR STORING, RETRIEVING, ASSESSING, RETAINING AND 5400.11B; 32 CFR part 318; or may be Name; Social Security Number; date DISPOSING OF RECORDS IN THE SYSTEM: obtained from the system manager or of birth; service; grade/rank; specialty the General Counsel, Headquarters, STORAGE: code; job series or profession; Defense Special Weapons Agency, 6801 experience with radioactive materials Records are stored on computer Telegraph Road, Alexandria, VA 22310– such as classification as ‘radiation printouts and in paper files folders. 3398. worker;’ use of film badge or other RETRIEVABILITY: dosimetric device; respiratory RECORD SOURCE CATEGORIES: Records may be retrieved by names, protection equipment; training and Social Security Number, service or Information in this system of records actual work in anti-contamination organization, grade/rank, dosimeter was supplied directly by the individual; clothing and respirators; awareness of number, or date and place of or derived from information supplied by radiation risks associated with participation. the individual; or supplied by a exercises; previous radiation exposure; contractor or government dosimetry role in exercise; employer/organization SAFEGUARDS: service; or developed by radiation mailing address and telephone; unit Records and computer printouts are measurements at the exercise site. responsible for individuals radiation available only to authorized persons exposure records; time in exercise with an official need to know. The files EXEMPTIONS CLAIMED FOR THE SYSTEM: radiological control area; and external are in a secure office area with limited None. and internal radiation monitoring and/ access during duty hours. The office is or dosimetry results. locked during non-duty hours. HDNA 014 SYSTEM NAME: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RETENTION AND DISPOSAL: 42 U.S.C. 2013 and 2201 (Atomic All records are retained permanently. Student Records. Energy Act of 1954) and 10 CFR parts SYSTEM MANAGER(S) AND ADDRESS: SYSTEM LOCATION: 10 and 20; 5 U.S.C. 7902 and 84 Stat. Commander, Defense Nuclear Defense Nuclear Weapons School, 1599 (Occupational Safety and Health Weapons School, Field Command, Field Command, Defense Special Act of 1970) and 29 CFR subparts Defense Special Weapons Agency, 1900 Weapons Agency, 1900 Wyoming 1910.20 and 1910.96; E.O. 12196, as Wyoming Boulevard, SE, Kirtland Air Boulevard SE, Kirtland Air Force Base, amended, February 26, 1980, Force Base, NM 87117–5669. NM 87117–5669. (Occupational Safety and Health Programs for Federal Employees); and NOTIFICATION PROCEDURE: CATEGORIES OF INDIVIDUALS IN THE SYSTEM: E.O. 9397. Individuals seeking to determine Any student attending the Defense whether information about themselves PURPOSE(S): Nuclear Weapons School. is contained in this system of records For use by agency officials and should address written inquiries to the CATEGORIES OF RECORDS IN THE SYSTEM: employees in determining and Commander, Defense Nuclear Weapons Student academic records consisting evaluating individual and exercise School, Field Command, Defense of course completion; locator collective radiation doses and in Special Weapons Agency, 1900 information; and related information. reporting dosimetry results to Wyoming Boulevard, SE, Kirtland Air individuals. Force Base, NM 87117–5669. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Inquiry should contain full name and 5 U.S.C. 301, Departmental ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND Social Security Number of the Regulations; 5 U.S.C. 302, 4103; and THE PURPOSES OF SUCH USES: individual and applicable dates of E.O. 9397. In addition to those disclosures participation, if available. Visits can be arranged with the system manager. PURPOSE(S): generally permitted under 5 U.S.C. To determine applicant eligibility, as 552a(b) of the Privacy Act, these records RECORD ACCESS PROCEDURE: a record of attendance and training, or information contained therein may Individuals seeking access to completion or elimination, as a locator, specifically be disclosed outside the information about themselves contained and a source of statistical information. DoD as a routine use pursuant to 5 in this system of records should address U.S.C. 552a(b)(3) as follows: inquiries to the Commander, Defense ROUTINE USES OF RECORDS MAINTAINED IN THE Officials and employees of other Nuclear Weapons School, Field SYSTEM, INCLUDING CATEGORIES OF USERS AND government agencies, authorized Command, Defense Special Weapons THE PURPOSES OF SUCH USES: government contractors, current or Agency, 1900 Wyoming Boulevard, SE, In addition to those disclosures potential employers, national, state and Kirtland Air Force Base, NM 87117– generally permitted under 5 U.S.C. local government organizations and 5669. 552a(b) of the Privacy Act, these records foreign governments in the performance Inquiry should contain full name and or information contained therein may of official duties related to evaluating, Social Security Number of the specifically be disclosed outside the reporting and documenting radiation individual and applicable dates of DoD as a routine use pursuant to 5 dosimetry data. participation, if available. Visits can be U.S.C. 552a(b)(3) as follows: Officials of government investigatory arranged with the system manager. The ’Blanket Routine Uses’ published agencies in the performance of official Requests from current or potential at the beginning of DSWA’s compilation duties relating to enforcement of Federal employers must include a signed of systems of records notices apply to rules and regulations. authorization from the individual. this system. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53727

POLICIES AND PRACTICES FOR STORING, appealing initial agency determinations Environmental Management Site- RETRIEVING, ACCESSING, RETAINING, AND are published in DSWA Instruction Specific Advisory Board, Kirtland Area DISPOSING OF RECORDS IN THE SYSTEM: 5400.11B; 32 CFR part 318; or may be Office (Sandia); Notice of Open STORAGE: obtained from the system manager or Meeting Maintained in paper files and on the General Counsel, Headquarters, AGENCY: Department of Energy. computer media. Defense Special Weapons Agency, 6801 Telegraph Road, Alexandria, VA 22310– SUMMARY: Pursuant to the provisions of RETRIEVABILITY: 3398. the Federal Advisory Committee Act Information may be retrieved by name (Pub. L. 92–463, 86 Stat. 770) notice is or Social Security Number. RECORD SOURCE CATEGORIES: hereby given of the following Advisory Committee meeting: Environmental SAFEGUARDS: From the individual. Management Site-Specific Advisory Records and computer printouts are Board, Kirtland Area Office (Sandia). available only to authorized persons EXEMPTIONS CLAIMED FOR THE SYSTEM: DATES: Wednesday, October 16, 1996: with an official need to know. The files None. 6:50 pm–9:30 pm (Mountain Daylight are in a secure office area with limited [FR Doc. 96–26231 Filed 10–11–96; 8:45 am] Time). access during duty hours. The office is BILLING CODE 5000±04±F locked during non–duty hours. ADDRESSES: Mesa Verda Community Center, 7900 Marquette Boulevard, NE, RETENTION AND DISPOSAL: Albuquerque, New Mexico. Individual academic records are FOR FURTHER INFORMATION CONTACT: retained for 75 years. Records are DEPARTMENT OF ENERGY Mike Zamorski, Acting Manager, maintained at the school for five years, Notice of Renewal of the Charter of the Department of Energy Kirtland Area then subsequently retired to the Federal American Statistical Association Office, P.O. Box 5400, Albuquerque, NM Records Center, Fort Worth, TX for the Committee on Energy Statistics 87185 (505) 845–4094. remaining 70 years and then destroyed. SUPPLEMENTARY INFORMATION: SYSTEM MANAGER(S) AND ADDRESS: Pursuant to the Federal Advisory Purpose of the Board: The purpose of Commander, Defense Nuclear Committee Act (Pub. L. 92–463), I hereby certify that the renewal of the the Board is to make recommendations Weapons School, Field Command, to DOE and its regulators in the areas of Defense Special Weapons Agency, 1900 charter of the American Statistical Association Committee on Energy environmental restoration, waste Wyoming Boulevard SE, Kirtland Air management, and related activities. Force Base, NM 87117–5669. Statistics is in the public interest in connection with the performance of Tentative Agenda: NOTIFICATION PROCEDURE: duties imposed on the Department of 6:50 pm Public Comment Period Individuals seeking to determine Energy by law. This determination 7:00 pm Approval of Agenda whether information about themselves follows consultation with the 7:05 pm Approval of 9/18/96 Minutes is contained in this system should Committee Management Secretariat of 7:10 pm Chair’s Report address written inquiries to the General Services Administration, —Appreciation for Outgoing Officers Commander, Defense Nuclear Weapons pursuant to 41 CFR 101–6.1029. —SNL/DOE Rush Inlow, Deputy School, Field Command, Defense The purpose of the Committee is to Manager, DOE/AL and John Special Weapons Agency, 1900 provide advice on a continuing basis to Crawford, Deputy Director, SNL Wyoming Boulevard SE, Kirtland Air the Administrator of the Energy 7:25 pm DOE/SNL Ten-Year Plan—Ad Force Base, NM 87117–5669. Information Administration (EIA), Hoc Committee Report/Discussion Individuals should provide their including: 7:40 pm Off-site Disposition of name, Social Security Number, current 1. Periodic reviews of the elements of Environmental Restoration Waste address, and proof of identity (photo 7:55 pm Board Budget Report/ EIA information collection and analysis identification for in person access). Approval programs and the provision of 8:10 pm Break RECORD ACCESS PROCEDURES: recommendations; 8:20 pm Management Area 7 Individuals seeking access to 2. Advice on priorities of technical Recommendation/Approval information about themselves contained and methodological issues in the 8:45 pm Board Committees/Approval in this system should address written planning, operation, and review of EIA 8:55 pm Minutes—Form/Approval inquiries to the Commander, Defense statistical programs; and 9:00 pm New/Other Business Nuclear Weapons School, Field 9:10 pm Agenda Items for Next Command, Defense Special Weapons 3. Advice on matters concerning Meeting Agency, 1900 Wyoming Boulevard SE, improved energy modeling and 9:15 pm Public Comment Kirtland Air Force Base, NM 87117– forecasting tools, particularly regarding 9:25 pm Announcement of Next 5669. their functioning, relevancy, and results. Meeting/Adjourn Individuals should provide name, Further information concerning this Social Security Number, current Committee can be obtained from Rachel A final agenda will be available at the address, and sufficient information to M. Samuel (202) 586–3279. meeting Wednesday, October 16, 1996. permit locating the record. Public Participation: The meeting is Issued in Washington, D.C. on: September open to the public. Written statements For personal visits, the individual 30, 1996. should provide military or civilian may be filed with the Committee either JoAnne Whitman, identification card. before or after the meeting. Individuals Deputy Advisory Committee Management who wish to make oral statements CONTESTING RECORD PROCEDURES: Officer. pertaining to agenda items should The DSWA rules for accessing records [FR Doc. 96–26306 Filed 10–11–96; 8:45 am] contact Mike Zamorski’s office at the and for contesting contents and BILLING CODE 6450±01±P address or telephone number listed 53728 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices above. Requests must be received 5 days Tentative Agenda: Place: The Holiday Inn Financial prior to the meeting and reasonable District, 750 Kearny Street, San November Meeting Topics provision will be made to include the Francisco, CA (415) 433–6600. This meeting will include a technical presentation in the agenda. The Contact: William J. Raup, Office of Designated Federal Official is presentation on the identification and screening of candidate sites for the Building Technology, State, and empowered to conduct the meeting in a Community Programs, Energy Efficiency fashion that will facilitate the orderly Environmental Waste Management Facility. and Renewable Energy, U.S. Department conduct of business. Each individual of Energy, Washington, DC 20585, wishing to make public comment will Public Participation: The meeting is Telephone 202/586–2214. be provided a maximum of 5 minutes to open to the public. Written statements present their comments. This notice is may be filed with the Committee either SUPPLEMENTARY INFORMATION: being published less than 15 days in before or after the meeting. Individuals advance of the meeting due to who wish to make oral statements Purpose of the Board: To make programmatic issues that needed to be pertaining to agenda items should recommendations to the Assistant resolved. contact Sandy Perkins at the address or Secretary for Energy Efficiency and Minutes: The minutes of this meeting telephone number listed above. Renewable Energy regarding goals and will be available for public review and Requests must be received 5 days prior objectives and programmatic and copying at the Freedom of Information to the meeting and reasonable provision administrative policies, and to Public Reading Room, 1E–190, Forrestal will be made to include the presentation otherwise carry out the Board’s Building, 1000 Independence Avenue, in the agenda. The Designated Federal responsibilities as designated in the SW, Washington, DC 20585 between Official is empowered to conduct the State Energy Efficiency Programs 9:00 a.m. and 4 p.m., Monday–Friday, meeting in a fashion that will facilitate Improvement Act of 1990 (Pub. L. 101– except Federal holidays. Minutes will the orderly conduct of business. Each 440). individual wishing to make public also be available by writing to Mike Tentative Agenda: Briefings on, and comment will be provided a maximum Zamorski, Department of Energy discussions of: Kirtland Area Office, P.O. Box 5400, of 5 minutes to present their comments. • Albuquerque, NM 87185, or by calling Minutes: The minutes of this meeting The FY 1997 Federal budget request (505) 845–4094. will be available for public review and for Energy Efficiency and Renewable copying at the Freedom of Information Energy programs. Issued at Washington, DC on October 8, Public Reading Room, 1E–190, Forrestal 1996. • Issues related to DOE National Building, 1000 Independence Avenue, Rachel M. Samuel, Laboratories, relating to deployment of SW, Washington, DC 20585 between technology through the States. Acting Deputy Advisory Committee 9:00 a.m. and 4 p.m., Monday–Friday, • Management Officer. except Federal holidays. Minutes will Review and approval of any [FR Doc. 96–26308 Filed 10–11–96; 8:45 am] also be available at the Department of committee activity. BILLING CODE 6450±01±P Energy’s Information Resource Center at Public Participation: The meeting is 105 Broadway, Oak Ridge, TN between open to the public. Written statements 8:30 am and 5:00 pm on Monday, may be filed with the Board either Environmental Management Site- Wednesday, and Friday; 8:30 am and before or after the meeting. Members of Specific Advisory Board, Oak Ridge 7:00 pm on Tuesday and Thursday; and the public who wish to make oral Reservation; Notice of Open Meeting 9:00 am and 1:00 pm on Saturday, or by statements pertaining to agenda items AGENCY: Department of Energy. writing to Sandy Perkins, Department of should contact William J. Raup at the SUMMARY: Pursuant to the provisions of Energy Oak Ridge Operations Office, address or telephone number listed the Federal Advisory Committee Act 105 Broadway, Oak Ridge, TN 37830, or above. Requests to make oral (Pub. L. 92–463, 86 Stat. 770) notice is by calling her at (423) 576–1590. presentations must be received five days hereby given of the following Advisory Issued at Washington, DC on October 4, prior to the meeting; reasonable Committee meeting: Environmental 1996. provision will be made to include the Management Site-Specific Advisory Rachel Murphy Samuel, statements in the agenda. The Chair of Board (EM SSAB), Oak Ridge Acting Deputy Advisory Committee the Board is empowered to conduct the Reservation. Management Officer. meeting in a fashion that will facilitate DATES: Wednesday, November 6, 6:00 [FR Doc. 96–26309 Filed 10–11–96; 8:45 am] the orderly conduct of business. pm–9:30 pm. BILLING CODE 6450±01±P Minutes: The minutes of the meeting ADDRESSES: Oak Ridge Inn (formerly will be available for public review and Holiday Inn), 420 South Illinois copying within 30 days at the Freedom Avenue, Oak Ridge, Tennessee. Office of Energy Efficiency and of Information Public Reading Room, Renewable Energy FOR FURTHER INFORMATION CONTACT: 1E–190, Forrestal Building, 1000 Sandy Perkins, Site-Specific Advisory State Energy Advisory Board; Notice Independence Avenue, SW., Board Coordinator, Department of of Open Meeting Washington, DC, between 9 a.m. and 4 Energy Oak Ridge Operations Office, p.m., Monday through Friday, except 105 Broadway, Oak Ridge, TN 37830, AGENCY: Department of Energy. Federal holidays. (423) 576–1590. SUMMARY: Pursuant to the provisions of Issued at Washington, DC, on October 8, the Federal Advisory Committee Act SUPPLEMENTARY INFORMATION: 1996. (Pub. L. 92–463; 86 Stat. 770), notice is Rachel M. Samuel, Purpose of the Board: The purpose of hereby given of the following meeting: the Board is to make recommendations Name: State Energy Advisory Board. Acting Deputy Advisory Committee to DOE and its regulators in the areas of Date and Time: November 14, 1996 Management Officer. environmental restoration, waste from 9:00 am to 5:00 pm, and November [FR Doc. 96–26307 Filed 10–11–96; 8:45 am] management, and related activities. 15, 1996 from 9:00 am to 12:00 pm. BILLING CODE 6450±01±P Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53729

Federal Energy Regulatory [Docket No. RP96±190±005] October 1, 1996, in accordance with Commission Section 30.6 of its tariff. Colorado Interstate Gas Company; Any person desiring to be heard or to Notice of Proposed Changes in FERC [Docket No. RP97±24±000] protest the proposed tariff sheets should Gas Tariff file a motion to intervene or protest with Carnegie Interstate Pipeline Company; October 8, 1996. the Federal Energy Regulatory Notice of Proposed Changes in FERC Take notice that on October 2, 1996, Commission, 888 First Street, NE., Gas Tariff Colorado Interstate Gas Company, (CIG) Washington, DC 20426, in accordance submitted for filing as part of its FERC with Rules 214 and 211 of the October 8, 1996. Gas Tariff, First Revised Volume No. 1, Commission’s Rules of Practice and Procedure (18 CFR 385.214, 385.211). Take notice that on October 2, 1996, the following tariff sheets: All such motions or protests must be Carnegie Interstate Pipeline Company Seventh Revised Sheet No. 10 filed as provided in Section 154.210 of (CIPCO) tendered for filing the Nineteenth Revised Sheet No. 11 the Commission’s Regulations. Protests following revised tariff sheet to its FERC CIG states that the filing is being filed will be considered by the Commission Gas Tariff, Original Volume No. 1, to to correct its Mesa Negative Surcharge in determining the appropriate action to become effective on November 1, 1996: and the Account No. 858 Stranded Cost be taken, but will not serve to make Tenth Revised Sheet No. 7 Surcharge. protestants parties to the proceeding. CIG requests that the tariff sheets Any person wishing to become a party CIPCO states that this is its Annual become effective October 1, 1996. must file a motion to intervene. Copies filing pursuant to Section 32.2 of the CIG states that copies of this filing of this filing are on file with the General Terms and Conditions of its have been served on CIG’s jurisdictional Commission and are available for public FERC Gas tariff to reflect prospective customers and public bodies. inspection. changes in transportation costs Any person desiring to protest said Lois D. Cashell, associated with unassigned upstream filing should file a protest with the Secretary. capacity held by CIPCO on Texas Federal Energy Regulatory Commission, [FR Doc. 96–26258 Filed 10–11–96; 8:45 am] Eastern Transmission Corporation for 888 First Street, N.E., Washington, D.C. BILLING CODE 6717±01±M the 12-month period commencing 20426, in accordance with Section November 1, 1996 and under-recovered 385.211 of the Commission’s Rules of Transportation Costs for the period Practice and Procedure (18 CFR Section [Docket No. RP96±180±001] 385.211). All such protests must be filed October 30, 1995 to August 31, 1996. Stingray Pipeline Company; Notice of The filing reflects a Transportation Cost as provided in Section 154.210 of the Commission’s Regulations. Protests will Compliance Filing to Effectuate Rate (‘‘TCR’’) of $0.9551, consisting of a Changes in FERC Gas Tariff TCR Adjustment of $1.3313 and a TCR be considered by the Commission in Surcharge credit of $0.3762. determining the appropriate action to be October 8, 1996. taken, but will not serve to make CIPCO states that copies of its filing Take notice that on October 4, 1996, protestants parties to the proceeding. pursuant to ‘‘Order After Technical were served on all jurisdictional Copies of this filing are on file with the customers and interested state Conference’’ issued herein on Commission and are available for public September 19, 1996 (Order), Stingray commissions. inspection in the Public Reference Pipeline Company (Stingray) tendered Any person desiring to be heard or to Room. for filing as part of its FERC Gas Tariff, protest said filing should file a motion Lois D. Cashell, Third Revised Volume No. 1, proposed to intervene or protest with the Federal Secretary. tariff sheets to become effective Energy Regulatory Commission, 888 [FR Doc. 96–26256 Filed 10–11–96; 8:45 am] December 1, 1996. First Street, N.E., Washington, D.C. BILLING CODE 6717±01±M Stingray states that the purpose of the 20426, in accordance with 18 CFR filing is to comply with the Order 385.214 and 385.211 of the addressing revised cashout procedures. Commission’s Rules and Regulations. [Docket No. RP97±25±000] Stingray requests whatever waivers All such motions or protests must be may be necessary to permit the tariff filed as provided in Section 154.210 of K N Interstate Gas Transmission Co.; sheets as submitted to become effective the Commission’s Regulations. Protests Notice of Proposed Changes in FERC December 1, 1996. Gas Tariff will be considered by the Commission Stingray states that copies of the filing are being mailed to Stingray’s in determining the appropriate action to October 8, 1996. jurisdictional customers, interested state be taken, but will not serve to make Take notice that on October 3, 1996, protestants parties to the proceeding. regulatory agencies and all parties set K N Interstate Gas Transmission Co. out on the official service list at Docket Any person wishing to become a party (KNI) tendered for filing to become part No. RP96–180–000. must file a motion to intervene. Copies of its FERC Gas Tariff, Third Revised Any person desiring to protest said of this filing are on file with the Volume 1–A, the following revised tariff filing should file a protest with the Commission and are available for public sheets, to be effective October 1, 1996: Federal Energy Regulatory Commission, inspection in the public reference room. First Revised Sheet No. 4–A 888 First Street, N.E., Washington, D.C. Lois D. Cashell, First Revised Sheet No. 4–B 20426, in accordance with Section Secretary. First Revised Sheet No. 4–C 385.211 of the Commission’s Rules and Second Revised Sheet No. 4–D [FR Doc. 96–26257 Filed 10–11–96; 8:45 am] Regulations. All such protests must be BILLING CODE 6717±01±M KNI states that these tariff sheets are filed as provided in Section 154.210 of being filed to update KNI’s Tariff to the Commission’s Regulations. Protests reflect the elimination of KNI’s Account will be considered by the Commission 858 rate component commencing in determining the appropriate action to 53730 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices be taken, but will not serve to make P–4797, 044, Cogeneration, Inc. OA96–70, 000, Boston Edison Company protestants parties to the proceeding. P–4797, 045, Cogeneration, Inc. OA96–79, 000, Wisconsin Public Service Copies of this filing are on file with the P–4797, 048, Cogeneration, Inc. Corporation Commission and are available for public CAH–8. OA96–80, 000, Public Service Electric & Docket# P–10813, 011, City of Gas Company inspection in the Public Reference Summersville, West Virginia OA96–82, 000, Portland General Electric Room. Other#S P–10813, 022, City of Company Lois D. Cashell, Summersville, West Virginia OA96–83, 000, Northeast Utilities Service Secretary. Company Consent Agenda—Electric OA96–84, 000, Commonwealth Edison [FR Doc. 96–26255 Filed 10–11–96; 8:45 am] CAE–1. Company BILLING CODE 6717±01±M Docket# ER96–2466, 000, New York State OA96–85, 000, El Paso Electric Company Electric & Gas Corporation OA96–86, 000, Allegheny Power CAE–2. OA96–89, 000, Virginia Electric & Power Sunshine Act Meeting Docket# ER96–2741, 000, Arizona Public Company Service Company OA96–90, 000, Delmarva Power & Light The following notice of meeting is CAE–3. Company published pursuant to section 3(a) of the Docket# ER96–2817, 000, Montaup Electric OA96–91, 000, Central Vermont Public Government in the Sunshine Act (Pub. Company Service Corporation L. No. 94–409), 5 U.S.C. 552B: CAE–4. OA96–92, 000, Florida Power Corporation AGENCY HOLDING MEETING: Federal Docket# ER96–2850, 000, Sierra Pacific OA96–93, 000, Puget Sound Power & Light Energy Regulatory Commission. Power Company Company OA96–95, 000, Puget Sound Power & Light DATE AND TIME: October 16, 1996, 10:00 CAE–5. # Company a.m. Docket ER96–2869, 000, State Line Energy, L.L.C. OA96–96, 000, Oklahoma Gas & Electric PLACE: Room 2C, 888 First Street, N.E., CAE–6. Company Washington, D.C. 20426. Docket# ER96–2830, 000, Washington Gas OA96–98, 000, Public Service Company of STATUS: Open. Energy Services, Inc. Colorado OA96–99, 000, Southern California Edison MATTERS TO BE CONSIDERED: Agenda. CAE–7. Docket# EC94–14, 000, The Cleveland Company OA96–100, 000, Western Resources, Inc. Note.—Items listed on the agenda may be Electric Illuminating Company and OA96–101, 000, Utilicorp United, Inc. deleted without further notice. Toledo Edison Company OA96–106, 000, Unitil Power Corporation CAE–8. CONTACT PERSON FOR MORE INFORMATION: OA96–108, 000, Fitchburg Gas & Electric Docket# OA96–1, 000, Pacific Gas & Lois D. Cashell, Secretary, telephone Light Company Electric Company (202) 208–0400. For a recording listing OA96–110, 000, Midamerican Energy items stricken from or added to the Other Nos. OA96–7, 000, Niagara Mohawk Company Power Corporation OA96–112, 000, Detroit Edison Company meeting, call (202) 208–1627. OA96–9, 000, Pacificorp This is a list of matters to be OA96–113, 000, Southwestern Public OA96–20, 000, Wisconsin Power & Light Service Company considered by the Commission. It does Company not include a listing of all papers OA96–115, 000, Mt. Carmel Public Utility OA96–22, 000, Allegheny Power Company relevant to the items on the agenda; (Monongahela Power Company, et al.) OA96–116, 000, Tampa Electric Company however, all public documents may be OA96–27, 000, Southern Company OA96–118, 000, Minnesota Power & Light examined in the reference and Services, Inc. Company, et al. information center. OA96–29, 000, Northern States Power OA96–119, 000, Potomac Electric Power Company (Minnesota) Northern States Company Consent Agenda—Hydro 660th Meeting— Power Company (Wisconsin) OA96–120, 000, Potomac Electric Power October 16, 1996, Regular Meeting; (10:00; OA96–31, 000, Central Louisiana Electric Company a.m.) Company, Inc. OA96–121, 000, Arizona Public Service CAH–1. OA96–32, 000, Southern Company Company Docket# P–400, 031, Public Service Services, Inc. OA96–123, 000, Maine Public Service Company of Colorado OA96–36, 000, Central Illinois Light Company Other#S P–1005, 004, Public Service Company OA96–125, 000, IES Utilities Inc. Company of Colorado OA96–37, 000, Green Mountain Power OA96–127, 000, Central Maine Power P–2187, 007, Public Service Company of Corporation Company Colorado OA96–39, 000, Florida Power & Light OA96–129, 000, Montana Power Company P–2275, 002, Public Service Company of Company OA96–130, 000, Cambridge Electric Light Colorado OA96–46, 000, Duke Power Company Company P–2351, 007, Public Service Company of OA96–48, 000, Union Electric Company OA96–131, 000, Dayton Power & Light Colorado OA96–49, 000, South Carolina Electric & Company CAH–2. Gas Company OA96–134, 000, Consumers Power Omitted OA96–54, 000, New England Power Company CAH–3. Company OA96–136, 000, Southern Indiana Gas & Docket# P–2727, 046, Bangor Hydro- OA96–55, 000, Public Service Company of Electric Company Electric Company New Mexico OA96–151, 000, Old Dominion Electric CAH–4. OA96–57, 000, Duquesne Light Company Cooperative, Inc. Docket# P–7267, 017, Joseph M. Keating OA96–61, 000, Black Hills Power & Light OA96–158, 000, Entergy Services, Inc. CAH5. Company OA96–169, 000, Cinergy Services, Inc., et Docket# P–2458, 009, Great Northern OA96–62, 000, Black Hills Power & Light al. Paper, Inc. Company OA96–175, 000, Long Island Lighting CAH–6. OA96–63, 000, General Public Utilities Company Docket# P–2572, 005, Great Northern (Jersey Central Power & Light Company, OA96–176, 000, Tucson Electric Power Paper, Inc. et al.) Company CAH–7. OA96–67, 000, Montaup Electric Company OA96–179, 000, Nevada Power Company Docket# P–4797, 042, Cogeneration, Inc. OA96–68, 000, Sierra Pacific Power OA96–183, 000, American Electric Power Other#S P–4797, 043, Cogeneration, Inc. Company System Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53731

OA96–187, 000, Wisconsin Electric Power OA96–209, 000, Lee County Electric CAG–10 Omitted. Company Cooperative, Inc. CAG–11. OA96–191, 000, Bangor Hydro-Electric OA96–214, 000, Oklahoma Municipal Docket# RP96–350, 000, K N Interstate Gas Company Power Authority Transmission Company OA96–192, 000, Otter Tail Power Company OA96–220, 000, Florida Keys Electric CAG–12. OA96–193, 000, Kentucky Utilities Cooperative Association, Inc. Docket# PR96–9, 000, Louisiana State Gas Company OA96–223, 000, Vineland Municipal Corporation OA96–198, 000, Carolina Power & Light Electric Utility CAG–13. Company OA96–228, 000, City of Dover, Delaware Docket# PR96–10, 000, Dow Intrastate Gas OA96–204, 000, Cleveland Electric OA96–230, 000, Incorporated County of Company Illuminating Company and Toledo Los Alamos, New Mexico CAG–14. Edison Company CAE–11. # # Docket RP94–227, 006, Transwestern OA96–205, 000, CSW Operating Company Docket TX96–9, 000, Boroughs of Pipeline Company (Central Power & Light Company, et al). Lansdale, Catawissa, Duncannon, Other#s RP95–271, 003, Transwestern OA96–212, 000, Central Illinois Light Ephrata, Hatfield, and Kutztown, et al., Pipeline Company Company Pennsylvania CAG–15. OA96–213, 000, Interstate Power Company CAE–12. # OA96–218, 000, Idaho Power Company Docket# EC96–7, 000, Union Electric Docket RP96–317, 001, Great Lakes Gas OA96–221, 000, Pennsylvania Power & Company and Central Illinois Public Transmission Limited Partnership CAG–16. Light Company Service Company # OA96–226, 000, Orange & Rockland Other#S ER96–677, 000, Union Electric Docket RP91–143, 036, Great Lakes Gas Utilities, Inc. Company and Central Illinois Public Transmission Limited Partnership # OA96–232, 000, Lockhart Power Company Service Company Other s RP95–422, 005, Great Lakes Gas OA96–233, 000, Empire District Electric ER96–679, 000, Union Electric Company Transmission Limited Partnership Company and Central Illinois Public Service CAG–17. OA96–234, 000, Midwest Energy, Inc. Company Docket# RP95–187, 005, Northwest CAE–9. CAE–13. Pipeline Corporation Docket # OA96–5, 000, Midwest Energy, Omitted Other#s RP94–220, 014, Northwest Inc. CAE–14. Pipeline Corporation Other # S OA96–24, 000, Bangor Hydro- Docket# ER96–1471, 001, Cleveland TM95–2–37, 005, Northwest Pipeline Electric Company Electric Illuminating Company Corporation OA96–35, 000, Maine Public Service CAE–15. CAG–18. Company Omitted Docket# RM96–1, 001, Standards for OA96–60, 000, Black Hills Corporation CAE–16. Business Practices of Interstate Natural OA96–72, 000, St. Joseph Light & Power Omitted Gas Pipelines Company CAG–19. Consent Agenda—Gas and oil OA96–102, 000, Utilicorp United, Inc. Docket# RP93–206, 011, Northern Natural OA96–157, 000, United Illuminating CAG–1. Gas Company Company Omitted Other#s RP96–347, 000, Northern Natural OA96–215, 000, Central Illinois Public CAG–2. Gas Company # Service Company Docket RP96–284, 000, Viking Gas CAG–20. OA96–222, 000, Northwest Public Service Transmission Company Docket# RP96–184, 002, Natural Gas Company CAG–3. Pipeline Company of America # OA96–224, 000, Citizens Utilities Docket RP92–237, 029, Alabama- CAG–21. Company Tennessee Natural Gas Company Docket# RP96–272, 002, Northern Natural OA96–225, 000, People’s Electric CAG–4. # Gas Company Cooperative Docket RP95–197, 015, Transcontinental CAG–22. CAE–10. Gas Pipe Line Corporation # # # Docket RP96–265, 000, Peco Energy Docket OA96–41, 000, Central Electric Other S RP95–197, 017, Transcontinental Company v. Texas Eastern Transmission Cooperative, Inc. Gas Pipe Line Corporation Corporation Other # S OA96–51, 000, Public Utility RP96–211, 002, Transcontinental Gas Pipe CAG–23. District No. 1 of Lewis County, Line Corporation Docket# IS92–27, 000, Lakehead Pipe Line Washington RP96–211, 004, Transcontinental Gas Pipe Company, Limited Partnership OA96–87, 000, Delta-Montrose Electric Line Corporation Other#s IS93–4, 000, Lakehead Pipe Line Association RP96–359, 001, Transcontinental Gas Pipe OA96–97, 000, Wake Electric Membership Line Corporation Company, Limited Partnership Corporation CAG–5. IS93–33, 000, Lakehead Pipe Line OA96–111, 000, Jones-Onslow Electric Docket# RP96–185, 002, Algonquin Gas Company, Limited Partnership Membership Corporation Transmission Company IS94–20, 000, Lakehead Pipe Line OA96–132, 000, Concho Valley Electric CAG–6. Company, Limited Partnership Cooperative, Inc. Docket# RP96–268, 000, Tennessee Gas IS94–24, 000, Lakehead Pipe Line OA96–135, 000, Dakota Electric Pipeline Company Company, Limited Partnership Association Other#s, RP96–269, 000, East Tennessee IS95–5, 000, Lakehead Pipe Line Company, OA96–144, 000, Lower Valley Power & Natural Gas Company Limited Partnership Light, Inc. CAG–7. IS95–26, 000, Lakehead Pipe Line OA96–145, 000, Stamford Electric Docket# RP96–279, 001, Texas Eastern Company, Limited Partnership Cooperative, Inc. Transmission Corporation IS95–27, 000, Lakehead Pipe Line OA96–146, 000, Niobrara Valley Electric CAG–8. Company, Limited Partnership Membership Corporation Docket# RP95–190, 003, Williams Natural IS96–15, 000, Lakehead Pipe Line OA96–147, 000, Licking Rural Gas Company Company, Limited Partnership Electrification, Inc. CAG–9. CAG–24. OA96–152, 000, Glacier Electric Docket# RP95–409, 000, Northwest Docket# OR96–17, 000, Ultramar Inc. v. Cooperative, Inc. Pipeline Corporation SFPP, L.P. OA96–168, 000, Seminole Electric Other#s RP95–409, 005, Northwest Other#S OR96–2 et al., 000, Texaco Cooperative, Inc. Pipeline Corporation Refining and Marketing, Inc. and Arco OA96–177, 000, Jacksonville Electric RP95–409, 006, Northwest Pipeline Products Company v. SFPP, L.P. Authority Corporation CAG–25. 53732 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Docket# MG96–16, 000, Mojave Pipeline Service in the Commission. The ADDRESSES: Written comments should Company Performance Review Board also makes be submitted to the Administrator, CAG–26. # written commendations to the FERC Southwestern Power Administration, Docket MG96–17, 000, El Paso Natural Chair regarding Senior Executive U.S. Department of Energy, P.O. Box Gas Company CAG–27. Service performance bonuses, awards 1619, Tulsa, Oklahoma 74101. Docket# CP87–92, 009, Texas Eastern and performance-related activities. FOR FURTHER INFORMATION CONTACT: Mr. Transmission Corporation Section 4314(c) of Title 5, United Forrest E. Reeves, Assistant CAG–28. States Code requires that notices of Administrator, Office of Corporate Docket# CP96–35, 001, Steuben Gas appointment of Performance Review Operations, Southwestern Power Storage Company Board members be published in the # Administration, U.S. Department of Other S CP96–35, 002, Steuben Gas Federal Register. The following persons Energy, P.O. Box 1619, Tulsa, Oklahoma Storage Company have been appointed to serve on the CAG–29. 74101, (918) 595–6696. Docket# CP96–226, 001, Transcontinental Performance Review Board standing SUPPLEMENTARY INFORMATION: The U.S. Gas Pipe Line Corporation register for the Federal Energy Department of Energy was created by an Other#S CP96–238, 001, Transcontinental Regulatory Commission: Act of the U.S. Congress, Department of Gas Pipe Line Corporation and National John H. Clements Energy Organization Act, Public Law Fuel Gas Supply Corporation J. Steven Herod 95–91, dated August 4, 1977, and CAG–30. Docket# CP96–221, 000, Florida Gas Kevin P. Madden Southwestern’s power marketing Transmission Company Christie L. McGue activities were transferred from the CAG–31. Richard P. O’Neill Department of the Interior to the Docket# CP77–193, 002, Northern Natural Rebecca F. Schaffer Department of Energy, effective October Gas Company Susan Tomasky 1, 1977. CAG–32. Lois D. Cashell, Southwestern markets power from 24 Omitted Secretary. multiple-purpose reservoir projects with CAG–33. # [FR Doc. 96–26254 Filed 10–11–96; 8:45 am] power facilities constructed and Docket CP96–544, 000, Pacific Interstate operated by the U.S. Army Corps of Transmission Company BILLING CODE 6717±01±M CAG–34. Engineers. These projects are located in Omitted the States of Arkansas, Missouri, CAG–35. Southwestern Power Administration Oklahoma and Texas. Southwestern’s Docket# CP95–565, 003, Equitrans, Inc. marketing area includes these states Other#S CP95–565, 002, Equitrans, Inc. Proposed Rate Design Development; plus Kansas and Louisiana. Of the total, CAG–36. Notice of Opportunities for Public 22 projects comprise an Integrated # Docket CP96–770, 000, Coastal States Gas Comment System rate and are interconnected Transmission Company through Southwestern’s transmission AGENCY: Hydro Agenda Southwestern Power system and exchange agreements with Administration, DOE. H–1. other utilities. The Sam Rayburn Dam Reserved SUMMARY: The Administrator, project, located in eastern Texas, is not Southwestern Power Administration interconnected with Southwestern’s Electric Agenda (Southwestern), is requesting public Integrated System hydraulically, E–1. input for consideration during a review electrically, or financially. Instead, the Reserved of the current Integrated System rate power produced by the Sam Rayburn Oil and Gas Agenda design. Any rate design changes Dam project is marketed by ultimately resulting from this review are I. Pipeline Rate Matters Southwestern as an isolated project expected to address the requirements under a contract through which the PR–1. and intent of the Federal Energy customer purchases the entire power Reserved Regulatory Commission’s (FERC) Rule output of the project at the dam. The II. Pipeline Certificate Matters 888 on Open Access Transmission Robert D. Willis project, located on the PC–1. Services and the Department of Energy’s Neches River downstream from the Sam Reserved Open Access Transmission Policy Rayburn Dam, consists of two 4,000 Dated: October 9, 1996. setting forth the requirement to publish kilowatt hydroelectric generating units. open access wholesale transmission Lois D. Cashell, It, like the Sam Rayburn Dam project, is tariffs, including ancillary services. marketed as an isolated project under a Secretary. During this process, Southwestern is [FR Doc. 96–26538 Filed 10–10–96; 3:44 pm] contract through which the customer, seeking comments on recommended Sam Rayburn Municipal Power Agency, BILLING CODE 6717±01±M alternatives to achieving full cost receives the entire output of the project recovery through an effective rate design as a result of funding the construction process. Establishment of Performance Review of the hydroelectric facilities at the Board: Names of Board Members DATES: A Public Forum has been project. A special rate is developed for scheduled for 1:00 p.m. (c.s.t), October the entire output of each project based October 8, 1996. 29, 1996, at Southwestern’s offices on its isolated condition. Section 4314(c) of Title 5, United located in Tulsa, Oklahoma. Written Following Department of Energy States Code requires that the Federal comments are due on or before guidance in its response to FERC’s April Energy Regulatory Commission (FERC) December 13, 1996. Southwestern is 24, 1996, Order No. 888 (Promoting establish one or more Performance conducting a public notice and Wholesale Competition Through Open Review Boards to review, evaluate, and comment period to seek input related to Access Non-Discriminatory make final recommendations on alternative approaches to designing Transmission Services by Public performance appraisals assigned to cost-based transmission and generation Utilities), Southwestern is reviewing its members of the Senior Executive rates and ancillary services. rate design structure to ensure Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53733 compliance with the intent of Order 888 Issued in Tulsa, Oklahoma, this 7th day of Form No.: N/A. for open access wholesale electric October 1996. Type of Review: Revision to existing transmission rates. Francis R. Gajan, collection. A Public Forum is scheduled to be Acting Administrator. Respondents: Not-for-profit held at 1:00 p.m., central standard time [FR Doc. 96–26310 Filed 10–11–96; 8:45 am] institutions; Business or other for-profit; (c.s.t.) Tuesday, October 29, 1996, in BILLING CODE 6450±01±P Small businesses and organizations. Southwestern’s offices, room 1402, Number of Respondents: 25. Williams Center Tower 1, One West Estimated Time per Response: 10 Third Street, Tulsa, Oklahoma. The hours. FEDERAL COMMUNICATIONS Total Annual Burden: 2500 hours. Forum is being held to explain the goals COMMISSION Estimated Cost per Respondent: Based of the rate design review process and on the assumption that applicants will identify areas of specific concern or Notice of Public Information hire outside counsel at an approximate interest to customers and other parties. Collections being Reviewed by the cost of $150 per hour, it is estimated The Forum will also seek comments and Federal Communications Commission that the cost per submission will be opinions regarding potential approaches October 7, 1996. $150,000.00. to the rate design of ancillary services Needs and Uses: On January 19, 1996, SUMMARY: The Federal Communications and the unbundling of the generation the Commission adopted a Report and and transmission rates. The Forum will Commission, as part of its continuing effort to reduce paperwork burden Order revising its rules and policies be conducted by a chairman who will be regarding satellite space and earth invites the general public and other responsible for orderly procedure. station licensing. Amendment of the Federal agencies to take this Questions or comments concerning Commission’s Regulatory Policies opportunity to comment on the potential rate development structures Governing Domestic Fixed Satellite and following information collection, as presented at the forum may be Separate International Satellite Systems, required by the Paperwork Reduction submitted from interested persons and IB Docket No. 95–41, 61 FR 9946 (March Act of 1995, Public Law 104–13. An will be answered, to the extent possible, 12, 1996). The Commission sought agency may not conduct or sponsor a at the forum. Questions not answered at emergency approval of this voluntary collection of information unless it the Forum will be answered in writing, collection, OMB Number 0380–0343, at displays a currently valid control except the questions involving 61 FR 37896 (July 22, 1996). The number. No person shall be subject to voluminous data contained in revisions to this information collection any penalty for failing to comply with Southwestern’s records may best be will permit all U.S.-licensed satellite a collection of information subject to the answered by consultation and review of operators to provide both domestic and Paperwork Reduction Act (PRA) that pertinent records at Southwestern’s international service via U.S.-licensed does not display a valid control number. offices. facilities. The revisions adopted in the Comments are requested concerning (a) A transcript of the Public Forum will Report and Order removes all reference whether the proposed collection of be made. Copies of the transcript may be to ‘‘domestic’’ in Section 25.140 of the information is necessary for the proper obtained from the transcribing service. rules, 47 CFR 25.140. A one-step performance of the functions of the Copies of all documents introduced at financial showing policy was adopted Commission, including whether the the Forum will be available as part of which broadly applies the existing information shall have practical utility; the transcript from the transcribing policy to all applicants for space station (b) the accuracy of the Commission’s service, for a fee. facilities. Exceptions to the one-step burden estimate; (c) ways to enhance An interested parties list will be showing may be granted upon the quality, utility, and clarify the developed for those parties that are appropriate request by applicants information collected; and (d) ways to unable to attend the Public Forum, but seeking authority to operate in an minimize the burden of the collection of would like to receive any mailings uncongested portion of the orbital arc. information on the respondents, regarding this issue in the future. Please Applicants with pending applications including the use of automated provide mailing information to Mr. for separate systems authorizations will collection techniques or other forms of Forrest E. Reeves at the above address. be afforded time to bring their information technology. Also, to further ensure an applications into conformance with the understanding of the information DATES: Persons wishing to comment on one-step financial showing policy or to furnished at the Forum, a Technical this information collection should request authority for processing under Conference will be convened before the submit comments by December 16, the existing two-step policy. end of February 1997. The purpose of 1996. The collections of information this Conference will be to review the ADDRESSES: Direct all comments to contained in Part 25 are used by comments and encourage discussions to Dorothy Conway, Federal Commission staff in carrying out its help narrow the rate design alternatives Communications Commission, Room duties as set forth in Section 308 and to those that will best address 234, 1919 M St., N.W., Washington, DC 309 of the Communications Act of 1934, Southwestern’s goal to provide the 20554 or via internet to as amended, 47 U.S.C. Section 308 and lowest possible rates consistent with [email protected]. 309, to determine the technical, legal sound business principles and still FOR FURTHER INFORMATION CONTACT: For and other qualifications of an applicant achieve full cost recovery for the additional information or copies of the to operate a satellite space station. The services provided, while meeting the information collections contact Dorothy one-step financial showings, including intent of Rule 888. Following this Conway at 202–418–0217 or via internet amendments to pending applications conference, Southwestern will complete at [email protected]. filed under this policy, will be used by its rate and repayment process and the Commission to determine whether develop rate schedules for the Integrated SUPPLEMENTARY INFORMATION: applicants are qualified to construct, System based on the rate design OMB Approval Number: 3060–0343. launch and operate satellite space information developed as a result of this Title: Section 25.140—Qualifications station facilities in order to provide public participation process. of Satellite Space Station Licensees. timely service to the public. The 53734 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices information collected is used to consultations will be used by the Washington, DC 20503 or determine whether the public interest, Commission to verify that licensees are [email protected]. convenience and necessity will be fully coordinated with other users in the FOR FURTHER INFORMATION CONTACT: For served, in accordance with Section 309 band. The information collected is used additional information or copies of the of the Communications Act of 1934, as to determine whether the public information collections contact Dorothy amended, 47 USC 309. interest, convenience and necessity will Conway at 202–418–0217 or via internet OMB Approval Number: 3060–0383. be served, in accordance with Section at [email protected]. Title: Part 25—Satellite 309 of the Communications Act of 1934, Communications. as amended, 47 USC 309. SUPPLEMENTARY INFORMATION: Form No.: N/A. Federal Communications Commission. OMB Approval Number: 3060–0390. Type of Review: Revision to existing Title: Broadcast Station Annual collection. William Caton, Acting Secretary. Employment Report. Respondents: Not-for-profit Form No: FCC 395–B. institutions; Business or other for-profit; [FR Doc. 96–26242 Filed 10–11–96; 8:45 am] Type of Review: Revision of an Small businesses and organizations. BILLING CODE 6712±01±P existing collection. Number of Respondents: 2500. Respondents: Business or other for- Estimated Time Per Response: 1.5 profit; State, Local or Tribal Notice of Public Information hours. Governments. Total Annual Burden: 3,750 hours. Collections Submitted to OMB for Number of Respondents: 14,000. Estimated Cost Per Respondent: Based Review and Approval Estimated Time Per Response: .88 on the assumption that applicants will October 9, 1996. hours per report. hire outside counsel at an approximate SUMMARY: The Federal Communications, Total Annual Burden: 12,320 hours. cost of $150 per hour, it is estimated as part of its continuing effort to reduce Estimated Costs Per Respondent: 0. that the cost per submission will be paperwork burden invites the general Needs and Uses: The FCC 395–B is a $450.00. data collection device used to assess Needs and Uses: On January 19, 1996, public and other Federal agencies to take this opportunity to comment on the and enforce the Commission’s EEO the Commission adopted a Report and requirements. It is filed by all AM, FM, Order revising its rules and policies following proposed and/or continuing information collections, as required by TV, international and low power TV regarding satellite space and earth broadcast licensees/permittees. The data station licensing. Amendment of the the Paperwork Reduction Act of 1995, Public Law 104–13. An agency may not is used by FCC staff to monitor a Commission’s Regulatory Policies licensee’s permittee’s efforts to comply Governing Domestic Fixed Stellite and conduct or sponsor a collection of information unless it displays a with the broadcast EEO rules. Separate International Satellite Systems, OMB Approval Number: 3060–0215. IB Docket No. 95–41, 61 FR 9946 (March currently valid control number. No person shall be subject to any penalty Title: Section 73.3527 Local Public 12, 1996). The Commission sought Inspection file of noncommercial emergency approval of this voluntary for failing to comply with a collection of information subject to the Paperwork educational stations. collection, OMB Number 0380–0383, at Form No: N/A. Reduction Act (PRA) that does not 61 FR 37897 (July 22, 1996). Type of Review: Revision of a display a valid control number. The revisions to this information currently approved collection. collection will permit all U.S.-licensed Comments are requested concerning (a) Respondents: Not-for-profit satellite operators to provide both whether the proposed collection of institutions. domestic and international service via information is necessary for the proper Number of Respondents: 2,168 U.S.-licensed facilities without performance of the functions of the noncommercial educational radio and submitting modification applications. In Commission, including whether the televison stations will maintain a public addition, applicants may designate information shall have practical utility; inspection file and 15 noncommercial whether their services will be offered on (b) the accuracy of the Commissions TV stations will elect must-carry status a common carrier or non-common burden estimates; (c) ways to enhance for cable systems that change the carrier basis in the initial application for the quality, utility, and clarity of the number of channels. service. Should their service information collected and (d) ways to Estimated Time Per Response: 104 requirements change, a letter indicating minimize the burden of the collection of hours annually per noncommercial a change in status will be submitted, information on the respondents, education radio and television station rather than an application to modify the including the use of automated maintaining public inspection files; and license. collection techniques or other forms of 1 hour per noncommerical TV station An increase in the Intelsat Article information technology. per statement. XIV(d) consultation submissions may DATES: Written comments should be Total Annual Burden: 225,487 hours. occur as applicants and licensees submitted on or before November 14, Estimated Costs Per Respondent: 0. entering the international service market 1996. If you anticipate that you will be Needs and Uses: Section 73.3527 will be required to consult their submitting comments, but find it requires that each licensee/permittee of operations with Intelsat under Article difficult to do so within the period of a noncommercial broadcast station XIV(d). time allowed by this notice, you should maintain a file for public inspection at The collections of information advise the contact listed below as soon its main studio or at another accessible contained in Part 25 are used by as possible. location in its community of license. Commission staff in carrying out its ADDRESSES: Direct all comments to The contents of the file vary according duties as set forth in Section 308 and Dorothy Conway, Federal to type of service and status. The 309 of the Communications Act of 1934, Communications, Room 234, 1919 M contents include, but are not limited to, as amended, 47 U.S.C. Section 308 and St., N.W., Washington, DC 20554 or via copies of certain applications tendered 309, to determine the technical, legal internet to [email protected] and for filing, a statement concerning and other qualifications of an applicant Timothy Fain, OMB Desk Officer, 10236 petitions to deny filed against such to operate a station. Article XIV(d) NEOB 725 17th Street, N.W., applications, copies of ownership Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53735 reports and annual employment reports, ACTION: Notice. FOR FURTHER INFORMATION CONTACT: statements certifying compliance with Mitchell Berns, Director, Office of SUMMARY: The Financial Institutions filing announcements in connection Supervision, (202) 408–2562, Federal Reform, Recovery, and Enforcement Act with renewal applications, a list of Housing Finance Board, 1777 F Street donors supporting specific programs, of 1989 added a new Section 10(g) to the Federal Home Loan Bank Act of 1932 NW., Washington, DC 20006. A etc. In addition, Section 73.3527(a)(7) telecommunications device for deaf requires that each broadcast licensee of requiring that members of the Federal Home Loan Bank (FHLBank) System persons (TDD) is available at (202) 408– a noncommercial educational station 2579. place in a public inspection file a list of meet standards for community community issues addressed by the investment or service in order to SUPPLEMENTARY INFORMATION: station’s programming. This list is kept maintain continued access to long-term FHLBank System advances. In A. Selection for Community Support on a quarterly basis and contains a brief compliance with this statutory change, Review description of how each issue was the Federal Housing Finance Board treated. This rule also specifies the (Housing Finance Board) promulgated The Housing Finance Board currently length of time, which varies by Community Support regulations (12 reviews all FHLBank System members document type, that each record must CFR Part 936). Under the review process that are subject to CRA approximately be retained in the public file. The data established in the regulations, the once every two years. Approximately is used by the public and FCC to Housing Finance Board will select a one-eighth of the FHLBank members in evaluate information about the certain number of members for review each district will be selected for review licensee’s performance and to ensure each quarter, so that all members that by the Housing Finance Board each that station is addressing issues are subject to the Community calendar quarter. To date, only members concerning the community to which it Reinvestment Act of 1977, 12 U.S.C. that are subject to CRA have been is licensed to serve. 2901 et seq., (CRA), will be reviewed reviewed. In selecting members, the Federal Communications Commission. once every two years. The purpose of Housing Finance Board follows the William F. Caton, this Notice is to announce the names of chronological sequence of the members’ Acting Secretary. the members selected for the third CRA Evaluations post-July 1, 1990, to [FR Doc. 96–26360 Filed 10–11–96; 8:45 am] quarter review (1996–97 cycle) under the greatest extent practicable, selecting BILLING CODE 6712±01±P the regulations. The Notice also conveys one-eighth of each District’s the dates by which members need to membership for review each calendar comply with the Community Support quarter. However, the Housing Finance regulation review requirements and by Board will postpone review of new FEDERAL HOUSING FINANCE BOARD which comments from the public must members until they have been System be received. [No. 96±N±7] members for one year. DATES: Due Date For Member Selection for review is not, nor should Notice of Federal Home Loan Bank Community Support Statements for it be construed as, any indication of Members Selected for Community Members Selected in Third Quarter either the financial condition or Support Review Review: November 29, 1996. Due Date For Public Comments on Community Support performance of the AGENCY: Federal Housing Finance Members Selected in Third Quarter institutions listed. Board. Review: November 29, 1996.

B. List of FHLBank members to be reviewed in the third quarter, grouped by FHLBank District

Member City State

Federal Home Loan Bank of BostonÐDistrict 1, P.O. Box 9106, Boston, Massachusetts 02205±9106

Great Country Bank ...... Ansonia ...... CT Community Savings Bank ...... Bristol ...... CT Collinsville Savings Society ...... Collinsville ...... CT The Bank of Darien ...... Darien ...... CT Guilford Savings Bank ...... Guilford ...... CT First National Bank of Litchfield ...... Litchfield ...... CT First New London S&LA, Inc...... New London ...... CT Fairfield County Savings Bank ...... Norwalk ...... CT Norwich Savings Society ...... Norwich ...... CT Southington Savings Bank ...... Southington ...... CT Tolland Bank ...... Vernon ...... CT Northwest Bank for Savings ...... Winsted ...... CT Abington Savings Bank ...... Abington ...... MA Boston Bank of Commerce ...... Boston ...... MA Massachusetts Company, Inc...... Boston ...... MA Security Federal Savings Bank ...... Brockton ...... MA Canton Institution for Savings, Bank of Canton ...... Canton ...... MA Charlestown Cooperative Bank ...... Charlestown ...... MA Clinton Savings Bank ...... Clinton ...... MA Danvers Savings Bank ...... Danvers ...... MA Lafayette Federal Savings Bank ...... Fall River ...... MA Falmouth Co-operative Bank ...... Falmouth ...... MA 53736 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Member City State

Family Federal Savings, FA ...... Fitchburg ...... MA Florence Savings Bank ...... Florence ...... MA Colonial Co-operative Bank ...... Gardner ...... MA Greenfield Co-operative Bank ...... Greenfield ...... MA United Savings Bank ...... Greenfield ...... MA Hingham Institution for Savings ...... Hingham ...... MA Ipswich Co-operative Bank ...... Ipswich ...... MA Ipswich Savings Bank ...... Ipswich ...... MA Roxbury-Highland Co-operative Bank ...... Jamaica Plain ...... MA Leicester Savings Bank ...... Leicester ...... MA Equitable Co-operative Bank ...... Lynn ...... MA Mansfield Co-operative Bank ...... Mansfield ...... MA Milford Federal Savings and Loan Association ...... Milford ...... MA Orange Savings Bank ...... Orange ...... MA Woronoco Savings Bank ...... Westfield ...... MA Weymouth Savings Bank ...... Weymouth ...... MA Bar Harbor Banking and Trust Company ...... Bar Harbor ...... ME Calais Federal Savings and Loan Association ...... Calais ...... ME Camden National Bank ...... Camden ...... ME Damariscotta Bank and Trust Company ...... Damariscotta ...... ME Franklin Savings Bank ...... Farmington ...... ME Katahdin Trust Company ...... Patten ...... ME Coastal Saving Bank ...... Portland ...... ME Peoples Heritage Savings Bank ...... Portland ...... ME Rockland Savings and Loan Association ...... Rockland ...... ME Berlin City Bank ...... Berlin ...... NH Bow Mills Bank and Trust ...... Bow ...... NH Cornerstone Bank ...... Derry ...... NH Village Bank and Trust ...... Gilford ...... NH Milford Co-op Bank ...... Milford ...... NH New London Trust F.S.B ...... New London ...... NH Newport Federal Savings Bank ...... Newport ...... RI First Vermont Bank and Trust Company ...... Brattleboro ...... VT Merchants Bank ...... Burlington ...... VT Lyndonville Savings Bank and Trust Company ...... Lyndonville ...... VT National Bank of Middlebury ...... Middlebury ...... VT Union Bank ...... Morrisville ...... VT Northfield Savings Bank ...... Northfield ...... VT Franklin-Lamoille Bank St ...... Albans ...... VT

Federal Home Loan Bank of New YorkÐDistrict 2 Seven World Trade Center 22nd Floor New York, New York 10048±1185

Equity National Bank ...... Atco ...... NJ Bogota Savings & Loan Association ...... Bogota ...... NJ Peoples Savings Bank, SLA ...... Bordentown ...... NJ Somerset Savings Bank, SLA ...... Bound Brook ...... NJ Century FS&LA of Bridgeton ...... Bridgeton ...... NJ Colonial Bank, FSB ...... Bridgeton ...... NJ Summit Bank ...... Chatham ...... NJ NVE Savings Bank, S.L.A ...... Englewood ...... NJ Premium Federal Savings Bank ...... Gibbsboro ...... NJ Glen Rock Savings and Loan Association ...... Glen Rock ...... NJ Statewide Savings Bank, SLA ...... Jersey City ...... NJ Kearny Federal Savings Bank ...... Kearny ...... NJ Schuyler Savings Bank, SLA ...... Kearny ...... NJ Lincoln Park Savings and Loan Association ...... Lincoln Park ...... NJ Metuchen Savings Bank ...... Metuchen ...... NJ City National Bank ...... Newark ...... NJ Boiling Springs Savings Bank ...... Rutherford ...... NJ Gloucester County Federal Savings Bank ...... Sewell ...... NJ Sturdy Savings Bank ...... Stone Harbor ...... NJ Roma Federal Savings Bank ...... Trenton ...... NJ South Jersey Savings and Loan Association ...... Turnersville ...... NJ Penn Federal Savings Bank ...... West Orange ...... NJ Westwood Savings Bank ...... Westwood ...... NJ First Financial Savings Bank, SLA ...... Woodbridge ...... NJ Woodstown National Bank and Trust Company ...... Woodstown ...... NJ Evans National Bank ...... Angola ...... NY Elmira Savings Bank, F.S.B ...... Elmira ...... NY Abacus Federal Savings Bank ...... New York ...... NY Chinatown Federal Savings Bank ...... New York ...... NY Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53737

Member City State

Commercial Bank of New York ...... New York ...... NY Independence Savings Bank ...... New York ...... NY Savings Bank of Utica ...... Utica ...... NY Wallkill Valley FS&LA ...... Wallkill ...... NY Doral Federal Savings Bank ...... Catano ...... PR Oriental Bank and Trust ...... Humacao ...... PR

Federal Home Loan Bank of PittsburghÐDistrict 3 601 Grant Street Pittsburgh, Pennsylvania 15219±4455

Altoona First Savings Bank ...... Altoona ...... PA Reeves Bank ...... Beaver Falls ...... PA Bernville Bank, N.A ...... Bernville ...... PA Wilbur Savings & Loan Association ...... Bethlehem ...... PA Bridgeville Savings Bank ...... Bridgeville ...... PA Founders' Bank ...... Bryn Mawr ...... PA Pennsylvania State Bank ...... Camp Hill ...... PA Financial Trust Company ...... Carlisle ...... PA First FS&LA of Carnegie ...... Carnegie ...... PA Coatesville Savings Bank ...... Coatesville ...... PA Slovenian S&LA of Franklin-Conemaugh ...... Conemaugh ...... PA Corry Savings Bank ...... Corry ...... PA First National Community Bank ...... Dunmore ...... PA Halifax National Bank ...... Halifax ...... PA People's N.B. of Susquehanna County ...... Hallstead ...... PA Pennsylvania National Bank & Trust Company ...... Harrisburg ...... PA Frankford Bank, N.A ...... Horsham ...... PA Mauch Chunk Trust Company ...... Jim Thorpe ...... PA First Summit Bank ...... Johnstown ...... PA First National Bank of McConnellsburg ...... McConnellsburg ...... PA Mifflinburg Bank and Trust Company ...... Mifflinburg ...... PA Community Banks, N.A ...... Millersburg ...... PA Union National Mount Joy Bank ...... Mount Joy ...... PA Muncy Bank and Trust Company ...... Muncy ...... PA First Bank of Philadelphia ...... Philadelphia ...... PA Pennsylvania Savings Bank ...... Philadelphia ...... PA Polonia Federal Savings & Loan Association ...... Philadelphia ...... PA United Valley Bank ...... Philadelphia ...... PA Eureka Federal Savings and Loan Association ...... Pittsburgh ...... PA Iron and Glass Bank ...... Pittsburgh ...... PA Pittsburgh Home Savings Bank ...... Pittsburgh ...... PA Slovak Savings Bank ...... Pittsburgh ...... PA United-American Savings Bank ...... Pittsburgh ...... PA Berks County Bank ...... Reading ...... PA Peoples Savings Bank ...... Ridgway ...... PA Century National Bank and Trust Company ...... Rochester ...... PA Merchants Bank of Pennsylvania ...... Shenandoah ...... PA Northwest Savings Bank ...... Warren ...... PA Franklin First Savings Bank ...... Wilkes-Barre ...... PA Northern Central Bank ...... Williamsport ...... PA Peoples State Bank ...... Wyalusing ...... PA Drovers & Mechanics Bank ...... York ...... PA First Capitol Bank ...... York ...... PA York Federal Savings and Loan Association ...... York ...... PA City National Bank ...... Charleston ...... WV One Valley Bank of Clarksburg, NA ...... Clarksburg ...... WV WesBanco Bank Fairmont, Inc ...... Fairmont ...... WV FNB of Hinton ...... Hinton ...... WV Citizens Bank of Morgantown, Inc ...... Morgantown ...... WV One Valley Bank of Morgantown, Inc ...... Morgantown ...... WV First National Bank in Ronceverte ...... Ronceverte ...... WV Advance Financial Savings Bank ...... Wellsburg ...... WV Federal Home Loan Bank of AtlantaÐDistrict 4 P.O. Box 105565 Atlanta, Georgia 30348

Exchange Bank of Alabama ...... Altoona ...... AL Central State Bank ...... Calera ...... AL First FS&LA of Chilton County ...... Clanton ...... AL First Federal Savings and Loan ...... Cullman ...... AL Commercial National Bank of Demopolis ...... Demopolis ...... AL Southland Bank ...... Dothan ...... AL First Federal Savings & Loan Association ...... Gadsden ...... AL 53738 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Member City State

First Bank and Trust ...... Grove Hill ...... AL First National Bank of Hamilton ...... Hamilton ...... AL Headland National Bank ...... Headland ...... AL New South Federal Savings Bank ...... Irondale ...... AL Independent Bank of Oxford ...... Oxford ...... AL Bank of Prattville ...... Prattville ...... AL Citizens' Bank, Inc ...... Robertsdale ...... AL Valley Federal Savings Bank ...... Sheffield ...... AL Slocomb National Bank ...... Slocomb ...... AL First Liberty National Bank ...... Washington ...... DC Riggs Bank, N.A ...... Washington ...... DC First National Bank of Florida-Bonita Springs ...... Bonita Springs ...... FL BankUnited, FSB ...... Coral Gables ...... FL UniBank ...... Coral Gables ...... FL Charter Bank ...... Delray Beach ...... FL BankAtlantic, A FSB ...... Fort Lauderdale ...... FL Natbank, F.S.B ...... Hollywood ...... FL Suncoast Savings and Loan Association ...... Hollywood ...... FL Unifirst Federal Savings Bank ...... Hollywood ...... FL Enterprise National Bank of Jacksonville ...... Jacksonville ...... FL First FS & LA of Florida ...... Lakeland ...... FL Eagle National Bank of Miami ...... Miami ...... FL Kislak National Bank ...... Miami Lakes ...... FL Murdock Florida Bank ...... Murdock ...... FL Mercantile Bank of Naples ...... Naples ...... FL First FSB of New Smyrna ...... New Smyrna Beach ...... FL Metro Savings Bank, FSB ...... Orlando ...... FL First Federal S&LA of Putnam County ...... Palatka ...... FL Pointe Bank ...... Pembroke Pines ...... FL Port St. Lucie National Bank ...... Port St. Lucie ...... FL Huntington National Bank of Florida ...... Sebring ...... FL Anchor Savings Bank ...... St. Petersburg ...... FL Capital City Bank ...... Tallahassee ...... FL Bay Financial Savings Bank, FSB ...... Tampa ...... FL Beneficial Savings Bank, FSB ...... Tampa ...... FL City First Bank ...... Tampa ...... FL Republic Security Bank ...... West Palm Beach ...... FL Bank of Winter Park ...... Winter Park ...... FL Federal Trust Bank, a FSB ...... Winter Park ...... FL Embry National Bank ...... Atlanta ...... GA Summit National Bank ...... Atlanta ...... GA The Prudential Savings Bank, FSB ...... Atlanta ...... GA Georgia Bank and Trust Company of Augusta ...... Augusta ...... GA First Bank of Brunswick ...... Brunswick ...... GA First Georgia Bank ...... Brunswick ...... GA Habersham Bank ...... Cornelia ...... GA Newton Federal Savings & Loan Association ...... Covington ...... GA First National Bank of Coffee County ...... Douglas ...... GA Douglas Federal Bank, a FSB ...... Douglasville ...... GA Colonial Bank ...... Dunwoody ...... GA Elberton FS&LA ...... Elberton ...... GA Citizens Union Bank ...... Greensboro ...... GA Griffin Federal Savings Bank ...... Griffin ...... GA United Bank of Griffin ...... Griffin ...... GA Crescent Bank & Trust Co ...... Jasper ...... GA First National Bank of Baldwin County ...... Milledgeville ...... GA Milton National Bank ...... Roswell ...... GA Farmers & Merchants Bank ...... Statesboro ...... GA Thomaston Federal Savings Bank ...... Thomaston ...... GA Tucker Federal Savings & Loan Association ...... Tucker ...... GA First Federal Savings & Loan Association ...... Valdosta ...... GA Charter FS&LA ...... West Point ...... GA Severn Savings Bank, FSB ...... Annapolis ...... MD Advance Federal Savings & Loan Association ...... Baltimore ...... MD American National Savings Association, F.A ...... Baltimore ...... MD Baltimore American Savings Bank, FSB ...... Baltimore ...... MD Baltimore County Savings Bank, F.S.B ...... Baltimore ...... MD Bohemian American FS&LA, Inc ...... Baltimore ...... MD Fraternity FS&LA ...... Baltimore ...... MD Hamilton FS&LA ...... Baltimore ...... MD Leeds Federal Savings Bank ...... Baltimore ...... MD Madison and Bradford FS&LA, Inc ...... Baltimore ...... MD Saint Casimirs Savings Bank ...... Baltimore ...... MD Presidential Savings Bank, FSB ...... Bethesda ...... MD Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53739

Member City State

Peoples Bank of Elkton ...... Elkton ...... MD Glen Burnie Mutual Savings Bank ...... Glen Burnie ...... MD Eastern Savings Bank, FSB ...... Hunt Valley ...... MD Maryland Federal Savings & Loan Association ...... Hyattsville ...... MD Wyman Park Federal Savings and Loan Assoc ...... Lutherville ...... MD Key Federal Savings Bank ...... Owings Mills ...... MD Enterprise Federal Savings Bank ...... Oxon Hill ...... MD Baltimore Savings and Loan Association, F.A ...... Pikesville ...... MD American Federal Savings Bank ...... Rockville ...... MD First Shore FS&LA ...... Salisbury ...... MD Sykesville Federal Savings Association ...... Sykesville ...... MD Harbor Federal Savings Bank ...... Towson ...... MD Ashburton Federal Savings & Loan Association ...... Westminster ...... MD Equitable Federal Savings Bank ...... Wheaton ...... MD Home Savings Bank, SSB of Eden ...... Eden ...... NC Gaston Federal Savings and Loan Association ...... Gastonia ...... NC High Point Bank and Trust Company ...... High Point ...... NC Old North State Bank ...... King ...... NC First Carolina Federal Savings Bank ...... Kings Mountain ...... NC Scotland Savings Bank, S.S.B ...... Laurinburg ...... NC The Community Bank ...... Pilot Mountain ...... NC Roanoke Valley Savings Bank, SSB ...... Roanoke Rapids ...... NC Centura Bank ...... Rocky Mount ...... NC United Federal Savings Bank ...... Rocky Mount ...... NC First Federal Savings Bank of Moore County ...... Southern Pines ...... NC Haywood Savings Bank, Inc., SSB ...... Waynesville ...... NC Ashe Federal Savings & Loan Association ...... West Jefferson ...... NC Piedmont Federal Savings & Loan Association ...... Winston-Salem ...... NC Perpetual Bank, FSB ...... Anderson ...... SC Colonial Savings Bank of South Carolina, Inc ...... Camden ...... SC First Palmetto Savings Bank, FSB ...... Camden ...... SC Spratt Savings and Loan Association ...... Chester ...... SC Peoples FS&LA of South Carolina ...... Conway ...... SC First Piedmont FS&LA of Gaffney ...... Gaffney ...... SC Greenville National Bank ...... Greenville ...... SC Heritage FS&LA ...... Laurens ...... SC Plantation Federal Savings Bank, Inc ...... Pawleys Island ...... SC Spartanburg National Bank ...... Spartanburg ...... SC Woodruff Federal Savings & Loan Association ...... Woodruff ...... SC Virginia Commerce Bank, N.A ...... Arlington ...... VA Bedford Federal Savings Bank ...... Bedford ...... VA Fredericksburg S&LA, FA ...... Fredericksburg ...... VA Franklin FS&LA of Richmond ...... Glen Allen ...... VA Eastern American Bank, FSB ...... Herndon ...... VA Black Diamond Savings Bank, FSB ...... Norton ...... VA Farmers & Merchants Bank, Eastern Shore ...... Onley ...... VA Shore Savings Bank, F.S.B ...... Onley ...... VA First Federal Savings Bank of Virginia ...... Petersburg ...... VA Southwest Virginia Savings Bank, FSB ...... Roanoke ...... VA Community Federal Savings Bank ...... Staunton ...... VA Southside Bank ...... Tappahannock ...... VA

Federal Home Loan Bank of CincinnatiÐDistrict 5 P.O. Box 598 Cincinnati, Ohio 45201

Bank of Ashland ...... Ashland ...... KY Catlettsburg Federal Savings Bank ...... Catlettsburg ...... KY Citizens Federal Savings and Loan Association ...... Covington ...... KY South Central Bank, F.S.B ...... Edmonton ...... KY Farmers Deposit Bank ...... Flemingsburg ...... KY Peoples Bank of Fleming County ...... Flemingsburg ...... KY State National Bank ...... Frankfort ...... KY First Southern National Bank of Garrard Cty ...... Lancaster ...... KY Citizens Bank and Trust Company ...... Leitchfield ...... KY Peoples Security Bank ...... Louisa ...... KY Commonwealth Bank & Trust Company ...... Louisville ...... KY Republic Bank & Trust Company ...... Louisville ...... KY First Southern National Bank of Wayne County ...... Monticello ...... KY First FS&LA of Morehead ...... Morehead ...... KY Exchange Bank of Kentucky ...... Mount Sterling ...... KY Montgomery & Traders Bank & Trust Co ...... Mount Sterling ...... KY Mount Sterling National Bank ...... Mount Sterling ...... KY Commonwealth Bank, F.S.B ...... Mt. Sterling ...... KY 53740 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Member City State

Farmers National Bank ...... Walton ...... KY Farmers National Bank ...... Williamsburg ...... KY Summit Bank ...... Akron ...... OH Belmont Savings Bank ...... Bellaire ...... OH Citizens National Bank ...... Bluffton ...... OH First Federal Bank ...... Bowling Green ...... OH First FS&LA of Bucyrus ...... Bucyrus ...... OH First Federal Savings and Loan Association ...... Centerburg ...... OH BenchMark Federal Savings Bank ...... Cincinnati ...... OH Columbia Savings Bank ...... Cincinnati ...... OH Franklin Savings and Loan Company ...... Cincinnati ...... OH North Cincinnati Savings Bank ...... Cincinnati ...... OH Oak Hills Savings & Loan Company, F.A ...... Cincinnati ...... OH Suburban Federal Savings Bank ...... Cincinnati ...... OH Warsaw Federal Savings and Loan Association ...... Cincinnati ...... OH Charter One Bank, F.S.B ...... Cleveland ...... OH Third FS&LA of Cleveland ...... Cleveland ...... OH State Savings Bank ...... Columbus ...... OH Midwest Savings Bank ...... DeGraff ...... OH Hicksville Building Loan and Savings Company ...... Hicksville ...... OH Merchants National Bank ...... Hillsboro ...... OH NCB Savings Bank, FSB ...... Hillsboro ...... OH First Federal Savings Bank of Kent ...... Kent ...... OH Home Savings Bank ...... Kent ...... OH Home Savings and Loan Company of Kenton ...... Kenton ...... OH Kenwood Savings and Loan Association ...... Kenwood ...... OH First FS&LA of Lakewood ...... Lakewood ...... OH Fairfield Federal Savings & Loan Association ...... Lancaster ...... OH First National Bank ...... Lebanon ...... OH Leesburg FS&LA ...... Leesburg ...... OH First-Knox National Bank ...... Mount Vernon ...... OH Market Building and Saving Company ...... Mt. Healthy ...... OH New Carlisle Federal Savings Bank ...... New Carlisle ...... OH Park National Bank ...... Newark ...... OH Home FS&LA of Niles ...... Niles ...... OH Fidelity Federal Savings Bank ...... Norwood ...... OH First Savings & Loan Association ...... Norwood ...... OH Third Savings and Loan Company ...... Piqua ...... OH American Savings Bank ...... Portsmouth ...... OH Republic Savings Bank ...... Richmond Heights ...... OH Home City FS&LA ...... Springfield ...... OH Belmont National Bank ...... St. Clairsville ...... OH Perpetual Federal Savings Bank of Urbana ...... Urbana ...... OH First FS&LA of Warren ...... Warren ...... OH First Federal Savings Bank ...... Washington C.H...... OH Jefferson Savings Bank ...... West Jefferson ...... OH Milton Federal Savings Bank ...... West Milton ...... OH Liberty Savings Bank, FSB ...... Wilmington ...... OH Bank of Alamo ...... Alamo ...... TN Bank of Crockett ...... Bells ...... TN Peoples Bank ...... Dickson ...... TN Chester County Bank ...... Henderson ...... TN First Bank of East Tennessee, N.A ...... La Follette ...... TN Wilson Bank and Trust ...... Lebanon ...... TN First National Bank of Cumberlands ...... Livingston ...... TN Citizens Bank ...... New Tazewell ...... TN Newport Federal Savings and Loan Association ...... Newport ...... TN Citizens National Bank ...... Sevierville ...... TN

Federal Home Loan Bank of IndianapolisÐDistrict 6 P.O. Box 60 Indianapolis, Indiana 46205±0060

Boonville Federal Savings Bank ...... Boonville ...... IN First State Bank ...... Brazil ...... IN Riddell National Bank ...... Brazil ...... IN Union Savings and Loan Association ...... Connersville ...... IN Union FS&LA of Crawfordsville ...... Crawfordsville ...... IN First Federal Savings Bank ...... Evansville ...... IN Citizens Savings Bank ...... Frankfort ...... IN First Citizens Bank and Trust Company ...... Greencastle ...... IN City Savings Bank ...... Hartford City ...... IN Kentland Bank ...... Kentland ...... IN Indiana Community Bank, SB ...... Lebanon ...... IN Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53741

Member City State

Logansport Savings Bank, FSB ...... Logansport ...... IN Home Bank, S.B ...... Martinsville ...... IN Community Bank, FSB ...... Michigan City ...... IN Peoples Bank SB ...... Munster ...... IN First Bank Richmond, S.B ...... Richmond ...... IN Mid-Southern Savings Bank ...... Salem ...... IN Owen County Bank, S.B ...... Spencer ...... IN Citizens Bank of Western Indiana ...... Terre Haute ...... IN Liberty Savings Association, F.A ...... Whiting ...... IN Homestead Savings Bank, FSB ...... Albion ...... MI Commercial Bank ...... Alma ...... MI LaSalle Federal Savings Bank ...... Buchanan ...... MI Branch County FS&LA ...... Coldwater ...... MI FMB-State Savings Bank ...... Lowell ...... MI MFC First National Bank ...... Marquette ...... MI Marshall Savings Bank, FSB ...... Marshall ...... MI New Buffalo Savings Bank ...... New Buffalo ...... MI Thumb National Bank and Trust ...... Pigeon ...... MI Citizens Federal Savings Bank ...... Port Huron ...... MI Dent County Bank ...... Salem ...... MI First National Bank of Three Rivers ...... Three Rivers ...... MI First National Bank of Wakefield ...... Wakefield ...... MI

Federal Home Loan Bank of ChicagoÐDistrict 7 East Wacker Drive Suite 700 Chicago, Illinois 60601

Batavia Savings Bank, FSB ...... Batavia ...... IL Farmers State Bank of Beecher ...... Beecher ...... IL Midwest Savings Bank ...... Bolingbrook ...... IL First National Bank in Carlyle ...... Carlyle ...... IL Centralia Savings Bank ...... Centralia ...... IL BankIllinois ...... Champaign ...... IL Bank Champaign, N.A ...... Chicago ...... IL Illinois Service FS&LA ...... Chicago ...... IL Liberty Federal Bank for Savings ...... Chicago ...... IL Mid Town Bank and Trust Co. of Chicago ...... Chicago ...... IL New Asia Bank ...... Chicago ...... IL North Federal Savings Bank ...... Chicago ...... IL Northwestern Savings Bank ...... Chicago ...... IL Preferred Savings Bank ...... Chicago ...... IL Pulaski Savings Bank ...... Chicago ...... IL South Central Bank and Trust Company ...... Chicago ...... IL Washington Federal Bank for Savings ...... Chicago ...... IL Family Federal Savings of Illinois ...... Cicero ...... IL West Town Savings Bank ...... Cicero ...... IL Home FS & LA of Elgin ...... Elgin ...... IL Galena State Bank and Trust Company ...... Galena ...... IL Highland Savings and Loan Association ...... Highland ...... IL Hinsdale Federal Bank for Savings ...... Hinsdale ...... IL Lawrenceville FS&LA ...... Lawrenceville ...... IL Fairfield Savings and Loan Association ...... Long Grove ...... IL Omni Bank ...... Macomb ...... IL McHenry Savings Bank ...... McHenry ...... IL City National Bank ...... Metropolis ...... IL MidAmerica Bank, N.A ...... Moline ...... IL Wabash Savings Bank ...... Mt. Carmel ...... IL The Farmers Bank ...... Mt. Pulaski ...... IL Hawthorn Bank ...... Mundelein ...... IL Regency Savings Bank, FSB ...... Naperville ...... IL Superior Bank FSB ...... Oakbrook Terrace ...... IL Financial Federal Trust and Savings Bank ...... Olympia Fields ...... IL Herget National Bank of Pekin ...... Pekin ...... IL Pekin Savings, S.B ...... Pekin ...... IL Peru Federal Savings and Loan Association ...... Peru ...... IL National Bank of Petersburg ...... Petersburg ...... IL First National Bank of Raymond ...... Raymond ...... IL HomeBanc, fsb ...... Rockford ...... IL Citizens State Bank of Shipman ...... Shipman ...... IL Illini Bank ...... Springfield ...... IL Town & Country Bank of Springfield ...... Springfield ...... IL Union Bank of Illinois ...... Swansea ...... IL Tremont Savings Bank ...... Tremont ...... IL 53742 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Member City State

Tuscola National Bank ...... Tuscola ...... IL Northwest Savings Bank ...... Amery ...... WI First National Bank of Baldwin ...... Baldwin ...... WI Banner Banks ...... Birnamwood ...... WI Boscobel State Bank ...... Boscobel ...... WI North Shore Bank, FSB ...... Brookfield ...... WI First American Bank and Trust Company ...... Fort Atkinson ...... WI Greenleaf Wayside Bank ...... Greenleaf ...... WI Security State Bank ...... Iron River ...... WI Greenswood State Bank ...... Lake Mills ...... WI State Bank of Lodi ...... Lodi ...... WI Anchor Bank, S.S.B ...... Madison ...... WI The Home Savings Bank ...... Madison ...... WI Peoples State Bank ...... Mazomanie ...... WI Milton Savings and Loan Association ...... Milton ...... WI Maritime Savings Bank ...... Milwaukee ...... WI Mutual Savings Bank ...... Milwaukee ...... WI Associated Bank, N.A ...... Neenah ...... WI Fox Cities Bank, F.S.B ...... Neenah ...... WI Oshkosh Savings Bank, f.s.b ...... Oshkosh ...... WI State Bank of Random Lake ...... Random Lake ...... WI Reedsburg Bank ...... Reedsburg ...... WI Dairy State Bank ...... Rice Lake ...... WI South Milwaukee Savings Bank ...... South Milwaukee ...... WI Superior Savings Bank ...... Superior ...... WI West Bend Savings Bank ...... West Bend ...... WI First Citizens Bank of Whitewater ...... Whitewater ...... WI

Federal Home Loan Bank of Des MoinesÐDistrict 8 907 Walnut Street Des Moines, Iowa 50309

First State Bank ...... Brunsville ...... IA Perpetual Savings Bank, F.S.B ...... Cedar Rapids ...... IA Dubuque Bank and Trust Company ...... Dubuque ...... IA Firstar Bank, FSB ...... Dubuque ...... IA First National Bank in Fairfield ...... Fairfield ...... IA First Federal Savings Bank of Fort Dodge ...... Fort Dodge ...... IA Farmers State Savings Bank ...... Independence ...... IA State Central Bank ...... Keokuk ...... IA Lisbon Bank and Trust Company ...... Lisbon ...... IA Security Bank ...... Marshalltown ...... IA Farmers State Bank ...... Merrill ...... IA State Bank ...... Spirit Lake ...... IA First State Bank ...... Sumner ...... IA Community State Bank ...... Tipton ...... IA Webster City Federal Savings Bank ...... Webster City ...... IA Citizens State Bank ...... Wyoming ...... IA First American Bank of Alexandria ...... Alexandria ...... MN First National Bank of Bertha-Verndale ...... Bertha ...... MN Credit America Savings ...... Brainerd ...... MN First National Bank of Deerwood ...... Deerwood ...... MN American Federal Savings Bank ...... East Grand Forks ...... MN Community First National Bank ...... Fergus Falls ...... MN Harmony State Bank ...... Harmony ...... MN United Prairie BankÐJackson ...... Jackson ...... MN Lake Elmo Bank ...... Lake Elmo ...... MN Community FS&LA ...... Little Falls ...... MN First Federal Savings Bank ...... Morris ...... MN Community National Bank ...... North Branch ...... MN Northwoods Bank of Minnesota ...... Park Rapids ...... MN Pelican Valley State Bank ...... Pelican Rapids ...... MN Pine City State Bank ...... Pine City ...... MN Farmers Independent Bank ...... Russell ...... MN First National Bank ...... Thief River Falls ...... MN Investors Savings Bank, FSB ...... Wayzata ...... MN Winona National and Savings Bank ...... Winona ...... MN Community First National Bank ...... Worthington ...... MN O'Bannon Banking Company ...... Buffalo ...... MO South East Missouri Bank ...... Cape Girardeau ...... MO Union Planters Bank of Southeast Missouri ...... Cape Girardeau ...... MO The Farmers Bank ...... Carrollton ...... MO Joachim Savings and Loan Association ...... DeSoto ...... MO Rockwood Bank ...... Eureka ...... MO Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53743

Member City State

Fulton Savings Bank ...... Fulton ...... MO Bank of Hayti ...... Hayti ...... MO Mutual Savings Bank, f.s.b ...... Jefferson City ...... MO Blue Ridge Bank and Trust Company ...... Kansas City ...... MO Boatmen's First National Bank of Kansas City ...... Kansas City ...... MO Bank of Kimberling City ...... Kimberling City ...... MO First National Bank ...... Lamar ...... MO First Savings Bank, f.s.b ...... Mt. Vernon ...... MO Neosho Savings and Loan Association, F.A ...... Neosho ...... MO Bank of New Madrid ...... New Madrid ...... MO Peoples Bank of the Ozarks ...... Nixa ...... MO Charter 1 Bank ...... Owensville ...... MO Belgrade State Bank ...... Potosi ...... MO Peoples Savings Bank of Rhineland ...... Rhineland ...... MO Progressive Ozark Bank, fsb ...... Salem ...... MO First National Bank of Sarcoxie ...... Sarcoxie ...... MO Union Planters Bank of Sikeston ...... Sikeston ...... MO Central West End Bank, A FSB ...... St. Louis ...... MO Missouri State Bank and Trust Company ...... St. Louis ...... MO Reliance FS&LA of St. Louis County ...... St. Louis ...... MO South Side National Bank in St. Louis ...... St. Louis ...... MO First Financial Bank of Ste. Genevieve ...... Ste. Genevieve ...... MO Bank of Thayer ...... Thayer ...... MO Citizens State Bank of Pembina County ...... Cavalier ...... ND Community First National Bank & Trust Co ...... Dickinson ...... ND First State Bank Langdon ...... Langdon ...... ND Valley Bank, N.A ...... Elk Point ...... SD Dakota State Bank ...... Milbank ...... SD CorTrust Bank ...... Mitchell ...... SD Farmers and Merchants State Bank ...... Plankinton ...... SD First PREMIER Bank ...... Sioux Falls ...... SD First Western Bank Sturgis ...... Sturgis ...... SD

Federal Home Loan Bank of DallasÐDistrict 9 P.O. Box 619026 Dallas/Forth Worth, Texas 75261±9026

Elk Horn Bank and Trust Company ...... Arkadelphia ...... AR Charter State Bank ...... Beebe ...... AR Benton Savings and Loan Association ...... Benton ...... AR First National Bank of Howard County ...... Dierks ...... AR Planters and Merchants Bank ...... Gillett ...... AR Calhoun County Bank ...... Hampton ...... AR Pulaski Bank and Trust Company ...... Little Rock ...... AR Farmers Bank and Trust Company ...... Magnolia ...... AR Union Bank and Trust Company ...... Monticello ...... AR Newport Federal Savings and Loan Association ...... Newport ...... AR River Valley Savings Bank, FSB ...... Ozark ...... AR United Bank ...... Springdale ...... AR Farmers and Merchants Bank ...... Stuttgart ...... AR First FS&LA of Texarkana ...... Texarkana ...... AR Abbeville Building and Loan, a SCSB ...... Abbeville ...... LA Community Trust Bank ...... Choudrant ...... LA Crowley Building and Loan Association ...... Crowley ...... LA Jefferson Federal Savings Bank ...... Gretna ...... LA Bank of LaPlace ...... LaPlace ...... LA Bank of Logansport ...... Logansport ...... LA Iberia Savings Bank ...... New Iberia ...... LA Fidelity Homestead Association ...... New Orleans ...... LA West Carroll National Bank of Oak Grove ...... Oak Grove ...... LA Iberville Building & Loan Association ...... Plaquemine ...... LA Bank of Zachary ...... Zachary ...... LA National Bank of Commerce of Corinth ...... Corinth ...... MS Grand Bank for Savings, FSB ...... Leakesville ...... MS Merchants and Farmers Bank ...... Macon ...... MS First Federal Savings and Loan ...... Pascagoula ...... MS Union Savings Bank ...... Albuquerque ...... NM Western Bank of Clovis ...... Clovis ...... NM Gallup Federal Savings Bank ...... Gallup ...... NM Citizens Bank of Las Cruces ...... Las Cruces ...... NM Bank of Las Vegas ...... Las Vegas ...... NM Bank of Santa Fe ...... Santa Fe ...... NM Century Bank, FSB ...... Santa Fe ...... NM Lamar Bank ...... Beaumont ...... TX 53744 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Member City State

First National Bank of Carthage ...... Carthage ...... TX Shelby Savings Bank, SSB ...... Center ...... TX Nueces National Bank ...... Corpus Christi ...... TX First National Bank of Crockett ...... Crockett ...... TX First National Bank in Dalhart ...... Dalhart ...... TX Inwood National Bank ...... Dallas ...... TX First State Bank of Texas ...... Denton ...... TX Bank of South Texas ...... Floresville ...... TX Pioneer National Bank ...... Fredericksburgh ...... TX Henderson Federal Savings Association ...... Henderson ...... TX Coastal Bank ssb ...... Houston ...... TX First Heights Bank, fsb ...... Houston ...... TX Guardian Savings & Loan Association ...... Houston ...... TX Navigation Bank ...... Houston ...... TX Riverway Bank ...... Houston ...... TX University State Bank ...... Houston ...... TX Community State Bank ...... Iola ...... TX Bayshore National Bank of La Porte ...... La Porte ...... TX Spring Hill State Bank ...... Longview ...... TX Angelina Savings Bank ...... Lufkin ...... TX First National Bank of Palestine ...... Palestine ...... TX Olympic Savings Association ...... Refugio ...... TX Canyon Creek National Bank ...... Richardson ...... TX First State Bank ...... Stratford ...... TX Sulphur Springs State Bank ...... Sulphur Springs ...... TX First State Bank ...... Temple ...... TX First FS&LA of Tyler ...... Tyler ...... TX Fidelity Bank, N.A ...... University Park ...... TX First National Bank of Weatherford ...... Weatherford ...... TX

Federal Home Loan Bank of TopekaÐDistrict 10 P.O. Box 176 Topeka, Kansas 66601

Pitkin County Bank and Trust Company ...... Aspen ...... CO Aurora National Bank ...... Aurora ...... CO Valley Bank ...... Brighton ...... CO First National Bank of Canon City ...... Canon City ...... CO Vectra BankÐDenver ...... Denver ...... CO Burns National Bank of Durango ...... Durango ...... CO First National Bank of Durango ...... Durango ...... CO First National Bank of Flagler ...... Flagler ...... CO Morgan County Federal S&L Association ...... Fort Morgan ...... CO First National Bank in Lamar ...... Lamar ...... CO Colorado Federal Savings Bank ...... Sterling ...... CO Citizens National Bank of Fort Scott ...... Fort Scott ...... KS Central Bank and Trust Company ...... Hutchinson ...... KS Inter-State FS&LA ...... Kansas City ...... KS State Bank of Kingman ...... Kingman ...... KS Citizens Savings & Loan Association, F.S.B ...... Leavenworth ...... KS First Savings Bank, F.S.B ...... Manhattan ...... KS First State Bank ...... Norton ...... KS First FS&LA of Olathe ...... Olathe ...... KS First National Bank and Trust ...... Osawatomie ...... KS Roxbury Bank ...... Roxbury ...... KS Columbian National Bank and Trust ...... Topeka ...... KS Cedar Security Bank ...... Fordyce ...... NE First Federal Lincoln BankÐIowa ...... Lincoln ...... NE Commercial Federal Bank, a FSB ...... Omaha ...... NE Security National Bank of Omaha ...... Omaha ...... NE Pinnacle Bank ...... Papillion ...... NE Stockmens National Bank ...... Rushville ...... NE The First National Bank of Stromsburg ...... Stromsburg ...... NE Lancaster County Bank ...... Waverly ...... NE Wymore State Bank ...... Wymore ...... NE First National Bank & Trust Company ...... Ardmore ...... OK Republic Bank of Norman ...... Norman ...... OK Northwest Bank and Trust Company ...... Oklahoma City ...... OK UMB Oklahoma Bank ...... Oklahoma City ...... OK Lakeside State Bank ...... Oologah ...... OK First American Bank and Trust Company ...... Purcell ...... OK First National Bank of Oklahoma ...... Tonkawa ...... OK Arvest Savings Bank, FSB ...... Tulsa ...... OK State Bank and Trust, N.A ...... Tulsa ...... OK Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53745

Member City State

Federal Home Loan Bank of San FranciscoÐDistrict 11 307 East Chapman Avenue Orange, California 92666

Bank of Stockdale ...... Bakersfield ...... CA Fremont Bank ...... Fremont ...... CA Fidelity Federal Bank, FSB ...... Glendale ...... CA Brentwood Bank of California ...... Los Angeles ...... CA First Global Bank, FSB ...... Los Angeles ...... CA U.S. Trust Company Bank of California, N.A ...... Los Angeles ...... CA Westcoast Savings and Loan Association ...... Marina Del Rey ...... CA Vintage Bank ...... Napa ...... CA United Labor Bank, FSB ...... Oakland ...... CA World Savings and Loan Association ...... Oakland ...... CA Palm Desert National Bank ...... Palm Desert ...... CA Malaga Bank, SSB ...... Palos Verdes Estates ...... CA Pomona First Federal Bank and Trust ...... Pomona ...... CA De Anza National Bank ...... Riverside ...... CA Summit Savings, FSB ...... Rohnert Park ...... CA Watsonville Federal Savings and Loan ...... Salinas ...... CA California Savings & Loan, A FA ...... San Francisco ...... CA Commercial Bank of San Francisco ...... San Francisco ...... CA Norwest Bank of Nevada, FSB ...... Reno ...... NV

Federal Home Loan Bank of SeattleÐDistrict 12 1501 Fourth Avenue Seattle, Washington 98101±1693

Northrim Bank ...... Anchorage ...... AK Guam Savings and Loan Association ...... Agana ...... GU Finance Factors, Limited ...... Honolulu ...... HI Ireland Bank ...... Malad ...... ID First Federal Savings Bank ...... Twin Falls ...... ID United Bank of Absarokee, N.A ...... Absarokee ...... MT Pioneer Federal Savings & Loan Association ...... Dillon ...... MT United Savings Bank, F.A ...... Great Falls ...... MT Pacific Continental Bank ...... Eugene ...... OR First FS&LA of McMinnville ...... McMinnville ...... OR Valley Community Bank ...... McMinnville ...... OR The Prineville Bank ...... Prineville ...... OR Douglas National Bank ...... Roseburg ...... OR Bank of American Fork ...... American Fork ...... UT Utah Federal Savings Bank ...... Odgen ...... UT Home Credit Bank ...... Salt Lake City ...... UT Heritage Savings and Loan Association ...... St. George ...... UT American First National Bank ...... Everett ...... WA Bank of Fairfield ...... Fairfield ...... WA Klickitat Valley Bank ...... Goldendale ...... WA Timberland Savings Bank ...... Hoquiam ...... WA Kitsap Bank ...... Port Orchard ...... WA First Savings Bank of Renton ...... Renton ...... WA Continental Savings Bank ...... Seattle ...... WA Washington First International Bank ...... Seattle ...... WA First National Bank of Powell ...... Powell ...... WY

C. Due dates member selected to be reviewed that the E. Notice to public Members selected for review must member has been selected and when the At the same time that the FHLBank submit completed Community Support member must return the completed members selected for review are notified Statements to their FHLBanks no later Community Support Statement. At that of their selection, each FHLBank will than November 29, 1996. time, the FHLBank will provide the also notify community groups and other All public comments concerning the member with a Community Support interested members of the public. Community Support performance of Statement form and written instructions The purpose of this notification will selected members must be submitted to and will offer assistance to the member be to solicit public comment on the the members’ FHLBanks no later than in completing the Statement. The Community Support records of the November 29, 1996. FHLBank will only review Statements FHLBank members pending review. for completeness, as the Housing Any person wishing to submit written D. Notice to members selected Finance Board will conduct the actual comments on the Community Support Within 15 days of this Notice’s review. performance of a FHLBank member publication in the Federal Register, the under review in this quarter should individual FHLBanks will notify each send those comments to the member’s 53746 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

FHLBank by the due date indicated in or to the offices of the Board of presentation would not suffice in lieu of order to be considered in the review Governors. Comments must be received a hearing, identifying specifically any process. not later than October 29, 1996. questions of fact that are in dispute, Dated: October 2, 1996. A. Federal Reserve Bank of San summarizing the evidence that would Francisco (Kenneth R. Binning, be presented at a hearing, and indicating By the Federal Housing Finance Board. Director, Bank Holding Company) 101 how the party commenting would be Rita I. Fair, Market Street, San Francisco, California aggrieved by approval of the proposal. Managing Director. 94105: Unless otherwise noted, nonbanking [FR Doc. 96–25667 Filed 10–11–96; 8:45 am] 1. Robert H. Leshner, Cincinnati, activities will be conducted throughout BILLING CODE 6725±01±P Ohio; to retain a total of 7.96 percent of the United States. the voting shares of Professional Unless otherwise noted, comments Bancorp, Santa Monica, California, and regarding each of these applications FEDERAL MARITIME COMMISSION thereby indirectly acquire First must be received at the Reserve Bank Professional Bank, N.A., Santa Monica, indicated or the offices of the Board of Ocean Freight Forwarder License California. Governors not later than November 8, Applicants Board of Governors of the Federal Reserve 1996. A. Federal Reserve Bank of Notice is hereby given that the System, October 8, 1996. Minneapolis (Karen L. Grandstrand, following applicants have filed with the Jennifer J. Johnson, Vice President) 250 Marquette Avenue, Federal Maritime Commission Deputy Secretary of the Board. Minneapolis, Minnesota 55480: applications for licenses as ocean freight [FR Doc. 96–26263 Filed 10-11-96; 8:45 am] 1. JDOB Inc., Sandstone, Minnesota; forwarders pursuant to section 19 of the BILLING CODE 6210-01-F to acquire 80 percent of the voting Shipping Act of 1984 (46 U.S.C. app. shares of Centennial National Bank, 1718 and 46 CFR Part 510). Walker, Minnesota, a de novo bank. Persons knowing of any reason why Formations of, Acquisitions by, and any of the following applicants should Mergers of Bank Holding Companies Board of Governors of the Federal Reserve System, October 8, 1996. not receive a license are requested to The companies listed in this notice contact the Office of Freight Forwarders, Jennifer J. Johnson have applied to the Board for approval, Deputy Secretary of the Board Federal Maritime Commission, pursuant to the Bank Holding Company [FR Doc. 96–26262 Filed 10-11-96; 8:45 am] Washington, D.C. 20573. Act of 1956 (12 U.S.C. 1841 et seq.) Echo International Freight Forwarding, (BHC Act), Regulation Y (12 CFR Part BILLING CODE 6210-01-F 13027 7th N.W., Seattle, WA 98177. 225), and all other applicable statutes Officers: Lev Shabalov, President, and regulations to become a bank Notice of Proposals to Engage in Ellen Thompson, Sr., Vice President. holding company and/or to acquire the Road Runner International, Inc., 322 Permissible Nonbanking Activities or assets or the ownership of, control of, or to Acquire Companies That are 49th Street, Union City, NJ 07087. the power to vote shares of a bank or Officer: Roberto E. Molina, President/ Engaged in Permissible Nonbanking bank holding company and all of the Activities Director. banks and nonbanking companies Dated: October 8, 1996. owned by the bank holding company, The companies listed in this notice Joseph C. Polking, including the companies listed below. have given notice under section 4 of the Secretary. The applications listed below, as well Bank Holding Company Act (12 U.S.C. as other related filings required by the 1843) (BHC Act) and Regulation [FR Doc. 96–26260 Filed 10–11–96; 8:45 am] Board, are available for immediate Y, (12 CFR Part 225) to engage de novo, BILLING CODE 6730±01±M inspection at the Federal Reserve Bank or to acquire or control voting securities indicated. Once the application has or assets of a company that engages been accepted for processing, it will also either directly or through a subsidiary or FEDERAL RESERVE SYSTEM be available for inspection at the offices other company, in a nonbanking activity of the Board of Governors. Interested Change in Bank Control Notices; that is listed in § 225.25 of Regulation persons may express their views in Acquisitions of Shares of Banks or Y (12 CFR 225.25) or that the Board has writing on the standards enumerated in Bank Holding Companies determined by Order to be closely the BHC Act (12 U.S.C. 1842(c)). If the related to banking and permissible for The notificants listed below have proposal also involves the acquisition of bank holding companies. Unless applied under the Change in Bank a nonbanking company, the review also otherwise noted, these activities will be Control Act (12 U.S.C. 1817(j)) and § includes whether the acquisition of the conducted throughout the United States. 225.41 of the Board’s Regulation Y (12 nonbanking company complies with the Each notice is available for inspection CFR 225.41) to acquire a bank or bank standards in section 4 of the BHC Act, at the Federal Reserve Bank indicated. holding company. The factors that are including whether the acquisition of the Once the notice has been accepted for considered in acting on the notices are nonbanking company can ‘‘reasonably processing, it will also be available for set forth in paragraph 7 of the Act (12 be expected to produce benefits to the inspection at the offices of the Board of U.S.C. 1817(j)(7)). public, such as greater convenience, Governors. Interested persons may The notices are available for increased competition, or gains in express their views in writing on the immediate inspection at the Federal efficiency, that outweigh possible question whether the proposal complies Reserve Bank indicated. Once the adverse effects, such as undue with the standards of section 4 of the notices have been accepted for concentration of resources, decreased or BHC Act, including whether processing, they will also be available unfair competition, conflicts of consummation of the proposal can for inspection at the offices of the Board interests, or unsound banking practices’’ ‘‘reasonably be expected to produce of Governors. Interested persons may (12 U.S.C. 1843). Any request for benefits to the public, such as greater express their views in writing to the a hearing must be accompanied by a convenience, increased competition, or Reserve Bank indicated for that notice statement of the reasons a written gains in efficiency, that outweigh Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53747 possible adverse effects, such as undue Reduction Act of 1995, Public Law 104– SUPPLEMENTARY INFORMATION: AHCPR concentration of resources, decreased or 13 (44 U.S.C. 3507(a)(1)(D)), AHCPR intends to conduct a survey of unfair competition, conflicts of invites the public to comment on this establishments in 1997 to collect interests, or unsound banking practices’’ reinstatement. information from employers concerning (12 U.S.C. 1843). Any request for a In further compliance with the employer-sponsored health insurance. hearing on this question must be Paperwork Reduction Act of 1995 (44 This survey will be an integration of two accompanied by a statement of the U.S.C. 3507(j)(1)(A)(i)), AHCPR has previous surveys, now components of reasons a written presentation would submitted to the OMB a request for MEPS–IC. The two surveys which not suffice in lieu of a hearing, Emergency Review. This review is collected similar information are: identifying specifically any questions of requested because collection of this 1. The 1987 Health Insurance Plans fact that are in dispute, summarizing the information is needed prior to the Survey sponsored by AHCPR’s evidence that would be presented at a expiration of the normal time limits predecessor, the National Center for hearing, and indicating how the party under OMB’s regulations at 5 CFR Health Services Research; and commenting would be aggrieved by 1320.13, in order to allow for the 2. The 1994 National Employer Health approval of the proposal. information collection project: Pretest Insurance Survey sponsored by AHCPR, Unless otherwise noted, comments for the 1997 Medical Expenditure the National Center for Health Statistics regarding the applications must be Survey—Insurance Component (MEPS– (NCHS) and the Health Care Financing received at the Reserve Bank indicated IC). Administration (HCFA). Due to the or the offices of the Board of Governors The pretest was somewhat delayed as integration of these two previous survey not later than October 29, 1996. the Department worked to achieve operations into the MEPS–IC, AHCPR is A. Federal Reserve Bank of efficiencies by consolidating the two updating the questionnaire and data Minneapolis (Karen L. Grandstrand, previous surveys under DHHS’s Survey collection methodology. A data Vice President) 250 Marquette Avenue, Integration Plan. The pretest is now collection pretest is being proposed Minneapolis, Minnesota 55480: underway and it is urgent that it not be using a sample of potential respondents. 1. Norwest Corporation, Minneapolis, interrupted in order to assure the Based upon the results of this test, the Minnesota; to engage de novo, as a joint quality and integrity of the pretest data. AHCPR will develop and refine the final venture, through its subsidiary, Central The MEPS–IC is scheduled to begin in methodology for the 1997 MEPS–IC. Federal Mortgage Company, State April 1997 when employers have Burden Estimates Follow: College, Pennsylvania, in residential information readily available on health Number of Respondents—350. mortgage lending business, pursuant to plans, which are generally offered and Number of Surveys per Respondent— § 225.25(b)(1) of the Board’s Regulation processed on an annual basis. Delays in 1. Y. The co-venturers will be Norwest the pretest results will cause resulting Average Burden/Respondent—.75 Ventures, Inc., Minneapolis, Minnesota delays in the overall MEPS–IC survey, Hours. and Centre Professionals, Inc. d/b/a RE/ which is the only national level effort to Estimated Total Burden—263 Hours. MAX Centre Realty, State College, collect information on the supply of Copies of these data collection plans Pennsylvania. private health insurance available to and instruments can be obtained from Board of Governors of the Federal Reserve American workers, including annual the AHCPR Reports Clearance Officer System, October 8, 1996. premium expenditures, benefits paid, (see above). Jennifer J. Johnson and administrative costs for national Dated: October 7, 1996. Deputy Secretary of the Board health accounts, maintained by HCFA. Clifton R. Gaus, [FR Doc. 96–26264 Filed 10-11-96; 8:45 am] This information, along with that from Administrator. BILLING CODE 6210-01-F the larger MEPS-Household Component, [FR Doc. 96–26302 Filed 10–11–96; 8:45 am] is important for evaluating current and BILLING CODE 4160±90±M proposed health policies by both the DEPARTMENT OF HEALTH AND private and public sectors. HUMAN SERVICES DATES: AHCPR is requesting that OMB Centers for Disease Control and provide a 2-day review and a 90-day Prevention Agency for Health Care Policy and approval. During this 90-day period Research; Agency Information AHCPR will publish a separate Federal The National Institute for Occupational Collection Activities: Submission for Register notice to provide a 30-day Safety and Health; Meeting OMB Review; Comment Request public review and comment period on Name: Review of proposed protocol these requirements. AGENCY: Agency for Health Care Policy for the study: ‘‘A Cohort Mortality Study and Research. ADDRESSES: Written comments for the with a Nested Case-control Study of proposed information collection should ACTION: Emergency clearance notice. Lung Cancer and Diesel Exhaust Among be submitted within 2 working days of Non-metal Miners.’’ SUMMARY: This notice announces the this notice directly to the OMB Desk Time and date: 9 a.m-3 p.m., Agency for Health Care Policy and Officer at the following address: Allison November 8, 1996. Research’s (AHCPR) intention to request Eydt, Human Resources and Housing Place: National Cancer Institute (NCI), the Office of Management and Budget Branch, Office of Information and Conference Room H, Executive Plaza (OMB) to reinstate two expired Regulatory Affairs, OMB; New North, 6130 Executive Boulevard, information collection projects as one: Executive Office Building, Room 10235; Rockville, Maryland 20892. Formerly the 1987 Health Insurance Washington, D.C. 20503. Status: Open to the public for Plans Survey (HIPS) and the 1994 All comments will become a matter of observation and participation, limited National Employer Health Insurance public record. only by the space available. The meeting Survey (NEHIS), now to be combined in FOR FURTHER INFORMATION CONTACT: room accommodates approximately 50 the 1997 Medical Expenditure Panel Ruth A. Celtnieks, AHCPR Reports people. Survey—Insurance Component (MEPS– Clearance Officer, (301) 594–1406, ext. Purpose: The purpose of this meeting IC). In accordance with the Paperwork 1497. is to obtain comments and guidance 53748 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices regarding the technical and scientific Administration, 12420 Parklawn Dr., [Docket No. 94E±0099] merits of the study: ‘‘A Cohort Mortality rm. 1–23, Rockville, MD 20857. Study with a Nested Case-control Study FOR FURTHER INFORMATION CONTACT: Vir Determination of Regulatory Review of Lung Cancer and Diesel Exhaust D. Anand, Center for Food Safety and Period for Purposes of Patent Among Non-metal Miners,’’ being Applied Nutrition (HFS–216), Food and Extension; NeutrexinTM; Correction conducted jointly by NIOSH and NCI. Drug Administration, 200 C St. SW., Matters to be Discussed: Agenda items Washington, DC 20204, 202–418–3081. AGENCY: Food and Drug Administration, include short presentations concerning SUPPLEMENTARY INFORMATION: Under the HHS. the study protocol by the study Federal Food, Drug, and Cosmetic Act ACTION: Notice; correction. investigators, comments from the (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), Review Panel members, responses and notice is given that a food additive SUMMARY: The Food and Drug discussion of comments submitted by petition (FAP 6B4521) has been filed by Administration (FDA) is correcting the others who have reviewed the protocol, Dover Chemical Corp., 3676 Davis Rd. notice that appeared in the Federal and discussion open to all meeting NW., Dover, OH 44622. The petition Register of August 30, 1994 (59 FR attendees. Viewpoints and suggestions proposes to amend the food additive 44737). The document announced from industry, labor, academia, other regulations in § 178.2010 Antioxidants FDA’s determination of the regulatory government agencies, and the public are and/or stabilizers for polymers (21 CFR invited. Written comments will be part review period for purposes of patent 178.2010) to provide for the safe use of TM of the review, and should be received by 3,9-bis[2,4-bis(1-methyl-1-phenylethyl) extension for Neutrexin (trimetrexate the contact person listed below no later phenoxy]-2,4,8,10-tetraoxa-3,9- glucuronate). The document was than November 1, 1996. Agenda items diposphaspiro[5.5]undecane as an published with an error in one of the are subject to change as priorities antioxidant and/or stabilizer for olefin dates stated as part of the regulatory dictate. polymers intended for use in contact review period and requires additional Contact Person for More Information: with food. clarification between the patent Michael Attfield, Ph.D., NIOSH Project The potential environmental impact extension applicant’s records and FDA’s Director, Division of Respiratory Disease of this action is being reviewed. To records. encourage public participation Studies, M/S 234, 1095 Willowdale FOR FURTHER INFORMATION CONTACT: consistent with regulations promulgated Road, Morgantown, West Virginia Brian J. Malkin, Office of Health Affairs 26505–2888, telephone 304/285–5751, under the National Environmental (HFY–20), Food and Drug fax 304/285–5861. Policy Act (40 CFR 1501.4(b)), the Administration, 5600 Fishers Lane, Dated: October 8, 1996. agency is placing the environmental assessment submitted with the petition Rockville, MD 20857, 301–443–1382. Nancy C. Hirsch, that is the subject of this notice on In FR Doc. 94–21280, appearing on Acting Director, Management Analysis and public display at the Dockets page 44737 in the Federal Register of Services Office, Centers for Disease Control Management Branch (address above) for and Prevention (CDC). Tuesday, August 30, 1994, the following public review and comment. Interested corrections are made: [FR Doc. 96–26300 Filed 10–11–96; 8:45 am] persons may, on or before November 14, BILLING CODE 4160±19±M 1996 submit to the Dockets Management On page 44737, in the second column, Branch (address above) written in the second complete paragraph, in comments. Two copies of any comments the fourth line, ‘‘1,934’’ is corrected to Food and Drug Administration are to be submitted, except that read ‘‘1,931’’; and in the sixth line, individuals may submit one copy. ‘‘317’’ is corrected to read ‘‘320’’; in the [Docket No. 96F±0370] Comments are to be identified with the same column, in the third complete Dover Chemical Corp.; Filing of Food docket number found in brackets in the paragraph, in the eighth line, Additive Petition heading of this document. Received ‘‘However,’’ is removed; in the eleventh comments may be seen in the office line, ‘‘March 10, 1987. FDA’’ is AGENCY: Food and Drug Administration, above between 9 a.m. and 4 p.m., corrected to read ‘‘March 10, 1987. The HHS. Monday through Friday. FDA will also applicant has documentation to suggest ACTION: Notice. place on public display any that an FDA official orally removed IND amendments to, or comments on, the 29,796 from clinical hold on September SUMMARY: The Food and Drug petitioner’s environmental assessment 2, 1987. However, FDA’’; in the Administration (FDA) is announcing without further announcement in the fourteenth line, ‘‘clinical hold’’ is that Dover Chemical Corp. has filed a Federal Register. If, based on its review, corrected to read ‘‘clinical hold via petition proposing that the food additive the agency finds that an environmental letter’’; and in the same column, in the regulations be amended to provide for impact statement is not required and last paragraph, beginning in the fifth the safe use of 3,9-bis[2,4-bis(1-methyl- this petition results in a regulation, the line, ‘‘February 4, 1993’’ is corrected to 1-phenylethyl) phenoxy]-2,4,8,10- notice of availability of the agency’s read: ‘‘February 1, 1993’’; and the last tetraoxa-3,9- finding of no significant impact and the two sentences are corrected to read: diphosphaspiro[5.5]undecane as an evidence supporting that finding will be ‘‘FDA has verified the applicant’s claim antioxidant and/or stabilizer for olefin published with the regulation in the that the new drug application (NDA) for Federal Register in accordance with 21 polymers intended for use in contact NeutrexinTM (NDA 20–326) was initially CFR 25.40(c). with food. submitted on February 1, 1993.’’ DATES: Written comments on the Dated: October 2, 1996. Dated: October 8, 1996. petitioner’s environmental assessment Alan M. Rulis, by November 14, 1996. Director, Office of Premarket Approval, Stuart L. Nightingale, ADDRESSES: Submit written comments Center for Food Safety and Applied Nutrition. Associate Commissioner for Health Affairs. to the Dockets Management Branch [FR Doc. 96–26372 Filed 10–11–96; 8:45 am] [FR Doc. 96–26301 Filed 10–11–96; 8:45 am] (HFA–305), Food and Drug BILLING CODE 4160±01±F BILLING CODE 4160±01±F Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53749

National Institutes of Health Scientific Review Administrator: Dr. Rockledge Drive, Room 6178, Bethesda, Norman Chang, 6100 Executive Boulevard— Maryland 20892, (301) 435–1047. National Institutes of Neurological Rm 5E03, Telephone: 301–496–1485. Name of SEP: Biological and Physiological Disorders and Stroke; Division of Name of Subcommittee: Medical Sciences. Extramural Activities; Notice of Closed Rehabilitation Research Subcommittee. Date: November 6, 1996. Meeting Date of Meeting: November 11, 1996. Time: 3:00 p.m. Time: 8:30 am–5:00 pm. Place: NIH, Rockledge 2, Room 4144, Pursuant to Section 10(d) of the Place of Meeting: Marriott, 5151 Pooks Hill Telephone Conference. Federal Advisory Committee Act, as Road, Bethesda, Maryland 20814. Contact Person: Dr. Paul Strudler, amended (5 U.S.C. Appendix 2), notice Scientific Review Administrator: Ms. Anne Scientific Review Administrator, 6701 Krey, 6100 Executive Boulevard—Rm. 5E03, Rockledge Drive, Room 4144, Bethesda is hereby given of the following Telephone: 301–496–1485. Maryland 20892, (301) 435–1716. meeting: Name of Subcommittee: Maternal and Name of SEP: Biological and Physiological Name of Committee: National Institute of Child Health Research Subcommittee. Sciences. Neurological Disorders and Stroke Special Date of Meeting: November 12–13, 1996. Date: November 20, 1996. Emphasis Panel. Time: November 12—8:30 am–5:00 pm; Time: 10:00 a.m. Date: November 6–7, 1996. November 13—8:00 am—adjournment. Place: NIH, Rockledge 2, Room 4152, Time: November 6, 7:00 p.m.–10:00 p.m.; Place of Meeting: Holiday Inn Telephone Conference. November 7, 8:30 a.m.–adjournment. Gaithersburg, 2 Montgomery Village Avenue, Contact Person: Dr. Marcelina Powers, Place: Holiday Inn Bethesda, 8120 Gaithersburg, Maryland 20879. Scientific Review Administrator, 6701 Wisconsin Avenue, Bethesda, MD 20814. Scientific Review Administrator: Dr. Gopal Rockledge Drive, Room 4152, Bethesda Contact Person: Dr. Howard Weinstein, Bhatnagar, 6100 Executive Boulevard—Rm. Maryland 20892, (301) 435–1720. Scientific Review Administrator, National 5E03, Telephone: 301–496–1485. Name of SEP: Biological and Physiological Institutes of Health, 7550 Wisconsin Avenue, Name of Subcommittee: Population Sciences. Room 9C10, Bethesda, MD 20892, (301) 496– Research Subcommittee. Date: November 21, 1996. 9223. Date of Meeting: December 9–10, 1996. Time: 2:00 p.m. Purpose/Agenda: To review and evaluate a Time: December 9–8:00 am–5:00 pm; Place: NIH, Rockledge 2, Room 4152, grant application. December 10–10:00 am—adjournment. Telephone Conference. The meeting will be closed in Place of Meeting: The Hyatt, 1 Metro Contact Person: Dr. Marcelina Powers, accordance with the provisions set forth Center, Bethesda, Maryland 20814. Scientific Review Administrator, 6701 in secs. 552b(c)(4) and 552b(c)(6), Title Scientific Review Administrator: Dr. A.T. Rockledge Drive, Room 4152, Bethesda Gregoire, 6100 Executive Boulevard—Rm. Maryland 20892, (301) 435–1720. 5, U.S.C. Applications and/or proposals 5E03, Telephone: 301–496–1696. The meetings will be closed in accordance and the discussions could reveal These meetings will be closed in with the provisions set forth in secs. confidential trade secrets or commercial accordance with the provisions set forth in 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. property such as patentable material sections 552b(c)(4) and 552b(c)(6), Title 5 Applications and/or proposals and the and personal information concerning United States Code. Applications and/or discussions could reveal confidential trade individuals associated with the proposals and the discussions could reveal secrets or commercial property such as applications and/or proposals, the confidential trade secrets or commercial patentable material and personal information disclosure of which would constitute a property such as patentable material and concerning individuals associated with the applications and/or proposals, the disclosure clearly unwarranted invasion of personal information concerning individuals associated with the applications and/or of which would constitute a clearly personal privacy. proposals, the disclosure of which would unwarranted invasion of personal privacy. (Catalog of Federal Domestic Assistance constitute a clearly unwarranted invasion of (Catalog of Federal Domestic Assistance Program No. 93.853, Clinical Research personal privacy. Program Nos. 93.306, 93.333, 93.337, 93.393– Related to Neurological Disorders; No. (Catalog of Federal Domestic Assistance 93.396, 93.837–93.844, 93.846–93.878, 93.854, Biological Basis Research in the Program No. 93.864, Population Research 93.892, 93.893, National Institutes of Health, Neurosciences). and No. 93.865, Research for Mothers and HHS) Dated: October 7, 1996. Children, National Institutes of Health.) Dated: October 7, 1996. Paula N. Hayes, Dated: October 7, 1996. Paula N. Hayes, Acting Committee Management Officer, NIH. Paula N. Hayes, Acting Committee Management Officer, NIH. [FR Doc. 96–26235 Filed 10–11–96; 8:45 am] Acting Committee Management Officer, NIH. [FR Doc. 96–26237 Filed 10–11–96; 8:45 am] BILLING CODE 4140±01±M [FR Doc. 96–26236 Filed 10–11–96; 8:45 am] BILLING CODE 4140±01±M BILLING CODE 4140±01±M

National Institute of Child Health and Division of Research Grants; Notice of Human Development; Notice of Closed Division of Research Grants; Notice of Closed Meeting Meetings Closed Meetings Pursuant to Section 10(d) of the Pursuant to Section 10(d) of the Pursuant to Section 10(d) of the Federal Advisory Committee Act, as Federal Advisory Committee Act, as Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice amended (5 United States Code amended (5 U.S.C. Appendix 2), notice is hereby given of the following Division Appendix 2), notice is hereby given of is hereby given of the following Division of Research Grants Special Emphasis the following meetings: of Research Grants Special Emphasis Panel (SEP) meeting: Purpose/Agenda: To review and evaluate Panel (SEP) meetings: Purpose/Agenda: To review individual grant applications. Purpose/Agenda: To review individual grant applications. Name of Subcommittee: Mental grant applications. Name of SEP: Biological and Physiological Retardation Research Subcommittee. Name of SEP: Biological and Physiological Sciences. Date of Meeting: October 28–29, 1996. Sciences. Date: October 17, 1996. Time: October 28—8:30 am–5:00 pm; Date: November 4, 1996. Time: 10:00 a.m. October 29—9:00 am—adjournment. Time: 10:00 a.m. Place: Embassy Suites Hotel, Washington, Place of Meeting: The Handlery Union Place: NIH, Natcher Bldg., Room F–1 & 2. DC. Square, 351 Geary Street, San Francisco, Contact Person: Dr. Nancy Pearson, Contact Person: Dr. Michael Land, California 94102. Scientific Review Administrator, 6701 Scientific Review Administrator, 6701 53750 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Rockledge Drive, Room 5122, Bethesda, Environmental Assessment for the Joaquin kit fox habitat. Neither Maryland 20892, (301) 435–1265. incidental take permit application, California red-legged frog or western This notice is being published less than 15 which includes the proposed Habitat burrowing owl are currently known to days prior to the above meeting due to the Conservation Plan fully describing the occur on the project site. During the urgent need to meet timing limitations imposed by the grant review and funding proposed project and mitigation, and course of the project, however, either or cycle. the accompanying Implementing both of these species could become The meeting will be closed in accordance Agreement. This notice is provided established on the site as a result of with the provisions set forth in secs. pursuant to section 10(a) of the conditions created by project activities. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Endangered Species Act and National Therefore, A. Teichert & Son, Inc., also Applications and/or proposals and the Environmental Policy Act regulations seeks coverage for incidental take of discussions could reveal confidential trade (40 CFR 1506.6). All comments, California red-legged frog and western secrets or commercial property such as including names and addresses, burrowing owl, should either occupy patentable material and personal information received will become part of the official the site in the future. concerning individuals associated with the To compensate for project impacts, A. applications and/or proposals, the disclosure administrative record and may be made of which would constitute a clearly available to the public. Teichert & Son, Inc., will acquire, unwarranted invasion of personal privacy. DATES: Written comments on the permit through a permanent conservation easement, a 192-acre mitigation site (Catalog of Federal Domestic Assistance application, Environmental Assessment Program Nos. 93.306, 93.333, 93.337, 93.393– and Implementing Agreement should be located 2.6 miles west of the project site. 93.396, 93.837–93.844, 93.846–93.878, received on or before November 14, The mitigation site provides suitable 93.892, 93,893, National Institutes of Health, 1996. habitat for San Joaquin kit fox and western burrowing owl (grazed annual HHS) ADDRESSES: Comments regarding the Dated: October 7, 1996. application or adequacy of the grassland) and potential habitat for California red-legged frogs (two stock Paula N. Hayes, environmental assessment and ponds). A. Teichert & Son, Inc., will Acting Committee Management Officer, NIH. Implementing Agreement should be convey the conservation easement to the [FR Doc. 96–26238 Filed 10–11–96; 8:45 am] addressed to, U.S. Fish and Wildlife California Department of Fish and Game Service, Sacramento Field Office, 3310 BILLING CODE 4140±01±M and provide funding for long-term El Camino, Suite 130, Sacramento, management of the mitigation site. California 95821–6340. Please refer to Other measures are specified in the permit number PRT–820643 when DEPARTMENT OF THE INTERIOR Habitat Conservation Plan to minimize submitting comments. Individuals the potential for take during excavation, Fish and Wildlife Service wishing copies of the application, construction, and operation activities. Environmental Assessment or The Environmental Assessment Availability of an Environmental Implementing Agreement for review Assessment and Receipt of an considers the environmental should immediately contact the above consequences of three alternatives. Application for an Incidental Take office. Documents also will be available Permit for A. Teichert & Son, Inc.'s, Alternative 1, the proposed action, for public inspection, by appointment, consists of the issuance of an incidental Vernalis Aggregate Project, San during normal business hours at the take permit to A. Teichert & Son, Inc., Joaquin County, California above address. and implementation of the Habitat AGENCY: Fish and Wildlife Service. FOR FURTHER INFORMATION CONTACT: Mr. Conservation Plan and its Implementing ACTION: Notice of availability. Michael Horton or Ms. Tiki Baron, Agreement. This alternative is preferred Sacramento Field Office, 916–979–2725. because: (1) It satisfies the purpose and SUMMARY: This notice advises the public SUPPLEMENTARY INFORMATION: Section 9 needs of the U.S. Fish and Wildlife that A. Teichert & Son, Inc., has applied of the Endangered Species Act prohibits Service and A. Teichert & Son, Inc.; (2) to the U.S. Fish and Wildlife Service for the ‘‘taking’’ of a species listed as it is likely to result in a relatively low an incidental take permit pursuant to threatened or endangered. However, the level of incidental take; and (3) impacts section 10(a)(1)(B) of the Endangered U.S. Fish and Wildlife Service, under are minimized and mitigated by the Species Act of 1973, as amended. The limited circumstances, may issue acquisition of a conservation easement application has been assigned permit permits to take listed species incidental preserving the 192-acre mitigation site number PRT–820643. The proposed to, and not the purpose of, otherwise and other measures specified in the permit would authorize the incidental lawful activities. Regulations governing Habitat Conservation Plan. Under take of San Joaquin kit fox (Vulpes permits for threatened species are Alternative 2, the no action alternative, macrotis mutica), federally listed as promulgated in 50 CFR 17.32; the U.S. Fish and Wildlife Service endangered, and the California red- regulations governing permits for would not issue an incidental take legged frog (Rana aurora draytonii), endangered species are promulgated in permit. A. Teichert & Son, Inc., has federally listed as threatened, and/or 50 CFR 17.22. indicated that they would continue to their habitat during aggregate extraction implement the Vernalis Aggregate and the construction and operation of Background project, incorporating precautions as processing facilities and associated road A. Teichert & Son, Inc., proposes to described in the Habitat Conservation improvements. The proposed permit extract aggregate from approximately Plan to avoid take of listed species, also would authorize future incidental 205 acres, construct and operate regardless of whether the Habitat take of the western burrowing owl aggregate processing facilities on Conservation Plan is approved and an (Athene cunicularia hypugea), a approximately 100 acres, and construct incidental take permit issued. If project currently unlisted species, should it and maintain associated road activities did result in take of listed become listed under the Endangered improvements in San Joaquin County, species, such take would be Species Act in the future. The permit California. A. Teichert & Son, Inc., seeks unauthorized under this alternative and would be in effect for 50 years. coverage for permanent impacts to 58 would place A. Teichert & Son, Inc., in The U.S. Fish and Wildlife Service acres, and temporary impacts to an violation of state and Federal laws. also announces the availability of an additional 25 acres, of potential San Under the no action alternative, the 192- Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53751 acre mitigation site would not be FOR FURTHER INFORMATION CONTACT: [MT±067±06±1430±00] preserved through a conservation George T. Skibine, Director, Indian easement. Alternative 3 entails Gaming Management Staff, Bureau of Headwaters Resource Management development of aggregate extraction and Indian Affairs, Washington, D.C. 20240, Plan Amendment; Cascade and Lewis processing facilities on an alternate site. (202) 219–4068. and Clark Counties, Montana Development of the alternate site would Dated: October 1, 1996. AGENCY: Department of the Interior, result in significant impacts to the Bureau of Land Management. Ada E. Deer, Swainson’s hawk by eliminating 708 ACTION: Notice of Intent. acres of suitable foraging habitat. Assistant Secretary—Indian Affairs. Foraging habitat for western burrowing [FR Doc. 96–26322 Filed 10–11–96; 8:45 am] SUMMARY: Notice is hereby given that owls, loggerhead shrikes, and California BILLING CODE 4310±4N±P the Headwaters Resource Management horned larks would also be lost. In Plan (RMP) will be amended by the addition, because the aggregate reserves Great Falls Resource Area, Great Falls, on the alternate site are of lower quality Bureau of Land Management Montana. The Bureau of Land than those at the proposed site, use of Management is amending the RMP to the alternate site would likely disturb [NV±030±1990±01] consider certain public lands available more acres of habitat to produce the for disposal pursuant to sections 203 same volume of aggregate. Notice of Availability for the Talapoosa and 206 of the Federal Land Policy and This notice is provided pursuant to Project Final Environmental Impact Management Act of 1976. The public section 10(a) of the Endangered Species Statement lands comprise approximately 17,000 Act and the National Environmental acres located in Cascade and Lewis & Policy Act of 1969 regulations (40 CFR AGENCY: Bureau of Land Management, Clark Counties, Montana. 1506.6). The U.S. Fish and Wildlife Department of the Interior. The Headwaters RMP did not identify Service will evaluate the application, all of these lands as suitable for ACTION: Notice of Availability for the associated documents, and comments disposal. However, because land Final Environmental Impact Statement submitted thereon to determine whether exchange opportunities aid in the application meets the requirements (FEIS) for Talapoosa Mining aggregating or repositioning other public of the National Environmental Policy Incorporated’s Talapoosa Project. lands that lack public access and/or are Act regulations and section 10(a) of the scattered parcels which are difficult for Endangered Species Act. If it is SUMMARY: Pursuant to section 102(2)(C) BLM to manage, the public interest may determined that the requirements are of the National Environmental Policy well be served by disposal of these met, a permit will be issued for the Act, 40 CFR 1500–1508 and 43 CFR lands. An environmental assessment incidental take of the listed species. The 3809, notice is given that the Bureau of will be prepared by the Great Falls final permit decision will be made no Land Management (BLM) has prepared, Resource Area to analyze the impacts of sooner than 30 days from the date of with the assistance of a third-party this proposal and any alternatives. this notice. consultant, a FEIS on Talapoosa Mining The public land being considered for Incorporated’s Talapoosa Project in disposal, comprising 17,113.36 acres, is Dated: October 7, 1996. Northwestern Nevada, and has made described as follows: Don Weathers, copies of the document available for Montana Principal Meridian Acting Regional Director, Region 1, Portland, public review. Oregon. T. 15 N., R. 1 E., Cascade County, Montana [FR Doc. 96–26298 Filed 10–11–96; 8:45 am] DATES: Written comments on the FEIS Sec. 6, Lot 4; Sec. 8, NW1⁄4SW1⁄4, SW1⁄4SW1⁄4, and BILLING CODE 4310±55±P will be accepted until close of business SE1⁄4SE1⁄4; on November 18, 1996. No public Sec. 22, N1⁄2N1⁄2; meetings are scheduled. T. 16 N., R. 1 E., Cascade County, Montana Bureau of Indian Affairs Sec. 6, SW1⁄4SE1⁄4; ADDRESSES: A copy of the FEIS can be Sec. 18, Lots 1 through 4, and NE1⁄4; obtained from: Bureau of Land Indian Gaming Sec. 28, NE1⁄4, N1⁄2NW1⁄4, SW1⁄4NW1⁄4, and Management, Carson City District NW1⁄4SW1⁄4; ACTION: Notice of Approved Tribal/State Office, Attn: Ron Moore, Talapoosa EIS T. 15 N., R. 1 W., Cascade County, Montana Compact. Manager, 1535 Hot Springs Road, Suite Sec. 2, Lots 1 through 4, S1⁄2N1⁄2, and S1⁄2; 300, Carson City, Nevada 89706. Sec. 4, Lots 1 through 4, S1⁄2N1⁄2, and S1⁄2; SUMMARY: Pursuant to 25 U.S.C. 2710, of Sec. 6, Lots 1 through 7, S1⁄2NE1⁄4, The FEIS is available for inspection at the Indian Gaming Regulatory Act of SE1⁄4NW1⁄4, E1⁄2SW1⁄4, and SE1⁄4; 1988 (Pub. L. 100–497), the Secretary of the following locations: BLM State Sec. 8, Lots 1 through 4, N1⁄2, and N1⁄2S1⁄2; the Interior shall publish, in the Federal Office (Reno), BLM Carson City District Sec. 10, all; Register, notice of approved Tribal/State Office, Silver Springs public library, and Sec. 12, SW1⁄4SW1⁄4; 1 Compacts for the purpose of engaging in the University of Nevada library in Sec. 14, N ⁄2; Sec. 20, N1⁄2; Class III (casino) gambling on Indian Reno. Sec. 22, W1⁄2NE1⁄4, NW1⁄4, and NW1⁄4SW1⁄4; reservations. The Assistant Secretary— 1 1 FOR FURTHER INFORMATION CONTACT: For Sec. 30, Lots 1 through 4, E ⁄2W ⁄2; Indian Affairs, Department of the additional information, write to the Sec. 32, E1⁄2SW1⁄4, and W1⁄2SE1⁄4; Interior, through her delegated above address or call Ron Moore at (702) T. 16 N., R. 1 W., Cascade County, Montana authority, has approved the Tribal/State 885–6155. Sec. 2, Lots 1 through 4, S1⁄2N1⁄2, and S1⁄2; Gaming Compact between the Quinault Sec. 12, N1⁄2NW1⁄4; Indian Nation and the State of Dated: October 8, 1996. Sec. 14, Lots 2, 3, and 4, NE1⁄4, and Washington, which was executed on John O. Singlaub, E1⁄2W1⁄2; Sec. 18, Lot 3; July 9, 1996. District Manager, Carson City. Sec. 19, N1⁄2NE1⁄4SE1⁄4; [FR Doc. 96–26299 Filed 10–11–96; 8:45 am] 1 1 1 DATES: This action is effective October Sec. 20, S ⁄2NW ⁄4, and S ⁄2; 15, 1996. BILLING CODE 4310±HC±P Sec. 22, Lots 1 through 4, S1⁄2N1⁄2, and S1⁄2; 53752 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Sec. 24, all; [OR±050±1020±00: GP7±0002] By virtue of the authority delegated to Sec. 26, all; me by BLM Manual 1203, Oil Shale Sec. 28, all; Notice of Meeting of John Day-Snake Classification Order Wyoming No. 1, is 1 Sec. 30, Lots 1 through 4, E ⁄2; Resource Advisory Council hereby modified by removing the Sec. 32, Lots 1 through 4, N1⁄2, and N1⁄2S1⁄2; following described land: Sec. 34, Lots 1 through 4, N1⁄2, and N1⁄2S1⁄2; AGENCY: Bureau of Land Management, T. 17 N., R. 1 W., Cascade County, Montana Prineville District. Sixth Principal Meridian Sec. 6, Lots 5, 10 and 11; ACTION: Meeting of John Day-Snake T. 13 N., R. 112 W. Sec. 7, Lot 4, NW1⁄4NE1⁄4, S1⁄2NE1⁄4, and 1 1 Resource Advisory Council: Pendleton, Sections 1–24 E ⁄2NW ⁄4; T. 14 N., R. 112 W. Sec. 9, Lot 1; Oregon; November 14–15, 1996. Sec. 7, W1⁄2 Sec. 10, Lot 10; SUMMARY: A meeting of the John Day- Sec. 18 to 22; Sec. 17, Lot 11; Sec. 23, S1⁄2 Sec. 20, Lot 9; Snake Resource Advisory Council will Sec. 24, S1⁄2 T. 15 N., R. 2 W., Lewis & Clark County, be held on November 14, 1996 from 9:00 am to 5:00 pm, and on November 15, Sec. 25 to 36; Montana T. 15 N., R. 112 W. Sec. 2, Lots 1, 2, 3, and S1⁄2NE1⁄4; 1996 from 8:00 am to 12:00 noon at the 1 1 1 Secs. 6 and 7; Sec. 12, E ⁄2, and E ⁄2W ⁄2; Red Lion Inn, Pendleton, Oregon. Public Sec. 18, Lots 5–8; Sec. 13, all; comments will be received from 3:00 T. 13 N., R. 113 W. T. 16 N., R. 2 W., Cascade County, Montana pm to 4:30 pm on Monday, November 1 1 1 1 Sec. 24; Sec. 6, Lot 6, SE ⁄4SW ⁄4, and SW ⁄4SE ⁄4; 14, 1996. Topics to be discussed include T. 14 N., R. 113 W. Sec. 10, Lots 1, 2, 4, 6, 9, 11, 12, 13, and 1 1 the Interior Columbia Basin Ecosystem All; 14, S ⁄2N ⁄2, and unsurveyed island; T. 15 and 16 N., R. 113 W. Sec. 11, unsurveyed island; Management Project, Standards for Rangeland Health and Guidelines for All; Sec. 20, Lot 1 and 10; T. 17 N., R. 113 W. 1 1 1 1 Livestock Grazing on public lands. Sec. 22, E ⁄2NE ⁄4, NW ⁄4NE ⁄4; Secs. 1–4; Sec. 24, Lots 1, and 2, W1⁄2NE1⁄4, and FOR FURTHER INFORMATION CONTACT: 1 Secs. 9–16; NW ⁄4; James L. Hancock, Bureau of Land Secs. 21–28; T. 16 N., R. 2 W., Lewis & Clark County, Management, Prineville District Office, Secs. 33–36. Montana 3050 N.E. Third Street, Prineville, Sec. 22, SE1⁄4SW1⁄4, and SE1⁄4; At 9 a.m., MDST on November 14, Oregon 97754, or call 541–416–6700. Sec. 24, Lots 3 and 4, W1⁄2SE1⁄4, and SW1⁄4; 1996 the lands described above will be Sec. 30, Lots 2 and 3; Dated: October 4, 1996. open to non-metalliferous locations T. 17 N., R. 2 W., Cascade County, Montana Donald L. Smith, under the 1872 Mining Law, subject to Sec. 2, Lot 4, and SW1⁄4NW1⁄4; Acting District Manager. valid existing rights, the provisions of Sec. 12, Lot 4, W1⁄2W1⁄2, SE1⁄4NW1⁄4, SE1⁄4 existing withdrawals, other segregations SW1⁄4, and SW1⁄4SE1⁄4; [FR Doc. 96–26248 Filed 10–11–96; 8:45 am] Sec. 14, W1⁄2E1⁄2, and E1⁄2W1⁄2; BILLING CODE 4310±33±M of record, and the requirements of Sec. 18, E1⁄2E1⁄2, and SW1⁄4NE1⁄4; applicable law. Sec. 19, Lots 1 through 5, S1⁄2NE1⁄4, and Dated: August 16, 1996. SE1⁄4NW1⁄4; Bureau of Land Management Alan R. Pierson, Sec. 24, S1⁄2NW1⁄4, and SW1⁄4; State Director. Sec. 26, NE1⁄4SW1⁄4, S1⁄2SW1⁄4, and W1⁄2 [WY±980±1320±01; WYW 84553] SE1⁄4; [FR Doc. 96–26245 Filed 10–11–96; 8:45 am] Sec. 32, NE1⁄4, NW1⁄4NW1⁄4, NW1⁄4SW1⁄4, Partial Termination of Oil Shale BILLING CODE 4310±22±P and N1⁄2SE1⁄4; Classification Order No. 1; Wyoming T. 16 N., R. 3 W., Cascade County, Montana AGENCY: Bureau of Land Management, Sec. 12, N1⁄2NE1⁄4, and NE1⁄4NW1⁄4; Bureau of Land Management T. 16 N., R. 3 W., Lewis & Clark County, Interior. Montana ACTION: Partial termination. [WY±980±1320±01; WYW±84553±04] Sec. 24, Lots 6 and 7; Sec. 26, Lots 6, 7, and 8, and unsurveyed SUMMARY: This action modifies the Public Land Order No. 7219; Partial island; November 19, 1982, Oil Shale Revocation of the Executive Order of Sec. 35, unsurveyed island; Classification Order Wyoming No. 1, by July 6, 1910; Wyoming removing 85,787.99 acres of public land PUBLIC PARTICIPATION: Comments and AGENCY: Bureau of Land Management, near Rock Springs, Wyoming. This recommendations on this notice to Interior. amend the Headwaters RMP should be action is taken in conjunction to a ACTION: Public land order. received on or before November 14, modification of the Executive Order of 1996. July 6, 1910, the total result of which SUMMARY: This order partially revokes will open the below described land to ADDRESSES: Comments should be sent to an Executive order insofar as it affects non-metalliferous location under the the Great Falls Resource Area, 812 14th. 18,846.72 acres of public land 1872 Mining Law. The land was St. N., Great Falls, MT 59401. withdrawn for the protection of coal determined to be non-productive for oil FOR FURTHER INFORMATION CONTACT: reserves near Rock Springs, Wyoming. shale and may have some potential for This action, taken in conjunction with Richard L. Hopkins, Area Manager, locations of mining claims for Great Falls Resource Area, 812 14th. St. termination of Oil Shale Classification diamonds. The entire 85,787.99 acres Order No. 1, will result in opening the N., Great Falls, MT 59401, 406/727– will remain open to the mineral leasing 0503. land to the public land laws and to laws. nonmetalliferous location under the Dated: September 30, 1996. EFFECTIVE DATE: November 14, 1996. 1872 Mining Law. The withdrawal is no David L. Mari, FOR FURTHER INFORMATION CONTACT: Jim longer needed for the protection of coal District Manager. Paugh, BLM Wyoming State Office, P.O. reserves and the Environmental Impact [FR Doc. 96–26331 Filed 10–11–96; 8:45 am] Box 1828, Cheyenne, Wyoming 82003, Statement completed in March 1996, for BILLING CODE 4310±84±P 307–775–6306. the proposed Green River Resource Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53753

Management Plan, calls for the Dated: October 2, 1996. files in the BLM Nevada State Office revocation of the coal land withdrawal. Bob Armstrong, and are available to the public as a The revocation is needed to complete Assistant Secretary of the Interior. matter of information. Copies of the the opening of the land in response to [FR Doc. 96–26228 Filed 10–11–96; 8:45 am] surveys and related field notes may be a petition from a potential mining BILLING CODE 4310±22±P furnished to the public upon payment of claimant. The entire 18,846.72 acres has the appropriate fees. been and will remain open to the Dated: September 30, 1996. [NV±942±06±1420±00] mineral leasing laws. Robert H. Thompson, EFFECTIVE DATE: November 14, 1996. Filing of Plats of Survey; Nevada Acting Chief Cadastral Surveyor, Nevada. FOR FURTHER INFORMATION CONTACT: Jim [FR Doc. 96–26116 Filed 10–11–96; 8:45 am] AGENCY: Bureau of Land Management, Paugh, BLM Wyoming State Office, P.O. Interior. BILLING CODE 4310±HC±P Box 1828, Cheyenne, Wyoming 82003, ACTION: 307–775–6306. Notice. National Park Service By virtue of the authority vested in SUMMARY: The purpose of this notice is the Secretary of the Interior by Section to inform the public and interested State 30 Day Notice of Submission to OMB, 204 of the Federal Land Policy and and local government officials of the Opportunity of Public Comment Management Act of 1976, 43 U.S.C. filing of Plats of Survey in Nevada. 1714 (1988), it is ordered as follows: EFFECTIVE DATE: Filing is effective at AGENCY: National Park Service, Interior. 1. The Executive Order of July 6, 10:00 a.m. on the dates indicated below. ACTION: Notice of submission to OMB 1910, which withdrew public land for FOR FURTHER INFORMATION CONTACT: and request for comments on coal reserve protection, is hereby Robert H. Thompson, Acting Chief, information collection related to revoked insofar as it affects the Cadastral Survey, Bureau of Land National Park Service mining following described land: Management (BLM), Nevada State regulations. Sixth Principal Meridian Office, 850 Harvard Way, P.O. Box SUMMARY: Under the provisions of the T. 13 N., R. 112 W. 12000, Reno, Nevada 89520, 702–785– 6541. Paperwork Reduction Act of 1995 (44 The area described contains 18,846.72 U.S.C. 3507(a)(1)(D)), the National Park SUPPLEMENTARY INFORMATION: acres in Sweetwater and Uinta Counties, The Plat Service (NPS) invites comments on a Wyoming. of Survey of the following described submitted request to OMB to approve a lands was officially filed at the Nevada revision to and extension of the 2. At 9 a.m. on November 14, 1996, State Office, Reno, Nevada on August the land described in paragraph 1 will currently approved information budget 29, 1996: for the NPS’s minerals management be opened to the operation of the public The plat representing the dependent regulatory program inside park unit land laws generally, subject to valid resurvey of a portion of the north boundaries. Comments are invited on: existing rights, the provisions of existing boundary of Township 41 North, Range (1) The need for the information withdrawals, other segregations of 62 East; and the dependent resurvey of including whether the information has record, and the requirements of a portion of the subdivisional lines, and practical utility; (2) the accuracy of the applicable law. All valid applications the subdivision of section 34, Township reporting burden estimate; (3) ways to received at or prior to 9 a.m. on 42 North, Range 62 East, Mount Diablo enhance the quality, utility and clarity November 14, 1996, shall be considered Meridian, Nevada, under Group No. of the information to be collected; (4) as simultaneously filed at that time. 722, was accepted August 27, 1996. ways to minimize the burden of the Those received thereafter shall be This survey was executed to meet information collection on respondents, considered in the order of filing. certain administrative needs of the including use of automated collection 3. At 9 a.m. on November 14, 1996, Bureau of Land Management. techniques or other forms of information the land described in paragraph 1 will 2. The Plat of Survey of the following technology; and (5) information on the be opened to nonmetalliferous location described lands was officially filed at typical costs that prospective operators and entry under the United States the Nevada State Office, Reno, Nevada incur in preparing complete plans of mining laws, subject to valid existing on September 12, 1996: rights, the provisions of existing The plat, in four (4) sheets, operation under NPS mining withdrawals, other segregations of representing the dependent resurvey of regulations. record, and the requirements of a portion of the south boundary, a Primary Purpose of the Proposed applicable law. Appropriation of any of portion of the subdivisional lines and a Information Collection Request: To the land described in this order under portion of Mineral Survey No. 4743, and obtain information on prospective the general mining laws prior to the date the subdivision of sections 26 and 34, mineral development activities and time of restoration is unauthorized. and the metes-and-bounds survey of a associated with mining claims and Any such attempted appropriation, portion of the northerly right-of-way of nonfederal oil and gas rights within including attempted adverse possession Lake Meade Drive, Township 21 South, National Park System units so as to under 30 U.S.C. 38 (1988), shall vest no Range 63 East, Mount Diablo Meridian, assure that adverse impacts to park rights against the United States. Acts Nevada, under Group No. 713, was resources and values are minimized. required to establish a location and to accepted September 10, 1996. This DATES: Public comments on this notice initiate a right of possession are survey was executed to meet certain must be received by November 14, 1996. governed by State law where not in administrative needs of Lake Las Vegas ADDRESSES: Please send comments to conflict with Federal law. The Bureau of Resort and the Bureau of Land the Office of Management and Budget, Land Management will not intervene in Management. Office of Information and Regulatory disputes between rival locators over 3. The above-listed surveys are now Affairs, ATTN: Desk Officer for the possessory rights since Congress has the basic record for describing the lands Interior Department (1024–0064), provided for such determination in local for all authorized purposes. These Washington, D.C. 20503. Please also courts. surveys have been placed in the open forward a copy of your comments to: 53754 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Carol McCoy, Chief, Policy and on the DEIS. All comments received Nez Perce County Library—Lapwai, Regulations Branch, Geologic Resources will become part of the public record Idaho Division, National Park Service, P.O. and copies of comments, including Nezperce City Library—Nezperce, Idaho Box 25287, Lakewood, Colorado 80225. names, addresses and telephone Enterprise City Library—Enterprise, All comments will become a matter of numbers provided by respondents, may Oregon public record. Copies of the information be released for public inspection. Wallowa County Library—Wallowa, collection request may be obtained by DATES: Comments on the DEIS should Oregon contacting Carol McCoy at the above be received no later than December 11, Joseph Public Library—Joseph, Oregon noted address or by calling her at (303) 1996. Public meetings regarding the Blaine County Library—Chinook, 969–2096. DEIS will be held as indicated below. Montana SUPPLEMENTARY INFORMATION: ADDRESSES: Written comments on the A limited number of copies of the Title: NPS Minerals Management DEIS shall be submitted to: Frank DEIS are available from: Program. Walker, Superintendent, Nez Perce Superintendent, Nez Perce National Form: None. National Historical Park and Big Hole Historical Park and Big Hole National OMB Number: 1024–0064. National Battlefield, P.O. Box 93, Battlefield, P.O. Box 93, Spalding, ID Expiration Date: October 31, 1996. Spalding, ID 83553–0093, (208) 843– 83553–0093; telephone: (208) 843–2261; Type of Request: Extension and 2261. and Deputy Field Director, Pacific West revision of a currently approved The public meetings will be held at Area, National Park Service, 909 First information collection. the following locations: Avenue, Seattle, Washington 98104– Description of Need: Regulations at 36 Oct. 28—Mission, Oregon—Yellowhawk 1060; telephone: (206) 220–4012. CFR Part 9 require prospective Clinic 7–9 p.m. SUPPLEMENTARY INFORMATION: This Draft developers of mining claims under the Oct. 29—Wallowa, Oregon—Senior Environmental Impact Statement for the Mining Law of 1872 and nonfederal oil Citizens Center 7–9 p.m. General Management Plan presents a and gas rights in parks to submit Oct. 30—Joseph, Oregon—Community proposal and two alternative strategies proposed plans of operations to the NPS Center 1–3 p.m. parkwide and site-specific, for guiding for review and approval. A plan of Oct. 30—Enterprise, Oregon— future management of the national operations essentially represents a Community Connections 7–9 p.m. historical park. The major subject areas prospective operator’s blueprint for Nov. 4—Wisdom, Montana— are natural and cultural resources, conducting mineral development Community Center 7–9 p.m. public use, nonfederal lands, and park activities inside park unit boundaries Nov. 6—Chinook, Montana—Senior management and operations. Many associated with mineral rights. By Citizens’ Center 7–9 p.m. overall actions would be designed to requiring such a plan upfront, the NPS Nov. 7—Laurel, Montana—City Council unify park sites, upgrade interpretation, can assure that only mining operations Chambers 7–9 p.m. and help visitors recognize the that minimize adverse impacts to park Nov. 12—Lapwai, Idaho—Pi-nee-waus connection between the park’s resources and value are authorized. Community Center 1–3 p.m. 1 individual sites. Nez Perce life ways Description of respondents: ⁄3 Nov. 12—Spalding, Idaho—Spalding would be respected. Plans would be medium to large publicly owned Visitor Center 7–9 p.m. developed to manage resources and 2 3 Nov. 13—White Bird, Idaho—Rebekah’s companies and ⁄ private entities. vegetation, eliminate exotic and noxious Estimated annual reporting burden: Hall 7–9 p.m. plants, and reintroduce native species. Ranges from 1760 to 2640. Nov. 14—Grangeville, Idaho— The park would continue to work with Estimated average burden per Grangeville Elementary School 7–9 local governments on issues that could respondent: 88 hours. p.m. affect park resources. Nez Perce people Estimated average number of Nov. 18—Nespelem, Washington—Nez would be encouraged to participate in respondents: Ranges from 20 to 30. Perce Long House 7–9 p.m. decisions about park planning, Estimated frequency of response: One. Nov. 19—Lewiston, Idaho—Williams Conference Center, Lewis-Clark State management, and operation. Alternative Dated: October 4, 1996. 1 is a continuation of current David B. Shaver, College 7–9 p.m. Nov. 20—Kooskia, Idaho—Clearwater management practices, often referred to Chief Geologic Resources Division, National Valley High School 7–9 p.m. as a ‘‘no action’’ alternative. Alternative Park Service. Nov. 21—Kamiah, Idaho—Kamiah High 2 is a minimum requirements [FR Doc. 96–26240 Filed 10–11–96; 8:45 am] School 7–9 p.m. alternative in terms of lower cost BILLING CODE 4310±70±P Public reading copies of the DEIS will improvements and minimum protection be available for review at the following and safety actions. Alternative 3 goes locations: beyond the minimum requirements Draft General Management Plan/ alternative, building on the initiatives of Environmental Impact Statement, Nez Lewiston Public Library—Lewiston, Idaho alternative 2. The proposed action for Perce National Historical Park and Big overall park management, would retain Hole National Battlefield Grangeville Centennial Library— Grangeville, Idaho the general management direction of the ACTION: Notice of Availability of Draft Prairie Community Library— park, but appropriate individual Environmental Impact Statement. Cottonwood, Idaho management techniques would be Craigmont City Library—Craigmont, applied in certain cases. Incremental SUMMARY: This notice announces the Idaho steps would be taken to protect land and availability of a Draft Environmental Asotin County Library—Clarkston, resources and to improve visitor Impact Statement (DEIS) for the General Washington services and operations. More Management Plan for Nez Perce Clearwater Memorial Library—Orofino, cooperative agreements and other National Historical Park and Big Hole Idaho partnership mechanisms would be National Battlefield. This notice also Culdesac City Library—Culdesac, Idaho developed as needed to protect announces public meetings for the Kamiah Community Library—Kamiah, resources, include Nez Perce people in purpose of receiving public comments Idaho park management, and improve Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53755 interpretation. Some facilities would be the inventory of human remains from remains of twelve individuals from ‘‘old rehabilitated or expanded, modest the State of Hawaii in the possession of burying grounds on the plains of developments would be added at some the University of Pennsylvania Museum Wimanalo, O’ahu.’’ The remains of nine sites to meet requirements, and some of Archaeology and Anthropology, individuals collected by Dr. Jones in the historic structures would be adaptively Philadelphia, PA. Hawaiian Islands are listed in the used. The site-by-site proposed action A detailed inventory and assessment Academy ledgers as having been varies with the site. The DEIS evaluates of these human remains has been made presented to the Academy at an the potential environmental impacts by University of Pennsylvania Museum unknown date. Of these, five (L–606– associated with the strategies of Archaeology and Anthropology 1998 through 2002) have been identified comprising the three alternatives. The professional staff and representatives of and inventoried by the University of official responsible for a decision on the Hui Malama I Na Kupuna ’O Hawai’i Pennsylvania Museum and are covered proposed action is the Field Director, Nei. by this notice. At an unknown date the Pacific West Area, National Park All the human remains listed in this remains of one individual (L–606–1567) Service. notice are in the control of the Academy were collected on O’ahu. In 1900 of Natural Sciences, Philadelphia. In Dated: October 4, 1996. Professor Benjamin Sharp donated these 1936, the Academy placed these human William C. Walters, remains to the Academy. At an remains on indefinite loan to the unknown date A. M. Owen, M.D., Deputy Field Director, Pacific West Area, University of Pennsylvania Museum. National Park Service. U.S.N., U.S. Sloop St. Mary, collected The Academy has authorized the the remains of three individuals (L– [FR Doc. 96–26239 Filed 10–11–96; 8:45 am] University of Pennsylvania Museum to 606–1861, L–606–1862, and L–606– BILLING CODE 4310±70±P repatriate these human remains, 2161) on O’ahu. In 1872, Dr. Owen pursuant to NAGPRA. There are no donated these remains to the Academy. funerary objects associated with these Notice of Public Meeting In 1846, Lieutenant I. G. Strain, remains. No known individuals were U.S.N., collected the remains of one The National Park Service is seeking identified. individual (L–606–1300) in the public comments and suggestions on the In 1893, Dr. J. M. Whitney collected Hawaiian Islands. Prior to 1849, Dr. planning of the 1996 Christmas Pageant the remains of an unknown number of John K. Townsend collected the remains of Peace, which opens December 5 on individuals from a lava cave on the of one individual (L–606–572) in the the Ellipse (Presidents Park), south of island of Hawai’i. Of these, twenty eight Hawaiian Islands. These human remains the White House. were presented to the Academy at an were purchased by the Academy from A public meeting will be held at 9:30 unknown date by Dr. C.N. Peirce. Of the Estate of Dr. Samuel G. Morton in a.m., October 21, 1996, in Room 234 of these, twenty four individuals (UPMAA 1853. In 1879, Miss E.S. Boyd donated the National Park Service’s National catalogue numbers L–606–1749 through the remains of one individual (L–606– Capital Area Building at 1100 Ohio 1768, L–606–1770, L–606–1772, L–606– 1863) collected in the Hawaiian Islands Drive, SW., in East Potomac Park. 1773, and L–606–1775) have been to the Academy. At an unknown date, Persons who would like to comment identified and inventoried by the W.M. Gabb donated the remains of one at the meeting should notify the University of Pennsylvania Museum individual (L–606–1872) collected in National Park Service by October 18, and are covered by this notice. the Hawaiian Islands to the Academy. 1996, by calling the Office of Public In 1893, Professors Benjamin Sharp At an unknown date, the remains of one Affairs between 9 a.m. and 4 p.m. and William Libbey collected the individual (L–606–1864) collected in weekdays at (202) 619–7176. Persons remains of an unknown number of the Hawaiian Islands were donated to who cannot attend the meeting may individuals at Kipukai, Kauai. Of these, the Academy by an unknown person. At submit written comments to the Public nineteen were presented to the an unknown date Captain Waterman Affairs Office, National Capital Area, Academy by Professors Sharp and collected the remains of one individual 1100 Ohio Drive, SW., Room 107, Libbey in 1894–1895. All nineteen of (L–606–2003) in the Hawaiian Islands. Washington, D.C. 20242. Written these human remains (L–606–2087 At an unknown date Captain Waterman comments will be accepted until through 2096, and L–606–2179 through presented these remains to the October 25, 1996. 2187) have been identified and Academy. inventoried by the University of Dated: September 26, 1996. Based on the above information, Pennsylvania Museum and are covered officials of University of Pennsylvania Terry R. Carlstrom, by this notice. Museum have determined, pursuant to Acting Field Director, National Capital Area. Prior to 1849, Dr. William S. 43 CFR 10.2 (d)(1), that the human [FR Doc. 96–26241 Filed 10–11–96; 8:45 am] Ruschenberger collected the remains of remains listed above represent the BILLING CODE 4310±70±M three individuals (L–606–564, L–606– physical remains of sixty two 565 and L–606–566) on the island of individuals of Native American O’ahu. Accession records indicate that ancestry. Officials of the University of Notice of Inventory Completion of the remains, ‘‘ * * *were presented to Dr. Pennsylvania Museum have determined Native American Human Remains from Ruschenberger by a chief of the pursuant to 25 U.S.C. 3001 (2) that there the State of Hawaii in the Possession Sandwich Islands, Dr. R. having is a relationship of shared group of the University of Pennsylvania solicited them for scientific purposes.’’ identity which can be reasonably traced Museum of Archaeology and Prior to 1849, Dr. John K. Townsend between the twenty four human remains Anthropology, Philadelphia, PA collected the remains of one individual catalogued as L–606–1749 through AGENCY: National Park Service, Interior. (L–606–695) on the island of O’ahu. The 1768, L–606–1770, L–606–1772, L–606– ACTION: Notice. human remains collected on O’ahu by 1773, and L–606–1775, and present-day Drs. Ruschenberger and Townsend were members of Hui Malama I Na Kupuna Notice is hereby given in accordance purchased by the Academy from the ’O Hawai’i Nei, the Office of Hawaiian with provisions of the Native American Estate of Dr. Samuel G. Morton in 1853. Affairs and the Hawai’i Island Burial Graves Protection and Repatriation Act, In 1873, William H. Jones, M.D., U.S.N., Council. Officials of the University of 25 U.S.C. 3003 (d), of the completion of U.S.S. Portsmouth, collected the Pennsylvania Museum have determined 53756 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices pursuant to 25 U.S.C. 3001 (2) that there Bureau of Reclamation of Carefree Highway and 7 miles east of is a relationship of shared group Lake Pleasant on Interstate 17 in identity which can be reasonably traced Option and Lease Agreement Among Maricopa County, Arizona. between the nineteen human remains the Ak-Chin Indian Community, the Reclamation approved categorical catalogued as L–606–2087 through United States, and Del Webb exclusion No. PXAO–95–9 in December 2096, and L–606–2179 through 2187, Corporation, Maricopa County, AZ of 1994 for the Option and Lease and present-day members of Hui Agreement Among the Ak-Chin Indian AGENCY: Bureau of Reclamation, Malama I Na Kupuna ’O Hawai’i Nei, Community, the United States, and Del Interior. the Office of Hawaiian Affairs and the Webb Corporation according to Kauai/Nihau Island Burial Council. ACTION: Notice to prepare an Exclusion Category 9.4.D.14. The Officials of the University of environmental assessment and notice of Categorical Exclusion indicated, Pennsylvania Museum have determined public scoping meeting. however, that ‘‘[t]he environmental impacts which will result from the pursuant to 25 U.S.C. 3001 (2) that there SUMMARY: Pursuant to the National Secretary’s approval of the option and is a relationship of shared group Environmental Policy Act (NEPA) of lease agreement are not clear at this time identity which can be reasonably traced 1969, as amended, and the Council on since Del Webb has not yet finalized its between the thirteen human remains Environmental Quality’s Regulations for plans for taking and using the leased catalogued as L–606–564, L–606–565, Implementing the Procedural Provisions settlement water.’’ Del Webb has L–606–566, L–606–695, L–606–1567, L– of NEPA, the Bureau of Reclamation developed its plans for taking and using 606–1861 through 1862, L–606–2161, (Reclamation) proposes to prepare a the leased settlement water. and L–606–1998 through 2002 and draft environmental assessment (EA) for Reclamation has determined an EA present-day members of Hui Malama I approval of the provision of leased should be prepared to determine Na Kupuna ’O Hawai’i Nei, the Office of settlement water under an option and whether a Finding of No Significant Hawaiian Affairs and the O’ahu Burial lease agreement among the Ak-Chin Impact is appropriate or if an EIS needs Committee. Officials of the University of Indian Community, the United States, Pennsylvania Museum have determined to be prepared. and the Del Webb Corporation. The EA will describe the pursuant to 25 U.S.C. 3001 (2) that there Reclamation is initiating early scoping is a relationship of shared group environmental consequences that would for the proposed EA and will be result from the delivery of leased identity which can be reasonably traced conducting a scoping meeting. between the six human remains settlement water. Reclamation plans to Reclamation intends that this scoping focus on impacts associated with catalogued as L–606–1300, L–606–1863, meeting be used to serve as public L–606–1864, L–606–1872, L–606–572, construction of a water delivery scoping for preparation of an pipeline and treatment plant. The EA and L–606–2003 and present-day environmental impact statement (EIS), members of Hui Malama I Na Kupuna will evaluate in detail the proposed should it be determined that one is action and will discuss alternative ’O Hawai’i Nei, and the Office of required. Hawaiian Affairs. pipeline alignments that were ADDRESSES: Written comments may be considered but rejected from detailed This notice has been sent to Hui sent to Mr. Bruce D. Ellis, Chief, consideration. Key issues to be Malama I Na Kupuna ’O Hawai’i Nei, Environmental Resource Management addressed in the EA will include: the Office of Hawaiian Affairs, the Division, Phoenix Area Office, Bureau • Biological resource effects, Hawai’i Island Burial Council, the of Reclamation, P.O. Box 9980, Phoenix, including loss of desert habitat, impacts O’ahu Burial Committee, and the Kauai/ AZ 85068–0980. The scoping meeting on plant and wildlife species, and Nihau Island Burial Council. will be held at New River Elementary special status species effects; Representatives of any other Native School, 48827 North Black Canyon • Historic and prehistoric cultural Hawaiian organization which believes Highway, New River, AZ. resource effects; itself to be culturally affiliated with • DATES: The scoping meeting to solicit Hydrology, water quality and soils these human remains should contact Dr. comments on the contents of the EA effects; Jeremy A. Sabloff, the Charles K. • will be November 2, 1996, at 10:00 a.m. Air quality and noise effects; Williams II Director, the University of • To ensure consideration in the Traffic and circulation effects; and Pennsylvania Museum of Archaeology • environmental analysis, the comments Land use and aesthetic effects. and Anthropology, 33rd and Spruce The EA will also evaluate indirect should be received by Mr. Ellis no later Streets, Philadelphia PA 19104–6324, effects of the proposed action. In than November 9, 1996. telephone: (215) 898–4051, fax: (215) addition, the EA will include a No- 898–0657, before November 14, 1996. FOR FURTHER INFORMATION CONTACT: Ms. Action Alternative. The No-Action Repatriation of the human remains to Sandra Eto, Environmental Resource Alternative represents the conditions Hui Malama I Na Kupuna ’O Hawai’i Management Division, Phoenix Area that are assumed to exist in the absence Nei, the Office of Hawaiian Affairs, the Office, Bureau of Reclamation, P.O. Box of the Federal action, and provides a Hawai’i Island Burial Council, the 9980, Phoenix, Arizona 85068–0980; basis for comparison with the proposed O’ahu Burial Committee, and the Kauai/ telephone (602) 870–6771. action. Del Webb has identified Nihau Island Burial Council as stated SUPPLEMENTARY INFORMATION: The Ak- alternative water supply options that above may begin after that date if no Chin Indian Community has agreed to could be used in the absence of the additional claimants come forward. lease between 6,000 and 10,000 acre-feet leased settlement water. Based on this Dated: October 9, 1996, per year of water to the Del Webb information, Reclamation assumes Corporation (Del Webb). Del Webb plans Francis P. McManamon, development of the Villages project will to construct a 9-mile long water delivery occur in the absence of the proposed Departmental Consulting Archeologist, pipeline from Waddell Canal to Villages action. Manager, Archeology and Ethnography at Desert Hills (Villages) project, a Reclamation is circulating this notice Program. proposed 5,661-acre future master for preparation of an EA and early [FR Doc. 96–26377 Filed 10–11–96; 8:45 am] planned community. The location of scoping because of considerable public BILLING CODE 4310±70±F Villages is approximately 3 miles north interest and the need to ensure that all Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53757 relevant issues are evaluated in the EA. discussions with BHR/FFP concerning and Host Government Recipients (which Reclamation will consult with other continuation of the project. will soon be available on the Internet). Federal, State, and local agencies with Note that Circular A–110 pertains to I. Reference Documents specific expertise regarding all U.S. Government-supported grants environmental impacts related to the A. USAID Regulation 11, Section and agreements, and HB 13 interprets project. If you would like to be placed 211.11 Suspension, termination and sections of A–110 relevant for AID- on a mailing list for any subsequent expiration of program. funded agreements. Per HB 13, close-out information, please write or telephone This section states, in pertinent parts, is defined as follows: ‘‘The closeout of Ms. Eto. that: a grant or cooperative agreement is the If an EIS is later required, ‘‘(a) Termination or Suspension by process by which AID determines that Reclamation will submit a Notice of A.I.D.** * When a program is all applicable administrative actions Intent to prepare an EIS and will terminated or suspended, title to and all required work of the grant or provide opportunity for the public to commodities which have been cooperative agreement have been submit written comments suggesting transferred to the cooperating sponsor, completed by the recipient and AID impacts and alternatives that should be or monetized proceeds, program income * * *’’ addressed in the EIS. and real or personal property procured Handbook 13 also states that ‘‘AID Dated: October 8, 1996. with monetized proceeds or program closeout procedures include the Larry D. Morton, income shall, at the written request of following requirements: Assistant Area Manager. USAID, the Diplomatic Post or AID/W, a. Upon request, AID shall make [FR Doc. 96–26297 Filed 10–11–96; 8:45 am] be transferred to the U.S. Government prompt payments to a recipient for by the cooperating sponsor or shall BILLING CODE 4310±94±P allowable reimbursable costs under the otherwise be transferred by the grant or cooperative agreement being cooperating sponsor as directed by closed out. A.I.D. Any then excess commodities on AGENCY FOR INTERNATIONAL b. The recipient shall immediately hand at the time the program is DEVELOPMENT refund any balance of unobligated terminated shall be disposed of in (unencumbered) cash that AID has Notice accordance with Section 211.5 (o) and advanced or paid and that is not (p) or as otherwise instructed by USAID authorized to be retained by the Pursuant to Section 207(d) of the or the Diplomatic Post.’’ recipient for use in other grants or Agricultural Trade and Development ‘‘(b) Expiration of Program. Upon cooperative agreements. and Assistance Act of 1954, as expiration of the approved program c. AID shall obtain from the recipient amended, (otherwise known as Pub. L. under circumstances other than those within 90 calendar days after the date of 480), notice is hereby given that the described in paragraph (a), the completion of the grant or cooperative Pub. L. 480 Title II Draft Close-Out cooperating sponsor shall deposit with agreement all financial, performance, Guidance is being made available to the U.S. Disbursing Officer, American and other reports required as the interested parties for the required thirty Embassy, with instructions to credit the condition of the grant or cooperative (30) day comment period. deposit to CCC Account No. 20FT401, agreement. AID may grant extensions Individuals who wish to receive a any remaining monetized proceeds or when requested by the recipient. copy of the draft guidelines should program income, or the cooperating d. When authorized by the grant or contact: Office of Food for Peace, Room sponsor shall obtain approval from cooperative agreements, AID shall make 323, SA–8, Agency for International AID/W for the use of such monetized a settlement for any upward or Development, Washington, D.C. 20523– proceeds or program income, or real or downward adjustments to AID’s share of 0809. Contact person: Gwen Johnson, personal property procured with such costs after these reports are received. (703) 351–0110. Individuals who have proceeds or income, for purposes e. The recipient shall account for any questions or comments on the draft consistent with those authorized for property acquired with AID funds, or guidelines, should contact Susan support from A.I.D.’’ received from the Government in Morawetz at (703) 351–0135. Based on the above, all remaining accordance with the provisions of The thirty day comment period will property, funds and commodities must begin on the date that this paragraph 1T of this chapter. be accounted for at the termination of f. In the event a final audit has not announcement is published in the the project and transferred to the USG, Federal Register. been performed prior to the closeout of unless USAID approves a plan to allow the grant or cooperative agreement, AID Dated: September 26, 1996. the Cooperating Sponsor (CS) to use or shall retain the right to recover an William T. Oliver, dispose of the assets. Thus, the close-out appropriate amount after fully Director, Office of Food for Peace. plan must be negotiated between USAID considering the recommendations on PUBLIC LAW 480, TITLE II CLOSE-OUT and the Cooperating Sponsor for the questioned costs resulting from the final PLAN GUIDANCE disposition of all remaining assets. audit.’’ Background B. OMB Circular A–110 and Handbook C. USAID Regulation 2, Overseas 13—Grants: This guidance should be used by all Shipments of Supplies by Voluntary Title II projects that are in the process In preparing the guidance, BHR/FFP Non-Profit Relief Agencies of closing out, and the documents has followed the following: Cooperating Sponsors that received described below should be used as a (1) OMB Circular A–110; PL480 funds for Ocean, Inland, Internal reference in preparing a close-out plan. (2) AID Handbook (HB) 13 for grants; Transportation, Storage and Handling Cooperating Sponsors (CSs) should plan (3) AID’s codification of OMB Circular (ITSH) should also report on the status to submit close-up plans to the Office of A–110, called 22 CFR 226; and of these funds in their close-out plans. Food for Peace (FFP) six months prior (4) AID’s Automated Directives ITSH would only apply to CSs to the expiration of the project/activity System (ADS) Chapter 591 on Financial implementing emergency rather than authorization, unless there have been Audits of USAID Contractors, Grantees development programs. USAID 53758 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Regulation 2 for Shipping should be plans. The CS should also expect to out the evaluation and if possible, attach referenced for this purpose. work closely with the Mission in the evaluation Scope of Work (SOW). determining the feasibility of various II. Regulations and Sources of USAID II. Lessons Learned close-out options. Funds Although Missions and FFP should Provide a brief summary of lessons Regulation 11 (22 CFR, Part 211) both be consulted during close-out, note learned from the project that might be pertains to use and disposition of Title that final approval of close-out plans relevant to design, implementation and II resources. However, because Reg. 11 will be carried out in accordance with evaluation of other Title II projects, does not contain specific grant the signed agreements between USAID either in the present country or others. agreement language, AID’s Handbook 13 and the Cooperating Sponsors, and III. Close-Out Schedule is typically used as guidance in the approved as follows: management of Section 202(e) grants. Title II commodities, Section 202(e), Provide a detailed implementation Thus, this handbook, any provisions monetization proceeds, and ITSH: Final plan and schedule for closing out the that are part of a CS’s grant agreement, approval will be provided by BHR/FFP project that details the disposition of as well as the 22 CFR (Part 226.71— with Mission concurrence. property and equipment; the Close Out Procedures) should be Development Assistance Funds, termination of staff; the finalization of referenced when closing out Section Including FFP-provided Institutional all audits, evaluations and required 202(e) grants and activities. Likewise, if Strengthening Grants: Final approval reports; the settling of claims; and other a CS has received Development will be provided by the cognizant grants critical activities. officer whose office awarded the grant. Assistance (DA) resources (most likely IV. Final Reports through a Mission-funded grant), the CS This would likely be the Mission (if the should use Handbook 13 and 22. CFR, funds were Mission provided) or the Provide any reports (e.g. final report, Sub-Part D for reference. Office of Procurement in AID/ Annual Results Report, Final Washington. Evaluation) required either in the Note on Relationship of This Guidance to project agreement, or in writing by Other AID Regulations and Instructions: Guidelines For Preparing Plan Grants and cooperative agreements USAID. To assist in preparation of close-out negotiated with USAID frequently contain V. Disposition of Commodities, Assets, plans for submission to Missions and standard provisions for closing them out. The Equipment, and Funds close-out provisions in these grant USAID/W, BHR/FFP is providing the agreements should be consistent with following guidance for submission of (1) Commodities: Prior to the project provisions found in the regulations and closeout plans by all CSs: completion date, all commodities handbooks cited above. The food-aid related should be distributed to the intended grants most likely to contain close-out I. Summary on Close-Out recipients. If this is not possible, the CS language include the following: Section (1) Provide a brief summary of why should propose an alternative solution, 202(e), Institutional Strengthening Grants the project is being suspended/ and advise the Mission and BHR/FFP of (ISGs), and Development Assistance Grants terminated and the implications, if any, provided by the Mission for Title II program the quantities, location and condition of support. for the country and Title II beneficiaries, the food. It is also important to note that because the project, and the CS’s in-country (2) Non-expendable property/ most food aid projects receive more than one operations. equipment procured through Section type of funding (e.g. Title II commodities, (2) Provide a brief summary of 202(e), monetization or other USAID- 202(e), ISGs, ITSH, etc.), CSs will be resources provided over the life of the provided funds: The close-out plan expected to follow the close-out regulations project by USAID, the CS, the host should include an inventory of all non- associated with each of these resources (as government, other donors and expendable property/equipment stipulated in the grant agreement or funding beneficiaries. Also briefly summarize procured with funds provided by document). The guidance contained herewith the sectors supported, and the location is not intended to replace any of the USAID, or obtained through a regulations associated with specific funding in the country where investments were monetization of Title II commodities sources, but rather to provide a format in made. with a unit acquisition cost exceeding which CSs can report to BHR/FFP and (3) Provide a brief summary (by $5000, and with a useful life estimated USAID Missions their overall plans for component if relevant) of where the to exceed two years. The CS should closing out a specific food aid program, project is at this point in meeting its describe how it proposes to dispose of regardless of the source of funding. stated goals and objectives, and where it each piece of property and what will be will be at the date of close out. III. Responsibilities Within USAID done with the proceeds if the items are (4) State whether there have been any sold. Note that BHR/FFP serves as Grants recent audits of the project (or will be) Officer for Section 202(e) grants and and the status of resolving outstanding (Note: For additional information on and definitions of non-expendable property/ handles Title II-related issues; M/OP audit recommendations. Attach a copy equipment (as defined by the U.S. serves as Grants Officer for Institutional of the audit to the close-out plan or send Government), please check OMB Circular Strengthening Grants, Matching Grants separately to the USAID Mission and 110, Subpart A and/or USAID’s 22 CFR, and other DA-funded support from BHR/FFP (if this has not already sections 226.2, 226.34 and 226.71). Washington. If grants were provided occurred). directly by Missions to CSs, the Mission (5) State whether there have been (or (3) Monetization-Generated Local grants officer will need to be consulted will be) a final or impact evaluation of Currency and Program Income on termination of the grant during close the project. If it has been completed, (a) The close-out plan should identify out. Although coordination with several attach a copy of the evaluation to the the balance of local currency and offices could be required depending close-out plan or send separately to the program income that will remain at the upon the source of funds, in all cases, USAID Mission and BHR/FFP (if this date of close out. Note that local both the Mission and BHR/FFP should has not already occurred). If an currency and program income should be consulted during close out and evaluation has not been completed but include all resources applied to receive copies of the CS’s close-out is planned, discuss briefly plans to carry implementation of the subject Title II Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53759 project, including Title II and Title III dollar resources (including interest and VII. Audit monetization proceeds, interest and reflows) that will remain at the date of reflows, container funds and beneficiary close out. If a balance is anticipated, the (a) A U.S.-based non-profit contributions. If a balance is close-out plan should include a organization is required to submit its anticipated, the close-out plan should proposed use or transfer of the OMB Circular A–133 Audits within 13 describe a proposed use or transfer of remaining dollar proceeds. Proposed months after the close of its fiscal year, the remaining monetization proceeds. uses must be consistent with those which shall be accepted as fulfilling the Proposed uses must be consistent with authorized in USAID Regulation 11. close-out audit requirements. Individual those authorized in USAID Regulation Note that because dollar resources close-out audits (of specific country 11, Section 211.5. require the greatest degree of monitoring projects) will only be requested when a (b) If USAID authorizes use of by the U.S. Government, USAID Offices specific need is identified by USAID remaining local currency and program and Missions will be encouraged not to personnel, and coordinated with the income by the cooperating sponsor, to approve the reprogramming of Office of Procurement’s Contract Audit ensure that the resources are being used remaining U.S. dollar resources after Management Branch (M/OP/PS/CAM). for the agreed-upon purpose, the CS will close-out, but rather to have these funds (Ref. ADS 591.5.8). be expected to report annually on how returned to the U.S. Government. (b) For non-U.S.-based organizations, these funds, as well as any interest and (e) If USAID should authorize the use the contract/grant officer shall reflows, are being used. USAID and the determine whether a close-out audit CS will negotiate the length of time this of remaining dollar resources by the cooperating sponsor, to ensure that the shall be conducted based on a review of annual reporting shall continue, based the organization’s audits covering all of upon what makes sense given the resources are being used for the agreed- upon purposes, the CS will be expected the fiscal year periods for the agreed-upon activities. Use of the funds agreements to be closed out. A request should also be reflected in the CS’s to report annually on how these funds, as well as any interest and reflows, are for a specific close-out audit shall be annual A–133 audit. made by USAID personnel to the For use of local currencies and being used. USAID and the CS will negotiate the length of time this annual cognizant Regional Inspector General’s program income in revolving accounts Office (Ref. ADS 591.5.8). or similar mechanisms, in addition to reporting shall continue, as well as the (c) Should an audit concern arise the aforementioned reports and audits, likelihood of on-site monitoring by the regarding receipt and disbursement of it is likely that the appropriate Food for appropriate regional or other Food For Title II program and grant funds, such Peace Officer/USAID Food Aid manager Peace Officer/USAID Food Aid records shall be retained for 3 years will have to actually monitor the manager, based upon what makes sense from the receipt by USAID of the audit account’s first use of the post-program given the agreed-upon activities. Use of report. funds (one revolution or one cycle of the the funds should also be reflected in the revolving account after close-out). CS’s annual A–133 audit. VIII. Personnel (4) Dollar resources (from Section VI. Outstanding Claims To the extent that the CS must 202(e), Mission provided Development (a) All outstanding claims resulting discharge and/or reassign staff as a Assistance (DA) funding, and Title II from damage, loss or improper result of this program termination, the Transportation Funding) distribution of commodities must be CS must comply with all discharge, (a) As stated in the background completed prior to termination of the reassignment and severance laws of the section, for any dollar resources Title II agreement. These must be done host country. The close-out plan should provided by USAID for support of food in accordance with section 211.9 of describe how this will be accomplished aid programs, the Cooperating Sponsor Regulation 11. and the associated costs. should follow any close-out guidance (b) It is recommended that before the IX. Close-Out Budget attached as standard provisions to its close-out plan is submitted, the CS The CS should provide a budget grant agreement. notify USAID (the Mission and BHR/ (b) The CS should provide detailed detailing all costs associated with close- FFP) in writing if there are losses for information on all outstanding invoices out (e.g. legal resolution of claims, which it is directly responsible pursuant that will be submitted for ocean and payment of loans, disposition of to Reg. 11, Section 211.9(d). These cases inland transportation charges applicable property, completion of audits and will need to be individually reviewed to the close-out project/activity. Only evaluations, and termination of by USAID and by the U.S. Department invoices for reported charges can be personnel). The plan should clearly of Agriculture’s (USDA’s) Office of Debt honored. identify whether these expenditures Management, which should be (c) If there are ITSH resources were planned in the original program contacted at the following: USDA Office remaining at the end of the project, budget, or whether additional resources of Debt Management, Kansas City these funds can be used in other will be needed to meet these expenses. Management Office, P.O. Box 419205, countries approved in the Procurement If the latter, the plan should describe Kansas City, MO 64141–6205, phone: Authorization and Purchase Request how the CS plans to cover these (816) 926–6158. (PA/PR). Otherwise, the ITSH funds will unanticipated expenses. be deobligated and returned to the U.S. (c) It is also advisable that before the Government. In all cases, the CS will close-out plan is submitted, the CS X. Other Relevant Information need to submit a pipeline analysis and notify the Mission and BHR/FFP if there If there is other information relevant proposal for using or returning are losses due to the fault of others, to the close-out of this Title II project remaining ITSH funds to FFP’s pursuant to Reg. 11, Section 211.9(e), which has not been requested in other Emergency Response Division, prior to and whether the CS has filed a claim, parts of this guidance, the CS should any movement of funds. made demands for collection, and provide this information under item X. (d) As with remaining monetized pursued legal action. These cases will funds, the close-out plan should have to be individually reviewed by [FR Doc. 96–26247 Filed 10–11–96; 8:45 am] identify the source and balance of all USAID and by USDA. BILLING CODE 6116±01±M 53760 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

INTERNATIONAL TRADE Yarn Producers, Gastonia, NC, alleging owners or operators of the South COMMISSION that an industry in the United States is Tacoma Field Operable Unit of the materially injured and threatened with Commencement Bay South Tacoma [Investigation No. 731±TA±751 (Preliminary)] material injury by reason of LTFV Channel Superfund Site located in imports of open-end spun rayon singles Pierce County, Tacoma, Washington Open-End Spun Rayon Singles Yarn yarn from Austria. Accordingly, (‘‘Site’’). Pursuant to Section 107(a) (1) From Austria effective August 20, 1996, the and (2) of the CERCLA, 42 U.S.C. Commission instituted antidumping 9607(a) (1) and (2), the complaint also Determination investigation No. 731–TA–751 alleges that Defendant Atlas Foundry & On the basis of the record 1 developed (Preliminary). Machine Company (‘‘Atlas’’), by in the subject investigation, the Notice of the institution of the contract, agreement, or otherwise Commission determines, pursuant to Commission’s investigation and of a arranged for disposal or treatment, or section 733(a) of the Tariff Act of 1930 public conference to be held in arranged with a transporter for transport (19 U.S.C. 1673b(a)), that there is a connection therewith was given by for disposal or treatment, of hazardous reasonable indication that an industry posting copies of the notice in the Office substances at the Site. The complaint in the United States is materially of the Secretary, U.S. International further alleges that the Environmental injured by reason of imports from Trade Commission, Washington, DC, Protection Agency (‘‘EPA’’) and the Austria of open-end spun rayon singles and by publishing the notice in the Department of Justice incurred and yarn, provided for in subheading Federal Register of August 28, 1996 (61 continue to incur costs for response 5510.11.00 of the Harmonized Tariff FR 44344). The conference was held in actions at and in connection with the Schedule of the United States, that are Washington, DC, on September 10, Site. alleged to be sold in the United States 1996, and all persons who requested the The proposed consent decree at less than fair value (LTFV). opportunity were permitted to appear in provides that the Defendants will pay person or by counsel. $2,000,000 to the United States for the Commencement of Final Phase The Commission transmitted its past costs incurred and paid by EPA and Investigation determination in this investigation to the Department of Justice through Pursuant to section 207.18 of the the Secretary of Commerce on October February 28, 1995, pay future response Commission’s rules, as amended in 61 4, 1996. The views of the Commission costs to be incurred by the U.S. and FR 37818 (July 22, 1996), the are contained in USITC Publication perform the Remedial Action as set forth Commission also gives notice of the 2999 (October 1996), entitled ‘‘Open- in the September 29, 1994 Record of commencement of the final phase of its End Spun Rayon Singles Yarn from Decision (‘‘ROD’’). The proposed investigation. The Commission will Austria: Investigation No. 731–TA–751 Consent Decree also provides that the issue a final phase notice of scheduling (Preliminary).’’ United States covenants not to sue the defendants under both Sections 106 and which will be published in the Federal Issued: October 8, 1996. Register as provided in section 207.21 107 of CERCLA, 42 U.S.C. 9606 and By order of the Commission. of the Commission’s rules upon notice 9607, and Section 7003 of the Resource from the Department of Commerce Donna R. Koehnke, Conservation and Recovery Act (Commerce) of an affirmative Secretary. (‘‘RCRA’’), 42 U.S.C. 6973. preliminary determination in the [FR Doc. 96–26251 Filed 10–11–96; 8:45 am] The Department of Justice will investigation under section 733(b) of the BILLING CODE 7020±02±P receive, for a period of thirty (30) days Act, or, if the preliminary determination from the date of this publication, is negative, upon notice of an comments relating to the proposed affirmative final determination in that DEPARTMENT OF JUSTICE consent decree. The Department will investigation under section 735(a) of the also schedule a public meeting in the Act. Parties that filed entries of Notice of Lodging of Consent Decree affected area, if requested, in accordance appearance in the preliminary phase of Pursuant to the Comprehensive with Section 7003(d) of RCRA. Comments and/or a request for a RCRA the investigation need not enter a Environmental Response, public meeting should be addressed to separate appearance for the final phase Compensation, and Liability Act the Assistant Attorney General for the of the investigation. Industrial users, In accordance with Departmental Environment and Natural Resources and, if the merchandise under policy, 28 C.F.R. 50.7 and 42 U.S.C. Division, Department of Justice, investigation is sold at the retail level, 9622(d)(2), notice is hereby given that a Washington, D.C. 20530, and should representative consumer organizations proposed consent decree in United refer to United States v. Burlington have the right to appear as parties in States v. Burlington Northern Railroad Northern Railroad Co., DOJ Ref. Commission antidumping Co., Civil Action No. C–96–5871–FDB, #90±11±3±1516. investigations. The Secretary will was lodged on September 30, 1996 with The proposed consent decree may be prepare a public service list containing the United States District Court for the examined at the Office of the United the names and addresses of all persons, Western District of Washington. In a States Attorney, 3600 Seafirst Fifth or their representatives, who are parties complaint filed contemporaneously Avenue Plaza, 800 Fifth Avenue, to the investigation. with the lodging of the proposed Seattle, Washington 98104; the Region X Background consent decree, the United States Office of the Environmental Protection On August 20, 1996, a petition was alleged that Defendants Burlington Agency, 1200 Sixth Avenue, Seattle, filed with the Commission and the Northern Railroad Company (‘‘BNRC’’), Washington 98101; and at the Consent Department of Commerce by the Ad Hoc BN Leasing Corporation (‘‘BN’’), Amsted Decree Library, 1120 G Street, N.W., 4th Committee of Open-End Spun Rayon Industries Incorporated (‘‘Amsted’’), Floor, Washington, D.C. 20005, (202) Pioneer Builders Supply, Inc. (‘‘PBS’’), 624–0892. A copy of the proposed 1 The record is defined in sec. 207.2(f) of the South Tacoma L.L.C. (‘‘STLLC’’), and consent decree may be obtained in Commission’s Rules of Practice and Procedure (19 the City of Tacoma, Department of person or by mail from the Consent CFR 207.2(f)). Public Utilities (‘‘TPU’’) are liable as Decree Library, 1120 G Street, N.W., 4th Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53761

Floor, Washington, D.C. 20005. In CERCLA, 42 U.S.C. 9607(a)(3). The appendices, payable to the Consent requesting a copy please refer to the complaint further alleges that the Decree Library. referenced case and enclose a check in Environmental Protection Agency Bruce S. Gelber, the amount of $27.25 (25 cents per page (‘‘EPA’’) and the Department of Justice Deputy Chief, Environmental Enforcement reproduction costs), for a copy of the incurred and continue to incur costs for Section. consent decree only or $107.25, for a response actions at and in connection [FR Doc. 96–26282 Filed 10–11–96; 8:45 am] copy of the consent decree with with the Site. appendices, payable to the Consent BILLING CODE 4410±01±M Decree Library. The proposed consent decree Bruce S. Gelber, provides that the Defendants will pay $769,385 to the United States for the Drug Enforcement Administration Deputy Chief, Environmental Enforcement Section. past costs incurred and paid by EPA and the Department of Justice prior to March Importer of Controlled Substances; [FR Doc. 96–26283 Filed 10–11–96; 8:45 am] Notice of Registration BILLING CODE 4410±01±M 21, 1996, pay $200,000 for future response costs to be incurred by the U.S. By Notice dated July 25, 1996, and and perform the Remedial Action as set published in the Federal Register on Notice of Lodging of Consent Decree forth in the March 31, 1993 Record of July 31, 1996, (61 FR 39986), Bridgeway Pursuant to the Comprehensive Decision, as modified by the January 30, Trading Corporation, 7401 Metro Blvd., Environmental Response, 1996 Explanation of Significant Suite 480, Minneapolis, Minnesota Compensation, and Liability Act Difference (‘‘ROD’’). The proposed 55439, made application to the Drug (CERCLA) Consent Decree also provides that the Enforcement Administration (DEA) to In accordance with Departmental United States covenants not to sue the be registered as an importer of policy, 28 CFR 50.7, and 42 U.S.C. defendants under both Sections 106 and marihuana (7360), a basic class of 9622(d)(2), notice is hereby given that a 107 of CERCLA, 42 U.S.C. 9606 and controlled substance listed in Schedule proposed consent decree in United 9607, and Section 7003 of the Resource I, as seed which will be rendered non- States v. Eveready Battery Company, Conservation and Recovery Act viable and used as bird food. Inc., Civil Action No. 1–96CV–10041, (‘‘RCRA’’), 42 U.S.C. 6973. No comment or objections have been was lodged on September 27, 1996 with The Department of Justice will received. DEA has considered the the United States District Court for the receive, for a period of thirty (30) days factors in Title 21, United States Code, Southern District of Iowa, Western from the date of this publication, Section 823(a) and determined that the Division. In a complaint filed comments relating to the proposed registration of Bridgeway Trading contemporaneously with the lodging of consent decree. The Department will Corporation to import marihuana is the proposed consent decree, the United also schedule a public meeting in the consistent with the public interest and States alleged that Defendants R. John affected area, if requested, in accordance with United States obligations under Swanson and Blanche Kinnison, Co- international treaties, conventions, or executors of the Estate of Lowell G. with Section 7003(d) of RCRA. Comments and/or a request for a RCRA protocols in effect on May 1, 1971, at Kinnison, and Blanche I. Kinnison are this time. Therefore, pursuant to Section liable as owners of the Red Oak Landfill public meeting should be addressed to the Assistant Attorney General for the 1008(a) of the Controlled Substances Superfund Site located in Montgomery Import and Export Act and in Environment and Natural Resources County, Iowa (‘‘Site’’) pursuant to accordance with Title 21, Code of Division, Department of Justice, Section 107(a)(1) of CERCLA, 42 U.S.C. Federal Regulations, Section 1311.42, 9607(a)(1). The complaint alleges that Washington, D.C. 20530, and should the above firm is granted registration as defendant City of Red Oak is liable as refer to United States v. Eveready # an importer of the basic class of a former owner and operator of the Site Battery Company, Inc., DOJ Ref. 90– controlled substance listed above. pursuant to Section 107(a)(2) of 11–2–927. Dated: September 19, 1996. CERCLA, 42 U.S.C. 9607(a)(2). The The proposed consent decree may be complaint also alleges that Defendants examined at the Office of the United Gene R. Haislip, Douglas & Lomason Co. and Uniroyal, States Attorney, U.S. Courthouse Deputy Assistant Administrator, Office of Inc. by contract, agreement, or otherwise Diversion Control, Drug Enforcement Annex, 110 East Court Avenue, Suite arranged for disposal or treatment, or Administration. 286, Des Moines, Iowa 50309–2053; the arranged with a transporter for transport [FR Doc. 96–26319 Filed 10–11–96; 8:45 am] Region VI Office of the Environmental for disposal or treatment, of hazardous BILLING CODE 4410±09±M substances at the Site and are liable Protection Agency, 726 Minnesota pursuant to Section 107(a)(3) of Avenue, Kansas City, Kansas 66101; and CERCLA, 42 U.S.C. 9607(a)(3). The at the Consent Decree Library, 1120 G Manufacturer of Controlled complaint also alleges that Defendants Street, N.W., 4th Floor, Washington, Substances; Notice of Registration Eveready Battery Company, Inc., D.C. 20005, (202) 624–0892. A copy of Ralston Purina Company, Bangor Punta the proposed consent decree may be By Notice dated June 27, 1996, and Diversified Holdings Corp., Uniroyal obtained in person or by mail from the published in the Federal Register on Holdings, Inc., and Universal Consent Decree Library, 1120 G Street, July 5, 1996, (61 FR 35265), Dupont Cooperatives, Inc., are successors to and N.W., 4th Floor, Washington, D.C. Pharmaceuticals, The Dupont Merck assumed liability for persons who by 20005. In requesting a copy please refer Pharmaceutical Company, 1000 Stewart contract, agreement, or otherwise to the referenced case and enclose a Avenue, Garden City, New York 11530, arranged for disposal or treatment, or check in the amount of $26.00 (25 cents made application to the Drug arranged with a transporter for transport per page reproduction costs), for a copy Enforcement Administration (DEA) for for disposal or treatment, of hazardous of the consent decree only or $36.75, for registration as a bulk manufacturer of substances at the Site and are liable a copy of the consent decree with the basic classes of controlled pursuant to Section 107(a)(3) of substances listed below: 53762 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Sched- to determine whether the Respondent’s necessary monitors are available at his Drug ule DEA Certificate of Registration new employment. On December 6, 1995, (BS0321430) should be modified or the Administrative Law Judge issued an Oxycodone (9143) ...... II transferred from Arizona to Michigan, or Addendum to his Recommended Ruling Hydrocodone (9193) ...... II whether such action should be denied dated May 30, 1995, recommending that Oxymorphone (9652) ...... II for reasons that the Respondent’s Respondent be allowed to continue his No comments or objections have been continued registration with DEA as a DEA registration provided that the received. DEA has considered the practitioner is inconsistent with the nearest DEA office approve the factors in Title 21, United States Code, public interest as determined pursuant monitoring conditions at any new place Section 823(a) and determined that the to 21 U.S.C. 823(f) and 825(a)(4). Both of employment. No exceptions were registration of Dupont Pharmaceuticals parties called witnesses to testify and filed to the Addendum and the record to manufacture the listed controlled introduced documentary evidence. After was again transmitted to the Deputy substances is consistent with the public the hearing, both sides submitted Administrator on May 16, 1996. The Acting Deputy Administrator has interest at this time. Therefore, pursuant proposed findings of fact, conclusions of considered the record in its entirety, to 21 U.S.C. 823 and 28 CFR 0.100 and law and argument. On May 30, 1995, and pursuant to 21 CFR 1316.67, hereby 0.104, the Deputy Assistant Judge Tenney issued his Findings of issues his final order based upon Administrator, Office of Diversion Fact, Conclusions of Law, and findings of fact and conclusions of law Control, hereby orders that the Recommended Ruling, recommending as hereinafter set forth. The Acting application submitted by the above firm that the Deputy Administrator grant the Deputy Administrator adopts, with for registration as a bulk manufacturer Respondent’s request to modify his DEA noted exceptions, the opinion and of the basic classes of controlled Certificate of Registration (BS0321430) recommended ruling of the substances listed above is granted. so that it may be transferred from Arizona to Michigan, and to impose Administrative Law Judge, and his Dated: September 25, 1996. certain conditions on the registration. adoption is in no manner diminished by Gene R. Haislip, Judge Tenney’s recommended any recitation of facts, issues and Deputy Assistant Administrator, Office of conditions for the registration conclusions herein, or of any failure to Diversion Control, Drug Enforcement mention a matter of fact or law. Administration. contemplated that the Respondent would continue to be employed at The Acting Deputy Administrator [FR Doc. 96–26320 Filed 10–11–96; 8:45 am] Hackley Occupational Health Clinic finds that on November 25, 1980, a ten- BILLING CODE 4410±09±M (HOHC), his place of employment at the count indictment was filed against the time of the hearing, or at another facility Respondent in the United States District Court for the District of Arizona. Six of [Docket No. 954±15] approved by DEA that would provide a the ten counts alleged mail fraud in structured environment similar to violation of 18 U.S.C. 1341 with respect Michael J. Septer, D.O., Grant of HOHC. Neither party filed exceptions to to certain Medicare claims filed by the Request To Modify Continuation of the Administrative Law Judge’s Respondent. The remaining counts Registration With Restrictions decision, and on June 29, 1995, Judge alleged insurance fraud in violation of Tenney transmitted the record of these On November 4, 1993, the then- 42 U.S.C. § 1395nn, in that Respondent proceedings to the Deputy Director, Office of Diversion Control, attempted to secure payment for Administrator. Drug Enforcement Administration ‘‘medical services never performed and (DEA), issued an Order to Show Cause By letter dated October 23, 1995, an medical supplies never placed, rented to Michael James Septer, D.O. attorney representing HOHC notified the or purchased . .. .’’ On May 4, 1981, (Respondent) at two locations in Deputy Administrator that the HOHC following a jury trial, the Respondent Tucson, Arizona and one location in Vice President, who testified at the was convicted of the six mail fraud Sierra Vista, Arizona, notifying him of hearing on behalf of the Respondent and counts. The court suspended imposition an opportunity to show cause as to why who was in charge of monitoring the of sentence for a period of three years, DEA should not revoke his DEA Respondent at HOHC, was no longer placed the Respondent on probation Certificates of Registration (BS0321454, employed by HOHC. In addition, the during that time, and ordered that he BS0321430 and BS0321442) under 21 letter indicated that Respondent and spend one day per week for one year U.S.C. 824(a)(4), and deny any request HOHC have voluntarily terminated their furnishing community service without to modify such registrations by changing employment agreement. On November compensation. There is little evidence the registered address, and deny any 1, 1995, the Deputy Administrator in the record as to the underlying facts pending applications for renewal of returned the record to the that led to Respondent’s convictions. such registrations as a practitioner Administrative Law Judge, along with a The Respondent however, testified at under 21 U.S.C. 823(f), as being copy of the October 23, 1995 letter from the hearing that the convictions were inconsistent with the public interest. the HOHC attorney, and requested that the result of his making up permanent By letter dated December 2, 1993, the Judge Tenney reopen the record to add placement dates for transcutaneous Respondent filed a timely request for a this letter and to take whatever other electrical nerve stimulators (TENS) to hearing, and following prehearing actions he deemed necessary to consider assure prospectively that he was procedures, a hearing was held in Grand the information contained in the letter. reimbursed when the TENS were Rapids, Michigan on February 28, 1995, By order dated November 1, 1995, Judge actually placed on his patients. before Administrative Law Judge Paul Tenney included the letter in the record As a result of his mail fraud A. Tenney. At the hearing, the parties and allowed the parties to notify him of convictions, on October 21, 1981, the agreed that two of the DEA registrations their recommendations on how to Board of Osteopathic Examiners of the that were the subject of the proceedings proceed in light of the HOHC’s letter. State of Arizona placed the (BS0321454 and BS0321442) had Respondent was the only party to file a Respondent’s license to practice terminated as a matter of law pursuant response and submitted a letter osteopathic medicine on probation for to 21 CFR 1301.62. Consequently, the requesting that he be allowed to three years to run concurrently with the scope of the proceedings was narrowed continue his DEA registration until the criminal probation. Also as a result of Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53763 his convictions, on December 9, 1981, instance, the Respondent was satisfied’’, and felt no further action was the Respondent was suspended from prohibited from prescribing, necessary. participation in the Medicare program administering, dispensing, or possessing By November of 1992, the Respondent by the United States Department of any Schedule II controlled substances decided not to return to Arizona, since Health and Human Services (HHS). for purposes of weight reduction or a bench warrant had been issued for Recognizing that the offenses were not control of obesity. The Respondent spousal maintenance and child support of long duration and there were no further agreed that when prescribing, arrearages. Respondent testified at the adverse impacts on program patients, administering and/or dispensing hearing before Judge Tenney that all Respondent’s Medicare privileges were Schedule III, IV and V controlled attempts to obtain physician coverage restored. substances for purposes of weight for his Arizona practice were On July 1, 1981, the United States of reduction or control of obesity, he unsuccessful. He then contacted the America filed a civil complaint against would be limited to periods of time as Arizona Nursing Board (Nursing Board) the Respondent in the United States recommended in the current Physicians’ and based upon information from the District Court for the District of Arizona Desk Reference (PDR), and that the Nursing Board, Respondent believed seeking a judgment in excess of $44,000 phrase ‘‘short term’’ as used in the PDR that it was permissible for a nurse based upon Respondent’s filing of will mean up to eight weeks. In practitioner to dispense controlled fourteen false, fictitious, and fraudulent addition, Respondent agreed to conduct substances without a physician present. Medicare claims. On January 11, 1982, accountability audits on a daily basis, According to the Respondent the the court approved a consent judgment and to notify the DEA investigator of Nursing Board stated that: (1) a nurse whereby the Respondent agreed to pay any change in his business addresses. practitioner, duly licensed in the State a civil fine of $8,265.60. Following execution of the of Arizona, is permitted to prescribe and In 1987, based upon reports that Memorandum of Agreement, in dispense controlled substances; (2) the Respondent was excessively purchasing September 1992, Respondent moved to presence of a physician on site would anorectic controlled substances, DEA Mississippi and commuted to his not be required; and (3) nurse and the Board of Osteopathic Examiners practice in Arizona. On October 8, 1992, practitioners are able to conduct their of the State of Arizona (BOE) initiated Respondent sought medical licensure in own practices without the supervision an investigation of Respondent. On the State of Mississippi. On the of a physician. Respondent then hired a September 28, 1988, pursuant to an licensure questionnaire, Respondent nurse practitioner, who was left in administrative inspection warrant, DEA charge of his Arizona office, and denied ever having his DEA Certificate and BOE investigators conducted an controlled substances were dispensed of Registration revoked or restricted accountability audit at Respondent’s without the direct supervision of the even though his DEA registration was office located at 344 West Ajo, Tucson, Respondent. Arizona, covering the period February 1, restricted approximately eight months On December 7, 1992, investigators of 1987 through September 28, 1988. The earlier when the Memorandum of DEA and BOE went to Respondent’s audit revealed a shortage of Agreement was executed. As a result of Arizona office to investigate whether approximately 190,000 to 203,000 his responses, the Mississippi State controlled substances were being dosage units of Schedule III and IV Board of Medical Licensure (Mississippi dispensed without a physician on the controlled substances, recordkeeping Board) issued a letter to Respondent premises. An individual, identified as deficiencies and security violations. As dated December 18, 1992, advising him Respondent’s advisor, was present and a result of the audit, on April 11, 1989, that if he wished to pursue his the investigators provided him with a a civil complaint was filed against application for licensure in Mississippi copy of Arizona Revised Statutes § 32– Respondent, doing business as Tucson an ‘‘Order to Show Cause’’ would be 1871(D) which states that a physician Family Practice Clinic, in the United issued. Respondent testified at the ‘‘shall provide direct supervision of a States District Court for the District of hearing that he attempted to honestly nurse or attendant involved in the Arizona, seeking civil penalties in complete the Mississippi licensure dispensing process.’’ The section further excess of $375,000 for violations of the questionnaire, however, in light of the provides that the term ‘‘ ‘direct Controlled Substances Act. A consent Mississippi Board’s letter, he decided to supervision’ means that a physician is judgment was approved on December move to Michigan rather than pursue present and makes the determination as 18, 1989, in which the Respondent medical licensure in Mississippi. to the legitimacy or the advisability of admitted various allegations in the On October 20, 1992, Respondent the drugs . . . to be dispensed.’’ The complaint and the United States agreed contacted DEA and expressed concern investigators advised the individual that to dismiss the other counts with that one of his employees at his Arizona Respondent’s office should be shut prejudice. Subsequently, on March 13, office may have diverted controlled down since controlled substances were 1990, the court ordered that Respondent substances. Consequently, DEA being dispensed without a physician pay a civil penalty of $40,000. investigators went to Respondent’s present. The individual stated that he After completion of the civil Arizona clinic on October 26, 1992, to and Respondent had done extensive proceedings, on May 4, 1990, DEA conduct an accountability audit. The research and did not believe that there issued an Order to Show Cause employee present during the audit was any violation of the law. proposing to revoke Respondent’s DEA indicated that she had been instructed Based upon conversations with Certificate of Registration. A hearing by Respondent to cooperate fully in the Respondent’s advisor, members of was held before an Administrative Law investigation. The audit covered an Respondent’s staff, and a review of the Judge in September 1991. No decision approximate 10 month period in 1992 records maintained at Respondent’s was rendered by the Administrative and revealed a shortage of 56 dosage office, the investigators discovered that Law Judge, since the parties entered into units. At the hearing in this matter, the controlled substances had in fact been a Memorandum of Agreement in early DEA investigator described the shortage dispensed from Respondent’s Arizona 1992. The agreement permitted the as ‘‘very good for that length of time office without a physician present; that Respondent to retain his DEA with the quantity that he was anorectics had been dispensed for registration subject to certain terms and dispensing; very good.’’ The investigator periods longer than eight weeks in conditions for a period of two years. For also indicated that he was ‘‘very violation of the Memorandum of 53764 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Agreement; and that audits were not At the time of the hearing before Pursuant to 21 U.S.C. 823(f) and consistently taken on a daily basis also Judge Tenney, Respondent was working 824(a)(4), the Deputy Administrator may in violation of the Memorandum of at HOHC. The Vice President of revoke a DEA Certificate of Registration Agreement. In addition, the Operations for HOHC (Vice President) and deny any pending applications, if investigators discovered that in testified on behalf of Respondent at the he determines that the continued Respondent’s absence, employees were hearing, and candidly stated that ‘‘[the registration would be inconsistent with dispensing controlled substances to Respondent] has made a lot of glaring the public interest. Section 823(f) each other and to family members. mistakes * * *. I would even go so far requires that the following factors be During the course of the investigation, as to say they’ve been real dumb.’’ considered: it was also revealed that between March Nonetheless, the Vice President testified (1) The recommendation of the 1, 1993, and August 26, 1993, while in that he was impressed with appropriate State licensing board or Michigan, the Respondent wrote or Respondent’s abilities; that Respondent professional disciplinary authority. authorized 96 prescriptions for ‘‘does occupational medicine very (2) The applicant’s experience in controlled substances using DEA well’’; that Respondent is a ‘‘quality dispensing, or conducting research with Certificate of Registration BS0321430 physician’’; that Respondent ‘‘relates to respect to controlled substances. issued to him in Arizona. Respondent people [and h]e knows what he’s (3) The applicant’s conviction record failed to notify DEA of his change of doing’’; and that his diagnoses are under Federal or State laws relating to address to Michigan in violation of the ‘‘fine’’. the manufacture, distribution, or Memorandum of Agreement and failed dispensing of controlled substances. The Vice President testified that (4) Compliance with applicable State, to obtain a modification of his Respondent’s lack of a DEA registration Federal, or local laws relating to registration to change the address to is ‘‘somewhat limiting’’, and if controlled substances. Michigan before writing or authorizing Respondent’s request for modification (5) Such other conduct which may these prescriptions. Respondent were granted, HOHC would be willing threaten the public health or safety. testified at the hearing in this matter to comply with any type of auditing or These factors are to be considered in the that he thought ‘‘that all of his monitoring systems that would enable disjunctive; the Deputy Administrator credentials were in place for practicing Respondent to handle controlled may rely on any one or a combination medicine and prescribing’’ in Michigan, substances at HOHC. Respondent, when of factors and may give each factor the and that he ‘‘would never have written testifying about his past and current weight he deems appropriate in any of those prescriptions at Sparta employment, stated that he was not determining whether a registration Health Center [in Michigan] had I interested in dispensing controlled should be revoked or an application for known my control [sic] substance substances anymore and he will ‘‘never registration be denied. See Henry J. number was not yet valid.’’ again’’ take on that degree of Schwarz, Jr., M.D., Docket No. 88–42, 54 Subsequently, in August 1993, the responsibility that was associated with FR 16,422 (1989). DEA investigators contacted the his former position as medical director In this case, factors one, two, four and Respondent and advised him of the of a multi-location facility. However, five are relevant in determining whether violations of the Memorandum of subsequent to the hearing, an attorney the Respondent’s continued registration Agreement. During the conversation, representing HOHC informed DEA in a would be inconsistent with the public Respondent denied responsibility for letter dated October 23, 1995, that the interest. As to factor one, what had occurred at the Arizona clinic Respondent and the Vice President were ‘‘recommendation of the appropriate when he was not present. At the hearing no longer employed by HOHC. licensing board * * *,’’ in 1981, the before Judge Tenney however, Documentary evidence is in the Arizona Board of Osteopathic Respondent partly blamed incorrect record that indicates that Respondent Examiners placed Respondent’s license advice of counsel for his actions, but falsified two of his applications filed on probation for three years, based upon also admitted failing to focus on his with DEA. On his December 18, 1990 his mail fraud convictions. However, responsibilities, and that he ‘‘should application for registration, and his the Acting Deputy Administrator have kept a closer look over . . . the February 13, 1992 renewal application, attaches very little significance to this control logs.’’ Almost immediately after Respondent answered ‘‘No’’ to the action since it occurred approximately being contacted by DEA, the question which asks whether his State 15 years ago and did not involve his Respondent requested modification of professional license was ever ‘‘revoked, handling of controlled substances. The his DEA registrations to Michigan. suspended, denied, restricted or placed State of Arizona did file a complaint During the hearing, the DEA on probation,’’ when in fact his license against the Respondent in 1995, investigator acknowledged that he and to practice osteopathic medicine had however, there is no evidence in the the Respondent have always had a good been placed on probation for three years record as to the disposition. In addition, working relationship, and have in 1981. In addition, on his February 13, there is no evidence in the record that exhibited a spirit of cooperation and 1992 renewal application, Respondent the State of Michigan has taken any forthrightness in their dealings with one answered ‘‘No’’ to the question which action against Respondent’s license to another. He further indicated that they asks whether his Federal controlled practice osteopathic medicine in that have ‘‘always tried to accommodate substance registration was ‘‘revoked, state. Thus the Acting Deputy each other.’’ suspended, restricted or denied’’. Administrator concludes that factor one On the day of the hearing, the Arizona Technically, there was no falsification is of little relevance in determining the Board of Osteopathic Examiners served regarding this answer since the public interest in this case. a complaint upon the Respondent. The Memorandum of Agreement which As to factor two, the Respondent’s complaint was based, in part, on the imposed restrictions on Respondent’s ‘‘experience in dispensing * ** Respondent’s failure to directly DEA registration, while signed by controlled substances,’’ the Acting supervise his employees in late 1992. Respondent on January 7, 1992, was not Deputy Administrator agrees with Judge However, there is nothing in the record actually fully executed until February Tenney’s conclusion that ‘‘[i]t is readily to indicate the disposition of this 24, 1992, after the renewal application apparent from the evidence that the complaint. was submitted. Respondent has demonstrated an Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53765 inability to dispense controlled and that he ‘‘has attempted to shift the However, the Acting Deputy substances as part of his medical blame to [others] for his predicament.’’ Administrator concludes that with these practice.’’ The 1988 audit revealed However, as Judge Tenney noted in his restrictions in place, it is unnecessary significant overages and shortages of opinion, ‘‘[a]lthough the Respondent for the Respondent to obtain DEA’s various Schedule III and IV substances, partly blamed improper advice of prior approval regarding the specific as well as other recordkeeping and counsel for his decisions, he also setting in which he handles controlled security violations, resulting in admitted failing to focus on his substances as was recommended by Respondent’s payment of a $40,000 civil responsibilities, and that he ‘should Judge Tenney. penalty. Although, a subsequent audit have kept a closer look over * * * the The Acting Deputy Administrator in 1992 revealed a shortage of 56 dosage control logs.’ ’’ In addition, the concludes that the modification of units over a 10 month period, which Respondent’s testimony at the hearing Respondent’s DEA Certificate of according to the DEA investigator, who indicated that he recognizes that he had Registration (BS0321430) from Arizona testified at the hearing, was ‘‘very good problems with dispensing controlled to Michigan is in the public interest for that length of time with the quantity substances, and consequently is not with the following limitations placed [Respondent] was dispensing,’’ interested in dispensing controlled upon the registration: Respondent continued to have other substances in the future. The Acting (1) The Respondent’s controlled problems with his dispensing of Deputy Administrator concludes that substance handling authority shall be controlled substances. He violated the the evidence does not support the limited to the writing of prescriptions Memorandum of Agreement by failing Government’s contentions regarding for Schedule III, IV and V controlled to conduct daily audits of the factor five. substances only. He shall not dispense, dispensing of controlled substances The Acting Deputy Administrator administer, possess, or store any from his Arizona office, and by agrees with Judge Tenney’s conclusion controlled substances. The only dispensing controlled substances to that factors one and five are of little exception to this limitation is that the individuals for weight reduction or significance, but that the Government Respondent may possess controlled control of obesity for longer than eight has established a prima facie case substances which are medically weeks. Additionally, he allowed the regarding the relevance of factors two necessary for his own use and which he employees at his Arizona office to and four in determining the public has obtained lawfully from another duly dispense controlled substances without interest. Therefore, grounds exist to authorized physician. revoke or suspend the Respondent’s adequate supervision. Respondent (2) The Respondent shall maintain a registration as inconsistent with the testified at the hearing that based upon log of all prescriptions that he issues. At public interest. In addition, based upon advice he received from the Arizona a minimum, the log shall indicate the Respondent’s material falsification of Nursing Board he did not think that he date that the prescription was written, his December 18, 1990 and February 13, needed to be present when controlled the name of the patient for whom it was 1992 applications for DEA registration, substances were dispensed and thought written, and the name and dosage of the grounds exist to revoke his registration that it was permissible to leave a nurse controlled substance(s) prescribed. The practitioner in charge of his Arizona pursuant to 21 U.S.C. 824(a)(1). Respondent shall maintain this log for a practice. This however does not justify The Acting Deputy Administrator period of three years from the effective his cavalier behavior. In fact, the concludes that neither complete date of this final order. Upon request by Respondent himself readily concedes revocation nor any unrestricted the Special Agent in Charge of the DEA that he ‘‘should have kept a closer look registration is in the public interest at Detroit Field Division, or his designee, over * * * the control logs.’’ Thus, this time. Respondent has clearly had the Respondent shall submit or factor three is significant in evaluating problems with the handling of otherwise make available his the public interest in this case. controlled substances in the past, As to factor four, the Respondent’s however, most, if not all of those prescription log for inspection. ‘‘[c]ompliance with applicable State, problems stemmed from his significant (3) By the effective date of this final Federal, or local laws relating to responsibilities at his prior private order, the Respondent shall notify the controlled substances’’, the Respondent practice or from his dispensing of Special Agent in Charge of the DEA violated Arizona Revised Statutes § 32– controlled substances. Judge Tenney Detroit Field Division, or his designee, 1871, by failing to provide direct recommended that Respondent’s of his place of employment at that time. supervision to his employees that registration not be revoked, but instead Thereafter, the Respondent shall dispensed controlled substances. In be restricted, inter alia, to the closely immediately notify the Special Agent in addition, the Acting Deputy monitored prescribing of Schedule III, Charge of the DEA Detroit Field Administrator finds that Respondent IV and V controlled substances at Division, or his designee, of any changes violated 21 CFR 1301.71 by failing to HOHC, or at another DEA approved in his employment. ‘‘provide effective controls and facility. As the letter HOHC attorney (4) These restrictions shall remain in procedures to guard against theft and indicated, the Respondent is no longer effect for three years from the effective diversion of controlled substances.’’ In employed at HOHC. The Acting Deputy date of this final order. evaluating a registrant’s practice, a Administrator agrees that strict controls Accordingly, the Acting Deputy consideration is ‘‘[t]he adequacy of must be imposed upon the Respondent’s Administrator of the Drug Enforcement supervision over employees having registration. This ‘‘will allow the Administration, pursuant to the access to * * * storage areas.’’ 21 CFR Respondent to demonstrate that he can authority vested in him by 21 U.S.C. 823 1301.71(b)(11). Consequently, factor responsibly handle controlled and 824 and 28 CFR 0.100(b) and 0.104, four is relevant in determining whether substances in his medical practice, yet hereby orders that DEA Certificate of Respondent’s continued registration is simultaneously protect the public by Registration BS0321430, issued to inconsistent with the public interest. providing a mechanism for rapid Michael J. Septer, D.O., be modified by As to factor five, the Government detection of any improper activity transferring it to Michigan, and any argues that Respondent has ‘‘not related to controlled substances.’’ pending applications be granted, with demonstrated an ability to accept the Steven M. Gardner, M.D., Docket No. the above restrictions. This order is responsibilities of a DEA registration,’’ 85–26, 51 Fed. Reg. 12,576 (1986). effective November 14, 1996. 53766 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Dated: October 8, 1996. e.g., permitting electronic submission of Juvenile Corrections Organization James S. Milford, responses. Survey. Acting Deputy Administrator. Overview of this information collection: The Department of Justice, Office of [FR Doc. 96–26321 Filed 10–11–96; 8:45 am] Justice Programs, Office of Juvenile BILLING CODE 4410±09±M (1) Title of the Form/Collection: Application—Alternative Inspection Justice and Delinquency Prevention has Services. submitted the following information collection request to the Office of Immigration and Naturalization Service (3) Agency form number, if any, and Management and Budget (OMB) for the applicable component of the review and clearance in accordance Agency Information Collection Department of Justice sponsoring the with emergency review procedures of Activities: Proposed Collection: collection: Form I–823. Inspections the Paperwork Reduction Act of 1995. Comments Requested Division, Immigration and The proposed information collection is Naturalization Service. ACTION: Notice of information collection published to obtain comments from the (4) Affected public who will be asked under emergency review. public and affected agencies. Emergency or required to respond, as well as a brief review and approval of this collection abstract: Primary: Individuals or The Department of Justice, has been requested from OMB by Households. The collected data will be Immigration and Naturalization Service November 1, 1996. If granted, the used to determine eligibility for has submitted the following information emergency approval is only valid for automated inspections programs and to collection request to the Office of 180 days. Comments should be directed secure those data elements necessary to Management and Budget (OMB) for to OMB, Ms. Victoria Wassmer, 202– confirm enrollment at the time of review and clearance in accordance 395–5871, Office of Information and application for admission to the United with the emergency review procedures Regulatory Affairs, Attention: States. of the Paperwork Reduction Act of 1995. Department of Justice Desk Officer, (5) An estimate of the total number of The proposed information collection is Washington, DC, 20503. published to obtain comments from the respondents and the amount of time During the first 60 days of this same public and affected agencies. Emergency estimated for an average respondent to period a regular review of this collection review and approval of this collection respond: 500,000 respondents at 70 is also being undertaken. Comments are has been requested from OMB by minutes per response. encouraged and will be accepted until October 10, 1996. If granted, the (6) An estimate of the total public December 16, 1996. Request written emergency approval is only valid for burden (in hours) associated with the comments and suggestions from the 180 days. Comments should be directed collection: 583,000 annual burden public and affected agencies concerning to OMB, Office of Information and hours. the proposed collection of information. Regulatory Affairs, Attention: Ms. If you have additional comments, Your comments should address one or Deborah Bond, 202–395–7316, suggestions, or need a copy of the more of the following four points: Department of Justice Desk Officer, proposed information collection (1) evaluate whether the proposed Washington, DC, 20503. instrument with instructions, or collection of information is necessary During the first 60 days of this same additional information, please contact for the proper performance of the period a regular review of this Mr. Richard A. Sloan, 202–616–7600, functions of the agency, including information collection is also being Director, Policy Directives and whether the information will have undertaken. Comments are encouraged Instructions Branch, Immigration and practical utility; and will be accepted until December 16, Naturalization Service, U.S. Department (2) evaluate the accuracy of the 1996. Request written comments and of Justice, Room 5307, 425 I Street, NW., agencies estimate of the burden of the suggestions from the public and affected Washington, DC 20536. proposed collection of information, agencies concerning the proposed If additional information is required including the validity of the collection of information. Your contact: Mr. Robert B. Briggs, 202–514– methodology and assumptions used; comments should address one or more 4319, Department Clearance Officer, (3) enhance the quality, utility, and of the following four points. United States Department of Justice, clarity of the information to be (1) Evaluate whether the proposed Information Management and Security collected; and collection of information is necessary Staff, Justice Management Division, (4) minimize the burden of the for the proper performance of the Suite 850, Washington Center, 1001 G collection of information on those who functions of the agency, including Street, NW, Washington, DC 20530. are to respond, including through the whether the information will have Dated: October 9, 1996. use of appropriate automated, practical utility; Robert B. Briggs, electronic, mechanical, or other (2) Evaluate the accuracy of the technological collection techniques or agencies estimate of the burden of the Department Clearance Officer, United States Department of Justice. other forms of information technology, proposed collection of information, e.g., permitting electronic submission of [FR Doc. 96–26326 Filed 10–11–96; 8:45 am] including the validity of the responses. methodology and assumptions used; BILLING CODE 4410±18±M Overview of this information (3) Enhance the quality, utility, and collection: clarity of the information to be Office of Juvenile Justice and (1) Type of Information Collection: collected; and Delinquency Prevention New collection. (4) Minimize the burden of the (2) Title of the Form/Collection: State collection of information on those who Agency Information Collection Juvenile Corrections Organization are to respond, including through the Activities: Proposed collection; Survey. use of appropriate automated, Comment Request (3) Agency form number, if any, and electronic, mechanical, or other the applicable component of the technological collection techniques or ACTION: Notice of Information Collection Department of Justice sponsoring the other forms of information technology, Under Emergency Review; State collection: Form: none Office of Juvenile Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53767

Justice and Delinquency Prevention, Science Foundation, 4201 Wilson Boulevard, proprietary or confidential nature, including Office of Justice Programs, United States Arlington, VA 22230. Telephone: (703) 306– technical information; financial data, such as Department of Justice. 1759. salaries; and personal information (4) Affected public who will be asked Agenda: To review and evaluate concerning individuals associated with the Archaeology proposals as part of the or required to respond, as well as a brief proposals. These matters are exempt under 5 selection process for awards. U.S.C. 552b(c) (4) and (6) of the Government abstract: Primary: State juvenile Date and Time: November 18–19, 1996; in the Sunshine Act. corrections agencies. Other: None. This 9:00 a.m.–5:00 p.m. Dated: October 8, 1996. collection will gather specific Place: National Science Foundation, information on the various State statutes Stafford Place, 4201 Wilson Boulevard, Room M. Rebecca Winkler, and policies that affect the juvenile 365, Arlington, VA 22230. Committee Management Officer. custody rates and juvenile custody Contact Person: Dr. Dennis O’Rourke, [FR Doc. 96–26287 Filed 10–11–96; 8:45 am] populations of each state. This Program Director for Physical Anthropology, BILLING CODE 7555±01±M information will aid in the analysis of National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. Telephone: juvenile corrections data. (703) 306–1758. (5) An estimate of the total number of Agenda: To review and evaluate Physical Advisory Panel for Biomolecular respondents and the amount of time Anthropology proposals as part of the Structure and Function; Notice of estimated for an average respondent to selection process for awards. Meeting respond: 51 respondents at an average 6 Date and Time: November 24–25, 1996; In accordance with the Federal hours per response. 9:00 a.m.–5:00 p.m. (6) An estimate of the total public Place: The Hilton Hotel, San Francisco, Advisory Committee Act (Pub. L. 92– burden (in hours) associated with the CA. 463, as amended), the National Science collection: 306 burden hours. Contact Person: Dr. Stuart Plattner, Foundation announces the following If you have additional comments, Program Director for Cultural Anthropology, meeting. National Science Foundation, 4201 Wilson suggestions, or need a copy of the Name: Advisory Panel for Biomolecular Boulevard, Arlington, VA 22230. Telephone: Structure and Function—(1134) (Panel A). proposed information collection (703) 306–1758. instrument with instructions, or Agenda: To review and evaluate Cultural Date and Time: Wednesday, Thursday, and additional information, please contact Anthropology proposals as part of the Friday, November 6, 7, 8, 1996 8:30 a.m. to Mr. Joseph Moone, 202–307–5929, selection process for awards. 5:00 p.m. Place: National Science Foundation, 4201 Office of Juvenile Justice and Date and Time: November 15, 1996; 9:00 Wilson Blvd., Room 380, Arlington, VA Delinquency Prevention, Office of a.m–5:00 p.m. 22230. Place: National Science Foundation, Justice Programs, U.S. Department of Type of Meeting: Closed. Stafford Place, 4201 Wilson Boulevard, Room Justice, Room 782, 633 Indiana Avenue, Contact Persons: Drs. Marcia Steinberg, 365, Arlington, VA 22230. NW, Washington, DC 20531. and P.C. Huang, Program Directors for Contact Person: Dr. Stuart Plattner, Molecular Biochemistry, Room 655, National If additional information is required Program Director for Cultural Anthropology, contact: Mr. Robert B. Briggs, 202–514– National Science Foundation, 4201 Wilson Science Foundation, 4201 Wilson Boulevard, 4319, Department Clearance Officer, Boulevard, Arlington, VA 22230. Telephone: Arlington, Virginia 22230. (703/306–1443) Information Management and Security (703) 306–1758. Purpose of Meeting: To provide advice and Staff, Justice Management Division, Agenda: To review and evaluate Cultural recommendations concerning proposals submitted to NSF for financial support. United States Department of Justice, Anthropology Dissertation proposals as part of the selection process for awards. Agenda: To review and evaluate research Suite 850, Washington Center, 1001 G proposals submitted to the Molecular Date and Time: November 24–26, 1996; Street, NW, Washington, DC, 20530. Biochemistry Program as part of the selection 9:00 a.m.–5:00 p.m. process for awards. Dated: October 9, 1996. Place: University of Southern California, Reason for Closing: The proposals being Robert B. Briggs, Los Angeles, California. reviewed include information of a Contact Person: Dr. James W. Harrington, Department Clearance Officer, United States proprietary or confidential nature, including or Thomas Leinbach, Program Directors for Department of Justice. technical information; financial data, such as Geography, National Science Foundation, [FR Doc. 96–26350 Filed 10–11–96; 8:45 am] 4201 Wilson Boulevard, Arlington, VA salaries; and personal information BILLING CODE 4410±18±M 22230. Telephone: (703) 306–1754. concerning individuals associated with the Agenda: To review and evaluate proposals. These matters are exempt under 5 Geography proposals as part of the selection U.S.C. 552b(c), (4) and (6) of the Government NATIONAL SCIENCE FOUNDATION process for awards. in the Sunshine Act. Date and Time: December 9–10, 1996; 9:00 M. Rebecca Winkler, Advisory Panel for Anthropological, a.m.-5:00 p.m. Committee Management Officer. Geographic Sciences; Notice of Place: National Science Foundation, [FR Doc. 96–26294 Filed 10–11–96; 8:45 am] Meetings Stafford Place, 4201 Wilson Boulevard, Room 365. BILLING CODE 7555±01±M In accordance with the Federal Contact Person: Dr. James W. Harrington, Advisory Committee Act (Pub. L. 92– or Thomas Leinbach, Program Directors for 463, as amended), the National Science Geography, National Science Foundation, Advisory Panel for Economics, Foundation (NSF) announces the 4201 Wilson Boulevard, Arlington, VA Decision and Management Sciences; following six meetings. 22230. Telephone: (703) 306–1754. Notice of Meetings Agenda: To review and evaluate Name: Advisory Panel for Anthropological Geography Dissertation proposals as part of In accordance with the Federal and Geographic Sciences (#1757). the selection process for awards. Advisory Committee Act (Pub. L. 92– Date and Time: October 25, 1996 8:30 Type of Meetings: Closed. 463, as amended), the National Science a.m.–5:00 p.m. Purpose of Meetings: To provide advice Foundation announces the following Place: National Science Foundation, and recommendations concerning support for meeting: Stafford Place, 4201 Wilson Boulevard, Room research proposals submitted to the NSF for 920, Arlington, VA 22230. financial support. Name: Advisory Panel for Economics, Contact Person: Dr. John E. Yellen, Reason for Closing: The proposals being Decision and Management Sciences (#1759). Program Director for Archaeology, National reviewed include information of a Date and Time: December 4–5, 1996. 53768 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Place: National Science Foundation, Reason for Closing: The meeting is closed Arlington, VA 22230. Telephone: (703) 306– Stafford Place, 4201 Wilson Boulevard, Room to the public because the Committee is 1300. 970, Arlington, VA 22230. reviewing proposal actions that include Purpose of Meeting: To carry out Contact Person: Dr. Jonathan Leland, privileged individuals if they are disclosed. Committee of Visitors (COV) review, Program Director for DRMS, Division for If discussions were open to the public, these including examination of decisions on Social, Behavioral and Economic Research, matters that are exempt under 5 U.S.C. 552b proposals, reviewer comments, and other National Science Foundation, Room 995, (c)(4) and (6) of the Government in the privileged materials. 4201 Wilson Boulevard, Arlington, VA Sunshine Act would be improperly Agenda: To provide oversight review of the 22230. Telephone: (703) 306–1757. disclosed. Management of Technological Innovation Agenda: To review and evaluate DRMS M. Rebecca Winkler, (MOTI); Grant Opportunity for Academic proposals as part of the selection process for Committee Management Officer. Liaison with Industry (GOALI); and Special awards. [FR Doc. 96–26290 Filed 10–11–96; 8:45 am] Studies and Assessments programs. Date and Time: November 1–2, 1996. BILLING CODE 7555±01±M Reason for Closing: The meeting is closed Place: National Science Foundation, to the public because the Committee is Stafford Place, 4201 Wilson Boulevard, Room reviewing proposal actions that will include 380 and 390, Arlington, VA 22230. Advisory Committee for Education and privileged intellectual property and personal Contact Person: Dr. Daniel H. Newlon, information that could harm individuals if Program Director for Economics, Division of Human Resources: Notice of Meeting they are disclosed. If discussions were open Social, Behavioral and Economic Research, to the public, these matters that are exempt National Science Foundation, Room 380– In accordance with the Federal 390, 4201 Wilson Boulevard, Arlington, VA Advisory Committee Act (Pub. L. 92– under 5 U.S.C. 552b(c) (4) and (6) of the 22230. Telephone: (703) 306–1753. 463, as amended), the National Science Government in the Sunshine Act would be Agenda: To review and evaluate Foundation announces the following improperly disclosed. Economics proposals as part of the selection meeting. M. Rebecca Winkler, process for awards. Name: Advisory Committee for Education Committee Management Officer. Type of Meeting: Closed. and Human Resources. [FR Doc. 96–26295 Filed 10–11–96; 8:45 am] Purpose of Meeting: To provide advice and Date and Time: November 6, 1996, 10:15 recommendations concerning proposals BILLING CODE 7555±01±M am; November 7, 1996, 8:30 am. submitted to NSF for financial support. Place: Arlington Hilton Hotel, 950 N. Reason for Closing: The proposals being Stafford Street, Arlington, VA 22230. reviewed include information of a Special Emphasis Panel in Engineering Type of Meeting: Open. proprietary or confidential nature, including Education and Centers; Notice of Contract Person: Peter E. Yankwich, technical information; financial data, such as Meeting Executive Secretary, Directorate for salaries; and personal information Education and Human Resources, Room 830, individuals associated with the proposals. Arlington, VA 22230, 703–306–1670. These matters are exempt under U.S.C. In accordance with Federal Advisory Summary Minutes: May be obtained from 552b(c), (4) and (6) of the Government in the Committee Act (Pub. L. 92–463, as contact person listed above. Sunshine Act. amended), the National Science Purpose of Committee: To provide advice Foundation announces the following Dated: October 8, 1996. and recommendations concerning NSF M. Rebecca Winkler, support for Education and Human Resources. meeting: Committee Management Officer. Agenda: Review of FY 1996 Programs and Name: Special Emphasis Panel Engineering # [FR Doc. 96–26288 Filed 10–11–96; 8:45 am] Initiative Strategic Planning for FY 1997 and Education and Centers ( 173). Beyond. Date/Time: November 4, 1996, 7:30 a.m.– BILLING CODE 7555±01±M M. Rebecca Winkler, 5:30 p.m. Committee Management Officer. Place: National Science Foundation, Room 530, 4201 Wilson Boulevard, Arlington, VA Committee of Visitors for Education [FR Doc. 96–26296 Filed 10–11–96; 8:45 am] 22230. and Human Resources; Notice of BILLING CODE 7555±01±M Type of Meeting: Closed. Meeting Contact Person: Sue Kemnitzer, Deputy Division Director, Engineering Education and In accordance with the Federal Advisory Committee for Engineering; Centers Division, National Science Advisory Committee Act (Pub. L. 92– Committee of Visitors; Notice of Foundation, Room 585, 4201 Wilson 463, as amended), the National Science Meeting Boulevard, Arlington, VA 22230. Foundation announces the following Purpose of Meeting: To provide advice and Meeting. In accordance with the Federal recommendations concerning proposals Advisory Committee Act (Pub. L. 92– Name: Committee of Visitors for EHR submitted to NSF for financial support. # 463, as amended), the National Science Agenda: To review and evaluate proposals ( 1119). Foundation announces the following Date and Time: November 8, 1996 from submitted to the Research Experience for 8:00 AM to 5:00 PM. meeting. Undergraduate Program as part of the Place: Room 950, NSF, 4210 Wilson Name: Advisory Committee for selection process for awards. Boulevard, Arlington, VA. Engineering, DMII COV (1170). Reason for Closing: The proposals being Type of Meeting: Closed. Date and Time: November 6–7, 8:30 a.m.- reviewed include information of a Contact Person: Dr. Paul W. Jennings, 5:00 p.m. proprietary or confidential nature, including Division of Graduate Education, Rm. 907N, Place: Rm. 580, NSF, 4201 Wilson technical information; financial data, such as NSF, 4201 Wilson Boulevard, Arlington, VA Boulevard, Arlington, VA. salaries; and personal information 22230. Telephone (703) 306–1696. Type of Meeting: Closed. concerning individuals associated with the Purpose of Meeting: To carry out Contact Person: Dr. Joseph Hennessey, proposals. These matters are exempt under 5 Committee of Visitors (COV) review, Program Director, MOTI, DMII; Dr. Donald U.S.C. 552b. (c)(4) and (6) of the Government including examination of decisions on Senich, Senior Staff Advisor, GOALI, and Mr. in the Sunshine Act. proposals, review comments, and other Paul Herrer, Senior Advisor for Planning, M. Rebecca Winkler, privileged materials. Technology Evaluation, Engineering, Committee Management Officer. Agenda: To provide oversight review of the Division of Design, Manufacture, and Graduate Research Traineeship Program in Industrial Innovation, National Science [FR Doc. 96–26291 Filed 10–11–96; 8:45 am] the Division of Graduate Education. Foundation, 4201 Wilson Boulevard, BILLING CODE 7555±01±M Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53769

Advisory Panel for Genetics; Notice of Reason for Closing: The proposals being Reason for Closing: The proposals being Meeting reviewed include information of a reviewed include information of a proprietary or confidential nature, including proprietary or confidential nature, including In accordance with the Federal technical information; financial data, such as technical information; financial data, such as Advisory Committee Act (Pub. L. 92– salaries and personal information concerning salaries; and personal information 463, as amended), the National Science individuals associated with the proposals. concerning individuals associated with the Foundation announces the following These matters are exempt under 5 U.S.C. proposals. These matters are exempt under 5 U.S.C. 552b(c) (4) and (6) of the Government meeting. 552b(c), (4) and (6) of the Government in the Sunshine Act. in the Sunshine Act. Name: Advisory Panel for Genetics (1149) M. Rebecca Winkler, Dated: October 8, 1996. (Panel A). M. Rebecca Winkler, Date and Time: Monday, November 4, Committee Management Officer. 1996 through Wednesday, November 6, 1996, [FR Doc. 96–26293 Filed 10–11–96; 8:45 am] Committee Management Officer. 8:30 a.m. to 5:00 p.m. BILLING CODE 7555±01±M [FR Doc. 96–26289 Filed 10–11–96; 8:45 am] Place: Room 340, National Science BILLING CODE 7555±01±M Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. Advisory Panel for Infrastructure, Type of Meeting: Closed. Methods, and Science Studies; Notice Contact Person: Dr. Philip Harriman NATIONAL TRANSPORTATION (Program Director) for Microbial Genetics, of Meeting SAFETY BOARD Division of Molecular and Cellular Biosciences, Room 655, National Science In accordance with the Federal Administrator v. Willette, et al. Foundation, 4201 Wilson Boulevard, Advisory Committee Act (Pub. L. 92– AGENCY: National Transportation Safety Arlington, VA 22230. (703) 306–1439. 463, as amended), the National Science Purpose of Meeting: To provide advice and Foundation announces the following Board. recommendations concerning proposals meeting. ACTION: Notice of Oral Argument. submitted to NSF for financial support. Agenda: To review and evaluate research Name: Advisory Panel for Infrastructure, SUMMARY: The National Transportation # proposals submitted to the Mircrobial Methods, and Science Studies 1760. Safety Board gives notice that it has Genetics Program as part of the selection Date and Time: November 7–8, 1996; 8:30 scheduled oral argument in a process for awards. a.m.–5:00 p.m.. consolidated case pending before the Reason for Closing: The proposals being Place: National Science Foundation, Board. The cases, SE–13961–3, reviewed include information of a Stafford Place, 4201 Wilson Boulevard, Room Administrator v. Willette, et al., involve proprietary or confidential nature, including 920, Arlington, VA 22230. the applicability of the Federal Aviation technical information; financial data, such as Contact Person: Dr. Rachelle D. Hollander, salaries and personal information concerning Administration’s Advisory Circular Program Director for Ethics and Values 120–56, ‘‘Air Carrier Voluntary individuals associated with the proposals. Studies, National Science Foundation, 4201 These matters are exempt under 5 U.S.C. Wilson Boulevard, Arlington, Va 22230. Disclosure Reporting Procedures,’’ to 552b(c) (4) and (6) of the Government in the Telephone: (703) 306–1743. individual airmen and crew. Sunshine Act. Agenda: to review and evaluate Ethics and DATE: Oral argument will be held at 3:00 M. Rebecca Winkler, Values Studies proposals as part of the P.M., October 28, 1996, at the NTSB Committee Management Officer. selection process for awards. headquarters, 490 L’Enfant Plaza East, [FR Doc. 96–26292 Filed 10–11–96; 8:45 am] Date and Time: November 15–16, 1996; S.W., Washington, D.C. 20594. BILLING CODE 7555±01±M 8:30 a.m.–5:00 p.m. FOR FURTHER INFORMATION CONTACT: Place: Holiday Inn, 915 E. Apache Althea Walker, (202) 314–6080. Boulevard, California Room, Tempe, AZ SUPPLEMENTARY INFORMATION: The Advisory Panel for Genetics; Notice of 85281. public is invited to attend and observe Meeting Contact Person: Dr. Edward J. Hackett, the oral argument. Audience Program Director Science and Technology In accordance with the Federal participation will not be permitted, Studies, National Science Foundation, 4201 however. Advisory Committee Act (Pub. L. 92– Wilson Boulevard, Arlington, VA 22230. 463, as amended), the National Science Telephone: (703) 306–1760. Dated: October 7, 1996. Foundation announces the following Agenda: To review and evaluate Science Daniel D. Campbell, meeting. and Technology Studies proposals as part of General Counsel. the selection process for awards. Name: Advisory Panel for Genetics (1149) [FR Doc. 96–26107 Filed 10–11–96; 8:45 am] Date and Time: November 22–23, 1996; Panel B. BILLING CODE 7533±01±M Date and Time: November 4–6, 1996, 8:30 8:30 a.m.–5:00 p.m. a.m. to 5 p.m. Place: National Science Foundation, Place: Room 310, National Science Stafford Place, 4201 Wilson Boulevard, Room Foundation 4201 Wilson Boulevard, 320, Arlington, VA 22230. NUCLEAR REGULATORY Arlington, VA 22230. Contact Person: Dr. Cheryl L. Eavey, COMMISSION Type of Meeting. Closed. Program Director for Methodology, Contact Person: Dr. DeLill Nasser, Program Measurement and Statistics, National Science Wisconsin Public Service Company, Director for Eukaryotic Genetics, Division of Foundation, 4201 Wilson Boulevard, Wisconsin Power and Light Company, Molecular and Cellular Biosciences, Room Arlington, VA 22230. Telephone: (703) 306– Madison Gas and Electric Company; 655, National Science Foundation, 4201 1729. Notice of Consideration of Issuance of Wilson Boulevard, Arlington, VA 22230. Agenda: To review and evaluate Amendment to Facility Operating Methodology, Measurement and Statistics Telephone (703) 306–1439. License, Proposed No Significant Purpose of Meeting: To provide advice and proposals as part of the selection process for recommendations concerning proposals awards. Hazards Consideration Determination, submitted to NSF for financial support. Type of Meetings: Closed. and Opportunity for a Hearing Agenda: To review and evaluate proposals Purpose of Meetings: To provide advice [Docket No. 50±305] submitted to the Eukaryotic Genetics and recommendations concerning support for Program as part of the selection process for research proposals submitted to the NSF for The U.S. Nuclear Regulatory awards. financial support. Commission (the Commission) is 53770 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices considering issuance of an amendment A post weld UT inspection will be introduced. Therefore, the application to Facility Operating License Nos. DPR– required to verify minimum acceptable of the repair weld will not increase the 43 issued to Wisconsin Public Service weld thickness to ensure that weld consequences of a previously evaluated Corporation, Wisconsin Power and stresses do not exceed ASME Code accident. Light Company, and Madison Gas and limits for both stress intensity and 2. The proposed license amendment Electric Company (the licensee), for fatigue usage. Leakage testing of LWS request does not create the possibility of operation of the Kewaunee Nuclear joints at pressure conditions far a new or different kind of accident from Power Plant, located in Kewaunee exceeding any plant normal or faulted any accident previously evaluated. County, Wisconsin. conditions indicate the weld is leaktight Application of laser-welded repair of The proposed amendment would at all plant conditions. Mechanical HEJ sleeved tubes will not introduce change Technical Specification (TS) testing of 7/8 inch laser welded significant or adverse changes to the requirements related to steam generator tubesheet sleeves installed in roll plant design basis. The general tubes to allow a laser-welded repair of expanded tubes has shown that the configuration of the HEJ sleeve is Westinghouse hybrid expansion joint individual joint structural strength of unaffected by the repair weld process. (HEJ) sleeved steam generator tubes. Alloy 690 laser welded sleeves under The repair process also does not Before issuance of the proposed normal, upset and faulted conditions represent a potential to affect any other license amendment, the Commission provides margin to acceptable limits. plant component. Stress and fatigue will have made findings required by the These acceptance limits bound the most analysis of the repair has shown that the Atomic Energy Act of 1954, as amended limiting (3 times normal operating ASME Code and Regulatory Guide 1.121 (the Act) and the Commission’s pressure deferential) recommended by criteria are not exceeded. Application of regulations. RG 1.121. the laser weld repair of HEJ sleeved The Commission has made a The HEJ sleeve plugging limit as tubes maintains overall tube bundle proposed determination that the currently defined in the KNPP TSs is structural and leakage integrity at a level amendment request involves no reduced from 31% to 24% throughwall consistent to that of the originally significant hazards consideration. Under due to the use of ASME code minimum supplied tubing during all plant the Commission’s regulations in 10 CFR material property values for the sleeve conditions. The laser weld repair 50.92, this means that operation of the material. A parent tube plugging limit of process does not provide a mechanism facility in accordance with the proposed 50% continues to apply to the tube amendment would not (1) involve a resulting in an accident outside of the length adjacent to and above the weld. area affected by the repair. Any significant increase in the probability or Minimum wall thickness requirements consequences of an accident previously hypothetical accident as a result of (used for developing the depth based potential tube or sleeve degradation in evaluated; or (2) create the possibility of plugging limit for the sleeve) are the repaired portion of the joint is a new or different kind of accident from determined using the guidance of RG bounded by the existing tube rupture any accident previously evaluated; or 1.121 and the pressure stress equation of accident analysis. Therefore, use of the (3) involve a significant reduction in a Section III of the ASME Code. margin of safety. As required by 10 CFR The hypothetical consequences of laser-welded repair process will not 50.91(a), the licensee has provided its failure of the laser-welded repaired HEJ create the possibility of a new or analysis of the issue of no significant would be bounded by the current SG different kind of accident from any hazards consideration, which is tube rupture analysis covered in the accident previously evaluated. presented below: KNPP Updated Safety Analysis Report. 3. The proposed license amendment 1. Operation of the KNPP in Due to the slight reduction in diameter does not involve a significant reduction accordance with the proposed license caused by the sleeve wall thickness, in the margin of safety. amendment does not involve a primary coolant release rates would be The laser weld repair of the HEJ significant increase in the probability or slightly less than assumed for the SGTR, sleeved tubes has been shown to restore consequences of an accident previously and therefore would result in lower integrity of the tube bundle consistent evaluated. primary fluid mass release to the with its original design basis conditions, The laser weld repair of HEJ sleeved secondary system. For a postulated i.e., tube/sleeve operational and faulted tubes will not affect the tube, sleeve or break location immediately above the load stresses and cumulative fatigue weld stress conditions or fatigue usage repair weld the metal-to-metal usage are bounded by the ASME Code factors such that the limits of the ASME interference fit provided by the original requirements and the repaired tubes are Boiler and Pressure Vessel Code are roll expansion would greatly reduce leaktight under all plant conditions. exceeded. Strain gauge testing of the leak rates. Tube fixity conditions in the Application of the laser-welded repair laser-weld repaired HEJ sleeved tubes Kewaunee SGs at the support plate will not result in a significant reduction indicates tube far field stresses above intersections are such that sufficient in the margin of safety. and below the upper HEJ are similar. resistance to end cap loads are believed The NRC staff has reviewed the The magnitude of these stresses are to be provided, therefore, axial motion licensee’s analysis and, based on this slightly less than those associated with of the postulated separated tube is not review, it appears that the three far field residual stresses for the two expected to occur, and leak rates would standards of 10 CFR 50.92(c) are most recent domestic LWS programs. be expected to be well below make-up satisfied. Therefore, the NRC staff Accelerated corrosion testing of the capacity. proposes to determine that the prototypic repair welds in special The laser weld repair process does not amendment request involves no fixtures designed to simulated locked change existing reactor coolant system significant hazards consideration. tube configuration show that the flow conditions, therefore, existing The Commission is seeking public expected lifetime of the repair welds LOCA analysis results will be comments on this proposed exceeds the current license. Therefore, unaffected. Plant response to design determination. Any comments received use of the laser-welded repair process basis accidents for the current tube within 30 days after the date of will not result in an increased plugging and flow conditions are not publication of this notice will be probability of an accident previously affected by the repair process; no new considered in making any final evaluated. tube diameter restrictions are determination. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53771

Normally, the Commission will not the above date, the Commission or an proven, would entitle the petitioner to issue the amendment until the Atomic Safety and Licensing Board, relief. A petitioner who fails to file such expiration of the 30-day notice period. designated by the Commission or by the a supplement which satisfies these However, should circumstances change Chairman of the Atomic Safety and requirements with respect to at least one during the notice period such that Licensing Board Panel, will rule on the contention will not be permitted to failure to act in a timely way would request and/or petition; and the participate as a party. result, for example, in preventing Secretary or the designated Atomic Those permitted to intervene become startup of the facility, the Commission Safety and Licensing Board will issue a parties to the proceeding, subject to any may issue the license amendment before notice of hearing or an appropriate limitations in the order granting leave to the expiration of the 30-day notice order. intervene, and have the opportunity to period, provided that its final As required by 10 CFR 2.714, a participate fully in the conduct of the determination is that the amendment petition for leave to intervene shall set hearing, including the opportunity to involves no significant hazards forth with particularity the interest of present evidence and cross-examine consideration. The final determination the petitioner in the proceeding, and witnesses. will consider all public and State how that interest may be affected by the If a hearing is requested, the comments received. Should the results of the proceeding. The petition Commission will make a final Commission take this action, it will should specifically explain the reasons determination on the issue of no publish in the Federal Register a notice why intervention should be permitted significant hazards consideration. The of issuance and provide for opportunity with particular reference to the final determination will serve to decide for a hearing after issuance. The following factors: (1) The nature of the when the hearing is held. Commission expects that the need to petitioner’s right under the Act to be If the final determination is that the take this action will occur very made party to the proceeding; (2) the amendment request involves no infrequently. nature and extent of the petitioner’s significant hazards consideration, the Written comments may be submitted property, financial, or other interest in Commission may issue the amendment by mail to the Rules Review and the proceeding; and (3) the possible and make it immediately effective, Directives Branch, Division of Freedom effect of any order which may be notwithstanding the request for a of Information and Publications entered in the proceeding on the hearing. Any hearing held would take Services, Office of Administration, U.S. petitioner’s interest. The petition should place after issuance of the amendment. Nuclear Regulatory Commission, also identify the specific aspect(s) of the If the final determination is that the Washington, DC 20555, and should cite subject matter of the proceeding as to amendment request involves a the publication date and page number of which petitioner wishes to intervene. significant hazards consideration, any this Federal Register notice. Written Any person who has filed a petition for hearing held would take place before comments may also be delivered to leave to intervene or who has been the issuance of any amendment. Room 6D22, Two White Flint North, admitted as a party may amend the A request for a hearing or a petition 11545 Rockville Pike, Rockville, petition without requesting leave of the for leave to intervene must be filed with Maryland, from 7:30 a.m. to 4:15 p.m. Board up to 15 days prior to the first the Secretary of the Commission, U.S. Federal workdays. Copies of written prehearing conference scheduled in the Nuclear Regulatory Commission, comments received may be examined at proceeding, but such an amended Washington, DC 20555, Attention: the NRC Public Document Room, the petition must satisfy the specificity Docketing and Services Branch, or may Gelman Building, 2120 L Street, NW., requirements described above. be delivered to the Commission’s Public Washington, DC. Not later than 15 days prior to the first Document Room, the Gelman Building, The filing of requests for hearing and prehearing conference scheduled in the 2120 L Street, NW., Washington, DC, by petitions for leave to intervene is proceeding, a petitioner shall file a the above date. Where petitions are filed discussed below. supplement to the petition to intervene during the last 10 days of the notice By November 14, 1996, the licensee which must include a list of the period, it is requested that the petitioner may file a request for a hearing with contentions which are sought to be promptly so inform the Commission by respect to issuance of the amendment to litigated in the matter. Each contention a toll-free telephone call to Western the subject facility operating license and must consist of a specific statement of Union at 1-(800) 248–5100 (in Missouri any person whose interest may be the issue of law or fact to be raised or 1-(800) 342–6700). The Western Union affected by this proceeding and who controverted. In addition, the petitioner operator should be given Datagram wishes to participate as a party in the shall provide a brief explanation of the Identification Number N1023 and the proceeding must file a written request bases of the contention and a concise following message addressed to Gail H. for a hearing and a petition for leave to statement of the alleged facts or expert Marcus: petitioner’s name and intervene. Requests for a hearing and a opinion which support the contention telephone number, date petition was petition for leave to intervene shall be and on which the petitioner intends to mailed, plant name, and publication filed in accordance with the rely in proving the contention at the date and page number of this Federal Commission’s ‘‘Rules of Practice for hearing. The petitioner must also Register notice. A copy of the petition Domestic Licensing Proceedings’’ in 10 provide references to those specific should also be sent to the Office of the CFR Part 2. Interested persons should sources and documents of which the General Counsel, U.S. Nuclear consult a current copy of 10 CFR 2.714 petitioner is aware and on which the Regulatory Commission, Washington, which is available at the Commission’s petitioner intends to rely to establish DC 20555, and to Gerald Charnoff, Esq., Public Document Room, the Gelman those facts or expert opinion. Petitioner Shaw, Pittman, Potts, and Trowbridge, Building, 2120 L Street, NW., must provide sufficient information to 2300 N Street, NW., Washington, DC Washington, DC, and at the local public show that a genuine dispute exists with 20037, attorney for the licensee. document room located at the the applicant on a material issue of law Nontimely filings of petitions for University of Wisconsin, Cofrin Library, or fact. Contentions shall be limited to leave to intervene, amended petitions, 2420 Nicolet Drive, Green Bay, matters within the scope of the supplemental petitions and/or requests Wisconsin. If a request for a hearing or amendment under consideration. The for hearing will not be entertained petition for leave to intervene is filed by contention must be one which, if absent a determination by the 53772 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Commission, the presiding officer or the overpayments of single-employer plan established under section 6601 of the presiding Atomic Safety and Licensing termination liability under part 4062 Internal Revenue Code. Similarly, Board that the petition and/or request and multiemployer withdrawal liability § 4062.7 of the PBGC’s regulation on should be granted based upon a under part 4219 apply to interest Liability for Termination of Single- balancing of the factors specified in 10 accruing during the fourth quarter employer Plans (29 CFR part 4062) CFR 2.714(a)(1)(i)-(v) and 2.714(d). (October through December) of 1996. requires that interest be charged or For further details with respect to this FOR FURTHER INFORMATION CONTACT: credited at the section 6601 rate on action, see the application for Harold J. Ashner, Assistant General underpayments and overpayments of amendment dated September 6, 1996, Counsel, Office of the General Counsel, employer liability under section 4062 of which is available for public inspection Pension Benefit Guaranty Corporation, ERISA. The section 6601 rate is at the Commission’s Public Document 1200 K Street, NW., Washington, DC established periodically (currently Room, the Gelman Building, 2120 L 20005, 202–326–4024 (202–326–4179 quarterly) by the Internal Revenue Street, NW., Washington, DC, and at the for TTY and TDD). Service. The rate applicable to the local public document room located at SUPPLEMENTARY INFORMATION: fourth quarter (October through the University of Wisconsin, Cofrin December) of 1996, as announced by the Library, 2420 Nicolet Drive, Green Bay, Variable-rate Premiums IRS, is 9 percent. Wisconsin. Section 4006(a)(3)(E)(iii)(II) of the The following table lists the late Dated at Rockville, Maryland, this 9th Employee Retirement Income Security payment interest rates for premiums and day of October 1996. Act of 1974 and § 4006.4(b)(1) of the employer liability for the specified time For the Nuclear Regulatory Commission. PBGC’s regulation on Premium Rates periods: Richard J. Laufer, (29 CFR part 4006) prescribe use of an Project Manager, Project Directorate III–3 assumed interest rate in determining a Interest rate Division of Reactor Projects—III/IV, Office of single-employer plan’s variable-rate FromÐ ThroughÐ (percent) Nuclear Reactor Regulation. premium. The rate is a specified [FR Doc. 96–26304 Filed 10–11–96; 8:45 am] percentage (currently 80 percent) of the 10/1/89 ...... 3/31/91 ...... 11 BILLING CODE 7590±01±P annual yield on 30-year Treasury 4/1/91 ...... 12/31/91 ...... 10 securities for the month preceding the 1/1/92 ...... 3/31/92 ...... 9 beginning of the plan year for which 4/1/92 ...... 9/30/92 ...... 8 PENSION BENEFIT GUARANTY premiums are being paid (the ‘‘premium 10/1/92 ...... 6/30/94 ...... 7 CORPORATION payment year’’). The yield figure is 7/1/94 ...... 9/30/94 ...... 8 reported in Federal Reserve Statistical 10/1/94 ...... 3/31/95 ...... 9 Interest Assumption for Determining Releases G.13 and H.15. 4/1/95 ...... 6/30/95 ...... 10 Variable-Rate Premium; Interest on The assumed interest rate to be used 7/1/95 ...... 3/31/96 ...... 9 Late Premium Payments; Interest on in determining variable-rate premiums 4/1/96 ...... 6/30/96 ...... 8 Underpayments and Overpayments of for premium payment years beginning 7/1/96 ...... 12/31/96 ...... 9 Single-Employer Plan Termination in October 1996 (i.e., 80 percent of the Liability and Multiemployer Withdrawal yield figure for September 1996) is 5.62 Underpayments and Overpayments of Liability; Interest Assumptions for percent. The following table lists the Multiemployer Withdrawal Liability Multiemployer Plan Valuations assumed interest rates to be used in Following Mass Withdrawal determining variable-rate premiums for Section 4219.32(b) of the PBGC’s premium payment years beginning regulation on Notice, Collection, and AGENCY: Pension Benefit Guaranty between November 1995 and October Redetermination of Withdrawal Corporation. 1996. Liability (29 CFR part 4219) specifies ACTION: Notice of interest rates and the rate at which a multiemployer plan assumptions. For premium payment years The required is to charge or credit interest on beginning in: interest rate is: underpayments and overpayments of SUMMARY: This notice informs the public withdrawal liability under section 4219 of the interest rates and assumptions to November 1995 ...... 5.10 December 1995 ...... 5.01 of ERISA unless an applicable plan be used under certain Pension Benefit provision provides otherwise. For Guaranty Corporation regulations. These January 1996 ...... 4.85 February 1996 ...... 4.84 interest accruing during any calendar rates and assumptions are published March 1996 ...... 4.99 quarter, the specified rate is the average elsewhere (or are derivable from rates April 1996 ...... 5.28 quoted prime rate on short-term published elsewhere), but are collected May 1996 ...... 5.43 commercial loans for the fifteenth day and published in this notice for the June 1996 ...... 5.54 (or the next business day if the fifteenth convenience of the public. Interest rates July 1996 ...... 5.65 are also published on the PBGC’s home August 1996 ...... 5.62 day is not a business day) of the month page (http://www.pbgc.gov). September 1996 ...... 5.47 preceding the beginning of the quarter, October 1996 ...... 5.62 as reported by the Board of Governors DATES: The interest rate for determining of the Federal Reserve System in the variable-rate premium under part Statistical Release H.15 (‘‘Selected 4006 applies to premium payment years Late Premium Payments; Interest Rates’’). The rate for the fourth beginning in October 1996. The interest Underpayments and Overpayments of quarter (October through December) of assumptions for performing Single-employer Plan Termination multiemployer plan valuations Liability 1996 (i.e., the rate reported for following mass withdrawal under part Section 4007(b) of ERISA and September 16, 1996) is 8.25 percent. 4281 apply to valuation dates occuring § 4007.7(a) of the PBGC’s regulation on The following table lists the in November 1996. The interest rates for Payment of Premiums (29 CFR part withdrawal liability underpayment and late premium payments under part 4007 4007) require the payment of interest on overpayment interest rates for the and for underpayments and late premium payments at the rate specified time periods: Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53773

Interest rate (10), permit consideration of the Commission is approving the proposed FromÐ ThroughÐ (percent) scheduled matter at the closed meeting. rule changes. Commissioner Hunt, as duty officer, 4/1/90 ...... 3/31/91 ...... 10.00 I. Description voted to consider the item listed for the 4/1/91 ...... 6/30/91 ...... 9.00 BSECC’s rule change amends BSECC 7/1/91 ...... 9/30/91 ...... 8.50 closed meeting in a closed session. 10/1/91 ...... 12/31/91 ...... 8.00 The subject matter of the closed Rule II, Section 1 relating to the 1/1/92 ...... 3/31/92 ...... 7.50 meeting scheduled for Wednesday, maintenance and purpose of BSECC’s 4/1/92 ...... 9/30/92 ...... 6.50 October 9, 1996, at 9:00 a.m., will be: clearing fund and BSE’s rule change 10/1/92 ...... 6/30/94 ...... 6.00 amends Chapter XXII, Section 2(f) of 7/1/94 ...... 9/30/94 ...... 7.25 Institution of administrative proceedings of BSE’s rules regarding specialists’ 10/1/94 ...... 12/31/94 ...... 7.75 an enforcement nature. liquidating equity deposits.4 1/1/95 ...... 3/31/95 ...... 8.50 Commissioner Hunt, as duty officer, Specifically, Section 2(f) of Chapter 4/1/95 ...... 9/30/95 ...... 9.00 XXII of BSE’s rules requires specialists 10/1/95 ...... 3/31/96 ...... 8.75 determined that no earlier notice thereof 4/1/96 ...... 12/31/96 ...... 8.25 was possible. to maintain a liquidating equity deposit At times, changes in Commission of $200,000 per specialist account with Multiemployer Plan Valuations priorities require alterations in the BSECC (‘‘minimum equity Following Mass Withdrawal scheduling of meeting items. For further requirement’’). Section 2 of BSECC Rule information and to ascertain what, if II requires that all members contribute The PBGC’s regulation on Duties of 5 any, matters have been added, deleted $6,000 to the clearing fund. Under the Plan Sponsor Following Mass rule change, BSECC Rule II, Section 1 Withdrawal (29 CFR part 4281) or postponed, please contact: The Office of the Secretary at (202) 942–7070. has been amended to provide that prescribes the use of interest specialists are deemed to have met their assumptions under the PBGC’s Dated: October 10, 1996. clearing fund requirement through the regulation on Allocation of Assets in Jonathan G. Katz, minimum equity requirement and that Single-employer Plans (29 CFR part Secretary. the amount of the minimum equity 4044). The interest assumptions [FR Doc. 96–26553 Filed 10–10–96; 3:52 pm] requirement equal to the required applicable to valuation dates in BILLING CODE 8010±01±M clearing fund deposit is deemed to be November 1996 under part 4044 are the clearing fund deposit. Additionally, contained in an amendment to part 4044 Section 2(f) of Chapter XXII of BSE’s published elsewhere in today’s Federal [Release No. 34±37794; File Nos. SR± rules has been amended to provide that Register. Tables showing the BSECC±96±02; SR±BSE±96±06] the minimum equity requirement can be assumptions applicable to prior periods utilized by BSECC and is deemed to be are codified in appendix B to 29 CFR Self-Regulatory Organizations; Boston clearing fund up to the amount required part 4044. Stock Exchange Clearing Corporation; to be deposited as clearing fund Issued in Washington, DC, on this 9th day Boston Stock Exchange, Inc.; Order pursuant to BSECC’s rules. This of October 1996. Approving Proposed Rule Changes To provision only applies to specialists that Martin Slate, Modify Specialists' Clearing Fund are members of BSECC. Requirements Executive Director, Pension Benefit Guaranty II. Discussion Corporation. October 7, 1996. [FR Doc. 96–26344 Filed 10–11–96; 8:45 am] The Commission believes that the BILLING CODE 7708±01±P On June 14, 1996, the Boston Stock proposed rule changes are consistent Exchange Clearing Corporation with the obligations of BSECC under (‘‘BSECC’’) and the Boston Stock Section 17A of the Act and the SECURITIES AND EXCHANGE Exchange, Inc. (‘‘BSE’’) each filed with obligations of BSE under Section 6 of COMMISSION the Securities and Exchange the Act. Among other things, Section Commission (‘‘Commission’’) a 6(b)(5) 6 of the Act requires that the rules Sunshine Act Meeting proposed rule change (File Nos. SR– of a national securities exchange be BSECC–96–02) and SR–BSE–96–06, designed to protect investors and the Notice is hereby given, pursuant to respectively) pursuant to Section public interest and Section the provisions of the Government in the 19(b)(1) of the Securities Exchange Act 17A(b)(3)(F) 7 of the Act requires that Sunshine Act, Pub. L. 94–409, that the of 1934 (‘‘Act’’),1 to modify specialists’ the rules of a clearing agency be Securities and Exchange Commission clearing fund requirements. On July 23, designed to assure the safeguarding of will hold the following meeting during 1996, BSECC and BSE each filed an securities and funds which are in the the week of October 7, 1996. amendment to its proposed rule custody or control of the clearing agency A closed meeting will be held on change.2 Notices of the proposed rule or for which it is responsible. Permitting Wednesday, October 9, 1996, at 9:00 changes were published in the Federal a.m. Register on August 16, 1996.3 No 4 Pursuant to BSECC’s rules, a specialist is a Commissioners, Counsel to the comment letters were received. For the BSECC member that acts as a specialist on the floor Commissioners, the Secretary to the reasons discussed below, the of BSE and on whose behalf BSECC guarantees Commission, and recording secretaries settlement of all trades executed by such member will attend the closed meeting. Certain on the floor of BSE. Pursuant to Chapter XV, 1 Section 1 of BSE’s rules, a BSE member may be staff members who have an interest in 15 U.S.C. § 78s(b)(1) (1988). 2 Letters from Karen A. Aluise, Assistant Vice registered as a specialist upon application to and the matter may also be present. President, BSECC, to Mark Steffensen, Division of with the consent of BSE. The General Counsel of the Market Regulation (‘‘Division’’), Commission (July 5 BSECC Rule II, Section 5 specifies the use and Commission, or his designee, has 19, 1996) and Karen A. Aluise, Assistant Vice application of clearing fund. Paragraph (d) of that certified that, in his opinion, one or President, BSE, to Mark Stefensen, Division, section provides that clearing fund may be used to discharge a member’s liability to BSECC, BSE, or more of the exemptions set forth in 5 Commission (July 19, 1996). 3 Securities Exchange Act Release Nos. 37552 Boston Stock Exchange Service Corporation. U.S.C. 552b(c)(4), (8), (9)(A) and (10) (August 9, 1996), 61 FR 42669 (BSECC) and 37553 6 15 U.S.C. § 78f(b)(5) (1988). and 17 CFR 200.402(a)(4), (8), (9)(i) and (August 9, 1996), 61 FR 42670 (BSE). 7 15 U.S.C. § 78q–1(b)(3)(F) (1988). 53774 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices specialists to satisfy their clearing fund I. Self-Regulatory Organization’s the six-month period ending July 16, requirements through the minimum Statement of the Terms of Substance of 1996 was 1.93 million shares. equity requirements should not impair the Proposed Rule Change Calculation. The methodology used to calculate the value of the Index is BSECC’s obligations to safeguard The CBOE proposes to list and trade similar to the methodology used to securities and funds in its custody or cash-settled, European-style stock index calculate the value of other well-known control. Moreover, the rule changes options on the Morgan Stanley broad-based indices. The level of the clarify that a portion of the minimum Multinational Index (‘‘Morgan Stanley Index reflects the total market value of equity requirement will be deemed Multinational’’ or ‘‘Index’’), a broad- the component stocks relative to a clearing fund for purposes of BSECC’s based, capitalization-weighted index particular base period. The Morgan rules and can be utilized by BSECC comprised of 50 large domestic Stanley Multinational Index base date is according to BSECC Rule II, Section 5 companies. which governs the use and application December 31, 1991, when the index of clearing fund deposits. This should II. Self-Regulatory Organization’s value was set to 200. The Index had a help to protect BSECC from the risks Statement of the Purpose of, and closing value of 330.63 on July 17, 1996. associated with specialists’ default and Statutory Basis for, the Proposed Rule The daily calculation of the Morgan thereby should allow BSE to protect Change Stanley Multinational Index is investors and the public interest. In its filing with the Commission, the computed by dividing the total market value of the companies in the Index by III. Conclusion CBOE included statements concerning the purpose of and basis for the the Index Divisor. The Divisor keeps the Index comparable over time and is On the basis of the foregoing, the proposed rule change and discussed any adjusted periodically to maintain the Commission finds that the proposed comments it received on the proposed Index. The values of the Index will be rule changes are consistent with the rule change. The text of these statements calculated by the CBOE and requirements of the Act and in may be examined at the places specified disseminated at 15-second intervals particular Sections 6 and 17A of the Act in Item IV below. The CBOE has during regular CBOE trading hours to and the rules and regulations prepared summaries, set forth in market information vendors via Options thereunder. Sections A, B, and C below, of the most Price Reporting Authority (‘‘OPRA’’). It is therefore ordered, pursuant to significant aspects of such statements. Section 19(b)(2) of the Act, that the Maintenance. Index maintenance proposed rule changes (File No. SR– A. Self-Regulatory Organization’s includes monitoring and completing the BSECC–96–2 and SR–BSE–96–06) be Statement of the Purpose of, and adjustments for company additions and and hereby are approved. Statutory Basis for, the Proposed Rule deletions, share changes, stock splits, Change stock dividends (other than an ordinary For the Commission by the Division of cash dividend), stock price adjustments Market Regulation, pursuant to delegated 1. Purpose due to company restructuring or 8 authority. The purpose of the proposed rule spinoffs. Some corporate actions, such Margaret H. McFarland, change is to permit the Exchange to list as stock splits and stock dividends, Deputy Secretary. and trade cash-settled, European-style require simple changes in the common [FR Doc. 96–26341 Filed 10–11–96; 8:45 am] stock index options on the Morgan shares outstanding and the stock prices BILLING CODE 8010±01±M Stanley Multinational. The Morgan of the companies in the Index. Other Stanley Multinational is a broad-based, corporate actions, such as share capitalization-weighted index composed issuances, change the market value of [Release No. 34±37790; File No. SR±CBOE± of 50 high-capitalization domestic the Index and require an index divisor 96±59] stocks. adjustment as well. The CBOE will refer Index Design. The Morgan Stanley all such non-routine matters and other Self-Regulatory Organizations; Notice Multinational has been designed to material changes to the Index to Morgan of Filing of Proposed Rule Change by measure the performance of certain high Stanley. Over time the number of the Chicago Board Options Exchange, capitalization stocks. The Morgan component securities in the Index may Inc., Relating to the Listing and Stanley Multinational is a change. At no time will the number of Trading of Options on the Morgan capitalization-weighted index with each securities drop to less than 30. In the Stanley Multinational Index stock affecting the Index in proportion event of a stock replacement, the divisor to its market capitalization. Each stock will be adjusted as may be necessary to October 4, 1996. in the Index is eligible for options provide continuity in values of the Pursuant to Section 19(b)(1) of the trading.2 Index. Securities Exchange Act of 1934 On July 17, 1996, the to stocks ranged Index Option Trading. In addition to (‘‘Act’’),1 notice is hereby given that on in capitalization from $4.7 billion to regular Index options, the Exchange October 1, 1996, the Chicago Board $138.2 billion. The median may provide for the listing of long-term Options Exchange, Inc. (‘‘CBOE’’ or capitalization of the firms in the Index index option series (‘‘LEAPS’’) and ‘‘Exchange’’) filed with the Securities was $29.33 billion while the average reduced-value LEAPS on the Index. For and Exchange Commission capitalization of the Index components reduced-value LEAPS, the underlying (‘‘Commission’’) the proposed rule was $37.1 billion. The largest stock value would be computed at one-tenth change as described in Items I, II and III accounted for 7.33% of the total of the Index level. The current and below, which Items have been prepared weighting of the Index, while the closing index value of any such by the self-regulatory organization. The smallest accounted for 0.25%. The five reduced-value LEAP will, after such Commission is publishing this notice to highest weighted stocks accounted for initial computation, be rounded to the solicit comments on the proposed rule 28.8%. The average daily trading nearest one-hundredth. change from interested persons. volume for Index components during Strike prices will be set to bracket the index in 21⁄2 point increments for strikes 8 17 CFR 200.30–3(a)(12) (1996). 2 A list of Index components is available at the below 200 and 5 point increments above 1 15 U.S.C. § 78s(b)(1). Commission and at the CBOE. 200. The minimum tick size for series Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53775 trading below $3 will be 1⁄16th and for The CBOE believes that it has the with respect to the proposed rule series trading above $3 the minimum necessary systems capacity to support change that are filed with the tick will be 1⁄8th. The trading hours for new series that would result from the Commission, and all written options on the Index will be from 8:30 introduction of Morgan Stanley communications relating to the a.m. to 3:15 p.m. (Chicago time). Multinational options. The CBOE has proposed rule change between the Exercise and Settlement. The also been informed that OPRA recently Commission and any person, other than proposed options on the Index will added an additional outgoing high those that may be withheld from the expire on the Saturday following the speed line from the OPRA processor and public in accordance with the third Friday of the expiration month. thus also has the capacity to support the provisions of 5 U.S.C. § 552, will be Trading in the expiring contract month new series. available for inspection and copying at will normally cease at 3:15 p.m. 2. Statutory Basis the Commission’s Public Reference (Chicago time) on the business day Section, 450 Fifth Street, N.W., preceding the last day of trading in the The CBOE believes the proposed rule Washington, D.C. 20549. Copies of such component securities of the Index change is consistent with Section 6(b) of filing will also be available for (ordinarily the Thursday before the Act in general and furthers the inspection and copying at the principal expiration Saturday, unless there is an objectives of Section 6(b)(5) in office of the CBOE. All submissions intervening holiday). The exercise particular in that it will permit trading should refer to File No. SR–CBOE–96– settlement value of the Index at option in options based on the Morgan Stanley 59 and should be submitted by expiration will be calculated by the Multinational pursuant to rules November 5, 1996. Exchange based on the opening prices of designed to prevent fraudulent and For the Commission, by the Division of the component securities on the manipulative acts and practices, and to Market Regulation, pursuant to delegated business day prior to expiration. If a promote just and equitable principles of authority.3 stock fails to open for trading, the last trade, and thereby will provide available price on the stock will be used investors with the ability to invest in Margaret H. McFarland, in the calculation of the index, as is options based on an additional index. Deputy Secretary. done for currently listed indexes. When B. Self-Regulatory Organization’s [FR Doc. 96–26340 Filed 10–11–96; 8:45 am] the last trading day is moved because of Statement on Burden on Competition BILLING CODE 8010±01±M Exchange holidays (such as when the CBOE is closed on the Friday before The Exchange believes the proposed expiration), the last trading day for rule change will impose no burden on expiring options will be Wednesday and competition. SMALL BUSINESS ADMINISTRATION the exercise settlement value of Index C. Self-Regulatory Organization’s options at expiration will be determined Statement on Comments on the [Declaration of Disaster Loan Area #2894; at the opening of regular Thursday Proposed Rule Change Received From Amendment #1] trading. Members, Participants or Others Surveillance. The Exchange will use The Exchange has neither solicited North Carolina; Declaration of Disaster the same surveillance procedures nor received written comments on the Loan Area currently utilized for each of the proposed rule change. Exchange’s other index options to In accordance with notices from the monitor trading in Index options and III. Date of Effectiveness of the Federal Emergency Management Agency Index LEAPS on the Morgan Stanley Proposed Rule Change and Timing for dated September 16 and 17, 1996, the Multinational. For surveillance Commission Action above-numbered Declaration is hereby purposes, the Exchange will have Within 35 days of the publication of amended to include Buncombe, complete access to information this notice in the Federal Register or Caswell, Hertford, Hyde, Martin, Pitt, regarding trading activity in the within such longer period (i) as the Randolph, and Scotland Counties in the underlying securities. Commission may designate up to 90 State of North Carolina as a disaster area Position Limits. The Exchange days of such date if it finds such longer due to damages caused by Hurricane proposes to establish position limits for period to be appropriate and publishes Fran beginning on September 5, 1996 options on the Morgan Stanley its reasons for so finding or (ii) as to and continuing. Multinational at 50,000 contracts on which the self-regulatory organization In addition, applications for economic either side of the market, and no more consents, the Commission will: injury loans from small businesses than 30,000 of such contracts may be in A. by order approve the proposed rule located in the contiguous counties of the series in the nearest expiration change, or Chowan, Dare, Gates, Madison, Tyrrell, month. These limits are roughly B. institute proceedings to determine and Yancey in the State of North equivalent, in dollar terms, to the limits whether the proposed rule change Carolina may be filed until the specified applicable to options on other indices. should be disapproved. date at the previously designated Exchange Rules Applicable. As location. modified herein, the Rules in Chapter IV. Solicitation of Comments All other information remains the XXIV will be applicable to Morgan Interested persons are invited to same, i.e., the termination date for filing Stanley Multinational options. Broad- submit written data, views and applications for physical damage is based margin rules will apply to the arguments concerning the foregoing. November 4, 1996, and for loans for Index. Persons making written submissions economic injury the deadline is June 6, Disclaimer Language. The CBOE is should file six copies thereof with the 1997. proposing to amend Rule 24.14 in order Secretary, Securities and Exchange to include specified reference to Morgan Commission, 450 Fifth Street, N.W., (Catalog of Federal Domestic Assistance Stanley as entitled to the benefit of the Washington, D.C. 20549. Copies of the Program Nos. 59002 and 59008.) disclaimer of liability in respect of the submission, all subsequent Index. amendments, all written statements 3 17 CFR 200.30–3(a)(12). 53776 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Dated: September 27, 1996. C—Energy OFFICE OF THE UNITED STATES Bernard Kulik, C1. Supplement to Contract No. TV– TRADE REPRESENTATIVE Associate Administrator for Disaster 95282V with Marathon Consulting Group, [Docket No. 301±108] Assistance. Incorporated, to provide procurement [FR Doc. 96–26244 Filed 10–11–96; 8:45 am] engineering services for all TVA Nuclear Initiation of Section 302 Investigation BILLING CODE 8025±01±P sites. and Request for Public Comment: C2. Board approval for TVA Nuclear to Argentine Specific Duties and Non- award a contract to Senior Engineering Tariff Barriers Affecting Apparel, [Declaration of Disaster Loan Area #2899; Company for upgrades to the moisture Textiles, Footwear Amendment #1] separator reheaters at Watts Bar Nuclear Plant Unit 1 for a total contract amount of AGENCY: Office of the United States Pennsylvania; Declaration of Disaster $10.1 million, including installation. Trade Representative. Loan Area ACTION: Notice of initiation of E—Real Property Transactions investigation; request for written In accordance with a notice from the E1. Sale of permanent easement affecting comments. Federal Emergency Management 0.3 acre of land on Norris Lake in Union Agency, effective September 25, 1996, County, Tennessee, to Haskel Ayers (Tract SUMMARY: The Acting United States the above-numbered Declaration is No. XNR–903H). Trade Representative (USTR) has hereby amended to include Cumberland E2. Amendment to the Kentucky Reservoir initiated an investigation under section County, Pennsylvania as a disaster area Land Management Plan to change the 302(b)(1) of the Trade Act of 1974, as due to damages caused by flooding allocated use from wildlife management to amended (the Trade Act), with respect associated with Tropical Depression public recreation for a 6.5-acre portion of to certain acts, policies and practices of Fran which occurred September 6–8, Tract No. XGIR–229PT and grant a 25-year the Government of Argentina 1996. public recreation easement for the same area, concerning the imposition of (1) specific In addition, applications for economic designated as Tract No. XTGIR–145RE. duties on apparel, textiles, footwear and injury loans from small businesses F—Unclassified other items above the 35 percent ad located in the contiguous Pennsylvania valorem rate to which Argentina is Counties of Adams and York may be F1. Filing of condemnation cases. bound under the General Agreement on filed until the specified date at the Information Items Tariffs and Trade 1994 (‘‘GATT 1994’’); previously designated location. 1. Revision of arrangements for distributor (2) a statistical tax of 3 percent ad All other information remains the margin on interruptible load. valorem on imports from sources other same, i.e., the termination date for filing 2. Sale of Tennessee Valley Authority than MERCOSUR countries; and (3) a applications for physical damage is Power Bonds and delegation of authority to burdensome labeling requirement on November 12, 1996, and for loans for the Chief Financial Officer and the Vice apparel, textiles and footwear. The economic injury the deadline is June 13, President and Treasurer to enter into current United States alleges that these acts, 1997. swap arrangements with the European policies and practices are inconsistent (Catalog of Federal Domestic Assistance Investment Bank. with certain provisions of the GATT Program Nos. 59002 and 59008.) 3. Resignation option for employees 1994, the Agreement on Technical Dated: September 27, 1996. assigned to TVA Services for fiscal year 1997. Barriers to Trade, the Agreement on the Bernard Kulik, 4. Sale of permanent easements and Implementation of Article VII of the Associate Administrator for Disaster temporary construction easements at Allen GATT 1994, and the Agreement on Assistance. Fossil Plant to the City of Memphis (Tract Textiles and Clothing. USTR invites [FR Doc. 96–26243 Filed 10–11–96; 8:45 am] Nos. XALSP–2H and XALSP–3RR). written comments from the public on the matters being investigated. BILLING CODE 8025±01±P 5. Extension of teaming agreement No. TV– 94218V with Team Associates, Inc., from DATES: This investigation was initiated September 30, 1996, through November 30, on October 4, 1996. Written comments 1996, and to increase the maximum gross from the public are due on or before TENNESSEE VALLEY AUTHORITY TVA expenditure limit to $2.6 million. noon on Wednesday, November 6, 1996. 6. Transmission Service Guidelines and ADDRESSES: Office of the United States Sunshine Act Meeting other open access measures related to Trade Representative, 600 17th Street, transmission service over the TVA AGENCY HOLDING THE MEETING: NW, Washington, DC 20508. Tennessee transmission system. Valley Authority (Meeting No. 1489). FOR FURTHER INFORMATION CONTACT: TIME AND DATE: 10 a.m. (CDT), October For more information: Please call Karen James Chopra, Deputy Assistant 16, 1996. TVA Public Relations at (423) 632–6000, United States Trade Representative for the Western Hemisphere, (202) 395– PLACE: University Plaza Hotel and Knoxville, Tennessee. Information is 5190, or Hal S. Shapiro, Assistant Conference Center, Hartland D, 1021 also available at TVA’s Washington General Counsel, (202) 395–3582. Wilkinson Trace, Bowling Green, Office (202) 898–2999. Kentucky. SUPPLEMENTARY INFORMATION: Section Dated: October 9, 1996. 302(b)(1) of the Trade Act, 19 U.S.C. STATUS: Open. William L. Osteen, 2412(b)(1), authorizes the USTR to Agenda Associate General Counsel and Assistant initiate an investigation under chapter 1 Approval of minutes of meeting held on Secretary. of Title III of the Trade Act (commonly September 18, 1996. [FR Doc. 96–26512 Filed 10–10–96; 2:38 pm] referred to as ‘‘section 301’’) with respect to any matter in order to New Business BILLING CODE 8120±08±M determine whether the matter is A—Budget and Financing actionable under section 301. Matters A1. Fiscal Year 1996 Tax-Equivalent actionable under section 301 include, Payments. inter alia, the denial of rights of the Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53777

United States under a trade agreement, days after the conclusion of World DEPARTMENT OF TRANSPORTATION or acts, policies, and practices of a Trade Organization dispute settlement foreign country that violate or are procedures, whichever is earlier, Aviation Proceedings; Agreements inconsistent with the provisions of, or whether any act, policy, or practice or Filed During the Week Ending 10/4/96 otherwise deny benefits to the United denial of trade agreement rights The following Agreements were filed States under, any trade agreement. described in section 301 of the Trade On October 4, 1996, having consulted with the Department of Transportation Act exists and, if that determination is under the provisions of 49 U.S.C 412 with members of the relevant industries, affirmative, the USTR must determine the USTR determined that an and 414. Answers may be filed within what action, if any, to take under investigation should be initiated to 21 days of date of filing. section 301 of the Trade Act. assess whether certain acts, policies and Docket Number: OST–96–1832. practices of Argentina regarding specific Date filed: October 1, 1996. Public Comment: Requirements for Parties: Members of the International duties and non-tariff barriers affecting Submissions Air Transport Association. apparel, textiles and footwear are Subject: COMP Telex Mail Vote 828, actionable under section 301(a). In 1995 Interested persons are invited to Suspend Currency Restriction in Brazil, and 1996, Argentina adopted specific submit written comments concerning Intended effective date: October 25, duties on apparel, textiles, footwear and the acts, policies and practices of 1996. other items that are greater than Argentina which are the subject of this Argentina’s GATT 1994 tariff rate of 35 investigation, the amount of burden or Docket Number: OST–96–1833. Date filed: October 1, 1996. percent ad valorem. restriction on U.S. commerce caused by In addition, Argentina imposes a Parties: Members of the International these acts, policies and practices, and Air Transport Association. statistical tax of 3 percent ad valorem on the determinations required under imports, which is not tied to the value Subject: PTC12 NMS/ME 0004 dated section 304 of the Trade Act. Comments September 13, 1996 r–11, PTC12 NMS/ of any services performed. Finally, must be filed in accordance with the Argentina imposes a labeling ME 0005 dated September 13, 1996 r12– requirements set forth in 15 CFR requirement on apparel, textiles, 24, North Atlantic-Middle East/Israel 2006.8(b) (55 FR 20593) and must be footwear and certain other items that Resos, Correction—PTC12 NMS–ME may be an unnecessary obstacle to trade. filed on or before noon on Wednesday, 0006 dated Sept. 20, 1996, Tables— Exporters of these products are required November 6, 1996. Comments must be PTC12 NMS–ME Fares 0002 dated Sept. to complete an affidavit identifying in English and provided in twenty 20, 1996, Intended effective date: April product components, and each affidavit copies to: Sybia Harrison, Staff Assistant 1, 1997. must receive an assigned identification to the Section 301 Committee, Room Docket Number: OST–96–1834. number from the Undersecretariat of 223, Office of the U.S. Trade Date filed: October 1, 1996. Foreign Trade that, in turn, must appear Representative, 600 17th Street, NW, Parties: Members of the International in the labels of covered merchandise. Washington, D.C. 20508. Air Transport Association. The USTR believes that these acts, Comments will be placed in a file Subject: PTC12 NMS/ME 0002 dated September 13, 1996 r1–18, PTC12 NMS/ policies and practices are inconsistent (Docket 301–108) open to public ME 0003 dated September 13, 1996 r19– with Articles II, VII, VIII and X of the inspection pursuant to 15 CFR 2006.13, 37, North Atlantic-Middle East/Israel GATT 1994; Article 2 of the Agreement except confidential business on Technical Barriers to Trade; Articles Resos, Intended effective date: April 1, information exempt from public 1 through 8 of the Agreement on the 1997. inspection in accordance with 15 CFR Implementation of Article VII of the Docket Number: OST–96–1838. 2006.15. Confidential business GATT 1994; and Article 7 of the Date filed: October 3, 1996. Agreement on Textiles and Clothing. information submitted in accordance Parties: Members of the International with 15 CFR 2006.15 must be clearly Air Transport Association. Investigation and Consultations marked ‘‘BUSINESS CONFIDENTIAL’’ Subject: TC31 Telex Mail Vote 829, As required in section 303(a) of the in a contrasting color ink at the top of Reso 012p-Glossary of Terms, Intended Trade Act, the USTR has requested each page on each of 20 copies, and effective date: April 1, 1997. consultations with the Government of must be accompanied by a Paulette V. Twine, Argentina regarding the issues under nonconfidential summary of the Chief, Documentary Services Division. investigation. The request was made confidential information. The [FR Doc. 96–26369 Filed 10–11–96; 8:45 am] pursuant to Article 4 of the nonconfidential summary shall be BILLING CODE 4910±62±P Understanding on Rules and Procedures placed in the file that is open to public Governing the Settlement of Disputes inspection. An appointment to review (DSU), Article XXII:1 of the GATT 1994, the docket (Docket No. 301–108) may be Notice of Applications for Certificates Article 14 of the Agreement on made by calling Brenda Webb (202) of Public Convenience and Necessity Technical Barriers to Trade, Article 19 395–6186. The USTR Reading Room is and Foreign Air Carrier Permits Filed of the Agreement on the Implementation open to the public from 10:00 a.m. to 12 Under Subpart Q During the Week of Article VII of the GATT 1994, and noon and 1:00 p.m. to 4:00 p.m., Ending October 4, 1996 Article 7 of the Agreement on Textiles Monday through Friday, and is located and Clothing. If the consultations do not The following Applications for in Room 101. result in a satisfactory resolution of the Certificates of Public Convenience and matter, the USTR will request the Irving A. Williamson, Necessity and Foreign Air Carrier establishment of a panel pursuant to Chairman, Section 301 Committee. Permits were filed under Subpart Q of Article 6 of the DSU. [FR Doc. 96–26317 Filed 10–11–96; 8:45 am] the Department of Transportation’s Under section 304 of the Trade Act, BILLING CODE 3190±01±M Procedural Regulations (See 14 CFR the USTR must determine within 18 302.1701 et. seq.). The due date for months after the date on which this Answers, Conforming Applications, or investigation was initiated, or within 30 Motions to modify Scope are set forth 53778 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices below for each application. Following Challengair, hereby amends its 6401, Department of Transportation, 400 the Answer period DOT may process the application such that it now seeks, in Seventh Street, S.W., Washington, D.C. application by expedited procedures. addition to the basic U.S.-Belgium 20590, and serve them on all persons Such procedures may consist of the charter authority, authority to conduct listed in Attachment A to the order. adoption of a show-cause order, a the following additional services based Responses should be filed no later than tentative order, or in appropriate cases on the new U.S. Belgium ‘‘Open Skies’’ November 1, 1996. a final order without further Agreement: (a) ‘‘to make stopovers at FOR FURTHER INFORMATION CONTACT: Mr. proceedings. any points whether within or outside James A. Lawyer, Air Carrier Fitness Docket Number: OST–96–1830. the territory of either Party’’ (‘‘Annex ll Division (X–56, Room 6401), U.S. Date filed: October 1, 1996. of the Air Transport Agreement, Oct. 23, Department of Transportation, 400 Due Date for Answers, Conforming 1980, U.S.-Belgium, as amended Sept. 5, Seventh Street, SW, Washington, D.C. Applications, or Motion to Modify 1995, Section 1(1)’’); (b) ‘‘to carry traffic 20590, (202) 366–1064. Scope: October 29, 1996. through the other Party’s territory’’ Description: Application of Pacific (‘‘ld.Section 1(2)’’); (c) ‘‘to combine on Dated: October 7, 1996. International Airlines, Inc., pursuant to the same aircraft traffic originating in Patrick V. Murphy, 49 U.S.C. 14 CFR 215.4, and Subpart Q one Party’s territory’’ (ld. Section Deputy Assistant Secretary for Aviation and of the Regulations, requests that the 1((3)’’); (d) ‘‘to combine on the same International Affairs. Department reissue the certificates of aircraft traffic originating at or destined [FR Doc. 96–26366 Filed 10–11–96; 8:45 am] public convenience and necessity for for a point or points behind a point in BILLING CODE 4910±62±P both interstate and overseas and foreign its territory with U.S.-Belgium traffic’’ charter authority which are presently in (‘‘ld. Section 1(4)’’); and(e) ‘‘to combine the name of Pacific International on the same aircraft traffic originating at Federal Aviation Administration or destined for an intermediate point or Airlines, Inc. in the name of Silverair, Aviation Rulemaking Advisory points or traffic originating at or Inc. Committee Meeting on Transport destined for a point or points beyond Docket Number: OST–96–1578. Airplane and Engine Issues Date filed: September 30, 1996. the territory of either Part with U.S.- Due Date for Answers, Conforming Belgium traffic’’ (‘‘ld. Section 1(5)’’). AGENCY: Federal Aviation Applications, or Motion to Modify Docket Number: OST–95–659. Administration (FAA), DOT. Scope: October 28, 1996. Date filed: October 4, 1996. ACTION: Notice of public meeting. Description: Application of Skyjet, Due Date for Answers, Conforming S.A. for Amendment of its foreign air Applications, or Motion to Modify SUMMARY: This notice announces a carrier permit by expanding the scope of Scope: November 1, 1996. public meeting of the FAA’s Aviation its request to include the following Description: Application of Air 21, Rulemaking Advisory Committee rights afforded by the new Belgium-U.S. Inc. pursuant to 49 U.S.C. 41102(a)(1), (ARAC) to discuss transport airplane bilateral agreement: Skyjet, S.A. and Subpart Q of the Regulations, and engine (TAE) issues. requests a foreign air carrier permit requests renewal of its Certificate of DATES: This meeting is scheduled for authorizing passengers (and their Public Convenience and Necessity to October 22 and 23, 1996 beginning at accompanying baggage) between any engage in Interstate and Overseas 8:30 a.m. on October 22. Arrange for point or points in Belgium via Scheduled and Charter Air oral presentations by October 15, 1996. intermediate points to any point or Transportation. ADDRESS: The meeting will be held in points in the United States and beyond, Paulette V. Twine, Conference Rooms B and C of the Air provided the service serves a point in Chief, Documentary Services Division. Transport Association of America Belgium. In the performance of this [FR Doc. 96–26370 Filed 10–11–96; 8:45 am] (ATA), 1301 Pennsylvania Avenue, NW, service, Skyjet, S.A. is authorized to (1) BILLING CODE 4910±62±P Suite 1100, Washington, DC 20004. make stopovers at any points whether FOR FURTHER INFORMATION CONTACT: within or outside the Belgium or the Jackie Smith, Office of Rulemaking, United States; (2) to carry traffic through Office of the Secretary ARM–209, FAA, 800 Independence the United States; (3) to combine on the Avenue, SW, Washington, DC 20591, same aircraft traffic originating in Fitness Determination of Golden West Airlines, Inc. Telephone (202) 267–9682. Belgium or the United States with traffic SUPPLEMENTARY INFORMATION: Pursuant originating in the other country; (4) to AGENCY: Department of Transportation. to section 10(a)(2) of the Federal combine on the same aircraft traffic ACTION: Notice of Order to Show Cause Advisory Committee Act (Pub. L. 92– originating at or destined for a point or (Order 96–10–10). 463; 5 U.S.C. App II), notice is given of points behind a point in Belgium with an ARAC meeting to be held October 22 SUMMARY: U.S.-Belgium traffic; and (5) to combine The Department of and 23, 1996 at the ATA, 1301 on the same aircraft traffic originating or Transportation is proposing to find that Pennsylvania Avenue, NW, Washington, destined for an intermediate point or Golden West Airlines, Inc., is fit, DC 20004. points or traffic originating at or willing, and able, to provide commuter The agenda will include: destined for a point or points beyond air service under 49 U.S.C. 41738. • Opening remarks. the territory of Belgium or the United DATES: Persons wishing to file • Review of action items. States with U.S.-Belgium traffic. objections should do so no later than • Reports of working groups. Docket Number: OST–96–1190. October 22, 1996. • Briefing on status of Alternative Date filed: October 4, 1996. RESPONSES: All interested persons Methods of Compliance Due Date for Answers, Conforming wishing to respond to the Department of recommendations. Applications, or Motion to Modify Transportation’s tentative fitness • Report on September 19 Hoofddorp Scope: November 1, 1996. determination should file their meeting. Description: Application of responses with James A. Lawyer, Air • Briefing on Repair Assessment Challengair, S.A. d/b/a Belgium Carrier Fitness Division, X–56, Room notice of proposed rulemaking. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53779

• High Intensity Radiated Fields Register (61 FR 38798) on July 25, 1996. [T.D. 96±73] Report. The trackage rights are to become • Briefing from All Weather effective as soon as a final trackage Revocation of Customs Broker License Operations Working Group (25.1329) rights agreement is reached between AGENCY: U.S. Customs Service, Attendance is open to the public, but CDAC and NV, but not sooner than Department of the Treasury. will be limited to the space available. October 2, 1996 (the effective date of the ACTION: Broker License Revocation. The public must make arrangements by trackage rights exemption). October 15, 1996 to present oral This notice is filed under 49 CFR SUMMARY: Notice is hereby given that on statements at the meeting. Written 1180.2(d)(7). If the notice contains false September 6, 1996, the Commissioner of statements may be presented to the or misleading information, the Customs, pursuant to Section 641, Tariff Committee at any time by providing 25 exemption is void ab initio. Petitions to Act of 1930, as amended, (19 U.S.C. copies to the Assistant Executive revoke the exemption under 49 U.S.C. 1641), and Parts 111.51 and 111.74 of Director for TAE issues or by providing 10502(d) may be filed at any time. The the Customs Regulations, as amended copies at the meeting. In addition, sign filing of a petition to revoke will not (19 CFR 111.51 and 111.74), cancelled and oral interpretation, as well as a stay the transaction. the following Customs broker license listening device, can be made available An original and 10 copies of all with prejudice. if requested 10 calendar days before the pleadings, referring to STB Finance meeting. Arrangements may be made by Docket No. 33137, must be filed with Port Individual License # contacting the person listed under the the Surface Transportation Board, Office heading FOR FURTHER INFORMATION of the Secretary, Case Control Branch, Houston Kim K. Gabehart ..... 11116 CONTACT. 1201 Constitution Avenue, N.W., Dated: October 9, 1996. Issued in Washington, DC on October 7, Washington, DC 20423 and served on: Anne K. Lombardi, 1996. David A. Hirsh, Harkins Cunningham, Acting Director, Trade Compliance. Chris A. Christie, 1300 19th Street, N.W., Suite 600, [FR Doc. 96–26335 Filed 10–11–96; 8:45 am] Executive Director, Aviation Rulemaking Washington, DC 20036. Advisory Committee. As a condition to this exemption, any BILLING CODE 4820±02±P [FR Doc. 96–26325 Filed 10–11–96; 8:45 am] employees affected by the trackage rights will be protected by the BILLING CODE 4910±13±M conditions imposed in Norfolk and Internal Revenue Service Western Ry. Co.—Trackage Rights—BN, [FI±81±86] Surface Transportation Board 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.—Lease and Proposed Collection; Comment [STB Finance Docket No. 33137] Operate, 360 I.C.C. 653 (1980). Request for Regulation Project Decided: October 7, 1996. Canadian American Railroad AGENCY: Internal Revenue Service (IRS), CompanyÐTrackage Rights By the Board, David M. Konschnik, Treasury. Director, Office of Proceedings. ExemptionÐThe Northern Vermont ACTION: Notice and request for Vernon A. Williams, Railroad Company Incorporated comments. Secretary. The Northern Vermont Railroad [FR Doc. 96–26332 Filed 10–11–96; 8:45 am] SUMMARY: The Department of the Company Incorporated (NV) will agree BILLING CODE 4915±00±P Treasury, as part of its continuing effort to grant local and overhead trackage to reduce paperwork and respondent rights to Canadian American Railroad burden, invites the general public and Company (CDAC) over four rail other Federal agencies to take this DEPARTMENT OF THE TREASURY segments that total approximately 86.41 opportunity to comment on proposed miles of rail lines located in Franklin, Customs Service and/or continuing information Orleans, Caledonia and Orange collections, as required by the Counties, VT, as follows: (1) A portion [T.D. 96±74] Paperwork Reduction Act of 1995, of the Newport Subdivision between the Public Law 104–13 (44 U.S.C. U.S.-Canadian border crossings at Retraction of Revocation Notice 3506(c)(2)(A)). Currently, the IRS is mileposts 26.25 and 32.63 (running soliciting comments concerning an AGENCY: through Richford); (2) a portion of the U.S. Customs Service, existing final regulation, FI–81–86 (TD Newport Subdivision between the Department of the Treasury. 8513), Bad Debt Reserves of Banks border crossing at milepost 43.32 and ACTION: General notice. (§ 1.585–8). the end of the subdivision at Newport DATES: at milepost 58.4; (3) the Lyndonville SUMMARY: The following Customs broker Written comments should be Subdivision, which runs between license number was erroneously received on or before December 16, 1996 Newport at milepost 0.0 and Wells River included in a list of revoked Customs to be assured of consideration. at milepost 63.78; and (4) the brokers licenses in the Friday, April 28, ADDRESSES: Direct all written comments unabandoned portion of the former 1995, Federal Register, Vol. 60, No 58. to Garrick R. Shear, Internal Revenue Beebe Subdivision between mileposts Steven Goldstein—12782 Service, room 5571, 1111 Constitution Avenue NW., Washington, DC 20224. 39.04 and 40.21 in or near Newport. License 12782, issued through the Port These rail lines were expected to be of Los Angeles, remains a valid license. FOR FURTHER INFORMATION CONTACT: acquired by NV from Canadian Pacific Requests for additional information or Limited on September 27, 1996, Dated: October 9, 1996. copies of the information collection pursuant to an exemption that was the Philip Metzger, should be directed to Carol Savage, subject of a notice of exemption in STB Director, Trade Compliance. (202) 622–3945, Internal Revenue Finance Docket No. 32981 that was [FR Doc. 96–26339 Filed 10–11–96; 8:45 am] Service, room 5569, 1111 Constitution served and published in the Federal BILLING CODE 4820±02±P Avenue NW., Washington, DC 20224. 53780 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

SUPPLEMENTARY INFORMATION: technology; and (e) estimates of capital certain other issues arising under Title: Bad Debt Reserves of Bank. or start-up costs and costs of operation, sections 91, 223 and 511–561 of the Tax OMB Number: 1545–1290. maintenance, and purchase of services Reform Act of 1984. The regulations Regulation Project Number: FI–81–86 to provide information. affect qualified employee benefit plans, (Final). Approved: October 8, 1996. welfare benefit funds, and employees Abstract: Section 585(c) of the Garrick R. Shear, receiving benefits through such plans. Internal Revenue Code requires large IRS Reports Clearance Officer. Current Actions: There is no change to banks to change from the reserve [FR Doc. 96–26353 Filed 10–11–96; 8:45 am] these existing regulations. method of accounting to the specific BILLING CODE 4830±01±P Type of Review: Extension of OMB charge off method of accounting for bad approval. debts. Section 1.585–8 of the regulation Affected Public: Business or other for- establishes a reporting requirement in [EE±63±84; EE±96±85] profit organizations, not-for-profit cases in which large banks elect (1) to institutions, and individuals. include in income an amount greater Proposed Collection; Comment Request for Regulation Project Estimated Number of Respondents: than that prescribed by the Code; (2) to 12,800. use the elective cut-off method of AGENCY: Internal Revenue Service (IRS), Estimated Time Per Respondent: 31 accounting; or (3) to revoke any Treasury. minutes. elections previously made. ACTION: Notice and request for Estimated Total Annual Burden Current Actions: There is no change to comments. this existing regulation. Hours: 6,500. Type of Review: Extension of OMB SUMMARY: The Department of the The following paragraph applies to all approval. Treasury, as part of its continuing effort of the collections of information covered Affected Public: Business or other for- to reduce paperwork and respondent by this notice: profit organizations. burden, invites the general public and An agency may not conduct or Estimated Number of Respondents: other Federal agencies to take this sponsor, and a person is not required to 2,500. opportunity to comment on proposed respond to, a collection of information Estimated Time Per Respondent: 15 and/or continuing information unless the collection of information minutes. collections, as required by the displays a valid OMB control number. Estimated Total Annual Burden Paperwork Reduction Act of 1995, Books or records relating to a collection Hours: 625. Public Law 104–13 (44 U.S.C. of information must be retained as long The following paragraph applies to all 3506(c)(2)(A)). Currently, the IRS is as their contents may become material of the collections of information covered soliciting comments concerning an in the administration of any internal by this notice: existing temporary regulation, EE–63–84 revenue law. Generally, tax returns and An agency may not conduct or (TD 8073), and notice of proposed tax return information are confidential, sponsor, and a person is not required to rulemaking, EE–96–85, Effective Dates as required by 26 U.S.C. 6103. respond to, a collection of information and Other Issues Arising Under the Request for Comments: Comments unless the collection of information Employee Benefit Provisions of the Tax submitted in response to this notice will displays a valid OMB control number. Reform Act of 1984 (§§ 1.505(c)-1T, be summarized and/or included in the Books or records relating to a collection 1.1042–1T and 1.463–1T). request for OMB approval. All of information must be retained as long DATES: Written comments should be comments will become a matter of as their contents may become material received on or before December 16, 1996 public record. Comments are invited on: in the administration of any internal to be assured of consideration. (a) Whether the collection of revenue law. Generally, tax returns and ADDRESSES: Direct all written comments information is necessary for the proper tax return information are confidential, to Garrick R. Shear, Internal Revenue performance of the functions of the as required by 26 U.S.C. 6103. Service, room 5571, 1111 Constitution agency, including whether the Request for Comments: Comments Avenue NW., Washington, DC 20224. information shall have practical utility; submitted in response to this notice will FOR FURTHER INFORMATION CONTACT: (b) the accuracy of the agency’s estimate be summarized and/or included in the Requests for additional information or of the burden of the collection of request for OMB approval. All copies of the information collection information; (c) ways to enhance the comments will become a matter of should be directed to Carol Savage, quality, utility, and clarity of the public record. Comments are invited on: (202) 622–3945, Internal Revenue information to be collected; (d) ways to (a) Whether the collection of Service, room 5569, 1111 Constitution minimize the burden of the collection of information is necessary for the proper Avenue NW., Washington, DC 20224. information on respondents, including performance of the functions of the through the use of automated collection agency, including whether the SUPPLEMENTARY INFORMATION: techniques or other forms of information information shall have practical utility; Title: Effective Dates and Other Issues technology; and (e) estimates of capital (b) the accuracy of the agency’s estimate Arising Under the Employee Benefit or start-up costs and costs of operation, of the burden of the collection of Provisions of the Tax Reform Act of maintenance, and purchase of services information; (c) ways to enhance the 1984. to provide information. quality, utility, and clarity of the OMB Number: 1545–0916. Approved: October 9, 1996. information to be collected; (d) ways to Regulation Project Number: EE–63–84 minimize the burden of the collection of (temporary regulations), and EE–96–85 Garrick R. Shear, information on respondents, including (notice of proposed rulemaking). IRS Reports Clearance Officer. through the use of automated collection Abstract: These regulations provide [FR Doc. 96–26354 Filed 10–11–96; 8:45 am] techniques or other forms of information rules relating to effective dates and BILLING CODE 4830±01±P federal register October 15,1996 Tuesday Grant Guideline;Notice Institute State Justice Part II 53781 53782 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

STATE JUSTICE INSTITUTE improve the administration of justice in 10, 1997 will be notified by March 28, State courts nationwide. Except for 1997; those submitting letters between Grant Guideline ‘‘Single Jurisdiction’’ project grants January 11, 1997 and March 14, 1997 awarded under section II.C. (see below), will be notified by May 27, 1997; and AGENCY: State Justice Institute. project grants are intended to support those submitting letters between March ACTION: Final grant guideline. innovative projects of national 15, 1997 and June 13, 1997 will be SUMMARY: This Guideline sets forth the significance. As provided in section V. notified by August 31, 1997. Subject to administrative, programmatic, and of the Guideline, project grants may the availability of appropriations in FY financial requirements attendant to ordinarily not exceed $200,000 a year; 1998, applicants submitting letters Fiscal Year 1997 State Justice Institute however, grants in excess of $150,000 between June 14 and September 30, grants, cooperative agreements, and are likely to be rare, and awarded only 1997 will be notified of the Board’s contracts. to support projects likely to have a decision by December 19, 1997. significant national impact. Curriculum Adaptation Grants. A EFFECTIVE DATE: October 15, 1996. Applicants must ordinarily submit a grant of up to $20,000 may be awarded FOR FURTHER INFORMATION CONTACT: Liz concept paper (see section VI.) and an to a State or local court to replicate or Vines, State Justice Institute, 1650 King application (see section VII.) in order to modify a model training program St. (Suite 600), Alexandria, VA 22314, obtain a project grant. As indicated in developed with SJI funds. The (703) 684–6100. To discuss concept Section VI.C., the Board may make an Guideline allocates up to $175,000 for paper ideas, contact David I. Tevelin, ‘‘accelerated’’ grant of less than $40,000 these grants in FY 1997. See section Executive Director, or Richard Van on the basis of the concept paper alone II.B.2.b.ii. Duizend, Deputy Director, at the same when the need for the project is clear Letters requesting Curriculum address and phone number. Inquiries and little additional information about Adaptation grants may be submitted at can also be made by fax ((703) 684– the operation of the project would be any time during the fiscal year. 7618), e-mail ([email protected]) or through provided in an application. However, in order to permit the Institute the Institute’s web site at http:// The FY 1997 mailing deadline for sufficient time to evaluate these www.clark.net/pub/sji/. project grant concept papers is proposals, letters must be submitted no SUPPLEMENTARY INFORMATION: Pursuant November 27, 1996. Papers must be later than 90 days before the projected to the State Justice Institute Act of 1984, postmarked or bear other evidence of date of the training program. See section 42 U.S.C. 10701, et seq., as amended, submission by that date. The Board of II.B.2.b.ii.(c). the Institute is authorized to award Directors will meet in late February, Scholarships. The Guideline allocates grants, cooperative agreements, and 1997 to invite formal applications based up to $200,000 of FY 1997 funds for contracts to State and local courts, on the most promising concept papers. scholarships to enable judges and court nonprofit organizations, and others for Applications will be due in May and managers to attend out-of-State the purpose of improving the quality of awards will be approved by the Board education and training programs. See justice in the State courts of the United in July. section II.B.2.b.iii. States. Single Jurisdiction Project Grants. The Guideline establishes the Section II.C. of the Guideline allocates following deadlines for scholarship FY 1997 Appropriations funds for two types of ‘‘Single requests: January 7, 1997 for programs The Institute received a $6 million Jurisdiction’’ grants. beginning between April 1 and July 1, appropriation from Congress for FY Section II.C.1. reserves up to $300,000 1997; April 1, 1997 for programs 1997. Adding money expected to be for Projects Addressing a Critical Need beginning between July 1 and available from prior year carryover of a Single State or Local Jurisdiction. September 30, 1997; and July 1, 1997 for funds, deobligations of funds from To receive a grant under this program, programs beginning between October 1 completed grants, refunds, and a State or local court must demonstrate and December 31, 1997. agreements with Federal agencies, SJI that (1) the proposed project is essential Renewal Grants. There are two types contemplates the availability of to meeting a critical need of the of renewal grants available from SJI: approximately $7-8 million for grants in jurisdiction and (2) the need cannot be Continuation grants (see sections III.G., FY 1997. met solely with State and local V.C. and D., and IX.A.) and On-going resources within the foreseeable future. support grants (see sections III.H., V.C. Changes in the Final Guideline Applicants are particularly encouraged and D., and IX.B.). Continuation grants Only technical clarifications and to submit proposals for grants to are intended to enhance the specific additions have been made in the Final replicate approaches or programs that program or service begun during the Guideline. have been evaluated as effective under initial grant period. On-going support an SJI grant. These ‘‘replication’’ grants grants may be awarded for up to a three- Types of Grants Available and Funding are limited to no more than $30,000 year period to support national-scope Schedules each. Examples of projects that could be projects that provide the State courts The SJI grant program is designed to replicated are listed in Appendix IV. with critically needed services, be responsive to the most important Section II.C.2. reserves up to $400,000 programs, or products. needs of the State courts. To meet the for Technical Assistance Grants. Under The Guideline establishes a target for full range of the courts’ diverse needs, this program, a State or local court may renewal grants of no more than $2 the Institute offers five different receive a grant of up to $30,000 to million, approximately 25% of the total categories of grants. The types of grants engage outside experts to provide amount projected to be available for available in FY 1997 and the funding technical assistance to diagnose, grants in FY 1997. See section IX. cycles for each program are provided develop, and implement a response to a Grantees should accordingly be aware below: jurisdiction’s problems. that the award of a grant to support a Project Grants. These grants are Letters of application for a Technical project does not constitute a awarded to support innovative Assistance grant may be submitted at commitment to provide either education, research, demonstration, and any time. Applicants submitting letters continuation funding or on-going technical assistance projects that can between October 1, 1996 and January support. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53783

An applicant for a continuation or on- understandable proposals that can meet involved in or directly affected by the going support grant must submit a letter the funding criteria set forth in this proposed project. notifying the Institute of its intent to Guideline. 4. How will you know it works? seek such funding, no later than 120 The Institute suggests that applicants days before the end of the current grant make certain that they address the Include an evaluation component that period. The Institute will then notify the questions and issues set forth below will determine whether the proposed applicant of the deadline for its renewal when preparing a concept paper or training, procedure, service, or grant application. See section IX. application. Concept papers and technology accomplished the objectives it was designed to meet. Concept papers Special Interest Categories applications should, however, be presented in the formats specified in and applications should present the The Guideline includes 10 Special sections VI. and VII. of the Guideline, criteria that will be used to evaluate the Interest categories, i.e., those project respectively. project’s effectiveness, identify program areas that the Board has identified as elements which will require further being of particular importance to the 1. What is the subject or problem you modification, and describe how the State courts this year. The selection of wish to address? evaluation will be conducted, when it these categories was based on the Board Describe the subject or problem and will occur during the project period, and staff’s experience and observations how it affects the courts and the public. who will conduct it, and what specific over the past year; the recommendations Discuss how your approach will measures will be used. In most received from judges, court managers, improve the situation or advance the instances, the evaluation should be lawyers, members of the public, and state of the art or knowledge, and conducted by persons not connected other groups interested in the explain why it is the most appropriate with the implementation of the administration of justice; and the issues approach to take. When statistics or procedure, training, service, or identified in recent years’ concept research findings are cited to support a technique, or the administration of the papers and applications. statement or position, the source of the project. Section II.B. of the Guideline includes citation should be referenced in a The Institute has also prepared a more the following Special Interest categories: footnote or a reference list. thorough list of recommendations to Improving Public Confidence in the grant writers regarding the development Courts; 2. What do you want to do? of project evaluation plans. Those Education and Training for Judges and Explain the goal(s) of the project in recommendations are available from the Other Key Court Personnel (this simple, straightforward terms. The goals Institute upon request. category includes Curriculum should describe the intended 5. How will others find out about it? Adaptation grants and Scholarships consequences or expected overall effect Include a plan to disseminate the for Judges and Key Court Personnel); of the proposed project (e.g., to enable results of the training, research, or Dispute Resolution and the Courts; judges to sentence drug-abusing demonstration beyond the jurisdictions Application of Technology; offenders more effectively, or to dispose and individuals directly affected by the Court Management, Financing, and of civil cases within 24 months), rather project. The plan should identify the Planning; than the tasks or activities to be specific methods which will be used to Resolution of Current Evidentiary conducted (e.g., hold three training inform the field about the project, such Issues; sessions, or install a new computer as the publication of law review or Substance Abuse and the Courts; system). Children and Families in Court; journal articles, or the distribution of Improving the Court’s Response to To the greatest extent possible, an key materials. A statement that a report Domestic Violence and Other Gender- applicant should avoid a specialized or research findings ‘‘will be made Related Crimes of Violence; and vocabulary that is not readily available to’’ the field is not sufficient. The Relationship Between State and understood by the general public. The specific means of distribution or Federal Courts. Technical jargon does not enhance a dissemination as well as the types of paper. Availability of Information on the recipients should be identified. Internet 3. How will you do it? Reproduction and dissemination costs are allowable budget items. The Guideline, all required forms, Describe the methodology carefully so lists of SJI grants awarded since FY that what you propose to do and how 6. What are the specific costs involved? 1987, and other information pertaining you would do it are clear. All proposed The budget in both concept papers to the grant program are available on the tasks should be set forth so that a and applications should be presented SJI web site at http://www.clark.net/ reviewer can see a logical progression of clearly. Major budget categories such as pub/sji/. If you do not find the tasks and relate those tasks directly to personnel, benefits, travel, supplies, information you are looking for, please the accomplishment of the project’s equipment, and indirect costs should be contact the Institute by phone ((703) goal(s). When in doubt about whether to identified separately. The components 684–6100), fax ((703) 684–7618), or e- provide a more detailed explanation or of ‘‘Other’’ or ‘‘Miscellaneous’’ items mail ([email protected]). to assume a particular level of should be specified in the application knowledge or expertise on the part of budget narrative, and should not Recommendations to Grant Writers the reviewers, provide the additional include set-asides for undefined Over the past 10 years, Institute staff information. A description of project contingencies. have reviewed approximately 3,000 tasks also will help identify necessary concept papers and 1,500 applications. budget items. All staff positions and 7. What, if any, match is being offered? On the basis of those reviews, inquiries project costs should relate directly to Courts and other units of State and from applicants, and the views of the the tasks described. The Institute local government (not including Board, the Institute offers the following encourages applicants to attach letters of publicly-supported institutions of recommendations to help potential cooperation and support from the courts higher education) are required by the applicants present workable, and related agencies that will be State Justice Institute Act to contribute 53784 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices a match (cash, non-cash, or both) of not one year, annual salary of to the meeting site may be used. less than 50 percent of the grant funds $50,000=$25,000). If salary costs are Applicants should arrange travel so as requested from the Institute. All other computed using an hourly or daily rate, to be able to take advantage of advance- applicants also are encouraged to the annual salary and number of hours purchase price discounts whenever provide a matching contribution to or days in a work-year should be shown. possible. assist in meeting the costs of a project. Estimates for supplies and expenses The match requirement works as supported by a complete description of 11. May grant funds be used to purchase follows: If, for example, the total cost of the supplies to be used, nature and equipment? a project is anticipated to be $150,000, extent of printing to be done, Generally, grant funds may be used to a State or local court or executive anticipated telephone charges, and other purchase only the equipment that is branch agency may request up to common expenditures, with the basis necessary to demonstrate a new $100,000 from the Institute to for computing the estimates included technological application in a court, or implement the project. The remaining (e.g., 100 reports × 75 pages each × .05/ that is otherwise essential to $50,000 (50% of the $100,000 requested page=$375.00). Supply and expense accomplishing the objectives of the from SJI) must be provided as match. estimates offered simply as ‘‘based on project. Equipment purchases to support Cash match includes funds directly experience’’ are not sufficient. basic court operations ordinarily will contributed to the project by the In order to expedite Institute review not be approved. The budget narrative applicant, or by other public or private of the budget, make a final comparison must list the equipment to be purchased sources. It does not include income of the amounts listed in the budget and explain why the equipment is generated from tuition fees or the sale of narrative with those listed on the budget necessary to the success of the project. project products. Non-cash match refers form. In the rush to complete all parts Written prior approval of the Institute is to in-kind contributions by the of the application on time, there may be required when the amount of computer applicant, or other public or private many last-minute changes; hardware to be purchased or leased sources. This includes, for example, the unfortunately, when there are exceeds $10,000, or the software to be monetary value of time contributed by discrepancies between the budget purchased exceeds $3,000. existing personnel or members of an narrative and the budget form or the 12. To what extent may indirect costs be advisory committee (but not the time amount listed on the application cover included in the budget estimates? spent by participants in an educational sheet, it is not possible for the Institute program attending program sessions). to verify the amount of the request. A It is the policy of the Institute that all When match is offered, the nature of the final check of the numbers on the form costs should be budgeted directly; match (cash or in-kind) should be against those in the narrative will however, if an applicant has an indirect explained and, at the application stage, preclude such confusion. cost rate that has been approved by a the tasks and line items for which costs Federal agency within the last two 10. What travel regulations apply to the years, an indirect cost recovery estimate will be covered wholly or in part by budget estimates? match should be specified. may be included in the budget. A copy Transportation costs and per diem of the approved rate agreement should 8. Which of the two budget forms should rates must comply with the policies of be submitted as an appendix to the be used? the applicant organization, and a copy application. Section VII.A.3. of the SJI Grant of the applicant’s travel policy should If an applicant does not have an Guideline encourages use of the be submitted as an appendix to the approved rate agreement, an indirect spreadsheet format of Form C1 if the application. If the applicant does not cost rate proposal should be prepared in application requests $100,000 or more. have a travel policy established in accordance with Section XI.H.4. of the Form C1 also works well for projects writing, then travel rates must be Grant Guideline, based on the with discrete tasks, regardless of the consistent with those established by the applicant’s audited financial statements dollar value of the project. Form C, the Institute or the Federal Government (a for the prior fiscal year. (Applicants tabular format, is preferred for projects copy of the Institute’s travel policy is lacking an audit should budget all lacking a number of discrete tasks, or for available upon request). The budget project costs directly.) If an indirect cost projects requiring less than $100,000 of narrative should state which regulations rate proposal is to be submitted, the Institute funding. Generally, use the are in force for the project. budget should reflect estimates based on form that best lends itself to The budget narrative also should that proposal. Obviously, this requires representing most accurately the budget include the estimated fare, the number that the proposal be completed at the estimates for the project. of persons traveling, the number of trips time of application so that the to be taken, and the length of stay. The appropriate estimates may be included; 9. How much detail should be included estimated costs of travel, lodging, however, grantees have until three in the budget narrative? ground transportation, and other months after the project start date to The budget narrative of an application subsistence should be listed and submit the indirect cost proposal to the should provide the basis for computing explained separately. It is preferable for Institute for approval. An indirect cost all project-related costs, as indicated in the budget to be based on the actual rate worksheet on computer diskette is section VII.D. of the SJI Grant Guideline. costs of traveling to and from the project available from the Institute upon To avoid common shortcomings of or meeting sites. If the points of origin request. application budget narratives, or destination are not known at the time applicants should include the following the budget is prepared, an average 13. What meeting costs may be covered information: airfare may be used to estimate the with grant funds? Personnel estimates that accurately travel costs. For example, if it is SJI grant funds may cover the provide the amount of time to be spent anticipated that a project advisory reasonable cost of meeting rooms, by personnel involved with the project committee will include members from necessary audio-visual equipment, and the total associated costs, including around the country, a reasonable airfare meeting supplies, and working meals. current salaries for the designated from a central point to the meeting site However, they cannot be used to personnel (e.g., Project Director, 50% for or the average of airfares from each coast reimburse the cost of coffee or other Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53785 types of refreshment breaks, or for and attachments should be submitted to Grant Guideline. Accordingly, it is alcoholic beverages. the Institute. important for grantees to check the Additional Quarterly Progress Report special conditions carefully and discuss 14. Does the budget truly reflect all costs or Financial Status Report forms may be with their Program Manager any required to complete the project? obtained from the grantee’s Program questions or problems they may have After preparing the program narrative Manager at SJI, or photocopies may be with the conditions. Most concerns portion of the application, applicants made from the supply received with the about timing, response time, and the may find it helpful to list all the major award. level of detail required can be resolved tasks or activities required by the in advance through a telephone 2. Do reporting requirements differ for proposed project, including the conversation. The Institute’s primary renewal grants? preparation of products, and note the concern is to work with grantees to individual expenses, including Recipients of a continuation or on- assure that their projects accomplish personnel time, related to each. This going support grant are required to their objectives, not to enforce rigid will help to ensure that, for all tasks submit quarterly progress and financial bureaucratic requirements. However, if described in the application (e.g., status reports on the same schedule and a grantee fails to comply with a special development of a videotape, research with the same information as recipients condition or with other grant site visits, distribution of a final report), of a grant for a single new project. requirements, the Institute may, after the related costs appear in the budget A continuation grant and each yearly proper notice, suspend payment of grant and are explained correctly in the grant under an on-going support award funds or terminate the grant. budget narrative. should be considered as a separate Sections X., XI., and XII. of the Grant phase of the project. The reports should Recommendations to Grantees Guideline contain the Institute’s be numbered on a grant rather than administrative and financial The Institute’s staff works with project basis. Thus, the first quarterly requirements. Institute Finance Division grantees to help assure the smooth report filed under a continuation grant staff are always available to answer operation of the project and compliance or a yearly increment of an on-going questions and provide assistance with the Guideline. On the basis of support award should be designated as regarding these provisions. monitoring more than 1,100 grants, the number one, the second as number two, Institute staff offers the following and so on, through the final progress 5. What is a Grant Adjustment? suggestions to aid grantees in meeting and financial status reports due within A Grant Adjustment is the Institute’s the administrative and substantive 90 days after the end of the grant period. form for acknowledging the satisfaction requirements of their grants. of special conditions, or approving 3. What information about project changes in grant activities, schedule, 1. After the grant has been awarded, activities should be communicated to staffing, sites, or budget allocations when are the first quarterly reports due? SJI? requested by the project director. It also Quarterly Progress Reports and In general, grantees should provide may be used to correct errors in grant Financial Status Reports must be prior notice of critical project events documents, add small amounts to a submitted within 30 days after the end such as advisory board meetings or grant award, or deobligate funds from of every calendar quarter—i.e. no later training sessions so that the Institute the grant. than January 30, April 30, July 30, and Program Manager can attend if possible. October 30—regardless of the project’s If methodological, schedule, staff, 6. What schedule should be followed in start date. The reporting periods covered budget allocations, or other significant submitting requests for reimbursements by each quarterly report end 30 days changes become necessary, the grantee or advance payments? before the respective deadline for the should contact the Program Manager Requests for reimbursements or report. When an award period begins prior to implementing any of these advance payments may be made at any December 1, for example, the first changes, so that possible questions may time after the project start date and Quarterly Progress Report describing be addressed in advance. Questions before the end of the 90-day close-out project activities between December 1 concerning the financial requirements period. However, the Institute follows and December 31 will be due on January section of the Guideline, quarterly the U.S. Treasury’s policy limiting 30. A Financial Status Report should be financial reporting, or payment requests, advances to the minimum amount submitted even if funds have not been should be addressed to the Grants required to meet immediate cash needs. obligated or expended. Financial Manager listed in the award Given normal processing time, grantees By documenting what has happened letter. should not seek to draw down funds for over the past three months, Quarterly It is helpful to include the grant periods greater than 30 days from the Progress Reports provide an opportunity number assigned to the award on all date of the request. for project staff and Institute staff to correspondence to the Institute. resolve any questions before they 7. Do procedures for submitting requests become problems, and make any 4. Why is it important to address the for reimbursement or advance payment necessary changes in the project time special conditions that are attached to differ for renewal grants? schedule, budget allocations, etc. The the award document? The basic procedures are the same for Quarterly Project Report should In some instances, a list of special any grant. A continuation grant or the describe project activities, their conditions is attached to the award yearly grant under an on-going support relationship to the approved timeline, document. The special conditions are award should be considered as a and any problems encountered and how imposed to establish a schedule for separate phase of the project. Payment they were resolved, and outline the reporting certain key information, to requests should be numbered on a grant tasks scheduled for the coming quarter. assure that the Institute has an rather than a project basis. The first It is helpful to attach copies of relevant opportunity to offer suggestions at request for funds from a continuation memos, draft products, or other critical stages of the project, and to grant or a yearly increment under an on- requested information. An original and provide reminders of some, but not all going support award should be one copy of a Quarterly Progress Report of the requirements contained in the designated as number one, the second as 53786 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices number two, and so on through the final 11. If SJI is not a Federal Agency, do Because SJI is not a Federal agency, it payment request for that grant. OMB circulars apply with respect to has not been issued such a number, and audits? there are no additional compliance tests 8. If things change during the grant to satisfy under the Institute’s audit period, can funds be reallocated from Except to the extent that they are requirements beyond those of a standard one budget category to another? inconsistent with the express provisions of the SJI Grant Guideline, Office of governmental audit. Moreover, because SJI is not a Federal The Institute recognizes that some Management and Budget (OMB) agency, SJI funds should not be flexibility is required in implementing a Circulars A–110, A–21, A–87, A–88, A– aggregated with Federal funds to project design and budget. Thus, 102, A–122, A–128 and A–133 are determine if the applicability threshold grantees may shift funds among direct incorporated into the Grant Guideline of Circular A–133 has been reached. For cost budget categories. When any one by reference. Because the Institute’s example, if in fiscal year 1996 grantee reallocation or the cumulative total of enabling legislation specifically requires ‘‘X’’ received $10,000 in Federal funds reallocations are expected to exceed five the Institute to ‘‘conduct, or require from a Department of Justice (DOJ) grant percent of the approved project budget, each recipient to provide for, an annual program and $20,000 in grant funds a grantee must specify the proposed fiscal audit’’ [see 42 U.S.C. from SJI, the minimum A–133 threshold changes, explain the reasons for the § 10711(c)(1)], the Grant Guideline sets would not be met. The same distinction changes, and request Institute approval. forth options for grantees to comply would preclude an auditor from with this statutory requirement. (See The same standard applies to renewal considering the additional SJI funds in Section XI.J.) grants. In addition, prior written determining what Federal requirements Institute approval is required to shift SJI will accept audits conducted in accordance with the Single Audit Act of apply to the DOJ funds. leftover funds from the original award to Grantees that are required to satisfy 1984 and OMB Circulars A–128, or A– cover activities to be conducted under either the Single Audit Act, OMB 133, in satisfaction of the annual fiscal the renewal award, or to use renewal Circulars A–128, or A–133 and who audit requirement. Grantees that are grant monies to cover costs incurred include SJI grant funds in those audits, required to undertake these audits in during the original grant period. need to remember that because of its conjunction with Federal grants may status as a private non-profit 9. What is the 90-day close-out period? include SJI funds as part of the audit corporation, SJI is not on routing lists of even if the receipt of SJI funds would Following the last day of the grant, a cognizant Federal agencies. Therefore, not require such audits. This approach 90-day period is provided to allow for the grantee needs to submit a copy of gives grantees an option to fold SJI all grant-related bills to be received and the audit report prepared for such a funds into the governmental audit rather posted, and grant funds drawn down to cognizant Federal agency directly to SJI. than to undertake a separate audit to cover these expenses. No obligations of The Institute’s audit requirements may satisfy SJI’s Guideline requirements. grant funds may be incurred during this be found in Section XI.J. of the Grant In sum, educational and nonprofit period. The last day on which an Guideline. expenditure of grant funds can be organizations that receive payments The following Grant Guideline is obligated is the end date of the grant from the Institute that are sufficient to adopted by the State Justice Institute for period. Similarly, the 90-day period is meet the applicability thresholds of FY 1997: not intended as an opportunity to finish OMB Circular A–133 must have their annual audit conducted in accordance State Justice Institute Grant Guideline Table and disseminate grant products. This of Contents should occur before the end of the grant with Government Auditing Standards period. issued by the Comptroller General of the I. Background United States rather than with generally II. Scope of the Program During the 90 days following the end accepted auditing standards. Grantees in III. Definitions of the award period, all monies that this category that receive amounts IV. Eligibility for Award have been obligated should be V. Types of Projects and Grants; Size of below the minimum threshold Awards expended. All payment requests must referenced in Circular A–133 must also be received by the end of the 90-day VI. Concept Paper Submission submit an annual audit to SJI, but they Requirements for New Projects ‘‘close-out-period.’’ Any unexpended would have the option to conduct an VII. Application Requirements for New monies held by the grantee that remain audit of the entire grantee organization Projects after the 90-day follow-up period must in accordance with generally accepted VIII. Application Review Procedures be returned to the Institute. Any funds auditing standards; include SJI funds in IX. Renewal Funding Procedures and remaining in the grant that have not an audit of Federal funds conducted in Requirements been drawn down by the grantee will be accordance with the Single Audit Act of X. Compliance Requirements deobligated. XI. Financial Requirements 1984 and OMB Circulars A–128 or A– XII. Grant Adjustments 10. Are funds granted by SJI ‘‘Federal’’ 133; or conduct an audit of only the SJI Appendix I List of State Contacts Regarding funds? funds in accordance with generally Administration of Institute Grants to accepted auditing standards. (See State and Local Courts The State Justice Institute Act Guideline Section XI.J.) A copy of the Appendix II SJI Libraries: Designated Sites provides that, except for purposes above-noted circulars may be obtained and Contacts unrelated to this question, ‘‘the Institute by calling OMB at (202) 395–7250. Appendix III Illustrative List of Model shall not be considered a department, Curricula agency, or instrumentality of the Federal 12. Does SJI have a CFDA number? Appendix IV Judicial Education Government.’’ 42 U.S.C. § 10704(c)(1). Auditors often request that a grantee Scholarship Application Forms (Forms S1 & S2) Because SJI receives appropriations provide the Institute’s Catalog of Federal Appendix V Concept Paper, Curriculum from Congress, some grantee auditors Domestic Assistance (CFDA) number for Adaptation, & Technical Assistance have reported SJI grants funds as ‘‘Other guidance in conducting an audit in Grant Budget Form (Form E) Federal Assistance.’’ This classification accordance with Government Appendix VI Certificate of State Approval is acceptable to SJI but is not required. Accounting Standards. Form (Form B) Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53787

I. Background justice system agencies in the 7. Collection and compilation of The Institute was established by Pub. development, maintenance, and statistical data and other information on L. 98–620 to improve the administration coordination of criminal, civil, and the work of the courts and on the work of justice in the State courts in the juvenile justice programs and services; of other agencies which relate to and United States. Incorporated in the State and affect the work of courts; G. Be responsible for the certification 8. Studies of the causes of trial and of Virginia as a private, nonprofit of national programs that are intended appellate court delay in resolving cases, corporation, the Institute is charged, by to aid and improve State judicial and establishing and evaluating statute, with the responsibility to: experimental programs for reducing A. Direct a national program of systems. case processing time; financial assistance designed to assure II. Scope of the Program 9. Development and testing of that each citizen of the United States is During FY 1997, the Institute will methods for measuring the performance provided ready access to a fair and consider applications for funding of judges and courts and experiments in effective system of justice; support that address any of the areas the use of such measures to improve the B. Foster coordination and specified in its enabling legislation. The functioning of judges and the courts; cooperation with the Federal judiciary; Board, however, has designated ten 10. Studies of court rules and C. Promote recognition of the program categories as being of ‘‘special procedures, discovery devices, and importance of the separation of powers interest.’’ See section II.B. evidentiary standards to identify doctrine to an independent judiciary; problems with the operation of such and A. Authorized Program Areas rules, procedures, devices, and D. Encourage education for judges and The Institute is authorized to fund standards, and the development of support personnel of State court systems projects addressing one or more of the alternative approaches to better through national and State following program areas listed in the reconcile the requirements of due organizations, including universities. State Justice Institute Act, the Battered process with the need for swift and To accomplish these broad objectives, Women’s Testimony Act, the Judicial certain justice, and testing of the utility the Institute is authorized to provide Training and Research for Child of those alternative approaches; funds to State courts, national Custody Litigation Act, and the 11. Studies of the outcomes of cases organizations which support and are International Parental Kidnapping in selected areas to identify instances in supported by State courts, national Crime Act. which the substance of justice meted judicial education organizations, and 1. Assistance to State and local court out by the courts diverges from public other organizations that can assist in systems in establishing appropriate expectations of fairness, consistency, or improving the quality of justice in the procedures for the selection and equity, and the development, testing State courts. removal of judges and other court and evaluation of alternative approaches The Institute is governed by an 11- personnel and in determining to resolving cases in such problem member Board of Directors appointed by appropriate levels of compensation; areas; the President, by and with the consent 2. Education and training programs 12. Support for programs to increase of the Senate. The Board is statutorily for judges and other court personnel for court responsiveness to the needs of composed of six judges, a State court the performance of their general duties citizens through citizen education, administrator, and four members of the and for specialized functions, and improvement of court treatment of public, no more than two of whom can national and regional conferences and witnesses, victims, and jurors, and be of the same political party. seminars for the dissemination of development of procedures for Through the award of grants, information on new developments and obtaining and using measures of public contracts, and cooperative agreements, innovative techniques; satisfaction with court processes to the Institute is authorized to perform the 3. Research on alternative means for improve court performance; following activities: using judicial and nonjudicial personnel 13. Testing and evaluating A. Support research, demonstrations, in court decisionmaking activities, experimental approaches to provide special projects, technical assistance, implementation of demonstration increased citizen access to justice, and training to improve the programs to test such innovative including processes which reduce the administration of justice in the State approaches, and evaluations of their cost of litigating common grievances courts; effectiveness; and alternative techniques and B. Provide for the preparation, 4. Studies of the appropriateness and mechanisms for resolving disputes publication, and dissemination of efficacy of court organizations and between citizens; information regarding State judicial financing structures in particular States, 14. Collection and analysis of systems; and support to States to implement information regarding the admissibility C. Participate in joint projects with plans for improved court organization and quality of expert testimony on the Federal agencies and other private and financing; experiences of battered women offered grantors; 5. Support for State court planning as part of the defense in criminal cases D. Evaluate or provide for the and budgeting staffs and the provision under State law, as well as sources of evaluation of programs and projects of technical assistance in resource and methods to obtain funds to pay funded by the Institute to determine allocation and service forecasting costs incurred to provide such their impact upon the quality of techniques; testimony, particularly in cases criminal, civil, and juvenile justice and 6. Studies of the adequacy of court involving indigent women defendants; the extent to which they have management systems in State and local 15. Development of training materials contributed to improving the quality of courts, and implementation and to assist battered women, operators of justice in the State courts; evaluation of innovative responses to domestic violence shelters, battered E. Encourage and assist in furthering records management, data processing, women’s advocates, and attorneys to use judicial education; court personnel management, reporting expert testimony on the experiences of F. Encourage, assist, and serve in a and transcription of court proceedings, battered women in appropriate cases, consulting capacity to State and local and juror utilization and management; and individuals with expertise in the 53788 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices experiences of battered women to falls within the scope of the ‘‘special visitation, and other domestic relations develop skills appropriate to providing interest’’ program areas designated cases when key family members or such testimony; below, or (2) information coming to the property are outside the United States; 16. Research regarding State judicial attention of the Institute from the State and develop protocols to facilitate decisions relating to child custody courts, their affiliated organizations, the service of process, the enforcement of litigation involving domestic violence; research literature, or other sources orders of judgment, and the disposition 17. Development of training curricula demonstrates that the project responds of criminal and juvenile cases when a to assist State courts to develop an to another special need or interest of the non-U.S. citizen or corporation is understanding of, and appropriate State courts. involved; responses to child custody litigation Concept papers and applications Demonstrate and evaluate methods for involving domestic violence; which address a ‘‘Special Interest’’ involving the community in the 18. Dissemination of information and category will be accorded a preference sentencing process, such as community training materials and provision of in the rating process. (See the selection impact statements, community oversight technical assistance regarding the issues criteria listed in sections VI.B., of compliance with community service listed in paragraphs 14–17 above; ‘‘Concept Paper Submission and probation conditions, or other 19. Development of national, regional, Requirements for New Projects,’’ and innovative court-community links and in-State training and educational VIII.B., ‘‘Application Review focused on the sentencing process; programs dealing with criminal and Procedures.’’) Foster positive attitudes toward jury civil aspects of interstate and service and enhance the attractiveness 2. Specific Categories international parental child abduction; of juror service through, e.g., incentives 20. Other programs, consistent with The Board has designated the areas to participate, modifications of terms of the purposes of the State Justice set forth below as ‘‘Special Interest’’ service, and/or juror orientation and Institute Act, as may be deemed program categories. The order of listing education programs. appropriate by the Institute, including does not imply any ordering of priorities Demonstrate and evaluate the impact projects dealing with the relationship among the categories. of methods for improving juror between Federal and State court systems comprehension in criminal and civil a. Improving Public Confidence in the cases, such as access to technology in in areas where there is concurrent State- Courts Federal jurisdiction and where Federal the jury room to permit review of courts, directly or indirectly, review This category includes demonstration, computerized exhibits of evidence State court proceedings. evaluation, research, and education presented in the case, use of specially Funds will not be made available for projects designed to improve the qualified juries in complex cases, the ordinary, routine operation of court responsiveness of courts to public delivery of instructions throughout the systems or programs in any of these concerns regarding the fairness, trial, and testimony by court-appointed areas. accessibility, timeliness, and neutral experts; comprehensibility of the court process, Examine the impact of the grand jury B. Special Interest Program Categories and test innovative methods for process on due process requirements, 1. General Description increasing the public’s confidence in the caseflow management, court operations, State courts. and the public’s perception of the The Institute is interested in funding The Institute is particularly interested fairness of court proceedings, and both innovative programs and programs in supporting innovative projects that develop appropriate recommendations of proven merit that can be replicated in examine, develop, and test methods that for improving the management of the other jurisdictions. Although trial or appellate courts may use to: process; and applications in any of the statutory Improve service to individual litigants Assess the impact of live television program areas are eligible for funding in and trial participants, including coverage of trials on court proceedings, FY 1997, the Institute is especially innovative methods for handling cases public understanding, and fairness to interested in funding those projects that: involving unrepresented litigants fairly litigants. a. Formulate new procedures and and effectively and for dealing with Institute funds may not be used to techniques, or creatively enhance litigants unwilling to follow existing arrangements to improve the directly or indirectly support legal administrative and legal procedures; representation of individuals in specific courts; Test methods for more clearly and cases b. Address aspects of the State effectively communicating information judicial systems that are in special need about judicial decisions, the trial and Previous SJI-supported projects that of serious attention; appellate court process, and court address these issues include: a National c. Have national significance in terms operations to litigants and the public; Town Hall Meeting Videoconference, a of their impact or replicability in that Develop policies, protocols, and National Conference on Eliminating they develop products, services, and procedures designed to prevent Race and Ethnic Bias in the Courts, and techniques that may be used in other harassment, threats, and incidents projects to implement the action plans States; and endangering the lives and property of developed at these conferences; a d. Create and disseminate products judges, court employees, jurors, guidebook for developing effective that effectively transfer the information litigants, witnesses, and members of the court-based programs for assisting pro and ideas developed to relevant public in court facilities; se litigants, as well as development of audiences in State and local judicial Eliminate race, ethnic, and gender a self-service center and touchscreen systems or provide technical assistance bias in the courts; computer kiosks, videotapes, and to facilitate the adaptation of effective Address court-community problems written materials to assist unrepresented programs and procedures in other State resulting from the influx of legal and litigants; educational materials for court and local jurisdictions. illegal immigrants, including projects to employees on serving the public; a A project will be identified as a define the impact of immigration on manual and other materials for ‘‘Special Interest’’ project if it meets the State courts; design and assess managing and coordinating court four criteria set forth above and (1) it procedures for use in custody, interpretation services, and materials for Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53789 training and certifying court Include self-directed learning provide support for projects that adapt interpreters; a colloquium on the packages such as those using interactive and implement model curricula adversary system; a demonstration of computer-programs, videos, audio and previously developed with SJI support. the use of community volunteers to visual media supported by written The goal of the Curriculum monitor adult probationers and to materials or manuals, or other distance- Adaptation program is to provide State monitor guardianships; evaluation of learning approaches to assist those who and local courts with sufficient support community-based court programs in do not have ready access to classroom- to prepare and test a model curriculum, New York City; studies of effective and centered programs; course module, national or regional efficient methods for providing legal Test the use of the Internet as a means conference program, or other model representation to indigent parties in of delivering educational programs for education program developed with SJI criminal and family cases and the judges and court personnel, or for funds and modified to meet a State’s or applicability of various dispute facilitating and organizing the exchange local jurisdiction’s educational needs. resolution procedures to different of information on trends, problems, and Generally, it is anticipated that the cultural groups; guidelines for court- issues affecting the courts; adapted curriculum would become part annexed day care systems; a manual for Familiarize faculty with the effective of the grantee’s ongoing educational implementing innovations in jury use of instructional technology offerings, and that local instructors selection, use, and management; a guide including methods for effectively would receive the training needed to for making juries accessible to persons presenting information through videos enable them to make future with disabilities; and an assessment of and satellite teleconferences; presentations of the curriculum. An the effect of allowing jurors to discuss Involve collaboration between the illustrative list of the curricula that may the evidence prior to the deliberations judicial, executive, and legislative be appropriate for the adaptation is on the verdict. branches of government such as contained in Appendix III. programs to explore what are ethically Curriculum Adaptation grants are b. Education and Training for Judges limited to no more than $20,000 each. and Other Key Court Personnel proper and improper interactions between judges and legislators; Only State or local courts may apply for The Institute continues to be Enhance communication and Curriculum Adaptation funding. As interested in supporting an array of cooperation among courts within a with other awards to State or local projects to strengthen and broaden the metropolitan area or multi-State region; courts, cash or in-kind match must be availability of court education programs (b) The Institute also is interested in provided equal to at least 50% of the at the State, regional, and national supporting the development and testing grant amount requested. levels. Accordingly, this category is of curricula on critical issues such as: (b) Review Criteria. Curriculum divided into subsections: (i) The development of judicial Adaptation grants will be awarded on Development of Innovative Educational leadership abilities; the basis of criteria including: the goals Programs; (ii) Curriculum Adaptation The need for effective approaches to and objectives of the proposed project; Projects; and (iii) Scholarships. screening and sentencing adult and the need for outside funding to support i. Development of Innovative juvenile sexual offenders; the program; the likelihood of effective Educational Programs. This category The appropriate use and management implementation; the appropriateness of includes support for the development of specialized calendars or court the educational approach in achieving and testing of educational programs for divisions (e.g., for substance abuse, the project’s educational objectives; the judges or court personnel that address domestic violence, or commercial cases) likelihood of effective implementation key substantive and administrative as well as the necessary substantive and integration into the State’s or local issues of concern to the nation’s courts, expertise to preside over such cases; jurisdiction’s ongoing educational or assist local courts or State court The appropriate and effective programming; and expressions of systems to develop or enhance their methods for preventing harassment, interest by the judges and/or court capacity to deliver quality continuing threats or incidents endangering the personnel who would be directly education. Programs may be designed lives and property of judges, court involved in or affected by the project. In for presentation at the local, State, personnel, jurors, litigants, witnesses making Curriculum Adaptation awards, regional, or national level. Ordinarily, and the public in court facilities, and the Institute will also consider factors court education programs should be managing cases involving groups or such as the reasonableness of the based on some form of assessment of the individuals unwilling to cooperate with amount requested, compliance with the needs of the target audience; include legal or administrative procedures; statutory match requirements, diversity clearly stated learning objectives that The application of the standards set of subject matter, geographic diversity, delineate the new knowledge or skills forth in Daubert v. Merrell Dow the level of appropriations available in that participants will acquire; Pharmaceuticals, Inc. governing the the current year, and the amount incorporate adult education principles admissibility of scientific and technical expected to be available in succeeding and varying teaching/learning methods; evidence, and the application of the fiscal years. and result in the development of a recently released National Academy of (c) Application Procedures. In lieu of curriculum as defined in section III.J. Sciences report on forensic DNA concept papers and formal applications, (a) The Institute is particularly evidence; applicants for grants may submit a interested in the development of The methods for fairly, effectively, detailed letter and three photocopies. education programs that: and expeditiously resolving so-called Although there is no prescribed form for Assist local courts, State court Strategic Lawsuits Against Public the letter, nor a minimum or maximum systems, and court systems in a Participation (SLAPP) suits; and page limit, letters of application should geographic region to develop or enhance Other topics addressed by SJI- include the following information to a systematic program of continuing supported demonstration, evaluation, or assure that each of the criteria for education, training, and career research projects. evaluating applications is addressed: development for judges and court ii. Curriculum Adaptation Projects. Project Description. What are the personnel as an integral part of court (a) Description of the Program. The project’s goals and learning objectives? operations; Board is reserving up to $175,000 to What is the title of the model 53790 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices curriculum to be tried and who approval and negotiation of the final and the program site.) Funds to pay developed it? What program terms of the grant. tuition and transportation expenses in components would be implemented, (d) Grantee Responsibilities. A excess of $1,500, and other costs of and what benefits would be derived recipient of a Curriculum Adaptation attending the program such as lodging, from this test? Why is this education grant must: meals, materials, and local program needed at the present time? Comply with the same quarterly transportation (including rental cars) at Who will be responsible for adapting reporting requirements as other Institute the site of the education program, must the model curriculum, and what types grantees (see Section X.L., infra); be obtained from other sources or be of modifications, if any, in length, Include in each grant product a borne by the scholarship recipient. format, and content are anticipated? prominent acknowledgment that Scholarship applicants are Who will the participants be, how will support was received from the Institute, encouraged to check other sources of they be recruited, and from where will along with the ‘‘SJI’’ logo and a financial assistance and to combine aid they come (e.g., from across the State, disclaimer paragraph (See section X.Q. from various sources whenever possible. from a single local jurisdiction, from a of the Guideline); and Scholarship recipients are also multi-State region)? How many Submit two copies of the manuals, encouraged to check with their tax participants are anticipated? handbooks, or conference packets advisor to determine whether the Need for Funding. Why are sufficient developed under the grant at the scholarship constitutes taxable income State or local resources unavailable to conclusion of the grant period, along under Federal and State law. fully support the modification and with a final report that includes any (b) Eligibility Requirements. Because presentation of the model curriculum? evaluation results and explains how the of the limited amount of funds What is the potential for replicating or grantee intends to replicate the program available, scholarships can be awarded integrating the program in the future in the future. only to full-time judges of State or local using State or local funds, once it has Applicants seeking other types of trial and appellate courts; full-time been successfully adapted and tested? funding for developing and testing professional, State or local court Likelihood of Implementation. What educational programs must comply with personnel with management is the proposed timeline for modifying the requirements for concept papers and responsibilities; and supervisory and and presenting the program? Who applications set forth in Sections VI and management probation personnel in would serve as faculty and how were VII or the requirements for renewal judicial branch probation offices. Senior they selected? Will the presentation of applications set forth in Section IX. judges, part-time judges, quasi-judicial the program be evaluated and, if so, by iii. Scholarships for Judges and Court hearing officers including referees and whom? (Ordinarily, an independent Personnel. The Institute is reserving up commissioners, State administrative law evaluation is not necessary; however, to $200,000 to support a scholarship judges, staff attorneys, law clerks, line the results of any evaluation should be program for State court judges and court staff, law enforcement officers, and included in the final report.) What managers. other executive branch personnel are measures will be taken to facilitate (a) Program Description/Scholarship not eligible to receive a scholarship. subsequent presentations of the adapted Amounts. The purposes of the Institute (c) Application Procedures. Judges program? scholarship program are to: enhance the and court managers interested in Expressions of Interest By Judges and/ knowledge, skills, and abilities of judges receiving a scholarship must submit the or Court Personnel. Does the proposed and court managers; enable State court Institute’s Judicial Education program have the support of the court judges and court managers to attend out- Scholarship Application Form (Form system leadership, and of judges, court of-State educational programs S1, see Appendix V). An applicant may managers, and judicial education sponsored by national and State apply for a scholarship for only one personnel who are expected to attend? providers that they could not otherwise educational program during any one (This may be demonstrated by attaching attend because of limited State, local, application cycle. Applications must be letters of support.) and personal budgets; and provide submitted by: Budget and Matching State States, judicial educators, and the October 1, 1996, for programs Contribution. Applicants should attach Institute with evaluative information on beginning between January 1, and a copy of budget Form E (see Appendix a range of judicial and court-related March 31, 1997; VI) and a budget narrative (see Section education programs. January 7, 1997, for programs VII.B.) that describes the basis for the Scholarships will be granted to beginning between April 1 and June 30, computation of all project-related costs individuals only for the purpose of 1997; and the source of the match offered. attending an out-of-State educational April 1, 1997, for programs beginning Local courts should attach a program within the United States. The between July 1 and September 30, 1997; concurrence signed by the Chief Justice annual or midyear meeting of a State or and of the State or his or her designee. (See national organization of which the July 1, 1997, for programs beginning Form B, Appendix VII.) applicant is a member does not qualify between October 1, and December 31, Letters of application may be as an out-of-State educational program 1997. submitted at any time. However, for scholarship purposes, even though it No exceptions or extensions will be applicants should allow at least 90 days may include workshops or other granted. Applicants are encouraged not between the date of submission and the training sessions. to wait for the decision on the date of the proposed program to allow A scholarship may cover the cost of scholarship to register for the sufficient time for needed planning. tuition and transportation up to a educational program they wish to The Board of Directors has delegated maximum total of $1,500 per attend. its authority to approve Curriculum scholarship. (Transportation expenses (d) Concurrence Requirement. All Adaptation grants to its Judicial include round-trip coach airfare or train scholarship applicants must obtain the Education Committee. The committee fare. Recipients who drive to the site of written concurrence of the Chief Justice anticipates acting upon applications the program may receive $.31/mile up to of his or her State’s Supreme Court (or within 45 days after receipt. Grant funds the amount of the advanced purchase the Chief Justice’s designee) on the will be available only after committee round-trip airfare between their home Institute’s Judicial Education Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53791

Scholarship Concurrence form (Form evaluations by participants or other comparison among research studies by S2, see Appendix V). Court managers, professionals in the field, or prior SJI using similar measures and definitions; other than elected clerks of court, also support for this or other programs address the nature and operation of should submit a letter of support from sponsored by the organization; ADR programs within the context of the their supervisor. The Concurrence form Geographic balance; court system as a whole; and compare (Form S2) may accompany the The balance of scholarships among dispute resolution processes to attorney application or be sent separately. types of applicants and courts; settlement as well as trial. Specific However, the original signed The balance of scholarships among topics of interest include: Concurrence form must be received by educational programs; and The appropriate timing for referrals to the Institute within two weeks after the The level of appropriations available dispute resolution services and the appropriate application mailing to the Institute in the current year and effects of implementing such referrals at deadline (i.e., by October 15, 1996, or the amount expected to be available in various stages during litigation; January 21, April 15, or July 15, 1997). succeeding fiscal years. The effect of different referral No application will be reviewed if a (f) Non-transferability. Scholarships methods including any differences in signed Concurrence form has not been are not transferable to another outcome between voluntary and received by the required date. individual. They may be used only for mandatory referrals; (e) Review Procedures/Selection the course specified in the application The special procedures or approaches Criteria. The Board of Directors has unless the recipient submits a letter incorporated into court-connected delegated the authority to approve or requesting to attend a different course. dispute resolution programs to take into deny scholarships to its Judicial The letter must explain the reasons for account the differences in various Education Committee. The Institute the change; the need for the information cultural communities’ attitudes toward intends to notify each applicant whose or skills to be provided by the new conflict and authority; scholarship has been approved within course; how the information or skills The assessment of innovative 60 days after the relevant application will be used to benefit the individual, approaches that provide rural courts deadline. The Committee will reserve his or her court, and/or the courts of the and other under-served areas with adequate court-connected dispute sufficient funds each quarter to assure State; and how the knowledge or skills resolution services; and the availability of scholarships gained will be disseminated. Requests to use a scholarship for a different course The development and evaluation of throughout the year. innovative court-connected dispute The factors that the Institute will must be approved by the Judicial resolution programs for resolving consider in selecting scholarship Education Committee of the Institute’s Board of Directors. Ordinarily, decisions complex and multi-party cases. recipients are: Applicants should be aware that the The applicant’s need for education in on such requests will be made within 30 Institute will not provide operational the particular course subject and how days after the receipt of the request support for on-going ADR programs or the applicant would apply the letter. start-up costs of non-innovative ADR information/skills gained; (g) Responsibilities of Scholarship The benefits to the applicant’s court Recipients. In order to receive the funds programs. Courts also should be advised or the State’s court system that would be authorized by a scholarship award, that it is preferable for the applicant to derived from the applicant’s recipients must submit a Scholarship use its funds to support the operational participation in the specific educational Payment Voucher (Form S3) together costs of an innovative program and program, including a description of with a tuition statement from the request Institute funds to support current legal, procedural, program sponsor, and a transportation related technical assistance, training, administrative, or other problems fare receipt (or statement of the driving and evaluation elements of the program. In previous funding cycles, grants affecting the State’s courts, related to mileage to and from the recipient’s have been awarded to support topics to be addressed at the educational home to the site of the educational evaluation of the use of mediation in program (in addition to submission of a program). Recipients also must submit civil, domestic relations, juvenile, signed Form S2); to the Institute a certificate of The absence of educational programs attendance at the program, an probate, medical malpractice, appellate, in the applicant’s State addressing the evaluation of the educational program and minor criminal cases. SJI grants also particular topic; they attended, and a copy of the notice have supported assessments of the How the applicant will disseminate of any scholarship funds received from impact of private judging on State the knowledge gained (e.g., by other sources. A copy of the evaluation courts; multi-door courthouse programs; developing/teaching a course or must be sent to the Chief Justice of their arbitration of civil cases; screening and providing in-service training for judges State. intake procedures for mediation; the or court personnel at the State or local A State or a local jurisdiction may relationship between mediator training level); impose additional requirements on and qualifications, and case outcome The length of time that the applicant scholarship recipients that are and party satisfaction; and trial and intends to serve as a judge or court consistent with SJI’s criteria and appellate level civil settlement manager, assuming reelection or requirements, e.g., a requirement to programs. In addition, SJI has supported reappointment, where applicable; serve as faculty on the subject at a State- the creation of a national ADR resource The likelihood that the applicant or locally-sponsored judicial education center and a national database of court- would be able to attend the program program. connected dispute resolution programs; without a scholarship; the development of training programs The unavailability of State or local c. Dispute Resolution and the Courts for judges; the testing of Statewide and funds to cover the costs of attending the This category includes education, trial court-based ADR monitoring/ program; research, evaluation, and demonstration evaluation systems and implementation The quality of the educational projects to evaluate or enhance the manuals; the promulgation of principles program to be attended as demonstrated effectiveness of court-connected dispute and policies regarding the by the sponsoring organization’s resolution programs. The Institute is qualifications, selection, and training of experience in judicial education, interested in projects that facilitate court-connected neutrals; development 53792 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices of standards for court-annexed designed to link disparate automated courts as they enter the 21st Century, as mediation programs; and an judicial and criminal justice information well as projects that develop and test examination of the applicability of systems throughout a State; a innovative approaches for managing the various dispute resolution procedures to computerized voice information system courts, securing and managing the different cultural groups. permitting parties telephone access to resources required to fully meet the case information; an automated public responsibilities of the judicial branch, d. Application of Technology information directory of courthouse and institutionalizing long-range This category includes the testing of facilities and services; and a computer- planning processes. In particular the innovative applications of technology to integrated courtroom that provides full Institute is interested in: improve the operation of court access to the judicial system for hearing- i. Demonstration, evaluation, management systems and judicial impaired jurors, witnesses, crime education, research, and technical practices at both the trial and appellate victims, litigants, attorneys, and judges. assistance projects to: court levels. The Institute has also supported Develop, implement, and assess The Institute seeks to support local projects demonstrating and evaluating innovative case management techniques experiments with promising but records technology, including: an for cases involving juveniles; untested applications of technology in electronic document management Facilitate communication, the courts that include an evaluation of system; a court management information sharing, and coordination the impact of the technology in terms of information display system; the between the juvenile and criminal costs, benefits, and staff workload, and integration of bar-coding technology courts; a training component to assure that the with an existing automated case Assess the effects of innovative staff is appropriately educated about the management system; an on-bench management approaches designed to purpose and use of the new technology. automated system for generating and assure quality services to court users; In this context, ‘‘untested’’ refers to processing court orders; an automated Institutionalize long-range planning novel applications of technology judicial education management system; approaches in individual States and developed for the private sector and a document management system for local jurisdictions, including other fields that have not previously small courts using imaging technology; development of an ongoing internal been applied to the courts. and the use of automated teller capacity to conduct environmental The Institute is particularly interested machines for paying jurors. scanning, trends analysis, and in supporting efforts to: evaluate the use SJI grants have also supported court benchmarking; and of the Internet for case and document technology assistance services, e.g., a Develop and test mechanisms for filing; establish standards for judicial court technology bulletin to inform linking assessments of effectiveness electronic data interchange (EDI); and judges and court managers about the such as the Trial Court Performance test local, Statewide, and/or interstate latest developments in court-related Standards to fiscal planning and demonstrations of the courts’ use of EDI; technologies; a court technology budgeting, including service efforts and evaluate innovative applications of laboratory to provide judges and court accomplishments approaches (SEA), technology to prevent courthouse managers an opportunity to test performance audits, and performance incidents that endanger the lives and automated court-related hardware and budgeting; and the testing of innovative property of judges, court personnel, and software; a technical information service programs and procedures for providing courtroom participants; demonstrate to respond to specific inquiries clear and open communications and evaluate innovative information concerning court-related technologies; between the judicial and legislative system links between courts and programs that allow public access to branches of government. criminal justice, social service, and electronically stored court information; ii. The preparation of essays exploring treatment agencies. and a planning guide for undertaking possible changes in the court process or Ordinarily, the Institute will not large-scale automation projects. judicial administration and their provide support for the purchase of Grants also provided support for implications for judges, court managers, equipment or software in order to national court technology conferences; policymakers, and the public. Grants implement a technology that has been model rules on the use of computer- supporting such ‘‘think pieces’’ are thoroughly tested in the courts, such as generated demonstrative evidence and limited to no more than $10,000. The the establishment of videolinks between electronic documentary evidence; resulting essay should be of publishable courts and jails, the use of optical guidelines on privacy and public access quality and directed to the court imaging for recordkeeping, and the to electronic court information and on community. creation of an automated management court access to the information Possible topics include, but are not information system. (But see section superhighway; a computerized citizen limited to: the ramifications of ‘‘virtual II.C.1. on projects to meet a critical need intake and referral service; an ‘‘analytic trials’’ (i.e., proceedings in which of a single jurisdiction.) See section judicial desktop system’’ to assist judges several of the trial participants XI.H.2.b. regarding other limits on the in making sentencing decisions; a including the parties, counsel, use of grant funds to purchase Statewide automated integrated case witnesses, the judge, and the jury may equipment and software. docketing and record-keeping system; a not be physically in the courtroom); the In previous funding cycles, grants prototype computerized benchbook implications of the greater use of have been awarded to support: using hypertext technology; and technology-enhanced courtroom demonstration and evaluation of computer simulation models to assist presentations, especially when there is communications technology including State courts in evaluating potential an imbalance of resources among the the availability of electronic forms and strategies for improving civil caseflow. parties; the appropriateness of information on the Internet to assist pro modifying methods of selecting, se litigants; access to case data via the e. Court Planning, Management, and qualifying, and using juries; and the Internet; guidelines for electronic Financing uses of technology to better inform and transfer of court documents; interactive The Institute is interested in prepare jurors. kiosks to assist pro se litigants; a multi- supporting projects that explore In previous grant cycles, the Institute user ‘‘system for judicial interchange’’ emerging issues that will affect the State has funded planning, futures, and Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53793 innovative management projects materials on scientific evidence; a in drug court programs; assess the including: national and Statewide workshop on the use of DNA evidence impact of legislation and court decisions ‘‘future and the courts’’ conferences and in criminal proceedings; and a dealing with drug-affected infants, and training; curricula, guidebooks and a benchbook for judges on the credibility, strategies for coping with increasing video on visioning, and a long-range competence, and courtroom treatment of caseload pressures; develop a planning guide for trial courts; technical child witnesses as well as protocols for benchbook and other educational assistance to courts conducting futures questioning child victims of crime. materials to assist judges in child abuse and long-range planning activities; a g. Substance Abuse and neglect cases involving parental National Interbranch Conference on substance abuse and in developing Funding the State Courts; a test of the This category includes projects to appropriate sentences for pregnant feasibility of implementing the Trial develop and evaluate innovative substance abusers; test the use of a dual Court Performance Standards in four techniques that courts may use to diagnostic treatment model for domestic States; Appellate Court Performance handle substance abuse-related violence cases in which substance abuse Standards and Measures; total quality criminal, civil, juvenile, and domestic was a factor; and present local and management principles to court relations cases fairly and expeditiously. regional educational programs for operations, as well as a TQM guidebook In particular, the Institute is interested judges and other court personnel on and training materials for trial courts; a in projects to: substance abuse and its treatment. revision of the Standards on Judicial Prepare and test measures, forms, and h. Children and Families in Court Administration; projects identifying the other tools for self-evaluation of a ‘‘drug causes of delay in trial and appellate court’’ (i.e., a specialized calendar for This category includes education, courts; and a national agenda for substance abuse cases combined with a demonstration, evaluation, technical reducing litigation cost and delay. court-enforced substance abuse assistance, and research projects to treatment program); identify and inform judges of f. Resolution of Current Evidentiary Develop and test innovative innovative, appropriate, and effective Issues management information systems to approaches for handling cases involving This category includes educational facilitate the sharing of information children and families. The Institute is programs and other projects to assist among courts, and the agencies and particularly interested in projects that : judges in deciding questions regarding: service providers involved in the i. Assist courts in addressing the The admissibility of new forms of operation of a drug court; special needs of children in cases Assess the effect of managed health- demonstrative evidence, including involving family violence, including the care plans on the availability and cost computer simulations, and providing development and testing of innovative of drug treatment services for drug appropriate jury instructions regarding protocols, procedures, educational courts and other court-enforced such evidence; programs, and other measures for treatment programs, and assist courts in The appropriate use of expert improving the capacity of courts to: shaping managed care plans to enhance testimony in criminal cases concerning Adjudicate child custody cases in the availability of necessary services at the possible mitigating impact of the which family violence may be involved; a reasonable cost; prior victimization of the defendant; Determine and address the service The admissibility and weight of Develop and test educational needs of children exposed to family complex scientific or technical evidence programs for judges and court personnel violence and the methods for mitigating and applying the standards set forth in concerning the management of drug those effects when issuing protection, Daubert v. Merrell Dow courts developing collaborative efforts custody, visitation, or other orders; Pharmaceuticals, Inc. governing the with community service agencies to admissibility of scientific and technical support the work of drug courts, or the Adjudicate and monitor child abuse evidence; ethical issues that may be involved in and neglect litigation and reconcile the The admissibility of genetic evidence operating a drug court; and need to protect the child with the generally, and the findings of the Test the applicability of the drug requirement to make reasonable efforts recently released National Academy of court model to substance abuse-related to maintain or reunite the family. Sciences report evaluating forensic DNA cases involving juveniles and cases ii. Enhance the fairness and evidence, in particular; requiring other treatment or services in effectiveness of juvenile delinquency The admissibility of testimony based addition to substance abuse treatment proceedings, including projects that: on recovered memory, and the (e.g., child abuse, or mental health Prepare curricula and materials on admissibility of expert testimony about cases). how to manage cases involving gang memory recovery; and The Institute has supported the members fairly, safely, and effectively, The application of rape shield laws presentation of the 1995 National including the use of appropriate and other limits on the introduction of Symposium on the Implementation and procedures for determining pre- evidence or the cross-examination of Operation of Court-Enforced Drug adjudication release, protecting witnesses. Treatment Programs as well as the 1991 witnesses, and developing effective In previous funding cycles, the National Conference on Substance dispositions; Institute has supported the analysis of Abuse and the Courts, and efforts to Prepare curricula and materials for issues related to the use of expert implement the State and local plans judges and court staff on accurately testimony in criminal cases involving developed at these Conferences. identifying those juvenile offenders who domestic violence; a computer-assisted It has also supported projects to are likely to pursue criminal careers and training program on evidentiary evaluate court-enforced treatment intervening more effectively when such problems for juvenile and family court programs; special court-ordered a youth is identified; judges; training on medical/legal and programs for women offenders, and Develop and test effective approaches scientific evidence issues; a national other court-based alcohol and drug for the detention, adjudication, and conference on mass tort litigation; assessment programs; replicate the Dade disposition of juveniles under age 13 regional seminars on evidentiary County program in non-urban sites; who are accused of involvement in a questions; a videotape and other involve community groups and families violent offense; 53794 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

iii. Improve the fairness and innovative approaches for coordinating violence cases; evaluation of the effectiveness of proceedings to services for children and youth. effectiveness of court-ordered treatment determine custody, visitation, and for family violence offenders and of the i. Improving the Courts’ Response to support issues, including projects that: use of alternatives to adjudication in Domestic Violence and Gender-Related Develop and test guidelines, child abuse cases; development of ways Crimes of Violence curricula, and other materials to assist to improve the effectiveness of civil trial judges in determining the best This category includes education, protection orders for family violence interest of a child, particularly when an demonstration, technical assistance, victims; an examination of state-of-the- adoption is contested, or when a parent evaluation, and research projects to art court practices for handling family who has been awarded custody seeks to improve the fair and effective violence cases; recommendations on relocate; processing, consideration, and how to improve access to rural courts Develop and test guidelines, disposition of cases concerning for victims of family violence; curricula, and other materials to assist domestic violence and gender-related exploration of the policy issues related trial judges in establishing and violent crimes, including projects on: to and the development of curricula on enforcing custody, visitation, and The effective use and enforcement of the use of mediation in domestic support orders in cases in which a intra- and inter-State protective orders relations cases involving allegations of child’s parents were never married to and the implications for the courts of violence; videotapes and other each other. the full faith and credit provisions of the educational programs for the parties in iv. Improve the effectiveness and Violence Against Women Act; divorce actions and their children; and operating efficiency of juvenile and The effective use of electronic an analysis of the issues related to the family courts, including projects to: databases of protection orders; use of expert testimony in criminal Improve the capacity of courts, The effectiveness of specialized cases involving domestic violence. regardless of structure, to expeditiously calendars or divisions for considering coordinate and share appropriate domestic violence cases and related j. The Relationship Between State and information for multiple cases involving matters, including their impact on Federal Courts members of the same family; victims, offenders, and court operations; This category includes education, Develop and test innovative The most effective procedures for research, demonstration, and evaluation techniques for improving conducting ‘‘fatality reviews,’’ and the projects designed to facilitate communication, sharing information, impact of such reviews on the courts, appropriate and effective and coordination between juvenile and criminal justice agencies, and the communication, cooperation, and criminal courts and divisions; and public; coordination between State and Federal Improve the handling of the criminal Appropriate consideration of cultural courts. The Institute is particularly and civil aspects of interstate and issues in adjudicating and developing interested in innovative projects that: international parental child abductions. effective dispositions in cases involving i. Develop and test curricula and other In previous funding cycles, the domestic violence; educational materials to illustrate Institute supported a national and State Effective methods that courts can use effective methods being used at the trial conferences on courts, children, and the to monitor and respond to stalking; court, State, and Circuit levels to family; a review of juvenile courts in Determining when it may be coordinate cases and administrative light of the upcoming 100th anniversary appropriate to refer a case involving activities, and share facilities; and of the founding of the first juvenile family violence for mediation and what ii. Develop and test new approaches court; a symposium on the resolution of procedures and safeguards should be to: interstate child welfare issues; the employed; Implement the habeas corpus preparation of educational materials on Effective programs, procedures, and provisions of the Anti-Terrorism Act of the questioning of child witnesses, strategies to coordinate the response to 1996; making reasonable efforts to preserve domestic violence and gender-related Handle capital habeas corpus cases families, adjudicating allegations of crimes of violence among courts, fairly and efficiently; child sexual abuse when custody is in criminal justice agencies, and social Coordinate and process mass tort dispute, child victimization, handling services programs, and to assure that cases fairly and efficiently at the trial child abuse and neglect cases when courts are fully accessible to victims of and appellate levels; parental substance abuse is involved, domestic violence and other gender- Coordinate the adjudication of related and on children as the silent victims of related violent crimes; and State and Federal criminal cases; spousal abuse. Other Institute grants Effective sentencing approaches in Coordinate related State and Federal have supported the examination of cases involving domestic violence and cases that may be brought under the supervised visitation programs, effective other gender-related crimes, including Violence Against Women Act; court responses when domestic violence methods for accurately identifying Exchange information and coordinate and custody disputes coincide, and potentially lethal batterers. calendars among State and Federal foster care review procedures. Institute funds may not be used to courts; and In addition, the Institute has provide operational support to programs Share jury pools, alternative dispute supported projects to enhance offering direct services or compensation resolution programs, and court services. coordination of cases involving the to victims of crimes. In previous funding cycles, the same family that are being heard in In previous funding cycles, the Institute has supported national and different courts; assistance to States Institute supported national and State regional conferences on State-Federal considering establishment of a family conferences on family violence and the judicial relationships, a national court; development of national and courts as well as projects to implement conference on mass tort litigation, and State-based training materials for the action plans developed at these the Chief Justices’ Special Committee on guardians ad litem; examinations of the conferences; curricula for judges on Mass Tort Litigation. In addition, the authority of the juvenile court to enforce handling family violence, rape, and Institute has supported projects treatment orders and the role of juvenile sexual assault cases; descriptions of developing judicial impact statement court judges; and development of innovative court practices in family procedures for national legislation Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53795 affecting State courts, and projects funds for projects under this section of subject matter, geographic diversity, examining methods of State and Federal must meet the requirements of sections the level of appropriations available to trial and appellate court cooperation; VI. (‘‘Concept Paper Submission the Institute in the current year, and the procedures for facilitating certification Requirements for New Projects’’) and amount expected to be available in of questions of law; the impact on the VII. (‘‘Application Requirements’’), succeeding fiscal years. State courts of diversity cases and cases respectively, and must demonstrate that: The Board has delegated its authority brought under section 1983; the i. The proposed project is essential to to approve these grants to its Technical procedures used in Federal habeas meeting a critical need of the Assistance Committee. corpus review of State court criminal jurisdiction; and d. Application Procedures. cases; the factors that motivate litigants ii. The need cannot be met solely with i. In lieu of formal applications, to select Federal or State courts; and the State and local resources within the applicants for Technical Assistance mechanisms for transferring cases foreseeable future. grants may submit, at any time, an original and three copies of a detailed between Federal and State courts, as 2. Technical Assistance Grants well as the methods for effectively letter describing the proposed project consolidating, deciding, and managing a. Description of the Program. The and addressing the issues listed below. complex litigation. The Institute has Board will set aside up to $400,000 of Letters from an individual trial or also supported a test of assigning Fiscal Year 1997 funds to support the appellate court must be signed by the specialized law clerks to trial courts provision of technical assistance to State presiding judge or manager of that court. hearing capital cases in order to and local courts. The exact amount to be Letters from the State court system must improve the fairness and efficiency of awarded for these grants will depend on be signed by the Chief Justice or State death penalty litigation at the trial level, the number and quality of the Court Administrator. a clearinghouse of information on State applications submitted in this category ii. Although there is no prescribed constitutional law decisions, and other categories of the Guideline. It form for the letter nor a minimum or educational programs for State judges is anticipated, however, that at least maximum page limit, letters of on coordination of Federal bankruptcy $100,000 will be available each quarter application should include the cases with State litigation, and a to support Technical Assistance grants. following information to assure that seminar examining the implications of The program is designed to provide each of the criteria is addressed: the ‘‘Federalization’’ of crime. State and local courts with sufficient Need for Funding. What is the critical support to obtain technical assistance to need facing the court? How will the C. Single Jurisdiction Projects diagnose a problem, develop a response proposed technical assistance help the The Board will consider supporting a to that problem, and initiate court to meet this critical need? Why limited number of projects submitted by implementation of any needed changes. cannot State or local resources fully State or local courts that address the Technical Assistance grants are support the costs of the required needs of only the applicant State or limited to no more than $30,000 each, consultant services? local jurisdiction. It has established two and may cover the cost of obtaining the Project Description. What tasks would categories of Single Jurisdiction services of expert consultants, travel by the consultant be expected to perform Projects: a team of officials from one court to and how would they be accomplished? examine a practice, program, or facility Who (what organization or individual) 1. Projects Addressing a Critical Need of in another jurisdiction that the would be hired to provide the assistance a Single State or Local Jurisdiction applicant court is interested in and how was this consultant selected? a. Description of the Program. The replicating, or both. Technical If a consultant has not yet been Board will set aside up to $300,000 to assistance grant funds ordinarily may identified, what procedures and criteria support projects submitted by State or not be used to support production of a would be used to select the consultant? local courts that address the needs of videotape. Normally, the technical (Applicants are expected to follow their only the applicant State or local assistance must be completed within 12 jurisdiction’s normal procedures for jurisdiction. A project under this section months after the start-date of the grant. procuring consultant services.) What is may address any of the topics included b. Eligibility for Technical Assistance the time frame for completion of the in the Special Interest Categories or Grants. Only a State or local court may technical assistance? How would the Statutory Program Areas. In particular, apply for a Technical Assistance grant. court oversee the project and provide the Institute is interested in proposals to As with other awards to State or local guidance to the consultant, and who at replicate programs, procedures, or courts, cash or in-kind match must be the court would be responsible for strategies that have been developed, provided equal to at least 50% of the coordinating all project tasks and demonstrated, or evaluated by SJI- grant amount. submitting quarterly progress and supported projects. (A list of examples c. Review Criteria. Technical financial status reports? of such projects is contained in Assistance grants will be awarded on If the consultant has been identified, Appendix IV.) Replication grants are the basis of criteria including: whether a letter from that individual or limited to no more than $30,000 each. the assistance would address a critical organization documenting interest in Ordinarily, the Institute will not provide need of the court; the soundness of the and availability for the project, as well support solely for the purchase of technical assistance approach to the as the consultant’s ability to complete equipment or software. problem; the qualifications of the the assignment within the proposed Concept papers for single jurisdiction consultant(s) to be hired, or the specific time period and for the proposed cost, projects may be submitted by a State criteria that will be used to select the should accompany the applicant’s letter. court system, an appellate court, or a consultant(s); commitment on the part The consultant must agree to submit a limited or general jurisdiction trial of the court to act on the consultant’s detailed written report to the court and court. All awards under this category recommendations; and the the Institute upon completion of the are subject to the matching requirements reasonableness of the proposed budget. technical assistance. set forth in section X.B.1. The Institute also will consider factors Likelihood of Implementation. What b. Application Procedures. Concept such as the level and nature of the steps have been/will be taken to papers and applications requesting match that would be provided, diversity facilitate implementation of the 53796 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices consultant’s recommendations upon June 18 and September 30, 1996 will be Court also includes the office of the completion of the technical assistance? notified of the Board’s decision by court or council, if any, it designates to For example, if the support or December 9, 1996. Those submitting perform the functions described in this cooperation of specific court officials or letters between October 1, 1996 and Guideline. committees, other agencies, funding January 10, 1997 will be notified by C. Designated Agency or Council bodies, organizations, or a court other March 28, 1997. Notification of the than the applicant will be needed to Board’s decisions concerning letters The office or judicial body which is adopt the changes recommended by the mailed between January 11 and March authorized under State law or by consultant and approved by the court, 14, 1997, will be made by May 27, 1997. delegation from the State Supreme how will they be involved in the review Notice of decisions regarding letters Court to approve applications for funds of the recommendations and submitted between March 15 and June and to receive, administer, and be development of the implementation 13, 1997 will be made by August 31, accountable for those funds. plan? 1997. Subject to the availability of Budget and Matching State sufficient appropriations for fiscal year D. Grantee Contribution. A completed Form E, 1998, applicants submitting letters ‘‘Preliminary Budget’’ (see Appendix VI The organization, entity, or individual between June 14 and September 30, to which an award of Institute funds is to the Grant Guideline), must be 1997, will be notified by December 19, included with the applicant’s letter made. For a grant based on an 1997. application from a State or local court, requesting technical assistance. Please iv. If the support or cooperation of grantee refers to the State Supreme note that the estimated cost of the agencies, funding bodies, organizations, Court or its designee. technical assistance services should be or courts other than the applicant, broken down into the categories listed would be needed in order for the E. Subgrantee on the budget form rather than consultant to perform the required tasks, aggregated under the Consultant/ written assurances of such support or A State or local court which receives Contractual category. cooperation must accompany the Institute funds through the State The budget narrative should provide application letter. Support letters also Supreme Court. the basis for all project-related costs, may be submitted under separate cover; F. Match including the basis for determining the however, to ensure that there is estimated consultant costs (e.g., number sufficient time to bring them to the The portion of project costs not borne of days per task times the requested attention of the Board’s Technical by the Institute. Match includes both in- daily consultant rate). Applicants Assistance Committee, letters sent kind and cash contributions. Match should be aware that consultant rates under separate cover must be received does not include project-related income above $300 per day must be approved not less than two weeks prior to the such as tuition or revenue from the sale in advance by the Institute, and that no Board meeting at which the technical of grant products. Cash match is the grant funds may be used to pay a assistance requests will be considered direct outlay of funds by the grantee to consultant at a rate in excess of $900 per (i.e., by November 1, 1996, and February support the project. In-kind match day. In addition, the budget should 13, April 17, and July 11, 1997). consists of contributions of time, provide for submission of two copies of e. Grantee Responsibilities. Technical services, space, supplies, etc., made to the consultant’s final report to the Assistance grant recipients are subject to the project by the grantee or others (e.g., Institute. the same quarterly reporting advisory board members) working Recipients of technical assistance requirements as other Institute grantees. directly on the project. In-kind match grants do not have to submit an audit, At the conclusion of the grant period, a does not include the time of participants but must maintain appropriate Technical Assistance grant recipient attending an education program. Under documentation to support expenditures. must complete a Technical Assistance normal circumstances, allowable match (See section X.M.) Evaluation Form. The grantee also must may be incurred only during the project Support for the Project from the State submit to the Institute two copies of a period. When appropriate, and with the Supreme Court or its Designated Agency final report that explains how it intends prior written permission of the Institute, or Council. Written concurrence on the to act on the consultant’s match may be incurred from the date of need for the technical assistance must recommendations as well as two copies the Board of Directors’ approval of an be submitted. This concurrence may be of the consultant’s written report. award. Amounts contributed as cash or a copy of SJI Form B (see Appendix VII) in-kind match may not be recovered signed by the Chief Justice of the State III. Definitions through the sale of grant products Supreme Court or the Chief Justice’s The following definitions apply for during or following the grant period. designee, or a letter from the State Chief the purposes of this guideline: Justice or designee. The concurrence G. Continuation Grant may be submitted with the applicant’s A. Institute letter or under separate cover prior to The State Justice Institute. A grant to permit completion of consideration of the application. The activities initiated under an existing concurrence also must specify whether B. State Supreme Court Institute grant or enhancement of the the State Supreme Court would receive, The highest appellate court in a State, products or services produced during administer, and account for the grant or, for the purposes of the Institute the prior grant period. funds, if awarded, or would designate program, a constitutionally or H. On-going Support Grant the local court or a specified agency or legislatively established judicial council council to receive the funds directly. that acts in place of that court. In States A grant of up to 36 months to support iii. Letters of application may be having more than one court with final a project that is national in scope and submitted at any time; however, all of appellate authority, State Supreme that provides the State courts with the letters received during a calendar Court shall mean that court which also services, programs or products for quarter will be considered at one time. has administrative responsibility for the which there is a continuing important Applicants submitting letters between State’s judicial system. State Supreme need. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53797

I. Human Subjects firms, corporations, and private agencies C. Maximum Size of Award Individuals who are participants in an with expertise in judicial 1. Except as specified below, experimental procedure or who are administration, provided that the applications for new project grants and asked to provide information about objectives of the relevant program applications for continuation grants may themselves, their attitudes, feelings, area(s) can be served better. In making request funding in amounts up to opinions and/or experiences through an this judgment, the Institute will $200,000, although new and interview, questionnaire, or other data consider the likely replicability of the continuation awards in excess of collection technique. projects’ methodology and results in $150,000 are likely to be rare and to be other jurisdictions. For-profit J. Curriculum made, if at all, only for highly promising organizations are also eligible for grants proposals that will have a significant The materials needed to replicate an and cooperative agreements; however, impact nationally. education or training program they must waive their fees. 2. Applications for on-going support developed with grant funds including, The Institute may also make awards to grants may request funding in amounts but not limited to: the learning Federal, State or local agencies and up to $600,000. At the discretion of the objectives; the presentation methods; a institutions other than courts for Board, the funds for on-going support sample agenda or schedule; an outline services that cannot be adequately grants may be awarded either entirely of presentations and other instructors’ provided through nongovernmental from the Institute’s appropriations for notes; copies of overhead transparencies arrangements. the fiscal year of the award or from the or other visual aids; exercises; case In addition, the Institute may enter Institute’s appropriations for successive studies; hypotheticals, quizzes and into inter-agency agreements with other fiscal years beginning with the fiscal other materials for involving the public or private funders to support year of the award. When funds to participants; background materials for projects consistent with the purpose of support the full amount of an on-going participants; evaluation forms; and the State Justice Institute Act. support grant are not awarded from the suggestions for replicating the program appropriations for the fiscal year of including possible faculty or the Each application for funding from a award, funds to support any subsequent preferred qualifications or experience of State or local court must be approved, years of the grant will be made available those selected as faculty. consistent with State law, by the State’s Supreme Court or its designated agency upon (1) the satisfactory performance of K. Products or council. The latter shall receive all the project as reflected in the Quarterly Tangible materials resulting from Institute funds awarded to such courts Progress Reports required to be filed and funded projects including, but not and be responsible for assuring proper grant monitoring, and (2) the availability limited to: curricula; monographs; administration of Institute funds, in of appropriations for that fiscal year. reports; books; articles; manuals; accordance with section XI.B.2. of this 3. Applications for technical handbooks; benchbooks; guidelines; Guideline. A list of persons to contact assistance grants may request funding in videotapes; audiotapes; computer in each State regarding approval of amounts up to $30,000. software; and CD-ROM disks. applications from State and local courts 4. Applications for curriculum and administration of Institute grants to adaptation grants may request funding IV. Eligibility for Award those courts is contained in Appendix I. in amounts up to $20,000. In awarding funds to accomplish 5. Applications for scholarships may these objectives and purposes, the V. Types of Projects and Grants; Size of request funding in amounts up to Institute has been authorized by Awards $1,500. Congress to award grants, cooperative A. Types of Projects D. Length of Grant Periods agreements, and contracts to State and local courts and their agencies (42 Except as expressly provided in 1. Grant periods for all new and U.S.C. 10705(b)(1)(A)); national sections II.B.2.b. and II.C. above, the continuation projects ordinarily will not nonprofit organizations controlled by, Institute has placed no limitation on the exceed 15 months. operating in conjunction with, and overall number of awards or the number 2. Grant periods for on-going support serving the judicial branches of State of awards in each special interest grants ordinarily will not exceed 36 governments (42 U.S.C. 10705 (b)(1)(B)); category. The general types of projects months. and national nonprofit organizations for are: Education and training; Research 3. Grant periods for technical the education and training of judges and and evaluation; Demonstration; and assistance grants and curriculum support personnel of the judicial branch Technical assistance. adaptation grants ordinarily will not of State governments (42 U.S.C. B. Types of Grants exceed 12 months. 10705(b)(1)(C)). VI. Concept Paper Submission An applicant will be considered a The Institute has established the Requirements for New Projects national education and training following types of grants: applicant under section 10705(b)(1)(C) 1. Project grants (See sections II.B., Concept papers are an extremely if: (1) the principal purpose or activity and C.1., VI., and VII.). important part of the application of the applicant is to provide education 2. Continuation grants (See sections process because they enable the and training to State and local judges III.G. and IX.A). Institute to learn the program areas of primary interest to the courts and to and court personnel; and (2) the 3. On-going Support grants (See explore innovative ideas, without applicant demonstrates a record of sections III.H. and IX.B.). substantial experience in the field of imposing heavy burdens on prospective judicial education and training. 4. Technical Assistance grants (See applicants. The use of concept papers The Institute also is authorized to section II.C.2.). also permits the Institute to better make awards to other nonprofit 5. Curriculum Adaptation grants (See project the nature and amount of grant organizations with expertise in judicial section II.B.2.b.ii.). awards. This requirement and the administration, institutions of higher 6. Scholarships (See section submission deadlines for concept education, individuals, partnerships, II.B.2.b.iii). papers and applications may be waived 53798 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices by the Executive Director for good cause summary description of the project to be narrative if required under section (e.g., the proposed project could provide conducted and the approach to be taken, VI.A.3.b., the task schedule if required a significant benefit to the State courts including the anticipated length of the under section VI.A.2.b., and any letters or the opportunity to conduct the grant period. Applicants requesting a of cooperation or endorsements. project did not arise until after the waiver of the application requirement Additional material should not be deadline). for a grant of less than $40,000 should attached unless it is essential to impart explain the proposed methods for a clear understanding of the project. A. Format and Content conducting the project as fully as space b. Applicants submitting more than All concept papers must include a allows, and include a detailed task one concept paper may include material cover sheet, a program narrative, and a schedule as an attachment to the that would be identical in each concept preliminary budget. concept paper. paper in a cover letter, and incorporate 1. The Cover Sheet c. How will the effects and quality of that material by reference in each paper. the project be determined? Applicants The incorporated material will be The cover sheet for all concept papers should include a summary description counted against the eight-page limit for must contain: of how the project will be evaluated, each paper. A copy of the cover letter a. A title describing the proposed including the evaluation criteria. should be attached to each copy of each project; d. How will others find out about the concept paper. b. The name and address of the court, project and be able to use the results? organization, or individual submitting Applicants should describe the products 6. Sample Concept Papers the paper; that will result, the degree to which they Sample concept papers from previous c. The name, title, address (if different will be applicable to courts across the funding cycles are available from the from that in b.), and telephone number nation, and the manner in which the Institute upon request. of a contact person(s) who can provide products and results of the project will B. Selection Criteria further information about the paper; be disseminated. d. The letter of the Special Interest 1. All concept papers will be Category (see section II.B.2.) or the 3. The Budget evaluated on the basis of the following number of the statutory Program Area a. Preliminary Budget. A preliminary criteria: (see section II.A.) that the proposed budget must be attached to the narrative The demonstration of need for the project addresses most directly; and that includes the information specified project; e. The estimated length of the on Form E included in Appendix VI of The soundness and innovativeness of proposed project. this Guideline. Applicants should be the approach described; Applicants requesting the Board to aware that prior written Institute The benefits to be derived from the waive the application requirement and approval is required for any consultant project; approve a grant of less than $40,000 rate in excess of $300 per day, and that The reasonableness of the proposed based on the concept paper, should add Institute funds may not be used to pay budget; APPLICATION WAIVER REQUESTED a consultant in excess of $900 per day. The proposed project’s relationship to to the information on the cover page. b. Concept Papers Requesting one of the ‘‘Special Interest’’ categories set forth in section II.B; and 2. The Program Narrative Accelerated Award of a Grant of Less than $40,000. Applicants requesting a The degree to which the findings, The program narrative of a concept waiver of the application requirement procedures, training, technology, or paper should be no longer than and approval of a grant based on a other results of the project can be necessary, but in no case should exceed concept paper under section VI.C. must transferred to other jurisdictions. eight (8) double-spaced pages on 81⁄2 by attach to Form E (see Appendix VI) a ‘‘Single jurisdiction’’ concept papers 11 inch paper. Margins must be at least budget narrative explaining the basis for submitted pursuant to section II.C. will 1 inch and type size must be at least 12 each of the items listed, and whether the be rated on the proposed project’s point and 12 cpi. The narrative should costs would be paid from grant funds or relation to one of the ‘‘Special Interest’’ describe: through a matching contribution or categories set forth in section II.B., and a. Why is this project needed and how other sources. on the special requirements listed in will it benefit State courts? If the project section II.C.1.b. is to be conducted in a specific 4. Letters of Cooperation or Support 2. In determining which concept location(s), applicants should discuss The Institute encourages concept papers will be approved for award or the particular needs of the project site(s) paper applicants to attach letters of selected for development into full to be addressed by the project, why cooperation and support from the courts applications, the Institute will also those needs are not being met through and related agencies that will be consider the availability of financial the use of existing materials, programs, involved in or directly affected by the assistance from other sources for the procedures, services, or other resources, proposed project. Letters of support also project; the amount and nature (cash or and the benefits that would be realized may be sent under separate cover. in-kind) of the applicant’s anticipated by the proposed site(s). However, in order to ensure that there match; whether the applicant is a State If the project is not site-specific, is sufficient time to bring them to the court, a national court support or applicants should discuss the problems Board’s attention, support letters sent education organization, a non-court unit that the proposed project will address, under separate cover must be received of government, or another type of entity why existing materials, programs, no later than January 13, 1997. eligible to receive grants under the procedures, services, or other resources Institute’s enabling legislation (see 42 do not adequately resolve those 5. Page Limits U.S.C. 10705(b) (as amended) and problems, and the benefits that would a. The Institute will not accept section IV above); the extent to which be realized from the project by State concept papers with program narratives the proposed project would also benefit courts generally. exceeding the limits set in sections the Federal courts or help the State b. What will be done if a grant is VI.A.2. The page limit does not include courts enforce Federal constitutional awarded? Applicants should include a the cover page, budget form, the budget and legislative requirements, and the Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53799 level of appropriations available to the questions that arose during the review strongly encouraged to use the Institute in the current year and the process. A decision by the Board not to spreadsheet format. If the proposed amount expected to be available in invite an application may not be project period is for more than a year, succeeding fiscal years. appealed, but does not prohibit a separate form should be submitted for resubmission of the concept paper or a each year or portion of a year for which C. Review Process revision thereof in a subsequent round grant support is requested. Concept papers will be reviewed of funding. The Institute will also notify In addition to Form C or C1, competitively by the Board of Directors. the designated State contact listed in applicants must provide a detailed Institute staff will prepare a narrative Appendix I when the Board invites budget narrative providing an summary and a rating sheet assigning applications that are based on concept explanation of the basis for the points for each relevant selection papers which are submitted by courts estimates in each budget category. (See criterion for those concept papers which within their State or which specify a section VII.D.) fall within the scope of the Institute’s participating site within their State. If funds from other sources are funding program and merit serious Receipt of each concept paper will be required to conduct the project, either as consideration by the Board. Staff will acknowledged in writing. Extensions of match or to support other aspects of the also prepare a list of those papers that, the deadline for submission of concept project, the source, current status of the in the judgment of the Executive papers will not be granted. request, and anticipated decision date Director, propose projects that lie must be provided. outside the scope of the Institute’s VII. Application Requirements for New Projects 4. Assurances (Form D) funding program or are not likely to This form lists the statutory, merit serious consideration by the An application for Institute funding regulatory, and policy requirements and Board. The narrative summaries, rating support must include an application conditions with which recipients of sheets, and list of non-reviewed papers form; budget forms (with appropriate Institute funds must comply. will be presented to the Board for its documentation); a project abstract and review. Committees of the Board will program narrative; a disclosure of 5. Disclosure of Lobbying Activities review concept paper summaries within lobbying form, when applicable; and This form requires applicants other assigned program areas and prepare certain certifications and assurances. than units of State or local government recommendations for the full Board. A. Forms to disclose whether they, or another The full Board of Directors will then entity that is part of the same decide which concept paper applicants 1. Application Form (Form A) organization as the applicant, have should be invited to submit formal The application form requests basic advocated a position before Congress on applications for funding. The decision information regarding the proposed any issue, and to identify the specific to invite an application is solely that of project, the applicant, and the total subjects of their lobbying efforts. (See the Board of Directors. amount of funding support requested section X.D.) The Board may waive the application from the Institute. It also requires the B. Project Abstract requirement and approve a grant based signature of an individual authorized to on a concept paper for a project certify on behalf of the applicant that The abstract should highlight the requiring less than $40,000, when the the information contained in the purposes, goals, methods and need for and benefits of the project are application is true and complete, that anticipated benefits of the proposed clear, and the methodology and budget submission of the application has been project. It should not exceed one single- require little additional explanation. authorized by the applicant, and that if spaced page on 81⁄2 by 11 inch paper. Because the Institute’s experience has funding for the proposed project is C. Program Narrative been that projects to conduct empirical approved, the applicant will comply research or program evaluation with the requirements and conditions of The program narrative for an ordinarily require a more thorough the award, including the assurances set application should not exceed 25 explanation of the methodology to be forth in Form D. double-spaced pages on 81⁄2 by 11 inch used than can be provided within the paper. Margins must be at least 1 inch, space limitations of a concept paper, the 2. Certificate of State Approval (Form B) and type size must be at least 12-point Board is unlikely to waive the An application from a State or local and 12 cpi. The page limit does not application requirement for such court must include a copy of Form B include the forms, the abstract, the projects. signed by the State’s Chief Justice or budget narrative, and any appendices Chief Judge, the director of the containing resumes and letters of D. Submission Requirements designated agency, or the head of the cooperation or endorsement. Additional An original and three copies of all designated council. The signature background material should be attached concept papers submitted for denotes that the proposed project has only if it is essential to impart a clear consideration in Fiscal Year 1997 must been approved by the State’s highest understanding of the proposed project. be sent by first class or overnight mail court or the agency or council it has Numerous and lengthy appendices are or by courier no later than November 27, designated. It denotes further that if strongly discouraged. 1996. A postmark or courier receipt will funding for the project is approved by The program narrative should address constitute evidence of the submission the Institute, the court or the specified the following topics: date. All envelopes containing concept designee will receive, administer, and 1. Project Objectives papers should be marked CONCEPT be accountable for the awarded funds. PAPER and should be sent to: State The applicant should include a clear, Justice Institute, 1650 King Street, Suite 3. Budget Forms (Form C or C1) concise statement of what the proposed 600, Alexandria, Virginia 22314. Applicants may submit the proposed project is intended to accomplish. In The Institute will send written notice project budget either in the tabular stating the objectives of the project, to all persons submitting concept papers format of Form C or in the spreadsheet applicants should focus on the overall of the Board’s decisions regarding their format of Form C1. Applicants programmatic objective (e.g., to enhance papers and of the key issues and requesting $100,000 or more are understanding and skills regarding a 53800 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices specific subject, or to determine how a For education and training projects, The evaluation plan should be certain procedure affects the court and the applicant should include the adult appropriate to the type of project litigants) rather than on operational education techniques to be used in proposed. For example: objectives (e.g., provide training for 32 designing and presenting the program, An evaluation approach suited to judges and court managers, or review including the teaching/learning many research projects is a review by an data from 300 cases). objectives of the educational design, the advisory panel of the research methodology, data collection 2. Program Areas To Be Covered teaching methods to be used, and the opportunities for structured interaction instruments, preliminary analyses, and The applicant should list the Special among the participants; how faculty will products as they are drafted. The panel Interest Category or Categories that are be recruited, selected, and trained; the should be comprised of independent addressed by the proposed project (see proposed number and length of the researchers and practitioners section II.B.). If the proposed project conferences, courses, seminars, or representing the perspectives affected does not fall within one of the Institute’s workshops to be conducted and the by the proposed project. Special Interest Categories, the estimated number of persons who will The most valuable approaches to applicant should list the Statutory attend them; the materials to be evaluating educational or training Program Area or Areas that are provided and how they will be programs will serve to reinforce the participants’ learning experience while addressed by the proposed project. (See developed; and the cost to participants. section II.A.) providing useful feedback on the impact For demonstration projects, the of the program and possible areas for 3. Need for the Project applicant should include the improvement. One appropriate demonstration sites and the reasons If the project is to be conducted in a evaluation approach is to assess the they were selected, or if the sites have specific location(s), the applicant acquisition of new knowledge, skills, not been chosen, how they will be should discuss the particular needs of attitudes or understanding through identified and their cooperation the project site(s) to be addressed by the participant feedback on the seminar or obtained; and how the program or project and why those needs are not training event. Such feedback might procedures will be implemented and being met through the use of existing include a self-assessment on what was materials, programs, procedures, monitored. learned along with the participant’s services, or other resources. For technical assistance projects, the response to the quality and effectiveness of faculty presentations, the format of If the project is not site-specific, the applicant should explain the types of sessions, the value or usefulness of the applicant should discuss the problems assistance that will be provided; the particular issues and problems for material presented, and other relevant that the proposed project would factors. Another appropriate approach address, and why existing materials, which assistance will be provided; how requests will be obtained and the type would be to use an independent programs, procedures, services, or other observer who might request both verbal resources do not adequately resolve of assistance determined; how suitable providers will be selected and briefed; and written responses from participants those problems. The discussion should in the program. When an education include specific references to the how reports will be reviewed; and the cost to recipients. project involves the development of relevant literature and to the experience curricular materials, an advisory panel in the field. b. Evaluation. Every project design of relevant experts can be coupled with 4. Tasks, Methods and Evaluation must include an evaluation plan to a test of the curriculum to obtain the determine whether the project met its reactions of participants and faculty as a. Tasks and Methods. The applicant objectives. The evaluation should be indicated above. should delineate the tasks to be designed to provide an objective and The evaluation plan for a performed in achieving the project independent assessment of the demonstration project should objectives and the methods to be used effectiveness or usefulness of the encompass an assessment of program for accomplishing each task. For training or services provided; the impact effectiveness (e.g., how well did it example: of the procedures, technology or work?); user satisfaction, if appropriate; For research and evaluation projects, services tested; or the validity and the cost-effectiveness of the program; a the applicant should include the data applicability of the research conducted. process analysis of the program (e.g., sources, data collection strategies, In addition, where appropriate, the was the program implemented as variables to be examined, and analytic evaluation process should be designed designed? did it provide the services procedures to be used for conducting to provide on-going or periodic feedback intended to the targeted population?); the research or evaluation and ensuring on the effectiveness or utility of the impact of the program (e.g., what the validity and general applicability of particular programs, educational effect did the program have on the the results. For projects involving offerings, or achievements which can court? what benefits resulted from the human subjects, the discussion of then be further refined as a result of the program?); and the replicability of the methods should address the procedures evaluation process. The plan should program or components of the program. for obtaining respondents’ informed present the qualifications of the For technical assistance projects, consent, ensuring the respondents’ evaluator(s); describe the criteria, applicants should explain how the privacy and freedom from risk or harm, related to the project’s programmatic quality, timeliness, and impact of the and the protection of others who are not objectives that will be used to evaluate assistance provided will be determined, the subjects of research but would be the project’s effectiveness; explain how and should develop a mechanism for affected by the research. If the potential the evaluation will be conducted, feedback from both the users and exists for risk or harm to the human including the specific data collection providers of the technical assistance. subjects, a discussion should be and analysis techniques to be used; Evaluation plans involving human included that explains the value of the discuss why this approach is subjects should include a discussion of proposed research and the methods to appropriate; and present a schedule for the procedures for obtaining be used to minimize or eliminate such completion of the evaluation within the respondents’ informed consent, risk. proposed project period. ensuring the respondents’ privacy and Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53801 freedom from risk or harm, and the applicants should schedule all product including in all project products, a protection of others who are not the preparation and distribution activities prominent acknowledgment that subjects of evaluation but would be within the project period. support was received from the Institute affected by it. Other than the provision A copy of each product must be sent and a disclaimer paragraph based on the of confidentiality to respondents, to the library established in each State example provided in section X.Q. of the human subject protection issues to collect the materials developed with Guideline. The ‘‘SJI’’ logo must appear ordinarily are not applicable to Institute support. (A list of these on the front cover of a written product, participants evaluating an education libraries is contained in Appendix II.) or in the opening frames of a video program. To facilitate their use, all videotaped product, unless the Institute approves products should be distributed in VHS another placement. 5. Project Management format. The applicant should present a Twenty copies of all project products, 7. Applicant Status detailed management plan including the must be submitted to the Institute. A An applicant that is not a State or starting and completion date for each master copy of each videotape, in local court and has not received a grant task; the time commitments to the addition to 20 copies of each videotape from the Institute within the past two project of key staff and their product, must also be provided to the years should state whether it is either a responsibilities regarding each project Institute. national non-profit organization task; and the procedures that will be b. Types of Products. The type of controlled by, operating in conjunction used to ensure that all tasks are products to be prepared depend on the with, and serving the judicial branches performed on time, within budget, and nature of the project. For example, in of State governments; or a national non- at the highest level of quality. In most instances, the products of a profit organization for the education and preparing the project time line, Gantt research, evaluation, or demonstration training of State court judges and Chart, or schedule, applicants should project should include an article support personnel. See section IV. If the make certain that all project activities, summarizing the project findings that is applicant is a nonjudicial unit of including publication or reproduction of publishable in a journal serving the Federal, State, or local government, it project products and their initial courts community nationally, an must explain whether the proposed dissemination will occur within the executive summary that will be services could be adequately provided proposed project period. The disseminated to the project’s primary by non-governmental entities. management plan must also provide for audience, or both. Applicants proposing the submission of Quarterly Progress to conduct empirical research or 8. Staff Capability and Financial Status Reports within 30 evaluation projects with national import The applicant should include a days after the close of each calendar should describe how they will make summary of the training and experience quarter (i.e., no later than January 30, their data available for secondary of the key staff members and April 30, July 30, and October 30). analysis after the grant period. (See consultants that qualify them for Applicants should be aware that the section X.W.) conducting and managing the proposed Institute is unlikely to approve more The curricula and other products project. Resumes of identified staff than one limited extension of the grant developed by education and training should be attached to the application. If period. Therefore, the management plan projects should be designed for use one or more key staff members and should be as realistic as possible and outside the classroom so that they may consultants are not known at the time of fully reflect the time commitments of be used again by original participants the application, a description of the the proposed project staff and and others in the course of their duties. criteria that will be used to select consultants. At the conclusion of a project, persons for these positions should be grantees also must submit a diskette included. 6. Products containing a one-page abstract The application should contain a summarizing the products resulting 9. Organizational Capacity description of the products to be from a project in Word, WordPerfect or Applicants that have not administered developed by the project (e.g., training ASCII. The abstract should include the a grant from the Institute within the past curricula and materials, videotapes, grant number and the name of a contact two years should include a statement articles, manuals, or handbooks), person together with that individual’s describing the capacity of the applicant including when they will be submitted address, telephone number, and e-mail to administer grant funds including the to the Institute. address (if applicable). financial systems used to monitor a. Dissemination Plan. The c. Institute Review. Applicants must project expenditures (and income, if application must explain how and to provide for submitting a final draft of all any), and a summary of the applicant’s whom the products will be written grant products to the Institute past experience in administering grants, disseminated; describe how they will for review and approval at least 30 days as well as any resources or capabilities benefit the State courts, including how before the products are submitted for that the applicant has that will they can be used by judges and court publication or reproduction. For particularly assist in the successful personnel; identify development, products in a videotape or CD-ROM completion of the project. production, and dissemination costs format, applicants must provide for Unless requested otherwise, an covered by the project budget; and incremental Institute review of the applicant that has administered a grant present the basis on which products and product at the treatment, script, rough- from the Institute within the past two services developed or provided under cut, and final stages of development, or years should describe only the changes the grant will be offered to the courts their equivalents. No grant funds may be in its organizational capacity, tax status, community and the public at large (i.e., obligated for publication or or financial capability that may affect its whether products will be distributed at reproduction of a final grant product capacity to administer a grant. no cost to recipients, or if costs are without the written approval of the If the applicant is a non-profit involved, the reason for charging Institute. organization (other than a university), it recipients and the estimated price of the d. Acknowledgment, Disclaimer, and must also provide documentation of its product). (See section X.V.) Ordinarily, Logo. Applicants must also provide for 501(c) tax exempt status as determined 53802 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices by the Internal Revenue Service and a 1. Justification of Personnel components of the per diem rate and the copy of a current certified audit report. Compensation basis for the estimated transportation For purposes of this requirement, The applicant should set forth the expenses. The purpose for travel should ‘‘current’’ means no earlier than two percentages of time to be devoted by the also be included in the narrative. years prior to the current calendar year. individuals who will serve as the staff 5. Equipment If a current audit report is not available, of the proposed project, the annual the Institute will require the salary of each of those persons, and the Grant funds many be used to purchase organization to complete a financial number of work days per year used for only the equipment that is necessary to demonstrate a new technological capability questionnaire which must be calculating the percentages of time or application in a court, or that is signed by a Certified Public Accountant. daily rate of those individuals. The otherwise essential to accomplishing the Other applicants may be required to applicant should explain any deviations from current rates or established written objectives of the project. Equipment provide a current audit report, a purchases to support basic court financial capability questionnaire, or organization policies. If grant funds are requested to pay the salary and related operations ordinarily will not be both, if specifically requested to do so approved. The applicant should by the Institute. costs for a current employee of a court or other unit of government, the describe the equipment to be purchased 10. Statement of Lobbying Activities applicant should explain why this or leased and explain why the would not constitute a supplantation of acquisition of that equipment is Non-governmental applicants must State or local funds in violation of 42 essential to accomplish the project’s submit the Institute’s Disclosure of U.S.C. 10706 (d)(1). An acceptable goals and objectives. The narrative Lobbying Activities Form that requires explanation may be that the position to should clearly identify which them to state whether they, or another be filled is a new one established in equipment is to be leased and which is entity that is a part of the same conjunction with the project or that the to be purchased. The method of organization as the applicant, have grant funds will be supporting only the procurement should also be described. advocated a position before Congress on portion of the employee’s time that will Purchases for automatic data processing any issue, and identifies the specific be dedicated to new or additional duties equipment must comply with section subjects of their lobbying efforts. related to the project. XI.H.2.b. 11. Letters of Cooperation or Support 2. Fringe Benefit Computation 6. Supplies The applicant should provide a The applicant should provide a If the cooperation of courts, description of the fringe benefits general description of the supplies organizations, agencies, or individuals provided to employees. If percentages necessary to accomplish the goals and other than the applicant is required to are used, the authority for such use objectives of the grant. In addition, the conduct the project, the applicant should be presented as well as a applicant should provide the basis for should attach written assurances of description of the elements included in the amount requested for this cooperation and availability to the the determination of the percentage rate. expenditure category. application, or send them under 3. Consultant/Contractual Services and 7. Construction separate cover. In order to ensure that Honoraria there is sufficient time to bring them to Construction expenses are prohibited the Board’s attention, letters of support The applicant should describe the except for the limited purposes set forth sent under separate cover must be tasks each consultant will perform, the in section X.H.2. Any allowable received at least four weeks before the estimated total amount to be paid to construction or renovation expense meeting of the Board of Directors at each consultant, the basis for should be described in detail in the which the application will be compensation rates (e.g., number of budget narrative. days x the daily consultant rates), and considered (i.e., no later than January 8. Telephone the method for selection. Rates for 24, 1997, April 3, 1997, or June 27, consultant services must be set in Applicants should include 1997, respectively). accordance with section XI.H.2.c. anticipated telephone charges, D. Budget Narrative Honorarium payments must be justified distinguishing between monthly charges in the same manner as other consultant and long distance charges in the budget The budget narrative should provide payments. Prior written Institute narrative. Also, applicants should the basis for the computation of all approval is required for any consultant provide the basis used in developing the project-related costs. Additional rate in excess of $300 per day; Institute monthly and long distance estimates. background or schedules may be funds may not be used to pay a 9. Postage attached if they are essential to consultant at a rate in excess of $900 per obtaining a clear understanding of the day. Anticipated postage costs for project- related mailings should be described in proposed budget. Numerous and 4. Travel lengthy appendices are strongly the budget narrative. The cost of special discouraged. Transportation costs and per diem mailings, such as for a survey or for rates must comply with the policies of announcing a workshop, should be The budget narrative should cover the the applicant organization. If the distinguished from routine operational costs of all components of the project applicant does not have an established mailing costs. The bases for all postage and clearly identify costs attributable to travel policy, then travel rates shall be estimates should be included in the the project evaluation. Under OMB consistent with those established by the justification material. grant guidelines incorporated by Institute or the Federal Government. (A reference in this Guideline, grant funds copy of the Institute’s travel policy is 10. Printing/Photocopying may not be used to pay for coffee breaks available upon request.) The budget Anticipated costs for printing or during seminars or meetings, or to narrative should include an explanation photocopying should be included in the purchase alcoholic beverages. of the rate used, including the budget narrative. Applicants should Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53803 provide the details underlying these the deadline for receipt of applications (cash or in-kind) of the applicant’s estimates in support of the request. will not be granted. See section VII.C.11. match; the extent to which the proposed for receipt deadlines for letters of project would also benefit the Federal 11. Indirect Costs support. courts or help State courts enforce Applicants should describe the 2. Applicants submitting more than Federal constitutional and legislative indirect cost rates applicable to the one application may include material requirements; and the level of grant in detail. If costs often included that would be identical in each appropriations available to the Institute within an indirect cost rate are charged application in a cover letter, and in the current year and the amount directly (e.g., a percentage of the time of incorporate that material by reference in expected to be available in succeeding senior managers to supervise product each application. The incorporated fiscal years. activities), the applicant should specify material will be counted against the 25- C. Review and Approval Process that these costs are not included within page limit for the program narrative. A their approved indirect cost rate. These copy of the cover letter should be Institute staff will prepare a narrative rates must be established in accordance attached to each copy of each summary of each application, and a with section XI.H.4. If the applicant has application. rating sheet assigning points for each an indirect cost rate or allocation plan relevant selection criterion. When approved by any Federal granting VIII. Application Review Procedures necessary, applications may also be agency, a copy of the approved rate A. Preliminary Inquiries reviewed by outside experts. agreement should be attached to the Committees of the Board will review application. The Institute staff will answer applications within assigned program inquiries concerning application 12. Match categories and prepare procedures. The staff contact will be recommendations to the full Board. The The applicant should describe the named in the Institute’s letter full Board of Directors will then decide source of any matching contribution and acknowledging receipt of the which applications to approve for a the nature of the match provided. Any application. grant. The decision to award a grant is additional contributions to the project B. Selection Criteria solely that of the Board of Directors. should be described in this section of Awards approved by the Board will 1. All applications will be rated on the budget narrative as well. If in-kind be signed by the Chairman of the Board the basis of the criteria set forth below. match is to be provided, the applicant on behalf of the Institute. should describe how the amount and The Institute will accord the greatest value of the time, services or materials weight to the following criteria: D. Return Policy actually contributed will be The soundness of the methodology; Unless a specific request is made, documented sufficiently clearly to The demonstration of need for the unsuccessful applications will not be permit them to be included in an audit project; returned. Applicants are advised that of the grant. Applicants should be aware The appropriateness of the proposed Institute records are subject to the that the time spent by participants in evaluation design; provisions of the Federal Freedom of education courses does not qualify as The applicant’s management plan and Information Act, 5 U.S.C. 552. in-kind match. organizational capabilities; Applicants that do not contemplate The qualifications of the project’s E. Notification of Board Decision making matching contributions staff; The Institute will send written notice continuously throughout the course of The products and benefits resulting to applicants concerning all Board the project or on a task-by-task basis from the project including the extent to decisions to approve, defer, or deny must provide a schedule within 30 days which the project will have long-term their respective applications and the key after the beginning of the project period benefits for State courts across the issues and questions that arose during indicating at what points during the nation; the review process. A decision by the project period the matching The degree to which the findings, Board to deny an application may not be contributions will be made. (See procedures, training, technology, or appealed, but does not prohibit sections III.F., VIII.B., X.B. and XI.D.1.) other results of the project can be resubmission of a proposal based on transferred to other jurisdictions. that application in a subsequent round E. Submission Requirements The reasonableness of the proposed of funding. The Institute will also notify 1. An application package containing budget; the designated State contact listed in the application, an original signature on The demonstration of cooperation and Appendix I when grants are approved FORM A (and on FORM B, if the support of other agencies that may be by the Board to support projects that application is from a State or local affected by the project; and will be conducted by or involve courts court, or on the Disclosure of Lobbying The proposed project’s relationship to in their State. Form if the applicant is not a unit of one of the ‘‘Special Interest’’ categories State or local government), and four set forth in section II.B. F. Response to Notification of Approval photocopies of the application package 2. In determining which applicants to Applicants have 30 days from the date must be sent by first class or overnight fund, the Institute will also consider of the letter notifying them that the mail, or by courier no later than May 7, whether the applicant is a State court, Board has approved their application to 1997. A postmark or courier receipt will a national court support or education respond to any revisions requested by constitute evidence of the submission organization, a non-court unit of the Board. If the requested revisions (or date. All envelopes or boxes containing government, or other type of entity a reasonable schedule for submitting applications should be marked eligible to receive grants under the such revisions) have not been provided APPLICATION and sent to: State Justice Institute’s enabling legislation (see 42 to the Institute within 30 days after Institute, 1650 King Street, Suite 600, U.S.C. 10705(6) (as amended) and notification, the approval will be Alexandria, Virginia 22314. Section IV above); the availability of automatically rescinded and the Receipt of each proposal will be financial assistance from other sources application presented to the Board for acknowledged in writing. Extensions of for the project; the amount and nature reconsideration. 53804 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

IX. Renewal Funding Procedures and by which the application for a date by which they will be submitted to Requirements continuation grant must be submitted. the Institute. Ordinarily, the Board will not consider an application for Two types of renewal funding are 3. Application Format described below—‘‘continuation grants’’ continuation funding until the Institute An application for a continuation and ‘‘on-going support grants.’’ The has received the evaluator’s report. grant must include an application form, award of an initial grant to support a e. Tasks, Methods, Staff and Grantee budget forms (with appropriate Capability. The applicant should fully project does not constitute a documentation), a project abstract commitment by the Institute to renew describe any changes in the tasks to be conforming to the format set forth in performed, the methods to be used, the funding. The Board of Directors section VII.B., a program narrative, a anticipates allocating no more than $2 products of the project, and how and to budget narrative, a disclosure of whom those products will be million of available FY 1997 grant funds lobbying form (from applicants other for renewal grants. disseminated, as well as any changes in than units of State or local government), the assigned staff or the grantee’s A. Continuation Grants and certain certifications and organizational capacity. Applicants assurances. should include, in addition, the criteria 1. Purpose and Scope The program narrative should and methods by which the proposed Continuation grants are intended to conform to the length and format continuation project would be support projects with a limited duration requirements set forth in section VII.C. evaluated. that involve the same type of activities However, rather than the topics listed in A continuation application for a as the previous project. They are section VII.C., the program narrative of package grant must address these issues intended to enhance the specific an application for a continuation grant separately for each project included in program or service produced or should include: the proposed package, using the same established during the prior grant a. Project Objectives. The applicant alphabetic identifiers and project titles period. They may be used, for example, should clearly and concisely state what as in the original application. when a project is divided into two or the continuation project is intended to more sequential phases, for secondary accomplish. f. Task Schedule. The applicant analysis of data obtained in an Institute- b. Need for Continuation. The should present a detailed task schedule supported research project, or for more applicant should explain why and timeline for the next project period. extensive testing of an innovative continuation of the project is necessary g. Other Sources of Support. The technology, procedure, or program to achieve the goals of the project, and applicant should indicate why other developed with SJI grant support. how the continuation will benefit the sources of support are inadequate, In order for a project to be considered participating courts or the courts inappropriate or unavailable. for continuation funding, the grantee community generally. That is, to what 4. Budget and Budget Narrative must have completed the project tasks extent will the original goals and and met all grant requirements and objectives of the project be unfulfilled if The applicant should provide a conditions in a timely manner, absent the project is not continued, and complete budget and budget narrative extenuating circumstances or prior conversely, how will the findings or conforming to the requirements set forth Institute approval of changes to the results of the project be enhanced by in paragraph VII.D. Changes in the project design. Continuation grants are continuing the project? funding level requested should be not intended to provide support for a A continuation application requesting discussed in terms of corresponding project for which the grantee has a package grant to support more than increases or decreases in the scope of underestimated the amount of time or one project should explain, in addition, activities or services to be rendered. funds needed to accomplish the project how the proposed projects are related; 5. References to Previously Submitted tasks. how their operation and administration Material would be enhanced by the grant; the 2. Application Procedures—Letters of advantages of funding the projects as a An application for a continuation Intent package rather than individually; and grant should not repeat information In lieu of a concept paper, a grantee the disadvantages, if any, that would contained in a previously approved seeking a continuation grant must accrue by considering or funding them application or other previously inform the Institute, by letter, of its separately. submitted materials, but should provide intent to submit an application for such c. Report of Current Project Activities. specific references to such materials funding as soon as the need for renewal The applicant should discuss the status where appropriate. funding becomes apparent but no less of all activities conducted during the 6. Submission Requirements, Review than 120 days before the end of the previous project period. Applicants and Approval Process, and Notification current grant period. should identify any activities that were of Decision a. A letter of intent must be no more not completed, and explain why. A than 3 single-spaced pages on 81⁄2 by 11 continuation application requesting a The submission requirements set forth inch paper and must contain a concise package grant must describe separately in section VII.E., other than the deadline but thorough explanation of the need for the activities undertaken in each of the for mailing, apply to applications for a continuation; an estimate of the funds to projects included within the proposed continuation grant. Such applications be requested; and a brief description of package. will be rated on the selection criteria set anticipated changes in the scope, focus d. Evaluation Findings. The applicant forth in section VIII.B. The key findings or audience of the project. should present the key findings, impact, and recommendations resulting from an b. Within 30 days of receiving a letter or recommendations resulting from the evaluation of the project and the of intent, Institute staff will review the evaluation of the project, if they are proposed response to those findings and proposed activities for the next project available, and how they will be recommendations will also be period and inform the grantee of addressed during the proposed considered. The review and approval specific issues to be addressed in the continuation. If the findings are not yet process, return policy, and notification continuation application and the date available, applicants should provide the procedures are the same as those for Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53805 new projects set forth in sections continuing need for the project must be renewal period. Ordinarily, the Board VIII.C.—VIII.E. submitted 90 days before the end of the will not consider an application for on- 3-year project period. going support until the Institute has B. On-going Support Grants In addition, a detailed annual task received the evaluator’s report. 1. Purpose and Scope schedule must be submitted not later e. Objectives, Tasks, Methods, Staff On-going support grants are intended than 45 days before the end of the first and Grantee Capability. The applicant to support projects that are national in and second years of the grant period, should describe fully any changes in the scope and that provide the State courts along with an explanation of any objectives; tasks to be performed; the with services, programs or products for necessary revisions in the projected methods to be used; the products of the which there is a continuing important costs for the remainder of the project project; how and to whom those need. An on-going support grant may period. (See also section IX.B.3.h.) products will be disseminated; the assigned staff; and the grantee’s also be used to fund longitudinal 2. Letters of Intent research that directly benefits the State organizational capacity. In lieu of a concept paper, a grantee courts. On-going support grants are f. Task Schedule. The applicant subject to the limits on size and seeking an on-going support grant must should present a general schedule for duration set forth in V.C.2. and V.D.2. inform the Institute, by letter, of its the full proposed project period and a The Board will consider awarding an intent to submit an application for such detailed task schedule for the first year on-going support grant for a period of funding as soon as the need for renewal of the proposed new project period. up to 36 months. The total amount of funding becomes apparent but no less g. Other Sources of Support. The the grant will be fixed at the time of the than 120 days before the end of the applicant should indicate why other initial award. Funds ordinarily will be current grant period. The letter of intent sources of support are inadequate, made available in annual increments as should be in the same format as that inappropriate or unavailable. prescribed for continuation grants in specified in section V.C.2. 4. Budget and Budget Narrative A project is eligible for consideration section IX.A.2.a. The applicant should provide a for an on-going support grant if: 3. Format a. The project is supported by and has complete three-year budget and budget been evaluated under a grant from the An application for an on-going narrative conforming to the Institute; support grant must include an requirements set forth in paragraph b. The project is national in scope and application form, budget forms (with VII.D. Changes in the funding level provides a significant benefit to the appropriate documentation), a project requested should be discussed in terms State courts; abstract conforming to the format set of corresponding increases or decreases c. There is a continuing important forth in section VII.B., a program in the scope of activities or services to need for the services, programs or narrative, a budget narrative, and certain be rendered. A complete budget products provided by the project as certifications and assurances. narrative should be provided for each indicated by the level of use and The program narrative should year, or portion of a year, for which support by members of the court conform to the length and format grant support is requested. The budget community; requirements set forth in section VII.C. should provide for realistic cost-of- d. The project is accomplishing its However, rather than the topics listed in living and staff salary increases over the objectives in an effective and efficient section VII.C., the program narrative of course of the requested project period. manner; and applications for on-going support grants Applicants should be aware that the e. It is likely that the service or should address: Institute is unlikely to approve a program provided by the project would a. Description of Need for and supplemental budget increase for an on- be curtailed or significantly reduced Benefits of the Project. The applicant going support grant in the absence of without Institute support. should provide a detailed discussion of well-documented, unanticipated factors Each project supported by an on-going the benefits provided by the project to that clearly justify the requested support grant must include an the State courts around the country, increase. evaluation component assessing its including the degree to which State effectiveness and operation throughout courts, State court judges, or State court 5. References to Previously Submitted the grant period. The evaluation should managers and personnel are using the Material be independent, but may be designed services or programs provided by the An application for an on-going collaboratively by the evaluator and the project. support grant should not repeat grantee. The design should call for b. Demonstration of Court Support. information contained in a previously regular feedback from the evaluator to The applicant should demonstrate approved application or other the grantee throughout the project support for the continuation of the previously submitted materials, but period concerning recommendations for project from the courts community. should provide specific references to mid-course corrections or improvement c. Report on Current Project Activities. such materials where appropriate. of the project, as well as periodic reports The applicant should discuss the extent 6. Submission Requirements, Review to the Institute at relevant points in the to which the project has met its goals and Approval Process, and Notification project. and objectives, identify any activities An interim evaluation report must be that have not been completed, and of Decision submitted 18 months into the grant explain why. The submission requirements set forth period. The decision to obligate Institute d. Evaluation Findings. The applicant in section VII.E., other than the deadline funds to support the third year of the should attach a copy of the final for mailing, apply to applications for an project will be based on the interim evaluation report regarding the on-going support grant. Such evaluation findings and the applicant’s effectiveness, impact, and operation of applications will be rated on the response to any deficiencies noted in the project, specify the key findings or selection criteria set forth in section the report. recommendations resulting from the VIII.B. The key findings and A final evaluation assessing the evaluation, and explain how they will recommendations resulting from an effectiveness, operation of, and be addressed during the proposed evaluation of the project and the 53806 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices proposed response to those findings and the total amount proposed is actually their applications in an unbiased recommendations will also be contributed. If a proposed contribution manner. Consistent with this policy and considered. The review and approval is not fully met, the Institute may the provisions of 42 U.S.C. 10706, the process, return policy, and notification reduce the award amount accordingly, Institute will not knowingly award a procedures are the same as those for in order to maintain the ratio originally grant to an applicant that has, directly new projects set forth in sections provided for in the award agreement or through an entity that is part of the VIII.C.–VIII.E. (see sections VIII.B. above and XI.D.). same organization as the applicant, advocated a position before Congress on X. Compliance Requirements C. Conflict of Interest the specific subject matter of the The State Justice Institute Act Personnel and other officials application. contains limitations and conditions on connected with Institute-funded grants, contracts and cooperative programs shall adhere to the following E. Political Activities agreements of which applicants and requirements: No recipient shall contribute or make recipients should be aware. In addition 1. No official or employee of a available Institute funds, program to eligibility requirements which must recipient court or organization shall personnel, or equipment to any political be met to be considered for an award participate personally through decision, party or association, or the campaign of from the Institute, all applicants should approval, disapproval, recommendation, any candidate for public or party office. be aware of and all recipients will be the rendering of advice, investigation, or Recipients are also prohibited from responsible for ensuring compliance otherwise, in any proceeding, using funds in advocating or opposing with the following: application, request for a ruling, or other any ballot measure, initiative, or determination, contract, grant, A. State and Local Court Systems referendum. Officers and employees of cooperative agreement, claim, recipients shall not intentionally Each application for funding from a controversy, or other particular matter identify the Institute or recipients with State or local court must be approved, in which Institute funds are used, where any partisan or nonpartisan political consistent with State law, by the State’s to his/her knowledge, he/she or his/her activity associated with a political party Supreme Court, or its designated agency immediate family, partners, or association, or the campaign of any or council. The Supreme Court or its organization other than a public agency candidate for public or party office. 42 designee shall receive, administer, and in which he/she is serving as officer, U.S.C. 10706(a). be accountable for all funds awarded on director, trustee, partner, or employee or the basis of such an application. 42 any person or organization with whom F. Advocacy U.S.C. 10705(b)(4). Appendix I to this he/she is negotiating or has any No funds made available by the Guideline lists the person to contact in arrangement concerning prospective Institute may be used to support or each State regarding the administration employment, has a financial interest. conduct training programs for the of Institute grants to State and local 2. In the use of Institute project funds, purpose of advocating particular courts. an official or employee of a recipient nonjudicial public policies or B. Matching Requirements court or organization shall avoid any encouraging nonjudicial political action which might result in or create activities. 42 U.S.C. 10706(b). 1. All awards to courts or other units the appearance of: of State or local government (not a. Using an official position for G. Prohibition Against Litigation including publicly supported private gain; or Support institutions of higher education) require b. Affecting adversely the confidence No funds made available by the a match from private or public sources of the public in the integrity of the Institute may be used directly or of not less than 50% of the total amount Institute program. indirectly to support legal assistance to of the Institute’s award. For example, if 3. Requests for proposals or parties in litigation, including cases the total cost of a project is anticipated invitations for bids issued by a recipient involving capital punishment. to be $150,000, a State court or of Institute funds or a subgrantee or executive branch agency may request up subcontractor will provide notice to H. Supplantation and Construction to $100,000 from the Institute to prospective bidders that the contractors To ensure that funds are used to implement the project. The remaining who develop or draft specifications, supplement and improve the operation $50,000 (50% of the $100,000 requested requirements, statements of work, and/ of State courts, rather than to support from SJI) must be provided as a match. or requests for proposals for a proposed basic court services, funds shall not be A cash match, non-cash match, or both procurement will be excluded from used for the following purposes: may be provided, but the Institute will bidding on or submitting a proposal to give preference to those applicants that compete for the award of such 1. To supplant State or local funds provide a cash match to the Institute’s procurement. supporting a program or activity (such award. (For a further definition of as paying the salary of court employees match, see section III.F.) D. Lobbying who would be performing their normal The requirement to provide match Funds awarded to recipients by the duties as part of the project, or paying may be waived in exceptionally rare Institute shall not be used, indirectly or rent for space which is part of the circumstances upon approval of the directly, to influence Executive Orders court’s normal operations); Chief Justice of the highest court in the or similar promulgations by Federal, 2. To construct court facilities or State and the Board of Directors. 42 State or local agencies, or to influence structures, except to remodel existing U.S.C. 10705(d). the passage or defeat of any legislation facilities or to demonstrate new 2. Other eligible recipients of Institute by Federal, State or local legislative architectural or technological funds are not required to provide a bodies. 42 U.S.C. 10706(a). techniques, or to provide temporary match, but are encouraged to contribute It is the policy of the Board of facilities for new personnel or for to meeting the costs of the project. In Directors to award funds only to support personnel involved in a demonstration instances where match is proposed, the applications submitted by organizations or experimental program; or grantee is responsible for ensuring that that would carry out the objectives of 3. Solely to purchase equipment. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53807

I. Confidentiality of Information activities scheduled during the next whether the material is in a verbatim or Except as provided by Federal law reporting period. extensive paraphrase format. The Quarterly Financial Status Report other than the State Justice Institute Act, Q. Acknowledgment and Disclaimer no recipient of financial assistance from shall be submitted in accordance with SJI may use or reveal any research or section XI.G.2. of this guideline. A final Recipients of Institute funds shall statistical information furnished under project Progress Report and Financial acknowledge prominently on all the Act by any person and identifiable Status Report shall be submitted within products developed with grant funds to any specific private person for any 90 days after the end of the grant period that support was received from the purpose other than the purpose for in accordance with section XI.K.2. of Institute. The ‘‘SJI’’ logo must appear on which the information was obtained. this Guideline. the front cover of a written product, or in the opening frames of a video Such information and copies thereof M. Audit shall be immune from legal process, and product, unless another placement is Recipients, other than those noted shall not, without the consent of the approved in writing by the Institute. below, must provide for an annual fiscal person furnishing such information, be This includes final products printed or audit which shall include an opinion on admitted as evidence or used for any otherwise reproduced during the grant purpose in any action, suit, or other whether the financial statements of the period, as well as reprintings or judicial, legislative, or administrative grantee present fairly its financial reproductions of those materials proceedings. position and financial operations are in following the end of the grant period. A accordance with generally accepted camera-ready logo sheet is available J. Human Research Protection accounting principles. (See section XI.J. from the Institute upon request. All research involving human subjects of the Guideline for the requirements of Recipients also shall display the shall be conducted with the informed such audits.) Recipients of a following disclaimer on all grant consent of those subjects and in a scholarship, curriculum adaptation, or products: manner that will ensure their privacy technical assistance grant are not ‘‘This [document, film, videotape, and freedom from risk or harm and the required to submit an audit, but must etc.] was developed under [grant/ protection of persons who are not maintain appropriate documentation to cooperative agreement, number SJI- subjects of the research but would be support all expenditures. (insert number)] from the State Justice affected by it, unless such procedures N. Suspension of Funding Institute. The points of view expressed and safeguards would make the research are those of the [author(s), filmmaker(s), After providing a recipient reasonable impractical. In such instances, the etc.] and do not necessarily represent notice and opportunity to submit Institute must approve procedures the official position or policies of the written documentation demonstrating designed by the grantee to provide State Justice Institute.’’ human subjects with relevant why fund termination or suspension information about the research after should not occur, the Institute may R. Institute Approval of Grant Products terminate or suspend funding of a their involvement and to minimize or No grant funds may be obligated for project that fails to comply substantially eliminate risk or harm to those subjects publication or reproduction of a final with the Act, the Guideline, or the terms due to their participation. product developed with grant funds and conditions of the award. 42 U.S.C. without the written approval of the K. Nondiscrimination 10708(a). Institute. Grantees shall submit a final No person may, on the basis of race, O. Title to Property draft of each written product to the sex, national origin, disability, color, or Institute for review and approval. These creed be excluded from participation in, At the conclusion of the project, title drafts shall be submitted at least 30 days denied the benefits of, or otherwise to all expendable and nonexpendable before the product is scheduled to be subjected to discrimination under any personal property purchased with sent for publication or reproduction to program or activity supported by Institute funds shall vest in the recipient permit Institute review and Institute funds. Recipients of Institute court, organization, or individual that incorporation of any appropriate funds must immediately take any purchased the property if certification is changes agreed upon by the grantee and measures necessary to effectuate this made to the Institute that the property the Institute. Grantees shall provide for provision. will continue to be used for the authorized purposes of the Institute- timely reviews by the Institute of L. Reporting Requirements funded project or other purposes videotape or CD–ROM products at the Recipients of Institute funds, other consistent with the State Justice treatment, script, rough cut, and final than scholarships awarded under Institute Act, as approved by the stages of development or their section II.B.2.b.iii., shall submit Institute. If such certification is not equivalents, prior to initiating the next Quarterly Progress and Financial Status made or the Institute disapproves such stage of product development. ‘I83S. Reports within 30 days of the close of certification, title to all such property Distribution of Grant Products each calendar quarter (that is, no later with an aggregate or individual value of In addition to the distribution than January 30, April 30, July 30, and $1,000 or more shall vest in the specified in the grant application, October 30). Two copies of each report Institute, which will direct the grantees shall send: must be sent. The Quarterly Progress disposition of the property. 1. Twenty copies of each final product Reports shall include a narrative developed with grant funds to the description of project activities during P. Original Material Institute, unless the product was the calendar quarter, the relationship All products prepared as the result of developed under either a curriculum between those activities and the task Institute-supported projects must be adaptation or a technical assistance schedule and objectives set forth in the originally-developed material unless grant, in which case submission of 2 approved application or an approved otherwise specified in the award copies is required. adjustment thereto, any significant documents. Material not originally 2. A mastercopy of each videotape problem areas that have developed and developed that is included in such produced with grant funds to the how they will be resolved, and the products must be properly identified, Institute. 53808 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

3. A one-page abstract to the Institute dissemination costs, the grantee may, position are not described in the summarizing the products produced with the Institute’s prior written application or if there is a change of a during the project for posting on the approval, recover its costs for person assigned to such a position, a Internet together with a diskette developing, producing, and recipient shall submit a description of containing the abstract in Word, disseminating the material to those the qualifications of the newly assigned WordPerfect, or ASCII. The abstract requesting it, to the extent that those person to the Institute. Prior written should include the grant number, a costs were not covered by Institute approval of the qualifications of the new contact name, address, telephone funds or grantee matching person assigned to a key staff position numbers, and e-mail address (if contributions. must be received from the Institute applicable). Applicants should disclose their before the salary or consulting fee of 4. One copy of each final product intent to sell grant-related products in that person and associated costs may be developed with grant funds to the both the concept paper and the paid or reimbursed from grant funds. library established in each State to application. Subsequent written collect materials prepared with Institute requests to recover costs ordinarily XI. Financial Requirements support. (A list of these libraries is should be submitted in writing during A. Accounting Systems and Financial contained in Appendix II. Labels for the grant period and should specify the Records these libraries are available from the nature and extent of the costs to be All grantees, subgrantees, contractors, Institute upon request.) Recipients of recouped, the reason that such costs and other organizations directly or curriculum adaptation and technical were not budgeted (if the rationale was indirectly receiving Institute funds are assistance grants are not required to not disclosed in the approved required to establish and maintain send final products to State libraries. application), the number of copies to be accounting systems and financial sold, the intended audience for the T. Copyrights records to accurately account for funds products to be sold, and the proposed they receive. These records shall Except as otherwise provided in the sale price. If the product is to be sold include total program costs, including terms and conditions of an Institute for more than $25.00, the written Institute funds, State and local matching award, a recipient is free to copyright request also should include a detailed shares, and any other fund sources any books, publications, or other itemization of costs that will be included in the approved project copyrightable materials developed in recovered and a certification that the budget. the course of an Institute-supported costs were not supported by either project, but the Institute shall reserve a Institute grant funds or grantee 1. Purpose royalty-free, nonexclusive and matching contributions. If the price of The purpose of this section is to irrevocable right to reproduce, publish, the product is increased after the establish accounting system or otherwise use, and to authorize expiration of the grant period, the requirements and to offer guidance on others to use, the materials for purposes grantee must notify the Institute of the procedures which will assist all consistent with the State Justice new sales price. grantees/subgrantees in: Institute Act. In the event that the sale of grant a. Complying with the statutory products results in revenues that exceed U. Inventions and Patents requirements for the awarding, the costs to develop, produce, and disbursement, and accounting of funds; If any patentable items, patent rights, disseminate the product, the revenue b. Complying with regulatory processes, or inventions are produced in must continue to be used for the requirements of the Institute for the the course of Institute-sponsored work, authorized purposes of the Institute- financial management and disposition such fact shall be promptly and fully funded project or other purposes of funds; reported to the Institute. Unless there is consistent with the State Justice c. Generating financial data which can a prior agreement between the grantee Institute Act that have been approved by be used in the planning, management and the Institute on disposition of such the Institute. See sections III.F. and XI.F. and control of programs; and items, the Institute shall determine for requirements regarding project- d. Facilitating an effective audit of whether protection of the invention or related income realized during the funded programs and projects. discovery shall be sought. The Institute project period. will also determine how the rights in 2. References the invention or discovery, including W. Availability of Research Data for Except where inconsistent with rights under any patent issued thereon, Secondary Analysis specific provisions of this Guideline, the shall be allocated and administered in Upon request, grantees must make following regulations, directives and order to protect the public interest available for secondary analysis a reports are applicable to Institute grants consistent with ‘‘Government Patent diskette(s) or data tape(s) containing and cooperative agreements under the Policy’’ (President’s Memorandum for research and evaluation data collected same terms and conditions that apply to Heads of Executive Departments and under an Institute grant and the Federal grantees. These materials Agencies, February 18, 1983, and accompanying code manual. Grantees supplement the requirements of this statement of Government Patent Policy). may recover the actual cost of section for accounting systems and duplicating and mailing or otherwise financial recordkeeping and provide V. Charges for Grant-Related Products/ transmitting the data set and manual additional guidance on how these Recovery of Costs from the person or organization requirements may be satisfied. When Institute funds fully cover the requesting the data. Grantees may (Circulars may be obtained from OMB cost of developing, producing, and provide the requested data set in the by calling 202–395–7250.) disseminating a product (e.g., a report, format in which it was created and a. Office of Management and Budget curriculum, videotape or software), the analyzed. (OMB) Circular A–21, Cost Principles product should be distributed to the for Educational Institutions. field without charge. When Institute X. Approval of Key Staff b. Office of Management and Budget funds only partially cover the If the qualifications of an employee or (OMB) Circular A–87, Cost Principles development, production, or consultant assigned to a key project staff for State and Local Governments. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53809

c. Office of Management and Budget summary form. Subgrantee expenditures any general or special conditions of the (OMB) Circular A–88 (revised), Indirect should be recorded on the books of the grant; Cost Rates, Audit and Audit Follow-up State Supreme Court OR evidenced by 6. Meets the prescribed requirements at Educational Institutions. report forms duly filed by the for periodic financial reporting of d. Office of Management and Budget subgrantee. Non-Institute contributions operations; and (OMB) Circular A–102, Uniform applied to projects by subgrantees Administrative Requirements for should likewise be recorded, as should 7. Provides financial data for Grants-in-Aid to State and Local any project income resulting from planning, control, measurement and Governments. program operations. evaluation of direct and indirect costs. e. Office of Management and Budget c. Budgeting and Budget Review. The D. Total Cost Budgeting and Accounting (OMB) Circular A–110, Grants and State Supreme Court or its designee Agreements with Institutions of Higher should ensure that each subgrantee Accounting for all funds awarded by Education, Hospitals and other Non- prepares an adequate budget as the basis the Institute shall be structured and Profit Organizations. for its award commitment. The detail of executed on a ‘‘total project cost’’ basis. f. Office of Management and Budget each project budget should be That is, total project costs, including (OMB) Circular A–128, Audits of State maintained on file by the State Supreme Institute funds, State and local matching and Local Governments. Court. shares, and any other fund sources g. Office of Management and Budget d. Accounting for Non-Institute included in the approved project budget (OMB) Circular A–122, Cost Principles Contributions. The State Supreme Court shall be the foundation for fiscal for Non-profit Organizations. or its designee will ensure, in those administration and accounting. Grant h. Office of Management and Budget instances where subgrantees are applications and financial reports (OMB) Circular A–133, Audits of required to furnish non-Institute require budget and cost estimates on the Institutions of Higher Education and matching funds, that the requirements basis of total costs. Other Non-profit Institutions. and limitations of the Guideline are 1. Timing of Matching Contributions applied to such funds. B. Supervision and Monitoring e. Audit Requirement. The State Matching contributions need not be Responsibilities Supreme Court or its designee is applied at the exact time of the 1. Grantee Responsibilities required to ensure that subgrantees have obligation of Institute funds. However, met the necessary audit requirements as the full matching share must be All grantees receiving direct awards set forth by the Institute (see sections from the Institute are responsible for the obligated during the award period, X.M. and XI.J). except that with the prior written management and fiscal control of all f. Reporting Irregularities. The State funds. Responsibilities include permission of the Institute, Supreme Court, its designees, and its contributions made following approval accounting for receipts and subgrantees are responsible for expenditures, maintaining adequate of the grant by the Institute’s Board but promptly reporting to the Institute the before the beginning of the grant may be financial records, and refunding nature and circumstances surrounding expenditures disallowed by audits. counted as match. Grantees that do not any financial irregularities discovered. contemplate making matching 2. Responsibilities of State Supreme C. Accounting System contributions continuously throughout Court the course of a project, or on a task-by- The grantee is responsible for task basis, are required to submit a Each application for funding from a establishing and maintaining an State or local court must be approved, schedule within 30 days after the adequate system of accounting and beginning of the project period consistent with State law, by the State’s internal controls for itself and for Supreme Court, or its designated agency indicating at what points during the ensuring that an adequate system exists project period the matching or council. for each of its subgrantees and The State Supreme Court or its contributions will be made. In instances contractors. An acceptable and adequate where a proposed cash match is not designee shall receive all Institute funds accounting system is considered to be awarded to such courts; shall be fully met, the Institute may reduce the one which: award amount accordingly, in order to responsible for assuring proper 1. Properly accounts for receipt of maintain the ratio originally provided administration of Institute funds; and funds under each grant awarded and the for in the award agreement. shall be responsible for all aspects of the expenditure of funds for each grant by project, including proper accounting category of expenditure (including 2. Records for Match and financial recordkeeping by the matching contributions and project subgrantee. These responsibilities income); All grantees must maintain records include: 2. Assures that expended funds are which clearly show the source, amount, a. Reviewing Financial Operations. applied to the appropriate budget and timing of all matching The State Supreme Court or its designee category included within the approved contributions. In addition, if a project should be familiar with, and grant; has included, within its approved periodically monitor, its subgrantees’ 3. Presents and classifies historical budget, contributions which exceed the financial operations, records system and costs of the grant as required for required matching portion, the grantee procedures. Particular attention should budgetary and evaluation purposes; must maintain records of those be directed to the maintenance of 4. Provides cost and property controls contributions in the same manner as it current financial data. to assure optimal use of grant funds; does the Institute funds and required b. Recording Financial Activities. The 5. Is integrated with a system of matching shares. For all grants made to subgrantee’s grant award or contract internal controls adequate to safeguard State and local courts, the State obligation, as well as cash advances and the funds and assets covered, check the Supreme Court has primary other financial activities, should be accuracy and reliability of the responsibility for grantee/subgrantee recorded in the financial records of the accounting data, promote operational compliance with the requirements of State Supreme Court or its designee in efficiency, and assure conformance with this section. (See section XI.) 53810 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

E. Maintenance and Retention of manner as required for the project funds amounts expended by the grantee to Records that gave rise to the income. The develop, produce, and disseminate the All financial records, supporting policies governing the disposition of the material may not be considered match. documents, statistical records and all various types of project-related income If the sale of products occurs during other records pertinent to grants, are listed below. the project period, the costs and income generated by the sales must be reported subgrants, cooperative agreements or 1. Interest contracts under grants shall be retained on the Quarterly Financial Status A State and any agency or by each organization participating in a Reports and documented in an auditable instrumentality of a State including project for at least three years for manner. Whenever possible, the intent purposes of examination and audit. State institutions of higher education to sell a product should be disclosed in State Supreme Courts may impose and State hospitals, shall not be held the concept paper and application or record retention and maintenance accountable for interest earned on reported to the Institute in writing once requirements in addition to those advances of project funds. When funds a decision to sell products has been prescribed in this chapter. are awarded to subgrantees through a made. The grantee must request State, the subgrantees are not held approval to recover its product 1. Coverage accountable for interest earned on development, reproduction, and The retention requirement extends to advances of project funds. Local units of dissemination costs as specified in books of original entry, source government and nonprofit organizations section X.V. documents supporting accounting that are direct grantees must refund any 5. Other transactions, the general ledger, interest earned. Grantees shall order subsidiary ledgers, personnel and their affairs so as to ensure minimum Other project income shall be treated payroll records, canceled checks, and balances in their respective grant cash in accordance with disposition related documents and records. Source accounts. instructions set forth in the project’s documents include copies of all grant 2. Royalties terms and conditions. and subgrant awards, applications, and The grantee/subgrantee may retain all G. Payments and Financial Reporting required grantee/subgrantee financial Requirements and narrative reports. Personnel and royalties received from copyrights or payroll records shall include the time other works developed under projects or 1. Payment of Grant Funds from patents and inventions, unless the and attendance reports for all The procedures and regulations set individuals reimbursed under a grant, terms and conditions of the project provide otherwise. forth below are applicable to all subgrant or contract, whether they are Institute grant funds and grantees. employed full-time or part-time. Time 3. Registration and Tuition Fees a. Request for Advance or and effort reports will be required for Registration and tuition fees shall be Reimbursement of Funds. Grantees will consultants. used to pay project-related costs not receive funds on a ‘‘Check-Issued’’ 2. Retention Period covered by the grant, or to reduce the basis. Upon receipt, review, and amount of grant funds needed to approval of a Request for Advance or The three-year retention period starts Reimbursement by the Institute, a check from the date of the submission of the support the project. Registration and tuition fees may be used for other will be issued directly to the grantee or final expenditure report or, for grants its designated fiscal agent. A request which are renewed annually, from the purposes only with the prior written approval of the Institute. Estimates of must be limited to the grantee’s date of submission of the annual immediate cash needs. The Request for expenditure report. registration and tuition fees, and any expenses to be offset by the fees, should Advance or Reimbursement, along with 3. Maintenance be included in the application budget the instructions for its preparation, will Grantees and subgrantees are forms and narrative. be included in the official Institute expected to see that records of different award package. 4. Income from the Sale of Grant b. Continuation and On-Going fiscal years are separately identified and Products maintained so that requested Support Awards. For purposes of information can be readily located. When grant funds fully cover the cost submitting Requests for Advance or Grantees and subgrantees are also of producing and disseminating a Reimbursement, recipients of obligated to protect records adequately limited number of copies of a product, continuation and on-going support against fire or other damage. When the grantee may, with the written prior grants should treat each grant as a new records are stored away from the approval of the Institute, sell additional project and number their requests grantee’s/subgrantee’s principal office, a copies reproduced at its expense only at accordingly (i.e. on a grant rather than written index of the location of stored a price intended to recover actual a project basis). For example, the first records should be on hand, and ready reproduction and distribution costs that request for payment from a continuation access should be assured. were not covered by Institute grant grant or each year of an on-going funds or grantee matching contributions support would be number 1, the second 4. Access to the project. When grant funds only number 2, etc. (See Recommendations Grantees and subgrantees must give partially cover the costs of developing, to Grantees in the Introduction for any authorized representative of the producing, and disseminating a product, further guidance.) Institute access to and the right to the grantee may, with the written prior c. Termination of Advance and examine all records, books, papers, and approval of the Institute, recover costs Reimbursement Funding. When a documents related to an Institute grant. for developing, reproducing, and grantee organization receiving cash disseminating the material to the extent advances from the Institute: F. Project-Related Income that those costs were not covered by i. Demonstrates an unwillingness or Records of the receipt and disposition Institute grant funds or grantee inability to attain program or project of project-related income must be matching contributions. If the grantee goals, or to establish procedures that maintained by the grantee in the same recovers its costs in this manner, then will minimize the time elapsing Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53811 between cash advances and or each year of an on-going support 4. Indirect Costs disbursements, or cannot adhere to award should be number 1, the second These are costs of an organization that guideline requirements or special number 2, etc. are not readily assignable to a particular conditions; project, but are necessary to the ii. Engages in the improper award and 3. Consequences of Non-Compliance with Submission Requirements operation of the organization and the administration of subgrants or contracts; performance of the project. The cost of or Failure of the grantee organization to operating and maintaining facilities, iii. Is unable to submit reliable and/ submit required financial and program depreciation, and administrative or timely reports; the Institute may reports may result in a suspension or salaries are examples of the types of terminate advance financing and require termination of grant payments. costs that are usually treated as indirect the grantee organization to finance its costs. It is the policy of the Institute that operations with its own working capital. H. Allowability of Costs all costs should be budgeted directly; Payments to the grantee shall then be 1. General however, if a recipient has an indirect made by check to reimburse the grantee cost rate approved by a Federal agency for actual cash disbursements. In the Except as may be otherwise provided as set forth below, the Institute will event the grantee continues to be in the conditions of a particular grant, accept that rate. deficient, the Institute may suspend cost allowability shall be determined in reimbursement payments until the accordance with the principles set forth a. Approved Plan Available deficiencies are corrected. in OMB Circulars A–87, Cost Principles i. The Institute will accept an indirect d. Principle of Minimum Cash on for State and Local Governments; A–21, cost rate or allocation plan approved for Hand. Recipient organizations should Cost Principles Applicable to Grants a grantee during the preceding two years request funds based upon immediate and Contracts with Educational by any Federal granting agency on the disbursement requirements. Grantees Institutions; and A–122, Cost Principles basis of allocation methods substantially should time their requests to ensure that for Non-Profit Organizations. No costs in accord with those set forth in the cash on hand is the minimum needed may be recovered to liquidate applicable cost circulars. A copy of the for disbursements to be made obligations which are incurred after the approved rate agreement must be immediately or within a few days. Idle approved grant period. Copies of these submitted to the Institute. funds in the hands of subgrantees will circulars may be obtained from OMB by ii. Where flat rates are accepted in impair the goals of good cash calling (202) 395–7250. lieu of actual indirect costs, grantees management. 2. Costs Requiring Prior Approval may not also charge expenses normally 2. Financial Reporting included in overhead pools, e.g., a. Pre-agreement Costs. The written accounting services, legal services, a. General Requirements. In order to prior approval of the Institute is building occupancy and maintenance, obtain financial information concerning required for costs which are considered etc., as direct costs. the use of funds, the Institute requires necessary to the project but occur prior iii. Organizations with an approved that grantees/subgrantees of these funds to the award date of the grant. indirect cost rate, utilizing total direct submit timely reports for review. costs as the base, usually exclude Three copies of the Financial Status b. Equipment. Grant funds may be used to purchase or lease only that contracts under grants from any Report are required from all grantees, overhead recovery. The negotiated other than recipients of scholarships equipment which is essential to accomplishing the goals and objectives agreement will stipulate that contracts under section II.B.2.b.iii., for each active are excluded from the base for overhead quarter on a calendar-quarter basis. This of the project. The written prior approval of the Institute is required recovery. report is due within 30 days after the b. Establishment of Indirect Cost close of the calendar quarter. It is when the amount of automated data processing (ADP) equipment to be Rates. In order to be reimbursed for designed to provide financial indirect costs, a grantee or organization information relating to Institute funds, purchased or leased exceeds $10,000 or the software to be purchased exceeds must first establish an appropriate State and local matching shares, and indirect cost rate. To do this, the grantee $3,000. any other fund sources included in the must prepare an indirect cost rate approved project budget. The report c. Consultants. The written prior proposal and submit it to the Institute. contains information on obligations as approval of the Institute is required The proposal must be submitted within well as outlays. A copy of the Financial when the rate of compensation to be three months after the start of the grant Status Report, along with instructions paid a consultant exceeds $300 a day. period to assure recovery of the full for its preparation, will be included in Institute funds may not be used to pay amount of allowable indirect costs, and the official Institute Award package. In a consultant at a rate in excess of $900 it must be developed in accordance with circumstances where an organization per day. principles and procedures appropriate requests substantial payments for a 3. Travel Costs to the type of grantee institution project prior to the completion of a involved as specified in the applicable given quarter, the Institute may request Transportation and per diem rates OMB Circular. Copies of OMB Circulars a brief summary of the amount must comply with the policies of the may be obtained directly from OMB by requested, by object class, in support of applicant organization. If the applicant calling (202) 395–7250. the Request for Advance or does not have an established written c. No Approved Plan. If an indirect Reimbursement. travel policy, then travel rates shall be cost proposal for recovery of actual b. Additional Requirements for consistent with those established by the indirect costs is not submitted to the Renewal Grants. Grantees receiving a Institute or the Federal Government. Institute within three months after the continuation or on-going support grant Institute funds may not be used to cover start of the grant period, indirect costs should number their quarterly Financial the transportation or per diem costs of will be irrevocably disallowed for all Status Reports on a grant rather than a a member of a national organization to months prior to the month that the project basis. For example, the first attend an annual or other regular indirect cost proposal is received. This quarterly report for a continuation grant meeting of that organization. policy is effective for all grant awards. 53812 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

I. Procurement and Property audit. Each grant recipient shall have project and the close-out period, Management Standards policies and procedures for acting on including to whom project products audit recommendations by designating have been disseminated; provide a 1. Procurement Standards officials responsible for: follow-up, summary of activities during the entire For State and local governments, the maintaining a record of the actions project; specify whether all the Institute adopts the standards set forth taken on recommendations and time objectives set forth in the approved in Attachment O of OMB Circular A– schedules, responding to and acting on application or an approved adjustment 102. Institutions of higher education, audit recommendations, and submitting thereto have been met and, if any of the hospitals, and other non-profit periodic reports to the Institute on objectives have not been met, explain organizations will be governed by the recommendations and actions taken. the reasons therefor; and discuss what, standards set forth in Attachment O of if anything, could have been done 3. Consequences of Non-Resolution of OMB Circular A–110. differently that might have enhanced Audit Issues 2. Property Management Standards the impact of the project or improved its It is the general policy of the State operation. The property management standards Justice Institute not to make new grant as prescribed in Attachment N of OMB awards to an applicant having an 3. Extension of Close-out Period Circulars A–102 and A–110 shall be unresolved audit report involving Upon the written request of the applicable to all grantees and Institute awards. Failure of the grantee grantee, the Institute may extend the subgrantees of Institute funds except as organization to resolve audit questions close-out period to assure completion of provided in section X.O. may also result in the suspension or All grantees/subgrantees are required the Grantee’s close-out requirements. termination of payments for active to be prudent in the acquisition and Requests for an extension must be Institute grants to that organization. management of property with grant submitted at least 14 days before the funds. If suitable property required for K. Close-Out of Grants end of the close-out period and must the successful execution of projects is explain why the extension is necessary already available within the grantee or 1. Definition and what steps will be taken to assure subgrantee organization, expenditures of Close-out is a process by which the that all the grantee’s responsibilities grant funds for the acquisition of new Institute determines that all applicable will be met by the end of the extension property will be considered administrative and financial actions and period. unnecessary. all required work of the grant have been XII. Grant Adjustments completed by both the grantee and the J. Audit Requirements Institute. All requests for program or budget 1. Implementation adjustments requiring Institute approval 2. Grantee Close-Out Requirements must be submitted in a timely manner Each recipient of a grant from the Within 90 days after the end date of by the project director. All requests for Institute, other than a scholarship, changes from the approved application curriculum adaptation, or technical the grant or any approved extension thereof (See section XI.K.3), the will be carefully reviewed for both assistance grant (including a State or consistency with this Guideline and the local court receiving a subgrant from the following documents must be submitted to the Institute by the grantee other than enhancement of grant goals and State Supreme Court) shall provide for objectives. an annual fiscal audit. The audit may be a recipient of a scholarship under of the entire grantee organization (e.g., section II.B.2.b.v. These reporting A. Grant Adjustments Requiring Prior a university) or of the specific project requirements apply at the conclusion of Written Approval funded by the Institute. Audits any non-scholarship grant, even when the project will receive renewal funding There are several types of grant conducted in accordance with the adjustments which require the prior Single Audit Act of 1984 and OMB through a continuation or on-going support grant. written approval of the Institute. Circular A–128, or OMB Circular A–133 Examples of these adjustments include: will satisfy the requirement for an a. Financial Status Report. The final 1. Budget revisions among direct cost annual fiscal audit. The audit shall be report of expenditures must have no categories which, individually or in the conducted by an independent Certified unliquidated obligations and must aggregate, exceed or are expected to Public Accountant, or a State or local indicate the exact balance of exceed five percent of the approved agency authorized to audit government unobligated funds. Any unobligated/ original budget or the most recently agencies. unexpended funds will be deobligated Grantees who receive funds from a from the award by the Institute. Final approved revised budget. For the Federal agency and who satisfy audit payment requests for obligations purposes of this section, the Institute requirements of the cognizant Federal incurred during the award period must will view budget revisions agency should submit a copy of the be submitted to the Institute prior to the cumulatively. audit report prepared for that Federal end of the 90-day close-out period. For continuation and on-going agency to the Institute in order to satisfy Grantees on a check-issued basis, who support grants, funds from the original the provisions of this section. Cognizant have drawn down funds in excess of award may be used during the renewal Federal agencies do not send reports to their obligations/expenditures, must grant period and funds awarded by a the Institute. Therefore, each grantee return any unused funds as soon as it is continuation or on-going support grant must send this report directly to the determined that the funds are not may be used to cover project-related Institute. required. In no case should any unused expenditures incurred during the funds remain with the grantee beyond original award period, with the prior 2. Resolution and Clearance of Audit the submission date of the final written approval of the Institute. Reports financial status report. 2. A change in the scope of work to Timely action on recommendations b. Final Progress Report. This report be performed or the objectives of the by responsible management officials is should describe the project activities project (see section XII.D.). an integral part of the effectiveness of an during the final calendar quarter of the 3. A change in the project site. Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53813

4. A change in the project period, days in advance of the end date of the both direct and indirect, are to be such as an extension of the grant period grant. A revised task plan should allowed. The contract or other written and/or extension of the final financial or accompany requests for a no-cost agreement must not affect the grantee’s progress report deadline (see section extension of the grant period, along with overall responsibility for the direction of XII.E.). a revised budget if shifts among budget the project and accountability to the 5. Satisfaction of special conditions, if categories will be needed. A request to Institute. required. change or extend the deadline for the 6. A change in or temporary absence final financial report or final progress State Justice Institute Board of of the project director (see sections report must be made at least 14 days in Directors XII.F. and G.). advance of the report deadline (see David A. Brock, Co-Chairman, Chief 7. The assignment of an employee or section XI.K.3.). Justice, Supreme Court of New consultant to a key staff position whose Hampshire, Concord, NH F. Temporary Absence of the Project qualifications were not described in the John F. Daffron, Jr., Co-Chairman, Judge, Director application, or a change of a person Chesterfield Circuit Court, assigned to a key project staff position Whenever absence of the project Chesterfield, VA (see section X.X.). director is expected to exceed a Sandra A. O’Connor, Secretary, States 8. A change in the name of the grantee continuous period of one month, the Attorney of Baltimore County, organization. plans for the conduct of the project Towson, MD 9. A transfer or contracting out of director’s duties during such absence Terrence B. Adamson, Esq., Executive grant-supported activities (see section must be approved in advance by the Committee Member, Kaye, Scholer, XII.H.). Institute. This information must be Fierman, Hays & Handler, 10. A transfer of the grant to another provided in a letter signed by an Washington, DC recipient. authorized representative of the grantee/ Joseph F. Baca, Chief Justice, New 11. Preagreement costs, the purchase subgrantee at least 30 days before the Mexico Supreme Court, Santa Fe, NM of automated data processing equipment departure of the project director, or as Mr. Robert N. Baldwin, State Court and software, and consultant rates, as soon as it is known that the project Administrator, Virginia Supreme specified in section XI.H.2. director will be absent. The grant may Court, Richmond, VA 12. A change in the nature or number be terminated if arrangements are not Carlos R. Garza, Esq., Administrative of the products to be prepared or the approved in advance by the Institute. Judge (ret.), Vienna, VA Tommy Jewell, Judge, 2nd Judicial manner in which a product would be G. Withdrawal of/Change in Project District Court, Albuquerque, NM distributed. Director Keith McNamara, Esq., McNamara & B. Request for Grant Adjustments If the project director relinquishes or McNamara, Columbus, OH All grantees and subgrantees must expects to relinquish active direction of Florence K. Murray, Associate Justice promptly notify their SJI program the project, the Institute must be (ret.), Rhode Island Supreme Court, manager, in writing, of events or notified immediately. In such cases, if Providence, RI proposed changes which may require an the grantee/subgrantee wishes to Janie L. Shores, Justice, Alabama adjustment to the approved application. terminate the project, the Institute will Supreme Court, Birmingham, AL In requesting an adjustment, the grantee forward procedural instructions upon David I. Tevelin, Executive Director (ex must set forth the reasons and basis for notification of such intent. If the grantee officio) the proposed adjustment and any other wishes to continue the project under the David I. Tevelin, information the program manager direction of another individual, a Executive Director. determines would help the Institute’s statement of the candidate’s review. qualifications should be sent to the Appendix I—List of Contacts Regarding Institute for review and approval. The Administration of Institute Grants to C. Notification of Approval/Disapproval grant may be terminated if the State and Local Courts If the request is approved, the grantee qualifications of the proposed Mr. Frank Gregory, Administrative Director, will be sent a Grant Adjustment signed individual are not approved in advance Administrative Office of the Courts, 300 by the Executive Director or his by the Institute. Dexter Avenue, Montgomery, AL 36130, designee. If the request is denied, the (205) 834–7990 H. Transferring or Contracting Out of Mr. Arthur H. Snowden II, Administrative grantee will be sent a written Grant-Supported Activities explanation of the reasons for the Director, Alaska Court System, 303 K denial. A principal activity of the grant- Street, Anchorage, AK 99501, (907) 264– supported project shall not be 0547 D. Changes in the Scope of the Grant transferred or contracted out to another Mr. David K. Byers, Administrative Director, Supreme Court of Arizona, 1501 West A grantee/subgrantee may make organization without specific prior Washington Street, Suite 411, Phoenix, AZ minor changes in methodology, approval by the Institute. All such 85007–3330, (602) 542–9301 approach, or other aspects of the grant arrangements should be formalized in a Mr. James D. Gingerich, Director, to expedite achievement of the grant’s contract or other written agreement Administrative Office of the Courts, 625 objectives with subsequent notification between the parties involved. Copies of Marshall, Little Rock, AR 72201, (501) of the SJI program manager. Major the proposed contract or agreement 682–9400 changes in scope, duration, training must be submitted for prior approval at Mr. William C. Vickrey, State Court methodology, or other significant areas the earliest possible time. The contract Administrator, Administrative Office of the or agreement must state, at a minimum, Courts, 303 Second Street, South Tower, must be approved in advance by the San Francisco, CA 94107, (415) 396–9115 Institute. the activities to be performed, the time Mr. Steven V. Berson, State Court schedule, the policies and procedures to E. Date Changes Administrator, Colorado Judicial be followed, the dollar limitation of the Department, 1301 Pennsylvania Street, A request to change or extend the agreement, and the cost principles to be Suite 300, Denver, CO 80203–2416, (303) grant period must be made at least 30 followed in determining what costs, 861–1111, ext. 585 53814 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Honorable Aaron Ment, Chief Court Ms. Sue K. Dosal, State Court Administrator, Mr. Michael L. Buenger, State Court Administrator, Supreme Court of Supreme Court of Minnesota, 25 Administrator, Unified Judicial System, Connecticut, 231 Capitol Avenue, Drawer Constitution Avenue, St. Paul, MN 55155, 500 East Capitol Avenue, Pierre, SD 57501, N, Station A, Hartford, CT 06106, (203) (617) 296–2474 (605) 773–3474 566–4461 Mr. Martin Smith, Director, Administrative Mr. Charles E. Ferrell, Administrative Mr. Lowell Groundland, Director, Office of the Courts, Supreme Court of Director of the Courts, Nashville City Administrative Office of the Courts, Carvel Mississippi, P.O. Box 117, Jackson, MS Center, Suite 600, 511 Union Street, State Office Building, 820 N. French Street, 39205 (601) 354–7408 Nashville, TN 37243–0607, (615) 741–2687 Wilmington, DE 19801, (302) 577–2480 Mr. Ron Larkin, State Court Administrator, Mr. Jerry L. Benedict, Administrative Mr. Ulysses Hammond, Executive Officer, Supreme Court of Missouri, P.O. Box Director, Office of Court Administration of Courts of the District of Columbia, 500 104480, Jefferson City, MO 65110, (314) the Texas Judicial System, 205 West 14th Indiana Avenue, N.W., Washington, D.C. 751–3585 Street, Suite 600, Austin, TX 78701, (512) 20001, (202) 879–1700 Mr. Patrick A. Chenovick, State Court 463–1625 Mr. Kenneth Palmer, State Courts Administrator, Montana Supreme Court, Mr. Daniel Becker, State Court Administrator, Administrator, Florida State Courts Justice Building, Room 315, 215 North Administrative Office of the Courts, 230 System, Supreme Court Building, Sanders, Helena, MT 59620–3001, (406) South 500 East, Salt Lake City, UT 84102, Tallahassee, FL 32399–1900, (904) 922– 444–2621 (801) 578–3800 5081 Mr. Joseph C. Steele, State Court Mr. Lee Suskin, Court Administrator, Mr. Robert L. Doss, Jr., Director, Administrator, Supreme Court of Nebraska, Supreme Court of Vermont, 109 State Administrative Office of the Georgia State Capitol Building, Room 1220, Street, Montpelier, VT 05602, (802) 828– Courts, The Judicial Council of Georgia, Lincoln, NE 68509, (404) 471–3730 3278 244 Washington Street, S.W., Suite 500, Mr. Donald J. Mello, Court Administrator, Ms. Viola E. Smith, Clerk of the Court/ Atlanta, GA 30334–5900, (404) 656–5171 Administrative Office of the Courts, Administrator, Territorial Court of the Mr. Anthony P. Sanchez, Administrative Capitol Complex, Carson City, NV 89710, Virgin Islands, P.O. Box 70, Charlotte Director, Superior Court of Guam, Judiciary (702) 687–5076 Amalie, St. Thomas, Virgin Islands 00801, Building, 120 West O’Brien Drive, Agana, Mr. Donald Goodnow, State Court (809) 774–6680, ext. 248 Guam 96910, 011 (671) 475–3544 Administrator, Supreme Court of New Mr. Robert N. Baldwin, Executive Secretary, Mr. Michael F. Broderick, Administrative Hampshire, Frank Rowe Kenison Building, Supreme Court of Virginia, 100 North Director of the Courts, 417 S. King Street, Concord, NH 03301, (603) 271–2521 Ninth Street, 3rd Floor, Richmond, VA Room 206, Honolulu, HI 96813, (808) 539– Mr. James J. Ciancia, Administrative Director, 23219, (804) 786–6455 4900 Administrative Office of the Courts, CN– Ms. Mary C. McQueen, Administrator for the Ms. Patricia Tobias, Administrative Director 037, RJH Justice Complex, Trenton, NJ Courts, Supreme Court of Washington, P.O. of the Courts, Idaho Supreme Court, 451 08625, (609) 984–0275 Box 41174, Olympia, WA 98504, (360) West State Street, Boise, ID 83720–0101, Honorable Jonathan Lippman, Chief 357–2121 (208) 334–2246 Administrative Judge, Office of Court Mr. Ted J. Philyaw, Administrative Director Honorable Daniel R. Pascale, Administrative Administration, 270 Broadway, New York, of the Courts, E–400, State Capitol Bldg., Director of the Courts, 160 N. LaSalle 1900 Kanawha Blvd., East, Charleston, WV Street, 20th Floor, Chicago, IL 60601, (312) NY 10007, (212) 417–2007 Mr. John M. Greacen, State Court 25305, (304) 558–0145 793–8191 Mr. J. Denis Moran, Director of State Courts, Mr. Bruce A. Kotzan, Executive Director, Administrator, Administrative Office of the Courts, Supreme Court of New Mexico, P.O. Box 1688, Madison, WI 53701–1688, Supreme Court of Indiana, 115 W. (608) 266–6828 Washington, Suite 1080, Indianapolis, IN Supreme Court Building, Room 25, Sante Fe, NM 87503, (505) 827–4800 Mr. Allen C. Johnson, Court Administrator, 46204–3417, (317) 232–2542 Supreme Court of Wyoming, Supreme Mr. William J. O’Brien, State Court Hon. Jack Cozort, Acting Administrative Director, Administrative Office of the Court Building, Cheyenne, WY 82002, Administrator, Supreme Court of Iowa, (307) 777–7480 State House, Des Moines, IA 50319, (515) Courts, P.O. Box 2448, Raleigh, NC 27602, 281–5241 (919) 733–7107 Appendix II—SJI Libraries Designated Dr. Howard P. Schwartz, Judicial Mr. Keithe E. Nelson, State Court Sites and Contacts Administrator, Kansas Judicial Center, 301 Administrator, Supreme Court of North West 10th Street, Topeka, KS 66612, (913) Dakota, State Capitol Building, Bismarck, Alabama ND 58505, (701) 328–4216 296–4873 Supreme Court Library Mr. Paul F. Isaacs, Administrative Director, Mr. Stephan W. Stover, Administrative Administrative Office of the Courts, 100 Director of the Courts, Supreme Court of Mr. William C. Younger, State Law Librarian, Mill Creek Park, Frankfort, KY 40601– Ohio, State Office Tower, 30 East Broad Alabama Supreme Court Bldg., 445 Dexter 9230, (502) 573–2350 Street, Columbus, OH 43266–0419, (614) Avenue, Montgomery, AL 36130, (205) Dr. Hugh M. Collins, Judicial Administrator, 466–2653 242–4347 Supreme Court of Louisiana, 301 Loyola Mr. Howard W. Conyers, Administrative Alaska Avenue, Room 109, New Orleans, LA Director, Administrative Office of the 70112, (504) 568–5747 Courts, 1925 N. Stiles, Suite 305, Anchorage Law Library Mr. James T. Glessner, State Court Oklahoma City, OK 73105, (405) 521–2450 Ms. Cynthia S. Petumenos, State Law Administrator, Administrative Office of the Ms. Kingsley Click, State Court Librarian, Alaska Court Libraries, 303 K Courts, P.O. Box 4820, Downtown Station, Administrator, Supreme Court of Oregon, Street, Anchorage, AK 99501, (907) 264– Portland, ME 04112–4820, (207) 822–0792 Supreme Court Building, Salem, OR 97310, 0583 Mr. George B. Riggin, Jr., State Court (503) 986–5900 Administrator, Administrative Office of the Ms. Nancy M. Sobolevitch, Court Arizona Courts, Courts of Appeal Bldg., 361 Rowe Administrator, Supreme Court of State Law Library Boulevard, Annapolis, MD 21401, (410) Pennsylvania, 1515 Market Street, Suite Ms. Arlene Bansal, Collection Development, 974–2141 1414, Philadelphia, PA 19102, (215) 560– Research Division, Arizona Dept. of Honorable John J. Irwin, Jr., Chief Justice for 6337 Library, Archives and Public Records, State Administration and Management, The Dr. Robert C. Harrall, State Court Law Library, 1501 W. Washington, Trial Court, Administrative Office of the Administrator, Supreme Court of Rhode Phoenix, AZ 85007, (602) 542–4035 Trial Court, Two Center Plaza, Suite 540, Island, 250 Benefit Street, Providence, RI Boston, MA 02108, (617) 742–8575 02903, (401) 277–3263 Arkansas Ms. Marilyn K. Hall, State Court Mr. George A. Markert, Director, South Administrator, Michigan Supreme Court, Carolina Court Administration, P.O. Box Administrative Office of the Courts 309 N. Washington Square, P.O. Box 50447, Columbia, SC 29250, (803) 734– Mr. James D. Gingerich, Director, Supreme 30048, Lansing, MI 48909, (517) 373–0130 1800 Court of Arkansas, Administrative Office of Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53815

the Courts, Justice Building, 625 Marshall, Illinois 40 Thorndike Street, Little Rock, AR 72201–1078, (501) 376– Cambridge, MA 02141, Supreme Court Library 6655 (617) 494–4148 Ms. Brenda Larison, Supreme Court Library, California Supreme Court Building, Springfield, IL Michigan 62701–1791, (217) 782–2424 Administrative Office of the Courts Michigan Judicial Institute Mr. William C. Vickrey, State Court Indiana Mr. Dennis W. Catlin, Administrator, Administrative Office of the Supreme Court Library Executive Director, Michigan Judicial Institute, Courts, 303 Second Street, South Tower, Ms. Constance Matts, Supreme Court San Francisco, CA 94107, (415) 396–9100 Librarian, Supreme Court Library, State 222 Washington Square North, P.O. Box 30205, Colorado House, Indianapolis, IN 46204, (317) 232– 2557 Lansing, MI 48909, Supreme Court Library (517) 334–7804 Iowa Ms. Frances Campbell, Supreme Court Law Minnesota Librarian, Colorado State Judicial Building, Administrative Office of the Court State Law Library (Minnesota Judicial Center) 2 East 14th Avenue, Denver, CO 80203, Dr. Jerry K. Beatty, Executive Director, (303) 837–3720 Judicial, Education & Planning, Mr. Marvin R. Anderson, Administrative Office of the Courts, State State Law Librarian, Connecticut Capital Building, Des Moines, IA 50319, Supreme Court of Minnesota, State Library (515) 281–8279 25 Constitution Avenue, St. Paul, MN 55155, Mr. Richard Akeroyd, State Librarian, 231 Kansas (612) 297–2084 Capital Avenue, Hartford, CT 06106, (203) Supreme Court Library 566–4301 Mississippi Mr. Fred Knecht, Delaware Law Librarian, Mississippi Judicial College Kansas Supreme Court Library, Administrative Office of the Courts Mr. Rick D. Patt, 301 West 10th Street, Staff Attorney, Mr. Michael E. McLaughlin, Deputy Director, Topeka, KS 66614, University of Mississippi, Administrative Office of the Courts, Carvel (913) 296–3257 P.O. Box 8850, State Office Building, 820 North French Kentucky University, MS 38677, Street, 11th Floor, P.O. Box 8911, (601) 982–6590 Wilmington, DE 19801, (302) 571–2480 State Law Library Montana District of Columbia Ms. Sallie Howard, State Law Librarian, State Law Library Executive Office, District of Columbia Courts State Law Library, Ms. Judith Meadows, Mr. Ulysses Hammond, Executive Officer, State Capital, Room 200–A, State Law Librarian, Courts of the District of Columbia, 500 Frankfort, KY 40601, (502) 564–4848 State Law Library of Montana, Indiana Avenue, N.W., Washington, D.C. 215 North Sanders, 20001, (202) 879–1700 Louisiana Helena, MT 59620, Florida State Law Library (406) 444–3660 Administrative Office of the Courts Ms. Carol Billings, Nebraska Director, Mr. Kenneth Palmer, State Court Louisiana Law Library, Administrative Office of the Courts Administrator, Florida State Courts 301 Loyola Avenue, Mr. Joseph C. Steele, System, Supreme Court Building, New Orleans, LA 70112, State Court Administrator, Tallahassee, FL 32399–1900, (904) 488– (504) 568–5705 Supreme Court of Nebraska, 8621 Maine Administrative Office of the Courts, Georgia P.O. Box 98910, State Law and Legislative Reference Library Lincoln, NE 68509–8910, Administrative Office of the Courts Ms. Lynn E. Randall, (402) 471–3730 Mr. Robert Doss, Jr., Administrative Director, State Law Librarian, Administrative Office of the Courts, The State House Station 43, Nevada Judicial Council of Georgia, 244 Augusta, ME 04333, National Judicial College Washington St., S.W., Suite 550, Atlanta, (207) 289–1600 Mr. V. Robert Payant, GA 30334–5900, (404) 656–5171 Maryland President, Hawaii State Law Library National Judicial College, Judicial College Building, Mr. Michael S. Miller, Supreme Court Library University of Nevada, Director, Ms. Ann Koto, State Law Librarian, The Maryland State Law Library, Reno, NV 89550, Supreme Court Law Library, Judiciary Court of Appeal Building, (702) 784–6747 Building, P.O. Box 2560, Honolulu, HI 361 Rowe Boulevard, New Jersey 96804, (808) 548–4605 Annapolis, MD 21401, New Jersey State Library Idaho (301) 974–3395 Massachusetts Mr. Robert L. Bland, AOC Judicial Education Library / State Law Law Coordinator, Library Middlesex Law Library State of New Jersey, Ms. Laura Pershing, State Law Librarian, Ms. Sandra Lindheimer, Department of Education, State Library, Idaho State Law Library, Supreme Court Librarian, 185 West State Street, CN520, Building, 451 West State St., Boise, ID Middlesex Law Library, Trenton, NJ 08625, 83720, (208) 334–3316 Superior Court House, (609) 292–6230 53816 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

New Mexico Supreme Court of Oregon, Utah Supreme Court Building, Supreme Court Library Utah State Judicial Administration Library 1163 State Street, Mr. Thaddeus Bejnar, Salem, OR 97310, Ms. Debbie Christiansen, Librarian, (503) 378–6046 Utah State Judicial Administration Library, Supreme Court Library, 230 South 500 East, Suite 300, Post Office Drawer L, Pennsylvania Salt Lake City, UT 84102, Santa Fe, NM 87504, (801) 533–6371 State Library of Pennsylvania (505) 827–4850 Ms. Betty Lutz, Vermont New York Head, Acquisitions Section, Supreme Court of Vermont State Library of Pennsylvania, Supreme Court Library Mr. Lee Suskin, Technical Services, G46 Forum Building, Susan M. Wood, Esq., Court Administrator, Principal Law Librarian, Harrisburg, PA 17105, Supreme Court of Vermont, New York State Supreme Court Law Library, (717) 787–4440 109 State Street, Onondaga County Court House, Puerto Rico c/o Pavilion Office Building, Syracuse, NY 13202, Montpelier, VT 05609, (315) 435–2063 Office of Court Administration (802) 828–3278 North Carolina Alfredo Rivera-Mendoza, Esq., Virginia Director, Area of Planning and Management, Supreme Court Library Office of Court Administration, Administrative Office of the Courts Ms. Louise Stafford, P.O. Box 917, Mr. Robert N. Baldwin, Librarian, Hato Rey, R 00919 Executive Secretary, North Carolina Supreme Court Library, Supreme Court of Virginia, Rhode Island P.O. Box 28006, Administrative Offices, 2 East Morgan Street, Roger Williams Law School Library 100 North Ninth Street, Raleigh, NC 27601, 3rd Floor, Mr. Kendall Svengalis, (919) 733–3425 Richmond, VA 23219, Law Librarian, (804) 786–6455 North Dakota Licht Judicial Complex, 250 Benefit Street, Washington Supreme Court Library Providence, RI, Washington State Law Library Ms. Marcella Kramer, (401) 254–4546 Assistant Law Librarian, Ms. Deborah Norwood, Supreme Court Law Library, South Carolina State Law Librarian, 600 East Boulevard Avenue, Coleman Karesh Law Library (University of Washington State Law Library, 2nd Floor, Judicial Wing, South Carolina School of Law) Temple of Justice, Bismarck, ND 58505–0530, P.O. Box 40751, (701) 224–2229 Mr. Bruce S. Johnson, Olympia, WA 98504–0751, Law Librarian, (206) 357–2146 Northern Mariana Islands Associate Professor of Law, West Virginia Supreme Court of the Northern Mariana Coleman Karesh Law Library, Islands U.S.C. Law Center, Administrative Office of the Courts University of South Carolina, Honorable Jose S. Dela Cruz, Columbia, SC 29208, Mr. Richard H. Rosswurm, Chief Justice, Chief Deputy, (803) 777–5944 Supreme Court of the West Virginia Supreme Court of Appeals, Northern Mariana Islands, Tennessee State Capitol, 1900 Kanawha, P.O. Box 2165, Charleston, WV 25305, Saipan, MP 96950, Tennessee State Law Library (304) 348–0145 (670) 234–5275 Ms. Donna C. Wair, Librarian, Wisconsin Ohio Tennessee State Law Library, State Law Library Supreme Court Library Supreme Court Building, Ms. Marcia Koslov, Mr. Paul S. Fu, 401 Seventh Avenue N, State Law Librarian, Law Librarian, Nashville, TN 37243–0609, State Law Library, Supreme Court Law Library, (615) 741–2016 310E State Capitol, Supreme Court of Ohio, Texas P.O. Box 7881, 30 East Broad Street, Madison, WI 53707, Columbus, OH 43266–0419, State Law Library (608) 266–1424 (614) 466–2044 Ms. Kay Schleuter, Wyoming Oklahoma Director, State Law Library, P.O. Box 12367, Wyoming State Law Library Administrative Office of the Courts Austin, TX 78711, Ms. Kathy Carlson, Mr. Howard W. Conyers, (512) 463–1722 Law Librarian, Director, U.S. Virgin Islands Wyoming State Law Library, Administrative Office of the Courts, Supreme Court Building, 1915 North Stiles, Suite 305, Library of the Territorial Court of the Virgin Cheyenne, WY 82002, Oklahoma City, OK 73105, Islands (St. Thomas) (307) 777–7509 (405) 521–2450 Librarian, NATIONAL Oregon The Library, Territorial Court of the Virgin Islands, American Judicature Society Administrative Office of the Courts Post Office Box 70, Ms. Clara Wells, Ms. Kingsley Click, Charlotte Amalie, St. Thomas, Assistant for Information and Library State Court Administrator, U.S. Virgin Islands 00804 Services, Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53817

25 East Washington Street, Suite 1600, Court Management Diversity, Values, and Attitudes Chicago, IL 60602, (312) 558–6900 ‘‘Managing Trials Effectively: A ‘‘Troubled Families, Troubled Judges’’ Program for State Trial Judges’’ (Brandeis University: SJI–89–071). National Center for State Courts (National Center for State Courts/ ‘‘The Crucial Nature of Attitudes and Ms. Peggy Rogers, National Judicial College: SJI–87–066/ Values in Judicial Education’’ (National Acquisitions/Serials Librarian, 067, SJI–89–054/055, SJI–91–025/026). Council of Juvenile and Family Court 300 Newport Avenue, ‘‘Caseflow Management Principles Judges: SJI–90–058). Williamsburg, VA 23187–8798, ‘‘Cultural Diversity Awareness in and Practices’’ (Institute for Court (804) 253–2000 Nebraska Courts’’ from ‘‘Native Management/National Center for State American Alternatives to Incarceration JERITT Courts: SJI–87–056). Dr. John K. Hudzik, Project’’ (Nebraska Urban Indian Health ‘‘Judicial Education Curriculum: Coalition: SJI–93–028). Project Director, Teaching Guides on Court Security, and Judicial Education Reference, Information ‘‘A Videotape Training Program in and Technical Transfer Project (JERITT), Jury Management and Impanelment’’ Ethics and Professional Conduct for Michigan State University, (Institute for Court Management/ Nonjudicial Court Personnel’’ and ‘‘The 560 Baker Hall, National Center for State Courts: SJI–88– Ethics Fieldbook: Tool For Trainers’’ East Lansing, MI 48824, 053). (American Judicature Society: SJI–93– (517) 353–8603 ‘‘Managerial Budgeting in the Courts’’; 068). Appendix III—Illustrative List of Model ‘‘Performance Appraisal in the Courts’’; ‘‘Court Interpreter Training Course for Curricula ‘‘Managing Change in the Courts’’; all Spanish Interpreters’’ (International three from ‘‘Broadening Educational Institute of Buffalo: SJI–93–075). The following list includes examples Opportunities for Judges and Other Key ‘‘Doing Justice: Improving Equality of curricula that have been developed Court Personnel’’ (Institute for Court Before the Law Through Literature- with support from SJI, that might be— Management/National Center for State Based Seminars for Judges and Court or in some cases have been— Courts: SJI–91–043). Personnel’’ (Brandeis University: SJI– successfully adapted for State-based ‘‘Implementing the Court-Related 94–019). education programs for judges and other Needs of Older Persons and Persons ‘‘Race Fairness and Cultural court personnel. Please refer to Section with Disabilities’’ (National Judicial Awareness Faculty Development II.B.2.(ii) for information on submitting College: SJI 91–054). Workshop’’ (National Judicial College: a letter application for a Curriculum ‘‘Strengthening Rural Courts of SJI–93–063). Adapatation Grant. A list of all SJI- Limited Jurisdiction’’ and ‘‘Team ‘‘Multi-Cultural Training for Judges supported education projects is Training for Judges and Clerks’’ from and Court Personnel’’ (St. Petersburg available from the Institute. Please also Rural Limited Jurisdiction Court Junior College: SJI–95–006). ‘‘Ethical Standards for Judicial check with the JERITT project (517/353– Curriculum Project (Rural Justice Settlement: Developing a Judicial 8603) and with your State SJI- Center: SJI–90–014, SJI–91–082). designated library (see Appendix II) for Education Module’’ (American ‘‘Interbranch Relations Workshop’’ information on other curricula that may Judicature Society: SJI–95–082) (Ohio Judicial Conference: SJI–92–079). be appropriate for your State’s needs. ‘‘Integrating Trial Management and Family Violence and Gender-Related Alternative Dispute Resolution Caseflow Management’’ (Justice Violence Crime ‘‘Judicial Settlement Manual’’ from Management Institute: SJI–93–214). ‘‘National Judicial Response to ‘‘Judicial Settlement: Development of a ‘‘Leading Organizational Change’’ Domestic Violence: Civil and Criminal New Course Module, Film, and (California Administrative Office of the Curricula’’ (Family Violence Prevention Instructional Manual’’ (National Judicial Courts: SJI–94–068). Fund: SJI–87–061, SJI–89–070, SJI–91– College: SJI–89–089). ‘‘Managing the Complex Case’’ 055). ‘‘Improving the Quality of Dispute (National Judicial College: SJI–94–142). ‘‘Domestic Violence: A Curriculum for Resolution’’ (Ohio State University ‘‘Employment Responsibilities of Rural Courts’’ from ‘‘A Project to College of Law: SJI–93–277). State Court Judges’’ (National Judicial Improve Access to Rural Courts for Victims of Domestic Violence’’ (Rural ‘‘Comprehensive ADR Curriculum for College: SJI–95–025) Justice Center: SJI–88–081). Judges’’ (American Bar Association: SJI– Courts and Communities ‘‘Judicial Training Materials on 95–002). ‘‘A National Program for Reporting on Spousal Support’’; ‘‘Family Violence: Court Coordination the Courts and the Law’’ (American Effective Judicial Intervention’’; ‘‘Judicial Training Materials on Child ‘‘Adjudication of Farm Credit Issues’’ Judicature Society: SJI–88–014). Custody and Visitation’’ from (Rural Justice Center: 87–059). ‘‘Victim Rights and the Judiciary: A ‘‘Enhancing Gender Fairness in the State Bankruptcy Issues for State Trial Training and Implementation Project’’ Courts’’ (Women Judges’ Fund for Court Judges’’ (American Bankruptcy (National ‘‘Organization for Victim Justice: SJI–89–062). Institute: SJI–91–027). Assistance: SJI–89–083). ‘‘Judicial Response to Stranger and ‘‘Intermediate Sanctions Handbook: ‘‘National Guardianship Monitoring Nonstranger Rape and Sexual Assault’’ Experiences and Tools for Project: Trainer and Trainee’s Manual’’ (National Judicial Education Program to Policymakers’’ (Center for Effective (American Association of Retired Promote Equality for Women and Men: Public Policy: IAA–88–NIC–001). Persons: SJI–91–013). SJI–92–003). ‘‘Regional Conference Cookbook: A ‘‘Access to Justice: The Impartial Jury ‘‘Domestic Violence & Children: Practical Guide to Planning and and the Justice System’’ and ‘‘When Resolving Custody and Visitation Presenting a Regional Conference on Implementing the Court-Related Needs Disputes’’ (Family Violence Prevention State-Federal Judicial Relationships’’ of Older People and Persons with Fund: SJI–93–255). (U.S. Court of Appeals for the 9th Disabilities: An Instructional Guide’’ ‘‘Adjudicating Allegations of Child Circuit: SJI–92–087). (National Judicial College: SJI–91–054) Sexual Abuse When Custody Is In 53818 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices

Dispute’’ (National Judicial Education ‘‘Bench Trial Skills and Demeanor: AARP Volunteers: A Resource for Program: SJI 95–019). An Interactive Manual’’ (National Strengthening Guardianship Services Judicial College: SJI 94–058). Health and Science Grantee: American Association of ‘‘Indian Welfare Act’’; ‘‘Defendants, Retired Persons, Contact: Wayne ‘‘Medicine, Ethics, and the Law: Victims, and Witnesses with Mental Preconception to Birth’’ (Women Judges Moore, 601 E Street, N.W., Retardation’’; ‘‘Ethical Issues in the Washington, DC 20049, (202) 434– Fund for Justice: SJI–89–062, SJI–91– Election of Judges’’; ‘‘Privacy Issues in 019). 2165, Grant Nos: SJI–88–033 /SJI–91– Computerized Record Keeping’’ 013 ‘‘Judicial Educator’s Workshop (National Judicial College: SJI–94–142). Curriculum Guide: Implementing Alabama Alcohol and Drug Abuse Court Medical Legal Training’’ from Medical Juveniles and Families in Court Referral Officer Program Legal Issues in Juvenile and Family ‘‘Innovative Juvenile and Family Courts (National Council for Juvenile Grantee: Alabama Administrative Office Court Training’’ (Youth Law Center: SJI– of the Courts, Contact: Angelo and Family Court Judges: SJI–91–091). 87–060, SJI–89–039). ‘‘Environmental Law Resource Trimble, 817 South Court Street, Handbook’’ (University of New Mexico ‘‘Fundamental Skills Training Montgomery, AL 36130–0101, (334) Institute for Public Law: SJI–92–162). Curriculum for Juvenile Probation 834–7990, Grant Nos: SJI–88–030/SJI– Officers’’ (National Council of Juvenile 89–080/SJI–90–005 Judicial Education For Appellate Court and Family Court Judges: SJI–90–017). Judges Substance Abuse Assessment and ‘‘Child Support Across State Lines: Intervention to Reduce Driving Under ‘‘Career Writing Program for The Uniform Interstate Family Support the Influence of Alcohol Recidivism Appellate Judges’’ (American Academy Act’’ from Uniform Interstate Family of Judicial Education: SJI–88–086–P92– Support Act: Development and Delivery Grantee: California Administrative 1). of a Judicial Training Curriculum.’’ Office of the Courts c/o El Cajon ‘‘Civil and Criminal Procedural (ABA Center on Children and the Law: Municipal Court, Contact: Fred Lear, Innovations for Appellate Courts’’ SJI 94–321). 250 E. Main Street, El Cajon, CA 92020, (619) 441–4336, Grant No: SJI– (National Center for State Courts: SJI– Strategic and Futures Planning 94–002). 88–029/SJI–90–008 ‘‘Minding the Courts into the Decision-Making in Authorizing and Judicial Orientation, Mentoring, and Twentieth Century’’ (Michigan Judicial Continuing Education Withholding Life-Sustaining Medical Institute: SJI–89–029). Treatment: Guidelines for State Courts ‘‘Manual for Judicial Writing ‘‘An Approach to Long-Range Workshop for Trial Judges’’ (University Strategic Planning in the Courts’’ Grantee: National Center for State of Georgia/Colorado Judicial (Center for Public Policy Studies: SJI– Courts, Contact: Victor E. Flango, 300 Department: SJI–87–018/019). 91–045). Newport Avenue, Williamsburg, VA ‘‘Legal Institute for Special and 23187–8798, (804) 253–2000, Grant Limited Jurisdiction Judges’’ (National Substance Abuse Nos: SJI–88–051/SJI–91–048 Judicial College: SJI–89–043, SJI–91– ‘‘Effective Treatment for Drug- Establishing a Consumer Research and 040). Involved Offenders: A Review & Service Development Process Within the ‘‘Pre-Bench Training for New Judges’’ Synthesis for Judges and Court Judicial System (American Judicature Society: SJI–90– Personnel’’ (Education Development 028). Center, Inc.: SJI–90–051). Grantee: Supreme Court of Virginia, ‘‘A Manual for Workshops on Contact: Beatrice Monahan, ‘‘Good Times, Bad Times: Drugs, Processing Felony Dispositions in Administrative Offices, Third Floor, Youth, and the Judiciary’’ (Professional Limited Jurisdiction Courts’’ (National 100 North Ninth Street, Richmond, Development and Training Center, Inc.: Center for State Courts: SJI–90–052). VA 23219, (804) 786–6455, Grant No: SJI–91–095). ‘‘A Unified Orientation and SJI–89–068 Mentoring Program for New Judges of ‘‘Gaining Momentum: A Model Housing Court Video Project All Arizona Trial Courts’’ (Arizona Curriculum for Drug Courts’’ (Florida Supreme Court: SJI–90–078). Office of the State Courts Grantee: Association of the Bar of the ‘‘The Leadership Institute in Judicial Administrators: SJI–94–291). City of New York, Contact: Marilyn Education’’ and ‘‘The Advanced ‘‘Judicial Response to Substance Kneeland, 42 West 44th Street, New Leadership Institute in Judicial Abuse: Children, Adolescents, and York, NY 10036–6690, (212) 382– Education’’ (Appalachian State Families’’ (National Council of Juvenile 6620, Grant No: SJI–90–041 University: SJI–91–021). and Family Court Judges: (SJI–95–030). Tele-Court: A Michigan Judicial System ‘‘Faculty Development Instructional Appendix IV—Illustrative List of Public Information Program Program’’ from ‘‘Curriculum Review’’ Replicable Projects (National Judicial College: SJI–91–039). Grantee: Michigan Supreme Court, ‘‘Judicial Review of Administrative The following list includes examples Contact: Judy Bartell, State Court Agency Decisions’’ (National Judicial of projects undertaken with support Administrative Office, 611 West College: SJI–91–080). from SJI that might be—or in some cases Ottawa Street, P.O. Box 30048, ‘‘New Employee Orientation have been—successfully adapted and Lansing, MI 48909, (517) 373–0130, Facilitators Guide’’ from ‘‘The replicated in other in other Grant No: SJI–91–015 Minnesota Comprehensive Curriculum jurisdictions. Please see Section II.C.1. Measurement of Trial Court Design and Training Program for Court for information on submitting a concept Performance Personnel’’ (Minnesota Supreme Court: paper requesting a grant to replicate one SJI–92–155). of these or another SJI-supported Grantee: Washington Administrative ‘‘Magistrates Correspondence Course’’ project. A list of all SJI-supported Office for the Courts, Contact: Yvonne (Alaska Court System: SJI–92–156). projects is available from the Institute. Pettus, 1206 S. Quince Street, Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices 53819

Olympia, WA 98504, Grant No: SJI– The Development of a Prototype Arizona/Sonora Judicial Relations 91–017; SJI–91–017–P92–1 Computerized Benchbook Using Project Hypertext Technology Measurement of Trial Court Grantee: Arizona Supreme Court, Performance Grantee: Michigan Supreme Court, Contact: Dennis Metrick, 1501 West Washington Street, Phoenix, AZ Grantee: New Jersey Administrative Contact: Dennis Catlin, Michigan Judicial Institute, P.O. Box 30205, 85007–3327, (602) 542–4532, Grant Office of the Courts, Contact: Nos: SJI–93–202; SJI–93–202–P95–1 Theodore J. Fetter, CN–037, RJH Lansing, MI 48909, (517) 334–7805, Justice Complex, Trenton, NJ 08625, Grant Nos: SJI–92–034; SJI–92–034– Enhancing Citizen Understanding of Grant No: SJI–91–023; SJI–91–023– P93–1; SJI–92–034–P93–2; SJI–92– and Access to the Probate Process at P93–1 034–P93–3 D.C. Superior Court Grantee: District of Columbia Courts, Measurement of Trial Court Probate Caseflow Management Project Contact: Constance G. Evans, 500 Performance Grantee: Ohio Supreme Court/Trumball Indiana Avenue, N.W., Washington, Grantee: Ohio Supreme Court, Contact: County Probate Court, Contact: Susan DC 20001, (202) 879–4800, Grant No: Stephan W. Stover, State Office Lightbody, 160 High Street, N.W., SJI–93–258 Tower, 30 East Broad Street, Warren, OH 44481, (216) 675–2566, Grant No: SJI–92–081; SJI–92–081– The Family Violence Needs Assessment Columbus, OH 43266–0419, Grant No: and Planning Project SJI–91–024; SJI–91–024–P93–1 P94–1; SJI–92–081–P95–1 Grantee: Nevada Network Against Measurement of Trial Court Managing Documents with Imaging Technology Domestic Violence, Contact: Susan Performance Meuschke 2100 Capurro Way, Suite E, Grantee: Supreme Court of Virginia, Grantee: Alaska Judicial Council, Sparks, NV 89481, (702) 358–1171, Contact: Beatrice Monahan, 100 North Contact: William T. Cotton, 1029 W. Grant No: SJI–94–154 Third Avenue, Suite 201, Anchorage, Ninth Street, Third Floor, Richmond, Domestic Relations Organizational AK 99501–1917, (907) 279–2526, VA 23219, (804) 786–6455, Grant No: Development Implementation Project Grant No: SJI–92–083 SJI–91–042; SJI–91–042–P93–1 (Self-Service Center) Court Probation Enhancement Through Automated Teller Machines for Juror Grantee: Maricopa County, (Phoenix), Community Involvement Payment Arizona, Superior Court, Contact: Noreen Sharp, 201 W. Jefferson, 4th Grantee: Volunteers in Prevention, Grantee: District of Columbia Courts, Contact: Philip Braxton, 500 Indiana floor CCB, Phoenix, AZ 85003, (602) Probation and Prisons, Inc., Contact: 506–2913, Grant No: SJI–94–325 Gerald Dash, 163 Madison, Suite 120, Avenue, N.W., Washington, DC Detroit, MI 48226, (313) 964–1110, 20001, (202) 879–1700, Grant No: SJI– Appendix IV—State Justice Institute Grant No: SJI–91–073 92–139 Scholarship Application Day in Court: A Child’s Perspective Court Referral Officer Program (Form S1) Grantee: New Hampshire Supreme This application does not serve as a Grantee: Massachusetts Trial Court, registration for the course. Please contact the Contact: Hon. John Irwin, 2 Center Court, Contact: Jim Kelley, Supreme education provider. Court Building, Concord, NH 03301, Plaza, Boston, MA 02108, (617) 742– APPLICANT INFORMATION: 8575, Grant No: SJI–91–079 (603) 271–2521, Grant No: SJI–92–142 1. Applicant Name: lllllllllll Arizona Pro Per Information System Using Judges and Court Personnel to (Last) (First) (M) (QuickCourt) Facilitate Access to Courts by Limited 2. Position: lllllllllllllll English Speakers 3. Name of Court: llllllllllll Grantee: Arizona Supreme Court, 4. Address: lllllllllllllll Contact: Jeannie Lynch, Grantee: Washington Office of the Street/P.O. Box Administrative Office of the Court, Administrator for the Courts, Contact: lllllllllllllllllllll Joanne Moore, 1206 South Quince City State Zip Code 1501 West Washington Street, Suite llllllllllll 411, Phoenix, AZ 85007–3330, (602) Street, P.O. Box 41170, Olympia, WA 5. Telephone No. 6. Congressional District: lllllllll 542–9554, Grant No: SJI–91–084 98504–1170, (206) 753–3365, Grant No: SJI–92–147 PROGRAM INFORMATION: File Transfer Technology Application in 7. Course Name: lllllllllllll Use of Court Information Becoming Receptive to Challenge and 8. Course Dates: lllllllllllll Change: Applying TQM Concepts to lllllllllll Grantee: South Carolina Bar, Contact: 9. Course Provider: Systemwide Problems of the Maine 10. Location Offered: lllllllllll Yvonne Visser, 950 Taylor Street, P.O. Judicial Branch Box 608, Columbia, SC 29202–0608, ESTIMATED EXPENSES: (803) 799–6653, Grant Nos: SJI–91– Grantee: Maine Supreme Judicial Court, (Please note, scholarships are limited to 088; SJI–91–088–P93–1; SJI–91–088– Contact: Marcy Kamin-Crane, 95 State tuition and transportation expenses to and P94–1 Street, Augusta, ME 04330, (207) 822– from the site of the course up to a maximum of $1,500.) 4285, Grant No: SJI–93–072 Automated Public Information System Tuition: $ llllllllllllllll Family Court Networking and Imaging Transportation: $ llllllllllll Grantee: California Administrative Project (Airfare, trainfare, or if you plan to drive, Office of the Courts, Contact: Mark an amount equal to the approximate Greenia, Sacramento Superior and Grantee: Colorado Judicial Department, distance and mileage rate.) Municipal Court, 303 Second Street, Contact: Marcy McNeill, 1301 Amount Requested: $ llllllllll South Tower, San Francisco, CA Pennsylvania Street, Suite 300, ADDITIONAL INFORMATION: 94107, (916) 440–7590, Grant No: SJI– Denver, CO 80203–2416, (719) 630– Please attach a current resume or 91–093 2846, Grant No: SJI–93–124 professional summary, and answer the 53820 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Notices following questions. (You may attach Please indicate which were mandatory (M) lllllllllllllllllllll additional pages if necessary.) and which were non-mandatory (V). prepared by lllllllllllll 1. How will taking this course benefit you, STATEMENT OF APPLICANT’S Name of Applicant your court, and the State’s courts generally? COMMITMENT and concur in its submission to the State 2. Is there any education or training If a scholarship is awarded, I will submit Justice Institute. The applicant’s currently available through your State on this an evaluation of the educational program to topic? participation in the program would benefit the State Justice Institute and to the Chief 3. How will you apply what you have the State; the applicant’s absence to attend Justice of my State. the program would not present an undue learned? Please include any plans you may llllllllllllllll Signature hardship to the court; and receipt of a have to develop/teach a course on this topic Date llllllllllllllllll scholarship would not diminish the amount in your jurisdiction/State, provide in-service Please return this form and Form S–2 to: training, or otherwise disseminate what you State Justice Institute, 1650 King Street, Suite of funds made available by the State for have learned to colleagues. 600, Alexandria Virginia 22314 judicial education. 4. Are State or local funds available to Signature llllllllllllllll support your attendance at the proposed State Justice Institute Scholarship llllllllllllllllll course? If so, what amount(s) will be Application Name provided? (Form S2) Title llllllllllllllllll 5. How long have you served as a judge or Date llllllllllllllllll court manager? Concurrence 6. How long do you anticipate serving as I, llllllllllllllll Appendix V Line—Item Budget Form a judge or court manager, assuming Name of Chief Justice (or Chief Justice’s reelection or reappointment? Designee) For Concept Papers, Curriculum 7. What continuing professional education have reviewed the application for a Adaptation & Technical Assistance Grant programs have you attended in the past year? scholarship to attend the program entitled Requests:

Cash In-kind Category SJI funds match match

Personnel ...... $llll $llll $llll Fringe Benefits ...... $llll $llll $llll Consultant/Contractual ...... $llll $llll $llll Travel ...... $llll $llll $llll Equipment ...... $llll $llll $llll Supplies ...... $llll $llll $llll Telephone ...... $llll $llll $llll Postage ...... $llll $llll $llll Printing/Photocopying ...... $llll $llll $llll Audit ...... $llll $llll $llll Other ...... $llll $llll $llll Indirect Costs (%) ...... $llll $llll $llll

TOTAL ...... $llll $llll $llll

PROJECT TOTAL: $ lllllllllll Appendix VI—State Justice Institute [ ] agrees to receive and administer and be lllllllllllllllllllll accountable for all funds awarded by the Financial assistance has been or will be Form B (Instructions on Reverse Side) Institute pursuant to the application. sought for this project from the following Certificate of State Approval [ ] designates llllll other sources: lllllllllllllllllllll The llllllllllllllllll lllllllllllllllllllll Name of Trial or Appellate Court or lllllllllllllllllllll Name of State Supreme Court or Designated Agency or Council Agency as the entity to receive, administer, and Concept papers requesting an acccelerated has reviewed the application entitled lll be accountable for all funds awarded by award, Curriculum Adaptation grant lllllllllllllllllllll requests, and Technical Assistance grant the Institute pursuant to the application. lllllllllllllll requests should be accompanied by a budget prepared by Signature llllllllllllllll narrative explaining the basis for each line- Name of Applicant Name llllllllllllllllll item listed in the proposed budget. approves its submission to the State Justice Title llllllllllllllllll Institute, and Date llllllllllllllllll [FR Doc. 96–26209 Filed 10–14–96; 8:45 am] BILLING CODE 6820±SC±P federal register October 15,1996 Tuesday Rule Savings Bonds,SeriesEEandHH;Final Regulations GoverningUnitedStates 31 CFRPart353 Fiscal Service Treasury Department ofthe Part III 53821 53822 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations

DEPARTMENT OF THE TREASURY CFR Part 351. Series H savings bonds List of Subjects in 31 CFR Part 353 were offered for sale under 31 CFR Part Bonds, Government securities. Fiscal Service 332; Series HH bonds are offered under 31 CFR Part 352. All bonds are governed Dated: October 8, 1996. 31 CFR Part 353 by additional regulations, at 31 CFR Part Gerald Murphy, Fiscal Assistant Secretary. [Department of the Treasury Circular, Public 315 or 353, expressly made part of the Debt Series No. 3±80] terms of the offerings. For the reasons set forth in the Since Series E and H savings bonds preamble, Title 31, Subtitle B, Chapter Regulations Governing United States and savings notes are no longer being II, Part 353 of the Code of Federal Savings Bonds, Series EE and HH issued they are not being addressed by Regulations is amended as follows: this rule. AGENCY: Bureau of the Public Debt, II. Summary of Amendment PART 353ÐREGULATIONS Fiscal Service, Treasury. GOVERNING UNITED STATES ACTION: Final rule. Section 353.15 of the regulations SAVINGS BONDS, SERIES EE AND HH provides that ‘‘savings bonds are not SUMMARY: This rule amends regulations transferable and are payable only to the 1. The authority citation for Part 353 governing Series EE and HH Savings owners named on the bonds, except as continues to read as follows: Bonds to provide explicitly for the specifically provided in these Authority: 31 U.S.C. 3105 and 5 U.S.C. recognition of Federal asset forfeiture regulations and then only in the manner 301. laws and providing for payment of and to the extent so provided.’’ Section 2. In Subpart E a new section, United States Savings Bonds pursuant 353.5(a) of the regulations states that the § 353.24, is added to read as follows: to Federal judicial or administrative registration of the bonds is conclusive of forfeiture. ownership. Almost all savings bonds are § 353.24 Payment pursuant to judicial or EFFECTIVE DATE: October 15, 1996. issued in either coownership or administrative forfeiture. FOR FURTHER INFORMATION CONTACT: beneficiary form. Section 353.7 provides (a) Definitions. As used in this part: Ed Gronseth, Deputy Chief Counsel, or that a bond in coownership form is (1) Contact point means the Bob Riffle, Attorney-Adviser, Office of registered ‘‘A or B’’ and that a bond in individual designated to receive the Chief Counsel, Bureau of the Public beneficiary form is registered ‘‘A referrals from the Bureau of the Public Debt, at (304) 480–5192. payable on death to B’’ or ‘‘A POD B.’’ Debt, as provided for in this section, by Section 353.35 provides, in part, that the Federal investigative agency, United SUPPLEMENTARY INFORMATION: ‘‘[p]ayment of a savings bond will be States Attorney’s Office, or forfeiting I. Background made to the person or persons entitled agency specified in Public Debt Form under the provisions of these 1522. The Secretary of the Treasury is regulations * * *.’’ Subpart E of Part (2) Forfeiting agency means the authorized under 31 U.S.C. 3105 to 353 sets forth rules for recognition of federal law enforcement agency prescribe the terms and conditions of judicial determinations involving responsible for the forfeiture. savings bonds including, specifically, savings bonds. (3) Forfeiture. restrictions on transfer. The Department This rule makes payment of Series EE (i) Administrative forfeiture means the of the Treasury has promulgated and HH savings bonds pursuant to a process by which property may be regulations in 31 CFR, Subtitle B, that Federal judicial forfeiture or Federal forfeited by a Federal agency rather than set the terms and conditions of savings administrative forfeiture an explicit part through judicial proceedings. bonds. of the terms and conditions of the (ii) Judicial forfeiture means either a Savings bonds are Federal contracts, contract with savings bond investors. civil or a criminal proceeding in a the terms of which are contained in This rule amends Subpart E of the United States District Court that may laws, offering circulars, and other regulations by providing explicitly for result in a final judgment and order of applicable regulations. the recognition of changes in ownership forfeiture. In recent years a number of Federal through Federal forfeiture proceedings. (4) Public Debt Form 1522 means the laws have been enacted providing for written notification of the forfeiture forfeiture of property in certain III. Procedural Requirements provided by the forfeiting agency to the specified situations. This rule amends This final rule does not meet the Bureau of the Public Debt on a Public the regulations governing United States criteria for a ‘‘significant regulatory Debt Form 1522 SPECIAL FORM OF Savings Bonds, Series EE and HH, by action’’, pursuant to Executive Order REQUEST FOR PAYMENT OF UNITED providing explicitly for the recognition 12866. The regulatory review STATES SAVINGS AND RETIREMENT of Federal judicial forfeitures and procedures, therefore, do not apply. SECURITIES WHERE USE OF A Federal administrative forfeitures made Because this rule relates to matters of DETACHED REQUEST IS pursuant to Federal forfeiture laws. public contract, as well as the borrowing AUTHORIZED. Public Debt Form 1522 This rule does not provide for power and fiscal authority of the United must specify: the contact point; the recognition of judicial or administrative States, the notice, public comment, and issue date of each bond; the serial forfeiture orders issued by State or local delayed effective date provisions of the number for each bond; the date of authorities. Administrative Procedure Act are forfeiture; the forfeiture fund to which Series E savings bonds were first inapplicable pursuant to 5 U.S.C. payment is to be made; and be signed issued in 1941; their sale was 553(a)(2). As no notice of proposed by an individual authorized by the terminated in 1979. Series H bonds were rulemaking is required, the provisions forfeiting agency. The forfeited bonds first issued in 1952; their sale was of the Regulatory Flexibility Act, 5 and the completed Public Debt Form terminated in 1979. Series EE and HH U.S.C. 601, et seq., do not apply. There 1522 are to be mailed to the Department bonds were first issued beginning in are no collections of information of the Treasury, Bureau of the Public 1980. Series E savings bonds were required by this final rule, and, Debt, Parkersburg, WV 26106–1328. offered for sale under 31 CFR Part 316; therefore, the Paperwork Reduction Act (b) Forfeiture of bond. (1) Upon Series EE bonds are offered under 31 does not apply. receipt and review of the Public Debt Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Rules and Regulations 53823

Form 1522, as described in (a)(4) above, request for payment, or the authority of contact point named in the Public Debt the Bureau of the Public Debt will make the individual signing the request for Form 1522. payment to the forfeiture fund specified payment. (2) The Bureau of the Public Debt will on the form. (4) The amount paid is limited to the notify the submitter of the inquiry of the (2) The Bureau of the Public Debt will redemption value of the savings bonds referral to the contact point. (3) The Bureau of the Public Debt will record the forfeiture, the forfeiture fund as of the date of forfeiture specified in not investigate the inquiry and will into which the proceeds were paid, the the Public Debt Form 1522. contact point, and any related defer to the forfeiting agency’s information. (c) Inquiry from previous owner. (1) determination of the appropriate course Upon payment made pursuant to (b), all of action, including settlement where (3) The Bureau of the Public Debt will inquiries from the previous owner, appropriate. Any settlement will be paid rely exclusively upon the information including requests for payment, reissue, from the forfeiture fund into which the provided by the Federal agency in the or applications for relief, related to proceeds were deposited. Public Debt Form 1522 and will not forfeited savings bonds will be referred make any independent evaluation of the [FR Doc. 96–26375 Filed 10–11–96; 8:45 am] by the Bureau of the Public Debt to the validity of the forfeiture order, the BILLING CODE 4810±39±P i

Reader Aids Federal Register Vol. 61, No. 200 Tuesday, October 15, 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 Proposed Rules: Public Laws Update Services (numbers, dates, etc.) 523±6641 Ch. VI...... 52664 For additional information 523±5227 Proclamations: Ch. VII...... 52664 6922...... 51205 Presidential Documents 201...... 51791 6923...... 51347 301...... 51376 Executive orders and proclamations 523±5227 6924...... 51767 361...... 51791 The United States Government Manual 523±5227 6925...... 52233 407...... 52717 Other Services 6926...... 52675 997...... 51811 6927...... 52677 998...... 51811 Electronic and on-line services (voice) 523±4534 6928...... 53289 999...... 51811 523±3187 Privacy Act Compilation 6929...... 53291 1214...... 51378, 51391 TDD for the hearing impaired 523±5229 6930...... 53293 1466...... 53574 6931...... 53295 8 CFR ELECTRONIC BULLETIN BOARD 6932...... 53297 6933...... 53301 274...... 52235 Free Electronic Bulletin Board service for Public Law numbers, 6934...... 53591 292...... 53609 Federal Register finding aids, and list of documents on public 6935...... 53593 103...... 53303 inspection. 202±275±0920 Executive Orders: Proposed Rules: FAX-ON-DEMAND 13019...... 51763 312...... 51250 Administrative Orders: You may access our Fax-On-Demand service. You only need a fax 9 CFR Presidential Determinations: machine and there is no charge for the service except for long No. 96±54 of 92...... 52236 distance telephone charges the user may incur. The list of September 28, 94...... 51769 documents on public inspection and the daily Federal Register’s 1996 ...... 52679 102...... 52871 table of contents are available using this service. The document 104...... 52871 numbers are 7050-Public Inspection list and 7051-Table of 5 CFR 105...... 52871 Contents list. The public inspection list will be updated Ch. XIV ...... 51207 113...... 51769 immediately for documents filed on an emergency basis. 550 ...... 51319, 52497, 53490 116...... 52871 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 304...... 53305 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 7 CFR 308...... 53305 public inspection may be viewed and copied in our office located Ch. VI...... 52671 310...... 53305 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand Ch. VII...... 52671 320...... 53305 telephone number is: 301±713±6905 6...... 53002 327...... 53305 12...... 53490 381...... 53305 FEDERAL REGISTER PAGES AND DATES, OCTOBER 90...... 51349 416...... 53305 91...... 51349 417...... 53305 51205±51348...... 1 92...... 51349 Proposed Rules: 51349±51574...... 2 93...... 51349 91...... 52387 94...... 51349 51575±51766...... 3 10 CFR 51767±52232...... 4 95...... 51349 96...... 51349 2...... 53554 52233±52678...... 7 97...... 51349 13...... 53554 52679±52870...... 8 98...... 51349 Proposed Rules: 52871±53034...... 9 271...... 53595 20...... 52388 53035±53302...... 10 272...... 53595 30...... 51835 53303±53590...... 11 274...... 53595 32...... 51835, 52388 53591±53824...... 15 278...... 53595 35...... 52388 301...... 52190, 53601 36...... 52388 319...... 51208 39...... 52388 354...... 53603 40...... 51835 502...... 51210 50...... 51835 920...... 51575 52...... 51835 927...... 52681 60...... 51835 929...... 51353 61...... 51835 931...... 52681 70...... 51835 945...... 51354 71...... 51835 950...... 53606 72...... 51835 958...... 52682 110...... 51835 981...... 53607 150...... 51835 989...... 52684 993...... 51356 11 CFR 1485...... 53303 Proposed Rules: 3010...... 53608 104...... 52901 ii Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Reader Aids

12 CFR Proposed Rules: Proposed Rules: 52882, 53066, 53328, 53624, 310...... 53685 53628, 53633, 53636, 53639 2...... 51777 202...... 52735 330...... 51625 60...... 52865 213...... 52246 206...... 52735 352...... 53340 70...... 51368, 51370 245...... 52875 913...... 51631 81...... 53328, 53639 935...... 52686 22 CFR 31 CFR 86...... 51365 Proposed Rules: 41...... 53058 353...... 53822 89...... 52088 620...... 53331 228...... 53615 90...... 52088 630...... 53331 Proposed Rules: 603...... 51593 356...... 51851 91...... 52088 935...... 52727 Proposed Rules: 180...... 51372 14 CFR 171...... 53158 32 CFR 271...... 52884 605...... 53185 706...... 52879 300 ...... 51373, 52886, 52887, Ch. I ...... 53610 53328 24 CFR 39 ...... 51212, 51357, 52688, 33 CFR 721...... 52287 52876, 53035, 53038, 53040, 1...... 52216 763...... 52703 100...... 52695, 53321 53042, 53044, 53046, 53611, 2...... 52216 Proposed Rules: 53613 8...... 52216 120...... 51597 128...... 51597 52 ...... 51257, 51397, 51631, 71 ...... 51360, 51361, 51362, 42...... 51756 51638, 51651, 51659, 51877, Proposed Rules: 52281, 52282, 52283, 53050 91...... 51756 52401, 52864, 52902, 53163, 100...... 53422, 53344 73...... 53051, 53052 92...... 51756 53166, 53174, 53180, 53692, 165...... 53345, 53346 91...... 51782 103...... 52216 53693, 53694 97 ...... 53053, 53054, 53056 104...... 52216 34 CFR 59...... 52735 440...... 51395 146...... 52216 60...... 52864 Proposed Rules: 180...... 52216 614...... 51783 81...... 53694 Ch. I ...... 51845 252...... 51319 617...... 51783 261...... 51397 25...... 53680 570...... 51756 619...... 51783 271...... 51397 39 ...... 51250, 51255, 51618, 576...... 51546 641...... 51783 281...... 51875 51619, 51621, 51624, 51845, 585...... 52186 Proposed Rules: 302...... 51397 51847, 52394, 53155, 53337, 3500...... 51782 222...... 52564 372...... 51322, 51330 53339, 53683 Proposed Rules: 350...... 53560 71 ...... 51319, 52397, 52398, 42...... 53341 351...... 53560 42 CFR 52689, 52734, 53157 92...... 53341 352...... 53560 57...... 51787 215...... 53341 353...... 53560 412...... 51217 15 CFR 219...... 53341 355...... 53560 413...... 51217, 51611 Ch. VII...... 51395 221...... 53341 357...... 53560 489...... 51217 400...... 53505 236...... 53341 360...... 53560 1003...... 52299 902...... 51213 290...... 53341 607...... 52399 43 CFR 922...... 57577 511...... 53341 608...... 52399 946...... 53307 570...... 53341 609...... 52399 Proposed Rules: 574...... 53341 628...... 52399 2760...... 51666 16 CFR 576...... 53341 636...... 52399 3200...... 52736 24...... 51577 582...... 53341 637...... 52399 3210...... 52736 260...... 53304 583...... 53341 645...... 52399 3220...... 52736 1020...... 52877 585...... 53341 647...... 52399 3240...... 52736 882...... 53341 649...... 52399 3250...... 52736 17 CFR 885...... 53341 650...... 52399 3260...... 52736 232...... 52283 886...... 53341 655...... 52399 3740...... 51667 240...... 52996 889...... 53341 658...... 52399 3810...... 51667 420...... 52498 890...... 53341 660...... 52399 3820...... 51667 906...... 53341 661...... 52399 44 CFR 19 CFR 941...... 53341 669...... 52399 950...... 53341 101...... 51363 62...... 51217 968...... 53341 36 CFR 64...... 51226, 51228 Proposed Rules: 970...... 53341 10...... 51849 Proposed Rules: 45 CFR 983...... 53341 61...... 51536 21 CFR 570...... 51556 1190...... 51397 46...... 51531 572...... 53276 1191...... 51397 79...... 52299 50...... 51498 1386...... 51751 26 CFR 56...... 51498 37 CFR 73...... 51584 1...... 53058 46 CFR Proposed Rules: 177...... 51364 301...... 53058 61...... 52497 1...... 518355 178...... 51587 602...... 53058 108...... 51789 312...... 51498 Proposed Rules: 38 CFR 110...... 51789 314...... 51498 1 ...... 51256, 52902, 53161, 111...... 51789 4...... 52695 355...... 52285 53688 112...... 51789 520...... 52690, 53614 301...... 53161 39 CFR 113...... 51789 522...... 53320 161...... 51789 556...... 53320 27 CFR 111...... 52702, 53321 190...... 52497 558...... 51588, 53615 Proposed Rules: Proposed Rules: 197...... 52497 601...... 51498 55...... 53688 111...... 53280 501...... 51230 808...... 52602 502...... 51230 812...... 51498, 52602 29 CFR 40 CFR 506...... 52704 814...... 51498 270...... 51596 9...... 51365, 52287 514...... 51230 820...... 52602 4044...... 53623 50...... 52852 583...... 51230 1309...... 52287 51...... 52848 1310...... 52287 30 CFR 52 ...... 51214, 51366, 51598, 47 CFR 1313...... 52287 934...... 52691 51599, 51784, 52297, 52865, 1...... 52887 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Reader Aids iii

2...... 52301 428...... 53645 6102...... 52347 174...... 51334 20...... 51233 429...... 536450 Proposed Rules: 175...... 51334 24...... 51233 430...... 53645 1...... 52232, 52998 176...... 51334 25...... 52301 431...... 53645 2...... 52998 177...... 51334 51...... 52706 432...... 53645 3...... 52232 178...... 51334 64...... 52307 433...... 53645 4...... 52232 179...... 51334 68...... 52307 434...... 53645 6...... 52232, 52999 180...... 51334 73 ...... 51789, 52899, 52900, 435...... 53645 8...... 52232, 52844 593...... 51334 53643, 53644 436...... 53645 9...... 52232 1011...... 52710 90...... 52301 437...... 53645 12...... 52232, 52999 1104...... 52710 Proposed Rules: 438...... 53645 13...... 52844 1111...... 52710 Ch. I ...... 53694 439...... 53645 14...... 52232, 52998 1112...... 52710 73...... 53698 440...... 53645 15...... 52998, 52999 1113...... 52710 90...... 51877 441...... 53645 16...... 52232 1114...... 52710 97...... 52767 442...... 53645 19...... 52232 1115...... 52710 443...... 53645 22...... 52232 1121...... 52710 48 CFR 444...... 53645 23...... 52232 Proposed Rules: 401...... 53645 445...... 53645 25...... 52232 383...... 52401 402...... 53645 446...... 53645 27...... 52232 391...... 52401 403...... 53645 447...... 53645 29...... 52232 571...... 51669 404...... 53645 448...... 53645 31...... 52232, 52998 575...... 52769 405...... 53645 449...... 53645 32...... 52232 406...... 53645 450...... 53645 36...... 52232, 52998 50 CFR 407...... 53645 451...... 53645 37...... 52232 408...... 53645 452...... 53645 38...... 52844 SubCh. D ...... 53329 409...... 53645 453...... 53645 42...... 52232 17 ...... 53070, 53089, 53108, 410...... 53645 501...... 51373 45...... 52232 53124, 53130, 53137 411...... 53645 702...... 51234 47...... 52232 216...... 51213 412...... 53645 706...... 51234 49...... 52232 217...... 52370 413...... 53645 715...... 51234 51...... 52844 285...... 53677 414...... 53645 716...... 51234 52 ...... 52232, 52998, 52999 622...... 52715 415...... 53645 722...... 51234, 52497 53...... 52232, 52998 648...... 52384, 52715 416...... 53645 726...... 51234 917...... 53185, 53699 679 ...... 51374, 51789, 52385, 417...... 53645 733...... 51234 950...... 53185, 53699 52716, 53153, 53154, 53679 418...... 53645 737...... 51234 952...... 53185, 53699 Proposed Rules: 419...... 53645 752...... 51234 970...... 53185, 53699 17 ...... 51878, 52402, 53186 420...... 53645 837...... 52709 23...... 52403 421...... 53645 852...... 52709 49 CFR 217...... 52404 422...... 53645 1212...... 53677 106...... 51334 222...... 52404 423...... 53645 1815...... 52325 107...... 51334 229...... 52769 424...... 53645 1816...... 52325 171...... 51235, 51334 424...... 51398 425...... 53645 1852...... 52325 172 ...... 51236, 51238, 51334 648...... 52903 426...... 53645 1870...... 52325 173 ...... 51238, 51241, 51334, 649...... 52903 427...... 53645 6101...... 52347 51495 660...... 51670 iv Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Reader Aids

REMINDERS agency actions; published Federal asset forfeiture AGRICULTURE The items in this list were 9-13-96 laws; payment of U.S. DEPARTMENT editorially compiled as an aid FEDERAL RESERVE Savings Bonds under Natural Resources to Federal Register users. SYSTEM Federal judicial or Conservation Service Inclusion or exclusion from Availability of funds and administrative forfeiture; Federal Agriculture this list has no legal collection of checks published 10-15-96 Improvement and Reform significance. (Regulation CC): TREASURY DEPARTMENT Act of 1996: Technical amendments; Government Securities Act of Conservation provisions; published 5-21-96 1986; large position implementation; public RULES GOING INTO HEALTH AND HUMAN reporting and recordkeeping forums; comments due by EFFECT TODAY SERVICES DEPARTMENT requirements; published 9- 10-22-96; published 10-7- Food and Drug 12-96 96 AGRICULTURE Administration UNITED STATES ARCHITECTURAL AND DEPARTMENT Animal drugs, feeds, and INFORMATION AGENCY TRANSPORTATION related products: Agricultural Marketing Privacy Act; implementation; BARRIERS COMPLIANCE Service Chlortetracycline published 9-30-96 BOARD Okra (frozen); grade Correction; published 10- Americans with Disabilities standards; published 9-12- 15-96 Act; implementation: 96 New drug applications-- COMMENTS DUE NEXT Accessibility guidelines-- Peas, field and black-eye Monensin blocks; WEEK Buildings and facilities; (frozen); grade standards; published 10-15-96 children's facilities; published 9-12-96 HOUSING AND URBAN AGRICULTURE comments due by 10- AGRICULTURE DEVELOPMENT DEPARTMENT 21-96; published 7-22- DEPARTMENT DEPARTMENT Agricultural Marketing 96 Animal and Plant Health Mortgage and loan insurance Service COMMERCE DEPARTMENT Inspection Service programs: Dates (domestic) produced or National Oceanic and Overtime services relating to Multifamily and single family packed in California; Atmospheric Administration imports and exports: nonjudicial foreclosure comments due by 10-24-96; Fishery conservation and procedures; Federal Commuted traveltime published 9-24-96 management: regulatory reform; allowances; published 10- published 9-13-96 Onions (Vidalia) grown in Atlantic sea scallop; 15-96 Georgia; comments due by comments due by 10-21- JUSTICE DEPARTMENT AGRICULTURE 10-24-96; published 9-24-96 96; published 8-29-96 Immigration and DEPARTMENT Peanuts, domestically and CONSUMER PRODUCT Naturalization Service Food Safety and Inspection foreign produced; comments SAFETY COMMISSION Immigration: Service due by 10-24-96; published Hazardous substances: Agreements promising non- 10-4-96 Meat and poultry inspection: deportation or other Fireworks devices; fuse burn Shingle packed bacon; net immigration benefits; AGRICULTURE time; comments due by weight statements; published 9-13-96 DEPARTMENT 10-21-96; published 8-7- labeling requirement Aliens-- Animal and Plant Health 96 removed; published 8-14- Law students and Inspection Service DEFENSE DEPARTMENT 96 graduates; Exportation and importation of Acquisition regulations: AGRICULTURE representation and animals and animal Carbon fiber; comments due DEPARTMENT appearances; published products: by 10-21-96; published 8- Organization, functions, and 10-15-96 Pet birds; importation; 21-96 authority delegations: TRANSPORTATION comments due by 10-21- Federal Acquisition Regulation Finance and management DEPARTMENT 96; published 8-21-96 (FAR): office; CFR part removed; Federal Aviation Viruses, serums, toxins, etc.: Novation and related published 10-15-96 Administration Biological products and agreements; comments COMMODITY FUTURES Airworthiness directives: guidelines; definition; due by 10-21-96; TRADING COMMISSION de Havilland; published 9-9- comments due by 10-22- published 8-21-96 Commodity pool operators and 96 96; published 8-23-96 Grant and agreement Bombardier; published 10-8- regulations: commodity trading advisors: AGRICULTURE 96 Electronic media use; DEPARTMENT Grants and cooperative Piaggio; published 9-9-96 agreements award and interpretation; published 8- Forest Service 14-96 TRANSPORTATION administration; uniform DEPARTMENT Alaska National Interest Lands policies and procedures; FEDERAL Conservation Act; Title VIII COMMUNICATIONS National Highway Traffic comments due by 10-25- Safety Administration implementation (subsistence 96; published 8-26-96 COMMISSION priority); comments due by Motor vehicle safety EDUCATION DEPARTMENT Radio stations; table of 10-25-96; published 8-7-96 assignments: standards: Postsecondary education: AGRICULTURE Lamps, reflective devices, Student assistance general Colorado; published 9-9-96 DEPARTMENT and associated provisions-- New Mexico; published 9-9- equipment-- Farm Service Agency 96 Federal Perkins loan, Motorcycle headlamps; Federal Agriculture Federal work-study, Washington; published 9-9- new photometric Improvement and Reform 96 Federal supplemental requirements; published Act of 1996: educational opportunity FEDERAL DEPOSIT 8-29-96 Conservation provisions; grant, and Federal Pell INSURANCE CORPORATION TREASURY DEPARTMENT implementation; public grant programs; Practice and procedure: Fiscal Service forums; comments due by comments due by 10- Applications for stay or Bonds and notes, U.S. 10-22-96; published 10-7- 21-96; published 9-19- review of bank clearing Treasury: 96 96 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Reader Aids v

ENERGY DEPARTMENT Washington; comments due experience establishment; Airbus; comments due by Acquisition regulations: by 10-23-96; published 9- comments due by 10-24- 10-21-96; published 9-11- Management and operating 23-96 96; published 8-19-96 96 contracts-- Clean Air Act: INTERIOR DEPARTMENT American Champion Aircraft Competition and extension State operating permits Fish and Wildlife Service Corp.; comments due by contract reform initiative; programs-- Alaska National Interest Lands 10-25-96; published 8-28- implementation; Maine; comments due by Conservation Act; Title VIII 96 comments due by 10- 10-21-96; published 9- implementation (subsistence Boeing; comments due by 25-96; published 10-10- 19-96 priority); comments due by 10-24-96; published 8-28- 96 Hazardous waste program 10-25-96; published 8-7-96 96 Competition and extension authorizations: JUSTICE DEPARTMENT Boeing et al.; comments contract reform initiative; New Mexico; comments due Immigration and due by 10-24-96; implementation; by 10-21-96; published 9- Naturalization Service published 9-13-96 correction; comments 19-96 due by 10-25-96; Immigration: Fokker; comments due by Pesticide programs: published 10-15-96 Aliens-- 10-24-96; published 9-13- Pesticides and ground water Conditional residents and 96 ENERGY DEPARTMENT strategy; State fiancees; persons McDonnell Douglas; Federal Energy Regulatory management plan admitted for permanent comments due by 10-24- Commission regulation; comments due residence; status 96; published 9-13-96 Electric utilities (Federal Power by 10-24-96; published 6- adjustment; comments Act): 26-96 due by 10-21-96; Pilatus Britten-Norman; Rate schedules filing-- Risk/benefit information; published 8-20-96 comments due by 10-21- 96; published 8-22-96 Capacity reservation open reporting requirements; JUSTICE DEPARTMENT comments due by 10-21- Raytheon; comments due by access transmission Justice Programs Office tariffs; comments due 96; published 9-20-96 10-21-96; published 8-20- Grants: by 10-21-96; published FEDERAL 96 Indian Tribes program; 7-25-96 COMMUNICATIONS Saab; comments due by 10- violent offender ENVIRONMENTAL COMMISSION 21-96; published 9-11-96 incarceration and truth-in- PROTECTION AGENCY Radio stations; table of sentencing; comments Airworthiness standards: Air pollution; standards of assignments: due by 10-24-96; Special conditions-- performance for new Alabama; comments due by published 9-24-96 stationary sources: Eurocopter Deutschland 10-21-96; published 9-9- JUSTICE DEPARTMENT Nebraska City Power 96 model MBB-BK Station, NE; alternate Americans with Disabilities helicopters; comments Colorado; comments due by Act: opacity standard 10-21-96; published 9-9- due by 10-25-96; rescission; comments due 96 Nondiscrimination on basis published 8-26-96 by 10-24-96; published 9- of disability-- Kansas; comments due by Class C and Class D 24-96 10-21-96; published 9-9- State and local airspace; comments due by Air quality implementation 96 government services; 10-22-96; published 8-22-96 childrens' facilities in plans: Class D airspace; comments FEDERAL DEPOSIT public accomodations Preparation, adoption, and due by 10-25-96; published INSURANCE CORPORATION and commercial submittal-- 9-17-96 Insured State banks; activities facilities; comments due Motorist compliance and investments; comments by 10-21-96; published Class E airspace; comments enforcement due by 10-22-96; published 7-22-96 due by 10-21-96; published mechanisms for pre- 8-23-96 9-17-96 existing programs; Grants: vehicle inspection and FEDERAL TRADE Police Corps program; TRANSPORTATION maintenance program COMMISSION comments due by 10-24- DEPARTMENT requirements; comments Agency information collection 96; published 9-24-96 Federal Highway due by 10-23-96; activities: NATIONAL AERONAUTICS Administration published 9-23-96 Proposed collection; AND SPACE Motor carrier replacement Prevention of significant comment request; ADMINISTRATION information/registration deterioration and comments due by 10-25- Federal Acquisition Regulation system; comments due by nonattainment new 96; published 8-26-96 (FAR): 10-25-96; published 8-26-96 source review; Federal GENERAL SERVICES Novation and related Motor carrier safety standards: regulatory review; ADMINISTRATION agreements; comments comments due by 10- Federal Acquisition Regulation due by 10-21-96; Training of entry-level 21-96; published 7-23- (FAR): published 8-21-96 drivers of commercial 96 motor vehicles; comments PERSONNEL MANAGEMENT Air quality implementation Novation and related due by 10-25-96; OFFICE plans; approval and agreements; comments published 4-25-96 due by 10-21-96; Prevailing rate systems; promulgation; various TRANSPORTATION States: published 8-21-96 comments due by 10-23-96; published 9-23-96 DEPARTMENT New York; comments due HOUSING AND URBAN by 10-21-96; published 9- DEVELOPMENT TRANSPORTATION National Highway Traffic 19-96 DEPARTMENT DEPARTMENT Safety Administration North Carolina; comments Federal Housing Enterprise Federal Aviation Fuel economy standards: due by 10-21-96; Oversight Office Administration Passenger automobiles; low published 9-20-96 Risk-based capital: Airworthiness directives: volume manufacturer Texas; comments due by Stress tests; house price de Havilland; comments due exemptions; comments 10-23-96; published 9-23- index (HPI) use and by 10-21-96; published 9- due by 10-21-96; 96 benchmark loss 11-96 published 9-5-96 vi Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Reader Aids

LIST OF PUBLIC LAWS services. (Oct. 9, 1996; 110 of a hydroelectric project in H.R. 3973/P.L. 104±270 Stat. 3148) the State of Kentucky. (Oct. 9, To provide for a study of the This is a list of public bills H.R. 2501/P.L. 104±249 1996; 110 Stat. 3172) recommendations of the Joint from the 104th Congress To extend the deadline under H.R. 2967/P.L. 104±259 Federal-State Commission on which have become Federal the Federal Power Act To extend the authorization of Policies and Programs laws. It may be used in applicable to the construction the Uranium Mill Tailings Affecting Alaska Natives. (Oct. conjunction with ``P L U S'' of a hydroelectric project in Radiation Control Act of 1978, 9, 1996; 110 Stat. 3301) (Public Laws Update Service) Kentucky, and for other and for other purposes. (Oct. H.R. 4138/P.L. 104±271 on 202±523±6641. The text of purposes. (Oct. 9, 1996; 110 9, 1996; 110 Stat. 3173) laws is not published in the Hydrogen Future Act of 1996 Stat. 3150) H.R. 2988/P.L. 104±260 Federal Register but may be (Oct. 9, 1996; 110 Stat. 3304) ordered in individual pamphlet H.R. 2508/P.L. 104±250 To amend the Clean Air Act H.R. 4167/P.L. 104±272 form (referred to as ``slip Animal Drug Availability Act of to provide that traffic signal laws'') from the 1996 (Oct. 9, 1996; 110 Stat. synchronization projects are Professional Boxing Safety Act Superintendent of Documents, 3151) exempt from certain of 1996 (Oct. 9, 1996; 110 U.S. Government Printing H.R. 2594/P.L. 104±251 requirements of Environmental Stat. 3309) Protection Agency Rules. (Oct. Office, Washington, DC 20402 Railroad Unemployment 9, 1996; 110 Stat. 3175) H.R. 4168/P.L. 104±273 (phone, 202±512±2470). Insurance Amendments Act of Helium Privatization Act of H.R. 657/P.L. 104±241 1996 (Oct. 9, 1996; 110 Stat. H.R. 3068/P.L. 104±261 To accept the request of the 1996 (Oct. 9, 1996; 110 Stat. To extend the deadline under 3161) Prairie Island Indian 3315) the Federal Power Act H.R. 2630/P.L. 104±252 Community to revoke their applicable to the construction S. 1577/P.L. 104±274 To extend the deadline for charter of incorporation issued of three hydroelectric projects To authorize appropriations for commencement of construction under the Indian in the State of Arkansas. (Oct. the National Historical of a hydroelectric project in Reorganization Act. (Oct. 9, 9, 1996; 110 Stat. 3141) Publications and Records the State of Illinois. (Oct. 9, 1996; 110 Stat. 3176) H.R. 680/P.L. 104±242 1996; 110 Stat. 3166) Commission for fiscal years H.R. 3118/P.L. 104±262 1998, 1999, 2000, and 2001. To extend the time for H.R. 2660/P.L. 104±253 Veterans' Health Care (Oct. 9, 1996; 110 Stat. 3321) construction of certain FERC To increase the amount Eligibility Reform Act of 1996 S. 1711/P.L. 104±275 licensed hydro projects. (Oct. authorized to be appropriated (Oct. 9, 1996; 110 Stat. 3177) 9, 1996; 110 Stat. 3142) to the Department of the H.R. 3458/P.L. 104±263 Veterans' Benefits H.R. 1011/P.L. 104±243 Interior for the Tensas River Improvements Act of 1996 National Wildlife Refuge, and Veterans' Compensation Cost- To extend the deadline under (Oct. 9, 1996; 110 Stat. 3322) for other purposes. (Oct. 9, of-Living Adjustment Act of the Federal Power Act 1996; 110 Stat. 3167) 1996 (Oct. 9, 1996; 110 Stat. S. 1802/P.L. 104±276 applicable to the construction 3212) of a hydroelectric project in H.R. 2695/P.L. 104±254 To direct the Secretary of the H.R. 3539/P.L. 104±264 the State of Ohio. (Oct. 9, To extend the deadline under Interior to convey certain 1996; 110 Stat. 3143) the Federal Power Act Federal Aviation property containing a fish and Reauthorization Act of 1996 wildlife facility to the State of H.R. 1014/P.L. 104±244 applicable to the construction of certain hydroelectric (Oct. 9, 1996; 110 Stat. 3213) Wyoming, and for other To authorize extension of time projects in the State of H.R. 3546/P.L. 104±265 purposes. (Oct. 9, 1996; 110 limitation for a FERC-issued Stat. 3352) Pennsylvania. (Oct. 9, 1996; Walhalla National Fish hydroelectric license. (Oct. 9, 110 Stat. 3168) Hatchery Conveyance Act S. 1931/P.L. 104±277 1996; 110 Stat. 3144) H.R. 2700/P.L. 104±255 (Oct. 9, 1996; 110 Stat. 3288) To provide that the United H.R. 1290/P.L. 104±245 To designate the building H.R. 3660/P.L. 104±266 States Post Office and To reinstate the permit for, located at 8302 FM 327, Reclamation Recycling and Courthouse building located at and extend the deadline under Elmendorf, Texas, which Water Conservation Act of 9 East Broad Street, the Federal Power Act houses operations of the 1996 (Oct. 9, 1996; 110 Stat. Cookeville, Tennessee, shall applicable to the construction United States Postal Service, 3290) be known and designated as of, a hydroelectric project in as the ``Amos F. Longoria H.R. 3871/P.L. 104±267 the ``L. Clure Morton United Oregon, and for other Post Office Building''. (Oct. 9, States Post Office and To waive temporarily the purposes. (Oct. 9, 1996; 110 1996; 110 Stat. 3169) Courthouse''. (Oct. 9, 1996; Medicaid enrollment Stat. 3145) 110 Stat. 3354) H.R. 2773/P.L. 104±256 composition rule for certain H.R. 1335/P.L. 104±246 To extend the deadline under health maintenance S. 1970/P.L. 104±278 To provide for the extension the Federal Power Act organizations. (Oct. 9, 1996; National Museum of the of a hydroelectric project applicable to the construction 110 Stat. 3298) American Indian Act located in the State of West of 2 hydroelectric projects in H.R. 3877/P.L. 104±268 Amendments of 1996 (Oct. 9, Virginia. (Oct. 9, 1996; 110 North Carolina, and for other To designate the United 1996; 110 Stat. 3355) Stat. 3146) purposes. (Oct. 9, 1996; 110 States Post Office building Stat. 3170) S. 2085/P.L. 104±279 H.R. 1366/P.L. 104±247 located at 351 West To authorize the extension of H.R. 2816/P.L. 104±257 Washington Street in Camden, To authorize the Capitol Guide time limitation for the FERC- To reinstate the license for, Arkansas, as the ``David H. Service to accept voluntary issued hydroelectric license for and extend the deadline under Pryor Post Office Building''. services. (Oct. 9, 1996; 110 the Mt. Hope Waterpower the Federal Power Act (Oct. 9, 1996; 110 Stat. 3299) Stat. 3358) Project. (Oct. 9, 1996; 110 applicable to the construction H.R. 3916/P.L. 104±269 S. 2100/P.L. 104±280 Stat. 3147) of, a hydroelectric project in To make available certain To provide for the extension Ohio, and for other purposes. H.R. 1791/P.L. 104±248 Voice of America and Radio of certain authority for the (Oct. 9, 1996; 110 Stat. 3171) To amend title XIX of the Marti multilingual computer Marshal of the Supreme Court Social Security Act to make H.R. 2869/P.L. 104±258 readable text and voice and the Supreme Court certain technical corrections To extend the deadline for recordings. (Oct. 9, 1996; 110 Police. (Oct. 9, 1996; 110 relating to physicians' commencement of construction Stat. 3300) Stat. 3359) Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Reader Aids vii

S. 2153/P.L. 104±281 To designate the United States Post Office building located in Brewer, Maine, as the ``Joshua Lawrence Chamberlain Post Office Building'', and for other purposes. (Oct. 9, 1996; 110 Stat. 3360) S.J. Res. 64/P.L. 104±282 To commend Operation Sail for its advancement of brotherhood among nations, its continuing commemoration of the history of the United States, and its nurturing of young cadets through training in seamanship. (Oct. 9, 1996; 110 Stat. 3361) Last List October 10, 1996 viii Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Reader Aids

CFR CHECKLIST Title Stock Number Price Revision Date 60–139 ...... (869–028–00041–0) ...... 30.00 Jan. 1, 1996 140–199 ...... (869–028–00042–8) ...... 13.00 Jan. 1, 1996 This checklist, prepared by the Office of the Federal Register, is 200–1199 ...... (869–028–00043–6) ...... 23.00 Jan. 1, 1996 published weekly. It is arranged in the order of CFR titles, stock 1200–End ...... (869–028–00044–4) ...... 16.00 Jan. 1, 1996 numbers, prices, and revision dates. 15 Parts: An asterisk (*) precedes each entry that has been issued since last 0–299 ...... (869–028–00045–2) ...... 16.00 Jan. 1, 1996 week and which is now available for sale at the Government Printing 300–799 ...... (869–028–00046–1) ...... 26.00 Jan. 1, 1996 Office. 800–End ...... (869–028–00047–9) ...... 18.00 Jan. 1, 1996 A checklist of current CFR volumes comprising a complete CFR set, also appears in the latest issue of the LSA (List of CFR Sections 16 Parts: Affected), which is revised monthly. 0–149 ...... (869–028–00048–7) ...... 6.50 Jan. 1, 1996 150–999 ...... (869–028–00049–5) ...... 19.00 Jan. 1, 1996 The annual rate for subscription to all revised volumes is $883.00 1000–End ...... (869–028–00050–9) ...... 26.00 Jan. 1, 1996 domestic, $220.75 additional for foreign mailing. Mail orders to the Superintendent of Documents, Attn: New Orders, 17 Parts: P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be 1–199 ...... (869–028–00052–5) ...... 21.00 Apr. 1, 1996 accompanied by remittance (check, money order, GPO Deposit 200–239 ...... (869–028–00053–3) ...... 25.00 Apr. 1, 1996 Account, VISA, or Master Card). Charge orders may be telephoned 240–End ...... (869–028–00054–1) ...... 31.00 Apr. 1, 1996 to the GPO Order Desk, Monday through Friday, at (202) 512±1800 18 Parts: from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your charge orders 1–149 ...... (869–028–00055–0) ...... 17.00 Apr. 1, 1996 to (202) 512-2250. 150–279 ...... (869–028–00056–8) ...... 12.00 Apr. 1, 1996 Title Stock Number Price Revision Date 280–399 ...... (869–028–00057–6) ...... 13.00 Apr. 1, 1996 400–End ...... (869–028–00058–4) ...... 11.00 Apr. 1, 1996 1, 2 (2 Reserved) ...... (869–028–00001–1) ...... $4.25 Feb. 1, 1996 19 Parts: 3 (1995 Compilation 1–140 ...... (869–028–00059–2) ...... 26.00 Apr. 1, 1996 and Parts 100 and 141–199 ...... (869–028–00060–6) ...... 23.00 Apr. 1, 1996 1 101) ...... (869–028–00002–9) ...... 22.00 Jan. 1, 1996 200–End ...... (869–028–00061–4) ...... 12.00 Apr. 1, 1996 4 ...... (869–028–00003–7) ...... 5.50 Jan. 1, 1996 20 Parts: 5 Parts: 1–399 ...... (869–028–00062–2) ...... 20.00 Apr. 1, 1996 1–699 ...... (869–028–00004–5) ...... 26.00 Jan. 1, 1996 400–499 ...... (869–028–00063–1) ...... 35.00 Apr. 1, 1996 700–1199 ...... (869–028–00005–3) ...... 20.00 Jan. 1, 1996 500–End ...... (869–028–00064–9) ...... 32.00 Apr. 1, 1996 1200–End, 6 (6 21 Parts: Reserved) ...... (869–028–00006–1) ...... 25.00 Jan. 1, 1996 1–99 ...... (869–028–00065–7) ...... 16.00 Apr. 1, 1996 7 Parts: 100–169 ...... (869–028–00066–5) ...... 22.00 Apr. 1, 1996 0–26 ...... (869–028–00007–0) ...... 22.00 Jan. 1, 1996 170–199 ...... (869–028–00067–3) ...... 29.00 Apr. 1, 1996 27–45 ...... (869–028–00008–8) ...... 11.00 Jan. 1, 1996 200–299 ...... (869–028–00068–1) ...... 7.00 Apr. 1, 1996 46–51 ...... (869–028–00009–6) ...... 13.00 Jan. 1, 1996 300–499 ...... (869–028–00069–0) ...... 50.00 Apr. 1, 1996 52 ...... (869–028–00010–0) ...... 5.00 Jan. 1, 1996 500–599 ...... (869–028–00070–3) ...... 28.00 Apr. 1, 1996 53–209 ...... (869–028–00011–8) ...... 17.00 Jan. 1, 1996 600–799 ...... (869–028–00071–1) ...... 8.50 Apr. 1, 1996 210–299 ...... (869–028–00012–6) ...... 35.00 Jan. 1, 1996 800–1299 ...... (869–028–00072–0) ...... 30.00 Apr. 1, 1996 300–399 ...... (869–028–00013–4) ...... 17.00 Jan. 1, 1996 1300–End ...... (869–028–00073–8) ...... 14.00 Apr. 1, 1996 400–699 ...... (869–028–00014–2) ...... 22.00 Jan. 1, 1996 700–899 ...... (869–028–00015–1) ...... 25.00 Jan. 1, 1996 22 Parts: 900–999 ...... (869–028–00016–9) ...... 30.00 Jan. 1, 1996 1–299 ...... (869–028–00074–6) ...... 36.00 Apr. 1, 1996 1000–1199 ...... (869–028–00017–7) ...... 35.00 Jan. 1, 1996 300–End ...... (869–028–00075–4) ...... 24.00 Apr. 1, 1996 1200–1499 ...... (869–028–00018–5) ...... 29.00 Jan. 1, 1996 23 ...... (869–028–00076–2) ...... 21.00 Apr. 1, 1996 1500–1899 ...... (869–028–00019–3) ...... 41.00 Jan. 1, 1996 1900–1939 ...... (869–028–00020–7) ...... 16.00 Jan. 1, 1996 24 Parts: 1940–1949 ...... (869–028–00021–5) ...... 31.00 Jan. 1, 1996 0–199 ...... (869–028–00077–1) ...... 30.00 May 1, 1996 1950–1999 ...... (869–028–00022–3) ...... 39.00 Jan. 1, 1996 200–219 ...... (869–028–00078–9) ...... 14.00 May 1, 1996 2000–End ...... (869–028–00023–1) ...... 15.00 Jan. 1, 1996 220–499 ...... (869–028–00079–7) ...... 13.00 May 1, 1996 500–699 ...... (869–028–00080–1) ...... 14.00 May 1, 1996 8 ...... (869–028–00024–0) ...... 23.00 Jan. 1, 1996 700–899 ...... (869–028–00081–9) ...... 13.00 May 1, 1996 9 Parts: 900–1699 ...... (869–028–00082–7) ...... 21.00 May 1, 1996 1–199 ...... (869–028–00025–8) ...... 30.00 Jan. 1, 1996 1700–End ...... (869–028–00083–5) ...... 14.00 May 1, 1996 200–End ...... (869–028–00026–6) ...... 25.00 Jan. 1, 1996 25 ...... (869–028–00084–3) ...... 32.00 May 1, 1996 10 Parts: 26 Parts: 0–50 ...... (869–028–00027–4) ...... 30.00 Jan. 1, 1996 §§ 1.0-1–1.60 ...... (869–028–00085–1) ...... 21.00 Apr. 1, 1996 51–199 ...... (869–028–00028–2) ...... 24.00 Jan. 1, 1996 §§ 1.61–1.169 ...... (869–028–00086–0) ...... 34.00 Apr. 1, 1996 200–399 ...... (869–028–00029–1) ...... 5.00 Jan. 1, 1996 §§ 1.170–1.300 ...... (869–028–00087–8) ...... 24.00 Apr. 1, 1996 400–499 ...... (869–028–00030–4) ...... 21.00 Jan. 1, 1996 §§ ...... 500–End ...... (869–028–00031–2) ...... 34.00 Jan. 1, 1996 1.301–1.400 (869–028–00088–6) 17.00 Apr. 1, 1996 §§ 1.401–1.440 ...... (869–028–00089–4) ...... 31.00 Apr. 1, 1996 11 ...... (869–028–00032–1) ...... 15.00 Jan. 1, 1996 §§ 1.441-1.500 ...... (869-028-00090-8) ...... 22.00 Apr. 1, 1996 12 Parts: §§ 1.501–1.640 ...... (869–028–00091–6) ...... 21.00 Apr. 1, 1996 1–199 ...... (869–028–00033–9) ...... 12.00 Jan. 1, 1996 §§ 1.641–1.850 ...... (869–028–00092–4) ...... 25.00 Apr. 1, 1996 200–219 ...... (869–028–00034–7) ...... 17.00 Jan. 1, 1996 §§ 1.851–1.907 ...... (869–028–00093–2) ...... 26.00 Apr. 1, 1996 220–299 ...... (869–028–00035–5) ...... 29.00 Jan. 1, 1996 §§ 1.908–1.1000 ...... (869–028–00094–1) ...... 26.00 Apr. 1, 1996 300–499 ...... (869–028–00036–3) ...... 21.00 Jan. 1, 1996 §§ 1.1001–1.1400 ...... (869–028–00095–9) ...... 26.00 Apr. 1, 1996 500–599 ...... (869–028–00037–1) ...... 20.00 Jan. 1, 1996 §§ 1.1401–End ...... (869–028–00096–7) ...... 35.00 Apr. 1, 1996 600–End ...... (869–028–00038–0) ...... 31.00 Jan. 1, 1996 2–29 ...... (869–028–00097–5) ...... 28.00 Apr. 1, 1996 30–39 ...... (869–028–00098–3) ...... 20.00 Apr. 1, 1996 13 ...... (869–028–00039–8) ...... 18.00 Mar. 1, 1996 40–49 ...... (869–028–00099–1) ...... 13.00 Apr. 1, 1996 14 Parts: 50–299 ...... (869–028–00100–9) ...... 14.00 Apr. 1, 1996 1–59 ...... (869–028–00040–1) ...... 34.00 Jan. 1, 1996 300–499 ...... (869–028–00101–7) ...... 25.00 Apr. 1, 1996 Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Reader Aids ix

Title Stock Number Price Revision Date Title Stock Number Price Revision Date 500–599 ...... (869–028–00102–5) ...... 6.00 4 Apr. 1, 1990 425–699 ...... (869–026–00156–1) ...... 30.00 July 1, 1995 600–End ...... (869–028–00103–3) ...... 8.00 Apr. 1, 1996 700–789 ...... (869–028–00157–2) ...... 33.00 July 1, 1996 *790–End ...... (869–028–00158–7) ...... 19.00 July 1, 1996 27 Parts: 1–199 ...... (869–028–00104–1) ...... 44.00 Apr. 1, 1996 41 Chapters: 200–End ...... (869–028–00105–0) ...... 13.00 Apr. 1, 1996 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 28 Parts: ...... 3–6 ...... 14.00 3 July 1, 1984 1-42 ...... (869–028–00106–8) ...... 35.00 July 1, 1996 7 ...... 6.00 3 July 1, 1984 43-end ...... (869-028-00107-6) ...... 30.00 July 1, 1996 8 ...... 4.50 3 July 1, 1984 3 29 Parts: 9 ...... 13.00 July 1, 1984 3 0–99 ...... (869–028–00108–4) ...... 26.00 July 1, 1996 10–17 ...... 9.50 July 1, 1984 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 100–499 ...... (869–028–00109–2) ...... 12.00 July 1, 1996 3 500–899 ...... (869–028–00110–6) ...... 48.00 July 1, 1996 18, Vol. II, Parts 6–19 ...... 13.00 July 1, 1984 ...... 3 900–1899 ...... (869–028–00111–4) ...... 20.00 July 1, 1996 18, Vol. III, Parts 20–52 13.00 July 1, 1984 19–100 ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1901.1 to 1–100 ...... (869–026–00159–6) ...... 9.50 July 1, 1995 ...... 1910.999) (869–026–00114–6) 33.00 July 1, 1995 101 ...... (869–026–00160–0) ...... 29.00 July 1, 1995 1910 (§§ 1910.1000 to 102–200 ...... (869–028–00161–1) ...... 17.00 July 1, 1996 end) ...... (869–026–00115–4) ...... 22.00 July 1, 1995 201–End ...... (869–026–00162–6) ...... 13.00 July 1, 1995 1911–1925 ...... (869–028–00114–9) ...... 19.00 July 1, 1996 1926 ...... (869–026–00117–1) ...... 35.00 July 1, 1995 42 Parts: 1927–End ...... (869–026–00118–9) ...... 36.00 July 1, 1995 1–399 ...... (869–026–00163–4) ...... 26.00 Oct. 1, 1995 400–429 ...... (869–026–00164–2) ...... 26.00 Oct. 1, 1995 30 Parts: 430–End ...... (869–026–00165–1) ...... 39.00 Oct. 1, 1995 1–199 ...... (869–026–00119–7) ...... 25.00 July 1, 1995 200–699 ...... (869–028–00118–1) ...... 26.00 July 1, 1996 43 Parts: 700–End ...... (869–028–00119–0) ...... 38.00 July 1, 1996 1–999 ...... (869–026–00166–9) ...... 23.00 Oct. 1, 1995 1000–3999 ...... (869–026–00167–7) ...... 31.00 Oct. 1, 1995 31 Parts: 4000–End ...... (869–026–00168–5) ...... 15.00 Oct. 1, 1995 0–199 ...... (869–028–00120–3) ...... 20.00 July 1, 1996 200–End ...... (869–026–00123–5) ...... 25.00 July 1, 1995 44 ...... (869–026–00169–3) ...... 24.00 Oct. 1, 1995 32 Parts: 45 Parts: 1–39, Vol. I ...... 15.00 2 July 1, 1984 1–199 ...... (869–022–00170–7) ...... 22.00 Oct. 1, 1995 1–39, Vol. II ...... 19.00 2 July 1, 1984 200–499 ...... (869–026–00171–5) ...... 14.00 Oct. 1, 1995 1–39, Vol. III ...... 18.00 2 July 1, 1984 500–1199 ...... (869–026–00172–3) ...... 23.00 Oct. 1, 1995 1–190 ...... (869–028–00122–0) ...... 42.00 July 1, 1996 1200–End ...... (869–026–00173–1) ...... 26.00 Oct. 1, 1995 191–399 ...... (869–028–00123–8) ...... 50.00 July 1, 1996 46 Parts: 400–629 ...... (869–026–00126–0) ...... 26.00 July 1, 1995 1–40 ...... (869–026–00174–0) ...... 21.00 Oct. 1, 1995 630–699 ...... (869–028–00125–4) ...... 14.00 5 July 1, 1991 41–69 ...... (869–026–00175–8) ...... 17.00 Oct. 1, 1995 700–799 ...... (869–028–00126–2) ...... 28.00 July 1, 1996 70–89 ...... (869–026–00176–6) ...... 8.50 Oct. 1, 1995 800–End ...... (869–026–00129–4) ...... 22.00 July 1, 1995 90–139 ...... (869–026–00177–4) ...... 15.00 Oct. 1, 1995 140–155 ...... (869–026–00178–2) ...... 12.00 Oct. 1, 1995 33 Parts: 156–165 ...... (869–026–00179–1) ...... 17.00 Oct. 1, 1995 1–124 ...... (869–026–00130–8) ...... 20.00 July 1, 1995 166–199 ...... (869–026–00180–4) ...... 17.00 Oct. 1, 1995 125–199 ...... (869–026–00131–6) ...... 27.00 July 1, 1995 200–499 ...... (869–026–00181–2) ...... 19.00 Oct. 1, 1995 200–End ...... (869–028–00130–1) ...... 32.00 July 1, 1996 500–End ...... (869–026–00182–1) ...... 13.00 Oct. 1, 1995 34 Parts: 47 Parts: 1–299 ...... (869–028–00131–9) ...... 27.00 July 1, 1996 0–19 ...... (869–026–00183–9) ...... 25.00 Oct. 1, 1995 300–399 ...... (869–028–00132–7) ...... 27.00 July 1, 1996 20–39 ...... (869–026–00184–7) ...... 21.00 Oct. 1, 1995 400–End ...... (869–026–00135–9) ...... 37.00 July 5, 1995 40–69 ...... (869–026–00185–5) ...... 14.00 Oct. 1, 1995 35 ...... (869–028–00134–3) ...... 15.00 July 1, 1996 70–79 ...... (869–026–00186–3) ...... 24.00 Oct. 1, 1995 80–End ...... (869–026–00187–1) ...... 30.00 Oct. 1, 1995 36 Parts *1–199 ...... (869–028–00135–1) ...... 20.00 July 1, 1996 48 Chapters: 200–End ...... (869–026–00138–3) ...... 37.00 July 1, 1995 1 (Parts 1–51) ...... (869–026–00188–0) ...... 39.00 Oct. 1, 1995 1 (Parts 52–99) ...... (869–026–00189–8) ...... 24.00 Oct. 1, 1995 37 ...... (869–028–00137–8) ...... 24.00 July 1, 1996 2 (Parts 201–251) ...... (869–026–00190–1) ...... 17.00 Oct. 1, 1995 38 Parts: 2 (Parts 252–299) ...... (869–026–00191–0) ...... 13.00 Oct. 1, 1995 0–17 ...... (869–026–00140–5) ...... 30.00 July 1, 1995 3–6 ...... (869–026–00192–8) ...... 23.00 Oct. 1, 1995 18–End ...... (869–026–00141–3) ...... 30.00 July 1, 1995 7–14 ...... (869–026–00193–6) ...... 28.00 Oct. 1, 1995 15–28 ...... (869–026–00194–4) ...... 31.00 Oct. 1, 1995 39 ...... (869–028–00140–8) ...... 23.00 July 1, 1996 29–End ...... (869–026–00195–2) ...... 19.00 Oct. 1, 1995 40 Parts: 49 Parts: *1–51 ...... (869–028–00141–6) ...... 50.00 July 1, 1996 1–99 ...... (869–026–00196–1) ...... 25.00 Oct. 1, 1995 52 ...... (869–026–00144–8) ...... 39.00 July 1, 1995 100–177 ...... (869–026–00197–9) ...... 34.00 Oct. 1, 1995 53–59 ...... (869–026–00145–6) ...... 11.00 July 1, 1995 178–199 ...... (869–026–00198–7) ...... 22.00 Oct. 1, 1995 60 ...... (869-026-00146-4) ...... 36.00 July 1, 1995 200–399 ...... (869–026–00199–5) ...... 30.00 Oct. 1, 1995 61–71 ...... (869–026–00147–2) ...... 36.00 July 1, 1995 400–999 ...... (869–026–00200–2) ...... 40.00 Oct. 1, 1995 72–85 ...... (869–026–00148–1) ...... 41.00 July 1, 1995 1000–1199 ...... (869–026–00201–1) ...... 18.00 Oct. 1, 1995 86 ...... (869–026–00149–9) ...... 40.00 July 1, 1995 1200–End ...... (869–026–00202–9) ...... 15.00 Oct. 1, 1995 87-135 ...... (869–028–00149–1) ...... 5.00 July 1, 1996 50 Parts: ...... 87–149 (869–026–00150–2) 41.00 July 1, 1995 1–199 ...... (869–026–00203–7) ...... 26.00 Oct. 1, 1995 150–189 ...... (869–026–00151–1) ...... 25.00 July 1, 1995 200–599 ...... (869–026–00204–5) ...... 22.00 Oct. 1, 1995 190–259 ...... (869–028–00152–1) ...... 22.00 July 1, 1996 600–End ...... (869–026–00205–3) ...... 27.00 Oct. 1, 1995 260–299 ...... (869–026–00153–7) ...... 40.00 July 1, 1995 300–399 ...... (869–026–00154–5) ...... 21.00 July 1, 1995 CFR Index and Findings 400–424 ...... (869–028–00155–6) ...... 33.00 July 1, 1996 Aids ...... (869–028–00051–7) ...... 35.00 Jan. 1, 1996 x Federal Register / Vol. 61, No. 200 / Tuesday, October 15, 1996 / Reader Aids

Title Stock Number Price Revision Date Complete 1996 CFR set ...... 883.00 1996 Microfiche CFR Edition: Subscription (mailed as issued) ...... 264.00 1996 Individual copies ...... 1.00 1996 Complete set (one-time mailing) ...... 264.00 1995 Complete set (one-time mailing) ...... 244.00 1994 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period Apr. 1, 1990 to Mar. 31, 1996. The CFR volume issued April 1, 1990, should be retained. 5 No amendments to this volume were promulgated during the period July 1, 1991 to June 30, 1996. The CFR volume issued July 1, 1991, should be retained.