Pages 16565±16764 Vol. 60 3±31±95 No. 62 federal register March 31,1995 Friday issue. Dallas, TX,seeannouncementontheinsidecoverofthis For informationonbriefingsinWashington,DC,and Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995
SUBSCRIPTIONS AND COPIES
PUBLIC Subscriptions: Paper or fiche 202–512–1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512–1806 (not published on Saturdays, Sundays, or on official holidays), by Online: the Office of the Federal Register, National Archives and Records Telnet swais.access.gpo.gov, login as newuser 2 III Contents Federal Register Vol. 60, No. 62 Friday, March 31, 1995 Agricultural Marketing Service Commodity Futures Trading Commission RULES NOTICES Potatoes (Irish) grown in— Contract market proposals: Colorado, 16565–16566 Chicago Board of Trade— PROPOSED RULES Soybean meal; automatic adjustment procedure for Milk marketing orders: locational price differentials, 16626–16627 Paducah, KY, 16589 Meetings; Sunshine Act, 16702 Agriculture Department Cooperative State Research, Education, and Extension See Agricultural Marketing Service Service See Cooperative State Research, Education, and Extension NOTICES Service Meetings: See Forest Service Committee of Nine, 16596 See Grain Inspection, Packers and Stockyards Administration Defense Department See Engineers Corps Alcohol, Tobacco and Firearms Bureau RULES RULES Federal Acquisition Regulation (FAR): Alcohol; viticultural area designations: Contractor selection process; past performance Cucamonga Valley, CA, 16576–16579 information use requirements, 16718–16720 NOTICES Army Department Environmental statements; availability, etc.: See Engineers Corps Ballistic Missile Defense Organization theater missile defense (TMD) program, 16627–16629 Blind or Severely Disabled, Committee for Purchase From Meetings: People Who Are Armed Forces Roles and Missions Commission, 16629– See Committee for Purchase From People Who Are Blind or 16630 Severely Disabled Defense Base Closure and Realignment Commission, 16630 Civil Rights Commission Science Board task forces, 16630 NOTICES Meetings; State advisory committees: Education Department Indiana, 16604 NOTICES North Dakota, 16603 Grants and cooperative agreements; availability, etc.: Utah, 16603 Direct grant and fellowship programs, 16706–16715 National Institute on Disability and Rehabilitation Coast Guard Research— PROPOSED RULES Knowledge dissemination and utilization program, Marine casualties and investigations: 16760–16761 Marine safety investigation process; review Correction, 16703 Employment and Training Administration NOTICES NOTICES Load lines; operating requirements for unmanned barges on Adjustment assistance: Lake Michigan; exemption, 16693–16694 Amerada Hess Corp., 16677 Exxon Co., U.S.A., 16676–16677 Commerce Department Huls America, Inc., 16677 See Foreign-Trade Zones Board Tobin Hamilton Co., Inc., et al., 16675–16676 See International Trade Administration See National Institute of Standards and Technology Employment Standards Administration See National Oceanic and Atmospheric Administration NOTICES Minimum wages for Federal and federally-assisted Committee for Purchase From People Who Are Blind or construction; general wage determination decisions, Severely Disabled 16674–16675 NOTICES Procurement list; additions and deletions, 16624–16626 Energy Department See Energy Information Administration Committee for the Implementation of Textile Agreements See Federal Energy Regulatory Commission NOTICES Cotton, wool, and man-made textiles: Energy Information Administration Fiji, 16622–16623 NOTICES Hungary, 16623–16624 Agency information collection activities under OMB Qatar, 16624 review, 16631–16632 IV Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Contents Engineers Corps Federal Highway Administration NOTICES RULES Meetings: Engineering and traffic operations: Environmental Advisory Board, 16630–16631 Truck size and weight— Longer combination vehicles (LCV’s) and vehicles with two or more cargo-carrying units; restrictions; Environmental Protection Agency correction, 16571 PROPOSED RULES Air quality implementation plans; approval and Federal Maritime Commission promulgation; various States: NOTICES Indiana, 16591–16595 Agreements filed, etc., 16652 NOTICES Agency information collection activities under OMB Federal Reserve System review, 16644–16645 NOTICES Clean Air Act: Meetings; Sunshine Act, 16702 Applications, hearings, determinations, etc.: Acid rain provisions— Brazosport, Corp., 16652 State permits, 16645–16646 Chase Manhattan Corp., 16653 Environmental statements; availability, etc.: Pikeville National Corp. et al., 16653 Agency statements— Comment availability, 16647–16648 Food and Drug Administration Weekly receipts, 16646–16647 RULES Meetings: Animal drugs, feeds, and related products: Sanitary sewer overflows; national technical conference, Sponsor name and address changes— 16648 Pharmacia, Inc., 16570–16571 Toxic and hazardous substances control: Organization, functions, and authority delegations: Chemical testing— Agency organizational structure and headquarters and Conditional exemptions, 16648–16650 field offices addresses, 16567–16570 NOTICES Committees; establishment, renewal, termination, etc.: Federal Aviation Administration Antiviral Drugs Advisory Committee, 16653–16654 RULES Class D airspace, 16566–16567 Foreign-Trade Zones Board NOTICES NOTICES Environmental statements; availability, etc.: Applications, hearings, determinations, etc.: Charlotte/Douglas International Airport, NC, 16696 Tennessee— Miami International Airport, FL, 16695 Siemens Industrial Automation, Inc.; programmable logic controllers, 16604 Federal Communications Commission Forest Service RULES NOTICES Radio stations; table of assignments: Environmental statements; availability, etc.: Colorado, 16585–16586 Sequoia National Forest, CA; California spotted owl; Iowa et al., 16586 meeting, 16601 Texas, 16586 Toiyabe National Forest, NV, 16596–16601 NOTICES Tongass National Forest, AK, 16601 Agency information collection activities under OMB Meetings: review, 16650–16651 Deschutes Provincial Interagency Executive Committee, Common carrier services: 16602 Residential customers; international blocking costs and General Services Administration benefits, 16651–16652 RULES Federal Acquisition Regulation (FAR): Federal Energy Regulatory Commission Contractor selection process; past performance RULES information use requirements, 16718–16720 Electric utilities (Federal Power Act) and Public Utility Grain Inspection, Packers and Stockyards Administration Regulatory Policies Act: NOTICES Federal regulatory review Agency designation actions: Correction, 16567 Iowa, 16602–16603 NOTICES Louisiana and North Carolina, 16602 Hydroelectric applications, 16633–16636 Michigan et al., 16603 Natural Gas Policy Act: Self-implementing transactions, 16636–16644 Health and Human Services Department Applications, hearings, determinations, etc.: See Food and Drug Administration Calpine Power Marketing, Inc., 16632 See Health Resources and Services Administration Pacific Interstate Transmission Co., 16632 See Indian Health Service Tennessee Gas Pipeline Co., 16632 See Inspector General Office, Health and Human Services Wickland Power Services, 16633 Department Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Contents V See National Institutes of Health Internal Revenue Service See Public Health Service RULES NOTICES Income taxes: Agency information collection activities under OMB Capitalization of interest; correction, 16573–16575 review, 16654 Elections, etc., under Deficit Reduction Act of 1984; temporary; correction, 16575–16576 Health Care Financing Administration Intercompany transfer pricing regulations; correction, See Inspector General Office, Health and Human Services 16703 Department Small business stock; treatment of losses; correction, 16575 Health Resources and Services Administration NOTICES International Trade Administration Grants and cooperative agreements; availability, etc.: NOTICES National Health Service Corps loan repayment program Antidumping: and State loan repayment programs, 16654 Antifriction bearings (other than tapered roller bearings) and parts from— Housing and Urban Development Department France, 16608 RULES Racing plates (aluminum horseshoes) from— Mortgage and loan insurance programs: Canada, 16605 Insured affordable multifamily project loans; housing Small business telephone systems and subassemblies finance agency risk-sharing program, 16572–16573 from— Real estate appraisals by staff, fee panel and contract Taiwan, 16606–16607 appraisers; minimum standards and appraisers Sparklers from— selection criteria; correction, 16571–16572 China, 16605–16606 NOTICES Stainless steel angle from— Grants and cooperative agreements; availability, etc.: Japan, 16608–16618 Facilities to assist homeless— Antidumping duty orders and findings: Excess and surplus Federal property, 16657 Intent to revoke, 16604–16605 Cheese quota; foreign government subsidies: Indian Affairs Bureau Quarterly update, 16619–16620 NOTICES Countervailing duty orders: Tribal-State Compacts approval; Class III (casino) gambling: Determinations not to revoke, 16620–16621 Suquamish Tribe, WA, 16764 Intent to revoke, 16620 Swinomish Indian Tribal Community, WA, 16764 Applications, hearings, determinations, etc.: Tulalip Tribes of Washington, 16764 Scripps Research Institute et al., 16618 University of— Indian Health Service California, Berkeley et al., 16618–16619 NOTICES Interstate Commerce Commission Grants and cooperative agreements; availability, etc.: NOTICES Health professions preparatory, pregraduate, and Indian Motor carriers: health scholarship (professions) programs; correction, Compensated intercorporate hauling operations, 16664 16654 Rail carriers: State intrastate rail rate authority— Inspector General Office, Health and Human Services Arkansas, 16664 Department Railroad operation, acquisition, construction, etc.: RULES Hartwell Railroad Co., 16664–16665 Medicaid and medicare programs: Fraud and abuse— Justice Department Civil money penalties for referrals to entities and for See Juvenile Justice and Delinquency Prevention Office prohibited arrangements and schemes, 16580– 16584 Juvenile Justice and Delinquency Prevention Office NOTICES Interior Department Grants and cooperative agreements; availability, etc.: See Indian Affairs Bureau Formula grants; nonparticipating State programs— See Land Management Bureau Kentucky, 16669–16674 See Minerals Management Service Wyoming, 16665–16669 See National Park Service See Reclamation Bureau Labor Department See Surface Mining Reclamation and Enforcement Office See Employment and Training Administration NOTICES See Employment Standards Administration Central Utah Water Conservatory District: See Mine Safety and Health Administration Record of decision— NOTICES Diamond Fork Pipeline construction et al., 16659– Agency information collection activities under OMB 16661 review, 16677–16678 Meetings: Meetings: Exxon Valdez Oil Spill Public Advisory Group, 16661– Trade Negotiations and Trade Policy Labor Advisory 16662 Committee, 16678 VI Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Contents Land Management Bureau National Oceanic and Atmospheric Administration RULES RULES Public land orders: Fishery conservation and management: Idaho, 16585 Bering Sea and Aleutian Islands groundfish, 16587–16588 Wyoming, 16584–16585 Gulf of Alaska groundfish, 16587 NOTICES NOTICES Closure of public lands: Meetings: California, 16658 Gulf of Mexico Fishery Management Council, 16621– Survey plat filings: 16622 Idaho, 16658 Mid-Atlantic Fishery Management Council, 16622 Withdrawal and reservation of lands: North Pacific Fishery Management Council, 16621 Idaho, 16658–16659 Permits: Marine mammals, 16622 Minerals Management Service NOTICES National Park Service Agency information collection activities under OMB RULES review, 16662 National park system: Denali National Park and Preserve, AK; Mount McKinley Mine Safety and Health Administration and Mount Foraker; mountain climbing registration PROPOSED RULES requirements, 16579–16580 Coal mine safety and health: Flame-resistant conveyor belts; requirements for National Science Foundation approval, 16589–16591 NOTICES Meetings: National Aeronautics and Space Administration Anthropological and Geographic Sciences Advisory RULES Panel, 16679–16680 Federal Acquisition Regulation (FAR): Biochemistry and Molecular Structure and Function Contractor selection process; past performance Advisory Panel, 16680 information use requirements, 16718–16720 Biological Sciences Special Emphasis Panel, 16679 Chemical and Transport Systems Special Emphasis Panel, National Capital Planning Commission 16681 NOTICES Cognitive, Psychological and Language Sciences Advisory Environmental statements; availability, etc.: Panel, 16679 Washington, D.C., sports and entertainment arena; DOE/NSF Nuclear Science Advisory Committee, 16680– construction and operation, 16678–16679 16681 Engineering Advisory Committee, 16681 National Credit Union Administration Genetics and Nucleic Acids Advisory Panel, 16680 NOTICES Materials Research Special Emphasis Panel, 16681 Meetings; Sunshine Act, 16702 Neuroscience Advisory Panel, 16680 Physiology and Behavior Advisory Panel, 16681 National Highway Traffic Safety Administration NOTICES Nuclear Regulatory Commission Grants and cooperative agreements; availability, etc.: PROPOSED RULES Child safety seats; agreement between General Motors Fee schedules revision; 100% fee recovery (1995 FY) and Transportation Department for purchase and Correction, 16589 distribution, 16696–16699 NOTICES Motor vehicle safety standards: Environmental statements; availability, etc.: Nonconforming vehicles— Entergy Operations, Inc., 16683–16685 Importation eligibility; determinations, 16669–16700 Meetings: Nuclear Safety Research Review Committee, 16685 National Institute of Standards and Technology Petitions; Director’s decisions: NOTICES Saporito, Thomas J., Jr., 16685 Patent licenses; non-exclusive, exclusive, or partially Reports; availability, etc.: exclusive: Responsiveness to public, 16685–16686 Instrumentation Technology Associates, Inc., 16621 Applications, hearings, determinations, etc.: Advanced Medical Systems, Inc., 16683 National Institutes of Health High-Way Engineering & Survey Co., 16681–16683 NOTICES Meetings: Public Health Service National Institute of Neurological Disorders and Stroke, See Food and Drug Administration 16655 See Health Resources and Services Administration National Library of Medicine, 16655 See Indian Health Service Research Grants Division special emphasis panel, 16654 See National Institutes of Health Patent licenses; non-exclusive, exclusive, or partially RULES exclusive: Medical facility construction and modernization; HIV–1 Nucleocapsid protein (p7nc) capture assay, 16655– requirements for provision of services to persons 16656 unable to pay, 16754–16757 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Contents VII NOTICES See National Highway Traffic Safety Administration Agency information collection activities under OMB See Research and Special Programs Administration review, 16656–16657 NOTICES Medical care: Aviation proceedings: Indian health service— Agreements filed; weekly receipts, 16695 Contract health services; reimbursement rates; Certificates of public convenience and necessity and evaluation and establishment; Portland Pilot foreign air carrier permits; weekly applications, Project; termination date extended, 16657 16694–16695 Reclamation Bureau Treasury Department NOTICES See Alcohol, Tobacco and Firearms Bureau Environmental statements; availability, etc.: See Internal Revenue Service Acreage limitation and water conservation rules and See Thrift Supervision Office regulations, 16662–16664 Research and Special Programs Administration Separate Parts In This Issue NOTICES Meetings: Part II Pipeline Safety Advisory Committees, 16700 Department of Education, 16706–16715 Resolution Trust Corporation Part III NOTICES Department of Defense, General Services Administration, Coastal Barrier Improvement Act; property availability: and National Aeronautics and Space Administration, Sunbow/Sunbow 2 property, CA, 16686 16718–16720 Securities and Exchange Commission Part IV NOTICES Department of the Interior, Office of Surface Mining Self-regulatory organizations; proposed rule changes: Reclamation and Enforcement, 16722–16751 American Stock Exchange, Inc., 16686–16690 National Association of Securities Dealers, Inc., 16690– Part V 16693 Department of Health and Human Services, Public Health Service, 16754–16757 Surface Mining Reclamation and Enforcement Office RULES Part VI Initial and permanent regulatory programs: Department of Education, 16760–16761 Underground mining activities— Permit application requirements and performance Part VII standards, 16722–16751 Department of the Interior, Bureau of Indian Affairs, 16764 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Reader Aids Additional information, including a list of public laws, Thrift Supervision Office telephone numbers, and finding aids, appears in the Reader NOTICES Aids section at the end of this issue. Agency information collection activities under OMB review, 16700–16701 Electronic Bulletin Board Transportation Department Free Electronic Bulletin Board service for Public Law See Coast Guard numbers, Federal Register finding aids, and a list of See Federal Aviation Administration documents on public inspection is available on 202–275– See Federal Highway Administration 1538 or 275–0920. VIII Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Contents CFR PARTS AFFECTED IN THIS ISSUE A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue. 7 CFR 948...... 16565 Proposed Rules: 1099...... 16589 10 CFR Proposed Rules: 170...... 16589 171...... 16589 14 CFR 71...... 16566 18 CFR 385...... 16567 21 CFR 5...... 16567 510...... 16570 23 CFR 658...... 16571 24 CFR 204...... 16571 246...... 16572 266...... 16572 267...... 16571 26 CFR 1 (3 documents) ...... 16573, 16575, 16703 18...... 16575 27 CFR 9...... 16576 30 CFR 701...... 16722 784...... 16722 817...... 16722 843...... 16722 Proposed Rules: 14...... 16589 18...... 16589 75...... 16589 36 CFR 13...... 16579 40 CFR Proposed Rules: 52...... 16591 42 CFR 124...... 16754 1003...... 16580 43 CFR Public Land Orders: 7129...... 16584 7130...... 16585 46 CFR Proposed Rules: 4...... 16703 5...... 16703 47 CFR 73 (3 documents) ...... 16585, 16586 48 CFR 9...... 16718 15...... 16718 42...... 16718 50 CFR 672...... 16587 675...... 16587 16565 Rules and Regulations Federal Register Vol. 60, No. 62 Friday, March 31, 1995 This section of the FEDERAL REGISTER No. 948 (7 CFR part 948), as amended, and approximately 400 producers of contains regulatory documents having general regulating the handling of Irish potatoes Colorado potatoes in the regulatory applicability and legal effect, most of which grown in Colorado. The marketing areas. Small agricultural service firms are keyed to and codified in the Code of agreement and order are authorized by have been defined by the Small Federal Regulations, which is published under the Agricultural Marketing Agreement Business Administration (13 CFR 50 titles pursuant to 44 U.S.C. 1510. Act of 1937, as amended, (7 U.S.C. 601– 121.601) as those having annual receipts The Code of Federal Regulations is sold by 674), hereinafter referred to as the Act. of less than $5,000,000, and small the Superintendent of Documents. Prices of The Department of Agriculture is agricultural producers are defined as new books are listed in the first FEDERAL issuing this rule in conformance with those whose annual receipts are less REGISTER issue of each week. Executive Order 12866. than $500,000. The majority of potato This final rule has been reviewed producers and handlers regulated under under Executive Order 12778, Civil the marketing agreement and order may DEPARTMENT OF AGRICULTURE Justice Reform. This rule is not intended be classified as small entities. to have retroactive effect. This final rule The production area under Marketing Agricultural Marketing Service will not preempt any State or local laws, Order No. 948 is divided into three 7 CFR Part 948 regulations, or policies, unless they regulatory areas. Area No. 1 (Area 1), present an irreconcilable conflict with also called the Western Slope, consists [FV94±948±3FR] this rule. of 17 counties in the western portion of The Act provides that administrative the State of Colorado. Marketing order Irish Potatoes Grown in Colorado; proceedings must be exhausted before regulations are not currently in effect in Reestablishment of Area No. 2 and parties may file suit in court. Under Area 1 because of limited potato Area No. 3 Regulatory Boundaries, and section 608c(15)(A) of the Act, any production. Area No. 2 (Area 2), known Redistribution of Area No. 2 Committee handler subject to an order may file as the San Luis Valley, consists of 9 Representation with the Secretary a petition stating that counties and is located in the southern AGENCY: Agricultural Marketing Service, the order, any provision of the order, or part of the State. Area No. 3 (Area 3), the USDA. any obligation imposed in connection Greeley area, consists of 37 counties ACTION: Final rule. with the order is not in accordance with covering most of the eastern part of the law and request a modification of the State. Producers in Areas 2 and 3 SUMMARY: This rule reestablishes order or to be exempted therefrom. A produce significant quantities of regulatory area boundaries by moving handler is afforded the opportunity for potatoes, and, thus, have active Chaffee County from Area No. 3 to Area a hearing on the petition. After the committees and regulations. No. 2, and combines Chaffee County hearing the Secretary would rule on the Section 948.150, reestablished area with Saguache County for the purpose petition. The Act provides that the committees as administrative agencies of providing Chaffee County with district court of the United States in any for both of the active areas. producer representation on the Area No. district in which the handler is an Section 948.53 provides authority for 2, rather than the Area No. 3, inhabitant, or has his or her principal areas, subdivisions of areas, or Committee. This rule will provide for place of business, has jurisdiction in distribution of representation among the more effective administration of the equity to review the Secretary ruling on subdivision of areas, to be reestablished marketing order and more effective the petition, provided a bill in equity is by the Secretary upon area committee compliance efforts. This rule was filed not later than 20 days after the date recommendations. unanimously recommended by the Area of the entry of the ruling. This final rule (1) reestablishes area No.2 and Area No. 3 Committees, the Pursuant to requirements set forth in boundaries by removing Chaffee County administrative agencies established for the Regulatory Flexibility Act (RFA), the from Area 3 and adding it to Area 2, and these regulatory areas under the Administrator of the Agricultural (2) combines Chaffee County with marketing order for Colorado potatoes. Marketing Service (AMS) has Saguache County for the purpose of EFFECTIVE DATE: March 31, 1995. considered the economic impact of this providing Chaffee County with producer FOR FURTHER INFORMATION CONTACT: final rule on small entities. representation on the Area 2 Committee. Dennis L.West, Northwest Marketing The purpose of the RFA is to fit The Area 2 and Area 3 Committees Field Office, Marketing Order regulatory actions to the scale of met on October 13, 1994, and October Administration Branch, Fruit and business subject to such actions in order 18, 1994, respectively, and each Vegetable Division, AMS, USDA, 1220 that small businesses will not be unduly unanimously recommended this SW third Avenue, room 369, Portland, or disproportionately burdened. reestablishment of boundaries between Oregon 97204–2807; telephone: (503) Marketing orders issued pursuant to the Area 2 and Area 3. The Colorado Potato 326–2724; or Mark A. Slupek, Marketing Act, and rules issued thereunder, are Committee, which consists of Order Administration Branch, Fruit and unique in that they are brought about representatives from both of the area Vegetable Division, AMS, USDA, P.O. through group action of essentially Committees, ratified the Box 96456, room 2523–S, Washington, small entities acting on their own recommendation on November 2, 1994. DC 20090–6456; telephone: (202) 205– behalf. Thus, both statutes have small The Area 2 Committee also 2830. entity orientation and compatibility. unanimously recommended that Chaffee SUPPLEMENTARY INFORMATION: This final There are approximately 120 handlers County be combined with Saguache rule is issued under Marketing of Colorado potatoes who are subject to County for the purpose of providing Agreement No. 97 and Marketing Order regulation under the marketing order Chaffee County with producer 16566 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations representation on the Area 2 Committee, Although this final rule removes Two (2) producers from Rio Grande rather than the Area 3 Committee. Chaffee County from Area 3, regulatory County; The Committees made their language in the newly created section One (1) producer from Chaffee County and recommendations to reestablish 948.153 only references the addition of Saguache County; boundaries after reviewing a request One (1) producer from Conejos County; Chaffee County to Area 2. Section 948.4 Two (2) producers from Alamosa County; from a producer/handler located near currently states that Area 3 includes and One (1) producer from all other counties in Salida, Colorado, a relatively new potato consists of all the remaining counties in Area No. 2; production area in Chaffee County. the State of Colorado which are not Two (2) handlers representing bulk Salida is approximately 250 miles from included in Area 1 or Area 2. Therefore, handlers in Area No. 2; the administrative headquarters of the the addition of Chaffee County to Area Three (3) handlers representing handlers in Area 3 Committee in Greeley, Colorado, 2 automatically removes Chaffee County Area No. 2 other than bulk handlers. but only 65 miles from the from Area 3, with no other * * * * * administrative headquarters of the Area corresponding change needed. 3. A new § 948.153 is added to read 2 Committee in Monte Vista, Colorado. The proposed rule concerning this as follows: There are approximately 115 acres of action was published in the January 30, potatoes grown in Chaffee County. 1995, Federal Register (60 FR 5597), § 948.153 Reestablishment of area. Arable land in Chaffee County is with a 30-day comment period ending Pursuant to § 948.53, Area No. 2 is generally limited to the area around March 1, 1995. No comments were reestablished as follows: Salida. Industry estimates place the received. Area No. 2 (San Luis Valley) includes and potential for additional potato Based on the above, the Administrator consists of the counties of Chaffee, Saguache, production at about 500 acres. of the AMS has determined that this Huerfano, Las Animas, Mineral, Archuleta, The Chaffee County production area action will not have a significant Rio Grande, Conejos, Costilla, and Alamosa, is geographically separated from the rest economic impact on a substantial in the State of Colorado. of Area 3 potato production and is much number of small entities. Dated: March 27, 1995. closer to that of Area 2. Potatoes After consideration of all relevant Sharon Bomer Lauritsen, produced in Chaffee County are matter presented, including the Deputy Director, Fruit and Vegetable Division. marketed similarly to those in Area 2. information and recommendations Potatoes grown in Chaffee County are, [FR Doc. 95–7961 Filed 3–30–95; 8:45 am] submitted by the committees and other BILLING CODE 3410±02±P for example, often marketed through available information, it is hereby found handlers from Area 2, but seldom that this rule, as hereinafter set forth, marketed by Area 3 handlers located will tend to effectuate the declared DEPARTMENT OF TRANSPORTATION outside of Chafee County. policy of the Act. The rule increases the opportunity for Pursuant to 5 U.S.C. 553, it is found Federal Aviation Administration the producers or handlers to serve on an that good cause exists for not area committee by greatly decreasing postponing the effective date of this 14 CFR Part 71 travel time and cost to attend area action until 30 days after publication in Committee meetings. This rule also the Federal Register because: (1) the [Airspace Docket No. 95±AWP±1] enable any Chaffeee County producers Area 2 committee is planning to to be in the same committee area with Amendment of Class D Airspace; conduct its annual nomination meeting Redding, CA handlers who most often handle their on March 31, 1995; and (2) producers production. and handlers are aware of this action, AGENCY: Federal Aviation The rule also modifies the which was recommended at open Administration (FAA), DOT. distribution of producer membership of committee meetings, and need no ACTION: Final rule. the Area 2 Committee to accommodate additional time to prepare for operation the addition of Chaffee County to Area under this rule. SUMMARY: This action amends the Class 2. Saguache County, immediately to the D airspace area at Redding, CA. This south of Chaffee County, currently has List of Subjects in 7 CFR Part 948 action is necessary due the recent one producer representative on the Area Marketing agreements, Potatoes, closures of Enterprise Skypark, CA and 2 Committee. The rule combines Chaffee Reporting and recordkeeping Redding Sky Ranch Airport, CA. This and Saguache Counties as one district requirements. amendment will delete the Redding Sky for the purpose of nominating a For the reasons set forth in the Ranch Airport and Enterprise Skypark producer member to the Area 2 preamble, 7 CFR part 948 is amended as from the Class D airspace area at Committee. The change will continue to follows: Redding, CA. provide balanced representation on the EFFECTIVE DATE: 0901 UTC, July 20, Area 2 Committee, consistent with PART 948ÐIRISH POTATOES GROWN 1995. acreage and production. Chaffee County IN COLORADO handlers also will be represented as the FOR FURTHER INFORMATION CONTACT: Area 2 Committee has five handler 1. The authority citation for 7 CFR Scott Speer, Airspace Specialist, System member positions, two representing part 948 continues to read as follows: Management Branch, AWP–530, Air bulk handlers. Authority: 7 U.S.C. 601–674. Traffic Division, Western-Pacific The close proximity of the Area 2 Region, Federal Aviation 2. In § 948.150, paragraph (a) is Administration, 15000 Aviation administrative office to Chaffee County revised to read as follows: will improve the efficiency of marketing Boulevard, Lawndale, California, 90261, order administration. Marketing order § 948.150 Reestablishment of committee telephone (310) 297–0010. compliance in Chaffee County will be membership. SUPPLEMENTARY INFORMATION: more efficiently administered by the * * * * * Area 2 Administrative Committee office (a) Area No. 2 (San Luis Valley): History because of its proximity to Chaffee Seven producers and five handlers On January 6, 1995, the FAA County. selected as follows: proposed to amend part 71 of the Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16567 Federal Aviation Regulations (14 CFR § 71.1 [Amended] SUPPLEMENTARY INFORMATION: part 71) by amending the Class D 2. The incorporation by reference in Accordingly, the final rule published airspace area at Redding, CA (60 FR 14 CFR 71.1 of the Federal Aviation January 25, 1995, in the Federal 3777). The proposed action was Administration Order 7400.9B, Airspace Register at 60 FR 4831 (FR Doc. 95– necessary due to the closures of Designations and Reporting Points, 1449), is corrected as follows: Enterprise Skypark, and Redding Sky dated July 18, 1994, and effective Ranch Airport, CA. These locations will September 16, 1994, is amended as § 385.713 [Corrected] be deleted from the Class D airspace follows: On page 4860, in the third column, area at Redding, CA. Paragraph 6005 Class D Airspace the amendatory instruction for § 385.713 Interested parties were invited to should be corrected to read as follows: participate in this rulemaking * * * * * 32. In § 385.713, in paragraph (a)(2)(i), proceeding by submitting written AWP CA D Redding, CA [Revised] the phrase ‘‘or, if appropriate under comments on the proposal to the FAA. Redding Municipal Airport, CA Rules 717 and 711, to a revised initial No comments on the proposal were (lat. 40°30′32′′ N, Long. 122°17′36′′ W) decision’’ is removed; in paragraph received. Class D airspace designations That airspace extending upward from the (a)(2)(iv), the phrase ‘‘or revised initial’’ are published in paragraph 5000 of FAA surface to and including 3000 feet MSL Order 7400.9B, dated July 18, 1994, and is removed; and in paragraph (a)(3), the within a 4.3-mile radius of the Redding phrase ‘‘or any revised initial decision effective September 16, 1994, which is Municipal Airport. This Class D airspace area incorporated by reference in 14 CFR is effective during the specific dates and under Rule 717’’ is removed. 71.1. The Class D airspace designation times established in advance by a Notice to Lois D. Cashell, listed in this document will be Airmen. The effective date and time will Secretary. published subsequently in the Order. thereafter be continuously published in the [FR Doc. 95–7899 Filed 3–30–95; 8:45 am] Airport/Facility Directory. BILLING CODE 6717±01±M The Rule * * * * * This amendment to part 71 of the Issued in Los Angeles, California, on Federal Aviation Regulations (14 CFR March 15, 1995. part 71) amends the Class D airspace Richard R. Lien, DEPARTMENT OF HEALTH AND area at Redding, CA by deleting the Manager, Air Traffic Division, Western-Pacific HUMAN SERVICES Redding Sky Ranch Airport and Region. Enterprise Skypark from the Class D [FR Doc. 95–7983 Filed 3–30–95; 8:45 am] Food and Drug Administration airspace area at Redding, CA. BILLING CODE 4910±13±M The FAA has determined that this 21 CFR Part 5 regulation only involves an established Delegations of Authority and body of technical regulations for which DEPARTMENT OF ENERGY frequent and routine amendments are Organization necessary to keep them operationally Federal Energy Regulatory current. Therefore, this regulation—(1) Commission AGENCY: Food and Drug Administration, is not a ‘‘significant regulatory action’’ HHS. under Executive Order 12866; (2) is not 18 CFR Part 385 ACTION: Final rule. a ‘‘significant rule’’ under DOT [Docket No. RM92±12±000] Regulatory Policies and Procedures (44 SUMMARY: The Food and Drug FR 11034; February 26, 1979); and (3) Streamlining of Regulations Pertaining Administration (FDA) is amending the does not warrant preparation of a to Parts II and III of the Federal Power regulations to set forth the current Regulatory Evaluation as the anticipated Act and the Public Utility Regulatory organizational structure of the agency as impact is so minimal. Since this is a Policies Act of 1978; Correction to well as the current addresses for routine matter that will only affect air Order No. 575 headquarters and field offices. This traffic procedures and air navigation, it action is necessary to ensure the is certified that this rule will not have March 24, 1995. accuracy of the regulations. a significant economic impact on a AGENCY: Federal Energy Regulatory substantial number of small entities Commission. EFFECTIVE DATE: March 31, 1995. under the criteria of the Regulatory ACTION: Final rule; correction. FOR FURTHER INFORMATION CONTACT: Flexibility Act. Edna Morgan, Division of Management SUMMARY: On January 13, 1995 (60 FR Systems and Policy (HFA–340), Food List of Subjects in 14 CFR Part 71 4831, January 25, 1995), the Federal and Drug Administration, 5600 Fishers Energy Regulatory Commission issued a Aviation safety, Incorporation by Lane, Rockville, MD 20857, 301–443– final rule amending its regulations to reference, Navigation (air). 4976. streamline the processing the Adoption of the Amendment Commission’s workload and to reduce SUPPLEMENTARY INFORMATION: The In consideration of the foregoing, the regulatory burdens on the electric utility regulations are being amended in 21 Federal Aviation Administration and qualifying facility industries. This CFR 5.100 and 5.115 to reflect the amends 14 CFR part 71 as follows: document corrects an error in an current organizational structure of the amendment to the Commission’s Rules agency and to provide current addresses PART 71Ð[AMENDED] of Practice and Procedure which was for headquarters and for field and 1. The authority citation for part 71 intended to remove the phrase ‘‘or district offices. continues to read as follows: revised initial’’ in Rule 713. Notice and comment on these EFFECTIVE DATE: February 24, 1995. Authority: 49 U.S.C. app. 1348(a), 1354(a), revisions is not necessary under the 1510; E. O. 10854, 24 FR 9565, 3 CFR, 1959– FOR FURTHER INFORMATION CONTACT: Administrative Procedure Act because 1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Lois D. Cashell, Secretary of the this is a rule of agency organization (5 11.69. Commission (202) 208–0400. U.S.C. 553(b)). 16568 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations List of Subjects in 21 CFR Part 5 Policy Development and Coordination Division of Field Science. Authority delegations (Government Staff. Division of Field Investigations. agencies), Imports, Organization and Policy Research Staff. Division of Emergency and functions (Government agencies). International Policy Staff. Epidemiological Operations. Division of Import Operations and Therefore, under the Federal Food, Office of Operations Drug, and Cosmetic Act and under Policy. Office of Biotechnology authority delegated to the Commissioner Office of Criminal Investigations 3 of Food and Drugs, 21 CFR part 5 is Office of Orphan Products Development Northeast Area Office.4 amended as follows: National Center for Toxicological Mid-Atlantic Area Office.3 PART 5ÐDELEGATIONS OF Research 2 Southeast Area Office.5 Midwest Area Office.6 AUTHORITY AND ORGANIZATION Office of the Center Director Southwest Area Office.7 1. The authority citation for 21 CFR Environmental Health and Program Pacific Area Office.8 part 5 continues to read as follows: Assurance Staff. Scientific Coordination Staff. Center for Biologics Evaluation and Authority: 5 U.S.C. 504, 552, App. 2; 7 Research 9 U.S.C. 138a, 2271; 15 U.S.C. 638, 1261–1282, Equal Employment Opportunity Staff. 3701–3711a; secs. 2–12 of the Fair Packaging Technology Advancement Staff. Office of the Center Director and Labeling Act (15 U.S.C. 1451–1461); 21 U.S.C. 41–50, 61–63, 141–149, 467f, 679(b), Office of Planning and Resource Equal Employment and Minority 801–886, 1031–1309; secs. 201–903 of the Management Recruitment Staff. Federal Food, Drug, and Cosmetic Act (21 Planning Staff. Congressional and Public Affairs Staff. U.S.C. 321–394); 35 U.S.C. 156; secs. 301, Financial Management Staff. Scientific Advisors and Consultants 302, 303, 307, 310, 311, 351, 352, 354, 361, Staff. 362, 1701–1706; 2101, 2125, 2127, 2128 of Evaluation Staff. the Public Health Service Act (42 U.S.C. 241, Office of Research Office of Management 242, 242a, 242l, 242n, 243, 262, 263, 263b, Division of Reproductive and Division of Management and Budget. 264, 265, 300u–300u–5, 300aa–1–300aa–25, Division of Scientific and Management 300aa–27, 300aa–28); 42 U.S.C. 1395y, Developmental Toxicology. Information Systems. 3246b, 4332, 4831(a), 10007–10008; E.O. Division of Genetic Toxicology. Division of Administrative 11490, 11921, and 12591; secs. 312, 313, 314 Division of Biochemical Toxicology. Management. of the National Childhood Vaccine Injury Act Division of Nutritional Toxicology. of 1986, Pub. L. 99–660 (42 U.S.C. 300aa–1 note). Division of Biometry and Risk Office of Compliance Assessment. Division of Case Management. 2. Section 5.100 is revised to read as Division of Chemistry. follows: Division of Bioresearch Monitoring and Division of Microbiology. Regulations. § 5.100 Headquarters. Division of Neurotoxicology. Division of Inspection and Surveillance. The central organization of the Food Office of Research Support Office of Therapeutics Research and and Drug Administration consists of the Veterinary Services Staff. Review following: Information Technology Staff. Division of Cytokine Biology. 1 Office of the Commissioner Division of Administrative Services. Division of Cellular and Gene Immediate Office Division of Facilities Engineering and Therapies. Maintenance. Office of the Administrative Law Judge. Division of Hematologic Products. Office of Executive Operations. Office of Regulatory Affairs Division of Monoclonal Antibodies. Division of Clinical Trial Design and Office of Equal Employment Office of the Associate Commissioner Opportunity and Civil Rights. Analysis. Office of Chief Counsel. Contaminants Policy Coordination Staff. Division of Application Review and Office of Internal Affairs. Equal Employment Opportunity Staff. Policy. Strategic Initiatives Staff. Office of External Affairs Office of Vaccines Research and Review Office of AIDS and Special Health Office of Resource Management Division of Allergenic Products and Issues. Division of Planning, Evaluation, and Parasitology. Office of Consumer Affairs. Management. Division of Bacterial Products. Office of Health Affairs. Division of Information Systems. Division of Viral Products. Office of Legislative Affairs. Division of Human Resource Division of Vaccines and Related Office of Public Affairs. Development. Products Applications. Office of Women’s Health. Division of Management Operations. Office of Management and Systems 3 Mailing address: 7500 Standish Pl., rm. 250N, Office of Enforcement Rockville, MD 20855. Office of Planning and Evaluation. 4 Mailing address: 10 Exchange Pl., 18th floor, Office of Management. Division of Compliance Management Jersey City, NJ 07302. Office of Information Resources and Operations. 5 Mailing address: 8525 NW 53d Terrace, suite Management. Division of Compliance Policy. 204, Miami, FL 33166. Division of Medical Products Quality 6 Mailing address: 3 Arboretum 801 Warrenville Office of Policy Assurance. Rd., suite 550, Lisle, IL 60532. 7 Mailing address: 10901 West 84th Terrace, suite Regulations Policy and Management Office of Regional Operations 201, Lenexa, KS 66214–3338. Staff. 8 Mailing address: 4365 Executive Dr., suite 230, Division of Federal-State Relations. San Diego, CA 92122. 1 Mailing address: 5600 Fishers Lane, Rockville, 9 Mailing address: 1401 Rockville Pike, suite MD 20857. 2 Mailing address: Jefferson, AR 72079–9502. 200S, Rockville, MD 20852–1448. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16569 Office of Establishment Licensing and Division of Chemistry II. Office of Health and Industry Programs Product Surveillance Division of Bioequivalence. Division of Device User Programs and Division of Product Quality Control. Division of Labeling and Program Systems Analysis. Division of Veterinary Services. Support. Division of Small Manufacturers Division of Biostatistics and Office of Over-the-Counter Drug Assistance. Epidemiology. Evaluation Division of Mammography Quality and Division of Establishment Licensing. Radiation Programs. Monograph Review Staff. Division of Communication Media. Office of Blood Research and Review OTC Drug Policy Staff. 12 Division of Blood Applications. Medical Review Staff. Office of Surveillance and Biometrics Division of Transfusion Transmitted Division of Biostatistics.14 Office of Research Resources Diseases. Division of Postmarket Surveillance. Division of Hematology. Division of Research and Testing. Division of Surveillance Systems. Division of Biopharmaceutics. Center for Drug Evaluation and Center for Food Safety and Applied Division of Drug Analysis. Research 1 Nutrition 15 Division of Clinical Pharmacology. Office of the Center Director Office of the Center Director Center for Devices and Radiological Pilot Drug Evaluation Staff. Health11 Office of Policy, Planning, and Strategic Advisors and Consultants Staff. Initiatives. Office of the Center Director Professional Development Staff. Office of Programs CDER Executive Secretariat Staff. Office of Management Services Equal Employment Opportunity Staff. Office of Cosmetics and Colors Division of Planning, Evaluation, and Office of Management Information Services. Division of Programs and Enforcement Division of Resource Management. Policy. Division of Drug Information Resources. Division of Science and Applied Division of Information Systems Design. Office of Health Physics11 Technology. Medical Library. Division of Management and Budget. Office of Health and Industry Office of Food Labeling Programs12 Office of Compliance Division of Programs and Enforcement Office of Standards and Regulations11 Division of Drug Quality Evaluation. Policy. Division of Drug Labeling Compliance. Office of Information Systems13 Division of Technical Evaluation. Division of Science and Applied Division of Manufacturing and Product Division of Computer Services. Technology. Quality. Division of Information Resources. Division of Scientific Investigations. Office of Pre-Market Approval Office of Compliance 11 Division of Regulatory Affairs. Division of Product Policy. Office of Drug Evaluation I Division of Program Operations. Division of Petition Control. Division of Health Effects Evaluation. Division of Cardio-Renal Drug Products. Division of Bioresearch Monitoring. Division of Enforcement 1. Division of Molecular Biological Division of Oncology and Pulmonary Research and Evaluation. Drug Products. Division of Enforcement 2. Division of Enforcement 3. Division of Product Manufacture and Division of Neuropharmacological Drug Use. Products. Office of Device Evaluation 12 Division of Medical Imaging, Surgical, Office of Plant and Dairy Foods and and Dental Drug Products. Division of Cardiovascular, Respiratory Beverages and Neurological Devices. Division of Gastrointestinal and Division of Programs and Enforcement Coagulation Drug Products. Division of Reproductive, Abdominal, Ear, Nose, and Throat, and Radiological Policy. Division of Microanalytical Evaluations. Office of Drug Evaluation II Devices. Division of Virulence Assessment. Division of Anti-Infective Drug Division of General and Restorative Division of Pesticides and Industrial Products. Devices. Chemicals. Division of Metabolism and Endocrine Division of Clinical Laboratory Devices. Division of Natural Products. Drug Products. Division of Ophthalmic Devices. Division of Food Processing and Division of Anti-Viral Drug Products. Office of Science and Technology 1 Packaging. Division of Topical Drug Products. Division of Mechanics and Materials Office of Seafood Office of Drug Standards Science. Division of Special Programs. Division of Drug Marketing, Division of Life Sciences. Division of Programs and Enforcement Advertising, and Communications. Division of Physical Sciences. Policy. Office of Epidemiology and Biostatistics Division of Electronics and Computer Division of Science and Applied Science. Technology. Division of Epidemiology and Division of Management, Information, Office of Special Nutritionals Surveillance. and Support Services. Division of Biometrics. Division of Programs and Enforcement Office of Generic Drugs 10 11 Mailing address: 2094 Gaither Rd., Rockville, Policy. MD 20850. Division of Chemistry I. 12 Mailing address: 1350 Piccard Dr., Rockville, 14 Mailing address: 9200 Corporate Blvd., MD 20850. Rockville, MD 20850. 10 Mailing address: 7500 Standish Pl., rm. 150, 13 Mailing address: 2098 Gaither Rd., Rockville, 15 Mailing address: 200 C St. SW., Washington, Rockville, MD 20855. MD 20850. DC 20204. 16570 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations Division of Science and Applied Division of Animal Research. Denver District Office: Bldg. 20, Denver Technology. 3. Section 5.115 is revised to read as Federal Center, Sixth and Kipling Sts., P.O. Box 25087, Denver, CO 80225– Office of Special Research Skills follows: 0087. Division of Toxicological Research. § 5.115 Field Structure. Kansas City District Office: 11630 West Division of Microbiological Studies. 80th St., Lenexa, KS 66214–3340. NORTHEAST REGION Office of Systems and Support St. Louis Branch: 808 North Collins Regional Field Office: 830 Third Ave., Alley, St. Louis, MO 63102. Quality Assurance Staff. Brooklyn, NY 11232. PACIFIC REGION Office of Constituent Operations Northeast Regional Laboratory: 850 Third Ave., Brooklyn , NY 11232. Regional Field Office: Federal Office Consumer Education Staff. New York District Office: 850 Third Bldg., rm. 568, 50 U.N. Plaza, San Legislative Activities Staff. Ave., Brooklyn, NY 11232. Francisco, CA 94102. Industry Activities Staff. Boston District Office: One Montvale San Francisco District Office: Federal International Activities Staff. Ave., Stoneham, MA 02180. Office Bldg., rm. 526, 50 U.N. Plaza, San Office of Field Programs Buffalo District Office: 599 Delaware Francisco, CA 94102. Ave., Buffalo, NY 14202. Los Angeles District Office: 1521 West Division of Enforcement. MID-ATLANTIC REGION Pico Blvd., Los Angeles, CA 90015– Division of HACCP Programs. 2486. Division of Cooperative Programs. Regional Field Office: 900 U.S. Seattle District Office: 22201 23d Dr. Division of Field Program Planning and Customhouse, Second and Chestnut SE., Bothell, WA 98021–4421. Evaluation. Sts., Philadelphia, PA 19106. Dated: March 27, 1995. Office of Management Systems Philadelphia District Office: 900 U.S. Customhouse, Second and Chestnut William B. Schultz, Division of Management Services and Sts., Philadelphia, PA 19106. Deputy Commissioner for Policy. Policy. Baltimore District Office: 900 Madison [FR Doc. 95–7934 Filed 3–30–95; 8:45 am] Division of Planning and Financial Ave., Baltimore, MD 21201. BILLING CODE 4160±01±F Management. Cincinnati District Office: 1141 Central Division of Information Resources Pkwy., Cincinnati, OH 45202–1097. Management. Newark District Office: Waterview 21 CFR Part 510 Division of Administrative Services. Corporate Center, 10 Waterview Blvd., Animal Drugs, Feeds, and Related 3d floor, Parsippany, NJ 07054. Office of Scientific Analysis and Products; Change of Sponsor Name Support SOUTHEAST REGION and Address Division of Mathematics. Regional Field Office: 60 Eighth St. NE., Division of General Scientific Support. AGENCY: Food and Drug Administration, Atlanta, GA 30309. HHS. Division of Market Studies. Southeast Regional Laboratory: 60 ACTION: Final rule. Center for Veterinary Medicine 16 Eighth St. NE., Atlanta, GA 30309. Atlanta District Office: 60 Eighth St. Office of the Center Director SUMMARY: The Food and Drug NE., Atlanta, GA 30309. Administration (FDA) is amending the Office of Management Nashville District Office: 297 Plus Park animal drug regulations to reflect a Division of Program and Information Blvd., Nashville, TN 37217. change of sponsor name and address Systems. New Orleans District Office: 4296 from Kabi Pharmacia, Inc., to Division of Program Communications Elysian Fields Ave., New Orleans, LA Pharmacia, Inc. 70122. and Administrative Management. EFFECTIVE DATE: March 31, 1995. Orlando District Office: 7200 Lake Office of Surveillance and Compliance Ellenor Dr., suite 120, Orlando, FL FOR FURTHER INFORMATION CONTACT: 32809. Benjamin A. Puyot, Center for Division of Compliance. Veterinary Medicine (HFV–130), Food Division of Animal Feeds. San Juan District Office: 466 Fernandez Juncos Ave., San Juan, PR 00901–3223. and Drug Administration, 7500 Standish Division of Surveillance. Pl., Rockville, MD 20855, 301–594– Division of Voluntary Compliance and MIDWEST REGION 1646. Hearings Development. Regional Field Office: 20 North SUPPLEMENTARY INFORMATION: Kabi Office of New Animal Drug Evaluation Michigan Ave., rm. 510, Chicago, IL Pharmacia, Inc., 800 Centennial Ave., Division of Biometrics and Production 60602. Piscataway, NJ 08854, has informed Drugs. Chicago District Office: 300 South FDA of a change of sponsor name and Division of Chemistry. Riverside Plaza, suite 550, South address from Kabi Pharmacia, Inc., to Division of Therapeutic Drugs for Food Chicago, IL 60606. Pharmacia Inc., P.O. Box 16529, Animals. Detroit District Office: 1560 East Columbus, OH 43216–6529. Division of Therapeutic Drugs for Non- Jefferson Ave., Detroit, MI 48207. Accordingly, the agency is amending Food Animals. Minneapolis District Office: 240 the regulations in 21 CFR 510.600(c)(1) Division of Toxicology and Hennepin Ave., Minneapolis, MN and (c)(2) to reflect the change of Environmental Sciences. 55401. sponsor name and address. Office of Science SOUTHWEST REGION List of Subjects in 21 CFR Part 510 Division of Residue Chemistry. Regional Field Office: 3032 Bryan St., Administrative practice and Dallas, TX 75204. procedure, Animal drugs, Labeling, 16 Mailing address: 7500 Standish Pl., Rockville, Dallas District Office: 3032 Bryan St., Reporting and recordkeeping MD 20855. Dallas, TX 75204. requirements. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16571 Therefore, under the Federal Food, DEPARTMENT OF TRANSPORTATION should read ‘‘KY 15 Spur’’; and in the Drug, and Cosmetic Act and under first column under ‘‘Route’’ the entry for authority delegated to the Commissioner Federal Highway Administration Pennyrile should read ‘‘Pennyrile of Food and Drugs and redelegated to Parkway’’; and 23 CFR Part 658 the Center for Veterinary Medicine, 21 3. On page 15216, the amendatory CFR part 510 is amended as follows: [FHWA Docket No. 92±15] language of item number 5.D. for appendix C to Part 658 should read ‘‘In RIN 2125±AD53 the listing for the State of Oregon, PART 510ÐNEW ANIMAL DRUGS Truck Size and Weight; Restrictions on adding at the end a new vehicle ‘Truck- Longer Combination Vehicles and trailer—LCV’, and revising the first 1. The authority citation for 21 CFR Vehicles With Two or More Cargo- reference to US 20 route for a ‘Truck part 510 continues to read as follows: Carrying Units tractor and 3 trailing units—LCV’;’’. Authority: 23 U.S.C. 127 and 315; 49 Authority: Secs. 201, 301, 501, 502, 503, AGENCY: Federal Highway U.S.C. 31111–31115; 49 CFR 1.48(b)(19) and 512, 701, 706, 721 of the Federal Food, Drug, Administration (FHWA), DOT. (c)(19). and Cosmetic Act (21 U.S.C. 321, 331, 351, ACTION: Final rule; technical corrections. Issued on: March 28, 1995. 352, 353, 360b, 371, 376e). Theodore A. McConnell, SUMMARY: This document corrects the amendatory language for appendices A Chief Counsel. 2. Section 510.600 is amended in the and C and the entry for the State of [FR Doc. 95–8103 Filed 3–29–95; 3:20 pm] table in paragraph (c)(1) by removing Kentucky in appendix A of Part 658 in BILLING CODE 4910±22±P the entry for ‘‘Kabi Pharmacia, Inc.,’’ the issue of March 22, 1995, in FR Doc. and alphabetically adding a new entry 95–7074 on pages 15214–15216. The for ‘‘Pharmacia, Inc.,’’ and in the table March 22 document contained DEPARTMENT OF HOUSING AND in paragraph (c)(2) in the entry for corrections to the FHWA’s final rule URBAN DEVELOPMENT ‘‘000016’’ by revising the sponsor name imposing a freeze on the operation of and address to read as follows: longer combination vehicles (LCVs) on Office of the Assistant Secretary for the Interstate System and vehicles with Housing-Federal Housing Commissioner § 510.600 Names, addresses, and drug two or more cargo-carrying units on the National Network (NN), which was labeler codes of sponsors of approved 24 CFR Parts 204 and 267 applications. published on June 13, 1994. EFFECTIVE DATE: March 31, 1995. [Docket No. R±95±1626; FR±3027±C±03] * * * * * FOR FURTHER INFORMATION CONTACT: Mr. RIN 2502±AF25 Thomas Klimek, Office of Motor Carrier (c) * * * Information Management, (202)366– Appraisals and Property Valuation; (1) * * * 2212 or Mr. Charles Medalen, Office of Corrections the Chief Counsel, (202)366–1354, Federal Highway Administration, 400 AGENCY: Office of the Assistant Drug Seventh Street, SW., Washington, DC Secretary for Housing-Federal Housing Firm name and address labeler 20590. Office hours are from 7:45 a.m. Commissioner, HUD. code to 4:15 p.m., e.t., Monday through ACTION: Final rule; Corrections. Friday, except Federal holidays. ***** SUMMARY: On October 3, 1994 (59 FR Pharmacia, Inc., P.O. Box 16529, The FHWA hereby corrects 23 CFR 658 as published on March 22, 1995, in 50456), the Department published in the Columbus, OH 43216±6529 ...... 000016 Federal Register, a final rule that ***** FR Doc. 95–7074 on page 15214–15216 as follows: established minimum standards for real 1. On page 15214, in the amendatory estate appraisals made by staff, fee panel (2) * * * language of item number 4, the second and contract appraisers in determining sentence should read ‘‘The entry for the the maximum insurable mortgage State of Kentucky is revised and the amount in most HUD/FHA single family Drug entry for the State of Virginia is (one-to-four family) and multifamily labeler Firm name and address transactions; and established criteria for code amended by revising the second entry for U.S. 360.’’ ; the selection of appraisers by ***** 2. On pages 15214–15215, in mortgagees. That rule erroneously 000016 Pharmacia, Inc., P.O. Box 16529, appendix A to Part 658 the entry for the revised a nonexistent § 204.3(b), which Columbus, OH 43216±6529 State of Kentucky in the first entry of had previously been removed by the ***** U.S. 23, in the third column under ‘‘to’’ complete revision of 24 CFR part 204 on should read ‘‘US 119 near Jenkins’’; the August 5, 1994 (59 FR 39956). To avoid further confusion, this document Dated: March 21, 1995. second entry of U.S. 23, in the third column under ‘‘to’’ should read ‘‘S. end removes § 204.3(b). The October 3 final rule also added a Robert C. Livingston, U.S. Grant Bridge South Portsmouth’’; the first entry of US 68, in the third new part 267 to title 24 of the Code of Director, Office of New Animal Drug column under ‘‘to’’ should read ‘‘I–24 Federal Regulations. This document Evaluation, Center for Veterinary Medicine. Exit 16’’; the second entry of US 68, in clarifies and corrects cross-references the third column under ‘‘to’’ should contained in §§ 267.3(c)(1) and (c)(2). [FR Doc. 95–7865 Filed 3–30–95; 8:45 am] read ‘‘Green River Parkway Exit 5 EFFECTIVE DATE: December 2, 1994. BILLING CODE 4160±01±F Bowling Green’’; the second entry of KY FOR FURTHER INFORMATION CONTACT: For 15, in the first column under ‘‘Route’’ single family programs: Morris Carter, 16572 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations Director of the Single Family removing the phrase ‘‘paragraph Sharing Program for Insured Affordable Development Division, Room 9270, (c)(3)(iii) of this section.’’, and by Multifamily Project Loans, a program Department of Housing and Urban adding in its place ‘‘paragraph (c)(3) of that was implemented by a December 3, Development, 451 Seventh Street, SW, this section.’’ 1993 interim rule (58 FR 64032). The Washington, DC 20410–8000, telephone, 3. On page 50465, in column one, in preamble to the December 5, 1994 final voice: (202) 708–2720; (TDD) (202) 708– § 267.3, paragraph (c)(2) is corrected by rule stated that 24 CFR part 266 would 4594. (These are not toll-free numbers.) removing the phrase ‘‘paragraph be amended upon publication of the For multifamily programs: Linda (c)(3)(iii) of this section.’’, and by changes made to 24 CFR part 58 (See 59 Cheatham, Director, Office of Insured adding in its place ‘‘paragraph (c)(3) of FR 62517, column one). Multifamily Development, Room 6134, this section.’’ On March 13, 1995 (60 FR 13518) Department of Housing and Urban Dated: March 28, 1995. HUD published an interim rule amending 24 CFR part 58, entitled Development, 451 Seventh Street, SW, Camille E. Acevedo, Washington, DC 20410–8000,, ‘‘Environmental Review Procedures for Assistant General Counsel for Regulations. telephone, voice: (202) 708–3000; (TDD) Recipients Assuming HUD 708–4594. (These are not toll-free [FR Doc. 95–8053 Filed 3–30–95; 8:45 am] Responsibilities.’’ Section 58.1(c)(8) of numbers). BILLING CODE 4210±27±P the March 13, 1995 interim rule adds SUPPLEMENTARY INFORMATION: On August the FHA Multifamily Housing Finance Agency Risk Sharing Pilot Program 5, 1994 (59 FR 39956), the Department Office of the Assistant Secretary for published in the Federal Register a final under section 542(c) of the Housing and HousingÐFederal Housing Community Development Act of 1992 as rule that revised, in its entirety, 24 CFR Commissioner Part 204. With that revision, only one one of the programs and activities for which States and units of general local section (§ 204.1) remained in Part 204. 24 CFR Parts 246 and 266 On October 3, 1994 (59 FR 50456), the government are authorized to assume Department published a final rule [Docket No. R±95±1685; FR±3383±F±04] responsibility of environmental review establishing minimum standards for real (in lieu of HUD). Housing Finance Agency Risk-Sharing estate appraisals made by staff, fee panel Accordingly, § 266.210(b) of the Program for Insured Affordable and contract appraisers in determining December 5, 1994 final rule, which Multifamily Project Loans: Conforming the maximum insurable mortgage identifies environmental reviews as a Amendment amount in most HUD/FHA single family HUD-retained review function, is amended by this final rule to be (one-to-four family) and multifamily AGENCY: Office of Assistant Secretary for consistent with § 58.1(c)(8) of the March transactions; and establishing criteria Housing—Federal Housing 13, 1995 interim rule. for the selection of appraisers by Commissioner, HUD. mortgagees. The October 3 rule ACTION: Final rule; Conforming II. Justification for Final Rule erroneously revised a nonexistent 24 Amendment. In general, the Department publishes CFR 204.3(b). It also added a new part a rule for public comment before issuing SUMMARY: On December 5, 1994, HUD 267 to title 24 of the Code of Federal a rule for effect, in accordance with its published a final rule that finalized the Regulations. own regulations on rulemaking, 24 CFR standards and procedures of the In addition, on December 2, 1994 (59 part 10. However, part 10 does provide Housing Finance Agency Risk-Sharing FR 61800), the Department published a for exceptions from that general rule Program for Insured Affordable correction document to the October 3 where the agency finds good cause to Multifamily Project Loans, first final rule. In the December 2 document, omit advance notice and public § 267.3 was corrected by removing the implemented by a December 3, 1993 participation. The good cause paragraph designations for paragraphs interim rule. requirement is satisfied with prior The purpose of this final rule is to (c)(3)(i), (ii), and (iii) of that section, and public procedure is ‘‘impracticable, make a conforming amendment to the by running the text together to form a unnecessary, or contrary to the public December 5, 1994 final rule that will single paragraph (c)(3). The document interest.’’ (24 CFR 10.1) The Department reflect the assumption of environmental failed, however, to remove two cross- finds that good cause exists to publish review responsibilities by States and references to paragraph (c)(3)(iii), which this rule for effect without first units of general local government as were contained in §§ 267.3(c)(1) and soliciting public comment, in that prior provided in an interim rule published (c)(2). public procedure is unnecessary and by HUD on March 13, 1995. The purpose of this document is to contrary to the public interest. In the correct errors made in the October 3, DATES: May 1, 1995. December 5, 1994 final rule, the public 1994 final rule by removing the revision FOR FURTHER INFORMATION CONTACT: was advised that this amendment would to § 204.3(b), and by amending § 267.3 Jane Luton, Acting Director, Policies be made to the HFA Risk Sharing rule to remove cross-references contained in and Procedures Division, Office of as soon as the changes to part 58 were §§ 267.3(c)(1) and (c)(2). Insured Multifamily Housing made. This rule is also technical in Accordingly, FR Doc. 94–24327, a Development, Room 6116, (202) 708– nature, since it makes a conforming final rule published in the Federal 2556. Hearing- and speech-impaired amendment to part 266 to make it Register on October 3, 1994 (59 FR persons may call (202) 708–4594. (The consistent with the recently issued 50456), is corrected as follows: above listed telephone numbers are not changes to part 58. Additionally, it is § 204.3 [Amended] toll-free.) contrary to public interest to first seek 1. On page 50464, in column one, SUPPLEMENTARY INFORMATION: public comment before issuing this rule for effect because it is in the interest of amendatory instruction 6. and § 204.3(b) I. Background are removed. the HFA Risk Sharing Program, and the On December 5, 1994 (59 FR 52514), participants and beneficiaries thereof, to § 267.3 [Amended] HUD published a final rule that be able to utilize as soon as possible the 2. On page 50465, in column one, in finalized the standards and procedures amended environmental review § 267.3, paragraph (c)(1) is corrected by of the Housing Finance Agency Risk- procedures of part 58. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16573 III. Other Matters In accordance with the reasons set FOR FURTHER INFORMATION CONTACT: Jan forth in the preamble, 24 CFR part 266 L. Skelton, (202) 622–4970 (not a toll- Impact on the Environment is amended as follows: free number). A Finding of No Significant Impact with respect to the environment was PART 266ÐHOUSING FINANCE SUPPLEMENTARY INFORMATION: made in accordance with HUD AGENCY RISK±SHARING PROGRAM Background regulations at 24 CFR part 50 that FOR INSURED AFFORDABLE The final regulations that are the implement section 102(2)(C) of the MULTIFAMILY PROJECT LOANS subject of these corrections are under National Environmental Policy Act of 1. The authority citation for part 266 section 263A(f) of the Internal Revenue 1969, 42 U.S.C. 4332, in connection continues to read as follows: Code. with the HFA Risk Sharing final rule. That Finding of No Significant Impact Authority: 12 U.S.C. 1707; 42 U.S.C. Need for Correction 3535(d). remains applicable to this technical As published, the final regulations confirming rule, and is available for 2. In § 266.201, paragraph (b) is contains errors that are misleading and public inspection and copying during revised to read as follows: in need of correction. regular business hours (7:30 a.m. to 5:30 p.m.) in the Office of the Rules Docket § 266.210 HUD-retained review functions. Correction of Publication Clerk, room 10276, 451 Seventh Street, * * * * * Accordingly, the publication of final SW, Washington, DC 20410–0500. (b) Environmental review regulations which is the subject of FR requirements. To determine compliance Federalism Impact Doc. 94–31431, is corrected as follows: with the requirements of the National 1. On page 67190, column 1, in the The General Counsel, as the Environmental Policy Act of 1969 and preamble following the paragraph Designated Official under section 6(a) of related laws and authorities, the HUD heading ‘‘In General’’, second full Executive Order 12612, Federalism, has Field Office (or other responsible entity paragraph, eighth line from the bottom determined that the policies contained through such delegation as may be in of the paragraph, the word ‘‘that’’ is in this rule do not have significant effect by regulation hereafter) will visit corrected to read ‘‘than’’. impact on States or their political each project site proposed for insurance 2. On page 67190, column 1, in the subdivisions since the requirements of under this part and prepare the preamble following the paragraph the rule are limited to technical applicable environmental reviews as set heading ‘‘In General’’, second full amendments necessary to carry out forth in 24 CFR part 50 (or as set forth paragraph, sixth line from the bottom of accurately the provisions of programs in 24 CFR part 58 for the other the paragraph, the word ‘‘for’’ is whose regulations were not amended in responsible entity). These requirements corrected to read ‘‘under’’. the original Consolidated Plan rule. must be completed before HUD may 3. On page 67190, column 2, in the Impact on the Family issue the firm approval letter. preamble following the paragraph * * * * * The General Counsel, as the heading ‘‘Accounts Payable and Dated: March 28, 1995. Simplification Rule for Tracing’’, third Designated Official under Executive Nicolas P. Retsinas, Order 12606, The Family, has full paragraph, line 8, the language Assistant Secretary for Housing-Federal ‘‘expenditures for all property. IRS and’’ determined that this rule does not have Housing Commissioner. potential for significant impact on is corrected to read ‘‘expenditures for all [FR Doc. 95–8054 Filed 3–30–95; 8:45 am] family formation, maintenance, and property. The IRS and’’. general well-being, and, thus is not BILLING CODE 4210±27±M 4. On page 67191, column 1, in the subject to review under the Order since preamble following the paragraph it is only a technical, confirming rule. heading ‘‘Notional Principal Contracts’’, line 1, the word ‘‘principle’’ is corrected Impact on Small Entities DEPARTMENT OF THE TREASURY to read ‘‘principal’’. 5. On page 67192, in the preamble The Secretary, in accordance with the Internal Revenue Service Regulatory Flexibility Act (5 U.S.C. following the paragraph heading ‘‘Land 605(b)), has reviewed this rule before 26 CFR Part 1 Attributable to Benefitted Property’’, publication and by approving it certifies line 11 from the top of column 1, the that this rule will not have a significant [TD 8584] word ‘‘on’’ is corrected to read ‘‘of’’. impact on a substantial number of small 6. On page 67192, column 3, in the preamble following the paragraph entities, because it imposes no new RIN 1545±AK03 burdens on jurisdictions. heading ‘‘Utilities—Construction Work Capitalization of Interest; Correction in Process’’, paragraph 2, line 7, the Regulatory Agenda language ‘‘FAS’’ is corrected to read This rule was not listed in the AGENCY: Internal Revenue Service (IRS), ‘‘SFAS’’. Department’s Semiannual Regulatory Treasury. 7. On page 67195, column 1, in the Agenda published on November 14, ACTION: Correction to final regulations. preamble following the paragraph 1994 (59 FR 57632, 57641), under heading ‘‘In General’’, paragraph 2, line Executive Order 12866 and the SUMMARY: This document contains 1, the date ‘‘August 17, 1998’’ is Regulatory Flexibility Act. corrections to the final regulations [TD corrected to read ‘‘August 17, 1988’’. 8584] which were published in the 8. On page 67195, column 2, in the List of Subjects in 24 CFR Part 266 Federal Register for Thursday, preamble following the paragraph Aged, Fair housing, December 29, 1994 (59 FR 67187). The heading ‘‘Consolidated Return Interest Intergovernmental relations, Mortgage final regulations relate to the Rule’’, first full paragraph, line 5 from insurance, Low and moderate income requirement to capitalize interest with the bottom of the paragraph, the housing, Reporting and recordkeeping respect to the production of property. language ‘‘interest intragroup debt, but requirements. EFFECTIVE DATE: January 1, 1995. at the same’’ is corrected to read 16574 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations ‘‘interest on intragroup debt, but at the 3, the language ‘‘meaning of section rate is contingent—If’’ is corrected to same’’. 460(e)(6)(A) with’’ is corrected to read read ‘‘nontraced debt or rate is 9. On page 67195, in the preamble ‘‘meaning of section 460(e)(6)(A)) with’’. contingent. If’’. following the paragraph heading 14. On page 67199, column 3, 21. On page 67202, column 2, ‘‘Comments on Related Person Rules’’, § 1.263A–8, paragraph (d)(2)(v)(B), line § 1.263A–9, paragraph (c)(6), paragraph line 4 from the top of column 3, the 5, section ‘‘460(d)(1)(B)(i)’’ is corrected (ii) of Example 2., line 9, the language language ‘‘Rev. Proc.’’ is corrected to to read ‘‘460(e)(1)(B)(i)’’. ‘‘([$1,400,000¥$1,000,000)+’’ is read ‘‘Notice’’. § 1.263A±9 [Corrected] corrected to read § 1.263A±0 [Corrected] 15. On page 67200, column 3, ‘‘([($1,400,000¥$1,000,000)+’’ 10. On page 67197, column 1, § 1.263A–9, paragraph (b)(2), line 7 from 22. On page 67202, column 2, § 1.263A–0, the contents entry for the bottom of the paragraph, the § 1.263A–9, in the paragraph heading of § 1.263A–9(g)(6) is corrected to read as language ‘‘the rules of § 1.163–8T paragraph (c)(7), line 3, the period is follows: Traced debt also’’ is corrected to read removed. ‘‘the rules of § 1.63–8T. Traced debt § 1.263A±0 Outline of regulations under 23. On page 67202, column 3, also’’. § 1.263A–9, paragraph (c)(7)(ii)(A), line section 263A. 16. On page 67200, column 3, * * * * * 3, the word ‘‘expenditures’’ is corrected § 1.263A–9, in the paragraph heading of to read ‘‘expenditure’’. § 1.263A–9 The avoided cost method. paragraph (c)(1), line 2, the word ‘‘Rule’’ is corrected to read ‘‘rule’’. 24–25. On page 67203, column 1, * * * * * § 1.263A–9, paragraph (e)(1), line 11, the (g) * * * 17. On page 67200, column 3, (6) Notional principal contracts and other § 1.263A–9, paragraph (c)(1) word ‘‘trade’’ is corrected to read derivatives. [Reserved] introductory text, last line in the ‘‘trace’’. * * * * * column, the word ‘‘production’’ is 26. On page 67203, column 1, corrected to read ‘‘product’’. § 1.263A–9, paragraph (e)(2), line 7, the § 1.263A±8 [Corrected] 18. On page 67201, column 1, language ‘‘$10,000,000 gross receipts 11. On page 67198, column 2, § 1.263A–9, paragraph (c)(3), paragraph test for all’’ is corrected to read § 1.263A–8, paragraph (b)(2)(iii), line 3, (i) of Example., line 12, the language ‘‘$10,000,000 gross receipts test) and the # the language ‘‘the thresholds under ‘‘$1,000,000 (loan ). The loan is taxpayer has met the $10,000,000 gross paragraphs’’ is corrected to read ‘‘the nontraced’’ is corrected to read receipts for all’’. classification thresholds under ‘‘$1,000,000 (loan #1). The loan is 27. On page 67203, column 1, paragraphs’’. nontraced’’. 12. On page 67198, column 3, 19. On page 67201, column 2, § 1.263A–9, in the paragraph heading of § 1.263A–8, paragraph (c)(1), last line of § 1.263A–9, paragraph (c)(5)(i)(B), in the paragraph (f), line 3, the period is the paragraph, the language Example., line 6, the figure ‘‘$2,500,00’’ removed. ‘‘windowpanes.)’’ is corrected to read is corrected to read ‘‘$2,500,000’’. 28. On page 67204, § 1.263A–9, ‘‘windowpanes).’’. 20. On page 67202, column 1, paragraph (f)(3), paragraph (i) of 13. On page 67199, column 3, § 1.263A–9, in paragraph (c)(5)(iii)(D), Example 3., line 2 of the table is § 1.263A–8, paragraph (d)(2)(v)(B), line line 2, the language ‘‘nontraced debt or corrected to read as follows: Annual rate Period out- Use of pro- No. Principal (percent) standing ceeds ******* 2 ...... 2,000,000 11 6/01±12/31 Nontraced. 29. On page 67204, column 1, ‘‘[$135,000+$108,000]), $75,000 is 36. On page 67207, column 2, § 1.263A–9, paragraph (f)(3), paragraph deferred’’. § 1.263A–9, paragraph (g)(5)(iii), (v) of Example 3., last line, the language 33. On page 67205, column 3, paragraph (i) of Example., the last line ‘‘$500,000+$1,000,000+$1,600,000+4).’’ § 1.263A–9, paragraph (g)(2)(v), of the paragraph, the language ÷ × is corrected to read paragraph (ii) of Example 1., line 6, the ‘‘([$600,000 $6,000,000] 5,000,000).’’ is ‘‘$500,000+$1,000,000+ language ‘‘is 11.6 percent corrected to read ÷ × $1,600,000]+4).’’. ([$135,000×$108,000]÷’’ is corrected to ‘‘($600,000 $6,000,000 $5,000,000).’’. 30. On page 67205, column 2, read ‘‘is 11.6 percent § 1.263A±10 [Corrected] § 1.263A–9, the paragraph designated ([$135,000+$108,000]÷’’. (g)(2)(iv)(c) is correctly designated 34. On page 67206, column 3, 37. On page 67207, column 3, the paragraph (g)(2)(iv)(C). § 1.263A–9, paragraph (g)(3)(iii)(E), in section heading designated ‘‘§ 1.263– 31. On page 67205, column 2, the Example., line 7 from the bottom of 10’’ is correctly designated ‘‘§ 1.263A– § 1.263A–9, paragraph (g)(2)(v), line 4, the column, the letter ‘‘S’’ is corrected 10’’. the word ‘‘provisions’’ is corrected to to read ‘‘X’’. 38. On page 67209, column 1, read ‘‘provision’’. 35. On page 67206, column 3, § 1.263A–10, paragraph (b)(5)(iv), the 32. On page 67205, column 3, § 1.263A–9, paragraph (g)(3)(iii)(E), in first line of column 1, the word § 1.263A–9, paragraph (g)(2)(v), the Example., line 3 from the bottom of ‘‘period’’ is corrected to read ‘‘periods’’. paragraph (i) of Example 1., line 2 from the column, the language ‘‘segment is 3- 39. On page 67209, column 2, the bottom of the paragraph, the year inventory. Under paragraph’’ is § 1.263A–10, paragraph (b)(6), language ‘‘[$135,000×$108,000]), corrected to read ‘‘segment is 3-year old paragraph (ii) of Example 3., line 7, the $75,000 is deferred’’ is corrected to read inventory. Under paragraph’’. word ‘‘lost’’ is corrected to read ‘‘lot’’. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16575 40. On page 67209, column 2, this’’ is corrected to read ‘‘the meaning (2) * * * § 1.263A–10, paragraph (b)(6), of paragraph (c)(2)(i) of this’’. (i) * * * The amount received for paragraph (ii) of Example 3., line 8, the Cynthia E. Grigsby, designated stock shall not exceed word ‘‘paragraph’’ is corrected to read Chief, Regulations Unit, Associate Chief $1,000,000 less amounts received— ‘‘paragraphs’’. Counsel (Corporate). (A) In exchange for stock in years 41. On page 67209, column 2, [FR Doc. 95–7857 Filed 3–30–95; 8:45 am] prior to the transitional year; (B) As contributions to capital in § 1.263A–10, paragraph (b)(6), BILLING CODE 4830±01±P paragraph (ii) of Example 3., line 6 from years prior to the transitional year; and (C) As paid-in surplus in years prior the bottom of the paragraph, the to the transitional year. language ‘‘paragraph (b)(5) of this 26 CFR Part 1 * * * * * section. Under’’ is corrected to read [TD 7837] ‘‘paragraph (b)(5) of this section). Cynthia E. Grigsby, Under’’. Income Tax; Taxable Years Beginning Chief, Regulations Unit, Assistant Chief 42. On page 67210, column 1, After December 31, 1953; Treatment of Counsel (Corporate). § 1.263A–10, paragraph (b)(6), in Losses on Small Business Stock; [FR Doc. 95–7969 Filed 3–30–95; 8:45 am] Example 6., line 7, the language ‘‘the Correction BILLING CODE 4830±01±P costs of the allocable share of swimming’’ is corrected to read ‘‘the AGENCY: Internal Revenue Service (IRS), costs of the allocable share of the Treasury. 26 CFR Part 18 swimming’’. ACTION: Correcting amendments. [TD 7976] § 1.263A±11 [Corrected] SUMMARY: This document contains a Certain Elections Under the Deficit correction to final regulations [TD 7837] 43. On page 67211, column 1, Reduction Act of 1984; Correction which were published in the Federal § 1.263A–11, paragraph (c)(2), line 3, the Register for Wednesday, September 29, AGENCY: Internal Revenue Service, regulation section ‘‘§ 1,263A–8(d)(2)(ii)’’ 1982 (47 FR 42728). The final Treasury. is corrected to read ‘‘1.263A–8(d)(2)(ii)’’. regulations restate and clarify a formula ACTION: Correcting amendment. 44. On page 67211, column 1, relating to the computation of the § 1.263A–11, paragraph (d)(1), line 23, amount received for designated stock by SUMMARY: This document contains a the language ‘‘or units of production, If a small business corporation. correction to the temporary regulations an asset used’’ is corrected to read ‘‘or (TD 7976), which were published in the EFFECTIVE DATE: March 31, 1995. units of production. If an asset used’’. Federal Register on Monday, September FOR FURTHER INFORMATION CONTACT: 45. On page 67211, column 2, 10, 1984 (49 FR 35486), relating to the § 1.263A–11, paragraph (e)(1)(ii) Christina Vasquez, (202) 622–7190 (not time and manner of making certain introductory text, line 2, the language ‘‘a a toll-free number). elections under the Deficit Reduction unit of real property’’ is corrected to SUPPLEMENTARY INFORMATION: Act of 1984. read ‘‘a unit of real property—’’. Background EFFECTIVE DATE: March 31, 1995. 46. On page 67211, column 3, FOR FURTHER INFORMATION CONTACT: § 1.263A–11, paragraph (e)(1)(iii), line 4, The final regulations that are the Cynthia Grigsby, (202) 622–7180 (not a the word ‘‘the’’ is corrected to read subject of these correcting amendments toll-free call). ‘‘that’’. are under section 1244 of the Internal Revenue Code of 1954. SUPPLEMENTARY INFORMATION: 47. On page 67211, column 3, § 1.263A–11, paragraph (e)(2), line 5, the Need for Correction Background language ‘‘property costs are excluded As published, the final regulations The temporary regulations that are the from the’’ is corrected to read ‘‘property contains an error that is misleading and subject of this correction are under costs) are excluded from the’’. in need of correction. various sections of the Internal Revenue Code of 1954 and the Deficit Reduction § 1.263A±12 [Corrected] List of Subjects in 26 CFR Part 1 Act of 1984 (98 Stat. 494). 48. On page 67212, column 3, Income taxes, Reporting and Need for Correction § 1.263A–12, paragraph (d)(4), line 3, recordkeeping requirements. the word ‘‘example’’ is corrected to read As published, TD 7976 contains an Accordingly, 26 CFR Part 1 is ‘‘examples’’. error which may prove to be misleading corrected by making the following and is in need of clarification. 49. On page 67212, column 3, correcting amendments: § 1.263A–12, paragraph (e)(2) List of Subjects in 26 CFR Part 18 introductory text, line 1, the word PART 1ÐINCOME TAXES ‘‘THe’’ is corrected to read ‘‘The’’. Income taxes, Reporting and Paragraph 1. The authority citation recordkeeping requirements. § 1.263A±13 [Corrected] for Part 1 continues to read in part as Accordingly, 26 CFR part 18 is 50. On page 67213, column 3, follows: corrected by making the following § 1.263A–13, paragraph (a), line 2 from Authority: 26 U.S.C. 7805 * * *. correcting amendment: the bottom of the paragraph, the Par. 2. Section 1.1244(c)–2(b)(2)(i) is language ‘‘and costs of features based on PART 18ÐTEMPORARY INCOME TAX amended by revising the last sentence as the’’ is corrected to read ‘‘and costs of REGULATIONS UNDER THE follows: common features based on the’’. SUBCHAPTER S REVISION ACT OF 1982 51. On page 67214, column 3, § 1.1244(c)±2 Small business corporation § 1.263A–13, paragraph (c)(7), paragraph defined. Paragraph 1. The authority citation (ii) of Example., line 2, the language * * * * * for part 18 continues to read in part as ‘‘the meaning of paragraph (c)(2)(i)) of (b) * * * follows: 16576 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations Authority: 26 U.S.C. 7805 * * *. establishment of definite American bonded wineries within the proposed Par. 2. Section 18.0 is revised to read viticultural areas. The regulations also area, and approximately 2,000 acres are as follows: allow the name of an approved planted to wine grapes. The petitioner viticultural area to be used as an notes ‘‘the area’s great history and § 18.0 Effective date of temporary appellation of origin in the labeling and heritage of wine growing and regulations under the Subchapter S advertising of wine. winemaking is truly more impressive Revision Act of 1982. On October 2, 1979, ATF published than the number of acres currently The temporary regulations provided Treasury Decision ATF–60 (44 FR farmed.’’ under §§ 18.1361–1, 18.1377–1, 56692) which added a new part 9 to 27 The petition was also signed by Philo 18.1379–1, and 18.1379–2 are effective CFR, providing for the listing of Biane of Rancho de Philo Winery, Rene´ with respect to taxable years beginning approved American viticultural areas. Biane of Guasti Plaza, Don Galleano of after 1982, and the temporary Section 4.25a(e)(1), Title 27, CFR, Galleano Winery, Paul Hofer III of Hofer regulations provided under § 18.1378–1 defines an American viticultural area as Ranch, LeAnn Smothers of the City of are effective with respect to elections a delimited grape-growing region Rancho Cucamonga, and Jeff Wilson, of made after October 19, 1982. distinguishable by geographical Inland Empire West Resource Cynthia E. Grigsby, features, the boundaries of which have Conservation District. been delineated in subpart C of part 9. Chief, Regulations Unit, Assistant Chief Notice of Proposed Rulemaking Counsel (Corporate). Section 4.25a(e)(2) outlines the [FR Doc. 95–7970 Filed 3–30–95; 8:45 am] procedure for proposing an American In response to Mr. Filippi’s petition, BILLING CODE 4830±01±P viticultural area. Any interested person ATF published a notice of proposed may petition ATF to establish a grape- rulemaking, Notice No. 802, in the growing region as a viticultural area. Federal Register on December 2, 1994 Bureau of Alcohol, Tobacco and The petition should include: (59 FR 61853), proposing the Firearms (a) Evidence that the name of the establishment of the Cucamonga Valley proposed viticultural area is locally viticultural area. The notice requested 27 CFR Part 9 and/or nationally known as referring to comments from all interested persons by [TD ATF±362; Re: Notice No. 802] the area specified in the petition; January 31, 1995. (b) Historical or current evidence that RIN 1512±AA07 the boundaries of the viticultural area Comments on Notice of Proposed are as specified in the petition; Rulemaking Cucamonga Valley Viticultural Area (c) Evidence relating to the ATF received 15 letters of comment (94F±011P) geographical features (climate, soil, and copies of several newspaper articles AGENCY: Bureau of Alcohol, Tobacco elevation, physical features, etc.) which and a newspaper editorial concerning and Firearms (ATF), Department of the distinguish the viticultural features of the proposal to establish the Cucamonga Treasury. the proposed area from surrounding Valley viticultural area. All commenters areas; expressed their support for establishing ACTION: Final rule, Treasury decision. (d) A description of the specific the Cucamonga Valley viticultural area SUMMARY: This final rule establishes a boundaries of the viticultural area, as proposed in Notice No. 802. viticultural area in San Bernardino and based on features which can be found Commenters included growers and Riverside Counties, California, to be on United States Geological Survey other local business owners, consumers, known as ‘‘Cucamonga Valley.’’ The (U.S.G.S.) maps of the largest applicable and government officials. petition was filed by Gino L. Filippi of scale; and The Honorable James L. Brulte, State J. Filippi Vintage Co. on behalf of (e) A copy of the appropriate U.S.G.S. Assembly Republican Leader, wrote to himself and other growers and wineries map(s) with the boundaries prominently support recognition of Cucamonga in the area. marked. Valley as a viticultural area. The ATF believes that the establishment of Petition Honorable Fred Aguiar, State viticultural areas and the subsequent Assemblyman for the Sixty-first ATF received a petition from Gino L. use of viticultural area names as assembly district, endorsed the Filippi of J. Filippi Vintage Co. appellations of origin in wine labeling establishment of Cucamonga Valley proposing to establish a viticultural area and advertising allows wineries to viticultural area and wrote further: in San Bernardino and Riverside designate the specific areas where the Counties, California, to be known as Our region has a long and distinguished grapes used to make the wine were ‘‘Cucamonga Valley.’’ The viticultural history in the winegrowing industry and it is grown and enables consumers to better highly appropriate that this area be area is located in southern California, identify the wines they purchase. recognized for such a distinction. about 45 miles east of the city of Los EFFECTIVE DATE: May 1, 1995. Angeles. It contains approximately The San Bernardino County Board of FOR FURTHER INFORMATION CONTACT: 109,400 acres. The petitioner states that Supervisors adopted a resolution which Marjorie D. Ruhf, Wine, Beer and Spirits wine grapes, probably the mission read, in part, as follows: Regulations Branch, Bureau of Alcohol, variety, were first planted in the ** * RESOLVED that the Board of Tobacco and Firearms, 650 Cucamonga Valley in 1839 or 1840, Supervisors of the County of San Bernardino, Massachusetts Avenue, NW., ‘‘undoubtedly one of the first large State of California, hereby recognizes the Washington, DC 20226 (202–927–8230). plantings of grapes in California.’’ efforts of the local wineries and supports the designation of ‘‘CUCAMONGA VALLEY’’ in SUPPLEMENTARY INFORMATION: According to the petitioner the wine industry in the Cucamonga Valley grew advertising and on the labels of wines produced in this vicinity. Background during the late nineteenth and early On August 23, 1978, ATF published twentieth centuries, reaching ‘‘its peak The Honorable William J. Alexander, Treasury Decision ATF–53 (43 FR in the 1940’s and 1950’s with over 60 Mayor of Rancho Cucamonga, wrote: 37672, 54624) revising regulations in 27 wineries producing from approximately I would like to express our support in CFR part 4. These regulations allow the 35,000 acres.’’ Today, there are five establishing the Cucamonga Valley as a Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16577 viticulture area. The City of Rancho Historical Commission discussed The viticultural area includes the area Cucamonga takes great pride in the fact that designation of the Galleano Winery as a described above and the valley drained the grape vineyards and the wineries of our landmark. The letter makes several by the Cucamonga Creek to the south of area contributed so much to the early history references to the Cucamonga Valley, this alluvial fan. These areas share of the region. For this reason, a grape cluster characteristics of topography, soil has a prominent focus in both the City’s seal mentioning locations within the and logo. proposed area such as Rancho composition and climate which Cucamonga, Fontana, Ontario and Mira distinguish the viticultural area from the Allyn B. Scheu of Scheu Loma. surrounding areas. The petitioner Manufacturing Company wrote that the provided the following evidence of the designation ‘‘will help consumers to Evidence of Boundaries area’s distinctiveness: identify the origins of the wines they As evidence that the boundaries for Topography buy and will recognize the Cucamonga the area are as specified in the petition, area’s rich heritage of wine production.’’ the previously cited excerpt from The The U.S.G.S. topographic maps Charles L. Keagle, a restauranteur, also Wines of America, by Leon D. Adams, submitted by the petitioner show the supported the designation and wrote states that the vineyard area of the viticultural area slopes gradually from that ‘‘the history of the area, America’s Cucamonga Valley ‘‘extends from 2,000 feet at the northern boundary to first, goes back over 100 years.’’ Ontario east to Fontana and from the 560 feet at the southern boundary. The Columnist Garry Greenberg of the base of the San Gabriel Mountains petitioner describes the San Gabriel Victorville, California Daily Press, sent southward to the Jurupa Hills in mountains to the north of the proposed in a copy of his September 15, 1994 Riverside County.’’ The San Gabriel area as ‘‘a great wall, from 8,000 to column which reported on the filing of Mountains form the northern boundary 10,000 feet high.’’ The Jurupa the petition, and described the of the proposed area, and the Jurupa Mountains to the southeast of the area Cucamonga Valley area as ‘‘the home of Hills form the eastern part of the offer another contrast as they rise the largest winemaking industry in the southern boundary. The towns of steeply from the valley floor to form part world a century ago.’’ Mr. Greenberg Fontana and Ontario are both within the of the southern boundary. The balance also sent in the text of a column which area. of the southern boundary, the 560 foot he planned to publish in January 1995, ′ contour line, was chosen because the encouraging readers to write in support The petitioner used the 560 elevation area at lower elevations was poorly of the proposed area. line as the western portion of the drained and was traditionally used for The petitioner mailed in a clipping of southern boundary. He states the area dairy farming; furthermore, the nearby an editorial from the Inland Valley Daily south of that elevation has poor Prado Dam is scheduled to be raised, so Bulletin of December 30, 1994, which drainage and is mainly used for dairy the area to the south of the 560 foot concluded: farming. contour line will be flooded. In support of Euclid Avenue as the There are 122 viticultural regions in the Soil United States, and 69 of them are in western boundary for the viticultural California. The next one should be in area, the petitioner gave historical According to the petitioner, the soil in California also, in the ‘‘Cucamonga Valley.’’ information. He stated that the area west the viticultural area is ‘‘alluvial valley of Euclid Avenue ‘‘was subjected to floors, fans and terraces * * * derived Evidence of Name flooding from the San Antonio Canyon. from granitic rock from the San Gabriel Evidence that the name Cucamonga In the 1940’s several flood control formation in the north.’’ He further Valley is locally and/or nationally construction projects began to solve the states that the wine grape vineyards in known as referring to the viticultural problem. Historically, agriculture in this the region are ‘‘found to be located on area includes: area (Upland, CA) was citrus (lemons Delhi, Hanford, Tujunga, Gorgonio and (a) Leon D. Adams, in The Wines of and oranges).’’ He stated that citrus trees Hilmar soil series’’ and ‘‘most vineyards America, describes the Cucamonga were grown there because there was a are nearly level to moderately sloping Valley as follows: good water source and better drainage (0–15°).’’ The Cucamonga Valley, forty-five miles than within the viticultural area to the The General Soil Map for east of Los Angeles, has grown the bulk of east of Euclid Avenue. southwestern San Bernardino County Southern California wine during the present The eastern boundary, made up of describes these associations as very century. The vineyard area extends from Lytle Creek Wash, Warm River, and the deep, ‘‘dominantly brownish soils that Ontario east to Fontana and from the base of Santa Ana River, marks a shift in the are coarse textured throughout’’ and the San Gabriel Mountains southward to the type of soil and the ability of the soils ‘‘somewhat excessively drained to Jurupa Hills in Riverside County. The excessively drained.’’ On this map, the climate, though tempered by winds from the to drain. These characteristics will be discussed in detail in the background eastern boundary in particular is ocean, is as warm as the northern San distinguished by a change in the soil Joaquin Valley and is classed as Region IV. material on soils. composition to the Hanford-Greenfield- (b) An article published in The Sun, Geographical Features San Emigdio association, finer textured a San Bernardino, California, and less well drained than the soils newspaper, on March 30, 1994, titled The petitioner describes the viticultural area as follows: within the proposed area. The ‘‘Fontana winery soaks up more mountainous areas to the north and awards,’’ described awards won by two Cucamonga Valley is an east-west oriented southeast of the viticultural area have wines from J. Filippi Vintage Co. at a valley. The San Gabriel mountains form the shallower soils over granite, schist and valley’s northern boundary. The San Antonio recent competition and stated that the sandstone. ‘‘Ruby Port is produced from Creek, Cucamonga Creek, Deer Creek, Day Creek, San Sevaine Creeks, from west to east Climate Cucamonga Valley grapes, renown for respectively, spread out to form alluvial fans sherry and port wines.’’ as they descend the foothills and emerge in The petitioner states that the climate (c) A letter dated August 20, 1991, the Cucamonga Plain. These fans contain in the area is ‘‘well-suited for viticulture from the San Bernardino County sand and silt deposits that create a rich ** *. There are relatively few nights Archives to the Riverside County mixture of fertile soil. below freezing in the winter and 16578 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations summer days can be very hot, reaching requirements are imposed. Accordingly, (10) ‘‘Corona North, Calif.,’’ 1967, temperatures over 100 degrees a regulatory flexibility analysis is not photorevised 1981. Fahrenheit.’’ The climate is classed as required. (c) Boundary. The Cucamonga Valley Region IV, with a heat summation in the viticultural area is located in San Paperwork Reduction Act 3,501 to 4,000 degree F. range. The Bernardino and Riverside Counties, petitioner states this corresponds to the The provisions of the Paperwork California. The boundary is as follows: Ukiah, Davis and Lodi areas of Reduction Act of 1980, Public Law 96– (1) The beginning point is the California, and is warmer than the Santa 511, 44 U.S.C. Chapter 35, and its intersection of Euclid Avenue and 24th Barbara, Santa Rosa and Santa Maria implementing regulations, 5 CFR part Street on the Mt. Baldy, Calif. U.S.G.S. areas to the north and the Temecula and 1320, do not apply to this final rule map; Rancho California areas to the south. because no requirement to collect (2) From the beginning point, the information is imposed. boundary follows 24th Street east for Boundary Drafting Information approximately 0.3 mile, until it reaches The boundary of the Cucamonga the intersection of 24th Street with two Valley viticultural area may be found on The principal author of this document unnamed light-duty streets to the north; ten United States Geological Survey is Marjorie D. Ruhf, Wine, Beer and (3) The boundary then diverges from (U.S.G.S.) maps with a scale of 1:24000. Spirits Regulations Branch, Bureau of 24th Street and goes straight north for The boundary is described in § 9.150. Alcohol, Tobacco and Firearms. approximately 0.3 mile, until it reaches List of Subjects in 27 CFR Part 9 the 2,000 foot contour line; Miscellaneous (4) The boundary then follows the ATF does not wish to give the Administrative practices and 2,000 foot contour line in a generally impression by approving the procedures, Consumer protection, easterly direction across the Cucamonga Cucamonga Valley viticultural area that Viticultural areas, and Wine. Peak, Calif., U.S.G.S. map and onto the it is approving or endorsing the quality Authority and Issuance Devore, Calif., U.S.G.S. map until it of wine from this area. ATF is approving Title 27, Code of Federal Regulations, reaches Lytle Creek Wash; this area as being distinct from part 9, American Viticultural Areas, is (5) The boundary follows the surrounding areas, not better than other amended as follows: intermittent stream in Lytle Creek Wash areas. By approving this area, ATF will in a southeasterly direction to the end allow wine producers to claim a PART 9ÐAMERICAN VITICULTURAL of the intermittent stream on the Devore, distinction on labels and advertisements AREAS Calif., U.S.G.S. map; as to origin of the grapes. Any (6) The boundary then continues commercial advantage gained can only Paragraph 1. The authority citation through Lytle Creek Wash, proceeding come from consumer acceptance of for part 9 continues to read as follows: southeast in a straight line from the end wines from Cucamonga Valley. Authority: 27 U.S.C. 205. of the intermittent stream, across the southwest corner of the San Bernardino Executive Order 12866 Par. 2. Subpart C is amended by adding § 9.150 to read as follows: North, Calif., U.S.G.S. map and onto the It has been determined that this rule San Bernardino, South, Calif., U.S.G.S. is not a significant regulatory action Subpart CÐApproved American map, to the northernmost point of the because: Viticultural Areas flood control basin at the end of the (1) It will not have an annual effect on Lytle Creek Wash, a distance of the economy of $100 million or more or * * * * * approximately 4.3 miles; adversely affect in a material way the § 9.150 Cucamonga Valley. (7) The boundary then proceeds in a economy, a sector of the economy, straight line south-southeast across the (a) Name. The name of the viticultural productivity, competition, jobs, the flood control basin to the point where area described in this section is environment, public health or safety, or Lytle Creek Channel exits the basin; ‘‘Cucamonga Valley.’’ (8) The boundary continues along State, local or tribal governments or (b) Approved maps. The appropriate Lytle Creek Channel until it empties communities; maps for determining the boundary of (2) Create a serious inconsistency or into Warm Creek; the Cucamonga Valley viticultural area otherwise interfere with an action taken (9) The boundary then follows Warm are the following ten U.S.G.S. or planned by another agency; Creek until it meets the Santa Ana topographical maps (7.5 minute series (3) Materially alter the budgetary River; 1:24000 scale): (10) The boundary then follows the impact of entitlements, grants, user fees (1) ‘‘Mt. Baldy, Calif.,’’ 1967, western edge of the Santa Ana River in or loan programs or the rights and photorevised 1988. obligations of recipients thereof; or (2) ‘‘Cucamonga Peak, Calif.,’’ 1966, a generally southwesterly direction until (4) Raise novel legal or policy issues photorevised 1988. it meets the San Bernardino—Riverside arising out of legal mandates, the (3) ‘‘Devore, Calif.,’’ 1966, County line; President’s priorities, or the principles photorevised 1988. (11) The boundary follows the county set forth in Executive Order 12866. (4) ‘‘San Bernardino North, Calif.,’’ line west, crossing onto the Guasti, Calif., U.S.G.S. map, until it reaches the Regulatory Flexibility Act 1967, photorevised 1988. (5) ‘‘Ontario, Calif.,’’ 1967, unnamed channel between Etiwanda It is hereby certified that this photorevised 1981. and Mulberry Avenues (identified by regulation will not have a significant (6) ‘‘Guasti, Calif.,’’ 1966, the petitioner as Etiwanda Creek economic impact on a substantial photorevised 1981. Channel); number of small entities. Any benefit (7) ‘‘Fontana, Calif.,’’ 1967, (12) The boundary then follows derived from the use of a viticultural photorevised 1980. Etiwanda Creek Channel in a southerly area name is the result of the (8) ‘‘San Bernardino South, Calif.,’’ direction until it parallels Bain Street; proprietor’s own efforts and consumer 1967, photorevised 1980. (13) The boundary then diverges from acceptance of wines from a particular (9) ‘‘Prado Dam, Calif.,’’ 1967, Etiwanda Creek Channel and follows area. No new recordkeeping or reporting photorevised 1981. Bain Street south until it ends at Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16579 Limonite Avenue in the northeast register, but may do so as late as the day in 1994. Studies by the NPS showed corner of the Corona North, Calif., they depart for the mountain. that the major reason climbers got into U.S.G.S. map; DATES: This rule is effective March 31, trouble on the mountain and required (14) The boundary then continues 1995. Expiration date: Section 13.63(f) rescue was their unfamiliarity with the south in a straight line until it reaches will expire on March 31, 1997, unless hazards unique to Mount McKinley. the northern shore of the Santa Ana amended or revised by future Specifically, extreme weather River; rulemaking. However, written conditions, their changeability, and the (15) The boundary then follows the comments will be accepted until May other hazards associated with climbing north shore of the Santa Ana River until 30, 1995. in such northerly latitudes caught the it intersects the 560 foot contour line in ADDRESSES: Comments should be climbers unprepared. The NPS Section 1 T3S/R7W; directed to: Superintendent, PO Box 9, determined that climbers need better (16) The boundary then follows the Denali National Park, AK 99755. education and information prior to their ′ 560 contour line to the north of the FOR FURTHER INFORMATION CONTACT: climbs and that an appropriate time Santa Ana River in a generally westerly Steve Martin, Acting Superintendent, frame was necessary to convey this direction until it reaches Euclid Avenue Denali National Park and Preserve, P.O. information to the climbing community. on the Prado Dam, Calif., U.S.G.S. map; Box 9, Denali National Park, AK 99755. Climbers from 22 countries registered to (17) The boundary then follows climb Mount McKinley in 1990. With so Euclid Avenue north to the point of SUPPLEMENTARY INFORMATION: many climbers seeking permits, beginning. Background adequate lead time required to fulfill the requests lengthens. The 60 day pre- Signed: March 1, 1995. Denali National Park was first registration period will provide Daniel R. Black, established as Mt. McKinley National sufficient opportunity for the Denali Acting Director. Park on February 26, 1917. A separate park staff to provide the necessary Approved: March 9, 1995. Denali National Monument was information to prospective proclaimed on December 1, 1978. These Dennis M. O’Connell, mountaineers on the dangers they may two were combined, reconfigured and face climbing in the park, how to Acting Deputy Assistant Secretary, established as Denali National Park and (Regulatory, Tariff and Trade Enforcement). prepare and equip themselves for the Preserve on December 2, 1980, climb, other safety related issues, and [FR Doc. 95–7893 Filed 3–30–95; 8:45 am] encompassing 6.5 million acres. Prior to BILLING CODE 4810±31±U requirements concerning resource achieving its current configuration, the protection issues such as litter removal land the park now encompasses was and human waste disposal. recognized for its unique ecological DEPARTMENT OF THE INTERIOR value and designated an International Authority Biosphere Reserve in 1976. That This regulation is promulgated National Park Service designation has since been expanded to pursuant to the Secretary of the encompass the entire 6.5 million acre Interior’s authority to make and publish 36 CFR Part 13 park and preserve. The park contains necessary and proper rules and North America’s highest mountain, RIN 1024±AC31 regulations for the use and management 20,320 foot Mount McKinley. Mount of parks, monuments and reservations Denali National Park and Preserve, Foraker, at 17,400 feet, and numerous under the jurisdiction of the National Alaska large glaciers of the Alaska Range are Park Service (16 U.S.C. 3). also a part of this park’s subarctic AGENCY: National Park Service, Interior. ecosystem. Wildlife includes caribou, Interim Rulemaking ACTION: Interim rule with request for Dall sheep, moose, grizzly bears and The purpose of this rulemaking is to comments. wolves. allow the park enough time to provide The first ascent of Mount McKinley climbers with better general and safety SUMMARY: The National Park Service occurred in 1913. Climbing continued to related information in order to reduce (NPS) is promulgating an interim rule to be a popular activity, although on a the number of climbing accidents and require mountain climbers to register a small scale, after the park was the attendant injuries and deaths, the minimum of 60-days before any climb established. However, during the last occurrence of which have recently and on Mount McKinley and Mount Foraker ten years mountaineering in the park dramatically increased. In order for the in Denali National Park. Mountaineering has increased dramatically. The number NPS to implement these safeguards in the park has increased dramatically of Mount McKinley climbers has risen prior to the 1995 climbing season, over the last ten years. The number of from 695 in 1984 to 1,277 in 1994. With which begins in April 1995, the interim climbers on Mount McKinley has risen the numbers of climbers increasing, the rule will need to be effective upon the from 695 in 1984 to 1,277 in 1994. number of accidents, rescues, and date of publication. The park is already Climbing-related injuries and deaths resource related problems have also receiving requests for information about have correspondingly increased. By increased. Since 1932 a total of 79 the 1995 climbing season; allowing for requiring advance registration, the mountaineers have perished on the notice and comment or delaying the Denali park staff will be able to provide slopes of Mount McKinley; 23 percent effective date of the rule will not allow information to prospective of these deaths (18 people) have the NPS adequate time to implement mountaineers in advance of their climb. occurred since 1990. Recent years have these safeguards. The interim rule has a This may include information on the also seen an increase in climbing related two-year ‘‘sunset clause’’. Notice and specific dangers they may face, how to deaths on Mount Foraker and the other comment rulemaking will be conducted prepare and equip, other safety related Alaska Range peaks located in the park. with full public involvement during this issues, and requirements concerning In 1990, eight mountaineers were two-year time period. The intended resource protection issues such as litter rescued on Mount McKinley. In sharp result of this action is to immediately removal and human waste disposal. contrast, the number of mountaineers increase the safety of mountain climbers Currently, climbers are required to rescued increased to 28 in 1992, and 27 by allowing sufficient time for the park 16580 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations to provide the necessary information to Drafting Information § 13.63 [Amended] all climbers concerning the hazards The primary authors of this rule are 2. Section 13.63 is amended by associated with climbing in Denali Dennis Burnett, Washington Office of revising paragraph (f) to read as follows: National Park. Ranger Activities and Brenda Bussard of * * * * * The NPS is promulgating this interim Denali National Park and Preserve, (f) Mountain climbing. Climbing on rule under the ‘‘good cause’’ exception National Park Service. Mount McKinley or Mount Foraker of the Administrative Procedure Act (5 without registering, on a form provided U.S.C. 553(b)(B) from general notice and Paperwork Reduction Act by the Superintendent, at least 60 days comment rulemaking. As discussed This rule does not contain collections in advance of the climb is prohibited. above, the NPS believes that this of information which require approval Dated: March 23, 1995. exception is warranted because of the by the Office of Management and George T. Frampton, Jr., time constraints involved. Based upon Budget under 44 U.S.C. 3501 et seq. this discussion, the NPS finds pursuant Assistant Secretary for Fish and Wildlife and to 5 U.S.C. 533(b)(B) that it would be Compliance With Other Laws Parks. [FR Doc. 95–7906 Filed 3–30–95; 8:45 am] contrary to the public interest to publish In accordance with the Regulatory a notice of proposed rulemaking. The Flexibility Act, 5 U.S.C. 601 et seq., the BILLING CODE 4310±70±P NPS is, however, soliciting comments NPS has determined that this interim and will review comments and consider rule will not have a significant making changes to the rule based upon economic effect on a substantial number DEPARTMENT OF HEALTH AND an analysis of comments. of small entities, nor does it require a HUMAN SERVICES In accordance with the preparation of a regulatory analysis. Office of Inspector General Administrative Procedure Act (5 U.S.C. This rule was not subject to Office of 531 et seq.), the NPS has further Management and Budget (OMB) review 42 CFR Part 1003 determined that publishing this interim under Executive Order 12866. rule 30 days prior to the rule becoming The NPS has determined that this RIN 0991±AA65 effective could further delay the proposed rulemaking will not have a Civil Money Penalties for Referrals to dissemination of safety and resource significant effect on the quality of the Entities and for Prohibited related information to climbers. This human environment, health and safety Arrangements and Schemes also would be contrary to the public because it is not expected to: interest and the intended purpose of the (a) Increase public use to the extent of AGENCY: Office of Inspector General rule. Therefore, under the ‘‘good cause’’ compromising the nature and (OIG), HHS. exception of the Administrative character of the area or causing ACTION: Final rule with comment period. Procedure Act (5 U.S.C. 553(d)(3)), and physical damage to it; as discussed above, the NPS has been (b) Introduce non-compatible uses SUMMARY: This final rule implements determined that this interim rulemaking which compromise the nature and the civil money penalty (CMP) is excepted from the 30-day delay of characteristics of the area, or cause provisions established through sections effective date, and shall therefore physical damage to it; 1877(g)(3) and 1877(g)(4) of the Social become effective upon the date (c) Conflict with adjacent ownerships or Security Act. Specifically, in accordance published in the Federal Register. land uses; or with section 1877(g)(3), these Because the NPS is soliciting (d) Cause a nuisance to adjacent owners regulations set forth CMPs, assessments comments as discussed above, the NPS or occupants. and an exclusion against any person who presents, or causes to be presented, plans to analyze comments received and Based on this determination, this a bill or claim the person knows or prepare further rulemaking, as interim rule is categorically excluded should know is for a service unlawfully appropriate. from the procedural requirements of the referred under section 1877(a)(1)(A) of National Environmental Policy Act Public Participation the Act, or has not refunded amounts (NEPA) by Departmental regulations in The policy of the National Park inappropriately collected for a 516 DM 6 (49 FR 21438). As such, Service is, whenever practicable, to prohibited referral. In addition, in neither an Environmental Assessment afford the public an opportunity to accordance with section 1877(g)(4), nor an Environmental Impact Statement participate in the rulemaking process. these regulations set forth CMPs, has been prepared. However, in accordance with the above assessments and an exclusion in cases discussion, the urgent need to List of Subjects in 36 CFR Part 13 where a physician or entity enters into disseminate the information concerning Alaska, National Parks; Reporting and an arrangement or scheme in which the the 60-day pre-registration notice and to recordkeeping requirements. physician or entity knows, or should ensure the safety of the mountain have known, that the principal purpose climbers, it has been determined that it In consideration of the foregoing, 36 is to assure referrals by the physician is contrary to the public interest to delay CFR part 13 is amended as follows: which, if made directly to a particular the effective date of this interim rule PART 13ÐNATIONAL PARK SYSTEM entity, would violate the prohibition on pending public comment. UNITS IN ALASKA referrals described in section 1877(a) of Nevertheless, interested persons are the Act. invited to submit written comments or Subpart CÐSpecial RegulationsÐ DATES: Effective date: This final rule suggestions regarding the proposed Specific Park areas in Alaska with comment period is effective on regulations to the address noted at the March 31, 1995. beginning of this rulemaking. Comments 1. The authority citation for part 13 Comment period: Comments on the must be received on or before May 30, continues to read as follows: applicability of these CMPs for referrals 1995. The NPS will review comments Authority: 16 U.S.C. 1, 3, 462(k), 3101 et to ‘‘designated health services’’ resulting and consider making changes to the rule seq.; § 13.65(b) also issued under 16 U.S.C. from provisions in the Omnibus Budget based upon an analysis of comments. 1361, 1531. Reconciliation Act (OBRA) of 1993 will Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16581 be considered if we receive them at the other entity for laboratory services violate the referral prohibitions of address specified below, no later than 5 furnished in accordance with a section 1877. The provision is also p.m. on May 30, 1995. Broadening these prohibited referral. The authority for applicable to the reporting and penalty CMPs to cover referrals to ‘‘designated implementing these provisions is a provisions under sections 1877(f) and health services’’ is discussed in sections bifurcated responsibility between the (g)(5) of the Act. The designated health I.C. and IV. of this preamble. We will Health Care Financing Administration services cover both diagnostic services not consider comments on provisions (HCFA) and the OIG. The HCFA has had and therapeutic items and services, that remain unchanged from the October the responsibility for developing including physical and occupational 20, 1993 proposed rule or on provisions regulations that set forth the specific therapy services; radiology services; that were changed based on public policies by which such prohibited radiation therapy services and supplies; comments. conduct is defined, while the OIG has durable medical equipment (DME) and ADDRESSES: Mail comments to: Office of maintained responsibility for imposing supplies; parenteral and enteral Inspector General, Department of Health civil money penalties (CMPs), nutrients, equipment and supplies; and Human Services, Attention: LRR– assessments and program exclusions for prosthetics, orthotics and prosthetic 30–FC, Room 5246, 330 Independence violations of this referral ban. devices and supplies; home health services; outpatient prescription drugs; Avenue SW., Washington, DC 20201. B. Proposed HCFA and OIG Regulations If you prefer, you may deliver your and inpatient and outpatient hospital On March 11, 1992, the HCFA issued comments to Room 5551, 330 services. proposed regulations (57 FR 8588) These expansions resulting from Independence Avenue, SW., setting forth provisions that would—(1) OBRA 1993—the expansion to Medicaid Washington DC 20201. Because of with certain specified exceptions, to be effective beginning on December staffing and resource limitations, we prohibit a physician from making a 31, 1994, and the expansion to other cannot accept comments by facsimile referral to an entity for the furnishing of designated health services to be (FAX) transmission. In commenting, laboratory services for which Medicare effective for referrals made after please refer to file code LRR–30–FC. would otherwise pay, if the physician or December 31, 1994—were not Comments received timely will be a member of his or her immediate incorporated into either the HCFA or available for public inspection as they family has a financial relationship with OIG proposed rules summarized above. are received, generally beginning that entity; and (2) prohibit an entity The HCFA intends to publish new approximately 3 weeks after publication from presenting or causing to be proposed regulations—separate from the of this document, in room 5551, 330 presented a Medicare claim or bill for final rule addressing physician Independence Avenue SW., such services furnished in accordance ownership of, and referrals to, entities Washington, DC on Monday through with that referral. Because the statute that furnish clinical laboratory Friday of each week from 8:30 a.m. to was quite detailed in scope, the HCFA services—that will (1) cover how the 5 p.m., (202) 619–3270. proposed rule adhered closely to the referral prohibition applies to additional FOR FURTHER INFORMATION CONTACT: statutory language and adopted—with services now covered by section 1877 as Joel Schaer, Legislation, Regulations and little change—several definitions, such the result of OBRA 1993, (2) explain Public Affairs Staff, (202) 619–3270. as the definition of prohibited financial various new exceptions added to the SUPPLEMENTARY INFORMATION: relationships and compensation statute, and (3) define key terms such as arrangements. financial relationship, inpatient/ I. Background In addition, on October 20, 1993 the outpatient services, diagnostic services A. The Omnibus Budget Reconciliation OIG issued a proposed rule (58 FR and DME. Acts of 1989 and 1990 54096) that was designed to codify the However, because the penalty penalty provisions of the statute set provisions set forth in sections 1877 In an effort to limit physician referrals forth in sections 1877 (g)(3) and (g)(4) of (g)(3) and (g)(4) of the Act remain involving laboratory services, section the Social Security Act. The proposed unchanged by these amendments, we 6204 of Pub. L. 101–239, the Omnibus rule addressed the establishment of are incorporating by reference the Budget Reconciliation Act (OBRA) of CMPs of not more than $15,000 for each expansion to designated health services 1989, as amended by section 4207(e) of violation of the ban on making claims into our final rulemaking for Pub. L. 101–508 (OBRA of 1990), added for services resulting from prohibited sanctioning improper claims and a new section 1877—Limitations on referrals or failing to make a refund, and circumvention schemes. Since the Certain Physician Referrals—to the CMPs of not more than $100,000 for statutory changes associated with these Social Security Act. physicians and entities who engage in a penalty provisions are self- As set forth by OBRA 1989 and 1990, circumvention scheme to avoid implementing, we believe that the section 1877, with certain exceptions, detection of prohibited referrals. regulatory revisions set forth in this prohibited a physician from making a rulemaking can be implemented referral to an entity for the furnishing of C. The Omnibus Budget Reconciliation without interpretation and that public clinical laboratory services for which Act of 1993 comment would not substantially Medicare would otherwise pay, if the The Omnibus Budget Reconciliation modify these regulations. We believe physician or a member of the Act of 1993 expanded the scope of that affording additional proposed physician’s immediate family had a section 1877 of the Act to extend the rulemaking under these circumstances financial relationship with that entity. prohibition to Medicare and Medicaid is unnecessary and would delay the (See the discussion in section I.C. below referrals beyond clinical laboratory promulgation of regulations that regarding expansion of this authority to service to include various ‘‘designated correspond with the current statute. ‘‘designated health services’’ as a result health services.’’ Specifically, OBRA Therefore, we find good cause to waive of amendments set forth in OBRA 1993.) 1993 amended the Medicaid payment proposed rulemaking for incorporating This provision further prohibited an provisions by adding a new section the statutory expansion to designated entity from presenting, or causing to be 1903(s) to state that no payments are to health services by reference into our presented, a Medicare claim or bill to be made to a State for services furnished final rulemaking. However, we are any individual, third party payer or by designated health services that providing a 60-day comment period for 16582 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations comments limited to the area of billed under the prohibited penalty provisions than to the designated health services in order to arrangement; and overpayment time periods. These HCFA give parties now covered by these CMP • An exclusion of the physician or Medicare secondary payer regulations regulations as providers of designated entity form Medicare and State health require a beneficiary or other party who health services an opportunity to make care program participation. receives a third party payment to applicable comments. Although these In determining the amount of the reimburse Medicare within 60 days. regulations are being issued as a final penalty and assessment for this Under 411.24(h), the recipient of the rule, any additional comments will be violation, the proposed rule specified third party payment is expected to take considered for possible future that the OIG would apply the five the initiative to refund the program, amendments to the rulemaking, where existing criteria in § 1003.106(a) of the without first receiving notice, or having appropriate. regulations, and proposed an additional a ‘‘determination’’ by HCFA that the criterion that would consider the refund is required. Since the OIG II. Provisions of the OIG Proposed Rule amount of ownership interests involved. regulations intend for persons who profit from prohibited referrals to The OIG proposed regulations, III. Response to the Public Comments published in the Federal Register on initiate making the refund, we believe October 20, 1993, provided for a penalty In response to this proposed rule, the that a 60 day period is a reasonable time against any person presenting a bill or OIG received a total of five timely-filed period to establish is defining ‘‘timely claim to be paid by Medicare for public comments from associations and basis.’’ individuals. Set forth below is a services furnished under a ‘‘self- Clarifying the Scope of the Regulations referral’’ arrangement prohibited under summary of those comments received section 1877(a) of the Act, or any person and our response to the various Comment: One commenter asked that failing to refund amounts that were concerns they raised. we clarify the regulations text to specify, as we did in the preamble to the inappropriately billed and collected as Definition of ‘‘Timely Basis’’ the result of a prohibited referral. The proposed rule, that physicians—as well Comment: Proposed § 1003.102(b)(8) proposed regulations established— as the laboratory (or designated health stated that the OIG may impose a • A CMP of no more than $15,000 for service provider)—may be subject to penalty against any person ‘‘who has each service provided in accordance CMPs for causing the submission of not refunded on a timely basis amounts with a prohibited referral, for which a claims for services resulting from collected as a result of billing an bill or claim was presented, or caused prohibited referrals. individual, third party payer or other to be presented, or caused to be Response: We believe that the entity for a clinical laboratory service presented, or which was not properly language set forth in § 1003.102 is that was provided in accordance with a refunded; adequate to cover the scope of these prohibited referral * * *’’ (underlining provisions. The word ‘‘person’’ as • An assessment of not more than added). The commenter believes that defined in § 1003.101 includes an twice the amount claimed for each providers should be made aware of any individual, trust, estate, partnership, service that was the basis for the CMP; time requirements to which they will be corporation, professional association or and held accountable, and recommends that corporation, or other entity. Physicians, • An exclusion of the individual from we define the term ‘‘timely basis.’’ as ‘‘individuals,’’ are specifically Medicare and State health care program Response: We agree with the included under this definition. participation. commenter that this term should be In determining the amount of penalty clarified, and are defining ‘‘timely Criteria for Circumvention Scheme and assessment for this violation, the basis’’ in § 1003.101 of the regulations Sanctions proposed rule specified that the OIG as the 60 day period from the time the Comment: The rulemaking proposed would apply the five existing criteria set prohibited amounts are collected. We adding a new criterion in § 1003.106(a) forth in § 1003.106(a) of the regulations, believe that there is precedent for that would take into account the amount and proposed a sixth criterion to be defining this time period. of ownership interests involved when applied to consider timeliness and Currently, the general government determining penalty amounts or completeness with respect to the refund policy for overpayments is 30 assessments for circumvention schemes. appropriate refund(s). days. For example, section 1815(d) of One commenter strongly supported this In addition, the proposed regulations the Social Security Act—addressing criterion of requiring providers to provided for a penalty against a payments to providers under part A of disclose the amount of ownership physician or entity entering into an the Medicare program—requires a interest whenever making an ownership agreement or ‘‘circumvention’’ scheme refund (or offset) of excess payments disclosure under section 1877 rather to assure referrals which, if they were within 30 days of a final determination than just the fact of ownership interest made directly, would violate the that the amount of payment was in in a facility. prohibition on referrals set out in excess of the amount due. However, the Response: We appreciate the section 1877(a) of the Act. One example 30 days begins to run after a final commenter’s support of this additional of such a scheme would be a cross- determination is made that there was an criterion, and believe that requiring the referral arrangement where the overpayment, while § 1003.102(b)(8) of provider to disclose the amount of physician owners of two different our regulations contemplates that the ownership will act as a further deterrent entities refer to each other. The person who collected amounts for a to providers referring patients to proposed regulations established— service provided in accordance with a facilities in which they have financial • A CMP of not more than $100,000 prohibited referral will take the interests. for each arrangement or circumvention initiative to refund those amounts on a Comment: In referencing both scheme entered into by a physician or timely basis without first being subject § 1003.102(b)(9) of the proposed entity; to a ‘‘final determination.’’ regulations and existing § 1003.102(c), • An assessment of not more than The HCFA regulations at 42 CFR one commenter raised concerns twice the amount claimed by the 411.24(h) seem more analogous to the regarding the ability of outside third physician or entity for each service ‘‘refund’’ provision addressed in these parties to effectively counsel Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16583 practitioners if such counseling prohibited referrals and prohibited practices discussed in these regulations. activities were considered subject to arrangements and schemes under As a result, we believe that the aggregate penalties as part of a ‘‘circumvention’’ section 1877 of the Act. economic impact of these provisions scheme. The commenter expressed Response: As indicated above, HCFA will be minimal, affecting only those concern that the regulation would plans two separate rulemaking who have engaged in prohibited discourage lawyers, accountants and initiatives—one addressing clinical behavior in violation of the statute. As other professionals from advising laboratory services and a second for such, this final rule should have no physicians on how to set up practices designated health services—to address effect on the economy or on Federal or for fear that the advising professional the prohibitions set forth in section State expenditures. would be ‘‘adding and abetting’’ a 1877 of the Act. The OIG has always In addition, we generally prepare a violation. maintained, however, that its statutory regulatory flexibility analysis consistent Response: This regulation is directed CMP authorities are independent with the Regulatory Flexibility Act (5 specifically at physicians and entities authorities under which it may bring U.S.C. 601 through 612) unless the that enter into a ‘‘cross-referral enforcement actions before regulations Secretary certifies that a regulation will arrangement’’ or a scheme which the are published. For that reason, we do not have a significant economic impact physician or entity knows or should not believe that it is necessary for the on a substantial number of small know is designed to circumvent the OIG to wait upon finalization of HCFA’s business entities. While some sanctions prohibitions of this provision. It should regulations to publish in final form our and penalties may have an impact on in no way discourage physicians from CMP regulations addressing the penalty small entities, we do not anticipate that seeking professional advice in good and enforcement provisions of sections a substantial number of these small faith, or discourage attorneys and 1877 (g)(3) and (g)(4). entities will be significantly affected by accountants from giving such advice in IV. Technical Changes this rulemaking. Therefore, we have good faith. concluded, and the Secretary certifies, As discussed above, we are Resource Issues that a regulatory flexibility analysis is incorporating into this final rule the not required for this final rule. Comment: One commenter took issue expansion of section 1877 resulting with the regulatory impact statement from OBRA 1993 to include Medicare List of Subjects in 42 CFR Part 1003 that states the rulemaking will have no payments for much of the health care Administrative practice and direct effect on the economy or on industry, i.e., for clinical laboratory procedure, Fraud, Grant programs— Federal or State expenditures. The services and the additional ten health, Health facilities, Health commenter believes that there will be a ‘‘designated health services’’ effective professions, Maternal and child health, considerable increase in the workload of for referrals made after December 31, Medicaid, Medicare, Penalties. Medicare auditors and fraud units in 1994. 42 CFR part 1003 is amended as set their efforts to detect fraud and abuse, V. Cross-References to the HCFA forth below: and believes that the impact statement Regulations should reflect these increased activities. PART 1003ÐCIVIL MONEY In addition, based on information a Sections 1003.100(b)(1) (ix)–(xi), PENALTIES, ASSESSMENTS AND second commenter is currently 1003.102(a)(5) and 1003.102 (b)(9) and EXCLUSIONS receiving on physician ownership of (b)(10) cross-reference HCFA other entities when individuals are regulations’ §§ 411.351 and 411.353 that 1. The authority citation for part 1003 requesting provider numbers, the will not be codified until the HCFA is revised to read as follows: commenter indicated that they would Physician Referral rules are published Authority: 42 U.S.C. 1302, 1320–7, 1320a– need to establish specific flags or edits in final form. We note that these 7a, 1320b–10, 1395u(j), 1395u(k), to be adequately apprised of situations citations to the HCFA regulations are 1395dd(d)(1), 1395mm, 1395nn(g), 1395ss(d), involving potential violations. tentative and will be amended, if 1396b(m), 11131(c) and 11137(b)(2). Response: We do not believe that necessary, when those provisions are 2. Section 1003.100 is amended by these penalty provisions will result in finalized. revising paragraph (a); by republishing significantly increased expenditures for VI. Regulatory Impact Statement paragraph (b)(1) introductory text; by detection efforts in this area, and believe revising paragraphs (b)(1)(vi) and that these concerns do not warrant The Office of Management and Budget (b)(1)(vii); and by adding new altering the existing regulatory impact has reviewed this final rule with paragraphs (b)(1)(viii)–(xi) to read as statement. While we do not anticipate comment period in accordance with the follows: funding levels to significantly increase provisions of Executive Order 12866. As as a result of this additional authority, discussed above, the provisions § 1003.100 Basis and purpose. we remain acutely aware of the issue contained in this rulemaking set forth (a) Basis. This part implements and need for resources in general, and new authorities to the OIG for levying sections 1128(c), 1128A, 1140, 1842(j), will continue to invite and rely on CMPs against persons or entities that 1842(k), 1876(i)(6), 1877(g), 1882(d) and active participation from within the file claims for services furnished on the 1903(m)(5) of the Social Security Act, health care industry to aid in efforts to basis of prohibited referrals or who and sections 421(c) and 427(b)(2) of accurately and effectively identify and engaged in prohibited circumvention Pub. L. 99–660 (42 U.S.C. 1320a–7, police self-referral violations. schemes proscribed by statute. These 1320a–7a, 1320a–7(c), 1320b(10), provisions are a result of statutory 1395mm, 1395ss(d), 1395u(j), 1395u(k), Delaying Issuance of the Final OIG changes and serve to clarify 1396b(m), 11131(c) and 11137(b)(2)). Regulations departmental policy with respect to the (b) Purpose. *** Comment: One commenter asked that imposition of CMPs against persons and (1) Providers for the imposition of issuance of the OIG final penalty entities who violate the statute. We civil money penalties and, as provisions be delayed until HCFA has believe that the great majority of applicable, assessments against persons promulgated both sets of final providers and practitioners do not who— implementing regulations addressing engage in such prohibited activities and * * * * * 16584 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations (vi) Violate a requirement of section individual who furnished (or supervised § 1003.106 Determination regarding the 1867 of the Act or § 489.24 of this title; the furnishing of) the service— amount of the penalty and assessment. (vii) Substantially fail to provide an * * * * * (a) Amount of penalty. (1) In enrollee with required medically (iii) Represented to the patient at the determining the amount of any penalty necessary items and services, or engage time the service was furnished that the or assessment in accordance with in certain marketing, enrollment, physician was certified in a medical § 1003.102 (a), (b)(1), (b)(4), (b)(9), and reporting, claims payment, employment specialty board when he or she was not (b)(10), the Department will take into or contracting abuses; or so certified; or account— (viii) Have submitted certain (5) A payment that such person * * * * * prohibited claims under the Medicare knows, or should know, may not be (iv) The financial condition of the program; made under § 411.353 of this title. person presenting the claim or request (ix) Present or cause to be presented for payment, or giving the information; a bill or claim for designated health (b) * * * (9) Has not refunded on a timely (v) The completeness and timeliness service (as defined in § 411.351 of this of the refund with respect to title) that they know, or should know, basis, as defined in § 1003.101 of this part, amounts collected as the result of § 1003.102(b)(9); were furnished in accordance with a (vi) The amount of financial interest referral prohibited under § 411.353 of billing an individual, third party payer or other entity for a designated health involved with respect to this title; § 1003.102(b)(10); and (x) Have collected amounts that they service that was provided in accordance know or should know were billed in with a prohibited referral as described * * * * * violation of § 411.353 of this title and in § 411.353 of this title; Dated: October 4, 1994. have not refunded the amounts (10) Is a physician or entity that enters June Gibbs Brown, collected on a timely basis; or into— Inspector General. (xi) Are physicians or entities that (i) A cross referral arrangement, for Approved: December 30, 1994. enter into an arrangement or scheme example, whereby the physician owners Donna E. Shalala, that they know or should know has as of entity ‘‘X’’ refer to entity ‘‘Y,’’ and the Secretary. a principal purpose the assuring of physician owners of entity ‘‘Y’’ refer to [FR Doc. 95–7845 Filed 3–30–95; 8:45 am] referrals by the physician to a particular entity ‘‘X’’ in violation of § 411.353 of entity which, if made directly, would this title, or BILLING CODE 4150±04±M violate the provisions of § 411.353 of (ii) Any other arrangement or scheme this title. that the physician or entity knows, or * * * * * should know, has a principal purpose of DEPARTMENT OF THE INTERIOR 3. Section 1003.101 is amended by circumventing the prohibitions of Bureau of Land Management adding a definition for the term timely § 411.353 of this title. basis to read as follows: * * * * * 43 CFR Public Land Order 7129 § 1003.101 Definitions 5. Section 1003.103 is amended by revising paragraphs (a) and (b) to read [WY±930±1430±01; WYW±92953±01] * * * * * as follows: Timely basis means, in accordance Revocation of Executive Order No. with § 1003.102(b)(9) of this part, the § 1003.103 Amount of penalty. 3410, Dated February 22, 1921; 60-day period from the time the (a) Except as provided in paragraphs Wyoming prohibited amounts are collected by the (b), (c) and (d) of this section, the OIG individual or the entity. AGENCY: Bureau of Land Management, may impose a penalty of not more than Interior. * * * * * $2,000 for each item or service that is 4. Section 1003.102 is amended by subject to a determination under ACTION: Public Land Order. revising paragraphs (a)(3), (a)(4) § 1003.102. SUMMARY: This order revokes an introductory test, and (a)(4)(iii); and by (b) The OIG may impose a penalty of Executive order that involves 2,844.17 adding paragraphs (a)(5), (b)(9) and not more than $15,000 for each person acres of National Forest System land (b)(10) to read as follows: with respect to whom a determination withdrawn for powersite purposes in § 1003.102 Basis for civil money penalties was made that false or misleading the Shoshone National Forest. The land and assessments. information was given under is no longer needed for powersite (a) * * * § 1003.102(b)(4), or for each item and purposes. This action will open (3) An item or service furnished service that is subject to a determination 2,336.22 acres to such forms of during a period in which the person was under § 1003.102(a)(5) or disposition as may by law be made of excluded from participation in the § 1003.102(b)(9) of this part. The OIG National Forest System land, including program to which the claim was made may impose a penalty of not more than exchange under the General Exchange in accordance with a determination $100,000 for each arrangement or Act of 1922. The 2,336.22 acres has been made under sections 1128 (42 U.S.C. scheme that is subject to a open to mining under the provisions of 1320a–7), 1128A (42 U.S.C. 1320a–7a), determination under § 1003.102(b)(10) the Mining Claims Rights Restoration 1156 (42 U.S.C. 1320c–5), 1160(b) as in of this part. Act of 1955, and these provisions are no effect on September 2, 1982 (42 U.S.C. * * * * * longer required. There are 427.95 acres 1320c–9(b)), 1842(j)(2) (42 U.S.C. 6. Section 1003.106 is amended by that would remain closed to disposal by 1395u(j)), 1862(d) as in effect on August revising paragraph (a)(1) introductory an overlapping withdrawal. The 18, 1987 (42 U.S.C. 1395y(d)), or 1866(b) text and paragraph (a)(1)(iv); by remaining 80 acres have been conveyed (42 U.S.C. 1395cc(b)); redesignating paragraph (a)(1)(v) as into private ownership with revocation (4) A physician’s services (or an item paragraph (a)(1)(vii); and by adding new being a record clearing action as it or service) for which the person knew, paragraphs (a)(1)(v) and (a)(1)(vi) to read pertains to that land. The entire acreage, or should have known, that the as follows: with the exception of the 80 acres, Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16585 remains open to mining and mineral Dated: March 21, 1995. The area described contains 37.50 acres in leasing. Bob Armstrong, Bonneville County. EFFECTIVE DATE: May 1, 1995. Assistant Secretary of the Interior. 2. The land described above continues FOR FURTHER INFORMATION CONTACT: [FR Doc. 95–8000 Filed 3–30–95; 8:45 am] to be withdrawn from settlement, sale, Duane Feick, BLM Wyoming State BILLING CODE 4310±22±M location, or entry under the pubic land Office, P.O. Box 1828, Cheyenne, laws, including the United States Wyoming 82003, 307–775–6127. mining laws (30 U.S.C. Ch. 2 (1988)), to By virtue of the authority vested in 43 CFR Public Land Order 7130 protect the Fish and Wildlife Service the Secretary of the Interior by Section [ID±943±1430±01; IDI±29793] Grays Lake Refuge Headquarters. The 204 of the Federal Land Policy and land has been and remains open to Management Act of 1976, 43 U.S.C. Modification of Secretarial Order Dated leasing under the mineral leasing laws. 1714 (1988), it is ordered as follows: June 18, 1908, and Executive Order No. 3. This withdrawal will expire 20 1. Executive Order No. 3410, dated 2067 Dated October 28, 1914, and years from the effective date of this February 22, 1921, which withdrew Transfer of Jurisdiction; Idaho order unless, as a result of a review National Forest System land for conducted before the expiration date powersite purposes, is hereby revoked AGENCY: Bureau of Land Management, pursuant to Section 204(f) of the Federal in its entirety for the following Interior. Land Policy and Management Act of described land: ACTION: Public land order. 1976, 43 U.S.C. 1714(f) (1988), the Secretary determines that the Sixth Principal Meridian SUMMARY: This order modifies the withdrawal shall be extended. T. 52 N., R. 105 W., Secretarial Order dated June 18, 1908, Sec. 17, W1⁄2; and Executive Order No. 2067 dated Dated: March 21, 1995. Sec. 18; October 28, 1914, insofar as they affect Bob Armstrong, Sec. 19, lots 1 to 4, inclusive E1⁄2, and 37.50 acres of public land lying outside Assistant Secretary of the Interior. E1⁄2W1⁄2, (formerly sec. 19, all); National Forest boundaries, withdrawn Sec. 20, W1⁄2; [FR Doc. 95–8001 Filed 3–30–95; 8:45 am] Sec. 29, lots 4 to 7, inclusive, SW1⁄4NW1⁄4, for a Forest Service guard station/ BILLING CODE 4310±CG±P and SW1⁄4, (formerly sec. 29, W1⁄2); administrative site. This order transfers Sec. 30. jurisdiction of the land from the Forest The area described contains 2,844.17 acres Service to the Fish and Wildlife Service FEDERAL COMMUNICATIONS in Park County. and establishes a 20-year term. The land COMMISSION 2. The following described National will continue to be used as an Forest System land will remain closed administrative site for the Fish and 47 CFR Part 73 Wildlife Service and will remain closed to disposal because of an overlapping [MM Docket No. 93±185; RM±8249] withdrawal, Executive Order dated to surface entry and mining. The land March 27, 1913, for powersite purposes: has been and will remain open to Radio Broadcasting Services; Estes mineral leasing. Sixth Principal Meridian Park, CO EFFECTIVE DATE: March 31, 1995. T. 52 N., R. 105 W., FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Communications Sec. 19, lots 2 to 4, inclusive, SE1⁄4NE1⁄4, Larry R. Lievsay, BLM Idaho State Commission. SE1⁄4NW1⁄4, E1⁄2SW1⁄4, and SE1⁄4. ACTION: Final rule. The area described contains 427.95 acres in Office, 3380 Americana Terrace, Boise, Park County. Idaho 83706–2500, 208–384–3166. By virtue of the authority vested in SUMMARY: This document allots FM 3. Revocation of the withdrawal for the Secretary of the Interior by Section Channel 271A to Estes Park, Colorado, the following described private land is 204 of the Federal Land Policy and as that community’s first local FM a record clearing action with no Management Act of 1976, 43 U.S.C. service, in response to a petition for rule opening: 1714 (1988), it is hereby ordered as making filed on behalf of Hambric Sixth Principal Meridian follows: Associates. See 58 FR 37696, July 13, 1993. With this action, the proceeding is T. 52 N., R. 105 W., 1. The Secretarial Order dated June terminated. Sec. 17, SE1⁄4SW1⁄4; 18, 1908, and Executive Order No. 2067 Sec. 20, NE1⁄4NW1⁄4. dated October 28, 1914, which DATES: Effective May 12, 1995. The The area described contains 80 acres in withdrew land for use by the Forest window period for filing applications Park County. Service, Department of Agriculture, for on Channel 271A at Estes Park, 4. At 9:00 a.m. on May 1, 1995, the a guard station/administrative site, are Colorado, will open on May 12, 1995, land described in paragraph 1, except as hereby modified to transfer jurisdiction and close on June 12, 1995. provided in paragraphs 2 and 3, will be of the land from the Forest Service to FOR FURTHER INFORMATION CONTACT: opened to such forms of disposition as the Fish and Wildlife Service for use as Nancy Joyner, Mass Media Bureau, (202) may by law be made of National Forest an administrative site. The land is 418–2180. Questions related to the System land, subject to valid existing described as follows: window application filing process for rights, the provisions of existing Boise Meridian Channel 271A at Estes Park, Colorado, withdrawals, other segregations of (Secretarial Order dated June 18, 1908) should be addressed to the Audio Services Division, FM Branch, Mass record, and the requirements of T. 4 S., R. 43 E., Media Bureau, (202) 418–2700. applicable law. The land described in Sec. 35, E1⁄2SE1⁄4NE1⁄4, paragraph 1 has been open to mining N1⁄2S1⁄2NW1⁄4SE1⁄4NE1⁄4 and SUPPLEMENTARY INFORMATION: This is a under the provisions of the Mining N1⁄2NW1⁄4SE1⁄4NE1⁄4. synopsis of the Commission’s Report Claims Rights Restoration Act of 1955, (Executive Order No. 2067 dated October 28, and Order, MM Docket No. 93–185, and these provisions are no longer 1914) adopted March 21, 1995, and released required, except for the land described T. 4 S., R. 43 E., March 28, 1995. The full text of this in paragraphs 2 and 3. Sec. 35, NE1⁄4NE1⁄4SE1⁄4. Commission decision is available for 16586 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations inspection and copying during normal SUPPLEMENTARY INFORMATION: This is a desired transmitter site. Channel 268A business hours in the FCC’s Reference synopsis of the Commission’s Report can be allotted to St. James at the Center (Room 239), 1919 M Street, NW, and Order, MM Docket No. 93–66, presently licensed transmitter site of Washington, D.C. The complete text of adopted March 17, 1995, and released Station KXAX, at coordinates 44–03–15 this decision may also be purchased March 28, 1995. The full text of this North Latitude; 94–39–40 West from the Commission’s copy Commission decision is available for Longitude. With this action, this contractors, International Transcription inspection and copying during normal proceeding is terminated. Service, Inc., (202) 857–3800, located at business hours in the FCC Reference 1919 M Street, NW, Room 246, or 2100 Center (Room 239), 1919 M Street, NW, EFFECTIVE DATE: May 12, 1995. M Street, NW, Suite 140, Washington, Washington, D.C. The complete text of D.C. 20037. this decision may also be purchased FOR FURTHER INFORMATION CONTACT: from the Commission’s copy contractor, Leslie K. Shapiro, Mass Media Bureau, List of Subjects in 47 CFR Part 73 ITS, Inc., (202) 857–3800, 2100 M (202) 418–2180. Radio broadcasting. Street, NW, Suite 140, Washington, D.C. Part 73 of Title 47 of the Code of 20037. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report Federal Regulations is amended as List of Subjects in 47 CFR Part 73 follows: and Order, MM Docket No. 94–82, Radio broadcasting. adopted March 22, 1995, and released PART 73Ð[AMENDED] March 28, 1995. The full text of this PART 73Ð[AMENDED] Commission decision is available for 1. The authority citation for Part 73 inspection and copying during normal continues to read as follows: 1. The authority citation for Part 73 continues to read as follows: business hours in the FCC Reference Authority: Secs. 303, 48 Stat., as amended, Center (Room 239), 1919 M Street, NW, 1082; 47 U.S.C. 154, as amended. Authority: Secs. 303, 48 Stat., as amended, 1082; 47 U.S.C. 154, as amended. Washington, D.C. The complete text of § 73.202 [Amended] this decision may also be purchased 2. Section 73.202(b), the Table of FM § 73.202 [AMENDED] from the Commission’s copy contractor, Allotments under Colorado, is amended 2. Section 73.202(b), the Table of FM International Transcription Service, by adding Estes Park, Channel 271A. Allotments under Texas, is amended by Inc., (202) 857–3800, 2100 M Street, adding Willis, Channel 279C3 and NW, Suite 140, Washington, D.C. 20037. Federal Communications Commission. removing Channel 279C3 at Huntsville. John A. Karousos, Federal Communications Commission. List of Subjects in 47 CFR Part 73 Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. John A. Karousos, Radio broadcasting. [FR Doc. 95–7944 Filed 3–30–95; 8:45 am] Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. BILLING CODE 6712±01±F [FR Doc. 95–7946 Filed 3–30–95; 8:45 am] Part 73 of Title 47 of the Code of BILLING CODE 6712±01±F Federal Regulations is amended as 47 CFR Part 73 follows: [MM Docket No. 93±66; RM±8192] 47 CFR Part 73 PART 73Ð[AMENDED] Radio Broadcasting Services; [MM Docket No. 94±82; RM±8487] Huntsville and Willis, Texas 1. The authority citation for Part 73 Radio Broadcasting Services; Spencer continues to read as follows: AGENCY: Federal Communications and Sac City, IA, St. James, MN Commission. AGENCY: Federal Communications Authority: Secs. 303, 48 Stat., as amended, ACTION: Final rule. Commission. 1082; 47 U.S.C. 154, as amended. ACTION: Final rule. SUMMARY: The Commission, at the § 73.202 [Amended] request of New Wavo Communications SUMMARY: The Commission, at the Group, Inc., reallocates Channel 279C3 request of Iowa Great Lakes 2. Section 73.202(b), the Table of FM from Huntsville to Willis, Texas, and Broadcasting Company, Inc., substitutes Allotments under Iowa, is amended by modifies Station KVST(FM)’s license to Channel 285C3 for Channel 285A at removing Channel 285A and adding specify Willis as its community of Spencer, IA, modifies the license of Channel 285C3 at Spencer. license. See 58 FR 17818, April 4, 1993. Station KIGL(FM) to specify the higher Channel 279C3 can be allocated in class channel, substitutes Channel 268A 3. Section 73.202(b), the Table of FM compliance with the Commission’s for Channel 285A at St. James, MN, and Allotments under Minnesota, is minimum distance separation modifies the license of Station KXAX to amended by removing Channel 285A requirements with a site restriction of specify the alternate Class A channel. and adding Channel 268A at St. James. 5.3 kilometers (3.3 miles) northwest to The Commission also retained Channel accommodate New Wavo’s desired site. 284A at Sac City, IA. See 59 FR 37738, Federal Communications Commission. The coordinates for Channel 279C3 at July 25, 1994. Channel 285C3 can be John A. Karousos, Willis are 30–26–55 and 95–31–48. allotted to Spencer with a site With this action, this proceeding is restriction of 17 kilometers (10.5 miles) Chief, Allocations Branch, Policy and Rules terminated. north, at coordinates 43–17–45 North Division, Mass Media Bureau. EFFECTIVE DATE: May 12, 1995. Latitude; 95–10–30 West Longitude, to [FR Doc. 95–7948 Filed 3–30–95; 8:45 am] FOR FURTHER INFORMATION CONTACT: Pam avoid a short-spacing to unoccupied but Blumenthal, Mass Media Bureau, (202) applied-for Channel 284A at Sac City, BILLING CODE 6712±01±F 418–2180. IA and to accommodate petitioner’s Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16587 DEPARTMENT OF COMMERCE Greenland turbot, Dover sole, Rex sole, Response to Comments arrowtooth flounder, and sablefish. Two letters of comment were received National Oceanic and Atmospheric within the comment period that ended Administration Classification February 9, 1995. A summary of the This action is taken under 50 CFR 50 CFR Part 672 comments and NMFS’ response follows. 672.20 and is exempt from review under Comment 1. The emergency trawl [Docket No. 950206041±5041±01; I.D. E.O. 12866. closure area should be reconfigured to 032795A] Authority: 16 U.S.C. 1801 et seq. remove the 10 minutes of latitude from ° ° ′ Groundfish of the Gulf of Alaska; Dated: March 27, 1995. 56 to 56 10 N. lat. The closure should have been designed to protect female Deep-Water Species Fishery by David S. Crestin, Vessels Using Trawl Gear in the Gulf red king crab, but, for this purpose, the Acting Director, Office of Fisheries best available biological data do not of Alaska Conservation and Management, National Marine Fisheries Service. support inclusion of the 10 minutes of AGENCY: National Marine Fisheries latitude from 56° to 56°10′ N. lat. in the [FR Doc. 95–7903 Filed 3–27–95; 4:50 pm] Service (NMFS), National Oceanic and trawl closure area. Atmospheric Administration (NOAA), BILLING CODE 3510±22±F Response. NMFS chose the closure Commerce. area implemented under the emergency ACTION: Closure. 50 CFR Part 675 rule based on the distribution of female red king crab. Annual NMFS crab SUMMARY: NMFS is prohibiting directed survey data show distribution and fishing for species that comprise the [Docket No. 940710±4292; I.D. 010695A] relative abundance of female red king deep-water species fishery by vessels crab vary from year to year. However, Groundfish Fishery of the Bering Sea using trawl gear in the Gulf of Alaska survey data since 1990 indicate that and Aleutian Islands Area; Trawl (GOA). This action is necessary because relatively large numbers of female crab Closure to Protect Red King Crab the first seasonal bycatch allowance of have been taken at survey stations in Pacific halibut apportioned to the deep- ° AGENCY: National Marine Fisheries Bristol Bay located around 56 N. lat. water species fishery in the GOA has Recent 1993 and 1994 trawl survey data been caught. Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), show female red king crab are present EFFECTIVE DATE: 12 noon, Alaska local ° Commerce. at survey stations located along 56 N. time (A.l.t.), March 27, 1995, until 12 lat. The relative abundance of female noon, A.l.t., April 1, 1995. ACTION: Emergency interim rule; red king crab at these stations was FOR FURTHER INFORMATION CONTACT: response to comments. significantly greater in 1993 compared Andrew N. Smoker, 907–586-7228. to 1994. The distribution of crab SUMMARY: SUPPLEMENTARY INFORMATION: The NMFS responds to comments indicated from summer trawl surveys groundfish fishery in the GOA exclusive submitted on the interim emergency may not represent the distribution of economic zone is managed by NMFS rule closing a portion of the Bering Sea various stock components during winter according to the Fishery Management to trawl vessels to protect red king crab. months; however, because no recent Plan for Groundfish of the Gulf of NMFS published this emergency rule in winter trawl survey data exist, NMFS Alaska (FMP) prepared by the North the Federal Register on January 25, must use the best available scientific Pacific Fishery Management Council 1995 for comment. No change in the data as a basis for the closure under authority of the Magnuson trawl closure was made as a result of determination. Fishery Conservation and Management this action. Available observer data on the sex Act. Fishing by U.S. vessels is governed DATES: The emergency interim rule composition of Bristol Bay red king crab by regulations implementing the FMP at published at 60 FR 4866, January 25, taken as bycatch in the trawl fisheries 50 CFR parts 620 and 672. 1995, is effective January 20, 1995, are limited. Sex composition data In accordance with § 672.20(f)(1)(i), through April 25, 1995. collected in 1993 for observed hauls the deep-water species fishery, which is between 56° and 56°10′ N. lat. show FOR FURTHER INFORMATION CONTACT: Kaja defined at § 672.20(f)(1)(i)(B)(2), was about one third of the crab sampled for Brix, 907–586–7228. apportioned 100 metric tons of Pacific sex composition were females. Between halibut prohibited species catch for the SUPPLEMENTARY INFORMATION: NMFS 56° and 57° N. lat. almost 80 percent of first season, the period January 20, 1995, published an emergency interim rule in the crab sampled for sex composition through March 31, 1995 (60 FR 8470, the Federal Register on January 25, were females. Despite the fact that the February 14, 1995). 1995 (60 FR 4866) that implemented a red king crab bycatch limit is still in The Director, Alaska Region, NMFS, closure to trawl vessels in the Bristol place and the rock sole fishery can still has determined, in accordance with Bay area of the Bering Sea. The closure take the same number of crab, inclusion § 672.20(f)(3)(i), that vessels area encompasses the area from 56° to of the area between 56° and 56°10′ N. participating in the trawl deep-water 57 ° N. lat. and 162° to 164° W. long. lat. provides greater protection to female species fishery in the GOA have caught and is intended to protect female red red king crab. the first seasonal bycatch allowance of king crab, in view of the declining Comment 2. The emergency rule was Pacific halibut apportioned to that Bristol Bay red king crab stocks. Two undertaken without any economic fishery. Therefore, NMFS is prohibiting letters of comment on the emergency analysis of the impact of the closure on directed fishing for each species and rule were received within the comment the trawl fisheries. It was undertaken species group that comprises the deep- period and are summarized in the without any analysis of the impact of water species fishery by vessels using ‘‘Response to Comments’’ section, other fisheries, such as the C. bairdi trawl gear in the GOA. The species and below. After review of the comments Tanner crab and red king crab fisheries, species groups that comprise the deep- received, NMFS determined that no on Bristol Bay red king crab stocks. water species fishery are: All rockfish of change to the emergency rule is Response. The short time frame that the genera Sebastes and Sebastolobus, warranted. was available to implement the 16588 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations emergency rule precluded an extensive address concerns about the red king a subsequent addendum to the EA economic analysis. However, the crab resource on a long-term basis. A indicated the amount of bycatch in the emergency rule does contain economic bycatch simulation model is also being various closure options. This information that was considered in updated to analyze the impacts of these information was used to determine the making the decision for the most alternative closure areas on the affected potential savings in red king crab appropriate closure area. A more fisheries. The Council is scheduled to bycatch and the impacts on other comprehensive economic analysis will take action on the FMP amendment at prohibited species bycatch. be conducted for alternative time/area its April 1995 meeting. NMFS approved Dated: March 27, 1995. the closure area implemented under the closures being considered by the Nancy Foster, Council for an amendment to the emergency rule based on the best data that was available at the time. Deputy Assistant Administrator for Fisheries, Fishery Management Plan (FMP) for the Data that were presented in both the National Marine Fisheries Service. Groundfish Fishery of the Bering Sea original environmental assessment (EA) [FR Doc. 95–7904 Filed 3–30–95; 8:45 am] and Aleutian Islands area that would prepared for the emergency rule and in BILLING CODE 3510±22±F 16589 Proposed Rules Federal Register Vol. 60, No. 62 Friday, March 31, 1995 This section of the FEDERAL REGISTER Agreement Act of 1937, as amended (7 DEPARTMENT OF LABOR contains notices to the public of the proposed U.S.C. 601–674), and the applicable issuance of rules and regulations. The rules of practice and procedure Mine Safety and Health Administration purpose of these notices is to give interested governing the formulation of marketing persons an opportunity to participate in the 30 CFR Parts 14, 18, and 75 rule making prior to the adoption of the final agreements and marketing orders (7 CFR rules. Part 900). RIN 1219±AA92 Dated: March 27, 1995. Requirements for Approval of Flame- DEPARTMENT OF AGRICULTURE Kenneth C. Clayton, Resistant Conveyor Belts Acting Administrator. AGENCY: Mine Safety and Health Agricultural Marketing Service Administration, Labor. [FR Doc. 95–7962 Filed 3–30–95; 8:45 am] 7 CFR Part 1099 ACTION: Proposed rule; reopening of the BILLING CODE 3410±02±P record; request for public comment and [DA±95±10] notice of public hearing. Milk in the Paducah, Kentucky SUMMARY: The Mine Safety and Health Marketing Area; Extension of Time for NUCLEAR REGULATORY Administration (MSHA) is reopening Filing Comments on Proposed COMMISSION the rulemaking record on proposed Termination of the Order revisions to requirements for approval of flame-resistant conveyor belts for use AGENCY: Agricultural Marketing Service, 10 CFR Parts 170 and 171 in underground mines. Subsequent to USDA. RIN 3150±AE20 the record closing on the conveyor belt ACTION: Extension of time for filing proposal, MSHA published another comments to proposed termination of proposed rule which would allow order. Revision of Fee Schedules; 100% Fee Recovery, FY 1995; Correction independent laboratories to test and evaluate certain products MSHA SUMMARY: This notice extends the time for filing comments on the proposed AGENCY: Nuclear Regulatory approves for use in underground mines. To allow comment on the applicability termination of the order regulating the Commission. of the independent laboratory proposal handling of milk in the Paducah, ACTION: Revision of Fee Schedules; to conveyor belt testing, submission of Kentucky, marketing area. The time has 100% Fee Recover, FY 1995: Correction. new relevant data, or updating of been extended 17 days to April 10, comments previously submitted, the 1995, at the request of interested Agency is reopening the rulemaking persons. SUMMARY: This document corrects a record on the conveyor belt proposal DATES: Comments now are due on or notice appearing in the Federal Register and scheduling a public hearing. before April 10, 1995. on Monday, March 20, 1995 (60 FR DATES: Written comments must be ADDRESSES: Comments (two copies) 14670). The action is necessary to submitted on or before April 21, 1995. should be filed with the USDA/AMS/ correct a typographical error. The public hearing will be held on Dairy Division, Order Formulation Tuesday, May 2, 1995, beginning at 9 FOR FURTHER INFORMATION CONTACT: Branch, Room 2971, South Building, a.m. All written requests to make oral P.O. Box 96456, Washington, DC 20090– C. James Holloway, Jr., Office of the presentations for the record should be 6456. Controller, U.S. Nuclear Regulatory submitted at least 5 days prior to the FOR FURTHER INFORMATION CONTACT: Commission, Washington, DC 20555, hearing date. Requests may also be Gino M. Tosi, Marketing Specialist, Telephone 301–415–6213. made by calling the MSHA Office of Order Formulation Branch, USDA/ On page 14679, Table V, item 2, add Standards at 703–235–1910. AMS/Dairy Division, Room 2971, South the word ‘‘on’’ so that the sentence The public record for the rulemaking Building, P.O. Box 96456, Washington, reads: ‘‘Activities not assessed Part 170 will close on June 2, 1995. DC 20090–6456, (202) 690–1366. licensing and inspection fees or Part 171 ADDRESSES: Send written comments and SUPPLEMENTARY INFORMATION: Prior annual fees based on existing law or requests to make oral presentations to documents in this proceeding: Commission policy:’’ MSHA; Office of Standards, Proposed Termination of Order: Regulations, and Variances; 4015 Issued March 3, 1995; published March Dated this 27th day of March, 1995. Wilson Boulevard, Room 631; 9, 1995 (60 FR 12907). For the Nuclear Regulatory Commission. Arlington, Virginia 22203. Commenters Notice is hereby given that the time are encouraged to submit comments on for filing comments to the proposed Michael T. Lesar, a computer disk along with a hard copy. termination of the order regulating the Chief, Rules Review Section, Rules Review The location and address for the handling of milk in the Paducah, and Directives Branch, Division of Freedom public hearing is: Holiday Inn Kentucky, marketing area is hereby of Information and Publications Services, Meadowlands, 340 Racetrack Road, extended from March 24, 1995, to April Office of Administration. Washington, PA 15301. The Holiday Inn 10, 1995. is adjacent to the Meadows Racetrack in [FR Doc. 95–7936 Filed 3–30–95; 8:45 am] This notice is issued pursuant to the Meadowlands approximately 5 miles provisions of the Agricultural Marketing BILLING CODE 7590±01±M north of Washington, PA. 16590 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Proposed Rules FOR FURTHER INFORMATION CONTACT: The purpose of the public hearing is issue. MSHA will make available its Patricia W. Silvey, Director, Office of to receive relevant comment and to data on repeatability of the proposed Standards, Regulations, and Variances, answer questions concerning the test. In addition, MSHA requests any 703–235–1910. proposal. The hearing will be conducted information or data regarding in an informal manner by a panel of repeatability and reproducibility, SUPPLEMENTARY INFORMATION: MSHA officials. Although formal rules particularly from those parties and I. Background of evidence will not apply, the presiding individuals who have installed the official may exercise discretion in proposed test apparatus and have used On December 24, 1992, MSHA excluding irrelevant or unduly the proposed test in evaluation of published a proposed rule to implement repetitious material and questions. The conveyor belts. new procedures and requirements for order of appearance will be determined Several commenters indicated that testing and approval of flame-resistant by the Agency prior to the hearing, and parameters such as humidity, conveyor belts and requirements for any unallotted time will be made temperature, atmospheric pressure, and their use in underground coal mines (57 available to persons making late airflow changes affect the proposed test FR 61524). The proposed revision requests. results. In the development of the would replace the existing flame test for The hearing will begin with an proposed test, factors such as airflow acceptance of flame-resistant belts opening statement from MSHA. The and temperature were considered. The specified in Agency regulations. public will then be given the proposal specifies controlling the Because of the fire hazards in opportunity to make oral presentations. temperature of the roof of the test underground coal mines, existing The hearing panel will be available to apparatus and the temperature of the air MSHA safety standards require that answer relevant questions during the entering the test chamber. Also, the conveyor belts be flame-resistant in presentations. At the discretion of the proposal specifies control of the airflow accordance with specifications of the presiding official, speakers may be through the apparatus to 200 plus or Secretary and pass the flame test for limited to a maximum of 20 minutes for minus 20 ft/min (61 plus or minus 6 m/ conveyor belting specified in 30 CFR their presentations. At the end of the min). In addition, a variety of other 18.65. The comment period closed on hearing, time will be made available for parameters, such as different airflows, March 26, 1993. Several commenters rebuttal statements. Verbatim transcripts different lengths and widths of test requested that the Agency hold public of the proceedings will be taken and samples, and variations in the duration hearings. made part of the rulemaking record, and of the ignition time, were evaluated will be made available for review by the during development of the proposed On November 30, 1994, the Agency public. test. This information was used in proposed a new part 6 to 30 CFR which At the time of the hearing, MSHA will designing the proposed test and would allow independent testing also accept written comments and establishing its comparison with the laboratories to test and evaluate certain appropriate data from any party, large-scale fire test results. MSHA mining products for use in underground including those not presenting oral requests specific information or data on mines, as well as allow the use of statements. Written comments and data the experience that manufacturers and equivalent testing and evaluation will be included in the rulemaking other parties may have with respect to requirements (59 FR 61376). Under the record. The record will remain open the effect of parameters on the proposed proposal, an independent laboratory until June 5, 1995, to allow for the test, such as temperature, humidity, recognized by the Occupational Safety submission of any post-hearing atmospheric pressure, and airflow and Health Administration (OSHA) as a comments. changes. nationally recognized testing laboratory In its comments on the proposed rule, would conduct product testing and II. Issues Factory Mutual, Norwood, MA, evaluation currently done by MSHA Although commenters questioned a suggested that MSHA consider a according to MSHA’s testing and number of provisions contained in the conveyor belt test developed by its evaluation requirements. Upon request proposal, some portions of the rule personnel from which a ‘‘fire by an applicant, the new proposal raised issues of particular concern and propagation index’’ could be would also enable the Agency to MSHA will address the following issues determined. Factory Mutual indicated approve products based upon testing at the public hearing and specifically that its test correlated with large-scale and evaluation requirements other than solicits comments, data, and pertinent conveyor belt fire tests conducted by the MSHA’s, provided that the alternative information on them, in addition to any U.S. Bureau of Mines in conjunction requirements are equivalent to the other aspect of the proposed rule. with MSHA. MSHA requests Agency’s and provide at least the same information from Factory Mutual and A. Proposed Test measure of protection to miners. Several other organizations and individuals that commenters on the independent The repeatability and reproducibility have used or have obtained data from laboratory testing proposal questioned of the proposed conveyor belt test was the Factory Mutual test or any other test how it would relate to the conveyor belt questioned by several commenters. The that compares to the proposed test. proposal. Since publication of the Agency considers ‘‘repeatability’’ to independent laboratory testing proposal mean the degree of duplication of test B. Pollution Control occurred after the close of the conveyor results for a sample using a single Another issue on which commenters belt record, MSHA is reopening the apparatus in a specific laboratory or expressed concern was the impact the conveyor belt record for a limited period location. ‘‘Reproducibility’’ is proposed test may have on the of time prior to holding a hearing. This considered by MSHA to mean the environment and what pollution will allow all parties to comment on the degree of duplication of test results for controls may be necessary as a result of applicability of the independent a sample using the same type of the emissions from the testing of laboratory proposal to conveyor belt apparatus in a multitude of laboratories conveyor belts. MSHA is interested in testing, to submit new relevant data, or or locations. More than 700 individual hearing from manufacturers who have to update comments previously tests have been conducted by MSHA installed the proposed conveyor belt test submitted. and serve as a data base to address this apparatus and performed testing of Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Proposed Rules 16591 conveyor belts as to the method of Some manufacturers and other parties Development Branch, Regulation pollution control that is used or is have installed the proposed MSHA test Development Section (AR–18J), U.S. necessary to perform testing using the apparatus to conduct research and Environmental Protection Agency, proposed test. testing on samples of conveyor belts. Region 5, Chicago, Illinois 60604, (312) MSHA also requests information from 886–3299. C. Combustion Toxicity interested parties on the research and SUPPLEMENTARY INFORMATION: Some commenters indicated that development costs for conveyor belt conveyor belts passing the proposed meeting the new test. I. Background tests would present more of a toxic Dated: March 27, 1995. The air quality planning requirements hazard than conveyor belts meeting the J. Davitt McAteer, for moderate PM nonattainment areas present MSHA acceptance test. MSHA Assistant Secretary for Mine Safety and are set out in Title I of the amended requests any information or data from Health. Act. 1 The USEPA has issued a ‘‘General manufacturers and other parties on the [FR Doc. 95–8018 Filed 3–30–95; 8:45 am] Preamble’’ describing USEPA’s comparison or assessment of the preliminary views on how USEPA BILLING CODE 4510±43±P combustion toxicity of conveyor belts intends to review SIPs and SIP revisions meeting the present acceptance test and submitted under Title I of the amended belts meeting the proposed test. Act, including those State submittals ENVIRONMENTAL PROTECTION containing moderate PM nonattainment D. Quality Assurance AGENCY area SIP requirements (see generally 57 Commenters also questioned the 40 CFR Part 52 FR 13498, April 16, 1992). The reader proposal regarding the quality assurance should refer to the General Preamble for (control) program for maintaining [IN32±1±6006; FRL±5180±8] a more detailed discussion of the interpretations of Title I advanced in conveyor belt as approved. One Approval and Promulgation of this proposed rule and the supporting commenter suggested that inspection of Implementation Plans; Indiana ingredients alone could not ensure that rationale. In this proposed rule on the conveyor belting is manufactured as AGENCY: Environmental Protection Indiana moderate PM SIP submittal for approved, suggesting that a flame test is Agency. the Lake County nonattainment area, needed for this assurance. MSHA ACTION: Proposed rule. USEPA is proposing to apply the requests information on the current interpretations as expressed in the practices manufacturers use in their SUMMARY: The United States General Preamble, taking into quality control programs to maintain a Environmental Protection Agency consideration the special factual issues product as approved. MSHA is (USEPA) proposes to approve State presented. particularly interested in whether Implementation Plan (SIP) revision Part D of Title I contains the manufacturers flame test belts using the request submitted by the State of provisions applicable to nonattainment MSHA acceptance test indicated in 30 Indiana for the purpose of bringing areas. Moderate PM nonattainment areas CFR 18.65, inspect or control about the attainment of the National must meet the applicable requirements ingredients, or perform a combination of Ambient Air Quality Standards set out in Subparts 1 (sections 171–179B both. (NAAQS) for particulate matter with an of the Act) and 4 (sections 188–190 of aerodynamic diameter less than or equal the Act) of Part D. Subpart 1 contains E. Cost Data to a nominal 10 micrometers (PM). The provisions generally applicable to all Commenters provided a range of data SIP revision request was submitted by nonattainment areas and Subpart 4 on the financial impact of the proposed the State to satisfy certain Federal contains provisions specifically rule, which included costs of belting requirements for an approvable applicable to PM nonattainment areas. passing the proposed flame test (‘‘new’’ nonattainment area PM SIP for the Lake At times, Subparts 1 and 4 overlap or belt), total dollar amount of the County nonattainment area. This area conflict. USEPA has attempted to clarify conveyor belt market, and belt service was designated nonattainment for PM the relationship among these various life information. MSHA solicits and classified as moderate by the Clean provisions in the General Preamble and, comments and data on the economic Air Act (Act), upon enactment of the as appropriate, in this proposed rule. Under Part D, those States containing impact to all belt manufacturers and all 1990 Amendments (amended Act). The initial moderate PM nonattainment underground coal mines, including amended Act requires that States make areas were required to submit, among small manufacturers and small mine plan submittals by November 15, 1991, other things, the following provisions by operators. In particular, MSHA requests for those areas designated November 15, 1991: information for both rubber and PVC nonattainment and classified as 1. Provisions to assure that reasonably types of conveyor belt on: (1) the moderate for PM upon enactment (the available control measures (RACM) quantity of belt (in feet or meters) ‘‘initial moderate nonattainment areas’’). (including such reductions from currently in use that would pass the DATES: Comments on this SIP revision existing sources in the area as may be proposed test; (2) the total quantity (in request and on USEPA’s proposed obtained through the adoption, at a feet or meters) and dollar amount of the rulemaking action must be received by minimum, of reasonably available market for conveyor belt used in May 1, 1995. control technology—RACT) shall be underground coal mines; (3) the cost of ADDRESSES: Written comments should implemented; belt that will pass the proposed flame be addressed to: J. Elmer Bortzer, Chief, Regulation Development Section, test (‘‘new’’ belt) versus belt that passes 1 The 1990 Amendments to the Act made the current MSHA flame test (‘‘old’’ Regulation Development Branch (AR– significant changes to the air quality planning belt); (4) whether costs of the ‘‘new’’ belt 18J), United States Environmental requirements for areas that do not meet (or that will decline as production increases and Protection Agency, 77 West Jackson significantly contribute to ambient air quality in a Boulevard, Chicago, Illinois 60604. nearby area that does not meet) the PM national by how much; and (5) the life and ambient air quality standards (see Pub. L. No. 101– warranty of ‘‘new’’ belt versus ‘‘old’’ FOR FURTHER INFORMATION CONTACT: 549, 104 Stat. 2399). References herein are to the belt. David Pohlman, Regulation Clean Air Act, as amended, 42 U.S.C. 7401 et seq. 16592 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Proposed Rules 2. Either a demonstration (including While some of these rules apply submittal was found to be complete and air quality modeling) that the plan will strictly to Lake County, others (marked a letter dated July 13, 1993, was sent to provide for attainment as expeditiously above with an asterisk) are intended to the Commissioner, Office of Air as practicable but no later than have state-wide applicability. The Management, Indiana Department of December 31, 1994, or a demonstration USEPA is proposing to approve the Environmental Management (IDEM), that attainment by that date is rules marked above with an asterisk for indicating the completeness of the impracticable; the entire state of Indiana. The others submittal and the next steps to be taken 3. Quantitative milestones which are are being approved for sources in Lake in the review process. to be achieved every 3 years and which County only. 2. Accurate Emissions Inventory demonstrate reasonable further progress Public comments are solicited on the Section 172(c)(3) of the Act requires (RFP) toward attainment by December requested SIP revision and on USEPA’s that nonattainment plan provisions 31, 1994; and proposed rulemaking action. The USEPA will consider any comments include a comprehensive, accurate, 4. Control requirements applicable to received during the public comment current inventory of actual emissions major stationary sources of PM period before taking final action on the from all sources of relevant pollutants in precursors, except where the requested SIP revision. Presented below the nonattainment area. Further, for the Administrator determines that such are the SIP requirements under which attainment demonstration, the SIP must sources do not contribute significantly the submittal was reviewed, and the contain a comprehensive, accurate, and to PM levels which exceed the NAAQS results of USEPA’s review. current inventory of allowable in the area. See sections 172(c), 188, and emissions in the area. Because the 189 of the Act. 1. Procedural Requirements submission of an emissions inventory is II. Analysis of State Submittal The Act requires States to observe necessary to an area’s attainment certain procedural requirements in demonstration (or demonstration that Section 110(k) of the Act sets out developing implementation plans for the area cannot practicably attain), the provisions governing USEPA’s review of submission to USEPA. Section 110(a)(2) emissions inventory must be received SIP submittals (see 57 FR 13565–13566). of the Act provides that each with the submission (see 57 FR 13539). In this proposed rule, USEPA is implementation plan submitted by a The emissions inventory information proposing to approve the SIP revision State must be adopted after reasonable was compiled from data supplied by request submitted to USEPA on June 16, notice and public hearing.2 individual companies, permit 1993, and supplemented on December The USEPA also must determine applications in the IDEM files, and 9, 1993, September 8, 1994, and whether a submittal is complete and information from personnel at local November 17, 1994, for the Lake County therefore warrants further USEPA agencies. The emissions inventory nonattainment area. The submittal review and action (see section 110(k)(1) contains information on approximately repeals rules 326 Indiana and 57 FR 13565). The USEPA’s 900 point and area sources. The Lake Administrative Code (IAC) 5–1–6, 6–1– completeness criteria for SIP submittals County PM emissions inventory is 10, and 6–1–11. The submittal contains are set out at 40 CFR part 51, appendix dominated by industrial sources, the following new or revised rules: V (1991), as amended by 57 FR 42216 including metal manufacturers, mineral 326 IAC 1–2–32.1* .. ‘‘Gooseneck cap’’ (August 26, 1991). The USEPA attempts product manufacturers, and food/ definition to make completeness determinations agricultural facilities. For further 326 IAC 1–2–34.1* .. ‘‘Jumper pipe’’ defi- within 60 days of receiving a submittal. information on the emissions inventory, nition However, a submittal is deemed see the Technical Support Document 326 IAC 1–2–62.1* .. ‘‘Quench car’’ defini- complete by operation of law if a available at the above address. tion completeness determination is not made The USEPA is proposing to approve 326 IAC 1–2–63.1* .. ‘‘Quench reservoir’’ the emissions inventory because it is definition by USEPA 6 months after receipt of the 326 IAC 1–2–63.2* .. ‘‘Quench tower’’ def- submission. generally accurate and comprehensive, inition The State of Indiana held a public and provides a sufficient basis for 326 IAC 5–1–1* ...... Applicability of rule hearing on October 22, 1992, in Gary, determining the adequacy of attainment 326 IAC 5–1–2* ...... Visible emission lim- Indiana to receive public comment on demonstration for this area consistent itations the requested implementation plan with the requirements of sections 326 IAC 5–1–3* ...... Temporary exemp- revision for the Lake County PM 172(c)(3) and 110(a)(2)(k) of the Act. tions nonattainment area. Following the 326 IAC 5–1–4* ...... Compliance deter- 3. RACM (Including RACT) public hearing the plan was adopted by mination As noted above, the State must submit 326 IAC 5–1–5* ...... Violations the State on May 12, 1993, and submitted to USEPA on June 16, 1993, provisions for initial moderate PM 326 IAC 5–1–7* ...... State implementation nonattainment areas to assure that plan revisions as a SIP revision request. Supplemental RACM (including RACT) are 326 IAC 6–1–10.1(a– Lake County PM10 submittals were made with cover letters k). emissions require- dated December 9, 1993, September 8, implemented (see sections 172(c)(1) and ments 1994, and November 17, 1994. 189(a)(1)(C)). The General Preamble 326 IAC 6–1–10.2 .... Lake County PM10 The SIP revision request was contains a detailed discussion of coke battery emis- reviewed by USEPA to determine USEPA’s interpretation of the RACM sions requirements completeness shortly after its submittal, (including RACT) requirement (see 57 326 IAC 6–1–11.1 .... Lake County fugitive FR 13539–13545 and 13560–13561). particulate matter in accordance with the completeness criteria set out at 40 CFR part 51, The USEPA’s interpretation of this control require- requirement is set out here only in ments appendix V (1991), as amended by 57 326 IAC 11–3–2(a–f Emission limitations FR 42216 (August 26, 1991). The broad terms. and i)*. The State should first identify 326 IAC 11–3–4* ..... Compliance deter- 2 Also, Section 172(c)(7) of the Act requires that available control measures and evaluate mination plan provisions for nonattainment areas meet the them for their reasonableness in light of applicable provisions of Section 110(a)(2). the feasibility of the controls and the Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Proposed Rules 16593 attainment needs of the area. A State ton (lb/ton), pounds per hour (lbs/hr), 88348 of the Industrial Source Complex may reject an available control measure pounds per Million British Thermal Short Term model (ISCST). An updated if the measure is technologically Units (lb/MMBTU), and grains per dry version of ISCST, 90346, was used for infeasible or the cost of the control is standard cubic foot (gr/dscf). There are the final runs. Version 93109 of the unreasonable. The State must also source-specific opacity limits Industrial Source Complex Long Term demonstrate attainment of the NAAQS ranging from 5–20 percent on certain model (ISCLT2) was used to determine as expeditiously as practicable but no sources in the nonattainment area. annual average concentrations. Version later than December 31, 1994, unless the These limits are listed in Title 326 93109 is the most recent version of State demonstrates that attainment by Indiana Administrative Code (326 IAC) ISCLT2, and the versions of ISCST used that date is impracticable. Therefore, if 6–1–10.1. Compliance with these by the State were current at the time of a State adopts less than all available emissions limits is to be determined application. Therefore, their use is measures but demonstrates, adequately using Title 40 of the Code of Federal approvable by USEPA. Future SIP and appropriately, that RFP and Regulations, part 60 (40 CFR part 60), revision requests submitted to USEPA attainment of the PM NAAQS is appendix M, Methods 201 and 201A for must demonstrate attainment of the assured, and application of all such PM; 40 CFR part 60, appendix A, NAAQS through modeling performed in available measures would not result in Methods 5, 5A, 5D, 5E or 17 for Total accordance with current USEPA attainment any faster, then a plan which Suspended Particulate; and 40 CFR part modeling guidance. requires implementation of less than all 60, appendix A, Method 9 for opacity IDEM modeled a total of 540 sources, available measures may be approved as limits. Other limitations on point all with emissions greater than one ton meeting the RACM requirement. As a sources include emission limits on coke per year. Smaller sources were excluded suggested starting point, USEPA has ovens located in Lake County (326 IAC from the modeling. Direction-specific identified reasonably available control 6–1–10.2) and a general 20 percent building dimensions were input for measures for sources of fugitive dust, opacity limit for all sources in the facilities which chose to provide the residential wood combustion, and nonattainment area (326 IAC 5–1–2). information. The annual concentrations prescribed burning (see 57 FR 18072– Limitations on sources of fugitive modeled represent the actual hours of 18074, April 28, 1992). The State should emissions in Lake County include a 10 operation of sources which contributed add to the list of available measures in percent opacity limit for paved roads significantly to high annual an area any measures that public and parking lots, unpaved roads and concentrations. commenters demonstrate may well be parking lots, and wind erosion from Average background concentrations storage piles (326 IAC 6–1–11.1(d)). reasonably available in a particular for each wind sector were derived from Subsection (e) of this rule also requires circumstance. measurements taken at ten local PM sources to submit control plans which The RACT for a particular source is monitors during the years 1990 through will achieve compliance with the similarly determined. The USEPA’s 1992. The monitors were located in limitations of subsection (d). These longstanding definition of RACT is the Lake County, Indiana; Porter County, plans are to include maps and lowest emission limitation that a Indiana; and Cook County, Illinois. descriptions of facilities, descriptions of particular source is capable of meeting While the background concentrations the proposed control measures and by the application of control technology were developed so as not to include practices to be implemented, and a that is reasonably available considering measurements directly influenced by schedule for achieving compliance with technological and economic feasibility the emissions from large facilities, (see 57 FR 13541). Thus, USEPA the rule. The USEPA has reviewed the State’s monitors within the modeled area were recommends that available control explanation and associated expected to account for the influence of technology be applied to those existing documentation and concluded that it small sources which were not included sources in the area that are reasonable adequately justifies the control in the modeled source inventory. IDEM to control in light of the attainment measures to be implemented. By this arrived at an average annual background needs of the area and the feasibility of notice, USEPA is proposing to approve concentration of 23 micrograms per controls.3 µ 3 the control strategy. cubic meter ( g/m ). A State should submit a reasoned IDEM ran the models with five years justification for partial or full rejection 4. Attainment Demonstration of meteorological data (1984–1988) from of any available control measure As noted above, the State must submit the Hammond and Whiting Towers, (including any available control a demonstration for initial moderate PM which are located in Lake County. technology) that explains, with nonattainment areas (including air IDEM’s final receptor network focused appropriate documentation, why each quality modeling) showing that the plan on hot spots pinpointed by earlier rejected control measure is infeasible or will provide for attainment as modeling runs. Receptors were also otherwise unreasonable and, therefore, expeditiously as practicable but no later placed in Illinois in order to assess does not constitute RACM (or RACT) for than December 31, 1994 (see section interstate impacts. Modeling showed the area. In those PM nonattainment 189(a)(1)(B) of the Act). Alternatively, that the Indiana sources did not violate areas where mobile sources significantly the State must show that attainment by the NAAQS in Illinois. contribute to the PM air quality December 31, 1994 is impracticable. In The final modeling shows that the problem, States also must address the the General Preamble, USEPA indicated Lake County PM nonattainment area section 108(f) transportation control that the attainment demonstrations for will attain the 24-hour PM standard. measures (see 57 FR 13561). the initial moderate areas must follow The highest sixth high predicted 24- The limitations on point sources in existing modeling guidelines for PM or, hour concentration is 149.9 µg/m3 (the Lake County include source-specific if appropriate, may be developed 24-hour PM standard is 150 µg/m3). The emissions limits in terms of pounds per consistent with the supplemental final modeling also predicts attainment attainment demonstration policy issued of the annual PM standard. The highest 3 USEPA has issued technological and economic parameters that should be considered in for initial areas (see 57 FR 13539). 5-year average predicted PM µ 3 determining RACT for a particular source (see 57 IDEM began the Lake County concentration is 47.7 g/m (the FR 18073–74). modeling study in 1989, using version standard is 50 µg/m3). 16594 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Proposed Rules To have attained the PM NAAQS, an nonattainment area. Besides the close For the initial moderate PM area must have an average of no more proximity, these sites are also nonattainment areas, the emissions than 1.0 expected exceedance of the 24- appropriate because the source mix in reductions progress made between the hour PM NAAQS per year for the southeast Chicago closely approximates SIP submittal due date of November 15, previous 3 years at any monitor. In that of the Lake County nonattainment 1991 and the attainment date of addition, the average of the annual PM area. December 31, 1994, (only 46 days concentrations for the previous 3 years The mean sulfate concentration plus beyond the November 15, 1994 at any monitor must be below the the mean nitrate concentration for the milestone date) will satisfy the first annual standard. Washington school and Bright school milestone requirement. The de minimis A preliminary review of the Lake monitors were 13.1µg/m3 and 14.9µg/m3 timing differential makes it County air quality monitoring data respectively. This compares to an administratively impracticable to indicates that the area is attaining the average annual background PM require separate milestone and PM NAAQS. No monitor in the Lake concentration of 23µg/m3 in the Lake attainment demonstrations. County area has shown an exceedance County nonattainment area. This In implementing RFP for an initial of the annual PM NAAQS in the last 3 illustrates the relative insignificance of moderate area, USEPA has reviewed the years. In addition, the worst-case the impact of PM precursors, and attainment demonstration and control monitor in the Lake County PM supports representing PM precursor strategy for the area to determine nonattainment area shows an average of impacts as part of the background whether the initial milestones have been 0.75 expected exceedance per year for concentration. satisfied, and to determine whether 1992, 1993, and 1994. The USEPA will Further considerations also argue annual incremental reductions different make a formal determination of the against applying the same control from those provided in the SIP may be attainment status of the Lake County PM requirements for precursor sources as necessary to ensure attainment of the PM NAAQS by December 31, 1994 (see nonattainment area at a later date. for direct emission sources. The section 171(1)). As indicated, Indiana’s 5. PM Precursors climatology in northwest Indiana is PM SIP submittal for the Lake County such that precursor emission control for The control requirements which are PM nonattainment area shows that the a particular source would not have a applicable to major stationary sources of PM NAAQS will be attained by significant effect until far downwind. PM must also apply to major stationary December 31, 1994. Also, a preliminary Title IV of the Clean Air Act mandates sources of PM precursors unless the review of the monitored air quality data significant particulate precursor USEPA determines such sources do not shows that the area is in attainment of emission reductions in Indiana, after contribute significantly to PM levels the PM NAAQS. Therefore, the RFP which the impacts of these sources on which exceed the National Ambient Air requirement has been satisfied. Quality Standards in that area (see particulate matter concentrations will be section 189(e) of the Act). PM even less significant. 7. Enforceability precursors are pollutants emitted as For these reasons, it is appropriate to All measures and other elements in gases that undergo chemical conclude that precursors do not the SIP must be enforceable by the State transformations to become particulate, contribute significantly to particulate and USEPA. See sections 172(c)(6), and principally include sulfates and matter concentrations in the Lake 110(a)(2)(A) and 57 FR 13556. The nitrates. The control requirements that County nonattainment area. This USEPA criteria addressing the apply to major stationary sources in PM finding is based on the current character enforceability of SIPs and SIP revisions nonattainment areas generally include of the area including, for example, the were stated in a September 23, 1987 the following: reasonably available existing mix of sources in the area. It is memorandum (with attachments) from control technology, which applies in possible, therefore, that future growth the Assistant Administrator for Air and moderate PM nonattainment areas; best could change the significance of Radiation, et al., entitled ‘‘Review of available control technology, which precursors in the area. The USEPA State Implementation Plans and applies in serious PM nonattainment intends to issue future guidance Revisions for Enforceability and Legal areas; and control requirements under addressing such potential changes in the Sufficiency,’’ and with an attached the applicable new source review significance of precursor emissions in memorandum with the same date and provisions, such as the lowest an area. title which contained more detailed achievable emission rate. The General 6. Quantitative Milestones and guidance from the Associate Preamble (see 57 FR 13539–13540 and Reasonable Further Progress (RFP) Enforcement Counsel for Air 13541–13542) contains a lengthy Enforcement, et al. (see 57 FR 13541). discussion on control requirements for The PM nonattainment area plan The particular control measures PM precursors in moderate revisions demonstrating attainment contained in the SIP are addressed nonattainment areas and on the type of must contain quantitative milestones, above under the section headed ‘‘RACM technical information USEPA will rely which are to be achieved every 3 years, (including RACT).’’ These control on in making any determinations under until the area is redesignated to measures apply to the types of activities section 189(e). attainment. The plan also must identified in that discussion, including, Filter analysis data from ambient demonstrate RFP, as defined in section for example, grain loading limits, lb/ton monitors in Cook County, Illinois (the 171(1), toward attainment by December limits, and lb/MMBTU limits for point data was collected in 1992) were used 31, 1994 (see section 189(c) of the Act). sources and opacity limits for roadways to assess the significance of PM Reasonable further progress is defined and storage piles. The SIP provides that precursors in the Lake County, Indiana in section 171(1) as such annual these control measures apply to the PM nonattainment area. The monitors incremental reductions in emissions of Lake County nonattainment area. used are located at the Washington the relevant air pollutant as are required Upon initial review of Indiana’s School and the Bright School in the city by part D or may reasonably be required submittal, USEPA identified two of Chicago, Illinois. These monitors are by the Administrator for the purpose of enforcement concerns. The first located approximately .6 and 1.75 miles, ensuring attainment of the applicable enforcement concern was related to the respectively, west of the Lake County NAAQS by the applicable date. 20 percent opacity limit as it applies to Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Proposed Rules 16595 coal preheater bypass stacks at U.S. On January 25, 1994, a letter was sent revised by an October 4, 1993 Steel. A number of years ago, Indiana to the State indicating that the USEPA memorandum from Michael H. Shapiro, issued a variance to these stacks under was making a finding that the State of Acting Assistant Administrator for Air a previous State rule. The USEPA Indiana had failed to submit PM and Radiation. The Office of requested IDEM’s interpretation of how contingency measures for the Lake Management and Budget has exempted the variance relates to the new rule. On County PM nonattainment area. The this regulatory action from Executive November 17, 1994, IDEM submitted to letter also stated that Indiana would Order 12866 review. USEPA a letter clarifying this issue. In have 18 months from the date of the Under the Regulatory Flexibility Act, the letter, IDEM stated that ‘‘no variance letter to make a complete submission of 5 U.S.C. 600 et seq., USEPA must currently exists for the U.S. Steel. Any PM contingency measures before prepare a regulatory flexibility analysis variance from a previous, repealed rule USEPA would be mandated to impose assessing the impact of any proposed or that existed prior to the adoption of 326 sanctions as identified in section 179(b) final rule on small entities. 5 U.S.C. 603 IAC 5–1–2(2)(B) has been superseded by of the amended Act. The USEPA is and 604. Alternatively, USEPA may the revised PM rule.’’ Therefore, this currently working with IDEM to develop certify that the rule will not have a issue has been resolved. the required PM contingency measures. significant impact on a substantial The second enforcement concern was The USEPA will take separate number of small entities. Small entities related to the shutdown of the A. Metz rulemaking action on the contingency include small businesses, small not-for- Asphalt Company in Gary, Indiana. plan for the Lake County nonattainment profit enterprises, and government IDEM did not include this source in the area. entities with jurisdiction over emissions inventory because it is not populations of less than 50,000. III. USEPA’s Proposed Rulemaking currently operating, but the plant still Action SIP approvals under section 110 and has a limit in the State rules. The subchapter I, part D of the Act do not USEPA was concerned about the USEPA is proposing to approve the create any new requirements, but enforceability of the shutdown, and the plan revision submitted to USEPA by simply approve requirements that the possibility that the plant might resume the State of Indiana on June 16, 1993, State is already imposing. Therefore, operation. In a November 17, 1994, and supplemented on December 9, because the Federal SIP-approval does letter, IDEM assured USEPA that the A. 1993, September 8, 1994, and November not impose any new requirements, I Metz Asphalt Company has not 17, 1994, for the Lake County PM certify that it does not have a significant operated since 1989, and does not have nonattainment area. Among other impact on small entities affected. a valid operating permit. IDEM stated things, the State of Indiana has Moreover, due to the nature of the that restarting of operations at this plant demonstrated through modeling that the Federal-state relationship under the Act, would trigger Indiana’s new source Lake County moderate PM preparation of a regulatory flexibility review permitting process. Therefore, nonattainment area will attain the PM analysis would constitute Federal this issue has been resolved. NAAQS by December 31, 1994. In inquiry into the economic addition, a preliminary review of the 8. Contingency Measures reasonableness of state action. The Act monitored air quality data for the Lake forbids USEPA to base its actions As provided in section 172(c)(9) of the County area shows that this area is in concerning SIPs on such grounds. See Act, all moderate nonattainment area attainment of the NAAQS. Union Electric Co. v. U.S. E.P.A. , 427 SIPs that demonstrate attainment must As noted, additional submittals for U.S. 246, 256–66 (S. Ct. 1976); 42 include contingency measures. See the initial moderate PM nonattainment U.S.C. 7410(a)(2). generally 57 FR 13543–13544. areas are due at later dates. The USEPA Contingency measures should consist of will determine the adequacy of any such List of Subjects in 40 CFR Part 52 other available measures that are not submittals as appropriate. Air pollution control, part of the area’s control strategy. These USEPA is requesting comments on the Intergovernmental relations, Particulate measures were to have been submitted requested SIP revision and this matter, Reporting and recordkeeping by November 15, 1993, for initial proposed rule. As indicated at the outset requirements. moderate nonattainment areas. These of this dowment, USEPA will consider Authority: 42 U.S.C. 7401–7671q. measures must take effect without any comments received by May 1, 1995. further action by the State or USEPA, This action has been classified as a Dated: March 21, 1995. upon a determination by USEPA that Table 2 action by the Regional Valdas V. Adamkus, the area has failed to make RFP or attain Administrator under the procedures Regional Administrator. the PM NAAQS by the applicable published in the Federal Register on [FR Doc. 95–7718 Filed 3–30–95; 8:45 am] statutory deadline. January 19, 1989 (54 FR 2214–2225), as BILLING CODE 6560±50±P 16596 Notices Federal Register Vol. 60, No. 62 Friday, March 31, 1995 This section of the FEDERAL REGISTER Forest Service Toiyabe National Forest Land and contains documents other than rules or Resource Management Plan.’’ proposed rules that are applicable to the Notice of Intent to Prepare an In January, 1995, the Forest Service public. Notices of hearings and investigations, Environmental Impact Statement to released the Analysis of the committee meetings, agency decisions and Amend the Land and Resource Management Situation for the SMNRA. rulings, delegations of authority, filing of Management Plan for the Toyable petitions and applications and agency This document reviews the best statements of organization and functions are National Forest Spring Mountains available information on the ecosystems examples of documents appearing in this National Recreation Area and users of the Spring Mountains, and section. identifies the need for change in current AGENCY: Forest Service, USDA. management direction. Through the ACTION: Notice of intent to prepare an process of environmental analysis, the DEPARTMENT OF AGRICULTURE environmental impact statement. Forest Service will decide whether or not to amend the Forest Plan to address Cooperative State Research, Preparation of a general management needs for change identified in the Education, and Extension Service plan for the Spring Mountains National Analysis of the Management Situation. Recreation area as an amendment to the Changes are needed to: Committee of Nine; Meeting Toiyabe National Forest Land and Resource Management Plan (Forest —Meet the direction established in the Spring Mountains National Recreation In accordance with the Federal Plan); Toiyabe National Forest; Spring Mountains National Recreation Area; Area Act; Advisory Committee Act of October 6, —Improve ecosystem health and Clark and Nye Counties, Nevada. 1972, (Public Law 92–463, 86 Stat. 770– sustainability by protecting riparian 776), the Cooperative State Research, SUMMARY: Pursuant to the Spring areas, biodiversity hotspots, habitat Education, and Extension Service Mountains National Recreation Area Act for threatened, endangered, and announces the following meeting: (P.L. 103–63) and 36 CFR 219.10(f), the candidate species, and soil and water Forest Supervisor for the Toiyabe quality; Name: Committee of Nine. National Forest gives notice of the Date and Time: May 9, 1995, 1:00 p.m.— —Establish standards and guidelines to agency’s intent to prepare an 5:00 p.m.; May 10, 1995, 8:30 a.m.—5:00 protect heritage resources, wilderness environmental impact statement (EIS) p.m.; May 11, 1995, 8:30 a.m.—Noon. characteristics, scenic values, and for the decision to prepare a general Place: USDA, CSREES, 14th & other resources affecting the public management plan for the Spring Independence Avenue, S.W., Room 3854 use and enjoyment of the land; South Building, Washington, D.C. 20250. Mountains National Recreation Area —Respond to population growth and Type of Meeting: Open to the public. (SMNRA) as an amendment to the Land development in Las Vegas and Persons may participate in the meeting as and Resource Management Plan for the southern Nevada, and changes in time and space permit. Toiyabe National Forest. This public sentiment regarding Comments: The public may file written amendment would make specific management of the Spring Mountains; comments before or after the meeting with changes in the Forest Plan, as it applies —Identify opportunities for sustainable the contact person listed below. to the SMNRA. This notice includes a recreational use and development; Purpose: To evaluate and recommend summary of the proposed changes to the —Provide management direction for proposals for cooperative research on Forest Plan, a description of the need for lands transferred to the Forest Service problems that concern agriculture in two or these changes, and a brief description of under the Nevada Enhancement Act more States, and to make recommendations preliminary issues and potential of 1988; for allocation of regional research funds alternatives to the proposed —Establish ecosystem management as appropriated by Congress under the Hatch amendment. This notice also provides the organizing philosophy for Act for research at the State Agricultural estimated dates for filing the draft and management of the SMNRA; Experiment Stations. final EIS; information on future public —Identify goals, objectives, and desired Contact person for Agenda and more involvement; the name and address of future conditions for each ecological information: Dr. Walter R. Woods, Executive the responsible official; and the name of unit of the SMNRA; Secretary, U.S. Department of Agriculture, the person who can provide additional —Respond to changes in law and Cooperative State Research, Education, and information. direction in the eight years since the Extension Service, 14th & Independence DECISION TO BE MADE: The Spring Forest Plan was approved; and Avenue, S.W., Room 3341, South Building, Mountains National Recreation Area is —Establish a program of monitoring and Washington, D.C. 20250, Telephone: 202– currently managed under three separate evaluation to support adaptive 720–4088. land management plans, developed management of the SMNRA. Done at Washington, D.C., this 21st day of independently by different agencies The proposed amendment would not March 1995. under different authorities and make any changes in Forest-wide William D. Carlson, legislation. One of these is the Forest direction, or in management of other Acting Administrator, Cooperative State Plan, which also provides direction for portions of the Toiyabe National Forest. Research, Education, and Extension Service. the rest of the 4.5 million acre Toiyabe No irreversible or irretrievable [FR Doc. 95–7963 Filed 3–30–95; 8:45 am] National Forest. Public Law 103–63 commitment of resources (site-specific directs the Forest Service to ‘‘develop a actions) will be made as a result of this BILLING CODE 3410±22±M general management plan for the decision. The Forest Plan is a Recreation Area as an amendment to the programmatic document; projects to Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16597 implement it will involve site-specific identified in the Analysis of the goals or standards, or in management environmental analysis and appropriate Management Situation, and respond to direction for any other lands on the documentation. the significant issues. Toiyabe National Forest. DATES: The agency expects to file the Comments will be of most use to the The amendment process began with draft EIS (DEIS) with the Environmental planning team if received before August, the development of an Analysis of the Protection Agency and make it available 1995. Refer to the FOR FURTHER Management Situation (AMS) for the for public comment by November, 1995. INFORMATION CONTACT in this notice for Spring Mountains National Recreation The agency expects to file the final EIS the contact individual. Area (36 CFR 219.12(e)), which was by July, 1996. FOR FURTHER INFORMATION CONTACT: Jerry distributed on January 17, 1995. The AMS: MEETINGS AND PUBLIC INVOLVEMENT: Ingersoll, Planning Team Leader, Spring Based on public recommendations, Mountains National Recreation Area, —reflects the results of scientific scientific analysis, and the Analysis of 2881 S. Valley View, Suite 16, Las inventories and surveys; the Management Situation, the Toiyabe Vegas, NV 89102. (702) 873–8800. —compiles public sentiment and National Forest has prepared a proposed RESPONSIBLE OFFICIAL: The Forest suggestions; summarizes relevant law, regulation, amendment to the Forest Plan for Supervisor for the Toiyabe National Forest, located at 1200 Franklin Way, and policy; and consideration. The Forest Service identifies the need for change in current Sparks, NV 89431, is the Responsible invites comments and suggestions from management. Federal, State and local agencies, Official and deciding official for this The AMS brings together the best American Indian tribes, individuals, action. The Forest Supervisor may available scientific information to and organizations on issues concerning delegate this responsibility to an document the conditions and trends of the effects of this proposal. The agency Assistant Forest Supervisor in Las ecosystems and human uses in the has scheduled public meetings to Vegas. Spring Mountains. The public was present and discuss the proposed Forest SUPPLEMENTARY INFORMATION: Forest involved in identifying the need for Plan amendment at: planning is a dynamic process that changes to the Forest Plan, and many —Monday, April 10, 7:30 pm, Public builds upon new information and groups worked closely with the Library, Mt. Charleston, NV. conditions developed since adoption of planning team to develop the AMS. —Tuesday, April 18, 7:00 pm, Chamber a Forest Plan. Forest Plans may be Between May, 1994, and January, 1995, of Commerce, Pahrump, NV. amended as needed. The adoption of a the Forest Service held eight open —Tuesday, April 25, 6:00 pm, Cashman Forest Plan sets key decisions for the houses and public meetings, made more Field mtg rms, Las Vegas, NV. long-term management of a National than sixty presentations to groups and —Date to be arranged, Fire Station, Forest. These decisions can be described individuals, and solicited ideas from Mountain Springs, NV. as: more than 600 people. Copies of the The purpose of these meetings is to —Establishment of forest-wide multiple- AMS may be obtained by contacting the discuss the proposed changes to the use goals and objectives (36 CFR FOR FURTHER INFORMATION contact Forest Plan and to identify issues 219.11(b)); identified previously. associated with those changes. Written —Establishment of forest-wide Based upon the needs for change comments are encouraged. Additional management requirements, or identified in the AMS, the Forest meetings with individuals or groups standards and guidelines (36 CFR Service is proposing specific changes to will be arranged by request. 219.13); the long-term management direction for The Forest has an extensive public —Establishment of management area the Spring Mountains National mailing list of interested and affected direction (prescriptions and Recreation Area. The public is invited to people, developed during preparation of associated standards and guidelines) comment on the proposed changes and the Analysis of the Management applying to each specific management to identify alternatives to the proposal Situation, with additions based on area (36 CFR 219.11(c)); which address the needs identified in participation at each meeting. The —Designation of lands suited or not the AMS. Forest Service will continue to contact suited for timber production and everyone on the mailing list at each other resource management activities Proposed Action stage of the planning process to provide (36 CFR 219.14, 219.15, 219.20 and The Forest Service proposes to information and solicit input. Those 219.21); provide new management direction for interested in being added to the mailing —Establishment of monitoring and the Spring Mountains National list should call or write to the address evaluation requirements (36 CFR Recreation Area, one of five districts on below. 219.11(d)); and the Toiyabe National Forest. The In addition, the Forest has continuing —Recommendations to Congress for the proposal would: contact with federal, state and local establishment of Wilderness, Wild —designate two new management areas agencies such as the Nevada Division of and Scenic Rivers, Research Natural and realign one more to encompass Wildlife, the Nevada Division of State Areas, and other special designations, lands acquired through the Parks, the Bureau of Land Management, as appropriate. Enhancement Act; the U.S. Fish and Wildlife Service, the This proposed Forest Plan —unify management direction for the State Historic Preservation Office, the amendment is limited in scope. Changes SMNRA under a single management Clark County Planning Commission, are proposed in management area plan; and Congressional representatives. direction, suitability for resource —provide new management These agencies, governments and management, monitoring, and prescriptions for the SMNRA, contacts will continue to be part of the recommendations for special including goals, objectives, desired planning effort. designations for the Spring Mountains future condition, standards, and Additional public meetings will be National Recreation Area (less than 10% guidelines for each of the four scheduled in June to develop a wide of the land area of the Toiyabe National management areas involved; range of alternatives to the Proposed Forest). The proposed amendment —expand the Carpenter Canyon Amendment which address the needs would make no changes in forest-wide Research Natural Area to provide 16598 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices additional protection for the unique earth mounds) in road beds, and • THREATENED, ENDANGERED, AND resources of Carpenter Canyon; increased law enforcement. SENSITIVE SPECIES—The Spring —establish a program of monitoring and Topics outside the jurisdiction of the Mountains provide habitat for four evaluation specific to the SMNRA; Forest Service include those where the listed threatened and endangered and Forest Service does not have authority species, one species proposed for —identify opportunities for sustainable to act. These topics include issues listing, and 54 candidate species, recreational use and development. involving private land or land under the including 22 which occur nowhere The full text of the Proposed management of other federal agencies else in the world. Proposed Amendment to the Forest Plan is being (such as the BLM). Some people in the standards to protect these species distributed to the Forest Service’s Mt. Charleston area, for example, are are needed to provide for recovery mailing list of potentially interested and concerned over development of of listed species, and to keep affected parties. Copies are available additional lots in Kyle Canyon. This is candidate species from becoming upon request from the Spring a proper subject for Clark County, but threatened or endangered. The Mountains National Recreation Area not for the Forest Service, which has no proposed amendment would Planning Team. See FOR FURTHER jurisdiction over private land. include a conservation agreement INFORMATION CONTACT above. Administrative topics are those which with the U.S. Fish and Wildlife This proposal represents a starting relate to budget, personnel, or Service which could provide a basis point for discussion; the Forest Service administrative procedures, rather than for determinations not to list some candidate species. will consider all reasonable alternatives land management. These are topics • to the proposed Forest Plan amendment, which can be addressed through the WILDLIFE HABITAT—Wildlife of the including no action (leaving Forest Service directives system, and SMNRA includes native species management direction as it is). Public which do not generally require ranging from mule deer and desert comment on this proposal will be used environmental analysis. Examples in bighorn sheep to Palmers chipmunk to develop alternatives to the proposed this category include fees charged by the and chuckwalla. Several game action. The responsible official may Forest Service for campground species have also been introduced select any alternative developed through reservations, group events, and other to the range, including elk, chukar, this process as the management plan for special land uses. The Forest Service and turkey. Wildlife populations the SMNRA; the proposed amendment sets these fees through administrative are managed by the Nevada will not necessarily be the preferred direction, in accordance with existing Division of Wildlife. Forest Plan alternative. law and regulation. direction is needed, however, to establish habitat management Research topics are those where Purpose and Need/Amendment Topics objectives, and to set an appropriate additional information, through balance between native and non- Not every issue related to Forest research, is needed. Once research native species. Proposed objectives, Service management is best addressed topics are identified, they can be including Appropriate Management through the Forest Plan. Public investigated by the Forest Service’s comment, monitoring of current Levels (AML’s) for elk, are needed Intermountain Forest and Range in order to provide direction for activities, and direction from the Spring Experiment Station, or by public or Mountains National Recreation Area Act habitat management, and for private universities. One example is the improvements such as water led to the identification of many topics need to learn more about the ecology of which might lend themselves to Forest development. the blackbrush community and its • WILD HORSES AND BURROS—Wild Service action. These topics were successional pathways. horses and burros on the SMNRA categorized as follows: Amendment topics are those subjects are managed by the Forest Service —Amendment Topics which can best be resolved by amending under the authority of the Wild —Implementation Topics the Forest Plan. These are also known Horses and Burros Protection Act of —Topics outside the jurisdiction of the as ‘‘public issues, management 1971. Like elk, wild horses and Forest Service concerns, and resource use and burros have been introduced to the —Administrative Topics development opportunities’’ (36 CFR Spring Mountains, and are —Research Topics 219.12(b)). Through work with maintained there to provide for Amendment topics are identified and interested publics, the Planning Team public enjoyment. In some areas of discussed below. Only those topics identified the following fifteen the SMNRA, wild horse which fall into this category are amendment topics in the Analysis of the populations have increased to the addressed in the proposed Forest Plan Management Situation. point where riparian and spring amendment. • FOREST HEALTH/BIODIVERSITY— sites are affected; in other areas, Implementation topics are those The Spring Mountains provide a forage is so limiting that animal where the existing Forest Plan is unique and fragile ecosystem—an condition is poor. Proposed adequate, but there have been problems island in the desert—which harbors objectives, including Appropriate with implementation of the Plan. One many endemic species of plants and Management Levels (AML’s) are example is use of motor vehicles in the animals. As we have learned more needed in order to provide Mr. Charleston Wilderness. Motor about ecosystem dynamics, and as direction for management of habitat vehicles are clearly prohibited in the Las Vegas has grown, we have and populations, and for Wilderness by the Wilderness Act of become increasingly aware of improvements such as water 1964, the Nevada Wilderness Act, and potential conflicts. The proposed development. the Forest Plan. Nevertheless, some use amendment includes goals, • ARCHAEOLOGY—Many places in the continues to occur, especially at Trough objectives, and standards to assure AMNRA have been used by people Spring and Wallace Canyon, where old protection of ecological health and for thousands of years. Often, these roads cross the Wilderness boundary. diversity while providing for people have left behind evidence of This problem is being addressed sustainable recreation use and their use of the land, including through placement of barriers (boulders, development. American Indian rock art and Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16599 roasting pits, historic cabins and objectives are needed in order to answered. The proposed program of sawmills, and a section of the establish standards for management monitoring and research is needed Spanish Trail/Mormon Road. These activities which might affect scenic to assess the impacts of the artifacts and sites offer us a glimpse quality. management courses we choose, of our history and culture, and • WILDERNESS MANAGEMENT—The and to permit us to change course provide a window on the dynamics 43,000 acre Mt. Charleston if needed. Wilderness forms the core of the and use of the ecosystem. Proposed • LAND ACQUISITION AND Spring Mountains National management direction is needed to DISPOSAL—The boundaries of the protect these resources while also Recreation Area, and includes the SMNRA include 315,648 acres of allowing for appropriate highest peaks in the range. The national forest system land, and interpretation and enjoyment. Wilderness also includes most of • RECREATION AND the bristlecone pine forests, and 7,171 acres of private land. The ADMINISTRATIVE FACILITIES— many species of rare plants and Spring Mountains National All of the developed recreation butterflies. Proposed standards and Recreation Area Act directs the facilities in the SMNRA are located guidelines for recreational use of Forest Service to prepare ‘‘an within the old ‘‘Developed Wilderness are needed to protect inventory of all lands within the Canyons’’ management area— these fragile resources. Recreation Act not presently 15,500 acres in Kyle Canyon, Lee • RECREATION MANAGEMENT—In managed as National Forest lands Canyon, and Deer Creek. Most of addition to camping and picnicking that will permit the Secretary to the fire and administrative facilities at developed recreation sites, many evaluate possible future of the SMNRA are in these same people enjoy the SMNRA as a place acquisitions.’’ Land purchases and canyons. In Cold Creek, heavy for sightseeing, horseback riding, exchanges are carried out on an recreation use occurs with very mountain biking, off-highway equal value basis with willing limited service, facilities, or vehicle use, rock climbing, cave buyers and sellers. Proposed management. Many people have exploration, hiking, backpacking, direction for land adjustment is suggested dispersing recreation use cross-country skiing, and group needed to identify which private and facilities over a wider area; the outings. As the population of parcels are suitable for acquisition, Nevada Division of State Parks southern Nevada grows, these uses and which national forest parcels, if commissioned a 1991 study which can cause damage to natural and any, are available for disposal. identified suitable areas for cultural features, and sometimes • FIRE MANAGEMENT—With cooperative development of state conflict a bit. Proposed standards increased subdivision and park facilities. The Proposed are needed to provide direction for development of private land within Amendment includes management of these uses in a the SMNRA boundaries, determinations of suitability for sustainable manner, within the management of wildfires assumes recreation development, as well as capacity of the land. • importance beyond simply the standards and guidelines for TRAILS—Of approximately 50 miles protection of national forest development and management of of designated trails in the SMNRA, resources. At the same time, less than 7 miles are outside the Mt. recreation and administrative successful fire suppression can Charleston Wilderness. Trail riding facilities. often lead to dangerous buildups of • opportunities for mountain bikes WILDLAND/URBAN INTERFACE— fuels, and may result in unwanted and off-highway vehicles (which The SMNRA, and particularly the changes in vegetation and wildlife are excluded from the Wilderness), developed canyons of the east habitat. Proposed direction for fire and for equestrians are limited. The slope, are heavily influenced by suppression, controlled burning, Spring Mountains offer a great deal urban development centered in Las and fuel reduction is needed in Vegas. Four small communities are of potentially suitable terrain for order to retain the historic role of located within the boundaries of the multiple-use trails, including fire in the ecosystem while SMNRA, and further subdivision opportunities for development of protecting lives, property, and and development on private land is regional trail networks. Proposed natural resources. likely. Semi-urban areas goals and standards for trail surrounded by National Forest development are needed to suggest • PRIVATE AND COMMERCIAL System lands often present such appropriate locations and DEVELOPMENTS—From time to issues as fire suppression and management for trails. time, the Forest Service receives conflict with recreation users. • MONITORING AND RESEARCH— requests for private, commercial Standards are proposed to address During preparation of the Analysis developments or uses of national fire prevention and suppression, of the Management Situation, the forest system land. These may scenic quality, water quality Forest Service recognized many include electronic sites and public degradation, and loss of wildlife fields in which information to utilities, outfitter/guide uses, habitat in and around the wildland/ predict environmental effects is competitive trail rides and other urban interface. limited. As the Spring Mountains group activities, and even • SCENIC QUALITY—One of the receive unprecedented levels of use, substantial commercial principal resources of the SMNRA, how will ecosystem health and developments. The Lee Canyon ski and one of the main reasons for its function be affected? If we continue area, the electronic sites on Angel popularity, is the unique quality of to suppress fires, how will Peak and Mt. Potosi, and several the area’s scenery. Cliffs, towering vegetation and wildlife habitat organizational camps are among the ponderosa pines, ancient change? How is increasing most visible examples of such uses. bristlecones, meadows, and snow- recreational use affecting historic Proposed standards for special uses covered peaks all form part of the and prehistoric sites? Our are needed to assist Forest Service attraction of the Spring Mountains inventories have often left us with managers in identifying which uses to visitors. proposed visual quality more questions than they have are appropriate. 16600 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices The Forest Service prepared the This concern includes the cumulative place the horses for adoption or proposed action as a starting point for effects of other agencies’ actions in remove them to other territories. analysis and scoping. The proposed managing wild horse and burro herds. —Alternative C—Within the capacity of action is one way to respond to the need —ELK AND OTHER WILDLIFE—The the ecosystem, maximize for change—to the above amendment proposed amendment would set an opportunities for recreation (both topics. The Forest Service will use AML for elk, and restrict introduction developed and undeveloped) and public comment on the proposal to of new non-native species and customer service, including trails. identify significant issues, and to augmentation of existing species. roads, campgrounds, and other develop to wide range of alternative Some people believe that the facilities. This alternative would still solutions to address these needs. proposed restrictions on wildlife provide basic protection for habitat management will restrict threatened and endangered species, Preliminary Issues wildlife populations far below levels and would not permit activities which Through initial scoping, the Forest that the ecosystem could support, and endanger the long-term health of the Service has identified the following will limit the ability of Nevadans to ecosystem. However, public uses issues relating to the effects of the view and hunt game and non-game would not be prohibited or restricted proposed Forest Plan amendment. wildlife. without hard scientific evidence that These are preliminary issues— —CONTROLLED BURNING—The they are harmful. additional scoping and public proposed amendment would —Alternative D—Maintain the same involvement will be used to refine and encourage controlled burning in some balance of protection and add to this list to develop a complete areas of the Spring Mountains under development as the Proposed understanding of all significant issues certain specific conditions. Some Amendment, but provide for the related to this proposal. people are concerned that any maximum sustainable populations of —UNCERTAIN EFFECTS TO deliberately set fires could escape and wild horses and burros consistent SENSITIVE SPECIES—For many rare pose a risk to life and property. This with maintaining ecosystem health. species of plants and animals, current concern also includes the effects of Provide for water development and research and inventories are not fire on vegetation, scenery, and other habitat improvements, and favor sufficient to identify whether existing wildlife. wild horses over elk, other wildlife, uses or alterations to the ecosystem Preliminary Alternatives and recreation development. pose a threat to their existence. While —Alternative E—Maintain the same we can sometimes identify The Forest Service will evaluate a balance of protection and ‘‘biodiversity hotspots,’’ we do not wide range of alternatives to the development as the Proposed completely understand the critical proposed amendment to the Forest Plan, Amendment, but provide for the factors necessary to ensure their in response to issues identified in the maximum sustainable diversity and protection. Scientists and others are scoping process. The agency expects to productivity of wildlife habitat, concerned that introduced species consider at least the following especially for game animals, (including wild horses and burros), alternatives, which respond to consistent with maintaining rock climbing, and proposed preliminary issues identified to date. As ecosystem health. Encourage expansion of recreational facilities new issues are identified through public introduction of new species which and trails, especially in Kyle and Lee involvement, new alternatives may be show the potential to naturalize, as Canyons and the Wilderness, may created, and existing alternatives appropriate. Provide for water affect rare plants and animals in ways modified. Some of these preliminary development and other habitat which we do not fully understand. alternatives may not be analyzed in improvements, and favor wildlife over —LIMITS TO RECREATIONAL USE— detail. The Responsible Official may wild horses and recreation The proposal would limit some select the original Proposed development. opportunities for recreational use of Amendment or any of the alternatives to —Alternative F—Maintain the same the Spring Mountains. Proposed it as the final management plan for the balance of protection and restrictions on equestrian use above Spring Mountains National Recreation development as the Proposed timberline, rock climbing in the Area. Amendment, but do not use Wilderness, expansion of the ski area —Alternative A—Continue to manage controlled burns or allow natural fires and other commercial developments, the Spring Mountains National to burn. Suppress all wildfires closure of the Carpenter Canyon road, Recreation Area under current aggressively, and use only vegetative and restrictions on development of management plans. Do not amend the treatments to minimize risk to recreation facilities are, in some Forest Plan. This is the ‘‘no action’’ property from fire. peoples’ minds, contrary to the spirit alternative. of a national recreation area. Some —Alternative B—Maximize protection Public Comments on the Draft EIS people are concerned that the of natural resources, heritage After the Draft Environmental Impact proposed limits on recreational resources, and ecosystem health. Statement has been published, the activities go too far, unnecessarily When in doubt over effects, choose Forest Service will again be actively restricting public use within adequate standards which will involve the least seeking information, comments and scientific basis. risk to rare species, natural ecological assistance from Federal, State and local —WILD HORSES AND BURROS—The processes, and heritage resource sites, agencies and from individuals and proposed amendment would set even if this involves closing many organizations who may be interested in appropriate management levels areas or activities to recreational use. or affected by the proposed action. It is (AML’s) for wild horses and burros. Favor native species and natural very important that those interested in Some people are concerned that the processes, but use prescribed fire to this proposed action participate at that proposed AML’s are unnecessarily mimic historic fire regime. Provide for time. low, and many threaten the long-term little or no expansion of recreation The DEIS and draft Forest Plan survival of these species in southern opportunities. Close the Spring amendment should be available for Nevada by reducing genetic diversity. Mountains Wild Horse Territory, and public review by about November, 1995. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16601 After a comment period of 90 days, the Environmental Impact Statement areas will be designated and what Final Environmental Impact Statement Helicopter Landings in Wilderness, restrictions, if any, will be established. and Forest Plan amendment should be Tongass National Forest, Alaska Issuance of the final environmental completed by September, 1996. AGENCY: Forst Service, USDA. impact statement is projected in the The comment period on the Draft spring of 1996. The Responsible official ACTION: Revised notice of intent to Environmental Impact Statement will prepare an environmental impact for the decision is Phil Janik, Regional extend 90 days from the date the statement (EIS). Forester, Alaska Region, P.O. Box Environmental Protection Agency 21628, Juneau Alaska, 99802–1628. publishes the ‘‘Notice of Availability’’ in SUMMARY: The original notice of intent Dated: March 22, 1995. the Federal Register. to prepare an environmental impact Phil Janik, statement for helicopter landings in The Forest Service believes, at this Regional Forester. early stage, it is important to give Wilderness, Tongass National Forest, [FR Doc. 95–7888 Filed 3–30–95; 8:45 am] reviewers notice of several court rulings Alaska was published in the August 31, related to public participation in the 1994 Federal Register (pages 44964– BILLING CODE 3410±11±M environmental review process. First, 44965). The purpose of this revised notice is reviewers of draft environmental impact to clarify the scope of activities to be Sequoia National Forest; California statements must structure their analyzed in the helicopter landings in Spotted Owl DEIS participation in the environmental wilderness EIS. The EIS will include all review of the proposal so that it is helicopter access for recreational AGENCY: Forest Service, USDA. meaningful and alerts an agency to the purposes including tours, sightseeing, ACTION: Notice of meeting. reviewer’s position and contentions. guiding and other commercial Vermont Yankee Nuclear Power Corp. v. recreation purposes. The environmental SUMMARY: This notice announces an NRDC, 435 U.S. 519, 553 (1973). Also, consequences of helicopter landing for open house in which the public is environmental objections that could be general public access will be addressed. raised at the draft environmental impact If helicopter landings are approved invited to participate in an information statement stage but that are not raised within Tongass wildernesses, allocation exchange regarding alternatives being until after completion of the final of those landings between commercial considered in the California Spotted environmental impact statement may be visitor service providers and other Owl Draft Environmental Impact waived or dismissed by the courts. City members of the public would be made Statement, as they affect the Sequoia of Angoon v. Hodel, 803 F.2d 1016, in a separate process. National Forest area. 1022 (9th Cir. 1986) and Wisconsin EFFECTIVE DATE: Written comments DATES AND TIME: April 11, from 7:00 p.m. Heritages, Inc. v. Harris, 490 F. Supp. concerning the revised proposed action to 9:00 p.m. 1334, 1338 (E.D. Wis. 1980). Because of to approve helicopter landing areas in these court rulings, it is very important Tongass National Forest wilderness ADDRESSES: Springville Veterans that those interested in this proposed should be received on or before May 1, Memorial Building, 35944 Highway 190, action participate by the close of the 90 1995. Springville, CA 93265. day comment period so that substantive ADDRESSES: Send written comments to CONTACT PERSON FOR FURTHER comments and objections are made Bill Tremblay, Team Leader USDA INFORMATION: Judy Schutza, Hot Springs available to the Forest Service at a time Forest Service, P.O. Box 309, Petersburg, Ranger District, Route 4, Box 548, when it can meaningfully consider them AK 99833. California Hot Springs, CA 93207, (805) and respond to them in the final FOR FURTHER INFORMATION CONTACT: 548–6503. environmental impact statement. Questions concerning the SUPPLEMENTARY INFORMATION: The Forest To assist the Forest Service in environmental impact statement should Service has released a Draft identifying and considering issues and be directed to Bill Tremblay, Team Environmental Impact Statement (DEIS) concerns on the proposed action, Leader, USDA Forest Service, P.O. Box comments on the draft environmental 309, Petersburg, AK 99833, phone: (907) to amend the Pacific Southwest impact statement should be as specific 772–3841. Regional Guide Sierran Province Forest Plans with new management direction as possible. It is also helpful if SUPPLEMENTARY INFORMATION: The for the California Spotted Owl. The comments refer to specific pages or purpose of the project is to provide for purpose of this meeting is to exchange chapters of the draft statement. use of helicopters for general public information with the public regarding Comments may also address the access where this use was established the Draft Environmental Impact adequacy of the draft environmental prior to designation of Wilderness while Statement and the preferred alternative. impact statement or the merits of the managing Tongass National Forest alternatives formulated and discussed in wilderness to provide high quality The meeting will be informally the statement. Reviewers may wish to Wilderness opportunities. In this structured. A member of the team that refer to the Council on Environmental context, general public access is for prepared the DEIS will be available to Quality Regulations for implementing activities such as hiking, camping, answer questions and discuss the DEIS. the procedural provisions of the photography, fishing, skiing, Visual media depicting the alternatives National Environmental Policy Act at 40 sightseeing, guiding, and other and selected environmental CFR 1503.3 in addressing these points. Wilderness-oriented forms of recreation. consequences will be displayed. Dated: March 17, 1995. The Regional Forester, Phil Janik, will March 27, 1995. decide whether to allow helicopter R.M. ‘‘Jim’’ Nelson, landings for access in areas that were Linda C. Brett, Forest Supervisor. used prior to Wilderness designation. If Acting Forest Supervisor. [FR Doc. 95–7886 Filed 3–30–95; 8:45 am] helicopter landings are approved, the [FR Doc. 95–7907 Filed 3–30–95; 8:45 am] BILLING CODE 3410±11±M Regional Forester will decide which BILLING CODE 3410±11±M 16602 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices Deschutes Provincial Interagency DC 20090–6454. Telecopier (FAX) users geographic areas is for the period Executive Committee (PIEC), Advisory may send applications to the automatic beginning October l, 1995, and ending Committee telecopier machine at 202–720–1015, September 30, 1998. Persons wishing to attention: Janet M. Hart. If an apply for designation should contact the AGENCY: Forest Service, USDA. application is submitted by telecopier, Compliance Division at the address ACTION: Notice of meeting. FGIS reserves the right to request an listed above for forms and information. Applications and other available SUMMARY: The Deschutes PIEC Advisory original application. All applications information will be considered in Committee will meet on April 13 & 14, will be made available for public determining which applicant will be 1995 at Rock Springs Guest Ranch, 10 inspection at this address located at designated. miles north of Bend, Oregon off 1400 Independence Avenue, S.W., Highway 20. Times are 6 to 9 pm April during regular business hours. Authority: Pub. L. 94–582, 90 Stat. 2867, 13, and 8 am to 4 pm April 14. Agenda FOR FURTHER INFORMATION CONTACT: as amended (7 U.S.C. 71 et seq.) Janet M. Hart, telephone 202–720–8525. items include: (1) context of the Dated: March 22, 1995 Advisory Committee and background on SUPPLEMENTARY INFORMATION: This Neil E. Porter the President’s Forest Plan; (2) action has been reviewed and Director, Compliance Division introduction of members; (3) operating determined not to be a rule or regulation guidelines and ground rules; (4) mission as defined in Executive Order 12866 [FR Doc. 95–7977 Filed 3–30–95; 8:45 am] and purpose of the Province Advisory and Departmental Regulation 1512–1; BILLING CODE 3410±EN±F Committee; (5) relationship to the PIEC; therefore, the Executive Order and and (6) Open public forum. All Departmental Regulation do not apply Deschutes Province Advisory to this action. Opportunity to Comment on the Committee meetings are open to the Section 7(f)(1) of the Act authorizes Applicant for the Eastern Iowa Area public. GIPSA’ Administrator to designate a AGENCY: Grain Inspection, Packers and FOR FURTHER INFORMATION CONTACT: qualified applicant to provide official Harry Hoogesteger, Province Liaison, services in a specified area after Stockyards Administration (GIPSA). USDA, Fort Rock Ranger District, 1230 determining that the applicant is better ACTION: Notice. able than any other applicant to provide N.E. 3rd, Bend, Oregon 97701, 503–383– SUMMARY: GIPSA requests comments on 4704. such official services. the applicant for designation to provide GIPSA designated Louisiana, main Dated: March 15, 1995. official services in the geographic area office located in Baton Rouge, Sally Collins, currently assigned to Eastern Iowa Grain Louisiana, to provide inspection and Inspection and Weighing Service, Inc. Deschutes National Forest Supervisor. Class X and Class Y weighing services (Eastern Iowa). [FR Doc. 95–7989 Filed 3–30–95; 8:45 am] under the Act on October 1, 1992, and BILLING CODE 3410±11±M North Carolina, main office located in DATES: Comments must be postmarked, Raleigh, North Carolina, to provide or sent by telecopier (FAX) or electronic inspection services under the Act on mail by May 1, 1995. Grain Inspection, Packers and October 1, 1992. ADDRESSES: Comments must be Stockyards Administration Section 7(g)(1) of the Act provides submitted in writing to Janet M. Hart, that designations of official agencies Chief, Review Branch, Compliance Opportunity for Designation in the Division, GIPSA, USDA, Room 1647 States of Louisiana and North Carolina shall end not later than triennially and may be renewed according to the South Building, P.O. Box 96454, AGENCY: Grain Inspection, Packers and criteria and procedures prescribed in Washington, DC 20090–6454. Stockyards Administration (GIPSA). Section 7(f) of the Act. The designations SprintMail users may respond to ACTION: Notice. of Louisiana and North Carolina end on [A:ATTMAIL,O:USDA,ID:A36JHART]. September 30, 1995. ATTMAIL and FTS2000MAIL users SUMMARY: The United States Grain The geographic area presently may respond to !A36JHART. Telecopier Standards Act, as amended (Act), assigned to Louisiana, pursuant to (FAX) users may send comments to the provides that official agency Section 7(f)(2) of the Act, which may be automatic telecopier machine at 202– designations shall end not later than assigned to the applicant selected for 720–1015, attention: Janet M. Hart. All triennially and may be renewed. The designation, is the entire State of comments received will be made designations of the Louisiana Louisiana, except those export port available for public inspection at the Department of Agriculture and Forestry locations within the State. above address located at 1400 (Louisiana) and the North Carolina The geographic area presently Independence Avenue, S.W.,during Department of Agriculture (North assigned to North Carolina, pursuant to regular business hours. Carolina) will end September 30, 1995, Section 7(f)(2) of the Act, which may be FOR FURTHER INFORMATION CONTACT: according to the Act, and GIPSA is assigned to the applicant selected for Janet M. Hart, telephone 202–720–8525. asking persons interested in providing designation, is the entire State of North SUPPLEMENTARY INFORMATION: This official services in the specified Carolina, except those export port action has been reviewed and geographic areas to submit an locations within the State. determined not to be a rule or regulation application for designation. Interested persons, including as defined in Executive Order 12866 DATES: Applications must be Louisiana and North Carolina, are and Departmental Regulation 1512–1; postmarked or sent by telecopier (FAX) hereby given the opportunity to apply therefore, the Executive Order and on or before May 1, 1995. for designation to provide official Departmental Regulation do not apply ADDRESSES: Applications must be services in the geographic areas to this action. submitted to Janet M. Hart, Chief, specified above under the provisions of In the January 31, 1995, Federal Review Branch, Compliance Division, Section 7(f) of the Act and section Register (60 FR 5897), GIPSA asked GIPSA, USDA, Room 1647 South 800.196(d) of the regulations issued persons interested in providing official Building, P.O. Box 96454, Washington, thereunder. Designation in the specified services in the geographic area assigned Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16603 to Eastern Iowa to submit an application November 30, 1994. There were four Committee Chairperson Mary Stovall for designation. Eastern Iowa, the only applicants: Detroit, Keokuk, and Richards, 801–378–6138 or Ki-Taek applicant, applied for designation to Michigan each applied for designation Chun, Acting Director of the Rocky provide official inspection services in in the entire area they are currently Mountain Regional Office, 303–866– the entire area currently assigned to assigned. Springfield Grain Inspection, 1040 (TDD 303–866–1049). Hearing- them. GIPSA is publishing this notice to Inc. (Springfield), applied for the impaired persons who will attend the provide interested persons the portion of Keokuk’s area that includes meeting and require the services of a opportunity to present comments all of Mason County and the part of sign language interpreter should contact concerning Eastern Iowa. Commenters Fulton County South of State Route 24. the Regional Office at least five (5) are encouraged to submit reasons and GIPSA requested comments on the working days before the scheduled date pertinent data for support or objection applicants in the January 3, 1995, of the meeting. to the designation of Eastern Iowa. All Federal Register (60 FR 96). Comments comments must be submitted to the were due by January 31, 1995. GIPSA The meeting will be conducted Compliance Division at the above received three comments supporting pursuant to the provisions of the rules address. Comments and other available redesignation of Keokuk. No comments and regulations of the Commission. information will be considered in were received regarding Detroit, Dated at Washington, DC, March 27, 1995. making a final decision. GIPSA will Michigan, and Springfield. Carol-Lee Hurley, publish notice of the final decision in GIPSA evaluated all available the Federal Register, and GIPSA will information regarding the designation Chief, Regional Programs Coordination Unit. send the applicant written notification criteria in Section 7(f)(l)(A) of the Act; [FR Doc. 95–7912 Filed 3–30–95; 8:45 am] of the decision. and according to Section 7(f)(l)(B), BILLING CODE 6335±01±P AUTHORITY: Pub. L. 94–582, 90 Stat. 2867, determined that Detroit and Michigan as amended (7 U.S.C. 71 et seq.) are able to provide official services in the geographic area for which they Agenda and Notice of Public Meeting Dated: March 22, 1995 applied, and that Keokuk is better able of the North Dakota Advisory Neil E. Porter than Springfield to provide official Committee Director, Compliance Division services in the Keokuk geographic area. [FR Doc. 95–7965 Filed 3–30–95; 8:45 am] Effective May 1, 1995, and ending April Notice is hereby given, pursuant to BILLING CODE 3410±EN±F 30, 1998, Detroit, Keokuk, and Michigan the provisions of the rules and are designated to provide official regulations of the U.S. Commission on inspection services in the geographic Civil Rights, that a meeting of the North Designation of the Detroit (MI), Keokuk areas specified in the October Federal Dakota Advisory Committee to the (IA), and Michigan (MI) Agencies Register. Commission will convene on Tuesday, AGENCY: Grain Inspection, Packers and Interested persons may obtain official April 25, 1995, at 2:00 p.m. and adjourn Stockyards Administration (GIPSA). services by contacting Detroit at 313– 5:00 p.m. at the Holiday Inn, 605 E. ACTION: Notice. 395–2105, Keokuk at 319–524–6482, Broadway, Bismarck, North Dakota and Michigan at 616–781–2711. 58501. The purpose of the meeting is to SUMMARY: GIPSA announces the AUTHORITY: Pub. L. 94–582, 90 Stat. 2867, brief the Committee on Commission and designation of Detroit Grain Inspection as amended (7 U.S.C. 71 et seq.) regional activities, discuss current civil Service, Inc. (Detroit), Keokuk Grain Dated: March 24, 1995 rights issues in the State, and approve Inspection Service (Keokuk), and Neil E. Porter plans for factfinding meetings in Michigan Grain Inspection Services, Inc. Bismarck and Fargo. (Michigan), to provide official services Director, Compliance Division under the United States Grain Standards [FR Doc. 95–7964 Filed 3–30–95; 8:45 am] Persons desiring additional Act, as amended (Act). BILLING CODE 3410±EN±F information, or planning a presentation EFFECTIVE DATES: May 1, 1995. to the Committee, should contact ADDRESSES: Janet M. Hart, Chief, Review Committee Chairperson Betty L. Mills, Branch, Compliance Division, GIPSA, COMMISSION ON CIVIL RIGHTS 701–223–4643, or Ki-Taek Chun, Acting USDA, Room 1647 South Building, P.O. Director of the Rocky Mountain Agenda and Notice of Public Meeting Box 96454, Washington, DC 20090– Regional Office, 303–866–1040 (TDD of the Utah Advisory Committee 6454. 303–866–1049). Hearing-impaired FOR FURTHER INFORMATION CONTACT: Notice is hereby given, pursuant to persons who will attend the meeting Janet M Hart, telephone 202–720–8525 the provisions of the rules and and require the services of a sign SUPPLEMENTARY INFORMATION: regulations of the U.S. Commission on language interpreter should contact the This action has been reviewed and Civil Rights, that a meeting of the Utah Regional Office at least five (5) working determined not to be a rule or regulation Advisory Committee to the Commission days before the scheduled date of the as defined in Executive Order 12866 will convene on Thursday, April 20, meeting. and Departmental Regulation 1512–1; 1995, from 6:00 p.m. to 8:30 p.m., at the The meeting will be conducted therefore, the Executive Order and Shiloh Inn, 206 SW Temple, Salt Lake pursuant to the provisions of the rules Departmental Regulation do not apply City, Utah 84101. The purpose of the and regulations of the Commission. to this action. meeting will be to review a draft report In the October 31, 1994, Federal on the current project, brief members on Dated at Washington, DC, March 27, 1995. Register (59 FR 54428), GIPSA asked Commission and regional activities, Carol-Lee Hurley, persons interested in providing official discuss current civil rights issues, and Chief, Regional Programs Coordination Unit. services in the geographic areas plan future activities. [FR Doc. 95–7913 Filed 3–30–95; 8:45 am] assigned to Detroit, Keokuk, and Persons desiring additional BILLING CODE 6335±01±P Michigan to submit an application for information, or planning a presentation designation. Applications were due by to the Committee, should contact 16604 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices Agenda and Notice of Public Meeting components. The amendment includes SUPPLEMENTARY INFORMATION: of the Indiana State Advisory additional foreign components that Background Committee could be used in manufacturing authority conducted under zone The Department may revoke an Notice is hereby given, pursuant to procedures, including: labels, boxes, antidumping duty order or finding or the provisions of the rules and screws, data processing machines and terminate a suspended investigation if regulations of the U.S. Commission on parts used for industrial control the Secretary of Commerce concludes Civil Rights, that a factfinding meeting equipment, resistors, fuses, connectors, that it is no longer of interest to of the Indiana Advisory Committee to plugs, cables, pressure gauges, voltage interested parties. Accordingly, as the Commission will be held from 9:00 regulators, and typewriter ribbons (duty required by § 353.25(d)(4) of the a.m. until 1:00 p.m., on Thursday, April range—free to 9.5%). Department’s regulations, we are 27, 1995, at the South Bend Public The application remains otherwise notifying the public of our intent to Library, 304 South Main Street, South unchanged. revoke the following antidumping duty Bend, Indiana 46601. The purpose of The comment period is reopened orders and findings and to terminate the the meeting is to gather information on until May 15, 1995. suspended investigations for which the ‘‘The Enforcement of Affirmative Action A copy of the application and the Department has not received a request Compliance in Indiana under Executive amendment will be available for public to conduct an administrative review for Order 11246.’’ inspection at each of the following the most recent four consecutive annual Persons desiring additional locations: anniversary months: information, or planning a presentation Tri-City Regional Airport, Room 306, Antidumping Proceeding to the Committee, should contact State Highway 75, Blountsville, TN Canada Committee Chairperson Hollis E. 37617 Sugar and Syrups Hughes, 219–232–8201, or Constance M. Office of the Executive Secretary, Davis, Director of the Midwestern A–122–085 Foreign-Trade Zones Board, Room 45 FR 24126 Regional Office, 312–353–8311 (TDD 3716, U.S. Department of Commerce, 312–353–8326). Hearing-impaired April 9, 1980 14th & Pennsylvania Avenue, NW, Contact: David Dirstine at (202) 482– persons who will attend the meeting Washington, DC 20230 and require the services of a sign 4033 language interpreter should contact the Dated: March 23, 1995. Greece Regional Office at least five (5) working Dennis Puccinelli, Electrolytic Manganese Dioxide days before the scheduled date of the Acting Executive Secretary. A–484–801 meeting. [FR Doc. 95–8005 Filed 3–30–95; 8:45 am] 54 FR 15243 April 17, 1989 The meeting will be conducted BILLING CODE 3510±DS±P pursuant to the provisions of the rules Contact: Thomas Barlow at (202) 482– and regulations of the Commission. 5256 International Trade Administration Japan Dated at Washington, DC, March 27, 1995. Calcium Hypochlorite Carol-Lee Hurley, Intent to Revoke Antidumping Duty A–588–401 Chief, Regional Programs Coordination Unit. Orders and Findings and to Terminate 50 FR 15470 [FR Doc. 95–7914 Filed 3–30–95; 8:45 am] Suspended Investigations April 18, 1985 BILLING CODE 6335±01±P Contact: Sheila Forbes at (202) 482– AGENCY: Import Administration, 5253 International Trade Administration, Japan Department of Commerce. DEPARTMENT OF COMMERCE Cyanuric Acid ACTION: Notice of Intent to Revoke A–588–019 Foreign-Trade Zones Board Antidumping Duty Orders and Findings 49 FR 18148 and to Terminate Suspended April 27, 1984 [Docket 19±94] Investigations. Contact: Sheila Forbes at (202) 482– 5253 Foreign-Trade Zone 204ÐSullivan SUMMARY: The Department of Commerce Kenya County, TN (Tri-City area); Application (the Department) is notifying the public for Subzone Siemens Industrial Standard Carnations of its intent to revoke the antidumping A–779–602 Automation, Inc. (Programmable Logic duty orders and findings and to Controllers) Carter County, Tennessee; 52 FR 13490 terminate the suspended investigations April 23, 1987 Amendment of Application listed below. Domestic interested parties Contact: Michael Panfeld at (202) 482– Notice is hereby given that the who object to these revocations and 0168 application of the Tri-City Airport terminations must submit their If no interested party requests an Commission, grantee of FTZ 204, comments in writing no later than the administrative review in accordance requesting special-purpose subzone last day of April 1995. with the Department’s notice of status for the robotics/programmable EFFECTIVE DATE: March 31, 1995. opportunity to request administrative logic controller products plant of FOR FURTHER INFORMATION CONTACT: review, and no domestic interested Siemens Industrial Automation, Inc., Michael Panfeld or the analyst listed party objects to the Department’s intent Carter County, Tennessee (59 FR 25885, under Antidumping Proceeding at: to revoke or terminate pursuant to this 5/18/94) has been amended to expand Office of Antidumping Compliance, notice, we shall conclude that the the scope of activity to be conducted Import Administration, International antidumping duty orders, findings, and under zone procedures. Trade Administration, U.S. Department suspended investigations are no longer The original application requested of Commerce, 14th Street & Constitution of interest to interested parties and shall authority to manufacture industrial Avenue, N.W., Washington, D.C. 20230, proceed with the revocation or control products using certain foreign telephone (202) 482–4737. termination. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16605 Opportunity to Object FOR FURTHER INFORMATION CONTACT: most recent period; (3) if the exporter is Domestic interested parties, as Todd Peterson or Thomas Futtner, not a firm covered in this review, or the defined in § 353.2(k)(3), (4), (5), and (6) Office of Antidumping Compliance, original less-than-fair value (LTFV) of the Department’s regulations, may Import Administration, International investigation, but the manufacturer is, object to the Department’s intent to Trade Administration, U.S. Department the cash deposit rate will be the rate revoke these antidumping duty orders of Commerce, 14th Street and established for the most recent period and findings or to terminate the Constitution Avenue, NW., Washington, for the manufacturer of the suspended investigations by the last day DC 20230; telephone (202) 482–4195 or merchandise; and (4) the ‘‘all others’’ of April 1995. Any submission to the 482–3814, respectively. rate will remain at 6.77 percent, the ‘‘all others’’ rate established in the LTFV Department must contain the name and SUPPLEMENTARY INFORMATION: case number of the proceeding and a investigation. Background statement that explains how the These deposit requirements shall objecting party qualifies as a domestic The Department published remain in effect until publication of the interested party under § 353.2(k)(3), (4), preliminary results on December 19, final results of the next administrative (5), and (6) of the Department’s 1994. The Department has now review. This notice serves as a final reminder regulations. completed the administrative review in to importers of their responsibility Seven copies of such objections accordance with section 751 of the under 19 CFR 353.26 to file a certificate should be submitted to the Assistant Tariff Act of 1930, as amended (the regarding the reimbursement of Secretary for Import Administration, Tariff Act). antidumping duties prior to liquidation International Trade Administration, Scope of the Review of the relevant entries during this Room B–099, U.S. Department of review period. Failure to comply with Commerce, Washington, D.C. 20230. Imports covered by the review are this requirement could result in the You must also include the pertinent shipments of racing plates (horseshoes) Secretary’s presumption that certification(s) in accordance with that are made of aluminum, may have reimbursement of antidumping duties § 353.31(g) and § 353.31(i) of the cleats or caulks, and come in a variety occurred and the subsequent assessment Department’s regulations. In addition, of sizes. They are used on race horses, of double antidumping duties. the Department requests that a copy of polo, jumping, hunting, and other This administrative review and notice the objection be sent to Michael F. performing horses, as differentiated are in accordance with section 751(a)(1) Panfeld in Room 4203. from pleasure and work horses. During of the Tariff Act (19 U.S.C. 1675(a)(1)) This notice is in accordance with 19 the review period such merchandise and 19 CFR 353.22. CFR 353.25(d)(4)(i). was classifiable under Harmonized Dated: March 7, 1995. Tariff Schedule (HTS) item number Dated: March 22, 1995. Joseph A. Spetrini 7616.90.00. The HTS item number is Susan G. Esserman, Deputy Assistant Secretary for Compliance. provided for convenience and customs Assistant Secretary for Import purposes. The written description [FR Doc. 95–8002 Filed 3–30–95; 8:45 am] Administration. remains dispositive. BILLING CODE 3510±DS±P [FR Doc. 95–8012 Filed 3–30–95; 8:45 am] Final Results of Review BILLING CODE 3510±DS±M The Department received no [A±122±050] comments on its preliminary results. [A±570±804] Therefore, the margin from the Racing Plates (Aluminum Horseshoes) preliminary results is the final margin Sparklers from the People's Republic From Canada; Final Results of for the period February 1, 1993, through of China; Final Results of Antidumping Antidumping Duty Administrative January 31, 1994: Duty Administrative Review Review AGENCY: Import Administration, AGENCY: Import Administration, Margin Manufacturer/exporter (percent) International Trade Administration, International Trade Administration, Department of Commerce. Department of Commerce. Equine Forgings Limited ...... 014 ACTION: Notice of Final Results of ACTION: Notice of final results of Antidumping Duty Administrative antidumping duty administrative Furthermore, the following deposit Review. review. requirements will be effective for all shipments of the subject merchandise SUMMARY: On October 18, 1994, the SUMMARY: In response to a request by a entered, or withdrawn from warehouse, Department of Commerce (the respondent, the Department of for consumption on or after the Department) published the preliminary Commerce (the Department) has publication date of these final results of results of its administrative review of conducted an administrative review of administrative review, as provided for the antidumping duty order on sparklers the antidumping duty finding on racing by section 751(a)(1) of the Tariff Act: (1) from the People’s Republic of China plates from Canada. The review covers The cash deposit rate for the reviewed (PRC) (59 FR 52510). The review was one firm and the period February 1, firm will be that firm’s rate established requested for one manufacturer, 1993, through January 31, 1994. in the final results of this administrative Guangxi Native Produce Import and Preliminary results were published on review. Since the rate for Equine Export Corporation, Beihai Fireworks December 19, 1994. Since there were no Forgings Limited is de minimis, there and Firecrackers Branch (Guangxi), of comments, we determine that the will be a cash deposit of zero on the subject merchandise to the United dumping margin for Equine Forgings shipments from this firm; (2) for States and the review period June 1, Limited remains at .01 percent, the previously reviewed or investigated 1992 through May 31, 1993. dumping margin from the preliminary companies not listed above, the cash We gave interested parties an results of review. deposit rate will continue to be the opportunity to comment on our EFFECTIVE DATE: March 31, 1995. company-specific rate published for the preliminary results. We received no 16606 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices comments. The final results are States for the POR, was due on April 14, Furthermore, the following deposit unchanged from those presented in the 1994. We did not receive a response by requirements will be effective upon preliminary results. the due date and, thus, asked Skypak publication of this notice of final results EFFECTIVE DATE: March 31, 1995. International Express (TNT) to trace the of administrative review for all FOR FURTHER INFORMATION CONTACT: mailing and verify Guangxi’s receipt of shipments of the subject merchandise Matthew Blaskovich or Zev Primor, the document. On May 4, 1994, TNT’s entered, or withdrawn from warehouse, Office of Antidumping Compliance, delivery office in Hong Kong confirmed for consumption on or after the date of Import Administration, International that the questionnaire was accepted by publication, as provided by section Trade Administration, U.S. Department a representative of Guangxi on March 3, 751(a)(1) of the Act: (1) The cash deposit of Commerce, 14th Street and 1994. Because we have received no rate for Guangxi will be the rate as Constitution Avenue, NW., Washington, response and have not been contacted stated above; (2) for PRC exporters not DC 20230; telephone (202) 482–5831/ by Guangxi, we determine that Guangxi covered in this review, a prior review, 4114. is an uncooperative respondent. or the original LTFV investigation, the Therefore, in accordance with section cash deposit rate will be the PRC SUPPLEMENTARY INFORMATION: 776(c) of the Act, we are using the best country-wide rate of 93.54 percent, the Background information available (BIA) as the basis rate established in the remand of the for determining a dumping margin for LTFV final determination; and (3) the On June 18, 1991, the Department Guangxi’s United States entries during cash deposit rate for non-PRC exporters published in the Federal Register the the POR. will be the rate established for that firm antidumping duty order on sparklers In determining what to use as BIA, the if a separate rate has been established from the PRC (56 FR 27946). On June 7, Department follows a two-tiered for that firm; if a non-PRC exporter does 1993, the Department published a notice methodology whereby the Department not have its own separate rate, the in the Federal Register notifying normally assigns lower margins to those deposit rate for that firm’s shipments interested parties of the opportunity to respondents who cooperate in a review, will be the rate applicable to the PRC request an administrative review of and margins based on more adverse supplier of that exporter. sparklers from the PRC (58 FR 31941). assumptions for those respondents who These deposit requirements shall On June 28, 1993, the petitioners do not cooperate in a review. This remain in effect until the publication of requested, in accordance with 19 CFR methodology has been upheld by the the final results of the next 353.22(a), that we conduct an U.S. Court of Appeals for the Federal administrative review. administrative review of exports to the Circuit (see Allied-Signal Aerospace Co. This notice also serves as a final United States by Guangxi, for the period v. the United States, Slip Op. 93–1049 reminder to importers of their June 1, 1992, through May 31, 1993. (Fed. Cir. June 22, 1993); see also Krupp responsibility under 19 CFR 353.26 to Guangxi had received a separate rate in Stahl Ag. et. al. v. the United States, file a certificate regarding the the final determination of sales at less Slip Op. 93–84 (CIT May 26, 1993)). reimbursement of antidumping duties than fair value (LTFV). We published a Given that Guangxi did not respond to prior to liquidation of the relevant notice of initiation of the antidumping the Department’s questionnaire, we find entries during this review period. administrative review on July 21, 1993 that Guangxi has not cooperated in this Failure to comply with this requirement (58 FR 39007). On October 18, 1994, the review. could result in the Secretary’s Department published in the Federal In accordance with our BIA presumption that reimbursement of Register the preliminary results of its methodology for uncooperative antidumping duties occurred and the administrative review of the respondents, we assign as BIA the subsequent assessment of double antidumping duty order on sparklers higher of: (1) The highest of the rates antidumping duties. from the PRC. The Department has now found for any firm for the same class or This administrative review and notice completed that review in accordance kind of merchandise in the same are in accordance with section 751(a)(1) with section 751 of the Tariff Act of country of origin in the LTFV of the Act (19 U.S.C. 1675(a)(1)) and 19 1930, as amended (the Act). investigation or prior administrative CFR 353.22. reviews; or (2) the highest rate found in Scope of the Review this review for any firm for the same Dated: March 16, 1995. The products covered by this class or kind of merchandise in the Susan G. Esserman, administrative review are sparklers from same country of origin (see Final Results Assistant Secretary for Import the PRC. Sparklers are fireworks, each of Antidumping Administrative Review: Administration. comprising a cut-to-length wire, one end Antifriction Bearings (Other Than [FR Doc. 95–8014 Filed 3–30–95; 8:45 am] of which is coated with a chemical mix Tapered Roller Bearings) and Parts BILLING CODE 3510±DS±M that emits bright sparks while burning. Thereof From France; et al. (57 FR Sparklers are currently classifiable 28379, June 24, 1992)). [A±583±806] under subheading 3604.10.00 of the We are using as BIA the highest rate Harmonized Tariff Schedules (HTS). established in the remand of the LTFV Certain Small Business Telephone The HTS subheadings are provided for final determination (58 FR 53708, July Systems and Subassemblies Thereof convenience and customs purposes. The 29, 1993), which was 93.54 percent. from Taiwan: Final Results of written description remains dispositive Final Results of the Review Antidumping Duty Administrative as to the scope of this proceeding. The Review period of review (POR) was June 1, We invited interested parties to 1992, through May 31, 1993. comment on the preliminary results. We AGENCY: Import Administration, received no comments. The final results International Trade Administration, Best Information Available are therefore unchanged from those Department of Commerce. On February 22, 1994, we mailed presented in the preliminary results, EFFECTIVE DATE: March 31, 1995. Guangxi a questionnaire explaining the and we determine that a margin of 93.54 FOR FURTHER INFORMATION CONTACT: review procedures. The questionnaire, percent exists for Guangxi for the period David J. Goldberger or Lou Apple, Office which covered exports to the United June 1, 1992, through May 31, 1993. of Antidumping Investigations, Import Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16607 Administration, International Trade phone sets, and transfer calls. The term shipments of the subject merchandise Administration, Department of ‘‘telephone sets and consoles’’ is entered or withdrawn from warehouse Commerce, 14th Street and Constitution defined to include any combination of for consumption on or after the Avenue, NW, Washington, DC 20230; two or more of the following items, publication date, as provided by section telephone: (202) 482–4136 or (202) 482– when imported or shipped in the same 751(a)(1) of the Act: (1) The case deposit 1769, respectively. container, with or without additional rate for the reviewed company will be apparatus: Housing, had set, cord (line SUPPLEMENTARY INFORMATION: as outlined above; (2) for previously or hand set), power supply, telephone reviewed or investigated companies not Background set circuit cards, or console circuit listed above, the cash deposit rate will cards. Since the publication of our continue to be the company-specific rate (2) Control and switching equipment, preliminary results on December 28, whether denominated as a key service published for the most recent period; (3) 1994 (59 FR 66912), the following unit, control unit, or cabinet/switch. if the exporter is not a firm covered in events have occurred: ‘‘Control and switching equipment’’ is this review, a prior review, or the We gave interested parties an defined to include the units described original less-than-fair-value opportunity to comment on the in the preceding sentence which consist investigation, but the manufacturer is, preliminary results. No comments were of one or more circuit cards or modules the cash deposit rate will be the rate received. (including backplane circuit cards) and established for the most recent period The Department of Commerce (the one or more of the following items, for the manufacturer of the Department) has now completed this when imported or shipped in the same merchandise; (4) the cash deposit rate administrative review in accordance container as the circuit cards or for all other manufacturers or exporters with section 751 of the Tariff Act of modules, with or without additional will be 0.00 percent, the ‘‘all other’’ rate 1930, as amended (the Act). Unless apparatus: connectors to accept circuit established in the original less-than-fair- otherwise indicated, all cites to the cards or modules and building wiring. statute and the Department’s regulations value investigation by the Department (3) Circuit cards and modules (54 FR 42543, October 17, 1989), in refer to the provisions as they existed on including power supplies. These may be December 31, 1994. accordance with the decisions of the incorporated into control and switching Court of International Trade in Floral equipment or telephone sets and Scope of the Review Trade Council v. United States, 822 F. consoles, or they may be imported or Supp. 766 (1993), and Federal-Mogul Imports covered by this review are shipped separately. A power supply shipments of certain small business converts or divides input power of not Corporation v. United States, 822 F. telephone systems and subassemblies more than 2400 watts into output power Supp. 782 (1993). thereof, currently classifiable under the of not more than 1800 watts supplying This notice also serves as a final following Harmonized Tariff Schedule DC power of approximately 5 volts, 24 reminder to importers of their (HTS) item numbers: 8504.40.0004, volts, and 48 volts, as well as 90 volt AC responsibility under 19 CFR 353.26 to 8504.40.0008, 8504.40.0010, ringing capability. file a certificate regarding the 8504.40.0015, 8517.10.0020, The following merchandise is reimbursement of antidumping duties 8517.10.0040, 8517.10.0050, excluded from the scope of this order: prior to liquidation of the relevant 8517.10.0070, 8517.10.0080, (1) Nonproprietary industry-standard entries during this review period. 8517.30.2000, 8517.30.2500, (‘‘tip/ring’’) telephone sets and other 8517.30.3000, 8517.81.0010, Failure to comply with this requirement subassemblies that are not specifically could result in the Secretary’s 8517.81.0020, 8517.90.1000, designed for use in covered system, presumption that reimbursement of 8517.90.1500, 8517.90.3000, even though a system may be adapted antidumping duties occurred and the 8517.90.4000, and 8518.30.1000. to use such nonproprietary equipment Although HTS item numbers are to provide some system functions; (2) subsequent assessment of double provided for convenience and Customs telephone answering machines or antitdumping duties. purposes, the written description of the facsimile machines integrated with This notice serves as the only scope of this proceeding is dispositive. telephone sets; and (3) adjunct software reminder to parties subject to Certain small business telephones and used on external data processing administrative protective order (APO) of subassemblies thereof are telephone equipment. their responsibilities concerning the systems, whether complete or Final Results of Review return or destruction of proprietary incomplete, assembled or unassembled, information disclosed under APO in with intercom or internal calling The Department received no accordance with 19 CFR 353.34(d). comments on its preliminary results of capability and total non-blocking port Failure to comply is a violation of the review. Therefore, the final results of capacities of between two and 256 ports, APO. and discrete subassemblies designed for our review are identical to those in the use in such systems. A subassembly is preliminary results: This administrative review and notice ‘‘designed’’ for use in a small business are in accordance with section 751(a)(1) telephone system if it functions to its Margin of the Act (19 U.S.C. 1675(a)(1)) and 19 Manufacturer/exporter (percent) full capability only when operated as CFR 353.22. part of a small business telephone Bitronic Telecoms Co., Ltd...... 6.97 Dated: March 17, 1995. system. These subassemblies are Susan G. Esserman, designed as follows: The Department will instruct the U.S. (1) Telephone sets and consoles, Customs Service to assess antidumping Assistant Secretary for Import Administration. consisting of proprietary, corded duties on all appropriate entries. telephone sets or consoles. A console Furthermore, the following deposit [FR Doc. 95–8013 Filed 3–30–95; 8:45 am] has the ability to perform certain requirements will be effective upon BILLING CODE 3510±DS±M functions including: Answer all lines in publication of this notice of final results the system, monitor the status of other of this administrative review for all 16608 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices [A±427±801] period was May 1, 1992, through April this requirement could result in the 30, 1993. Secretary’s presumption that Antifriction Bearings (Other Than In these final results, we revoked in reimbursement of antidumping duties Tapered Roller Bearings) and Parts part the antidumping duty order on occurred and the subsequent assessment Thereof From France; Amendment to SPBs from France with respect to SKF of double antidumping duties. Final Results of Antidumping Duty based on three consecutive years of zero This notice is published in Administrative Reviews and Recision or de minimis weighted- average accordance with section 751(f) of the of Partial Revocation of Antidumping dumping margins in accordance with 19 Tariff Act of 1930, as amended (19 Duty Order CFR 353.25(a). U.S.C. 1675(f)) and 19 CFR 353.28(c). AGENCY: Import Administration, Subsequent to the issuance of our Dated: March 23, 1995. final results, the Torrington Company International Trade Administration, Susan G. Esserman, Department of Commerce. (Torrington), the petitioner, alleged a clerical error in the calculation of Assistant Secretary for Import ACTION: Notice of amendment to final Administration. results of antidumping duty dumping margins for SKF with respect to BBs and SPBs from France. We [FR Doc. 95–8011 Filed 3–30–95; 8:45 am] administrative reviews and recision of BILLING CODE 3510±DS±P partial revocation of Antidumping Duty determined there was a ministerial error Order. in the calculation of USP in the final results for AFBs from France sold by SUMMARY: On February 28, 1995, the SKF. Specifically, purchase price sales [A±588±834] Department of Commerce (the made by SKF were reported in French Final Determination of Sales at Less Department) published in the Federal francs, and we failed to convert these Than Fair Value: Antidumping Duty Register (60 FR 10959) the final results prices to U.S. dollars. We have therefore Investigation of Stainless Steel Angle of its administrative reviews of the corrected our calculation of SKF’s USP. From Japan antidumping duty orders on antifriction Recision of Revocation bearings (other than tapered roller AGENCY: Import Administration, bearings) and parts thereof (AFBs) from After correction of this ministerial International Trade Administration, France, Germany, Japan, Singapore, error, we found that the weighted- Department of Commerce. Sweden, Thailand, and the United average margin for SPBs from France EFFECTIVE DATE: March 31, 1995. Kingdom. The classes or kinds of sold by SKF no longer is de minimis. FOR FURTHER INFORMATION CONTACT: merchandise covered by these reviews Therefore, the criteria for partial James Maeder or Bill Crow, Office of are ball bearings and parts thereof (BBs), revocation pursuant to 19 CFR 353.25(a) Antidumping Investigations, Import cylindrical roller bearings and parts have not been met, and we hereby Administration, U.S. Department of thereof (CRBs), and spherical plain rescind the partial revocation of the Commerce, 14th Street and Constitution bearings and parts thereof (SPBs). The antidumping duty order on SPBs from Avenue NW., Washington, DC 20230; review period was May 1, 1992, through France with respect to SKF. telephone (202) 482–3330 or 482–0116, April 30, 1993. Based on corrections to Amended Final Results of Reviews respectively. the calculation of United States price (USP), we are amending the final results As a result of our corrections, we have Final Determination determined the following percentage with respect to French BBs and SPBs We determine that stainless steel sold by one company, SKF France weighted-average margins to exist for the period May 1, 1992 through April angle (SSA) from Japan is being sold in (SKF). the United States at less than fair value, We are also rescinding the revocation 30, 1993: as provided in section 735 of the Tariff of the antidumping duty order on SPBs Act of 1930, as amended (‘‘the Act’’). from France with respect to SKF, since Company BBs SPBs The estimated margins are shown in the the dumping margin is no longer de ‘‘Suspension of Liquidation’’ section of minimis. SKF ...... 3.74 49.08 this notice. EFFECTIVE DATE: March 31, 1995. Based on these results, we will direct FOR FURTHER INFORMATION CONTACT: the Customs Service to collect cash Case History Matthew Rosenbaum or Michael Rill, deposits of estimated antidumping Since the preliminary determination Office of Antidumping Compliance, duties on all appropriate entries in of sales at less than fair value in this Import Administration, International accordance with the procedures investigation on November 4, 1994 (59 Trade Administration, U.S. Department discussed in the final results of these FR 56053, November 10, 1994), the of Commerce, 14th Street and reviews. following events have occurred. Constitution Avenue, N.W., These deposit requirements are On November 23, 1994, the Washington, DC 20230; telephone effective for all shipments of the subject petitioners alleged that the preliminary (202)482–4733. merchandise entered, or withdrawn margin calculations contained three SUPPLEMENTARY INFORMATION: from warehouse, for consumption on or distinct ministerial errors. As detailed after the date of publication of this in the December 8, 1994, memorandum Background notice and shall remain in effect until to Barbara R. Stafford, the Department On February 28, 1995, the Department publication of the final results of the agreed that the errors identified by the published in the Federal Register the next administrative reviews. petitioners were ministerial in nature, final results of its administrative This notice also serves as a reminder but did not amend the preliminary reviews of the antidumping duty orders to importers of their responsibility determination because these errors were on AFBs from France, Germany, Japan, under 19 CFR 353.26 to file a certificate not significant, as defined in the Singapore, Sweden, Thailand, and the regarding the reimbursement of Proposed Regulations (19 CFR United Kingdom. The classes or kinds of antidumping duties prior to liquidation 353.15(g)(4)(ii)). merchandise covered by these reviews of the relevant entries during this In December 1994, the Department are BBs, CRBs, and SPBs. The review review period. Failure to comply with conducted its sales and cost Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16609 verifications of the respondent, Aichi Such or Similar Comparisons Torrington Company v. United States, Steel Works Ltd. (‘‘Aichi’’) in Japan. For purposes of the final 834 F. Supp. 1391 (CIT 1993), our On February 17, 1995, the petitioners determination, we have determined that calculations include an adjustment to and Aichi submitted case briefs. SSA constitutes a single ‘‘such or U.S. price for the consumption tax Rebuttal briefs were submitted by both similar’’ category of merchandise. levied on comparison sales in Japan. See Final Determination of Sales at Less parties on February 24, 1995. The respondent reported that there Than Fair Value: Certain Carbon Steel were no sales of identical merchandise Scope of Investigation Butt-Weld Pipe Fittings from France (60 in the home market during the POI. FR 10538, 10539, February 27, 1995) Because there were no sales of identical For purposes of this investigation, the and Preliminary Antidumping Duty merchandise in the home market to term ‘‘stainless steel angle’’ includes Determination: Color Negative compare to U.S. sales, we made similar hot-rolled, whether or not annealed or Photographic Paper and Chemical merchandise comparisons on the basis descaled, stainless steel products of Components from Japan (59 FR 16177, of: (1) Stainless steel grade; (2) leg- equal leg length angled at 90 degrees, 16179, April 6, 1994), for an explanation length; (3) thickness; (4) spine length; that are not otherwise advanced. of this methodology. and (5) other characteristics, as listed in The stainless steel angle subject to Appendix V of the Department’s Foreign Market Value this investigation is currently questionnaire, and in accordance with As stated in the preliminary classifiable under subheadings section 772(16) of the Act. 7222.40.30.20 and 7222.40.30.60 of the determination, we found that the home Harmonized Tariff Schedules of the Fair Value Comparisons market was viable for sales of SSA, in accordance with 19 CFR 353.48(a). United States (HTSUS). Although the To determine whether sales of SSA Because Aichi maintained that its HTSUS subheadings are provided for from Japan to the United States were sales to related parties in the home convenience and Customs purposes, our made at less than fair value, we market were made at arm’s length, we written description of the scope of this compared the United States price (USP) examined those sales under the investigation is dispositive. to the foreign market value (FMV), as Department’s arm’s-length test. Where As noted in the March 21, 1995 specified in the ‘‘United States Price’’ possible, in applying this test, we memorandum from the Acting Director and ‘‘Foreign Market Value’’ sections of compared related and unrelated party of the Office of Antidumping this notice. When comparing the U.S. sales at the same level of trade. We Investigations to the Deputy Assistant sales to sales of similar merchandise in considered a party as related to the Secretary for Investigations, the the home market, we made adjustments respondent whenever the respondent Department has clarified the scope of for differences in physical had a substantial ownership interest in the investigation as published in the characteristics, pursuant to 19 CFR the party. See Appendix II to the Final preliminary determination, to 353.57. Further, in accordance with 19 Determination of Sales at Less Than Fair specifically exclude stainless steel CFR 353.58, we made comparisons at Value: Certain Cold-Rolled Carbon Steel products of unequal leg length. the same level of trade, where possible. Flat Products from Argentina (58 FR United States Price 37077, July 9, 1993) for more Period of Investigation information on the Department’s arm’s- We based USP on purchase price, in The period of investigation (POI) is length test. In order to determine accordance with section 772(b) of the whether a sale is made at arm’s length, November 1, 1993, through April 30, Act, because the subject merchandise 1994. we must compare the related-party price was sold to an unrelated purchaser for a given product model to the average Applicable Statute and Regulations before importation into the United price for the same product model as States and because exporter’s sales price sold to unrelated customers. Therefore, Unless otherwise indicated, all methodology was not otherwise certain related-party sales were citations to the Statute and to the indicated. For the reasons detailed in excluded from our analysis because Department’s regulations are in the Comment section of this notice, we those specific product models could not reference to the provisions as they reclassified the level of trade of U.S. be compared to unrelated sales and existed on December 31, 1994. sales to categorize them as having been because they were made in insignificant References to the Antidumping and made to a trading company. quantities. Countervailing Duties: Notice of With regard to the calculation of In the home market, Aichi sells SSAs Proposed Rulemaking and Request for movement expenses, we made through several distribution channels. Public Comments, 57 FR 1131 (Jan. 10, deductions from the U.S. sales price, Where Aichi sold SSAs through its 1992), concerning corrections of where appropriate, for foreign subsidiary, that subsidiary’s sales to ministerial errors, (‘‘Proposed brokerage, foreign inland freight, and unrelated parties formed the basis of our Regulations’’), are provided solely for insurance. FMV calculation. We only included further explanation of the Department’s We recalculated U.S. credit expenses sales to the related parties that were antidumping practice. Although the based on Aichi’s lending rate to its made at arm’s length. Department has withdrawn the customers as opposed to Aichi’s We calculated FMV based on particular rulemaking proceeding investment return rate. In accordance delivered prices. Deductions were made pursuant to which the Proposed with section 772(d)(1)(B) of the Act, we for discounts and rebates, where Regulations were issued, the subject added to USP the amount of import applicable. matter of these regulations is being duties which were not collected on In light of the decision of the U.S. considered in connection with an inputs due to exportation of SSA to the Court of Appeals for the Federal ongoing rulemaking proceeding, which, United States. Circuit’s (CAFC) in Ad Hoc Committee among other things, is intended to In accordance with our standard of AZ-NM-TX-FL Producers of Gray conform the Department’s regulations to practice, pursuant to the decision of the Portland Cement v. United States, 13 the Uruguay Round Agreements Act. U.S. Court of International Trade (CIT) F.3d 398 (Fed. Cir. 1994), the See 60 FR 80 (Jan. 3, 1995). in Federal-Mogul Corporation and The Department no longer can deduct home 16610 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices market movement charges from FMV Cost of Production (COP) whether below-cost sales had been pursuant to its inherent power to fill in As we indicated in our preliminary made over an extended period of time, gaps in the antidumping statute. determination, on September 7, 1994, we compared the number of months in Instead, we adjust, where appropriate, the Department initiated an which below-cost sales occurred for for those expenses under the investigation of sales in the home each product to the number of months circumstance-of-sale provision of 19 market made below the cost of in the POI in which that product was CFR 353.56(a). Accordingly, in the production (COP). In order to determine sold. If a product was sold in three or present case, we deducted post-sale whether home market sales prices were more months of the POI, we did not home market inland freight and below COP within the meaning of exclude below-cost sales unless there insurance from FMV under the section 773(b) of the Act, we calculated were below-cost sales in at least three months during the POI. When we found circumstance-of-sale provision of 19 COP based on the sum of the CFR 353.56(a). that sales of a product only occurred in respondent’s cost of materials, Examination of the facts surrounding one or two months, the number of fabrication, general, and packing one expense claimed as a rebate by months in which the sales occurred expenses, in accordance with 19 CFR Aichi led us to determine that this constituted the extended period of time; 353.51(c). As discussed in the reported adjustment was, in fact, a i.e., where sales of a product were made Department’s cost verification report, transfer of funds from the parent to its in only two months, the extended Aichi had misreported the material subsidiary. As stated in Final Results of period of time was two months, where costs of two SSA models. We corrected Antidumping Duty Administrative sales of a product were made in only the reported material costs used in COP Review: Color Television Recievers from one month, the extended period of time Korea (53 FR 24975, July 1, 1988), and constructed value (CV) for those was one month. (See Final ‘‘Transactions between related parties two models by using the average Determination of Sales at Less Than Fair are intracorporate transfers of funds for material cost of all other models of the Value: Certain Carbon Steel Butt-Weld which no adjustment should be same grade as a reasonable surrogate, Pipe Fittings from the United Kingdom allowed.’’ In Final Determination of since verification revealed that the (60 FR 10558, 10560, February 27, Sales at Less Than Fair Value: Coated misreporting resulted from a technical 1995). Based on this, for U.S. sales of Groundwood Paper from Finland (56 FR flaw inherent in the computerized cost certain products, there were adequate 56372, November 4, 1991), we made an allocations used by Aichi in the normal home market sales made above the cost exception for rebates paid to a related course of business. We then compared of production to serve as FMV. For U.S. party where sales to that party were the COP to the home market selling sales of other products, there were not. found to be at arm’s length. However, in prices, net of movement charges and In such cases, we matched U.S. sales to this instance, the rebates in question are discounts and rebates. CV. to a related reseller, and the sales In accordance with Section 773(b) of reported to the Department are the the Act, we followed our standard Constructed Value downstream resales of that related party methodology to determine whether the In accordance with section 773(e) of to the first unrelated purchaser. This home market sales of each product were the Act, we calculated CV based on the rebate was not passed on to the made at prices below their COP in sum of the cost of materials, fabrication, unrelated purchaser. Consequently, we substantial quantities over an extended general expenses, profit, and U.S. did not make any adjustments to FMV period of time, and whether such sales packing cost. In accordance with section for this claimed rebate. were made at prices that would permit 773(e)(1)(B) of the Act, for general FMV was reduced by home market recovery of all costs within a reasonable expenses, which include selling and packing costs and U.S. packing costs period of time in the normal course of financial expenses (SG&A), we used the were added, in accordance with section trade. reported general expenses because these 773(a)(1) of the Act. The Department To satisfy the requirement of 773(b)(1) were greater than the statutory also made circumstance-of-sale that below-cost sales be disregarded minimum of ten percent of the cost of adjustments for home market direct only if made in substantial quantities, production. For profit, we used the selling expenses, which included we applied the following methodology. statutory minimum of eight percent of imputed credit expenses, and Where we found that over 90 percent of the cost of manufacturing and general commissions, in accordance with 19 a respondent’s sales of a given product expenses, because Aichi’s reported CFR 353.56(a)(2). Pre-sale warehousing were at prices above the COP, we did profit was less than eight percent of the expenses and pre-sale foreign freight not disregard any below-cost sales total of cost of manufacturing and charges were classified as home market because we determined that general expenses. indirect selling expenses, pursuant to respondent’s below-cost sales are not Currency Conversion the Departments practice and as upheld made in substantial quantities. If by The Torrington Co. v. the United between ten and 90 percent of a We have made currency conversions States, No. 91–08–00567, Slip Op. 94– respondent’s sales of a given product based on the official exchange rates, as 168 (CIT 1994). We deducted were at prices above the COP, we certified by the Federal Reserve Bank of commissions incurred on home market disregarded only the below-cost sales if New York, in effect on the dates of the sales and added total U.S. indirect made over an extended period of time. U.S. sales, pursuant to 19 CFR 353.60. selling expenses, capped by the amount Where we found that more than 90 Verification of home market commissions; those percent of a respondent’s sales of a total U.S. indirect selling expenses given product were at prices below the As provided in section 776(b) of the included U.S. inventory carrying costs, COP and were sold over an extended Act, we verified the information used in and indirect selling expenses incurred period of time, we disregarded all sales making our final determination. in Japan on U.S. sales. for that model and calculated FMV Interested Party Comments We adjusted for the consumption tax based on CV, in accordance with section in accordance with our practice (see 773(b) of the Act. Comment 1—Level of Trade ‘‘United States Price’’ section of this In accordance with section 773(b)(1) The petitioners maintain that the notice). of the Act, in order to determine reported U.S. sales were not made to a Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16611 distributor, as the respondent claims, of trade of U.S. sales is that of a trading exercise, control over participants in the but to a trading company. They contend company transaction. Thus, we are price protection program. that since the sales are made to matching trading company sales in Comment 3—The Nature of Price Kanematsu 1 for delivery to its wholly- Japan to trading company sales in the Protection Adjustments owned subsidiary, KGS, and since United States first; if no trading Kanematsu is a trading company, U.S. company sales exist in Japan for the The petitioners maintain that the sales should be classified as trading product model, then we used distributor Department should treat the amounts company sales. According to the sales in Japan instead. which Aichi claimed as discounts as petitioners, Aichi’s descriptions in its home market commissions under the Comment 2—Aichi’s Price Protection June 29, 1994, submissions at exhibits commission offset provision. They argue Program as Control 31 and 32 identify Kanematsu at a that a review of the administration of different level of trade than reported. The petitioners maintain that in the the price protection program The petitioners maintain that the record event the Department does not classify demonstrates that the adjustments shows that Kanematsu did not inventory Aichi’s home market sales price granted represent ommissions rather SSA, since the subject merchandise was protection program as a commission than discounts, arguing that the shipped directly by Aichi to KGS. Thus, program, the Department should calculation of the adjustments is based, they argue, Aichi’s own definition reconsider its determination not to treat not on the purchases made by these categorizes Kanematsu as a trading Aichi and the participating members of firms, but rather on their resales. The company. the price protection program as related petitioners further maintain that Aichi claims that it has reported parties. They restate their argument, discounts are price reductions which levels of trade based on the different previously made before the preliminary are based solely on the transaction economic functions performed by its determination, that the record between the manufacturer and the customers. According to the respondent, demonstrates that the manufacturer, immediate purchaser. The analysis while Kanematsu is nominally a trading Aichi, exercises significant control over conducted by petitioners instead company, it actually functions as a the selling practices of the reseller characterizes the reported adjustments distributor in Japan for sales of SSA, companies participating in the price as the equivalent of payments for since it does take the SSA into protection program. Contending that, services rendered by a commissioned inventory. Correspondingly, the while these parties are not related via agent. The petitioners cite to the Final respondent reported sales to Kanematsu stock or equity ownership, the business Determination of Sales at Less than Fair in the home market as ‘‘distributor’’ dealings between them do not represent Value: Sweaters Wholly or in Chief sales. Aichi maintains that it detailed in arm’s-length transactions, the Weight of Man-Made Fiber from Taiwan its June 29, 1994, submission and in the petitioners argue that the Department (55 FR 34585,34598 (August 23, 1990)), documentation of sales at verification, should treat these parties as related. which they maintain shows that the how Aichi’s sales to the United States Aichi counters that the Department Department has classified selling begin with price negotiations held with thoroughly reviewed its records at expenses as commissions when it found KGS, not Kanematsu. Aichi stresses that verification to examine the members’ that the manufacturers’ trading activities, none of which would give it deals directly with KGS, which company performed the functions of a Aichi either de jure or de facto control functions as a mill depot for Aichi’s commission agent. over these member companies. Rejecting As an alternative approach, the angles and, therefore, holds inventory. the petitioners’ contention that the petitioners argue that even if the Aichi reiterates that the prices are set possibility of control is the operative Department decides not to treat all of between Aichi and KGS on CIF terms standard for relatedness, Aichi states the price protection adjustments as considering KGS’s function as a mill that the petitioners have failed to commissions, it should, at a minimum, depot, and that the price to Kanematsu provide any measurable criteria for offset indirect U.S. selling expenses is merely calculated from this CIF price. applying such a standard. Aichi against those price protection Respondent’s argument centers on the maintains that, in the absence of adjustments expressly identified as price negotiations between Aichi and evidence that Aichi exerts control over commissions. KGS, and Kanematsu’s role in these members and in the absence of an Aichi states that the petitioners ignore facilitating the documentation for ownership interest greater than 5 a basic distinction between discounts Aichi’s sales to KGS; accordingly, Aichi percent, the petitioners argument that which are a prepayment price maintains that its sales are, in effect, to Aichi is related to these customers reduction, and commissions which are a distributor. should be rejected. a form of payment for services. Aichi DOC Position maintains that its accounting system DOC Position treats discounts differently from We disagree with the respondent. In We disagree with the petitioners and commissions and likewise the accordance with 19 CFR 353.58, we determine that members of the program Department’s methodology should treat have changed the designation of U.S. are not related. We believe that the the adjustments differently. Citing sales level of trade to that of a trading evidence on the record does not indicate numerous investigations and court company. It is Kanematsu which that Aichi maintains control over cases, including Sonco Steel Tube establishes the basic business members of the price protection Division v. United States, 714 F. Supp. relationship with Aichi and which pays program. The information provided 1218, 1222 (CIT 1989), Aichi seeks to for the merchandise. Because does not indicate that Aichi can set the demonstrate that the Department’s Kanematsu is the controlling entity with prices of the members; price is set by practice of treating early payment final approval of the subject sales to the market conditions. The price protection discounts as price adjustments instead United States, we have determined that agreement is not a contractual of circumstance-of-sale adjustments is the appropriate designation of the level agreement constituting business control longstanding and supported by the 1 Aichi has not claimed proprietary treatment for over the members. No evidence exists in Courts. Aichi believes that the pre- the identity of its U.S. customer, nor for that the record of this investigation which payment price protection adjustments customer’s U.S. subsidiary. indicates that Aichi exercises, or can are similar to early-payment discount 16612 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices programs and, accordingly, should be to ensure a set return on the resales of that Aichi is not entitled to an upward given the same treatment in the the merchandise. Unlike the company adjustment to U.S. price by virtue of Department’s margin calculations. examined in the investigation of duty drawback. They contend that Aichi Aichi maintains that since the price Sweaters from Taiwan, Aichi did not does not have a valid claim to a duty protection program deals with report the expenses incurred by an drawback adjustment because the cost reductions in prices to its customers, intermediary party in making resales. verification demonstrated that import not in selling expenses actually incured, Instead, Aichi is, for the most part, duties were not included in the prices the program cannot be considered to granting discounts in order to ensure for any of the angle that Aichi sold in generate commissions. Aichi notes that that the prices received by resellers are Japan during the POI. They cite the in its accounting system, the price adequate. Because these price December 29, 1994, cost verification protection discounts are netted from adjustments are based on claims settled report, which states that ‘‘Aichi re- accounts receivable as a reduction from according to terms agreed upon at sale exported enough nickel and chromium sales revenue and are, therefore, and before payment, we are treating the during the POI in order to avoid paying reflected in its net sales. Aichi contrasts claimed adjustments for four of the five any (import) duty amounts.’’ They also its treatment of commissions (paid only elements of the price protection cite the report’s analysis that ‘‘since on non-subject merchandise) which are program as discounts, similar in there are no duties included in the expensed in Aichi’s SG&A accounts execution to early payment discounts, home market price, it may be with its treatment of the price protection for purposes of the final determination. appropriate to exclude the submitted adjustments as a component netted from See Sonco Steel Tube Division v. United addition to COP and CV for exempted accounts receivable. States, 714 F. Supplement 1218, 1222 duty, and to exclude the duty Central to Aichi’s presentation is its (CIT 1989); Granular adjustment to USP.’’ contention that the Department in every Polytetrafluorethylene Resin from Japan; The petitioners’ contention rests on prior determination has determined Preliminary Results of Antidumping the concept that the statute requires that price protection adjustments to be Duty Administrative Review, 60 FR import duties be added to U.S. price in discounts; for this reason it refers to its 5622 (January 30, 1995); et al. order to prevent the creation of listing of those determinations in Four adjustments (the exception being dumping margins, or the increase of exhibit 4 of its September 19, 1994, the adjustment calculated in recognition dumping margins, as a result of submission. According to Aichi, the of member companies’ role as resellers) comparing duty-inclusive home market discount nominally identified as the are not like commissions, which are prices to duty-exclusive U.S. prices. ‘‘commission’’ adjustment was normally set at given rates prior to sale Based on this interpretation, the administered and calculated according and which are not dependent on petitioners maintain that granting a to an agreed-upon formula just as are all ultimate resale prices. One component drawback adjustment in this case would other components of the price of Aichi’s program, however, which was contravene the object of the statute protection program. specifically designed in recognition of because the record shows that Aichi Aichi maintains that the petitioners’ the selling function of the member used both domestic and imported nickel citation to Sweaters from Taiwan is ill- companies, is the functional equivalent and chromium to manufacture its chosen because, in that investigation, of a sales commission. As stated by stainless steel products, and because the Department treated payments to a Aichi in its July 28, 1994, submission at Japan’s substitution drawback trading company as commissions for a 18, ‘‘Aichi guarantees * * * a set return regulations allowed Aichi to obtain combination of reasons not present here: on their SSA sales by granting a exemption from payment of duties for because the trading company never took commission for their resales of Aichi all of its imported nickel and chromium. possession of the merchandise, because SSAs and price adjustments that Thus, they argue, all of Aichi’s home the trading company never paid the ’account’ for ’selling expenses’ market sales were at prices that were manufacturer directly for the presumably incurred * * * in making exclusive of duties on imported nickel merchandise, and because the resales.’’ The reduction in price termed and chromium. The petitioners object to respondent treated the payment a commission adjustment is, in fact, the comparison of what they amounts as commission expenses in its similar to a commission payment. The characterize as duty-inclusive U.S. accounting records. amount is set and administered like a prices to duty-exclusive home market commission. This adjustment is prices. DOC Position designed, by Aichi’s own account, to Alternatively, they argue that if the We agree, in part, with both parties. take into consideration the expenses Department adds duty drawback to Under the program, Aichi receives which the price protection member Aichi’s U.S. prices it should also add aggregate monthly resale reports from companies must incur to find and the same amount of import duties to the price protection member companies; maintain their customers. The Aichi’s reported home market prices Aichi does not set prices for the member importance of this function is and reported cost of production. companies. Member companies do not underlined by Aichi’s reliance on the The petitioners maintain that none of report individual sales prices back to external sales and marketing abilities of the arguments presented by Aichi in its Aichi, only aggregate resales values. The its price-protected customers. We are, case brief alters the Department’s price protection program does not therefore, treating this reported concerns voiced in the cost verification require member companies to report adjustment as a commission, deducting report. They contend that the reasoning expenses to Aichi; the program’s various it from FMV and adding to FMV inherent in Aichi’s arguments suggests adjustments take into account that the indirect selling expenses incurred by that the drawback adjustment is member firms will incur certain selling Aichi on U.S. sales, capped by the inappropriate. Petitioners characterize expenses in making those resales. amount of the home market Aichi’s reporting as specifically As described by Aichi and verified by commission. acknowledging that the purpose of the the Department, the general purpose duty drawback adjustment is to and actual administration of the price Comment 4—Duty Drawback ‘‘neutralize the duty difference between protection program consists of Aichi The petitioners maintain that the sales made to the U.S. and sales made granting price reductions to its customer record in the investigation demonstrates in the home market.’’ Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16613 Aichi maintains that, in its earned when products are sold on the that the application of the duty preliminary determination, the home market. Citing several exemption program reported to the Department correctly made a price- investigations, including Certain Department had been accurately related adjustment to Aichi’s U.S. price Welded Stainless Steel Pipe from Korea described and quantified. Although for duty drawback earned in connection (57 FR 53693,53696) (1992), Aichi seeks Aichi then and now maintains that the with its exports to the United States. to demonstrate that the Department has imported materials need not have been Likewise, Aichi believes that the consistently used a two prong test to physically consumed in the actual Department was correct in its analyze duty-drawback claims: production of the U.S. shipments, preliminary upward adjustment to • Import duty and rebate are directly company officials also demonstrated Aichi’s COP and CV for the amount of linked to, and dependent upon one that imported alloys are used in the duty drawback revenues included in its another, and; batches from which SSAs destined for • cost of production. According to Aichi, The company claiming the the United States were produced. Most the upward adjustment to cost is adjustment can demonstrate that there importantly, the inclusion of imported necessary because COP and CV are were sufficient imports of imported raw inputs in equal proportions in intended to represent the theoretical material to account for the duty merchandise sold in both the home cost of producing a product to be sold drawback received on the exports of the market and in the United States is not in the home market. Aichi states that its manufacturing product. a requirement for obtaining a duty cost system does not specifically Aichi faults the petitioners for not drawback adjustment. As stated by the allocate duty drawback earned between noting that the Court of International Department in Final Determination of cost of production for export products Trade has flatly rejected past requests to Sales at Less Than Fair Value: Certain and cost of production for home market add as a new condition to the two-prong Welded Stainless Steel Pipes from products. Thus, Aichi maintains, it test the mandatory inclusion of dutiable Taiwan (57 FR53705, 53710, November needed to extract duty drawback savings imported inputs into the production of 12, 1992): from its normal cost system to enable the merchandise sold in the home the Department to identify the market. Aichi cites Chang Tieh Industry Other claims by petitioners do not speak to v. U.S., 840 F. Supp. 141, 147 (CIT the test traditionally applied by the theoretical costs of production for a Department but rather seek to impose product to be sold in the home market. 1993): additional requirements for duty drawback Aichi disagrees with the comments in [Plaintiff’s] arguments provide no basis claims, which are not required by the statute, the cost verification report, which noted from which to conclude that drawback the regulations, or past Department practice. that there may be a connection between adjustments should not be made unless ITA There is no basis for petitioners’ argument the purpose of Aichi’s price-related duty determines that the cost of the products sold that the Department should not make a duty drawback adjustment and its cost- in the home market is duty-inclusive. To drawback adjustment, unless it determines related duty drawback adjustment. require such a finding would add a new that the cost of products sold in the home hurdle to the drawback test that is not market includes duties on imported raw Aichi argues that there is no connection required by the statute. because, while the price-related materials. Maintaining that the petitioners’ adjustment captures duty drawback Therefore, we made a duty drawback suggestion to make an upward duty- savings which are earned in connection adjustment to U.S. price in our final drawback adjustment to FMV by with exports to the United States, the margin calculations following this increasing the import duty component cost-related adjustment simply isolates principle. In accordance with this of cost of production/constructed value the duty drawback savings included in principle, the Department calculates the is tantamount to not making any its normal cost accounting system for all amount of duty included in CV. CV adjustment at all, Aichi asks the products. includes import duties which have been Department to reject such an alternative. In addressing the petitioners’ waived or rebated upon export because According to Aichi, the amount of arguments, Aichi cites to the statute, such duties are added to U.S. price. The import duties included in COP/CV will Court decisions, Department practice, cost figures used for constructed value depend on several factors including: (1) and the GATT, in maintaining that it is reflect the weighted-average value of Whether the company normally irrelevant whether products sold in the duty costs, which, due to Aichi’s use of allocates duty-drawback earnings to the home market are produced from domestically-sourced inputs in the cost of production for export products, imported and duty-paid raw materials. production of SSA, are not necessarily (2) the relative quantity of raw materials According to Aichi, the petitioners the exact equivalent of the duty which are imported and exempted from mischaracterize the conditions under drawback adjustment on U.S. sales. which the Department makes a duty- import duties, and (3) the volume of drawback adjustment. home market sales relative to the Comment 5—Rebates In Aichi’s view, the antidumping volume of export sales to all countries. statute and the Department’s practice do Aichi argues that none of these factors The petitioners argue that the not require the respondent receiving affects the calculation of the entitlement Department should correct the mistake rebates on, or exemptions from, import or earnings-based adjustment used to noted in the verification report at pages duties by reason of exportation of increase U.S. price. Aichi concludes 20–23, whereby Aichi included the finished products, to demonstrate that that there is no legal or policy reason for three percent consumption tax in the its home market prices include import denying or changing Aichi’s drawback numerators of its formulas for allocating duties in order for its U.S. prices to be adjustment. rebates and thus overstated the reported eligible for a duty-drawback adjustment. rebates. The respondent did not address Aichi maintains that the statute and DOC Position this issue. regulations make clear that the duty- We disagree with the petitioners. The DOC Position drawback adjustment is to capture a only germane issue is whether or not difference in selling circumstances Aichi’s documented duty drawback On February 23, 1995, the Department whereby a company receives import meets the two pertinent statutory instructed Aichi to resubmit a computer duty-drawback rights or earnings by criteria. At verification we examined tape correcting this calculation error. It virtue of exportation which are not Aichi’s duty drawback and documented did so on March 3, 1995. 16614 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices Comment 6—Sales Outside the other applications. Moreover, they contentions. Additionally, the claims set Ordinary Course of Trade contend that special expenses incurred forth do not satisfy the criteria The petitioners agree with Aichi’s to make nuclear application sales could, enunciated in Final Results of contention that sales of ferritic angle and should, have been captured as Antidumping Duty Administrative should be considered as sales outside claims for circumstance of sale Reviews: Certain Welded Carbon Steel the ordinary course of trade because adjustments. Standard Pipes and Tubes from India, Aichi did not sell ferritic angle to the Aichi maintains that the nuclear SSA 56 FR 64,753, 64,753–55 (1991) (these United States during the POI. They also sales involved such different terms were reiterated in the Court of agree with Aichi’s argument that billing circumstances that they should be International Trade’s remand order in and expense adjustments that were excluded from the margin calculation Circular Welded Non-Alloy Pipe from analysis. According to Aichi, the erroneously classified as sales the Republic Korea). To determine Department verified that the nuclear transactions should be excluded from whether sales were made outside of the SSAs are distinguished by their unique consideration as a basis for FMV. They ordinary course of trade, it is sales process and application, and that note without comment that Aichi appropriate for the Department to these factors are sufficient to call for the contends that angles with spine length analyze: (1) The number of home market exclusion of nuclear SSAs from the of seven meters are outside of the customers buying the products; (2) the antidumping analysis. The special ordinary course of trade. However, they product standards and uses of the requirements for nuclear SSAs, products; and, (3) price and profit disagree with Aichi’s contention that examined at verification, such as special differentials between the alleged non- products for nuclear use, grade 304HT documentation of quality, special ordinary sales and sales made in the or of special straightness, should be warranties, special inspections, special ordinary course of trade. (See Leclede considered outside the ordinary course packing, and special quality control Steel Co. vs. U.S., No. 92–12–00784, of trade. The petitioners maintain that inspections, in conjunction with Slip 94–160, at 28–29 (CIT October 12, since no physical differences existed relatively different quantity and prices 1995) Remand Order. Sales of ferritic but, instead, different selling and in comparison to sales of SSA not SSA comprise a relatively small packing costs were incurred, Aichi certified for nuclear use, are factors percentage of the total quantity of sales. should have reported those under the Aichi lists in support of its request for However, Aichi never reported the data respective charges and adjustment fields exclusionary treatment. Aichi cites to quantify particular expenses which available in the sales listing. According Final Determination of Sales at Less make such sales unique, nor did it to the petitioners, a number of the home Than Fair Value: Tapered Roller address the market situation of the market product codes used for those Bearings, Finished and Unfinished, and customers of ferritic SSA. No evidence products Aichi identifies as within the Parts Thereof, from Japan, 52 FR 30700, of special channels of trade for ferritic ordinary course of trade are also used 30704 (August 17, 1987) (‘‘Tapered SSA exists. We examined the spectrum for those products which Aichi claims Roller Bearings from Japan’’) in support of sales of the grade of SSA to which to be outside the ordinary course of of its contention that the Department ferritic SSA belong and found that many trade. The petitioners argue that Aichi excludes sales when the transactions: of the customers who purchase ferritic has not submitted evidence to show that (1) Involve individual sales at very SSA also purchase austenitic SSA. On the special sales were made through a small quantities at substantially higher average, ferritic SSA prices are only different channel of trade or by way of prices; (2) most of the sales were later slightly different from those of some unusual marketing practice. In the cancelled; and, (3) there were no austenitic SSA of the same leg-length. petitioners’ view, the Department’s comparable sales in the United States. No information was submitted acceptance of a designation of outside Contending that because the price of providing analysis for determining the ordinary course of trade is normally nuclear SSAs are set at vastly different profit differentials. reserved for sample sales and sales of price ranges due to the unique nature of Sales of nuclear-use SSA also secondary quality. the products and their sales process, comprise a small percentage of the total The petitioners contend further that, Aichi rejects the possible use of quantity of sales, and only a slightly because Aichi did not provide timely circumstance-of-sale adjustments as greater percentage of sales of the same evidence to support its claim that inadequately capturing the basic sales angle type sold for non-nuclear use. On nuclear SSAs were sold outside the differences. Aichi maintains that these average, nuclear SSA prices are different ordinary course of trade, the Department unique circumstances are precisely the from non-nuclear SSA of the same should not exclude those transactions reason for excluding these sales as physical characteristics. However, Aichi from the final margin analysis. For unrepresentative. Aichi further never reported the data to quantify the support, the petitioners cite the CIT’s maintains that none of the home market nuclear-specific technical, packing, and ruling in Timken Co. v. United States, product codes which the petitioners warranty expenses it maintains are 865 F. Supp. 850 (CIT 1994), which ascribe as applying both to sales unique, nor did it address the market overturned the Department’s exclusion designated as outside the ordinary situation of the customers of nuclear-use of certain sales as outside the ordinary course of trade and to sales designatied SSA. No evidence of special channels of course of trade where the respondents as within the ordinary course of trade, trade for nuclear-use SSA exists. We only alleged that their sales were not in pertain to sale of nuclear-use SSA. examined the spectrum of sales of the the ordinary course of trade. Further, grade of SSA to which nuclear-use SSA DOC Position the petitioners maintain that Aichi’s belong and found that all of the arguments fail because none of the We disagree with both parties. As to customers who purchase nuclear SSA circumstances identified by Aichi whether ferritic and nuclear-use sales also purchase non-nuclear SSA. No provide a sufficient basis for treating were made outside the ordinary course information was submitted providing sales for nuclear applications as sales of trade, Aichi has made an analysis for determining profit outside the ordinary course of trade. unsubstantiated argument. Aichi has not differentials. The petitioners maintain that SSAs sold substantiated its claim under the It is Aichi’s responsibility to provide for nuclear purposes possess the same guidelines enunciated in Tapered Roller such data in defense of its claims, both anti-corrosive properties as SSA sold for Bearings from Japan, in support of its for ferritic and for nuclear-use sales. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16615 Aichi provided almost no explanation of In addressing Aichi’s arguments, the Than Fair Value: Antifriction Bearings any unique sales conditions for ferritic petitioners counter that the Department (Other than Tapered Roller Bearings) SSA. As regards nuclear-use SSA, Aichi should recognize that Aichi was and Parts Thereof from Germany, 54 FR did not provide analysis of the incurring interest expenses for two 18992, 19053 (May 3, 1989). quantitative factors required to distinct periods: (1) the period between We have therefore recalculated determine that such sales are outside of receipt of the advance payment and the imputed U.S. credit expenses based on the ordinary course of trade, but instead date of shipment, and (2) the period the interest rate applied by Aichi’s gave general documentation at from the date of shipment to the date of banks for discounting promissory notes verification that such sales had specific final payment. The petitioners argue and applied this rate to the portion of sales conditions. Those aspects of the that Aichi’s methodology does not U.S. sales paid after shipment. The net sales process should have been account for the interest rate that Aichi value of Aichi’s imputed interest accounted for by a detailed explanation incurred to finance its receivables for income is measured as the difference and reporting of circumstance-of-sale the post-shipment period. They between (1) the time value money based adjustments. Therefore, we determine maintain that the interest rate for the on Aichi’s Japanese promissory notes that neither ferritic nor nuclear-use SSA post-shipment period should be Aichi’s and (2) the rate at which Aichi were sold outside of Aichi’s normal home market promissory note discount compensated Kanematsu for making course of trade. rate, which reflects the only short-term advance payments. We have, therefore, We are removing the separate line- borrowing that Aichi had during the also recalculated U.S. credit income on items for billing and expense POI. They argue that the Department advance payments by using an interest adjustments from the sales database for should continue to use Aichi’s rate that is the difference between the use in the less than fair value promissory note discount rate to two rates. calculate Aichi’s post-shipment credit comparison, since these were Comment 8—Errors in U.S. Indirect expense. erroneously entered as sales Selling Expenses transactions. DOC Position The petitioners argue that the We are keeping in the database those We agree with the petitioners. The Department should correct the errors sales of SSA which were of odd spine time value of the yen-denominated U.S. concerning the calculation of U.S. lengths, since these are subject sales should be measured by Aichi’s indirect selling expenses as identified in merchandise. short-term borrowings as represented by the verification report. In the report, the Comment 7—Rate for U.S. Imputed its use of promissory notes in Japan. Department noted that on November 23, Credit Calculations Measuring the value of advance 1994, Aichi reported that the correct payments received by Aichi (i.e., Aichi’s amount of U.S. indirect selling expenses Aichi maintains that it reported the imputed credit revenue) should be was a percent of sales value slightly correct interest rate to calculate U.S. measured by the difference between the higher than that on the computer tape imputed credit expenses and credit time value of money to Aichi and the submitted for purposes of verification. income because this is the rate its pays credit Aichi gives to Kanematsu for On February 23, 1995, the Department for the pre-shipment advance money it having advanced payment. With regard instructed Aichi to resubmit a computer receives from Kanematsu. According to to establishing the time value of money, tape correcting this calculation error. On Aichi, the use of the home market we verified Aichi’s borrowing rate by March 1, 1995, Aichi also requested that interest rate at the preliminary examining the discount rate it revise the home market indirect determination was based on the faulty documented by Aichi’s promissory selling expenses to reflect the narrative understanding that the interest rate notes on home market sales. We also data submitted on November 23, 1994. Aichi had used was based on verified the rate used by Aichi to credit The tape, with the requisite revisions, investment returns. Aichi maintains that Kanematsu for the value of the advance was submitted on March 3, 1995. the rate reported is that which Aichi payment received before shipment. For pays to Kanematsu for having received those sales greater than a given amount, DOC Position the pre-shipment advance money Aichi reduced the net total amount due We agree with both parties. We used deposited by Kanematsu with Aichi for from Kanematsu by the value of the the revised percentages for both U.S. sales greater than a certain set amount. advance payment for the time held, at and home market indirect selling Therefore, Aichi argues that the correct an interest rate set internally. However, expenses, based on the data first interest rate for all U.S. imputed credit while this amount does reflect Aichi’s submitted in narrative on November 23, calculations is the percentage Aichi internal evaluation of the time value of 1994. pays Kanematsu for pre-payment. the money advanced by Kanematsu, the The petitioners contend that, because rate is not based on actual borrowing by Comment 9—Home Market Inland the customer is credited for the time Aichi during the POI. The Department, Freight that Aichi held advance payment at a therefore, used a rate charged for Aichi states that in preparing the given rate for the period from the receipt borrowings to determine imputed credit, documentation for verification of the of advance payment to shipment, the since by extending credit to its home market inland freight charges, interest revenue that Aichi earned from customers, Aichi acted as a lender. It is several errors had been discovered prior the advance payments should have been the Department’s practice to use lending to, and voluntarily disclosed at, calculated based on the difference rates, as opposed to investment return verification and corrected for the between Aichi’s short-term borrowing rates, in calculating credit expenses. Department officials’ inspection. (The rate, as manifest by its use of promissory (See, e.g., Preliminary Determination of first type of error involved a recording notes, and the interest rate that Aichi Sales at Less Than Fair Value: error of the contract rate for the route. paid to Kanematsu. They argue that the Antidumping Duty Investigation of The second type of error was due to the Department should value the imputed Color Negative Photographic Paper and fact that the actual delivery route for interest revenue for advance payments Chemical Components Thereof from particular shipments was sometimes at the difference between the two Japan 59 FR 16177, (April 6, 1994), and different from the standard delivery percentages. Final Determination of Sales at Less route reflected in the contract freight 16616 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices rate schedule.) The effect of these errors, September 19, at 32–33 that ‘‘because discounting of anticipated revenues for Aichi emphasizes, had been to shipment date to the customer is sale U.S. sales. Therefore, they request that understate most inland freight costs. date, these shipments to the the Department either disregard Aichi’s Aichi stresses that shipment-specific warehousers are pre-sale and reported claim or, alternatively, make a similar reporting of such costs was in INLFRTH2.’’ For those transactions adjustment for Aichi’s U.S. sales. prohibitively burdensome, since Aichi’s whose corrections were examined at DOC Position computerized records do not contain the verification, the correct values for pre- data necessary to electronically compile sale expenses are included in home We agree with the petitioners that the the information. At verification, Aichi market indirect selling expenses. respondent’s claim is untimely. adjusted incorrect amounts for specific Therefore, we did not make any Comment 10—Additional Price transactions and provided a revision of adjustments for bank charges. Protection Adjustment the chart showing freight expense Comment 12—Product-Matching charges by domestic destination. Aichi Aichi originally argued that the Criteria argues that the Department should make Department should make an adjustment the adjustments to the home market at the final determination for the Aichi argues that the Department inland freight charges based on the additional price discounts discovered at should not conduct its sales-below-cost verified freight expenses. verification, maintaining that the test on a model-specific basis, whereby The petitioners contend that the unreported discounts are no different if more than 90 percent of a model are Department should use the verified from the other price protection found to be sold below the cost of freight rate schedules originally discounts previously reported. For this production, constructed value is used as reported and should not accept the reason, Aichi argued that the the basis of FMV. This claim is revisions to the reported freight Department should adjust the applicable premised on Aichi’s understanding that schedule rates. They argue that if the home market sales for these additional it is inconsistent with the statutory Department chooses to rely on the discounts. preference for price-to-price revised home market inland freight The petitioners argue that the newly comparisons to resort to constructed charges, it should only do so with claimed discounts constitute a claim value when a comparable model exits respect to those home market sales submitted for the first time in Aichi’s that in the home market that was sold actually found to contain erroneous case brief and as such, is untimely. In above cost and that satisfies the 20 freight costs. Additionally, they argue its March 3, 1995, submission, Aichi percent difference in merchandise test. that any revisions to the respondent’s withdrew its claim for additional price Aichi contends that when there are no home market inland freight costs should protection program discounts. above-cost sales for a particular control not include the amounts reported under number designated product, the DOC Position the second inland freight variable field Department should first compare the which they contend pertain to pre-sale Since Aichi has withdrawn its own U.S. sale to the next most similar expenses for shipments to the claims, all arguments set forth by the product. warehouses, and, therefore, should not interested parties are moot. We accept The petitioners contest Aichi’s be deducted as movement charges from Aichi’s withdrawal of the request for proposed revision to matching home FMV. additional price protection adjustments. market sales of the next most similar model to U.S. prices when the number DOC Position Comment 11—Home Market Bank of sales of the most similar model were We agree, in part, with both parties. Charges found to be insufficient to form the basis We used the originally reported values Aichi argues that the Department of FMV because they were made below for most home market sales. We should make an adjustment for Aichi’s the cost of production. They cite to the examined a selection of the mistakes home market bank charges as direct Department’s Import Administration made in reporting these values and selling expenses because the Policy Bulletin 92/4, issued on found that, overwhelmingly, the charges Department verified that Aichi incurs December 15, 1992, wherein the under-reported inland freight claimed as bank charges for the processing of Department states that because the a reduction of FMV. Aichi voluntarily promissory notes in connection with statute ‘‘specifies the determination of disclosed the mistakes and was able to home market sales. Aichi cites several such or similar merchandise on the quantify the general effect of the cases, including Final Determination of similarity of the merchandise only and inaccuracies. However, due to the Sales at Less Than Fair Value: not on whether the most similar model volume and complexity of the errors, a Ferrosilicon from Venezuela, 58 FR is sold above cost, section 771(15) complete revision was not examined at 27522, 27525 (May 10, 1993), to appears to direct us to the use of verification. Therefore, we used the demonstrate that the proper treatment of constructed value when the most originally reported charges, with the bank charges is as a circumstance-of- similar model is sold below cost.’’ exception of the corrections specifically sale adjustment. examined at verification; for those The petitioners contend that the DOC Position transactions we (1) used the revised Department should reject Aichi’s claim We agree with the petitioners. As freight-schedule data reported, and (2) for an adjustment based on bank charges outlined in the December 15, 1995, added several invoice-specific given the untimeliness of the claim. Office of Policy Bulletin, it is the corrections noted in the sales Additionally, they argue that the Department’s practice to conduct the verification report at 31. Department did not review documents sales-below-cost test on a model-specific Because certain expenses reported related to this charge during basis. The memorandum states that ‘‘in separately pertain to pre-sale expenses verification. If the Department were to determining FMV, if the Department for transportation to warehouses, these consider Aichi’s claim as timely and finds that sales of a given model, costs should be included as a portion of substantiated by the verification record, otherwise suitable for comparison, are home market indirect selling expenses, the petitioners maintain that they sold below the cost of production, and rather than movement charge believe that such bank charges would the remaining sales of that model are deductions to FMV. Aichi reported on have also been incurred in the inadequate to determine FMV, the Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16617 Department will use constructed value should increase Aichi’s reported G&A inventory and accounts receivable to to determine FMV.’’ This has been the expenses to include the special total assets. Department’s consistent practice since depreciation expense. In addition, Aichi argues that, when the issuance of that Bulletin. Therefore, Aichi contends that it included all revising the calculation of SG&A in its we used constructed value to determine conventional depreciation expenses in programming, the Department should FMV when 90 percent of the sales of a its submitted G&A rate and that it did also revise the program to deduct given model were found to be sold not include the special depreciation warehousing expenses. Aichi contends below the cost of production. expense or the reversal of this special that this revision is required because the Comment 13—Correction to depreciation because these amounts Department’s calculations double-count Understated COP strictly relate to Japanese tax law. warehousing. Aichi maintains that However, if the Department determines home market warehousing expenses are The petitioners contend that the that the special depreciation amounts included in FMV as a component of Department should correct all misstated should appropriately be included in the total indirect selling expenses. material costs for purposes of the final G&A rate calculation, Aichi believes According to Aichi, the indirect selling determination by substituting the that its COP and CV would decrease due expenses for CV are inclusive of highest material cost reported by Aichi to the fact that the reversal of previously warehousing; thus SG&A brings home- for the same grade of material. set aside depreciation exceeds the market warehousing into FMV when CV Aichi agrees with the petitioners that current year’s special depreciation. is used. for two sizes of stainless steel angle products, the reported materials cost DOC Position DOC Position does not reflect actual costs and notes The Department disagrees with the We implemented the three corrections that this error was due to an output petitioners that the special depreciation noted after the preliminary quantity recording error in Aichi’s expense should be included in the determination. Our final calculations normal cost accounting system. reported COP and CV amounts. This took into account the following However, Aichi explains that since special depreciation relates solely to methodology: neither of these products were produced Japanese tax law which, in effect, allows (A) The calculations exclude the tax in significant volume, nor exported to companies to accelerate depreciation for adjustment included in the U.S. price to the United States, nor compared to U.S. purchases of environmental and CV comparison programming. products in the Department’s product conservation equipment. Since this (B) The calculations eliminate the matching, they have no relevance in the depreciation relates solely to tax law ‘‘other expenses’’ added to the SG&A Department’s LTFV comparisons. and represents no real additional cost to test in the preliminary programming, as Accordingly, Aichi contends that the the company, we excluded it from the these double-counted these expenses. Department should not revise material COP and CV for purposes of the final (C) The calculations eliminate the costs for these two sizes of products. In determination. separate variable for imputed credit the event the Department decides to used in its SG&A test in the preliminary revise material costs for these two sizes Comment 15—Preliminary Ministerial programming, as this double-counted of products, Aichi urges the Department Errors the expenses. Aichi’s claim that the to use the average of reported material The petitioners maintain that the reported value is the required costs within the same grade of steel Department should make corrections adjustment to interest expenses is not rather than the highest reported costs. pertaining to the following: (1) correct; as noted in the final OA DOC Position Comparison of tax-inclusive U.S. prices memorandum, the interest expense We agree in part with petitioner that to consumption tax-exclusive value has already been adjusted for Aichi’s material costs for these two constructed value; (2) double-counting imputed credit by the ratio of Aichi’s products should be revised. However, of other expenses for purposes of accounts receivables to total assets. because the misstated material costs determining the SG&A amounts to be With regard to Aichi’s request to were due to re-coding errors from its used in constructed value calculations; modify the methodology for treating cost accounting system, we do not and, (3) double-counting of imputed selling expenses, we disagree with consider it appropriate to penalize Aichi credit in the formula used to calculate Aichi, instead: by using the highest material cost SG&A. (D) We included home market pre- reported for the same grade of material. Aichi contends that the Department sale warehousing as a component of the Instead, we agree with Aichi to revise should incorporate a revision to SG&A indirect selling expenses in CV and also the material costs for these two products in the CV calculations by revising two treated U.S. post-sale warehousing as a using the average reported material cost lines of its preliminary computer direct selling expense and adjusted for within the same grade of steel. programming to include the factor for it as a circumstance-of-sale, pursuant to imputed credit as one of the Ad Hoc Committee of AZ–NM–TX–FL Comment 14—Inclusion of Depreciation components of SG&A, but as Producers of Gray Portland Cement V. Expenses in COP deductions. Aichi maintains that the United States, 13 F.3d 398 (Fed. Cir. The petitioners argue that the imputed credit value should be a 1994). Department should increase Aichi’s downward adjustment to SG&A, both Continuation of Suspension of reported depreciation expense to when measuring whether actual or Liquidation account for the special depreciation statutory (10 percent) SG&A are to be amount on environmental and used, and when defining what actual In accordance with section 735(d) of conservation equipment. They state that SG&A is comprised of. According to the Act, we are directing the Customs these expenses were recorded in Aichi’s Aichi, the values reported should be Service to suspend liquidation of all accounting records and were reported in used as downward adjustments to entries of stainless steel angle from its audited financial statements for the interest expenses requested in the Japan, as defined in the ‘‘Scope of fiscal accounting period that covered section D questionnaire, based on Investigation’’ section of this notice, that the POI. Accordingly, the Department Aichi’s relative value of finished goods are entered, or withdrawn from 16618 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices warehouse, for consumption on or after scientific value to the foreign (2) compatibility and sharing of control November 10, 1994. instruments described below, for such software with an existing CVD system. The Customs Service shall require a purposes as each is intended to be used, Advice Received From: The Center for cash deposit or posting of a bond equal is being manufactured in the United Interfacial Engineering, National to the estimated preliminary dumping States. Science Foundation, February 9, 1995. margin, as shown below. The Docket Number: 94–102. Applicant: The National Institutes of Health and suspension of liquidation will remain in The Scripps Research Institute, La Jolla, the National Science Foundation advise effect until further notice. CA 92037. Instrument: NMR that (1) the capabilities of each of the Spectrometer, Model Avance DMX750. foreign instruments described above are Margin Manufacturer: Bruker, Germany. pertinent to each applicant’s intended Producer/manufacturer/exporter (percent- Intended Use: See notice at 59 FR purpose and (2) they know of no age) 49645, September 29, 1994. Reasons: domestic instrument or apparatus of Aichi Steel Works, LTD...... 15.06 The foreign instrument provides: (1) equivalent scientific value for the All Others ...... 15.06 superior magnetic field homogeneity intended use of each instrument. and stability with a smaller fringe field We know of no other instrument or ITC Notification and (2) better lock stability (uses digital apparatus being manufactured in the design), spectral fidelity (uses digital United States which is of equivalent In accordance with section 735(d) of filters) and pulsed field gradient scientific value to any of the foreign the Act, we have notified the ITC of our performance (uses 3-axis gradient instruments. determination. The ITC will make its probe). Advice Received From: The determination whether these imports National Institutes of Health, January 9, materially injure, or threaten injury to, Frank W. Creel 1995. Director, Statutory Import Programs Staff a U.S. industry within 45 days of the Docket Number: 94–112. Applicant: [FR Doc. 95–8007 Filed 3–30–95; 8:45 am] publication of this notice. If the ITC Department of Veterans Affairs Medical determines that material injury or threat Center, Kansas City, MO 64128. BILLING CODE 3510±DS±F of material injury does not exist, the Instrument: Microvolume Stopped Flow proceeding will be terminated and all Spectrometer, Model SX.17MV. securities posted as a result of the Applications for Duty-Free Entry of Manufacturer: Applied Photophysics Scientific Instruments suspension of liquidation will be Ltd., United Kingdom. Intended Use: refunded or cancelled. See notice at 59 FR 52957, October 20, Pursuant to Section 6(c) of the However, if the ITC determines that 1994. Reasons: The foreign instrument Educational, Scientific and Cultural such injury does exist, we will issue an provides: (1) repetitive, single-shot Materials Importation Act of 1966 (Pub. antidumping duty order directing the operation providing wavelength L. 89–651; 80 Stat. 897; 15 CFR part Customs Service officers to assess an dependent time resolved spectra at a 301), we invite comments on the antidumping duty on SSA from Japan, rate of 100 000 per second, (2) sub- question of whether instruments of entered, or withdrawn from warehouse, millisecond dead time and (3) equivalent scientific value, for the for consumption on or after the date of sensitivity to signals <.02AV. Advice purposes for which the instruments suspension of liquidation, equal to the Received From: The National Institutes shown below are intended to be used, amount by which the foreign market of Health, January 9, 1995. are being manufactured in the United value of the merchandise exceeds the Docket Number: 94–140. Applicant: States. United States price. Penn State University, University Park, Comments must comply with 15 CFR This determination is published PA 16802. Instrument: Electron Gun for 301.5(a)(3) and (4) of the regulations and pursuant to section 735(d) of the Act (19 Reflection Electron Diffraction. be filed within 20 days with the U.S.C. 1673(d)) and 19 CFR 353.20. Manufacturer: Staib Instruments, Statutory Import Programs Staff, U.S. Dated: March 24, 1995. Germany. Intended Use: See notice at 59 Department of Commerce, Washington, Barbara R. Stafford, FR 66941, December 28, 1994. Reasons: D.C. 20230. Applications may be examined between 8:30 A.M. and 5:00 Acting Assistant Secretary for Import The foreign accessory provides Administration. capability to change the angle of P.M. in Room 4211, U.S. Department of Commerce, 14th Street and Constitution [FR Doc. 95–8017 Filed 3–30–95; 8:45 am] incidence of a high energy electron beam electronically, without affecting Avenue, N.W., Washington, D.C. BILLING CODE 3510±DS±P the beam’s position on the sample Docket Number: 95–012. Applicant: surface, in a molecular beam epitaxy University of California, Berkeley, The Scripps Research Institute, et al.; system using RHEED. Advice Received Department of Geology and Geophysics, Notice of Consolidated Decision on From: The Center for Berkeley, CA 94720-4767. Instrument: Applications for Duty-Free Entry of Telecommunications Research, National Electron Microprobe, Model SX 50. Scientific Instruments Science Foundation, February 9, 1995. Manufacturer: Cameca, France. Docket Number: 94–144. Applicant: Intended Use: The instrument will be This is a decision consolidated University of Illinois at Urbana- used for studies of various materials pursuant to Section 6(c) of the Champaign, Urbana, IL 61801. including mineral grain separates, Educational, Scientific, and Cultural Instrument: Gas Composition Analyzer, whole rock thin sections, soil particles, Materials Importation Act of 1966 (Pub. Model Epison II. Manufacturer: Thomas meteorites, archeological artifacts, L. 89–651, 80 Stat. 897; 15 CFR part Swan, United Kingdom. Intended Use: experimental glass and crystallite 301). Related records can be viewed See notice at 60 FR 442, January 4, 1995. charges, volcanic ashes, rare earth between 8:30 A.M. and 5:00 P.M. in Reasons: The foreign instrument semiconductors, superconducting Room 4211, U.S. Department of provides: (1) non-invasive control of gas oxides, silicide and nitride ceramics, Commerce, 14th and Constitution mixture ratios in a chemical vapor and super alloys. The instrument will Avenue, N.W., Washington, D.C. deposition (CVD) system using a unique also be used to teach Geology 401 Comments: None received. Decision: ultrasonic technique requiring no (Electron Microprobe) to graduate Approved. No instrument of equivalent physical contact with the gas stream and students to provide an in depth Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16619 understanding of both the technical element studies of fluid inclusions. In EFFECTIVE DATE: April 1, 1995. aspects of the electron microprobe and addition, the instrument will be used for FOR FURTHER INFORMATION CONTACT: its theoretical basis. Application the training of post-doctoral research Brian Albright or Maria MacKay, Office Accepted by Commissioner of Customs: associates, M.S. students and of Countervailing Compliance, Import February 17, 1995. undergraduate students. Application Administration, International Trade Docket Number: 95–013. Applicant: Accepted by Commissioner of Customs: Administration, U.S. Department of University of Illinois at Urbana- February 23, 1995. Commerce, 14th Street and Constitution Champaign, Purchasing Division, 506 Ave., N.W., Washington, D.C. 20230, South Wright Street, Urbana, IL 61801. Docket Number: 95–016. Applicant: telephone: (202) 482–2786. Instrument: Eye Tracking System, Jersey City State College, Kennedy SUPPLEMENTARY INFORMATION: Section Model EYELINK. Manufacturer: SR Boulevard, Jersey City, NJ 07305. 702(a) of the Trade Agreements Act of Research Ltd., Canada. Intended Use: Instrument: Electron Microscope, Model 1979 (the Act) requires the Department The instrument will be used in a series JEM 1010. Manufacturer: JEOL, Ltd., to determine, in consultation with the of experiments planned to investigate Japan. Intended Use: The instrument Secretary of Agriculture, whether any performance on perceptual tasks in will be used to teach undergraduate foreign government is providing a visual speech perception. Eye- students the principles and techniques subsidy with respect to any article of monitoring techniques will be used to of transmission electron microscopy and quota cheese, as defined in section precisely determine facial regions provide them the instrumental basis for 701(c)(1) of the Act, and to publish an attended to by the speechreader. Direct carrying out research at the annual list and quarterly updates of the comparisons of performance on a series ultrastructural level. The proposed type and amount of those subsidies. of perceptual tasks will be made among research includes investigation of the The Department has developed, in adults who differ in speechreading effects of ionizing radiation at the level consultation with the Secretary of proficiency, those with either normal of tissue and organ ultrastructure and of Agriculture, information on subsidies hearing, congenital hearing-loss, or various chemical toxicants on cellular (as defined in section 702(h)(2) of the adult-onset hearing loss. Application components. Application Accepted by Act) being provided either directly or Accepted by Commissioner of Customs: Commissioner of Customs: March 1, indirectly by foreign governments on February 22, 1995. 1995. articles of quota cheese. The appendix Docket Number: 95–014. Applicant: Frank W. Creel, to this notice lists the country, the University of Wisconsin-Milwaukee, Director, Statutory Import Programs Staff. subsidy program or programs, and the 3209 North Maryland Avenue, [FR Doc. 95–8008 Filed 3–30–95; 8:45 am] gross and net amounts of each subsidy Milwaukee, WI 53211. Instrument: Mass for which information is currently Spectrometer, Model Autospec 3000. BILLING CODE 3510±DS±F available. Manufacturer: Fisons Instruments, Inc., The Department will incorporate United Kingdom. Intended Use: The Quarterly Update to Annual Listing of additional programs which are found to instrument will be used for negative ion Foreign Government Subsidies on constitute subsidies, and additional thermospray studies of ions generated Articles of Quota Cheese information on the subsidy programs from molecules traditionally difficult to listed, as the information is developed. characterize and observe. The AGENCY: Import Administration, The Department encourages any instrument will also be used for International Trade Administration, person having information on foreign educational purposes in various Department of Commerce. chemistry courses. Application government subsidy programs which ACTION: Publication of Quarterly Update benefit articles of quota cheese to Accepted by Commissioner of Customs: to Annual Listing of Foreign February 22, 1995. submit such information in writing to Government Subsidies on Articles of the Assistant Secretary for Import Docket Number: 95–015. Applicant: Quota Cheese. Georgia State University, University Administration, U.S. Department of Commerce, 14th Street and Constitution Plaza, Atlanta, GA 30303. Instrument: SUMMARY: The Department of Commerce ICP Mass Spectrometer, Model SOLA. (the Department), in consultation with Avenue, N.W., Washington, D.C. 20230. Manufacturer: Finnigan MAT, United the Secretary of Agriculture, has This determination and notice are in Kingdom. Intended Use: The instrument prepared a quarterly update to its accordance with section 702(a) of the will be used to continue a wide array of annual list of foreign government Act. geochemical and environmental subsidies on articles of quota cheese. Dated March 23, 1995. geochemistry problems. One particular We are publishing the current listing of Susan G. Esserman, research area of interest is the those subsidies that we have determined Assistant Secretary for Import application of ICP-MS in REE and trace exist. Administration. APPENDIXÐQUOTA CHEESE SUBSIDY PROGRAMS Gross 1 sub- Net 2 sub- Country Program(s) sidy (cents sidy (cents per lb.) per lb.) Austria ...... Export Restitution Payments ...... 200.0 200.0 Belgium ...... European Community (EC) Restitution Payments ...... 38.7 38.7 Canada ...... Export Assistance on Certain Types of Cheese ...... 25.5 25.5 Denmark ...... EC Restitution Payments ...... 48.2 48.2 Finland ...... Export Subsidy ...... 104.7 104.7 France ...... EC Restitution Payments ...... 49.5 49.5 Germany ...... EC Restitution Payments ...... 56.5 56.5 Greece ...... EC Restitution Payments ...... 0.0 0.0 Ireland ...... EC Restitution Payments ...... 56.3 56.3 16620 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices APPENDIXÐQUOTA CHEESE SUBSIDY PROGRAMSÐContinued Gross 1 sub- Net 2 sub- Country Program(s) sidy (cents sidy (cents per lb.) per lb.) Italy ...... EC Restitution Payments ...... 87.6 87.6 Luxembourg ...... EC Restitution Payments ...... 38.7 38.7 Netherlands ...... EC Restitution Payments ...... 39.5 39.5 Norway ...... Indirect (Milk) Subsidy ...... 18.3 18.3 Consumer Subsidy ...... 40.5 40.5 58.8 58.8 Portugal ...... EC Restitution Payments ...... 37.3 37.3 Spain ...... EC Restitution Payments ...... 37.3 37.3 Switzerland ...... Deficiency Payments ...... 166.1 166.1 U.K...... EC Restitution Payments ...... 40.1 40.1 1 Defined in 19 U.S.C. 1677(5). 2 Defined in 19 U.S.C. 1677(6). [FR Doc. 95–8004 Filed 3–30–95; 8:45 am] regulations, if no domestic interested 355.2(i)(3), (i)(4), (i)(5), or (i)(6) of the BILLING CODE 3510±DS±P party (as defined in sections 355.2(i)(3), Department’s regulations. (i)(4), (i)(5), and (i)(6) of the regulations) Seven copies of any such objections objects to the Department’s intent to should be submitted to the Assistant Intent to Revoke Countervailing Duty revoke these orders pursuant to this Secretary for Import Administration, Orders notice, and no interested party (as International Trade Administration, defined in section 355.2(i) of the Room B–099, U.S. Department of AGENCY: Import Administration, regulations) requests an administrative Commerce, 14th Street and Constitution International Trade Administration, review in accordance with the Ave., N.W., Washington, D.C. 20230. Department of Commerce. Department’s notice of opportunity to This notice is in accordance with 19 ACTION: Notice of Intent to Revoke request administrative review, we shall CFR 355.25(d)(4)(i). Countervailing Duty Orders. conclude that the countervailing duty Dated: March 22, 1995. SUMMARY: The Department of Commerce orders are no longer of interest to Joseph A. Spetrini, (the Department) is notifying the public interested parties and proceed with the Deputy Assistant Secretary for Compliance. of its intent to revoke the countervailing revocations. However, if an interested [FR Doc. 95–8003 Filed 3–30–95; 8:45 am] party does request an administrative duty orders listed below. Domestic BILLING CODE 3510±DS±P interested parties who object to review in accordance with the revocation of any of these orders must Department’s notice of opportunity to submit their comments in writing not request administrative review, or a Determination Not to Revoke later than the last day of April 1995. domestic interested party does object to Countervailing Duty Orders the Department’s intent to revoke EFFECTIVE DATE: March 31, 1995. pursuant to this notice, the Department AGENCY: International Trade FOR FURTHER INFORMATION CONTACT: will not revoke the order. Administration, Import Administration, Brian Albright or Maria MacKay, Office Department of Commerce. of Countervailing Compliance, Import COUNTERVAILING DUTY ORDERS ACTION: Notice of Determination Not to Administration, International Trade Revoke Countervailing Duty Orders. Administration, U.S. Department of Commerce, 14th Street and Constitution Argentina: SUMMARY: The Department of Commerce Avenue, N.W., Washington, D.C. 20230; Wool (C±357±002) ...... 04/04/83, (the Department) is notifying the public telephone: (202) 482–2786. 48 FR 14423. of its determination not to revoke the Malaysia: countervailing duty orders listed below. SUPPLEMENTARY INFORMATION: Carbon Steel Wire Rod 04/22/88, EFFECTIVE DATE: March 31, 1995. Background (C±557±701). 53 FR 13303. FOR FURTHER INFORMATION CONTACT: Peru: The Department may revoke a Brian Albright or Maria MacKay, Office Pompon Chrysan- 04/23/87, countervailing duty order if the of Countervailing Compliance, Import themums (C±333± 52 FR 13491. Administration, International Trade Secretary of Commerce concludes that it 601). is no longer of interest to interested Administration, U.S. Department of Commerce, 14th Street and Constitution parties. Accordingly, as required by the Opportunity to Object Department’s regulations (at 19 C.F.R. Avenue, N.W., Washington, D.C. 20230; 355.25(d)(4)), we are notifying the Not later than the last day of April telephone: (202)482–2786. public of our intent to revoke the 1995, domestic interested parties may SUPPLEMENTARY INFORMATION: countervailing duty orders listed below, object to the Department’s intent to for which the Department has not revoke these countervailing duty orders. Background received a request to conduct an Any submission objecting to the On December 30, 1994, the administrative review for the most revocation must contain the name and Department published in the Federal recent four consecutive annual case number of the order and a Register (59 FR 67700) its intent to anniversary months. statement that explains how the revoke the countervailing duty orders In accordance with section objecting party qualifies as a domestic listed below. Under 19 CFR 355.25(d)(4)(iii) of the Department’s interested party under sections 355.25(d)(4)(iii), the Secretary of Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16621 Commerce will conclude that an order in this invention have been assigned to 3. The report on the status of seabirds is no longer of interest to interested the United States of America. has been deleted from the agenda. parties and will revoke the order if no FOR FURTHER INFORMATION CONTACT: 4. Initial review of a regulatory domestic interested party objects to Bruce E. Mattson, National Institute of amendment for electronic reporting has revocation and no interested party Standards and Technology, Technology been added to the agenda. requests an administrative review by the Development and Small Business 5. A report on pollock trawl mesh last day of the fifth anniversary month. Program, Building 221, Room B–256, studies has been deleted from the Within the specified time frame, we Gaithersburg, MD 20852. agenda. received an objection from a domestic SUPPLEMENTARY INFORMATION: The interested party to our intent to revoke FOR FURTHER INFORMATION CONTACT: prospective exclusive license will be North Pacific Fishery Management these countervailing duty orders. royalty-bearing and will comply with Therefore, because the requirements of Council, P.O. Box 103136, Anchorage, the terms and conditions of 35 U.S.C. AK 99510; telephone: (907) 271–2809. 19 CFR 355.25(d)(4)(iii) have not been 209 and 37 CFR 404.7. The prospective SUPPLEMENTARY INFORMATION: met, we will not revoke these orders. exclusive license may be granted unless, These This determination is in accordance within sixty days from the date of this meetings are physically accessible to with 19 CFR 355.25(d)(4). published Notice, NIST receives written people with disabilities. Requests for evidence and argument which establish sign language interpretation or other COUNTERVAILING DUTY ORDERS that the grant of the license would not auxiliary aids should be directed to be consistent with the requirements of Helen Allen, (907) 271–2809, at least 5 working days prior to the meeting date. Korea: 35 U.S.C. 209 and 37 CFR 404.7. Stainless Steel 01/20/87, U.S. Patent Number 5,104,478 is a Dated: March 27, 1995. Cookware (C±580± 52 FR 2140. method for making single crystals, David S. Crestin, 602). comprising osmotically removing the Acting Director, Office of Fisheries Argentina: solvent from a solution containing the Conservation and Management, National Non-Rubber Footwear 01/17/79, material to be grown into a crystal. Marine Fisheries Service. (C±357±052). 44 FR 3475. The availability of the invention for [FR Doc. 95–7972 Filed 3–30–95; 8:45 am] Spain: licensing was published in the Federal Stainless Steel Wire Rod 01/03/83, BILLING CODE 3510±22±F (C±469±004). 48 FR 52. Register, Vol. 57, No. 158 (August 14, Taiwan: 1992). A copy of the patent application Stainless Steel 01/20/87, may be obtained from NIST at the [I.D. 032495A] Cookware (C±583± 52 FR 2141. foregoing address. 604). Dated: March 22, 1995. Gulf of Mexico Fishery Management Council; Public Meeting Dated: March 22, 1995. Samuel Kramer, Associate Director. Joseph A. Spetrini, AGENCY: National Marine Fisheries Deputy Assistant Secretary for Compliance. [FR Doc. 95–7860 Filed 3–30–95; 8:45 am] Service (NMFS), National Oceanic and [FR Doc. 95–8006 Filed 3–30–95; 8:45 am] BILLING CODE 3510±13±M Atmospheric Administration (NOAA), BILLING CODE 3510±DS±P Commerce. National Oceanic and Atmospheric ACTION: Notice of public meeting. Administration National Institute of Standards and SUMMARY: The Gulf of Mexico Fishery Technology [I.D. 030995A] Management Council will convene a public meeting of its Mackerel Prospective Grant of Exclusive Patent North Pacific Fishery Management Socioeconomic Assessment Panel License Council; Meetings beginning at 8:30 a.m. on April 13, AGENCY: National Institute of Standards AGENCY: National Marine Fisheries 1995, and concluding at approximately and Technology, Commerce. Service (NMFS), National Oceanic and 5:00 p.m. on April 14, 1995, to review ACTION: Notice of prospective grant of Atmospheric Administration (NOAA), and consider available social and exclusive patent license. Commerce. economic data on Gulf king and Spanish ACTION: Notice of agenda changes. mackerels and cobia, and recommend SUMMARY: This is notice in accordance levels of total allowable catch for the with 35 USC 209(c)(1) and 37 CFR SUMMARY: An agenda for public 1995–96 fishing year. 404.7(a)(1)(i) that the National Institute meetings of the North Pacific Fishery ADDRESSES: The meeting will be held at of Standards and Technology (‘‘NIST’’), Management Council (Council) and its the Radisson Bay Harbor Inn, 7700 U.S. Department of Commerce, is advisory bodies, which are scheduled Courtney Campbell Causeway, Tampa, contemplating the grant of an exclusive during the week of April 17, 1995, was FL 33607. license in all microgravity and space published in the Federal Register on FOR FURTHER INFORMATION CONTACT: related research including, but not March 17, 1995, (60 FR 14425). The limited to the Space Shuttle, the MIR following change is made to the meeting Antonio B. Lamberte, Economist, Gulf of Space Station, the US Space Station, schedule and agenda. All other Mexico Fishery Management Council, orbital re-entry vehicles, sounding information originally published 5401 West Kennedy Boulevard, Suite rockets and low ‘‘g’’ research aircraft, to remains unchanged. 331, Tampa, FL 33609; telephone: 813– practice the invention embodied in U.S. 1. The Scientific and Statistical 228–2815. Patent Number 5,104,478, titled, Committee will begin its meeting at 2:00 SUPPLEMENTARY INFORMATION: Requests ‘‘Method For Making Single Crystals’’ to p.m., on April 17. for sign language interpretation or other Instrumentation Technology Associates, 2. The Council’s plenary session will auxiliary aids should be directed to Julie Inc., having a place of business in begin at 8:00 a.m., on April 19, and will Krebs at the above address by April 6, Exton, Pennsylvania. The patent rights continue through April 24. 1995. 16622 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices Dated: March 27, 1995. [I.D. 030695E] and elephant seals (Mirounga David S. Crestin, angustirostris) incidental to the conduct Marine Mammals Acting Director, Office of Fisheries of aerial, ground, and boat surveys. The Conservation and Management, National AGENCY: National Marine Fisheries holders are also authorized to capture, Marine Fisheries Service. Service (NMFS), National Oceanic and mark, tag, brand, and sample harbor [FR Doc. 95–7973 Filed 3–30–95; 8:45 am] Atmospheric Administration (NOAA), seals. BILLING CODE 3510±22±F Commerce. The permit holders have been granted ACTION: Modification to permit no. 835 the following modifications to their (P250D). permit: (a) The permit holders are (I.D. 032495C) authorized to use a gas anesthetic on Mid-Atlantic Fishery Management SUMMARY: Notice is hereby given that California sea lions during blood Council; Meeting the Washington Department of Wildlife, drawing and instrument attachment; (b) Marine Mammal Institute, 7801 Phillips to correct an unintentional omission AGENCY:: National Marine Fisheries Road, SW., Tacoma, WA 98498; the from the original permit, the permit Service (NMFS), National Oceanic and National Marine Fisheries Service, holders are now authorized to take 50 Atmospheric Administration (NOAA), National Marine Mammal Laboratory, northern elephant seals annually for Commerce. 7600 Sand Point Way, NE., BIN C15700 capture and tagging in Oregon and ACTION: Notice of public meetings. - Building 1, Seattle, WA 98115–0070; Washington; (c) the permit holders are and the Oregon Department of Fish and authorized to lavage up to 100 harbor SUMMARY: The Mid-Atlantic Fishery Wildlife, Marine Region, Marine seals captured under the original Management Council and its Demersal Science Drive, Building 3, Newport, OR permit. Species Committee and Habitat 97365, have been granted a modification Dated: March 24, 1995. Committee will hold public meetings on to permit no. 835. April 18–20, 1995, at the Holiday Inn, Ann D. Terbush, ADDRESSES: The modification and 39th and Oceanfront, Virginia Beach, Chief, Permits and Documentation Division, related documents are available for VA 23451; telephone: (804) 428–1711. National Marine Fisheries Service. review upon written request or by On April 18, the Demersal Species [FR Doc. 95–7905 Filed 3–30–95; 8:45 am] appointment in the following offices: Committee will meet from 1:00 p.m. to BILLING CODE 3510±22±F Permits Division, Office of Protected 4:00 p.m. On April 19, the Council will Resources, NMFS, 1315 East-West meet from 8:00 a.m. to 12:00 p.m. The Highway, Room 13130, Silver Spring, Habitat Committee will meet from 1:30 MD 20910 (301/713–2289); COMMITTEE FOR THE p.m. to 4:00 p.m. On April 20, the Director, Alaska Region, NMFS, P.O. IMPLEMENTATION OF TEXTILE Council will meet from 8:00 a.m. until Box 21668, Juneau, AK 99802–1668 AGREEMENTS approximately 12:00 p.m. (907/586–7221); and The following topics may be Director, Northwest Region, NMFS, Announcement of an Import Restraint discussed: 7600 Sand Point Way, NE., BIN C15700, Limit for Certain Cotton and Man-Made 1. Action on the scoping process for Seattle, WA 98115 (206/526–6150). Fiber Textile Products Produced or Amendment 7 to the Summer Flounder The permit issued to the Washington Manufactured in the Republic of Fiji Fishery Management Plan. Department of Wildlife, the National 2. Development of a Council policy on March 27, 1995. Marine Mammal Laboratory, and the artificial reefs. AGENCY: Committee for the 3. Review of the NMFS management Oregon Department of Fish and Wildlife Implementation of Textile Agreements program for striped bass. has been modified three times. The (CITA). National Marine Fisheries Service 4. Other fishery management matters. ACTION: Issuing a directive to the The Council meetings may be revised, determined that a public comment period was not necessary because no Commissioner of Customs establishing a lengthened or shortened based on the limit. progress of the meeting. The Council procedure resulted in additional takes may go into closed session to discuss being requested and the risk to the EFFECTIVE DATE: April 3, 1995. animals involved was not expected to personnel or national security matters. FOR FURTHER INFORMATION CONTACT: increase. FOR FURTHER INFORMATION CONTACT: Jennifer Tallarico, International Trade David R. Keifer, Executive Director, SUPPLEMENTARY INFORMATION: The Specialist, Office of Textiles and Mid-Atlantic Fishery Management subject modification to permit no. 835, Apparel, U.S. Department of Commerce, Council, 300 S. New Street, Dover, DE issued on April 27, 1993 (58 FR 26288), (202) 482–4212. For information on the 19901; telephone: (302) 674–2331. is requested under the authority of the quota status of this limit, refer to the Marine Mammal Protection Act of 1972, SUPPLEMENTARY INFORMATION: This Quota Status Reports posted on the as amended (16 U.S.C. 1361 et seq.), the meeting is physically accessible to bulletin boards of each Customs port or Regulations Governing the Taking and people with disabilities. Requests for call (202) 927–5850. For information on Importing of Marine Mammals (50 CFR sign language interpretation or other embargoes and quota re-openings, call part 216), the Endangered Species Act of auxiliary aids should be directed to (202) 482–3715. 1973, as amended (16 U.S.C. 1531 et Joanna Davis on (302) 674–2331 at least seq.), and the Regulations Governing the SUPPLEMENTARY INFORMATION: 5 days prior to the meeting date. Taking, Importing, and Exporting of Authority: Executive Order 11651 of March Dated: March 27, 1995. Endangered Fish and Wildlife (50 CFR 3, 1972, as amended; section 204 of the David S. Crestin, part 222). Agricultural Act of 1956, as amended (7 Acting Director, Office of Fisheries Permit No. 835 authorizes the permit U.S.C. 1854). Conservation and Management, National holder for the inadvertent harassment of The Governments of the United States Marine Fisheries Service. harbor seals (Phoca vitulina), California and the Republic of Fiji agreed to extend [FR Doc. 95–7974 Filed 3–30–95; 8:45 am] sea lions (Zalophus californianus), their current bilateral textile agreement BILLING CODE 3510±22±F Steller sea lions (Eumetopias jubatus), for a one-year period beginning on Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16623 January 1, 1995 and extending through Imports charged to this category limit for Authority: Executive Order 11651 of March December 31, 1995. the period January 1, 1994 through December 3, 1972, as amended; section 204 of the In the letter published below, the 31, 1994, shall be charged against that level Agricultural Act of 1956, as amended (7 Chairman of CITA directs the of restraint to the extent of any unfilled U.S.C. 1854). Commissioner of Customs to establish a balance. In the event the limit established for Pursuant to the Uruguay Round that period has been exhausted by previous limit for Categories 338/339/638/639 for entries, such goods shall be subject to the Agreement on Textiles and Clothing 1995. level set forth in this directive. (ATC), the current limits are being This limit will be subject to revision Should Fiji become a member of the World amended for textile products, produced pursuant to the Uruguay Round Trade Organization (WTO), the limit set forth or manufactured in Hungary and Agreement on Textiles and Clothing above will be subject to adjustment in the exported during the period beginning on (ATC) on the date that Fiji becomes a future pursuant to the provisions of the January 1, 1995 and extending through member of the World Trade Uruguay Round Agreement on Textiles and December 31, 1995. These limits are Organization. Clothing and any administrative arrangement being amended because Hungary is now A copy of the agreement is available notified to the Textiles Monitoring Body. a member of the World Trade In carrying out the above directions, the from the Textiles Division, Bureau of Organization. Also, a level is being Economic and Business Affairs, U.S. Commissioner of Customs should construe entry into the United States for consumption established for cotton and man-made Department of State, (202) 647–1683. to include entry for consumption into the fiber textile products in Categories 351/ A description of the textile and Commonwealth of Puerto Rico. 651 for the 1995 period. apparel categories in terms of HTS The Committee for the Implementation of A description of the textile and numbers is available in the Textile Agreements has determined that this apparel categories in terms of HTS CORRELATION: Textile and Apparel action falls within the foreign affairs numbers is available in the Categories with the Harmonized Tariff exception of the rulemaking provisions of 5 CORRELATION: Textile and Apparel Schedule of the United States (see U.S.C. 553(a)(1). Categories with the Harmonized Tariff Federal Register notice 59 FR 65531, Sincerely, Schedule of the United States (see published on December 20, 1994). Rita D. Hayes, Federal Register notice 59 FR 65531, The letter to the Commissioner of Chairman, Committee for the Implementation published on December 20, 1994). Also Customs and the actions taken pursuant of Textile Agreements. see 59 FR 62717, published on to it are not designed to implement all [FR Doc. 95–7896 Filed 3–30–95; 8:45 am] December 6, 1994. of the provisions of the bilateral BILLING CODE 3510±DR±F The letter to the Commissioner of agreement, but are designed to assist Customs and the actions taken pursuant only in the implementation of certain of to it are not designed to implement all its provisions. Amendment and Establishment of of the provisions of the bilateral, but are Rita D. Hayes, Import Restraint Limits for Certain designed to assist only in the Chairman, Committee for the Implementation Cotton, Wool and Man-Made Fiber implementation of certain of its of Textile Agreements. Textile Products Produced or provisions. Manufactured in Hungary Committee for the Implementation of Textile Rita D. Hayes, Agreements March 27, 1995. Chairman, Committee for the Implementation of Textile Agreements. March 27, 1995. AGENCY: Committee for the Commissioner of Customs, Implementation of Textile Agreements Committee for the Implementation of Textile Department of the Treasury, Washington, DC (CITA). Agreements 20229. ACTION: Issuing a directive to the March 27, 1995. Dear Commissioner: Under the terms of Commissioner of Customs, section 204 of the Agricultural Act of 1956, Commissioner of Customs revising and establishing limits pursuant to the Department of the Treasury, Washington, DC as amended (7 U.S.C. 1854); pursuant to the 20229. Bilateral Textile Agreement, effected by Uruguay Round Agreement on Textiles Dear Commissioner: This directive exchange of notes dated May 24, 1991 and and Clothing (ATC). amends, but does not cancel, the directive August 20, 1991, as amended and extended, issued to you on November 29, 1994, by the between the Governments of the United EFFECTIVE DATE: April 3, 1995. Chairman, Committee for the Implementatin States and the Republic of Fiji; and in FOR FURTHER INFORMATION CONTACT: of Textile Agreements. That directive accordance with the provisions of Executive Anne Novak, International Trade concerns imports of certain wool and man- Order 11651 of March 3, 1972, as amended, Specialist, Office of Textiles and made fiber textile products, produced or you are directed to prohibit, effective on manufactured in Hungary and exported April 3, 1995, entry into the United States for Apparel, U.S. Department of Commerce, during the period beginning on January 1, consumption and withdrawal from (202) 482–4212. For information on the 1995 and extending through December 31, warehouse for consumption of cotton and quota status of these limits, refer to the 1995. man-made fiber textile products in Categories Quota Status Reports posted on the Effective on April 3, 1995, you are 338/339/638/639, produced or manufactured bulletin boards of each Customs port or directed, pursuant the Uruguay Round in Fiji and exported during the twelve-month call (202) 927–5850. For information on Agreements Act and the Uruguay Round period beginning on January 1, 1995 and embargoes and quota re-openings, call Agreement on Textiles and Clothing (ATC), extending through December 31, 1995, in (202) 482–3715. to increase and establish levels for the excess of 1,011,240 dozen 1 of which not following categories: more than 842,700 dozen shall be in SUPPLEMENTARY INFORMATION: Categories 338–S/339–S/638–S/639–S 2. Category Twelve-month 6106.10.0010, 6106.10.0030, 6106.90.2510, restraint limit 1 1 The limit has not been adjusted to account for 6106.90.3010, 6109.10.0070, 6110.20.1030, any imports exported after December 31, 1994. 6110.20.2045, 6110.20.2075, 6110.90.9070, 351/651 ...... 209,625 dozen. 2 Category 338–S: only HTS numbers 6112.11.0040, 6114.20.0010 and 6117.90.9020; 410 ...... 898,662 square me- 6103.22.0050, 6105.10.0010, 6105.10.0030, Category 638–S: all HTS numbers except 6105.90.8010, 6109.10.0027, 6110.20.1025, 6109.90.1007, 6109.90.1009, 6109.90.1013 and ters. 6110.20.2040, 6110.20.2065, 6110.90.9068, 6109.90.1025; Category 639–S: all HTS numbers 433 ...... 17,042 dozen. 6112.11.0030 and 6114.20.0005; Category 339–S: except 6109.90.1050, 6109.90.1060, 6109.90.1065 434 ...... 14,460 dozen. only HTS numbers 6104.22.0060, 6104.29.2049, and 6109.90.1070. 435 ...... 24,995 dozen. 16624 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices The Memorandum of Understanding for that period have been exhausted by Category Twelve-month restraint limit 1 (MOU) dated June 28, 1994 between the previous entries, such goods shall be subject Governments of the United States and to the levels set forth in this directive. 443 ...... 160,092 numbers. the State of Qatar establishes limits for Should Qatar become a member of the World Trade Organization (WTO), the limits 444 ...... 51,643 numbers. the period beginning on January 1, 1995 448 ...... 22,089 dozen. set forth above will be subject to adjustment 604 ...... 1,037,530 kilograms. and extending through December 31, in the future pursuant to the provisions of the 1995. Uruguay Round Agreement on Textiles and 1 The limits have not been adjusted to ac- These limits will be subject to Clothing and any administrative arrangement count for any imports exported after December revision pursuant to the Uruguay Round notified to the Textiles Monitoring Body. 31, 1994. Agreement on Textiles and Clothing In carrying out the above directions, the Textile products in Categories 351/651 (ATC) on the date that Qatar becomes a Commissioner of Customs should construe which have been exported to the United member of the World Trade entry into the United States for consumption States prior to January 1, 1995 shall not be Organization, the restraint limits will be to include entry for consumption into the subject to this directive. modified in accordance with the ATC. Commonwealth of Puerto Rico. Textile products in Categories 351/651 A description of the textile and The Committee for the Implementation of which have been released from the custody Textile Agreements has determined that of the U.S. Customs Service under the apparel categories in terms of HTS these actions fall within the foreign affairs provisions of 19 U.S.C. 1448(b) or 1484(a)(1) numbers is available in the exception of the rulemaking provisions of 5 prior to the effective date of this directive CORRELATION: Textile and Apparel U.S.C. 553(a)(1). shall not be denied entry under this Categories with the Harmonized Tariff Sincerely, directive. Schedule of the United States (see Rita D. Hayes, The limits set forth above are subject to Federal Register notice 59 FR 65531, Chairman, Committee for the Implementation adjustment in the future pursuant to the published on December 20, 1994). of Textile Agreements. provisions of the ATC and any administrative The letter to the Commissioner of [FR Doc. 95–7895 Filed 3–30–95; 8:45 am] arrangements notified to the Textiles Customs and the actions taken pursuant BILLING CODE 3510±DR±F Monitoring Body. to it are not designed to implement all The Committee for the Implementation of Textile Agreements has determined that of the provisions of the MOU, but are designed to assist only in the these actions fall within the foreign affairs COMMITTEE FOR PURCHASE FROM implementation of certain of its exception of the rulemaking provisions of 5 PEOPLE WHO ARE BLIND OR provisions. U.S.C. 553(a)(1). SEVERELY DISABLED Sincerely, Rita D. Hayes, Rita D. Hayes, Chairman, Committee for the Implementation Procurement List Proposed Additions Chairman, Committee for the Implementation of Textile Agreements. AGENCY: Committee for Purchase From of Textile Agreements. Committee for the Implementation of Textile [FR Doc. 95–7897 Filed 3–30–95; 8:45 am] Agreements People Who Are Blind or Severely Disabled. BILLING CODE 3510±DR±F March 27, 1995. Commissioner of Customs, ACTION: Proposed additions to Department of the Treasury, Washington, DC procurement list. Announcement of Import Restraint 20229. SUMMARY: The Committee has received a Limits for Certain Cotton and Man- Dear Commissioner: Under the terms of Made Fiber Textile Products Produced section 204 of the Agricultural Act of 1956, proposal to add to the Procurement List or Manufactured in Qatar as amended (7 U.S.C. 1854); pursuant to the commodities to be furnished by Memorandum of Understanding dated June nonprofit agencies employing persons March 27, 1995. 28, 1994 between the Governments of the who are blind or have other severe AGENCY: Committee for the United States and the State of Qatar; and in disabilities. Implementation of Textile Agreements accordance with the provisions of Executive COMMENTS MUST BE RECEIVED ON OR (CITA). Order 11651 of March 3, 1972, as amended, you are directed to prohibit, effective on BEFORE: May 1, 1995. ACTION: Issuing a directive to the April 4, 1995, entry into the United States for ADDRESSES: Committee for Purchase Commissioner of Customs establishing consumption and withdrawal from From People Who Are Blind or Severely import limits for the new agreement warehouse for consumption of cotton and Disabled, Crystal Square 3, Suite 403, year. man-made fiber textile products in the 1735 Jefferson Davis Highway, following categories, produced or Arlington, Virginia 22202–3461. EFFECTIVE DATE: April 4, 1995. manufactured in the State of Qatar and exported during the period beginning on FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: January 1, 1995 and extending through Beverly Milkman (703) 603–7740. Jennifer Tallarico, International Trade December 31, 1995, in excess of the following SUPPLEMENTARY INFORMATION: This Specialist, Office of Textiles and levels of restraint: notice is published pursuant to 41 Apparel, U.S. Department of Commerce, U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its Category Restraint limit 1 (202) 482–4212. For information on the purpose is to provide interested persons quota status of these limits, refer to the 340/640 ...... 344,500 dozen. an opportunity to submit comments on Quota Status Reports posted on the 341/641 ...... 159,000 dozen. the possible impact of the proposed bulletin boards of each Customs port or 347/348 ...... 392,200 dozen. action. call (202) 927–5850. For information on If the Committee approves the embargoes and quota re-openings, call 1 The limits have not been adjusted to ac- count for any imports exported after December proposed addition, all entities of the (202) 482–3715. 31, 1994. Federal Government (except as SUPPLEMENTARY INFORMATION: Imports charged to these category limits for otherwise indicated) will be required to Authority: Executive Order 11651 of March the period January 1, 1994 through December procure the commodities listed below 3, 1972, as amended; section 204 of the 31, 1994 shall be charged against those levels from nonprofit agencies employing Agricultural Act of 1956, as amended (7 of restraint to the extent of any unfilled persons who are blind or have other U.S.C. 1854). balances. In the event the limits established severe disabilities. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16625 I certify that the following action will SUPPLEMENTARY INFORMATION: This Basement and Mezzanine Floors (except not have a significant impact on a notice is published pursuant to 41 restrooms) substantial number of small entities. U.S.C. 47(a) (2) and 41 CFR 51–2.3. Its Washington, DC The major factors considered for this purpose is to provide interested persons NPA: Didlake, Inc. Manassas, Virginia certification were: an opportunity to submit comments on G. John Heyer, 1. The action will not result in any the possible impact of the proposed General Counsel. additional reporting, recordkeeping or actions. [FR Doc. 95–7980 Filed 3–30–95; 8:45 am] other compliance requirements for small If the Committee approves the BILLING CODE 6820±33±P entities other than the small proposed additions, all entities of the organizations that will furnish the Federal Government (except as commodities to the Government. otherwise indicated) will be required to Procurement List Additions 2. The action will result in procure the commodities and service authorizing small entities to furnish the listed below from nonprofit agencies AGENCY: Committee for Purchase From commodities to the Government. employing persons who are blind or People Who Are Blind or Severely 3. There are no known regulatory have other severe disabilities. Disabled. alternatives which would accomplish I certify that the following action will ACTION: Additions to the Procurement the objectives of the Javits-Wagner- not have a significant impact on a List. O’Day Act (41 U.S.C. 46–48c) in substantial number of small entities. connection with the commodities The major factors considered for this SUMMARY: This action adds to the proposed for addition to the certification were: Procurement List commodities and Procurement List. 1. The action will not result in any services to be furnished by nonprofit Comments on this certification are additional reporting, recordkeeping or agencies employing persons who are invited. Commenters should identify the other compliance requirements for small blind or have other severe disabilities. statement(s) underlying the certification entities other than the small EFFECTIVE DATE: May 1, 1995. on which they are providing additional organizations that will furnish the ADDRESSES: Committee for Purchase information. commodities and service to the From People Who Are Blind or Severely The following commodities has been Government. Disabled, Crystal Square 3, Suite 403, proposed for addition to Procurement 2. The action does not appear to have 1735 Jefferson Davis Highway, List for production by the nonprofit a severe economic impact on current Arlington, Virginia 22202–3461. agency listed: contractors for the commodities and FOR FURTHER INFORMATION CONTACT: Executive/Personal Time Management service. Beverly Milkman, (703) 603–7740. System 3. The action will result in SUPPLEMENTARY INFORMATION: On authorizing small entities to furnish the 7520–00–NSH–0087 (1′′ binder, specialized October 14, December 16, 30, 1994, commodities and service to the logo, seven sections, velcro closure) January 13, 27 and February 10, 1995, ′′ Government. 7520–00–NSH–0091 (1 binder, specialized the Committee for Purchase From logo, seven sections, zipper closure) 4. There are no known regulatory People Who Are Blind or Severely 7520–00–NSH–0092 (1.5′′ binder, alternatives which would accomplish Disabled published notices (59 FR specialized logo, five sections, no closure) the objectives of the Javits-Wagner- 52145, 65026, 67703, 60 FR 3196, 5373 NPA: Easter Seal Society of Allegheny O’Day Act (41 U.S.C. 46–48c) in and 7944) of proposed additions to the County Pittsburgh, Pennsylvania connection with the commodities and Procurement List. G. John Heyer, service proposed for addition to the After consideration of the material General Counsel. Procurement List. presented to it concerning capability of [FR Doc. 95–7979 Filed 3–30–95; 8:45 am] Comments on this certification are qualified nonprofit agencies to provide BILLING CODE 6820±33±P invited. Commenters should identify the the commodities and services, fair statement(s) underlying the certification market price, and impact of the on which they are providing additional additions on the current or most recent Procurement List Proposed Additions information. contractors, the Committee has The following commodities and AGENCY: Committee for Purchase From determined that the commodities and service have been proposed for addition People Who Are Blind or Severely services listed below are suitable for to Procurement List for production by Disabled procurement by the Federal Government the nonprofit agencies listed: ACTION: Proposed Additions to under 41 U.S.C. 46–48c and 41 CFR 51– procurement list. Commodities 2.4. Bottle, Prescription I certify that the following action will SUMMARY: The Committee has received not have a significant impact on a proposals to add to the Procurement List 6530–00–NIB–0007 (120 cc) 6530–00–NIB–0008 (200 cc) substantial number of small entities. commodities and a service to be The major factors considered for this furnished by nonprofit agencies 6530–00–NIB–0009 (250 cc) (Requirements for the Department of certification were: employing persons who are blind or 1. The action will not result in any have other severe disabilities. Veterans Affairs, Hines, IL) NPA: Alphapointe Association for the additional reporting, recordkeeping or COMMENTS MUST BE RECEIVED ON OR Blind Kansas City, Missouri other compliance requirements for small BEFORE: May 1, 1995. Liner, Foam Insert entities other than the small ADDRESSES: Committee for Purchase 8470–00–NIB–0002 organizations that will furnish the From People Who Are Blind or Severely NPA: Association for the Blind, Inc. commodities and services to the Disabled, Crystal Square 3, Suite 403, Charleston, South Carolina Government. 1735 Jefferson Davis Highway, 2. The action does not appear to have Arlington, Virginia 22202–3461. Service a severe economic impact on current FOR FURTHER INFORMATION CONTACT: Janitorial/Custodial contractors for the commodities and Beverly Milkman (703) 603–7740. Pentagon Building services. 16626 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 3. The action will result in 2164 Harding Highway East, Marion, proposed amendment to CBOT soybean authorizing small entities to furnish the Ohio meal futures contract’s locational price commodities and services to the Operation of Postal Service Center, differentials. Government. Building 20204 and 926, Kirtland Air FOR FURTHER INFORMATION CONTACT: 4. There are no known regulatory Force Base, New Mexico Frederick V. Linse, Division of alternatives which would accomplish Patient Escort Service, Veterans Economic Analysis, Commodity Futures the objectives of the Javits-Wagner- Administration Hospital, Houston, Trading Commission, 2033 K Street O’Day Act (41 U.S.C. 46–48c) in Texas NW., Washington, D.C. 20581, connection with the commodities and Recycling Service, Patrick Air Force telephone (202) 254–7303. services proposed for addition to the Base, Florida SUPPLEMENTARY INFORMATION: The Procurement List. Recycling Service, Basewide, Kelly Air existing terms of the soybean meal Accordingly, the following Force Base, Texas. futures contract provide for delivery of commodities and services are hereby This action does not affect current shipping certificates which call for added to the Procurement List: contracts awarded prior to the effective delivery of soybean meal at specified Commodities date of this addition or options CBOT-approved (regular) plants located exercised under those contracts. in six different geographical delivery Line, Tent, Manila 8340–00–252–2299 G. John Heyer, areas (delivery territories). The contract 8340–00–252–2285 General Counsel. currently sets forth specific fixed 8340–00–252–2286 [FR Doc. 95–7981 Filed 3–30–95; 8:45 am] locational price differentials applicable 8340–00–252–2269 BILLING CODE 6820±33±P to futures deliveries in each non-par delivery territory.1 Services The contract’s existing terms also Grounds Maintenance, Woodford U.S. COMMODITY FUTURES TRADING provide for annual adjustments to the Army Reserve Center, 1635 Armor COMMISSION above-noted locational price Road, Akron, Ohio differentials based on a specified Grounds Maintenance, Scouten U.S. Chicago Board of Trade: Proposed formula. Under the formula, the Army Reserve Center, 271 Hedges Amendment Pertaining to the cumulative weekly average of Street, Mansfield, Ohio Automatic Adjustment Procedure for outstanding soybean meal shipping Grounds Maintenance, Pennington Locational Price Differentials certificates in a given territory relative Memorial U.S. Army Reserve Center, Applicable to Deliveries on the to the total crushing capacity of all 2164 Harding Higway East, Marion, Soybean Meal Futures Contract regular plants in that delivery territory Ohio for a given crop year is compared to the Janitorial/Custodial, Federal Building & AGENCY: Commodity Futures Trading corresponding relationship for the five U.S. Courthouse, Alabama & 17th Commission. remaining delivery territories combined Streets, Jasper, Alabama ACTION: Notice of proposed contract for the same crop year.2 For any non-par Janitorial/Custodial, Federal Building & market rule changes. delivery territory, a derived ratio less U.S. Courthouse, 1118 24th Avenue, than or equal to .5 (greater than or equal North, Tuscaloosa, Alabama SUMMARY: The Chicago Board of Trade to 2.0) will result in an increase Janitorial/Custodial, National Weather (‘‘CBOT’’) has submitted a proposed (decrease) in the price differential for Service Office, 520 N. Elevar Street, amendment to its Regulation 1241.01 that territory by 50 cents per ton for the Oxnard, California regarding the minimum weekly average next calendar year. For the par delivery Janitorial/Custodial, Basewide, Dover number of shipping certificates during a territory (see footnote 1), a ratio less Air Force Base, Delaware crop year that must be outstanding to than or equal to .5 (equal to or greater Janitorial/Custodial, Buildings 844, 850, activate the automatic adjustment than 2.0) will result in a 50-cent-per-ton 862, 863, 867, 868 & 869, Fort procedure for the locational price increase (decrease) in the price Campbell, Kentucky differentials of the soybean meal futures differential for all other delivery Janitorial/Custodial, Federal Building contract. In accordance with Section territories for the next calendar year. and U.S. Post Office, 10 E. Babcock 5a(a)(12) of the Commodity Exchange Under the contract’s current terms, the Street, Bozeman, Montana Act and acting pursuant to the authority above-described automatic adjustments Janitorial/Custodial, Schaffner U.S. delegated by Commission Regulation may be made only if the weekly average Army Reserve Center, 1011 Gorge 140.96, the Acting Director of the Boulevard, Akron, Ohio Division of Economic Analysis 1 Currently, the par delivery area is the Central Janitorial/Custodial, Woodford U.S. (‘‘Division’’) of the Commodity Futures Territory (consists of the states of Illinois and Army Reserve Center, 1635 Armor Trading Commission (‘‘Commission’’) Kentucky). The contract’s locational price Road, Akron, Ohio, has determined, on behalf of the differentials for the other five delivery territories # are: Northeast Territory (composed of the states of Janitorial/Custodial, AMSA 3 U.S. Commission, that the proposed Army Reserve Center, 6830 Erie Indiana and Ohio)—$3.00 per ton premium; Mid amendment is of major economic South Territory (consists of the states of Tennessee, Avenue, Canal Fulton, Ohio significance. On behalf of the Arkansas and specified northern parts of Janitorial/Custodial, Hastings U.S. Army Commission, the Division is requesting Mississippi and Alabama)—$5.00 per ton premium; Missouri Territory (composed of the state of Reserve Center, 3120 Parkway Drive public comment on the proposal. NW, Canton, Ohio Missouri)—$1.00 per ton discount; Eastern Iowa Janitorial/Custodial, Jacob Parrott U.S. DATES: Comments must be received on Territory (consists approximately of the or before May 1, 1995. southeastern part of the state of Iowa)—$5.00 per Army Reserve Center, 1025 S. Main ton discount; and Northern Territory (contains that Street, Kenton, Ohio ADDRESSES: Interested persons should part of the state of Iowa not included in the Eastern Janitorial/Custodial, Scouten U.S. Army submit their views and comments to Iowa Territory)—$6.00 per ton discount. Reserve Center, 271 Hedges Street, Jean A. Webb, Secretary, Commodity 2 Under the contract’s rules, all crop years end on August 31. All adjustments to territorial Mansfield, Ohio Futures Trading Commission, 2033 K differentials based on a particular crop year become Janitorial/Custodial, Pennington Street NW., Washington, D.C. 20581. effective with respect to all contract months Memorial U.S. Army Reserve Center, Reference should be made to the expiring in the next calendar year. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16627 number of outstanding shipping above address or by telephone at (202) Program. That document addressed certificates for all territories combined 254–6314. potential environmental consequences for the crop year is 300 or more. No The materials submitted by the CBOT of the proposed research, development, changes in the locational price in support of the proposed amendment testing and production, basing, and differentials currently may be made if may be available upon request pursuant eventual decommissioning activities. It this average is less than 300. to the Freedom of Information Act (5 serves as the foundation for the TMD The proposed amendment would U.S.C. 552) and the Commission’s Extended Test Range FEIS. [BMDO reduce to 150 from 300 the minimum regulations thereunder (17 CFR Part 145 Director] have also carefully considered weekly average number of outstanding (1987)). Requests for copies of such the requirements of Executive Order shipping certificates during a crop year materials should be made to the FOI, 12898, Federal Actions to Address that must be observed in order to Privacy and Sunshine Act Compliance Environmental Justice in Minority activate the contract’s automatic Staff of the Office of the Secretariat at Populations and Low Income adjustment procedure for locational the Commission’s headquarters in Populations (Feb. 11, 1994), that this price differentials for the next accordance with CFR 145.7 and 145.8. action not have a disproportionate succeeding calendar year. Any person interested in submitting impact on minority or low-income The CBOT indicates that the purpose written data, views or arguments on the populations. proposed amendment should send such of the proposed amendment is to allow Need the contract’s locational price comments to Jean A. Webb, Secretary, differentials to reflect cash market Commodity Futures Trading The proposed extended range testing locational price relationships. The Commission, 2033 K Street NW., arises from compelling national security CBOT indicates, in this respect, that Washington, D.C. 20581 by the specified needs recognized by both the Congress reducing the minimum weekly average date. and the Administration. Effective Theater Missile Defense (TMD) is number of outstanding shipping Issued in Washington, D.C. on March 27, certificates needed to permit changes in 1995. necessary to protect forward deployed and expeditionary elements of the the contract’s price differentials will Blake Imel, allow such differentials to adjust more Armed Forces of the United States and Acting Director. U.S. friends and allies overseas. quickly toward changing cash market [FR Doc. 95–7971 Filed 3–30–95; 8:45 am] price differences between the contract’s Extended range testing is critical to the BILLING CODE 6351±01±P delivery territories. The CBOT notes development of an effective theater that, while the current automatic missile defense. adjustment feature has been in effect for DEPARTMENT OF DEFENSE Purpose three years, adjustments to the Extended range tests for TMD must contract’s locational price differentials Office of the Secretary realistically test missile defense systems were made only in 1993, the first under circumstances similar to a theater calendar year in which such changes Record of Decision for the Theater of operations. This includes were possible under the automatic Missile Defense Extended Test Range construction of target launch facilities; adjustment procedure. The CBOT Final Environmental Impact Statement development and testing of sensors, further indicated that, since that time, Battle Management Command, Control, no changes have been made to the price AGENCY: Ballistic Missile Defense and Communications components, and differentials, because the weekly Organization (BMDO). defensive missiles; and intercepts of average number of shipping certificates ACTION: Record of Decision text is as missiles over land and water areas. outstanding during the immediately follows: System operational needs require preceding crop years for each of these INTRODUCTION: This document records conducting target and other missile years was less than 300 shipping [BMDO Director’s] decision for the system flight tests and intercepts at certificates.3 According to the CBOT, if Ballistic Missile Defense Organization to altitudes and over distances, greater the standard were 150 outstanding conduct tests at two of four alternative than can be accommodated by current certificates, as proposed, the above- test ranges. The potential for ranges. These tests validate system noted adjustment formula would have environmental impacts at these ranges design and operational effectiveness of resulted in changes in the locational was analyzed and documented in the ground-based interceptors to protect our price differentials for several delivery Theater Missile Defense Extended Test forces and allies overseas from theater territories during 1994 and 1995. Range Final Environmental Impact ballistic missiles. The CBOT proposes to make the Statement (FEIS), and the public was amendment effective for adjustments in notified of its availability on January 13, Decision the locational price differentials for the 1995. The following ranges were [BMDO Director’s] decision is to January 1997 and subsequent contract considered for extended range testing: proceed with the extended range testing delivery months. White Sands Missile Range (WSMR), at the WSMR and the KRM. At WSMR, Copies of the proposed amendment New Mexico, Eglin Air Force Base [BMDO Director] select the option to will be available for inspection at the (AFB) Florida, Western Range, launch target missiles from Fort Wingate Office of the Secretariat, Commodity California, and Kwajalein Missile Range Depot Activity (FWDA) using Booster Futures Trading Commission, 2033 K (KMR), U.S. Army Kwajalein Atoll Drop Zone C, with intercepts over Street NW, Washington, D.C. 20581. (USAKA), Republic of the Marshall WSMR. It is part of [BMDO Director’s] Copies of the amended terms and Islands. decision to take action to reserve a conditions can be obtained through the In September 1993, [BMDO] issued portion of FWDA for the proposed TMD Office of the Secretariat by mail at the [BMDO’s] Record of Decision (ROD) for activities. On February 28, 1994, the the TMD Final Programmatic BMDO notified the Secretary of the 3 The CBOT notes that a weekly average of 298 and 222 shipping certificates were outstanding Environmental Impact Statement which Army of its potential need for sufficient during the 1992/93 and 1993/94 crop years, analyzed potential environmental property at FWDA to conduct missile respectively. impacts over the life-cycle of the TMD launch activities, including provision 16628 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices for security, safety, and access. The impossible to fully validate system B would have created significant land BMDO will confirm its need for design and operational effectiveness in use problems associated with restricting property at FWDA and take other a variety of realistic theater access to Canyonlands National Park necessary actions to ensure such environments. Although this alternative and Dead Horse State Park. Use of either property is not disposed of under the is the environmentally preferable of these drop zones would also have provisions of the Base Realignment and alternative, it was not selected because necessitated temporary closure of Closure Act. [BMDO Director] have it fails to meet BMDO’s mission Interstate 70 and portions of the Green decided not to select sea-based target requirements. A comparison of the River adjacent to the launch area, due to missile launches at this time. [BMDO impacts at the four ranges revealed the the requirement for a large launch Director] select only the land-based least impacts to resources at the KMR. hazard area. The new Booster Drop target launch option from Wake Island Impacts to resources at Western Range, Zones C1 and C2 for GRLC included for the KMR alternative. Missile Eglin AFB, are roughly equivalent. The Bureau of Land Management (BLM) intercepts will take place over existing greatest potential impacts were state of Utah, and private land, as well impact areas or open sea areas at KMR. identified for the WSMR alternative and as the Bridger Jack Mesa and Fish Creek are primarily related to land use, Canyon Wilderness Study Areas. Proposed Action and Alternatives cultural, and transportation issues Concerns included restrictions on Background: The proposed action associated with the initial booster drop public access for recreation, and analyzed in the TMD Extended Test zones analyzed in the Draft EIS. hunting. Booster impacts within the Range FEIS was to conduct extended White Sands Missile Range Candidate wilderness study area could be avoided, range tests of target missiles, defensive Test Area Alternative: This alternative and missile launches could be timed so missiles, and sensor systems at one or included defensive missile launches as to minimize impacts to recreation more of four alternative test range areas. from WSMR, New Mexico, and Fort and avoid nesting and breeding seasons The tests would involve target and Bliss, Texas, and off-range target missile of sensitive species. However, the defense missile launches from existing launches from FWDA, New Mexico, and authority to use BLM lands for military test ranges and from off-range locations the Green River Launch Complex purposes, including the proposed with intercepts over existing ranges or (GRLC), Utah, with intercepts over missile tests involving booster drops, open ocean areas. Preparations and WSMR. Testing of TMD radars, would require a lengthy process that testing would begin in 1995 and positioned on WSMR, would occur would not be responsive to current continue into the next century. The during these flight tests. This option testing needs. Consequently GRLC FEIS compared the impacts of also included Army tactical missile options are not under current alternative test range areas and a no- launches from FWDA with impacts on consideration. action alternative. WSMR. [BMDO Director] anticipate In the case of the FWDA option, use As individual TMD system programs approximately 6 to 8 launches per year of either Booster Drop Zone A or B mature to the point of defining specific from FWDA. would require a launch hazard area flight/intercept test requirements, the Two potential booster Drop Zones (A extending up to 41⁄2 miles from the most appropriate test range area(s) and B) were analyzed in the Draft EIS launch site. This caused substantial capable of meeting test requirements for both the FWDA and GRLC target safety concerns for the local community will be identified. The proposed action launch options. Substantial concerns about a nearby school and residences includes safety measures and standard were raised over the use of these drop and other areas at FWDA. In addition, range operating procedures to ensure zones. Although a number of Booster Drop Zone B included portions the safety of the public and the mitigations could have been of the El Malpais National Monument environment. Some of these safety implemented to minimize the land use and the El Malpais National measures include (1) activating new or and other impacts, they could have Conservation Area, which encompassed existing restricted airspace, (2) the become significant. In addition, [BMDO wilderness and wilderness study areas. establishment and evacuation of launch Director] am sensitive to general Use of this drop zone would be hazard areas and booster drop zones, concerns about missile overflight of considered significant because it including temporary closure of substantial areas of Native American restricts access to recreational areas and associated roads, and (3) public lands in Utah and New Mexico. conflicts with the statutory purposes for notification of launch activities, Accordingly, other booster drop zones these special use areas. Booster drop including Notices to Airmen and were identified and analyzed for both zones A and B will not be used. Notices to Mariners. the FWDA and GRLC options in a The new Booster Drop Zone C for No-Action Alternative: Ongoing supplement to the Draft EIS. In both FWDA includes U.S. Forest Service and activities and operations would cases, these drop zones were further private land. Both the public land continue to be performed at all away from the launch position and manager and private owner have locations. The development of ground further along the flight path and expressed their willingness to allow use based TMD missile and sensor systems required smaller launch hazard areas at of these lands for booster drops. Use of would continue, with missile flight tests the launch site due to a less vertical this booster drop zone greatly reduces and target intercepts being conducted trajectory at launch. This enabled the the launch hazard area at FWDA and utilizing existing test ranges. Testing for respective launch hazard areas to be significantly improves safety for nearby TMD would likely increase at WSMR reduced in size, responsive to the schools and residences, in keeping with and possibly at the KMR. Ground-based concerns about proximity to schools, the purpose of E.O. 12898 to avoid TMD testing of missile and sensor residences, and other potential users of disproportionate impacts on minorities, systems at Eglin AFB and the Western surrounding areas at FWDA. It also such as the Indian communities in the Range would not occur. The missile avoided the requirement to close Fort Wingate area. No significant testing restrictions associated with Interstate 70 and portions of the Green environmental impacts have been existing ranges, particularly with shorter River during launches for the GRLC identified associated with this drop range missile flights conducted at option. zone. WSMR, place artificial limits on system In the case of the GRLC target launch Kwajalein Missile Range, USAKA, test capabilities. This would make it options, both Booster Drop Zones A and Republic of the Marshall Islands Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16629 Alternative: This alternative included the Pacific Ocean. No significant basis and prior to each missile launch. missile launches and sensor testing at impacts are predicted with the use of Consultation with local community KMR and Wake Island. USAKA would Western Range. Health and safety and groups will establish the procedures, be primarily used for launching airspace impacts would be avoided by and coordinate times for use of FWDA defensive missiles, however, there is a the issuance of Notices to Airmen and lands under BMDO control during possibility that target missiles may be Notices to Mariners, and ensuring that periods of launch inactivity. launched from USAKA. Wake Island the launch, booster drop, and intercept At the USAKA, the existing USAKA would primarily be used for target debris impact areas are clear of all air mitigation plan will be followed. Other missile launches, however, it also could traffic before proceeding with the test mitigations include: International be used for defensive missile launches. flights. This alternative is not selected at Notices to Airmen and Notices to Technical difficulties with launches and this time because test objectives could Mariners, timely coordination with the costs removed sea-based target missile be met at other ranges, sea-launch International Civil Aviation launches from consideration. Existing capabilities will not be available, and Organization through the Federal facilities at KMR and at Wake Island additional test instrumentation is Aviation Administration, adherence to and planned construction of Wake needed. established procedures for keep-out Island (analyzed in the Wake Island Alternatives Considered But Not zones, hazard areas, and limitations on Environmental Assessment, 1994) Carried Forward: Initially eleven use of radars, and a scheduling plan will would be adequate for TMD interceptor candidate test range areas were be implemented to minimize airspace and target launching activities; therefore considered for TMD testing. Criteria and health and safety impacts. minimal environmental impacts are used to evaluate candidate test ranges Preconstruction surveys and/or other anticipated. Issues of concern included included weather, scheduling, range mitigation measures will be potential impacts on sensitive plant and instrumentation, range safety, and accomplished in coordination with the animal species at the KMR and Wake debris recovery. All but the four ranges appropriate Federal agencies and the Island, particularly in undisturbed analyzed in the FEIS were eliminated by Republic of the Marshall Islands areas, the potential for damage, the criteria established at the beginning Environmental Protection Authority to destruction, or vandalism of cultural of the selection process. protect cultural resources and resources, and safety issues. Mitigations Mitigation, Monitoring, and threatened and endangered species. included avoidance of areas of native Enforcement [BMDO Director] will implement vegetation and sea turtle nesting areas. appropriate safeguards as subsequent consultation with appropriate U.S. and All practicable means to avoid and decisions are made regarding system Marshallese officials to establish minimize environmental harm will be components and basing locations, and procedures to protect cultural resources taken. [BMDO Director] direct BMDO as their accompanying environmental such as data recovery, and avoidance. Deputies and Program Executive documents elaborate specific Mitigations also establish hazard areas Officers to monitor extended range requirements for monitoring and and place operating restrictions on testing activities and ensure the enforcement. radars to avoid significant impacts. No following mitigation measures described significant environmental impacts are in the TMD Extended Test Range FEIS Date and Signature predicted with the use of KMR or Wake are implemented. Specifically, at the Record of Decision was signed March Island. WSMR, and the associated FWDA, 21, 1995 by Malcolm R. O’Neill, Eglin Air Force Base Candidate Test mitigations will include implementing Lieutenant General, United States Army, Area Alternative: This alternative would the Evacuation Plan, Booster Recovery Director, Ballistic Missile Defense include missile launches and sensor Plan, and Emergency Response Plan. Organization. testing at Eglin AFB on Santa Rosa Launches will be avoided during FOR FURTHER INFORMATION CONTACT: Island and at Cape San Blas, Florida, weather conditions that would have Mr. Rick Lehner, BMDO/SRE, with missile launches from a sea-based adverse effects on air quality or on test Washington, DC 20301–7100, (703) 695– platform in the Gulf of Mexico. No safety. To the extent possible, launches 8743. significant impacts are predicted with will be scheduled to avoid major events Dated: March 27, 1995. the use of Eglin AFB. Health and safety such as major military maneuvers (i.e., and airspace impacts would be avoided Roving Sand Operations), holidays, Patricia L. Toppings, by the issuance of Notices to Airmen hunting seasons, cattle roundups, or Alternate OSD Federal Register Liaison and Notices to Mariners, and ensuring local festivities that could be effected by Officer, Department of Defense. that the launch, booster drop, and the testing activities. Maximum advance [FR Doc. 95–7892 Filed 3–30–95; 8:45 am] intercept debris impact areas are clear of notice of launch activities will be BILLING CODE 5000±04±M air and water traffic before proceeding provided to local communities, with the test flights. This alternative is travelers, etc., as described in the FEIS. not selected at this time because test Prior to conducting launches and Meeting of the Commission on Roles objectives could be met at other ranges, starting construction, consultation with and Missions of the Armed Forces sea-launch capabilities will not be appropriate Federal and state agencies, AGENCY: Department of Defense, available, and additional test as discussed in the EIS will occur Commission on Roles and Missions of instrumentation is needed. concerning specific debris impact areas, the Armed Forces. debris recovery activities, and Western Range Test Area Alternative: ACTION: Notice. This alternative would include missile prelaunch and preconstruction surveys launches and sensor testing at in order to protect cultural resources SUMMARY: Notice is hereby given of a Vandenberg AFB, San Nicolas Island of and threatened and endangered species. forthcoming meeting of the Commission the Naval Air Warfare Center Weapons American Indian concerns regarding on Roles and Missions of the Armed Division, and San Clemente Island of access to and disturbance of sacred Forces. the Naval Air Station North Island, lands will be addressed during The Commission is charged with California, with off-range missile consultation with each affected providing an independent review of the launches from a sea-based platform in American Indian group on a regular roles and missions of the armed services 16630 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices to Congress, the Secretary of Defense Dated: March 27, 1995. advance of each event to facilitate their and the Chairman of the Joint Chiefs of Patricia L. Toppings, requirements. Staff. The year-long review will identify Alternate OSD Federal Register Liaison Dated: March 27, 1995. changes that can be made to improve Officer, Department of Defense. Patricia L. Toppings, military effectiveness and eliminate [FR Doc. 95–7891 Filed 3–30–95; 8:45 am] Alternate OSD Federal Register Liaison unnecessary duplication among the BILLING CODE 5000±04±M services. The purpose of this meeting is Officer, Department of Defense. to discuss some of the specific roles and [FR Doc. 95–7889 Filed 3–30–95; 8:45 am] missions issues that are being developed Defense Base Closure and BILLING CODE 5000±04±M for consideration by the Commission. Realignment Commission Investigative Material to be discussed will consist of Hearings both classified and unclassified Department of the Army information in a format that makes it AGENCY: Defense Base Closure and impractical to separate the two. Realignment Commission (a Environmental Advisory Board; Presidentially appointed commission Meeting In accordance with section 10(d) of separate from and independent of DOD). the Federal Advisory Committee Act, ACTION: Notice of General Accounting AGENCY: Army Corps of Engineers, DOD. Public Law 92–453, as amended (5 Office and Joint Cross-Service U.S.C. App II), it has been determined ACTION: Notice of open meeting. Investigative Hearings. that this Commission on Roles and Missions meeting concerns matters SUMMARY: Pursuant to Public Law 101– In accordance with section 10(a)(2) of listed in 5 U.S.C. 552b(c)(1), and that, 510, as amended, the Defense Base the Federal Advisory Committee Act accordingly, this meeting will be closed Closure and Realignment Commission (Pub. L. 92–403), this notice sets forth to the public. announces a day of investigative the schedule and proposed agenda of DATES: April 9–10, 1995. hearings to be held in Washington, D.C. the forthcoming meeting of the Chief of The purpose of these hearings is for the Engineers Environmental Advisory Dated: March 27, 1995. Commission to receive testimony from Board (EAB). The meeting is open to the L.M. Bynum, the General Accounting Office and public. Alternate OSD Federal Register Liaison Defense Department officials. Officer, Department of Defense. Dates: The meeting will be held from 8:00 The specific dates, locations, and am, Tuesday, April 11, 1995 to 11:00 am, [FR Doc. 95–7882 Filed 3–30–95; 8:45 am] general topics follow: Thursday April 13, 1995. BILLING CODE 5000±04±M April 17 (Location: Hart Senate Office Meeting Location: Sheraton Premier Hotel, Building, Room 216) Tyson’s Corner, 8661 Leesburg Pike, Vienna, Virginia. Defense Science Board Task Force on —The General Accounting Office Addresses: Office of Environmental Policy, Unique Surveillance Technologies formally presents the Commission Headquarters, U.S. Army Corps of Engineers, its detailed analysis of the base- Washington, DC 20314–1000. ACTION: Notice of Advisory Committee closure selection process and For Further Information Contact: Mr. Paul Meetings. recommendations of the Secretary Rubenstein, (202) 272–8731. of Defense. SUMMARY: The Defense Science Board —Chairpersons of the Defense Agenda Task Force on Unique Surveillance Department’s Joint Cross Service The schedule and proposed agenda of the Technologies will meet in closed Groups present testimony regarding subject meeting on ‘‘Planning for Tomorrow: session on April 4–6, 1995, at the their recommendations in the Uniting the Army Corps of Engineers and the Pentagon, Arlington, Virginia. following areas: Environmental Community’’ follows: —Military Depots The mission of the Defense Science Tuesday, April 11, 1995 Board is to advise the Secretary of —Military Undergrade Pilot Training —Military Hospitals 0800–0815 Welcome Ceremonies & Defense through the Under Secretary of Induction of New Board Members Defense for Acquisition and Technology —Military Laboratories —Military Test and Evaluation 0815–0845 Chief’s Charge to the Board on scientific and technical matters as 0845–0900 EAB Chair Response they affect the perceived needs of the The April 17 hearing will begin at 0900–0915 Overview of Meeting Structure Department of Defense. At this meeting 8:00 a.m. The building and room 0915–1100 Session 1: ‘‘Building New the Task Force will review and evaluate number is noted in parentheses Partnerships—Applying Engineering Have Gaze and related surveillance following the date of the hearing. Means to Achieve Environmental Ends’’. technologies and to assess overall However, hearing location, date, and A Moderated Panel Discussion using a technological maturity, technical and time are subject to change based upon discussion paper followed by comments operational issues, potential military availability of facilities. and discussion: utility, and appropriate technology FOR FURTHER INFORMATION CONTACT: Moderator: Dr. Lettie Wenner, EAB Chair, investment. Mr. Wade Nelson, Director of Northern Illinois University Communications, at (703) 696–0504. Discussants: Dr. Benjamin Dysart, III, In accordance with Section 10(d) of Dysart and Associates, Atlanta; Dr. the Federal Advisory Committee Act, SUPPLEMENTARY INFORMATION: Changes Warren Viessman, Jr., University of P.L. No. 92–463, as amended (5 U.S.C. to the above schedule will be published Florida; Dr. Evan Vlachos, Colorado App. II, (1988)), it has been determined in the Federal Register by the State University that this DSB Task Force meeting, Commission. Please call the 1100–1200 Facilitated Group Discussion in concerns matters listed in 5 U.S.C. Commission to confirm dates, times, Plenary (Facilitator: L. Aggens) § 552b(c) (1) (1988), and that and locations prior to each event. accordingly this meeting will be closed Individuals needing special assistance to the public. should contact the Commission in Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16631 1200–1330 Conference Luncheon: Keynote Caldwell, EAB Charter Member; response; (11) The estimated total speech by Major General Stanley Genega, Lieutenant General E. R. Heilberg, USA annual respondent burden; and (12) A Director of Civil Works on the History of (Ret.); Dr. Warren Viessman, Former EAB brief abstract describing the proposed Environmental Partnering in the U.S. Chair; Dr. Beverly Wright, Incoming EAB collection and the respondents. Army Corps of Engineers. Member 1330–1530 Session 2: ‘‘Environmental Guests: Lieutenant General John Morris, DATES: Comments must be filed on or Decision-Making in the Corps— USA (Ret.); Lieutenant General Joseph before May 1, 1995. If you anticipate Involvement of Environmental, Bratton, USA (Ret.); Lieutenant General that you will be submitting comments Community and Other Public Groups in Henry Hatch, USA (Ret.) but find it difficult to do so within the Corps Decision-Making’’. A Moderated Thursday, April 13, 1995 time allowed by this notice, you should Panel Discussion using prepared case advise the OMB DOE Desk Officer listed studies examining who participates and 0800–0900 Report of the EAB to the Chief how. 0900–0930 Break below of your intention to do so as soon Moderator: Dr. James Regens, EAB Vice- 0930–1000 Chief’s Response as possible. The Desk Officer may be Chair, Tulane University 1000–1100 Public Comments telephoned at (202) 395–3084. (Also, Discussants: Dr. Stuart Langton, Challenge 1100 Adjourn please notify the EIA contact listed to Leadership, Boston; Mr. James R. This meeting is open to the general public below.) Hanchey, USACE, Lower Mississippi but has limited seating. ADDRESSES: Address comments to the Valley Division; Colonel Terrance Salt, Kenneth L. Denton, Department of Energy Desk Officer, South Florida Ecosystem Restoration Army Federal Register Liaison Officer. Task Force; Mr. Joseph Browder, Office of Information and Regulatory [FR Doc. 95–7998 Filed 3–30–95; 8:45 am] Everglades Coalition; Ms. Karen Illardo, Affairs, Office of Management and National Audubon Society BILLING CODE 3710±92±M Budget, 726 Jackson Place NW., 1530–1630 Facilitated Group Discussion Washington, DC 20503. (Comments in Plenary (Facilitator: L. Aggens) should also be addressed to the Office 1630 Adjourn DEPARTMENT OF ENERGY of Statistical Standards at the address below.) Wednesday, April 12, 1995 Energy Information Administration 0800–0830 Overview of the day. FOR FURTHER INFORMATION CONTACT: 0830–1000 Simultaneous Workshops on Agency Information Collection Under Requests for additional information or specific environmental programs.— Review by the Office of Management copies of the forms and instructions Section 1135 Program and Budget should be directed to Norma White, Moderators: Ms. Ellen Cummings, Office of Statistical Standards, (EI–73), HQUSACE; Mr. Timothy Searchinger, AGENCY: Energy Information Forrestal Building, U.S. Department of Environmental Defense Fund Administration, Department of Energy. Moderators: Mr. Michael Davis, Energy, Washington, DC 20585. Ms. ACTION: Notice of request submitted for HQUSACE; Mr. Russell Shay, The White may be telephoned at (202) 254– Nature Conservancy—Methods to review by the Office of Management and 5327. Budget. Integrate Economics and Environment SUPPLEMENTARY INFORMATION: The Moderators: Mr. Ken Orth, USACE Institute SUMMARY: energy information collection submitted for Water Resources—Environmental The Energy Information Restoration Administration (EIA) has submitted the to OMB for review was: Moderators: Mr. Larry Lower, USACE energy information collection(s) listed at 1. Federal Energy Regulatory Baltimore District; Ms. Constance Hunt, the end of this notice to the Office of Commission World Wildlife Fund—Flood Plan Management and Budget (OMB) for 2. FERC–555 Management and Non-Structural review under provisions of the 3. 1902–0098 Approaches Paperwork Reduction Act (Pub. L. No. Moderators: Mr. Charles Moeslein, 4. Preservation of Records of Public 96–511, 44 U.S.C. 3501 et seq.). This Utilities and Licenses, Natural Gas HQUSACE; Mr. Scott Faber, American listing does not include collections of Rivers—The Corps Partnership Kit Companies and Oil Pipeline information contained in new or revised Moderator: Mr. Richard Sinclair, USACE Companies regulations which are to be submitted Institute for Water Resources 5. Extension under section 3504(h) of the Paperwork 1000–1030 Break 6. Mandatory 1030–1200 Simultaneous Workshops Reduction Act, nor management and Repeated procurement assistance requirements 7. Business or other for-profit 1200–1330 Lunch collected by the Department assistance 8. 500 responses 1330–1500 Session 3: A Facilitated requirements collected by the 9. 1 response Discussion of Issues, concerns and Department of Energy (DOE) 10. 24,400 hours per response recommendations raised in the Each entry contains the following 11. 1,200,000 hours simultaneous workshops. (Facilitator: L. information: (1) The sponsor of the Aggens) 12. The records retention regulations 1830–2200 Conference Dinner and Special collection (the DOE component or establish retention periods and Plenary Session—‘‘Twenty Five Years of Federal Energy Regulatory Commission necessary guidelines and the Chief of Engineers Environmental (FERC)); (2) Collection number(s); (3) requirements to sustain retention of Advisory Board: Perspectives of the Current OMB docket number (if applicable records for the 500 History-Makers on its Importance and applicable); (4) Collection title; (5) Type regulated public utilities, natural Influence’’ of request, e.g., new, revision, extension, gas and oil pipeline companies Moderator: Mr. Jimmy Bates, Deputy or reinstatement; (6) Response subject to the jurisdiction of the Director of Civil Works obligation, i.e., mandatory, voluntary, or Federal Energy Regulatory Keynote Speaker: Dr. John Zirschky, Acting required to obtain or retain benefit; (7) Assistant Secretary of the Army (Civil Commission. Works) Affected public; (8) An estimate of the Statutory Authority: Sec. 2(a) of the Panelists: Lieutenant General Arthur number of respondents per report Paperwork Reduction Act of 1980, (Pub. L. Williams, Chief of Engineers; Dr. Lettie period; (9) An estimate of the number of 96–511), which amended Chapter 35 of Title Wenner, EAB Chair; Lieutenant General responses per respondent annually; (10) 44 United States Code (See 44 U.S.C. 3506(a) Frederick Clarke, USA (Ret.); Dr. Lynton An estimate of the average hours per and (c)(1). 16632 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices Issued in Washington, D.C., March 25, taken but will not serve to make the [Docket No. ER94±1545±000] 1995. protestants parties to the proceeding. Yvonee M. Bishop, Any person wishing to become a party Calpine Power Marketing, Inc.; Notice Director, Office of Statistical Standards, to a proceeding or to participate as a of Issuance of Order Energy Information Administration. party in any hearing therein must file a March 28, 1995. [FR Doc. 95–7976 Filed 3–30–95; 8:45 am] motion to intervene in accordance with On August 9, 1994 and February 8, BILLING CODE 6450±01±M the Commission’s Rules. Take further notice that, pursuant to 1995, Calpine Power Marketing, Inc. the authority contained in and subject to (CPMI) submitted for filing a rate Federal Energy Regulatory jurisdiction conferred upon the Federal schedule under which CPMI will engage Commission Energy Regulatory Commission by in wholesale electric power and energy transactions as a marketer. CPMI also [Docket No. CP95±251±000] Sections 7 and 15 of the Natural Gas Act and the Commission’s Rules of Practice requested waiver of various Commission Pacific Interstate Transmission and Procedure, a hearing will be held regulations. In particular, CPMI Company; Notice of Application without further notice before the requested that the Commission grant Commission or its designee on this blanket approval under 18 CFR Part 34 March 27, 1995. application if no motion to intervene is of all future issuances of securities and Take notice that on March 8, 1995, filed within the time required herein, if assumptions of liability by CPMI. Pacific Interstate Transmission the Commission on its own review of On March 9, 1995, pursuant to Company (PITCO), 633 West Fifth the matter finds that a grant of the delegated authority, the Director, Street, Suite 5400, Los Angeles, certificate is required by the public Division of Applications, Office of California, 90071–2071, filed in Docket convenience and necessity. If a motion Electric Power Regulation, granted No. CP95–251–000, an application for leave to intervene is timely filed, or requests for blanket approval under Part pursuant to Section 7(c) of the Natural if the Commission on its own motion 34, subject to the following: Gas Act for authorization to establish an believes that a formal hearing is Within thirty days of the date of the additional delivery point at Blanco, required, further notice of such hearing order, any person desiring to be heard New Mexico for the sale of gas to will be duly given. or to protest the blanket approval of PITCO’s sole customer, Southern Under the procedure herein provided issuances of securities or assumptions of California Gas Company (SoCalGas), all for, unless otherwise advised, it will be liability by CPMI should file a motion as more fully set forth in the application unnecessary for PITCO to appear or be to intervene or protest with the Federal which is on file with the Commission represented at the hearing. Energy Regulatory Commission, 825 and open for public inspection. Lois D. Cashell, Specifically, PITCO intends to North Capitol Street, N.E., Washington, establish an additional sale and delivery Secretary. D.C. 20426, in accordance with Rules point at Blanco, New Mexico for the sale [FR Doc. 95–7901 Filed 3–30–95; 8:45 am] 211 and 214 of the Commission’s Rules of Canadian gas to SoCalGas. PITCO BILLING CODE 6717±01±M of Practice and Procedure (18 CFR states that the additional sale and 385.211 and 385.214). delivery point is necessary because of El [Docket No. RP91±203±000, et al.] Absent a request for hearing within Paso Natural Gas Company’s (El Paso) this period, CPMI is authorized to issue increasing inability to receive all of Tennessee Gas Pipeline Company, securities and assume obligations or PITCO’s natural gas supplies on a firm Notice of Informal Settlement liabilities as a guarantor, indorser, basis at the existing El Paso receipt Conference surety, or otherwise in respect of any point from Northwest Pipeline security of another person; provided Corporation (Northwest) at Ignacio, March 27, 1995. that such issuance or assumption is for Colorado. PITCO says the additional Take notice that an informal some lawful object within the corporate sale and delivery point will provide settlement conference will be convened purposes of the applicant, and SoCalGas with greater flexibility in this proceeding on Wednesday, April compatible with the public interest, and concerning its purchases, and will 5, 1995, at 10:00 a.m., at the offices of is reasonably necessary or appropriate eliminate unnecessary alternative the Federal Energy Regulatory for such purposes. transportation costs and construction of Commission, 810 First Street, N.E., The Commission reserves the right to unnecessary pipeline additions. Washington, D.C. for the purpose of require a further showing that neither PITCO states that the addition of new exploring the possible settlement of the public nor private interests will be sale and delivery points is specifically above-referenced docket. adversely affected by continued Any party, as defined by 18 CFR provided by the General Terms and approval of CPMI’s issuances of 385.102(c), or any participant, as Conditions of PITCO’s FERC Gas Tariff. securities or assumptions of liability. Any person desiring to be heard or to defined by 18 CFR 385.102(b), is invited to attend. Persons wishing to become a Notice is hereby given that the make any protest with reference to said deadline for filing motions to intervene application should on or before April party must move to intervene and receive intervenor status pursuant to the or protests, as set forth above, is April 17, 1995, file with the Federal Energy 10, 1995. Regulatory Commission, Washington, Commission’s regulations (18 CFR D.C. 20426, a motion to intervene or a 385.214). Copies of the full text of the order are protest in accordance with the For additional information, please available from the Commission’s Public requirements of the Commission’s Rules contact Dennis H. Melvin at (202) 208– Reference Branch, Room 3308, 941 of Practice and Procedure (18 CFR 0042 or Donald Williams at (202) 208– North Capitol Street, N.E. Washington, 385.214 or 385.211) and the Regulations 0743. D.C. 20426. under the Natural Gas Act (18 CFR Lois D. Cashell, Lois D. Cashell, 157.10). All protests filed with the Secretary. Secretary. Commission will be considered by it in [FR Doc. 95–7900 Filed 3–30–95; 8:45 am] [FR Doc. 95–7951 Filed 3–30–95; 8:45 am] determining the appropriate action to be BILLING CODE 6717±01±M BILLING CODE 6717±01±M Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16633 [Docket No. ER95±300±000] [Project No. 4031±041 et al.] Company with a copy to the Commission at the following address: Wickland Power Services; Notice of Hydroelectric Applications, City of Federal Energy Regulatory Commission, Issuance of Order Peru, Illinois, et al.; Notice of 825 North Capitol Street, Attn: Ms. Applications March 28, 1995. Kelly Fargo, Mailstop HL 20.1, Room Take notice that the following 1040, Washington, DC 20426. On December 20, 1994 and February i. As discussed in the Commission’s 6, 1995, Wickland Power Services hydroelectric applications have been filed with the Commission and are letter to all parties on February 14, 1995, (WPS) submitted for filing a rate and pursuant to Section 4.32(b)(7) of 18 schedule under which WPS will engage available for public inspection: 1 a. Type of Application: Amendment CFR of the Commission’s regulations, if in wholesale electric power and energy any resource agency, Indian Tribe, or transactions as a marketer. WPS also of License. b. Project No.: 4031–041. person believes that an additional requested waiver of various Commission scientific study should be conducted in regulations. In particular, WPS c. Date filed: September 9, 1994. d. Applicant: City of Peru, Illinois. order to form an adequate factual basis requested that the Commission grant for a complete analysis of the blanket approval under 18 CFR Part 34 e. Name of Project: Starved Rock. f. Location: The project is located near application on its merit, the resource of all future issuances of securities and agency, Indian Tribe, or person must file assumptions of liability by WPS. Utica, Lasalle County, Illinois, approximate Illinois River mile 231.0. a request for a study with the On March 16, 1995, pursuant to g. Filed pursuant to: Federal Power Commission not later than 90 days from delegated authority, the Director, Act, 16 U.S.C. 791(a)–825(r). the date that Georgia Power served a Division of Applications, Office of h. Applicant Contact: Mayor Donald copy of the preliminary DEA and draft Electric Power Regulation, granted F. Baker, City of Peru, 1715 Fifth Street, license application to all parties and requests for blanket approval under Part Peru, IL 61354, (815) 223–1148. serve a copy of the request on the 34, subject to the following: i. FERC Contact: Buu T. Nguyen, (202) applicant. Any party interested in filing Within thirty days of the date of the 219–2913. an additional study request must do so order, any person desiring to be heard j. Comment Date: April 27, 1995. before June 13, 1995. or to protest the blanket approval of k. Description of Amendment: The 3 a. Type of Application: New Major issuances of securities or assumptions of licensee, City of Peru, applied for an License. liability by WPS should file a motion to amendment of license to include a b. Project No.: 2389–010. intervene or protest with the Federal transmission line which was built in c. Date Filed: December 20, 1991. Energy Regulatory Commission, 825 December of 1993. The transmission d. Applicant: Edwards Manufacturing North Capitol Street, N.E., Washington, line is approximately 9.5 miles long. Company Inc. D.C. 20426, in accordance with Rules The transmission line travels down the e. Name of Project: Augusta 211 and 214 of the Commission’s Rules upstream slope of the north Hydroelectric Project. f. Location: On the Kennebec River in of Practice and Procedure (18 CFR embankment, and continues underwater Kennebec County, in the City of 385.211 and 385.214). (approximately 180 feet) to the north Augusta, Maine. lock wall. The remaining of the line is Absent a request for hearing within g. Filed Pursuant to: Federal Power overhead type beginning at Dee Bennett this period, WPS is authorized to issue Act, 16 U.S.C. 791(a)– 825(r). securities and assume obligations or Road. h. Applicant Contact: Mr. Mark liabilities as a guarantor, endorser, l. This notice also consists of the Isaacson, Vice President, Edwards surety, or otherwise in respect of any following standard paragraphs: B, C1, Manufacturing, 42A North Elm Street, security of another person; provided and D2. Yarmouth, ME 04096, (207) 846–3991. that such issuance or assumption is for 2 a. Type of Application: Major New i. FERC Contact: John S. Blair (202) some lawful object within the corporate License. 219–2845. purposes of the applicant, and b. Project No.: 1951–035. j. Deadline Date: May 15, 1995. compatible with the public interest, and c. Applicant: Georgia Power k. Status of Environmental Analysis: is reasonably necessary or appropriate Company. This application has been accepted for for such purposes. d. Name of Project: Sinclair filing and is ready for environmental The Commission reserves the right to Hydroelectric Project. analysis at this time—see attached require a further showing that neither e. Location: on the Oconee River, near paragraph D9. public nor private interests will be Milledgeville, Baldwin County, Georgia. l. Description of Project: The project adversely affected by continued f. Applicant Contact: Don Holder, as licensed consists of the following: (1) approval of WPS’s issuances of Georgia Power Company, 333 Piedmont The existing 917-foot-long, concrete- securities or assumption of liability. Avenue, Bin No. 10170, Atlanta, GA capped, timber crib dam composed of Notice is hereby given that the 30308, (404) 526-7092. (a) a 850-foot long primary spillway deadline for filing motions to intervene g. FERC Contact: Kelly R. Fargo (202) topped by 4.5-foot-high wooden or protests, as set forth above, is April 219-0231. flashboards, (b) a 67-foot long bulkhead 17, 1995. h. Georgia Power Company served a spillway abuts the primary spillway; (2) copy of the Preliminary DEA and Draft an existing impoundment with a surface Copies of the full text of the order are License Application on all parties on area of 1,143 acres and a gross storage available from the Commission’s Public March 8, 1995, pursuant to 18 CFR volume of 16,985 acre-feet; (3) an Reference Branch, Room 3308, 941 16.8(c)(4). The Commission received a existing power canal, 450-feet long; (4) North Capitol Street, N.E., Washington, copy of the Preliminary DEA and draft an existing 80-foot long and 24-foot- D.C. 20426. license application on March 8 and wide masonry gate house; (5) nine Lois D. Cashell, March 13, 1995, respectively. generating units with 3.5 mW total Secretary. Comments on the draft license generating capacity housed in a [FR Doc. 95–7952 Filed 3–30–95; 8:45 am] application for the Sinclair Project combination of a structural steel and BILLING CODE 6717±01±M should be sent to the Georgia Power masonry building powerhouses. 16634 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices The applicant proposes: (1) to install 5 a. Type of Application: Preliminary 1016 16th Street, N.W., 5th Floor, an inflatable rubber crest gate that Permit. Washington, DC 20036, (202) 293–5795. would increase the elevation of the b. Project No.: P–11523–000. i. FERC Contacts: Ms. Janet Oakley, reservoir by one foot; (2) to retire two of c. Date Filed: March 1, 1995. (202) 208–0495; Dr. John M. Mudre, the existing nine generating units and d. Applicant: Massachusetts Water (202) 219–1208. add one new vertical 8 mW Kaplan Resources Authority. j. Comment Date: May 5, 1995. turbine housed in a new concrete and e. Name of Project: Winsor Dam k. Description of Filing: The licensees steel powerhouse, 140 feet long, 63 feet Hydro Project. for the Ludington Project have entered f. Location: On the Swift River in wide, and 50 feet high: the total into a settlement agreement with: the Hampshire, Franklin, and Worcester installed new capacity would be 11 State of Michigan and the Michigan Counties, Massachusetts. mW; (3) the impoundment would be Department of Natural Resources; the g. Filed Pursuant to: Federal Power increased to a total of 1,167 surface United States Department of the Act, 16 U.S.C. 791(a)–825(r). acres and a gross storage of 18,437 acre- Interior, on behalf of the Fish and feet. h. Applicant Contact: Mr. William A. Brutsch, Director, Waterworks Division, Wildlife Service and as Trustee for The project dam and facilities are Indian tribes, bands or communities owned by the applicant. The existing Charleston Navy Yard, 100 First Avenue, Boston, MA 02129, (617) 242– with reserved treaty rights in the project would also be subject to Federal Michigan waters of Lake Michigan; the takeover under sections 14 and 15 of the 6000. i. FERC Contact: Ed Lee (202) 219– Michigan United Conservation Clubs; Federal Power Act. and the National Wildlife Federation. m. Purpose of Project: Project power 2809. j. Comment Date: May 12, 1995. The settlement agreement provides for would be utilized by the applicant for mitigation of fish mortality at the project sale to its customers. k. Competing Application: Project No. 11505–000. Date filed: November 9, by the seasonal installation of a barrier n. This notice also consists of the net around the project’s intakes and following standard paragraphs: A4 and 1994. l. Description of Project: The proposed other measures. The agreement also D9. provides for the development of off-site o. Available Location of Application: project would consist of the following facilities: (1) An existing 2,900-foot-long angler access facilities to mitigate for the A copy of the application, as amended loss of angler access to the project and supplemented, is available for Winsor Dam; (2) an existing 25,216-acre reservoir; (3) a proposed water intake; jetties, which would be inside the inspection and reproduction at the barrier net. Commission’s Public Reference and (4) a proposed powerhouse containing a Files Maintenance Branch, located at single 1200 kW generating unit; (5) a 7 a. Type of Application: Preliminary 941 North Capitol Street, N.E., Room proposed 13.8-kV or equivalent Permit. 3104, Washington, D.C., 20426, or by transmission line; and (6) appurtenant b. Project No.: 11517–000. calling (202) 208–1371. A copy is also facilities. Applicant estimates that the c. Date Filed: February 6, 1995. available for inspection and average annual generation would be d. Applicant: Androscoggin reproduction at Edwards 3,450 MWh and that the cost of the Hydroelectric Company, Inc. Manufacturing, 42A North Elm Street, studies under the permit would be e. Name of Project: Coos Hydropower Yarmouth, ME 04096, (207) 846–3991. $56,000. The dam and water rights are Project. owned by the Metropolitan District f. Location: On the Androscoggin 4 a. Type of Application: Amendment Commission, 20 Somerset Street, of License. River in the Town of Gorham, Coos Boston, MA 02108. The project County, New Hampshire. b. Project No.: 2075–009. equipment is owned and operated by g. Filed Pursuant to: Federal Power c. Date Filed: February 7, 1995. the Massachusetts Water Resource d. Applicant: Washington Water Act, 16 U.S.C. § 791(a)–825(r). Authority, Division Director of Water Power Company. h. Applicant Contact: Mr. John N. Works, Charleston Navy Yard, 100 First e. Name of Project: Noxon Rapids. Webster, Androscoggin Hydroelectric Avenue, Boston, MA 02129. All power f. Location: On the Clark Fork River in Company, Inc., P.O. Box 178, South generated would be sold to Sanders County, Montana. Berwick, ME 03908, 207–384–5334. Massachusetts Electric Company. g. Filed Pursuant to: Federal Power m. This notice also consists of the i. FERC Contact: Michael Dees 202– Act, 16 U.S.C. §§ 791(a)–825(r). following standard paragraphs: A8, A10, 219–2807. h. Applicant Contact: B, C, and D2. j. Comment Date: May 12, 1995. Larry La Bolle, Washington Water 6 a. Type of Filing: Settlement k. Description of Project: The Power Company, E. 1411 Mission Agreement for Permanently Mitigating proposed project would consist of: (1) A Avenue, P.O. Box 3727, Spokane, WA Fish Mortality at the Ludington Project. proposed earth and concrete dam 850 99220–3737, (509) 482–4710. b. Project No.: 2680–017. feet long; (2) a proposed 75 acre William J. Madden, Jr., John A. c. Date Filed: February 28, 1995. reservoir with a maximum water surface Whittaker IV, Winston & Strawn, 1400 d. Licensees: Consumers Power elevation of 854 feet MSL; (3) a L Street N.W., Washington, D.C. Company and The Detroit Edison proposed powerhouse, 100 feet by 50 20005, (202) 371–5700. Company. feet housing two 3,000 kW hydropower i. FERC Contact: Regina Saizan, (202) e. Name of Project: Ludington (FERC units with a total capacity of 6,000 kW; 219–2673. No. 2680). (4) a proposed 34.5 kV transmission line j. Comment Date: May 12, 1995. f. Location: The eastern shore of Lake 1200 feet long; and (5) appurtenant k. Description of the Request: The Michigan: Mason County. facilities. The applicant estimates that licensee requests that its license g. Filed Pursuant to: Order Modifying the annual energy generation would be expiration date be accelerated from a Mitigative Plan for Turbine Mortality, 40 GWh and that the cost of the studies April 30, 2005, to February 28, 2001. issued August 11, 1987 (40 FERC to be performed under the permit would l. This notice also Consists of the ¶ 62,151). be $100,000. The energy would be sold following standard paragraphs: B, C1, h. Licensee Contact: Mr. William to businesses or public utility and D2. Lange, Consumers Power Company, companies. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16635 l. This notice also consists of the competing applications or notices of address. A copy of any notice of intent, following standard paragraphs: A5, A7, intent to file competing applications competing application or motion to A9, A10, B, C, and D2. may be filed in response to this notice. intervene must also be served upon each A competing license application must representative of the Applicant Standard Paragraphs conform with 18 CFR 4.30(b) and 4.36. specified in the particular application. A4. Development Application— A9. Notice of intent—A notice of C1. Filing and Service of Responsive Public notice of the filing of the initial intent must specify the exact name, Documents—Any filings must bear in development application, which has business address, and telephone number all capital letters the title already been given, established the due of the prospective applicant, and must ‘‘COMMENTS’’, date for filing competing applications or include an unequivocal statement of ‘‘RECOMMENDATIONS FOR TERMS notices of intent. Under the intent to submit, if such an application AND CONDITIONS’’, ‘‘PROTEST’’, OR Commission’s regulations, any may be filed, either a preliminary ‘‘MOTION TO INTERVENE’’, as competing development application permit application or a development applicable, and the Project Number of must be filed in response to and in application (specify which type of the particular application to which the compliance with public notice of the application). A notice of intent must be filing refers. Any of the above-named initial development application. No served on the applicant(s) named in this documents must be filed by providing competing applications or notices of public notice. the original and the number of copies intent may be filed in response to this A10. Proposed Scope of Studies under provided by the Commission’s notice. Permit—A preliminary permit, if issued, regulations to: The Secretary, Federal A5. Preliminary Permit—Anyone does not authorize construction. The Energy Regulatory Commission, 825 desiring to file a competing application term of the proposed preliminary permit North Capitol Street, N.E., Washington, for preliminary permit for a proposed would be 36 months. The work D.C. 20426. A copy of any motion to project must submit the competing proposed under the preliminary permit intervene must also be served upon each application itself, or a notice of intent to would include economic analysis, representative of the Applicant file such an application, to the preparation of preliminary engineering specified in the particular application. Commission on or before the specified plans, and a study of environmental D2. Agency Comments—Federal, comment date for the particular impacts. Based on the results of these state, and local agencies are invited to application (see 18 CFR 4.36). studies, the Applicant would decide file comments on the described Submission of a timely notice of intent whether to proceed with the preparation application. A copy of the application allows an interested person to file the of a development application to may be obtained by agencies directly competing preliminary permit construct and operate the project. from the Applicant. If an agency does application no later than 30 days after B. Comments, Protests, or Motions to not file comments within the time the specified comment date for the Intervene—Anyone may submit specified for filing comments, it will be particular application. A competing comments, a protest, or a motion to presumed to have no comments. One preliminary permit application must intervene in accordance with the copy of an agency’s comments must also conform with 18 CFR 4.30(b) and 4.36. requirements of Rules of Practice and be sent to the Applicant’s A7. Preliminary Permit—Any Procedure, 18 CFR 385.210, .211, .214. representatives. qualified development applicant In determining the appropriate action to D9. Filing and Service of Responsive desiring to file a competing take, the Commission will consider all Documents—The application is ready development application must submit to protests or other comments filed, but for environmental analysis at this time, the Commission, on or before a only those who file a motion to and the Commission is requesting specified comment date for the intervene in accordance with the comments, reply comments, particular application, either a Commission’s Rules may become a recommendations, terms and competing development application or a party to the proceeding. Any comments, conditions, and prescriptions. notice of intent to file such an protests, or motions to intervene must The Commission directs, pursuant to application. Submission of a timely be received on or before the specified section 4.34(b) of the regulations (see notice of intent to file a development comment date for the particular Order No. 533 issued May 8, 1991, 56 application allows an interested person application. FR 23108, May 20, 1991) that all to file the competing application no C. Filing and Service of Responsive comments, recommendations, terms and later than 120 days after the specified Documents—Any filings must bear in conditions and prescriptions concerning comment date for the particular all capital letters the title the application be filed with the application. A competing license ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Commission within 60 days from the application must conform with 18 CFR TO FILE COMPETING APPLICATION’’, issuance date of this notice (May 15, 4.30(b) and 4.36. ‘‘COMPETING APPLICATION’’, 1995 for Project No. 2389-010). All reply A8. Preliminary Permit—Public ‘‘PROTEST’’, ‘‘MOTION TO comments must be filed with the notice of the filing of the initial INTERVENE’’, as applicable, and the Commission within 105 days from the preliminary permit application, which Project Number of the particular date of this notice (June 28, 1995 for has already been given, established the application to which the filing refers. Project No. 2389-010). due date for filing competing Any of the above-named documents Anyone may obtain an extension of preliminary permit applications or must be filed by providing the original time for these deadlines from the notices of intent. Any competing and the number of copies provided by Commission only upon a showing of preliminary permit or development the Commission’s regulations to: The good cause or extraordinary application or notice of intent to file a Secretary, Federal Energy Regulatory circumstances in accordance with 18 competing preliminary permit or Commission, 825 North Capitol Street, CFR 385.2008. development application must be filed N.E., Washington, D.C. 20426. An All filings must (1) bear in all capital in response to and in compliance with additional copy must be sent to letters the title ‘‘COMMENTS,’’ ‘‘REPLY the public notice of the initial Director, Division of Project Review, COMMENTS,’’ preliminary permit application. Initial Federal Energy Regulatory Commission, ‘‘RECOMMENDATIONS,’’ ‘‘TERMS preliminary permit application. No Room 1027, at the above-mentioned AND CONDITIONS,’’ or 16636 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices ‘‘PRESCRIPTIONS;’’ (2) set forth in the Commission as being implemented A ‘‘G’’ indicates transportation by an heading the name of the applicant and pursuant to Part 284 of the interstate pipeline on behalf of another the project number of the application to Commission’s regulations, Sections 311 interstate pipeline pursuant to Section which the filing responds; (3) furnish and 312 of the Natural Gas Policy Act 284.222 and a blanket certificate issued the name, address, and telephone of 1978 (NGPA) and Section 7 of the under Section 284.221 of the number of the person submitting the NGA and Section 5 of the Outer Commission’s regulations. filing; and (4) otherwise comply with 1 Continental Shelf Lands Act. A ‘‘G-I’’ indicates transportation by an the requirements of 18 CFR 385.2001 The ‘‘Recipient’’ column in the intrastate pipeline company pursuant to through 385.2005. All comments, following table indicates the entity a blanket certificate issued under recommendations, terms and conditions receiving or purchasing the natural gas Section 284.227 of the Commission’s or prescriptions must set forth their in each transaction. evidentiary basis and otherwise comply The ‘‘Part 284 Subpart’’ column in the regulations. with the requirements of 18 CFR 4.34(b). following table indicates the type of A ‘‘G-S’’ indicates transportation by Any of these documents must be filed transaction. interstate pipelines on behalf of by providing the original and the A ‘‘B’’ indicates transportation by an shippers other than interstate pipelines number of copies required by the interstate pipeline on behalf of an pursuant to Section 284.223 and a Commission’s regulations to: The intrastate pipeline or a local distribution blanket certificate issued under Section Secretary, Federal Energy Regulatory company pursuant to Section 284.102 of 284.221 of the Commission’s Commission, 825 North Capitol Street, the Commission’s regulations and regulations. N.E., Washington, D.C. 20426. An Section 311(a)(1) of the NGPA. A ‘‘G-LT’’ or ‘‘G-LS’’ indicates additional copy must be sent to A ‘‘C’’ indicates transportation by an transportation, sales or assignments by a Director, Division of Project Review, intrastate pipeline on behalf of an local distribution company on behalf of Office of Hydropower Licensing, interstate pipeline or a local distribution Federal Energy Regulatory Commission, or to an interstate pipeline or local company served by an interstate distribution company pursuant to a Room 1027, at the above address. Each pipeline pursuant to Section 284.122 of blanket certificate issued under Section filing must be accompanied by proof of the Commission’s regulations and 284.224 of the Commission’s service on all persons listed on the Section 311(a)(2) of the NGPA. regulations. service list prepared by the Commission A ‘‘D’’ indicates a sale by an intrastate in this proceeding, in accordance with pipeline to an interstate pipeline or a A ‘‘G-HT’’ or ‘‘G-HS’’ indicates 18 CFR 4.34(b), and 385.2010. local distribution company served by an transportation, sales or assignments by a Dated: March 27, 1995. interstate pipeline pursuant to Section Hinshaw Pipeline pursuant to a blanket Lois D. Cashell, 284.142 of the Commission’s certificate issued under Section 284.224 Secretary. Regulations and Section 311(b) of the of the Commission’s Regulations. [FR Doc. 95–7953 Filed 3–30–95; 8:45 am] NGPA. Any interested person may file A ‘‘K’’ indicates transportation of a complaint concerning such sales BILLING CODE 6717±01±P natural gas on the Outer Continental pursuant to Section 284.147(d) of the Shelf by an interstate pipeline on behalf Commission’s Regulations. of another interstate pipeline pursuant Federal Energy Regulatory An ‘‘E’’ indicates an assignment by an to Section 284.303 of the Commission’s Commission intrastate pipeline to any interstate Regulations. pipeline or local distribution company [Docket Nos. ST95±1371±000 et al.] pursuant to Section 284.163 of the A ‘‘K-S’’ indicates transportation of Commission’s Regulations and Section natural gas on the Outer Continental Colorado Interstate Gas Company 312 of the NGPA. Shelf by an intrastate pipeline on behalf Notice of Self-Implementing of shippers other than interstate Transactions 1 Notice of a transaction does not constitute a pipelines pursuant to Section 284.303 of March 27, 1995. determination that the terms and conditions of the the Commission’s Regulations. proposed service will be approved or that the Take notice that the following noticed filing is in compliance with the Lois D. Cashell, transactions have been reported to the Commission’s regulations. Secretary. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16637 Est. max. Date Projected 1 Part 284 Aff. Rate termi- Docket No. Transporter/seller Recipient Date filed daily 3 com- subpart 2 Y/A/N sch. nation quantity menced date ST95±1371 Colorado Interstate Gas Montana Power Co ...... 02±01±95 B 10,130 NF 11±20±93 11±30±06 Co. ST95±1372 Colorado Interstate Gas Montana Power Co ...... 02±01±95 B 10,500 NF 06±03±94 12±31±03 Co. ST95±1373 Colorado Interstate Gas HS Resources, Inc ...... 02±01±95 G±S 7,532 NI 01±18±95 Indef. Co. ST95±1374 Columbia Gas Trans- Pinnacle Energy Co ..... 02±01±95 G±S 10,000 NI 01±01±95 Indef. mission Corp. ST95±1375 Columbia Gas Trans- Aurora Natural Gas & 02±01±95 G±S 20,000 NI 01±09±95 Indef. mission Corp. Assoc. Prod. ST95±1376 Columbia Gas Trans- NGO Development 02±01±95 G±S N/A NI 01±17±95 Indef. mission Corp. Corp. ST95±1377 ONG Transmission Co . ANR Pipeline Co ...... 02±02±95 C 50,000 NI 01±18±95 Indef. ST95±1378 Arkansas Western Associated Natural Gas 02±02±95 B 33,700 YI 07±01±93 06±03±94 Pipeline Co. Co. ST95±1379 Transcontinental Gas P/ City of Kings Mountain . 02±02±95 G±S 87 NF 01±01±95 03±17±98 L Corp. ST95±1380 Colorado Interstate Gas Montana Power Co ...... 02±02±95 B 21,000 NF 08±01±94 10±31±03 Co. ST95±1381 Williston Basin Inter. P/ Western Sugar Co ...... 02±03±95 G±S 9,000 AI 01±05±95 07±31±96 L Co. ST95±1382 Transok, Inc ...... ANR Pipeline Co. et al . 02±03±95 C 25,000 NI 01±20±95 Indef. ST95±1383 Colorado Interstate Gas Montana Power Co ...... 02±03±95 B 50,000 NF 12±03±94 12±31±95 Co. ST95±1384 Williams Natural Gas Mercado Gas Services, 02±03±95 G±S 2,200 NI 12±01±94 Indef. Co. Inc. ST95±1385 Williams Natural Gas Natural Gas Trans- 02±03±95 G±S 46,500 NI 02±01±95 02±01±96 Co. mission Service. ST95±1386 Williams Natural Gas Trident NGL, Inc ...... 02±03±95 G±S 20,000 NI 01±19±95 09±30±03 Co. ST95±1387 Williams Natural Gas Western Resources, Inc 02±03±95 G±S 27,758 NF 10±01±94 Indef. Co. ST95±1388 Williams Natural Gas Western Resources, Inc 02±03±95 G±S 147,670 NF 10±01±94 Indef. Co. ST95±1389 Williams Natural Gas Western Resources, Inc 02±03±95 G±S 26,231 NF 10±01±94 10±01±95 Co. ST95±1390 Williams Natural Gas Western Resources, Inc 02±03±95 G±S 271,450 NF 10±01±94 Indef. Co. ST95±1391 Williams Natural Gas Missouri Gas Energy .... 02±03±95 G±S 4,792 NF 10±01±94 Indef. Co. ST95±1392 Williams Natural Gas Missouri Gas Energy .... 02±03±95 G±S 6,435 NF 10±01±94 Indef. Co. ST95±1393 Williams Natural Gas Missouri Gas Energy .... 02±03±95 G±S 160,341 NF 10±01±94 11±01±98 Co. ST95±1394 Williams Natural Gas Missouri Gas Energy .... 02±03±95 G±S 246,228 NF 10±01±94 Indef. Co. ST95±1395 Columbia Gas Trans- Volunteer Energy Corp 02±03±95 G±S 10,000 NI 02±01±95 Indef. mission Corp. ST95±1396 Columbia Gas Trans- Riley Natural Gas Co ... 02±03±95 G±S 1,500 NI 02±01±95 Indef. mission Corp. ST95±1397 Columbia Gas Trans- Texas Ohio Gas, Inc .... 02±03±95 G±S 10,000 NI 02±01±95 Indef. mission Corp. ST95±1398 Columbia Gas Trans- Transfuel Marketing Co 02±03±95 G±S 4,300 NI 02±01±95 Indef. mission Corp. ST95±1399 Columbia Gas Trans- Vineyard Oil & Gas Co 02±03±95 G±S 750 NI 02±01±95 Indef. mission Corp. ST95±1400 Columbia Gas Trans- Interstate Gas Supply, 02±03±95 G±S 10,000 NI 02±01±95 Indef. mission Corp. Inc. ST95±1401 Columbia Gas Trans- Cabot Oil & Gas Mar- 02±03±95 G±S 10,000 NI 02±01±95 Indef. mission Corp. keting Corp. ST95±1402 Columbia Gas Trans- Arcadia Energy Corp .... 02±03±95 G±S 3,000 NI 02±01±95 Indef. mission Corp. ST95±1403 Columbia Gas Trans- Iesco Industrial Energy 02±03±95 G±S 10,000 NI 02±01±95 Indef. mission Corp. Services Co. ST95±1404 Columbia Gas Trans- Enron Access Corp ...... 02±03±95 G±S 10,000 NI 02±01±95 Indef. mission Corp. ST95±1405 Columbia Gas Trans- Appalachian Gas Sales 02±03±95 G±S 100,000 NI 02±01±95 Indef. mission Corp. Ags. ST95±1406 Columbia Gas Trans- Equitable Resources 02±03±95 G±S 10,000 NI 02±01±95 Indef. mission Corp. Marketing Co. 16638 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices Est. max. Date Projected 1 Part 284 Aff. Rate termi- Docket No. Transporter/seller Recipient Date filed daily 3 com- subpart 2 Y/A/N sch. nation quantity menced date ST95±1407 Columbia Gas Trans- Ivan Hall & Associates, 02±03±95 G±S 10,000 NI 02±01±95 Indef. mission Corp. Inc. ST95±1408 Columbia Gas Trans- KCS Energy Marketing, 02±03±95 G±S 5,000 NI 02±01±95 Indef. mission Corp. Inc. ST95±1409 Columbia Gas Trans- OGLS Operations, Inc .. 02±03±95 G±S 700 NI 02±01±95 Indef. mission Corp. ST95±1410 Columbia Gas Trans- Columbia Energy Serv- 02±03±95 G±S 810 YI 02±01±95 Indef. mission Corp. ices Corp. ST95±1411 Columbia Gas Trans- Columbia Natural Re- 02±03±95 G±S 600 YI 02±01±95 Indef. mission Corp. sources, Inc. ST95±1412 Columbia Gas Trans- Eastern Marketing Corp 02±03±95 G±S 10,000 NI 02±01±95 Indef. mission Corp. ST95±1413 Columbia Gas Trans- Atlas Gas Marketing ..... 02±03±95 G±S 5,000 NI 02±01±95 Indef. mission Corp. ST95±1414 Columbia Gas Trans- Atwood Resources, Inc 02±03±95 G±S 10,000 NI 02±01±95 Indef. mission Corp. ST95±1415 Columbia Gas Trans- Belden & Blake Corp ... 02±03±95 G±S 1,000 NI 02±01±95 Indef. mission Corp. ST95±1416 Cypress Gas Pipeline Columbia Gulf Trans. 02±06±95 C 20,000 NI 12±01±94 Indef. Co. Co., et al. ST95±1417 Acadian Gas Pipeline Natural G/P/L Co. of 02±06±95 C 10,000 NI 01±01±95 Indef. System. Am., et al. ST95±1418 Tennessee Gas Pipe- Connecticut Natural 02±06±95 G±S 3,000 NF 01±24±95 Indef. line Co. Gas Corp. ST95±1419 Colorado Interstate Gas Montana Power Co ...... 02±06±95 B 20,000 NF 06±03±94 05±31±95 Co. ST95±1420 Viking Gas Trans- Utilicorp United Inc ...... 02±06±95 G±S 2,398 NF 12±01±94 02±28±95 mission Co. ST95±1421 Koch Gateway Pipeline CNB/Olympic Gas 02±06±95 G±S N/A NI 01±13±95 Indef. Co. Services. ST95±1422 Koch Gateway Pipeline Cenergy Inc ...... 02±06±95 G±S N/A NI 01±26±95 Indef. Co. ST95±1423 Koch Gateway Pipeline Texaco Natural Gas Inc 02±06±95 G±S 45,000 NF 01±10±95 01±10±96 Co. ST95±1424 Koch Gateway Pipeline Mobil Natural Gas Inc .. 02±06±95 G±S 3,500 NF 01±10±95 04±10±95 Co. ST95±1425 Koch Gateway Pipeline Koch Gas Services Co . 02±06±95 G±S 150 YF 01±10±95 01±10±96 Co. ST95±1426 Koch Gateway Pipeline Koch Gas Services Co . 02±06±95 G±S 40,000 YF 01±10±95 06±10±95 Co. ST95±1427 Koch Gateway Pipeline Koch Gas Services Co . 02±06±95 G±S 10,000 YF 01±10±95 04±10±95 Co. ST95±1428 Kentucky West Virginia Mayo State Vocationl 02±06±95 G±S 100 NI 11±01±94 Indef. Gas Co. Tech. School. ST95±1429 East Tennessee Natural Tennessee Gas Market- 02±06±95 G±S 100,000 NI 03±01±94 Indef. Gas Co. ing Co. ST95±1430 El Paso Natural Gas Co Transok Gas Co ...... 02±07±95 G±S 103,000 NI 01±14±95 Indef. ST95±1431 Transcontinental Gas P/ Conagra Energy Serv- 02±07±95 G±S 100,000 NI 01±20±95 Indef. L Corp. ices. ST95±1432 East Tennessee Natural Perry Gas Companies, 02±07±95 G±S 7,500 NI 12±01±94 Indef. Gas Co. Inc. ST95±1433 Northern Natural Gas Superior Water Light & 02±07±95 B 1,300 NF 10±01±94 10±31±08 Co. Power Co. ST95±1434 Northern Natural Gas Twister Transmission 02±07±95 G±S 35,000 NF 06±01±94 03±31±95 Co. Co. ST95±1435 Orange and Rockland Con Edison Gas Mar- 02±08±95 G±LT 30,000 NI 11±01±94 11±30±95 Util., Inc. keting, Inc. ST95±1436 Orange and Rockland Brooklyn Interstate Nat. 02±08±95 G±LT 5,000 NI 09±30±94 03±31±95 Util., Inc. Gas Corp. ST95±1437 Naturl Gas P/L Co. of Valero Gas Marketing, 02±08±95 G±S 25,000 NF 02±01±96 01±31±96 America. L.P. ST95±1438 Pacific Gas Trans- Equitable Resources 02±09±95 G±S 100,000 NI 01±19±95 Indef. mission Co. Marketing Co. ST95±1439 Transwestern Pipeline Gas Co. of New Mexico 02±09±95 G±S 40,000 NI 12±16±94 12±31±94 Co. ST95±1440 Transwestern Pipeline KCS Energy Marketing 02±09±95 G±S 100,000 NI 12±21±94 11±30±95 Co. ST95±1441 Natural Gas P/L Co. of Poco Petroleums Ltd .... 02±09±95 G±S 175,000 NI 01±11±95 Indef. America. ST95±1442 Chandeleur Pipe Line Union Oil Co. of Califor- 02±10±95 K±S 85,680 NI 10±01±94 02±24±95 Co. nia. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16639 Est. max. Date Projected 1 Part 284 Aff. Rate termi- Docket No. Transporter/seller Recipient Date filed daily 3 com- subpart 2 Y/A/N sch. nation quantity menced date ST95±1443 National Fuel Gas Sup- Capital Oil & Gas, Inc .. 02±10±95 G±S 10,000 NI 02±01±95 02±01±20 ply Corp. ST95±1444 National Fuel Gas Sup- Public Service Electric 02±10±95 B 10,000 NI 01±02±95 01±02±95 ply Corp. and Gas Co. ST95±1445 Tennessee Gas Pipe- Energynorth Natural 02±10±95 G±S 3,000 NF 02±05±95 Indef. line Co. Gas Inc. ST95±1446 Tennessee Gas Pipe- Virginia Electric & 02±10±95 G±S 7,450 NF 02±01±95 Indef. line Co. Power Co. ST95±1447 Tennessee Gas Pipe- Coastal Gas Marketing 02±10±95 G±S 4,000 NF 02±01±95 Indef. line Co. Co. ST95±1448 Tennessee Gas Pipe- Co Energy Trading Co . 02±10±95 G±S 7,121 NF 02±05±95 Indef. line Co. ST95±1449 Colorado Interstate Gas Oxy USA, Inc ...... 02±10±95 G±S 20,000 NF 02±01±95 12±31±01 Co. ST95±1450 Colorado Interstate Gas Meridian Oil Trading Inc 02±10±95 G±S 5 N I 01±11±95 Indef. Co. ST95±1451 Midwestern Gas Trans- Mobil Natural Gas Inc .. 02±13±95 G±S 9,000 NF 02±01±95 Indef. mission Co. ST95±1452 Florida Gas Transission Citrus Trading Corp ...... 02±13±95 G±S 600,000 YI 01±13±95 Indef. Co. ST95±1453 Panhandle Eastern Natural Gas Resources 02±13±95 G±S 100,000 NI 02±01±95 07±31±96 Pipe Line Co. LP. ST95±1454 Wyoming Interstate Co., Midcon Marketing Corp 02±13±95 G±S 15,000 NI 02±01±94 Indef. Ltd. ST95±1455 Wyoming Interstate Co., Amoco Production Co .. 02±13±95 G±S 5,000 NI 02±01±94 10±31±96 Ltd. ST95±1456 Wyoming Interstate Co., Western Gas Re- 02±13±95 G±S 15,500 NI 04±01±94 Indef. Ltd. sources, Inc. ST95±1457 Colorado Interstate Gas Public Service Co. of 02±13±95 B 543,066 NF 12±01±94 09±30±96 Co. Colorado. ST95±1458 Colorado Interstate Gas Montana Power Co ...... 02±13±95 B 69,700 NI 05±01±94 Indef. Co. ST95±1459 U±T Offshore System .. Tartan Energy Re- 02±13±95 K±S 145,000 NI 01±21±95 Indef. sources, L.C. ST95±1460 U±T Offshore System .. Coast Energy Group .... 02±13±95 K±S 7,000 NF 01±06±95 01±31±95 ST95±1461 U±T Offshore System .. Cng Energy Services 02±13±95 K±S 8,000 NF 01±01±95 01±31±95 Corp. ST95±1462 U±T Offshore System .. Coast Energy Group .... 02±13±95 K±S 60,000 NF 01±01±95 01±31±95 ST95±1463 U-T Offshore System ... CNG Energy Services 02±13±95 K±S 45,000 NF 01±01±95 01±31±95 Corp.. ST95±1464 U-T Offshore System ... Vastar Gas Marketing, 02±13±95 K±S 20,497 NF 01±01±95 01±31±95 Inc. ST95±1465 Williston Basin Inter. P/ Mountain Gas Re- 02±13±95 G±S 100,000 AI 01±14±95 12±31±96 L Co. sources, Inc.. ST95±1466 Kansok Partnership ...... Riverside Pipeline co ... 02±13±95 C 20,000 NI 01±01±95 Indef. ST95±1467 Panhandle Eastern Texarkoma Transpor- 02±14±95 G±S 10,000 NI 02±02±95 01±31±97 Pipe Line Co. tation Co. ST95±1468 Panhandle Eastern Anadarko Petroleum Co 02±14±95 G±S 21,000 NF 02±01±95 02±28±95 Pipe Line Co. ST95±1469 Panhandle Eastern OXY USA Inc ...... 02±14±95 G±S 10,000 NF 02±01±95 03±31±95 Pipe Line Co. ST95±1470 Noram Gas Trans- Cranford Construction 02±14±95 G±S 500 NF 02±01±95 Indef. mission Co. Co. ST95±1471 Noram Gas Trans- Porocel Corp ...... 02±14±95 G±S 600 NF 02±01±95 Indef. mission Co. ST95±1472 Noram Gas Trans- Lincoln Automotive ...... 02±14±95 G±S 460 NF 02±01±95 Indef. mission Co. ST95±1473 Noram Gas Trans- Thompson Industries .... 02±14±95 G±S 148 NF 02±01±95 Indef. mission Co. ST95±1474 Noram Gas Trans- Welsco, Inc ...... 02±14±95 G±S 260 NF 02±01±95 Indef. mission Co. ST95±1475 Noram Gas Trans- Hot Springs Rehabilita- 02±14±95 G±S 356 NF 02±01±95 Indef. mission Co. tion Center. ST95±1476 Noram Gas Trans- Pilgrim's Pride Indus- 02±14±95 G±S 400 NF 02±01±95 Indef. mission Co. tries. ST95±1477 Noram Gas Trans- Pilgrim's Pride Indus- 02±14±95 G±S 200 NF 02±01±95 Indef. mission Co. tries. ST95±1478 Noram Gas Trans- Arkansas Children's 02±14±95 G±S 100 NF 02±01±95 Indef. mission Co. Hospital. 16640 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices Est. max. Date Projected 1 Part 284 Aff. Rate termi- Docket No. Transporter/seller Recipient Date filed daily 3 com- subpart 2 Y/A/N sch. nation quantity menced date ST95±1479 Noram Gas Trans- Pepsi Cola Bottling Co . 02±14±95 G±S 180 NF 02±01±95 Indef. mission Co. ST95±1480 Noram Gas Trans- J.I. Case Co ...... 02±14±95 G±S 225 NF 02±01±95 Indef. mission Co. ST95±1481 Noram Gas Trans- J.P. Emco, Inc ...... 02±14±95 G±S 500 NF 02±01±95 Indef. mission Co. ST95±1482 Questar Pipeline Co ..... Conoco, Inc ...... 02±14±95 G±S 3,600 NF 02±01±95 02±28±95 ST95±1483 Columbia Gas Trans- Marco Pipeline Enter- 02±14±95 G±S 6,500 NI 02±04±95 Indef. mission Corp. prises LLC. ST95±1484 Columbia Gas Trans- Dayton Power & Light 02±14±95 G-S 10,499 NF 11±01±94 Indef. mission Corp. Co. ST95±1485 Columbia Gas Trans- Corning Incorporated ... 02±14±95 G-S 1,000 NF 02±07±95 Indef. mission Corp. ST95±1486 Colorado Interstate Gas Montana Power Co ...... 02±14±95 B 10,250 NI 12±01±94 Indef. Co. ST95±1487 Colorado Interstate Gas Montana Power Co ...... 02±14±95 B 18,727 NI 01±04±95 Indef. Co. ST95±1488 Colorado Interstate Gas Montana Power Co ...... 02±14±95 B 3,412 NI 11±30±93 Indef. Co. ST95±1489 Colorado Interstate Gas Montana Power Co ...... 02±14±95 B 20,990 NI 03±12±94 Indef. Co. ST95±1490 Northern Border Pipe- Phibro Energy USA, Inc 02±15±95 G±S 50,000 YI 12±01±94 07±31±96 line Co. ST95±1491 Northern Border Pipe- U.S. Gas Transpor- 02±15±95 G±S 100,000 YI 01±07±95 02±29±96 line Co. tation Inc. ST95±1492 ONG Transmission Co . Noram Gas Trans- 02±15±95 C 50,000 NI 01±24±95 Indef. mission Co. ST95±1493 ONG Transmission Co . Noram Gas Trans- 02±15±95 C 50,000 NI 01±21±95 Indef. mission Co. ST95±1494 ONG Transmission Co . Phillips Gas Pipeline Co 02±15±95 C 50,000 NI 01±24±95 Indef. ST95±1495 Transok, Inc ...... ANR Pipeline Co., et al. 02±16±95 C 10,000 NI 02±04±95 Indef. ST95±1496 Trunkline Gas Co ...... Cargill, Inc ...... 02±16±95 G±S 100,000 NI 02±04±95 Indef. ST95±1497 Eastrans Limited Part- Natural Gas P/L Co. of 02±16±95 C 50,000 NI 06±01±94 Indef. nership. America. ST95±1498 East Texas Gas Sys- Arkla Energy Co ...... 02±16±95 C 50,000 NI 04±01±93 Indef. tems. ST95±1499 K N Interstate Gas Retex Gathering Co., 02±16±95 G±S 5,000 NF 02±01±95 01±31±96 Trans. Co. Inc. ST95±1500 K N Interstate Gas Parker and Parsley De- 02±16±95 G±S 10,000 NI 01±05±95 Indef. Trans. Co. velopment Co. ST95±1501 K N Interstate Gas CON AGRA Energy 02±16±95 G±S 10,000 NI 01±01±95 Indef. Trans. Co. Services. ST95±1502 Transok, Inc ...... ANR Pipeline Co., et al 02±16±95 C 10,000 NI 02±04±95 Indef. ST95±1503 Texas Gas Trans- Dayton Power and Light 02±16±95 G±S 37,190 NF 12±01±94 Indef. mission Corp. Co. ST95±1504 K N Interstate Gas Con Agra Energy Serv- 02±16±95 G±S 3,300 NF 01±01±95 01±31±95 Trans. Co. ices. ST95±1505 East Texas Gas Sys- Southern Natural Pipe- 02±16±95 C 50,000 NI 07±01±94 Indef. tems. line co. ST95±1506 East Texas Gas Sys- Arkla Energy Co ...... 02±16±95 C 50,000 NI 08±01±92 Indef. tems. ST95±1507 East Texas Gas Sys- Arkla Energy Co ...... 02±16±95 C 50,000 NI 02±01±92 Indef. tems. ST95±1508 East Texas Gas Sys- Koch Gateway Pipeline 02±16±95 C 50,000 NI 07±01±94 Indef. tems. Co. ST95±1509 East Texas Gas Sys- Koch Gateway Pipeline 02±16±95 C 50,000 NI 04±01±94 Indef. tems. Co. ST95±1510 East Texas Gas Sys- Koch Gateway Pipeline 02±16±95 C 50,000 NI 07±01±94 Indef. tems. Co. ST95±1511 East Texas Gas Sys- Arkla Energy Co ...... 02±16±95 C 50,000 NI 08±01±94 Indef. tems. ST95±1512 Eastrans Limited Part- Natural Gas P/L Co. of 02±16±95 C 50,000 NI 05±01±93 Indef. nership. America. ST95±1513 Eastrans Limited Part- Natural Gas P/L Co. of 02±16±95 C 50,000 NI 01±01±93 Indef. nership. America. ST95±1514 Eastrans Limited Part- Natural Gas P/L Co. of 02±16±95 C 50,000 NI 10±01±93 Indef. nership. America. ST95±1515 Eastrans Limited Part- Natural Gas P/L Co. of 02±16±95 C 50,000 NI 01±01±93 Indef. nership. America. ST95±1516 Eastrans Limited Part- Natural Gas P/L Co. of 02±16±95 C 50,000 NI 12±01±93 Indef. nership. America. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16641 Est. max. Date Projected 1 Part 284 Aff. Rate termi- Docket No. Transporter/seller Recipient Date filed daily 3 com- subpart 2 Y/A/N sch. nation quantity menced date ST95±1517 Eastrans Limited Part- Natural Gas P/L Co. of 02±16±95 C 50,000 NI 01±01±93 Indef. nership. America. ST95±1518 Eastrans Limited Part- Natural Gas P/L Co. of 02±16±95 C 50,000 NI 06±01±93 Indef. nership. America. ST95±1519 Eastrans Limited Part- Natural Gas P/L Co. of 02±16±95 C 50,000 NI 08±01±93 Indef. nership. America. ST95±1520 East Texas Gas Sys- Koch Gateway Pipeline 02±16±95 C 50,000 NI 10±01±94 Indef. tems. Co. ST95±1521 Tennessee Gas Pipe- Philbro Division of 02±17±95 G±S 200,000 NI 01±18±95 Indef. line Co. Salomon, Inc. ST95±1522 Tennessee Gas Pipe- Appalachian Gas Sales 02±17±95 G±S 7,500 NF 02±09±95 Indef. line Co. ST95±1523 Tennessee Gas Pipe- Forcenergy Gas Explo- 02±17±95 G±S N/A NI 01±20±95 Indef. line Co. ration, Inc. ST95±1524 Midwestern Gas Trans- Tenngasco Corp ...... 02±17±95 G±S 1,000,000 YI 01±21±95 Indef. mission Co. ST95±1525 Alabama-Tennessee Alatenn Energy Market- 02±17±95 G±S 678 NF 01±25±95 10±31±95 Natural Gas Co. ing Co., Inc. ST95±1526 Freeport Pipeline Co .... Koch Gateway Pipeline 02±17±95 C 1,900 NI 05±01±95 Indef. Co. ST95±1527 Western Resources, Inc Panhandle Eastern P/L 02±17±95 C 2,500 NI 10±01±94 Indef. Co., et al. ST95±1528 Western Resources, Inc Panhandle Eastern P/L 02±17±95 C 20,000 NI 06±01±94 Indef. Co., et al. ST95±1529 Northwest Pipeline Washington Water 02±17±95 G±S 22,000 NF 01±03±95 Indef. Corp. Power Co. ST95±1530 Florida Gas Trans- Indiantown Gas Co., Inc 02±17±95 G±S 685 NI 01±24±95 Indef. mission Co. ST95±1531 Sea Robin Pipeline Co . Superior Natural Gas 02±17±95 G±S 150,000 YI 02±01±95 Indef. Corp. ST95±1532 Texas Eastern Trans- Aurora Natural Gas & 02±17±95 G±S 5,000 NI 02±01±95 Indef. mission Corp. Assoc. Prod. ST95±1533 Texas Eastern Trans- CNG Gas Services 02±17±95 G±S 45,000 NI 02±01±95 Indef. mission Corp. Corp. ST95±1534 Texas Eastern Trans- Seitel Gas & Energy 02±17±95 G±S 25,000 NI 02±01±95 Indef. mission Corp. Corp. ST95±1535 Texas Eastern Trans- Seitel Gas & Energy 02±17±95 G±S 25,000 NI 02±01±95 Indef. mission Corp. Corp. ST95±1536 Texas Eastern Trans- Aurora Natural Gas & 02±17±95 G±S 40,000 NI 02±01±95 Indef. mission Corp. Assoc. Prod. ST95±1537 Texas Eastern Trans- Aurora Natural Gas & 02±17±95 G±S 40,000 NI 02±01±95 Indef. mission Corp. Assoc. Prod. ST95±1538 Texas Eastern Trans- Texas-Ohio Gas, Inc .... 02±17±95 G±S 70,000 NI 02±01±95 Indef. mission Corp. ST95±1539 Texas Eastern Trans- Texas-Ohio Gas, Inc .... 02±17±95 G±S 70,000 NI 02±01±95 Indef. mission Corp. ST95±1540 Texas Eastern Trans- KCS Energy Marketing, 02±17±95 G±S 16,500 NI 02±01±95 Indef. mission Corp. Inc. ST95±1541 Texas Eastern Trans- KCS Energy Marketing, 02±17±95 G±S 16,500 NI 02±01±95 Indef. mission Corp. Inc. ST95±1542 Texas Eastern Trans- Colonial Gas Co ...... 02±17±95 G±S 110 NF 02±01±95 Indef. mission Corp. ST95±1543 Natural Gas P/L Co. of Tartan Energy Re- 02±21±95 G±S 40,000 NI 01±21±95 Indef. America. sources, L.C. ST95±1544 Pacific Gas Trans- NGC Transportation, 02±21±95 G±S 100,000 NI 02±01±95 Indef. mission Co. Inc. ST95±1545 Pacific Gas Trans- Canwest Gas Supply 02±21±95 G±S 100,000 NI 02±12±95 Indef. mission Co. USA Inc. ST95±1546 Pacific Gas Trans- Pan-Alberta Gas Ltd .... 02±21±95 G±S 60,000 NI 01±27±95 Indef. mission Co. ST95±1547 Pacific Gas Trans- Associated Gas Serv- 02±21±95 G±S 100,000 NI 01±01±95 Indef. mission Co. ices, Inc. ST95±1548 Rocky Mountain Natural Northwest Pipeline 02±21±95 G±HT 5,000 NI 12±16±95 Indef. Gas Co. Corp., et al. ST95±1549 Noram Gas Trans- Louis Dreyfus Natural 02±21±95 G±S 50,000 NI 03±14±94 Indef. mission Co. Gas Corp. ST95±1550 Noram Gas Trans- Aratex Services ...... 02±21±95 G±S 80 NF 10±01±94 Indef. mission Co. ST95±1551 Noram Gas Trans- Safelite Glass Corp ...... 02±21±95 G±S 325 NF 10±01±94 Indef. mission Co. 16642 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices Est. max. Date Projected 1 Part 284 Aff. Rate termi- Docket No. Transporter/seller Recipient Date filed daily 3 com- subpart 2 Y/A/N sch. nation quantity menced date ST95±1552 Noram Gas Trans- Grede Equndries ...... 02±21±95 G±S 400 NF 10±01±94 Indef. mission Co. ST95±1553 Midwestern Gas Trans- Aluminum Co. of Amer- 02±21±95 G±S 4,850 NF 02±01±95 Indef. mission Co. ica. ST95±1554 Midwestern Gas Trans- Woodward Marketing, 02±21±95 G±S 50,000 NI 02±10±94 Indef. mission Co. Inc. ST95±1555 Midwestern Gas Trans- Northern Indiana Public 02±21±95 G±S 31,830 NF 09±01±93 Indef. mission Co. Service Co. ST95±1556 Midwestern Gas Trans- Northern Indiana Public 02±21±95 G±S 10,000 NF 09±01±93 Indef. mission Co. Service Co. ST95±1557 Tennessee Gas Pipe- Co Energy Trading Co . 02±21±95 G±S 3,166 NF 02±01±93 Indef. line Co. ST95±1558 Tennessee Gas Pipe- Appalachian Gas Sales 02±21±95 G±S 7,500 NF 02±04±95 Indef. line Co. ST95±1559 Tennessee Gas Pipe- Chevron USA, Inc ...... 02±21±95 G±S 250,000 NI 01±28±95 Indef. line Co. ST95±1560 Tennessee Gas Pipe- Co Energy Trading Co . 02±21±95 G±S 18,024 NF 02±01±95 Indef. line Co. ST95±1561 Transcontinental Gas P/ Pinnacle Energy Co ..... 02±21±95 G±S 40,000 NI 02±01±59 Indef. L Corp. ST95±1562 Transcontinental Gas P/ City of Greer ...... 02±21±95 G±S 87 NF 02±06±95 03±17±98 L Corp. ST95±1563 Transcontinental Gas P/ Shell Offshore Inc ...... 02±21±95 G±S 5,000 NI 02±01±95 Indef. L Corp. ST95±1564 Transcontinental Gas P/ ANR Production Co ...... 02±21±95 G±S 360,000 NI 02±01±95 Indef. L Corp. ST95±1565 Louisiana Resources P/ ANR Pipeline Co., et al 02±21±95 C 21,000 NI 07±01±94 Indef. L Co., L.P. ST95±1566 Louisiana Resources P/ ANR Pipeline Co., et al 02±21±95 C 50,000 NI 09±01±94 02±01±96 L Co., L.P. ST95±1567 Louisiana Resources P/ ANR Pipeline Co., et al 02±21±95 C 50,000 NI 08±01±94 Indef. L Co., L.P. ST95±1568 Louisiana Resources P/ ANR Pipeline Co., et al 02±21±95 C 40,000 NI 06±01±94 Indef. L Co., L.P. ST95±1569 Louisiana Resources P/ ANR Pipeline Co., et al 02±21±95 C 50,000 NI 09±15±94 Indef. L Co., L.P. ST95±1570 Amoco Gas Co ...... Florida Gas Trans- 02±21±95 G±HT 6,000 NI 12±22±94 01±01±96 mission Co. ST95±1571 Transok, Inc ...... ANR Pipeline Co., et al 02±21±95 C 10,000 NI 01±27±95 Indef. ST95±1572 Michigan Consolidated Phibro Energy ...... 02±21±95 G±HT 30,000 NI 02±01±94 Indef. Gas Co. ST95±1573 Michigan Consolidated Kimball/Trippe Energy 02±21±95 G±HT 10,000 NI 03±01±94 Indef. Gas Co. Associates. ST95±1574 Michigan Consolidated Gaz Metropolitan, Inc ... 02±21±95 G±HT 20,000 NF 11±01±90 Indef. Gas Co. ST95±1575 Michigan Consolidated Coastal Gas Marketing 02±21±95 G±HT 10,000 NI 02±12±93 Indef. Gas Co. Co. ST95±1576 Michigan Consolidated AIG Trading Corp ...... 02±21±95 G±HT 2,000 NF 02±01±94 Indef. Gas Co. ST95±1577 Michigan Consolidated AIG Trading Corp ...... 02±21±95 G±HT 250,000 NI 06±01±93 Indef. Gas Co. ST95±1578 Michigan Consolidated Minnegasco ...... 02±21±95 G±HT 100,000 NI 02±01±94 Indef. Gas Co. ST95±1579 Michigan Consolidated Western Gas Market- 02±21±95 G±HT 50,000 NI 02±01±92 Indef. Gas Co. ing, Inc. ST95±1580 Michigan Consolidated Union Gas Limited ...... 02±21±95 G±HT 78,333 NF 05±01±88 Indef. Gas Co. ST95±1581 Michigan Consolidated Northridge Petroleum 02±21±95 G±HT 15,000 NF 01±30±90 Indef. Gas Co. Marketing, Inc. ST95±1582 Michigan Consolidated Unigas Corp ...... 02±21±95 G±HT 100,000 NI 06±15±90 Indef. Gas Co. ST95±1583 Michigan Consolidated Oryx Gas Marketing 02±21±95 G±HT 50,000 NI 02±01±92 Indef. Gas Co. Limited Part. ST95±1584 Michigan Consolidated Howard Energy Co ...... 02±21±95 G±HT 50,000 NI 10±01±91 Indef. Gas Co. ST95±1585 Columbia Gas Trans- Dayton Power & Light 02±22±95 G±S 218,604 NF 11±01±94 Indef. mission Corp. Co. ST95±1586 Columbia Gas Trans- Midcon Gas Services 02±22±95 G±S N/A NI 02±10±95 Indef. mission Corp. Corp. ST95±1587 Columbia Gas Trans- Pinnacle Energy Co ..... 02±22±95 G±S 10,000 NI 01±01±95 Indef. mission Corp. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16643 Est. max. Date Projected 1 Part 284 Aff. Rate termi- Docket No. Transporter/seller Recipient Date filed daily 3 com- subpart 2 Y/A/N sch. nation quantity menced date ST95±1588 Columbia Gas Trans- Dayton Power & Light 02±22±95 G±S 218,604 NF 04±01±94 Indef. mission Corp. Co. ST95±1589 Columbia Gas Trans- Enron Access Corp ...... 02±22±95 G±S 20,000 NI 02±03±95 Indef. mission Corp. ST95±1590 Panhandle Eastern Centana Gathering Co . 02±22±95 G±S 13,967 YF 02±01±95 07±31±95 Pipe Line Co. ST95±1592 Natural Gas P/L Co. of NGC Transportation, 02±22±95 G±S 20,000 NF 02±01±95 02±28±95 America. Inc. ST95±1593 Natural Gas P/L Co. of NGC Transportation, 02±22±95 G±S 40,000 NF 02±01±95 02±28±95 America. Inc. ST95±1594 Natural Gas P/L Co. of NGC Transportation, 02±22±95 G±S 30,000 NF 02±01±95 02±28±95 America. Inc. ST95±1595 Florida Gas Trans- Jacksonville Electric 02±22±95 G±S 20,000 NF 02±01±95 Indef. mission Co. Authority. ST95±1596 CNG Transmission Columbia Gas of Penn- 02±22±95 G±S 40,000 NI 02±02±95 03±31±95 Corp. sylvania. ST95±1597 CNG Transmission Stand Energy Corp ...... 02±22±95 G±S 1,000 NI 01±26±95 03±31±95 Corp. ST95±1598 Williston Basin Inter. P/ Montana-Dakota Utili- 02±23±95 G±S 50,000 AI 01±24±95 01±12±97 L Co. ties Co. ST95±1599 Trailblazer Pipeline Co . Texaco Gas Marketing 02±23±95 G±S 353,000 NI 02±01±94 Indef. Inc. ST95±1600 Natural Gas P/L Co. of NCX Co., Inc ...... 02±23±95 G±S 100,000 NI 02±01±95 Indef. America. ST95±1601 Natural Gas P/L Co. of Appalachian Gas Sales 02±23±95 G±S 25,000 NI 02±09±95 Indef. America. ST95±1602 Natural Gas P/L Co. of H & N Gas LTD ...... 02±23±95 G±S 1,000 NF 02±01±95 11±30±00 America. ST95±1603 Trailblazer Pipeline Co . Koch Gas Services Co . 02±23±95 G±S 353,000 NI 09±01±94 Indef. ST95±1604 Natural Gas P/L Co. of National Gas Re- 02±23±95 G±S 5,745 NF 02±01±95 02±28±95 America. sources Limited Part. ST95±1605 El Paso Natural Gas Co Interenergy Gas Serv- 02±23±95 G±S 30,900 NI 01±27±95 Indef. ices Corp. ST95±1606 Columbia Gulf Trans- Boston Gas Co ...... 02±23±95 G±S 100,000 NI 02±01±95 Indef. mission Co. ST95±1607 Columbia Gulf Trans- CMS Gas Marketing Co 02±23±95 G±S 5,000 NF 02±01±95 05±31±95 mission Co. ST95±1608 Columbia Gulf Trans- Pinnacle Energy Co ..... 02±23±95 G±S 50,000 NI 02±01±95 Indef. mission Co. ST95±1609 Natural Gas P/L Co. of Nichols-Homeshield ..... 02±24±95 G±S 200 NF 02±01±95 2±28±95 America. ST95±1610 Natural Gas P/L Co. of GM Hydrocarbons, Ltd . 02±24±95 G±S 10,000 NF 02±10±95 02±13±95 America. ST95±1611 Natural Gas P/L Co. of Coastal Gas Marketing 02±24±95 G±S 10,000 NF 02±08±95 02±28±95 America. ST95±1612 Panhandle Eastern Panhandle Storage Co . 02±24±95 G±S 250,000 YI 02±04±95 01±31±97 Pipe Line Co. ST95±1613 Ozark Gas Trans- Comstock Natural Gas, 02±24±95 G±S 10,000 NI 10±01±94 Indef. mission System. Inc. ST95±1614 Providence Gas Co ...... Bay State Gas Co ...... 02±24±95 G±LT 10,000 NI 01±01±95 04±30±95 ST95±1615 Michigan Consolidated Westcoast Gas Serv- 02±24±95 G±HT 25,000 NI 06±01±90 Indef. Gas Co. ices (U.S.A.) Inc. ST95±1616 Michigan Consolidated Nomeco Oil and Gas 02±24±95 G±HT 10,000 NI 03±01±91 Indef. Gas Co. Co. ST95±1617 Koch Gateway Pipeline Western Gas Re- 02±27±95 G±S N/A NI 01±31±95 Indef. Co. sources. ST95±1618 Koch Gateway Pipeline LGS Natural Gas Co .... 02±27±95 G±S N/A NI 01±31±95 Indef. Co. ST95±1619 Koch Gateway Pipeline Louisiana-Nevada Tran- 02±27±95 G N/A NI 01±31±95 Indef. Co. sit Co. ST95±1620 Koch Gateway Pipeline Koch Gas Services ...... 02±27±95 G±S 1,750 YF 01±31±95 Indef. Co. ST95±1621 Koch Gateway Pipeline Koch Gas Services ...... 02±27±95 G±S 75 YF 01±31±95 11±01±95 Co. ST95±1622 Mobile Bay Pipeline Co Conoco, Inc ...... 02±27±95 G±S N/A NI 01±31±95 Indef. ST95±1623 Mobile Bay Pipeline Co Chevron U.S.A. Inc ...... 02±27±95 G±S N/A NI 01±31±95 Indef. ST95±1624 Algonquin Gas Trans- Distrigas of Massachu- 02±27±95 B 290 NF 01±04±95 10±31±95 mission Co. setts Corp. ST95±1625 Algonquin Gas Trans- Chesapeake Energy 02±27±95 G±S 100,000 NI 01±24±95 Indef. mission Co. Corp. 16644 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices Est. max. Date Projected 1 Part 284 Aff. Rate termi- Docket No. Transporter/seller Recipient Date filed daily 3 com- subpart 2 Y/A/N sch. nation quantity menced date ST95±1626 Algonquin Gas Trans- Yankee Gas Services 02±27±95 B 39 NF 01±04±95 Indef. mission Co. Co. ST95±1627 Algonquin Gas Trans- New Jersey Natural 02±27±95 B 10,000 NI 01±04±95 Indef. mission Co. Gas Co. ST95±1628 Algonquin Gas Trans- Selkirk Cogeneration 02±27±95 G±S 15,000 NI 01±04±95 01±05±95 mission Co. Partners L.P. ST95±1629 Williston Basin Inter. P/ Montana-Dakota Utili- 02±28±95 G±S 443 AF 02±01±95 01±31±05 L Co. ties Co. ST95±1630 Williston Basin Inter. P/ Koch Gas Services Co . 02±28±95 G±S 277 AF 02±01±95 01±31±00 L Co. ST95±1631 Williston Basin Inter. P/ Rainbow Gas Co ...... 02±28±95 G±S 2,259 AF 02±01±95 02±28±95 L Co. ST95±1632 Williston Basin Inter. P/ Western Gas Re- 02±28±95 G±S 30,000 AI 02±01±95 03±31±96 L Co. sources, Inc. ST95±1633 Columbia Gulf Trans- Noram Energy Serv- 02±28±95 G±S 100,000 NI 02±01±95 Indef. mission Co. ices, Inc. ST95±1634 Tennessee Gas Pipe- Co Energy Trading Co . 02±28±95 G±S 7,500 NF 02±05±95 Indef. line Co. ST95±1635 Tennessee Gas Pipe- Project Penny Produc- 02±28±95 G±S 5,000 NF 02±01±95 Indef. line Co. ers. ST95±1636 Tennessee Gas Pipe- Co Energy Trading Co . 02±28±95 G±S 7,500 NF 02±09±95 Indef. line Co. ST95±1637 Tennessee Gas Pipe- Smith Petroleum Corp .. 02±28±95 G±S N/A NI 02±04±95 Indef. line Co. ST95±1638 Tennessee Gas Pipe- Aurora Natural Gas 02±28±95 G±S 4,833 NF 02±01±95 Indef. line Co. Assoc. Products. ST95±1639 Tennessee Gas Pipe- Texas-Ohio Gas Inc ..... 02±28±95 G±S 5,000 NF 02±01±95 Indef. line Co. ST95±1640 Midwestern Gas Trans- H&N Gas Ltd ...... 02±28±95 G±S 3,372 NF 02±01±95 Indef. mission Co. ST95±1641 Transcontinental Gas P/ SONAT Marketing Co .. 02±28±95 G±S 50,000 NI 02±17±95 Indef. L Corp. ST95±1642 Transcontinental Gas P/ Tartan Energy Re- 02±28±95 G±S 85,000 NI 02±17±95 Indef. L Corp. sources, L.C. 1 Notice of Transactions does not constitute a determination that filings comply with Commission regulations in accordance with Order No. 436 (final rule and notice requesting supplemental comments, 50 FR 42,372, 10/10/85). 2 Estimated maximum daily volumes includes volumes reported by the filing company in MMBTU, MCF and DT. 3 Affiliation of reporting company to entities involved in the transaction. A ``Y'' indicates affiliation, an ``A'' indicates marketing affiliation, and a ``N'' indicates no affiliation. [FR Doc. 95–7898 Filed 3–30–95; 8:45 am] DATES: Comments must be submitted on report each relief valve and manual vent BILLING CODE 6717±01±P or before May 1, 1995. valve discharge within 10 days. Owners FOR FURTHER INFORMATION CONTACT: For or operators must maintain records of further information, or a copy of this leaks detected in accordance with an ENVIRONMENTAL PROTECTION ICR, contact Sandy Farmer at (202) 260– approved leak detection and elimination AGENCY 2740, please refer to EPA ICR ι186.07. program. EPA or the delegated State SUPPLEMENTARY INFORMATION: authority use these data to determine [FRL±5180±2] the compliance status of sources, and to Office of Air and Radiation Agency Information Collection target inspections. Activities Under OMB Review Title: National Emission Standards for Burden Statement: Public reporting Hazardous Air Pollutants (NESHAP) for burden for this collection of information AGENCY: Environmental Protection Vinyl Chloride (40 CFR part 61, subpart is estimated to average 50 hours per Agency (EPA). F) (EPA ICR #186.07; OMB #2060– response for reporting and 140 hours ACTION: Notice. 0071). This ICR requests renewal of the per recordkeeper annually. This existing clearance. estimate includes time for reviewing SUMMARY: In compliance with the Abstract: Owners or operators of instructions, searching existing data Paperwork Reduction Act (44 U.S.C. polyvinyl chloride, ethylene dichloride, sources, gathering the data needed, and 3501 et seq.), this notice announces that and vinyl chloride monomer plants completing the collection of the Information Collection Request (ICR) must submit to EPA or the State information. abstracted below has been forwarded to regulatory authority an application for Respondents: Owners and operators the Office of Management and Budget approval of construction or modification of polyvinyl chloride, ethylene (OMB) for review and comment. The of their plants and a notification of start- dichloride and vinyl chloride monomer ICR describes the nature of the up. They may apply for a waiver of the plants. information collection and its expected initial emission test, if desired. Owners Estimated Number of Respondents: cost and burden; where appropriate, it and operators of the regulated facilities 45. includes the actual data collection are required to submit quarterly reports Estimated Total Annual Burden on instrument. of excess emissions. They must also Respondents: 16,000 hours. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16645 Frequency of Collection: Quarterly For plants in Iowa: EPA Region 7, 726 or more generators with total nameplate and on occasion. Minnesota Ave., Kansas City, KS capacity of 25 MW or less and burns Send comments regarding the burden 66101; and at the Iowa Department of only fuels with a sulfur content of 0.05 estimate, or any other aspect of this Natural Resources (attn: Wayne percent or less by weight. On the earlier information collection, including Wicksell) Henry A. Wallace Building, of the date a unit exempted under 40 suggestions for reducing the burden, 900 E. Grand, Des Moines, IA 50319, CFR 72.7 burns any fuel with a sulfur (please refer to EPA ICR #186.07 and (515) 281–9012. content in excess of 0.05 percent by OMB #2060–0071) to: For plants in Nebraska: EPA Region 7 weight or 24 months prior to the date Sandy Farmer, EPA ICR #0186.07, U.S. (address above) and at the Nebraska the exempted unit first serves one or Environmental Protection Agency, Department of Environmental Quality more generators with total nameplate Information Policy Branch (2136),401 (attn: Todd Ellis) State House Station, capacity in excess of 25 MW, the unit M Street, SW., Washington, DC 20460. P.O. Box 94877, Lincoln, NE 68509– shall no longer be exempted under 40 and 4877, (402) 471–4561. CFR 72.7 and shall be subject to all Troy Hillier, OMB #2060–0071, Office Comments. Send comments to the permitting and monitoring requirements of Management and Budget, Office of following addresses: of the Acid Rain Program. Information and Regulatory For plants in Maine and Massachusetts: EPA is issuing written exemptions, Affairs,725 17th Street, NW., Linda Murphy, Division Director, Air, effective from January 1, 1995 through Washington, DC 20503. Pesticides and Toxics Management December 31, 1999, unless otherwise Division, EPA Region 1, (address noted below, to the following new units: Dated: March 27, 1995. Stock Island units D1 and D2 in Florida. Paul Lapsley, above). For plants in Florida and South The Designated Representative is Carl Director, Regulatory Management Division. Carolina: Brian Beals, Air, Pesticides Jansen. [FR Doc. 95–7957 Filed 3–30–95; 8:45 am] and Toxics Management Division, Breese unit 5 in Illinois. The Designated BILLING CODE 6560±50±F EPA Region 4, (address above). Representative is Matthew Johnson. For plants in Illinois, Indiana, Michigan McLeansboro units 3 and 4 in Illinois. The Designated Representative is [FRL±5181±5] and Ohio: David Kee, Director, Air and Radiation Division, EPA Region Dave McDaniels. Acid Rain Program: Notice of Written 5, (address above). Omega JV3 diesel unit 1 in Ohio. The Exemptions For plants in Iowa and Nebraska, Designated Representative is Carroll William A. Spratlin, Director, Air and Scheer. AGENCY: Environmental Protection Toxics Division, EPA Region 7, 30 engine generators owned and Agency (EPA). (address above). operated by Industrial Energy ACTION: Notice of written exemptions. Applications in Iowa. The exemption Submit comments in duplicate and is effective from January 1, 1996, SUMMARY: The U.S. Environmental identify the exemption to which the through December 31, 2000. The Protection Agency is issuing, as a direct comments apply, the commenter’s Designated Representative is William final action, written exemptions from name, address, and telephone number, Douglas. the Acid Rain Program permitting and and the commenter’s interest in the Osage unit 7 in Iowa. The exemption is monitoring requirements to 69 utility matter and affiliation, if any, to the effective from January 1, 1996, units in accordance with the Acid Rain owners and operators of the unit through December 31, 2000. The Program regulations (40 CFR part 72). covered by the exemption. Designated Representative is Dennis Because the Agency does not anticipate FOR FURTHER INFORMATION CONTACT: For Fannin. receiving adverse comments, the plants in Maine and Massachusetts, Ian State Center units 1, 2, 3, 4, and 5 in exemptions are being issued as a direct Cohen, (617) 565–3029; for plants in Iowa. The exemption is effective from final action. Florida and South Carolina, Scott Davis, January 1, 1996, through December DATES: Each of the exemptions issued in (404) 347–5014; for plants in Illinois, 31, 2000. The Designated this direct final action will be final on Cecilia Mijares, (312) 886–0968; for Representative is Steven Oslund. May 10, 1995, unless significant, plants in Indiana, Genevieve Nearmyer, Sarpy County Station unit BSDG1 in adverse comments are received by May (312) 353–4761; for plants in Michigan, Nebraska. The exemption is effective 1, 1995. If significant, adverse Beth Valenziano, (312) 886–2703; for from January 1, 1996, through comments are timely received on any plants in Ohio, Franklin Echevarria, December 31, 2000. The Designated exemption in this direct final action, (312) 886–9653; for plants in Iowa and Representative is William Jones. that exemption will be withdrawn Nebraska, Jon Knodel, (913) 551–7599. Additionally under the Acid Rain through a notice in the Federal Register. SUPPLEMENTARY INFORMATION: All public Program regulations (40 CFR 72.8), ADDRESSES: Administrative Records. comment received on any exemption in utilities may petition EPA for an The administrative record for the this direct final action on which exemption from permitting 72.8), exemptions, except information significant, adverse comments are utilities may petition EPA for an protected as confidential, may be timely received will be addressed in a exemption from permitting viewed during normal operating hours subsequent issuance or denial of requirements for units that are retired at the following locations: exemption based on the relevant draft prior to the issuance of a Phase II For plants in Maine and Massachusetts: exemption in the notice of draft written Acid Rain permit. Units that are EPA Region 1, JFK Building, One exemptions that is published elsewhere retired prior to the deadline for Congress St., Boston, MA 02203. in today’s Federal Register and that is continuous emissions monitoring For plants in Florida and South identical to this direct final action. system (CEMS) certification may also Carolina: EPA Region 4, 345 Under the Acid Rain Program petition for an exemption from Courtland St., NE, Atlanta, GA, 30365. regulations (40 CFR 72.7), utilities may monitoring requirements (40 CFR For plants in Illinois, Indiana, Michigan, petition EPA for an exemption from 75.67). and Ohio: EPA Region 5, 77 West permitting and monitoring requirements While the exempt retired units have Jackson Blvd., Chicago, IL 60604. for any new utility unit that serves one been allocated allowances under 40 16646 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices CFR part 73, units exempted under 40 the Acid Rain Program regulations (40 exemption will be addresssed in a CFR 72.8 must not emit any sulfur CFR part 72). Because the Agency does subsequent final notice based on the dioxide or nitrogen oxides on or after not anticipate receiving adverse relevant exemption in this notice of the date the units are exempted, and comments, the exemptions are also draft written exemptions. Because the the units must not resume operation being issued as a direct final action in Agency will not institute a second unless the designated representative the notice of written exemptions comment period on this notice of draft submits an application for an Acid published elsewhere in today’s Federal written exemptions, any parties Rain permit and installs and certifies Register. interested in commenting should do so its monitors by the applicable DATES: Comments on the exemptions during this comment period. deadlines. proposed by this action must be For further information and a detailed EPA is issuing written exemptions from received on or before May 1, 1995. description of the exemptions, see the permitting requirements, effective ADDRESSES: Comments. Send comments information provided in the notice of from January 1, 1995, through to the following addresses: written exemptions elsewhere in today’s December 31, 1999, and exemptions For plants in Maine and Federal Register. from monitoring requirements, Massachusetts: Linda Murphy, Division Dated: March 27, 1995. effective from January 1, 1995, Director, Air, Pesticides and Toxics Brian J. McLean, through December 31, 1999, unless Management Division, EPA Region 1, Director, Acid Rain Division, Office of otherwise noted below, to the JFK Building, One Congress St., Boston, Atmospheric Programs, Office of Air and following retired units: MA 02203. Radiation. Somerset units 1, 2, 3, 4, 5, and 6 in For plants in Florida and South [FR Doc. 95–7955 Filed 3–30–95; 8:45 am] Massachusetts. The Designated Carolina: Brian Beals, Air, Pesticides BILLING CODE 6560±50±P Representative is Arthur Hatch. and Toxics Management Division, EPA Hagood units 1, 2, and 3 in South Region 4, 345 Courtland St., NE, Carolina. The Designated Atlanta, GA, 30365. [ER-FRL±4721±6] Representatiave is W. Moore. For plants in Illinois, Indiana, Elmer Stout units 1, 2, 3, 4, 5, 6, 7, and Michigan and Ohio: David Kee, Environmental Impact Statements; 8 in Indiana. The exemption from Director, Air and Radiation Division, Notice of Availability permitting requirements is effective EPA Region 5, 77 West Jackson Blvd., Responsible Agency: Office of Federal from January 1, 1996 through Chicago, IL 60604. Activities, General Information (202) December 31, 2000. The exemption For plants in Iowa and Nebraska, 260–5076 OR (202) 260–5075. from monitoring requirements is William A. Spratlin, Director, Air and Weekly receipt of Environmental effective from January 1, 1995, Toxics Division, EPA Region 7, 726 Impact Statements Filed March 20, 1995 through December 31, 2000. The Minnesota Ave., Kansas City, KS 66101. Through March 24, 1995 Pursuant to 40 Designated Representative is Robert Submit comments in duplicate and CFR 1506.9. identify the exemption to which the McKnight. EIS No. 950101, DRAFT EIS, USA, MA, comments apply, the commenter’s Delray units 7, 8, 9, 10, 11, and 12 in Army Material Technology Laboratory name, address, and telephone number, Michigan. The exemption from Reuse and Disposal, Implementation, and the commenter’s interest in the permitting requirements is effective Town of Watertown, Middlesex, matter and affiliation, if any, to the from January 1, 1996 through Norfolk, Suffolk and Essex Counties, owners and operators of the unit December 31, 2000. The exemption MA, Due: May 15, 1995, Contact: covered by the exemption. from monitoring requirements is James Davidson (703) 274–5510. effective from January 1, 1995, FOR FURTHER INFORMATION CONTACT: For EIS No. 950102, DRAFT EIS, USA, IN, through December 31, 2000. The plants in Maine and Massachusetts, Ian Jefferson Proving Ground Disposal Designated Representative is Frank Cohen, (617) 565–3029; for plants in and Reuse, Implementation, Town of Agosti. Florida and South Carolina, Scott Davis, Madison, Jefferson, Jennings and Dated: March 27, 1995. (404) 347–5014; for plants in Michigan, Ripley Counties, IN, Due: May 15, Brian J. McLean, Beth Valenziano, (312) 886–2703; for 1995, Contact: James Davidson (703) plants in Illinois, Cecilia Mijares, (312) Director, Acid Rain Division, Office of 274–5510. Atmospheric Programs, Office of Air and 886–0968; for plants in Indiana, EIS No. 950103, FINAL EIS, IBR, AZ, Radiation. Genevieve Nearmyer, (312) 353–4761; Glen Canyon Dam Operation, [FR Doc. 95–7956 Filed 3–30–95; 8:45 am] for plants in Ohio, Franklin Echevarria, Implementation, Colorado River (312) 886–9653; for plants in Iowa and BILLING CODE 6560±50±P Storage Project, Funding and COE Nebraska, Jon Knodel, (913) 551–7599. Section 10 and 404 Permits, Coconino SUPPLEMENTARY INFORMATION: If no County, AZ, Due: May 01, 1995, [FRL±5181±4] significant, adverse comments are Contact: Gordon S. Lind (801) 524– timely received, no further activity is Acid Rain Program: Notice of Draft 5479. contemplated in relation to these draft EIS No. 950104, DRAFT EIS, AFS, VT, Written Exemptions written exemptions and the exemptions Mad River Water Withdrawal and AGENCY: Environmental Protection issued as a direct final action in the Sugarbush South Snowmaking and Agency (EPA). notice of written exemptions published Trail Improvement Project, Approval, ACTION: Notice of draft written elsewhere in today’s Federal Register Special-Use and COE Section 404 exemptions. will automatically become final on the Permit Issuance, Green Mountain date specified in that notice. If National Forest, Washington County, SUMMARY: The U.S. Environmental significant, adverse comments are VT, Due: May 15, 1995, Contact: Protection Agency is issuing draft timely received on any exemption, that Samuel M. Emmons (802) 747–6757. written exemptions from Acid Rain exemption in the notice of written EIS No. 950105, FINAL EIS, FHW, OR, permitting and monitoring requirements exemptions will be withdrawn and all Mill Creek/West Sixth Street Bridge to 69 utility units in accordance with public comment received on that Replacement, Funding, The Dalles, Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16647 Wasco County, OR, Due: May 01, EIS No. 950115, FINAL EIS, BIA, SD, Construction and Operation, I–185 at 1995, Contact: Alan R. Steger (503) Rosebud and Cheyenne River Sioux I–85 south of Donaldson Center 399–5749. Indian Reservations, Management of Industrial Air Park to I–385 at US 276 EIS No. 950106, DRAFT EIS, NPS, WA, the Livestock Grazing and Prairie Dog and SC–153 Connector from existing Mountain Goat Management Within Control, Funding, Todd and Mellette SC–153 at I–85 to the Southern Olympic National Park, Counties, SD, Due: May 01, 1995, Connector, Funding and COE Section Implementation, Clallan, Grays Contact: Wayland Lilly (605) 226– 404 Permit, Anderson and Greenville Harbor, Jefferson and Mason Counties, 7621. Counties, SC. WA, Due: May 31, 1995, Contact: Paul Summary: EPA expressed Amended Notices Crawford (360) 452–4501. environmental concerns and EIS No. 950107, DRAFT EIS, AFS, OR, EIS No. 950092, DRAFT EIS, FTA, PR, recommended caution at floodplain East Fork Deer Creek Long-Term Tren Urbano Transit Project, crossings. EPA also requested additional Ecosystem Productivity Research Improvement, San Juan Metropolitan information on upland resource Study, Implementation, Willamette Area, Funding, U.S. Coast Guard impacts. National Forest, Blue River Ranger Bridge Permit, NPDES Permit, COE ERP No. D-FRC-L05206–WA Rating District, Lane County, OR, Due: May Section 10 and 404 Permits, PR, Due: EC2, Snoqualmie Falls Hydroelectric 15, 1995, Contact: Lynn Burditt (503) May 15, 1995, Contact: Roger Krahl Project, (FERC. Project NO.2493), 822–3317. (404) 347–7875. Published FR -3–24– Relicensing, Snoqualmie River, King EIS No. 950108, FINAL EIS, FHW, MD, 95- Refiled/Due Date Correction County, WA. US 29 Improvements, Sligo Creek EIS No. 950009, DRAFT EIS, AFS, CA, Summary: EPA raised environmental Parkway to the Patuxent River Bridge, Elsmere Solid Waste Management concerns over potential impacts to Funding and COE Section 404 Permit, Facility, Implementation, Angeles wetlands and groundwater and Montgomery County, MD, Due: May National Forest (ANF) Land requested that additional information be 01, 1995, Contact: David Lawton (410) Adjustment Plan, Conditional Use included in the final EIS. 962–4440. and Oak Tree Permit, Los Angeles ERP No. D–FRC–L05207–WA Rating EIS No. 950109, DRAFT SUPPLEMENT, County, CA, Due: August 04, 1995, EO2, Nooksack River Basin COE, CA, Napa River Flood Control Contact: G. Lynn Spague (818) 574– Hydroelectric Projects, Seven Project, Updated Information, Flood 1613. Published FR -02–03–95 Review Projects—(FERC No. 4628) (FERC No. Improvement, City of Napa, Napa period extended. 4738) (FERC No. 4270) (FERC No. County, CA, Due: May 15, 1995, EIS No. 950034, DRAFT EIS, AFS, AZ, 4282) (FERC No. 9231) (FERC No. Contact: Thomas Bonetti (916) 557– Carlotta Open-Pit Copper Mine 4312) and (FERC No. 3721) 6727. Project, Construction and Operation, Construction and Operation, EIS No. 950110, FINAL EIS, AFS, NM, Plan of Operations and COE Section Licensing, Whatcom County, WA. Sipapu Ski Area Expansion, Master 404 Permit, Tonto National Forest, Summary: EPA expressed Development Plan Approval and Gila and Pinal Counties, AZ, Due: environmental objection and identified Special Use Permit, Carson National May 11, 1995, Contact: Paul M. significant potential impacts to water Forest, Camino Real Ranger District, Stewart (602) 225–5200. Published FR quality, wetlands, and fish habitat from Taos County, NM, Due: May 01, 1995, -02–03–95 Review period extended. landslides, associated soil erosion and Contact: Terry Dilts (505) 587–2255. Dated: March 28, 1995 hydraulic modifications. Additional EIS No. 950111, DRAFT EIS, COE, VA, B. Katherine Biggs information is needed on the feasibility Grundy Flood Damage Reduction/ Associate Director, NEPA Compliance of mitigation measures, impacts on Highway Upgrade Project, Division Office of Federal Activities. wetlands and fish populations. Implementation, Town of Grundy, [FR Doc. 95–8009 Filed 3–30–95; 8:45 am] ERP No. D–FRC–L05208–WA Rating Buchanan County, VA, Due: May 15, BILLING CODE 6560±50±U EO2, Skagit River Basin Hydroelectric 1995, Contact: Ben Borda (304) 529– Projects, Nine Projects—(FERC 5712. No.10100) (FERC. No. 4437) (FERC EIS No. 950112, DRAFT EIS, COE, CA, [ER-FRL±4721±7] No. 4376) (FERC. No. 3913) (FERC Santa Paula Creek Flood Control No.9787) (FERC No. 10311) (FERC No. Project, Improvements, Right-of-Way Environmental Impact Statements and 6984) and (FERC No. 10269 and No. Regulations; Availability of EPA Grant, Ventura County, CA, Due: May 10416) Construction and Operation, Comments 15, 1995, Contact: Jim Hutchison Licensing, Whatcom and Skagit (213) 894–3057. Availability of EPA comments Counties, WA. EIS No. 950113, FINAL EIS, DOE, CO, prepared February 27, 1995 Through Summary: EPA expressed Flatiron-Erie 115-kV Electrical March 03, 1995 pursuant to the environmental objections and identified Transmission Line Replacement of Environmental Review Process (ERP), significant potential impacts to water Wood-Pole Structures, Construction, under Section 309 of the Clean Air Act quality, wetlands, and fish habitat from Operation and Right-of-Way Grant, and Section 102(2)(c) of the National landslides, associated soil erosion and City of Longmont, Larimer, Boulder Environmental Policy Act as amended. hydraulic modifications. EPA requested and Weld Counties, CO, Due: May 01, Requests for copies of EPA comments additional information on the feasibility 1995, Contact: Rodney Jones (303) can be directed to the Office of Federal of mitigation measures, slope failures 490–7200. activities at (202) 260–5076. risks, and effects to wetlands. EIS No. 950114, DRAFT EIS, GSA, An explanation of the ratings assigned Final EISs Pacific Highway Port of Entry (POE) to draft environmental impact Facility Expansion, Construction of statements (EISs) was published in FR ERP No. F-COE-L39050–WA Southwest WA–543 in Blaine, near the United dated April 10, 1994 (59 FR 16807). Harbor Cleanup and Redevelopment States/Canada Border in Blaine, Project, Construction, COE Section Whatcom County, WA, Due: May 15, Draft EISs 10/404 Permit and NPDES Permit 1995, Contact: Donna M. Meyer (206) ERP No. D-FHW-E40756–SC Rating EC2, Issuance, SW Spokane Street to Elliott 931–7675. Greenville Southern Connectors Bay and Harbor Avenue SW to the 16648 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices West Waterway, Port of Seattle, King systems is the occurrence of sanitary [OPPTS±40028; FRL±4936±7] County, WA. sewer overflows (SSOs). Caused mainly Summary: EPA had no objections to by the infiltration and inflow of wet Conditional Exemptions from TSCA the preferred alternative as described in weather flows and blockages and flow Section 4 Test Rules the final EIS based on the new analyses restrictions in the sewer system, these and information presented in the final SSOs can pose a risk to public health AGENCY: Environmental Protection EIS. and the quality of our nation’s waters. Agency (EPA). ERP No. F-COE-L81000–WA Auburn The U.S. Environmental Protection ACTION: Notice. Thoroughbred Horse Racing Facility, Agency (EPA) is currently in the initial Construction and Operation, COE stages of evaluating issues associated Section 404 Permit and NPDES with SSOs. To bring together SUMMARY: EPA is granting conditional Permit, City of Auburn, King County, individuals from across the country to exemptions from the Toxic Substances WA. discuss the technical and institutional Control Act (TSCA), section 4 test rule Summary: EPA continued to have issues related to SSOs, EPA’s Office of requirements to certain manufacturers environmental concerns regarding the Research and Development is holding of chemical substances subject to these adequacy of wetland mitigation and this conference on SSOs in cooperation rules. with the EPA Office of Wastewater water quality monitoring plans. DATES: These conditional exemptions Management in Washington, DC. All ERP No. F-FHW-E40746–NC US 421 are effective on March 31, 1995. Transportation Improvement just west interested persons are invited. of the South Fork New River to NC– The purpose of this conference is to FOR FURTHER INFORMATION CONTACT: 1361 east of the Town of Deep Gap, examine each major issue relating to James Willis, Acting Director, Funding, Land Transfer and COE SSOs by providing an open forum for Environmental Assistance Division Section 404 Permit(s), Watauga the presentation of papers and (7408), Office of Pollution Prevention County, NC. discussions dealing with the technical and Toxics, Environmental Protection Summary: EPA continued to have and institutional issues related to the Agency, Rm. E–543B, 401 M St., SW., environmental concerns about the causes, effects, management and control Washington, DC 20460, (202) 554–1404, ability to adequately contain erosion of SSOs. This conference will include TDD (202) 554–0551. and sedimentation during construction presentations and discussions of the SUPPLEMENTARY INFORMATION: in the mountain terrain. following issues relating to SSOs: This Dated: March 28, 1995 • Problem definition and identification notice grants conditional exemptions B. Katherine Biggs • Monitoring and reporting from TSCA section 4 test rule • Sewer system analysis and modeling requirements to all manufacturers of the Associate Director, NEPA Compliance • Infiltration (including RII) and inflow Division, Office of Federal Activities. chemical substances identified below sources [FR Doc. 95–8010 Filed 3–30–95; 8:45 am] • who submitted exemption applications Exfiltration in accordance with 40 CFR 790.80. In BILLING CODE 6560±50±U • Sewer system design and construction for SSO prevention each case, EPA has received a letter of • Sewer system inspection, operation, intent to conduct the testing from which [FRL±5181±1] maintenance and rehabilitation exemption is sought. Accordingly, the • Building sewer inspection and Agency has conditionally approved National Technical Conference on maintenance • these exemption applications because Sanitary Sewer Overflows (SSOs) Treatment plant issues the conditions set out in 40 CFR 790.87 • Regulatory/institutional issues AGENCY: Environmental Protection have been met. All conditional DATES: The Conference will be held on Agency. exemptions thus granted are contingent April 24–26, 1995. On the 24th, the ACTION: Notice. upon successful completion of testing meeting will begin at approximately and submission of data by the test 10:00 a.m. EST and run until about 5:00 SUMMARY: Notice is hereby given that sponsors according to the requirements p.m. On the 26th, the meeting will run the Environmental Protection Agency’s of the applicable test rule. from about 9:00 a.m. until completion. (EPA) is sponsoring a technical ADDRESSES: The Conference will be held If the test requirements are not met conference on Sanitary Sewer Overflows and EPA terminates a conditional (SSOs). This conference is sponsored by at the Renaissance, Washington, DC Hotel—Downtown, 999 9th Street, NW., exemption under 40 CFR 790.93, the the EPA Office of Research and Agency will notify each holder of an Development’s Center for Washington, DC 20001, (202) 898–9000, Fax: 789–4213. affected conditional exemption by Environmental Research Information in certified mail or Federal Register notice. Cincinnati, OH, in cooperation with the FOR FURTHER INFORMATION CONTACT: EPA Office of Wastewater Management James F. Wheeler of EPA’s Office of This conditional approval applies to in Washington, DC. Wastewater Management, at (202) 260– all manufacturers which submitted 5827. exemption applications for testing of the Background and Purpose Michael B. Cook, chemical substances named in the final Thousands of municipalities across Director, Office of Wastewater Management test rules listed below from January 1, the nation are serviced by separate Designated Federal Official. 1994 through December 31, 1994. Any sanitary sewer systems. A chronic [FR Doc. 95–7869 Filed 3–30–95; 8:45 am] application received after that date will problem that faces many of these BILLING CODE 6560±50±P be addressed separately. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16649 Chemicals CAS No. 40 CFR Citation Company 9,10-anthraquinone ...... 84±65±1 799.500 Medson Farmers Service Co. Inchema Inc. RedEagle Chemicals Co. Zhonghua Chem Corp. biphenyl ...... 92±52±4 799.925 Nisseki Chemical Texas Inc. cumene ...... 98±82±8 799.1285 General Electric Co. Nisseki Chemical Texas Inc. 1,3 dichloropropanol (OSW) ...... 96±23±1 799.5055 MacDermid Inc. diethylene glycol monobutyl ether ...... 112±34±5 799.1560 Cobane Corp. 2-ethylhexanol ...... 104±76±7 799.1645 Lubrizol Corp. 3V Inc. isopropanol ...... 67±63±0 799.2325 Cobane Corp. Elf Atochem Guardman Products, Inc. Lubrizol Corp. Office of Water Chemicals chloroethane ...... 75±00±3 799.5075 General Motors Corp. Westlake Monomers Corp. 1,1-dichloroethane ...... 75±34±3 799.5075 General Motors Corp. Westlake Monomers Corp. 1,1,2,2-tetrachloroethane ...... 79±34±5 799.5075 General Motors Corp. Westlake Monomers Corp. n-propylbenzene ...... 103±65±1 799.5075 General Motors Corp. Westlake Monomers Corp. 1,3,5-trimethylbenzene ...... 108±67±8 799.5075 Amoco Oil Co. BASF Corp. Conoco Inc. Exxon Chemical Americas General Motors Corp. Glidden Co. ICI Acrylics, Inc. Mitsubishi Gas Chemical America, Inc. Mobil Oil Corp. Shell Oil Co. Sun Company, Inc. Texaco Inc. Union Carbide Corp. Westlake Monomers Corp. Multi-Substance Rule for the Testing of Neurotoxicity1 acetone ...... 67±64±1 799.5050 Courtaulds Aerospace Elf Atochem General Motors Corp. n-amyl acetate ...... 628±63±7 799.5050 Courtaulds Aerospace General Motors Corp. 1-butanol ...... 71±36±3 799.5050 Courtaulds Aerospace General Motors Corp. W. R. Grace Co. Williams-Hayward Protective Coatings, Inc. n-butyl acetate ...... 123±86±4 799.5050 Courtaulds Aerospace Elf Atochem General Motors Corp. W. R. Grace Co. Olin Chemicals diethyl ether ...... 60±29±7 799.5050 Courtaulds Aerospace General Motors Corp. 2-ethoxyethanol ...... 110±80±5 799.5050 Courtaulds Aerospace Elf Atochem W. R. Grace Co. General Motors Corp. ethyl acetate ...... 141±78±6 799.5050 Courtaulds Aerospace General Motors Corp. Tolson USA Inc. Vanity Fair 16650 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices Chemicals CAS No. 40 CFR Citation Company isobutyl alcohol ...... 78±83±1 799.5050 Courtaulds Aerospace Elf Atochem General Motors Corp. W. R. Grace Co. methyl isobutyl ketone ...... 108±10±1 799.5050 Courtaulds Aerospace Elf Atochem General Motors Corp. W. R. Grace Co. Williams-Hayward Protective Coatings, Inc. tetrahydrofuran ...... 109±99±9 799.5050 Courtaulds Aerospace General Motors Corp. 1 The Multi-Substance Rule for the Testing of Neurotoxicity has been revoked and replaced with an Enforceable Consent Agreement. As provided in 40 CFR 790.80, Service, Inc., 2100 M Street, NW, Suite individual access tariffs or who are not processors are not required to apply for 140, Washington, DC 20037, (202) 857– subject to Sections 61.41 and 61.49 of an exemption or conduct testing unless 3800. For further information on these the Commission’s Rules. Each LEC or EPA so specifies in a test rule or in a submissions contact Dorothy Conway, group of affiliates subject to the special Federal Register notice. Federal Communications Commission, previously stated sections file FCC Form Authority: 15 U.S.C. 2601, 2603. (202) 418–0217. 492A annually. These forms are Dated:March 24, 1995. OMB Number: 3060–0422. necessary to monitor the access tariffs Title: Section 68.5 Waivers and to enforce maximum rate of return Charles M. Auer, (Application Waiver of Hearing Aid prescriptions and price cap earnings Director, Chemical Control Division, Office Compatibility Requirement). levels. of Pollution Prevention and Toxics. Action: Extension of a currently OMB Number: 3060–0357. [FR Doc. 95–7960 Filed 3–30–95; 8:45 am] approved collection. Title: Section 63.701 Request for BILLING CODE 6560±50±F Respondents: Business or other for- Designation of a Recognized Private profit. Operating Agency. Frequency of Response: On occasion. Action: Extension of a currently FEDERAL COMMUNICATIONS Estimated Annual Burden: 10 approved collection. COMMISSION responses; 3 hours burden per response; Respondents: Business or other for- 30 hours total annual burden. profit Public Information Collection Needs and Uses: Section 710(b) of the Frequency of Response: On occasion. Requirements Being Reviewed by the Communications Act requires that Estimated Annual Burden: 30 Federal Communications Commission almost all telephones manufactured or responses; 5 hours burden per response; for Extension Under Delegated imported into the country after August 150 hours total annual burden. Authority 5 CFR 1320.9 16, 1989 be hearing aid compatible. Needs and Uses: Filing an application March 28, 1995. Congress recognized however, that there under Section 63.701 is required of The Federal Communications may be technological and/or economic those seeking U.S. Government Commission is reviewing the following reasons why some new telephones may recognition as providers of enhanced information collection requirements for not meet the hearing aid compatibility services between the U.S. and overseas possible 3-year extension under requirement. Therefore, it provided for points. The information is used by the delegated authority 5 CFR 1320.9, a waiver requirement for new Commission and the Department of authority delegated to the Commission telephones based on these grounds. State to identify entities which are by the Office of Management and Section 68.5 of the Commission rules operating in the name of the U.S, extract Budget (OMB) on October 6, 1994. provide the criteria for assess these from them a promise to obey the ITU These collections were all previously waivers. Upon receipt of a waiver Convention and regulations and approved by OMB and are unchanged. request the Commission will determine determine whether they are owned by a Public comments are invited on any of the merits of the requests and whether foreign government, foreign these collections for a period ending the public interest is served by granting communications entity or any other [thirty days from the date of publication a waiver. foreign entity in the position to in the Federal Register.] Persons OMB Number: 3060–0355. discriminate against U.S. suppliers of wishing to comment on these Title: Rate of Return Reports. enhanced services. information collections should contact Form No.: FCC 492, FCC 492A. OMB Number: 3060–00567. Dorothy Conway, Federal Action: Extension of a currently Title: Section 76.962 Implementation Communications Commission, 1919 M approved collection. of certification compliance. Street NW Room 242–B, Washington, Respondents: Business or other for- Action: Extension of a currently DC 20554. You may also send comments profit. approved collection. via Internet to [email protected]. Upon Frequency of Response: On occasion. Respondents: Business or other for- approval FCC will forward supporting Estimated Annual Burden: 193 profit. material and copies of these collections responses; 8 hours burden per response; Frequency of Response: On occasion. to OMB. 1,544 hours total annual burden. Estimated Annual Burden: 500 Copies of these submissions may be Needs and Uses: FCC Form 492 is responses; 30 minutes burden per purchased from the Commission’s copy filed by each local exchange carrier response; 250 hours total annual contractor, International Transcription (LEC) or group of carriers who file burden. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16651 Needs and Uses: Section 76.962 Action: Extension of a currently In the Further Reconsideration and requires cable operators to certify their approved collection. FNPRM in CC Docket 91–35, the compliance with Commission orders Respondents: Businesses or other for- Commission request comment on requiring prospective rate reductions, profit; not-for-profit institutions; State, whether it should require LECs to refunds, or other remedial relief to Local or Tribal Governments. provide international blocking to subscribers. They must include a Frequency of Response: On occasion. residential customers in order to description of precise measures taken to Estimated Annual Burden: 11,000 prevent toll fraud. Interested parties implement the remedies ordered by the responses; 10 minutes per response; commented on this issue, and the LECs Commission. This data is used by FCC 1,826 hours total annual burden. also provided general information above to monitor the cable operators Needs and Uses: Report and Order the costs and difficulties that they compliance with Commission orders. #83–737 requires the Commission to would incur to provide this service to OMB Number: 3060–0331. monitor the performance and quality of residential customers. Parties then Title: Section 76.615 Notification frequency coordination committees commented on the LECs’ cost claims. Requirements. designated for the Private Land Mobile Parties have not, however, commented Action: Extension of a currently Radio Service. This evaluation is used about any benefits that residential approved collection. by FCC staff to evaluate the frequency customers may receive by using Respondents: Businesses or other for- coordinators process, and service to the international blocking for purposes profit. public. The Commission will make other than toll fraud prevention. Frequency of Response: On occasion. recommendations on any necessary Since this record was established, Estimated Annual Burden: 2,100 corrective actions. there has been a significant increase in responses; 30 minutes burden per OMB Number: 3060–0361. the number of complaints the response; 1050 hours total annual Commission has received about burden. Title: Section 80.29 Change during license term. information services provided through Needs and Uses: Section 76.615 international toll calls. Such calls are requires that cable TV operators notify Action: Extension of a currently approved collection. directly dialed by domestic telephone the Commission before transmitting any subscribers to information providers carrier or other signal component with Respondents: Individuals or households; Business or other for-profit; located in foreign countries who offer an average power level across a 25 kHz adult-oriented information services. bandwith in any 160 microsecond of Not-for-Profit Institutions; State, Local or Tribal Government. These services arose after the time equal to or greater than 10 –4 watts Commission adopted its ‘‘pay-per-call’’ at any point in the cable distribution Frequency of Response: On occasion. Estimated Annual Burden: 250 rules in 1991 governing 900 and other system on any new frequency or information services.2 The use of frequencies in the aeronautical responses; 1 hour burden per response; 250 hours total annual burden. international calls to provide domestic frequency bands. This information is information services evades important used by FCC to locate and eliminate Needs and Uses: The information is used by the FCC to update the coast and consumer safeguards in our ‘‘pay-per- harmful interference as it occurs, to help call’’ and other rules. Such safeguards assure safe operation of aeronautical ship station license files and data base concering current name and address of include, for example, the requirement and marine radio services and to that LECs offer a service that blocks minimize the possibility of interference licensees. Information concerning changes in the names of vessels is also these calls and that they identify the to these safety-of-life services. calls separately on subscribers’ bills. OMB Number: 3060–0185. used to update the ITU List of Ship Stations. Moreover, the Federal Trade Title: Section 73.3613. Commission’s ‘‘pay-per-call’’ rules Action: Extension of a currently Federal Communications Commission. require information providers to include approved collection. William F. Caton, a preamble explaining the cost of the Respondents: Business or other for- Acting Secretary. call and to allow the caller to hand up profit. [FR Doc. 95–8065 Filed 3–30–95; 8:45 am] before charges commence. See 16 C.F.R. Frequency of Response: On occasion. Estimated Annual Burden: 5,900 BILLING CODE 6712±01±F § § 308.5 (a) and (b). The Commission hereby asks for responses; 30 minutes burden per comments on whether, and in what recordkeeper; 2,950 hours total annual [CC Docket No. 91±35; DA 95±620] manner, residential customers would burden. Needs and Uses: Section 73.3613 Request for Additional Comments on benefit from having the capability to requires licensees of TV and low power the Costs and Benefits of International block international calls. In particular, TV broadcast stations to file network Blocking for Residential Customers; we request comments on whether affiliation contracts with FCC. All Pleading Cycle Established residential customers would benefit broadcast stations are required to file from being able to block international contracts relating to ownership or March 24, 1995. calls in order to limit access to control and personnel. Radio licensees Comments: April 24, 1995. information services. We also solicit are required to file time brokerage Reply Comments: May 8, 1995. comments from the LECs on the costs agreements which result in arrangement The Commission currently has under that the LECs would incur to provide being counted in compliance with local consideration in the above-referenced international blocking capability to and national radio multiple ownership docket issues concerning the provision by local exchange carriers (LECs) of a and Further Notice of Proposed Rule Making, 6 FCC rules. Cetain contracts must be retained Rcd 4736 (1991); Second Report and Order, 7 FCC at station. The data is used by FCC to service that automatically blocks Rcd 3251 (1992); Order on Reconsideration, 7 FCC 1 assure that the licensee maintains full international calls. Rcd 4355 (1992); and Order on Further control over the station. Reconsideration and Further Notice of Proposed 1 See policies and Rules Concerning Operator Rulemaking, 8 FCC Rcd 2863 (1993) (Further OMB Number: 3060–0542. Service Access and Pay Telephone Compensation, Reconsideration and FNPRM). Title: Frequency Coordinator CC Docket No. 91–35, Notice of Proposed Rule 2 See Sections 64.1501 to 64.1515 of the Evaluation. Making, 6 FCC Rcd 1448 (1991), Report and Order Commission’s rules, 47 C.F.R. § § 65.1501–64.1515. 16652 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices residential customers. The LECs’ Maritime Commission, 800 North 1843(c)(8)) and § 225.21(a) of Regulation comments on costs should include the Capitol Street, N.W., 9th Floor. Y (12 CFR 225.21(a)) to acquire or categories of costs (e.g., switching, Interested parties may submit comments control voting securities or assets of a administration, etc.) that would be on each agreement to the Secretary, company engaged in a nonbanking incurred to provide international Federal Maritime Commission, activity that is listed in § 225.25 of blocking capability to all residential Washington, D.C. 20573, within 10 days Regulation Y as closely related to customers. They should also show the after the date of the Federal Register in banking and permissible for bank extent to which those costs would be which this notice appears. The holding companies. Unless otherwise reduced by not providing blocking in requirements for comments are found in noted, such activities will be conducted areas in which it would not be section 572.603 of Title 46 of the Code throughout the United States. technically feasible and economically of Federal Regulations. Interested reasonable to do so. For each instance persons should consult this section The application is available for in which a LEC claims that it would not before communicating with the immediate inspection at the Federal be technically feasible and economically Commission regarding a pending Reserve Bank indicated. Once the reasonable to provide residential agreement. application has been accepted for blocking, its comments should specify Agreement No.: 217–011495. processing, it will also be available for the type of equipment, the number of Title: ANZDL/Nedlloyd Space Charter inspection at the offices of the Board of end offices affected, the nature of the Agreement. Governors. Interested persons may problem (i.e., inadequate switch Parties: express their views in writing on the memory) and the percentage of Australia-New Zealand Direct Line question whether consummation of the residential access lines that would not Nedlloyd Lijnen, B.V. proposal can ‘‘reasonably be expected to receive international blocking. Also, the Synopsis: The proposed Agreement produce benefits to the public, such as LEC should provide a timeable permits the parties to charter space to greater convenience, increased indicating when, under its current and from each other on vessels competition, or gains in efficiency, that investment plans, it would become operated in the trade between U.S outweigh possible adverse effects, such technically feasible and economically Pacific Coast ports and inland and as undue concentration of resources, reasonable to offer international coastal points via such ports, on the decreased or unfair competition, blocking to residential customers from one hand, and ports in Australia and conflicts of interests, or unsound New Zealand and inland and coastal those end offices. banking practices.’’ Any request for a points via such ports, on the other. Interested parties may file comments hearing on this question must be on these issues no later than April 24, Agreement No.: 224–200278–001 accompanied by a statement of the 1995. Replies should be filed by May 8, Title: Port of Oakland/Hyundai reasons a written presentation would 1995. Merchant Marine Co., Ltd., Marine not suffice in lieu of a hearing, An original and four copies of all Terminal Agreement comments and replies must be filed in Parties: identifying specifically any questions of fact that are in dispute, summarizing the accordance with Section 1.51(c) of the Port of Oakland Commission’s Rules, 47 C.F.R. § 1.51(c). Hyundai Merchant Marine Co., Ltd. evidence that would be presented at a In addition, one copy of each pleading Synopsis: The proposed amendment hearing, and indicating how the party must be filed with International removes provisions that require commenting would be aggrieved by Transcription Services (ITS), the payment to the Port for empty approval of the proposal. Commission’s duplicating contractor, at containers loaded or discharged from Comments regarding the application its office at 2100 M Street, N.W., Suite User’s vessels and the provisions for must be received at the Reserve Bank 140, Washington, D.C. 20037 and one additional wharfage refunds to User indicated or the offices of the Board of copy with the Chief, Tariff Division, in the event User has less than ten Governors not later than April 14, 1995. Room 518, 1919 M Street, N.W., percent (10%) empty twenty foot A. Federal Reserve Bank of Dallas Washington, D.C. 20554. equivalent units (TEUs) in a contract (Genie D. Short, Vice President) 2200 For further information, contact year. North Pearl Street, Dallas, Texas 75201- Thomas G. David, Tariff Division, Dated: March 28, 1995. Common Carrier Bureau, (202) 418– 2272: By Order of the Federal Maritime 1. Brazosport, Corporation, Freeport, 1530. Commission. Texas; to acquire First Commerce Federal Communications Commission. Joseph C. Polking, Mortgage Corporation, Corpus Christi, William F. Caton, Secretary. Texas, and thereby engage in making, Acting Secretary. [FR Doc. 95–7937 Filed 3–30–95; 8:45 am] acquiring, or servicing loans for itself or [FR Doc. 95–7950 Filed 3–30–95; 8:45 am] BILLING CODE 6730±01±7 for others, and loan marketing and BILLING CODE 6712±01±M advisory services, pursuant to § 225.25(b)(1) of the Board’s Regulation Y. FEDERAL RESERVE SYSTEM The geographic scope for these activities FEDERAL MARITIME COMMISSION is Corpus Christi, Texas, Brazosport Brazosport, Corporation; Acquisition Notice of Agreement(s) Filed of Company Engaged in Permissible Area, which includes Freeport, Lake Nonbanking Activities Jackson and Clute, Texas. The Federal Maritime Commission Board of Governors of the Federal Reserve hereby gives notice of the filing of the The organization listed in this notice System, March 27, 1995. following agreement(s) pursuant to has applied under § 225.23(a)(2) or (f) section 5 of the Shipping Act of 1984. of the Board’s Regulation Y (12 CFR William W. Wiles, Interested parties may inspect and 225.23(a)(2) or (f)) for the Board’s Secretary of the Board. obtain a copy of each agreement at the approval under section 4(c)(8) of the [FR Doc. 95-7915 Filed 3-30-95; 8:45 am] Washington, D.C. Office of the Federal Bank Holding Company Act (12 U.S.C. BILLING CODE 6210-01-F Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16653 Pikeville National Corporation, et al.; Board of Governors of the Federal Reserve indicated or the offices of the Board of Formations of; Acquisitions by; and System, March 27, 1995. Governors not later than April 14, 1995 Mergers of Bank Holding Companies William W. Wiles, A. Federal Reserve Bank of New Secretary of the Board. York (William L. Rutledge, Senior Vice The companies listed in this notice [FR Doc. 95-7916 Filed 3-30-95; 8:45 am] President) 33 Liberty Street, New York, have applied for the Board’s approval BILLING CODE 6210-01-F New York 10045: under section 3 of the Bank Holding Company Act (12 U.S.C. 1842) and § 1. The Chase Manhattan Corporation, 225.14 of the Board’s Regulation Y (12 The Chase Manhattan Corporation; New York, New York; to merge with CFR 225.14) to become a bank holding Formation of, Acquisition by, or U.S. Trust Corporation, New York, New company or to acquire a bank or bank Merger of Bank Holding Companies; York, and thereby indirectly acquire holding company. The factors that are and Acquisition of Nonbanking United States Trust Company of New considered in acting on the applications Company York, New York, New York. are set forth in section 3(c) of the Act In connection with this application, (12 U.S.C. 1842(c)). The company listed in this notice has Applicant also has applied to acquire applied under § 225.14 of the Board’s Each application is available for U.S. Trust Corporation’s wholly-owned Regulation Y (12 CFR 225.14) for the immediate inspection at the Federal direct subsidiaries, Mutual Funds Board’s approval under section 3 of the Reserve Bank indicated. Once the Services Company, Boston, Bank Holding Company Act (12 U.S.C. application has been accepted for Massachusetts, and U.S. Trust Company 1842) to become a bank holding processing, it will also be available for of Wyoming, Cody, Wyoming, and company or to acquire voting securities inspection at the offices of the Board of certain assets and liabilities associated of a bank or bank holding company. The Governors. Interested persons may with certain custodial relationships listed company has also applied under express their views in writing to the from the U.S. Trust Company of § 225.23(a)(2) of Regulation Y (12 CFR Reserve Bank or to the offices of the California, N.A., Los Angeles, 225.23(a)(2)) for the Board’s approval Board of Governors. Any comment on California, and thereby engage in data under section 4(c)(8) of the Bank an application that requests a hearing processing and trust company activities, Holding Company Act (12 U.S.C. must include a statement of why a pursuant to §§ 225.25(b)(7) and (3) of 1843(c)(8)) and § 225.21(a) of Regulation written presentation would not suffice the Board’s Regulation Y. Y (12 CFR 225.21(a)) to acquire or in lieu of a hearing, identifying control voting securities or assets of a Board of Governors of the Federal Reserve specifically any questions of fact that company engaged in a nonbanking System, March 27, 1995. are in dispute and summarizing the activity that is listed in § 225.25 of William W. Wiles, evidence that would be presented at a Regulation Y as closely related to Secretary of the Board. hearing. banking and permissible for bank [FR Doc. 95-7917 Filed 3-30-95; 8:45 am] Unless otherwise noted, comments holding companies, or to engage in such BILLING CODE 6210-01-F regarding each of these applications an activity. Unless otherwise noted, must be received not later than April 24, these activities will be conducted 1995. throughout the United States. A. Federal Reserve Bank of Cleveland The application is available for DEPARTMENT OF HEALTH AND (John J. Wixted, Jr., Vice President) 1455 immediate inspection at the Federal HUMAN SERVICES East Sixth Street, Cleveland, Ohio Reserve Bank indicated. Once the 44101: application has been accepted for Food and Drug Administration 1. Pikeville National Corporation and processing, it will also be available for Advisory Committees; Renewals Pikeville Acquisition Corporation, both inspection at the offices of the Board of of Pikeville, Kentucky; to acquire 100 Governors. Interested persons may express their views in writing on the AGENCY: Food and Drug Administration, percent of the voting shares of HHS. Woodford Bancorp, Inc., Versailles, question whether consummation of the Kentucky, and thereby indirectly proposal can ‘‘reasonably be expected to ACTION: Notice. acquire Woodford Bank and Trust produce benefits to the public, such as Company, Versailles, Kentucky. greater convenience, increased SUMMARY: The Food and Drug competition, or gains in efficiency, that Administration (FDA) is announcing the In connection with this application outweigh possible adverse effects, such Pikeville Acquisition Corporation, renewal of the Antiviral Drugs Advisory as undue concentration of resources, Committee by the Commissioner of Pikeville, Kentucky, has applied become decreased or unfair competition, a bank holding company by acquiring Food and Drugs. This notice is issued conflicts of interests, or unsound under the Federal Advisory Committee Woodford Bancorp, Inc., Versailles, banking practices.’’ Any request for a Kentucky. Act of October 6, 1972 (Pub. L. 92–463 hearing on this question must be (5 U.S.C. app.2)). B. Federal Reserve Bank of Kansas accompanied by a statement of the City (John E. Yorke, Senior Vice reasons a written presentation would DATES: Authority for this committee will President) 925 Grand Avenue, Kansas not suffice in lieu of a hearing, expire on February 15, 1997, unless the City, Missouri 64198: identifying specifically any questions of Commissioner formally determines that 1. First Mountain Company Profit fact that are in dispute, summarizing the renewal is in the public interest. Sharing/401k and First Mountain evidence that would be presented at a FOR FURTHER INFORMATION CONTACT: Company, both of Montrose, Colorado; hearing, and indicating how the party Donna M. Combs, Committee to become bank holding companies by commenting would be aggrieved by Management Office (HFA–306), Food acquiring 100 percent of the voting approval of the proposal. and Drug Administration, 5600 Fishers shares of First Mountain State Bank, Comments regarding the application Lane, Rockville, MD 20857, 301–443– Montrose, Colorado. must be received at the Reserve Bank 2765. 16654 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices Dated: March 24, 1995. Health Resources and Services National Institutes of Health Linda A. Suydam, Administration Interim Deputy Commissioner for Operations. Division of Research Grants; Notice of [FR Doc. 95–7990 Filed 3–30–95; 8:45 am] Availability of Funds for the National Closed Meetings Health Service Corps Loan Repayment BILLING CODE 4160±01±F Program and Grants for State Loan Pursuant to Section 10(d) of the Repayment Programs Federal Advisory Committee Act, as Office of the Secretary amended (5 U.S.C. Appendix 2), notice AGENCY: Health Resources and Services is hereby given of the following Division Agency Forms Submitted to the Office Administration, PHS. of Research Grants Special Emphasis Panel (SEP) meetings: of Management and Budget for ACTION: Notice of extension of Clearance application due date. Purpose/Agenda: To review individual grant applications. On Fridays, the Department of Health SUMMARY: This notice extends the due Name of SEP: Microbiological and and Human Services, Office of the date previously published in the Immunological Sciences. Secretary publishes a list of information Federal Register on March 6, 1995 (60 Date: April 20, 1995. collections it has submitted to the Office Time: 1 p.m. FR 12242–12245) for applications to of Management and Budget (OMB) for Place: NIH, Westwood Building, Room provide grants to States to assist them in clearance in compliance with the 236A, Telephone Conference. operating programs for the repayment of Paperwork Reduction Act (44 U.S.C. Contact Person: Dr. William Branche, educational loans of health Chapter 35). The following are those Scientific Review Admin., 5333 Westbard professionals in return for practice in information collections recently Ave., Room 236A, Bethesda, MD 20892, (301) federally designated health professional submitted to OMB. 594–7297. shortage areas to increase the Name of SEP: Microbiological and 1. Hill-Burton Community Service availability of primary health services. Immunological Sciences. Assurance Report—Extension with No The new due date is May 15, 1995. All Date: April 21, 1995. Change—0990-0096—The Community other information remains unchanged. Time: 1 p.m. Service Assurance Report provides Dated: March 27, 1995. Place: NIH, Westwood Building, Room information on community services 235, Telephone Conference. Ciro V. Sumaya, provided by Hill-Burton recipients. The Contact Person: Dr. Jean Hickman, Public Health Service Act (Titles VI and Administrator. Scientific Review Admin., 5333 Westbard XVI) requires that this information be [FR Doc. 95–7868 Filed 3–30–95; 8:45 am] Ave., Room 235, Bethesda, MD 20892, (301) obtained periodically to enable BILLING CODE 4160±15±M 594–7078. assessment of the compliance of Name of SEP: Multidisciplinary Sciences. recipient Hill-Burton health facilities Date: April 28, 1995. with their community services Indian Health Service Time: 12:00 noon. assurances. Respondents: State or local Place: NIH, Westwood Building, Room Standing Notice of Availability of governments, non-profit institutions; 2A05, Telephone Conference. Funds for Health Professions Total Number of Respondents: 6,300; Contact Person: Dr. Donald Schneider, Preparatory, Pregraduate and Indian Frequency of Response: once every Scientific Review Admin., 5333 Westbard Health Scholarship (Professions) three years; Average Burden per Ave., Room 2A05, Bethesda, MD 20892, (301) Programs for Fiscal Years (FY's) 1995 Response: 52.5 hours; Estimated Annual 594–7053. and 1996; Notice Correction Burden: 110,250 hours. The meetings will be closed in accordance with the provisions set forth in secs. OMB Desk Officer: Allison Eydt. In notice Doc. 95–3740 beginning on 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Copies of the information collection page 8663 in the issue of Wednesday, Applications and/or proposals and the packages listed above can be obtained February 15, 1995, make the following discussions could reveal confidential trade by calling the OS Reports Clearance corrections: secrets or commercial property such as Officer on (202) 619–1053. Written 1. On page 8663 in the third column, patentable material and personal information concerning individuals associated with the comments and recommendations for the ‘‘DATES: The application deadline is proposed information collection should applications and/or proposals, the disclosure April 1, 1995 and 1996.’’ This line of which would constitute a clearly be sent directly to the OMB desk officer should be changed to read ‘‘DATES: The unwarranted invasion of personal privacy. designated above at the following application deadline is April 14, 1995 This notice is being published less than 15 address: OMB Reports Management and April 1, 1996.’’ days prior to the meeting due to the urgent Branch, New Executive Office Building, 2. One page 8666 in the first column, need to meet timing limitations imposed by Room 3208, Washington, D.C. 20503. ‘‘Y. Radiologic Technology: Associate the grant review cycle. Dated: March 21, 1995. and B.S.’’ This line should be changed (Catalog of Federal Domestic Assistance Dennis P. Williams, to read ‘‘Y. Radiologic Technology; Program Nos. 93.306, 93.333, 93.337, 93.393– Deputy Assistant Secretary, Budget. Associate, BS and Certificate programs.’’ 93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National Institutes of Health, [FR Doc. 95–7745 Filed 3–30–95; 8:45 am] Dated: March 24, 1995. HHS) BILLING CODE 4150±04±M Michel E. Lincoln, Dated: March 27, 1995. Acting Director. Susan K. Feldman, [FR Doc. 95–7866 Filed 3–30–95; 8:45 am] Committee Management Officer, NIH. BILLING CODE 4160±16±M [FR Doc. 95–7993 Filed 3–30–95; 8:45 am] BILLING CODE 4140±01±M Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16655 National Library of Medicine; Notice of National Institute of Neurological Opportunity For Licensing: HIV±1 Meetings of the Board of Regents and Disorders and Stroke; Notice of Nucleocapsid Protein (p7nc) Capture the Extramural Programs Meeting, Board of Scientific Assay Subcommittee Counselors AGENCY: National Institutes of Health, Public Health Service, DHHS. Pursuant to Pub. L. 92–463, notice is Pursuant to Pub. L. 92–463, notice is hereby given of the meeting of the Board hereby given of the meeting of the Board ACTION: Notice. of Scientific Counselors, National of Regents of the National Library of SUMMARY: The National Institutes of Medicine on May 23–24, 1995, in the Institute of Neurological Disorders and Health (NIH), Department of Health and Board Room of the National Library of Stroke, Division of Intramural Research, Human Services (DHHS), seeks Medicine, 8600 Rockville Pike, on June 4–6, 1995, at the National licensee(s) to develop a novel Bethesda, Maryland. The Extramural Institutes of Health, Medical Board immunological capture assay for the Programs Subcommittee will meet on Room, Building 10, Rm. 2C116, 9000 detection of human immunodeficiency May 22 in Conference Room B, Building Rockville Pike, Bethesda, Maryland, virus (HIV). Scientists at the National 38A, from 2 p.m. to approximately 3:30 20892. Cancer Institute have identified a new p.m., and will be closed to the public. This meeting will be open to the screening assay based on the detection The meeting of the Board will be open public from 8:30 a.m. to 12:20 p.m. and in biological samples of p7nc, an HIV to the public from 9 a.m. to from 1:30 p.m. to 5:00 p.m. on June 5th, nucleocapsid protein. The assay is free approximately 4:30 p.m. on May 23 and and from 8:30 a.m. to 2:10 p.m. on June from interference by antigen-antibody from 9 a.m. to adjournment on May 24 6th, to discuss program planning and complexes. Potential uses for this assay for administrative reports and program program accomplishments. Attendance include determining the prognosis of discussions. Attendance by the public by the public will be limited to space disease in an HIV-infected person, will be limited to space available. available. monitoring the effectiveness of antiviral Individuals who plan to attend and In accordance with the provisions set treatment, detecting HIV infection in need special assistance, such as sign- forth in section 552b(c)(6), Title 5, infants born to HIV-infected mothers, language interpretation or other U.S.C. and section 10(d) of Pub. L. 92– and detecting and quantitating HIV in reasonable accommodations, should 463, the meeting will be closed to the laboratory experiments, i.e., virus contact Mrs. Karin Colton at 301–496– public from 8 p.m. to 10 p.m. on June production, infectivity assays, 4621 two weeks before the meeting. 4th and from 2:10 p.m. until neutralization assays and drug effectiveness assays. NIH intends to In accordance with provisions set adjournment on June 6th, for the review, discussion and evaluation of individual grant the selected firm(s) world-wide forth in secs. 552b(c)(4), 552b(c)(6), Title royalty-bearing license(s) to practice the 5, U.S.C. and sec. 10(d) of Pub. L. 92– programs and projects conducted by the NINDS. The programs and discussions inventions embodied in U.S. Patent 463, the entire meeting of the Application Serial No. 07/967,658 from Extramural Programs Subcommittee on include consideration of personnel qualifications and performances, the Dr. Larry O. Arthur and Dr. Louis E. May 22 will be closed to the public from Henderson entitled ‘‘HIV Nucleocapsid 2 p.m. to approximately 3:30 p.m., and competence of individual investigators and similar items, the disclosure of Protein Capture Assay and Method of the regular Board meeting on May 23 Use.’’ The patent rights in these will be closed from approximately 4:30 which would constitute a clearly unwarranted invasion of personal inventions have been assigned to the p.m. to 5 p.m. for the review, United States of America. discussion, and evaluation of individual privacy. SUPPLEMENTARY INFORMATION: The grant applications. These applications The Freedom of Information current antigen capture assays for the and the discussion could reveal Coordinator, Ms. Mary Whitehead, detection of HIV–1 utilize the capsid confidential trade secrets or commercial Federal Building, Room 1012, 7550 antigen p24CA or the matrix protein property, such as patentable material, Wisconsin Avenue, Bethesda, MD p17MA. Antibodies to p24 and p17 and personal information concerning 20892, telephone (301) 496–9231 or the found in HIV–1-infected persons individuals associated with the Acting Executive Secretary, Dr. Harold interfere with the assays and limit their applications, the disclosure of which Gainer, Acting Director, Division of utility. The AIDS Vaccine Development would constitute a clearly unwarranted Intramural Research, NINDS, Building Program at the National Cancer invasion of personal privacy. 10, Room 5N214, National Institutes of Institute-Frederick Cancer Research and Mr. Robert B. Mehnert, Chief, Office Health, Bethesda, MD 20892, telephone (301) 496–4297, will furnish a summary Development Center has found that of Inquiries and Publications antibodies to p7 are not prevalent in Management, National Library of of the meeting and a roster of committee members upon request. Individuals who HIV–1-infected individuals. This Medicine, 8600 Rockville Pike, observation coupled with the fact that Bethesda, Maryland 20894, Telephone plan to attend and need special assistance, such as sign language p7 is found in equal molar quantities to Number: 301–496–6308, will furnish a p24 in the virus, makes p7 an ideal summary of the meeting, rosters of interpretation or other reasonable accommodations, should contact the candidate for an HIV antigen capture Board members, and other information assay. A p7 capture assay has been pertaining to the meeting. Acting Executive Secretary in advance of the meeting. developed and p7 assays of sera of (Catalog of Federal Domestic Assistance seropositive individuals to which HIV– (Catalog of Federal Domestic Assistance Program No. 93.879—Medical Library 1 is added demonstrate that HIV–1 can Program No. 13.853, Clinical Basis Research; be detected. Similar experiments using Assistance, National Institutes of Health.) No. 13.854, Biological Basis Research) Dated: March 27, 1995. commercial p24 assays are negative. The Dated: March 27, 1995. assay may be used for samples Susan K. Feldman, Susan K. Feldman, containing bodily fluids, tissues, or cell Committee Management Officer, NIH. Committee Management Officer, NIH. culture fluid. Because the assay is [FR Doc. 95–7992 Filed 3–30–95; 8:45 am] [FR Doc. 95–7991 Filed 3–30–95; 8:45 am] capable of measuring the nucleocapsid BILLING CODE 4140±01±M BILLING CODE 4140±01±M protein concentration, which correlates 16656 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices with the level of infectious HIV in an Infectious Disease Branch, Office of 60; Number of Responses per infected person, it provides a surrogate Technology Transfer, National Institutes Respondent: 1; Average Burden per marker for AIDS progression. This of Health, 6011 Executive Boulevard, Response: 530 hours; Estimated Annual simple, rapid, quantitative, inexpensive Suite 325, Rockville, MD 20852–3804; Burden; 31,800 hours. Send comments assay may be used (1) As a prognostic Telephone 301/496–7735 ext 266; Fax to Shannah Koss, Human Resources and indicator of HIV–1 infection and 301/402–0220. A signed confidentiality Housing Branch, New Executive Office progression to AIDS; (2) in monitoring agreement will be required to receive a Building, Room 10235, Washington, the effectiveness of anti-viral treatments; copy of the patent application. D.C. 20503. (3) to determine HIV–1 infection in Dated: March 17, 1995. 2. Survey of Medical Schools to infants born to HIV-infected mothers; Barbara M. McGarey, Investigate the Relationships Between and (4) to determine if vaccinated Deputy Director, Office of Technology Biomedical Research Funding and persons are infected with HIV–1. In Transfer. Specialty Choice—New—A brief survey addition, the assay may be used to [FR Doc. 95–7994 Filed 3–30–95; 8:45 am] of medical schools is proposed as part detect and quantitate HIV–1 in clinical BILLING CODE 4140±01±P of a study of the relationship between and research laboratories such as level of funding for biomedical research propagation in cell culture, isolation and production of primary care from PBMCs, neutralization assays, Public Health Service graduates. Most data will be derived drug-sensitivity assays, etc. The assay from secondary data sources: only four may serve as the basis for an ELISA or Agency Forms Submitted to the Office topics are covered in the survey. immunoblot kit. of Management and Budget for Respondents: Business or other for- The NIH seeks licensee(s), who in Clearance profit; Not-for-profit institutions; accordance with requirements and Number of Respondents: 123; Number Each Friday the Public Health Service regulations governing the licensing of of Responses per Respondent: 1; government-owned inventions (37 CFR (PHS) publishes a list of information collection requests under review, in Average Burden per Response: .5 hour; part 404), have the most meritorious Estimated Annual Burden: 62 hours. plan for the development of the assay to compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). Send comments to Shannah Koss, meet the needs of the public and with Human Resources and Housing Branch, the best terms for the NIH. The criteria To request a copy of these requests, call the PHS Reports Clearance Office on New Executive Office Building, Room that NIH will use to evaluate exclusive (202) 690–7100. 10235, Washington, D.C. 20503. or non-exclusive license applications The following requests have been 3. National Practitioner Data Bank for will include those set forth by 37 CFR submitted for review since the list was Adverse Information on Physicians and 404.7(a)(1)(ii)–(iv). last published on Friday, March 24. Other Health Care Practitioners— EFFECTIVE DATE: In view of the high 1. FY 1996 Substance Abuse Regulations and Forms (45 CFR Part priority for developing new drugs for Prevention and Treatment Block Grant 60)—0915–0126—Revision—Data the treatment of HIV infection, all Application Format—0930–0080— identifying incompetent, unprofessional proposals must be received by no later Revision—Public Law 102–321 and unethical physicians and health than May 30, 1995. authorized block grants to States for the practitioners will be shared with ADDRESSES: Requests for a summary of purpose of providing prevention and licensing boards, professional societies, the technology or other questions and treatment services. Under provisions of and selected health providers. These comments concerning the biomedical the law, States may receive allotments data will be used to maintain and aspects of this technology should be only after an application is approved by improve health care and will be directed to: Cindy Fuchs, J.D., Office of the Secretary. This submission provides obtained from insurers, licensure Technology Development, National the States with the forms and boards, peer review committees, Cancer Institute, 1003 West Seventh instructions for their applications so hospitals, and other providers. Street, P.O. Box B, Frederick, MD they can comply with the requirements Respondents: Individuals or 21702–1201; Telephone 301/846–1501; of the law and the regulations households; Business or other for-profit; Fax 301/846–6820. implementing the law. Only minor Not-for-profit institutions; Federal Requests for a copy of the patent changes are made to facilitate electronic Government; State, Local or Tribal application, license application form, or submission, clarify instructions and Government. Send comments to other questions and comments reflect phase-in of requirements in the Shannah Koss, Human Resources and concerning the licensing of this 1992 block grant legislation. Housing Branch, New Executive Office technology should be directed to: Respondents: State, Local or Tribal Building, Room 10235, Washington, Steven M. Ferguson, Acting Chief, Government; Number of Respondents: D.C. 20503. Number of re- Title Number of sponses per Average burden per respondents respondent response 60.6 (a) Reporting Corrections of Errors and Omissions ...... 2,800 1.04 .25 hour 60.6 (b) Reports of Revisions to Original Actions ...... 350 1.06 .75 hour 60.7 (b) Reporting Medical Malpractice Payments ...... 150 105.33 .75 hour 60.8 (b) Reporting Licensure Action by State Boards ...... 125 21.02 .75 hour 60.9 (a) Reporting Privileging and Professional Society Actions ...... 1,000 1.08 .75 hour 60.9 (c) Request for Hearings by Entities Found in Noncompliance ...... 1 1 8 hours 60.10 (a)(1) Hospital Queries on Applicants; 60.11(a)(1) Other Hospital Queries; 60.11 7,200 38.33 .08 hour per name (a)(6) Queries for Professional Review. 60.10 (a)(2) Biennial Queries by Hospitals ...... 6,000 186.83 .08 hour per name 60.11 (a)(2) Practitioner Queries ...... 29,000 1 .25 hour 60.11(a)(3) State Licensure Board Queries ...... 70 171 .08 hour 60.11(a)(4) Queries by Nonhospital Health Care Entities ...... 1,860 139.78 .08 hour Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16657 Number of re- Title Number of sponses per Average burden per respondents respondent response 60.11 (a)(5) Queries by Attorneys ...... 10 1 .25 hour 60.11(a)(7) Queries for Research Purposes ...... 100 1 1 hour 60.14 (b) Practitioner's Disputing Data Bank Reports ...... 1,080 1 .17 hour 60.14(b) Practitioner Requests for Secretarial Review ...... 100 1 8 hours 60.14(b) Practitioner Statements ...... 2,700 1 1 hour Biennial Entity Verification Document ...... 5,750 1 .25 hour Entity File Update ...... 1,150 1 .25 hour Note: Estimated Total Annual Burden: 167,489 hours. Written comments and The project invited providers within DEPARTMENT OF HOUSING AND recommendations concerning the the Portland Area to submit their most URBAN DEVELOPMENT proposed information collections favorable rate quotations and was should be sent within 30 days of this scheduled to end on March 31, 1992. Office of the Assistant Secretary for notice directly to the individual The response was far greater than the Community Planning and designated. expectations of the IHS. As a result of Development Dated: March 28, 1995. this greater than expected response, and James Scanlon, the need to develop complex rate [Docket No. N±95±1917; FR±3778±N±30] quotation analysis methodologies for Director, Data Policy Staff Office of the Federal Property Suitable as Facilities Assistant Secretary for Health and PHS, facilities, outpatient and professional To Assist the Homeless Reports Clearance Officer. providers, and the need to develop [FR Doc. 95–8022 Filed 3–30–95; 8:45 am] preferred provider lists from these AGENCY: Office of the Assistant BILLING CODE 4160±01±M analyses, the termination date was Secretary for Community Planning and extended to March 31, 1993, 57 FR Development, HUD. 10671. The termination date was again ACTION: Notice. Method for Evaluating and extended to March 31, 1995, 58 FR Establishing Reimbursement Rates for 11864. Additionally, the IHS published SUMMARY: This Notice identifies Health Care Services Authorized Under notification on June 18, 1992, 57 FR unutilized, underutilized, excess, and the Indian Health Service Contract 27262, that additional sites were being surplus Federal property reviewed by Health Service RegulationsÐPortland, added to the pilot project to provide HUD for suitability for possible use to Alaska, and Nashville Areas more information from a wide assist the homeless. AGENCY: Indian Health Service, HHS. geographic area. EFFECTIVE DATE: March 31, 1995. ACTION: Extension of Project Date. The evaluation of the facility ADDRESSES: For further information, component of the project was completed contact David Pollack, Department of SUMMARY: The termination date for the January 28, 1994. The overall results of Housing and Urban Development, Room Portland Pilot Project now being the evaluation were positive. The formal 7256, 451 Seventh Street SW, conducted in the Portland, Alaska, and review process of the professional Washington, DC 20410; telephone (202) Nashville Areas to determine an provider component has not been 708–1234; TDD number for the hearing- alternative method of evaluating and completed. Extension of the project and speech-impaired (202) 708–2565, establishing reimbursement rates for termination date to September 30, 1996 (these telephone numbers are not toll- contract health services has been will allow the IHS time to complete the free), or call the toll-free Title V changed from March 31, 1995 to evaluation and to assess the results. information line at 1–800–927–7588. September 30, 1996. Based upon the results of the SUPPLEMENTARY INFORMATION: In FOR FURTHER INFORMATION CONTACT: evaluation, IHS will formulate, publish accordance with the December 12, 1988 J.T. Garrett, Ed.D., Acting Chief, Health and implement a new payment and court order in National Coalition for the Care Administration Branch, Division of procurement policy for contract health Homeless v. Veterans Administration, Health Care Administration/Contract services. We are, therefore, extending No. 88–2503–OG (D.D.C.), HUD Health Services, Room 6A–41, 5600 the termination date of this pilot project publishes a Notice, on a weekly basis, Fishers Lane, Rockville, MD 20857, from March 31, 1995 to September 30, identifying unutilized, underutilized, (301) 443–8373 (This is not a toll-free 1996. excess and surplus Federal buildings number). and real property that HUD has This pilot project does not change the reviewed for suitability for use to assist SUPPLEMENTARY INFORMATION: The current IHS payment policy requirement the homeless. Today’s Notice is for the Indian Health Service (IHS) issued a that health care services be procured at purpose of announcing that no general notice in 56 FR 10566 on March rates which do not exceed prevailing additional properties have been 13, 1991 to inform the public that the Medicare rates. determined suitable or unsuitable this IHS was conducting a pilot project in week. the IHS Portland Area. This project is Dated: March 24, 1995. designed to determine whether an Michel E. Lincoln, Dated: March 24, 1995. alternative method of evaluating and Acting Director. Jacquie M. Lawing, establishing reimbursement rates for [FR Doc. 95–7867 Filed 3–30–95; 8:45 am] Deputy Assistant Secretary for Economic Development. contract health services will result in BILLING CODE 4160±16±M greater participation by health care [FR Doc. 95–7834 Filed 3–30–95; 8:45 am] providers and lower costs to IHS. BILLING CODE 4210±29±M 16658 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices DEPARTMENT OF THE INTERIOR rescinded by the Authorized Officer. This survey was executed to meet The Order may be rescinded when it is certain administrative needs of the Bureau of Land Management determined that recreationists may Bureau of Land Management. [CA±019±7123±5759±24±1A] safely visit the area and sensitive All inquiries concerning the survey of resources are not jeopardized. the above described land must be sent Emergency Closure Order; California FOR FURTHER INFORMATION CONTACT: to the Chief, Branch of Cadastral Survey, Robert E. Beehler, Area Manager, Idaho State Office, Bureau of Land AGENCY: Bureau of Land Management, Hollister Resources Area, Bureau of Management, 3380 Americana Terrace, Interior. Land Management, 20 Hamilton Court, Boise, Idaho, 83706. ACTION: Emergency closure of public Hollister, CA 95023, (408) 637–8183. Dated: March 23, 1995. lands in the Hollister Resource Area to Dated: March 16, 1995. Harry K. Smith, all motorized vehicle use. Robert E. Beehler, Acting Chief Cadastral Surveyor for Idaho. SUMMARY: This emergency closure will Hollister Area Manager. [FR Doc. 95–7884 Filed 3–30–95; 8:45 am] close all public lands in Clear Creek [FR Doc. 95–7885 Filed 3–30–95; 8:45 am] BILLING CODE 4310±GG±M Management Area, in San Benito and BILLING CODE 4310±40±M Fresno Counties, California [ID±943±1430±01; IDI±31261] (approximately 50,000 acres), to the use [ID±942±04±1420±00] or operation of all motorized vehicles Notice of Proposed Withdrawal and except as specified. Idaho: Filing of Plats of Survey; Idaho Opportunity for Public Meeting; Idaho The purpose of this emergency closure is to protect human life and The plats of the following described AGENCY: Bureau of Land Management, safety and to protect sensitive resources, land were officially filed in the Idaho Interior. including threatened plants and their State Office, Bureau of Land ACTION: Notice. habitat, soils, and wildlife habitat. Management, Boise, Idaho, effective SUMMARY: The United States Department The authorized officer has determined 9:00 a.m., March 22, 1995. of Agriculture, Forest Service, had filed that recent severe storms resulting in The plat representing the dependent an application to withdraw 3,805.87 local flooding and slides, have made resurvey of portions of the north and acres of National Forest System lands these areas unsafe for motorized use, west boundaries, and subdivisional for protection of the Howell Canyon and that additionally, any motorized use lines, the subdivision of section 6, and Recreation Complex. Publication of this could result in serious damage to the a metes-and-bounds survey in section 6, notice in the Federal Register will close resources mentioned above. T. 7 N., R. 23 E., Boise Meridian, Idaho, A map of the areas affected by this Group No. 899, was accepted, March 17, the land up to two years from location closure order is on file and can be 1995. and entry under the United States The supplemental plat, prepared to viewed at the Hollister Area Office of mining laws. The land will remain open correct the parenthetical distances, on the Bureau of Land Management. to all uses, other than the mining laws. the line between sections 7 and 18, T. DATES: Comments and requests for a The following persons are exempt from 48 N., R. 1 W., was accepted March 20, meeting should be received on or before this closure order: 1995. June 29, 1995. (1) Federal, State, or Local Law These surveys were executed to meet ADDRESSES: Comments and meeting Enforcement Officers, while engaged in certain administrative needs of the requests should be sent to the Idaho the execution of their official duties. Bureau of Land Management. State Director, BLM, Idaho State Office, (2) BLM personnel or their All inquiries concerning the survey of 3380 Americana Terrace, Boise, Idaho representatives while engaged in the the above described land must be sent 83706–2500. execution of their official duties. to the Chief, Branch of Cadastral Survey, (3) Authorized permittees, claimants, Idaho State Office, Bureau of Land FOR FURTHER INFORMATION CONTACT: or private landowners. Management, 3380 Americana Terrace, Larry R. Lievsay, BLM, Idaho State (4) Any member of an organized Boise, Idaho, 83706. Office, 3380 Americana Terrace, Boise, Idaho 83706–2500, 208–384–3166. rescue, fire-fighting force, Emergency Dated: March 22, 1995. SUPPLEMENTARY INFORMATION: On March Medical Services organization while in Harry K. Smith, the performance and execution of an 15, 1995, the United States Department Acting Chief Cadastral Surveyor for Idaho. official duty. of Agriculture, Forest Service, filed an (5) Any member of a federal, state or [FR Doc. 95–7883 Filed 3–30–95; 8:45 am] application to withdraw the following local public works department while in BILLING CODE 4310±GG±M described National Forest System lands the performance of an official duty. from location and entry under the SUPPLEMENTARY INFORMATION: This [ID±942±04±1420±00] United States mining laws, subject to closure is issued under the authority of valid existing rights: 43 CFR 8364.1 and 43 CFR 8341.2. Idaho: Filing of Plats of Survey; Idaho Boise Meridian Persons violating this closure shall be The plat of the following described T. 12 S., R. 24 E., subject to the penalties provided in 43 land was officially filed in the Idaho Sec. 36, SW1⁄4NW1⁄4, W1⁄2SW1⁄4 and CFR 8360.0–7 and 8340.0–7, including State Office, Bureau of Land S1⁄2SE1⁄4. a fine not to exceed $100,000 and/or Management, Boise, Idaho, effective T. 12 S., R. 25 E., imprisonment not to exceed 12 months. Sec. 31, lot 4, NE1⁄4NE1⁄4, SW1⁄4NE1⁄4, 9:00 a.m., March 23, 1995. 1 1 1 1 1 1 Any vehicle or instrumentality used in The plat representing the dependent W ⁄2SE ⁄4NE ⁄4, SE ⁄4SW ⁄4 and SE ⁄4; a violation of this order is subject to Sec. 32, S1⁄2SE1⁄4SW1⁄4NW1⁄4, SE1⁄4NW1⁄4 resurvey of Homestead Entry Survey No. 1 1 seizure and possible forfeiture. and N ⁄2SW ⁄4. 147 and a portion of the subdivisional T. 13 S., R. 24 E., DATES: This order is in effect lines, T. 16 N., R. 19 E., Boise Meridian, Sec. 1, N1⁄2 lot 1, lots 2 to 4 inclusive, immediately. The closure for Clear Idaho, Group No. 890, was accepted S1⁄2NW1⁄4 and SW1⁄4; Creek will remain in effect until March 17, 1995. Sec. 2; Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16659 Sec. 3, lots 2 to 4 inclusive, S1⁄2N1⁄2, Record of Decision Documenting the Biological Opinion, copy attached, and N1⁄2S1⁄2, SW1⁄4SW1⁄4 and SE1⁄4SW1⁄4; Department of Interior's Approval for to honor all applicable Federal and State Sec. 4, lots 1 and 2, S1⁄2NE1⁄4, NE1⁄4SW1⁄4, the Central Utah Water Conservancy laws, including the Drainage and Minor NW1⁄4SW1⁄4, S1⁄2SW1⁄4 and SE1⁄4; District To Proceed With the Construction (D&MC) contract dated Sec. 5, SE1⁄4; Construction of the Diamond Fork November 28, 1994, and the Compliance Sec. 9, N1⁄2NE1⁄4, SW1⁄4NE1⁄4, E1⁄2NW1⁄4, Pipeline, Access Road and and Cost Sharing Agreements between NW1⁄4NW1⁄4, NE1⁄4SW1⁄4, N1⁄2SE1⁄4 and Appurtenant Facilities as Part of the the United States and the District dated SE1⁄4NE1⁄4; Diamond Fork System of the August 11, 1993. Sec. 10, W1⁄2NW1⁄4; Bonneville Unit of the Central Utah 1 II. Recommended Decision Sec. 11, NE ⁄4; Project, Utah Sec. 12, NW1⁄4. The Program Director, CUP The areas described aggregate 3,805.87 AGENCY: Office of the Assistant Completion Act Office recommends acres in Cassia County. Secretary for Water and Science, proceeding with the construction of the Department of the Interior. Diamond Fork Pipeline, Access Road, For a period of 90 days from the date ACTION: Notice of availability of the and Appurtenant facilities, as identified of publication of this notice, all persons Diamond Fork pipeline Record of in the Recommended Plan in the 1990 who wish to submit comments, Decision. FS–FEIS. The Recommended Plan is the suggestions, or objections in connection most environmentally acceptable, and with the proposed withdrawal may Record of Decision consistent with the authorized project present their views in writing to the plan. The Recommended Plan is briefly January, 1995 Idaho State Director of the Bureau of summarized in section V of this ROD. Land Management. I. Introduction III. Basis for Decision Notice is hereby given that an This document constitutes the Record Approval of Reclamation’s opportunity for a public meeting is of Decision (ROD) of the Department of Recommended Plan in the 1990 ROD afforded in connection with the the Interior (Department), documenting was the direct result of a public proposed withdrawal. All interested the Department’s approval for the consultation and coordination process. persons who desire a public meeting for Central Utah Water Conservancy District Of the three downsized alternatives the purpose of being heard on the (District) to proceed with the presented in the 1990 FS–FES, the proposed withdrawal must submit a construction of the Diamond Fork Recommended Plan is the most publicly written request to the Idaho State Pipeline, Access Road and Appurtenant acceptable method of meeting Director within 90 days from the date of facilities (Diamond Fork Pipeline obligations of the 1980 Instream Flow publication of this notice. Upon System) as part of the Diamond Fork Agreement while allowing for determination by the authorized officer System of the Bonneville Unit of the completion of the authorized project that a public meeting will be held, a Central Utah Project, as presented in the plan as provided for in CUPCA. Recommended Plan in the Final notice of time and place will be In accordance with Section Supplement to the Final Environmental published in the Federal Register at 202(a)(6)(B) of CUPCA, the Department Impact Statement (INT–FES 90–7, dated least 30 days before the scheduled date and the District executed a D&MC February 22, 1990) (1990 FS–FEIS), of the meeting. contract on November 28, 1994, that prepared in compliance with the binds the District to provide the non- The application will be processed in National Environmental Policy Act Federal cost sharing required in the accordance with the regulations set (NEPA). This project was authorized as CUPCA for the Diamond Fork Pipeline, forth in 43 CFR 2300. a participating project of the Colorado Access Road, and Appurtenant For a period of 2 years from the date River Storage Project by the Act of April facilities, to design and construct these of publication of this notice in the 11, 1956 (70 Stat. 105). facilities, and to comply with all Federal Federal Register, the land will be In accordance with the Record of fish, wildlife, recreation and segregated as specified above unless the Decision signed by the Commissioner of environmental laws in accordance with Reclamation on July 20, 1990 (1990 application is denied or canceled or the the August 11, 1993, Compliance ROD), copy attached, the Bureau of withdrawal is approved prior to this Agreement. Reclamation (Reclamation) began In its Preconstruction Report that was date. The temporary uses which may be implementing the Recommended Plan submitted to the Department on permitted during this segregation period by constructing Syar Tunnel and the December 12, 1994, copy enclosed, the are leases, licenses, permits, rights-of- Sixth Water Aqueduct. However, District officially adopted the way, etc. pursuant to the Central Utah Project Recommended Plan and Mitigation The temporary segregation of the Completion Act (Titles II through VI of plan, and agreed to comply with the lands in connection with this Public Law 102–575, 106 Stat. 4605, environmental commitments that are withdrawal application shall not affect October 30, 1992), (CUPCA), the District identified in the 1990 FS–FEIS for the administrative jurisdiction over the has adopted the Recommended Plan for Diamond Fork System, and the lands, and the segregation shall not have the Diamond Fork Pipeline System as applicable provision of Reclamation’s the effect of authorizing any use of the described in the 1990 FS-FEIS, and 1990 ROD. Section VI, ‘‘Environmental lands by the Department of Agriculture. agrees to comply with the Commitments and Monitoring’’, of this environmental commitments, ROD summarizes the District’s Dated: March 22, 1995. constraints (e.g.—pipeline capacity and environmental commitments and M. William Weigand, diameter, annual transbasin diversion, obligations. State Office Unit Leader for Realty Unit. and other operational conditions), and On December 19, 1994, the [FR Doc. 95–8019 Filed 3–30–95; 8:45 am] recommendations as described in the Department approved the District’s BILLING CODE 4310±GG±M 1984 Final Environmental Impact Preconstruction report and documented Statement (1984 FEIS) and the 1990 FS- again the District’s obligations and FEIS, and the January 5, 1995, environmental commitments, copy 16660 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices attached. The approval of the water, as well as existing high irrigation for a period of at least 5 years after Preconstruction Report and this ROD flows, from the lower Diamond Fork completion of the project. fulfills the final prerequisites contained stream channel. The pipeline would B. Environmental Requirements of the in the August 11, 1993, Cost Sharing provide considerable enhancement of Central Utah Project Completion Act Agreement required prior to initiation of the Diamond Fork fishery. Under project construction of the Diamond Fork conditions, the highest average monthly The CUPCA and the documents Pipeline System. flow below Monks Hollow Reservoir executed pursuant to that Act (the two August 11, 1993, Agreements and the IV. Decision would be 183 cfs. This compares to 294 cfs without the project. The lowest November 28, 1994, D&MC contract) set The Department’s decision is to average monthly flow for the minimum forth the District’s additional approve the District proceeding with the year with the project is 5 cfs, as environmental requirements. construction of the Diamond Fork compared to 3 cfs without the project. Among the areas of concern are Pipeline, Access Road, and Appurtenant Construction access will be provided by minimum flow requirements. It is facilities. the existing Diamond Fork Road, which anticipated that the Strawberry Valley Project would continue to operate as it V. Recommended Plan extends from U.S. Highway 6–89 at the mouth of the canyon northeast along the does now. Under the M&I System plan, The Recommended Plan for the Diamond Fork stream channel. In many Reclamation stipulated that Bonneville system would facilitate the transbasin areas the Diamond Fork Pipeline will be Unit water conveyed through the diversion of an annual average of located in the shoulder of the road. Diamond Fork drainage would be 101,900 acre-feet of Bonneville Unit Consequently, in conjunction with the limited to 30,000 acre-feet annually water and 61,500 acre-feet of Strawberry pipeline construction, about 7 miles of until the Diamond Fork Power System Valley Project water from the Uinta is in place. This limited delivery would Basin to the Bonneville Basin. the road will be improved to a 24-foot- wide asphalt-surfaced road. take place during the off-peak and Additionally, the system would nonirrigation seasons and flows would provide recreation and fishery benefits, VI. Environmental Commitments and be limited so as to not degrade the wildlife mitigation measures, flood and Monitoring stream channels. water quality control, and potential Title III of the CUPCA requires that A. Environmental Commitments in the hydroelectric power generation. The minimum flows be maintained in the 1990 FS–FEIS transbasin diversion (reduced by 37,900 Diamond Fork stream between Monks acre-feet from the recommended plan in A list of the major environmental Hollow Dam and the confluence with the 1984 FEIS) would fulfill the commitments made for the Diamond the Spanish Fork River. These required Instream Flow Agreement of 1980, the Fork Pipeline System is documented on flows are 80 cubic-feet per second from goal of which was to mitigate up to 50 pages 195–196 of the 1990 FS–FEIS. In May through September and 60 cubic- percent of the fishery impact caused by the District’s Preconstruction Report, feet per second from October through the Bonneville Unit on streams in the the District committed to comply with April. Uinta Basin. The remaining 50 percent all the environmental commitments The CUPCA also authorizes funds for would be accomplished through the associated with the construction of the fish habitat restoration and Aquatic Mitigation Plan developed for Diamond Fork Pipeline System. This improvements in the Diamond Fork the Bonneville Unit. This plan was includes the following environmental River and Sixth Water Creek drainage. finalized in December 1988. commitments: Under the CUPCA, the Utah Under the Recommended Plan, the 1. A total capacity of 510 cfs will be Reclamation Mitigation and Diamond Fork Pipeline System would included in the Diamond Fork Pipeline Conservation Commission has receive water from Strawberry Reservoir for the purpose of removing project responsibility for administering the through the already completed Syar water, as well as existing high irrigation mitigation and conservation funds Tunnel. From the tunnel outlet, water flows, from the lower Diamond Fork to available under the Act. would enter Sixth Water Aqueduct, mitigate potential project impacts and which would include Sixth Water C. Endangered Species—Conservation provide enhancement to the fishery Recommendations Pipeline, Sixth Water Shaft, and Sixth resource. Water Tunnel, all of which have been As part of its environmental completed. Water from the aqueduct 2. Public fishing access will be compliance for the 1990 FS–FEIS, would be discharged into Sixth Water acquired in the lower 2 miles of Reclamation determined that the Creek and subsequently enter the Diamond Fork. construction and operation of the proposed Monks Hollow Reservoir. 3. A General Plan will be prepared by Diamond Fork System would not affect From the reservoir, a portion of the the District and approved by the any listed nor candidate species water would enter the proposed Department and the managing agency identified under the Endangered Diamond Fork Pipeline and be for the mitigation measures involving Species Act. The U.S. Fish & Wildlife conveyed to a proposed bifurcation land transfers to other agencies. Specific Service (Service) concurred in the no structure near the confluence of wildlife management plans will be effect determination. Since the filing of Diamond Fork and the Spanish Fork prepared by the managing agencies for the FS–FEIS, a plant known as Ute River. Monks Hollow Reservoir releases each management area. The General ladies’-tresses orchid (Spiranthes not conveyed in the Diamond Fork Plan and the specific wildlife diluvialis) has been added to the Pipeline would enter the Diamond Fork management plans will be approved by endangered species list as a threatened stream channel below Monks Hollow the Department and the Fish and species. Consequently, the District Dam and subsequently, the Spanish Wildlife Service before mitigation lands entered into Section 7 consultation with Fork River. are developed or transferred to another the Service and submitted a Biological The Diamond Fork Pipeline, with a agency for management. Assessment to the Service for their capacity of 510 cubic feet per second 4. The District will continue determination of effect. The Service’s (cfs), is included in the Recommended monitoring the nesting activity of January 5, 1995, Biological Opinion Plan for the purpose of removing project golden eagles in the Diamond Fork area concludes that: (1) the water depletion Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16661 associated with construction of the a. Selected plants will be transplanted back the United States. On November 29, Diamond Fork Pipeline System is 100 into the areas from which they were taken 1994, the Department of the Interior’s acre-feet or less, and sufficient progress when the sites have been rehabilitated and Program Director submitted the has been attained by the Recovery appropriate conditions created to ensure Diamond Fork 1984 FEIS and 1990 FS– successful reestablishment. Implementation Program to avoid the b. Selected plants will be maintained in the FEIS to the Chairman of the U.S. Senate likelihood of jeopardy to the Colorado holding facility, and serve as propagation Appropriations Subcommittee on River endangered fish species; and (2) stock as determined desirable, for future Energy and Water Development and the the construction of the pipeline and reintroduction to other areas in the Diamond U.S. House of Representatives access road will affect, but is not likely Fork drainage or along the Wasatch Front. Appropriations Subcommittee on to jeopardize the continued existence of This will ensure that there is a source of Energy and Water Development to the Ute ladies’-tresses orchid. The genetically compatible individuals to ensure the project is in full compliance Service made six conservation augment or replace populations that may be with Section 404(r) of the Clean Water impacted by the construction and operation Act, copies attached. The construction recommendations pursuant to Section of the Diamond Fork System on Diamond 7(a)(1) of the Endangered Species Act. Fork and Spanish Fork drainage or Utah Lake contract will not be awarded and no Conservation recommendations are caused by operation of the Diamond Fork actual discharge of dredged or fill discretionary agency activities to System. material in connection with the minimize or avoid adverse effects of a c. Plants selected by the Service would be construction of the Diamond Fork proposed action on listed species or available to researchers for conducting Pipeline System will occur until fiscal critical habitat, to help implement approved life history research. year 1996 funds are appropriated by the recovery plans, or to develop 5. After the identified plants have been Congress. information. In their January 5, 1995, removed from the impact area, surface substrates (top 6–12 inches) should be E. Environmental Commitment Plan letter to the Service, copy enclosed, and scraped off and stockpiled. Following The District will prepare a detailed in their January 19, 1995, letter to the construction, site rehabilitation activities Program Director, copy enclosed, the project Environmental Commitment should include replacing the removed Plan, documenting all mitigation District agreed to implement the surface materials. To the extent possible, following Conservation compaction and contamination of surface measures and environmental Recommendations included in the soils with undesirable plant species or other commitments made in the 1984 FEIS January 5, 1995, Biological Opinion. materials should be avoided. and the 1990 FS–FEIS prior to the Those conservation recommendations 6. The District should prepare and award of the construction contract of the are stated verbatim as follows: implement a monitoring plan in consultation Diamond Fork Pipeline System. The with, and acceptable to, the Service and the Environmental Commitment Plan will 1. The District should prepare an Forest Service. The monitoring plan should be developed during the final design Environmental Commitment Checklist (ECC) be for a minimum of 10 years and have the and implemented during construction, detailing requirements for construction following objectives: methods and associated activities that are and operation of the Recommended a. Document the presence and vigor of Plan. designed to avoid or minimize environmental orchid individuals transplanted back into impacts of the construction project, including disturbed sites. FOR FURTHER INFORMATION: Additional impacts to the Ute ladies’-tresses orchid. For b. Determine the presence and number of information on matters related to this example, the ECC should specify new individuals that appear on disturbed Federal Register notice can be obtained requirements that will prevent impacts to the sites. at the address and telephone number set orchid outside of the construction area; c. Document hydrologic conditions, forth below: Mr. Reed Murray, Program establish the minimum necessary boundaries principally soil moisture and depth to of the construction zone; and, provide a Coordinator, CUP Completion Act groundwater, seasonally in disturbed sites. Office, Department of the Interior, 302 qualified individual to monitor construction d. Monitor the presence of undesirable activity during stream crossings and at any East 1860 South, Provo UT 84606–6154, plant species and effects of management other sensitive locations identified by the activities for their control. Telephone: (801) 379–1237. Service. The ECC should be prepared in e. Over the 10 year monitoring period, Dated: March 30, 1995. consultation with cooperating environmental document major changes in plant community oversight agencies, including the Service. Ronald Johnston, The Service recommends that the District composition, with particular focus on CUP Program Director, Department of the provide this document for Service review detecting and documenting changes from a Interior. wetland riparian community to a drier, and approval prior to initiation of [FR Doc. 95–7995 Filed 3–30–95; 8:45 am] construction. upland riparian community. BILLING CODE 4310±RK±P 2. The District should prepare a site D. Environmental Permits rehabilitation/revegetation plan in consultation with, and acceptable to, both the Several water quality permits must be Service and the Forest Service. The plan obtained prior to construction of the Office of the Secretary should include specifications for undesirable Diamond Fork Pipeline, Access Road, plant species monitoring and management. Exxon Valdez Oil Spill Public Advisory and Appurtenant facilities. The Clean Group; Meeting 3. The District should conduct surveys for Water Act of 1977 (P.L. 95–217) requires the Ute ladies’-tresses orchid in areas to be that Section 402 permits be obtained AGENCY: Department of the Interior, disturbed during the flowering season immediately prior to construction. Plants from Utah Department of Environmental Office of the Secretary. should be counted and flagged. Quality through authority granted by the ACTION: Notice of meeting. 4. The District should provide funds for the Environmental Protection Agency for removal, holding, and transplanting of plants the discharge of any wastewater or SUMMARY: The Department of the that will be impacted by construction. Plants process water. Section 404(r) of P.L. 95– Interior, Office of the Secretary is should be transplanted to a holding facility 217 contains provisions to exempt, in announcing a public meeting of the approved by the Service, such as the Red certain instances, congressionally Exxon Valdez Oil Spill Public Advisory Butte Garden and Arboretum of the Group. University of Utah. Plants should be authorized Federal projects from having maintained there until the following to obtain a Section 404 Permit from the DATES: April 20–21, 1995, at 8:30 a.m. activities occur under the direction of the Army Corps of Engineers for discharge ADDRESSES: First floor conference room, Service: of dredged or fill material into waters of 645 ‘‘G’’ Street, Anchorage, Alaska. 16662 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices FOR FURTHER INFORMATION CONTACT: the MMS Production Accounting and period. Comments received in this Douglas Mutter, Department of the Auditing System. manner must include the commentor’s Interior, Office of Environmental Policy Bureau Form Number: MMS–2014. name in order to be included in the and Compliance, 1689 ‘‘C’’ Street, Suite Frequency: Monthly. official record. Address and affiliation 119, Anchorage, Alaska, (907) 271– Description of Respondents: are optional. Comments will be limited 5011. Companies producing and processing to 15 minutes per call. minerals from Federal onshore or SUPPLEMENTARY INFORMATION: The ADDRESSES: Written comments on the offshore leases, and from Indian leases. DEIS and requests for copies should be Public Advisory Group was created by Estimated Completion Time: 3 or 7 Paragraph V.A.4 of the Memorandum of addressed to: Mr. Ronald J. Schuster (D– minutes per reported line. 5010), Westwide Settlement Manager, Agreement and Consent Decree entered Annual Responses: 2,000. into the United States of America and Annual Burden Hours: 240,600. Bureau of Reclamation, PO Box 25007, the State of Alaska on August 27, 1991, Bureau Clearance Officer: Arthur Denver CO 80225. Requests for copies and approved by the United States Quintana 703–787–1101. may also be made over the telephone at District Court for the District of Alaska (303) 236–1061 extension 237. in settlement of United States of Dated: March 1, 1995. Copies of the DEIS are available for America v. State of Alaska, Civil Action James W. Shaw, inspection at the address above and also No. A91–081 CV. The agenda will Associate Director for Royalty Management. at the following locations: • include the review of small-parcel [FR Doc. 95–7996 Filed 3–30–95; 8:45 am] Office of the Commissioner, Bureau habitat protection efforts and a BILLING CODE 4310±MR±M of Reclamation, Room 7612, 1849 C Street, NW, Washington DC 20240 discussion of long-range restoration • planning. Reclamation Service Center, Bureau Bureau of Reclamation of Reclamation, Library, Room 167, Dated: March 27, 1995. Building 67, Denver Federal Center, Willie R. Taylor, Draft Environmental Impact Statement Denver CO 80225 Director, Office of Environmental Policy and for Proposed Acreage Limitation and • Pacific Northwest Regional Office, Compliance. Water Conservation Rules and Bureau of Reclamation, Room 214, 1150 [FR Doc. 95–7943 Filed 3–30–95; 8:45 am] Regulations North Curtis Road, Boise ID 83706 BILLING CODE 4310±RG±M • Mid-Pacific Regional Office, Bureau AGENCY: Bureau of Reclamation, of Reclamation, Library, Room W–1522, Interior. 2800 Cottage Way, Sacramento CA Minerals Management Service ACTION: Notice of availability on the 95825 draft environmental impact statement; • Lower Colorado Regional Office, Information Collection Submitted to INT–DES–95–13. Bureau of Reclamation, Library, Room the Office of Management and Budget M117, Nevada Highway and Park Street, SUMMARY: In response to a September for Review Under the Paperwork Boulder City NV 89005 Reduction Act 1993 contract for settlement of a lawsuit • Upper Colorado Regional Office, filed by the Natural Resources Defense Bureau of Reclamation, Library, Room The collection of information listed Council, National Wildlife Federation, 7101, 125 South State Street, Salt Lake below has been submitted to the Office California Natural Resources Federation, City UT 84147 of Management and Budget (OMB) for California Association of Family • Great Plains Regional Office, reapproval under the provisions of the Farmers, California Action Network, Bureau of Reclamation, Library, Room Paperwork Reduction Act (44 U.S.C. League of Rural Voters, Inc., and County 2037, Federal Office Building, 316 Chapter 35). Copies of the proposed of Trinity, California (hereinafter NRDC North 26th Street, Billings MT 59101 information collection and related forms et al.); and pursuant to the National may be obtained by contacting Dennis Environmental Policy Act of 1969, as Libraries Jones at 303–231–3046. Comments and amended, the Bureau of Reclamation Arizona suggestions on this information (Reclamation) has prepared a draft Arizona Department of Water Resources collection should be made directly to environmental impact statement (DEIS) Library, Phoenix the Bureau Clearance officer at the on proposed acreage limitation and Arizona State Library, Department of Library, telephone number listed below and to water conservation rules and regulations Archives and Public Records, Phoenix the OMB, Paperwork Reduction Project for implementing the Reclamation Arizona State Regional Library for the Blind (1010–0022), Washington, D.C. 20503, Reform Act of 1982 (RRA), as amended, and Physically Handicapped, Phoenix Arizona State University, Noble Science and telephone 202–395–7340. throughout the 17 Western States. Engineering Library, Tempe Title: Report of Sales and Royalty The purpose of the DEIS is to evaluate Arizona State University, Hayden Library, Remittance. potential impacts associated with the Tempe OMB Approval Number: 1010–0022. proposed rules and alternatives. As Flagstaff City-Coconino County Public Abstract: The Report of Sales and such, the DEIS presents an evaluation of Library, Flagstaff Royalty Remittance is submitted by five alternatives, including no action. Maricopa County Library, Phoenix those individual and companies This is accomplished at a programmatic Mesa Public Library, Mesa level and provides the required Northern Arizona University, Cline Library, producing minerals from leased Indian Flagstaff lands or from leased Federal onshore or environmental documentation for Phoenix Public Library, Phoenix offshore lands. Respondents report implementation of the RRA on a Scottsdale Public Library, Scottsdale monthly the sales and royalties of oil, Westwide basis. Tempe Public Library, Tempe gas, and solid minerals taken from DATES: Written comments on the DEIS Tucson Pima Library, Tucson Federal and Indian lands. The Minerals should be submitted to the Bureau of University of Arizona Library, Tucson Management Service (MMS) uses the Reclamation by May 31, 1995. A Yuma County Library District, Yuma data to monitor royalties received, for recorded toll-free number (1–800–861– California audits, and to compare reported sales 5443) will be available to make oral Bay Area Library and Information System, data with production data reported in comments during the public review Oakland Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16663 California State Library, Sacramento Washoe County Library, Reno Other States California State University, Hayward Library, New Mexico District of Columbia Public Library, Hayward Albuquerque Public Library, Albuquerque Washington DC California State University, University Library of Congress, Washington DC New Mexico State Library, Santa Fe Library, Los Angeles Library Program Service, Government New Mexico State Library, Las Cruces California State University Library, Printing Office, Washington DC University of New Mexico, Albuquerque Sacramento New York State Library, Albany, New York Colorado River Board of California Library, North Dakota New York Public Library, New York, New Glendale Bismarck Public Library, Bismarck York Environmental Protection Agency, Region IX Research Libraries, New York, New York Library, San Francisco Fargo Public Library, Fargo Fresno County Free Library, Fresno North Dakota State University, Fargo FOR FURTHER INFORMATION CONTACT: Mr. Fresno State University Library, Fresno Minot Public Library, Minot Ronald J. Schuster (D–5010), Westwide Kern County Library, Bakersfield Oklahoma Settlement Manager, Bureau of Los Angeles Public Library, Los Angeles Metropolitan Library System in Oklahoma Reclamation, Denver Office, PO Box Los Angeles Public Library, Water and Power County Area, Oklahoma City 25007, Denver CO 80225; telephone: Section, Los Angeles Oklahoma Department of Libraries, (303) 236–9336 ext 237. Sacramento Public Library, Sacramento Oklahoma City SUPPLEMENTARY INFORMATION: San Francisco Public Library, San Francisco The Oklahoma State University, Edmon Low Reclamation Act of 1902 established a Stanford University Libraries, Stanford Library, Stillwater University of California Water Resources Federal program for irrigation project University of Oklahoma, University Libraries, Center Library, Berkeley construction and financing to create Norman University of California, General Library, farming opportunities and thereby Berkeley Oregon encourage the economic development of University of California, University Research Oregon Institute of Technology, Klamath the arid West. In recognition of Library, Los Angeles Falls organizational, economic, and University of California, Shields Library, Portland State University, Millar Library, technological changes in farming that Davis Portland occurred since 1902, the Reclamation University of Southern California, Doheny University of Oregon Library, Eugene Memorial Library, Los Angeles Reform Act of 1982 (RRA), Title II, South Dakota Public Law 97–293 (96 Stat. 1263), was Colorado Rapid City Public Library, Rapid City signed into law on October 12, 1982. Colorado State University Libraries, Fort Sioux Falls Public Library, Sioux Falls The RRA revised the threshold of acres Collins South Dakota State Library, Pierre upon which a landowner could receive Denver Central Library, Denver Texas Reclamation irrigation water. RRA University of Colorado at Boulder, Norlin provisions established how much land Library, Boulder Amarillo Public Library, Amarillo University of Denver, Penrose Library, Dallas Public Library, Dallas upon which a landowner could receive Denver El Paso Public Library, El Paso Reclamation irrigation water, U.S. Air Force Academy, Academy Library, Harris County Public Library, Houston established reporting requirements and Colorado Springs Texas State Library, Austin water conservation planning, and set Grand Junction Public Library, Grand Texas Technical University Library, Lubbock specific criteria for the price at which an Junction Utah individual or legal entity could receive Idaho Brigham Young University, Harold B. Lee Reclamation water. Amendments to the University of Idaho Library, Moscow Library, Provo RRA were included in the Omnibus Ada Community Library, Boise Cedar City Public Library, Cedar City Budget Reconciliation Act of December Idaho State Library, Boise Salt Lake City Public Library, Salt Lake City 22, 1987 (Reconciliation Act), Title V, Pocatello Public Library, Pocatello Salt Lake County Library System, Salt Lake Public Law 100–203 (101 Stat. 1330). Kansas City Rules and regulations for Southern Utah State University Library, implementing the RRA, initially University of Kansas, Lawrence Cedar City Kansas State Library, Topeka becoming effective on January 5, 1984, University of Utah, Marriott Library, Salt were amended in 1987, 1988, and 1991. Topeka and Shawnee County Public Library, Lake City Topeka Environmental assessments and Utah State University, Merrill Library, Logan associated supplements were prepared Montana Utah State Library, Salt Lake City in 1983, 1987, and 1988 that resulted in University of Montana, Maurene and Mike Washington County Library, St. George Mansfield Library, Missoula Weber State University, Stewart Library, ‘‘Findings of No Significant Impact’’ Billings Gazette Library, Billings Ogden from implementation of the proposed Parmly Billings Library, Billings Washington rules and regulations. Missoula Public Library, Missoula A lawsuit was filed by NRDC et al., King County Library System, Seattle Nebraska challenging in part the inadequacy of Seattle Public Library, Seattle the environmental documentation Spokane Public Library, Spokane, University of Nebraska, D.L. Love Memorial prepared for the 1987 and 1988 Library, Lincoln Washington Lincoln City Library, Lincoln University of Washington Libraries, Allen amendments to the rules. In September North Platte Public Library, North Platte Library, Seattle 1993, NRDC et al., the Department of Omaha Public Library, Omaha Washington State Library, Olympia Justice, and the Department of the Nevada Yakima Valley Regional Library, Yakima Interior entered into a contract for the Wyoming settlement of the lawsuit. Reclamation Boulder City Library, Boulder City agreed to comprehensively reexamine Carson City Library, Carson City Laramie County Library System, Cheyenne Clark County Library District, Las Vegas Rock Springs Public Library, Rock Springs implementation of the RRA and existing Nevada State Library, Carson City University of Wyoming, Coe Library, Laramie regulations, possibly resulting in the University of Nevada, Reno Library, Reno Western Wyoming Community College, Rock adoption of revised regulations University of Nevada at Las Vegas, James Springs implementing RRA requirements on a Dickinson Library, Las Vegas Wyoming State Library, Cheyenne Westwide basis. 16664 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices The DEIS presents impact analyses of Dico, Inc., (State of Incorporation: Iowa) By the Commission, Chairman McDonald, five alternatives, including no action, Dico, Inc., (State of Incorporation: Vice Chairman Morgan, and Commissioners that encompass varying levels of Wisconsin) Simmons and Owen. regulation necessary to implement the Dico, Inc., (State of Incorporation: Vernon A. Williams, RRA as it currently exists. A Proposed Georgia) Secretary Rule Alternative reflects potential Dico, Inc., (State of Incorporation: [FR Doc. 95–7925 Filed 3–30–95; 8:45 am] impacts associated with implementing Georgia) BILLING CODE 7035±01±P the proposed rules and regulations. Dico, Inc., (State of Incorporation: Because the DEIS is programmatic, California) alternatives were not quantitatively [Finance Docket No. 32676] analyzed. Specific assumptions were Dico, Inc., (State of Incorporation: Texas) made to estimate changes to lands, soils, Great Walton Railroad Company, Inc. drainage, water, water quality, Dico, Inc., (State of Incorporation: d/b/a Hartwell Railroad CompanyÐ biological, socioeconomic, recreation, Florida) Trackage Rights ExemptionÐHartwell and cultural resources resulting from Dico Tire, (State of Incorporation: Railroad Company specific rule changes. While the Tennessee) significance of these impacts on a Nieman’s, Ltd., (State of Incorporation: Hartwell Railroad Company (HRC) Westwide basis is small, localized Iowa) has agreed to grant 48.3 miles of local impacts could be significant. Future Nieman’s of Elkhart, (State of and bridge trackage rights to Great site-specific actions resulting from any Incorporation: Indiana) Walton Railroad Company, Inc. d/b/a Hartwell Railroad Company (GWRC), acreage limitation or water conservation Nieman’s of Idaho, (State of over the Toccoa-Elberton Line (Toccoa provisions will be subject to all Incorporation: Idaho) Line) in Elbert, Franklin, Hart, and applicable Federal laws, including the TD Wheel Company, (State of National Environmental Policy Act. Stephens Counties, GA.1 The trackage Incorporation: Virginia) rights are between milepost P 0.5 at Dated: March 17, 1995. Desert Wheel Corporation, (State of Toccoa and milepost P 24.5 at J. Austin Burke, Incorporation: Nevada) Bowersville, where there is a connection Director, Operations. Tractech, (State of Incorporation: to GWRC’s tracks, and from there to a [FR Doc. 95–7864 Filed 3–30–95; 8:45 am] Michigan) connection at milepost P 48.8 at BILLING CODE 4310±94±P Automation International, (State of Elberton. Incorporation: Illinois) The transaction was to be Automotive Wheels, (State of consummated on March 22, 1995. INTERSTATE COMMERCE Incorporation: California) This notice is filed under 49 CFR COMMISSION Vernon A. Williams, 1180.2(d)(7). If the notice contains false or misleading information, the Notice of Intent To Engage in Secretary. [FR Doc. 95–7924 Filed 3–30–95; 8:45 am] exemption is void ab initio. Petitions to Compensated Intercorporate Hauling revoke the exemption under 49 U.S.C. BILLING CODE 7035±01±M Operations 10505(d) may be filed at any time. The This is to provide notice as required filing of a petition to revoke will not automatically stay the transaction. by 49 U.S.C. 10524(b)(1) that the named [Ex Parte No. 388 (Sub-No. 2)] corporations intend to provide or use Pleadings must be filed with the Commission and served on: William A. compensated intercorporate hauling Intrastate Rail Rate AuthorityÐ Mullins, Troutman Sanders, 601 operations as authorized in 49 U.S.C. Arkansas 10524(b). Pennsylvania Ave., NW., Washington, A. 1. Parent corporation and address AGENCY: Interstate Commerce DC 20004. of principal office: Fieldcrest Cannon, Commission. As a condition to the use of this exemption, any employees adversely Inc., 326 East Stadium Drive, Eden, ACTION: Notice of recertification. North Carolina 27288. affected by the trackage rights will be protected under Norfolk and Western 2. Wholly-owned subsidiaries which SUMMARY: Pursuant to 49 U.S.C. Ry. Co.—Trackage Rights—BN, 354 will participate in the operations, and 11501(b), the Commission recertifies the I.C.C. 605 (1978), as modified in State of incorporation: Fieldcrest State of Arkansas to regulate intrastate Mendocino Coast Ry., Inc.—Lease and Cannon Transportation, Inc., A rail rates, classifications, rules, and Operate, 360 I.C.C. 653 (1980). Delaware Corporation. practices for a 5-year period. The B. 1. Parent corporation and address recertification applies retroactively to Decided: March 24, 1995. of principal office: Titan Wheel December 14, 1994, the date when By the Commission, David M. Konschnik, International, Inc., 2701 Spruce Street, Arkansas’ certification was scheduled to Director, Office of Proceedings. Quincy, IL 62301. expire. Vernon A. Williams, 2. Wholly owned subsidiaries which DATES: The effective date of the Secretary. will participate in the operations, and Commission decision is April 30, 1995. [FR Doc. 95–7926 Filed 3–30–95; 8:45 am] State(s) of incorporation: The recertification is retroactive to BILLING CODE 7035±01±P Titan Wheel International, (State of December 15, 1994, and will expire on Incorporation: Illinois). January 12, 2005. 1 HRC, a noncarrier, simultaneously filed a notice Titan Tire Corporation, (State of of exemption to acquire and operate the Toccoa Incorporation: Iowa). FOR FURTHER INFORMATION CONTACT: Line in Hartwell Railroad Company—Acquisition Titan Wheel Walcott, (State of Elaine Sehrt-Green, (202) 927–5269 or and Operation Exemption—Line of Norfolk Incorporation: Iowa). Beryl Gordon, (202) 927–5610. [TDD for Southern Railway Company, Finance Docket No. hearing impaired: (202) 927–5721.] 32675. The trackage rights agreement was necessary Titan Wheel Greenwood, (State of because HRC assertedly will not be prepared to Incorporation: South Carolina). Decided: March 22, 1995. provide immediate service to the line’s shippers. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16665 [Finance Docket No. 32675] ACTION: Notice of program charged with or have committed announcement. offenses that would not be criminal if Hartwell Railroad CompanyÐ committed by an adult, (2) they are Acquisition and Operation SUMMARY: Notice is hereby given that charged with or have committed ExemptionÐLine of Norfolk Southern the Office of Juvenile Justice and offenses which do not constitute Railway Company Delinquency Prevention (OJJDP), violations of valid court orders or pursuant to the provisions of section Federal or State law prohibiting the Hartwell Railroad Company (HRC), a 223(d) of the Juvenile Justice and noncarrier, has filed a notice of possession of a handgun, or (3) they are Delinquency Prevention Act of 1974, as non-offenders such as dependent or exemption to acquire and operate amended, 42 U.S.C. 5601 et seq., approximately 48.3-miles of rail line, neglected children; (hereinafter the JJDP Act), is issuing a 2. Section 223(a)(13), which provides the Toccoa Line, owned by Norfolk program announcement and solicitation Southern Railway Company.2 The line that juveniles alleged or found to be for applications from local public and delinquent, status offenders, and non- extends from milepost P 0.5, near private nonprofit agencies in the State of offenders shall not be detained or Toccoa, to milepost P 48.80, near Wyoming. The State is not eligible to confined in any institution in which Elberton, in Elbert, Franklin, Hart, and receive its fiscal years 1993 and 1994 they have contact with adults convicted Stephens Counties, GA. The proposed Formula Grants Program allocations of a crime or awaiting trial on criminal transaction is to be consummated after under Part B of Title II of the JJDP Act. charges; the effective date of the notice of Eligible applicants for this competitive 3. Section 223(a)(14), which provides exemption and will result in HRC program are limited to local public and 3 that no juvenile shall be detained or becoming a class III carrier. private nonprofit agencies providing confined in any jail or lockup for adults, Any comments must be filed with the services or currently operating in the except criminal-type juvenile offenders Commission and served on: William A. State. Such agencies are eligible to awaiting an initial court appearance Mullins, Troutman Sanders, 601 receive funds to be expended over a two Pennsylvania Ave., N.W., Washington, year period. Multiple grants will be pursuant to an enforceable State law DC 20004. made available in amounts ranging from requiring such appearance within 24 This notice is filed under 49 CFR $100,000 to $471,829 per applicant of a hours after being taken into custody 1150.31. If the notice contains false or total of $943,658 in fiscal year 1993 and (excluding weekends and holidays) misleading information, the exemption 1994 Formula Grant funds that have provided that such exceptions are is void ab initio. Petitions to revoke the been reallocated for award under this limited to areas which: exemption under 49 U.S.C. 10505(d) nonparticipating state program. a. Are outside a Metropolitan Statistical may be filed at any time. The filing of DATES: Applications under this program Area, a petition to revoke will not are due May 1, 1995. b. Have no existing acceptable automatically stay the transaction. alternative placements available, ADDRESSES: State Relations and Decided: March 24, 1995. Assistance Division, Office of Juvenile c. Provide for the sight and sound By the Commission, David M. Konschnik, Justice and Delinquency Prevention, separation of juveniles and Director, Office of Proceedings. United States Department of Justice, 633 incarcerated adults; and Vernon A. Williams, Indiana Avenue NW., Washington, DC 4. Section 223(a)(23), which provides Secretary. 20531. that States must address efforts to [FR Doc. 95–7927 Filed 3–30–95; 8:45 am] FOR FURTHER INFORMATION CONTACT: For reduce the proportion of juveniles BILLING CODE 7035±01±P further information contact Mark A. detained or confined in secure facilities Roscoe, State Representative, State who are members of a minority group if Relations and Assistance Division, such proportion exceeds the proportion DEPARTMENT OF JUSTICE Office of Juvenile Justice and such groups represent in the general Delinquency Prevention, 633 Indiana population. Office of Juvenile Justice and Avenue, NW., Washington, DC 20531, B. Definitions of Terms Delinquency Prevention (202) 307–5924. 1. Adult jail. A locked facility [OJP (OJJDP) No. 1047] SUPPLEMENTARY INFORMATION: administered, by State, county, or local ZRIN: 1121±ZA10 I. Introduction and Background law enforcement and public or private correctional agencies. The purpose of Program Announcement, A. Legislation such facility is to detain adults charged ``Nonparticipating State Program, Pursuant to section 223(d) of the JJDP with violating criminal law pending Wyoming'' Act, the OJJDP Administrator must trial. Facilities used to hold convicted AGENCY: Department of Justice, Office of endeavor to make the Formula Grants adult criminal offenders, usually Justice Programs, Office of Juvenile Program fund allotment, under section sentenced for less than one year, are Justice and Delinquency Prevention. 222(a) of the JJDP Act, to a State which also considered adult jails. is ineligible to participate in the 2. Adult lockup. Similar to an adult 2 In a concurrently filed notice of exemption, Formula Grants Program available to jail except that an adult lockup is Great Walton Railroad Company, Inc. d/b/a local public and private nonprofit generally a municipal or police facility Hartwell Railroad Company—Trackage Rights agencies within the nonparticipating of a temporary nature which does not Exemption—Hartwell Railroad Company, Finance State. The funds may be used solely for hold persons after they have been Docket No. 32676, HRC agrees to grant local and overhead trackage rights over the Toccoa Line to the purpose(s) of achieving compliance formally charged. Great Walton Railroad Company, Inc., an with the following JJDP Act core State 3. Criminal-type offender. A juvenile unaffiliated carrier, because HRC assertedly will not plan requirements: offender who has been adjudicated for be prepared to provide immediate service to the 1. Section 223(a)(12)(A), which conduct which would, under the law of line’s shippers. 3 Under 49 CFR 1150.32(b), the notice of provides that juveniles shall not be the jurisdiction in which the offense exemption is effective 7 days after it is filed. The placed in secure detention or was committed, be a crime if committed notice was filed on March 15, 1995. correctional facilities if (1) they are by an adult. 16666 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 4. Accused juvenile offender. A 23), or a plan or application submitted jurisdictions are using secure facilities juvenile on whom a petition has been pursuant to Part B of Title II of the JJDP inappropriately for a number of reasons: filed in the juvenile court or other Act. 1. A lack of coordination and action has occurred alleging that such 13. Secure. As used to define a cooperation among juvenile justice juvenile is a juvenile offender, (i.e., a detention or correctional facility this system agencies including schools, law criminal-type offender or a status term describes residential facilities enforcement, prosecution, the judiciary, offender), but no final adjudication has which include construction fixtures corrections, public and private service been made by the juvenile court. designed to physically restrict the providers, and local public interest 5. Adjudicated juvenile offender. A movements and activities of persons in groups, which contributes to the juvenile who the juvenile court has custody such as locked rooms and inappropriate placement of juveniles in determined through an adjudicative buildings, fences, or other physical jails and lockups. procedure is a juvenile offender, (i.e., a structures. It does not include facilities 2. A lack of public awareness and criminal-type offender or a status where physical restriction of movement policies regarding the issues of juveniles offender). or activity is provided solely through in jails and lockups, and the secure 6. Facility. A place, an institution, a facility staff. confinement of status offenders and building or part thereof, a set of 14. Status offender. A juvenile nonoffenders; buildings or an area, whether or not offender who has been charged with or 3. The lack of a flexible network of enclosing a building or set of buildings, adjudicated for conduct which would services and programs that is responsive that is used for the lawful custody and not, under the law of the jurisdiction in to local jurisdiction’s needs and treatment of juveniles and that may be which the offense was committed, be a capabilities and focused upon owned and/or operated by public and crime if committed by an adult. jurisdictions with the most difficult private agencies. 15. Valid Court Order. The term barriers to overcome; and 7. Juvenile offender. An individual means a court order given by a juvenile 4. The lack of alternative services within a juvenile court’s jurisdiction for court judge to a juvenile who was which can be sustained over time with purposes of adjudication and treatment brought before the court and made local resources, inclusive but not based on age and offense limitations as subject to a court order; who received, limited to: defined by State law (i.e., a criminal- before the issuance of such order, the a. Supervision of juveniles in secure type offender or a status offender). full due process rights guaranteed to facilities that conforms to the 8. Lawful custody. The exercise of such juvenile by the Constitution of the requirements set forth in the Formula care, supervision and control over a United States; and with respect to Grants Regulation, 28 CFR part 31, as juvenile offender or non-offender whom an appropriate public agency, revised through March 10, 1995 (60 FR pursuant to the provisions of the law, a before the issuance of such order— 13330–13340). judicial order or decree. (i) Reviewed the behavior of such b. Intensive supervision in a child’s 9. Local private nonprofit agency. A juvenile and the circumstances under home as a placement alternative. nonprofit organization that provides which such juvenile was brought before c. Emergency foster care, shelter care, services within an identifiable unit(s) or the court and made subject to such group care, and independent living a combination of units of general local order; arrangements. government, but which is not under (ii) Determined the reasons for the d. Crisis intervention services and public supervision or control. A behavior that caused such juvenile to be short-term residential crisis intervention nonprofit organization means an brought before the court and made programs that can be used for conflict organization described in section subject to such order; mediation, emergency holding, and 501(c)(3) of the Internal Revenue Code (iii) Determined that all dispositions provision of emergency attention for of 1986 that is exempt from taxation (including treatment), other than youth with physical or emotional under section 501(a) of the Internal placement in a secure detention facility problems. Revenue Code of 1986. or a secure correctional facility, have e. Objective intake criteria that are 10. Local public agency. Any unit of been exhausted or are clearly based upon a presumption of release, local government, combination of such inappropriate; and utilization of least restrictive units, or any department, agency, or (iv) Submitted to the court a written alternatives, protection of the right to instrumentality of any such unit or report stating the results of the review due process, and maintenance of a combination of such units. conducted under clause (i) and the child’s ties to the family and 11. Non-offender. A juvenile who is determinations made under clauses (ii) community. subject to the jurisdiction of the juvenile and (iii). f. Twenty-four (24) hour intake court—usually under abuse, The requirements for using this screening services. dependency, or neglect statues—for exception can be found in the Formula II. Program Goals and Objectives reasons other than legally prohibited Grants Regulation, 28 CFR 31.303(f), conduct of the juvenile. published in the Federal Register of Pursuant to section 223(d) of the Act, 12. Nonparticipating State. A State March 10, 1995. the goal of this program is to assist which chooses not to submit a plan, Wyoming in developing a range of fails to submit a plan, or submits a plan C. Problem to be Addressed secure and nonsecure alternatives and which does not meet the requirements Many Wyoming communities have revising associated policies to move the of section 223 of the JJDP Act and thus not been able to successfully address the State toward compliance with section is not participating in the Formula core requirements of the JJDP Act due to 223(a)(12)(A), the deinstitutionalization Grants Program authorized by Part B of State laws or local policies, lack of of status offenders and nonoffenders, Title II of the JJDP Act for a particular coordination, and/or a limited number section 223(a)(13), the separation of fiscal year; or a State found ineligible to of alternative resources available to juveniles from adults in adult jails and receive program funds because of failure communities. This situation has lockups, section 223(a)(14), the removal to achieve or maintain substantial resulted in among other things, the of juveniles from adult jails and compliance with the JJDP Act, its State’s ineligibility for JJDP Act Formula lockups, and section 223(a)(23), efforts implementing regulation (28 CFR part Grant Funds. Specifically, local to reduce disproportionate minority Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16667 confinement. To achieve these goals, Each applicant is expected to provide To be eligible for consideration, a and thus ensure a fair and effective an assessment of detention and statewide applicant must demonstrate system for juvenile custody, applicants incarceration legislation, policies, in the application that it has experience must address one or more of the procedures and practices, in the move in the following areas: following objectives: the State or jurisdiction that is the target A. An understanding of the intent of A. Enhancing systemwide of the proposed program. the statutory requirements of the JJDP coordination, cooperation and The strategy developed must support Act and the general approaches for concentration of existing and new statewide and/or local jurisdictions implementing the requirements on the resources to develop community efforts to coordinate, concentrate and local level. juvenile service systems that provide redirect resources to improve services B. Knowledge of and experience with viable alternatives to the use of adult for the care and custody of juveniles. juvenile justice systems; local jails, jails and lockups. Major activities of a statewide applicant lockups, and secure juvenile detention B. The development of a flexible might consist of: facilities; the specific problems, statewide network of services and a. Preparing RFP’s for local projects; strategies, and program alternatives placement options for juvenile offenders b. Reviewing applications, selecting necessary to achieve the objectives of and nonoffenders that will provide such finalists and making awards; this program; and strategy development juveniles with supervision and control, c. Convening project staff and and implementation. give them protection from victimization advisory committee members to review C. Capability to develop management and exploitation, and hold them strategy; and fiscal systems necessary for the accountable for their offenses. d. Providing training and technical proper administration of Federal funds. C. The development and assistance to projects supported under D. Capability to fulfill the activities implementation of objective intake the initiative; and responsibilities identified in the criteria and operational policies and e. Developing and implementing a Program Strategy Section of this procedures that are consistent with statewide public education program; announcement. nationally recognized standards and and E. Capability to work effectively with applicable to alleged juvenile offenders f. Developing and implementing an local and State elected public officials, and nonoffenders who are awaiting assessment of the effectiveness of the key decision makers in the juvenile court appearance. overall program. justice system and the boards of public D. An enhanced capacity for parents, and private youth service providers IV. Dollar Amount and Duration schools, police and other private and which exist within the State for the public youth serving agencies to address A. The project period for this program purpose of achieving the objectives of juvenile custody issues problems is two years from the date of award. this program. Recipients will be eligible for awards of without the use of jail and lockups. This VI. Program Application Requirements would include, where appropriate, the up to 50% of the total available funds, establishment of local juvenile planning or $471,829 of $943,658. Funds will be All applicants must submit a boards or commission to help ensure made available through a cooperative completed Standard Form 424, interagency, multidisciplinary planning agreement. Financial assistance Application for Federal Assistance; and monitoring for juvenile justice provided under this program requires Standard Form 424A, Budget system improvements related to custody no matching contribution with the Information; OJP Form 4000/3, Program issues. exception of construction funds as Narrative and Assurances; and OJP E. An increased public awareness of provided by section 299C(a)(2) of the Form 4061/6, Certifications. All the problems associated with JJDP Act. applications must include the inappropriate juvenile custody B. OJJDP anticipates that up to six information required by this specific practices. It is expected that increased applicants will be selected pursuant to solicitation as well as the Standard awareness will serve as impetus for the the selection criteria established in this Form 424. The SF–424 must appear as development of public policies to announcement. a cover sheet for the entire application. address such problems. C. No more than one-fourth of the The project summary should follow the funds received by a public or private SF–424. All other forms must then III. Program Strategy organization may be used for follow. OJJDP anticipates funding multiple construction or renovation purposes. Applicants should be sure to sign OJP applicants to implement the program in Use of funds for construction is limited forms 4000/3 and 4061/6, Certifications Wyoming. Applicants will develop a to innovative, community-based Regarding Lobbying; Debarment, strategy and provide services in facilities for less than 20 persons and Suspension and Other Responsibility communities directly or through must be approved in advance by OJJDP. Matters; and Drug-Free Workplace contracts for services designed to move All construction funds must be matched Requirements. The applicant’s signature the State or community toward dollar-for-dollar, in cash, by the local on this form provides for compliance compliance with one or more of the jurisdiction. The erection of new with certification requirements under 28 statutory goals. buildings or the construction of secure CFR part 69, ‘‘New Restrictions on Any nonprofit organization applicant facilities is not permitted with funds Lobbying’’ and 28 CFR part 67, shall establish an advisory committee acquired through this program. ‘‘Government-wide Debarment and that meets, to the degree appropriate, Suspension (Nonprocurement) and the provisions of section 223(a)(3) to V. Eligibility Criteria Government-wide Requirements for oversee the implementation of program Applications are invited from local Drug-Free Workplace (Grants).’’ The strategy. Where appropriate, public and private nonprofit agencies certifications shall be treated as a consideration should be given to within the State of Wyoming that have material representation of fact upon establishing a working relationship with knowledge and experience in which reliance will be placed when the the State Advisory Group and the developing and/or implementing Department of Justice determines to Wyoming Department of Family programs and projects statewide or at award the covered transaction, grant, or Services. the local level. cooperative agreement. Applicants are 16668 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices requested to submit the original signed has been selected for reviews by the program activity funded in whole or in application (SF–424) and four copies to State. part with funds made available under OJJDP. Applications that include When submitting joint applications this program because of their race, proposed noncompetitive contracts for with more than one organization, the national origin, sex, religion, handicap the provision of specific goods and relationships among the parties must be or age. In the case of any program under services must include a sole source set forth in the application. As a general which the primary recipient of Federal justification for any procurement in rule, organizations that describe their funds extends financial assistance to excess of $25,000. working relationship as primarily any other recipient or contracts with Applicants that are receiving other cooperative or collaborative when any other person(s) or group(s) shall funds in support of the proposed developing products and delivering also submit such compliance reports to services will be considered co- activity should identify other the primary recipient as may be applicants. In the event of a co- organizations that will provide financial necessary to enable the primary applicant submission, one co-applicant assistance to the program and indicate recipient to assure its civil rights the amount of funds to be contributed must be designated the payee and, as such, will receive and disburse project compliance obligations under a grant during the program period. Provide the award. title of the project, name of the public funds and be responsible for the and private grantor, and amount to be supervision and coordination of the A. Program Goals contributed during the program period. activities of the other co-applicant. Give a brief description of the program. Under this arrangement, each A succinct statement of your In addition to the above requirements, organization would agree to be jointly understanding of the goals and the following information should be and separately responsible for all project objectives of the program should be included in the application. funds and services. Each co-applicant included. The application should also 1. Is this program closely related to, must sign the SF–424 and indicate their include a problem statement to include a coordination of, or a revision of acceptance of the conditions of joint and a discussion of the applicants another current, recent, or expected separate responsibility with the other understanding of: (a) The State’s project supported by funds awarded by co-applicant. placement of juveniles in adult jails and Applications that include non- another agency? If the answer is yes to lockups as well as status offenders and competitive contracts for the provision any of the above questions, provide the non-offenders in secure detention or of specific services must include a sole following information: correctional facilities and the issues source justification for any procurement a. List the names of any organizational surrounding the removal of such in excess of $25,000. In addition to the units that will assist in any part of this juveniles from the facilities, (b) State requirements specified in the other particular program activity. legislative, judicial and executive instructions for preparation of Standard b. Enter the title of the other project, branch activities related to supervision Form 424, the following information the name of the public or private and protection of status offenders and must be included in the application: grantor, and the amounts requested or to non-offenders and jail removal, (c) be contributed during this program/ VII. Civil Rights Compliance programs, community services, budget period. A. All receipts of OJJDP assistance organizations and planning approaches c. Give a brief description of the including any contractors, must comply which can be used in an effort to program. with the nondiscrimination develop comprehensive community Applications and copies must be sent requirements of the Juvenile Justice and services and achieve the Act’s core to the following address: Office of Delinquency Prevention Act of 1974, as requirements, and (d) address efforts to Juvenile Justice and Delinquency amended; title VI of the Civil Rights Act reduce the disproportionate number of Prevention, 633 Indiana Avenue NW., of 1964; section 504 of the minorities held in secure facilities in Room 543, Washington, DC 20531. Rehabilitative Act of 1973 as amended; excess of their proportion in the Applications must be received by title IX of the Education Amendments of population. mail or delivered to OJJDP by 5p.m., 1972; the Age Discrimination Act of B. Program Strategy May 1, 1995. Applications that are 1975; and the Department of Justice delivered must be taken to the Nondiscrimination Regulations (28 CFR Applicants should describe the designated room at the above address part 42, subparts C, D, E, and G). proposed approach for achieving their between the hours of 8a.m. and 5p.m., B. In the event a Federal or State court goals and objectives under the program. except Saturdays, Sundays, and Federal or Federal or State administrative A discussion of how the goals and holidays. Applications postmarked after agency makes a finding of objectives of the program will be the deadline date will not be discrimination, after a due process accomplished and a description of the considered. hearing, on the grounds of race, color, products to be prepared, and other OJJDP will notify applicants in religion, national origin or sex against a anticipated outcome should be writing that their applications have been recipient of funds, the recipient will included. A plan for assessing the received. Subsequently, applicants will forward a copy of the finding to the effectiveness of the overall program be notified by letter as to the decision Office of Civil Rights Compliance must be described. made regarding whether or not their (OCRC) of the Office of Justice submission has been selected for Programs. C. Program Implementation Plan funding. C. Applicants shall maintain and To comply with Executive Order submit to OJJDP upon request timely, Applicants should prepare a plan that 12372, applicants from State and local complete and accurate data establishing outlines the major activities involved in units of government or other the fact that no person or persons will implementing the program and organizations providing services within be or have been denied or prohibited describes how they will allocate a State must submit a copy of their from participation in, benefits of, or available resources to implement the application to the State Single Point of denied or prohibited from obtaining program and how the program will be Contact, if one exists, and if the program employment in connection with any managed. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16669 D. Organizational Capability VIII. Procedures and Criteria for OJJDP staff reviewer Applicants must demonstrate that Selection recommendations are advisory only and they are eligible to compete for an All applicants will be evaluated and the final award decision will be made award on the basis of eligibility criteria rated by an OJJDP staff panel according by the Administrator. OJJDP will established in this solicitation. to general selection criteria below. negotiate specific terms of the award Selection criteria determine each with the selected applicants. 1. Organizational Experience applicant’s responsiveness to minimum IX. Submission Requirements Applicants must concisely describe program application requirements, This program announcement is a their experience with respect to the organizational capability, and request for proposals from local public eligibility criteria specified above. thoroughness and innovativeness in and private nonprofit agencies in the Applicants must demonstrate how their responding to strategic issues related to State of Wyoming. The applications and experience and capabilities will enable project implementation. OJJDP staff necessary forms will be provided upon them to achieve the goals and objectives reviewers will use the following criteria request. Applicants must submit an of this initiative. to rate applications. original signed application and three 1. Statement of the Problem. (20 2. Capability of Working with Other copies to OJJDP. Applications must be points) The applicant includes a clear, Organizations in the State received by mail or hand delivered to concise statement of the problem the OJJDP by 5 p.m. EST on May 1, Applicants must demonstrate that addressed in this program. 1995. Those applications sent by mail they have discussed this program with 2. Definition of Objectives. (20 points) should be addressed to: SRAD/OJJDP, local and State elected public officials The goals and objectives are clearly United States Department of Justice, 633 or their staffs, key decision makers in defined and the objectives are clear, Indiana Avenue, NW., Washington, DC the juvenile justice system such as measurable, and attainable. 20531. Hand delivered applications juvenile court judges, associations of 3. Project Design. (20 points) The must be taken to the SRAD, Room 543, those involved in juvenile justice, the project design is sound and constitutes 633 Indiana Avenue, NW., Washington, boards of public and private youth an effective approach to meeting the DC between the hours of 8 a.m. and 5 service providers, and other groups goals and objectives of this program. p.m. except Saturdays, Sundays or whose cooperation or participation is The design provides a detailed Federal holidays. necessary to the success of the program. implementation plan with a timeline OJJDP will notify applicants in The applicant must certify that it is able that indicates significant milestones in writing of the receipt of their to obtain the necessary cooperation or the project, due dates for products, and application. Subsequently, applicants participation. the nature of the products to be will be notified by letter as to the submitted. The design contains program 3. Financial Capability decision made regarding whether or not elements directly linked to the their application has been selected for In addition to the assurances provided achievement of the project. funding. in Part V, Assurances (SF–424), private 4. Management Structure. (15 points) nonprofit applicants must also The project’s management structure and John J. Wilson, demonstrate that their organization has staffing is adequate to successfully Deputy Administrator, Office of Juvenile or can establish fiscal controls and implement and complete the project. Justice and Delinquency Prevention. accounting procedures which assure The management structure for the [FR Doc. 95–7967 Filed 3–30–95; 8:45 am] that Federal funds available under this project is consistent with the project BILLING CODE 4410±18±P announcement are disbursed and goals and tasks described in the accounted for properly. Applicants who application. Application explains how [OJP (OJJDP) No. 1046] have not previously received federal the management structure and staffing funds will be asked to submit a copy of assignments are consistent with the RIN 1121±ZA09 the Office of Justice Programs (OJP) needs of the program. Program Announcement, Accounting System and Financial 5. Organizational Structure. (15 ``Nonparticipating State Program, Capability Questionnaire (OJP Form points) The applicant organization’s Kentucky '' 7120/1). potential to conduct the project Copies of the form will be provided in successfully must be documented. AGENCY: Department of Justice, Office of an application kit and must be prepared Applicant demonstrates knowledge of Justice Programs, Office of Juvenile and submitted along with the and experience in the juvenile justice Justice and Delinquency Prevention. application. Other applicants may be field, particularly in the area of study ACTION: Notice of issuance of requested to submit this form. All the project addresses. Applicant competitive program announcement. questions are to be answered regardless demonstrates that staff members have of instructions (section C.I.B. note). The sufficient substantive expertise and SUMMARY: Notice is hereby given that CPA certification is required only of technical experience. The applications the Office of Juvenile Justice and those applicants who have not will be judged on the appropriateness of Delinquency Prevention (OJJDP), previously received Federal funding. the position descriptions, required pursuant to the provisions of Section qualifications, and staff selection 223(d) of the Juvenile Justice and 1. Time-Task Plan criteria. Delinquency Prevention Act of 1974, as Applicants must develop a time-task 6. Reasonables of Costs. (10 points) amended, 42 U.S.C. 5601 et seq., plan for the 24-month project period, Budgeted costs are reasonable, (hereinafter the JJDP Act), is issuing a clearly identifying major milestones. allowable, and cost effective for the program announcement and solicitation This must include designation of activities proposed, and are directly for applications from local public and organizational responsibility and a related to the achievement of the private nonprofit agencies in the State of schedule for the completion of the program objectives. All costs are Kentucky. The State is not eligible to activities and products identified in the justified in a budget narrative that receive its fiscal years 1992 and 1993 applicants Program Strategy. explains how costs are determined. Formula Grants Program allocations 16670 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices under Part B of Title II of the JJDP Act. of a crime or awaiting trial on criminal enclosing a building or set of buildings, Eligible applicants for this competitive charges; that is used for the lawful custody and program are limited to local public and 3. Section 223(a)(14), which provides treatment of juveniles and that may be private nonprofit agencies providing that no juvenile shall be detained or owned and/or operated by public and services or currently operating in the confined in any jail or lockup for adults, private agencies. State. Such agencies are eligible to except criminal-type juvenile offenders 7. Juvenile offender. An individual receive funds to be expended over a two awaiting an initial court appearance within a juvenile court’s jurisdiction for year period. Multiple grants will be pursuant to an enforceable State law purposes of adjudication and treatment made available in amounts ranging from requiring such appearance within 24 based on age and offense limitations as $100,000 to $693,000 per applicant of a hours after being taken into custody defined by State law (i.e., a criminal- total of $1,386,000 in fiscal year 1992 (excluding weekends and holidays) type offender or a status offender). and 1993 Formula Grant funds that have provided that such exceptions are 8. Lawful custody. The exercise of been reallocated for award under this limited to areas which: care, supervision and control over a nonparticipating state program. a. Are outside a Metropolitan juvenile offender or non-offender pursuant to the provisions of the law, a DATES: Applications under this program Statistical Area, judicial order or decree. are due May 1, 1995. b. Have no existing acceptable alternative placements available, 9. Local private nonprofit agency. A ADDRESSES: State Relations and c. Provide for the sight and sound nonprofit organization that provides Assistance Division, Office of Juvenile separation of juveniles and incarcerated services within an identifiable unit(s) or Justice and Delinquency Prevention, adults; and a combination of units of general local United States Department of Justice, 633 4. Section 223(a)(23), which provides government, but which is not under Indiana Avenue, NW., Washington, DC that States must address efforts to public supervision or control. A 20531. reduce the proportion of juveniles nonprofit organization means an FOR FURTHER INFORMATION CONTACT: For detained or confined in secure facilities organization described in section further information contact Thomas E. who are members of a minority group if 501(c)(3) of the Internal Revenue Code Bell, State Representative, State such proportion exceeds the proportion of 1986 that is exempt from taxation Relations and Assistance Division, such groups represent in the general under section 501(a) of the Internal Office of Juvenile Justice and population. Revenue Code of 1986. Delinquency Prevention, 633 Indiana 10. Local public agency. Any unit of Avenue, NW., Washington, DC 20531, B. Definitions of Terms local government, combination of such (202) 307–5921. 1. Adult jail. A locked facility units, or any department, agency, or administered, by State, county, or local instrumentality of any such unit or SUPPLEMENTARY INFORMATION: law enforcement and public or private combination of such units. I. Introduction and Background correctional agencies. The purpose of 11. Non-offender. A juvenile who is subject to the jurisdiction of the juvenile A. Legislation such facility is to detain adults charged with violating criminal law pending court—usually under abuse, Pursuant to section 223(d) of the JJDP trial. Facilities used to hold convicted dependency, or neglect statutes—for Act, the OJJDP Administrator must adult criminal offenders, usually reasons other than legally prohibited endeavor to make the Formula Grants sentenced for less than one year, are conduct of the juvenile. Program fund allotment, under section also considered adult jails. 12. Nonparticipating State. A State 222(a) of the JJDP Act, to a State which 2. Adult lockup. Similar to an adult which chooses not to submit a plan, is ineligible to participate in the jail except that an adult lockup is fails to submit a plan, or submits a plan Formula Grants Program available to generally a municipal or police facility which does not meet the requirements local public and private nonprofit of a temporary nature which does not of section 223 of the JJDP Act and thus agencies within the nonparticipating hold persons after they have been is not participating in the Formula State. The funds may be used solely for formally charged. Grants Program authorized by Part B of the purpose(s) of achieving compliance 3. Criminal-type offender. A juvenile Title II of the JJDP Act for a particular with the following JJDP Act core State offender who has been adjudicated for fiscal year; or a State found ineligible to plan requirements: conduct which would, under the law of receive program funds because of failure 1. Section 223(a)(12)(A), which the jurisdiction in which the offense to achieve or maintain substantial provides that juveniles shall not be was committed, be a crime if committed compliance with the JJDP Act, its placed in secure detention or by an adult. implementing regulation (28 CFR part correctional facilities if (1) they are 4. Accused juvenile offender. A 23), or a plan or application submitted charged with or have committed juvenile on whom a petition has been pursuant to Part B of Title II of the JJDP offenses that would not be criminal if filed in the juvenile court or other Act. committed by an adult, (2) they are action has occurred alleging that such 13. Secure. As used to define a charged with or have committed juvenile is a juvenile offender, (i.e., a detention or correctional facility this offenses which do not constitute criminal-type offender or a status term describes residential facilities violations of valid court orders or offender), but no final adjudication has which include construction fixtures Federal or State law prohibiting the been made by the juvenile court. designed to physically restrict the possession of a handgun, or (3) they are 5. Adjudicated juvenile offender. A movements and activities of persons in non-offenders such as dependent or juvenile who the juvenile court has custody such as locked rooms and neglected children; determined through an adjudicative buildings, fences, or other physical 2. Section 223(a)(13), which provides procedure is a juvenile offender, (i.e., a structures. It does not include facilities that juveniles alleged or found to be criminal-type offender or a status where physical restriction of movement delinquent, status offenders, and non- offender). or activity is provided solely through offenders shall not be detained or 6. Facility. A place, an institution, a facility staff. confined in any institution in which building or part thereof, a set of 14. Status offender. A juvenile they have contact with adults convicted buildings or an area, whether or not offender who has been charged with or Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16671 adjudicated for conduct which would confinement of status offenders and placement options for juvenile offenders not, under the law of the jurisdiction in nonoffenders; and nonoffenders that will provide such which the offense was committed, be a 3. The lack of a flexible network of juveniles with supervision and control, crime if committed by an adult. services and programs that is responsive give them protection from victimization 15. Valid Court Order. The term to local jurisdiction’s needs and and exploitation, and hold them means a court order given by a juvenile capabilities and focused upon accountable for their offenses. court judge to a juvenile who was jurisdictions with the most difficult C. The development and brought before the court and made barriers to overcome; and implementation of objective intake subject to a court order; who received, 4. The lack of alternative services criteria and operational policies and before the issuance of such order, the which can be sustained over time with procedures that are consistent with full due process rights guaranteed to local resources, inclusive but not nationally recognized standards and such juvenile by the Constitution of the limited to: applicable to alleged juvenile offenders United States; and with respect to a. Supervision of juveniles in secure and nonoffenders who are awaiting whom an appropriate public agency, facilities that conforms to the court appearance. before the issuance of such order— requirements set forth in the Formula D. An enhanced capacity for parents, (i) Reviewed the behavior of such Grants Regulation, 28 CFR part 31, as schools, police and other private and juvenile and the circumstances under revised through March 10, 1995 (60 FR public youth serving agencies to address which such juvenile was brought before 13330–13340). juvenile custody issues without the use the court and made subject to such b. Intensive supervision in a child’s of jail and lockups. This would include, order; home as a placement alternative. where appropriate, the establishment of (ii) Determined the reasons for the c. Emergency foster care, shelter care, local juvenile planning boards or behavior that caused such juvenile to be group care, and independent living commissions to help ensure brought before the court and made arrangements. interagency, multidisciplinary planning d. Crisis intervention services and subject to such order; and monitoring for juvenile justice short-term residential crisis intervention (iii) Determined that all dispositions improvements related to custody issues. programs that can be used for conflict (including treatment), other than E. An increased public awareness of mediation, emergency holding, and placement in a secure detention facility the problems associated with provision of emergency attention for or a secure detention facility or a secure inappropriate juvenile custody youth with physical or emotional correctional facility, have been practices. It is expected that increased problems. exhausted or are clearly inappropriate; e. Objective intake criteria that are awareness will serve as an impetus for and based upon a presumption of release, the development of public policies to (iv) Submitted to the court a written utilization of least restrictive address such problems. report stating the results of the review alternatives, protection of the right to III. Program Strategy conducted under clause (i) and the due process, and maintenance of a OJJDP anticipates funding multiple determinations made under clauses (ii) child’s ties to the family and applicants to implement the program in and (iii). community. The requirements for using this f. Twenty-four (24) hour intake Kentucky. Applicants will develop a exception can be found in the Formula screening services. strategy and provide services in Grants Regulation, 28 CFR 31.303(f), communities directly or through published in the Federal Register of II. Program Goals and Objectives contracts for services designed to move March 10, 1995. Pursuant to section 223(d) of the Act, the State or community toward compliance with one or more of the C. Problem to be Addressed the goal of this program is to assist Kentucky in developing a range of statutory goals. Many Kentucky communities have secure and nonsecure alternatives and Any nonprofit organization applicant not been able to successfully address the revising associated policies to move the shall establish an advisory committee core requirements of the JJDP Act due to State toward compliance with section that meets, to the degree appropriate, State laws or local policies, lack of 223(a)(12)(A), the deinstitutionalization the provisions of section 223(a)(3) to coordination, and/or a limited number of status offenders and nonoffenders, oversee the implementation of program of alternative resources available to section 223(a)(13), the separation of strategy. Where appropriate, communities. This situation has juveniles from adults in adult jails and consideration should be given to resulted in among other things, the lockups, section 223(a)(14), the removal establishing a working relationship with State’s ineligibility for JJDP Act Formula of juveniles from adult jails and the State Advisory Group and the Grant Funds. lockups, and section 223(a)(23), efforts Kentucky Justice Cabinet. Specifically, local jurisdictions are to reduce disproportionate minority Each applicant is expected to provide using secure facilities inappropriately confinement. To achieve these goals, an assessment of, and a strategy for for a number of reasons: and thus ensure a fair and effective modifying (as needed) juvenile 1. A lack of coordination and system for juvenile custody, applicants detention legislation, policies, cooperation among juvenile justice must address one or more of the procedures and practices, in the move system agencies including schools, law following objectives: the State or jurisdiction that is the target enforcement, prosecution, the judiciary, A. Enhancing systemwide of the proposed program. corrections, public and private service coordination, cooperation and The strategy developed must support providers, and local public interest concentration of existing and new statewide and/or local jurisdictions groups, which contributes to the resources to develop community efforts to coordinate, concentrate and inappropriate placement of juveniles in juvenile service systems that provide redirect resources to improve services jails and lockups. viable alternatives to the use of adult for the care and custody of juveniles. 2. A lack of public awareness and jails and lockups. Major activities of a statewide applicant policies regarding the issues of juveniles B. The development of a flexible might consist of: in jails and lockups, and the secure statewide network of services and a. Preparing RFP’s for local projects; 16672 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices b. Reviewing applications, selecting necessary to achieve the objectives of during the program period. Provide the finalists and making awards; this program; and strategy development title of the project, name of the public c. Convening project staff and and implementation. and private grantor, and amount to be advisory committee members to review C. Capability to develop management contributed during the program period. strategy; and fiscal systems necessary for the Give a brief description of the program. d. Providing training and technical proper administration of Federal funds. In addition to the above requirements, assistance to projects supported under D. Capability to fulfill the activities the following information should be the initiative; and responsibilities identified in the included in the application. e. Developing and implementing a Program Strategy Section of this 1. Is this program closely related to, statewide public education program; announcement. a coordination of, or a revision of and E. Capability to work effectively with another current, recent, or expected f. Developing and implementing an local and State elected public officials, project supported by funds awarded by assessment of the effectiveness of the key decision makers in the juvenile another agency? If the answer is yes to overall program. justice system and the boards of public any of the above questions, provide the and private youth service providers following information: IV. Dollar Amount and Duration which exist within the State for the a. List the names of any organizational A. The project period for this program purpose of achieving the objectives of units that will assist in any part of this is two years from the date of award. this program. other particular program activity. Recipients will be eligible for awards of b. Enter the title of the other project, VI. Program Application Requirements up to 50% of the total available funds, the name of the public or private or $693,000 of $1,386,000. Funds will All applicants must submit a grantor, and the amounts requested or to be made available through a cooperative completed Standard Form 424, be contributed during this program/ agreement. Financial assistance Application for Federal Assistance; budget period. provided under this program requires Standard Form 424A, Budget c. Give a brief description of the no matching contribution with the Information; OJP Form 4000/3, Program program. exception of construction funds as Narrative and Assurances; and OJP Applications and copies must be sent provided by section 299C(a)(2) of the Form 4061/6, Certifications. All to the following address: Office of JJDP Act. applications must include the Juvenile Justice, and Delinquency B. OJJDP anticipates that up to six information required by this specific Prevention, 633 Indiana Avenue NW., applicants will be selected pursuant to solicitation as well as the Standard Room 543 Washington, DC 20531 the selection criteria established in this Form 424. The SF–424 must appear as Applications must be received by announcement. a cover sheet for the entire application. mail or delivered to OJJDP by 5 p.m., C. No more than one-fourth of the The project summary should follow the May 1, 1995. Applications that are funds received by a public or private SF–424. All other forms must then delivered must be taken to the organization may be used for follow. designated room at the above address construction or renovation purposes. Applicants should be sure to sign OJP between the hours of 8 a.m. and 5 p.m., Use of funds for construction is limited forms 4000/3 and 4061/6, Certifications except Saturdays, Sundays, and Federal to innovative, community-based Regarding Lobbying; Debarment, holidays. Applications postmarked after facilities for less than 20 persons and Suspension and other Responsibility the deadline date will not be must be approved in advance by OJJDP. Matters; and Drug-Free Workplace considered. OJJDP will notify applicants All construction funds must be matched Requirements. The applicant signature in writing that their applications have dollar-for-dollar, in cash, by the local on this form provides for compliance been received. Subsequently, applicants jurisdiction. The erection of new with certification requirements under 28 will be notified by letter as to the buildings or the construction of secure CFR part 69, ‘‘New Restrictions on decision made regarding whether or not facilities is not permitted with funds Lobbying’’ and 28 CFR part 67, their submission has been selected for acquired through this program. ‘‘Government-wide Debarment and funding. Suspension (Nonprocurement) and To comply with Executive Order V. Eligibility Criteria Government-wide Requirements for 12372, applicants from State and local Applications are invited from local Drug-Free Workplace (Grants).’’ The units of government or other public and private nonprofit agencies certifications shall be treated as a organizations providing services within within the State of Kentucky that have material representation of fact upon a State must submit a copy of their knowledge and experience in which reliance will be placed when the application to the State Single Point of developing and/or implementing Department of Justice determines to Contact, if one exists, and if the program programs and projects statewide or at award the covered transaction, grant, or has been selected for reviews by the the local level. cooperative agreement. Applicants are State. To be eligible for consideration, a requested to submit the original signed When submitting joint applications statewide applicant must demonstrate application (SF–424) and four copies to with more than one organization, the in the application that it has experience OJJDP. Applications that include relationships among the parties must be in the following areas: proposed noncompetitive contracts for set forth in the application. As a general A. An understanding of the intent of the provision of specific goods and rule, organizations that describe their the statutory requirements of the JJDP services must include a sole source working relationship as primarily Act and the general approaches for justification for any procurement in cooperative or collaborative when implementing the requirements on the excess of $25,000. developing products and delivering local level. Applicants that are receiving other services will be considered co- B. Knowledge of and experience with funds in support of the proposed applicants. In the event of a co- juvenile justice systems; local jails, activity should identify other applicant submission, one co-applicant lockups, and secure juvenile detention organizations that will provide financial must be designated the payee and, as facilities; the specific problems, assistance to the program and indicate such, will receive and disburse project strategies, and program alternatives the amount of funds to be contributed funds and be responsible for the Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16673 supervision and coordination of the A. Program Goals 2. Capability of Working with Other activities of the other co-applicant. Organizations in the State A succinct statement of your Under this arrangement, each Applicants must demonstrate that organization would agree to be jointly understanding of the goals and objectives of the program should be they have discussed this program with and separately responsible for all project local and State elected public officials funds and services. Each co-applicant included. The application should also include a problem statement to include or their staffs, key decision makers in must sign the SF–424 and indicate their the juvenile justice system such as a discussion of the applicants acceptance of the conditions of joint and juvenile court judges, associations of understanding of: (a) The State’s separate responsibility with the other those involved in juvenile justice, the placement of juveniles in adult jails and co-applicant. Applications that include boards of public and private youth lockups as well as status offenders and non-competitive contracts for the service providers, and other groups provision of specific services must non-offenders in secure detention or whose cooperation or participation is include a sole source justification for correctional facilities and the issues necessary to the success of the program. any procurement in excess of $25,000. surrounding the removal of such The applicant must certify that it is able In addition to the requirements juveniles from the facilities, (b) State to obtain the necessary cooperation or specified in the instructions for legislative, judicial and executive participation. preparation of Standard Form 424, the branch activities related to supervision following information must be included and protection of status offenders and 3. Financial Capability in the application: non-offenders and jail removal, (c) In addition to the assurances provided VII. Civil Rights Compliance programs, community services, in Part V, Assurances (SF–424), private organizations and planning approaches nonprofit applicants must also A. All receipts of OJJDP assistance which can be used in an effort to demonstrate that their organization has including any contractors, must comply develop comprehensive community or can establish fiscal controls and with the nondiscrimination services and achieve the Act’s core accounting procedures which assure requirements of the Juvenile Justice and requirements, and (d) address efforts to that Federal funds available under this Delinquency Prevention Act of 1974, as reduce the disproportionate number of announcement are disbursed and amended; title VI of the Civil Rights Act minorities held in secure facilities in accounted for properly. Applicants who of 1964; section 504 of the excess of their proportion in the have not previously received federal Rehabilitative Act of 1973 as amended; population. funds will be asked to submit a copy of title IX of the Education Amendments of the Office of Justice Programs (OJP) 1972; the Age Discrimination Act of B. Program Strategy Accounting System and Financial 1975; and the Department of Justice Capability Questionnaire (OJP Form Applicants should describe the Nondiscrimination Regulations (28 CFR 7120/1). proposed approach for achieving their part 42, subparts C, D, E, and G). Copies of the form will be provided in goals and objectives under the program. B. In the event a Federal or State court an application kit and must be prepared A discussion of how the goals and or Federal or State administrative and submitted along with the objectives of the program will be agency makes a finding of application. Other applicants may be accomplished and a description of the discrimination, after a due process requested to submit this form. All hearing, on the grounds of race, color, products to be prepared and other questions are to be answered regardless religion, national origin or sex against a anticipated outcomes should be of instructions (section C.I.B. note). The recipient of funds, the recipient will included. A plan for assessing the CPA certification is required only of forward a copy of the finding to the effectiveness of the overall program those applicants who have not Office of Civil Rights Compliance must be described. previously received Federal funding. (OCRC) of the Office of Justice C. Program Implementation Plan Programs. 1. Time-Task Plan C. Applicants shall maintain and Applicants should prepare a plan that Applicants must develop a time-task submit to OJJDP upon request timely, outlines the major activities involved in plan for the 24-month project period, complete and accurate data establishing implementing the program and clearly identifying major milestones. the fact that no person or persons will describes how they will allocate This must include designation of be or have been denied or prohibited available resources to implement the organizational responsibility and a from participation in, benefits of, or program and how the program will be schedule for the completion of the denied or prohibited from obtaining managed. activities and products identified in the employment in connection with any applicants Program Strategy. program activity funded in whole or in D. Organizational Capability part with funds made available under VIII. Procedures and Criteria for Applicants must demonstrate that this program because of their race, Selection they are eligible to compete for an national origin, sex, religion, handicap All applicants will be evaluated and or age. In the case of any program under award on the basis of eligibility criteria rated by an OJJDP staff panel according which the primary recipient of Federal established in this solicitation. to general selection criteria below. funds extends financial assistance to 1. Organizational Experience Selection criteria determine each any other recipient or contracts with applicant’s responsiveness to minimum any other person(s) or group(s) shall Applicants must concisely describe program application requirements, also submit such compliance reports to their experience with respect to the organizational capability, and the primary recipient as may be eligibility criteria specified above. thoroughness and innovativeness in necessary to enable the primary Applicants must demonstrate how their responding to strategic issues related to recipient to assure its civil rights experience and capabilities will enable project implementation. OJJDP staff compliance obligations under a grant them to achieve the goals and objectives reviewers will use the following criteria award. of this initiative. to rate applications. 16674 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 1. Statement of the Problem. (20) The copies to OJJDP. Applications must be minimum wages payable on Federal and applicant includes a clear, concise received by mail or hand delivered to federally assisted construction projects statement of the problem addressed in the OJJDP by 5 p.m. EST on May 1, to laborers and mechanics of the this program. 1995. Those applications sent by mail specified classes engaged on contract 2. Definition of Objectives. (20 points) should be addressed to: SRAD/OJJDP, work of the character and in the The goals and objectives are clearly United States Department of Justice, 633 localities described therein. defined and the objectives are clear, Indiana Avenue, NW., Washington, DC Good cause is hereby found for not measurable, and attainable. 20531. Hand delivered applications utilizing notice and public comment 3. Project Design. (20 points) The must be taken to the SRAD, Room 543, procedure thereon prior to the issuance project design is sound and constitutes 633 Indiana Avenue, NW., Washington, of these determinations as prescribed in an effective approach to meeting the DC between the hours of 8 a.m. and 5 5 U.S.C. 553 and not providing for delay goals and objectives of this program. p.m. except Saturdays, Sundays or in the effective date as prescribed in that The design provides a detailed Federal holidays. section, because the necessity to issue implementation plan with a timeline OJJDP will notify applicants in current construction industry wage that indicates significant milestones in writing of the receipt of their determinations frequently and in large the project, due dates for products, and application. Subsequently, applicants volume causes procedures to be the nature of the products to be will be notified by letter as to the impractical and contrary to the public submitted. The design contains program decision made regarding whether or not interest. elements directly linked to the their application has been selected for General wage determination achievement of the project. funding. decisions, and modifications and 4. Management Structure. (15 points) John J. Wilson, supersedeas decisions thereto, contain The project’s management structure and Deputy Administrator, Office of Juvenile no expiration dates and are effective staffing is adequate to successfully Justice and Delinquency Prevention. from their date of notice in the Federal implement and complete the project. [FR Doc. 95–7966 Filed 3–30–95; 8:45 am] Register, or on the date written notice The management structure for the is received by the agency, whichever is BILLING CODE 4410±18±P project is consistent with the project earlier. These decisions are to be used goals and tasks described in the in accordance with the provisions of 29 application. Application explains how CFR Parts 1 and 5. Accordingly, the DEPARTMENT OF LABOR the management structure and staffing applicable decision, together with any assignments are consistent with the Employment Standards Administration modifications issued, must be made a needs of the program. Wage and Hour Division part of every contract for performance of 5. Organizational Structure. (15 the described work within the points) The applicant organization’s Minimum Wages for Federal and geographic area indicated as required by potential to conduct the project Federally Assisted Construction; an applicable Federal prevailing wage successfully must be documented. General Wage Determination Decisions law and 29 CFR Part 5. The wage rates Applicant demonstrates knowledge of and fringe benefits, notice of which is and experience in the juvenile justice General wage determination decisions published herein, and which are field, particularly in the area of study of the Secretary of Labor are issued in contained in the Government Printing the project addresses. Applicant accordance with applicable law and are Office (GPO) document entitled demonstrates that staff members have based on the information obtained by ‘‘General Wage Determinations Issued sufficient substantive expertise and the Department of Labor from its study Under The Davis-Bacon And Related technical experience. The applications of local wage conditions and data made Acts,’’ shall be the minimum paid by will be judged on the appropriateness of available from other sources. They contractors and subcontractors to the position descriptions, required specify the basic hourly wage rates and laborers and mechanics. qualifications, and staff selection fringe benefits which are determined to Any person, organization, or criteria. be prevailing for the described classes of governmental agency having an interest 6. Reasonables of Costs. (10 points) laborers and mechanics employed on in the rates determined as prevailing is Budgeted costs are reasonable, construction projects of a similar encouraged to submit wage rate and allowable, and cost effective for the character and in the localities specified fringe benefit information for activities proposed, and are directly therein. consideration by the Department. related to the achievement of the The determinations in these decisions Further information and self- program objectives. All costs are of prevailing rates and fringe benefits explanatory forms for the purpose of justified in a budget narrative that have been made in accordance with 20 submitting this data may be obtained by explains how costs are determined. CFR Part 1, by authority of the Secretary writing to the U.S. Department of Labor, OJJDP staff reviewer of Labor pursuant to the provisions of Employment Standards Administration, recommendations are advisory only and the Davis-Bacon Act of March 3, 1931, Wage and Hour Division, Division of the final award decision will be made as amended (46 Stat. 1494, as amended, Wage Determinations, 200 Constitution by the Administrator. OJJDP will 40 U.S.C. 276a) and of other Federal Avenue NW., Room S–3014, negotiate specific terms of the award statutes referred to in 29 CFR Part 1, Washington, DC 20210. with the selected applicants. Appendix, as well as such additional statutes as may from time to time be Withdrawn General Wage IX. Submission Requirements enacted containing provisions for the Determination Decisions This program announcement is a payment of wages determined to be This is to advise all interested parties request for proposals from local public prevailing by the Secretary of Labor in that the Department of Labor is and private nonprofit agencies in the accordance with the Davis-Bacon Act. withdrawing, from the date of this State of Kentucky. The applications and The prevailing rates and fringe benefits notice, General Wage Determination necessary forms will be provided upon determined in these decisions shall, in Nos. WI950042, WI950045, WI950046, request. Applicants must submit an accordance with the provisions of the WI950047, WI950048, and WI950050 original signed application and three foregoing statutes, constitute the dated FEB. 10, 1995, respectively. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16675 Agencies with construction projects MD950011 (FEB. 10, 1995) Hard-copy subscriptions may be pending, to which this wage decision MD950012 (FEB. 10, 1995) purchased from: Superintendent of would have been applicable, should MD950022 (FEB. 10, 1995) Documents, U.S. Government Printing Pennsylvania Office, Washington, D.C. 20402, (202) utilize Wage Decision WI950041. PA950004 (FEB. 10, 1995) Contracts for which bids have been 512–1800. opened shall not be affected by this Volume III: When ordering hard-copy notice. Also, consistent with 29 CFR Florida subscription(s), be sure to specify the 1.6(c)(2)(i)(A), when the opening of bids FL950077 (FEB. 10, 1995) State(s) of interest, since subscriptions is less than ten (10) days from the date Tennessee may be ordered for any or all of the six of this notice, this action shall be TN950001 (FEB. 10, 1995) separate volumes, arranged by State. TN950005 (FEB. 10, 1995) Subscriptions include an annual edition effective unless the agency finds that TN950016 (FEB. 10, 1995) there is insufficient time to notify TN950017 (FEB. 10, 1995) (issued in January or February) which bidders of the change and the finding is TN950019 (FEB. 10, 1995) includes all current general wage documented in the contract file. TN950057 (FEB. 10, 1995) determinations for the States covered by TN950059 (FEB. 10, 1995) each volume. Throughout the remainder New General Wage Determination Volume IV: of the year, regular weekly updates will Decisions be distributed to subscribers. The number of the decisions added to Wisconsin WI950032 (FEB. 10, 1995) Signed at Washington, D.C. this 24th day the Government Printing Office WI950041 (FEB. 10, 1995) of March 1995. document entitled ‘‘General Wage Alan L. Moss, Volume V: Determinations Issued Under the Davis- Director, Division of Wage Determinations. Bacon and related Acts’’ are listed by Arkansas [FR Doc. 95–7769 Filed 3–30–95; 8:45 am] Volume and State: AR950003(FEB. 10, 1995) Iowa BILLING CODE 4510±27±M Volume III: IA950019(FEB. 10, 1995) Florida IA950020(FEB. 10, 1995) FL950098 (MAR. 31, 1995) IA950038(FEB. 10, 1995) Employment and Training Tennessee IA950049(FEB. 10, 1995) Administration TN950061 (MAR. 31, 1995) IA950070(FEB. 10, 1995) TN950062 (MAR. 31, 1995) IA950072(FEB. 10, 1995) Investigations Regarding Certifications TN950063 (MAR. 31, 1995) IA950077(FEB. 10, 1995) of Eligibility To Apply for Worker Kansas Adjustment Assistance Volume IV: KS950005(FEB. 10, 1995) Indiana KS950014(FEB. 10, 1995) Petitions have been filed with the IN950042 (MAR. 31, 1995) New Mexico Secretary of Labor under Section 221(a) IN950043 (MAR. 31, 1995) NM950001(FEB. 10, 1995) of the Trade Act of 1974 (‘‘the Act’’) and Oklahoma IN950044 (MAR. 31, 1995) are identified in the Appendix to this IN950045 (MAR. 31, 1995) OK950033(FEB. 10, 1995) IN950046 (MAR. 31, 1995) OK950034(FEB. 10, 1995) notice. Upon receipt of these petitions, IN950047 (MAR. 31, 1995) OK950035(FEB. 10, 1995) the Director of the Office of Trade IN950048 (MAR. 31, 1995) Texas Adjustment Assistance, Employment IN950049 (MAR. 31, 1995) TX950003(FEB. 10, 1995) and Training Administration, has IN950050 (MAR. 31, 1995) TX950109(FEB. 10, 1995) instituted investigations pursuant to IN950051 (MAR. 31, 1995) Volume VI: Section 221(a) of the Act. IN950052 (MAR. 31, 1995) The purpose of each of the IN950053 (MAR. 31, 1995) Colorado CO950001(FEB. 10, 1995) investigations is to determine whether IN950054 (MAR. 31, 1995) the workers are eligible to apply for IN950055 (MAR. 31, 1995) Hawaii IN950056 (MAR. 31, 1995) HI950001(FEB. 10, 1995) adjustment assistance under Title II, Chapter 2, of the Act. The investigations IN950057 (MAR. 31, 1995) General Wage Determination will further relate, as appropriate, to the IN950058 (MAR. 31, 1995) Publication determination of the date on which total Modification to General Wage General wage determination issued or partial separations began or Determination Decisions under the Davis-Bacon and related Acts, threatened to begin and the subdivision The number of decisions listed in the including those noted above, may be of the firm involved. Government Printing Office document found in the Government Printing Office The petitioners of any other persons entitled ‘‘General Wage Determinations (GPO) document entitled ‘‘General Wage showing a substantial interest in the Issued Under the Davis-Bacon and Determinations Issued Under The Davis- subject matter of the investigations may Related Acts’’ being modified are listed Bacon and Related Acts’’. This request a public hearing, provided such by Volume and State. Dates of publication is available at each of the 50 request is filed in writing with the publication in the Federal Register are Regional Government Depository Director, Office of Trade Adjustment in parentheses following the decisions Libraries and many of the 1,400 Assistance, at the address shown below, being modified. Government Depository Libraries across not later than April 10, 1995. the country. Interested persons are invited to Volume I: The general wage determinations submit written comments regarding the New York issued under the Davis-Bacon and subject matter of the investigations to NY950007 (FEB. 10, 1995) related Acts are available electronically the Director, Office of Trade Adjustment NY950011 (FEB. 10, 1995) by subscription to the FedWorld NY950040 (FEB. 10, 1995) Assistance, at the address shown below, NY950060 (FEB. 10, 1995) Bulletin Board System of the National not later than April 10, 1995. Technical Information Service (NTIS) of The petitions filed in this case are Volume II: the U.S. Department of Commerce at available for inspection at the Office of Maryland (703) 487–4630. the Director, Office of Trade Adjustment 16676 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices Assistance, Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Signed at Washington, D.C. this 20th day of March, 1995. Victor J. Trunzo, Program Manager, Policy & Reemployment Services, Office of Trade Adjustment Assistance. APPENDIX Date Date of Petition Petitioner: (Union/ workers/firm) Location received petition No. Articles produced Tobin Hamilton Co., Inc. (Wkrs) ...... W. Bridge Water, 03/20/95 01/08/95 30,815 Athletic footwear. MA. Whitestone Products, Inc. (UPIU) ...... Piscataway, NJ ...... 03/20/95 03/06/95 30,816 Hospital supplies. Formfit Rogers/I.Appel Corp (Wrks) ...... Lafayette, TN ...... 03/20/95 03/02/95 30,817 Ladies' lingerie, bras and daywear. Philips TechnologyÐAirpax, Inc (Wrks) .... Cambridge, MD ...... 03/20/95 02/24/95 30,818 Circuit breakers. AMSCO Basil Mfg. (UAW) ...... Wilson, NY ...... 03/20/95 03/06/95 30,819 Industrial washing equipment. General Electric Capitol Corp. (Wkrs) ...... Erie, PA ...... 03/20/95 03/03/95 30,820 Providing testing of equipment. Brenda's Sportswear Co., Inc. (Wrks) ...... Rock Island, TN ..... 03/20/95 02/28/95 30,821 Ladies blouses. Mosbacher Energy Co. (Wrks) ...... Houston, TX ...... 03/20/95 02/28/95 30,822 Oil and gas. Leslie Fay Inc. (ILGWU) ...... Wilkes-Barre, PA .... 03/20/95 03/01/95 30,823 Ladies' dresses. Ricky Fashions (ILGWU) ...... Wilkes-Barre, PA .... 03/20/95 03/01/95 30,824 Ladies' dresses. Red Eagle Resources Corp Wkrs) ...... Oklahoma City OK . 03/20/95 03/06/95 30,825 Oil and gas. Dresser Industrial Valve Operation (Co.) .. Axexandria, LA ...... 03/20/95 03/03/95 30,826 Industrial line valves. Fairchild Aircraft, Inc (Wkrs) ...... San Antonio, TX ..... 03/20/95 03/02/95 30,827 Electrical harnesses. Greeneville Industries, Inc. (AEU) ...... Greeneville, TN ...... 03/20/95 02/28/95 30,828 Dozer blades. Lockheed Ft. Worth Co. (Wkrs) ...... Ft. Worth, TX ...... 03/20/95 03/01/95 30,829 Wire harnesses for the F±16 aircraft. Modoc Lumber Co. (Wkrs) ...... Klamath Falls, OR .. 03/20/95 03/07/95 30,830 Construction lumber. National Semiconductor (Co) ...... South Portland, ME 03/20/95 03/03/95 30,831 Semi conductors. Scotty's Fashions (ILGWU) ...... Lewistown, PA ...... 03/20/95 03/07/95 30,832 Ladies' sportswear. Simon Petroleum Technology Corp. (Co) . Houston, TX ...... 03/20/95 03/07/95 30,833 Seismic dataÐoil and gas. Sonat Exploration Company (Wkrs) ...... Houston, TX ...... 03/20/95 02/22/95 30,834 Crude oil and natural gas. United Defense, L.P (wkrs) ...... Aberdeen, SD ...... 03/20/95 01/02/95 30,835 Missile canisters. American Oil and Gas (Wrks) ...... Amarillo, TX ...... 03/20/95 03/07/95 30,836 Natural gas-methane, ethane, etc. American Oil & Gas (Wkrs) ...... Pampa, TX ...... 03/20/95 03/07/95 30,837 Natural gas-methane, ethane, etc. Black Box Corporation (Wrks) ...... Lawrence, PA ...... 03/20/95 03/03/95 30,838 Cable and switches. Dillon Manufacturing Co., Inc. (Wrks) ...... Mayfield, KY ...... 03/20/95 03/08/95 30,839 Men's sportcoats and suit coats. General Mills, Inc. (Union) ...... Chicago, IL ...... 03/20/95 03/06/95 30,840 Breakfast cereals. Highland Yarn Mills, Inc. (ACTWU) ...... High Point, NC ...... 03/20/95 02/21/95 30,841 Combed cotton years. Kresgeville, Mfg. Inc. (Wrks) ...... Kresgeville, PA ...... 03/20/95 03/08/95 30,842 Ladies garments. Print and Peel (Wrks) ...... Paterson, NJ ...... 03/20/95 03/09/95 30,843 Pressure sensitive tape. Pro Group, Inc.ÐGolf Bag Division (Co) .. Pocahontas, AR ..... 03/20/95 03/07/95 30,844 Golf bags. Quantum Chemical, Hanson, PLC (Wrks) Port Arthur, TX ...... 03/20/95 02/15/95 30,845 Plastics. Scotty's Fashions (Wkrs) ...... Kresgeville, PA ...... 03/20/95 03/07/95 30,846 Ladies' sportswear. [FR Doc. 95–7929 Filed 3–30–95; 8:45 am] Federal Register on January 13, 1993 Headquarters of Exxon Company, U.S.A. BILLING CODE 4510±30±M (57 FR 4186). a/k/a Exxon Corporation, at various locations At the request of the State Agency, the in Houston, Texas who became totally or Department reviewed the certification partially separated from employment on or [TA±W±27,977] for workers of the subject firm. The after August 13, 1991 are eligible to apply for adjustment assistance under Section 223 of Exxon Company, U.S.A. a/k/a Exxon investigation findings show a name the Trade Act of 1974.’’ Corporation, Corporate Headquarters change from Exxon Company, U.S.A. to Staff Located Throughout Houston, Exxon Corporation and some of the Signed at Washington, DC, this 21st day of Texas; Amended Certification workers had their unemployment March, 1995. Regarding Eligibility To Apply for insurance (UI) taxes paid to Exxon Victor J. Trunzo, Worker Adjustment Assistance Corporation. Program Manager, Policy and Reemployment Accordingly, the Department is Services, Office of Trade Adjustment In accordance with Section 223 of the amending the certification to properly Assistance. Trade Act of 1974 (19 USC 2273) the reflect this matter. [FR Doc. 95–7930 Filed 3–30–95; 8:45 am] Department of Labor issued a The amended notice applicable to Certification of Eligibility to Apply for TA–W–27,977 is hereby issued as BILLING CODE 4510±30±M Worker Adjustment Assistance follows: applicable to all workers of the subject ‘‘All workers providing technical, firm. marketing and administrative support for the The certification notice was issued on domestic exploration and production of December 18, 1992 and published in the crude oil and natural gas at the Corporate Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16677 [TA±W±30,647] behalf of workers and former workers at [TA±W±30,472 and TA±W±30,472A] Huls America, Incorporated, Elizabeth, Amerada Hess Corporation New Jersey (TA–W–30,799). Exxon Company, U.S.A. a/k/a Exxon Headquartered in Houston, Texas and The petitioners have requested that Corporation Santa Ynez Production Operating at Various Locations in the the petition be withdrawn. Division Thousand Oaks, CA, and Following States: TA±W±30,647A Consequently, further investigation in Exxon Company, U.S.A. a/k/a Exxon Oklahoma, TA±W±30,647B Louisiana, this case would serve no purpose, and Corporation Houston/Corpus Christi TA±W±30,647C North Dakota, TA±W± the investigation has been terminated. Production Division, Houston, TX; 30,647D Texas (Except Houston); Amended Certification Regarding Amended Certification Regarding Signed at Washington, DC, this 22nd day Eligibility To Apply for Worker Eligibility To Apply for Worker of March 1995. Adjustment Assistance Adjustment Assistance Victor J. Trunzo, Program Manager, Policy and Reemployment In accordance with Section 223 of the In accordance with Section 223 of the Services, Office of Trade Adjustment Trade Act of 1974 (19 USC 2273) the Trade Act of 1974 (19 USC 2273) the Assistance. Department of Labor issued a Department of Labor issued a [FR Doc. 95–7932 Filed 3–30–95; 8:45 am] Certification of Eligibility to Apply for Certification of Eligibility to Apply for BILLING CODE 4510±30±M Worker Adjustment Assistance Worker Adjustment Assistance applicable to all workers of the subject applicable to all workers of the subject firm. firm. [TA±W±30,182] The certification notice was issued on The certification was issued on March December 15, 1994 and published in the 7, 1995 and will soon be published in Exxon Co., U.S.A., a/k/a Exxon Federal Register on January 20, 1995 the Federal Register. Corporation, Southwestern Production (60 FR 4195). At the request of the company, the Division, Midland, TX; Amended At the request of the State Agency, the Department reviewed the certification Certification Regarding Eligibility To Department reviewed the certification for workers of the subject firm. New Apply for Worker Adjustment for workers of the subject firm. The findings show that worker separations Assistance investigation findings show a name occurred in other parts of Texas besides change from Exxon Company, U.S.A. to Houston. In accordance with Section 223 of the Exxon Corporation and some of the Accordingly, the Department is Trade Act of 1974 (19 U.S.C 2273) the workers had their unemployment amending the certification to properly Department of Labor issued a insurance (UI) taxes paid to Exxon reflect the correct worker group. Certification of Eligibility to Apply for Corporation. The intent of the Department’s Worker Adjustment Assistance Accordingly, the Department is certification is to include all workers of applicable to all workers of the subject amending the certification to properly Amerada Hess Corporation, Houston, firm. reflect this matter. Texas who were adversely affected by The certification notice was issued on The amended notice applicable to increased imports of crude oil. October 6, 1994 and published in the TA–W–30,472 is hereby issued as The amended notice applicable to Federal Register on October 21, 1994 follows: TA–W–30,647 is hereby issued as (59 FR 53211). follows: ‘‘All workers of Exxon Company, U.S.A. At the request of the State Agency, the a/k/a Exxon Corporation, Santa Ynez ‘‘All workers of Amerada Hess Department reviewed the certification Production Division, Thousand Oaks, Corporation, headquartered in Houston, for workers of the subject firm. The California and the Houston/Corpus Christi Texas (TA–W–30,647) and operating at investigation findings show a name Production Division, Houston, Texas who various locations in the following cited states change from Exxon Company, U.S.A. to became totally or partially separated from who became totally or partially separated Exxon Corporation and some of the employment on or after October 25, 1993 are from employment on or after January 17, workers had their unemployment eligible to apply for adjustment assistance 1994 are eligible to apply for adjustment under Section 223 of the Trade Act of 1974.’’ assistance under Section 223 of the Trade Act insurance (UI) taxes paid to Exxon Corporation. Signed at Washington, DC, this 21st day of of 1974: TA–W–30,647A Oklahoma, TA–W– March, 1995. 30,647B Louisiana, TA–W–30,647C North Accordingly, the Department is Victor J. Trunzo, Dakota, TA–W–30,647D Texas, exc Houston’’ amending the certification to properly Signed at Washington, DC, this 21st day of reflect this matter. Program Manager, Policy and Reemployment March, 1995. Services, Office of Trade Adjustment The amended notice applicable to Assistance. Victor J. Trunzo, TA–W–30,182 is hereby issued as [FR Doc. 95–7928 Filed 3–30–95; 8:45 am] Program Manager, Policy and Reemployment follows: BILLING CODE 4510±30±M Services, Office of Trade Adjustment ‘‘All workers of Exxon Company, U.S.A. Assistance a/k/a Exxon Corporation, Southwestern [FR Doc. 95–7931 Filed 3–30–95; 8:45 am] Production Division, Midland, Texas who Office of the Secretary BILLING CODE 4510±30±M became totally or partially separated from employment on or after August 8, 1993 are Agency Recordkeeping/Reporting eligible to apply for adjustment assistance Requirements Under Review by the [TA±W±30,799] under Section 223 of the Trade Act of 1974.’’ Office of Management and Budget Signed at Washington, DC, this 21st day of Huls America, Incorporated, Elizabeth, March, 1995. March 28, 1995. NJ; Notice of Termination of Victor J. Trunzo, Investigation The Department of Labor has Program Manager, Policy and Reemployment submitted the following public Pursuant to Section 221 of the Trade Services, Office of Trade Adjustment information collection requests (ICRs) to Act of 1974, an investigation was Assistance. the Office of Management and Budget initiated on March 13, 1995 in response [FR Doc. 95–7938 Filed 3–30–95; 8:45 am] (OMB) for review and clearance under to a worker petition which was filed on BILLING CODE 4510±30±M the Paperwork Reduction Act (44 U.S.C. 16678 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices Chapter 35) of 1980, as amended (P.L. reimbursed to their new employer for a 92–463 as amended), notice is hereby 96–511). Copies may be obtained by prompt decision on payment, and to given of a meeting of the Labor Advisory calling the Department of Labor expedite the project. Committee for Trade Negotiations and Departmental Clearance Officer, Type of Review: Revision. Trade Policy. Kenneth A. Mills ((202) 219–5095). Agency: Bureau of Labor Statistics. DATE, TIME AND PLACE: April 13, 1995, Comments and questions about the ICRs Title: Employment, Wages, and 10:00 am–12:00 noon, U.S. Department listed below should be directed to Mr. Contribution (ES–202) Report. of Labor, Room S–1011, 200 Mills, Office of Information Resources OMB Number: 1220–0012. Constitution Ave., NW., Washington, Management Policy, U.S. Department of Frequency: Quarterly. D.C. 20210. Labor, 200 Constitution Avenue, NW., Affected Public: State, Local or Tribal Government. PURPOSE: The meeting will include a Room N–1301, Washington, DC 20210. review and discussion of current issues Comments should also be sent to the Number of Respondents: 53. Estimated Time Per Respondent: which influence U.S. trade policy. Office of Information and Regulatory 4,680 hours. Potential U.S. negotiating objectives and Affairs, Attn: OMB Desk Officer for Total Burden Hours: 992,160. bargaining positions in current and (BLS/DM/ESA/ETA/OAW/MSHA/ Description: The ES–202 report, anticipated trade negotiations will be OSHA/PWBA/VETS), Office of which is provided to the Bureau of discussed. Pursuant to section 9(B) of Management and Budget, Room 10102, Labor Statistics by State Employment the Government in the Sunshine Act, 5 Washington, DC 20503 ((202) 395– Security Agencies, is used by the U.S.C. 552b(c)(9)(B) it has been 7316). Individuals who use a Employment and Training determined that the meeting will be telecommunications device for the deaf Administration in the administration of concerned with matters the disclosure (TTY/TDD) may call (202) 219–4720 Unemployment Insurance (UI) of which would seriously compromise between 1:00 p.m. and 4:00 p.m. Eastern programs; by the Bureau of Economic the Government’s negotiating objectives time, Monday through Friday. Analysis as the input to Gross Domestic or bargaining positions. Accordingly, Type of Review: Extension. Product and personal income estimates; the meeting will be closed to the public. Agency: Employment Standards by the Bureau of Labor Statistics as an FOR FURTHER INFORMATION CONTACT: Administration. employment benchmark and as the Fernand Lavallee, Director, Trade Title: Certification by School Official. sampling frame for its establishment Advisory Group. Phone: (202) 219– OMB Number: 1215–0061. surveys; and by public and private 4752. Agency Number: CM–981. researchers. Frequency: Annually. Signed at Washington, DC, this 27th day of Type of Review: Revision. March 1995. Affected Public: Not-for-profit Agency: Bureau of Labor Statistics. Joaquin Otero, institutions; State, Local or Tribal Title: Response Analysis Survey of Government. BLS 790 and ES–202 Reports. Deputy Under Secretary, International Number of Respondents: 1,500. OMB Number: 1220–0089. Affairs. Estimated Time Per Respondent: 10 Agency Number: CES/UI RAS. [FR Doc. 95–7933 Filed 3–30–95; 8:45 am] minutes. Frequency: On occasion. BILLING CODE 4510±28±M Total Burden Hours: 250. Affected Public: State, Local or Tribal Description: The CM–981 is Governments; Businesses or other for- completed by school officials to verify profit; Not-for-profit institutions. NATIONAL CAPITAL PLANNING whether a beneficiary’s dependent, aged Number of Respondents: 1,080. COMMISSION 18 to 23, qualifies as a full-time Estimated Time Per Respondent: 30 dependent student. minutes. Environmental Assessment; Total Burden Hours: 540. Availability, etc.: Washington, DC, Type of Review: Extension. Description: The Current Employment Sports and Entertainment Arena, Agency: Employment Standards Statistics Survey and Employment and Construction and Operation Administration. Wages Program are the primary sources Title: Claim for Reimbursement— of employment and wage information AGENCY: National Capital Planning Assisted Reemployment. used to measure economic performance. Commission. OMB Number: 1215–0178. The Response Analysis Survey ACTION: Proposed construction and Agency Number: CA–2231. continues the Bureau of Labor Statistics’ operation of a sports and entertainment Frequency: Four times per year. efforts to review the sources of arena in Washington, DC; Affected Public: Businesses or other information available to respondents, to environmental assessment: notice of for-profit; Not-for-profit institutions; better match available records to availability. Federal Government; State, Local or program definitions, and to improve the Tribal Government. quality of the data. SUMMARY: The National Capital Planning Number of Respondents: 180. Commission (Commission) announces Signed at Washington, DC this 28th day of Estimated Time Per Respondent: 30 March 1995. the availability of a Draft Environmental minutes. Theresa M. O’Malley, Assessment (Draft EA) prepared by the Total Burden Hours: 360. District of Columbia as part of the Acting Departmental Clearance Officer. Description: The CA–2231 is the form submission requirement in support of employers submit to the Office of [FR Doc. 95–7968 Filed 3–30–95; 8:45 am] Commission action on a proposed Worker’s Compensation Program to BILLING CODE 4510±24±27 modification to the Urban Renewal Plan claim reimbursement for wages paid for the downtown Urban Renewal Area under the assisted reemployment Labor Advisory Committee for Trade and site and building plans for the demonstration project. The form Negotiations and Trade Policy; proposed construction and operation of summarizes terms of employment of Meeting Notice a sports and entertainment arena in Federal employees who acquired a downtown Washington, DC. The Draft disability through an on-the-job injury Pursuant to the provisions of the EA has been prepared in conjunction and the amount of wages to be Federal Advisory Committee Act (P.L. with the DC Government. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16679 DATES: All written comments on issues Foundation announces the following proprietary or confidential nature, including regarding the environmental review of meeting: technical information; financial data, such as salaries; and personal information the proposed sports and entertainment Name: Special Emphasis Panel in arena must be postmarked by close of # concerning individuals associated with the Biological Sciences ( 1754). proposals. These matters are exempt under 5 business May 1, 1995 and sent to the Date and Time: April 14–15, 1995, 8:30 U.S.C. 552b(c) (4) and (6) of the Government a.m.–5:00 p.m. National Capital Planning Commission, in the Sunshine Act. 801 Pennsylvania Avenue, NW, Suite Location: Room 380, National Science Dated: March 27, 1995. 301, Washington, DC 20576. Attention: Foundation, 4201 Wilson Blvd., Arlington, Mr. Maurice Foushee, Community VA. M. Rebecca Winkler, Type of Meeting: Closed. Committee Management Officer. Planner, Phone: (202) 724–0174. Contact Person: Dr. Charles Keith, C–RUI [FR Doc. 95–7879 Filed 3–30–95; 8:45 am] FOR FURTHER INFORMATION PLEASE Program Coordinator, Division of Biological CONTACT: Instrumentation and Resources, Room 615, BILLING CODE 7555±01±M National Capital Planning Commission, NSF, 4201 Wilson Blvd., Arlington, VA 801 Pennsylvania Avenue, NW, Suite 22230, (703) 306–1472. Purpose of Meeting: To provide advice and Advisory Panel for Anthropological 301, Washington, DC 20576. Attention: recommendations concerning proposals and Geographic Sciences; Notice of Ms. Sandra H. Shapiro, General submitted to NSF for financial support. Meetings Counsel, Phone: (202) 724–0187. Agenda: To review and evaluate proposals SUPPLEMENTARY INFORMATION: This received in response to the first Collaborative In accordance with the Federal Research at Undergraduate Institutions Notice of Availability initiates a 30-day Advisory Committee Act (Pub. L. 92– agency and public review period for this competition being run by the BIO and MPS directorates. 463, as amended), the National Science document. It is important that Federal, Reason for Closing: The proposals being Foundation (NSF) announces the regional and local commenting agencies, reviewed include information; financial data, following Seven meetings. and interested and affected individuals such as salaries; and personal information Name: Advisory Panel for Anthropological and groups take this opportunity to concerning individuals associated with the and Geographic Sciences #1757. proposals. These matters are exempt under 5 review the draft environmental Date and Time: May 7–8, 1995; 9:00 a.m.– document and provide written comment U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act. 5:00 p.m. on environmental issues. Place: The Minneapolis Hilton and Copies of the Draft EA will be Dated: March 27, 1995. Towers, 1001 Marquette Avenue South, available for inspection at the offices of M. Rebecca Winkler, Minneapolis, Minnesota 55403–2440. the National Capital Planning Committee Management Officer. Contact Person: John E. Yellen, Program Commission at 801 Pennsylvania [FR Doc. 95–7880 Filed 3–30–95; 8:45 am] Director for Archaeology, National Science Foundation, 4201 Wilson Boulevard, Room Avenue NW; the lobby of One Judiciary BILLING CODE 7555±01±M Square at 441 Fourth Street, NW; the 995, Arlington, VA 22230. Telephone: (703) District Building at 1350 Pennsylvania 306–1759. Advisory Panel for Cognitive, Agenda: To review and evaluate Avenue NW; at Martin Luther King, Jr. archaeology proposals as a part of the Memorial Library at 901 G Street, NW, Psychological and Language selection process for awards. Sciences; Notice of Meeting and upon request. Notice of the Date and Time: April 24, 1995; 9:00 a.m.– availability of the Draft EA will be In accordance with the Federal 5:00 p.m. published in local papers and copies of Advisory Committee Act (Pub. L. 92– Place: National Science Foundation, this notice will be mailed to those 463, as amended), the National Science Stafford Place, 4201 Wilson Boulevard, Room individuals who left a legible address at Foundation announces the following 920, Arlington, VA 22230. the public scoping meeting held on Contact Person: John E. Yellen, Program meeting. February 13, 1995, on this project. Director for Archaeometry, National Science Under the provisions of Section 106 Name: Advisory Panel for Cognitive, Foundation, 4201 Wilson Boulevard, Room Psychological and Language Sciences 995, Arlington, VA 22230. Telephone: (703) of the National Historic Preservation Act # (NHPA), the Commission is required to ( 1758). 306–1759. Date and Time: April 19–21, 1995; 9:00 Agenda: To review and evaluate consult with the DC State Historic a.m.–6:00 p.m. archaeometry proposals as part of the Preservation Office and determine the Place: National Science Foundation, selection process for awards. effect of the proposed project on historic Stafford Place, 4201 Wilson Boulevard, Room Date and Time: May 1, 1995; 1:00 p.m. properties. A separate document 390, Arlington, VA 22230. (EST). addressing the Commission’s Type of Meeting: Part-Open. Place: Via Conference call with Program Contact Person: Dr. Paul G. Chapin, responsibilities under NHPA will be Director. Program Director for Linguistics, National available in several weeks. Contact Person: John E. Yellen at the Science Foundation, 4201 Wilson Boulevard, National Science Foundation, 4201 Wilson Sandra H. Shapiro, Arlington, VA 22230. Telephone: (703) 306– Boulevard, Room 995, Arlington, Virginia General Counsel, National Capital Planning 1731. 22230. Telephone: (703) 306–1759. Commission. Minutes: May be obtained from the contact Agenda: To review and evaluate systematic [FR Doc. 95–7975 Filed 3–30–95; 8:45 am] person listed above. collections proposals as part of the selection BILLING CODE 7502±02±M Purpose of Meeting: To provide advice and recommendations concerning proposals process for awards. submitted to NSF for financial support. Date and Time: May 4–5, 1995; 9:00 a.m.– Agenda: Open session: Friday, April 21, 5:00 p.m. NATIONAL SCIENCE FOUNDATION 1995; 9:00 a.m.–12:00 p.m. Place: National Science Foundation, Closed session: April 19–20, 1995, 9:00 Stafford Place, 4201 Wilson Boulevard, Room Special Emphasis Panel in Biological a.m.–6:00 p.m. and April 21, 1995, 12:00 370, Arlington, VA 22230. Sciences; Notice of Meeting p.m.–6:00 p.m. To review and evaluate Contact Person: Dr. Stuart Plattner, linguistics proposals as part of the selection Program Director for Cultural Anthropology, In accordance with the Federal process for awards. National Science Foundation, 4201 Wilson Advisory Committee Act (Pub. L. 92– Reason for Closing: The proposals being Boulevard, Arlington, VA 22230. Telephone: 463, as amended), the National Science reviewed include information of a (703) 306–1758. 16680 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices Agenda: To review and evaluate cultural Cellular Biosciences, Room 655, National Advisory Panel Meeting for Genetics anthropology proposals as part of the Science Foundation, 4201 Wilson Blvd., and Nucleic Acids; Notice of Meeting selection process for awards. Arlington, VA 22230. Date and Time: April 17, 1995; 10:00 a.m.– Purpose of Meeting: To provide advice and In accordance with the Federal 8:00 p.m. recommendations concerning research Advisory Committee Act (Pub. L. 92– Place: National Science Foundation, proposals submitted to the Molecular 463, as amended), the National Science Stafford Place, 4201 Wilson Boulevard, Room Biochemistry Program of the Division of Foundation announces the following Molecular and Cellular Biosciences at NSF 370, Arlington, VA 22230. meeting: Contact Person: Dr. Stuart Plattner, for financial support. Director for Cultural Anthropology, National Agenda: To review and evaluate molecular Name: Advisory Panel for Genetics & # Science Foundation, 4201 Wilson Boulevard, biochemistry proposals as part of the Nucleic Acids ( 1149). Arlington, VA 22230. Telephone: (703) 306– selection process for awards. Date and Time: Wednesday April 19, thru 1758. Reason for closing: The proposals being Friday April 21, 1995, at 8:30 am to 5:00 pm. Agenda: To review and evaluate cultural reviewed include information; financial data, Place: National Science Foundation, 4201 dissertation proposals as part of the selection such as salaries; and personal information Wilson Blvd., Arlington, VA, Room 370. process for awards. concerning individuals associated with the Type of Meeting: Closed. proposals. These matters are exempt under 5 Date and Time: April 24–25, 1995; 8:00 Contact Person: DeLill Nassar Program U.S.C. 552b(c), (4) and (6) of the Government Director for Eukaryotic Genetics, Division of a.m.-5:00 p.m. in the Sunshine Act. Place: National Science Foundation, 4201 Molecular and Cellular Biosciences, Room Wilson Boulevard, Room 970, Arlington, VA Dated: March 27, 1995. 655, National Science Foundation, 4201 22230. M. Rebecca Winkler, Wilson Blvd., Arlington, VA 22230. Contact Person: Dr. James W. Harrington, Committee Management Officer. Telephone: (703) 306–1439. Purpose of Meeting: To provide advice and or David Kirtland, Program Directors for [FR Doc. 95–7876 Filed 3–30–95; 8:45 am] Geography, National Science Foundation, recommendations concerning proposals BILLING CODE 7555±01±M 4201 Wilson Boulevard, Room 995, submitted to NSF for financial support. Arlington, VA 22230. Telephone: (703) 306– Agenda: To review and evaluate proposals 1754. submitted to the Eukaryotic Genetics Agenda: To review and evaluate geography Advisory Panel for Neuroscience; Program in the Division of Molecular & proposals as part of the selection process for Notice of Meeting Cellular Biosciences at NSF as part of the awards. selection process for awards. In accordance with the Federal Reason for Closing: The proposals being Type of Meetings: Closed. Advisory Committee Act (Pub. L. 92– reviewed include information of a Purpose of Meetings: To provide advice 463, as amended), the National Science proprietary or confidential nature, including and recommendations concerning support for technical information, financial data, such as research proposals submitted to the NSF for Foundation announces the following salaries; and personal information financial support. meeting. Reason for Closing: The proposals being concerning individuals associated with the Name: Advisory Panel for Neuroscience proposals. These matters are exempt under 5 reviewed include information of a (1158.) U.S.C. 552b(c), (4) and (6) of the Government proprietary or confidential nature, including Date and Time: April 20–21, 1995, 9:00 in the Sunshine Act. technical information; financial data, such as am. to 5:00 p.m. salaries; and personal information Place: National Science Foundation, Rm Dated: March 27, 1995. concerning individuals associated with the 310, 4201 Wilson Boulevard, Arlington, VA. M. Rebecca Winkler, proposals. These matters are exempt under 5 Type of Meeting: Part-Open. Committee Management Officer. U.S.C 552b(c) (4) and (6) of the Government Contact Person: Dr. James Koening, [FR Doc. 95–7875 Filed 3–30–95; 8:45 am] in the Sunshine Act. Program Director, Neuroendocrinology; BILLING CODE 7555±01±M Dated: March 27, 1995. Division of Integrative Biology and Neuroscience, Room 685, National Science M. Rebecca Winkler, Foundation, 4201 Wilson Blvd., Arlington, Committee Management Officer. VA 22230; Telephone: (703) 306–1423. DOE/NSF Nuclear Science Advisory [FR Doc. 95–7878 Filed 3–30–95; 8:45 am] Purpose of Meeting: To provide advice and Committee; Notice of Meeting BILLING CODE 7555±01±M recommendations concerning proposals submitted to NSF for financial support. In accordance with the Federal Minutes: May be obtained from the contact Advisory Committee Act (Pub. L. 92– Advisory Panel for Biochemistry and person listed above. 463, as amended), the National Science Agenda: Open Session: April 21, 11:00 Molecular Structure and Function; Foundation announces the following a.m. to 12:00 p.m., To discuss research trends meeting. Notice of Meeting and opportunities in Neuroendocrinology. Name: DOE/NSF Nuclear Science Advisory In accordance with the Federal Closed Session: April 20, 9:00 a.m. to 5:00 p.m.; April 21, 1995, 9:00 a.m. to 11:00 a.m., Committee (1208). Advisory Committee Act (Pub. L. 92– 12:00 p.m. to 5:00 p.m.; To Date and Time: April 19, 1995 from 3:00 463, as amended), the National Science Neuroendocrinology proposals as part of the p.m. to 8:00 p.m. Foundation announces the following selection process for awards. Place: National Science Foundation, Room meeting. Reason for Closing: The proposals being 1295, 4201 Wilson Blvd., Arlington, VA reviewed include information of a 22230. Name: Advisory panel for Biochemistry proprietary or confidential nature, including Type of Meeting: Open. and Molecular Structure and Function. technical information; financial data, such as Contact Person: John W. Lightbody, (1134) salaries; and personal information Program Director for Nuclear Physics, Date and Time: Wednesday, Thursday and concerning individuals associated with the National Science Foundation, 4201 Wilson Friday, April 19, 20, 21, 1995 8:30 a.m. to proposals. These matters are exempt under 5 Blvd., Arlington, VA 22230, Telephone: (703) 5:00 p.m. U.S.C. 552b(c) (4) and (6) of the Government 306–1890. Place: National Science Foundation, 4201 in the Sunshine Act. Minutes: May be obtained from the Wilson Boulevard, Room 320, Arlington, VA Dated: March 27, 1995. contract person listed above. 22230. Purpose of Meeting: To advise the National Type of Meeting: Closed. M. Rebecca Winkler, Science Foundation and the Department of Contact Persons: Dr. Marcia Steinberg or Committee Management Officer. Energy on scientific priorities within the Dr. Jack Cohen, Program Directors, Molecular [FR Doc. 95–7877 Filed 3–30–95; 8:45 am] field of basic nuclear science research. Biochemistry, Division of Molecular and BILLING CODE 7555±01±M Agenda: Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16681 * Presentation of Interim Report of the Name: Special Emphasis Panel in Materials Dated: March 27, 1995. Long Range Plan Working Group (E. Research (DMR). M. Rebecca Winkler, Moniz) Date and Time: Wednesday, April 19th, Committee Management Officer. * Discussion of the essential components 8:00 a.m. [FR Doc. 95–7873 Filed 3–30–95; 8:45 am] of the recommendations to the agencies Place: National Science Foundation, Room * Discussion of progress and plans for 310, 4201 Wilson Boulevard, Arlington, VA BILLING CODE 7555±01±M completion of the Long Range Plan 22230. * Discussion of the transmittal of the Type of Meeting: Closed. Subcommittee Report on RHIC Contact Person: G.X. Tessema, DMR, H. Advisory Committee for Engineering; Experimental Equipment Hollis Wickman, DMR, 703–306–1995. Meeting * Public Comment (*) Purpose of Meeting: To provide advice and In accordance with the Federal (*) Persons wishing to speak should make recommendations concerning support for arrangements through the Contact Person DMR 1995 Faculty Early Career Development Advisory Committee Act (Pub. L. 92– identified above. (CAREER) Program proposals. 463, as amended), the National Science Foundation announces the following Dated: March 27, 1995. Agenda: Evaluation of proposals. Reason for Closing: The proposals being meeting. M. Rebecca Winkler, reviewed include information of a Committee Management Officer. Name and Committee Code: Advisory proprietary or confidential nature, including Committee for Engineering (#1170). [FR Doc. 95–7870 Filed 3–30–95; 8:45 am] technical information, financial data such as Date and Time: BILLING CODE 7555±01±M salaries, and personal information April 20, 1995/9:30 am—5:00 pm concerning individuals associated with the April 21, 1995/8:30 am—12 Noon proposals. These matters are exempt under 5 Place: Room 1235 National Science Board Special Emphasis Panel in Chemical U.S.C. 552b(c) (4) and (6) of the Government Meeting Room), National Science and Transport Systems; Meetings in the Sunshine Act. Foundation, 4201 Wilson Boulevard, Dated: March 27, 1995. Arlington, VA. In accordance with the Federal M. Rebecca Winkler, Type of Meeting: Open. Contact Person: Dr. William S. Butcher, Advisory Committee Act (Pub. L. 92– Committee Management Office. Advisory Committee for Engineering, 463, as amended), the National Science [FR Doc. 95–7872 Filed 3–30–95; 8:45 am] Foundation (NSF) announces the National Science Foundation, Room 505, BILLING CODE 7555±01±M 4201 Wilson Boulevard, Arlington, VA following meeting: 22230. Telephone: (703) 306–1330. Name: Special Emphasis Panel in Minutes: May be obtained from the contact Chemical and Transport Systems (#1190). Advisory Panel for Physiology and person listed above. Date and Time: April 17–18, 1995; 8:30 Behavior Purpose of Meeting: To provide advice, a.m. to 5:00 p.m. recommendations and counsel on major goals Place: National Science Foundation, 4201 In accordance with the Federal and policies pertaining to Engineering programs and activities. Wilson Boulevard, Rooms 390, 580, Advisory Committee Act (Pub. L. 92– Arlington, VA 22230. Agenda: Discussion on issues, Type of Meeting: Closed. 463, as amended), the National Science opportunities and future directions for the Contact Person: Dr. Maria K. Burka, Foundation announces the following Engineering Directorate; discussion of Program Director, Chemical Reaction meeting. Engineering Directorate budget situation as well as other items. Processes, CTS, Room 525 (703) 306–1371. Name: Advisory Panel for Physiology and Purpose of Meeting: To provide advice and Behavior (#1160). Dated: March 27, 1995. recommendations concerning proposals Date and Time: April 18, and 19, 1995, M. Rebecca Winkler, submitted to NSF for financial support. 8:30 am to 5:00 pm. Committee Management Officer. Agenda: Review and evaluation Place: Room 380, National Science [FR Doc. 95–7874 Filed 3-30–95; 8:45 am] nominations for the NSF Microwave-Induced Foundation, 420 Wilson Boulevard, BILLING CODE 7555±01±M Reaction Initiative Panel as part of the Arlington, Virginia. selection process for awards. Type of Meeting: Part-Open. Reasons for Closing: The proposals being Contact Person: Dr. Machi F. Dilworth, reviewed include information of a Program Director, Integrative Plant Biology, NUCLEAR REGULATORY proprietary or confidential nature, including National Science Foundation, 4201 Wilson COMMISSION technical information; financial data, such as Boulevard, Arlington, Virginia, 22230. salaries and personal information concerning Telephone: (703) 306–1422. High-Way Engineering & Survey Co. et individuals associated with the proposals. Minutes: May be obtained from the contact al; Order These matters are exempt under 5 U.S.C. person listed above. 552b(c)(4) and (6) of the Government in the In the Matter of High-Way Engineering & Sunshine Act. Purpose of Meeting: To provide advice and recommendations concerning proposals Survey Co. and Art High, dba High-Way Dated: March 27, 1995. submitted to NSF for financial support. Engineering & Survey Co.; Docket No. 030– M. Rebecca Winkler, Agenda: To review and evaluate Integrative 32271, License No. IDA–234 (Expired) EA Committee Management Officer. Plant Biology proposals as part of the No. 95–024. [FR Doc. 95–7871 Filed 3–30–95; 8:45 am] selection process for awards. Order to Cease and Desist Use and Open Session: April 18, 1995, 1:30 to 2:30 BILLING CODE 7555±01±M Possession of Regulated Byproduct pm—To discuss research trends and Material opportunities in Integrative Plant Biology. Special Emphasis Panel in Materials Reason for Closing: The proposals being I reviewed include information of a Research; Meeting High-Way Engineering & Survey Co. proprietary or confidential nature, including technical information; financial data, such as (Licensee), is the holder of expired In accordance with the Federal salaries; and personal information Byproduct Materials License No. IDA– Advisory Committee Act (Pub. L. 92– concerning individuals associated with the 234 (License) which was issued by the 463 as amended), the National Science proposals. These matters are exempt under 5 State of Idaho and subsequently became Foundation announces the following U.S.C. 552b(c), (4) and (6) of the Government a Nuclear Regulatory Commission (NRC meeting. in the Sunshine Act. or Commission) license on April 26, 16682 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 1991, when the State of Idaho storage and that it planned to sell the A. Immediately cease and desist from discontinued its regulation of gauge and terminate the License. any further use of byproduct material radioactive materials. Mr. Art High During a January 19, 1995 telephone now in their possession, with the (owner) is the president of the Licensee. conversation, the Licensee stated that exception that sealed source(s) The License authorized the possession the reasons it had not divested itself of containing cesium-137 or americium- and use of 10 millicuries of cesium-137 the gauge was that it had been unable 241:beryllium shall be tested for leakage and 50 millicuries of americium- to sell the gauge and that the by a person authorized to perform the 241:beryllium in sealed sources in manufacturer wanted a significant test prior to transfer of the source(s) to gauges. The License expired on June 30, amount of money to take possession of another person or entity, if a leak test 1991. the gauge. On January 24, 1995, the has not been performed within the last six months prior to the transfer. II Licensee was again contacted by telephone and, despite being told that B. Maintain safe control over the On January 24, 1995, the Licensee the gauge manufacturer would take byproduct material, as required by 10 informed the NRC that it still has a possession of the gauge for no charge, CFR part 20, by keeping the material in Campbell-Pacific nuclear gauge in its the Licensee refused to transfer it. locked storage and not allowing any possession, which is currently stored in person access to the material, except for a locked storage shed on the Licensee’s III purposes of assuring the material’s property near Bonners Ferry, Idaho. The The Licensee remains in possession of continued safe storage and the testing Licensee neither submitted an NRC-licensed byproduct material with required by Paragraph A, until the application for renewal of the License an expired NRC license. Possession of material is transferred to a person prior to its expiration on June 30, 1991, such material is prohibited. At the time authorized to receive and possess the as required by 10 CFR 30.37 nor notified the License expired, 10 CFR 30.36(c) material in accordance with the the Commission, in writing under 10 required NRC licensees, in the absence provisions of this Order and the CFR 30.36, of a decision not to renew of a timely request for license renewal, Commission’s regulations. the License. Mr. Art High, the owner to terminate licensed activities and to C. Transfer all byproduct material in and Radiation Safety Officer, stated the their possession within 30 days to a properly dispose of licensed material on Licensee’s intention to terminate the person authorized to receive and or before the expiration date of the License in telephone conversations on possess the material. If the Licensee license. The Licensee has violated this February 27 and March 23, 1992, and does not have sufficient funds to requirement by continuing to possess a again on January 19, 1995. As of the complete the transfer, the Licensee must Campbell-Pacific Nuclear Model MC–3 date of this order, the Licensee has provide, within 10 days of this Order, series moisture density gauge after its neither transferred the licensed material evidence supporting such a claim by License expired on June 30, 1991. to an authorized recipient nor applied submitting to the Director, Office of for an NRC license. Improper handling of the cesium-137 Enforcement, U.S. Nuclear Regulatory The Licensee was notified of the and americium-241:beryllium sealed Commission, Washington, DC 20555: (1) pending expiration of its License in sources can result in an unnecessary An estimate of the cost of the transfer telephone conversations with the NRC exposure to radiation. The Atomic and the basis for the estimate, including Region IV Office staff prior to the Energy Act and the Commission’s the license numbers and identities of License expiration on June 30, 1991. regulations require that possession of the persons who have provided The NRC also corresponded with the NRC-licensed material be under a estimates of the cost of the transfer; (2) Licensee concerning the status of its regulated system of licensing and written statements from at least two NRC license. Specifically, an NRC letter inspection. The Licensee’s possession of banks stating that neither Art High, nor dated February 28, 1992, reiterated the NRC-licensed material without a valid High-Way Engineering & Survey Co., Licensee’s stated intent to divest itself of NRC license and its unwillingness to qualify for a loan to pay for the transfer; the Campbell-Pacific Nuclear Model respond to numerous NRC written and (3) copies of the Federal income tax MC–3 series moisture density gauge and verbal communications to apply for an returns of Art High, and High-Way requested that by March 20, 1992, the NRC license, demonstrate that it is Engineering & Survey Co., for the years Licensee transfer all licensable material either unable or unwilling to comply 1993, 1992, 1991, and 1990: and (4) a to a properly authorized recipient and with NRC requirements. signed statement agreeing to allow the provide a completed NRC Form 314 to Given the circumstances surrounding NRC to receive credit information on assure that the transfer has been the Licensee’s possession of the Art High and High-Way Engineering & completed. A second NRC letter dated byproduct material and its failure to Survey Co., from a credit agency. In March 25, 1992, again reiterated the respond to communications with the addition, if the Licensee has not been Licensee’s intent to divest itself of the NRC, I lack the requisite reasonable able to find an authorized person who gauge and asserted the basis for the assurance that the health and safety of will accept the byproduct material, the NRC’s authority to license byproduct the public will be protected while the Licensee must provide to the Director, materials and to charge fees. The Licensee remains in possession of the Office of Enforcement, at the address Licensee also stated its intent during a radioactive material without the stated above, within 10 days of the date May 4, 1992 telephone conversation required NRC license. of this Order, the names of the persons with the NRC to either transfer the IV who have been contacted regarding byproduct material to another licensee acceptance of the byproduct material or become properly licensed. Accordingly, in accordance with and the dates that the contacts were On March 17, 1994, a special, Section 8, 161b, 161c, 161i, and 161o of made. A SUBMITTAL OF EVIDENCE unannounced inspection was conducted the Atomic Energy Act of 1954, as SUPPORTING THE LACK OF by the NRC. The results of the amended, and 10 CFR parts 20 and 30, SUFFICIENT FUNDS DOES NOT inspection were documented in an April IT IS HEREBY ORDERED THAT High- EXCUSE NONCOMPLIANCE WITH 15, 1994 letter. During the inspection, Way Engineering & Survey Co. and Mr. THIS ORDER. the Licensee stated that it possessed one Art High, dba High-Way Engineering & D. At least two working days to the gauge which was maintained in locked Survey Co. shall: date of the transfer of the byproduct Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16683 material, notify Dr. D. Blair Spitzberg, has collected in below ground sewage Pike, Rockville, MD 20852, or by mail Chief, Nuclear Materials Licensing piping and manholes, and (3) processing Commission, Washington, DC 20555. Branch, NRC, Region IV, by telephone ground water that may build up around For further details with respect to this (817–860–8191) so that the NRC may, if the facility in the future. The action, see the licensee’s request for it elects, observe the transfer of the amendment requires that these activities license amendment dated March 1, material to the authorized recipient. begin immediately and be completed 1995, and the letters referenced above, E. Within seven days following within 90 days. The license amendment which are available for inspection at the completion of the transfer, provide to references letters from the licensee Commission’s Region III Office, 801 the Regional Administrator, Region IV, dated January 27, February 2, 10, 14, Warrenville Road, Lisle, Illinois. in writing, under oath or affirmation: (1) and March 1, 3, 8, and 10, 1995. Dated: at Lisle, Illinois, this 24th day of Confirmation on NRC Form 314, as The NRC hereby provides notice and March, 1995. required by 10 CFR 30.36(c) at the time an opportunity for a hearing on the John A Grobe, the License expired, that the cesium-137 license amendment under the Chief, Nuclear Materials Inspection, Section and americium-241:beryllim byproduct provisions of 10 CFR part 2, subpart L, 2, Division of Radiation Safety and material have been transferred, (2) the ‘‘Informal Hearing Procedures for Safeguards, RIII. last date that the byproduct material Adjudications in Materials and Operator [FR Doc. 95–7923 Filed 3–30–95; 8:45 am] was used, (3) a copy of the survey Licensing Proceedings.’’ Pursuant to BILLING CODE 7590±01±M performed in accordance with 10 CFR Section 2.1205(a), any person whose 30.36, as required by the regulation at interest may be affected by this the time the License expired, and (4) a proceeding may file a request for a [Docket No. 50±416] copy of the certification from the hearing in accordance with section authorized recipient that the source has 2.1205(c). A request for a hearing must Entergy Operations, Inc.; Grand Gulf been received. be filed within thirty (30) days of the Nuclear Station, Unit 1; Environmental Copies of the response to this Order date of publication of this Federal Assessment and Finding of No shall be sent to the Regional Register notice. Significant Impact Administrator, Region IV, 611 Ryan The request for a hearing must be The U.S. Nuclear Regulatory Plaza Dr., Suite 400, Arlington, Texas filed with the Office of the Secretary Commission (the Commission) is 76011–8064, and to the Assistant either: considering issuance of an exemption General Counsel for Hearings and (1) By delivery to the Docketing and from certain requirements of its Enforcement, U.S. Nuclear Regulatory Service Branch of the Office of the regulations to Facility Operating License Commission, Washington, DC 20555. Secretary at One White Flint North, No. NPF–29, issued to Entergy After reviewing your response, the 11555 Rockville Pike, Rockville, MD Operations, Inc. (the licensee), for NRC will determine whether further 20852; or operation of the Grand Gulf Nuclear action is necessary to ensure (2) By mail or telegram addressed to Station, Unit 1 (GGNS), located in compliance with NRC requirements. the Secretary, U.S. Nuclear Regulatory Claiborne County, Mississippi. Dated at Rockville, Maryland this 24th day Commission, Washington, DC 20555, of March 1995. Attention: Docketing and Service Environmental Assessment For the Nuclear Regulatory Commission. Branch. Identification of Proposed Action Hugh L. Thompson, Jr., In addition to meeting other The proposed action is in accordance Deputy Executive Director for Nuclear applicable requirements of 10 CFR Part with the licensee’s application dated Materials Safety, Safeguards, and Operations 2 of the NRC’s regulations, a request for October 24, 1994, for exemption from Support. a hearing filed by a person other than certain requirements of 10 CFR 73.55, [FR Doc. 95–7921 Filed 3–30–95; 8:45 am] an applicant must describe in detail: ‘‘Requirements for physical protection BILLING CODE 7590±01±M (1) The interest of the requestor in the of licensed activities in nuclear power proceeding; reactors against radiological sabotage.’’ (2) How that interest may be affected [License No. 19089±01] The exemption would allow by the results of the proceeding, implementation of a hand geometry including the reasons why the requestor Advanced Medical Systems, Inc; biometric system for site access control should be permitted a hearing, with Notice of Amendment to Byproduct such that picture badges and access particular reference to the factors set out Materials and Opportunity for Hearing control cards for certain non-employees in § 2.1205(g); can be taken offsite. This provides notice to the public that (3) The requestor’s areas of concern the U.S. Nuclear Regulatory about the licensing activity that is the The Need for the Proposed Action Commission has issued a license subject matter of the proceeding; and Pursuant to 10 CFR 73.55, paragraph amendment to Byproduct Material (4) The circumstances establishing (a), the licensee shall establish and License No. 34–19089–01 issued to that the request for a hearing is timely maintain an onsite physical protection Advanced Medical Systems, Inc. for in accordance with § 2.1205(c). system and security organization. possession and use of byproduct Each request for a hearing must also 10 CFR 73.55(d), ‘‘Access material, cobalt-60 and cesium-137, at be served, by delivering it personally or Requirements,’’ paragraph (1), specifies the licensee’s Cleveland, Ohio facility. by mail to: that ‘‘licensee shall control all points of The licensee requested the amendment (1) The licensee, Advanced Medical personnel and vehicle access into a by letter dated March 1, 1995, to Systems, Inc., to the attention of protected area.’’ 10 CFR 73.55(d)(5) establish plans and schedules for (1) Seymour S. Stein, Ph.D., President, 121 specifies that ‘‘A numbered picture dealing with the accumulation of North Eagle Street, Geneva, Oh 44041; badge identification system shall be ground water in and around the AMS and used for all individuals who are facility basement and that stored in (2) The NRC staff, by delivery to the authorized access to protected areas above ground tanks, (2) immobilizing Executive Director for Operations, One without escort.’’ 10 CFR 73.55(d)(5) also and/or remediating contamination that White Flint North, 11555 Rockville states that an individual not employed 16684 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices by the licensee (i.e., contractors) may be function would preclude unauthorized released offsite, and there is no authorized access to protected areas use of a badge, the requested exemption significant increase in the allowable without escort provided the individual would allow employees and contractors individual or cumulative occupational ‘‘receives a picture badge upon entrance to keep their badges at the time of radiation exposure. Accordingly, the into the protected area which must be existing the protected area. The process Commission concludes that there are no returned upon exit from the protected of verifying badge issuance, ensuring significant radiological environmental area * * *’’ badge retrieval, and maintaining badges impacts associated with the proposed Currently, employee and contractor could be eliminated while the balance action. identification badges, coupled with of the access procedure would remain With regard to potential their associated access control cards, are intact. Firearm, explosive, and metal nonradiological impacts, the proposed issued and retrieved on the occasion of detection equipment and provisions for action does involve features located each entry to and exit from the conducting searches will remain as entirely within the restricted area as protected areas of the Grand Gulf site. well. The security officer responsible for defined in 10 CFR part 20. It does not Station security personnel are required the last access control function affect nonradiological plant effluents to maintain control of the badges while (controlling admission to the protected and has no other environmental impact. the individuals are offsite. This practice area) will also remain isolated within a Accordingly, the Commission concludes has been in effect at the Grand Gulf bullet-resistant structure in order to that there are no significant Nuclear Station since the operating assure his or her ability to respond or nonradiological environmental impacts license was issued. Security personnel to summon assistance. associated with the proposed action. retain each identification badge, as well Use of a hand geometry biometrics as the associated access control card, system exceeds the present verification Alternative to the Proposed Action when not in use by the authorized methodology’s capability to discern an Since the Commission has concluded individual, within appropriately individual’s identity. Unlike the there is no measurable environmental designed storage receptacles inside a photograph identification badge, hand impact associated with the proposed bullet-resistant enclosure. An individual geometry is nontransferable. During the action, any alternatives with equal or who meets the access authorization initial access authorization or greater environmental impact need not requirements is issued an individual registration process, hand be evaluated. As an alternative to the picture identification card and an measurements are recorded and the proposed action, the staff considered individual access control card which template is stored for subsequent use in denial of the proposed action. Denial of allows entry into preauthorized areas of the identity verification process the application would result in no the station. While entering the plant in required for entry into the protected change in current environmental the present configuration, an authorized area. Authorized individuals insert their impacts. The environmental impacts of individual is ‘‘screened’’ by the required access authorization card into card the proposed action are similar. detection equipment and by the issuing reader and the biometrics system security officer. Having received the records an image of the hand geometry. Alternative Use of Resources badge, the individual proceeds to the The unique features of the newly This action does not involve the use access portal, inserts the access control recorded image are then compared to of any resources not previously card into the card reader, enters a the template previously stored in the considered in the Final Environmental personal identification number (PIN), database. Access is ultimately granted and passes through the turnstile which based on the degree to which the Statements related to operation of Grand unlocks if the preset criteria are met. characteristics of the image match those Gulf Nuclear Station, Unit 1. Once inside the station, the individual’s of the ‘‘signature’’ template. Agencies and Persons Consulted PIN is not required in order to further Since both the badge and hand utilize the access authorization card. geometry would be necessary for access In accordance with its stated policy, This present procedure is labor into the protected area, the proposed the staff consulted with the Mississippi intensive since security personnel are system would provide for a positive State official regarding the required to verify badge issuance, verification process. Potential loss of a environmental impact of the proposed ensure badge retrieval, and maintain the badge by an individual, as a result of action. The State official had no badges in orderly storage until the next taking the badge offsite, would not comments. entry into the protected area. The enable an unauthorized entry into Finding of No Significant Impact regulations permit employees to remove protected areas. their badges from the site, but an The access process will continue to be Based upon the environmental exemption from 10 CFR 73.55(d)(5) is under the observation of security assessment, the Commission concludes required to permit contractors to take personnel. The system of identification that the proposed action will not have their badges offsite instead of returning badges coupled with their associated a significant effect on the quality of the them when exiting the site. access control cards will continue to be human environment. Accordingly, the used for all individuals who are Commission has determined not to Environmental Impacts of the Proposed authorized access to protected areas prepare an environmental impact Action without escorts. Badges will continue to statement for the proposed action. The Commission has completed its be displayed by all individuals while For further details with respect to this evaluation of the licensee’s application. inside the protected area. Addition of a proposed action, see the request for Under the proposed system, all hand geometry biometrics system will exemption dated May 27, 1994, which individuals authorized to gain provide a significant contribution to is available for public inspection at the unescorted access will have the physical effective implementation of the security Commission’s Public Document Room, characteristics of their hand (hand plan at each site. 2120 L Street, NW., Washington, DC, geometry) recorded with their badge The change will not increase the and at the local public document room number. Since the hand geometry is probability or consequences of located at the Judge George W. unique to each individual and its accidents, no changes are being made in Armstrong Library, 220 S. Commerce application in the entry screening the types of any effluents that may be Street, Natchez, Mississippi 39120. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16685 Dated at Rockville, Maryland this 27th day balance of the meeting. The For the Nuclear Regulatory Commission. of March 1995. Subcommittee will then hear Joseph R. Gray, For the Nuclear Regulatory Commission. presentations by and hold discussions Deputy Director, Office of Enforcement. Paul W. O’Connor, with representatives of the NRC staff [FR Doc. 95–7918 Filed 3–30–95; 8:45 am] Senior Project Manager, Project Directorate and NRC contractors regarding this BILLING CODE 7590±01±M IV–1, Division of Reactor Projects III/IV, Office review. of Nuclear Reactor Regulations. Further information regarding topics [FR Doc. 95–7920 Filed 3–30–95; 8:45 am] Draft Report on Responsiveness to the to be discussed, the scheduling of BILLING CODE 7590±01±M Public; Availability sessions, whether the meeting has been canceled or rescheduled, and the The Nuclear Regulatory Commission Nuclear Safety Research Review Chairman’s ruling on requests for the (NRC) has published its Draft Report on Committee; Meeting of Waste opportunity to present oral statements Responsiveness to the Public. It has Subcommittee and the time allotted therefore can be been a long-standing policy of the NRC obtained by a prepaid telephone call to to conduct its business activities in an AGENCY: Nuclear Regulatory Mr. George Sege (telephone 301/415– open and public manner, and in recent Commission. 6593) between 8:00 a.m. and 4:30 p.m. years NRC has moved to be even more ACTION: Notice of meeting. (EST). Persons planning to attend this open and responsive to the public. The meeting are urged to contact the above public is defined as individual citizens, The NSRRC Waste Subcommittee will named individual one or two business public interest groups, petitioners, hold a meeting on May 1, 1995 in Room days before the scheduled meeting to be licensees, industry groups, contractors, C–103, Main Building, Department of advised of any changes in schedule, etc., the Congress, and others with whom Energy Federal Building, 2753 South NRC does business. Highland, Las Vegas, Nevada. that may have occurred. Recent initiatives to be more The meeting will be open to public Dated: March 27, 1995. responsive to the public have included attendance. George Sege, increased use of public workshops for The subject of review will be research Technical Assistant to the Director, Office rulemaking activities, participatory addressed to assessing the safety of of Nuclear Regulatory Research. rulemaking, a pilot program opening high-level waste disposal. [FR Doc. 95–7919 Filed 3–30–95; 8:45 am] enforcement conferences to the public, The agenda will be as follows: surveys of licensees to identify ways to 8:00–8:15—Introductory remarks. BILLING CODE 7590±01±M reduce the regulatory burden on 8:15–9:45—Research program overview. licensees, and the Cost Beneficial 10:00–12:00—Review of key technical All Licensees; Receipt of Petition for Licensing Action Program. While these uncertainties and their relationship Director's Decision Under 10 CFR initiatives represent significant to specific research projects 2.206 improvements, the NRC has not (regional hydrologic processes, rock heretofore given responsiveness to the mechanics, performance Notice is hereby given that by a letter public priority attention in all NRC assessment). dated March 8, 1995 from Thomas J. programs nor had there been a 1:15–5:30—Review of key technical systematic review of NRC business Saporito, Jr., to the Executive Director uncertainties and their relationship activities to identify potential for Operations, the NRC received a to specific research projects, improvements. continued (geochemical natural Petition under 10 CFR 2.206 requesting The National Performance Review has analogs, sorption mechanisms, that all licensees be required to review placed new emphasis on Federal integrated waste package their operating procedures in order to agencies ‘‘placing the customer first.’’ experiments, tectonics, volcanic ascertain whether those procedures More can be done to broaden and systems). place any restrictions on the ability of institutionalize public responsiveness 5:30–6:00—Subcommittee discussion. employees to bring safety concerns and openness as an underpinning tenet The Subcommittee will report to the directly to the NRC without following of how NRC does business. In this spirit, full Committee on the facts and analyses the normal chain of command. The on July 27, 1994, the Executive Director discussed at the meeting Petition requests that each licensee be for Operations launched the Public A detailed agenda will be made required to report to the Commission, Responsiveness Initiative asking NRC available at the meeting. under oath or affirmation, that the program directors to identify the Oral statements may be presented by review has been completed, that its business activities where public members of the public with the employees are free to bring concerns to interaction is relatively frequent and to concurrence of the Subcommittee the NRC without following the normal develop Public Responsiveness Chairman; written statements will be chain of command, and that this Improvement Plans. The draft report accepted and made available to the information has been communicated to reflects the initial results of that effort Subcommittee. Questions may be asked all of its employees. and contains improvement plans only by members of the Committee and Petitioner’s request is being prepared by the offices. The the staff. Persons desiring to make oral considered pursuant to 10 CFR 2.206 of improvement plans are being published statements should notify the Nuclear for public comment so that NRC can the Commission’s regulations. Action Regulatory Commission staff member consider comments and make will be taken on these requests within named below as far in advance as is adjustments and improvements in the a reasonable time. A copy of the Petition practicable so that appropriate plans as implementation proceeds. arrangements can be made. is available for inspection at the Those considering public comment During the initial portion of the Commission’s Public Document Room may obtain a free single copy of draft meeting, the Subcommittee may at 2120 L Street, NW., Washington, DC. NUREG/BR–0199 by writing to the U.S. exchange preliminary views regarding Dated at Rockville, Maryland this 23rd day Nuclear Regulatory Commission, Office matters to be considered during the of March 1995. of Administration, Printing and Mail 16686 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices Services Section, Washington, DC site is adjacent to Greg Rogers Park SECURITIES AND EXCHANGE 20555–0001. In addition, this draft which is managed by the City of Chula COMMISSION report is available through the Internet Vista for recreational purposes. This property is covered property within the [Release No. 34±35534; File No. SR-AMEX± World Wide Web server, which can be 94±52] accessed by using the Uniform Resource meaning of Section 10 of the Coastal Locator, (URL)http:/www.nrc.gov. A Barrier Improvement Act of 1990, P.L. Self-Regulatory Organizations; Order copy is also available for inspection 101–591 (12 U.S.C. 1441a–3). Approving Proposed Rule Change by and/or copying for a fee in the NRC Written notice of serious interest in the American Stock Exchange, Inc. Public Document Room, 2120 L Street, the purchase or other transfer of all or Relating to S&P MidCap 400 N.W. (Lower Level), Washington, DC any portion of this property must be Depository Receipts 20555–0001. received on or before June 29, 1995 by Written comments should be mailed the Resolution Trust Corporation at the March 24, 1995. appropriate address stated above. to: Secretary, U.S. Nuclear Regulatory I. Introduction and Background Commission, Washington, DC 20555. Those entities eligible to submit Attn: Docketing and Service Branch. written notices of serious interest are: On November 22, 1994, the American Comments may also be submitted over 1. Agencies or entities of the Federal Stock Exchange, Inc. (‘‘Amex’’ or the Internet to: [email protected]. Comments Government; ‘‘Exchange’’) submitted to the Securities must be submitted by May 30, 1995. 2. Agencies or entities of State or local and Exchange Commission (‘‘SEC’’ or government; and, ‘‘Commission’’), pursuant to Section Dated at Rockville, Maryland, this 27th day 3. ‘‘Qualified organizations’’ pursuant of March, 1995. 19(b)(1) of the Securities Exchange Act to section 170(h)(3) of the Internal of 1934 (‘‘Act’’),1 and Rule 19b–4 For the Nuclear Regulatory Commission. Revenue Code of 1986 (26 U.S.C. thereunder,2 a proposed rule change to John C. Hoyle, 170(h)(3)). list and trade Standard & Poor’s (‘‘S&P’’) Secretary of the Commission. Written notices of serious interest MidCap 400 Depository Receipts. Notice [FR Doc. 95–7935 Filed 3–30–95; 8:45 am] must be submitted in the following of the proposal appeared in the Federal BILLING CODE 7590±01±M form: Register on December 28, 1994.3 No Notice of Serious Interest comments were received on the Re: [insert name of property] proposed rule change set forth in the RESOLUTION TRUST CORPORATION Federal Register Publication Date: Notice. This order approves the llllllll Exchange’s proposal. Coastal Barrier Improvement Act; [Insert Federal Register publication date] Property Availability; Sunbow/Sunbow II. Description of the Proposal 1. Entity name. 2, San Diego County, CA 2. Declaration of eligibility to submit The Amex proposes to list and trade under Amex Rules 1000 et seq. S&P AGENCY: Resolution Trust Corporation. Notice under criteria set forth in the Coastal Barrier Improvement Act of 1990, P.L. 101– MidCap 400 Depositary Receipts. In ACTION: Notice. 591, section 10(b)(2), (12 U.S.C. 1441a– addition, the Exchange proposes to 3(b)(2)), including, for qualified SUMMARY: Notice is hereby given that amend Amex Rule 1000(b)(1) to include organizations, a determination letter from the a reference to the alternative the property known as Sunbow/Sunbow United States Internal Revenue Service 2, located in Chula Vista, San Diego regarding the organization’s status under reinvestment of periodic cash payments County, California, is affected by section 170(h)(3) of the U.S. Internal Revenue to holders to reflect the availability of Section 10 of the Coastal Barrier Code (26 U.S.C. 170(h)(3)). the DTC Dividend Reinvestment Service Improvement Act of 1990 as specified 3. Brief description of proposed terms of (‘‘DRS’’) to holders of Portfolio below. purchase or other offer for all or any portion Depository Receipts (‘‘PDRs’’), and to of the property (e.g., price, method of amend the Amex Rule 1004 disclaimer DATES: Written notice of serious interest financing, expected closing date, etc.). to purchase or effect other transfer of all provision so that it applies to the S&P 4. Declaration of entity that it intends to 4 or any portion of this property may be use the property for wildlife refuge, MidCap 400 Index. mailed or faxed to the RTC until June sanctuary, open space, recreational, A. Portfolio Depository Receipts 29, 1995. historical, cultural, or natural resource conservation purposes (12 U.S.C. 1441a– On December 11, 1992, the ADDRESSES: Copies of detailed 3(b)(4)), as provided in a clear written Commission approved Amex Rules 1000 descriptions of this property, including description of the purpose(s) to which the et seq.5 to accommodate trading on the maps, can be obtained from or are property will be put and the location and Exchange of PDRs, which are securities available for inspection by contacting acreage of the area covered by each that represent interests in a unit the following person: Mr. E. Ted Hine, purpose(s) including a declaration of entity investment trust (‘‘Trust’’) operating on Resolution Trust Corporation, California that it will accept the placement, by the RTC, of an easement or deed restriction on the an open-end basis and holding a Field Office, 4000 MacArthur portfolio of securities. The Trust Boulevard, 2nd Floor, West Tower, property consistent with its intended conservation use(s) as stated in its notice of Newport Beach, CA 92660–2516, (714) serious interest. 1 15 U.S.C. § 78s(b)(1) (1982). 263–4648; Fax (714) 852–7623. 5. Authorized Representative (Name/ 2 17 CFR 240.19b–4 (1994). SUPPLEMENTARY INFORMATION: The Address/Telephone/Fax). 3 Securities Exchange Act Release No. 35127, (December 20, 1994), 59 FR 66982. Sunbow/Sunbow 2 property is located List of Subjects: Environmental east of Interstate Highway 805 and south 4 The S&P MidCap 400 Index is a capitalization- protection. weighted index of 400 actively traded securities of Telegraph Canyon Road in Chula Dated: March 27, 1995. that includes issues selected from a population of Vista, California. The site consists of 1,700 securities, each with a year-end market-value approximately 604 acres of undeveloped Resolution Trust Corporation. capitalization of between $200 million and $5 land with coastal sage scrub habitat. William J. Tricarico, billion. The issues included in the Index cover a Assistant Secretary. broad range of major industry groups, including This property contains wetlands and industrials, transportation, utilities, and financials. habitat for the Federally-listed [FR Doc. 95–7894 Filed 3–30–95; 8:45 am] 5 See Securities Exchange Act Release No. 31591 endangered California gnatcatcher. The BILLING CODE 6714±01±M (December 11, 1992), 57 FR 60253. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16687 sponsor (‘‘Sponsor’’) of each series of movement of the appropriate number of The minimum fractional change for PDRs is PDR Services Corporation, a MidCap SPDRs to the account of the MidCap SPDRs shall be 1⁄32 of $1.00.10 wholly-owned subsidiary of the Amex.6 entity placing the order. MidCap SPDRs C. Redemption The purpose of each Trust is to allow will be maintained in book-entry form at investors to purchase PDRs, securities DTC. MidCap SPDRs in Creation Unit size that represent proportionate undivided Payment with respect to creation aggregations will be redeemable in kind interests in a Trust’s underlying orders placed through the Distributor by tendering them to the Trustee. While securities portfolio, that trade like will be made by (1) the ‘‘in-kind’’ holders may sell MidCap SPDRs in the shares of common stock, and that pay to deposit with the Trustee of a specified secondary market at any time, they must PDR holders periodic dividends portfolio of securities that is formulated accumulate at least 25,000 (or multiples proportionate to those paid with respect to mirror, to the extent practicable, the thereof) to redeem them through the to the underlying portfolio of securities, component securities of the underlying Trust. MidCap SPDRs will remain less certain expenses, as described in index or portfolio, and (2) a cash outstanding until redeemed or until the the applicable Trust prospectus. PDRs payment sufficient to enable the Trustee termination of the Trust. Creation Units are issued by a Trust in a specified to make a distribution to the holders of will be redeemable on any business day in exchange for a portfolio of the minimum aggregate quantity (‘‘Creation beneficial interests in the Trust on the securities held by the Trust identical in Unit’’) in return for a deposit consisting next dividend payment date as if all the weighting and composition to the of specified numbers of shares of stock securities had been held for the entire securities portion of a Portfolio Deposit plus a cash amount. The first Trust to accumulation period for the distribution in effect on the date a request is made be formed in connection with the (‘‘Dividend Equivalent Payment’’), for redemption, together with a ‘‘Cash issuance of PDRs was based on the S&P subject to certain specified Component’’ (as defined in the Trust 500 Composite Stock Price Index (‘‘S&P adjustments.8 The securities and cash prospectus), including accumulated Index’’), known as Standard & Poor’s accepted by the Trustee are referred to, dividends, less expenses, through the Depository Receipts (‘‘SPDRs’’). SPDRs in the aggregate, as a ‘‘Portfolio date of redemption. The number of have been trading on the Exchange since Deposit.’’ January 29, 1993. shares of each of the securities It is anticipated that the term of the transferred to the redeeming holder will The Exchange now proposes to list MidCap SPDR Trust will be 25 years. and trade under Rules 1000 et seq. be the number of shares of each of the Standard & Poor’s MidCap 400 B. Issuance of MidCap SPDRs component stocks in a Portfolio Deposit on the day a redemption notice is Depositary Receipts (‘‘MidCap Upon receipt of a Portfolio Deposit in received by the Trustee, multiplied by SPDRs’’).7 The Sponsor will enter into payment for a creation order placed the number of Creation Units being a trust agreement with a trustee in through the Distributor as described redeemed. Nominal service fees may be accordance with Section 26 of the above, the Trustee will issue a specified charged in connection with the creation Investment Company Act of 1940. PDR number of MidCap SPDRs, which and redemption of Creation Units. The Distributors, Inc. (‘‘Distributor’’) will act aggregate number is referred to as a Trustee will cancel all tendered as underwriter of MidCap SPDRs on an ‘‘Creation Unit.’’ The Exchange Creation Units upon redemption. agency basis. All orders to create anticipates that a Creation Unit will be MidCap SPDRs in Creation Unit size made up of 25,000 MidCap SPDRs.9 D. Distributions aggregations (which has been set at Individual MidCap SPDRs can then be The MidCap SPDR Trust will pay 25,000) must be placed with the traded in the secondary market like dividends quarterly. The regular Distributor, and it will be the other equity securities. Portfolio quarterly ex-dividend date for MidCap responsibility of the Distributor to Deposits are expected to be made SPDRs will be the third Friday in transmit such orders to the Trustee. The primarily by institutional investors, March, June, September, and December, Distributor is a registered broker-dealer, arbitragers, and the Exchange specialist. unless that day is a New York Stock a member of the National Association of On November 17, 1994, the value of an Exchange holiday, in which case the ex- Securities Dealers, Inc., and a wholly- individual MidCap SPDR would have dividend date will be the preceding owned subsidiary of Signature Financial been approximately $34.37. Thursday. Holders of MidCap SPDRs on Group, Inc. The Trustee or Sponsor will make the business day preceding the ex- To be eligible to place orders to create available (1) on a daily basis, a list of the dividend date will be entitled to receive MidCap SPDRs as described below, an names and required number of shares an amount representing dividends entity or person either must be a for each of the securities in the current accumulated through the quarterly participant in the Continuous Net Portfolio Deposit; (2) on a minute-by- dividend period preceding such ex- Settlement (‘‘CNS’’) system of the minute basis throughout the day, a dividend date net of fees and expenses National Securities Clearing Corporation number representing the value (on a per for such period. The payment of (‘‘NSCC’’) or a Depository Trust MidCap SPDR basis) of the securities Company (‘‘DTC’’) participant. Upon 10 portion of a Portfolio Deposit in effect PDRs originally traded in minimum fractional acceptance of an order to create MidCap changes of 1⁄8 of $1.00, pursuant to Amex Rule 127. on such day; and (3) on a daily basis, SPDRs, the Distributor will instruct the See Securities Exchange Act Release No. 31591, the accumulated dividends, less Trustee to initiate the book-entry supra note 5. The Commission approved an expenses, per outstanding MidCap Exchange proposal to add Commentary .01 to rule SPDR. 127 to provide that securities listed under Rule 6 Portfolio Depository Receipts and PDRs are 1000 et seq. (PDRs) will trade in minimum service marks of PDR Services Corporation. Transactions in MidCap SPDRs may fractional changes of 1⁄32 of $1.00. See Securities 7 ‘‘Standard & Poor’s 500,’’ ‘‘Standard & Poor’s be effected on the Exchange until 4:15 Exchange Act Release No. 31794 (January 29, 1993), MidCap 400 Index,’’ ‘‘Standard & Poor’s Depository p.m. New York time each business day. 58 FR 7272. Subsequently, the Exchange amended Receipts,’’ ‘‘SPDRs,’’ ‘‘Standard & Poor’s MidCap Commentary .01 to Rule 127 to provide that the 400 Depositary Receipts,’’ and ‘‘MidCap SPDRs’ are minimum fractional change for SPDRs is 1⁄64 of trademarks of McGraw-Hill, Inc., and are being used 8 See ‘‘Distributions,’’ infra. $1.00. See Securities Exchange Act Release No. by the Exchange and the Sponsor under license 9 PDRs may be created in other than Creation Unit 33900 (April 12, 1994), 59 FR 18585. Nevertheless, among S&P (a division of McGraw-Hill, Inc.), the size aggregations in connection with the DTC DRS. the minimum fractional change applicable to Exchange, and the Sponsor. See infra note 12 and accompanying text. MidCap SPDRs will be 1⁄32 of $1.00. 16688 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices dividends will be made on the last will be required to be outstanding when conditions or circumstances detrimental Exchange business day in the calendar trading begins. to the maintenance of a fair and orderly month following the ex-dividend date The MidCap SPDR Trust will be market are present.15 (‘‘Dividend Payment Date’’). On the subject to the initial and continued G. Terms and Characteristics Dividend Payment Date, dividends listing criteria of Rule 1002(b). Rule payable for those securities with ex- 1002(b) provides that twelve months Under Amex Rule 1000, Commentary dividend dates falling within the period after the formation of a Trust and .01, Amex members and member from the ex-dividend date most recently commencement of Exchange trading, the organizations are required to provide to preceding the current ex-dividend date Exchange will consider suspension of all purchasers of PDRs, including through the business day preceding the trading in, or removal from listing of, a MidCap SPDRs, a written description of current ex-dividend date will be Trust when, in its opinion, further the terms and characteristics of such distributed. The Trustee will compute dealing in such securities appears securities, in a form prepared by the on a daily basis the dividends unwarranted under the following Exchange, not later than the time a accumulated within each quarterly circumstances: confirmation of the first transaction in dividend period. Dividend payments (1) If the Trust on which the PDRs are each series is delivered to such will be made through DTC and its based has more than 60 days remaining purchaser. The Exchange also requires participants to all such holders with until termination and there have been that such a description be included with funds received from the Trustee. fewer than 50 record and/or beneficial any sales material on MidCap SPDRs The MidCap SPDR Trust intends to holders of the PDRs for 30 or more that is provided to customers or the make the DTC DRS available for use by consecutive trading days; or public. Any other written materials MidCap SPDR holders through DTC (2) if the index on which the Trust is making reference to a series of PDRs as participant brokers for reinvestment of based is no longer calculated; or an investment vehicle must state that a their cash proceeds. Currently, the DTC (3) if such other event shall occur or written description is available from the DRS is available to holders of SPDRs. To condition exist which in the opinion of broker or the Exchange and that a reflect the availability of the DTC DRS the Exchange, makes further dealings on prospectus may be obtained from the to PDR holders, the Amex is proposing the Exchange inadvisable. broker. Similarly, the Exchange requires to amend its Rule 1000(b)(1) definition A Trust shall terminate upon removal that members and member organizations of PDR to state that in addition to being from Exchange listing and its PDRs provide customers with the prospectus made in cash, periodic dividend redeemed in accordance with provisions for MidCap SPDRs upon request. payments to PDR holders may be of the Trust prospectus. A Trust may A member or member organization reinvested in additional PDRs.11 also terminate under such other carrying an omnibus account for a non- Because some brokers may choose not to conditions as may be set forth in the member broker-dealer is required to offer the DTC DRS, an interested Trust prospectus. For example, the inform such non-member that execution investor would have to consult his or Sponsor, following notice to PDR of an order to purchase MidCap SPDRs her broker to ascertain the availability of holders, shall have discretion to direct for that omnibus account will be dividend reinvestment through that that the Trust be terminated if the value deemed to constitute agreement by the broker. The Trustee will use the cash of securities in such Trust falls below a non-member to make the written 13 proceeds of MidCap SPDR holders specified amount. The MidCap SPDR description available to its customers on participating in the reinvestment to Trust will also terminate if the license the same terms as are directly applicable obtain the Index securities necessary to agreement with S&P terminates. to members and member organizations. create the requisite number of SPDRs.12 F. Trading Halts Prior to commencement of trading of MidCap SPDRs, the Exchange will Any cash remaining will be distributed Prior to commencement of trading in distribute to its members and member pro rata to participants in the dividend MidCap SPDRs, the Exchange will issue organizations an Information Circular reinvestment. a circular to members informing them of calling attention to the characteristics of exchange policies regarding trading E. Criteria for Initial and Continued the MidCap SPDR Trust and to halts in such securities. The circular Listing applicable Exchange rules. Because of the open-end nature of the will make clear that, in addition to other Trust upon which a series of PDRs is factors that may be relevant, the H. Amendments to Rules 1000(b) and based, the Exchange believes it is Exchange may consider factors such as 1004 necessary to maintain appropriate those set forth in Rule 819C(b) in The Exchange proposes to amend the flexibility in connection with listing a exercising its discretion to halt or definition of Portfolio Depositary specific Trust. In connection with initial suspend trading. These factors would Receipt in Rule 1000(b) to add a listing, the Exchange establishes a include whether trading has been halted reference to the possible provision by a minimum number of PDRs required to or suspended in the primary market(s) PDR Trust of reinvestment of periodic be outstanding at the time of for any combination of underlying cash proceeds corresponding to the commencement of Exchange trading. stocks accounting for 20% or more of regular cash dividends or declarations With respect to MidCap SPDRs, it is the applicable current index group declared with respect to the underlying 14 anticipated that a minimum of 75,000 value; or whether other unusual stock index securities or portfolio of MidCap SPDRs (i.e., three Creation securities. Amex rule 1004 is also being 13 With respect to the MidCap SPDR Trust, the amended to refer specifically to the S&P Units of 25,000 MidCap SPDRs each), Sponsor has the discretionary right to terminate the Trust if the value of Trust Securities (as defined in MidCap 400 Index. 11 Telephone conversation between Michael the Trust registration statement) falls below Cavalier, Assistant General Counsel, Amex, and $25,000,000 at any time after six months following, III. Discussion Francois Mazur, Attorney, Division of Market and prior to three years following, inception of the The Commission finds that the Regulation, Commission, on February 24, 1995. Trust. Following such time, the Sponsor has the proposed rule change is consistent with 12 The creation of PDRs in connection with the discretionary right to terminate if Trust Securities DTC DRS represents the only circumstance under fall below $100,000,000 in value, adjusted annually the requirements of the Act and the which PDRs can be created in other than Creation for inflation. Unit size aggregations. 14 Amex Rule 918C(b)(3). 15 Amex Rule 918C(b)(4). Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16689 rules and requirements of the Act and stocks. Trading MidCap SPDRs should Accordingly, the level of risk involved the rules and regulations thereunder also provide an easy and inexpensive in the purchase or sale of a MidCap applicable to a national securities method to clear and settle a portfolio of SPDR is similar to the risk involved in exchange and, in particular, the stocks. the purchase or sale of equity securities, requirements of Section 6(b)(5) of the An individual MidCap SPDR recently except that the value of a MidCap SPDR Act.16 Specifically, the Commission would have had a value of is based on a basket of stocks. finds that the Exchange’s proposal to list approximately $34, which should make Nevertheless, the Commission believes and trade S&P MidCap SPDRs will it attractive to individual retail investors that MidCap SPDRs raise disclosure, provide investors with a convenient who wish to hold a security replicating market impact, and secondary market way of participating in the securities the performance of a broad portfolio of trading issues that must be addressed. markets.17 In particular, the medium capitalization stocks. A. Disclosure Commission believes that the Moreover, the Commission believes that Exchange’s proposal will provide MidCap SPDRs will provide investors Existing Amex rules regarding PDRs investors with increased flexibility in with several advantages over standard are applicable to MidCap SPDRs, satisfying their investment needs by open-end mutual funds specializing in ensuring that investors are aware of the allowing them to purchase and sell a medium capitalization stocks. In terms, characteristics, and risks of low cost security replicating the particular, investors will be able to trade trading MidCap SPDRs.24 Accordingly, performance of a broad portfolio of MidCap SPDRs continuously Amex members must provide their stocks at negotiated prices throughout throughout the business day in customers trading MidCap SPDRs with the business day.18 secondary market transactions at a written explanation, prepared by the The Commission believes that listing negotiated prices.21 In contrast, Amex, describing any special and trading products, such as MidCap Investment Company Act Rule 22c–1 22 characteristics and risks attendant to 400 SPDRs, based on a broad portfolio limits holders and prospective holders trading MidCap SPDRs.25 Members and of stocks may benefit the securities of open-end mutual fund shares to member organizations also must include markets by reducing volatility, such as purchasing or redeeming securities of this written product description with that experienced during the October the fund based on the net asset value of any sales material relating to MidCap 1987 and 1989 Market Breaks.19 the securities held by the fund as SPDRs that is provided to customers or Creating a product where actual designated by the board of directors. the public. Finally, any other written portfolios of stocks and instruments Accordingly, MidCap SPDRs will allow materials provided by a member or representing portfolios of stock trade at investors to (1) respond quickly to member organization to customers or a single location in an auction market market changes; (2) trade at a known the public that refer to MidCap SPDRs environmental may alter the dynamics price; (3) engage in hedging strategies as an investment vehicle must include of program trading,20 because the not currently available to retail a statement, in a form specified by the availability of such single transaction investors; and (4) reduce transaction Amex, that a circular and prospectus are portfolio trading could promote more costs for trading a portfolio of securities. available from a broker upon request. A Although the value of MidCap SPDRs traditional block trading techniques. member or member organization is based on the value of the securities The 1987 Market Break Report noted carrying an omnibus account for a non- held in the Trust, MidCap SPDRs are the potential benefits of providing member broker-dealer is required to not leveraged instruments. In essence, institutional investors and member inform such non-member that execution MidCap SPDRs are equity securities that firms with the ability to trade a portfolio of an order to purchase a series of are priced off a portfolio of stocks based of stocks at posts in a single transaction. MidCap SPDRs for such omnibus on the S&P MidCap 400 Index.23 The trading crowd at a single post can account will be deemed to constitute agreement by the non-member to make allow a single transaction in a portfolio 21 Because of potential arbitrage opportunities, of securities to take the place of the Commission believes that MidCap SPDRs will the written product description numerous transactions in individual not trade at a material discount or premium in available to its customers on the same relation to their net asset value. The mere potential terms as member firms.26 for arbitrage should keep the market price of a 16 15 U.S.C. 78f(b)(5) (1988). The Amex’s proposal contains no 17 SPDR comparable to its net asset value, and The Commission approved Amex rules to therefore, arbitrage activity likely will be minimal. special account opening or customer accommodate trading on the Exchange of PDRs in In addition, the Trust will redeem only in-kind, suitability rules applicable to the Securities Exchange Act Release No. 31591, supra thereby enabling the Trust to invest virtually all of note 5. Because the analysis contained in that its assets in securities comprising the MidCap 400 release is applicable to the Amex’s current proposal Index. CFR 220 (1994), requirements for equity margin to list and trade MidCap SPDRs, the Commission 22 17 CFR 270.22c–1 (1994). Investment Company stocks. Accordingly, the Exchange has stated its is incorporating it by reference. Rule 22c–1 generally requires that a registered intention to obtain margin offset treatment with 18 In originally approving PDRs, the Commission investment company issuing a redeemable security, respect to Regulation T customer margin, both for noted that PDRs will benefit investors by allowing its principal underwriter, and dealers in that offsetting positions of MidCap SPDRs and an them to trade securities based on Trusts in security may sell, redeem, or repurchase the equivalent amount of their component securities, secondary market transactions. security only at a price based on the net asset value and for ‘‘cover’’ in accordance with the provisions The Commission notes that unlike open-end next computed after receipt of an investor’s request contained in Section 220.5(c)(3) governing options. funds where investors have the right to redeem to purchase, redeem or resell. The net asset value The Exchange also intend to seek similar margin their fund shares on a daily basis, investors could of a mutual fund generally is computed once daily offset treatment with respect to market maker only redeem MidCap SPDRs in 25,000 share units. Monday through Friday as designated by the charges under Exchange Act Rule 15c3–1(c)(2)(x), Nevertheless, MidCap SPDRs will have the added investment company’s board of directors. The 17 CFR 240.15c3–1(c)(2)(x) (1994). Telephone benefit of liquidity from the secondary market. Commission granted MidCap SPDRs an exemption Conversation with Michael Cavalier, supra note 11. 19 See Division of Market Regulation (‘‘Division’’), from this provision to allow them to trade in the 24 See Amex Rule 1000, Commentary .01. SEC, The October 1987 Market Break (February, secondary market at negotiated prices. See 25 The Amex submitted a MidCap SPDR product 1988) (‘‘1987 Market Break Report’’) and Division, Investment Company Act Release No. 20844 description as an exhibit to its filing. Among other SEC, Market Analysis of October 13, and 16, 1989 (January 18, 1995). things, the product description states that MidCap (December 1990). 23 Because SPDRs will trade like equity securities, SPDRs possess risks similar to those that exist when 20 Program trading is defined as index arbitrage or the margin requirements for MidCap SPDRs, as with investing in a broadly based portfolio of common any trading strategy involving the related purchase other PDRs, will be 150% of current market value stocks, including the risk that the general level of or sale of a ‘‘basket’’ or group of 15 or more stocks for short sales, and 50% of current market value for stock prices may decline. having a total market value of $1 million or more. long positions. These are the usual Regulation T, 12 26 See Amex Rule 1000, Commentary .01. 16690 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices trading of MidCap SPDRs,27 therefore, procedures, that incorporate and rely IV. Conclusion pursuant to Amex Rule 1000(a), the upon existing Amex surveillance For the reasons set forth above, the Amex equity rules governing account procedures governing options and Commission finds that the proposed opening and suitability will apply. Rule equities, will apply to MidCap SPDRs. rule change is consistent with the 411 provides, among other things, that C. Trading Rules requirements of the Act and the rules members shall use due diligence to and regulations thereunder applicable to learn the essential facts relative to every The Commission finds that adequate a national securities exchange, and, in customer, and to every order or account rules and procedures exist to govern the particular, the requirements of Section 28 accepted. trading of MidCap SPDRs. MidCap 6(b)(5).34 As noted above, the trading of B. Market Impact SPDRs, like other PDRs, are equity MidCap SPDRs on a secondary market should provide a variety of benefits to The Commission believes that the securities that will be subject to Amex the marketplace and investors trading Amex has adequately addressed the rules governing the trading of equity portfolios of securities. Accordingly, the potential market impact concerns raised securities, including, among others, Commission believes that MidCap by its proposal. The Exchange’s existing rules governing the priority, parity, and SPDRs will serve to remove trading limit policies regarding PDRs precedence of orders and the impediments to and perfect the will apply to MidCap SPDRs. Thus, responsibilities of specialists. In mechanism of a free and open market MidCap SPDR trading will halt if the addition, the Amex has developed and a national market system, and Amex Rule 117 circuit breaker specific listing and delisting criteria for protect investors and the public interest. parameters are reached.29 Similarly, MidCap SPDRs. These criteria should It Is Therefore Ordered, pursuant to consistent with Amex Rule 918C(b), the help to ensure that a minimum level of Section 19(b)(2) of the Act, that the Amex may consider trading halts in the liquidity will exist in MidCap SPDRs to proposed rule change (SR–AMEX–94– primary market(s) for any combination allow for the maintenance of fair and 52), as amended, is approved. of underlying stocks accounting for 20% orderly markets. Accordingly, the or more of the applicable current index Commission believes that the rules For the Commission, by the division of group value, as well as the existence of governing the trading of MidCap SPDRs Market Regulation, pursuant to delegated 35 other unusual conditions.30 provide adequate safeguards to prevent authority. The Commission believes that the manipulative acts and practices and to Margaret H. McFarland, listing and trading of MidCap SPDRs protect investors and the public interest. Deputy Secretary. will not adversely affect U.S. securities [FR Doc. 95–7988 Filed 3–30–95; 8:45 am] D. Dividend Reinvestment markets.31 The corpus of the MidCap BILLING CODE 8010±01±M SPDR Trust will be a portfolio of stocks The Commission finds that the replicating the S&P MidCap 400 Index, Exchange’s proposal to amend its Rule [Release No. 34±35535; File No. SR±NASD± a broad-based, capitalization-weighted 1000(b) definition of PDRs is consistent 95±8] index consisting of 400 actively traded with the Act. Specifically, the and liquid U.S. stocks. As described amendment makes clear that the DTC Self-Regulatory Organizations; above, the Commission believes that Dividend Reinvestment Service will be National Association of Securities MidCap SPDRs may provide substantial made available for the use of PDR Dealers, Inc.; Order Approving benefits to the marketplace and holders through DTC participant brokers Proposed Rule Change To Extend investors, including enhancing the for the re-investment of the cash Certain SOES Rules Through October stability of the markets for individual proceeds of dividend equivalent 2, 1995 32 stocks. Finally, the PDR surveillance payments.33 This should provide March 27, 1995. investors with a convenient means of re- 27 The exemptions granted by the Commission under the Investment Company Act of 1940 that investing dividend equivalent payments I. Introduction permit the secondary market trading of MidCap received from SPDRs. On February 10, 1995, the National SPDRs, however, are specifically conditioned upon the customer disclosure requirements described Association of Securities Dealers, Inc. Commission acknowledges that during turbulent above. See Investment Company Act Release No. (‘‘NASD’’ or ‘‘Association’’) filed with market conditions the ability of large institutions to 20797 (December 23, 1994), 60 FR 163. redeem or create PDRs could conceivably have an the Securities and Exchange 28 See Amex Rule 411. impact on price levels in the cash market. In Commission (‘‘SEC’’ or ‘‘Commission’’) 29 The circuit breaker rules provide that trading particular, if a PDR is redeemed, the resulting long a proposed rule change pursuant to in the stock, options, and futures markets will halt stock position could be sold into the market, for one hour if the Dow Jones Industrial Average section 19(b)(1) of the Securities thereby depressing process further. The 1 (‘‘DJIA’’) declines 250 points or more from its Commission notes, however, that the redemption or Exchange Act of 1934 (‘‘Act’’) and Rule 2 previous day’s closing level, and thereafter, trading creation of PDRs likely will not exacerbate a price 19b-4 thereunder. The NASD proposes will halt for an additional two hours if the DJIA movement because PDRs will be subject to the to extend through October 2, 1995 declines 400 points from the previous day’s close. equity margin requirements of 50% and PDRs are certain of the prior changes to its Small The triggering of futures price limits for the S&P non-leveraged instruments. In addition, as noted 500, S&P 100, or Major Market Index futures, above, during turbulent market conditions, the Order Execution System (‘‘SOES’’) that however, will not in themselves result in a halt in Commission believes PDRs, including MidCap were implemented in January 1994 MidCap SPDR trading or delayed openings. Such an SPDRs, will serve as a vehicle to accommodate and (‘‘January 1994 Amended SOES event, however, could be considered by the ‘‘bundle’’ order flow that otherwise would flow to Rules’’),3 modified in January 1995 Exchange, along with other factors, in deciding the cash market, thereby allowing such order flow whether to halt trading. to be handled more efficiently and effectively. 34 30 See Securities Exchange Act Release No. 31591, Accordingly, although PDRs and MidCap SPDRs 15 U.S.C. § 78f(b)(5) (1988). supra note 5. could, in certain circumstances, have an impact on 35 17 CFR 200.30–3(a)(12) (1994). 31 The Commission notes that SPDRs have been the cash market, on balance the Commission 1 15 U.S.C. 78s(b)(1) (1988). trading on the Amex since January 29, 1993, believes that the product will be beneficial to the 2 17 CFR 240.19b-4 (1994). without incident. marketplace and can actually aid in maintaining 3 Securities Exchange Act Release No. 33377 (Dec. 32 Even though PDR transactions may serve as orderly markets. 23, 1993), 58 FR 69419 (Dec. 30, 1993) (approving substitutes for transactions in the cash market, 33 The product description also will be changed the Interim SOES Rules on a one-year pilot basis thereby making the order flow in individual stocks to make it clear to investors the availability of the effective January 7, 1994). See also Securities smaller than would otherwise be the case, the Dividend Reinvestment Service. Exchange Act Release No. 33424 (Jan. 5, 1994) Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16691 (‘‘January 1995 Amended SOES (2) Add an automated function for Rules argued that decreasing the Rules’’) 4 and are scheduled to expire updating market maker quotations when minimum exposure limit will increase today. Without further Commission the market maker’s exposure limit has the potential for order queues to action, the SOES rules would revert to been exhausted (market makers using develop and, thus, result in inferior those in effect prior to the January 1994 this update functions may establish an executions for retail customers. Amended SOES Rules. exposure limit equal to the maximum IV. Discussion Although characterized by the NASD order size for that security). as a proposal to extend the January 1995 In contrast, the January 1994 The Commission must approve a Amended SOES Rules, under this Amended SOES Rules included the proposed NASD rule change if it finds proposal, SOES will operate above two changes as well as changes that the proposal is consistent with the significantly different from its current that: requirements of the Act and the rules operation. Most notably, the NASD’s (1) Reduced the maximum size order and regulations thereunder that govern current proposal does not include eligible for SOES execution from 1,000 the NASD.8 In evaluating a given extension of the currently effective 500 shares to 500 shares; and proposal, the Commission examines the share maximum SOES order size (2) Prohibited short sale transactions record before it and relevant factors and limitation and, accordingly, the through SOES. information.9 After balancing the maximum order size will return to 1,000 The January 1995 Amended SOES advantages and disadvantages of shares on March 28, 1995. While the Rules continued all of the January 1994 extension, the Commission believes that methodology for calculating the Amended SOES Rules except for the approval of the March 1995 Amended minimum exposure limit will remain short sale prohibition.6 SOES Rules through October 2, 1995 unchanged from the January 1994 meets the above standards. Specifically, III. Comments Amended SOES Rules, increasing the the Commission believes that returning maximum order size from 500 shares to The Commission received comments the maximum order size to 1,000 shares, 1,000 shares will raise the minimum from seven commenters, with four thus increasing the minimum exposure exposure limit applicable to supporting the proposal and three limit from 1,000 shares to 2,000 shares, unpreferenced orders. For market opposing it. The NASD responded to and maintaining the automated makers electing not to use the these comments in a letter dated March quotation update feature is appropriate automated quotation update feature, the 22, 1995.7 Subsequently, two of the while the NASD considers other minimum exposure limit will rise from original seven commenters submitted methods for handling small orders from 1,000 shares to 2,000 shares and, for letters reiterating their respective retail customers. those electing to use this feature, the positions; one of these supported the In connection with the January 1995 minimum exposure limit will rise from proposal and the other opposed it. Amended SOES Rules, the NASD 500 to 1,000 shares. Moreover, the Generally, commenters supporting the submitted an econometric study current proposal will not reinstate the proposal argue that approval of the conducted by the NASD’s Economic short sale prohibition. Thus, in March 1995 Amended SOES Rules will Research Department 10 and comparison to the January 1994 limit the exposure of market makers to commissioned a consulting economist Amended SOES Rules, the effect of this multiple executions, which will benefit to provide an assessment of the effect of proposal is to remove or alter every retail investors by producing narrower the January 1994 Amended SOES change made to SOES so that retail spreads and more liquid markets. Rules.11 In summary, the NASD’s investor access to the Nasdaq market is Commenters opposed to the proposal improved. argue that the statistical and market 8 15 U.S.C. § 78s(b). The Commission’s statutory Notice of the proposed rule change quality data cited by the NASD in role is limited to evaluating the rules as proposed support of its proposal are not sufficient against the statutory standards. See S. Rep. No. 75, appeared in the Federal Register on 94th Cong., 1st Sess., at 13 (1975). 5 to support the NASD’s position. They February 21, 1995. For the reasons 9 In the Securities Acts Amendments of 1975, discussed below, this order approves contend that the two studies on which Congress directed the Commission to use its the propose rule change until October 2, the NASD relies fail to demonstrate any authority under the Act, including its authority to 1995. increase in market quality as a result of approve SRO rule changes, to foster the the rules and that market makers have establishment of a national market system and II. Description of the Current and Prior promote the goals of economically efficient ample opportunity to update their securities transactions, fair competition, and best Proposals quotes in order to avoid multiple SOES execution. Congress granted the Commission The NASD proposes to extend two of executions. One commenter also argued ‘‘broad, discretionary powers’’ and ‘‘maximum the four January 1994 Amended SOES that the NASD has not provided a flexibility’’ to develop a national market system and to carry out these objectives. Furthermore, Congress Rules. Specifically, the NASD proposes sufficient basis for establishing the gave the Commission ‘‘the power to classify to extend until October 2, 1995 changes minimum exposure limit at 2,000 shares markets, firms, and securities in any manner it that: and that determining the deems necessary or appropriate in the public (1) Reduce the minimum exposure appropriateness of the automated interest or for the protection of investors and to facilitate the development of subsystems within the limit for ‘‘unpreferenced’’ SOES orders quotation update feature is not possible national market system.’’ S. Rep. No. 75, 94th from five times the maximum order size without information about the extent of Cong., 1st. Sess., at 7 (1975). to two times the maximum order size, its use. Commenters opposed to the 10 Securities Exchange Act Release No. 35080 and eliminate the exposure limits for NASD’s January 1994 Amended SOES (Dec. 9, 1994), 59 FR 65109 (Dec. 16, 1994). The ‘‘preferenced’’ SOES orders; and NASD’s Economic Research Department examined Rules and January 1995 Amended SOES Nasdaq bid-ask spreads in specific stocks and price volatility on two sample days each month from (order denying stay and granting interim stay 6 Thus, short sales in compliance with the November 1993 (three months prior to the effective through January 25, 1994) and Securities Exchange NASD’s short sales rule applicable to the Nasdaq date of the rules) through August 1994. Act Release No. 33635 (Feb. 17, 1994) (order market as a whole are permitted in SOES. NASD 11 Letter from John F. Olson, Counsel for the denying renewed application for stay). Manual, Rules of Fair Practices, Sec. 48, CCH NASD, Gibson, Dunn & Crutcher, to Jonathan Katz, 4 Securities Exchange Act Release No. 35275 (Jan. ¶ 2200H. Secretary, SEC (Dec. 30, 1994) (submitting in 25, 1995), 60 FR 6327 (Feb. 1, 1995). 7 Letter from Richard Ketchum, Executive Vice connection with File No. SR–NASD–94–68 analysis 5 Securities Exchange Act Release No. 35364 (Feb. President & Chief Operating Officer, NASD, to entitled The Association Between the Interim SOES 13, 1995), 60 FR 9704 (Feb. 21, 1995). Jonathan G. Katz, Secretary, SEC (Mar. 22, 1995). Continued 16692 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices Economic Research Department found prior to the January 1994 Amended minimum size requirement prescribed that since implementation of the SOES Rules and, thus, the Commission under these rules.14 January 1994 Amended SOES Rules: (a) believes that a sufficient basis exists for The Commission also believes that spreads in Nasdaq securities have approving the NASD’s proposal. extending the automated update declined; and (b) volatility of Nasdaq Effective March 28, 1995, the 1,000 function is consistent with the Firm securities appears to be unchanged, share maximum order size in effect Quote Rule. The update function except for a brief, market-wide period of prior to the January 1994 Amended provides market makers the opportunity volatility in March and April 1994. The SOES Rules will be restored. This will to update automatically their quotations commissioned study reported that while provide retail investors enhanced after executions through SOES;15 under percentage quoted spreads increased a opportunity to obtain execution of the Commission’s firm Quote Rule, statistically insignificant amount, transactions between 500 and 1,000 market makers are entitled to update percentage quoted spreads adjusted for shares and, accordingly, will improve their quotations following an execution other determining factors declined by a access to the Nasdaq market. The and prior to accepting a second order at statistically significant, but Commission believes that the net effect their published quotes.16 economically insignificant, amount. of the instant proposal and the January The Commission notes commenter From this data, the author concluded 1995 Amended SOES Rules is a views that the NASD’s proposal does that the January 1994 Amended SOES substantial departure from the January not go far enough in restoring access Rules did not harm market quality. In 1994 Amended SOES Rules, and would available to investors prior to the support of its current proposal, the eliminate the economically significant January 1994 Amended SOES Rules. As NASD also relies on these studies for restrictions imposed on order entry discussed above, however, the current the proposition that the January 1994 firms by the prior rules. proposal does offer investors Amended SOES Rules and the January The NASD’s proposal will continue significantly wider latitude than the 1995 Amended SOES Rules collectively the methodology for calculating a January 1994 Amended SOES Rules and and individually have improved the market maker’s minimum exposure the January 1995 Amended SOES Rules. quality of the Nasdaq market. limit; that is, two times the maximum Moreover, the limited duration of the In its order approving the January order size rather than the pre-January proposal will give the NASD and 1995 Amended SOES Rules, however, 1994 Amended SOES Rules calculation interested persons an opportunity to the Commission expressed its belief that of five times the maximum order size. assess the broader implications of the empirical data submitted by the Restoring the pre-January 1994 immediate execution of orders between NASD demonstrated neither significant Amended SOES Rules maximum order 500 and 1,000 shares through SOES. improvement to nor serious size of increasing the minimum deterioration in the quality of the exposure limit from 1,000 shares to V. Conclusion Nasdaq market subsequent to the 2,000 shares. As indicated above, the Commission adoption of the January 1994 Amended Moreover, the current methodology has determined to approve the March SOES Rules.12 Since Commission for calculating a market maker’s 1995 Amended SOES Rules through approval of the January 1995 Amended outstanding exposure limit will October 2, 1995. In light of the balance SOES Rules, no data concerning the continue to exclude orders executed of factors described above and the impact of the January 1994 Amended pursuant to a preferencing arrangement. limited duration of the current proposal, SOES Rules or the January 1995 Under the SOES Rules prior to the the Commission believes extension of Amended SOES Rules has been January 1994 Amended SOES Rules, the changed methodology for submitted. The Commission, therefore, both preferenced and unpreferenced calculating the minimum exposure and continues to believe that empirical orders were considered when the addition of an automatic quotation evidence submitted by the NASD calculating a market maker’s remaining exposure limit. Thus, in relative terms, demonstrates neither a significant 14 17 CFR 240.11Ac1–1(c). Nonetheless, the improvement to nor serious the 2,000 share exposure limit Commission is concerned about the potential for deterioration in the quality of the potentially provides greater liquidity delayed and/or inferior executions. In this regard, Nasdaq market subsequent to the compared to the pre-January 1994 the Commission expects the NASD to monitor the Amended SOES Rules’ 5,000 share extent to which exposure limits are exhausted, the adoption of the January 1994 Amended extent to which the automated quotation update SOES Rules. Moreover, the Commission minimum exposure limit. This assures feature is used, and the effects these two aspects believes this is true whether the enhanced access to Nasdaq market have on liquidity. Moreover, the Commission amended SOES rules are viewed makers by both firms with and without expects the NASD to consider the possibility of collectively or individually. preferencing arrangements. enhancements to eliminate the potential for delayed The Commission believes that while and/or inferior executions. The absence of negative implications 15 In its response to commenters, the NASD for market quality must be considered in the proposal does not restore the pre- indicated that 21 percent of market makers in conjunction with other effects of the January 1994 Amended SOES Rules Nasdaq National Market securities use the recent changes to SOES on the investing minimum exposure limit, it provides automated quotation update feature resulting in 38 customers fair access to the Nasdaq percent of all market making positions in Nasdaq public. The current proposal, in National Market securities. Letter from Richard conjunction with termination of the market and reasonable assurance of Ketchum, Executive Vice President & Chief short sale prohibition in January 1995, timely executions. In this regard, the Operating Officer, NASD, to Jonathan G. Katz, restores much of the access retail maximum order size will equal the size Secretary, SEC (Mar. 22, 1995). investors with small orders enjoyed requirement prescribed under the Firm 16 The Firm Quote Rule requires market makers to execute orders at prices at least as favorable as Quote Rule and NASD rules governing their quoted prices. The Rule also allows market Rules and Nasdaq Market Quality prepared by Dean the character of market maker makers a reasonable period of time to update their Furbush, Ph.D., Economists Incorporated (Dec. 30, quotations.13 Moreover, market maker’s quotations following an execution, allows market 1994)). This analysis compared sample days in the minimum exposure limit for makers to reject an order if they have three months prior to and three months after the communicated a quotation update to their exchange effective date of the January 1994 Amended SOES unpreferenced orders will be double its or association, and provides for a size limitation on Rules. liability at a given quote. 17 CFR 240.11Ac1–1(c)(2). 12 Securities Exchange Act Release No. 35275 13 NASD Manual, Schedules to the By-Laws, See also, Securities Exchange Act Release No. (Jan. 25, 1995), 60 FR 6327 (Feb. 1, 1995). Schedule D, Part V, Sec. 2(a), (CCH) ¶ 1819. 14415 (Jan. 16, 1978), 43 FR 4342 (Feb. 1, 1978). Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16693 update feature is consistent with the the same requirements operating (1) The lead barge of the tow must Act. between Chicago (Calumet Harbor), have a raked bow. [See paragraph II.4. The Commission, in the exercise of Illinois, and St. Joseph (Benton Harbor), below.] Comments received at a joint the authority delegated to it by Michigan. These changes should Coast Guard/industry meeting held in Congress, and in light of its experience facilitate the movement of goods along Muskegon, Michigan, on October 24, regulating securities markets and market these routes while maintaining an 1994, indicated that using a box (square participants, has determined that equivalent level of safety. end) barge as the lead for the tow greatly approval of the March 1995 Amended DATES: This exemption is effective reduces the transit speed, thereby SOES Rules until October 2, 1995 is March 31, 1995. Comments must be increasing the transit time. consistent with maintaining investor received on or before May 15, 1995. Representatives from several companies protection and fair and orderly markets, operating barges on the Chicago to ADDRESSES: Comments may be mailed to and that these goals, on balance, Milwaukee route stated that they now the Executive Secretary, Marine Safety outweigh any possible anti-competitive use a rake-end barge as the lead barge. Council (G–LRA/3406) (CGD 95–015), effects on order entry firms and their An increase in speed should reduce the U.S. Coast Guard Headquarters, 2100 customers. transit time to a harbor of safe refuge in Accordingly, the Commission finds Second Street SW., Washington, DC the event of an adverse change in the that the rule change is consistent with 20593–0001, or may be delivered to weather. the Act and the rules and regulations room 3406 at the same address between (2) Paragraph III.5. allows the initial thereunder applicable to the NASD and, 8 a.m. and 3 p.m., Monday through load line survey for barges less than 10 in particular, Sections 15A(b)(6), Friday, except Federal holidays. The years old to be conducted with the barge 15A(b)(9), and 15A(b)(11). In addition, telephone number is (202) 267–1477. remaining in the water, rather than the Commission finds that the rule The Executive Secretary maintains the drydocked or hauled out of the water as change is consistent with the public docket for this notice. Comments presently required. A survey afloat Congressional objectives for the equity will become part of this docket and will should be sufficient in light of the markets, set out in Section 11A, of be available for inspection or copying at restricted nature of the route, the achieving more efficient and effective room 3406, U.S. Coast Guard relatively benign environment of river market operations, fair competition Headquarters, between 8 a.m. and 3 service, and the relatively small portion among brokers and dealers, and the p.m., Monday through Friday, except of time the barges would be operating economically efficient execution of Federal holidays. on Lake Michigan. When the barge investor orders in the best market. FOR FURTHER INFORMATION CONTACT: reaches 10 years of age or upon It is therefore ordered, pursuant to Mr. William Hayden, Office of Marine expiration of its Limited Service Section 19(b)(2) of the Act, that the Safety, Security and Environmental Domestic Voyage Load Line Certificate, instant rule change SR–NASD–95–8 be, Protection, U.S. Coast Guard (G–MTH– whichever occurs first, the survey must and hereby is, approved, effective 3), room 1308, 2100 Second Street, SW., include drydocking. [See paragraph March 28, 1995 through October 2, Washington DC 20593–0001. The III.6.] 1995. telephone number is (202) 267–2988. (3) Carrying cargo to a Lake Michigan port not along the designated route is By the Commission. SUPPLEMENTARY INFORMATION: prohibited. [See paragraph II.2.] The Jonathan G. Katz, Changes to the Chicago to Milwaukee purpose for the exemption is to provide Secretary. Route Exemption uninterrupted service between the [FR Doc. 95–7987 Filed 3–30–95; 8:45 am] inland waterway system and certain On September 21, 1992, the Coast BILLING CODE 8010±01±M Lake Michigan ports and not to Guard published a notice in the Federal circumvent traditional intra-lake service Register (57 FR 43479) announcing that provided by Great Lakes-capable barges. unmanned barges designed for river DEPARTMENT OF TRANSPORTATION service and carrying dry, non-hazardous Establishment of the Chicago to St. Coast Guard cargo from the Illinois River system, via Joseph Route Exemption Chicago and Lake Michigan, to As recommended by ABS Americans [CGD 95±015] Milwaukee, Wisconsin, are exempt from (ABS) on January 9, 1995, the Coast the requirement that they have a Great Load Lines: Barges on Lake Michigan Guard is granting that a similar Lakes Load Line Certificate under 46 exemption with the same restrictions for AGENCY: Coast Guard, DOT. CFR part 45. In order to qualify for the voyages between Calumet Harbor and ACTION: Notice. exemption, the barges must have a Benton Harbor, St. Joseph, Michigan. Limited Service Domestic Voyage Load The Coast Guard is allowing 45 days for SUMMARY: The Coast Guard proposes to Line Certificate and meet certain special public comment and may amend this amend its current policy exempting operating restrictions and conditions. exemption based on the comments unmanned, river-service, dry-cargo Under 46 CFR 45.15(a), Coast Guard received. barges operating on Lake Michigan determined that, due to the sheltered To eliminate duplicative paperwork, between Chicago (Calumet Harbor), nature of the voyage along the coast of an approval for operation on one route Illinois, and Milwaukee, Wisconsin, Lake Michigan and to the special constitutes an approval for operation on from the requirement that they have a restrictions and conditions imposed, it both routes. [See paragraph I.3.] Great Lakes Load Line Certificate. In would be unreasonable to require these For the reasons set out above, the order to qualify for the exemption, the barges to have a Great Lakes load line Coast Guard, under 46 U.S.C. 5108 and barges must meet certain specified under 46 CFR part 45. 46 CFR 45.15(a), amends the exemption requirements intended to provide a Based on experience gained since announced in the notice of September level of safety equivalent to that 1992, the Coast Guard is making the 21, 1992, (57 FR 43479) as follows: provided under the Great Lakes load following changes to the special LIMITED SERVICE DOMESTIC line regulations. Also, the Coast Guard restrictions and conditions for the VOYAGE LOAD LINE ROUTES: proposes to exempt similar barges under exemption: CHICAGO, ILLINOIS, TO MILWAUKEE, 16694 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices WISCONSIN, AND CHICAGO, (c) All manholes are covered and of construction. ABS must be provided ILLINOIS, TO ST. JOSEPH, MICHIGAN secured watertight. with evidence demonstrating 6. The towing vessel operator shall compliance with the ABS River Rules. I. General maintain radio contact with the local 3. The freeboard assigned to the barge 1. A barge operating under the weather radio network. must be at least 24 inches (610 following restrictions and complying 7. Before getting underway, the millimeters). For an open-hopper barge, with the following conditions is exempt, towing vessel operator shall determine the operating freeboard combined with under 46 CFR 45.15(a), from 46 CFR the weather expected along the the height of the cargo box coamings part 45, Great Lakes Load Lines. proposed route. If the following wind must be at least 54 inches (1372 2. This exemption supersedes the speed and wave height limits are millimeters). exemption announced in the notice expected to be exceeded at any time 4. An initial load line survey under 46 published in the Federal Register on during the course of the planned voyage CFR 42.09–25 and subsequent annual September 21, 1992, (57 FR 43479). on Lake Michigan, the towing vessel surveys under 46 CFR 42.09–40 are 3. An approval for operation on either may not leave harbor: required to determine compliance with route described in paragraph II.2. results (a) When operating between Chicago the requirements of this notice, the in an approval for operation on both and Milwaukee. condition of all watertight openings and routes. A load line certificate under closures, and the structural integrity of paragraph II for operation on either Wind Continous the barge. velocity Wave height 5. At the request of the owner, a light- route may be amended, upon written direction (knots) request to ABS Americans, to include vessel structural survey may be operation on both routes. SE, E, NE .. 15 4 feet (1.2 m). conducted with the barge remaining in N, S, W, 20 4 feet (1.2 m). the water, rather than drydocked or II. Operating Restrictions NW, SW. hauled out as required by 46 CFR 42.09– Each barge must have a Limited 25(a), if the barge is less than 10 years Service Domestic Voyage Load Line (b) When operating between Chicago old and the following are met: Certificate under 46 CFR part 44. The and St. Joseph. (a) The draft during the survey does following restrictions apply and must not exceed 15 inches (380 millimeters). appear on the certificate: Wind Continuous (b) The barge is empty and thoroughly velocity Wave height cleaned of all debris, excessive rust, 1. The certificate is valid only for direction (knots) unmanned, river-service, dry-cargo scale, mud, and liquids. (c) Gaugings are taken to the extent barges. N, W, NW, 15 4 feet (1.2 m). necessary to verify that the scantlings 2. Barge operation is limited to SW. are in accordance with approved voyages between Calumet Harbor, E, S, NE, 20 4 feet (1.2 m). SE. drawings. Chicago, Illinois, and Milwaukee, (d) The bottom and side shell plating Wisconsin, and between Calumet While underway, if the wind speed below the light waterline are closely Harbor and Benton Harbor, St. Joseph, and wave height exceed the limits examined internally. If the surveyor Michigan. Barges may make stops at above, the towing vessel must proceed determines that sufficient cause exists, intermediate ports along a route; immediately to the nearest harbor of the surveyor may require that the barge however, they may not carry cargo safe refuge. be drydocked or hauled out and further directly from a Lake Michigan port on 8. The distance from shore during the external examination conducted. one route to a Lake Michigan port on the course of a voyage may not exceed 5 6. When the barge reaches 10 years of other route without first entering the nautical miles. age or upon the expiration of the river system at Calumet Harbor. 9. Towing is permitted only if ice Limited Service Domestic Voyage Load 3. Hazardous materials, as defined in conditions are such that operation of the Line Certificate, whichever occurs first, 46 CFR part 148 and 49 CFR chapter 1, vessel is not imperiled. the barge must be drydocked or hauled subchapter C, may not be carried as 10. Precautions must be taken to out and examined externally. cargo. Cargo is limited to dry prevent shifting of cargo. Dated: March 24, 1995. commodities, such as steel products, 11. The operational requirements in J.C. Card, heavy machinery, dry bulk fertilizer, paragraph II are in addition to other grain, bulk cement, scrap materials, and applicable requirements for operation Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety, Security, and forest products. on the Great Lakes. 4. The towing vessel must have Environmental Protection. adequate horsepower to handle the size III. Barge Conditions [FR Doc. 95–7861 Filed 3–30–95; 8:45 am] of the tow, with a minimum of 1,000 A barge that meets the following BILLING CODE 4910±14±P horsepower. The tow is limited to a requirements is eligible for a Limited maximum of three barges, with the lead Service Domestic Voyage Load Line Notice of Applications for Certificates barge having a raked bow. Certificate. ABS Americas is authorized of Public Convenience and Necessity 5. Before beginning each voyage, the to issue these certificates on behalf of and Foreign Air Carrier Permits Filed towing vessel operator shall ensure that the Coast Guard. Under Subpart Q During the Week each barge of the tow meets the In determining a barge’s suitability for Ended March 24, 1995 following requirements: assignment of a limited service load (a) Deck and side shell plating is free line, the following variances apply: The following Applications for of visible holes, fractures, or serious 1. The barge length to depth ratio Certificates of Public Convenience and indentations, as well as damage that must not exceed 22. Necessity and Foreign Air Carrier would be considered in excess of 2. The barge must be built and Permits were filed under Subpart Q of normal wear. maintained to the minimum scantlings the Department of Transportation’s (b) The cargo box side and end of the American Bureau of Shipping Procedural Regulations (See 14 CFR coamings are watertight. (ABS) River Rules in effect at the time 302.1701 et seq.). The due date for Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16695 Answers, Conforming Applications, or and 414. Answers may be filed within the short range planning period (0–5 Motions to Modify Scope are set forth 21 days of date of filing. years). below for each application. Following Docket Number: 50224 Relocation of existing parallel and the Answer period DOT may process the Date filed: March 21, 1995 connecting taxiways is also proposed. application by expedited procedures. Parties: Members of the International The proposed project would entail Such procedures may consist of the Air Transport Association construction activity limited to current adoption of a show-cause order, a Subject: COMP Telex Reso 033f, Airport property (i.e., site preparation, tentative order, or in appropriate cases Currency Rates Changes for Hungary drainage, paving, lighting, NAVAIDS, a final order without further Proposed Effective Date: April 1, 1995 environmental mitigation, obstruction proceedings. Docket Number: 50231 clearing, and other associated work Docket Number: 50223 Date filed: March 23, 1995 required for the new runway). Date filed: March 20, 1995 Parties: Members of the International The new runway is planned as a non- Due Date for Answers, Conforming Air Transport Association precision instrument runway with Applications, or Motion to Modify Subject: COMP Telex Mail Vote 734, visibility minimums greater than 3⁄4 of a Scope: April 17, 1995 Special Amending Reso from mile. The runway will have an approach Description: Application of Zimbabwe, Telex—Correction slope of 34:1 with a primary surface Independence Air, Inc., pursuant to Proposed Effective Date: April 1, 1995 width of 500 feet. 49 U.S.C. Section 41102, and Subpart Docket Number: 50232 The EIS will include evaluation of a Q of the Regulations, applies for a Date filed: March 23, 1995 no-build alternative and other feasible Certificate of Public Convenience and Parties: Members of the International alternatives that may be identified Necessity authorizing Interstate Air Transport Association during the public scoping meeting. The Scheduled Air Transportation of Subject: COMP Telex Mail Vote 733, proposed new runway would provide persons, property, and mail. Specific Commodity Rates from India, sufficient airfield capacity at MIA to Docket Number: 50228 Telex—Correction accommodate expected aircraft demand Date filed: March 22, 1995 Proposed Effective Date: April 1, 1995 into the 21st century. The increased Due Date for Answers, Conforming Paulette V. Twine, capacity provided by the proposed Applications, or Motion to Modify Chief, Documentary Services Division. project would result in a significant Scope: April 19, 1995 [FR Doc. 95–7911 Filed 3–30–95; 8:45 am] decrease in average aircraft delay times Description: Application of Omni Air BILLING CODE 4910±62±P from the projected no-build conditions. Express, Inc., applies, pursuant to The movement of aircraft operations Sections 41101 and 41102 of Title 49 from existing runways to a new runway of the United States Code, Parts 201 Federal Aviation Administration could result in changes in runway use. and 204 of the Economic Regulations The EIS will determine any noise and Subpart Q of the Procedural Intent to Prepare Environmental Impact impacts associated with the operation of Regulations, for issuance of a Statement, Miami International Airport, the proposed runway. In addition to Certificate of Public Convenience and Miami, Florida noise impacts, the EIS will determine Necessity to authorize Omni to any impacts on air and water quality, provide Non-Scheduled, Charter AGENCY: Federal Aviation wetlands, ecological resources, Interstate and Overseas air Administration, DOT. floodplains, historic resources, transportation of persons. ACTION: Notice of Intent. hazardous wastes and coastal zone Docket Number: 50229 SUMMARY: The Federal Aviation management. Date filed: March 22, 1995 Administration (FAA) is issuing this Public Scoping: To ensure that the Due Date for Answers, Conforming notice to advertise to the public that an full range of issues related to the Applications, or Motion to Modify Environmental Impact Statement (EIS) proposed project are addressed and that Scope: April 19, 1995 will be prepared and considered for the all significant issues are identified, Description: Application of Omni Air proposed construction of a new parallel comments and suggestions are invited Express, Inc., applies, pursuant to east/west runway at Miami International from all interested parties. A public Sections 41101 and 41102 of Title 49 Airport. scoping meeting to identify significant U.S.C., Parts 201 and 204 of the issues will be held in Miami, Florida. Economic Regulations and Subpart Q FOR FURTHER INFORMATION CONTACT: For this meeting we are inviting the of the Regulations, for issuance of a Mr. Bart Vernace, Federal Aviation public as well as the local, State and Certificate of Public Convenience and Administration, Orlando Airports Federal agencies. Necessity to authorize Omni to District Office, 9677 Tradeport Drive, provide Non-Scheduled, Charter Suite 130, Orlando, Florida 32827–5397, Written comments may be mailed to Foreign Air Transportation. (407) 648–6583. the Informational contact listed above Paulette V. Twine, SUPPLEMENTARY INFORMATION: This within 30 days from publication of this Notice. Chief, Documentary Services Division. notice announces that the FAA, in cooperation with Dade County, Florida, Questions may be directed to the [FR Doc. 95–7910 Filed 3–30–95; 8:45 am] will prepare an Environmental Impact individual named above under the BILLING CODE 4910±62±P Statement (EIS) for a proposed new heading, FOR FURTHER INFORMATION parallel transport runway at Miami CONTACT. Aviation Proceedings; Agreements International Airport (MIA). Because of airlines’ rapid growth during 1992 at Issued in Orlando, Florida, March 13, Filed During the Week Ended March 1995. 24, 1995 MIA and the projected future increase in air traffic operations, the Airport Master Charles E. Blair, The following Agreements were filed Plan approved June 29, 1994, Manager, Orlando Airports District Office. with the Department of Transportation recommended the development of a [FR Doc. 95–7984 Filed 3–30–95; 8:45 am] under the provisions of 49 U.S.C 412 new parallel runway (8,600′ x 150′) for BILLING CODE 4910±13±M 16696 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices Charlotte/Douglas International date, time, and place of the scoping Under the terms of the agreement, GM Airport, Charlotte, NC; Environmental meeting and the period for written agreed to provide funds over a period of Impact Statement comments. five years to support highway safety Issued in Atlanta, Georgia, on March 22, research and programs that will prevent AGENCY: Federal Aviation 1995. motor vehicle deaths and injuries. Administration (FAA), DOT. Howard M. Robinson, In the area of child safety, GM agreed ACTION: Notice of Intent. to donate $8,000,000 to qualified Manager, Atlanta Airports District Office. organizations for the purchase and SUMMARY: The Federal Aviation [FR Doc. 95–7985 Filed 3–30–95; 8:45 am] distribution of child safety seats. Of this Administration intends to prepare an BILLING CODE 4910±13±M amount, $4,000,000 will be donated Environmental Impact Statement (EIS) during the first year after the date of the to address environmental and related agreement (approximately $1,000,000 impacts expected to be associated with National Highway Traffic Safety each quarter) and $4,000,000 will be the expansion of Charlotte/Douglas Administration donated over the next four years. The International Airport located at [Docket No. 95±20; Notice 1] seats will be directed to low income and Charlotte, North Carolina. special needs populations that are FOR FURTHER INFORMATION CONTACT: Child Safety Seats; Agreement underserved and culturally diverse. Thomas M. Roberts, Federal Aviation Between General Motors and U.S. NHTSA estimates that these funds Administration, Atlanta Airports Department of Transportation will allow for the purchase and District Office, 1701 Columbia Avenue, distribution of between 125,000 and Suite 2–260, College Park, Georgia AGENCY: National Highway Traffic 200,000 child safety seats for needy 30337–2747 (404) 305–7153. Safety Administration (NHTSA), DOT. families which, in turn, will save at SUPPLEMENTARY INFORMATION: The ACTION: Notice; request for certifications. least 50 lives and prevent approximately 6,000 injuries. Federal Aviation Administration will SUMMARY: This notice describes an prepare an EIS for the proposed project agreement between General Motors Background to construct and operate a third parallel (GM) and the U.S. Department of There are approximately 25 million runway west of the existing runway Transportation (DOT), under which GM young children, under the age of eight 18R/36L with associated taxiways and has agreed to donate funds to one or years old, who need the protection of other related facilities. The location and more qualified organizations for the child safety seats. One fourth of these length of the runway will be determined purchase and distribution of child safety children come from families that are in conjunction with the Airport Master seats. Organizations that wish to receive below the poverty level. Plan Update (AMP) and Part 150 Noise such funds are required to certify in As many as 3 million children in low- Compatibility Program (NCP) which writing that they are qualified, in income families do not have access to will be conducted in the same time accordance with criteria established in adequate child safety seats. An frame as the EIS except under separate the agreement. This notice requests that additional 3 million children or more contracts. The planning for the third such organizations submit certifications have access to child safety seats but, for parallel runway will require close and describes the criteria they must a variety of reasons, are not being coordination between the EIS and AMP meet and the information they must secured in these seats properly. and NCP contractors. submit with their certifications to be Additionally, children with special The FAA plans to coordinate with eligible to receive these funds. transportation needs, such as children Federal, State, and local agencies which DATES: Certifications must be received with disabilities, often require uniquely have jurisdiction by law or special designed child safety seats that are too expertise with respect to any no later than May 1, 1995. ADDRESSES: Certifications should be expensive for most families of average environmental impacts associated with income to afford. the proposed project. submitted to: Office of Occupant Protection, NTS–11, Room 5118, 400 For these and other reasons, millions The EIS will also evaluate cumulative of children ride each day either impacts anticipated to occur as a result Seventh Street, S.W., Washington, D.C. 20590. unprotected or inadequately protected of the implementation of other by child safety seats. A disproportionate foreseeable future improvements at the FOR FURTHER INFORMATION CONTACT: Ms. number of these children are from low Charlotte/Douglas International Airport. Susan Gorcowski, National income or rural families or from It is anticipated a Request For Organizations Division, NTS–11, culturally diverse populations. Qualifications will be advertised in National Highway Traffic Safety To increase child safety seat usage, April or May of this year for a Administration, 400 Seventh Street, child safety seats must be made more consultant to prepare the EIS. S.W., Washington, D.C. 20590. readily available, particularly to PUBLIC SCOPING: The Federal Aviation Telephone (202) 366–2683. underserved low income and special Administration will hold a scoping SUPPLEMENTARY INFORMATION: On needs families. These families must also meeting to solicit input from Federal, December 2, 1994, Secretary of be motivated in the use of child safety State, and local agencies which have Transportation Federico Pen˜ a seats and educated about their proper jurisdiction by law or have specific announced that DOT and GM had usage. expertise with respect to any agreed in principle to a resolution of the Public interest in child passenger environmental impacts associated with investigation by the National Highway safety today is at an all-time high, and the project. In addition, a public scoping Traffic Safety Administration (NHTSA) there are a number of national meeting will be held and the public may into an alleged defect related to motor organizations that work in this area. submit written comments on the scope vehicle safety in certain 1970–1991 GM These organizations, in collaboration of the environmental study to the C/K pickup trucks. The terms of the with state and local affiliates and related address identified in FOR FURTHER resolution were finalized in a separate agencies, distribute child safety seats in INFORMATION CONTACT. A Public Notice agreement that was executed between communities and educate families about issued at a later date will provide the GM and DOT on March 7, 1995. the proper use of these seats and other Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16697 practices that can lead to increased list, must submit a certification. NHTSA and a designation of geographic highway safety. reserves the right to request at that time locations of state and local affiliates that An effective child safety seat program the submission of additional are expected to be involved in the effort. can reach and have a major positive information, not identified in today’s Organizations must also submit impact on large numbers of children, as Federal Register notice, from information regarding the organizations well as their families. To be most organizations seeking to be included on and agencies with which they will be effective, however, the program must the second list. affiliated for purposes of this program. ensure that seats are distributed Based on its review of the (2) Existing program or trained staff primarily to the populations most at certifications received in response to the The organization must certify in writing risk, including underserved low income second Federal Register notice, NHTSA that it shall: and special needs families. If programs will prepare a revised list of have an existing loaner or give-away child do not target these populations, the organizations that have been identified safety seat program or have staff trained in seats could be provided instead to as qualified and appropriate to receive child passenger safety issues families that could otherwise afford to future donations from GM. (As Organizations must have experience, purchase them, with little net benefit. explained earlier, GM will donate either directly or through their affiliates, approximately $1 million in the third List of Qualified Organizations with a loaner or give-away program or quarter of the first year after the date of staff trained in child passenger safety or The agreement between GM and DOT the agreement, $1 million in the fourth related issues. The experience or provides: quarter, and a total of $4 million during training is necessary to ensure that DOT shall identify, on an ongoing basis so the following four-year period.) organizations, or their affiliates, are able as to facilitate timely GM donations, NHTSA may, from time to time, qualified organizations which DOT in its sole to operate such programs, and to meet publish additional notices requesting the deadlines and requirements discretion deems appropriate to receive certifications and prepare additional donations from GM for the purchase and established in the agreement for distribution of child safety seats. GM, in its revised lists of qualified organizations, distributing seats and providing sole discretion, shall select from the list of if it determines it is appropriate to do education. qualified organizations provided by DOT, the so. Organizations must describe their organization(s) to which it will donate funds, Certification Criteria existing loaner or give-away child safety and shall decide the exact amount of funds seat programs and their experience in that each such organization will receive. In accordance with the agreement, in providing education on the use of child The agreement provides further that order to be identified as a ‘‘qualified safety seats or on other related public any organization that is interested in organization,’’ an organization must health issues. They must identify the being identified as a ‘‘qualified certify in writing that it shall meet number of current trained staff and organization’’ must certify to DOT in eleven separate criteria. Each of these provide a description of training writing that it will meet a number of criteria is described below: conducted or taken by their staff and the criteria set forth in the agreement. (1) Work through affiliates dates of last training. Organizations may Today’s notice describes the criteria The organization must certify in writing also describe existing loaner or give- that an organization must meet and the that it shall: away programs, experience in providing information it must submit with its work, through its state or local affiliates, with education and provide the training certification, to be identified as a agencies such as children’s hospitals and information described above for ‘‘qualified organization.’’ Certifications health agencies to identify families who agencies or organizations with which must be received no later than 30 days could not otherwise afford seats or who have they have collaborative relationships. after the date of publication of today’s special needs (3) Low-income or special needs across broad notice in the Federal Register. When Organizations must have established geographic area NHTSA completes its review of the and effective affiliate relationships and The organization must certify in writing certifications, it will prepare a list of on-going collaboration with other that it shall: organizations it has identified as appropriate agencies or organizations distribute the seats to low-income families qualified and appropriate to receive necessary to carry out the effort. and/or families with special needs across a donations for the purchase and Organizations can satisfy this criterion broad geographical area throughout the distribution of child safety seats. by showing that they work either United States NHTSA will provide the list to GM and through their state or local affiliates (i.e., The intent of this provision is to place it in the public docket. units or chapters specifically organized assure that underserved children from This list of organizations will be used to carry out the organization’s mission), culturally diverse populations by GM during the first and second or with other child safety-related throughout the United States receive the quarters of the first year after the date agencies or organizations, such as benefits of the program. Qualified of the agreement, during which time GM children’s hospitals or fire and rescue organizations need not distribute seats will donate a total of approximately $2 agencies. in every state. However, they must have million for the purchase and Organizations may have either a built- a program that is national in scope and distribution of child safety seats. in network or collaborative access to reaches their target populations Within six months (or less) from the such a network. The network must throughout the United States. date of publication of today’s notice, enable the organization to identify Organizations must submit their NHTSA plans to publish a second families of target populations who have mission statements, a description of the notice in the Federal Register not been reached through traditional method they will use to identify requesting certifications from channels, including families who could underserved low income or special organizations that wish to receive not otherwise afford seats or who have needs families, and a list of the donations after the second quarter. Any special needs, and to distribute seats geographic locations that would be organization that wishes to be included and provide education to these families. targeted for receipt of the seats. They on the second list, whether or not the Organizations must submit must demonstrate the ability to identify organization was included on the first information regarding their structure underserved low income and special 16698 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices needs families, and the ability to distribution of seats within the 120-day (8) Added to existing funds and no distribute seats to these families. period and it must include a proposed diversions (4) Mix of child safety seats schedule for the purchase and The organization must certify in writing that it shall: The organization must certify in writing distribution of seats. that it shall: Organizations must also demonstrate add the GM-provided funds to the total of its existing funds spent on the distribution of comply with NHTSA guidelines with respect that the distribution and education child safety seats to low-income families and to the approximate mix of child safety seats efforts funded under this program will not divert any funds currently budgeted to (e.g., infant, toddler, booster, special needs) either create new initiatives, or such activities to other activities Children of differing ages and complement (rather than duplicate) Organizations shall add the GM- transportation needs require different existing initiatives, in the geographic provided funds to the total of their types of child safety seats. The intent of areas to be served. This may be existing funds, if any, spent on the this provision is to assure that the demonstrated by including in the plan, distribution of child safety seats to low children who are recipients under this either letters of support from the income and special needs families and program receive seats that meet their organizations that are (or would be) not divert any funds currently budgeted needs. The provision is also intended to responsible for child safety seat to such activities, if any, to other assure that organizations purchase the programs (such as state highway safety activities. In other words, the funds correct mix of seats for their target offices and state public health agencies) provided by GM must represent new population. or a description of the organization’s and additional resources, and may not Organizations will need to identify plans to coordinate with these be used to replace other funds, if any, the ages and transportation needs of the responsible organizations. that otherwise would have been used for intended recipients and the types of (6) Educate recipients the distribution of child safety seats to seats needed to properly fit the target low-income families and their related group. For example, an organization The organization must certify in writing education activities. No additional targeting special needs children may that it shall: information is required to be submitted need very specialized seats, while a educate recipients of the seats as to methods at this time in support of this element program targeting older children may of proper installation and use of the certification. need convertible toddler and booster While the distribution of child safety (9) Third-party audit child restraint devices. seats is vitally important, and can save The organization must certify in writing Organizations must specify the many children’s lives, the effectiveness that it shall: maximum number of seats they are allow the activities conducted pursuant to capable of distributing within 120 days of those seats in preventing injury and death increases significantly when this program to be audited by such third of their receipt of the funds and the party as selected by DOT amount of funding they are requesting recipients are trained in and follow proper use and installation instructions. Organizations shall allow the from GM to purchase and distribute this activities conducted pursuant to this number of seats. Organizations must Organizations are required, under the agreement, to provide education to the program to be audited by such third specify the proposed mix and types of party as may be selected by DOT. seats needed to serve the age and needs recipients of the seats regarding the proper installation and use of child Organizations shall also maintain of the populations to be targeted (e.g., adequate records to allow an audit to be 25% booster seats, 50% toddler seats, safety seats. Organizations must describe the means they or their conducted. No additional information is 20% infant seats and 5% special needs required to be submitted at this time in seats), and their expected per unit cost affiliates will use to educate families about the proper installation and use of support of this element of the to purchase and distribute each type of certification. seat. Organizations must also describe child safety seats (e.g., hands-on the method used to derive the mix. They demonstration, video, brochures). (10) Enforceable commitments and promises should indicate whether the mix or To assist in this effort, NHTSA will The organization must certify in writing price would change if they receive less that it shall: make resources, including materials and acknowledge and agree that such funding than the full amount requested. technical assistance, available to the commitments and promises shall be (5) Within 120 days selected organizations. enforceable The organization must certify in writing (7) Administrative expenses Organizations shall acknowledge and that it shall: The organization must certify in writing agree that the commitments and distribute all of the seats purchased with the that it shall: promises they make shall be enforceable funds provided by GM to the local agencies through legal process or other within 120 days of the receipt of the funds not use more than 10 percent of the funds provided by GM for administrative expenses appropriate means. No additional Organizations will be required, under related to distribution of the seats information is required to be submitted the agreement, to purchase and at this time in support of this element distribute all of the seats to local Organizations shall use no more than of the certification. agencies within 120 days of receipt of 10 percent of the funds provided by GM (11) No assumption of responsibility the funds. To satisfy this criterion, for administrative expenses related to The organization must certify in writing organizations must demonstrate the the distribution of the seats. Examples that it shall: ability to meet this requirement. of administrative expenses include acknowledge and agree that GM does not Organizations must submit a plan operational overhead such as secretarial assume or bear any responsibility for the describing how they will reach a broad support, telephone expenses, and time organization’s commitments, the selection of geographical area and how they will of paid staff to help develop the plans the safety seats actually purchased or identify the low income and special for these efforts. No additional distributed, or the education of recipients of needs families to be served by this information is required to be submitted the seats as to proper use program. The plan must describe how at this time in support of this element The organization shall acknowledge they will accomplish the purchase and of the certification. and agree that GM does not assume or Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16699 bear any responsibility for the (iii) distribute the seats to low-income issues; the number of trained staff; a organization’s commitments, the families and/or families with special needs description of training conducted or selection of the safety seats actually across a broad geographical area throughout taken; and the dates of last training; purchased or distributed, or the the United States; (iv) comply with NHTSA • A mission statement of the guidelines with respect to the approximate education of recipients of the seats as to organization; mix of child safety seats (e.g., infant, toddler, • proper use. No additional information is booster, special needs); (v) distribute all of The method to be used to identify required to be submitted at this time in the seats purchased with the funds provided underserved low income or special support of this element of the by GM to the local agencies within 120 days needs families; certification. of the receipt of the funds; (vi) educate • A list of the geographic locations recipients of the seats as to methods of that would be targeted for receipt of the Evaluation Criteria proper installation and use; (vii) not use seats; Certifications must demonstrate that more than 10 percent of the funds provided • The maximum number of seats the the organization meets all criteria listed by GM for administrative expenses related to organization is capable of distributing distribution of the seats; (viii) add the GM- within 120 days of its receipt of the above. Certifications will be evaluated provided funds to the total of its existing based on the following factors: funds spent on the distribution of child funds; the amount of funding the 1. Understanding of the requirements safety seats to low-income families and not organization is requesting from GM to of the agreement and soundness of divert any funds currently budgeted to such purchase and distribute this number of approach as shown by the organization’s activities to other activities; (ix) allow the seats; the proposed mix and types of plan and certification. activities conducted pursuant to this program seats needed to serve the age and needs 2. The ability to identify underserved to be audited by such third party as selected of the populations to be targeted (e.g., low income and special needs families. by DOT; (x) acknowledge and agree that such 25% booster seats, 50% toddler seats, 3. The ability to distribute child safety commitments and promises shall be 20% infant seats and 5% special needs seats to these target populations at the enforceable; and (xi) acknowledge and agree seats); the expected per unit cost to that GM does not assume or bear any community level. purchase and distribute each type of • responsibility for the organization’s The experience of the organization, commitments, the selection of the safety seats seat; the method used to derive the mix; or its affiliates, in distributing child actually purchased or distributed, or the and, if applicable, any change in mix or safety seats education of recipients of the seats as to price if the organization receives less • The breadth and diversity of the proper use. funding than the full amount requested; underserved population the and (2) Plan organization can effectively reach • A description of the means to be 4. The ability to provide education to A plan describing how the used by the organization or its affiliates recipients. organization will reach a broad to educate families about the proper • The experience of the organization, geographical area, how it will identify installation and use of child safety seats. or its affiliates, in providing education underserved low income and special Organizations must submit one on the use of child safety seats or on needs families that will be served by the original and two copies of their other related public health issues program, and how it will accomplish certifications. Certifications shall be • The level of training of the the purchase and distribution of child subject to 18 U.S.C. 1001, which organization’s staff or of the staff of its safety seats within 120 days of receipt prohibits to making of false statements. affiliates of the funds. The plan must include a Organizations are requested to submit 5. The ability to conduct a proposed schedule for the purchase and four additional copies to facilitate the distribution and education program that distribution of seats, and either letters of review process, but there is no either creates new initiatives, or support from the organizations that are requirement or obligation to do so. complements (rather than duplicates) (or would be) responsible for child Organizations that would like to be existing initiatives, in the geographic safety seat programs in the geographic notified upon receipt of their areas to be served. areas to be served (such as state certifications should enclose a self- highway safety offices and state public addressed stamped postcard in the Certification Procedures health agencies) or a description of the envelope with their certifications. Upon To be considered, certifications must organization’s plans to coordinate with receiving the certifications, the postcard be received no later than 30 days after these responsible organizations. will be returned by mail. the date on which today’s notice is (3) Additional Information Issued on: March 27, 1995. published in the Federal Register. Certifications should be submitted to The following additional information Michael B. Brownlee, Office of Occupant Protection, NTS–11, to ensure that the organization is Associate Administrator for Traffic Safety Room 5118, 400 Seventh Street, S.W., capable of meeting the objectives of the Programs. Washington, D.C. 20590. agreement: [FR Doc. 95–7986 Filed 3–28–95; 2:55 pm] • Certifications must include each of Information regarding the BILLING CODE 4910±59±P the following: organization’s structure and a designation of geographic locations of [Docket No. 94±60; Notice 2] (1) Certification Statement state and local affiliates to be involved A written statement, signed by an in the effort; Denial of Petition for Import Eligibility • authorized official of the organization, Information regarding the Decision certifying that the organization shall: organizations and agencies with which the organization will be affiliated for This notice sets forth the reasons for (i) work, through its state or local affiliates, purposes of this program; the denial of a petition submitted to the with agencies such as children’s hospitals • and health agencies to identify families who A description of the organization’s, National Highway Traffic Safety could not otherwise afford seats or who have or its affiliates’: existing loaner or give- Administration (NHTSA) under 49 special needs; (ii) have an existing loaner or away programs; experience in providing U.S.C. 30141(a)(1)(A) (formerly section give-away child safety seat program or have education on the use of child safety 108(c)(3)(C)(i)(I) of the National Traffic staff trained in child passenger safety issues; seats or on other related public health and Motor Vehicle Safety Act (the Act)). 16700 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices The petition, which was submitted by Authority: 49 U.S.C. 30141 (a)(1)(A) and attendance will particularly be limited J.K. Motors, Inc. of Kingsville, Maryland (b)(1); 49 CFR 593.7; delegations of authority during the joint session of the two (J.K.), a registered importer of motor at 49 CFR 1.50 and 501.8. committees because of space vehicles, requested NHTSA to decide Issued on: March 27, 1995. constraints. that a 1994 Alfa Romeo 164 Harry Thompson, Members of the public may present Quadrifoglio passenger car that was not Acting Director, Office of Vehicle Safety oral statements on the topics. Due to the originally manufactured to comply with Compliance. limited time available, each person who all applicable Federal motor vehicle [FR Doc. 95–7909 Filed 3–30–95; 8:45 am] wants to make an oral statement must safety standards is eligible for BILLING CODE 4910±59±P notify Bernardyne Williams or Gwen importation into the United States Hill, Room 2335, Department of because (1) it is substantially similar to Transportation Building, 400 Seventh the version of the 1994 Alfa Romeo 164 Research and Special Programs Street, SW., Washington, DC 20590, Quadrifoglio that was originally Administration telephone (202) 366–6570, not later than manufactured for importation into and April 24, 1995, of the topics to be sale in the United States and that was Meetings of Pipeline Safety Advisory addressed and the time requested to certified by its original manufacturer, Committees address each topic. The presiding officer Alfa Lancia Industriale, as complying Pursuant to section 10(a)(2) of the may deny any request to present an oral with the safety standards, and (2) it is Federal Advisory Committee Act (Pub. statement and may limit the time of any capable of being readily modified to L. 92–463, 5 U.S.C. App. 1) notice is oral presentation. Members of the public conform to all applicable Federal motor hereby given of the following meetings may present written statements to the vehicle safety standards. of the Technical Hazardous Liquid Committee before or after any meeting. NHTSA published a notice in the Pipeline Safety Standards Committee Issued in Washington, DC, on March 28, Federal Register on August 15, 1994 (59 (THLPSSC) and the Technical Pipeline 1995. FR 41811) that contained a thorough Safety Standards Committee (TPSSC). Cesar De Leon, description of the petition, and solicited Each Committee meeting as well as a Acting Associate Administrator for Pipeline public comments upon it. One comment joint session of the two Committees will Safety. was received in response to this notice, be held in Room 2230 of the U.S. [FR Doc. 95–7982 Filed 3–30–95; 8:45 am] from Fiat Auto R&D U.S.A., a division Department of Transportation Building, BILLING CODE 4910±60±P of Fiat Auto U.S.A., Inc. (Fiat), the U.S. 400 Seventh Street SW., Washington, representative of the vehicle’s original DC. manufacturer. On May 2, at 8:00 a.m., the TPSSC DEPARTMENT OF THE TREASURY In its comment, Fiat stated that the will meet. Agenda items include structure of the non-U.S. certified Alfa discussion and voting on Qualifications Office of Thrift Supervision Romeo 164 Quadrifoglio differs from of Pipeline Personnel and Passage of that of its U.S. certified counterpart to Instrumented Internal Devices. Public Information Collection accommodate a different powertrain. At 1:00 p.m., TPSSC will be joined by Requirements Submitted to OMB for Fiat further stated that the vehicle’s members of the THLPSSC for a joint Review manufacturer determined that ‘‘without session which will include: 1. Welcome by the RSPA Administrator March 23, 1995. completely redesigning the rear The Office of Thrift Supervision portion’’ of the non-U.S. certified Alfa 2. Policy Issues 3. Regulatory Reinvention Initiatives (OTS) has submitted the following Romeo 164 Quadrifoglio, it would be public information collection ‘‘extremely costly and technically 4. Update of the National Association of Pipeline Safety Representatives and requirement(s) to OMB for review and impossible’’ to bring the vehicle into clearance under the Paperwork compliance with applicable Federal National Association of Regulatory Utilities Commissioners Committees Reduction Act of 1980, Public Law 96– motor vehicle safety standards, 11. Copies of the submission(s) may be particularly Standard No. 301, Fuel 5. One-Call Campaign 6. New Jersey Institute of Technology obtained by calling the OTS Clearance System Integrity, and other vehicle Officer listed. Comments regarding this crashworthiness standards. Report 7. Risk Management information collection should be NHTSA accorded J.K. an opportunity On May 3, from 8:00 a.m. to 12:00 addressed to the OMB reviewer listed to respond to Fiat’s comments. As of the noon, the joint TPSSC–THLPSSC and to the OTS Clearance Officer, Office date of this notice, J.K. has failed to session will include: (1) DOT of Thrift Supervision, 1700 G Street, submit such a response. This has Restructuring, (2) Legislation, (3) NW., Washington, D.C. 20552. compelled NHTSA to conclude, from Environmentally Sensitive Areas, and OMB Number: 1550–0062 the state of the record, that the petition (4) Regulatory Updates including Form Number: Not Applicable does not clearly demonstrate that the Mandatory Participation in One-Call Type of Review: Extension non-U.S. certified version of the 1994 System, Excess Flow Valves, Definitions Title: Minimum Security Devices and Alfa Romeo 164 Quadrifoglio is eligible of Gas Gathering Lines, Customer Procedures for importation. The petition must Owned Service Lines, and Emergency Description: The Bank Protection Act therefore be denied under 49 CFR Flow Restricting Devices. and OTS implementing regulations 593.7(e). At 1:00 p.m., the THLPSSC will meet. require savings associations to In accordance with 49 U.S.C. Agenda items include discussion and establish security devices and 30141(b)(1) (formerly section voting on Qualification of Pipeline procedures. The required written 108(c)(3)(C)(ii) of the Act), NHTSA will Personnel and Passage of Instrumented security program allows OTS to not consider a new import eligibility Internal Devices. evaluate whether savings associations petition covering this vehicle until at Each meeting will be open to the have adopted polices and procedures least three months from the date of this public, but attendance will be limited to to ensure compliance with the notice. the space available. Please note that regulations and statute. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16701 Respondents: Savings and Loan Associations and Savings Banks Estimated Number of Recordkeepers: 1,540 Estimated Burden Hours Per Recordkeeper: 2 Hrs. Avg. Frequency of Response: Recordkeeping Estimated Total Recordkeeping Burden: 3,080 Hrs. Clearance Officer: Colleen M. Devine, (202) 906–6025, Office of Thrift Supervision, 1700 G Street NW., Washington, D.C. 20552. OMB Reviewer: Milo Sunderhauf, (202) 395–7340, Office of Management and Budget, Room 10226, New Executive Office Building, Washington, D.C. 20503. Cora Prifold Beebe, Director of Administration. [FR Doc. 95–7902 Filed 3–30–95; 8:45 am] BILLING CODE 6720±01±P 16702 Sunshine Act Meetings Federal Register Vol. 60, No. 62 Friday, March 31, 1995 This section of the FEDERAL REGISTER PLACE: 2033 K St., N.W., Washington, Dated: March 29, 1995. contains notices of meetings published under D.C. 8th Floor Hearing Room. William W. Wiles, the ``Government in the Sunshine Act'' (Pub. Secretary of the Board. L. 94-409) 5 U.S.C. 552b(e)(3). STATUS: Closed. [FR Doc. 95–8070 Filed 3–29–95; 11:11 am] MATTERS TO BE CONSIDERED: BILLING CODE 6210±01±P COMMODITY FUTURES TRADING COMMISSION Enforcement Meeting. TIME AND DATE: 10:00 a.m., Tuesday, CONTACT PERSON FOR MORE INFORMATION: NATIONAL CREDIT UNION ADMINISTRATION Jean A. Webb, 202–254–6314. April 4, 1995. Notice of Cancellation of Meeting PLACE: 2033 K St., N.W., Washington, Jean A. Webb, The National Credit Union D.C. 8th Floor Hearing Room. Secretary of the Commission. [FR Doc. 95–8118 Filed 3–29–95; 2:23 pm] Administration Board determined that STATUS: Closed. its business requires that the previously MATTERS TO BE CONSIDERED: Rule BILLING CODE 6351±01±M announced open meeting (Federal Enforcement Review. Register, Vol. 60, No. 57, Friday, March CONTACT PERSON FOR MORE INFORMATION: BOARD OF GOVERNORS OF THE FEDERAL 24, 1995) scheduled for March 29, 1995 Jean A. Webb, 202–254–6314. RESERVE SYSTEM is canceled and that no earlier Jean A. Webb, announcement of this change was TIME AND DATE: 10:00 a.m., Wednesday, Secretary of the Commission. possible. April 5, 1995. The previously announced items [FR Doc. 95–8116 Filed 3–29–95; 2:23 pm] were: BILLING CODE 6351±01±M PLACE: Marriner S. Eccles Federal Reserve Board Building, C Street Board Briefing entrance between 20th and 21st Streets, 1. Insurance Fund Report. COMMODITY FUTURES TRADING COMMISSION N.W., Washington, D.C. 20551. Matters To Be Considered TIME AND DATE: 10:30 a.m., Tuesday, STATUS: April 4, 1995. Closed. 1. Approval of Minutes of Previous Open Meetings. PLACE: 2033 K St., N.W., Washington, MATTERS TO BE CONSIDERED: 2. Request from State of Michigan for D.C. 8th Floor Hearing Room. 1. Personnel actions (appointments, Exemption under Section 701.21(h), NCUA’s STATUS: Closed. promotions, assignments, reassignments, and Rules and Regulations, Member Business Loans. MATTERS TO BE CONSIDERED: salary actions) involving individual Federal Reserve System employees. 3. Proposed Rule: Amendments to Section Enforcement Meeting. 701.21(c)(8), NCUA’s Rules and Regulations, 2. Any items carried forward from a CONTACT PERSON FOR MORE INFORMATION: Prohibited Fees. previously announced meeting. Jean A. Webb, 202–254–6314. 4. Proposed Rule: Amendments to Part 704, NCUA’s Rules and Regulations, Corporate Jean A. Webb, CONTACT PERSON FOR MORE INFORMATION: Credit Unions. Secretary of the Commission. Mr. Joseph R. Coyne, Assistant to the [FR Doc. 95–8117 Filed 3–29–95; 2:23 pm] Board; (202) 452–3204. You may call FOR FURTHER INFORMATION CONTACT: Becky Baker, Secretary of the Board, BILLING CODE 6351±01±M (202) 452–3207, beginning at approximately 5 p.m. two business days Telephone (703) 518–6304. before this meeting, for a recorded Becky Baker COMMODITY FUTURES TRADING COMMISSION announcement of bank and bank Secretary of the Board. TIME AND DATE: 10:30 a.m., Tuesday, holding company applications [FR Doc. 95–8030 Filed 3–28–95; 4:22 p.m.] April 18, 1995. scheduled for the meeting. BILLING CODE 7535±01±M 16703 Corrections Federal Register Vol. 60, No. 62 Friday, March 31, 1995 This section of the FEDERAL REGISTER On page 15116, in the second column, July 8, 1994, make the following contains editorial corrections of previously in the first incomplete paragraph: corrections: published Presidential, Rule, Proposed Rule, (a) In the first line ‘‘more’’ should and Notice documents. These corrections are read ‘‘some’’. § 1.482±5 [Corrected] prepared by the Office of the Federal (b) In the penultimate line Register. Agency prepared corrections are On page 35024, in § 1.482–5(e), issued as signed documents and appear in ‘‘investigation’’ should read Example 1(iii), in the table, in the the appropriate document categories ‘‘investigating’’. second, third, fourth and fifth columns, elsewhere in the issue. BILLING CODE 1505±01±D the entries for ‘‘Sales’’ should read ‘‘$500,000’’, ‘‘$560,000’’, ‘‘$500,000’’ and ‘‘$520,000’’. DEPARTMENT OF THE TREASURY DEPARTMENT OF TRANSPORTATION BILLING CODE 1505±01±D Internal Revenue Service Coast Guard 26 CFR Part 1 46 CFR Parts 4 and 5 [TD 8552] Marine Safety Investigation Process RIN 1545±AL80 Review Intercompany Transfer Pricing Correction Regulations Under Section 482 In proposed rule document 95–6950 beginning on page 15115 in the issue of Correction Wednesday, March 22, 1995 make the In rule document 94–16456 beginning following corrections: on page 34971 in the issue of Friday, federal register March 31,1995 Friday Programs; Notice Direct GrantProgramsandFellowship Education Department of Part II 16705 16706 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices DEPARTMENT OF EDUCATION or further information about, an Improvement, and some programs of individual program are in the other principal offices of the Direct Grant Programs and Fellowship application notice for that program. Department. These programs could not Programs For Users of TDD or FIRS: Individuals publish application notices in who use a telecommunications device September, as originally planned, AGENCY: Department of Education. for the deaf (TDD) may call the TDD without enacted legislation authorizing ACTION: Notice of direct grant programs number, if any, listed in the individual the programs and without subsequent and fellowship programs under which application notices. If a TDD number is programmatic and fiscal decisions based the Secretary is making new awards for not listed for a given program, on that legislation and on budgetary fiscal year 1995. individuals who use a TDD may call the appropriations. SUMMARY: The Secretary updates the list Federal Information Relay Service On October 17, 1994 the Secretary of the Department’s direct grant (FIRS) at 1–800–877–8339 between 8 published in the Federal Register (59 programs and fellowship programs a.m. and 8 p.m., Eastern time, Monday FR 52291) a notice postponing under which the Secretary is making through Friday. publication of section two of the CAN. new awards for fiscal year (FY) 1995 For Intergovernmental Review: The The Secretary believed it would be more and estimates the deadline dates for the address for transmitting helpful to the Department’s customers transmittal of applications for many of recommendations and comments under to delay publication of that document those programs for which application Executive Order 12372 is in the until a time when application notices notices have not yet been published. appendix to this notice. The appendix for most of these programs could be published or, at least, listed with an The Secretary also revises the list of also contains the addresses of estimated date for publication. State Single Points of Contact (SPOCs) individual SPOCs. In addition to awards under programs for programs subject to the requirements For Electronic Access to Information: Information about the Department’s affected by reauthorization, awards of Executive Order 12372 under some other programs and (Intergovernmental Review of Federal funding opportunities, including copies of application notices for discretionary competitions were to be governed by Programs). The notice is intended to new regulations or funding priorities help potential applicants in planning for grant competitions, can be viewed on the Department’s electronic bulletin that had not yet been issued in final the remainder of this fiscal year. form. Still other programs and DATES: Dates of Application Notices: board (ED Board), telephone (202) 260– 9950; or on the Internet Gopher Server competitions had to delay publication of The actual or estimated date for application notices for FY 1995 pending publication of the application notice for at GOPHER.ED.GOV (under Announcements, Bulletins and Press approval of application forms, as well as a given program is listed in column other information collection requests, by Releases). However, the official three of the chart in this notice. For any the Office of Management and Budget application notice for a discretionary previously announced program column under the Paperwork Reduction Act of grant competition is the notice three also includes the Federal Register 1980. volume and page reference to that published in the Federal Register. In the notice of October 17, the notice. If a program has yet to publish SUPPLEMENTARY INFORMATION: On June Secretary estimated that publication of an application notice, an estimated date 10, 1994 the Secretary published in the section two of the CAN for FY 1995 (est.) or TBA (to be announced) is listed Federal Register (59 FR 30190) the first would take place before the end of in this notice. section of the Department’s annual January 1995. However, publication of Dates of Availability of Applications: combined application notice (CAN) for many of the affected application notices The date on which applications will be FY 1995. Included in that document has been further postponed to enable available for any given program is in the were individual notices inviting the Department to develop policies and application notice for that program. applications for new awards under 65 procedures designed to make the grant Deadline Dates for Transmitting programs and competitions. These were award process and the activities under Applications: The actual or estimated direct grant and fellowship programs these grants as accommodating as deadline date for transmitting administered mainly by the Office of statutorily permissible to the needs and applications under a program is listed in Postsecondary Education and the Office concerns of the Department’s customers. column four of the chart in this notice. of Special Education and Rehabilitative The Department will continue to If a program has yet to publish an Services. Since June 10 a number of publish individual application notices application notice, an estimated other programs have published when they are ready. In the meantime, deadline date (est.) or TBA is listed in application notices for new awards for this combined application notice: (1) this notice, and the actual deadline date FY 1995. References all application notices for FY will appear in the application notice to In the document published on June 1995 previously announced in the be published in the Federal Register. 10, the Secretary announced the Federal Register, including those Deadline Dates for Transmitting Department’s intent to publish a second contained in section one of the CAN Intergovernmental Reviews: For any section of the CAN for FY 1995 in published on June 10, 1994, and (2) to previously announced program subject September, 1994. However, legislation the extent possible, gives estimated to Executive Order 12372, the deadline authorizing or reauthorizing many of the dates for programs and competitions for date for the transmittal of State Process Department’s remaining programs was which application notices are to be Recommendations by SPOCs and not enacted until October 20, 1994. This published at a later date. comments by other interested parties is statute, the Improving America’s As an appendix to the CAN of June listed in the application notice for that Schools Act of 1994 (Pub. L. 103–382), 10, 1994, the Secretary published a list program. A deadline date will also includes programs administered by the of SPOCs for programs subject to appear in the application notice for any Office of Bilingual Education and Executive Order 12372 and the program yet to be announced. Minority Languages Affairs and the regulations in 34 CFR part 79. Since ADDRESSES: For Applications or Further Office of Elementary and Secondary publication of that list, Colorado, Information: The address and telephone Education, some programs of the Office Massachusetts, and Tennessee have number for obtaining applications for, of Educational Research and ended their voluntary participation in Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16707 this review process, Alabama has National Education Goals Applicability of Section 5301 of the elected to participate in the process, Anti-Drug Abuse Act of 1988 The Goals 2000: Educate America Act and, in a few other States, the names or A number of programs listed in the addresses of SPOCs have changed. (Pub. L. 103–227), enacted March 31, 1994, enunciates the following National chart provide that a grant, fellowship, Therefore, as an appendix to this update traineeship, or other monetary benefit of the combined application notice, the Education Goals for the year 2000: • may be awarded to an individual. This Secretary is publishing a revised listing All children in America will start award may be made to the individual of SPOCs. school ready to learn. either directly by the Department or by • Organization of Notice The high school graduation rate a grantee that receives Federal funds for will increase to at least 90 percent. the purpose of providing, for example, The chart lists direct grant programs • fellowships, traineeships, or other and certain fellowship programs under All students will leave grades 4, 8, and 12 having demonstrated awards to individuals. which the Secretary is making or plans Section 5301 of the Anti-Drug Abuse to make new awards in FY 1995. The competency in challenging subject matter, including English, mathematics, Act of 1988 (Pub. L. 100–690; 21 U.S.C. listings are organized under the 862) provides that a sentencing court following principal program offices of science, foreign languages, civics and government, economics, arts, history, may deny eligibility for certain Federal the Department: benefits to an individual convicted of Office of Bilingual Education and and geography; and every school in America will ensure that all students drug trafficking or possession. Thus, an Minority Languages Affairs. individual who applies for a grant, Office of Educational Research and learn to use their minds well, so they may be prepared for responsible fellowship, or other monetary benefit Improvement. under a program covered by this notice Office of Elementary and Secondary citizenship, further learning, and productive employment in our Nation’s should understand that, if convicted of Education. drug trafficking or possession, he or she Office of Postsecondary Education. modern economy. is subject to denial of eligibility for that Office of Special Education and • United States students will be first benefit if the sentencing court imposes Rehabilitative Services. in the world in mathematics and science such a sanction. This denial applies Office of Vocational and Adult achievement. whether the Federal benefit is provided Education. • Every adult American will be to the individual directly by the For each principal office, programs literate and will possess the knowledge Department or is provided through a are listed in order of their respective and skills necessary to compete in a grant, fellowship, traineeship, or other Catalog of Federal Domestic Assistance global economy and exercise the rights award made available with Federal (CFDA) number. and responsibilities of citizenship. funds by a grantee. Programs To Be Announced at a Future • Every school in the United States Any persons determined to be Date will be free of drugs, violence, and the ineligible for Federal benefits under the provisions of section 5301 are listed in For FY 1995 a few programs will be unauthorized presence of firearms and the General Services Administration’s governed by new regulations or funding alcohol and will offer a disciplined ‘‘Lists of Parties Excluded from Federal priorities. This notice references these environment conducive to learning. Procurement or Nonprocurement types of programs with an asterisk • The Nation’s teaching force will Programs.’’ following the respective estimated date have access to programs for the (est.*) in column three of the chart. For continued improvement of their Applicability of the Federal Debt further information regarding these professional skills and the opportunity Collection Procedures Act of 1990 to acquire the knowledge and skills programs, readers are referred to the The programs listed in the chart make needed to instruct and prepare all following notices of proposed priority discretionary awards subject to the American students for the next century. that have been published in the Federal eligibility requirements of the Federal • Register: Every school will promote Debt Collection Procedures Act of 1990 Jacob K. Javits Gifted and Talented Education partnerships that will increase parental (Pub. L. 101–647; 28 U.S.C. 3201). The Program—National Research and involvement and participation in Act provides that if there is a judgment Development Center—Notice of Proposed promoting the social, emotional, and lien against a debtor’s property for a Priority, Selection Criteria, and Post-Award academic growth of children. debt to the United States, the debtor is Requirements——60 FR 2956 (1/12/95) School-to-Work Opportunities Act; State For competitions that are still open not eligible to receive a Federal grant or Implementation Grants—Notice of for FY 1995, the Secretary encourages loan, except direct payments to which Proposed Selection Criteria and a Proposed applicants under these programs to the debtor is entitled as beneficiary, Definition of Administrative Costs——60 consider the National Education Goals until the judgment is paid in full or FR 13312 (3/10/95) in developing their applications. otherwise satisfied. LIST OF APPLICATION NOTICES Application CFDA No. Name of program Application notice deadline date Office of Bilingual Education and Minority Languages Affairs 84.003G ...... Bilingual Education: Academic Excellence Awards . TBA ...... TBA 84.194Q ...... Bilingual Education: State Grant Program ...... 3/31/95 (est.) ...... 5/22/95 (est.) 84.195A ...... Bilingual Education: Teachers and Personnel 3/31/95 (est.) ...... 5/22/95 (est.) Grants. 84.195B ...... Bilingual Education: National Professional Develop- 3/31/95 (est.) ...... 5/22/95 (est.) ment Institutes. 16708 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices LIST OF APPLICATION NOTICESÐContinued Application CFDA No. Name of program Application notice deadline date 84.195C ...... Bilingual Education: Graduate Fellowship Program 4/14/95 (est.) ...... 5/30/95 (est.) 84.289P ...... Bilingual Education: Program Enhancement Grants 3/31/95 (est.) ...... 5/30/95 (est.) 84.290U ...... Bilingual Education: Comprehensive School Grants 3/31/95 (est.) ...... 5/30/95 (est.) 84.291R ...... Bilingual Education: Systemwide Improvement 3/31/95 (est.) ...... 5/30/95 (est.) Grants. 84.292A ...... Bilingual Education: General Research Program .... TBA ...... TBA 84.292B ...... Bilingual Education: Field-Initiated Research ...... 4/14/95 (est.) ...... TBA 84.293A ...... Foreign Language Assistance: General Program .... 4/14/95 (est.) ...... 5/26/95 (est.) Office of Educational Research and Improvement Library Programs 84.036A ...... Library Education and Human Resource Develop- 9/29/94 (59 FR 49746) ...... 12/2/94 ment ProgramÐInstitutes. 84.036B ...... Library Education and Human Resource Develop- 9/29/94 (59 FR 49746) ...... 12/2/94 ment ProgramÐFellowships. 84.039D ...... Library Research and Demonstration Program ...... 12/5/94 (59 FR 62542) ...... 2/6/95 84.163A ...... Library Services to Indian Tribes and Hawaiian Na- 9/29/94 (59 FR 49746) ...... 12/2/94 tives ProgramÐBasic Grants. 84.163B ...... Library Services to Indian Tribes and Hawaiian Na- 9/29/94 (59 FR 49746) ...... 5/8/95 tives ProgramÐSpecial Grants. 84.167A ...... Library Literacy Program ...... 9/29/94 (59 FR 49746) ...... 12/2/94 National Institute on Student Achievement 84.279A ...... Goals 2000: Assessment, Development, and Eval- 3/29/95 (est.) ...... 6/15/95 (est.) uation. 84.304A ...... International Education Exchange Program ...... 2/17/95 (60 FR 9564) ...... 4/17/95 National Institute on the Education of At-Risk Students 84.206R ...... Research and Development Center on the Edu- 4/20/95 (est.)* ...... 7/10/95 (est.) cation of Gifted and Talented Children and Youth. National Institute on Early Childhood Development and Education 84.287A ...... 21st Century Community Learning Centers ...... 4/3/95 (est.) ...... 6/16/95 (est.) Office of Reform Assistance and Dissemination 84.073A±1 ...... National Diffusion Network (NDN)ÐDeveloper 3/31/95 (est.) ...... 5/31/95 (est.) Demonstration Projects. 84.073F ...... National Diffusion Network (NDN)ÐPrivate School 3/31/95 (est.) ...... 5/31/95 (est.) Facilitator. 84.168E ...... Dwight D. Eisenhower Professional DevelopmentÐ 4/14/95 (est.) ...... 6/15/95 (est.) Federal Activities. 84.168R ...... Eisenhower Regional Mathematics and Science 4/14/95 (est.) ...... 6/15/95 (est.) Consortia. 84.203D ...... Star Schools ProgramÐContinuing Education ...... 4/14/95 (est.) ...... 6/15/95 (est.) 84.206A±1 ...... Jacob K. Javits Gifted and Talented Students 3/10/95 (60 FR 13326) ...... 4/25/95 Grant Education Program. 84.215S ...... Fund for the Improvement of Education (FIE) Dem- 3/13/95 (60 FR 13598) ...... 4/28/95 onstration Programs: (1) Elementary School Counseling Partnerships; (2) Middle School- Workplace-Community Partnerships. 84.215V ...... Fund for the Improvement of Education (FIE): Part- 3/13/95 (60 FR 13588) ...... 4/28/95 nerships in Character Education Pilot Project. 84.286A ...... Telecommunications Demonstration Project for 2/17/95 (60 FR 9576) ...... 4/12/95 Mathematics. 84.302A ...... Regional Technology Consortia ...... 4/7/95 (est.) ...... 6/15/95 (est.) 84.303 ...... Challenge Grants for Technology in Education ...... 3/7/95 (60 FR 12651) ...... 6/2/95 National Center for Education Statistics 84.999F ...... National Assessment of Educational Progress 3/10/95 (60 FR 13136) ...... 4/25/95 (NAEP) ProgramÐCollection of data for the 1996, 1997, and 1998 NAEP and preparation of sampling weights for the State and national com- ponents of the 1996, 1997, and 1998 assess- ments. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16709 LIST OF APPLICATION NOTICESÐContinued Application CFDA No. Name of program Application notice deadline date 84.999G ...... National Assessment of Educational Progress 5/12/95 (est.) ...... 6/26/95 (est.) (NAEP)Ð1996 and 1997 National Analysis and Reporting. Office of Elementary and Secondary Education 84.026A ...... Educational Services for Indian Adults ...... 5/5/95 (est.) ...... 7/17/95 (est.) 84.083A ...... Women's Educational Equity ActÐImplementation TBA ...... TBA Grants. 84.083B ...... Women's Educational Equity ActÐResearch TBA ...... TBA Grants. 84.087A ...... Indian Fellowship ...... 4/12/95 (est.) ...... 5/30/95 (est.) 84.123A ...... Civic Education ...... TBA ...... TBA 84.165A ...... Magnet Schools Assistance ...... 3/20/95 (60 FR 14868) ...... 5/12/95 84.184B ...... Safe and Drug-Free Schools ProgramÐAlternative 5/29/95 (est.) ...... 7/10/95 (est.) Education Programs. 84.209A ...... Native Hawaiian Family Based Education Centers . 3/28/95 (est.) ...... 5/19/95 (est.) 84.210A ...... Native Hawaiian Gifted and Talented Demonstra- 3/28/95 (est.) ...... 5/19/95 (est.) tion Program. 84.277A ...... Safe Schools Grants Program ...... 8/15/94 (59 FR 41928) ...... 9/30/94 84.282A ...... Charter Schools/State Grants and National Activi- 4/12/95 (est.) ...... 6/19/95 (est.) ties. 84.283A ...... Comprehensive Regional Assistance Centers ...... 5/15/95 (est.) ...... 6/30/95 (est.) 84.285A ...... Safe and Drug-Free Schools Program: The Com- 3/6/95 (60 FR 12332) ...... 5/5/95 munity Schools Youth Services and Supervision Grant Program, and the Family and Community Endeavor Schools Grant Program. 84.296A ...... Native Hawaiian Community Based Education 3/28/95 (est.) ...... 5/19/95 (est.) Learning Centers. 84.297A ...... Native Hawaiian Curriculum Development, Teacher 3/28/95 (est.) ...... 5/19/95 (est.) Training, and Recruitment Program. 84.299A ...... Special Projects Demonstration Grants ...... 5/5/95 (est.) ...... 7/17/95 (est.) 84.299B ...... Special Projects Professional Development Grants 5/5/95 (est.) ...... 7/17/95 (est.) Office of Postsecondary Education 84.016A ...... Undergraduate International Studies and Foreign 6/10/94 (59 FR 30190) ...... 11/4/94 Language Program. 84.017A ...... International Research and Studies Program ...... 6/10/94 (59 FR 30190) ...... 11/4/94 84.019A ...... Fulbright-Hays Faculty Research Abroad Program . 6/10/94 (59 FR 30190) ...... 10/28/94 84.021A ...... Fulbright-Hays Group Projects Abroad Program ..... 6/10/94 (59 FR 30190) ...... 10/21/94 84.022A ...... Fulbright-Hays Doctoral Dissertation Research 6/10/94 (59 FR 30190) ...... 10/28/94 Abroad. 84.031A ...... Strengthening Institutions Program ...... 3/7/95 (60 FR 12543) ...... 5/1/95 84.031S ...... Strengthening Institutions ProgramÐHispanic-Serv- 3/23/95 (60 FR 15448) ...... 5/8/95 ing Institutions. 84.031A; ...... Designation as an Eligible Institution for the x84.031G ...... Strengthening Institutions and Endowment Chal- lenge Grant Programs ...... 12/6/94 (59 FR 62964); 2/6/95 (60 FR 7047); 3/13/ 4/3/95 95 (60 FR 13423). 84.031G ...... Endowment Challenge Grant Program ...... 6/10/94 (59 FR 30190) ...... 6/16/95 84.047 ...... Upward Bound Program ...... 1/24/95 (60 FR 4759) ...... 2/24/95 (Regular and Veterans); 3/17/95 (Math and Science) 84.055A ...... Cooperative Education ProgramÐAdministration, 6/10/94 (59 FR 30190); 6/28/95 (59 FR 33331); 12/ Cancelled Part A Projects. 16/94 (59 FR 65028). 84.055B ...... Cooperative Education ProgramÐDemonstration 6/10/94 (59 FR 30190); 12/16/94 (59 FR 65028) .... Cancelled Projects. 84.055C ...... Cooperative Education ProgramÐResearch 6/10/94 (59 FR 30190); 12/16/94 (59 FR 65028) .... Cancelled Projects. 84.055D ...... Cooperative Education ProgramÐTraining and Re- 6/10/94 (59 FR 30190); 12/16/94 (59 FR 65028) .... Cancelled source Center Projects. 84.055E ...... Cooperative Education ProgramsÐAdministration, 6/10/94 (59 FR 30190); 12/16/94 (59 FR 65028) .... Cancelled Part B Projects. 84.094B ...... Patricia Roberts Harris Fellowship ProgramÐMas- 8/16/94 (59 FR 42130) ...... 10/14/94 ter's Level and Professional Study. 84.094B ...... Patricia Roberts Harris Fellowship ProgramÐDoc- 8/16/94 (59 FR 42131) ...... 10/14/94 toral Study. 84.097A ...... Law School Clinical Experience Program ...... 6/10/94 (59 FR 30190) ...... 2/28/95 16710 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices LIST OF APPLICATION NOTICESÐContinued Application CFDA No. Name of program Application notice deadline date 84.120 ...... Minority Science Improvement ProgramÐInstitu- 6/10/94 (59 FR 30190); 6/28/94 (59 FR 33331) ...... 10/14/94 tional, Design, Special, and Cooperative Projects. 84.153A ...... Business and International Education ...... 6/10/94 (59 FR 30190) ...... 11/7/94 84.170 ...... Jacob K. Javits Fellowship Program ...... 8/23/94 (59 FR 43328) ...... 11/28/94 84.200 ...... Graduate Assistance in Areas of National Need 10/13/94 (59 FR 51969) ...... 12/2/94 Program. 84.202A ...... Grants to Institutions and Consortia to Encourage 6/10/94 (59 FR 30190); 6/28/94 (59 FR 33331); 10/ Cancelled Women and Minority Participation in Graduate 28/94 (59 FR 54173). Education Program. 84.217 ...... Ronald E. McNair Postbaccalaureate Achievement 12/19/94 (59 FR 65324) ...... 2/3/95 Program. 84.220A ...... Centers for International Business Education Pro- 6/10/94 (59 FR 30190) ...... 11/10/94 gram. 84.252 ...... Urban Community Service ProgramÐDesignation 01/26/95 (60 FR 5170) ...... 03/1/95 as an Urban Grant Institution. 84.252 ...... Urban Community Service Program ...... 04/03/95 (est.) ...... 06/1/95 (est.) 84.261 ...... Dwight D. Eisenhower Leadership Development 6/10/94 (59 FR 30190) ...... 1/20/95 Program. 84.272A ...... National Early Intervention Scholarship and Part- TBA ...... TBA nership Program. TBA ...... Native Hawaiian Higher Education Program ...... 6/9/95 (est.) ...... 7/21/95 (est.) Fund for the Improvement of Postsecondary Education (FIPSE) 84.116A; ...... Fund for the Improvement of Postsecondary Edu- 8/18/94 (59 FR 42580) ...... 10/18/95 84.116B cationÐComprehensive Program. (preapplica- tions); 3/15/95 (final applica- tions) 84.116F ...... Fund for the Improvement of Postsecondary Edu- 6/10/94 (59 FR 30190) ...... 12/20/94 cationÐInnovative Projects for Community Serv- ice. 84.116N ...... Fund for the Improvement of Postsecondary Edu- TBA ...... TBA cationÐNorth American Trilateral Education Ini- tiative. 84.116P ...... Fund for the Improvement of Postsecondary Edu- 3/24/95 ...... 5/25/95 cationÐDisseminating Proven Reforms. 84.183D ...... Drug Prevention Programs in Higher EducationÐ 4/17/95 (est.) ...... 6/16/95 (est.) Special Focus Program Competition: Specific Approaches to Prevention Projects (Invitational Priority: Higher Education Consortia for Drug Prevention). Office of Special Education and Rehabilitative Services Office of Special Education Programs 84.023 ...... Research in Education of Individuals with Disabil- ities Program. 84.023A ...... Advancing and Improving the Research Knowledge 6/10/94 (59 FR 30190) ...... 12/16/94 Base. 84.023B ...... Student-Initiated Research Projects ...... 11/21/94 (59 FR 60054) ...... 2/24/95 84.023C ...... Field-Initiated Research Projects ...... 6/10/94 (59 FR 30190) ...... 10/24/94 84.023E ...... Synthesize and Communicate a Professional 6/10/94 (59 FR 30190) ...... 10/17/94 Knowledge Base: Contributions to Research and Practice. 84.023F ...... Examining Alternatives for Outcome Assessment 11/21/94 (59 FR 60054) ...... 2/24/95 for Children with Disabilities. 84.023G ...... Studying Models That Bridge the Gap Between Re- 11/21/94 (59 FR 60054) ...... 3/24/95 search and Practice. 84.023N ...... Initial career awards ...... 6/10/94 (59 FR 30190) ...... 9/6/94 84.024 ...... Early Education Program for Children with Disabil- ities. 84.024B ...... Model Demonstration Projects for Young Children 6/10/94 (59 FR 30190) ...... 9/12/94 with Disabilities. 84.024D ...... Outreach Projects for Young Children with Disabil- 11/07/94 (59 FR 55540) ...... 1/17/95 ities. 84.024P ...... Early Childhood Model Inservice Training Projects . 6/10/94 (59 FR 30190) ...... 9/19/94 84.024Q ...... Early Childhood Research Institute: Follow Through 10/13/94 (59 FR 52046) ...... 1/13/95 84.025 ...... Services for Children with Deaf-Blindness Program 84.025A ...... State and Multi-State Projects for Children who are 6/10/94 (59 FR 30190); 6/28/94 (59 FR 33284) ...... 12/9/94 Deaf-Blind. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16711 LIST OF APPLICATION NOTICESÐContinued Application CFDA No. Name of program Application notice deadline date 84.025A ...... Optional Pilot Projects for Children who are Deaf- 6/10/94 (59 FR 30190); 6/28/94 (59 FR 33284) ...... 12/9/94 Blind. 84.025E ...... Technical Assistance for Transitional Services for 6/10/94 (59 FR 30190); 6/28/94 (59 FR 33284) ...... 10/17/94 Children and Youth who are Deaf-Blind. 84.026 ...... Educational Media Research, Production, Distribu- tion, and Training Program. 84.026K ...... Recorded Audio Cassettes for Visually and Print 11/7/94 (59 FR 55547) ...... 2/15/95 Disabled Students. 84.026N ...... Captioned Films and Videos Distribution System .... 11/7/94 (59 FR 55547) ...... 3/31/95 84.026Q ...... Video Description Project ...... 11/7/94 (59 FR 55547) ...... 2/17/95 84.026S ...... Closed-Captioned Daytime Television Programs .... 11/7/94 (59 FR 55547) ...... 2/17/95 84.026T ...... Cultural Experiences for Deaf and Hard-of-Hearing 11/7/94 (59 FR 55547) ...... 3/15/95 Individuals. 84.029 ...... Training Personnel for the Education of Individuals with DisabilitiesÐGrants for Personnel Training and Parent Training and Information Centers. 84.029A ...... Training Personnel to Service Low-Incidence Dis- 6/10/94 (59 FR 30190) ...... 10/7/94 abilities. 84.029B ...... Preparation of Personnel for Careers in Special 6/10/94 (59 FR 30190); 6/28/94 (59 FR 33284) ...... 9/30/94 Education. 84.029D ...... Preparation of Leadership Personnel ...... 6/10/94 (59 FR 30190); 6/28/94 (59 FR 33284) ...... 9/16/94 84.029E ...... Minority Institutions Personnel ...... 6/10/94 (59 FR 30190); 6/28/94 (59 FR 33284) ...... 10/21/94 84.029F ...... Preparation of Related Services Personnel ...... 6/10/94 (59 FR 30190) ...... 9/23/94 84.029K ...... Special Projects ...... 6/10/94 (59 FR 30190) ...... 10/28/94 84.029L ...... Training Educational Interpreters ...... 6/10/94 (59 FR 30190) ...... 10/28/94 84.029M ...... Parent Training and Information Centers ...... 6/10/94 (59 FR 30190); 7/19/94 (59 FR 36744); 11/ 1/10/95 7/94 (59 FR 55539 ). 84.029P ...... Experimental Parent Centers ...... 6/10/94 (59 FR 30190); 7/19/94 (59 FR 36744); 11/ 1/10/95 7/94 (59 FR 55541). 84.029Q ...... Training Early Intervention and Preschool Person- 6/10/94 (59 FR 30190); 6/28/94 ((59 FR 33284) ..... 10/14/94 nel. 84.078 ...... Postsecondary Education Programs for Individuals with Disabilities. 84.078C ...... Model Demonstration Projects to Improve the De- 6/10/94 (59 FR 30190); 6/28/94 (59 FR 33284) ...... 11/4/94 livery and Outcomes of Postsecondary Education for Individuals with Disabilities. 84.086 ...... Program for Children with Severe Disabilities ...... 84.086D ...... Research Project for Educating Children with Se- 6/10/94 (59 FR 30190); 6/28/94 (59 FR 33284) ...... 12/2/94 vere Disabilities in Inclusive Settings. 84.086J ...... Statewide System Change: Children with Severe 6/10/94 (59 FR 30190); 6/28/94 (59 FR 33284) ...... 10/17/94 Disabilities. 84.086U ...... Outreach Projects: Serving Children with Severe 6/10/94 (59 FR 30190); 6/28/94 (59 FR 33284) ...... 1/23/95 Disabilities in General Education and Community Settings. 84.158 ...... State Systems for Transition Services for Youth with Disabilities Program. 84.158A ...... State Systems for Transition Services for Youth 6/10/94 (59 FR 30190) ...... 1/27/95 with Disabilities Program. 84.158 ...... Secondary Education and Transitional Services for Youth with Disabilities Program. 84.158D ...... Model Demonstration Projects to Identify and De- 6/10/94 (59 FR 30190); 6/28/94 (59 FR 33284) ...... 10/7/94 velop Alternatives for Youth with Disabilities Who have Dropped Out of School or are at Risk of Dropping Out of School. 84.158M ...... Accessing School to Work and Postsecondary En- 3/31/95 (est.) ...... 5/12/95 (est.) vironmentsÐA Technical Assistance Effort. 84.158Q ...... Outreach Projects for Services for Youth with Dis- 6/10/94 (59 FR 30190); 6/28/94 (59 FR 33284) ...... 10/7/94 abilities. 84.159 ...... Special Studies Program ...... 84.159A ...... State Agency-Federal Evaluation Studies Projects . 6/10/94 (59 FR 30190); 10/19/94 (59 FR 52768) .... Cancelled 84.159C ...... Center to Support the Achievement of World Class 12/21/94 ...... 4/21/95 Outcomes for Students With Disabilities. 84.159D ...... State and Local Education Efforts to Implement the 6/10/94 (59 FR 30190) ...... 8/19/94 Transition Requirements in the Individuals with Disabilities Education Act. 84.159E ...... Longitudinal Study of the Impact of Early Interven- 12/21/94 ...... 3/24/95 tion Services on Infants and Toddlers Disabilities. 84.159F ...... State Agency-Federal Evaluation Studies Projects . 6/10/94 (59 FR 30190) ...... 12/9/94 84.180 ...... Technology, Educational Media, and Materials for Individuals with Disabilities Program. 16712 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices LIST OF APPLICATION NOTICESÐContinued Application CFDA No. Name of program Application notice deadline date 84.180G ...... Technology, Educational Media Materials Research 6/10/94 (59 FR 30190) ...... 9/12/94 Projects that Promote Literacy. 84.180U ...... Collaborative Research on Technology, Media, and 10/13/94 ...... 1/27/95 Materials for Children and Youth with Disabilities. 84.221 ...... Native Hawaiian Special Education Program ...... 3/28/95 (est.) ...... 5/19/95 (est.) 84.237 ...... Program for Children and Youth with Serious Emo- tional Disturbance. 84.237F ...... Preventing the Development of Serious Emotional 6/10/94 (59 FR 30190) ...... 9/16/94 Disturbance Among Children and Youth with Emotional and Behavioral Problems. 84.237G ...... Nondiscriminatory, Culturally-Competent Collabo- 10/13/94 ...... 1/27/95 rative Demonstration Models To Improve Serv- ices for Students with Serious Emotional Disturb- ance and Prevention Services for Students with Emotional and Behavioral Problems. National Institute on Disability and Rehabilitation Research 84.133A±1 ...... Research and Demonstration Projects ...... 1/17/95 (60 FR 3499); 1/24/95 (60 FR 4762) ...... 3/24/95 84.133A±5 ...... Research and Demonstration Projects ...... 4/7/95 (est.) ...... 5/30/95 (est.) 84.133B ...... Rehabilitation Research and Training Centers ...... 3/31/95 (est.) ...... 5/30/95 (est.) 84.133D±5 ...... Knowledge Dissemination and Utilization Program . 6/8/94 (59 FR 29676); 10/18/94 (59 FR 52523); 2/ 7/22/94; 12/19/94; 10/95 (60 FR 8126). 4/17/95 84.133D±2 ...... Knowledge Dissemination and Utilization Program . 11/18/94 (59 FR 59836) ...... 1/20/95 84.133D±6 ...... Knowledge Dissemination and Utilization Programs 4/21/95 (est.) ...... 6/20/95 (est.) 84.133E ...... Rehabilitation Engineering Research Centers ...... 11/18/94 (59 FR 59861) ...... 1/20/95 84.133F ...... Research Fellowships ...... 6/3/94 (59 FR 29138) ...... 11/15/94 84.133G ...... Field-Initiated Projects ...... 6/3/94 (59 FR 29138) ...... 11/1/94 84.133N ...... Special Projects and Demonstrations for Spinal 6/3/94 (59 FR 29138); 10/11/94 (59 FR 51424) ...... 11/18/94 Cord Injuries. 84.133P ...... Research Training Program ...... 6/3/94 (59 FR 29138) ...... 10/3/94 84.224A±6 ...... Technical Assistance to State Grantees under the 3/31/95 (est.) ...... 5/30/95 (est.) Technology-Related Assistance Program 84.224A±7 ...... State Grants for Technology-Related Assistance .... 4/7/95 (est.) ...... 5/30/95 (est.) Rehabilitation Services Administration 84.128G ...... Vocational Rehabilitation Service Projects for Mi- 6/10/94 (59 FR 30190); 10/18/94 (59 FR 52524) .... 1/25/95 gratory Agricultural and Seasonal Farmworkers with Disabilities. 84.128T ...... Special Projects and Demonstrations for Providing 6/10/94 (59 FR 30190) ...... 1/16/95 Supported Employment to Individuals with the Most Severe Disabilities and Technical Assist- ance ProjectsÐCommunity-Based Projects. 84.129A±1 ...... Rehabilitation Long-Term TrainingÐRehabilitation 6/10/94 (59 FR 30190) ...... 10/14/94 Medicine. 84.129A±5 ...... Rehabilitation Long-Term TrainingÐProsthetics 6/10/94 (59 FR 30190) ...... 10/14/94 and Orthotics. 84.129B ...... Rehabilitation Long-Term TrainingÐRehabilitation 6/10/94 (59 FR 30190) ...... 10/14/94 Counseling. 84.129C±1 ...... Rehabilitation TrainingÐLong-Term Training: Re- 1/18/95 (60 FR 3632) ...... 3/21/95 habilitation Administration. 84.129D±1 ...... Rehabilitation Long-Term TrainingÐPhysical Ther- 6/10/94 (59 FR 30190) ...... 10/14/94 apy. 84.129E ...... Rehabilitation Long-Term TrainingÐRehabilitation 6/10/94 (59 FR 30190) ...... 10/14/94 Technology. 84.129F ...... Rehabilitation Long-Term TrainingÐVocational 6/10/94 (59 FR 30190) ...... 10/14/94 Evaluation and Work Adjustment. 84.129H ...... Rehabilitation Long-Term TrainingÐRehabilitation 6/10/94 (59 FR 30190) ...... 10/14/94 of Individuals Who Are Mentally Ill. 84.129L ...... Rehabilitation Long-Term TrainingÐUndergraduate 6/10/94 (59 FR 30190) ...... 10/14/94 Education in Rehabilitation Services. 84.129P ...... Rehabilitation Long-Term TrainingÐSpecialized 6/10/94 (59 FR 30190) ...... 10/14/94 Personnel for Rehabilitation of Individuals Who Are Blind Or Have Vision Impairment (Currently: Rehabilitation Long-Term TrainingÐRehabilita- tion of Individuals Who Are Blind). 84.129Q ...... Rehabilitation Long-Term TrainingÐRehabilitation 6/10/94 (59 FR 30190) ...... 10/14/94 of Individuals Who Are Deaf or Hard of Hearing (Currently: Rehabilitation Long-Term TrainingÐ Rehabilitation of Individuals Who Are Deaf). Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16713 LIST OF APPLICATION NOTICESÐContinued Application CFDA No. Name of program Application notice deadline date 84.129R ...... Rehabilitation Long-Term TrainingÐRehabilitation 6/10/94 (59 FR 30190) ...... 10/14/94 Job Development and Placement. 84.132A ...... Centers for Independent Living ...... 12/22/94 (59 FR 66009) ...... 3/17/95 84.160A ...... Training of Interpreters for Individuals Who Are 12/5/94 (59 FR 62511) ...... 2/28/95 Deaf and Individuals Who Are Deaf-Blind. 84.177A ...... Independent Living Services for Older Individuals 12/27/94 (59 FR 66616) ...... 2/13/95 Who Are Blind. 84.234L ...... Projects With Industry ...... 12/9/94 (59 FR 63864) ...... 3/13/95 84.235R ...... Special Projects and Demonstrations for Providing 12/9/94 (59 FR 63863) ...... 3/13/95 Vocational Rehabilitation Services to Individuals With Disabilities. 84.235S ...... Special Projects and Demonstrations for Providing 12/9/94 (59 FR 63864) ...... 3/13/95 Transitional Rehabilitation Services to Youths With Disabilities. 84.246A ...... Training Members of American Indian Tribes, State 12/5/94 (59 FR 62510) ...... 2/28/95 Vocational Rehabilitation Agency Staff, and Re- habilitation Educators on Services for American Indians With Disabilities. 84.246B ...... Training Rehabilitation and Mental Health Person- 12/5/94 (59 FR 65210) ...... 2/28/95 nel To Provide Improved Rehabilitation Services to Individuals With Mental Illness. 84.246J ...... Training Impartial Hearing Officers on Provisions of 12/5/94 (59 FR 62511) ...... 2/28/95 the Act. 84.246K ...... Personnel Specifically Trained To Deliver Services 12/5/94 (59 FR 62511) ...... 2/28/95 in Client Assistance Programs. 84.250E ...... Vocational Rehabilitation Service Projects for 6/10/94 (59 FR 30190); 12/9/94 (59 FR 63722) ...... 6/16/95 American Indians With Disabilities. 84.263A ...... Rehabilitation TrainingÐExperimental and Innova- 6/10/94 (59 FR 30190) ...... 10/14/94 tive Training. 84.264A±1 ...... Rehabilitation TrainingÐRehabilitation Continuing 6/10/94 (59 FR 30190) ...... 10/14/94 Education Programs (for Region V only). 84.264B ...... Rehabilitation Continuing Education Programs ...... 12/5/94 (59 FR 62510) ...... 2/28/95 84.275A ...... Rehabilitation TrainingÐNational Clearinghouse of 12/5/94 (59 FR 62509) ...... 2/28/95 Rehabilitation Training Materials. Office of Vocational and Adult Education 84.077 ...... Bilingual Vocational Training Program ...... 10/27/94 (59 FR 54076) ...... 12/12/94 84.099 ...... Bilingual Vocational Instructor Training Program ..... 10/27/94 (59 FR 54096) ...... 12/12/94 84.101 ...... Indian Vocational Education Training Program ...... 05/26/94 (59 FR 27406) ...... 7/29/94 84.199D ...... Cooperative Demonstration ProgramÐ(Correctional 07/13/94 (59 FR 35791) ...... 09/02/94 Education). 84.248 ...... Demonstration Projects for the Integration of Voca- 08/01/94 (59 FR 39170) ...... 09/16/94 tional and Academic Learning Program. Invitation to Comment Federal Programs) and the regulations in 34 may submit comments directly to the CFR part 79. Department. The Secretary welcomes comments The objective of the Executive order is to Any State Process Recommendation and and suggestions for improving the foster an intergovernmental partnership and other comments submitted by a State Single annual combined application notice. to strengthen federalism by relying on State Point of Contact and any comments from Please direct any comments and and local processes for State and local State, areawide, regional, and local entities suggestions to Steven N. Schatken, government coordination and review of must be mailed or hand-delivered by the date Assistant General Counsel for proposed Federal financial assistance. indicated in this notice to the following Regulations, U.S. Department of Applicants must contact the appropriate address: The Secretary, EO 12372—CFDA# Education, 600 Independence Avenue, State Single Point of Contact to find out [commenter must insert number—including SW. (room 5105, FB–10B), Washington, about, and to comply with, the State’s suffix letter, if any], U.S. Department of D.C. 20202–2241. process under Executive Order 12372. Education, room 6213, 600 Independence Applicants proposing to perform activities in Avenue, SW., Washington, DC 20202–0124. Dated: March 22, 1995. more than one State should immediately Proof of mailing will be determined on the Richard W. Riley, contact the Single Point of Contact for each same basis as applications (see 34 CFR Secretary of Education. of those States and follow the procedure 75.102). Recommendations or comments may Appendix established in each of those States under the be hand-delivered until 4:30 p.m. Executive order. A listing containing the (Washington, DC time) on the date indicated Intergovernmental Review of Federal Single Point of Contact for each State is in this notice. Programs included in this appendix. PLEASE NOTE THAT THE ABOVE This appendix applies to each program that In States that have not established a ADDRESS IS NOT THE SAME ADDRESS AS is subject to the requirements of Executive process or chosen a program for review, THE ONE TO WHICH THE APPLICANT Order 12372 (Intergovernmental Review of State, areawide, regional, and local entities SUBMITS ITS COMPLETED APPLICATION. 16714 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices DO NOT SEND APPLICATIONS TO THE Illinois New Jersey ABOVE ADDRESS. Steve Klokkenga, State Single Point of Gregory D. Adkins, Assistant Commissioner, State Single Points of Contact Contact, Office of the Governor, 107 New Jersey Department of Community Affairs Note: In accordance with Executive Order Stratton Building, Springfield, Illinois #12372, this listing represents the designated 62706, Telephone (217) 782–1671, FAX Please direct all correspondence and State Single Points of Contact. Because (217) 782–6620 questions about intergovernmental review to: participation is voluntary some States no Indiana Andrew J. Jaskolka, State Review Process, longer participate in the process. These Division of Community Resources, CN 800, include: Alaska, Colorado, Connecticut, Francis E. Williams, State Budget Agency, room 813A, Trenton, New Jersey 08625– Hawaii, Idaho, Kansas, Louisiana, 212 State House, Indianapolis, Indiana 0800, Telephone (609) 292–9025, FAX Massachusetts, Minnesota, Montana, 46204, Telephone (317) 232–2972, FAX (609) 633–2132 (317) 233–3323 Nebraska, Oklahoma, Oregon, Pennsylvania, New Mexico South Dakota, Tennessee, Virginia, and Iowa Washington. Alabama, which did not Robert Peters, State Budget Division, room participate when this list was last published Steven R. McCann, Division for Community 190, Bataan Memorial Building, Santa Fe, by the Department of Education in June 1994, Assistance, Iowa Department of Economic New Mexico 87503, Telephone (505) 827– now participates. Development, 200 East Grand Avenue, Des 3640, FAX (505) 827–3861 Moines, Iowa 50309, Telephone (515) 242– Alabama New York 4719, FAX (515) 242–4859 Jon C. Strickland, Alabama Department of New York State Clearinghouse, Division of Economic and Community Affairs, Kentucky the Budget, State Capital, Albany, New Planning and Economic Development Ronald W. Cook, Office of the Governor, York 12224,Telephone (518) 474–1605 Division, 401 Adams Avenue, Department of Local Government, 1024 North Carolina Montgomery, Alabama 36103–5690, Capitol Center Drive, Frankfort, Kentucky Chrys Baggett, Director, N.C. State Telephone (205) 242–5483, FAX (205) 242– 40601–8204, Telephone (502) 573–2382, Clearinghouse, Office of the Secretary of 5515 FAX (502) 573–2512 Admin., 116 West Jones Street, Raleigh, Arizona Maine North Carolina 27603–8003, Telephone (919) 733–7232, FAX (919) 733–9571 Janice Dunn, Joyce Benson, State Planning Office, State Arizona State Clearinghouse, 3800 N. Central House Station #38, Augusta, Maine 04333, North Dakota Avenue, Fourteenth Floor, Phoenix, Arizona 85012, Telephone (602) 280–1315, Telephone (207) 287–3261, FAX (207) 287– North Dakota Single Point of Contact, Office FAX (602) 280–1305 6489 of Intergovernmental Assistance, 600 East Boulevard Avenue, Bismarck, North Maryland Arkansas Dakota 58505–0170, Telephone (701) 224– Mr. Tracy L. Copeland, Manager, State Mr. Roland E. English III, Chief, State 2094, FAX (701) 224–2308 Clearinghouse, Office of Intergovernmental Clearinghouse for Intergovernmental Ohio Services, Department of Finance and Assistance, Maryland Office of Planning, Administration, 1515 W. 7th Street, room 301 West Preston Street, room 1104, Larry Weaver, State Single Point of Contact, 412, Little Rock, Arkansas 72203, Baltimore, Maryland 21201–2365, State Clearinghouse, Office of Budget and Management, 30 East Broad Street, 34th Telephone (501) 682–1074, FAX (501) 682– Telephone (410) 225–4490, FAX (410) 225– Floor, Columbus, Ohio 43266–0411 5206 4480 California Please direct correspondence and Michigan questions about intergovernmental review to: Grants Coordinator, Office of Planning and Richard S. Pastula, Director, Office of Federal Linda Wise, Telephone (614) 466–0698, FAX Research, 1400 Tenth Street, room 121, Grants, Michigan Department of (614) 466–5400 Sacramento, California 95814, Telephone Commerce, P.O. Box 30225, Lansing, (916) 323–7480, FAX (916) 323–3018 Rhode Island Michigan 48909, Telephone (517) 373– Delaware 7356, FAX (517) 373–6683 Daniel W. Varin, Associate Director, Department of Administration, Division of Francine Booth, State Single Point of Contact, Mississippi Planning, One Capitol Hill, 4th Floor, Executive Department, Thomas Collins Providence, Rhode Island 02908–5870, Building, P.O. Box 1401, Dover, Delaware Cathy Malette, Clearinghouse Officer, 19903, Telephone (302) 739–3326, FAX Department of Finance and Telephone (401) 277–2656, FAX (401) 277– (302) 739–5661 Administration, 455 North Lamar Street, 2083 Please direct correspondence and District of Columbia Jackson, Mississippi 39202, Telephone (601) 359–6762, FAX (601) 359–6764 questions to: Review Coordinator, Office of Charles Nichols, State Single Point of Strategic Planning Contact, Office of Grants Management and Missouri South Carolina Development, 717 14th Street, N.W., Suite Lois Pohl, Federal Assistance Clearinghouse, 500, Washington, DC 20005, Telephone Office of Administration, P.O. Box 809, Omeagia Burgess, State Single Point of (202) 727–6554, FAX (202) 727–1617 room 760, Truman Building, Jefferson City, Contact, Grant Services, Office of the Governor, 1205 Pendleton Street, room Florida Missouri 65102, Telephone (314) 751– 477, Columbia, South Carolina 29201, 4834, FAX (314) 751–7819 Suzanne Traub-Metlay, Florida State Telephone (803) 734–0494, FAX (803) 734– Clearinghouse, Intergovernmental Affairs Nevada 0385 Policy Unit, Executive Office of the Governor, Office of Planning and Department of Administration, State Texas Budgeting, The Capitol (room 1603), Clearinghouse, Capitol Complex, Carson Tom Adams, Director, Intergovernmental Tallahassee, Florida 32399–0001, City, Nevada 89710, Telephone (702) 687– Coordination, P.O. Box 13005, Austin, Telephone (904) 488–8114, FAX (904) 488– 4065, FAX (702) 687–3983 Texas 78711, Telephone (512) 463–1771, 9005, New Hampshire FAX (512) 463–1984 Georgia Jeffrey H. Taylor, Director, New Hampshire Utah Tripp Reid, Administrator, Georgia State Office of State Planning, Attn: Carolyn Wright, Utah State Clearinghouse, Clearinghouse, 254 Washington Street, Intergovernmental Review Process/James Office of Planning and Budget, room 116, S.W., room 401J, Atlanta, Georgia 30334, E. Bieber, 21⁄2 Beacon Street, Concord, New State Capitol, Salt Lake City, Utah 84114, Telephone (404) 656–3855 or 656–3829, Hampshire 03301, Telephone (603) 271– Telephone (801) 538–1535, FAX (801) 538– FAX (404) 656–7938 2155, FAX (603) 271–1728 1547 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16715 Vermont Cheyenne, Wyoming 82002, Telephone Virgin Islands Nancy McAvoy, State Single Point of (307) 777–7574, FAX (307) 638–8967 Jose George, Director, Office of Management Contact, Pavilion Office Building, 109 State Territories and Budget, #41 Norregade Emancipation Street, Montpelier, Vermont 05609, Guam Garden Station, Second Floor, Saint Telephone (802) 828–3326, FAX (802) 828– Thomas, Virgin Islands 00802 3339 Mr. Giovanni T. Sgambelluri, Director, Please direct all questions and West Virginia Bureau of Budget and Management Research, Office of the Governor, P.O. Box correspondence about intergovernmental Fred Cutlip, Director, Community 2950, Agana, Guam 96910, Telephone 011– review to: Development Division, West Virginia Development Office, Building #6, room 671–472–2285, FAX 011–671–472–2825 Linda Clarke, Telephone (809) 774–0750, 553, Charleston, West Virginia 25305, Northern Mariana Islands FAX (809) 776–0069 Telephone (304) 558–4010, FAX (304) 558– State Single Point of Contact, Planning and Note: This list is based on the most current 3248 Budget Office, Office of the Governor, information provided by the States. Wisconsin Saipan, CM, Northern Mariana Islands Information on any changes or apparent Martha Kerner, Section Chief, State/Federal 96950 errors should be provided to Donna Rivelli Relations, Wisconsin Department of Puerto Rico (Telephone (202) 395–5090) at the Office of Administration, 101 East Wilson Street, 6th Management and Budget and to the State in Norma Burgos/Jose B. Caro, Chairwoman/ Floor, P.O. Box 7868, Madison, Wisconsin Director, Puerto Rico Planning Board, question. Changes to the list will only be 53707, Telephone (608) 266–2125, FAX made upon formal notification by the State. (608) 267–6931 Federal Proposals Review Office, Minillas Government Center, P.O. Box 41119, San [FR Doc. 95–7768 Filed 3–30–95; 8:45 am] Wyoming Juan, Puerto Rico 00940–1119, Telephone BILLING CODE 4000±01±P Sheryl Jeffries, State Single Point of Contact, (809) 727–4444 or 723–6190, FAX (809) Herschler Building, 4th Floor, East Wing, 724–3270 or 724–3103 federal register March 31,1995 Friday Performance Information;FinalRule Federal AcquisitionRegulation;Past 48 CFRParts9,15,and42 Space Administration National Aeronauticsand Administration General Services Department ofDefense Part III 16717 16718 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations DEPARTMENT OF DEFENSE (3) permits offerors to submit relevant Authority: 40 U.S.C. 486(c); 10 U.S.C. past performance information to the chapter 137; and 42 U.S.C. 2473(c). GENERAL SERVICES Government; (4) excludes contracts PART 9ÐCONTRACTOR ADMINISTRATION awarded under FAR Subparts 8.6 and 8.7 from the requirement for evaluation QUALIFICATIONS NATIONAL AERONAUTICS AND of contractor performance; (5) provides 2. Section 9.104–1(c) is revised to SPACE ADMINISTRATION that past performance information files read as follows: shall not be retained to provide source 48 CFR Parts 9, 15, and 42 selection information for longer than 9.104±1 General standards. three years after completion of contract * * * * * [FAC 90±26; FAR Case 93±02] performance; and (6) contains (c) Have a satisfactory performance RIN 9000±AG45 additional guidance to facilitate the record (see 48 CFR 9.104–3(c) and part collection and use of past performance 42, subpart 42.15). A prospective Federal Acquisition Regulation; Past information. contractor shall not be determined Performance Information responsible or nonresponsible solely on B. Regulatory Flexibility Act the basis of a lack of relevant AGENCIES: Department of Defense (DOD), The Regulatory Flexibility Act (5 performance history, except as provided General Services Administration (GSA), U.S.C. 601, et seq.) applies to this final in 9.104–2; and National Aeronautics and Space rule and a Final Regulatory Flexibility Administration (NASA). * * * * * Analysis has been performed. A copy of 3. Section 9.105–1(c) is amended by ACTION: Final rule. the analysis may be obtained from the revising the introductory text to read as FAR Secretariat. SUMMARY: The Civilian Agency follows: Acquisition Council and the Defense C. Paperwork Reduction Act 9.105±1 Obtaining information. Acquisition Regulations Council have The Paperwork Reduction Act does * * * * * agreed to issue Federal Acquisition not apply because the final rule does not (c) In making the determination of Circular (FAC) 90–26, a final rule impose recordkeeping or information responsibility (see 9.104–1(c)), the amending the Federal Acquisition collection requirements which require contracting officer shall consider Regulation (FAR) to establish the approval of the Office of relevant past performance information requirements for the use of past Management and Budget under 44 (see 48 CFR part 42, subpart 42.15). In performance information in the U.S.C. 3501, et seq. addition, the contracting officer should contractor selection process. This use the following sources of information regulatory action was subject to Office List of Subjects in 48 CFR Parts 9, 15, to support such determinations: of Management and Budget review and 42 under Executive Order 12866, dated * * * * * Government procurement. September 30, 1993. Dated: March 27, 1995. PART 15ÐCONTRACTING BY EFFECTIVE DATE: May 30, 1995. NEGOTIATION C. Allen Olson, FOR FURTHER INFORMATION CONTACT: Ms. Linda Klein at (202) 501–3775 in Director, Office of Federal Acquisition Policy. 4. Section 15.406–5(b) is amended by reference to this FAR case. For general Federal Acquisition Circular revising the last two sentences to read information, contact the FAR as follows: FAC 90–26 Secretariat, Room 4037, GS Building, 15.406±5 Part IVÐRepresentations and Washington, DC 20405 (202) 501–4755. Federal Acquistion Circular (FAC) instructions. Please cite FAC 90–26, FAR case 93–02. 90–26 is issued under the authority of the Secretary of Defense, the * * * * * SUPPLEMENTARY INFORMATION: Administrator of General Services, and (b) * * * The severable parts should provide for separation of cost or pricing A. Background the Administrator for the National Aeronautics and Space Administration. data, past performance data and, when A proposed FAR rule was published needed, technical data. The instructions All Federal Acquisition Regulation in the Federal Register at 59 FR 8108 on may specify further organization of (FAR) and other directive material February 17, 1994. The proposed rule proposal or quotation parts, such as (1) contained in FAC 90–26 are effective required evaluation of past performance administrative, (2) management, (3) May 30, 1995. in all competitively negotiated technical, (4) past performance, and (5) acquisitions expected to exceed Dated: February 27, 1995. cost or pricing data. $100,000, and evaluation of contractor Eleanor R. Spector, * * * * * performance on all new contracts Director, Defense Procurement. 5. Section 15.604 is amended by exceeding $100,000. Dated: February 2, 1995. revising paragraphs (b) and (c)(3) to read Thirty-five comments from twenty- Deidre A. Lee, as follows: five sources were received during the Associate Administrator for Procurement, 15.604 Responsibilities. public comment period. All comments NASA. were considered in the development of Ida M. Ustad, * * * * * this final rule. The final rule differs Associate Administrator, Office of (b) The cognizant technical official is from the proposed rule in that it (1) Acquisition Policy, GSA. responsible for the technical and past permits agencies to use a phase-in performance requirements related to the approach for implementation of past Therefore, 48 CFR Parts 9, 15, and 42 source selection process. performance evaluation requirements; are amended as set forth below: (c) * * * (2) clarifies that firms lacking relevant 1. The authority citation for 48 CFR (3) Conducting or controlling all performance history shall receive a Parts 9, 15 and 42 continues to read as negotiations concerning cost or price, neutral evaluation for past performance; follows: technical requirements, past Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16719 performance, and other terms and proposals, need not be disclosed in 8. Section 15.610 is amended by conditions; and solicitations. The solicitation shall removing the word ‘‘and’’ at the end of * * * * * inform offerors of minimum paragraph (c)(4) and the period at the 6. Section 15.605 is amended by requirements that apply to particular end of (c)(5) and inserting ‘‘; and’’ in its revising paragraph (b), removing evaluation factors and significant place; and by adding paragraph (c)(6) to paragraph (c), redesignating (d), (e) and subfactors. read as follows: (f) as (c), (d) and (e), respectively, and * * * * * 15.610 Written or oral discussion. revising newly-redesignated (d) to read 7. Section 15.608(a) is amended by as follows: * * * * * revising the introductory text, (c) * * * redesignating paragraph (a)(2) as (a)(3), 15.605 Evaluation factors. (6) Provide the offeror an opportunity and adding a new paragraph (a)(2) to to discuss past performance information * * * * * read as follows: (b)(1) The evaluation factors that obtained from references on which the apply to an acquisition and the relative 15.608 Proposal evaluation. offeror had not had a previous opportunity to comment. Names of importance of those factors are within (a) Proposal evaluation is an individuals providing reference the broad discretion of agency assessment of both the proposal and the information about an offeror’s past acquisition officials except that— offeror’s ability to successfully performance shall not be disclosed. (i) Price or cost to the Government accomplish the prospective contract. An shall be included as an evaluation factor agency shall evaluate competitive * * * * * in every source selection. proposals solely on the factors specified 9. Section 15.1003(b) is amended by (ii) Past performance shall be in the solicitation. removing the word ‘‘and’’ at the end of evaluated in all competitively paragraph (b)(2) and the period at the * * * * * negotiated acquisitions expected to end of (b)(3) and inserting ‘‘; and’’ in its exceed $100,000 not later than January (2) Past performance evaluation. (i) place; and by adding paragraph (b)(4) to 1, 1999, unless the contracting officer Past performance information is an read as follows: documents in the contract file the indicator of an offeror’s ability to reasons why past performance should perform the contract. The comparative 15.1003 Debriefing of unsuccessful offerors. not be evaluated. Agencies may develop assessment of past performance their own phase-in schedule for past information is separate from the * * * * * performance evaluations which meets or responsibility determination required (b) * * * exceeds the following milestones: All under 48 CFR 9.103. The number and (4) Names of individuals providing solicitations with an estimated value in severity of an offeror’s problems, the reference information about an offeror’s excess of (A) $1,000,000 issued on or effectiveness of corrective actions taken, past performance. after July 1, 1995; (B) $500,000 issued the offeror’s overall work record, and * * * * * on or after July 1, 1997; and (C) the age and relevance of past $100,000 issued on or after January 1, performance information should be PART 42ÐCONTRACT 1999. Past performance may be considered at the time it is used. ADMINISTRATION (ii) Where past performance is to be evaluated in competitively negotiated 10. Section 42.302 is amended by evaluated, the solicitation shall afford acquisitions estimated at $100,000 or adding paragraph (b)(11) to read as offerors the opportunity to identify less at the discretion of the contracting follows: officer. Federal, state and local government, and (iii) Quality shall be addressed in private contracts performed by the 42.302 Contract administration functions. every source selection through inclusion offerors that were similar in nature to * * * * * in one or more of the non-cost the contract being evaluated, so that the (b) * * * evaluation factors, such as past Government may verify the offerors’ (11) Prepare evaluations of contractor performance, technical excellence, past performance on these contracts. In performance in accordance with subpart management capability, personnel addition, at the discretion of the 42.15. contracting officer, the offerors may qualifications, prior experience, and * * * * * provide information on problems schedule compliance. 11. Subpart 42.15 is added to read as encountered on the identified contracts (2) Any other relevant factors, such as follows: cost realism, may also be included. and the offerors’ corrective actions. Past performance information may also be Subpart 42.15ÐContractor Performance * * * * * Information (d) The solicitation should be obtained from other sources known to structured to provide for the selection of the Government. The source and type of Sec. past performance information to be 42.1500 Scope of subpart. the source whose proposal offers the 42.1501 General. greatest value to the Government in included in the evaluation is within the broad discretion of agency acquisition 42.1502 Policy. terms of performance, risk management, 42.1503 Procedures. cost or price, and other factors. The officials and should be tailored to the solicitation shall clearly state the circumstances of each acquisition. 42.1500 Scope of subpart. evaluation factors, including cost or Evaluations of contractor performance This subpart provides policies and price, cost or price-related factors, past prepared in accordance with 48 CFR establishes responsibilities for recording performance and other non-cost or non- part 42, subpart 42.15 are one source of and maintaining contractor performance price-related factors, and any significant performance information which may be information. It implements Office of subfactors, that will be considered in used. Federal Procurement Policy Letter 92–5, making the source selection, and their (iii) Firms lacking relevant past Past Performance Information. This relative importance (see 15.406–5(c)). performance history shall receive a subpart does not apply to procedures Numerical weights, which may be neutral evaluation for past performance. used by agencies in determining fees employed in the evaluation of * * * * * under award or incentive fee contracts. 16720 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations However, the fee amount paid to that performed the contract. The content therefore be marked ‘‘Source Selection contractors should be reflective of the and format of performance evaluations Information’’. The completed evaluation contractor’s performance and the past shall be established in accordance with shall not be released to other than performance evaluation should closely agency procedures and should be Government personnel and the parallel the fee determinations. tailored to the size, content, and contractor whose performance is being complexity of the contractual evaluated during the period the 42.1501 General. requirements. information may be used to provide Past performance information is (b) Agencies shall not evaluate source selection information. Disclosure relevant information, for future source performance for contracts awarded of such information could cause harm selection purposes, regarding a under 48 CFR part 8, subparts 8.6 and both to the commercial interest of the contractor’s actions under previously 8.7. Agencies shall evaluate Government and to the competitive awarded contracts. It includes, for construction contractor performance position of the contractor being example, the contractor’s record of and architect/engineer contractor evaluated as well as impede the conforming to contract requirements performance in accordance with 48 CFR efficiency of Government operations. and to standards of good workmanship; 36.201 and 36.604, respectively. Evaluations used in determining award the contractor’s record of forecasting 42.1503 Procedures. or incentive fee payments may also be and controlling costs; the contractor’s used to satisfy the requirements of this (a) Agency procedures for the past adherence to contract schedules, subpart. including the administrative aspects of performance evaluation system shall performance; the contractor’s history of generally provide for input to the (c) Departments and agencies shall reasonable and cooperative behavior evaluations from the technical office, share past performance information and commitment to customer contracting office and, where with other departments and agencies satisfaction; and generally, the appropriate, end users of the product or when requested to support future award contractor’s business-like concern for service. decisions. The information may be the interest of the customer. (b) Agency evaluations of contractor provided through interview and/or by performance prepared under this sending the evaluation and comment 42.1502 Policy. subpart shall be provided to the documents to the requesting source (a) Except as provided in paragraph contractor as soon as practicable after selection official. (b) of this section, agencies shall prepare completion of the evaluation. (d) Any past performance information an evaluation of contractor performance Contractors shall be given a minimum of systems, including automated systems, for each contract in excess of $1,000,000 30 days to submit comments, rebutting used for maintaining contractor beginning July 1, 1995, $500,000 statements, or additional information. performance information and/or beginning July 1, 1996, and $100,000 Agencies shall provide for review at a evaluations should include appropriate beginning January 1, 1998, (regardless of level above the contracting officer to management and technical controls to the date of contract award) at the time consider disagreements between the ensure that only authorized personnel the work under the contract is parties regarding the evaluation. The have access to the data. completed. In addition, interim ultimate conclusion on the performance (e) The past performance information evaluations should be prepared as evaluation is a decision of the shall not be retained to provide source specified by the agencies to provide contracting agency. Copies of the selection information for longer than current information for source selection evaluation, contractor response, and three years after completion of contract purposes, for contracts with a period of review comments, if any, shall be performance. performance, including options, retained as part of the evaluation. These exceeding one year. This evaluation is evaluations may be used to support [FR Doc. 95–7827 Filed 3–30–95; 8:45 am] generally for the entity, division, or unit future award decisions, and should BILLING CODE 6820±34D±P federal register March 31,1995 Friday Standards; FinalRule Requirements andPerformance Underground MiningPermitApplication Permanent RegulatoryProgram; 30 CFRParts701,784,817,and843 Enforcement Office ofSurfaceMiningReclamationand Interior Department ofthe Part IV 16721 16722 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations DEPARTMENT OF THE INTERIOR enforcement procedures to ensure underground coal mining operations prompt compliance with section 720(a) conducted after October 24, 1992, Office of Surface Mining Reclamation of the Surface Mining Control and promptly repair or compensate for and Enforcement Reclamation Act (SMCRA) and the material damage to non-commercial implementing regulations. The buildings and occupied residential 30 CFR Parts 701, 784, 817, and 843 performance standards implementing dwellings and related structures as a RIN 1029±AB69 section 720(a) are set forth in 30 CFR result of subsidence due to underground §§ 817.41(j) and 817.121(c)(2) and (c)(4). coal mining operations. Repair of Permanent Regulatory Program; OSM will determine for each such State damage includes rehabilitation, Underground Mining Permit whether to apply (1) direct interim restoration, or replacement of the Application Requirements; Federal enforcement of the Energy structures identified by section Underground Mining Performance Policy Act and implementing 720(a)(1), and compensation must be Standards performance standards, for some or all provided to the owners in the full surface coal mining operations; or (2) amount of the diminution in value AGENCY: Office of Surface Mining the oversight procedures of §§ 843.11 resulting from the subsidence. Section Reclamation and Enforcement, Interior. and 843.12(a)(2); or (3) a combination of 720(a)(2) requires prompt replacement ACTION: Final rule. direct Federal enforcement and State of certain identified water supplies which have been adversely affected by SUMMARY: The Office of Surface Mining enforcement. As part of the Reclamation and Enforcement (OSM) of determination process, OSM will underground coal mining operations. Under section 720(b), the Secretary of the U.S. Department of the Interior consult with each affected State and the Interior is required to promulgate (DOI) is amending the regulations provide opportunity for public final regulations to implement the applicable to underground coal mining comment. For each State, OSM will provisions of section 720(a) by October and control of subsidence-caused publish its determination in the Federal 24, 1993. damage to lands and structures and Register. EFFECTIVE DATE: May 1, 1995. On September 24, 1993 (58 FR 50174), certain water supplies, through the OSM published a proposed rule to FOR FURTHER INFORMATION CONTACT: adoption of permitting requirements, amend the regulations applicable to Nancy R. Broderick, Branch of Federal performance standards, and underground coal mining and control of and Indian Programs, Office of Surface implementation procedures. The subsidence-caused damage to lands and Mining Reclamation and Enforcement, regulations will require all underground structures through the adoption of a U.S. Department of the Interior, 1951 coal mining operations conducted after number of permitting requirements and Constitution Avenue, NW., Washington, October 24, 1992, to promptly repair or performance standards. The regulatory DC 20240; telephone (202) 208–2564. compensate for material damage to non- and litigation history of relevant commercial buildings and occupied SUPPLEMENTARY INFORMATION: subsidence control issues addressed in residential dwellings and related I. Background. this final rule was contained in the structures as a result of subsidence due II. Discussion of Rule and Response to Public preamble to the proposed rulemaking. to underground coal mining operations, Comments. 58 FR 50175, 50177 (September 24, III. Procedural Matters. and to replace drinking, domestic, and 1993). In addition to the provisions residential water supplies which have I. Background intended to implement new SMCRA been adversely affected by underground Energy Policy Act section 720, the proposed rule included coal mining operations. The rule will other subsidence-related provisions. require repair of damage to include The Energy Policy Act of 1992, Pub.L. These additional provisions were rehabilitation, restoration, or 102–486, 106 Stat. 2776 (1992) developed to address issues raised by replacement of the identified structures, (hereinafter, ‘‘the Energy Policy Act’’) commenters’ responses to a July 18, or compensation to the owners in the was enacted October 24, 1992. Section 1991 Notice of Inquiry soliciting public full amount of the diminution in value 2504 of that Act, 106 Stat. 2776, 3104, comment on existing subsidence resulting from the subsidence. A pre- amends the Surface Mining Control and regulations. OSM indicated in the subsidence survey will be required to Reclamation Act of 1977 (SMCRA), 30 proposed rule that it contemplated that document the condition of non- U.S.C. 1201 et seq. As noted in the the rules implementing SMCRA section commercial buildings and occupied legislative history describing a 720 would immediately supersede residential dwellings and related predecessor to section 2504, the section inconsistent state performance structures subject to subsidence-related ‘‘provides for greater stability in the standards, and would take effect damage caused by underground mining surface mining act program by settling immediately, applicable to underground activities. The survey will also be controversies over subsidence mining that occurred after October 24, required to document the quantity and protection.’’ H.R. Rep. No. 474, 102d 1992. OSM anticipated that all other quality of all drinking and domestic Cong., 2d Sess. pt. 8 at 86 (1992). The provisions would become effective in water supplies that could be report also states that ‘‘at present, the same way as other revisions to the contaminated, diminished, or OSM’s regulations do not protect permanent program regulations; i.e., 30 interrupted by subsidence. In addition, coalfield citizens from the types of days following of promulgation for a permittee will be required to provide, damages that can occur from land Federal program States and on Indian when necessary, an additional subsidence caused by underground coal lands, and upon the adoption of performance bond to cover subsidence- mining, either in the form of counterpart State regulatory program related damage that has occurred to compensation for, or repair of, damages provisions in primacy States. protected structures or water supplies. to homes and other structures as well as OSM held public hearings on the Within 120 days from the publication replacement of adversely affected water proposed subsidence rule in Harrisburg, of the rule, OSM will, in consultation supplies.’’ Id. Pennsylvania, November 8, 1993; with the State Regulatory authority, Section 2504 of the Energy Policy Act Columbus, Ohio, November 9, 1993; determine for each State with an added a new section 720 to SMCRA. Whitesburg, Kentucky, November 16, approved State regulatory program, the Section 720(a)(1) requires that all 1993; Salt Lake City, Utah, November Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16723 17, 1993; Washington, DC, November The requirements to repair or drinking, sanitation or other domestic 19, 1993; and Washington, compensate for damage to structures, use, for such enterprises. Pennsylvania, November 22, 1993. The and replace water supplies, were Several commenters agree with OSM comment period for the proposed rule effective upon passage of the Energy that the definition is needed to closed on January 24, 1994 (as extended Policy Act. Permittees in both primacy implement SMCRA Section 720(a)(2), on November 22, 1993, 58 FR 61638). States and Federal program States, as which requires prompt replacement of Over 275 commenters submitted well as on Indian lands, are required to certain identified water supplies which comments on the proposed rule. comply with these provisions of the have been adversely affected by One commenter initially submitted a Energy Policy Act for their operations underground coal mining operations. petition for rulemaking that requested conducted after October 24, 1992. In the Commenters also concur with the the Secretary to finalize the rules proposed rulemaking, each regulatory proposed definition to the extent it proposed on September 24, 1993 authority was encouraged, pending excludes water from wells or springs regarding the regulation of water loss direct enforcement in a State, to conduct that serve only commercial agricultural and property damage caused by investigations of any complaints or other commercial or industrial underground coal mining operations, alleging violations of the nature covered enterprises and do not supply drinking and until such regulations are under new section 720(a). This was water. In response to a recommendation promulgated, to impose a moratorium intended to ensure that circumstances at by commenters, OSM recognizes that on the issuance of new underground a site of alleged violations were water pooled in abandoned mining permits if such operations observed and documented underground workings could be used as would present a high risk of subsidence- contemporaneously, and that the a water supply for drinking, domestic or related damage. In a subsequent letter, documentation would be available for residential uses, and that it is not the commenter stipulated that they did later enforcement action if necessary. uncommon in certain areas for not intend the petition to be considered OSM conducted investigations of individual residents or communities to a petition for rule-making as provided in complaints reported to OSM if the State obtain their water supply by SMCRA section 201(g)(1) et seq. regulatory authority chose not to withdrawing water from such In the course of analyzing the conduct an investigation. OSM and underground workings. In such cases, comments received on the proposed most State regulatory authorities the underground workings reasonably rule, OSM discussed subsidence-related ensured that complaints were may be described as equivalent to a well issues with coal operators and citizens documented and a record of alleged or spring. during an on-site tour of coal fields. As violations was maintained. A number of commenters argue that a result, OSM reopened the comment inclusion of the appurtenant delivery period to allow interested persons time Promulgation of final Federal system in the definition goes beyond the to review additional material which regulations is necessary to enforce the mandate of the Energy Policy Act. OSM consisted of meeting notes from these Energy Policy Act requirements to concludes that inclusion of the delivery discussions and handouts and a video repair or compensate for damages, and system as part of the water supply is tape received during the field tour. 59 replace an adversely affected water imperative to fulfilling Congressional FR 37952–37953 (July 26, 1994). This supply, due to underground coal intent to protect drinking, domestic and information was added to the operations that occurred after October residential water supplies. OSM Administrative Record and was also 24, 1992. believes that to provide otherwise available for review at the OSM offices II. Discussion of Final Rule and would fail to ensure meaningful in Pittsburgh, PA; Denver, CO; Response to Public Comments replacement of water to the user, Harrisburg, PA; Columbus, OH; because delivery is essential to provide Knoxville, TN; and Lexington, KY. Section 701.5—Definitions a water supply at the point of use or In the Federal Register notice to consumption. OSM believes inclusion reopen the comment period, OSM took The following definitions of terms are of the delivery system is therefore the opportunity to respond to comments adopted in the final rulemaking: necessary to make whole the user of a received during the initial comment ‘‘drinking, domestic or residential water protected water supply. OSM believes period on the proposed rule, and to supply,’’ ‘‘material damage,’’ ‘‘non- this is what Congress intended. requests by States and OSM field offices commercial building,’’ ‘‘occupied A significant number of commenters to clarify the requirement for residential dwelling and structures recommend that agricultural water replacement of water supplies. OSM related thereto,’’ and ‘‘replacement of supplies, including water used to keep requested specific comment on an water supply.’’ The proposed definition stock animals, should be protected. alternative provision to clarify the of the term ‘‘structures or facilities’’ is OSM believes that the Energy Policy Act requirement under sections 717(b) and not being adopted. mandates protection of water supplies 720(a)(2) of SMCRA that an operator Definition of Drinking, Domestic or used for drinking, domestic and replace certain types of water supplies. Residential Water Supply residential purposes. In implementing Under the alternative, when the owner this mandate, OSM believes it is confirms in writing that the owner does The definition for drinking, domestic reasonable to distinguish commercial not desire replacement of the water or residential water supply is being agricultural and horticultural uses of delivery system, and no such system is adopted with changes. ‘‘Drinking, water from domestic uses such as non- needed for either the existing or domestic or residential water supply’’ commercial farming, gardening and approved postmining land uses, the would mean water received from a well other horticultural activities. OSM permittee may provide replacement of or spring and any appurtenant delivery concludes that the terms ‘‘domestic’’ the water supply by demonstrating that system that provides water for direct and ‘‘residential’’ are intended to have an equivalent water source exists that human consumption or household use. broader meaning than merely drinking can be developed if desired by future Wells and springs that serve only water for human consumption. Rather, owners. OSM received 26 comments agricultural, commercial or industrial these terms reasonably should be during the comment period which enterprises are not included except to understood to include a full range of closed on August 25, 1994. the extent they also supply water for domestic uses, including irrigation of 16724 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations non-commercial gardens and commenters argue that the problem with experience and its observation and agricultural fields, and use of well and a national definition is further evaluation of regulatory program spring water for household purposes exacerbated by the vague terms used to implementation, that such a national other than human consumption. OSM define material damage. The policy framework is needed to confer an believes it is reasonable to interpret the commenters add that the terms appropriate minimum degree of language of the Energy Policy Act to ‘‘functional impairment’’ and consistency in the determinations made distinguish private homeowners from ‘‘significant adverse impact’’ do not by the regulatory authorities and to commercial and other non-domestic provide much guidance when applying ensure a level playing field. The water supply users. Many rural the definition of material damage to a definition of ‘‘material damage’’ covers homeowners conduct extensive non- wide variety of situations and damage to the surface and to surface commercial domestic agricultural and circumstances. features, such as wetlands, streams, and horticultural activities, as an integral Another group of commenters identify bodies of water, and to structures or and even essential part of a homestead. two perceived problems with the facilities. OSM believes the final rule Failure to require replacement of the proposed definition of material damage. language will still allow each regulatory water supply needed for such domestic First, the definition fails to explicitly authority to clarify or more specifically agricultural and horticultural uses include the loss of value to the land or define the term, if appropriate, and to would fail to make the residential user structures as being material damage. use it in a manner appropriate for whole. Therefore, OSM believes this The commenters allege that the Energy subsidence problems in the individual protection reasonably implements the Policy Act language supports a ‘‘loss of jurisdiction. OSM believes the use of the Energy Policy Act. value’’ component to the definition by term ‘‘significant’’ is consistent with the providing for repair or compensation commonly understood meaning of the Definition of Material Damage ‘‘in the full amount of the diminution in term ‘‘material,’’ as ‘‘substantial; The definition of material damage is value from the subsidence’’. The noticeable;’’ or ‘‘of importance.’’ See being adopted as proposed. The term commenters note that under the American Heritage Dictionary, Second material damage, in the context of proposed definition, subsidence damage College Edition. OSM believes this §§ 784.20 and 817.121 of this chapter, that did not impair the function of a meaning is also consistent with the means any functional impairment of structure but did result in damage that context in which the term ‘‘material surface lands, features, structures or caused the fair market value of the damage’’ is used, both in the Energy facilities. The material damage structure to decline, even to the point Policy Act and in other provisions of threshold includes any physical change where the structure could not be sold on SMCRA. OSM believes that if an impact that has a significant adverse impact on the market, would not be considered is insignificant, then the regulatory the affected land’s capability to support material damage. authority could reasonably conclude any current or reasonably foreseeable These commenters point out a second that the damage is not material. OSM uses, or that causes significant loss in perceived problem with the proposed intends that the determination as to the production or income, or any significant definition. They consider that the use of significance of impact should be made change in the condition, appearance or the qualifier ‘‘significantly’’ in the on a case-by-case basis, depending on utility of any structure or facility from definition creates too high a threshold of the individual circumstances. Moreover, its pre-subsidence condition. It would ‘‘materiality’’ and charged that the result OSM intends that any damage that also include any situation in which an is a definition that is contrary to the causes the value of a structure to decline imminent danger to a person would be remedial purposes of SMCRA and the materially would be covered by the created. Energy Policy Act. They add that the definition, including damage to the A number of commenters opposed the proposed high threshold of materiality condition, appearance, or utility of the definition of material damage as being would not allow all of the injured structure. too broad and subjective. The property owners the ability to benefit OSM believes this definition strikes a commenters added that extending the from the full protection intended by balance that will, on the one hand, definition to include impairment of Congress. The commenters also provide some additional guidance, surface lands or physical change that maintain that the rules fail to establish while on the other hand ensuring adversely impacts the land’s capability, the context in which significant would enough flexibility to support OSM’s goes beyond the requirements of the be defined. The commenters position that determinations as to Energy Policy Act. The commenters recommend that the term material damage should be made on a claim that the Energy Policy Act does ‘‘significantly’’ be dropped from the case-by-case basis. Thus, OSM wishes to not necessitate that OSM adopt a definition, and that the definition be emphasize that it is the responsibility of national definition for material damage clarified to include the loss of value to the regulatory authority to make specific especially since there currently is no the land or structures as material determinations on a case-by-case basis national definition of this term as it is damage, and modified to reflect their as to what would constitute material used in SMCRA. The commenters rely belief that Congress intended a low damage under its regulatory program, on the history of the term material threshold for material damage. consistent with the final definition in damage to assert that the reasons that OSM has considered these comments, paragraph 701.5. This will ensure that OSM has not defined the term in the but is not adopting these changes. OSM the term is applied appropriately to the past are applicable to implementing the believes that the final definition of subsidence problems in each Energy Policy Act. The commenters go material damage is supported by both jurisdiction. on to state that a national definition SMCRA and the Energy Policy Act. It is would lead to needless litigation as the both necessary and appropriate to Definition of Non-Commercial Building term is applied to a wide variety of provide an overall policy framework at The definition of the term ‘‘non- circumstances, and the task of defining the national level, within which the commercial building’’ is being adopted the term is better left to the individual state regulatory authorities may as proposed with minor changes. A non- regulatory authorities, who could define continue to make individual commercial building would mean any the term in a manner appropriate for determinations of ‘‘material damage.’’ It building, other than an occupied their respective jurisdictions. The is OSM’s conclusion, based on its residential dwelling, that, at the time Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16725 the subsidence occurs, is used on a the dwelling; fences and other adequate protection of buildings and regular or temporary basis as a public enclosures; retaining walls; paved or structures from underground mining. building or community or institutional improved patios, walks and driveways; One commenter noted that a broad building as those terms are defined in septic sewage treatment facilities; and definition of the term ‘‘structures or § 761.5 of this chapter. Buildings used lot drainage and lawn and garden facilities’’ is supported by the House only for commercial agricultural, irrigation systems. Any structure used Committee Report accompanying the industrial, retail or other commercial only for commercial agricultural, House revisions to the Energy Policy enterprises are excluded. industrial, retail, or other commercial Act: A number of commenters agree that purposes would be excluded. It is the Committee’s intent that the the definitions for ‘‘non-commercial OSM recognizes that a similar term terms ‘‘structure or facility’’ be buildings’’ and ‘‘occupied residential ‘‘occupied dwelling’’ is currently construed to extend to any improvement dwelling and structures related thereto’’ defined in 30 CFR 761.5 as ‘‘any on or in the land, such as houses; are needed to implement section 2504 of building that is currently being used on buildings; gas, water, sewage or other the Energy Policy Act, which requires a regular or temporary basis for human pipelines; telephone, electric and other all underground coal mining operations habitation.’’ This term is so defined for cables; and water impoundments. to promptly repair or compensate for purposes of Part 761, which implements H.R. Rep. No. 474, 102d Cong. 1st Sess., material damage to non-commercial SMCRA § 522(e)(5), and which, with pt. 8, at 133 (1992). buildings and occupied residential certain exceptions, does not allow However, this report accompanied a dwellings or related structures as a surface coal mining operations to be previous version of the Energy Policy result of subsidence due to underground conducted within 300 feet of any Act, which was not passed. And that mining operations. ‘‘occupied dwelling.’’ OSM has adopted earlier version, unlike the Energy Policy In response to a commenter, OSM has a somewhat different definition for the Act, did not require that OSM prepare revised the proposal to clarify that term ‘‘occupied residential dwelling’’ a study to evaluate existing subsidence ‘‘commercial’’ agricultural enterprises for purposes of implementing the protections of pipelines, before any are excluded. The definition specifically Energy Policy Act provisions decision on rulemakings to make provides that buildings used only for concerning subsidence control, because changes in protection of pipelines. commercial agricultural and other of the different purposes served by the Therefore, OSM believes that the quoted commercial use are not covered in the definitions and the different language of language is not dispositive as to definition of ‘‘non-commercial’’ the Energy Policy Act. Congress’ intent on interpretation of the building. Further, the definition term. requires that the non-commercial use of A group of commenters suggest that OSM considered all comments on the a building exist on a regular or the definition is overly broad and proposed definition, and reevaluated its temporary basis at the time subsidence should be limited to the intentions of position on this provision. OSM agrees damage occurs. Congress found in the Energy Policy Act with those commenters who argue that which were meant to protect only section 2504 of the Energy Policy Act Definition of Occupied Residential residences and their water supplies. did not mandate protection of structures Dwelling and Related Structures OSM disagrees with the commenters’ and facilities beyond those specifically This provision as proposed defined characterization of congressional intent. noted in section 2504 of the Energy the term ‘‘occupied residential dwelling OSM maintains that the definition for Policy Act, and OSM has concluded that and related structures’’ as any building ‘‘occupied residential dwelling and the record does not clearly establish that or other structure that, at the time structures related thereto’’ is needed to a nation-wide problem exists requiring subsidence occurs, is used for human implement Section 2504 of the Energy further subsidence protection of habitation. This definition in the final Policy Act of 1992, which requires all structures and facilities not specifically rule is revised by adding the phrase underground coal mining operations to mentioned in section 2504. Therefore, ‘‘temporarily, occasionally, seasonally, promptly repair or compensate for OSM has decided to address in this or permanently’’ used for human material damage to non-commercial rulemaking only those structures habitation. buildings and occupied residential addressed in the Energy Policy Act. OSM agrees with the commenters that dwellings and related structures as a Therefore OSM is withdrawing the the definition of an ‘‘occupied result of subsidence due to underground proposed definition and performance residential dwelling and structures mining operations. standards concerning the term related thereto’’ should be revised to Definition of Structures or Facilities ‘‘structures and facilities.’’ protect dwellings that are not occupied A number of commenters urge that on a daily basis but are occupied at In the proposed rule, OSM defined OSM take various steps in this some time. This change is intended to structures and facilities as any building, rulemaking to clarify or change existing recognize that dwellings such as rental constructed object or improvement subsidence control requirements homes, seasonal homes, and camping whether installed on, above, or below concerning protection of natural gas and cabins are entitled to protection. This the land surface, including, but not petroleum pipelines. Other commenters term also would include any building, limited to, park facilities; roads; request that OSM confirm in this structure, or facility installed on, above, cemeteries; utilities; fences and other rulemaking the applicability of existing or below, or a combination thereof, the enclosures; retaining walls; and septic rules to such pipelines. However, OSM land surface if that building, structure, sewage treatment, irrigation and has concluded that any actions in this or facility is adjunct to or used in drainage systems. rulemaking to clarify, change or connection with the occupied dwelling, Commenters argue that the Energy otherwise evaluate existing subsidence including non-commercial agricultural Policy Act does not specifically address control requirements for protection of and horticultural activities. Examples of commercial and certain other non- such pipelines would be premature and such structures include, but are not commercial structures. In addition, the contrary to Congressional intent as limited to, garages; storage sheds and commenters note that there is no need expressed in the Energy Policy Act of barns; greenhouses and related for the expanded definition because 1992. That act provided, in section buildings; utilities and cables serving current regulations already provide for 2504(a)(2), that: 16726 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations (A) The Secretary of the Interior shall application of subsidence performance supply is provided, the permittee would review existing requirements related to standards to natural gas and petroleum pay the cost of providing the temporary underground coal mine subsidence and pipelines will be taken after completion water supply. natural gas and petroleum pipeline and distribution of the review and A number of commenters support the safety. Such review shall consider the report. requirement for the payment of following with respect to subsidence: operation and maintenance costs in Definition of Replacement of Water notification; mitigation; coordination; excess of the customary and reasonable Supply ** * and the status of Federal, State costs for the delivery of the premining and local laws, as well as common law, The definition of the term water supply. However, the commenters with respect to prevention or mitigation ‘‘replacement of water supply’’ is being suggested OSM consider a lump sum of damage from subsidence. adopted as proposed with additional payment as an alternative to annual (B) The review shall also include a changes. In the final rule, ‘‘replacement payments for operation and survey of the status of Federal, State, of water supply’’ means, with respect to maintenance costs for a permanent and local laws, with respect to the protected water supplies contaminated, water supply. OSM has considered the responsibilities of the relevant parties diminished, or interrupted by coal commenters’ views and has decided to for costs resulting from damage due to mining operations, the provision of a adopt most of these suggestions. If subsidence or from mitigation efforts water supply on both a temporary and agreed to by the water supply owner, a undertaken to prevent damage from permanent basis, which is equivalent to one-time payment based on the present subsidence. the premining quantity and quality. worth of the increased annual operating (C) In conducting the review, the Replacement includes provision of an costs for a period of time agreed upon Secretary * * * shall consult with equivalent water delivery system and by the water supply owner and the ** * the Attorney General of the payment of operation and maintenance permittee would be considered an United States, appropriate officials of costs in excess of customary and acceptable method to fulfill the relevant States, and owners and reasonable delivery costs for the obligation to pay for the operation and representatives of natural gas and premining water supply. The definition maintenance costs of a permanent water petroleum pipeline companies and coal is applicable to both underground coal supply in excess of customary and companies. mining operations and surface mining reasonable premining costs. A lump Subsection (2)(D) requires the operations that affect water supplies. sum payment may be preferable to Secretary to submit a report detailing The final rule is intended to apply to annual or other periodic payments the results of the review to specified replacement of water supply under both because only one transaction is needed. Congressional committees. Subsection sections 717(b) and 720(a)(2) of SMCRA. Annual payment is not assured if the (2)(D) also provides that: Several commenters assert that the permittee encounters financial Where appropriate, the Secretary of proposed requirement that the permittee difficulties or goes out of business. the Interior shall commence a pay for the operation and maintenance Periodic payments could involve rulemaking to address any deficiencies costs of the replacement water supply complex calculations and excessive and in existing law determined in the review goes beyond the statutory requirements unproductive paperwork and record- under subparagraph (A) regarding of the Energy Policy Act which only keeping. Provision for a lump sum notification, coordination and requires the ‘‘replacement’’ of the water payment should reflect the predicted mitigation. supply. OSM does not agree. OSM useful life of a water supply delivery Thus, Congress directed that OSM maintains that payment of replacement system. For example, 20 years could be review and report on the status of water supply operation and a reasonable amount of time to hold a existing Federal law and consult with maintenance costs in excess of permittee responsible for costs when the the Attorney General in that review, premining costs is a logical aspect of the delivery system from a spring or well and, where appropriate, commence a requirement to replace the water supply. would likely have required repairs rulemaking to address any deficiencies This provision would ensure that the within the 20-year period even if the identified in the review. OSM believes owner or user of the water supply is spring or well had not been affected by it would be premature to summarize the made whole, and that no additional mining. status of existing law or clarify or revise costs are passed on to the water supply Commenters argue that the definition existing law, before the mandated user after the replacement water supply should state that the replacement water review and report are finished. OSM is is installed, beyond those that are supply need only provide the quantity currently in the process of completing customary and reasonable for the and quality required for actual use. In the report. Therefore, in this rulemaking premining supply. The definition addition, the commenters recommend OSM will not address the status of contemplates that the permittee will pay that the phrase ‘‘provision of an existing law protecting natural gas and the capital costs of installing the equivalent water delivery system’’ be petroleum pipelines from subsidence. replacement water supply. For example, deleted because the proposed definition Similarly, OSM will not clarify or if the use of well water can continue, appears to limit replacement to water change existing law, except that, as the permittee would pay the cost of delivery systems. Under this condition discussed elsewhere in this rulemaking, designing, drilling, and completing a the permittee would not be able to OSM is interpreting section 720 to new or deeper well; purchasing and replace the water supply by any means require that individual pipeline installing a pump; and/or purchasing other than a ‘‘water delivery system.’’ connectors attached to structures and installing a treatment system, as OSM maintains that the provision of otherwise protected under section 720 necessary. If the replacement water water quality and quantity equivalent to are subject to the protections of section supply involves a hook-up to a public that of premining supplies is plainly 720. OSM has concluded that this or private water supply system, the required by the term ‘‘replacement.’’ limited protection is necessary to ensure permittee would pay the hook-up costs, Replacement of the delivery system is a that owners of otherwise protected including fees, purchase of equipment reasonable aspect of replacement. The structures are made whole when and supplies, and construction. If a requirement of replacement of water material damage occurs. Any action temporary water supply is necessary supply includes replacement at no appropriate to clarify or revise the before the permanent replacement water significant cost to the water supply Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16727 owner above that which was being paid A commenter notes that the definition inconsistent with the Energy Policy Act by the owner for water supply prior to does not address the doctrine of prior requirement to replace the affected the damage. The obligation of the appropriation and state law regarding water supply, and assert that there is no Energy Policy Act is to replace the the replacement of water rights and authority to waive water replacement, in supply, as noted in the legislative requested that the definition include a the absence of explicit statutory history. OSM believes that to require reference to state law. OSM has authorization of waiver. These that the water supply owner be made concluded that no such discussion is commenters allege that the permittee is whole without imposing significant required in this definition. As discussed obliged to replace the water supply, additional costs will most reasonably in more detail below in the preamble including the delivery system, at no implement the Energy Policy Act. discussion of section 817.42(j), neither additional cost to the owner. The A commenter recommends that the this definition nor the requirement to commenters alleged that the proposed definition of ‘‘replacement’’ address replace drinking, domestic, and provision would extinguish the time limits for providing both interim residential water supplies are intended replacement rights of tenants, fails to replacement and permanent to affect rights to consume or protect the reasonably foreseeable uses replacement. The commenter legitimately use a water supply under a and values of property, and fails to recommends a 48-hour time period to senior water right pursuant to State law. ensure implementation of hydrological provide a temporary replacement and 1– Commenters argue that it would be protection provisions of SMCRA. 2 years to provide permanent inappropriate to require replacement of OSM does not agree that this replacement. OSM agrees that some a water supply that is not needed for the provision would fail to ensure guidance on the issue of timing of water approved postmining land use. In implementation of the hydrologic supply replacement would aid in addition, OSM received requests from protection requirements of sections consistent implementation of States and OSM field offices to clarify 816.41 and 817.41. Existing replacement requirements. If a the requirement for replacement of requirements remain in place, and the temporary water supply is needed water supplies. In response to these permittee must comply with them. OSM before the permanent replacement water comments, OSM considered an expects that any water rights of tenants supply is provided, it is reasonable to alternative provision for replacement of vis-a-vis a landlord may properly be expect that the permittee will provide water supplies. In the July 26, 1994, protected under the terms of the replacement within a reasonable notice reopening the public comment applicable lease for the property. OSM period on the proposed rule to provide also does not agree that this provision amount of time. OSM believes that for review and comment on additional will fail to protect the reasonably prompt replacement should typically information added to the Administrative foreseeable uses and values of the provide: emergency replacement, Record, OSM requested comments on property, since any decision to forego temporary replacement, and permanent the proposed alternative provision for construction of a delivery system must replacement of a water supply. Upon water supply replacement (59 FR be consistent with the postmining land notification that a user’s water supply 37953). This provision provides that use, and the permittee is still required was adversely impacted by mining, the when the property owner confirms in to ensure that a water source equivalent permittee should reasonably provide writing that the owner does not desire to premining quality and quantity is drinking water to the user within 48 replacement of the delivery system, and available. hours of such notification. Within two no such system is in use at the time of OSM has decided to adopt the weeks of notification, the permittee loss, contamination, or interruption, and provision outlined in the Federal should have the user hooked up to a no such system is needed for the Register notice reopening the comment temporary water supply. The temporary approved postmining land uses, then period on the proposed rule. Thus, the water supply should be connected to the the permittee may provide replacement owner would have the option of existing plumbing, if any, and allow the of the water supply by demonstrating foregoing installation of a delivery user to conduct all normal domestic that an equivalent water source exists system, in those circumstances in which usage such as drinking, cooking, that can be developed if desired by the system would be neither wanted or bathing, and washing. Within two years future owners. Under this provision an needed, and would not be used if of notification, the permittee should owner could forgo replacement of the installed. This provision would ensure connect the user to a satisfactory water delivery system if the system is that all coal mining operations must be permanent water supply. This guidance not needed for maintenance of the conducted so that water resources is intended to assist regulatory existing land use or attainment of the remain to support the existing and authorities in deciding if water supplies postmining land use. The permittee proposed use of the land. The only have been ‘‘promptly’’ replaced. would still be required to demonstrate feature that may be waived is a water A commenter expresses concern that the availability of a water source delivery system that would not be used adoption of the provision to require equivalent to premining quantity and for the postmining land use, and was both underground mining operations quality, so that the current owner or his not needed for the land use that existed and surface mining operations to or her successor could utilize the water before mining. Also, the permittee must replace water supplies would violate the if desired in the future. Where the demonstrate the availability of a water Administrative Procedure Act (APA). spring or well also serves other source equivalent to premining quality The commenter charges that surface purposes, the quantity of the and quantity. Therefore, OSM believes mine operators were not given adequate replacement supply only needs to be that the final rule ensures compliance notice and opportunity to comment on equivalent to the premining water with the Energy Policy Act and section the proposed provision. OSM disagrees. supply for drinking, domestic, or 717 of SMCRA in all essential respects, The proposed definition was explicitly residential use. while avoiding unneeded expense. applicable to surface mining (See 58 FR The majority of commenters support 50178, September 24, 1993), and the OSM’s effort to reduce unnecessary, Section 784.10—Information Collection proposed rule invited all interested useless, and burdensome expenses for OSM is revising Section 784.10 which parties to submit comments on the water replacement. Other commenters contains the information collection provision. characterize the proposed provision as requirements for Part 784 and the Office 16728 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations of Management and Budget (OMB) pre-subsidence survey. Another does not authorize the replacement of clearance number. The revision updates commenter stated that a recent pre- water supplies for these uses. the data contained in the section by mining survey in Appalachia had Consequently, these commenters believe including the estimated reporting required a total of 300 man-hours; that a requirement that the PHC burden per respondent for complying however, the commenter did not determination include any assessment with the information collection provide data on the number of of the potential effect of mining on these requirements. structures involved. supplies is inappropriate. OSM has The collections of information Using the data supplied by decided to require replacement only of contained in Part 784 have been commenters, OSM has recalculated the those types of water supplies specified approved by Office of Management and estimated average burden hours for a in the Energy Policy Act, and has Budget under 44 U.S.C. 3501 et seq. and pre-subsidence survey at 163.20 hours decided to withdraw the provision assigned clearance number 1029–0039. per permit (12 structures×4 which was published as proposed The information will be used to meet hours×90%+300 structures×4 paragraph 784.14(e)(3)(iv), and which the requirements of 30 U.S.C. 1211(b), hours×10%=163.20 hours). This would have established a broader 1251, 1257, 1258, 1266, and 1309a. The includes the time for reviewing information requirement for water obligation to respond is required to instructions, searching existing data supplies than is required to implement obtain a benefit. sources, gathering and maintaining the the Energy Policy Act. Several commenters asserted that the data needed, and completing and Several commenters assert that the public reporting burden for the reviewing the collection of information. probable hydrologic consequences requirements proposed for Part 784 is OSM considers this to be a very regulations duplicate much of the far greater than that estimated by OSM. conservative estimate. OSM is required existing requirements for hydrologic They believe that OSM has under the Paperwork Reduction Act to impact assessments as currently miscalculated the differences between renew its information collection required in SMCRA. In addition, the existing regulations and the proposed clearance every three years. As part of commenters noted that State regulatory regulations, and underestimated the that process, OSM publishes a notice in agencies already have authority in burden on industry to complete the the Federal Register requesting paragraph 784.14(e)(3) that allows State hydrologic information, the pre- comments on the estimated burden agencies to require any information they subsidence survey and the subsidence hours. At the first renewal of the deem necessary to ensure enforcement control plan. clearance, OSM will be able to refine of the regulations and effective Based on the comments received, this estimate for pre-subsidence surveys, implementation of SMCRA. The OSM has recalculated the estimated based on factual information concerning commenters maintained that the burden hours required to comply with coal industry compliance with the new proposed rules would generate the new requirements. Specifically, requirement. The total information significant inconsistencies which will commenters claimed that the new collection burden for Part 784, the result in total confusion for both the requirements of section 784.14 would burden for the pre-subsidence survey State regulatory agency and the coal increase the hydrologic monitoring and all other requirements, is estimated mining community. burden placed on industry. at 513 hours. This is the time required The requirement at 784.14(e)(3)(iv) Accordingly, OSM has modified the for a respondent to comply with all of does not duplicate the existing authority burden estimate to include the new the reporting requirements in Part 784. in paragraph 784.14; rather, the requirements for section 784.14. requirement in paragraph (e)(3)(iv) adds Several commenters also disagreed Section 784.14(e)(3)(iv)—Hydrologic certain wells and springs to the existing with OSM’s burden estimates to Information list under 784.14(e)(3) of features to be complete the requirements of section This provision was proposed as covered in a determination of probable 784.20. The expanded requirements 784.14(e)(3)(v), and has been adopted hydrologic consequences. This include preparation of a pre-subsidence with some modification in the final rule. requirement implements the parallel survey which entails preparing a map, Under the final rule, the permit performance standards at 817.41. a narrative, and a survey, and a applicant will be required to identify Paragraph (e)(3)(iv) ensures that the subsidence control plan. whether the underground mining requirements of 784.14(e)(3) apply to Only three commenters submitted activities conducted after October 24, certain wells and springs within the comments which contained data on 1992, may result in contamination, proposed permit area or adjacent area. burden hours or the number of diminution or interruption of a well or The requirement would ensure that, structures involved in a pre-subsidence spring which is in existence at the time prior to mining, the permittee survey. One commenter, a coal the permit application is submitted and demonstrate whether the proposed company, provided a per structure which is used for domestic, drinking, or operation may result in contamination, burden hour, ranging from 3.33–4 hours residential use within the proposed diminution, or interruption of a well or per structure. The same commenter permit or adjacent areas. Authority for spring within a proposed permit area or stated that a recent permit revision the new requirement may be found in adjacent area which is used for submittal for a 5,000 acre permit in a SMCRA sections 201(b)(2), 507(b)(11), domestic, drinking or residential rural area contained 300 structures 508(a)(13), and 720(b). These sections purposes. which, if the new requirements were in authorize the imposition of A commenter alleged that the place, would have required a pre- requirements to submit information background data to determine the flow subsidence survey taking approximately needed to implement the performance of water, either from a well or a spring, 1,000+ hours to conduct. One standard in paragraph 817.41(j). should be normalized for historic commenter, a major trade association for Several commenters object to the parameters to account for extended the coal industry, stated that in the proposed requirement that an drought conditions. The commenter Appalachian region where over 90 assessment of probable hydrologic went on to note that replacing water at percent of all producing underground consequences be done for agricultural levels measured during dry conditions coal mines are located, between 6 to 12 and industrial water supplies in permit results in replacement at diminished structures per permit would require a or adjacent areas, noting that SMCRA levels. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16729 OSM understands that certain wells impacted a well or spring that serves a subsidence within the area and springs may pose problems for water supply, when drought, rather than encompassed by the applicable angle of sampling to determine water underground mining, is the primary draw. Second, the survey must identify replacement levels. However, OSM factor affecting a water supply. The the quantity and quality of all drinking, believes that the current regulations commenter noted that an existing domestic, and residential water supplies implementing those requirements, at operation would not have prepared a within the proposed permit area and 784.14(b) (1) and (2), are adequate to presubsidence survey to establish adjacent area that could be determine the level of a water supply baseline water conditions. OSM believes contaminated, diminished, or equivalent to the premining water such questions are evidentiary issues interrupted by subsidence. In addition, supply and to determine the presence of that must be addressed reasonably on the applicant would be required to heavy metals in the water. These the facts of the individual case, just as notify the owner in writing that denial regulations require the application to such issues are now addressed for of access would remove the rebuttable include information on ground water replacement of water supplies affected presumption that subsidence from the and surface water quality and quantity by surface mining. As noted elsewhere operation caused any postmining sufficient to demonstrate seasonal in this preamble, a permittee may also damage to protected structures that variation and water usage. In addition, voluntarily provide a presubsidence occurred within the surface area that the requirement to include an analysis survey. corresponds to the angle of draw for the of both suspended and dissolved operation. (See discussion of angle of Section 784.20(a)—Pre-subsidence constituents provides adequate draw in discussion of paragraph Survey information to determine the presence 817.121(c)(4), infra.) Any technical of heavy metals in the water supply. This section as proposed would add assessment or engineering evaluations Moreover, throughout the application a paragraph to § 784.20(a), entitled ‘‘Pre- used in determining the pre-mining process, the regulatory authority may subsidence Survey.’’ In response to condition or value of such structures or require additional information comments and requests for clarification in determining the premining quantity necessary to assure that the proposed concerning the scope of the rulemaking and quality of protected water supplies operation will protect the hydrologic and of this paragraph, the proposed would be conducted at the permit balance, or otherwise necessary to requirement is being adopted with applicant’s expense. Copies of the understand the potential impacts of the modifications in this final rule. The rule survey and any technical assessments or operation. language has been revised to provide engineering evaluations must be One commenter characterized the that each application include a map of provided by the applicant to the requirement for baseline information for the proposed permit area and adjacent property owner and regulatory the permit and adjacent areas as flawed area at a scale of 1:12,000 or a larger authority. because many States do not consider scale if determined necessary by the Commenters claim that OSM failed to lands overlying underground workings regulatory authority. The map would justify the need for a second map, in to be within either the permit area or the show the type and location within the addition to the map required by adjacent area. Therefore, many wells proposed permit area or adjacent area, paragraph 783.24(c). The map above or close to underground workings of structures and renewable resource requirements of paragraph 784.20(a)(1) would not be surveyed and there would lands that subsidence may materially could be met by the same map not exist any baseline against which to damage, or for which the reasonably submitted to comply with paragraph measure future damage and build an foreseeable use may diminished by 783.24(c), so long as it meets the enforceable case for replacement of subsidence. The maps would also be requirements of this paragraph. OSM water rights. required to show the type and location believes that an explicit requirement to OSM does not agree with this within the proposed permit area or establish and document the location and characterization. The term ‘‘adjacent adjacent area, of drinking, domestic, and pre-mining condition of protected area,’’ as defined in 30 CFR 701.5, residential water supplies that could be structures and lands, and the location specifically includes all areas outside contaminated, diminished, or and pre-mining quantity and quality of the permit area where resources, interrupted by subsidence. protected water supplies, is essential to including wells or springs, could A narrative is required that must establish a sufficient baseline against reasonably be expected to be adversely indicate whether subsidence, if it which the effects of subsidence may be impacted by the proposed mining occurred, could cause material damage measured and to ensure full operation, including probable impacts or diminish the reasonably foreseeable implementation of SMCRA sections 516 from underground workings. The 1979 use of the identified structures and and 720. version of this definition similarly renewable resource lands. The narrative The commenters argue that OSM included all lands containing is also required to indicate whether provided no justification for a standard, potentially affected protected resources subsidence, if it occurred, could nationwide map scale and suggest that outside the permit area. All State contaminate, diminish, or interrupt the the determination of the map’s scale be programs must contain provisions no identified drinking, domestic, or left to the individual states, based on less effective than the Federal residential water supplies. In addition mining conditions in each state. regulations. OSM is not aware of any to the conventional text format, videos Commenters claim that OSM gave no State that has a deficient definition of or photographs can be submitted as reason why the map scale should be ‘‘adjacent area’’ or its equivalent. Nor is supplements to the narrative. 1:4,800. A commenter pointed out that OSM aware of any State that is Unless the applicant was denied a map of the mine operation and the interpreting its program in the manner access for such purposes by the owner, affected area at a scale of 1:4,800, as alleged by the commenter. Therefore, the rule also requires a survey which proposed, could be on the order of OSM finds no basis for the commenter’s identifies certain features. First, the 7′×10′. OSM agrees that a map of this concern. survey must identify the condition of all size would be difficult to review and A commenter expressed concerns as non-commercial buildings or occupied store. OSM has revised the proposed to how an existing operation could residential dwellings and related rule to allow for a map on a scale of demonstrate that it has not adversely structures that may be diminished by 1:12,000, or 1′′=1000′. If the regulatory 16730 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations authority determines that more detail is continues to believe that additional to the issue of presubsidence surveys, so needed, for example to show where requirements are necessary to effectively the matter is within the Secretary’s protected structures or water supplies implement the requirements of the discretion. The court upheld a decision are located, the regulatory authority may Energy Policy Act and is limiting the by the Secretary not to adopt certain request a larger-scale map. The final final requirement to non-commercial requirements for a presubsidence map scale requirement will provide buildings, occupied residential survey. both the regulatory authority and dwellings and related structures, and Paragraph 784.20(b)—Subsidence permittee with greater flexibility in drinking, domestic, or residential water Control Plan meeting the requirement. supplies. As noted above, OSM has also Commenters state that the made conforming changes to the This final rule is modified from the requirement that maps must include a requirements in paragraph (a) for a proposal to correspond with the final narrative description of the hydrologic presubsidence map and narrative revisions to paragraphs 817.41(j) and information is redundant. Commenters covering protected features. The 817.121(a)(2). Otherwise, the allege that a narrative description would regulatory authority, the permittee, and requirements under paragraph 784.20(b) not provide any additional information the surface owner will be provided with in the final rule are the same as that is useful, since paragraph 784.20 a better record of the status of these proposed. Under the final rule, no already requires both a map and protected features prior to mining. That further information need be provided in narrative description. OSM agrees and record will better form the basis of the application under this section if the has modified the rule. The map and enforcement in the event of subsidence; results of the pre-subsidence survey narrative required under final sections but it will also better protect the meet the following criteria: 784.20(a)(1) and (2) are not intended to permittee against any claim of damage (1) no structures, facilities, or expand on the existing responsibility to for which the permittee is not renewable resource lands exist, or identify renewable resource lands and responsible. (2) no material damage or diminution identify whether they may be impacted Further, OSM believes that these in value or foreseeable use could occur, by subsidence. The changes in this proposed changes will impose no as a result of mine subsidence, and provision concerning map and narrative unreasonable burden on the industry. In (3) the regulatory authority agrees requirements for water supplies providing information on these features, with such conclusion. protected under section 817.41(j) are the survey should incorporate the A subsidence control plan is required intended to provide the information baseline water quality and quantity if the survey identifies structures, necessary to ensure full implementation information on existing water supplies facilities, or renewable resource lands of the requirements of SMCRA section required under existing rules at 30 CFR and shows that subsidence could cause 720, concerning protection of water 784.14 and 784.22. This information is material damage or diminution in value supplies. The changes reflect revisions also referenced in the final rule or reasonably foreseeable use, or if the made to paragraphs 784.20(b), 817.41(j), provision concerning water supply regulatory authority determines that and 817.121(c). OSM anticipates that replacement requirements for such damage or diminution could occur. the regulatory authority may allow the underground mining, section 817.41(j). Under the final rule, paragraph applicant to utilize (or reference) While the commenters may have 784.20(b), would require each relevant portions or all of the narrative pointed out a limitation on the long- subsidence control plan to contain the prepared for the survey, in the term usefulness of the information, following information: (1) a description subsidence control plan if the later based on OSM’s experience OSM of the method of coal removal, such as narrative would be redundant. believes that the proposed format for the longwall mining, room-and-pillar Several commenters assert that the survey information is the minimum removal or hydraulic mining, or other requirements in the proposed rule needed to adequately assess the need for extraction methods, including the size, governing pre-subsidence surveys a subsidence control plan. OSM notes sequence and timing for the would pose a costly burden on that the regulatory authority may ask for development of underground workings; permittees if the requirements are an update of this information as part of (2) a map of the proposed underground interpreted to require identification and the mid-term permit review process, workings that describes the location and cataloguing of the entire land surface which would mitigate any problems extent of the areas in which planned- and everything on it for the with outdated information. If a subsidence mining methods will be presubsidence survey. Commenters subsidence control plan is needed, used and that identifies all areas where allege this burden is especially likely, information in the presubsidence survey the measures described in paragraphs considering the broad definition of may be incorporated in the subsidence (b)(4), (b)(5), and (b)(7) of this section structures and facilities, and control plan. will be taken to prevent or minimize commenters strongly disagree with Some commenters have noted that the subsidence and subsidence-related OSM’s assertion in the proposed rule decision as to whether to impose a pre- damage; and when applicable, to correct preamble, that the additional survey subsidence survey has been held by the subsidence-related material damage; (3) would impose ‘‘little’’ additional burden courts to be a matter within the sound a description of the physical conditions, on the industry. They also argue that discretion of the Secretary, NWF v. such as depth of cover, seam thickness, such surveys have a diminishing Lujan, supra, 733 F.Supp. 419 at 429; and lithology of the overlaying strata, usefulness as mining plans proceed, and is essential to effectuate the which affect the likelihood or extent of since the permit applications in which protections intended to be afforded by subsidence and subsidence-related the survey is to be included are often amended Sections 720(a)(1) and (b) of damage; (4) a description of the done years in advance of any actual the Act. OSM agrees. monitoring, if any, needed to determine mining. Commenters also consider the Other commenters characterize this the commencement and degree of proposed requirement redundant case as rejecting a requirement that an subsidence so that, when appropriate, because of the existing survey additional survey be done before mining other measures can be taken to prevent, requirements. is commenced. OSM does not agree reduce, or correct material damage in OSM has considered these comments with this characterization. The cited accordance with paragraph 817.121 of and has modified the final rule. OSM case found that the Act does not speak this chapter; (5) except for those areas Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16731 where planned subsidence is projected However, some commenters argue control plan under the existing to be used, a detailed description of the that amending paragraph 784.20(b)(5) to regulatory framework imposed by the subsidence control measures that will require longwall mining to minimize Bureau of Land Management, which be taken to prevent or minimize material damage illegally reverses the requires maximum economic recovery. subsidence and subsidence-related current regulations of SMCRA, since the OSM believes that any requirement to damage, such as, but not limited to: Energy Policy Act does not require the extract minerals for maximum economic backstowing or backfilling of voids; change and OSM has not shown a recovery by definition must be applied leaving support pillars of coal; leaving compelling need for such a change. to mean maximum economic recovery areas in which no coal is removed, These commenters find no reason to consistent with applicable regulatory including a description of the overlying support OSM’s decision to reverse the requirements. area to be protected by leaving coal in regulatory provisions governing Under the final rule, OSM is retaining place; and taking measures on the longwall mining. They argue that there the language under existing paragraph surface to prevent or minimize material are sound policy and technical reasons 784.20(b)(5) that provides an exception damage or diminution in value of the for supporting the current regulatory to the requirement to submit a detailed surface; (6) a description of the scheme and that the proposed rule description of the measures to be taken anticipated effects of planned would incur additional costs on those on the surface to prevent or minimize subsidence, if any; (7) for those areas permittees who utilize the longwall material damage or diminution in value where planned subsidence is projected mining technique. OSM believes these of the surface for those areas where to be used, a description of methods to requirements are fully authorized under planned subsidence is projected to be be employed to minimize damage from SMCRA sections 201 and 516 and are used. planned subsidence to non-commercial consistent with and supportive of the However, OSM has added paragraph buildings and occupied residential requirements of SMCRA section 720. 784.20(b)(7) that requires permittees dwellings and related structures; or the OSM does not agree that this provision conducting longwall mining operations written consent of the owner of the is inconsistent with SMCRA or the that result in planned and controlled structure or facility that minimization Energy Policy Act. As discussed infra, subsidence to describe the subsidence measures not be taken; or, unless the in response to comments concerning the control measures they will use to anticipated damage would constitute a scope of the requirement, OSM has minimize subsidence and subsidence- threat to health or safety, a revised this provision somewhat, to related material damage to non- demonstration that the costs of require that, with certain limitations, commercial buildings and occupied minimizing damage exceed the minimization measures must be taken to residential dwellings and related anticipated costs of repair; (8) a protect the same structures for which, in structures, or to demonstrate that the costs of minimizing damage to these description of the measures to be taken section 720 of SMCRA, Congress has structures exceed the anticipated cost of in accordance with §§ 817.41(j) and imposed a requirement to repair or repair and are not needed to prevent a 817.121(c) of this chapter to replace compensate for damage. This will threat to health or safety. The proposed adversely affected protected water ensure that permittees take reasonable rule would have required a description supplies or to mitigate or remedy any steps to minimize subsidence damage to of such measures under paragraph subsidence-related material damage to protected structures before it occurs, 784.20(b)(5)(iv). The subsidence control the land and protected structures; and without incurring unreasonable costs. measures that a longwall permittee can (9) other information specified by the While OSM recognizes that there will be employ to minimize subsidence and regulatory authority as necessary to some additional costs associated with subsidence-related material damage demonstrate that the operation will be minimization measures, OSM believes it include measures taken on the surface, conducted in accordance with § 817.121 is sound public policy to limit damage such as trenching, bracing, and jacking of this chapter. to protected structures before it occurs, structures. OSM does not intend to In this preamble OSM will use where reasonable, and that such require anything other than surface ‘‘longwall mining’’ to refer to the requirements are fully consistent with measures to minimize material damage longwall mining and pillar recovery SMCRA, as amended. OSM also expects from longwall mining where technologies which provide for that the limitations on the obligation to conventional underground measures ‘‘planned subsidence in a predictable minimize, discussed infra, will ensure may not be practicable. The final rule and controlled manner,’’ as referenced that the expense of minimization will be requires that a permittee using longwall in SMCRA section 516(b)(1). The text of neither prohibitive nor mining technology take necessary the regulations as adopted continues to disproportionate. measures consistent with the mining use the terms ‘‘mining technology One commenter submitted that the method to minimize material damage to which provides for planned subsidence proposed regulations would impose an surface lands, structures, or facilities, in a predictable and controlled manner’’ absolute requirement for a subsidence with certain limitations. However, OSM or ‘‘planned-subsidence mining control plan because no one conducting recognizes that underground measures methods.’’ longwall operations on federal lands are not normally associated with Several commenters support the would ever be able to demonstrate that longwall mining, because they are not proposal to require permittees to submit there would be no ‘‘diminution in normally consistent with longwall subsidence control plans. These value.’’ OSM believes that the extent to technology. For example, changes in the commenters recommend that the which longwall operations must prepare design of an ongoing mining operation subsidence control plan require the pre-subsidence surveys can only be would not be required, because OSM permittee to document the full range of determined on a site-specific basis, has concluded, after considering all steps that can be taken to prevent and because of the number of variables that comments and available literature, that mitigate subsidence impacts, including may affect both the nature and extent of the expense of such underground mine design changes and precautionary subsidence as well as the damage to any measures to minimize material damage and preventive measures taken above protected structures. The commenter from longwall mining would be ground to minimize damage to surface noted that the permittee could not meet prohibitive, and therefore inconsistent features and structures. the requirement for the subsidence with congressional intent. 16732 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations In responding to the proposal to One commenter stated that the burden went beyond the requirements of the require longwall permittees to use required to establish a monitoring Energy Policy Act and preempts state surface measures to minimize material program under new paragraph 817.121 water law, thus removing the damage, commenters allege that surface (c)(4) to determine surface damage protections that SMCRA affords to state measures to minimize damage are based on a specified angle of draw could water laws. The commenters also neither technically nor economically require 1,000 hours to perform. pointed to the unique physical practicable. These commenters allege Consultations were held with OSM characteristics of western states that that in some cases use of such measures mine engineers who estimated the necessitate respect for the individual has not prevented damage; that surface burden at approximately 250 hours. state water laws. After consideration of measures are not always appropriate; Therefore, OSM estimates the public all comments on this issue, and after that many such measures remain reporting burden for the new review of all available documentation of experimental, unproven in information collection requirements for the need for the performance standards effectiveness, and uncertain as to § 817.121(c)(4) to vary from 250 to 1,000 set out in proposed paragraph 817.41(j), structural response; and that they are hours per response. OSM has concluded that the existing economically impractical. OSM finds The collections of information record does not clearly support the need these arguments unavailing, because contained in Part 817 have been for this provision. Therefore, OSM has they are all countered by the terms of approved by Office of Management and decided not to exercise its discretionary paragraph 817.121(a)(2). That provision Budget under 44 U.S.C. 3501 et seq. and authority under SMCRA, to require such requires ‘‘necessary and prudent’’ assigned clearance number 1029–0048. protection. OSM will not require measures, ‘‘consistent with the mining The information will be used to meet replacement of water supplies not method employed,’’ ‘‘to the extent the requirements of 30 U.S.C. 1211, mandated by the Energy Policy Act. technologically and economically 1251, 1266, and 1309(a) which provide, Therefore, OSM is not adopting feasible.’’ Thus, if a measure is among other things, that permittees proposed 817.41(j) that would have unnecessary or imprudent, inconsistent conducting underground coal mining required replacement of water supplies with longwall mining, or not operations shall meet the applicable used for agricultural and industrial uses. technologically or economically feasible performance standards of the Act. This In proposed 817.41(k), OSM proposed (or if it will not minimize material information will be used by the to require a permittee to promptly damage to protected features), it will not regulatory authority in monitoring and replace a drinking, domestic or be required. inspecting underground mining residential water supply that is One commenter alleged that the term activities. The obligation to respond is contaminated, diminished or required to obtain a benefit. interrupted by underground mining ‘‘subsidence control’’ does not include activities conducted after October 24, measures taken on the surface as Section 817.41(j)—Hydrologic Balance 1992, if the affected well or spring was suggested in the proposed rule to Protection in existence prior to the date the protect surface features from damage. The proposed rule included two regulatory authority received the permit The commenter noted that the use of the provisions concerning performance application for the underground mining term subsidence control in SMCRA and standards for underground mining activities. Baseline hydrologic the mining industry refers to the mine activities, for water supply replacement: information required in sections 784.14 design including the sizing of openings paragraphs 817.41(j), concerning and 784.22 would be used to determine and pillars which affect ground replacement of water supply used for the impact of underground mining pressures within the underground agricultural, industrial, or other activities on the well or spring. mining environment; and in connection legitimate use; and 817.41(k), The final rule provision concerning with other factors, affect the amount and concerning replacement of water replacement of drinking, domestic or type of ground movement that could supplies used for drinking, domestic, or residential water supply is renumbered result in surface deformation. To the residential use. and appears at paragraph 817.41(j). extent this may have been true in the Proposed paragraph 817.41(j) Under the final rule, the permittee is past, OSM regards this as irrelevant to provided that a person who conducts required to promptly replace any the merits of this rulemaking, which underground mining activities shall drinking, domestic or residential water establishes separate subsidence control replace the water supply of an owner of supply that is contaminated, diminished requirements for those operations using an interest in real property who obtains or interrupted by underground mining planned subsidence and for those using water for agricultural, industrial, or activities conducted after October 24, conventional mining operations. other legitimate use from an 1992, if the affected well or spring was OSM is revising paragraph underground or surface source, where in existence prior to the date the 784.20(b)(5) as an adjunct to the the water supply has been adversely regulatory authority received the permit revisions to paragraph 817.121(a). The impacted by contamination, diminution, application for the activities causing the substance of these revisions is discussed or interruption proximately resulting loss, contamination or interruption. The infra under the heading for section from the underground mining activities. baseline hydrologic information 817.121(a). Several commenters objected to this required in § 784.14 of this chapter and OSM is also revising section requirement. the geologic information concerning 784.20(b)(8) as an adjunct to the Commenters claim that OSM provides baseline hydrologic conditions required revisions to section 784.20(a) and to no justification for changing its in § 784.22 of this chapter shall be used reflect the requirements of section longstanding policy of not requiring to determine the impact of underground 817.41(j). water replacement for such users. The mining activities upon the well or commenters maintain that the change in spring. This information is not intended Section 817.10—Information Collection policy would contradict section 717(a) to be the exclusive basis for determining OSM is revising Section 817.10 which of SMCRA, which requires OSM to such impacts, and other relevant contains the information collection respect state water and property rights information could also be considered. requirements for Part 817 and the OMB law. The commenters went on to state Permittees both in primacy States and in clearance number. that this provision of the proposed rule Federal program States, as well as on Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16733 Indian lands, are required to comply Act, clearly noted that these provisions dwellings and related structures. with these provisions for operations were not to ‘‘prohibit, or interrupt However, unless the anticipated damage conducted after October 24, 1992. underground coal mining operations.’’ would constitute a threat to health or The majority of commenters agreed Without the compensation option, the safety, the permittee would not have to that the provision to require the commenter asserted that operations take minimization measures if the permittee to promptly replace any would be forced to cease operating if permittee demonstrates that the cost of drinking, domestic, or residential water they couldn’t replace the water minimization would exceed the cost of supplies that have been adversely supplies. OSM does not agree. The repair, and would not constitute a threat affected by underground activities is terms of the Energy Policy Act to health and safety. The permittee is necessary to implement the provision of unequivocally require replacement. obliged to take minimization measures new SMCRA section 720(a)(2). Further, OSM does not anticipate that that are technologically and While commenters support the underground mining operations will be economically feasible. Upon written adoption of the proposed rule, they unable to comply with this statutory consent of the owners of such structures maintain that it is not necessary to mandate. For example, if the permittee or facilities, no minimization measures monitor each water well in order to is unable to restore a spring or aquifer, would be required. establish that subsidence has impacted the permittee should still be able to Section 2504(a)(2)(D) of the Energy a water supply well. OSM agrees that in provide water from an alternative Policy Act provides that any rulemaking many instances it may not be necessary source, such as a public water supply, regarding protection of natural gas or to monitor each well. The location and or by pipeline from another location. petroleum pipelines from subsidence frequency of well monitoring will be damage is to be done after the study addressed on a case-by-case basis Section 817.121(a)—Subsidence Control which OSM is mandated to perform pursuant to existing paragraphs OSM is adopting paragraph pursuant to paragraph 2504(a)(2)(A) of 784.14(h)(1) and 817.41(c). 817.121(a)(1) as proposed. The the Energy Policy Act. Some A commenter asked for clarification requirement provides that the permittee commenters express concern that that this provision would not in any must either adopt measures consistent proposed paragraph 817.121(a)(2) way affect property rights under existing with known technology which prevent prejudged this issue, while others state water laws consistent with subsidence causing material damage to support the rule because they believe it paragraph 717(a). Another commenter the extent technologically and does impose additional subsidence further recommended that OSM amend economically feasible, maximize mine damage protection for pipelines. Since the provision to require that water rights stability, and maintain the value and OSM has not yet completed the study regarding the affected well or spring be reasonably foreseeable use of surface mandated by the Energy Policy Act, approved by the State Engineer or lands; or adopt mining technology OSM does not intend this rulemaking to otherwise be recognized under State which provides for planned subsidence affect, interpret, or clarify the status quo law. OSM points out that nothing in this in a predictable and controlled manner. regarding subsidence control requirement is intended to create an This language is not intended to be a requirements for natural gas or exception to section 717(a) of SMCRA. change from the rules promulgated in petroleum transmission pipelines, Section 717(a) requires deference to 1983, (See 48 FR 24652, June 1, 1983), branch and gathering lines, or State water law on questions of water and relies on the basis and purpose distribution mains. For these and other allocation and use. OSM interprets stated in 1983. This rulemaking makes reasons discussed below, OSM has section 720 and the implementing rules minor editing changes intended to more decided to limit 817.121(a)(2) to those as not requiring the replacement of clearly reflect the meaning of the structures protected under the Energy water supplies to the extent existing rule. Thus, under this Policy Act, namely noncommercial underground mining activities consume provision, as an alternative to adopting buildings and occupied residential or legitimately use the water supply measures consistent with known dwellings and related structures. under a senior water right determined technology which prevents subsidence Commenters claim that the proposed under applicable State law. See In re causing material damage to the extent provision that required permittees to Permanent Surface Mining Regulation technologically and economically minimize damage from planned Litigation II, Round III, 620 F. Supp. feasible, an permittee may adopt mining subsidence operations was vague and 1519, 1525 (D.C.D.C. 1985). However, technology which provides for planned unworkable since little guidance was OSM believes that section 717(a) subsidence in a predictable and provided as to what minimizing damage concerns rights under State water law to controlled manner. would entail. Commenters argue that consumption or use of water, and was OSM is adopting paragraph OSM’s contention that the new rule not intended to address destruction or 817.121(a)(2) with modification from would clarify an unresolved issue over damage of the source of water, or the proposed rule. Under the proposed the meaning of paragraph 817.121(a) contamination of the water supply. rule, if a permittee employed mining was misguided, since the proposed rule Thus, OSM anticipates that technology which provides for planned did little to clarify the issue and would underground mining activities which subsidence in a predictable and likely result in even more litigation. cause destruction or damage of a water controlled manner, the permittee would Commenters also allege that, rather than supply source, or contamination of a have been required to take necessary clarify the obligation of planned water supply, would be subject to the and prudent measures, consistent with subsidence operations concerning replacement requirements of section 720 the mining method employed, to subsidence damage, the proposed rule even if the permittee possessed senior minimize material damage to surface would effectively remove the exception water rights. lands, structures or facilities to the granted in SMCRA for planned A commenter recommended that extent technologically and economically subsidence. These commenters compensation be available as an option feasible. Under the final rule, the questioned the effect of OSM’s proposed for those limited circumstances where responsibility to minimize damage is provision on the planned subsidence an impacted supply can’t be restored. limited to structures listed in the Energy exception at section 516(b)(1) of SMCRA The commenter went on to note that Policy Act, namely noncommercial if an operator using planned subsidence Congress, in enacting the Energy Policy buildings and occupied residential must adopt and deploy the same 16734 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations subsidence control measures as an minimization would cost more than costs, is mandatory. However, neither operation not using planned subsidence. repair, OSM believes it has mitigated the regulatory authority nor the OSM has considered these comments any potential for unreasonably permittee is required to obtain the as well as the existing regulatory expensive minimization measures. OSM landowner’s concurrence in order to scheme of SMCRA and has concluded recognizes that some material damage to satisfy that test. Instead, the that, given the lack of clarity of section protected structures from planned minimization measures would be 516 on this issue, the most reasonable subsidence is possible and in some explained in the subsidence control regulatory scheme and the regulatory cases will not be prevented under this plan, which the landowner has a right scheme most consistent with SMCRA as rule. However, under paragraph to review and object to, and which amended by the Energy Policy Act, is to 817.121(c), such damage has to be requires the approval of the regulatory provide longwall subsidence damage repaired. The requirement is not authority. The consent provision allows minimization requirements that track intended to discourage the use of the permittee to negotiate an the protections offered by the Energy planned and controlled subsidence or to arrangement with an owner of a Policy Act concerning subsidence from require underground activities not structure or facility to waive the other forms of underground mining. normally associated with such protection otherwise afforded by Although the Energy Policy Act does operations. OSM does intend, however, paragraph 817.121(a)(2). Such a written not specifically address a minimization that this rule will require reasonable waiver would have to waive expressly standard for longwall mining, it measures to be taken on the surface to the regulatory protection provided by demonstrates Congress’ intent to protect occupied residential dwellings the proposed rule and therefore could specifically require subsidence damage and related structures and non- not be a document which predates repair or compensation only for the commercial buildings from material adoption of the final rule. OSM notes structures listed in section 720. damage. OSM believes that the that such a waiver would not be Therefore, the final rule limits the subsidence control policy outlined in effective to waive any requirement requirement to take measures to the Consolidation Coal Company video, pursuant to paragraph 817.121(c) to minimize material damage resulting presented to OSM during an on-site tour repair damage from subsidence. In from longwall subsidence to those of coal fields, and available in the addition to the waiver provision, the structures protected in the Energy administrative record for this final rule includes a provision that a Policy Act. This is not a prevention rulemaking, illustrates the kinds of permittee will not be required to take standard, so a planned subsidence measures that would adequately meet measures to minimize subsidence operation will not be required to meet the needs of the homeowner and the damage upon a demonstration that the the same subsidence control standard permittee in deciding when and what costs of such measures would exceed that applies to an operation not using types of measures should be taken on the repair costs for the damage. In both planned subsidence. The addition of a the surface to minimize damage. cases, the permittee could allow the limited requirement that longwall mine Further, this videotape demonstrates the damage to occur, and repair it pursuant operators ‘‘minimize’’ damage in certain reasonableness of using such to paragraph 817.121(c). circumstances is not inconsistent with minimization techniques. One commenter alleges that damage the SMCRA provision at section The commenters also question the minimization measures for longwall 516(b)(1) which exempts longwall provision that the proposed mining cannot be limited to surface mining from the requirement to prevent performance standards are mandatory measures, because the SMCRA material damage. Authority for the unless the landowner consents. legislative history indicates that minimization standard derives from Commenters state that requiring Congress contemplated underground both section 516(b)(1) and section 720 of measures to be taken to protect preventive measures such as SMCRA. OSM recognizes that Congress structures and facilities unless the backstowing, provided such measures expressly stated in the Energy Policy owner consents, raises a number of are technologically and economically Act that nothing in the statute regarding issues with regard to exactly when and feasible. The commenter cites H.R. Rep. surface owner protections shall be for what purposes a permittee is No. 218, 95th Congress, First Session construed to prohibit or interrupt required to obtain the owner’s consent. (1977) at 125–126. OSM does not agree underground coal mining operations. For example, if the permittee finds that with this characterization of the cited OSM believes that the final rule which certain measures are not prudent or House Report. OSM believes the cited contains a limited requirement for economically or technologically House Report materials discuss damage longwall operations to minimize feasible, must the permittee still obtain prevention and minimization measures subsidence damage in certain the owner’s written consent? Also, if an appropriate for conventional room-and- circumstances is consistent with owner were to steadfastly refuse to pillar mining; there is no specific Congress’ guidance contained in the consent to an otherwise flawless reference to longwall mining. For Energy Policy Act. planned subsidence operation, example, the referenced portion of the OSM believes that, by requiring only commenters opined that the report states that: surface measures to minimize requirement to obtain the owner’s One characteristic of subsidence subsidence damage to non-commercial consent could be considered an which disrupts surface land uses is its buildings and occupied residential uncompensated taking of the permittee’s unpredictable occurrence in terms of dwellings and related structures, and property right. both time and location. Subsidence only when it is technologically and The obligation to take necessary and occurs, seemingly on a random basis, at economically feasible, the final rule prudent measures on the surface least up to 60 years after mining and establishes reasonable subsidence consistent with the mining method even in those areas it is still occurring. control measures that are also consistent employed, to minimize material damage H. Rep. No. 218, 95th Cong., 1st Sess. with Congress’ intent to support and to occupied residential dwellings and 126 (1977). Such problems are not encourage the use of planned and related structures and non-commercial characteristic of longwall mining. controlled subsidence. Further, by also buildings to the extent technologically Therefore, it is unlikely Congress had providing that the requirement does not and economically feasible, except when longwall mining in mind when it apply if the permittee demonstrates that minimization costs would exceed repair discussed appropriate prevention Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16735 measures in this passage. OSM Federal program States, as well as on other hand, surface owners can know concludes the report does not show Indian lands, are required to comply the extent to which land they plan to congressional intent to require use in with this provision for operations build on has been undermined by longwall mining of the measures conducted after October 24, 1992. previous mining operations. Therefore, discussed in this passage. Possible interim direct enforcement of OSM believes that it is reasonable to this provision by OSM in some primacy conclude that the requirement should Section 817.121(c)—Subsidence Control States prior to amendment of State not apply to structures which did not 817.121(c)(1) programs is addressed below in exist at the time of mining. OSM is In the proposed rule, paragraph revisions to Part 843. adopting this interpretation in the final A group of commenters recommended rule, and has revised paragraph 817.121(c)(1) would be modified to that the rule recognize that pre- 817.121(c)(2) accordingly. substitute ‘‘subsidence related material subsidence agreements and post- Commenters also allege that the damage’’ for ‘‘any material damage subsidence agreements between the obligation to repair subsidence-related resulting from subsidence; ‘‘permittee’’ property owner and the permittee damage does not apply to buildings for ‘‘operator;’’ and ‘‘its pre-subsidence would satisfy the requirements under acquired after the mining occurred. value and supporting reasonably paragraph 817.121(c)(2), and that OSM does not agree. SMCRA section foreseeable uses it was capable of nothing in this paragraph should be 720 provides that underground coal supporting * * *’’ for ‘‘the value and construed to prohibit or interrupt mining operations conducted after the reasonably foreseeable uses which it underground coal mining operations. date of enactment of the Energy Policy was capable of supporting * * *.’’ The The use of pre- and post-subsidence Act shall promptly repair or compensate changes were editing changes not agreements would be an acceptable for material damage resulting from intended to have a substantive effect on means of fulfilling the requirement so subsidence caused to any occupied the rule. However, commenters express long as the terms met the requirement residential dwelling and structures concern over the changes in the under paragraph 817.121(c)(2) that the related thereto, or non-commercial language of paragraph (c)(1) because the permittee repair or compensate any building. Section 720 does not preamble did not contain an subsidence-related material damage to distinguish among such structures based explanation for the proposed changes. any non-commercial building or on whether they were acquired before or In the final rule, OSM is not amending occupied residential dwelling or related after the date of mining. Rather, all such the text of this provision but is adding structure. Any permittee/owner structures are subject to the requirement a heading for the paragraph to assist in agreements cannot negate the to promptly repair or compensate. OSM reading and application of the requirement of the Energy Policy Act to believes the language of the statute is provision. repair or compensate for subsidence- clear, and the interpretation urged by 817.121(c)(2) related material damage to occupied commenters is inconsistent with the residential dwellings and related terms of the statute. Paragraph 817.121(c)(2) is being structures as well as non-commercial A commenter notes that the proposed adopted as proposed. The final rule buildings. OSM anticipates that repair rules lack provisions establishing requires that a permittee either pursuant to paragraph 817.121(c)(2) will requirements for notification of the promptly repair material damage caused restore the protected structure or facility permittee or regulatory authority, or for by subsidence to any non-commercial to its premining capacity, features, estimate, repair, replacement, or building or occupied residential value, and utility. OSM reiterates that compensation time frames. OSM dwelling or related structure, or the requirements in this paragraph are believes that existing citizen complaint compensate for material damage caused not intended to prohibit or interrupt procedures are adequate and by subsidence to those structures. If the underground coal mining operations. appropriate to address surface owner repair option is selected, the permittee Commenters allege that the permittee complaints of subsidence damage under must fully rehabilitate, restore or is not under obligation to repair these rules. replace the damaged structure. If the subsidence-related damage to any OSM believes preparation or approval compensation option is selected, the building constructed after mining has of estimates is properly addressed under permittee must compensate the owner occurred. OSM agrees with this existing procedures, by case-by-case of the damaged structure in the full comment. If the protected structure was negotiations with the surface owner, amount of the diminution of value damaged from subsidence from and regulatory authority review of resulting from the subsidence-related underground mining, and that mining reclamation measures. Similarly, OSM damage. Compensation may be occurred after the date set forth in the believes timely repair or compensation accomplished by the purchase, prior to Energy Policy Act, then the Energy of protected structures is adequately mining, of a non-cancelable premium- Policy Act requires that the permittee addressed by the use of the statutory prepaid insurance policy. The repair or compensate for the material term ‘‘prompt,’’ which is commonly requirements of this paragraph apply to damage. However, Congress does not understood to mean ‘‘expeditious’’ or all subsidence-related damage caused by discuss whether there should be any ‘‘immediate.’’ OSM notes that several underground mining activities different treatment for structures that commenters give examples of situations conducted after October 24, 1992. did not exist when the mining took which may involve substantial variation Paragraph 817.121(c)(2) implements place. For such structures, there would in the time required before the full new SMCRA section 720 (a)(1), which be no opportunity for the permittee to extent of subsidence damage can be requires that all underground coal mitigate or prevent subsidence damage, confirmed, or before repairs properly mining operations promptly repair or and thus avoid the requirement to repair may be commenced. OSM concludes compensate for material damage to non- or compensate. Nor would it be possible that what is reasonably prompt for commercial buildings and occupied for a permittee to anticipate what repair or compensation is properly residential dwellings or related structures might be built above the mine determined on a case-by-case basis. structures as a result of subsidence due after mining occurs and thus plan for Commenters request changes in the to underground coal mining operations. anticipated costs to determine if mining existing rules providing for notice to Permittees in both primacy States and would be economically feasible. On the property owners in advance of 16736 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations underground mining, because the rules proposed rule, and discuss various protection of natural gas and petroleum require notice at least six months before respects in which the existing rule and pipelines. Some commenters assert that mining, and this does not allow the state laws fail to adequately protect the proposed rule directly contradicts surface owner to determine when structures and facilities from subsidence the congressional requirement that the mining actually takes place under his damage. One commenter recommended Secretary complete a study on the property. OSM did not propose to that OSM draft a regulation stipulating pipeline issue before any rules on the amend existing rules concerning that any and all subsidence damage is issue are promulgated. Commenters also advance notice of underground mining subject to the regulations to repair and comment extensively on the impact the to surface owners, and the record does compensate even if the permittee has rule would have on the property rights not justify a new rulemaking on this previously repaired or settled with the of both coal and pipeline companies. issue at this time. affected property owner. Some commenters argued that even A commenter requests that OSM The majority of commenters noted more extensive protection of pipelines clarify that the permittee is not required that in the Energy Policy Act Congress is appropriate or necessary. OSM has to restore or compensate for expressly limited relief for damage reviewed these comments, but reiterates deterioration to a structure beyond what arising from subsidence to ‘‘occupied that, with the very limited exception was caused by subsidence from residential dwellings and structures noted above for connector lines attached underground mining. OSM believes the related thereto, or non-commercial language of proposed paragraph buildings’’ and water supplies. The to specific occupied residential 817.121(c)(2) is clear to this effect and commenters argued that for more than a dwellings or non-commercial buildings, that no rule changes are required to decade OSM has required permittees to Congress intended no change in the achieve this result. correct material damage ‘‘to the extent subsidence control regulations regarding One commenter asked that OSM make required by state law’’ and they state natural gas and petroleum pipelines, clear that any and all subsidence that no compelling need has been and that no rulemaking on this issue is damage is subject to the requirement to demonstrated that would require OSM contemplated pending completion of repair and compensate indefinitely into to change its policy and preempt state the study on this subject pursuant to the future, even if the permittee has law and property rights. Therefore, section 2504 of the Energy Policy Act. previously repaired or settled with the commenters claim that the proposed OSM is not addressing this issue in this affected property owner or pipeline rule has no basis under the Energy rulemaking. If, after completion of the operator; and that OSM clarify that the Policy Act and that OSM’s cursory subsidence pipeline study, OSM obligation to repair is not dependent on explanation of the reasons behind the determines that further rulemaking may active mining or an active permit or new rule demands that the proposed be appropriate on this subject, OSM will upon termination of jurisdiction by rule not be adopted. invite interested persons to review and OSM. OSM agrees that once damage Commenters also claim that the comment on any further rulemaking. occurs, an underground mining existing state law remedies are adequate OSM has considered all comments operation has a statutory obligation to and that court decisions support their and has decided not to adopt the repair, which may not be negated by a proposition that SMCRA does not proposed changes to paragraph prior agreement. specifically ‘‘require the Secretary to 817.121(c)(3). Instead OSM will retain impose a duty to restore structures 817.121(c)(3) the State law limitation set out in the damaged by subsidence.’’ National The purpose of proposed paragraph existing regulations. The basis and Wildlife Fed’n v. Lujan, 928 F.2d 453, purpose for the State law limitation was 817.121(c)(3) was to ensure repair or 458 (D.C. Cir. 1991). These commenters upheld by the D. C. Circuit Court of correction of material damage caused by argue that, without ample evidence that Appeals. National Wildlife Fed’n v. subsidence to those structures and state law remedies for such damage are Lujan, 928 F.2d 453, 458 (D.C. Cir. facilities not covered by new SMCRA inadequate, there is no compelling 1991). OSM believes that circumstances section 720 (a)(1) and paragraph (c)(2) of reason for OSM to disregard the clear proposed section 817.121. The proposed congressional intent behind SMCRA have not changed significantly since amendments to paragraph (c)(3) would that ‘‘state laws govern the resolution of OSM’s adoption of the State law have required repair or correction any disputes about property right which limitation; and OSM concludes that the irrespective of limitations otherwise might arise from such separations, and record developed in this rulemaking is applicable under State law. The this Act does not attempt to tamper with insufficient to justify eliminating the proposed rule would have required a such state laws.’’ S. Rep. No. 95, 95th State law limitation except as provided permittee to either correct subsidence- Cong. 1st Sess. at 56 (1977). in the Energy Policy Act. Under the related material damage to any Commenters also point out that final rule, the permittee is required, to structures or facilities not protected by currently the states conducting 99 the extent required under applicable paragraph (c)(2) by repairing the percent of the nation’s coal mining provisions of State law, to either correct damage, or compensate the owner of provide statutory regulatory relief for material damage resulting from such structures or facilities in the full damage caused by subsidence. Some subsidence caused to any structures or amount of the diminution in value commenters allege that the proposed facilities not protected by paragraph resulting from the subsidence. Repair of rule would significantly affect private (c)(2) of this paragraph by repairing the damage would have included property rights and raise numerous damage, or compensate the owner of rehabilitation, restoration or issues regarding the Fifth Amendment’s such structures or facilities in the full replacement of damaged structures or takings clause. Those commenters state amount of the diminution in value facilities. Compensation by the that there is simply no compelling resulting from the subsidence. Repair of permittee could have been evidence for OSM to preempt state damage shall include rehabilitation, accomplished by the purchase, prior to property law and that the proposed rule restoration or replacement of damaged mining, of a non-cancelable premium- violates the express terms of the Energy structures or facilities. Compensation prepaid insurance policy. Policy Act. may be accomplished by the purchase, A number of commenters support the Numerous commenters interpret this prior to mining, of a non-cancelable proposed rule and the need for the provision as providing for subsidence premium-prepaid insurance policy. Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16737 817.121(c)(4) different standard than would otherwise considered in any determination as to OSM proposed paragraph apply under SMCRA section 503(a) and whether subsidence damage to 817.121(c)(4), which would have 30 C.F.R. section 732.15(a) to OSM protected structures subject to established a rebuttable presumption of review of a State regulatory program paragraph 817.121(c)(2) was caused by a causal link between the operation of amendment. However, OSM believes subsidence from underground mining. an underground mine and subsidence that this is the appropriate standard to The purpose of paragraph damage occurring within a specified apply to approval of a different State- 817.121(c)(4) is to set out a procedure zone over the area of coal extraction. wide angle of draw, because it will under which a specified area would be Specifically, the proposed rule provided allow a State to adopt either a greater or subject to a rebuttable presumption that that, if damage to lands, structures or lesser angle of draw, so long as the State subsidence from underground mining caused surface damage to non- facilities occurs as a result of earth angle of draw is better supported by commercial buildings or occupied movement within an area determined by geotechnical analysis than is the 30 residential dwellings and related projecting a 35 degree angle of draw degree angle of draw. OSM believes this structures. This evidentiary standard from the outermost boundary of any standard for review will best assure that would simplify establishing causation of underground mine workings to the the area within which the presumption subsidence damage in many cases, by surface of the land, a rebuttable will apply can reasonably be expected relieving the regulatory authority of the presumption would exist that the to include almost all damage caused by subsidence, without unreasonably initial burden of providing evidence permittee caused the damage. The expanding the permit applicant’s that damage was caused by the mine regulatory authority could also have burden of surveying to areas where operation. The presumption would be approved a different angle of draw on a damage would likely not be attributable established only after it is determined case-by-case basis if the permittee to subsidence. that damage caused by earth movement demonstrated that the proposed angle of Under final paragraph did in fact occur within the specified draw is based on a site-specific 817.121(c)(4)(ii), a person may request angle of draw. The burden of rebutting geotechnical analysis of the potential and the regulatory authority may the presumption will be appropriately surface impacts of the mining operation. approve application of the presumption on the mine operator, who will have the If the permittee was denied access to the to a different site-specific angle of draw best information as to the nature, land or property for the purpose of based on a site-specific analysis timing, and sequence of mining conducting the pre-subsidence survey in submitted by the permit applicant. To activities, geological conditions, etc.; accordance with § 784.20(a) of this establish a site-specific angle of draw, a i.e., the types of facts directly related to chapter, no rebuttable presumption permit applicant must demonstrate and causation of the damage. Permittees may would have existed. These requirements the regulatory authority must determine provide information to rebut the would have applied only to subsidence- in writing that the proposed angle of presumption either before an related damage caused by underground draw has a more reasonable basis than enforcement action is taken, when the mining activities conducted after the applicable standard, based on a site- regulatory authority or OSM is October 24, 1992. specific geotechnical analysis of the determining whether a violation exists After reviewing the comments and potential surface impacts of the mining because of a failure to repair or based on OSM technical analysis, OSM operation. Like the standard for compensate for damage; or after has modified the final rule from that approval of a different State-wide angle enforcement action occurs. which was proposed. In the final rule, of draw, this standard for approval of a OSM believes that the establishment paragraph 817.121(c)(4) has been site-specific angle of draw is intended to of a specific angle for the presumption divided into five subparagraphs for assure that the area within which the is important and has a number of effects clarification and readability. Final presumption will apply can reasonably or ramifications. In any enforcement paragraph 817.121(c)(4)(i), provides that be expected to include almost all proceedings concerning allegations of if damage to non-commercial buildings damage caused by subsidence, without subsidence damage to protected or occupied residential dwellings and unreasonably requiring the permit structures, it will affect the initial related structures occurs as a result of applicant to survey the area where burdens of going forward with the earth movement within the area damage would likely not be attributable evidence for both the regulatory determined by projecting a specified to subsidence. authority and the permittee. It will also angle of draw from underground mine Under final paragraph affect operator permitting costs to some workings to the surface, a rebuttable 817.121(c)(4)(iii), if the permittee was extent, because under the amendments presumption exists that the permittee denied access to the property to conduct to paragraph 784.20(a)(3) in this caused the damage. Thus, the final rule the presubsidence survey in accordance rulemaking, once the angle for the is limited to structures protected under with § 784.20(a), no rebuttable presumption is established, permit section 720(a) of SMCRA. Also, instead presumption exists. applicants will be required to comply of 35 degrees, as proposed, the final rule Final paragraph 817.121(c)(4)(iv) sets with all presubsidence survey provides that the presumption applies forth examples of evidence which requirements covering at least the area to a 30 degree angle of draw. However, would rebut the presumption, including within the angle to which the a State regulatory authority may amend evidence that establishes that the presumption applies. OSM has its regulatory program to apply the damage predated the mining; that the concluded that application of the presumption to a different angle of draw damage was proximately caused by presumption to the area within a upon demonstrating in writing that the some other factor and not by specified angle provides needed angle is more reasonable than the 30 subsidence; and that the damage protection of surface interests, while degree angle of draw, based on occurred outside the surface area where providing a clear limitation on the geotechnical analysis of the factors subsidence was caused by the permit expenses that could be incurred affecting potential surface impacts of underground mining. in the absence of defined limits to a underground coal mining operations in Paragraph 817.121(c)(4)(v) requires presumption. As a result, OSM believes the State. OSM recognizes that the that all relevant and reasonably applying the presumption to a specified ‘‘more reasonable’’ standard is a available information must be angle will balance the various purposes 16738 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations of SMCRA, including both Methods for Mine Subsidence in edge of the underground mine workings environmental protection and the the US,’’ Proceedings 1st Annual and the point of zero vertical SMCRA section 102(k) purpose of Conference on Ground Control in displacement at the edge of a encouraging the full utilization of coal Longwall Mining and Mining subsidence trough. Thus, the angle of resources through the application of Subsidence, SME–AIME, New York, draw is one way to define the outer underground extraction technologies. pp. 183–187. boundary of subsidence displacement Since a presumption is important in Wade, L.V., and Conroy, P.J., 1977, that may occur at the surface. This angle all cases, OSM has decided to adopt a ‘‘Rock Mechanic Study of a encompasses the area within which nationwide angle of draw for that Longwall Panel,’’ Preprint No. 77– both dynamic and static strains, as well presumption. Among issues noted by I–391, SME Fall Meeting, St. Louis, as phenomena such as curvature and various commenters was concern over MO. tilt, would occur from subsidence. As using the ‘‘angle of draw’’ and the Conroy, P.J., 1979, Rock Mechanics the subsidence trough is developing, appropriateness of the angle proposed. Studies, Longwall Demonstration at soils and rocks within the trough Depending on factors such as the Old Ben #24, Benton, IL, Phase I undergo dynamic strains. Dynamic location and size of the mine, the and II Report, Submitted to US strains change as to intensity and percent of extraction, and the local Bureau of Mines, 57 pp. location, as subsidence progresses. After geology, the angle of draw or the area Bauer, R.A., and Hunt, S.R., 1981, subsidence is completed, the soils and where damage may occur can vary ‘‘Profile, Strain, and Time rocks could be in a condition of static considerably both regionally and Characteristics of Subsidence from strain. Different types and degrees of locally. Yet, there is a need for a Coalmining in Illinois,’’ static strains occur in different locations nationwide presumption standard so Proceedings, Workshop on Surface of the subsidence trough. long as it can be modified on a state- Subsidence Due to Underground OSM has considered defining the area wide or site-specific basis. Mining, S.S.Peng and M.Harthill, in which a presumption would apply Many studies have been conducted to eds., West Virginia University, using another type of angle, such as the measure the extent of surface Morgantown, WV, pp. 207–217. ‘‘angle of critical deformation’’ (also displacement and damage resulting Hood, M., Ewy, R.T., and Riddle, L.R., known as the ‘‘angle of break’’ or ‘‘angle from subsidence. OSM has considered 1981, ‘‘Empirical Methods of of fracture’’). This term refers to the such studies including: Subsidence Predicting—A Case inclination from the vertical of the line Montz, H.W., and Norris, R.U., 1930, Study,’’ Proceedings Workshop on connecting the edge of the mined area ‘‘Subsidence from Anthracite Surface Subsidence Due to with the surface point exhibiting the Mining, with an Introduction on Underground Mining, S.S.Peng, ed., maximum tensile strain (or stretching). Surface Report,’’ Transactions West Virginia University, The angle of critical deformation occurs AIME, Vol. 88, pp. 98–134. Morgantown, WV, pp. 100–123. in the area between the boundary of the Newhall, F.N., and Plein, L.N., 1936, Gentry, D.W., Able, J.F., 1978, ‘‘Rock subsidence trough and the projected ‘‘Subsidence at the Merrittstown Mass Response to Mining Longwall vertical from the edge of underground Air Shaft Near Brownsville, Panel 4N York Canyon Mine,’’ workings. The angle of critical Pennsylvania,’’ Transactions AIME, Presentation at AIME Annual deformation is always smaller than the Vol. 119, pp. 58–94. Meeting, Atlanta, GA, 33 pp. angle of draw. Cortis, S.E., 1969, ‘‘Coal Mining and However, OSM has concluded that, Allgaier, F.K., 1988, ‘‘Surface Protection of Surface Structures are while the angle of critical deformation Subsidence over Longwall Panels in Compatible,’’ Mining Congress describes where the maximum tensile the Western US—Final Results at Journal, Vol. 55, No. 6, Jun., pp 84– strains (stretching) will occur once the Deer Creek Mine, Utah,’’ 88. subsidence has occurred, the angle is Bauer, R.A., and Hunt, S.R., 1981, Information Circular 9194, US not useful in describing where ‘‘Profile, Strain, and Time Bureau of Mines, 17 pp. subsidence damage to structures may Characteristics of Subsidence from Durand, C.R., 1984, ‘‘Coal Mine occur for two reasons. First, as Coal Mining in Illinois,’’ Subsidence Western United States,’’ subsidence is occurring, dynamic Proceedings 1st Workshop on Man-Induced Land Subsidence, strains, both stretching and Surface Subsidence Due to Reviews in Engineering Geology, compressing, vary in location and may Underground Mining, S.S.Peng, ed., Vol. VI, T.L.Holzer, ed., pp. 151– occur in places other than where those West Virginia University, 194. strains will exist once subsidence is Morgantown, WV, pp. 207–219. Peng, S.S., and Chiang, H.S., 1984, complete. Thus, because the angle of Conroy, P.J., 1979, ‘‘Rock Mechanic Longwall Mining, Wiley, New York, critical deformation does not necessarily Studies, Longwall Demonstration at 708 pp. reflect where dynamic strains would Old Ben # 24, Benton, Ill.,’’ Phase Peng, S.S., 1986, Coal Mine Ground occur, it may not account for the area I and II Reports submitted to USBM, Control, 2nd ed., Wiley, New York, where damage may be caused while 57 pp. 491 pp. subsidence is still occurring. Second, Peng, S.S., and Chayan, C.T., 1981, Hasenfus, G.J., 1984, ‘‘The Prediction of because the sensitivity of structures to ‘‘Surface Subsidence, Surface Surface Subsidence Due to Room subsidence damage varies, structural Structural Damages and Subsidence and Pillar Mining in the damage may be caused by strains far Prediction Modelling in the Appalachian Coalfield,’’ MS Thesis, less than the maximum tensile strain; Appalachian Coalfields,’’ VPI & SU, 326 pp. thus damage may occur to structures Proceedings Workshop on Surface For the following reasons, OSM has that are not subject to maximum tensile Subsidence Due to Underground concluded that the angle of draw is a strain and that are located outside the Mining, S.S.Peng, ed., West Virginia reasonable way of delineating the area angle of critical deformation. Moreover, University, Morgantown, WV, pp. within which it will be presumed that structures may be more sensitive to 73–87. damage was caused by subsidence. The damage from other subsidence-related Adamek, V., and Jeran, P.W., 1981, ‘‘angle of draw’’ is the angle of phenomena such as curvature, tilt, and ‘‘Evaluation of Existing Predictive inclination between the vertical at the compressive strains that may occur Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16739 within the angle of draw, but outside also commercially available), for site- that because of this uncertainty the the angle of critical deformation. specific application. Thus the rule angle of draw must be large enough to While recognizing regional and site- properly provides a national standard, include the wide variety of subsidence specific variability in the angle of draw, but also provides for variations based on impacts. OSM has decided to establish a national state-of-the-art technology where Other commenters assert that the standard of 30 degrees. This is appropriate because of differences proposed rule references no sound consistent with the outer limits among States or within States. technical or scientific basis to support determined for earth movement in most If Federal enforcement of paragraph the presumption, and that OSM does subsidence studies across the United 817.121(c)(2) occurs under 30 CFR not have the authority to promulgate the States, particularly later studies 843.25 described infra, with respect to rule. These commenters claim that it is addressing long wall mining. Also, the subsidence-related damage to protected well documented that damage caused by Subsidence Deformation Prediction structures caused by underground subsidence depends on many different Model developed for OSM by Virginia operations conducted after October 24, factors which vary throughout the Polytechnical Institute, predicts an 1992, the presumption of causation will United States; and that a presumption angle of draw ranging from 27 degrees attach to the 30-degree angle of draw for that mining caused the damage within to 31 degrees for 90 percent extraction all existing permitted operations a pre-set nationwide angle of draw fails where the percentage of hard rock in the whether or not a presubsidence survey to take any of the important regional overburden varies from 70 percent to 30 has been conducted pursuant to the new factors into account. Also, commenters percent respectively. OSM has placed survey requirements of this rule. The argue that the appropriate angle of draw the results of this computer-based presumption will apply in the period depends on the geology of the region analysis in the administrative record for before a State’s amended permitting and type of underground mining that is this rulemaking. This nationwide regulations are effective, because the being conducted. It is argued that these standard is conservative and offers new requirements to survey the regional differences in the effects of reasonable protection to surface owners condition of surface features will not underground mining are the very reason under anticipated subsidence scenarios. apply, so there will also be no provision that Congress intended for the States to However States, coal companies, and/or for surface owner denial of be the primary enforces of SMCRA. The citizens have a mechanism to adopt permission—and therefore that ground commenters also claim that the state or site-specific values based on for negating the presumption will not ‘‘Hasenfus’’ thesis cited by OSM in the regional or site-specific data. These apply. However, during that time, if a preamble does not support the proposed variations could be incorporated into permittee elects to conduct a survey of rule’s 35-degree angle of draw because State programs or calculated on a the presubsidence condition of the thesis is based on data collected permit-specific basis. Thus, the protected structures and access is from room and pillar mines that were nationwide angle of draw can be denied, the decisionmaker may consider mined before the implementation of replaced by the State, either by a State- those circumstances in deciding SMCRA’s subsidence control wide standard, or on a site-specific whether the presumption has been requirements. basis, to the extent that a different angle established. Immediately after the State The commenters also allege that the of draw is demonstrated to be more amends its program, permittees could rule on presumption has no basis in reasonable. proceed to request designation of a SMCRA and that the rule violates the Although the final rule provides that different angle of draw or utilize the one allocation of burdens and standards of the presumption shall apply to a 30- contained in the state program if proof set out in Section 7(c) of the APA, degree angle of draw, it allows the different than 30 degrees. citing Director, OWCP v. Greenwich States to establish a different angle of A number of commenters support the Collieries, 114 S. Ct. 2251 (1994) draw, based on geotechnical analysis of proposed provision that would have (hereafter, ‘‘Collieries’’). Commenters the factors affecting potential surface established a presumption that argue that nothing in SMCRA provides impacts of underground operations. subsidence caused damage to lands, authority for OSM to establish the This angle of draw should be the angle structures or features within a specified standard or burden of proof in a civil within which vertical displacement of angle of draw of the mining. One action seeking to enforce the repair and the surface is reasonably expected. commenter further notes that section compensation requirements of section Further, as discussed above, the rule 784.20 of the proposed rules requires 720 of SMCRA. Commenters also argue ensures that the regulatory authority the applicant to show and to survey all that the allocation of the burdens of also has the flexibility to establish a structures and facilities which may be production and proof must be different angle of draw on a site-specific materially damaged by mine determined by the applicable law in the basis, where such variation is justified subsidence, and states that if the forum where the cause is brought. In by appropriate geotechnical analysis. identified structures are in fact addition, commenters allege that the OSM anticipates that implementation of damaged, then it is logical to assert that proposed rule violates section 7(c) of the this rule will be facilitated through the the mine caused the damage to those APA. Section 7(c) of the APA states that, use of computer-aided-design structures and a rebuttable presumption except as otherwise provided by statute, technology for subsidence prediction. process is reasonable. the proponent of a rule or order has the Computer program packages for Some commenters suggest that the burden of proof. Thus, these predicting surface movement and area in which the presumption would commenters interpret the APA to not deformation caused by underground apply should be broadened to a 45- provide for an agency to relieve a party coal extraction should be very helpful to degree angle of draw. The commenters of its initial burden of production to States and permittees in this regard. allege that this greater area of make out a prima facie case. Under OSM has designed a national computer presumption is supported by the fact commenters’ analysis, presumptions can system, the Technical Information that subsidence impacts vary in both only be created when a party has first Processing System (TIPS), in close scope and range depending on many introduced substantial evidence cooperation with the States, which different factors including the area’s supporting the presumption. Further, includes the subsidence prediction geography and the type of mining being the commenters speculate that relieving model previously mentioned (which is conducted. These same commenters add a party of their duty to establish a prima 16740 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations facie case based on a preponderance of traditional approach that the burden of rule or order has the burden of proof.’’ the evidence might not survive a going forward with evidence normally The court held that, under that APA challenge based on procedural due falls on the party with knowledge of the provision, the proponent of an order has process grounds. facts involved. See, e.g., EDF, Inc. v. the burden of persuasion, not just the OSM recognizes the concerns EPA, 548 F.2d 998 at 1004 (D.C. Cir. burden of production (or the burden of expressed by the commenters 1976) as modified and supplemental going forward with the evidence). (114 concerning variations in subsidence opinion on denial of rehearing. S. Ct. at 2251). In any case, a angle of draw, and the angle wherein In most cases, OSM does not expect determination as to causation must be damage is expected. As discussed section 7(c) of the APA to apply, as most based on consideration of all relevant above, OSM has designed the rule to enforcement cases are properly disposed and reasonably available information. address the possible range of of without the requirement for a formal OSM does not agree that it is appropriate angles within which it hearing subject to such provisions of the precluded from establishing such a would be reasonable to presume that APA. Rather, the presumption in this rebuttable presumption based on the damage is subsidence related. OSM does rule establishes a standard pursuant to commenters’ assertion that allocation of not agree with commenters’ arguments which a regulatory authority shall burdens of production and proof must concerning lack of authority under evaluate permittee compliance with a be determined by the applicable law of SMCRA or the APA. OSM believes the SMCRA performance standard, for the forum. Underlying State law does rule is fully authorized by, and purposes of regulatory authority not preclude OSM from adopting appropriate for implementation of enforcement of SMCRA. Further, the reasonable rules implementing SMCRA; section 720(a) which requires prompt presumption helps to ascertain the rather, inconsistent State law must be permittee repair or compensation for scope of the obligation to repair. changed to be consistent with SMCRA damage to protected structures; section The presumption will not relieve any and implementing regulations. 720(b), which requires the Secretary to party of the initial burden of Therefore, OSM anticipates that an adopt implementing rules; section 516, production, but rather defines what that implementing revision to the State which authorizes the Secretary to burden will be, and when it may shift, regulatory program will be appropriate ‘‘promulgate rules and regulations in enforcement actions under this in most States. directed toward the surface effects of paragraph. That is, in enforcement Contrary to commenters’ expressed underground coal mining operations’’ actions by the State regulatory authority concern, OSM does not intend to and to consider the distinct difference or OSM, if the evidence establishes that require a court to apply the presumption between surface coal mining and damage has occurred to protected to citizen suits seeking civil remedy underground coal mining; section structures as a result of earth movement under the performance standards of 501(b), which requires the Secretary to within the applicable angle of draw, section 720 of SMCRA; OSM anticipates adopt implementing procedures and then this evidence satisfies the initial that the court in question will establish requirements; and section 201(c), which burden of production, and then gives the standard or burden of proof to be requires the Secretary to ‘‘publish and rise to a rebuttable presumption of applied in any civil action before it, promulgate such rules and regulations causation by subsidence. At that point consistent with SMCRA. as may be necessary to carry out the the regulatory authority or OSM would A commenter has indicated concerns purposes and provisions of this Act.’’ have satisfied its obligation to make a that this presumption will be unfair to The Secretary is using his rulemaking prima facie case on the issue of existing operations, because they will authority to adopt provisions reasonable causation. The permittee then has the not have done a presubsidence survey and necessary to guide and facilitate burden of production to rebut the and so will be unable to document implementation of these sections. presumption or to negate other relevant premining conditions. OSM does not Further, commenters have evidence, by providing information that agree. Permittees have had notice of the mischaracterized the effect of the relates to the effect of the underground amendment establishing the presumption established under this mining, such as information on the requirements for repair, replacement, provision. The presumption does not nature and timing of the underground and compensation since enactment of change the ultimate burden of proof in mining operation, geological conditions the Energy Policy Act in 1992. a determination. The ultimate burden of in the area mined, and the premining Therefore, permittees have had ample persuasion still lies with the regulatory condition of the surface feature. The opportunity to conduct a premining authority or OSM. OSM believes that presumption can be rebutted with survey to document premining inferences and presumptions are an technical support either prior to an conditions, if they wished to establish essential aspect of the adversary enforcement action being taken by the baseline information. Further, nothing process. A trier of fact must often regulatory authority, or in response to in existing rules or in the rules being determine the existence of an element of such an action during the review or adopted by OSM precludes a permittee a violation from the existence of one or appeal process. The proof needed to from updating information as to more evidentiary facts. From its rebut the presumption will be premining surface conditions during the experience in implementing SMCRA, determined on a case-by-case basis. course of the mining operation. OSM believes that there is sufficient Because the ultimate burden of Therefore, a permittee could reasonably nexus and probability of causation persuasion still lies with the regulatory provide a presubsidence survey and between the facts that are deemed to authority or OSM, in any cases in which then provide an update of conditions a give rise to the rebuttable presumption a formal hearing is required to be held, reasonable time before mining is to under this paragraph, and the resulting the rebuttable presumption is fully begin in a particular area. And since presumption. As indicated above, OSM consistent with section 7(c) of the APA, permittees are in the best position to believes this presumption is particularly and with the holding in the Collieries establish both what changes have appropriate in light of the fact that the case cited by commenters (114 S. Ct. occurred and what actions and permittee will have the best access to 2251). That case interpreted the section geological factors are associated with the facts that will be key to any ultimate 7(c) burden of proof provision, which those changes, they are not conclusions on the issue. Such a provides that, ‘‘[e]xcept as otherwise disadvantaged by a presumption that presumption is consistent with the provided by statute, the proponent of a recognizes their advantage in Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16741 documenting and evaluating the damage to water resources within the facilities protected under paragraphs consequences of their mining. Also, greater of a 60-degree angle of draw or (c)(1) through (c)(3) of this section, the OSM assumes that if a permittee of an 300 feet of the outer boundary of the regulatory authority would require the existing operation has made reasonable underground coal mining operation. permittee to obtain additional efforts to conduct a presubsidence However, OSM did not propose such a performance bond in the amount of the survey which documents the presumption, and believes that water estimated cost to repair the material presubsidence condition of protected supply damage causation does not lend damage from subsidence to the structures, and permission has been itself to such a presumption. OSM bases protected land, structures, or facilities. refused by a property owner, then in this conclusion in part on its belief that The permittee would have been any enforcement proceeding OSM or the causation of damage to water supply required to obtain the additional bond regulatory authority may take these from springs and wells can be far more within 90 days of the occurrence of circumstances into account in complex than causation of damage to damage unless repair or compensation determining what weight, if any, to give surface lands and structures, and can is completed within that time frame, in to the rebuttable presumption of involve a potentially greater variety of which case no additional bond would causation. geological and hydrological formations be required. In response to comments, OSM believes that commenters’ and dynamics including depth, lateral these proposed requirements are being concerns about fairness and about due extent, and recharge of the affected modified in the final rule. The final rule process with regard to the presumption, supply. Therefore, OSM has not ensures that replacement of water are also misplaced. Due process established such a presumption in this supplies protected under paragraph concerns, at bottom, relate to the rulemaking. 817.41(j) is also addressed. Further, the fundamental fairness of a procedure. However, OSM has concluded that final rule provides that if the permittee OSM believes that the rebuttable the absence of a presumption of intends to repair the damage, the presumption will provide a fair process, causation for replacement of affected required additional bond would amount for several reasons, including the water supplies will not inhibit the water to the estimated cost of the repairs. If following: first, in adopting a State supply owner’s ability to receive water the permittee intends to compensate the program amendment, the State may supply replacement. If the water supply owner, the additional bond would specify a different standard for the angle has been contaminated, diminished, or amount to the diminution in value of where appropriate for conditions in the interrupted by the underground mining the protected land or structures. If the State; second, after amendment of the operation, the permittee is required to permittee will replace a protected water State program, the permittee may promptly replace the affected supply. In supply, the required additional bond demonstrate that the presumption the event that the permittee does not would amount to the estimated costs to should apply to a different angle of replace the water supply, and the water replace the protected water supply. draw on the particular site; third, in supply owner contacts the regulatory Also, in response to comments, the final every case the regulatory authority must authority regarding water loss, the rule provides that, on a case-by-case establish that the structures are within regulatory authority must investigate to basis, the 90-day period for posting the angle of draw to which the determine if there is sufficient evidence bond can be extended for up to one year presumption applies, that damage has to believe that the domestic, drinking, or under certain circumstances. This can occurred to the protected structure and residential water supply was adversely occur when the permittee demonstrates that it was caused by earth movement; affected by subsidence from the and the regulatory authority finds in fourth, the permittee is in the best underground mining operation and writing that subsidence is not complete, position to provide baseline information subsequently not promptly replaced by that not all probable subsidence-related and information as to whether the permittee. If the regulatory authority damage has occurred to lands or subsidence caused the damage, once determines that sufficient evidence protected structures or that not all damage is established; fifth, the exists that a protected water supply has reasonably anticipated changes have decisionmaker must consider all been contaminated, diminished, or occurred affecting the protected water relevant and reasonably available interrupted by the underground mining supply. In such cases, it would be information; sixth, the presumption operation, then the regulatory authority unreasonable to complete within 90 does not apply where access for a will initiate appropriate enforcement days the repair of subsidence damage or presubsidence survey pursuant to these action. In any such enforcement action, the replacement of protected water rules was denied (and if access for a the burden of proving that the water supplies. voluntary survey of presubsidence supply was damaged by subsidence Commenters assert that the proposal conditions is denied for an existing from the underground mining operation is not adequately explained and that the operation, the decisionmaker may is not on the water supply owner, who requirements would be difficult for consider those circumstances in may not have knowledge of geological some permittees to meet. Also, the rule deciding whether the presumption has conditions and the nature and timing of fails to mention any procedure for the been established); seventh, the the mining activities. Rather the initial bond’s release. Further the commenters presumption does not change the burden is on the regulatory authority to argue that surety companies would be ultimate burden of proof in a establish a prima facie case that the reluctant to post bonds for operations determination; and eighth, water supply was affected by the subject to the broad scope of the new administrative and judicial appeals underground mining. Then the burden rules. Without surety companies procedures are available to all aggrieved of going forward with evidence to rebut providing the bonds the permittees parties. the prima facie case would shift to the would be forced to finance the bonds Some commenters urge that OSM permittee. The ultimate burden of proof themselves. This would place a severe adopt a presumption of subsidence is on the regulatory authority. financial burden on the permittee which causation for damage to water supplies, would make it even more difficult for similar to that proposed for damage to 817.121(c)(5) them to prevent or repair subsidence lands, structures, and features at This section as proposed would have related damage. 817.121(c)(4). Commenters stated that provided that, if material damage from OSM disagrees with the commenters such a presumption should apply to subsidence occurs to land, structures, or that surety companies would be 16742 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations reluctant to post the bonds provided for to issue a permit for underground financial burden on the permittee and in this paragraph, and that the mining without requiring the posted encourages premature and substandard requirement to obtain additional bond amount to reflect any bond restoration of protected features. OSM bonding on a temporary basis would amount for potential subsidence has considered these arguments and has impose such a severe financial burden damage, provided that the bond amount made some adjustment to the final rule. on the permittee so as to impede their could be adjusted upward after the OSM believes that if delays in repair are ability to repair subsidence related damage began occurring. The court of likely, then normally bond amounts damage. The current rules at 30 CFR appeals found that one of the distinct should be adjusted to ensure that funds Part 800 already require the permittee to differences between surface and will be available later to pay for the adjust the amount of the bond when the underground mining is the difficulty in repairs, since delays increase the risk costs of future reclamation increase or accurately estimating the cost of that permittee funds may not be when a reclamation obligation is repairing subsidence related material available. However, OSM does not established; for example, when material damage. intend that the rule encourage damage from subsidence occurs. The OSM does not agree with the inappropriate or premature restoration final rule is intended to avoid commenters’ interpretation of the measures when subsidence related incomplete reclamation by clarifying the legislative history of the Energy Policy damage is not yet complete, so that application to actual subsidence damage Act or the cited case on this issue. As subsequently the permittee would have of the requirement in 30 CFR 800.15(a) noted above, OSM believes the rule to redo the repairs. Therefore, under the that the regulatory authority specify a primarily clarifies the application of final rule the regulatory authority can period of time or a set schedule to existing bonding requirements which extend the 90-day timeframe up to one increase the amount of bond when the require adjustment of the bond amount; year under limited circumstances as cost of reclamation changes. Thus, this thus, Congress may have deleted further previously described. provision assures that funds are language on this subject because it was Section 843.25—Direct Federal available in a timely fashion to cover the not clearly needed. OSM concludes that Enforcement for Repair of Subsidence cost of repairs in case of default by the the proposed rule is consistent with the Damage. permittee and to encourage prompt case cited by commenters, because the repair through the use of a grace period. proposed rule provides that the bond In response to comments asking for The final rule does not establish a time amount will be increased to cover clarification as to how immediate limit for repair but rather allows the required repair work after damage enforcement of the Energy Policy Act permittee a 90-day grace period to occurs, and only if the repair work is meshes with the primacy scheme perform repairs, during which time no not to be completed within 90 days. At established by SMCRA, OSM is adding additional bond need be posted. The that point it is not a ‘‘highly speculative a new section 843.25, to provide obligation to post increased bond only endeavor,’’ since the damage will have procedures for initiating and applies 90 days after damage has occurred and estimates of repair costs terminating direct Federal enforcement occurred. It should be noted that under can be reasonably established. Also, the as appropriate, for section 720 of paragraph 800.14(c), if the liability permittee has control over the timing of SMCRA concerning subsidence damage insurance policy required under section repairs and can avoid the bond by caused by underground mining that 800.60 would provide coverage repairing or compensating promptly. occurred after October 24, 1992. Section sufficient to fund the reclamation of Thus, while OSM concurs in the 720(a) of SMCRA requires that subsidence damage, that insurance may rationale of the cited decision, as it ‘‘Underground coal mining operations be substituted for increased bond. concerns pre-subsidence bonding for conducted after the date of enactment of Procedures for bond release are set forth anticipated subsidence damage, the this section shall comply with each of in sections 800.17 and 800.40. decision is not applicable to the the following requirements: * * *.’’ In Commenters charge that the circumstances addressed in this rule. section 720(b), the Secretary is directed, legislative intent behind the Energy The proposed rule also provides within one year after the date of Policy Act shows that although the idea substantial flexibility to the permittee, enactment of the Energy Policy Act, and of additional bonding for subsidence because it allows liability insurance after notice and opportunity for damage and water replacement was proceeds to be applied to the repair comment, to promulgate final included in the House version of the effort. OSM believes this rule is regulations to implement subsection Energy Policy Act, the provision was consistent with SMCRA and is not 720(a). Thus, the requirements of deleted in the final conference inconsistent with any provisions of the subsection 720(a) to promptly repair, committee version and the proposed Energy Policy Act. replace, or compensate were made rule requiring additional bonding would Commenters allege that permanent effective immediately upon enactment be contrary to the legislative intent of repair of subsidence damage to of the provision, but the Secretary was Energy Policy Act. structures and lands is seldom directed to adopt implementing The commenters also rely on case law completed within 90 days. Potential regulations during the following year. that has found that bonding for damage to structures from tertiary subsidence would be a ‘‘highly settlement and from adjacent mining 843.25(a) speculative endeavor’’ and that a change could delay repair for more than a year. Under paragraph (a) of the final rule, to such an approach would require Similarly, to minimize disruption to within 120 days from the publication of ‘‘significant new evidence.’’ The sowing or harvesting of crops, repair of the rules, OSM will determine for each commenters reference the decision of drainage patterns in agricultural fields State with an approved State regulatory the court of appeals in National Wildlife should be delayed until the entire field program, what enforcement procedures Fed’n v. Hodel, 839 F.2d 694 (D.C.Cir. is subsided, and this is rarely possible will apply for purposes of implementing 1988). This decision affirmed the within 90 days. The commenters argue SMCRA section 720(a) and Secretary’s explanation that because it is that to impose additional bonding in implementing regulations. The specific difficult to predict with reliability when such cases when repair cannot be performance standards implementing and how severely subsidence damage to completed within 90 days, section 720(a) are set forth in paragraphs the surface will occur, it is reasonable accomplishes nothing but additional 817.41(j) and 817.121(c)(2). OSM will Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16743 determine for each such State whether damage from underground mining that are amended to address section 720 and (1) there will be direct interim Federal would be subject to section 720. Some the implementing Federal regulations. enforcement of the Energy Policy Act States are already in the process of Under paragraph (b)(1) of the final and implementing performance adopting provisions like section 720, rule, upon a determination by OSM standards, for some or all surface coal and may promulgate such provisions on under paragraph (a) that direct Federal mining operations; or (2) State or shortly after the effective date of enforcement is necessary, paragraph enforcement will occur, backed up by these regulations. Providing for direct 817.121(c)(2) will apply directly to OSM using the oversight procedures of Federal enforcement in such States may surface coal mining operations in States paragraphs 843.11 and 843.12(a)(2); or be unnecessary. Providing for direct with an approved State regulatory (3) a combination of direct Federal Federal enforcement could be program. Paragraph 817.121(c)(2) will enforcement and State enforcement will unnecessary in any States that adopt apply directly to failure to repair or occur. As part of the determination provisions covering mining after compensate for subsidence-related process, (4) OSM will consult with each October 24, 1992, if the State provisions material damage to occupied residential affected State and provide opportunity are effective on or will be shortly after dwellings and related structures and for public comment. OSM will publish the effective date of these regulations. non-commercial buildings, and its determination in the Federal However, some States may take two or paragraph 817.41(j) will apply directly Register. three years under Part 732 to adopt State to failure to replace a contaminated, In the preamble to the proposed rules program amendments. For States that do diminished, or interrupted drinking, (58 FR 50182) OSM ‘‘concluded that take such an extended time to adopt domestic, or residential water supply. Congress intended new section 720(a) to implementing regulatory program Both paragraphs apply directly to immediately supersede inconsistent provisions, OSM may well determine it damage caused by underground mining State program performance standards, necessary to provide direct Federal activities that occurred after October 24, by operation of law, as of the effective enforcement for any damage caused by 1992. date of the final Federal rules.’’ OSM underground mining that occurs after Under paragraph (b)(2), upon a also stated in the preamble to the October 24, 1992, until damage caused determination by OSM under paragraph proposed rule, ‘‘OSM believes it is by underground mining is covered by (a) that direct Federal enforcement is essential to provide as orderly a such a State provision. OSM also necessary, the provisions of paragraph transition as possible for implementing anticipates that a number of States may 843.12(a)(2) will not apply to direct the Energy Policy Act.’’ Id. OSM not authorize enforcement of provisions Federal enforcement implementing believes it is also essential to give the analogous to section 720, as of October paragraphs 817.41(j) or 817.121(c)(2). fullest possible effect to the State 24, 1992. Kentucky has already When, on the basis of a Federal primacy scheme of SMCRA, in informally advised OSM that it does not inspection pursuant to paragraph (b), an implementing the provisions of section anticipate providing for enforcement authorized representative determines a 720, including the effective date. Upon covering mining that occurred before violation exists of paragraph 817.41(j) or further reflection, OSM has concluded July, 1994. In those States, to ensure 817.121(c)(2), the authorized that it is not clear from the legislation compliance with section 720(a) OSM representative will issue a notice of or legislative history, how Congress will provide direct Federal enforcement violation or cessation order, as intended that section 720 was to be for any claims of damage caused by appropriate. Paragraph 843.12(a)(2) implemented, in light of existing underground mining which occurs after provides for a ten-day notice (TDN) to SMCRA provisions for State primacy. October 24, 1992, and predates State a State, and opportunity for the State to Thus, OSM has a certain amount of program amendment. Such Federal take appropriate action or show good flexibility in implementing section 720. enforcement should cause no surprise to cause for failure to act, before an After weighing these considerations, permittees, who have been aware of authorized representative would issue a OSM intends to implement section 720 their obligations since passage of the notice of violation or cessation order. promptly, but will pursue federal Energy Policy Act in 1992. Under paragraph (b)(3), paragraph (b) enforcement without undermining State One commenter opined that direct providing for direct Federal primacy under SMCRA. This decision enforcement was unnecessary, and that enforcement will remain effective in a reflects OSM’s general policy of existing procedures for State program State with an approved State regulatory developing a shared commitment with amendments would be sufficient to program until approval, pursuant to Part the States in enforcing the Act. To ensure appropriate enforcement. OSM 732, of provisions adopted by the State achieve this balance, OSM intends that does not agree. As set out above, OSM consistent with paragraphs 817.41(j) and the consultation and comment process believes that direct Federal enforcement 817.121(c)(2). Upon approval of those provided for in paragraph 843.25(a) will could be necessary in some States, in provision, paragraph (b) will remain allow OSM to evaluate affected States’ order to ensure that prompt compliance effective only for violations of enforcement authority and State plans is provided with minimum disruption paragraphs 817.41(j) and 817.121(c)(2) for implementing section 720, to of existing procedures for State primacy. that are not regulated by the State. determine to what extent OSM can rely The procedures established in Some commenters request on state primacy, and ensure prompt paragraph 843.25(a) will allow for State- clarification as to how existing compliance with section 720, while by-State determination after appropriate procedures for ensuring State primacy complying with the requirement for input from affected persons concerning in regulatory program implementation implementing rules. Once OSM has the necessity for direct Federal will apply under the proposed rule. consulted with the States as to enforcement. These commenters allege that OSM has implementation of section 720, OSM no authority to ignore existing TDN and will have the information necessary to 843.25(b) State program amendment procedures determine the appropriate enforcement Paragraph (b) clarifies how direct which ensure State primacy in approach for each State. OSM Federal enforcement procedures will enforcement of SMCRA and ensure that anticipates that some States may have apply, to the extent they are initiated, the approved State regulatory program no underground mining, and that some and how direct Federal enforcement will apply to mining operations in the states may have no complaints of will be phased out, once State programs State until established procedures are 16744 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations followed to require State program less disruption of existing procedures in statute, as well as the proposed rule, changes. Other commenters allege that each State. that prompt compliance would be direct Federal enforcement would be OSM believes that SMCRA section required as of October 24, 1992. If there inconsistent with SMCRA. OSM does 201(c)(2) also authorizes this approach. are concerns about opportunity to not agree. OSM believes that the limited Section 201(c)(2) provides that the understand and comment on specific direct enforcement procedures it is Secretary, acting through OSM, will procedures for immediate enforcement, adopting are authorized by both section ‘‘publish and promulgate such rules and OSM believes that any such concerns 720 and section 201(c) of SMCRA. regulations as may be necessary to carry will be adequately addressed by the Congress provided no specific statement out the purposes and provisions of this process for consultation and as to how OSM was to ensure prompt Act.’’ Since Congress did not address opportunity to comment on appropriate compliance by underground coal the issue of how OSM was to meet the measures for each State. mining operations, for damage caused mandate for prompt compliance as of Other commenters allege that OSM by any underground mining after October 24, 1992, the Secretary is using has failed to provide timely rulemaking October 24, 1992. Congress did his rulemaking authority to provide for implementing section 720, and that recognize that to develop such a direct Federal enforcement where OSM must promulgate an interim final regulatory scheme would require reasonably necessary to implement rule which makes effective for all rulemaking, and provided for such Congress’ mandate for prompt Federal and State programs, including rulemaking in section 720. Enforcement compliance. OSM has concluded that the Indian lands program, the of section 720 will be required to apply the existing program amendment and requirements of section 720, effective enforcement process may not be October 24, 1992. These commenters to mining that occurs after October 24, sufficient to ensure prompt compliance further argue that all permits should be 1992. OSM expects that some number of with the statute, and has decided to modified to include the requirements of States will not provide implementation adopt rules providing for direct Federal section 720 as permit conditions, and of section 720 for mining that has enforcement as necessary to ensure that all permitting authorities should be occurred after October 24, 1992, but prompt compliance with section 720(a). required to require collection and before State program amendment, and Commenters argue that the proposal analysis of the data necessary to that such States may prefer OSM to to provide for direct Federal implement section 720. OSM does not carry that enforcement burden. Based on enforcement ignores Federal case law agree. OSM had earlier decided that past experience, OSM also expects that which indicates that, as a general such an interim final rule was not the normal process for State regulatory proposition, the State program, not appropriate, because of OSM’s desire to program amendment and OSM approval SMCRA, is the law within the State. avoid any unnecessary impairment of of State program amendments could OSM recognizes that, under existing State primacy. OSM believes that take as much as two or three years, after rules implementing SMCRA, States with reasonably prompt compliance will be this rule is finalized. Thus, if only State approved regulatory programs have assured in States with approved State program amendment procedures were primary responsibility for implementing regulatory programs under the followed, it could be as long as five SMCRA, based on the approved procedures OSM is adopting, which will years after enactment of section 720 program. However, in this rule OSM has provide expeditious direct Federal before some States actually enforced the carved out a limited exception to the enforcement where determined section. OSM has concluded that general proposition, to the extent necessary. And an interim final rule will following the routine procedures for necessary to give reasonable force and not be necessary for Federal program State program amendment and for effect to section 720, while maintaining lands or Indian lands because, as TDN’s in implementing these rules, so far as possible State primacy discussed below, these final rules are would frustrate the requirement for procedures. OSM believes that the incorporated by reference in the prompt repair, replacement, or process adopted in this final rule is regulatory programs for such lands, and compensation for all damage caused by consistent with and authorized by will apply upon the effective date of underground mining occurring after Congress under the Energy Policy Act, these rules. Further, OSM is following October 24, 1992. In reaching this and that case law interpreting other its normal rulemaking procedures, conclusion, OSM considered provisions of SMCRA is not necessarily consistent with the APA. OSM believes preliminary information as to dispositive. that in section 720(b) Congress complaints already filed with State One commenter alleges that OSM had contemplated notice-and-comment regulatory authorities alleging violations not provided sufficient information rulemaking as an appropriate of section 720. OSM requested such about enforcement procedures to enable mechanism for implementing section information from several States in commenters to understand or comment 720(a). Given the difficult and which a substantial number of on the procedures for direct controversial issues in this rulemaking, underground coal mining operations are enforcement. OSM does not agree. OSM OSM believes it is important to assure permitted. The States of Virginia, provided sufficient information in the full and fair opportunity for all Pennsylvania, West Virginia, and proposed rule to indicate that, in the interested persons to comment, and Kentucky have already received a total interests of ensuring prompt opportunity for OSM to consider all of over 300 complaints of violations of compliance, the regulations would be comments before OSM adopts section 720. Therefore, OSM has made immediately and directly implementing rules. OSM also believes concluded that direct Federal enforceable. OSM thereby informed all the procedures set out in these rules enforcement as outlined above, is interested persons that OSM did not will assure reasonably timely consistent with, and essential to a expect to postpone enforcement compliance with section 720 with less reasonable implementation of section pending State program amendment. uncertainty and less disruption of the 720. However, in response to comments And OSM believes that neither industry existing process than would be caused expressing concern about disruption of nor State regulatory authorities will be by the actions advocated by these existing procedures, OSM has sought to prejudiced by such immediate commenters. provide a more limited direct enforcement, since all interested OSM concludes that there will be no enforcement process which will cause persons were put on notice by the prejudice to the interests of Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16745 underground coal mine operations to adopted in this rulemaking at section between mining and damage to homes the extent direct Federal enforcement 701.5 and the presumption at paragraph and land is simplified. Also, the rule will occur. The industry was on notice 817.121(c)(4) will be effective and provides that subsidence damage within that section 720 does specifically enforced on the same date as the a specified area associated with a coal require that underground mine provisions of paragraphs 817.41(j) and mining operation will be presumed to operations promptly repair, replace, or 817.121(c)(2). have been caused by that operation, and compensate for subsidence damage to For all other provisions in the final that the operator will have the burden protected features. The obligation was rule, OSM will follow established of refuting such a presumption. This not changed by this rulemaking. The procedures for notice of required shifts the burden of providing evidence only question was the mechanism by changes in State regulatory programs. from the property owner to the operator which the requirement for prompt The additional provisions will become who would have better information as to action would be enforced. And, since effective upon the adoption of the nature and timing of the mining Federal enforcement can occur without counterpart State regulatory program activities. delay for State program amendments, provisions in primacy States. OSM will The rule also provides the property OSM believes the direct Federal evaluate permanent State regulatory owner with an option to receive enforcement process will work to the programs approved under § 503 of the compensation in a lump sum payment advantage of all interested persons. In Act to determine whether any changes as an alternative to annual payments for cases where direct Federal enforcement in these programs will be necessary. If operation and maintenance costs for a is instituted, any evidentiary issues in the Director determines that certain permanent water supply. If agreed to by enforcement should be more readily State program provisions should be the landowner, a one-time payment resolved, because facts will be fresher amended in order to be made no less based on the present worth of the and more readily recalled than they effective than the revised Federal rules, increased annual operating costs for a would be after the delay required for the individual States will be notified in period of time agreed upon by the amendment of a State program. In such accordance with the provisions of 30 landowner and the coal mine operator cases the question whether damage was CFR 732.17. would fulfill the operator’s obligation. caused by subsidence from an Such a payment plan, rather than underground mining operation may be III. Procedural Matters annual or other periodic payments, easier to resolve under direct Federal Federal Paperwork Reduction Act would be preferable to the property enforcement, than it would be later after owner in those cases where the operator the delays required to implement an The collections of information might encounter financial difficulties or amended State program. contained in this rule have been simply go out of business. approved by the Office of Management Property owners and coal mine Effect in Federal Program States and on and Budget under 44 U.S.C. 3501 et seq. operators would benefit from the Indian Lands and assigned clearance numbers 1029– requirement to conduct a pre-mine The rules adopted today will be 0039 and 1029–0048. survey. The survey must inventory and applicable through cross-referencing in Executive Order 12866 document the pre-mining condition of those States with Federal programs and the potentially affected structures and on Indian lands. The States with Federal This rule has been reviewed under renewable resource lands. Under this programs are California, Georgia, Idaho, Executive Order 12866. requirement, both the surface owner and Massachusetts, Michigan, North Benefits the mine operator are provided with a Carolina, Oregon, Rhode Island, South more accurate record of the status of the Dakota, Tennessee, and Washington. While the cost of the rulemaking can homes and land prior to mining. Hence, The Federal programs for these States be estimated, the benefits are not readily the record would be a fairer basis for appear at 30 CFR Parts 905, 910, 912, or completely quantifiable. Water loss enforcement in the event of subsidence. 921, 922, 933, 937, 939, 941, 942, and and structural damage caused by Estimated Costs 947, respectively. The Indian lands subsidence from underground coal program appears at 30 CFR Part 750. In mining can have very disruptive The final rule requires all accordance with 30 CFR 774.11, with personal and financial impacts, underground coal mining operations respect to existing operations, OSM will particularly to middle class and rural promptly to repair or compensate for notify permittees of the need to revise landowners. The benefit of avoiding the any material damage to non-commercial their permits to conform with the personal consequences, including those buildings and occupied residential changes to 30 CFR 817.41(j) and associated with health and safety, is dwellings or related structures as a 817.121(c). difficult to assess. However, one of the result of subsidence due to underground clear benefits of the rule is that the coal mining operations. Permittees in Effect on State Programs responsibility to repair property damage both primacy States and Federal The performance standards set forth and replace lost water supplies is program States, as well as on Indian in 30 CFR 817.41(j) and 817.121(c)(2) shifted from property owners suffering lands, are required to comply with this are required to implement new SMCRA the damage to the mining operations provision for operations conducted after sections 720(a)(1) and (2). New SMCRA that cause the damage. October 24, 1992. This provision is section 720(a) requires that operations OSM’s regulations would require necessary to implement new SMCRA conducted after October 24, 1992 replacement of the landowner’s section 720(a)(1) of the Energy Policy comply with these provisions. domestic water supply in a timely Act of 1992. In the interim pending direct manner. The surface landowner would The estimated cost to coal operators to enforcement by a State, enforcement of have water replacement, as necessary, meet this requirement of the Energy paragraphs 817.121(c)(2), 817.121(c)(4), without assuming any additional costs. Policy Act is $12.6 million. Most states and 817.41(j) of this rule will be Under the regulations, landowners are adopted provisions to implement this provided as set forth in section 843.25 afforded additional protections for their requirement following passage of the of this rulemaking. For purposes of such homes and domestic water supplies. 1992 Act. These states account for $11.7 interim enforcement, the definitions The process for establishing causation million of the $12.6 million estimated 16746 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations cost. Other states will need to the location and pre-mining condition mining operations, and only a small promulgate implementing provisions on of protected structures and lands, and number of small entities mine coal by or shortly after the effective date of the location and pre-mining quantity underground methods. For the purposes these regulations. OSM estimates that and quality of protected water supplies, of this determination, a small entity is the cost to coal operators to meet this is essential to establish a sufficient considered anyone whose total annual requirement in those additional states baseline against which the effects of production at all locations does not will be $900,000. subsidence may be measured and to exceed 300,000 tons. The final rule also requires the ensure full implementation of SMCRA National Environmental Policy Act permittee to promptly replace any sections 516 and 720. Estimated cost to drinking, domestic or residential water coal operators is $1.6 million. OSM has prepared a final supply that is contaminated, diminished • Pre-subsidence Survey and environmental assessment (EA), and has or interrupted by underground mining Subsidence Control Plan: majority of made a finding that the rule will not activities conducted after October 24, applicants provide the survey, including significantly affect the quality of the 1992, if the affected well or spring was map, and the subsidence control plan human environment under section in existence prior to the date the under the existing regulations; cost 102(2)(C) of the National Environmental regulatory authority received the permit corresponds to those operators not Policy Act of 1969 (NEPA), 42 U.S.C. application for the activities causing the currently providing the information. 4332(2)(C). A finding of no significant loss, contamination or interruption. Estimated cost to coal operators for both impact (FONSI) has been approved in This requirement that the permittee requirements is $65,000. accordance with OSM procedures under promptly replace any drinking, • Presumption of Causation: NEPA. The EA and FONSI are on file in domestic, or residential water supplies presumes that damage was caused by the OSM Administrative Record, Room that have been adversely affected by underground coal mining operations; 660, 800 North Capitol Street, underground activities is necessary to the operator must bear the cost of Washington, DC. implement the provision of new rebutting the presumption. Estimated Executive Order 12778 on Civil Justice SMCRA section 720(a)(2) of the Energy cost to coal operators is $420,000. Reform Policy Act of 1992. • Additional Bonding: requirement to Under the regulations, the operator increase bond coverage within 90 days This rule has been reviewed under the would pay the capital costs of installing of the occurrence of any damage that is applicable standards of section 2(b)(2) of the replacement water supply. For not repaired. Estimated cost to coal Executive Order 12778, ‘‘Civil Justice example, if the use of well water can operators is $620,000. Reform’’ (56 FR 55195). In general, the continue, the operator would pay the The total estimated cost to coal requirements of section 2(b)(2) are cost of designing, drilling, and operators to meet the subsidence control covered by the preamble discussion of completing a new or deeper well; provisions in the Energy Policy Act of this rule. Individual elements of the purchasing and installing a pump; and/ 1992 is $26.5 million. However, because order are addressed below: or purchasing and installing a treatment many states have already implemented A. What would be the preemptive system, as necessary. If the replacement provisions of the Act accounting for an effect, if any, to be given to the water supply involves a hook-up to a estimated cost of $21.2 million, the cost regulation? public or private water supply system, that will be incurred by coal operators Section 843.25 sets out a procedure by the operator would pay the hook-up resulting from promulgation of this final which OSM may determine on a State- costs, including fees, purchase of rule is estimated to be $5.3 million. by-State basis that direct Federal equipment and supplies, and There are a number of provisions enforcement is required in States with construction. If a temporary water discussed in the proposed rule that have approved regulatory programs, in the supply is necessary before the not been adopted in the final rule. A interim before those programs are permanent replacement water supply is significant change is the decision by amended to implement section 720, to provided, the operator would pay the OSM not to adopt the proposed ensure prompt compliance with section cost of providing the temporary water requirement to replace agricultural, 720 of SMCRA, 30 U.S.C. 1309a, and supply. commercial and industrial water implementing Federal regulations. Any The estimated cost to coal operators to supplies. OSM agreed with commenters such action would be instituted only meet this requirement of the Energy that these provisions of the proposed upon a determination that in a Policy Act is $11.2 million. Most states rule went beyond the requirements of particular State the action was necessary adopted provisions to implement this the Energy Policy Act. OSM estimates on an interim basis, to ensure the requirement since passage of the 1992 that these provisions not included in the congressionally mandated prompt Act. These states account for $9.5 final rule would have cost coal compliance with SMCRA section 720, million of the $11.2 million estimated operators more than $7 million. Another for underground operations conducted cost. Other states will need to proposed requirement that all facilities after October 24, 1992. This procedure promulgate implementing provisions on be covered was not adopted in the final is discussed in the preamble discussion or shortly after the effective date of rule. However, this change does not of section 843.25. The other provisions these regulations. OSM estimates that appreciably alter the cost to coal in this rulemaking would have the same the cost to coal operators to meet this operators of meeting the requirements in preemptive effect as other standards requirement in those additional states this rule. adopted pursuant to SMCRA. To retain will be $1.7. primacy, States have to adopt and apply In addition to the above requirements, Regulatory Flexibility Act standards for their regulatory programs OSM believes that the following The DOI certifies that this rule would that are no less effective than those set provisions with an estimated cost to not have a significant economic effect forth in OSM’s regulations. Any State coal operators of $2.7 million were on a substantial number of small entities law that is inconsistent with or that essential to implement the requirements under the Regulatory Flexibility Act, 5 would preclude implementation of the of the Energy Policy Act. U.S.C. 601 et seq. This determination is regulation would be subject to • Pre-Mine Survey: an explicit based on the fact that the revisions will preemption under SMCRA section 505 requirement to establish and document have the greatest effect on underground and implementing regulations at 30 CFR Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16747 730.11. To the extent that the regulation Applicable administrative procedures Dated: January 5, 1995. would result in preemption of State law, may be found at 43 CFR Part 4. Bob Armstrong, the provisions of SMCRA are intended F. Would the action define key terms, Assistant Secretary—Land and Minerals to preclude inconsistent State laws and either explicitly or by reference to other Management. regulations. This approach is regulations or statutes that explicitly Accordingly, 30 CFR Parts 701, 784, established in SMCRA, and has been define those items? 817, and 843 are amended as set forth judicially affirmed. See Hodel v. Terms which are important to the below. Virginia Surface Mining and understanding of the action are set forth Reclamation Ass’n, 452 U.S. 264 (1981). SUBCHAPTER AÐGENERAL B. What would be the effect of the in 30 CFR 701.5. PART 701ÐPERMANENT regulation on existing Federal law or G. Would the regulation address other REGULATORY PROGRAM regulation, if any, including all important issues affecting clarity and provisions repealed or modified? general draftsmanship of regulations set 1. The authority citation for Part 701 The regulation would modify the forth by the Attorney General, with the is revised to read as follows: concurrence of the Director of the Office implementation of SMCRA as described Authority: 30 U.S.C. 1201 et seq., as herein, and is not intended to modify of Management and Budget, that are amended. the implementation of any other Federal determined to be in accordance with the statute. The preceding discussion of the purposes of the Executive Order? 2. Section 701.5 is amended by action specifies the Federal regulatory adding alphabetically definitions of The Attorney General and the Director ‘‘drinking, domestic or residential water provisions that are affected by the of the Office of Management and Budget revision. supply,’’ ‘‘material damage,’’ ‘‘non- have not issued any guidance on this commercial building,’’ ‘‘occupied C. Would the regulation provide a requirement. clear and certain legal standard for residential dwelling and structures affected conduct rather than a general Agency Concurrence related thereto,’’ and ‘‘replacement of water supply’’ to read as follows: standard, while promoting Section 516(a) of the Act requires that, simplification and burden reduction? with regard to rules directed toward the § 701.5 Definitions. The standards established by this rule surface effects of underground mining, are as clear and certain as practicable, * * * * * OSM must obtain written concurrence Drinking, domestic or residential given the complexity of the topics from the head of the department which water supply means water received from covered and the mandates of SMCRA. D. What would be the retroactive administers the Federal Mine Safety and a well or spring and any appurtenant effect, if any, to be given to the Health Act of 1977, the successor to the delivery system that provides water for regulation? Federal Coal Mine Health and Safety direct human consumption or The Energy Policy Act amended Act of 1969. OSM has obtained the household use. Wells and springs that SMCRA by adding a new section 720, 30 written concurrence of the Assistant serve only agricultural, commercial or U.S.C. 1309a, requiring that Secretary for Mine Safety and Health, industrial enterprises are not included underground coal mine operations U.S. Department of Labor. except to the extent the water supply is for direct human consumption or promptly replace certain adversely Author affected water supplies and repair or human sanitation, or domestic use. compensate for subsidence damage to The principal author of this regulation * * * * * specified structures. The requirements is Nancy R. Broderick, Branch of Material damage, in the context of are effective October 24, 1992, and Federal and Indian Programs, Office of §§ 784.20 and 817.121 of this chapter, apply to underground coal mining Surface Mining Reclamation and means: operations after that date. Section 720 Enforcement, 1951 Constitution (a) Any functional impairment of also required OSM to adopt Avenue, N.W., Washington, D.C. 20240; surface lands, features, structures or implementing regulations thereafter. telephone (202) 208–2564. facilities; (b) Any physical change that has a This rulemaking includes provisions to List of Subjects implement those requirements. Thus, significant adverse impact on the those provisions do not create any new 30 CFR Part 701 affected land’s capability to support any retroactive requirements to replace, current or reasonably foreseeable uses or Law enforcement, Surface mining, causes significant loss in production or repair, or compensate; but rather Underground mining. implement the effective date established income; or (c) Any significant change in the for these requirements by the Energy 30 CFR Part 784 condition, appearance or utility of any Policy Act. Implementing provisions structure or facility from its pre- were previously discussed in the Reporting and recordkeeping subsidence condition. preamble. requirements, Underground mining. E. Are administrative proceedings 30 CFR Part 817 * * * * * required before parties may file suit in Non-commercial building means any court? Which proceedings apply? Is the Environmental protection, Reporting building, other than an occupied exhaustion of administrative remedies and recordkeeping requirements, residential dwelling, that, at the time required? Underground mining. the subsidence occurs, is used on a regular or temporary basis as a public No administrative proceedings would 30 CFR Part 843 be required before parties may file suit building or community or institutional in court challenging the provisions of Administrative practice and building as those terms are defined in the revision under section 526(a) of procedure, Direct federal enforcement § 761.5 of this chapter. Any building SMCRA, 30 U.S.C. 1276(a). Prior to any for repair of subsidence damage, Law used only for commercial agricultural, judicial challenge to the application of enforcement, Reporting and industrial, retail or other commercial the rule, however, administrative recordkeeping requirements, Surface enterprises is excluded. procedures must be exhausted. mining, Underground mining. * * * * * 16748 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations Occupied residential dwelling and SUBCHAPTER GÐSURFACE COAL MINING of structures and renewable resource structures related thereto means, for AND RECLAMATION OPERATIONS lands that subsidence may materially purposes of §§ 784.20 and 817.121, any PERMITS AND COAL EXPLORATION damage or for which the value or SYSTEMS UNDER REGULATORY reasonably foreseeable use may be building or other structure that, at the PROGRAMS time the subsidence occurs, is used diminished by subsidence, and showing either temporarily, occasionally, PART 784ÐUNDERGROUND MINING the location and type of drinking, seasonally, or permanently for human PERMIT APPLICATIONSÐMINIMUM domestic, and residential water supplies habitation. This term also includes any REQUIREMENTS FOR RECLAMATION that could be contaminated, diminished, building, structure or facility installed AND OPERATION PLAN or interrupted by subsidence. (2) A narrative indicating whether on, above or below, or a combination 3. The authority citation for Part 784 subsidence, if it occurred, could cause thereof, the land surface if that building, is revised to read as follows: material damage to or diminish the structure or facility is adjunct to or used value or reasonably foreseeable use of in connection with an occupied Authority: 16 U.S.C. 470 et seq., 30 U.S.C. 1201 et seq. as amended. such structures or renewable resource residential dwelling. Examples of such lands or could contaminate, diminish, structures include, but are not limited 4. Section 784.10 is revised as or interrupt drinking, domestic, or to, garages; storage sheds and barns; follows: residential water supplies. greenhouses and related buildings; § 784.10 Information collection. (3) A survey of the condition of all utilities and cables; fences and other non-commercial buildings or occupied (a) The collections of information enclosures; retaining walls; paved or residential dwellings and structures contained in Part 784 have been improved patios, walks and driveways; related thereto, that may be materially approved by Office of Management and septic sewage treatment facilities; and damaged or for which the reasonably Budget under 44 U.S.C. 3501 et seq. and lot drainage and lawn and garden foreseeable use may be diminished by assigned clearance number 1029–0039. subsidence, within the area irrigation systems. Any structure used The information will be used to meet only for commercial agricultural, encompassed by the applicable angle of the requirements of 30 U.S.C. 1211(b), draw; as well as a survey of the quantity industrial, retail or other commercial 1251, 1257, 1258, 1266, and 1309a. The purposes is excluded. and quality of all drinking, domestic, obligation to respond is required to and residential water supplies within * * * * * obtain a benefit. the permit area and adjacent area that Replacement of water supply means, (b) Public reporting burden for this could be contaminated, diminished, or with respect to protected water supplies information is estimated to average 513 interrupted by subsidence. If the contaminated, diminished, or hours per response, including the time applicant cannot make this survey for reviewing instructions, searching interrupted by coal mining operations, because the owner will not allow access existing data sources, gathering and provision of water supply on both a to the site, the applicant will notify the maintaining the data needed, and temporary and permanent basis owner, in writing, of the effect that completing and reviewing the collection equivalent to premining quantity and denial of access will have as described of information. in § 817.121(c)(4) of this chapter. The quality. Replacement includes provision 5. In Section 784.14 paragraph of an equivalent water delivery system applicant must pay for any technical (e)(3)(ii) is amended by removing the assessment or engineering evaluation and payment of operation and word ‘‘and’’; (e)(3)(iii)(E) is amended by used to determine the pre-mining maintenance costs in excess of removing the period and adding a condition or value of such non- customary and reasonable delivery costs semicolon in its place; and paragraph commercial buildings or occupied for premining water supplies. (e)(3)(iv) is added as follows: residential dwellings and structures (a) Upon agreement by the permittee § 784.14 Hydrologic information. related thereto and the quantity and and the water supply owner, the quality of drinking, domestic, or obligation to pay such operation and * * * * * residential water supplies. The (e) * * * maintenance costs may be satisfied by a applicant must provide copies of the one-time payment in an amount which * * * * * survey and any technical assessment or covers the present worth of the (3) * * * engineering evaluation to the property increased annual operation and (iv) Whether the underground mining owner and regulatory authority. activities conducted after October 24, maintenance costs for a period agreed to (b) Subsidence control plan. If the 1992 may result in contamination, by the permittee and the water supply survey conducted under paragraph (a) of diminution or interruption of a well or this section shows that no structures, or owner. spring in existence at the time the drinking, domestic, or residential water (b) If the affected water supply was permit application is submitted and supplies, or renewable resource lands not needed for the land use in existence used for domestic, drinking, or exist, or that no material damage or at the time of loss, contamination, or residential purposes within the permit diminution in value or reasonably diminution, and if the supply is not or adjacent areas. foreseeable use of such structures or needed to achieve the postmining land * * * * * lands, and no contamination, use, replacement requirements may be 6. Section 784.20 is revised to read as diminution, or interruption of such satisfied by demonstrating that a follows: water supplies would occur as a result suitable alternative water source is of mine subsidence, and if the available and could feasibly be § 784.20 Subsidence control plan. regulatory authority agrees with this developed. If the latter approach is (a) Pre-subsidence survey. Each conclusion, no further information need selected, written concurrence must be application must include: be provided under this section. If the obtained from the water supply owner. (1) A map of the permit and adjacent survey shows that structures, renewable areas at a scale of 1:12,000, or larger if resource lands, or water supplies exist * * * * * determined necessary by the regulatory and that subsidence could cause authority, showing the location and type material damage or diminution in value Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16749 or reasonably foreseeable use, or facility that minimization measures not activities conducted after October 24, contamination, diminution, or be taken; or, unless the anticipated 1992, if the affected well or spring was interruption of protected water supplies, damage would constitute a threat to in existence before the date the or if the regulatory authority determines health or safety, a demonstration that regulatory authority received the permit that damage, diminution in value or the costs of minimizing damage exceed application for the activities causing the foreseeable use, or contamination, the anticipated costs of repair; loss, contamination or interruption. The diminution, or interruption could occur, (8) A description of the measures to baseline hydrologic information the application must include a be taken in accordance with §§ 817.41(j) required in §§ 780.21 and 784.14 of this subsidence control plan that contains and 817.121(c) of this chapter to replace chapter and the geologic information the following information: adversely affected protected water concerning baseline hydrologic (1) A description of the method of supplies or to mitigate or remedy any conditions required in §§ 780.21 and coal removal, such as longwall mining, subsidence-related material damage to 784.22 of this chapter will be used to room-and-pillar removal or hydraulic the land and protected structures; and determine the impact of mining mining, including the size, sequence (9) Other information specified by the activities upon the water supply. and timing of the development of regulatory authority as necessary to 10. In § 817.121, paragraphs (a) and underground workings; demonstrate that the operation will be (c) are revised to read as follows: (2) A map of the underground conducted in accordance with § 817.121 workings that describes the location and of this chapter. § 817.121 Subsidence control. extent of the areas in which planned- (a) Measures to prevent or minimize SUBCHAPTER KÐPERMANENT PROGRAM damage. (1) The permittee must either subsidence mining methods will be PERFORMANCE STANDARDS used and that identifies all areas where adopt measures consistent with known the measures described in paragraphs PART 817ÐPERMANENT PROGRAM technology that prevent subsidence (b)(4), (b)(5), and (b)(7) of this section PERFORMANCE STANDARDSÐ from causing material damage to the will be taken to prevent or minimize UNDERGROUND MINING ACTIVITIES extent technologically and economically subsidence and subsidence-related feasible, maximize mine stability, and damage; and, when applicable, to 7. The authority citation for Part 817 maintain the value and reasonably correct subsidence-related material is revised to read as follows: foreseeable use of surface lands or adopt damage; Authority: 30 U.S.C. 1201 et seq., as mining technology that provides for (3) A description of the physical amended. planned subsidence in a predictable and conditions, such as depth of cover, seam 8. Section 817.10 is revised as controlled manner. thickness and lithology of overlaying follows: (2) If a permittee employs mining strata, that affect the likelihood or extent technology that provides for planned of subsidence and subsidence-related § 817.10 Information collection. subsidence in a predictable and damage; (a) The collections of information controlled manner, the permittee must (4) A description of the monitoring, if contained in Part 817 have been take necessary and prudent measures, any, needed to determine the approved by Office of Management and consistent with the mining method commencement and degree of Budget under 44 U.S.C. 3501 et seq. and employed, to minimize material damage subsidence so that, when appropriate, assigned clearance number 1029–0048. to the extent technologically and other measures can be taken to prevent, The information will be used to meet economically feasible to non- reduce or correct material damage in the requirements of 30 U.S.C. 1211, commercial buildings and occupied accordance with § 817.121(c) of this 1251, 1266, and 1309a which provide, residential dwellings and structures chapter; among other things, that permittees related thereto except that measures (5) Except for those areas where conducting underground coal mining required to minimize material damage planned subsidence is projected to be operations will meet the applicable to such structures are not required if: used, a detailed description of the performance standards of the Act. This (i) The permittee has the written subsidence control measures that will information will be used by the consent of their owners or be taken to prevent or minimize regulatory authority in monitoring and (ii) Unless the anticipated damage subsidence and subsidence-related inspecting underground mining would constitute a threat to health or damage, such as, but not limited to: activities. The obligation to respond is safety, the costs of such measures (i) Backstowing or backfilling of required to obtain a benefit. exceed the anticipated costs of repair. voids; (b) Public reporting burden for this (3) Nothing in this part prohibits the (ii) Leaving support pillars of coal; information is estimated to average 4 standard method of room-and-pillar (iii) Leaving areas in which no coal is hours per response, including the time mining. removed, including a description of the for reviewing instructions, searching * * * * * overlying area to be protected by leaving existing data sources, gathering and (c) Repair of damage. coal in place; and maintaining the data needed, and (1) Repair of damage to surface lands. (iv) Taking measures on the surface to completing and reviewing the collection The permittee must correct any material prevent or minimize material damage or of information. damage resulting from subsidence diminution in value of the surface; 9. In § 817.41, paragraph (j) is added caused to surface lands, to the extent (6) A description of the anticipated to read as follows: technologically and economically effects of planned subsidence, if any; feasible, by restoring the land to a (7) For those areas where planned § 817.41 Hydrologic balance protection. condition capable of maintaining the subsidence is projected to be used, a * * * * * value and reasonably foreseeable uses description of methods to be employed (j) Drinking, domestic or residential that it was capable of supporting before to minimize damage from planned water supply. The permittee must subsidence damage. subsidence to non-commercial buildings promptly replace any drinking, (2) Repair or compensation for and occupied residential dwellings and domestic or residential water supply damage to non-commercial buildings structures related thereto; or the written that is contaminated, diminished or and dwellings and related structures. consent of the owner of the structure or interrupted by underground mining The permittee must promptly repair, or 16750 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations compensate the owner for, material established in the regulatory program. frame, but not to exceed one year, if the damage resulting from subsidence The regulatory authority may approve permittee demonstrates and the caused to any non-commercial building application of the presumption to a site- regulatory authority finds in writing that or occupied residential dwelling or specific angle of draw different than that subsidence is not complete, that not all structure related thereto that existed at contained in the State or Federal probable subsidence-related material the time of mining. If repair option is program based on a site-specific damage has occurred to lands or selected, the permittee must fully analysis submitted by an applicant. To protected structures, or that not all rehabilitate, restore or replace the establish a site-specific angle of draw, reasonably anticipated changes have damaged structure. If compensation is an applicant must demonstrate and the occurred affecting the protected water selected, the permittee must compensate regulatory authority must determine in supply, and that therefore it would be the owner of the damaged structure for writing that the proposed angle of draw unreasonable to complete within 90 the full amount of the decrease in value has a more reasonable basis than the days the repair of the subsidence-related resulting from the subsidence-related standard set forth in the State or Federal material damage to lands or protected damage. The permittee may provide program, based on a site-specific structures, or the replacement of compensation by the purchase, before geotechnical analysis of the potential protected water supply. mining, of a non-cancelable premium- surface impacts of the mining operation. * * * * * prepaid insurance policy. The (iii) No presumption where access for requirements of this paragraph apply pre-subsidence survey is denied. If the PART 843ÐFEDERAL ENFORCEMENT only to subsidence-related damage permittee was denied access to the land caused by underground mining or property for the purpose of 11. The authority citation for Part 843 activities conducted after October 24, conducting the pre-subsidence survey in is revised to read as follows: 1992. accordance with § 784.20(a) of this Authority: 30 U.S.C. 1201 et seq., as (3) Repair or compensation for chapter, no rebuttable presumption will amended: damage to other structures. The exist. 12. Section 843.25 is added to read as permittee must, to the extent required (iv) Rebuttal of presumption. The follows: under applicable provisions of State presumption will be rebutted if, for law, either correct material damage example, the evidence establishes that: § 843.25 Energy Policy Act enforcement in resulting from subsidence caused to any The damage predated the mining in States with approved State programs. structures or facilities not protected by question; the damage was proximately (a) State-by-State determinations. By paragraph (c)(2) of this section by caused by some other factor or factors July 31, 1995, OSM will determine for repairing the damage or compensate the and was not proximately caused by each State with an approved State owner of the structures or facilities for subsidence; or the damage occurred regulatory program whether: the full amount of the decrease in value outside the surface area within which (1) Direct Federal enforcement of the resulting from the subsidence. Repair of subsidence was actually caused by the Energy Policy Act and implementing damage includes rehabilitation, mining in question. Federal regulations will occur under restoration, or replacement of damaged (v) Information to be considered in paragraph (b) of this section with structures or facilities. Compensation determination of causation. In any respect to some or all surface coal may be accomplished by the purchase determination whether damage to mining operations in each State, or before mining of a non-cancelable protected structures was caused by (2) The procedures of §§ 843.11 and premium-prepaid insurance policy. subsidence from underground mining, 843.12(a)(2) will apply to State (4) Rebuttable presumption of all relevant and reasonably available enforcement of the Energy Policy Act, or causation by subsidence.—(i) Rebuttable information will be considered by the (3) A combination of direct Federal presumption of causation for damage regulatory authority. enforcement and State enforcement will within angle of draw. If damage to any (5) Adjustment of bond amount for occur. non-commercial building or occupied subsidence damage. When subsidence- (4) Before making this determination, residential dwelling or structure related related material damage to land, OSM will consult with each affected thereto occurs as a result of earth structures or facilities protected under State and provide an opportunity for movement within an area determined by paragraphs (c)(1) through (c)(3) of this public comment. OSM will publish its projecting a specified angle of draw section occurs, or when contamination, determination in the Federal Register. from the outermost boundary of any diminution, or interruption to a water (b) Interim Federal enforcement. (1) If underground mine workings to the supply protected under § 817.41 (j) OSM determines under paragraph (a) surface of the land, a rebuttable occurs, the regulatory authority must that direct Federal enforcement is presumption exists that the permittee require the permittee to obtain necessary, §§ 817.41(j), 817.121(c)(2), caused the damage. The presumption additional performance bond in the and 817.121(c)(4) of this chapter will will normally apply to a 30-degree angle amount of the estimated cost of the apply to each underground mining of draw. A State regulatory authority repairs if the permittee will be repairing, operation subject to that determination may amend its program to apply the or in the amount of the decrease in that is conducted in a State with an presumption to a different angle of draw value if the permittee will be approved State regulatory program. if the regulatory authority shows in compensating the owner, or in the (2) If OSM determines under writing that the angle has a more amount of the estimated cost to replace paragraph (a) of this section that direct reasonable basis than the 30-degree the protected water supply if the Federal enforcement is necessary, the angle of draw, based on geotechnical permittee will be replacing the water provisions of § 843.12(a)(2) will not analysis of the factors affecting potential supply, until the repair, compensation, apply to direct Federal enforcement surface impacts of underground coal or replacement is completed. If repair, actions under this paragraph (b). When, mining operations in the State. compensation, or replacement is on the basis of any Federal inspection (ii) Approval of site-specific angle of completed within 90 days of the under this paragraph, an authorized draw. A permittee or permit applicant occurrence of damage, no additional representative determines that a may request that the presumption apply bond is required. The regulatory violation of § 817.41(j) or § 817.121(c)(2) to an angle of draw different from that authority may extend the 90-day time exists, the authorized representative Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16751 must issue a notice of violation or cessation order, as appropriate. (3) This paragraph (b) will remain effective in a State with an approved State regulatory program until the State adopts, and OSM approves, under Part 732 of this chapter, provisions consistent with §§ 817.41(j) and 817.121(c)(2) of this chapter. After these provisions are approved, this paragraph will remain effective only for violations of §§ 817.41(j) and 817.121(c)(2) that are not regulated by the State regulatory authority. [FR Doc. 95–7954 Filed 3–30–95; 8:45 am] BILLING CODE 4310±05±P federal register March 31,1995 Friday to Pay;FinalRule Provision ofServicestoPersonsUnable Modernization; Requirementsfor Medical FacilityConstructionand 42 CFRPart124 Public HealthService Services Health andHuman Department of Part V 16753 16754 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations DEPARTMENT OF HEALTH AND Regulatory Background a facility’s uncompensated services HUMAN SERVICES quota. Health care facilities covered by the On December 3, 1987, the Secretary Public Health Service program received construction revised the 1979 regulations at 52 FR assistance under two titles of the Public 46022. As pertinent here, the 1987 42 CFR Part 124 Health Service Act, Title VI (the ‘‘Hill- regulations effected a technical revision Burton Act’’, 42 U.S.C. 291, et seq.) and of the 1979 regulations, making explicit RIN: 0905±AE33 Title XVI (42 U.S.C. 300q, et seq.). what had formerly been implicit in Under both titles, facilities receiving those regulations; i.e., that coverage of Medical Facility Construction and such construction assistance have been an indigent under a third-party Modernization; Requirements for required, as a condition of receiving the insurance or governmental program Provision of Services to Persons construction assistance, to provide an precludes eligibility for uncompensated Unable to Pay assurance that ‘‘there will be available services. 42 CFR 124.505(a)(1) (1988). in the facility or portion thereof to be This policy simply reflects the long- AGENCY: Public Health Service, DHHS. constructed or modernized a reasonable standing agency view of the ACTION: Final rule. volume of services to persons unable to uncompensated services program as a pay therefor * * *.’’ 42 U.S.C. 291c(e). program of last resort, designed to serve SUMMARY: This document revises the See also 42 U.S.C. 300s–1(b)(1)(K)(ii). persons who have no source of rules currently governing how certain This assurance is known as the payment, such as Medicaid or private health care facilities, assisted under ‘‘uncompensated services assurance.’’ insurance, for medical care. Titles VI and XVI of the Public Health This policy has created major Regulations governing compliance compliance problems for many Hill- Service Act, fulfill the assurance, given with the uncompensated services in their applications for assistance, that Burton-obligated nursing homes. HHS assurance were first issued in 1947, and determined that, of the 287 nursing they would provide a reasonable have been revised several times. On volume of services to persons unable to homes with outstanding uncompensated May 18, 1979, comprehensive services obligations under the general pay. Public comment on the current regulations governing compliance with rules and operational experience with compliance standards of the regulations, the assurance were issued at 44 FR 243 have deficits; the majority of these them indicated the need to revise the 29372. Among other things, the 1979 current requirements with respect to have received no uncompensated regulations: established a minimum services credit. These deficits persist nursing homes, many of which are level of uncompensated services unable under current requirements to despite many attempts by HHS to facilities were required to provide; set provide technical assistance to nursing meet their obligation to provide such an annual compliance level of services. The rules below should permit homes to bring them into compliance. uncompensated services to be provided The fundamental problem is that, in qualified facilities to satisfy their and required facilities to make up any uncompensated services assurance. most of these nursing homes, the only deficit in meeting the annual individuals who meet the income- DATES: These rules are effective on May compliance level through provision of eligibility requirements for receipt of 1, 1995. more uncompensated services in later uncompensated services are also Applicability For facilities certified years; required facilities to allocate their covered by their state’s Medicaid under 42 CFR 124.516(b)(1), these rules uncompensated services either under a program; hence, they are by definition are applicable on the later of May 1, plan meeting certain requirements or on ineligible for uncompensated services 1995 or the beginning of the facility’s a first-request, first-served basis; under § 124.505(a)(1). Thus, in states in next fiscal year. For all other facilities, required facilities to notify the public of which the Medicaid eligibility limits these rules are applicable on May 1, the existence of their uncompensated exceed the Hill-Burton eligibility limits 1995. services programs through public notice and which cover most or all medical and provision of personal notice to FOR FURTHER INFORMATION CONTACT: Mr. services, nursing homes are chronically individuals served by the facilities; and Eulas Dortch, 301–443–5656. unable to fulfill their uncompensated required facilities to keep records services obligations. SUPPLEMENTARY INFORMATION: On April documenting compliance and to 4, 1994, the Secretary of Health and periodically report concerning Proposed Rules Human Services proposed amending the compliance. The 1979 regulations also HHS established a task force to rules governing what is popularly for the first time established national analyze nursing home compliance known as the Hill-Burton eligibility criteria, based on income: issues and develop strategies for dealing uncompensated services program. 59 FR Individuals whose annual income was with compliance problems. Based on 15693. As explained more fully below, at or below the poverty level (known as the task force findings and its own the Notice of Proposed Rulemaking ‘‘Category A individuals’’) were survey of regional offices of the Health (NPRM) proposed to expand the income automatically eligible for Care Financing Administration, which eligibility limits applicable to patients uncompensated services; individuals administers the Medicaid program, HHS served by obligated nursing homes, to whose annual income was at or below proposed to triple the income eligibility help such facilities meet their existing two times the poverty level (known as limit for individuals in nursing homes, uncompensated services obligations. ‘‘Category B individuals’’) were also to create a broader pool of eligible The Public Health Service strongly eligible for uncompensated services, individuals for such facilities. The encourages all grant recipients to unless the facility decided to limit its NPRM accordingly proposed to provide a smoke-free workplace and services to Category A individuals only. establish a third income eligibility level promote the non-use of all tobacco However, the 1979 regulations also (Category C) for nursing home services products. This is consistent with the provided that amounts to which an only. See, proposed § 124.505(a)(2)(iii). PHS mission to protect and advance the individual was entitled under a third- A Category C individual would be an physical and mental health of the party insurance or governmental individual whose annual income is American people. program could not be credited towards greater than two times, but does not Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16755 exceed three times, the poverty level. incidence of intractable deficits. For the 3. A couple of facilities objected to the The regulations already define which same reasons, it is not prepared to craft proposed rules on the grounds that facilities are ‘‘nursing homes’’ within a compliance alternative for majority- expanding the income eligibility limits the scope of the regulation. See, Medicaid facilities along the lines would create a larger pool of eligibles § 124.502(h). In addition, the NPRM suggested. These facilities, by virtue of and thus be devastating to facilities that proposed certain technical and their high volume Medicaid levels, have are already in financial straits. One conforming amendments to other an inherently smaller compliance level facility asked in particular that it be sections of the regulations. The under the 3 percent compliance option. allowed to write off necessary building principal one was the proposed change However, the Department intends to maintenance and improvement to § 124.506(a)(1)(v), to provide that if a continue to study this issue. expenses as uncompensated services, as nursing home provides services on a With respect to the Ohio situation, it it is unable to afford to serve more reduced charge basis to both Category B is likely that such facilities will qualify persons below cost than it already does. and Category C individuals, it may not under the recently published charitable These facilities appear to employ a discount method that gives facility alternative. See, 59 FR 44634 misapprehend the requirements of the Category C individuals greater discounts (Aug. 30, 1994). Such facilities may be current uncompensated services than those given to Category B able to satisfy their obligations and regulations. Under the current individuals. make up their deficits under that regulations, facilities that are financially alternative, as long as they collect no unable to meet their uncompensated Public Comment and Department’s monies (other than those required to be services obligation may apply to have it Response collected under governmental programs) deferred until they are financially able The Department received seven from Hill-Burton eligible patients. to make it up. See 42 CFR comments on the NPRM, two from 2. One provider association, while 124.503(b)(1)(i) and 124.511(c). nursing home associations and five from supportive of the proposed rules, However, except to the extent building representatives of individual nursing suggested that the Department adopt maintenance and improvement homes. While most of the commentors additional compliance alternatives for expenses are factored into a facility’s applauded the proposed revisions as a facilities in states which have medically indirect cost rate that forms part of the step in the right direction, they made a needy programs and which, basis for its charges for services, such number of suggestions for other policies accordingly, are likely to be unable to expenses are not creditable as that would, in their view, better address benefit from the proposed increase in ‘‘uncompensated services,’’ because the chronic deficit problem faced by so the income eligibility level. The they are not ‘‘services’’ within the many nursing homes. These comments association suggested that (1) services meaning of the statute. and the Department’s responses thereto uncovered by Medicaid be identified 4. A couple of commenters stated that are set out below. and considered eligible for inclusion as the proposed increase in income 1. The most common criticism was uncompensated services, such as eligibility limits would be problemmatic that the proposed remedy fails to additional hours of nursing care, for other reasons: (1) Because such address what the commentors in general therapies, or other activities; (2) health- individuals would be covered under the see as the chief problem: The related services provided to eligible proposed Health Security Act; and (2) inadequacy of Medicaid non-residents on the nursing facility because the proposed limit exceeds the reimbursements. The commentors premises be counted as uncompensated costs of nursing home services in certain generally noted that their facilities run services; and (3) services provided by states. The Department, however, does large losses attributable to the nursing homes off-premises under not share the commenters’ concerns in differential between Medicaid Medicaid home and community-based this regard. Should health care reform reimbursement and actual costs, and waivers be counted as uncompensated become law, this program (like others) suggested that facilities be permitted to services. will have to be reviewed for consistency write off this differential as Generally, the Department agrees that with the operation of the reform statute uncompensated services. An Ohio health services provided by a Hill- enacted, but this is not an issue that can facility that advocated this approach Burton facility that are not covered by productively be addressed before noted that, in Ohio, all persons with Medicaid should count as enactment of such a statute. With incomes up to the cost of nursing home uncompensated services, and it has respect to the second comment, the services qualify for Medicaid, so that traditionally accepted them as such. Department thinks that the income limit there are no non-Medicaid eligible However, since Medicaid patients are will not be a problem in such states, as patients who would qualify for not liable for additional hours of care a facility cannot, in any event, receive uncompensated services. A variation of provided which exceed established credit for more than it charges. this approach was the suggestion that a Medicaid standards, such costs are not 5. No comments were received compliance alternative be created for considered to be uncompensated concerning the conforming and facilities with a Medicaid patient census services. With respect to the second technical amendments proposed. of at least 70%. proposal, there is no problem under the However, the recent adoption of the The Department does not agree that it present regulations with counting, charitable facility compliance should treat as uncompensated services toward a facility’s uncompensated alternative has necessitated a amounts in excess of ‘‘reasonable costs’’ services quota, health services provided conforming amendment to that section (the amount reimbursed by Medicaid). on-premises to eligible nonresidents of (see § 124.516 below). Otherwise, To do so would result in facility credit the facility. Thus, facilities may include however, no changes to the proposed for unreasonable charges and a such services in their allocation plans. technical and conforming amendments reduction in the amount of However, the association’s third have been made. uncompensated services to persons proposal is not one that the Department 6. Dates. Note that, with respect to unable to pay. Rather, it wishes to look can accept, since services which are facilities certified under the alternative at the effect of the rules below, together reimbursed by Medicaid are, by in the newly adopted § 124.516(b)(1), with the recently adopted charitable definition, ineligible for Hill-Burton this amendment is applicable on May 1, facility alternative, on reducing the credit. 1995 or the beginning of the facility’s 16756 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations next fiscal year, whichever is later. Dated: January 12, 1995. than twice but not greater than three Thus, it is the Department’s intention Philip R. Lee, times the poverty line issued by the that the three-year base in § 124.516 will Assistant Secretary for Health. Secretary pursuant to 42 U.S.C. 9902 operate prospectively only with respect Approved: March 24, 1995. that applies to the individual or family. to the amendment to the charging Donna E. Shalala, If persons in Category C are included in restriction of § 124.516(b)(1). For Secretary. the allocation plan, the facility shall example, a nursing home applying for provide uncompensated services to For reasons set out in the preamble, certification under § 124.516(b)(1) in these persons without charge, or in subpart F of 42 CFR part 124 is hereby 1996 would only have to demonstrate accordance with a schedule of charges amended to read as follows: that it had not charged persons with as specified in the allocation plan; and incomes up to three times the poverty Subpart FÐReasonable Volume of * * * * * level for that part of the three-year Uncompensated Services to Persons 4. Section 124.506 is amended by period in which the amendment below Unable to Pay revising paragraph (a)(1)(iii) through applied to it, not for the entire three- (a)(1)(v), the first sentence of paragraph year period. 1. The authority citation for 42 CFR (b)(2), and by adding paragraph It should be noted that the changes part 124, subpart F, continues to read as (a)(1)(vi), to read as follows: adopted below will not have the same follows: § 124.506 Allocation of services; plan automatic effect for other nursing Authority: 42 U.S.C. 216; 42 U.S.C. requirement. homes. Rather, unless a nursing home 300s(3). (a)(1) * * * has failed to adopt an allocation plan, it 2. The first two sentences of will generally not be required to provide (iii) State whether Category B or, in § 124.503(b)(4) are revised to read as the case of nursing homes only, uncompensated services to Category C follows: individuals unless it takes an Category C persons will be provided affirmative action to do so, through § 124.503 Compliance level. uncompensated services, and if so, whether the services will be available publication of a revised allocation plan (a) * * * without charge or at a reduced charge; covering Category C individuals. See, (b) * * * (iv) If services will be made available § 124.506(a)(1)(v) below. However, to (4) Affirmative action plan for to Category B persons at a reduced facilitate prompt coverage of such precluding future deficits. Except where charge, specify the method used for individuals, a facility need not wait a facility reports to the Secretary in reducing charges, and provide that the until the effective date of these accordance with § 124.509(a)(2)(iii) that method is applicable to all persons in amendments to publish a revised it was financially unable to provide allocation plan under § 124.506(c), but Category B; uncompensated services at the annual (v) With respect to nursing homes may do so any time after publication of compliance level, a facility that fails to these amendments, with the effective only, if services will be made available meet its annual compliance level in any to Category C persons at a reduced date of the revised allocation plan being fiscal year shall, in the following year, at least 60 days following publication. charge, specify the method used for develop and implement a plan of action reducing charges, provided that such Regulatory Flexibility Act and that can reasonably be expected to method may not result in greater Executive Order 12866 enable the facility to meet its annual reductions than those afforded to compliance level. Such actions may The rules below do not change the Category B persons, and provide that include special notice to the community this method is applicable to all persons existing procedural and reporting through newspaper, radio, and requirements for obligated facilities. The in Category C; and television, or expansion of service to (vi) Provide that the facility provides Department has determined that the Category B, or, with respect to nursing uncompensated services to all persons impact will not approach the annual homes, Category C, persons. *** eligible under the plan who request $100 million threshhold for major * * * * * uncompensated services. economic consequences as defined in 3. Section 124.505 is amended by (b)(1) * * * Executive Order 12866. Therefore, a revising paragraph (a)(2)(ii) and adding (2) If no plan was previously regulatory impact analysis is not (a)(2)(iii) to read as follows: published in accordance with paragraph required. (a)(2) of this section, the facility must § 124.505 Eligibility criteria. Consistent with the provisions of the provide uncompensated services Regulatory Flexibility Act (5 U.S.C. (a) * * * without charge to all applicants in 605(b)), the Secretary certifies that this (2) * * * Category A and Category B, and, with rule will not have a significant (ii) Category B—A person whose respect to nursing homes, Category C, economic impact on a substantial annual individual or family income, as who request service in the facility.* ** number of small entities. applicable, is greater than but not more * * * * * than twice the poverty line issued by Paperwork Reduction Act of 1980 5. Section 124.516 is amended by the Secretary pursuant to 42 U.S.C. 9902 revising paragraph (b)(1) to read as The rules below contain no that applies to the individual or family. follows: information collection or reporting If persons in Category B are included in requirements which are subject to the allocation plan, the facility shall § 124.516 Charitable facility compliance review by the Office of Management and provide uncompensated services to alternative. Budget (OMB) under the Paperwork these persons without charge, or in (a) * * * Reduction Act of 1980. accordance with a schedule of charges (b) * * * as specified in the allocation plan. (1)(i) For facilities that are nursing List of Subjects in 42 CFR Part 124 (iii) Category C—With respect only to homes: It received, for the three most Grant programs—health, Health persons seeking or receiving nursing recent fiscal years, no monies directly facilities, Loan programs—health, Low home services, a person whose annual from patients with incomes up to triple income persons. or family income, as applicable, is more the current poverty line issued by the Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16757 Secretary pursuant to 42 U.S.C. 9902, exclusive of amounts charged or received for purposes of claiming reimbursement under third party insurance or governmental programs, such as Medicaid or Medicare deductible or coinsurance amounts; (ii) For all other facilities. It received, for the three most recent fiscal years, no monies directly from patients with incomes up to double the current poverty line issued by the Secretary pursuant to 42 U.S.C. 9902, exclusive of amounts charged or received for purposes of claiming reimbursement under third party insurance or governmental programs, such as Medicaid or Medicare deductible or coinsurance amounts; or * * * * * [FR Doc. 95–7846 Filed 3–30–95; 8:45 am] BILLING CODE 4160±15±M federal register March 31,1995 Friday Program; Notice Dissemination andUtilization(D&U) Rehabilitation Research;Knowledge National InstituteonDisabilityand Education Department of Part VI 16759 16760 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices DEPARTMENT OF EDUCATION Federal Register. The final priority will community; models for both formal and be determined by responses to this informal support systems, and for National Institute on Disability and notice, available funds, and other integrating the two approaches; and Rehabilitation Research; Knowledge considerations of the Department. model strategies for systems change Dissemination and Utilization (D&U) Funding of particular projects depends within States. (Horner, 1994). Yet in Program on the final priority, the availability of nearly every State, policy and practice funds, and the quality of the do not reflect these advances in AGENCY: Department of Education. applications received. The publication knowledge and understanding, and do ACTION: Notice of proposed funding of this proposed priority does not not take advantage of the best practices priority for fiscal years 1995–1996 for preclude the Secretary from proposing models and implementation strategies the Knowledge Dissemination and additional priorities, nor does it limit that have evolved through research and Utilization Program. the Secretary to funding only this practice. priority, subject to meeting applicable As a result, innovative supports for SUMMARY: The Secretary proposes a rulemaking requirements. living in their own home or community funding priority for the Knowledge Note: This notice of proposed priority does are available to very few of those who Dissemination and Utilization (D&U) potentially could benefit from them. Program under the National Institute on not solicit applications. A notice inviting applications under this competition will be Many thousands of people with Disability and Rehabilitation Research published in the Federal Register concurrent developmental disabilities continue to (NIDRR) for fiscal years 1995–1996. The with or following publication of the notice of live in private and public institutions Secretary takes this action to ensure that final priority. and ‘‘mini-institutions’’ in the rehabilitation knowledge generated from Priority community. In many cases, projects and centers funded by NIDRR ‘‘deinstitutionalization has resulted in and others is utilized fully to improve Under 34 CFR 75.105(c)(3) the trans-institutionalization’’. (Taylor, the lives of individuals with disabilities Secretary proposes to give an absolute 1994) There are approximately 64,800 and their families. preference to applications that meet the persons with mental retardation and DATES: Comments must be received on following priority. The Secretary related conditions who are not receiving or before May 1, 1995. proposes to fund under this program any form of residential services and who only applications that meet this absolute ADDRESSES: All comments concerning are now on waiting lists for community priority: this proposed priority should be residential services (Lakin et al., 1993). addressed to Betty Jo Berland, U.S. Proposed Priority: Facilitating And, although 48 percent of all Department of Education, 600 Community Integration for Individuals individuals with mental retardation Independence Avenue SW, Switzer with Mental Retardation nationwide resided in large congregate care settings in 1992, there were 8 States Building, Room 3422, Washington, DC Background 20202–2601. that provided services to more than 60 NIDRR has supported Rehabilitation FOR FURTHER INFORMATION CONTACT: percent of consumers in family-scale Research and Training Centers in the David Esquith. Telephone: (202) 205– settings serving six or fewer individuals, area of mental retardation and 8801. Individuals who use a while conversely, 6 States served fewer developmental disabilities since 1965. telecommunications device for the deaf than 10 percent of their clients in such In addition, NIDRR has supported a small settings (Braddock, 1994). (TDD) may call the TDD number at (202) number of research projects targeted on Thus, there is a demand for 205–8133. this population in areas such as community integration assistance, SUPPLEMENTARY INFORMATION: This transition from school to work, public coupled with a tremendous variation in notice contains one proposed priority policy and expenditures for State ability to meet those demands. under the D&U program, in the area of developmental disabilities in the U.S., This variation in services indicates that community integration for individuals and successful transitions from nursing there is a critical need for information with mental retardation. homes into the community. As a result about innovative, state-of-the-art Authority for the D&U program of of such research and training efforts practices and for training and technical NIDRR is contained in sections 202 and over many years, a large body of assistance on how to improve policies 204(a) and 204(b)(6) of the knowledge now exists relative to and practices on community integration Rehabilitation Act of 1973, as amended enabling individuals with mental at the State and community levels. (29 U.S.C. 760–762). Under this program retardation to live in their communities. NIDRR received substantial public the Secretary makes awards to public The population of public institutions comment on its 1995 proposed and private agencies and organizations, for persons with mental retardation has priorities, contending that there is a including institutions of higher decreased from 195,000 in 1967 to national need for information on best education and Indian tribes or tribal 81,200 persons in 1991, (Lakin, 1993) as practices for community integration and organizations. a result of public policy decisions and a demand for training of service This proposed priority supports the vigorous efforts of public leadership providers and consumers to help National Education Goal that calls for groups to effect deinstitutionalization. communities overcome the challenges all Americans to possess the knowledge However, successful integration into of fully including all of their citizens and skills necessary to compete in a communities that includes residential, and their families, and to make global economy and exercise the rights employment, and full participation community integration a reality. State and responsibilities of citizenship. components is not easily achieved. and local policy makers, regulators, and Under the regulations for this program During the past eight years there have service agencies, as well as community (see 34 CFR 355.32), the Secretary may been major developments in the service providers require training and establish research priorities by reserving understanding of community integration technical assistance to enable them to funds to support particular research needs and strategies, including: Funding address the issues that will emerge as activities. models that allow for individualized States and localities move toward a The Secretary will announce the final options; systems for assessing support system of individualized supports. funding priority in a notice in the needs for an individual and in a States and communities require Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16761 information and training on policies and assistance to State and local agencies, upon the products of past NIDRR strategies that could assist them in community-based service providers, and projects and similar efforts funded by shifting from a provider-driven to a consumer-controlled advocacy other Federal agencies, to ensure that consumer-driven service delivery organizations to facilitate the adoption the best and most current information system. The quality of community of exemplary practices in community on needs and best practices is services delivered to persons with integration for individuals with mental incorporated into the information disabilities and their families will also retardation. dissemination, training, and technical depend on the ability of educational, In addition to activities proposed by assistance of this center. employment and residential service the applicant to carry out these agencies to effectively address the purposes, the center must conduct the Invitation To Comment training needs of their approximately following activities. Interested persons are invited to 250,000 direct service personnel • Design and implement a national submit comments and recommendations (Wallace, T. & Johnson, D., 1992 and information resource on community regarding this proposed priority. Braddock, 1994). integration to serve policymakers and The Secretary believes that there is a administrators, community-based All comments submitted in response critical need for dissemination of service providers, consumer-controlled to this proposed priority will be information on model programs, advocacy organizations, and individuals available for public inspection, during integrated statewide systems of service with mental retardation and their and after the comment period, in Room delivery, exemplary practices, and families, ensuring that information is 3424, Switzer Building, 330 C Street systems change strategies. In addition, available in accessible formats SW., Washington, DC between the hours there is a need to develop more effective appropriate to individuals with a range of 8:30 a.m. and 4:00 p.m., Monday mechanisms for training community- of sensory, cognitive, and other through Friday of each week except level service providers to ensure the disabilities; Federal holidays. implementation of best practices, and to • Prepare materials on important Applicable Program Regulations: 34 CFR provide training and technical topical issues, which might include, for parts 350 and 355. assistance to consumer-directed self- example: Strategies to address social advocacy organizations and parent and cultural barriers to full inclusion; Program Authority: 29 U.S.C. 760–762. organizations. strategies for cross-agency collaboration Dated: March 28, 1995. in the development of individualized Priority Judith E. Heumann, services or case management practices; Assistant Secretary for Special Education and Under this priority, the Secretary and reasonable accommodations to Rehabilitative Services. supports a dissemination and technical facilitate community inclusion, and use assistance center that—(1) identifies and them in information dissemination, (Catalog of Federal Domestic Assistance disseminates exemplary practices in training, and technical assistance Number 84.133D, Knowledge Dissemination community integration for individuals activities as appropriate; and and Utilization Program) with mental retardation; and (2) • Coordinate with existing NIDRR- [FR Doc. 95–7942 Filed 3–30–95; 8:45 am] provides training and technical funded projects and centers, and build BILLING CODE 4000±01±P federal register March 31,1995 Friday Indian Gaming;Notices Bureau ofIndianAffairs Interior Department ofthe Part VII 16763 16764 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Bureau of Indian Affairs Bureu of Indian Affairs Indian Gaming Indian Gaming Indian Gaming AGENCY: Bureau of Indian Affairs, AGENCY: Bureau of Indian Affairs, AGENCY: Bureau of Indian Affairs, Interior. Interior. Interior. ACTION: Notice of Approved First ACTION: Notice of Approved Third ACTION: Notice of Approved Tribal/State Amendment to Tribal/State Compact. Amendment to Tribal-State Compact. Compact. SUMMARY: Pursuant to 25 U.S.C. 2710, of SUMMARY: Pursuant to 25 U.S.C. 2710, of SUMMARY: the Indian Gaming Regulatory Act of the Indian Gaming Regulatory Act of Pursuant to 25 U.S.C. 2710, of 1988 (Pub. L. 100–497), the Secretary of 1988 (Pub. L. 100–497), the Secretary of the Indian Gaming Regulatory Act of the Interior shall publish, in the Federal the Interior shall publish, in the Federal 1988 (Pub. L. 100–497), the Secretary of Register, notice of approved Tribal/State Register, notice of approved Tribal-State the Interior shall publish, in the Federal Compacts for the purpose of engaging in Compacts for the purpose of engaging in Register, notice of approved Tribal/State Class III (casino) gaming on Indian Class III (casino) gaming on Indian Compacts for the purpose of engaging in reservations. The Assistant Secretary- reservations. The Assistant Secretary— Class III (casino) gambling on Indian Indian Affairs, Department of the Indian Affairs, Department of the reservations. The Assistant Secretary - Interior, through her delegated Interior, through her delegated Indian Affairs, Department of the authority, has approved the First authority, has approved the Third Interior, through her delegated Amendment to the Tribal/State Gaming Amendment to the Tribal/State Gaming authority, has approved the Tribal/State Compact Between the Swinomish Compact Between the Tulalip Tribes of Gaming Compact between the Indian Tribal Community and the State Washington and the State of Suquamish Tribe and the State of of Washington executed on January 26, Washington executed on January 26, Washington, which was executed on 1995. 1995. January 26, 1995. DATES: This action is effective March 31, DATES: This action is effective March 31, DATES: This action is effective March 31, 1995. 1995. 1995. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: George T. Skibine, Director, Indian George T. Skibine, Director, Indian George T. Skibine, Director, Indian Gaming Management Staff, Bureau of Gaming Management Staff, Bureau of Gaming Management Staff, Bureau of Indian Affairs, Washington, D.C. 20240, Indian Affairs, Washington, DC 20240, Indian Affairs, Washington, DC 20240, (202) 219–4068. (202) 219–4068. (202) 219–4068. Dated: March 17, 1995. Dated: March 17, 1995. Dated: March 17, 1995. Ada E. Deer, Ada E. Deer, Ada E. Deer, Assistant Secretary - Indian Affairs. Assistant Secretary, Indian Affairs. Assistant Secretary, Indian Affairs. [FR Doc. 95–7939 Filed 3–30–95; 8:45 am] [FR Doc. 95–7940 Filed 3–30–95; 8:45 am] [FR Doc. 95–7941 Filed 3–30–95; 8:45 am] BILLING CODE 4310±02±P BILLING CODE 4310±02±P BILLING CODE 4310±02±P i Reader Aids Federal Register Vol. 60, No. 62 Friday, March 31, 1995 INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING MARCH Federal Register At the end of each month, the Office of the Federal Register Index, finding aids & general information 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which Public inspection announcement line 523±5215 lists parts and sections affected by documents published since the Corrections to published documents 523±5237 revision date of each title. Document drafting information 523±3187 Machine readable documents 523±4534 3 CFR 235...... 15457 Proclamations: 300...... 14202 Code of Federal Regulations 6763 (Modified by 319...... 14202 Index, finding aids & general information 523±5227 Proc. 6780) ...... 15845 354...... 11897 Printing schedules 523±3419 6772...... 11609 372...... 13212 6773...... 12101 868...... 16364 Laws 6774...... 12657 906...... 13891 Public Laws Update Service (numbers, dates, etc.) 523±6641 6775...... 13887 916...... 14891 Additional information 523±5230 6776...... 13889 917...... 14891 6777...... 14351 948...... 16565 Presidential Documents 6778...... 15455 989...... 12403 1209...... 13613 Executive orders and proclamations 523±5230 6779...... 15843 1210...... 13515 Public Papers of the Presidents 523±5230 6780...... 15845 1220...... 15027 Weekly Compilation of Presidential Documents 523±5230 Executive Orders: November 24, 1916 1942...... 11019 The United States Government Manual (Revoked in part by Proposed Rules: 51...... 11918, 13926 General information 523±5230 PLO 7121)...... 12886 58 ...... 11919, 12154, 12156 Other Services 12903 (Superseded by EO 12955)...... 13365 201...... 15257 Data base and machine readable specifications 523±4534 12954...... 13023 301...... 16067 Guide to Record Retention Requirements 523±3187 12955...... 13365 319...... 13382, 16067 Legal staff 523±4534 12956...... 14199 360...... 15260 Privacy Act Compilation 523±3187 12957...... 14615 800...... 15075 Public Laws Update Service (PLUS) 523±6641 5327 (Revoked in part 810...... 15075 TDD for the hearing impaired 523±5229 by PLO 7128)...... 16384 927...... 14914 945...... 13080 Administrative Orders: 981...... 15522 ELECTRONIC BULLETIN BOARD Memorandums: 1036...... 15523 March 2, 1995 ...... 12393 Free Electronic Bulletin Board service for Public Law 1050...... 15262 numbers, Federal Register finding aids, and list of Presidential Determinations: 1099...... 12907, 16589 documents on public inspection. 202±275±0920 No. 95±15 of February 1220...... 15082 28, 1995 ...... 12859 1230...... 13384 FAX-ON-DEMAND No. 95±16 of March 1940...... 13650, 13928 You may access our Fax-On-Demand service. You only need a fax 13, 1995 ...... 15227 machine and there is no charge for the service except for long No. 95±17 of March 8 CFR distance telephone charges the user may incur. The list of 16, 1995 ...... 16035 103...... 16039 204...... 14353 documents on public inspection and the daily Federal Register’s 5 CFR table of contents are available using this service. The document 211...... 14353 numbers are 7050-Public Inspection list and 7051-Table of Ch. LXXVII...... 12396 217...... 15855 Contents list. The public inspection list will be updated 362...... 11017 235...... 14353, 16042 immediately for documents filed on an emergency basis. 532 ...... 12395, 12396, 16363 242...... 16042 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 582...... 13027 251...... 14353 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 731...... 13613 252...... 14353 public inspection may be viewed and copied in our office located 831...... 14201 274a...... 14353 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 842...... 14201 286...... 16039 telephone number is: 301±713±6905 843...... 13034 299...... 14353, 16039 890...... 16037 316...... 14353 1300...... 12396 FEDERAL REGISTER PAGES AND DATES, MARCH 334...... 14353 1650...... 13604 Proposed Rules: 1653...... 13604 100...... 15703 11017±11608...... 1 14351±14616...... 17 Proposed Rules: 242...... 16386 11609±11896...... 2 14617±14890...... 20 Ch. XIV ...... 11057 11897±12102...... 3 14891±15026...... 21 Ch. LX...... 15700 9 CFR 12103±12394...... 6 15027±15228...... 22 890...... 15074 2...... 13893 12395±12658...... 7 15229±15456...... 23 75...... 14617 12659±12858...... 8 15457±15648...... 24 7 CFR 77...... 11898 12859±13022...... 9 15649±15854...... 27 29 ...... 12398, 12399, 12400, 91...... 13896 13023±13366...... 10 15855±16034...... 28 13515 92 ...... 13896, 13898, 16043 13367±13612...... 13 16035±16362...... 29 51...... 11242 94...... 15856 13613±13888...... 14 16363±16564...... 30 56...... 12401, 13780 98...... 16043 13889±14200...... 15 16565±16766...... 31 58...... 11246 101...... 14353 14201±14350...... 16 68...... 16364 113 ...... 14353, 14355, 14357 ii Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Reader Aids 317...... 12883 25...... 11194 404...... 11022 Appendix B to Subtitle 381...... 12883 39 ...... 11020, 11611, 11613, 405...... 11022 B...... 16377 Proposed Rules: 11615, 11617, 11619, 11621, 450...... 11022 15...... 11901 1...... 12908, 15524 11623, 12406, 12407, 12408, Proposed Rules: 25...... 13834 3...... 12908, 15524 12410, 12411, 12413, 12414, 239...... 11890 44...... 15481 92...... 13929 12663, 12666, 13618, 13620, 270...... 11890 45...... 15481 101...... 14392 13621, 13623, 13624, 14619, 274...... 11890 58...... 13518 102...... 12159, 12162 14897, 15034, 15035, 15037, 91...... 16377 104...... 12159 15667, 15864, 16366 18 CFR 92...... 13348 105...... 12159 61...... 11254 11...... 15040 200...... 14632, 14816 112...... 14392 71 ...... 11625, 12108, 12667, 141...... 15868 201...... 13834, 13854 114...... 12162 13626, 13900, 14363, 15669, 375...... 15868 202...... 13834 116...... 12159 15867, 16367, 16566 381...... 15040 203...... 16032 160...... 13084 73...... 15229 385...... 15868, 16567 204...... 16571 161...... 13084 91...... 13627 215...... 14816 Proposed Rules: 235...... 14816 381...... 14668 95...... 13035 154...... 13651 97 ...... 12109, 12110, 14363, 236...... 14816 158...... 13651 243...... 11828 10 CFR 14365 201...... 13651 121...... 11194, 12034 246...... 16572 20...... 15649 250...... 13651 247...... 14816 50...... 13615 135...... 11194, 13010 284...... 13651 1241...... 11022 248...... 16377 55...... 13615 266...... 16572 61...... 15649 1260...... 16045 19 CFR 1262...... 12668 267...... 16571 73...... 13615 10...... 14630, 16046 290...... 11844 Proposed Rules: 430...... 15015 12...... 13352, 14486 570...... 15836, 16377 Ch. I ...... 15525 765...... 15015 101...... 14211 572...... 16377 23...... 14698 766...... 15015 123...... 16046 582...... 16377 27...... 15883 1003...... 15004 145...... 16046 583...... 16377 29...... 15883 Proposed Rules: 178...... 16046 594...... 16358 33...... 12360 2...... 15878 Proposed Rules: 595...... 16358 39 ...... 11635, 11637, 11942, 20...... 13385 122...... 15703 760...... 11828, 14632 11944, 11945, 12714, 14231, 50...... 14669 134...... 14705 812...... 14816 14233, 14235, 14237, 14395, 60...... 15180, 15190 210...... 16082, 16087 813...... 11626 170...... 14670, 16589 15084, 16388, 16390, 16392, 850...... 14816 171...... 14670, 16589 16395, 16396, 16398 20 CFR 880...... 14816 71 ...... 11057, 13931, 14238, 430...... 15330 881...... 14816 14240, 14397, 15723, 15884, 228...... 16368 490...... 15020 882...... 14816, 16377 15885, 15887 237...... 16368 416...... 14215, 16373 883...... 14816 12 CFR 119...... 16230 884...... 14816 121 ...... 13008, 13862, 16230 Proposed Rules: 205...... 15032 200...... 11639 886...... 11844, 14816 125...... 13862, 16230 887...... 14816 226...... 15463 127...... 16230 335...... 14241 325...... 15858 404...... 12166 888...... 12594 135...... 13862, 16230 889...... 11828, 16377 401...... 16045 150...... 14701 416...... 12166 402...... 16045 890 ...... 11836, 13515, 16377 406...... 16045 15 CFR 21 CFR 900...... 14816 904...... 14816 543...... 12103 5...... 15870, 16567 777...... 15669 905...... 11626, 14816 552...... 12103 173...... 11899 925...... 12592 908...... 11626 563...... 15861 179...... 12669 2012...... 15229 912...... 14816 571...... 12103 184...... 15871 Proposed Rules: 913...... 11626 708a...... 12759 328...... 13590 905...... 11947 960...... 14816 Proposed Rules: 450...... 11026, 16376 929...... 16399 3500...... 11194, 14635 4...... 15705 937...... 16399 510 ...... 11027, 14216, 16570 7...... 11924 520...... 14216, 14217 Proposed Rules: 944...... 14241, 16082 Chapter IX ...... 14707 10...... 15705 522...... 14217 100...... 13840, 14890 11...... 15705 16 CFR 558...... 11027, 11028 888...... 11870 18...... 15705 305...... 14209, 15198 886...... 15872 31...... 11924 1203...... 15231 1308...... 15956 25 CFR 225...... 15881 Proposed Rules: Proposed Rules: Proposed Rules: 303...... 16069 24...... 15724 101...... 14918 Ch. I ...... 14582 334...... 15882 231...... 15724 111...... 14918 359...... 16069 247...... 15724 170...... 14918 26 CFR 543...... 13008 305...... 15200 310...... 13014, 14918 1 ...... 11028, 11906, 12415, 552...... 13008 405...... 15725 314...... 13014 14636, 15874, 16381, 16573, 571...... 13008 1700...... 12165 16575, 16703 22 CFR 722...... 13388 18...... 16575 17 CFR 22...... 16046 13 CFR 25...... 16382 1...... 13901 41...... 15872 Proposed Rules: 101...... 15864 200...... 14622, 15673 1 ...... 11059, 11060, 11195, 23 CFR 121...... 15477 239...... 11876 11950, 12034, 13213, 13393 Proposed Rules: 240...... 14366 635...... 15478 31...... 15526 108...... 15525 270 ...... 11876, 11887, 14622 658...... 15212, 16571 120...... 11941 274...... 11876 1313...... 15479 27 CFR 122...... 11941 400...... 11022 9...... 16576 401...... 11022 24 CFR 14 CFR 402...... 11022, 12825 Appendix A to Subtitle 28 CFR 11...... 12034, 12108 403...... 11022 A...... 16377 0...... 11906, 15674 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Reader Aids iii 31...... 13330 157...... 13318 282...... 12630, 14334 44 CFR 40...... 13902 165 ...... 12112, 15049, 15053, 300 ...... 14641, 14645, 15247, 64...... 15071 345...... 15826 15736 15489, 16053 65...... 13049 545...... 15826 334...... 15232 372...... 13047 67...... 13050 Proposed Rules: 704...... 16298 29 CFR 152...... 11236 117 ...... 12178, 13393, 13395, 720...... 16298 354...... 15628 721 ...... 11033, 16298, 16311 500...... 15232 13653 Proposed Rules: 825...... 16382 162...... 15734 723...... 16316, 16336 61...... 13945 1910...... 11194, 13782 165 ...... 14242, 14243, 14245, 799...... 14910 65...... 14708 1915 ...... 11194, 13782, 14218 14246, 15101, 15102, 15736 Proposed Rules: 67...... 13096, 14710 1917...... 13782 320...... 13654 Ch. I...... 15264, 16088 206...... 13945 1918...... 13782 325...... 13654 22...... 15208 1926...... 11194 333...... 13654 50...... 13663 45 CFR 1952...... 12416, 12417 402...... 11643 51...... 12492 2543...... 13055 2509...... 12328 52 ...... 12180, 12184, 12185, Proposed Rules: 2619...... 13904 34 CFR 12519, 12520, 12721, 12722, 1180...... 12186 2676...... 13904 3...... 11907 13937, 14708, 14920, 15104, Proposed Rules: 75...... 12096, 12648 15269, 15270, 15271, 15527, 46 CFR 270...... 16354 280...... 14864 15891, 16591 2...... 13550 1910...... 15263 607...... 15446 53...... 13663 30...... 13318 1915...... 15263 58...... 12492 Proposed Rules: 32...... 13318 1926...... 15263, 15888 60...... 13937 Ch. VI...... 15737 70...... 13318 1952...... 12488 61...... 13938 90...... 13318 2627...... 16026 36 CFR 63 ...... 12723, 13088, 13664, 172...... 13318 7...... 13629 16090 30 CFR 68...... 13526 Proposed Rules: 13...... 16579 Ch. I ...... 16423 701...... 16722 70 ...... 12521, 13088, 13683, 1230...... 13908 4...... 15115, 16703 784...... 16722 14921, 15105 Proposed Rules: 5...... 15115, 16703 817...... 16722 81...... 12520 7...... 13662 10...... 13570 843...... 16722 82...... 14611 12...... 13570 914...... 13038 37 CFR 85...... 12185 67...... 12188 936...... 13040, 16047 1...... 14488 123...... 14588 943...... 15675 202...... 15874 148...... 11702 47 CFR 944...... 13367, 15680 180 ...... 13938, 13939, 13941, 1...... 13636, 16055 950...... 14368 38 CFR 15109, 15111, 15113, 16111 185...... 15113 2 ...... 13071, 15248, 15686 Proposed Rules: 3...... 12886, 14222 186...... 15113 5...... 13636 Ch. II...... 14707, 15888 15...... 13071, 16055 39 CFR 194...... 11060 Ch. VII...... 13858 22...... 15490 14...... 16589 261...... 12525 20...... 14370 266...... 11702 24...... 13915 18...... 16589 3001...... 12113, 12116 32...... 12137 75...... 16589 268...... 11702 Proposed Rules: 36...... 12137 254...... 13652 271...... 11702, 12525 20...... 14878 300 ...... 13944, 15273, 15737 61...... 13637 756...... 13086 111...... 12490 64...... 15495 773...... 13087 302...... 12525 761...... 13095 65...... 12137 904...... 14399 40 CFR 73 ...... 11909, 11910, 11911, 913...... 15726 9...... 12670, 15366 13918, 15255, 15496, 15688, 925...... 11640, 15728 42 CFR 52 ...... 12121, 12123, 12125, 16585, 16586 926...... 13932 124...... 16754 12438, 12442, 12446, 12451, 74...... 14224 935...... 14400, 14401 410...... 14223 12453, 12459, 12685, 12688, 76...... 14373 944...... 13935, 15729 485...... 11632 12691, 12695, 12700, 13042, 80...... 15686 486...... 11632 13631, 13634, 13908, 14899, 90...... 15248, 15490 31 CFR 1003...... 16580 15053, 15056, 15061, 15062, 97...... 15686 351...... 15430 Proposed Rules: 15233, 15235, 15241, 15483, Proposed Rules: 356...... 13906 65a...... 12525 15875 Ch. I...... 13102, 15527, 15739 500...... 12885 58...... 11907 43 CFR 1...... 13396, 15275 Proposed Rules: 61...... 13912 2 ...... 11644, 13687, 15116 1...... 15705, 15730 63 ...... 11029, 12670, 13045 2720...... 12710 15...... 15116 70 ...... 12128, 12478, 13046, Public Land Orders: 32 CFR 63...... 11644, 15118 15066 7100...... 12592 64...... 12529 199...... 12419 81 ...... 12453, 12459, 13368, 7117...... 11045 73 ...... 12530, 12724, 12725, 1636...... 13907 13634 7118...... 11046 13947, 15275 1690...... 15682 82...... 14608 7119...... 11633 Proposed Rules: 86...... 15242 7120...... 11633 48 CFR 199 ...... 12717, 14403, 14919 122...... 15366 7121...... 12886 Ch. 99 ...... 12711 209...... 11642 123...... 15366 7122...... 12887 2 ...... 12366, 12384, 13397 311...... 13936 131...... 15366 7123...... 12887 3...... 12366, 13397 855...... 15086 132...... 15366 7124...... 13915 4...... 12366, 12384 180 ...... 11029, 11032, 12702, 7125...... 15248 5 ...... 12366, 12384, 13397 33 CFR 12703, 12704, 12705, 12707, 7126...... 16383 6...... 12366, 13397 Ch. I ...... 16423 13914, 15069, 15486, 15488, 7127...... 16384 7...... 12384, 13397 100 ...... 11629, 15049, 15052 15683 7128...... 16384 8...... 12366, 12384 110...... 14220, 15052 185...... 16052 7129...... 16584 9 ...... 12366, 12384, 13397, 117...... 13629, 14221 186...... 15683, 16052 7130...... 16585 16718 143...... 13550 281 ...... 12630, 12709, 14334, Proposed Rules: 10...... 13397 155...... 13318 14371, 14372 3100...... 16424 11...... 13397 iv Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Reader Aids 12...... 12384, 13397 1652...... 16056 252...... 15276 50 CFR 13...... 12366, 13397 1801...... 16058 933...... 11646 17 ...... 12483, 12887, 15693 14...... 12384, 13397 1804...... 16058 970...... 11646 204...... 11050 15 ...... 12366, 12384, 13397, 1805...... 14378 9904...... 12725 16718 1806...... 16058 227...... 15512 16 ...... 12366, 12384, 13397 1808...... 16058 49 CFR 280...... 14381 22 ...... 12366, 13397, 14377 285...... 14381 1813...... 16058 1 ...... 11046, 13639, 14225, 23...... 12366, 13397 301...... 14651 1815...... 16058, 16063 15877 25...... 12366 1816...... 16058 611...... 13780 107...... 12139 27...... 12366 1819...... 15497 192...... 14379, 14646 625...... 14230 28...... 12366 1832...... 16058 195...... 14646 646...... 12592 29...... 12366 1836...... 16058 218...... 11047 651...... 13078 32...... 12366, 12384 1837...... 11634, 16063 654...... 13918 36...... 12366, 13397 382...... 13369 1840...... 16058 663...... 13377 41...... 12366 1841...... 16058 391...... 13369 672 ...... 11915, 12149, 12152, 42 ...... 12366, 13397, 16718 1842...... 16058 393...... 12146 13079, 14390, 14912, 15072, 43...... 12366 1845...... 16058 501...... 15503 44...... 12366, 13397 1851...... 16058 564...... 14226 15521, 16587 45...... 12366, 12384 1852 ...... 15497, 16058, 16063 571 ...... 11913, 13216, 13286, 673...... 11054, 12825 46...... 12366, 13397 1870...... 16058 13297, 13639, 15504, 15690 675 ...... 11915, 12149, 12487, 47...... 12366, 13397 2801...... 16065 575...... 11913 13780, 14390, 14912, 15521, 49...... 12366, 13397 9903...... 16534 582...... 15509 16587 52 ...... 12366, 12384, 13397, 9904...... 16534 583...... 14228 676 ...... 11916, 12152, 13780 14377 Proposed Rules: 653...... 12296 681...... 13380 53 ...... 12366, 12384, 13397 Ch. I ...... 11198 654...... 12296, 12298 Proposed Rules: 209...... 13073 1...... 14340, 15450 661...... 14174 14...... 15277 1312...... 13077 219...... 13074 6...... 14346 17 ...... 11768, 12531, 12728, 1314...... 13077 223...... 13075 7...... 14340 12730, 13105, 13397, 13950, 235...... 13076, 15689 12...... 15220 Proposed Rules: 14253, 14410, 15280, 15281 252...... 13073, 13075 16...... 14346 Ch. V ...... 14717, 15119 18...... 14408 192...... 14714 701...... 11911, 12825 17...... 14340 20...... 14194, 15642 703...... 11911, 12825 32...... 14156, 15450 195...... 14714 222...... 11951, 14410 715...... 11911, 12825 33...... 15450 234...... 11649 227...... 14253 724...... 11911 37...... 14340 393...... 13306 731...... 11911, 12825 45 ...... 12530, 15528, 15740 564...... 14247 640...... 15743 752...... 11911, 12825 49...... 14340 571 ...... 12192, 13688, 14247 649...... 14261, 15893 927...... 11812 52 ...... 12530, 14156, 14340, 575...... 15529 650...... 15893 952...... 11812 14346, 15220, 15450, 15528, 661...... 14178 651...... 15893 970...... 11812 15740 800...... 13948 663...... 11062 1517...... 12712 215...... 15528 830...... 13948 672...... 13106 1604...... 16056 245...... 15276 831...... 13948 675...... 13106