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Pages 46373±46528 Vol. 61 9±3±96 No. 171 federal register September 3,1996 Tuesday of thisissue. Washington, DC,seeannouncementontheinsidecover For informationonbriefingsinNewYork,NYand Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996

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Contents Federal Register Vol. 61, No. 171

Tuesday, September 3, 1996

Agency for International Development NOTICES NOTICES Agency information collection activities: Agency information collection activities: Submission for OMB review; comment request, 46435– Proposed collection; comment request, 46484 46436

Agriculture Department Committee for the Implementation of Textile Agreements See Federal Crop Insurance Corporation NOTICES See Foreign Agricultural Service Cotton, wool, and man-made textiles: See Forest Service Jamaica, 46503 See Grain Inspection, Packers and Stockyards Administration Defense Department See Rural Utilities Service See Air Force Department See Navy Department Air Force Department RULES Drug Enforcement Administration Industrial labor relations activities; CFR part removed, NOTICES 46379 Applications, hearings, determinations, etc.: Calbiochem-Novabiochem Corp., 46488 Alcohol, Tobacco and Firearms Bureau Radian International LLC, 46488–46489 PROPOSED RULES Research Triangle Institute, 46489 Alcohol; viticultural area designations: Redwood Valley, CA, 46403–46407 Education Department NOTICES NOTICES Agency information collection activities: Agency information collection activities: Proposed collection; comment request, 46506–46507 Proposed collection; comment request, 46446–46447 Senior Executive Service: Submission for OMB review; comment request, 46447 Performance Review Board; membership, 46507 Meetings: President’s Board of Advisors on Historically Black Antitrust Division Colleges and Universities, 46447–46448 NOTICES Competitive impact statements and proposed consent Energy Department judgments: See Energy Research Office Universal Shippers Association, Inc., 46484–46488 See Federal Energy Regulatory Commission National cooperative research notifications: NOTICES ATM Forum, 46488 Meetings: Environmental Management Site-Specific Advisory Architectural and Transportation Barriers Compliance Board— Board Fernald Site, 46449–46450 NOTICES Hanford Site, 46448 Meetings: Oak Ridge Reservation, 46449 Telecommunications Access Advisory Committee, 46434– Rocky Flats, 46448–46449 46435 Energy Research Office Arts and Humanities, National Foundation NOTICES See National Foundation on the Arts and the Humanities Meetings: High Energy Physics Advisory Panel, 46450 Census Bureau NOTICES Environmental Protection Agency Agency information collection activities: RULES Proposed collection; comment request, 46437 Hazardous waste: Identification and listing— Centers for Disease Control and Prevention Exclusions, 46380–46384 NOTICES PROPOSED RULES Meetings: Air pollution; standards of performance for new stationary Advisory Committee to Director, 46465 sources: Volatile organic compound (VOC) emissions— Commerce Department Architectural coatings; correction, 46410–46417 See Census Bureau Clean Air Act: See International Trade Administration Enhanced monitoring programs; compliance assurance See National Institute of Standards and Technology monitoring See National Oceanic and Atmospheric Administration Correction, 46418 IV Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Contents

Superfund program: East Tennessee Gas Transmission Co., 46451 National oil and hazardous substances contingency El Paso Natural Gas Co., 46451–46452 plan— Florida Gas Transmission Co., 46452, 46452 National priorities list update, 46418–46419 Kentucky West Virginia Gas Co., L.L.C., 46452–46453 NOTICES KN Interstate Gas Transmission Co., 46453 Clean Air Act: Koch Gateway Pipeline Co., 46453 Citizens suits; proposed settlements— Mississippi River Transmission Corp., 46453 Sierra Club, 46460–46461 Mojave Pipeline Co., 46453–46454 Meetings: Natural Gas Pipeline Co. of America, 46454 Common sense initiative— Nora Transmission Co., 46454 Computers and electronics sector et al., 46461–46462 Overthrust Pipeline Co., 46454 Urban Wet Weather Flows Advisory Committee et al., Ozark Gas Transmission System, 46454–46455 46462 Panhandle Eastern Pipe Line Co., 46455 Superfund; response and remedial actions, proposed Public Utility District No. 1 of Douglas County, WA, settlements, etc.: 46455 Iota Site, LA, 46463–46464 Questar Pipeline Co., 46455 Superfund program: Sabine Pipe Line Co., 46455–46456 Prospective purchaser agreements— Southern Natural Gas Co., 46456 Southern Crop Site, FL, 46462–46463 South Georgia Natural Gas Co., 46456 Stingray Pipeline Co., 46456–46457 Export-Import Bank Tennessee Gas Pipeline Co., 46457 NOTICES Texas-Ohio Pipeline, Inc., 46457–46458 Meetings: Trailblazer Pipeline Co., 46458 Advisory committee, 46464 Transcontinental Gas Pipe Line Corp., 46458

Federal Aviation Administration Federal Maritime Commission NOTICES NOTICES Meetings: Agreements filed, etc., 46464–46465 RTCA, Inc., 46504 Passenger facility charges; applications, etc.: Federal Reserve System Harrisburg International Airport, PA, 46504–46505 NOTICES Johnstown-Cambria County Airport, PA, 46505 Banks and bank holding companies: Tri-State Airport, WV, 46505–46506 Change in bank control, 46465

Federal Communications Commission Fish and Wildlife Service RULES PROPOSED RULES Common carrier services: Hunting and fishing: Aeronautical services provision via International Refuge-specific regulations, 46390–46399 PROPOSED RULES Maritime Satellite Organization (INMARSAT) system, Endangered and threatened species: 46419–46420 Lane Mountain milk-vetch, etc., 46430–46431 Commercial mobile radio services— Migratory bird permits: Competitive service safeguards for local exchange Canada geese, injurious; control permits; environmental carrier provision, 46420–46430 assessment, 46431 Satellite communications— Satellite earth stations; local zoning regulations Food and Drug Administration preemption, 46420 RULES Radio stations; table of assignments: Food additives: Arkansas, 46430 Peroxyacetic acid, acetic acid, and hydrogen peroxide, 46376–46378 Federal Crop Insurance Corporation Peroxyacetic acid, acetic acid, hydrogen peroxide and 1- PROPOSED RULES hydroxyethylidene-1,1-diphosphonic acid (HEDP), Crop insurance regulations: 46374–46376 Cotton crop, 46401–46403 NOTICES Human drugs: Federal Energy Regulatory Commission Patent extension; regulatory review period NOTICES determinations— Electric rate and corporate regulation filings: CEDAX capsules, 46465–46466 Illinois Power Co. et al., 46458–46460 Warbasse-Cogeneration Technologies Partnership L.P., Foreign Agricultural Service 46460 NOTICES Environmental statements; availability, etc.: Agency information collection activities: Appalachian Power Co., 46460 Proposed collection; comment request, 46432 Egan Hub Partners, L.P.; correction, 46460 Applications, hearings, determinations, etc.: Forest Service ANR Pipeline Co., 46450 NOTICES Canyon Creek Compression Co., 46450–46451 Meetings: Carnegie Interstate Pipeline Co., 46451 Southwest Oregon Provincial Interagency Executive CNG Transmission Corp., 46451 Committee Advisory Committee, 46432 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Contents V

Grain Inspection, Packers and Stockyards Administration Justice Department NOTICES See Antitrust Division Agency designation actions: See Drug Enforcement Administration Illinois et al., 46432–46433 See Immigration and Naturalization Service Iowa et al., 46433–46434 See Justice Programs Office

Health and Human Services Department Justice Programs Office See Centers for Disease Control and Prevention NOTICES See Food and Drug Administration Agency information collection activities: See Health Care Financing Administration Submission for OMB review; comment request, 46489– See National Institutes of Health 46490

Health Care Financing Administration Land Management Bureau RULES NOTICES Medicare and Medicaid: Agency information collection activities: Health maintenance organizations, competitive medical Proposed collection; comment request, 46480–46481 plans, and health care prepayment plans— Oil and gas leases: Prepaid health care organizations; physician incentive Utah, 46481 plan requirements; correction, 46384–46385 Opening of public lands: NOTICES California, 46481–46482 Medicare: Survey plat filings: Skilled nursing facilities— Idaho, 46482 Inpatient routine service costs; payment rates, 46466– 46478 Minerals Management Service Housing and Urban Development Department NOTICES Environmental statements; availability, etc.: RULES Outer Continental Shelf oil and gas leasing program Real Estate Settlement Procedures Act: (1997–2002), 46482–46483 Unnecessary or illustrative regulations; streamlining; Federal regulatory reform National Aeronautics and Space Administration Correction, 46510 NOTICES PROPOSED RULES Real Estate Settlement Procedures Act: Meetings: Escrow accounting procedures, 46511–46527 Aeronautics Advisory Committee, 46490 Patent licenses; non-exclusive, exclusive, or partially Immigration and Naturalization Service exclusive: RULES Honeywell, Inc., 46490 Immigration: Fees for motions to reopen or reconsider when filed National Archives and Records Administration concurrently with any application for relief under See Information Security Oversight Office immigration laws for which fee is chargeable, 46373– National Foundation on the Arts and the Humanities 46374 NOTICES Information Security Oversight Office Meetings: NOTICES Humanities Panel, 46435 Meetings: National Industrial Security Program Policy Advisory National Highway Traffic Safety Administration Committee, 46490–46491 RULES Motor vehicle content labeling; passenger cars and light Interior Department vehicles; domestic and foreign content information, See Fish and Wildlife Service 46385–46390 See Land Management Bureau See Minerals Management Service National Institute of Standards and Technology See National Park Service NOTICES Information processing standards, Federal: International Development Cooperation Agency Code for information interchange, its representations, See Agency for International Development subsets, and extension, etc.; proposed withdrawal, 46444–46445 International Trade Administration NOTICES National Institutes of Health Antidumping: NOTICES Fresh kiwifruit from— Grants and cooperative agreements; availability, etc.: New Zealand, 46438–46440 Fusion proteins that include antibody and non-antibody Porcelain on steel cookware from— portions; scientific and commercial development, China, 46440 46478–46479 Sebacic acid from— Meetings: China, 46440–46444 National Institute on Deafness and Other Communication Antidumping duty orders and findings: Disorders, 46479–46480 Intent to revoke, 46437–46438 Research Grants Division special emphasis panels, 46480 VI Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Contents

National Oceanic and Atmospheric Administration Virginia Limited Maturity Municipals Portfolio, 46496– RULES 46497 Fishery conservation and management: Alaska scallop, 46399–46400 Social Security Administration NOTICES NOTICES Meetings: Agency information collection activities: Mid-Atlantic Fishery Management Council, 46445 Proposed collection; comment request, 46502–46503 Permits: Endangered and threatened species, 46445–46446 Surface Transportation Board National Park Service NOTICES RULES Railroad services abandonment: Special regulations: Missouri Pacific Railroad Co., 46506 Lassen Volcanic National Park, CA; boating, fishing, and limit of catch; regulations removed, 46379–46380 Textile Agreements Implementation Committee NOTICES See Committee for the Implementation of Textile Agency information collection activities: Agreements Proposed collection; comment request, 46483 Environmental statements; availability, etc.: Independence National Historical Park, PA, 46483–46484 Thrift Supervision Office NOTICES Navy Department Agency information collection activities: RULES Submission for OMB review; comment request, 46507 Navigation, COLREGS compliance exemptions: Applications, hearings, determinations, etc.: USS Hopper, 46378–46379 Fulton Savings Bank, FSB, 46507–46508 NOTICES Patent licenses; non-exclusive, exclusive, or partially Transportation Department exclusive: See Federal Aviation Administration Davis Liquid Crystals, Inc., et al., 46446 See National Highway Traffic Safety Administration See Surface Transportation Board Panama Canal Commission NOTICES PROPOSED RULES Air carrier operations; resumption: Shipping and navigation: ValuJet Airlines, Inc., 46503 Canal tolls rates and vessel management rules— Meetings: Toll rates increase and on-deck container capacity Aviation Safety and Security White House Commission, measurement, 46407–46410 46504

Personnel Management Office Treasury Department NOTICES See Alcohol, Tobacco and Firearms Bureau Agency information collection activities: See Thrift Supervision Office Submission for OMB review; comment request, 46491 Excepted service: Schedules A, B, and C; positions placed or revoked— United States Institute of Peace Update, 46491–46492 NOTICES Grants and cooperative agreements; availability, etc.: Public Health Service Solicited grants— See Centers for Disease Control and Prevention Post-settlement peacebuilding, etc., 46508 See Food and Drug Administration See National Institutes of Health Separate Parts In This Issue Rural Utilities Service NOTICES Water and wastewater loan program: Part II Refinancing policies, eligible borrowers list, and loan Housing and Urban Development Department, 46510–46527 portfolio participation, 46434

Securities and Exchange Commission Reader Aids NOTICES Additional information, including a list of public laws, Self-regulatory organizations; proposed rule changes: telephone numbers, reminders, and finding aids, appears in Chicago Board Options Exchange, Inc., 46497–46498 the Reader Aids section at the end of this issue. Depository Trust Co., 46498–46499 Options Clearing Corp., 46499–46502 Applications, hearings, determinations, etc.: Arizona Limited Maturity Municipals Portfolio, 46492– Electronic Bulletin Board 46493 Free Electronic Bulletin Board service for Public Law First American Strategy Funds, Inc., et al., 46493–46496 numbers, Federal Register finding aids, and a list of North Carolina Limited Maturity Municipals Portfolio, documents on public inspection is available on 202–275– 46496 1538 or 275–0920. Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR Proposed Rules: 457...... 46401 8 CFR 3...... 46373 103...... 46373 242...... 46373 21 CFR 173 (2 documents) ...... 46374, 46376 24 CFR 3500...... 46510 Proposed Rules: 3500...... 46523 27 CFR Proposed Rules: 9...... 46403 32 CFR 706...... 46378 801...... 46379 35 CFR Proposed Rules: 133...... 46407 135...... 46407 36 CFR 7...... 46379 40 CFR 261...... 46380 Proposed Rules: 59...... 46410 64...... 46418 70...... 46418 71...... 46418 300...... 46418 42 CFR 417...... 46384 47 CFR Proposed Rules: Ch. 1 ...... 46419 1...... 46420 22...... 46420 25...... 46420 73...... 46430 49 CFR 583...... 46385 50 CFR 679...... 46399 32...... 46390 Proposed Rules: 17...... 46430 21...... 46431 46373

Rules and Regulations Federal Register Vol. 61, No. 171

Tuesday, September 3, 1996

This section of the FEDERAL REGISTER Suite 3214, Washington, DC 20536, for the motion (currently, $110), unless contains regulatory documents having general telephone (202) 307–3587. a fee waiver has been granted pursuant applicability and legal effect, most of which SUPPLEMENTARY INFORMATION: This to 8 CFR 103.7(c)(1). If the motion to are keyed to and codified in the Code of interim rule amends 8 CFR parts 3, 103, reopen or reconsider is granted, the Federal Regulations, which is published under individual then will have to pay the fee 50 titles pursuant to 44 U.S.C. 1510. and 242 by clarifying when the required fees must be paid when a motion to set forth in 8 CFR 103.7(b) required for The Code of Federal Regulations is sold by reopen or reconsider is filed the underlying application for relief in the Superintendent of Documents. Prices of concurrently with any application for order to complete the application. Fee new books are listed in the first FEDERAL relief under the immigration laws for remittance for the underlying REGISTER issue of each week. which a fee is chargeable. This interim application for relief should be made rule applies to motions to reopen or payable to the ‘‘Immigration and reconsider that are filed in all types of Naturalization Service’’. Unless a fee DEPARTMENT OF JUSTICE immigration proceedings, including waiver has been granted pursuant to 8 CFR 103.7(c)(1), failure to pay the Immigration and Naturalization Service those over which the Service and the Board of Immigration Appeals have subsequent fee for the underlying 8 CFR Parts 3, 103, and 242 appellate jurisdiction, respectively. application for relief will result in the This interim rule is necessary to denial of the application. If the motion [EOIR No. 114I; A.G. Order No. 2051±96] eliminate questions that have arisen to reopen or reconsider is denied, no RIN 1125±AA15 regarding the payment of fees for further fee will be required because the applications for relief that require their underlying application for relief, in Fees for Motions To Reopen or own separate fees when filed effect, will be moot. This procedure Reconsider concurrently with motions to reopen or provides a fair and equitable fee reconsider. For example, if an structure for motions and their AGENCY: Department of Justice. individual files a motion to reopen his underlying applications by requiring ACTION: Interim rule with request for or her deportation case in order to apply payment of a fee for the underlying comments. for suspension of deportation, is the application only if the motion to reopen or reconsider is granted. This will SUMMARY: This interim rule clarifies individual required to pay only one fee prevent imposing undue financial when and how fees must be paid when for the motion to reopen, or one fee for burdens on those individuals filing such a motion to reopen or reconsider is filed the motion, and a second fee for the motions. concurrently with any application for application? The implementation of this rule as an relief under the immigration laws for Prior to April 4, 1989, the provision interim rule, with provisions for post- which a fee is chargeable. This interim at 8 CFR 103.7(b) regarding motions to promulgation public comment, is based rule applies to motions to reopen or reopen or reconsider contained a upon the ‘‘good cause’’ exceptions reconsider that are filed in all types of sentence that specified that ‘‘[w]hen the found at 5 U.S.C. 553 (b)(B) and (d)(3). immigration proceedings, including motion to reopen or reconsider is made The reasons and the necessity for those over which the Immigration and concurrently with any application immediate implementation of this Naturalization Service (the ‘‘Service’’) under the immigration laws, the interim rule without prior notice and and the Board of Immigration Appeals application will be considered an comment are as follows: Immediate (the ‘‘Board’’) have appellate integral part of the motion and only for implementation of this rule will ensure jurisdiction, respectively. the fee for filing the motion or the fee for filing the application, whichever is that fees for motions to reopen or DATES: This interim rule is effective greater, is payable.’’ When this reconsider, and their underlying September 3, 1996. Written comments provision was amended in April 1989, applications for relief, are acceptable in must be received on or before November see 54 FR 13515, this sentence was a consistent manner by all immigration 4, 1996. deleted without explanation. During the courts and the Board. Immediate ADDRESSES: Please submit written ensuing years, confusion mounted as to implementation of this rule also will comments to Margaret M. Philbin, the meaning, if any, of this deletion eliminate any existing confusion with General Counsel, Executive Office for from the regulation and its effect on the regard to the payment of such fees at the Immigration Review, Suite 2400, 5107 fee requirements. The Executive Office earliest possible time, while still Leesburg Pike, Falls Church, Virginia for Immigration Review (‘‘EOIR’’) and affording the agencies the opportunity 22041, and Ernest B. Duarte, Branch the Service are prepared to eliminate to solicit and consider all public Chief, Immigration and Naturalization this confusion by amending the fee comments that are timely submitted. Service, 425 I Street NW., Suite 3214, requirement for motions to reopen or Finally, this interim rule provides a Washington, DC 20536. reconsider as follows: benefit to individuals who wish to file FOR FURTHER INFORMATION CONTACT: If a motion to reopen or reconsider is motions to reopen or reconsider. Hence, Margaret M. Philbin, General Counsel, filed by an individual concurrently with immediate implementation will make Executive Office for Immigration any application for relief under the this benefit available without any Review, Suite 2400, 5107 Leesburg Pike, immigration laws for which a fee is further delay, which would be contrary Falls Church, Virginia 22041, telephone chargeable (e.g., an application for to the public interest. (703) 305–0470, or Ernest B. Duarte, suspension of deportation, adjustment In accordance with 5 U.S.C. 605(b), Branch Chief, Immigration and of status, or registry), the individual the Attorney General certifies that this Naturalization Service, 425 I Street NW., initially must pay only the fee required rule affects only individuals filing 46374 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations motions to reopen or reconsider PART 103ÐPOWERS AND DUTIES OF PART 242ÐPROCEEDINGS TO concurrently with applications for the SERVICE OFFICERS; AVAILABILITY DETERMINE DEPORTABILITY OF relief from deportation. Therefore, this OF SERVICE RECORDS ALIENS IN THE UNITED STATES: rule does not have a significant APPREHENSION, CUSTODY, 3. The authority citation for part 103 economic impact on a substantial HEARING, AND APPEAL number of small entities. The Attorney continues to read as follows: General has determined that this rule is Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. 5. The authority citation for part 242 not a significant regulatory action under 1101, 1103, 1201, 1252 note, 1252b, 1304, continues to read as follows: Executive Order No. 12866, and 1356; 31 U.S.C. 9701, E.O. 12356, 47 FR Authority: 8 U.S.C. 1103, 1182, 1186a, 14874; 15557; 3 CFR, 1982, Comp., p. 166; 8 1251, 1252, 1252 note, 1252a, 1252b, 1524, accordingly this rule has not been CFR part 2. reviewed by the Office of Management 1362; 8 CFR , part 2. and Budget. This rule has no federalism 4. In § 103.7, paragraph (b)(1) is 6. In § 242.17, paragraph (e) is implications warranting the preparation amended by revising the two entries for amended by adding two new sentences of a Federalism Assessment in ‘‘Motion’’, respectively, to read as after the 4th sentence, to read as accordance with Executive Order No. follows: follows: 12612. The rule meets the applicable § 103.7 Fees. § 242.17 Ancillary matters, applications. standards provided in sections 3(a) and * * * * * 3(b)(2) of Executive Order No. 12988. * * * * * (b) * * * (e) * * * When a motion to reopen or List of Subjects (1) * * * reconsider is made concurrently with an * * * * * 8 CFR Part 3 application for relief seeking one of the Motion. For filing a motion to reopen immigration benefits set forth in Administrative practice and or reconsider any decision under the paragraphs (a) and (c) of this section, procedure, Immigration, Lawyers, immigration laws in any type of only the fee set forth in § 103.7(b)(1) of Organizations and functions proceeding over which the Board of this chapter for the motion must (Government agencies), Reporting and Immigration Appeals has appellate accompany the motion and application recordkeeping requirements. jurisdiction. No fee shall be charged for for relief. If such a motion is granted, a motion to reopen or reconsider a 8 CFR Part 103 the appropriate fee for the application decision on an application for relief for for relief, if any, set forth in 8 CFR Administrative practice and which no fee is chargeable. (The fee of 103.7(b)(1), must be paid within the procedure, Authority delegations $110 shall be charged whenever an time specified in order to complete the (Government agencies), Freedom of appeal or motion is filed by or on behalf application.* ** Information, Privacy, Reporting and of two or more aliens and all such aliens Dated: August 26, 1996. recordkeeping requirements, Surety are covered by one decision. When a bonds. motion to reopen or reconsider is made Janet Reno, concurrently with any application for Attorney General. 8 CFR Part 242 relief under the immigration laws for [FR Doc. 96–22335 Filed 8–30–96; 8:45 am] which a fee is chargeable, the fee of Administrative practice and BILLING CODE 4410±01±M procedure, Aliens. $110 will be charged when the motion is filed and, if the motion is granted, the Accordingly, chapter I of Title 8 of the requisite fee for filing the application for Code of Federal Regulations is amended relief will be charged and must be paid DEPARTMENT OF HEALTH AND as follows: within the time specified in order to HUMAN SERVICES complete the application.)—$110. PART 3ÐEXECUTIVE OFFICE FOR Motion. For filing a motion to reopen Food and Drug Administration IMMIGRATION REVIEW or reconsider any decision under the 21 CFR Part 173 immigration laws in any type of Subpart CÐRules of Procedure for proceeding over which the Board of [Docket No. 95F±0160] Immigration Judge Proceedings Immigration Appeals does not have appellate jurisdiction. No fee shall be Secondary Direct Food Additives 1. The authority citation for part 3 charged for a motion to reopen or Permitted in Food for Human continues to read as follows: reconsider a decision on an application Consumption Authority: 5 U.S.C. 301; 8 U.S.C. 1103, for relief for which no fee is chargeable. 1252 note, 1252b, 1324b, 1362, 1362; 28 AGENCY: Food and Drug Administration, (The fee of $110 shall be charged HHS. U.S.C. 509, 1746; sec. 2, Reorg. Plan No. 2 of whenever an appeal or motion is filed 1950, 3 CFR 1949–1953 Comp., p. 1002. ACTION: Final rule. by on or behalf of two or more aliens 2. In § 3.31, paragraph (b) is amended and all such aliens are covered by one SUMMARY: The Food and Drug by revising the first sentence to read as decision. When a motion to reopen or Administration (FDA) is amending the follows: reconsider is made concurrently with food additive regulations to provide for any application for relief under the the safe use of a mixture of peroxyacetic § 3.31 Filing documents and applications. immigration laws for which a fee is acid, acetic acid, hydrogen peroxide and * * * * * chargeable, the fee of $110 will be 1-hydroxyethylidene-1,1-diphosphonic (b) Except as provided in 8 CFR charged when the motion is filed and, acid (HEDP) to reduce the microbial 242.17(e), all documents or applications if the motion is granted, the requisite fee load in water used to wash certain fruits requiring the payment of a fee must be for filing the application for relief will and vegetables. Elsewhere in this issue accompanied by a fee receipt from the be charged and must be paid within the of the Federal Register, FDA is Service or by an application for a waiver time specified in order to complete the publishing a document that provides for of fees pursuant to 8 CFR 3.24. *** application.)—$110. the safe use of a mixture of peroxyacetic * * * * * * * * * * acid, acetic acid, and hydrogen peroxide Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations 46375 to reduce the microbial load in water of fungus are rust, smut, mildew, mold, the extent that this comment suggests used to wash certain fruits and yeast, and bacteria on or in processed that the solution is not safe for use as vegetables. This action is in response to food (7 U.S.C. 136(k)). Therefore, by a washing solution for fruits and a petition filed by Ecolab Inc. definition, an antimicrobial solution vegetables, the agency has determined DATES: Effective September 3, 1996; used on or in processed food is not a that the petitioned use is safe. To the written objections and requests for a pesticide because it does not prevent, extent that the comment suggests that hearing by October 3, 1996. destroy, repel, or mitigate a ‘‘pest,’’ the solution should be regulated as a ADDRESSES: Submit written objections to within the meaning of that term (7 sanitizing solution under § 178.1010, the Dockets Management Branch (HFA– U.S.C. 136(t)). Thus, such a solution is the comment is meaningless because the 305), Food and Drug Administration, not a pesticide chemical under the act. solution is already approved for such 12420 Parklawn Dr., rm. 1–23, FDA received one comment in use (§ 178.1010(b)(30)). Rockville, MD 20857. response to the notice of filing of this Finally, the agency disagrees with the petition. The comment expressed comment to the extent that it asserts that FOR FURTHER INFORMATION CONTACT: concern that the chemical mixture one of the components of the mixture Mary E. LaVecchia, Center for Food appeared to be a biocide and may contains phosphoric acid, which should Safety and Applied Nutrition (HFS– require FIFRA pesticide registration. be considered an ingredient. 217), Food and Drug Administration, The comment also stated that the Importantly, there is no phosphoric acid 200 C St. SW., Washington, DC 20204– preparation would be regulated more in the formulation and thus there is no 0001, 202–418–3072. accurately under § 178.1010 Sanitizing need to consider it as an ingredient. SUPPLEMENTARY INFORMATION: In a notice solutions (21 CFR 178.1010). Lastly, the Commercial HEDP does contain a low published in the Federal Register of comment stated that one of the level (approximately 3 percent by July 13, 1995 (60 FR 36150), FDA components of the mixture contained weight) of phosphorous acid, not announced that a food additive petition phosphoric acid, which needed to be phosphoric acid (Ref. 1), which is used (FAP 5A4460) had been filed by Ecolab declared as an ingredient. as a reactant in the preparation of HEDP. Inc., 370 North Wabasha St., St. Paul, As noted above, an antimicrobial The agency has evaluated the level of MN 55102. The petition proposed to formulation used on raw agricultural phosphorous acid in HEDP and amend the food additive regulations in commodities is regulated as a pesticide concludes that essentially no residue of § 173.315 Chemicals used in washing or chemical and thus, may require phosphorous acid would remain on to assist in the lye peeling of fruits and registration, under FIFRA, as well as a treated produce and that this use of vegetables (21 CFR 173.315) to provide tolerance established under section 408 HEDP is safe. Because this antimicrobial for the safe use of a mixture of of the act (21 U.S.C. 346a). Similarly, solution contains no phosphoric acid, peroxyacetic acid, acetic acid, hydrogen FDA has jurisdiction over antimicrobial FDA finds no merit in the comment peroxide and 1-hydroxyethylidene-1,1- solutions used on processed foods. stating that phosphoric acid needs to be diphosphonic acid (HEDP) to control Thus, consistent with FDA’s disclosed as an ingredient. microbial growth in water contacting jurisdiction, FDA’s approval of this FDA has evaluated data in the fruits and vegetables. formulation is limited to its use in petition and other relevant material. As An antimicrobial solution used to washing fruits and vegetables other than part of its review, FDA evaluated the wash fruits and vegetables is potentially those that are raw agricultural safety of each of the components of the subject to regulation as a food additive commodities. This approval is antimicrobial solution. Based on this under section 409 of the Federal Food, consistent with the division of information, the agency concludes that Drug, and Cosmetic Act (the act) (21 responsibility between FDA and EPA the proposed use of the additive is safe, U.S.C. 348), or as a pesticide chemical over solutions of this type. FDA has, that it will achieve its intended under the Federal Insecticide, however, referred the petitioner to EPA technical effect of reducing the Fungicide, and Rodenticide Act (FIFRA) in order to ascertain whether FIFRA microbial load in water used to wash (7 U.S.C. 136(u)), depending upon the pesticide registration and a tolerance fruits and vegetables, and that therefore, status of the fruit or vegetable. FDA under section 408 of the act are required the regulations in § 173.315 should be regulates antimicrobial solutions as food for any uses not regulated by FDA. amended as set forth below. additives under the act when such Thus, FDA’s decision in this final rule In accordance with § 171.1(h) (21 CFR solutions are used on processed food. takes into consideration the 171.1(h)), the petition and the The Environmental Protection Agency jurisdictional question between FDA documents that FDA considered and (EPA) regulates antimicrobial solutions and EPA raised by the comment. relied upon in reaching its decision to as pesticide chemicals under FIFRA FDA disagrees with the comment to approve the petition are available for when the solutions are used on raw the extent that it suggests that the inspection at the Center for Food Safety agricultural commodities. solution in question should be regulated and Applied Nutrition by appointment Under section 201(q)(1) of the act (21 as a sanitizing solution. FDA notes that with the information contact person U.S.C. 321(q)(1)), as amended by the this formulation is presently approved listed above. As provided in § 171.1(h), Food Quality Protection Act of 1996, the for use as a sanitizing solution, under the agency will delete from the term ‘‘pesticide chemical’’ means a § 178.1010(b)(30). However, the documents any materials that are not pesticide as defined in FIFRA. Under petitioned use for this formulation is to available for public disclosure before FIFRA’s regulatory scheme, an reduce the microbial load in water used making the documents available for antimicrobial solution used on or in to wash fruits and vegetables, consistent inspection. processed food does not come within with the technical effect listed in 21 The agency has carefully considered the definition of the term pesticide. CFR 170.3(o)(2). This use is different the potential environmental effects of FIFRA defines a pesticide as any from its use as a sanitizing solution. this action. FDA has concluded that the substance intended for preventing, Because the petitioned conditions of use action will not have a significant impact destroying, repelling, or mitigating any differ from those for a sanitizing on the human environment, and that an pest (7 U.S.C. 136(u)); the definition of solution, approval under § 173.315 is environmental impact statement is not pest includes ‘‘fungus’’ (7 U.S.C. 136(t)). necessary and appropriate. The point of required. The agency’s finding of no However, excluded from the definition this comment is not entirely clear. To significant impact and the evidence 46376 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations supporting that finding, contained in an such a description and analysis for any authority delegated to the Commissioner environmental assessment, may be seen particular objection shall constitute a of Food and Drugs and redelegated to in the Dockets Management Branch waiver of the right to a hearing on the the Director, Center for Food Safety and (address above) between 9 a.m. and 4 objection. Three copies of all documents Applied Nutrition, 21 CFR part 173 is p.m., Monday through Friday. shall be submitted and shall be amended as follows: Any person who will be adversely identified with the docket number affected by this regulation may at any found in brackets in the heading of this PART 173ÐSECONDARY DIRECT time on or before October 3, 1996, file document. Any objections received in FOOD ADDITIVES PERMITTED IN with the Dockets Management Branch response to the regulation may be seen FOOD FOR HUMAN CONSUMPTION (address above) written objections in the Dockets Management Branch thereto. Each objection shall be between 9 a.m. and 4 p.m., Monday 1. The authority citation for 21 CFR separately numbered, and each through Friday. part 173 continues to read as follows: numbered objection shall specify with Reference Authority: Secs. 201, 402, 409 of the particularity the provisions of the Federal Food, Drug, and Cosmetic Act (21 regulation to which objection is made The following reference has been U.S.C. 321, 342, 348). and the grounds for the objection. Each placed on display in the Dockets numbered objection on which a hearing Management Branch (address above) 2. Section 173.315 is amended in the is requested shall specifically so state. and may be seen by interested persons table in paragraph (a)(2) by Failure to request a hearing for any between 9 a.m. and 4 p.m., Monday alphabetically adding a new entry under particular objection shall constitute a through Friday. the headings ‘‘Substances’’ and waiver of the right to a hearing on that 1. Monsanto Material Safety Data Sheet for ‘‘Limitations’’ to read as follows: objection. Each numbered objection for Monsanto Product Name DEQUEST 2010 § 173.315 Chemicals used in washing or to which a hearing is requested shall DEFLOCCULANT and SEQUESTRANT. assist in the lye peeling of fruits and include a detailed description and List of Subjects in 21 CFR Part 173 vegetables. analysis of the specific factual information intended to be presented in Food additives. * * * * * support of the objection in the event Therefore, under the Federal Food, (a) * * * that a hearing is held. Failure to include Drug, and Cosmetic Act and under (2) * * *

Substances Limitations

******* 1-Hydroxyethylidene-1,1-diphosphonic acid. May be used only with peroxyacetic acid. Not to exceed 4.8 ppm in wash water. Limited to use on fruits and vegetables that are not raw agricultural commodities. *******

* * * * * vegetables. Elsewhere in this issue of July 13, 1995 (60 FR 36150), FDA Dated: August 26, 1996. the Federal Register, FDA is also announced that a food additive petition Fred A. Shank, publishing a document that provides for (FAP 5A4459) had been filed by Ecolab the safe use of a mixture of peroxyacetic Inc., 370 North Wabasha St., St. Paul, Director, Center for Food Safety and Applied acid, acetic acid, hydrogen peroxide, Nutrition. MN 55102. The petition proposed to and 1-hydroxyethylidene-1,1- amend the food additive regulations in [FR Doc. 96–22286 Filed 8–30–96; 8:45 am] diphosphonic acid (HEDP) to reduce the § 173.315 Chemicals used in washing or BILLING CODE 4160±01±F microbial load in water used to wash to assist in the lye peeling of fruits and certain fruits and vegetables. This action vegetables (21 CFR 173.315) to provide is in response to a petition filed by 21 CFR Part 173 for the safe use of a mixture of Ecolab Inc. peroxyacetic acid, acetic acid and [Docket No. 95F±0161] DATES: Effective September 3, 1996; hydrogen peroxide to control microbial written objections and requests for a growth in water contacting fruits and Secondary Direct Food Additives hearing by October 3, 1996. vegetables. Permitted in Food for Human ADDRESSES: Submit written objections to Consumption An antimicrobial solution used to the Dockets Management Branch (HFA– wash fruits and vegetables is potentially AGENCY: Food and Drug Administration, 305), Food and Drug Administration, subject to regulation as a food additive HHS. 12420 Parklawn Dr., rm. 1–23, under section 409 of the Federal Food, Rockville, MD 20857. ACTION: Final rule. Drug, and Cosmetic Act (the act) (21 FOR FURTHER INFORMATION CONTACT: U.S.C. 348), or as a pesticide chemical SUMMARY: The Food and Drug Mary E. LaVecchia, Center for Food under the Federal Insecticide, Administration (FDA) is amending the Safety and Applied Nutrition (HFS– Fungicide, and Rodenticide Act (FIFRA) food additive regulations to provide for 217), Food and Drug Administration, (7 U.S.C. 136(u)), depending upon the the safe use of a mixture of peroxyacetic 200 C St. SW., Washington, DC 20204– status of the fruit or vegetable. FDA acid, acetic acid, and hydrogen peroxide 0001, 202–418–3072. regulates antimicrobial solutions as food to reduce the microbial load in water SUPPLEMENTARY INFORMATION: In a notice additives under the act when such used to wash certain fruits and published in the Federal Register of solutions are used on processed food. Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations 46377

The Environmental Protection Agency jurisdictional question between FDA with the Dockets Management Branch (EPA) regulates antimicrobial solutions and EPA raised by the comment. (address above) written objections as pesticide chemicals under FIFRA FDA disagrees with the comment to thereto. Each objection shall be when the solutions are used on raw the extent that it suggests that the separately numbered, and each agricultural commodities. solution in question should be regulated numbered objection shall specify with Under section 201(q)(1) of the act (21 as a sanitizing solution. The petitioned particularity the provisions of the U.S.C. 321(q)(1)), as amended by the use for this formulation is to reduce the regulation to which objection is made Food Quality Protection Act of 1996, the microbial load in water used to wash and the grounds for the objection. Each term ‘‘pesticide chemical’’ means a fruits and vegetables, consistent with numbered objection on which a hearing pesticide as defined in FIFRA. Under the technical effect listed in 21 CFR is requested shall specifically so state. FIFRA’s regulatory scheme, an 170.3(o)(2). This use is different from its Failure to request a hearing for any antimicrobial solution used on or in use as a sanitizing solution. Because the particular objection shall constitute a processed food does not come within petitioned conditions of use differ from waiver of the right to a hearing on that the definition of the term pesticide. those for a sanitizing solution, approval objection. Each numbered objection for FIFRA defines a pesticide as any under § 173.315 is necessary and which a hearing is requested shall substance intended for preventing, appropriate. The point of this comment include a detailed description and destroying, repelling, or mitigating any is not entirely clear. To the extent that analysis of the specific factual pest (7 U.S.C. 136(u)); the definition of this comment suggests that the solution information intended to be presented in pest includes ‘‘fungus’’ (7 U.S.C. 136(t)). is not safe for use as a washing solution support of the objection in the event However, excluded from the definition for fruits and vegetables, the agency has that a hearing is held. Failure to include of fungus are rust, smut, mildew, mold, determined that the petitioned use is such a description and analysis for any yeast, and bacteria on or in processed safe. particular objection shall constitute a food (7 U.S.C. 136(k)). Therefore, by FDA has evaluated data in the waiver of the right to a hearing on the definition, an antimicrobial solution petition and other relevant material. As objection. Three copies of all documents used on or in processed food is not a part of its review, FDA evaluated the shall be submitted and shall be pesticide because it does not prevent, safety of each of the components of the identified with the docket number destroy, repel, or mitigate a ‘‘pest,’’ antimicrobial solution. Based on this found in brackets in the heading of this within the meaning of that term (7 information, the agency concludes that document. Any objections received in U.S.C. 136(t)). Thus, such a solution is the proposed use of the additive is safe, response to the regulation may be seen not a pesticide chemical under the act. that it will achieve its intended in the Dockets Management Branch FDA received one comment in technical effect of reducing the between 9 a.m. and 4 p.m., Monday response to the notice of filing of this microbial load in water used to wash through Friday. petition. The comment expressed fruits and vegetables, and that therefore, concern that the chemical mixture the regulations in § 173.315 should be List of Subjects in 21 CFR Part 173 appeared to be a biocide and may amended as set forth below. Food additives. require FIFRA pesticide registration. In accordance with § 171.1(h) (21 CFR Therefore, under the Federal Food, The comment also stated that the 171.1(h)), the petition and the Drug, and Cosmetic Act and under preparation would be regulated more documents that FDA considered and authority delegated to the Commissioner accurately under § 178.1010 Sanitizing relied upon in reaching its decision to of Food and Drugs and redelegated to solutions (21 CFR 178.1010). approve the petition are available for the Director, Center for Food Safety and As noted above, an antimicrobial inspection at the Center for Food Safety Applied Nutrition, 21 CFR part 173 is formulation used on raw agricultural and Applied Nutrition by appointment amended as follows: commodities is regulated as a pesticide with the information contact person chemical and thus, may require listed above. As provided in § 171.1(h), PART 173ÐSECONDARY DIRECT registration under FIFRA, as well as a the agency will delete from the FOOD ADDITIVES PERMITTED IN tolerance established under section 408 documents any materials that are not FOOD FOR HUMAN CONSUMPTION of the act (21 U.S.C. 346a). Similarly, available for public disclosure before FDA has jurisdiction over antimicrobial making the documents available for 1. The authority citation for 21 CFR solutions used on processed foods. inspection. part 173 continues to read as follows: Thus, consistent with FDA’s The agency has carefully considered Authority: Secs. 201, 402, 409 of the jurisdiction, FDA’s approval of this the potential environmental effects of Federal Food, Drug, and Cosmetic Act (21 formulation is limited to its use in this action. FDA has concluded that the U.S.C. 321, 342, 348). washing fruits and vegetables other than action will not have a significant impact those that are raw agricultural on the human environment, and that an 2. Section 173.315 is amended in the commodities. This approval is environmental impact statement is not table in paragraph (a)(2) by consistent with the division of required. The agency’s finding of no alphabetically adding two new entries responsibility between FDA and EPA significant impact and the evidence under the headings ‘‘Substances’’ and over solutions of this type. FDA has, supporting that finding, contained in an ‘‘Limitations’’ to read as follows: however, referred the petitioner to EPA environmental assessment, may be seen § 173.315 Chemicals used in washing or to in order to ascertain whether FIFRA in the Dockets Management Branch assist in the lye peeling of fruits and pesticide registration and a tolerance (address above) between 9 a.m. and 4 vegetables. under section 408 of the act are required p.m., Monday through Friday. for any uses not regulated by FDA. Any person who will be adversely * * * * * Thus, FDA’s decision in this final rule affected by this regulation may at any (a) * * * takes into consideration the time on or before October 3, 1996, file (2) * * * 46378 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations

Substances Limitations

******* Hydrogen peroxide. Used in combination with acetic acid to form peroxyacetic acid. Not to exceed 59 ppm in wash water. Limited to use on fruits and vegetables that are not raw agricultural commodities. Peroxyacetic acid. Prepared by reacting acetic acid with hydrogen peroxide. Not to exceed 80 ppm in wash water. Limited to use on fruits and vegetables that are not raw agricultural commodities. *******

* * * * * Deputy Assistant Judge Advocate 2. Table Four, Paragraph 15 of § 706.2 Dated: August 26, 1996. General (Admiralty) of the Navy, under is amended by adding the following Fred R. Shank, authority delegated by the Secretary of entry: the Navy, has certified that USS Director, Center for Food Safety and Applied HOPPER (DDG 70) is a vessel of the § 706.2 Certifications of the Secretary of Nutrition. Navy which, due to its special the Navy under Executive Order 11964 and [FR Doc. 96–22287 Filed 8–30–96; 8:45 am] construction and purpose, cannot fully 33 U.S.C. 1605. BILLING CODE 4160±01±F comply with the following specific * * * * * provisions of 72 COLREGS without interfering with its special function as a Horizontal DEPARTMENT OF DEFENSE naval ship: Annex I, paragraph 2(f)(i) distance from the fore pertaining to placement of the masthead Num- and aft cen- Department of the Navy light or lights above and clear of all Vessel ber terline of the other lights and obstructions; Annex I, vessel in the 32 CFR Part 706 athwartship paragraph 3(a) pertaining to the location direction Certifications and Exemptions Under of the forward masthead light in the the International Regulations for forward quarter of the vessel, and the Preventing Collisions at Sea, 1972; horizontal distance between the forward ***** Amendment and after masthead lights; and, Annex I, USS HOPPER ...... DDG 1.83 meters. paragraph 3(c) pertaining to placement 70 AGENCY: Department of the Navy, DOD. of task lights not less than two meters ACTION: Final rule. from the fore and aft centerline of the ***** ship in the athwartship direction. The SUMMARY: The Department of the Navy Deputy Assistant Judge Advocate 3. Table Four, Paragraph 16 of § 706.2 is amending its certifications and General (Admiralty) has also certified is amended by adding the following exemptions under the International that the lights involved are located in entry: Regulations for Preventing Collisions at closest possible compliance with the Sea, 1972 (72 COLREGS), to reflect that applicable 72 COLREGS requirements. § 706.2 Certifications of the Secretary of the Deputy Assistant Judge Advocate Moreover, it has been determined, in the Navy under Executive Order 11964 and General (Admiralty) of the Navy has 33 U.S.C. 1605. determined that USS HOPPER (DDG 70) accordance with 32 CFR Parts 296 and is a vessel of the Navy which, due to its 701, that publication of this amendment * * * * * special construction and purpose, for public comment prior to adoption is Obstruction cannot fully comply with certain impracticable, unnecessary, and contrary to public interest since it is Num- angle rel- provisions of the 72 COLREGS without Vessel ber ative ship's interfering with its special function as a based on technical findings that the headings naval ship. The intended effect of this placement of lights on this vessel in a rule is to warn mariners in waters where manner differently from that prescribed 72 COLREGS apply. herein will adversely affect the vessel’s ***** ability to perform its military functions. USS HOPPER ...... DDG 102.25 thru EFFECTIVE DATE: August 1, 1996. 70 112.50° FOR FURTHER INFORMATION CONTACT: List of Subjects in 32 CFR Part 706 Lieutenant M.W. Kerns, JAGC, U.S. Marine safety, Navigation (water), and ***** Navy, Assistant Admiralty Counsel, Vessels. Office of the Judge Advocate General, 4. Table Five of § 706.2 is amended by Navy Department, 200 Stovall Street, Accordingly, 32 CFR Part 706 is adding the following entry: Alexandria, VA 22332–2400, Telephone amended as follows: number: (703) 325–9744. § 706.2 Certifications of the Secretary of the SUPPLEMENTARY INFORMATION: Pursuant PART 706Ð[AMENDED] Navy under Executive Order 11964 and 33 to the authority granted in 33 U.S.C. U.S.C. 1605. 1. The authority citation for 32 CFR 1605, the Department of the Navy * * * * * amends 32 CFR Part 706. This Part 706 continues to read: amendment provides notice that the Authority: 33 U.S.C. 1605. Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations 46379

TABLE FIVE

Masthead After mast- lights not Forward head light masthead less than 1¤2 over all light not in ship's Percentage Vessel No. other lights forward length aft of horizontal and ob- quarter of forward separation structions. ship. annex masthead attained annex I, I, sec. 3(a) light. annex sec. 2(f) I, sec. 3(a)

******* USS HOPPER ...... DDG70 XXX 20.4

*******

Dated: August 1, 1996. DEPARTMENT OF THE INTERIOR National Park. Operation of motorboats M.W. Kerns, on all waters in the park and the closure LT, JAGC, U.S. Navy, Acting Deputy Assistant National Park Service to all vessels on four of the lakes within Judge Advocate General (Admiralty). the park is now documented and 36 CFR Part 7 [FR Doc. 96–22288 Filed 8–30–96; 8:45 am] addressed in Superintendent’s BILLING CODE 3810±FF±P RIN 1024±AC52 Compendium under the authority found at 36 CFR 1.5, Closures and public use Lassen Volcanic National Park limits. Fishing restrictions on Grassy Department of the Air Force Creek during certain months of the year, AGENCY: National Park Service, Interior. and closure of certain other waters to 32 CFR Part 801 ACTION: Final rule. fishing is also documented and addressed in the Superintendent’s Industrial Labor Relations Activities SUMMARY: The National Park Service (NPS) is removing the current Compendium. AGENCY: Department of the Air Force, regulations concerning boating, fishing In 1976, fish stocking of Manzanita Department of Defense. and limit of catch in Lassen Volcanic Lake was discontinued after 44 years of ACTION: Final rule. National Park. With this deletion, the almost annual stocking due to the policy park will allow for catch and release of the NPS to cease artificial SUMMARY: The Department of the Air fishing only, using a barbless hook, management of natural resources. In Force is removing the rule on Industrial when fishing at Manzanita Lake. The 1982, due to observations that the Labor Relations Activities because it has existing regulation allows for the taking fishery at Manzanita Lake was limited applicability to the general of native fish species (rainbow trout) in declining, a fisheries study of the lake public. This action is the result of this small fishery. The taking of the was conducted. As a result of this study, departmental review. The intended native species has and would continue two recommendations were made for effect is to ensure that only rules which to adversely affect native species Manzanita Lake: (1) Reduce the current substantially affect the public are composition if allowed to continue. The limit of 5 trout or 5 pounds and 1 trout, maintained in the Air Force portion of NPS intends to maintain and, where to 1 or 2 fish of 18 inches or more; or the Code of Federal Regulations. necessary, restore the aquatic ecosystem (2) designate the lake as catch and EFFECTIVE DATE: September 3, 1996. to a natural state while allowing release only, using artificial lures and recreational fishing to continue at levels FOR FURTHER INFORMATION CONTACT: Ms barbless hooks. In 1984, the California that allow natural processes to continue. Patsy Conner, Air Force Federal Register Game and Fish Commission The park will continue to manage Liaison Officer, SAF/AAX, 1720 Air recommended that the NPS adopt boating, a restricted fishing season, Force Pentagon, Washington DC 20330– regulations for catch and release fishing closed waters, limits of catch and the 1720. only using artificial lures with a catch and release program through the barbless hook in Manzanita Lake. SUPPLEMENTARY INFORMATION: Superintendent’s Compendium. In March of 1985, in order to restore List of Subjects in 32 CFR Part 801 EFFECTIVE DATE: This final rule becomes natural aquatic ecosystems while effective on September 3, 1996. allowing recreational fishing in Equal employment opportunity, FOR FURTHER INFORMATION CONTACT: Manzanita Lake, the park adopted catch Federal buildings and facilities, and release fishing with artificial lures Government contracts, Investigations, Gilbert E. Blinn, Lassen Volcanic and barbless hooks. This is addressed in Labor unions, Military personnel. National Park, P.O. Box 100, Mineral, CA 96063. the Superintendent’s Compendium. PART 801Ð[REMOVED] SUPPLEMENTARY INFORMATION: Other management options considered included leaving the current Accordingly under the authority 10 Background regulation in place and returning to U.S.C. 8013, 32 CFR Chapter VII is This final rule addresses a problem more consumptive methods of fishing. amended by removing Part 801. where a special park regulation (36 CFR Continuing fishery studies and public Patsy J. Conner, 7.11) was not removed at the time comment favor the catch and release Air Force Federal Register Liaison Officer. improved management means were fishing method. Closures and [FR Doc. 96–22388 Filed 8–30–96; 8:45 am] instituted to manage boating, fishing restrictions are documented and BILLING CODE 3910±01±W and limit of catch at Lassen Volcanic addressed in the Superintendent’s 46380 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations

Compendium and need not be repeated of small entities under the Regulatory ENVIRONMENTAL PROTECTION in the special regulations. Flexibility Act (5 U.S.C. 601 et seq.). AGENCY The deletion of the existing rule The economic effects of this rulemaking allows the park to continue to restore are local in nature and negligible in 40 CFR Part 261 the natural aquatic ecosystem while scope. [SW±FRL±5602±6] allowing recreational fishing in all park The NPS has determined and certifies waters. Closures and restrictions have pursuant to the Unfunded Mandates Hazardous Waste Management been in place in the park for over 20 Reform Act (2 U.S.C. 1502 et seq.), that System; Identification and Listing of years and are fully accepted and Hazardous Waste; Final Exclusion supported by the visiting public and the this rule will not impose a cost of $100 State of California. million or more in any given year on AGENCY: Environmental Protection local, State or tribal governments or Agency. Administrative Procedure Act private entities. ACTION: Final rule. In accordance with the The NPS has determined that this rule Administrative Procedure Act (5 U.S.C. will not have a significant effect on the SUMMARY: The Environmental Protection 553(b)(B)), the NPS is promulgating this quality of the human environment, Agency (EPA) today is granting a rule under the ‘‘good cause’’ exception health and safety because it is not petition submitted by Giant Refining of the Act from general notice and expected to: Company (Giant) to exclude from comment rulemaking. As discussed hazardous waste control (delist) certain above, the NPS believes this exception (a) Increase public use to the extent of solid wastes. The wastes being delisted is warranted because the existing comprising the nature and character of consist of excavated soils contaminated regulations are no longer used and have the area or causing physical damage to with K051 currently being stored in an not been used for over 20 years. This it; on-site waste pile. This action responds final rule will not impose any additional (b) Introduce non-compatible uses to Giant’s petition to delist these wastes restrictions on the public and comments that may compromise the nature and on a one-time basis from the hazardous on this rule are deemed unnecessary. characteristics of the area, or cause waste lists. After careful analysis, EPA Based upon this discussion, the NPS physical damage to it; has concluded that the petitioned waste finds pursuant to 5 U.S.C. 533(b)(B) that (c) Conflict with adjacent ownerships is not hazardous waste when disposed it would be contrary to the public or lands uses; or of in Subtitle D landfills. This exclusion interest to publish this rule through applies only to excavated soils general notice and comment (d) Cause a nuisance to adjacent generated at Giant’s Bloomfield, New rulemaking. owners or occupants. Mexico facility. Accordingly, this final The NPS also believes that publishing Based upon this determination, this rule excludes the petitioned waste from this final rule 30 days prior to the rule final rule is categorically excluded from the requirements of hazardous waste becoming effective would be the procedural requirements of the regulations under the Resource counterproductive and unnecessary for National Policy Act (NEPA) by Conservation and Recovery Act (RCRA) the reasons discussed above. A 30-day Departmental regulations in 516 DM 6 when disposed of in Subtitle D landfills. delay in this instance would be (49 FR 21438). As such, neither an EFFECTIVE DATE: September 3, 1996. unnecessary and contrary to the public Environmental Assessment (EA) nor an ADDRESSES: The public docket for this interest. Therefore, under the ‘‘good Environmental Impact Statement (EIS) final rule is located at the cause’’ exception of the Administrative has been prepared. Environmental Protection Agency Procedure Act (5 U.S.C. 553(d)(3)), it Region 6, 1445 Ross Avenue, Dallas, has been determined that this final List of Subjects in 36 CFR Part 7 Texas 75202, and is available for rulemaking is excepted from the 30-day viewing in the EPA Library of the 12th delay in the effective date and will National parks, Reporting and floor from 9:00 a.m. to 4:00 p.m., therefore become effective on the date recordkeeping requirements. Monday through Friday, excluding published in the Federal Register. In consideration of the foregoing, 36 Federal holidays. Call (214) 665–6444 Drafting Information CFR Chapter I is amended as follows: for appointments. The reference number for this docket is ‘‘F–96–NMDEL- The primary authors of this rule are PART 7ÐSPECIAL REGULATIONS, GIANT.’’ The public may copy material Bryan Swift, Chief Ranger of Lassen AREAS OF THE NATIONAL PARK from any regulatory docket at no cost for Volcanic National Park, and Dennis SYSTEM Burnett, Washington Office of Ranger the first 100 pages and at a cost of $0.15 per page for additional copies. Activities, National Park Service. 1. The authority citation for Part 7 continues to read as follows: FOR FURTHER INFORMATION CONTACT: For Paperwork Reduction Act general and technical information This final rule does not contain Authority: 16 U.S.C. 1, 3, 9a, 460(q), concerning this document, contact collections of information requiring 462(k); Sec. 7.96 also issued under D.C. Code Michelle Peace, Environmental approval by the Office of Management 8–137 (1981) and D.C. Code 40–721 (1981). Protection Agency, 1445 Ross Avenue, and Budget under the Paperwork § 7.11 [Removed] Dallas, Texas, (214) 665–7430. Reduction Act of 1995. 2. Section 7.11 is removed. SUPPLEMENTARY INFORMATION: Compliance With Other Laws Dated: August 15, 1996. I. Background This rule was not subject to Office of Management and Budget review under George T. Frampton, Jr., A. Authority Executive Order 12866. The Department Assistant Secretary for Fish and Wildlife and Under 40 CFR 260.20 and 260.22, of the Interior determined that this Parks. facilities may petition EPA to remove document will not have a significant [FR Doc. 96–22331 Filed 8–30–96; 8:45 am] their wastes from hazardous waste economic effect on a substantial number BILLING CODE 4310±70±P control by excluding them from the lists Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations 46381 of hazardous wastes contained in any other constituents that would filed by Giant Refining Company §§ 261.31 and 261.32. Specifically, render it hazardous. Review of this appears to view zinc as a ‘‘hazardous § 260.20 allows any person to petition petition included consideration of the constituent’’ to which the EPACML the Administrator to modify or revoke original listing criteria, as well as the must be applied. The AZA contends any provision of Parts 260 through 265 additional factors required by the that zinc is not considered a ‘‘hazardous and 268 of Title 40 of the Code of Hazardous and Solid Waste constituent’’ as defined under RCRA, is Federal Regulations; and § 260.22 Amendments (HSWA) of 1984. See not listed on Appendix VIII to 40 CFR provides generators the opportunity to Section 222 of HSWA, 42 U.S.C. 6921(f), Part 261 and is specifically excluded petition the Administrator to exclude a and 40 CFR 260.22(d) (2)–(4). from the definition of ‘‘underlying waste on a ‘‘generator-specific’’ basis In support of its petition, Giant hazardous constituents’’ in 40 CFR from the hazardous waste lists. submitted: (1) descriptions of its 268.2 (i). The AZA requests that the Petitioners must provide sufficient wastewater treatment processes and the final rule be changed to exclude zinc. information to EPA to allow EPA to excavation activities associated with the Response: The criteria for making a determine that the waste to be excluded petitioned waste; (2) results from total successful petition to amend Part 261 to does not meet any of the criteria under constituent analyses for the eight exclude a waste produced at a particular which the waste was listed as a Toxicity Characteristic (TC) metals facility can be found in 40 CFR Part hazardous waste. In addition, the listed in § 261.24 (i.e., the TC metals) 260.22. The regulations in 40 CFR Part Administrator must determine, where antimony, beryllium, cyanide, nickel, 260.22(a)(2) states that based on a he/she has a reasonable basis to believe vanadium, and zinc from representative complete application, the Administrator that factors (including additional samples of the stockpiled waste; (3) must determine where there is a constituents) other than those for which results from the Toxicity Characteristic reasonable basis to believe that factors the waste was listed could cause the Leaching Procedure (TCLP, SW–846 (including additional constituents) other waste to be a hazardous waste, that such Method 1311) for the eight TC metals, than those for which the waste was factors do not warrant retaining the antimony, beryllium, cyanide, nickel, listed could cause the waste to be a waste as a hazardous waste. vanadium, and zinc from representative hazardous waste, that such factors do samples of the stockpiled waste; (4) not warrant retaining the waste as a B. History of This Rulemaking results from the Oily Waste Extraction hazardous waste. Giant petitioned EPA to exclude from Procedure (OWEP, SW–846 Method The EPA understands the AZA’s hazardous waste control the excavated 1330) for the eight TC metals, antimony, concern regarding implication that zinc soils contaminated with K051–API beryllium, nickel, vanadium, and zinc is being viewed as a ‘‘hazardous separator sludge waste presently stored from representative samples of the constituent’’ in this delisting petition. In in an on-site waste pile at Bloomfield, stockpiled waste; (5) results from the response to this concern, EPA will New Mexico facility. After evaluating Extraction Procedure Toxicity Test (EP, revise the preamble language to future the petition, EPA proposed, on May 20, SW–846 Method 1310) for the eight rulemakings to read that ‘‘ the EPACML 1996 to exclude Giant’s waste from the metals listed in § 261.24 from will be used to predict the lists of hazardous wastes under representative samples of the stockpiled concentrations of constituents that may §§ 261.31 and 261.32 (See 61 FR 25175). waste; (6) results from total oil and be released from the petitioned waste, This rulemaking addresses public grease analyses from representative once it is disposed.’’ To evaluate comments received on the proposal and samples of the stockpiled waste; (7) test delisting petitions, any constituent finalizes the proposed decision to grant results and information regarding the detected in the leachate of the Giant’s petition. hazardous characteristics of ignitability, petitioned waste must be evaluated by corrosivity, and reactivity; and (8) the EPACML. All organic and inorganic II. Disposition of Petition results from total constituent and TCLP constituents detected in the leachate of Giant Refining Company, Bloomfield, analyses for certain volatile and semi- a petitioned waste are evaluated for New Mexico volatile organic compounds from their potential hazard to human health and the environment. Zinc, while it may A. Proposed Exclusion representative samples of the stockpiled waste. not meet the definitions of hazardous Giant petitioned EPA to exclude from constituent or ‘‘underlying hazardous the lists of hazardous wastes contained B. Summary of Responses to Public constituent’’ as defined under the Land in 40 CFR 261.31 and 261.32, a discrete Comments Disposal Restrictions, is a constituent volume of contaminated soil excavated The EPA received public comment on found in Giant Refining’s waste and from its wastewater treatment the May 20, 1996, proposal from two moreover, in the leachate of the impoundments. Specifically, in its interested parties, the American Zinc petitioned waste. Therefore, to meet the petition, Giant requested that EPA grant Association (AZA) and Horsehead delisting criteria, zinc must be evaluated a one-time exclusion for 2,000 cubic Resource Development Company (HRD). to determine if as a result of leaching yards of excavated soil presently stored The comments consisted of the concern into the groundwater the concentration in an on-site waste pile. The soil is that zinc is incorrectly viewed as a of zinc would pose a hazard to human classified as EPA Hazardous Waste No. hazardous constituent to which the EPA health or the environment. K051—‘‘API separator sludge from the Composite Model for Landfills In the analysis of the leachate from petroleum refining industry.’’ The listed (EPACML) must be applied and the Giant’s waste, levels of zinc were constituents of concern for EPA need to evaluate delisting decisions in detected and the maximum value is Hazardous Waste No. K051 are relation to the Pollution Prevention Act reported on the list of inorganic hexavalent chromium and lead (see Part and the Land Disposal Restrictions. constituents found in Table 1 of the May 261, Appendix VII). Giant petitioned the 20, 1996, notice. The evaluation of zinc EPA to exclude this discrete volume of Classification of Zinc as a Hazardous as an ‘‘additional constituent’’ is excavated soil because it does not Constituent conducted and compared to its health- believe that the waste meets the criteria Comment: The AZA is concerned based value and the secondary drinking for which it was listed. Giant also that, for some reason, EPA in water regulations to determine whether believes that the waste does not contain connection with the delisting petition the levels of zinc detected could cause 46382 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations the waste to be a potential hazard. In the waste to be a hazardous waste.’’ Many Because a petitioner’s waste may be case of Giant’s waste, the value for zinc LDR treatment standards are regulated under a dual system (i.e., both is below the level of regulatory concern concentration levels below those that Federal (RCRA) and State (non-RCRA) and should not present a hazard to would be protective of human health programs), petitioners are urged to human health or the environment. and the environment, because they are contact the State regulatory authority to based on what is technologically determine the current status of their Impact of This Delisting Upon Recycling achievable, rather than on risk. wastes under the State law. of K051 The EPA has responded, in an earlier Furthermore, some States (e.g., Comment: The commenter did not rulemaking, to similar comment by HRD Louisiana, Georgia, Illinois) are object to the proposed decision to delist concerning the effect that delisting authorized to administer a delisting Giant’s waste, since the constituent stabilized wastes might have on the program in lieu of the Federal program, levels in the waste were low enough recycling of wastes to recover metals i.e., to make their own delisting that HRD did not feel that any statutory (see 60 FR 31109, June 13, 1995). The decisions. Therefore, this exclusion mandates were violated. The commenter EPA’s position continues to be that no does not apply in those authorized summarized two principal statutory policies are undermined nor regulations States. If the petitioned waste will be requirements that HRD feels must be violated by the delisting of a waste transported to and managed in any State accounted for in order for any delisting which meets all applicable criteria for with delisting authorization, Giant must decision to be valid: delisting. Specifically, the existence of obtain delisting authorization from that (a) The Pollution Prevention Act of an alternate treatment and/or recycling State before the waste can be managed 1990 established a hierarchy of waste technology is not a factor that ‘‘could as non-hazardous in the State. management methods, in order of cause the waste to be a hazardous decreasing preference as: (1) source waste.’’ IV. Effective Date reduction, (2) recycling, (3) treatment, This rule is effective September 3, and (4) land disposal. The commenter C. Final Agency Decision 1996. The Hazardous and Solid Waste emphasized that recycling, such as high For reasons stated in both the Amendments of 1984 amended Section temperature metal recovery, is favored proposal and this document, EPA 3010 of RCRA to allow rules to become over waste treatment methods, such as believes that Giant’s excavated soil effective in less than six months when stabilization. The commenter also stated should be excluded from hazardous the regulated community does not need that the low levels of metals in the waste control. The EPA, therefore, is the six-month period to come into petitioned waste were not amenable to granting a final exclusion to Giant compliance. That is the case here recycling; and Refining Company, Bloomfield, New because this rule reduces, rather than (b) The Land Disposal Restrictions Mexico for its 2,000 cubic yards of increases, the existing requirements for (LDR) of RCRA include stringent excavated soil, described in its petition persons generating hazardous wastes. treatment standards which must be met as EPA Hazardous Waste No. K051. This These reasons also provide a basis for prior to land disposal of hazardous exclusion only applies to the waste making this rule effective immediately, wastes. The commenter felt that LDR described in the petition. The maximum upon publication, under the treatment standards should be one of volume of contaminated soil covered by Administrative Procedure Act, pursuant the ‘‘factors (including additional this exclusion is 2,000 cubic yards. to 5 U.S.C. 553(d). constituents) other than those for which Although management of the waste the waste was listed’’ that could cause covered by this petition is relieved from V. Regulatory Impact the waste to be a hazardous waste or to Subtitle C jurisdiction, the generator of Under Executive Order 12866, EPA be retained as a hazardous waste (see 40 the delisted waste must either treat, must conduct an ‘‘assessment of the CFR 260.22(d)(2)). Again, the store, or dispose of the waste in an on- potential costs and benefits’’ for all commenter did not feel that the site facility, or ensure that the waste is ‘‘significant’’ regulatory actions. The constituent levels in the petitioned delivered to an off-site storage, effect of this rule is to reduce the overall waste were high enough to exceed LDR treatment, or disposal facility, either of costs and economic impact of EPA’s treatment standards. which is permitted, licensed or hazardous waste management Response: The EPA agrees with the registered by a State to manage regulations. The reduction is achieved commenter that the statutory mandates municipal or industrial solid waste. by excluding waste from EPA’s lists of summarized above are very important Alternatively, the delisted waste may be hazardous wastes, thereby enabling a considerations. The EPA also agrees that delivered to a facility that beneficially facility to treat its waste as non- the decision to delist the waste which uses or reuses, or legitimately recycles hazardous. As discussed in EPA’s is the subject of this final rule is not in or reclaims the waste, or treats the waste response to public comments, this rule conflict with either of these mandates. prior to such beneficial use, reuse, is unlikely to have an adverse annual It is also EPA’s position that if the recycling, or reclamation (see 40 CFR effect on the economy of $100 million evaluation of a delisting petition reveals part 260, Appendix I). or more. Therefore, this rule does not that the petitioned waste meets all the represent a significant regulatory action III. Limited Effect of Federal Exclusion appropriate criteria in Petitions to Delist under the Executive Order, and no Hazardous Wastes—A Guidance The final exclusion being granted assessment of costs and benefits is Manual, Second Edition, EPA today is issued under the Federal necessary. The Office of Management Publication No. EPA/530–R–93–007, (RCRA) delisting program. States, and Budget (OMB) has exempted this March 1993, the conditions specified in however, are allowed to impose their rule from the requirement for OMB 40 CFR 260.22(d)(2) have been met, and own, non-RCRA regulatory review under Section (6) of Executive the waste need not be subject to RCRA requirements that are more stringent Order 12866. Subtitle C. That is to say, the delisting than EPA’s, pursuant to section 3009 of levels established by EPA are protective RCRA. These more stringent VI. Regulatory Flexibility Act of human health and the environment, requirements may include a provision Pursuant to the Regulatory Flexibility and a waste that meets these levels does which prohibits a Federally-issued Act, 5 U.S.C. §§ 601–612, whenever an not have factors that ‘‘could cause the exclusion from taking effect in the State. agency is required to publish a general Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations 46383 notice of rulemaking for any proposed law on March 22, 1995, EPA generally deregulatory in nature and does not or final rule, it must prepare and make must prepare a written statement for impose any enforceable duty on any available for public comment a rules with Federal mandates that may State, local, or tribal governments or the regulatory flexibility analysis which result in estimated costs to State, local, private sector. In addition, today’s describes the impact of the rule on small and tribal governments in the aggregate, delisting decision does not establish any entities (i.e., small businesses, small or to the private sector, of $100 million regulatory requirements for small organizations, and small governmental or more in any one year. When such a governments and so does not require a jurisdictions). No regulatory flexibility statement is required for EPA rules, small government agency plan under analysis is required, however, if the under section 205 of the UMRA, EPA UMRA section 203. Administrator or delegated must identify and consider alternatives, List of Subjects in 40 CFR Part 261 representative certifies that the rule will including the least costly, most cost- not have any impact on any small effective or least burdensome alternative Environmental protection, Hazardous entities. that achieves the objectives of the rule. waste, Recycling, Reporting and This regulation will not have an The EPA must select that alternative, recordkeeping requirements. unless the Administrator explains in the adverse impact on any small entities Authority: Sec. 3001(f) RCRA, 42 U.S.C. since its effect will be to reduce the final rule why it was not selected or it 6921(f). is inconsistent with law. Before EPA overall costs of EPA’s hazardous waste Dated: August 21, 1996. regulations. Accordingly, I hereby establishes regulatory requirements that Jane N. Saginaw, certify that this regulation will not have may significantly or uniquely affect a significant economic impact on a small governments, including tribal Regional Administrator. substantial number of small entities. governments, it must develop under For the reasons set out in the This regulation, therefore, does not section 203 of the UMRA a small preamble, 40 CFR Part 261 is amended require a regulatory flexibility analysis. government agency plan. The plan must as follows: provide for notifying potentially VII. Paperwork Reduction Act affected small governments, giving them PART 261ÐIDENTIFICATION AND Information collection and meaningful and timely input in the LISTING OF HAZARDOUS WASTE recordkeeping requirements associated development of EPA regulatory with this final rule have been approved proposals with significant Federal 1. The authority citation for Part 261 by OMB under the provisions of the intergovernmental mandates, and continues to read as follows: Paperwork Reduction Act of 1980 (Pub. informing, educating, and advising them Authority: 42 U.S.C. 6905, 6912(a), 6921, L. 96–511, 44 U.S.C. 3501 et seq.) and on compliance with the regulatory 6922, and 6938. requirements. have been assigned OMB Control 2. In Table 2 of Appendix IX, Part 261 The UMRA generally defines a Number 2050–0053. add the following waste stream in Federal mandate for regulatory purposes alphabetical order by facility to read as VIII. Unfunded Mandates Reform Act as one that imposes an enforceable duty follows: Under section 202 of the Unfunded upon State, local, or tribal governments Mandates Reform Act of 1995 (UMRA), or the private sector. The EPA finds that Appendix IX—Wastes Excluded Under Pub. L. 104–4, which was signed into today’s delisting decision is §§ 260.20 and 260.22

TABLE 2.ÐWASTES EXCLUDED FROM SPECIFIC SOURCES

Facility Address Waste description

******* Giant Refining Company, Inc ...... Bloomfield, New Mexico ...... Waste generated during the excavation of soils from two wastewater treatment impoundments (referred to as the South and North Oily Water Ponds) used to contain water outflow from an API separator (EPA Hazardous Waste No. K051). This is a one-time exclusion for approximately 2,000 cubic yards of stockpiled waste. This exclusion was published on September 3, 1996. Notification Requirements: Giant Refining Company must provide a one-time written notification to any State Regulatory Agency to which or through which the delisted waste described above will be transported for disposal at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a violation of the delisting petition and a possible revocation of the decision.

******* 46384 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations

[FR Doc. 96–22377 Filed 8–30–96; 8:45 am] Because of staffing and resource regulation requires plans, under certain BILLING CODE 6560±50±P limitations, we cannot accept comments circumstances, to obtain ‘‘stop-loss’’ by facsimile (FAX) transmission. In insurance; the compliance date set forth commenting, please refer to file code for doing so was May 28, 1996. This was DEPARTMENT OF HEALTH AND OMC–010–CN. Comments received not only unrealistic, but it was also HUMAN SERVICES timely will be available for public inconsistent with the related disclosure inspection as they are received, requirements that would not go into Health Care Financing Administration generally beginning approximately 3 effect until January 1, 1997, and with weeks after publication of a document, the wording in the congressional 42 CFR Part 417 in Room 309–G of the Department’s authorizing legislation stating that the [OMC±010±FC] offices at 200 Independence Avenue, law should become effective with the SW., Washington, DC, on Monday start of a contract year. We notified RIN 0938±AF74 through Friday of each week from 8:30 prepaid health plans on May 28 that this a.m. to 5 p.m. (phone: (202) 690–7890). requirement would not be enforced Medicare and Medicaid Programs; before January 1, 1997. Requirements for Physician Incentive FOR FURTHER INFORMATION CONTACT: Medicare: Tony Hausner, (410) 786– Because of these difficulties with the Plans in Prepaid Health Care compliance dates set forth in the March Organizations 1093. Medicaid: Beth Sullivan, (410) 786–4596. 27 publication, we have decided to AGENCY: Health Care Financing simplify and clarify all of the SUPPLEMENTARY INFORMATION: Administration (HCFA), HHS. compliance dates. Stated in general terms, the compliance date for all ACTION: Final rule correction; Notice of I. Change in Compliance Dates provisions (other than the two changes in compliance dates, with The preamble for the March 27, 1996, exceptions noted below) is now the first comment period. rule (61 FR 13430) stated that the renewal date falling on or after January regulation was effective on April 26, SUMMARY: In the March 27, 1996, issue 1, 1997, or the effective date of a new 1996. The preamble also set forth a set contract or agreement having an of the Federal Register, we published, at of ‘‘compliance dates,’’ by which times 61 FR 13430, a final rule with comment effective date on or after January 1, the prepaid health plans affected by the 1997. To explain how this statement period that implements requirements in regulation would be required to have sections 4204(a) and 4731 of the applies to contracts and agreements taken actions to be in compliance with having various renewal dates or Omnibus Budget Reconciliation Act of the regulation. These dates varied, 1990 that concern physician incentive effective dates, and how it applies depending on the specific requirements differently to Medicare contracts and to plans. In the preamble of that rule, we of the regulations. They also varied set forth dates by which prepaid health Medicaid contracts or agreements, we depending on whether the prepaid provide the following details: plans had to comply with certain of the health plan had a contract with • rule’s provisions. This document For all affected health maintenance Medicare or Medicaid in place on organizations (HMOs), competitive clarifies and changes some of those March 27, 1996, or entered into its deadlines, and provides an opportunity medical plans (CMPs), and health initial contract at a later date. insuring organizations (HIOs) that have for public comments on them. It does These compliance dates ranged from not otherwise change the requirements contracts or agreements with HCFA or a date certain—May 28, 1996—to a date State Medicaid Agencies in effect on the set forth in the rule. determined by when the prepaid health In addition this document corrects the date of this notice, the March 27, 1996, plan applied for a contract, renewed an regulation becomes applicable March 27 rule’s inadvertent reversal of existing contract, or took other actions the nomenclature change made by a (according to the terms set forth in the specified in the regulation. For example, regulation) at the time the contract or previous final rule. most of the requirements that prepaid agreement is next renewed on or after DATES: Effective date: September 3, health plans disclose specified elements January 1, 1997. For all plans with 1996. of information to us would become Medicare risk contracts, this means the Comment dates: Comments on the applicable by May 28, 1996, or by the compliance date is January 1, 1997, decision to change the compliance dates renewal date of the plan’s contract with since that is uniformly the renewal date published in the March 27, 1996 us, whichever is later. Since all for all risk contracts. That is also the preamble will be considered if received Medicare risk contracts with prepaid renewal date for the majority of at the appropriate address provided health plans are put on a January 1 Medicare cost contracts, although there below, no later than 5 p.m. on renewal cycle, this meant that, for are a few for which the renewal date November 4, 1996. practical purposes, these requirements will occur later in 1997, at which time ADDRESSES: Mail written comments (1 would all become effective on January 1, this regulation becomes applicable to original and 3 copies) to the following 1997. them. Medicaid agreements have address: Health Care Financing The explanation of these compliance varying dates for renewal and some of Administration, Department of Health dates in the March 27, 1996, preamble, them are written as multi-year and Human Services, Attention: OMC– however, was not sufficiently agreements. For Medicaid agreements, 010–CN, P.O. Box 26688, Baltimore, MD comprehensive and unambiguous to be compliance is required for all plans at 21207. fully understood. There has been a date during calendar year 1997. That If you prefer, you may deliver your considerable confusion, doubt, and date is the date on which the agreement written comments (1 original and 3 misunderstanding about them, is renewed or, in the case of multi-year copies) to one of the following particularly with respect to their agreements, the anniversary date of the addresses: Room 309–G, Hubert H. applicability to new contracts entered effective date of the agreement. Humphrey Building, 200 Independence into subsequent to March 27, 1996. It is • For all affected HMOs and CMPs Avenue, SW., Washington, DC 20201, or also now apparent that some of the that enter into Medicare contracts Room C5–09–26, 7500 Security compliance dates were clearly between the date of this notice and the Boulevard, Baltimore, MD 21244–1850. impracticable. Most notably, the end of calendar year 1996, the Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations 46385 compliance date is January 1, 1997. For FR 134) had made throughout part 417. ‘‘organization’s’’ is revised to read HMOs and HIOs entering into Medicaid This document corrects the oversight by ‘‘HMO’s or CMP’s’’. contracts or agreements during this restoring the precise terms ‘‘HMO’’ and 4. On page 13447, column 3, in period, the regulation becomes ‘‘CMP’’ that are currently used paragraph (g) introductory text, applicable on the first anniversary date throughout part 417 instead of the ‘‘organizations’’ is revised to read in 1997 of the effective date of their generic ‘‘organization’’. ‘‘HMOs and CMPs’’, and in paragraph contract or agreement. (g)(1)(i), ‘‘organization’’ is revised to • For all affected HMOs, CMPs, and IV. Waiver of Prior Notice and read ‘‘HMO or CMP’’, and HIOs that enter into contracts or Comment ‘‘organization’s’’ is revised to read agreements on or after January 1, 1997, Changes in final regulations are ‘‘HMO’s or CMP’s’’. whether for Medicare or Medicaid, the ordinarily published in proposed form 5. On page 13448, column 1, in regulation becomes applicable on the to provide for a period of public paragraph (g)(2)(ii) introductory text and effective date of the contract or comment prior to the change taking paragraph (g)(2)(iii), ‘‘organization’’, agreement. effect. However, we may waive this wherever it appears, is revised to read There are two exceptions to the procedure if we find good cause that ‘‘HMO or CMP’’, and in paragraphs general rule set forth above: prior notice and comment are (h)(1) introductory text and (h)(1)(v)(B), • The requirement in § 417.479(g)(1) impractical, unnecessary, or contrary to ‘‘organization’’ is revised to read ‘‘HMO that surveys be conducted of plan public interest. We find good cause to or CMP’’. enrollees and disenrollees under implement the changes made in this 6. On page 13448, column 2, in specified circumstances must be met notice without prior notice and paragraphs (h)(2)(i) introductory text, within 1 year of the compliance date for comment because the delay in prior (h)(2)(ii) introductory text, (h)(3) the plan in question, as set forth above. notice and comment would be introductory text, and paragraph (i)(1) This allows affected HMOs, CMPs, and impractical and contrary to the public introductory text, ‘‘organization’’ is HIOs discretion on the timing of the interest. As set forth above, we do not revised to read ‘‘HMO or CMP’’. survey and permits them to combine it believe that it would be reasonable to 7. On page 13448, column 3, in with a survey they may already be expect HMOs, CMPs, and HIOs to be in paragraph (i)(2) introductory text, and conducting and to survey all the compliance with the requirements that the heading of paragraph (j), enrollees in their sample at the same the final rule indicated these entities ‘‘organization’’ is revised to read ‘‘HMO time. were required to comply with by May or CMP’’, and in the text of paragraph • The requirement in 28, 1996. We have already (j), ‘‘eligible organization’’ is revised to § 417.479(h)(1)(vi) that plans disclose communicated with affected entities the read ‘‘HMO or CMP’’. capitation payments for the most recent fact that we were planning to publish a (Catalog of Federal Domestic Assistance year must be met, by all plans with notice changing these compliance dates Program No. 93.733—Medicare—Hospital contracts or agreements in effect on and would not take enforcement actions Insurance Program; No. 93.774—Medicare December 31, 1996, by April 1, 1997, under the regulations pending this Supplementary Medical Insurance Program; disclosing information for calendar year No. 93.778—Medical Assistance Program) change. We believe that it is not in the 1996. Plans with new agreements on or public interest for regulatory Dated: August 4, 1996. after January 1, 1997, must comply by compliance obligations to be imposed Bruce C. Vladeck, April 1 of the first year after the year of under a timeframe that both the entities Administrator, Health Care Financing the effective date, disclosing data for the affected and we believe to be Administration. calendar year of the effective date. unreasonable and impractical. Given the Dated: August 14, 1996. II. Other Provisions of the March 27 fact that some of these compliance Donna E. Shalala, Regulation obligations have already taken effect, we Secretary. This document does not address any believe that it would be impractical to [FR Doc. 96–22147 Filed 8–30–96; 8:45 am] of the requirements set forth in the leave these obligations in place pending BILLING CODE 4120±01±P March 27, 1996, final rule other than the a public notice and comment process. compliance dates. All of the obligations Corrections of prepaid plans set forth in the DEPARTMENT OF TRANSPORTATION regulation remain intact. The March 27, § 417.479 [Corrected] 1996, rule provided a 60-day 1. On page 13446, column 3, in National Highway Traffic Safety opportunity for comment. We have § 417.479(a) introductory text, Administration received a variety of comments in ‘‘organization’’ is revised to read ‘‘HMO 49 CFR Part 583 response to it. We will be publishing a or CMP’’. document in the Federal Register later, [Docket No. 92±64; Notice 9] evaluating and responding to these 2. On page 13447, column 1, in comments. In the meantime, prepaid paragraph (b), ‘‘eligible organizations’’ is RIN 2127±AG46 revised to read ‘‘HMOs and CMPs’’; in plans affected by this regulation should Motor Vehicle Content Labeling be making arrangements to comply with the definitions in paragraph (c) of ‘‘bonus’’, ‘‘payments’’, and ‘‘physician the requirements as set forth on March AGENCY: National Highway Traffic incentive plan’’, ‘‘organization’’, 27, in accordance with the compliance Safety Administration (NHTSA), wherever it appears, is revised to read dates established in this document. Department of Transportation (DOT). ‘‘HMO or CMP’’, and in the definition III. Technical Corrections in of ‘‘payments’’, ‘‘this subpart’’ is revised ACTION: Temporary final rule; Request Nomenclature to read ‘‘this section’’. for comments. The March 27 rule inadvertently 3. On page 13447, column 2, in the SUMMARY: Under NHTSA’s content reversed a nomenclature change that a definition of ‘‘withhold’’, labeling program, passenger motor previous final rule identified as OCC– ‘‘organization’’ is revised to read ‘‘HMO vehicles (passenger cars and other light 015 (published on July 15, 1993, at 58 or CMP’’, and in paragraph (d), vehicles) are required to be labeled with 46386 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations information about their domestic and rule, and has subsequently published request for content information. foreign parts content. In response to three notices addressing issues raised in According to the petitioners, although a petitions for rulemaking submitted by those or subsequent petitions. In a final great deal of effort has been put forth to the American Automobile rule published in the Federal Register obtain certificates from suppliers, some Manufacturers Association and General (60 FR 14228) on March 16, 1995, vehicle manufacturers continue to have Motors, the agency is making a limited, NHTSA partially responded to the difficulty with non-responsive temporary amendment to its content petitions for reconsideration by suppliers. The petitioners requested that calculation procedures to provide extending, for an additional year, a the agency immediately extend for an vehicle manufacturers added flexibility temporary alternative approach for data additional six months the temporary in making content determinations where collection and calculations. This option, procedures that have been in place for outside suppliers have not responded to which ceased to be available effective the last two years. The petitioners also requests for content information. This June 1, 1996, permitted manufacturers requested again that NHTSA permit flexibility will only be available for up and suppliers to use procedures that are vehicle manufacturers and allied to 10 percent, by value, of a carline’s expected to yield similar results to the suppliers to make good-faith content total parts content from outside full procedures set forth in Part 583. determinations when their outside suppliers, and only for carlines offered NHTSA provided this temporary suppliers fail to do so. for sale prior to January 1, 1997. It will alternative approach in the 1994 final AAMA and GM made several also only be available where rule because there was insufficient arguments in support of their petitions. manufacturers or allied suppliers have remaining time, before the statutory date First, the petitioners stated that NHTSA made a good faith effort to obtain the for beginning to provide labeling took six months to respond to the earlier information. The agency is requesting information, for manufacturers to petition for reconsideration, leaving comments on whether to provide this or complete the full procedures. The only six weeks for manufacturers to similar added flexibility for a longer agency provided the one-year extension calculate U.S./Canadian content for period of time. of the temporary approach in light of a 1997 model year vehicles under new DATES: Effective date: The amendments substantial number of complex issues rules. They argued that it is made by this temporary rule are raised about the full procedures in the unreasonable to expect compliance with effective September 3, 1996. petitions for reconsideration and the this provision of the rule when the Comments: Comments must be time needed by the agency to address agency took so long to respond to the received on or before October 3, 1996. those issues. earlier petition. The agency completed its response to Second, AAMA and GM stated that ADDRESSES: Comments should refer to while NHTSA has concluded that the docket and notice number of this the initial set of petitions in a final rule automakers can easily cause supplier notice and be submitted to: Docket published in the Federal Register (60 FR 47878) on September 15, 1995. The compliance by contract, the supplier Section, Room 5109, National Highway agency made a number of changes to relationship is much more complex than Traffic Safety Administration, 400 reduce the burdens associated with whether the supplier provides one piece Seventh Street, SW., Washington, DC making content calculations and to of data to the purchaser. They argued 20590. (Docket Room hours are 9:30 produce more accurate information. that to expect a shift in production from a.m.–4 p.m., Monday through Friday.) NHTSA received one petition for one supplier to another for not FOR FURTHER INFORMATION CONTACT: For reconsideration of the September 1995 supplying AALA data is not realistic. non-legal issues: Mr. Orron Kee, Office final rule, from the American The petitioners also argued that even if of Planning and Consumer Programs, Automobile Manufacturers Association a non-responsive supplier is penalized National Highway Traffic Safety (AAMA). That organization re-raised an under the contract, the penalty paid to Administration, 400 Seventh Street, issue that it had raised in its first the manufacturer is not compensatory SW., Washington, DC 20590 (202–366– petition, concerning a provision in Part because the ‘‘damages’’ that result are 0846). 583 which specifies that the U.S./ not financial but result in an For legal issues: Mr. J. Edward Canadian content of components is understated U.S./Canadian content Glancy, Office of Chief Counsel, defaulted to zero if outside suppliers fail value for the manufacturer’s vehicles. National Highway Traffic Safety to respond to a manufacturer’s or allied Third, AAMA and GM argued that Administration, 400 Seventh Street, supplier’s request for content any procedure that requires 100 percent SW., Washington, DC 20590 (202–366– information. compliance and does not provide 2992). On April 19, 1996, NHTSA published alternative approaches to determine the SUPPLEMENTARY INFORMATION: in the Federal Register (61 FR 17253) a result will understate the U.S./Canadian notice denying AAMA’s petition. The value and provide false information to Background agency explained that it believes that the consumer. Finally, AAMA and GM On July 21, 1994, NHTSA published the ability to obtain the necessary stated that NHTSA permits outside in the Federal Register (59 FR 37294) a content information from suppliers is suppliers to make certain ‘‘best effort’’ new regulation, 49 CFR Part 583, within the control of the vehicle determinations of where value was Automobile Parts Content Labeling, to manufacturers. added, and argued that it is inequitable implement the American Automobile not to permit allied suppliers and Labeling Act (Labeling Act). That Act, Petitions for Rulemaking vehicle manufacturers this same which is codified at 49 U.S.C. 32304, NHTSA has received petitions for flexibility. requires passenger motor vehicles to be rulemaking from AAMA (on behalf of Representatives of GM met with labeled with information about their some of its members) and General NHTSA staff on June 12 to provide domestic and foreign parts content. Motors (GM) which again raise concerns additional information in support of Interested persons are encouraged to about the provision in Part 583 which that company’s petition. Among other read the July 1994 notice for a detailed specifies that the U.S./Canadian content things, they discussed a letter which explanation of this program. of components is defaulted to zero if Chrysler had sent to NHTSA Deputy NHTSA received several petitions for suppliers fail to respond to a Administrator Philip R. Recht on May 9 reconsideration of the July 1994 final manufacturer’s or allied supplier’s concerning Chrysler’s success in Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations 46387 obtaining information from suppliers. only once per model year for a carline. program is still a relatively new Chrysler’s letter, from Vice Chairman Subsequent to the meeting, GM sent the program. Indeed, model year 1997 is the and Chief Administrative Officer T. G. agency a list of its 1997 model year first year for which the full content Denomme, read as follows: startup dates. Most of the startup dates calculation procedures of Part 583 are At our recent meeting with Secretary Pen˜ a, were between late June and very early required, i.e., the temporary alternative I mentioned that we were not experiencing August, with many in the middle of procedures are not available. much success with our suppliers on July. The agency believes that GM has demonstrated that it has been making submitting information required under Response to Petitions labeling legislation. You asked if we had significant efforts in recent months to leveraged our suppliers on this issue. NHTSA notes that the AAMA and GM obtain content information from non- After our meeting, I got into the issue in petitions re-raise many issues which the responsive suppliers. Moreover, GM has more detail. As it turns out, you were correct agency has addressed at length in shown that, despite those efforts, it is on this one. We had not pushed the suppliers responding to previous petitions. Since having difficulty obtaining information hard enough. On April 25, only 46% of our the petitions did not provide any new for the last portion of a carline’s content. suppliers had returned the labeling forms arguments significantly different from (873 suppliers out of 1,924 total). With a Finally, NHTSA believes that, all renewed effort on our part, by May 7 we had the ones previously offered by the other things being equal, a good faith pushed that figure to 81% response with an petitioners, the agency is not changing content determination by a vehicle expectation of getting well into the 90% level its views with respect to those basic manufacturer or allied supplier of by this summer. issues. equipment it receives is likely to be I send you this because I did not want to However, based on the new more accurate than simply applying a leave you with the wrong impression on this information provided by AAMA and ‘‘default-to-zero’’ provision. Thus, issue. It now appears Chrysler should be in GM, NHTSA has decided that a very adoption of today’s amendment should position to not only comply with the terms narrow, temporary change should be result in more accurate information for of the legislation, but also to have virtually made in the content calculation consumers. all of our suppliers reporting as well. procedures. The agency is amending The agency recognizes, of course, that The GM representatives stated that Part 583 to provide that, in limited the most accurate determinations are GM’s situation is different than situations where outside suppliers have those provided by the outside suppliers Chrysler’s because of several factors. not responded to requests for content themselves, since they obviously have GM said it has more than 13,000 information, allied suppliers and much more complete information about suppliers, while Chrysler has 1,924. GM manufacturers are permitted to make the content of the equipment they is highly vertically integrated; Chrysler those content calculations. This manufacture than the purchaser. is not. Because of vertical integration, flexibility will only be available if the Therefore, the agency must consider GM must trace parts through multiple allied supplier or manufacturer has a whether its actions would have the tiers internally and externally. Finally, good faith basis for making the effect of reducing the incentives for the GM representatives stated that their calculation. Moreover, this flexibility outside suppliers to provide the company’s multiplicity of carlines will only be available for up to 10 required information, or for the vehicle makes the determination of domestic percent, by value, of a carline’s total manufacturers to make efforts to obtain content more complex. parts content from outside suppliers. the information. The GM representatives also Finally, the flexibility will only be NHTSA has concluded that adoption discussed their efforts to obtain available where manufacturers or allied of today’s temporary amendment will certificates from outside suppliers. A suppliers have made a good faith effort not reduce incentives for outside number of GM employees have been to obtain the information. suppliers or vehicle manufacturers for working full-time for the past several Today’s amendment applies only to model year 1997. Given that the vehicle weeks to obtain certificates from outside carlines offered for sale before January manufacturers are already in the final suppliers who have not responded to 1, 1997. The agency has not decided stages of making content calculations for previous requests. whether the applicability of the these vehicles, today’s amendment The GM representatives indicated amendment, or a similar one, should be should not have any effect on whether that, despite these efforts, the stated extended past that date. However, the outside suppliers provide, or do not domestic content of some of GM’s cars agency is requesting comments on that provide, the required information for will fall by about 10 percentage points issue. model year 1997. However, the agency (e.g., from 95% in model year 1996 to NHTSA is issuing today’s amendment will consider this issue further in 85% in model year 1997), solely as a in light of several factors. On the one deciding whether to extend the result of defaulting non-reporting hand, NHTSA believes that Chrysler’s applicability of today’s temporary supplier content to zero domestic experience demonstrates that the ability amendment. NHTSA also emphasizes content. They also discussed, by way of to obtain the necessary content that today’s amendment does not excuse example, a vehicle for which GM has information from suppliers is within the outside suppliers for failure to comply had particular difficulty ‘‘getting the last control of the vehicle manufacturers. with Part 583. 9% [of content] identified.’’ However, the agency also agrees that The agency notes that today’s The GM representatives argued that, there are differences between Chrysler temporary amendment is much unless the agency provides immediate and GM, related to number of suppliers narrower than the temporary one relief, consumers will receive and degree of vertical integration, which requested by AAMA and GM. The information about that company’s make efforts by GM to obtain content petitioners requested a six-month vehicles which is inaccurate. The need information from its suppliers extension of the temporary procedures for immediate relief arises from the fact considerably more complex. that have been in place for the last two that the vehicle manufacturers are in the The agency has previously recognized years. However, they raised concerns final stages of making content that a certain amount of confusion is about only one of Part 583’s provisions, calculations for their model year 1997 likely during the time period when a the one concerning non-responsive vehicles. Under the content labeling new program, such as content labeling, outside suppliers. AAMA and GM did program, these calculations are made is implemented. The content labeling not give any reasons why the agency 46388 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations should provide flexibility for other groups and/or the agency’s efforts to extended for a longer period of time. aspects of the content labeling limit the regulatory burdens associated The agency believes that the guiding calculation procedures. Therefore, the with the content labeling program. For principle for making this decision agency declines to provide relief related example, a significant reason why the should be the statutory direction to other sections. agency permits outside suppliers to specifying that regulations promulgated In addition, as noted above, the added make good faith estimates of the U.S./ under the Labeling Act are to provide flexibility is limited to no more than 10 Canadian content of the materials they the ultimate purchaser of a new percent, by value, of a carline’s total purchase is that, unlike the situation for passenger motor vehicle with the best parts content from outside suppliers. allied suppliers, suppliers to outside and most understandable information The relief is thus tailored to the fact that suppliers are not required, by statute or possible about the foreign and U.S./ the problem faced by the vehicle regulation, to provide certificates of Canadian origin of the equipment of the manufacturers is in obtaining the last content. vehicles without imposing costly and portion of outside content value for NHTSA finds that the issuance of this unnecessary burdens on the particular carlines. Also, the final rule without prior opportunity for manufacturers. 49 U.S.C. 32304(e). amendment ensures that the added comment is necessary in view of the There is no question that the ‘‘best’’ flexibility can only be used for a very immediate difficulties that some determinations of the content of small portion of a carline’s total outside manufacturers, including GM, are equipment provided by outside content, and that the vast majority of having obtaining content information suppliers are those provided by the U.S./Canadian content determinations from a number of outside suppliers, and suppliers themselves, since they will be based on supplier certificates. the fact that the manufacturers are obviously have much more complete This flexibility will also only be necessarily in the final stages of making information about the content of the available where manufacturers or allied content determinations for their model equipment they manufacture than the suppliers have made a good faith effort year 1997 vehicles. Unless the agency purchaser. There is also no question that to obtain the information. NHTSA is not amends the standard on an immediate the Labeling Act contemplates the including a specific definition of what basis, consumers will receive less vehicle manufacturers basing their constitutes ‘‘good faith effort’’ in today’s accurate content information for model content calculations on certificates final rule. However, the agency intends year 1997 vehicles. NHTSA also finds provided by the outside suppliers, and the term to mean at least some effort good cause to establish an immediate that outside suppliers are statutorily beyond the request for information and effective date for this final rule. In the required to provide this information. certificates that is required by Part 583, absence of an immediate effective date, See 49 U.S.C. 32304(e). Thus, the only e.g., some kind of follow-up effort. the manufacturers could not avail NHTSA will not provide specific question is the extent, if any, to which themselves of the added flexibility in the agency should provide alternatives responses to all of the other issues making content determinations for their raised by AAMA and GM in their to address situations where outside model year 1997 vehicles. The final rule suppliers fail to provide the required petitions, because the agency has does not impose any new requirements responded to many of those issues in information despite being asked to do so but instead provides additional by the vehicle manufacturers. previous notices. The agency flexibility to manufacturers in making As indicated above, an important specifically incorporates by reference its content determinations. responses to these issues set forth in the NHTSA notes that, since model year consideration is whether such September 15, 1995 and April 19, 1996 1997 production has begun for some alternatives would have the effect of notices referenced earlier in this carlines, some vehicles have probably reducing the incentives for outside document. already been labeled. Given the suppliers to provide the required However, the agency will address two circumstances of today’s final rule, the information, or for the vehicle issues. First, NHTSA rejects the agency believes it would be appropriate manufacturers to make efforts to obtain suggestion that it should amend Part for manufacturers to re-label these the information. It is clear that the 583 because it took six months to vehicles, should they wish to do so.1 In ‘‘default-to-zero’’ provision does respond to AAMA’s earlier petition for such an instance, however, NHTSA provide significant incentives in this reconsideration. NHTSA’s regulations urges manufacturers to take steps to regard. Therefore, the agency will not clearly specify that the filing of a prevent confusion when consumers simply drop that provision. petition for reconsideration does not compare the labels of vehicles within To the extent that the non-responsive mean that a rule does not take effect. the same carline manufactured at supplier problem experienced by GM is See 49 CFR 553.35(d). different times. For example, likely to continue, it could be argued Second, the agency does not believe manufacturers could take steps to re- that, at some point, the costs of there is anything inequitable about label all of the vehicles within a carline obtaining the last portion of outside providing different procedures for that have not yet been sold to a supplier content value for a particular outside and allied suppliers. The consumer. Alternatively, the revised carline become unreasonable. This Labeling Act establishes vastly different label could include a note indicating argument could be used to support procedures for outside and allied that the carline percentages have been extending the temporary amendment. suppliers. For example, in making revised during the model year. The length of such extension would domestic content calculations, outside The second issue to be considered is depend on how long the problem was suppliers need determine only whether whether the applicability of today’s likely to continue. an item of equipment has at least 70 amendment, or a similar one, should be On the other hand, NHTSA is not percent U.S./Canadian content, while convinced that the vehicle allied suppliers must make precise 1 While content percentages are ordinarily manufacturers cannot ultimately obtain calculations based on certificates from calculated only once for a carline for a particular the necessary content information from outside suppliers. The differences in model year, NHTSA has previously concluded that, essentially 100 percent of their under special circumstances, manufacturers may Part 583’s procedures for outside and revise the carline percentages. See interpretation suppliers, without costly efforts. The allied suppliers reflect the specific letter to Diamond Star Motors dated February 10, agency included the following statutory differences for these two 1995. discussion in its March 16, 1996 notice Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations 46389 denying AAMA’s earlier petition on this providing the information (information made specified good-faith efforts to subject: that they are, in any event, required by obtain the information from an outside NHTSA notes that AAMA’s petition did Federal law to provide). supplier (beyond the initial request to not discuss whether its member companies In addition to providing an extra the supplier)? If so, what good-faith experienced difficulty in obtaining content incentive for outside suppliers, such efforts should be specified in the information from suppliers in the presence or contractual provisions would provide regulation, e.g., certain contractual absence of specific contractual provisions an educational function. AAMA stated provisions, follow-up letters and/or intended to ensure the provision of content in its petition that ‘‘suppliers that phone calls, etc.? information by suppliers. As stated in the deliberately do not respond cite the NHTSA recognizes that, to the extent September 1995 notice, outside suppliers are uncompensated cost to establish the dependent on the vehicle manufacturers for information on content in their parts, commenters argue that a somewhat their business. Therefore, the agency different amendment should apply to believed, and continues to believe, that the the increased employees to calculate the data, and the burdens they already face models introduced after December 31 of ability to obtain the necessary content this year, those arguments may bear also information is within the control of the in generating multiple content reports vehicle manufacturers. such as for NAFTA, AALA, CAFE and on the appropriateness of the relief The purpose of including any specific others each with its own rules.’’ These provided up to that date. However, provision in a business contract is to make sorts of explanations by suppliers given the imminence of the introduction observance of the terms of that provision a suggest that they were unaware of the of most model year 1997 vehicles, it is required element of the business need to provide content information not clear whether it would be feasible to relationship. Just as such things as meeting when they signed their contracts. The consider amendments to the relief material specifications, strength requirements inclusion of a specific contract provided for models introduced before and specified time of delivery are a necessary December 31. Nonetheless, the agency part of a supplier’s doing business with a provision concerning the need to vehicle manufacturer and are ensured by provide content information would invites commenters to address this provisions included in contractual make suppliers aware of this obligation. issue. Moreover, to accommodate the agreements, the providing of content While the costs of providing content possibility of making such an information can also be made a necessary information may not be compensated amendment, the agency expediting the part of that business relationship and be directly, such costs are simply a comment process by limiting the reflected in the purchase contract. necessary part of doing business. comment period to 30 days. Moreover, just as liquidated damages Assuming that suppliers are aware of clauses can be inserted in a contract for For the reasons discussed above, failure to comply with any other part of the these costs, they will presumably NHTSA is granting the AAMA and GM contract, so can such a provision be included consider them in negotiating their petitions to the extent reflected in for failure to provide timely content reports. contracts, just as they consider other today’s final rule and request for If a supplier knows that it will be paid less costs of doing business. comments. The petitions are otherwise money if it fails to provide content As indicated above, NHTSA has not denied. information, it will have a strong incentive to decided whether to extend today’s provide the information. amendment beyond December 31 of this Rulemaking Analyses and Notices The agency also notes that the supplier year, but is requesting comments on this industry is highly competitive. If one issue. The agency requests commenters A. Executive Order 12866 (Regulatory supplier is unwilling to agree to provide to address the following questions: Planning and Review) and DOT content information (an agreement to do no Regulatory Policies and Procedures more than comply with existing Federal law), 1. Can the problems being other suppliers would step in to take experienced by some vehicle This rulemaking document was not manufacturers with non-responsive advantage of the opportunity for new reviewed under Executive Order 12866. suppliers be resolved by contractual business. NHTSA has considered the economic For the above reasons, including those provisions? Have the vehicle implications of this regulation and presented in the September 1995 notice, manufacturers experiencing these determined that it is not significant NHTSA continues to believe that the vehicle problems included specific provisions within the meaning of the DOT manufacturers will be able to obtain the concerning content labeling in their Regulatory Policies and Procedure. required content information from their contracts? If not, why? If such suppliers. Today’s amendments will not affect provisions are not included in contracts, manufacturer or supplier costs. They As indicated above, AAMA and GM how long would it take to add them? simply provide additional flexibility to argued in their new petitions that even Are there other ways to resolve these vehicle manufacturers and their allied if a non-responsive supplier is problems, particularly without costly suppliers in making content penalized under the contract, the efforts by the vehicle manufacturers? penalty paid to the manufacturer is not 2. If the agency were to extend the calculations. compensatory because the ‘‘damages’’ applicability of today’s amendment B. Regulatory Flexibility Act cannot offset the effects of understating beyond December 31 of this year, how the U.S./Canadian content value for the long should the extension be? Should In accordance with the Regulatory manufacturer’s vehicles. NHTSA such an extension continue to provide Flexibility Act, NHTSA has evaluated believes, in contrast, that the contractual the same type and degree of flexibility, the effects of this action on small provisions would help ensure that i.e., flexibility for up to 10 percent, by entities. Based upon this evaluation, I outside suppliers provide content value, of a carline’s total parts content certify that the final rule will not have information without the need to actually from outside suppliers? Would another a significant economic impact on a impose ‘‘damages.’’ The agency believes value, or a somewhat different means substantial number of small entities. outside suppliers would not sign for providing flexibility, be more Today’s amendments simply provide contracts that they planned to violate. appropriate? additional flexibility to vehicle Also, given that it is not very costly to 3. If the agency provides flexibility manufacturers and their allied suppliers provide content information, it would past December 31 of this year, should in making content calculations. be irrational for outside suppliers to the flexibility be limited to situations Therefore, a regulatory flexibility decide to pay damages instead of simply where the vehicle manufacturers have analysis is not required for this action. 46390 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations

C. Executive Order 12612 (Federalism) rulemaking action will be considered as added determinations as would be made This action has been analyzed in suggestions for further rulemaking by the outside supplier, i.e., whether 70 accordance with the principles and action. Comments on the document will percent or more of the value of criteria contained in Executive Order be available for inspection in the docket. equipment is added in the United States 12612, and it has been determined that The NHTSA will continue to file and/or Canada; the final rule did not have sufficient relevant information as it becomes (ii) The manufacturer or allied Federalism implications to warrant available in the docket after the closing supplier shall consider the amount of preparation of a Federalism Assessment. date, and recommends that interested value added and the location in which No state laws are affected. persons continue to examine the docket the value was added for all of the stages for new material. that the outside supplier would be D. Executive Order 12778 (Civil Justice Those persons desiring to be notified required to consider; Reform) upon receipt of their comments in the (iii) The manufacturer or allied This final rule does not have any rules docket should enclose a self- supplier may determine that the value retroactive effect. States are preempted addressed, stamped postcard in the added in the United States and/or from promulgating laws and regulations envelope with their comments. Upon Canada is 70 percent or more only if it contrary to the provisions of this rule. receiving the comments, the docket has a good faith basis to make that The rule does not require submission of supervisor will return the postcard by determination; a petition for reconsideration or other mail. (iv) A manufacturer and its allied administrative proceedings before List of Subjects in 49 CFR Part 583 suppliers may, on a combined basis, parties may file suit in court. make value added determinations for no Motor vehicles, Imports, Labeling, more than 10 percent, by value, of a E. National Environmental Policy Act Reporting and recordkeeping carline’s total parts content from outside The agency has considered the requirements. suppliers; environmental implications of this rule In consideration of the foregoing, 49 (v) Value added determinations made in accordance with the National CFR part 583 is amended as follows: by a manufacturer or allied supplier Environmental Policy Act of 1969 and under this paragraph shall have the determined that this rule will not PART 583ÐAUTOMOBILE PARTS same effect as if they were made by the significantly affect the human CONTENT LABELING outside supplier; environment. 1. The authority for part 583 (vi) This provision does not affect the Comments continues to read as follows: obligation of outside suppliers to provide the requested information. Interested persons are invited to Authority: 49 U.S.C. 32304, 49 CFR 1.50, submit comments on this document. It 501.2(f). Issued on: August 28, 1996. is requested but not required that 10 2. Section 583.6 is amended by Ricardo Martinez, copies be submitted. revising paragraph (c)(5) and adding Administrator. All comments must not exceed 15 paragraph (c)(6) to read as follows: [FR Doc. 96–22409 Filed 8–28–96; 5:08 pm] pages in length (49 CFR 553.21). BILLING CODE 4910±59±P Necessary attachments may be § 583.6 Procedure for determining U.S./ appended to these submissions without Canadian parts content. regard to the 15-page limit. This * * * * * DEPARTMENT OF THE INTERIOR limitation is intended to encourage (c) * * * commenters to detail their primary (5) Except as provided in paragraph Fish and Wildlife Service arguments in a concise fashion. (c)(6) of this section, if a manufacturer If a commenter wishes to submit or allied supplier does not receive 50 CFR Part 32 certain information under a claim of information from one or more of its RIN 1018±AD76 confidentiality, three copies of the suppliers concerning the U.S./Canadian complete submission, including the content of particular equipment, the 1996±97 Refuge-Specific Hunting and purportedly confidential business U.S./Canadian content of that Sport Fishing Regulations information, should be submitted to the equipment is considered zero. This Chief Counsel, NHTSA, at the street provision does not affect the obligation AGENCY: Fish and Wildlife Service, address given above, and seven copies of manufacturers and allied suppliers to Interior. from which the purportedly confidential request this information from their ACTION: Final rule. information has been deleted should be suppliers or the obligation of the submitted to the NHTSA Docket suppliers to provide the information. SUMMARY: The Fish and Wildlife Service Section. A request for confidentiality (6) For carlines which are first offered (Service) amends certain regulations should be accompanied by a cover letter for sale to ultimate purchasers before that pertain to migratory game bird setting forth the information specified in January 1, 1997, if a manufacturer or hunting, upland game hunting, big game the agency’s confidential business allied supplier requests information in a hunting and sport fishing on individual information regulation. 49 CFR Part 512. timely manner from one or more of its national wildlife refuges for the 1996–97 All comments received by NHTSA outside suppliers concerning the U.S./ seasons. Refuge hunting and fishing before the close of business on the Canadian content of particular programs are reviewed annually to comment closing date indicated above equipment, but does not receive that determine whether the individual refuge will be considered, and will be available information despite a good faith effort to regulations governing these programs for examination in the docket at the obtain it, the manufacturer or allied should be modified, deleted or have above address both before and after that supplier may make its own good faith additions made to them. Changing date. To the extent possible, comments value added determinations, subject to environmental conditions, State and filed after the closing date will also be the following provisions: Federal regulations, and other factors considered. Comments received too late (i) The manufacturer or allied affecting wildlife populations and for consideration in regard to this supplier shall make the same value habitat may warrant modifications Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations 46391 ensuring continued compatibility of or fishing programs and invited public refuge; (2) illegal shooting from dikes is hunting and fishing with the purposes comment. well documented and the Service for which individual refuges were The State of New Jersey, Department should take all necessary steps to established. The Service determines that of Environmental Protection, Division of eliminate this activity, particularly on such use is compatible with the Fish, Game and Wildlife, commented those areas that lie between closed purposes for which these refuges were that the proposed rule did not include (security) areas where low flying established. The Service further any openings for sport fishing in New trumpeters are observed; and (3) the determines that this action is in Jersey. This concern has been forwarded Service should consider the kind of accordance with the provisions of all to the Service’s Regional Director, regulations and recovery effects that applicable laws, is consistent with having jurisdiction in New Jersey. To would exist if the trumpeter were listed principles of sound fish and wildlife open new fishing programs in New under the ESA. They suggest that these management, and is otherwise in the Jersey, a separate rulemaking is same recovery goals should be in effect public interest by providing additional necessary. The refuge managers, in at this time; and refuge regulations recreational opportunities at national consultation with other Fish and clearly allow for an excessive and wildlife refuges. Wildlife Service offices and the New unreasonable incidental take (mortality) EFFECTIVE DATE: This rule is effective Jersey Division of Fish, Game and of trumpeters in contradiction to the September 3, 1996. Wildlife, will determine whether to Migratory Bird Treaty Act. open additional public fishing areas on The Service has reviewed the above FOR FURTHER INFORMATION CONTACT: refuges in New Jersey through a comments regarding proposed changes Stephen R. Vehrs, (703) 358–2397. compatible use determination process. in waterfowl hunting regulations at the SUPPLEMENTARY INFORMATION: 50 CFR The State of Utah, Department of Bear River Migratory Bird Refuge. A part 32 contains provisions governing Natural Resources, Division of Wildlife number of alternatives were considered hunting and fishing on national wildlife Resources commented that the proposed while trying to improve the swan hunt refuges. Hunting and fishing are regulations for Bear River Migratory with a minimum impact to waterfowlers regulated on refuges to: Bird Refuge were overly restrictive and birdwatchers. The Service • Ensure compatibility with refuge regarding: (1) The requirement for cased considered: assigning blinds; limiting purposes; or dismantled firearms while being hunter numbers; closing portions of the • Properly manage the fish and carried and/or transported on the refuge, Refuge to swan hunting; requiring wildlife resource; since this regulation is more restrictive • check-in and check-out; limiting Protect other refuge values; and than State law; (2) refuge closure 90 • shooting hours and requiring swan Ensure refuge user safety. minutes after hunting hours, where at hunters to pass a special training class. On many refuges, the Service policy least two hours should be allowed; and The requirement for all guns, when of adopting State hunting and fishing (3) a ten-shell limit for swan hunting not being used in the act of hunting, to regulations is adequate in meeting these could create a significant law be dismantled or cased when in vehicles objectives. On other refuges, it is enforcement problem. is a System-wide regulation contained necessary to supplement State The Humane Society of the United in 50 CFR 27.42(b), therefore, the regulations with more restrictive States (HSUS) generally supports the proposed refuge specific regulation for Federal regulations to ensure that the changes made to the refuge regulations, Bear River is removed from this final Service meets its management but expressed concern about hunting rule. responsibilities, as outlined under the tundra swans on this refuge and other The Service will extend the refuge section entitled ‘‘Statutory Authority.’’ national wildlife refuges. They were closing time from the proposed ninety Refuge-specific hunting and fishing supportive of steps taken by the refuge minutes to two hours after shooting time regulations may be issued only after a manager to better regulate the swan ends. This will allow adequate time for wildlife refuge is opened to migratory hunt. The HSUS further recommends avid hunters with decoys to traverse game bird hunting, upland game that the number of shotshells used to remote areas of the refuge during hunting, big game hunting or sport hunt swans be limited to five shells. darkness. However, we remain fishing through publication in the The Fund for Animals Inc. concerned with the possibility of Federal Register. These regulations may commented on the proposed 1995–96 increased wildlife disturbance, lost or list the wildlife species that may be late season migratory bird hunting injured hunters and those who may hunted or are subject to sport fishing, frameworks, 60 FR 44463 (August 28, avoid being checked by enforcement seasons, bag limits, methods of hunting 1995), and the Draft Bear River Refuge officers. Refuge patrol plans will be or fishing, descriptions of open areas, Hunt Plan Environmental Assessment made to specifically address these and other provisions as appropriate. (DEA). Both of these documents follow issues. Previously issued refuge-specific a separate public comment process and The Service feels it is important to regulations for hunting and fishing are therefore will be responded to retain the regulation requiring a 10-shell contained in 50 CFR part 32. Many of elsewhere and not addressed in this possession limit for swan hunting. the amendments to these sections are rulemaking. Hunters may reasonably expect to be being promulgated to standardize and The Biodiversity Legal Foundation successful within this 10-shell limit. clarify the existing language of these (BLF) commented that regulations for This technique has worked well at other regulations. Bear River Migratory Bird Refuge are refuges, along with modified law Text in this final rule is somewhat insufficient to protect and encourage enforcement techniques, to minimize different than that used in the proposed adequate restoration of the trumpeter shooting at out-of-range birds. rule because it reflects conformity to swan in Utah. They specifically In an effort to improve the overall plain English writing standards. In the recommend: (1) The refuge be closed 60 quality of refuge visits for both hunters June 24, 1996, issue of the Federal minutes after shooting time to and birdwatchers, time and space Register (61 FR 32415–32422) the discourage sky-busting and the resultant zoning will be used to better separate Service published a proposed crippling of swans. They feel this is the two activities. rulemaking containing a description of more than sufficient time to accumulate The Refuge Manager understands the the refuges, their proposed hunting and/ all equipment and depart from the above concerns about hunting at the 46392 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations

Bear River NWR, and will continue to regulations, in many cases, to ensure the fishing, and boating in area wetlands, consult with representatives of the Utah compatibility of the programs with the rivers and lakes. Refuge lands generally Division of Wildlife Resources, The purposes for which the refuge was were not available for public use prior Humane Society of the United States, established. An interim determination to government acquisition; however, The Fund for Animals, Inc. and the of compatibility for hunting and sport friends and relatives of the landowners Biodiversity Legal Foundation. The fishing on newly acquired refuges, made fished and hunted there and some lands Refuge Manager will closely monitor at the time of acquisition, ensures initial operated under commercial hunting and this year’s hunt program and has ample compliance with the NWRSAA and the fishing leases. Many nearby residents authority to place greater restrictions, RRA. This process ensures the also participate in other forms of amend, and/or relax these refuge determinations required by these acts nonconsumptive outdoor recreation specific hunting requirements during were made prior to the addition of such as biking, hiking, camping, the course of the season with local, refuges to the lists of areas open to birdwatching, canoeing, and other public/hunter notice in accordance with hunting and fishing in 50 CFR part 32. outdoor sports. 50 CFR,32.3(f). The Service ensures continued Economic impacts of refuge fishing This rule is effective upon compliance by the development of long- and hunting programs on local publication. The Service has determined term hunting and sport fishing plans communities are calculated from that any further delay in the and by annual review of hunting and average expenditures in the ‘‘1995 implementation of these refuge-specific sport fishing programs and regulations. National Survey of Fishing, Hunting, hunting and sport fishing regulations The Service determines that this and Wildlife-Associated Recreation’’. In would not be in the public interest in action is in accordance with the 1995, 42 million U.S. residents 16 years that it would hinder the effective provisions of all applicable laws, is old and older hunted and/or fished. planning and administration of the consistent with principles of sound fish More specifically, 37 million fished and hunting and fishing programs. The and wildlife management, helps 14.5 million hunted. Those who both Service received public comment on implement Executive Order 12962 fished and hunted account for the 9.5 these proposals during the 30-day (Recreational Fisheries), and is million overage. Nationwide comment period and delay of an otherwise in the public interest by expenditures by sportsmen totaled $42 additional 30 days would jeopardize providing additional recreational billion. Trip-related expenditures for holding the hunting and/or fishing opportunities at national wildlife food, lodging, and transportation were programs this year, or shorten their refuges. Sufficient funds are available $16 billion or 37 percent of all fishing duration and thereby lessen the within the refuge budgets to operate the and hunting expenditures; equipment management effectiveness of this hunting and sport fishing programs as expenditures amounted to $19 billion, regulation. Therefore, the Service finds proposed. or 46 percent of the total; other good cause to make this rule effective expenditures such as those for upon publication (5 U.S.C. 553(d)(3)). Paperwork Reduction Act magazines, membership dues, The Service has examined this contributions, land leasing, ownership, Statutory Authority regulation under the Paperwork licenses, stamps, tags, and permits The National Wildlife Refuge System Reduction Act of 1995 and has found it accounted for $6.9 billion, or 16 percent Administration Act (NWRSAA) of 1966, to contain no information collection of all expenditures. Overall, anglers as amended (16 U.S.C. 668dd), and the requirements. spent an average of $41 per day. For Refuge Recreation Act of 1962 (16 each day of hunting, big game hunters Economic Effect U.S.C. 460k) govern the administration averaged spending $40, small game and public use of national wildlife Service review has revealed that the hunters $20, and migratory bird hunters refuges. Specifically, Section 4(d)(1)(A) rulemaking will increase hunter and $33. of the NWRSAA authorizes the fishermen visitation to the surrounding At these 40 National Wildlife Refuges Secretary of the Interior to permit the area of the refuges before, during or after in 24 states, 816,000 fisherman are use of any area within the Refuge the recreational uses, compared to expected to spend $33.5 million System for any purpose, including but closing the refuges to these recreational annually in pursuit of their sport, while not limited to, hunting, fishing, and uses. When the Service acquired these an estimated 203,000 hunters will spend public recreation, accommodations, and lands, all public use ceased under law $6.7 million annually hunting on the access, when he determines that such until opened to the public in accordance refuges. While many of these fishermen uses are compatible with the major with this rulemaking. and hunters already made expenditures purpose(s) for which the area was Refuges generally are located away prior to the refuge opening, additional established. from large metropolitan areas. expenditures directly are due to the new The Refuge Recreation Act (RRA) Businesses in the area of the refuges recreational opportunities being authorizes the Secretary to administer consist primarily of small family-owned provided by the land now being open to areas within the Refuge System for stores, restaurants, gas stations and the general public. public recreation as an appropriate other small commercial enterprises. In This rulemaking was not subject to incidental or secondary use only to the addition, there are several small Office of Management and Budget extent that it is practicable and not commercial and recreational fishing and review under Executive Order 12866. A inconsistent with the primary hunting camps and marinas in the review under the Regulatory Flexibility purpose(s) for which the areas were general areas. This rule has a positive Act of 1980 (5 U.S.C. 601 et seq.) has established. The NWRSAA and the RRA effect on such entities; however, the revealed that although the rulemaking also authorize the Secretary to issue amount of revenue generated is not would increase visitation and regulations to carry out the purposes of large. expenditures in the surrounding area of the Acts and regulate uses. Many area residents enjoy a rural the refuge, it would not have a The Service develops hunting and lifestyle that includes frequent significant effect on a substantial sport fishing plans for each existing recreational use of the abundant number of small entities in the area, refuge prior to opening it to hunting or resources of the area. A high percentage such as businesses, organizations and fishing. It also develops refuge-specific of the households enjoy hunting, governmental jurisdictions. Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations 46393

Environmental Considerations Minnesota 55111; Telephone (612) PART 32Ð[AMENDED] 725–3507. The Service ensures compliance with 1. The authority citation for Part 32 the National Environmental Policy Act Region 4—Alabama, Arkansas, Florida, continues to read as follows: of 1969 (NEPA) (42 U.S.C. 4332(C)) Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Authority: 5 U.S.C. 301; 16 U.S.C. 460k, when it develops hunting and sport 664, 668dd, and 715i. fishing plans, and the required Tennessee, South Carolina, Puerto determinations are made prior to the Rico and the Virgin Islands. Assistant § 32.7 [Amended] addition of refuges to the lists of areas Regional Director—Refuges and 2. Section 32.7 List of refuge units open to hunting and fishing in 50 CFR Wildlife, U.S. Fish and Wildlife open to hunting and/or fishing, is part 32. The Service reviewed the Service, 1875 Century Boulevard, amended by alphabetically adding the changes in hunting and fishing herein Room 324, Atlanta, Georgia 30345; listings ‘‘Windom Wetland Management adopted with regard to Section 7 of the Telephone (404) 679–7152. District’’ to the State of Minnesota; Endangered Species Act of 1973 (16 Region 5—Connecticut, Delaware, ‘‘William L. Finley National Wildlife U.S.C. 1531–1543) and found them to District of Columbia, Maine, Refuge’’ to the State of Oregon; ‘‘Upper either have no effect on or not likely to Maryland, Massachusetts, New Mississippi River National Wildlife and adversely affect listed species or critical Hampshire, New Jersey, New York, Fish Refuge’’ to the State of Wisconsin; habitat. The amendments of refuge- Pennsylvania, Rhode Island, Vermont, and revising the existing name of specific hunting and fishing regulations Virginia and West Virginia. Assistant ‘‘Patuxent Wildlife Research Center’’ to are subject to a categorical exclusion Regional Director—Refuges and read ‘‘Patuxent Research Refuge’’ in the from the NEPA process if they do not Wildlife, U.S. Fish and Wildlife State of Maryland. significantly alter the existing use of a Service, 300 Westgate Center Drive, 3. Section 32.23 Arkansas is amended particular national wildlife refuge. The Hadley, Massachusetts 01035; by adding paragraph D.3. to Cache River Service employs the exclusion found at Telephone (413) 253–8550. National Wildlife Refuge to read as 516 DM 6, App.1.4 B(5) as these Region 6—Colorado, Kansas, Montana, follows: amendments are ‘‘[m]inor changes in Nebraska, North Dakota, South § 32.23 Arkansas. the amounts or types of public use on Dakota, Utah and Wyoming. Assistant * * * * * FWS or State-managed lands, in Regional Director—Refuges and accordance with regulations, Wildlife, U.S. Fish and Wildlife Cache River National Wildlife Refuge management plans, and procedures.’’ Service, Box 25486, Denver Federal These refuge-specific hunting and * * * * * Center, Denver, Colorado 80225; D. Sport Fishing. * ** fishing revisions to existing regulations Telephone (303) 236–8145. * * * * * qualify or otherwise define an existing Region 7—Alaska. Assistant Regional hunting or fishing activity, for purposes 3. Fishermen must fish and frog in Director—Refuges and Wildlife, U.S. accordance with refuge regulations and of resource management. These Fish and Wildlife Service, 1011 E. documents are on file in the offices of applicable state fishing and frogging Tudor Rd., Anchorage, Alaska 99503; regulations. the Service and may be viewed by Telephone (907) 786–3545. contacting the primary author noted * * * * * below. Information regarding hunting Unfunded Mandates 4. Section 32.24 California is and fishing permits and the conditions amended by revising paragraph A.7., of that apply to individual refuge hunts The Service has determined and Lower Klamath National Wildlife and sport fishing activities, and maps of certifies pursuant to the Unfunded Refuge; and by revising paragraph A.2., the respective areas are at refuge Mandates Act, 2 U.S.C. 1502 et seq., that of Salton Sea National Wildlife Refuge headquarters and can be obtained from this rulemaking will not impose a cost to read as follows: of $100 million or more in any given the regional offices of the U.S. Fish and § 32.24 California. Wildlife Service at the addresses listed year on local or State governments or * * * * * below: private entities. Region 1—California, Hawaii, Idaho, Civil Justice Reform Lower Klamath National Wildlife Nevada, Oregon, and Washington. Refuge The Department has determined that Assistant Regional Director—Refuges these final regulations meet the A. Hunting of Migratory Game Birds. and Wildlife, U.S. Fish and Wildlife applicable standards provided in *** Service, Eastside Federal Complex, Sections 3(a) and 3(b)(2) of Executive * * * * * Suite 1692, 911 N.E. 11th Avenue, Order 12988. 7. Hunters may only use Portland, Oregon 97232–4181; nonmotorized boats and boats with Telephone (503) 231–6214. Primary Author electric motors on units 4b and 4c from Region 2—Arizona, New Mexico, Stephen R. Vehrs, Division of Refuges, the start of hunting season through Oklahoma and Texas. Assistant U.S. Fish and Wildlife Service, November 30. Hunters may use Regional Director—Refuges and Washington, DC 20240, is the primary motorized boats on units 4b and 4c from Wildlife, U.S. Fish and Wildlife author of this rulemaking document. December 1 through the end of hunting Service, Box 1306, Albuquerque, New season. Mexico 87103; Telephone (505) 766– List of Subjects in 50 CFR Part 32 * * * * * 1829. Fishing, Hunting, Reporting and Region 3—Illinois, Indiana, Iowa, Salton Sea National Wildlife Refuge recordkeeping requirements, Wildlife, A. Hunting of Migratory Game Birds. Michigan, Minnesota, Missouri, Ohio Wildlife refuges. and Wisconsin. Assistant Regional *** Director—Refuges and Wildlife, U.S. Accordingly, Part 32 of Chapter I of * * * * * Fish and Wildlife Service, Federal Title 50 of the Code of Federal 2. Hunters must hunt from assigned Building, Fort Snelling, Twin Cities, Regulations is amended as follows: blinds on the Union Tract and within 46394 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations

100 feet (.9144 meters) of blind sites on 12. Hunters must not shoot from revising paragraphs D.2. and D.5 of the Hazard Tract, except when shooting within 10 feet of any dike, roadway, or Chautauqua National Wildlife Refuge; to retrieve crippled birds. railroad fill. by revising paragraphs C.1. and D.1. of * * * * * 13. Hunters must remove decoys, Crab Orchard National Wildlife Refuge; 5. Section 32.28 Florida is amended boats, and other personal property from by revising Mark Twain National by revising paragraphs A. and D. of the refuge by 2:00 pm daily. Wildlife Refuge; by revising paragraphs Merritt Island National Wildlife Refuge 14. Refuge guides must purchase and D.1., D.2., D.3., adding paragraph D.4. of to read as follows: have Guide Permits on their person Meredosia National Wildlife Refuge; while in the field hunting. and revising paragraph A.1., adding § 32.28 Florida. 15. Hunters may not launch boats off paragraph A.3., revising paragraphs B.1., * * * * * Black Point Wildlife Drive. B.2. and B.3.; revising paragraphs C.1., 16. Hunters may not use air thrust Merritt Island National Wildlife Refuge C.2., and C.3. of Upper Mississippi boats, hovercraft, jetskis or similar craft River Wildlife and Fish Refuge to read A. Hunting of Migratory Game Birds. on refuge waters. as follows: Hunters may hunt ducks and coots in 17. Boats must not exceed ‘‘Idle designated areas of the refuge subject to Speed’’ in Bairs Cove nor 8 mph or § 32.32 Illinois. the following conditions: ‘‘Slow speed-Minimum Wake’’ in * * * * * 1. Hunters must possess a valid refuge Haulover Canal. Chautauqua National Wildlife Refuge hunting permit at all times while * * * * * hunting on the refuge. D. Sport Fishing. Fishermen may fish, * * * * * 2. Hunters may hunt only on crab, clam, oyster and shrimp in D. Sport Fishing. * ** Wednesday, Saturday, Sunday, and the designated areas of the refuge subject to * * * * * following holidays: Thanksgiving, the following conditions: 2. Anglers must not use more than Christmas, and New Years Day only 1. Fishermen may night fish from a two poles and each pole may not have within the designated state season. boat only in Mosquito Lagoon, Indian more than two hooks or lures attached 3. Hunters may hunt only in four River, Banana River, and Haulover while fishing in the Kikunessa Pool of designated areas of the refuge subject to Canal. All fishermen must possess a Chautauqua National Wildlife Refuge. delineation in the refuge hunting map valid refuge night fishing permit. * * * * * and brochure, including the open waters 2. Fishermen must attend their lines 5. The public may not enter Weis of Mosquito Lagoon, Indian River, and at all times. Lake on the Cameron-Billsbach Unit of designated impoundments outside the 3. Vehicles must use only designated Chautauqua National Wildlife Refuge NASA security area. public access routes and boat launching 4. Hunting hours are one-half hour areas north and south of Haulover from October 16 through January 14, to before sunrise until 1:00 pm. each Canal. provide sanctuary for migratory birds. hunting day. 4. Fishermen may not launch boats Crab Orchard National Wildlife Refuge 5. Hunters in Areas 1, 2 or 4 must from Black Point Wildlife Drive. * * * * * complete and carry proof of completing 5. Fishermen may not use air thrust C. Big Game Hunting. * ** an approved hunter safety training boats, hovercraft, jetskis or similar craft 1. Hunters must possess a special course. Hunters in Area 3 born after on refuge waters. permit issued by the Illinois Department June 1, 1975 must complete and carry 6. Fishermen may launch or moor of Natural Resources. proof of completing an approved hunter boats only between sunset and sunrise safety training course in accordance at Beacon 42 fish camp and Bairs Cove * * * * * with State law. at Haulover Canal Recreation Area. D. Sport Fishing. * ** 6. An adult 21 years of age or older 7. The public must not use motorized 1. Fishermen may fish from boats all must supervise and remain in sight and boats in the Banana River Manatee year west of Wolf Creek Road. normal voice contact with hunters sanctuary (north of KARS Park on the 2. From March 15 through September under the age of 16. west side of the Barge Channel and 30 fishermen may fish from boats east 7. The public must not enter the north of the Air Force power line on the of Wolf Creek Road. refuge between sunset and sunrise east side of the Barge Channel). This 3. Fishermen may fish from the bank except: hunters may access the refuge includes any boat having an attached east of Wolf Creek Road all year, but for waterfowl hunting only after 2:00 am motor or a non-attached motor that is only at the Wolf Creek and Route 148 each hunting day during waterfowl capable of use (including electric causeways. hunting season; and a valid refuge trolling motors). This regulation is in 4. Fishermen must remove trotlines hunting permit must be in possession effect throughout the year. and jugs west of Wolf Creek Road from during these times. 8. Boats must not exceed ‘‘Idle Speed’’ sunrise to sunset from Memorial Day 8. Hunters may not park along in Bairs Cove and KARS Marina nor 8 through Labor Day. Blackpoint Wildlife Drive or Playalinda mph or ‘‘Slow speed-Minimum Wake’’ 5. Fishermen must remove trotlines Beach Road for the purposes of in Haulover Canal. and jugs from the entire lake on the last waterfowl hunting. 9. The public must not enter the day of use. 9. Hunters may not trespass or hunt refuge between sunset and sunrise 6. Fishermen may anchor trotlines migratory game birds in refuge areas except fishermen may launch boats only with portable weights that are posted ‘‘AREA CLOSED’’. while fishing from Beacon 42 Fish removed from the water, along with the 10. Vehicles must use only designated Camp or Bairs Cove at Haulover Canal. trotlines and jugs. public access routes and boat launching Nighttime fishermen must also possess 7. Fishermen must not use stakes or areas north and south of Haulover a valid refuge fishing permit while employ any floatation device which has Canal. fishing on the refuge. previously contained any petroleum 11. Hunters must not construct * * * * * based materials or toxic substances. permanent above ground, or pit blinds, 6. Section 32.32 Illinois is amended 8. Fishermen may use all non- nor dig into dikes. by removing paragraph A.4., and commercial fishing methods except Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations 46395 those requiring underwater breathing 3. Hunters must not hunt at any time Ohio River Islands National Wildlife apparatus. within the Goose Island ‘‘No Hunting’’ Refuge * * * * * zone in Pool 8, nor Upper Halfway A. Hunting of Migratory Game Birds. Creek Marsh ‘‘No Hunting’’ zone in Pool Mark Twain National Wildlife Refuge Hunters may hunt migratory game birds 7. on designated areas of the refuge subject A. Hunting of Migratory Game Birds. * * * * * to the following conditions: Hunters may hunt migratory game birds C. Big Game Hunting. * ** 1. Each hunter must have in his on designated areas of the refuge subject 1. Hunters may only hunt until season possession a current copy of the Ohio to posted regulations. closure or March 15, whichever date River Islands National Wildlife Refuge B. Upland Game Hunting. Hunters occurs first. Hunting Regulations Leaflet while may hunt upland game on designated 2. Hunters may hunt on refuge areas participating in a refuge hunt. areas of the refuge subject to posted posted ‘‘Area Closed’’ beginning the day B. Upland Game Hunting. Hunters regulations. after the close of the applicable State may hunt rabbit and squirrel on 1. Hunters must possess and use only duck hunting season until season designated areas of the refuge subject to nontoxic shot while hunting all closure or March 15, whichever date the following conditions: permitted birds, except wild turkeys. occurs first. 1. Hunters must not use dogs for Hunters may possess and use lead shot 3. Hunters must not hunt at any time pursuit while rabbit hunting. for hunting wild turkey. on the Goose Island ‘‘No Hunting’’ zone 2. Hunters may only use shotguns for C. Big Game Hunting. Hunters may in Pool 8 and Upper Halfway Creek taking squirrels and rabbits. hunt white-tailed deer on designated Marsh ‘‘No Hunting’’ zone in Pool 7. 3. Each hunter must have in his areas of the refuge subject to posted * * * * * possession a current copy of the Ohio regulations. 7. Section 32.34 Iowa is amended by River Islands National Wildlife Refuge D. Sport Fishing. Fishermen may fish removing paragraph C.2., and Hunting Regulations Leaflet while on designated areas of the refuge subject redesignating paragraphs C.3. and C.4. participating in a refuge hunt. to posted regulations. as paragraphs C.2. and C.3. of Desoto 4. Hunters will possess and use, while in the field, only nontoxic shot. Meredosia National Wildlife Refuge National Wildlife Refuge; and by removing paragraphs C.6. and C.7. of C. Big Game Hunting. Hunters may * * * * * Driftless Area National Wildlife Refuge; hunt white-tailed deer on designated D. Sport Fishing. * ** areas of the refuge subject to the 1. Fishermen may sport fish on all and revising the introductory text of paragraph B. and paragraph B.2. of following conditions: refuge waters during daylight hours 1. Hunters may only archery hunt. from January 15 through October 15. Walnut Creek National Wildlife Refuge 2. Hunters may not hunt by organized 2. From October 16 through January to read as follows: deer drives of two or more hunters. The 14, fishermen may fish south of Carver § 32.34 Iowa. definition of a drive is: the act of Lake by foot access only. * * * * * chasing, pursuing, disturbing or 3. Private boats may not be left in otherwise directing deer so as to make refuge waters overnight. DeSoto National Wildlife Refuge the animals more susceptible to harvest. 4. Motorboats must not exceed ‘‘slow * * * * * 3. Hunters may not bait deer on refuge speed/minimum wake.’’ C. Big Game Hunting. *** lands. Upper Mississippi River National 4. Each hunter must have in his * * * * * possession a current copy of the Ohio Wildlife and Fish Refuge 2. Hunters must not construct or use River Islands National Wildlife Refuge permanent blinds, platforms or ladders A. Hunting of Migratory Game Birds. Regulations Leaflet while participating at any time. *** in a refuge hunt. 1. Hunters may not hunt migratory 3. Hunters must remove all hunting * * * * * birds on refuge closed areas posted stands from the refuge by the close of the season. 9. Section 32.37 Louisiana is amended ‘‘Area Closed’’, on the Goose Island ‘‘No by revising paragraph C.1., of Hunting’’ zone in Pool 8, and on the * * * * * D’Arbonne National Wildlife Refuge; by Upper Halfway Creek Marsh ‘‘No Walnut Creek National Wildlife Refuge revising paragraph A. of Lake Ophelia Hunting’’ zone in Pool 7. National Wildlife Refuge; and revising * * * * * * * * * * paragraph C.1. of Upper Ouachita B. Upland Game Hunting. Hunters 3. Hunters may only use and possess National Wildlife Refuge to read as may hunt ringnecked pheasants, nontoxic shot when hunting for any follows: permitted migratory bird. bobwhite quail, cottontail rabbits, and B. Upland Game Hunting. * ** squirrels on designated areas of the § 32.37 Louisiana. 1. Hunters may not hunt or possess refuge subject to the following * * * * * firearms between March 15 and the conditions: opening of the State fall hunting seasons * * * * * D’Arbonne National Wildlife Refuge except that hunters may hunt wild 2. Hunters may hunt from the opening * * * * * turkeys during the State spring turkey of state season until closed on the dates C. Big Game Hunting. *** season. posted by the refuge manager. 1. Hunters may hunt either-sex deer 2. Hunters may hunt on refuge areas * * * * * with firearms during the second and posted as ‘‘Area Closed’’ beginning the 8. Section 32.36 Kentucky is amended third either-sex firearms seasons for day after the close of the applicable by revising paragraphs A., B., and C., of Union Parish. State duck hunting season until season Ohio River Islands National Wildlife * * * * * closure or March 15, whichever occurs Refuge to read as follows: first, except that hunters may hunt wild Lake Ophelia National Wildlife Refuge turkey during the State spring wild § 32.36 Kentucky. A. Hunting of Migratory Game Birds. turkey season. * * * * * Hunters may hunt ducks and coots on 46396 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations designated areas of the refuge subject to the introductory text of paragraphs A., the water; boats other than canoes may the following condition: B., and C.; and revising paragraph D., of not exceed 14 feet; you may not use 1. Hunters must possess a refuge daily Patuxent Research Refuge, to read as sailboats or kayaks. permit. follows: 12. Section 32.40 Massachusetts is * * * * * amended by revising paragraph C., of § 32.39 Maryland. Parker River National Wildlife Refuge to Upper Ouachita National Wildlife * * * * * read as follows: Refuge Patuxent Research Refuge § 32.40 Massachusetts. * * * * * C. Big Game Hunting. *** A. Hunting of Migratory Game Birds. * * * * * Hunters may hunt migratory game birds 1. Hunters may hunt either-sex deer Parker River National Wildlife Refuge with firearms during the second and on designated areas of the refuge subject * * * * * third either-sex firearms seasons for to the following conditions: * * * * * C. Big Game Hunting. Hunters may Union Parish. hunt white-tailed deer on designated * * * * * B. Upland Game Hunting. Hunters may hunt upland game on designated areas of the refuge subject to the 10. Section 32.38 Maine is amended following conditions: by revising paragraphs A., B., and C., of areas of the refuge subject to the following conditions: 1. Hunters must possess a refuge Rachel Carson National Wildlife Refuge permit. to read as follows: * * * * * C. Big Game Hunting. Hunters may * * * * * 13. Section 32.42 Minnesota is § 32.38 Maine. hunt deer on designated areas of the amended by revising introductory text refuge subject to the following * * * * * of paragraph B., of Rice Lake National conditions: Rachel Carson National Wildlife Refuge Wildlife Refuge; by adding in * * * * * alphabetical order Windom Wetland A. Hunting of Migratory Game Birds. D. Sport Fishing. Fishermen may fish Management District to read as follows: Hunters may hunt ducks, geese, coots, in designated waters of the refuge at woodcock and snipe on designated designated times subject to the § 32.42 Minnesota. areas of the refuge subject to the following conditions: * * * * * following conditions: 1. Fishermen may fish only in 1. Hunters must possess a refuge delineated areas as shown on a map Rice Lake National Wildlife Refuge permit. available at the refuge. * * * * * 2. Hunters must remove all personal 2. Fresh water fishing and boating B. Upland Game Hunting. Hunters property from the refuge after each day’s laws of the State of Maryland apply to may hunt ruffed grouse, spruce grouse, hunt. include opening/closing of seasons and grey and fox squirrels, cottontail rabbit B. Upland Game Hunting. Hunters creel limits. and snowshoe hare on designated areas may hunt upland game birds, gray 3. Fishermen may use hook and line of the refuge. squirrel, cottontail rabbit, snowshoe tackle and baits permitted by Maryland Windom Wetland Management District hare, fox and coyote on designated areas law, with the exception of live minnows of the refuge subject to the following or other fish. A. Hunting of Migratory Game Birds. conditions: 4. Special provisions: Cash Lake, a 54 Hunters may hunt migratory game birds 1. Hunters must possess a refuge acre lake located on the South Tract throughout the district except that permit. requires a federal permit to fish, and a hunters may not hunt on the 2. Hunters may hunt fox and coyote limit of 25 daily permits will be issued. Worthington Waterfowl Production only during the State firearm deer Persons may request a permit Area in Nobles County. season. application by contacting: National B. Upland Game Hunting. Hunters 3. Hunters during firearms big game Wildlife Visitor Center, Laurel, may hunt upland game throughout the season must wear in a conspicuous Maryland, during normal working district except that hunters may not manner on head, chest and back a hours. Each request must include the hunt on the Worthington Waterfowl minimum of 400 square inches (10.16 person’s name, address, and phone Production Area in Nobles County. square meters) of solid-colored hunter number, and the model, year and C. Big Game Hunting. Hunters may orange clothing or material. license number of the vehicle that will hunt big game throughout the district 4. Hunters will possess and use, while drive to the refuge. You may request a except that hunters may not hunt on the in the field, only nontoxic shot. fishing date 1 week prior to when you Worthington Waterfowl Production C. Big Game Hunting. Hunters may plan to fish. One licensed angler or up Area in Nobles County. D. Sport Fishing. Fishermen may fish hunt deer on designated areas of the to two children under the age of 16 may throughout the district. refuge subject to the following accompany the permit holder. Open conditions: 14. Section 32.43 Mississippi is season is June 15 through October 15: 6 amended by revising paragraph D., of 1. Hunters must possess a refuge a.m. to legal sunset daily. You may fish permit. Dahomey National Wildlife Refuge to for the following species: Bass, pickerel, read as follows: 2. Hunters during firearms big game catfish, and sunfish. Daily creel limits: season must wear in a conspicuous bass, catch and release only; pickerel, § 32.43 Mississippi. manner on head, chest and back a catch and release only except you may * * * * * minimum of 400 square inches (10.16 keep one pickerel greater than 15 inches square meters) of solid-colored hunter in length; sunfish and catfish, 15 per Dahomey National Wildlife Refuge orange clothing or material. day total fish limit. Permittees may use * * * * * * * * * * boats subject to the following D. Sport Fishing. Fishermen may fish 11. Section 32.39 Maryland is conditions: no gasoline motors on designated areas of the refuge subject amended by revising the refuge heading, permitted; You may not trailer boats to to the following condition: Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations 46397

1. Fishermen must possess a refuge aggregate, but not to exceed 10 horse- National Wildlife Refuge to read as permit. power rating, on the South Marsh. follows: * * * * * * * * * * § 32.52 North Carolina. 15. Section 32.44 Missouri is amended 8. Fishermen may bank fish in the * * * * * by revising paragraphs B., C., and D., of South Marsh only at Brown Dike, the Mingo National Wildlife Refuge to read Main Boat Landing, and Narciss Boat Mattamuskeet National Wildlife Refuge Landing. as follows: * * * * * * * * * * C. Big Game Hunting. Hunters may § 32.44 Missouri. 17. Section 32.49 New Jersey is * * * * * hunt white-tailed deer on designated amended by revising paragraph A. and areas of the refuge subject to the Mingo National Wildlife Refuge adding paragraphs A.1., A.2., and A.3., following condition: of Cape May National Wildlife Refuge to 1. Hunters must possess a refuge * * * * * read as follows: B. Upland Game Hunting. Hunters permit. * * * * * may hunt upland game on designated D. Sport Fishing. *** areas of the refuge subject to posted § 32.49 New Jersey. * * * * * regulations. * * * * * 3. Fishermen may not dip herring C. Big Game Hunting. Hunters may (alewife). hunt big game on designated areas of the Cape May National Wildlife Refuge * * * * * refuge subject to posted regulations. A. Hunting of Migratory Game Birds. Pee Dee National Wildlife Refuge D. Sport Fishing. Fishermen may fish Hunting of waterfowl, coots, moorhens on designated areas of the refuge subject and rails, common snipe, and woodcock A. Hunting of Migratory Game Birds. to posted regulations. is permitted in designated areas of the Hunters may hunt mourning doves on * * * * * refuge subject to State of New Jersey designated areas of the refuge subject to the following condition: 16. Section 32.47 Nevada is amended regulations and the following special 1. Hunters must possess a refuge by revising paragraph B., of Ash refuge conditions: permit. Meadows National Wildlife Refuge; and 1. All persons while hunting B. Upland Game Hunting. Hunters by revising paragraphs D.2, D.4., D.5., migratory game birds, except waterfowl, may hunt quail, squirrel, rabbit, raccoon and D.8. of Ruby Lake National Wildlife must wear in a conspicuous manner on and opossum on designated areas of the Refuge to read as follows: head, chest and back a minimum of 400 square inches of solid-colored hunter refuge subject to the following § 32.47 Nevada. orange clothing or material. condition: * * * * * 2. All hunting blind materials, boats, 1. Hunters must possess a refuge and decoys must be removed at the end permit. Ash Meadows National Wildlife Refuge of each hunting day. Permanent and pit C. Big Game Hunting. Hunters may * * * * * blinds are not permitted. hunt white-tailed deer on designated B. Upland Game Hunting. Hunters 3. The common snipe season on the areas of the refuge subject to the may hunt quail, cottontail rabbits, and refuge begins with the early woodcock following condition: jackrabbits on designated areas of the south zone season. (The refuge common 1. Hunters always must possess a refuge subject to the following snipe season will continue through the refuge permit and a special quota permit conditions: end of the State-set common snipe for gun deer hunts. 1. Hunters may hunt cottontail rabbits season.) D. Sport Fishing. Fishermen may fish and jackrabbits only during the State * * * * * in designated waters of the refuge quail hunting season. 18. Section 32.50 New Mexico is subject to the following conditions: 2. Hunters must only use shotguns. amended by revising paragraphs A.1. 1. Fishermen may fish with a pole and line or rod and reel from March 15 to * * * * * and D., of Bitter Lake National Wildlife Refuge to read as follows: October 15 during daylight hours only. Ruby Lake National Wildlife Refuge 2. Fishermen may use boats in § 32.50 New Mexico. Andrews Pond, Beaver Ponds, and * * * * * * * * * * Arrowhead Lake only. D. Sport Fishing. * * * 3. Fishermen may only use electric Bitter Lake National Wildlife Refuge * * * * * motors in refuge waters. 2. Fishermen may only fish on dikes A. Hunting of Migratory Game Birds. 4. Fishermen may not possess or use in the areas north of the Brown Dike and *** of trotlines, set hooks, gigs, yo-yo’s, jug- east of the Collection Ditch with the 1. Hunters may hunt for migratory lines, limblines, nets, seines, fish traps, exception that you may fish by wading game birds only on Tuesdays, and other similar equipment on the and from personal flotation devices Thursdays, and Saturdays of each week refuge. (float tubes) in Unit 21. until 1 p.m. 5. Fishermen may not possess or use * * * * * * * * * * minnows as bait on the refuge. 4. Fishermen may annually, beginning D. Sport Fishing. [Reserved] 6. Fishermen may not frog or turtle on June 15 and continuing until December * * * * * the refuge. 31, only use motorless boats or boats 19. Section 32.52 North Carolina is 7. The refuge may close certain with battery powered electric motors on amended by revising paragraphs C. and fishing areas at anytime for management the South Marsh. D.3., of Mattamuskeet National Wildlife purposes. 5. Fishermen may annually, beginning Refuge; and revising introductory * * * * * August 1 and continuing until language of paragraphs A., B., C. and D., 20. Section 32.55 Oklahoma is December 31, use boats propelled with and revising paragraphs B.1., D.1–5; and amended by revising paragraphs B. and a motor or combination of motors in the removing paragraphs B.2–4 of Pee Dee C., of Deep Fork National Wildlife 46398 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations

Refuge; and by revising paragraphs A., 3. Neither hunters nor dogs may enter Ohio River Islands National Wildlife B.1., B.2., C. and D.1.; adding closed areas to retrieve game. Refuge 4. Hunters may not shoot or hunt paragraphs B.3, B.4., B.5. and D.4., of A. Hunting of Migratory Game Birds. within 50 ft.(15.24 meters) of designated Sequoyah National Wildlife Refuge to Hunters may hunt migratory game birds read as follows: roads or parking areas. 5. Hunters may only hunt with on designated areas of the refuge subject § 32.55 Oklahoma. shotguns and bows with arrows to the following conditions: * * * * * (excluding broadhead arrows). 1. Each hunter must have in his C. Big Game Hunting. Hunters may possession a current copy of the Ohio Deep Fork National Wildlife Refuge hunt white-tailed deer on designated River Islands National Wildlife Refuge A. Hunting of Migratory Game Birds. areas of the refuge subject to the Hunting Regulations Leaflet while [Reserved] following conditions: participating in a refuge hunt. B. Upland Game Hunting. Hunters 1. Hunters must pay fees and obtain B. Upland Game Hunting. Hunters may hunt squirrels on portions of the a refuge permit. may hunt rabbits and squirrels on refuge in accordance with State hunting 2. All hunters must attend a hunter designated areas of the refuge subject to regulations subject to the following orientation briefing prior to each hunt. the following conditions: exceptions and conditions: D. Sport Fishing. *** 1. Hunters may not use dogs for 1. Hunters may not hunt squirrels on 1. The Sequoyah National Wildlife pursuit while rabbit hunting. the refuge during the first half of the Refuge is open to fishing as specified on 2. Hunters may only use shotguns for archery deer season. refuge leaflets, special regulations, hunting squirrels and rabbits. 2. Hunters may use only shotguns permits, maps, or as posted on signs. 3. Each hunter must have in his with non-toxic shot. * * * * * possession a current copy of the Ohio 3. The refuge leaflet designates 4. Fishermen may not take turtles or River Islands National Wildlife Refuge parking and hunting areas. mussels. Hunting Regulations Leaflet while C. Big Game Hunting. Hunters may * * * * * participating in a refuge hunt. hunt white-tailed deer on designated 21. Section 32.56 Oregon is amended 4. Hunters will possess and use, while portions of Deep Fork NWR subject to by revising paragraphs B.3, of Cold in the field, only nontoxic shot. the following conditions: Springs National Wildlife Refuge; by C. Big Game Hunting. Hunters may 1. Hunters must pay fees and obtain revising paragraph B.3. of McKay Creek hunt white-tailed deer on designated a refuge permit. National Wildlife Refuge, and by areas of the refuge subject to the 2. Hunters must not drive off revising paragraph B.3. of Umatilla following conditions: designated refuge roads. National Wildlife Refuge to read as 1. Hunters may only archery hunt. 3. Each hunter entering the refuge follows: 2. Hunters may not hunt deer with must possess a refuge permit. organized deer drives by two or more * * * * * § 32.56 Oregon. hunters. A drive hereby is defined as the * * * * * Sequoyah National Wildlife Refuge act of chasing, pursuing, disturbing or Cold Springs National Wildlife Refuge otherwise directing deer so as to make A. Hunting of Migratory Game Birds. the animals more susceptible to harvest. Hunters may hunt waterfowl, dove, * * * * * 3. Hunters must not bait deer on coots, rail, snipe and woodcock on B. Upland Game Hunting. *** refuge lands. designated areas of the refuge subject to * * * * * 4. Each hunter must have in his the following conditions: 3. Hunters shall possess and use, possession a current copy of the Ohio 1. The Sequoyah National Wildlife while in the field, only nontoxic shot. River Islands National Wildlife Refuge Refuge is open during seasons, dates, * * * * * Regulations Leaflet while participating and times as posted by signs and/or in a refuge hunt. indicated on refuge leaflets, special McKay Creek National Wildlife Refuge * * * * * regulations, permits, and maps. * * * * * 2. All hunters shall possess and use, 23. Section 32.64 Utah is amended by B. Upland Game Hunting. *** revising paragraphs A., B. and D. of Bear while in the field, only nontoxic shot. * * * * * 3. Hunters may not build pits or River Migratory Bird Refuge to read as 3. Hunters shall possess and use, follows: permanent blinds. while in the field, only nontoxic shot. 4. Neither hunters nor dogs may enter § 32.64 Utah. closed areas to retrieve game. * * * * * * * * * * 5. Hunters may not hunt or shoot Umatilla National Wildlife Refuge within 50 ft. (15.24 meters) of A. Hunting of Migratory Game Bear River Migratory Bird Refuge designated roads or parking areas. 6. Hunters may only hunt with Birds. * * * A. Hunting of Migratory Game Birds. shotguns and bows with arrows * * * * * Hunters may hunt geese, ducks, coots, (excluding broadhead arrows). B. Upland Game Hunting. *** and tundra swan on designated areas of 7. Hunters must remove decoys, boats * * * * * the refuge subject to the following and other personal property from the 3. Hunters shall possess and use, conditions: refuge following each days hunt. while in the field, only nontoxic shot. 1. Hunters may not shoot or hunt B. Upland Game Hunting. *** * * * * * within 100 yards (30.48 meters) of 1. The Sequoyah National Wildlife 22. Section 32.57 Pennsylvania is principal refuge roads (the tour route). Refuge is open during seasons, dates, amended by revising paragraphs A., B. 2. While in the field, hunters shall and times as posted by signs and/or and C., of Ohio River Islands National possess and use only nontoxic shot. indicated on refuge leaflets, special Wildlife Refuge to read as follows: 3. Hunters may not use pits or regulations, permits, and maps. permanent blinds. 2. All hunters shall possess and use, § 32.57 Pennsylvania. 4. Airboats are permitted only in Unit while in the field, only nontoxic shot. * * * * * 9 and in Block C of the Refuge. Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations 46399

5. Refuge closes two (2) hours after 26. Section 32.67 Washington is Upper Mississippi River National sunset (end of shooting hours), amended by revising paragraph A., of Wildlife and Fish Refuge Refer to 32.32 including parking sites. Decoys, boats, Ridgefield National Wildlife Refuge; and Illinois for regulations. vehicles and other personal property by revising paragraph B.2., of Toppenish 28. Section 32.71 Pacific Islands may not be left on the refuge overnight. National Wildlife Refuge to read as Territory is amended by revising 6. Hunters may only park in follows: paragraphs D.1., D.3., D.4., removing designated parking sites. 7. Hunters who take or attempt to take § 32.67 Washington. paragraph D.5., and redesignating tundra swans must possess a Utah State * * * * * paragraph D.6 as paragraph D.5. of Swan Permit and may not possess or use Johnson Atoll National Wildlife Refuge Ridgefield National Wildlife Refuge more than 10 shells per day while to read as follows: hunting swans. A. Hunting of Migratory Game Birds. § 32.71 Pacific Islands Territory. 8. Any person entering, using or Hunters may hunt geese, ducks, and * * * * * occupying the refuge for waterfowl coots on designated areas of the refuge hunting must abide by all the terms and subject to the following condition: Johnson Atoll National Wildlife Refuge conditions in the Refuge Hunting 1. Hunting is by permit only. * * * * * Brochure. D. Sport Fishing. *** B. Upland Game Hunting. Hunters * * * * * 1. Fishermen may take lobsters of 31⁄4- may hunt pheasants on designated areas Toppenish National Wildlife Refuge inch carapace length or more in the of the refuge subject to the following * * * * * lagoon area from September 1 through conditions: May 31, but not by spearing, traps, or 1. While in the field, hunters shall B. Upland Game Hunting. *** the use of pry bars or related methods possess and use only nontoxic shot. * * * * * C. Big Game Hunting. *** destructive to coral; fishermen may not D. Sport Fishing. Fishermen may fish 2. Hunters shall possess and use, take female lobsters bearing eggs at any on designated areas of the refuge subject while in the field, only nontoxic shot. time. to the following conditions: * * * * * * * * * * 1. Fishermen may fish year-round in 27. Section 32.69 Wisconsin is 3. Fishermen or divers may not take designated areas of the Refuge. amended by revising paragraphs B.1., fish by the use of a spear ‘‘gun’’, either * * * * * B.2., C.4. and D., of Necedah National above or below the water. Hand- 24. Section 32.65 Vermont is Wildlife Refuge; and adding Upper propelled spears or ‘‘Hawaiian Slings’’ amended by revising introductory text Mississippi River National Wildlife and consisting of a single shaft propelled by of paragraph B., and revising paragraph Fish Refuge alphabetically to read as a rubber tube are permitted for B.2. of Missisquoi National Wildlife follows: underwater fishing. Refuge to read as follows: 4. The public may not, by any means, § 32.69 Wisconsin. collect, export or take any form of live § 32.65 Vermont. * * * * * or dead coral. * * * * * * * * * * Necedah National Wildlife Refuge Missisquoi National Wildlife Refuge Dated: August 27, 1996. * * * * * George T. Frampton, Jr., * * * * * B. Upland Game Hunting. Hunters B. Upland Game Hunting. *** Assistant Secretary for Fish and Wildlife and Parks. may hunt rabbits, ruffed grouse and 1. Hunters must unload or case guns squirrels on designated areas of the in the retrieval zone of Refuge Area 7 [FR Doc. 96–22507 Filed 8–30–96; 8:45 am] refuge subject to the following during the State waterfowl hunting BILLING CODE 4310±55±P conditions: season. * * * * * 2. During the spring turkey hunting 2. Hunters may not use rifles on that season only, persons with an unexpired DEPARTMENT OF COMMERCE portion of the refuge lying east of the State spring turkey permit in possession National Oceanic and Atmospheric Missisquoi River. may enter and hunt wild turkeys in all Administration * * * * * open refuge areas. 25. Section 32.66 Virginia is amended * * * * * 50 CFR Part 679 by revising paragraph C., of C. Big Game Hunting. *** Chincoteague National Wildlife Refuge [Docket No. 960502124±6190±02; I.D. to read as follows: * * * * * 082796E] * * * * * 4. Refuge Areas 1, 2, 4, 5, 6 and 7 are Fisheries of the Exclusive Economic open to deer hunting. § 32.66 Virginia. Zone Off Alaska; Scallop Fishery; * * * * * Closure in Registration Area H * * * * * D. Sport Fishing. Fishermen may fish AGENCY: National Marine Fisheries Chincoteague National Wildlife Refuge in designated waters of the refuge at designated times subject to the Service (NMFS), National Oceanic and * * * * * following conditions. Atmospheric Administration (NOAA), C. Big Game Hunting. Hunters may Commerce. 1. Fishermen may use non-motorized hunt white-tailed deer and sika in ACTION: Closure. designated areas of the refuge subject to boats in Sprague-Goose Pools only when the following conditions: these pools are open to fishing. SUMMARY: NMFS is closing the scallop 1. Hunters must possess a refuge Fishermen may use motorized boats in fishery in the Kamishak Bay District of permit. Suk Cerney Pool. Registration Area H (Cook Inlet). This * * * * * * * * * * action is necessary to prevent exceeding 46400 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations the scallop total allowable catch (TAC) Act. Fishing for scallops is governed by Bay District of Registration Area H from in this area. regulations appearing at 50 CFR parts 800 hrs, Alaska local time (A.l.t.), EFFECTIVE DATE: 800 hrs, Alaska local 600 and 679. August 27, 1996 through 1159 hrs, A.l.t., time (A.l.t.), August 27, 1996, until 1159 In accordance with § 679.62(b) the July 1, 1997. hrs, A.l.t., July 1, 1997. 1996 scallop TAC for the Kamishak Bay District of Registration Area H was Classification FOR FURTHER INFORMATION CONTACT: established by the Final 1996–97 This action is taken under § 679.62 Andrew Smoker, 907–586–7228. Harvest Specifications of Scallops (61 and is exempt from review under E.O. SUPPLEMENTARY INFORMATION: The FR 38099, July 23, 1996) as 20,000 lb 12866. scallop fishery in the exclusive (9,074 kg) shucked meat. Authority: 16 U.S.C. 1801 et seq. economic zone off Alaska is managed by The Director, Alaska Region, NMFS, NMFS according to the Fishery has determined, in accordance with Dated: August 27, 1996. Management Plan for Scallop Fishery § 679.62(c), that the scallop TAC for the Gary C. Matlock, off Alaska (FMP) prepared by the North Kamishak Bay District of Registration Director, Office of Sustainable Fisheries, Pacific Fishery Management Council Area H has been reached. Therefore, National Marine Fisheries Service. under authority of the Magnuson NMFS is prohibiting the taking and [FR Doc. 96–22369 Filed 8–28–96; 12:07 pm] Fishery Conservation and Management retention of scallops in the Kamishak BILLING CODE 3510±22±F 46401

Proposed Rules Federal Register Vol. 61, No. 171

Tuesday, September 3, 1996

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: 1,755,015 respondents. The total annual contains notices to the public of the proposed burden on the public for this issuance of rules and regulations. The Executive Order No. 12866 and Departmental Regulation 1512–1 information collection is 2,676,932 purpose of these notices is to give interested hours. persons an opportunity to participate in the This action has been reviewed under rule making prior to the adoption of the final United States Department of Agriculture The comment period for information rules. (USDA) procedures established by collections under the Paperwork Executive Order No. 12866 and Reduction Act of 1995 continues for the Departmental Regulation 1512–1. This following: (a) whether the proposed DEPARTMENT OF AGRICULTURE action constitutes a review as to the collection of information is necessary for the proper performance of the Federal Crop Insurance Corporation need, currency, clarity, and effectiveness of these regulations under functions of the agency, including whether the information shall have 7 CFR Part 457 those procedures. The sunset review date established for these regulations is practical utility; (b) the accuracy of the March 1, 1999. agency’s estimate of the burden of the RIN 0563±AB53 This rule has been determined to be proposed collection of information; (c) not significant for the purposes of ways to enhance the quality, utility, and Common Crop Insurance Regulations; Executive Order No. 12866 and, clarity of the information to be Cotton Crop Insurance Provisions therefore, has not been reviewed by the collected; and (d) ways to minimize the Office of Management and Budget burden of the collection of information AGENCY: Federal Crop Insurance (OMB). on respondents, including the use of Corporation. automated collection techniques or Paperwork Reduction Act of 1995 ACTION: Proposed rule. other forms of information gathering The information collection technology. requirements contained in the SUMMARY: The Federal Crop Insurance Comments regarding paperwork regulations were previously approved Corporation (FCIC) proposes to amend reduction should be submitted to the by OMB pursuant to the Paperwork the Cotton Crop Insurance Provisions. Desk Officer for Agriculture, Office of Reduction Act of 1995 (44 U.S.C. The intended effect of this action is to Information and Regulatory Affairs, chapter 35) under OMB control number provide policy changes to better meet Office of Management and Budget, 0563–0003 through September 30, 1998. Washington, D.C. 20503 and to Bonnie the needs of the insured and implement The amendments set forth in this Hart, Advisory and Corporate changes made to the Federal Crop proposed rule do not contain additional Operations Staff, Regulatory Review Insurance Act by the Federal Crop information collections that require Group, Farm Service Agency, P.O. Box Insurance Reform Act of 1994. clearance by the OMB under the 2415, Ag Box 0570, U.S. Department of provisions of 44 U.S.C. chapter 35. DATES: Written comments, data, and Agriculture, Washington, D.C. 20013– The title of this information collection opinions on this proposed rule will be 2415. Telephone (202)690–2857. Copies is ‘‘Catastrophic Risk Protection Plan accepted until close of business October of the information collection may be and Related Requirements including, 3, 1996 and will be considered when the obtained from Bonnie Hart at the above- Common Crop Insurance Regulations; stated address. rule is to be made final. The comment Cotton Crop Provisions.’’ The period for information collection under information to be collected includes: a Unfunded Mandate Reform Act of 1995 the Paperwork Reduction Act of 1995 crop insurance acreage report, an continues through October 29, 1996. insurance application, and continuous Title II of the Unfunded Mandate ADDRESSES: Interested persons are contract. Information collected from the Reform of 1995 (UMRA), Pub. L. 104– invited to submit written comments to acreage report and application is 4, establishes requirements for Federal agencies to assess the effects of their the Chief, Product Development Branch, electronically submitted to FCIC by the regulatory actions on State, local, and Federal Crop Insurance Corporation, reinsured companies. Potential tribal governments and the private U.S. Department of Agriculture, 9435 respondents to this information sector. Under section 202 of the UMRA, Holmes Road, Kansas City, MO 64131. collection are producers of cotton that are eligible for Federal crop insurance. FCIC generally must prepare a written Written comments will be available for The information requested is statement, including a cost-benefit public inspection and copying in room necessary for the insurance company analysis, for proposed and final rules 0324, South Building, 14th and and FCIC to provide insurance, provide with ‘‘Federal mandates’’ that may Independence Avenue, S.W., reinsurance, determine eligibility, result in expenditures of State, local, or Washington, D.C., 8:15 a.m.–5:45 p.m., determine the correct parties to the tribal governments, in the aggregate, or Monday through Friday. agreement or contract, determine and to the private sector, of $100 million or FOR FURTHER INFORMATION CONTACT: collect premiums or other monetary more in any 1 year. When such a Stephen Hoy, Program Analyst, amounts, and pay benefits. statement is needed for a rule, section Research and Development Division, All information is reported annually. 205 of the UMRA generally requires The reporting burden for this collection FCIC to identify and consider a Product Development Branch, FCIC, at of information is estimated to average reasonable number of regulatory 9435 Holmes Road, Kansas City, MO 16.9 minutes per response for each of alternatives and adopt the least costly, 64131, telephone (816) 926–7730. the 3.6 responses from approximately more cost-effective or least burdensome 46402 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules alternative that achieves the objectives the applicable standards provided in earlier. Those areas with the present of the rule. sections 2(a) and 2(b)(2) of Executive cancellation and termination dates of This rule contains no Federal Order No. 12778. The provisions of this February 28 and March 15 will remain mandates (under the regulatory rule will not have a retroactive effect the same because these dates have provisions of Title II of the UMRA) for prior to the effective date. The already been moved 30 days earlier in State, local, and tribal governments or provisions of this rule will preempt the 1995 crop year. the private sector. Thus, this rule is not State and local laws to the extent such List of Subjects in 7 CFR Part 457 subject to the requirements of section State and local laws are inconsistent 202 and 205 of the UMRA. herewith. The administrative appeal Cotton, Crop insurance. provisions in 7 CFR parts 11 and 780 Executive Order No. 12612 Pursuant to the authority contained in must be exhausted before action for the Federal Crop Insurance Act, as It has been determined under section judicial review may be brought. amended (7 U.S.C. 1501 et seq.), the 6(a) of Executive Order No. 12612, Environmental Evaluation Federal Crop Insurance Corporation Federalism, that this rule does not have hereby proposes to amend the Common sufficient federalism implications to This action is not expected to have a Crop Insurance Regulations (7 CFR part warrant the preparation of a Federalism significant impact on the quality of the 457), effective for the 1997 and Assessment. The provisions contained human environment, health, and safety. succeeding crop years, to read as in this rule will not have a substantial Therefore, neither an Environmental follows: direct effect on States or their political Assessment nor an Environmental subdivisions or on the distribution of Impact Statement is needed. PART 457Ð[AMENDED] power and responsibilities among the National Performance Review various levels of government. 1. The authority citation for 7 CFR This regulatory action is being taken part 457 continues to read as follows: Regulatory Flexibility Act as part of the National Performance Authority: 7 U.S.C. 1506(1) and 1506(p) This regulation will not have a Review Initiative to eliminate significant impact on a substantial unnecessary or duplicative regulations 2. Section 457.104 is amended by number of small entities. Under the and improve those that remain in force. revising 1(l) as follows: current regulations, a producer is Background § 457.104 Cotton crop insurance required to complete an application and provisions. FCIC proposes to amend the Common acreage report. If the crop is damaged or * * * * * destroyed, the insured is required to Crop Insurance Regulations (7 CFR part 1. Definitions give notice of loss and provide the 457) by revising 7 CFR Section 457.104 necessary information to complete a effective for the 1997 and succeeding * * * * * claim for indemnity. If the insured crop years. The principal changes to the (l) Planted acreage—Land in which elects to use actual records of acreage provisions for insuring cotton are as seed has been placed by a machine and production as the basis for the follows: appropriate for the insured crop and production guarantee, the insured may 1. Section 1—Specify that the yield planting method, at the correct depth, elect to report this information on a conversion factor normally applied to into a seedbed which has been properly yearly basis. This regulation does not non-irrigated skip-row cotton acreage prepared for the planting method and alter those requirements. Therefore, the will not be used if the land between the production practice. Cotton must be amount of work required of the rows of cotton is planted to any other planted in rows to be considered insurance companies delivering and spring-planted crop. Current regulations planted. Planting in any other manner servicing these policies will not increase specify that the yield conversion factor will be considered as a failure to follow significantly from the amount of work cannot be applied if the land between recognized good farming practices and currently required. This rule does not the rows of cotton is planted to any any loss of production will not be have any greater or lesser impact on the crop. This conflicts with the definition insured unless otherwise provided by producer. Therefore, this action is of ‘‘skip-row’’ in section 1(q)(1), which the Special Provisions or by written determined to be exempt from the allows a planting pattern of alternating agreement to insure such crop. The provisions of the Regulatory Flexibility rows of cotton and land planted to yield conversion factor normally Act (5 U.S.C. 605), and no Regulatory another crop the previous fall. Change applied to non-irrigated skip-row cotton Flexibility Analysis was prepared. ‘‘ASCS’’ to ‘‘Farm Service Agency acreage will not be used if the land (FSA)’’ to conform with the United between the rows of cotton is planted to Federal Assistance Program States Department of Agriculture any other spring-planted crop. This program is listed in the Catalog Reorganization Act of 1994. Amend the * * * * * of Federal Domestic Assistance under definition of ‘‘written agreement’’ to 3. Subsection 1(q)(2) is revised to read No. 10.450. move the substantive provision to as follows: section 13. Executive Order No.12372 (q) * * * 2. Sections 2(d) (1) and (2)—Change (1) * * * This program is not subject to the ‘‘ASCS’’ to ‘‘FSA.’’ (2) Qualifies as a skip-row planting 3. Section 2(d)(2)—Clarify unit provisions of Executive Order No. pattern as defined by the Farm Service division for non-irrigated corners of 12372, which require intergovernmental Agency (FSA). consultation with State and local center-pivot irrigation systems. officials. See the Notice related to 7 CFR 4. Section 5—Change the cancellation * * * * * part 3015, subpart V, published at 48 FR and termination dates of February 15 to 4. Subsection 1(s) is revised to read as 29115, June 24, 1983. January 15. This change is necessary to follows: correspond with the requirement of the (s) Written agreement—A written Executive Order No. 12778 Federal Crop Insurance Reform Act of document that alters designated terms of The Office of the General Counsel has 1994 that moved the sales closing dates a policy in accordance with section 13. determined that these regulations meet for spring-planted crops to 30 days * * * * * Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46403

5. Subsection 2(d)(1) is amended by FSA Farm Serial Number. To qualify as optional unit, they will be considered removing ‘‘ASCS’’ and inserting in its separate irrigated and non-irrigated part of the unit containing the irrigated place ‘‘FSA.’’ optional units, the non-irrigated acreage acreage. Non-irrigated acreage that is not * * * * * may not continue into the irrigated a part of a field in which a center-pivot 6. Subsection 2(d)2 is revised to read acreage in the same rows or planting irrigation system is used may qualify as as follows: pattern. The irrigated acreage may not a separate optional unit provided that 2. Unit Division extend beyond the point at which the all other requirements of this section are * * * * * irrigation system can deliver the met. (d) * * * quantity of water needed to produce the (1) * * * yield on which the guarantee is based, * * * * * (2) Optional Units on Acreage except that the corners of a field in 7. Section 5 is revised to read as Including Both Irrigated and Non- which a center-pivot irrigation system is follows: Irrigated Practices: In addition to, or used will be considered as irrigated 5. Cancellation and Termination Dates instead of, establishing optional units by acreage unless separate acceptable Section, section equivalent, or FSA records of production from the corners In accordance with section 2 (Life of Farm Serial Number, optional units may are provided indicating otherwise. If the Policy, Cancellation, and Termination) be based on irrigated acreage or non- corners of a field in which a center- of the Common Crop Insurance Policy irrigated acreage if both are located in pivot irrigation system is used do not (§ 457.8), the cancellation and the same section, section equivalent, or qualify as a separate non-irrigated termination dates are:

Cancellation and State and county termination dates

Val Verde, Edwards, Kerr, Kendall, Bexar, Wilson, Karnes, Goliad, Victoria, and Jackson Counties, Texas, and all Texas January 15. counties lying south thereof. Alabama; Arizona; Arkansas; California; Florida; Georgia; Louisiana; Mississippi; Nevada; North Carolina; South Carolina; El February 28. Paso, Hudspeth, Culberson, Reeves, Loving, Winkler, Ector, Upton, Reagon, Sterling, Coke, Tom Green, Concho, McCulloch, San Saba, Mills, Hamilton, Bosque, Johnson, Tarrant, Wise, and Cooke Counties, Texas, and all Texas counties lying south and east thereof to and including Terrell, Crocket, Sutton, Kimble, Gillespie, Blanco, Comal, Guadalupe, Gonzales, De Witt, Lavaca, Colorado, Wharton, Matagorda Counties, Texas. All other Texas counties and all other States ...... March 15.

* * * * * Signed in Washington, D.C., on August 23, Ulysses Lolonis, and Rudolph H. Light. 8. Section 13 is added to read as 1996. The petition was signed by 20 growers follows: Kenneth D. Ackerman, and winemakers in ‘‘Redwood Valley.’’ 13. Written Agreements Manager, Federal Crop Insurance In addition, 4 letters of support for the Corporation. proposed area have been received from Designated terms of this policy may [FR Doc. 96–22320 Filed 8–30–96; 8:45 am] growers and winemakers in the be altered by written agreement. The BILLING CODE 3410±FA±P proposed area. ‘‘Redwood Valley’’ is an following conditions will apply: unincorporated rural community in (a) You must apply in writing for each Mendocino County of northwestern written agreement no later than the sales DEPARTMENT OF THE TREASURY California with approximately 6,000 closing date, except as provided in people spread out over about 35 square section 13(e). Bureau of Alcohol, Tobacco and miles. It is currently the home of seven (b) The application for written Firearms wineries that produce varietal wines agreement must contain all terms of the distributed around the world. There are contract between the insurance provider 27 CFR Part 9 66 vineyard owners farming 2,371 acres and the insured that will be in effect if of wine grapes. [Notice No. 838] the written agreement is not approved. DATES: Written comments must be (c) If approved, the written agreement RIN 1512±AA07 received by October 18, 1996. will include all variable terms of the ADDRESS: Send written comments to: contract, including, but not limited to, Redwood Valley Viticultural Area (95R± Chief, Wine, Beer, and Spirits crop type or variety, the guarantee, 053P) Regulations Branch, Bureau of Alcohol, premium rate, and price election. AGENCY: Bureau of Alcohol, Tobacco Tobacco and Firearms, PO Box 50221, (d) Each written agreement will only and Firearms (ATF), Treasury. Washington, DC 20091–0221 (Attn: be valid for 1 year. If the written ACTION: Notice of Proposed Rulemaking. Notice No. 838). Copies of the petition, agreement is not specifically renewed the proposed regulations, the the following year, insurance coverage SUMMARY: The Bureau of Alcohol, appropriate maps, and written for subsequent crop years will be in Tobacco and Firearms (ATF), has comments will be available for public accordance with the printed policy. received a petition for the establishment inspection during normal business (e) An application for written of a viticultural area located within the hours at: ATF Public Reading Room, agreement submitted after the sales east central interior portion of Office of Public Affairs and Disclosure, closing date may be approved if, after Mendocino County, California to be Room 6480, 650 Massachusetts Avenue, physical inspection of the acreage, it is known as ‘‘Redwood Valley,’’ under 27 NW, Washington, DC. determined that no loss has occurred CFR part 9. This proposal is the result FOR FURTHER INFORMATION CONTACT: and the crop is insurable in accordance of a petition submitted by Mr. Timothy David W. Brokaw, Wine, Beer, and with the policy and written agreement R. Buckner and prepared by Mr. Spirits Regulations Branch, Bureau of provisions. Buckner, Mr. Jefferson Hinchliffe, Mr. Alcohol, Tobacco and Firearms, 650 46404 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules

Massachusetts Avenue, NW, bonded are as follows: Fetzer (1968), of wine. Much of the valley’s product is Washington, DC 20226, (202) 927–8230. Weibel (1972), Frey (1980), Lolonis contracted for over a term of (1983), Elizabeth (1987), Konrad (1989), years * * * (g)rapes produce SUPPLEMENTARY INFORMATION: and Gabrielli (1991). splendidly on the bench lands of the Background valley, and because of the sunshine and Evidence That the Name of the climatic conditions mature and produce On August 23, 1978, ATF published Proposed Area Is Locally or Nationally the ideal wine grapes.’’ Treasury Decision ATF–53 (43 FR Known 37672, 54624) revising regulations in 27 In the Santa Rosa Press Democrat, the The petitioner states that, ‘‘Redwood petitioner found an article printed on CFR part 4. These regulations allow the Valley’’ is an unincorporated rural July 31, 1949, and titled, ‘‘It’s Howdy establishment of definitive viticultural community in Mendocino County of Neighbor To Calpella, Redwood areas. The regulations allow the name of northwestern California with Valley,’’ by Mike Pardee. According to an approved viticultural area to be used approximately 6,000 people spread out the petitioner, this article states that, as an appellation of origin on wine over about 35 square miles. According ‘‘[a]pproximately half of Mendocino labels and in wine advertisements. On to the petitioner, it is currently the County’s present grape acreage of 7,700 October 2, 1979, ATF published home of seven wineries that produce acres is in Redwood Valley. Farm Treasury Decision ATF–60 (44 FR premium to ultra premium varietal Advisor R.D. Foote of Mendocino 56692) which added a new part 9 to 27 wines distributed around the world. County said. ‘‘The Valley thus raised CFR, providing for the listing of According to the petitioner, ‘‘Redwood about half of the county’s 17,000 tons approved American viticultural areas, Valley’’ grapes are used in vineyard produced last year (1948) * ** the names of which may be used as designated wines made by wineries Redwood Valley for years has been one appellations of origin. throughout the region. The petitioner of Mendocino County’s most important Section 4.25a(e)(l), title 27, CFR, further states that, there are 66 vineyard farming sections. Its 314 families for the defines an American viticultural area as owners farming 2,371 acres of wine most part farmers ** *. They’ll tell a delimited grape-growing region grapes in Redwood Valley. There are you that those grapes make the finest distinguishable by geographic features, 855 acres of white winegrapes (36%) wines in the region’.’’ the boundaries of which have been and 1,516 (64%) planted in red varieties delineated in subpart C of part 9. in Redwood Valley according to the Name Evidence Section 4.25a(e)(2), title 27, CFR, petitioner. ‘‘Redwood Valley’’ is recognized by outlines the procedure for proposing an the United States Postal Service as a American viticultural area. Any History and Tradition distinct community with the Zip Code interested person may petition ATF to According to the petitioner, the area 95470. The U.S.G.S. uses the name establish a grape-growing region as a has been known by the proposed ‘‘Redwood Valley’’ Quadrangle on its viticultural area. The petition should viticultural area name for over a 1:24,000 topographic map. The include: century. The petitioner states that some petitioner states that the valley has a (a) Evidence that the name of the early settlers arrived in ‘‘Redwood domestic and irrigation water supplier proposed viticultural area is locally Valley’’ in the mid 1850s, and that there known as ‘‘Redwood Valley County and/or nationally known as referring to was a thriving community by 1900. The Water District.’’ The petitioner points the area specified in the petition; petitioner states that from as early as the out that a number of entities give the (b) Historical or current evidence that 1870s, grape growing and wine making area its sense of identity, including the the boundaries of the viticultural area were an important part of the economy ‘‘Redwood Valley Grange,’’ ‘‘Redwood are as specified in the petition; and culture of ‘‘Redwood Valley.’’ Valley School,’’ ‘‘Redwood Valley (c) Evidence relating to the According to the petitioner, one of the Shopping Center,’’ ‘‘Redwood Valley geographical characteristics (climate, earliest published mentions of Industrial Park.’’ According to the soil, elevation, physical features, etc.) ‘‘Redwood Valley’’ as a grape growing petitioner, businesses and organizations which distinguish the viticultural region was in a March 7, 1913, article using the ‘‘Redwood Valley’’ name features of the proposed area from in the Ukiah Republican Press (1885– include a large vineyard, a gravel plant, surrounding areas; 1954), which described ‘‘Redwood 2 churches, a Pomo Indian Rancheria, (d) A description of the specific Valley’’ as ‘‘* ** admirably adapted and so on. The petitioner provided boundaries of the viticultural area, for the grape and fruit land in Northern photocopies of stationery and business based on features which can be found California.’’ cards from six private and three public on United States Geological Survey In the March 17, 1913 issue of the entities that use the name ‘‘Redwood (U.S.G.S.) maps of the largest applicable Ukiah Dispatch Democrat, the petitioner Valley’’ in their title. According to the scale, and; found the following article: The petitioner, each of the entities are (e) A copy (or copies) of the Redwood Valley Improvement Club currently in business and located in appropriate U.S.G.S. map(s) with the Accomplishing Splendid Results By ‘‘Redwood Valley.’’ proposed boundaries prominently Concentrated Action and marked. Progressiveness, which stated as Historical or Current Evidence That the follows: ‘‘This is perhaps at the present Boundaries of the Proposed Viticultural Petition time one of the most important Area Are as Specified in the Petition ATF has received a petition from Mr. industries of the valley, with hundreds According to the petitioner, the Timothy Buckner proposing to establish of acres in vineyards and several proposed ‘‘Redwood Valley’’ viticultural a new viticultural area located within important wineries in active operation, area boundaries are roughly the the east central interior portion of and because of the statements watershed that forms the headwaters of Mendocino County, California to be made * * * by Professor Bioletti, the the west fork of the Russian River, known as ‘‘Redwood Valley,’’ under 27 grape question has taken on a renewed including Forsythe Creek. Starting at the CFR part 9. activity. Redwood Valley grapes are northern tip of the valley and following There are currently seven wineries in exceptionally rich in sugar and are in the ridge tops, the area widens out to ‘‘Redwood Valley.’’ The dates they were demand because they raise the quality the south as far as State Highway 20. Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46405

Across Highway 20 to the south is the a series of higher terraces. Representing comprise over half of the vineyard community of Calpella. Highway 20 the birthplace of Mendocino acreage of ‘‘Redwood Valley,’’ and that provides a distinct southern boundary winemaking, it is the home of some of the rest are an amalgam of six other for the proposed viticultural area. The the county’s largest wineries. With more types: Feliz, Pinnobie, Yokayo, Russian, petitioner states that Calpella has a than 40 percent of the county’s acreage, Talmage, and Yokayo/Pinole/Pinobie. different zip code, water district, school, it is the most important of all the According to the petitioner, these last etc. than Redwood Valley. Furthermore, producing regions in the two county six general types (plus traces of a few according to the petitioner, the soils and region [Lake and Mendocino]. A region more types) evidence themselves in the climate of Calpella occupy a transition II area, it produces above-average neighboring areas in varying proportion, zone between Ukiah and ‘‘Redwood quality Zinfandel, Cabernet Sauvignon, but all play a larger role elsewhere than Valley.’’ Chardonnay, Petite Sirah, and they do in ‘‘Redwood Valley.’’ Sauvignon Blanc. One of its elements of The petitioner provided a table Evidence Relating to the Geographical celebrity is the considerable quantity of illustrating the proportions of soil types Features (Climate, Soil, Elevation, Manzanita soil.’’ (pg. 295). The in the ‘‘Redwood Valley’’ area compared Physical Features, Etc.) Which petitioner was unable to ascertain the with the Ukian/Calpella area. These Distinguish the Viticultural Features of origin of the term ‘‘Manzanita soil.’’ figures were derived from SCS maps the Proposed Area From Surrounding However, he states that, ‘‘Redwood and soil descriptions, and were Areas Valley does contain the largest deposit measured with a Compensating Polar Topography of the famous Redvine soil in the region Planimeter. The table indicates that, and perhaps it is this to which while ‘‘Redwood Valley’’ contains most According to the petitioner, the Baxevanis refers.’’ of the same soil types as the Ukia geography of the area sets it apart from According to the petitioner, the soils Valley, such soils are present in surrounding areas in several respects. in the proposed area have several different quantities in the respective The petitioner states that, ‘‘Redwood unique features as determined by the areas. Valley’’ is clearly defined by the ridges U.S.D.A. Soil Conservation Service Climate of the coastal mountain range that (SCS). surrounds it and that the Valley floor The 1991 Soil Survey of Mendocino One local winemaker, Jefferson slopes gently up in elevation from County, Eastern Part, and Trinity Hinchliffe of Gabrielli Winery stated as ′ ′ around 750 to 900 above sea level. The County, Southwestern Part, California, follows about the way ‘‘Redwood petitioner states that the mountain was used extensively by the petitioner Valley’s’’ unique climate and soils ridges rise steeply from the valley floor to determine the identity and areas of manifest themselves in the wine: ‘‘I to over 3,350′ elevation. The petitioner soils for comparison. Whereas all of the have been making wines from the many states that most of the grapes are grown specific soil series that are found in districts of Mendocino County for (t)en at an elevation between 750′ and 1,500′ ‘‘Redwood Valley’’ occur in the years. During that period I have above sea level. At the south end of the surrounding area, it is the proportions developed a sense of what distinguishes valley the foothills close in from the east in which they appear in ‘‘Redwood the wines of Redwood Valley * * *. and west to form a narrowed throat Valley’’ that are unique. The wines in general are of higher through which the Russian River flows The petitioner states that ‘‘Redwood acidity and later maturity than of Ukiah south. This narrowing is also where Valley’’ has by far the largest deposit of Valley. The typical picking schedule for Highway 20 crosses the valley and the Redvine Series soil (#184–186 SCS a given variety would begin with the river to intersect with Highway 101. The Survey) in the area. According to the Hopland-Sanel area, followed by Ukiah- petitioner states that this combination of petitioner, nearly one quarter of the Calpella, and then Redwood Valley. landforms provides a natural set of proposed viticultural area’s plantable Comparisons with Potter Valley are boundaries for the proposed viticultural acreage is composed of soils of the based on fewer varieties since Potter area. These features combine in several Redvine Series. Potter Valley Valley is planted mainly to early ways to produce growing conditions Viticultural Area to the east has no ripening Pinot and Chardonnay. which distinguish the proposed area Redvine Series soils. The petitioner Anderson Valley north of Boonville from surrounding areas, according to the contends that the Calpella/Ukiah area to ripens later than Redwood Valley * ** petitioner. The petition contends that the south of ‘‘Redwood Valley’’ has a Acidity, color (especially in Pinot Noir), the soils, as well as the micro, meso, few small and isolated pockets of and phenolic content are higher in and macro climates are all factors that Redvine soils but their combined area Redwood Valley than in adjacent distinguish the proposed viticultural amounts to less than 10% of the area regions. Higher temperatures in general area from surrounding areas. covered by Redvine Series soils in lower phenolic content, color, and ‘‘Redwood Valley.’’ acidity * * *. Late ripening varieties Soils Another soil series that stands out, can have difficulty ripening in Redwood According to the petitioner, while all according to the petitioner, is the Pinole Valley. Cabernet in general is able to of the specific soil series that are found Gravelly Loam (#178–180 SCS Survey), tolerate the rain associated with the late in ‘‘Redwood Valley’’ also exist in the which also occurs in the Potter Valley season, but more fragile varieties such surrounding areas, the proportions of and Ukiah areas, but is a much smaller as Petite Sirah, Carignane, and the soils in ‘‘Redwood Valley’’ component of the areas’ overall Sangiovese can rot before ripening in distinguish it from the surrounding composition. According to the heavier soils when bearing large crops. areas. The petitioner states that, The petitioner, ‘‘Redwood Valley’’ has three Conservative farming can produce Wine Regions of America, a book times as much Pinole Gravelly Loam as stellar examples of these varieties written by John J. Baxevanis in 1992, either of these other two areas. The * * *.’’ gives the following description of the petitioner states that this soil type Another wine maker, Jed Steele, of Redwood Valley area. ‘‘Redwood Valley, makes up nearly a third of ‘‘Redwood Steele Wines submitted a letter of the northernmost of the string of Valley’s’’ growing area. support for the petition, in which he Russian River Valleys, lies (eight) miles The petitioner states that the Redvine stated as follows. ‘‘[T]he REDWOOD north of Ukiah and Lake Mendocino on and Pinole Gravelly Loam soil series VALLEY of Mendocino County is an 46406 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules excellent and singular grape growing Hygrothermograph, Belfort Recording western boundary of the Potter Valley region, certainly worthy of receiving a Pyranograph, Totalizing Anemometer, viticultural area. separate viticultural district designation Evaporation Pan, and Rain Gauge. Public Participation—Written ** *. It appears that REDWOOD Readings are taken daily, and data are Comments VALLEY’S particular climate allows for transmitted monthly to the California attaining many of the positive quality Irrigation Management Information ATF requests comments from all factors found in grapes grown in the Service in Sacramento.’’ interested persons. Comments received cooler regions of Mendocino (Anderson According to the petitioner, records on or before the closing date will be Valley, etc.) as well as giving harvests from this station show that, in the most carefully considered. Comments that allow for more consistent maturity recent eight year period, the ‘‘Redwood received after that date will be given the found in the more interior valleys Valley’’ received 22% more rainfall than same consideration if it is practical to (Potter Valley, etc.) of this county.’’ the Ukiah Valley. The petitioner do so. However, assurance of In addition, the February 15, 1993 provided a table comparing the monthly consideration can only be given to issue of The Wine Spectator, page 11, totals for rainfall in ‘‘Redwood Valley’’ comments received on or before the contains an article entitled ‘‘California’s and Ukiah, for the eight year period for closing date. Redwood Valley Moves Out of the which they have maintained records. ATF will not recognize any submitted Shadows,’’ by Robyn Bullard, which The table and charts were prepared from material as confidential and comments states as follows. ‘‘Wineries such as data gathered from the Light Vineyard may be disclosed to the public. Any Fetzer, Weibel, and Frey have been in Weather station which meets U.S. material which the commenter Redwood Valley for years, but now four Weather Bureau standards. According to considers to be confidential or more wineries have cropped up. The these records, the average total monthly inappropriate for disclosure to the region boasts good soil and operating rainfall in Ukiah Valley was 32.48 public should not be included in the costs that are cheaper than other areas inches during the period of July through comments. The name of the person in Northern California * * * Costs June compared to an average total of submitting a comment is not exempt aside, Redwood Valley vineyards have 39.62 inches for ‘‘Redwood Valley’’ from disclosure. long yielded quality grapes * ** during the same period. The petitioner Comments may be submitted by Compared to the hot Ukiah Valley, also provided a graph comparing the facsimile transmission to (202) 927– Redwood Valley is much cooler. The annual rainfall values for ‘‘Redwood 8602, provided the comments: (1) Are area rarely gets fog, but the terrain and Valley’’ and Ukiah Valley averaged over legible; (2) are 81⁄2′′×11′′ in size, (3) location allow ocean breezes—the same a six year period. The graph indicates contain a written signature, and (4) are winds that cool Anderson Valley.’’ that the precipitation values for three pages or less in length. This According to the petitioner, there are ‘‘Redwood Valley’’ were consistently limitation is necessary to assure a number of factors that make higher than those for Ukia Valley over reasonable access to the equipment. ‘‘Redwood Valley’’ climatically distinct. the six year period measured. Comments sent by FAX in excess of The petitioner provided a table listing According to the petitioner, three pages will not be accepted. the major agricultural areas of ‘‘Redwood Valley’s’’ temperatures are Receipt of FAX transmittals will not be Mendocino County and their respective several degrees lower in daily lows than acknowledged. Facsimile transmitted climatic region and number of degree Ukiah Valley. The petitioner states that, comments will be treated as originals. days, as reflected in the SCS Soil ‘‘(t)his accounts for the lower growing Any person who desires an Survey, 1991, pg. 4. Degree day figures degree day totals in Redwood Valley opportunity to comment orally at a for Anderson Valley were unavailable. and its placement in Region II. So, public hearing on the proposed The table indicates that ‘‘Redwood although Redwood Valley may reach regulation should submit his or her Valley’’ has 2,914 degree days and is the daily high temperatures similar to the request, in writing, to the Director only Region II Climate in Mendocino Ukiah area, because of cooler nights within the 45-day comment period. The County, factors that the petitioner states there remains a longer morning cool Director, however, reserves the right to are significant. In support of this period. The petitioner also provided a determine, in light of all circumstances, assertion, the petitioner cites the grape chart comparing monthly average whether a public hearing will be held. growing textbook General Viticulture, temperatures for the two areas averaged 1974, by Winkler et al., which he states over a six year period. Paperwork Reduction Act contains the following excerpt: ‘‘Region This chart supports the petitioner’s The provisions of the Paperwork II.—An area of great importance. The contentions regarding average maximum Reduction Act of 1995, Pub. L. 96–511, valleys can produce most of the and minimum temperatures. 44 U.S.C. Chapter 35, and its premium-quality and good standard implementing regulations, 5 CFR part Proposed Boundaries white and red table wines of California. 1320, do not apply to this notice The less productive slopes and hillsides The proposed ‘‘Redwood Valley’’ because no requirement to collect vineyards cannot compete in growing viticultural area is located in east information is proposed. grapes for standard wines, because of central Mendocino County, California. lower yield, but, nevertheless, can The proposed boundaries of the Regulatory Flexibility Act produce favorable yields of fine wines’’ viticultural area can be found on four It is hereby certified that this (pgs. 66–67). U.S. Geological Survey Quadrangle proposed regulation will not have a The petitioner states that, ‘‘(s)ince Maps labeled, ‘‘Redwood Valley, Calif.’’ significant impact on a substantial November of 1987, Light Vineyard of 1960, photorevised 1975, ‘‘Ukiah, number of small entities. The Redwood Valley (Latitude 39 degrees Calif.’’ 1958, photorevised 1975, establishment of a viticultural area is 18.32′, Longitude 123 degrees 12.46′, ‘‘Laughlin Range, Calif.’’ 1991 and, ‘‘Orr neither an endorsement nor approval by elevation 800′) has maintained a U.S. Springs, California, provisional edition’’ ATF of the quality of wine produced in Weather Bureau standard weather 1991. All are 7.5 minute series maps. It the area, but rather an identification of station including the following should be noted that the entire eastern an area that is distinct from surrounding instruments: maximum/minimum boundary of the proposed ‘‘Redwood areas. ATF believes that the thermometer, Belfort Recording Valley’’ viticultural area abuts the establishment of viticultural areas Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46407 merely allows wineries to more (1) ‘‘Redwood Valley, Calif.’’ 1960, PANAMA CANAL COMMISSION accurately describe the origin of their photorevised 1975. 35 CFR Parts 133 and 135 wines to consumers, and helps (2) ‘‘Ukiah, Calif.’’ 1958, photorevised consumers identify the wines they 1975. RIN 3207±AA38 purchase. Thus, any benefit derived from the use of a viticultural area name (3) ‘‘Laughlin Range, Calif.’’ 1991. Tolls for Use of Canal; Rules for is the result of the proprietor’s own (4) ‘‘Orr Springs, California, Measurement of Vessels efforts and consumer acceptance of provisional edition’’ 1991. AGENCY: Panama Canal Commission. wines from that region. (c) Boundary. The Redwood Valley ACTION: Notice of proposed rulemaking; Accordingly, a regulatory flexibility viticultural area is located in the east request for comments; notice of hearing. analysis is not required because the central interior portion of Mendocino proposal, if promulgated as a final rule, County, California. The boundaries of SUMMARY: The Panama Canal is not expected (1) to have significant the Redwood Valley viticultural area, Commission (PCC) proposes increasing secondary, or incidental effects on a using landmarks and points of reference the general toll rates for the Canal and substantial number of small entities; or found on appropriate U.S.G.S. maps, applying certain rules of measurement (2) to impose, or otherwise cause a follow. for on-deck container capacity. significant increase in the reporting, Current toll rates will not produce recordkeeping, or other compliance (1) The beginning point is the revenues sufficient to cover costs of burdens on a substantial number of intersection of State Highway 20 with operations and maintenance and PCC’s small entities. the eastern boundary of Section 13, T16N/R12W located in the extreme capital program for plant replacement, Executive Order 12866 northeast portion of the U.S.G.S. map, expansion and modernization. For FYs It has been determined that this ‘‘Ukiah, Calif.’’; 1996–1998 alone, the toll deficiencies projected are $2.2, $34.5 and $69.7 proposed regulation is not a significant (2) Then north along the east regulatory action as defined by million, respectively. To address this, boundary line of Sections 12 and 1 to the PCC here proposes a two-phase toll- Executive Order 12866. Accordingly, the northeast corner of Section 1, T16N/ this proposal is not subject to the rate increase—8.2 percent in FY 1997 R12W on the U.S.G.S. map, ‘‘Redwood and 7.5 percent in FY 1998—coupled analysis required by this executive Valley, Calif.’’; order. with an amendment to apply rules of (3) Then west along the northern measurement to on-deck container Drafting Information boundary line of Section 1 to the capacity as well as the volume of the The principal author of this document northwest corner of Section 1, T16N/ vessel itself. If for any reason rules of is David W. Brokaw, Wine, Beer, and R12W; measurement are not applied as Spirits Regulations Branch, Bureau of (4) Then north along the east proposed here, the general toll-rate Alcohol, Tobacco and Firearms. boundary line of sections 35, 26, 23, 14, increase will be adjusted to 8.7 and 7.9 11, and 2 to the northeast corner of percent, respectively. List of Subjects in 27 CFR Part 9 Section 2, T17N/R12W; The proposed increases comply with Administrative practices and the statutory requirement that tolls be (5) Then west along the northern set at rates that produce revenues procedures, Consumer protection, boundary of Sections 2, 3, 4, 5, and 6 Viticultural areas, and Wine. sufficient to cover Canal costs of to the northwest corner of Section 6, operation and maintenance, including Authority and Issuance T17N/R12W; capital for plant replacement, expansion Title 27, Code of Federal Regulations, (6) Then 10 degrees southwest cutting and improvements, and working capital. part 9, American Viticultural Areas, is diagonally across Sections 1, 12, 13, 24, PCC anticipates that, in FYs 1996– proposed to be amended as follows: 25, and 36 to a point at the northwest 1998 alone, it will experience, in the corner of Section 1, T16N/R13W on the aggregate, a significant deficit resulting PART 9ÐAMERICAN VITICULTURAL U.S.G.S. map, ‘‘Laughlin, Range, Calif.’’; from increased traffic demands on AREAS (7) Then south along the western capacity and the resultant capital Paragraph 1. The authority citation boundary line of Sections 1 and 12 to program. To meet this challenge, PCC’s for Part 9 continues to read as follows: the southwest corner of Section 12, Board of Directors approved T16N/R13W; management’s recommendation to Authority: 27 U.S.C. 205. increase and accelerate the capital (8) Then 13 degrees southeast across program to ensure a Canal operating Subpart CÐApproved American Sections 13, 18, and 17 to the capacity that meets future traffic Viticultural Areas intersection of State Highway 20 and demands and an acceptable long-term Par. 2. Subpart C is amended by U.S. Highway 101, T16N/R12W on the quality of transit service. More adding § 9. to read as follows: U.S.G.S. map, Ukiah, Calif.’’; specifically, the PCC’s capital program * * * * * (9) Then easterly along a line for FYs 1996–1998 totals $248 million; following State Highway 20 back to the an additional $228 million is § 9 Redwood Valley. beginning point at the eastern boundary programmed for FYs 1999–2000. This (a) Name. The name of the viticultural of Section 13, T16N/R12W located in capital program will augment and area described in this section is the extreme northeast portion of the advance the implementation of many ‘‘Redwood Valley.’’ U.S.G.S. map ‘‘Ukiah, Calif.’’ modernization and improvement (b) Approved maps. The appropriate Dated: August 23, 1996. programs in response to projected maps for determining the boundary of customer requirements. the Redwood Valley viticultural area are John W. Magaw, The maximum general toll rate four Quadrangle 7.5 minute series Director. increases that could result from this 1:24,000 scale U.S.G.S. topographical [FR Doc. 96–22346 Filed 8–30–96; 8:45 am] proposal are 8.7 percent, effective maps. They are titled: BILLING CODE 4810±31±P January 1, 1997, and 7.9 percent, 46408 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules effective January 1, 1998. However, if from Gaillard Highway), at 9:00 a.m. further explaining the basis and Canal measurement rules are adopted so Oral presentations should be limited to justification for the changes. as to apply to on-deck container 20 minutes. Regulations governing the The 1994 revision of the Rules for capacity, the general toll rate increases content of the notice of appearance or Measurement of Vessels was designed to will be 8.2 percent and 7.5 percent, intention to present supplementary data simplify the measurement procedures in respectively. at the hearing appear at 35 CFR 70.8 and effect at the Canal and to bring those In 1994, PCC completely revised the 70.10. rules in line with the worldwide Rules for Measurement of Vessels for FOR FURTHER INFORMATION CONTACT: John standard of tonnage measurement the Canal in 35 CFR Part 135. This A. Mills at the above address, contained in the 1969 International change simplified PCC’s measurement (telephone: (202) 634–6441). Copies of Convention of Tonnage Measurement of procedures and brought measurement PCC’s analysis showing the detailed Ships. Those rules, which are currently rules at the Canal in line with the basis and justification for the proposed in effect and which are referred to worldwide standard of tonnage changes are available from PCC (at the collectively as the Panama Canal/ measurement. These new rules are above addresses). Universal Measurement System (or PC/ UMS), presently do not include in the referred to collectively as PC/UMS. SUPPLEMENTARY INFORMATION: Section calculation of a ship’s earning capacity This proposal will allow PCC to 1602(b) of the Panama Canal Act of any open spaces available for the charge its customers more equitably for 1979, as amended, 22 U.S.C. 3792(b), revenue producing capacity. carriage of containers on or above the requires that Canal tolls be prescribed at main deck. Specifically, the adjustments proposed rates calculated to produce revenues to here include in the PC/UMS Net The evolution of container ships has cover as nearly as practicable all costs resulted in improved design and Tonnage a portion of the volume of the of maintaining and operating the maximum capacity of containers carried increased capacity to permit far greater Panama Canal and the facilities and use of on-deck space. Today, 40 to 60 on or above the upper deck (VMC). The appurtenances related thereto, as well as proposed rule authorizes PCC to percent of useable capacity of modern to provide capital for plant replacement, container ships is on or above the main determine which ships qualify for the expansion and improvements, and assessment and to calculate their VMC. deck. Thus, these ships have increased working capital. their earning capacity in terms of The VMC multiplied by an appropriate Toll rates were last increased on factor, described below, produces the volume, whereas their PC/UMS Net October 1, 1992. The 1992 rate increase Tonnage calculation under current rules portion to be included in the PC/UMS was adequate to recover operating costs Net Tonnage. does not include this revenue-producing and capital expenditures through FY space. The same is true with respect to This notice also announces the 1995. However, record-breaking traffic availability from PCC of an analysis a significant number of other ships levels are rapidly approaching the which, in addition to the bulk and other showing the basis and justification for Canal’s existing operating capacity, and the proposed changes, solicits written cargoes they carry below deck, also have have caused the PCC to re-evaluate its the capacity to carry containers on and data, views, or arguments from financial requirements to meet its interested parties, and sets the time and above the main deck. In other words, longstanding commitment to quality PCC is not currently charging equitably place for two public hearings, one in the customer service which includes an United States and one in Panama. for full revenue producing space. average 24-hour Canal Waters Time The costs of PCC’s expanded capital DATES: Written comments and requests (CWT). Average CWT in FY 1995 rose program have prompted PCC to focus on to present oral testimony must be to 28.2 hours and has increased further this practice and conclude that it is received on or before September 25, during the first ten months of FY 1996 inconsistent with the basic principle 1996; public hearings will be held on to 32.6 hours. Unless major governing all Canal toll assessments, October 8, 1996, in Washington, DC; improvements to increase Canal i.e., that tolls are to be based on net and in Panama, Republic of Panama on capacity are completed, CWT cannot be vessel tons of earning capacity. October 10, 1996. meaningfully improved as Canal traffic Containers carried on or above the main ADDRESSES: Comments and requests to continues to grow and strain the deck expand the earning capacity. That testify at the hearings in Panama City, existing operating capacity. added capacity should therefore be Panama and in Washington, DC may be PCC will increase Canal capacity by taken into account in setting Canal tolls. mailed to: John A. Mills, Secretary, implementing a number of This proposal includes in PC/UMS Panama Canal Commission, 1825 I modernization and improvement Net Tonnage a portion of the volume of Street NW., Suite 1050, Washington, DC projects, including the acceleration of the capacity of containers carried on or 20006–5402, Telephone: (202) 634– the Gaillard Cut widening project, above the main deck. The rules would 6441, Fax: (202) 634–6439, Internet E- augmentation of the tugboat fleet, design authorize the PCC to determine which Mail: [email protected]; or the and procurement of additional ships qualify for the assessment and to Office of Financial Management, locomotives, modernization of the calculate the volume of their on-deck Panama Canal Commission, Balboa vessel traffic management system, container capacity (VMC). The VMC Heights, Republic of Panama hydraulic conversion of miter gates and would then be multiplied against an (Telephone: 011–507–272–3194, Fax: rising stem valves moving machinery, appropriate factor (designated in the 011–507–272–3040). and automation of locks machinery amendments as ‘‘CF1’’) to produce the For the first time, the PCC will be controls. As a result, at present toll portion to be included in PC/UMS Net holding two hearings on the same toll- rates, total operating expenses and Tonnage. rate/measurement-rule proposal. Those capital expenditure requirements are Section 1604 of the Panama Canal Act hearings will be held at the ANA estimated to exceed revenues by $2.2 of 1979, as amended, 22 U.S.C. 3794, HOTEL, Ballroom I, 2401 M Street, NW, million in FY 1996, $34.5 million in FY establishes procedures for proposing toll Washington, DC, at 8:00 a.m.; and at 1997, and $69.7 million in FY 1998. rate increases and changes in the rules MIRAFLORES VISITOR’S PAVILION This necessitates an increase in the for measurement of vessels. Those THEATER, Building 6–A, Miraflores general toll rate. As noted above, a procedures have been supplemented by Locks, Republic of Panama (accessible detailed written analysis is available regulations in 35 CFR Part 70, which Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46409 also provide interested parties with With amend- Without volume and VMC information presented instructions for participating in the Effective ment Amendment to the Commission shall be subject to process governing changes in toll rates verification, and if necessary, correction date Per- Toll Per- Toll and measurement rules. cent rate cent rate as necessary to ensure accuracy to a PCC will consider and strongly degree acceptable to the Commission. encourages all interested parties to 1/1/97 ...... 8.2 $2.39 8.7 $2.40 * * * * * present in writing or orally at the 1/1/98 ...... 7.5 2.57 7.9 $2.59 4. Section 135.13 is amended by hearings, pertinent data, views or revising the formula for determining PC/ arguments, along with other relevant (b) On vessels in ballast without UMS Net Tonnage in paragraph (a), by information, before PCC publishes its passengers or cargo, per PC/UMS Net adding new paragraphs (a)(10) and final rules in the Federal Register. The Ton. (a)(11), and by revising paragraph (b) to final rules, as approved and published read as follows: by the PCC, will be effective no earlier With amend- Without than 30 days from the date of their Effective ment amendment § 135.13 Determination of PC/UMS Net Tonnage. publication in the Federal Register. date Per- Toll Per- Toll PCC is exempt from Executive Order cent rate cent rate * * * * * 12866. Accordingly, provisions of that (a) * * * 1/1/97 ...... 8.2 $1.90 8.7 $1.91 directive do not apply to this rule. Even PC/UMS Net Tonnage = if the Order were applicable, the change 1/1/98 ...... 7.5 2.04 7.9 2.06 K4(V)+K5(V)+CF1(VMC) would not constitute a ‘‘rule’’ as that term is defined in the Regulatory (c) On other floating craft including * * * * * Flexibility Act [5 U.S.C. 601(2)] because warships, other than transports, colliers, (10) ‘‘CF1’’ = .031 for ships which the it concerns ‘‘rates’’ and ‘‘practices hospital ships, and supply ships, per Commission determines are designed to relating’’ thereto. ton of displacement: carry containers on or above the upper Further, PCC has determined that deck; otherwise ‘‘CF1’’ = 0. In making implementation of this rule will have no With amend- Without the foregoing determination, the ment amendment adverse effect on competition, Effective Commission may consider employment, investment, productivity, date Per- Toll Per- Toll documentation provided by such innovation, or on the ability of the cent rate cent rate officials as are authorized by national United States-based enterprises to governments to undertake surveys and compete with foreign-based enterprises 1/1/97 ...... 8.2 $1.33 8.7 $1.34 issue national tonnage certificates. 1/1/98 ...... 7.5 1.43 7.9 1.45 in domestic or export markets. (11) ‘‘VMC’’ = the volume (in cubic The Secretary of the PCC certifies that meters) of maximum capacity of the these proposed regulatory changes meet PART 135ÐRULES FOR containers that can be carried on or the applicable standards in sections 3(a) MEASUREMENT OF VESSELS above the upper deck. This volume may and 3(b)(2) of Executive Order No. be calculated by multiplying the 1. The authority citation for part 135 12988 of February 7, 1996. maximum number of containers by 29.2 is revised to read as follows: m3, or by other generally accepted List of Subjects in 35 CFR Part 133 and Authority: 22 U.S.C. 3791. methods that meet the Commission’s 135 2. Section 135.2 is amended by accuracy standards. VMC will not Measurement, Navigation, Panama adding at the end thereof a new include any container capacity that is Canal, Vessels. sentence to read as follows: included in ‘‘V’’. Accordingly, it is proposed that 35 (b) For vessels subject to transitional CFR parts 133 and 135 be amended as § 135.2 Vessels generally to present relief measures, the existing Panama follows: tonnage certificate or be measured. Canal Net Tonnage as specified on the ** * In addition, these same vessels certificate issued by the Commission PART 133ÐTOLLS FOR USE OF shall provide documentation, such as plus CF1 (VMC) shall be the PC/UMS CANAL plans and classification certificates, Net Tonnage. In such case, the formula with sufficient information to determine 1. The authority citation for part 133 for determining PC/UMS Net Tonnage the volume of the maximum capacity of is revised to read as follows: is: PC/UMS Net Tonnage=Panama Canal containers that may be carried on or Net Tonnage+CF1(VMC). Authority: 22 U.S.C. 3791. above the upper deck, or VMC as 5. Section 135.14, is amended by 2. Section 133.1 is revised to read as defined in § 135.13 (a)(11). adding a new paragraph (d) to read as follows (Note: Alternative versions of 3. In § 135.3 the heading and follows: toll rates are shown in this proposed paragraph (a) are revised to read as rule): follows: § 135.14 Change of PC/UMS Net Tonnage. * * * * * § 133.1 Rates of Toll. § 135.3 Determination of total volume and (d) If the VMC of a vessel is changed The following rates of toll shall be VMC. due to any physical modification after paid by vessels using the Panama Canal (a) Determination of total volume and the vessel’s PC/UMS Net Tonnage has to become effective January 1, 1997 and VMC used to calculate PC/UMS Net been determined at the Canal, the PC/ January 1, 1998: Tonnage shall be carried out by the UMS Net Tonnage may be revised by (a) On merchant vessels, yachts, army Panama Canal Commission. In so doing, the Commission. and navy transports, colliers, hospital however, the Commission may rely 6. Section 135.15 is amended by ships, and supply ships, when carrying upon total volume and VMC adding new paragraphs (d) and (e), to passengers or cargo, per PC/UMS Net information provided by such officials read as follows: Ton that is, the Net Tonnage determined as are authorized by national in accordance with part 135 of this governments to undertake surveys and § 135.15 Calculation of volumes. chapter: issue national tonnage certificates. Total * * * * * 46410 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules

(d) VMC may be calculated by ENVIRONMENTAL PROTECTION rulemaking, excepting any information multiplying the maximum number of AGENCY claimed as CBI, are available for public containers by 29.2 m3, or by other review. This public record has been generally accepted methods that meet 40 CFR Part 59 established for the rulemaking under Docket No. A–92–18 and contains the Commission’s accuracy standards. [AD±FRL±5604±1] supporting information used in (e) For purposes of this part, the developing the proposed rule. The outside dimension of a container is 8 ft. National Volatile Organic Compound docket, including paper versions of × 8 ft. × 20 ft, or 36.25 m3. These Emission Standards for Architectural Coatings electronic comments, is available for parameters will be used for determining public inspection and copying between the maximum above-deck container AGENCY: Environmental Protection 8:30 a.m. and 5:30 p.m., Monday capacity. Agency (EPA). through Friday, at the U.S. 7. Section 135.31 is amended by ACTION: Proposed rule; extension of Environmental Protection Agency Air adding at the end thereof a new public comment period. and Radiation Docket and Information sentence to read as follows: Center (6102), Waterside Mall, Room SUMMARY: The EPA is publishing the M1500, 401 M Street, SW, Washington, § 135.31 Transitional relief measures. proposed regulatory text and extending DC 20460; telephone number (202) 260– the public comment period for the ** * Vessels subject to relief 7548, FAX (202) 260–4400. A proposed National Volatile Organic measures shall provide Canal reasonable fee may be charged for Emission Standards for Architectural copying. authorities with sufficient Coatings. As initially published in the documentation, such as plans and FOR FURTHER INFORMATION CONTACT: Ms. Federal Register on June 25, 1996 (61 Ellen Ducey, Coatings and Consumer classification certificates, for the FR 32729), written comments on the Commission to determine the VMC. Products Group, Emission Standards proposed rule were to be submitted to Division (MD–13), U.S. Environmental 8. Section 135.41 is amended by the EPA on or before August 30, 1996 Protection Agency, Office of Air Quality revising the first sentence to read as (a 60-day public comment period). The Planning and Standards, Research follows: public comment period is being Triangle Park, North Carolina 27711, extended and will end on September 30, telephone number (919) 541–5408. § 135.41 Measurement of vessels when 1996. SUPPLEMENTARY INFORMATION: On June volume information is not available. Two errors in the proposed rule are 25, 1996, at 61 FR 32729, the EPA being corrected in this notice, and the When an ITC 69 or suitable substitute published the proposed National text of the corrected proposed rule is and documentation for the calculation Volatile Organic Compound Emission printed herein for the convenience of of the VMC are not presented, or when Standards for Architectural Coatings interested parties. the certificate, substitute or VMC and provided a 60-day public comment In addition, this document discusses documentation presented does not meet period. Requests have been received to the definition of ‘‘small entity’’ used to accuracy standards acceptable to the extend the public comment period evaluate impacts under the Regulatory Commission, vessels will be measured beyond the 60 days originally provided. Flexibility Act since it is different than in a manner that will include the entire In consideration of these requests, some the definition used by the Small cubical contents of V and VMC as of which were from small businesses Business Administration (SBA). The that will be affected by the rule, the EPA defined in this part. * ** EPA requests comments on this is extending the comment period by 30 9. Section 135.42 is amended by alternative definition. adding a new paragraph (c) to read as days (until September 30, 1996), in DATES: Written comments must be order to give all interested persons the follows: submitted by September 30, 1996. opportunity to comment fully. § 135.42 Measurement of vessels when ADDRESSES: Comments. Comments The proposed rule text is included in tonnage cannot be otherwise ascertained. should be submitted (in duplicate) to: this notice to enhance its availability to Air and Radiation Docket and * * * * * commenters. Corrections of two errors Information Center (6102), Attention: in the previous version of the rule text (c) VMC may be determined by any Docket No. A–92–18, U.S. are highlighted below. accepted method or combination of Environmental Protection Agency, 401 The first correction is in the definition methods, including but not limited to, M Street, SW, Washington, DC 20460. of volatile organic compound (VOC) simple geometric formulas, Comments and data may also be content in Section 59.401. Both multiplication of a container by 29.2 m3, submitted electronically by sending Equation 1 and Equation 2 define the or other standard mathematical formula. electronic mail (e-mail) to: a-and-r- term Ws. This term is used to represent The on-deck container capacity of a [email protected]. Electronic ‘‘the weight of volatiles, in grams.’’ In vessel for VMC purposes will be comments must be submitted as an the previous version of the proposed determined by the Commission. ASCII file avoiding the use of special rule, it was incorrectly defined as ‘‘the characters and any form of encryption. weight of VOC, in grams.’’ The EPA’s Dated: August 28, 1996. Comments and data will also be Method 24—Determination of volatile John A. Mills, accepted on diskette in WordPerfect 5.1 matter content, water content, density, Secretary, Panama Canal Commission. file format or ASCII file format. All volume solids, and weight solids of [FR Doc. 96–22398 Filed 8–30–96; 8:45 am] comments and data in electronic form surface coatings details the standard BILLING CODE 3640±04±P must be identified by the docket number methods used to determine the VOC A–92–18. No Confidential Business content of a coating, including the Information (CBI) should be submitted volatile content of coatings. through e-mail. The second correction is in Section Docket. The proposed regulatory text 59.403 which details container labeling and other materials related to this requirements. The error in the rule text Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46411 was in paragraph (a)(3), which describes employees or by annual receipt levels, April 1, 1997 for sale or distribution in the VOC content type of information depending on the SIC code. For SIC the United States. that must be on the label. The incorrect 2851, Paint and Allied Products, the (b) The provisions of this subpart portion of the proposed rule text SBA defines small business as fewer apply to each manufacturer or importer required the label to include a statement than 500 employees. Because the of architectural coatings that sells or of the VOC content in the container. coating manufacturing industry is not distributes these coatings in the United This is being corrected to specify that labor intensive, a revenue value cut-off States. the VOC content statement on the label rather than a number of employees cut- (c) The provisions of this subpart do shall refer to the maximum VOC content off appears to be a better measure to not apply to architectural coatings of the coating in the container, reflect the ability of a manufacturer to meeting the requirements in paragraphs displayed in units of grams of VOC per devote time as well as research and (c)(1), (c)(2), (c)(3), (c)(4), or (c)(5) of this liter of coating thinned to the development resources to meet section. manufacturer’s recommendation, regulation requirements. Based on input (1) Coatings that are manufactured excluding the volume of any water, from stakeholders, the EPA has defined exclusively for sale or distribution exempt compounds, or colorant added small manufacturers as having less than outside the United States. to tint bases. $10 million in annual architectural (2) Coatings that are manufactured or Information on the label about the coating sales and less than $50 million imported prior to April 1, 1997. maximum VOC content of the coating in total annual sales of all products. (3) Coatings that are sold in may not allow consumers to compare Using this alternative definition, nonrefillable aerosol containers. VOC contents of different coatings. This between 70 and 85 percent of the (4) Coatings that are collected and is because manufacturers would tend to architectural coating industry would be redistributed at community-based paint specify on the label that the maximum classified as small. The EPA requests exchanges. VOC content of the coating is the comment on use of this alternative (5) Coatings that are sold in containers applicable standard. Use of a maximum definition to identify small entities with a volume of one liter or less. VOC content on the label that is well under the Regulatory Flexibility Act. above the actual VOC content of the § 59.401 Definitions. coating would allow a manufacturer to List of Subjects in 40 CFR Part 59 Administrator means the account for fluctuations in VOC content Administrator of the United States Environmental protection, Air Environmental Protection Agency (U.S. of the coating due to batch variation, as pollution control, Architectural well as formulation modifications EPA) or his or her authorized coatings, Ozone, Volatile organic representative. without requiring a label change to compound. reflect the actual VOC content Antenna coating means a coating adjustment. The EPA requests comment Dated: August 23, 1996. formulated and recommended for on whether consumers would benefit Mary D. Nichols, application to equipment and associated from a VOC labeling requirement that Assistant Administrator for Air and structural appurtenances that are used more accurately reflects the actual VOC Radiation. to receive or transmit electromagnetic content of the coating. For example, the signals. For the reasons set out in the Anti-fouling coating means a coating requirement could specify that the VOC preamble, it is proposed that 40 CFR content of the coating must be within 75 formulated and recommended for Part 59 be added consisting of subpart application to submerged stationary grams of the VOC content on the label. D to read as follows: Alternatively, the EPA requests structures and their appurtenances to comment on the use of a label which PART 59ÐNATIONAL VOLATILE prevent or reduce the attachment of would specify ‘‘this coating meets all ORGANIC COMPOUND EMISSION marine or freshwater biological applicable State and Federal VOC STANDARDS FOR CONSUMER AND organisms, including, but not limited to, requirements.’’ COMMERCIAL PRODUCTS coatings registered with the EPA under the Federal Insecticide, Fungicide, and Request for Comment on Definition of Subpart DÐNational Volatile Organic Rodenticide Act (7 U.S.C. 136, et seq.) Small Business Compound Emission Standards for and nontoxic foul-release coatings. The Regulatory Flexibility Act of 1980 Architectural Coatings Anti-graffiti coating means a clear or requires special consideration of the Secs. opaque high performance coating effect of Federal regulations on small 59.400 Applicability and designation of specifically labeled as an anti-graffiti entities. Results of the initial regulatory source. coating and formulated and flexibility analysis were summarized in 59.401 Definitions. recommended for application to interior Section VII.D of the June 25, 1996 59.402 Standards. and exterior walls, doors, partitions, Federal Register notice for the 59.403 Container labeling requirements. fences, signs, and murals to deter 59.404 Test methods. architectural coatings proposed rule. 59.405 Recordkeeping requirements. adhesion of graffiti and to resist Docket No. A–92–18 contains the 59.406 Reporting requirements. repeated scrubbing and exposure to complete initial regulatory flexibility 59.407 Variances. harsh solvents, cleansers, or scouring analysis. Authority: 42 U.S.C. 7401 et seq. agents used to remove graffiti. To conduct a regulatory flexibility Appurtenance means any accessory to analysis, small entities may be defined Subpart DÐNational Volatile Organic a stationary structure, whether installed using the criteria prescribed in the Compound Emission Standards for or detached at the proximate site of Regulatory Flexibility Act or some other Architectural Coatings installation, including but not limited criteria identified by the EPA. The to: bathroom and kitchen fixtures; SBA’s general size standard definitions § 59.400 Applicability and designation of cabinets; concrete forms; doors; for Standard Industrial Classification source. elevators; fences; hand railings; heating (SIC) codes is one way to define small (a) The provisions of this subpart equipment, air conditioning equipment, businesses. These size standards are apply to architectural coatings and other fixed mechanical equipment presented either by number of manufactured or imported on or after or stationary tools; lamp posts; 46412 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules partitions; pipes and piping systems; Rodenticide Act (7 U.S.C. 136, et seq.), architectural subsections and that meets rain gutters and downspouts; stairways, that may change the color of the the weathering requirements of fixed ladders, catwalks, and fire substrate but does not conceal the American Architectural Manufacturer’s escapes; and window screens. substrate. Association specification 605.2 Section Architectural coating means a coating Coating means a protective, 7.9. recommended for field application to decorative, or functional film applied to Fire-retardant/resistive coating means stationary structures and their a surface. Such materials include, but a clear or opaque coating formulated appurtenances, to portable buildings, to are not limited to, paints, topcoats, and recommended to retard ignition and pavements, or to curbs. varnishes, sealers, stains, washcoats, flame spread, or to delay melting or Architectural coating importer or basecoats, enamels, and temporary structural weakening due to high heat importer means a company, group, or protective coatings. that has been fire tested and rated by a individual that brings architectural Coating product means all coatings certified laboratory for use in bringing coatings from a location outside the produced by one manufacturer or buildings and construction materials United States into the United States for imported by one importer that have the into compliance with Federal, State, and sale or distribution within the United same formulation and are defined local building code requirements. States. within the same architectural coating Flat coating means a coating that is Architectural coating manufacturer or category listed in Table 1 of this manufacturer means a company, group, not defined under any other definition subpart. in this section and that registers gloss or individual that produces, packages, Colorant means a concentrated less than 15 on an 85-degree meter or or repackages architectural coatings for pigment dispersion of water, solvent, less than 5 on a 60-degree meter sale or distribution in the United States. and/or binder that is added to an according to American Society for A company, group, or individual that architectural coating in a paint store or Testing and Materials Method D523, repackages architectural coatings as part on-site to produce the desired color. of a community-based paint exchange, Community-based paint exchange Standard Test Method for Specular and does not produce, package, or means a program in which members of Gloss. repackage any other architectural the general public may drop off and Floor coating means a coating that is coatings for sale or distribution in the pick up usable post-consumer formulated and recommended for United States, is excluded from this architectural coatings in order to reduce application to flooring including, but definition. household hazardous waste. not limited to, decks, porches, and steps Below-ground wood preservative Concrete curing compound means a and that has a high degree of abrasion means a coating that is formulated and coating formulated and recommended resistance. recommended to protect below-ground for application to freshly placed Flow coating means a coating that is wood from decay or insect attack and concrete to retard the evaporation of used by electric power companies or that is registered with the EPA under water. their subcontractors to maintain the the Federal Insecticide, Fungicide, and Concrete protective coating means a protective coating systems present on Rodenticide Act (7 U.S.C. 136, et seq.). high build coating formulated and utility transformer units. Bituminous coating and mastic means recommended for application in a single Form release compound means a a coating or mastic formulated and coat over concrete, plaster, or other coating formulated and recommended recommended for roofing, pavement cementitious surfaces. These coatings for application to a concrete form to sealing, or waterproofing that are formulated to be primerless, one- prevent the freshly placed concrete from incorporates bitumens. Bitumens are coat systems that can be applied over bonding to the form. The form may black or brown materials including, but form oils and/or uncured concrete. consist of wood, metal, or some material not limited to, asphalt, tar, pitch, and These coatings prevent spalling of other than concrete. asphaltite that are soluble in carbon concrete in freezing temperatures by Graphic arts coating or sign paint disulfide, consist mainly of providing long-term protection from means a coating formulated and hydrocarbons, and are obtained from water and chloride ion intrusion. recommended for hand-application natural deposits of asphalt or as Container means the individual either on site or in shop by artists using residues from the distillation of crude receptacle that holds the coating for brush or roller techniques to indoor or petroleum or coal. storage and distribution. outdoor signs (excluding structural Bond breaker means a coating Dry fog coating means a coating components) and murals including formulated and recommended for formulated and recommended only for lettering enamels, poster colors, copy application between layers of concrete spray application such that overspray blockers, and bulletin enamels. to prevent a freshly poured top layer of droplets dry before subsequent contact Heat reactive coating means a high concrete from bonding to the layer over with incidental surfaces in the vicinity performance phenolic-based coating which it is poured. of the surface coating activity. requiring a minimum temperature of Chalkboard resurfacer means a Exempt compounds means specific ° ° ° ° coating formulated and recommended organic compounds that are not 191 C (375 F) to 204 C (400 F) to for application to chalkboards to restore considered volatile organic compounds obtain complete polymerization or cure. a suitable surface for writing with chalk. due to negligible photochemical These coatings are formulated and Clear coating means a coating that reactivity. The exempt compounds are recommended for commercial and produces a dry film that allows light to specified in § 51.100(s) of this chapter. industrial use to protect substrates from pass through, so that the substrate may Exterior coating means an degradation and maintain product be distinctly seen. architectural coating formulated and purity in which one or more of the Clear and semitransparent wood recommended for use in conditions following extreme conditions exist: preservative means a coating that is exposed to the weather. (1) Continuous or repeated immersion formulated and recommended to protect Extreme high durability coating exposure to 90 to 98 percent sulfuric exposed wood from decay or insect means an air dry fluoropolymer-based acid or oleum; attack, registered with the EPA under coating that is formulated and (2) Continuous or repeated immersion the Federal Insecticide, Fungicide, and recommended for the protection of exposure to strong organic solvents; Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46413

(3) Continuous or repeated immersion Lacquer means a clear or pigmented Method D4256), and resistant to various exposure to petroleum processing at wood finish including clear lacquer chemicals to which the coatings are high temperatures and pressures; and sanding sealers formulated with likely to be exposed (American Society (4) Continuous or repeated immersion cellulosic or synthetic resins to dry by for Testing and Materials Method exposure to food or pharmaceutical evaporation without chemical reaction D3912). General protective requirements products which may or may not require and to provide a solid, protective film. are outlined by the Department of high temperature sterilization. Low solids stain means a stain Energy (formerly U.S. Atomic Energy High temperature coating means a containing one pound or less of solids Commission Regulatory Guide 1.54). high performance coating formulated per gallon (0.12 kilograms per liter) of Opaque coating means a coating and recommended for application to coating material and for which at least producing a dry film that does not allow substrates exposed continuously or half of the volatile component is water. light to pass through, so that the intermittently to temperatures above Low solids wood preservative means a substrate is concealed from view. 260 °C (500 °F). wood preservative containing one Opaque stain means a coating labeled Impacted immersion coating means a pound or less of solids per gallon (0.12 as a stain and formulated and high performance maintenance coating kilograms per liter) of coating material recommended to hide the surface but formulated and recommended for and for which at least half of the volatile not conceal its texture. application to steel structures subject to component is water. Opaque wood preservative means a immersion in turbulent, debris-laden Manufacturer (See the definition for coating formulated and recommended to water. These coatings are specifically architectural coating manufacturer.) protect wood from decay or insect attack resistant to high-energy impact damage Magnesite cement coating means a that is not classified as a clear, caused by floating ice or debris. coating formulated and recommended semitransparent, or below-ground wood Importer (See the definition for for application to magnesite cement preservative and that is registered with architectural coating importer.) decking to protect the magnesite cement the EPA under the Federal Insecticide, Industrial maintenance coatings mean substrate from erosion by water. Fungicide, and Rodenticide Act (7 high performance architectural coatings Mastic texture coating means a U.S.C. 136 et seq.). including primers, sealers, coating formulated and recommended to Pigmented means containing finely undercoaters, and intermediate and cover holes and minor cracks and to ground insoluble powder dispersed to topcoats formulated for substrates in conceal surface irregularities, and is give a characteristic color. industrial, commercial, or institutional applied in a single coat of at least 10 Post-consumer coating means an situations that are exposed to one or mils (0.010 inches; dry film thickness). architectural coating that has previously more of the following extreme Metallic pigmented coating means a been purchased or distributed but not environmental conditions: nonbituminous coating containing at applied, and reenters the marketplace to (1) Immersion in water, wastewater, least 0.4 pounds of metallic pigment per be purchased by or distributed to a or chemical solutions (aqueous and gallon (0.048 kilograms per liter) of consumer. Post-consumer coatings nonaqueous solutions), or chronic coating including, but not limited to, include, but are not limited to, coatings exposure of interior surfaces to moisture zinc pigment. collected during community-based condensation; Multi-colored coating means a coating household hazardous waste collection (2) Acute or chronic exposure to that is packaged in a single container programs for repackaging or blending corrosive, caustic, or acidic agents, or to and exhibits more than one color when with virgin coating materials. chemicals, chemical fumes, or chemical applied. Pretreatment wash primer means a mixtures or solutions; Nonferrous ornamental metal primer that contains a minimum of 0.5 (3) Repeated exposure to temperatures lacquers and surface protectant means a percent acid, by weight, that is applied above 120 °C (250 °F); clear coating formulated and directly to bare metal surfaces in thin (4) Repeated (frequent) heavy recommended for application to films to provide corrosion resistance abrasion, including mechanical wear ornamental architectural metal and to promote adhesion of subsequent and repeated (frequent) scrubbing with substrates (bronze, stainless steel, topcoats. industrial solvents, cleansers, or copper, brass, and anodized aluminum) Primer means a coating formulated scouring agents; or to prevent oxidation, corrosion, and and recommended for application to (5) Exterior exposure of metal surface degradation. substrates to provide a firm bond structures and structural components. Nonflat coating means a coating that between the substrate and subsequent Interior clear wood sealer means a is not defined under any other coats. low viscosity coating formulated and definition in this section and that Quick-dry enamel means a nonflat recommended for sealing and preparing registers a gloss of 15 or greater on an coating that has the following porous wood by penetrating the wood 85-degree meter or five or greater on a characteristics: and creating a uniform smooth substrate 60-degree meter according to American (1) Is capable of being applied directly for a finish coat of paint or varnish. Society for Testing and Materials from the container under normal Interior coating means an Method D523, Standard Test Method for conditions with ambient temperatures architectural coating formulated and Specular Gloss. between 16 and 27 °C (60 and 80 °F); recommended for use in conditions not Nuclear coating means any protective (2) When tested in accordance with exposed to natural weathering. coating used to seal porous surfaces American Society for Testing Materials Label means any written, printed, or such as steel (or concrete) that otherwise Method D1640, Standard Test Methods graphic matter affixed to, applied to, would be subject to intrusion by for Drying, Curing, or Film Formation of attached to, blown into, formed, molded radioactive materials. These coatings Organic Coatings at Room Temperature, into, embossed on, or appearing upon must be resistant to long-term (service sets to touch in two hours or less, is tack any architectural coating container for life) cumulative radiation exposure free in four hours or less, and dries hard purposes of branding, identifying, or (American Society for Testing and in eight hours or less by the mechanical giving information with respect to the Materials Method D4082), relatively test method; and product, use of the product, or contents easy to decontaminate (American (3) Has a dried film gloss of 70 or of the container. Society for Testing and Materials above on a 60 degree meter. 46414 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules

Quick-dry primer, sealer, and fire, smoke, or water damage; or to reactivity, also referred to as exempt undercoater means a primer, sealer, or condition chalky surfaces. compounds, refer to 40 CFR 51.100. undercoater that is dry to the touch in Semitransparent stain means a VOC content. (1) VOC content means one-half hour and can be recoated in coating formulated and recommended the amount of VOC, in grams, in one two hours when tested in accordance for application to substrates to impart a liter of coating thinned to the with American Society for Testing and desired color without completely manufacturer’s maximum Materials Method D1640, Standard Test concealing the surface or its natural recommendation excluding the volume Methods for Drying, Curing, or Film texture or grain pattern. of any water, exempt compounds, or Formation of Organic Coatings at Room Shellac means a clear or pigmented colorant added to tint bases. Grams of Temperature. coating formulated with natural resins VOC per liter of material means the Recycled coating means an soluble in alcohol (including, but not weight of VOC per volume of material architectural coating that contains some limited to, the resinous secretions of the and is calculated by using equation 1 portion of post-consumer coating. lac beetle, Laciffer lacca). Shellacs dry unless the coating meets the definition Recycled architectural coatings include, by evaporation without chemical of a ‘‘low solids’’ stain or wood but are not limited to, post-consumer reaction and provide a quick-drying, preservative, in which case, Equation 2 coatings that have been repackaged or solid protective film that may be used is used. blended with virgin coating materials. for blocking stains. − − Repackaging means to transfer an Swimming pool coating means a ()WWWs w ec architectural coating from one container coating formulated and recommended to VOC = ()Equation 1 − − to another container for sale or coat the interior of swimming pools and ()VVVm w ec distribution in the final container. to resist swimming pool chemicals. where: Repair and maintenance Thermoplastic rubber coating and thermoplastic coating means an mastic means a coating or mastic VOC = grams of VOC per liter of coating industrial maintenance coating that has formulated and recommended for Ws = weight of volatiles, in grams vinyl or chlorinated rubber as a primary application to roofing or other structural Ww = weight of water, in grams resin and is recommended solely for the surfaces and that incorporates no less Wec = weight of exempt compounds, in repair of existing vinyl or chlorinated than 40 percent by weight of grams rubber coatings without the full removal thermoplastic rubbers in the total resin Vm = volume of coating, in liters of the existing coating system. solids and may also contain other Vw = volume of water, in liters Roof coating means a nonbituminous ingredients including, but not limited Vec = volume of exempt compounds, in coating or a nonthermoplastic rubber to, fillers, pigments, and modifying liters coating formulated and recommended resins. (2) Equation 2 may be used to for application to exterior roofs for the Tint Base means a coating to which calculate the VOC content of the coating primary purpose of preventing colorant is added to produce a desired for low solids stains and wood penetration of the substrate by water or color. preservatives: reflecting heat and reflecting ultraviolet Traffic marking coating means a radiation. coating formulated and recommended ()WWW− − Rust preventive coating means a = s w ec for marking and striping streets, VOCls (Equation 2) coating formulated and recommended highways, and other traffic surfaces ()Vm for use in preventing the corrosion of including, but not limited to, curbs, ferrous metal surfaces in residential berms, driveways, parking lots, and where: situations. airport runways. VOCls = the VOC content of a low solids Sales means the introduction of a Undercoater means a coating coating in grams of VOC per liter of coating product into U.S. commerce. formulated and recommended to coating Sanding sealer means a clear wood provide a smooth surface for subsequent Ws = weight of volatiles, in grams coating formulated and recommended coats. Ww = weight of water, in grams for application to bare wood to seal the Varnish means a clear or semi- Wec = weight of exempt compounds, in wood and to provide a coat that can be transparent coating (excluding lacquers grams sanded to create a smooth surface. A and shellacs) formulated to provide a Vm = volume of coating, in liters sanding sealer that also meets the durable, solid, protective film. Waterproofing (treatment) sealer definition of a lacquer sanding sealer Varnishes may contain small amounts of means a coating that is applied to shall not be considered in this category, pigment to color a surface, or to control porous substrates for the primary but shall be considered to be in the the final sheen or gloss of the finish. purpose of preventing the penetration of lacquer category. Volatile organic compound or VOC water. Sealer means a coating formulated means any organic compound that and recommended for application to participates in atmospheric § 59.402 Standards. substrates for one or more of the photochemical reactions, that is, any (a) Effective April 1, 1997 and following purposes: to prevent organic compound other than those thereafter, manufacturers and importers subsequent coatings from being which the Administrator designates as of architectural coatings subject to this absorbed by the substrate; to prevent having negligible photochemical subpart shall limit the VOC content of harm to subsequent coatings by reactivity. For a list of compounds that each architectural coating manufactured materials in the substrate; to block the Administrator has designated as or imported to the VOC levels in Table stains, odors, or efflorescence; to seal having negligible photochemical 1, except as provided in § 59.407. Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46415

TABLE 1.ÐARCHITECTURAL COATING VOLATILE ORGANIC COMPOUND CONTENT LEVELS [Unless otherwise specified, units are in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation excluding the volume of any water, exempt compounds, or colorant added to tint bases]

Effective Coating category April 1, 1997

Antenna coatings ...... 530 Anti-fouling coatings ...... 400 Anti-graffiti coatings ...... 600 Bituminous coatings and mastics ...... 500 Bond breakers ...... 600 Chalkboard resurfacers ...... 450 Concrete curing compounds ...... 350 Concrete protective coatings ...... 400 Dry fog coatings ...... 400 Extreme high durability coatings ...... 800 Fire-retardant/resistive coatings: Clear ...... 850 Opaque ...... 450 Flat coatings: Exterior ...... 250 Interior ...... 250 Floor coatings ...... 400 Flow coatings ...... 650 Form release compounds ...... 450 Graphic arts coatings (sign paints) ...... 500 Heat reactive coatings ...... 420 High temperature coatings ...... 650 Impacted immersion coatings ...... 780 Industrial maintenance coatings ...... 450 Lacquers (including lacquer sanding sealers) ...... 680 Magnesite cement coatings ...... 600 Mastic texture coatings ...... 300 Metallic pigmented coatings ...... 500 Multi-colored coatings ...... 580 Nonferrous ornamental metal lacquers and surface protectants ...... 870 Nonflat coatings: Exterior ...... 380 Interior ...... 380 Nuclear coatings ...... 420 Pretreatment wash primers ...... 780 Primers and undercoaters ...... 350 Quick-dry coatings: Enamels ...... 450 Primers, sealers, and undercoaters ...... 450 Repair and maintenance thermoplastic coatings ...... 650 Roof coatings ...... 250 Rust preventative coatings ...... 400 Sanding sealers (other than lacquer sanding sealers) ...... 550 Sealers (including interior clear wood sealers) ...... 400 Shellacs: Clear ...... 650 Opaque ...... 550 Stains: Clear and semitransparent ...... 550 Opaque ...... 350 Low solids ...... a 120 Swimming pool coatings ...... 600 Thermoplastic rubber coatings and mastics ...... 550 Traffic marking coatings ...... 150 Varnishes ...... 450 Waterproofing sealers and treatments: Clear ...... 600 Opaque ...... 400 Wood preservatives: Below ground wood preservatives ...... 550 Clear and semitransparent ...... 550 Opaque ...... 350 Low solids ...... a 120 a Units are grams of VOC per liter of coating, including water and exempt compounds, thinned to the maximum thinning recommended by the manufacturer. 46416 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules

(b) If anywhere on the container of (3) Metallic pigmented coatings that subpart, the VOC content shall be any architectural coating, or any label or may also be suitable for use as roof determined using the procedure in sticker affixed to the container, or in any coatings, industrial maintenance § 59.404. With the exception of low sales, advertising, or technical literature coatings, or primers shall only be solids stains and low solids wood supplied by a manufacturer or importer subject to the VOC level in Table 1 for preservatives, the VOC content shall be or anyone acting on their behalf, any metallic pigmented coatings. determined in grams of VOC per liter of representation is made that the coating (4) Shellacs that may also be suitable coating thinned to the manufacturer’s may be suitable for use in more than one for use as primers, sealers, or maximum recommendation excluding of the coating categories listed in Table undercoaters shall only be subject to the the volume of any water, exempt 1, then the most restrictive VOC level VOC level in Table 1 for shellacs. compounds, or colorant added to tint shall apply. This requirement does not (5) Fire-retardant/resistive coatings bases. For low solids stains and low apply to the representation of the that may be suitable for use as any other solids wood preservatives, the VOC following coatings in paragraphs (b)(1) architectural coating shall only be content shall be determined in units of through (b)(7). subject to the VOC level in Table 1 for grams of VOC per liter of coating fire-retardant/resistive coatings. thinned to the manufacturer’s maximum (1) High temperature coatings that (6) Pretreatment wash primers that recommendation including the volume may also be suitable for use as metallic may be suitable for use as primers shall of any water and exempt compounds. pigmented coatings shall only be subject only be subject to the VOC level in to the VOC level in Table 1 for high Table 1 for pretreatment wash primers. (d) For the purpose of determining temperature coatings. (7) Industrial maintenance coatings compliance with the requirements of (2) Lacquer sanding sealers that may that may also be suitable for use as this subpart, manufacturers or importers also be suitable for use as sanding primers shall only be subject to the VOC of recycled architectural coatings may sealers in conjunction with clear lacquer level in Table 1 for industrial calculate an adjusted VOC content to topcoats shall only be subject to the maintenance coatings. account for the post-consumer coating VOC level in Table 1 for lacquer sanding (c) For the purpose of determining content. The adjusted VOC content shall sealers. compliance with the standards of this be determined using Equation 3.

  Percent Post-consumer Coating  Adjusted VOC = Actual VOC −  Actual VOC   (Equation 3)   100 

Where: compounds, or colorant added to architectural coating as determined Adjusted VOC = The VOC content tint bases.) in paragraph (e) of this section. assigned to the recycled coating for Actual VOC = The VOC content of the (e) Manufacturers or importers of purposes of complying with coating product as determined recycled architectural coatings provisions of this section (grams using the procedure in § 59.404. calculating an adjusted VOC as VOC per liter of coating thinned to described in § 59.402(d) of this section the manufacturer’s maximum Percent Post-consumer Coating = The shall determine the post-consumer recommendation excluding the volume percent of the coating architectural coating content of each volume of any water, exempt product that is post-consumer recycled coating using Equation 4.

Volume of Post-consumer Coating Percent Post-consumer = ×100 Percent (Equation 4) (Volume of Post-consumer Coating + Volume of Virgin Materials)

Where: subpart that are manufactured or grams of VOC per liter of coating Percent Post-consumer = The volume imported on or after April 1, 1997. thinned to the manufacturer’s maximum percent of a recycled coating that is (1) The date of manufacture of the recommendation excluding the volume post-consumer coating materials. contents or a code indicating the date of of any water, exempt compounds, or Volume of Post-consumer Coating = The manufacture. colorant added to tint bases. For low volume of post-consumer coating (2) A statement of the manufacturer’s solids stains and low solids wood materials per gallon used in the recommendation regarding thinning of preservatives, the VOC content shall be production of a recycled coating. the coating. This requirement does not displayed in units of grams of VOC per Volume of Virgin Materials = The apply to the thinning of architectural liter of coating thinned to the volume of virgin coating materials coatings with water. If thinning of the manufacturer’s maximum per gallon used in the production of coating prior to use is not necessary, the recommendation including the volume a recycled coating. recommendation shall specify that the of any water and exempt compounds. coating is to be applied without (b) Manufacturers and importers of § 59.403 Container labeling requirements. thinning. industrial maintenance coatings (a) Manufacturers and importers (3) The maximum VOC content of the manufactured or imported on or after subject to the provisions of this subpart coating in the container, including any April 1, 1997 that are subject to the shall include the information listed in recommended thinning. With the provisions of this subpart shall display paragraphs (a)(1) through (a)(3) of this exception of low solids stains and low on the label or lid of the container the section on the label or lid of all solids wood preservatives, this VOC phrase ‘‘NOT INTENDED FOR architectural coatings subject to this content shall be displayed in units of RESIDENTIAL USE.’’ Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46417

(c) Manufacturers or importers of (2) A list of the categories from Table subpart is necessary and will be recycled coatings complying with the 1 in § 59.402 in which coating products permitted. A hearing will be initiated no requirements of § 59.402(d) shall are manufactured or imported. later than 75 days after receipt of a indicate the post-consumer coating (c) Manufacturers or importers of variance application. Notice of the time content by including the following recycled architectural coatings shall and place of the hearing will be sent to statement on the container label or lid: report to the Administrator the the applicant by certified mail not less ‘‘CONTAINS NOT LESS THAN X information in paragraphs (c)(1) through than 30 days prior to the hearing. Notice PERCENT BY VOLUME POST- (c)(5) of this section for each coating of the hearing will also be published in CONSUMER COATING,’’ where ‘‘X’’ is product for which the adjusted VOC the Federal Register and sent to every replaced by the percent, by volume, of content, as determined in § 59.402(d) is person who requests such notice, not post-consumer architectural coating. to be used to demonstrate compliance. less than 30 days prior to the hearing. This report shall be submitted by § 59.404 Test methods. At least 30 days prior to the hearing, the February 1 of the calendar year (a) Except as provided in paragraph variance application will be made following the year in which the available to the public for inspection. (b) of this section, the EPA’s Reference coating(s) is (are) introduced into Information submitted to the Method 24 of Appendix A of Part 60 of commerce. Administrator by a variance applicant this chapter shall be used to determine (1) The volume of coating received for compliance with the VOC levels in recycling. may be claimed as confidential. The Table 1 of § 59.402. Analysis of (2) The volume of coating received Administrator may consider such waterborne coating VOC content that was unusable. confidential information in reaching a determined by Reference Method 24 (3) The volume of virgin materials decision on a variance application. shall be adjusted as described in Section used. Interested members of the public will be 4.4 of Reference Method 24. (4) The minimum post-consumer allowed a reasonable opportunity to (b) The Administrator may approve, content of the coatings manufactured or testify at the hearing and their testimony on a case-by-case basis, alternative imported. will be considered. methods of determining the VOC (5) The volume of the final recycled (c) The Administrator may grant a content of coatings if they are coating manufactured or imported. demonstrated to the Administrator’s variance if the criteria specified in (d) In cases where codes are used to paragraphs (c)(1) through (c)(3) are met. satisfaction to provide results equivalent represent the date of manufacture, as to or more accurate than those obtained provided in § 59.403(a)(1), the (1) If there are reasons beyond the using Reference Method 24. manufacturer or importer shall submit reasonable control of the applicant that complying with the provisions of this § 59.405 Recordkeeping requirements. an explanation of each date code to the Administrator by April 1, 1997 or subpart would result in economic (a) Each manufacturer or importer within 30 days after becoming subject to hardship, complying with the recycled coating the requirements of this subpart. This provisions in § 59.402(d) shall maintain (2) The public interest in mitigating report may be included with the initial records in written or electronic form of the extraordinary hardship to the compliance report. An explanation of the information specified in paragraphs applicant by issuing the variance any new date codes shall be filed with (a)(1) through (a)(6) of this section for a outweighs the public interest in the Administrator no later than 30 days period of three years. avoiding any increased emissions or air (1) The minimum percent post- after the new data code is first contaminants that would result from consumer coating content for each introduced into commerce. issuing the variance, and recycled coating. § 59.407 Variances. (3) The compliance report proposed (2) Calculations of the adjusted VOC (a) Any manufacturer or importer of by the applicant can reasonably be as determined using Equation 3 in architectural coatings subject to the implemented and will achieve § 59.402(d) for each recycled coating. provisions of this subpart that cannot compliance as expeditiously as possible. (3) The volume of coating received for comply with the requirements of this recycling. (d) Any variance order will specify a (4) The volume of coating received subpart because of extraordinary final compliance date by which the that was unusable. circumstances beyond reasonable requirements of this subpart will be (5) The volume of virgin materials. control may apply in writing to the achieved. Any variance order will (6) The volume of the final recycled Administrator for a variance. The contain a condition that specifies coating manufactured or imported. variance application shall include the increments of progress necessary to information specified in paragraphs assure timely compliance. § 59.406 Reporting requirements. (a)(1) through (a)(3). (a) All reports in this section shall be (1) The specific grounds upon which (e) A variance shall cease to be submitted to the appropriate address as the variance is sought. effective upon failure of the party to listed in § 60.4 of subpart A of this (2) The proposed date(s) by which whom the variance was granted to chapter. compliance with the provisions of this comply with any term or condition of (b) Each manufacturer and importer of subpart will be achieved. the variance. coatings subject to the provisions of this (3) A compliance report reasonably (f) Upon the application of any party, subpart shall submit an initial report no detailing the method(s) by which the Administrator may review, and for later than April 1, 1997 or within 180 compliance will be achieved. good cause, modify, or revoke a variance days after the date of the first (b) Upon receipt of a variance from requirements of this subpart after architectural coating manufactured or application containing the information holding a public hearing in accordance imported. The initial report shall required in paragraph (a) of this section, with the provisions of paragraph (b) of include the information in paragraphs the Administrator will hold a public this section. (b)(1) and (b)(2) of this section. hearing to determine whether, under (1) The name and mailing address of what conditions, and to what extent, a [FR Doc. 96–22266 Filed 8–30–96; 8:45 am] the manufacturer or importer. variance from the requirements in this BILLING CODE 6560±50±P 46418 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules

40 CFR Parts 64, 70, and 71 significant threat to public health or the that conditions at the site warrant such environment and therefore, CERCLA actions. [FRL±5605±1] remedial measures are not appropriate. II. NPL Deletion Criteria Compliance Assurance Monitoring DATES: Comments must be submitted by October 3, 1996. The NCP establishes the criteria that EPA uses to delete sites from the NPL. AGENCY: Environmental Protection ADDRESSES: Comments may be mailed Agency (EPA). to: Giezelle S. Bennett, Remedial Project In accordance with Section 300.425(e) ACTION: Correction to notice of public Manager, U.S. Environmental Protection of the NCP, sites may be deleted from meeting; notice of document Agency, Region IV, 345 Courtland the NPL where no further response is availability. Street, NE, Atlanta, GA 30365. appropriate. In making this Comprehensive information on this determination, EPA, in consultation SUMMARY: The August 13, 1996, notice Site is available through the EPA Region with the State, considers whether the concerning the availability of the draft IV public docket, which is located at site has met any of the following criteria Compliance Assurance Monitoring EPA’s Region IV office and is available for site deletion: (CAM) rule and the notice of public for viewing by appointment from 9:00 (i) Responsible or other parties have meeting (61 FR 41991) included a a.m. to 4:00 p.m., Monday through implemented all appropriate response statement that the draft documents Friday, excluding holidays. Requests for actions required; (ii) All appropriate response actions concerning required impact analyses appointments or copies of the under CERCLA have been implemented would be available no later than August background information from the and no further response actions are 30, 1996. This was a misstatement and regional public docket should be deemed necessary; or the documents will not be available directed to the EPA Region IV docket until the CAM rule is promulgated. (iii) The remedial investigation has office. determined that the release poses no FOR FURTHER INFORMATION CONTACT: The address for the regional docket significant threat to public health or the Peter Westlin, Office of Air Quality office is Ms. Debbie Jourdan, U.S. EPA, environment and, therefore, no remedial Planning and Standards, (919) 541– Region IV, 345 Courtland St, NE, action is appropriate. 1058. Atlanta, GA 30365. The telephone Dated: August 29, 1996. number is 404–347–5059, ext 6217. III. Deletion Procedures Background information from the John S. Seitz, EPA Region IV will accept and regional public docket is also available evaluate public comments before Director, Office of Air Quality Planning and for viewing at the Site information Standards. making a final decision to delete. repository located at the Henderson Comments from the local community [FR Doc. 96–22505 Filed 8–30–96; 8:45 am] County Public Library, 301 N. BILLING CODE 6560±50±M may be the most pertinent to deletion Washington Street, Hendersonville, NC decisions. The following procedures 28792. The telephone number is 704– were used for the intended deletion of 40 CFR Part 300 697–4725. The library is open Monday the Seldon Clark Property portion of the through Thursday from 9:00 a.m. to 9:00 General Electric/Shepherd Farm Site: (1) [FRL±5557±7] p.m., and on Friday and Saturday from EPA Region IV has recommended 9:00 a.m. until 6:00 p.m. National Oil and Hazardous deletion and has prepared the relevant FOR FURTHER INFORMATION CONTACT: documents. (2) The State has concurred Substances Contingency Plan National Please contact either Giezelle Bennett or Priorities List with the decision to delete the Seldon Diane Barrett, U.S. EPA, Region IV, 345 Clark property. (3) Concurrent with this AGENCY: Environmental Protection Courtland Street, N.E., Atlanta, GA announcement, a notice has been Agency (EPA). 30365, 1–800–435–9233 ext. 2065 or published in the local newspaper and ACTION: Notice of intent to delete the 2073. has been distributed to appropriate Seldon Clark Property from the General SUPPLEMENTARY INFORMATION: federal, state, and local officials Electric/Shepherd Farm Superfund Site announcing the commencement of a 30- I. Introduction from the National Priorities List (NPL). day public comment period on the This notice is to announce EPA’s Notice of Intent to Delete. (4) EPA has SUMMARY: The Environmental Protection intent to delete the Seldon Clark made all relevant documents available Agency (EPA), Region IV, announces its Property portion of the General Electric/ for public review at the information intent to delete the Seldon Clark Shepherd Farm Superfund Site from the repository and in the Regional Office. Property from the General Electric/ NPL. It also serves to request public Partial deletion of a site from the NPL Shepherd Farm Superfund Site from the comments on the deletion proposal. does not itself create, alter, or revoke National Priorities List (NPL), and EPA will accept comments on this any individual’s rights or obligations. requests public comment on this proposed action for deletion for thirty The NPL is designed primarily for proposed action. The NPL constitutes days after publication of this document information purposes and to assist EPA Appendix B of 40 CFR part 300 which in the Federal Register. management. As mentioned earlier, is the National Oil and Hazardous EPA identifies sites that appear to Section 300.425(e)(30) of the NCP states Substances Pollution Contingency Plan present a significant risk to public that deletion of a site from the NPL does (NCP), promulgated by EPA, pursuant to health, welfare, or environment and not preclude eligibility of the site for Section 105 of the Comprehensive maintains the NPL as the list of these future Fund-financed response actions. Environmental Response, sites. Sites on the NPL qualify for For the partial deletion of this Site, Compensation, and Liability Act remedial responses financed by the EPA will accept and evaluate public (CERCLA) of 1980, as amended. EPA Hazardous Substances Response Trust comments on this Notice of Intent to and the State of North Carolina Fund (Fund). As described in § 300.425 Delete before finalizing the decision. Department of Environment, Health, (e)(3) of the NCP, sites deleted from the The Agency will prepare a and Natural Resources have determined NPL remain eligible for Fund-financed Responsiveness Summary to address that the Seldon Clark Property poses no remedial actions in the unlikely event any significant public comments Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46419 received during the comment period. treatment ponds, 26 acres of be conducted at the Subsite, due to the The deletion is finalized after the landspreading plots, and 18 areas where fact that soil and groundwater Regional Administrator places a Notice underground storage tanks were located. contaminants are below the SCLs. The of Deletion in the Federal Register. From approximately 1957 to 1970, GE concentrations found in the samples The NPL will reflect any deletions in wastes were also intermittently taken do not present a current or future the next publication of the final rule. deposited at the Shepherd Farm threat to public health or the Public notices and copies of the property where it was dumped, burned, environment. Responsiveness Summary will be made and bulldozed in an approximate 3-acre EPA, with concurrence of the State of available to local residents by Region IV. area onsite. The Spring Haven North Carolina, has determined that all community was later constructed over a IV. Basis for Intended Seldon Clark appropriate Fund-financed responses portion of this dumping area. Property Deletion under CERCLA for the Seldon Clark During the 1960s and early 1970s, GE Subsite have been completed, and that The following Site summary provides wastes were also dumped in an no further activities by responsible the Agency’s rationale for the proposed approximate 0.3 acre ravine on the parties are appropriate. Therefore, EPA intent for partial deletion of this Site Seldon Clark property. GE reported that proposes to delete this Subsite from the from the NPL. the property was used for the disposal NPL. The General Electric/Shepherd Farm of construction rubble only, but Dated: June 11, 1996. Site consists of three non-contiguous according to Mr. Clark, the ravine was disposal areas in East Flat Rock, also filled in with drums of aluminum A. Stanley Meiburg, Henderson County, North Carolina. paint and drums of cleaning fluid from Deputy Regional Administrator, Region IV, These disposal areas (subsites) are dye-casting machinery. Old U.S. Environmental Protection Agency. known as the GE property, the Shepherd transformers are also reported to have [FR Doc. 96–21823 Filed 8–30–96; 8:45 am] Farm property, and the Seldon Clark been deposited in the ravine. However, BILLING CODE 6560±50±P property. none of these items were found during The GE Subsite is approximately 50 EPA’s investigation. acres in size and located at the In 1988 and 1989, EPA conducted Site FEDERAL COMMUNICATIONS southeastern corner of Spartanburg Inspections and investigations at all COMMISSION Highway and Tabor Road. The three Subsites. The Site was proposed Shepherd Farm Subsite is for inclusion on the NPL in February 47 CFR Chapter I approximately 31 acres in size and is 1992 and finalized on the NPL in [CC Docket No. 87±75] located on Roper Road, approximately December 1994. 2500 feet southwest of the GE Subsite. EPA performed a Remedial Provision of Aeronautical Services via The Seldon Clark Subsite is 1 acre in Investigation of all three subsites in the Inmarsat System size and is located at the northeastern September 1994. This Notice of Intent to corner of Spartanburg Highway and Delete (NOID) is limited to the Seldon ACTION: Proposed rule; extension of Tabor Road, directly across the street Clark Subsite. comment date. from the GE Subsite. Geographically, the Five soil samples were collected from SUMMARY: BT North America, Inc. center of the subsite is located at two soil borings on the Seldon Clark ° ′ ′′ ° ′ ′′ (BTNA) requested a 45-day extension of 35 16 35 N latitude and 82 25 00 W Subsite. Semi-volatile organic time to file comments in response to the longitude according to the compounds, pesticides and PCBs were Further Notice of Proposed Rulemaking. Hendersonville, North Carolina, USGS found, but all were at concentrations BTNA pointed to the numerous changes 7.5 minute topographic map. under the soil cleanup levels (SCLs) in the marketplace since the initial From 1955 to present, the GE facility determined in the feasibility study. One petition was filed and the Further has been used to develop, design, and surface water/sediment sample was Notice was issued, and the need for an manufacture complete high intensity taken downgradient of this Subsite. in-depth analysis of these changes. The discharge luminaire systems, which Again, semi-volatiles and PCBs were Commission found that the public consists of the assembly of optical found at concentrations below the SCLs. interest would be served by allowing components, ballasts, mountings, and One groundwater sample was collected additional time for an in-depth analysis high mast lowering devices. From about downgradient of the suspected fill area. of the technical and policy issues 1955 until 1975, GE also manufactured This sample contained one semi-volatile presented in the Further Notice. The ‘‘constant-current’’ transformers at this compound at trace concentrations. Commission granted BTNA’s extension facility. These transformers were filled A Record of Decision (ROD) for the request and the comment deadline is with PCB-containing oil, which were Site was signed on September 29, 1995. extended to September 3, 1996. delivered to the facility in railroad tank The ROD recommended soil and DATES: cars. groundwater remediation at the GE Comments are due on or before Waste streams generated by GE’s Subsite and the Shepherd Farm Subsite, September 3, 1996. Replies are due on facility from the beginning of plant but not for the Seldon Clark Subsite. or before October 4, 1996. operations have included construction The EPA community relations ADDRESSES: Federal Communications wastes, buffing compound, epoxy activities at the Site included a public Commission, 1919 M Street, NW., compound, phenolic residue, paint meeting on August 3, 1995 to present to Washington, DC 20554. sludges, PCB capacitors, solvents, the public the Agency’s Proposed Plan FOR FURTHER INFORMATION CONTACT: Olga transformer oil, electrical insulators/ for remediation at the Site. Public Madruga-Forti at (202) 418–0749. capacitors, waste acids, dye cast mold comments received during the 60-day SUPPLEMENTARY INFORMATION: The released hydrocarbons, heavy petroleum public comment period were considered following is a summary of Public greases, and varnish residues. These and addressed in the Responsiveness Notice, Report No. SPB–52 (released waste streams contain many VOCs, Summary. This document was included June 26, 1996): heavy metals, acids, and PCBs. as an appendix to the ROD. The Commission issued a Further The GE facility contains three There are no institutional controls for Notice of Proposed Rulemaking in landfills, two unlined wastewater this Subsite. A five-year review will not Provision of Aeronautical Services via 46420 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules the Inmarsat System, FCC 96–161, 61 On August 6, 1996, the Commission structurally separate corporation. The FR 30579 (June 17, 1996). Based on the released a Report and Order and Further Commission also proposes rule changes publication date, comments are due July Notice of Proposed Rulemaking necessary to implement those 17, 1996 and replies are due August 16, adopting rules implementing Section provisions of the Telecommunications 1996. 207 of the Telecommunications Act Act of 1996, Public Law 104–104, 110 BT North America, Inc. (BTNA) has with respect to nonfederal restrictions Stat. 56 (1996) (‘‘the 1996 Act’’) that filed a Motion for an Extension of Time on installation of satellite and certain govern the joint marketing of CMRS and to extend the comment date an other antennas used to receive video landline services, protections for additional 45 days, or 75 days from programming. (See FCC 96–328 customer proprietary network publication in the Federal Register. (released August 6, 1996)) In this order, information (CPNI) and network BTNA states that more time is needed the Commission stated that the information disclosure. The for parties to provide in-depth International Bureau would issue this Commission’s objective is to implement comments based on changes in the public notice soliciting comment to further the mandate of the Omnibus industry over the past seven years and update and refresh the record with Budget Reconciliation Act of 1993, Title to conduct the complex technical respect to issues that are not addressed VI, Sections 6002(b)(2)(A), analysis required to address the in the August 6 order but which remain 6002(b)(2)(B), Public Law No. 103–66, Commission’s tentative conclusions. pending in IB Docket 95–59. 107 Stat. 312, 392 (1993) to treat similar Accordingly, pursuant to section Accordingly, we seek comment on any commercial mobile radio services 0.261 of the Commission’s rules on issues pertaining to satellite earth similarly by placing all CMRS licensees delegations of authority, 47 CFR 0.261, station antennas and local restrictions under a uniform set of nonstructural and for good cause shown, BTNA’s that remain in light of the Commission’s safeguards. motion is granted. August 6 action. DATES: Comments must be filed on or Comments may be filed on or before Comments filed in response to this before October 3, 1996. Reply comments September 3, 1996. Replies may be filed public notice should be filed on or are to be filed on or before October 24, on or before October 4, 1996. before September 27, 1996 and replies 1996. Comment of the Office of Federal Communications Commission should be filed on or before October 28, Management and Budget on the William F. Caton, 1996. Copies of relevant documents can information collections contained be obtained in the FCC Reference herein are due November 4, 1996. Acting Secretary. Center, 1919 M Street, NW., Room 239, ADDRESSES: Federal Communications [FR Doc. 96–22198 Filed 8–30–96; 8:45 am] Washington, DC, and also may be Commission, 1919 M Street, NW., BILLING CODE 6712±01±U purchased from the Commission’s copy Washington, DC 20554. contractor, International Transcription FOR FURTHER INFORMATION CONTACT: Jane Service, (202) 857–3800, 2100 M Street, 47 CFR Parts 1 and 25 Halprin or Mika Savir, Commercial NW., Suite 140, Washington, DC 20037. Wireless Division, Wireless [IB Docket No. 95±59] For further information contact Rosalee Telecommunications Bureau, at (202) Chiara, 202–418–0749. 418–0620. Preemption of Local Zoning Regulation Federal Communications Commission. SUPPLEMENTARY INFORMATION: of Satellite Earth Stations This William F. Caton, Notice of Proposed Rulemaking in WT AGENCY: Federal Communications Acting Secretary. Docket No. 96–162 and GEN Docket No. Commission. [FR Doc. 96–22199 Filed 8–30–96; 8:45 am] 90–314, adopted on July 25, 1996 and ACTION: Proposed rule; request for BILLING CODE 6712±01±P released on August 13, 1996, is available comments. for inspection and copying during normal business hours in the FCC SUMMARY: The Commission issued a 47 CFR Part 22 Reference Center, Room 575, 2000 M Report and Order and Further Notice of Street, NW., Washington, DC. The Proposed Rulemaking adopting rules [WT Docket No. 96±162; GEN Docket No. complete text may also be purchased 90±314; FCC 96±319] implementing Section 207 of the from the Commission’s copy contractor, Telecommunications Act of 1996 Competitive Service Safeguards for International Transcription Service, relating to nonfederal restrictions on Local Exchange Carrier Provision of Inc., 2100 M Street, NW., Suite 140, installation of satellite and certain other Commercial Mobile Radio Services Washington, DC 20037, (202) 857–3800. antennas. The Public Notice seeks to Synopsis of the Notice of Proposed refresh the record and requests AGENCY: Federal Communications Rulemaking: comments on any remaining issues Commission. I. Background pertaining to satellite earth station ACTION: Notice of proposed rulemaking. antennas and local restrictions. 1. Currently, there are distinct rules SUMMARY: DATES: Comments are due on or before In this Notice of Proposed for BOC provision of cellular service September 27, 1996. Replies are due on Rulemaking (NPRM), in WT Docket No. versus non-BOC provision of personal or before October 28, 1996. 96–162 and GEN Docket No. 90–314, the communications service (PCS) and other Commission initiates a comprehensive commercial mobile radio services. BOCs ADDRESSES: Federal Communications review of the existing regulatory are required to provide cellular service Commission, 1919 M Street, NW., framework of structural and through structurally separate subsidiary Washington, DC 20554. nonstructural safeguards for local corporations, whereas all other LECs FOR FURTHER INFORMATION CONTACT: exchange carrier (LEC) provision of may provide cellular service on an Rosalee Chiara at (202) 418–0749. commercial mobile radio services unseparated basis. Moreover, the SUPPLEMENTARY INFORMATION: The (CMRS). The Commission proposes to Commission has declined to impose following is a summary of Public eliminate the current requirement that these restrictions on LEC, including Notice, Report No. SPB–55 (released Bell Operating Companies (BOCs) must BOC, provision of other CMRS, such as August 7, 1996): provide cellular service through a PCS and specialized mobile radio (SMR) Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46421 service. The BOCs have sought relief separation requirement was intended to publicly available on the same terms from the Commission’s cellular protect against improper cross- and conditions. structural separation rule on the subsidization, to assure equitable 5. The Broadband PCS Order, grounds of changed circumstances and interconnection arrangements, and to Amendment of the Commission’s Rules competitive necessity. The BOCs’ make the detection of anti-competitive to Establish New Personal challenges to the continued viability of conduct somewhat easier for regulatory Communications Services, GEN Docket the restrictions contained in Section authorities. No. 90–314, Second Report and Order, 22.903 are premised on two points: (1) 4. In 1982, the Commission revised 58 FR 59174 (November 8, 1993), the Commission’s existing Section 22.901 to apply only to AT&T reconsideration, 59 FR 32830 (June 24, interconnection rules and accounting and its affiliates. In 1983, the 1994) (Broadband PCS Order), found safeguards are sufficient to protect Commission further amended Section that allowing LECs to participate in PCS against anti-competitive behavior by the 22.901 in response to the breakup of may produce significant economies of BOCs; and (2) LECs that are not BOCs AT&T under the divestiture agreement scope between wireline and PCS are treated differently with respect to entered into by AT&T and the networks, and that these economies will the provision of cellular service and Department of Justice. A final revision promote more rapid development of other commercial mobile radio services. of the cellular structural separation PCS, yield a broader range of PCS In response, parties opposing grant of requirement occurred in the Part 22 services at lower costs to consumers, such waivers have cited the broader Rewrite Order, Revision of Part 22 of the and should encourage LECs to develop their wireline architectures to better competitive implications of the Commission’s Rules Governing the accommodate all PCS. Thus, the individual waiver requests, and have Public Mobile Services, CC Docket No. Commission declined to impose generally disputed the BOC claims. 92–115, Report and Order, 59 FR 59502 2. A central purpose of the 1996 Act structural separation for PCS providers (November 17, 1994) (Part 22 Rewrite is to provide open access to local and affiliated with LECs, including the Order), reconsideration pending, as part other telecommunications markets in BOCs, reasoning that such limitations of the Commission’s comprehensive order to encourage entry by new on the ability of LECs to take advantage reorganization of Part 22 of the rules. In competitors. Structural separation was of their potential economies of scope the Part 22 Rewrite Order, Section originally imposed over a decade ago on would jeopardize, if not eliminate, the 22.903 was amended to incorporate the certain LECs to prevent them from public interest benefits sought through provisions of former Section 22.901. leveraging their market power in the LEC participation in PCS. The local exchange market into other Section 22.903 essentially consists of Commission further concluded that the competitive markets, such as cellular two parts: (1) the requirement that BOCs cellular-PCS cross-ownership policies service. The Commission notes that provide cellular service through a are adequate to ensure that LECs do not CMRS providers will, in the very near separate corporation; and (2) a series of behave in an anti-competitive manner. term, need to enter into a series of restrictions on the operation of that The Commission also found that agreements with local exchange separate affiliate, including restrictions existing accounting safeguards were incumbents for such things as the on use and ownership of landline sufficient to protect against cross- mutual exchange of traffic, the location transmission facilities and requirements subsidization by the LECs, and therefore of equipment, and the sharing of for the independent operation of the declined to impose additional cost- network functionalities. Effective separate cellular affiliate through accounting rules on LECs that provide competitive safeguards, where a separate books of account, officers, PCS service. The Broadband PCS Order demonstrated need exists, should operating, marketing, installation and also reiterated that commencement of permit competitors to construct their maintenance personnel and utilization PCS operations by LECs would be networks, implement their business of separate computer and transmission contingent on the LEC implementing an plans, and begin offering service to facilities in the provision of cellular acceptable non-structural safeguards customers with the reasonable service. In addition, Section 22.903(d) plan. assurance that the incumbent LEC will requires that all transactions between 6. In the CMRS Second Report and not be able to extend its market power the BOC and the cellular subsidiary or Order, Implementation of Sections 3(n) into the critical new PCS market. its affiliates be reduced to writing and and 332 of the Communications Act, 3. The original version of Section that a copy of all agreements (other than Regulatory Treatment of Mobile 22.903 was adopted as Section 22.901 in interconnection agreements) between Services, GEN Docket No. 93–252, 1981 when the Commission amended such entities be kept available for Second Report and Order, 59 FR 18493 Part 22 of the rules to provide for the inspection upon reasonable request by (April 19, 1994) CMRS Second Report authorization of two cellular licensees the Commission. It also requires that all and Order), reconsideration pending, in each market—one wireline carrier affiliate contracts with respect to the Commission concluded that all LECs and one non-wireline carrier. To cellular/landline interconnection be with CMRS affiliates must follow the preserve the competitive potential of the filed with the Commission; however, same accounting safeguards that were non-wireline cellular provider, the this requirement does not apply to any adopted in the PCS proceeding. The Commission required the wireline transaction governed by an effective Commission observed that these carrier to provide its cellular service state or federal tariff. Section 22.903(e) safeguards were necessary to prevent through a structurally separate prohibits BOCs from engaging in the cost-shifting from the non-regulated subsidiary, i.e., an independent sale or promotion of cellular service on affiliates to the regulated ratebase of the corporation with separate officers, behalf of the separate corporation. This LEC. The Commission also noted that separate books of account, and separate prohibition does not extend to joint the commenters had raised important operating, marketing, installation and advertising or promotions by the issues with respect to the potential role maintenance personnel, and also landline carrier and its cellular affiliate. of accounting, structural separation, and prohibited cellular licensees affiliated Finally, the rule prohibits the provision other safeguards in promoting a with landline LECs from owning of BOC customer proprietary network competitive CMRS environment. At that facilities for the provision of landline information (CPNI) to the cellular time, due to inadequate notice and an telephone service. The structural affiliate, unless such CPNI is made insufficient record, the Commission 46422 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules again declined to address the issue of the Sixth Circuit in Cincinnati Bell: other telecommunications carriers; and removing the cellular structural whether the structural separation (2) not to install network features, separations requirements for the BOCs. requirement continues to serve as a functions, or capabilities that do not 7. In Cincinnati Bell, Cincinnati Bell necessary regulatory restriction on the comply with the guidelines and Telephone v. FCC, 69 F.3d 752 (6th Cir. BOCs. The Commission proposes a standards established pursuant to 1995) (Cincinnati Bell), the Sixth Circuit series of amendments to the rule Section 255 or 256. The new Court of Appeals found that the intended to provide BOCs sufficient interconnection obligations in Section Commission had failed to adequately flexibility in serving the public, while 251(b) for LECs govern LEC provision of justify its retention of Section 22.903, in preserving the ability to detect and resale, number portability, dialing light of the Commission’s decision correct any potential anti-competitive parity, access to rights-of-way, and permitting LECs (including BOCs) to behavior, whether that be cost shifting, reciprocal compensation for the provide PCS under nonstructural interconnection discrimination, or some transport and termination of traffic safeguards. The court stated that the other form of leveraging the BOCs’ originating on another carrier’s Commission was required to give a dominant position in the local exchange facilities. Section 251(c) contains reasoned explanation of its disparate market. The Commission also seeks additional obligations for incumbent treatment of the Bell companies. comment on whether the public interest LECs, which include, inter alia: (1) good Accordingly, the court remanded the would be better served by (1) a faith negotiation of terms and matter to the Commission with transitional arrangement whereby some conditions of agreements to fulfill instructions to promptly conduct an aspects of the current structural Section 251 (b) and (c) interconnection inquiry into whether the structural separation requirements would be obligations; (2) provision of separation requirement continues to retained during an interim period; or (2) interconnection with the LEC’s network serve as a necessary regulatory immediate replacement of Section for transmission and routing of restriction on BellSouth and other Bell 22.903 with the uniform streamlined telephone exchange and exchange Operating Companies. Both before and safeguards proposed for in-region LEC access service, at any technically after Cincinnati Bell, a number of BOCs PCS and other commercial mobile radio feasible point, that is at least equal in filed waiver petitions seeking varying services. quality to that provided by the LEC to forms of relief from the requirements of 10. One of the primary objectives itself or any affiliate or other party, on Section 22.903. The Commission has underlying the Commission’s adoption rates, terms and conditions that are just, granted one such waiver of structural separations was to prevent reasonable and nondiscriminatory; (3) (Southwestern), another has been interconnection discrimination by BOCs provision of unbundled, withdrawn (BellSouth), and the in their relationship with affiliated and nondiscriminatory access to network remainder (US West, Bell Atlantic) are unaffiliated cellular carriers. In elements to any requesting pending. considering whether to retain structural telecommunications carrier, at any 8. The 1996 Act contains specific separation for BOC cellular service, the technically feasible point on rates, terms requirements that BOCs be permitted to Commission is taking into account and conditions that are just, reasonable enter into previously prohibited or whether proposed changes to the and nondiscriminatory; (4) provision of constrained lines of business, including, existing LEC CMRS interconnection public notice of changes in the inter alia, in-region interLATA policies either support retention of information necessary for transmission telecommunications services, Section 22.903, or demonstrate its and routing of services using the LEC’s interLATA manufacturing, information, obsolescence. In addition, the 1996 Act network or of changes that would affect and electronic publishing services contains significant new provisions interoperabililty; and (5) the duty to through a separate affiliate. In certain with respect to interconnection. The provide physical collocation of cases, this separate subsidiary Commission has examined LEC CMRS equipment necessary for requirement ‘‘sunsets’’ after a number of interconnection issues in recent interconnection or access to unbundled years. With respect to in-region dockets. In the Interconnection network elements at the premises of the interLATA service, these separate Compensation NPRM, Interconnection LEC, on reasonable and affiliates are under additional structural Between Local Exchange Carriers and nondiscriminatory rates, terms and and transactional constraints including Commercial Mobile Radio Service conditions, unless the LEC demonstrates the requirement that the BOC deal with Providers, CC Docket No. 95–185, to the State commission that physical the separate affiliate on an arm’s length Notice of Proposed Rulemaking, 61 FR collocation is not practical due to basis. Section 272(c), 47 U.S.C. § 272(c), 03644 (February 1, 1996) technical reasons or space limitations, imposes additional nondiscrimination (Interconnection Compensation NPRM), in which case the LEC may provide safeguards on a BOC’s dealings with its the Commission found that if the virtual collocation. Section 252 contains separate affiliate. With the addition of commercial mobile radio services are to procedures for negotiation, arbitration, Section 601(d), Public Law 104–104, compete directly against LEC landline and approval of agreements, and gives 110 Stat. 56 (1996), the 1996 Act services, it is important that the prices, the States authority to resolve expressly permits BOCs to market terms and conditions of interconnection interconnection disputes arising under jointly and sell CMRS together with a arrangements not serve to buttress LEC Sections 251 and 252. In addition, a LEC variety of landline services. Section 222, market power against erosion by must make available to any requesting 47 U.S.C. § 222, contains new competition. Section 251, 47 U.S.C. carrier, on the same terms and requirements for maintaining the § 251, imposes extensive conditions, any interconnection, confidentiality of proprietary interconnection obligations on all service, or network element provided information. telecommunications carriers, and under an approved agreement to which II. Notice of Proposed Rulemaking particularly on LECs and incumbent it is a party. LECs. Section 251(a) imposes a general 11. The question remanded by the A. BOC Cellular Safeguards duty on all telecommunications carriers Sixth Circuit is whether the structural In this NPRM, the Commission (1) to interconnect directly or indirectly separation requirements of Section addresses one of the issues remanded by with the facilities and equipment of 22.903 continue to serve as a necessary Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46423 regulatory restriction on the BOCs, or proceeding were the cost accounting depend on structural separation per se, whether changed circumstances have and allocation rules contained in Parts but could be achieved through a more either obviated the need for such 32 and 64 of the Commission’s rules. limited separate affiliate requirement, restrictions, or rendered them contrary Thus, the nature of the nonstructural including one that permitted integrated to the public interest. The Section safeguards, other than the accounting management with affiliates providing 22.903 restrictions on the BOCs were rules, that might be applied in lieu of landline services. The Commission imposed, as a general matter, to prevent structural separations to LEC-provided believes that it will be particularly them from leveraging their dominance CMRS has never been squarely crucial to retain some form of separate into the newly created cellular service addressed by this Commission until this affiliate requirement, either structural or markets. The structural separation NPRM. non-structural, as the new CMRS requirements were specifically intended 14. The Commission observes that entrants begin to negotiate their to protect BOC local exchange Congress has concluded as a general interconnection arrangements with the ratepayers by preventing cross- matter that such requirements, together incumbent BOCs. The Commission subsidization of the more competitive with associated nondiscrimination seeks comment on this analysis. cellular service, and to prevent safeguards, constitute an appropriate 17. Price Discrimination. The discriminatory interconnection initial safeguard for BOC entry into the Commission is concerned that the practices with respect to the non- provision of certain competitive possibility of discrimination by a BOC wireline cellular provider, by requiring services, which can be phased out as or incumbent LEC in favor of its own that the wireline and non-wireline markets become more competitive. At cellular operations and against other entities exist independently from one the same time, the Commission notes CMRS providers could be increased another with respect to facilities, that the BOCs have been subject to absent some form of separate subsidiary operations, management and other structural separation requirements for requirement, either structural or non- personnel. With respect to both cross- their cellular operations since their structural, and that the Commission’s subsidization and interconnection, inception, and that the BOCs are tasks of detecting such discrimination structural separation was believed to generally incumbents in CMRS markets, and determining whether it is permit easier detection and disclosure facing market entry by PCS competitors. reasonable or unreasonable would be of improper activities and to reduce In this NPRM, the Commission explores greatly complicated. The Commission unnecessary regulatory intrusion into varying approaches to separate affiliate seeks comment on the value of separate competitive or unregulated operations. and nondiscrimination safeguards for affiliates in detecting and deterring 12. The Commission has also BOC cellular operations, while pricing discrimination, and whether the recognized that structural separation proposing to give full expression to degree of separation (i.e., structural entails costs to the carriers, in the form Congressional intent regarding joint versus non-structural) has any effect on of lost efficiencies of scope and added marketing, customer proprietary the value of this safeguard. costs of establishing separate facilities, information and network information 18. Cross-subsidization. The operations, and personnel, as well as disclosure requirements. Commission observes that some lost opportunities for customers to 15. The Commission finds that commenters continue to argue that obtain integrated and innovative service although there have been vast changes cross-subsidization is possible even packages. In the case of CPE and in the nature of the wireless market under a price cap regime, for those enhanced services, the Commission since the 1981 imposition of the BOC services that are either not subject to a recognized costs to small business and cellular structural separation pure price cap option, or continue to be residential customers because the BOCs, requirement, the market power of the regulated under a rate-of-return system which already had existing marketing BOCs in the landline local exchange and at the intrastate level. Presumably, the contacts with households in their exchange access markets has remained cost-shifting these parties are concerned service regions, could not inform them relatively stable, and is likely to remain with would occur between the as-yet of new and desirable enhanced service so until the market entry and primarily intrastate competitive cellular offerings, such as voice messaging, interconnection changes authorized by service and the intrastate as-yet through existing marketing contacts. the 1996 Act occur. The BOCs thus primarily monopoly local exchange The result, in many cases, was that such currently retain market power in the service. The Commission seeks further customers would never learn of the local exchange market, and therefore comment on these issues, and urges the availability of such desired offerings at control over public switched network parties alleging continued cross-subsidy all. Thus, the public benefit of interconnection within their in-region problems under price caps to provide dissemination of advanced telephone states. The Commission seeks comment specific data in support of their claims offerings that has been the product of as to whether in-region application of and to address the relative value of joint marketing of basic and enhanced separate affiliate and nondiscrimination structural and non-structural separate services and CPE was found to outweigh requirements would continue to serve as affiliate requirements in this regard. the costs to competition of integrated an important regulatory check on the 19. Leveraging of Market Power. The BOC offerings, if such integrated BOCs’ market power in local exchange. Commission notes that one concern services were provided pursuant to 16. Interconnection. Prevention of with respect to integrated landline and appropriate nonstructural safeguards. interconnection discrimination was one cellular operations has been the 13. The Commission referred to the of the central justifications for imposing incentives and opportunities such a economies of scope arising from the use structural separation. A separate cellular corporate structure provides for of wireless loops and wireless tails in affiliate provides a template by which to leveraging of the LEC’s local exchange the broadband PCS orders, but there measure the rates, terms, and conditions market power into the more competitive were no specific findings about the of these entities’ interconnection cellular market. The Commission is public benefits of integrated operations agreements with their affiliated LECs. concerned about the potential for abuses or joint marketing of BOC cellular and The effective enforcement of in provisioning, installation, landline services. The only nondiscrimination rules depends on the maintenance and customer network nonstructural safeguards specifically visibility of the transactions under design that might not be addressed addressed in the broadband PCS scrutiny. Such visibility does not adequately by the uniform nonstructural 46424 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules safeguards proposed for LEC provision meeting customer needs, while at the of landline service. The Commission of CMRS, at least during the transitional same time protecting BOC ratepayers proposes to amend the portion of period before implementation of the and wireless competitors. The Section 22.903(a) prohibiting the 1996 Act’s interconnection and network Commission believes that for out-of- cellular affiliate from owning any unbundling provisions. Structural region combined service offerings, the facilities for the provision of landline separation, if continued on an interim costs to the carrier of establishing a service to permit a BOC cellular affiliate basis, could prevent, for example, the subsidiary in addition to their to own landline facilities for the BOC from tasking a single set of officers structurally separate cellular subsidiary provision of landline services, including and personnel with the interconnection to provide integrated competitive competitive landline local exchange arrangements for its cellular unit’s PCS landline local exchange (CLLE) and (CLLE) and interexchange service, in the competitor as well as dealings with that cellular services outweigh any possible same market with the affiliated competitor’s major customers to provide benefits to the public of such incumbent LEC. Thus, the rule would be local exchange service, or cellular fragmented operations. The Commission modified only to prohibit the cellular service, or both. The Commission notes also believes that additional relief is affiliate from owning, including jointly that nonstructural safeguards would not warranted for BOC provision of out-of- owning with the incumbent affiliated prevent such sharing of personnel and region cellular service. The Commission LEC, landline facilities that the latter integrated management decisionmaking. tentatively concludes that Section uses in the provision of landline local The Commission seeks comment on 22.903 should be limited in scope to in- exchange services. The Commission whether such integrated operations region services of the BOC and its believes that retention of this would present realistic opportunities for cellular operations, or, in the case of a prohibition is appropriate for the same anti-competitive conduct and, if so, joint venture between two or more reasons that the Commission proposes whether safeguards less restrictive than BOCs, the in-region services of all of the to include a limited separate affiliate our current structural separation rules joint venture participants together. The requirement in the proposed uniform would sufficiently constrain such Commission tentatively concludes that LEC/CMRS safeguards, i.e., to conduct. such relief would promote local distinguish clearly between charges 20. Costs and Benefits of Integrated exchange competition in those areas in applied to all interconnectors and joint Versus Structurally Separated which the affiliated LEC is not the cost allocations resulting from Operations. The Commission notes that incumbent local exchange provider. The integrated operations. The Commission the BOCs have sought relief from Commission seeks comment on these believes that such relief would benefit Section 22.903 primarily so that they tentative conclusions. the public by enabling a new entrant to could benefit from the cost efficiencies 22. Proposed revisions to Section the local exchange market to provide a of integrated operations, and so that 22.903—interim relief for out-of-region package of services without the risk of their customers could benefit from operations. The Commission eliminates LEC monopoly cross-subsidization or ‘‘one-stop-shopping,’’ i.e., a single point any out-of-region effect of Section interconnection discrimination. The of contact for all service, repair and 22.903, as part of the effort to narrowly Commission seeks comment on this billing needs. The Commission observes tailor restrictions to reach only the proposal. Section 601(d) increases the flexibility relationship between the incumbent 24. BOC CMRS Joint Marketing and afforded the BOCs to meet customer BOC and its cellular subsidiary in the Resale; Section 222 CPNI Requirements; demands without necessarily incumbent’s in-region service area. The and Section 251(c)(5) Network eliminating the remainder of the Commission concludes that the public Information Disclosure Obligations. The structural separation requirement. The interest would be served by granting the 1996 Act expressly permits a BOC to Commission seeks comment on this BOCs interim relief from the out-of- market jointly and sell CMRS in analysis. Additionally, the Commission region reach of our existing Section conjunction with several types of seeks data on the relative benefit of 22.903 requirements. The Commission landline service in Section 601(d). The integrated operations other than those also concludes that immediate out-of- Commission tentatively concludes that relating to joint marketing. The region relief from Section 22.903 will Section 601(d) does not necessarily Commission seeks comment on specific benefit consumers by promoting require the elimination of the remainder public benefits from integrated cellular/ competition in those areas in which the of our current structural separation landline operations that structural BOC cellular operation is not affiliated requirements. As support for this separation precludes. Parties submitting with the incumbent LEC by permitting conclusion, the Commission notes that comments should provide specific the BOCs to structure their out-of-region the authority to engage in joint instances of savings, economies of scale offerings to suit their business marketing and sale of landline and and/or scope, or other consumer judgment. The Commission further CMRS services is expressly made benefits that they contend would be concludes that the BOCs may exercise subject to the provisions of Section 272, impossible without integrated this degree of flexibility in provisioning which include separate affiliate operations. The Commission is their out-of-region cellular services requirements. The Commission believes particularly interested in receiving without undermining the core that it retains authority and information and comment on the effect protections of the rule for either the responsibility to determine the scope of on the cost-benefit analysis of recent BOCs’ in-region local exchange Section 601(d), the definition of joint initiatives seeking to introduce greater ratepayers, or their cellular competitors. marketing intended, and the rules to flexibility for CMRS licensees’ use of The Commission is granting to all BOCs define the relationship between the their spectrum. a waiver of the requirements of Section affiliated entities engaged in such joint 21. Proposed revisions to Section 22.903 with respect to the provision of marketing. The Commission seeks 22.903—limitation to in-region BOC cellular service outside of their in- comment on this interpretation of the cellular services. The Commission region service areas. effect of Section 601(d). tentatively concludes that, at a 23. Ownership of Landline Facilities. 25. The Commission proposes to minimum, certain aspects of Section Section 22.903(a) prohibits, inter alia, define ‘‘joint marketing’’ as referenced 22.903 may be safely relaxed to permit BOC separate cellular affiliates from in that provision as the advertising, the BOCs increased flexibility in owning any facilities for the provision promotion, and sale, at a single point of Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46425 contact, of the CMRS, telephone 222. The Commission notes that services, the Act imposes sunset exchange service, exchange access, continued application of the existing provisions of varying lengths. intraLATA and interLATA rule would limit a customer’s options in 30. The Commission seeks ultimately telecommunications, and information granting approval for use or disclosure to eliminate any regulatory asymmetry services provided by the BOC. Such of, or access to, individually identifiable between BOC provision of cellular joint marketing also includes, but is not CPNI under Section 222(c)(1) and (2). In services, on the one hand, and BOC limited to, activities such as promotion, addition, the Commission seeks provision of other CMRS as well as LEC advertising and in-bound service comment whether it should eliminate provision of any CMRS, on the other. marketing. The Commission further Section 22.903(f) even if it were to Yet, the competitive safeguards tentatively concludes that Section determine that continued application of contained in Section 22.903, as 601(d) restores the ability of the BOCs this rule is not inconsistent with Section modified through the proposals above, to engage in the joint sale or promotion 222, on the grounds that the current rule may continue to serve the public of cellular and landline service. The would be superfluous in light of the interest during the present crucial phase Commission tentatively concludes that comprehensive statutory scheme put in of entry of new wireless competitors the public interest in preventing, and place by Section 222. In addition, the into the CMRS markets. Further, the permitting easy detection of, cross- Commission seeks comment on realization of the fundamental subsidization requires that such joint whether, in considering the joint regulatory reforms contained in the marketing be done on behalf of the marketing authorization in Section 1996 Act, including the opening of the separate affiliate, subject to affiliate 601(d) of the 1996 Act together with the LEC network for purposes of local transaction rules and classified as a non- CPNI requirements contained in the exchange competition pursuant to regulated activity, on a compensatory, new Section 222, the Commission Section 251, would reduce the need for arms-length basis. The Commission should require any particular BOC these safeguards in the not too distant seeks comment on these tentative organizational structure or procedures future, and would provide a convenient conclusions, and whether it should to guard against the unauthorized milepost to mark a transition period. impose a requirement similar to that of disclosure of CPNI in the context of The Commission therefore seeks Section 272(b)(5) requiring that all joint marketing of CMRS and other comment on the addition of a sunset transactions be reduced to writing and BOC-provided services. The provision to Section 22.903, similar to made available for public inspection. Commission asks for comment on the those contained in the 1996 Act for BOC 26. Integrated sales and marketing of need for, and formulation of, provision of other competitive services. resold cellular and incumbent LEC appropriate organizational and Upon the sunset of the Section 22.903 landline local exchange service are procedural guidelines specific to the requirements for each BOC’s cellular clearly permitted under Section 601(d). BOC/CMRS joint marketing situation operations, the Commission proposes The Commission seeks comment on that would be in accord with both that such service would be governed by whether it should impose conditions Section 601(d) and Section 222. the uniform set of competitive implementing the resale authority under safeguards proposed below for all in- 28. The Commission tentatively Section 601(d) of the 1996 Act, and if region LEC CMRS. concludes that no specific Part 22 rule so, what these conditions should be. In 31. The Commission proposes to pertaining to network information addition, the Commission seeks sunset the effectiveness of the Section disclosure by the BOCs is necessary or comment on whether it should mandate 22.903 requirements for a particular public disclosure of rates, terms, and appropriate. The Commission seeks BOC in tandem with that BOC’s receipt conditions of service in cases where the comment on this tentative conclusion. of authorization pursuant to Section LEC is reselling its cellular affiliate’s Commenters supporting a specific Part 271(d) to provide interLATA service service. In the alternative, the 22 rule should provide information originating in any in-region State. In Commission seeks comment on whether about particular technical or regulatory addition to the interconnection the general proscription against unjust issues to be addressed by such a rule. requirements, the competitive checklist or unreasonable discrimination in 29. Sunset/Elimination of Section requires BOCs to provide, inter alia, Section 202(a) and the formal complaint 22.903. Section 22.903 and its further unbundling of local loops, process are sufficient deterrents to predecessor, Section 22.901, were switching and transport; discriminatory resale practices. In established without sunset provisions, nondiscriminatory access to 911 and addition, the Commission seeks or the requirement that the Commission E911 services; directory assistance, and comment as to how implementation of periodically review the continued need operator call completion services; and Section 601(d) should affect potentially for the restrictions contained therein. In nondiscriminatory access to databases related joint marketing and sale contrast, the general approach of the and associated signaling necessary for activities that are currently prohibited 1996 Act to BOC-provided competitive call routing and completing. The under Section 22.903, such as joint services is initial entry pursuant to effective implementation of these installation, maintenance, and repair of establishment of separate subsidiary requirements should provide potential BOC cellular and landline local corporations, through which the CMRS competitors with sufficient exchange services. The Commission also competitive service must be provided protection from interconnection seeks comment on the effect of the joint for a period of years. In the case of BOC discrimination and monopoly marketing authorization on activities entry into interLATA services, a leveraging such that the Commission such as billing and collection. competitive checklist must be met prior may safely relax the degree of separation 27. Section 22.903(f) currently to BOC entry into that competitive required for BOC cellular operations. prohibits BOCs from providing any market, and such entry must be through The Commission believes that customer proprietary information to a a structurally separate corporation. This effectively conditioning relief from cellular affiliate unless such information structural separation continues for three Section 22.903 upon each BOC’s is publicly available on the same terms years after the BOC receives in-region meeting a ‘‘competitive checklist’’ may and conditions. The Commission seeks interLATA authorization, unless be a viable approach to assure that, from comment whether the current CPNI rule extended by order of this Commission. the regulator’s and the competitor’s in Part 22 is inconsistent with Section With respect to other competitive standpoint, a sufficiently level playing 46426 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules field is in place such that structural Parties should focus specifically on how disruption of requiring non-Tier 1 LECs safeguards may safely be eliminated. the relative costs and benefits of to establish new separate affiliates for Moreover, this approach to sunsetting independent versus integrated the provision of cellular service would Section 22.903 would provide the BOCs management and personnel bear upon likely be significant, both in terms of the with an added incentive to meet the the competitive equity issues discussed direct costs of incorporation and lost requirements of the competitive above. efficiencies of joint operations, facilities, checklist. The Commission seeks 35. BOC Provision of Incidental and staff. These costs are obviously comment on this formulation of an InterLATA CMRS. The Commission different than the going-forward costs of approach to sunsetting Section 22.903. does not believe that the authorization retaining a structurally separate 32. The Commission also seeks contained in Sections 271(g)(3) and corporate entity, discussed above. The comment on alternative sunset dates. 272(a)(2)(B)(i) for immediate BOC Commission seeks comment on the Parties advocating a different sunset provision of in-region, incidental nature and extent of such costs, and should provide information supporting interLATA service, defined as asks that commenters be specific in their recommendations. Parties commercial mobile radio service, limits their quantification of both direct costs proposing a sunset date and/or the Commission’s authority to retain the of separate incorporation, and of lost competitive checklist different than that current BOC cellular separate affiliate economies of scope. The Commission contained in Section 271 (c)(2)(B) and rules, or to prescribe alternative rules, seeks comment on the tentative (d) should detail why their proposed should the Commission determine that conclusion that such costs likely factors are relevant to the question of such rules constitute an appropriate outweigh the benefits of imposing a BOC cellular safeguards. Parties may competitive safeguard. The Commission limited separate affiliate requirement. also suggest alterations to the list for notes that Section 271(f)(3) preserves purposes of setting a sunset date for our the Commission’s authority to prescribe C. Safeguards for Provision of CMRS by Section 22.903 requirements. The safeguards consistent with the public LECS Commission also notes that BOC entry interest, convenience, and necessity. 38. Cellular/PCS Regulatory Parity. in some areas could potentially occur The Commission seeks comment on this The Commission seeks comment on without a single facilities-based analysis. whether there are differences between competitor actually obtaining cellular and PCS that justify different B. Symmetry of Cellular Safeguards interconnection arrangements consistent regulatory treatment, at least in the short with Sections 251 and 252 as long as the 36. The Commission notes that one of term. The Commission notes that PCS BOC is generally offering access and the principal criticisms of the cellular was intended to be competitive with interconnection in a manner that meets structural separation requirement is that both incumbent cellular systems and the requirements of the competitive it applies only to the BOCs, but not to landline networks, and its identity as a checklist. The Commission seeks other large LECs with similar new entrant places PCS providers in a comment on the effect of this aspect of characteristics, particularly GTE. The different competitive situation from Section 271 on the proposal to tie sunset lack of regulatory symmetry between incumbent cellular carriers. The of Section 22.903 to BOC entry into in- BOC-provided cellular service and LEC- Commission intended that PCS would region interLATA markets. provided cellular service under Section compete with cellular service at the 33. The Commission seeks comment 22.903 presents a difficult problem in outset, and eventually compete with, on whether it should forgo the transition this period of transition to more complement, or, where appropriate, period described above, where a competitive landline and wireless replace landline local exchange service. streamlined Section 22.903 would be in markets. Rather than distinguish In addition, PCS providers face effect for BOC cellular operations until between BOCs and other LECs, it would competitive hurdles unlike those a designated sunset, in favor of arguably be more consistent to apply existing when the cellular service was immediate elimination of Section Section 22.903 to GTE, which is similar established, such as auction payments, 22.903 and its replacement by the in size to the BOCs, or to all LECs above competition with incumbent cellular uniform set of safeguards proposed a particular size, e.g., all Tier 1 LECs. providers themselves, and the need, in below. The Commission is concerned The rationale for imposing structural some cases, to relocate incumbent about whether transitional structural separation on the BOCs’ cellular service microwave users before PCS can become separation for BOC provision of cellular would appear to apply to all Tier 1 fully operational. Permitting LECs service, which is more restrictive than LECs. The Commission does not greater flexibility in the provision of any rules applying to other cellular propose to apply Section 22.903 to any PCS than the BOCs enjoy with respect providers or any provision of PCS, will additional LECs at this time. The to cellular was part of the Commission’s promote or inhibit the development of Commission seeks comment on this plan to get PCS into the market quickly, competition. The Commission seeks approach. and to encourage the LECs to engineer comment on this aspect of our two 37. The Commission also proposes to their network architectures in a ‘‘PCS- alternative safeguards proposals, and require all the Tier 1 LECs to implement friendly’’ manner. This added degree of whether immediate elimination of the same service safeguards for their in- flexibility may act as a counterbalance Section 22.903 in favor of uniform LEC region cellular service that is proposed to the competitive hurdles unique to CMRS safeguards will promote for in-region PCS and other CMRS PCS. The Commission seeks comment competition and the public interest below. The Commission seeks comment on whether this analysis pertains today more effectively than the sunset on the costs to the Tier 1 LECs of in the same way as when PCS was approach outlined above. establishing nonstructurally separate established as a new service. 34. The Commission seeks comment affiliates. The Commission does not 39. Need for Uniform Safeguards. The on the relative costs and benefits for the believe it appropriate to impose either a Commission believes that the public and the BOCs if the independent streamlined Section 22.903 or the imposition of competitive safeguards in operation and joint research proposed nonstructural competitive addition to accounting safeguards for requirements were eliminated before the safeguards on any non-Tier 1 LEC provision of in-region broadband BOCs meet the requirements of the independent and rural LECs because, on PCS will serve the public interest. The competitive checklist in Section 271. balance, the cost and potential Commission believes it is time to Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46427 replace the initial case-by-case approach versus 10 MHz in-region PCS licenses outstanding network disclosure rules; with a uniform set of requirements. This for the proposed uniform nonstructural and (5) a description of planned should be more efficient for both the safeguards. Specifically, the compliance with the CPNI requirements carriers and the Commission, as it will Commission seeks comment on whether in new Section 222. Additionally, the streamline the review process and it should exempt LEC licensees with no Commission proposes to require that provide a consistent regulatory more than 10 MHz of PCS spectrum LEC in-region broadband PCS services framework for future competition. The from some or all of the competitive should be provided through a corporate Commission seeks comment on this safeguards discussed herein, with the affiliate that is separate from the LEC. analysis. The potential costs of exception of those safeguards which 43. The Commission proposes to imposing additional nonstructural arise from the provisions of the 1996 require the affiliate to meet the safeguards on LEC provision of PCS at Act. following separation conditions: the this time are different from the costs for 41. Applicability to Tier 1 LECs. The affiliate must (1) maintain separate either retaining structural separation for Commission believes that the goal of books of account; (2) not jointly own BOC cellular service, or for extending regulatory symmetry should be transmission or switching facilities with such structural separation requirements tempered by a realistic assessment of the exchange telephone company; and for the first time to other LECs, such as the costs and benefits of applying the (3) obtain any exchange telephone GTE. In the case of BOC cellular service, proposed competitive safeguards to company-provided communications the costs of establishing the subsidiary small telephone companies. The services at tariffed rates and conditions. have already been incurred, whereas in Commission notes that small telephone The Commission proposes to modify the the case of the independent LECs, the companies, particularly those operating second requirement to conform with the re-arrangement of existing corporate in rural areas, are uniquely positioned proposed modification of the facilities- structures would entail additional costs to provide wireless services to sharing prohibition of Section 22.903(a). of a particular scope and nature. The populations which might otherwise not That is, the separate PCS affiliate would Commission also recognizes that, in the receive them. The Commission does not not be permitted to have joint case of an entirely new service such as want to unduly burden or discourage ownership with the incumbent LEC of in-region LEC broadband PCS, the start- small telephone company entry into transmission and switching facilities up costs of structural separation would cellular and PCS markets. The that the latter uses in the provision of likely be of a different nature and scope Commission does not believe that these landline services in the same in-region altogether. Few LECs currently have in- companies pose a significant threat of market. The Commission seeks region PCS licenses as a result of the anti-competitive conduct toward comment on these proposals. cellular-PCS cross-ownership and potential wireless competitors, as their 44. The Commission tentatively concludes that these requirements will spectrum cap requirements. It is also not ability to leverage their bottleneck local not impose excessive burdens on LECs, clear how far along those other LECs are exchange facilities is limited as while providing some protection against in building-out their PCS networks and compared to that of the BOCs and the cost-shifting and anti-competitive in structuring their PCS operations from larger independents. The Commission conduct, in the case of Tier 1 LEC in- an organizational perspective. The also seeks to ensure that the local region PCS. The Commission tentatively Commission seeks comment on this exchange and exchange access concludes that the separate affiliate analysis and on the relative costs of customers of the small telephone companies are not unduly burdened requirement permits greater flexibility imposing the requirements proposed with the costs of these companies’ for the LEC than the Section 22.903 herein. ventures in competitive wireless structural separation requirement, while 40. In-Region/Spectrum Allocation markets. The Commission therefore preserving the competitive safeguards of Limitations. With respect to the would apply the uniform set of separate books of account, facilities, and imposition of nonstructural safeguards, competitive safeguards proposed here tariffed services between the PCS the Broadband PCS Order did not only to the Tier 1 LECs. The affiliate and its affiliated LEC. The distinguish between in-region versus Commission seeks comment on this Commission seeks comment on the out-of-region PCS, nor did it distinguish proposal and on what changes, if any, effect that changes in interconnection among LEC PCS providers on the basis to our accounting rules are necessary or tariffing requirements under Sections of the amount of PCS spectrum they appropriate to ensure that LECs not 251 and 252 have on the requirement would be utilizing to provide service. subject to the proposed competitive that the separate affiliate obtain any The Commission does not believe that safeguards will not cross-subsidize PCS exchange telephone company service at the competitive dangers of integrated activities from the regulated telephone tariffed rates and conditions. In LEC provision of landline and PCS ratebase. addition, the Commission tentatively outside of the local exchange service 42. The Commission proposes that all concludes that joint marketing of PCS areas in which they are the incumbent Tier 1 LECs providing broadband PCS and LEC landline services should be LEC raises the same concerns as in- within their in-region states implement permitted on a compensatory, arm’s region integrated services. In fact, the a nonstructural safeguard plan, and file length basis. Any such joint marketing Commission has found that out-of- the plan for approval with the must be subject to the Part 64 cost region competition from LECs offering Commission. The plan would include allocation and affiliate transaction rule integrated service packages will the following elements: (1) a description and the CPNI requirements. The promote local exchange competition. of a separate affiliate, as defined herein, Commission seeks comment on these The Commission therefore proposes to for the provision of PCS; (2) a tentative conclusions. limit LEC PCS nonstructural safeguards description of compliance with Part 64 45. The Commission believes that the to in-region broadband PCS service. The and Part 32 accounting rules, with nonstructural safeguards plan should Commission seeks comment on this copies of the relevant CAM changes address the separation of costs tentative conclusion. In addition, the attached; (3) a description of planned engendered by joint marketing Commission seeks comment on the compliance with all outstanding operations. The Commission believes relevance of the distinction raised in the interconnection obligations; (4) a that even with these filing requirements record between LEC holders of 30 MHz description of compliance with all only an annual audit will help 46428 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules determine compliance with the means of CMRS (e.g., cellular long would justify relaxing or eliminating accounting, affiliate transaction and cost distance) should be treated as a distinct these restrictions in the future. allocation rules. The Commission notes telecommunications service for 50. The Commission notes that that all CAM changes are also subject to purposes of implementing the new Congress created the CMRS regulatory comment and review by the Section 222. classification and mandated that similar Commission and interested parties. The 47. The Commission believes that in commercial mobile radio services be Commission believes that a description the case of LEC PCS two factors render accorded similar regulatory treatment of the carrier’s procedures to ensure a lesser degree of separation under the rules. Therefore, the compliance with the Part 32 and 64 appropriate. First, and most Commission tentatively concludes that rules, together with copies of the importantly, the public interest benefits the nonstructural safeguards discussed relevant CAM changes, is sufficient for the Commission anticipates from above for LEC provision of PCS should purposes of initial review of the carriers’ permitting LECs somewhat more apply to Tier 1 LEC provision of other nonstructural safeguards plans. This flexibility in establishing their PCS in-region CMRS. The Commission seeks initial review will determine whether operations counterbalance the loss of comment on this proposal. adequate accounting procedures are in the added level of protection that III. Conclusion place. The company’s compliance with complete structural separation under these procedures, however, can only be Section 22.903 provides. The 51. The Commission believes that the determined through the existing annual Commission’s proposal that LECs proposals in this NPRM are consistent audit process. The Commission seeks establish nonstructurally separate with the legislative mandate in the 1996 comment on this analysis. affiliates for the provision of in-region Act and will promote competition in 46. The Commission seeks comment PCS is intended as an interconnection wireless communications markets by on whether the same type of safeguard that will render visible the applying the least intrusive means to organizational and procedural LEC’s interconnection arrangements curb the residual market power of the guidelines for the protection and with its affiliate. The second factor is LECs. The Commission intends to move dissemination of CPNI for which the one of timing. The Commission believes rapidly to complete the comprehensive Commission is seeking comment that the possible retention of structural review of the CMRS safeguards initiated relating to BOC cellular operations, separation for the in-region BOC cellular by this NPRM, and to put into place should apply to the PCS operations of service may act as additional protection new, streamlined rules which any LEC (including non-Tier 1 LECs) or against anti-competitive actions with accomplish the goals of promoting interexchange carrier possessing CPNI respect to PCS competitors of the BOC wireless competition, limiting the gathered in the provision of landline cellular providers who are seeking exercise of market power, and services. The Commission also seeks interconnection arrangements. The establishing regulatory symmetry. comment as to whether there are any Commission seeks comment on this, IV. Procedural Matters and Ordering circumstances under which the and asks that parties disagreeing with Clauses Commission should forbear from this analysis provide specific examples requiring a description of such and argument in support of their A. Regulatory Flexibility Act organizational structures and position. Summary: As required by Section 603 procedures, and rely instead on 48. In light of the statutory provision of the Regulatory Flexibility Act, the enforcement procedures for any regarding public notice by incumbent Commission has prepared an Initial violations of the CPNI statutory LECs of network technical changes and Regulatory Flexibility Analysis (IRFA) mandates. Such circumstances could the implementation of that provision, of the expected impact on small entities include a weighing of relative costs and the Commission seeks comment on the of the policies and rules proposed in benefits, as well as the significance of need for specific PCS rules pertaining to this NPRM. Written public comments the CPNI at issue. The Commission network information disclosure. are requested on the IRFA. tentatively concludes that the filing of Commenters supporting a specific Part Reason for Action: The Commission is such descriptions by non-Tier 1 LECs 24 rule should provide information issuing this NPRM to review the and non-dominant interexchange about particular technical or regulatory regulatory regime for the provision of carriers holding PCS licenses is not issues to be addressed by such a rule. commercial mobile services, and to needed. The Commission seeks 49. With respect to LEC in-region implement certain provisions of the comment on this tentative conclusion broadband PCS, the Commission has Telecommunications Act of 1996. The and this issue generally. In addition, the proposed a set of flexible service proposals advanced in the NPRM are Commission seeks comment on safeguards that strike an appropriate designed to explore whether the BOC whether, for purposes of applying balance between the Commission’s pro- separate subsidiary requirement of Section 222, cellular service and PCS competitive goals and the goal of Section 22.903 continues to be relevant should be considered the same service expediting in-region LEC-provided in today’s marketplace. The NPRM also (i.e., CMRS) such that CPNI gained in broadband PCS service. Nonetheless, proposes streamlined safeguards for Tier the provision of one could be utilized assuming that competition in the local 1 LECs seeking to provide PCS and without restriction in the marketing of exchange market increases to the point other commercial mobile services. the other. The Commission also seeks where LECs do not have market power Objectives: The objective of the NPRM comment whether other CMRS, such as in the provision of local exchange is to provide an opportunity for public paging and Specialized Mobile Radio, service, those safeguards that are not comment and to provide a record for a should be considered the same service mandated by statute could be relaxed or Commission decision regarding as cellular service and PCS for purposes eliminated. The Commission seeks appropriate competitive safeguards for of implementing Section 222 and what comment on whether the rules proposed landline telephone companies seeking distinctions, if any, should be made here should be subject to a sunset to provide wireless services. The NPRM among these different types of CMRS. provision. The Commission also seeks proposes two alternatives for Finally, the Commission seeks comment comment on the appropriate term of modification of Section 22.903, the whether a toll service provided by such a provision, or the conditions that BOC/cellular separate subsidiary Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46429 requirement. The first alternative is to B. Paperwork Reduction Act Estimated Time Per Response: The retain the rule for in-region provision of This NPRM contains a proposed average burden on the LEC is 30 hours cellular service, subject to a sunset information collection. As part of its to do the research and development and period. The second alternative is to 30 hours to write and review the plan. continuing effort to reduce paperwork × eliminate the rule immediately for in- burdens, the Commission invites the 25 plans 60 hours=1,500 hours. Estimated Cost to the Respondent: We region cellular services. (The general public and the Office of presume that the LECs would use Commission waives the requirement for Management and Budget (OMB) to take attorneys and engineers (average $200 out-of-region cellular service.) Further, this opportunity to comment on the per hour) to prepare the information. 25 the NPRM proposes a uniform set of information collections contained in plans×$200 per hour×60 safeguards for Tier 1 LECs seeking to this NPRM as required by the Paperwork provide PCS and other CMRS services. hours=$300,000. Reduction Act of 1995, Public Law No. Needs and Uses: This proceeding Reporting, Recordkeeping and Other 104–13. Public and agency comments initiates a comprehensive review of the Compliance Requirements: The LEC/ are due October 3, 1996; OMB existing regulatory framework of PCS safeguards proposed in the NPRM notification of action is due November structural and nonstructural safeguards would require that Tier 1 LECs submit 4, 1996. Comments should address (a) for local exchange carrier (LEC) to the Commission a nonstructural whether the proposed collection of provision of commercial mobile radio safeguards plan. Smaller LECs would information is necessary for the proper services (CMRS). All Tier 1 LECs not be subject to this requirement. performance of the functions of the providing broadband Personal Federal Rules Which Overlap, Commission, including whether the Communications Service (PCS) within Duplicate or Conflict With These Rules: information shall have practical utility; their in-region states will be required to (b) the accuracy of the Commission’s None. implement a nonstructural safeguard burden estimates; (c) ways to enhance plan and file the plan for approval with Description and Number of Small the quality, utility, and clarity of the the Commission. The plan should Entities Involved: Because Section information collected; and (d) ways to include the following elements: (1) a 22.903 only applies to the BOCs and minimize the burden of the collection of description of a separate affiliate for the because the proposed LEC/PCS information on the respondents, provision of PCS; (2) a description of safeguards would apply only to the 23 including the use of automated compliance with Part 64 and Part 32 Tier 1 LECs (including the BOCs), no collection techniques or other forms of accounting rules, with copies of the small entities would be affected by the information technology. relevant Cost Allocation Manual (CAM) proposals included in the NPRM. Dates: Written comments by the changes attached; (3) a description of Significant Alternatives Minimizing public on the proposed information planned compliance with all the Impact on Small Entities Consistent collections are due October 3, 1996. outstanding interconnection obligations; With the Stated Objectives: The NPRM Written comments must be submitted by (4) a description of compliance with all proposes to adopt LEC/PCS safeguards the Office of Management and Budget outstanding network disclosure rules; only for Tier 1 LECs and not for smaller (OMB) on the proposed information and (5) a description of planned LECs. A Tier 1 LEC is a local exchange collections on or before November 4, compliance with the Customer Propriety carrier with over $100 million in 1996. Network Information (CPNI) revenues from regulated Address: In addition to filing requirements in Section 702 of the telecommunications operations that are comments with the Secretary, a copy of Telecommunications Act of 1996 subject to the CAM filing requirements any comments on the information (which creates a new Section 222 of the of Section 64.903 of the Commission’s collections contained herein should be Communications Act). The Commission Rules. The Commission notes that small submitted to Dorothy Conway, Federal will use the information to determine if telephone companies are uniquely Communications Commission, Room the Tier 1 LECs are in compliance with positioned to provide wireless services 234, 1919 M Street, N.W., Washington, our rules. to populations that might otherwise D.C. 20554, or via the Internet to C. Ex Parte Presentations—Non- receive them. The NPRM points out that [email protected], and to Timothy Fain, Restricted Proceeding the Commission wishes to take no OMB Desk Officer, 10236 NEOB, 725– action that would unduly burden or 17th Street, N.W., Washington, D.C. This is a non-restricted notice and discourage small telephone company 20503 or via the Internet to comment rulemaking proceeding. Ex l entry into cellular and PCS markets, nor fain [email protected]. parte presentations are permitted, do we believe that these companies pose Further Information: For additional except during the Sunshine Agenda a significant threat of anti-competitive information concerning the information period, provided that they are disclosed conduct toward potential wireless collections contained in this NPRM as provided in the Commission’s rules. competitors. contact Dorothy Conway at (202) 418– See generally 47 CFR 1.1202, 1.1203, 0217, or via the Internet at 1.1206(a). Legal Basis. The NPRM is adopted [email protected]. pursuant to Sections 1, 2, 4, and 332 of Supplementary Information: D. Comment Period the Communications Act of 1934, as Title: Amendment of the Pursuant to applicable procedures set amended, 47 U.S.C. §§ 151, 152, 154, Commission’s Rules to Establish forth in Sections 1.415 and 1.419 of the and 332. Competitive Service Safeguards for Commission’s rules, 47 CFR 1.415, IRFA Comments. The Commission Local Exchange Carrier Provision of 1.419, interested parties may file requests written public comment on the Commercial Mobile Radio Services. comments on or before October 3, 1996. foregoing Initial Regulatory Flexibility Type of Review: New Collection. Reply comments are to be filed on or Analysis. Comments must have a Respondents: Business or other for before October 24, 1996. To file formally separate and distinct heading profit. in this proceeding, you must file an designating them as responses of the Number of Respondents: We estimate original and four copies of all IRFA and must be filed by the deadline that approximately 25 Tier 1 LECs may comments, reply comments, and for comments in response to the NPRM. submit a nonstructural safeguard plan. supporting comments. If you want each 46430 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules

Commissioner to receive a personal with paragraph 603(a) of the Regulatory Rule Making is issued until the matter copy of your comments, you must file Flexibility Act, 5 U.S.C. §§ 601 et seq. is no longer subject to Commission an original and nine copies. Comments consideration or court review, all ex List of Subjects in 47 CFR Part 22 and reply comments should be sent to parte contacts are prohibited in Office of the Secretary, Federal Communications common carriers, Commission proceedings, such as this Communications Commission, 1919 M Reporting and recordkeeping one, which involve channel allotments. Street, N.W., Room 222, Washington, requirements. See 47 CFR 1.1204(b) for rules D.C. 20554. Parties should also submit Federal Communications Commission. governing permissible ex parte contacts. two copies of comments and reply William F. Caton, For information regarding proper comments to Bobby Brown, Commercial Acting Secretary. filing procedures for comments, See 47 Wireless Division, Wireless CFR 1.415 and 1.420. [FR Doc. 96–22348 Filed 8–30–96; 8:45 am] Telecommunications Bureau, 2025 M List of Subjects in 47 CFR Part 73 Street, N.W., Room 7130, Washington, BILLING CODE 6712±01±P D.C. 20554. Parties should also file one Radio broadcasting. copy of any documents filed in this 47 CFR Part 73 Federal Communications Commission. docket with the Commission’s copy John A. Karousos, [MM Docket No. 96±153; RM±8804] contractor, International Transcription Chief, Allocations Branch, Policy and Rules Services, Inc., 2100 M Street, N.W., Division, Mass Media Bureau. Suite 140, Washington, D.C. 20037. Radio Broadcasting Services; Batesville, AR [FR Doc. 96–22347 Filed 8–30–96; 8:45 am] E. Authority BILLING CODE 6712±01±F AGENCY: Federal Communications The above action is authorized under Commission. the Communications Act of 1934, §§ 1, ACTION: Proposed rule. 4, 222, 252(c)(5), 301, and 303, 47 U.S.C. DEPARTMENT OF THE INTERIOR §§ 151, 154, 222, 252(c)(5), 301, and SUMMARY: This document requests Fish and Wildlife Service 303, as amended, and Section 601(d) of comments on a petition for rule making the Telecommunications Act of 1996, filed by Arkansas Radio Broadcasters, 50 CFR Part 17 Section 601(d), Public Law 104–104, seeking the allotment of Channel 258A 110 Stat. 56 (1996). to Batesville, Arkansas, as that Endangered and Threatened Wildlife F. Ordering Clauses community’s second local FM service. and Plants; Notice of Reopening of Coordinates used for this proposal are Comment Period on Proposed It is ordered that pursuant to Sections 35–50–28 and 91–34–45. Threatened and Endangered Status for 1, 4, 222, 252(c)(5), 301, and 303 of the DATES: Comments must be filed on or Seven Desert Milk-Vetch Taxa From Communications Act of 1934, as before September 16, 1996, and reply California and Nevada amended, 47 U.S.C. §§ 151, 154, 222, comments on or before October 1, 1996. 252(c)(5), 301, and 303, and Section AGENCY: Fish and Wildlife Service, 601(d) of the Telecommunications Act ADDRESSES: Secretary, Federal Interior. of 1996, Section 601(d), Public Law Communications Commission, ACTION: Proposed rule; Notice of 104–104, 110 Stat. 56 (1996), a notice of Washington, DC 20554. In addition to reopening of comment period. proposed rulemaking is hereby adopted. filing comments with the FCC, It is further ordered that comments in interested parties should serve the SUMMARY: The Fish and Wildlife Service WT Docket No. 96–162 will be due petitioner, as follows: Arkansas Radio (Service), pursuant to the Endangered October 3, 1996 and reply comments Broadcasters, Attn: Carol B. Ingram, Species Act of 1973, as amended (Act), will be due October 24, 1996. President, P.O. Box 73, Batesville, MS provides notice of reopening of the It is further ordered that, pursuant to 38606. comment period for five plants that Sections 1.3 and 22.19 of the FOR FURTHER INFORMATION CONTACT: have been proposed as endangered: Commission’s Rules, 47 CFR 1.3, 22.19, Nancy Joyner, Mass Media Bureau, (202) Lane Mountain milk-vetch (Astragalus all Bell Operating Companies are hereby 418–2180. jaegerianus), Coachella Valley milk- granted a WAIVER of the provisions of SUPPLEMENTARY INFORMATION: This is a vetch (Astragalus lentiginosus var. Section 22.903 of the Commission’s synopsis of the Commission’s Notice of coachellae), Fish Slough milk-vetch Rules, 47 CFR 22.903 with respect to the Proposed Rule Making, MM Docket No. (Astragalus lentiginosus var. provision of cellular service outside of 96–153, adopted May 24, 1996, and piscinensis), Peirson’s milk-vetch their in-region service areas as defined released July 26, 1996. The full text of (Astragalus magdalenae var. peirsonii), herein. this Commission decision is available and triple-ribbed milk-vetch (Astragalus It is further ordered that, pursuant to for inspection and copying during lentiginosus var. micans); and two Sections 1.3 and 22.19 of the normal business hours in the FCC’s plants that have been proposed as Commission’s Rules, 47 CFR §§ 1.3, Reference Center (Room 239), 1919 M threatened: shining milk-vetch 22.19, a waiver of Section 22.903 with Street, NW., Washington, DC. The (Astragalus tricarinatus) and Sodaville respect to the provision of cellular complete text of this decision may also milk-vetch (Astragalus lentiginosus var. service outside of their in-region service be purchased from the Commission’s sesquimetralis). The comment period areas as defined herein, is GRANTED to copy contractors, International has been reopened to acquire additional Bell Atlantic NYNEX Mobile, Inc. and Transcription Service, Inc., (202) 857– information from interested parties, and US West, Inc. 3800, 2100 M Street, NW., Suite 140, to reconsider the proposed listing It is further ordered that, the Secretary Washington, DC 20037. actions. shall send a copy of this Notice of Provisions of the Regulatory DATES: The public comment period Proposed Rulemaking, including the Flexibility Act of l980 do not apply to closes October 18, 1996. Any comments regulatory flexibility certification, to the this proceeding. received by the closing date will be Chief Counsel for Advocacy of the Small Members of the public should note considered in the final decision on this Business Administration, in accordance that from the time a Notice of Proposed proposal. Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46431

ADDRESSES: Written comments and the President has waived the ACTION: Notice of availability. materials concerning this proposal moratorium on the use of appropriated should be sent directly to the Field funds for final listing and critical habitat SUMMARY: This notice advises the public Supervisor, Ventura Field Office, 2493 determinations, the Service is that a Draft Environmental Assessment Portola Road, Suite B, Ventura, proceeding with a final determination on Permits for Control of Injurious California 93003. Comments and for these seven plants. This final Canada Geese is available for public materials received will be available for decision, however, must address and review and announces the U.S. Fish and public inspection, by appointment, consider any changes in the Wildlife Service’s (hereinafter Service) during normal business hours at the administration of desert lands since intent to consider regulatory changes to above address. 1992, like the lands transferred from the the process for issuing these permits. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management to the Comments and suggestions are Diane Steeck (see ADDRESSES section) at National Park Service, and any requested. 805/644–1766. conservation efforts, like the West Mohave Conservation Plan, that may DATES: Written comments are requested SUPPLEMENTARY INFORMATION: have influenced management of desert by October 18, 1996. Background areas. ADDRESSES: Copies of the Draft The seven taxa included within the Due to the length of time that has Environmental Assessment can be elapsed since the close of the initial proposed rule occur in Inyo, Mono, obtained by writing to the Chief, Office comment period, changing procedural Riverside, San Bernardino, and Imperial of Migratory Bird Management, U.S. Counties within California; Mineral and and biological circumstances and the need to review the best scientific and Fish and Wildlife Service, room 634— Nye Counties in Nevada; and Arlington Square, Washington, DC northeastern Baja California, Mexico. commercial information available during the decision-making process, the 20240. Written comments can be sent to Like many taxa in the genus Astragalus, the same address. these seven taxa are endemic to habitats comment period is being reopened. The with specific substrate or hydrologic Service particularly seeks information FOR FURTHER INFORMATION CONTACT: Mr. conditions and are, therefore, naturally that has become available in the last Paul R. Schmidt, Chief, Office of limited in distribution by the four years, concerning: Migratory Bird Management, U.S. Fish (1) Biological, commercial, or other availability of habitat. Five of the seven and Wildlife Service, (703) 358-1714. relevant data on any threat (or lack taxa occur primarily on public lands. SUPPLEMENTARY INFORMATION: The Draft The seven plant taxa may be thereof) to these species; (2) Additional information on the Environmental Assessment reviews the threatened by one or more of the size, number, or distribution of existing regulations governing issuance following: off-road vehicle (ORV) use, populations; and of permits to control injurious Canada grazing and trampling by livestock and (3) Whether one or more of these geese. The Assessment was prompted by feral burros, competition from alien plant species are subject to conservation requests from States and the U. S. plants, urban development, alteration of agreements or other protection Department of Agriculture to improve soil hydrology, and construction related instruments, and their possible impacts to fisheries development. Several of the the permit issuance process. The to such species. Assessment deals only with how plants may also be threatened with Written comments may now be random naturally occurring events by permits are issued and does not address submitted until October 18, 1996 to the specific control measures used to virtue of their small numbers and Service office in the ADDRESSES section. population sizes. control injury problems in the field. The On May 8, 1992, the Service Author Service’s proposed action is to issue a published a rule proposing endangered The primary author of this notice is blanket permit to State Conservation status for Astragalus jaegerianus, A. Diane Steeck (see ADDRESSES section). Agencies and/or the U. S. Department of lentiginosus var. coachellae, A. Agriculture on a State-specific basis. lentiginosus var. piscinensis, A. Authority: The authority for this action is the Endangered Species Act of 1973 (16 This permit will be limited to the period magdalenae var. peirsonii, and A. U.S.C. 1531 et seq.). March 11 through August 31 to avoid lentiginosus var. micans; and threatened Dated: August 26, 1996. conflicts with existing hunting seasons. status for A. tricarinatus and A. Thomas Dwyer, This approach is intended to provide a lentiginosus var. sesquimetralis (57 FR quicker response time to problem 19844). The original comment period Acting Regional Director, Region 1. [FR Doc. 96–22332 Filed 8–30–96; 8:45 am] situations, allow for greater local closed on July 7, 1992. oversight in control actions, and reduce The Service was unable to make a BILLING CODE 4310±55±U government administrative costs and final listing determination on these overhead related to issuance of these species because of a limited budget, other endangered species assignments 50 CFR Part 21 permits. Three alternatives, including the proposed action, are considered. driven by court orders, and higher Availability of a Draft Environmental listing priorities. In addition, a Assessment on Permits for Control of Dated: August 23, 1996 moratorium on listing actions (Public Injurious Canada Geese and Request George T. Frampton, Jr. Law 104–6), which took affect on April for Comments on Potential Assistant Secretary for Fish and Wildlife and 10, 1995, stipulated that no funds could Regulations Parks be used to make final listing or critical [FR Doc. 96–22194 Filed 8–30–96; 8:45 am] habitat determinations. Now that AGENCY: Fish and Wildlife Service, limited funding has been restored and Interior. BILLING CODE 4310±55±F 46432

Notices Federal Register Vol. 61, No. 171

Tuesday, September 3, 1996

This section of the FEDERAL REGISTER ‘‘Declaration of Sale,’’ is the written Signed at Washington, DC on August 26, contains documents other than rules or record, signed by the commodity 1996. proposed rules that are applicable to the supplier, of the terms of sale as reported Christopher E. Goldthwait, public. Notices of hearings and investigations, by telephone. When signed for the General Sales Manager, Foreign Agricultural committee meetings, agency decisions and General Sales Manager, it provides Service, and Vice President, Commodity rulings, delegations of authority, filing of Credit Corporation. petitions and applications and agency evidence of the USDA price approval [FR Doc. 96–22367 Filed 8–30–96; 8:45 am] statements of organization and functions are required for CCC financing. BILLING CODE 3410±10±M examples of documents appearing in this Estimate of Burden: The public section. reporting burden is 15 minutes per response for commodity suppliers Forest Service DEPARTMENT OF AGRICULTURE reporting details of sales. Southwest Oregon Provincial Respondents: Business or other for- Foreign Agricultural Service Interagency Executive Committee profit. (PIEC), Advisory Committee Notice of Request for Extension of Estimated Number of Respondents: AGENCY: Forest Service, USDA. Currently Approved Information 15. ACTION: Notice of meeting. Collection Estimated Total Annual Burden on SUMMARY: The Southwest Oregon PIEC AGENCY: Foreign Agricultural Service. Respondents: 36.25 hours. Advisory Committee will meet on ACTION: Notice and request for Copies of this information collection can be obtained from Valerie Countiss, September 17, 1996 at J. Herbert Stone comments. Nursery, Central Point, Oregon. The the Agency Information Collection meeting will begin at 9:00 a.m. and SUMMARY: In accordance with the Coordinator, at (202) 720–6713. Paperwork Reduction Act of 1995, this continue until 4:15 p.m. Agenda items notice announces the Foreign Request for Comments to be covered include: (1) Local area Agricultural Service’s (FAS) intention to issues presentation; (2) Subcommittee Comments are invited on (a) whether request an extension for a currently assignments; (3) Riparian reserves and the proposed collection of information approved information collection in grazing; (4) Implementation monitoring support of the Pub. L. 480, Title I is necessary for the proper performance results approval; (5) Presentation on the program. of the functions of the agency, including Applegate AMA Draft Guide; and (6) whether the information will have Public comments. DATES: Comments on this notice must be practical utility; (b) the accuracy of the All Province Advisory committee received by November 4, 1996 to be meetings are open to the public. assured of consideration. agency’s estimate of the burden of the proposed collection of information Interested citizens are encouraged to FOR FURTHER INFORMATION CONTACT: including the validity of the attend. Connie B. Delaplane, Director, P.L. 480 FOR FURTHER INFORMATION CONTACT: Operations Division, Export Credits, methodology and assumptions used; (c) ways to enhance the quality, utility and Direct questions regarding this meeting Foreign Agricultural Service, Room to Kurt Austermann, Province Advisory 4549 South Building, Stop 1033, U.S. clarity of the information to be collected; and (d) ways to minimize the Committee staff, USDI, Medford District, Department of Agriculture, 1400 Bureau of Land Management, 3040 Independence Ave., SW, Washington, burden of the collection of information on those who are to respond, including Biddle Rd., Medford, Oregon 97504, DC 20250–1033. Telephone: (202) 720– phone 541–770–2200. 3664. through the use of appropriate automated, electronic, mechanical, or Dated: August 26, 1996. SUPPLEMENTARY INFORMATION: other technological collection James T. Gladen, Title: Declaration of Sale, Form FAS– techniques or other forms of information Forest Supervisor, Designated Federal 359. technology. Comments may be sent to Official. OMB Number: 0551–0009. Connie B. Delaplane, Director, P.L. 480 [FR Doc. 96–22394 Filed 8–30–96; 8:45 am] Expiration Date of Approval: Operations Division, Export Credits, BILLING CODE 3410±11±M December 31, 1996. Foreign Agricultural Service, Room Type of Request: Extension of a 4549 South Building, Stop 1033 U.S. Grain Inspection, Packers and currently approved information Department of Agriculture, 1400 collection. Stockyards Administration Independence Ave., SW, Washington, Abstract: Title I of the Agricultural DC 20250–1033. Telephone (202) 720– Trade Development and Assistance Act Opportunity for Designation in the of 1954, as amended, (Pub. L. 480) 3664. Springfield (IL) Area and the State of authorizes the Commodity Credit All responses to this notice will be Alabama Corporation (CCC) to finance the sale summarized and included in the request AGENCY: Grain Inspection, Packers and and exportation of agricultural for OMB approval. All comments will Stockyards Administration (GIPSA). commodities on concessional credit become a matter of public record. ACTION: Notice. terms. 7 U.S.C. 1701 et seq. Commodity suppliers must report details of sales for SUMMARY: The United States Grain price approval. Form FAS–359, Standards Act, as amended (Act), Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46433 provides that official agency State of Illinois, is assigned to Dated: August 22, 1996. designations will end not later than Springfield. Neil E. Porter triennially and may be renewed. The Bounded on the North by the northern Director, Compliance Division designation of Springfield Grain Schuyler, Cass, and Menard County [FR Doc. 96–22109 Filed 8–30–96; 8:45 am] Inspection, Inc. (Springfield), will end lines; the western Logan County line BILLING CODE 3410±EN±F March 31, 1997, according to the Act north to State Route 10; State Route 10 and the designation of Alabama east to the west side of Beason; Department of Agriculture and Designation for the Mid-Iowa (IA) Area Industries (Alabama) will end February Bounded on the East by a straight line and the State of Oregon 28, 1997, according to the Act, and from the west side of Beason southwest AGENCY: GIPSA is asking persons interested in to Elkhart on Interstate 55; a straight Grain Inspection, Packers and providing official services in the line from Elkhart southeast to Stockyards Administration (GIPSA). Springfield and Alabama areas to Stonington on State Route 48; a straight ACTION: Notice. line from Stonington southwest to Irving submit an application for designation. SUMMARY: on State Route 16; GIPSA announces the DATES: Applications must be designation of Mid-Iowa Grain postmarked or sent by telecopier (FAX) Bounded on the South by State Route Inspection, Inc. (Mid-Iowa), and Oregon on or before October 3, 1996. 16 west to the eastern Macoupin County Department of Agriculture (Oregon) to ADDRESSES: Applications must be line; the eastern, southern, and western provide official services under the submitted to USDA, GIPSA, Janet M. Macoupin County lines; the southern United States Grain Standards Act, as Hart, Chief, Review Branch, Compliance and western Greene County lines; the amended (Act). Division, STOP 3604, 1400 southern Pike County line; and EFFECTIVE DATES: October 1, 1996. Independence Ave. S.W., Washington, Bounded on the West by the western ADDRESSES: USDA, GIPSA, Janet M. DC 20250–3604. Telecopier (FAX) users Pike County line west to U.S. route 54; Hart, Chief, Review Branch, Compliance may send applications to the automatic U.S. Route 54 northeast to State Route Division, STOP 3604, 1400 telecopier machine at 202–690–2755, 107; State Route 107 northeast to State Independence Ave. S.W., Washington, attention: Janet M. Hart. If an Route 104; State Route 104 east to the DC 20250–3604. application is submitted by telecopier, western Morgan County line. The FOR FURTHER INFORMATION CONTACT: GIPSA reserves the right to request an western Morgan, Cass, and Schuyler Janet M. Hart, telephone 202–720–8525. original application. All applications County lines. SUPPLEMENTARY INFORMATION: will be made available for public This action has been reviewed and inspection at this address located at The following grain elevator, located outside of the above contiguous determined not to be a rule or regulation 1400 Independence Avenue, S.W., as defined in Executive Order 12866 during regular business hours. geographic area, is part of this geographic area assignment: East and Departmental Regulation 1512–1; FOR FURTHER INFORMATION CONTACT: Lincoln Farmers Grain Co., Lincoln, therefore, the Executive Order and Janet M. Hart, telephone 202–720–8525. Logan County (located inside Central Departmental Regulation do not apply SUPPLEMENTARY INFORMATION: Illinois Grain Inspection, Inc.’s, area). to this action. This action has been reviewed and In the April 1, 1996, Federal Register determined not to be a rule or regulation Pursuant to Section 7(f)(2) of the Act, (61 FR 14289), GIPSA asked persons as defined in Executive Order 12866 the following geographic area, the entire interested in providing official services and Departmental Regulation 1512–1; State of Alabama, except those export in the geographic areas assigned to Mid- therefore, the Executive Order and port locations within the State, is Iowa and Oregon to submit an Departmental Regulation do not apply assigned to Alabama. application for designation. to this action. Interested persons, including Applications were due by May 1, 1996. Section 7(f)(1) of the Act authorizes Springfield, and Alabama, are hereby Mid-Iowa and Oregon, the only GIPSA’s Administrator to designate a given the opportunity to apply for applicants, each applied for designation qualified applicant to provide official designation to provide official services to provide official services in the entire services in a specified area after in the geographic areas specified above areas currently assigned to them. determining that the applicant is better under the provisions of Section 7(f) of Since Mid-Iowa and Oregon were the able than any other applicant to provide the Act and section 800.196(d) of the only applicants, GIPSA did not ask for such official services. GIPSA designated regulations issued thereunder. comments on the applicants. Springfield, main office located in Designation in the Springfield GIPSA evaluated all available Springfield, Illinois, to provide official geographic area is for the period information regarding the designation inspection services under the Act on beginning April 1, 1997, and ending criteria in Section 7(f)(l)(A) of the Act; April 1, 1994, and Alabama, main office February 29, 2000. Designation in the and according to Section 7(f)(l)(B), located in Mobile, Alabama, to provide Alabama geographic area is for the determined that Mid-Iowa and Oregon official inspection services under the period beginning March 1, 1997, and are able to provide official services in Act on March 1, 1994. ending February 29, 2000. Persons the geographic areas for which they Section 7(g)(1) of the Act provides wishing to apply for designation should applied. Effective October 1, 1996, and that designations of official agencies contact the Compliance Division at the ending September 30, 1999, Mid-Iowa shall end not later than triennially and address listed above for forms and and Oregon are designated to provide may be renewed according to the information. official services in the geographic areas criteria and procedures prescribed in specified in the April 1, 1996, Federal Section 7(f) of the Act. The designation Applications and other available Register. of Springfield ends on March 31, 1997, information will be considered in Interested persons may obtain official and the designation of Alabama ends on determining which applicant will be services by contacting Mid-Iowa at 319– February 28, 1997. designated. 363–0239 and Oregon at 503–276–0939. Pursuant to Section 7(f)(2) of the Act, AUTHORITY: Pub. L. 94–582, 90 Stat. 2867, Authority: Pub. L. 94–582, 90 Stat. 2867, the following geographic area, in the as amended (7 U.S.C. 71 et seq.) as amended (7 U.S.C. 71 et seq.) 46434 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

Dated: August 22, 1996 name and address to the State office make recommendations to the Access Neil E. Porter located in its residing State. Each State Board on accessibility guidelines for Director, Compliance Division office will be required to provide a copy telecommunications equipment and [FR Doc. 96–22373 Filed 8–30–96; 8:45 am] of its current list of lenders annually to customer premises equipment. These BILLING CODE 3410±EN±F the National office for compilation of a recommendations will be used by the nationwide database. This list should be Access Board to develop accessibility submitted to the National office by guidelines under section 255(e) of the Rural Utilities Service October 1, of each year. Telecommunications Act of 1996. The Dated: August 21, 1996. Committee is composed of Refinancing Water and Wastewater Wally Beyer, representatives of manufacturers of Loans telecommunications equipment and Adminstrator, Rural Utilities Service. customer premises equipment; AGENCY: Rural Utilities Service, USDA. [FR Doc. 96–22368 Filed 8–30–96; 8:45 am] organizations representing the access ACTION: Notice. BILLING CODE 3410±15±M needs of individuals with disabilities; SUMMARY: This Notice describes the telecommunications providers and Rural Utilities Service’s Water and carriers; and other persons affected by ARCHITECTURAL AND Wastewater (WW) loan program the guidelines. At its first meeting on TRANSPORTATION BARRIERS refinancing policies, informs June 12–14, 1996, the Committee took COMPLIANCE BOARD commercial lenders of the availability of the following actions: • a list of eligible WW borrowers that The statutory definitions of Telecommunications Access Advisory telecommunications, have the potential to refinance Committee; Meeting outstanding debt, and invites telecommunications equipment and cooperatives and private credit sources AGENCY: Architectural and customer premises equipment are to be Transportation Barriers Compliance construed broadly. to participate in refinancing loans from • the Agency’s loan portfolio. Board. Providing access is not a ‘‘change in form’’ of information within the FOR FURTHER INFORMATION CONTACT: ACTION: Notice of meeting. Deborah Pope, Loan Specialist, Rural meaning of the statute’s definition of SUMMARY: Utilities Service, USDA, Room 6336, The Architectural and telecommunications and, therefore, not South Agriculture Building, 1400 Transportation Barriers Compliance excluded. • A listserv was created through the Independence Avenue S.W., Board (Access Board) gives notice of the Trace Center: [email protected]. To Washington, D.C. 20250, Telephone: dates and location of the meetings of the subscribe, send e-mail to (202) 720–1938. Telecommunications Access Advisory Committee. [email protected] with the SUPPLEMENTARY INFORMATION: The DATES: The Telecommunications Access message subscribe taac-l . entities such as municipalities, Advisory Committee will meet on September 25, 26, and 27, 1996. The At its second meeting on August 14– counties, special-purpose districts, 16, 1996, the Committee agreed on the Indian tribes, tribal organizations and meetings will begin at 9:30 a.m. and end no later than 5:00 p.m. following points: nonprofit corporations. The eligible WW • In customer premises equipment ADDRESSES: The meetings will be held loan purposes are to construct, enlarge, (CPE), it is not always possible to extend, or otherwise improve water and in the Steptoe & Johnson building, 1330 Connecticut Avenue, NW., Washington, separate the effects of software from wastewater systems. The Agency’s hardware and one manufacturer may credit programs are administered in a DC on the concourse level. The meetings are open to the public. The choose to perform the same function manner which ensures that they do not with one or the other. Therefore, the compete with credit available from facility is accessible to individuals with disabilities. Sign language interpreters, guidelines must cover both. other reliable sources. Loan agreements • It is not always possible to assistive listening systems and real-time require financially capable borrowers to determine whether a particular function transcription will be available. refinance debts owed to the Agency resides with the CPE, the when other credit is available at FOR FURTHER INFORMATION CONTACT: For telecommunications carrier or the reasonable rates and terms from a further information regarding the source material. Therefore, the cooperative or private credit source. meetings, please contact Dennis guidelines will be developed with the The Agency would like to further Cannon, Office of Technical and assumption that the function resides in develop its public/private partnerships Information Services, Architectural and the CPE and urge the FCC to apply the while enhancing its refinancing efforts. Transportation Barriers Compliance same guidelines to entities and services As part of these efforts, each Rural Board, 1331 F Street, NW., Suite 1000, under its jurisdiction. Development State office, which Washington, D.C. 20004–1111. • The Committee also agreed that the administers the WW program in the Telephone number (202) 272–5434 existing definitions of CPE and field, will maintain a current listing of extension 35 (voice); (202) 272–5449 telecommunications equipment are borrowers that have the potential to (TTY). Electronic mail address: sufficient. refinance. The Agency requests that any [email protected]. This The Committee also took the interested lenders contact the State document is available in alternate following administrative and procedural office in each State for the current list formats (cassette tape, braille, large actions: of borrowers with potential to graduate. print, or computer disk) upon request. • While the definition of ‘‘readily The Agency will develop a unified SUPPLEMENTARY INFORMATION: On May achievable’’ in the Telecommunications database of lenders interested in this 24, 1996, the Access Board published a Act is the same as in the Americans refinancing initiative as part of their notice appointing members to its with Disabilities Act (ADA), the term is ongoing effort to establish a stronger Telecommunications Access Advisory applied differently. In the ADA, the alliance with private sector lenders. Committee (Committee). 61 FR 26155 term applies to barrier removal in Each interested lender should submit its (May 24, 1996). The Committee will existing facilities whereas the Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46435

Telecommunications Act applies the is likely to disclose: (1) Trade secrets register its mark. A registration is valid term to the manufacture of new and commercial or financial information for ten years and renewable, by equipment. An ad hoc task group was obtained from a person and privileged affidavit, for like periods. formed to develop criteria to assess or confidential; or (2) information of a The Patent and Trademark Office ‘‘readily achievable’’ in this new personal nature the disclosure of which administers the Trademark Act context. would constitute a clearly unwarranted according to 37 CFR Part 2, containing • Subcommittees on Compliance invasion of personal privacy, pursuant the rules that implement the Trademark Assessment and Guidelines content to authority granted me by the were created. Discussions will be Chairman’s Delegation of Authority to Act. Registration is not required to conducted primarily by e-mail. To Close Advisory Committee meetings, obtain rights in a mark; however, participate in a subcommittee, send e- dated July 19, 1993, I have determined registration provides certain benefits, mail to [email protected] or that this meeting will be closed to the such as access to the Federal court [email protected]. public pursuant to subsections (c) (4), system and nationwide constructive The Committee will meet again on: and (6) of section 552b of Title 5, United notice of the Registrant’s rights. No November 6–8, December 16–18, and States Code. individual or business is required to register a trademark, or to use the forms January 14–15. Subsequent meetings Date: September 26–27, 1996. will be held at locations to be Time: 8:30 a.m. to 5:00 p.m. in this collection. The forms are announced. Room: 317. provided as a convenience to the public, The Committee will meet on the dates Program: This meeting will review and serve as guidance on what and at the location announced in this applications for Education Development and information is legally mandated, should notice. There will be a public comment Demonstration submitted to the Division of an individual or business desire period each day for persons interested Research and Education Programs, for registration. projects at the September 15, 1996 deadline. in presenting their views to the The PTO uses this information to Committee. Michael S. Shapiro, determine the eligibility of each mark Lawrence W. Roffee, Acting, Advisory Committee Management Officer. for registration and to maintain a public Executive Director. [FR Doc. 96–22374 Filed 8–30–96; 8:45 am] search library where copies of the [FR Doc. 96–22336 Filed 8–30–96; 8:45 am] BILLING CODE 7536±01±M registration certificates for marks can be BILLING CODE 8150±01±M searched. The PTO also provides the information to the Patent and Trade Department of Commerce Depository Libraries (PTDLs) that also NATIONAL FOUNDATION ON THE maintain the information for use by the ARTS AND THE HUMANITIES Submission for OMB Review; public. Comment Request Meeting of Humanities Panel The information is a matter of public The Department of Commerce (DOC) record, and used by the public for a AGENCY: National Endowment for the has submitted to the Office of variety of private business purposes Humanities. Management and Budget (OMB) for related to establishing and reinforcing ACTION: Notice of meeting. clearance the following proposal for trademark rights. This information is collection of information under the important to the public, since both SUMMARY: Pursuant to the provisions of common law trademark owners and the Federal Advisory Committee Act provisions of the Paperwork Reduction (Public Law 92–463, as amended), Act (44 U.S.C. Chapter 35). Federal trademark registrants must notice is hereby given that the following Agency: Patent and Trademark Office actively protect their own rights. meeting of the Humanities Panel will be (PTO). Affected Public: Trademark Owners Title: Trademark Registration held at the Old Post Office, 1100 and Trademark Practitioners. Processing. Pennsylvania Avenue, N.W., Agency Approval Number: 0651– Frequency: When filing a mark Washington, D.C. 20506. 0009. application. FOR FURTHER INFORMATION CONTACT: Form Numbers: PTO Forms 1478, Respondent’s Obligation: Required to Sharon I. Block, Advisory Committee 1478a, 4.8, 4.9, 4.17a, 1553, and 1581. obtain or retain a benefit. Management Officer, National Type of Request: Reinstatement, with OMB Desk Officer: Maya A. Bernstein, Endowment for the Humanities, change, of a previously approved Washington, D.C. 20506; telephone collection for which approval has (202) 395–4816. (202) 606–8322. Hearing-impaired expired. Copies of the above information individuals are advised that information Burden: 193,988 hours. collection proposal can be obtained by on this matter may be obtained by Number of Respondents: 239,571. a calling or writing Linda Engelmeier, contacting the Endowment’s TDD Avg. Hours Per Response: 1 hour for Acting DOC Forms Clearance Officer, terminal on (202) 606–8282. PTO Forms 1478, 1478s, 4.8 and 4.9, (202) 482–3272, Department of SUPPLEMENTARY INFORMATION: The and 4.17a; .25 hour for PTO Form 1553. Commerce, Room 5312, 14th and proposed meeting is for the purpose of Needs and Uses: This collection of Constitution Avenue, NW., Washington, panel review, discussion, evaluation information is required by the DC 20230. and recommendation on applications Trademark Act, 15 U.S.C. 1501, et. eq, for financial assistance under the which provides for the Federal Written comments and National Foundation on the Arts and the registration of trademarks and service recommendations for the proposed Humanities Act of 1965, as amended, marks. Any individual or business information collection should be sent including discussion of information owning a valid mark, that is used in within 30 days of publication of this given in confidence to the agency by the connection with goods or services notice to Maya Bernstein, OMB Desk grant applicants. Because the proposed traveling in commerce regulable by the Officer, Room 10236, New Executive meeting will consider information that U.S. Congress, may apply to federally Office Building, Washington, DC 20503. 46436 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

Dated: August 27, 1996. busses. The Bureau of Transportation Community Survey (ACS), implemented Linda Engelmeier, Statistics, Department of Transportation in November 1995, is a continuing full- Acting Departmental Forms Clearance is contributing funds to sponsor the scale operation of a continuous Officer, Office of Management and inclusion of these two types of motor measurement system in four survey sites Organization. vehicles. (three urban and one rural) designed to [FR Doc. 96–22282 Filed 8–30–96; 8:45 am] Affected Public: Individuals or determine the feasibility of a continuous BILLING CODE 3510±16±M households, Businesses or other for- measurement system. The survey also profit, Not-for-profit institutions, Farms. includes a national sample to test Frequency: One-time. response rates and our ability to obtain Respondent’s Obligation: Mandatory. DEPARTMENT OF COMMERCE telephone numbers for nonresponse Legal Authority: Title 13 USC, households. The data collected in this Submission for OMB Review; Sections 131 and 224. survey will be within the general scope Comment Request OMB Desk Officer: Jerry Coffey, (202) 395–7314. and nature of those inquiries covered in The Department of Commerce (DOC) Copies of the above information the decennial census every ten years. has submitted to the Office of collection proposal can be obtained by We plan to continue sampling and Management and Budget (OMB) for calling or writing Linda Engelmeir, enumeration in the ACS in 1997 and clearance the following proposal for Acting DOC Forms Clearance Officer, 1998. We also plan to add testing of collection of information under the (202) 482–3272, Department of procedures for identification, sampling, provisions of the Paperwork Reduction Commerce, Room 5312, 14th and and data collection for persons living in Act (44 U.S.C. Chapter 35). Constitution Avenue, NW, Washington, special situations such as Indian Agency: Bureau of the Census. DC 20230. reservations, military bases, and large Title: 1997 Vehicle Inventory and Use Written comments and institutional and noninstitutional group Survey. recommendations for the proposed quarters. We will also develop and Form Number(s): TC–9501, TC–9502, information collection should be sent implement procedures to create listing TC–9503, TC–9504. within 30 days of publication of this procedures and a national list of special Agency Approval Number: None. notice to Jerry Coffey, OMB Desk Type of Request: New collection. places. In addition to the present survey Officer, Room 10201, New Executive sites, we plan to add sites in Douglas Burden: 103,257 hours in FY 1998. Office Building, Washington, DC 20503. Number of Respondents: 140,000. County, Nebraska; Otero County, New Avg Hours Per Response: 45 minutes. Dated: August 27, 1996. Mexico; Harris and Fort Bend Counties, Needs and Uses: The 1997 Vehicle Linda Engelmeir, Texas; and Franklin County, Ohio, Inventory and Use Survey (VIUS), a Acting Departmental Forms Clearance including the entire city of Columbus. component of the economic census, will Officer, Office of Management and Affected Public: Individuals or Organization. survey a sample of private and households. commercial trucks, automobiles, and [FR Doc. 96–22410 Filed 8–30–96; 8:45 am] buses registered in the 50 States and the BILLING CODE 3510±07±M Frequency: Monthly. District of Columbia. Government Respondent’s Obligation: Mandatory. vehicles will not be sampled. The VIUS Legal Authority: Title 13 USC, Section Submission for OMB Review; will produce basic statistics on the 182. physical and operational characteristics Comment Request of the nation’s trucks, automobiles, and OMB Desk Officer: Jerry Coffey, (202) The Department of Commerce (DOC) 395–7314. buses. It also will yield a variety of has submitted to the Office of subject statistics, including vehicles by Management and Budget (OMB) for Copies of the above information annual miles, major use, fuel type, miles clearance the following proposal for collection proposal can be obtained by per gallon, and products carried. The collection of information under the calling or writing Linda Engelmeier, Census Bureau will publish truck provisions of the Paperwork Reduction Acting DOC Forms Clearance Officer, estimates at the state and national level, Act (44 U.S.C. Chapter 35). (202) 482–3272, Department of and automobile and bus estimates at the Agency: Bureau of the Census. Commerce, Room 5312, 14th and national level. Federal, state, and local Title: 1997 American Community Constitution Avenue, NW, Washington, transportation agencies will use VIUS Survey. DC 20230. data for analysis of safety issues, Form Number(s): TACS–1/1A, proposed investments in new roads and Written comments and 10/10A, 12(L)/12A(L), 13(L)/13A(L), recommendations for the proposed technology, vehicle size and weight 14(L)/14A(L), 16(L)/16A(L), 20/20A, 30/ information collection should be sent issues, user fees, cost allocation, energy 30A. and environmental constraints, Agency Approval Number: 0607– within 30 days of publication of this hazardous materials transport, and other 0810. notice to Jerry Coffey, OMB Desk aspects of the Federal-aid highway Type of Request: Revision of a Officer, room 10201, New Executive program. Although the 1997 Vehicle currently approved collection. Office Building, Washington, DC 20503. Inventory and Use Survey is being Burden: 72,325 hours. Dated: August 27, 1996. submitted as a new collection, similar Number of Respondents: 144,650. Linda Engelmeier, data are collected every five years as Avg Hours Per Response: 30 minutes. part of the economic census. The 1992 Needs and Uses: The Census Bureau Acting Departmental Forms Clearance collection was known as the Truck is developing a methodology known as Officer, Office of Management and Organization. Inventory and Use Survey (TIUS). The ‘‘Continuous Measurement’’ which will VIUS was renamed for this census to produce socioeconomic data on a [FR Doc. 96–22411 Filed 8–30–96; 8:45 am] reflect a change in the scope of the continual basis throughout the decade BILLING CODE 3510±07±M survey to include two additional modes for small areas and small of transportation—automobiles and subpopulations. The American Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46437

Bureau of the Census The information collected in the 1997 Puerto Rico—45,000 Economic Census of the Outlying Areas Guam—2,000 1997 Economic Census of the Outlying will produce basic statistics by kind of Northern Mariana Islands—1,000 Areas Including Puerto Rico, Guam, business for number of establishments, Virgin Islands—1,500 Northern Mariana Islands and the U.S. sales, payroll, and employment. It also Total—49,500 Virgin Islands will yield a variety of industry-specific Estimated Total Annual Cost: The total cost to the government for this ACTION: Proposed agency information statistics, including value of shipments, work is included in the total cost of the collection activity; comment request. sales by commodity and merchandise lines, and number of hotel rooms. 1997 Economic Census, estimated at SUMMARY: The Department of $218 million. II. Method of Collection Commerce, as part of its continuing IV. Request for Comments effort to reduce paperwork and The 1997 Economic Census of the respondent burden, invites the general Outlying Areas will be conducted using Comments are invited on: (a) Whether public and other Federal agencies to mailout/mailback procedures. Mailout/ the proposed collection of information take this opportunity to comment on mailback procedures will replace is necessary for the proper performance proposed and/or continuing information canvassing for Guam, Northern of the functions of the agency, including collections, as required by the Marianas, and the Virgin Islands. The whether the information shall have Paperwork Reduction Act of 1995, use of the mail helps reduce respondent practical utility; (b) the accuracy of the Public Law 104–13 (44 U.S.C. 3506 burden for establishments that are not agency’s estimate of the burden (c)(2)(A)). within the scope of the census while (including hours and cost) of the DATES: Written comments must be allowing in-scope establishments the proposed collection of information; (c) submitted on or before November 4, flexibility to complete the form when ways to enhance the quality, utility, and 1996. convenient. As in the 1992 census, only clarity of the information to be collected; and (d) ways to minimize the ADDRESSES: Direct all written comments one form covering all economic activity to Linda Engelmeier, Acting within the scope of the census is used burden of the collection of information Departmental Forms Clearance Officer, for each area. Since administrative on respondents, including through the Department of Commerce, Room 5327, records for the outlying areas sometimes use of automated collection techniques 14th and Constitution Avenue, NW., have classification deficiencies the use or other forms of information Washington, DC 20230. of one form eliminates time spent by the technology. Comments submitted in response to FOR FURTHER INFORMATION CONTACT: respondent requesting a sector- this notice will be summarized and/or Requests for additional information or appropriate form. Establishments will included in the request for OMB copies of the information collection be selected from the Census Bureau’s approval of this information collection; instrument(s) and instructions should Standard Statistical Establishment List. they also will become a matter of public be directed to Joseph T. Reilly, Bureau An establishment will be included in record. of the Census, Agriculture and Financial the 1997 Economic Census of the Statistics Division, Room 437, Iverson Outlying Areas if: (a) It is engaged in Dated: August 28, 1996. Mall, Washington, DC 20233. Phone: retail, wholesale, certain services Linda Engelmeier, (301) 763–8557. activities, construction, or Acting Departmental Forms Clearance manufacturing; (b) it is an active Officer, Office of Management and SUPPLEMENTARY INFORMATION: establishment with payroll; and (c) it is Organization. I. Abstract located in Puerto Rico, Guam, Northern [FR Doc. 96–22421 Filed 8–30–96; 8:45 am] The Census Bureau is the preeminent Mariana Islands or the Virgin Islands. BILLING CODE 3510±07±M collector and provider of timely, No data are tabulated for establishments relevant and quality data about the without payroll. people and economy of the United III. Data International Trade Administration States including Puerto Rico, Guam, OMB Number: Not Available. Intent To Revoke Antidumping Duty Northern Mariana Islands, and the Form Number: OA9819 (Puerto Rico Orders and Findings and To Terminate Virgin Islands. Economic data are the Spanish), OA9820 (Puerto Rico English), Suspended Investigations Census Bureau’s primary program OA9863 (Guam), OA9883 (Northern commitment during nondecennial Mariana Islands), and OA9873 (Virgin AGENCY: Import Administration, census years. The economic census, Islands). International Trade Administration, conducted under the authority of Title Type of Review: Regular Review. Department of Commerce. 13, United States Code, is the primary Affected Public: Businesses or Other ACTION: Notice of Intent To Revoke source of dependable facts about each of For-Profit Organizations. Antidumping Duty Orders and Findings the outlying areas’ economy, and Estimated Number of Respondents: and To Terminate Suspended features the only recognized source of Puerto Rico—45,000 Investigations. data at a geographic level equivalent to Guam—4,000 U.S. counties. Outlying areas economic Northern Mariana Islands—2,000 SUMMARY: The Department of Commerce census statistics serve to benchmark Virgin Islands—3,000 (the Department) is notifying the public estimates of net income and gross Total—54,000 of its intent to revoke the antidumping product, and provide essential Estimated Time Per Response: duty orders and findings and to information for government (Federal Puerto Rico—1 hr. terminate the suspended investigations and local), business, and the general Guam—.5 hr. listed below. Domestic interested parties public. The 1997 Economic Census of Northern Mariana Islands—.5 hr. who object to these revocations and the Outlying Areas will cover the Virgin Islands—.5 hr. terminations must submit their following sectors: retail and wholesale Total—2.5 hrs. comments in writing no later than the trades, certain services industries, Estimated Total Annual Burden last day of September 1996. construction, and manufactures. Hours: EFFECTIVE DATE: September 3, 1996. 46438 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

FOR FURTHER INFORMATION CONTACT: suspended investigations by the last day SUPPLEMENTARY INFORMATION: Michael Panfeld or the analyst listed of September 1996. Any submission to Background under Antidumping Proceeding at: the Department must contain the name Import Administration, International and case number of the proceeding and On April 10, 1996, the Department Trade Administration, U.S. Department a statement that explains how the published the preliminary results (61 FR of Commerce, 14th Street & Constitution objecting party qualifies as a domestic 15924) of its administrative review of Avenue, NW., Washington, DC 20230. interested party under § 353.2(k) (3), (4), the antidumping duty order on fresh (5), and (6) of the Department’s kiwifruit from New Zealand (57 FR SUPPLEMENTARY INFORMATION: regulations. 23203 (June 2, 1992)). The Department Background Seven copies of such objections has now completed this administrative The Department may revoke an should be submitted to the Assistant review in accordance with section 751 antidumping duty order or finding or Secretary for Import Administration, of the Tariff Act of 1930, as amended terminate a suspended investigation if International Trade Administration, (the Act). Unless otherwise indicated, the Secretary of Commerce concludes Room B–099, U.S. Department of all citations to the statute are references that it is no longer of interest to Commerce, Washington, DC 20230. You to the provisions effective January 1, interested parties. Accordingly, as must also include the pertinent 1995, the effective date of the required by § 353.25(d)(4) of the certification(s) in accordance with amendments made to the Tariff Act of Department’s regulations, we are § 353.31(g) and § 353.31(i) of the 1930 (the Act), by the Uruguay Round notifying the public of our intent to Department’s regulations. In addition, Agreements Act (URAA). In addition, revoke the following antidumping duty the Department requests that a copy of unless otherwise indicated, all citations orders and findings and to terminate the the objection be sent to Michael F. to the Departments regulations are to the suspended investigations for which the Panfeld in Room 4203. This notice is in current regulations, as amended by the Department has not received a request accordance with 19 CFR 353.25(d)(4)(i). interim regulations published in the to conduct an administrative review for Federal Register on May 11, 1995 (60 Dated: August 26, 1996. FR 25130). the most recent four consecutive annual Barbara R. Stafford, anniversary months: Deputy Assistant Secretary for AD/CVD Scope of the Review Antidumping Proceeding Enforcement. The product covered by the order Germany [FR Doc. 96–22415 Filed 8–30–96; 8:45 am] under review is fresh kiwifruit. Certain Forged Steel Crankshafts BILLING CODE 3510±DS±P Processed kiwifruit, including fruit A–428–604 jams, jellies, pastes, purees, mineral 52 FR 35751 waters, or juices made from or September 23, 1987 [A±614±801] containing kiwifruit, are not covered Contact: Amy Wei at (202) 482–1131 under the scope of the order. The Italy Fresh Kiwifruit From New Zealand; subject merchandise is currently Pads for Woodwind Instrument Keys Final Results of Antidumping classifiable under subheading A–475–017 Administrative Review 0810.90.20.60 of the Harmonized Tariff 49 FR 37137 Schedule (HTS). Although the HTS September 21, 1984 AGENCY: Import Administration, number is provided for convenience and Contact: Lyn Johnson at (202) 482– International Trade Administration, customs purposes, our written 5287 Commerce. description of the scope of this review The People’s Republic of China ACTION: Notice of Final Results of is dispositive. Greige Polyester/Cotton Printcloth Antidumping Duty Administrative Analysis of Comments Received A–570–101 Review. 48 FR 41614 We invited interested parties to September 16, 1983 SUMMARY: On April 10, 1996, the comment on the preliminary results. We Contact: Amy Wei at (202) 482–1131 Department of Commerce (the received timely comments from If no interested party requests an Department) published the preliminary respondent, the New Zealand Kiwifruit administrative review in accordance results of its administrative review of Marketing Board (NZKMB), and with the Department’s notice of the antidumping duty order on fresh petitioner, the California Kiwifruit opportunity to request administrative kiwifruit from New Zealand. The review Commission. review, and no domestic interested cover one exporter, the New Zealand Comment 1 party objects to the Department’s intent Kiwifruit Marketing Board (NZKMB), to revoke or terminate pursuant to this and the period from June 1, 1994, The petitioner alleged a number of notice, we shall conclude that the through May 31, 1995. Based on our specific ministerial errors pertaining to antidumping duty orders, findings, and analysis of the comments received, we the application of the computer program suspended investigations are no longer have revised the dumping margin for used by the Department and submitted of interest to interested parties and shall NZKMB. specific suggested program edits. proceed with the revocation or Respondents also alleged ministerial EFFECTIVE DATES: September 3, 1996. termination. errors pertaining to the computer FOR FURTHER INFORMATION CONTACT: Paul program. In one instance, respondent Opportunity To Object M. Stolz or Thomas F. Futtner, Import alleged a ministerial error with regard to Domestic interested parties, as Administration, International Trade transportation insurance, and petitioner defined in § 353.2(k) (3), (4), (5), and (6) Administration, U.S. Department of argued that this was not an error. This of the Department’s regulations, may Commerce, 14th Street and Constitution issue is considered in comment 2. In all object to the Department’s intent to Avenue, NW., Washington, DC 20230; other instances there was no revoke these antidumping duty orders telephone (202) 482–4474 or 482–3814, disagreement between the petitioner and findings or to terminate the respectively. and respondent concerning the alleged Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46439 ministerial errors made by the U.S. sales for the CEP starting price and may not be suitable for comparison to Department. New Zealand NV. prices in the United States.’’ The errors alleged by the petitioner Respondent asserts that none of these Comment 3 and respondent related to the following: situations prevailed in the New Zealand 1) exchange rates were incorrectly Petitioner argues that although New home market during the POR. applied; 2) certain indirect selling Zealand home market sales exceeded expenses were erroneously labeled as five percent of U.S. sales during the DOC Position direct expenses while certain direct period of review (POR), particular We disagree with petitioner. The expenses were labeled as indirect; 3) market conditions in New Zealand home market clearly meets the delivery premiums were not added to during the POR were such that the quantitative standard set forth in 19 the starting price for both U.S. and New Department should not consider that U.S.C. 1677b(a)(1)(C). We note that, in Zealand sales; 4) inventory carrying market to be viable. Petitioner claims past reviews of kiwifruit from New costs were not included in home market that particular market conditions in Zealand, where the quantitative test was indirect selling expenses; 5) imputed New Zealand did not permit proper based on third country markets rather credit expenses were deducted from the comparisons between New Zealand than the U.S. market, the New Zealand price in performing the cost test; 6) sales and U.S. sales. Petitioner relies on home market was not viable. Under the General and Administrative (G&A) an exception outlined in the URAA new law, viability is determined on the expenses were double counted. Statement of Administrative Action basis of the relationship between home (SAA) at 151–152: ‘‘The Administration market sales and U.S. sales. Since sales DOC Position intends that Commerce will normally of subject merchandise in New Zealand With respect to the ministerial error use the five percent threshold except substantially exceeded five percent of allegations other than that which is where some unusual situation renders those in the U.S. market, the considered in comment 2, the its application inappropriate. * * * In quantitative test of the home market Department has incorporated the unusual situations * * * home market under current law is satisfied. suggested edits into the computer sales constituting more than five percent Petitioner alleges that the New program. (See memorandum to the file of sales to the United States could be Zealand market is an inappropriate dated July 22, 1996, for a detailed considered not viable.’’ Petitioner states basis for normal value because the description of all adjustments made.) that the New Zealand market was ‘‘particular market situation in the distorted because New Zealand law and exporting country does not permit a Comment 2 respondent’s own regulations establish proper comparison with the export price Respondent claims that transportation respondent as the exclusive exporter of or constructed export price,’’ as these insurance expenses to U.S. sales should export quality kiwifruit from New terms are used in 19 U.S.C. not be deducted from the constructed Zealand. Petitioner claims that New 1677b(a)(1)(C)(iii). The SAA that export price (CEP) starting price as this Zealand has been a ‘‘dumping ground’’ accompanied the URAA, at 822, is an indirect selling expense. for production that cannot be sold in establishes that a ‘‘particular market Respondent states that these expenses export markets, thus driving down situation’’ might exist where a single are incurred in New Zealand and are domestic prices. Finally, petitioner sale in the home market exceeds the therefore not direct U.S. expenses. claims that all home market sales are quantitative viability threshold or where Furthermore, respondent states that in below cost, and that this should be a there is government control over pricing the Department’s analysis memorandum factor in evaluating the viability of the to such an extent that home market for the preliminary determination in market. Petitioner requested that the prices cannot be considered to be this proceeding, the Department stated Department require respondent to competitively set. The SAA also that it intended to treat transportation submit Japanese sales and that the mentions situations in which demand insurance as an indirect selling expense. Department use this information to patterns are different in the foreign Petitioner states that transportation establish NV. market and the United States. insurance should be deducted from the The respondent asserts that the URAA As the language of the SAA makes CEP starting price because it is an explicitly and clearly establishes that a clear, we are not limited by the expense identifiable with U.S. sales home market is considered viable if examples of ‘‘particular market regardless of whether respondent home market sales equal or exceed five situations’’ described in that document. considers it to be a direct or indirect percent of U.S. sales. Respondent notes However, based on the evidence on the selling expense. that the SAA at 151, establishes an record, we find that there is no exception to this rule for ‘‘particular ‘‘particular market situation,’’ within DOC Position market situations.’’ Respondent notes the meaning of 19 U.S.C. Although the Department did indicate that such circumstances only exist 1677b(a)(1)(c)(iii) which warrants a in its analysis memorandum for the where ‘‘* * * a single sale in the home departure from the normal five percent preliminary results that it was treating market constitutes five percent of sales test. We are not persuaded by transportation insurance as an indirect to the United States or there is petitioner’s assertion that, during the selling expense, upon reassessment of government control over pricing to such POR, New Zealand was used as a this point, we agree with petitioner that an extent that home market prices ‘‘dumping ground’’ for production that transportation insurance should be cannot be considered to be could not be sold in export markets. The deducted from CEP as it should competitively set. It may also be the record does not demonstrate that similarly be deducted from New case that a particular market situation kiwifruit sold in export markets by the Zealand normal value (NV). could arise from differing patterns of NZKMB is of higher quality than Transportation insurance is a movement demand in the United States and in the kiwifruit sold in the home market by the expense and can be linked to specific foreign market. For example, if NZKMB. Nor does NZKMB’s dominance shipments to different markets. We have significant price changes are closely in the exportation of kiwifruit from New made the appropriate adjustments to the correlated with holidays which occur at Zealand establish that there were price computer program to deduct the amount different times of the year in the two controls in the New Zealand kiwifruit of transportation insurance allocated to markets, the prices in the foreign market market. Indeed, evidence on the record 46440 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices demonstrates that the NZKMB is not U.S. price and NV may vary from the [A±570±506] strictly the exclusive exporter of percentage stated above. The kiwifruit from New Zealand. Sales of Department will issue appraisement Porcelain on Steel Cookware From the People's Republic of China; kiwifruit by any grower, reseller or other instructions concerning the respondent Antidumping Duty Administrative party, to the Australian market is directly to the U.S. Customs Service. permissible under New Zealand law. Review; Extension of Time Limits for Furthermore, the following deposit Also, New Zealand resellers of kiwifruit Antidumping Duty Administrative requirements will be effective for all are permitted to export to other markets Review shipments of the subject merchandise, if they are licensed by the NZKMB. AGENCY: Import Administration, Thus export markets and export pricing entered, or withdrawn from warehouse, for consumption on or after the International Trade Administration, are not subject to absolute control and Department of Commerce. manipulation by the NZKMB. Even if publication date of these final results of ACTION: Notice of extension of time the NZKMB were in a position to administrative review, as provided for limits for antidumping duty manipulate export prices, there is no by section 751(a)(1) of the Act: (1) the administrative review. evidence on the record that the NZKMB cash deposit rate for the review firm acts on behalf of the New Zealand will be 2.81 percent; and (2) the cash SUMMARY: The Department of Commerce government to control prices in the deposit rate for merchandise exported (the Department) is extending the time home market. As a result, we find that by all other manufacturers and exporters limits of the preliminary and final petitioners have not presented evidence will be the ‘‘all others’’ rate of 98.60 results of this antidumping duty of ‘‘price control’’ sufficient to satisfy percent established in the less-than-fair- administrative review of Porcelain on the ‘‘particular market situation’’ value investigation; in accordance with Steel Cookware from the People’s standard under the new law. the Department practice. See Floral Republic of China. The review covers A finding of sales below cost of Trade Council v. United States, 822 F. the period December 1, 1994, through production does not, in and of itself, Supp. 766 (1993), and Federal Mogul November 30, 1995. establish that a ‘‘particular market Corporation, 822 F. Supp. 782 (1993). EFFECTIVE DATE: September 3, 1996. situation’’ exists. It is the Department’s These deposit requirements shall FOR FURTHER INFORMATION CONTACT: longstanding practice to first determine Judy whether the home market is viable and remain in effect until publication of the Kornfeld, Import Administration, then to determine whether sales are final results of the next administrative International Trade Administration, made below cost of production. In this review. This notice serves as the final U.S. Department of Commerce, 14th review, we applied the below-cost test, reminder to importers of their Street and Constitution Avenue, NW., as described in the preliminary results responsibility under 19 CFR 353.26 to Washington, DC 20230, telephone: (202) of review, and found that within an file a certificate regarding the 482–3146. extended period of time, substantially reimbursement of antidumping duties SUPPLEMENTARY INFORMATION: Because it more than 80 percent of the home prior to liquidation of the relevant is not practicable to complete this market sales were sold at prices below entries during this review period. review within the original time limit, the COP, which would not permit the Failure to comply with this requirement the Department is extending the time recovery of all costs within a reasonable could result in the Secretary’s limits for the completion of the period of time. Since a substantial presumption that reimbursement of preliminary results until January 21, number of sales were made below cost antidumping duties occurred and the 1997 and of the final results until 120 we relied on constructed value (CV). subsequent assessment of double days after publication of the preliminary Since the remaining above-cost sale(s) antidumping duties. results of this review, in accordance in this review segment had no with section 751(a)(3)(A) of the Tariff This notice also serves as a reminder corresponding model matches, we also Act of 1930, as amended by the Uruguay to parties subject to administrative relied on CV where sale(s) were above- Round Agreements Act (URAA). (See protective order (APO) of their cost. Memorandum to the file from Jeffrey P. For these reasons, based on the responsibility concerning the Bialos to Robert S. LaRussa.) evidence on the record, we find that the disposition of proprietary information These extensions are in accordance New Zealand market does not represent disclosed under APO in accordance with section 751(a)(3)(A) of the Tariff a ‘‘particular market situation’’ within with 19 CFR 353.34(d). Timely written Act of 1930, as amended by the URAA the meaning of 19 U.S.C. notification or conversion to judicial (19 U.S.C. 1675(a)(3)(A)). 1677b(a)(1)(C)(iii). As a result, we protective order is hereby requested. Dated: August 28, 1996. reaffirm our preliminary determination Failure to comply with the regulations Jeffrey P. Bialos, on this issue. and the terms of the APO is a Principal Deputy Assistant Secretary for sanctionable violation. Final Results of Review Import Administration. This administrative review and notice [FR Doc. 96–22414 Filed 8–30–96; 8:45 am] As a result of comments received and are in accordance with section 751(a)(1) BILLING CODE 3510±DS±P programming errors corrected, we have of the Act (19 U.S.C. 1675(a)(1)) and 19 revised our preliminary results. CFR 353.22. [A±570±825] Dated: August 22, 1996. Manufacturer/exporter Margin (Percent) Robert S. La Russa, Sebacic Acid From the People's Republic of China; Preliminary Results Acting Assistant Secretary for Import New Zealand Kiwifruit Market- of Antidumping Duty Administrative Administration. ing Board ...... 2.81 Review [FR Doc. 96–22412 Filed 8–30–96; 8:45 am] The Customs Service shall assess BILLING CODE 3510±DS±M AGENCY: Import Administration, antidumping duties on all appropriate International Trade Administration, entries. Individual differences between Department of Commerce. Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46441

ACTION: Notice of Preliminary Results of of opportunity to request an financial records, and selection of Antidumping Duty Administrative administrative review of the original documentation containing Review of Sebacic Acid from the antidumping duty order on sebacic acid relevant information. Our verification People’s Republic of China. from the PRC covering the period July results are outlined in the public 13, 1994 through June 30, 1995. versions of the verification reports. SUMMARY: The Department of Commerce On July 26, 1995, in accordance with (the Department) is conducting an 19 CFR 353.22(a), Union Camp Separate Rates administrative review of the requested that we conduct an 1. Background and Summary of antidumping duty order on sebacic acid administrative review of Tianjin, Findings from the People’s Republic of China Guangdong, SICC, and Jiangsu. On July It is the Department’s standard policy (PRC) in response to requests from 28, 1996, Tianjin, Guangdong and SICC petitioner, Union Camp Corporation and to assign all exporters of the requested that we conduct an merchandise subject to review in non- three respondents: Tianjin Chemicals administrative review. We published a Import and Export Corporation market-economy countries a single rate, notice of initiation of this antidumping unless an exporter can demonstrate an (Tianjin), Guangdong Chemicals Import duty administrative review on and Export Corporation (Guangdong) absence of government control, both in September 15, 1995 (60 FR 47930). The law and in fact, with respect to exports. and Sinochem International Chemicals Department is conducting this Company, Ltd. (SICC). This review To establish whether an exporter is administrative review in accordance sufficiently independent of government covers four exporters of the subject with section 751 of the Act. merchandise, including the three control to be entitled to a separate rate, respondent companies above and Scope of Review the Department analyzes the exporter in Sinochem Jiangsu Import and Export The products covered by this order light of the criteria established in the Corporation (Jiangsu). The period of are all grades of sebacic acid, a Final Determination of Sales at Less review (POR) is July 13, 1994 through dicarboxylic acid with the formula Than Fair Value: Sparklers from the June 30, 1995. (CH2)8(COOH)2, which include but are People’s Republic of China (56 FR We have preliminarily determined not limited to CP Grade (500ppm 20588, May 6, 1991) (Sparklers), as that sales have been made below normal maximum ash, 25 maximum APHA amplified in the Final Determination of value (NV) during this period. If these color), Purified Grade (1000ppm Sales at Less Than Fair Value: Silicon preliminary results are adopted in our maximum ash, 50 maximum APHA Carbide from the People’s Republic of final results of administrative review, color), and Nylon Grade (500ppm China (59 FR 22585, May 2, 1994) we will instruct the U.S. Customs maximum ash, 70 maximum ICV color). (Silicon Carbide). Evidence supporting, Service to assess antidumping duties The principal difference between the though not requiring, a finding of de equal to the difference between United grades is the quantity of ash and color. jure absence of government control over States price (USP) and NV. Interested Sebacic acid contains a minimum of 85 export activities includes: (1) An parties are invited to comment on these percent dibasic acids of which the absence of restrictive stipulations preliminary results. predominant species is the C10 dibasic associated with an individual exporter’s business and export licenses; (2) any EFFECTIVE DATE: acid. Sebacic acid is sold generally as a September 3, 1996. legislative enactments decentralizing FOR FURTHER INFORMATION CONTACT: free-flowing powder/flake. Sebacic acid has numerous industrial control of companies; and (3) any other Elizabeth Patience or Jean Kemp, Import uses, including the production of nylon formal measures by the government Administration, International Trade 6/10 (a polymer used for paintbrush and decentralizing control of companies. Administration, U.S. Department of toothbrush bristles and paper machine Evidence relevant to a de facto absence Commerce, 14th and Constitution felts), plasticizers, esters, automotive of government control with respect to Avenue, NW., Washington, DC 20230; coolants, polyamides, polyester castings exports is based on four factors, whether telephone: (202) 482–3793. and films, inks and adhesives, the respondent: (1) Sets its own export Applicable Statute lubricants, and polyurethane castings prices independent from the government and other exporters; (2) can Unless otherwise indicated, all and coatings. Sebacic acid is currently classifiable retain the proceeds from its export sales; citations to the statute are references to (3) has the authority to negotiate and the provisions effective January 1, 1995, under subheading 2917.13.00.00 of the Harmonized Tariff Schedule of the sign contracts; and (4) has autonomy the effective date of the amendments from the government regarding the made to the Tariff Act of 1930 (the Act) United States (HTSUS). Although the HTSUS subheading is provided for selection of management. See Silicon by the Uruguay Round Agreements Act Carbide at 22587; see also Sparklers at (URAA). In addition, unless otherwise convenience and customs purposes, our written description of the scope of this 20589. indicated, all citations to the In our final determination of sales at Department’s regulations are to the proceeding remains dispositive. This review covers the period July 13, less than fair value, the Department current regulations, as amended by the 1994 through June 30, 1995, and four determined that there was de jure and interim regulations published in the exporters of Chinese sebacic acid. de facto absence of government control Federal Register on May 11, 1995 (60 and determined that each company FR 25130). Verification warranted a company-specific dumping SUPPLEMENTARY INFORMATION: We conducted verifications of the margin. See Final Determination of sales and factor information provided by Sales at Less Than Fair Value: Sebacic Background SICC and Tianjin Zhong He Chemical Acid From the People’s Republic of The Department published in the Plant (Zhong He) in Beijing and Tianjin, China, 59 FR 28053 (May 31, 1994) Federal Register an antidumping duty PRC. We conducted the verifications (Sebacic Acid). For this period of order on sebacic acid from the PRC on using standard verification procedures, review, SICC, Tianjin, and Guangdong July 14, 1994 (59 FR 35909). On July 3, including onsite inspection of the have responded to the Department’s 1995, the Department published in the manufacturer’s facilities, the request for information regarding Federal Register (60 FR 34511) a notice examination of relevant sales and separate rates. We have found that the 46442 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices evidence on the record is consistent The Department has treated the PRC possible, the publicly available with the final determination in the as an NME country in all previous published value which was: (1) An LTFV investigation and continues to antidumping cases. In accordance with average non-export value; (2) demonstrate an absence of government section 771(18)(C)(i) of the Act, any representative of a range of prices control, both in law and in fact, with determination that a foreign country is within the POR if submitted by an respect to their exports, in accordance a NME country shall remain in effect interested party, or most with the criteria identified in Sparklers until revoked by the administering contemporaneous with the POR; (3) and Silicon Carbide. For SICC, although authority. None of the parties to this product-specific; and (4) tax-exclusive. we applied the PRC, country-wide rate proceeding has contested such We chose values with a preference for to two sales reported by SICC, we have treatment in this review. Furthermore, prices representative of the POR because preliminarily determined that SICC is available information does not permit these prices more closely reflect the separate from government control and the calculation of NV using home prices paid for inputs in the surrogate Jiangsu. During verification of SICC, we market prices, third country prices or during the POR. Where we could not examined its business license and CV under section 773(a) of the Act. obtain a POR-representative price for an charter, government notices announcing Therefore, we treated the PRC as a NME input, we selected a value in accordance its separation from the government, its country for purposes of this review and with the remaining criteria mentioned tax registration certificate, company calculated NV by valuing the factors of above and which was closest in time to management election ballots, and production in a comparable market the POR. In accordance with this section financial statements. These documents economy country which is a significant methodology, we valued the factors of showed no evidence of government producer of comparable merchandise. In production as follows: control of SICC or of any affiliation such cases, the factors include, but are For castor oil, the Department valued between Jiangsu and SICC. not limited to: (1) Hours of labor this material at the market rate as required; (2) quantities of raw materials reported in The Economic Times 2. Separate Rate Determination for Non- employed; (3) amounts of energy and (Bombay) for Calcutta, Delhi, responsive Company other utilities consumed; and (4) Hyderabad, Kanpur, and Madras during For Jiangsu, which did not respond to representative capital cost, including the months of July, August, and the questionnaire, we preliminarily depreciation. November 1994. These values were determine that this company does not In accordance with section 773(c)(4) reported by counsel for the respondents. merit a separate rate. Although Jiangsu of the Act and section 353.52(b) of the The Department adjusted these values to met the Department’s criteria for Department’s regulations, we account for freight costs between the separate rates in the LTFV investigation, determined that India is comparable to supplier and the respondents’ sebacic because it failed to respond in this the PRC in terms of per capita gross acid manufacturing facilities. review, we have no information to national product (GNP), the growth rate For caustic soda, the Department used support continued application of a in per capita GNP, and the national the value reported in the publication separate rate. Therefore, because the distribution of labor. (See Memorandum Indian Chemical Weekly, using data Department assigns a single rate to from Director, Office of Policy, to from the months of October–December companies in a non-market economy Division Director, Office of 1994, and January and April, 1995. unless an exporter can demonstrate Antidumping Compliance, dated March These reported values were adjusted to absence of government control, we 4, 1996.) The statute directs us to select include freight expense incurred from preliminarily determine that Jiangsu is a country that is comparable the suppliers to the respondents’ sebacic subject to the country-wide rate for this economically to the PRC. Based on the acid manufacturing facilities. case. list of possible surrogate countries, we For cresol, also referred to as orthol find that India is a comparable economy cresol, respondents reported the market United States Price to the PRC. value as indicated in Chemical Weekly. For SICC, Tianjin, and Guangdong, The statute also requires that, to the Respondents provided information the Department based USP on export extent possible, the Department use a concerning prices during the months of price (EP), in accordance with section surrogate country that is a significant October and November, 1994. The 772(a) of the Act. We made deductions producer of merchandise comparable to Department reviewed pricing from EP, where appropriate, for foreign sebacic acid. The countries that we were information for other months of the POR inland freight, ocean freight, brokerage able to confirm still produce sebacic which indicated that the market prices and handling, and marine insurance. acid, such as Japan and the United reported by respondents is We valued these adjustments using States, do not have economies representative of the market price of the surrogate data based on Indian internal comparable to the PRC. However, we material for the entire POR. freight costs and international shipping found that India was a significant The valuation of activated carbon, costs. We selected India as the surrogate producer of comparable merchandise which is interchangeable with country for the reasons explained in the (e.g., oxalic acid) during the POR. macropore resin, was based upon ‘‘Normal Value’’ section of this notice. Though sebacic acid and oxalic acid information found in the publication have different end uses, both are India’s Imports by Commodities- Normal Value dicarboxylic acids. In addition, many of Countries (Monthly Statistics of the Section 773(c)(1) of the Act provides the inputs used to produce sebacic acid Foreign Trade of India (IMF). This that the Department shall determine the are also used to produce oxalic acid. pricing information reflects the average normal value (NV) using a factors-of- Therefore, we find that India fulfills unit price for the period April–October, production methodology if: (1) The both requirements of the statute. 1994. This average unit value was merchandise is exported from an NME For purposes of calculating NV, we adjusted to account for inland freight country; and (2) the information does valued PRC factors of production, in expense. not permit the calculation of NV using accordance with section 773(c)(1) of the The market value for sodium chloride home-market prices, third-country Act. In determining which surrogate (also referred to as sodium chlorite or prices, or constructed value under value to use for valuing each factor of vacuum salt) and zinc oxide was based section 773(a) of the Act. production, we selected, where upon the published market prices Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46443 reported in Chemical Weekly. For the value of export packing Therefore, as by-products, we subtracted Respondents provided information (plastic bags), the Department used the the sales revenue of fatty acid and concerning the market price of sodium value of imports into India during April glycerine from the production costs of chloride on December 27, 1994 and 1994–February 1995 and for April 1995, sebacic acid. This treatment of by- March 28, 1995, and of zinc oxide on as obtained from the Indian Import products is consistent with generally March 28, 1995. The Department Statistics, for HTS number 3923.21. accepted accounting principles. (See reviewed other dates throughout the For foreign inland freight, the Cost Accounting: A Managerial POR and determined that the market Department relied upon the trucking Emphasis (1991) at pages 539–544). prices published on these dates were freight rates reported to the Department To value caproyl alcohol, we used representative of the prices for the entire in an August 1993 embassy cable from publicly available published POR. India, pursuant to the less-than-fair- information from Chemical Weekly. For direct labor, we used 1994 data value investigation of certain helical Consistent with the methodology from Investing, Licensing & Trading spring lock washers from the PRC. This employed in the final determination in Conditions Abroad, India, published in is the same information we used in the the less-than-fair-value investigation, we November 1994 by the Economist sebacic acid less-than-fair-value have determined that caproyl alcohol is Intelligence Unit. We then adjusted the investigation. We adjusted these rates to a co-product. Therefore, we have 1994 labor value to the POR to reflect the POR to reflect inflation. allocated the factor inputs, based on the inflation using wholesale price indices For ocean freight, the Department relative quantity of output of this (WPI) of India as published in the used the information provided by product and sebacic acid. Additionally, International Financial Statistics by the respondents, which is based upon the we have used the production times International Monetary Fund (IMF). common rates tariff filed by Nippon necessary to complete each production For factory overhead, we used Yusen Kaisha with the Federal Maritime stage of sebacic acid as a basis for information obtained from the April Commission for rates from China to allocating the amount of labor, energy 1995 Reserve Bank of India Bulletin. New York. usage, and factory overhead among the From ‘‘Statement 1—Combined Income, To calculate the expense for marine products. This treatment of co-products Value of Production, Expenditure and insurance, the Department used is consistent with generally accepted Appropriation Accounts, Industry information from a publicly accounting principles. (See Cost Group-wise’’ of that report for the summarized version of the Accounting: A Managerial Emphasis Indian metals and chemicals industries, questionnaire response for the (1991) at pages 528–533). investigation of sales of less than fair we summed those components which Margin Calculation pertain to overhead expenses and value of sulphur dyes from India. The divided them by the sum of those marine insurance rate reported in the For SICC, at verification we found components pertaining to the cost of public version of the October 8, 1992 that certain sales reported as SICC sales manufacturing to calculate an overhead response was adjusted to reflect marine were in fact sales by another respondent rate of 10.74 percent. insurance charges during the POR. company, Jiangsu, (See Memorandum To value fatty acid, we used publicly from Analyst to File: Verification of For coal we used prices published in available published information from Sales Questionnaire Response of the Gazette of India for June 1994; for the Monthly Statistics of the Foreign Sinochem International Chemicals electricity we used information obtained Trade of India (Monthly Statistics) and Company, dated August 26, 1996.) from the Current Energy Scene in India adjusted the value to account for Therefore, for these sales, we applied for July 1995. inflation between the time period the rate applicable to Jiangsu’s sales, For selling, general, and applicable to the value in question and 243.40 percent, and then weighted these administrative (SG&A) expenses, we the POR using wholesale price indices sales into the overall calculation of used information from the same source (WPI) published in International SICC’s margin. (See Memorandum from as was used for factory overhead. We Financial Statistics (IFS) by the IMF. To Edward Yang, Office Director for AD/ summed the values which comprised value glycerine, we used a value for CVD Enforcement to Joseph Spetrini, the components of SG&A and divided crude glycerine in the publication Deputy Assistant Secretary for AD/CVD that figure by the same cost of Monthly Statistics of the Foreign Trade Enforcement: Appropriate Rate for manufacturing figure used to determine of India and adjusted the value to Certain Sales Reported by Sinochem factory overhead, to arrive at an SG&A account for inflation between the time International Chemical Corporation, rate of 17.99 percent. period applicable to the value in First Administrative Review of the For the calculation of profit, we used question and the POR using WPI Antidumping Duty Order on Sebacic information from the same Reserve Bank published in IFS by the IMF. Consistent Acid from the People’s Republic of of India Bulletin. We divided the with the methodology employed in the China, dated August 27). reported before-tax profit by the sum of final determination in the less-than-fair- those components pertaining to the cost value investigation, we have determined Preliminary Results of Review of manufacturing plus SG&A to that fatty acid and glycerine are by- We preliminarily determine that the calculate a profit rate of 5.71 percent. products. See Sebacic Acid at 28056. following dumping margins exist:

Margin Manufacturer/exporter Time period (percent)

Tianjin Chemicals I/E Corp ...... 7/13/94±6/30/95 ...... 35.42 Guangdong Chemicals I/E Corp ...... 7/13/94±6/30/95 ...... 14.06 Sinochem International Chemicals Corp ...... 7/13/94±6/30/95 ...... 70.55 Country-Wide Rate ...... 7/13/94±6/30/95 ...... 243.40 46444 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

Parties to the proceeding may request subsequent assessment of double —FIPS 70–1, Representation of Geographic disclosure within 5 days of the date of antidumping duties. Point Locations for Information publication of this notice. Any This administrative review and notice Interchange (ANSI X3.61–1986) interested party may request a hearing —FIPS 75, Guideline on Constructing are in accordance with section 751(a)(1) Benchmarks for ADP System Acquisitions within 10 days of publication. Any of the Act (19 U.S.C. 1675(a)(1)) and —FIPS 76, Guideline for Planning and Using hearing, if requested, will be held 44 section 353.22 of the Department’s a Data Dictionary System days after the publication of this notice, regulations. —FIPS 77, Guideline for Planning and or the first workday thereafter. Dated: August 26, 1996. Management of Database Applications Interested parties may submit written —FIPS 86, Additional Controls for Use with Robert S. LaRussa, comments (case briefs) within 30 days American National Standard Code for of the date of publication of this notice. Acting Assistant Secretary for Import Information Interchange (ANSI X3.64– Administration. Rebuttal comments (rebuttal briefs), 1979/R1990) —FIPS 88, Guideline on Integrity Assurance which must be limited to issues raised [FR Doc. 96–22413 Filed 8–30–96; 8:45 am] BILLING CODE 3510±DS±P and Control in Database Administration in the case briefs, may be filed not later —FIPS 94, Guideline on Electrical Power for than 37 days after the date of ADP Installations publication. The Department will National Institute of Standards and —FIPS 96, Guideline for Developing and publish a notice of final results of this Implementing a Charging System for Data administrative review, which will Technology Processing Services include the results of its analysis of [Docket No. 960726208±6208±01] —FIPS 99, Guideline: A Framework for the issues raised in any such comments, Evaluation and Comparison of Software within 180 days of publication of these RIN 0693±XX21 Development Tools —FIPS 103, Codes for the Identification of preliminary results. Proposed Withdrawal of Thirty-two Hydrologic Units in the United States and The Department shall determine, and Federal Information Processing the Caribbean Outlying Areas (USGS/ the Customs Service shall assess, Standards (FIPS) Publications CIRCULAR #878–A & ANSI X3.145–1986) antidumping duties on all appropriate —FIPS 104–1, ANS Codes for the entries. Individual differences between AGENCY: National Institute of Standards Representation of Names of Countries, USP and NV may vary from the and Technology (NIST), Commerce. Dependencies, and Areas of Special Sovereignty for Information Interchange percentages stated above. The ACTION: Notice; Request for comments. Department will issue appraisement —FIPS 109, Pascal (ANSI/IEEE 770X3.97– 1983/R1990) instructions directly to the Customs SUMMARY: The following Federal —FIPS 110, Guideline for Choosing a Data Service. Information Processing Standards (FIPS) Management Approach Furthermore, the following cash Publications are proposed for —FIPS 123, Specification for a Data deposit requirements will be effective withdrawal from the FIPS series: Descriptive File for Information upon publication of the final results of —FIPS 1–2, Code for Information Interchange (DDF) (ANSI/ISO 8211–1985/ this administrative review for all Interchange, Its Representations, Subsets, R1992) shipments of the subject merchandise and Extension (ANSI X3.4–1986/R1992, —FIPS 124, Guideline on Functional entered, or withdrawn from warehouse, X3.32–1990, X3.41–1990) Specifications for Database Management for consumption on or after the —FIPS 11–3, Guideline: American National Systems publication date, as provided for by Dictionary for Information Systems (ANSI —FIPS 126, Database Language NDL (ANSI section 751(a)(1) of the Act: (1) the cash X3.172–1990 & X3.172A–1992) X3.133–1986) —FIPS 16–1, Bit Sequencing of Code for —FIPS 152, Standard Generalized Markup deposit rates for the reviewed Language (SGML) (ISO 8879–1986) companies named above which have Information Interchange in Serial-By-Bit Data Transmission (ANSI X3.15–1976/ —FIPS 156, Information Resource Dictionary separate rates (SICC, Tianjin and System (IRDS) (ANSI X3.138– Guangdong) will be the rates for those R1983&R1990) FIPS 17–1, Character Structure and Character 1988&X3.138A–1991) —FIPS 157, Guideline for Quality Control of firms established in the final results of Parity Sense for Serial-By-Bit Data Image Scanners (ANSI/AIIM MS44–1988) this administrative review; (2) for all Communication in the Code for —FIPS 158–1, The User Interface Component other PRC exporters, the cash deposit Information Interchange (ANSI X3.16– of the Applications Portability Profile (MIT rates will be 243.40 percent; and (3) the 1976/R1983&R1990) X Version 11, Release 5) cash deposit rates for non-PRC exporters —FIPS 19–2, Catalog of Widely Used Code of subject merchandise from the PRC Sets Many of these FIPS adopt voluntary will be the rates applicable to the PRC —FIPS 22–1, Synchronous Signaling Rates industry standards for Federal supplier of that exporter. These deposit Between Data Terminal and Data government use, but the FIPS rates, when imposed, shall remain in Communication Equipment (ANSI X3.1– documents have not been updated to 1976) reference current or revised voluntary effect until publication of the final —FIPS 34, Guide for the Use of International results of the next administrative System of Units (SI) in Federal Information industry standards. In some cases, review. Processing Standards Publications commercial products implementing the voluntary industry standards, such as Notification of Interested Parties —FIPS 49, Guideline on Computer Performance Management: An Introduction the American National Code for This notice also serves as a —FIPS 57, Guidelines for the Measurement Information Interchange, are widely preliminary reminder to importers of of Interactive Computer Service Response available. In other cases, the industry their responsibility under 19 CFR Time and Turnaround Time specifications have not been 353.26 to file a certificate regarding the —FIPS 58–1, Representations of Local Time implemented in commercial off-the- reimbursement of antidumping duties of the Day for Information Interchange shelf products. As a result, it is no prior to liquidation of the relevant (ANSI X3.43–1986) —FIPS 59, Representations of Universal longer necessary for the government to entries during this review period. Time, Local Time Differentials, and United mandate standards in these areas. Failure to comply with this requirement States Time Zone References for Others of these FIPS provide advisory could result in the Secretary’s Information Interchange (ANSI X3.51– guidance to Federal agencies with no presumption that reimbursement of 1975) requirements for compulsory and antidumping duties occurred and the —FIPS 68–2, BASIC (ANSI X3.113–1987) binding use. They explain and Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46445 recommend practices in the the Central Reference and Records Election of Officers between 8:00–8:30 management and selection of systems. Inspection Facility, Room 6020, Herbert a.m. From 8:30 a.m. until 5:00 p.m., the The earliest of these guidelines is nearly C. Hoover Building, 14th Street between Demersal Species Committee will meet twenty years old, and the most recent Pennsylvania and Constitution with the ASMFC Summer Flounder, guideline is ten years old. Information Avenues, NW, Washington, DC 20230. Scup, and Black Sea Bass Board as a technology has changed considerably FOR FURTHER INFORMATION CONTACT: Ms. Council Committee of the Whole. On since they were issued during the era of Shirley M. Radack, telephone (301) 975– September 18, the Demersal Species centralized computing on mainframe 2833, National Institute of Standards Committee with the ASMFC Summer computers. Today, Federal and Technology, Gaithersburg, MD Flounder, Scup, and Black Sea Bass organizations use a wide variety of 20899. Board will meet again until noon. The hardware, software, distributed systems, Authority: Federal Information Processing full Council will meet from 1:00–4:00 and networks, and there are many Standards Publications (FIPS PUBS) are p.m. The Enforcement Committee will sources of information on all aspects of issued by the National Institute of Standards meet from 4:00–5:00 p.m. On September managing these resources. and Technology after approval by the 19, the Council will meet from 8:00 a.m. NIST believes that it would not be Secretary of Commerce pursuant to Section until early afternoon. cost effective to revise these standards 5131 of the Information Technology The NMFS Northeast Regional and guidelines, thereby duplicating Management Reform Act of 1996 and the Administrator is seeking comment on a Computer Security Act of 1987, Public Law information that is broadly available 104–106. proposed experimental fishery for from a variety of sources. Withdrawal mahogany ocean quahogs in the Gulf of Dated: August 28, 1996. means that the FIPS standards and Maine. This experiment was jointly Samuel Kramer, guidelines will no longer be part of a requested by the Council and the State subscription service that is provided by Associate Director. of Maine to test the operational aspects the National Technical Information [FR Doc. 96–22404 Filed 8–30–96; 8:45 am] of a management program under Service, and that NIST will no longer be BILLING CODE 3510±CN±M consideration for this fishery. This able to revise or answer questions about experimental fishery will provide the FIPS. information on the logistical operation Current voluntary industry standards National Oceanic and Atmospheric of this management program prior to its Administration should be used by agencies in their adoption for implementation by the procurement actions where appropriate, [I.D. 082696A] Council. Written comments must be in accordance with OMB Circular A– received by this date. 119, Federal Participation and Use of Mid-Atlantic Fishery Management The purpose of this meeting is to Voluntary Industry Standards. NIST Council; Meetings decide the 1997 allowable catch, will continue to provide information AGENCY: National Marine Fisheries commercial quota, commercial about good information technology Service (NMFS), National Oceanic and management measures, and recreational practices through publications, Atmospheric Administration (NOAA), target harvest levels for summer electronic bulletin boards and Internet Commerce. flounder and scup; adopt the scup pages. ACTION: Notice of public meetings; regulatory amendment for Secretarial Prior to the submission of this request for comments. approval; consider enforceable proposed withdrawal to the Secretary of regulations for filleting at sea, and other Commerce for review and approval, it is SUMMARY: The Mid-Atlantic Fishery fishery management matters. essential to assure that consideration is Management Council (Council) and its Special Accommodations given to the needs and views of Demersal Species Committee, together manufacturers, the public, and State and with the Atlantic States Marine This meeting is physically accessible local governments. The purpose of this Fisheries Commission’s (ASMFC) to people with disabilities. Requests for notice is to solicit such views. Summer Flounder, Scup, and Black Sea sign language interpretation or other Interested parties may obtain copies Bass Board, and the Law Enforcement auxiliary aids should be directed to of these standards and guidelines from Committee will hold a public meeting. Joanna Davis at least 5 days prior to the the National Technical Information There will also be opportunity for meeting dates. Service, U.S. Department of Commerce, Council to hear comments on the Maine Dated: August 26, 1996. Springfield, VA 22161, telephone (703) mahogany ocean quahog experimental Gary C. Matlock, 487–4650. fishery. Director, Office of Sustainable Fisheries, DATE: Comments on this proposed DATES: The meetings will be held on National Marine Fisheries Service. withdrawal of these FIPS must be September 17–19, 1996. See [FR Doc. 96–22321 Filed 8–30–96; 8:45 am] received on or before December 2, 1996. SUPPLEMENTARY INFORMATION for specific BILLING CODE 3510±22±F ADDRESSES: Written comments dates and times. concerning the withdrawal should be ADDRESSES: The meetings will be held at sent to: Director, Computer Systems the Doubletree Guest Suites, 4101 Island [I.D. 082796C] Laboratory, ATTN: Proposed Avenue, Philadelphia, PA; telephone: Withdrawal of 32 FIPS, Technology (215) 365–6600. Endangered Species; Permits Council Address: Mid-Atlantic Building, Room A–231, National AGENCY: National Marine Fisheries Fishery Management Council, 300 S. Institute of Standards and Technology, Service (NMFS), National Oceanic and New Street, Dover, DE 19901; telephone: Gaithersburg, MD 20899. Electronic Atmospheric Administration (NOAA), (302) 674–2331. comments should be sent to: Commerce. [email protected]. FOR FURTHER INFORMATION CONTACT: ACTION: Issuance of modification 2 to Comments received in response to David R. Keifer, Executive Director; permit 921 (P503P) and notification of this notice will be made part of the telephone: (302) 674–2331. withdrawal of an application for a public record and will be made SUPPLEMENTARY INFORMATION: On permit (P510C). available for inspection and copying in September 17, the Council will hold 46446 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

SUMMARY: Notice is hereby given that spring/summer chinook salmon from the date of this notice to file NMFS has issued a modification to a (Oncorhynchus tshawytscha) associated written objections along with permit that authorizes takes of an with a study designed to determine the supporting evidence, if any. Written Endangered Species Act-listed species distribution and abundance of bull trout objections are to be filed with the Office for the purpose of scientific research/ (Salvelinus confluentus) in the Herd of Naval Research, ONR 00CC, Ballston enhancement, subject to certain Creek watershed of the East Fork Tower One, Arlington, Virginia 22217– conditions set forth therein, to the Idaho Salmon River and Burnt Creek of the 5660. Department of Fish and Game at Boise, Pahsimeroi River. NMFS has received FOR FURTHER INFORMATION CONTACT: ID (IDFG) and has received a notification that SBT would like to Mr. R. J. Erickson, Staff Patent Attorney, notification of withdrawal of an withdraw their request for an incidental Office of Naval Research, ONR 00CC, application for an incidental take permit take permit. SBT now believe that their Ballston Tower One, 800 North Quincy from the Shoshone-Bannock Tribes at sampling in the East Fork Salmon River Street, Arlington, Virginia 22217–5660, Fort Hall, ID (SBT). drainage will not result in a take of ESA- telephone (703) 696–4001. listed salmon because no chinook ADDRESSES: The applications and Dated: August 22, 1996. related documents are available for salmon redds or parr were observed recently in the areas where SBT propose D. E. Koenig, review in the following offices, by LCDR, JAGC, USN, Federal Register Liaison appointment: to conduct their research. Furthermore, SBT will survey their chosen research Officer. Office of Protected Resources, F/PR8, [FR Doc. 96–22271 Filed 8–30–96; 8:45 am] NMFS, 1315 East-West Highway, Silver sites by snorkeling prior to sampling to BILLING CODE 3810±FF±M Spring, MD 20910–3226 (301-713-1401); confirm the absence of ESA-listed fish. and Issuance of the permit modification, Environmental and Technical as required by the ESA, was based on DEPARTMENT OF EDUCATION Services Division, 525 NE Oregon a finding that such action: (1) Was requested in good faith, (2) will not Street, Suite 500, Portland, OR 97232– Notice of Proposed Information 4169 (503–230–5400). operate to the disadvantage of the ESA- listed species that is the subject of the Collection Requests SUPPLEMENTARY INFORMATION: The permit, and (3) is consistent with the AGENCY: Department of Education. modification to a permit was issued purposes and policies set forth in under the authority of section 10 of the ACTION: Proposed collection; comment section 2 of the ESA and the NMFS request. Endangered Species Act of 1973 (ESA) regulations governing ESA-listed (16 U.S.C. 1531–1543) and the NMFS species permits. SUMMARY: The Director, Information regulations governing ESA-listed fish Resources Group, invites comments on and wildlife permits (50 CFR parts 217– Dated: August 27, 1996. the proposed information collection 222). Robert C. Ziobro, requests as required by the Paperwork An application was submitted by Acting Chief, Endangered Species Division, Reduction Act of 1995. IDFG (P503P) for modification 2 to Office of Protected Resources, National scientific research/enhancement permit Marine Fisheries Service. DATES: Interested persons are invited to 921. Modification 2 to permit 921 was [FR Doc. 96–22322 Filed 8–30–96; 8:45 am] submit comments on or before issued to IDFG on August 2, 1996. BILLING CODE 3510±22±F November 4, 1996. Permit 921 authorizes IDFG annual ADDRESSES: Written comments and takes of adult and juvenile, threatened, requests for copies of the proposed Snake River spring/summer chinook DEPARTMENT OF DEFENSE information collection requests should salmon (Oncorhynchus tshawytscha) be addressed to Patrick J. Sherrill, associated with a supplementation Department of the Navy Department of Education, 600 program at McCall Hatchery. For Independence Avenue, S.W., Room Notice of Prospective Exclusive or Modification 2, IDFG is authorized to 5624, Regional Office Building 3, Partially Exclusive License(s); Davis allow a proportion of the adult, ESA- Washington, DC 20202–4651. Liquid Crystals, Inc. and listed, natural-origin fish that are FOR FURTHER INFORMATION CONTACT: Thermographic Measurements released upstream of IDFG’s weir at the Patrick J. Sherrill (202) 708–8196. Incorporated South Fork of the Salmon River each Individuals who use a year for natural spawning to migrate SUMMARY: Davis Liquid Crystals, Inc. has telecommunications device for the deaf volitionally to their respective spawning applied for an exclusive license to (TDD) may call the Federal Information locations. IDFG may transport the practice the Government-owned Relay Service (FIRS) at 1–800–877–8339 remaining adult, ESA-listed, natural- invention described in U.S. Patent No. between 8 a.m. and 8 p.m., Eastern time, origin fish to be released for natural 5,480,482 entitled ‘‘Reversible Monday through Friday. spawning to Stolle Meadows. Thermochromic Pigments’’ issued SUPPLEMENTARY INFORMATION: Section Previously, NMFS had required IDFG to January 2, 1996, and Thermographic 3506 of the Paperwork Reduction Act of transport all of the adult, ESA-listed, Measurements Incorporated has also 1995 (44 U.S.C. Chapter 35) requires natural-origin fish to be released for applied for an exclusive license to that the Office of Management and natural spawning to Stolle Meadows. practice the same invention. The Budget (OMB) provide interested Modification 2 is valid for the duration Department of the Navy is considering Federal agencies and the public an early of the permit. Permit 921 expires on the granting to either one or both of opportunity to comment on information December 31, 1998. these entities of revocable, collection requests. OMB may amend or Notice was published on June 20, nonassignable, exclusive or partially waive the requirement for public 1996 (61 FR 31510) that an application exclusive license(s) to practice this consultation to the extent that public had been filed by SBT (P510C) for an invention in the United States. participation in the approval process incidental take permit. SBT requested a Anyone wishing to object to the would defeat the purpose of the 5-year permit for an annual incidental granting of licenses to either or both of information collection, violate State or take of juvenile, threatened, Snake River these prospective licensees has 60 days Federal law, or substantially interfere Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46447 with any agency’s ability to perform its Notice of Proposed Information burden. OMB invites public comment at statutory obligations. The Director of the Collection Requests the address specified above. Copies of Information Resources Group publishes the requests are available from Patrick J. this notice containing proposed AGENCY: Department of Education. Sherrill at the address specified above. ACTION: Submission for OMB review; information collection requests prior to Dated: August 27, 1996. comment request. submission of these requests to OMB. Gloria Parker, Each proposed information collection, SUMMARY: The Director, Information Director, Information Resources Group. grouped by office, contains the Resources Group, invites comments on following: (1) Type of review requested, Office of the Under Secretary the proposed information collection e.g., new, revision, extension, existing requests as required by the Paperwork Type of Review: New. or reinstatement; (2) Title; (3) Summary Reduction Act of 1995. Title: Survey of State Correctional of the collection; (4) Description of the Education. need for, and proposed use of, the DATES: Interested persons are invited to submit comments on or before October Frequency: One-time. information; (5) Respondents and Affected Public: State, local or Tribal 3, 1996. frequency of collection; and (6) Government, SEAs or LEAs. Reporting and/or Recordkeeping ADDRESSES: Written comments should Reporting and Recordkeeping Hour burden. OMB invites public comment at be addressed to the Office of Burden: the address specified above. Copies of Information and Regulatory Affairs, Responses: 51. the requests are available from Patrick J. Attention: Wendy Taylor, Desk Officer, Burden Hours: 510. Sherrill at the address specified above. Department of Education, Office of Abstract: This survey is part of the Management and Budget, 725 17th The Department of Education is Evaluation of State Correctional Street, NW., Room 10235, New especially interested in public comment Education that the Department of Executive Office Building, Washington, addressing the following issues: (1) Is Education is conducting to be able to DC 20503. Requests for copies of the this collection necessary to the proper provide federal and state policymakers proposed information collection functions of the Department, (2) will with information about which requests should be addressed to Patrick this information be processed and used approaches to correctional education are J. Sherrill, Department of Education, 600 in a timely manner, (3) is the estimate associated with the most positive Independence Avenue, S.W., Room of burden accurate, (4) how might the outcomes. 5624, Regional Office Building 3, Department enhance the quality, utility, Washington, DC 20202–4651. Office of Postsecondary Education and clarity of the information to be Type of Review: Reinstatement. collected, and (5) how might the FOR FURTHER INFORMATION CONTACT: Title: Performance Report for the Department minimize the burden of this Patrick J. Sherrill (202) 708–8196. Robert C. Byrd Honors Scholarship collection on the respondents, including Individuals who use a telecommunications device for the deaf Program. through the use of information Frequency: Annually. technology. (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 Affected Public: Individuals or Dated: August 27, 1996. between 8 a.m. and 8 p.m., Eastern time, households; State, local or Tribal Gov’t, Gloria Parker, Monday through Friday. SEAs or LEAs. Annual Reporting and Recordkeeping Director, Information Resources Group. SUPPLEMENTARY INFORMATION: Section Hour Burden: 3506 of the Paperwork Reduction Act of Office of Educational Research and Responses: 59. 1995 (44 U. S. C. Chapter 35) requires Improvement Burden Hours: 148. that the Office of Management and Abstract: This performance report is Type of Review: Reinstatement. Budget (OMB) provide interested used by State educational agencies that Federal agencies and the public an early Title: Application for Grants Under have participated in the Robert C. Byrd opportunity to comment on information the Library Services and Construction Honors Scholarship Program. The U.S. collection requests. OMB may amend or Act, Titles I, II and III. Department of Education uses the waive the requirement for public information collected to assess the Frequency: Annually. consultation to the extent that public accomplishments of project goals and Affected Public: Not-for-profit participation in the approval process objectives and to aid in effective institutions; State, local or Tribal Gov’t, would defeat the purpose of the management. SEAs or LEAs. information collection, violate State or Federal law, or substantially interfere [FR Doc. 96–22276 Filed 8–30–96; 8:45 am] Reporting Burden and Recordkeeping: with any agency’s ability to perform its BILLING CODE 4000±01±U Responses: 55. statutory obligations. The Director of the Burden Hours: 2,475. Information Resources Group publishes President's Board of Advisors on Abstract: The Office of Library this notice containing proposed information collection requests prior to Historically Black Colleges and Programs needs the information to know Universities; Meeting how the respondents plan to use the submission of these requests to OMB. funds. The information is used to Each proposed information collection, AGENCY: President’s Board of Advisors determine compliance with matching, grouped by office, contains the on Historically Black Colleges and four separate maintenance-of-effort following: (1) Type of review requested, Universities, Department of Education. requirements, and use of funds for e.g., new, revision, extension, existing ACTION: Notice of meeting. allowable activities. The respondents or reinstatement; (2) Title; (3) Summary SUMMARY: are State Library Administrative of the collection; (4) Description of the This notice sets forth the Agencies. need for, and proposed use of, the schedule and agenda of the meeting of information; (5) Respondents and the President’s Board of Advisors on [FR Doc. 96–22277 Filed 8–30–96; 8:45 am] frequency of collection; and (6) Historically Black Colleges and BILLING CODE 4000±01±U Reporting and/or Recordkeeping Universities. This notice also describes 46448 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices the functions of the Board. Notice of this ADDRESSES: Cavanaugh’s, 1101 Department of Energy Richland meeting is required under Section Columbia Center Boulevard, Operations Office, P.O. Box 550, 10(a)(2) of the Federal Advisory Kennewick, Washington. Richland, WA 99352, or by calling him Committee Act. FOR FURTHER INFORMATION CONTACT: Jon at (509) 376–9628. DATE AND TIME: September 23, 1996 from Yerxa, Public Participation Coordinator, Issued at Washington, DC on August 27, 9 a.m. to 11 a.m. Department of Energy Richland 1996. ADDRESS: The meeting will be held at Operations Office, P.O. Box 550, Rachel M. Samuel, the Park Hyatt Hotel located at 1201 Richland, WA, 99352. Acting Deputy Advisory Committee 24th Street NW, Washington, DC. SUPPLEMENTARY INFORMATION: Management Officer. FOR FURTHER INFORMATION, CONTACT: [FR Doc. 96–22397 Filed 8–30–96; 8:45 am] Purpose of the Board: The purpose of Amy Billingsley, White House Initiative BILLING CODE 6450±01±P on Historically Black Colleges and the Board is to make recommendations Universities, U.S. Department of to DOE and in the areas of Education, 600 Independence Avenue, environmental restoration, waste Environmental Management Site- SW, the Portals Building, Suite 605, management, and related activities. Specific Advisory Board, Rocky Flats Washington, DC 20202–5120. Tentative Agenda AGENCY: Department of Energy. Telephone: (202) 708–8667. September Meeting Topics ACTION: Notice of open meeting. SUPPLEMENTARY INFORMATION: The President’s Board of Advisors on The Hanford Advisory Board will SUMMARY: Pursuant to the provisions of Historically Black Colleges and receive information on and discuss the Federal Advisory Committee Act Universities was established under issues related to: Introduction of Fluor (Public Law 92–463, 86 Stat. 770) notice Executive order 12876 of November 1, Daniels Hanford Company, DOE Ten- is hereby given of the following 1993. The Board is established to advise Year Plan and Strategic Issues, Vadose Advisory Committee meeting: on the financial stability of Historically Zone Data Gathering, Proposed Use of Environmental Management Site- Black Colleges and Universities, to issue Effluent Treatment Facility, and Specific Advisory Board (EM SSAB), an annual report to the President on Proposed Comments on Tri-Party Rocky Flats. HBCU participation in Federal Agreement M–33 (Milestone 33). The DATES: Thursday, September 5, 1996, programs, and to advise the Secretary of Board will also receive updates from 6:00 pm–9:30 pm. various Subcommittees, including Education on increasing the private ADDRESSES: Westminster City Hall, 4800 updates on: the Hanford Technology sector role in strengthening HBCUs. West 92nd Avenue, Westminster, CO Development Center, National Equity The meeting of the Board is open to 80030 (lower level Multi-Purpose Dialogue, Plutonium Roundtable, the public. The meeting will be Room). Community Relations Plan, primarily devoted to the adoption of the FOR FURTHER INFORMATION CONTACT: Environmental Management Science Ken Board’s Annual Report and Korkia, Board/Staff Coordinator, EM Recommendations. Program, and the status of the Board’s Request for Proposal for Administrative SSAB-Rocky Flats, 9035 North Records are kept of all Board Wadsworth Parkway, Suite 2250, procedures, and are available for public Management and Facilitation Contract. Public Participation: The meeting is Westminster, CO 80021, phone: (303) inspection at the White House Initiative 420–7855, fax: (303) 420–7579. on Historically Black Colleges and open to the public. Written statements Universities located at 1250 Maryland may be filed with the Committee either SUPPLEMENTARY INFORMATION: before or after the meeting. Individuals Avenue, S.W., The Portals Building, Purpose of the Board: The purpose of who wish to make oral statements Suite 605, Washington, DC 20202, from the Board is to make recommendations pertaining to agenda items should the hours of 8:30 a.m. to 5:00 p.m. to DOE and in the areas of contact Jon Yerxa’s office at the address David A. Longanecker, environmental restoration, waste or telephone number listed above. Assistant Secretary for Postsecondary management, and related activities. Education. Requests must be received 5 days prior Tentative Agenda [FR Doc. 96–22416 Filed 8–30–96; 8:45 am] to the meeting and reasonable provision will be made to include the presentation BILLING CODE 4000±01±M (1) Presentation from an expert panel in the agenda. The Designated Federal that is reviewing past studies of the Official is empowered to conduct the movement of plutonium in the soil meeting in a fashion that will facilitate DEPARTMENT OF ENERGY around Rocky Flats. This evaluation the orderly conduct of business. Each will lead to a set of recommendations Environmental Management Site- individual wishing to make public for future research in this area. This Specific Advisory Board, Hanford Site comment will be provided a maximum review was prompted by research data of 5 minutes to present their comments. collected in May of 1995 which AGENCY: Department of Energy. This notice is being published less than indicated that plutonium was moving in ACTION: Notice of open meeting. 15 days before the date of the meeting areas on-site where it was thought to due to programmatic issues that had to have been immobile. SUMMARY: Pursuant to the provisions of be resolved. (2) Presentation on Kaiser-Hill’s Fiscal the Federal Advisory Committee Act Minutes: The minutes of this meeting Year 1997 Performance Measures. (Public Law 92–463, 86 Stat. 770) notice will be available for public review and (3) Plans to complete work on a set of is hereby given of the following copying at the Freedom of Information principles that the agencies should use Advisory Committee meeting: Public Reading Room, 1E–190, Forrestal to guide environmental cleanup plans at Environmental Management Site- Building, 1000 Independence Avenue, Rocky Flats. Specific Advisory Board (EM SSAB), SW, Washington, DC 20585 between 9 (4) Discussion of current options for Hanford Site. a.m. and 4 p.m., Monday–Friday, except privatizing work at Rocky Flats. DATES: Friday, September 6, 1996: 8:30 Federal holidays. Minutes will also be Public Participation: The meeting is a.m.–4:00 p.m. available by writing to Jon Yerxa, open to the public. Written statements Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46449 may be filed with the Committee either FOR FURTHER INFORMATION CONTACT: Environmental Management Site- before or after the meeting. Individuals Sandy Perkins, Site-Specific Advisory Specific Advisory Board, Fernald who wish to make oral statements Board Coordinator, Department of pertaining to agenda items should Energy Oak Ridge Operations Office, AGENCY: Department of Energy. contact Ken Korkia at the address or 105 Broadway, Oak Ridge, TN 37830, ACTION: Notice of open meeting. telephone number listed above. (423) 576–1590. Requests must be received 5 days prior SUMMARY: Pursuant to the provisions of to the meeting and reasonable provision SUPPLEMENTARY INFORMATION: the Federal Advisory Committee Act (Public Law 92–463, 86 Stat. 770) notice will be made to include the presentation Purpose of the Board: The purpose of in the agenda. The Designated Federal is hereby given of the following the Board is to make recommendations Advisory Committee meeting: Official is empowered to conduct the to DOE in the areas of environmental meeting in a fashion that will facilitate Environmental Management Site- restoration, waste management, and Specific Advisory Board (EM SSAB), the orderly conduct of business. Each related activities. individual wishing to make public Fernald. comment will be provided a maximum Tentative Agenda DATES: Saturday, September 28, 8:30 of 5 minutes to present their comments. am—12:30 pm (public comment session, This notice is being published less than September Meeting Topics 12:15 pm—12:30 pm). 15 days in advance of the meeting due This meeting will be a business ADDRESSES: The Alpha Building, 10967 to programmatic issues that needed to meeting with no technical presentations Hamilton Cleves Highway, Harrison, be resolved. planned. The Board will be working on Ohio. Minutes: The minutes of this meeting the 1996 Self Evaluation and it’s Annual FOR FURTHER INFORMATION CONTACT: John will be available for public review and Report. S. Applegate, Chair of the Fernald copying at the Freedom of Information Citizens Task Force, P.O. Box 544, Ross, Public Reading Room, 1E–190, Forrestal Public Participation: The meeting is open to the public. Written statements Ohio 45061, or call the Fernald Citizens Building, 1000 Independence Avenue, Task Force office (513) 648–6478. SW, Washington, DC 20585 between may be filed with the Committee either 9:00 a.m. and 4 p.m., Monday–Friday, before or after the meeting. Individuals SUPPLEMENTARY INFORMATION: except Federal holidays. Minutes will who wish to make oral statements Purpose of the Board: The purpose of also be available at the Public Reading pertaining to agenda items should the Board is to make recommendations Room located at the Board’s office at contact Sandy Perkins at the address or to DOE and in the areas of future use, 9035 North Wadsworth Parkway, Suite telephone number listed above. cleanup levels, waste disposition and 2250, Westminster, CO 80021; Requests must be received 5 days prior cleanup priorities at the Fernald site. telephone (303) 420–7855. Hours of to the meeting and reasonable provision operation for the Public Reading Room will be made to include the presentation Tentative Agenda are 9:00 am and 4:00 pm on Monday in the agenda. The Designated Federal 8:30 am Call to Order through Friday. Minutes will also be Official is empowered to conduct the 8:30–8:45 Chair’s Remarks and New made available by writing or calling Deb meeting in a fashion that will facilitate Business Thompson at the Board’s office address the orderly conduct of business. Each 8:45–9:15 Committee Chairs’ Reports or telephone number listed above. individual wishing to make public 9:15–9:25 Report on FERMCO/Labor comment will be provided a maximum Issued at Washington, DC, on August 27, Initiatives 1996. of 5 minutes to present their comments. 9:25–9:35 Report on Progress Toward Rachel M. Samuel, Minutes: The minutes of this meeting Task Force Recommendations Acting Deputy Advisory Committee will be available for public review and 9:35–9:50 Site Development Map for Management Officer. copying at the Freedom of Information the Community Reuse Organization [FR Doc. 96–22399 Filed 8–30–96; 8:45 am] Public Reading Room, 1E–190, Forrestal 9:50–10:15 Overview of Contaminant Screening Process BILLING CODE 6450±01±P Building, 1000 Independence Avenue, SW, Washington, DC 20585 between 10:15–10:30 Break 9:00 a.m. and 4 p.m., Monday–Friday, 10:30–11:15 Review of Comments of Environmental Management Site- except Federal holidays. Minutes will the Integrated Environmental Specific Advisory Board, Oak Ridge also be available at the Department of Monitoring Plan Reservation Energy’s Information Resource Center at 11:15–12:00 Discuss Proposed 105 Broadway, Oak Ridge, TN between Changes to Silo 3 Recommendation AGENCY: Department of Energy. 8:30 am and 5:00 pm on Monday, 12:00–12:15 Task Force Planning ACTION: Notice of open meeting. Wednesday, and Friday; 8:30 am and Issues 7:00 pm on Tuesday and Thursday; and 12:15–12:30 Opportunity for Public SUMMARY: Pursuant to the provisions of 9:00 am and 1:00 pm on Saturday, or by Input the Federal Advisory Committee Act writing to Sandy Perkins, Department of 12:30 pm Adjourn (Public Law 92–463, 86 Stat. 770) notice Energy Oak Ridge Operations Office, A final agenda will be available at the is hereby given of the following 105 Broadway, Oak Ridge, TN 37830, or meeting, Saturday, September 28, 1996. Advisory Committee meeting: by calling her at (423) 576–1590. Public Participation: The meeting is Environmental Management Site- open to the public. Written statements Issued at Washington, DC on August 27, Specific Advisory Board (EM SSAB), may be filed with the Board chair either 1996. Oak Ridge Reservation. before or after the meeting. Individuals DATES: Wednesday, September 11, 6:00 Rachel M. Samuel, who wish to make oral statements pm–9:00 pm. Acting Deputy Advisory Committee pertaining to agenda items should ADDRESSES: Oak Ridge Inn (formerly Management Officer. contact the Board chair at the address or Holiday Inn), 420 South Illinois [FR Doc. 96–22400 Filed 8–30–96; 8:45 am] telephone number listed above. Avenue, Oak Ridge, Tennessee. BILLING CODE 6450±01±P Requests must be received 5 days prior 46450 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices to the meeting and reasonable provision Tentative Agenda Fourth Revised Sheet No. 120 will be made to include the presentation Fourth Revised Sheet No. 121 Monday, October 7, 1996 and Tuesday, in the agenda. The Deputy Designated Fourth Revised Sheet No. 153 October 8, 1996 Federal Officer, Gary Stegner, Public ANR states that the above-referenced Affairs Officer, Ohio Field Office, U.S. Discussion of Department of Energy tariff sheets are being filed pursuant to Department of Energy, is empowered to High Energy Physics Programs and FY the Commission’s August 5, 1996 conduct the meeting in a fashion that 1997 Budget ‘‘Order on Rehearing and Clarification, will facilitate the orderly conduct of Discussion of National Science and Accepting Compliance Filing business. Each individual wishing to Foundation Elementary Particle Subject to Conditions’’ in the captioned make public comment will be provided Physics Programs and FY 1997 Budget proceeding. The revised tariff sheets Discussion of the Status of the Large a maximum of 5 minutes to present address directed changes to ANR’s tariff Hadron Collider Project and U.S. their comments. provisions regarding the segmentation Participation Minutes: The minutes of this meeting Discussion of the Brookhaven High of capacity. Any person desiring to protest this will be available for public review and Energy Physics Program copying at the Freedom of Information Discussion of the Snowmass Workshop filing should file a protest with the Public Reading Room, 1E–190, Forrestal on New Directions for High Energy Federal Energy Regulatory Commission, Building, 1000 Independence Avenue, Physics 888 First Street, NE. Washington, D.C. SW, Washington, DC 20585 between Discussion of University-based High 02426, in accordance with 18 CFR 9:00 a.m. and 4:00 p.m., Monday– Energy Physics Programs 385.211 of the Commission’s Rules and Friday, except Federal holidays. Reports on and Discussions of Topics of Regulations. All such protests must be Minutes will also be available by General Interest in High Energy filed in accordance with Section writing to John S. Applegate, Chair, the Physics 154.210 of the Commission’s Fernald Citizens Task Force, P.O. Box Public Comment (10 minute rule) Regulations. Protests will be considered 544, Ross, Ohio 45061 or by calling the Public Participation: The two-day by the Commission in determining the Task Force message line at (513) 648– meeting is open to the public. The appropriate action to be taken, but will 6478. Chairperson of the Panel is empowered not serve to make protestants parties to to conduct the meeting in a fashion that the proceeding. Copies of this filing are Issued at Washington, DC on August 27, on file with the Commission and are 1996. will, in his judgment, facilitate the orderly conduct of business. Any available for public inspection in the Rachel M. Samuel, Public Reference Room. Acting Deputy Advisory Committee member of the public who wishes to Lois D. Cashell, Management Officer. make oral statements pertaining to Secretary. [FR Doc. 96–22401 Filed 8–30–96; 8:45 am] agenda items should contact the Executive Secretary at the address or [FR Doc. 96–22299 Filed 8–30–96; 8:45 am] BILLING CODE 6450±01±P telephone number listed above. BILLING CODE 6717±01±M Requests must be received at least 5 Office of Energy Research days prior to the meeting and reasonable provision will be made to include the [Docket No. TM97±1±67±000] High Energy Physics Advisory Panel; presentation on the agenda. Canyon Creek Compression Company; Minutes: Available for public review Notice of Open Meeting Notice of Proposed Changes In FERC and copying at the Public Reading Gas Tariff AGENCY: Department of Energy. Room, Room 1E–190, Forrestal Building, 1000 Independence Avenue, August 27, 1996. ACTION: Notice of open meeting. S.W., Washington, D.C. between 9:00 Take notice that on August 23, 1996, a.m. and 4:00 p.m., Monday through SUMMARY: Pursuant to the provisions of Canyon Creek Compression Company Friday, except Federal holidays. the Federal Advisory Committee Act (Canyon) tendered for filing as part of its (Public Law 92–463, 86 Stat. 770), Issued at Washington, D.C. on August 28, FERC Gas Tariff, Third Revised Volume notice is given of a meeting of the High 1996. No. 1, Fourth Revised Sheet No. 6, to be Energy Physics Advisory Panel. Rachel M. Samuel, effective October 1, 1996. Acting Deputy Advisory Committee Canyon states that the purpose of the DATES: Monday, October 7, 1996; 9:00 Management Officer. filing is to implement the Annual a.m. to 6:00 p.m.; and Tuesday, October [FR Doc. 96–22396 Filed 8–30–96; 8:45 am] Charges Adjustment (ACA) charge 8, 1996; 9:00 a.m. to 4:00 p.m. BILLING CODE 6450±01±P necessary for Canyon to recover from its ADDRESSES: Brookhaven National customers annual charges assessed it by Laboratory, Berkner Hall, Upton, New the Federal Energy Regulatory York 11973. Federal Energy Regulatory Commission (Commission) pursuant to Commission Part 382 of the Commission’s FURTHER INFORMATION CONTACT: Dr. Regulations. The rate authorized by the [Docket No. RP95±182±007] Robert Diebold, Executive Secretary, Commission to be effective October 1, High Energy Physics Advisory Panel, ANR Pipeline Company; Notice of 1996 is $.00203 per Mcf. Under U.S. Department of Energy, ER–22, Proposed Changes in FERC Gas Tariff Canyon’s billing basis, this rate converts GTN, Germantown, Maryland 20874, to $.0019 per MMBtu. Telephone: (301) 903–5490. August 27, 1996. Canyon states that a copy of the filing SUPPLEMENTARY INFORMATION: Take notice that on August 20, 1996, is being mailed to Canyon’s ANR Pipeline Company (ANR) tendered jurisdictional customers and interested Purpose of the Meeting: To provide for filing as part of its FERC Gas Tariff, state regulatory agencies. advice and guidance on a continuing Second Revised Volume No. 1, the Any person desiring to be heard or to basis with respect to the high energy following tariff sheets, to become protest said filing should file a motion physics research program. effective September 1, 1996: to intervene or a protest with the Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46451

Federal Energy Regulatory Commission, Natural Gas Act (18 CFR 157.205 and [Docket No. RP96±344±000] 888 First Street, NE., Washington, DC 157.212) for authorization to construct a 20426, in accordance with Sections new tap and appurtenant facilities to East Tennessee Gas Transmission 385.214 and 385.211 of the serve as a new delivery point to Hope Company; Notice of Cashout Report Commission’s Rules and Regulations. Gas, Inc. (Hope) in Monongalia County, August 27, 1996. All such motions or protests must be WV, under CNG’s blanket certificate Take notice that on August 22, 1996, filed as provided in Section 154.210 of issued in Docket No. CP82–537–000, East Tennessee Gas Transmission the Commission’s Regulations. Protests pursuant to Section 7(c) of the Natural Company (East Tennessee) tendered for will be considered by the Commission Gas Act, all as more fully set forth in the filing its cashout report for the in determining the appropriate action to request which is on file with the November 1994 through October 1995 be taken, but will not serve to make Commission and open to public period. protestants parties to the proceeding. inspection. East Tennessee states that the cashout Any person wishing to become a party CNG states that Hope, a local report reflects a total cashout loss must file a motion to intervene. Copies distribution company in West Virginia during this period of $28,822. of this filing are on file with the and an affiliate of CNG, needs the new East Tennessee states that copies of Commission and are available for public delivery point in order to provide the filing have been mailed to all inspection in the public reference room. affected parties and state commissions. natural gas services to Swanson Plating Lois D. Cashell, Any person desiring to be heard or to Co., Inc., ViTech Enterprises, Inc., and protest this filing should file a motion Secretary. Morgantown Construction Group, Inc. [FR Doc. 96–22289 Filed 8–30–96; 8:45 am] to intervene or protest this filing should (Customer Group) in Monongalia file a motion to intervene or protest with BILLING CODE 6717±01±M County, West Virginia. CNG relates that the Federal Energy Regulatory it will transport quantities of natural gas Commission, Washington, D.C. 20426, [Docket No. RP96±81±000] to Hope destined for the Customer in accordance with 18 CFR 385.214 and Group under existing certificated 385.211 of the Commission’s Rules and Carnegie Interstate Pipeline Company; transportation arrangements with Hope. Regulations. All such motions or Notice of Informal Settlement CNG says it has sufficient system protests must be filed on or before Conference delivery capacity to deliver these September 3, 1996. Protests will be quantities, without disadvantaging its considered by the Commission in August 27, 1996. existing customers. Take notice that an informal determining the appropriate action to be settlement conference will be convened CNG explains that is will construct a taken, but will not serve to make in this proceeding on September 5, two-inch ‘‘hot’’ tap and valve on its TL– protestants parties to the proceeding. 1996, at 10:00 a.m., at the offices of the 323 pipeline. Hope will be installing a Any person wishing to become a party Federal Energy Regulatory Commission, new meter and regulator (M&R) within must file a motion to intervene. Copies 888 First Street, N.E., Washington, DC, a 20-foot by 20-foot fenced area, which of this filing are on file with the for the purposes of exploring the is within CNG’s existing TL–323 right- Commission and are available for public possible settlement of the referenced of-way, and approximately 7,675 feet of inspection in the Public Reference docket. 3-inch connecting line to the Customer Room. Any party, as defined by 18 CFR Group. CNG indicates the maximum Lois D. Cashell, 385.102(c) or any participant, as defined design capacity of the 2-inch tap and Secretary. by 18 CFR 385.102(b) is invited to M&R is 960 Mcf per day. CNG states that [FR Doc. 96–22293 Filed 8–30–96; 8:45 am] attend. Persons wishing to become a the total cost of CNG’s construction will BILLING CODE 6717±01±M party must move to intervene and be fully reimbursed by Hope. receive intervenor status pursuant to the Any person or the Commission’s staff [Docket No. MT96±24±000] Commission’s regulations (18 CFR may, within 45 days after issuance of 385.214). the instant notice by the Commission, El Paso Natural Gas Company; Notice For additional information, contact file pursuant to Rule 214 of the of Proposed Changes in FERC Gas Kathleen Dias at (202) 208–0524 or Commission’s Procedural Rules (18 CFR Tariff Lorna Hadlock at (202) 208–0737. 385.214) a motion to intervene or notice August 27, 1996. Lois D. Cashell, of intervention and pursuant to Section Take notice that on August 21, 1996, Secretary. 157.205 of the Regulations under the El Paso Natural Gas Company (El Paso) [FR Doc. 96–22297 Filed 8–30–96; 8:45 am] Natural Gas Act (18 CFR 157.205) a tendered for filing to become part of its BILLING CODE 6717±01±M protest to the request. If no protest is FERC Gas Tariff, Second Revised filed within the time allowed therefor, Volume No. 1–A, the following tariff [Docket No. CP96±734±000] the proposed activity shall be deemed to sheets, to become effective September be authorized effective the day after the 20, 1996: CNG Transmission Corporation; Notice time allowed for filing a protest. If a of Request Under Blanket protest is filed and not withdrawn First Revised Sheet No. 200 within 30 days after the time allowed Second Revised Sheet No. 293 Authorization Third Revised Sheet No. 357 for filing a protest, the instant request August 27, 1996. shall be treated as an application for Additionally, El Paso states that it Take notice that on August 21, 1996, authorization pursuant to Section 7 of tendered for filing and acceptance a CNG Transmission Corporation (CNG), the Natural Gas Act. revised Statement on Standards of 445 West Main Street, Clarksburg, West Conduct (Statement) pursuant to Lois D. Cashell, Virginia 26301, filed in Docket No. Section 161.3(i) of the Commission’s CP96–734–000, a request pursuant to Secretary. Regulations. Sections 157.205 and 157.212 of the [FR Doc. 96–22312 Filed 8–30–96; 8:45 am] El Paso states that its revised Commission’s Regulations under the BILLING CODE 6717±01±M Statement on Standards of Conduct and 46452 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices the tendered tariff sheets identify El for seasonal periods, changing effective Any person desiring to be heard or to Paso Energy Marketing Company, each April 1 (for the Summer Period) protest said filing should file a motion Cornerstone Natural Gas, Inc., and El and each October 1 (for the Winter to intervene or protest with the Federal Paso Gas Marketing Company as Period). Energy Regulatory Commission, 888 marketing affiliates of El Paso. El Paso FGT states that it is filing to establish First Street, NE, Washington, DC, 20426, also reports that it has revised its tariff an FRCP of 3.06% to become effective in accordance with Sections 385.211 to state that it no longer shares operating October 1, 1996 based on the actual and 385.214 of the Commission’s Rules facilities with its marketing affiliates. company fuel use, lost and unaccounted and Regulations. All such motions or Any person desiring to be heard or to for volumes, and Market Area Deliveries protests must be filed as provided in protest said filing should file a motion for the period from October 1, 1995 Section 154.210 of the Commission’s to intervene or protest with the Federal through March 31, 1996. FGT states that Regulations. Protests will be considered Energy Regulatory Commission, 888 it is also filing to establish the Initial by the Commission in determining the First Street, N.E., Washington, D.C. Winter Period UFS pursuant to Section appropriate action to be taken; but will 20426, in accordance with Sections 27.D of the GTC to be effective October not serve to make protestants parties to 385.214 and 385.211 of the 1, 1996. The proposed Initial Winter the proceeding. Any person wishing to Commission’s Rules and Regulations. Period Unit Fuel Surcharge is calculated become a party must file a motion to All such motions or protests must be to be <$0.0087> per MMBtu. intervene. Copies of this filing are on filed as provided in Section 154.210 of Any person desiring to be heard or to file with the Commission and are the Commission’s Regulations. Protests protest said filing should file a motion available for pubic inspection in the will be considered by the Commission to intervene or protest with the Federal Public Reference Room. in determining the appropriate action to Energy Regulatory Commission, 888 Lois D. Cashell, be taken, but will not serve to make First Street, NE, Washington, DC 20426 Secretary. protestants parties to the proceeding. in accordance with Sections 385.211 [FR Doc. 96–22319 Filed 8–30–96; 8:45 am] Any person wishing to become a party and 385.214 of the Commission’s Rules BILLING CODE 6717±01±M must file a motion to intervene. Copies and Regulations. All such motions or of this filing are on file with the protests must be filed as provided in Commission and are available for public Section 154.210 of the Commission’s [Docket No. TM97±1±46±000] inspection in the Public Reference Regulations. Protests will be considered Kentucky West Virginia Gas Company, Room. by the Commission in determining the L.L.C.; Notice of Proposed Changes in appropriate action to be taken, but will Lois D. Cashell, FERC Gas Tariff Secretary. not serve to make protestants parties to [FR Doc. 96–22305 Filed 8–30–96; 8:45 am] the proceeding. Any person wishing to August 27, 1996. BILLING CODE 6717±01±M become a party must file a motion to Take notice that on August 23, 1996, intervene. Copies of this filing are on Kentucky West Virginia Gas Company, file with the Commission and are L.L.C. (Kentucky West), tendered for [Docket No. TM97±2±34±000] available for public inspection in the filing to become part of its FERC Gas Public Reference Room. Florida Gas Transmission Company; Tariff, Third Revised Volume No. 1, the Lois D. Cashell, Notice of Proposed Changes In FERC following tariff sheets to be effective Gas Tariff Secretary. October 1, 1996: [FR Doc. 96–22308 Filed 8–30–96; 8:45 am] Second Revised Sheet No. 4 August 27, 1996. BILLING CODE 6717±01±M Second Revised Sheet No. 5 Take notice that on August 22, 1996, Fifth Revised Sheet No. 163 Florida Gas Transmission Company [Docket No. TM97±1±34±000] Pursuant to Order No. 472, the (FGT) tendered for filing to become part Commission has authorized pipeline of its FERC Gas Tariff, Third Revised Florida Gas Transmission Company; companies to track and pass through to Volume No. 1, effective October 1, 1996, Notice of Proposed Changes in FERC their customers their annual charges the following tariff sheets: Gas Tariff under an Annual Charge Adjustment Seventeenth Revised Sheet No. 8A (ACA) clause. The 1996 ACA unit Tenth Revised Sheet No. 8A.01 August 27, 1996. surcharge approved by the Commission Ninth Revised Sheet No. 8A.02 Take notice that on August 21, 1996, is $.0020 per Mcf. Kentucky West has Fifteenth Revised Sheet No. 8B Florida Gas Transmission Company converted this Mcf rate to a dekatherm Eighth Revised Sheet No. 8B.01 (FGT) tendered for filing as part of its (Dth) rate of $.0016 per Dth. FGT states that Section 27 of the FERC Gas Tariff, Third Revised Volume Kentucky West states that a copy of its General Terms and Conditions (GTC) of No. 1, the following tariff sheets to filing has been served upon its FGT’s Tariff provides for the recovery become effective August 1, 1996. customers and interested state by FGT of gas used in the operation of Sixteenth Revised Sheet No. 8A commissions. its system and gas lost from the system Ninth Revised Sheet No. 8A.01 Any person desiring to be heard or to or otherwise unaccounted for. The fuel Eighth Revised Sheet No. 8A.02 protest this filing should file a motion reimbursement charges pursuant to Fourteenth Revised Sheet No. 8B to intervene or protest with the Federal Section 27 consist of the Fuel Seventh Revised Sheet No. 8B.01 Energy Regulatory Commission, 888 Reimbursement Charge Percentage FGT states that the above referenced First Street, N.E., Washington, D.C. (FRCP), designed to recover current fuel tariff sheets are being filed pursuant to 20426, in accordance with Sections usage on an in-kind basis, and the Unit Section 22 of the General Terms and 385.211 and 385.214 of the Fuel Surcharge (UFS), designed to Conditions (‘‘GTC’’) of FGT’s Tariff to Commission’s Rules and Regulations. recover or refund previous under or reflect a decrease of the ACA charge to All such motions or protests must be overcollections on a cash basis. Both the 0.22¢ per MMBtu based on the filed as provided in Section 154.210 of FRCP and the UFS are applicable to Commission’s Annual Charge Billing for the Commission’s Regulations. Protests Market Area deliveries and are effective Fiscal Year 1996. will be considered by the Commission Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46453 in determining the appropriate action to No. 1, the following tariff sheet, with an for its price differential GSRC and June be taken, but will not serve to make effective date of April 12, 1996: 30, 1996 for its buyout/buydown GSRC, Protestants parties to the proceeding. 2nd Sub First Revised Sheet No. 1408 both as approved for recovery in Docket Any person wishing to become a party No. RP96–890. Personnel changes and a must file a motion to intervene. Copies Koch states that the purpose of this company-wide restructuring of MRT’s of this filing are on file with the filing is to correct a section reference operations is the reason for failure to file Commission and are available for public which incorrectly references a section to remove its GSRC prior to the inspection in the Public Reference which was deleted in Koch’s August 7, conclusion of its permitted recovery Room. 1996 compliance filing. periods. Koch states that copies of the filing Lois D. Cashell, MRT further states it discovered this will be served upon all parties on the oversight in time to remove all GSRC for Secretary. official service list created by the [FR Doc. 96–22314 Filed 8–30–96; 8:45 am] its customers’ July, 1996 invoices, and Secretary in this proceeding. any overcollection of the Price BILLING CODE 6717±01±M Any person desiring to protest this Differential GSRC that MRT has filing should file a protest with the collected will be credited or refunded to [Docket No. RP96±296±002] Federal Energy Regulatory Commission, customers, with interest, when MRT 888 First Street, NE., Washington, DC makes its next Price Differential GSRC K N Interstate Gas Transmission 20426, in accordance with Section recovery filing, with a proposed Company; Notice of Compliance Filing 385.211 of the Commission’s rules and effective date of October 1, 1996. regulations. All such protests must be MRT states that copies of its filing August 27, 1996. filed as provided by Section 154.210 of have been mailed to all of its affected Take notice that on August 22, 1996, the Commission’s Regulations. Protests customers and State Commissions of K N Interstate Gas Transmission will be considered by the Commission Arkansas, Missouri, Illinois and Company (K N Interstate) tendered for in determining the appropriate action to Louisiana. filing to become part of its FERC Gas be taken, but will not serve to make Any person desiring to be heard or Tariff, Third Revised Volume No. 1–B, protestants parties to the proceeding. protest the subject filing should file a Second Substitute Original Sheet No. Copies of this filing are on file with the motion to intervene or protest with the 86, in compliance with the Commission and are available for public Federal Energy Regulatory Commission, Commission’s July 31, 1996 order in the inspection in the Public Reference 888 First Street, NE, Washington, D.C. above-referenced proceeding. K N Room. 20426, in accordance with Sections Interstate proposes an effective date of Lois D. Cashell, 385.211 and CFR 385.211 and 385.214. August 1, 1996. Secretary. All such motions and protests must be K N Interstate states that copies of the filed as provided in Section 154.210 of filing have been served upon each [FR Doc. 96–22315 Filed 8–30–96; 8:45 am] BILLING CODE 6717±01±M the Commission’s Regulations. Protests person designated on the official service will be considered by the Commission list compiled by the Secretary in this in determining appropriate action to be proceeding. [Docket No. RP96±343±000] taken, but will not serve to make Any person desiring to protest this protestants parties to the proceeding. filing should file a protest with the Mississippi River Transmission Any person wishing to become a party Federal Energy Regulatory Commission, Corporation; Notice of Proposed must file a motion to intervene. Copies 888 First Street, N.E., Washington, D.C. Changes in FERC Gas Tariff of this filing are on file with the 20426, in accordance with Section Commission and are available for public 385.211 of the Commission’s Rules and August 27, 1996. inspection. Regulations. All such protests must be Take notice that on August 22, 1996, filed as provided in Section 154.210 of Mississippi River Transmission Lois D. Cashell, the Commission’s Regulations. Protests Corporation (MRT) tendered for filing to Secretary. will be considered by the Commission become part of its FERC Gas Tariff, [FR Doc. 96–22294 Filed 8–30–96; 8:45 am] in determining the appropriate action to Third Revised Volume No. 1, the BILLING CODE 6717±01±M be taken, but will not serve to make following tariff sheets to be effective July 1, 1996: protestants parties to the proceeding. [Docket No. MT96±23±000] Copies of this filing are on file with the Seventeenth Revised Sheet No. 5 Commission and are available for public Seventeenth Revised Sheet No. 6 Mojave Pipeline Company; Notice of inspection in the Public Reference Fourteenth Revised Sheet No. 7 Proposed Changes in FERC Gas Tariff Room. MRT states that the purpose of this August 27, 1996. Lois D. Cashell, filing is to adjust its rates to reflect the Take notice that on August 19, 1996, Secretary. removal of its Gas Supply Realignment Mojave Pipeline Company (Mojave) Costs (GSRC) included in MRT’s GSRC [FR Doc. 96–22295 Filed 8–30–96; 8:45 am] tendered for filing to become part of its Reservation Surcharges and that portion BILLING CODE 6717±01±M FERC Gas Tariff, First Revised Volume of the GSRC included in the volumetric No. 1, the following tariff sheets, to rates charged to MRT’s ITS customers. become effective September 18, 1996: [Docket No. RP96±172±003] MRT collects such GSRC pursuant to Section 16.3 of the General Terms and First Revised Sheet No. 128 Koch Gateway Pipeline Company; Original Sheet No. 128A Notice of Compliance Filing Conditions of its FERC Gas Tariff, Third Revised Volume No. 1, and the Base Additionally, Mojave states that it August 27, 1996. Stipulation and Agreement approved by tendered for filing and acceptance a Take notice that on August 22, 1996, the Federal Energy Regulatory Statement on Standards of Conduct Koch Gateway Pipeline Company Commission in Docket Nos. RP93–4, (‘‘Statement’’) pursuant to Section (Koch) tendered for filing as part of its RP94–68 and RP94–190. MRT’s current 161.3(i) of the Commission’s FERC GAS Tariff, Fifth Revised Volume recovery period expired March 31, 1996 Regulations. 46454 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

Mojave states that copies of the filing 385.214 and 385.211 of the inspection in the Public Reference were served upon all of Mojave’s Commission’s Rules and Regulations. Room. interstate pipeline system transportation All such motions or protests must be Lois D. Cashell, customers and interested state filed as provided in Section 154.210 of Secretary. regulatory commissions. the Commission’s Regulations. Protests [FR Doc. 96–22313 Filed 8–30–96; 8:45 am] Any person desiring to be heard or to will be considered by the Commission BILLING CODE 6717±01±M protest said filing should file a motion in determining the appropriate action to to intervene or protest with the Federal be taken, but will not serve to make Energy Regulatory Commission, 888 protestants parties to the proceeding. [Docket No. MT96±26±000] First Street, N.E., Washington, D.C. Any person wishing to become a party 20426, in accordance with Sections must file a motion to intervene. Copies Overthrust Pipeline Company; Notice 385.214 and 385.211 of the of this filing are on file with the of Tariff Filing Commission’s Rules and Regulations. Commission and are available for public August 27, 1996. All such motions or protests must be inspection in the public reference room. Take notice that on August 21, 1996, filed as provided in Section 154.210 of Lois D. Cashell, the Commission’s Regulations. Protests Overthrust Pipeline Company, tendered Secretary. for filing to become part of its FERC Gas will be considered by the Commission [FR Doc. 96–22290 Filed 8–30–96; 8:45 am] in determining the appropriate action to Tariff, First Revised Volume No. 1–A, BILLING CODE 6717±01±M be taken, but will not serve to make Second Revised Sheet No. 76 and Third protestants parties to the proceeding. Revised Sheet No. 77, to be effective Any person wishing to become a party September 21, 1996. The proposed tariff must file a motion to intervene. Copies [Docket No. TM97±1±100±000] sheets update § 28, Affiliate-Related of this filing are on file with the Information, as required by 18 CFR Nora Transmission Company; Notice Commission and are available for public 250.16 (b)(1). of Proposed Changes in FERC Gas inspection in the Public Reference Overthrust states that a copy of this Tariff Room. filing has been served upon its customers and the Wyoming Public Lois D. Cashell, August 27, 1996. Service Commission. Secretary. Take notice that on August 23, 1996, Any person desiring to be heard or to [FR Doc. 96–22306 Filed 8–30–96; 8:45 am] Nora Transmission Company (Nora) protest said filing should file a motion BILLING CODE 6717±01±M tendered for filing to become part of its to intervene or protest with the Federal FERC Gas Tariff, First Revised Volume Energy Regulatory Commission, 888 No. 1, the following tariff sheets to be [Docket No. TM97±1±26±000] First Street, N.E., Washington, D.C. effective October 1, 1996. 20426, in accordance with Rules Natural Gas Pipeline Company of Second Revised Sheet No. 4 385.211 and 385.214 of the America; Notice of Proposed Changes Third Revised Sheet No. 163 Commission’s Rules of Practice and in FERC Gas Tariff Pursuant to Order No. 472, the Procedure (18 CFR 385.211 and Commission has authorized pipeline 385.214). All such motions or protests August 27, 1996. must be filed as provided in Section Take notice that on August 23, 1996, companies to track and pass through to their customers their annual charges 154.210 of the Commission’s Natural Gas Pipeline Company of Regulations. Protests will be considered America (Natural) tendered for filing as under an Annual Charge Adjustment (ACA) clause. The 1996 ACA unit by the Commission in determining the part of its FERC Gas Tariff, Sixth appropriate action to be taken, but will Revised Volume No. 1, Fifth Revised surcharge approved by the Commission is $.0020 per Mcf. Nora has converted not serve to make protestants parties to Sheet No. 26, to be effective October the proceeding. Copies of this filing are 1,1996. this Mcf rate to a dekatherm (Dth) rate of $.0019 per Dth. on file with the Commission and are Natural states that the purpose of the avaialble for public inspection. filing is to implement the Annual Nora states that a copy of its filing has Lois D. Cashell, Charges Adjustment (ACA) charge been served upon its customers and necessary for Natural to recover from its interested state commissions. Secretary. customers annual charges assessed to Any person desiring to be heard or to [FR Doc. 96–22303 Filed 8–30–96; 8:45 am] Natural by the Federal Energy protest this filing should file a motion BILLING CODE 6717±01±M Regulatory Commission (Commission) to intervene or protest with the Federal Energy Regulatory Commission, 888 pursuant to Part 382 of the [Docket No. RP96±189±000] Commission’s Regulations. The rate First Street, N.E., Washington, D.C. authorized by the Commission to be 20426, in accordance with Section Ozark Gas Transmission System; effective October 1, 1996 is $.0023 per 385.211 and 385.214 of the Notice of Informal Settlement Mcf. Under Natural’s billing basis, this Commission’s Rules and Regulations. Conference rate converts to $.0020 per MMBtu. All such motions or protests must be Natural states that a copy of the filing filed as provided in Section 154.210 of August 27, 1996. is being mailed to Natural’s the Commission’s Regulations. Protests Take notice that an informal jurisdictional customer and interested will be considered by the Commission settlement conference will be convened state regulatory agencies. in determining the appropriate action to in this proceeding on Wednesday, Any person desiring to be heard or to be taken, but will not serve to make September 18, 1996, at 1 p.m., to be protest said filing should file a motion Protestants parties to the proceeding. continued if needed on Thursday, to intervene or a protest with the Any person wishing to become a party September 19, 1996, at 10 a.m. at the Federal Energy Regulatory Commission, must file a motion to intervene. Copies offices of the Federal Energy Regulatory 888 First Street, N.E., Washington, D.C. of this filing are on file with the Commission, 888 First Street, N.E., 20426, in accordance with Sections Commission and are available for public Washington, DC 20426 for the purpose Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46455 of exploring the possible settlement of (Douglas County PUD), filed an [Docket No. MT96±25±000] the above-referenced docket. application requesting Commission Any party, as defined by 18 CFR approval of contracts for the sale of Questar Pipeline Company; Notice of Tariff Filing 385.102(c), or any participant as defined power for the Wells Project No. 2149, by 18 CFR 385.102(b), is invited to for the approximately six years that the August 27, 1996. attend. Persons wishing to become a power sales contracts extend beyond the Take notice that on August 21, 1996, party must move to intervene and 2012 expiration date of the license. The Questar Pipeline Company (Questar) receive intervenor status pursuant to the project is located on the Columbia River tendered for filing to become part of its Commission’s regulations (18 CFR in Douglas, Chelan, and Okanogan FERC Gas Tariff, First Revised Volume 385.214). Counties, Washington. No. 1, Third Revised Sheet No. 96. The For additional information, please proposed tariff sheet updates § 24, contact Robert A. Young at (202) 208– Section 22 provides that contracts for Affiliate-Related Information, as 5705 or Michael D. Cotleur at (202) 208– the sale and delivery of power for required by 18 CFR 250.16(b)(1). 1076. periods extending beyond the Questar states that a copy of this filing termination date of a license may be Lois D. Cashell, has been served upon its customers, the entered into upon the joint approval of Secretary. Public Service Commission of Utah and [FR Doc. 96–22296 Filed 8–30–96; 8:45 am] the Commission and the appropriate the Wyoming Public Service BILLING CODE 6717±01±M state public service Commission or Commission. other similar authority in the state in Any person desiring to be heard or to which the sale or delivery of power is protest said filing should file a motion [Docket Nos. RP91±229±000 and RP92±166± made. Douglas County PUD states in its 000, et al.] to intervene or protest with the Federal application that Commission approval Energy Regulatory Commission, 888 Panhandle Eastern Pipe Line of the Wells Project power sales First Street, N.E., Washington, D.C. Company; Notice of Informal contracts is in the public interest 20426, in accordance with Rules Settlement Conference because the revenues from those 385.211 and 385.214 of the contracts have been pledged to secure Commission’s Rules of Practice and August 27, 1996. repayment of bonds (which expire when Procedure (18 CFR 385.211 and Take notice that an informal the power sales contracts expire) that 385.214). All such motions or protests settlement conference will be convened Douglas County PUD issued to finance must be filed as provided in Section in this proceeding on Tuesday, construction of the Wells Project and 154.210 of the Commission’s September 10, 1996, at 9:00 a.m. The that the contracts were essential to the Regulations. Protests will be considered settlement conference will be held at the development of the project. by the Commission in determining the offices of the Federal Energy Regulatory appropriate action to be taken, but will Commission, 888 First Street, N.E., Anyone may submit comments, a not serve to make protestants parties to Washington, DC, for the purpose of protest, or a motion to intervene in the proceeding. Copies of this filing are exploring the possible settlement of the accordance with the requirements of the on file with the Commission and are above-referenced dockets. Commission’s Rules of practice and available for public inspection. Any party, as defined by 18 CFR procedure, 18 CFR 385.210, 385.211, Lois D. Cashell, 385.102(c), or any participant as defined 385.214. In determining the appropriate Secretary. in 18 CFR 385.102(b), is invited to action to take, the Commission will [FR Doc. 96–22304 Filed 8–30–96; 8:45 am] attend. Persons wishing to become a consider all protests and other party must move to intervene and comments, but only those who file a BILLING CODE 6717±01±M receive intervenor status pursuant to the motion to intervene in accordance with Commission’s regulations (18 CFR the Commission’s rules may become a [Docket No. TM97±1±79±000] 385.214). party to the proceeding. Comments, For additional information, please protests, or motions to intervene must Sabine Pipe Line Company; Notice of contact Carmen Gastilo at (202) 208– be filed by October 3, 1996; must bear Proposed Changes in FERC Gas Tariff 2182 or Kathleen M. Dias (202) 208– in all capital letters the title 0524. August 27, 1996. ‘‘COMMENTS,’’ ‘‘PROTEST,’’ or Lois D. Cashell, Take notice that on August 21, 1996, ‘‘MOTION TO INTERVENE,’’ as Sabine Pipe Line Company (Sabine) Secretary. applicable, and ‘‘Project No. 2149–059.’’ tendered for filing the following [FR Doc. 96–22300 Filed 8–30–96; 8:45 am] Send the filings (original and 14 copies) proposed change to its FERC Gas Tariff, BILLING CODE 6717±01±M to: The Secretary, Federal Energy Second Revised Volume No. 1, to be Regulatory Commission, 888 First effective October 1, 1996: [Project No. 2149±059] Street, N.E., Washington, D.C. 20426. A Third Revised Sheet No. 20 copy of any filing must also be served Sabine states that the Commission has Public Utility District No. 1 of Douglas upon each representative of the licensee specified the Annual Charge County, Washington; Notice of specified in its application. Adjustment (ACA) unit charge of Application for Approval of Contracts Lois D. Cashell, for the Sale of Power for a Period $.0023111291/Mcf to be applied to rates Extending Beyond the Term of the Secretary. in 1996 for recovery of 1995 annual License [FR Doc. 96–22302 Filed 8–30–96; 8:45 am] charges. The ACA unit rate of BILLING CODE 6717±01±M $.0023111291/Mcf converts to $.0022/ August 27, 1996. MMBtu under Sabine’s basis for billing. On August 5, 1996, pursuant to Sabine states that copies of the filing Section 22 of the Federal Power Act, 16 were served upon Sabine’s customers, U.S.C. 815, Public Utility District No. 1 the State of Louisiana, Department of of Douglas County, Washington Natural Resources, Office of 46456 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

Conservation and the Railroad 20426, in accordance with Rule 211 of 20426, in accordance with Rules 211 Commission of Texas. the Commission’s Rules of Practice and and 214 of the Commission’s Rules of Any person desiring to be heard or to Procedures (18 CFR Section 385.211). Practice and Procedure (18 CFR protest said filing should file a motion All such protests must be filed as Sections 385.211 and 385.214). All such to intervene or protest with the Federal provided in Section 154.210 of the motions and protests must be filed as Energy Regulatory Commission, 888 Commission’s Regulations. Protests will provided in Section 154.210 of the First Street, N.E., Washington, D.C. be considered by the Commission in Commission’s Regulations. Protests will 20426, in accordance with 18 CFR, determining the appropriate action to be be considered by the Commission in Sections 385.214 and 385.211 of the taken, but will not serve to make determining the appropriate action to be Commission’s Rules and Regulations. protestants parties to the proceeding. taken, but will not serve to make All such motions or protests must be Copies of this filing are on file with the protestants parties to the proceeding. filed as provided in Section 154.210 of Commission and are available for public Any person wishing to become a party the Commission’s Regulations. Protests inspection in the Public Reference must file a motion to intervene. Copies will be considered by the Commission Room. of this filing are on file with the in determining the appropriate action to Lois D. Cashell, Commission and are available for public be taken, but will not serve to make Secretary. inspection in the Public Reference Protestants parties to the proceeding. [FR Doc. 96–22316 Filed 8–30–96; 8:45 am] Room. Any person wishing to become a party BILLING CODE 6717±01±M Lois D. Cashell, must file a motion to intervene. Copies Secretary. of this filing are on file with the [FR Doc. 96–22291 Filed 8–30–96; 8:45 am] Commission and are available for public [Docket No. RP96±346±000] BILLING CODE 6717±01±M inspection in the Public Reference Room. Southern Natural Gas Company; Notice of Proposed Changes in FERC Lois D. Cashell, [Docket No. TM97±1±69±000] Gas Tariff Secretary. Stingray Pipeline Company; Notice of [FR Doc. 96–22309 Filed 8–30–96; 8:45 am] August 27, 1996. Proposed Changes in FERC Gas Tariff BILLING CODE 6717±01±M Take notice that on August 23, 1996, Southern Natural Gas Company August 27, 1996. (Southern) tendered for filing as part of Take notice that on August 23, 1996, [Docket No. RP96±64±002] its FERC Gas Tariff, Seventh Revised Stingray Pipeline Company (Stingray) South Georgia Natural Gas Company; Volume No. 1, the following tariff sheets tendered for filing as part of its FERC Notice of Proposed Changes to FERC to become effective September 1, 1996: Gas Tariff, Third Revised Volume No. 1, Gas Tariff Second Revised Sheet No. 139a Sixth Revised Sheet No. 5, to be Third Revised Sheet No. 140 effective October 1, 1996. August 27, 1996. First Revised Sheet No. 140a Stingray states that the purpose of the Take notice that on August 22, 1996, Second Revised Sheet No. 141 filing is to implement the Annual South Georgia Natural Gas Company Second Revised Sheet No. 142 Charges Adjustment (ACA) charge (South Georgia) tendered for filing as Southern states that the purpose of necessary for Stingray to recover from part of its FERC Gas Tariff, First Revised this filing is to revise the monthly its customers annual charges assessed it Volume No. 1, the following tariff sheets cashout mechanism of its imbalance by the Federal Energy Regulatory to become effective as shown: resolution procedures to provide that Commission (Commission) pursuant to the tolerance level for shippers who Part 382 of the Commission’s Effective date accrue monthly imbalances in the same Regulations. The rate authorized by the direction as the net system imbalance Commission to be effective October 1, Fourth Revised Sheet No. 5 Jan. 1, 1996. 1996 is $.00203 per Mcf. Under Fourth Revised Sheet No. 6 Jan. 1, 1996. for that month will change from two First Revised First Sheet Jan. 1, 1996. percent to one percent and that Stingray’s billing basis, this rate No. 14. imbalance percentages will be based on converts to $.0020 per MMBtu. Third Revised Sheet No. 14 Jan. 29, 1996. the actual imbalance at the end of the Stingray states that a copy of the filing Third Revised Sheet No. 32 Jan. 1, 1996. month. Southern also states that is being mailed to Stingray’s monthly imbalances of less than or jurisdictional customers and interested South Georgia states that the purpose equal to 1,000 MMBtu will be priced at state regulatory agencies. of this filing is to implement Tariff the index price and that the last weekly Any person desiring to be heard or to revisions proposed by South Georgia in posting used from Natural Gas protest said filing should file a motion its Stipulation and agreement filed on Intelligence Gas Price Index for to intervene or a protest with the June 10, 1996, in Docket Nos. RP96–64– determining the monthly low price, Federal Energy Regulatory Commission, 000, et al., and approved by the high price, and index price will be the 888 First Street, NE., Washington, DC Commission in its order issued on July posting in the last issue of the month. 20426, in accordance with Sections 18, 1996. Under the Stipulation and Southern has requested that these sheets 385.214 and 385.211 of the Agreement, which addresses South be made effective as of September 1, Commission’s Rules and Regulations. Georgia’s recovery to its costs under 1996. All such motions or protests must be Financial Accounting Standards No. 106 Southern states that copies of the filed as provided in Section 154.210 of (SFAS 106), South Georgia is required to filing will be served upon its shippers the Commission’s Regulations. Protests implement these revisions retroactively and interested state commissions. will be considered by the Commission to January 1, 1996. Any person desiring to be heard or to in determining the appropriate action to Any person desiring to protest this protest this filing should file a motion be taken, but will not serve to make filing should file a protest with the to intervene or protest with the Federal protestants parties to the proceeding. Federal Energy Regulatory Commission, Energy Regulatory Commission, 888 Any person wishing to become a party 88 First Street, N.E., Washington, D.C. First Street, N.E., Washington, DC must file a motion to intervene. Copies Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46457 of this filing are on file with the [Docket No. RP96±275±001] TCI one of the compressors for Commission and are available for public continued service on its existing inspection in the public reference room. Tennessee Gas Pipeline Company; pipeline facilities, all as more fully set Notice of Compliance Filing Lois D. Cashell, forth in the application which is on file with the Commission and open to Secretary. August 27, 1996. public inspection. Take notice that on August 15, 1996, [FR Doc. 96–22310 Filed 8–30–96; 8:45 am] Texas-Ohio requests that the Tennessee Gas Pipeline Company BILLING CODE 6717±01±M Commission treat the proposed (Tennessee), tendered for filing as part abandonment and leaseback of its FERC Gas Tariff, Fifth Revised arrangement as one transaction for Volume No. 1, the following revised [Docket No. RP96±345±000] purposes of granting the necessary tariff sheets with a proposed effective authorizations. Texas-Ohio further Tennessee Gas Pipeline Company; date of August 1, 1996: requests that the Commission grant the Notice of Proposed Changes in FERC Substitute First Revised Sheet No. 405 requested abandonment and leaseback Gas Tariff Substitute Original Sheet No. 405A authority retroactive to October 1, 1995, Substitute Original Sheet No. 405B the date the abandonment and leaseback August 27, 1996. Substitute Original Sheet No. 405C transaction actually took place, or Take notice that on August 23, 1996, Tennessee states that it is filing the alternatively, grant whatever waivers of Tennessee Gas Pipeline Company revised tariff sheets in compliance with the Commission’s rules and regulations (Tennessee), submitted for filing to the Commission’s July 31 Order in the are necessary to amend Texas-Ohio’s become part of its FERC Gas Tariff, Fifth above referenced proceeding. The NGA Section 7(c) certificate to reflect these transactions. Revised Volume 1, the following revised Commission directed Tennessee to make certain modifications to its filings Texas-Ohio states that it was tariff sheets, to be effective on in this docket and to more thoroughly constructed to operate as a winter September 23, 1996: explain certain aspects of its net present peaking service which allowed gas flow Third Revised Sheet No. 319 value criteria which the pipeline will around historical bottlenecks created in Third Revised Sheet No. 319A utilize to evaluate bids for available Tennessee Gas Pipeline Company’s capacity posted during open seasons. (Tennessee) and Texas Eastern Tennessee states that the purpose of Any person desiring to make any Transmission Corporation’s (TETCO) this filing is to correct an inadvertent protest with reference to said filing supply area. Texas-Ohio states that its error in its October 4, 1995 compliance should file a protest with the Federal facilities consist of approximately 600 filing in Docket No. RP95–112–000, et Energy Regulatory Commission, 888 feet of 10-inch pipeline and two gas al. Tennessee states that the revised First Street N.E., Washington, D.C. compression units each with tariff sheets reinstate its Unscheduled 20426, in accordance with Section 211 approximately 980 horsepower. With Flow provision that governs the flow of of the Commission’s Rules of Practice the advent of Order No. 636 and the gas at receipt or delivery point(s) where and Procedure, 18 CFR 385.211. All restructuring of the interstate pipeline a nomination has not been made for such protests were due to be filed as industry, Texas-Ohio states that its such flow. provided in Section 154.210 of the pipeline operations have significantly changed. It is stated that unbundling of Any person desiring to be heard or to Commission’s Regulations. Protests will be considered by the Commission in pipeline services and rate structure protest this filing should file a motion changes on the interstate pipelines have to intervene or protest with the Federal determining the appropriate action to be taken, but will not serve to make changed the economics and the flow of Energy Regulatory Commission, 888 natural gas on both the interconnecting First Street N.E., Washington, D.C. protestants parties to this proceeding. Copies of this filing are on file and pipelines of Texas-Ohio’s system to a 20426, in accordance with 18 CFR available for public inspection in the point where historical bottlenecks occur 385.211 and 385.214 of the Public Reference Room. less often, requiring substantially less Commission’s Rules and Regulations. peaking service. It is stated that the Louis D. Cashell, All such motions or protests must be original transportation design capacity filed as provided in Section 154.210 of Secretary. of Texas-Ohio’s facilities is 60,000 Mcf the Commission’s Regulations. Protests [FR Doc. 96–22349 Filed 8–30–96; 8:45 am] per day. At present, Texas-Ohio states will be considered by the Commission BILLING CODE 6717±01±M that it has no long-term firm in determining the appropriate action to transportation shippers; it only be taken, but will not serve to make [Docket No. CP96±737±000] transports gas pursuant to interruptible protestants parties to this proceeding. and short-term firm (less than 30 days) Any person wishing to become a party Texas-Ohio Pipeline, Inc.; Notice of transportation agreements. Texas-Ohio states that in early 1995, must file a motion to intervene. Copies Application it began evaluating alternatives to of this filing are on file with the August 27, 1996. reduce the costs of operating its Commission and available for public Take notice that on August 21, 1996, facilities in light of a significant inspection in the Public Reference Texas-Ohio Pipeline, Inc. (Texas-Ohio), reduction in system throughput since Room. 800 Gessner, Suite 900, Houston, Texas the advent of Order No. 636. Since Lois D. Cashell, 77024, filed an application pursuant to Order No. 636, which has led to the Secretary. Section 7(b) of the Natural Gas Act for increased use of released firm capacity [FR Doc. 96–22292 Filed 8–30–96; 8:45 am] permission and approval to abandon, by at the expense of interruptible capacity BILLING CODE 6717±01±M sale to Total Compression Incorporated on both Tennessee and TETCO, (TCI), two compressors and appurtenant shippers have become for less reliant on equipment from its existing facilities interruptible transportation, alleviating located in Garrard County, Kentucky, much of the bottlenecks that historically and for the authority to lease back from occurred on these systems, and, more 46458 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices importantly, dramatically lessening the [Docket No. TM97±1±68±000] No. 1 which tariff sheets are listed throughput on Texas-Ohio’s facilities. below. The proposed effective date is Texas-Ohio states that in an effort to Trailblazer Pipeline Company; Notice June 1, 1996: reduce operating costs, in the Spring of of Proposed Changes in FERC Gas Tariff Substitute First revised Sheet No. 261 1995 it explored various business 2nd Sub 3rd Revised First Revised Sheet No. opportunities, including the potential August 27, 1996. 339 abandonment and sale of surplus Take notice that on August 23, 1996, 2nd Sub 4th Revised First Revised Sheet No. 339 compression facilities that it owned and Trailblazer Pipeline Company the leasing back of such facilities at (Trailblazer) tendered for filing as part Transco states that the purpose of the lower operating expenses, thus reducing of its FERC Gas Tariff, Third Revised instant filing is to comply with the its overall cost-of-service and rates. Volume No. 1, Fourth Revised Sheet Commission’s letter order issued August Specifically, Texas-Ohio estimates that a Nos. 5 and 6, to be effective October 1, 2, 1996 in Docket Nos. RP95–197–012 net rate reduction from 5.18¢/MMBtu to 1996. and RP96–211–001 (August 2 Order). approximately 4.5¢/MMBtu would Trailblazer states that the purpose of The August 2 Order accepted certain occur (on a 100 percent volumetric the filing is to implement the Annual tariff sheets to be effective June 1, 1996 basis) as a result of the proposed Charges Adjustment (ACA) charge and directed Transco to file, within 15 transaction with TCI. necessary for Trailblazer to recover from days of such order, revised tariff sheets Any person desiring to be heard or to its customers annual charges assessed it to provide the same curtailment priority make any protest with reference to said by the Federal Energy Regulatory for primary and secondary receipt and application should on or before Commission (Commission) pursuant to delivery points. The Commission states September 17, 1996, file with the Part 382 of the Commission’s that such directive is consistent with the Federal Energy Regulatory Commission, Regulations. The rate authorized by the Commission’s ‘‘Opinion and Order on Washington, D.C. 20426, a motion to Commission to be effective October 1, Initial Decision’’ (Opinion No. 405), intervene or a protest in accordance 1996 is $.00203 per Mcf. Under issued July 3, 1996, in Docket No. with the requirements of the Trailblazer’s billing basis, this rate RP92–137–016, et al. In compliance Commission’s Rules of Practice and converts to $.0019 per MMBtu. with the Commission’s August 2 Order, Procedure (18 CFR 385.214 or 385.211) Trailblazer states that a copy of the Transco has revised Sections 11.3(b) and the Regulations under the Natural filing is being mailed to Trailblazer’s and 28.4(c) of its General Terms and Gas Act (18 CFR 157.10). All protests jurisdictional customers and interested Conditions. filed with the Commission will be state regulatory agencies. Transco is serving copies of the considered by it in determining the Any person desiring to be heard or to instant filing to customers, State appropriate action to be taken but will protest said filing should file a motion Commissions and other interested not serve to make the protestants parties to intervene or a protest with the parties. to the proceeding. Any person wishing Federal Energy Regulatory Commission, Any person desiring to protest this to become a party to a proceeding or to 888 First Street, N.E., Washington, D.C. filing should file a protest with the participate as a party in any hearing 20426, in accordance with Sections Federal Energy Regulatory Commission, therein must file a motion to intervene 385.214 and 385.211 of the 888 First Street, N.E., Washington, DC, in accordance with the Commission’s Commission’s Rules and Regulations. 20426, in accordance with 18 CFR Rules. All such motions or protests must be 385.211 of the Commission’s Rules and Take further notice that, pursuant to filed as provided in Section 154.210 of Regulations. All such protests must be the authority contained in and subject to the Commission’s Regulations. Protests filed as provided in Section 154.210 of the jurisdiction conferred upon the will be considered by the Commission the Commission’s Regulations. Protests Federal Energy Regulatory Commission in determining the appropriate action to will be considered by the Commission by Sections 7 and 15 of the Natural Gas be taken, but will not serve to make in determining the appropriate action to Act and the Commission’s Rules of protestants parties to the proceeding. be taken, but will not serve to make Practice and Procedure, a hearing will Any person wishing to become a party protestants parties to the proceeding. be held without further notice before the must file a motion to intervene. Copies Copies of this filing are on file with the Commission or its designee on this of this filing are on file with the Commission and are available for public application if no motion to intervene is Commission and are available for public inspection in the Public Reference filed within the time required herein, if inspection in the public reference room. Room. the Commission on its own review of Lois D. Cashell, Lois D. Cashell, the matter finds that permission and Secretary. Secretary. approval for the proposed abandonment [FR Doc. 96–22311 Filed 8–30–96; 8:45 am] [FR Doc. 96–22298 Filed 8–30–96; 8:45 am] are required by the public convenience BILLING CODE 6717±01±M and necessity. If a motion for leave to BILLING CODE 6717±01±M intervene is timely filed, or if the Commission on its own motion believes [Docket Nos. RP95±197±015 and RP96±211± [Docket No. ER96±2728±000, et al.] that a formal hearing is required, further 002] notice of such hearing will be duly Illinois Power Company, et al.; Electric given. Transcontinental Gas Pipe Line Rate and Corporate Regulation Filings Under the procedure herein provided Corporation; Notice of Compliance Filing August 26, 1996. for, unless otherwise advised, it will be Take notice that the following filings unnecessary for Texas-Ohio to appear or August 27, 1996. have been made with the Commission: be represented at the hearing. Take notice that on August 19, 1996, 1. Illinois Power Company Lois D. Cashell, Transcontinental Gas Pipe Line Secretary. Corporation (Transco) tendered for [Docket No. ER96–2728–000] [FR Doc. 96–22307 Filed 8–30–96; 8:45 am] filing certain revised tariff sheets to its Take notice that on August 14, 1996, BILLING CODE 6717±01±M FERC Gas Tariff, Third Revised Volume Illinois Power Company (Illinois Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46459

Power), 500 South 27th Street, Decatur, Comment date: September 9, 1996, in Copies of this filing were supplied to Illinois 62526, tendered for filing a accordance with Standard Paragraph E the Public Utility Commission of Power Sales Tariff, Service Agreement at the end of this notice. Oregon and the Public Service under which Coastal Electric Service Commission of Utah. 5. Duke Power Company Company will take service under A copy of this filing may be obtained Illinois Power Company’s Power Sales [Docket No. ER96–2732–000] from PacifiCorp’s Regulation Tariff. The agreements are based on the Take notice that on August 15, 1996, Administration Department’s Bulletin Form of Service Agreement in Illinois Duke Power Company (Duke), tendered Board System through a personal Power’s tariff. for filing a Service Agreement for computer by calling (502) 464–0122 Illinois Power has requested an Market Rate (Schedule MR) Sales (9600 baud, 8 bits, no parity, 1 stop bit). effective date of July 15, 1996. between Duke and Calpine Power Comment date: September 9, 1996, in Comment date: September 9, 1996, in Service. accordance with Standard Paragraph E accordance with Standard Paragraph E Comment date: September 9, 1996, in at the end of this notice. at the end of this notice. accordance with Standard Paragraph E 9. Ohio Power Company at the end of this notice. 2. Consolidated Edison Company of [Docket No. ER96–2736–000] New York, Inc. 6. Central Illinois Public Service Take notice that on August 16, 1996, Company [Docket No. ER96–2729–000] American Electric Power Service Take notice that on August 14, 1996, [Docket No. ER96–2733–000] Corporation (AEPSC), on behalf of Ohio Consolidated Edison Company of New Take notice that on August 14, 1996, Power Company (OPCO), tendered for York, Inc. (Con Edison), tendered for Central Illinois Public Service Company filing a borderline agreement, dated filing a Supplement to Con Edison’s (CIPS), submitted a service agreement, March 27, 1996, between OPCO and the Rate Schedule FERC No. 128, the PARS dated July 19, 1996, establishing LG&E Ohio Edison Company (OE). This Facilities Agreement under which Con Power Marketing, Inc. (LG&E) as a agreement provides for OPCO to deliver Edison is responsible for the purchase, customer under the terms of CIPS’ Open power and energy to the distribution installation, operation, and maintenance Access Transmission Tariff. system of OE, under a state approved of phase angle regulators at the CIPS requests an effective date of July retail rate, for resale by OE to end-use Branchburg-Ramapo Interconnection 19, 1996 for the service agreements. customers in the immediate vicinity of between the New York Power Pool Accordingly, CIPS requests waiver of Myers Lake. The parties have requested (NYPP) and the Pennsylvania-New the Commission’s notice requirements. an effective date of July 17, 1996. A copy of the filing was served upon Jersey-Maryland (PJM) Interconnection. Copies of this filing were served upon LG&E and the Illinois Commerce OE and the Public Utility Commission Con Edison has requested waiver of Commission. of Ohio. notice requirements so that the Comment date: September 9, 1996, in Comment date: September 9, 1996, in decreases in charges under the accordance with Standard Paragraph E accordance with Standard Paragraph E Supplement can be made effective as of at the end of this notice. at the end of this notice. January 1, 1995. Con Edison states that a copy of this 7. Southern Indiana Gas & Electric 10. Louisville Gas and Electric filing has been served by mail upon Company Company NYPP and PJM. [Docket No. ER96–2734–000] [Docket No. ER96–2737–000] Comment date: September 9, 1996, in Take notice that on August 16, 1996, Take notice that on August 16, 1996, accordance with Standard Paragraph E Southern Indiana Gas & Electric Louisville Gas and Electric Company at the end of this notice. Company (SIGECO), filed its proposed (LG&E), tendered for filing a letter from 3. Louisville Gas and Electric Company Wholesale Power Sales Tariff. The the Executive Committee of the Western proposed tariff would allow SIGECO to Systems Power Pool (WSPP) indicating [Docket No. ER96–2730–000] sell capacity and energy to eligible that it had approved LG&E’s application Take notice that on August 14, 1996, customers at market-based rates. for good membership. LG&E requests Louisville Gas and Electric Company Comment date: September 9, 1996, in that the Commission amend the WSPP (LG&E), tendered for filing a copy of a accordance with Standard Paragraph E Agreement to include it as a member. Non-Firm Transmission Agreement at the end of this notice. LG&E requests an effective date of between Louisville Gas and Electric 8. PacifiCorp August 13, 1996, for the proposed Company and Federal Energy Sales, Inc. amendment. Accordingly, LG&E under Rate TS. [Docket No. ER96–2735–000] requests waiver of the Commission’s Comment date: September 9, 1996, in Take notice that on August 16, 1996, notice requirements for good cause accordance with Standard Paragraph E PacifiCorp, tendered for filing in shown. at the end of this notice. accordance with 18 CFR Part 35 of the Copies of the filing were served upon 4. Idaho Power Company Commission’s Rules and Regulations, a the WSPP Executive Committee. copy of the fully executed Power Comment date: Septmeber 9, 1996, in [Docket No. ER96–2731–000] Marketing and Resource Management accordance with Standard Paragraph E Take notice that on August 15, 1996, Service Agreement (Agreement) dated at the end of this notice. Idaho Power Company (IPC), tendered July 26, 1996 between PacifiCorp and 11. Portland General Electric Company for filing with the Federal Energy Deseret Generation & Transmission Regulatory Commission a Service Cooperative. [Docket No. ER96–2738–000] Agreement under Idaho Power PacifiCorp requests that the Take notice that on August 16, 1996, Company’s FERC Electric Tariff, Second Commission grant a waiver of prior Portland General Electric Company Revised, Volume No. 1 between Questar notice pursuant to 18 CFR 35.11 of the (PGE), tendered for filing under FERC Energy Trading Company and Idaho Commission’s Rules and Regulations Electric Tariff, 1st Revised Volume No. Power Company, and a Certificate of and that an effective date of July 26, 2, an executed Service Agreement Concurrence. 1996 be assigned to the Agreement. between PGE and City of Shasta Lake. 46460 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

Pursuant to 18 CFR 35.11 and the The supplement pertains to the the project manager, John Mudre, at Commission’s order issued July 30, 1993 technical aspects of the facility. No (202) 219–1208. (Docket No. PL93–2–002). PGE determination has been made that the Lois D. Cashell, respectfully requests the Commission submittal constitutes a complete filing. Secretary. grant a waiver of the notice Any person desiring to be heard or [FR Doc. 96–22301 Filed 8–30–96; 8:45 am] requirements of 18 CFR 35.3 to allow objecting to the granting of qualifying BILLING CODE 6717±01±M the executed Service Agreement to status should file a motion to intervene become effective August 1, 1996. Copies of this filing were served upon or protest with the Federal Energy [Docket No. CP96±199±000] City of Shasta Lake. Regulatory Commission, 888 First Comment date: September 9, 1996, in Street, N.E., Washington, D.C. 20426, in Egan Hub Partners, L.P.; Errata Notice accordance with Standard Paragraph E accordance with rules 211 and 214 of to Notice of Availability of the at the end of this notice. the Commission’s Rules of Practice and Environmental Assessment for the Procedure. A motion or protest must be Proposed Egan Gas Storage 12. Delmarva Power & Light Company filed within 15 days after the date of Expansion Project [Docket No. ER96–2739–000] publication of this notice and must be August 27, 1996. Take notice that on August 16, 1996, served on the applicant. Protests will be The comment expiration date of Delmarva Power & Light Company considered by the Commission in September 23, 1996 should be replaced (Delmarva), tendered for filing a service determining the appropriate action to be with September 18, 1996, in the notice agreement providing for non-firm point- taken but will not serve to make issued August 19, 1996 (61 FR 43539, to-point transmission service from time protestants parties to the proceeding. A August 23, 1996), and in the letter to time to the City of Dover pursuant to person who wishes to become a party transmitting the environmental Delmarva’s open access transmission must file a petition to intervene. Copies assessment in Docket No. CP96–199– tariff. Delmarva asks that the of this filing are on file with the 000 to the parties addressed. Commission set an effective date for the Commission and are available for public Lois D. Cashell, service agreement of July 23, 1996, the inspection. Secretary. date on which it was executed. Lois D. Cashell, Comment date: September 9, 1996, in [FR Doc. 96–22317 Filed 8–30–96; 8:45 am] accordance with Standard Paragraph E Secretary. BILLING CODE 6717±01±M at the end of this notice. [FR Doc. 96–22318 Filed 8–30–96; 8:45 am] BILLING CODE 6717±01±M Standard Paragraph ENVIRONMENTAL PROTECTION E. Any person desiring to be heard or AGENCY to protest said filing should file a [Project No. 2210±010] [FRL±5604±6] motion to intervene or protest with the Federal Energy Regulatory Commission, Appalachian Power Company; Notice Proposed Partial Consent Decree, 888 First Street, N.E., Washington, D.C. of Availability of Environmental Clean Air Act Petition Citizen Suit 20426, in accordance with Rules 211 Assessment and 214 of the Commission’s Rules of AGENCY: Environmental Protection Practice and Procedure (18 CFR 385.211 August 27, 1996. Agency (EPA). ACTION: Notice of proposed partial and 18 CFR 385.214). All such motions An environmental assessment (EA) is or protests should be filed on or before consent decree; request for public available for public review. The EA is comment. the comment date. Protests will be for an application to amend the license considered by the Commission in for the Smith Mountain Hydroelectric SUMMARY: In accordance with section determining the appropriate action to be Project. The application is to: (1) Make 113(g) of the Clean Air Act, as amended taken, but will not serve to make (‘‘Act’’), notice is hereby given of a protestants parties to the proceeding. an administrative correction to the project’s licensed installed capacity; and proposed partial consent decree in the Any person wishing to become a party following case: Sierra Club v. Carol M. must file a motion to intervene. Copies (2) upgrade two turbine runners at the project’s Smith Mountain Powerhouse. Browner, and U.S. Environmental of this filing are on file with the Protection Agency, No. 96–436 (D.C.); Commission and are available for public The EA finds that approval of the application would not constitute a (consolidated with No. 95–1747). This inspection. action was filed under section 304(a)(2) Lois D. Cashell, major federal action significantly affecting the quality of the human of the Act, 42 U.S.C. 7604(a)(2), Secretary. contesting among other matters EPA’s environment. The Smith Mountain [FR Doc. 96–22350 Filed 8–30–96; 8:45 am] failure to promulgate regulations Hydroelectric Project is located on the BILLING CODE 6717±01±P containing standards applicable to Roanoke River in Bedford, Franklin, emissions from new locomotives and Pittsylvania, Cambell, and Roanoke [Docket No. QF88±438±003] new locomotive engines pursuant to Counties, Virginia. section 213(a)(5) of the Act. Warbasse-Cogeneration Technologies The EA was written by staff in the For a period of thirty (30) days Partnership L.P.; Notice of Amendment Office of Hydropower Licensing, following the date of publication of this to Filing Federal Energy Regulatory Commission. notice, the Agency will receive written Copies of the EA can be viewed at the comments relating to the proposed August 27, 1996. Commission’s Reference and partial consent decree from persons who On August 21, 1996, Warbasse- Information Center, Room 2A, 888 First were not named as parties or Cogeneration Technologies Partnership Street, N.E., Washington, D.C. 20426. intervenors to the litigation in question. L.P. tendered for filing a supplement to Copies can also be obtained by calling EPA or the Department of Justice may its filing in this docket. withhold or withdraw consent to the Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46461 proposed decree if the comments Washington Circle, NW, Washington, Electronics sector on managing End of disclose facts or circumstances that DC 20037. Life issues for Computer and Electronic indicate that such agreement is The first day of the meeting, Equipment. inappropriate, improper, inadequate, or September 17, will be devoted partly to For further information concerning inconsistent with the requirements of breakout sessions for the three this meeting of the Common Sense the Act. subcommittee workgroups (Reporting Initiative Council, please contact A copy of the proposed partial and Public Access to Information; Prudence Goforth, Designated Federal consent decree is available from Phyllis Overcoming Barriers to Pollution Officer (DFO) on (202) 260–7417, or by J. Cochran, Air and Radiation Division Prevention, Product Stewardship, and e-mail on (2344), Office of General Counsel, U.S. Recycling; and Integrated and [email protected]. Sustainable Alternative Strategies for Environmental Protection Agency, 401 (3) Metal Finishing Sector the Electronics Industry) and partly to M Street, S.W., Washington, D.C. 20460, Subcommittee—September 25 and 26, plenary session. The second day, (202) 260–7606. Written comments 1996 should be sent to John T. Hannon, Esq. September 18, will also consist of both at the above address and must be workgroup and plenary sessions. Over Notice is hereby given that the submitted on or before October 3, 1996. the course of the two days, the Environmental Protection Agency will Subcommittee will be discussing hold an open meeting of the Metal Dated: August 19, 1996. ongoing reporting reinvention projects, Finishing Sector Subcommittee on Scott C. Fulton, management of the end of life of Wednesday, September 25 and Acting General Counsel. consumer electronic products, and the Thursday, September 26, 1996, from [FR Doc. 96–22379 Filed 8–30–96; 8:45 am] development of pilots to test alternative approximately 9:00 a.m. EDT to 4:00 BILLING CODE 6560±50±M regulatory strategies. Opportunity for p.m. EDT., and will include breakout public comment on major issues under sessions for the sector subcommittee workgroups. The meeting will be held at [FRL±5602±7] discussion will be provided at intervals throughout the meeting. the Hyatt Regency Hotel, (Crystal City) Common Sense Initiative Council For further information concerning 2799 Jefferson Davis Highway, (CSIC) this meeting of the Computers and Arlington, VA 22202. The telephone Electronics Sector Subcommittee, please number is 703–418–1234. AGENCY: Environmental Protection contact Gina Bushong at 202–260–3797, The Metal Finishing Sector Agency (EPA). Fax 202–260–1096, or by mail at US Subcommittee anticipates focusing on a ACTION: Notification of public advisory EPA (MC 7405), 401 M Street, SW, number of topics including: the CSIC Computers and Electronics Sector Washington, DC 20460; Mark Mahoney, Strategic Goals Project; the Strategic Subcommittee meeting; Common Sense Region 1, US EPA at 617–565–1155; or Research Plan, the Tier 4 targeted Initiative Council meeting; and CSIC David Jones, Region 9, US EPA at 415– enforcement project; and the Tier 3 Metal Finishing and Iron and Steel 744–2266. environmentally responsible site Sector Subcommittee meetings; open (2) Common Sense Initiative Council— transition case studies. The topics of meetings. September 19 and 20, 1996 discussion are subject to change; however, an agenda will be available in SUMMARY: Pursuant to the Federal Notice is hereby given that the mid-September. Advisory Committee Act, Public Law Environmental Protection Agency will For further information concerning 92–463, notice is hereby given that the hold an open meeting of the Common meeting times and agenda of the Metal CSIC Computers and Electronics Sector Sense Initiative Council on Thursday, Finishing Sector Subcommittee, please Subcommittee, the Common Sense September 19, 1996 from 12:30 p.m. contact Bob Benson, DFO, at 202–260– Initiative Council, and the Metal EDT, to 5:30 p.m. EDT and on Friday, 8668 in Washington, DC, or e-mail him Finishing and Iron and Steel Sector September 20, 1996, from 8:30 a.m. EDT at benson.robert @ epamail.epa.gov. Subcommittees of the Common Sense to 1:00 p.m. EDT. The meeting will be Initiative Council, will meet on the held at the Dupont Plaza Hotel, 1500 (4) Iron and Steel Sector dates and times described below. All New Hampshire Avenue, N.W., Subcommittee—September 26, 1996 meetings are open to the public. Seating Washington, DC 20036. The telephone Notice is hereby given that the at all four meetings will be on a first- number is 202–483–6000. Environmental Protection Agency will come basis and limited time will be The Council agenda will focus on a hold an open meeting of the Iron and provided for public comment. For variety of topics including: Updates on Steel Sector Subcommittee on further information concerning specific actions taken since the June 1996 Thursday, September 26, 1996. The meetings, please contact the individuals Council Meeting and the CSI budget; the meeting will begin at 8:00 a.m. CDT and listed with the Council and three Sector President’s Council on Sustainable will run until 4:00 p.m. CDT. The Subcommittee announcements below. Development; One Stop Reporting meeting will be held at the Metcalf Guide; economic assessments relating to Federal Building, Great Lakes (1) Computers and Electronics Sector environmental regulations; and Conference Center, 12th floor, 77 West Subcommittee—September 17 and 18, community involvement/outreach. In Jackson Boulevard, Chicago, Illinois 1996 addition, the Iron and Steel, Automobile 60604. Picture identification will be Notice is hereby given that the Manufacturing, and Printing Sector required for entry into the building. Environmental Protection Agency will Subcommittees will make presentations The Iron and Steel Sector hold an open meeting of the Computers to the Council on examples of their Subcommittee has created four work and Electronics Sector Subcommittee on projects that are addressing community groups which are responsible for Tuesday, September 17, 1996, from 8:30 involvement/outreach. Presentations proposing to the full Subcommittee, for a.m. EDT to 5:00 p.m., EDT, and will also be given by the Metal its review and approval, potential Wednesday, September 18, 1996, from Finishing Sector on their National Goals activities or projects that the Iron and 8:30 a.m. EDT to 3:00 p.m. EDT, at the Project; the Petroleum Sector on One Steel Sector Subcommittee will One Washington Circle Hotel, One Stop Reporting and the Computers and undertake, and for carrying out projects 46462 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices once approved. The subcommittee has for the Urban Wet Weather Flows For the Phase II Subcommittee meeting, approved nine projects (Brownfields, (UWWF) Advisory Committee; the contact Sharie Centilla, Office of Consolidated Multi-media Reporting, Storm Water Phase II Advisory Wastewater Management, at (202) Alternative Compliance Strategy, Iron Subcommittee; and the Sanitary Sewer 260–6052 or Internet: and Steel Web Site, Barriers to the Use Overflow (SSO) Advisory [email protected] of Innovative Technology, Spent Pickle Subcommittee. These meetings are open For the SSO meeting, contact Charles Liquor Conference, Multi-media to the public without need for advance Vanderlyn, Office of Wastewater Permitting, Permit Issues, and registration. The UWWF Advisory Community Involvement). The purpose Committee will continue discussions of Management, at (202) 260–7277 or of this meeting is to discuss the status issues related to monitoring, watershed Internet: of these projects and to review any framework, storm water effluent [email protected] recommendations that the workgroups limitations, no exposure, physical Dated: August 21, 1996. propose. Additionally, the impacts, and water quality standards in Alfred W. Lindsey, subcommittee will be discussing the a wet weather context. The Storm Water Deputy Director, Office of Wastewater status of an effort to analyze compliance Phase II Advisory Subcommittee will Management Designated Federal Official. data and of a potential self-evaluation continue discussions on issues [FR Doc. 96–22380 Filed 8–30–96; 8:45 am] and EPA will give a brief presentation concerning the framework for Phase II on its current activities regulating air implementation. The SSO Advisory BILLING CODE 6560±50±M particulates and potential revisions to Subcommittee will continue discussions the existing standard. The on key issues and the overall SSO Subcommittee’s four workgroups will strategy. [FRL±5604±3] meet the preceding day, Wednesday, DATES: September 25, 1996, from Southern Crop Site; Amendment approximately 10:00 a.m. CDT to 5:00 (1) Urban Wet Weather Flows (UWWF) Notice of Proposed Purchaser p.m. CDT at the Metcalf Building. Advisory Committee: Agreement For further information concerning • September 26–27, 1996 • this Iron and Steel Sector Subcommittee November 18–19, 1996 Notice is hereby given that a proposed Meeting, please call either Ms. Judith (2) Storm Water Phase II Advisory prospective purchaser agreement Hecht at 202–260–5682 in Washington, Subcommittee: associated with Southern Crop • October 17–18, 1996 DC., or by e-mail on • Superfund Site in Palm Beach, Florida December 12–13, 1996 has been approved by the Agency and [email protected]. (3) Sanitary Sewer Overflow Advisory by the Department of Justice. The INSPECTION OF SUBCOMMITTEE Subcommittee: DOCUMENTS: Documents relating to the • September 9–10, 1996 Prospective Purchaser Agreement would above Sector Subcommittee • October 21–22, 1996 (tentative) resolve certain potential EPA claims announcements, will be publicly The UWWF Advisory Committee under Sections 106 and 107 of the available at the meeting. Thereafter, meetings will begin at 10 a.m. EST and Comprehensive Environmental these documents, together with the end at approximately 5:30 p.m. On the Response, Compensation and Liability official minutes for the meetings, will be second day, the meetings will run from Act of 1980, as Amended by the available for public inspection in room 8:00 a.m. until 3:30 p.m. The Storm Superfund Amendments and 2821M of EPA Headquarters, Common Water Phase II meeting will begin at Reauthorization Act of 1986 Sense Initiative Staff, 401 M Street, SW, 9:00 a.m. EST and end at approximately (‘‘CERCLA’’), against John McCrocklin, Washington, DC 20460, telephone 5:30 p.m. On the second day, the the prospective purchaser (‘‘the number 202–260–7417. Common Sense meeting will begin at 9:00 a.m. and end purchaser’’). The Settlement would Initiative information can be accessed at approximately 4:30 p.m. The SSO require the purchaser to pay to EPA the electronically through contacting Advisory Subcommittee meetings will sum of $150,000.00 within 120 calendar Katherine Brown at begin at 10:00 a.m. EST and end at days of the effective date of the [email protected]. approximately 5:00 p.m. On the second Agreement, provide EPA access to the Dated: August 26, 1996. day, the meetings will begin at 8:30 a.m. Site, and place certain deed restrictions Prudence Goforth, and end at approximately 4:00 p.m. A on the property. EPA will consider Designated Federal Officer. decision will be made at the September public comments on the proposed [FR Doc. 96–22385 Filed 8–30–96; 8:45 am] SSO meeting on the necessity of holding agreement for thirty (30) days. EPA may BILLING CODE 6560±50±P the October 21–22 meeting. If the withdraw from or modify the proposed decision is made to not hold the October purchaser agreement should such meeting, a notice of cancellation will be comments disclose facts or [FRL±5604±5] published in the Federal Register by the considerations which indicate the end of September. Public Meetings of the Urban Wet proposed agreement is inappropriate, ADDRESSES: All meetings will be held at Weather Flows Advisory Committee, improper, or inadequate. Copies of the the Holiday Inn Historic-District, 625 the Storm Water Phase II Advisory agreement are available from: Paula V. First Street, Alexandria, Virginia. The Subcommittee, and the Sanitary Sewer Batchelor, U.S. Environmental Holiday Inn’s telephone number is (703) Overflow Advisory Subcommittee Protection Agency, Region 4, Waste 548–6300. Management Division, 345 Courtland AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: Street, N.E., Atlanta, Georgia 30365, Agency. 404/347–5059, vmx. 6169. ACTION: Notice. For the UWWF Advisory Committee meeting, contact Will Hall, Office of Written comments must be submitted SUMMARY: Notice is given that the Wastewater Management, at (202) to Ms. Batchelor at the above address Environmental Protection Agency (EPA) 260–1458, or Internet: within thirty (30) days from the date of is convening separate public meetings [email protected] publication. Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46463

Dated: August 21, 1996. for public inspection at 1445 Ross Diamond Shamrock (Maxus Energy James S. Kutzman, Avenue, Dallas, Texas, 75202–2733. A Corporation) Acting Director, Waste Management Division. copy of the proposed settlement may be Dresser Industries [FR Doc. 96–22383 Filed 8–30–96; 8:45 am] obtained from Carl Bolden, 1445 Ross Dupre´ Transport, Inc. BILLING CODE 6560±50±M Avenue, Dallas, Texas, 75202–2733 at Dynamic Exploration, Inc. (214) 665–6713. Comments should Eastern Washington University reference the Marco of Iota Superfund Eastman Christensen (Baker Hughes) [FRL±5602±9] Site in Iota, Louisiana, and EPA Docket Edmonds District Community College No. 6–22–95, and should be addressed Eimco Process Equipment Company Notice of Proposed Administrative to Carl Bolden at the address listed (Baker Hughes) Settlement Pursuant to the above. Empak, Inc. Comprehensive Environmental FOR FURTHER INFORMATION CONTACT: John Enron Oil Trading and Transportation Response, Compensation, and Liability Company (EOTT Energy Operating Act Dugdale, 1445 Ross Avenue, Dallas, Texas, 75202–2733 at (214) 665–8027. Ltd. Ptrshp.) AGENCY: Environmental Protection ENSCO SUPPLEMENTARY INFOMATION: Agency. Environmental Specialists, Inc. Everco Industries ACTION: Notice; request for public 3M (Minnesota Mining & Manufacturing Exchange Parts comment. Company) Acadian Shipyard, Inc Exxon Co. USA (Exxon Corporation) SUMMARY: In accordance with Section Aero Technologies, Inc. FaKouri Construction Company, Inc. 122(i) of the Comprehensive Agrico Chemical Company (IMC Agrico) Fashion Tech Environmental Response, Agrolinz, Inc. Firestone Tire & Rubber (Bridgestone/ Compensation, and Liability Act, as Airco, Inc. (The BOC Group, Inc.) Firestone, Inc.) amended (‘‘CERCLA’’), 42 U.S.C. Alamo Heights I.S.D. Fisher Scientific Company § 9622(i), notice is hereby given of a Alumax, Inc. (Alumax Mill Products, Flexel, Inc. proposed administrative settlement Inc.) Florida Gas (Enron Corporation) concerning the Marco of Iota Superfund Alza Corporation Freeport Oil Company/Freeport- Site in Iota, Louisiana, with the settling Americold McMoran (Crescent Technology, Inc.) parties referenced in the Supplementary Ameritech Services G&B Oil Products Information portion of this Notice. Ampad Corporation Gem Seal of Texas, Inc. The settlement requires the settling Baton Rouge Machine Works Genmark parties to pay $1,081,025.69 to the BFI (Browning-Ferris Industries Georgia Institute of Technology Hazardous Substances Superfund. The Chemical Services) Georgia-Pacific Corporation settlement is designed to resolve fully Brown & McKenzie, Inc. GMAC (General Motors Corporation) the de minimis and de micromis settling Butterfield Building Supply Good Nature Laboratory (Nestle USA, parties’ liability at the site through a Buttes Resources (Reunion Energy Inc.) Goodrich Oil Company (Brammer covenant not to sue under Sections 106 Company) Engineering, Inc.) and 107 of CERCLA, 42 U.S.C. §§ 9606 C. Thomas Pearson, Jr. Great Western Manufacturing and 9607, and Section 7003 of the C.M.I/Megahertz Corp. (Component Gulf States Utilities Company (Entergy Resource Conservation and Recovery Manufacturing, Inc.) Services, Inc.) Act, 42 (‘‘RCRA’’), U.S.C. § 6973, and to Cardiopulmonics, Inc. (InnerDyne, Inc.) Hayward Unified School District resolve the past liabilities of the settling CBS Metering HESCO (Laidlaw Environmental non-de minimis/de micromis parties Central Detroit Diesel-Allison, Inc. Services) under Section 107 of CERCLA, 42 U.S.C. Central Park Apartments Histotec § 9607. Central Washington University Holy Cross Hospital For thirty (30) days following the date Chemical Waste Disposal Corporation Houston Oil & Minerals Corporation of publication of this notice, the Agency Chevron U.S.A., Inc. Hoyt, U.S.A. will receive written comments relating Citgo Petroleum Corporation Hughes Tool Division (Baker Hughes) to the settlement. The Agency will Cities Service Company Hunt Oil Co. consider all comments received and Cities Service Trading Company Columbia Gulf Transmissions Immunex Corporation may modify or withdraw its consent to (Columbia Gulf Transmission Independent VW the settlement if comments received Company) Industrial Solvents disclose facts or considerations which Commonwealth of Kentucky Inspectorate America Corporation indicate that the settlement is Conoco, Inc. International Oilfield Services/Petrotest, inappropriate, improper, or inadequate. Continental Grain Rail Shop Inc. The Agency’s response to any comments (Continental Grain Company) J.M. Huber Corporation received will be available for public Continental-COF (Continental Grain John W. McGowan (McGowan Working inspection at 1445 Ross Avenue, Dallas, Company) Partners) Texas, 75202–2733. Commenters may Cook Composites & Polymers Johnson Controls, Inc. request an opportunity for a public Cooper Industries, Inc. Kansas City Kansas Community College meeting in the affected area in Core Labs (Western Atlas International, Kennedy Print Shop, Inc. accordance with Section 7003(d) of Inc.) Lases Company, Inc. RCRA, 42 U.S.C. § 6973(d). Crown Zellerbach (Hanson Natural Lee Scientific (Dionex Corporation) DATES: Comments must be submitted on Resources Company) Leger Production Company, Inc. or before October 3, 1996. Cummins & Walker Oil Co., Inc. Lig Liquids Corporation ADDRESSES: The proposed settlement Dearborn Chemical Company (W.R. Louisiana Department of Corrections and additional background information Grace & Co.-Conn’s. Dearborn Unit) (Dept. Of Public Safety & Corrections) relating to the settlement are available Delgado Community College Louisiana State University (L.S.U.) 46464 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

Louisiana Department of Wildlife and St. Tammany Parish Hospital the 3 Working Groups, Discussion on GAO Fisheries Sterling Drug Co. (Sterling Winthrop, Ideas, Next Steps and other topics. L.S.U. Dental School Inc.) Public Participation: The meeting will be L.S.U. Medical Center Tenneco Oil Company open to public participation; and the last 10 Lubriport Laboratories, Inc. Tennessee Gas Pipeline (Tenneco minutes will be set aside for oral questions or comments. Members of the public may Lucas Western, Inc. Energy) also file written statement(s) before or after Marathon Oil Co./Marathon Petroleum Texas City Refining, Inc. the meeting. In order to permit the Export- Co. Texas Eastern Transmission Corporation Import Bank to arrange suitable Master Well Works, Inc. Texas Gas Transmission Corporation accommodations, members of the public who Melamine Chemicals, Inc. Texas Southern University plan to attend the meeting should notify Merrill Bean Chevrolet Texas Tech University Joyce Herron, Room 1215, 811 Vermont Metricor (Corning, Inc.) The Woodlands Technology Center Avenue, N.W., Washington, D.C. 20571, (202) Metro Environmental Laboratory (Pennzoil Company) 565–3503, not later than September 23, 1996. Metro Transit Power Distribution Tidewater Marine, Inc. If any person wishes auxiliary aids (such as Metro West Point Treatment Plant Transco/Transcontinental Gas Pipe Line a sign language interpreter) or other special Metropolitan Water District of Salt Lake Corporation accommodations, please contact, prior to September 26, 1996, Joyce Herron, Room City Trumbull Asphalt (Owens-Corning) 1215, 811 Vermont Avenue, N.W., Missouri Southern State College U.S. Post Office Washington, DC 20571, Voice: (202) 565– Mountain States Analytical University of Alabama 3955 or TDD: (303) 565–3377. Multichemical Products, Inc. University of Arkansas FURTHER INFORMATION: Natchez Boat Store (Canal Barge University of California, Riverside For further Company, Inc.) University of Houston information, contact Joyce Herron, New Orleans Spice Co. Labs University of South Alabama Room 1215, 811 Vermont Avenue, N.W., Newark Unified School District University of Southern Mississippi Washington, D.C. 20571, (202) 565– North Seattle Community College University of Texas 3503. Northeast Louisiana University University of Utah Kenneth Hansen, NPI (Agridyne) Utah Correctional Industries General Counsel. Nuclear Sources & Services Utah Correctional Institute [FR Doc. 96–22268 Filed 8–30–96; 8:45 am] Occidental Chemical Corporation Utah State University BILLING CODE 6690±01±M (OxyChem) Varian Associates, Inc. Oregon Regional Primate Center Virginia Mason Hospital (Virginia Our Lady of the Lake Medical Center Mason Medical Center) FEDERAL MARITIME COMMISSION Oxwell, Inc. Washington State Department of Packard Instrument Company Transportation Notice of Agreement(s) Filed PATCO (Port Arthur Towing Company) Welchem, Inc. (Amoco Corporation) Pepperidge Farm, Inc. Westlake Polymers Corporation The Federal Maritime Commission Pepsi Cola Bottling of Ogden Weyerhaeuser Technology Center hereby gives notice of the filing of the Peterson/Puritan, Inc. (CCL Custom Wil-Cor, Inc. following agreement(s) pursuant to Manufacturing) Wilson Supply Co./Wilson Industries, section 5 of the Shipping Act of 1984. Petrofunds, Inc. Inc. Interested parties may inspect and Petroleum Stripping, Inc. Xavier University of Louisiana obtain a copy of each agreement at the Phillips 66 Company (Phillips Washington, D.C. Office of the Federal Dated: August 22, 1996. Maritime Commission, 800 North Petroleum Company) Jane N. Saginaw, Phillips Philtex (Phillips Petroleum Capitol Street, N.W., 9th Floor. Regional Administrator. Company) Interested parties may submit comments Physio-Control Corporation (Eli Lilly & [FR Doc. 96–22384 Filed 8–30–96; 8:45 am] on each agreement to the Secretary, Company) BILLING CODE 6560±50±P Federal Maritime Commission, Placid Refining Company Washington, D.C. 20573, within 10 days Plantation Pipe Line Company after the date of the Federal Register in Plaza Point Investment EXPORT-IMPORT BANK OF THE which this notice appears. The Portland State University UNITED STATES requirements for comments are found in Providence Medical Center Hospital section 572.603 of Title 46 of the Code Notice of Open Special Meeting of the (Sisters of Providence) of Federal Regulations. Interested Puget Sound Power & Light Company Advisory Committee of the Export- persons should consult this section Rayne City Hall Import Bank of the United States before communicating with the Commission regarding a pending Rent-It Center, Inc. SUMMARY: The Advisory Committee was agreement. Rexene Products Co./El Paso Products established by Pub. L. 98–181, Agreement No.: 232–010786–008. Company (Rexene Corporation) November 30, 1983, to advise the Safelite Industries (Safelite Glass Corp.) Title: Contship Containerlines Export-Import Bank on its programs and Limited/Italia di Navigazione SPA Salt Lake City to provide comments for inclusion in Sears, Roebuck and Co. Space Charter and Sailing Agreement. the reports of the Export-Import Bank to Parties: Contship Containerlines Sherwin-Williams Company the United States Congress. Smith Flooring, Inc. Limited Italia di Navigazione S.P.A. South Seattle Community College Time and Place: Thursday, September 26, Synopsis: The proposed amendment 1996, at 9:30 a.m. to 12:00 noon. The meeting Southern Research Institute revises Article 5.7 by deleting the will be held at EX-IM Bank in Room 1143, Agreement’s authority to agree upon Southern University, Baton Rouge, and 811 Vermont Avenue, N.W., Washington, Southern University, New Orleans D.C. 20571. rates, rules, regulations and other tariff Southwall Technologies Agenda: The meeting agenda will include items. It also deletes Article 5.8. Spell Brothers Trucking a discussion of the following: Reports from Agreement No.: 232–011553. Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46465

Title: CSAV/Nacional Space Charter Board of Governors of the Federal Reserve Food and Drug Administration Agreement. System, August 27, 1996. [Docket No. 96E±0102] Parties: Compania Sud Americana de William W. Wiles Vapores (‘‘CSAV’’) Companhia Maritima Secretary of the Board. Determination of Regulatory Review Nacional (‘‘Nacional’’). Period for Purposes of Patent Synopsis: The proposed Agreement [FR Doc. 96–22281 Filed 8–30–96; 8:45 am] Extension; CEDAX Capsules permits Nacional to charter space on BILLING CODE 6210±01±F CSAV’s vessels and coordinate sailings AGENCY: Food and Drug Administration, in the trade between East Coast ports in HHS. South America and U.S. Atlantic Coast ACTION: Notice. ports and points. DEPARTMENT OF HEALTH AND HUMAN SERVICES Dated: August 28, 1996. SUMMARY: The Food and Drug Administration (FDA) has determined By Order of the Federal Maritime Centers for Disease Control and Commission. the regulatory review period for Prevention  Joseph C. Polking, CEDAX capsules and is publishing this notice of that determination as Secretary. Advisory Committee to the Director, required by law. FDA has made the [FR Doc. 96–22355 Filed 8–30–96; 8:45 am] Centers for Disease Control and determination because of the Prevention: Meeting BILLING CODE 6730±01±M submission of an application to the In accordance with section 10(a)(2) of Commissioner of Patents and Trademarks, Department of Commerce, FEDERAL RESERVE SYSTEM the Federal Advisory Committee Act (Pub. L. 92–463), the Centers for Disease for the extension of a patent which Change in Bank Control Notices; Control and Prevention (CDC) claims that human drug product. Acquisitions of Shares of Banks or announces the following committee ADDRESSES: Written comments and Bank Holding Companies meeting. petitions should be directed to the Dockets Management Branch (HFA– The notificants listed below have Name: Advisory Committee to the Director, 305), Food and Drug Administration, applied under the Change in Bank CDC. 12420 Parklawn Dr., rm. 1–23, Control Act (12 U.S.C. 1817(j)) and § Time and Date: 8:30 a.m.–3 p.m., Rockville, MD 20857. September 19, 1996. 225.41 of the Board’s Regulation Y (12 FOR FURTHER INFORMATION CONTACT: CFR 225.41) to acquire a bank or bank Place: CDC, Auditorium A, 1600 Clifton Road, NE, Atlanta, Georgia 30333. Brian J. Malkin, Office of Health Affairs holding company. The factors that are (HFY–20), Food and Drug considered in acting on the notices are Status: Open to the public, limited only by the space available. Administration, 5600 Fishers Lane, set forth in paragraph 7 of the Act (12 Rockville, MD 20857, 301–443–1382. U.S.C. 1817(j)(7)). Purpose: This committee advises the The notices are available for Director, CDC, on policy issues and broad SUPPLEMENTARY INFORMATION: The Drug immediate inspection at the Federal strategies that will enable CDC, the Nation’s Price Competition and Patent Term Reserve Bank indicated. Once the prevention agency, to fulfill its mission of Restoration Act of 1984 (Pub. L. 98–417) notices have been accepted for promoting health and quality of life by and the Generic Animal Drug and Patent processing, they will also be available preventing and controlling disease, injury, Term Restoration Act (Pub. L. 100–670) for inspection at the offices of the Board and disability. The Committee recommends generally provide that a patent may be of Governors. Interested persons may ways to incorporate prevention activities extended for a period of up to 5 years express their views in writing to the more fully into health care. It also provides so long as the patented item (human Reserve Bank indicated for that notice guidance to help CDC work more effectively drug product, animal drug product, or to the offices of the Board of with its various constituents, in both the medical device, food additive, or color Governors. Comments must be received private and public sectors, to make additive) was subject to regulatory not later than September 17, 1996. prevention a practical reality. review by FDA before the item was A. Federal Reserve Bank of Matters to be Discussed: Agenda items will marketed. Under these acts, a product’s Minneapolis (Karen L. Grandstrand, include updates from CDC Director, David regulatory review period forms the basis Vice President) 250 Marquette Avenue, Satcher, M.D., Ph.D., followed by committee for determining the amount of extension discussion on strategic thinking about the Minneapolis, Minnesota 55480: an applicant may receive. 1. Raye Plahn Revocable Trust future of CDC and public health, and on A regulatory review period consists of (Trustee is Ms. Raye Plahn), both of lessons from the Los Angeles measles vaccine two periods of time: A testing phase and study. Shell Lake, Wisconsin; to retain a total an approval phase. For human drug Agenda items are subject to change as of 10.52 percent of the voting shares of products, the testing phase begins when priorities dictate. the exemption to permit the clinical Shell Lake Bancorp, Inc., Shell Lake, Contact Person For More Information: Wisconsin, and thereby indirectly investigations of the drug becomes Linda Kay McGowan, Acting Executive effective and runs until the approval acquire Shell Lake State Bank, Shell Secretary, Advisory Committee to the phase begins. The approval phase starts Lake, Wisconsin. Director, CDC, 1600 Clifton Road, NE, M/S with the initial submission of an B. Federal Reserve Bank of Dallas D–24, Atlanta, Georgia 30333, telephone 404/ (Genie D. Short, Vice President) 2200 639–7080. application to market the human drug North Pearl Street, Dallas, Texas 75201- product and continues until FDA grants Dated: August 27, 1996. 2272: permission to market the drug product. 1. Joe Dan Coe, Winnsboro, Texas; to Carolyn J. Russell, Although only a portion of a regulatory retain a total of 14.09 percent of the Director, Management Analysis and Services review period may count toward the voting shares of Franklin National Office, Centers for Disease Control and actual amount of extension that the Bankshares, Inc., Mt. Vernon, Texas, Prevention (CDC). Commissioner of Patents and and thereby indirectly acquire Franklin [FR Doc. 96–22333 Filed 8–30–96; 8:45 am] Trademarks may award (for example, National Bank, Mt. Vernon, Texas. BILLING CODE 4163±18±M half the testing phase must be 46466 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices subtracted as well as any time that may 2. The date the application was Health Care Financing Administration have occurred before the patent was initially submitted with respect to the [BPD±842±NC] issued), FDA’s determination of the human drug product under section 507 length of a regulatory review period for of the Federal Food, Drug, and Cosmetic RIN 0938±AH70 a human drug product will include all Act (21 U.S.C. 357): December 20, 1991. Medicare Program; Schedule of of the testing phase and approval phase FDA has verified the applicant’s claim Prospectively Determined Payment as specified in 35 U.S.C. 156(g)(1)(B). that the new drug application (NDA) for Rates for Skilled Nursing Facility FDA recently approved for marketing CEDAX capsules (NDA 20–685) was the human drug product CEDAX Inpatient Routine Service Costs initially submitted on December 20, capsules (ceftibuten dihydrate). 1991. AGENCY: Health Care Financing CEDAX capsules is indicated for the Administration (HCFA), HHS. treatment of individuals with mild-to- 3. The date the application was moderate infections caused by approved: December 20, 1995. FDA has ACTION: Final notice with comment susceptible strains of the designated verified the applicant’s claim that NDA period. microorganisms in the specific 20–685 was approved on December 20, SUMMARY: This final notice with conditions: Acute Bacterial 1995. comment period sets forth the schedule Exacerbations of Chronic Bronchitis due This determination of the regulatory of payment rates for low Medicare to Haemophilus influenzae (including review period establishes the maximum volume skilled nursing facilities for B-lactamase-producing strains), potential length of a patent extension. prospective payments for routine Moraxella catarrhalis (including B- service costs for Federal fiscal year 1997 lactamase producing strains) or However, the U.S. Patent and Trademark Office applies several (cost reporting periods beginning on or Streptoccocus pneumoniae (penicillin- after October 1, 1996 and before October susceptible strains only), Acute statutory limitations in its calculations of the actual period for patent extension. 1, 1997). Section 1888(d) of the Social Bacterial Otitis Media due to H. Security Act requires the Secretary to influenzae (including B-lactamase In its application for patent extension, this applicant seeks 1,826 days of patent establish and publish the prospectively producing strains), M. catarrhalis determined payment rates 90 days prior (including B-lactamase producing term restoration. to the beginning of the affected Federal strains), or S. pyogenes, or Pharyngitis Anyone with knowledge that any of fiscal year. and Tonsillitis due to S. pyogenes. the dates as published is incorrect may, Subsequent to this approval, the Patent DATES: Effective date: The schedule of on or before November 4, 1996, submit payment rates is effective for cost and Trademark Office received a patent to the Dockets Management Branch term restoration application for reporting periods beginning on or after  (address above) written comments and October 1, 1996. CEDAX capsules (U.S. Patent No. 4, ask for a redetermination. Furthermore, 634,697) from Schering-Plough Corp. Comment date: Written comments any interested person may petition FDA, and the Patent and Trademark Office will be considered if we receive them at on or before March 3, 1997, for a requested FDA’s assistance in the appropriate address, as provided determining this patent’s eligibility for determination regarding whether the below, no later than 5:00 p.m. on patent term restoration. In a letter dated applicant for extension acted with due November 4, 1996. April 10, 1996, FDA advised the Patent diligence during the regulatory review ADDRESSES: Mail written comments (an and Trademark Office that this human period. To meet its burden, the petition original and three copies) to the drug product had undergone a must contain sufficient facts to merit an following address: Health Care regulatory review period and that the FDA investigation. (See H. Rept. 857, Financing Administration, Department approval of CEDAX capsules part 1, 98th Cong., 2d sess., pp. 41–42, of Health and Human Services, represented the first permitted 1984.) Petitions should be in the format Attention: BPD–842–NC, P.O. Box 7517, commercial marketing or use of the specified in 21 CFR 10.30. Baltimore, MD 21244–0517. If you prefer, you may deliver your product. Shortly thereafter, the Patent Comments and petitions should be written comments (an original and three and Trademark Office requested that submitted to the Dockets Management copies) to one of the following FDA determine the product’s regulatory Branch (address above) in three copies review period. addresses: Room 309–G, Hubert H. FDA has determined that the (except that individuals may submit Humphrey Building, 200 Independence applicable regulatory review period for single copies) and identified with the Avenue, SW, Washington, DC 20201, or CEDAX capsules is 3,065 days. Of this docket number found in brackets in the C5–09–26, 7500 Security Boulevard, time, 1,603 days occurred during the heading of this document. Comments Baltimore, MD 21244–1850. testing phase of the regulatory review and petitions may be seen in the Comments may also be submitted period, while 1,462 days occurred Dockets Management Branch between 9 electronically to the following e-mail during the approval phase. These a.m. and 4 p.m., Monday through address: BPD–842–[email protected]. E-mail periods of time were derived from the Friday. comments must include the full name following dates: Dated: August 16, 1996. and address of the sender and must be 1. The date an exemption under submitted to the referenced address in Stuart L. Nightingale, section 505(i) of the Federal Food, Drug, order to be considered. All comments and Cosmetic Act (21 U.S.C. 355(i)) Associate Commissioner for Health Affairs. must be incorporated in the e-mail became effective: August 1, 1987. The [FR Doc. 96–22285 Filed 8–30–96; 8:45 am] message because we may not be able to applicant claims August 2, 1987, as the BILLING CODE 4160±01±F access attachments. Electronically date the investigational new drug submitted comments will be available application (IND) became effective. for public inspection at the However, FDA records indicate that the Independence Avenue address, below. IND effective date was August 1, 1987, Because of staffing and resource which was 30 days after FDA receipt of limitations, we cannot accept comments the IND. by facsimile (FAX) transmission. In Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46467 commenting, please refer to file code set forth in section 1888(a) of the Act and data used that were in the Provider BPD–842–NC. Comments received with respect to the facility, adjusted to Reimbursement Manual. These timely will be available for public take into account average capital-related implementing regulations, effective on inspection as they are received, costs with respect to the type and August 21, 1995, appear at 42 CFR generally beginning approximately 3 location of the facility. The limit used 413.1, 413.24 and 413.300 through weeks after publication of a document, for this purpose is the applicable 413.321. in Room 309–G of the Department’s routine service cost limit in effect when Under the provisions of offices at 200 Independence Avenue, the provider elects to be paid under the § 413.312(a)(1), to calculate the SW, Washington, DC, on Monday prospectively determined payment prospectively determined payment through Friday of each week from 8:30 rates. rates, we use the SNF cost data that a.m. to 5 p.m. (phone: (202) 690–7890). For SNFs located in an urban area, the were used to develop the applicable Copies: To order copies of the Federal prospectively determined payment SNF inpatient routine service cost Register containing this document, send amount is equal to 105 percent of the limits, a wage index to adjust for area your request to: New Orders, mean of the per diem reasonable routine wage differences, and the most recent Superintendent of Documents, P.O. Box service and routine capital-related costs projections of increases in the costs 371954, Pittsburgh, PA 15250–7954. of services for SNFs in urban areas from the SNF market basket (inflation Specify the date of the issue requested within the same census region. The factors). Section 413.312(a)(2) provides and enclose a check or money order mean per diem is determined without that we will announce in the Federal payable to the Superintendent of regard to the limitations of section Register the wage index and the annual Documents, or enclose your Visa or 1888(a) of the Act and is adjusted for percentage increases in the market Master Card number and expiration different area wage levels. basket used in the calculation of the date. Credit card orders can also be For SNFs located in a rural area, the rates. In addition, § 413.320 provides placed by calling the order desk at (202) prospectively determined payment that at least 90 days before the 512–1800 or by faxing to (202) 512– amount is equal to 105 percent of the beginning of a Federal fiscal year to 2250. The cost for each copy is $8.00. mean of the per diem reasonable routine which revised prospectively determined As an alternative, you can view and service and routine capital-related costs payment rates are to be applied, HCFA photocopy the Federal Register of covered services for SNFs in rural will publish a notice in the Federal document at most libraries designated areas within the same census region. Register establishing the rates for as Federal Depository Libraries and at The mean per diem is determined routine services and explaining the many other public and academic without regard to the limitations of basis on which the rates are calculated. libraries throughout the country that section 1888(a) of the Act and is This notice announces the schedule of receive the Federal Register. adjusted for different area wage levels. payment rates for prospective payments Prior to the enactment of the Omnibus for routine service costs in Federal fiscal FOR FURTHER INFORMATION CONTACT: Budget Reconciliation Act of 1993 year 1997 (cost reporting periods Joseph Menning (410) 786–4594. (OBRA 1993; Public Law 103–66), we beginning on or after October 1, 1996 SUPPLEMENTARY INFORMATION: published guidelines specifying the and before October 1, 1997) for low methodology and data used and the I. Background Medicare volume SNFs that elect this actual prospectively determined method of payment. This notice Section 1888 of the Social Security payment rates annually in the Medicare represents the first schedule of Act (the Act) sets forth the statutory Provider Reimbursement Manual (HCFA prospectively determined payment rates requirements concerning Medicare Pub. 15–1). The general requirements published in a Federal Register notice payments to skilled nursing facilities for the rates were included under after the effective date of the July 1995 (SNFs) for their routine service costs for sections 2820 and 2821 of the manual implementing regulations. In addition, services furnished to Medicare and the actual rates, the most recent this notice includes the inflation factors beneficiaries. Most SNFs are paid on a effective for Federal fiscal year 1993, to update the routine service cost limits reasonable cost basis up to a schedule were in section 2828 of the manual. applicable for Federal fiscal year 1997, of routine service per diem cost limits Section 13503(b) of OBRA 1993 which are necessary to compute a SNF’s established in accordance with the prohibited changes to the Federal fiscal prospectively determined payment rate. general reasonable cost provisions of year 1993 prospectively determined section 1861(v)(1) of the Act and the payment rates paid under section II. Update of the Schedule of specific SNF payment provisions of 1888(d) of the Act for services furnished Prospectively Determined Payment section 1888 of the Act. However, under during cost reporting periods beginning Rates the provision at section 1888(d) of the in Federal fiscal year 1994 and in As mentioned earlier, the statute Act, for cost reporting periods beginning Federal fiscal year 1995, except as may provided that both the SNF routine on or after October 1, 1986, a SNF with be necessary to take into account the service cost limits and the prospectively fewer than 1,500 Medicare covered days amendments made by section 13503(c). determined payment rates be frozen at in a given cost reporting period may Section 13503(c) of OBRA 1993 the Federal fiscal year 1993 amounts for choose to receive payment based on a amended sections 1861(v)(1)(B) and cost reporting periods beginning in prospectively determined payment rate 1878(f)(2) of the Act by eliminating Federal fiscal year 1994 and in Federal in the subsequent cost reporting period. return on owner’s equity for services fiscal year 1995. As a result of these The prospectively determined payment furnished on or after October 1, 1993. rates and limits remaining at the Federal rates for low Medicare volume SNFs are On July 21, 1995, we published in the fiscal year 1993 levels, the Medicare established on a per diem basis and Federal Register a final rule (60 FR program experienced a savings in include payment for the cost of 37590) that codified in the Code of Medicare trust funds. We had furnishing general inpatient routine Federal Regulations the statutory anticipated that, because of these prior services and capital-related costs requirements for the optional years’ savings, we would have associated with routine services. prospectively determined payment legislative support to preserve these The per diem amounts may not system for low Medicare volume SNFs program savings for Federal fiscal year exceed the limit on routine service costs and the guidelines on the methodology 1996 and later. We expected to do this 46468 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices by trending the Federal fiscal year 1993 Tables I and II under section IV. of basket’’ of the most commonly used limits and rates to cost reporting periods this notice contain the Federal fiscal categories of SNF routine service beginning in Federal fiscal year 1996, year 1997 prospectively determined expenses. The categories used are based except that the inflation factors for payment rates. Table III under section primarily on those used in the National Federal fiscal year 1994 and Federal IV. of this notice contains the Federal Center for Health Statistics in its fiscal year 1995 would not be included. fiscal year 1997 routine service cost National Nursing Home Surveys. The However, such legislation has not been limits. Table IV under section IV. of this categories are weighted according to the enacted. Therefore, in the interim for notice contains the monthly inflation estimated proportion of SNF routine Federal fiscal year 1996, we provided factors to be applied to full 12 month service cost attributable to each the Medicare intermediaries with cost reporting periods beginning in category. The Appendix to this notice updated Federal fiscal year 1996 limits Federal fiscal year 1997. specifies the weights used in each and rates by trending the Federal fiscal III. Methodology for Determining category. 1993 data to Federal fiscal 1996 by We are adjusting the cost report data Prospectively Determined Per Diem using the projected inflation factors and Payment Rates described above using the most recent the methodology described in the available inflation factors shown below. October 7, 1992 Federal Register notice The schedule of rates set forth in These inflation factors are similar to (57 FR 46177) that announced the Tables I and II under section IV. of this those used in the May 1996 notification Federal fiscal year 1993 limits notice applies to all SNFs that qualify to the intermediaries described in (including the inflation factors for and request to receive the optional section II. of this notice. These inflation Federal fiscal years 1994 and 1995). prospective payment rate for routine factors, representing the annual In addition, in May 1996, we services under the provisions of subpart percentage increases in the market provided all Medicare intermediaries I of part 413. Under § 413.314(d), a basket over the previous year, are: with revisions to the Federal fiscal year SNF’s prospective payment rate, excluding capital-related costs, cannot 1988 ...... 5.1 1993 cost limits and prospectively 1989 ...... 6.6 determined payment rates that reflected exceed its actual routine service cost 1990 ...... 6.3 corrections to the projected inflation limit (without regard to exceptions, 1991 ...... 4.4 factors used in the October 7, 1992 exemptions, or retroactive adjustments) 1992 ...... 3.8 notice. (An explanation of the in effect at the time of the election to be 1993 ...... 3.7 circumstances under which HCFA paid a prospectively determined 1994 ...... 3.4 corrects projected inflation factors is in payment rate. The prospectively 1995 ...... 2.9 the October 7, 1992 notice (57 FR 46179 determined payment rate is in place of 1996 ...... 2.9 through 46180).) These revised Federal payment that would otherwise be made 1997 ...... 3.2 fiscal year 1993 limits and rates were for routine service costs and associated 1998 ...... 3.4 also used to compute updated limits capital-related costs under section If a facility has a cost reporting period and rates for cost reporting periods 1861(v) of the Act. There are no beginning in a month after October 1, beginning in Federal fiscal year 1996. retroactive adjustments to these rates 1996, the intermediary increases the However, these revisions did not affect and under § 413.308(c), an SNF may not adjusted routine operating portion of the prospectively determined payment rates revoke its request to be paid under this rate that otherwise apply to the SNF by issued before the May 1996 notification provision after it has received the initial the factor from Table IV of this notice to the intermediaries. determination of eligibility from the that corresponds to the month and year In developing the prospectively intermediary and the cost reporting in which the cost reporting period determined payment rates effective with period has begun. begins. Each factor represents the this notice, we are using the basic compounded monthly increase derived methodology and cost report data A. Data from the annual increase in the market specified in § 413.312 of the regulations The actual cost data used to develop basket index and is used to account for (and described in section 2828 of the the prospectively determined payment inflation in costs that occur after the Provider Reimbursement Manual). We rates for cost reporting periods date on which the prospective payment will continue to use the same wage beginning in FY 1993 were obtained rates are effective. indexes and the same urban and rural from settled freestanding SNF Medicare If a facility uses a cost reporting designations used to compute the cost reports for periods ending on or period that is not 12 months in Federal fiscal year 1993 cost limits and after June 30, 1989, and through May 31, duration, a special adjustment factor prospectively determined rates, as 1990. Comparable data for hospital- will be calculated. This is necessary specified in the October 7, 1992 Federal based SNFs were obtained from settled because market basket increases are Register notice and described in section Medicare cost reports for periods ending computed to the midpoint of a cost 2828 of the Provider Reimbursement on or after October 31, 1988, and reporting period and the adjustment Manual, respectively. In addition, we through September 30, 1989. We are factors in Table IV of this notice are will continue to provide a per diem add- continuing to use the same cost report based on an assumed 12-month cost on to the prospectively determined data to develop the prospectively reporting period. For cost reporting payment rates to account for costs determined payment rates in this notice. periods of other than 12 months, the incurred by SNFs in complying with the calculation is done for the midpoint of B. Use of the Most Recent Available nursing home reform provisions the specific cost reporting period. The Inflation Factors specified in section 1819 of the Act SNF’s intermediary obtains this (enacted by OBRA 1987), including the We are continuing to use the SNF adjustment factor from HCFA central costs of conducting nurse aide training input price market basket index office. and competency evaluations, and for (inflation factor) to adjust the cost report costs associated with the Occupational data to the initial cost reporting period C. Use of Wage Index to Adjust Labor- Safety and Health Administration to which the prospectively determined Related Cost (OSHA) universal precaution payment rates apply. The inflation We are continuing to use the hospital requirements. factors are comprised of a ‘‘market industry wage index to account for area Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46469 wage differences. We are continuing to and Budget (OMB), with exceptions for prospectively determined payment rates apply the wage index to five categories certain New England County for cost reporting periods beginning in of labor-related costs: wages, employee Metropolitan Areas (NECMAs), as Federal fiscal year 1997 is $2.06. (For benefits, health service costs, business described in a notice published in the cost limit purposes, the per diem add- service costs, and other miscellaneous Federal Register on April 1, 1991 (56 FR on is $2.20 for Federal fiscal year 1997.) costs. The portion of labor-related costs 13319)). The term ‘‘rural area’’ means an remains at the level of 83.1 percent. In area outside of an MSA. F. Comparison of Provider’s Prospective addition, the same wage index values Payment Rate with Provider’s Cost Limit E. Use of OBRA 1987 and OSHA Per and urban/rural designations, as shown Diem Add-on in Tables V and VI of this notice, are to Below is an example of the be applied to the labor-related portion of Section 1861(v)(1)(E) of the Act calculation of the prospectively the prospectively determined payment provides for payment for costs incurred determined payment rate for a provider rates in this notice. (These are the same by SNFs in complying with the nursing including the comparison of the wage index values and urban/rural home reform provisions specified in adjusted routine operating portion of the designations shown in the October 7, section 1819 of the Act, including the rate with the applicable routine 1992 cost limit notice and section 2828 costs of conducting nurse aide training operating cost limit applicable to the of the Provider Reimbursement and competency evaluations (referred to specific provider. The capital-related Manual.) as the OBRA 1987 nursing home component of the rate is added to the reform). Since the cost report data used lower of the SNF’s specific cost limit or D. Use of Classification System in this notice does not account for the its adjusted routine operating portion of We will retain the classification costs of implementing the OBRA 1987 the rate to arrive at the provider’s actual system based on grouping SNFs by nursing home reform provisions, we prospectively determined payment rate. census regions and by urban or rural will continue to provide a per diem add- area designation within the region. As on for these costs. In addition, we will Example: In this case, the adjusted required by sections 1888(d)(3) and continue to provide a per diem add-on cost limit is less than the adjusted 1886(d)(2)(D) of the Act, the term for the costs associated with the routine operating portion of the rate for ‘‘region’’ means one of the nine census Occupational Safety and Health a freestanding SNF located in divisions, comprising the fifty States Administration (OSHA) universal Providence, Rhode Island (MSA Region and the District of Columbia, precaution requirements. A detailed 1), with a cost reporting period established by the Bureau of Census for description of the derivation of the per beginning January 1, 1997. Therefore, statistical and reporting purposes. The diem add-on is contained in section the prospectively determined payment term ‘‘urban area’’ means an area within 2828 of the Provider Reimbursement rate for this SNF is the adjusted cost a Metropolitan Statistical Area (MSA) Manual. The amount of the OBRA/ limit plus the capital-related component (as defined by the Office of Management OSHA per diem add-on to determine of the rate ($126.12).

Labor-relat- Non-labor Capital-re- ed compo- related lated com- nent component ponent

Limit (From Table III) ...... $88.45 $18.99 ...... Rate (From Table I) ...... $116.46 $22.21 $10.00

CALCULATION OF PROSPECTIVE PAYMENT RATE

Limit Rate Rate source

Labor-Related Component ...... $88.45 $116.46 (Table I). Wage Index ...... ×1.0630 ×1.0630 (Table V). Adjusted Labor Component ...... $94.02 $123.80 Ð Non-Labor Component ...... $18.99 22.21 (Table I). OBRA/OSHA Per Diem Add-on ...... +$2.20 +$2.06 (Sec III.E). Adjusted Limit/Rate ...... $115.21 $148.07 Ð Cost Reporting Year Adjustment Factor ...... ×1.00796 ×1.00796 (Table IV). Applicable Limit and Operating Rate Portion ...... $116.12 $149.25 Ð Capital-Related Component ...... +10.00 Ð (Table I). Prospectively Determined Payment Rate ...... $126.12 ÐÐ

TABLE I.ÐPROSPECTIVE RATESÐMSA LOCATIONS, EFFECTIVE FOR COST REPORTING PERIODS BEGINNING IN FY 1997

1 Labor-relat- Nonlabor- Capital-re- Region ed related lated

1. New England (CT, ME, MA, NH, RI, VT) ...... $116.46 $22.21 $10.00 2. Middle Atlantic (PA, NJ, NY) ...... 112.33 20.30 9.79 3. South Atlantic (DE, DC, FL, GA, MD, NC, SC, VA, WV) ...... 100.69 16.19 9.81 4. East North Central (IL, IN, MI, OH, WI) ...... 95.68 15.90 9.18 5. East South Central (AL, KY, MS, TN) ...... 96.25 14.16 7.32 6. West North Central (IA, KS, MN, MO, NB, ND, SD) ...... 102.64 17.05 10.23 7. West South Central (AR, LA, OK, TX) ...... 89.81 14.03 10.06 46470 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

TABLE I.ÐPROSPECTIVE RATESÐMSA LOCATIONS, EFFECTIVE FOR COST REPORTING PERIODS BEGINNING IN FY 1997Ð Continued

1 Labor-relat- Nonlabor- Capital-re- Region ed related lated

8. Mountain (AZ, CO, ID, MT, NV, NM, UT, WY) ...... 106.86 18.25 13.04 9. Pacific (AK, CA, HI, OR, WA) ...... 97.24 19.93 8.40 1 There are 16 MSAs that have counties in two or more regions. For each of these MSAs, the region in which a majority of the SNFs are located determines the regional rate that is paid as shown below. This is the same methodology as that used to implement the requirements of section 1886(d)(2)(D) of the Act as they apply to the hospital prospective payment.

The MSAs are as follows:

MSA Region

Chattanooga, TN±GA ...... 5 Cincinnati, OH±KY±IN ...... 4 Columbus, GA±AL ...... 3 Davenport-Rock Island-Moline, IA±IL ...... 4 Duluth-Superior, MN±WI ...... 6 Evansville-Henderson, IN±KY ...... 4 Huntington-Ashland, WV±KY±OH ...... 3 Johnson City-Kingsport-Bristol, TN±VA ...... 5 Louisville, KY±IN ...... 5 Memphis, TN±AR±MS ...... 5 Minneapolis-St. Paul, MN±WI ...... 6 Parkersburg-Marietta, WV±OH ...... 3 St. Louis, MO±IL ...... 6 Steubenville-Weirton, OH±WV ...... 4 Wheeling, WV±OH ...... 3 Wilmington-Newark, DE±NJ±MD ...... 3

TABLE II.ÐPROSPECTIVE RATESÐNON-MSA LOCATIONS EFFECTIVE FOR COST REPORTING PERIODS BEGINNING IN FY 1997

Labor-relat- Nonlabor- Capital-re- Region ed related lated

1. New England (CT, ME, MA, NH, RI, VT) ...... $125.72 $20.96 $10.58 2. Middle Atlantic (PA, NJ, NY) ...... 117.44 16.86 7.94 3. South Atlantic (DE, DC, FL, GA, MD, NC, SC, VA, WV) ...... 111.02 15.09 9.19 4. East North Central (IL, IN, MI, OH, WI) ...... 104.72 14.62 8.28 5. East South Central (AL, KY, MS, TN) ...... 105.49 13.28 6.77 6. West North Central (IA, KS, MN, MO, NB, ND, SD) ...... 108.01 14.37 6.66 7. West South Central (AR, LA, OK, TX) ...... 102.51 13.03 9.22 8. Mountain (AZ, CO, ID, MT, NV, NM, UT, WY) ...... 107.03 15.69 8.36 9. Pacific (AK, CA, HI, OR, WA) ...... 119.77 20.11 10.16

TABLE III.ÐROUTINE SERVICE COST LIMITS IN EFFECT FOR COST REPORTING PERIODS BEGINNING IN FEDERAL FISCAL YEAR 1997

Labor-relat- Non-labor- OBRA/ Provider type/location ed compo- related OSHA add- nent component ons

Freestanding: ...... $2.20 MSA ...... $88.45 $18.99 Non-MSA ...... 89.81 15.16 Hospital based: ...... 2.20 MSA limit ...... 124.76 26.45 Non-MSA limit ...... 114.31 19.01 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46471

TABLE IV.ÐCOST REPORTING YEAR TABLE VÐWAGE INDEX FOR URBAN TABLE VÐWAGE INDEX FOR URBAN ADJUSTMENT FACTORS 1 EFFECTIVE AREASÐContinued AREASÐContinued FOR COST REPORTING PERIODS BE- GINNING IN FY 1997 Urban area (constituent counties Wage Urban area (constituent counties Wage or county equivalents) index or county equivalents) index

The ad- Anderson, SC Ascension, LA If an SNF cost reporting period justment begins: factor is: Ann Arbor, MI ...... 1.1384 East Baton Rouge, LA Washtenaw, MI Livingston, LA November 1, 1996 ...... 1.00268 Anniston, AL ...... 0.7931 West Baton Rouge, LA December 1, 1996 ...... 1.00528 Calhoun, AL Battle Creek, MI ...... 0.9465 January 1, 1997 ...... 1.00796 Appleton-Oshkosh-Neenah, WI .... 0.9179 Calhoun, MI February 1, 1997 ...... 1.01083 Calumet, WI Beaumont-Port Arthur, TX ...... 0.9604 March 1, 1997 ...... 1.01343 Outagamie, WI Hardin, TX April 1, 1997 ...... 1.01631 Winnebago, WI Jefferson, TX May 1, 1997 ...... 1.01910 Arecibo, PR ...... 0.3953 Orange, TX June 1, 1997 ...... 1.02200 Arecibo, PR Beaver County, PA ...... 1.0165 July 1, 1997 ...... 1.02481 Camuy, PR Beaver, PA August 1, 1997 ...... 1.02773 Hatillo, PR Bellingham, WA ...... 1.0497 September 1, 1997 ...... 1.03066 Quebradillas, PR Whatcom, WA Asheville, NC ...... 0.8739 Benton Harbor, MI ...... 0.8406 1 Based on compounded actual market bas- Buncombe, NC Berrien, MI ket inflation rates of 3.70 percent for 1993, Athens, GA ...... 0.8209 Bergen-Passaic, NJ ...... 1.0295 3.40 percent for 1994 and projected rates of Clarke, GA Bergen, NJ 2.90 percent for 1995, 2.90 percent for 1996, Passaic, NJ 3.20 percent for 1997, and 3.40 percent for Jackson, GA 1998. Madison, GA Billings, MT ...... 0.9325 Oconee, GA Yellowstone, MT Biloxi-Gulfport, MS ...... 0.8062 TABLE VÐWAGE INDEX FOR URBAN Atlanta, GA ...... 0.9596 Barrow, GA Hancock, MS AREAS Butts, GA Harrison, MS Cherokee, GA Binghamton, NY ...... 0.9260 Urban area (constituent counties Wage Broome, NY or county equivalents) index Clayton, GA Cobb, GA Tioga, NY Birmingham, AL ...... 0.8769 Abilene TX ...... 0.9220 Coweta, GA De Kalb, GA Blount, AL Taylor, TX Jefferson, AL Aguadilla, PR ...... 0.4568 Douglas, GA Fayette, GA Saint Clair, AL Aguada, PR Shelby, AL Aguadilla, PR Forsyth, GA Fulton, GA Walker, AL Isabella, PR Bismarck, ND ...... 0.8812 Moca, PR Gwinnett, GA Henry, GA Burleigh, ND Akron, OH ...... 0.9493 Morton, ND Portage, OH Newton, GA Paulding, GA Bloomington, IN ...... 0.8639 Summit, OH Monroe, IN Rockdale, GA Albany, GA ...... 0.8050 Bloomington-Normal, IL ...... 0.8658 Spalding, GA Dougherty, GA McLean, IL Walton, GA Lee, GA Boise City, ID ...... 0.9757 Atlantic City, NJ ...... 1.0507 Albany-Schenectady-Troy, NY ..... 0.8922 Ada, ID Atlantic City , NJ Albany, NY Boston-Lawrence-Salem-Lowell- Greene, NY Cape May, NJ Brockton, MA ...... 1.1809 Montgomery, NY Augusta, GA±SC ...... 0.9401 Essex, MA Rensselaer, NY Columbia, GA Middlesex, MA Saratoga, NY McDuffie, GA Norfolk, MA Schenectady, NY Richmond, GA Plymouth, MA Albuquerque, NM ...... 1.0123 Aiken, SC Suffolk, MA Bernalillo, NM Aurora-Elgin, IL ...... 0.9665 Boulder-Longmont, CO ...... 1.0149 Alexandria, LA ...... 0.8275 Kane, IL Boulder, CO Rapides, LA Kendall, IL Bradenton, FL ...... 0.9262 Allentown-Bethlehem, PA±NJ ...... 0.9857 Austin, TX ...... 0.9599 Manatee, FL Warren, NJ Hays, TX Brazoria, TX ...... 0.9314 Carbon, PA Travis, TX Brazoria, TX Lehigh, PA Williamson, TX Bremerton, WA ...... 0.9535 Northampton, PA Bakersfield, CA ...... 1.0868 Kitsap, WA Altoona, PA ...... 0.9238 Kern, CA Bridgeport-Stamford-Norwalk-Dan- Blair, PA Baltimore, MD ...... 1.0156 bury ...... 1.2032 Amarillo, TX ...... 0.8739 Anne Arundel, MD Fairfield, CT Potter, TX Baltimore, MD Brownsville-Harlingen, TX ...... 0.8601 Randall, TX Baltimore City, MD Cameron, TX Anaheim-Santa Ana, CA ...... 1.2130 Carroll, MD Bryan-College Station, TX ...... 0.9489 Orange, CA Harford, MD Brazos, TX Anchorage, AK ...... 1.4176 Howard, MD Buffalo, NY ...... 0.8908 Anchorage, AK Queen Annes, MD Erie, NY Anderson, IN ...... 0.9583 Bangor, ME ...... 0.9064 Burlington, NC ...... 0.7986 Madison, IN Penobscot, ME Alamance, NC Anderson, SC ...... 0.7258 Baton Rouge, LA ...... 0.9089 Burlington, VT ...... 0.9358 46472 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

TABLE VÐWAGE INDEX FOR URBAN TABLE VÐWAGE INDEX FOR URBAN TABLE VÐWAGE INDEX FOR URBAN AREASÐContinued AREASÐContinued AREASÐContinued

Urban area (constituent counties Wage Urban area (constituent counties Wage Urban area (constituent counties Wage or county equivalents) index or county equivalents) index or county equivalents) index

Chittenden, VT Cuyahoga, OH Lapeer, MI Grand Isle, VT Geauga, OH Livingston, MI Caguas, PR ...... 0.4479 Lake, OH Macomb, MI Caguas, PR Medina, OH Monroe, MI Gurabo, PR Colorado Springs, CO ...... 0.9816 Oakland, MI San Lorenz, PR El Paso, CO Saint Clair, MI Wayne, MI Aguas Buenas, PR Columbia, MO ...... 0.9506 Dothan, AL ...... 0.7555 Cayey, PR Boone, MO Dale, AL Columbia, SC ...... 0.8940 Cidra, PR Houston, AL Canton, OH ...... 0.8811 Lexington, SC Dubuque, IA ...... 0.8374 Carroll, OH Richland, SC Dubuque, IA Stark, OH Columbus, GA±AL ...... 0.7482 Duluth, MN±WI ...... 0.9517 Casper, WY ...... 0.8891 Russell, AL St. Louis, MN Natrona, WY Chattanoochee, GA Douglas, WI Cedar Rapids, IA ...... 0.8907 Muscogee, GA Eau Claire, WI ...... 0.8478 Linn, IA Columbus, OH ...... 0.9673 Chippewa, WI Champaign-Urbana-Rantoul, IL .... 0.8745 Delaware, OH Eau Claire, WI Champaign, IL Fairfield, OH El Paso, TX ...... 0.8714 Charleston, SC ...... 0.8331 Franklin, OH El Paso, TX Berkeley, SC Licking, OH Elkhart-Goshen, IN ...... 0.8949 Charleston, SC Madison, OH Elkhart, IN Elmira, NY ...... 0.8810 Dorchester, SC Pickaway, OH Chemung, NY Charleston, WV ...... 0.9692 Union, OH Corpus Christi, TX ...... 0.8594 Enid, OK ...... 0.8912 Kanawha, WV Garfield, OK Putnam, WV Nueces, TX San Patricio, TX Erie, PA ...... 0.9155 Charlotte-Gastonia-Rock Hill, NC± Erie, PA SC ...... 0.9486 Cumberland, MD±WV ...... 0.8188 Allegany, MD Eugene-Springfield, OR ...... 1.0164 Cabarrus, NC Lane, OR Mineral, WV Gaston, NC Evansville, IN±KY ...... 0.9276 Dallas, TX ...... 0.9638 Lincoln, NC Posey, IN Collin, TX Mecklenburg, NC Vanderburgh, IN Dallas, TX Rowan, NC Warrick, IN Denton, TX Union, NC Henderson, KY Ellis, TX York, SC Fargo-Moorhead, ND±MN ...... 0.9707 Kaufman, TX Charlottesville, VA ...... 0.9615 Clay, MN Rockwall, TX Albermarle, VA Cass, ND Danville, VA ...... 0.7506 Charlottesville City, VA Fayetteville, NC ...... 0.8296 Danville City, VA Cumberland, NC Fluvanna, VA Pittsylvania, VA Fayetteville-Springdale, AR ...... 0.7990 Greene, VA Davenport-Rock Island-Moline, Washington, AR Chattanooga, TN±GA ...... 0.9198 IA±IL ...... 0.8471 Flint, MI ...... 1.1544 Catoosa, GA Scott, IA Genesee, MI Dade, GA Henry, IL Florence, AL ...... 0.7679 Walker, GA Rock Island, IL Colbert, AL Hamilton, TN Dayton-Springfield, OH ...... 0.9664 Lauderdale, AL Marion, TN Clark, OH Florence, SC ...... 0.8429 Sequatchie, TN Greene, OH Florence, SC Cheyenne, WY ...... 0.7908 Miami, OH Fort Collins-Loveland, CO ...... 1.0238 Laramie, WY Montgomery, OH Larimor, CO Chicago, IL ...... 1.0518 Daytona Beach, FL ...... 0.8943 Ft Lauderdale-Hollywood-Pom- Cook, IL Volusia, FL pano Beach, FL ...... 1.0356 Broward, FL Du Page, IL Decatur, AL ...... 0.7487 Fort Myers-Cape Coral, FL ...... 0.9799 McHenry, IL Lawrence, AL Chico, CA ...... 1.0981 Lee, FL Morgan, AL Fort Pierce, FL ...... 1.1041 Butte, CA Decatur, IL ...... 0.8286 Martin, FL Cincinnati, OH±KY±IN ...... 0.9821 Macon, IL St. Lucie, FL Dearborn, IN Denver, CO ...... 1.0758 Fort Smith, AR±OK ...... 0.7931 Boone, KY Adams, CO Crawford, AR Campbell, KY Arapahoe, CO Sebastian, AR Kenton, KY Denver, CO Sequoyah, OK Clermont, OH Douglas, CO Fort Walton Beach, FL ...... 0.8916 Hamilton, OH Jefferson, CO Okaloosa, FL Warren, OH Des Moines, IA ...... 0.9171 Fort Wayne, IN ...... 0.8901 Clarksville-Hopkinsville, TN±KY ... 0.7319 Dallas, IA Allen, IN Christian, KY Polk, IA De Kalb, IN Montgomery, TN Warren, IA Whitley, IN Cleveland, OH ...... 1.0739 Detroit, MI ...... 1.0824 Forth Worth-Arlington, TX ...... 0.9747 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46473

TABLE VÐWAGE INDEX FOR URBAN TABLE VÐWAGE INDEX FOR URBAN TABLE VÐWAGE INDEX FOR URBAN AREASÐContinued AREASÐContinued AREASÐContinued

Johnson, TX Fort Bend, TX Johnson, KS Parker, TX Harris, TX Leavenworth, KS Tarrant, TX Liberty, TX Miami, KS Fresno, CA ...... 1.0737 Montgomery, TX Wyandotte, KS Fresno, CA Waller, TX Cass, MO Gadsden, AL ...... 0.8199 Huntington-Ashland, WV±KY±OH 0.9438 Clay, MO Etowah, AL Boyd, KY Jackson, MO Gainesville, FL ...... 0.8798 Carter, KY Lafayette, MO Greenup, KY Platte, MO Alachua, FL Lawrence, OH Ray, MO Bradford, FL Cabell, WV Kenosha, WI ...... 0.8855 Galveston-Texas City, TX ...... 0.9431 Wayne, WV Kenosha, WI Galveston, TX Huntsville, AL ...... 0.8835 Killeen-Temple, TX ...... 1.1295 Gary-Hammond, IN ...... 0.9866 Madison, AL Bell, TX Lake, IN Indianapolis, IN ...... 0.9663 Coryell, TX Porter, IN Boone, IN Knoxville, TN ...... 0.8693 Glens Falls, NY ...... 0.9231 Hamilton, IN Anderson, TN Warren, NY Hancock, IN Blount, TN Washington, NY Hendricks, IN Grainger, TN Grand Forks, ND ...... 0.9577 Johnson, IN Jefferson, TN Grand Forks, ND Marion, IN Knox, TN Grand Rapids, MI ...... 0.9883 Morgan, IN Sevier, TN Kent, MI Shelby, IN Union, TN Ottawa, MI Iowa City, IA ...... 0.9528 Kokomo, IN ...... 0.9435 Great Falls, MT ...... 0.9992 Johnson, IA Howard, IN Cascade, MT Jackson, MI ...... 0.9664 Tipton, IN Greeley, CO ...... 0.9358 Jackson, MI LaCrosse, WI ...... 0.8956 Weld, CO Jackson, MS ...... 0.7733 LaCrosse, WI Hinds, MS Lafayette, LA ...... 0.8227 Green Bay, WI ...... 0.9585 Madison, MS Lafayette, LA Brown, WI Rankin, MS St. Martin, LA Greensboro-Winston-Salem-High Jackson, TN ...... 0.7910 Lafayette, IN ...... 0.8432 Point, NC ...... 0.9165 Madison, TN Tippecanoe, IN Davidson, NC Jacksonville, FL ...... 0.9051 Lake Charles, LA ...... 0.8374 Davie, NC Clay, FL Calcasieu, LA Forsyth, NC Duval, FL Lake County, IL ...... 0.9994 Guilford, NC Nassau, FL Lake, IL Randolph, NC St. Johns, FL Lakeland-Winter Haven, FL ...... 0.8171 Stokes, NC Jacksonville, NC ...... 0.7154 Polk, FL Yadkin, NC Onslow, NC Lancaster, PA ...... 0.9258 Greenville-Spartanburg, SC ...... 0.8923 Jamestown-Dunkirk, NY ...... 0.7735 Lancaster, PA Greenville, SC Chautaqua, NY Lansing-East Lansing, MI ...... 1.0222 Pickens, SC Janesville-Beloit, WI ...... 0.8466 Clinton, MI Spartanburg, SC Rock, WI Eaton, MI Hagerstown, MD ...... 0.9157 Jersey City, NJ ...... 1.0526 Ingham, MI Washington, MD Hudson, NJ Laredo, TX ...... 0.7278 Hamilton-Middletown, OH ...... 0.9384 Johnson City-Kingsport-Bristol, Webb, TX Butler, OH TN±VA ...... 0.8668 Las Cruces, NM ...... 0.7909 Harrisburg-Lebanon-Carlisle, PA 0.9919 Carter, TN Dona Ana, NM Cumberland, PA Hawkins, TN Las Vegas, NV ...... 1.0631 Dauphin, PA Sullivan, TN Clark, NV Lebanon, PA Unicoi, TN Lawrence, KS ...... 0.8937 Washington, TN Douglas, KS Perry, PA Bristol City, VA Lawton, OK ...... 0.8388 Hartford-Middletown-New Britain- Scott, VA Comanche, OK Bristol, CT ...... 1.1916 Washington, VA Lewiston-Auburn, ME ...... 0.9057 Hartford, CT Johnstown, PA ...... 0.9067 Androscoggin, ME Litchfield, CT Cambria, PA Lexington-Fayette, KY ...... 0.8446 Middlesex, CT Somerset, PA Bourbon, KY Tolland, CT Joliet, IL ...... 1.0278 Clark, KY Hickory, NC ...... 0.8741 Grundy, IL Fayette, KY Alexander, NC Will, IL Jessamine, KY Burke, NC Joplin, MO ...... 0.7957 Scott, KY Catawba, NC Jasper, MO Woodford, KY Honolulu, HI ...... 1.1580 Newton, MO Lima, OH ...... 0.8062 Honolulu, HI Kalamazoo, MI ...... 1.1709 Allen, OH Houma-Thibodaux, LA ...... 0.7344 Kalamazoo, MI Auglaize, OH Lafourche, LA Kankakee, IL ...... 0.8489 Lincoln, NE ...... 0.8956 Terrebonne, LA Kankakee, IL Lancaster, NE Houston, TX ...... 0.9935 Kansas City, KS±MO ...... 0.9588 Little Rock-North Little Rock, AR 0.8420 46474 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

TABLE VÐWAGE INDEX FOR URBAN TABLE VÐWAGE INDEX FOR URBAN TABLE VÐWAGE INDEX FOR URBAN AREASÐContinued AREASÐContinued AREASÐContinued

Faulkner, AR Milwaukee, WI Bronx, NY Lonoke, AR Ozaukee, WI Kings, NY Pulaski, AR Washington, WI New York City, NY Saline, AR Waukesha, WI Putnam, NY Longview-Marshall, TX ...... 0.8691 Minneapolis-St Paul, MN±WI ...... 1.0818 Queens, NY Gregg, TX Anoka, MN Richmond, NY Rockland, NY Harrison, TX Carver, MN Westchester, NY Lorain-Elyria, OH ...... 0.8969 Chisago, MN Lorain, OH Newark, NJ ...... 1.1232 Dakota, MN Essex, NJ Los Angeles-Long Beach, CA ...... 1.2354 Hennepin, MN Los Angeles, CA Morris, NJ Isanti, MN Sussex, NJ Louisville, KY±IN ...... 0.9092 Ramsey, MN Clark, IN Union, NJ Scott, MN Niagara Falls, NY ...... 0.8382 Floyd, IN Washington, MN Niagara, NY Harrison, IN Wright, MN Norfolk-Virginia Beach-Newport Bullitt, KY St. Croix, WI News, VA ...... 0.8515 Jefferson, KY Mobile, AL ...... 0.8319 Chesapeake City, VA Oldham, KY Baldwin, AL Gloucester, VA Shelby, KY Mobile, AL Hampton City, VA Lubbock, TX ...... 0.8790 James City Co., VA Lubbock, TX Modesto, CA ...... 1.1577 Stanislaus, CA Newport News City, VA Lynchburg, VA ...... 0.8544 Norfolk City, VA Monmouth-Ocean, NJ ...... 0.9900 Amherst, VA Poquoson, VA Monmouth, NJ Campbell, VA Portsmouth City, VA Lynchburg City, VA Ocean, NJ Suffolk City, VA Macon-Warner Robins, GA ...... 0.8804 Monroe, LA ...... 0.7864 Virginia Beach City, VA Bibb, GA Ouachita, LA Williamsburg City, VA Huston, GA Montgomery, AL ...... 0.7738 York, VA Jones, GA Autauga, AL Oakland, CA ...... 1.4283 Peach, GA Elmore, AL Alameda, CA Madison, WI ...... 1.0311 Montgomery, AL Contra Costa, CA Dane, WI Muncie, IN ...... 0.8068 Ocala, FL ...... 0.8614 Manchester-Nashua, NH ...... 1.0261 Delaware, IN Marion, FL Hillsborough, NH Muskegon, MI ...... 0.9568 Odessa, TX ...... 1.0817 Merrimack, NH Muskegon, MI Ector, TX Mansfield, OH ...... 0.8392 Naples, FL ...... 1.0324 Oklahoma City, OK ...... 0.9145 Richland, OH Collier, FL Canadian, OK Mayaguez, PR ...... 0.4771 Nashville, TN ...... 0.9397 Cleveland, OK Logan, OK Anasco, PR Cheatham, TN McClain, OK Cabo Rojo, PR Davidson, TN Hormigueros, PR Oklahoma, OK Dickson, TN Pottawatomie, OK Mayaguez, PR Robertson, TN San German, PR Olympia, WA ...... 1.1002 Rutherford TN Thurston, WA McAllen-Edinburg-Mission, TX ..... 0.7715 Sumner, TN Omaha, NE±IA ...... 0.8989 Hidalgo, TX Williamson, TN Pottawattamie, IA Medford, OR ...... 1.0045 Wilson, TN Douglas, NE Jackson, OR Nassau-Suffolk, NY ...... 1.2938 Sarpy, NE Melbourne-Titusville Fl ...... 0.9199 Nassau, NY Washington, NE Brevard, Fl Suffolk, NY Orange, County, NY ...... 0.9653 Memphis, TN±AR±MS ...... 0.9060 Orange, NY Crittenden, AR New Bedford-Fall River-Attleboro, MA ...... 1.0002 Orlando, FL ...... 0.9621 De Soto, MS Bristol, MA Orange, FL Shelby, TN Osceola, FL Tipton, TN New Haven Waterbury-Meriden, CT ...... 1.2095 Seminole, FL Merced, CA ...... 1.0312 Owensboro, KY ...... 0.8114 Merced, CA New Haven, CT New London, London-Norwich ..... 1.1571 Daviess, KY Miami-Hialeah, FL ...... 1.0188 Oxnard-Ventura, CA ...... 1.2309 New London, CT Dade, FL Ventura, CA New Orleans, LA ...... 0.8908 Middlesex-Somerset-Hunterdon, Panama City, FL ...... 0.8632 NJ ...... 1.0401 Jefferson, LA Bay, FL Hunterdon, NJ Orleans, LA Parkersburg-Marietta, WV±OH ..... 0.8540 Middlesex, NJ St. Bernard, LA Washington, OH Somerset, NJ St. Charles, LA Wood, WV Midland, TX ...... 1.0377 St. John The Baptist, LA Pascagoula, MS ...... 0.8755 Midland, TX St. Tammany, LA Jackson, MS Milwaukee, WI ...... 0.9719 New York, NY ...... 1.3460 Pensacola, FL ...... 0.8623 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46475

TABLE VÐWAGE INDEX FOR URBAN TABLE VÐWAGE INDEX FOR URBAN TABLE VÐWAGE INDEX FOR URBAN AREASÐContinued AREASÐContinued AREASÐContinued

Escambia, FL Benton, WA Davis, UT Santa Rosa, FL Franklin, WA Salt Lake, UT Peoria, IL ...... 0.8710 Richmond-Petersburg, VA ...... 0.9417 Weber, UT Peoria, IL Charles City Co., VA San Angelo, TX ...... 0.8139 Tazewell, IL Chesterfield, VA Tom Green, TX Woodford, IL Colonial Heights City, VA San Antonio, TX ...... 0.8452 Philadelphia, PA±NJ ...... 1.0952 Dinwiddie, VA Bexar, TX Burlington, NJ Goochland, VA Comal, TX Camden, NJ Hanover, VA Guadalupe, TX Gloucester, NJ Henrico, VA San Diego, CA ...... 1.1934 Bucks, PA Hopewell City, VA San Diego, CA Chester, PA New Kent, VA San Francisco, CA ...... 1.4539 Delaware, PA Petersburg City, VA Marin, CA Montgomery, PA Powhatan, VA San Francisco, CA Philadelphia, PA Prince George, VA San Mateo, CA Phoenix, AZ ...... 1.0429 Richmond City, VA San Jose, CA ...... 1.4900 Maricopa, AZ Riverside-San Bernardino, CA ..... 1.1160 Santa Clara, CA Pine Bluff, AR ...... 0.7872 San Juan, PR ...... 0.4987 Jefferson, AR Riverside, CA San Bernardino, CA Barcelona, PR Pittsburgh, PA ...... 1.0127 Bayoman, PR Allegheny, PA Roanoke, VA ...... 0.8284 Canovanas, PR Fayette, PA Botetourt, VA Carolina, PR Washington, PA Roanoke, VA Catano, PR Westmoreland, PA ...... Roanoke City, VA Corozal, PR Pittsfield, MA ...... 1.0782 Salem City, VA Berkshire, MA Rochester, MN ...... 1.1030 Dorado, PR Ponce, PR ...... 0.4601 Olmsted, MN Fajardo, PR Juana Diaz, PR Rochester, NY ...... 0.9710 Florida, PR Ponce, PR Livingston, NY Guaynabo, PR Portland, ME ...... 0.9292 Monroe, NY Humacao, PR Cumberland, ME Ontario, NY Juncos, PR Sagadahoc, ME Orleans, NY Los Piedras, PR York, ME Wayne, NY Loiza, PR Portland, OR ...... 1.1576 Rockford, IL ...... 0.9283 Luguillo, PR Clackamas, OR Boone, IL Manati, PR Multnomah, OR Winnebago, IL Naranjito, PR Washington, OR Sacramento, CA ...... 1.2232 Rio Grande, PR Yamhill, OR Eldorado, CA San Juan, PR Toa Alta, PR Portsmouth-Dover-Rochester, NH 1.0080 Placer, CA Toa Baja, PR Rockingham, NH Sacramento, CA Trojillo Alto, PR Strafford, NH Yolo, CA Vega Alta, PR Poughkeepsie, NY ...... 1.0447 Saginaw-Bay City-Midland, MI ..... 1.0451 Vega Baja, PR Dutchess, NY Bay, MI Santa Barbara-Santa Maria- Providence-Pawtucket- Midland, MI Woonsocket, RI ...... 1.0630 Lompoc, CA ...... 1.1768 Saginaw, MI Bristol, RI Santa Barbara, CA St. Cloud, MN ...... 0.9420 Kent, RI Santa Cruz, CA ...... 1.2784 Benton, MN Newport, RI Santa Cruz, CA Providence, RI Sherburne, MN Santa Fe, NM ...... 0.9139 Washington, RI Stearns, MN Los Alamos, NM Provo-Orem, UT ...... 1.0230 St. Joseph, MO ...... 0.9414 Santa Fe, NM Utah, UT Buchanan, MO Santa Rosa-Petaluma, CA ...... 1.2957 Pueblo, CO ...... 0.8722 St. Louis, MO±IL ...... 0.9388 Sonoma, CA Pueblo, CO Clinton, IL Sarasota, FL ...... 0.9781 Racine, WI ...... 0.8849 Jersey, IL Sarasota, FL Racine, WI Madison, IL Savannah, GA ...... 0.8327 Raleigh-Durham, NC ...... 0.9465 Monroe, IL Chatham, GA Durham, NC St. Clair, IL Effingham, GA Franklin, NC Franklin, MO Scranton, Wilkes Barre, PA ...... 0.8952 Orange, NC Jefferson, MO Columbia, PA Wake, NC St. Charles, MO Lackawanna, PA Rapid City, SD ...... 0.8400 St. Louis, MO Luzerne, PA Pennington, SD St. Louis City, MO Monroe, PA Reading, PA ...... 0.8814 Sullivan City, MO Wyoming, PA Berks, PA Salem, OR ...... 1.0445 Seattle, WA ...... 1.0871 Redding, CA ...... 1.0549 Marion, OR King, WA Shasta, CA Polk, OR Snohomish, WA Reno, NV ...... 1.1618 Salinas-Seaside-Monterey, CA ..... 1.3041 Sharon, PA ...... 0.9061 Washoe, NV Monterey, CA Mercer, PA Richland-Kennewick, WA ...... 0.9402 Salt Lake City-Ogden, UT ...... 0.9932 Sheboygan, WI ...... 0.8872 46476 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

TABLE VÐWAGE INDEX FOR URBAN TABLE VÐWAGE INDEX FOR URBAN TABLE VÐWAGE INDEX FOR URBAN AREASÐContinued AREASÐContinued AREASÐContinued

Sheboygan, WI Tuscaloosa, AL Adams, PA Sherman-Denison, TX ...... 0.9089 Tyler, TX ...... 0.9838 York, PA Grayson, TX Smith, TX Youngstown-Warren, OH ...... 0.9866 Shreveport, LA ...... 0.9299 Utica-Rome, NY ...... 0.8512 Mahoning, OH Bossier, LA Herkimer, NY Trumbull, OH Caddo, LA Oneida, NY Yuba City, CA ...... 1.0167 Sioux City, IA±NE ...... 0.8504 Vallejo-Fairfield-Napa, CA ...... 1.3203 Sutter, CA Woodbury, IA Napa, CA Yuba, CA Dakota, NE Solano, CA Yuma, AZ ...... 0.8885 Sioux Falls, SD ...... 0.8833 Vancouver, WA ...... 1.0798 Yuma, AZ Minnehaha, SD Clark, WA South Bend-Mishawaka, IN ...... 1.0067 Victoria, TX ...... 0.8994 St. Joseph, IN Victoria, TX TABLE VI.ÐWAGE INDEX FOR RURAL Spokane, WA ...... 1.0691 Vineland-Millville-Bridgeton, NJ .... 0.9760 AREAS Spokane, WA Cumberland, NJ Springfield, IL ...... 0.9295 Visalia-Tulare-Porterville, CA ...... 1.0392 Wage Menard, IL Non-urban areas index Sangamon, IL Tulare, CA Waco, TX ...... 0.7814 Springfield, MO ...... 0.8082 ALABAMA ...... 0.7121 Christian, MO McLennan, TX Washington, DC±MD±VA ...... 1.0941 ALASKA ...... 1.3426 Greene, MO ARIZONA ...... 0.8747 Springfield, MA ...... 1.0316 District of Columbia, DC Calvert, MD ARKANSAS ...... 0.6966 Hampden, MA CALIFORNIA ...... 1.0142 Hampshire, MA Charles, MD COLORADO ...... 0.8415 State College, PA ...... 0.9901 Frederick, MD CONNECTICUT ...... 1.1905 Centre, PA Montgomery, MD DELAWARE ...... 0.8572 Steubenville-Weirton, OH±WV ..... 0.8712 Prince Georges, MD FLORIDA ...... 0.8730 Jefferson, OH Alexandria City, VA GEORGIA ...... 0.7767 Brooke, WV Arlington, VA Hancock, WV Fairfax, VA HAWAII ...... 0.9618 Stockton, CA ...... 1.1612 Fairfax City, VA IDAHO ...... 0.8953 San Joaquin, CA Falls Church City, VA ILLINOIS ...... 0.7700 Syracuse, NY ...... 0.9917 Loudoun, VA INDIANA ...... 0.7806 IOWA ...... 0.7532 Madison, NY Manassas City, VA KANSAS ...... 0.7446 Onondaga, NY Manassas Park City, VA KENTUCKY ...... 0.7793 Oswego, NY Prince William, VA LOUISIANA ...... 0.7384 Tacoma, WA ...... 1.0317 Stafford, VA MAINE ...... 0.8328 Pierce, WA Waterloo-Cedar Falls, IA ...... 0.8642 MARYLAND ...... 0.8061 Tallahassee, FL ...... 0.9220 Black Hawk, IA MASSACHUSETTS ...... 1.1654 Gadsden, FL Bremer, IA MICHIGAN ...... 0.8826 Leon, FL Wausau, WI ...... 0.9748 Tampa-St. Petersburg-Clearwater, MINNESOTA ...... 0.8309 Marathon, WI MISSISSIPPI ...... 0.6957 FL ...... 0.9188 West Palm Beach-Boca Raton- Hernando, FL MISSOURI ...... 0.7249 Delray Beach, FL ...... 1.0135 MONTANA ...... 0.8255 Hillsborough, FL Palm Beach, FL Pasco, FL NEBRASKA ...... 0.6995 Wheeling, WV±OH ...... 0.8067 Pinellas, FL NEVADA ...... 0.9702 Belmont, OH Terre Haute, IN ...... 0.8758 NEW HAMPSHIRE ...... 0.9547 Marshall, WV Clay, IN NEW JERSEY ...... (1) Vigo, IN Ohio, WV NEW MEXICO ...... 0.8318 Texarkana, TX±AR ...... 0.7892 Wichita, KS ...... 0.9809 NEW YORK ...... 0.8402 Miller, AR Butler, KS NORTH CAROLINA ...... 0.7936 Bowie, TX Harvey, KS NORTH DAKOTA ...... 0.7719 Toledo, OH ...... 1.0097 Sedgwick, KS OHIO ...... 0.8453 Fulton, OH Wichita Falls, TX ...... 0.8172 OKLAHOMA ...... 0.7400 Lucas, OH Wichita, TX OREGON ...... 0.9607 Wood, OH Williamsport, PA ...... 0.8864 PENNSYLVANIA ...... 0.8613 Topeka, KS ...... 0.9302 Lycoming, PA PUERTO RICO ...... 2 0.4333 Shawnee, KS Wilmington, DE±NJ±MD ...... 1.0869 RHODE ISLAND ...... (1) Trenton, NJ ...... 1.0038 New Castle, DE SOUTH CAROLINA ...... 0.7650 Mercer, NJ Cecil, MD SOUTH DAKOTA ...... 0.7168 Tucson, AZ ...... 0.9591 Salem, NJ TENNESSEE ...... 0.7340 Pima, AZ Wilmington, NC ...... 0.8712 TEXAS ...... 0.7591 Tulsa, OK ...... 0.8532 New Hanover, NC UTAH ...... 0.8983 Creeks, OK Worcester-Fitchburg-Leominster, VERMONT ...... 0.9035 Osage, OK MA ...... 1.0826 VIRGINIA ...... 0.7815 Rogers, OK Worcester, MA VIRGIN ISLANDS ...... 2 0.5734 Tulsa, OK Yakima, WA ...... 1.0111 WASHINGTON ...... 0.9635 Wagoner, OK Yakima, WA WEST VIRGINIA ...... 0.8488 Tuscaloosa, AL ...... 0.8521 York, PA ...... 0.9021 WISCONSIN ...... 0.8447 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46477

TABLE VI.ÐWAGE INDEX FOR RURAL this may have a significant impact on methodology to develop this schedule of AREASÐContinued the operations of a substantial number rates that was used in setting the rates of small rural hospitals. Such an published in section 2828 of the analysis must conform to the provisions Non-urban areas Wage Provider Reimbursement Manual for index of section 604 of the RFA. For purposes cost reporting periods beginning in of section 1102(b) of the Act, we define Federal fiscal year 1993. As discussed WYOMING ...... 0.8457 a small rural hospital as a hospital that above, section 13503(b) of OBRA 1993 1 All counties within State are classified is located outside of a Metropolitan delayed the update to the schedule of urban. Statistical Area and has fewer than 50 prospectively determined payment rates 2 Approximate value for area. beds. until Federal fiscal year 1996. However, V. Impact Statement We are not preparing analyses for the delay in passing the proposed either the RFA or section 1102(b) of the For notices such as this, we generally Federal fiscal year 1996 budget Act because we have determined, and prepare a regulatory flexibility analysis legislation, which contained provisions we certify, that this final notice will not that is consistent with the Regulatory affecting the Federal fiscal year 1996 have a significant economic impact on Flexibility Act (RFA) (5 U.S.C. 601 and Federal fiscal year 1997 a substantial number of small entities or through 612) unless we certify that a prospectively determined payment a significant impact on the operations of notice will not have a significant rates, resulted in a delay in publishing a substantial number of small rural economic impact on a substantial updated Federal fiscal year 1996 rates. number of small entities. For purposes hospitals. Regardless of that delay and in In accordance with the provisions of of the RFA, all SNFs are considered to conformance with the clear direction of Executive Order 12866, this final notice be small entities. Individuals and States section 1888(d) of the Act and was reviewed by the Office of are not included in the definition of a § 413.320, this notice announces the Management and Budget. small entity. update to the schedule of prospectively Under the provisions of Public Law The purpose of the July 21, 1995 final determined payment rates for SNF 104–121, we have determined that this rule was to allow SNFs that provide inpatient service costs for cost reporting notice is not a major rule. fewer than 1,500 days of care to periods beginning in Federal fiscal year Medicare beneficiaries in a cost VI. Other Required Information 1997. However, given the publishing reporting period to have the option of time constraints mandated in § 413.320, receiving prospectively determined A. Collection of Information Requirements it would not have been possible to payment rates in the following cost publish a proposed notice and still reporting period. In our analysis of the This final notice with comment implement the updated prospectively impact of the July 21 final rule (60 FR period does not impose information determined payment rates set forth in 37593), we noted that Medicare collection and recordkeeping this notice. To do so would have been payments to SNFs constitute only about requirements. Consequently, it need not impractical, unnecessary, and contrary 5.3 percent of total SNF revenues and be reviewed by the Office of to the public interest. Therefore, we find indicated that the rule would have only Management and Budget under the good cause to waive publication of a a small impact on those revenues. We authority of the Paperwork Reduction proposed notice and the 30-day delay in estimate that the prospectively Act of 1995 (44 U.S.C. 3501 et seq.). the effective date of this notice with determined payment rates contained in B. Waiver of Proposed Notice and 30- comment period. However, we are this notice will result in a cost to the Day Delay in the Effective Date providing a 60-day period for public Medicare program of $10 to $20 million comment, as indicated at the beginning In adopting notices such as this, we for FY 1997. These costs represent the of this notice. difference between estimated aggregate ordinarily publish a proposed notice in payments to SNFs that elect to be paid the Federal Register with a 60-day C. Response to Comments under the prospectively determined period for public comment as required payment rates and estimated aggregate under section 1871(b)(1) of the Act. We Because of the large number of items payments to the same SNFs if paid on also normally provide a delay of 30 days of correspondence we normally receive a reasonable cost basis under the routine in the effective date for documents such on Federal Register documents SNF cost limits. Thus, we continue to as this. However, we may waive these published for comment, we are not able believe that this optional payment procedures if we find good cause that to acknowledge or respond to them system will have a positive impact on prior notice and comment or a delay in individually. We will consider all small entities, while easing their cost the effective date are impracticable, comments we receive by the date and reporting burden. unnecessary, or contrary to the public time specified in the DATES section of In addition, section 1102(b) of the Act interest. this notice, and, if we proceed with a requires us to prepare a regulatory As discussed in section II of this subsequent document, we will respond impact analysis if a final notice such as notice, we have used the same basic to the comments in that document.

APPENDIX.ÐDERIVATION OF ``MARKET BASKET'' INDEX FOR SNF ROUTINE SERVICE COSTS

Relative 1 Category of costs importance Price variable used 2 1993

Payroll Expense ...... 64.0 Percentage changes in average hourly earnings of employees in nursing and personal care facility. (SIC 805) Source: U.S. Dept. of Labor, Bureau of Labor Statistics, Employment and Earnings (monthly). Table C±2. 46478 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

APPENDIX.ÐDERIVATION OF ``MARKET BASKET'' INDEX FOR SNF ROUTINE SERVICE COSTSÐContinued

Relative 1 Category of costs importance Price variable used 2 1993

Employee Benefits ...... 7.8 Supplements to wages and salaries per worker in nonagricultural establishments. For supplements to wages. Source: U.S. Dept. of Commerce, Bureau of Economic Analysis, Survey of Current Business. Table 1.11. For total employment. Source: U.S. Dept. of Labor, Bureau of Labor Statistics, Employment and Earnings (monthly). Table B±4. Food ...... 7.6 Processed foods and feeds component of producer price index. Source: U.S. Dept. of Labor, Bureau of Labor Statistics, Monthly Labor Review, Table 23. Food and beverage component of Consumer Price Index, all urban. Source: U.S. Dept. of Labor, Bureau of Labor Statistics, Monthly Labor Review, Table 22. Other business services ...... 5.1 Services component of Consumer Price Index, all urban. Source: U.S. Dept. of Labor, Bureau of Labor Statistics, Monthly Labor Review, Table 23. Fuel and other utilities ...... 4.0 A. Implicit price deflator-consumption of fuel oil and coal (derived from fuel oil component of Consumer Price Index). Source: U.S. Dept. of Commerce, Bureau of Economic Analysis, Survey of Current Business (monthly), Table 7.11. B. Implicit price deflator-consumer of electricity (derived from electricity component of Consumer Price Index). Source: U.S. Dept. of Commerce, Bureau of Economic Analysis. C. Implicit price deflator for natural gas (derived from utility (piped) gas component of Consumer Price Index). Source: Same as electricity above. D. Water and sewage maintenance component of the Consumer Price Index. Source: U.S. Dept. of Labor, Bureau of Labor Statistics, Monthly Labor Review, Table 23. Supplies ...... 3.1 All Item Consumer Price Index, all urban. Source: U.S. Dept. of Labor, Bureau of Labor Statis- tics, Monthly Labor Review, Table 23. Drugs ...... 2.2 Pharmaceutical preparations, ethical component of producer price index. Source: U.S. Dept. of Labor, Bureau of Labor Statistics, Producer Prices and Price Indexes (monthly), Table 6. Health services ...... 1.6 Physician services component of Consumer Price Index for all urban consumers. Source: U.S. Dept. of Labor, Bureau of Labor Statistics, Monthly Labor Review, Table 23. Miscellaneous ...... 4.6 All Item Consumer Price Index, all urban. Source: U.S. Dept. of Labor, Bureau of Labor Statis- tics, Monthly Labor Review, Table 23. 1 The basic weights for all major categories of skilled nursing home costs were obtained from the DHEW-National Center for Health Statistics (NCHS) National Nursing Home Surveys (NNHS) for 1972 and 1976 for home certified for participation in the Medicare program. See Nursing Home Costs 1972, United States: National Nursing Home Survey, August 1973±April 1974, DHEW, NCHS: National Nursing Home Survey: 1977 Summary for the United States, Vital and Health Statistics, Series 13, Number 43. A Laspeyres price index was constructed using 1977 weights and price variables indicated in this table. In calendar year 1977 each ``price'' variable has an index of 100.0. The relative routine service cost weights change each period in accordance with price changes for each price variable. Cost categories with relatively higher ``price'' increases get relatively higher cost weights and vice versa. 2 Forecasted by DRI/McGraw Hill, Health Care Costs, First Quarter, 1992, 1750 K St., NW, Washington D.C. 20006.

Authority: Secs. 1102, 1814(b), 1861(v)(1), National Institutes of Health technology. The selected sponsor will 1866(a), 1871, and 1888 of the Social be awarded a CRADA with the National Security Act (42 U.S.C. 1302, 1395f(b), National Cancer Institute: Opportunity Cancer Institute for the co-development 1395x(v)(1), 1395cc(a), 1395hh, and 1395yy); for a Cooperative Research and of agents identified using the fusion sec. 13503(b) and (c) of Pub. L. 103–66 (42 Development Agreement (CRADA) for protein technology. U.S.C. 1395x(v)(1)(B) and 1395yy (note)) and the Scientific and Commercial ADDRESS: Questions about this 42 CFR 413.1, 413.24, and 413.300 through Development of Fusion Proteins That opportunity may be addressed to Jeremy 413.321). Include Antibody and Non-Antibody A. Cubert, M.S., J.D., Office of (Catalog of Federal Domestic Assistance Portions Program No. 93.773, Medicare—Hospital Technology Development, NCI, 6120 Insurance) AGENCY: National Cancer Institute, Executive Blvd. MSC 7182, Bethesda, National Institutes of Health, PHS, MD 20892–7182, Phone: (301) 496– Dated: July 1, 1996. DHHS. 0477, Facsimile: (301) 402–2117, from Bruce C. Vladeck, ACTION: Notice. whom further information may be Administrator, Health Care Financing obtained. Administration. SUMMARY: The Department of Health and DATE: Human Services (DHHS) seeks one or In view of the important priority Dated: August 2, 1996. more companies that can collaboratively of developing new agents for the Donna E. Shalala, pursue the pre-clinical and clinical treatment or prevention of cancer, Secretary. development of Fusion Proteins That interested parties should notify this [FR Doc. 96–22376 Filed 8–30–96; 8:45 am] Include Antibody and Non-Antibody office in writing no later than October 18, 1996. Respondents will then be BILLING CODE 4120±01±P Portions. The following disease states are of interest: neoplasia, provided an additional 30 days for the arteriosclerosis, tumor vascularization, filing of formal proposals. fibrotic diseases, psoriasis and wound SUPPLEMENTARY INFORMATION: healing. The National Cancer Institute, ‘‘Cooperative Research and Laboratory of Cellular and Molecular Development Agreement’’ or ‘‘CRADA’’ Biology has developed an assay system means the anticipated joint agreement to to identify receptor agonists and be entered into by NCI pursuant to the antagonists using fusion protein Federal Technology Transfer Act of Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46479

1986 and amendments (including 104 1. Construction of fusion proteins 3. Experience in preclinical and P.L. 133) and Executive Order 12591 of comprising a molecule of interest clinical drug development. October 10, 1987 to collaborate on the covalently joined to an IgG hinge and 4. Experience and ability to produce, specific research project described FC antibody regions. package, market and distribute below. 2. Expression and harvesting of the pharmaceutical products. The Government is seeking one or resulting fusion protein from 5. Experience in the monitoring, more companies which, in accordance conditioned medium of a suitable evaluation and interpretation of the data with the requirements of the regulations transfectant such as NIH 3T3 cells. from investigational agent clinical governing the transfer of agents in 3. Develop a screen of ligand-HFc on studies under an IND. which the Government has taken an receptor or receptor-HFc on ligand to 6. A willingness to cooperate with the active role in developing (37 CFR identify putative agonists and NCI in the collection, evaluation, 404.8), can further develop the antagonists. publication and maintaining of data identified compounds and related 4. Conduct in vitro studies to identify from pre-clinical studies and clinical diagnostic methods through Federal putative agonists and/or antagonists by trials regarding the subject compounds. Food and Drug Administration approval screening libraries of compounds. 7. Provide defined financial and and to a commercially available status 5. Conduct in vitro and in vivo personnel support for the CRADA to be to meet the needs of the public and with studies to characterize the properties of mutually agreed upon. the best terms for the Government. The putative agonists and/or antagonists. 8. An agreement to be bound by the government has applied for domestic 6. Evaluation of test results. DHHS rules involving human and 7. Preparation of manuscripts for and foreign patent applications directed animal subjects. publication. 9. The aggressiveness of the to Fusion Proteins That Include Relevant Government intellectual development plan, including the Antibody and Non-Antibody Portions. property rights are available for appropriateness of milestones and The Fusion Proteins comprise an IgG licensing through the Office of deadlines for preclinical and clinical sequence covalently joined at the IgG Technology Transfer, National Institutes development. hinge and Fc domain to a non-antibody of Health. 10. Provisions for equitable effector domain such as a ligand, toxin, FOR FURTHER INFORMATION CONTACT distribution of patent rights to any or receptor. The effector domain or IgG Susan Rucker, J.D., NIH Office of CRADA inventions. Generally the rights non-antibody portion may be linked to Technology Transfer, 6011 Executive of ownership are retained by the a heterologous signal peptide to Blvd, Suite 325, Rockville, MD 20852, organization which is the employer of facilitate secretion. The resulting fusion Phone: (301) 496–7056 (ext. 245); the inventor, with (1) an irrevocable, protein exhibits the effector properties Facsimile: (301) 402–0220. nonexclusive, royalty-free license to the of both the antibody and non-antibody The role of the collaborator company, Government and (2) an option for the portions. Applications of this includes the following collaborator to elect an exclusive or technology include development of For agonist/antagonist screening: nonexclusive license to Government diagnostic methods to monitor binding 1. Provide growth factor or receptor owned rights under terms that comply and expression of a protein of interest cDNA clones for fusion protein with the appropriate licensing statutes in vitro, in vivo and in situ (i.e. construction if not available in NCI/ and regulations. immunohistochemistry). In addition, LCMB clone bank Dated: August 14, 1996. the technology can be used to identify 2. Scale-up production of fusion Thomas D. Mays, agonists and antagonists that modulate proteins constructed by NCI if the binding of an effector molecule to its required Director, Office of Technology Development, target. Fusion proteins may also be 3. Conduct in vitro studies to identify OD, NCI. employed as a therapeutic to deliver putative antagonists/agonists by [FR Doc. 96–22393 Filed 8–30–96; 8:45 am] radiation, a cytotoxic agent or a drug screening libraries of compounds BILLING CODE 4140±010±M directly to a target cell. 4. Conduct in vitro and in vivo studies The LCMB, Division of Basic to characterize the properties of Sciences, NCI is interested in putative antagonists/agonists National Institute on Deafness and Other Communication Disorders; establishing a CRADA with one or more 5. Conduct clinical studies of best Notice of Closed Meeting companies to assist in the development candidates of diagnostic, screening and therapeutic For ligand-mediated histochemical Pursuant to Section 10(d) of the applications of the technology. The experiments: Federal Advisory Committee Act, as Government will provide all available 1. Test conditioned medium for amended (5 United States Code expertise and information to date and suitability in histochemical Appendix 2), notice is hereby given of will jointly pursue pre-clinical and experiments the following meeting: clinical studies as required, giving the 2. Screen tumor samples or biopsies for Name of Committee: National Institute on company full access to existing data and reactivity Deafness and Other Communication data developed pursuant to the CRADA. 3. Conduct clinical studies of diagnostic Disorders Special Emphasis Panel. The successful company will provide test Date: September 10–11, 1996. the necessary scientific, financial and Criteria for choosing the company Time: September 10–8 am to 5 pm; organizational support to establish include its demonstrated experience September 11–8 am to adjournment. clinical efficacy and possible and commitment to the following: Place: Holiday Inn, Chevy Chase, 5520 commercial status of subject compounds 1. Scientific expertise in and Wisconsin Avenue, Chevy Chase, MD 20815. and/or diagnostic and therapeutic demonstrated commitment to the Contact Person: Mary Nekola, Ph.D., applications. Scientific Review Administrator, NIDCD/ treatment of neoplasia, arteriosclerosis, DEA/SRB, EPS Room 400C, 6120 Executive The expected duration of the CRADA fibrotic diseases and related disorders. Boulevard, MSC 7180, Bethesda, MD 20892– will be two (2) to five (5) years. 2. Scientific expertise in and 7180, 301–496–8683. The role of the National Cancer demonstrated commitment to the Purpose/Agenda: To review and evaluate Institute, includes the following: development of drug delivery systems. grant applications. The meeting will be 46480 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices closed in accordance with the provisions set 93.396, 93.837–93.844, 93.846–93.878, information to solicit comments on (a) forth in sections 552b(c)(4) and 552b(c)(6), 93.892, 93.893, National Institutes of Health, whether the proposed collection of Title 5, United States Code. The applications HHS) information is necessary for the proper and/or proposals and the discussion could Dated: August 28, 1996. performance of the functions of the reveal confidential trade secrets or commercial property such as patentable Susan K. Feldman, agency, including whether the material and personal information Committee Management Officer, NIH. information will have practical utility; concerning individuals associated with the [FR Doc. 96–22391 Filed 8–30–96; 8:45 am] (b) the accuracy of the agency’s estimate applications and/or proposals, the disclosure BILLING CODE 4140±01±M of the burden of the proposed of which could constitute a clearly collection, including the validity of the unwarranted invasion of personal privacy. methodology and assumptions used; (c) This notice is being published less than DEPARTMENT OF THE INTERIOR ways to enhance the quality, utility, and fifteen days prior to the meeting due to the clarity of the information to be urgent need to meet timing limitations imposed by the review and funding cycle. Bureau of Land Management collected; and (d) ways to minimize the burden of the collection of information (Catalog of Federal Domestic Assistance [WO±310±1310±01±24±1A] Program No. 93.173 Biological Research on those who are to respond, including Related to Deafness and Communication Extension of Currently Approved through the use of appropriate automated, electronic, mechanical, or Disorders) Information Collection; OMB Approval other technological collection Dated: August 28, 1996. Number 1004±0074 Susan K. Feldman, techniques or other forms of information Committee Management Officer, NIH. AGENCY: Bureau of Land Management, technology. The Mineral Leasing Act of 1920, as [FR Doc. 96–22392 Filed 8–30–96; 8:45 am] Interior. ACTION amended (30 U.S.C. 181 et seq.) gives BILLING CODE 4140±01±M : Notice and request for comments. the Secretary of the Interior responsibility for oil and gas leasing on Division of Research Grants; Notice of SUMMARY: In accordance with the approximately 600 million acres of public lands and national forests, and Closed Meetings Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) is private lands where minerals have been Pursuant to Section 10(d) of the announcing its intention to request an reserved by the Federal Government. Federal Advisory Committee Act, as extension of approval for the collection The Federal Onshore Oil and Gas amended (5 U.S.C. Appendix 2), notice of information which will be used to Leasing Reform Act of 1987 was passed is hereby given of the following Division determine the highest qualified bonus by Congress to require that all public of Research Grants Special Emphasis bid submitted for a competitive oil and lands that are available for oil and gas Panel (SEP) meetings: gas or geothermal lease (Form 3000–2) leasing be offered first by competitive Purpose/Agenda: To review individual and enable the BLM to complete oral bidding. The Department of the grant applications. environmental reviews in compliance Interior Appropriations Act of 1981 (43 Name of SEP: Microbiological and with the National Environmental Policy U.S.C. 6508) provides for the Immunological Sciences. Act of 1969 (Form 3200–9). The competitive leasing of the lands in the Date: September 11, 1996. information supplied allows the BLM to National Petroleum Reserve-Alaska Time: 11:00 a.m. determine whether a bidder is qualified (NPR–A). The Geothermal Steam Act of Place: NIH, Rockledge 2, Room 4190, to hold a lease and to conduct 1970 (30 U.S.C. 1001–1025) authorizes Telephone Conference. geothermal resource operations under the Secretary of the Interior to issue Contact Person: Dr. Garrett Keefer, leases for geothermal development. The Scientific Review Administrator, 671 the terms of the Mineral Leasing Act of Rockledge Drive, Room 4190, Bethesda, 1920 and the Geothermal Steam Act of lands available for exploration and Maryland 20892, (301) 435–1152. 1969. leasing include public, withdrawn, Name of SEP: Clinical Sciences. DATE: Comments must be submitted on reserved, and acquired lands Date: September 16, 1996. or before November 4, 1996. administered by the Bureau of Land Time: 1:00 p.m. Management (BLM). The National ADDRESSES: Comments may be mailed Place: NIH, Rockledge 2, Room 4100, Environmental Policy Act (NEPA) of Telephone Conference. to: Regulatory Management Team (420), 1969 established a national policy to Contact Person: Dr. Jeanne Ketley, Bureau of Land Management, 1849 C protect the environment. Scientific Review Administrator, 671 Street NW, Room 401 LS Bldg., The regulations within 43 CFR Group Rockledge Drive, Room 4100, Bethesda, Washington, D.C. 20240. 3100 outline procedures for obtaining a Maryland 20892, (301) 435–1788. Comments may be sent via Internet to: lease to explore for, develop, and This notice is being published less than 15 [email protected]. produce oil and gas resources located on days prior to the above meetings due to the Comments may be hand delivered to urgent need to meet timing limitations Federal lands. The regulations within 43 the Bureau of Land Management CFR Group 3200 provide for the imposed by the grant review and funding Administrative Record, Room 401, 1620 cycle. issuance of geothermal leases and the The meetings will be closed in accordance L Street N.W., Washington, D.C. exploration, development and with the provisions set forth in secs. Comments will be available for public utilization of Federally-owned 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. review at the L Street address during geothermal resources. The BLM needs Applications and/or proposals and the regular business hours (7:45 a.m. to 4:15 the information requested on the two discussions could reveal confidential trade p.m., Monday through Friday). forms to process bids for oil and gas and secrets or commercial property such as FOR FURTHER INFORMATION CONTACT: geothermal lands and to complete patentable material and personal information Gloria J. Austin, (202) 452–0340. concerning individuals associated with the environmental reviews required by the applications and/or proposals, the disclosure SUPPLEMENTARY INFORMATION: In NEPA. of which would constitute a clearly accordance with 5 CFR 1320.8(d), the The information will be used to unwarranted invasion of personal privacy. BLM is required to provide a 60-day determine the highest qualified bonus (Catalog of Federal Domestic Assistance notice in the Federal Register bid submitted for a competitive oil and Program Nos. 93.306, 93.333, 93.337, 93.393– concerning a proposed collection of gas or geothermal resources parcel on Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46481 form 3000–2, ‘‘Competitive Oil and Gas FOR FURTHER INFORMATION CONTACT. All and Public Purposes, and CAS 585— or Geothermal Resources Lease Bid’’. In responses to the notice will be Multiple-Use Management. The lands the case of form 3200–9, ‘‘Notice of summarized and included in the request will be opened to the operation of the Intent to conduct Geothermal Resources for Office of Management and Budget public land laws including the mining Exploration Operations’’, the approval. All comments will also laws, subject to valid existing rights, the information will be used to enable the become part of the public record. provisions of existing withdrawals, BLM to complete environmental Dated: August 23, 1996. other segregations of record, and the reviews in compliance with the Annetta Cheek, requirements of applicable law. The National Environmental Policy Act of lands have been and remain open to the Leader, Regulatory Management Team. 1969. The BLM needs the information operation of the mineral leasing laws. [FR Doc. 96–22362 Filed 8–30–96; 8:45 am] requested to determine the eligibility of EFFECTIVE DATE: Termination of the an applicant to hold, explore for, BILLING CODE 4310±84±M classifications are effective on develop and produce oil and gas and September 3, 1996. The lands will be geothermal resources on Federal lands. [UTU±72033] open to entry at 10 a.m. on October 3, The forms are submitted in person or 1996. by mail to the proper BLM Office. For Utah; Proposed Reinstatement of FOR FURTHER INFORMATION CONTACT: Form 3000–2, the name and address of Terminated Oil and Gas Lease Kathy Gary or Duane Marti, BLM the bidder is needed to identify the California State Office (CA–931), 2135 bidder and allow the authorized officer In accordance with Title IV of the Butano Drive, Sacramento, California to ensure that the bidder meets the Federal Oil and Gas Royalty 95825–0451; telephone number 916– requirements of the regulations. The Management Act (P.L. 97–451), a 979–2858. total bid and payment submitted with petition for reinstatement of oil and gas lease UTU–72033 for lands in San Juan bid is necessary to determine the SUPPLEMENTARY INFORMATION: specific bid and that the bid is County, Utah, was timely filed and accompanied by one-fifth of the amount required rentals accruing from July 1, (1). CACA 7337—Small Tract Act bid as required by the regulations for a 1996, the date of termination, have been Classification Number 506 Geothermal bid or the minimum paid. On January 4, 1957, 1,581.65 acres of acceptable bid, first year’s rental and The lessees have agreed to new lease public lands were classified as suitable administrative fee as required by the terms for rentals and royalties at rates of for lease under the Act of June 1, 1938, 2 regulations for an oil and gas bid. For $10 per acre and 16 ⁄3 percent, as amended (43 U.S.C. 682a–e). The Form 3200–9, names and addresses are respectively. The $500 administrative lands were segregated from needed to identify entities who will be fee has been paid and the lessees have appropriation under the public land conducting operations on the land. The reimbursed the Bureau of Land laws and the general mining laws. The description of land is necessary to Management for the cost of publishing classification decision was published in determine the area to be entered or this notice. the Federal Register on January 11, Having met all the requirements for disturbed by the proposed exploration 1957 (22FR245). On March 25, 1992, reinstatement of the lease and set out in operation. Dates of commencement and that classification was terminated for all Section 31 (d) and (e) of the Mineral completion are necessary to determine but 180 acres, which are described Leasing Act of 1920 (30 U.S.C. 188), the how long the applicant/operator/ below. The decision to terminate the Bureau of Land Management is contractor intends to conduct operations classification, in part, was published in proposing to reinstate lease UTU–72033, on the land. The forms were developed the Federal Register on February 24, effective July 1, 1996, subject to the in 1990 and 1986 respectively and the 1992 (57FR6331). information required from the public original terms and conditions of the Pursuant to the Federal Land Policy remains the same. lease and the increased rental and and Management Act of 1976, as Based on past experience conducting royalty rates cited above. amended (43 U.S.C. 1701 et seq.), and oil and gas and geothermal lease sales Robert Lopez, the regulations contained in 43 CFR and administering geothermal Group Leader, Minerals Adjudication Group. 2091.7–1(b)(2), Small Tract Act exploration operations, the BLM [FR Doc. 96–22390 Filed 8–30–96; 8:45 am] Classification Number 506 is hereby estimates that the public reporting BILLING CODE 4310±DQ±M terminated in its entirety and the burden for completing to be two hours. segregation for the following described The bidder/lessee/operator/contractor land is hereby terminated: has access to records, plats, and maps [CA±056±1430±01 and CA±059±1430±01; necessary for providing land CACA 7337, CACA 7366, and CAS 585] Mount Diablo Meridian descriptions. The estimate includes time T. 33 N., R. 10W., Termination of Classifications of spent researching bids and assembling Sec. 13, lots 4 through 18, inclusive, Public Lands for Small Tract 1 1 1 1 1 information as well as the time of W ⁄2NE ⁄4, E ⁄2NE ⁄4NW ⁄4, Classification Number 506, Recreation 1 1 1 1 clerical personnel. E ⁄2NW ⁄4NE ⁄4NW ⁄4. It is estimated that approximately 393 and Public Purpose, and Multiple-Use The area described aggregates 180 acres in Form 3000–2 will be filed annually for Management, and Opening Order; Trinity County. California a total of 786 reporting hours and The classification no longer serves a approximately 50 form 3200–9 will be AGENCY: Bureau of Land Management, needed purpose as to the land described filed annually for a total of 100 Interior. above and is hereby terminated. reporting hours. Respondents vary from ACTION: Notice. individuals and small businesses to (2). CACA 7366—Recreation and Public large corporations. SUMMARY: This notice terminates the Purposes Classification Number C3– Any interested member of the public following classifications of public lands, 1131 may request and obtain, without charge, either in their entirety or in part: CACA On May 20, 1971, 231.85 acres of a copy of Form 3000–2 or 3200–9 by 7337—Small Tract Classification public lands were classified as suitable contacting the person identified under Number 506, CACA 7366—Recreation for lease or sale under the Recreation 46482 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices and Public Purposes Act of June 14, Secs. 5 to 7, inclusive, 28, 29, 32, 33, and required to establish a location and to 1926, as amended (43 U.S.C. 869 et 34; initiate a right of possession are seq.). The land was segregated from T. 43 N., R. 12 E., governed by State law where not in appropriation under the public lands Secs. 22 to 27, inclusive; conflict with Federal law. The Bureau of T. 39 N., R. 13 E., laws and the general mining laws. Secs. 1 to 5, inclusive, 11, and 12; Land Management will not intervene in Pursuant to the Federal Land Policy Tps. 40 to 41 N., R. 13 E., disputes between rival locators over and Management Act of 1976, as T. 42 N., R. 13 E., possessory rights since Congress has amended (43 U.S.C. 1701 et seq.), and Sec. 1, SE1⁄4NE1⁄4; provided for such determination in local the regulations contained in 43 CFR Secs. 23 to 26, inclusive, and 35; courts. T. 43 N., R. 13 E., 2091.7–1(b)(1), Recreation and Public Dated: August 23, 1996. Purposes Classification Number C3– Secs. 2, 3, 10, 13, and 15; Ed Hastey, 1131 is hereby terminated, in part, and Secs. 19 to 24, inclusive, and 26 to 30, the segregation for the following inclusive; State Director. T. 44 N., R. 13 E., [FR Doc. 96–22270 Filed 8–30–96; 8:45 am] described land is hereby terminated: Secs. 1, 2, 3, 10, and 11; BILLING CODE 4310±40±P T. 33N., R. 9W., Secs., 14 to 16, inclusive, 22, 23, 26, 27, Sec. 5, NE1⁄4SE1⁄4 34, and 35; Sec. 6, lots 7, 11, 18 and 19; T. 45 N., R. 13 E., [ID±957±1220±00] Sec. 18, lot 91 and tract 86. Secs. 27, 34, and 35; The areas described aggregate 168.69 acres T. 39 N., R. 14 E., Idaho: Filing of Plats of Survey in Trinity County. Secs. 5 and 6; T. 40 N., R. 14 E., The classification no longer serves a The plat of the following described Secs. 4 to 9, inclusive, 16 to 20, inclusive, land was officially filed in the Idaho needed purpose as to the land described and 29 to 32, inclusive; above and is hereby terminated. State Office, Bureau of Land T. 42 N., R. 14 E., Management, Boise, Idaho, effective (3). CAS 585—Classification of Public Secs. 6 to 8, inclusive, 17, 19, 30, and 31; T. 43 N., R. 14 E., 9:00 a.m. August 22, 1996. Lands for Multiple-Use Management Secs. 4, 5, 7, and 17 to 19, inclusive; The plat representing the dependent On January 25, 1968, approximately T. 44 N., R. 14 E., resurvey of a portion of the 103,683 acres of public lands were Secs. 3, 17, 19 to 21, inclusive, 28 to 32, subdivisional lines, the subdivision of classified for multiple-use management inclusive; section 28, and the survey of lot 1 in 1 1 under the Act of September 19, 1964 (43 Sec. 33, NE ⁄4NE ⁄2; section 28, T. 9 N., R. 36 E., Boise T. 46 N., R. 14 E., Meridian, Idaho, Group No. 971, was U.S.C. 1411–18). The lands were Sec. 33; segregated from appropriation only accepted, August 22, 1996. T. 47 N., R. 14 E., This survey was executed to meet under the agricultural land laws (43 Sec. 25. U.S.C., Chs. 7 and 9, 25 U.S.C. 334) and certain administrative needs of the The areas described aggregate Bureau of Land Management. All from sale under section 2455 of the approximately 103,683 acres in Modoc Revised Statutes (43 U.S.C. 1171). County. inquiries concerning the survey of the Pursuant to the Federal Land Policy above described land must be sent to the The classification no longer serves a and Management Act of 1976, as Chief, Cadastral Survey, Idaho State needed purpose as to the lands amended (43 U.S.C. 1701 et seq.), and Office, Bureau of Land Management, described above and is hereby the regulations contained in 43 CFR 3380 Americana Terrace, Boise, Idaho, terminated. 83706–2500. 2091.7–1(b)(3) and 2461.5(c)(2), the At 10 a.m. on October 3, 1996, the classification of public lands for lands described above will be opened to Dated: August 22, 1996. multiple-use management, CAS 585, is the operation of the public land laws Duane E. Olsen, hereby terminated in its entirety and the generally, subject to valid existing Chief Cadastral Surveyor for Idaho. segregation for the following described rights, the provision of existing [FR Doc. 96–22269 Filed 8–30–96; 8:45 am] land is hereby terminated: withdrawals, other segregations of BILLING CODE 4310±GG±M Mount Diablo Meridian record, and the requirement of All public lands in applicable law. All valid applications T. 42 N., R. 9 E., received at or prior to 10 a.m. on Minerals Management Service October 3, 1996 shall be considered as Secs. 1, 2 ,3, 10, 11, 12, 14, and 15; [FES 96±43] T. 41 N., R. 10 E., simultaneously filed at that time. Those Secs. 1 to 3, inclusive, and 10 to 13, received thereafter shall be considered Notice of Availability of the Final inclusive; in the order of filing. Environmental Impact Statement for T. 42 N., R. 10 E., At 10 a.m. on October 3, 1996, the Secs. 1 to 12, inclusive; the Proposed Outer Continental Shelf lands described above will be opened to Oil and Gas Leasing Program for 1997± T. 40 N., R. 11 E., location and entry under the United Secs. 1 to 4, inclusive, 9 to 16, inclusive, 2002 21 to 27, inclusive, 34, and 35; States mining laws, subject to valid T. 41 N., R. 11 E., existing rights, the provisions of existing The Minerals Management Service Secs. 1 to 29, inclusive, and 32 to 36, withdrawals, other segregations of has prepared a final Environmental inclusive; record, and the requirements of Impact Statement (EIS) relating to the T. 42 N., R. 11 E., applicable law. Appropriation of any of Proposed Outer Continental Shelf Oil Secs. 1 to 12, inclusive; the lands described in this notice under and Gas Leasing Program for 1997–2002 T. 40 N., R. 12 E., the general mining laws prior to the date pursuant to section 102(2)(C) of the Secs. 3 to 10, inclusive, 15 to 20, inclusive, and time of restoration is unauthorized. National Environmental Policy Act of 22, and 30; T. 41 N., R. 12 E., Any such attempted appropriation, 1969. Secs. 4 to 9, inclusive, 16 to 22, inclusive, including attempted adverse possession Information on the availability of the 24, 25, and 28 to 34, inclusive; under 30 U.S.C. 38 (1988), shall vest no final EIS can be obtained from: Regional T. 42 N., R. 12 E., rights against the United States. Acts Director, Alaska Region, Minerals Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46483

Management Service, 949 East 36th ADDITIONAL INFORMATION OR COMMENTS: for OMB approval. All comments will Avenue, Anchorage, Alaska 99508– Contact John W. Renaud, Project also become a matter of public record. 4302, attention: Public Information, Coordinator, Branch of State, Tribal, and Terry N. Tesar, telephone (907) 271–6070 or (800) 764– Local Programs, Heritage Preservation Information Collection Coordinator. 2627. For availability of the final EIS Services Division, National Park [FR Doc. 96–22329 Filed 8–30–96; 8:45 am] along the Pacific Coast, contact: Service, U.S. Department of the Interior, BILLING CODE 4310±70±M Regional Director, Pacific Region, P.O. Box 37127, Washington D.C. Minerals Management Service, 770 20013–7127, (202) 343–1059. Paseo, Camarillo, California 93010, SUPPLEMENTARY INFORMATION: Draft General Management Plan/ attention: Public Information, telephone Environmental Impact Statement, (805) 389–7520 or (800) 672–2627. For Title: 36 CFR 61, Procedures for State, Independence National Historical Park, availability of the final EIS along the Tribal, and Local Government Historic PA; Notice of Public Meeting Gulf of Mexico Coast and Atlantic Coast, Preservation Programs. contact Regional Director, Gulf of OMB Number: 1024–0038. Pursuant to Council on Mexico Region, Minerals Management Type of Request: Reinstatement, with Environmental Quality regulations and Service, 1201 Elmwood Park Boulevard, change, of a previously approved National Park Service policy, the New Orleans, Louisiana 70123–2394, collection for which approval has National Park Service (NPS) announces attention: Public Information, telephone expired. two public meetings to gather public (504) 736–2519 or (800) 200–GULF. comments on a September, 1996 Information on the availability of the Abstract: This information collection Supplement to the draft Independence final EIS can be obtained from Chief, has an impact on State and local National Historical Park General Environmental Projects Coordination governments that wish to participate Management Plan/Environmental Branch, Minerals Management Service, formally in the national historic Impact Statement and newsletter. 381 Elden Street, Herndon, Virginia preservation program and who wish to In accordance with section 102(2)(C) 20170–4817, telephone (703) 787–1674. apply for Historic Preservation Fund of the National Environmental Policy Copies of the final EIS will be grant assistance. The National Park Act of 1969, the National Park Service available for review in public libraries Service uses the information to ensure has prepared a general management located throughout the coastal States. compliance with the National Historic plan/environmental impact statement Information regarding the locations of Preservation Act and government-wide for Independence National Historical libraries where copies of the final EIS grant requirements. Park which was on public review during will be available may be obtained from Estimate of Burden: Public reporting September, October, and November, the offices listed above. burden for this collection of information 1995. A Supplement has been produced is estimated to average 14.06 hours per Lucy R. Querques, and will be distributed to cooperating response. agencies, interested groups, individuals, Acting Associate Director for Offshore Minerals Management. Respondents: State and Local and institutions. The Supplement, as Governments. well as the GMP/EIS, are available by Approved: August 27, 1996. telephoning 215–597–1841 and also will Estimated Number of Respondents: Willie R. Taylor, be available at the Independence 363. This is the gross number of Director, Office of Environmental Policy and National Historical Park Visitor Center, respondents for all of the documents Compliance. Third and Chestnut Streets during included in this information collection. [FR Doc. 96–22338 Filed 8–30–96; 8:45 am] public meetings. The net number of States and local BILLING CODE 4310±MR±M governments participating in this Further written public comments will information collection annually is 119. be accepted on the GMP/EIS and Supplement up to October 18, 1996 and National Park Service Estimated Number of Responses per oral comments will be accepted at the Respondent: 1.07. public meetings to be held in the Notice of Request for Reinstatement, Estimated Total Annual Burden on Independence National Historical Park With Change, of a Previously Respondents: 5,384 hours. Visitor Center between the hours of 2:00 Approved Information Collection Copies of this information collection p.m. and 4:00 p.m. on September 24, AGENCY: National Park Service, DOI. can be obtained from Mr. John W. 1996 and again on September 25, 1996 ACTION: Notice and request for Renaud, Project Coordinator, at (202 between the hours of 7:00 p.m. and 9:00 comments. 343–1059). p.m. The Visitor Center is located at Third and Chestnut Streets, Send comments regarding the SUMMARY: In accordance with the Philadelphia, Pennsylvania. Paperwork Reduction Act of 1995, this accuracy of the burden estimate, ways to minimize the burden, including through The GMP/EIS analyzes the issues, notice announces the National Park needs, and concerns of Independence Service’s (NPS’) intention to request a the use of automated collection or other forms of information technology, or any National Historical Park and attempts to reinstatement of, and revisions to, a address them. Examples of such items previously approved information other aspect of this collection of information to: include preservation and use of historic collection for certain activities related to structures, visitor orientation and 36 CFR 61, Procedures for State, Tribal, Mr. John W. Renaud, Project circulation, facilities use and and Local Historic Preservation Coordinator, Branch of State, Tribal, and development, park interpretation, and Programs. The proposed revisions are Local Programs, Heritage Preservation the proposed redevelopment of the based on program changes made since Services, National Park Service, U.S. Independence Mall. Six alternatives for 1989. Department of the Interior, P.O. Box addressing these issues, needs and DATES: Comments to this notice must be 37127, Washington, DC 20013–7127. concerns are outlined within the received by November 4, 1996 to be All responses to this notice will be document. The Supplement addresses assured of consideration. summarized and included in the request revisions to the preferred alternative 46484 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices being considered as a result of public standard forms 269–269A and 272/272A rate differential clause in any of its comment on the plan. for financial reporting. 22 CFR contracts, and also requires defendant to Written comments may be sent to 226.52(b)(1) states that ‘‘when establish an antitrust compliance Independence National Historical Park, additional information is needed to program. comply with legislative requirements, 313 Walnut Street, Philadelphia, Public comment on the proposed Pennsylvania 19106. USAID shall issue instructions to Final Judgment is invited within the Dated: August 20, 1996. require recipients to submit such information in the ‘‘remarks’’ section statutory 60-day comment period. Such Warren D. Beach, that is not legislatively required and, comments and responses thereto will be Associate Field Director, Northeast Field therefore seeks a class deviation to the published in the Federal Register and Area. statute from the Office of Management filed with the Court. Comments should [FR Doc. 96–22330 Filed 8–30–96; 8:45 am] and Budget (OMB) in accordance with be directed to Roger W. Fones, Chief, BILLING CODE 4310±70±M 22 CFR 2276.4. The ENI Bureau wants Transportation, Energy and Agriculture to require that grant and cooperative Section, Suite 500, U.S. Department of agreement recipients working in Justice, Antitrust Division, 325 Seventh AGENCY FOR INTERNATIONAL multiple countries submit expenditure Street, N.W., Washington, D.C. 20530 DEVELOPMENT reports by country. (telephone: 202/307–6351). Submission for OMB Emergency ANNUAL REPORTING BURDEN: Rebecca P. Dick, Number of Respondents: 80. Review; Comment Request Deputy Director, Office of Operations, Total Annual Responses: 640. Antitrust Division. U.S. Agency for International Total Annual Hours requested: 320. Development has submitted the Dated: August 13, 1996. Stipulation following information collection (ICR), Genease E. Pettigrew, It is stipulated by and between the utilizing emergency review procedures, Chief, Information Support Services Division, undersigned parties, by their respective to the Office of Management Budget Office of Administrative Services, Bureau of attorneys that: (OMB) for review and clearance Management. accordance with the Paperwork [FR Doc. 96–22389 Filed 8–30–96; 8:45 am] 1. The Court has jurisdiction over the Reduction Act of 1995 (P.L. 104–13, 44 BILLING CODE 6116±01±M subject matter of this action and over U.S.C. Chapter 35). OMB approval has each of the parties thereto, and venue of been requested by September 20, 1996. this action is proper in the Eastern A copy of this ICR, with applicable DEPARTMENT OF JUSTICE District of Virginia; supporting documentation, may be 2. The parties consent that a Final obtained by calling Mary Ann Ball, M/ Antitrust Division Judgment in the form hereto attached AS/ISS, (202) 736–4743 or via email United States v. Universal Shippers may be filed and entered by the Court, [email protected]. upon the motion of any party or upon Written comments and questions Association, Inc.; Proposed Final the Court’s own motion, at any time about ICR listed below should be Judgment and Competitive Impact after compliance with the requirements forwarded to Victoria Wassmer, OMB Statement of the Antitrust Procedures and Desk Officer, Room 10202, New Notice is hereby given pursuant to the Penalties Act (15 U.S.C. § 16), and Executive Office Building, Washington, Antitrust Procedures and Penalties Act, D.C. 20503. without further notice to any party or 15 U.S.C. § 16(b)–(h), that a proposed other proceedings, provided that The Office of Management and Budget Final Judgment, Stipulation, and is particularly interested in comments Plaintiff has not withdrawn its consent, Competitive Impact Statement have which it may do at any time before the which: (a) Evaluate whether the been filed with the United States entry of the proposed Final Judgment by collection of information is necessary District Court for the Eastern District of serving notice thereof on Defendants for the proper performance of the Virginia in United States v. Universal functions of the agency, including Shippers Association, Inc., Civil No. 96– and by filing that notice with the Court; whether the information will have 1154–A as to Universal Shippers 3. In the event Plaintiff withdraws its practical utility; (b) Evaluate the Association, Inc. consent or if the proposed Final accuracy of the agency’s estimate of the The Complaint alleges that the Judgment is not entered pursuant to this burden of the proposed collection of defendant and Lykes Bros. Steamship Stipulation, this Stipulation shall be of information, including the validity of Co., Inc. entered into a contract no effect whatsoever, and the making of the methodology and assumptions used; containing an ‘‘automatic rate this Stipulation shall be without (c) Enhance the quality, utility, and differential clause,’’ which required prejudice to any party in this or in any clarity of the information to be Lykes to charge competing shippers of other proceeding. collected; and (d) Minimize the burden wine and spirits from Europe to the of the collection of information on the United States rates for ocean This 22nd day of August, 1996. respondents, including the use of transportation services that were at least automated collection techniques or 5% higher than Universal’s for any other forms of information technology. lesser volume of cargo. This clause SUPPLEMENTARY INFORMATION: required maintenance of a 5% Title: Financial Status Report. differential in favor of Universal at all OMB Number: None. times, thereby placing shippers who Type of Review: New Collection. compete with Universal at a competitive Description: USAID for Eastern disadvantage. Europe and Newly Independent States The proposed Final Judgment enjoins (ENI), requests a class deviation from 22 the defendant from maintaining, CFR 226.52 concerning the use of agreeing to, or enforcing an automatic Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46485

For the Plaintiff United States of America: service contract. ‘‘Contract’’ does not Judgment. Promptly upon entry of this Roger W. Fones, include any contract for charter services Final Judgment, defendant shall notify Chief, Transportation, Energy and Agriculture or for ocean common carriage provided in writing each ocean common carrier or Section. at a tariff rate filed pursuant to 46 U.S.C. conference with whom defendant has a Donna N. Kooperstein, App. § 1707. contract containing an automatic rate Assistant Chief, Transportation, Energy and (C) Conference means an association differential clause that this Final Agriculture Section. of ocean common carriers permitted, Judgment prohibits such clause. pursuant to an approved or effective Michele B. Cano, VI Attorney, Transportation, Energy and agreement, to engage in concerted Agriculture Section. activity and to utilize a common tariff Compliance Measures Dennis E. Szybala, in accordance with 46 U.S.C. App. Defendant is ordered: Assistant United States Attorney V.S.B. # § 1701, et seq. (A) To send, promptly upon entry of 22785. (D) Defendant means Universal this Final Judgment, a copy of this Final For the Defendant Universal Shippers Shippers Association, Inc., each of its Judgment to each ocean common carrier Association, Inc.: predecessors, successors, divisions, and or conference whose contract with Ronald N. Cobert, Esquire, subsidiaries, each other person directly defendant contains an automatic rate Grove, Jaskiewicz and Cobert, Suite 400, 1730 or indirectly, wholly or in part, owned differential clause; M Street, N.W., Washington, D.C. 20036–4579. or controlled by it, and each partnership (B) To provide a copy of this Final or joint venture to which any of them Final Judgment Judgment to each director and officer at is a party, and all present and former the time they take office, and to those Plaintiff, United States of America, employees, directors, officers, agents, employees that negotiate contracts, and filed its Complaint on August 22, 1996. consultants or other persons acting for to maintain a record or log of signatures United States of America and Universal or on behalf of any of them. of those persons that they received, Shippers Association, Inc., by their (E) Service contract means any read, understand to the best of their respective attorneys, have consented to contract between a shipper and an ability, and agree to abide by this Final the entry of this Final Judgment without ocean common carrier or conference in Judgment and that they have been trial or adjudication of any issue of fact which the shipper makes a commitment advised and understand that or law. This Final Judgment shall not be to provide a certain minimum quantity noncompliance with the Final Judgment evidence against nor an admission by of cargo over a fixed time period, and may result in disciplinary measures and any party with respect to any issue of the ocean common carrier or conference also may result in conviction of the fact or law. Therefore, before the taking commits to a certain rate or rate person for criminal contempt of court; of any testimony and without trial or schedule as well as a defined service (C) To maintain an antitrust adjudication of any issue of fact or law level. compliance program which shall herein, and upon consent of the parties, (F) Shipper means the owner of cargo include an annual briefing of the it is hereby transported or the person for whose defendant’s Board of Directors, officers Ordered, Adjudged, and Decreed, as account the ocean transportation of and non-clerical employees on this follows: cargo is provided or the person to whom Final Judgment and the antitrust laws. I delivery of cargo is made; ‘‘shipper’’ also means any group of shippers, VII Jurisdiction including a shippers’ association. Plaintiff Access This Court has jurisdiction over the (G) Shippers’ association means a (A) To determine or secure subject matter of this action and over group of shippers that consolidates or compliance with this Final Judgment each of the parties consenting hereto. distributes freight on a nonprofit basis and for no other purpose, duly The Complaint states a claim upon for the members of the group in order authorized representatives of the which relief may be granted against the to secure carload, truckload, or other plaintiff shall, upon written request of defendant under Section 1 of the volume rates or service contracts. the Assistant Attorney General in charge Sherman Act, 15 U.S.C. § 1. III of the Antitrust Division, and on II reasonable notice to the defendant made Applicability to its principal office, be permitted, Definitions (A) This Final Judgment applies to the subject to any legally recognized As used herein, the term: defendant, and to each of its privilege: (A) Automatic rate differential clause subsidiaries, successors, assigns, (1) Access during the defendant’s means any provision in a contract the officers, directors, employees, and office hours to inspect and copy all defendant has with an ocean common agents. documents in the possession or under carrier or conference that requires the the control of the defendant, who may ocean common carrier or conference to IV have counsel present, relating to any maintain a differential in rates, whether Prohibited Conduct matters contained in this Final expressed as a percentage or as a Judgment; and Defendant is restrained and enjoined specific amount, between rates charged (2) Subject to the reasonable from maintaining, adopting, agreeing to, by the ocean common carrier or convenience of the defendant and abiding by, or enforcing an automatic conference to the defendant under the without restraint or interference from it, rate differential clause in any contract. contract and rates charged by the ocean to interview officers, employees or common carrier or conference to any V agents of the defendant, who may have other shipper of the same or competing counsel present, regarding such matters. Nullification commodities for lesser volumes. (B) Upon the written request of the (B) Contract means any contract for Any automatic rate differential clause Assistant Attorney General in charge of the provision of ocean liner in any of defendant’s contracts shall be the Antitrust Division made to the transportation services, including a null and void by virtue of this Final defendant’s principal office, the 46486 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices defendant shall submit such written I Commission (‘‘FMC’’) and are available reports, under oath if requested, relating to all shippers. Lykes Bros. Steamship Nature and Purpose of the Proceeding to any matters contained in this Final Co., Inc. (‘‘Lykes’’) is not a member of Judgment as may be reasonably On August 22, 1996, the United States TACA. Lykes is an ocean common requested, subject to any legally filed a civil antitrust Complaint alleging carrier that provides ocean recognized privilege. that Universal Shippers Association, transportation services for cargo (C) No information or documents Inc. (‘‘Universal’’) entered into an worldwide, including services in the obtained by the means provided in agreement with an ocean common North Atlantic trade between the United Section VIII shall be divulged by the carrier that unreasonably restrains States and Northern Europe. It operates plaintiff to any person other than a duly competition for ocean transportation as an independent carrier in the North authorized representative of the services in violation of Section 1 of the Atlantic, offering transportation services Executive Branch of the United States, Sherman Act, 15 U.S.C. § 1. to all shippers at tariff prices that it sets except in the course of legal proceedings On the same date, the United States independently. In trades with a to which the United States is a party, or and Universal filed a Stipulation by significant conference, such as the for the purpose of securing compliance which they consented to the entry of a North Atlantic trade, independents as with this Final Judgment, or as proposed Final Judgment designed to well as the conference possess some otherwise required by law. undo the challenged agreement and degree of market power over freight prevent any recurrence of such rates because there are relatively few (D) If at the time information or agreements in the future. separate sellers. documents are furnished by the Entry of the proposed Final Judgment Under the 1984 Shipping Act, defendant to plaintiff, the defendant will terminate this action, except that independent carriers or conferences represents and identifies in writing the the Court will retain jurisdiction over may enter into service contracts with material in any such information or the matter for any further proceedings shippers or shippers’ associations. In a documents to which a claim of that may be required to interpret, service contract, a shipper or shippers’ protection may be asserted under Rule enforce or modify the Judgment or to association commits to provide a certain 26(c)(7) of the Federal Rules of Civil punish violations of any of its minimum quantity of cargo over a fixed Procedure, and defendant marks each provisions. period, and the ocean carrier or pertinent page of such material, II conference commits to a certain price ‘‘Subject to claim of protection under schedule based on that volume. Service Rule 26(c)(7) of the Federal Rules of Practices Giving Rise to the Alleged contract prices are typically lower than Civil Procedure,’’ then 10 days notice Violation the tariff prices.1 shall be given by plaintiff to defendant Defendant Universal is a Delaware Universal entered into a service prior to divulging such material in any contract with Lykes on or about October legal proceeding (other than a grand jury corporation with its principal place of business in Bedford, Virginia. A 26, 1993, for the ocean transportation of proceeding) to which defendant is not a wine and spirits from Northern Europe party. shippers’ association is a group of ocean transportation customers (‘‘shippers’’) to the United States. The Lykes/ VIII that consolidates or distributes freight Universal contract contained the following ‘‘automatic rate differential Further Elements of the Final Judgment for its members on a nonprofit basis in order to secure volume discounts. clause’’: (A) This Final Judgment shall expire Universal is itself a shippers’ Carrier guarantees that rates and charges in ten years from the date of entry. association and is composed of member this Contract shall at all times be at least 5% lower than any other tariff, Time Volume or (B) Jurisdiction is retained by this shippers’ associations and large independent distillers that ship their other service contract rates for similar Court for the purpose of enabling the commodities at a lesser volume and parties to this Final Judgment to apply own products. Universal accounts for essentially similar transportation service. As to this Court at any time for further about half of the wine and spirits necessary, Carrier shall reduce rates/charges orders and directions as may be carried across the North Atlantic. in this Contract as necessary to honor this necessary or appropriate to carry out or Prices in the ocean shipping industry guarantee, promptly informing the construe this Final Judgment, to modify are not set in a vigorously competitive Association and the FMC. or terminate any of its provisions, to market. The ocean shipping industry is This clause requires Lykes to charge enforce compliance, and to punish comprised of both conference and competing shippers or shippers’ violations of its provisions. independent ocean common carriers. A associations that purchase lesser conference is a legal cartel of ocean (C) Entry of this Final Judgment is in volumes than Universal a rate that is at common carriers; its members receive the public interest. least 5% higher than Universal’s. immunity from the antitrust laws (46 Other shippers and shippers’ Dated: llll. U.S.C. App. § 1701, et seq., ‘‘1984 associations compete with Universal lllllllllllllllllllll Shipping Act’’) to agree on prices and and its members for importing wines United States District Judge engage in other otherwise illegal and spirits into the United States. Competitive Impact Statement concerted activity. There are over 15 Universal’s competitors seek to carriers that serve the North Atlantic minimize their costs by, inter alia, Pursuant to Section 2(b) of the trade between the United States and obtaining the lowest possible rates for Antitrust Procedures and Penalties Act, Europe, but the majority of these are the ocean transportation of wine and 15 U.S.C. § 16(b)–(h), the United States members of the Trans-Atlantic submits this Competitive Impact Conference Agreement (‘‘TACA’’). 1 Independent carriers and conferences may also Statement relating to the proposed Final TACA is a conference that has received enter into service contracts with non-vessel Judgment submitted for entry against antitrust immunity to jointly fix prices operating common carriers (‘‘NVOCCs’’). An NVOCC offers transportation services to shippers and with the consent of defendant and limit capacity in the North Atlantic but does not operate the vessels. NVOCCs typically Universal Shippers Association, Inc. trade. Their prices are set forth in tariffs consolidate the freight of small shippers and then (‘‘Universal’’) in this civil proceeding. filed with the Federal Maritime arrange for carriage of the consolidated freight. Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46487 spirits. But the automatic rate or conference. Section VIII(A) of the Under the provisions of Section 5(a) of differential clause limited Lykes’ proposed Final Judgment provides for a the Clayton Act, 15 U.S.C. § 16(a), the incentive to offer to Universal’s term of ten years. Section V nullifies proposed Final Judgment has no prima competitors transportation rates as any automatic rate differential clauses facie effect in any subsequent action favorable as Lykes could otherwise currently in effect in any of Universal’s that may be brought against the offer. To comply with the clause, Lykes contracts with an ocean common carrier defendant in this matter. or conference. must either offer these shippers prices VI that are at least 5% higher than the Section VI(A) of the proposed Final prices in Universal’s service contract, or Judgment requires Universal to send a Procedures Available for Modification of it must lower Universal’s price for all of copy of the Final Judgment to each the Proposed Final Judgment Universal’s service contract shipments ocean common carrier whose contract As provided by the Antitrust in order to maintain the 5% differential. with Universal contains an automatic Procedures and Penalties Act, any The latter is not an attractive alternative rate differential clause. Section IV(B) person believing that the proposed for Lykes, given Universal’s volume. requires Universal to provide a copy of Judgment should be modified may And in either case, Universal’s the Final Judgment to each director and submit written comments to Roger W. competitors pay prices 5% higher than officer at the time they take office, and Fones, Chief; Transportation, Energy, Universal—regardless of Lykes’ cost of to those employees that negotiate and Agriculture Section; Department of providing them with transportation— contracts for the provision of ocean liner Justice, Antitrust Division; Liberty Place which adversely affects their ability to transportation services, and to maintain Building, Suite 500; 325 Seventh Street, compete with Universal. a record and log of those signatures that N.W.; Washington, D.C. 20530, within Where there are few separate sellers, they received, read, understand, and the 60-day period provided by the Act. as is the case here, an automatic rate agree to abide by the Final Judgment. Comments received, and the differential clause in effect places a tax Section VI also obligates Universal to Government’s responses to them, will be on the buyer’s competitors. There is a maintain an antitrust compliance filed with the Court and published in danger that this tax will protect the program that meets the obligations the Federal Register. All comments will buyer from competition from firms specified in Section VI(C). In addition, be given due consideration by the whose costs may otherwise be lower Section VII of the Final Judgment sets Department of Justice, which remains than its own, thus erecting barriers to forth a series of measures by which the free, pursuant to Paragraph 2 of the competition. It is the raising of these plaintiff may have access to information Stipulation, to withdraw its consent to barriers to competition with Universal, needed to determine or secure the proposed Final Judgment at any which already has a substantial market Universal’s compliance with the Final time before its entry if the Department presence, that constitutes the Judgment. should determine that some unreasonable restraint of trade in this The relief in the proposed Final modification of the Judgment is case. Judgment removes the contractual warranted in the public interest. The clause that requires the ocean common proposed Judgment itself provides that III carrier or conference to place in essence the Court will retain jurisdiction over Explanation of the Proposed Final a 5% ‘‘tax’’ on the shipping costs of this action, and that the parties may Judgment Universal’s competitors. It restores to apply to the Court for such orders as Universal’s competitors the ability to may be necessary or appropriate for the The Plaintiff and Universal have compete for the lowest shipping prices. stipulated that the Court may enter the modification, interpretation, or proposed Final Judgment after IV enforcement of the Judgment. compliance with the Antitrust Alternative to the Proposed Final VII Procedures and Penalties Act, 15 U.S.C. Judgment § 16 (b)–(h). The proposed Final Determinative Documents Judgment provides that its entry does The alternative to the proposed Final No materials and documents of the not constitute any evidence against or Judgment would be a full trial on the type described in Section 2(b) of the admission of any party concerning any merits of the case. In the view of the Antitrust Procedures and Penalties Act, issue of fact or law. Department of Justice, such a trial 15 U.S.C. § 16(b), were considered in Under the provisions of Section 2(e) would involve substantial costs to both formulating the proposed Judgment, of the Antitrust Procedures and the United States and Universal and is consequently, none are filed herewith. Penalties Act 15 U.S.C. § 16(e), the not warranted because the proposed Final Judgment provides relief that will Dated: August 22, 1996. proposed Final Judgment may not be Respectfully submitted, fully remedy the violations of the entered unless the Court finds that entry Michele B. Cano, is in the public interest. Section VIII(C) Sherman Act alleged in the United States’ Complaint. Attorney, Antitrust Division, U.S. Department of the proposed Final Judgment sets of Justice, 325 Seventh Street, N.W., Suite forth such a finding. V 500, Washington, D.C. 2530, (202) 307–0813. The proposed Final Judgment is Remedies Available to Private Litigants Dennis E. Szybala, designed to eliminate the automatic Assistant United States Attorney, V.S.B. differential clause from defendant’s Section 4 of the Clayton Act, 15 #22785. contracts for the provision of ocean liner U.S.C. § 15, provides that any person transportation services with ocean who has been injured as a result of Certificate of Service common carriers or conferences. Under conduct prohibited by the antitrust laws I hereby certify that, on this day Section IV of the proposed Final may bring suit in federal court to August 22, 1996, I have caused to be Judgment, Universal is restrained and recover three times the damage suffered, served, by hand delivery, a copy of the enjoined from maintaining, adopting, as well as costs and reasonable foregoing Complaint, Stipulation, agreeing to, abiding by, or enforcing an attorney’s fees. Entry of the proposed proposed Final Judgment, and automatic rate differential clause in any Final Judgment will neither impair nor Competitive Impact Statement on contract with an ocean common carrier assist in the bringing of such actions. counsel for Universal Shippers 46488 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

Association, Inc. at the address below: notice in the Federal Register on June Any such comments, objections, or Ronald N. Cobert, Esq., Grove, 3, 1996 (61 FR 27935). requests for a hearing may be addressed Jaskiewicz and Cobert, 1730 M Street, Constance K. Robinson, to the Deputy Assistant Administrator, N.W., Suite 400, Washington, D.C. Director of Operations, Antitrust Division. Office of Diversion Control, Drug 20036–4579. [FR Doc. 96–22273 Filed 8–30–96; 8:45 am] Enforcement Administration, United States Department of Justice, Michele B. Cano, BILLING CODE 4410±01±M Washington, D.C. 20537, Attention: DEA United States Department of Justice, Antitrust Federal Register Representative (CCR), Division, 325 Seventh Street, N.W., Suite 500, Washington, D.C. 20530. Drug Enforcement Administration and must be filed no later than (30 days from publication). [FR Doc. 96–22274 Filed 8–30–96; 8:45 am] Importation of Controlled Substances; This procedure is to be conducted BILLING CODE 4410±01±M Notice of Application simultaneously with and independent of the procedures described in 21 CFR Pursuant to Section 1008 of the 1311.42 (b), (c), (d), (e), and (f). As noted Notice Pursuant to the National Controlled Substances Import and in a previous notice at 40 FR 43745–46 Cooperative Research and Production Export Act (21 U.S.C. 958(i)), the (September 23, 1975), all applicants for Act of 1993ÐThe ATM Forum Attorney General shall, prior to issuing registration to import basic classes of a registration under this Section to a any controlled substances in Schedule I Notice is hereby given that, on August bulk manufacturer of a controlled or II are and will continue to be required 1, 1996, pursuant to § 6(a) of the substance in Schedule I or II and prior to demonstrate the Deputy Assistant National Cooperative Research and to issuing a regulation under Section Administrator, Office of Diversion Production Act of 1993, 15 U.S.C. 1002(a) authorizing the importation of Control, Drug Enforcement § 4301 et seq. (‘‘the Act’’), the ATM such a substance, provide Administration that the requirements Forum (‘‘Forum’’) has filed written manufacturers holding registrations for for such registration pursuant to 21 notifications simultaneously with the the bulk manufacture of the substance U.S.C. 958(a), 21 U.S.C. 823(a), and 21 Attorney General and the Federal Trade an opportunity for a hearing. CFR 1311.42 (a), (b), (c), (d), (e), and (f) Commission disclosing changes in its Therefore, in accordance with Section are satisfied. membership. The notifications were 1311.42 of Title 21, Code of Federal Dated: August 21, 1996. Regulations (CFR), notice is hereby filed for the purpose of extending the Gene R. Haislip, Act’s provisions limiting the recovery of given that on July 16, 1996, Calbiochem- Novabiochem Corporation, 10394 Deputy Assistant Administrator, Office of antitrust plaintiffs to actual damages Diversion Control, Drug Enforcement under specified circumstances. Pacific Center Court, Attn: Receiving Administration. Inspector, San Diego, California 92121– Specifically, the changes are as follows: [FR Doc. 96–22353 Filed 8–30–96; 8:45 am] 4340, made application to the Drug CYLINK Corporation, Sunnyvale, CA; BILLING CODE 4410±09±M California Eastern Labs, Santa Clara, CA; Enforcement Administration to be Canon, Inc., Tokyo, JAPAN; Global One, registered as an importer of the basic Reston, VA; Lucent Technologies, classes of controlled substances listed Importation of Controlled Substances; below: Holmdel, NJ; Netro Corporation, Santa Notice of Application Clara, CA; and Vebacom, Koln, Drug Sched- Pursuant to Section 1008 of the GERMANY have been added to the ule Controlled Substances Import and venture. Company name changes Export Act (21 U.S.C. 958(i)), the include the following: ABB HAFO to Tetrahydrocannabinols (7370) ...... I Mescaline (7381) ...... I Attorney General shall, prior to issuing Mitel Semiconductor AB; Anritsu a registration under this Section to a Wiltron to Anritsu Corporation; and bulk manufacturer of a controlled Cellstream Networks to Sentient Drug Sched- substance in Schedule I or II and prior Networks. Stratacom has withdrawn ule to issuing a regulation under Section from the venture. The following Amphetamine (1100) ...... II 1002(a) authorizing the importation of members have changed from auditing Phencyclidine (7471) ...... II such a substance, provide members to principal members: Coreel Phenylacetone (8501) ...... II manufacturers holding registrations for Microsystems; Olivetti Research; and Cocaine (9041) ...... II the bulk manufacture of the substance UNI Inc. an opportunity for a hearing. No changes have been made in the The firm plans to import small Therefore, in accordance with Section planning activities of the Forum. quantities of the listed controlled 1311.42 of Title 21, Code of Federal Membership remains open, and the substances to make reagents for Regulations (CFR), notice is hereby given that on July 25, 1996, Radian members intend to file additional distribution to the biomedical research International LLC, 8501 North Mopac written notifications disclosing all community. Blvd., P.O. Box 201088, Austin, Texas changes in membership. Any manufacturer holding, or applying for, registration as a bulk 78720, made application to the Drug On April 19, 1993, the Forum filed its manufacturer of these basic classes of Enforcement Administration to be original notification pursuant to § 6(a) of controlled substances may file written registered as an importer of the basic the Act. The Department of Justice comments on or objections to the classes of controlled substances listed published a notice in the Federal application described above and may, at below: Register pursuant to § 6(b) of the Act on the same time, file a written request for June 2, 1993 (58 FR 31415). The last Sched- a hearing on such application in Drug ule notification was filed on May 3, 1996. accordance with 21 CFR 1301.54 in The Department of Justice published a such form as prescribed by 21 CFR 3,4-Methylenedioxy-N- I 1316.47. ethylamphetamine (7404). Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46489

Sched- P.O. Box 12194, Research Triangle Park, and associated response time, should be Drug ule North Carolina 27709, made application directed to the Office of Management to the Drug Enforcement Administration and Budget, Office of Information and 3,4- I (DEA) to be registered as an importer of Regulatory Affairs, Attention: Methylenedioxymethamphetami- the basic classes of controlled Department of Justice Desk Officer, ne (7405). 4-Methoxyamphetamine (7411) ..... I substances listed below: Washington, DC, 20530. Additionally, Benzoylecgonine (9180) ...... II comments may be submitted to OMB via Sched- facsimile to 202–395–7285. Comments Drug ule The firm plans to import the listed may also be submitted to the United controlled substances to make Marihuana (7360) ...... I States Department of Justice, Justice deuterated and non-deuterated drug Cocaine (9041) ...... II Management Division, Information reference standards for analytical and Management and Security Staff, forensic laboratories. No comments or objections have been Attention: Department Clearance Any manufacturer holding, or received. DEA has considered the Officer, Suite 850, Washington Center, applying for, registration as a bulk factors in Title 21, United States Code, 1001 G Street, NW, Washington, DC manufacturer of this basic class of Section 823(a) and determined that the 20530. Additionally, comments may be controlled substance may file written registration of Research Triangle sent to DOJ via facsimile to 202–514– comments on or objections to the Institute to import the listed controlled 1534. application described above and may, at substances is consistent with the public Requests written comments and the same time, file a written request for interest and with United States suggestions from the public and affected a hearing on such application in obligations under international treaties, agencies concerning the proposed accordance with 21 CFR 1301.54 in conventions, or protocols in effect on collection of information address one or such form as prescribed by 21 CFR May 1, 1971, at this time. Therefore, more of the following four points: 1316.47. pursuant to Section 1008(a) of the (1) Evaluate whether the proposed Any such comments, objections, or Controlled Substances Import and collection of information is necessary requests for a hearing may be addressed Export Act and in accordance with Title for the proper performance of the to the Deputy Assistant Administrator, 21, Code of Federal Regulations, Section functions of the agency, including Office of Diversion Control, Drug 1311.42, the above firm is granted whether the information will have Enforcement Administration, United registration as an importer of the basic practical utility; (2) Evaluate the accuracy of the States Department of Justice, classes of controlled substances listed agencies estimate of the burden of the Washington, D.C. 20537, Attention: DEA above. proposed collection of information, Federal Register Representative (CCR), Dated: August 22, 1996. including the validity of the and must be filed no later than (30 days Gene R. Haislip, methodology and assumptions used; from publication). Deputy Assistant Administrator, Office of (3) Enhance the quality, utility, and This procedure is to be conducted Diversion Control, Drug Enforcement clarity of the information to be simultaneously with and independent Administration. collected; and of the procedures described in 21 CFR [FR Doc. 96–22352 Filed 8–30–96; 8:45 am] (4) Minimize the burden of the 1311.42 (b), (c), (d), (e), and (f). As noted BILLING CODE 4410±09±M collection of information on those who in a previous notice at 40 FR 43745–46 are to respond, including through the (September 23, 1975), all applicants for use of appropriate automated, registration to import basic classes of Office of Justice Programs electronic, mechanical, or other any controlled substances in Schedule I technological collection techniques or Bureau of Justice Statistics or II are and will continue to be required other forms of information technology, to demonstrate to the Deputy Assistant Agency Information Collection e.g., permitting electronic submission of Administrator, Office of Diversion responses. Control, Drug Enforcement Activities: Proposed Collection; Comment Request Overview of this information Administration that the requirements collection: for such registration pursuant to 21 ACTION: Notice of Information Collection (1) Type of Information collection: U.S.C. 958(a), 21 U.S.C. 823(a), and 21 Under Review: Capital Punishment Reinstatement, without change, of a CFR 1311.42 (a), (b), (c), (d), (e), and (f) Annual Data Collection. previously approved collection for are satisfied. which approval has expired. Dated: August 21, 1996. Office of Management and Budget (2) Title of the Form/Collection: (OMB) approval is being sought for the Gene R. Haislip, Capital Punishment Report of Inmates information collection listed below. Under Sentence of Death. Deputy Assistant Administrator, Office of This proposed information collection Diversion Control, Drug Enforcement (3) Agency form number, if any, and Administration. was previously published in the Federal the applicable component of the Register and allowed 60 days for public [FR Doc. 96–22354 Filed 8–30–96; 8:45 am] Department of Justice sponsoring the comment. collection: Forms: NPS–8 Report of BILLING CODE 4410±09±M The purpose of this notice is to allow Inmates Under Sentence of Death; NPS– an additional 30 days for public 8A Update Report of Inmates Under Importer of Controlled Substances comments from the date listed at the top Sentence of Death; NPS–8B Status of Notice of Registration of this page in the Federal Register. Death Penalty—No Statute in Force; This process is conducted in accordance NPS–8C Status of Death Penalty— By Notice dated June 27, 1996, and with Code of Federal Regulations, Part Statute in Force. Bureau of Justice published in the Federal Register on 1320.10. Written comments and/or Statistics, Office of Justice Programs, July 5, 1996, (61 FR 35265), Research suggestions regarding the item(s) United States Department of Justice. Triangle Institute, Kenneth H. Davis, Jr., contained in this notice, especially (4) Affected public who will be asked Hermann Building, East Institute Drive, regarding the estimated public burden or required to respond, as well as a brief 46490 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices abstract: Primary: State or Local PREVIOUSLY ANNOUNCED DATES OF scheduling priorities of the key governments. Others: Individuals or MEETING: August 27, 1996, August 28, participants. Visitors will be requested households, and Federal Government. 1996, and August 29, 1996. Meeting has to sign a visitors register. Approximately 52 Attorneys General been canceled. Dated: August 23, 1996. and 52 designated officials responsible FOR FURTHER INFORMATION CONTACT: Mr. Leslie M. Nolan, for keeping records of inmates under P. Douglas Arbuckle, National Advisory Committee Management Officer. sentence of death will be asked to Aeronautics and Space Administration, [FR Doc. 96–22340 Filed 8–30–96; 8:45 am] provide information on condemned Langley Research Center, Hampton, VA inmates’ demographic characteristics, 23681, 804/864–4072. BILLING CODE 7510±01±M legal status at the time of capital offense, Dated: August 22, 1996. capital offense for which imprisoned, [Notice 96±100] number of death sentences imposed, Leslie M. Nolan, criminal history information, reason for Advisory Committee Management Officer. Notice of Prospective Patent License removal if no longer under sentence of [FR Doc. 96–22339 Filed 8–30–96; 8:45 am] AGENCY: National Aeronautics and death, method of execution, and cause BILLING CODE 7510±01±M of death other than by execution. This Space Administration. program analyzes capital punishment ACTION: Notice of prospective patent [Notice 96±101] statutes, and persons under sentence of license. death in State and Federal correctional NASA Advisory Council, Aeronautics SUMMARY: NASA hereby gives notice institutions. The Bureau of Justice Advisory Committee, Air Traffic that Honeywell, Inc., of Glendale, Statistics uses this information in Management Research and Arizona, has requested an exclusive published reports, and for the U.S. Development Executive Steering license to practice the invention Congress, Executive Office of the Committee; Meeting described in U.S. Patent No. 5,173,944, President, practitioners, researchers, entitled ‘‘Head Related Transfer students, the media, and others in the AGENCY: National Aeronautics and Function Pseudo-Stereophony,’’ which criminal justice community. Space Administration. is assigned to the United States of (5) An estimate of the total number of ACTION: Notice of meeting. respondents and the amount of time America as represented by the estimated for an average respondent to SUMMARY: In accordance with the Administrator of the National respond. 304 responses at 1 hour each Federal Advisory Committee Act, Pub. Aeronautics and Space Administration. Written objections to the prospective for the NPS–8; 2,890 responses at 1⁄2 L. 92–463, as amended, the National hour each for the NPS–8A; and 52 Aeronautics and Space Administration grant of a license should be sent to Mr. Ken Warsh, Patent Counsel, Ames responses at 1⁄2 hour each for the NPS– announces a NASA Advisory Council, 8B or NPS–8C. Aeronautics Advisory Committee, Air Research Center. (6) An estimate of the total public Traffic Management Research and DATES: Responses to this notice must be burden (in hours) associated with the Development Executive Steering received by November 4, 1996. collection: 1,775 annual burden hours. Committee meeting. FOR FURTHER INFORMATION CONTACT: Mr. If additional information is required DATES: September 25, 1996, 9:00 a.m. to Ken Warsh, Patent Counsel, Ames contact: Mr. Robert B. Briggs, Clearance 5:00 p.m.; September 26, 1996, 8:30 a.m. Research Center, Mail Code 202A–3, Officer, United States Department of to Noon. Moffett Field, CA 94035; telephone Justice, Information Management and ADDRESSES: National Aeronautics and (415) 604–5104, fax (415) 604–1592. Security Staff, Justice Management Space Administration, Ames Research Dated: August 26, 1996. Division, Suite 850, Washington Center, Center, Building 262, Room 100, Moffett Edward A. Frankle, 1001 G Street, NW, Washington, DC Field, CA 94035. 20530. General Counsel. FOR FURTHER INFORMATION CONTACT: Dated: August 27, 1996. [FR Doc. 96–22341 Filed 8–30–96; 8:45 am] Mr. Herbert W. Schlickenmaier, BILLING CODE 7510±01±M Robert B. Briggs, National Aeronautics and Space Department Clearance Officer, United States Administration, Headquarters, Department of Justice. Washington, DC 20546, 202/358–4638. [FR Doc. 96–22334 Filed 8–30–96; 8:45 am] NATIONAL ARCHIVES AND RECORDS SUPPLEMENTARY INFORMATION: The ADMINISTRATION BILLING CODE 4410±18±M meeting will be open to the public up to the seating capacity of the room. Information Security Oversight Office Agenda topics for the meeting are as NATIONAL AERONAUTICS AND follows: National Industrial Security Program SPACE ADMINISTRATION —National Perspective: NASA Policy Advisory Committee; Notice of [Notice 96±102] Aeronautics Update Meeting —Report on Status of FAA–NASA In accordance with the Federal NASA Advisory Council (NAC), Interagency Air Traffic Management Aeronautics Advisory Committee, Advisory Committee Act (5 U.S.C. App. Integrated Product Team 2) and implementing regulation 41 CFR Subcommittee on Human Factors; —Report on On-Going Air Traffic Meeting 101–6, announcement is made of the Management-Related Research and following committee meeting: Technology at NASA AGENCY: National Aeronautics and Name of Committee: National Industrial Space Administration. —Report on Advanced Air Traffic Technology Element of NASA Security Program Policy Advisory Committee ACTION: Notice of meeting cancellation. Advanced Subsonic Technology (NISPPAC). Date of Meeting: September 24, 1996. FEDERAL REGISTER CITATION OF PREVIOUS Program Time of Meeting: 10:00 a.m. to 12:00 p.m. ANNOUNCEMENT: 61 FR 40662, Notice It is imperative that the meeting be Place of Meeting: National Archives and Number 96–089, August 5, 1996. held on these dates to accommodate the Records Administration, Room 410, Seventh Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46491

Street and Pennsylvania Avenue, NW, Burden may vary depending on the time Schedule B Washington, DC. required for a medical examination. No Schedule B authorities were Purpose: To discuss National Industrial For copies of this proposal, contact established or revoked in July 1996. Security Program policy matters. The agenda Jim Farron on (202) 418–3208, or E-mail will include a discussion on the current to [email protected] Schedule C status of the program, an update on reporting on security costs pertaining to industry, a DATES: Comments on this proposal The following Schedule C authorities discussion of possible approaches to bring should be received on or before October were established July 1996: greater consistency and uniformity to the 3, 1996. National Industrial Security Program ADDRESSES: Send or deliver comments Council on Environmental Quality Operating Manual chapter on automated to— Special Assistant to the Chair. information systems security, and an update Lorraine E. Dettman, Chief, Operations on the most recent draft safeguarding Effective July 12, 1996. Support Division, Retirement and directive. Department of Agriculture This meeting will be open to the public. Insurance Service, U.S. Office of However, due to space limitations and access Personnel Management, 1900 E Street, Confidential Assistant to the Under procedures, the names and telephone NW, Room 3349, Washington, DC Secretary for Rural Economic and numbers of individuals planning to attend 20415–0001 Community Development. Effective July must be submitted to the Information and 3, 1996. Security Oversight Office (ISOO) no later Joseph Lackey, OPM Desk Officer, Special Assistant to the than September 20, 1996. Written statements Office of Information and Regulatory Administrator, Farm Service Agency. from the public will be accepted in lieu of Effective July 3, 1996. an opportunity for comment. Affairs, Office of Management and Budget, New Executive Office Confidential Assistant to the FOR FURTHER INFORMATION CONTACT: Building, NW., Room 3002, Administrator, Rural Business Service. Steven Garfinkel, Director, ISOO, Washington, DC 20503 Effective July 3, 1996. National Archives Building, 700 FOR INFORMATION REGARDING Confidential Assistant to the Chief, Pennsylvania Avenue, NW, Room 100, ADMINISTRATIVE COORDINATIONÐCONTACT: Natural Resources Conservation Service. Washington, DC 20408, telephone (202) Mary Beth Smith-Toomey, Management Effective July 3, 1996. 219–5250. Services Division, (202) 606–0623. Director, Congressional Relations to L. Reynolds Cahoon, U.S. Office of Personnel Management. the Assistant Secretary for Assistant Archivist for Policy and IRM Congressional Relations. Effective July Lorraine A. Green, Services. 3, 1996. [FR Doc. 96–22272 Filed 8–30–96; 8:45 am] Deputy Dierctor. Confidential Assistant to the [FR Doc. 96–22364 Filed 8–30–96; 8:45 am] BILLING CODE 6820±AF±M Administrator, Food, Nutrition and BILLING CODE 6325±01±M Consumer Service. Effective July 23, 1996. Confidential Assistant to the OFFICE OF PERSONNEL Excepted Service MANAGEMENT Administrator, Agricultural Research AGENCY: Office of Personnel Service. Effective July 26, 1996. [RI 30±9] Management. Department of Commerce Submission for OMB Review; ACTION: Notice. Comment Request for Reclearance of Senior Advisor to the Assistant SUMMARY: This gives notice of positions Information Collection Secretary for Import Administration. placed or revoked under Schedules A Effective July 2, 1996. AGENCY: Office of Personnel and B, and placed under Schedule C in Special Assistant to the Senior Management. the excepted service, as required by Advisor to the Department for Puerto ACTION: Notice. Civil Service Rule VI, Exceptions from Rico Initiatives. Effective July 8, 1996. the Competitive Service. Deputy Assistant Secretary for Policy SUMMARY: In accordance with the FOR FURTHER INFORMATION CONTACT: and Planning to the Assistant to the Paperwork Reduction Act of 1995 Patricia Paige, (202) 606–0830. Secretary and Director, Office of Policy (Public Law 104–13, May 22, 1995), this SUPPLEMENTARY INFORMATION: The Office and Strategic Planning. Effective July notice announces that the Office of of Personnel Management published its 26, 1996. Personnel Management will submit to last monthly notice updating appointing Department of Defense the Office of Management and Budget a authorities established or revoked under request for reclearance of the following the Excepted Service provisions of 5 Office Director and Special information collection. RI 30–9, CFR 213 on Monday, July 29, 1996 (61 Coordinator for Cooperative Threat Reinstatement of Disability Annuity FR 39483). Individual authorities Reduction to the Deputy Assistant Previously Terminated Because of established or revoked under Schedules Secretary of Defense for Threat Restoration to Earning Capacity, informs A and B and established under Reduction Policy. Effective July 3, 1996. former disability annuitants of their Schedule C between July 1, 1996, and Special Assistant to the Assistant right to request restoration under title 5, July 31, 1996, appear in the listing Secretary of Defense, International U.S.C., Section 8337. It also specifies below. Future notices will be published Security Policy. Effective July 11, 1996. the conditions to be met and the on the fourth Tuesday of each month, or Department of Education documentation required for a person to as soon as possible thereafter. A request reinstatement. consolidated listing of all authorities as Special Assistant to the Director, Approximately 200 forms are of June 30 will also be published. Office of Educational Technology. completed annually. The form takes Effective July 3, 1996. approximately 60 minutes to respond, Schedule A Special Assistant to the Deputy including a medical examination. The No Schedule A authorities were Secretary of Agriculture. Effective July annual estimated burden is 200 hours. established or revoked in July 1996. 31, 1996. 46492 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

Department of Energy Special Assistant to the Assistant SECURITIES AND EXCHANGE Director, Office of Scheduling and Secretary, International Organizational COMMISSION Affairs. Effective July 12, 1996. Logistics to the Assistant Secretary for [Investment Company Act Release No. Human Resources and Management. Policy Advisor to the Assistant 22175; 811±8708] Effective July 30, 1996. Secretary, Bureau of European and Canadian Affairs. Effective July 30, Arizona Limited Maturity Municipals Department of Health and Human 1996. Portfolio; Notice of Application Services Department of Transportation Director, Office of Scheduling to the August 26, 1996. Chief of Staff, Office of the Secretary. Special Assistant to the Secretary of AGENCY: Securities and Exchange Effective July 19, 1996. Transportation. Effective July 19, 1996. Commission (‘‘SEC’’). ACTION: Notice of Application for Department of the Treasury Department of Housing and Urban Deregistration under the Investment Development Special Assistant to the Deputy Company Act of 1940 (the ‘‘Act’’). Assistant for Congressional Relations Assistant Secretary (Public Liaison). to the Deputy Assistant Secretary for Effective July 3, 1996. APPLICANT: Arizona Limited Maturity Congressional Relations, Office of Senior Advisor, Public Affairs to the Municipals Portfolio. Congressional and Intergovernmental Director of the U.S. Mint. Effective July RELEVANT ACT SECTION: Section 8(f). Affairs. Effective July 10, 1996. 3, 1996. SUMMARY OF APPLICATION: Applicant Special Assistant to the Senior Public Affairs Specialist to the requests an order declaring that it has Advisor to the Secretary. Effective July Assistant Secretary for Public Affairs. ceased to be an investment company. 26, 1996. Effective July 26, 1996. FILING DATE: The application was filed Director, Office of Executive Export-Import Bank of the United States on June 28, 1996 and an amendment Scheduling to the Deputy Secretary. thereto on August 14, 1996. Effective July 30, 1996. Personal and Confidential Assistant to HEARING OR NOTIFICATION OF HEARING: An Deputy Assistant Secretary for the President and Chairman. Effective order granting the application will be Intergovernmental Relations to the July 12, 1996. issued unless the SEC orders a hearing. Assistant Secretary for Congressional Interested persons may request a and Intergovernmental Relations. National Credit Union Administration hearing by writing to the SEC’s Effective July 30, 1996. Staff Assistant to the Board Member. Secretary and serving applicant with a Deputy Director, Office of Executive Effective July 2, 1996. Scheduling to the Director, Office of copy of the request, personally or by Executive Scheduling. Effective July 30, Selective Service System mail. Hearing requests should be 1996. received by the SEC by 5:30 p.m. on Special Assistant to the Director of September 20, 1996, and should be Department of the Interior Selective Service. Effective July 10, accompanied by proof of service on the 1996. Special Assistant to the Secretary of applicant, in the form of an affidavit or, the Interior. Effective July 30, 1996. Small Business Administration for lawyers, a certificate of service. Hearing requests should state the nature Special Assistant to the Assistant Director of Scheduling to the Chief of of the writer’s interest, the reason for the Secretary for Policy, Management and Staff. Effective July 2, 1996. request, and the issues contested. Budget. Effective July 31, 1996. Senior Advisor to the Deputy Persons may request notification of a Special Assistant to the Deputy Administrator, Small Business hearing by writing to the SEC’s Secretary. Effective July 31, 1996. Administration. Effective July 3, 1996. Secretary. Department of Justice Special Assistant to the Associate ADDRESSES: Secretary, SEC, 450 Fifth Chief of Staff to the Assistant Administrator for Communications and Public Liaison. Effective July 19, 1996. Street, N.W., Washington, D.C. 20549. Attorney General, Office of Justice Applicant, 24 Federal Street, Boston, Programs. Effective July 3, 1996. Special Assistant to the Assistant Administrator for Field Operations. Massachusetts 02110. Department of Labor Effective July 22, 1996. FOR FURTHER INFORMATION CONTACT: Diane L. Titus, Paralegal Specialist, at Special Assistant to the Deputy U.S. International Trade Commission Assistant Secretary, Office of (202) 942–0584, or Alison E. Baur, Congressional and Intergovernmental Confidential Assistant to the Branch Chief, at (202) 942–0564 Affairs. Effective July 18, 1996. Commissioner. Effective July 23, 1996. (Division of Investment Management, Office of Investment Company Staff Assistant to the Chief of Staff. United States Tax Court Effective July 29, 1996. Regulation). Trial Clerk to the Judge. Effective July SUPPLEMENTARY INFORMATION: The Department of the Navy (DOD) 12, 1996. following is a summary of the Special Assistant to the Principal Trial Clerk to the Judge. Effective July application. The complete application Deputy Secretary of the Navy 19, 1996. may be obtained for a fee from the SEC’s (Manpower and Reserve Affairs). Trial Clerk to the Judge. Effective July Public Reference Branch. Effective July 15, 1996. 23, 1996. Applicant’s Representations Department of State Authority: 5 U.S.C. 3301 and 3302; E.O. 10577, 3 CFR 1954–1958 Comp., P.218. 1. Applicant is an open-end, non- Special Assistant to the Under diversified management investment Office of Personnel Management. Secretary for Economic Affairs. Effective company organized as a New York trust. July 2, 1996. Lorraine A. Green, Applicant is a master fund in a master- Senior Women’s Coordinator to the Deputy Director. feeder structure. Under Secretary for Global Affairs. [FR Doc. 96–22365 Filed 8–30–96; 8:45 am] 2. On August 19, 1994, applicant Effective July 10, 1996. BILLING CODE 6325±01±M registered under the Act and filed a Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46493 registration statement on Form N–1A. RELEVANT ACT SECTIONS: Order requested pursue their objectives by investing No registration was filed under the under section 6(c) of the Act for an primarily in series of FAIF and FAF Securities Act of 1933 (‘‘Securities Act’’) exemption from section 12(d)(1) of the (‘‘Underlying Portfolios’’). Additional because applicant’s beneficial interests Act and under sections 6(c) and 17(b) of FASF Portfolios may be organized in the were issued solely in private placement the Act for an exemption from section future.1 transactions that did not involve any 17(a) of the Act. 2. The FASF Portfolios initially will public offering within the meaning of SUMMARY OF APPLICATION: Applicants offer their shares in one class that will section 4(2) of the Securities Act. request an order that would permit be subject to an annual shareholder 3. Applicant’s sole feeder fund FASF to invest primarily in the servicing fee equal to .25% of average terminated its operations and, therefore, securities of certain affiliated daily assets. This class will not be applicant is doing the same. On investment companies in excess of the subject to front-end or deferred sales November 20, 1995, applicant’s Board of limits of section 12(d)(1). charges, redemptions fees, or Rule 12b– Trustees unanimously approved the FILING DATE: The application was filed 1 distribution fees, although such liquidation of applicant, effective on July 5, 1996, and amended on August charges and fees may be imposed in the January 31, 1996. No shareholder 22, 1996. future. 3. FAIF is organized under Maryland approval was requested by the HEARING OR NOTIFICATION OF HEARING: An Declaration of Trust of Applicant, or by order granting the application will be law and registered as an open-end applicable law. issued unless the SEC orders a hearing. management investment company 4. By May 2, 1996, applicant Interested persons may request a under the Act. FAIF offers its shares in redeemed both of its beneficial interests hearing by writing to the SEC’s 20 series with varying investment which were held by Eaton Vance Secretary and serving applicants with a objectives and policies. The series of Arizona Limited Maturity Municipals copy of the request, personally or by FAIF that are currently proposed to be Fund, a series of Eaton Vance mail. Hearing requests should be used as Underlying Portfolios are: Investment Trust, and Eaton Vance received by the SEC by 5:30 p.m. on Equity Income Fund, Stock Fund, Management. Each interest holder September 20, 1996, and should be Diversified Growth Fund, Emerging received cash equal to the net asset accompanied by proof of service on Growth Fund, Regional Equity Fund, value of its interest in applicant. applicants, in the form of an affidavit, Special Equity Fund, International 5. Applicant has no securityholders, or, for lawyers, a certificate of service. Fund, Technology Fund, Health liabilities or assets. Applicant is not a Hearing requests should state the nature Sciences Fund, Real Estate Securities party to any litigation or administrative of the writer’s interest, the reason for the Fund, and Fixed Income Fund. FAF is proceeding. Applicant is not now request, and the issues contested. organized under Minnesota law and engaged, nor does it propose to engage, Persons may request notification of a registered as an open-end management in any business activities other than hearing by writing to the SEC’s investment company under the Act. those necessary for the winding up of its Secretary. FAF offers its shares in three series. Each series holds itself out to the public affairs. ADDRESSES: Secretary, SEC 450 Fifth 6. Applicant will take all required Street, N.W., Washington, D.C. 20549. as a money market fund and is subject actions to terminate its existence as a Applicants: FASF, FAIF, FAF and SEI, to the requirements of rule 2a–7 under New York trust upon receipt of an order 680 East Swedesford Road, Wayne, the Act. The series of FAF that is from the SEC that it has ceased to be an Pennsylvania, 19087; First Bank, 601 currently proposed to be used as an investment company. Second Avenue South, Minneapolis, Underlying Portfolio is the Prime Obligations Fund. Additional series of For the SEC, by the Division of Investment Minnesota 55402. FAIF and FAF that comply with the Management, under delegated authority. FOR FURTHER INFORMATION CONTACT: conditions set forth herein may be used Margaret H. McFarland, Mercer E. Bullard, Branch Chief, at (202) as Underlying Portfolios in the future. Deputy Secretary. 942–0564, or Elizabeth G. Osterman, 4. The Underlying Portfolios offer [FR Doc. 96–22360 Filed 8–30–96; 8:45 am] Assistant Director, at (202) 942–0564 their shares in several classes. The (Division of Investment Management, BILLING CODE 8010±01±M FASF Portfolios initially will invest Office of Investment Company only in a class of an Underlying Regulation). Portfolio which is not subject to front- SUPPLEMENTARY INFORMATION: The [Investment Company Act Release No. end of deferred sales charges, 22173; 812±10236] following is a summary of the redemption fees, rule 12b–1 distribution application. The complete application fees, or shareholder servicing fees. The First American Strategy Funds, Inc., et may be obtained for a fee from the SEC’s FASF Portfolios in the future may invest al.; Notice of Application Public Reference Branch. in one or more classes of the Underlying Portfolios which bear such charges and August 26, 1996. Applicants’ Representations fees. AGENCY: Securities and Exchange 1. FASF, a Minnesota corporation, is 5. First Bank, a national banking Commission (‘‘SEC’’). registered as an open-end management association, is the investment adviser ACTION: Notice of Application for an investment company under the Act. On for each of the FASF Portfolios and the Order under the Investment Company July 2, 1996, FASF filed a registration Underlying Portfolios. First Bank is a Act of 1940 (‘‘Act’’). statement under the Securities Act of wholly-owned subsidiary of First Bank 1933 for the offering of four series: System, Inc. (‘‘FBS’’), a bank holding APPLICANTS: First American Strategy Income Fund, Growth and Income company. First Bank’s investment Funds, Inc. (‘‘FASF’’); First American Fund, Growth Fund, and Aggressive advisory fees with respect to each FASF Investment Funds, Inc. (‘‘FAIF’’); First Growth Fund (collectively, ‘‘FASF Portfolio and Underlying Portfolio are American Funds, Inc. (‘‘FAF’’); First Portfolios’’). Each FASF Portfolio will Bank National Association (‘‘First be separately managed and pursue a 1 Applicants request relief for such additional Bank’’); SEI Financial Services distinct set of investment objectives and FASF Portfolios, subject to the terms and conditions Company (‘‘SEI’’). policies. The FASF Portfolios will set forth herein. 46494 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices calculated as a per annum percentage of interest between an FASF Portfolio and and administrative costs); (2) undue net assets of each Portfolio. With respect an Underlying Portfolio. For example, influence by the fund holding company to one of the Underlying Portfolios when a redemption by an FASF over its underlying funds; (3) the threat (FAIF’s International Fund), First Bank Portfolio would cause the Underlying of large scale redemptions of the has engaged a subadviser, Marvin & Portfolio to incur sizable brokerage securities of the underlying investment Palmer Associates, Inc., which is not commissions, the transaction may be companies; and (4) unnecessary affiliated with First Bank or any of its effected in-kind so that the brokerage complexity. For the following reasons, affiliates. First Trust National costs would be borne only by the FASF applicants believe that the proposed Association, a wholly-owned subsidiary Portfolio and not by the Underlying arrangements will not give rise to these of FBS, is the custodian for the FASF Portfolio’s shareholders. Any such in- dangers. Portfolios and the Underlying Portfolios. kind redemption would be made pro 4. Applicants contend that the 6. SEI, which is not affiliated with rata and comply with paragraph (a) proposed structure will not raise the First Bank, is principal underwriter for through (f) of rule 17a–7 under the Act, sales charge layering concerns each FASF Portfolio and Underlying except that the consideration for the underlying section 12(d)(1). The FASF Portfolio. Applicants request relief for securities distributed by the Underlying initially will offer one class of shares SEI only in its capacity as principal Portfolio would be the Underlying that charges an annual shareholder underwriter for the FASF Portfolios and Portfolio’s shares rather than cash. servicing fee of .25% of average daily Underlying Portfolios and not in its 10. Applicants request that any relief assets. This class will not be subject to capacity as principal underwriter for granted pursuant to the application also any front-end or deferred sales charges, other groups of investment companies.2 apply to any open-end management redemption fees, or rule 12b–1 Applicants request that the relief extend investment company that is or will be distribution fees. The class of to any future principal underwriter for part of the same ‘‘group of investment Underlying Portfolio shares in which the FASF Portfolios and the Underlying companies,’’ as defined in rule 11a–3 the FASF Portfolios will invest initially Portfolios, provided the conditions set under the Act, as FASF.3 will not be subject to any front-end or forth herein are satisfied. deferred sales charges, redemption fees, Applicant’s Legal Analysis 7. The investment objectives of the rule 12b–1 distribution fees, or FASF Portfolios are intended to provide 1. Section 12(d)(1)(A) of the Act shareholder servicing fees. Although differing balances between the provides that no registered investment future classes of FASF Portfolios and objectives of current income and growth company may acquire securities of classes of Underlying Portfolios in of capital. First Bank will allocate and another investment company if such which the FASF Portfolios invest may re-allocate the FASF Portfolios’ assets securities represent more than 3% of the be subject to such charges and fees, any among the Underlying Portfolios acquired company’s outstanding voting sales charges or service fees relating to according to initial percentage ranges as stock, more than 5% of the acquiring the shares of an FASF Portfolio will not described in the application. company’s total assets, or if such exceed the limits set forth in rule 2830 8. The FASF Portfolios will invest securities, together with the securities of of the NASD’s Conduct Rules when primarily in Underlying Portfolio any other acquired investment aggregated with any sales charges or shares. The FASF Portfolios also may companies, represent more than 10% of service fees that the FASF Portfolio pays invest in cash and cash item for the acquiring company’s total assets. relating to Underlying Portfolio shares. temporary defensive purposes and to Section 12(d)(1)(B) provides that no 5. With regard to concerns about maintain liquidity, and in futures registered open-end investment layering of advisory fees, applicants contracts and options on futures in company may sell its securities to state that, before approving any advisory order to: remain fully invested in another investment company if the sale contract under section 15 of the Act, the proportions consistent with their will cause the acquiring company to board of directors of FASF, including a current asset allocation strategy in a cost own more than 3% of the acquired majority of the directors who are not effective manner; re-allocate assets company’s voting stock, or if the sale ‘‘interested persons,’’ as defined in among asset categories while will cause more than 10% of the section 2(a)(19) of the Act, will find that minimizing transaction costs; maintain acquired company’s voting stock to be any advisory fees charged under the cash reserves while simulating full owned by investment companies. contract are based on services provided investment; facilitate trading; or seek 2. Section 6(c) of the Act provides that that are in addition to, rather than higher investment returns when a the SEC may exempt persons or duplicative of, services provided under futures contract is priced more transactions from any provision of the any Underlying Portfolio advisory attractively than the underlying security Act if such exemption is necessary or contract. or index. appropriate in the public interest and 6. Applicants believe that, while 9. The FASF Portfolios may redeem consistent with the protection of administrative and other fees are Underlying Portfolio shares through in- investors and the purposes fairly expected to be charged at both the FASF kind distributions of portfolio securities intended by the policy and provisions of Portfolio and Underlying Portfolio of Underlying Portfolios. The FASF the Act. levels, overall expenses may be reduced Portfolio would hold such securities 3. The restrictions in section 12(d)(1) under the proposed arrangement. until its adviser determined that is was were intended to prevent certain abuses Applicants anticipate that the total appropriate to dispose of them. Such in- perceived to be associated with the expense ratio of the FASF Portfolios, kind distributions would be made only pyramiding of investment companies, including the expenses borne directly at in order to resolve potential conflicts of including: (1) Unnecessary duplication the FASF Portfolio level and indirectly of costs (e.g. sales loads, advisory fees, at the Underlying Portfolio level, will be 2 SEI previously received an SEC order to permit disclosed in the FASF Portfolios’ the operation of a ‘‘fund or funds’’ similar to that 3 Rule 11a–3 under the Act defines ‘‘group of prospectuses. Applicants contend that proposed herein where all of the funds were investment companies’’ as two or more companies investors will have a means for advised or distributed by SEI. SEI Institutional that: (1) Hold themselves out to investors as related Managed Trust, Investment Company Act Release companies for purposes of investment and investor determining whether the layering of No. 21539 (Nov. 22, 1995) (notice) and 21615 (Dec. services, and (2) have a common investment adviser administrative and other expenses 20, 1995) (order). or principal underwriter. results in total expense ratios which are Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46495 out of line from those of other mutual FAIF series’ assets (‘‘Cash Sweep and is consistent with the purposes of funds. Order’’).4 the Act for the reasons discussed above. 7. Applicants believe that the FASF 11. Section 17(a) of the Act makes it Applicants’ Conditions unlawful for an affiliated person of a Portfolios will provide a simple means Applicants agree that the order through which investors can obtain registered investment company to sell securities to, or purchase securities granting the requested relief shall be professional allocation services. subject to the following conditions: Applicants also believe that any from, the company. Applicants believe that the FASF Portfolios and the 1. Each FASF Portfolio and each additional expenses associated with Underlying Portfolio will be part of the Underlying Portfolios could be deemed investing in FASF will be deemed by same ‘‘group of investment companies,’’ ‘‘affiliated persons’’ of each other, as many investors to be outweighed by the as defined in rule 11a–3 under the Act. defined in section 2(a)(3) of the Act, by benefits received by such investors in 2. No Underlying Portfolio will virtue of being under the control of a the form of such asset allocation acquire securities of any other common investment adviser, First Bank, services. investment company in excess of the or because an FASF Portfolio owns 5% 8. Applicants contend that the risk limits contained in Section 12(d)(1)(A) or more of the shares of an Underlying of the 1940 Act, except as permitted that a ‘‘fund of funds’’ may be able to Portfolio. Applicants believe that under the Cash Sweep Order. control the management decisions of the purchases by the FASF Portfolios of 3. A majority of the Board of Directors underlying funds by threatening large Underlying Portfolio shares and sales by of FASF will not be ‘‘interested redemptions is not relevant to the the Underlying Portfolios of their shares persons,’’ as defined in section 2(a)(19) proposed arrangements. The FASF to the FASF Portfolios may be deemed of the Act. Portfolios and the Underlying Portfolios to be principal transactions between 4. Any sales charges or service fees will be part of the same ‘‘group of affiliated persons under section 17(a). charged relating to the shares of an investment companies,’’ as defined in 12. Section 17(b) of the Act provides FASF Portfolio, when aggregated with rule 11a–3 under the Act, and the FASF that the SEC shall exempt a proposed any sales charges or service fees paid by Portfolios and Underlying Portfolios transaction from section 17(a) if the FASF Portfolio relating to its therefore will share the same or evidence establishes that: (1) The terms acquisition, holding or disposition of affiliated investment advisers or of the proposed transaction are shares of the Underlying Portfolios, will principal underwriters. Applicants reasonable and fair and do not involve not exceed the limits set forth in rule argue that, where the FASF Portfolios overreaching; (2) the proposed 2830 of the NASD’s Conduct Rules. and Underlying Portfolios have a transaction is consistent with the 5. Before approving any advisory common investment adviser and policies of the registered investment contract under section 15 of the Act, the investment decisions for the Underlying company involved; and (3) the proposed Board of Directors of FASF, including a Portfolios already are controlled by the transaction is consistent with the majority of Directors who are not adviser for the FASF Portfolios, the general provisions of the Act. ‘‘interested persons,’’ as defined in adviser has no incentive to wield this 13. Applicants request an exemption section 2(a)(19), will find that the control in a manner which is under section 6(c) from the limits of advisory fees charged under the contract detrimental to the Underlying sections 12(d)(1) (A) and (B), and under are based on services provided that are Portfolios. sections 6(c) and 17(b) from section in addition to, rather than duplicative 17(a), to permit the transactions of, services provided under any 9. Applicants contend that the FASF described above. Applicants believe that Underlying Portfolio advisory contract. Portfolios will be structured in a manner the requested exemptions are fully The finding, and the basis upon which intended to minimize problems related consistent with the policies and the finding was made, will be recorded to the impact that large scale purposes of the Act and that, for the fully in the minute books of the FASF redemptions may have on the orderly reasons provided above, it would be Portfolios. management of the Underlying appropriate for the SEC to grant the 6. Applicants agree to provide the Portfolios. The FASF Portfolios requested relief under section 6(c). following information, in electronic generally are designed for long-term 14. Applicants also believe that the format, to the Chief Financial Analyst of investors, which applicants assert section 17(b) standard has been satisfied the SEC’s Division of Investment should reduce the possibility of the for the following reasons. First, the Management: monthly average total FASF Portfolios being used as short- consideration paid for the sale and assets of each FASF Portfolio and term trading vehicles and further protect redemption of Underlying Portfolio Underlying Portfolio; monthly the FASF Portfolios and the Underlying shares will be based on the net asset purchases and redemptions (other than Portfolios from unexpected large values of the Portfolios, subject to any by exchange) for each FASF Portfolio redemptions. applicable sales charges. Second, the and each Underlying Portfolio; monthly exchanges into and out of each FASF 10. Applicants believe that the investment of assets of the FASF Portfolio and each Underlying Portfolio; problem of unnecessarily complex Portfolios in Underlying Portfolio shares month-end allocations of each FASF investment vehicles is addressed by the and the issuance of Underlying Portfolio shares will be effected in accordance Portfolio’s assets among the Underlying condition set forth herein that prohibits Portfolios; annual expense ratios for Underlying Portfolios from acquiring with each FASF Portfolio’s investment restrictions and will be consistent with each FASF Portfolio and each securities in another investment Underlying Portfolio; and a description company in excess of the limits of the policies as set forth in each FASF Portfolio’s registration statement. of any vote taken by the shareholders of section 12(d)(1)(A), except as authorized any Underlying Portfolio, including a under a prior SEC order that permits Finally, the Proposed arrangement does not involve overreaching by applicants statement of the percentage of votes case series of FAIF to invest in series of FAF for and against the proposal by the in excess of the limits of section FASF Portfolios and by the other 12(d)(1)(A)(ii) of the Act up to the 4 First American Investment Funds, Inc., Investment Company Act Release Nos. 21722 (Jan. shareholders of the Underlying greater of $2.5 million or 5% of the 30, 1996) (notice) and 21784 (Feb. 27, 1996) (order). Portfolio. The information will be 46496 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices provided as soon as reasonably SUPPLEMENTARY INFORMATION: The [Investment Company Act Release No. practicable following each fiscal year- following is a summary of the 22176; 811±8710] end of the FASF Portfolio (unless the application. The complete application Chief Financial Analyst shall notify Virginia Limited Maturity Municipals may be obtained for a fee from the SEC’s Portfolio; Notice of Application applicants in writing that such Public Reference Branch. information need no longer be August 26, 1996. Applicant’s Representations submitted). AGENCY: Securities and Exchange For the Commission, by the Division of 1. Applicant is an open-end, non- Commission (‘‘SEC’’). Investment Management, under delegated diversified management investment ACTION: Notice of Application for authority. company organized as a New York trust. Deregistration under the Investment Margaret H. McFarland, Applicant is a master fund in a master- Company Act of 1940 (the ‘‘Act’’). Deputy Secretary. feeder structure. [FR Doc. 96–22356 Filed 8–30–96; 8:45 am] APPLICANT: Virginia Limited Maturity BILLING CODE 8010±01±M 2. On August 19, 1994, applicant Municipals Portfolio. registered under the Act and filed a RELEVANT ACT SECTION: Section 8(f). registration statement on Form N–1A. SUMMARY OF APPLICATION: Applicant [Investment Company Act Release No. No registration was filed under the 22174; 811±8712] requests an order declaring that it has Securities Act of 1933 (‘‘Securities Act’’) ceased to be an investment company. because applicant’s beneficial interests North Carolina Limited Maturity FILING DATE: The application was filed were issued solely in private placement Municipals Portfolio; Notice of on June 28, 1996 and an amendment Application transactions that did not involve any thereto on August 14, 1996. public offering within the meaning of HEARING OR NOTIFICATION OF HEARING: An August 26, 1996. section 4(2) of the Securities Act. AGENCY: Securities and Exchange order granting the application will be Commission (‘‘SEC’’). 3. Applicant’s sole feeder fund issued unless the SEC orders a hearing. terminated its operations and, therefore, ACTION: Notice of Application for Interested persons may request a Deregistration under the Investment applicant is doing the same. On hearing by writing to the SEC’s Company Act of 1940 (the ‘‘Act’’). November 20, 1995, applicant’s Board of Secretary and serving applicant with a Trustees unanimously approved the copy of the request, personally or by APPLICANT: North Carolina Limited liquidation of applicant, effective mail. Hearing requests should be receive Maturity Municipals Portfolio. January 31, 1996. No shareholder by the SEC by 5:30 p.m. on September RELEVANT ACT SECTION: Section 8(f). approval was required by the 20, 1996, and should be accompanied SUMMARY OF APPLICATION: Applicant Declaration of Trust of Applicant, or by by proof of service on the applicant, in requests an order declaring that it has applicable law. the form of an affidavit or, for lawyers, a certificate of service. Hearing requests ceased to be an investment company. 4. By March 7, 1996, applicant should state the nature of the writer’s FILING DATE: The application was filed redeemed both of its beneficial interests on June 28, 1996 and an amendment interest, the reason for the request, and which were held by Eaton Vance North the issues contested. Persons may thereto on August 14, 1996. Carolina Limited Maturity Municipals HEARING OR NOTIFICATION OF HEARING: An request notification of a hearing by Fund, a series of Eaton Vance writing to the SEC’s Secretary. order granting the application will be Investment Trust, and Eaton Vance issued unless the SEC orders a hearing. ADDRESSES: Secretary, SEC, 450 Fifth Management. Each interest holder Street, N.W., Washington, D.C. 20549. Interested persons may request a received cash equal to the net asset hearing by writing to the SEC’s Applicant, 24 Federal Street, Boston, value of its interest in applicant. Secretary and serving applicant with a Massachusetts 02110. copy of the request, personally or by 5. Applicant has no securityholders, FOR FURTHER INFORMATION CONTACT: mail. Hearing requests should be liabilities or assets. Applicant is not a Diane L. Titus, Paralegal Specialist, at received by the SEC by 5:30 p.m. on party to any litigation or administrative (202) 942–0584, or Alison E. Baur, September 20, 1996, and should be proceeding. Applicant is not now Branch Chief, at (202) 942–0564 accompanied by proof of service on the engaged, nor does it propose to engage, (Division of Investment Management, applicant, in the form of an affidavit or, in any business activities other than Office of Investment Company for lawyers, a certificate of service. those necessary for the winding up of its Regulation). Hearing requests should state the nature affairs. SUPPLEMENTARY INFORMATION: The of the writer’s interest, the reason for the 6. Applicant will take all required following is a summary of the request, and the issues contested. actions to terminate its existence as a application. The complete application Persons may request notification of a New York trust upon receipt of an order may be obtained for a fee from the SEC’s hearing by writing to the SEC’s Public Reference Branch. Secretary. from the SEC that it has ceased to be an investment company. ADDRESSES: Secretary, SEC, 450 Fifth Applicant’s Representations Street, N.W., Washington, D.C. 20549. For the SEC, by the Division of Investment 1. Applicant is an open-end, non- Applicant, 24 Federal Street, Boston, Management, under delegated authority. diversified management investment Massachusetts 02110. Margaret H. McFarland, company organized as a New York trust. FOR FURTHER INFORMATION CONTACT: Deputy Secretary. Applicant is a master fund in a master- Diane L. Titus, Paralegal Specialist, at [FR Doc. 96–22359 Filed 8–30–96; 8:45 am] feeder structure. (202) 942–0584, or Allison E. Baur, 2. On August 19, 1994, applicant Branch Chief, at (202) 942–0564 BILLING CODE 8010±01±M registered under the Act and filed a (Division of Investment Management, registration statement on Form N–1A. Office of Investment Company No registration was filed under the Regulation). Securities Act of 1933 (‘‘Securities Act’’) Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46497 because applicant’s beneficial interests (‘‘Commission’’) the proposed rule A. Self-Regulatory Organization’s were issued solely in private placement change as described in Items I and II Statement of the Purpose of, and transactions that did not involve any below, which Items have been prepared Statutory Basis for, the Proposed Rule public offering within the meaning of by the self-regulatory organization. On Change section 4(2) of the Securities Act. August 22, 1996, the Exchange filed 1. Purpose 3. Applicant’s sole feeder fund with the Commission Amendment No. 1 The purpose of the proposed rule terminated its operations and, therefore, to the proposed rule change.3 The change is to amend the qualifications for applicant is doing the same. On Commission is publishing this notice to members of joint accounts to participate November 20, 1995, applicant’s Board of solicit comments on the proposed rule Trustees unanimously approved the in SPX RAES.5 Specifically, the change from interested persons and to Exchange is proposing to specify that liquidation of applicant, effective grant accelerated approval of the January 31, 1996. No shareholder market-makers participating in RAES proposed rule change, as amended. approval was required by the through joint accounts must meet the Declaration of Trust of Applicant, or by I. Self-Regulatory Organization’s same eligibility requirements for applicable law. Statement of the Terms of Substance of market-makers participating through 4. By March 7, 1996, applicant the Proposed Rule Change individual accounts. Currently, the one redeemed both of its beneficial interests difference in the requirements is that which were held by Eaton Vance The Exchange proposes to conform each member of a joint account that Virginia Limited Maturity Municipals the qualifications that members participates on RAES must execute at Fund, a series of Eaton Vance participating through joint accounts least 75% of his or her market-maker Investment Trust, and Eaton Vance must meet in order to participate on the contracts for the preceding month in Management. Each interest holder Retail Automatic Execution System SPX, while those participating through received cash equal to the net asset (‘‘RAES’’) in Standard & Poor’s 500 individual accounts have a 50% value of its interest in applicant. options (‘‘SPX’’) to those qualifications requirement, as recently approved by 6 5. Applicant has no security holders, that must be met by market-makers the Commission. liabilities or assets. Applicant is not a trading on RAES through their The Exchange notes that at the time it proposed to change the eligibility party to any litigation or administrative individual accounts.4 Pursuant to the requirements for market-makers proceeding. Applicant is not now change, members of joints accounts who participating in RAES through engaged, nor does it propose to engage, execute at least 50%, instead of 75% (as in any business activities other than individual accounts, the Exchange Rule 24.16 currently states), of their intended to make the same eligibility those necessary for the winding up of its market-maker contracts for the affairs. change for market-makers participating preceding calender month in SPX may 6. Applicant will take all required in RAES through joint accounts. participate on RAES. The text of the actions to terminate its existence as a Through an oversight, however, the New York trust upon receipt of an order proposed rule change is available at the Exchange did not revise the Rule from the SEC that it has ceased to be an Office of the Secretary, CBOE and at the 24.16(c)(i) language describing the investment company. Commission. eligibility requirements for market- II. Self-Regulatory Organization’s makers participating in joint accounts. For the SEC, by the Division of Investment The Exchange believes that the Management, under delegated authority. Statement of the Purpose of, and rational for minimum eligibility Margaret H. McFarland, Statutory Basis for, the Proposed Rule requirements is the same for market- Deputy Secretary. Change makers participating through individual [FR Doc. 96–22361 Filed 8–30–96; 8:45 am] In its filing with the Commission, the accounts and those participating BILLING CODE 8010±01±M self-regulatory organization included through joint accounts. Accordingly, the statements concerning the purpose of Exchange believes that the minimum eligibility requirements for individual [Release No. 34±37612; File No. SR±CBOE± and basis for the proposed rule change and joint accounts should be set at the 96±51] and discussed any comments it received same threshold. In both cases, the on the proposed rule change. The text Self-Regulatory Organizations; Notice eligibility requirements generally ensure of Filing and Order Granting of these statements may be examined at that those market-makers who are Accelerated Approval of Proposed the places specified in Item IV below. satisfying the public customer orders at Rule Change by the Chicago Board The self-regulatory organization has the prevailing bid or offer are the same Options Exchange, Incorporated prepared summaries, set forth in market-makers who have made a Relating to Eligibility Requirements for Sections A, B, and C below, of the most commitment to make markets on a Participation on the RAES System in significant aspects of such statements. regular basis at the SPX post. SPX Options The Exchange notes that whether a particular market-maker participates in August 27, 1996. Pursuant to Section 19(b)(1) of the 5 RAES is the Exchange’s automatic execution Securities Exchange Act of 1934 system for small (generally less than 10 contracts) (‘‘Act’’),1 and Rule 19b–4 2 thereunder, 3 Amendment No. 1 is a technical amendment public customer market or marketable limit orders. clarifying the term ‘‘preceding month’’ as used in When an order is entered through RAES, the system notice is hereby given that on July 26, automatically attaches to the order its execution 1996, the Chicago Board Options Rules 24.16 and 24.17. See letter from Timothy Thompson, Senior Attorney, CBOE to John price, determined by the prevailing market quote at the time or the order’s entry into the system. A buy Exchange, Incorporated (‘‘CBOE’’ or Ayanian, Attorney, Office of Market Supervision, ‘‘Exchange’’) filed with the Securities order pays the offer; a sell order sells at the bid. An Division of Market Regulation, Commission, dated eligible SPX market-maker who is signed onto the and Exchange Commission August 20, 1996. system at the time the order is received will be 4 See Securities Exchange Act Release No. 37348 designated to trade with the public customer order 1 15 U.S.C. § 78s(b)(1). (June 21, 1996), 61 FR 33788 (June 28, 1996) (File at the assigned price. 2 17 CFR 240.19b–4. No. SR–CBOE–96–19). 6 See Release No. 34–37348, supra note 4. 46498 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

RAES through an individual or a joint Exchange to apply the same minimum Amendment No. 1 to the proposed rule account is a business decision of the eligibility requirements for participation change on an accelerated basis. market-maker, and should not affect that in SPX RAES through joint accounts as IV. Solicitation of Comments market-maker’s eligibility to participate apply to participation through in RAES. The Exchange believes that individual accounts. The Commission Interested persons are invited to without making this change to equalize believes that the Exchange’s proposal submit written data, views, and the eligibility requirements, those help ensure continued availability of arguments concerning the foregoing. market-makers who, for business RAES for SPX options, thereby Persons making written submissions reasons, have decided to participate contributing to the effective and should file six copies thereof with the through joint accounts would have efficient execution of public investor Secretary, Securities and Exchange stricter eligibility requirements than orders at the best available prices. The Commission, 450 Fifth Street, N.W., those market-markers participating on Commission believes that requiring Washington, D.C. 20549. Copies of the RAES through individual accounts. market-makers, whether participating submission, all subsequent through joint or individual accounts, to amendments, all written statements 2. Statutory Basis execute at least 50% of their contracts with respect to the proposed rule By equalizing the eligibility in SPX in the preceding month to change that are filed with the requirements of all market-makers to participate in SPX RAES is a reasonable Commission, and all written participate on SPX RAES, the CBOE means for achieving this goal. communications relating to the believes that the proposed rule change The Commission finds good cause for proposed rule change between the will treat all market-makers more fairly. approving the proposed rule change Commission and any person, other than As such, the Exchange believes the rule prior to the thirtieth day after the date those that may be withheld from the proposal is consistent with and furthers of publication of notice thereof in the public in accordance with the the objectives of Section 6(b)(5) of the Federal Register. Specifically, as stated provisions of 5 U.S.C. § 552, will be Act, in that it is designed to perfect the above, the Commission believes that the available for inspection and copying at mechanisms of a free and open market presence of an adequate number of the Commission’s Public Reference and to protect investors and the public market-makers protects investors and Room. Copies of such filing will also be interest. contributes to the maintenance of a fair available for inspection and copying at and orderly market. The Commission the principal office of the Exchange. All B. Self-Regulatory Organization’s also believes that the CBOE proposal to submissions should refer to File No. Statement on Burden on Competition conform its rules for eligibility SR–CBOE–96–51 and should be The proposed rule change will impose requirements for market-makers submitted by September 24, 1996. no burden on competition. participating on RAES through joint It is therefore ordered, pursuant to accounts with the eligibility 8 C. Self-Regulatory Organization’s Section 19(b)(2) of the Act, that the requirements for those participating Statement on Comments on the proposed rule change (SR–CBOE–96– through individual accounts raises no 51), as amended, is hereby approved on Proposed Rule Change Received From new regulatory issues. Additionally, as Members, Participants or Others an accelerated basis. noted above, the Exchange recently For the Commission, by the Division of No written comments were solicited proposed the same minimum SPX RAES Market Regulation, pursuant to delegated or received with respect to the proposed eligibility requirements for individual authority.9 rule change. accounts. The proposal regarding SPX Margaret McFarland, RAES eligibility for individual accounts Deputy Secretary. III. Commission’s Findings and Order 7 Granting Accelerated Approval of was published in the Federal Register, [FR Doc. 96–22358 Filed 8–30–96; 8:45 am] and was subject to a full notice and Proposed Rule Change BILLING CODE 8010±01±M comment period. No comments were The Exchange has requested that the received on the proposal. Accordingly, proposed rule change be given the Commission believes, consistent [Release No. 34±37608; File No. SR±DTC± accelerated effectiveness pursuant to with Section 6(b)(5) of the Act, that 96±11] Section 19(b)(2) of the Act. The good cause exists to approve the Commission finds that the proposed proposed rule change on an accelerated Self-Regulatory Organizations; The rule change is consistent with the basis. Depository Trust Company; Order requirements of the Act and the rules The Commission also finds good Approving a Proposed Rule Change and regulations thereunder applicable to cause for approving Amendment No. 1 Seeking Authority To Release Clearing a national securities exchange and, in to the proposed rule change prior to the Data Relating to Participants particular, with the requirements of thirtieth day after the day of publication August 26, 1996. Section 6(b) of the Act. Specifically, the of notice hereof in the Federal Register. On May 28, 1996, The Depository Commission believes that the proposal Specifically, Amendment No. 1 clarifies Trust Company (‘‘DTC’’) filed with the is consistent with the Section 6(b)(5) that the ‘‘preceding month’’ reviewed by Securities and Exchange Commission requirements that the rules of an the Exchange to determine both SPX (‘‘Commission’’) a proposed rule change exchange be designed to promote just and OEX RAES eligibility is the (File No. SR–DTC–96–11) pursuant to and equitable principles of trade, to preceding calendar month. The Section 19(b)(1) of the Securities prevent fraudulent and manipulative Commission believes that the Exchange Act of 1934 (‘‘Act’’).1 Notice acts, and, in general, to protect investors Amendment further clarifies and of the proposal was published in the and the public interest. strengthens the rule language, and raises Federal Register on July 19, 1996.2 No The Commission believes that the no new regulatory issues. Accordingly, presence of an adequate number of the Commission believes, consistent 8 15 U.S.C. § 78s(b)(2). market-makers protects investors and with Section 6(b)(5) of the Act, that 9 17 CFR 200.30–3(a)(12). contributes to the maintenance of a fair good cause exists to approve 1 15 U.S.C. § 78s(b)(1) (1988). and orderly market. The Commission 2 Securities Exchange Act Release No. 37433 (July also believes it is reasonable for the 7 See Release No. 34–37348, supra note 4. 12, 1996), 61 FR 37783. Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46499 comment letters were received. For the will be especially beneficial to those comment letters were received. For the reasons discussed below, the participating clearing entities that have reasons discussed below, the Commission is approving the proposed executed cross-guaranty agreements or Commission is approving the proposed rule change. other similar cross-guarantee rule change. 5 I. Description of the Proposal arrangements. I. Description of the Proposal The rule change establishes Rule 2, III. Conclusion OCC is modifying its escrow deposit Section 6, of DTC’s rules to govern the On the basis of the foregoing, the program to (i) permit escrow deposits release of certain participant Commission finds that the proposal is for stock put options and stock index information which DTC obtained during consistent with the requirements of put options; (ii) delete provisions its ordinary course of business. The new Section 17A(b)(3)(F) of the Act and the regarding OCC’s batch system for rule authorizes DTC to release rules and regulations thereunder. processing escrow receipts; (iii) change information relating to a participant’s It is therefore ordered, pursuant to provisions regarding the timing of the participants fund deposit, collateral, net Section 19(b)(2) of the Act, that the release of escrow deposits; and (iv) credit balance, and net debit balance proposed rule change (File No. SR– delete provisions for bulk deposits for (referred to herein as ‘‘clearing DTC–96–11) be, and hereby is, call options and deposits of Treasury information’’) to authorized parties. approved. bills for put options. In addition, OCC Such authorized parties include other For the Commission by the Division of is modifying other OCC rules and the clearing agencies registered with the Market Regulation, pursuant to delegated On-line Escrow Deposit Agreement to Commission at which the participant is authority.6 conform to this rule change. a member; any clearing organization Margaret H. McFarland, Pursuant to OCC rules, clearing that is affiliated with or has been Deputy Secretary. members may deposit, which deposit designated by a futures contract market may be in the form of an escrow deposit, [FR Doc. 96–22357 Filed 8–30–96; 8:45 am] under the oversight of the Commodities with an OCC approved custodian shares Futures Trading Commission of which BILLING CODE 8010±01±M of stock underlying certain options in the participant is a member; and upon lieu of margin. Escrow deposits are the request of the participant, to such [Release No. 34±37602; File No. SR±OCC± specific deposits of assets held by OCC other entities as the participant may 95±17] at an approved custodian for the designate. account of a specific customer. The rule change will permit DTC to Self-Regulatory Organizations; the Presently, OCC’s rules restrict escrow release clearing information to the Options Clearing Corporation; Order deposits to short positions in stock call National Securities Clearing Corporation Approving a Proposed Rule Change option contracts and stock index call (‘‘NSCC’’) for use in its Collateral Modifying the Escrow Deposit Program option contracts. For stock call options, Management Service (‘‘CMS’’).3 CMS the underlying security may be August 26, 1996. provides collateral information deposited in escrow, and for stock index On November 2, 1995, the Options regarding a participant to the participant call options, any combination of cash, Clearing Corporation (‘‘OCC’’) filed with and to other clearing agencies at which short-term government securities, or the Securities and Exchange the participant is a member. marginable equity securities may be Commission (‘‘Commission’’) a deposited in escrow. II. Discussion proposed rule change (File No. SR– Permitting escrow deposits with Section 17A(b)(3)(F) of the Act OCC–95–17) pursuant to Section respect to short positions in stock put requires that the rules of a clearing 19(b)(1) of the Securities Exchange Act option contracts and short positions in 1 agency be designed to assure the of 1934 (‘‘Act’’). Notice of the proposal stock index put option contracts had safeguarding of securities and funds was published in the Federal Register been deferred until sufficient interest 2 which are in the custody or control of on June 7, 1996. OCC amended the existed and an acceptable system was the clearing agency or for which it is proposed rule change on March 22, developed to process escrow deposits 3 responsible.4 The Commission believes 1996, and on July 22, 1996. No for put options. After receiving requests the proposed rule change is consistent to expand its escrow program to include with DTC’s obligation under Section 5 Currently, DTC and NSCC operate pursuant to a netting and limited cross-guaranty agreement. The such deposits for stock and stock index 17A(b)(3)(F) because the proposal sets agreement provides that in the event of a default of puts, OCC determined to make several forth DTC’s responsibilities and a common member, any resources remaining after enhancements and modifications to its obligations with regard to releasing the failed common member’s obligations to the escrow program. participants’ clearing data and facilitates guaranteeing clearing agency have been satisfied First, OCC is expanding its escrow will be made available to the other clearing agency. DTC’s participation in NSCC’s CMS by The guaranty is not absolute but rather is limited program to permit escrow deposits for enabling DTC to provide participant to the extent of the resources relative to the failed short positions in stock put option information to NSCC for use in its CMS. member remaining at the guaranteeing clearing contracts and in stock index put option DTC’s and its participants’ participation agency. The principal resources will be the failed contracts and to process those deposits member’s settlement net credit balances and in NSCC’s CMS should help DTC and deposits to the clearing agencies’ clearing funds. through its on-line Escrow Receipt other clearing agencies to better monitor For a complete description of DTC’s and NSCC’s Depository (‘‘ERD’’) system.4 To their members’ clearing fund, margin, agreement, refer to Securities Exchange Act Release accomplish the proposed expansion of and other similar by required deposits No. 33548 (January 31, 1994), 59 FR 5638 [File Nos. SR–DTC–93–08 and SR–NSCC–93–07]. Commission believes it is not necessary to re-notice that protect the clearing agencies against 6 loss should a member default on its 17 CFR 200.30–3(a)(12) (1996). the proposed rule change. 1 15 U.S.C. § 78s(b)(1) (1988). obligations. Furthermore, NSCC’s CMS 4 For a complete description of the batch ERD 2 Securities Exchange Act Release No. 37258 (May system and the transition to the on-line ERD 30, 1996), 61 FR 29160. system, refer to Securities Exchange Act Release No. 3 For a complete description of the CMS, refer to 3 Letters from Jean M. Cawley, OCC, to Jerry W. 31595 (December 11, 1992), 57 FR 61139 [SR–OCC– Securities Exchange Act Release No. 36091 (August Carpenter, Assistant Director, Division of Market 92–30] (order approving on an accelerated basis a 5, 1995), 60 FR 30912 [File No. SR–NSCC–95–06] Regulation (‘‘Division’’), Commission (March 20, proposed rule change relating to the conversion of (order approving the CMS). 1996, and July 22, 1996). Because the amendments OCC’s current batch ERD system to an on-line 4 15 U.S.C. § 78q–1(b)(3)(F) (1988). are technical rather than substantive in nature, the system). 46500 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices its escrow program, certain changes to covered short position of a suspended and accurate clearance and settlement of OCC Rules 610 and 1801 are necessary. clearing member even if the depository securities transactions should be In general, the changes will had not turned over the deposited promoted. accommodate the deposit of any property to OCC at the time of III. Conclusion combination of cash and short-term settlement. OCC would be entitled to government securities 5 for short reimburse itself for the cost of effecting The Commission finds that the positions in put contracts, will provide such settlement from the deposited proposal is consistent with the for the valuation and substitution of property when such property is remitted requirements of the Act, particularly deposited assets, and in the event of the to OCC. Similarly, Rule 1107(b)(2) is with Section 17A(b)(3)(F) of the Act, value of the property declines below a being amended to reflect the same and the rules and regulations specified amount, will permit OCC to principles to assignments pending at the thereunder. disregard the escrow deposit and time of a clearing member’s suspension. It is therefore ordered, pursuant to require the clearing member to deposit Also, OCC amended its Restated On- Section 19(b)(2) of the Act, that the margin upon notice. Line Escrow Deposit Agreement which proposed rule change (File No. SR– Second, OCC is eliminating its batch is to be executed between OCC and each OCC–95–17) be, and hereby is, ERD system for processing escrow approved escrow deposit bank. The approved. receipts. OCC contemplated the amended agreement parallels the eventual replacement of the batch ERD For the Commission by the Division of principal purposes of the filing, which Market Regulation, pursuant to delegated system with its on-line ERD system. are to provide for the expansion of the authority.7 OCC believes that all its clearing program to include escrow deposits for Margaret H. McFarland, members and custodian banks now have short positions in stock and stock index Deputy Secretary. completed their transition to the on-line put options, the elimination of hard system because the batch ERD system is copy receipts, and the modification of [FR Doc. 96–22278 Filed 8–30–96; 8:45 am] no longer used. Therefore OCC is the time at which escrow deposits are BILLING CODE 8010±01±M eliminating references to escrow released. receipts in Rule 610 and 1801 and to the II. Discussion batch processing system described in [Release No. 34±37603; File No. SR±OCC± Rule 613(a). The Commission finds that the 95±20] Third, OCC is amending Rule 613 to proposed rule change is consistent with modify the time at which it releases the requirements of the Act and the Self-Regulatory Organizations; The escrow deposits. OCC currently releases rules and regulations thereunder and Options Clearing Corporation; Order an escrow deposit on the second particularly with the requirements of Approving a Proposed Rule Change business day following the expiration of Section 17A(b)(3)(F).6 Section Relating to the Issuance, Clearance, the short position covered by the 17A(b)(3)(F) requires that the rules of a and Settlement of Buy-Write Options deposit, and thereafter if assigned, clearing agency be designed to promote Unitary Derivatives collects margin for the position formerly the prompt and accurate clearance and covered by the deposit until the next settlement of securities transactions and August 26, 1996. business day after the exercise to assure the safeguarding of securities On December 27, 1995, the Options settlement date. With this proposed rule and funds in the custody or control of Clearing Corporation (‘‘OCC’’) filed with change OCC will hold an escrow deposit the clearing agency or for which it is the Securities and Exchange covering a short position to which an responsible. The Commission believes Commission (‘‘Commission’’) a exercise has been allocated until the that OCC’s proposed rule change meets proposed rule change (File No. SR– business day after the exercise these requirements by establishing a OCC–95–20) pursuant to Section settlement date and will no longer framework in which existing OCC 19(b)(1) of the Securities Exchange Act collect margin. systems, rules, and procedures are of 1934 (‘‘Act’’).1 On February 5, 1996, Fourth, OCC is amending Rule 610 to extended to allow escrow deposits for OCC filed Amendment No. 1 to the eliminate bulk deposits of underlying short positions in stock put option proposed rule change.2 Notice of the securities for call options and the contracts and stock index put option proposed rule change, as amended, was deposit of Treasury bills for put options contracts. The elimination of the batch published in the Federal Register on because these capabilities have been ERD system and the designation of the March 20, 1996.3 No comment letters rarely, if ever, used by clearing on-line ERD system as the means of were received. On March 20, 1996, OCC members. Furthermore, the provisions processing escrow deposits should make filed Amendment No. 2.4 Notice of the for depositing Treasury bills for put processing such deposits more efficient amendment was published in the options is being superseded by the new and should promote the safeguarding of Federal Register on May 15, 1996.5 No provisions for providing escrow the deposits in the possession of OCC or comment letters were received. For the deposits for put option contracts. for which it is responsible. By reasons discussed below, the Finally, OCC is modifying rules that expanding the escrow receipt relate to the suspension and liquidation framework to include short positions in 7 17 CFR 200.30–3(a)(12) (1995). of a clearing member to conform to stock put and stock index put option 1 15 U.S.C. § 78s(b)(1) (1988). OCC’s escrow deposit program contracts and by eliminating 2 Letter from James C. Yong, First Vice President described above. Specifically, OCC is unnecessary steps in the escrow receipt and General Counsel, OCC, to Jerry W. Carpenter, Assistant Director, Division of Market Regulation amending Rule 1106(b)(2) to make process (e.g., release of deposits (‘‘Division’’), Commission (February 5, 1996). explicit that OCC would make timely followed by margin collection and bulk 3 Securities Exchange Act Release No. 36960 settlement on an exercise assigned to a deposits for put options), OCC is (March 13, 1996), 61 FR 11458. creating more efficient procedures in 4 Letter from James C. Yong, First Vice President 5 As defined in Rule 610, proposed Interpretation order to streamline the processing of and General Counsel, OCC, to Jerry W. Carpenter, .02, short-term government securities is defined as Esq., Assistant Director, Division, Commission securities with a fixed principal amount issued or escrow receipts. As a result, the prompt (March 19, 1996). guaranteed by the United States and having one 5 Securities Exchange Act Release No. 37203 (May year or less to maturity. 6 15 U.S.C. § 78q–1(b)(3)(F) (1988). 10, 1996), 61 FR 24995. Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46501

Commission is approving the proposed delivery of the distributed property or ‘‘stock clearing member’’ to be a clearing rule change. by means of adjustments in the terms of member approved to clear transactions the BOUNDs. The right of a BOUND in stock options and BOUNDs. I. Description of the Proposal holder to receive and the obligation of Accordingly, stock clearing members The purpose of the proposed rule a BOUND writer to pay or deliver a will be qualified automatically to engage change is to amend certain OCC By- dividend equivalent will be fixed at the in transactions in BOUNDs without any Laws and Rules and to add new sections close of trading on the business day additional qualification. to OCC’s By-Laws and Rules to provide preceding the ex dividend date. The At expiration, if on the last day of for the issuance, clearance, and actual payment of the dividend trading the underlying stock closes at or settlement of a new equity derivatives equivalent may occur days or weeks below the strike price, BOUND holders product referred to as Buy-Write later to coincide with the payable date will receive one hundred shares of the Options Unitary Derivatives for the corresponding dividend on the underlying stock for each BOUND (‘‘BOUNDs’’). The Commission recently underlying stock.9 contract held, and BOUND writers will approved proposed rule changes filed BOUNDs are European style options be required to deliver one hundred by the American Stock Exchange because the holder cannot exercise a shares of the underlying stock for each (‘‘Amex’’), the Chicago Board Options BOUND prior to expiration. In contrast, BOUND contract written. If at expiration Exchange (‘‘CBOE’’), and the Pacific LEAPS are American style options, the underlying stock closes above the Stock Exchange (‘‘PSE’’) (collectively which can be exercised at any time prior strike price, the BOUND holder will referred to as the ‘‘exchanges’’) to list to expiration. At the expiration of a receive a payment equal to one hundred 6 and trade BOUNDs. BOUND, either delivery of the times the BOUND’s strike price for each The purchase of a BOUND is intended underlying stock or payment of the BOUND contract held, and BOUND to be substantially equivalent to a buy- strike price is always required, and writers will be required to make write transaction (i.e., the simultaneous notice of exercise is not required. payment equal to one hundred times the writing of a call option and purchase of Therefore, the concepts of exercise and BOUND’s strike price for each BOUND the underlying stock). However, unlike assignment are not used in relation to contract written. In either case, the an actual buy-write transaction, the BOUNDs. BOUND holder ordinarily will be left in purchase of a BOUND is effected in a Under the proposed rule change, the the same economic position as a single exchange transaction. As with all expiration settlement date of a BOUND covered call writer that holds the OCC issued options, BOUNDs will be contract is the third business day position until the expiration of the call created when an opening buy and an following the expiration date. The option. opening sell order are executed. The expiration settlement date for a Technically, there is no premium in a execution of every such order will particular BOUND contract will not BOUND transaction because that term increase the open interest in BOUNDs.7 generally is used to denote the purchase depend on whether the contract is to be The exchanges have indicated that price of an option. However, in order to settled by cash or by the delivery of BOUNDs will be listed on the same accommodate transactions in BOUNDs, stock. BOUNDs to be settled in cash will securities on which Long-Term Equity the proposed rule change amends the be settled through OCC’s cash Options Series (‘‘LEAPS’’) 8 are listed definition of the term ‘‘premium’’ to settlement system. BOUNDs that are to because the criteria used for stocks permit the term to include the trade be settled by delivery of stock ordinarily underlying BOUNDs will be the same price with respect to BOUNDs. criteria that is used for stocks will be settled in the same manner that Pursuant to the rule change, OCC will underlying LEAPS. The exchanges exercised stock options are settled (i.e., margin BOUNDs as part of the stock 10 expect that BOUNDs will be listed with through stock clearing corporations). option product group and will include a duration equal to that of LEAPS, Like put and call stock options, BOUNDs in the same class group with which is currently thirty-nine months BOUNDs ordinarily will trade in put and call options on the same from the date of issuance. standardized contract units of one underlying stock. Special provisions A BOUND holder will be in hundred shares of underlying stock per have been added to the definition of essentially the same economic position BOUND contract. Positions in BOUNDs ‘‘premium margin’’ to provide an as a covered writer of a European-style will be included in the formula to appropriate definition of the term when call option. BOUND holders will profit determine a clearing member’s stock applied to an expired but unsettled from the stock’s movement up to the clearing fund contribution, and BOUND contract. The added provisions strike price and will receive payments BOUNDs will be included with stock reflect that premium margin with equivalent to any cash dividends paid options for purposes of margin respect to an expired long or short on the underlying stocks (‘‘dividend calculations. The clearing fund pool for position in a BOUND may call for either equivalent’’). Non-cash distributions BOUNDs will be the same fund pool the marking price of such underlying may be reflected either through the used for stock options, and the rule security due to be settled by delivery or change amends the definition of a the payment of the strike price 6 For a complete description of the characteristics depending upon the closing price of the of BOUNDs, refer to Securities Exchange Act 9 It is possible that an obligation to pay or a right underlying stock when the BOUND Release No. 36710 (January 11, 1996), 61 FR 1791 to receive a dividend equivalent that accrued prior [File Nos. SR–AMEX–94–56, SR–CBOE–95–14, and to the expiration date of a BOUND will remain expires. The definition of the term SR–PSE–95–01] (order approving proposed rule outstanding after the expiration date and even after ‘‘marking price’’ with respect to margins changes relating to BOUNDs). expiration settlement has been completed. OCC on options and BOUNDs has been 7 Open interest refers to the total number of simply will continue to carry the dividend changed to reflect that OCC will use the contracts that have neither been closed out nor been equivalent right or obligation in a manner similar allowed to expire. to a settlement obligation of an exercised option. It highest reported asked quotation in 8 Generally, LEAPS are long-term equity option will be margined and marked to the market each valuing an underlying security if no last securities that expire up to 39 months from the date day similar to other settlement obligations. sale price is available. The minimum of issuance. For a complete description of LEAPS, 10 In the event the BOUND transaction cannot be margin required for the stock option refer to Securities Exchange Act Release No. 28890 settled through regular-way settlement (i.e., on the (February 15, 1991), 56 FR 7439 [File No. SR– third business day following the expiration date), product group includes protection CBOE–90–32] (order approving proposed rule the contract will be settled on a broker-to-broker against the bid/ask spread; therefore, it change regarding the listing of LEAPS). basis. is not necessary to use a different 46502 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices quotation for puts than for calls (i.e., number of shares distributed or the unit obligations under Section 17A(3)(F) to highest reported ask quotation for call of trading for such BOUND contract is assure the safeguarding of securities and options and the lowest reported bid adjusted to include the distributed funds in its custody or control because quotation for put options). property, then such adjustment will not the proposal provides that OCC will The term ‘‘closing price’’ is defined include the obligation to pay and process BOUNDs transactions in under the rule change to mean the received a dividend equivalent. accordance with its existing risk- closing price for the underlying security However, when the strike price of a reduction methodology. For example, on the primary market on the business BOUND is reduced to reflect the value under the proposal, BOUNDs will be day prior to the expiration date of the of a distribution, the writer of the included with stock options for BOUND contract. However, the BOUND will be obligated to pay a purposes of margin calculations, and exchange(s) on which any series of dividend equilvant to the holder of the positions in BOUNDs will be included BOUNDs trades may provide that the BOUND. This will occur because, unlike in the formula to determine a clearing closing price of a BOUND be based on in the case of adjusting an option, lower member’s proportionate share of an average of prices of the underlying the strike price of a BOUND will not contribution to the clearing fund. security near the close of trading on give the holder the benefit of the Therefore, a clearing member’s activity such business day.11 The rule change distribution because the holder does not in BOUNDs will be reflected in the also sets forth the steps OCC may take pay the strike price (The strike price of amount of funds collected (e.g., margin in the event the closing price for an a BOUND caps the value that the holder and clearing fund deposits) by OCC to underlying security is unreported or will receive upon expiration of the safeguard it against losses resulting from otherwise unavailable. In addition to BOUND.) Therefore, it is appropriate to a clearing member’s failure to settle. any other actions OCC may be entitled give the holder the benefit of certain to take under its By-Laws and Rules, extraordinary distributions through a III. Conclusion OCC may suspend settlement dividend equivalent at the time the On the basis of the foregoing, the obligations for the affected BOUNDs distribution is made and also to reduce Commission finds that the proposal is until a closing price is available or until the strike price so that the BOUND consistent with the requirements of OCC determines the closing price. OCC holder cannot again receive the benefit Section 71A(b)(3)(F) of the Act and the has the authority to determine the of the distribution when the BOUND rules and regulations thereunder. closing price for BOUNDs by means of expires. It is therefore ordered, pursuant to a panel consisting of two designated In the case of a cash-out merger of Section 19(b)(2) of the Act, that the representatives of each exchange on similar transaction, a BOUND will be proposed rule change (File No. SR– which the affected series is open for adjusted to require the writer to pay OCC–95–20) be, and hereby is, trading and OCC’s Chairman. expiration an amount equal to the lesser approved. The rule change adds a provision to of the price paid for the underlying OCC’s By-Laws to specify that the security in the merger or the strike price For the Commission by the Division of closing price for the underlying security Market Regulation, pursuant to delegated of the BOUND. Because there no longer authority.14 of a BOUND is conclusively presumed will be an underlying security, the Margaret H. McFarland, to be accurate and shall be final for expiration date of the BOUND will be purposes of determining settlement accelerated so that the cash will be paid Deputy Secretary. rights and obligations with respect to a to the BOUND holder at or about the [FR Doc. 96–22279 Filed 8–30–96; 8:45 am] BOUND. The rule change also adds an same time that payment of the cash-out BILLING CODE 8010±01±M Interpretation to OCC’s By-Laws to value is paid to holders of the provide that except in extraordinary underlying security. While the circumstances OCC will not adjust an mechanics are somewhat different from SOCIAL SECURITY ADMINISTRATION officially reported closing price for the adjustment ordinarily made for the exercise settlement purposes even if the same event in the case of an option, the Agency Information Collection closing price is subsequently found to economic result is quite similar. Activities: Proposed Collection have been erroneous. Because the value of an option because Request OCC’s Securities Committee shall fixed as the result of adjusting for a The Social Security Administration have the authority to make adjustments cash-out merger, in-the-money options in BOUNDs contracts through the same publishes a list of information collection are effectively terminated because they packages that will require submission to procedures as in the case of option have no time value and because holders adjustments.12 BOUNDs ordinarily will the Office of Management and Budget have every incentive to exercise them (OMB) for clearance in compliance with be adjusted according to existing immediately to receive the cash. The adjustment rules, and adjustments are P.L. 104–13 effective October 1, 1995, expiration date of the BOUND will be The Paperwork Reduction Act of 1995. expected to ordinarily conform to accelerated because BOUNDs are adjustments made with respect to The information collection(s) listed European style and cannot be exercised below requires extension of the current LEAPs on the same underlying stock. prior to expiration. Whenever additional shares or other OMB approval(s). property are distributed with respect to II. Discussion (Call the SSA Reports Clearance Officer on shares of an underlying security (i.e., a Section 17A(b)(3)(F) 13 requires that (410) 965–4125 for a copy of the form(s) or stock split or stock dividend) and the the rules of a clearing agency be package(s), or write to her at the address number of BOUND contracts designed to assure the safeguarding of listed below the information collections.) outstanding is adjusted to reflect the securities and funds in the custody or 1. Application for Supplemental control of the clearing agency or for Security Income—0960–0229. The 11 The exchange(s) must specify that an average which it is responsible. The information on form SSA–8000 is used of prices will be used prior to the opening of trading Commission believes that OCC’s by the Social Security Administration to in any BOUNDs series. 12 OCC’s Securities Committee consists of one proposal is consistent with OCC’s determine a claimant’s eligibility for designated representative of each exchange and the Chairman of OCC. 13 15 U.S.C. § 78q–1(b)(3)(F) (1988). 14 17 CFR 200.30–3(a)(12) (1996). Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46503 benefits and the amount payable in ACTION: Issuing a directive to the textiles and textile products, produced or claims for Supplemental Security Commissioner of Customs cancelling a manufactured in Jamaica and exported Income (SSI). The respondents are limit and guaranteed access level. during the period which began on January 1, certain applicants for SSI. 1996 and extends through December 31, Number of Respondents: 1,316,678. EFFECTIVE DATE: September 3, 1996. 1996. Effective on September 3, 1996, you are Frequency of Response: 1. FOR FURTHER INFORMATION CONTACT: directed to cancel the current limit and Average Burden Per Response: Naomi Freeman, International Trade guaranteed access level for Categories 351/ 25 minutes for paper application. Specialist, Office of Textiles and 651. 35 minutes for automated collection Apparel, U.S. Department of Commerce, Also effective on September 3, 1996, U.S. of information. (202) 482–4212. Customs Service is directed to no longer sign Estimated Annual Burden: 581,533 the form ITA–370P for export of U.S. formed SUPPLEMENTARY INFORMATION: hours. and cut parts in Categories 351/651. 2. Statement of Living Arrangements, Authority: Executive Order 11651 of March The Committee for the Implementation of In-Kind Support and Maintenance— 3, 1972, as amended; section 204 of the Textile Agreements has determined that 0960–0174. The information on form Agricultural Act of 1956, as amended (7 these actions fall within the foreign affairs SSA–8006 is used by the Social Security U.S.C. 1854); Uruguay Round Agreements exception to the rulemaking provisions of 5 Act. Administration to determine if an U.S.C.553(a)(1). applicant or recipient meets the income The United States Government has Sincerely, criteria for eligibility to Supplemental decided to cancel the limit and Philip J. Martello, Security Income (SSI) benefits. The guaranteed access level (GAL) on Acting Chairman, Committee for the respondents are individuals who apply imports of cotton and man-made fiber Implementation of Textile Agreements. for or are receiving SSI payments. nightwear in Categories 351/651 from [FR Doc.96–22351 Filed 8–30–96; 8:45 am] Number of Respondents: 438,400. Jamaica established for the period BILLING CODE 3510±DR±F Frequency of Response: 1. beginning on January 1, 1996 and Average Burden Per Response: 7 extending through December 31, 1996. minutes. In the letter published below, the DEPARTMENT OF TRANSPORTATION Estimated Annual Burden: 51,147 Chairman of CITA directs the hours. Commissioner of Customs, effective on Office of the Secretary Written comments and September 3, 1996, to cancel the 1996 recommendations regarding these limit and GAL for Categories 351/651. [Dockets OST±96±1548] information collections should be sent Also, U.S. Customs Service is directed within 60 days from the date of this not to sign the form ITA–370P for export Application of Valujet Airlines, Inc. for publication, directly to the SSA Reports of U.S. formed and cut parts in an Exemption Clearance Officer at the following Categories 351/651. address: Social Security Administration, A description of the textile and AGENCY: Department of Transportation. DCFAM, Attn: Judith T. Hasche, 6401 apparel categories in terms of HTS ACTION: Notice of Order to Show Cause Security Blvd., 1–A–21 Operations numbers is available in the (Order 96–8–45). Bldg., Baltimore, MD 21235. CORRELATION: Textile and Apparel In addition to your comments on the Categories with the Harmonized Tariff SUMMARY: The Department of accuracy of the agency’s burden Schedule of the United States (see Transportation is directing all interested estimate, we are soliciting comments on Federal Register notice 60 FR 65299, persons to show cause why it should the need for the information; its published on December 19, 1995). Also not issue an order finding ValuJet practical utility; ways to enhance its see 61 FR 1360, published on January Airlines, Inc., fit, willing, and able, to quality, utility and clarity; and on ways 19, 1996. resume air transportation operations. to minimize burden on respondents, The letter to the Commissioner of DATES: Persons wishing to file including the use of automated Customs and the actions taken pursuant objections should do so no later than collection techniques or other forms of to it are not designed to implement all September 5, 1996. information technology. of the provisions of the Uruguay Round ADDRESSES: Objections and answers to Dated: August 26, 1996. Agreements Act and the Uruguay Round objections should be filed in Docket Judith T. Hasche, Agreement on Textiles and Clothing, but OST–96–1548 and addressed to the Reports Clearance Officer, Social Security are designed to assist only in the Documentary Services Division (C–55, Administration. implementation of certain of their Room PL–401), U.S. Department of [FR Doc. 96–22191 Filed 8–30–96; 8:45 am] provisions. Transportation, 400 Seventh Street, BILLING CODE 4190±29±M Philip J. Martello, SW., Washington, DC 20590, and should Acting Chairman, Committee for the be served upon the parties listed in Implementation of Textile Agreements. Attachment A to the order. COMMITTEE FOR THE Committee for the Implementation of Textile FOR FURTHER INFORMATION CONTACT: Ms. IMPLEMENTATION OF TEXTILE Agreements Delores King, Air Carrier Fitness AGREEMENTS August 27, 1996. Division (X–56, Room 6401), U.S. Commissioner of Customs, Department of Transportation, 400 Cancellation of a Limit and Guaranteed Department of the Treasury, Washington, DC Seventh Street, SW., Washington, DC Access Level for Certain Cotton and 20229. 20590, (202) 366–2343. Man-Made Fiber Textile Products Dear Commissioner: This directive Dated: August 29, 1996. Produced or Manufactured in Jamaica amends, but does not cancel, the directive Charles A. Hunnicutt, issued to you on January 11, 1996, by the August 27, 1996. Chairman, Committee for the Implementation Assistant Secretary for Aviation and AGENCY: Committee for the of Textile Agreements. That directive International Affairs. Implementation of Textile Agreements concerns imports of certain cotton, wool, [FR Doc. 96–22594 Filed 8–30–96; 8:57 am] (CITA). man-made fiber and other vegetable fiber BILLING CODE 4910±62±P 46504 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

White House Commission on Aviation The agenda of the Plenary Session Harrisburg International Airport, Safety and Security; Change to Notice will be as follows: (1) Introductory Middletown, Pennsylvania 17057. of Meeting Remarks; (2) Review and Approval of Air carriers and foreign air carriers Meeting Agenda; (3) Approval of the may submit copies of written comments AGENCY: Office of the Secretary (OST), Summary of the Previous Meeting; (4) previously provided to the Bureau of DOT. Presentations; (5) Reports from Working Aviation of the Pennsylvania ACTION: Change to notice of meeting. Groups 1 and 2; (6) Other Business; (7) Department of Transportation under Set Agenda for Next Meeting; (8) Date section 158.23 of Part 158. SUMMARY: The White House and Place of Next Meeting. FOR FURTHER INFORMATION CONTACT: Commission on Aviation Safety and Attendance is open to the interested L.W. Walsh, Manager Harrisburg Security has had to change the time and public but limited to space availability. Airports District Office, 3911 Hartzdale place of the meeting on September 5, With the approval of the chairman, Dr., suite 1, Camp Hill, PA 17011. 717– 1996 to discuss aviation safety and members of the public may present oral 782–4548. The application may be security issues, and to close part of it to statements at the meeting. Persons reviewed in person at this same the public. wishing to present statements or obtain location. DATES: As changed, the open portion of information should contact the RTCA SUPPLEMENTARY INFORMATION: The FAA the meeting will be held on Thursday, Secretariat, 1140 Connecticut Avenue, proposes to rule and invites public September 5, 1996, from 12:00 noon to N.W., Suite 1020, Washington, DC, comment on the application to impose 1:00 PM; from 1:00 PM to 2:00 PM, the 20036; (202) 833–9339 (phone) or (202) and use the revenue from a PFC at meeting will continue but will be closed 833–9434 (fax). Members of the public Harrisburg International Airport under to the public because matters will be may present a written statement to the the provisions of the Aviation Safety discussed that are classified in the committee at any time. and Capacity Expansion Act of 1990 interest of national security. Issued in Washington, DC, August 27, (Title IX of the Omnibus Budget ADDRESSES: As changed, the meeting 1996. Reconciliation Act of 1990) (Public Law will take place in the Commerce Janice L. Peters, 101–508) and Part 158 of the Federal Department Auditorium, 14th Street Designated Official. Aviation Regulations (14 CFR Part 158). between Constitution and Pennsylvania [FR Doc. 96–22408 Filed 8–30–96; 8:45 am] On August 23, 1996, the FAA Avenues, NW, Washington, DC. BILLING CODE 4810±13±M determined that the application to FOR FURTHER INFORMATION CONTACT: impose and use the revenue from a PFC Richard K. Pemberton, Administrative submitted by the Bureau of Aviation of Officer, Room 6210, General Services Notice of Intent to Rule on Application the Pennsylvania Department of Administration Headquarters Building, (96±01±C±00±MDT) to Impose and Use Transportation was substantially 18th & F Streets, NW, Washington, DC the Revenue From a Passenger Facility complete within the requirements of 20405; telephone 202.501.3863; Charge (PCF) at Harrisburg section 158.25 of Part 158. The FAA telecopier 202.501.6160. International Airport, Harrisburg, PA will approve or disapprove the application, in whole or in part, no later Issued in Washington, DC on August 27, AGENCY: Federal Aviation 1996. than November 28, 1996. Administration (FAA), DOT. The following is a brief overview of Thomas W. Herlihy, ACTION: Notice of Intent to Rule on the application. Acting General Counsel, Department of Application. Application number: 96–01–C–00– Transportation. MDT. [FR Doc. 96–22419 Filed 8–30–96; 8:45 am] SUMMARY: The FAA proposes to rule and Level of the proposed PFC: $3.00. BILLING CODE 4910±62±P invites public comment on the Proposed charge effective date: application to impose and use the February 1, 1997. revenue from a PFC at Harrisburg Proposed charge expiration date: Federal Aviation Administration International Airport under the September 1, 1999. provisions of the Aviation Safety and Total estimated PFC revenue: RTCA, Inc.; RTCA Special Committee Capacity Expansion Act of 1990 (Title $4,047,000. 188, Minimum Aviation System IX of the Omnibus Budget Brief description of proposed projects: Performance Standards for High Reconciliation Act of 1990) (Public Law The PFC funds will be utilized to fund Frequency Data Link (HFDL) 101–508) and Part 158 of the Federal the local share of the following AIP Pursuant to section 10(a) (2) of the Aviation Regulations (14 CFR Part 158). project. Federal Advisory Committee Act (P.L. DATES: Comments must be received on —Overlay of Runway 13–31—Phase II 92–463, 5 U.S.C., Appendix 2), notice is or before October 3, 1996. Class or classes of air carriers which hereby given for an RTCA Special ADDRESSES: Comments on this the public agency has requested not be Committee 188 meeting to be held application may be mailed or delivered required to collect PFCs: Air Taxi/ September 23–26, 1996, starting at 9:30 in triplicate to the FAA at the following Commercial Operators filing FAA Form a.m. on Monday, September 23, and at address: Mr. Lawrence W. Walsh, 1800–31. 9:00 am on September 23, 25, and 26. Manager, Harrisburg Airports District Any person may inspect the The meeting will be held at RTCA, Inc., Office, 3911 Hartzdale Dr., suite 1, application in person at the FAA office 1140 Connecticut Avenue, N.W., Suite Camp Hill, PA 17011. listed above under FOR FURTHER 1020, Washington, DC, 20036. In addition, one copy of any INFORMATION CONTACT and at the FAA September 23: Working Group 1 comments submitted to the FAA must regional Airports office located at: MASPS; September 24: Working Group be mailed or delivered to Mr. Charles H. Fitzgerald Federal Building, John F. 1 and begin Working Group 2 MOPS; Hostetter, Director of the Bureau of Kennedy International Airport, Jamaica, September 25: Working Group 2, Aviation of the Pennsylvania New York, 11430. continued; September 26: Plenary Department of Transportation at the In addition, any person may, upon Session. following address: 208 Airport Road, request, inspect the application, notice Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46505 and other documents germane to the Johnstown-Cambria County Airport Notice of Intent to Rule on Application application in person at the Bureau of under the provisions of the Aviation (96±02±C±00±HTS) to impose and use Aviation of the Pennsylvania Safety and Capacity Expansion Act of the revenue from a passenger facility Department of Transportation Airport. 1990 (Title IX of the Omnibus Budget charge (PFC) at Tri-State Airport, Issued in Jamaica, New York on August 23, Reconciliation Act of 1990) (Public Law Huntington, West Virginia 1996. 101–508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). AGENCY: Federal Aviation Thomas Felix, Administration (FAA), DOT. Acting Manager, Planning & Programming On August 23, 1996, the FAA ACTION: Notice of Intent to Rule on Branch, Eastern Region. determined that the application to Application. [FR Doc. 96–22406 Filed 8–30–96; 8:45 am] impose and use the revenue from a PFC BILLING CODE 4910±13±M submitted by the Johnstown-Cambria SUMMARY: The FAA proposes to rule and Airport Authority was substantially invites public comment on the complete within the requirements of application to impose and use the Notice of Intent to Rule on Application section 158.25 of Part 158. The FAA revenue from a PFC at Tri-State Airport (96±02±C±00±JST) to Impose and Use will approve or disapprove the under the provisions of the Aviation the Revenue from a Passenger Facility application, in whole or in part, no later Safety and Capacity Expansion Act of Charge (PFC) at Johnstown-Cambria than December 2, 1996. 1990 (Title IX of the Omnibus Budget Airport, Johnstown, PA The following is a brief overview of Reconciliation Act of 1990) (Public Law AGENCY: Federal Aviation the application. 101–508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). Administration (FAA), DOT. Application number: 96–02–C–00– ACTION: Notice of intent to rule on JST. DATES: Comments must be received on or before October 3, 1996. application. Level of the proposed PFC: $3.00. ADDRESSES: Comments on this SUMMARY: The FAA proposes to rule and Proposed charge effective date: application may be mailed or delivered invites public comment on the December 1, 1996. in triplicate to the FAA at the following application to impose and use the Proposed charge expiration date: address: Mr. Elonza Turner, Beckley revenue from a PFC at Johnstown- February 1, 1998. Airports Field Office, Main Terminal Cambria County Airport under the building, 176 Airport Circle, Beaver, Total estimated PFC revenue: provisions of the Aviation Safety and West Virginia 25813–9350. $201,250. Capacity Expansion Act of 1990 (Title In addition, one copy of any IX of the Omnibus Budget Brief description of proposed projects: comments submitted to the FAA must Reconciliation Act of 1990) (Public Law The PFC funds will be utilized to fund be mailed or delivered to Mr. Larry G. 101–508) and Part 158 of the Federal the local share of the following AIP Salyers, Airport Director of the Tri-State Aviation Regulations (14 CFR Part 158). projects. Airport Authority at the following DATES: Comments must be received on —Purchase Tow Snow Removal address: Tri-State Airport Authority, or before October 3, 1996. Equipment 1449 Airport Road, Unit 1, Box, ADDRESSES: Comments on this Huntington, West Virginia 26505. application may be mailed or delivered —Seal Coat Terminal Apron Air carriers and foreign air carriers in triplicate to the FAA at the following —Conduct Terminal Building may submit copies of written comments address: Mr. Lawrence W. Walsh, Renovation Study previously provided to the Tri-State Manager, Harrisburg Airports District Airport Authority under section 158.23 Class or classes of air carriers which Office, 3911 Hartzdale Dr., suite 1, of Part 158. the public agency has requested not be Camp Hill, PA 17011. FOR FURTHER INFORMATION CONTACT: required to collect PFCs: Air Taxi/ In addition, one copy of any Mr. Elonza Turner, Beckley Airports Commercial Operators filing FAA Form comments submitted to the FAA must Field Office, Main Terminal building 1800–31. be mailed or delivered to Mr. William 176 Airport Circle, Beaver, West L. Santoro, Manager of the Johnstown- Any person may inspect the Virginia 25813–9350 (Tel. 304–252– Cambria Airport Authority at the application in person at the FAA office 6216). The application may be reviewed following address: Johnstown-Cambria listed above under FOR FURTHER in person at this same location. Airport, 479 Airport Road, Suite 1, INFORMATION CONTACT and at the FAA SUPPLEMENTARY INFORMATION: The FAA Johnstown, Pennsylvania 15904. regional Airports office located at: proposes to rule and invites public Air carriers and foreign air carriers Fitzgerald Federal Building, John F. comment on the application to impose may submit copies of written comments Kennedy International Airport, Jamaica, and use the revenue from a PFC at Tri- previously provided to the Johnstown- New York, 11430. State Airport under the provisions of the Cambria Airport Authority under In addition, any person may, upon Aviation Safety and Capacity Expansion section 158.23 of Part 158. request, inspect the application, notice Act of 1990 (Title IX of the Omnibus FOR FURTHER INFORMATION CONTACT: and other documents germane to the Budget Reconciliation Act of 1990) L.W. Walsh, Manager Harrisburg application in person at the Johnstown- (Public Law 101–508) and Part 158 of Airports District Office, 3911 Hartzdale Cambria Airport Authority. the Federal Aviation Regulations (14 Dr., suite 1, Camp Hill, PA 17011. 717– CFR Part 158). Issued in Jamaica, New York on August 23, 782–4548. The application may be On August 12, 1996, the FAA 1996. reviewed in person at this same determined that the application to location. Thomas Felix, impose and use the revenue from a PFC SUPPLEMENTARY INFORMATION: The FAA Acting Manager, Planning & Programming submitted by the Tri-State Airport proposes to rule and invites public Branch Eastern Region. Authority was substantially complete comment on the application to impose [FR Doc. 96–22407 Filed 8–30–96; 8:45 am] within the requirements of section and use the revenue from a PFC at BILLING CODE 4910±13±M 158.25 of Part 158. The FAA will 46506 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices approve or disapprove the application, Line from milepost 485.55 to the end of Transportation Board, 1201 Constitution in whole or in part, no later than the line at milepost 486.16, near Omaha, Avenue, N.W., Washington, DC 20423. December 6, 1996. in Douglas County, NE.2 A copy of any petition filed with the The following is a brief overview of MP has certified that: (1) No local Board should be sent to applicant’s the application. traffic has moved over the line for at representative: Joseph D. Anthofer, Application number: 96–02–C–00– least 2 years; (2) there is no overhead General Attorney, Missouri Pacific HTS. traffic on the line; (3) no formal Railroad Company, 1416 Dodge Street, Level of the proposed PFC: $3.00. complaint filed by a user of rail service Room 830, Omaha, NE 68179. Proposed charge effective date: on the line (or by a state or local If the verified notice contains false or October 1, 1996. government entity acting on behalf of misleading information, the exemption Proposed charge expiration date: July such user) regarding cessation of service is void ab initio. 1, 1998. over the line either is pending with the MP has filed an environmental report Total estimated PFC revenue: Board or with any U.S. District Court or which addresses the abandonment’s $366,600. has been decided in favor of effects, if any, on the environment and Brief description of proposed projects: complainant within the 2-year period; historic resources. The Section of The PFC funds will be utilized to fund and (4) the requirements at 49 CFR Environmental Analysis (SEA) will the local share of the following 1105.7 (environmental reports), 49 CFR issue an environmental assessment (EA) proposed AIP project. 1105.8 (historic reports), 49 CFR by September 6, 1996. Interested —Repair Land Slide in Runway 30 1105.11 (transmittal letter), 49 CFR persons may obtain a copy of the EA by Safety Area 1105.12 (newspaper publication), and writing to SEA (Room 3219, Surface Class or classes of air carriers which 49 CFR 1152.50(d)(1) (notice to Transportation Board, Washington, DC the public agency has requested not to governmental agencies) have been met. 20423) or by calling Elaine Kaiser, Chief be required to collect PFCs: Non- As a condition to this exemption, any of SEA, at (202) 927–6248. Comments Scheduled Part 135 and 121 charter employee adversely affected by the on environmental and historic operators. abandonment shall be protected under preservation matters must be filed Any person may inspect the Oregon Short Line R. Co.— within 15 days after the EA becomes application in person at the FAA office Abandonment—Goshen, 360 I.C.C. 91 available to the public. listed above under FOR FURTHER (1979). To address whether this Environmental, historic preservation, INFORMATION CONTACT and at the FAA condition adequately protects affected public use, or trail use/rail banking regional Airports office located at: employees, a petition for partial conditions will be imposed, where Fitzgerald Federal Building, John F. revocation under 49 U.S.C. 10502(d) appropriate, in a subsequent decision. Kennedy International Airport, Jamaica, must be filed. Decided: August 28, 1996. New York, 11430. Provided no formal expression of By the Board, Joseph H. Dettmar, Acting In addition, any person may, upon intent to file an offer of financial Director, Office of Proceedings. request, inspect the application, notice assistance (OFA) has been received, this Vernon A. Williams, and other documents germane to the exemption will be effective on October Secretary. application in person at the Tri-State 3, 1996, unless stayed pending [FR Doc. 96–22455 Filed 8–30–96; 8:45 am] reconsideration. Petitions to stay that do Airport Authority. BILLING CODE 4915±00±P not involve environmental issues,3 Issued in Jamaica, New York on August 23, 1996. formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),4 and Thomas Felix, trail use/rail banking requests under 49 DEPARTMENT OF THE TREASURY Acting Manager, Planning & Programming CFR 1152.29 5 must be filed by Branch, Eastern Region. September 13, 1996. Petitions to reopen Bureau of Alcohol, Tobacco and [FR Doc. 96–22405 Filed 8–30–96; 8:45 am] or requests for public use conditions Firearms BILLING CODE 4910±13±M under 49 CFR 1152.28 must be filed by September 23, 1996, with: Office of the Proposed Collection; Comment Secretary, Case Control Branch, Surface Request Surface Transportation Board 1 ACTION: Notice and request for [STB Docket No. AB±3 (Sub-No. 138X] 2 The Douglas County Environmental Services comments. (County) filed a request for an issuance of a notice Missouri Pacific Railroad CompanyÐ of interim trail use (NITU) for the line pursuant to SUMMARY: The Department of the Abandonment and Discontinuance section 8(d) of the National Trails System Act, 16 U.S.C. 1247(d). The Board will address the County’s Treasury, as part of its continuing effort ExemptionÐin Douglas County, NE trail use request, and any others that may be filed, to reduce paperwork and respondent in a subsequent decision. burden, invites the general public and Missouri Pacific Railroad Company 3 The Board will grant a stay if an informed other Federal agencies to take this (MP) has filed a notice of exemption decision on environmental issues (whether raised opportunity to comment on proposed under 49 CFR 1152 Subpart F—Exempt by a party or by the Board’s Section of and/or continuing information Abandonments and Discontinuances of Environmental Analysis in its independent investigation) cannot be made before the collections, as required by the Trackage Rights over approximately exemption’s effective date. See Exemption of Out- Paperwork Reduction Act of 1995, 0.61-mile portion of the Omaha Belt of-Service Rail Lines, 5 I.C.C. 2d 377 (1989). Any request for a stay should be filed as soon as possible Public Law 104–13 (44 U.S.C. 1 The ICC Termination Act of 1995, Pub. L. No. so that the Board may take appropriate action before 3506(c)(2)(A)). Currently, the Bureau of 104–88, 109 Stat. 803, which was enacted on the exemption’s effective date. Alcohol, Tobacco and Firearms within December 29, 1995, and took effect on January 1, 4 See Exempt. of Rail Abandonment—Offers of the Department of the Treasury is 1996, abolished the Interstate Commerce Finan. Assist., 4 I.C.C. 2d 164 (1987). soliciting comments concerning the Commission and transferred certain functions to the 5 The Board will accept late-filed trail use Surface Transportation Board (Board). This notice requests so long as the abandonment has not been Grape Variety Names, Varietal (Grape- relates to functions that are subject to the Board’s consummated and the abandoning railroad is Type Labeling) and Approval of New jurisdiction pursuant to 49 U.S.C. 10903. willing to negotiate an agreement. Grape Variety Names. Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices 46507

DATES: Written comments should be regarding any monetary expenses you addressed to the OMB reviewer listed received on or before November 4, 1996 may incur while completing these and to the OTS Clearance Officer, Office to be assured of consideration. forms. of Thrift Supervision, 1700 G Street, ADDRESSES: Direct all written comments Dated: August 26, 1996. N.W., Washington, D.C. 20552. to Bureau of Alcohol, Tobacco and John W. Magaw, OMB Number: 1550–0029. Firearms, Linda Barnes, 650 Director. Form Number: OTS Form 1583. Massachusetts Avenue, NW., [FR Doc. 96–22280 Filed 8–30–96; 8:45 am] Type of Review: Extension without Washington, DC 20226, (202) 927–8930. BILLING CODE 4810±31±P change. FOR FURTHER INFORMATION CONTACT: Requests for additional information or Title: Capital Distributions. copies of the form(s) and instructions [Notice No. 837] Description: The information should be directed to Charles N. Bacon, collection provides uniform treatment Appointments of Individuals to Serve Wine, Beer and Spirits Regulations for capital distributions made by savings as Members of the Performance Branch, 650 Massachusetts Avenue, associations. It ensures adequate Review Board (PRB); Senior Executive NW., Washington, DC 20226, (202) 927– supervision of distributions of capital by Service 8518. savings associations, thereby fostering SUPPLEMENTARY INFORMATION: SUMMARY: Pursuant to 5 U.S.C. safety and soundness of the thrift Title: Grape Variety Names, Varietal 4314(c)(4), this notice announces the industry. (Grape-Type Labeling) and Approval of appointment of members of the Respondents: Savings and Loan New Grape Variety Names. Performance Review Board for the Associations and Savings Banks. OMB Number: 1512–0513. Bureau of Alcohol, Tobacco and Estimated Number of Respondents: Recordkeeping Requirement ID Firearms (ATF) for the rating period 1,027. Number: ATF REC 5100/2. beginning July 1, 1995, and ending Estimated Burden Hours Per Abstract: The type of grape wine may September 30, 1996. This notice effects Response: 4. be described in labeling and advertising changes in the membership of the ATF by using the variety name of the grape PRB previously appointed May 17, 1995 Frequency of Response: 4. from which the wine is made. Grape (60 FR 26478). Estimated Total Reporting Burden: variety names have been listed in The names and titles of the ATF PRB 16,432. regulations to assure accuracy. This members are as follows: Clearance Officer: Colleen M. Devine, collection provides ATF with Stephen J. McHale, Chief Counsel, (202) 906–6025, Office of Thrift information about new grape varieties in Bureau of Alcohol, Tobacco and Supervision, 1700 G Street, N. W., use. This information collection is Firearms, Department of the Treasury Washington, D.C. 20552. voluntary. There is no record retention John A. Dooher, Director, Washington OMB Reviewer: Alexander Hunt, (202) requirement. Office, Federal Law Enforcement 395–7860, Office of Management and Current Actions: There are no changes Training Center, Department of the Budget, Room 10226, New Executive to this information collection and it is Treasury Office Building, Washington, D.C. being submitted for extension purposes Suellen P. Hamby, Executive Director, 20503. only. Treasury Executive Institute, Catherine C. M. Teti, Type of Review: Extension. Department of the Treasury. Director, Records Management and Affected Public: Business or other for- FOR FURTHER INFORMATION CONTACT: Information Policy. profit. Clarence Wheeler, Jr., Personnel Estimated Number of Respondents: 5. Division, Bureau of Alcohol, Tobacco [FR Doc. 96–22283 Filed 8–30–96; 8:45 am] Estimated Time Per Respondent: 2 and Firearms, 650 Massachusetts BILLING CODE 6720±01±P hours. Avenue, NW., Washington, DC 20226; Estimated Total Annual Burden telephone (202) 927–8600. Hours: 10. Dated: August 27, 1996. [AC±44; OTS No. 4921] Request for Comments: Comments John W. Magaw, submitted in response to this notice will Fulton Savings Bank, FSB, Fulton, be summarized and/or included in the Director. Missouri; Approval of Conversion request for OMB approval. All [FR Doc. 96–22345 Filed 8–30–96; 8:45 am] Application comments will become a matter of BILLING CODE 4810±31±M public record. Comments are invited on: Notice is hereby given that on August (a) Whether the collection of 15, 1996, the Director, Corporate information is necessary for the proper Office of Thrift Supervision Activities, Office of Thrift Supervision, performance of the functions of the or her designee, acting pursuant to Submission for OMB Review; comment delegated authority, approved the agency, including whether the request information shall have practical utility; application of Fulton Savings Bank, (b) the accuracy of the agency’s estimate August 27, 1996. FSB, Fulton, Missouri, to convert to the of the burden of the collection of The Office of Thrift Supervision stock form of organization. Copies of the information; (c) ways to enhance the (OTS) has submitted the following application are available for inspection quality, utility, and clarity of the public information collection at the Dissemination Branch, Office of information to be collected; and (d) requirement(s) to OMB for review and Thrift Supervision, 1700 G Street, N.W., ways to minimize the burden of the clearance under the Paperwork Washington, D.C. 20552, and the collection of information on Reduction Act of 1995, Public Law 104– Midwest Regional Office, Office of respondents, including through the use 13. Copies of the submission(s) may be Thrift Supervision, 122 W. John of automated collection techniques or obtained by calling the OTS Clearance Carpenter Freeway, Suite 600, Irving, other forms of information technology. Officer listed. Comments regarding this Texas 75039–2010. Also, ATF requests information information collection should be By the Office of Thrift Supervision. 46508 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Notices

Dated: August 28, 1996. Nadine Y. Washington, Corporate Secretary. [FR Doc. 96–22344 Filed 8–30–96; 8:45 am] BILLING CODE 6720±01±M

UNITED STATES INSTITUTE OF PEACE Announcement of the 1997 Solicited Grant Topics

AGENCY: United States Institute of Peace. ACTION: Notice.

SUMMARY: The Agency is Soliciting Applications for its 1997 Solicited Grant Competition. The 1997 Themes/Topics are: • Solicitation A: Post-Settlement Peacebuilding. • Solicitation B: Negotiation, Mediation, and ‘‘Track II’’ Diplomacy. Subtopic: Training of International Affairs Professionals and Practitioners. Subtopic: Mediation. • Solicitation C: Regional Security Issues And Conflicts. Subtopic: European Security. Subtopic: South and Southeast Asia. • Solicitation D: Cross Cultural Negotiation Country Studies. DATES: Application material available upon request. Receipt date for return of applications: January 2, 1997. Notification of awards: March 1997. ADDRESSES: For Application Package: United States Institute of Peace, Grant Program, Solicited Grants, 1550 M Street, NW., Suite 700, Washington, DC 20005–1708, (202) 429–6063 (fax), (202) 429–1719 (TTY), E-mail: grant ll [email protected]. FOR FURTHER INFORMATION CONTACT: The Grant Program, Phone (202) 429–3842. Dated: August 19, 1996. Bernice J. Carney, Director, Office of Administration. [FR Doc. 96–22363 Filed 8–30–96; 8:45 am] BILLING CODE 3155±01±M federal register September 3,1996 Tuesday Rule andProposed Escrow AccountingProcedures;Final Streamlining RegulatoryReformand Real EstateSettlementProceduresAct: 24 CFRPart3500 Development Housing andUrban Department of Part II 46509 46510 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Rules and Regulations

DEPARTMENT OF HOUSING AND speech-impaired persons, this number Reporting and recordkeeping URBAN DEVELOPMENT may be accessed via TTY (text requirements. telephone) by calling the Federal Accordingly, part 3500 of title 24 of 24 CFR Part 3500 Information Relay Service at 1–800– the Code of Federal Regulations is 877–8339. [Docket No. FR±4023±F±03] corrected by making the following SUPPLEMENTARY INFORMATION: correcting amendments: RIN 2502±AG69 Corrections PART 3500ÐREAL ESTATE Office of the Assistant Secretary for The March 26, 1996 (61 FR 13232) SETTLEMENT PROCEDURES ACT Housing-Federal Housing streamlining rule left unchanged Commissioner; Real Estate Settlement references in §§ 3500.17(b) and (c)(4)(i) 1. The authority citation is revised to Procedures Act; Streamlining Final to the ‘‘effective date of this rule’’, the read as follows: Rule; Correction and Clarification ‘‘effective date of this final rule’’, and Authority: 12 U.S.C. 2601 et seq.; 42 U.S.C. AGENCY: Office of the Assistant ‘‘effective date of this section’’. These 3535(d). Secretary for Housing-Federal Housing references appeared in the definitions of 2. Section 3500.17 is amended: Commissioner, HUD. ‘‘phase-in period’’, ‘‘post rule account’’, ACTION: Correction to final rule and and ‘‘pre-rule account’’. HUD is issuing a. In paragraph (b) by revising the clarification. this correction to substitute the May 24, definitions of ‘‘Phase-in period’’, ‘‘Post- 1995, effective date of the applicable rule account’’, and ‘‘Pre-rule account’’; SUMMARY: On March 26, 1996 (61 FR rule escrow accounting procedures rule and 13232), the Department published a (60 FR 8812, February 15, 1995), for the b. In paragraph (c)(4)(i) by revising the final rule streamlining its regulations unclear references in those provisions. last sentence, to read as follows: under the Real Estate Settlement Technical Clarification Procedures Act (RESPA). That rule, § 3500.17 Escrow Accounts. when published, left unchanged The streamlining rule was first * * * * * corrected on April 29, 1996 (61 FR references in the rule to ‘‘effective (b) * * * date[s]’’ in certain provisions. HUD’s 18674). Subsequently, some servicers have noted that the streamlining rule Phase-in period means the period intent was that these references should beginning on May 24, 1995, and ending continue to refer to the effective date of removed from the Code of Federal Regulations (CFR) a number of examples on the conversion date, i.e., October 27, the escrow accounting procedures rule, 1997, by which date all servicers shall which was May 24, 1995, not to the of Initial and Annual Escrow Account Statements. Each example of the use the aggregate accounting method in effective date of the streamlining rule. conducting escrow account analyses. By this document, the text of the statements referenced ‘‘[Servicer’s streamlining rule is corrected to include name, address and toll-free number]’’ Post-rule account means an escrow expressly the May 24, 1995, effective under the format’s title. Some have account established in connection with date in the applicable provisions. questioned whether the removal of these a federally related mortgage loan whose In addition, this document contains a formats from the CFR constitutes a settlement date is on or after May 24, technical clarification of the change in the requirements pertaining to 1995. streamlining rule concerning the use of toll-free numbers. * * * * * The requirements have not changed. toll-free numbers. Pre-rule account is an escrow account As the preamble to the streamlining rule EFFECTIVE DATE: established in connection with a October 8, 1996. makes clear, while the Department federally related mortgage loan whose FOR FURTHER INFORMATION CONTACT: removed from codification several of the settlement date is before May 24, 1995. David R. Williamson, Director, Office of appendices that previously Consumer and Regulatory Affairs, Room accompanied part 3500, these materials * * * * * 5241, Department of Housing and Urban have been preserved and are available as (c) * * * Development, 451 Seventh Street, SW, Public Guidance Documents. Because (4) * * * Washington, DC 20410, telephone the removal of these formats from number (202) 708–4560 (this is not a (i) * * * After May 24, 1995, codification did not change any refinancing transactions (as defined in toll-free number); or for legal questions: requirements, including those for toll- Kenneth A. Markison, Assistant General § 3500.2) shall comply with the free numbers (see, e.g., paragraph requirements for post-rule accounts. Counsel for GSE/RESPA, Grant 6(b)(3)(B) of RESPA; 12 U.S.C. Mitchell, Senior Attorney for RESPA, or 2605(b)(3)(B)), HUD does not believe * * * * * Dated: August 27, 1996. Richard S. Bennett, Attorney, Room that any change to the rule text is 9262, Department of Housing and Urban required to make this clarification. Nicolas P. Retsinas, Development, 451 Seventh Street, SW, Assistant Secretary for Housing-Federal Washington, DC 20410, telephone List of Subjects in 24 CFR Part 3500 Housing Commissioner. number (202) 708–1550 (this is not a Consumer protection, Condominiums, [FR Doc. 96–22370 Filed 8–30–96; 8:45 am] toll-free number). For hearing- or Housing, Mortgages, Mortgage servicing, BILLING CODE 4210±27±P Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46511

DEPARTMENT OF HOUSING AND borrower the choice of disbursement speech-impaired persons, these URBAN DEVELOPMENT method. telephone numbers may be accessed via The second problem involves cases TTY (text telephone) by calling the 24 CFR Part 3500 where the servicer anticipates that Federal Information Relay Service at 1– disbursements for items such as 800–877–8339 (toll-free). The address [Docket No. FR±4079±P±01] property taxes will increase for each of these persons is: Department RIN 2502±AG75 substantially in the second year of the of Housing and Urban Development, escrow account. Because HUD’s current 451 Seventh Street, SW, Washington, Office of the Assistant Secretary for escrow rule provides for calculating DC 20410–0500. Housing-Federal Housing escrow payments based on the SUPPLEMENTARY INFORMATION: Commissioner Real Estate Settlement projection of escrow disbursements for Procedures Act (Regulation X): Escrow a 12-month period, when escrow items I. Background Accounting Procedures increase substantially after the initial Section 10 of the Real Estate 12-month period, the result could be AGENCY: Office of the Assistant Settlement Procedures Act of 1974 Secretary for Housing-Federal Housing that the servicer may require of the (RESPA) (12 U.S.C. 2609) establishes the Commissioner, HUD. borrower a substantial increase in statutory limits on the amounts that monthly payments for the second year, 1 ACTION: Proposed rule. mortgage servicers may require a not only to reflect the higher borrower to deposit into an escrow SUMMARY: This proposed rule addresses disbursements, but to make up a account if the servicer chooses to three problems that have arisen in deficiency or shortage in the escrow establish one. (RESPA does not require applying HUD’s current escrow account. To avoid this type of surprise the use of escrow accounts.) Section accounting rule under the Real Estate for the borrower, who may not be 10(a)(1) prohibits a servicer, at the time Settlement Procedures Act (RESPA), prepared to make the higher payments, the escrow account is created, from proposes a minor additional change to the rule proposes several solutions to requiring the borrower to make the RESPA rule, and provides public this problem, including, as a preferred payments to the escrow account that notice of certain technical clarifications option, offering the borrower the choice exceed the maximum amounts to the rule. This proposed rule includes at closing of how the account is to be calculated in accordance with the several appendices, which in the final calculated. statute. These maximum amounts are A third problem that this rule rule are likely to be published as Public calculated by analyzing how much proposes to address, in the interest of Guidance Documents (rather than money will be needed to cover avoiding confusion, is the means of codified appendices), in the interests of disbursements for the mortgaged disclosure on the HUD–1 and HUD–1A regulatory streamlining. However, these property, such as taxes and insurance, settlement forms of amounts required materials are set forth in this proposed and to maintain a cushion no greater for the escrow account. HUD is also rule as appendices, for the convenience than one-sixth of the estimated total proposing a minor additional change to of commenters during the review annual disbursements from the account. the RESPA rule and is clarifying period. Section 10(a)(2) prohibits the lender, existing regulations regarding matters The first problem addressed in this over the rest of the life of the escrow that do not require substantive rule involves the application of account, from requiring the borrower to modifications to the regulatory requirements respecting the method of make payments to the escrow account language. servicers’ disbursements from mortgage that exceed the amounts allowed under escrow accounts where the payee (i.e., DATES: Comment due date: November 4, RESPA. The maximum monthly amount the entity to which escrow items are 1996. that may be collected from the borrower owed, such as a taxing jurisdiction) ADDRESSES: Interested persons are is equal to one-twelfth of the total offers a choice of disbursements on an invited to submit comments regarding annual escrow disbursements that the annual or installment basis. Because of this proposed rule to the Rules Docket lender reasonably anticipates paying perceived ambiguities in the current Clerk, Office of General Counsel, Room from that account during a year, plus rule, there have been disparities in 10276, Department of Housing and the amount necessary to maintain the performance among mortgage servicers. Urban Development, 451 Seventh Street, one-sixth cushion. No provision of Some servicers switched to making SW, Washington, DC 20410–0500. Section 10 requires that the servicer annual disbursements for escrow items, Communications should refer to the collect the maximums allowable under such as property taxes, where discounts above docket number and title. the statute; the servicer may always for these payments were available, Facsimile (FAX) comments are not collect less and is not required to collect while other servicers switched to acceptable. A copy of each any cushion at all. installment disbursements for items communication submitted will be Section 10 and section 6(g) of RESPA where installments were allowed. The available for public inspection and (12 U.S.C. 2605(g)) govern the timing of choice of disbursement methods has copying between 7:30 a.m. and 5:30 disbursements from escrow accounts. In consequences for borrowers, including p.m. weekdays at the above address. choosing a disbursement date, section increasing or decreasing the amounts FOR FURTHER INFORMATION CONTACT: 10 requires that the servicer follow required to be deposited into the escrow David R. Williamson, Director, Office of ‘‘normal lending practices of the lender account at closing and during the life of Consumer and Regulatory Affairs, Room and local custom, provided that the the escrow account. The disbursement 5241, telephone 202–708–4560; or, for selection of each such date constitutes method may also have income tax legal questions, Richard S. Bennett, prudent lending practice.’’ Section 6(g) ramifications, depending on the timing Attorney; Grant Mitchell, Senior of disbursements for deductible items. Attorney for RESPA; or Kenneth A. 1 At times RESPA uses the term ‘‘lender’’ and at Because of these consequences, this rule Markison, Assistant General Counsel for other times it uses the term ‘‘servicer.’’ A lender proposes several alternatives for GSE/RESPA, Room 9262, telephone creates a loan obligation, but may or may not addressing this problem, including, as 202–708–3137 (these are not toll-free service the loan. Within this proposed rule, HUD uses the term ‘‘servicer’’ to include the lender when the preferred option, offering the telephone numbers). For hearing- and the lender performs the servicing function. 46512 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules requires servicers to ‘‘make payments those preferences. At the same time, borrowers may have been required by from the escrow account for such taxes, HUD recognizes that providing their servicers to make up substantial insurance premiums, and other charges borrowers this choice may impose shortages in their escrow accounts in a timely manner as such payments additional burdens and costs on (generally in increased monthly become due.’’ servicers, which are frequently passed payments over a year), which arose On October 26, 1994 (59 FR 53890) on to borrowers. Thus, this proposed when taxes were switched from (October 1994 rule), HUD published a rule also highlights approaches that installment disbursements to one final rule implementing sections 6(g) have been proposed by industry annual lump sum disbursement. Some and 10 of RESPA and changes to RESPA representatives. HUD seeks comments borrowers with loans that were made in section 942 of the National on all approaches and is also asking a switched from installments to annual Affordable Housing Act (Pub. L. 101– number of questions that are designed to disbursement may have faced financial 625, approved November 28, 1990). The help HUD make decisions among hardship in meeting the higher effective date of this rule was extended alternatives for the final rule. payments. Some borrowers may have to May 24, 1995, as a result of a believed that the outlay to make up the II. Annual vs. Installment February 15, 1995, rulemaking (60 FR shortage created with the switch to Disbursements 8812), which also modified and clarified annual disbursements simply was not the October 1994 rule, because of A. Statement of Problem worth the discount offered. Other questions on the rule. HUD issued The first problem HUD is proposing to borrowers who were applying for loans further clarifications and corrections on address arises when a servicer is may have been unable to come up with December 19, 1994 (50 FR 65442); confronted with the option of disbursing the cash required to close as a result of March 1, 1995 (60 FR 11194); and May escrow items, such as taxes, either in an the escrow account being calculated 9, 1995 (60 FR 24734), and published a annual lump sum or in installments based on annual disbursements instead notice of software availability on April during the year. In general, payments of installments. In contrast, some borrowers whose 4, 1995 (60 FR 16985). Further, HUD’s from an escrow account in installments servicers switched from annual to RESPA regulations were streamlined on work to the borrower’s benefit, because, installment disbursements may have March 26, 1996 (61 FR 13232) to comply on average, they result in lower up-front preferred to pay more at closing or to with the President’s regulatory reform payments to establish the account (i.e., have disbursements from an existing initiatives. lower closing costs).2 However, Today, HUD is proposing a rule escrow account paid in annual sometimes payees offer a discount to the disbursements, in order to receive a primarily to address three problems borrower if disbursements are made on under HUD’s existing escrow discount and thereby reduce the overall an annual basis. These discounts are amount paid or to accelerate property accounting procedures. These problems, most commonly offered by taxing explained in greater detail below, are tax deductions on their income tax. jurisdictions, which may offer a Some of these borrowers may have lost designated for purposes of discussion discount for annual payments of as: a significant portion of their property property taxes. tax deductions for the year in which the 1. Annual vs. Installment After publication of HUD’s October Disbursements; switch was made and may have been 1994 rule (discussed below in this unhappy with that consequence. 2. Payment Shock; and preamble), many servicers who had 3. Single-item Analysis with Of course, although some borrowers been disbursing escrow payments in Aggregate Adjustment. may have been adversely affected by a These problems were brought to installments switched to annual change in disbursement method, there HUD’s attention by borrowers, members disbursements where discounts were may have been others who benefited, of Congress, local government officials, available. There were many perhaps unknowingly, from such a and industry representatives. consequences of the switch that have change. For example, a change from This proposed rule is consistent with been described to HUD, and other installment to annual disbursements to three principles articulated by the consequences that HUD speculates may take advantage of a discount lowered Secretary in the preamble to the October have resulted. the total tax burden for many 1994 rule: Most of these actual or expected homeowners. Similarly, a change from (1) Reduce the cost of consequences would affect borrowers, annual to installment disbursements homeownership, by ensuring that funds and it is borrowers who have expressed resulted in lower escrow payments and, are not held in escrow accounts in the greatest concern about this problem. possibly, refunds for many excess of the amounts that are necessary After HUD issued the escrow rule, some homeowners. HUD has not heard much to pay expenses for the mortgaged about these positive effects. Finally, for 2 The choice of installment, rather than annual, many borrowers, HUD’s rules property and allowed by law; disbursements often results in substantial (2) Establish reasonable, uniform reductions in up-front cash requirements for the apparently have not resulted in any practices for escrow accounting; and buyer. For example, if two equal installments could change to the disbursement method for (3) Provide servicers with clear, be paid 6 months apart instead of paying the entire their escrow accounts. specific guidance on the requirements of bill on one of the installment dates, then Some taxing jurisdictions may also homebuyers who close on their loans less than 6 Section 10. months before the date on which the entire bill have been adversely affected by a With respect to the first two identified would otherwise have been due could come to change in disbursement method. As a problems, HUD is proposing to revise settlement with 6 months less in tax deposits to the result of the servicers changing from the escrow rules in ways that would escrow account. This results from the accrued taxes annual to installment disbursements, being a half-year’s taxes less for those homebuyers. give borrowers more choices. For these Assuming closings are evenly distributed some taxing jurisdictions may have two problems, HUD is proposing to throughout the year, households with the option of faced an unexpected temporary shortfall require that disclosures be given to two equal installment payments 6 months apart, in receipts of property taxes. Other borrowers so that they can make will, on average, be able to reduce the average up- taxing jurisdictions may have found that front cash required at settlement by 3-months’ informed choices as to their preferences. worth of taxes. In general, as the number of servicers changed from installment The proposal would require escrow installments grows, so does the average up-front payments to annual disbursements; this accounts to be maintained according to savings. could have resulted in unexpected Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46513 changes to receipts of property taxes or (but not required) to make settled before the effective date of a final could have led to shortfalls in income disbursements on an annual basis if a rule. tax receipts as deductions increased for discount were available.’’ The preamble Each alternative proposes that once a the year the switch was made. explained: disbursement method has been selected HUD recognizes that promulgating [T]he Department received a number of in accordance with the requirements of new rules that result in switching questions regarding circumstances in which the alternative, servicers would be accounts from one disbursement the payee offered an option of either prohibited from switching disbursement method to another could again affect installment payments or a one-time payment methods without the borrower’s borrowers and taxing jurisdictions and with a discount. The preamble to the October consent. This would mean that even is seeking a way to clear up the problem 26, 1994, and February 15, 1995, rules where one servicer acquires servicing that resulted from the prior rule while indicated that when a choice was available, from another servicer, the second minimizing any further disruption. servicers should make disbursements on an servicer would be required to apply the installment basis, rather than an annual same disbursement method as the first B. HUD’s Current Regulations basis; however, servicers were permitted (but servicer, as long as that option is offered not required) to make disbursements on an HUD’s regulation at 24 CFR by the payee, unless the borrower 3500.17(k)(1) provides: ‘‘In calculating annual basis if a discount were available. Once the choice of payment basis is made, consents to changing disbursement the disbursement date, the servicer shall the disbursement date chosen for that basis methods. The reason for this approach use a date on or before the earlier of the depends on discount and penalty dates. is that many loans shifted disbursement deadline to take advantage of discounts, Section 3500.17(k) states that ‘‘[i]n dates as a result of the 1994 rule. HUD if available, or the deadline to avoid a calculating the disbursement date, the seeks to develop an approach with the penalty.’’ See also §§ 3500.17(b) servicer shall use a date on or before the minimum negative impact for (definition of ‘‘disbursement date’’), earlier of the deadline to take advantage of borrowers, servicers, and third parties, 3500.17(c)(2) and (c)(3), and discounts, if available, or the deadline to such as taxing jurisdictions. HUD is 3500.17(d)(1)(i)(A) and (2)(i)(A). Some avoid a penalty.’’ This provision is consistent concerned that, if the approach adopted with the rule, which is designed to avoid mortgage servicers have interpreted this results in a large number of additional rule to require that a servicer, when excessive upfront payments and balances in escrow accounts and, therefore, favors shifts in the way escrows are disbursed, offered an option of making a installment payments, unless there are HUD will create new problems while disbursement from the escrow account penalties or discounts that make annual attempting to solve old ones. HUD in installments or in an annual payments advantageous for the consumer. believes the approach proposed, if disbursement with a discount, choose Also, after settlement a servicer and borrower ultimately adopted, would be the the lump sum annual disbursement are not prevented by this rule from mutually approach that would minimize with a discount, no matter how small agreeing, on an individual case basis, to a disruption. the discount is, even if the borrower and different payment basis (installment or If borrowers could be involuntarily the servicer would otherwise agree to annual) or disbursement date. switched from annual disbursements to forego the discount and have the escrow 60 FR 24734. installment disbursements as a result of account computed for disbursements on a transfer of servicing or unilateral an installment basis. HUD recognizes that the rule text and change by the servicer, some borrowers On the other hand, other servicers the preamble language may have created would face consequences they did not have interpreted HUD’s rule, in light of confusion. Until such time as HUD desire. A switch could result in a preamble language, to require publishes a final rule on this subject, surplus that a servicer would be installments where available and allow, servicers should adhere to the following required to return to a borrower, but but not require, annual disbursement at approach, consistent with HUD’s prior could also reduce the amount of the the servicer’s discretion where a guidance: Where a payee offers the borrower’s tax deduction for escrow discount is offered for annual option of installment disbursements or items, such as property taxes, in the disbursement.3 This approach is in a discount for annual disbursements, year of the switch. If a borrower could keeping with HUD’s intention that the the servicer should make disbursements be involuntarily switched from regulations generally favor installment on an installment basis, but may, at the installment disbursements to annual payments, because in many cases they servicer’s discretion (but is not required disbursements as a result of a transfer of result in lower up-front payments and by RESPA to), make annual servicing or unilateral change by the lower average escrow balances for the disbursements, in order to take servicer, the transfer or change could borrower. HUD also sought for servicers advantage of the discount for the increase the tax deductions for escrow to take advantage of discounts that borrower; HUD encourages (but does not items such as property taxes in the year would benefit borrowers. require) servicers to follow the of the switch, but could result in In response to further questions on preference of the borrower. Where the shortages for many borrowers. this issue, HUD indicated in its payee offers the option of either annual The approach of prohibiting a servicer February 1995 clarifications of the rule disbursements with no discount or from switching disbursement methods that the rule’s focus had been to deal installment payments, the servicer is without the borrower’s consent, ‘‘with a practice, previously engaged in required to make installment payments. including requiring a servicer to use the by some servicers, of collecting and C. Possible Revisions to Regulations to disbursement method used by the paying a full-year’s taxes in advance, Address Problem former servicer when there is a transfer although they were billed on an of servicing, does not mean that the installment basis.’’ 59 FR 8813. In the There are several rulemaking borrower would have to consent to a preamble to a May 1995 rule, HUD alternatives to address whether servicers transfer of servicing or would have veto stated that ‘‘servicers were permitted are to make installment or annual authority over such a transfer. Transfer disbursements. These alternatives of servicing is governed by section 6 of 3 The preamble to the October 1994 rule propose to distinguish between escrow RESPA and regulations at 24 CFR explained, ‘‘Unless there is a discount to the borrower for early payments, the regulation does accounts for loans that settle on or after 3500.21. However, this approach would not allow servicers to pay installment payments on the effective date of a final rule and mean that a borrower would have to an annual or other prepayment basis.’’ 59 FR 53893. escrow accounts for loans that settle or consent to a change in the disbursement 46514 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules method, including a change proposed Existing loans. For loans that settled make disbursements from escrow by a subsequent servicer. HUD seeks prior to the effective date of a final rule, accounts on an installment basis, where comments on whether this policy would the servicer and subsequent servicers payees offer that option as an alternative adversely affect the value, and would be prohibited from changing the to annual disbursements. Where a payee efficiency of the transfer, of servicing method of disbursement for property offers the option of installment rights. taxes without the borrower’s prior disbursements or a discount for annual This proposed rule contains the main written consent where the taxing disbursements, the servicer may, at the substance of proposed rule language to jurisdiction offers a choice between servicer’s discretion (but would not be implement the various alternatives installments and annual disbursements. required as a result of RESPA to), make discussed. Additional conforming In addition, no later than the first annual disbursements, in order to take amendments to the rule, appropriate to escrow analysis for such escrow advantage of the discount for the whichever alternative is ultimately accounts performed after the effective borrower. Where the payee offers the adopted, would be required. date of a final rule, servicers would be option of annual disbursements with no required to offer borrowers, in writing, discount or installment payments, the Alternative 1: Consumer Choice an opportunity to switch from one servicer would be required to make New loans. For escrow accounts on method of disbursement for property installment payments. Where a payee any loan closed on or after the effective taxes to another. offers the option of installment date of a final rule, servicers would be This approach provides the greatest disbursements or a discount for annual required to give borrowers the choice of flexibility to the borrower. However, it disbursements, the rule would provide making disbursements of property taxes may impose higher costs on servicers; that HUD encourages (but does not on an installment or on an annual basis, servicers will likely need two different require) servicers to follow the when those options are offered by the disbursement systems to reflect the preference of the borrower on whether taxing jurisdiction. HUD’s proposal does disbursement preferences of borrowers. to make disbursements on an annual or not currently address the choice Alternative 2: Servicer Flexibility installment basis. between installments and annual In addition, the servicer and disbursements for other escrow items, Under this alternative, HUD would subsequent servicers are prohibited because the question has only been revise the rule to provide that a servicer from changing the method of raised to HUD in the context of property must make disbursements by a date that disbursement, as long as a choice taxes; however, HUD would consider avoids a penalty, but the servicer is continues to exist in the taxing addressing other escrow items, otherwise free to make disbursements jurisdiction, without the borrower’s depending on comments received.4 on such date as complies with normal prior written consent. This alternative would require lending practice of the lender and local The advantage of this option is that, servicers, at some time before custom, provided that the selection of like Alternative 2 (discussed above in settlement, to provide a disclosure form each such date constitutes prudent this preamble), it provides flexibility to (in the format of Appendix F) to lending practice. Under this alternative, servicers. It would also allow servicers borrowers whose property taxes will be once the servicer has made a choice of to accommodate borrowers with a paid from an escrow account and whose the disbursement method, the servicer particular preference. The disadvantage taxing jurisdictions offer the choice and subsequent servicers are prohibited of this alternative is that it would not between disbursements on an from changing the method of guarantee that servicers would installment or an annual basis. The form disbursement, as long as a choice accommodate the preferences of indicates some of the advantages and continues to exist in the taxing individual borrowers, providing less disadvantages to the borrower of jurisdiction, without the borrower’s choice for borrowers. installment and annual disbursements prior written consent. The benefit of this alternative is that D. Questions for Commenters and asks the borrower to make a choice it is the least-intrusive regulatory While the description of each between the two methods. If the approach for HUD to take. In addition, alternative discussed under the heading borrower does not make a choice, the it provides flexibility to servicers. This ‘‘Annual vs. Installment Disbursements’’ servicer will be required to make alternative would also leave servicers in this preamble, indicates some of the installment disbursements of property free to accommodate borrowers with a possible advantages and disadvantages, taxes. particular preference, as long as the there could be other alternatives, as well This alternative also provides that borrower’s preference is in accordance as unanticipated negative consequences once the consumer has made a choice with normal lending practice of the for the industry, borrowers, taxing (or installments are required because the lender and local custom and constitutes authorities, or others. HUD seeks consumer has failed to make a choice), prudent lending practice. The comments from the public on which, if the servicer and subsequent servicers disadvantage of this alternative is that it any, of these alternative approaches are prohibited from changing the would not guarantee that servicers should result from this rulemaking, or method of disbursement for property would accommodate the preferences of whether other permissible approaches taxes, as long as the taxing jurisdiction individual borrowers and, therefore, under RESPA would better serve the offers a choice, without the borrower’s provides less choice for borrowers. interests of the public and the intent of prior written consent. the statute. HUD also invites Alternative 3: Keep, But Clarify, Current commenters to comment on HUD’s 4 Requirements If the servicer is given a choice between proposed regulatory language and to installment or annual disbursements for other escrow items (such as property or hazard Under this alternative, HUD would submit specific regulatory language to insurance), HUD’s rule would require the servicer clear up any inconsistencies between implement their proposals. to make disbursements by a date that avoids a the regulatory text and the earlier HUD is particularly interested in penalty, but the servicer would otherwise be free to preamble language that have created comments on the following issues: make disbursements on such date as complies with normal lending practice of the lender and local confusion, as discussed above in this 1. How are servicers currently custom, provided that the selection of each such preamble. The rule would be revised to addressing the problem of setting the date constitutes prudent lending practice. provide that, generally, servicers must appropriate disbursement date when Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46515 given a choice of annual or installment could affect escrow payments due at a substantial increase is defined as an disbursements? closing and each month thereafter, what increase of 50 percent or more in the 2. What would be the impact of timing would be necessary for the monthly escrow payment between the changing the requirements on particular servicer to prepare the closing payment under the initial escrow servicers operating under existing documents and perform related work? accounting and the payment in the RESPA regulations, particularly with How will the option selected affect second year of the escrow account. A respect to any changes in the underwriting? substantial increase in property taxes in requirements for loans settled before the 8. If an approach is adopted in which the second year often occurs in cases of effective date of a final rule? the borrower’s preference for new construction. In many jurisdictions, 3. What are the discounts obtained by installments or annual disbursements is the taxes the locality charges for the first servicers for borrowers? How large are controlling, should HUD prescribe a year are based on the assessed value of the discounts? When must disclosure format as proposed? Is the the unimproved property, while for the disbursements be made in order to information HUD proposes to provide second year the taxes are based on the receive the discounts? on the disclosure format appropriate for improved value. A substantial increase 4. What would be the impact on providing the borrower with a fair and in payments may also occur where a tax servicers of requiring them to provide informed choice? disbursement that would normally borrowers with a choice? Should this be 9. If an approach is adopted in which appear on the projection for the coming limited to a one-time choice at closing the borrower’s preference for year is paid prior to the borrower’s first or should the borrower be free to switch installments or annual disbursements is regular payment, i.e., these regularly disbursement methods during the life of controlling, what period of time is occurring taxes do not appear in the the loan, and, if so, how often and under needed for the servicer to change the projection. Reassessments after a what circumstances? disbursement method? property is sold may also cause a 5. What are the relative benefits and 10. The issue of annual or installment substantial second year increase. While disadvantages of an approach that treats disbursements most often arises in the the servicer could alert the borrower at loans that settle on or after the effective context of property taxes. If an approach closing that an increase will occur, if the date of a final rule differently from loans is adopted in which the borrower’s servicer does not, the borrower may be that have settled before the effective preference for installments or annual unpleasantly surprised by the increase. date of a final rule—e.g., minimizing the disbursements is controlling, should This situation results in several need for a servicer to switch from one this approach apply only to problems. Disclosures received at method to another for existing loans, but disbursements for property taxes, as closing show low payment amounts potentially requiring servicers to use proposed, or should it extend to other throughout the first year when, in fact, different disbursement methods for escrow items for which a choice the escrow payment will substantially different borrowers within a single between installments and annual increase for the second year, or even taxing authority? disbursements may be offered? What during the first year if a short year 6. Should the size of an available statement is issued at the point when discount matter and, if so, how? Should should be the rule for other escrow items when a choice is offered? the higher disbursement shows up in HUD provide that once the discount 6 11. What rules should apply to loans the 12-month projection. Some meets a certain percentage or other borrowers may be unable to meet the threshold that: (a) Annual that settle before the effective date of a final rule? What rules should apply to increased escrow payments because the disbursements with a discount must be shortage will raise payments even more. used; (b) it becomes the borrower’s loans that settle after the effective date of the final rule, once those loans have A customer relations issue may be choice whether to make disbursements created for servicers who have to in that manner; or (c) it becomes the settled? What rules should apply when there is a transfer of servicing? explain to borrowers why the payment servicer’s choice whether to make is increased so much. disbursements in that manner? Should III. Payment Shock These concerns have come largely the threshold that determines whether from industry representatives who have A. Statement of Problem to take the discount be tied to a responded to numerous borrower particular market rate that varies over Another problem HUD is proposing to inquiries and complaints about time, e.g., some percentage above or address arises when disbursements for increases in escrow payments to reflect below the discount rate, the rate on 3- escrow items such as property tax higher disbursements and make up month Treasury Bills, etc.? Should a disbursements are expected by the shortages. Mortgage servicers have ‘‘reasonable servicer’’ standard be servicer to be much higher in the second indicated that they would like to avoid applied, i.e., allowing a servicer to year of the escrow account than in the any payment change in subsequent choose whether to take advantage of the first year. As a result, the borrower will years by collecting more money in the discount if a reasonable person would be faced with a substantial increase in first year of servicing. make such a decision with his or her the monthly escrow payment during the own money? second year and, possibly, a lump sum second year may be in excess of the actual balance 7. If an approach is adopted in which payment to eliminate a deficiency from at the end of the first year. If so, then there is a the borrower’s preference for 5 shortage to be made up as well. If the 12-month the account. For purposes of this rule, approach is taken to eliminate the shortage, then installments or annual disbursements is monthly payments will also rise by approximately controlling, when should the servicer 5 The increase in the monthly payment can be one-twelfth of the shortage. If a cushion is used, the give the borrower the disclosure? If the broken down into two components. Any time an payment increases will be slightly higher, until the borrower is required to designate which escrow account disbursement increases, it will have cushion is built up. the effect of raising the monthly borrower escrow 6 HUD regulations at 24 CFR 3500.17(f)(1) (i) and option is preferred before loan approval, payment by approximately one-twelfth of that (ii) provide that, aside from conducting an escrow how can the borrower be protected from increase. In addition, the projection for the coming account analysis when an escrow account is pressure to select an option that is year shows what the target balance (accruals plus established and at completion of the escrow merely the lender’s preference and not the cushion) should be at the beginning of the account computation year, a servicer may conduct coming year. To the extent that expected an escrow account analysis at other times. The necessarily in the borrower’s best disbursements in the second year exceed what they escrow account analyses conducted at other times interest? Because the method selected were in the first, the beginning target balance for the result in short-year statements. 46516 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules

B. Analysis Under HUD’s Current C. Possible Revisions to Regulations to presented to the borrower for his or her Regulations Address Problem selection: Method A. Analysis of the account Consistent with Section 10 of RESPA, There are many possible ways to using the accounting method required HUD regulations specify the maximum respond to the Payment Shock problem under the current rule, which results in amount that a servicer may legally identified. Just as in the case of the a shortage at the end of the first year and require borrowers to deposit in escrow Annual vs. Installment Disbursements higher payments in the second year. accounts. HUD regulations prescribe problem discussed above in this Method B. Analysis of the account that in conducting an escrow account preamble, the Secretary believes that using an accounting method that has the analysis, the servicer considers only the providing the consumer with following characteristics: disbursements that are expected to come information to make an informed —Requires an initial deposit of $0 into due for a 12-month period. See, e.g., choice, and allowing the consumer’s the escrow account at closing; §§ 3500.17(b) (definition of ‘‘escrow choice to control, is likely the best —Requires a monthly payment in the account computation year’’) and approach for addressing this problem. first year equal to one-twelfth of the 3500.17(c) (limits on payments to Set forth below are three alternatives, estimated total annual disbursements escrow accounts). While the servicer some of which contain options within from the escrow account for the can take into account expected changes the alternatives. This proposed rule second year; to disbursements over the 12-month contains the main substance of —Causes surpluses or smaller shortages period,7 even if the servicer knows that proposed regulatory language to at the end of the first year, which payments from an escrow account will implement the various alternatives causes escrow payments to increase in substantially increase at a time more discussed. Additional conforming the second year less than under than 12 months in the future, the amendments to the regulations would Method A or not at all. be required, consistent with whichever servicer cannot, when preparing the Method C. Analysis of the account alternative is ultimately adopted. initial escrow account statement, using an alternative accounting calculate the borrower’s payments to Alternative 1: Consumer Choice method 10 that has the following cover the expected increases. However, characteristics: HUD’s existing regulations Under this alternative, when the —Requires an initial deposit into the (3500.17(f)(1)(ii)) allow the servicer to servicer expects that the bills paid out escrow account at closing greater than perform short year statements. The of the escrow account will increase the initial deposits required under regulations also allow borrowers to substantially after the first year, the Method B; make additional escrow payments servicer would provide to the borrower, —Requires the same monthly payment voluntarily to avoid a shortage in the at some time prior to closing, a written during the first year as under Method following year. HUD’s existing disclosure in the format of appendix G B, which is greater than under regulations provide that if the borrower to this proposed rule or a similar format. Method A; makes such additional payments, they The borrower would make a choice from —Generates month-end balances such must normally be returned to the several accounting options for his or her that the lowest month-end balance for borrower if they result in a surplus the account on a format that would indicate, the first year equals one-sixth of the next time the escrow account analysis is under each option, the amount due at estimated total annual disbursements performed. See 59 FR 53893 (voluntarily closing; the monthly escrow payments for the second year (the initial deposit escrowed funds not excluded from the in the first, second, and third years; and is not considered in finding the trial running balance calculations).8 If the corresponding surpluses anticipated lowest month-end balance); 9 the additional payments do not result in at the end of the first year. The —Requires an initial deposit into a surplus the next time the escrow borrower would therefore have the escrow at closing greater than the account analysis is performed (i.e., opportunity to make a voluntary choice initial deposits required under where disbursements will substantially to limit payment changes in the second Method B; increase), the additional payments do year of the escrow account. As would be —Generates even larger balances at the not have to be returned to the borrower. explained on the disclosure format, if end of the first year than under the borrower did not make a choice, the Method B, eliminating shortages and accounting method would ‘‘default’’ to 7 HUD’s current regulations address the issue of increasing surpluses that must be estimating disbursement amounts for the 12-month the method prescribed under the current returned to the borrower; computation year: regulations (which may result in —Causes no increase in escrow To conduct an escrow account analysis, the substantially increased payments in the payments in the second year. servicer shall estimate the amount of escrow second year). Once an escrow account items to be disbursed. If the servicer knows Note: If the consumer selects Methods B or the charge for an escrow item in the next accounting method is selected by choice C, the amounts held in escrow could be computation year, then the servicer shall use that or default, that method may not be greater than allowed under Section 10. In amount in estimating disbursement amounts. If the changed without the consent of the order to permit these options, the Secretary charge is unknown to the servicer, the servicer may borrower, even if the servicing rights are would invoke his exemption authority under base the estimate on the preceding year’s charge as section 19(a) of RESPA, 12 U.S.C. 2617. modified by an amount not exceeding the most transferred to another servicer. recent year’s change in the national Consumer Price Under this alternative, the following Alternative 2: Make No Change Index for all urban consumers (CPI, all items). In accounting methods (illustrated in ‘‘The cases of unassessed new construction, the servicer Under this alternative, even where the may base an estimate on the assessment of Payment Shock Problem,’’ Appendix H– 1 to this proposed rule) would be servicer expects that the bills paid out comparable residential property in the market area. of the escrow account will increase 24 CFR 3500.17(c)(7). substantially after the first year, the 8 Surpluses generated by voluntary borrower 9 Whether disbursements from escrow accounts prepayments (frequently of principal, interest, and will be made on an annual or installment basis and current requirements for escrow escrow account amounts) do not constitute a whether there is a discount for annual disbursement violation of the escrow account limits, even if they will affect the numbers to be filled in and, 10 The Mortgage Bankers Association indicated to remain in the account in the next escrow account potentially, the number of calculations on the HUD that it favors this alternative in computation year. 60 FR 8813. Escrow Accounting Method Selection Format. correspondence to HUD dated April 10, 1996. Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46517 analysis would continue to apply. This 2. As a variation on Alternative 1, the servicer’s inquiry to the borrower alternative would not specifically Method C, calculate the cushion as one- and the borrower’s response? If the prevent the problems of shortages at the sixth of the estimated annual borrower is required to designate before end of the first year of the escrow disbursements for the first year, instead loan approval which option he or she account and substantial escrow payment of 2 months of the escrow payments for prefers, would the borrower be increases in the second year as a result the first year. pressured into selecting an option that of large increases in escrow 3. For each new account for which it may not be in the borrower’s best disbursements during the second year of is anticipated that there will be a interest? Because the method selected servicing. However, under the existing substantial payment increase in the could affect escrow payments due at rule, servicers may disclose the problem second year for one or more escrow closing and each month thereafter, what to borrowers, and borrowers may make items, allow the servicer, with the timing would be sufficient for the voluntary overpayments to escrow consent of the borrower, the option of closing agent to prepare the closing accounts. Servicers may also calculate calculating the escrow payments on a documents and perform related work? short-year statements. Thus, under the 24-month basis. This would allow the How would the option selected affect existing rule, some methods are servicer to look ahead to the second year underwriting? available to alleviate the payment shock and estimate the payment that would be 6. If the consumer choice option is problem, although they are not required. due, thereby mitigating the deficiency or adopted, should HUD prescribe a shortage after the first year, leaving a disclosure format as proposed? Is the Alternative 3: Mandate First Year smaller deficiency or shortage after the information HUD is proposing to Overpayment second year. (Using an escrow account provide on the disclosure format Under this alternative, when the period of more than one year has appropriate? servicer expects that the bills paid out precedent. See the treatment of flood 7. Should there be limits on the of the escrow account will increase insurance and water purification escrow borrower’s opportunity to switch escrow substantially after the first year, HUD funds in § 3500.17(c)(9).) Under this accounting methods? How frequently would require the servicer to calculate option, since the amounts held in should the borrower be allowed to the escrow account under a procedure escrow would be greater than allowed change methods and under what that has the characteristics described under Section 10, it would be necessary circumstances? Should the borrower be under Alternative 1, Method C, for the Secretary to invoke his allowed to make only a one-time choice described above (illustrated in ‘‘The exemption authority under section 19(a) at closing? Payment Shock Problem,’’ Appendix H– of RESPA, 12 U.S.C. 2617. 8. Should any alternatives be offered 2 to this proposed rule). This approach HUD invites commenters to submit to borrowers whose escrow payments would result in requiring amounts held specific regulatory language to are not expected to increase in escrow to be greater than allowed implement their proposals and to substantially after the first year? under Section 10. The Secretary could, comment on HUD’s proposed regulatory language. HUD is also interested in IV. Single-Item Analysis With however, mandate the use of this escrow Aggregate Adjustment Problem accounting method pursuant to his comments on the following issues: 1. How are servicers dealing with exemption authority under section 19(a) A. Statement of Problem and HUD’s payment increases in the second year of RESPA, 12 U.S.C. 2617. Current Regulations under the current rule? D. Questions for Commenters 2. How should mortgage servicers The October 1994 escrow rule determine whether bills paid out of established a uniform nationwide HUD seeks comments from the public escrow accounts are expected to standard accounting method known as on which, if any, of these alternative increase substantially after the first aggregate accounting. This replaced the approaches should result from this year? Is it appropriate to define a common method of accounting in the rulemaking, or whether other substantial increase as an increase of 50 industry—treating each escrow account permissible approaches would better percent or more in the monthly escrow item as a separate or single item. The serve the interests of the public and the payment between the payment under amounts on the HUD–1 in the 1000 intent of the statute. Other possible the initial escrow accounting and the series historically were shown in a alternatives on which HUD would payment in the second year of the single-item mode—that is, the reserve welcome comment include: escrow account, and is it appropriate for amount for each separate escrow 1. As variations on Alternative 2, this threshold to trigger additional account item was listed. either: requirements? What method should be When the October 1994 rule was (A) Require servicers to disclose to used in calculating the expected being developed, Federal Reserve Board borrowers that it is anticipated that they payments? staff indicated that it needed a single- will have a substantial payment increase 3. What, if any, impact would there be item amount for private mortgage in the second year, so borrowers will be in changing the requirements regarding insurance (PMI) reserves in order to less surprised when such an increase payment increases on servicers make annual percentage rate (APR) occurs, but do not require servicers to operating under existing RESPA calculations under the Truth In Lending indicate specifically to borrowers regulations? Act. For this reason, and in an effort to methods of avoiding the shortage; or 4. What, if any, impact would there be avoid altering the basic format of the (B) Require servicers to disclose to on servicers if they are required to HUD–1 or HUD–1A in the October 1994 borrowers that it is anticipated that they provide borrowers a one-time choice at rule, the Department required that an will have a substantial payment increase closing? What would be the impact on aggregate adjustment (either zero or a in the second year and to inform servicers of requiring them to provide negative number) be made after each borrowers of the amount of the expected borrowers a choice at other times? What individual item was listed in the 1000 shortage at the end of the first year and would be the burden in having different series, so that the reserve amount for of the opportunity to make additional procedures for different borrowers? escrow account items conformed to the payments to escrow ahead of schedule 5. If the consumer choice option is aggregate accounting method. Before the to avoid Payment Shock. adopted, what should be the timing of October 1994 escrow rule, Section L of 46518 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules the HUD–1 and HUD–1A only showed arrange for a timely paint inspection or strict methodologies for delivering positive numbers, that is, payments that risk assessment for the presence of lead- information that frequently is were being allocated to various based paint or lead-based paint hazards unavailable or difficult to obtain. As settlement costs. After publication of the before becoming obligated under a sales long as the estimates are developed in October 1994 final rule, the Department contract. Generally, a prospective good faith, the use of single-item received complaints that the itemization purchaser has 10 days to conduct such analysis with a maximum 1-month of the reserve amounts with an aggregate a lead-based paint evaluation of the cushion to establish a range or amount adjustment was confusing and the property. A prospective purchaser, for Good Faith Estimate purposes will information was not useful to however, may waive in writing the be acceptable. The Good Faith Estimate borrowers. Settlement agents and others opportunity to conduct this evaluation. instructions in § 3500.7(c)(2) are indicated that individual itemization of Therefore, HUD proposes to add proposed to be amended to clarify that reserves in the 1000 series imposed an language to the Good Faith Estimate this method of estimation is available additional paperwork and explanation format (appendix C) to reference a lead- after the phase-in period has passed. burden, when the only relevant number based paint inspection or risk (c) Question: Appendix E assumes for calculations is the aggregate deposit assessment and to add a reference to that the same cushion applies to all amount. such inspections or assessments in the escrow items. However, lenders may instructions for completing the 1300 B. Possible Revisions to Address prefer to use, for instance, a 2-month series of the HUD–1 or HUD–1A. HUD Problem cushion for hazard insurance and a 1- anticipates that a more detailed month cushion for property taxes. Is This rule proposes a method of explanation of purchasers’ rights in this that permissible? correcting the problem: HUD would no regard will be contained in the next Answer: Yes. The rule does not longer require the single-item listing of revision of the HUD Settlement Costs require that the cushion be the same escrow deposits on the HUD–1 or HUD– booklet. fraction of annual anticipated 1A. The rule would create a new option VI. Clarifications to Existing Rule disbursements for each escrow item, in the instructions for the 1000 series of provided, of course, that no cushion these forms to reflect the aggregate The following paragraphs discuss exceeds the limit of 2 months’ deposit. As proposed, the settlement clarifications of the escrow rule that do disbursements. agent could also continue to itemize the not require substantive modifications to (d) Question: When filling out the 1000-series reserves, at the settlement language in the existing provisions. HUD–1, it is necessary to calculate the agent’s discretion. If the charges are not These clarifications are in response to aggregate adjustment so that the amount itemized, an asterisk (*) would have to questions that have been raised about the borrower has to pay into the escrow be placed next to each item in the 1000 the escrow rule. account at closing will not exceed the series for which a reserve is taken. The (a) Question: Does the rule permit a RESPA limits (which are defined in amount collected would be described as cushion to be taken on private mortgage terms of aggregate accounting, whereas ‘‘Aggregate Escrow Deposit for Items insurance (PMI) premium payments? the rest of the 1000 series of the HUD– Answer: Yes. Nothing in the rule Marked (*) Above’’ on a line at the end 1 is reported using single-item distinguishes these payments from any of the 1000 series. In the discussion accounting). The aggregate adjustment is other payments into the escrow account ‘‘Clarifications of Existing Rule’’ in Part the difference between the deposit and, thus, a cushion may be based on V of this preamble, HUD has made clear calculated under the aggregate such payments. The question arises that entries on the Good Faith Estimate accounting method and the sum of the because Federal Housing may be based on single-item analysis, deposits that would be calculated using Administration (FHA) program rules do with a maximum 1-month cushion. The single-item accounting. Must the same prohibit a cushion on the FHA Mortgage rule is proposed to be amended to make cushion be used when making the Insurance Premium (MIP), but the FHA clear that the use of the estimating aggregate calculations as was used when limitation is applicable only to the FHA method remains available after the end making the single-item calculations? of the phase-in period (October 24, mortgage insurance. (b) Question: During the phase-in Answer: Yes. So, for example, if a 1- 1997). month cushion were taken for taxes and Federal Reserve Board staff has period under the escrow rule for a 2-month cushion were taken for indicated that it generally concurs with accounts existing prior to May 24, 1995, insurance in making the single-item this approach, inasmuch as the PMI there is an alternative approach entries, then the cushion in making the number for APR calculations is permitted for disclosing potential aggregate calculations would be the sum otherwise available. HUD seeks escrow charges under § 3500.8(c)(2), of one-twelfth of the projected taxes and comments from the public on this involving the use of single-item analysis one-sixth of the projected insurance. proposal, as well as other approaches with a 1-month cushion. In the final that would be permissible under RESPA rule of February 15, 1995 (60 FR 8812), Other Matters and might better serve the interests of the clarifications indicated that for Good Paperwork Reduction Act Statement the public and the intent of the statute. Faith Estimate purposes, as well as for HUD also invites commenters to submit the HUD–1 or HUD–1A, a single-item The proposed information collection specific regulatory language to analysis with a maximum 1-month requirements contained in § 3500.17 implement their proposals. cushion is acceptable. See 60 FR at 8812 and Appendices A and C of this rule and 8813. Is the single-item analysis will be submitted to the Office of V. Additional Proposed Change with a 1-month-cushion approach Management and Budget (OMB) for HUD proposes to add information to acceptable on the Good Faith Estimate, review in accordance with the the Good Faith Estimate format to help even when the aggregate approach is Paperwork Reduction Act of 1995 (44 make purchasers of pre-1978 residential subsequently used on the HUD–1 or U.S.C. 3501–3520). dwellings aware that, pursuant to 42 HUD–1A, and will this be true after the (a) In accordance with 5 CFR U.S.C. 4852d (implemented by HUD in phase-in period ends? 1320.5(a)(1)(iv), the Department is regulations published on March 6, 1996, Answer: Yes. The good faith estimate setting forth the following concerning 61 FR 9064), they have the right to is an estimate and HUD does not impose the proposed collection of information: Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46519

(1) Title of the information collection consumer to choose whether taxes are software. The third alternative does not proposal: Escrow account tax paid on annual, semi-annual or other require an additional burden. disbursement method disclosure; basis. The other two alternatives do not (iii) Changes for lead-based paint. In escrow account tax calculation require a new disclosure. addition, information is proposed to be procedure disclosure; and changes to (ii) Escrow account tax calculation added in the Good Faith Estimate format lines pertaining to lead-based paint risk procedure disclosure. Another problem to make purchasers of pre-1978 assessments or inspections in settlement the rule addresses is where the charges residential dwellings aware that, statements and good faith estimates. for an item are expected to be pursuant to 42 U.S.C. 4852d, they have (2) Summary of the collection of substantially higher the second year the right to arrange for a lead-based information: The escrow account tax than in the first year. The increased paint inspection or risk assessment. disbursement method disclosure will charges may result in payment shock as (4) Description of the likely allow the consumer to choose whether well as a deficiency in the escrow respondents, including the estimated taxes are paid on an annual, a account and substantially increased number of likely respondents, and semiannual, or other basis. The escrow escrow payments the following year. For proposed frequency of response to the collection of information: The 2,000 account tax calculation procedure example, in the case of new disclosure allows consumers to choose respondents for both disclosures are construction, the real estate tax amount the procedure that is used to calculate mortgage lenders/servicers. (i) It is may be estimated on the unimproved the escrow account, when it is estimated that respondents must give a value of the property. Frequently, anticipated that the second-year charges one-time disclosure to 34.9 million borrowers are then required to pay taxes for an item will be substantially higher borrowers who establish or maintain based on the improved value of the than the first-year charges. mortgage loan escrow accounts. (ii) It is property. (3) Description of the need for the estimated that respondents must give a information and its proposed use: (i) Current regulations limit the amount one-time disclosure to 1 million Escrow account tax disbursement that the lender may require the borrower borrowers who are identified as having method disclosure. The Real Estate to deposit in an escrow account at a substantially increased tax charge the Settlement Procedures Act (RESPA) at settlement and the amount the lender second year of the loan. (iii) Settlement 12 U.S.C. 2609 provides for escrow may require the borrower to maintain in statements and good faith estimates accounts. The implementing regulations an account. The regulations at 24 CFR currently provide for inclusion of costs at 24 CFR 3500.17(k) provide that the 3500.17 prescribe the method for associated for lead-based paint servicer shall use as the disbursement determining these amounts. The inspection costs, but not as a discrete date a date on or before the earlier of the proposed rule offers three alternative line item. The number of respondents deadline to take advantage of discounts, solutions. One alternative requires a will not change as a result of this rule. if available, or the deadline to avoid a disclosure that allows the consumer to (5) Estimate of the total reporting and penalty. Consequently, some lenders choose the procedure for calculating recordkeeping burden that will result changed disbursement methods and escrow payments. Another alternative from the collection of information: some borrowers were adversely affected would require lenders to calculate the (There is no additional burden expected by the change. The proposed rule escrow under a new procedure which is to result from specifying a discrete line suggests three alternatives in addressing also a consumer choice under the first for lead-based paint risk assessment or this problem. One alternative will alternative. Both of these alternatives inspection costs in the settlement require an escrow tax disbursement would require lenders to make statements (appendix A) or good faith method disclosure which will allow the adjustments to escrow calculation estimate format (appendix C).)

REPORTING BURDEN

Est. ave. re- Reference Number of re- Frequency sponse time Annual burden spondents of response (hrs.) hrs.

Disbursement Disclosure ...... 34.9 mill ...... 1 0.0833 2,908,332 Method C Calculation ...... 2,000 ...... 1 10 20,000 Calculation and Disclosure (Borrower Choice) ...... 1.0 mill ...... 1 0.3333 333,000

RECORDKEEPING BURDEN

Hrs. per No. recordkeepers record- Annual bur- keeper den hours

Disbursement Disclosure: 2,000 ...... 1,454 2,908,000 Calculation Disclosure: 2,000 ...... 42 84,000

Total Burden Hours ...... 6,253,332

(b) In accordance with 5 CFR concerning the proposed collection of functions of the agency, including 1320.8(d)(1), the Department is information to: whether the information will have soliciting comments from members of (1) Evaluate whether the proposed practical utility; the public and affected agencies collection of information is necessary for the proper performance of the 46520 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules

(2) Evaluate the accuracy of the substantial number of small entities. on family formation, maintenance, and agency’s estimate of the burden of the There are no anticompetitive general well-being, and, thus, is not proposed collection of information; discriminatory aspects of this proposed subject to review under the order. No (3) Enhance the quality, utility, and rule with regard to small entities, nor significant change in existing HUD clarity of the information to be are there any unusual procedures that policies or programs will result from collected; and would need to be complied with by promulgation of this rule, as those (4) Minimize the burden of the small entities. The requirements of policies and programs relate to family collection of information on those who RESPA must be uniformly adhered to by concerns. are to respond; including through the all lenders and servicers. To the extent use of appropriate automated collection that small entities are affected by any of List of Subjects in 24 CFR Part 3500 techniques or other forms of information the provisions in the proposed rule, the Consumer protection, Condominiums, technology, e.g., permitting electronic impact is expected to be relatively Housing, Mortgages, Mortgage servicing, submission of responses. insignificant and will be reviewed in Reporting and Recordkeeping Interested persons are invited to developing the final rule. requirements. submit comments regarding the However, this proposed rule describes information collection requirements in possible alternative requirements and For the reasons stated in the this proposal. Under the provisions of 5 seeks comments to help the Department preamble, part 3500 of Title 24 of the CFR part 1320, OMB is required to make make a final decision regarding these Code of Federal Regulations is proposed a decision concerning this collection of alternatives. Although a complete and to be amended as follows. information between 30 and 60 days thorough analysis of all the possible after today’s publication date. Therefore, permutations in the rule is impractical, PART 3500ÐREAL ESTATE a comment on the information the proposed rule provides sufficient SETTLEMENT PROCEDURES ACT collection requirements is best assured information for the public to provide the of having its full effect if OMB receives Department with informed comments 1. The authority citation for part 3500 the comment within 30 days of today’s and, to the extent feasible, otherwise continues to read as follows: publication. This time frame does not addresses areas that would be included Authority: 12 U.S.C. 2601 et seq.; 42 U.S.C. affect the deadline for comments to the in a regulatory flexibility analysis. 3535(d). agency on the proposed rule, however. Comments must refer to the proposal by Environmental Impact 2. Appendix A is amended in Section name and docket number (FR–4079) and A Finding of No Significant Impact L under the text heading ‘‘Line Item must be sent to: with respect to the environment has Instructions’’ as follows: Joseph F. Lackey, Jr., HUD Desk Officer, been made in accordance with HUD a. By revising the paragraph beginning Office of Management and Budget, regulations in 24 CFR part 50 that with the phrase ‘‘Lines 1301 and 1302’’; New Executive Office Building, implement section 102(2)(C) of the Washington, DC 20503 National Environmental Policy Act of b. In the paragraph beginning with the and 1969 (42 U.S.C. 4332). The finding is phrase ‘‘Lines 1303–1305’’, by removing Reports Liaison Officer, Office of the available for public inspection during the number ‘‘1303’’ and adding in its Assistant Secretary for Housing, regular business hours in the Office of place the number ‘‘1304’’; and Federal Housing Commissioner, the General Counsel, Rules Docket c. By adding a new paragraph after the Department of Housing and Urban Clerk, room 10276, 451 Seventh Street, paragraph beginning with the phrase Development, 451—7th Street, SW, SW, Washington, DC 20410. ‘‘Lines 1301 and 1302’’, to read as Room 9116, Washington, DC 20410 Executive Order 12612, Federalism follows: Status: Extension of currently Appendix A to Part 3500—Instructions approved collection (2502–0501). The General Counsel, as the Designated Official under section 6(a) of for Completing HUD–1 and HUD–1A Executive Order 12866 Executive Order 12612, Federalism, has Settlement Statements; Sample HUD–1 The Office of Management and Budget determined that the policies contained and HUD–1A Statements reviewed this proposed rule under in this proposed rule will not have * * * * * Executive Order 12866, Regulatory substantial direct effects on States or Lines 1301 and 1302 are used for fees for Planning and Review. Any changes their political subdivisions, or the survey, pest inspection, radon inspection, or made to the rule as a result of that relationship between the Federal other similar inspections. review are clearly identified in the Government and the States, or on the Line 1303 is used for lead-based paint docket file, which is available for public distribution of power and hazard risk assessments, lead-based paint inspection at the Office of the Rules responsibilities among the various inspections, or other lead-based paint Docket Clerk, Office of General Counsel, levels of government. As a result, the evaluations. rule is not subject to review under the Room 10276, Department of Housing * * * * * and Urban Development, 451 Seventh Order. Promulgation of this rule Street, SW, Washington, DC 20410– expands coverage of the applicable 3. Appendix C, Sample Form of Good 0500. regulatory requirements pursuant to Faith Estimate, is amended in the chart statutory direction. by adding a new row, with three Regulatory Flexibility Act columns, after the row with the phrase Executive Order 12606, The Family The Secretary, in accordance with the ‘‘Pest inspection...... ’’ in the first Regulatory Flexibility Act (5 U.S.C. The General Counsel, as the column, to read as follows: 605(b)), has reviewed this rule before Designated Official under Executive Appendix C to Part 3500—Sample publication and by approving it certifies Order 12606, The Family, has Form of Good Faith Estimate that this proposed rule does not have a determined that this proposed rule does significant economic impact on a not have potential for significant impact * * * * * Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46521

2 HUD±1 or HUD± Item 1A Amount or range

******* Lead-based paint inspection ...... 1303 $

******* 2 Footnote remains unchanged.

Annual Vs. Installment Disbursements estimate the disbursement amounts taxing jurisdiction offers the choice [Items 4–5] according to paragraph (c)(7) of this between disbursements on an 4. Section 3500.17 is amended by section. Pursuant to paragraph (k) of this installment or an annual basis, at some revising the definition of ‘‘disbursement section, the servicer shall use a date on time before closing the servicer shall date’’ in paragraph (b) and by revising or before the deadline to avoid a penalty provide to the borrower an Escrow paragraphs (c)(2) and (3), to read as as the disbursement date for the escrow Account Property Tax Disbursement follows: item. The servicer shall use the escrow Alternatives Selection sheet in the account analysis to determine whether a format of Appendix F to this part and § 3500.17 Escrow accounts. surplus, shortage, or deficiency exists shall provide the borrower with an * * * * * and shall make any adjustments to the opportunity to make a selection. (b) * * * account pursuant to paragraph (f) of this (4) For a loan that settles on or after Disbursement date means the date on section. Upon completing an escrow [INSERT EFFECTIVE DATE OF FINAL which the servicer actually pays an account analysis, the servicer shall RULE], when the taxing jurisdiction escrow item from the escrow account. prepare and submit an annual escrow offers the servicer the option of making * * * * * account statement to the borrower, as disbursements for property taxes on an (c) * * * set forth in paragraph (i) of this section. installment or an annual basis, the (2) Escrow analysis at creation of * * * * * servicer must make disbursements for escrow account. Before establishing an 5. Section 3500.17 is further amended property taxes on an installment basis, escrow account, the servicer shall and, if applicable, Appendix F is added unless the borrower has indicated on conduct an escrow account analysis to to part 3500 in accordance with one of the Escrow Account Property Tax determine the amount the borrower the following alternatives: Disbursement Alternatives Selection shall deposit into the escrow account, a. Under ALTERNATIVE 1 (Consumer sheet that disbursements for property subject to the limitations of paragraph Choice): By revising paragraph (k) and taxes are to be made on an annual basis. (c)(1)(i) of this section and the amount adding Appendix F to part 3500, to read The servicer and subsequent servicers of the borrower’s periodic payments as follows; or are prohibited from changing the into the escrow account, subject to the b. Under ALTERNATIVE 2 (Servicer method of disbursement for property limitations of paragraph (c)(1)(ii) of this Flexibility): By revising paragraph (k), to taxes from the method the borrower section. In conducting the escrow read as follows; or selected on the Escrow Account account analysis, the servicer shall c. Under ALTERNATIVE 3 (Keep, But Property Tax Disbursement Alternatives estimate the disbursement amounts Clarify, Current Requirements): By Selection sheet, without the borrower’s according to paragraph (c)(7) of this revising paragraph (k), to read as prior written consent. section. Pursuant to paragraph (k) of this follows: (5) For a loan that has settled prior to section, the servicer shall use a date on [INSERT EFFECTIVE DATE OF FINAL or before the deadline to avoid a penalty § 3500.17 Escrow accounts. RULE], when the taxing jurisdiction as the disbursement date for the escrow * * * * * offers the servicer the option of making item. Upon completing the initial disbursements for property taxes on an escrow account analysis, the servicer [Alternative 1 (Consumer Choice)] installment or an annual basis, the shall prepare and deliver an initial (k) Timely payments. (1) If the terms servicer and subsequent servicers are escrow account statement to the of any federally related mortgage loan prohibited from changing the method of borrower, as set forth in paragraph (g) of require the borrower to make payments disbursement for property taxes from this section. The servicer shall use the to an escrow account, the servicer shall the method that was used on [INSERT escrow account analysis to determine pay the disbursements in a timely DATE OF PUBLICATION OF FINAL whether a surplus, shortage, or manner, that is, on or before the RULE] or the date of settlement deficiency exists since settlement and deadline to avoid a penalty, as long as (whichever is later), without the shall make any adjustments to the the borrower’s payment is not more than borrower’s prior written consent, as long account pursuant to paragraph (f) of this 30 days overdue. as such method of disbursement section. (2) The servicer shall advance funds complies with normal lending practice (3) Subsequent escrow account to make disbursements in a timely of the lender and local custom and analyses. For each escrow account, the manner, as long as the borrower’s constitutes prudent lending practice. In servicer shall conduct an escrow payment is not more than 30 days addition, no later than the first escrow account analysis at the completion of overdue. Upon advancing funds to pay account analysis performed after the escrow account computation year to a disbursement, the servicer may seek [INSERT EFFECTIVE DATE OF FINAL determine the borrower’s monthly repayment from the borrower for the RULE], a servicer shall offer a borrower, escrow account payments for the next deficiency pursuant to paragraph (f) of in writing, the opportunity to switch computation year, subject to the this section. from one disbursement method for limitations of paragraph (c)(1)(ii) of this (3) For those borrowers whose property taxes to the other. section. In conducting the escrow property taxes will be paid from an (6) If the payee for escrow items other account analysis, the servicer shall escrow account where the applicable than property taxes offers the servicer 46522 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules the option of making disbursements on (2) The servicer shall advance funds complies with normal lending practice an installment or an annual basis, the to make disbursements in a timely of the lender and local custom and servicer must make disbursements by a manner as long as the borrower’s constitutes prudent lending practice. date that avoids a penalty, but may payment is not more than 30 days Where the payee offers the option of otherwise make disbursements on either overdue. Upon advancing funds to pay installment disbursements or a discount an installment or an annual basis as the a disbursement, the servicer may seek for lump sum annual disbursements, servicer prefers, as long as such method repayment from the borrower for the HUD encourages, but does not require, of disbursement complies with normal deficiency, pursuant to paragraph (f) of the servicer to follow the preference of lending practice of the lender and local this section. the borrower as to whether to make custom and constitutes prudent lending (3) If the payee for escrow items disbursements on a lump sum annual or practice. (including property taxes) offers the installment basis, if such preference is * * * * * servicer the option of making known to the servicer. disbursements on an installment basis (4) The servicer and subsequent Appendix F—Escrow Account Property or a lump sum annual basis, the servicer servicers for an escrow account are Tax Disbursement Alternatives must make disbursements by a date that prohibited from changing the method of Selection Format avoids a penalty, but may otherwise disbursement as long as a choice of Your property taxes will be disbursed out make disbursements on either an disbursement methods exists, without of your escrow account by your loan servicer. installment basis or a lump sum annual the borrower’s prior written consent. Your jurisdiction provides the option of basis as the servicer prefers, as long as * * * * * paying the property taxes in installment such method of disbursement complies payments spread out over the year, or in one with normal lending practice of the Payment Shock [Item 6] annual lump sum payment. lender and local custom and constitutes 6. Except with respect to Alternative You are being offered alternative methods prudent lending practice. 2 in this amendatory instruction, for these property taxes to be paid. They are (4) The servicer and subsequent § 3500.17 is further amended and, if described below. servicers are prohibited from changing applicable, appendices are added to part As shown by the choices below, if you the method of disbursement as long as choose installment payments, the amount 3500, in accordance with either you have to deposit into your escrow account a choice continues to exist, without the Alternative 1 or Alternative 3, as at closing may be less. On the other hand, if borrower’s prior written consent. follows: you choose annual payments, the total * * * * * a. Under ALTERNATIVE 1 (Consumer amount of property taxes you will pay may Choice): By adding, in alphabetical be less if your taxing jurisdiction provides a [Or Alternative 3 (Keep, But Clarify, order, a definition of ‘‘Substantial discount for annual payments. The Current Requirements)] increase’’; by revising the introductory alternative you choose could also affect the (k) Timely payments. (1) If the terms text of paragraph (c); by revising amount of your tax deductions during the of any federally related mortgage loan paragraph (d); by adding new first year of the loan, if you itemize—you require the borrower to make payments paragraphs to be designated later; and may wish to consult a tax advisor. to an escrow account, the servicer shall If you do not make a selection, by adding Appendices G and H–1, to disbursements will be made on an pay the disbursements in a timely read as follows; or installment basis. manner, that is, on or before the b. ALTERNATIVE 2 (Make No deadline to avoid a penalty, as long as Change); or ESCROW ACCOUNT PROPERTY TAX the borrower’s payment is not more than c. Under ALTERNATIVE 3 (Mandate DISBURSEMENT ALTERNATIVES 30 days overdue. First Year Overpayment): By adding, in (2) The servicer shall advance funds alphabetical order, in paragraph (b), a Install- to make disbursements in a timely definition of ‘‘Substantial increase’’; by Annual manner as long as the borrower’s revising the introductory text of ment pay- pay- ments payment is not more than 30 days paragraph (c); by revising paragraph (d); ments overdue. Upon advancing funds to pay by adding new paragraphs, to be llll llll a disbursement, the servicer may seek designated later; and by adding Property tax bill for next repayment from the borrower for the 12 months. Appendix H–2, to read as follows: llll llll deficiency pursuant to paragraph (f) of Due at closing ...... § 3500.17 Escrow accounts. Monthly escrow pay- llll llll this section. ment first year. (3) If the payee for escrow items * * * * * (including property taxes) offers the Alternative 1 (Consumer Choice) I prefer the indicated option (check one and servicer the option of making sign below) disbursements on an installment or a (b) * * * b Installment Payments lump sum annual basis, the servicer Substantial increase means an b Annual Payments shall make disbursements by a date that increase of 50 percent or more in the lllllllllllllllllllll avoids a penalty. If such payee does not monthly escrow payment in the second Borrower’s Signature offer a discount for disbursements on a year of an escrow account is projected as compared to the payment under the [Or Alternative 2 (Servicer Flexibility)] lump sum annual basis, the servicer must make disbursements on an initial escrow accounting. (k) Timely payments. (1) If the terms installment basis. If, however, the payee * * * * * of any federally related mortgage loan offers a discount for disbursements on a (c) Limits on payments to escrow require the borrower to make payments lump sum annual basis, the servicer accounts; acceptable accounting to an escrow account, the servicer shall may, at the servicer’s discretion (but is methods to determine limits. Except as pay the disbursements in a timely not required by RESPA to), make lump otherwise provided in paragraph (l) of manner, that is, on or before the sum annual disbursements in order to this section, the following applies: deadline to avoid a penalty, as long as take advantage of the discount for the * * * * * the borrower’s payment is not more than borrower, as long as such method of (d) Methods of escrow account 30 days overdue. disbursement selected by the servicer analysis. Paragraph (c) of this section Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46523 prescribes acceptable accounting the servicer may switch only to the (i) The servicer first projects a trial methods except as otherwise provided escrow accounting procedure in balance for the account as a whole over in paragraph (l) of this section. The paragraph (d) of this section. the next computation year (a trial following sets forth the steps servicers (XXX) Limits on payments to escrow running balance). The servicer may shall use to determine whether their use accounts; acceptable accounting include as disbursements only those of an acceptable accounting method methods to determine limits when amounts that are expected to be paid in conforms with the limitations in servicer expects substantial increase in the 12-month period covered by the paragraph (c)(1) of this section. The bills paid out of escrow account after projection. In doing so, the servicer steps set forth in this section derive the first year for loans which settle on assumes that it will make estimated maximum limits. Servicers may use or after [INSERT EFFECTIVE DATE OF disbursements on or before the deadline accounting procedures that result in RULE]. When the servicer expects a to avoid a penalty. The servicer does not lower target balances. In particular, substantial increase in bills paid out of use pre-accrual on these disbursement servicers may use a cushion less than the escrow account after the first year, dates. The servicer also assumes that the the permissible cushion or no cushion the servicer may deviate from the borrower will make monthly payments at all. This section does not require the requirements of paragraph (c) of this equal to one-twelfth of the estimated use of a cushion. section to the extent necessary to total annual escrow account * * * * * comply with paragraph (XXXX) of this disbursements for the second year. (l) Rules of special applicability section. (XXXX) Methods of escrow account (ii) The servicer then examines the when servicer expects a substantial analysis for the initial statement when monthly trial balances and adds to the increase in bills paid out of escrow the servicer expects a substantial initial deposit an amount just sufficient account after the first year for loans that increase in bills paid out of the escrow to bring the lowest monthly trial balance settle on or after [INSERT EFFECTIVE account after the first year. When the (not considering the initial deposit) to DATE OF FINAL RULE]. servicer expects a substantial increase in zero, and adjusts all other monthly (X) Opportunity for Selection of the bills paid out of the escrow account balances and the initial deposit Escrow Account Method. When a after the first year, the servicer shall use accordingly. servicer expects that there will be a the following steps in producing the (iii) The servicer then adds to the substantial increase in the bills paid out projection for the initial statement: initial deposit the permissible cushion. of an escrow account after the first year, (1) Method A. When a servicer uses The cushion is one-sixth of the at some time before closing, the servicer Method A in conducting the initial estimated total annual escrow account shall provide to the borrower an Escrow escrow account analysis, paragraph (d) disbursements for the second year or a Accounting Method Selection sheet in of this section applies. lesser amount specified by State law or the format of Appendix G to this part (2) Method B. When a servicer uses the mortgage document. and shall provide the borrower with an Method B in conducting the initial opportunity to make a selection. The escrow account analysis, the target (4) The steps set forth in this servicer must perform the escrow balances may not exceed the balances paragraph (XXXX) derive maximum accounting in accordance with the computed according to the following limits. Servicers may use accounting method selected by the borrower. If the arithmetic operations: The servicer procedures that result in lower target borrower does not make a selection, the projects a trial balance for the account balances. In particular, servicers may servicer must perform the escrow as a whole over the next computation use a cushion less than the permissible accounting in accordance with Method year (a trial running balance) with a cushion or no cushion at all. This A. beginning balance of 0. The servicer paragraph (XXXX) does not require the (XX) No Change in Escrow may include as disbursements only use of a cushion. Accounting Method without Borrower those amounts that are expected to be * * * * * Consent. (1) Once an escrow accounting paid in the 12-month period covered by method is determined by the process in Appendix G—Sample Escrow the projection. In doing so, the servicer Accounting Method Selection Format paragraph (X) of this section, the assumes that it will make estimated servicer and subsequent servicers are disbursements on or before the deadline The bills paid out of your escrow account prohibited from changing the escrow to avoid a penalty. The servicer does not are expected to increase substantially after accounting method unless either use pre-accrual on the disbursement the first year. Under normal escrow practices, paragraph (l)(XX) (i) or (ii) applies: dates. The servicer also assumes that the your monthly escrow payment in the second (i) The borrower provides his or her borrower will make monthly payments year could be much higher than in the first, prior written consent; or equal to one-twelfth of the estimated both to pay the larger bills and to make up for a shortage at the end of the first year. (See (ii) The servicer no longer projects total annual escrow account that there will be a substantial increase Method A.) You may voluntarily choose to disbursements for the second year. make higher payments during the first year in bills paid out of the escrow account (3) Method C. When a servicer uses to reduce or eliminate the monthly payment after the 12-month period covered in the Method C in conducting the initial increase in the second year. (See Methods B projection for the coming year. escrow account analysis, the target or C.) You are being offered alternative (2) If the servicer changes escrow balances may not exceed the balances escrow payment schedules. They are account methods in reliance on computed according to the following described below. If you do not make a paragraph (l)(XX)(ii) of this section, arithmetic operations: selection, Method A will be used.

ESCROW ACCOUNT ALTERNATIVES

Method A Method B Method C

Due at closing ...... lllll lllll lllll Monthly escrow payment first year ...... lllll lllll lllll Estimated surplus refunded at end of first year ...... lllll lllll lllll Estimated monthly escrow payment second year ...... lllll lllll lllll 46524 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules

ESCROW ACCOUNT ALTERNATIVESÐContinued

Method A Method B Method C

Estimated monthly escrow payment third year ...... lllll lllll lllll

I prefer the indicated method (check one and Pay- Bal- Pay- Bal- sign below) Year 2 ment Disburs ance Year 1 ment Disburs ance A b B b Sep ...... 300 0 2880 Mar ...... 300 0 2712 C b Oct ...... 300 0 3180 Apr ...... 300 720 2292 lllllllllllllllllllll Nov ...... 300 2880 600 May ...... 300 0 2592 Borrower’s Signature Dec ...... 300 0 900 Jan ...... 300 0 1200 Step 2.—Projection for Year 2 Appendix H–1—The Payment Shock Feb ...... 300 0 1500 Problem Mar ...... 300 0 1800 Projection same as for Method A. Instructions and Sample Mathematical Apr ...... 300 720 1380 Shortage/Surplus = Desired starting Calculations for Completing Escrow May ...... 300 0 1680 balance ¥ Actual balance Accounting Method Selection Format = 1680–2592 Shortage (or surplus) = Desired starting = ¥912 (912 surplus) Assumptions balance—Actual starting balance This $912 surplus is refunded to borrower Disbursements = 1680¥252 at end of Year 1. Thus, the borrower starts = 1428 Year 2 with the desired starting balance of Year 1 Additional Monthly Escrow Payment = 1680 and the monthly payment is $300. $720 for insurance—disbursed in April Shortage/12 $288 for property taxes—disbursed in = 1428/12 Step 3.—Projection for Year 3 November = 119 Same as year 2. Since there is no shortage Monthly escrow payment = Shortage/ Year 2 or surplus, the monthly payment is $300 per 12 + Disbursements/12 month. $720 for insurance—disbursed in April = 119 + 300 $2,880 for property taxes—disbursed in = 419 Method B Summary To Appear on Disclosure November Step 3.—Projection for Year 3 Due at closing = $0 First Payment: June 15 Monthly escrow payment first year = $300/ Same as year 2. Since there is no shortage month Method A or surplus, the monthly payment is $300 Estimated surplus refunded at end of first per month. [Demonstrates calculation for completing year = $912 Method A of Escrow Accounting Method Method A Summary To Appear on Estimated monthly escrow payment second Selection Format (Appendix G).] Disclosure year = $300 Assumption: Cushion selected by servicer Due at closing = $252 Estimated monthly escrow payment third equals one-sixth of estimated total annual Monthly escrow payment first year = $84/ year = $300 disbursements. month Method C Step 1.—Projection for Year 1 Estimated surplus refunded at end of first year = $0 [Demonstrates calculation for completing See 24 CFR 3500.17(k) for instructions and Estimated monthly escrow payment second Method C of Escrow Accounting Method Appendix E to Part 3500 for sample year = $419 Selection Format (Appendix G).] calculation (example below uses aggregate Estimated monthly escrow payment third Assumption: On the initial statement, the analysis). year = $300 cushion selected by servicer equals 1⁄6 of Method B estimated total annual disbursements for the Year 1 Pay- Disburs Bal- ment ance [Demonstrates calculation for completing second year and the Monthly deposit equals Method B of Escrow Accounting Method 1⁄12 of estimated total annual disbursements Initial deposit: 252 Selection Format (Appendix G).] for the second year. Any subsequent analysis Jun ...... 84 0 336 Assumption: On the initial statement, the uses the escrow accounting technique in 24 Jul ...... 84 0 420 initial deposit equals $0 and the monthly CFR 3500.17(c)(3). Aug ...... 84 0 504 deposit equals 1⁄12 of second year’s estimated Sep ...... 84 0 588 Step 1.—Projection for Year 1 total annual disbursements. Any subsequent Oct ...... 84 0 672 analysis uses the escrow accounting Nov ...... 84 288 468 Pay- Bal- technique in 24 CFR 3500.17(c)(3). Year 1 Disburs Dec ...... 84 0 552 ment ance Jan ...... 84 0 636 Step 1.—Projection for Year 1 Feb ...... 84 0 720 Initial deposit: 300 Mar ...... 84 0 804 Pay- Bal- Jan ...... 300 0 600 Apr ...... 84 720 168 Year 1 ment Disburs ance Feb ...... 300 0 900 May ...... 84 0 252 Mar ...... 300 0 1200 Initial deposit: 0 Apr ...... 300 0 1500 Step 2.—Projection for Year 2 Jun ...... 300 0 300 May ...... 300 0 1800 Jul ...... 300 0 600 Jun ...... 300 288 1812 Aug ...... 300 0 900 Jul ...... 300 0 2112 Year 2 Pay- Disburs Bal- ment ance Sep ...... 300 0 1200 Aug ...... 300 0 2412 Oct ...... 300 0 1500 Sep ...... 300 0 2712 Starting balance: 1680 Nov ...... 300 288 1512 Oct ...... 300 0 3012 Jun ...... 300 0 1980 Dec ...... 300 0 1812 Nov ...... 300 720 2592 Jul ...... 300 0 2280 Jan ...... 300 0 2112 Dec ...... 300 0 2892 Aug ...... 300 0 2580 Feb ...... 300 0 2412 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46525

Step 2.—Projection for Year 2 Methods accounting procedures that result in Projection same as for methods A and B. lower target balances. In particular, ABC Shortage/Surplus = Desired starting servicers may use a cushion less than the permissible cushion or no cushion balance ¥ Actual balance Estimated sur- = 1680–2892 plus refunded at all. This section does not require the = ¥1212 (1212 surplus) at end of first use of a cushion. This $1212 surplus is refunded to borrower year ...... 0 0 0 * * * * * at end of Year 1. Thus, the borrower starts Estimated (l) Rules of special applicability Year 2 with the desired starting balance of monthly es- where servicer expects substantial $1680 and the monthly payment is $300. crow payment increase in bills paid out of escrow second year ... 534 349 300 account after the first year for loans Step 3.—Projection for Year 3 Estimated monthly es- which settle on or after [INSERT Same as year 2. Since there is no shortage EFFECTIVE DATE OF FINAL RULE]. or surplus, the monthly payment is $300 per crow payment third year ...... 300 300 300 (X) Limits on payments to escrow month. accounts; acceptable accounting Method C Summary To Appear on Disclosure 3. The final set of options shows the methods to determine limits when Due at closing = $300 resulting values if, as before, insurance were servicer expects substantial increase in Monthly escrow payment first year = $300/ disbursed in the eleventh month of the bills paid out of escrow account after month escrow cycle, but taxes were disbursed in the the first year for loans which settle on Estimated surplus refunded at end of first last month of the escrow cycle. or after [INSERT EFFECTIVE DATE OF year = $1212 FINAL RULE]. When the servicer Methods Estimated monthly escrow payment second expects a substantial increase in bills year = $300 ABC paid out of escrow account after the first Estimated monthly escrow payment third year, the servicer may deviate from the year = $300 Due at closing ... 168 0 300 requirements of paragraph (c) of this Monthly escrow Comparative Illustrations section to the extent necessary to payment first comply with paragraph (XX) of this 1. The escrow account methods for the year ...... 84 300 300 section. example shown in the text, with insurance Estimated sur- disbursed in the eleventh month and taxes plus refunded (XX) Methods of escrow account disbursed in the sixth month of the escrow at end of first analysis for the initial statement when cycle, are shown below: year ...... 0 1992 2292 the servicer expects a substantial Estimated increase in the bills paid out of the Methods monthly es- escrow account after the first year. crow payment When the servicer expects a substantial ABC second year ... 336 300 300 increase in the bills paid out of the Estimated escrow account after the first year, the Due at closing ... 252 0 300 monthly es- servicer shall use the following steps in crow payment Monthly escrow producing the projection for the initial payment first third year ...... 330 300 300 year ...... 84 300 300 statement: Estimated sur- [or Alternative 3 (Mandate First Year (1) When a servicer uses this method plus refunded Overpayment)] of escrow accounting in conducting the at end of first initial escrow account analysis, the year ...... 0 912 1212 (b) * * * target balances may not exceed the Estimated Substantial increase means an balances computed according to the monthly es- increase of 50 percent or more in the following arithmetic operations: crow payment monthly escrow payment in the second (i) The servicer first projects a trial second year ... 419 300 300 year of an escrow account is projected balance for the account as a whole over Estimated as compared to the payment under the the next computation year (a trial monthly es- initial escrow accounting. running balance). The servicer may crow payment * * * * * third year ...... 300 300 300 include as disbursements only those (c) Limits on payments to escrow amounts that are expected to be paid in accounts; acceptable accounting 2. The following set of options shows the the 12-month period covered by the methods to determine limits. Except as projection. In doing so, the servicer resulting values if, as before, insurance were l disbursed in the eleventh month of the provided in paragraph ( ) of this assumes that it will make estimated escrow cycle, but taxes were disbursed in the section, the following applies: disbursements on or before the deadline first rather than the sixth month of the * * * * * to avoid a penalty. The servicer does not escrow cycle. Note how payments change as (d) Methods of escrow account use pre-accrual on these disbursement the month in which the taxes are disbursed analysis. Paragraph (c) of this section dates. The servicer also assumes that the changes and all other factors remain prescribes acceptable accounting borrower will make monthly payments constant. methods except as otherwise provided equal to one-twelfth of the estimated in paragraph (l) of this section. The total annual escrow account Methods following sets forth the steps servicers disbursements for the second year. shall use to determine whether their use ABC (ii) The servicer then examines the of an acceptable accounting method monthly trial balances and adds to the Due at closing ... 372 0 588 conforms with the limitations in initial deposit an amount just sufficient Monthly escrow paragraph (c)(1) of this section. The to bring the lowest monthly trial balance payment first steps set forth in this section derive (not considering the initial deposit) to year ...... 84 300 300 maximum limits. Servicers may use zero, and adjusts all other monthly 46526 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules balances and the initial deposit Pay- Bal- (i) After computing individual accordingly. Year 2 ment Disburs ance deposits in the 1000 series using single- (iii) The servicer then adds to the item accounting, the servicer shall make initial deposit the permissible cushion. Jun ...... 300 0 1980 an adjustment based on aggregate The cushion is one-sixth of the Jul ...... 300 0 2280 accounting. This adjustment equals the estimated total annual escrow account Aug ...... 300 0 2580 Sep ...... 300 0 2880 difference in the deposit required under disbursements for the second year or a Oct ...... 300 0 3180 aggregate accounting and the sum of the lesser amount specified by State law or Nov ...... 300 2880 600 deposits required under single-item the mortgage document. Dec ...... 300 0 900 accounting, with both sets of (2) The steps set forth in this Jan ...... 300 0 1200 calculations using the same cushion. paragraph (XX) derive maximum limits. Feb ...... 300 0 1500 The computation steps for both Servicers may use accounting Mar ...... 300 0 1800 accounting methods are set out in procedures that result in lower target Apr ...... 300 720 1380 § 3500.17(d). The adjustment will May ...... 300 0 1680 balances. In particular, servicers may always be a negative number or zero use a cushion less than the permissible Shortage/Surplus = Desired starting (–0–). The settlement agent shall enter cushion or no cushion at all. This balance¥Actual balance the aggregate adjustment amount on a paragraph (XX) does not require the use = 1680¥2892 line at the end of the 1000 series of the of a cushion. = ¥1212 (1212 surplus) HUD–1 or HUD–1A statement. * * * * * This $1212 surplus is refunded to borrower (ii) The settlement agent may initially at end of Year 1. Thus, the borrower starts calculate the 1000-series deposits for the Appendix H–2 Year 2 with the desired starting balance of HUD–1 and HUD–1A settlement The Payment Shock Problem $1680 and the monthly payment is $300. statement using single-item analysis Instructions and Sample Mathematical Step 3.—Projection for Year 3 with a maximum 1-month cushion Calculations for Alternative Escrow (unless the mortgage loan documents Same as year 2. Since there is no shortage Accounting Method or surplus, the monthly payment is $300 per indicate a smaller amount). In the Assumptions month. escrow account analysis conducted within 45 days of settlement, however, Disbursements: Single-Item Analysis With Aggregate the servicer shall adjust the escrow Year 1 Adjustment Problem [Items 7–9] account to reflect the aggregate $720 for insurance—disbursed in April 7. Section 3500.7 is amended by accounting balance. Appendix A to this $288 for property taxes—disbursed in revising paragraph (c)(2), to read as part contains instructions for November follows: completing the HUD–1 or HUD–1A settlement statements using single item Year 2 § 3500.7 Good Faith Estimate. analysis with an aggregate adjustment $720 for insurance—disbursed in April * * * * * and the alternative process during the $2,880 for property taxes—disbursed in (c) * * * phase-in period. Appendix E to this part November (2) The borrower will normally pay or illustrates the arithmetic steps for First Payment: June 15 incur at or before settlement, based aggregate analysis. Assumption: On the initial statement, the upon common practice in the locality of (2) Option 2. The servicer may cushion selected by servicer equals 1⁄6 of the mortgaged property. Each such complete the aggregate computation, as estimated total annual disbursements for the estimate must be made in good faith and set forth in 24 CFR 3500.17(d), and second year and the Monthly deposit equals bear a reasonable relationship to the record the aggregate deposit by inserting 1 ⁄12 of estimated total annual disbursements charge a borrower is likely to be the words ‘‘Aggregate Escrow Deposit for the second year. Any subsequent analysis required to pay at settlement and must uses the escrow accounting technique in 24 for Items Marked (*) Above’’ on a line CFR 3500.17(c)(3). be based upon experience in the locality at the end of the 1000 series and placing of the mortgaged property. Reserves to the total on that line. While no Step 1.—Projection for Year 1 be deposited with the lenders for the individual deposits are to be recorded 1000 series in the HUD–1 and HUD–1A on the other lines of the 1000 series, an Pay- Bal- may be estimated using a 1-month Year 1 ment Disburs ance asterisk (*) shall be placed next to each single item amount for each item. For item in the 1000 series for which a Initial deposit ...... 300 each charge for which the lender reserve has been collected. Jan ...... 300 0 600 requires a particular settlement service 9. Appendix A is amended in Section Feb ...... 300 0 900 provider to be used, the lender shall L, under the text heading ‘‘Line Item Mar ...... 300 0 1200 make its estimate based upon the Instructions,’’ by revising in the Apr ...... 300 0 1500 lender’s knowledge of the amounts discussion of ‘‘Lines 1000–1008’’ the May ...... 300 0 1800 charged by such provider. second paragraph and the second Jun ...... 300 288 1812 8. Section 3500.8 is amended by sentence of the third paragraph and by Jul ...... 300 0 2112 revising paragraph (c), to read as Aug ...... 300 0 2412 adding a new fourth paragraph, to read Sep ...... 300 0 2712 follows: as follows: Oct ...... 300 0 3012 § 3500.8 Use of HUD±1 and HUD±1A Appendix A to Part 3500—Instructions Nov ...... 300 720 2592 settlement statements. for Completing HUD–1 and HUD–1A Dec ...... 300 0 2892 * * * * * Settlement Statements; Sample HUD–1 (c) Aggregate Accounting At and HUD–1A Statements Step 2.—Projection for Year 2 Settlement. Servicers may choose * * * * * Option 1 or Option 2 of this paragraph: Lines 1000–1008. * * * Year 2 Pay- Disburs Bal- ment ance (1) Option 1. The servicer may choose The servicer shall pick Option 1 or Option the method in either paragraph (c)(1)(i) 2. Option 1. After itemizing individual Starting balance: ...... 1680 or (ii) of this section: deposits in the 1000 series using single-item Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Proposed Rules 46527 accounting, the settlement agent shall make * * * If a servicer has not yet conducted line at the end of the 1000 series and placing an adjustment based on an aggregate analysis the escrow account analysis to determine the the total on that line. While no individual to reflect the difference between the deposit aggregate accounting starting balance, the deposits are to be recorded on the other lines required under aggregate accounting and the settlement agent may initially calculate the of the 1000 series, an asterisk (*) shall be sum of the deposits required under single- 1000 series deposits for the HUD–1 and placed next to each item in the 1000 series item accounting, with both sets of HUD–1A settlement statement using single- for which a reserve has been collected. calculations using the same cushion. The item analysis with a maximum 1-month * * * * * computation steps for both accounting cushion (unless the mortgage loan documents Dated: July 5, 1996. methods are set out in 24 CFR 3500.17(d). indicate a smaller amount). * * * Nicolas P. Retsinas, The adjustment will always be either a Option 2. The servicer may complete the negative number or zero (-0-). The servicer aggregate computation, as set forth in 24 CFR Assistant Secretary for Housing—Federal shall enter the aggregate adjustment amount 3500.17(d), and record the aggregate deposit Housing Commissioner. on a final line in the 1000 series of the HUD– by inserting the words ‘‘Aggregate Escrow [FR Doc. 96–22371 Filed 8–30–96; 8:45 am] 1 or HUD–1A statement. Deposit for Items Marked (*) Above’’ on a BILLING CODE 4210±27±P i

Reader Aids Federal Register Vol. 61, No. 171 Tuesday, September 3, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws the revision date of each title. Public Laws Update Services (numbers, dates, etc.) 523±6641 For additional information 523±5227 Presidential Documents Executive orders and proclamations 523±5227 The United States Government Manual 523±5227 Other Services Electronic and on-line services (voice) 523±4534 Privacy Act Compilation 523±3187 TDD for the hearing impaired 523±5229

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FEDERAL REGISTER PAGES AND DATES, SEPTEMBER 46373±46528...... 3 ii Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Reader Aids

REMINDERS requirements; correction; California; comments due The items in this list were published 9-3-96 COMMENTS DUE NEXT by 9-9-96; published 8-23- editorially compiled as an aid Medicare: WEEK 96 to Federal Register users. Special enrollment periods Pacific Coast groundfish; Inclusion or exclusion from comments due by 9-12- and waiting period; AGRICULTURE this list has no legal 96; published 8-28-96 published 8-2-96 DEPARTMENT significance. DEFENSE DEPARTMENT INTERIOR DEPARTMENT Agricultural Marketing Acquisition regulations: Fish and Wildlife Service Service Allowable individual RULES GOING INTO Hunting and fishing: Cranberries grown in Massachusetts et al.; compensation; comments EFFECT TODAY Refuge-specific regulations; comments due by 9-11-96; due by 9-9-96; published published 9-3-96 published 8-12-96 7-10-96 DEFENSE DEPARTMENT INTERIOR DEPARTMENT Peanuts, domestically ENERGY DEPARTMENT Air Force Department National Park Service produced; comments due by Energy Efficiency and Industrial labor relations Special regulations: 9-12-96; published 8-28-96 Renewable Energy Office activities; CFR part Consumer products; energy removed; published 9-3-96 Lassen Volcanic National AGRICULTURE Park, CA; boating, fishing, DEPARTMENT conservation program: ENVIRONMENTAL and limit of catch; Animal and Plant Health Appliance standards; revised PROTECTION AGENCY published 9-3-96 Inspection Service product data sheets; Air programs; fuels and fuel comments due by 9-9-96; JUSTICE DEPARTMENT Exportation and importation of additives: animals and animal published 8-27-96 Immigration and Deposit control gasoline products: Refrigerators, refrigerator- Naturalization Service additives; certification Rinderpest and foot-and- freezers, and freezers; standards; published 7-5- Immigration: mouth disease; disease comments due by 9-11- 96 Fees for motions to reopen status change-- 96; published 8-12-96 Hazardous waste: or reconsider when filed Czech Republic and Italy; ENVIRONMENTAL Identification and listing-- concurrently with any comments due by 9-9- PROTECTION AGENCY Exclusions; published 9-3- application for relief under 96; published 7-9-96 Air pollution control; new 96 immigration laws for which motor vehicles and engines: a fee is chargeable; AGRICULTURE FEDERAL HOUSING DEPARTMENT Highway heavy-duty published 9-3-96 engines; emissions FINANCE BOARD Food Safety and Inspection TRANSPORTATION control; comments due by Federal home loan bank Service DEPARTMENT 9-12-96; published 7-19- system: Meat and poultry inspection: 96 Bank or trust company Federal Aviation Shingle packed bacon; net Air programs; fuels and fuel deposits; definition Administration weight statements; additives: modification; published 8- Airworthiness directives: labeling requirement Reformulated gasoline 2-96 Airbus; published 7-29-96 removed; comments due standards-- HEALTH AND HUMAN Boeing; published 7-29-96 by 9-13-96; published 8- SERVICES DEPARTMENT 14-96 Nitrogen oxides; Fokker; published 7-29-96 comments due by 9-9- Food and Drug McDonnell Douglas; COMMERCE DEPARTMENT 96; published 7-9-96 Administration published 7-29-96 Census Bureau Air quality implementation Food additives: Pratt & Whitney; published Foreign trade statistics: plans: Peroxyacetic acid, acetic 8-19-96 Customs entry records; Preparation, adoption, and acid, and hydrogen Saab; published 8-19-96 collection of Canadian submittal-- peroxide; published 9-3-96 Province of Origin Child restraint systems: Air quality models Peroxyacetic acid, acetic information; comments guideline; comments acid, hydrogen peroxide Booster seats and vest- and due by 9-9-96; published due by 9-11-96; and 1-hydroxyethylidene- harness-type systems, 7-10-96 published 8-12-96 1,1-diphosphonic acid approval withdrawn; and COMMERCE DEPARTMENT Transportation conformity (HEDP); published 9-3-96 lap held systems; existing National Oceanic and rule; flexibility and Medical devices: prohibition emphasis; published 6-4-96 Atmospheric Administration streamlining; comments Protective restraints; Fishery conservation and due by 9-9-96; published TRANSPORTATION premarket notification management: 7-9-96 procedures and current DEPARTMENT Alaska; fisheries of Air quality implementation good manufacturing National Highway Traffic Exclusive Economic Zone plans; approval and practices requirements; Safety Administration and repeal of North promulgation; various exemptions revocation; Motor vehicle content labeling; Pacific fisheries research States: published 3-4-96 passenger cars and light plan; comments due by 9- Illinois; comments due by 9- HEALTH AND HUMAN vehicles; domestic and 9-96; published 7-12-96 9-96; published 8-8-96 SERVICES DEPARTMENT foreign content information; North Pacific fisheries Massachusetts; comments Health Care Financing published 9-3-96 research plan; due by 9-9-96; published Administration Motor vehicle safety implementation; comments 8-8-96 Medicaid: standards: due by 9-13-96; published Pennsylvania; comments Health maintenance Child restraint systems-- 8-2-96 due by 9-9-96; published organizations, competitive Child harnesses and Northeastern United States 7-10-96 medical plans, and health backless restraints use fisheries; comments due Washington; comments due care prepayment plans-- in aircraft; by 9-12-96; published 7- by 9-9-96; published 8-8- Prepaid health care manufacturers labeling 24-96 96 organizations; physician requirements; published Ocean salmon off coasts of Air quality implementation incentive plan 6-4-96 Washington, Oregon, and plans; √A√approval and Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Reader Aids iii

promulgation; various HEALTH AND HUMAN comments due by 9-10- Beneficial ownership States; air quality planning SERVICES DEPARTMENT 96; published 7-12-96 reporting requirements; purposes; designation of Food and Drug Spouses and unmarried comments due by 9-9-96; areas: Administration children of refugees/ published 7-11-96 Colorado; comments due by Federal regulatory review: asylees; procedures for TRANSPORTATION 9-9-96; published 8-23-96 filing derivative petitions; Food additives; comments DEPARTMENT comments due by 9-9-96; Illinois; comments due by 9- due by 9-10-96; published Coast Guard published 7-9-96 9-96; published 8-8-96 6-12-96 Load lines: JUSTICE DEPARTMENT Air quality planning purposes; Food standards; comments Great Lakes certificate designation of areas: due by 9-10-96; published Classified national security extension; comments due Nevada; comments due by 6-12-96 information and access to by 9-9-96; published 7-9- 9-11-96; published 8-12- classified information; Human drugs: 96 96 comments due by 9-10-96; Internal analgesic, TRANSPORTATION Clean Air Act: published 7-12-96 antipyretic, and DEPARTMENT LEGAL SERVICES State operating permits antirheumatic products Computer reservation systems: CORPORATION programs-- (OTC); tentative final Prohibition of participating Class actions; funding New Hampshire; monograph; comments systems from engaging in restriction; comments due comments due by 9-13- due by 9-11-96; published level of participation that by 9-12-96; published 8-13- 96; published 8-14-96 6-13-96 would be lower than level 96 Hazardous waste program HOUSING AND URBAN of participation in any authorizations: Eviction proceedings of other system; comments DEVELOPMENT persons engaged in illegal Delaware; comments due by DEPARTMENT due by 9-13-96; published 9-9-96; published 8-8-96 drug activity; representation 8-14-96 Public and Indian housing: funding restriction; Hazardous waste: Public housing families; comments due by 9-12-96; TRANSPORTATION State underground storage strengthening role of published 8-13-96 DEPARTMENT tank program approvals-- fathers; regulatory Redistricting; funding Federal Aviation Connecticut; comments development; comments restriction; comments due Administration due by 9-9-96; due by 9-13-96; published by 9-12-96; published 8-13- Airworthiness directives: published 8-9-96 7-30-96 96 Airbus; comments due by 9- Delaware; comments due HOUSING AND URBAN Use of funds from sources 10-96; published 7-30-96 by 9-9-96; published 8- DEVELOPMENT other than Corporation (non- AlliedSignal Inc.; comments 5-96 DEPARTMENT LSC funds); comments due due by 9-9-96; published Pesticide programs: Federal Housing Enterprise by 9-12-96; published 8-13- 7-10-96 Risk/benefit information; Oversight Office 96 Boeing; comments due by reporting requirements; Risk-based capital; comments NATIONAL CREDIT UNION 9-9-96; published 7-9-96 comments due by 9-11- due by 9-9-96; published 6- ADMINISTRATION Fokker; comments due by 96; published 8-12-96 11-96 Credit unions: 9-9-96; published 7-9-96 FARM CREDIT INTERIOR DEPARTMENT Share insurance payment McDonnell Douglas; ADMINISTRATION and appeals; comments comments due by 9-9-96; Indian Affairs Bureau Farm credit system: due by 9-10-96; published published 7-9-96 Capital adequacy and Housing improvement 7-12-96 Pratt & Whitney; comments program: customer eligibility; NUCLEAR REGULATORY due by 9-10-96; published miscellaneous Administrative guidelines COMMISSION 7-12-96 amendments; comments simplification; comments Rulemaking petitions: Short Brothers PLC; due by 9-13-96; published due by 9-12-96; published IsoStent, Inc.; comments comments due by 9-9-96; 7-15-96 8-13-96 due by 9-10-96; published published 7-29-96 FEDERAL Land and water: 6-27-96 Short Brothers plc; COMMUNICATIONS Land acquisitions-- PERSONNEL MANAGEMENT comments due by 9-11- COMMISSION Navajo partitioned land OFFICE 96; published 8-1-96 Radio stations; table of grazing regulations; Allowances and diffferentials: Airworthiness standards: assignments: comments due by 9-9- Cost-of-living allowances in Special conditions-- Michigan; comments due by 96; published 6-10-96 Alaska, Hawaii, Puerto Cessna model 550 9-9-96; published 8-14-96 Practice and procedure: Rico, Guam, and U.S. airplane (serial number Pennsylvania; comments Employment preference; Virgin Islands; partnership 550-0801, etc.); due by 9-9-96; published comments due by 9-10- pilot project; comments comments due by 9-13- 8-20-96 96; published 7-12-96 due by 9-11-96; published 96; published 8-14-96 FEDERAL HOUSING INTERIOR DEPARTMENT 8-12-96 Class D airspace; comments FINANCE BOARD due by 9-9-96; published 7- Land Management Bureau Health benefits, Federal Federal home loan bank employees: 29-96 Range management: system: Opportunities to enroll and Class E airspace; comments Budgets approval; Wild free-roaming horses change enrollment; due by 9-13-96; published comments due by 9-9-96; and burros; adoption fees; comments due by 9-9-96; 7-29-96 comments due by 9-9-96; published 8-9-96 published 7-9-96 TRANSPORTATION published 7-10-96 FEDERAL TRADE POSTAL SERVICE DEPARTMENT COMMISSION JUSTICE DEPARTMENT Postal electronic commerce Federal Highway Textile Fiber Products Immigration and services; development; Administration Identification Act: Naturalization Service comments due by 9-13-96; Motor carrier safety and Teijin Ltd.; generic fiber Immigration: published 8-14-96 hazardous materials name application; Resettlement assistance SECURITIES AND administration: comments due by 9-9-96; eligibility; paroled Cuban EXCHANGE COMMISSION Proceeding, investigations, published 7-9-96 or Haitian nationals; Securities: and disqualifications and iv Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Reader Aids

penalties; practice rules; Occupant crash protection-- Alcoholic beverages: VETERANS AFFAIRS comments due by 9-13- Safety belt fit DEPARTMENT 96; published 8-6-96 improvement; Type 2 Distilled spirits; labeling and Motor vehicle safety safety belts for advertising-- Adjudication; pensions, standards: adjustable seats in Grape brandy, unaged; compensation, dependency, automobiles with gross Parts and accessories comments due by 9-11- etc.: weight of 10,000 necessary for safe 96; published 6-13-96 operation-- pounds or less; Diseases associated with Antilock brake systems on comments due by 9-12- TREASURY DEPARTMENT exposure to herbicide air-braked truck tractors, 96; published 7-29-96 agents-- single-unit trucks, TREASURY DEPARTMENT Internal Revenue Service buses, trailers, and Alcohol, Tobacco and Estate and gift taxes: Prostate cancer and acute converter dollies; Firearms Bureau and subacute peripheral comments due by 9-10- Alcohol, tobacco, and other Generation-skipping transfer neuropathy; comments 96; published 7-12-96 excise taxes: tax; comments due by 9- due by 9-9-96; TRANSPORTATION Liquors and articles from 10-96; published 6-12-96 published 8-8-96 DEPARTMENT Puerto Rico and Virgin National Highway Traffic Islands; Federal regulatory Sale of seized property; Safety Administration review; comments due by setting of minimum price; Motor vehicle safety 9-11-96; published 6-13- comments due by 9-11- standards: 96 96; published 6-13-96 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Reader Aids v

CFR CHECKLIST Title Stock Number Price Revision Date 60–139 ...... (869–028–00041–0) ...... 30.00 Jan. 1, 1996 140–199 ...... (869–028–00042–8) ...... 13.00 Jan. 1, 1996 This checklist, prepared by the Office of the Federal Register, is 200–1199 ...... (869–028–00043–6) ...... 23.00 Jan. 1, 1996 published weekly. It is arranged in the order of CFR titles, stock 1200–End ...... (869–028–00044–4) ...... 16.00 Jan. 1, 1996 numbers, prices, and revision dates. 15 Parts: An asterisk (*) precedes each entry that has been issued since last 0–299 ...... (869–028–00045–2) ...... 16.00 Jan. 1, 1996 week and which is now available for sale at the Government Printing 300–799 ...... (869–028–00046–1) ...... 26.00 Jan. 1, 1996 Office. 800–End ...... (869–028–00047–9) ...... 18.00 Jan. 1, 1996 A checklist of current CFR volumes comprising a complete CFR set, also appears in the latest issue of the LSA (List of CFR Sections 16 Parts: Affected), which is revised monthly. 0–149 ...... (869–028–00048–7) ...... 6.50 Jan. 1, 1996 150–999 ...... (869–028–00049–5) ...... 19.00 Jan. 1, 1996 The annual rate for subscription to all revised volumes is $883.00 1000–End ...... (869–028–00050–9) ...... 26.00 Jan. 1, 1996 domestic, $220.75 additional for foreign mailing. Mail orders to the Superintendent of Documents, Attn: New Orders, 17 Parts: P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be 1–199 ...... (869–028–00052–5) ...... 21.00 Apr. 1, 1996 accompanied by remittance (check, money order, GPO Deposit 200–239 ...... (869–028–00053–3) ...... 25.00 Apr. 1, 1996 Account, VISA, or Master Card). Charge orders may be telephoned 240–End ...... (869–028–00054–1) ...... 31.00 Apr. 1, 1996 to the GPO Order Desk, Monday through Friday, at (202) 512±1800 18 Parts: from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your charge orders 1–149 ...... (869–028–00055–0) ...... 17.00 Apr. 1, 1996 to (202) 512-2250. 150–279 ...... (869–028–00056–8) ...... 12.00 Apr. 1, 1996 Title Stock Number Price Revision Date 280–399 ...... (869–028–00057–6) ...... 13.00 Apr. 1, 1996 400–End ...... (869–028–00058–4) ...... 11.00 Apr. 1, 1996 1, 2 (2 Reserved) ...... (869–028–00001–1) ...... $4.25 Feb. 1, 1996 19 Parts: 3 (1995 Compilation 1–140 ...... (869–028–00059–2) ...... 26.00 Apr. 1, 1996 and Parts 100 and 141–199 ...... (869–028–00060–6) ...... 23.00 Apr. 1, 1996 1 101) ...... (869–028–00002–9) ...... 22.00 Jan. 1, 1996 200–End ...... (869–028–00061–4) ...... 12.00 Apr. 1, 1996 4 ...... (869–028–00003–7) ...... 5.50 Jan. 1, 1996 20 Parts: 5 Parts: 1–399 ...... (869–028–00062–2) ...... 20.00 Apr. 1, 1996 1–699 ...... (869–028–00004–5) ...... 26.00 Jan. 1, 1996 400–499 ...... (869–028–00063–1) ...... 35.00 Apr. 1, 1996 700–1199 ...... (869–028–00005–3) ...... 20.00 Jan. 1, 1996 500–End ...... (869–028–00064–9) ...... 32.00 Apr. 1, 1996 1200–End, 6 (6 21 Parts: Reserved) ...... (869–028–00006–1) ...... 25.00 Jan. 1, 1996 1–99 ...... (869–028–00065–7) ...... 16.00 Apr. 1, 1996 7 Parts: 100–169 ...... (869–028–00066–5) ...... 22.00 Apr. 1, 1996 0–26 ...... (869–028–00007–0) ...... 22.00 Jan. 1, 1996 170–199 ...... (869–028–00067–3) ...... 29.00 Apr. 1, 1996 27–45 ...... (869–028–00008–8) ...... 11.00 Jan. 1, 1996 200–299 ...... (869–028–00068–1) ...... 7.00 Apr. 1, 1996 46–51 ...... (869–028–00009–6) ...... 13.00 Jan. 1, 1996 300–499 ...... (869–028–00069–0) ...... 50.00 Apr. 1, 1996 52 ...... (869–028–00010–0) ...... 5.00 Jan. 1, 1996 *500–599 ...... (869–028–00070–3) ...... 28.00 Apr. 1, 1996 53–209 ...... (869–028–00011–8) ...... 17.00 Jan. 1, 1996 600–799 ...... (869–028–00071–1) ...... 8.50 Apr. 1, 1996 210–299 ...... (869–028–00012–6) ...... 35.00 Jan. 1, 1996 800–1299 ...... (869–028–00072–0) ...... 30.00 Apr. 1, 1996 300–399 ...... (869–028–00013–4) ...... 17.00 Jan. 1, 1996 1300–End ...... (869–028–00073–8) ...... 14.00 Apr. 1, 1996 400–699 ...... (869–028–00014–2) ...... 22.00 Jan. 1, 1996 700–899 ...... (869–028–00015–1) ...... 25.00 Jan. 1, 1996 22 Parts: 900–999 ...... (869–028–00016–9) ...... 30.00 Jan. 1, 1996 1–299 ...... (869–028–00074–6) ...... 36.00 Apr. 1, 1996 1000–1199 ...... (869–028–00017–7) ...... 35.00 Jan. 1, 1996 300–End ...... (869–028–00075–4) ...... 24.00 Apr. 1, 1996 1200–1499 ...... (869–028–00018–5) ...... 29.00 Jan. 1, 1996 23 ...... (869–028–00076–2) ...... 21.00 Apr. 1, 1996 1500–1899 ...... (869–028–00019–3) ...... 41.00 Jan. 1, 1996 1900–1939 ...... (869–028–00020–7) ...... 16.00 Jan. 1, 1996 24 Parts: 1940–1949 ...... (869–028–00021–5) ...... 31.00 Jan. 1, 1996 0–199 ...... (869–028–00077–1) ...... 30.00 May 1, 1996 1950–1999 ...... (869–028–00022–3) ...... 39.00 Jan. 1, 1996 200–219 ...... (869–028–00078–9) ...... 14.00 May 1, 1996 2000–End ...... (869–028–00023–1) ...... 15.00 Jan. 1, 1996 220–499 ...... (869–028–00079–7) ...... 13.00 May 1, 1996 500–699 ...... (869–028–00080–1) ...... 14.00 May 1, 1996 8 ...... (869–028–00024–0) ...... 23.00 Jan. 1, 1996 700–899 ...... (869–028–00081–9) ...... 13.00 May 1, 1996 9 Parts: 900–1699 ...... (869–028–00082–7) ...... 21.00 May 1, 1996 1–199 ...... (869–028–00025–8) ...... 30.00 Jan. 1, 1996 1700–End ...... (869–028–00083–5) ...... 14.00 May 1, 1996 200–End ...... (869–028–00026–6) ...... 25.00 Jan. 1, 1996 25 ...... (869–028–00084–3) ...... 32.00 May 1, 1996 10 Parts: 26 Parts: 0–50 ...... (869–028–00027–4) ...... 30.00 Jan. 1, 1996 §§ 1.0-1–1.60 ...... (869–028–00085–1) ...... 21.00 Apr. 1, 1996 51–199 ...... (869–028–00028–2) ...... 24.00 Jan. 1, 1996 §§ 1.61–1.169 ...... (869–028–00086–0) ...... 34.00 Apr. 1, 1996 200–399 ...... (869–028–00029–1) ...... 5.00 Jan. 1, 1996 §§ 1.170–1.300 ...... (869–028–00087–8) ...... 24.00 Apr. 1, 1996 400–499 ...... (869–028–00030–4) ...... 21.00 Jan. 1, 1996 §§ ...... 500–End ...... (869–028–00031–2) ...... 34.00 Jan. 1, 1996 1.301–1.400 (869–028–00088–6) 17.00 Apr. 1, 1996 §§ 1.401–1.440 ...... (869–028–00089–4) ...... 31.00 Apr. 1, 1996 11 ...... (869–028–00032–1) ...... 15.00 Jan. 1, 1996 §§ 1.441-1.500 ...... (869-028-00090-8) ...... 22.00 Apr. 1, 1996 12 Parts: §§ 1.501–1.640 ...... (869–028–00091–6) ...... 21.00 Apr. 1, 1996 1–199 ...... (869–028–00033–9) ...... 12.00 Jan. 1, 1996 §§ 1.641–1.850 ...... (869–028–00092–4) ...... 25.00 Apr. 1, 1996 200–219 ...... (869–028–00034–7) ...... 17.00 Jan. 1, 1996 §§ 1.851–1.907 ...... (869–028–00093–2) ...... 26.00 Apr. 1, 1996 220–299 ...... (869–028–00035–5) ...... 29.00 Jan. 1, 1996 §§ 1.908–1.1000 ...... (869–028–00094–1) ...... 26.00 Apr. 1, 1996 300–499 ...... (869–028–00036–3) ...... 21.00 Jan. 1, 1996 §§ 1.1001–1.1400 ...... (869–028–00095–9) ...... 26.00 Apr. 1, 1996 500–599 ...... (869–028–00037–1) ...... 20.00 Jan. 1, 1996 §§ 1.1401–End ...... (869–028–00096–7) ...... 35.00 Apr. 1, 1996 600–End ...... (869–028–00038–0) ...... 31.00 Jan. 1, 1996 2–29 ...... (869–028–00097–5) ...... 28.00 Apr. 1, 1996 30–39 ...... (869–028–00098–3) ...... 20.00 Apr. 1, 1996 13 ...... (869–028–00039–8) ...... 18.00 Mar. 1, 1996 40–49 ...... (869–028–00099–1) ...... 13.00 Apr. 1, 1996 14 Parts: 50–299 ...... (869–028–00100–9) ...... 14.00 Apr. 1, 1996 1–59 ...... (869–028–00040–1) ...... 34.00 Jan. 1, 1996 300–499 ...... (869–028–00101–7) ...... 25.00 Apr. 1, 1996 vi Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Reader Aids

Title Stock Number Price Revision Date Title Stock Number Price Revision Date 500–599 ...... (869–028–00102–5) ...... 6.00 4 Apr. 1, 1990 425–699 ...... (869–026–00156–1) ...... 30.00 July 1, 1995 600–End ...... (869–028–00103–3) ...... 8.00 Apr. 1, 1996 700–789 ...... (869–026–00157–0) ...... 25.00 July 1, 1995 790–End ...... (869–026–00158–8) ...... 15.00 July 1, 1995 27 Parts: 1–199 ...... (869–028–00104–1) ...... 44.00 Apr. 1, 1996 41 Chapters: 200–End ...... (869–028–00105–0) ...... 13.00 Apr. 1, 1996 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 28 Parts: ...... 3–6 ...... 14.00 3 July 1, 1984 1-42 ...... (869–026–00108–1) ...... 27.00 July 1, 1995 7 ...... 6.00 3 July 1, 1984 43-end ...... (869-026-00109-0) ...... 22.00 July 1, 1995 8 ...... 4.50 3 July 1, 1984 3 29 Parts: 9 ...... 13.00 July 1, 1984 3 0–99 ...... (869–028–00108–4) ...... 26.00 July 1, 1996 10–17 ...... 9.50 July 1, 1984 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 100–499 ...... (869–028–00109–2) ...... 12.00 July 1, 1996 3 500–899 ...... (869–026–00112–0) ...... 36.00 July 1, 1995 18, Vol. II, Parts 6–19 ...... 13.00 July 1, 1984 ...... 3 900–1899 ...... (869–026–00113–8) ...... 17.00 July 1, 1995 18, Vol. III, Parts 20–52 13.00 July 1, 1984 19–100 ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1901.1 to 1–100 ...... (869–026–00159–6) ...... 9.50 July 1, 1995 ...... 1910.999) (869–026–00114–6) 33.00 July 1, 1995 101 ...... (869–026–00160–0) ...... 29.00 July 1, 1995 1910 (§§ 1910.1000 to 102–200 ...... (869–028–00161–1) ...... 17.00 July 1, 1996 end) ...... (869–026–00115–4) ...... 22.00 July 1, 1995 201–End ...... (869–026–00162–6) ...... 13.00 July 1, 1995 1911–1925 ...... (869–026–00116–2) ...... 27.00 July 1, 1995 1926 ...... (869–026–00117–1) ...... 35.00 July 1, 1995 42 Parts: 1927–End ...... (869–026–00118–9) ...... 36.00 July 1, 1995 1–399 ...... (869–026–00163–4) ...... 26.00 Oct. 1, 1995 400–429 ...... (869–026–00164–2) ...... 26.00 Oct. 1, 1995 30 Parts: 430–End ...... (869–026–00165–1) ...... 39.00 Oct. 1, 1995 1–199 ...... (869–026–00119–7) ...... 25.00 July 1, 1995 200–699 ...... (869–026–00120–1) ...... 20.00 July 1, 1995 43 Parts: *700–End ...... (869–028–00119–0) ...... 38.00 July 1, 1996 1–999 ...... (869–026–00166–9) ...... 23.00 Oct. 1, 1995 1000–3999 ...... (869–026–00167–7) ...... 31.00 Oct. 1, 1995 31 Parts: 4000–End ...... (869–026–00168–5) ...... 15.00 Oct. 1, 1995 0–199 ...... (869–026–00122–7) ...... 15.00 July 1, 1995 200–End ...... (869–026–00123–5) ...... 25.00 July 1, 1995 44 ...... (869–026–00169–3) ...... 24.00 Oct. 1, 1995 32 Parts: 45 Parts: 1–39, Vol. I ...... 15.00 2 July 1, 1984 1–199 ...... (869–022–00170–7) ...... 22.00 Oct. 1, 1995 1–39, Vol. II ...... 19.00 2 July 1, 1984 200–499 ...... (869–026–00171–5) ...... 14.00 Oct. 1, 1995 1–39, Vol. III ...... 18.00 2 July 1, 1984 500–1199 ...... (869–026–00172–3) ...... 23.00 Oct. 1, 1995 1–190 ...... (869–026–00124–3) ...... 32.00 July 1, 1995 1200–End ...... (869–026–00173–1) ...... 26.00 Oct. 1, 1995 191–399 ...... (869–026–00125–1) ...... 38.00 July 1, 1995 46 Parts: 400–629 ...... (869–026–00126–0) ...... 26.00 July 1, 1995 1–40 ...... (869–026–00174–0) ...... 21.00 Oct. 1, 1995 630–699 ...... (869–028–00125–4) ...... 14.00 5 July 1, 1991 41–69 ...... (869–026–00175–8) ...... 17.00 Oct. 1, 1995 700–799 ...... (869–026–00128–6) ...... 21.00 July 1, 1995 70–89 ...... (869–026–00176–6) ...... 8.50 Oct. 1, 1995 800–End ...... (869–026–00129–4) ...... 22.00 July 1, 1995 90–139 ...... (869–026–00177–4) ...... 15.00 Oct. 1, 1995 140–155 ...... (869–026–00178–2) ...... 12.00 Oct. 1, 1995 33 Parts: 156–165 ...... (869–026–00179–1) ...... 17.00 Oct. 1, 1995 1–124 ...... (869–026–00130–8) ...... 20.00 July 1, 1995 166–199 ...... (869–026–00180–4) ...... 17.00 Oct. 1, 1995 125–199 ...... (869–026–00131–6) ...... 27.00 July 1, 1995 200–499 ...... (869–026–00181–2) ...... 19.00 Oct. 1, 1995 200–End ...... (869–026–00132–4) ...... 24.00 July 1, 1995 500–End ...... (869–026–00182–1) ...... 13.00 Oct. 1, 1995 34 Parts: 47 Parts: 1–299 ...... (869–026–00133–2) ...... 25.00 July 1, 1995 0–19 ...... (869–026–00183–9) ...... 25.00 Oct. 1, 1995 300–399 ...... (869–026–00134–1) ...... 21.00 July 1, 1995 20–39 ...... (869–026–00184–7) ...... 21.00 Oct. 1, 1995 400–End ...... (869–026–00135–9) ...... 37.00 July 5, 1995 40–69 ...... (869–026–00185–5) ...... 14.00 Oct. 1, 1995 35 ...... (869–026–00136–7) ...... 12.00 July 1, 1995 70–79 ...... (869–026–00186–3) ...... 24.00 Oct. 1, 1995 80–End ...... (869–026–00187–1) ...... 30.00 Oct. 1, 1995 36 Parts 1–199 ...... (869–026–00137–5) ...... 15.00 July 1, 1995 48 Chapters: 200–End ...... (869–026–00138–3) ...... 37.00 July 1, 1995 1 (Parts 1–51) ...... (869–026–00188–0) ...... 39.00 Oct. 1, 1995 1 (Parts 52–99) ...... (869–026–00189–8) ...... 24.00 Oct. 1, 1995 37 ...... (869–026–00139–1) ...... 20.00 July 1, 1995 2 (Parts 201–251) ...... (869–026–00190–1) ...... 17.00 Oct. 1, 1995 38 Parts: 2 (Parts 252–299) ...... (869–026–00191–0) ...... 13.00 Oct. 1, 1995 0–17 ...... (869–026–00140–5) ...... 30.00 July 1, 1995 3–6 ...... (869–026–00192–8) ...... 23.00 Oct. 1, 1995 18–End ...... (869–026–00141–3) ...... 30.00 July 1, 1995 7–14 ...... (869–026–00193–6) ...... 28.00 Oct. 1, 1995 15–28 ...... (869–026–00194–4) ...... 31.00 Oct. 1, 1995 39 ...... (869–026–00142–1) ...... 17.00 July 1, 1995 29–End ...... (869–026–00195–2) ...... 19.00 Oct. 1, 1995 40 Parts: 49 Parts: 1–51 ...... (869–026–00143–0) ...... 40.00 July 1, 1995 1–99 ...... (869–026–00196–1) ...... 25.00 Oct. 1, 1995 52 ...... (869–026–00144–8) ...... 39.00 July 1, 1995 100–177 ...... (869–026–00197–9) ...... 34.00 Oct. 1, 1995 53–59 ...... (869–026–00145–6) ...... 11.00 July 1, 1995 178–199 ...... (869–026–00198–7) ...... 22.00 Oct. 1, 1995 60 ...... (869-026-00146-4) ...... 36.00 July 1, 1995 200–399 ...... (869–026–00199–5) ...... 30.00 Oct. 1, 1995 61–71 ...... (869–026–00147–2) ...... 36.00 July 1, 1995 400–999 ...... (869–026–00200–2) ...... 40.00 Oct. 1, 1995 72–85 ...... (869–026–00148–1) ...... 41.00 July 1, 1995 1000–1199 ...... (869–026–00201–1) ...... 18.00 Oct. 1, 1995 86 ...... (869–026–00149–9) ...... 40.00 July 1, 1995 1200–End ...... (869–026–00202–9) ...... 15.00 Oct. 1, 1995 *87–135 ...... (869–028–00149–1) ...... 35.00 July 1, 1996 50 Parts: ...... 87–149 (869–026–00150–2) 41.00 July 1, 1995 1–199 ...... (869–026–00203–7) ...... 26.00 Oct. 1, 1995 150–189 ...... (869–026–00151–1) ...... 25.00 July 1, 1995 200–599 ...... (869–026–00204–5) ...... 22.00 Oct. 1, 1995 190–259 ...... (869–026–00152–9) ...... 17.00 July 1, 1995 600–End ...... (869–026–00205–3) ...... 27.00 Oct. 1, 1995 260–299 ...... (869–026–00153–7) ...... 40.00 July 1, 1995 300–399 ...... (869–026–00154–5) ...... 21.00 July 1, 1995 CFR Index and Findings 400–424 ...... (869–028–00155–6) ...... 33.00 July 1, 1996 Aids ...... (869–028–00051–7) ...... 35.00 Jan. 1, 1996 Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Reader Aids vii

Title Stock Number Price Revision Date Complete 1996 CFR set ...... 883.00 1996 Microfiche CFR Edition: Subscription (mailed as issued) ...... 264.00 1996 Individual copies ...... 1.00 1996 Complete set (one-time mailing) ...... 264.00 1995 Complete set (one-time mailing) ...... 244.00 1994 Complete set (one-time mailing) ...... 223.00 1993 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period Apr. 1, 1990 to Mar. 31, 1996. The CFR volume issued April 1, 1990, should be retained. 5 No amendments to this volume were promulgated during the period July 1, 1991 to June 30, 1996. The CFR volume issued July 1, 1991, should be retained. viii Federal Register / Vol. 61, No. 171 / Tuesday, September 3, 1996 / Reader Aids

TABLE OF EFFECTIVE DATES AND TIME PERIODSÐSEPTEMBER 1996

This table is used by the Office of the dates, the day after publication is A new table will be published in the Federal Register to compute certain counted as the first day. first issue of each month. dates, such as effective dates and When a date falls on a weekend or comment deadlines, which appear in holiday, the next Federal business day agency documents. In computing these is used. (See 1 CFR 18.17)

DATE OF FR 15 DAYS AFTER 30 DAYS AFTER 45 DAYS AFTER 60 DAYS AFTER 90 DAYS AFTER PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION

September 3 September 18 October 3 October 18 November 4 December 2

September 4 September 19 October 4 October 21 November 4 December 3

September 5 September 20 October 7 October 21 November 4 December 4

September 6 September 23 October 7 October 21 November 5 December 5

September 9 September 24 October 9 October 24 November 8 December 9

September 10 September 25 October 10 October 25 November 12 December 9

September 11 September 26 October 11 October 28 November 12 December 10

September 12 September 27 October 15 October 28 November 12 December 11

September 13 September 30 October 15 October 28 November 12 December 12

September 16 October 1 October 16 October 31 November 15 December 16

September 17 October 2 October 17 November 1 November 18 December 16

September 18 October 3 October 18 November 4 November 18 December 17

September 19 October 4 October 21 November 4 November 18 December 18

September 20 October 7 October 21 November 4 November 19 December 19

September 23 October 8 October 23 November 7 November 22 December 23

September 24 October 9 October 24 November 8 November 25 December 23

September 25 October 10 October 25 November 12 November 25 December 24

September 26 October 11 October 28 November 12 November 25 December 26

September 27 October 15 October 28 November 12 November 26 December 26

September 30 October 15 October 30 November 14 November 29 December 30